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HomeMy WebLinkAboutAgenda Council Agenda 021899All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the meeting being called to order. CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING FEBRUARY 18,1999 7:30 P.M. I. PLEDGE OF ALLEGIANCE H. ROLL CALL: Mayor Joseph" usso, Vice Mayo Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. III. ANNOUNCEMENTS: Monday, 2/22, 5:30 P.M., Art Advisory Committee Tuesday, 2/23, 6:30 P.M., Planning and Zoning Commission IV. CITY MANAGER REPORT: V. PRESENTATIONS: 1. Presentations to the following employees for 15 years of service to the City of Palm Beach Gardens: Susan Miller -Z 2. Presentations to the following employees for 10 years of service to the City of Palm Beach Gardens: Mark Hotham, Sherrill Wallace, Gisele Foster, Steven Fee, Paul Houde, Dindial Laljie. 4 3. Presentation by D.O.T. re: Alternate Alignment for State Road 7 -ate 4. Presentation of Beautification Award to Frenchman's Creek. 5. : Presentation the 120 Day Operational Assessment for the City Golf Course. _5 6. Presentation by Leo Noble re: Education VI. AWARDING OF BIDS: �� 6 1. Awarding of Bid for Aquatic Weed Control Services. 2. Awarding of Contract for Pathway Installation Service ' G VII. ITEMS BY MAYOR AND COUNCIL: JL- VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) IX. CONSENT AGENDA; C 1tk14 4 " 5 — G 1. Approval of 2/4/99 Regular City Council Minutes 2. Resolution 21, 1999 - Consideration of Approval of Plat of Oakbrook Corporate Center. X. PUBLIC HEARINGS: 1. Ordinance 26, 1998 - Amending Ordinance 15, 1997, Which Approved a PUD/Landscape Plan for City Centre, Formerly Known as Oakbrook Center Generally Located at the Southeast Corner of PGA Boulevard and Ellison Wilson Road, by Approving a Waiver to Section 118- 280(g)(14), Entitled `Building Design Guidelines" "Underground Utilities" and by Amending the Landscape Plan. (Adv., 1/20/99; Consideration of Approval for Second Reading d o tion;Continued from the 2/4/99 Regular Meeting of the City Council) S� d s -d 2. Ordinance 6, 1999 - Providing for Approval of Palm Beach Community College Educare Facility. (Public �adv.2 /3 9; Consideration of Second Reading and Adoption) 5 —b XI. RESOLUTIONS: 1. Resolution 12 999 nns� �atu�n of Approval of Lot 3, South Park Building Signs (Icon and Landis). D 2. Resolution 16, 1999 - Consideration of Approval of Alternate A -1 -A Agreements r 3. Resolution 17, 1999 - Consideration of Approval of a Site Plan for BallenIsles Parcel 24. syd� 4 Resolution 18, 1999 - Consideration of Approval of a Site Plan for BallenIsles Parcel 6A. s'� 5. Resolution 19, 1999 - Consideration of A roval f Ba1lenIsles Grand Key Estates Parcel s--d Entry. - -0 6 Resolution 22, 1999 - Consideration of Ap oval of Support of oun id �jond 5__0 Referendum for Land Acquisition for Conservation Purposes."") 7 Resolution 23, 1999 - Consideration of Approval of Support of County -wide Bon , Referendum for Land Acquisition and Construction of Recreational and Cultural Facilities 8. Resolution 24, 1999 - Consideration of Appropv o Su rt for State Legislature to Enact New Laws Regulating Pawnbrokers. CJ�'�"1 M S� XII. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 11, 1999 - Providing for Ary�m��e,,��ndmeen`t to City Centre Site Plan - Parcel F (Consideration of First Reading) C�1 5-- C) XIH. ITEMS FOR COUNCIL ACTION: XIV. ITEMS FOR DISCUSSION: XV. CITY ATTORNEY REPORT: XVI. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (407) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. RESOLUTION 12 , 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE APPROVED SITE PLAN FOR LOT 3 OF SOUTH PARK CENTER TO PROVIDE A CHANGE TO THE COLOR OF THE WALL SIGN; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan for the construction of 40,000 square -feet of office on 3.08 + /- acres on lot 3 of South Park Center within the Northcorp Planned Community District by Resolution 22, 1998; and WHEREAS, the City Council of the City of Palm Beach Gardens has received an application to amend the approved building wall sign color from bronze to solid blue; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to the plans approved by Resolution 22, 1998 to change the color of the building wall sign from bronze to solid blue. The building is located on 3.08 + /- acres on lot 3 of South Park Center generally located at the northwest corner of Riverside Drive and Burns Road, within the Northcorp Planned Community District, Section 2. Construction of said development shall be in accordance with the following document on file with the City's Growth Management Department and shall supercede the sign specifications indicated on January 20, 1998 Building Elevations: 1. December 24, 1998, letter from James E. Griffin to Marty Minor, 1 Sheet. Section 4. This Resolution shall be effective upon adoption. Resolution, 1999 Page 1 INTRODUCED, PASSED AND ADOPTED THIS DAY OF , 1999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO _ VICE MAYOR FURTADO _ COUNCILMAN SABATELLO _ COUNCILMAN JABLIN _ COUNCILMAN CLARK \bk planning: \shortr — 1 \misc9819.re Resolution, 1999 Page 2 MVE, 1-1,03,VBROOK G 0 L F G R O U P City of Palm Beach Gardens Golf Course Presentation Outline February 18, 1999 Introductions Greg Christovich, John Fogel, Kristie Seely 120 day plan overview Purpose of the plan Key Startup Objectives 1 st quarter acclimation (learning a new property, people, systems, expectations) Attainment of immediate objectives (manpower, deferred maintenance, service deficiencies) Foundation for smooth and systematic future plan implementation (marketing, facility enhancements, forward progress on long term infrastructure issues) 2 °d Quarter Priority Areas Financial performance (shoulder and off - season marketing, precise information processing and performance management, strict control procedures) Guest service (programming, non-capital facility enhancements, "club" atmosphere in a public golf environment) infrastructure assessment (water and sewer, drainage, traffic safety, building design) Summary Comments Well performing facility (34.7% operating income as a percent of gross sales) Shortfall in available cash for debt service due to high initial development cost Continued financial improvement coupled with refinance strategy is a desirable option Questions CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—February 12, 1999 Subjectftenda.ltem:. Presentatinn_ of the 120.. day. OperationaL Assessment.. study completed by Meadowbrook Golf, Inc., concerning the operations of the Municipal Golf Course. Recommendation/Motion:-. Accept the. Operational. Assessment as presented by Meadowbrook Golf, Inc. Reviewed by: Originating_ Dept: Costs: $ Council Action: Total City Attorney Parks and Recreation [ ] Approved Fi`anc�a [ ] APprovedw-cc.:..:-..AS. Current-FY ACM. [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments- Other Date: ( j operating Paper, [ ] Other- --t Memo_from.Directof of Park&and- Recreation 2.. Copy.of.12Q . Operational [ X ] Not Required Assessment Submitted by: Sue Miller Department- Director- Affected parties - [ ]Notified... BudgetAcet#:: WA- [ . ] None... Approved-bow- City Manager [ ]_ Not. required MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation DATE: February 12, 1999 RE: 120 Day Operational Assessment of Golf Course. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** As stipulated in the contract between Meadowbrook Golf, Inc., and the City, Meadowbrook is presenting for your review their 120 day Operational Assessment and Plan Recommendations for the municipal golf course. Representatives form Meadowbrook and myself will be present at the council meeting on February Ieto make -the- presentation -to councif and-tor answeranyofthe-questiorm that- may arise. Staff feels that the items mentioned in the report are feasible, however, the time frames for completing some of the items is not reasonable, due to budgetary constraints. Due to some. recent repairs to the irrigation system, items such as the painting of the clubhouse and minor renovations to the snack area, and the improvements to the parking lot, along with the study to research the water and drainage problems may not be possible until next fiscal year. Examination of the roof will indicate how severe that problem is and will dictate the rapidness of the repairs. The installation of a west -bound turning lane along Northlake Boulevard into the course will need to be discussed with the county. The complete replacement of the Point of Sale system for the operations of the course have been estimated at $20,000 which is not in the current budget. Finally, the replacement of the golf car fleet should be seriously considered as Meadowbrook's fleet evaluation has determined that very little preventative maintenance was completed on the fleet within the past several years. Meadowbrook indicates that it may cost up to $50,000 in repair costs alone to bring the fleet up to proper operating standards. Meadowbrook has been discussing the fleet problem with several fleet vendors who have indicated that 75 cars can be leased for an estimated $3,375 /month (approximately $45.00 /month/car) compared to our current arrangement of leasing 69 cars at $2,987 /month (approximately $43.29 /month/car). Meadowbrook also has stated that they believe the City could enter into this lease agreement without any cash outlay. By replacing the fleet, we would not only be saving a considerable amount of money over the next several years, but we would also be providing the customers with new, reliable cars which would greatly enhance the customer service at the course. If you have any questions, or wish to discuss this presentation with me, I am available at your convenience. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 2/2/99 Aquatic Wpj !d Control Rar•nmmanrlat.i nn Subject/Agenda Item Reject alb, Aids and ni aavhark nff of Nnrf-.harn ' G Arrna+-.i r contract Recommendation /Motion: ^� Reviewed by: Originating Dept: Costs: $ 36 1 900 Council Action: Total City Attorney_ [ ] Approved h� Finance KKl1 _ $ 36f900 ( ]Approvedw / =nawu ACM 4 � _„ Current FY [ ]Denied Advertised: Funding Source: [ ] Continued to: Human Res. Date: 12/6/9 8 [X] Operating Attachments: Other , Paper: Palm Beach Pp [ ] Not Requied [ ] Other memo, three contracts and bid tab sheet Submitted by: Public Works Department Director Affected parties k)d Notified Budget Acct. #:: 01-3040-541.3480 rNone Approved by: City Manager [. ] Not required BACKGROUND: 9 TO CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 MEMORANDUM Richard Diamond, Assistant City Manager FROM: Bob Patty, Director of Public Works V5? DATE: February 11, 1999 RE: Aquatic Weed Control Recommendation On December 6, 1998 a Request for Proposal was issued for the aquatic weed control of the City's canals, lakes and waterways. The bid was closed on January 14, 1999 and three legal bids were received as indicated on the bid tabulation sheet (attachment 1). The lowest bid for the aquatic weed control was received from Aquagenix Land -Water Technologies, Inc. for $49,182.00. Public Works has budgeted $36,900.00 in the Contractual Services Account #01- 3040 - 541.3480 for aquatic weed control. The company chosen for treating aquatic vegetation within the City's 75 -acre drainage system must provide all equipment, labor and material necessary to help keep the waterways clean. The company controls submerged species, emergent vegetation, floating vegetation and filamentous algae within each waterway. The schedule is based on a 12 -month fiscal year with 3 -week interval spraying between November and April and 2 -week interval spraying from May to October. We also have requested that they provide monthly treatment summaries for our city records. At this time, the Public Works Department is requesting Council consider a motion to reject all bids and piggyback off of Northern's Aquatic Contract, due to the budget shortage (that would be created by the bids) of $7,165. The present contractor (Aquatic Vegetation Control, Inc.) has agreed to honor the Northern Contract Bid pricing until the end of the contract (9/30/99). By piggybacking off Northern's Contract there will be no shortage in the budget. Staff can evaluate the benefits of piggybacking off a larger contract or go out for bid again before the end of the fiscal year. Should you have any questions regarding this recommendation, please contact me. I will make myself available for the next Council meeting to answer any questions. cc: Bobbie Herakovich, City Manager file FEB 11 '99 10:05AM PALM BEACH GARDENS BID TABULATION SHEET The following are the three legal bids received for the Aquatic Weed Control: Aquagenix Land -Water Technologies, Inc. $49,182.00 Per Year Aquatic Vegetation Control, Inc. $57,600.06 Per Year Ron Hare DBA Weed Control $60,000.00 Per Year "*A bid was received from RPMS Co., Inc., but was not considered because the organization was not represented at the mandatory Pre -Bid conference held on 12/22/98, at the Public Works office. P.3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:_ 2/9/99 Pat}hwav Tn -,fatl_ation Service recommendation Subject/Agenda Item Award Pathway Contract to Wynn & Sons Enviromental Const.,Inc. Recommendation /Motion: Reviewed by: Originating Dept: Costs: $ O 000 Council Action: City Attomey Public Works Tota A [ ] Approved j� Finance � \1 $ 150,.000. [ ]Approved,/ =wit;.,,, Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: 1/22/99 [ ] Operating Paper. .] Not Post [ ] Other memo and Submitted by: e d proposal form public Works epartment Director Affected parties [ ] Notified Budget Acct. #:: 6- 3000 - 539.5265 (' TNone Approved by: City Manager [ ] Not required BACKGROUND: B Memo To: Richard Diamond, Assistant City Manager From: Bob Patty, Director of Public Works Date: 02/12/99 Re: Pathway Installation Services Recommendation On January 22, 1999, a Request for Proposal was issued for the pathway installation - resetting of mailboxes, excavation, 4" concrete pathways and 6" concrete pathways (or driveways). The bid was closed on February 9, 1999 and one bid was received from Wynn & Sons Environment Construction, Inc., as shown on the attached Proposal Form. The Public Works has budgeted $150,000 in the Road and Drainage Repairs Account # 16- 3000 - 539.5265. This is a two - dollar saving per square yard, over the present_ County Pathway Contract, Public Works has been utilizing for current Pathway projects. At this time, the Public Works Department is requesting Council consider a motion to award the Pathway Installation Services to Wynn & Sons Environmental Construction, Inc. The bid meets and /or exceeds the bid specifications and support requirements. Should you have any questions regarding this recommendation, please contact me. I will make myself available for the next Council Meeting to answer any questions. cc: Bobbie Herakovich, City Manager file PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ) Individual Partnership �P'Corporation Other (Specify) Name of Organization \A/ Y N H t W�t (Or Individual) Address _S 0 CY —1fl City \A/, State F Telephone Number Tax I.D. d-30/ 2 y6 Business Address city State -F- L— Zip Code Organized Date Proposees Representative \vv /V Title ITEM UNIT PRICE I Mail Boxes (Reset) Each $ 2. Excavation Cubic Yard $ 3. 4" Concrete Pathway Square Yard $ 4. 6" Concrete Pathway (or Driveway) Square Yard $ ATTEST: PROPOSER. ........... .. t Signature Sigtiatu-re G-FNLT-�(- W\61l2, V tc-'6-, Title Title Date Date CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING FEBRUARY 4, 1999 The February 4, 1999, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman David Clark and Councilman Carl Sabatello. Councilman Eric Jablin was absent due to illness. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT The City Manager announced a grand opening for the Gardens Ball Fields on February 27 at 9 a.m., and opening of the new Tennis Center on February 6. A $46,650 beautification grant had been received by the City for the FDOT and FEC right -of -way along Alternate AlA from Burns Road south. City Manager Herakovich announced the Vision was now a formal document. The City Manager announced WCI Properties had agreed to present a vision session on February 10 from 9:30 to 11:30, to which the public and City Council, and Planning and Zoning Commission were invited. PRESENTATIONS County Bond Referendums Palm Beach County Commissioner Karen Marcus explained that the first issue was the $24.5 million park bond issue of which Palm Beach Gardens had $3.5 million for a north county district park. The next issue was a $150 million bond issue for open space and conservation and environmentally sensitive lands. Commissioner Marcus explained that residents would be given information regarding the much cheaper cost benefits of maintaining land as agricultural and open space rather than developed land, and commented that land was needed to provide an Everglades restoration buffer. Commissioner Marcus commented that the County had been talking with WCI Communities regarding purchasing environmentally sensitive lands in northern Palm Beach County after the bond issue passed, and saw this as a way of making Palm Beach County different from Broward and Dade. The City Attorney was requested to research the legality of the City CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 supporting the bond referendums by Resolution, and if found to be legal to prepare two Resolutions for the next meeting supporting the two bond referendums. Commissioner Marcus indicated she would provide to the City Council a list of sites in the north county area which would qualify as environmentally sensitive lands. Commissioner Marcus provided an update regarding the drainage project on Idlewild Road. Mayor Russo reported that Mr. Vavrus desired an agricultural designation for his land. Commissioner Marcus encouraged the City to communicate directly with the Treasure Coast Regional Planning Council and the Department of Community Affairs since they would make the decision whether to include the Mecca and Vavrus lands into the environmentally sensitive lands program. Commissioner Marcus commented on the possibility of co- staffing the fire station on Alternate AIA if that became feasible. Commissioner Marcus announced a possible joint meeting with the City, Jupiter, and WCI Properties. Mayor Russo thanked Commissioner Marcus for her work toward getting the new Juno Pier. Construction Manager Report The City Council requested that in the future they be provided with a written copy of the Construction Manager's report. The Construction Manager for the Municipal Complex project noted that the claim filed by Suffolk was for delays resulting from numerous errors in the drawings created by the architect. Negotiations had greatly reduced the claim and conclusion satisfactory to both parties was anticipated. The Construction Manager discussed the solutions for dimensional problems resulting from the architectural errors. The City Attorney advised that proper legal participation and protocols were being followed in this matter. The Construction Manager estimated the project to be 75 days behind schedule. Completion date, change orders, and phasing were reviewed. The Mayor requested a time schedule for the project. The Construction Manager reported he believed the contractor was making his best efforts to catch up. ITEMS BY MAYOR AND CITY COUNCIL Vice Mayor Furtado Vice Mayor Furtado requested establishment of a basic list of volunteer groups to help residents relocate in the event of another flood, as well as a contingency fund possibly created from grant money. The Vice Mayor reported the next task of the Parks and Recreation Board would be to bring ideas to the City Council CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 3 regarding the parcel of land near Gardens Mall. Vice Mayor Furtado requested that the lights now in storage be installed at the Lake Catherine Ball Field. Councilman Sabatello Councilman Sabatello reported staff and the Code Enforcement Board were doing a great job. Councilman Sabatello explained there was an opening on the Planning and Zoning Commission and that the Commission was improving with each petition. Councilman Sabatello reported meeting with the interior designer for the municipal complex and that a base plan would be used. Councilman Sabatello noted the loss of key personnel in the Growth Management Department and recommended hiring the best people available. The City Manager advised that funds had been identified for that purpose as well as for contracting outside help. Mayor Russo requested a workshop meeting to discuss staffing, impact fees, application fees, concurrency, and zoning in progress. Priorities for the City were discussed. Councilman Clark Councilman Clark reported the Beautification and Environmental Committee was working on the City sign and that there was a vacancy on the committee. Councilman Clark explained that the sign site at the City Centre project was being reconsidered because of the number of buildings, and the site might be relocated closer to the Hibiscus Restaurant on PGA Boulevard where the sign could be more visible. Mayor Russo Mayor Russo reported he had attended a meeting of the Economic Advisory Group , which at their next meeting would be unveiling new projects. The Mayor recommended an economic advisory group for the City and the north county area. Mayor Russo expressed concern over the murder of a child in Riviera Beach where the incident had started at a Palm Beach Gardens school; and recommended looking at ways for cities to allow children to attend school in their own cities. The City Manager reported programs were being established in the schools to cope with violence, diversity training, etc., in connection with the D.A.R.E. program. Vice Mayor Furtado reported she had been contacted to serve on a special SAC to look at alternatives to what was currently being done in education. Mayor Russo expressed concern with City schools that were over capacity and the number of new homes planned to be built over the next few years. CITY COUNCIL SPECIAL REGULAR MEETING, 214199 4 COMMENTS FROM THE PUBLIC Chuck Jones Chuck Jones, South Palm Drive near Idlewild Road, requested development be slowed down. Mayor Russo responded that the City could not deny landowners the right to develop so long as they met the required criteria, and that the City would not approve anything that would affect the drainage on South Palm Drive. Siro DeGasperis Mr. Degasperis thanked the City Council for attending the PGA National POA annual meeting. Mr. Degasperis stated he was representing the PGA National POA and recommended getting The Commons project started. Mr. Degasperis explained the landscaping problems for the assisted living portion of Devonshire. Discussion ensued. Mr. Degasperis commented the PGA National POA had supported the Golf Digest project; however, were concerned that widening of PGA Boulevard would become a hazard and noise problem because the additional lanes as planned for the south would come within 15 feet of existing homes. Mr. Degasperis requested the extra lanes be widened to the north. Discussion ensued regarding correcting the problem and not allowing projects to be pushed through too fast in the future. CONSENT AGENDA Vice Mayor Furtado moved approval of the Consent Agenda. The motion was seconded by Councilman Clark and carried by unanimous 4 -0 vote. The following item was listed on the Consent Agenda: Approval of Minutes from 1/14/99 City Council Workshop Meeting. PUBLIC HEARINGS Ordinance 26, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 1/20/99, and held on the intent of Ordinance 26, 1998 - Amending Ordinance 15, 1997, Which Approved a PUD/Landscape Plan for City Centre, Formerly Known as Oakbrook Center, Generally Located at the Southeast Corner of PGA Boulevard and Ellison Wilson Road, by Approving a Waiver to Section 118 - 280(g)(14), Entitled "Building Design Guidelines ", "Underground Utilities" and by Amending the Landscape Plan, for consideration of second reading and adoption. Both star and petitioner requested this public hearing be continued. Councilman Clark made a motion to continue the Public Hearing for Ordinance 26, 1998 to the February 18, 1999 meeting. Vice Mayor CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 5 Furtado seconded the motion, which carried by unanimous 3 -0 vote. Councilman Sabatello had stepped out of the room. Ordinance 5, 1999 Mayor Russo declared the Public Hearing open, which was duly advertised 1/20/99, and held on the intent of Ordinance 5, 1999 -- Providing for Approval of the Application of High Field, Ltd., for Rezoning of 7.26 -Acres of Land Located Approximately 500 Feet to the East of the Intersection of Prosperity Farms Road and Idlewild Road, on the South Side of Idlewild Road to a Planned Unit Development - Residential, in Order to Construct 63 Townhomes , for consideration of second reading and adoption. Principal Planner Kim Glas Castro reviewed what had been done since the last meeting. Henry Skokowski spoke on behalf of the petitioner, and requested the following changes to the proposed conditions. To change from prior to construction plan approval to prior to issuance of the first building permit, the applicant shall provide approved permits ... etc. To add or comparable construction barricade to the condition requiring a wall to protect residents from construction activities. To delete the condition requiring a cross parking agreement, since the adjacent neighbor would not agree to cross parking. The City Council requested addition of language to the condition regarding the wall that the wall be subject to staff approval. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve the amendment to Ordinance 5, 1999. Vice Mayor Furtado seconded the motion. Councilman Clark changed his motion to state that Ordinance 5, 1999 be placed on Second Reading by title only and approved with the following changes to the conditions in Section 3: in paragraph 2 of Section 3 change the words in the first line from construction plan approval to issuance of the first building permit; in paragraph 12 of Section 3 after the words the northerly perimeter wall, insert the words or comparable construction barricades acceptable to the City; delete paragraph 16; and re- number paragraph 17. Vice Mayor Furtado seconded the motion. which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 5, 1999 on Second Reading and Final reading by title only. RESOLUTIONS: Resolution 8, 1999 Councilman Clark made a motion to approve Resolution 8, 1999 - Consideration of Appointment of One Member to the General Pension Board, with the name Daniel Hackman inserted into the blank. Vice Mayor Furtado seconded the motion, which carried by CITY COUNCIL SPECIAL REGULAR MEETING, 214199 6 unanimous 4 -0 vote. Resolution 9, 1999 Vice Mayor Furtado made a motion to approve Resolution 9, 1999 - Consideration of Appointment of One Member to the Police Pension Board, with the name Michael Sutton inserted into the blank. Councilman Clark seconded the motion, which carried by unanimous 4 -0 vote. Resolution 12, 1999 Consideration of approval of Resolution 9, 1999 - Consideration of Approval of Lot 3, South Park Building Signs (Icon and Landis) was postponed. Resolution 13, 1999 Councilman Clark made a motion to approve Resolution 13, 1999 - Consideration of Approval of Hampton Inn Art. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES: Ordinance 3, 1999 Vice Mayor Furtado made a motion to approve Ordinance 3, 1999 upon First Reading by title only - Providing for Amendment of Chapter 2, Division 4 of the Code of Ordinances Entitled, "Planning & Zoning Commission ". Councilman Clark seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 3, 1999 on First Reading by title only. Ordinance 10, 1999 Growth Management Director Roxanne Manning presented the request for site plan approval of Phase II of the Village Square Professional Park. Henry Skokowski spoke on behalf of the petitioner. The Landscape Architect for the project reviewed the landscape plan. Mayor Russo was not in favor of the site plan. Councilman Sabatello expressed concern with the landscaping. The petitioner expressed their intent to make changes before the next meeting. Councilman Clark made a motion to approve Ordinance 10, 1999 ,upon First Reading by title only - Approving Phase II of the Village Square Professional Park Site Plan. Vice Mayor Furtado seconded the motion, which carried by 3 -1 vote, with Mayor Russo voting against the motion. The City Clerk read Ordinance 3, 1999 on First Reading by title only. ITEMS FOR DISCUSSION Rezoning Request - CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 7 Channing Corporation Principal Planner Kim Glas Castro reviewed the staff report for proposed permitted uses for the following applications: (1) Application of Channing Corporation XXX for Rezoning of 7.3- Acres of Land Located on the South Side of PGA Boulevard, Immediately East of its Intersection with Avenue of the PGA to a Planned Unit Development, in Order to Construct 31 Townhomes, 14,212 Square Feet of General Office, 5,267 Square Feet of Medical Office, 10,667 Square Feet of General Retail, 5,900 Square Feet of Indoor Restaurant and 2,260 Square Feet of Outdoor Restaurant Use. (2) Application of Channing Corporation XXX for Rezoning of 8.997 -Acres of Land Located on the South Side of PGA Boulevard, Immediately West of its Intersection with Hickory Drive to a Planned Unit Development, in Order to Construct 17 Townhomes, 6,606 Square Feet of General Office, 7,150 Square Feet of Medical Office, 102,654 Square Feet of General Retail, 3,300 Square Feet of Indoor Restaurant and 1,675 Square Feet of Outdoor Restaurant Use with 8 Apartments Located Above the Commercial Uses. (3) Application of Channing Corporation XXX for Rezoning of 12.266 -Acres of Land Located on the South Side of PGA Boulevard, East of its Intersection with Hickory Drive, in Order to Construct 21 Townhomes, 22,609 Square Feet of General Office, 5,420 Square Feet of Medical Office, 32,861 Square Feet of General Retail, 8,200 Square Feet of Indoor Restaurant and 3,360 Square Feet of Outdoor Restaurant Use with 32 Apartments Located Above the Commercial Uses. The City Council indicated agreement with the permitted uses as listed. Attorney for Channing Corporation XXX, Steve Mathison, reviewed the conditions in Ordinance 7 which pertained to the agreement with Tamberlane Condominium and indicated petitioner preferred they not be a part of the ordinance. Attorney Mathison explained that the petitioner would agree to the City Council's decision regarding outdoor displays. Attorney Mathison commented the petitioner had committed to pay for a traffic light at Shady Lakes Drive and requested City support and the ability to seek 3rd party reimbursement from the future developer of adjacent property. Discussion ensued regarding limitations which might be applied to fitness centers. CITY ATTORNEY REPORT City Attorney Carol Post reported a written opinion had been given to the City Manager that it was legal to institute a juvenile curfew. The City Attorney reported an opinion also had been submitted regarding deannexation. CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 8 CITY MANAGER City Manager Herakovich reported that comments from the Police Chief regarding a juvenile curfew had been received and also that staff had checked the address of Michael Sutton, who had been approved earlier in the meeting as a member of the Police Pension Board, and found that he did not live in the City. Therefore, Resolution 9, 1999 was reconsidered. Resolution 9, 1999 Councilman Clark made a motion to reconsider Resolution 9, 1999 - Consideration of Appointment of One Member to the Police Pension Board and that Resolution 9, 1999 be approved with the name Ken Altmann inserted into the blank. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. CITY COUNCIL SPECIAL REGULAR MEETING, 2/4/99 9 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilman Sabatello, carried 4 -0, the meeting was adjourned at 11:10 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK RESOLUTION 21, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF OAKBROOKE CORPORATE CENTRE; AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Plat of Oakbrook Corporate Centre; WHEREAS, the City Engineer has determined that the proposed plat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The plat of Oakbrook Corporate Centre, consisting of three (3) sheets dated February,1998, prepared by Messler & Associates, attached hereto as Exhibit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST LINDA V. KOSIER, CMC DAY OF FEBRUARY, 1999. JOSEPH R. RUSSO,MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY RESOLUTION 21, 1999 PAGE 2 OF 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO 01/13/1994 09:36 4077751014 PBG PLANNING ZONING PAGE 02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 18. .1999 Subject/Agenda Item: Public Hearing/ Final Adoption: Petition MISC- 88 -13, Urban Design Studio, agent for P.G. Partners, is requesting a waiver from the PGA Boulevard corridor overlay Section 118 -280 (g) (14), entitled "Building design guidelines" "Underground utilities ", and a modification to the approved City Centre landscape plan. (4- 42S -43E) Recommendation /Motion: Staff recommends aRl2roval of Ordinance 26, 1998, and the amendments to Ordinance 26, 1998, for (1) the waiver request, and (2) modification to the landscape plan. Reviewed by: f originating Dept.: Costs: S_0__ Council Action: �� ( Total City Attorney G ,N [ ] Approved Growth na ement Finance $ 0„_ (] Approved wioond wn. ACM Current FY BACKGROUND: Location. Zonino and Land Use Urban Design Studio, agent for P.G. Partners, is requesting a waiver from the PGA Boulevard corridor overlay, Section 118 -280 (g) (14). The waiver would allow over -head Florida Power and Light Company (FP &L) utility lines within the City Centre Planned Unit Development (PUD), formerly known as Oakbrook Center PUD. The approved landscape plan for the City Centre has been revised along the Ellison Wilson Road buffer within Phase I and abutting Phase 3 to be consistent with FP &L standards. The original Oakbrook Center Planned Unit Development (PUD) was approved by ( ) Denied Human Red. NIA Funding ource: g [ ]Continued to•,,, , Advertised: Other NIA Date: ( I Operating Attachments: Paper [ ] Other N/A Ordinance 15, 1997 I x ] Not Required Ordinance 28, 1998 w Submitted by; / Affected panties Budget Acct. #: Map: Approved and Department Director ( ] Notified proposed Landscape plans & Elevation plans (] None Approved by: City Manager ( x ] Not required BACKGROUND: Location. Zonino and Land Use Urban Design Studio, agent for P.G. Partners, is requesting a waiver from the PGA Boulevard corridor overlay, Section 118 -280 (g) (14). The waiver would allow over -head Florida Power and Light Company (FP &L) utility lines within the City Centre Planned Unit Development (PUD), formerly known as Oakbrook Center PUD. The approved landscape plan for the City Centre has been revised along the Ellison Wilson Road buffer within Phase I and abutting Phase 3 to be consistent with FP &L standards. The original Oakbrook Center Planned Unit Development (PUD) was approved by Mayor and City Council MISC -98 -13 Page 2 Ordinance 25, 1986, and the Flame Building PUD was approved ,on December 4, 1986 by Ordinance 25, 1986. On April 17, 1997, these projects were amended by Ordinance 15, 1997 to allow for 228,790 square feet of office, retail, bank, and restaurant space. The project also became known as the City Centre PUD with this approval. Throughout the above - mentioned approvals, Ellison Wilson Road improvements were required to provide new turn lanes into the project and onto PGA Boulevard. The Ellison Wilson Road improvements apparently triggered the relocation of the existing FP &L lines, which were once within the Ellison Wilson Road right -of -way adjacent to the City Centre PUD. The applicant has already relocated these powerlines to roughly the center of the 15' wide Ellison Wilson Road landscape buffer. The applicant states that due to conflicts with other utilities, the lines were placed in the buffer. The powerlines are totally within Phase 1, and adjacent to Phase 3 and 4. Phase 1, Al, 2 and 3 are under construction presently. Section 118 -280 (g) (14) states " all new, reconstructed, and/or relocated utilities within the PGA Boulevard corridor, including but not limited to electric, telephone and televison cable, shall be placed underground." Because they were relocated, these lines are subject to this provision. Additionally, the new over -head utility lines are presently in conflict with the approved landscape plans. The approved City Centre east and south elevations used during the initial review process show the proposed landscaping s relationship with the proposed buildings along Ellison Wilson, but no representation of powerlines are indicated. Please Note: The applicant has submitted Petition PUD 98 - 07, which is an- amendment to the PUD, specifically to change the site plan approved for Parcel F (Phase 4), and the Phasing Plan. This petition will be reviewed by the Planning and Zoning Commission and City Council. This petition involves the lowering of the eleven story building to six stories, modifications to the parking garage, and the widening of the landscape buffer to accommodate landscaping and the FP &L over -head powerlines adjacent to Phase 4 only. City Forester Mark Hendrickson states the originally approved Oak trees and Washingtonia Palms are being replaced by Silver Buttonwood trees and Dwarf Date Palms. The proposed species are satisfactory species for under powerlines. At the January 7, 1998 regular City Council meeting, the petitioner proposed a compromise that was incorporated into Ordinance 26, 1998 as approved on First Reading by Title Only.. Briefly, it involved removing the powerlines on PGA Boulevard rather than Ellison Wilson Road, removal of the signal pole located at PGA Boulevard and Ellison Wilson Road and some landscape improvements. The conditions before you have been agreed to by City staff and the applicant. ORDINANCE 15, 1997 April 17, 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF THE OAKBROOK CENTER PLANNED UNIT DEVFT- OPMENT AND THE FLAME BUTT,T)ING PLANNED UNIT DEVELOPMENT FOR SITE PLAN APPROVAL OF OFFICE, RETATT , BANK, AND RESTAURANT SPACE; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm_ Beach Gardens has received an application to amend the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development, located at the southwest corner of PGA Boulevard. and U.S. Highway One, to seek site plan approval for 228,790 square feet of office, retail, bank, and restaurant space, and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that the application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the amendment to the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development, located at the southwest corner of PGA Boulevard and U.S. Highway One, for site plan approval for 228,790 square feet of office, retail, bank, and restaurant space. The project shall henceforth be known as the City Centre Planned Unit Development. SEMON 2. Approval of the amendment is approved based on compliance with the following conditions of approval; 1. If the Sausage. treee or Ficus tree dies, the tree(s) shall be replaced with another specimen tree. The type of tree shall be determined by the property owner and the City Forester. 2. Stop signs, stop bars and right turn only signq shall be added to the Civil Construction Plans as needed prior to the issuance of the first building permit. 3. Construction --.ac first phase of Ellison Wilson Road improvements required for th ;� project shalt be complete prior to the issuance of the next building Certificate of Occupancy for the project. The balance of Ellison Wilson Road improvements required for this project shall be completed when access to the project is constructed in the southwest comer of the property. 4. Within the first six months after approval of this Development Order, the applicant shall apply for and diligently seek to obtain a permit from the Department of Transportation (DOT) for a median opening on U.S. Ifighway_One in accordance with the DOT Access Management Master Plan dated April S, 1996 by William A. Lewis, Jr. P.E., District Traffic Operations Engineer (a copy of which is attached as Exhibit "A'% for constructing the new median opening on U.S. Highway One as referenced in the Access Management Master Plan for Oakbrook Drive (proposed), and for the purpose of serving the proposed interconnecting road between U.S. Highway One and Ellison Wilson Road. The new median opening and two lanes of the proposed interconnecting along the south boundary of the property between U.S. Highway One and Ellison Wilson Road sl?a_11_ be constructed prior to the earlier of (1) the closing of the existing U.S. Highway One directional median opening serving the project; or (2) issuance of a Certificate of Occupancy for Building F. Approval of the DOT permit and approval of the plans for the median opening and roadway construction must be accomplished prior to the issuance of the permit for Building F. Notwithstanding the foregoing, if the DOT Construction Permit for the new median opening cannot be obtained, the petitioner may proceed with construction of Building F as long as the petitioner agrees to provide access, ingress and egress to the adjacent property owners to the south and/or east, with the understanding and provision that the petitioner is granted equivalent reciprocal access, ingress and egress rights across the property to the east and/or south for the petitioners equal use of the interconnecting roadway. S. A final plat for this project shall be approved by City Council and recorded in the public records of Palm Beach County prior to the issuance of any Certificate of Occupancy for any buildings. Staff approval of a preliminary plat conforming to the City's LDR:s and fully executed, with the exception of the existing land owners' interests, shall be submitted and approved by staff prior to issuing any permits for additional horizontal or vertical construction. To assure that construction is in accordance with approved civil construction plans and specifications and meets the requirements for the remaining signatories to execute the plat, the applicant shall post surety acceptable to the City for the construction of internal roadways and related site improvements, and for the parking improvements for Parcel "A1" and Parcel "B." In addition, any public improvements and landscape requirements will be subject to appropriate surety, which will be processed and released in accordance with standard procedures set forth in the City's Codes and Ordinances. Ordinance 15, 1997 Page 2 b. The new construction shall be designed such that the overall P.U.D. meets the City's criteria for level of service and performance standards as it relates to storm water run- off and a surface water management system. This requirement includes obtaining the necessary approvals for a positive outfall before any permits are issued for the next building or civil site construction. 7. The petitioner shall post a letter of credit ( "L.C.") or other surety bond ("bond') acceptable to the City in the total amount of S 125,000 which sum will represent the petitioner's contribution toward the six -lane improvement on PGA Boulevard between U.S. 1 and Ellison Wilson Road. The L.C. or bond will be posted'in percentage increments upon issuance of building permits with the percentage based on the ratio of square footage of the phase being constructed to the total new construction of 19-3,000 square feet. For example, if the construction sequence is Parcel D, then Parcel E, and finally Parcel F, the initial amount of the L.C. or bond to be posted is $18,443 due prior to the issuance of the building permit for the building located on Parcel D. The. L.C. or bond amount would be increased to $32,787 prior to the issuance of the building permit for the building located on Parcel E and would be further increased to the total amount of $125,000 prior to the issuance of the building permit for the building located on Parcel F. The terms of the L.C. or bond shall allow the City to call an amount equal to 14.5% of the L.C. or bond amount posted at any given time upon the City's receipt of evidence that the Florida Department of Transportation (DOT) has executed a contract with an en¢ineering firm for the design of the referenced improvement. The remaining balance of the L.C. or bond as may exist from time to time may be called by the City upon the City's receipt of evidence that the DOT has executed a contract for the construction of the referenced improvement. The L.C. or bond will expire on the date which is one year from the date that the certificate of occupancy is issued for the last building to be constructed. The'City will not be entitled to make any calls on the L.C. or bond on or after that date. 8. The median on PGA Boulevard between U.S.1 and Ellison Wilson Road shall have a Bominitez;ype treatment prior to the Certificate of Occupancy of the first building, subject to Florida Department of 1-transportation approval. 9. There shall be two royal palms planted along the U.S. 1 entry drive, prior to the Certificate of Occupancy of the first building. 10. The property owner shall maintain all right -of -way landscaping, subject to Florida Department of Transportation approval. 11. The petitioner shall make provisions at the southwest corner of PGA Boulevard and U.S. Highway One for a location to place a "Welcome to the City of Palm Beach Gardens" sign. The sign location and design to be approved by the applicant and the City and the sign's size and character to be integrated into the project's sign program- Ordinance 15, 1997 Page 3 12. After each 1' c1building Certificate of Occupane, _s complete, the Landscape Architect of kccord shall certify to the City in writing that the landscaping has been installed per the approved landscape plan. 13. The site plan shall Limited to 181,390 square feet of office space (which includes up to 8,000 square feet of non - drive -thru bank space in Building F), 35,000 square feet of retail space, 3,300 square feet of drive -in bank use, and 9,100 square feet of restaurant space. 14. All the applicant's and petitioner's obligations set forth in the foregoing conditions, financial or otherwise, shall be fiutfilled by petitioner, PG Partners and its successors or assigns. 15. Applicant shall return with a complete sign package for City Council approval within 30 days of the adoption of this Ordinance. SECTIO N 3. Construction of said Planned Unit Development shall be in accordance with the following plans on file with the City's Planning and Zoning Department: 1. March 10, 1997 Master Plan by Oliver Glidden and Partners. Page SP -1. 2. March 10, 1997 Site Sections Plan by Oliver Glidden and Partners. Page SP -2 3. March 10, 1997 Master Plan Phasing Plan by Oliver Glidden and Partners. Sheet SPPH. 4. July 3, 1996 Parcel D Floor Plan and Elevations by Oliver Glidden and Partners. Sheet D.I. 5. March 10, 1997 Parcel E Floor Plan and Elevations by Oliver Glidden and Partners. Sheet E.1. 6. July 3, 1996 Parcel F Parking Garage Plans and Elevations by Oliver Glidden and Partners. Sheet F.1. 7. June 3, 1996 Office Building Floor Plans by Oliver Glidden and Partners. Sheet F.2. S. June 4, 1996 Parcel F Elevations by Oliver and Glidden and Partners. Sheet F.3. 9. July 3, 1996 PGA Boulevard Streetscape Elevation by Oliver Glidden and Partners. Sheet ELI. 10. July 3,1996 Ellison Wilson Road Streetscape Elevation by Oliver Glidden and Partners. Sheet EL2. 11. October 9, 1996 South Roadway Streetscape Elevation by Oliver Glidden and Partners. Sheet EL3. 12. March 11, 1997 and July 3, 1996 Landscape Plan by Urban Design Studio. Sheets L -1, L-2, and L -3. 13. July 1996 Preliminary Site Drainage Plan by Messler and Associates. Sheet C -1. 14. December 23, 1996 U.S. 1 Planting Plan by Oliver Glidden and Partners. Sheet 1. SECTION 4. This Ordinance shall be effective upon adoption. Ordinance 15, 1997 Page 4 PLACED ON FIRST RFA: s TMS,:9 OF PLACED ON SECOND READING DAY OF L PASSED AND O S DAY OF 1997. MAY(SKJOSEPH R. RUSSO CO - f mss. (1 �.r- •,.�.. G � �--- • �� VICE MAYOR LAUREN FURT ADO CO ERIC ATTEST: r LINDA V. KOSTRR, CMC, CITY CT-FRK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCH MAN CLARK 1997. 1997. A MONROE TN' - - - -- - --- KCII, MBER DAVID CLARK APPROVED AS TO U GAL FORM AND SUFFICIENCY CITY ATTORNEY &U NAY AMENT Ordinance 15, 1997 Page 5 ' 7.� V c 1 116 (77� t nt L I -.000 �,Z.jr O IT 70 0 rn -.4 B S 9RI F pf 13 R E3 i R El S , .11 �n E l RBI 1`03 R- 0 R Ell 0 E3 M E3 E3 I x ar� rn • ' O . :'�x'��{I i• . Mrs,',,: j��•.�.�•�':4 t3t D o, 7w-mp7 ��TJJ •r' .1, 4. .�rt�ioo'' • ! IO j v 7w-mp7 ��TJJ •r' .1, 4. .�rt�ioo'' • ! IO O IN I� is Lij uj cc O IN I� O1 a m I , 7it. . o.c .... "..o-,.c._.. -. .'+_ :.:.; n .•:`rlaC...c?�'iu,....N.Gi.1+_. �:r�+..,.; _ ... ..._.._ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 18, 1999 Date Prepared: January 29, 1999 SUBJECT /AGENDA ITEM: Second reading / public hearing of Ordinance 6, 1999: Palm Beach Community College Performing Arts Centre Amendment (including Edu -Care facility). RECOMMENDATION /MOTION: Staff recommends that Ordinance 6, 1999 be approved with 4 conditions. Reviewed by: Originating Dept.: Costs: Total Council Action: City Attorney Growth Manremept [ ] Finance A $ Current FY [ ] Approved w/ conditions ACM Human Res. NA [ ] Denied Other NA Funding Source: [ ]Continued to: Advertised: Attachments: Date: [ ] Operating Paper. [ ] Other - Ordinance 6,1999 - Comments from City Engineer - Comments from City Forester - Comments from Police Department -TABLE 1 ib Existing Land Use & Zoning and Site Analysis - Location Map, Site Plan, [ ] Not Required and Elevations Submitted byprn—e Growth Mana ED lrAffec ted parties [ ] Notifted Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required REQUEST: A request by MPA Architects, Inc., agent for Palm Beach Community College, for approval of an amendment to a planned unit development (PUD), that permits the incorporation of 6.47 acres into the previously approved PUD (for a total of 14.6 acres). The proposed project will contain an existing theatre building with an expansion, a media - technology training facility, a central chiller area, and an edu -care facility that is designed to be a center for teaching day -care skills to students enrolled at Palm Beach Community College. The proposed project is located at the northwest corner of Campus Drive and RCA Boulevard, just south of Fairchild Avenue. BACKGROUND: The Palm Beach Community College Performing Arts Theatre (approved as a PUD by Ordinance 6, 1992) is an 8.14 -acre tract of land located on the southwest corner of Campus Drive and Fairchild Avenue, and currently houses the Eissey Theatre, a 26,890 square -foot performing arts center. To the north of the site is the Palm Beach Gardens Branch of the Palm Beach County Library System. To the east of the site is the Eissey Campus of Palm Beach Community College, and some undeveloped land owned by the City of Palm Beach Gardens; this area is zoned Planned Development Area (PDA). To the west of the site is Monet Gardens, a single family residential community that is currently in Unincorporated Palm Beach County. To the south of the previously approved PUD is a 6.47 -acre site that was formerly a YMCA, is owned by Palm Beach Community College, and is zoned as a Planned Development Area (PDA). This 6.47 -acre site is bound to the south by RCA Boulevard and a multi - family residential community (zoned Residential Medium - RM), to the west by Monet Gardens residential community (in Unincorporated Palm Beach County), and to the .east by the City of Palm Beach Gardens Fire /Rescue Facility (zoned Public/Institutional - P /1). The proposed amendment to the previously approved PUD will permit the inclusion of the 6.47 acres into the approved PUD, and approve the site plan for the edu -care facility. The former YMCA will be replaced by an edu -care facility that is designed to teach Palm Beach Community College students the skills needed in the operation of a day -care facility. Palm Beach Community College intends to Master Plan the remaining acreage on the previously approved PUD, and the former YMCA site, as educational facilities of varying types in the phases listed on the following page. N PHASING PLAN 1 }. ^iii }::: }: :?}}:•}}:?? 4:•:•%?: S}}' v}}:•}:{? •i };:. }•. }•. }}}::•i:4i'n......$ :•$:S : {..::::::::::•::::::::::::::::::w }.:... {:::+ •;• ... Already Fee ..'xau .: d Eisse �;�ste:;O::Faxme::;:<> :F. :$:<:: &. •. $ldcFacili �;( M ...........:......:..:...... ..........:...::............:.. ...................... ............................... .;x +. r •... fiF• It a:: ? > }:;. }: :'. }: ? ? ?•: { .4' .. f ?.:: }v� ?Ky:• }:rtiJ};^ ^ii4 + F. F, r:?•�i •'. f+:. ... v: PROJECT DETAILS: The applicant's request is for an expansion of the overall site, and for site plan approval for the proposed edu -care facility. The applicant shall seek site plan approval with future applications /proposals, for the expansion of the theatre building and the central chiller area (phase 3), and the media - technology training facility (phase 4). Therefore, these project details refer to the proposed edu -care facility. The proposed edu -care facility will be used to service the pre- kindergarten aged children of the college's faculty, staff, and enrolled students. No customers outside of this scope are projected because the existing day -care teaching facility at the Community College's Central campus in Lake Worth currently'has a long waiting list from a similar in -house base. However, the Community College does not rule out the possibility that some of the users in the future may come from the general public. The proposed edu -care facility is a 12,000 square -foot, one -story. building. The facility is L- shaped, which aids to the screening of the required outdoor play area to the northwest of the building. The main entry feature is located at the intersection of the "L ", and faces the intersection of Campus Drive and RCA Boulevard. A covered porte- cochere extends from the main entry to assist people at the circular vehicular drop -off and pick -up area in front of the building. Double- Loaded parking isles extend out from the circular drive to the south and east of the building. Site Access Vehicular access to the edu -care facility is proposed from the south, and consists of a new driveway connected to RCA Boulevard approximately 325 feet from the center of the intersection with Campus Drive to the east. The proposed' Phase II development will include 32 parking spaces, 2 of which are handicap accessible. No interior paved connection to the north with the Eissey Theater will be made in Phase ll. 3 Dum_ ster The proposed dumpster enclosure for the edu -care facility will be located to the northeast of the building along the east parking area. No loading zones are being proposed. Signage „& Walkways No site signage is being proposed at this time, but the main entry will have a cast metal letter identification sign mounted on the wall of the building. The existing sidewalk along the north side of RCA Boulevard will remain. Landscaping Although an existing vegetated buffer exists along the west property line adjacent to the residential area, landscaping will be added to intensify this buffer, especially along the west side of the outdoor play area. Some existing trees along the east property line, adjacent to the parking area, will be preserved. A variety of native trees, shrubs, and ground covers will be utilized throughout the interior of the site. Prainoge The existing lake wet retention area to the south of the Eissey Theater will be expanded in the Phase II construction stage to accommodate all future development as indicated on the Master Plan. The outfall for the lake will be redirected to the south, into the drainage system along RCA Boulevard, to relieve the capacity of the drainage system to the north along PGA Boulevard. Utilities The current on -site water and sewer utilities will be expanded to accommodate all current and future phases. A stub -out for a sewer connection will extend to the east to connect with the Fire - Rescue Facility that is currently on a septic tank system. Traffic Concurrency The applicant is offsetting any traffic impacts by reducing the amount of square footage in the previously approved PUD by the same amount as is being shown for the area proposed to be included in the PUD. The applicant has also stated that their traffic report concludes that the impact on existing roads and thoroughfares will be minimal because the majority of traffic flow to and from the site will be internal to the Palm Beach Community College Campus. CONCERNS RAISED BY NEIGHBORING RESIDENTS: A public hearing was conducted at the December 8, 1998 Planning and Zoning Commission meeting. At this hearing, several residents voiced their concerns regarding the proposed project. All of these residents live immediately to the west of the. Community College site. Their concerns are: 4 I . The landscaping and fence along the western boundary of the site have not been maintained by the College in the past. How will the College address this shortcoming? crThis concern has been addressed in the conditions of approval. 2. What type of noise will be produced from the site (the chiller area in particular)? czThe mechanical equipment shall be kept in its own building, which should eliminate any problems concerning noise. 3. How will the threat of flooding be addressed, especially since there has been a change in the drainage pattern? o'This concern has been addressed by the City Engineer in the Drainage section of this report. 4. How will the lighting be designed so that it does not encroach upon their homes? zwThe applicant has stated that the lighting shall be positioned in such a way as not to cause problems for the neighboring residents, meaning that lights from the site will not shine into residents' windows. CITY STAFF REVIEW: Building Pivisipn Building Official Jack Hanson has reviewed the plans and has indicated that he has no concerns regarding the project at this time. Mr. Hanson also stated that the proposed building signs are in compliance with the City Code. Citv Enaineeljng Assistant City Engineer Tammy Jacobs has reviewed the plans for this project. Ms. Jacobs' comments are attached to this report. $eacoast Seacoast Utility Authority has stated that they have no concerns, at this time, regarding this project. Fire Assistant Chief / Fire Marshall Scott Fetterman has no concerns regarding this project. Police Officer Jay Spencer has reviewed the plans and submitted a matrix detailing his concerns (see attachment). 5 City Forester City Forester Mark Hendrickson has reviewed the plans and responded with several comments. His comments are attached to this report. Plannina & Zonina Division The Planning and Zoning Division reviewed the revised plans for the proposed project and made the following comments: 1. Prior to review by the City Council, a revised master plan of the entire college site shall be submitted to the Planning and Zoning Division, which shows where the square footage will be „eliminated from the existing site to offset the proposed project. SATISFIED 12/21/98 2. Prior to review by the City Council, the applicant shall submit a revised copy of the traffic statement that lists the appropriate total square footage for the proposed project (56,050 square feet). SATISFIED 12/21/98 3. Prior to review by the City Council, the applicant shall acquire a standard permit from the Northern Palm Beach County Improvement District (or a letter from said agency stating that the standard permit is not required). A copy of the permit or letter shall be submitted to the City's Planning and Zoning Division. CONDITIONALLY SATISFIED WITH COPY OF APPLICATION FOR PERMIT 12121/98 PLANNING AND ZONING COMMISSION REVIEW: At its November 10, 1998 and November 24, 1998 meetings, the Planning and Zoning Commission reviewed this petition as a workshop. The Commission had the following comments and concerns: 1. The roof color needs to be more subdued (not as bright). 2. The dead -end in the parking area to the south of the Edu -Care building needs to be eliminated. 3. The mechanical equipment (including screening) needs to be shown on the plans. 4. A landscaped berm needs to be shown on the plans between the proposed site and RCA Boulevard. 5. A color elevation of the site from RCA Boulevard, showing the landscaping, needs to be provided. 6. More intensive landscaping needs to be shown on the plans throughout the proposed site. The applicant addressed these issues in a subsequent submittal. G PLANNING & ZONING COMMISSION RECOMMENDATION (monitoring entity): This petition was heard by the Planning and Zoning Commission on December 8, 1998 as a recommendation to City Council. With a 7 - 0 vote, the Commission recommended APPROVAL of petition PUD- 98 -08, a request for approval of a planned unit development (PUD) amendment for the expansion of a site, and approval of a site plan for an edu -care facility on the 14.6 -acre site, with the following conditions: 1. Prior to final approval by City Council, the applicant shall acquire a standard permit from the Northern Palm Beach County Improvement District (or a letter from said agency stating that the standard permit is not required). A copy of the permit or letter shall be submitted to the City's Planning and Zoning Division. (Planning & Zoning Division) 2. Prior to final approval by City Council, any and all revisions for the proposed project shall be reviewed and found to be satisfactory by the Palm Beach County Traffic Division and the City's Traffic Consultant. (City Engineer) 3. Prior to final approval by City Council, the applicant shall indicate how the storm water that has been historically accepted at the north end of the existing drainage ditch will be conveyed a distance of 330 feet to the proposed inlet. The applicant shall also relocate the shrubs proposed along the east property line so that they do not impede off -site storm water conveyance to the proposed pipe /inlet system- (City Engineer) 4. Prior to final approval by City Council, the applicant shall add one (1) additional stop sign /bar on Phase II at the egress lane of the one -way drive aisle. (City Engineer) 5. Prior to the Community College surpassing the permitted enrollment level of 5,000 students, the College shall submit a revised traffic statement to the City Planning and Zoning Division. (Planning & Zoning Division) STAFF RECOMMENDATION (monitoring entity): The Staff also recommends APPROVAL of Ordinance 6, 1999, a request for planned unit development (PUD) amendment approval of a project that would expand the previously approved site (and approve an edu -care facility), with the conditions stated by the Planning and Zoning Commission, as well as the following conditions: 7 1. Prior to final approval by City Council, the applicant shall show on the appropriate plans, the continuation of the Phase I western buffer along the western boundary of Phase II. The western buffer for Phase II shall contain a six (6) foot high chain link fence and landscaping, similar to phase I plans as depicted on condition number four (4) of Resolution 59, 1993, for the retention lake area. The six (6) foot high chain link fence shall continue past the retention area to the southwestern corner of the property. (City Forester) 2. Within sixty (60) days of the approval date of this ordinance, all exotic vegetation shall be removed from the preserve areas of Phase I (existing theater site). All exotic vegetation shall be removed from the remaining phases during construction of same. (City Forester) 3. Within thirty (30), days of the approval date of this ordinance, a landscape plan for the existing trailer shall be submitted for the City's administrative approval. (City Forester) 4. The Palm Beach Community College shall agree to allow the Landscape Architect of Record (L.A.), and the City Forester, to inspect the landscape installation for all remaining phases for adherence to the approved landscape plans. Any changes to the approved landscape plan shall be agreed to by the L.A. and the City Forester. (City Forester) CITY COUNCIL - FIRST READING At the January 21, 1999 City Council meeting, Council had a first reading for this petition. At this meeting, Council passed Ordinance 6, 1999 on first reading with the four (4) conditions listed below: 1. When the Community College reaches its permitted enrollment level of 5,000 students, the College shall submit a revised traffic statement to the City Planning and Zoning Division. (Planning & Zoning Division) 2. Within sixty (60) days of the effective date of this ordinance, all exotic vegetation shall be removed from the preserve areas of Phase I (existing theater site). All exotic vegetation shall be removed from the remaining phases during construction of same. (City Forester) 3. Within thirty (30) days of the effective date of this ordinance, a landscape plan for the existing trailer shall be submitted to the City for consideration of administrative approval. (City Forester) 4. The Palm Beach Community College shall agree to allow the Landscape Architect of Record (L.A.), and the City Forester, to inspect the landscape installation for all remaining phases for adherence to the approved landscape plans. Any changes to the approved landscape plan shall be agreed to by the L.A. and the City Forester. (City Forester) g/shorl: pudg808 =3 !I 01 ': ?:i:: ii.:;:::: : }•.{•:: }:tt:fi:; nvf.4: iiiii7L +$! 4 };•: }:....... },}: }}:......:. }F ?: n;w::•;.•:::::::::. i•::: ? }:• }:{:.;:'. ?•: ? ::' ?::::yy yrr��y��..yy�� PP /rte � ..i 4.. . ?::.:};}i: }:4 } }v ti......• }Yi•T }....... i{4 }:• } } }}:.:v;}ti.t: >Si ?'':::: $:h::::,i::;::•: >.:,: ...Lr.. r:.v:::: v. �: i }: + ?•i• } }i ::: ?•: ?:y: }.: ??.: :::.:::..:..:gin.:: •: •. }.:::.; :;::: }; },rpw•? 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Subject Property Public or Public Existing Campus & Institutional (P/1) & (P) Vacant Land Planned Development (former YMCA) Area (PDA) North I Public or Public Palm Beach County Institutional (P/1) (P) Library (PBG Branch) South Residential - Medium Residential -Low Residential (RM) (RL) (The Oaks) East Public or Public Palm Beach Institutional (P/1) (P) . 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Yes (conditionally) Planned Development Area College Education & Public or Institutional (P/I) & Training Facility Yes Min. Building Site Area: -6.47 acres (281,833.2 sqft.) 15,000 square feet + --8.14 acres (354,578.4 sqft.) 14.61 acres (636,411.6 sqft) ;i?:y ozis�st t !': Pr-0.. :osetT..P.lan:::::::::.::: ::::: Yes Min. Building Site Width: 930 feet 100 feet ' Yes 10.4% Max. Building Lot Coverage: 40% ' Yes 45 feet Max. Building Height: 45 feet Yes 117.17 feet Front Setback: 25 feet Yes 125 feet Side Setback: 15 feet Yes 80 feet Rear Setback: 15 feet Yes -48.4% Min. Open Space: 15% February 2, 1999 ORDINANCE 6,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF PALM BEACH COMMUNITY COLLEGE FOR REZONING OF 6.47-ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF CAMPUS DRIVE AND RCA BOULEVARD, JUST SOUTH OF FAIRCHILD AVENUE TO A PLANNED UNIT DEVELOPMENT IN ORDER TO CONSTRUCT A 12,000 SQUARE -FOOT EDU -CARE FACILITY, A 32,000 SQUARE - FOOT MEDIA - TECHNOLOGY TRAINING FACILITY, AND A 29300 SQUARE -FOOT CENTRAL CHILLER AREA; TO AMEND ORDINANCE 6, 1992 BY AMENDING THE SITE PLAN TO INCLUDE SAID IMPROVEMENTS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Palm Beach Community College for approval for rezoning of 6.47 acres of land located on the northwest corner of Campus Drive and RCA Boulevard, just south of Fairchild Avenue, as more particularly described in Exhibit "A" attached hereto, to a Planned Unit Development (PUD); WHEREAS, the 6.47 acres currently has a zoning designation of Planned Development Area (PDA) and a land use designation of Public (P); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the rezoning is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City approved Ordinance 6, 1992 approving a planned unit development (PUD) of 8.14 acres of real property known as the "Palm Beach Community College Theater ", more particularly described in Exhibit "B" attached hereto; WHEREAS, the City has received an application from Palm Beach Community College to amend Ordinance 6, 1992 for a 6.47 acre expansion of the previously approved 8.14 acre site, to include a 12,000 square foot edu -care facility, a 32,000 square foot media - technology training facility, and a 2,300 square foot central chiller area on the northwest corner of Campus Drive and RCA Boulevard; WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City's Growth Management Department has recommended approval of "Palm Beach Community College Performing Arts Centre Amendment (including Edu -Care facility) ". NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Palm Beach Community College for the re- zoning of 6.47 acres from Planned Development Area (PDA) to Public or Institutional (PI), as more particularly described in Exhibit "A ". SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Palm Beach Community College for an amendment to Ordinance 6, 1992 that amends the site plan to include a 12,000 Square -foot edu -care facility, a 32,000 square - foot media - technology training facility, and a 2,300 square -foot central chiller area,.as more particularly described in Exhibit `B ". SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Palm Beach Community College for an amendment to a PUD of 14.6 total acres (including 6.47 acres that are being incorporated into the previously approved PUD) located on the northwest corner of Campus Drive and RCA Boufevard, just south of Fairchild Avenue, as more particularly described in Exhibits "A" and "B" attached hereto, from Planned Development Area (PDA) to Planned Unit Development (PUD), in order to construct a 12,000 square -foot edu -care facility, a future 32,000 square -foot media - technology training facility, and a future 2,300 square -foot central chiller area, to be known as the Palm Beach Community College Performing Arts Centre. SECTION 4. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: 1. When the Community College reaches its permitted enrollment level of 5,000 students, the College shall submit a revised traffic statement to the City Planning and Zoning Division. (Planning & Zoning Division) 2. Within sixty (60) days of the effective date of this ordinance, all exotic vegetation shall be removed from the preserve areas of Phase I (existing theater site). All exotic vegetation shall be removed from the remaining phases during construction of same. (City Forester) 2 3. Within thirty (30) days of the effective date of this ordinance, a landscape plan for the existing trailer shall be submitted to the City for consideration of administrative approval. (City Forester) 4. The Palm Beach Community College shall agree to allow the Landscape Architect of Record (L.A.), and the City Forester, to inspect the landscape installation for all remaining phases for adherence to the approved landscape plans. Any changes to the approved landscape plan shall be agreed to by the L.A. and the City Forester. (City Forester) SECTION 5. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. December 21, 1998 Eissey Campus Master Plan, MPA Architects, Sheet EC -1. 2. December 1, 1998 Master Plan, MPA Architects, Sheet MPA -1. 3. December 1, 1998 Floor Plan, MPA Architects, Sheet MPA -2. 4. December 1, 1998 Exterior Elevations, MPA Architects, Sheet MPA -3. 5. December 1, 1998 Roof Plan and Dumpster Enclosure Details, MPA Architects, Sheet MPA -4. 6. December 1, 1998 Revised Site Lighting, MPA Architects., Sheet MPA -5. 7. November 30, 1998 Master Landscape Plan, Neal, Smith & Associates, Sheet ML -1. 8. November 30, 1998 Partial Planting Plans (North & South), Neal, Smith & Associates, Sheets L -1 and L -2. 9. December 1, 1998 Water & Sanitary Sewer Plan, DiFbrite & Thomas, Inc., Sheet MP -1. 10. December 21, 1998 Paving, Grading & Drainage Plan, DiFonte & Thomas, Inc., Sheet MP -2. 11. December 1, 1998 Details and General Notes, DiFonte & Thomas, Inc., Sheet MP -3. 12. May 26, 1998 Boundary & Topographic Survey, Lawson, Noble & Webb, Inc., Sheets #1 and #3. 13. August 3, 1998 Boundary & Topographic Survey, Lawson, Noble & Webb, Inc., Sheet #2. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 21 DAY OF JANUARY , 1999. PLACED ON SECOND READING THIS DAY OF '1999. PASSED AND ADOPTED THIS DAY OF '1999 MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK Im VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g1chor1:pud9808.or3 !1 COUNCILMAN CARL SABATELLO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 4 Exhibit "A" p�5 ;C��l.RTI.Uf�(�•�',YM�A :'°1'f��C1'_ r _ . _ • _: - -- •. •THE.�WEST• �65 FEET OF THE'SOUi1.PNEST'l /..4 0(`,Tl {E.$O.UlF{E 1 .1;�4.UF THE SOUTNEKST 1/4 4)P. SECT(0N' 6 J0.w(•($(..?( 42 SOU l l i, RAY E '43: aSY, PALM. BEW4 COU4Vj: FLORIU� SUB.IECT TO EASEktE�l'fS'AUt' 3 ESfRIC11nN5' OF..'RECORa. CONTAINING. 6.466.A(' RES, MORE QR .LE•SS.: Exhibit "B" EXACT G S RT `L`TON OF PROPERTY (Attach if insufficient space) UESCR PT-(0 '.TH-EATR�,'• TRACT • • W. PMT Of THE SOUT(jeI T'SZUARTER (SE .1 Ay OF Ti�E SOlJYN1rA,��C.QUMTq- ��e t/4j Qf,St~ChON 6, TOK'NSH(P'�2 ��Ot1TH.'RA�1GE 43 WT. PAl1�('8Et1CH �aRl)E.S', ` FLO 0A. -L* 14G ytrEST-*•oF YH� WFr T:RIcNT Ql' WAY'Li'NE OF CAMPUS•¢RNS,AS` 'DESMGED IK OE,FICM L RECORD 8001t'2950'AY.`P1��6 202 THROW44 2O6;T bBUL - RECOROS.(K PALM BEACH COUMY. L -SS SAID ID THE IT(GHT` OFD WAY O.F. RCA HOUL.t VAAO, tW,T CERTAIN •P- ARCEC.6F LANG QESM13EU (N •0 F(C t-. -RECORD' 1300K IO2 #.AT.PAGE';I682, THAT CERTAIN PARCEL: OF- CAND,DESCRIBED Ltd:OrrlCW: KECO(lQ' 80QK'.5331 -AT PAGE'1104 AND AL=SO: ► ES$ AH0 .EXCEP. - -HAT CERTAIN'PAftCEL QF,(Ah1U'b£SCft181 =0 �h1 0(f7ClN. RECORD E?401F 7622,; ATV�6G '1�31,5i . t CONTAINING IN R4L S.13 7 ACRES-,'MORE: OR ••LESS. •SUEIJECT:TO EASEMENTS AND RESTRICTIONS OP RECORD. ' O-ES,G-,R(.R -10N.- - YM QA: T VEt WEST. 465 FEET Or T'HE'SO'Gi(nr1EST': t/..4 OE•TH6.SOUatIE $l .1 /4 .4'F-T4E• SOUTHEAST 1 /�( ,QP.SECT(pN'6rTOW(($F. {(C' 42 $CfC(1(1, RAhfGE `43; /IST, PA(M.BEACH COUt� v-- FLORIQA SU&leCT TO EASeMEVTS'AN0 Rt!�TR(C1 t0NS' OF .'REC6RO. CONTAININQ. 6.466. ACRES, 'MORE OR ,LE•SS.. Lh LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS TO: Marty Minor FROM: Tammy Jacobs DATE: December 30, 1998 �v b+ � SUBJECT: Palm Beach Community College Educare Facility (LBFH File No 984020) We have reviewed the Paving, Grading & Drainage Plan and Details prepared by DiFonte & Thomas, Inc. received December 28, 1998. We offer the following comments: 1) Conditionally Satisfied. The applicant has submitted a revised Traffic Statement dated December 21, 1998. PBC Traffic Division and the City's Traffic Consultant will review the revised Traffic Statement and we will issue comments once their review is complete. Any additional comments as a result of the December 21, 1998 revision will need to be addressed prior to City Council approval. 2) Previously Satisfied. 3) Satisfied. The Paving, Grading & Drainage Plan has been revised to show the phasing limits of Phase II consistent with the Master Plan the radii at the RCA Boulevard entrance as 30' minimum. 4) Previously Satisfied. 5) Previously Satisfied. 6) Conditionally Satisfied. The applicant states in their response dated December 1, 1998 that they propose to fill the existing drainage ditch along the eastern property line, construct a pipe system and accept the historical off -site drainage. However, the existing drainage ditch extends 330' north of the proposed inlet. The applicant shall indicate how the storm water that has been historically accepted at the north end of the existing drainage ditch will be conveyed a distance of 330' to the proposed inlet when the ditch is. filled. In addition, the applicant is proposing shrubs along the east property line that will impede off -site storm water conveyance to the proposed pipe/inlet system. Prior to City Council approval, the applicant will need to address these drainage issues. 3550 S.W. CORPORATE PARKWAY • PALM CIT' , FLORIDA 34890 • (561) 286 -3883 • FAX: (561) 286 -3925 httpJ /wvm.tbfh.o m • e -mall: info@Ibf o m "" -' c, -At to ocArm PORT P1FRrF OKEECHOBEE Palm Beach Community College Educare Facility (LBFH File No 98 -4020) Page 2 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 10) Previously Satisfied. 11) Previously Satisfied. 12) Previously Satisfied. 13) Previously Satisfied. 14) Previously Satisfied. 15) Conditionally Satisfied. Prior to City Council approval, the applicant will need to add one additional stop sign/bar on Phase II at the egress lane of the one -way drive aisle. 16) Previously Satisfied. 17) Previously Satisfied. TJ PAPBOMEM014020kAm c: Bobbie Herakovich Roxanne Manning Memo to File From: Mark Hendrickson, City ForesterAl.W Subject: PUD- 98 -08, Palm Beach Community College Educare Facility Date: December 30, 1998 I have reviewed the landscaping submitted. December 1, 1998 for the above - referenced project. I have no problem with the proposed landscaping for phase II around the Educare Facility. However, in 1993, pursuant to Resolution 59, 1993, City Council approved a standard for the western buffer area between the PBCC theater site and the residential community to the west. With the proposed expansion of the retention area, the same standard is applicable. Attached is a copy of the buffer cross - section that should be continued into phase II. Also, in reviewing the Master Paving and Drainage Plan, I noticed that within the foot print of the phase III theater training facility, the plan indicates two existing trailers. There is only one trailer existing behind the theater. This trailer has never been approved by the City Palm Beach Gardens. The City needs to recognize these trailers as a temporary conditional use within this PUD. The City also needs a landscape plan for this temporary structure. There is no landscaping around it presently. Please be aware that the City is not involved in the issuance of any building permits or COs'. During a site inspection, I noticed that PBCC has not been maintaining- tr =eir preserve areas. The Brazilian pepper has re- established itself and needs to be removed again. At this time, I recommend the following conditions of approval: • Within 60 days of the approval date of this ordinance, all exotic vegetation shall be removed from the preserve areas of phase I (existing theater site). All exotic vegetation shall be removed from the remaining phases during construction of same. • The western buffer for phase II shall contain a 6' high chain link fence and landscaping, similar to phase I and as depicted on the condition #4 of Resolution 59, 1993, for the retention lake area. The 6' high chain link fence shall continue pass the retention area to the southwestern corner of the property. • Within 30 days of the approval date of this ordinance, a landscape plan for the existing trailer shall be submitted for the City's administrative approval. • The PBCC shall agree to allow the Landscape Architect of Record (L.A.) and the City Forester inspect the landscape installation for all remaining phases for adherence to the approved landscape plans. Any changes to the approved landscape plan shall be agreed to by the L.A. and City Forester. 4a 3 T 'VZ 1 u u p, �a u 0 bop two p. J. 00 � � b CIS A .. t� oo bo a w a .0 Q T 43 Ai1� MILITARY TRAIL PROSPERITY FARMS ROAD ELLISON WILSON ROAD. M.w,e�..9�gwty.pswigd•pop� pry ti11d1tt•J asLM:24 oasa• v�w...,v....... II aui s��eI40JV ddW'�� (( ltivtl9ll A1Nf100 1 I 1 , • � �`�'' rw .ssaMJfl!®AV C'�YJMVd - Ws I ti'• l s .! g r. f— - WIN =.w p f I — 0 • �� II '� Y 4Y 4 :. :•� -- --•• a __ _I ;' � ' <,.. �_ .'fir_.• � � ' 07. , I I I g6 I Fill, f I I I I I / I I I I t tj _ I rt , T — �• I i � I I I •, 1 I N 11 Q= _ 1 e , 1 RNIIN!ti9l. .� 1 1 I F I I I I I I i l I � I Cl)w� W °°` o .N , T�LL gild u3tsvn f� f i.� E Ip � Ft � t l c 2 °4 E t IT mom Z .111 "loll � i_ Y _ AAr• J �c f i g � ['. X � I �s � ; a I 1 ' W' J1 OI C) l I � I Cl)w� W °°` o .N , T�LL gild u3tsvn f� f i.� E Ip � Ft � t l c 2 °4 E t IT mom Z .111 "loll � i_ Y _ AAr• J �c f r� t x.. �v p pre = C tiF -'�6�7 i+G ,.Y a yMllf al�,a�e 33{,,.77,. v�t N' i6YU +^�d: L� A . ++ gh �: ' \ii �:.�\ � ` � 1 r r � � .'r:..✓..._Ti.......�_�.�1`�+w. `.'6�.. .___f'. _ _— ��w...... �.. `^'�'°""`'rp7 T.�,.r --sc�! w�._'�;'_.�ti".._ p.i l"°'.�''�"J+�""'s'rr r CITY / OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 18, 1999 Subject Agenda Item Date Prepared: February 9, 1999 Resolution 12, 1999 for an amendment to the wall sign approved for Lot 3 of South Park Center, within Northcorp Planned Community District. (5/6- 42S -43E) Recommendation/Motion: Staff recommends that Resolution 12, 1999 be denied. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City tY Attome Y CJ3` a'�� Growth Management [ ] Finance 4A— $ [ ] Approved w/ conditions ACM i Current FY ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper. [ Required [ ] Other Resolution , 1999 Submitted by. Growth Management Director _x r Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The Riverside Corporation is requesting an amendment to the wall sign approved for the building located on lot 3 of South Park Center within Northcorp Planned Community District. The request is to amend the sign color from bronze to solid blue back -lit with block letters. The subject property is 3.08 acres and was originally approved on March 19, 1998 by Resolution 22, 1998. The property is located on lot 3 of the South Park Center within the Northcorp Planned Community District. The site is bounded to the north by RCA Boulevard, to the south by Burns Road, to the east by FEC Railway and to the west by Interstate 95. It should be noted that on September 21, 1998, a Building Permit was issued for the existing blue and red sign. Following the installation of the sign, Planning Department, after noticing the colors, verified the approved plans and determined that the colors of the sign were not consistent with the bronze color on the approved elevation plans. The existing sign reads Icon & Landis and is blue in color with red accents. The petitioner is proposing a solid blue, similar to Wackenhut and Anspach Effort signs. City Attorney Carole post has indicated that the Building Permit was issued in error and has no force or effect. The permit should be considered void and the property is in violation of its Development Order. Recommendation: The original color of the sign was proposed by the petitioner and approved by the Council to be bronze. Staff is in the opinion that the issuance of a building permit for the existing sign does not constitute a valid justification for the petitioner to install a sign that is not consistent in color with the approved sign. Therefore, staff recommends denial of petition MISC- 98 -19. u k Lij E , > 0 \ ƒ\ /L k 9 e2u= 2CL�/ k . k f r E 2 0< ��\\ >3:8 < L . _LUz \\ e << CL » k��Z O /\/ \ \ \\ -J0 Z L 0C) /iii MLL /Lij�\ >-u � ` k\ LLJ Z CO \z Z) E2 ƒO /� w$ f kk /� �oLg ± <:� � @� � � � � z � � � 7 � m 0 - � - q V CO 2 O � � W � 2 � � Q � cc � �| Q � � � M 0 �| z � Z � r) w D ) ��\\ �£ « u: < |;o \\ �§ yak � | �| Q � � � M 0 �| z � Z � r) w D RESOLUTION 12 ,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE APPROVED SITE PLAN FOR LOT 3 OF SOUTH PARK CENTER TO PROVIDE A CHANGE TO THE COLOR OF THE WALL SIGN; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan for the construction of 40,000 square -feet of office on 3.08 + /- acres on lot 3 of South Park Center within the Northcorp Planned Community District by Resolution 22, 1998; and WHEREAS, the City Council of the City of Palm Beach Gardens has received an application to amend the approved building wall sign color from bronze to solid blue; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to the plans approved by Resolution 22, 1998 to change the -color of the building wall sign from bronze to solid blue. The building is located on 3.08 + /- acres on lot 3 of South Park Center generally located at the northwest corner of Riverside Drive and Burns Road, within the Northcorp Planned Community District, Section 2. Construction of said development shall be in accordance with the following document on file with the City's Growth Management Department and shall supercede the sign specifications indicated on January 20, 1998 Building Elevations: 1. December 24, 1998, letter from James E. Griffin to Marty Minor, 1 Sheet. Section 4. This Resolution shall be effective upon adoption. Resolution, 1999 Page 1 INTRODUCED, PASSED AND ADOPTED THIS DAY OF , 1999. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK \bk planning: \shortr — 1 \misc9819.re Resolution, 1999 Page 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 18. 1999 Subject/Agenda Item: Consideration of Approval: Resolution 16, 1999. (Highway Alternate A1A agreements) Recommendation /Motion: Staff recommends approval of Resolution 16, 1999. Reviewed by Originating Dept.: Costs: $_0 Council Action: p�(rJ Total City Attorney. „ rJ [ l Approved„ , Growth Management Finance ' IV/A ACM fV W $ 0' Current FY [ ] Approved wicondaions [ J Denied, Human Rea.__ N/A Funding Source: [ ] Continued to: Advertised: Other NIA Date: [ ] Operating Attachments: Paper: [ x ] Not Required [ ] Other N/A Resolution 68, 1998 Resolution 16, 1999 ed by: le Affected parties Budget Acct. #: Approved Landscape plans irector [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: On July 16, 1998, City Council approved Resolution 68, 1998 which authorized City staff to apply for Palm Beach County Thoroughfare Beautification Grant program through the Board of County Commissioners and the Metropolitan Planning Organization of Palm Beach County to beautify lands west of Alternate A -1 -A. The City's project was selected and awarded the 50/50 matching funds grant. This is a unique project because the landscaping is designed to be planted within FDOT road right - of -way and Florida East Coast Railway Company (FEC) lands. This requires two grant funding sources from the FDOT and Palm Beach County. The total estimated cost of this project is $100,000, in which, the City would be reimbursed up to 50% of the costs, not to exceed $100,000. A copy of the landscape plan is attached. The area to be planted begins at the southwest corner of Burns Road and Alternate A-1 -A and runs south approximately 1000 feet between Alternate A-1 -A and the railroad tracks. This project is across Alternate A-1 -A from Gardens east apartments. The resolution before you would allow the Mayor to sign the "Financial Assistance Agreement For City of Palm Beach Gardens Alternate A-1 -A Beautification" between the City and Palm Beach County, and the "District Four Highway Beautification Grant and Maintenance Memorandum of Agreement" between the City and FDOT. Resolution 16, 1999 Page 2 RESOLUTION 68, 1998 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE LANDSCAPING OF ALTERNATE AlA AND LANDS WEST OF ALTERNATE AIA ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the highway right -of -way of Alternate AlA by landscaping; WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the railroad right -of -way to the west of Alternate AIA by landscaping; and WHEREAS, funding to accomplish this project may be available through the Board of County Commissioners and the Metropolitan Planning Organization of Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens supports the landscaping of Alternate A 1 A and lands west of Alternate A 1 A. Section 2. The City Council authorizes City staff to apply for Palm Beach County Thoroughfare Beautification Grant program through the Board of County Commissioners and the Metropolitan Planning Organization of Palm Beach County. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE %V DEjY OF JULY, 1998. — t JOSEPH R. RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY- • ►�9 MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO r mill v- Resolution 68, 1998 Page 2 •( C 0 C e F.E.C. w/- 4 R.O.W. w 3 n Y] Cluster Cabbage Palms at Nose (V-W hegMe) I Snowbetry Vine /Shrub tot color —1 (e9. ettaCh 10 tree) Slash Pines in Mulch Bed - --{ OZ -t4' hdow Florida Game Crass W ts, O.Ca 'Gold Mound Lantana for color I "'; 'Alternate A -1 -A I Beautification Project Ili! N r Palm Beach Gardens, Florida tllti D.n- -4 1 —4 ...n 7—f —t, _ East Palatka Holy cluster (sx3 —i rn'< 0 ( (�m-0 n ' a in Fakahatchee Grass E bt 90' oJw dJ II Om 2 e, a Hedgerow —} —_ Southeg Southern Red Cedar in Mulch - (841, T O.C.) Q = N Cluster Cabbage Palms at Nose Ij (10'•111 NOW m Live Oaks in Cordgrass -- �.: n2'•H' MIphW c�Spot Locate East Palatka Hotly - Understory Trees (em Slash Pines In Minh Bed — } - - tp ->r• rbgllw ea East Palatka Halt' cluster (8x97 —F intFakoa'hhatchee Grass ! Double Staggered Row 1t► Wax Myrtle shrubs in Mulch (44V ocl Zgrass Beds 8' O.c7 jtit v I Florida Game Crass W ts, O.Ca 'Gold Mound Lantana for color I "'; 'Alternate A -1 -A I Beautification Project Ili! N r Palm Beach Gardens, Florida tllti D.n- -4 1 —4 ...n 7—f —t, _ U -I- �� I II % rn'< 0 ( (�m-0 n ' a '� Cccnn N2 0o -1 3w w dJ Om 2 e, a —_ (D CD 0 =m < I Q = N 2i D 3 m ea :i Ct 1t► jtit U -I- �� I II % rn'< 0 ( (�m-0 n ' a '� Cccnn N2 0o -1 3w w dJ Om 2 e, a —_ (D U -I- �� I II u n n .5 W '� Cccnn N2 0o -1 m O D CCo W-9. CD 0 =m < I Q = N 2i D 3 m U -I- �� I II u n n '� Cccnn N2 0o pa CD 0 =m < I a I' in tN •.iy Ip < gg i p • CD C�lelun Shrub Row I p (#3,3(r OM I fl I 'I fl I !fl Fakahatchee Grass Beds (Ul 30' oc) I fl m m O CD Royal Poinclana as focal (where overhead Utilities p m �. O do no conflict) (axes I co pi Silver Buttonwood Trees p m texe9 — CD .+ ¢ I Ip G _ Seagrape Trees I I p r^ (exe) I I fl s. p .I I I p �r C/)'< T �1 � CD CD ���fi' I I Ifl� a 3cnn°'N IQ CD Double Staggered Row Sea grape S I fl c gr pe hrub (03,48- oca I I FLOW Fakahatchee Grass Beds I I p _ T� D� 7 w s. Silver Buttonwood Trees D 1 m 'w� fi la tl g 7 (D0 n IIII 1 $W �� Bougainvillea - for accent /color I fl ' 1 j R 0_W (A ehubMne u e h e to base) t' p D I. fl Cabbage Palms I 4 fl Double Staggered Row I ( p (o -w• heights) I I tl �F �• fl II s Florida Gama Grass cn Ut +e ocf p „ rn W CD o f 000 Dwarf Bougainvillea p s � CO r3 color 4 a I I I I fl W C/) Cr m ' E d� 'Alte A -1 -A ( <...� �y�o c�, �� ; � ❑ .- ft �� Beautification Project ` ah� - ,� Palm Beach Gardens, Florida rrlir fl.nnn '^ 1 ernat nn.Jnnn nn T.nne.v.nn�n -_ - February 8, 1999 RESOLUTION 16, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF INTERLOCAL AGREEMENTS BETWEEN THE CITY AND PALM BEACH COUNTY AND THE CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR BEAUTIFICATION AND MAINTENANCE OF A 1,000 FOOT AREA OF THE HIGHWAY RIGHT -OF -WAY LOCATED IMMEDIATELY SOUTH OF BURNS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the highway right -of -way of Alternate A-1 -A by landscaping; WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the railroad right -of -way to the west of Alternate A-1 -A by landscaping; and WHEREAS, funding to. accomplish this project has become available through the Board of County Commissioners and the State of Florida, Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the District Four Highway Beautification Grant and Maintenance Memorandum of Agreement with State of Florida Department of Transportation, a copy of which is attached as Exhibit "A ". SECTION 2: The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Financial Assistance Agreement for City of Palm Beach Gardens Alternate A1A Beautification with Palm Beach County, a copy of which is attached as Exhibit "B ". SECTION 3: This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF FEBRUARY 1999. JOSEPH R. RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE -MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO RESOLUTION 16, 1999 PAGE 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY AYE NAY ABSENT DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION GRANT AND MAINTENANCE MEMORANDUM OF AGREEMENT DSF -REIMB Contract Number AG 698 THIS AGREEMENT, made and entered into this day of 19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the City of Palm Beach Gardens a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY ". WITNESSET$ WHEREAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a six (6) lane highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facility that contains landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick -up and necessary replanting; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated - , 19 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in plans and specifications included as Exhibit "B ", with if any, the following exceptions and conditions: A. The current Florida of Department of Transportation Roadway and Traffic Design Standard index 546 must be adhered to, B. Clear zone/horizontal clearance as specified in the Plans Preparation Manual - Metric Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets in Exhibit D, C. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs, D. If irrigation is to be installed, the Department shall be provided accurate as built plans of area, the system can be accommodated as much as possible, E. If it becomes necessary to provide utilities to the median or side areas ( water /electricity) it shall be the AGENCY'S responsibility to obtain a permit for such work thought the local maintenance office F. During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the 1988 edition of the MUTCD and the current Department Roadway and Traffic Design Standards (series 600), G. The AGENCY shall provide the local maintenance office located at 7900 Forest Hill Boulevard, West Palm Beach, Fl. , a twenty -four (24) telephone number and the name of a responsible person that the department may contact, H. If there is a need to restrict the normal flow of traffic it shall be done on off peek hours (9AM to 3PM), I .The AGENCY shall be responsible to clear all utilities within the project limits J. The AGENCY shall notify the local maintenance office forty-eight (48) prior to the start of the project, 2. The AGENCY agrees to maintain the landscaping and irrigation (if applicable) within the median and areas outside the travel way to the right of way line, excluding sidewalk and crosswalks, unless constructed with other than concrete or asphalt at the AGENCY'S request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's landscape safety and ;plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape /turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median, crosswalks, and areas outside the travel way to the right -of -way_ line on Department of Transportation right -of -way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep the header curbs that contain the hardscape in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 2 The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility above - mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Complete the installation or part thereof, with Department or Contractor's personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscaping or a part thereof, with Department or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or private contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the Department may remove the same and any mitigation required for remaining landscape/hardscape shall be the responsibility of the AGENCY. The Department agrees to reimburse the AGENCY an amount not to exceed$3,350 , as defined in Attachment "C ". Subject to this limit, the Department will pay only for the following costs: (a) Sprinkler /irrigation system (b) Plant materials and fertilizers /soil amendments. 3 (c) Paver bricks, header curbs & other hardscape items. The Department's participation in the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. Payment shall not be made until (1) certification of acceptance is received from the AGENCY's Landscape Architect/or designee and (2) a Department Landscape Architect and/or his designee has approved the project for final payment. (a) Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof and bills for travel expenses specifically authorized by this Agreement, if any, shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. (d) Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the AGENCY's general accounting records, together with supporting documents and records, of the contractor and all subcontractors performing work, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. (e) The AGENCY agrees to return all monies received under the terms of this Agreement, to the Department, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 6. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the Department, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the AGENCY in conjunction with this Agreement. 7. The term of this Agreement commences upon execution. 4 To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this Agreement, or due to the failure of the AGENCY to construct or maintain the project in conformance with the standards described in Section 2 of this agreement. 9. The AGENCY may construct additional landscaping within the limits of the right -of -ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. (b) All landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of landscaping added under this item. 10. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11. The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. 12. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution *or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 5 13. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 14. This Agreement shall be governed by and construed in accordance with the laws of the. State of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WTEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Mayor or Chairman Attest: (SEAL) Town Clerk Legal Approval 2 By: District Secretary Attest: (SEAL) Executive Secretary Legal Approval SECTION NO. FIN NO.(s): COUNTY: S.R. NO.: CONTRACT NO.: EXHIBIT "A" PROJECT LOCATION 93060 40569215401 Palm Beach Alternate A-1 -A AG 698 West side of Alternate A-1 -A (SR 811) south of Burns Road for 2,550 feet 7 SECTION' NO. 93060 FIN NO.W: 40569215401 COUNTY: palm Beach S.R. NO.: Alternate A-1 -A CONTRACT NO.: AG 698 EXHIBIT "B" The Department agrees to reimburse the AGENCY for the installation of the project as reflected in the plans attached hereto and incorporated herein. 8 SECTION NO.:93064 FIN NO.(s): 40569215401 COUNTY: Palm Beach S.R. NO.: Alternate A-1 -A CONTRACT NO.: AG 698 ATTACHMENT °C° (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. PROJECT COST: $6.700 City of Palm Beach Gardens 3,350 - Department of Transportation 3.350 TOTAL $ 6,700 CAWPDOCkADMIN%DSF.REI (revlslon 07/10186) E 1 2 3 4 5 6 7 8 9 10 i 11 12 13 i 14 i 15 I 16 I 17 18 19 i 20 i 21 22 i 23 24 I 25 1 26 27 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A BEAUTIFICATION THIS INTERLOCAL AGREEMENT is made and entered into this day of , 19_, by and between the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, hereinafter "CITY ", and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY ". W I T N E S S E T H: WHEREAS, the CITY is undertaking the installation of i landscaping improvements, including any irrigation as may be necessary, hereinafter "IMPROVEMENTS ", on the Florida Department of Transportation, hereinafter "FDOT", right -of -way and the adjacent Florida East Coast Railway Company, hereinafter "FEC ", right -of -way along Alternate A -1 -A from Burns Road to approximately 2550 feet south; and WHEREAS, the COUNTY believes that such efforts serve a public purpose in the enhancement of the appearance of this thoroughfare and therefore wishes to support that effort by providing a reimbursement contribution in an amount not to exceed FORTY SIX THOUSAND SIX HUNDRED FIFTY and 00 /100 DOLLARS ($46,650.00) or fifty percent (50%), whichever is less, to the CITY for the installation of the IMPROVEMENTS; and WHEREAS, after installation, the CITY will be responsible for the maintenance of the IMPROVEMENTS; and WHEREAS, the CITY and COUNTY now wish to enter into an agreement to provide for the COUNTY'S contribution toward the I funding of the CITY'S IMPROVEMENTS; and -1- 1 i 2 3 I i 4 5 II i 6 j I 7 8 it 9 10 I 11 �i 12 13 i 14 15 16 i 17 18 19 20 j 21 22 23 1 I 24 25 j I i 26 .I 27 28 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION WHEREAS, the COUNTY has established an allocation in its budget to provide sufficient funding for this reimbursement. I NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The COUNTY grants to the CITY an amount not to exceed FORTY SIX THOUSAND SIX HUNDRED FIFTY and 00 /100 DOLLARS ($46,650.00), or fifty percent (50%), whichever is less;, of the initial cost for installation of landscaping IMPROVEMENTS, including any irrigation as may be necessary, on the FDOT right -of- way and the adjacent FEC right -of -way along Alternate A -1 -A from Burns Road to approximately 2550 feet south. 2. The COUNTY agrees to pay the CITY the amount established in paragraph 1 for costs (materials and labor) associated with installation of the IMPROVEMENTS and excludes any costs associated with permitting, design fees, other professional fees, printing, maintenance and hardscape improvements (curb, paver bricks, etc.) . An exception is that reimbursable costs may include the maintenance costs for an establishment period not to exceed 180 days from the date of original installation. Where necessary, tree grates may also be considered as a matching cost. 3. The COUNTY shall have no obligation to the CITY or any other entity or person in excess of the amount provided in paragraph 1. 4. The CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration for the installation of the IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable governmental laws and -2- 1 2 I 3 I 4 5 i 6 it 7 III 8 I I 9 I I 10 j 11 I 12 13 I.� it 14 i I 15 16 17 18 19 20 21 22 I 23 24 25 i I 26 27 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION regulations and will comply with all applicable governmental landscaping codes and permitting requirements in the selection and installation of the IMPROVEMENTS. The CITY agrees to install the IMPROVEMENTS substantially in accordance with the plans, specifications and costs as submitted in the July 1998 application package to Beautiful Palm Beaches, Inc. Otherwise, the COUNTY will have the final determination of the eligibility for reimbursement of any changes. Substantial variations from the submitted plans shall require prior written approval from the County Engineer's Office. The final permit drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY'S Streetscape Standards Manual. 5. The CITY will obtain or provide all labor and materials necessary for the installation of the IMPROVEMENTS. The minimum requirement for plant stock is Florida Grade Number 1 or better, as per Florida Department of Aariculture Consumer Services Grades and Standards for Nursery Plants (most current edition) and must be so specified on plans. This requirement is subject to inspection by a designee of the Assistant County Engineer (such as the County Forester) . The COUNTY will have the final determination of eligibility for reimbursement in terms of this requirement being met. The CITY shall furnish the Assistant County Engineer of the COUNTY'S Department of Engineering and Public Works with a request for payment supported by the following: a. A statement from a Florida Registered Landscape Architect that the IMPROVEMENTS have been inspected and. -3- 1 2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION - were installed substantially in accordance with the plans for the IMPROVEMENTS, and; b. Invoices, checks or such other documentation which is acceptable in form and detail to the COUNTY to provide for verification that the services and /or materials have been performed and received by the CITY. Any in -kind materials and /or labor which is included as part of the matching costs must be reasonably documented, and; c. A statement that the CITY has provided, or will provide by a date certain, Beautiful Palm Beaches, Inc. with five photographic slides of the IMPROVEMENTS. 6. As it relates to this Agreement, the COUNTY may initiate a financial system analysis and /or an internal fiscal control evaluation of the CITY by an independent auditing firm employed by the COUNTY or by the County Internal Audit Department at any time the COUNTY deems necessary. The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred for at least three (3) years after final payment by the COUNTY. 7. The CITY agrees to be responsible for maintenance of the IMPROVEMENTS following the ,installation and shall be solely responsible for obtaining and complying with all necessary permits, approvals, and authorizations from any federal, state, regional, or COUNTY agency which are required for the subsequent maintenance of the IMPROVEMENTS. The IMPROVEMENTS installed under this Agreement will at all times be maintained so as to be visible to the public so as to enhance the appearance of Alternate A -1 -A. 8. All installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than March 31, 1XIC 1 � 2 3 i 4 it i 5 i 6 i 7 8 i 9 10 i 11 � I i 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION I 2000, and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter unless the time for completion is extended by modification of this Agreement as provided herein. Also, as stated in the application package, any work performed prior to the COUNTY'S allocation of these funds on November 10, 1998, is not considered eligible for reimbursement under this Agreement. i 9. The CITY recognizes that it is an independent contractor, and not an agent or servant of the COUNTY or its Board of County Commissioners. In the event a claim or lawsuit is brought against the COUNTY, its officers, employees, servants or agents relating to the IMPROVEMENTS or any item which is the responsibility of the i CITY, the CITY hereby agrees, to the extent permitted by law, to indemnify, save and hold harmless the COUNTY, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action and judgments o£ any I type whatsoever arising out of or relating to the existence of the IMPROVEMENTS or the performance by the CITY as may relate to this Agreement. The CITY agrees to pay all costs, attorney's fees and expenses incurred by the COUNTY, its officers, employees, servants or agents in connection with such claims, liabilities or suits except as may be incurred due to the negligence of the COUNTY. Furthermore, the CITY stipulates that the extent of the COUNTY'S liability pursuant to this Agreement shall be limited solely to its aforementioned payment obligation. 10. The CITY shall, at all times during the term of this Agreement (the installation and existence of the IMPROVEMENTS), maintain in force its status as a municipal corporation. -5- f7 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION 11. The CITY shall require each contractor engaged by the 2 II CITY for work associated with this Agreement to maintain: I 3 I a. Workers' Compensation coverage in accordance with 4 it Florida Statutes, and; 5 II b. Commercial General Liability coverage, including I. 6 I vehicle coverage, in combined single limits of not less 7 I!i than ONE MILLION AND 00 /100 DOLLARS ($1,000,000.00). The ;I 8 ';� COUNTY shall be included in the coverage as an additional 9 I insured. 10 ',� 12. In the event of termination by the CITY, the CITY shall 11 �� not be relieved of liability to the COUNTY for damages sustained by I 12 the COUNTY by virtue of any breach of the contract by the CITY and I 13 the COUNTY may withhold any payment to the CITY for the purpose of I 14 ii set -off until such time as the exact amount of damages due the 15 COUNTY is determined. In the event the CITY elects to discontinue 16 II its maintenance obligation for the IMPROVEMENTS under-,—this ,I 17 1! Agreement, it shall be the obligation of the CITY to restore, if I 18 necessary, the area of the IMPROVEMENTS consistent with the CITY'S 19 lease agreement and /or permit with FDOT and FEC allowing i, 20 installation of the IMPROVEMENTS. I 21 13. The COUNTY and the CITY agree that no person shall, or I 22 the grounds of race, color, national origin, sexual orientation, 23 I religion or creed, sex, age, or handicap be discriminated against �I 24 !,� in performance of the Agreement. 25 II 14. In the event that any section, paragraph, sentence, 26 j clause, or provision hereof is held invalid by a court of competent I� 27 jurisdiction, such holding shall not affect the remaining portions -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 18 I 19 20 21 22 i 23 i 24 I I 25 26 27 28 29 3b 31 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION of this Agreement and the same shall remain in full force and effect. 15. All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: AS TO THE COUNTY Assistant County Engineer Palm Beach County Department of Engineering and Public Works Post Office Box 21229 West Palm Beach, Florida 33416 -1229 AS TO THE CITY Mr. Mark I. Hendrickson, City Forester City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 16. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. 17. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 1wis 1 2 3 I 4 5 � I 6 iI I; 7 iI 8 9 I i 10 11 i 12 i 13 14 15 16 17 18 19 20 i I 21 22 �I 23 24 25 26 27 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION 18. Except as expressly permitted herein to the con modification, amendment, or alteration in the terms or c contained herein shall be effective unless contained in document executed with the same formality and equality o herewith. 19. Each party agrees to abide by all laws, orders, regulations and the CITY will comply with all a governmental landscaping codes in the maintenance and re of the IMPROVEMENTS. 20. The parties to this Agreement shall not be assume any liability for the negligent or wrongful omissions of the other party. Nothing contained herein construed as a waiver, by either party, of the liabili 1 established in Section 768.28, Florida Statutes. 21. Each party will promptly notify the other of aI complaint, claim, suit, or cause of action threatened or against it which arises out of or relates, in any manne performance of this Agreement. 22. The parties expressly covenant and agree th event either party is in default of its obligations u Agreement, the party not in default shall provide to the party thirty (30) days written notice before exercising it rights. I,I 23. The preparation of this Agreement has been a joint effort I of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against I II one of the parties than the other. IF-10 1 i 2 I 3 4 5 � i 6 i f� 7 8 9 CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION 24. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 25. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 26. This Agreement shall take affect upon execution and the effective date shall be the date of execution. (INTENTIONALLY LEFT BLANK) -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 1� 1, 1 1 1 1 2 2 2, 2. 2, CITY OF PALM BEACH GARDENS ALTERNATE A -1 -A ROAD BEAUTIFICATION IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first above written. CITY OF PALM BEACH GARDENS (CITY SEAL) CITY OF PALM BEACH GARDENS, BY ITS CITY COUNCIL ATTEST: By: By: CITY CLERK MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: CITY ATTORNEY PALM BEACH COUNTY (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: DOROTHY H. WILKEN, CLERK By: By: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ASSISTANT COUNTY ATTORNEY H . \ ... \JAT \98- 99.LSC \AGR- BPB.pbg (January 21, 1999) -10- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 18, 1999 Date Prepared: February 1, 1999 SUBJECT /AGENDA ITEM: Resolution 17, 1999: Site Plan Approval for Parcel 24 in Ballenlsles PCD. RECOMMENDATION /MOTION: Staff recommends that Resolution 17, 1999 be approved with 4 conditions. Reviewed by (�� Originating Dept.: Costs: $ Council Action: �+� �r Total City ��yC Growth Management [ ] Approved Finance NA I I $ [ ] Approved wicw -4w,a ACM Current FY Denied Human Rea. NA Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper. [ ] Other - Table 1: Existing Zoning & Land Use " Designations - Table 2: Consistency w/ the Code & D.O. - School District letter dated 1/14/99 w Resolution 17, 1999 - Location Map & Site [ x ] Not Required Plan Submitted by. JTffected Growth Manag ent Dire parties ( ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required REQUEST: Consideration of approval for petition SP- 98 -26, a request by Henry Skokowski, agent. for Ballenlsles Development Company, for site plan approval for 22 single family semi - custom homes on Parcel 24 within the Ballenlsles Planned Community District.(PCD). The total land area is 6.24 acres and is located on the west side of East Island Avenue just south of its intersection with Ballenlsles Military Trail entrance. (13- 42E -42S) BACKGROUND: The Ballenlsles Planned Community District was originally approved by Ordinance 8, 1989. The subject parcel is consistent with the medium density designation on the Master Plan and with the City's land use designation of Residential Medium (RM). The subject property is zoned as a Planned Community District (PCD). For a complete list of adjacent existing uses, land use designations and zoning districts, please see Table 1. The proposed project's consistency with the City's Code of Ordinances is detailed in Table 2. All traffic concurrency was certified through the Ballenlsles Planned Community District approval. No operational traffic improvements will be required as a result of this development. Roadway access to the site, via East Island Avenue, has been completed. PROCEDURE: This is a request for a site plan approval. This proposed project is considered a major site plan because the proposed site is 6.24 acres. Therefore, the site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan approval for consideration of approval, approval with conditions, or denial. PROJECT DETAILS: The subject property is 6.24 acres and is located on the west side of East Island Avenue just south of its intersection with Ballenlsles Military Trail entrance. The site is surrounded by a 20.4 acre lake to the north, west, and south. To the east of the site is Ballenlsles Parcel 23 (buffered by a 1.8 acre lake and a 1.5 acre lake) and Trinity United Methodist Church. The proposed density for this project is 3.5 dwelling units per acre (du /ac), which is less than the "medium" density shown on the Ballenlsles Master Plan. Medium density, according to Ballenlsles Master Plan, allows between 4 and 8 du /ac. With the maximum of eight dwelling units per acre, the parcel could contain up to 49 dwelling units (the applicant is proposing 22 units). The lots are typically 152'X 84' or 152'X 50'. Phasing The project will be developed in a single phase. Signage & Access The applicant has indicated that the location of the entrance sign has been shown on the site and landscape plans, however, the details for the project entrance sign will be 2 submitted at a later date for City Council approval. Access to the site will be from East Island Avenue. ,architecture The applicant is proposing to offer several home plans for construction within the parcel, which would allow semi - customization of the floor plans and elevations to home buyers. To create an architecturally unified site, design guidelines have been submitted which will establish certain minimum standards for development. The Ballenisles New Construction Committee will require review of all home plans prior to construction and will approve style, color, and landscaping. The following are the proposed design guidelines: © Unifying architectural treatments shall include: *concrete block construction with textured stucco finish *S-tile or flat concrete tile roofs *multi-paned front elevation windows *roof styles shall be either gable, hip, or Boston hip *paneled or Single Lite French entry doors *paneled garage doors (8 feet in height) *painted cedar fascia ♦entry porticos e Building heights are not to exceed thirty-six (36) feet ® Minimum quantities of plant materials required for each lot are: _. ♦3 large trees (trees shall be 12 feet O.A. or palms with a mature spread of 15') ♦4 small trees and accents +200 shrubs and groundcovers *Note: The number of plants listed are minimum numbers only. Quantities for. shrubs and groundcovers are for 3 gallon material, although 1 gallon may be substituted 2 for 1. ® The repetition of the combination of roof color, wall color and exterior elevation will be limited to every fourth home ® Adjacent homes shall not have the same front elevation ® Building lot coverage shall be limited to a maximum of 3,500 square feet per lot, Or 43 %, whichever is less ® Wall and trim colors will be in tones compatible with Ballenisles Standards (pastels and light earth tones) ® Roof tile colors will be complementary to wall colors The proto - typical architectural elements are shown on the elevation plans. ,Lighting Standard "Ballenisles" lighting will be provided throughout the project with locations of light poles indicated on both the site plan and the common area landscape plans. Landscaping Within the design guidelines (listed on the previous page) minimum landscape requirements have been proposed for all of the lots on the site. Preliminary landscape plans have also been submitted for the common areas. All common areas are to be maintained by the Homeowners Association. The applicant is proposing 56.2% open space, which exceeds the minimum required 35 %. Parkina Each single - family home will have a minimum of a two (2) car garage and an apron that will accommodate another two (2) cars. Variations from Code The applicant is requesting approval for the roadway surface to be paved with specialty pavers, which is a deviation from Code (Land Development Regulation Section 114 -202 entitled Road surfacing and improvement). The petitioner is also requesting approval for 43% lot coverage, which is higher than the 35% allowed by code. This is considered an additional variation from Code (Land Development Regulation Sections 118- 201(e) and 118- 202(e)). Staff does not have any objections to these variations from the City's Code. The setbacks for the project are indicated in Table 2 of this report... With the pools and the screened decks, the side and rear setbacks will be decreased from the required 10 feet to 6 feet and 5 feet respectively. The front and rear setbacks are also less than what code allows. In a Planned Community Development, strict adherence to the code is relaxed in exchange for other benefits, such as increased open space. These setbacks are shown in Table 2 for comparative purposes only, and are not being considered as waivers. STAFF COMMENTS: Engineering Assistant City Engineer Tammy Jacobs has reviewed the original plans and subsequent revisions for this project, and has one concern remaining. Ms. Jacobs requests that the applicant submit a certified topographic survey for the perimeter boundary conditions of the proposed site. Planning & Zoning Staff has requested the applicant confirm that the proposed homes are 2 stories in height, and that the site and elevation plans be revised to show the building height to in lu be no greater than thirty -six (36) feet. Staff also requested from the applicant that the design guidelines be revised and included on the site plan. The applicant is currently addressing these comments. SATISFIED 1/29/99 Police Department The Police Department has stated that all benches in the common areas in the site should be illuminated by a single coachlight fixture. Palm Beach County School District The School District has stated in an attached letter that this proposed development will generate a total of 16 students (9 elementary, 4 middle, and 3 high school). The School District further states that the elementary and middle schools are already operating over capacity, and that the addition of these students may also have a negative racial impact on the assigned schools. The School District recommends that the subject development post a notice of annual boundary school assignments for students to be generated from this development. The School District will provide the sign for this notification. Northern Palm Beach County Improvement District ( NPBCID) NPBCID has stated that the applicant is required to apply for and obtain Northern's Standard Permit prior to commencement of construction. STAFF RECOMMENDATION: The Growth Management Department recommends approval of petition SP -98 -26 with the following conditions: 1. Prior to Approval by City Council, the site and elevation plans shall be revised to include the proposed design guidelines (including a statement that there will be a minimum of 10 feet between buildings), and to show the height of the homes to be no more than thirty -six (36) feet. 2. Prior to construction plan approval, the applicant shall submit a certified topographic survey for the perimeter boundary conditions of the site. 3. Prior to construction plan approval, the applicant shall obtain a Northern Palm Beach County Improvement District Standard Permit. 4. Upon issuance of the first building permit, and until issuance of the final certificate of occupancy, the applicant, his successors and /or assigns shall post an 11" X 17" notice of annual boundary school assignments for students to be generated from this development. This notice shall be clearly visible in all sales offices and models, and shall read as follows: NOTICE TO HOME BUYERSITENANTS "SCHOOL AGE CHILDREN MAY NOT BE ASSIGNED TO THE PUBLIC SCHOOL CLOSEST TO THEIR RESIDENCE. SCHOOL BOARD POLICIES REGARDING OVERCROWDING, RACIAL BALANCE OR OTHER BOUNDARY POLICY DECISIONS AFFECT SCHOOL BOUNDARIES. PLEASE CONTACT THE PALM BEACH COUNTY SCHOOL DISTRICT BOUNDARY OFFICE AT (561)434- 8100 FOR THE MOST CURRENT SCHOOLASSIGNMENTS(S)." 5. All common area benches shall have a single coachlight fixture. It should be noted that the applicant has addressed Staffs condition #1 with the submittal of a revised site and elevation plans (1/29199). SITE PLAN & APPEARANCE REVIEW COMMITTEE RECOMMENDATION: At its January 26, 1999 meeting, the Site Plan and Appearance Review Committee voted 6 -1 to recommend approval of petition SP -98 -26 with the conditions recommended by City Staff, and the following conditions: 1. Prior to Approval by City Council, the site plan shall be revised to include a statement that there will be a minimum of 10 feet. between . buildings. It should be noted that the applicant has addressed this condition with the submittal of a revised site and elevation plans (1/29199). Gshort: sP9826 =2 ri n Subject Property Vacant North : Ballenisles PCD, Lake South : Ballenlsles PCD, Lake East : Ballenlsles Parcel 23 & Lakes Trinity Methodist Church West: Ballenlsles PCD, Lake Planned Community District Residential - Medium (PCD) I Density (RM) Planned Community District Golf (PCD) I (G) Planned Community District Golf (PCD) I (G) Planned Community District Residential - High (PCD) Density & Golf (G) Residential - Residential - Low Low Density 3 (RL -3) I Density (RL) Planned Community District Golf (PCD) I (G) Yes PCD - Planned Community PCD - Residential District (Residential) Variation from code Minimum Front Setback: 20'w/ front entry garage 30 feet 15'w/ side entry garage Variation from code Minimum Side Setback: 5 feet from building 10 feet 6 feet from pools /spa 5 feet from screen /deck 0 feet from privacy wall -- Minimum Side Facing Street N/A Setback: 20 feet Variation from code Minimum Rear Setback: 15 feet from building 20 feet 6 feet from pools /spa 5 feet from screen /deck 5 feet from privacy wall Variation from code Minimum Building Site Area: 7,500 square feet 11,000 square feet Variation from code Minimum Building Site Width: 45 feet 90 feet Yes Minimum Open Space: 56.2% 35% Yes Maximum Building Height: Maximum height: 36 feet 36 feet Variation from code Maximum Building Lot Coverage: 43% FEBRUARY 1, 1999 RESOLUTION 17, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF 22 SINGLE FAMILY HOMES ON 6.24 ACRES ON PARCEL 24 IN THE BALLENISLES PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Ballenlsles Development Company to approve a Site Plan for the construction of 22 single family homes on 6.24 acres on Parcel 24 within the Ballenlsles Planned Community (Development; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves a site plan for the construction of 22 single family homes on 6.24 acres on Parcel 24 located within the Ballenlsles Planned Community Development (PCD). Section z Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and /or assigns: Prior to construction plan approval, the applicant shall submit a certified topographic survey for the perimeter boundary conditions of the site. 2. Prior to construction plan approval, the applicant shall obtain a Northern Palm Beach County Improvement District Standard Permit. 3. Upon issuance of the first building permit, and until issuance of the final certificate of occupancy, the applicant, his successors and /or assigns shall post an 11" X 17" notice of annual boundary school assignments for students to be generated from this development. This notice shall be clearly visible in all sales offices and models, and shall read as follows: NOTICE TO HOME BUYERSITENANTS "SCHOOL AGE CHILDREN MAY NOT BE ASSIGNED TO THE PUBLIC SCHOOL CLOSEST TO THEIR RESIDENCE. SCHOOL BOARD POLICIES REGARDING OVERCROWDING, RACIAL BALANCE OR OTHER BOUNDARY POLICY DECISIONS AFFECT SCHOOL BOUNDARIES. PLEASE CONTACT THE PALM BEACH COUNTY SCHOOL DISTRICT BOUNDARY OFFICE AT (561)434- 8100 FOR THE MOST CURRENT SCHOOL ASSIGNMENTS(S)." 4. All common area benches shall have a single coachlight fixture. Section 3. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. January 28, 1999 Site Plan, Urban Design Studio, 1 sheet total. 2. January 28, 1999 Elevation Plan, Affiniti Architects, 1 sheet total. 3. January 18, 1999 Preliminary Planting Plan, Krent Wieland Design, Inc., Sheet L -1 (1 sheet total). 4. September 24, 1998 Boundary Survey, Keshavarz & Associates, Inc., Sheet 1 of 1 (1 sheet total). 5ection „4, This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE ATTEST: LINDA V. KOSIER DAY OF , 1999. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY ABSENT g /short: sp9826.re ri January 14, 1999 Mr. John Lindgren City Planner Growth Management Department 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: School Impacts — SP 98 -26 — BallenIsles Parcel 24 Dear Mr. Lindgren: DR. JOAN P.KOWAL SUPEPoNTENDEHT OF SCHOOLS ,\ ,./ Cry. �... h' of P.g. Gardens `SAN R?wT 1 1999 %R MENr The proposed development, BallenIsles Parcel 24 for 22 single family residents located on the west side of East Island Avenue will have the following impact on the schools system. The existing schools serving the area with their membership and capacity are as follows. Schools THE SCHOOL DISTRICT W Timber Trace Elementary 886 OF PALM BEACH COUNTY, FLORIDA Watson B. Duncan Middle 1522 1188 PLANNING d REAL ESTATE 2295 2607 3320 FOREST HILL BOULEVARD, C -331 WEST PALM BEACH, FL 33406-5813 BEACH (561) 434 -8020 FAX (561) 434 -8187 January 14, 1999 Mr. John Lindgren City Planner Growth Management Department 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: School Impacts — SP 98 -26 — BallenIsles Parcel 24 Dear Mr. Lindgren: DR. JOAN P.KOWAL SUPEPoNTENDEHT OF SCHOOLS ,\ ,./ Cry. �... h' of P.g. Gardens `SAN R?wT 1 1999 %R MENr The proposed development, BallenIsles Parcel 24 for 22 single family residents located on the west side of East Island Avenue will have the following impact on the schools system. The existing schools serving the area with their membership and capacity are as follows. Schools Membership Capacity Timber Trace Elementary 886 825 Watson B. Duncan Middle 1522 1188 Palm Beach Gardens High 2295 2607 The development of 22 single- family units would generate a total of 16 students - 9 elementary students, 4 middle school students and 3 high school students. The Elementary and Middle schools are operating overcapacity. The additional students may further overcrowd the schools and may have a negative racial impact on the assigned schools. The School District recommends that the subject development post a notice of annual boundary school assignments for students to be generated from this development. The District will provide an 11" X 17" sign to be posted in a clear and visible location in all sales offices and models with the following: NOTICE TO HOME BUYERS/TENANTS "School age children may not be assigned to the public school closest to their residence. School Board policies regarding overcrowding, racial balance or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561) 434 -8100 for the most current school assignment(s)." If this is to be a gated community, the School District will require that a bus pull off /turnaround in compliance with School District regulation be provided in the development before the gates to provide for the safe transportation of students from the development. An Equal Education Opportunity Provider and Affirmative Action Employer Page 2 School Impacts, SP 98 -26 BallenIsles Parcel 24 January 14, 1999 The School District adopted Five -Year Plan shows that the new Jupiter Area Elementary School opening in August 2001 should provide enrollment relief to Timber Trace Elementary. The School District will continue to actively seek to provide the best school facilities for all children of Palm Beach County. If there are any questions, please call me at 434 -8800. Sincerely, Angela her, AICP Planning Specialist (Educational) c: Linda H. Hines, Palm Beach County School District N ,careen rerk� j 'a,° Ara.r Est**$ 3Previous . Approve its 1 t � h Iwo ii i 1., ;a, 1 gnlo HIM )8jpjj 1 1 Ill M h 11 ]J If lin I'm H it 1 11 fit 11 if IS aaj�ng �dea�pilnl ,Si 7,AI U81d GUS : 8P1Jo1:1 'BUGPJRD 40008 W19d � bZ IGDJvd : >s A.i junoo selsluelle8 W,� i ca Ming odw*vpug1 .9-C >: 62'0[9 i- ,�►7ng .d.Npw, sz-� eY N l.otf T �1: p� NI�r� 00: ---- --a� -- a mot —M I¢Viz ; a Lo IM ?z °� q! o O •� i I V EAyEMENt� - •'®• ' �,,�► LID a co, co so \ ; G Jtpe� r h o U g� P ar § n E N QO Q � �g tyy20� 2/UyN+ W G ui K o NON °o � W um RLL LL' g� ► if ; Eli, M A.. - "' YuYmldi i 5i$Hui 5y, P ��oYo a21 9 d \ a WF O K m •;.l Ii Y l 1� i' m v id yob g. �s cq m� m� a21 9 d \ a WF O K m •;.l Ii Y l 1� i' m v CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum _ Date: February 18, 1999 Date Prepared: February 11, 1999 Subject /Agenda Item: Resolution 18, 1999 - Ballenlsles Parcel 6A site plan approval for 40 zero -lot -line single family home lots on Parcel 6A within Ballenlsles Planned Community District (PCD). Recommendation/Motion: Staff recommends approval of Resolution 18, 1999. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Miina&0hent [ ] Finance _ N $ [ ] Approved w/ conditions ACM Current FY �1 [ ] Denied Human Res. NA Funding Source: [ ] Continued to: Advertised: Other NA Attachments: Date: [ ] Operating Paper: [ ] Other Resolution 18, 1999 Site Plan Engineering Comments [ ]Not Required _ -Design Guidelines Submitted�by /- Growth Management 1Sirector Affected parties [ ] Notified Budget Acct.#:: [ ] None Approved by: City Manager [ ] Not required REQUEST: Consideration of approval for Resolution 18, 1999, a request by Henry Skokowski, agent for Ballenlsles Development Company, for site plan approval for 40 zero - lot -line single family home lots on Parcel 6A within Ballenlsles Planned Community District (PCD). The total land area is 12.68 acres and is located on the north side of Fairwinds Avenue, north of its intersection with Ballenlsles Drive. (11- 42S -42E) Agenda Cover Memorandum Page 2 BACKGROUND: February 18, 1999 The BallenIsles Planned Community District was originally approved by Ordinance 8, 1989. The subject parcel is consistent with the medium density designation on the Master Plan and with the City's land use designation of Residential Medium (RM). REVIEW PROCESS: This is a request for site plan approval within a PCD. Because the proposed site is within BallenIsles PCD, the request is considered a major site plan. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan approval for consideration of approval, approval with conditions, or denial PROJECT DETAILS The subject property is 12.68 acres and is located within BallenIsles Planned Community District on the north side of Fairwinds Avenue, north of its intersection with BallenIsles Drive. The site is surrounded by a golf course on the west, BallenIsles Parcel 9 on the east, water and Parcel 813 to the north, and Parcel 613 on the south (see Table A). The proposed density. for this project is 3.15 dwelling units per acre ( du/ac), which is less than the "medium" density shown on the BallenIsles Master Plan. Medium density, according to BallenIsles Master Plan, allows between 4 and 8 du/ac. With the maximum of eight dwelling units per acre, the parcel could contain up to 101 dwelling units (the applicant is proposing 40 units). The lots are typically 55'x 150'. The project will be developed in a single phase. The applicant has indicated that details for the project entrance sign will be submitted at a later date for City Council approval. Access to the site will be from Fairwinds Avenue. Architecture The applicant is proposing four models for construction in this parcel. All four models have three bedrooms, cement tile roofs, smooth stucco wall finish, and golf cart parking in the garage. The Martinique model has 3,154 square feet of enclosed living area; the Monaco model has 3,331 square feet; the Bali IV model has 3,353 square feet and the Capri II has 3,540 square feet. Wall and trim colors will be Glidden Paints in light earth tones and pastels. Lighting Standard `Ballenlsles" lighting will be provided throughout the parcel with locations of light poles indicated on both the site plan and the common area landscape plans. 74 Agenda Cover Memorandum Page 3 February 18, 1999 Landscabing Preliminary landscape plans have been submitted for each of the proposed models. All common areas are to be maintained by the Homeowners Association. The applicant is proposing 51% open space, which exceeds the minimum required 35 %. Vp4atiQns from Code The applicant is requesting approval for the roadway surface to be paved with specialty pavers, which is a deviation from code (Land Development Regulation Section 114 -202 entitled Road surfacing and improvement). The petitioner is also requesting approval for 45% lot coverage, which is higher than the 35% allowed by code. This is considered an additional deviation from code (Land Development Regulation Sections 118- 201(e) and 118- 202(e)). Staff does not have any objections to these deviations. The setbacks for the project are indicated in Table A. With the pools and the screened decks, the side and rear setbacks will be decreased from the required 10' to 6' and 5' respectively (see Table A). The front and rear setbacks are also less than what code allows. In a Planned Community Development, strict adherence to the code is relaxed in exchange for other benefits, such as increased open space. These setbacks are shown on Table A for comparative purposes only and are not being considered for waivers. DEPARTMENTAL COMMENTS: (Development Review Committee meeting - 1/7/99) Planning & Zoning Staff has requested design guidelines in addition to the submitted models in order to assist in review of future models in this parcel. The applicant has developed these guidelines, which are attached to this report. Citv Engineer Assistant City Engineer Tammy Jacobs discussed her requests at the DRC meeting. Since then, the applicant has satisfied a majority of her concerns. Attached is a letter (dated 1- 21 -99) with three conditions of approval. City,.FQrester City Forester Mark Hendrickson had some comments about the landscaping plans, which the applicant has addressed. Mr. Hendrickson has no further concerns. Police Department The Police Department has submitted a memo with suggestions to improve safety (see attached matrix dated 1- 6 -99). Officer Lovejoy has requested that the residential numbering system be easy to read and not obstructed. 3 Agenda Cover Memorandum Page 4 STAFF RECOMMENDATION: February 18, 1999 Staff recommends approval of petition SP -98 -24 with four conditions as listed below. 1. Prior to construction plan approval, the applicant shall submit a certified topographic survey for the perimeter boundary conditions of this site. (City Engineer) 2. Prior to construction plan approval, the applicant shall provide a typical lot - grading plan. (City Engineer) 3. Prior to plat approval, the applicant shall re -plat the portion of this project that is located within the existing plat of the Golf Club Site of the Professional Golfer's Association of America. This existing plat shall be re- platted as part of the Parcel 6A plat. (City Engineer) 4. This site shall be developed in accordance with the design guidelines submitted by the applicant for Parcel 6A dated January 7, 1999 and on file with the Growth Management Department. (Planning & Zoning/Building) SITE PLAN & APPEARANCE REVIEW COMMITTEE MEETING: This petition was reviewed by the Site Plan & Appearance Review Committee on January 26, 1999. The Committee members recommended approval of the petition with a 7 -0 vote with four conditions: 1. Prior to scheduling this petition for a City Council meeting, the applicant shall revise the design guidelines to include the requirement that the exterior design of each home shall vary so that no one design is repeated for more than four (4) homes in a row. (Planning & Zoning) 2. Prior to construction plan approval, the applicant shall submit a certified topographic survey for the perimeter boundary conditions of this site. (City Engineer) Prior to construction plan approval, the applicant shall provide a typical lot- grading plan. (City Engineer) 4. Prior to plat approval, the applicant shall re -plat the portion of this project that is located within the existing plat of the Golf Club Site of the Professional Golfer's Association of America. This existing plat shall be re- platted as part of the Parcel 6A plat. (City Engineer) Since the meeting, the applicant has satisfied the first condition of approval and staff has added a condition of approval addressing their concern. In addition, the applicant has revised Lot 40 to allow for more landscaping and for the future entry feature. Staff has reviewed the revised plans and has no objections to the change. Agenda Cover Memorandum February 18, 1999 Page 5 TABLE A Yes Building Height: 36' Maximum height: 36' Variation from code Building Lot Coverage: 35% Max. 45% GAShort Range \SP9824.cc.wpd Subject Property : Planned Community District Residential Medium Vacant (PCD) RM North : Planned Community District Residential Low BallenIsles PCD, Lake & (PCD) RL Parcel 8b South : Planned Community District Residential Medium BallenIsles Parcel 6b (PCD) RM East : Planned Community District Residential Low BallenIsles Parcel 9 (PCD) RL West: Planned Community District Golf BallenIsles Golf Course (PCD) G .::.x::;:s::::.::: ::.;;:.::.::.;:.::. ::.;:.;:.;:.::.;:.;::.:::;:.::: Consistent? Code Comparison Proposed Plan Yes PCD - Planned Community District PCD - Residential Residential Variation from code Front Setback: 30' 20' : Front entry garage, 15': Side entry Variation from code Side Setback: 10' 10', with pool: 6' with screen/deck: 5' with privacy wall: 0' Variation from code Rear Setback: 20' 15', with pool: 6', with screen: 5', with privacy wall: 5' Yes 20' for Lots 1 - 16 Yes Open Space: 35% Min. 51% Yes Building Height: 36' Maximum height: 36' Variation from code Building Lot Coverage: 35% Max. 45% GAShort Range \SP9824.cc.wpd RESOLUTION 18,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF 40 ZERO - LOT -LINE SINGLE FAMILY HOME LOTS ON 12.68 ACRES ON PARCEL 6A IN THE BALLENISLES PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from BallenIsles Development Company to approve a Site Plan for the construction of 40 zero -lot -line single family home lots on 12.68 acres on Parcel 6A within the BallenIsles Planned Community Development; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL -OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves a site plan for the construction of 40 zero - lot -line single family home lots on 1 B acres on Parcel 6A located within the BallenIsles Planned Community Development. Section 2, Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and /or assigns: 1. Prior to construction plan approval, the applicant shall submit a certified topographic survey for the perimeter boundary conditions of this site. (City Engineer) 2. Prior to construction plan approval, the applicant shall provide a typical lot- grading plan. (City Engineer) 3. Prior to plat approval, the applicant shall re -plat the portion of this project that is located within the existing plat of the Golf Club Site of the Professional Golfer's Association of America. This existing plat shall be re- platted as part of the Parcel 6A plat. (City Engineer) 4. This site shall be developed in accordance with the design guidelines submitted by the applicant for Parcel 6A dated January 7, 1999 and on file with the Growth Management Department. (Planning & Zoning/Building) Section 3. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. January 28, 1999 Site Plan, Urban Design Studio, 1 Sheet 2. January 7, 1999 Preliminary Planting Plan, Krent Wieland Design, Inc., Sheet L -1 3. October 1, 1998 Boundary Survey, Keshavarz & Associates, Inc., 1 Sheet 4. December 3, 1998 Architectural Plans for "The Monaco," Randall E. Stofft Architects, Sheets A -1 - A -5. 5. November 3, 1998 Architectural Plans for "The Martinique," Randall E. Stofft Architects, Sheets A -1 - A -4. 6. July 1, 1998 Architectural Plans for "The Bali IV," Randall E. Stofft Architects, Sheets 1, 3, 4. 7. May 11, 1998 Architectural Plans for "The Capri II," Randall E. Stofft Architects, Sheets 1, 3, 4. 8. August 8, 1998 Typical Landscape Plans for "The Bali IV & The Monaco," Tropical Landscapers, Inc., Sheet L -1. 9. September 28, 1998 Typical Landscape Plans for "The Martinique & The Capri II," Tropical Landscapers, Inc., Sheet L -1. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF , 1999. ATTEST: LINDA V. KOSIER BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Range \SP9824.re.wpd JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT _� �,:Y.hrt � • �: L „� -yam Q �3 r�'�;�I ��t, � �� • � m ti'.�,,,,, S� ..�'r3; ' C:"� mss.+'• 7 `611''`''~ mi r4 �Y-�� _jam = V � .. ti�tl•Y��� �.5�: ✓.--. �� . 'CFO Wj %-! l / ✓ `tic /2�,:`i ` ;�. � �•e3 m• ,,h � /.�rvr • �y � �l1 C � iFi-7 r � ,1 3 3 ° , a ��.,.?•, •.: y •yea¢ to $ ;mz c$S02 M01 (n ez Z M01 Nm � �~ / • fE AOR 0, mL��� QrNm ' o r N -1 ° s ` / b ` NO m ayj n Ah (D rr)4 r 008 cn (0 1 w rN • •a �m \� / w z I f 00 °� y a t y s i W 1 ,N v Cz co< N•i j !£�x 1 NO e �\ � I III (JAI , }+ N 1 7+ bu p rae g 8 .e W .m 110 4 co h -ie /11 \.Z to Q to ..► ° / C 00 m O O J Z to e Ballenlsles Country Club III a Parcel 6a 4 Palm Beach Gardens, Florida a SHA Plan i YY) Y'Y) &bf LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: January 21, 1999 SUBJECT: Ballen Isles Parcel 6A O�QA (LBFH File No. 98 -4025) We have reviewed the revised Site Plan prepared by Urban Design Studio and the revised Preliminary Planting Plan prepared by Krent Wieland Design, Inc. which were received January 12, 1999. We offer the following comments: 1) Conditionally Satisfied. Prior to Construction Plan approval, the applicant will need to submit a certified topographic survey for the perimeter boundary conditions of this site. 2) Satisfied. The applicant has provided a narrative description of the drainage plan for this project. 3) Satisfied. The applicant has provided a drainage statement that'describes the water quality and water quantity for this project. 4) Conditionally Satisfied. Prior to Construction Plan approval, the applicant will need to provide a typical lot - grading plan. 5) Satisfied. The proposed 20' lake maintenance easements will be shown on the Plat. 6) Conditionally Satisfied. Prior to Plat approval, the applicant will re -plat the portion of this project that is located within the existing plat of the Golf Club Site of the Professional Golfer's Association of America. This existing plat will need to be re- platted as part of the Parcel 6A plat. 7) Satisfied. The applicant has labeled the proposed turnout radii on the Site Plan. 8) Satisfied. The applicant has revised the right -of -way sections to include pavement specifications and type of proposed curbing. 9) Satisfied. The applicant has provided a cross - section of the specialty pavers and included base and subgrade specifications. 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info@lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE 10) Satisfied. The applicant has revised the landscape plan to include the safe -sight triangles. The applicant should be aware that LDR Section 98 -68 requires that visibility between 30 inches and 6 feet above the established grade be kept clear of all obstructions, including palm fronds. 11) Satisfied. The applicant has added a "Keep Right" signs at each of the entrance medians. The applicant is requested to return a copy of our comments with the applicant's acknowledgment of each comment and the response. Compliance will expedite the subsequent review. kec P: \PBGMEMO \4025b.doc C: Bobbie Herakovich Roxanne Manning TO: ANGELA CSINS FROM: ANNE BOOTH /Vj­� DATE: JANUARY 29, 1999 RE: BALLENISLES PARCEL 6A u Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Per your request in your January 27, 1999 memo, attached are 8 copies of the site plan for BallenIsles Parcel 6a. This plan has been amended to include the following provision within the Design Guidelines: The repetition of the combination of roof color, wall color and exterior elevation will be limited to every fourth home Also attached is an updated copy of the Design Guidelines. In addition to the above, as we discussed, the corner of Lot 40 has been - adjusted to show an additional landscape area at the entrance and the relocation of the entry sign. As a result of this change to the site plan, the landscape plan has also been amended and 8 copies are attached. It is still the intention of the applicant to return to the City in the future with detailed plans for the entrances. Should you have any questions regarding the attached, please let me know. Y ClhorP6 bar JAN ?9 d� "S .. cROwrti 999 MAN ; f, DEpAR)M£NTT ,� � T -- 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Design Guidelines Dall enlol e5 Marcel 6A January 28,1999 ■ Unifying architectural treatments Shall include: • concrete block construction with textured Stucco finish • 5 - the or flat concrete the roofs • multi -pane front elevation windows • roof 5tyle5 shall be either gable, hip, or booton hip • paneled or 51ngle Lite French entry doors • paneled garage doors • painted cedar fascia • entry porticos ■ Building heights are not to exceed 36 feet ■ Minimum quantities of plant materials required for each lot are: • 3 large trees (trees shall be 12' O.A. or palms with a mature Spread of 15') • 4 small trees and accents • 200 5hrub5 and groundcovers - Note: The number of plants listed are minimum numbers only. Quantities for 5hrub5 and groundcovers are for 3 gallon material, although 1 gallon may be substituted 2 for 1. ■ Building lot coverage shall be limited to a maximum of 4000 square feet per lot, or 45 %, whichever i5 less ■ The repetition of the combination of roof color, wall color and exterior elevation will be limited to every fourth home ■ Adjacent homes Shall not have the Same front elevation ■ Wall and trim colors will be in tones compatible with Ballenl51e5 Standards (Pastels and light earth tones) ■ Roof tile colors will be complementary to wall colors CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date of Meeting: February 18, 1999 Date Prepared: February 11, 1999 Subject /Agenda Item Resolution 19, 1999 - BallenIsles Parcel 8A (Grand Key Estates) Entry Feature and Signage Recommendation/Motion: Staff recommends approval of Resolution 19, 1999. Reviewed by: ^ Originating Dept.: Costs: $ Council Action: G� O�d Total City Attorney Growth Management [ ] Finance —NA $ [ ] Approved w/ conditions ACM V Current FY [ ]Denied Human Res. NA Funding Source: [ ]Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other - Resolution 19, 1999 [ ] Not Required _. larSite Plans Submitted b : Growth M iagrinclit Lin ector— Affected parties [ ]Notified. Budget Acct. N: [ ] None Approved by: City Manager [ ] Not required REQUEST: Consideration of approval for Resolution 19, 1999, a request by Nader Salour, agent for BallenIsles Community Association, Inc., for an amendment to a previously approved site plan of 12 custom single family home lots on Parcel 8A within BallenIsles Planned Community District (PCD). The proposed changes to the site plan will affect the entry way, signage, and landscaping of the project. BallenIsles Parcel 8A is located on the east side of Fairwinds Avenue south of where Fairwinds Avenue ends at the entrance to Parcel 10. (12- 42S -42E) BACKGROUND: The Ballenlsles Planned Community District was originally approved by Ordinance 8, 1989. The subject parcel received site plan approval in August 1998 with the passage of Resolution 80, 1998. The subject parcel is designated as low density and has been approved for 12 custom single family homes, which is consistent with the land use designation of the parcel. The subject property is 8.55- acres. The current land use designation for the subject site is Residential Low (RL), and the subject property is zoned as a Planned Community District (PCD). The site is surrounded by golf course on the north and east, water and Ballenlsles Parcel 9 to the south; and Parcel 8B to the west (see Table 1) . The project will be developed in a single phase. The applicant is now submitting the details for the project entrance signage as well as the entry features for the City Council's review and approval. REVIEW PROCESS: This is a request for an amendment to a site plan within a Planned Community District (PCD). The City Council reviews the request for amendment to a site plan for consideration of approval, approval with conditions, or denial. ACCESS: Access to the site will be from Fairwinds Avenue, and the surface will -be paved with speciality pavers. AMENDMENTS: The proposed amendments to the previously approved plan concern the entry feature (including signage) of the project. The design proposed consists of an entrance wall sign located in the median of the entrance displaying the parcel's name (Grand Key Estates). On either side of the median will be a flanking wall with a sign, including a decorative fountain feature. Further into the site, a circular park is being proposed, which will be surrounded by decorative garden walls, paver walkways, and another fountain feature in the center. The New Construction Committee has signed off on the design of the entrance feature and their approval letter is attached to this report. LANDSCAPING: The common area landscaping plans previously approved will not be revised as a result of this final signage design. 2 RECOMMENDATION: Staff recommends approval of Resolution 19, 1999, a request for amending a previously approved site plan to allow the construction of a decorative entry feature, subject to the following conditions: 1. Prior to the release of the landscape escrow monies for Parcel 10, the Landscape Architect of Record shall supply the City with three copies of the as -built landscape plan for the common areas within Parcel 8A. (City Forester) 2. Prior to construction plan approval, all drawings shall be signed and sealed by a registered structural engineer /architect. (City Engineer) TABLE 1 EXISTING ZONING AND LAND USE DESIGNATIONS aw PETITION MISC -98 -18 a Subject Property: Planned Community District Residential Low BallenIsles PCD, Parcel 8A (PCD) - ' RL North : Planned Community District Golf BallenIsles PCD, Golf Course (PCD) G South : Planned Community District Residential Low BallenIsles PCD, Parcel 9 (PCD) RL East : Planned Community District Golf BallenIsles PCD, Golf Course (PCD) G West: Planned Community District Residential Low BallenIsles PCD, Parcel 8B (PCD) RL ki RESOLUTION 19, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE SITE PLAN FOR PARCEL 8A, GRAND KEY ESTATES, LOCATED WITHIN THE BALLENISLES PCD, AS ORIGINALLY APPROVED BY RESOLUTION 809 1998, BY ADDING AN ENTRY FEATURE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Resolution 80, 1998, approving a site plan for Parcel 8A, located within the BallenIsles Planned Community District; and WHEREAS, the original approval for 12 custom detached homes did not include approval of an entry feature; and WHEREAS, an application has been submitted by Nader Salour, agent for BallenIsles Community Association, Inc., seeking to amend the approved site plan to include an entry feature; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the amendment to the site plan is consistent with the approved landscape plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to Resolution 80, 1998, approving a site plan for Parcel 8A, known as Grand Key Estates, located within the BallenIsles PCD, for the construction of an entry feature. Section„ 2,, Said construction shall be consistent with plans on file with the City's Growth Management Department as follows: 1. January 25, 1999 Layout/Materials Plans, Krent Weiland Design, Inc., Sheet L -1. 2. December 14, 1998 Layout/Materials Plans, Krent Weiland Design, Inc., Sheet 104 Section 3, Said amendment shall comply with the following conditions: 1. Prior to the release of the landscape escrow monies for „Parcel 8A, the Landscape Architect of Record shall supply the City with three copies of the as -built landscape plan for the common areas within Parcel 8A. (City Forester) 2. Prior to construction plan approval, all drawings shall be signed and sealed by a registered structural engineer /architect. (City Engineer) Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF 1999 ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO GAAnge1a\NffSC981 gxempd MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 0 41 �i la;M- '� '" 171 ef 0 yA tl I 1 � a 4 I � r a I I ei 1 II Ir � � u L /* yC T. i 1 �� Ia I z f I � 11 It 11� 3 S I `I —TIJ,I 1 \I ff 2 !7 o 4 till AF. Corm 1� a BALLENISLES COUNTRY CLUB yyyy zz'i L i PARCEL 8A. 1c, r ; ! 7 } . $ , & z ski m y §cb { 2k fƒ « ! )4I / \ �! #!, k } }�� ! »1 ��! \ { 7m [ r§ \ � , $ � \ \k 54� ` . & © 7 }��| s.�mm B LLE SL S COUNTRY CLUE PARCEL # . . � � «° ■ 1c, r ; ! 7 } . $ , & z ski m y §cb { 2k fƒ « ! )4I / \ �! #!, k } }�� ! »1 ��! \ { 7m [ r§ \ � , $ � \ \k 54� ` . & © s.�mm B LLE SL S COUNTRY CLUE PARCEL # . . � � «° ■ Richard Diamond From: Carole Post Sent: Wednesday, February 10, 1999 6:14 PM To: Richard Diamond Cc: Bobbie Herakovich Subject: authority of city council to adopt a resolution supporting county's bond referendum Richard, you may want to print this and distribute to City Council members. Question: Whether the City Council may adopt a Resolution supporting the County's effort to pass a bond referendum to fund parks and recreation facilities. Answer: The City Council may adopt such a Resolution, so long as it is able to make the requisite legislative findings as to the purpose of the Resolution and the benefits accruing to the City od adopting the Resolution. Discussion: There is not a great deal of case law on this question, however, in 1991, the Supreme court rendered an opinion dealing with the issue of whther a local government could expend funds to support its own bond referendum. The Court determined that an informational campaign to educate the electorate was well within the government's discretion. 'People Against Tax Revenue Mismanagement v. Leon County, 583 So.2d 1373 (Fla. 1991). Additionally, government officials may use their office to express an opinion about the best interests of the community - as long as such acts were not abusive or fraudulent. Id. The Court stated: One duty of a democratic government is to lead people to make informed choices through fair persuasion. [L]ocal governemnts are not bound to keep silent in the face of a controversial vote that will have profound consequences for the community. Leaders have both a duty and a right to say which course of action they think best, and to make fair use of their offices for this purpose. The people elect governmental leaders precisely for this purpose. Id. In Leon County, and in the numerous Attorney General opinions which address this issue, the question concerns a government's use of money to support its own ballot issue. In our case, the issue merely involves a statement of support, however, it concerns the affairs of a neigboring jurisdiction. Even so, it appears clear from the Supreme Court's ruling that the City has the authority to adopt a resolution supporting the County's effort to adopt a bond referendum so long as the City is able to make a legislative finding that the county's bond referendum will have a direct impact on the City, and that support of the referendum is in the City's best interest. If you should need to discuss this further, please let me know. RESOLUTION 22, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING PALM BEACH COUNTY'S BOND REFERENDUM FOR ISSUANCE OF GENERAL OBLIGATION BONDS TO FINANCE THE ACQUISITION AND CONSTRUCTION OF ALL OR A PORTION OF, AND /OR CAPITAL DAPROVEMENTS TO, CERTAIN RECREATIONAL AND CULTURAL FACILITIES WITHIN THE COUNTY AND RELATED COSTS INCIDENTAL THERETO, NOT EXCEEDING $25,000,000; PROVIDING FOR DISTRIBUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Board of Commissioners proposes a Countywide referendum on March 9, 1999; WHEREAS, the referendum seeks voter approval of general obligation bonds (GOB) in the amount of $25,000,000 to finance the acquisition and construction of all or a portion of, and/or capital improvements to, certain recreational and cultural facilities within the County and related costs incidental thereto; WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, is in agreement with the referendum proposed by the Palm Beach County Board of Commissioners; WHEREAS, the City Council of the City of Palm Beach Gardens has determined that support of said referendum would be in the best interest of the City; and WHEREAS, the City Council has determined that the City will directly benefit from approval of the bond referendum. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby supports the Palm Beach County Board of County Commissioners proposed Countywide referendum on March 9, 1999, for general obligation bonds to fmance the acquisition and construction of all or a portion of, and/or capital improvements to, cert ain recreational and cultural facilities within the County and related costs incidental thereto. SECTION 2. The City Council hereby directs the City Clerk to distribute copies of this Resolution to each member of the Palm Beach County Board of Commissioners, County Administrator, and each municipality in Palm Beach County. RESOLUTION 22, 1999 PAGE 2OF2 SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 18t' DAY OF FEBRUARY, 1999. ATTEST: Linda V. Kosier, CMC, City Clerk VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Mayor Joseph R. Russo AYE NAY ABSENT - w $$ 33� � N C � � TN A' Zg 5Z6 7)�' A•m w g,' 3 9. S 4 O cO ao V O)tTA WN�O/0 OD V Of VtA W N-+ m� Y'n nm'� gDc9' o 0, gcc) m g c q m ?n c �c Cn T cr cog c H > > w (D N co') N C C c < D ? N N N (WD (OOD V (S AWN W+O-- V---W N" fNmD -n m � �� � � m � y �y � o � °°�� ^m» ° f 2D nom w m m N � ? N m � .tO � JC JC N ° a O O fn O �c T w O N T V m mA °c o m � v n 9m 2 w O O N CL --N O D 0 :rt W, O Q) wC W �F O� r Cl) V• RESOLUTION 23, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING PALM BEACH COUNTY'S BOND REFERENDUM FOR ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE IMPLEMENTATION OF A LAND ACQUISITION PROGRAM FOR CONSERVATION PURPOSES BY FINANCING THE ACQUISITION OF, AND, IN SPECIFIC INSTANCES, THE COST OF CERTAIN CAPITAL IMPROVEMENTS TO, ENVIRONMENTALLY SENSITIVE LANDS, LAND FOR WATER RESOURCES, GREENWAYS, AGRICULTURAL LANDS, AND OPEN SPACE, NOT EXCEEDING $150,000,000; PROVIDING FOR DISTRIBUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Board of Commissioners proposes a Countywide referendum on March 9, 1999; WHEREAS, the referendum seeks voter approval of issuance of general obligation bonds (GOB) in the amount of $150,000,000 to finance the acquisition of, and, in specific instances, the cost of certain capital improvements to, environmentally sensitive lands, land for water resources, greenways, agricultural lands, and open space; WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, is in agreement with the referendum proposed by the Palm Beach County Board of Commissioners; WHEREAS, the City Council of the City of Palm Beach Gardens has determined that support of said referendum would be in the best interest of the City; and WHEREAS, the City Council has determined that the City will directly benefit from approval of the bond referendum. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby supports the Palm Beach County Board of County Commissioners proposed Countywide referendum on March 9, 1999, for general obligation bonds to implement a land acquisition program for conservation purposes by financing the acquisition of, and, in specific instances, the cost of certain capital improvements to, environmentally sensitive lands, land for water resources, greenways, agricultural lands, and open space, not exceeding $150,000,000. SECTION 2, The City Council hereby directs the City Clerk to distribute copies of this RESOLUTION 23, 1999 PAGE 2 OF 2 Resolution to each member of the Palm Beach County Board of Commissioners, County Administrator, and each municipality in Palm Beach County. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 18" DAY OF FEBRUARY, 1999. Mayor Joseph R. Russo ATTEST: Linda V. Kosier, CMC, City Clerk VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO i� c- z uu z G O N FN— V W U DZ !1J t1. O � Z O Z V Z O O u Z ®• N � C N 12M E E d R C -E i N d E N 2, `mo V >EE 5 a. o Q mY U E U- °>EmE9S! c mE � E= m 25 E y° E W m c ° cc ma o c U O NC7 CU y y Z5 Tan N N O d Z m °�ottxEr•E a¢iELL aci�mE� U' Q y L CO R O O O O CO �p O t �? D N f0 Q Wm0 d G. J� -ZUC:J F-G. 4.mOWa(n O MR LO CO C4 cm O N LO tO f� W i` (C NN NNNNNNNMC7MMMMC7 O E d c CL N RwS� L J N E L- ` N YI C U CL C '2 N E d m N N 0 0 -� 2^m a)a) E— v�`Ecgi L± cLE0N >0 •cd > °Q oU ag`t— E d a v o E ca_ -�j n �— ° E cLim o y �' o g v Y d N N N ¢ N `° N m M `° m cc g m C N N O) L a a p m n O p N C O ART O i0 d m c E JRS�, 8 p O O t0 C t 0 C m m y C L L O U 4J O t C l4 r > > >EY>.rmNE•-c E5 a. C zpc°�>°�otO- z°ca 0- UOaino3¢ �NM V NCO 1� Wo)O - NM V LOCO I--COM ra" z 0 u m CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 2/8/99 Subject/Agenda Item Proposed Pawn Shop Resolution Recommendation /Motion: Staff Recommends Approval of Resolution #x7`.999 Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney [ ] Approved Finance $ [ .] Approved w/condNlons Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [ )Not Required [ ] Other I Somitteck by: Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: This concept was presented to the Palm Beach County Chiefs of Police Association recently and was endorsed by them. In fact, Lake Park has just adopted such a resolution in their city. After careful review of the information, I endorse this resolution and recommend that it be adopted by'the City of Palm Beach Gardens. RESOLUTION 24, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, IN SUPPORT OF A REQUEST FOR THE STATE LEGISLATURE TO ENACT NEW LAWS REGULATING PAWNBROKERS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the pawnbrokers /second -hand dealers within the State of Florida have expanded rapidly over the last few years; WHEREAS, the State Legislature enacted State Statute 539 regulating pawnbrokers on a statewide basis under the Florida Department of Agriculture and Consumer Services; WHEREAS, in Florida Statute 539 the State superceded all previous local laws and restricted the ability of local governments to enact new laws pertaining to pawnbrokers; WHEREAS, pawnbrokers knowingly or unknowingly deal in stolen property; and WHEREAS, to reduce crime, arrest criminals, keep updated records and assist victims in recovering stolen items, an amendment to Florida Statute 539 is necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA. SECTION 1, The City Council of the City of Palm Beach Gardens, Florida, hereby supports a request for the State Legislature to enact laws regulating pawnbrokers with the following recommendations: A. Restoring property rights to victims (Changes in the statute allowing for easier recovery of stolen property by victims. The Statute makes recovery of stolen property difficult, time consuming and expensive for the victims. The Statute should be changed to give victims back the rights to their stolen property.) B. Removing conflicting provisions in Florida Statute 539.001. (Existing Florida Statute states in part that .... "any county or municipality may enact ordinances that are in compliance with, but not more restrictive than this section ". This should be changed so that counties and municipalities can enact more restrictive laws if deemed necessary.) C. Provide criminal penalties for repeated record keeping violations. (Many pawnbrokers have repeatedly provided incorrect information on transactions to law enforcement. This statutory amendment will provide for a felony charge for r RESOLUTION 24, 1999 PAGE 2 OF 2 pawnbrokers who have been convicted three times for knowingly providing false information.) SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER, CMC, CITY CLERK DAY OF FEBRUARY, 1999. MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO PALM BEACH GARDENS POLICE DEPARTMENT Office of the Chief of Police TO: Bobbie Herakovich, City Manager JAN 2 g � FROM: Chief James O. FitzGerald ir: DATE: January 28, 1999 SUBJECT: Pawn Shops This memo is in response to your request for a recommendation on the adoption of the resolution in support of a request for new laws regulating pawnbrokers. This concept was presented to the Palm Beach County Chiefs of Police Association recently and was endorsed by them. In fact, Lake Park has just adopted such a resolution in their city. After careful review of the information, I endorse this resolution and recommend that it be adopted by the City of Palm Beach Gardens. If you have any further questions or concerns, please do not hesitate to contact me. JOF /amm cc: Cindy Harvey \LORI P.O. Box 1989 West Palm Beach, FL 33402-1 989 (561) 355.2001 FAX: (561) 355 -3990 www.co.palm-beach.fl.us ■ Palm Beach County Board of County Commissioners Maude Ford Lee, Chair Warren H. Newell, Vice Chairman Karen T. Marcus Carol A. Roberts Mary McCarty Burt Aaronson Tony Masilotti County Administrator Robert Weisman *An Equal Opportunity Affirmative Action Employer" Printed on recycled paper ems — M, JAJ 2 6 W03 January 19, 1999 Honorable Joseph Russo, Mayor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Pawn Shops Dear Mayor Russo: D f � There are over 1400 licensed pawnbrokers in the State of Florida and many more are opening each month. Ten percent of pawn shops nationwide are located in Florida. Many factors contrib.ute.to this explosion, including crime, and population, but the weak laws that govern these businesses are also responsible. The Florida Pawnbroking Act (F.S. 539) when adopted removed the ability of local governments to pass and enforce more restrictive laws and ordinances. This Statute also mandated difficult and possibly costly mechanisms through the courts to return stolen merchandise located in pawn shops by victims. As a result, most victims just buy their personal belongings back. The Statute also places the regulation of the Statute under the Department of Agriculture and Consumer Services. To date,, no pawn shop licenses have been revoked and only a few small fines have been issued along with a handful of reprimands. In order to improve on this existing legislation, Palm Beach County will request your support of these critical issues regarding Florida Statute 539: u Restoring property rights to victims Changes in the.statute allowing for easier recovery of stolen property by victims. The Statute makes recovery of stolen property difficult, time,consuming and expensive for the victims. The Statute should be changed to give victims back the rights to their stolen property. Page Two �LOR194' • Removing conflicting provisions in Florida Statute 539 Existing Florida Statute states in part that ... "Any county or municipality may enact ordinances that are in compliance with, but not more restrictive than this sectiop ..." Thls should be changed so that counties or municipalities can enact more restrictive laws if deemed necessary. (Home Rule) • Provide criminal penalties for repeated record keeping violations Many pawnbrokers have repeatedly provided incorrect information on transactions to law enforcement. This Statute change will provide for a felony charge for pawnbrokers who have been convicted three times for knowingly providing false information. We would appreciate this issue being considered a priority of your community and hope you will discuss the issue with your local.law enforcement agencies, County governments, and other interested leaders. A letter of support or a resolution would be greatly appreciated. If you need further information, you may contact me or my staff at (561) 355- 2203. Sincerely, War /nH. e well Vice Chairman Board of County Commissioners WHN:bd. pawn- legislation Enclosure: -Draft Legislation -Draft Resolution 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l -Pwmr. 3 :r— A bill to be entitled An act relating to pawnbroking; amending §539.001(15), F.S., relating to claims against purchased goods or pledged goods held by pawnbrokers; amending §539.001(16)(a), F.S., providing for the. placementof a written hold order on property based on probable cause or articulable suspicion; amending §539.001(16)(e)2,F.S., providing that property be re ed to the claimant upon court order; am ding §5 F.S. relating to criminal penalties; 4 R ding §53' .S. providing for the ability of unties t enact restrictive than the provisions aw; providing effective date. Be It Enacted by the Legislature. Section 1. Subsection 3) of sec, n 539 �...� to read: (15) A Statutes, 1997, is amended ED GOODS OR PLEDGED GOODS ' To obi- �, � session of purchased or pledged goods held by a pa ro e ' claimant claims to be misappropriated, the claimant must notify „ . Pp the pawnbro ified mail, return receipt requested, or in person evidenced by signed receip oft e claimant's claim to the purchased or pledged goods. The notice must cont a a complete and accurate description of the purchased or pledged goods r and mast' be accompanied by a legible copy of the applicable law enforcement e; r` Me. gericy's report on the misappropriation of such property. The claimant must provide a_prooer receipt(s) evidencing proof of purchase of the misappropriated purchased or Qledged goods. Upon presentation of such proof,,the.pawngroker shalt immediately convey the misappropriated purchased or pledged goods to the claimant, In the event I Coding: words strick -cn are deletions; words underlined are additions. 1. 1, �l •. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 s 28 29 )0 the claimant_does -not have a proper receipt. -and if the claimant and the pawnbroker do not resolve the matter within 10 days after the pawnbroker's receipt of the notice, the claimant may petition the court to order the return of the property, naming the pawnbroker as a defendant, and must serve the pawnbroker. with a copy of the petition. The pawnbroker shall hold the property described in the petition until the right to possession is resolved by the parties or by a court of competent jurisdiction. The court shall waive any filing fee for the petition to recove, the proAl and the sheriff shall waive the service fees. e a b k t e c Urt for (b) If, after.notice and a misappropriated; emd orders the __... 1. The clai.lV- An t reasonable attorneys fees; service charaes. lop, We I a ggz "0 6 the YuvV-1AVrviCci is pawnbroker's L., ,. _C. ,�! that .L„ .,1.,' ♦. l' -:1,.A _.... ,. 1 :.L .L ., • �� / is iu� i vuil ui?u� ulul ul� /uililai"u lulu u w vlilYl j 'rrnu ull 11.4 U11 <.11I%.11W 111 Yuiu6iuYu lug v/vL11%.1 rr LJl, L uuJ ur,uuwc -u lv �./uu ucu u, un..t.luuuiuu -i3 w lvl unc uCwu a�'iw vuJCJ, iil%luuulb iCu3GiluLf u«3fft Coding: words strieken are deletions; words underlined are additions. I (d)W The sale, pledge, or delivery of tangible personal property to 2 a pawnbroker by any person in this state is considered to be: 3 1. An agreement by the person who sells, pledges, or delivers the 4 tangible personal property that the person is subject to the jurisdiction of the court in 5 all civil actions and proceedings arising out of the pledge or I sale transaction filed by 6 either a resident or nonresident plaintiff, 7 2. An appointment of the Secretary of State by annresident 8 of this state as that person's lawful attorney and agent upon y be served all 9 process in suits pertaining to the actions an eedings o of the sale, 10 pledge, or delivery; and { 11 3. An agreement by any 'd < t that any proce suit 12 so served has the same legaFforce and validi ;', nally served in this state. 13 14 Section 2. Subsection (16)(a) of rte, , , 39.001, a ' tatutes, 1997, is 15 amended to read: 16 17 (a) When an a priate law enforcement official ,has probable cause to 18 bclic v c or articula le s' �• tci t a property i the possession of a pawnbroker is 19 misappropriated a icialm'd tten hold order on the. property.. The 20 hold >.r all impos ding- period not to, exceed 90 days unless 21 ex b co n ; e appropriate law enforcement official may rescind, in 22 writt d orde propriate law enforcement official may place only one 23 lio' or de 24t,: 25 .* Section 3. Sulisection(16)(e) 2 of section 539.001, Florida Statutes, is amended -v 26 to read: � 27 vn v 28 Y. ` ''+ While a hold order is in effect, the pawnbroker must upon request release the 29 property subject to the hold order to the custody of the appropriate law enforcement 30 official for use in a criminal investigation. The release of the property to the custody 3 l of the appropriate law enforcement official is not considered a waiveror release of the 3 Coding: words strieken are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 pawnbroker's property rights or interest in the property. Upon completion of the criminal proceeding, the property must be returned to the pavmbroker claimant unless the court orders other disposition. Upon ordering that the property be returned to the claimant. TV IL �•• °'- •'- r�'� �° a the, court shall additionally order Yl llV.11 JUVII VL11LL -41J J111V 11 -LJ V1ULILU., the conveying customer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property together with reasonable attorney's fees and costs. i�' A Section 4. Subsection (17) of Section 539 to read: (17) CRIMINAL PENALTIES. (a) Any person who engages i securing a license commits a felony of 775.082, s. 775.083, or s. 775.084 (b) In addition to other peal "` < < "e'r1; who knowingly vY•ii� u..� violates this section or why: win ; ` m es a false entry in any record specifically required ,� Lis sector commits misdemeanor of the first degree, 75VY .083. convicted three times,pursuant.to paragraph is amended ,ine a broker without first degree, as provided in s. Lnie as pro a.� stn s. i iDpu,6 (c) An, -r on whq -... Section 5. to read: ion (20) of section 539.001, Florida Statutes, 1997, is amended r-tn\ Onl,rrr rr_•r MU- nn t"1rAr A T. If' r.O --A-., vl�L I:L%- ILLIv IlLWL11IC111t+L —J. cusp LVUIIL7 VI liIULlILLIJU11L. llluy t...U. . _w _ __ ._: .:.. •L. .�: LLICLLL ZJ1l1I1LLlI1LLJ Ll1Ul U1L -- Ill- LVI1l1Jl ILLL IL.L YY 1111, VL ILV I- IIIVIL lLJll lLllYL 111U11 -1111) 3� �,Lwll, ins L�l ulul 1v� U1vCulfl &il%LJ liluy floc i%SI Iti., 11—V vl vli� luuvuJ vUw/ ulcil4 bc-twect-i-ni-Idnig-itt-� inuiiL:C. -iaul L.viu u�.13- ♦lul -alit .iuwwllvtl - -i� 4 Coding: words atric'L,l are deletions; words underlined are additions. M •4. 1 2 3 4 5 6 7 8 9 10 11 12 13 L2..LL1� LL:wswwL:wrwL_it. � ,.L LL_ _..LLw.A.kY �VLL1111� 111ZLLLJ JyVLIV LL JLILIll LL11LrNL 41N LLLLLL1VlLL,' Vi,µ yVL.1.1 /,y Vl IlLLYLLy1iJLLll L,' LW _L L�1...L han-' use w L.._1w VJ LPL VLLJLl •GLLLV LLJy yVlLLLV1J VA. -lyl "LA.N GL ru'rvuulVww LV VVKALLL LL LV VGLL Vyy1.LtJKL1V L1Lll (20) LOCAL REGULATION OF PAWNBROKERS. Nothing-in this chapter shall preclude political subdivisions of the state from e,nactine laws Mora restrictive than the prpv{$ign,$ of this chapter, Section 6. This act shall take effect upon O:ICOMMON\ATM W PDATATNV tR�LO EB B ERTA 5 Coding: words mtriekett are deletions; words underlined are additions. FROM: PHONE NO.: Jan 29, 1999 11:09.AM P2/4 Palm Beach County LEAGUE 01 CITIES, INC. P.O. BOX 1969, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (561) 355-A484 FAX: (561) 355 -6545 www.tallenCoo.palm- beach.fl.us MEMORANDUM TO: City Managers FROM: Robert A. Burdett Executive Director DATE: January 29,1999 SUBJECT: Resolution - Pawn Shop Legislation Attached is the resolution adopted unanimously by the Palm Beach County League of Cities at their January 27, 1999 General Membership meeting in support of proposed pawn shop legislation. Cities are encouraged to adopt similar resolutions and forward them to the Palm Beach County Legislative Delegation and the Florida League of Cities. attachment FROM: PHONE NO.: Jan 29, 1999 11:09 AM P 3/4 RESOLUTION NO. 9.8 -0 A RESOLUTION OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC, SUPPORTING PROPOSED LEGISLATION RELATED TO PAWNBROKERS; PROVIDING FOR AMENDMENTS TO SECTIONS 539.001(15)AND(20), FLORIDA STATUTES WHICH WOULD REQUIRE PAWNBROKERS TO CONVEY MISAPPROPRIATED GOODS TO A VALID CLAIMANT UPON PROOF OF OWNERSHIP AND ALLOW PAWNBROKERS TO RECOVER THEIR COSTS FROM THE CUSTOMER CONVEYING THE MISAPPROPRIATED GOODS; FURTHER PROVIDING THAT POLITICAL SUBDIVISIONS MAY ENACT ORDINANCES MORE RESTRICTIVE THAN THE STATE LAW; ENCOURAGING ALL MUNICIPALITIES TO EDUCATE THEIR CITIZENRY ON THE IMPORTANCE OF AND NEED FOR THE PASSAGE OF THIS BILL BY THE LEGISLATURE OF TI-- STATE OF FLORIDA; AUTHORIZING THE SUBMITTAL OF A COPY OF THIS RESOLUTION TO THE FLORIDA LEAGUE OF CITIES, INC., THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, AND . ALL MUNICIPALITIES IN PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the burden for reclamation of misappropriated goods 11cld by a pawnbroker is now placed on the claimant under Chapter 539, Florida Statutes, to the extent that the claimant must first petition the court when disputes between the pawnbroker and the claimant arise; and WTIEREAS, the claimant may be denied immediate access to his misappropriated goods under Chapter 539, Florida Statutes, even when claimant has provided evidence of proof of ownership of the misappropriated goods; and WHEREAS, the amendments to Sections 539.001(15) and (20) provide that the claimant may obtain immediate possession of his misappropriated goods subject to a later restitution claim initiated by the pawnbroker alter conveying the property to the. claimant; and WIIEREAS, the proposed amendment provides that cities may enact more restrictive pawnbroking laws than those provisions found in Chapter 539, Florida. Statutes; and WIIE.REAS, the proposed bill by the Legislature of the State of Florida amending Chapter 539. Pawrnbroking. creates a more fair and just process for the return of goods to the majority of citizens whose goods have been misappropriated in the County of Palm Beach and throughout the State of Florida. FROM: PHONE NO.: Jan 29, 1999 11:10 AM P4/4 NOW, THEREFORE BE IT RESOLVED BY TB.F. PALM BEACH COUNTY LEAGUE OF CITIES, INC., THAT; Section 1. That the Palm Beach County League of Cities, Inc. does hereby endorse passage of the proposed legislation providing for amendments to Sections 539.001(15) and (20), Florida Statutes, relating to claims against purchased and pledged goods and to local regulation of Pawnbrokers; and urges its members to work for Passage of this amendment. Section. 2. That copies of this resolution shall be forwarded to The Florida League of Cities Inc., The Palm Beach County Legislative Delegation, and all Mimicipa.lities in Palm Beach County. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this � `/g day of �-/ a1laL&?if., '1991. PALM BEACH COUNTY LEAGUE OF-CITIES, INC. Richard Radcliffe, Presidenv�.l— AT Jc - (SEAL) Mo Thornton, Secretary/Treasurer P: dmx%Munieipol L4ngm\Lc4Fpc iti"Aa tu- Pawnbrok-nt.wT-i — 2 — PHONE: (561) 965 -1744 CITY OF FAX: (561) 642 -1806 WILLIAM P. HOWELL FLORIDA MAYOR December 17, 1998 260 ORANGE TREE DRIVE ATLANTIS, FLORIDA 33462 -1193 MO THORNTON CITY MANAGER 'lo: The Florida League of Cities, Inc. The Palm Beach County Legislative Delegation All Municipalities in Palm Beach County From: Betty A. Yon' �ity Clerk Attached please find a copy of Resolution No. 98 -19 supporting proposed legislation related to pawnbrokers; providing for amendments to sections 539.001(15) and (20), Florida:Statues which would require pawnbrokers to convey misappropriated good to a valid claimant upon proof of ownership and allow pawnbrokers to recover their costs from the customer conveying the misappropriated goods. /bay Enclosure .. 1-9aA09'o4 RCVD 12 2 RESOLUTION NO .,.98-19 A RESOLUTION OF THE CITY OF ATLANTIS, FLORIDA, SUPPORTING PROPOSED LEGISLATION RELATED TO PAWNBROKERS; PROVIDING FOR AMENDMENTS TO SECTIONS 539" 001(15)AND(20), FLORIDA STATUTES WHICH WOULD REQUIRE PAWNBROKERS TO CONVEY MISAPPROPRIATED GOODS TO A VALID CLAIMANT UPON PROOF OF OWNERSHIP AND ALLOW PAWNBROKERS TO RECOVER THEIR COSTS FROM THE CUSTOMER CONVEYING THE MISAPPROPRIATED GOODS; FURTHER PROVIDING THAT POLITICAL SUBDIVISIONS MAY ENACT ORDINANCES MORE RESTRICTIVE THAN THE STATE LAW; ENCOURAGING ALL MUNICIPALITIES TO EDUCATE THEIR CITIZENRY ON THE IMPORTANCE OF AND NEED FOR THE PASSAGE OF THIS BILL BY THE LEGISLATURE OF THE STATE OF FLORIDA; AUTHORIZING THE SUBMITTAL OF A COPY OF THIS RESOLUTION TO THE FLORIDA LEAGUE OF CITIES, INC., THE PALM BEACH COUNTY LEGISLATIVE DELEGATION, AND ALL MUNICIPALITIES IN PALM BEACH COUNTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the burden for reclamation of misappropriated goods held by a pawnbroker is now placed on the claimant under Chapter 539, Florida Statutes, to the extent that the claimant must i first petition the court when disputes between the pawnbroker and the claimant arise; and WHEREAS, the claimant may be denied immediate access to his misappropriated goods under Chapter 539, Florida Statutes, even when claimant has provided evidence of proof of ownership of the misappropriated goods; and WHEREAS, the amendments to Sections 539.001(15) and (20) provide that the claimant I may obtain immediate possession of his misappropriated goods subject to a later restitution claim initiated by the pawnbroker after conveying the property to the claimant; and WHEREAS, the proposed amendment provides that cities may enact more restrictive pawnbroking laws than those provisions found in Chapter 539, Florida Statutes; and WHEREAS, the proposed bill by the Legislature of the State of Florida amending Chapter 539. Pawnbroking. creates a more fair and just process forithe return of goods to the majority of citizens whose goods have been misappropriated in the Cou I nty of Pahn Beach and throughout the State of Florida. n NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATLANTIS, FLORIDA, THAT; Section 1. That the City of Atlantis does hereby endorse passage of the proposed legislation providing for amendments to Sections 539.001(15) and (20), Florida Statutes, relating to claims against purchased and pledged goods and to local regulation of Pawnbrokers; and urges its members to work for passage of this amendment. Section 2, That copies of this resolution shall be forwarded ;to The Florida League of Cities Inc., The Palm Beach County Legislative Delegation, and all Municipalities in Palm Beach County. Section 3, This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 16164 day of „ 1998. EA Aye Aye ' Ay�i A ye Aye CIT � Nay Mayor William f Hoell I �� Z,4�— 7 ;A,,Am� Nay }ce)4ayv Cly F. F er „ Nay e of E. Fields Nay 'Councilmen&r- MiWael C. Dahlgren Na Co �ilwomanJoaY In erso 1Y g ATTEST: � M 4 U� Betty A. Ypi, C' Clerk Approved as to fosm and legal and legal sufficiency '1 efa J. White, �Vity Attorney iS)3i)1 F: \docs\ ATLANTIS\Reso lutions\Resolu98- 19.wpd -2- (Seal) CITY OF PALM REACH GA"ENS CITY COUNCIL Agenda Cover Memorandum _ late: February 19, 1999 )ate Prepared: February 11, 1999 Subject /Agenda Item: Workshop/First Reading: Ordinance 11, 1999 - City Centre Parcel F Amendment Recommendation/Motion:, Staff recommends approval of Ordinance 11, 1999. Itoviewed by: n r� I f) Originating Dept.: Costs: $ Council Action: City Attorney C cf b Growth Management Total [ ] Finance 'NA AGM 1; $ Current FY [ ] Approved wtanlitinu [ ] Denied Human ltes._ NA other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other Ordinance 11, 1999 Ordinance 15, 1997 Site Plan [ ] Not required City Engineer Comments Submitted by: G ana me t D' ecto Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ j Net required REQUEST: Ordinance 11, 1999 is a request by Anthony E. Oliver of Oliver Glidden k Partners, Inc., agent for P.G. Partners, for approval of an amendment to the existing Planned Unit Development (PUB) known as "City Centre", located at the intersection of PGA Boulevard and U.S. Highway One on the south side of PGA Boulevard; to amend Ordinance 15, 1997; to revise the approved master plan for Parcel F; to reduce the building height from 11 stories to 6; to slightly change the design of the building; to revise the parking area around the building; to eliminate theright turn only exit onto Ellison Wilson Read; to add 2 drive - through lanes; to reduce the size of 'the parking garage; to revise the approved landscape plan; to revise, the approved master phasing plan; tit revise the approved elevations; to revise the approved floor plans; and to revise the approved parking garage plan; (04- 42S -43E) Agenda Cover Memorandum Page 2 BACKGROUND: February 18, 1999 This site was approved as a PUD by Ordinance 15, 1997. This PUD, was approved for 228,790 square feet of office, retail, bank, and restaurant space. The applicant has started construction on Parcel D and E and is ready to start Parcel F. REVIEW PROCESS: This is a request for an amendment to a site plan within a PUD. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Planning and Zoning Commission. After review of the proposed PUD at a workshop meeting, the Planning and Zoning Commission shall schedule a public hearing for which the applicant shall provide proper notice to surrounding property owners. At this meeting, the Planning and Zoning Commission shall prepare a record of the proceedings and transmit them to the City Council, along with their recommendation. The City Council shall hold a public hearing after giving due public notice. The City Council reviews the request for a PUD amendment for consideration of approval, approval with conditions, or denial. PROJECT DETAILS: Below is a list of changes that the applicant is proposing: ♦ Reduce the approved 135,000 square foot, 11 -story building to a 75,000 square foot, 6 -story building. ♦ Two drive -up tellers have been added to the south side of the 'building. ♦ A minor change in the design of the building (please see attached copy of the previously approved plan) ♦ The parking area around the building has been amended. ♦ The right turn lane onto Ellison Wilson Road has been eliminated (the main entrance has not changed). The building materials, signs, and colors remain the same. Please see Table A on page S for code compliance and site analysis. 2 Agenda Cover Memorandum Page 3 DEPARTMENTAL COMMENTS February 18, 1999 Building Building Official Jack Hanson has two comments. One is that the tenant name is located higher on the building elevation than the code allows. The other is that there are two of the same tenant's name on one elevation while the code only allows one. Engineering Assistant City Engineer Tammy Jacobs has reviewed the revised plans and has recommended approval with two conditions (see below). Citv Fore$ler Mr. Hendrickson has reviewed the plans. He would like the applicant to include the same landscape treatment around the FP &L poles south of the Ellison Wilson Road entrance as is occurring north of the entrance. Mr. Hendrickson would also like more landscaping around the base of the proposed building. The applicant has satisfied these requests. Fire Department The Fire Department did not have any further concerns about access. Police Department Officer Gwen Fleming made some comments at the November 3, 1998. - Development Review Committee meeting. Most of her concerns were about lighting and safety in the parking garage. Her comments will be distributed at this meeting. In addition, the Police Department would like to see a glass elevator in the parking garage to provide more security. Seacoast Utility,4uthority Seacoast Utility Authority has no further concerns. STAFF RECOMMENDATION: Staff recommends approval of petition PUD -98 -07 with 2 conditions of approval as listed below: Prior to construction plan approval for Parcel F, the applicant shall revise the 8 -foot drive - through lanes to a minimum 10 feet wide. The 10 foot minimum lanes are based on the PBC Site Development Standards, Article 7. (City Engineer) 2. Prior to the issuance of the building permit for Parcel F, the applicant shall submit the balance of the $125,000.00 representing the applicant's contribution toward the six -lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of credit in the amount of $14,344.25 for Parcel E and $18,442.61 for Parcel D. Therefore the balance for Parcel F is $92,213.14. (City Engineer) Agenda Cover Memorandum Page 4 PLANNING AND ZONING COMMISSION MEETINGS: February 18, 1999 The petition was reviewed by the Planning & Zoning Commission on November 10, 1999 and January 12, 1999. The Commission members recommended approval of the petition with a 7 -0 vote with six conditions: (NOTE: The applicant has since satisfied numbers 1- 5 of the conditions of approval recommended by the Planning & Zoning Commission.) 1. Prior to scheduling for a City Council meeting, the applicant shall revise the Parcel F Elevations, Sheet F.3, removing the proposed lettering on thee. awning. (Planning & Zoning) 2. Prior to scheduling for a City Council meeting, the applicant shall depict existing water and sewer lines and utility easements on the site plans and landscape plans. (Planning & Zoning) 3. Prior to scheduling for a City Council meeting, the applicant shall add horizontal control, lane widths and radii to the "one -way" drive aisle and drive - through lanes. The applicant shall also cite the standards by which the 8' drive - through lanes are based upon. (City Engineer) 4. Prior to scheduling for a City Council meeting, the applicant shall revise the landscape plans to show the same landscape treatment around the FP &L poles south of the Ellison Wilson Road entrance as is occurring north of the entrance. (City Forester) 5. Prior to scheduling for a City Council meeting, the applicant shall revise the landscape plans to show increased landscaping around the base of the building similar to what was approved for Parcel F in the original approval (Ordinance 15, 1997) (City Forester) 6. Prior to the issuance of the building permit for Parcel F, the applicant shall submit the balance of the $125,000.00 representing the applicant's contribution toward the six -lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of credit in the amount of $14,344.25 for Parcel E and $18,442.61 for Parcel D. Therefore the balance for Parcel F is $92,213.14. (City Engineer) Since the January 12, 1999 meeting, the applicant has resubmitted the requested plans, which have been reviewed by the City Engineer. The City Engineer has added one condition of approval regarding the drive - through lanes (see Page 3). Agenda Cover Memorandum February 18, 1999 Page 5 TABLE A CODE COMPLIANCE AND SITE ANALYSIS Subject Property: Commercial w/PUD overlay Commercial City Centre Planned Unit CG1 C Development North: Residential Medium Residential Medium Palm Beach County RM RM Residential South: General Commercial Commercial Village of North Palm Beach CG1 C Commercial East: General Commercial Commercial Commercial (consisting of CG1 C professional office) West: General Commercial - ' Commercial Vacant CG1 C Consistent ? Code Requirement Proposed Plan Yes CG1 - General Commercial CG1 - General Commercial Yes Front Setback: 20' min. Parking Garage: 42' Yes Side Setback: 15' min. Parking Garage: 34' Yes Rear Setback: 15' min. Parking Garage: 43' Yes i Parking Required: Office - 192 Parking Garage Spaces 1 space /300 square feet: 89 Surface Parking Spaces 70,500/300 = 235 spaces 281 Total Yes Parking Required: Bank 1 space /250 square feet 4,500/250 = 18 spaces 235 + 18 = 253 spaces total Agenda Cover Memorandum Page 6 February 18,1999 Yes Handicap Parking Required: 7 Spaces 7 spaces Yes Open Space Required: 15% min. 32.57% Originally approved by City Building Height: 36' 103'4.5" Council for 167' 8" Yes Building Lot Coverage: 35% max. 18.43% GAShort Range \PUD9807.cc.wpd February 8, 1999 February 11, 1999 ORDINANCE 11, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE EXISTING PLANNED UNIT DEVELOPMENT KNOWN AS "CITY CENTRE ", LOCATED AT THE INTERSECTION OF PGA BOULEVARD AND U.S. HIGHWAY ONE ON THE SOUTH SIDE OF PGA BOULEVARD; TO AMEND ORDINANCE 15, 1997 TO REVISE THE APPROVED MASTER PLAN FOR'PARCEL F; TO REDUCE THE BUILDING HEIGHT FROM 11 STORIES TO 6; TO SLIGHTLY CHANGE THE DESIGN OF THE BUILDING; TO REVISE THE PARKING AREA AROUND THE BUILDING; TO ELIMINATE THE RIGHT TURN ONLY EXIT ONTO ELLISON WILSON ROAD; TO ADD, 2 DRIVE - THROUGH LANES; TO REDUCE THE SIZE OF THE PARKING GARAGE; TO REVISE THE APPROVED LANDSCAPE PLAN; TO REVISE THE APPROVED MASTER PHASING PLAN; TO REVISE THE APPROVED ELEVATIONS; TO REVISE THE APPROVED FLOOR PLANS; AND TO REVISE THE APPROVED PARKING GARAGE PLANS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a petition from P.G. Partners, for approval of an amendment to the existing Planned Unit Development known as "City Centre ", located at the intersection of PGA Boulevard and U.S. Highway One on the south side of PGA Boulevard; to amend Ordinance 15, 1997; to revise the approved master plan for Parcel F; to reduce the building height from 11 stories to 6; to slightly change the design of the building; to revise the parking area around the building; to eliminate the right turn only exit onto Ellison Wilson Road; to add 2 drive - through lanes; to reduce the size of the parking garage; to revise the approved landscape plan; to revise the approved master phasing plan; to revise the approved elevations; to revise the approved floor plans; and to revise the approved parking garage plan; and WHEREAS, City Centre was approved as a Planned Unit Development by Ordinance 15, 1997; and WHEREAS, the petition is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1, The City Council of the City of Palm Beach Gardens, Florida, hereby approves the amendment to the existing Planned Unit Development known as "City Centre ", located at the intersection of PGA Boulevard and U.S. Highway One on the south side of PGA Boulevard; to amend Ordinance 15, 1997; to revise the approved master plan for Parcel F; to reduce the building height from 11 stories to 6; to slightly change the design of the building; to revise the parking area around the building; to eliminate the right turn only exit onto Ellison Wilson Road; to add 2 drive - through lanes; to reduce the size of the parking garage; to revise the approved landscape plan; to revise the approved master phasing plan; to revise the approved elevations; to revise the approved floor plans; and to revise the approved parking garage plan. SECTION 2, Said Planned Unit Development is approved subject to the following condition which shall be the responsibility of the applicant, its successors and /or assigns: Prior to the issuance of the building permit for Parcel F, the applicant shall submit the balance of the $125,000.00 representing the applicant's contribution toward the six -lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of credit in the amount of $14,344.25 for Parcel E and $18,442.61 for Parcel D. Therefore the balance for Parcel F is $92,213.14. (City Engineer) 2. Prior to construction plan approval for Parcel F, the applicant shall revise the 8 -foot drive - through lanes to a minimum 10 feet wide. (City Engineer) SECTION 3, Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department. These plans shall supercede plans with the same title approved by Ordinance 15, 1997 (all other plans remain unchanged): 3. December 7, 1998 Master Plan by Oliver Glidden & Partners, Sheet SP 4. December 7, 1998 Master Plan Phasing Plan by Oliver Glidden & Partners, Sheet SPPH. 5. December 7, 1998 Parcel F Parking Garage Plans and Elevations by Oliver Glidden & Partners, Sheet F.1 6. December 7, 1998 Office Building Floor Plans by Oliver Glidden & Partners, Sheet F.2 7. January 25, 1999 Parcel F Office Elevations by Oliver Glidden & Partners, Sheet F.3 8. December 18, 1998 Parking Garage Photometrics by Oliver Glidden & Partners, Sheet F.4 9. January 27, 1999, Landscape Plan by Oliver Glidden & Partners/Urban Design Studio, Sheet L -1. 10. October 16, 1998, Landscape Plan by Oliver Glidden & Partners/Urban Design Studio, Sheet L -2 SECTION 5, This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF '1999 PLACE ON SECOND READING THIS PASSED AND ADOPTED THIS THE MAYOR JOSEPH RUSSO DAY OF '1999 DAY OF .1999. COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Range \PUD9807.or.wpd AYE NAY ABSENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF THE OAKBROOK CENTER PLANNED UNIT DEVELOPMENT AND THE FLAME. BUILDING PLANNED UNIT DEVELOPMENT FOR SITE PLAN APPROVAL OF OFFICE, RETAIL, BANK, AND RESTAURANT SPACE; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has received an application to amend the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development, located at the southwest comer of PGA Boulevard and U.S. Highway One, to seek site plan approval for 228,790 square feet of office, retail, bank, and restaurant space, and WHEREAS, the City Council of the City of Palm Beach Gardens has determined that the application is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the amendment to the Oakbrook Center Planned Unit Development and the Flame Building Planned Unit Development, located at the southwest corner of PGA Boulevard and U.S. Highway One, for site plan approval for 228,790 square feet of office, retail, bank, and restaurant space. The project shall henceforth be known as the City Centre Planned Unit Development. SECTION 2. Approval of the amendment is approved based on compliance with the following conditions of approval; 1. If the Sausage treee or Ficus tree dies, the tree(s) shall be replaced with another specimen tree. The type of tree shall be determined by the property owner and the City Forester. 2. Stop signs, stop bars and right turn only sign; shall be added to the Civil Construction Plans as needed prior to the issuance of the first building permit. 3. Construction of the first phase of Ellison Wilson Road improvements required for this project shall be complete prior to the issuance of the next building Certificate of Occupancy for the project. The balance of Ellison Wilson Road improvements required for this project shall be completed when access to the project is constructed in the southwest corner of the property. 4. Within the first six months after approval of this Development Order, the applicant shall apply for and diligently seek to obtain a permit from the Department of Transportation (DOT) for a median opening on U.S. Highway One in accordance with the DOT Access Management Master Plan dated April 5, 1996 by William A. Lewis, Jr. P.E., District Traffic Operations Engineer (a copy of which is attached as Exhibit "A'�, for constructing the new median opening on U.S. Highway One as referenced in the Access Management Master Plan for Oakbrook Drive (proposed), and for the purpose of serving the proposed interconnecting road between U.S. Highway One and Ellison Wilson Road. The new median opening and two lanes of the proposed interconnecting along the south boundary of the property between U.S. Highway One and Ellison Wilson Road shall be constructed prior to the earlier of (1) the closing of the existing U.S. Highway One directional median opening serving the project; or (2) issuance of a Certificate of Occupancy for Building F. Approval of the DOT permit and approval of the plans for the median opening and roadway construction must be accomplished prior to the issuance of the permit for Building F. Notwithstanding the foregoing, if the DOT Construction Permit for the new median opening cannot be obtained, the petitioner may proceed with construction of Building F as long as the petitioner agrees to provide access, ingress and egress to the adjacent property owners to the south and/or east, with the understanding and provision that the petitioner is granted equivalent reciprocal access, ingress and egress rights across the property to the east and/or south for the petitioner's equal use of the interconnecting roadway. 5. A final plat for this project shall be approved by City Council and recorded in the public records of Palm Beach County prior to the issuance of any Certificate of Occupancy for any buildings. Staff approval of a preliminary plat conforming to the City's LDR's and fully executed, with the exception of the existing land owners' interests, shall be submitted and approved by staff prior to issuing any permits for additional horizontal or vertical construction. To assure that construction is in accordance with approved civil construction plans and specifications and meets the requirements for the remaining signatories to execute the plat, the applicant shall post surety acceptable to the City for the construction of internal roadways and related site improvements, and for the parking improvements for Parcel "Al" and Parcel "B." In addition, any public improvements and landscape requirements will be subject to appropriate surety, which will be processed and released in accordance with standard procedures set forth in the City's Codes and Ordinances. Ordinance 15, 1997 Page 2 6. The new construction shall be designed such that the overall P.U.D. meets the City's criteria for level of service and performance standards as it relates to storm water run- off and a surface water management system. This requirement includes obtaining the necessary approvals for a positive outfall before any permits are issued for the next building or civil site construction. 7. The petitioner shall post a letter of credit ( "L.C. ") or other surety bond ( "bond ") acceptable to the City in the total amount of $125,000 which sum will represent the petitioner's contribution toward the six -lane improvement on -.PGA Boulevard between U.S. 1 and Ellison Wilson Road. The L.C. or bond will be posted'in percentage increments upon issuance of building permits with the percentage based on the ratio of square footage of the phase being constructed to the total new construction of 1$3,000 square feet. For example, if the construction sequence is Parcel D, then Parcel E, and finally Parcel F, the initial amount of the L.C. or bond to be posted is $18,443 due prior to the issuance of the! building permit for the building located on Parcel D. The L.C. or bond amount would be increased to $32,787 prior to the issuance of the building permit for the: building located on Parcel E and would be further increased to the total amount of $125,000 prior to the issuance of the building permit for the building located on Parcel F. The terms of the L.C. or bond shall allow the City to call an amount equal to 14.5% of the L.C. or bond amount posted at any given time upon the City's receipt of evidence that the Florida Department of Transportation (DOT) has executed a contract with an engineering firm for the design of the referenced improvement. The remaining balance of the L.C. or bond as may exist from time to time may be called by the City upon the City's receipt of evidence that the DOT -has executed a contract for the construction of the referenced improvement. The L.C. or bond will expire on the date which is one year from the date that the certificate of occupancy is issued for the last building to be constructed. The City will not be entitled to make any calls on the L.C. or bond on or after that date. 8. The median on PGA Boulevard between U.S. 1 and Ellison Wilson Road shall have a Bominite -type treatment prior to the Certificate of Occupancy of the first building, subject to Florida Department of T—fansportation approval. 9. There shall be two royal palms planted along the U.S. 1 entry drive, prior to the Certificate of occupancy of the first building. 10. The property owner shall maintain all right -of -way landscaping, subject to Florida Department of Transportation approval. 11. The petitioner shall make provisions at the southwest corner of PGA Boulevard and U.S. Highway One for a location to place a "Welcome to the City of Palm Beach Gardens" sign. The sign location and design to be approved by the applicant and the City and the sign's size and character to be integrated into the project's sign program. .Ordinance 15,1997 Pam-, I 12. After each phase/building Certificate of Occupancy is complete, the Landscape Architect of Record shall certify to the City in writing that the landscaping has been installed per the approved landscape plan. 13. The site plan shall limited to 181,390 square feet of office space (which includes up to 8,000 square feet of non - drive -thru bank space in Building F), 35,000 square feet of retail space, 3,300 square feet of drive -in bank use, and 9,100 square feet of restaurant space. 14. All the applicant's and petitioner's obligations set forth in the foregoing conditions, financial or otherwise, shall be fulfilled by petitioner, PG Partners and its successors or assigns. 15. Applicant shall return with a complete sign package for City Council approval within 30 days of the adoption of this Ordinance. SECTION 3. Construction of said Planned Unit Development shall be in accordance with the following plans on file with the City's Planning and Zoning Department: 1. March 10, 1997 Master Plan by Oliver Glidden and Partners. Page SP -1. 2. March 10, 1997 Site Sections Plan by Oliver Glidden and, Partners. Page SP -2 3. March 10, 1997 Master Plan Phasing Plan by Oliver Glidden and Partners. Sheet SPPH. 4. July 3, 1996 Parcel D Floor Plan and Elevations by Oliver Glidden and Partners. Sheet D.1. 5. March 10, 1997 Parcel E Floor Plan and Elevations by Oliver- Glidden and Partners. Sheet E.1. 6. July 3, 1996 Parcel F Parking Garage Plans and Elevations by Oliver Glidden and Partners. Sheet F.1. 7. June 3, 1996 Office Building Floor Plans by Oliver Glidden and Partners. Sheet F.2. 8. June 4, 1996 Parcel F Elevations by Oliver and Glidden and Partners. Sheet F.3. 9. July 3, 1996 PGA Boulevard Streetscape Elevation by Oliver Glidden and Partners. Sheet ELI. 10. July 3, 1996 Ellison Wilson Road Streetscape Elevation by Oliver Glidden and Partners. Sheet EL2. 11. October 9, 1996 South Roadway Streetscape Elevation by Oliver Glidden and Partners. Sheet EL3. 12. March 11, 1997 and July 3, 1996 Landscape Plan by Urban Design Studio. Sheets L -1, L -2, and L -3. 13. July 1996 Preliminary Site Drainage Plan by Messler and Associates. Sheet C -1. 14. December 23, 1996 U.S. 1 Planting Plan by Oliver Glidden and Partners. Sheet 1. SECTION 4. This Ordinance shall be effective upon adoption. Ordinance 15, 1997 Page 4 PLACED ON FIRST READING THISa0"-'6AY OF �'� 1997. PLACED ON SECOND PASSED AND ADO D READING �?� -DAY OF DAY OF 19 1997. 97. MAY` yJOSEPH R. RUSSO CO DA MONROE VICE MAYOR LAUREN FURTADO Couxc4emEmaaftk ICLJABLIN ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY:_�L/ _ VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK n5bNCILMEMBER DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY AB-S �3 Ordinance 15,1997 Page 5 LOCATION MAP wlAtlanttc U R� �� dgewater )r _ „ - - - -W Juno Rd ++ < RD > N Wallen Ctr...... 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SUIWEVORS & MAPPERS C-- MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: February 9, 1999 SUBJECT: City Centre, Parcel F (LBFH File No. 95 -2050) We have reviewed the revised Preliminary Drainage Plan prepared by Messler & Associates received February 1, 1999, We offer the following comments: 1) Previously Satisfied. 2) Conditionally Satisfied. Prior to the issuance of the building permit for parcel F, the applicant will need to submit the balance of the $125,000.00 representing the applicant's contribution toward the six -lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of credit in the amount of $14,3444.25 for parcel E and 818,442.61 for Parcel D. Therefore, the balance for parcel F is $92,213.14. -._._7 3) 4) 5) 6) 7) Previously Satisfied. Previously Satisfied. - ���'y,'� °a�� Previously Satisfied. Previously Satisfied. Conditionally Satisfied. Prior to final City Council approval, the applicant will need to revise the 8' drive through lanes to a minimum 10' wide. The 10' minimum lanes are based on the PBC Site Development Standards, Article 7. 8) Previously Satisfied, 9) Previously Satisfied. 10) Previously Satisfied, 11) Previously Satisfied. 385;0 S.W. COAPORArE PARKWAY • PALM C17Y, FLORIDA 34990 - (,"1) 286.3£;8:3 • FAX: (551) 286.3925 ntr�a�nrnnN.lptr,.cnm • e- mail, inrc>�<nnin.ram I fl Y _'Al s7 iwm III!.^(:) I f�.�hT IMPI ('I' (Xrl'CHUHEt FEB -09 -1999 09:29 LBF &H — STUART 561 286 3925 P.03iO4 12) Conditionally Satisfied. Prior to final City Council approval, the applicant shall correct the limit of Phase 4 within parcel F. The Phase 4 limit should be revised to include the additional seven parking spaces at the northwest corner of the fountain area. 13) Previously Satisfied. The applicant has identified the sidewalk width as 5' minimum. T] P:IPBGMEM0\205Oz3.doc C: Bobbie Herakovich Roxanne Manning t-l- wy