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Home My WebLink AboutAgenda Council Agenda 020499All 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 REGULAR MEETING CITY OF PALM BEACH GARDENS FEBRUARY 4,199,8' 7:36 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL: Mayor Russo Vice Mayor Furtado, Councilman Jablin, Councilman Clark, Councilm Sabatello III. ANN@-UNCEMENTS Tuesday, February 9, 1999, 6:30 P.M., Planning & Zoning Commission Wednesday, February 10, 1999, 7:30 P.M., Education Advisory Board Monday, February 8, 1999, 7:00 P.M., Joint Council Meeting with City of Riviera Beach Monday, February 15, 1999, Administrative Offices Closed - President's Day IV. CITY MANAGER REPORT V. PRESENTATIONS 1. Presentation by Commissioner Karen Marcus re: County Bond Referendums 2. Construction Manager's Report VI. AWARDING OF JBIBS: II. ITEMS BY MAYOR ANID CITY COUNCIL VIII. COMMENTS FROM THE PUBLIC (Please submit request card to Clerk) IX. VPNSENT AGENVA � I UEJLIC HEARINGS . ( vrumance 40. 1 p• v Amending Ordinance -15. TIEN7_ Whicb Apprnveti :4 XI. RESOLUTIONS: �r 1. Resolution 8, 1999 - Consideration of Appointment of *One Member to the General Pension Board -� 2. Resolution 9, 1999 - Consideration of Appointment of One Member to the Police Pension Board Y j3. Resolution 12, 1999 - Consideration of Approval of Lot 3, South Park Building Signs (Icon and Landis). 4. Resolution 13, 1999 - Consideration of Approval of Hampton Inn Art. [ZDINANCES: Ordinance 3, 1999 - Providing for Amendment of Chapter 2, Division 4 of the Code of Ordinances Entitled "Planning & Zoning Commission ". (Consideration of First Reading) Ordinance 10, 1999 - Approving Phase II of the Village Square Professional Park Site Plan (Consideration of First Reading) XIII. ITEMS FOR C01UNCIL ACTION IV. ITEMS FOR DISCUSSION 1. Proposed permitted uses for the 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. (Workshop) 2. Proposed permitted uses for the 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, 12,654 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. (Workshop) . 3. Proposed permitted uses for the 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. (Workshop) XV. IT, e�han 5 days ppor to the nroceedinar at telenhcne dumber 05611 775 -8255 for asS�ctance if hParinss imnai- ltelephone thg Florida Relav Seryic�,Numherc (800) 955- 8771(TDD) or {,800) 955 -8700 (VOICE). fol rnnciriPrPrl at crnnh mepHno or hearine tlhev will need a rPnnrd of the nroceedi"e , Fnrl for gnnh nnrnpse. the -. 1996 Capital Projects Fund 1997 Capital Projects Fund 1998 Capital Projects Fund 1999 Capital Projects Fund Total City of Palm Beach Gardens Bond Proceeds Flow of Funds Summary as of January 31, 1999 Bond Interest Proceeds Income $4,411,495 345,233 $4,872,445 431,822 $4,418,700 114,244 Total Total Remaining Revenues Expenditures Balance 4,756,728 4,756,728 $0 5,304,267 3,361,706 $1,942,561 4,532,944 20,409 $4,512,535 $13,702,640 891,299 14,593,939 8,138,842 $6,455,096 t-!; City of Palm Beach Gardens Bond Proceeds Expenditure Summary. Through January 31, 1999 Inception 1996/1997 1997/1998 1998/1999 ---To Date Current Expenditures Expenditures Expenditures Expended Month 1996 Capital Projects Fund Architectural services 397,530 407,281 31,710 836,521 0 Bond issuance costs 30,604 0 0 30,604 0 Construction costs 9,896 1,682,343 1,276,728 2,968,967 0 Land Acquisition 635,163 0 0 635,163 0 Construction Manager services 193,875 29,700 223,575 0 Other expenses 38,194 23,704 61,898 0 Total 1996 Capital Projects Fund 1,073,193 2,321,693 1,361,842 4,756,728 0 1997 Capital Projects Fund Architectural services 29,704 29,704 29,704 Bond issuance costs 23,484 0 23,484 0 Construction costs 3,290,289 3,290,289 1,647,669 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 18,229 18,229 18,229 Total 1997 Capital Projects Fund 23,484 0 3,338,222 3,361,706 1,695,602 1998 Capital Projects Fund 0 0 Architectural services 0 0 0 0 Bond issuance costs 20,248 161 20,409 0 Construction costs 0 0 0 0 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 0 0 0 0 Total 1998 Capital Projects Fund 20,248 161 20,409, 0 1999 Capital Projects Fund ,_,, 0 Architectural services 0 Bond issuance costs 0 Construction costs 0 Land Acquisition Construction Manager services Other expenses 0 Total 1999 Capital Projects Fund 0 0 0 0 Total 1,096,676 2,341,941 4,700,225 8,138,842 1,695,602 Suffolk Construction Contract as of January 31, 1999 Original Contract Amount $13,132,520.00 Change Order #1 - demolish light poles at ballfields $24,264.00 Change Order #2 - Increase irrigation line sizes for ballfields $58,134.00 Change Order #3 - Replace four drainage structures to run line deeper $12,544.00 Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing ($88,268.00) Total Contract Amount with Change Orders $13,139,194.00 Total Payments to Suffolk through 01/31/99 $4,981,433.00 M 1996 Capital Projects Fund 1997 Capital Projects Fund 1998 Capital Projects Fund 1999 Capital Projects Fund Total City of Palm Beach Gardens Bond Proceeds Flow of Funds Summary as of January 31, 1999 Bond Interest Total Total Remaining Proceeds Income Revenues Expenditures Balance $4,411,495 345,233 4,756,728 4,756,728 $0 $4,872,445 431,822 5,304,267 3,361,706 $1,942,561 $4,418,700 114,244 4,532,944 20,409 $4,512,535 $13,702,640 891,299 14,593,939 8,138,842 $6,455,096 M IN City of Palm Beach Gardens Bond Proceeds Expenditure Summary Through January 31, 1999 Inception 1996/1997 1997/1998 1998/1999 To Date Current Expenditures Expenditures Expenditures Expended Month 1996 Capital Projects Fund Architectural services 397,530 407,281 31,710 836,521 0 Bond issuance costs 30,604 0 0 30,604 0 Construction costs 9,896 1,682,343 1,276,728 2,968,967 0 Land Acquisition 635,163 0 0 635,163 0 Construction Manager services 193,875 29,700 223,575 0 Other expenses 38,194 23,704 61,898 0 Total 1996 Capital Projects Fund 1,073,193 2,321,693 1,361,842 4,756,728 0 1997 Capital Projects Fund Architectural services 29,704 29,704 29,704 Bond issuance costs 23,484 0 23,484 0 Construction costs 3,290,289 3,290,289 1,647,669 Land Acquisition 0 0 � 0 Construction Manager services 0 0 0 Other expenses 18,229 18,229 18,229 Total 1997 Capital Projects Fund 23,484 0 313381222 3,361,706 1,695,602 1998 Capital Projects Fund 0 0 Architectural services 0 0 0 0 Bond issuance costs 20,248 161 20,409 0 Construction costs 0 0 0 0 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 0 0 0 0 Total 1998 Capital Projects Fund 20,248 161 20,409, 0 1999 Capital Projects Fund 0 Architectural services 0 Bond issuance costs 0 Construction costs 0 Land Acquisition Construction Manager services Other expenses 0 Total 1999 Capital Projects Fund 0 0 0 0 Total 1,096,676 2,341,941 4,700,225 8,138,842 1,695,602 Suffolk Construction Contract as of January 31, 1999 Original Contract Amount Change Order #1 - demolish light poles at ballfields Change Order #2 - Increase irrigation line sizes for ballfields Change Order #3 - Replace four drainage structures to run line deeper Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing Total Contract Amount with Change Orders Total Payments to Suffolk through 01/31/99 M $13,132,520.00 $24,264.00 $58,134.00 $12,544.00 ($88,268.00) $13,139,194.00 $4,981,433.00 1996 Capital Projects Fund 1997 Capital Projects Fund 1998 Capital Projects Fund 1999 Capital Projects Fund Total City of Palm Beach Gardens Bond Proceeds Flow of Funds Summary as of January 31, 1999 Bond Interest Total Total Remaining Proceeds Income Revenues Expenditures Balance $4,411,495 345,233 4,756,728 4,756,728 $0 $4,872,445 431,822 5,304,267 3,361,706 $1,942,561 $4,418,700 114,244 4,532,944 20,409 $4,512,535 $13,702,640 0 I 891,299 14,593,939 8,138,842 $6,455,096 City of Palm Beach Gardens Bond Proceeds Expenditure Summary Through January 31, 1999 Inception 1996/1997 1997/1998 1998/1999 —To Date Current Expenditures Expenditures Expenditures Expended Month 1996 Capital Projects Fund Architectural services 397,530 407,281 31,710 836,521 0 Bond issuance costs 30,604 0 0 30,604 0 Construction costs 9,896 1,682,343 1,276,728 2,968,967 0 Land Acquisition 635,163 0 0 635,163 0 Construction Manager services 193,875 29,700 223,575 0 Other expenses 38,194 23,704 61,898 0 Total 1996 Capital Projects Fund 1,073,193 2,321,693 1,361,842 4,756,728 0 1997 Capital Projects Fund Architectural services 29,704 29,704 29,704 Bond issuance costs 23,484 0 23,484 0 Construction costs 3,290,289 3,290,289 1,647,669 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 18,229 18,229 18,229 Total 1997 Capital Projects Fund 23,484 0 3,338,222 3,361,706 1,695,602 1998 Capital Projects Fund 0 0 Architectural services 0 0 0 0 Bond issuance costs 20,248 161 20,409 0 Construction costs 0 0 0 0 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 0 0 0 0 Total 1998 Capital Projects Fund 20,248 161 20,409• 0 1999 Capital Projects Fund ,: 0 Architectural services 0 Bond issuance costs 0 Construction costs 0 Land Acquisition Construction Manager services Other expenses 0 Total 1999 Capital Projects Fund 0 0 0 0 Total 1,096,676 2,341,941 4,700,225 8,138,842 1,695,602 Suffolk Construction Contract as of January 31, 1999 Original Contract Amount Change Order #1 - demolish light poles at ballfields Change Order #2 - Increase irrigation line sizes for ballfields Change Order #3 - Replace four drainage structures to run line deeper Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing Total Contract Amount with Change Orders Total Payments to Suffolk through 01/31/99 $13,132,520.00 $24,264.00 $58,134.00 $12,544.00 ($88,268.00) $13,139,194.00 $4,981,433.00 1996 Capital Projects Fund 1997 Capital Projects Fund 1998 Capital Projects Fund 1999 Capital Projects Fund Total City of Palm Beach Gardens Bond Proceeds Flow of Funds Summary as of January 31, 1999 Bond Interest Total 'Total Remaining Proceeds Income Revenues Expenditures Balance $4,411,495 345,233 4,756,728 4,756,728 $0 $4,872,445 431,822 5,304,267 3,361,706 $1,942,561 $4,418,700 114,244 4,532,944 20,409 $4,512,535 $13,702,640 891,299 14,593,939 8,138,842 $6,455,096 M City of Palm Beach Gardens Bond Proceeds Expenditure Summary Through January 31, 1999 Inception 1996/1997 1997/1998 1998/1999 '-4'o Date Current Expenditures Expenditures Expenditures Expended Month 1996 Capital Projects Fund Architectural services 397,530 407,281 31,710 836,521 0 Bond issuance costs 30,604 0 0 30,604 0 Construction costs 9,896 1,682,343 1,276,728 2,968,967 0 Land Acquisition 635,163 0 0 635,163 0 Construction Manager services 193,875 29,700 223,575 0 Other expenses 38,194 23,704 61,898 0 Total 1996 Capital Projects Fund 1,073,193 2,321,693 1,361,842 4,756,728 0 1997 Capital Projects Fund Architectural services 29,704 29,704 29,704 Bond issuance costs 23,484 0 23,484 0 Construction costs 3,290,289 3,290,289 1,647,669 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 18,229 18,229 18,229 Total 1997 Capital Projects Fund 23,484 0 3,338,222 3,361,706 1,695,602 1998 Capital Projects Fund 0 0 Architectural services 0 0 0 0 Bond issuance costs 20,248 161 20,409 0 Construction costs 0 0 0 0 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 0 0 0 0 Total 1998 Capital Projects Fund 20,248 161 20,409 0 1999 Capital Projects Fund 0 Architectural services 0 Bond issuance costs 0 Construction costs 0 Land Acquisition Construction Manager services Other expenses 0 Total 1999 Capital Projects Fund 0 0 0 0 Total 1,096,676 2,341,941 4,700,225 8,138,842 1,695,602 Suffolk Construction Contract as of January 31, 1999 Original Contract Amount $13,132,520.00 Change Order #1 - demolish light poles at ballfields $24,264.00 Change Order #2 - Increase irrigation line sizes for ballfields $58,134.00 Change Order #3 - Replace four drainage structures to run line deeper $12,544.00 Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing ($88,268.00) Total Contract Amount with Change Orders $13,139,194.00 Total Payments to Suffolk through 01/31/99 $4,981,433.00 I La City of Palm Beach Gardens Bond Proceeds Flow of Funds Summary as of January 31, 1999 M., Bond Interest Total Total Remaining Proceeds Income Revenues Expenditures Balance 1996 Capital Projects Fund $4,411,495 345,233 4,756,728 4,756,728 $0 1997 Capital Projects Fund $4,872,445 431,822 5,304,267 3,361,706 $1,942,56.1 1998 Capital Projects Fund $4,418,700 114,244 4,532,944 20,409 $4,512,535 1999 Capital Projects Fund Total $13,702,640 891,299 14,593,939 8,138,842 $6,455,096 M., 1996 Capital Projects Fund Architectural services Bond issuance costs Construction costs Land Acquisition Construction Manager services Other expenses Total 1996 Capital Projects Fund 1997 Capital Projects Fund Architectural services Bond issuance costs Construction costs Land Acquisition Construction Manager services Other expenses Total 1997 Capital Projects Fund 1998 Capital Projects Fund Architectural services Bond issuance costs Construction costs Land Acquisition Construction Manager services Other expenses Total 1998 Capital Projects Fund 1999 Capital Projects Fund Architectural services Bond issuance costs Construction costs Land Acquisition Construction Manager services Other expenses Total 1999 Capital Projects Fund City of Palm Beach Gardens Bond Proceeds Expenditure Summary Through January 31, 1999 Total 1,096,676 2,341,941 4,700,225 8,138,842 1,695,602 Inception 1996/1997 1997/1998 1998/1999 ---To Date Current Expenditures Expenditures Expenditures Expended Month 397,530 407,281 31,710 836,521 0 30,604 0 0 30,604 0 9,896 1,682,343 1,276,728 2,968,967 0 635,163 0 0 635,163 0 193,875 29,700 223,575 0 38,194 23,704 61,898 0 1,073,193 2,321,693 1,361,842 4,756,728 0 29,704 29,704 29,704 23,484 0 23,484 0 3,290,289 3,290,289 1,647,669 0 0 0 0 0 0 18,229 18,229 18,229 23,484 0 3,338,222 3,361,706 1,695,602 0 0 0 0 0 0 20,248 161 20,409 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20,248 161 20,409- 0 0 0 0 0 0 0 0 0 0 Total 1,096,676 2,341,941 4,700,225 8,138,842 1,695,602 Suffolk Construction Contract as of January 31, 1999 Original Contract Amount Change Order #1 - demolish light poles at ballfields Change Order #2 - Increase irrigation line sizes for ballfields Change Order #3 - Replace four drainage structures to run line deeper Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing Total Contract Amount with Change Orders Total Payments to Suffolk through 01/31/99 0 $13,132,520.00 $24,264.00 $58,134.00 $12,544.00 ($88,268.00) $13,139,194.00 $4,981,433.00 1996 Capital Projects Fund 1997 Capital Projects Fund 1998 Capital Projects Fund 1999 Capital Projects Fund Total City of Palm Beach Gardens Bond Proceeds Flow of Funds Summary as of January 31, 1999 Bond Interest Total Total Remaining Proceeds Income Revenues Expenditures Balance $4,411,495 345,233 4,756,728 4,756,728 $0 $4,872,445 431,822 5,304,267 3,361,706 $1,942,561 $4,418,700 114,244 4,532,944 20,409 $4,512,535 $13,702,640 891,299 14,593,939 W3 8,138,842 $6,455,096 City of Palm Beach Gardens Bond Proceeds Expenditure Summary Through January 31, 1999 Inception 1996/1997 1997/1998 1998/1999 —To Date Current Expenditures Expenditures Expenditures Expended Month 1996 Capital Projects Fund Architectural services 397,530 407,281 31,710 836,521 0 Bond issuance costs 30,604 0 0 30,604 0 Construction costs 9,896 1,682,343 1,276,728 2,968,967 0 Land Acquisition 635,163 0 0 635,163 0 Construction Manager services 193,875 29,700 223,575 0 Other expenses 38,194 23,704 61,898 0 Total 1996 Capital Projects Fund 1,073,193 2,321,693 1,361,842 4,756,728 0 1997 Capital Projects Fund Architectural services 29,704 29,704 29,704 Bond issuance costs 23,484 0 23,484 0 Construction costs 3,290,289 3,290,289 1,647,669 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 18,229 18,229 18,229 Total 1997 Capital Projects Fund 23,484 0 3,338,222 3,361,706 1,695,602 1998 Capital Projects Fund 0 0 Architectural services 0 0 0 0 Bond issuance costs 20,248 161 20,409 0 Construction costs 0 0 0 0 Land Acquisition 0 0 0 Construction Manager services 0 0 0 Other expenses 0 0 0 0 Total 1998 Capital Projects Fund 20,248 161 20,409• 0 1999 Capital Projects Fund :: 0 Architectural services 0 Bond issuance costs 0 Construction costs 0 Land Acquisition Construction Manager services Other expenses 0 Total 1999 Capital Projects Fund 0 0 0 0 Total 1,096,676 2,341,941 4,700,225 8,138,842 1,695,602 Suffolk Construction Contract as of January 31, 1999 Original Contract Amount Change Order #1 - demolish light poles at ballfields Change Order #2 - Increase irrigation line sizes for ballfields Change Order #3 - Replace four drainage structures to run line deeper Change Order #4 - Allowance and other credits, sod, Burns Rd, Hurricane glazing Total Contract Amount with Change Orders Total Payments to Suffolk through 01/31/99 $13,132,520.00 $24,264.00 $58,134.00 $12,544.00 ($88,268.00) $13,139,194.00 $4,981,433.00 CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING JANUARY 14, 1999 The January 14, 1999, Workshop 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 Eric Jablin, Councilman David Clark and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. Re -ORDER AGENDA Vice Mayor Furtado made a motion to re -order the agenda to hear Item For Discussion #2, Fire Station Locations, ahead of #1, WCI. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR DISCUSSION Fire Station Locations The City Manager explained 492 Frenchmans Creek residents had signed a petition requesting that the City support continued operation of Fire Station 16 until an adequate replacement was provided on Alternate A -1 -A within 2 miles of Frenchmans Creek. Chief Bergel reported Palm Beach County estimated a cost of $3 million in order for them to stay in the building; and the City estimated $795,000 annually for the City to operate the station. Councilman Sabatello recommended a fire station location at extension of Hood Road to the east, and focusing on going forward with that location if feasible with WCI's plans. Chief Bergel reviewed various fire station locations. City Council expressed support for the residents' plan to ask the County for an extension of time of operating Station 16. It was agreed to prepare a Resolution supporting concerns of Frenchmans Creek residents, and asking for an extension of Station 16, supported by proper documentation. Blanche Davidson, representing Frenchmans Creek, thanked the City Council and Fire Chief Bergel for their support, and requested a copy of the documentation accompanying the Resolution which was to be prepared by Fire Chief Bergel. CITY COUNCIL WORKSHOP MEETING, 1/14/99 E WCI Communities Alfred Hoffman Jr., CEO of WCI Communities which had recently purchased MacArthur lands in Palm 'Beach Gardens, introduced Frank Cazinski, Executive Vice President, and Terry Snyder, head of developments. Mr. Hoffinan showed slides and explained that WCI was a land development, community development, and home building company headquartered in Naples and Fort Myers, and described the company and their recent developments at various locations within the State of Florida, and issued an invitation to the City Council to visit one of their mixed communities. Mr. Hoffman reviewed locations of land the company had purchased within Palm Beach Gardens, and some parcels which would be sold. Mr. Hoffman explained that the majority of the land within Palm Beach Gardens would be retained by WCI and developed according to both the standards of WCI and the City as quickly as possible. Mayor Russo requested that all aspects of the community be considered in developing, and that lines of communication be kept open. Mr. Hoffman responded to questions by Council members, stating that the MacArthur land purchase was approximately 1/3 of their business, that they would like to reach agreement with the City regarding intensity of use, that there were intensity restrictions on land they planned to sell, and that they understood it would take a year or two to develop the land in Palm Beach Gardens. The Council members welcomed WCI Communities into the City. Council members requested invited collaboration on visioning and innovative approaches. Mr. Ho han expressed interest in integrating education into the neighborhoods and control of schools at the local level. Mayor Russo expressed concern regarding creating problems by building homes without creating jobs for residents, building commercial development without tenants to move into them, and expressed a desire to keep the lines of communication open. Vice Mayor Furtado commented WCI knew what the City expected, and stated the City and WCI must work together. Mr. Hoffman stated their closing on the MacArthur Property would be March 30, 1999, and expressed his company's intent . to share all information with the City. Mr. Hoffman expressed the hope that each City Council member would individually commit to visiting their facilities and each becoming engaged in the process. Pension Report . Ken Altman, representative for the City's interest on the Fire Pension Board, discussed the concept of retirement base for different employees. Mr. Altman discussed various plans regarding CITY COUNCIL WORKSHOP MEETING, 1/14/99 3 how much was given to employees at retirement. Mr. Altman reviewed an example of a new fireman at age 26, starting salary of $30,000, who would be provided a pension of $21,450 plus $106,000 savings from State funds with which an annuity could be purchased to provide additional funds, making a total annual retirement income of $29,640, which was very favorable. Disability benefits were discussed. It was pointed out that the City's plan would be affected by proposed legislature. Mayor Russo stressed the importance of educating residents on the upcoming referendum items. Fiscal Impact Study Western Palm Beach Gardens Consultant Colin Baeniger described five scenarios for development of western areas of the city, including conservation, rural residential, vision, Suburban I (1 unit per acre), and Suburban II (2 units per acre). Requirements to meet levels of service were reviewed. Vice Mayor Furtado expressed concern over using septic tanks. Projected populations were 1,500 for rural, 14,000 for Suburban I and 28,000 for Suburban II. Supplying water and sewer to the western areas was discussed. Councilman Clark commented regarding rural residential that additional equestrian facilities were being sought in the northern part of the County. The City Manager reported the study had been shared with the current landowner and he desired to request agricultural zoning; and advised that information regarding annexation had been supplied in materials furnished to the City Council members. LPA and LDR Commission Functions Principal Planner Kim Glas- Castro reviewed differences in a Local Planning Agency and Land Development Regulations Commission, and recommended that any changes to the Land Development Regulations go through a consistency review process and that the Planning and Zoning Commission be designated as the Land Development Regulation Commission to serve that function. The LDR Commission would review any code revisions for consistency with the Comprehensive Plan, and make a recommendation to the City Council. Ms. Glas- Castro explained that it was recommended that the Planning and Zoning Commission also be designated as the Local Planning Agency to review Comprehensive Plan Amendments, then make a formal recommendation to the City Council as the LPA. Mayor Russo stated he was opposed because he did not want applicants considering they were all right because CITY COUNCIL WORKSHOP MEETING, 1/14/99 n they had unanimous approval from the Planning and Zoning Commission. Councilman Sabatello expressed concern that the Planning and Zoning Commission currently had a heavy load and might not be able to handle this additional burden. Mayor Russo commented he would feel more comfortable with City Council in the Local Planning Agency role; however, the other members of the City Council felt the process could be handled by the Planning and Zoning Commission. Lyle Sumek City Manager Bobbie Herakovich explained that at their l l/l/98 workshop, the City Council had requested further discussion of ideas presented by Lyle Sumek regarding improving meeting productivity and teamwork. Whether to have an agenda briefing session to streamline the City Council meetings was discussed. Mayor Russo suggested meeting at 4:30 p.m.before meetings to workshop the items. Vice Mayor Furtado commented she did not have the flexibility to set her own hours and could not meet at 4:30 p.m.. The Vice Mayor suggested reports be provided to each so that they could contact the City Manager by telephone to clarify items. The Mayor stated there would be no agenda briefing sessions since the Vice Mayor could not attend. Councilman Jablin suggested that if Council members did not make speeches the meetings would go faster. Councilman Sabatello suggested everything be done in writing. The City Attorney requested Council members call her directly with legal questions, and she would advise the City Manager. A presentation from the last City Council meeting was discussed in which staff had to work out language during the meeting. It was agreed that standards must be set tend followed. The City Manager suggested each member of the City Council read their packet and meet with her to get all their questions answered; then when the presentation was before the City Council, for items the Council members did not understand or if a petitioner was trying to convince them of something, they would refer to staff; and if they did not like the petition they would send it back rather than redesign it at the meeting. It was agreed that staff review did not need to be detailed at the City Council meeting, and that residents could attend Planning and Zoning meetings for detailed presentations. It was announced that location maps would be added to staff reports. It was decided to develop a policy of how the meetings were to be run and show it to petitioners, and also to mirror this process at the Planning and Zoning level so that the processes would match, and it would not be necessary to have as CITY COUNCIL WORKSHOP MEETING, 1/14/99 5 much detail at City Council level. Issues of concern presented to the City Manager by each Council member were discussed. The City Manager suggested more workshops and discussing 2 -3 of the issues at each workshop. The City Manager was requested to include the questions with the answers when responding by memo to council members' questions, and to distribute copies to all City Council members. City Manager Herakovich reported staff had been working on a simplified version of wordy adopted vision statements and that a logo was planned to designate vision issues on agendas so that the City Council would instantly know the importance of the items. The City Manager was directed to prepare a policy for City Council meetings and to have all contracts that must be approved by the City Council reviewed by legal counsel. City Manager's Performance Appraisal The City Manager thanked the City Council for taking time to complete the City Manager's Performance Appraisal. The City Manager reported that the points translated to a 4% salary increase, and that she would be working on performance objectives throughout the year. Scoring of the appraisal was discussed. The City Manager requested that each City Council member discuss any items of concern with her. CITY COUNCIL WORKSHOP MEETING, 1/14/99 6 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Furtado, carried 5 -0, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: CINDY HARVEY, DEPUTY CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 1999 Subject/Agenda Item: Public Hearing/ Final Adoption: Petition MISC- 98 -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 approval 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: Originating Dept.: Costs: $ 0- Council Action: Total ` City Attomey \ [ ] Approved Growth Management Finance N/A $ Q. [ ] Approved w /conditions ACM Current FY [ ] Denied Advertised: Human Res. N/A Funding Source: [ ] Continued to: Attachments: Other N/A Date: [ ] Operating Paper: [ ] Other N/A Ordinance 15, 1997 [ x ] Not Required Affected parties Budget Acct. #: Ordinance 26, 1998 Ordinance 26 option Map: Approved and Submitted by: proposed Landscape Department Director [ ] Notified plans & Elevation plans [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location. Zoning 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 he 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 in 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 involv6s 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 or replacement of the signal pole located at PGA Boulevard and Ellison Wilson Road and some landscape improvements. There are two options to the signal pole condition for City Council's review. ., January 28, 1999 Amendment 1 to Ordinance 26, 1998 The text of proposed Ordinance 26, 1998, as approved on first reading, shall be amended as follows: A. Amend Section 5 (1), by inserting before the word "the" at the beginning of the sentence, the following: "prior to the Certificate of Occupancy for the building within Parcel D "; so that it shall read: 11(1) Prior to the Certificate of Occupancy for the building within Parcel D, the applicant agrees to remove the two (2) poles located east of its entrance on PGA Boulevard and bury the lines underground." B. Amend Section 5 (2), by replacing the entire paragraph, as read on first reading, so that it shall read: Option # 1 "(2) The applicant shall be responsible for removing the traffic signal pole located at the southeast corner of the intersection of Ellison Wilson Road and PGA Boulevard. The traffic signal shall thereafter be anchored to the FP &L transmission pole located at the same corner. If it is necessary to relocate the FP &L transmission pole, the applicant shall be responsible for said relocation. The applicant agrees to assume all costs associated with this project. The applicant shall apply for a permit to the appropriate agency to accomplish this work within sixty (60) days from the adoption' of this ordinance. Said pole shall be removed within sixty (60) days from the issuance of the permit. Option # 2 11(2) The applicant shall be responsible to remove and /or replace the four (4) poles located at the intersection of Ellison Wilson Road and PGA Boulevard which are supporting the traffic signals (one on each corner), and replace them with mast arm signal poles. The applicant agrees to assume all costs associated with this project. The applicant shall apply for a permit to the appropriate agency to accomplish this work within sixty (60) days from the adoption of this ordinance. Said poles shall be removed or replaced within sixty (60) days from the issuance of the permit. January 27, 1999 ORDINANCE 26, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 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; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the construction of 228,790 square feet of office, retail, bank, and restaurant space by adoption of Ordinance 15, 1997, which amended Ordinance 25, 1986 approving a Planned Unit Development at the southeast corner of PGA Boulevard and Ellison Wilson Road; WHEREAS, an application has been submitted by P.G. Partners requesting a waiver to the PGA Boulevard corridor overlay, Section 118 -280 (g) (14), which would allow over -head electrical lines along Ellison Wilson Road, and amending Ordinance 15, 1997 by amending the landscape plans; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the proposed petition is consistent with the City's Comprehensive plan. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: M Section 1. The City Council of Palm Beach Gardens hereby grants approval of the waiver to Section 118 -280 (g) (14) to allow overhead powerlines to remain within the PGA Boulevard Corridor Overlay, specially, seven (7) power poles located along the east side of Ellison Wilson Road south of PGA Boulevard. Section 2. The City Council of Palm Beach Gardens hereby approves an amendment to Ordinance 15, 1997 to amend the approved landscape plan for City Centre. Section 3. Said amendment to the landscape plan shall be consistent with plans on file with the City's Growth Management Department as follows: 1. January 19, 1999 City Centre Plant List by Oliver- Glidden & Partners., prepared by Jay Bridge dated 1/20/99. Sheets L -1 and L -2. 2. September 15, 1998 City Centre Ellison Wilson Landscape Plan by Urban Design Studio. One sheet. 3. October 9, 1998 City Centre Streetscape Elevation by Oliver - Glidden & Partners. Sheets EL -2 and EL -3. Section 4. The amended landscape plan shall supersede the existing landscape plan. Section 5. Approval of the landscape plan amendments set forth in section 3 of this ordinance is based upon compliance with the following conditions: 1. Prior to the Certificate of Occupancy for the building within Parcel D, the applicant agrees to remove the two (2) poles located east of the project entrance on PGA Boulevard and bury the lines underground. 2. The applicant shall be responsible to remove and /or replace the four (4) poles located at the intersection of Ellison Wilson Road and PGA Boulevard which are supporting the traffic signals (one on each corner), and replace them with mast arm signal poles. The applicant agrees to assume all costs associated with this project. The applicant shall apply for a permit to the appropriate agency to accomplish this work within sixty (60) days from the adoption of this ordinance. Said poles shall be removed or replaced within sixty (60) days from the issuance of the permit. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of their conflict. Section 7, This Ordinance shall be effective upon adoption. n' Ordinance 26, 1998 Page 2 PLACED ON FIRST READING THIS 7" DAY OF JANUARY, 1999 PLACED ON SECOND READING THIS 4" DAY OF FEBRUARY, 1999 PASSED AND ADOPTED THIS DAY OF FEBRUARY 1999 MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK CM VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO FL Ordinance 26, 1998 Page 3 5 COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT January 27, 1999 ORDINANCE 26, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 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; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the construction of 228,790 square feet of office, retail, bank, and restaurant space by adoption of Ordinance 15, 1997, which amended Ordinance 25, 1986 approving a Planned Unit Development at the southeast corner of PGA Boulevard and Ellison Wilson Road; WHEREAS, an application has been submitted by P.G. Partners requesting a waiver to the PGA Boulevard corridor overlay, Section 118 -280 (g) (14), which would allow over -head electrical lines along Ellison Wilson Road, and amending Ordinance 15, 1997 by amending the landscape plans; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the proposed petition is consistent with the City's Comprehensive plan. tf NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Pz Section 1. The City Council of Palm Beach Gardens hereby grants approval of the waiver to Section 118 -280 (g) (14) to allow overhead powerlines to remain within the PGA Boulevard Corridor Overlay, specially, seven (7) power poles located along the east side of Ellison Wilson Road south of PGA Boulevard. Section 2. The City Council of Palm Beach Gardens hereby approves an amendment to Ordinance 15, 1997 to amend the approved landscape plan for City Centre. Section 3. Said amendment to the landscape plan shall be consistent with plans on file with the City's Growth Management Department as follows: 1. January 19, 1999 City Centre Plant List by Oliver - Glidden & Partners., prepared by Jay Bridge dated 1/20/99. Sheets L -1 and L -2. prepared by Jay Bridge dated 1/20/99. Sheets L -1 and L -2. 2. September 15, 1998 City Centre Ellison Wilson Landscape Plan by Urban Design Studio. One sheet. 3. October 9, 1998 City Centre Streetscape Elevation by Oliver - Glidden & Partners. Sheets EL -2 and EL -3. Section 4. The amended landscape plan shall supersede the existing landscape plan. Section 5. Approval of the landscape plan amendments set forth in section 3 of this ordinance is based upon compliance with the following conditions: Prior to the Certificate of Occupancy for the building within Parcel D, the applicant agrees to remove the two (2) poles located east of the project entrance on PGA Boulevard and bury the lines underground. 2. The applicant shall be responsible for removing the traffic signal pole located at the southeast corner of the intersection of Ellison Wilson Road and PGA Boulevard. The traffic signal shall thereafter be anchored to the FP &L transmission pole located at the same corner. If it is necessary to relocate the FP &L transmission pole, the applicant shall be responsible for said relocation. The applicant agrees to assume all costs associated with this project. The applicant shall apply for a permit to the appropriate agency to accomplish this work within sixty (60) days from the. adoption of this ordinance. Said pole shall be removed within sixty (60) days from the issuance of the permit. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of their conflict. FV Section 7. This Ordinance shall be effective upon adoption. Ordinance 26, 1998 Page 2 PLACED ON FIRST READING THIS 7th DAY OF JANUARY, 1999 PLACED ON SECOND READING THIS 4th DAY OF FEBRUARY, 1999 PASSED AND ADOPTED THIS DAY OF FEBRUARY 1999 MAYOR JOSEPH R. RUSSO COUNCILMAN ERIC.JABLIN VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO Ordinance 26, 1998 Page 3 COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT d ORDINANCE 15, 1997 r - 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 DEVELOPMENT AND THE FLAME BUTTI)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 ha-, 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 1 r); A 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 signq shall be added to the Civil Construction Plans as needed prior to the issuance of the first building permit. r� 3. Construction o, .ne 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. 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 LDWs and fully executed, with the exception of the existing land owners' interests, shall be submitt8d 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 pemuts 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 193,000 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 anycalls 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 Bominite4ype treatment prior to the Certificate of Occupancy of the first building, 4_ subject to Florida Department of 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 comer 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 I' e/building Certificate of Occupanc, _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 sba11_ 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. SECTT!QN 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. 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. I Sheet 1. SECTION 4. This Ordinance shall be effective upon adoption. Ordinance 15,1997 Page 4 'PLACED ON FIRST REA G THIS,�L6AY OF PLACED ON SECOND READING plIS 119- DAY OF � (, PASSED AND O ED S./77P-DAY OF _ 1997. ,.� .,rte..... MAY6y- JOSEPH R. RUSSO CO - VICE MAYOR LAUREN FURTADO CO ERic A'T'TEST: T TNDA V. KOSTFR, CMC, CITY CT.FRK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCH -MAN CLARK AYE 1997. .1997. MONROE L -= - ABLIN [411 ok1r, 1.45 t: zi • �• �* APPROVED AS TO LEGAL FORM AND SUFFTCMNNCCY - ��l/I . CITY ATTORNEY NAY ABSENT Ordinance 15, 1997 Page 5 l' A Ordinance 15, 1997 Page 5 H r. ....Cop .0516 ts, (7� 9 o T-1, 11 F=-7 Fe FM L=j EF=7 3 F=M • 71 Fe F= oil' 9 R B R E • .. ; } ! ' fit.•:' ,:., ... •. Comm*) ''' mow}: + ►::::�; t-oci l rn• 0 O O D 1 i D .D; • „ Y1l r• W v ' r tat - d � j J J v y•. rn• 0 O O D 1 i D .D; • „ Y1l r• W v ' 1 !rte+- � 'F-:3': I=D. F3 IL:: V •r• i J ' o • 1� u i h J V 4 . • 1 lA .r .� �� :t� Q UJ m a w ira i� KIM AMO WJPI i9 R__/. w IL r v � � `S ��r �>r r,e A ♦�! � t ire r �� ft k=nkaj I ; 11 mum-mm- a ice I - CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 1999 Date Prepared: January 26, 1999 Subject/Agenda Item Second reading /Public Hearing for Ordinance 5, 1999 approving petition PUD- 98 -06, a request by Urban Design Studio, agent for High Field Ltd., Inc., for planned unit development (PUD) approval of a 63 unit townhome project. The 7.26 -acre site is located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road. (5- 42S -43E) Recommendation /Motion: Staff recommends that Ordinance 5, 1999 be approved with 17 conditions. Reviewed by:+f P Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance CJVA $ [ ] Approved wl conditions ACM �t� Current FY • T [ ] Denied Human Res. NA Advertised: Other NA Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other — Ordinance 5, 1999 —Site Plan —Comments from City Engineer - Comments from City Forester - Comments from Police Department —Letter from Kathy Girard from PBC Planning Dept. —TABLE 1 • Existing Land Use & Zoning —TABLE 2 • Consistency [ ] Not Required with Code Submitted by- Growth Mana a Affected parties Budget Acct. #: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required REQUEST: A request by Urban Design Studio, agent for High Field Ltd., Inc., for planned unit development (PUD) approval for 63 townhome units, to be built on a 7.26 -acre site located on the south side of Idlewild Road, approximately 500 feet east of the intersection of Prosperity Farms Road and Idlewild Road. BACKGROUND: The Marina Gardens parcel (formerly known as "Soverel North Townhomes ") is a 7.26 - acre tract of vacant land located near the intersection of Prosperity Farms Road and Idlewild Road. Immediately to the east of the subject site is the existing Seminole Boatyard. To the west of the site is the existing Harbour Financial Shops commercial /office center. To the south of the site is the Soverel Harbour Marina. To the north of the site, across Idlewild Road, are single family detached dwelling units (which are in unincorporated Palm Beach County). On May 30, 1997, an application was submitted for the annexation of 4.36 acres of land into the City of Palm Beach Gardens, and for a Small -Scale Future Land Use Plan Amendment (LUP) for 7.26 acres of land. Per the City's request, the submittal was amended to a Large Scale LUP amendment on December 30, 1997. The northern 1.52 acres was requested to be given a Future Land Use Plan designation of Residential- Medium (RM), while the remaining 5.74 acres was requested to be given a Future Land Use Plan designation of Residential -High (RH). These Annexation and Future Land Use Plan petitions were approved by City Council on August 6, 1998 with the passage of Ordinance 48, 1997 and Ordinance 4, 1998. The 4.36 acres formerly located within unincorporated Palm Beach County, currently has a County zoning designation of Residential - Single Family (RS). The property along the marina currently has a City of Palm Beach Gardens zoning designation of General Commercial (CG1). Through this petition, the applicant is requesting a zoning designation of Planned Unit Development - Residential (PUD /R) for the entire 7.26 - acre parcel. The parcel is proposed to have an underlying zoning of Residential -High Density (RH) for the southern portion of the site, and Residential- Medium (RM) for the northern portion. PROJECT DETAILS: Building Site The property is owned by High Field Ltd., Inc. High Field intends to develop the entire parcel as a residential development by constructing high quality, upscale townhome units. The development is proposed to include 63 fee simple townhome units, and a 1,600 square -foot pavilion building with a swimming pool for use by the residents and their guests. The development is aimed towards a seasonal, boating population, and 2 will be built in one phase. Residential Units The townhome units fronting the marina will be three (3) stories in height, and all interior townhome units will be two (2) stories in height. The two (2) story townhomes will be either 2,005 square -feet (unit model d) or 2,025 (unit model c) square -feet in size. The three (3) story townhomes will be 2,950 (unit model a) or 3,050 (unit model b) square feet in size. Twenty -seven (27) townhomes will have a view of the Soverel Marina, while most of the remaining units will have a view of the 0.7 -acre lake located in the middle of the site. Special site features will include paver block road surfaces and garage driveways. The lots will be sold on a fee simple basis. Common Areas A pavilion /pool is proposed for use by the residents and their guests. The pavilion /pool will primarily be an open -air facility, with a loggia separating the mens and ladies changing /restrooms. A gazebo overlooking the marina is also being proposed. All common areas, including the pavilion /pool area, will be maintained by the homeowners association. Site Access The development will be accessed from Idlewild Road and Prosperity Farms Road utilizing an existing 24 -foot access easement. A card gate will provide security to the site. Walkways A sidewalk is being proposed along one (1) side of the 20 -foot access drive inside the site. Sidewalks will also connect the townhomes with the gazebo overlooking the marina, and connect the site to the marina walk and the Harbour Shops. Waste Management The site will have curb -side trash pick -up. Sicnape No site signage is being proposed at this time. Any future proposed signage shall be reviewed by Staff and City Council. Landscaping Nine (9) existing oak trees will remain on -site, however, six (6) of these trees will be relocated. Buffer trees and palms on the site shall include Live Oaks, Mahogany, Satin Leaf, Red Bay, Gumbo Limbo, Dahoon Holly, Red Maple, Sweet Acacia, Green Buttonwood, Pigeon Plum, Cattely Guava, Frangipani Plumeria, Southern Red Cedar, and Sabal /Cabbage Palm. Common Area trees and palms on the site shall include Bald Cypress, Royal Palm, Sabal /Cabbage Palm, Coconut Palm, Thatch Palm, 3 Dactylifera Palm, and Reclinata Palm. Drainage Runoff from the property will be collected by a series of on -site inlets and directed via culverts into a proposed dry detention area or on -site lake for water quality purposes. Ultimately, the permitted overflow will be controlled by a weir, and will discharge through a culvert via a private off -site easement into the Intracoastal Waterway system. Residents along Idlewild Road have voiced concerns over past and future flooding in their area. Assistant City Engineer Tammy Jacobs has reviewed the drainage plan for the proposed project, and has found it to be sufficient. City Staff contacted Palm Beach County to ascertain the status of the proposed road improvement project. County road improvements for Idlewild Road are currently in the permitting process with the South Florida Water Management District (SFWMD). The scheduled improvements will not begin until after March 1, 1999. The road improvements scheduled for Idlewild Road will be the implementation of a storm drainage system at the east end of the Idlewild Road (east of the proposed project). It is anticipated that these improvements will mitigate the current drainage problems experienced by residents on Idlewild Road. The applicant, therefore, will be responsible for all road improvements (drainage, roadway, curb and gutter, etc.) along Idlewild Road, from Prosperity Farms Road to the ingress /egress of the proposed project. Traffic Concurrency Residents along Idlewild Road voiced concerns about the increase in traffic that this proposed project would generate. However, City Traffic Consultant Yvonne Ziel has reviewed the traffic concurrency and determined that this proposed project meets the City of Palm Beach Gardens level of service standards. In a September 24, 1998 letter to Assistant City Engineer Tammy Jacobs, Ms. Ziel states, "the proposed project will generate 476 daily trips, 30 AM trips and 37 PM peak trips, and falls below any of the City's thresholds." Palm Beach County The plans for this proposed project have also been reviewed by Kathleen Girard, Principal Planner with the County of Palm Beach. Ms. Girard stated (see attachment) that the County has no objections regarding the project, and that the proposed project actually represents a reduction in intensity from the previously approved commercial land use. Ms. Girard's final comment was, "the County would have preferred access to the site from Prosperity Farms Road, [but] locating the access point at the easternmost portion of the site should assist in alleviating traffic concerns for some of the residents on Idlewild Court [Road]." STAFF'S REVIEW & COMMENTS: Buildinq Division Building Official Jack Hanson has reviewed the revised plans and has indicated that he has no concerns regarding the project at this time. Mr. Hanson could not comment on the signs because a detailed sign package has not yet been submitted. The applicant shall submit a sign package at a later date for City Council review and approval. City Engineerinq Assistant City Engineer Tammy Jacobs has reviewed the revised plans and has made several comments. Her comments regarding the proposed project are attached to this report. Seacoast Seacoast Utility Authority has stated that they have two (2) concerns: 1. The existing 4 inch and 10 inch water mains shall be shown on the site plan.* 2. Specific details showing the proposed location of water and sewer service lines, FPL services and transformers, as well as CATV and BellSouth service lines, shall be provided.* *These concerns were satisfied on December 28, 1998. Fire Assistant Chief / Fire Marshall Scott Fetterman has reviewed the revised plans and stated that the turning radii at the entrance now meet the required 20 feet inside turning radius and 45 outside turning radius. Mr. Fetterman has no further concerns regarding the proposed project.- Police Officer Jay Spencer has reviewed the plans and made several suggestions in a crime prevention matrix attached to this report. City Forester City Forester Mark Hendrickson has also reviewed the plans and has made several comments regarding the project and its landscaping. These comments are as follows: 1. Please provide curbing to protect vegetation, especially in front of all the units. 5 2. The lot lines along the east boundary include the buffer area. At a minimum, a 15 foot wide landscape easement needs to be established for common maintenance. 3. The lot lines around the south and west boundaries eliminated the required 15 foot buffer. This should be a waiver request. At a minimum, a 5 foot wide landscape easement needs to be established for common maintenance. 4. Please provide a road improvement plan for Idlewild Road that includes sidewalks and landscaping. Mr. Hendrickson elaborates on these comments in a memorandum (dated 12/24/98) attached to this report. Planning & Zoning Division The Planning and Zoning Division reviewed the revised plans for this proposed project, and found that the applicant has addressed all of their previous concerns including providing a copy of the cross - access agreement with Harbour Shoppes /Financial Center, stating that screen enclosures will not be permitted, showing setbacks on the plans for patios (0 feet where walls separate patios, and 3 feet where walls do not exist), showing lot line dimensions on the plans, showing sidewalks and their appropriate dimensions on the plans, and stating that the method of waste pick -up proposed for the project is curbside pick -up. PLANNING & ZONING COMMISSION RECOMMENDATION (monitoring entity): This petition was heard by the Planning and Zoning Commission on November 10, 1998 as a workshop and on December 8, 1998 as a recommendation to City Council. With a 6 - 1 vote, the Commission,. recommended APPROVAL of petition PUD- 98 -06, a request for planned unit development (PUD) approval of a 63 unit townhome project on a 7.26 -acre site, with the conditions proposed by the Growth Management Department, including the following revised conditions (added words underlined; deleted words s tU; ck%): 1. Prior to scheduling the petition for City Council, curuil �g landscapinq (or some other type of measure) vvill shall be added to protect vegetation on the site. The applicant must also request a waiver from Section 98 -68( C ) of the City Code requirinq curbinq to be used to protect veqetation on a site LCity Couc RW%.1U UI J Ilent - VGIi'SecA.:on °(�)] (Planning &Zoning Division) LI VI I z1u_Wu V n..: ...- ar. L....J. .I:...... aL... L:1:..... C__ ^:a.. /�_.. --:I Ae F....L '.J .. I.......1.... �...... L. r I IVI lV sctI L.lUl11 ly LI IG t.JGLILIVI I Jul vlLy \JVUI lt'll, Cl 1'.J IVVI VV lulu lal lu Jl.apu a L...II I,... a.. L.I:'.4. r...1 1.... a..... ......... I aL..., a "-_A_ r GQJGI I IGI Il JI tall VG GJI. J IJI IGU Jul l+VI 1 11 1 Jul I I.. all 1LG1 Ial RAG aIV1 Rg'. LI le east LJVUI IU01 y VI LI I Sit 6. (r la1 n i g Lx IVI I vlv IJIV1 I) I* n A 01 Q....a:..... A A O n7n /6. \/A Xa ..a:r'g &I- A, &L. ..A A L t-04, VVaI VGI VI %J LI I I I V -GI tJll ilk I Ia I GMUGJ LII ly U lal U IG 1 GgUII GV Ili IV VL 1 ........1.......... 4...tt...... ....J aL... .. ..aL. .......1 ..1 L.........J....: .... ..l tL... ,.:a.. L... .....J.. '..J 'Lo t:.... Ial IUJVat.lG AJUIIGI al VUI IV ll IG JVUU I al IV VVGJI VVUI IVaI IGJ VI U IG JIIG, VG 1 GUUVGV lV I I VG /L\ 9-3. : .:..11 L. /t.... .. ...a........ --X /n1.... - :....,. O '7..... ;-- n:. ,:..:....\ k%Jl IGGI 1111 vVluu 1 `IVI VVIIUiIUI I Illail ILUI la1 wG). 1r Ial II III Iy (.X LVI I.I ly v.VIJIVI I) 24. Prior to the first issuance of a certificate of occupancy, the applicant shall complete the construction of a sidewalk on the south one side of Idlewild Road, from the intersection of Idlewild Road and Prosperity Farms Road to the entrance of the proposed project. (City Engineer) 35. Prior to construction plan approval, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, sewer, landscaping, etc.) required by Palm Beach County. (City Engineer) 46. Prior to issuance of the first building permit, the applicant shall replat the subject property and demonstrate the abandonment of the existing easements. (City Engineer) 57. Prior to construction plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads, and fountain design. (City Engineer) 68. Prior to construction plan approval, the applicant shall provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. (City Engineer) 9. f 1 IVI lV ar. pi Vva1 Vy vlIy VVUI IVII, U IG aNNI IVaI Il JI fall add a lal IVJliat.JG Jll IP VI I W LI I JIUGJ Vf U G UU 1pedestrian VValf\VVay JV U al t1 1G paver UI I VGVV ayJ and '.JGUGJU lal I area Dal I VG GIICi VIIVGIy VGI 11 Iris L V. `\Jlly L 1Iy111VVI I 74-9. Prior to scheduling the petition for City Council, the applicant shall show the required signage for the pedestrian crossing per F.D. O.T. (Manual on Uniform Traffic Control Design W11A -2). (City Engineer) 841-. No screen enclosures shall be permitted for the townhomes. (Growth Management Department) 9. All landscaping and hardscape shall be maintained by the applicant or subsequent Home /Property owners Association, to the satisfaction of the City. The applicant shall also request a waiver of Section 118- 279(h)(1) of the City Code that requires a 15 foot landscape buffer around the boundaries of the site. (Growth Manaqement Department) 7 10. The gate system used or inqress /eqress to the site, shall be open during special events, where traffic into and out of the site is significantly increased. (Code Enforcement) 11. Within sixty (60) days of the effective date of this ordinance, the applicant, and its successor and /or assigns shall submit a detailed landscape and sidewalk plan for Idlewild Drive that has been approved by Palm Beach County. 12. Prior to the first issuance of a Certificate of Occupancy, the County approved landscaping and sidewalk for Idlewild Drive shall be completed. Perpetual maintenance of said landscaping and sidewalk shall be maintained by the applicant, and its successors and /or assigns. 13. Prior to the first issuance of a Certificate of Occupancy, the northerly perimeter wall, adjacent to Idlewild Drive, shall be completed. 14. When the water and sewer utility lines are installed for the project, the lines shall include "stub- outs" to the adjacent lots. 15. The monies in lieu of recreation land dedication due total $65,083 and are required to be payed prior to the issuance of the first Building Permit. This sum shall serve as the project's recreation impact fees. (Building) Conditions #1 and #7 have been addressed by the petitioner. The remaining conditions from the Growth Management Department's recommendation have been included in the proposed ordinance. Although the Planning and Zoning Commission did not support it, staff recommends that access easements to landscape easements be created along the south, east and west boundaries. These easements would allow the City access to property to enfort;e landscape standards with the Homeowner's Association. The applicant contends that the Homeowner's Association will maintain all landscaping in the project. CITY COUNCIL - FIRST READING At the January 21, 1999 City Council meeting, Council had a first reading for this petition. At this meeting, Council voiced several concerns regarding the proposed project. In order to address the Council's concerns, staff provides the following information: 1. Is there enough guest parking on the site? The applicant has revised the site plan to include three (3) more guest parking spaces for a total of 17 guest parking spaces. The total number of parking spaces for the site is 269, four (4) more than the required minimum of 265. 2. There should be some type of cross - parking agreement with Marina Gardens and the Harbor Shops so that Marina Gardens may use the Harbor Shops parking area for overflow parking. This is addressed in Condition #16 in Section 3 of Ordinance 5, 1999, requiring a cross access agreement. 3. The northern perimeter wall shall be installed before the first issuance of a building permit. Addressed in Condition #12 in Section 3 of Ordinance 5, 1999. 4. Home Owner's Association documents should include language requiring the two (2) car garages to be used for vehicles, and not be modified for some other use such as a storage facility. Addressed in Condition #17 in Section 3 of Ordinance 5, 1999. 5. Language shall be included in the conditions of approval which establishes landscape standards for the site. Addressed in Condition #14 in Section 3 of Ordinance 5, 1999. 6. Any perspective home owner shall be notified prior to the purchase of a townhome in Marina Gardens, that the property to the north (single family residential) and to the northeast (Seminole Boatyard) are properties that are not within the City of Palm Beach Gardens, and that these properties are under the jurisdiction of Palm Beach County (the City of Palm Beach Gardens has no authority or control over these properties). Addressed in Condition #15 in Section 3 of Ordinance 5, 1999. Per the request of the City Attorney, Condition #7 of Ordinance 5, 1999, regarding the establishment of landscape easements on the plat that will be used for common maintenance, was also revised. g /short: pud9806.=4 �I ................ ............ :. l�yy*y rryy5s 1: �n AlSl.1V1 4la7.::. ry{yx }} }fit ... lr4fl:�E�.[1�IC�' .. ...'..:.::..:..l.s�i.l .: ............. .F „3,1 t,iw?L', Subject Property Palm Beach County Residential -Med. (RM) Vacant zoning designation: & Residential - Single Residential -High (RH) Family P.B.G. zoning designation: General Commercial (CGl) ' North Residential- Urban Single Family Homes & Single Family Residential -2 & 3 Prosperity Bay Village, (RS) (UR -2 & UR -3) in Unincorporated Palm Beach County South General Commercial Commercial Soverel Boat (CG -1) (C) Yard & Marina e East Industrial Industrial Seminole Boatyard (IL) (IND) in Unincorporated Palm Beach County East General Commercial Commercial Seminole Boatyard (CG -1) (C) in City of P.B.G. West General Commercial Commercial The Harbour Shoppes (CG -1) (C) Yes Planned Unit Development Residential - (PUD) - Residential Medium Townhomes & High (RM & RH) Yes Maximum Building Lot 29% Coverage for RH: 35% Max. Building Height: Building Height: Yes RM = 36 feet RM Section = 32.3 feet Yes RH = 45 feet RH Section = 4 1. 0 feet Front Setbacks: Front Setbacks: No (deviation) RM = 30 feet RM = 20 feet No (deviation) RH = 40 feet RH = 20 feet Side Setbacks: Side Setbacks: Yes RM = 10 feet RM = 19.08 feet No (deviation) RH = 30 feet RH = 10.66 feet Side (facing street) Setbacks: Side (facing street) Setbacks: Yes RM = 20 feet RM = 25.6 feet, No (deviation) RH = 30 feet r� RH = 10.0 feet Rear Setbacks: Rear Setbacks: Yes RM = 20 feet RM = 28.6 feet No (deviation) RH = 30 feet RH = 15.0 feet February 3, 1999 ORDINANCE 5,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 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 IDLE WILD ROAD, ON THE SOUTH SIDE OF IDLEWILD ROAD TO A PLANNED UNIT DEVELOPMENT - RESIDENTIAL, IN ORDER TO CONSTRUCT 63 TOWNHOMES; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from High Field Ltd. for approval 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 (PUD/R) as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 4.36 acres of the site that was formerly located within unincorporated Palm Beach County currently has a County zoning designation of Residential- Single Family (RS), and the remaining 2.9 acres has a City zoning designation of General Commercial (CG -1); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the City approved Ordinance 48, 1997 allowing for the annexation to the City of an area of 4.36 acres of real property known as "Soverel North "; WHEREAS, the City approved Resolution 65, 1998 allowing the applicant to concurrently process a comprehensive plan amendment and an application for a planned unit development order; WHEREAS, the City approved Ordinance 4, 1998 approving a comprehensive plan amendment, changing the property from a Palm Beach County Land Use Designation of Urban Residential 3 and a City Land Use Designation of Commercial ( C ), to City Land Use Designations of Residential High (RH) and Residential Medium (RM); WHEREAS, the City's Growth Management Department has recommended approval of "Marina Gardens "; and 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. 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 High Field Ltd. for a PUD/RM & RH of 7.26 acres located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto; from Urban Residential 3 and Commercial, to Planned Unit Development / Residential - Medium & Residential -High, in order to construct 63 townhomes to be known as Marina Gardens. SECTION 2. The following waiver is hereby granted with this approval: A waiver of Section 118- 279(h)(l)a requesting that the required 15 foot landscape buffer around the south and west boundaries of the site, be reduced to 5 feet in width (for common maintenance). SECTION 3. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: Prior to the first issuance of a certificate of occupancy, the applicant shall complete the construction of a sidewalk on side of Idlewild Road, from the intersection of Idlewild Road and Prosperity Farms Road to the entrance of the proposed project. (City Engineer) 2. Prior to construction plan approval, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County. (City Engineer) 3. Prior to issuance of the first building permit, the applicant shall replat the subject property and demonstrate the abandonment of the existing easements. (City Engineer) 4. Prior to construction plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads, and fountain design. (City Engineer) 5. Prior to construction plan approval, the applicant shall provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. (City Engineer) 2 6. No screen enclosures shall be permitted for the townhomes. (Planning & Zoning Division, Code Enforcement) 7. The plat shall include a 15 -foot wide landscape easement for common maintenance along the east boundary of the site, and a five -foot landscape easement for common maintenance along the south and western boundaries of the project. (Planning & Zoning Division) 8. The monies in lieu of recreation land dedication due total $65,083 and are required to be payed prior to the issuance of the first Building Permit. This sum shall serve as the project's recreation impact fees. (Building) 9. The gate system used or ingress /egress to the site, shall be open during special events, where traffic into and out of the site is significantly increased. (Code Enforcement) 10. Within sixty (60) days of the effective date of this ordinance, the applicant, and its successor and/or assigns shall submit a detailed landscape and sidewalk plan for Idlewild Drive that has been approved by Palm Beach County. (Planning & Zoning Division) 11. Prior to the first issuance of a Certificate of Occupancy, the County approved landscaping and sidewalk for Idlewild Drive shall be completed. Perpetual maintenance of said landscaping and sidewalk shall be maintained by the applicant, and its successors and/or assigns. (Planning & Zoning Division) 12. Prior to the first issuance of a Building Permit, the northerly perimeter wall, adjacent to Idlewild Drive, shall be completed. (Planning & Zoning Division) 13. When the water and sewer utility lines are installed for the project, the lines shall include "stub- outs" to the adjacent lots. (Engineering) 14. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (Planning & Zoning Division) 15. The applicant, and its successors and/or assigns shall notify all future townhome owners of adjacent existing uses in writing prior to the purchase of a townhome, by stating in the sales contract that the property immediately to the north of the site (single family residential), and the property to the northeast of the site (the Seminole Boatyard), are properties that have not been incorporated into the City of Palm Beach Gardens. The notification shall further state that these properties are under the jurisdiction of Palm 3 Beach County. Prior to issuance of the first building permit, said contract shall be submitted to the City Staff for verification. (Code Enforcement). 16. Prior to the first building permit, the applicant shall submit to the City for approval, a cross parking agreement that states that the adjacent property owner to the west (The Harbor Shops) grants permission for the Marina Gardens townhome residents and guests to use the Harbor Shops parking lot for overflow parking. (Planning & Zoning Division) 17. The home owners association documents shall include language stating that the garages shall be used to park vehicles, and shall not be modified for living or storage only space. Said documents shall be submitted to City Staff for verification prior to the issuance of the first building permit. (Code Enforcement) SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: February 2, 1999 Site Plan, Urban Design Studio, Sheet SP -1 (1 Sheet). 2. January 26, 1999 Landscape Plans, Urban Design Studio, Sheets L -1, L -2, L -3, and L -8 (4 sheets total). 3. December 7, 1998 Landscape Plans, Urban Design Studio, Sheets L -4, L -5, L -6, L -7, and L -9 (5 sheets total). 4. January 26, 1999 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet 1 of 2 (1 sheet total). 5. December 5, 1998 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet 2 of 2 (1 sheet total). 6. November 17, 1998 Elevations, Quincy Johnson Associates, Inc., Sheets A -1 and A -2 (2 sheets total). 7. November 18, 1998 Elevations, Roof Plans, and Floor Plans, Quincy Johnson Associates, Inc., Sheets A -3 through A -16 (14 sheets total). 8. December 31, 1998 Photometric Plan, (1 sheet total). 9. September 4, 1997 Topographic Survey, Wallace Surveying Corporation, (1 sheet total). 10. May 29, 1997 Boundary Survey, Wallace Surveying Corporation, (2 sheets total). 4 SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 1999. PLACED ON SECOND READING THIS DAY OF '1999. PASSED AND ADOPTED THIS DAY OF '1999 MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK mm VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g1short:pud9806.or5 !1 COUNCILMAN ERIC JABLIN APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 5 February 4, 1999 ORDINANCE 5, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, 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 IDLE WILD ROAD, ON THE SOUTH SIDE OF IDLEWILD ROAD TO A PLANNED UNIT DEVELOPMENT - RESIDENTIAL, IN ORDER TO CONSTRUCT 63 TOWNHOMES; PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from High Field Ltd. for approval 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 (PUD/R) as more particularly described in Exhibit "A" attached hereto; WHEREAS, the 4.36 acres of the site that was formerly located within unincorporated Palm Beach County currently has a County zoning designation of Residential - Single Family (RS), and the remaining 2.9 acres has a City zoning designation of General Commercial (CG -1); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; WHEREAS, the City approved Ordinance 48, 1997 allowing for the annexation to. the City of an area of 4.36 acres of real property known as "Soverel North "; �v WHEREAS, the City approved Resolution 65, 1998 allowing the applicant to concurrently process a comprehensive plan amendment and an application for a planned unit development order; WHEREAS, the City approved Ordinance 4, 1998 approving a comprehensive plan amendment, changing the property from a Palm Beach County Land Use Designation of Urban Residential 3 and a City Land Use Designation of Commercial ( C ), to City Land Use Designations of Residential High (RH) and Residential Medium (RM); WHEREAS, the City's Growth Management Department has recommended approval of "Marina Gardens "; and 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. 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 High Field Ltd. for a PUD/RM & RH of 7.26 acres located approximately 500 feet to the east of the intersection of Prosperity Farms Road and Idlewild Road, on the south side of Idlewild Road, as more particularly described in Exhibit "A" attached hereto; from Urban Residential 3 and Commercial, to Planned Unit Development / Residential - Medium & Residential -High, in order to construct 63 townhomes to be known as Marina Gardens. SECTION 2. The following waiver is hereby granted with this approval: A waiver of Section 118- 279(h)(1)a requesting that the required 15 foot landscape buffer around the south and west boundaries of the site, be reduced to 5 feet in width (for common maintenance). SECTION 3. 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. Prior to the first issuance of a certificate of occupancy, the applicant shall complete the construction of a sidewalk on side of Idlewild Road, from the intersection of Idlewild Road and Prosperity Farms Road to the entrance of the proposed project. (City Engineer) 2. Prior to cow nstruc on plan pproval, the a licant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County. (City Engineer) Prior to issuance of the first building permit, the applicant shall replat the subject property and demonstrate the abandonment of the existing easements. (City Engineer) 4. Prior to construction plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads, and fountain design. (City Engineer) Prior to construction plan approval, the applicant shall provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. (City Engineer) 6. No screen enclosures shall be permitted for the townhomes. OA (Planning & Zoning Division, Code Enforcement) The plat shall include a 15 -foot wide landscape easement for common maintenance along the east boundary of the site, and a five -foot landscape easement for common maintenance along the south and western boundaries of the project. (Planning & Zoning Division) The monies in lieu of recreation land dedication due total $65,083 and are required to be payed prior to the issuance of the first Building Permit. This sum shall serve as the project's recreation impact fees. (Building) 9. The gate system used or ingress /egress to the site, shall be open during special events, where traffic into and out of the site is significantly increased. (Code Enforcement) 10. Within sixty (60) days of the effective date of this ordinance, the applicant, and its successor and /or assigns shall submit a detailed landscape and sidewalk plan for Idlewild Drive that has been approved by Palm Beach County. (Planning & Zoning Division) 11. Prior to the first issuance of a Certificate of Occupancy, the County approved landscaping and sidewalk for Idlewild Drive shall be completed. Perpetual maintenance of said landscaping and sidewalk shall be maintained by the applicant, and its su c sors and /or assigns. (Planning & Zoning Division) C _ 12. Prior to the first issuance of a Building Permit, the northerly perimeter wa , a lac nt to Idlewild Drive, shall be completed. (Planning & Zoning Division) 13. When the water and sewer utility lines are installed for the project, the lines shall include "stub- outs" to the adjacent lots. (Engineering) 14. The applicant shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (Planning & Zoning Division) 15. The applicant, and its successors and /or assigns shall notify all future townhome owners of adjacent existing uses in writing prior to the purchase of a townhome, by stating in the sales contract that the property immediately to the north of the site (single family residential), and the property to the northeast of the site (the Seminole Boatyard), are properties that have not been incorporated into the City of Palm Beach Gardens. The notification shall further state that these properties are under the jurisdiction of Palm Beach County. Prior to issuance of the first building permit, said contract shall be ubmitted to the City Staff for verification. (Code Enforcement). Prior t Qthea ilding permit, the applicant shall submit to the City for approval, a cross p ee ent that s ates that th ad cent prop owner �ests Harboant er ' sio or the arina arde to ho res o� to use Shop parking to overflow p mg. (Planning & Zoning Division) 1�0 The home owners association documents shall include language stating that the garages shall be used to park vehicles, and shall not be modified for living or storage only space. Said documents shall be submitted to City Staff for verification prior to the issuance of the first building permit. (Code Enforcement) SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. January 26, 1999 Site Plan, Urban Design Studio, Sheet SP -1 (1 Sheet). 2. January 26, 1999 Landscape Plans, Urban Design Studio, Sheets L -1, L -2, L -3, and L -8 (4 sheets total). 3. December 7, 1998 Landscape Plans, Urban Design Studio, Sheets L -4, L -5, L -6, L -7, and L -9 (5 sheets total). 4. January 26, 1999 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet 1 of 2 (1 sheet total). 5. December 5, 1998 Conceptual Drainage Plan, EnviroDesign Associates, Inc., Sheet 2 of 2 (1 sheet Xotal). 6. November 17, 1998 Elevations, Quincy Johnson Associates, Inc., Sheets A -1 and A -2 (2 sheets total). 7. November 18, 1998 Elevations, Roof Plans, and Floor Plans, Quincy Johnson Associates, Inc., Sheets A -3 through A -16 (14 sheets total). 8. December 31, 1998 Photometric Plan, (1 sheet total). 9. September 4, 1997 Topographic Survey, Wallace Surveying Corporation, (1 sheet total). 10. May 29, 1997 Boundary Survey, Wallace Surveying Corporation, (2 sheets total). SECTION 5. This Ordinance shall be effective upon adoption. El PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF , 1999. , 1999 1999 MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g'shorl:pud9806.or9 /jl February 4, 1999 February 4, 1999 Amendment 2 to Ordinance 5, 1999 The text of proposed Ordinance 5, 1999, as approved on first reading, shall be amended as follows: A. Amend Section 3(7), by removing "Prior to plat approval" and rewording the entire condition from: "Prior to plat approval, a 15 -foot wide landscape easement shall be established for common maintenance along the east boundary of the site and a five -foot landscape easement shall be established along the south and western boundaries of the project. (Planning & Zoning Division) "; so that it shall read: "The plat shall include a 15 -foot wide landscape easement for common maintenance along the east boundary of the site, and a five -foot landscape easement for common maintenance along the south and western boundaries of the project. (Planning & Zoning Division)" B. Amend Section 3(12), by removing after "Prior to the first issuance of a" and before the comma, the following: "Certificate of Occupancy ", and inserting after "Prior to the first issuance of a" and before the comma, the following: "Building Permit "; so that it shall read: "Prior to the first issuance of a Building Permit, the northerly perimeter wall, adjacent to Idlewild Drive, shall be completed. (Planning & Zoning Division)" C. Amend Section 3 to include subsections (14), (15), (16), and (17); so that it shall read: "14. The applicant shall maintain all landscaping associated with the approval of this petition and/or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (Planning & Zoning Division) 15. The applicant, and its successors and/or assigns shall notify all future townhome owners of adjacent existing uses in writing prior to the purchase of a townhome, by stating in the sales contract that the property immediately to the north of the site (single family residential), and the property to the northeast of the site (the Seminole Boatyard), are properties that have not been incorporated into the City of Palm Beach Gardens. The notification shall further state that these properties are under the jurisdiction of Palm Beach County. Prior to issuance of the first building permit, said contract shall be submitted to the City Staff for verification. (Code Enforcement). 16. Prior to the first building permit, the applicant shall submit to the City for approval, a cross parking agreement that states that the adjacent property owner to the west (The Harbor Shops) grants permission for the Marina Gardens townhome residents and guests to use the Harbor Shops parking lot for overflow parking. (Planning & Zoning Division) 17. The home owners association documents shall include language stating that the garages shall be used to park vehicles, and shall not be modified for living or storage only space. Said documents shall be submitted to City Staff for verification prior to the issuance of the first building permit. (Code Enforcement)" D. Amend Section 4(1), by removing after the number "1." and before the comma, the following: "January 26 ", and inserting after the number "1." and before the comma, the following: "February 2, 1999 "; so that it shall read: " 1. February 2, 1999 Site Plan, Urban Design Studio, Sheet SP -1 (1 Sheet)." Amendment 1 to Ordinance 5, 199.9 The text of proposed Ordinance 5, 1999, as approved on first reading, shall be amended as follows: A. Amend Section 3(7), by removing "Prior to plat approval" and rewording the entire condition from: "Prior to plat approval, a 15 -foot wide landscape easement shall be established for common maintenance along the east boundary of the site and a five -foot landscape easement shall be established along the south and western boundaries of the project. (Planning & Zoning Division) "; so that it shall read: "The plat shall include a 15 -foot wide landscape easement for common maintenance along the east boundary of the site, and a five -foot landscape easement for common maintenance along the south and western boundaries of the project. (Planning & Zoning Division)" B. Amend Section 3(12), by removing after "Prior to the first issuance of a" and before the comma, the following: "Certificate of Occupancy ", and inserting after "Prior to the first issuance of a" and before the comma, the following: "Building Permit "; so that it shall read: "Prior to the first issuance of a Building Permit, the northerly perimeter wall, adjacent to Idlewild Drive, shall be completed. (Planning & Zoning Division)" C. Amend Section 3 to include subsections (14), (15), (16), and (17); so that it shall read: "14. The applicant shall maintain all landscaping associated with the approval of this petition and /or as conditioned in this Development Order using the minimum recommended turf management practices and horticultural practices as outlined in the City's Maintenance Standards for Mowing and Landscaping, when said standards are approved by the City. (Planning & Zoning Division) 15. The applicant, and its successors and /or assigns shall notify all future townhome owners of adjacent existing uses in writing prior to the purchase of a townhome, by stating in the sales contract that the property immediately to the north of the site (single family residential), and the property to the northeast of the site (the Seminole Boatyard), are properties that have not been incorporated into the City of Palm Beach Gardens. The notification shall further state that these properties are under the jurisdiction of Palm Beach County. Prior to issuance of the first building permit, said contract shall be submitted to the City Staff for verification. (Code Enforcement). 16. Prior to the first building permit, the applicant shall submit to the City for approval, a cross parking agreement that states that the adjacent'property owner to the west (The Harbor Shops) grants permission for the Marina Gardens townhome residents and guests to use the Harbor Shops parking lot for overflow parking. (Planning & Zoning Division) 17. The home owners association documents shall include language stating that the garages shall be used to park vehicles, and shall not be modified for living or storage only space. Said documents shall be submitted to City Staff for verification prior to the issuance of the first building permit. (Code Enforcement)" 0 Exhibit "XI OESCMPTfON: Being a oafce( of land In the Northeast Ouarter WE 110( Section S. Township 42 South. Range 43 East, Patm Beach County. Florida, and be" more partteu(arly described as (060ws: Commence a( the pole( of lnterseCdon of the Northerly ttgW -( -way ine of P.G.A. Boulevard (also known as Slate Road 741, as said Nathefty tlgh(- ol-way %me is Shawn on the Palm Beach County. finds Cngrneemn OeOse"em tight -oGway Map for Slate Road No. 7<, said right -a-way map is recorded In Plat Book S. Pages 189 through 190. of the PWta Records of Palm Beach County. Monde. %iff, the Eas(edy nigh( - *(-way kte of Prosoenfy Farms Road. at sad Easterly rtght- of-way Nne is shown on the Porn Beach Corinty. Ftonda Engineering Oepartrnenl MaP (or the Ultimate right- of,way of Pro sperity farms Road, OmYAN No. 3- 70-001 RW. Sheets 6 and 7 0(11, dated June 1970, said map being uc"corded: thence North 01 degree 32 minutes S2 seconds East, a" tatd Essterty e1ht-of -way ine o(Prosped(y Fame Road, a distance of 1197.82 feel to a poktt on ale Southerly fight -ofwvay ine o(Id(ewid Road (also known as County Road No. -71, said poin(belnq shown on said Otawinq No. 3. 70.001 RW. thence South 87 degrees 4e tnifutes 23 seconds East, along said Southerly righ(-o(wvay ine o(Idte%4d Road. t distance of 500.91 feet to the POINT OF BEGINNING 0(-the hereinafter detailed paccet thence ew&m South 87 degroes <8 mtnu(es 23 aecocZa EssL along said Soue" eght-of -way ire of kitewad Road and a" the Northerly ice of Lot 1 of Robinson Subdivision (unrecoededt a distance of 175.63 fee(to the Northeast eonmr of Lot 1: thence South 01 degree 30 minutes 30 seconids West. a" the E231 50" of Lots 1. 2, and 3 of Said Robinson SubdMskhL a distance of 221.22 (eel (a the Northwest caner of Lot 5 of said Robinson Subdcrttion; thence South 52 degrees 26 minutes 07 seconds East along the Noctheastetty fine *( said t.o( S. a distance of 216.35 feat (o the Northeast corrterof tW Lo(S; thence Noah Ot de9rae 31 mtcxrles 48 seconds East aioflq Itie East Ines of Lots 6 and To( said Robinson Subdivision. a dstance of 237.27 tee( to the Northeast comer of said Lo( 7; thence South 88 degrees 30 minutes 15 seconds Ell( along the South ine o(Lo( 9 0f taid Robinson Subdivision, a distance of 44.99 feel tot" Soul eat( comer of said Lot 9; thence North Ot degree 30 mkYAes S4 seconds East *tong the Easl ine of said Lot 9, a distance of 108.64 fee( to the Northeast comer of tsfd Lot Q. said Northeast comer also being a point on said Southerly e- QM -d-way icte o(Idtewid Road; thence Souk 87 degrees 46 minutes 23 seconds East, along said Southerly right-of -way ine of kfte%4d Road and along the Northerly Lie of Lot 10 of said Robinson Subdtvtsim a distance of 130.01 feet to the Northeast comer of said Lo(10: thence South 01 degree 30 mtnvtes 50 seconds Went, along the East ine of said Lot 10. a distance of 107.06 feet to the Northwest comer of Lot 16 of said Robison Subdivision; thence South 88 degrees 30 minutes 15 seconds East. slag the North ine of said Lot 16, a distance x(110.40 fee(to a point on a ine 40.60 fee( West of and paralfe( *(th the East ine of told Lo( M. thence South 01 degree 38 minutes 37 seeondt West, along said paratte( ine and the Southerly extension thereof, a distance o(391.69 feet to a point; thence North 69 degrees 02 mfrMes 19 seconds West a distance of 73.55 fee(; thence South 67 degrees « mtnirlet 10 seconds Well a distance of 409.44 feet: thence North 38 degrees 59 minutes 50 seconds West a distance of 285.19 feel; thence North 12 degrees 58 mktutes 03 seconds West, a distance o(230.65 feet to a po(nl'06 a ine pafat(e(w((h and 206.00 feet South of, as measured at AgN( angles to, said Southerly right-of-way ine of Idtewlld Road, said pokit also"on the centerline of a 24 too( Roadway Easement. as recorded in O(fkfal Record Book 2688, page 1424. Pubfie Records x( Patm Beach County. Florida; thence North 39 degrees 36 minutes 47 Seconds East, stong isid centerline, a distance of 53.16 fee( to the beginning of a curve concave to the Wes{ having it radius of 90.00 fee( and a een(raf angle of Se degrees 10 minutes 34 seconds; thence Nontherty along the arc *( said ante, a distance of 59.97 feet to the Point of tangency; thence North 0 degree 26 mtrmes 15seconds East a dtstanc8 of 107.90 tee( to a point on the South rkgbt finny ine of idiewfld Road and the POINT OF BEGtNMNG. .7"D A parcel of Land in the Northeast one -q arter (NE Y.) of Section S. Township 42 South. Range 43 East. Pt(m Beach County. Florida. more parftAady described as follows: From the Northeast caner of said Sacdon 5; nrct South 02 degrees 01 minutes 47 seconds West On the East ine of said Section S. a distance of 1644 62 feet; thence non North 8e degrees 31 mkxr(es OS Seconds West a, distance of 1628.96 feet; thence fun Sou(tt 0 j degree 30 minutes 54 seconds WesL a distance of 270.65 feet to the POINT OF BEGINNING of the parcel herein conveyed: thence conanxre South 01 degree 30 mKUtes 54 Seconds West a distance of 147.19 (eel: thence tUn North 52 degrees 28 mi netes 32 seconds West a distance of 216.34 feet: thence fun North 01 degree 30 mkutes S4 seconds East, a distance o(20.00 feet: thence nun South 88 degrees 29 mkutes OS Seconds East, a distance of 175.00'feet to the POINT OF BEGINN(NG. ANb A parcel di land In the Northeast % of Section S.Townshlp 42 South. Range 43 East Palm Beach C&inity. Florida. more partlau(arty described as folt*ws: From the Northeast comer of told Section 5; nm thence South 02' O1' 47' Weston the East ine of said Section 5. a distance of 1844.82 feel thence nun North 88' 3 t' OS `Nests distance o(1628.98 feet thence run South 1' S0' S4' WesL a distance of 180.65 tee(to the POINT OF BEOtNMUG of the parcel herein detcnbed; thence continue South 1' 30' S4' West a distance of 90 feet; thence non North 86'2T 06' West a distance of 17S.0 feel: thence M Noah 1.10' S4' East a distance 0f 90 feet: thence nun South 88' 29' 06' Easl a distance of 175.0 feel to the POINT OF BEOWNWO. Subject to easement (or u(lfilles over the East 6 feet and the North 6 feet thereof, and easement fa road rt tit- o(-wcy p(xposet oven the foOwlnq desatbed strip of Land: Be9lnnhN at the Northwest corner of the above parcel: thence run South 88.29' 06' East a distance c(20 feel: thence run Sovih I' NY 64' West a distance of 70.0 feet to a point on a curve, concave to the Southwest and having a radius of 50 feet; thence run Southeasterly on the are of tad curve a distance o(2S.79 feet; thence nx1 North 88.29' 06' West a distance of 45.83 feet; (hence fun North 1' 30' S4' East a distance of 90 feet to the POINT OF BEGINNING. ENO OF LEGAL OESCRIPTtON MO l F: ItfAlkkO f1Af,E0 Ok I llf. fAStfftt Y lttgtlf Of' •WAY (INr Of NtI(MI tt(fy OArlMB ftOAO wtftr:ff M ArinlfMf•ft f(1 (it -Aft tf nl':1 21' Akf1 At t rtfaft'fl It( Atttktttt MIT ftFl AIM 111('flf f0 &C 0- LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor R FROM: Tammy Jacobs DATE: December 30, 1998 SUBJECT: Marina Gardens - Soverel North Townhomes (LBFH File No. 98 -4006) We have reviewed the revised Site Plan, Landscape Plan, Site Detail Sheet and Conceptual Idlewild Road Improvements Plan prepared by Urban Design Studio, and Conceptual Drainage Plan prepared by Enviro Design received December 10, 1998. We have also reviewed the revised Site Plan and narrative prepared by Urban Design Studio received December 28, 1998. We offer the following comments: 1) Conditionally Satisfied. Prior to Construction Plan approval, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road (i.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County. We have initiated communication- with Palm Beach County Land Development Department to ensure that all County and City requirements are met prior to the project commencing construction. (See attached copy). 2) Conditionally Satisfied. The applicant shall replat the subject property and demonstrate the abandonment of the existing easements prior to issuance of the first building permit. 3) Previously Satisfied. ,,. 4) Previously Satisfied. 5) Previously Satisfied. 6) Previously Satisfied. 7) Conditionally Satisfied. Prior to Construction Plan approval, the applicant shall submit certified structural drawings and calculations for the proposed walls, bulkheads and fountain design. 8) Conditionally Satisfied. The applicant has provided a typical section showing the location of all common utilities. Prior to Construction Plan approval the applicant will 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -38W • FAX: (561) 286 -3925 httpJ /w,%w.mm.00m • e-man: InfoOthftoom wreT PALM BEACH FORT PIERCE OKEECHOBEE Soverel North Townhomes Page 2 Project No. 98 -4006 need to provide a letter of authorization from the utility owners allowing the applicant to landscape and pave within the utility easements. 9) Previously Satisfied. 10) Previously Satisfied. 11) A. The applicant is requesting a waiver from LDR Section 118 -475 and is proposing 9' wide parking spaces. We support the LDWs requirements for a standard 10' wide parking space. B. Satisfied. The applicant has revised the parking space detail and handicap parking space detail to show contrasting colored paver bricks for striping and handicap symbols. 12) Previously Satisfied. 13) Previously Satisfied. 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Satisfied. The applicant has shown a 12 -inch wide strip of white pavers on each side of the pedestrian crossing. Y. 19) The applicant has relocated the buildings east and west of the proposed pedestrian pathway to provide the required 10 foot minimum separation between buildings. We had previously suggested that the applicant provide a landscape strip between the driveways and pedestrian pathway to provide an increased level of pedestrian safety. The applicant has resisted this suggestion primarily because it would be difficult to use the driveways in their proposed configuration if the landscape strips were added. However, in the proposed configuration, vehicles will be crossing over the pathway when entering or existing the driveways. Because of this, we are technically obligated to continue our recommendation that the geometry provide for a separation between pedestrian and vehicular areas. 20) Satisfied. The applicant has shown the pedestrian sidewalk continues from the South Soverel North Townhomes Page 3 Project No. 98 -4006 Garden Gazebo to the pedestrian crossing at the roadway. 21) Conditionally Satisfied. Prior to City Council approval, the applicant shall show the required signage for the pedestrian crossing per F.D.O.T (Manual on Uniform Traffic Control Design W1 1A -2). 22) Satisfied. The applicant has revised the 6" extended curb detail to an FDOT type `D' curb detail. 23) Satisfied. The landscape plan has been revised to show a 20 -foot landscape maintenance easement, consistent with the Site Plan and Drainage Plan. 24) Satisfied. The applicant has revised lake section A -A to show the 20 -foot landscape maintenance easement at a maximum slope of 8:1. The applicant also revised the cross slope on the patio to a 40:1. 25) The control structure and drainage details provided with the Site Plan will be reviewed during Construction Plan review, when detailed drainage calculations are provided. Therefore, there may be additional comments issued, at that time. As a reminder to the applicant, all drainage pipes under pavement shall be reinforced concrete. The applicant is requested to return a copy of our commentswith the applicants acknowledgment of each comment and the response. Compliance will expedite the subsequent review. TJ/RC PAPSOMEMOW0061.doc c: Bobbie Herakovich Roxanne Manning Wbf LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS MAPPERS December 30, 1998 Mr. Ken Rogers Palm Beach County Land Development P.O. Box 21229 West Palm Beach, FL 33416 -1229 RE: City of Palm Beach Gardens; Marina Gardens Dear Mr. Rogers: We are currently reviewing the Marina Gardens project for site plan approval. The project is scheduled for I' reading at the January 21, 1998 City Council meeting. It should be noted that the conceptual drainage plan prepared by EnviroDesign shows the project outfalling to the existing Palm Beach County storm water system within. the Idlewild Road right -of -way. We have not received any detailed information on the project's proposed storm water system or on the improvements that may be required by Palm Beach County for this connection. However, we are aware that the County may require improvements to the existing drainage system as well as roadway improvements. We are therefore recommending that the first condition of approval read, "Prior to Construction Plan approval, the applicant shall provide approved permits from Palm Beach County for all improvements to Idlewild Road C.e. drainage, roadway, curb & gutter, etc.) required by Palm Beach County." We have also included a. copy of the SFWMD response comments to Higgins Engineering, Inc. dated December 17, 1998 for drainage improvements to Idlewild Road. Please call me at (561) 286 -3883 if you would like to discuss further any improvements to Idlewild Road that the County may be requiring. r Sincerely, LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. Lennart E. Lindahl, P.E. City Engineer TJ P:\pbgrnemo\4003J.doc c: Bobbie Herakovich Roxanne Manning Marty Minor 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIOA 34990 • (561) 286 -3883 • FAX, (581) 288.3925 t ttPJ /W,&W.Ibth.00m • e-man: Into®Ibfi.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE 051 iSPM PALM BEACH South. Florida Water Management: District 9 3301 Can Club Road, West prim Beach, Rafidi33406 - (561) 686 -8300 • FL WATS 1- 800 - 432 -2045 TDD (S61) 697 -2574 Cox 24 -06-02 Application No. 9811117 -3 Regulation Department December 17,1998 Robert W. Higgins, P.E. Higgins Engineering, Inc. 4.623 Forrest Hill Blvd, Suite 113 West Palm Bewh, FL 33415 12 -22-9 8P01 :02 RC Subject: Idlewild Road Drainage Tmprovement,.Palm Beach County, S5 /T4ZSiR43E Staff has completed a preHminmy review of the above referenced application. According to i2.ule 40FAO, Florida Adrmin ;strative Code (FAC), satisfactory answers to the following comments must be provided before our review can continue. 1. Please be advised that the water quality treatment volume needs to be the greater value of either the first inch of runoff pver the the project acreage or 2.5" tlm__es the percentage impervious. Please revise calculations and re- submtit, 'lease note that the District shall reduce the water quality requirements, If documentation is provided which demonstrates that all reasonable design alternglives have been considered, and which provides evidence that the alternatives are all cost prohibitive. 2. Please provide a table that summarizes the project's laaduse (acreage and percentage) using the following category "es tofal, greea ,area, and pavement. 3. Please provide more detail on drawing (sheet 4) of the exfiltration trench pursuant to Volume N to indicate the appropriate elevations. 4. Please provide soil borings or other information which demonstrates that the proposed control elevation is appropriate for this submittal. 5. Please be advised that percolation tests must be submitted if oxfiltration systems are proposed. Percolation tests shall be representative of design conditions. Please submit results. 6. Please provide more detail of the S -1 control structure (sheet 3) showing the north invert of the IS L.F. of 24" RCP. wcrrclaa��Baard: un{c Wdrlsmaon, Jr., Chairman Vtre M. Carter Richard A- Maduk sxmud E. PoalC UL Eueudvt Dir=wv 'JV" K Perdt, vice Chdrmta V T&tm E, Grthem Mkhcd D. Mineon Mlchaet Stgwn, Depu(� Smcudvt Director (W%4 W. Berger William Hunmond Miriam singer Malmno- Acktn•ac P.O. Rcm NAPA. Woo P.lm %rsrh M 4U144 4A f1 •DEC Za egg 05t13PM Rq M BEACH GWJXM ••• 'Robert W. Ht.ggins, P.E. Higgins•Engineering, Inc. Subject: IdloMId Road Drainage Improvement December 17,1998 Page 2of2 7. How is runoff east of station 24+00 being treated for water quality? Pleamc address this issue. In accordance with 40B- 1.603(8) FAC, if the requested infoanation is not recelved within 90 days of the date of this letter, this application may be processed for denial, if not withdrawn by the applicant; Flcase attach ,a copy of the _eWosed1!1, Transmittal Form For hosted,,, Additional Wortnation "_ t� each of the required FOUR. _couicmof_tho_muested information. Should you have any questions, please call Rick Sob=k at (561) 682 -6868. Sincerely, Maria C, Clemente, P.E. Senior SupervW%q Engineer Surface Water Management Division MCCrrps ' Attacbment c: bFP/Palm Beach County Engineer/ 4Zown�Qf?,glr:$eacli Gardens En?neer,tr;, JAN 210 199 0 ?_;09PM PR M BERCH GARDENS CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum . P. c Date of Meeting: February 4.1999_ Date of Report: January 20.1999 Appointment of One (1) Member to the Board of'Trusteeaf of the City of Palm Beach Gardens General Ftlaployeee' Pension Fund _ Subject/Agenda Item Consider a motion to appoint, as a ministerial duty, Daniel Hackman to the Board of Trustees of the City of Palm Beach Gardens Ovaeral Employm' Pension Fuaad, which term of office shall expire on lazivary 1, 2002. Recommendation/Motion: Reviewed ,by: ,t( WI Originating DepLt AdmIaldradon Coebl &A_ TOW Council Aettene „�) !� City Attorney (] Approved Finance S-- [ ] Approved w/ condidons Current FY ACM � ( J Doniacj Human Roe. Funding 8ourcei [ ] Continued to: Advertised: AttachroanUt Other Data: [ ] Operating Rcsolutlan 8, 1999 ( 1Other_ Paper: [ X I Not Required Submitted 6y/ AditrAiet to the C Afhoted pardee ( J Notified Budast AeeLOu [ 1 None Approved byi City Managcr [ X] Not required BACKGROUND: F}: The Board of Trustees of the City of Palm Beach Gardens General Employees' Pension Plan have appointed Dardel Hackman as the 5th memberof the Board. The Code allows the Sth metnberto be appointed by L Majority of the other four members of the Board of Trustees. The Code also allows, ee a ministerial duty, for the City Council to confirm the appointment of the Sth member. The four members of the Board of Trustees have appointed Daniel Hackman as the Board of Trustees Sth member and recommeuds that the City Council confirm the appointment. Mr. Hackman's term of office shall expire on January 1, 2002, 7. anH,4 00gq— ).P,9—T99: XH--I 11377 '8 QNUTAH N08N311dM: Q I 80:60 66. TZiTO January 20, 1999 RESOLUTION 8, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF PALM BEACH GARDENS GENERAL EMPLOYEES' PENSION PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3 -128 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Board of Trustees General Employees' Pension Fund, and WHEREAS, Section 3 -128 of the City of Palm Beach Gardens Code of Ordinances provides for, as a ministerial duty, the appointment of one member to the Board of Trustees by the City Council who has been selected by a majority of the other four members of the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 3 -128 of the Palm Beach Gardens Code of Ordinances, m1eD is hereby appointed as a member of the City of Palm Beach Gardens General Employees' Pension Plan for three (3) years, which term of office shall expire on January 1, 2002. 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. JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY RESOLUTION 8, 1999 PAGE 2 VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO JAN 20 X99 02:10PM PALM BEACH GARDFNS CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 01/20/99 Subject/Agenda Item Resolution 8, 1009, appointing Michael Sutton to the,Police Pension Board. Recommendat on /Motlon: Staff recommends approval of Resolution 9. 1889. P.5 Reviewed by; �� _ •f, Originating Dept.; Coats:' Q Council Acton: Total City Attorne Finance [ I Approved - Finance_- - I Approved wr ed+e,oen� l(Yl Currenl FY [ l Denied ACM Advertised: Human Res. Funding Sourer: ( I Continued to: Attachments: Date; (I OpentlnQ Other Paper: IX I Not Required I x I Other Nona _ Meinorandum Submitted by: Kent R. Olson 0epartment Director At'Moted pertles I I Notltled Budget Acot *:: ( ]None Approved by: City Manager ( x I Not required o 'Off ,� ��N,a nnaq- 1,74 -T�14: Xd-1 113"1)1 '8 QNUTAH NOS�1311dM: aI 60:60 66. TZ /TO February 4, 1999 RESOLUTION 9, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES OF THE PALM BEACH GARDENS POLICE OFFICERS' PENSION FUND; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 50 -82 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the Board of Trustees of the Palm Beach Gardens Police Officers' Pension Fund, WHEREAS, the term of the member of the Board of Trustees has expired; and, WHEREAS, the City Council desires to fill the vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: eGtim 1. Pursuant to Section 50 -82 of the Palm Beach Gardens Code of Ordinances, is hereby appointed as a member of the Board of Trustees of the Palm Beach Gardens Police Officers' Pension Fund for two (2) years, which term of office shall expire November 7, 2000. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS In ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO DAY OF FEBRUARY 1999. JOSEPH R. RUSSO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY AYE NAY ,ABSENT MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance Director KRO SUBJECT Appointment of Police Pension Board Member DATE January 20, 1999 The Police Pension Board has a vacancy for a City appointed member as the result of the expiration of Kenneth Steele's term. Mr. Steele no longer lives in the City of Palm Beach Gardens, thus he cannot be reappointed as a City representative. Given the City had no applications from residents interested in serving on a pension board, I asked for a meeting with Mr. Sutton( a resident who recently was appointed to the Police Pension Board as the fifth member of the Board) to discuss the possibility of his serving as a City representative on the Board(the fifth member is chosen by the other four members and does not have to be a resident). I met with Mike on January 13 and was very impressed with Mike's credentials. Mike currently manages the investments for several pension funds in Florida. In addition to Mike's strong background in finance, he also has earned a law degree from Florida State University(see attached resume). I believe he will be an asset to the Police Pension Board and recommend his appointment. RECOMMENDATION I recommend the City appoint Michael Sutton as a City representative to the Police Pension Board. MICHAEL S. SUTTON, JD, CIC, CFA Loomis, Sayles & Company, L.P. 2391 Cypress Island Drive 4.100 PGA Blvd, Suite #6(X) Palm Beach Gardens, Florida 33410 Palm Beach Gardens, FL 33410 (561) 776 -3191 (561) 775 -5880 Fax (561) 77; ")09 ate Ipages� M EXPERIENCE Managing institutional and individual equity, fixed income and balanced portfolios for two of the oldest and largest investment counseling firms in the country. Responsibilities at both firms included administration, servicing and meeting with clients. Marketing responsibilities ranged from developing leads through preparation and making final presentations. 9192 to Present LOOMIS, SAYLES & COMPANY, L.P. , VP /Portfolio Manager • Manage 21 accounts - $212 million assets as of 3/98 • Manage 2 professionals in the new business group for the Florida office concentrating on growing the institutional market and developing consultant driven business. • Computer System Advisory Committee - member of team responsible for choosing the new accounting, portfolio management and trading systems for the entire firm 8187 to 8192 STEIN ROE & FARNHAM, Inc. , Portfolio Manager & Southeast Regional Marketing Manager . • Ranked 5th out of 29 portfolio managers at Stein Roe for investment performance over a three year'measurement period • Established a highly successful joint marketing arrangement for Stein Roe through Advest securities with CIGNA salespersons to provide our investment services to CIGNA clients and prospects. • Featured presenter at over 30 CIGNA sponsored seminars during a 5 month period generating interest in Stein Roe's services and the joint program. Captured the majority of new accounts coming into the program. • Ranked 3rd in new business in my final year 1992 CHARTERS & Chartered Financial Analyst (CFA 1993) DESIGNATIONS AIMR Continuing Education Certificate of Achievement 1993 -8 Chartered Investment Counselor (CIC 1993) Series 2, 63, & 65 Designations Michael S. Sutton - page two EDUCATION FLORIDA STATE UNIVERSITY - Tallahassee, Florida Graduate: Business MASTER of BUSINESS ADMIN. (July 1987) Legal JURIS DOCTORATE (July 1987) Emphasis: Business Undergraduate: BACHELOR OF SCIENCE in Finance (May 1984) Minors: Economics & Classical Civilizations Honor. Edwin J. White Memorial Scholarship: Outstanding Finance Student at FSU (1983) ACTIVITIES • Association for Investment Management and Research (AIMR) • Financial Analysts Society of South Florida: Board of Directors (1994 -8); President (1997 -8) Vice President (1996 -7) Placements (1995 -6) Membership Chair (1994 -5) • Graded Level 11 1997 CFA Exam • Leadership Palm Beach County (Class of 1995 -6) • Healthy Mothers /Healthy Babies: Board of Directors; Fundraising Chair (1995 -7) • Co- Founder & Past President FSU Booster Club of Broward County (1988 -90) • Area Fundraising Chair of Southeast Florida: FSU Boosters (1991) • Sigma Nu Fraternity Alumni Housing Corporation: Boardmember & Treasurer (1989 -) • Plantation High School Academy of Finance Speaker (1988 -92) • Dwyer High School Academy of Finance: Mentor Program (1992 -) Business Advisory Board (1996 -) • Economic Forum of Palm Beach County: Member (1993 -6) • North Palm Beach Chamber of Commerce: Education Committee (1994 -6) • Who's Who: Finance & Industry, America, & World SPECIAL SKILLS Dale Carnegie Human Relations /Public Speaking (1990) Communispond Presentation & Socratic Selling Skills (1991) Computer Knowledge - Various software packages including: Spreadshegts, Databases, Wordprocessors, Desk Top Publishers, Personal Information Managers Bloomberg, ILX, MarketMax PERSONAL Birthdate: 10/2/62 Married: 2/3/90 to Kathleen Hobbies: Sports, Travel Children: Colette & Grant & Computers Health: Excellent; 6'2" 180 lbs References and Investment Record Available Upon Request CITY / OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 4, 1999 Date Prepared: January 29, 1999 Subject Agenda Item Consideration of approval for petition MISC- 98 -19, a request by James Griffin, agent for Riverside Corp. 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 i City Attorney (J� d. 1 Growth Management [ ] Finance r.4A $ [ ] Approved wioondeions ACM M -1) Current FY [ ] Denied V Human Res. NA Advertised: Other NA Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ x ] N Required [ ] Other Resolution , 1999 Submitted by. Growth Management Director 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. T-11 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, f1 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 supersede 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 T. Resolution ,1999 Page 2 0 m C/) z In Cf) 9HIPM MUM �M6�j O co Ob. rn II O 0 0 b ❑❑ t. § C2 ca gi co CID rQ p >0 co cgioT Fr > =z Z O >0 11 Z A r- m � M RO O rm C: I ;p cn .00 -n >z C: z "I Oz m - 0mgmz ii o a rQ p >0 co cgioT Fr > =z 2 z,- 2mzm z 0 >0 11 Z A r- m � M RO O C F r o C: MC, zu) o 0 cn .00 -n >z C: z "I Oz m - 0mgmz M> C'n �> z m ; m > rr- 0 ODD 0 0:* -n C=/), I zo >m -M-1 C -.1 ;o 0 r- z m MK O mo mm 0 C < Z m Om < M I m Fn U) QO m CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 5, 1999 Meeting Date: February 4, 1999 Subject/Agenda Item Consideration of approval for Resolution 13 , 1999: A request for the approval of the Art in Public Places for the Hampton Inn hotel located approximately 1/4 mile south of the intersection of RCA Boulevard and PGA Boulevard within the Northcorp Planned Community District. Recommendation /Motion: It is recommended that Resolution 13 , 1998 be approved with one condition. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management ,, [ ]Approved first reading Finance --)NA ACM \t CSI $ Current FY [ ] Approved w/ conditions It r [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution , 1998 [ ] Not Required L Submitted by: Growth Management Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required DISCUSSION: John Vaughan, agent for Hampton Inn, is requesting approval of the art in public places proposed at the Hampton Inn site. The site is generally located 1/4 mile south of the intersection of RCA Boulevard and PGA Boulevard within the Northcorp Planned Community District. The site plan for the Hampton Inn proposes a 73,483 square foot hotel building on a 2.755 -acre parcel within the Northcorp Planned Community Building. The site plan was approved on September 3, 1998 by Resolution 63, 1998. Per Code Section 106 -29, Art in Public Places, new construction, renovation, or remodeling of any improvement with a minimum construction cost of $1,000,000, shall include an amount of 1% of the total budget as a fee for the provision of art work on the project site. Instead of providing the artwork on the project site, a developer may choose to contribute 0.5% of the total construction costs as the required art fee directly to the City for inclusion in the City's art account. The petitioner is proposing a 14 -foot bronze sculpture created by Prince Monyo Mihailescu - Nasturel. The sculpture will be located at the west side of the hotel by the entrance to the site. The Hampton Inn total project cost is estimated at $4,100,000. Under the terms of the Art in Public Places Ordinance, the petitioner is required to pay $41,000 (1% of the total budgets) for art on the project site. The applicant has indicated that the cost of the proposed sculpture would be $68,000. At its November 30, 1998 meeting, the Art Advisory Committee recommended (5 -0) approval of the proposed art for Hampton Inn with the following condition: The sculpture shall be located within the island at the entrance to the site adjacent to the proposed ground entry sign. RESOLUTION 13,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR HAMPTON INN BUILDING GENERALLY LOCATED '/4 MILE SOUTH OF THE INTERSECTION OF RCA BOULEVARD AND PGA BOULEVARD WITHIN THE NORTHCORP PLANNED COMMUNITY DISTRICT; PROVIDING FOR A CONDITION OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved the site plan for Hampton Inn Building by Resolution 63, 1998 for the construction of a 73,483 square foot hotel building on a 2.755 -acre parcel within the Northcorp Planned Community District approximately 1/4 mile south of the intersection of RCA Boulevard and PGA Boulevard; WHEREAS, Hampton Inn, has requested the approval of the proposed art for Hampton Inn in compliance with Section 106 -29 of City Code requiring Art in Public Places; 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 the proposed Art in Public Places for Hampton Inn hotel. Section 2. The proposed Art shall be in compliance with the following plan on file with the City's Growth Management Department: Art Portfolio, Symphony in Bronze; "Flames of Life by Prince Monyo Mihailescu - Nasturel Section 3. Said approval shall be subject to the following condition: The sculpture shall be located within the island at the entrance to the site, adjacent to the proposed entry ground sign. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF , 1999 Resolution 13, 1999 Page 1 JOSEPH RUSSO, MAYOR ATTEST: LINDA V. KOSIER BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO _ COUNCILMAN SABATELLO COUNCILMAN JABLIN _ COUNCILMAN CLARK fz. Resolution 13, 1999 Page 2 ames Of Life 8" x 30" x 30" onze 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 1999 Subject/Agenda Item: Ordinance 3, 1999 - Workshop /Consideration of First Reading Recommendation /Motion: Staff recommends approval of the ordinance which will designate the Planning & Zoning Commission as the Local Planning Agency and the Land Development Regulation Commission. The ordinance also takes care of housekeeping matters per Council's direction for all advisory boards. Reviewed by: \I 7i Originating Dept.: Costs: $ 0 Total Council Action: City Attorney Planning Division [ ] Approved ACM X� $ 0 [ ] Approved w/ conditions Current FY Other N/A [ ] Denied Advertised: Funding Source: [ )Continued to: Attachments: Date: [ ] Operating Paper: [ x ] Not Required [ ] Other N/A Ordinance 3. 1999 Submitted by: Growth M . or Affected parties [ )Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: At its January 14`h workshop, City Council consensus was received to move forward with an ordinance delegating Local Planning Agency (LPA) and Land Development Regulation Commission (LDRC) responsibilities to the Planning and Zoning Commission. HISTORY: As we discussed at the 1/14/99 workshop, Chapter 163, F.S. requires all local governments to designate a 'Local Planning Agency' to oversee the effectiveness of the comprehensive plan and recommend changes as may be needed from time to time, as well as to review petitions for amendments and make recommendations to the governing body. Over the years, the City Council has designated itself as this body. Chapter 163.3194(2), F.S. also requires that land development regulations, such as the zoning code, or amendments thereto, be reviewed for consistency with the Comprehensive Plan by a 'Land Development Regulation Commission', or in its absence, the Local Planning Agency. In the past, staff has taken only major land development regulation changes /additions to the Local Planning Agency for the determination of consistency with the comprehensive plan. However, given the increasing growth pressures the City faces, and the complexity of our regulations we believe that there may be a benefit to taking all code revisions to the LPA for a more thorough review prior to final review by City Council. Therefore, rather than requiring the City Council to convene as the LPA on a regular basis, staff recommends that the P &Z Commission be delegated this duty as the formally designated land development regulation commission. The Code of Ordinances already empowers the Planning & Zoning Commission to evaluate proposed zoning regulation changes and to make recommendations to the City Council. Staff is proposing that this responsibility be expanded to those of the Land Development Regulation Commission required by Chapter 163, F.S. Staff also recommends that the Council consider designating the Planning & Zoning Commission as the Local Planning Agency. Comprehensive Plan amendments are already brought before them for courtesy review and recommendation to City Council before a public hearing is scheduled before the City Council sitting as the Local Planning Agency. It is important to note that the Council will retain complete authority of final review and approval of all actions. Recommendations made by the LPA and /or LDRC would be advisory. However, the Council would gamer the benefit of a review by a board composed of professionals with extensive experience in development review. Note: Changes have also been made to bring this advisory board and its various roles into compliance with Council direction regarding attendance /replacement and membership. At the recommendation of the City Attorney, Ordinance 3, 1999 also takes care of housekeeping matters to bring the composition of the ZBA into conformity with that of the Planning & Zoning Commission. LPA/LDRC Page 2 Staff has surveyed other cities to determine who has a separate LPA and LDRC and the findings are summarized below: Palm Beach County* LUAB = LPA; CTF = LDRC Lake Worth* 'Super Board' = LPA & LDRC Boynton Beach City Commission = LPA Boca Raton *A Planning Commission = LPA West Palm Beach *A Planning Board = LPA Greenacres *^ Planning Commission = LPA Jupiter* Planning & Zoning Commission = LPA & LDRC Martin County* P &Z Board = LPA & LDRC * Boards are distinct/separate bodies from the governing body. ^ LPA serves function of LDRC (not designated) LPA/LDRC Page 3 02/01 '99 11: 37 I D : 4 ATTERSDV W-.AND & KLETT FAX : 561- 627 -5640 ORDINANCE 3, 1999 PAGE 2 January 27, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF CHAPTER 2, DIVISION 4 OF THE CODE OF ORDINANCES, ENTITLED "PLANNING & ZONING COMMISSION ",BY PROVIDING FOR AMENDMENT OF SECTION 2 -157 OF THE CODE OF ORDINANCES, ENTITLED "MEMBERSHIP GENERALLY ", BY REVISING THE DESCRIPTION OF THE MEMBERSHIP; BY PROVIDING FOR AMENDMENT OF SECTION 2 -159 OF THE CODE OF ORDINANCES, ENTITLED "QUORUM ", BY REVISING THE DEFINTION OF THE REQUIRED QUORUM; BY PROVIDING FOR AMENDMENT OF SECTION 2 -161 OF THE CODE OF ORDINANCES, ENTITLED "POWERS AND DUTIES ", BY ADDING THE DUTIES OF THE LOCAL PLANNING AGENCY AND LAND DEVELOPMENT REGULATION COMMISSION; PROVIDING FOR AMENDMENT OF SECTION 78.2 OF THE CODE OF ORDINANCES, ENTITLED "DEFINITIONS," BY ADDING THE DEFINITION OF "LAND DEVELOPMENT REGULATION COMMISSION "; PROVIDING FOR AMENDMENT OF ARTICLE III OF CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED "BOARDS, COMMITTEES AND COMMISSIONS, " BY INSERTING A NEW DIVISION 5 ENTITLED "BOARD OF ZONING APPEALS "; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the Planning & Zoning Commission, as already having the duty to make recommendations for zoning regulation changes should be formally recognized as the Land Development Regulation Commission defined by Chapter 163.3164(22), Florida Statutes; and WHEREAS, the City Council has determined that public participation in the comprehensive planning process would be enhanced by delegating the duties of the Local Planning Agency, as defined by Chapter 163.3174, Florida Statutes, to the Planning & Zoning Commission; 02,101 '99 11:38 I D : WATTERMq H'>1-A\ID & KLETT FAX : 561- 627 - x.-600 PAGE 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: ,5ECTION 1. Section 2 -157 of the City Code of Ordinances, entitled "Membership generally ", is hereby amended as follows (added words underlined: deleted works strtue}t): (b) Members of the commission shall be residents of'the city. The members of the commission shall serve for terms of two years. (d) Anv member may be reappointed upon approval of the Citv Council. Appointments to fill any vacancy on the Plannina and Zonino Commission shall be for tho remainder of the unexpired term of office. Any member who fails to attend two out of threo successive meetinas without cause and, without prior approval by the chairman of tho Commission shall automatically forfeit his appointment and the Citv Council shall Dromptly fill such vacancv. The members shall serve at the pleasure of the Citv CouncA and may suspended or removed for cause by the City CounAc , SECTION 2. Section 2 -159 of the City Code of Ordinances, entitled "quorum ", is hereby amended as follows (added words underlined; deleted words struelt): Four members of the planning and coning commission shall constitute a quorum for the transaction of business, but, a ,r a ;c;;`- - L! — tw;1u, , t�"e. SECTION 3. Section 2 -161 of the City's Code of Ordinances, entitled "Powers and duties ", is hereby amended, as follows (added words underlined; deleted words zt u..,.): Ordinance 3, 1999 Page 2 02/01 199 1138 ID :WATTERSI\I HYLAND & KLETT FAX :561- 627 -5600 PAGE 4 (b) The planning and zoning commission shall exercise and perform the following powers and duties: (10) The planning and zoning commission shall, upon the effective date of the ordinance from which this subsection was derived (February 15, 1996), assume the authority of and those responsibilities Nrz ;-;Z :aiy invested upon and in the board of zoning appeals] as '/,GYNYOIy pJ ►GI VIIQJI ry%A L/r VyyV,IQITU I IV — IVV NII%j of I IV"I Iv LI HI!J vyW;,. the plannina and zonina commission shall act as the land development reaulation commission and shall have all the powers and duties associated with such desianation. includina: W To develop and recommend to the. Citv Council land development regulations which implement the adopted comnrehensive Dian: and To review land development reaulations. or amendments thereto. for consistertgy with the adopted comorehensive plan and report to the City Council reaardina its findinas. (d) The planning and zoning commission shall act as the local Dlannina aaencv and shall have all the powers and duties associated with such desianation, including; ill To develoD and recommend to the City Council comnrehensive plan (2� To review comnrehensive Dian amendment petitions and recorrlmend to tht± ,Qity Council.reaardina adoption of.said amendment proposals. Ordinance 3.1999 Page 3 02/01 '99 1139 I D : WATTERSON HYLPND & KLETT PAGE 5 .5.EQI14N 4, Section 78 -2 of the City's Code of Ordinances, entitled "Definitions" is hereby amended by inserting, in alphabetical order, the following term and definition (added words underlined; deleted words stfaelf): Land develanment reaulation commission means the aaencv designated to review land develoament regulation Tevisions for consistency with the com =hensive elan as required_ by the Local Government Comprehensive Plannina and Land Development Reaulatiorl Act. SECTION 5. Article III of Chapter 2 of the City's Code or Ordinances entitled "Boards, Committees and Commissions" is hereby amended by inserting a new Division 5 entitled "Board of Zoning Appeals" which shall read as follows: DIVISION 5. BOARD OF ZONING APPEALS Sec. 2.170. Composition; appointments; officers. (a) The board of zoning appeals shall be composed of seven (7) members and two (2) alternate members. The members of the board shall serve for terms of two (2) years. Members shall be appointed by the City Council by resolution. The alternate members shall serve as a member of the board and have a voice and vote in the meetings of the board when any regular appointed member thereof shall be absent from a scheduled meeting. Members of the board of zoning appeals shall serve without compensation. (b) The board of zoning appeals shall each year select from its members a chairperson and vice chairperson. (c) The City Council may appoint itself as the board of zoning appeals. Ordinance 3, 1999 Page 4 02/01 '99 1140 I D : WATTERSON HYLAND & KL.ETT FAX : 561 -627 -5604 PAGE 6 See. 2-171. Jurisdiction. (a) The board of zoning appeals as created in this division is a body of limited powers. The board shall hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative officials charged with the administration or enforcement of the City's zoning code. (b) The board of zoning appeals shall have no authority to authorize the use of any parcel of property or structure In a manner not permitted by the zoning classification of the district in which the property or structure is located. (c) The concurring vote of the majority of the members of the board present shall be necessary in order to support any decision or determination made by the board. Four (4) members of the board shall constitute a quorum for the transaction of all business before the board. Sec. 2-172. Proceedings. (a) Any person aggrieved by a ruling of the building official or any City official, department, board or council concuming the interpretation, administration, or enforcement of the City's zoning code may appeal to the zoning board of appeals. The appeal shall be taken within thirty (30) days of filing with the Growth Management Department a written notice of appeal specifying the grounds thereof, together with any exhibits as are reasonably necessary. (b) All petitions presented to the board of zoning appeals shall be in writing and shall have application to only one parcel of land when a variance is requested, or' to a singular administrative order when an administrative review is requested. (c) All statements of the findings by the board shall be included in the minutes as to each case heard or considered by it. The reason for recommending or denying a variation as described in this division shall also appear in the minutes. In every instance, a brief statement of the facts upon which the recommendations are based shall appear in the minutes. The board shall notify the petitioner, in writing, of the action taken by the board at the hearing. (d) At the hearing, parties may appear in person or by agent or attorney. Ordlnance 3, 1999 Page 5 02 /01 '99 11:40 ID :WTTERSON M'LPND & KLETT FAX :561- 627 -5600 PAGE 7 Sec. 2 -173. Notice of Hearings. Decisions, findings, and recommendations of the board of zoning appeals shall be reached only after a duly noticed public hearing. Notice hsll be provided, as defined herein, at the applicant's expense. In adition, the applicant shall provide written notice to the owners of property located within 500 feet of the subject property by mail at least tan days prior to the public hearing and shall submit an affidavit attesting to mailing of the said notice. Notice shall contain, at a minimum, the address or location of the property for which a hearing is sought, as well as a brief description of the nature of the application. Sec. 2 -174. Stay of Proceedings. The appeal as provided in this division shall stay all proceedings unless the building official or another authorized City officer or department certifies to the board of zoning appeals after the Notice of Appeal has been filed, by reason of facts which shall be set forth in the certificate, that a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals or by a court with appropriate jurisdiction. SECTION 6. Division 2 of Chapter 118 of the City's Code of Ordinances, entitled "Board of Zoning Appeals," is hereby repealed in its entirety thereby repealing Sections 118 -106 through 118 -113. SECTION 7. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 8. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 9. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. Ordinance 3, 1988 Page 6 (X2101 199 11:41 I D : WATTERS11 HYLAND & KL.ET1 FAX : 561- 627 -5600 PAGE 8 SECTION 10. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 1999. PLACED ON SECOND READING THIS DAY OF _ 1999. PASSED AND ADOPTED THIS DAY OF '1099. JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR Ordinance 3, 1999 Page 7 ERIC JABLIN, COUNCIL MEMBER DAVID CLARK, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER ,02/01 '99 11:41 I D : WATTERS(I HYLPND & KLETT FPC :561- 627 -5600 PPiGE 9 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK m VOTE: AYE NAY MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER SABATELLO Ordinance 3, 1999 Page 8 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: February 4, 1999 Date Prepared: January 27, 1999 Subject/Agenda Item First Reading of Ordinance 10, 1999 for petition PUD- 98 -02, a request by Urban Design Studio, agent for P.F. Park Ltd., for Planned Unit Development approval. The 2.23 acre -site is zoned Professional Office and is proposed to include a total of 32,500 square feet of office space. The subject property is located on the west side of Prosperity Farms Road just south of its intersection with RCA Boulevard. (8- 42S -43E) Recommendation/Motion: Staff recommends Ordinance 10, 1999 be approved with 12 conditions. Reviewed by �V✓ t j Originating Dept.: Costs: $ '' Total Council Action: City Attorney 4' % C rowth Management [ ] Finance � A --ACM ��-• .�,/� C $ Current FY [ ] Approved Wi �.dhl.. }� [ )Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Ordinance '1999 Site Plan City Engineer Comments [ ] Not Required City Forester Comments Submitted by �� Management Growth Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: This site was approved as a Planned Unit Development (PUD) in September 1989 with a different applicant. The previous landowner had received approval for a development rights extension in 1992, but subsequently did not build the project (known as Prosperity Corporate Plaza). Therefore, the previous PUD approval expired in December 1994. Agenda Cover Memorandum Date: February 4, 1999 Page 2 In 1996, a new applicant (Damerau) requested re- zoning of the entire site (5.07 acres) to PUD and proposed 50,000 square feet of office space. However, the final approval, in June 1996, provided re- zoning for only 2.9 acres (PUD) and allowed 33,000 square feet of office space in four (4) office buildings to be developed in 2 phases (Resolution 28, 1996). The first building of Phase I (Building #4) received architectural approval concurrent with the approval of the PUD. The second building (Building #3) received approval from the Site Plan & Appearance Review Committee on July 14, 1998. The application before the City now is a request for re- zoning (to PUD) of the remaining 2.23 acres to allow construction of 32,500 square feet of office space in four (4) buildings. The application includes a request for approval of construction of the first building. Staff would like to note that the approval of this request will result in a total of 65,500 square feet of office space on the overall site. This is an increase of 15,500 square feet over the original proposal submitted in 1996. REVIEW PROCESS: This is a request for re- zoning to a PUD. The re- zoning 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 PUD approval for consideration of approval, approval with conditions, or denial. PROJECT DETAILS: The site plan proposes 32,500 square feet of professional office space. Included in the PUD request application is a request for site plan approval for the first 5,855 square feet of office space (Building IIA) and approval of the overall site plan. The applicant is requesting that the detailed architectural and landscape architectural plans for the remaining individual buildings be reviewed at a later date by the Site Plan and Appearance Review Committee. It is the intent of the developer to develop the site in accordance with the design guidelines (see attached) approved as part of the first portion of the Village Square Professional Office Park, which are intended to create a residential atmosphere in the office complex. Pa Agenda Cover Memorandum Page 3 February 4, 1999 The applicant has provided a traffic impact analysis report, which demonstrates that the project meets the City's traffic requirements. This has been confirmed by the City Engineer. Landscape Details The proposed plant palette consists of Sabal Palms, Live Oak trees, Holly trees and accent plants at the entryways and end islands, along with a mixture of various ground cover materials. Mahogany trees are being proposed in the center island between the main entry drives. Live Oak trees, planted at approximately 40 feet on center, and a Cocoplum Hedge are proposed at the southern and western buffers, along with a proposed opaque fence along the western boundary. The planting at the eastern buffer, along Prosperity Farms Road, will consist of the existing Mangrove Hammock, as well as Sabal Palms planted in areas where the Hammock had been previously removed. Mangroves are a protected species. However, should the Mangroves die or be removed, the applicant has agreed to replace the Mangroves. The applicant intends to preserve four large trees on the subject property, which are all located at the rear of the site. Tree wells are being proposed for preserving these trees, should they be necessary. A head wall, consistent with the design approved for the adjoining parcel, will be located at the top of bank along the canal. Code Comnliance See Table A for a summary of site elements and code compliance. Signs Proposed building signage is consistent with the Village Square Professional Park - Phase I design guidelines (adjacent parcel). Details of the proposed building signs are on the elevations, which illustrate that the signs will have colors and materials matching the building. The signs will be restricted to 12 square feet per sign and will have letters at a maximum height of 9 inches. Approval of the adjacent parcel included approval of a ground sign, however, there is no proposal for an additional ground sign for the subject site. Architecture The architecture proposed for Building IIB has been designed in accordance with the design guidelines approved for the adjacent parcel. Benjamin Moore colors will be used for the building, roof tiles and building materials, as specified in the design guidelines. The wall will be a beige color and the trim will be dark blue. The applicant will be submitting paint samples for your review. One of the guidelines is that the theme of the development will be to resemble residential units. The roof will have grey flat concrete roof tiles. The walls will be concrete block and textured stucco exterior with a white trim along the roof line. In addition, the windows will alternate with groups of vinyl shutters (see elevations). 3 Agenda Cover Memorandum Page 4 February 4, 1999 Phasing The applicant proposes two phases. The first phase would include Building IIA, which the applicant has requested approval for in this petition. It will include 31 parking spaces, which is adequate for the number of square feet proposed (5,885 s.f.). In addition, they will be providing two handicap spaces to satisfy ADA requirements. Variations frgm Cpde The applicant is requesting approval of 9' x 18.5' parking spaces, which is permitted if approved by City Council. Section 118- 475(a)k of the City Code, which requires parking spaces to be 10'x 18.5', allows the City Council to consider such a request provided that the reduction in pavement area is matched by equal or greater increase in landscape open space. staff recommends approval of the variation. The applicant is providing 27.8% open space, which exceeds the required 15% for zoning in professional office. Below are the calculations showing the increase in open space to off -set the deviation request: — Provided Open Space 27.8% .62 acres 27,007.2 s.f. — Required Open Space 15% .33 acres - 14,374.8 s.f. — Open Space provided 12,632.4 s.f. in excess of required — Parking Provided (less handicap) 114 Spaces — Reduction in pavement (114 x [1 x 18.5]) 2,109.0 s.f. — Excess Open Space 12,632.4 s.f. Less Pavement Reduction Compensation - 2.109.0 s.f. — Open Space in Excess of Required 10,514.4 s.f. The applicant is also requesting tw6 variations from code with regard to loading spaces. Section 118 -567 of the City Code requires loading spaces to be 12'x 35'. The applicant believes that, due to the nature of the Professional Office uses proposed, the use of the loading space will be limited to smaller vehicles which will not require additional length. Therefore, the applicant is proposing a loading space with dimensions of 12'x 24'. Staff recommends approval of the variation. Another variation is from Section 118 -568 which requires two loading spaces for the number of square feet the applicant is proposing. The applicant is proposing one centrally located loading space. Due to the nature of the professional office uses, the applicant believes that the demand for loading spaces will not exceed one loading space. Staff recommends approval of the variation. Finally, the applicant has requested a waiver from the 15 -foot minimum, 25 -foot average upland buffer from the wetland area. The proposed upland buffer will be an average of 17 feet with a minimum of 10.6 feet, which is similar to the one approved for Phase I. The applicant asserts that F41 Agenda Cover Memorandum Page 5 February 4, 1999 this reduction in the width of the upland buffer will allow for additional landscaping within the interior of the project. Staff recommends that the applicant meet this buffer requirement. DEPARTMENTAL COMMENTS Engineerinn Assistant City Engineer Tammy Jacobs has reviewed the plans previously submitted. The main concern that she had was the amount of land between the top of the bank of the canal and the wall of the closest buildings. She had requested cross - sections of these areas. The applicant has provided additional cross - sections, which Ms. Jacobs has reviewed. Please see the attached letter dated January 15, 1999 City Forester City Forester Mark Hendrickson has completed his review of the plans submitted on December 14, 1998. (The most recent submittal did not involve landscaping.) Mr. Hendrickson is satisfied with the revised upland buffer, however, he is now concerned with the preservation of upland vegetation. He has proposed the following condition: The applicant shall protect all the Oak trees and other native vegetation within the wetland buffer area, especially during construction. Buffer protection shall include, but not be limited to, designing the buildings within building envelopes IIB and IIC, to avoid conflicts with vegetation within the buffer area, all fill dirt shall avoid conflicts with root zones, and the head wall along Prosperity Farms Road shall be modified to prevent conflicts with native trees, if necessary. Fire Department The Fire Department does not have any concerns about access. ,Police Department The Police Department does not have any concerns at this time. Planning & Zoning The Planning and Zoning staff has only one concern, which is the density of the combined Phase I and Phase II (see above, page 2). Waste Management Rick Boardman of Waste Management has reviewed the proposed location of the dumpster and is satisfied. Mr. Boardman has requested that any enclosure provide for an 11 foot opening for adequate access. The applicant has complied with this request. 5 Agenda Cover Memorandum Page 6 STAFF RECOMMENDATION February 4, 1999 Staff recommends approval of petition PUD -98 -02 with 12 conditions as listed in Ordinance 10, 1999. Many of the previous conditions by the City Engineer have been satisfied since the last Planning and Zoning Commission meeting. The applicant has submitted cross - sections to better define the grade of the canal bank in relation to the building walls and staff has adjusted the conditions of approval accordingly. In addition, some of the City Forester conditions have changed (see attached Ordinance). Approval of this petition is contingent upon approval of the following waiver: Waiver of Section 102- 10(2)(k), which requires a 15 -foot minimum, 25 -foot average upland buffer from the top -of -bank to the building edge, to allow a 14.3 feet minimum, 19.97 average distance from the wetland area. PLANNING AND ZONING COMMISSION MEETINGS: The petition was reviewed by the Planning & Zoning Commission on November 10', November 24' and December 8, 1998 Commission members had the following comments: - There should be two handicap spaces in Phase A. - Concern regarding inconsistencies between the elevations and the roof plan - Concern regarding the length of Building Envelope IIC. - The addition of more trees in the front buffer. - Guard rails were suggested around the tree well - Questions regarding the height of the head wall in the ditch - Air conditioning and mechanical equipment need to be screened The applicant has responded satisfactorily to all of these comments. Commission members asked that the tenant signs be placed back on the elevations. They also suggested that the signs be lengthened. Finally, the Commission members asked to see what setbacks from the top of bank to the buildings were approved for Phase I, to compare with what is proposed in Phase II. See Table 1 for this information. C''. Agenda Cover Memorandum Page 7 February 4, 1999 The Planning & Zoning Commission approved the petition with a 7 - 0 vote with the following 15 conditions: Prior to scheduling the first City Council meeting, the applicant shall revise the site plan so that the proposed buildings will be in compliance with the upland buffer requirement of 15 feet minimum, 25 feet average distance from the wetland area. (Planning & Zoning) 2. Prior to scheduling the first City Council meeting, the applicant shall satisfy the requirements of the City Engineer regarding: (City Engineer) a) The curb detail needs to be revised to the standard Type D Curb (18- inches high) b) The applicant will need to provide a written statement stating that the FPL poles along the southern property line are not located on the property. If the poles are located on the property, the applicant will need to get a written statement from the utility owner stating that the poles will be removed from the property or that the utility will obtain an easement. c) There appears to be a conflict with the proposed landscaping and location of the exfiltration trench to the north of building envelope IIB. The applicant will need to revise the drainage and/or landscaping to eliminate the conflict. d) The applicant will need to show the location of the 15' drainage easement and designate the slopes on the four cross - sections provided in the . November 30, 1998 submittal. The applicant is reminded that retaining walls located within the drainage easement will need to meet the requirements of Palm Beach County as the owner of the drainage easement. e) The applicant will need to provide additional cross - sections at 57', 130', 1671 , and 225' south of the north property line. The applicant shall provide a cross - section at the location of any proposed air conditioning units east of buildings IIA and IIC. f) Where the foundation of the building is less than 15' from the top of bank and no headwall is proposed, the applicant shall show how the top of bank will be permanently secured and not subject or erosion or other physical modifications due to weather conditions or the proximity of the building. The applicant will need to provide information regarding the type of fill fd Agenda Cover Memorandum Page 8 February 4, 1999 material, compaction requirements, and construction methods to ensure that the slope is stabilized. In addition, the applicant shall provide a statement from the structural engineer stating that the proposed cross - sections will support the design of the proposed buildings. g) The photometric plan will need to be revised to limit the over spill levels onto the existing residential homes. Ms. Jacobs suggests limiting the over spill levels to 0.20 foot candles No building roof line construction, including fill, shall extend beyond the envelope, as shown on the site plan for building envelopes IIB and IIC. (Planning & Zoning) 4. Mangroves shall be planted in the old land bridge area east of building envelope IIB, prior to the completion of Phase A. The petitioner shall coordinate the size, quantity, location and spacing of the Mangrove seedlings to be planted prior to scheduling the petition for City Council. (City Forester) 5. The applicant shall protect all the Oak trees along the eastern canal edge and western boundary to the satisfaction of the City Forester. The location of these trees shall be included on the landscape plan prior to scheduling the petition for City Council. (City Forester) 6. The theme of the development shall be for each building to be constructed to resemble a residential unit in accordance with the design guidelines attached hereto as Exhibit "A." (Planning & Zoning) 7. Each parcel shall return to the City for approval of the architectural, foundation landscaping, site irrigartion and site improvements by the Site Plan and Appearance Review Committee, except for Building IIA, which is approved with this petition. (SPARC) 8. A sidewalk is not required to be constructed adjacent to this property on Prosperity Farms Road due to the current sensitive issues and physical constraints of the area. In lieu of constructing a sidewalk, the applicant shall submit an estimate of the cost to build a sidewalk, to be reviewed by the City Engineer. The amount agreed upon shall be provided to the City to be utilized for pedestrian pathways elsewhere in the City. These funds shall be provided to the City prior to the issuance of the first building permit. (City Engineer) 9. Prior to construction plan approval, the applicant will need to provide a letter of authorization from Seacoast Utility authority and FPL allowing the applicant to pave and Agenda Cover Memorandum February 4, 1999 Page 9 plant within their proposed and existing easements. (City Engineer) 10. A permit or a binding wetland determination shall be obtained from FDEP prior to the issuance of the first building permit for the project (SFWMD dredge and fill permit and/or ERP's wetland delineation). (Building) 11. If the mangrove area is removed, all or in part, the alternate buffer plan, as depicted on the approved landscape plan, shall be installed by the P.O.A. within 60 days of a City request. (Code Enforcement/City Forester) 12. Easements and Property Owners documents shall be reviewed and approved by the City Attorney prior to the issuance of a building permit. (City Attorney) 13. The Property Owner's Association shall be responsible for the landscape maintenance within the entire Planned Unit Development, including, but not limited to, any undeveloped area prior to development. (Code Enforcement) 14. Prior to the issuance of the first Certificate of Occupancy, all prohibited (invasive, exotic) plants shall be removed from the entire Planned Unit Development. (Building /City Forester) 15. The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens and shall maintain said improvements per City landscape maintenance standards, which shall be adopted. Specifically, the applicant shall provide improvements in accordance with said plans in the following public right -of -way: A. In the median and along the west right -of -way line of Prosperity Farms Road from the northern terminus of this site to the southern terminus of this site. Note: The applicant has since complied with conditions listed below: Conditions 1, 2(a), 2(b), 2(c), 2(d), 2(e), 2(fl and 2(g) Condition 3 was eliminated per Planning & Zoning direction. Conditions 4 - 15 are included in the Ordinance. Agenda Cover Memorandum Page 10 CONSISTENT W/ CITY CODE? I Yes I Yes Variation from Code Variation from Code Variation from Code Yes Yes Yes Yes Yes Yes Yes Yes No TABLE A REQUIREMENT Professional Office Min. Parking: 1 per 300 s.f. 32,500/300 = 109 Parking Spaces Parking Dimensions: 10'x 18.5' Min. No. of Loading Spaces: 2 Min. Dimensions of Loading Space: 12'x35' Min. Handicapped Spaces: 5 Min. Front Setback: 25' Min. Side Setback: 15' Min. Rear Setback: 15' Max. Lot Coverage: 35% Max. Building Height: 36' Min. Open Space: 15% Min. Landscape Points: 3,316 Upland buffer: Distance from top -of -bank to edge of building: 15' minimum, 25' average GAShort Range\PUD9802.ce4.wpd February 4, 1999 PROPOSED PLAN Professional Office w/PUD overlay 120 Parking Spaces 9'x 18.5' 1 Space 12'x 24' 5 Spaces 25' (Phase A) 15' (Phase A) 15' (Phase A) 24.2% Max. of 36' (Building IIA is 18'10 ") 27.8% 6,772 Requesting a waiver to allow 14.3 minimum, 19.97' average. Phase 1 had approx. 6' minimum, 11.6' average. January 27, 1999 February 1, 1999 ORDINANCE 10, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR RE- ZONING OF 2.23 ACRES, FROM PROFESSIONAL OFFICE TO PLANNED UNIT DEVELOPMENT, LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ITS INTERSECTION WITH RCA BOULEVARD, IN ORDER TO CONSTRUCT 32,500 SQUARE FEET OF OFFICE SPACE TO BE KNOWN AS VILLAGE SQUARE PROFESSIONAL PARK, PHASE II; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from P.F. Park Ltd. for re- zoning of 2.23 acres to Planned Unit Development, located on the west side of Prosperity Farms Road south of its intersection with RCA Boulevard, as more particularly described in Exhibit "A" attached hereto, and to construct 32,500 square feet of office space to be known as Village Square Professional Park, Phase II; and WHEREAS, the 2.23 acres of land involved is presently zoned Professional Office with a land use designation of Professional Office; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; 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 application of P.F. Park, Ltd. For re- zoning of 2.23 acres to Planned Unit Development located on the west side of Prosperity Farms Road south of its intersection with RCA Boulevard, as more particularly described in Exhibit "A" attached hereto, and to construct 32,500 square feet of office space to be known as Village Square Professional Park, Phase II. SEC` JQN 2. Said approval shall be subject to the following waiver: Waiver of Section 102- 10(2)(k) which requires a 15 -foot minimum, 25 -foot average upland buffer from the top -of -bank to the building edge, to allow a 14.3 minimum, 19.97 feet average distance from the wetland area. SECTION 3, Said Planned Unit Development is approved 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 provide a letter of authorization from Seacoast Utility authority and FPL allowing the applicant to pave and plant within their proposed and existing easements. (City Engineer) 2. A permit or a binding wetland determination shall be obtained from FDEP prior to the issuance of the first building permit for the project (SFWMD dredge and fill permit and/or ERP's wetland delineation). (Building) 3. Due to the physical constraints of the area, a sidewalk is not required to be constructed adjacent to this property on Prosperity Farms Road. In lieu of constructing a sidewalk, the applicant shall submit an estimate of the cost to build a sidewalk, to be reviewed by the City Engineer. Upon agreement by the City Engineer as to the cost to construct a sidewalk, the applicant shall remit that amount, in one lump sum to the City; to be utilized for pedestrian pathways elsewhere in the City. These funds shall be provided to the City prior to the issuance of the first building permit. (City Engineer) 4. Prior to the issuance of the first Certificate of Occupancy in Phase A, Mangroves shall be planted (as shown on the landscape plans) in the old land bridge area east of building envelope IIB. (City Forester) 5. Prior to the issuance of the first Certificate of Occupancy, all prohibited (invasive; exotic) plants shall be removed from the entire Planned Unit Development. (Building /City Forester) 6. Each building shall be constructed to resemble a residential unit in accordance with the design guidelines attached hereto as Exhibit "B." (Planning & Zoning) 7. Each building shall be subject to review and approval by the Site Plan and Appearance Review Committee with respect to such items as architectural, foundation landscaping, site irrigation and site improvements, except for Building IIA, which is approved herein. (SPARC) 8. If the mangrove area is removed, all or in part, the alternate buffer plan, as depicted on the approved landscape plan, shall be installed by the P.O.A. within 60 days of a request by the City. (Code Enforcement/City Forester) 9. The applicant shall protect all the Oak trees and other native vegetation within the wetland buffer area, especially during construction, per City Code Section 98- 105(e). Buffer protection shall include, but not be limited to, designing the buildings within building envelopes IIB and IIC, to avoid conflicts with vegetation within the buffer area, all fill dirt shall avoid conflicts with root zones, and the head wall along Prosperity Farms Road shall be modified to prevent conflicts with native trees, if necessary. 10. Easements and Property Owners documents shall be reviewed and approved by the City Attorney prior to the issuance of a building permit. (City Attorney) 11. The Property Owners Association shall be responsible for the landscape maintenance within the entire Planned Unit Development, including, but not limited to, any undeveloped area prior to development. (Code Enforcement) 12. The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens and shall maintain said improvements per City landscape maintenance standards, which shall be adopted. Specifically, the applicant shall provide improvements in accordance with said plans in the following public right -of -way: (City Forester) A) In the median and along the west right -of -way line of Prosperity Farms Road from the northern terminus of this site to the southern terminus of this site. SECTION 4. 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 11, 1998 Site Plan by Urban Design Studio, 1 Sheet. 2. December 11, 1998 Landscape Plan by Urban Design Studio, 1 Sheet. 3. December 11, 1998 Plant Detail Sheet by Urban Design Studio, 1 Sheet. 4. December 11, 1998 Construction Phasing Plan by Urban Design Studio, 1 Sheet. 5. December 11, 1998 Lighting Plan by Urban Design Studio, 1 Sheet. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACE ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS THE DAY OF MAYOR JOSEPH RUSSO 1999 1999 1999. COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK GAShort Range\PUD9802.or3.wpd COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT EXHIBIT "A" LEGAL DESCRIPTION parcel of lard lying in a portion of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 8, Township 42 South, Range 43 mast, Palm Beach County, Florida and being more particularly described as = ollo•.�s COMMENCING at the North 1/4 corner of said Section 8; :HENCE South 02 °06108" West, a distance of 393.65 feet along. the East line of said Northwest 1/4 of Section 8 to the POINT OF BEGINNING; THENCE, North 88 032108" West, a distance of 28.47 feet to the beginning of a Tangent curve concave to the Northeast; THENCE Northwesterly, along the arc of said curve having a radius of 200.00 feet, a delta of 23 007124 ", and an arc distance of 80.71 feet to a Point of Reverse Curvature with a curve concave to the Southwest; THENCE Northwesterly, along the arc of said curve having a radius of 67.000 feet, a delta of 23007124", and an arc distance of 27.04 feet to a Point of Tangency; ':'HENCE North 88`32 08" West, 202.38 feet to a point in the west line of East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of said Section a; THENCE South 02 °03114" West,'along said west line 294.70 feet to the ST-7 corner of said East 1/2 of the northeast 1/4 of the Northeast 1/4 of. the Northwest 1/4; :HENCE South 88 °28107" East, along the South line of said East 1/2 of the Northeast 1/4• of the Northeast 1/4 of the Northwest 1/4, 335.68 feet to the Southeast corner of said East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 on the said east line of the Northwest 1/4 of Section 8; -HENCE North 02 006108" East, t along said east line, 273.64 feet to the POINT OF BEGINNING. EXHIBIT B DESIGN GUIDELINES FOR VILLAGE SQUARE PROFESSIONAL PARK 10999 PROSPERITY FARMS ROAD PALM BEACH GARDENS ■ Roof tile shall be pigmented cement tile or natural slate and shall match as close as possible to one of the following colors: • Benjamin Moore #HC -162 • Benjamin Moore "Brushed Silver" • Benjamin Moore "China White" • Benjamin Moore # 1672 • Natural Slate ■ Common Architectural Elements shall include: • Concrete block construction with textured stucco • Horizontal lap wood siding • Cement tile or slate roof • Multi -paned arched windows • Hip or Gable style roof • Dormers • Wrought iron railings • Aluminum shutters (louvered) • Entry porticos ■ Building heights are not to exceed 35 feet ■ Interchangeable field and trim colors shall be chosen from the following list: • Roof facia and trim - Benjamin Moore ... ready mix white • Shutters (if present) - Benjamin Moore ... #HC -158 • Building Alt #1 - Benjamin Moore ... #HC -34 • Building Alt #2 - Benjamin Moore ... #HC -60 • Building Alt #3 - Benjamin Moore ... #HC -147 ■ Tenant signage shall include the following elements: • Colors to match building colors • Material and style to match building materials and style • Letters to be a maximum height of 9 inches • Maximum sign panel to be 12 square feet per sign • No more than 3 signs will be allowed per building • Sign panel mounting to building shall be adequate to withstand windloads per Palm Beach Gardens Building Department standards C:\MyFiles\VillageSq\Guidelines.wpd LAND USEi RES LOW ZONING: PUD \RL3 IIN 0 z zr C D I� 00 F N xxm Io mo0 v C 11 � ;z r � L � r- I« �a L_ in L n p b 7C � - i m s t m b5am amain£ Fes, £in9 ys OO4�Opp uQFaO « bmp pp C O A q Q 9bNV 9(b�V(9� nQNu T 99, JAR M1l "mb ---a> H OO ONNmN NNNNX,tX�'9 Village Square Professional Park W fit 8 4 F"1111 [if c Phase II Palm Beach Gardens, Florida ,�; {!� {�� _ 4 Site Plan t j llii�;'i D i §F f' it jj fie 1 U TFITI I x j I I�l+JI zo L__is 7 00 '0 f. — — — — L 888032'88'E 338.25' I RCA BOULEVARD (MONET DRIVE) I y9 O °��rl'7: 99 Qam -1 95 [r«r °b��zb I NN(nn=y=TT� >�>�pp G]L�la9 Gg1�RN nn�AO])'y 10' ADDITIONAL A/W F0B M0WT RO, BHOWN ON MONET ACRES 8'B 28PG1781 " {O �N{ rO1V99 j0� NN1899 pa 7��n99°c L n p b 7C � - i m s t m b5am amain£ Fes, £in9 ys OO4�Opp uQFaO « bmp pp C O A q Q 9bNV 9(b�V(9� nQNu T 99, JAR M1l "mb ---a> H OO ONNmN NNNNX,tX�'9 Village Square Professional Park W fit 8 4 F"1111 [if c Phase II Palm Beach Gardens, Florida ,�; {!� {�� _ 4 Site Plan t j llii�;'i D i Memo to File From: Mark Hendrickson, City Forester PAA- Subject: PUD- 98 -02, Village Square Professional Park Date: December 30, 1998 I have reviewed the above - referenced plans submitted December 15, 1998. The following are my comments: The petitioner has moved the building envelopes west a little to reduce the size of the environmental wetland buffer waiver. However, the canal cross - section proposes to add fill dirt within the wetland buffer area which will be a problem for the existing upland vegetation. Pursuant to Section 102 -10 (5) d, protection of the buffer areas shall be monitored by the applicant's landscape architect. At this time, I suggest the following condition of approval: 1. The petitioner shall protect all the Oak trees and other native vegetation within the wetland buffer area, especially during construction. Buffer protection shall include, but not be limited to, designing the buildings within building envelops IIB and IIC to avoid conflicts with vegetation within the buffer area, all fill dirt shall avoid conflicts with root zones, and the head wall shall be modified to prevent conflicts with native trees, if necessary. JPN -15 -1999 10:11 kb me 0 LBF&H — STURRT 561 286 3925 P.02/05 LINDAHL, BROWNING, FERRARI & HELL$TROM, INC. CONSULTING. ENGINFERS, SURVEYORS & MAPPERS MEMORANDUM 'TO: Marty Minor FROM: Tammy Jacobs DATE- January 15, 1999 SUBJECT: Village Square Professional Park, Phase 11 (LBFH File No. 98 -02167 We have reviewed the Boundary and Topographic Survey, and Cross - Section Profiles prepared by Brown & Phillips, Inc. and the Typical Bank Stabilization Section and response narrative prepared by Urban Design Studio Site plan received January 7, 1999. We offer the following comments: 1) Previously Satisfied. 2) Previously Satisfied 3) The applicant is requesting a waiver from LDR Section 118 -568 and LDR Section 118 -567 and is proposing one 12' x 24' loading space. We support the LDRs which require two 12'x 35' loading spaces. 4) Previously Satisfied. 5) LDR Section 118- 118 -475 requires each parking space to be a minimum of 10'x 18.5'. The applicant is proposing 9' x 18.5' spaces. We support the City's LDR requirements. 6) If the applicant receives a waiver from City Council allowing the 9' x 18.5' spaces, the 9' spaces will need to be double striped. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 10) Previously Satisfied. 3650 S,W, CORPORATE PARKWAY • PALM CITY, I-LORInA 34WJ • (!>G 1) 286 -SWI • FAX: (561) 2F36 -3925 111P:11wwwAbM=n1 • e-r. olk inWj4bih.wn PA1 M 07 Y �� F,C i VALM RE A01 FART PIFRCF OKEECHORlit JAN -15 -1999 1012 LBF &H - STUART Village Square Professional Park, Phase 11 Project No. 98 -0216 561 286 3925 P.03i05 2 11) Previously Satisfied, 12) Previously Satisfied. 13) Previously Satisfied. 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Previously Satisfied. 19) Previously Satisfied. 20) Previously Satisfied. 21) Previously Satisfied. 22) Conditionally Satisfied. Prior to construction plan approval, the applicant will need to provide a letter of authorization from Seacoast Utility Authority and FPL allowing the applicant to pave and plant within their proposed and existing easement. 23) Previously Satisfied. 24) Previously Satisfied. 25) Previously Satisfied. 26) Previously Satisfied. 27) Previously Satisfied. JAN -15 -1999 10:12 LBF&H - STUART Village Square Professional Park, Phase II Project No. 98 -0216 561 286 3925 P.04i05 3 28) The applicant has provided six cross - sections of the drainage ditch and proposed headwall locations. We offer the following comments: a) Conditionally Satisfied. The applicant has submitted a certified Boundary and Topographic Survey. However, the cross - sections will also need to be certified by a registered engineer or surveyor prior to final City Council approval. Each plan sheet needs to be signed and sealed. b) Satisfied. Sections A -A and B -13 have been revised to show the existing grade west of the top of bank. C) Conditionally Satisfied. The most current Site Plan received December 14, 1998 shows Building Envelope I1C 15' from the proposed headwall at Section C-C. Prior to the final City Council approval, the applicant will need to revise Section C -C on the Cross- Section Profile sheet to show the headwall 15' from the building envelope to be consistent with the Site Plan. d) Satisfied. The proposed bank slopes have been labeled. 29) Satisfied. The applicant has provided an additional cross - section E -E that shows a proposed slope of 3.9H:1 V at the Dumpster Pad area_ 30) In regards to Resolution 28, 1996, Section 4, Condition Number 7 we offer the following comments: a) Satisfied. The first 8 feet east of building envelope IIB and IIC has been shown essentially flat to ensure that the foundation cone of influence is stable (maximum 12H:1 V slope). b) Satisfied. The applicant has shown a maximum 3H:1 V slope from the 8' flat area down to the natural grade or proposed retaining wall. C) Conditionally Satisfied. The applicant has proposed landscaping on the 3H:1V embankment to permanently protect the embankment from erosion. Prior to final City Council approval, the applicant wit] need to secure approval from the City Forester for the proposed Iandscaping species. d) Satisfied. The proposed bank slopes have been labeled. JAN -15 -1999 10:13 LBF &H - STUART 561 286 3925 P.0Si05 Village Square Professional Park, Phase II 4 Project No. 98 -0216 31) Previously Satisfied. 32) Previously Satisfied. 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. PAPEGMEMa02 J 0Uoc c: Bobbie Herakovich Roxanne Manning TOTAL P.05 I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 1999 Date Prepared: January 25, 1998 Subject /Agenda Item Workshop for petition PUD -98 -03 (The Commons Parcel I), a request by Urban Design Studio, agent, for approval of a 7.304 acre, mixed -use, Planned Unit Development (PUD). The proposed project contains residential, general office, medical office, retail, and restaurant uses, and is located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of the PGA. (11- 42S -42E) Recommendation[Motion: Staff recommends that the proposed condition # 1 of Ordinance 7, 1999 contained herein be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ] Finance NA $ [ ] Approved w/ conditions ACM Current FY Denied Human Res. NA _ Other NA Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Not Required [ ] Other Submitted by: f Growth Man cted parties Budget Acct. #: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required REQUEST: A request by Urban Design Studio, agent, for Channing Corporation XXX for rezoning of a parcel to Planned Unit Development (PUD) and approval of a mixed -use project with 31 residential units, 14,212 square feet of general office, 5,267 of medical office, 10,667 square feet of general retail, 5,900 square feet of indoor restaurant use and 2,260 square feet of outdoor restaurant use. The 7.304 -acre site is located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of the PGA. AA The applicant is requesting a rezoning to a PUD District. The proposed use of the property will be consistent with both the existing land use designation of RH on the southern portion of the property, and the recently approved land use designation of MXD (mixed use) on the northern portion of the property. The current zoning designation for the subject site is Residential High Density (RH). The Commons Parcel 1 is a 7.304 acre tract of vacant land located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of PGA. To the south of the subject property is a canal and Tamberlane Residential Development. Immediately to the east of the subject property is Woodland Lake Condominium project. The site is bounded to the north by vacant land and to the west by Longwood residential development and Barnett Bank. The subject property was recently approved with a land use change for the most northerly 5.2 acre portion of the property to a designation of MXD - Mixed Use. The subject property currently has a zoning designation of RH - Residential High Density. The applicant is requesting a zoning designation of Mixed Use Planned Unit Development (PUD) for the entire 7.304 acre parcel. The property is currently owned by the John D. and Catherine T. MacArthur Foundation, but is under contract for purchase by the Channing Corporation XXX. The Charming Corporation XXX intends to develop the entire parcel as a mixed use development by providing a mix of retail, restaurant, residential, and office uses including general and medical office uses. The development is proposed to include 31 multi - family dwelling units, 14,212 square feet of general office use, 5,267 square feet of medical office use, 10,667 square feet of general retail use, 5,900 square feet of indoor restaurant use and 2,260 square feet of outdoor restaurant use. The development will occur in a single phase. PERMITTED USES: At its January 21, 1999 meeting, City Council expressed its concern regarding the proposed permitted uses with the project. The Council stated that it believed that a "gymnasium or fitness center" within the uses requested by the applicant, and "church" and "nursery or day care" as permitted uses for the project (which are permitted uses listed under the Commercial Neighborhood - CN zoning district), would not be appropriate for this project. Council further stated that a workshop would be conducted at the February 4, 1999 City Council meeting to review the proposed uses for the project. Staff also recommends that the listed CN district use of "laundry, self - service" be specifically eliminated from the allowable uses on the site. The proposed permitted uses for the project (as modified by City Council and Staff) will be approved as a condition of approval, and the following uses are proposed to be permitted with the Planned Unit Development: 3 1. The permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district, with the exception of "churches ", "nursery or day care ", and "laundry, self - service ". 2. townhouses 3. professional and business office 4. medical and dental office 5. blueprinting service 6. art studio, art gallery, and art supplies 7. commercial photography studio 8. camera and photographic supplies 9. tailor 10. costume /tuxedo rental 11. locksmith 12. bicycle shop 13. hardware store 14. confectionery and ice cream shop 15. tobacco shop 16. clothing and accessory store 17. cosmetics shop 18. electronics sales and repair 19. optical store 20. furniture store 21. liquor store 22. food market 23. shoe store 24. sporting good store 25. toy store 26. music store 27. household furnishing store 28. luggage store 29. linen shop 30. interior decorator shop 31. newsstand 32. paint and wallpaper store 33. china, crockery, glassware, and earthenware shop. The permitted and conditional uses in the CN zoning district, as referenced above, are: 1. antique store 2. appliance store 3. apothecary 4. retail bakery 4 5. bookstore 6. delicatessen 7. drugstore 8. gift shop, cards 9. grocery store 10. hobby supply store 11. jewelry store 12.. restaurant (including on- premise consumption of liquor, beer and wine) 13. bank/financial institution 14. barbershop or beauty shop 15. dry cleaning 16. laundry and/or dry cleaning pickup station 17. picture framing 18. reducing salon 19. shoe repair shop 20. police substation 21. post office 22. museum 23. private club or lodge 24. library or reading room 25. public recreation center 26. indoor theater Staff recommends that the following condition be listed in the conditions of approval for Ordinance 7, 1999, which shall be applicable to the applicant, and its successors and/or assigns: 1. The following uses shall be the only permitted within the Planned Unit Development: As permitted use, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district with the exception of churches, nurseries or day care facilities, self - service laundry facilities, and video rentals; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, art gallery, and art supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing and accessory store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; linen shop; interior decorator shop; newsstand; paint and wallpaper store; china, crockery, glassware and earthenware shop. (Planning & Zoning) F„' 1-111111 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 4, 1999 Date Prepared: January 25, 1999 Subject/Agenda Item Workshop of Ordinance 8, 1999, petition PUD -98 -04 (The Commons, Parcel 2), by Urban Design Studio, agent for Channing Corporation XXX, for rezoning of a parcel to a Planned Unit Development (PUD), and approval of a mixed -use project with 17 residential units, and 29,710 square feet of commercial business with eight (8) residential units above the businesses totaling 10,420 square feet. The 8.997 -acre site is located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive. (11- 42S -42E) This workshop has been scheduled to review the proposed permitted uses for the project. Recommendation /Motion: Staff recommends that the proposed condition #1 of Ordinance 8, 1999 contained herein be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Not Required [ ] Other Submitted by: Growth eme cto Affected parties [ ] Notified Budget Acct. #: [ X ] None Approved by: [ ] Not required City Manager 2 REQUEST: A request by Urban Design Studio, agent, for Channing Corporation XXX for rezoning and approval of a 8.997 acre, mixed -use, planned unit development (PUD). The proposed project contains residential, general office, medical office, retail, and restaurant uses, and is located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive. See table below. Residential: Office: 11 General Retail: Restaurant: 44,595 s.f. 13,766s. 12,654 s.f. 4,975 s.f. w/ 223 seats Townhomes I 6,606 I i ��•••••� � !ii%�•�� %� % %I , , • • I i seats i Apartments I Medical: I ... ... Outdoor: �............��. .......................... .ii ..., , ', ....... • seats The development will occur in a single phase. PERMITTED USES: At its January 21, 1999 meeting, City Council expressed its concern regarding the proposed permitted uses with the project. The Council stated that it believed that a "gymnasium or fitness center" within the uses requested by the applicant, and "church" and "nursery or day care" as permitted uses for the project (which are permitted uses listed under the Commercial Neighborhood - CN zoning district), would not be appropriate for this project. Council further stated that a workshop would be conducted at the February 4, 1999 City Council meeting to review the proposed uses for the project. Staff also recommends that the listed CN district use of "laundry, self - service" be specifically eliminated from the allowable uses on the site. The proposed permitted uses for the project (as modified by City Council and Staff) will be approved as a condition of approval, and the following uses are proposed to be permitted with the Planned Unit Development: 1. The permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district, with the exception of "churches ", "nursery or day care ", and "laundry, self - service ". 2. apartments K 3. townhouses 4. professional and business office 5. medical and dental office 6. blueprinting service 7. art studio, art gallery, and art supplies 8. commercial photography studio 9. camera and photographic supplies 10. tailor 11. costume /tuxedo rental 12. locksmith 13. bicycle shop 14. hardware store 15. confectionery and ice cream shop 16. tobacco shop 17. clothing and accessory store 18. cosmetics shop 19. electronics sales and repair 20. optical store 21. furniture store 22. liquor store 23. food market 24. shoe store 25. sporting good store 26. toy store 27. music store 28. household furnishing store 29. luggage store 30. linen shop 31. interior decorator shop 32. newsstand 33. paint and wallpaper store 34. video rentals (family oriented) 35. veterinarian (overnight pets subject to City performance standards) 36. pet shop, including overnight pets (in a soundproof building) 37. china, crockery, glassware, and earthenware shop. The permitted and conditional uses in the CN zoning district, as referenced above, are: 1. antique store 2. appliance store 3. apothecary 4. retail bakery 5. bookstore 4 6. delicatessen 7. drugstore 8. gift shop, cards 9. grocery store 10. hobby supply store 11. jewelry store 12. restaurant (including on- premise consumption of liquor, beer and wine) 13. bank/financial institution 14. barbershop or beauty shop 15. dry cleaning 16. laundry and /or dry cleaning pickup station 17. picture framing 18. reducing salon 19. shoe repair shop 20. police substation 21. post office 22. museum 23. private club or lodge 24. library or reading room 25. public recreation center 26. indoor theater Staff recommends that the following condition be listed in the conditions of approval for Ordinance 8, 1999, which shall be applicable to the applicant, and its successors and /or assigns: 1. The following uses shall be the only permitted within the Planned Unit Development: As permitted use, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district with the exception of churches, nurseries or day care facilities, and self - service laundry facilities); apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, art gallery, and art supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing and accessory store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; linen shop; interior decorator shop; newsstand; paint and wallpaper store; video rentals (family oriented); veterinarian (overnight pets subject to City performance standards); pet shop, including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shop. (Planning & Zoning) g /short: pud9804 =5 /j I CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject /Agenda Item Date: February 4, 1999 Date Prepared: January 25, 1999 Workshop to discuss proposed uses for petition PUD- 98 -05, a request by Urban Design Studio, agent for Channing Corporation XXX for rezoning of a parcel to Planned Unit Development (PUD) and approval of a mixed -use project with 53 residential units, and 72,450 square feet of commercial business. The 12.266 -acre site is located on the south side of PGA Boulevard, immediately east of its intersection with Hickory Drive. (12- 42S-42E) Recommendation: Staff recommends that the proposed Condition #1 of Ordinance 9, 1999 contained herein is approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA I.1"IU $ [ 1 Approved w /wnditim ACM Human Res. NA Other NA Submitted by: Approved by: City Manager REQUEST: Advertised: Date: Paper: [ ] Not Required Director Affected parties [ ] Notified [ ] Not required Current FY Funding Source: [ ] Operating [ ] Other Budget Acct. #:: [ ] Denied [ ] Continued to: Attachments: [ ] None The Commons Parcel 3 is a 12.266 -acre tract of vacant land located on the south side of PGA Boulevard, immediately east of its intersection with Hickory Drive. To the east of the subject property is vacant land, which is zoned Commercial. Immediately to the west of the subject property is vacant land, also under contract to be developed by the Channing Corporation XXX, as The Commons Parcel 2. Directly to the south of the subject property is a canal. Further south of the canal is a residential development, which is part of the JDM plat. CITY COUNCIL MEETING On January 21, 1999, this petition was before the City Council for first reading. At this meeting, it was determined that a workshop should be held to discuss the proposed uses for this site. The Council members felt that the following uses would not be appropriate for this site: a gymnasium, fitness center, church, or a nursery / day care facility. Staff would also recommend that the listed Neighborhood Commercial (CN) district use of "laundry, self - service" be specifically eliminated from the allowable uses on the site. Below is a list of requested uses: The permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district. Art Studio, Art Gallery, and Art Supplies Apartments Commercial Photography Studio Townhomes Camera & Photographic Supplies Professional & Business Office Tailor Medical & Dental Office Costume /Tuxedo Rental Blueprinting Service Locksmith Gymnasium -, ` cater Sporting Goods Store Bicycle Shop Toy Store Hardware Store Confectionery & Ice Cream Shop Music Store Household Furnishing Store Tobacco Shop Clothing & Accessory Store Luggage Store Linen Shop Cosmetics Shop Electronics Sales & Repair Interior Decorator Shop Newsstand Optical Store Paint & Wallpaper Store Furniture Store Video Rentals (family- oriented) Pet Shop, including overnight pets (in a soundproof building) Food Market Shoe Store Veterinarian (overnight pets subject to City performance standards) Liquor Store China, Crockery, Glassware, and Earthenware Shop The permitted and conditional uses in the CN zoning district, as referenced above, are listed in the following table: Antique Store Nursery or Day Care Appliance Store Indoor Theater Apothecary Retail Bakery Public Recreation Center Library or Reading Room Bookstore Private Club or Lodge Delicatessen Museum Drugstore Post Office Gift Shop, Cards Police Substation . Grocery Store Church Hobby Supply Store Shoe Repair Shop Jewelry Store Reducing Salon Restaurant (including on- premise of alcoholic beverages) Picture Framing Bank/Financial Institution Barbershop or Beauty Shop Laundry, self service (Staff recommends eliminating) Laundry and /or dry cleaning pickup station Dry Cleaning - - - -- The proposed permitted uses for the project (as modified by City Council) will be approved as the following condition of approval of the PUD: The following shall be the only uses permitted within the Planned Unit Development: as permitted uses, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district (with the exception of churches, nurseries and day care facilities); apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio; gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; gynnasi m and f t::cs.s. center; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting goods store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (no overnight pets); pet shop including overnight pets (in a soundproof building) and china, crockery, glassware and earthenware shops. (Planning & Zoning) This petition is scheduled for February 11, 1999 for a Special Meeting before the City Council for the second reading and a public hearing.