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HomeMy WebLinkAboutAgenda Council Agenda 093010CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 30, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. RECOGNITION OF SPONSORS V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 4 APPROVE MINUTES FROM AUGUST 19, 2010 CITY COUNCIL MEETING. b. (Staff Report on Page 10, Resolution on Page 13) RESOLUTION 62, 2010 - CONTRACT AWARD TO TOTAL MAINTENANCE BUILDING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO TOTAL MAINTENANCE BUILDING SERVICES, INC. FOR PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. IX. PUBLIC HEARINGS: (* Designates Quasi- Judicial Hearing) a. PRESENTATION OF THE FISCAL YEAR 2010/2011 BUDGET. b. (Staff Report on Page 90, Resolution on Page 92) RESOLUTION 47, 2010 - ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. C. (Staff Report on Page 90, Resolution on Page 94) ORDINANCE 23, 2010 - (2nd READING) ADOPTING FISCAL YEAR 2010/2011 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Page 96, Resolution on Page 139) ORDINANCE 21, 2010 - (2ND READING AND ADOPTION) REVISE THE SIGN CODE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. AT ARTICLE V. BY REPEALING DIVISION 7. SIGNS. AND READOPTING SAME, AS REVISED, IN ORDER TO COMPREHENSIVELY REVISE AND CLARIFY THE CITY'S SIGN CODE; FURTHER AMENDING CHAPTER 78. AT SECTION 78 -751. DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "SIGN, EVENT SIGNAGE ", "SIGN, RIGHT -OF -WAY BANNER ", "SURFACE AREA ", AND "VISIBILITY TRIANGLES (AKA SAFE -SITE TRIANGLES) "; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 174, Resolution on Page 188) RESOLUTION 56, 2010 - PGA MARINA PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PGA MARINA PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 2385 PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO INCREASE THE NUMBER OF BOAT STORAGE AREAS AND MODIFY THE SITE PLAN AND LANDSCAPE PLAN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 198, Resolution on Page 200) RESOLUTION 57, 2010 - ANNUAL FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 242, Resolution on Page 244) RESOLUTION 74, 2010 - POLICE DISPATCH INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA BETWEEN THE CITY OF PALM BEACH GARDENS, THE TOWN OF JUPITER, AND THE TOWN OF JUNO BEACH ESTABLISHING THE NORTH COUNTY DISPATCH CENTER TO PROVIDE DISPATCH AND COMMUNICATIONS OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIL CITY ATTORNEY REPORT: XIII. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to he based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800- 955 -8771 (TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. I CITY OF PALM BEACH GARDENS 2 CITY COUNCIL 3 REGULAR MEETING 4 AUGUST 19, 2010 5 6 The regular meeting was called to order at 7:00 p.m. by Mayor Levy. 7 L PLEDGE OF ALLEGIANCE 8 II. ROLL CALL 9 PRESENT: Mayor David Levy, Vice Mayor Robert Premuroso, Councilmember Eric Jablin. 10 ABSENT: Councilmember Joseph Russo. 11 III. ADDITIONS. DELETIONS. MODIFICATIONS 12 ADDITIONS 13 NEW ITEM A. UNDER CITY MANAGER REPORT: 14 NORTHLAKE BOULEVARD TASK FORCE. 15 NEW ITEM F. UNDER RESOLUTIONS: 16 RESOLUTION 53, 2010 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY 17 OF PALM BEACH GARDENS, FLORIDA APPROVING A MONUMENT SIGN WITH 18 AN ELECTRONIC MARQUEE AT PALM BEACH GARDENS COMMUNITY HIGH 19 SCHOOL, LOCATED AT 4245 HOLLY DRIVE, AS MORE PARTICULARLY 20 DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS 21 OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 22 Councilmember Jablin made a motion for approval of the additions. 23 Vice Mayor Premuroso seconded. 24 Motion passed 3 -0. 25 IV. ANNOUNCEMENTS AND PRESENTATIONS 26 a. RECOGNITION OF WAYNE CAMERON, BUILDING INSPECTOR. 27 Mayor Lew and Councilmembers acknowledged Wayne Cameron for obtaining an Energy 28 Assurance Plan grant. 29 V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS 30 Councilmember Jablin had no report. Vice Mayor Premuroso had no report. Mayor Levy 31 announced the upcoming Kiwanis Club Roast at the Marriott. 32 VI. CITY MANAGER REPORT 33 City Manager Ferris discussed a letter from County Commissioner Karen Marcus 34 regarding the Northlake Boulevard Task Force. Councilmembers reached consensus on 35 continuing the City of Palm Beach Gardens' membership and Councilmember Jablin 36 continuing as the City's representative. 37 VII. COMMENTS FROM THE PUBLIC 38 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens; Lou Satriano, 4703 39 Lakemont Court, Palm Beach Gardens; Ed Chase, 3402 Gardens East Drive, Palm Beach 40 Gardens. 41 VIII. CONSENT AGENDA 42 a. APPROVE MINUTES FROM JUNE 3, 2010 CITY COUNCIL MEETING. 43 b. APPROVE MINUTES FROM JULY 15, 2010 CITY COUNCIL MEETING. 44 c. RESOLUTION 46, 2010 — WORK AUTHORIZATIONS TO TLC ENGINEERING. A 45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 46 FLORIDA AUTHORIZING TWO WORK AUTHORIZATIONS TO TLC ENGINEERING 47 FOR ARCHITECTURE, INC. FOR THE DEVELOPMENT OF AND TRAINING FOR AN 48 ENERGY ASSURANCE PLAN AS PART OF THE U.S. DEPARTMENT OF ENERGY'S CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 08.19.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 LOCAL ENERGY ASSURANCE PLANNING (LEAP) INITIATIVE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. RESOLUTION 48, 2010 - AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. RESOLUTION 50, 2010 - AGREEMENT WITH MACMILLAN OIL COMPANY. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH MACMILLAN OIL COMPANY OF FLORIDA, INC. FOR THE PURCHASE OF UNLEADED GASOLINE AND FUEL OIL VIA AN EXISTING CONTRACT WITH THE STATE OF FLORIDA (NUMBER 405 -000- 10-1); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. f. RESOLUTION 52, 2010 - LEASE AGREEMENT FOR GOLF CARTS. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FOUR (4) YEAR LEASE AGREEMENT WITH DE LAGE LANDEN PUBLIC FINANCE LLC FOR GOLF CARTS FROM CLUB CAR, INC. VIA AN EXISTING CONTRACT WITH THE CITY OF TUCSON, ARIZONA (CONTRACT DATED DECEMBER 10, 2009); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilmember Jablin made a motion for approval of the Consent Agenda. Vice Mayor Premuroso seconded. Motion passed 3 -0. IX. PUBLIC HEARINGS: ( *Designates Quasi - Judicial Hearin) Mayor Levy announced the procedures for tonight's proceedings. Those preparing to give testimony were sworn in. The City Clerk read Ordinance 20, 2010 by title. a. ORDINANCE 20, 2010 - (1ST READIN(j) FIREFIGHTERS' PENSION PLAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE FIREFIGHTERS' PENSION PLAN; PROVIDING FOR COMPLIANCE WITH RECENTLY ENACTED STATUTORY REQUIREMENTS AND OPTIONS; AMENDING SECTION 38 -53 PROVIDING FOR THE EXTENSION OF TRUSTEE TERMS FROM TWO YEARS TO FOUR YEARS; AMENDING SECTION 38- 54 PROVIDING FOR THE INCREASE TO THE CAP OF INTERNATIONAL SECURITY EXPOSURE FROM TEN PERCENT TO TWENTY -FIVE PERCENT; PROVIDING FOR COMPLIANCE WITH PROTECTING FLORIDA'S INVESTMENT ACT AND PROVIDING FOR THE EXPANSION OF THE INVESTMENT VEHICLES UPON THE ADVICE OF THE INVESTMENT CONSULTANT; AMENDING SECTION 38 -57 PROVIDING THAT PRE - RETIREMENT DEATH BENEFITS SHALL COMPLY WITH USERRA REQUIREMENTS; AMENDING SECTION 38 -60 PROVIDING THAT RETIREES MAY CHANGE THE DESIGNATED SURVIVOR UP TO TWO TIMES AFTER RETIREMENT WITHOUT APPROVAL OF THE BOARD OF TRUSTEES AND VERIFICATION OF GOOD HEALTH; AMENDING SECTION 38 -68 PROVIDING FOR FULL FUNDING OF NONFORFEITABLE BENEFITS UPON TERMINATION OF THE PLAN; AMENDING SECTION 38 -69 PROVIDING THAT RETIREES MAY DIRECT PAYMENT OF CERTAIN INSURANCE PREMIUMS FROM BENEFIT PAYMENTS; CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 08.19.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. Staff Presentation by: Finance Administrator Allan Owens. Petitioner Presentations by: Firefighters' Pension Fund Board Member Donna Wisneski; Investment Consultant Joe Bogdahn; Actuary Brad Armstrong; Attorney Pedro Herrera. Public Comment: Rick Rhodes, 3139 SW Captiva Circle, Palm City. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Ordinance 20, 2010 on first reading. Vice Mayor Premuroso seconded. Motion passed 3 -0. The City Clerk read Ordinance 22, 2010 by title. b. ORDINANCE 22, 2010 - (1ST READING) AMENDING THE CODE OF ORDINANCE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 14. ANIMALS. OF THE CODE OF ORDINANCES BY CREATING A NEW ARTICLE III. ENTITLED "DOG- FRIENDLY DINING ", IN ORDER TO ESTABLISH A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS PURSUANT TO SECTION 509.233, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14. ANIMALS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. Presentation by: Code Enforcement Operations Director David Reyes. Public Comment: Eileen Tucker, 1047 Shady Lakes Circle, Palm Beach Gardens; Pat Hughey, 9120 Reed Drive, Palm Beach Gardens; Sue Tulho, 1827 N. Jog Road, West Palm Beach; Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; Lou Satriano, 4703 Lakemont Court, Palm Beach Gardens. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Ordinance 22, 2010 on first reading. Vice Mayor Premuroso seconded. Motion passed 3 -0. The City Clerk read Resolution 38, 2010 by title. C. *RESOLUTION 38, 2010 - PARCEL 31.04 — WAIVER FROM THE RESIDENTIAL MIXED USE REQUIREMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A WAIVER OF THE RESIDENTIAL COMPONENT WITHIN A MIXED -USE PROJECT FOR PROPERTY COMMONLY REFERRED TO AS PARCEL 31.04 PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mavor Levy opened the public hearing. No ex parte communication was declared. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 08.19.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Presentation by: Principal Planner Ryan Johnston, The Johnston Group. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Resolution 38, 2010. Vice Mayor Premuroso seconded. Motion passed 3 -0. The City Clerk read Resolution 49, 2010 by title_ d. *RESOLUTION 49, 2010 - CALVARY CHAPEL CHURCH. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MAJOR CONDITIONAL USE OF CHURCH FOR CALVARY CHAPEL OF JUPITER, INC., LOCATED WITHIN PALM BEACH GARDENS HIGH SCHOOL AT 4245 HOLLY DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. No ex parte communication was declared. Presentation by: Pastor Nathan Murrell. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Resolution 49, 2010. Vice Mayor Premuroso seconded. Motion passed 3 -0. The City Clerk read Resolution 51, 2010 by title. e. *RESOLUTION 51, 2010 - AMENDING THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR AN ADDITIONAL PRINCIPAL TENANT SIGN ON THE NORTH ELEVATION OF BUILDING H (A.K.A. HILTON HOMEWOOD SUITES HOTEL), AND RE- ORIENTING TWO MONUMENT SIGNS LOCATED ALONG DONALD ROSS ROAD WITHIN THE DONALD ROSS VILLAGE PUD, GENERALLY BOUNDED BY DONALD ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. Vice Mayor Premuroso declared ex parte communication. Presentation by: Marty Minor, Urban Design Kilday Studios. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Resolution 51, 2010. Vice Mayor Premuroso seconded. Motion passed 3 -0. The City Clerk read Resolution 53, 2010 by title. f. RESOLUTION 53, 2010 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A MONUMENT SIGN WITH AN ELECTRONIC MARQUEE AT PALM BEACH GARDENS COMMUNITY HIGH SCHOOL, LOCATED AT 4245 HOLLY DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 08.19.10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Petitioner Presentation by: Planning Director Kris Garrison, Palm Beach County School District. Staff Presentation by: Planning and Zoning Director Natalie Wong. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Resolution 53, 2010. Vice Mayor Premuroso seconded. Motion passed 3 -0. X. RESOLUTIONS The City Clerk read Resolution 45, 2010 by title. RESOLUTION 45, 2010 - ANNUAL INSURANCE RENEWALS_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE RENEWALS OF BLUE CROSS BLUE SHIELD OF FLORIDA, POLICY NUMBER 91062, GUARDIAN POLICY NUMBER 407008, AND LINCOLN FINANCIAL POLICY NUMBERS 000010074146 AND 000010074147 FOR FISCAL YEAR 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Levy opened the public hearing. Presentation by: Human Resources Generalist Lauren Ferreira. Mayor Levy closed the public hearing. Councilmember Jablin made a motion for approval of Resolution 45, 2010. Vice Mayor Premuroso seconded. Motion passed 3 -0. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION None. XIL CITY ATTORNEY REPORT None. (The remainder of this page intentionally left blank.) CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 08.19.10 PAGE 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 XIII. ADJOURNMENT Councilmember Jablin made a motion to adjourn. Vice Mayor Premuroso seconded. Motion passed 3 -0. The meeting adjourned at 9:12 p.m. The next regularly scheduled City Council meeting will be held September 16, 2010. APPROVED- David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: Patricia Snider, CMC City Clerk Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced attachments are on file in the Office of the City Clerk. CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING 08.19.10 PAGE 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 30, 2010 Resolution 62, 2010 Subject/Agenda Item: Approve a contract award to Total Maintenance Building Services, Inc. for PGA Flyover Landscape Maintenance Services as outlined in Invitation to Bid No. 2010 -005 [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Rev' Ori inating eft.: Costs: $168,525.00 Council Action: (Total) C' A n M���i(((k��re Kelly [ ] Approved Parks Director _ $ 0.00 [ ]Approved w/ Finance Administrator Current FY conditions [ 1 Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ X ] Operating Paper: [ ] Other • Site Map • Resolution 62, 2010 Sub itted b x ] Not Required i[ J oug n yY�� Community Service Administrator Department Administrator Affected parties [ X ]Notified Budget Acct. #: 308.0900.519.4600 [ ] None Appr 4ge' Ci( Not required Meeting Date: September 30, 2010 Resolution 62, 2010 BACKGROUND: The City released Invitation to Bid No. 2010 -005 for PGA Flyover Landscape Maintenance Services for the area as identified. The City received ten (10) bids on August 11, 2010, which are detailed as follows: Company Name Annual Total Total Maintenance Building Services, Inc. $ 168,525.00 Lukes Landscaping, d /b /a Lukes - Sawgrass $ 170,061.10 Girard Environmental Services, Inc. $ 173,021.00 Vila & Son Landscaping Corporation $ 179,231.00 ValleyCrest Landscape $ 185,069.00 Landscape Service Professionals, Inc. $ 193,050.00 Austin Outdoor, LLC/ Yellowstone Landscape Group, Inc. $ 211,930.43 Powell Landscaping & Design $ 232,953.00 Next Era Landscaping, LLC $ 237,715.00 Sanchez Arango Construction $ 372,150.00 The lowest responsible responding bidder is Total Maintenance Building Services, Inc.; thus staff is recommending a contract award to Total Maintenance Building Services, Inc. in the amount of $168,525.00. If approved, services are anticipated to begin October 1, 2010 for a five -year term with an option to renew. In addition, according to development orders, portions of the project are required to be maintained by adjacent property owners. These agencies will be providing annual reimbursements to the City for landscape /irrigation maintenance in the amount of $88,612.56, which will help offset City costs. STAFF RECOMMENDATION: Approve Resolution 62, 2010 as presented. RESOLUTION 62, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO TOTAL MAINTENANCE BUILDING SERVICES, INC. FOR PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City desires to contract for PGA Flyover Landscape Maintenance Services, and issued Invitation to Bid No. 2010 -005 for such services; and WHEREAS, the City received a responsive and responsible bid from Total Maintenance Building Services, Inc. to perform such services; and WHEREAS, the City wishes to execute an Agreement, attached hereto and incorporated herein, with Total Maintenance Building Services, Inc. based on the bid received; and WHEREAS, the City Council deems approval of this Resolution to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves an Agreement with Total Maintenance Building Services, Inc. and authorizes the Mayor to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN Resolution 62, 2010 , 2010. CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS\2010 \Resolution 62 2010 total maintenance pga flyover.doc 2 n W AGREEMENT BETWEEN CITY OF PALM BEACH GARDENS AND TOTAL MAINTENANCE BUILDING SERVICES, INC. THIS AGREEMENT is hereby entered into this day of , 2010, effective immediately, by and between Total Maintenance Building Services, Inc., with offices located in Palm Beach County at 3690 Consumer Street, West Palm Beach, Florida 33404, hereinafter referred to as "Contractor", and the City of Palm Beach Gardens, a municipal corporation, with offices located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter referred to as "City ". WITNESSETH The City and the Contractor, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and value of which is hereby acknowledged by both parties, hereby agree as follows: 1. The City and the Contractor both hereby agree to enter into an agreement for PGA Flyover Landscape Maintenance Services for the City of Palm Beach Gardens. This Agreement will commence on the effective date written above. 2. All the terms and conditions of this Agreement shall be the terms and conditions as specifically set forth in the ITB #2010 -005 for the City of Palm Beach Garden's Contract for PGA Flyover Landscape Maintenance Services, General Terms and Conditions, and Technical Specifications (the "Bid "), attached hereto and incorporated herein as Exhibit "A ", and the Contractor's fully- executed Bid Proposal Form submitted to the City and attached hereto and incorporated herein as Exhibit "B ". Both parties hereby agree and acknowledge that this three (3) page Agreement, together with all Bid documents (Exhibits "A" and "B ") and all insurance documents required thereby, the fully- executed Public Entities Crime Affidavit and any other materials required under the Bid documents, attached hereto and incorporated herein as Exhibit "C ", shall constitute the entire Agreement. 3. Notice as required in the Agreement documents shall be sufficient when sent by certified mail or hand delivered to the parties at the following addresses: City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager Contractor: Total Maintenance Building Services, Inc. PO Box 31962 Palm Beach Gardens, Florida 33420 Attn: Edward J. Galbraith, President 4. The Contractor shall perform all work required in accordance with the Bid Specifications for an amount not to exceed One Hundred Sixty -Eight Thousand Five Hundred Twenty -Five Dollars ($168,525.00) and is hereby authorized to commence this project. 5. The Contractor agrees to complete all work in accordance with the approved written schedule of proposed work submitted as part of the requirements as set forth in the "Technical Specifications" of the Bid. 6. The term of this Agreement is for a five (5) year term, beginning October 1, 2010, through September 30, 2015, subject to fiscal funding by the City of Palm Beach Gardens. This Agreement may be extended or renewed under the same terms and conditions unless modifications to the terms and conditions are approved by both parties and attached hereto as an addendum to this Agreement. 7. This three (3) page Agreement, along with all other documents referred to in paragraph two (2) above, constitute the entire agreement between the parties; no modifications shall be made to this Agreement unless such modifications are in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. (The remainder of this page intentionally left blank) 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 2010. ATTEST: IN Patricia Snider, CMC, City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY / R. Vzfx tohnlan, City Attorney CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor TOTAL MAINTENANCE BUILDING SERVICES, INC. By Pri Titl WITNESS: By: Print Name: o,�,��a ti' C�,y2�v k) ., ,i.1 (CORPORATE SEAL) G:\attorney_share\AGREEMENTS \total maintenance - agreement itb#2010 -005 RMt revisions - 08- 23- 10.docx 3 EXHIBIT "A CITY OF PALM BEACH GARDENS ADDENDUM NO.3 INVITATION TO BID NO. 2010-005 PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES The following information adds to, deletes, modifies, or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain in full force and effect and shall be binding upon the proposers as if contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for the proper execution, coordination, and completion of all work directly or indirectly affected by this Addendum. 1. The following answers are official responses to questions from the Pre -Bid meeting: A) Will you please provide the number of irrigation zones? There are 72 irrigation zones within the project site. B) The bid states that MOT standards must be followed. If that is the case, then that would require the contractor to hold intermediate certification for MOT from FDOT and would thus be a prequalification to bid the project, and provide the City of Palm Beach Gardens proof of current FDOT - MOT certification. Is that correct? Bidders are NOT required to be certified by FDOT in maintenance of traffic. The Bidder awarded this contract must conform to FDOT's standards as stated on page 12 of the Invitation to Bid: "Maintenance of traffic must conform to the current edition of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, the Standard Specifications for Road and Bridge Construction and the Manuals on Uniform Traffic Control Devices, as a minimum criteria..." Signature of Bidder below acknowledges receipt of this Addendum. This document is to be attached to the front of your bid submission package. Signature Date Addendum 3 — PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES BID NO. 2010-005 Page 1 # CITY OF PALM BEACH GARDENS ADDENDUM NO.2 INVITATION TO BID NO. 2010-005 PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES The following information adds to, deletes, modifies, or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain in full force and effect and shall be binding upon the proposers as If contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for the proper execution, coordination, and completion of all work directly or indirectly affected by this Addendum. The July 21, 2010, 10:00 AM, Mandatory Pre -Bid Meeting Presentation and Sign -In Sheets are attached. The following answers are official responses to questions from the Pre -Bid meeting. A) What are the City's standards in regards to the Bougainvillea beds? The successful bidder will be required to trim the Bougainvillea beds four (4) times per year. B) The bid sheet details application of mulch twice annually and the presentation reflects once annually. Please clarify. Standard schedule for mulch application will be once annually: Begin October 1 - Complete by mid November (prior to Thanksgiving) Section IV, on page 24 of the Bid Form is hereby amended to read: ffiff 01111e1.1 $ / appl. x 21 = $ C) The bid requires one monthly irrigation inspection. However, if there is an irrigation break between inspections, does the 6 -hour response time apply and who notifies the vendor? The vendor is required to respond in person for any reason within six (6) hours upon notification by any City employee. 2. Section IX, on page 24 of the Bid Form is hereby amended to read: IX. IRRIGATION SYSTEM (21 x month inspection/ repair services — $ / mo. x 12 = $ labor only) Please replace page 24 of the Bid Form with the attached revised page. 3. Exhibit A — PGA Blvd. Site Map is hereby amended as attached. Signature of Bidder below acknowledges receipt of this Addendum. This document is to be attached to the front of your bid submission package. 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Unit prices are fixed until the end of the first term. PRIMARY BID ITEMS TASK I. TURFGRASS Mowing (based on 32 cuts mini edging, and weed control Il. SHRUBS AND GROUNDCOVERS Pruning and weed control III. TREES AND PALMS IV. MULCH V. FERTILIZATION A. Sod (Three (3) applications) B. Trees, Shrubs, and Groundcovers C. Palms VI. PESTICIDES A. Turfgrass Areas B. Fire Ant Control VII. MEDJOOL DATE PALMS A. Fertilization B. Pesticides C. Soil and root sample VIII. GENERAL CLEANUP FEE ANNUAL TOTAL mum), $ / mo. x 12 = $ $ /mo.x12= $ $ /mo.x12= $ $ / appl. x 1 = $ $ / appl. x 3 = $ $ / appl. x 3 = $ $ / appl. x 2 = $ $ / mo. x12= $ $ / mo. x12= $ / appl. x 4 = $ $ / appl. x 9 = $ $ x1 = $ / mo. x12= $ IX. IRRIGATION SYSTEM (1 x month inspection/ repair services — labor $ / mo. x 12 = $ only) ANNUALTOTAL ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 24 "a CITY OF PALM BEACH GARDENS ADDENDUM #1 INVITATION TO BID NO. 2010 -005 PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES The following information adds to, deletes, modifies, or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain in full force and effect and shall be binding upon the proposers as if contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for ''the proper execution, coordination, and completion of all work directly or indirectly affected by this Addendum. 1. Page 4, Section 14. Qualification of Bidders, item c. is hereby deleted. Section 14 is amended to read: 14. QUALIFICATION OF BIDDERS This Bid shall be awarded only to a responsible Bidder qualified to provide the product and /or service specified. All Bidders must meet the following minimum qualifications, and include proof of such qualifications in his /her Bid: a. Licensed with a minimum of five (5) years' experience providing similar services as those described in this invitation to bid; b. Has satisfactorily provided similar services within the last five (5) years, as described in this invitation to bid, to a governmental agency for no less than 30 acres of irrigated landscaping similar to the project site for a period of no less than three (3) years. 11-4--.1 yaFd must be lersated within a ten (10) Fnile Fadius of City 2. Page 13, General Specifications / Landscaping, second paragraph is amended to read: The Bidder may be requested to perform emergency work duFinq at any time, including evening of and weekend hours. The Bidder will be required to respond to these emergency work requests within six (6) hours upon notification. 3. The following answers are official responses to questions recently submitted to the City of Palm Beach Gardens: A) What is the budget? $246,000.00 B) Is there a Bond required for this Bid? Per section 17. INSURANCE AND BOND REQUIREMENTS, no bond is required. Signature of Bidder below acknowledges receipt of this Addendum. This document is to be attached to the front of your bid submission package. Signature Date Addendum 1 — PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES BID NO. 2010 -005 Page 1 # Table of Contents PAGE Advertisement for Proposal 1 General Terms and Conditions 2 Notification of Public Entity Crimes Law 10 Technical Specifications 11 Bid Form 24 Reference/ Emergency Contact Form 28 Bid Submission Statement 29 Drug Free Workplace Form 30 Bidder's Checklist 31 Sample Agreement 32 Exhibit A 34 PGA Blvd. Site Map ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services LEGAL ADVERTISEMENT The City of Palm Beach Gardens will be accepting Bids for PGA Flyover. Landscape Maintenance Services. Bid documents may be obtained online at www.pbgfl.com under "PBG Govemment/Bids ", or by contacting the City Clerk's Office at (561) 799 -4121. Sealed Bids must be clearly marked "Bid for PGA Flyover Landscape Maintenance Services — ITB No. 2010 -005 ", and will be accepted until 10:00 a.m. E.S.T. on Wednesday, August 11, 2010, at which time the Bids will be publicly opened and read aloud in the City of Palm Beach Gardens Council Chambers, 10500 N. Military Trail, Palm Beach Gardens, Florida. It is the responsibility of the Bidder to ensure all pages are included. Therefore, all Bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Angela Wong, Operations Manager, (561) 804 -7010, awongr7a.abgfl.com. A mandatory pre -bid conference followed by an onsite inspection shall be conducted on Wednesday, July 21, 2010, 10:00 a.m., 10500 N. Military Trail, Palm Beach Gardens, 33410. The City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal property. Further instructions and conditions are stated in the Bid documents. The City reserves the right to reject any and /or all Bids and waive technicalities and /or any irregularities therein. The City further reserves the right to award a contract to the Bidder whose proposal best serves the interests of the City in the sole discretion of the City. PUBLISH: July 11, 2010 The Palm Beach Post ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services GENERAL TERMS AND CONDITIONS 1. GENERAL INFORMATION These documents constitute the complete set of specification requirements and Bid forms. All Bidders are instructed to provide one (1) original Bid signed in ink, two (2) hardcopies, and one (1) compact disc (CD) in .PDF format of the original Bid. Bid proposals must be completely filled in, signed, sealed, and returned to the City Cleric's Office on or before 10:00 a. m. on August 11.2010. All Bid documents are to be sealed when submitted, and be delivered or mailed to: The City of Palm Beach Gardens City Clerk's Office 10500 N. Military Trail Palm Beach Gardens, FL 33410 On the envelope(s) or box(es) containing the Bid documents shall be written in large letters: Bid for PGA Flyover Landscape Maintenance Services — ITB NO. 2010 -005 TO BE OPENED ON AUGUST 11, 2010, 10:00 a.m. Receipt of a response by any City office, receptionist, or personnel other than the City Clerk's Office does not constitute "receipt" as required by this solicitation. The City Clerk's time stamp shall be conclusive as to the timeliness of receipt. It is the sole responsibility of the Bidder to ensure that his or her Bid reaches the City Clerk's Office on or before the closing date and time. The City shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile shall not be accepted. The Bid time must be and shall be scrupulously observed. Under no circumstances shall Bids delivered after the time specified be considered. Such Bids will be returned to the Bidder unopened. All Bids must be typewritten or written in ink and must be signed in ink by an officer or employee having authority to bind the company or firm. The term "day" wherever used in this document refers to calendar day. Bidders shall not be allowed to modify their Bids after the opening time and date. Bid files may be examined during normal working hours, after the Bid opening, by appointment only. For information concerning this Bid please contact: City of Palm Beach Gardens Angela Wong, Operations Manager (561) 804 -7010 2. ACCEPTANCE/ REJECTION The City of Palm Beach Gardens reserves the right to accept or reject any and /or all Bids and make the award to the Bidder that, in the sole opinion of the City, will be in the best interest of and /or the most advantageous to the City. The City of Palm Beach Gardens also reserves the right to reject the Bid of any person or entity that has previously failed in the proper performance of an award or has failed to deliver on time contracts of a similar nature, or who, in the sole opinion of the City, is not in a position to perform properly under this award. The City also reserves the right to award the contract on a split order basis, group by group, or item by item, or such combination as will best serve the interests of the City ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). The City of Palm Beach Gardens reserves the right to waive technicalities and /or any irregularities and may, at its sole discretion, reject all Bids and request a re -Bid. 3. NON - COLLUSION Bidder certifies that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same materials, services, supplies, or equipment, and is in all respects without collusion or fraud. No premiums, rebates, or gratuities are permitted, either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials, or discontinuation of service. 4. CONFLICT OF INTEREST The award is subject to provisions of State Statutes, County, and City Ordinances. All Bidders must disclose with the Bid the name of any officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10 %) or more in the Bidder's firm or any of its branches. S. LEGAL REQUIREMENTS Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be cause for relief from responsibility. Persons or entities doing business with the City are prohibited from discriminating against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rates of pay, or other compensation methods and training selection. 6. MISTAKES In the event of addition error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. Bidders must check their proposal where applicable. Failure to do so will be at the Bidder's risk. Bids having erasures or corrections must be initialed in ink by the Bidder. 7. AVAILABILITY OF FUNDS The obligations of the City of Palm Beach Gardens under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Palm Beach Gardens' City Council. 8. EEO STATEMENT The City of Palm Beach Gardens is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination on the basis of race, color, religion, national origin, age, and sex. 9. BID FORMS All Bid proposals must be submitted on the City's standard Bid Proposal Form. Bid proposals on Bidder /Bidder quotation forms will not be accepted. Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General Terms & Conditions shall be cause for the Bid to be deemed non - responsive. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 10. BID TABULATION Bidders desiring a copy of the Bid tabulation of the Invitation to Bid may request same by enclosing a self - addressed stamped envelope with their Bid. 11. CONTRACTUAL AGREEMENT This Invitation to Bid shall be included and incorporated in the final award and shall constitute a portion of the contract together with the Bid response and all specification documents. Any and all legal action necessary to enforce the award will be held in Palm Beach County and the contractual obligations will be interpreted according to the laws of the State of Florida with attorney fees awarded to the prevailing party, including all appeals. 12. TERM OF CONTRACT The term of this contract shall be from October 1. 2010 to September 30, 2015, which may be extended or renewed as agreed upon by both parties as set forth herein. 13. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the Bid documents. Any inquiry or request for interpretation received in writing 72 hours prior to the Bid opening will be given consideration. Any questions by prospective Bidders concerning this Invitation to Bid should be sent in writing to Angela Wong, Operations Manager, awonuCaDpbgfl.com, or fax (561) 799 -4134. All such changes and interpretations will be made in writing in the form of an addendum, and if issued, will be mailed or sent by available means to all known prospective Bidders prior to the established Bid opening date. Submission of a Bid constitutes acknowledgment by the Bidder of the receipt of any Addenda. All Addenda are a part of the Bid documents, and each Bidder will be bound by such Addenda, whether or not received by him/her /it. It is the responsibility of each Bidder to verify that he /she /it has received all Addenda issued before the Bids are opened. No authorization is allowed by City personnel to interpret or give information as to Bid requirements in addition to that which is contained in the written Bid document and Addenda. 14. QUALIFICATION OF BIDDERS This Bid shall be awarded only to a responsible Bidder qualified to provide the product and /or service specified. All Bidders must meet the following minimum qualifications, and include proof of such qualifications in his /her Bid: a. Licensed with a minimum of five (5) years experience providing similar services as those described in this invitation to bid; b. Has satisfactorily provided similar services within the last five (5) years, as described in this invitation to bid, to a governmental agency for no less than 30 acres of irrigated landscaping similar to the project site, for a period of no less than three (3) years; and C. Business location and equipment yard must be located within a ten (10) mile radius of City Hall located at 10500 N. Military Trail, Palm Beach Gardens. In addition, the Bidder shall submit the following information with his /her Bid on the Reference / Emergency Contact Form provided: a. List and give a brief description of similar work satisfactorily completed with location, dates of contracts, name and address of owner, phone number(s), and email address. References should be local so that City personnel may visit site if desired. Provide a minimum of three (3) references. b. Contact name /numbers for emergencies and resolving problems. Include a contact person that can be reached during all normal workday hours (i.e., 8:00 a.m. to 6:00 p.m.), and after hours, if necessary. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 15. PRICES SHALL BE FIXED AND FIRM FOR THE TERM OF THE CONTRACT If the Bidder is awarded a contract under this solicitation, the prices quoted by the Bidder on the Bid Form shall remain fixed and firm during the term of the contract; provided, however, that the Bidder may offer incentive discounts from the fixed price to the City at any time during the contractual term. All Bid prices must include freight prepaid to the final destination site. 16. CERTIFICATION, LICENSES AND PERMITS Bidders must hold all required Certificates of Competency, Permits, Occupational Licenses, and any other certification necessary to complete this contractual agreement. Copies of these certificates, licenses, and permits must be submitted with the Bid, and must be in the name of the person or entity shown on the Bid Proposal Form. A City of Palm Beach Gardens occupational license shall be obtained and submitted within five (5) business days after Notification of Award is received. 17. INSURANCE AND BOND REQUIREMENTS It shall be the responsibility of the successful Bidder to provide evidence of the following minimum amounts of insurance and bond coverage prior to the start of work. Failure to provide this written evidence prior to the commencement date may be grounds for immediate cancellation of any award. No Security /Performance Bond required. Workers compensation and employer's liability coverage to apply to all employees for statutory limits in compliance with applicable State and Federal laws. Commercial General Liability shall have minimum limits of $1,000,000 Per Occurrence Combined Single Limit for Personal Injury, Bodily Injury and Property Damage Liability. Coverage shall include Premises and /or Operations, Independent Bidders, Products and /or Complete Operations, Contractual Liability and Broad Form Property Damage Endorsements. Business Auto Liability shall cover any auto for bodily injury and property damage and shall include owned vehicles, hired and non -owned vehicles, and employee non - ownership with minimum limits of $1,000,000, per occurrence combined single limit for bodily injury and property damage. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverage has been procured by the Bidder in the types of amount(s) required hereunder, shall be transmitted to the City prior to commencement of any operations under the terms of the contract. Except as to Workers Compensation and Employers Liability, said Certificate(s) shall clearly state that coverage required by the contract has been endorsed to include the City of Palm Beach Gardens, a municipal corporation of the State of Florida, its officers, agents and employees as Additional Insured. The Certificate of Insurance shall unequivocally provide thirty (30) days written notice to the City prior to any adverse change, cancellation or non - renewal of coverage thereunder. Said liability insurance must be acceptable to and approved by the City as to form and. types of coverage. In the event that the statutory liability of the City is amended during the term of this agreement to exceed the above limits, successful Bidder shall be required, upon thirty (30) days written notice by the City, to provide coverage of at least equal to the amended statutory limit of liability of the City. 18. PUBLIC ENTITY CRIME INFORMATION STATEMENT Each Bid associated with work for a public entity must be accompanied by a signed acknowledgement of Notification of the Public Entity Crime Law. In the event such acknowledgement is not submitted with the proposal, the Contract will not be awarded until said acknowledgement is submitted pursuant to Section 287.133(3)(a), Florida Statutes. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 19. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH Bidder certifies that all material, equipment, etc., contained in this Bid meets all O.S.H.A. requirements. Bidder further certifies that if he /she is the successful Bidder, and the material, equipment etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be bome by the Bidder. 20. SAFETY REGULATIONS Equipment must meet all Federal, State, County, and City safety regulations for grounding of electrical equipment. 21. CODES AND REGULATIONS The Bidder must strictly comply with all Federal, State, County, and City building and safety codes. 22. INDEMNIFICATION The successful Bidder agrees to protect, defend, reimburse, indemnify and hold the City, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, suits, costs, fines and damages (including attorney fees) and causes of action of every kind and character against or from the City by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever or any governmental agency, arising out of or incident to or in connection with the Bidder's performance under this Agreement. However, the Bidder shall not be responsible to the City for damages resulting out of bodily injury or damage to property which the Bidder can establish as being attributable to the sole negligence of the City, its respective agents, servants, employees or officers. The indemnification shall include, but not be limited to, suits, actions, or claims brought because of any injuries or damages (including death) sustained by any person or property on account of the Bidder's operations in connection with the contract; or in consequence of any neglect in performing the work; or because of any act or omission by the Bidder. 23. SUCCESSFUL BIDDER'S RESPONSIBILITY The successful Bidder shall be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions and Specifications outlined in this Invitation to Bid. The successful Bidder shall be responsible for obtaining all necessary permits, licenses, and /or registration cards, in compliance with all applicable Federal, State, and Local statutes pertaining to services as specified. 24. SUPERVISION The successful Bidder shall provide an adequate number of trained, qualified Supervisors capable of providing adequate field supervision to accomplish the services. Each Supervisor, to the satisfaction of the City's representative, shall be capable of verbal and written communication. The City's representative may request the successful Bidder to remove any Supervisor if it is determined the individual is not performing the service in accordance with the terms and conditions of this contract. 25. EMPLOYEES Persons employed by the successful Bidder in the performance of services pursuant to this Bid shall not be considered employees of the City, shall be independent thereof and shall have no claim against the City as to pension, workers compensation, insurance, salary, wages, or other employee rights or privileges granted by operation of law, and shall be 18 years of age or older. Under no circumstances will any employee of the successful Bidder be permitted to allow minors (under 18 years of age) and /or ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services anyone who is not an employee of the successful Bidder to enter onto any City facility at any time for any reason. 26. BID AWARD AND DISPUTES The posting of a Notice of Intent to Award will result in the intended award recommendations. Posting shall be displayed on Demand Star's Website (www.demandstar.com) for public viewing. The City's agent will also notify all Bidders affected by the intended award of contract at the time of posting via fax, email, phone, or other means of the intended award. Any actual or prospective Proposer who is aggrieved in connection with a solicitation or contract award may avail themselves of the City's purchasing procedures to resolve disputed matters or complaints. 27. ASSIGNMENT The Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of any contract, including any or all of its right, title, or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Palm Beach Gardens. 28. EXTENSIONS The contract may renewed or extended upon the mutual written agreement of the parties with all original terms, conditions, and with all original deviations, contract may be renewed for additional terms. Any renewal is at the sole discretion of the City and will be subject to appropriation of funds by the City. 29. CANCELLATION The City of Palm Beach Gardens reserves the right to cancel this contract by written notice to the successful Bidder effective the date specified in the notice, should any of the following apply: A. The Bidder is determined by the City to be in breach of any of the terms and conditions of the contract and /or to have failed to perform his /her services in a manner satisfactory to the City. In the event the successful Bidder is found to be in default, the successful Bidder will be paid for all labor and materials provided as of the termination date. No consideration will be given for anticipated loss of revenue or the canceled portions of the contract. B. The City has determined that such cancellation will be in the best interest of the City to cancel the contract for its own convenience. C. Funds are not available to cover the cost of the services. The City's obligation is contingent upon the appropriation of funds. 30. PROTECTION OF PROPERTY The successful Bidder shall at all time guard against damage or loss to the property of the City of Palm Beach Gardens or of other Bidders and shall be held responsible for replacing or repairing any such loss or damage. The City of Palm Beach Gardens may withhold payment for reimbursement or replacement for loss or damage to property attributed to negligence of the successful Bidder or his /her agents. 31. PAYMENT Payment will be made by the City after services have been received, accepted, and properly invoiced. 32. SECURITY AND IDENTIFICATION All measures necessary to comply and to ensure that employees comply with the security rules and regulations of the City and all Federal, State, and County rules, laws, and regulations shall be the responsibility of the successful Bidder. Employees serving hereunder, shall not use controlled substances not prescribed for them, nor illegal substances on or off the City's premises, and shall not use alcohol on the City's premises nor preceding their work shift which would in any way affect the performance of the services. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services The successful Bidder shall remove from service any employee of the successful Bidder who, in the opinion of the City is not performing the services in a proper manner, or who is incompetent, disorderly, abusive, dangerous or disruptive or does not comply with the rules and regulations of the City. Such removal shall in no way be interpreted to require dismissal or other disciplinary action of the employee by successful Bidder. 33. SEVERABILITY If any section or part of a section of these General Terms and Conditions and Technical Specifications is for any reason held or declared to be inoperative or void by a Florida Court of Jurisdiction, such decision of inoperativeness or act shall not affect the remaining portion(s) of the section(s) involved or any other section of these General Terms and Conditions and Technical Specifications. 34. JURISDICTION AND VENUE This Agreement shall be governed by the laws of the State of Florida, and venue for any legal proceedings arising under this Agreement shall lie in Palm Beach County, Florida. 35. INSPECTION OF FACILITIES It is the Bidder's responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. 36. FLORIDA PUBLIC RECORDS ACT All material submitted regarding this Bid becomes the property of the City. Bids may be reviewed by any person ten (10) days after the public opening. Bidders should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City. The City has the right to use any or all information /material submitted in response to this Bid and /or any resulting contract from same. Disqualification of a Bidder does not eliminate this right. 37. TIED BIDS /DRUG FREE WORKPLACE PROGRAMS In the event of an identical tied bid, preference will be given to local vendors. Local shall mean those vendors whose principal place of business is located within the city limits of the City of Palm Beach Gardens. If none of the vendors are local, preference shall be given to the business, submitting proof of Drug -Free Work Place (DFW) programs. A public drawing of lots will be held in the event all apply. 38. PRE -BID CONFERENCE A mandatory pre -bid conference followed by an on -site inspection shall be conducted on Tuesday, July 21, 2010, 10:00 A.M, 10500 N. Military Trail, Palm Beach Gardens, 33410. The purpose of the Pre - Bid conference is to provide and solicit information relative to the scope, purpose, nature, and extent of the work, and any local conditions, which may affect the work and its performance. Submission of a bid shall constitute an acknowledgment by the Bidder that he /she /it has thoroughly examined and is familiar With this Invitation to Bid and the nature and scope of work which is the subject of same. The failure or neglect of a Bidder to examine this Invitation to Bid shall in no way relieve him/her /it of any obligation with respect to either his /her /its bid or this Invitation to Bid. No claim for additional compensation will be allowed which is based upon a lack of knowledge of this Invitation to Bid. 39. CHANGES IN WORK The City may, from time to time, revise the Scope of Work. Any such revisions shall be made and authorized by a Change Order. Upon receipt of a fully executed Change Order, the Contractor will proceed with the work at set forth in the Change Order. All such work shall be performed in accordance with the applicable terms and conditions of the Contract Documents. If any Change Order results in an increase or decrease in the Contract Price or alters the Contract Time, an equitable adjustment will be made as provided in this document. The Contractor's signature upon a Change Order shall constitute ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services irrefutable evidence of the Contractor's acceptance of and agreement with any revised terms, conditions, scope of work and compensation adjustments. The City may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. Additional Work performed by the Contractor without first being authorized by a fully executed Change Order will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in this invitation to bid. The remainder of this page is intentionally left blank. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services CITY OF PALM BEACH GARDENS NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes (2009), you are hereby notified that a person or affiliate who has been placed on the convicted Bidder list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases or real property to a public entity, may not be awarded or perform work as a Bidder, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for CATEGORY Two [$25,000.00] for a period of 36 months from the date of being placed on the convicted Bidder list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 10 TECHNICAL SPECIFICATIONS GENERAL SPECIFICATIONS ii PURPOSE: The City desires to contract with one Bidder for the maintenance of the PGA Flyover landscaping and irrigation system. The selected Bidder shall be responsible for supplying these maintenance services on a year -round basis. LOCATION: The PGA Flyover is located 3770 PGA Boulevard, Palm Beach Gardens, Florida. The contract area is depicted in Exhibit A, and is approximately 1,645,000 square feet. IRRIGATION SYSTEM OPERATION AND MAINTENANCE: Bidder is responsible for the operation of the irrigation system. An irrigation schedule of maintenance will be provided by the Bidder to the City's representative within fifteen (15) calendar days after award of the contract. The irrigation schedule shall be controlled by the City and adjusted according to climatic conditions, and meet any restrictions mandated by water management agencies. Bidder shall be responsible for the maintenance and adjustment of the irrigation system in accordance with the manufacturer's specifications. The irrigation system is to be checked by the Bidder once per month (or 12 times per year) to ensure each zone is watered sufficiently to include zone valves and heads. The irrigation system is a Toro Sentinel Operating System, and is controlled by a handheld radio. The Bidder shall obtain and sign for a handheld radio which shall be issued by the City's representative in order to conduct preventative maintenance on the irrigation system. The Bidder shall return the handheld radio to the City's representative by 4:30 PM of each day. If the handheld radio is lost or damaged, the Bidder shall be responsible for its replacement at a cost of $1,000.00. Bidder is responsible for cleaning sand and debris from in- ground utility covers including irrigation valves. Bidder is required to keep overspray on sidewalks and roadways to a minimum to ensure adequate coverage. Repairs will be performed on a time and materials basis. Repairs are defined as those items that are not routine maintenance work, such as main line repairs, circuit line repairs, control valve replacements, pump repairs or replacements, etc. Any defective batteries, sprinkler heads, clocks, valves, or leaking pipes shall be repaired immediately upon approval by the City's representative. Should the irrigation system fail to operate properly at any time during the contract term, it shall be the sole responsibility of the successful Bidder to keep the affected area's plant materials, grass, and trees properly watered. The successful Bidder shall utilize whatever means necessary to provide supplementary watering, with the approval of the City's representative, until the irrigation system has been restored to full and proper operation. The Bidder shall be responsible for any supplementary watering expenses should the need for such supplementary watering be precipitated by the negligence of the Bidder. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 11 LANDSCAPING: The following are the general specifications covering the maintenance of right -of- way landscaping, including trees, shrubs, ground cover, and turf areas. Unless specifically addressed in the appropriate section, these general provisions shall apply. The work outlined shall include, but is not limited to, the following maintenance tasks: mowing, edging, pruning, weeding, mulching, fertilization, and pesticide /herbicide application. Bidder agrees to furnish all supervision, labor, materials, supplies, and equipment as necessary to properly complete the work specified herein. Supervisory personnel used to oversee the required maintenance shall have a minimum of five (5) years of experience in landscape maintenance. Bidder shall implement turf management practices and horticultural practices as recommended by the Institute of Food and Agricultural Services (IFAS), University of Florida, Gainesville, Florida, as found in the following publication: "Florida Lawn Handbook" — current edition. No activity shall be carried out in a manner that will disrupt, inconvenience, or endanger any member of the traveling public, either pedestrian or vehicle. Failure to follow mandated safety practices or guidelines listed herein could result in termination of this contract for cause, at the City's discretion. Bidder shall be responsible for restoration of any damages that occur as a result of their operations, including but not limited to, plant loss due to improper maintenance procedures, improper herbicide or pesticide use, improper trimming /pruning, improper equipment operation, pavement damage from loading or unloading, fuel spills, insufficient or improper fertilization resulting in plant chlorosis, untreated disease or pest problems, and injury to non target plants and organisms, etc. At the end of each maintenance day, all walks, drives, road surfaces, and open space areas will be free of any loose materials, trash, and /or debris. All personnel shall be required to wear proper attire, which, as a minimum, includes a standard shirt carrying the company name and /or logo, present a good appearance, and maintain a professional code of conduct. All personnel shall wear a safety vest with reflective striping when working within the road right -of -wad Maintenance of traffic must conform to the current edition of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, the Standard Specifications for Road and Bridge Construction and the Manuals on Uniform Traffic Control Devices, as a minimum criteria. All traffic control costs shall be a part of the unit price bid and shall not be paid for separately. Maintenance of traffic will be subject to periodic inspections by the City. Deficiencies noted by the City shall be corrected immediately by the Contractor, or the maintenance efforts will have to be suspended (and all MOT removed) until the corrections can be made by the Contractor and verified by the City. The Contractor will be solely responsible for correcting deficiencies and will not be compensated for additional items necessary to comply with the terms of these MOT guidelines. No storage or provision for storage shall be made onsite for maintenance equipment or materials. All vehicles shall be clearly identified with the company name and /or logo, and present a good appearance. Vehicles and equipment shall be parked within the City right -of -way so as not to ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 12 obstruct or interfere with pedestrian or vehicular traffic. All work, unless otherwise specified herein, shall be part of the contract amount quoted. The Bidder may be requested to perform emergency work during evening or weekend hours. The Bidder will be required to respond to these emergency work requests within six (6) hours upon notification. Major Storm Event Caveat The Contractor shall have the resources or a subcontractor assigned to provide tree trimming, tree removal, and /or debris removal services (as assigned by the City's representative) from City property, within 48 hours after a hurricane passes. The main objective of this work will be to remove cracked, broken, and suspended branches from damaged trees, as well as trees which are leaning or have fallen. This work shall be based on (all inclusive) hourly rates. TURFGRASS MOWING /EDGING/WEED CONTROL: MOWING FREQUENCY: All turfgrass areas shall be mowed no less than every seven (7) days when actively growing, and approximately every other week when growing is reduced. One complete year's schedule shall include a minimum of 32 cuts per fiscal year as generally outlined below: Active Growth Period: June — August (Weekly) Reduced Growth Period: September — May (Biweekly) SAMPLE MOWING SCHEDULE INDICATING A 32 CUT MOWING CYCLE PER FISCAL YEAR: October 2 cuts minimum November 2 cuts minimum December 2 cuts minimum January 2 cuts minimum February 2 cuts minimum March 2 cuts minimum April 2 cuts minimum May 3 cuts minimum June 4 cuts minimum July 5 cuts minimum August 4 cuts minimum September 2 cuts minimum 32 Total Services per Fiscal Year Schedule MOWING GENERAL: a. Mowing times shall be between the hours of 7:00 AM — 5:00 PM, Monday through Saturday. No mowing shall occur on Sundays or the following Holidays: July 4, Thanksgiving, Christmas, and New Years Day, except when prior approval to these conditions has been secured by the City. b. Grass clippings shall be left on the turf areas, provided there are no readily visible clumps remaining. Clumps shall be removed from the lawn immediately after mowing. Grass clippings shall not be directed into the bed areas, roads, sidewalks, or tree ring areas. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 13 c. Grass clippings or debris caused by mowing or trimming, will be removed from adjacent walks, drives, gutters, curbs, and other hardscape surfaces on the same day as mowed or trimmed. d. All litter, debris, or items that may be propelled by mower blades MUST be removed from the turf BEFORE mowing and moved from the job site. The collected debris shall not be discarded into any landscape areas including landscape beds, drainage structures, or paved surfaces, and MUST be removed from the site and disposed of properly by the Bidder. e. Mowing heights are to be maintained at 3" — 3 Y2" for both St. Augustine (Floratam) grass and Bahia grass. The City retains the option to adjust the mowing heights as necessary. Mower blades shall be sharpened regularly to deliver a finished cut to leaf blades. f. Mowing must be performed in a timely and systematic fashion in order to maintain the integrity and appearance of the landscape design. Bidder shall alternate mowing patterns to avoid mower wheel rut patterns, where the size of the mowing area permits. g. Mowing must be performed carefully so as not to "bark" trees or shrubs, intrude into covered beds, DAMAGE SPRINKLER HEADS, valves, manifolds, time clocks, curbs, or other facilities. h. Mowing of slope areas may require use of specialized equipment. EDGING: "Edge" is to be defined as a sharp, distinct, visually discernable, vertical line of sod at all junctions of turfgrass, and any other material such as concrete, asphalt, mulch, etc. EDGING FREQUENCY: Edging shall be done with every cut. EDGING GENERAL: a. Mechanically edge all turf edges abutting sidewalks and flush paved surfaces, including all road curbs, drives, etc. b. Mechanically edge all landscaping bed /sod interfaces, including individual tree rings (18" from outside of tree trunk minimum).' c. A mechanical blade edger will be used for all edging. Edging with string -type trimmers is not permitted. d. Dirt and debris produced by edging or trimming shall be removed and swept from adjacent hard surfaces. WEED CONTROL: Weed control shall be performed on St. Augustine turfgrass, landscape beds, and bridge walls only. WEED CONTROL FREQUENCY: Weed control shall be performed as often as necessary in order to provide a weed free area. In areas where weeds are already established, weed control shall be performed as often as necessary so as to reduce and improve over time the amount of weeds for a weed free area. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 14 WEED CONTROL GENERAL: a. Weed control may be accomplished by using selective herbicides, both pre- emergent and post- emergent, as needed. "Round -up" or other City- approved spray may be used to control weeds in pavement areas. Pavement areas include sidewalks, driveways, curbs, roads, and any cracks within the non - pervious material. b. Manufacturers' label rates will be strictly adhered to along with any safety precautions and disposal directions. c. Applicators will be licensed in accordance with State regulations. d. Bidder will submit to the City's representative at least 24 hours prior to chemicals being applied the following information: identification of the chemical applied, pests controlled, date of application, time, name of applicator, and method of application. SHRUBS AND GROUNDCOVER PRUNING: PRUNING FREQUENCY: The schedule for performance of this work is to be determined by the Bidder, with a frequency of no less than one time per month. PRUNING GENERAL: a. Shrubs within landscaping beds shall be maintained to provide maximum opaqueness. b. Pruning, trimming, and shaping landscape material shall be done to promote vigorous growth, and maintain an attractive shape consistent with the plant's character. c. No pruning shall be permitted as to render the top of the foliage mass to be wider than the base of the foliage. d. Pruning shall be performed to leave hedges in a uniform horizontal height. The City will establish heights of various planting areas. e. NO chemical trimming or pruning will be allowed under any circumstances! f. ALL trimming and pruning debris is to be picked up and removed from the property on the day of each trimming by the Bidder and at the Bidder's expense. WEED CONTROL: Weeding within the landscape beds shall be conducted at the frequency and by the general provisions below. WEED CONTROL FEQUENCY: As often as necessary in order to provide a weed free area, and no less than one (1) time per month. WEED CONTROL GENERAL: a. Weed control may be accomplished by using selective herbicides, both pre- emergent and post- emergent, as needed. "Round -up" or other City- approved spray may be used provided that injury to desired plant material is prevented. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 15 b. Manufacturers'. label rates will be strictly adhered to, along with any safety precautions and disposal directions. c. Applicators will be licensed in accordance with State regulations. d. Bidder will submit to the City's representative at least 24 hours prior to chemicals being applied the following information: identification of the chemical applied, pests controlled, date of application, time, name of applicator, and method of application. e. Hand weeding is to be performed as necessary to remove weeds, which, when sprayed, will leave an unsightly appearance or result in damage to plants. TREES AND PALMS PRUNING: For purposes of this Section, any required pruning is limited to a height of 16' 0" as measured from ground level. PRUNING FREQUENCY: The schedule for performance of this work is to be determined by the Bidder, with a frequency of no less than one (1) time per month. PRUNING GENERAL: a. Pruning shall include, but not be limited to: - Dead, dying or unsightly parts of the tree. - Sprouts growing at or near the base of the tree trunk. - Branches that grow towards the center of the tree. - Crossed branches that may rub together. - Multiple leaders of a tree that normally have only one stem. - Nuisance growth that interferes with view, walks, fighting, or signage. - Nuisance growth, removal of all dangerous branches, thorns and fronds that indicate potential conflict with people. including branches overhanging sidewalks, encroaching guardrails and vehicular traffic. - Branches that have strong potential for damage by storms (preventative) or have been damaged by storms (post storm event). - Branches needs to be clear from back of the curb and maintain a fourteen foot (14') vertical clearance from the pavement for vehicular traffic. b. Pruning paint is not required and will be prohibited. c. Sharp and proper pruning tools shall be used to remove portions of trees, including any sucker growth. d. No chemical treatment of sucker growth will be permitted. e. Branches, dead wood, and cuttings resulting from pruning shall be removed from the job site and disposed of by the Bidder in an acceptable manner. All lawn and shrub areas damaged by pruning equipment shall be replaced at the Bidder's expense. f. Dead Palm fronds that have fallen to the ground are to be removed at each mowing. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 16 g Dead Palm fronds shall be removed from the palm head and trunk of any Palm species (including Washingtonian Palms) up to a defined height of 160". WEED CONTROL: a. Under no circumstances will any tree planted in a sodded area be weeded with a filament type trimmer. b. Chemical application for the control of weeds will not be permitted where sucker sprouts are present. ALL sucker growth must be removed using proper pruning techniques prior to the use of Round -up. c. Tree rings with a minimum radius of 18" from outside of trunk shall be edged and maintained to avoid mechanical damage to the tree trunks. MULCH MULCH FREQUENCY: Standard schedule for mulch application will be once annually: • Begin October 1 -Complete by mid November (prior to Thanksgiving) MULCH GENERAL: a. Plant beds and tree pits shall be maintained with four inches (4 ") of mulch. b. The City's representative will identify the type of material required for mulch applications. FERTILIZATION Chemical analysis sheets, particularly Palm Tree fertilizer, shall be submitted to the City's representative prior to application along with recommended application rates as noted by the manufacturer. TURF FERTILIZATION GENERAL: a. The fertilizer shall be a granular fertilizer with composition of 15 -0 -15. It shall be a complete fertilizer (containing both major and micro nutrients), sulfur coated, time released, and applied at a rate of 1 lb. of nitrogen per 1,000 sq. ft. of sod. Bidder shall not use any forms of fertilizers other than those specified, without specific approval from the City. b. Turf, where required, as specified in the individual maintenance area specification sheets, shall be fertilized three (3) times annually during the following months: January, April, and October. c. Bidder will notify the City 24 hours in advance prior to fertilizer applications so the City can adjust irrigation systems accordingly or notify the Bidder of systems under repair. d. ALL residual fertilizers remaining on any hardscape surfaces shall be removed immediately after the application process is completed to avoid staining. TREES, SHRUBS, & GROUND COVER FERTILIZATION, GENERAL: a. Fertilizer shall be applied to all trees, shrubs and ground covers with exception of Pine Trees, Sabal (Cabbage) Palms, Wax Myrtles, and Saw Palmettos. Fertilizer shall be commercial grade. Fertilizer shall be 10- 10 -10, sulfur coated, time released, or as ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 17 recommended because of specific species. Bidder shall not use any forms of fertilizers other than those specified, without specific approval from the City. b. Granular fertilizer can be utilized for plants on level terrain. Plants established on sloped locations, such as Interstate ramps, bridges, and flyovers where run off is likely, fertilizer shall be in a tablet or spike form, specifically designated for the species being fertilized. PALM FERTILIZATION GENERAL: a. Sabal Palms (Cabbage Palms): No fertilization is required. b. Washingtonian Palms: SPIKE FORM ONLY (Similar to "Lutz" brand Palm Tree Maintenance Spikes — sample label included). Fertilizer used for Washingtonian Palms shall meet or exceed the chemical analysis quantities appearing on the "Lutz" Palm Tree Maintenance Spikes. c. All other palms (Washingtonian, Royal, and Paurotis): Fertilize using a "Palm Special" fertilizer. Fertilizer used shall be complete with Magnesium, Manganese, Potassium, and micronutrients. Material shall be applied at label rates. d. Medjool Palm (Phoenix Dactilifera): Fertilization is specified in the schedule provided. FERTILIZATION FREQUENCY: a. Sod, trees, and shrubs shall be fertilized three (3) times per year during the months of January, April and October. b. Palm trees shall be fertilized as follows: • Sabal Palms (Cabbage Palms): No fertilization is required. • Washingtonian Palms: If "Lutz" brands Palm Tree Maintenance Spikes are used, fertilization is required once annually in January. Other spike fertilizers will be applied biannually, unless label rates specify differently. • Royal and Paurotis Palms shall be fertilized two times yearly (January & June) or as required to eliminate yellowing of the fronds. • Medjool Palms: See MEDJOOL PALMS ANNUAL PESTICIDE/FERTILIZATION SCHEDULE under the PESTICIDES section below. PESTICIDES PESTICIDES FREQUENCY: Pesticide control, where required, will be applied on a monthly basis for the control of insects. PESTICIDES GENERAL: a. A licensed operator, using EPA approved material under the direction of a Certified Pest Control Operator, shall apply chemical controls. b. Copies of current licenses must be provided to the City prior to chemical use. c. The manufacture's written instructions and EPA criteria shall be strictly adhered to for application rates, warning, and re -entry restrictions, etc. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 18 d. Prior to the application of any pesticide, the Bidder shall notify the City of the specific chemical being used, application rates, and other particulars with reference to safety issues. The posting of any required notifications regarding re -entry periods, if required, is the responsibility of the Bidder. e. The Bidder assumes all liability for damage and /or injury resulting from accident of misuse of these products and /or equipment. The City retains the right to prohibit the use of any herbicide or pesticide. f. Any plant damaged, or that seriously declines due to chemical applications (Pesticide or Herbicide; Granular or liquid), shall be replaced with like material of comparable size, type, and value. g. Bidder will submit to the City's representative, on the same day chemicals are applied, the following information: identification of the chemical applied, pests controlled, date of application, time, name of applicator, and method of application. FIRE ANT CONTROL: Maintenance personnel will treat individual mounds with appropriate material during regular mowing cycles. The remainder of this page is intentionally left blank. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 19 MEDJOOL PALMS ANNUAL PESTICIDE/FERTILIZATION SCHEDULE January February March Aril Inspect terminal bud Fertilize with 15 -0- Root drench with for signs of insects 15 w/ minors (8-10 Subdue. Ibs) Drench bud with Inspect terminal bud orthene if evidence Root drench with for signs of insects of a nest is Clearys 3366 & discovered Chipco Aliette. Drench bud with Thoroughly drench. orthene if evidence of a nest is Perform any lower discovered frond pruning. May June July August Remove emerging Fertilize with 15 -0- Root drench with Inspect terminal bud seed /date stalks 15 w/ minors (8 -10 Subdue for signs of insects Ibs) Submit soil and root Drench bud with Root drench with sample to orthene if evidence Clearys 3366 & agricultural lab. Test of a nest is Chipco Aliette. for N,P,K, pH, discovered Thoroughly drench minors and disease September October November December Fertilize with 15 -0- Root drench with Inspect terminal bud Fertilize with 15 -0- 15 w/ minors (34 Subdue for signs of insects 15 w/ minors 3 -4 Ibs) Ibs) Drench bud with Root drench with orthene if evidence Root drench with Clearys 3366 & of a nest is Clearys 3366 & Chipco Aliette. discovered Chipco Aliette. Thoroughly drench Thoroughly drench ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 20 IRRIGATION SYSTEM SERVICE REQUIREMENTS: Bidder is to check the areas prior to mowing. Any heads remaining in an extended position are to be reset to avoid damage. Time and material costs incurred for damaged heads will be at the expense of the Bidder. Any damage to the irrigation systems, including but not limited to the following: • missing or inoperable heads, • damaged controls or pumps, • missing valve box lids, or • damaged valves are to be reported to the City's representative for repairs to be scheduled. ARCHITECTURAL LANDSCAPE ELEMENTS: Filament type trimmers will be permitted for use to trim around the base of such fixed structures as cable, telephone and transformer boxes, drainage basins, and concrete poles. Items such as wooden ground signs and architectural entrance features shall be trimmed in such a manner so as to eliminate any damage to paint and structural features. GENERAL CLEAN -UP: The Bidder shall be responsible to inspect the areas for paper, debris, and trash during routine maintenance. Sod and landscape beds are to be inspected and cleared of all paper, debris, and trash prior to every mowing. INVOICING: The Bidder shall submit a monthly invoice on the first business day of each month, itemizing ALL maintenance items performed during the previous month. a. A schedule of all maintenance to be performed the following month shall be submitted with the invoice. The schedule will include dates, times, personnel utilized, and locations of the schedule anticipated work in the forthcoming month. b. The City's representative must be notified within five (5) working days (i.e., excluding weekends and City Holidays) prior to a change in scheduling to allow staff to inspect sites for scheduled maintenance. c. The Bidder will be provided a list of dates for check disbursements as established by the City's Finance Department. Payments will be made according to established State and City policies. INSPECTION: a. The City will inspect sites at the completion of each mowing cycle, and notify the Bidder of conditions. If any are found to be non - compliant with the conditions and specifications outlined in this contract, formal notice of correction will be given. b. The City shall not be invoiced for any work expense related to non - compliant items found according to the conditions or specifications outlined in the contract. c. Work deemed incomplete will not be reimbursed by the City, and will be at the Bidder's expense. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 21 a OVER PLANT /MATERIAL COUNT Lantana 1 qallon 1,617 Lino e 1 gallon 2,053 Society garlic 1 gallon 677 S artina 3 allon 1,437 Thry, llis 3 gallon 856 Wax jasmine 3 gallon 1,559 Dwarf Fakahatchee 3 gallon 454 Fakahatchee 3 gallon 3,358 Coco plum red tip 3 qallon 594 Sea Grape 3 uallon 672 Bougainvillea 3 gallon 891 Ilex shilling 3 gallon 145 Saw palmetto 7 gallon 558 Blue Stem Palmetto 7 gallon 272 Canna lily, yellow 7 gallon 238 Crinum lily 7 gallon 51 Jamaican caper 7 gallon 135 Sao Palm 7 gallon 3 Ko sia 7 gallon 27 Bald cypress 15 gallon 75 Slash pine 15 gallon 202 Cassia fistula 30 gallon 27 Live Oak 30 gallon 55 Live Oak B&B 40 Cattley guava 30 gallon 27 Red maple 30 gallon 11 Royal Poinciana 30 gallon 3 Washin tonic 9 -15' CT 102 Sabal 9 -24' CT 77 Florida Royal 24 -33' OA 73 Paurotis varying 27 Phoenix dac lifers - Med'ool 12' CT 6 Eucalyptus mulch, shredded 12,384 cu d Bahia, hydro seeded 117,811 s . ft Bahia, sodded 402,833 s . ft. Floratam, sodded 855,937 s . ft. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 22 IRRIGATION SYSTEM MATERIAL COUNT Class 200 pipe for lateral line piping 3/4 inch 19,934 feet 1 1/4 inch 14,435 feet 1 1/2 inch 9,544 feet 2 inch 7,730 feet 3 inch 4,321 feet 4 inch 14,104 feet 6 inch 410 feet Flex pipe 4,6 9 feet Sprinkler heads Hunter 1 -60 rotor 182 Hunter PGM rotor 177 Hunter 1 -20 rotor 324 Toro 570 Z 12 inch pop up 550 6 inch pop up 2,029 Hardie Electric Valves 1.5 inch 2 2 inch 77 Brooks valve box 10 inch diameter 51 17 inch diameter 86 Rainbird Controller ESP -12LXT 5 Rainbird Controller ESP -16LXT 1 pump 25 HP 2 -Centrifugal Gate valves (1 per valve, 1 per cluster 1.5 inch 1 2 inch 48 3 inch 3 4 inch 9 6 inch 2 ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 23 BID FORM Based on a complete understanding of the maintenance specifications, I (We), hereby propose to perform PGA Flyover Landscape Maintenance Services for the following unit prices. Unit prices are fixed until the end of the first term. TASK FEE ANNUAL TOTAL I. TURFGRASS Mowing (based on 32 cuts minimum), $ / mo. x 12 = $ edging, and weed control II. SHRUBS AND GROUNDCOVERS Pruning and weed control $ / mo. x 12 = $ III. TREES AND PALMS $ /mo. x12= $ IV. MULCH $ /appl. x2= $ V. FERTILIZATION A. Sod (Three (3) applications) $ / appl. x 3 = $ B. Trees, Shrubs, and Groundcovers $ / appl. x 3 = $ C. Palms $ / appl. x 2 = $ VI. PESTICIDES A. Turfgrass Areas $ / mo. x 12= $ B. Fire Ant Control $ / mo. x 12 = $ VII. MEDJOOL DATE PALMS A. Fertilization $ / appl. x 4 = $ B. Pesticides C. Soil and root sample VIII. GENERAL CLEANUP $ / appl. x 9 = $ $ x1 = $ $ / mo. x12= $ IX. IRRIGATION SYSTEM (2 x month inspection/ repair services — labor $ / mo. x 12 = only) ANNUALTOTAL ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 24 X. ADDITIONAL IRRIGATION SERVICES (As needed and non - recurring services invoiced at the following rates) A. Normal call out service (Monday — Friday, 8 — 5, Non Holiday) B. Outside normal call -out service C. Supplies/ materials invoiced at Bidder's cost* + % markup ' City has the right to audit Invoicing with prior notice. XI. ADDITION/ REDUCTION IN SERVICES Unit price for additional areas or reduction of areas as requested by the City A. Turfgrass (including all items below): 1. Mowing (based on 32 cuts) 2. Edging (as directed by City representative) 3. Pruning and weeding 4. General Cleanup B. Weed Control (Sod) C. Mulch 1. Cypress shredded hr. $ / hr. $ / sq ft. $ sq ft. $ / sq ft. 2. Pine Straw $ / bail D. Fertilization 1. Sod (15 -5 -15 @ 3 applications per year) $ 11,000 sq ft. 2. Shrubs & Groundcovers (10 -10 -10 @ 3 applications per yr) $ 11,000 sq ft. 3. Trees & Palm Trees (per tree) E. Pesticides 1. Turfgrass Areas 2. Fire Ant Control F. Labor Costs 1. Supervisor 2. Laborer G. Equipment 1. Chainsaw (Stihl model 026 or equivalent) 2. Chipper ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 25 $ / per application Fj sq ft. $ sq ft. hour $ / hour $ / hour $ / hour 3. Dump Body Truck 4. Pick -up Truck 5. Bucket Truck 6. Bobcat 7. Front End Loader hour $ / hour u hour $ / hour $ / hour 8. Traffic Control Signs $ / day Attach a separate sheet of additional equipment with hourly rates of any other equipment than those listed above if desired. H. Hauling (Includes driver and vehicle) $ / c. yd. �►bpltlON;AI� ���'� � ,'� TURFGRASS TASK FEE ANNUAL TOTAL Mowing Additional nine (9) cuts, edging, and $ / mo. x 12 = $ weed control for a total of 41 cuts annually (32 +9 =41) Complete this section ONLY If addenda were added I hereby acknowledge receipt of addenda to this Bid package. Dated , 20 Typed Name has been licensed for (Entlty Name) years. (Insert #) 's business location and equipment yard is located at (Entity Name) (Insert Address) ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 26 This is my complete Bid Proposal submitted for review to the City. Dated this day of , (Month) (Year) By: (Signature) Address: (Print name) Telephone: Fax: ( ) Email: Social Security Number (OR) Taxpayer Identification Number (TIN): By: / (Signature) (Print name) Address: Telephone: (_� Fax: ( ) Email: Taxpayer Identification Number (TIN /EIN): State Under Which Corporation Was Chartered: Corporate President: Corporate Secretary: Corporate Treasurer: [CORPORATE SEAL] Attest By: Secretary (Print Name) (Print Name) (Print Name) ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 27 REFERENCE / EMERGENCY CONTACT FORM First Reference: Government agency information for current/previous contract with no less than three (3) successful years of past performance as described on page 6, Section 14 Agency: Address: Contact Name: Title: Phone: Email: Contract Dates: Description or Work: Second Reference Company Name: Address: Contact Name: Title: Phone: Email: Contract Dates: Description of Work: Beginning: Ending: Beginning: Ending: Third Reference Company Name: Address: Contact Name: Title: Phone: Email: Contract Dates: Description of Work: Beginning: Ending: ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 28 BID SUBMISSION STATEMENT I, am the duly authorized representative of , hereby declares that I have carefully, and to my satisfaction, examined the attached General Terms and Conditions and Technical Specifications, and have submitted this Bid to the City of Palm Beach Gardens for PGA Flyover Landscape Maintenance Services on behalf of the above referenced company. Further, I hereby agree to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work. The undersigned confirms that we meet the Minimum Qualifications of this Invitation to Bid, as stated on page 6, Section 14. We agree to honor this Bid if awarded the Contract and further agree that if we are selected as a secondary Bidder, we will assume the contract at the prices set forth herein for the remainder of the term of the Contract previously awarded. The undersigned hereby declares that subject to provisions of the State Statutes and Local Ordinances, there is no officer, director or agent who owns, directly or indirectly, an interest of ten (10 %) or more in Bidder's firm or any of its branches, who is also an employee of the City. The undersigned agrees to execute a Contract with the City of Palm Beach Gardens within thirty (30) days after the date on which notice of intent to award has been given in accordance with substantially the same terms stated in the Model Agreement. A proof of $N /A Security /Performance Bond will be provided if undersigned is awarded Bid. The undersigned hereby designates as his /her office address to which notices may be delivered or mailed. Agreed to this day of '20—. Signature Business Address Phone Number Typed Name City, State and Zip Code Fax Number ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 29 DRUG FREE WORKPLACE is a drug free workplace, and has Company Name a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. Acknowledged by: Authorized Signature Company FEI Number: Address: Date ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 30 BIDDER'S CHECKLIST In order for Bids to be considered, the following items MUST be submitted: BIDDERS FAILING TO SUBMIT ALL REQUIRED ITEMS MAYBE CONSIDERED NON - RESPONSIVE. Bid Response Items: ❑ One (1) original COMPLETE packet signed, two (2) hardcopies, and one (1) electronic copy on CD in PDF format ❑ Bid Form ❑ Proof of Minimum Qualifications (refer to page 6, Section 14) ❑ Reference /Emergency Contact Form (3 references required) ❑ Notification of Public Entity Crimes Law ❑ Bid Submission Statement ❑ Certificates, Licenses, and Permits ❑ Drug Free Workplace Form ❑ Equipment list ❑ Bid MUST be sealed ❑ Bid Title MUST be marked on the outside of the envelope along with Response Due Date and Time. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 31 MODEL AGREEMENT BETWEEN CITY OF PALM BEACH GARDENS AND This Agreement, entered into this _ day of 20_, effective immediately, by and between with offices located in County, at , hereinafter referred to as "Vendor", and City of Palm Beach Gardens, a municipal corporation, with offices located at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, hereinafter referred to as "City_. WITNESSETH City and Vendor, in consideration of the mutual covenants contai and o good and valuable consideration, the receipt and value of which is hereby acknowle y bot ies, hereby agree as follows: 1. City and Vendor both hereby agree to ente an agree erW for PGA Flyover Landscape Maintenance Services for th P each ens. This agreement will commence on the effective date w ' a 2. All the terms and conditions of t greeme shall terms and conditions as specifically set forth in the Bid for City aim Bead Garden's Contract for PGA Flyover Landscape Maintena Se neral Terms and Conditions and Technical Specifications (the "Bid ") atta ere incorporated herein as Exhibit "A" and the Vendor's fully executed Bid Pr orm itted to the City and attached hereto and incorporated herein as Exhibit " art ereby agree and acknowledge that this two (2) page agre ogeth t id documents (Exhibits "A" and "B ") and all insurance documen the y, t fully executed Public Entities Crime Affidavit and any other mate re nder the Bid documents, attached hereto and incorporate,dAWrein as Ex "C ", constitute the entire agreement. 3. Notice as the a ent documents shall be sufficient when sent by certified mail or han liv e p s at the following addresses: C' Vendor aim B h Gardens ttn: R Fe , City Manager 105 ry it each rdens, Florida 33410 4. Ve perform all work required in accordance with the Bid Specifications for an amo of to exceed and is hereby authorized to commence this project. 5. Vendor agrees to complete all work in accordance with the approved written schedule of proposed work submitted as part of the requirements as set forth in the "Technical Specifications" of the Bid. 6. The term of this Agreement is for a five (5) year term, effective October 1, 2010 through September 30, 2015. The Agreement may be extended or renewed under the same terms and conditions unless modifications to the terms and conditions are approved by both parties and attached hereto as an addendum to this Agreement. ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 32 7. This two (2) page agreement, along with all other documents referred to in paragraph two (2) above, constitute the entire agreement between the parties; no modification shall be made to this agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day of , 2010. ATTEST: By: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: R. Max Lohman, City WITNES By: M Print Name: CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 33 '►' - r'.,����.a s° �. }}f �� �tt '� -i .� � r;�f S s 'R^�'F �4 = i�.�+, a.. ''IAiI �' ""Si�? - ` -^t LU viF�Ikrin ��:' F F '� it 1. 11• 1 Ig 08 30018 IMOIN IN ..+�. 4 r'a l• I "�.aA'�tt,`3,�5 '? ! +[_si.,q -,at ;j 1; b3l 13 li oil] :art a.% �• �� L f- � i v � , W'1 ; w S Av _:rte EXHIBIT "B" 1 BID F V FORM py Based on a complete understanding of the maintenance specifications, I (We), hereby propose to perform PGA Flyover Landscape Maintenance Services for the following unit prices. Unit prices are fixed until the end of the first term. PRIMARY BID ITEMS TASK FEE ANNUALTOTAL I. TURFGRASS Mowing (based on 32 cuts minimum), $ I YD / mo. x 12 = $_ edging, and weed control II. SHRUBS AND GROUNDCOVERS Pruning and weed control $ lAiL / mo. x 12 = $ III. TREES AND PALMS IV. MULCH V. FERTILIZATION A. Sod (Three (3) applications) B. Trees, Shrubs, and Groundcovers C. Palms VI. PESTICIDES A. Turfgrass Areas B. Fire Ant Control VII. MEDJOOL DATE PALMS A. Fertilization B. Pesticides C. Soil and root sample VIII. GENERAL CLEANUP $ j *—I /mo. x12= $ %mod $ appl. XX= i $ $ 1,N 4 / appl. x 3 = $ I =A-;'C' . $ /'Ut / appl. x3= $ A'4 $ 0- / appl. x2= $ &e-1 $ In'�' /mo.x12= $ $ mo. x12= $ /xC $ °C: / appl. x 4 = $ $ 1rjc / appl. x9= $ /ye, $ / Ili 6 $ 1 A., x1 = $ / aye. /mo. x12= $ ;L;e IX. IRRIGATION SYSTEM �month inspection/ repair services - labor / mo. x 12 = $ Lj only) ,1 Ci ANNUAL TOTAL $ ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services w r X. ADDITIONAL IRRIGATION SERVICES (As needed and non - recurring services invoiced at the following rates) A. Normal call out service (Monday — Friday, 8 — 5, Non Holiday) B. Outside normal call -out service C. Supplies/ materials invoiced at Bidder's cost* + % markup * City has the right to audit invoicing with prior notice. XI. ADDITION/ REDUCTION IN SERVICES Unit price for additional areas or reduction of areas as requested by the City A. Turfgrass (including all items below): 1. Mowing (based on 32 cuts) 2. Edging (as directed by City representative) 3. Pruning and weeding 4. ' General Cleanup B. Weed Control (Sod) C. Mulch 1. Cypress shredded $ 604sa_ /hr. CsSV !'L, uS 1,5 hr. sq ft. sq ft. sq ft. 2. Pine Straw $ c' / bail D. Fertilization 1. Sod (15 -5 -15 @ 3 applications per year) $ , cey r / 1,000 sq ft. 2. Shrubs & Groundcovers (10 -10 -10 @ 3 applications per yr) $ CU o / 1,000 sq ft. 3. Trees & Palm Trees (per tree) E. Pesticides 1. Turfgrass Areas 2. Fire Ant Control F. Labor Costs 1. Supervisor 2. Laborer G. Equipment 1. Chainsaw (Stihl model 026 or equivalent) 2. Chipper ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services $ .,W q., I per application $ Q. cJ i / sq ft. sq ft. $ 1 $ , `, / hour $ 3 1c / hour $ .5� z. / hour $ LJo 6 I hour i 3. Dump Body Truck 4. Pick -up Truck 5. Bucket Truck 6. Bobcat 7. Front End Loader 8. Traffic Control Signs $ '�p / hour $� / hour $ L- 6 ..cL' _ /hour $ '1016, / hour $ kl O at, / hour $ -70 z-' / day Attach a separate sheet of additional equipment with hourly rates of any other equipment than those listed above if desired. H. Hauling (Includes driver and vehicle) ADDITIONAL ALTERNATE BIDS TURFGRASS $ /,R c. yd. TASK FEE ANNUALTOTAL Mowing V Additional nine (9) cuts, edging, and $ � ! mo. x 12 = $ �i, I weed control for a total of 41 cuts annually (32 +9 =41) Complete this section ONLY if addenda were added I hereby acknowledge receipt of / addenda to this Bid package. Dated _fiT %� ` , 20 >� WA Typed Name 1 airrL OUt ► xs7F JA Aje ' At_ae-j -suc s. _T� c has been licensed for ti0"W_� (Entity Name) Insert #) years. 7-Q ;f t- /`YtAi � ����t �" Ac,iv4 6ue__5 ,rs business location and equipment yard is located at (Entity Name) -4 2 ® e Nom' a - (Insert Address) to , ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services ." . This is my complete Bid Proposal submitted for review to the City. Dated this to day of Av ,s k , _2 w i u Month) (Year) INDIVIDUAL, FIRM, gORIGRATIO )LIMITED LIABILITY, PARTNERSHIP OR OTHER FORM OF ENTITY By: l D AeW ignature) (Print name) Address: b 00 r=s u w,,v -vi Telephone:( SCI ) 3y � - I- ?-L/I/ Fax:( -ili y - I/ _74 o Email: tr n'" M G.-Z, W A.v #- . 0-0 W Social Security Number (OR) Taxpayer Identification Number (TIN):Sy- CORPORATIQ 3 By: (Signature) ,Vg name) Address: Telephone: ( ) Email: Taxpayer Identification Numt)ef(TIN /EIN): Fax: ( ) State Under Which Corporation Was Chartered: Wit- O (LX +D h Corporate President: t✓ o W try -ar��� (Print Name) Corporate Secretary: A- cam. t3ew -%Xk (Print Name) Corporate Treasurer: rc= e 5 Ae (Print Name) SEAL AttestEjjL Secretary ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services 9 BID SUBMISSION STATEMENT r / 4L6/.A*ii4- am the duly authorized representative of 71P „mot, JJjL% # -r, X0,04 - , hereby declares that I have carefully, and to my satisfaction, examined the attached General Terms and Conditions and Technical Specifications, and have submitted this Bid to the City of Palm Beach Gardens for PGA Flyover Lampe tMaintenamm Services on behalf of the above referenced company. Further, I hereby agree to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work_ The undersigned confirms that we meet the Minimum Qualifications of this Invitation to Bid, as stated on page 6, Section 14. We agree to honor this Bid if awarded the Contract and further agree that if we are selected as a secondary Bidder, we will assume the contract at the prices set forth herein for the remainder of the term of the Contract previously awarded. The undersigned hereby declares that subject to provisions of the State Statutes and Local Ordinances, there is no officer, director or agent who owns, directly or indirectly, an interest of ten (10%) or more in Bidder's firm or any of its branches, who is also an employee of the City. The undersigned agrees to execute a Contract with the City of Palm Beach Gardens within thirty (30) days after the date on which notice of intent to award has been given in accordance with substantiaNy the same terms stated in the Model Agreement. A proof of $N/A Security/Performance Bond will be provided if undersigned is awarded Bid_ The undersigned hereby designates #0 o. &X 31!9.b..2 P $K. r-L as his/her office address to which notices may be delivered or mailed. Agreed to this 7day of AD -A UJ 1 , 20! a nature Typed Name 6yo �osyw�.fH. �• �Aa 7L 33V b "/ Business Address City, State and Zip Code - 561 gr94 .1 7y`1 .57/ Gay 'tUO Phone Number Fax Number ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services CITY OF PALM BEACH GARDENS ADDENDUM #1 INVITATION TO BID NO. 2010-005 PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES The following information adds to, deletes, modifies, or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain In full force and effect and shall be binding upon the proposers as If contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for the proper execution, coordination, and completion of all work directly or indirectly affected by this Addendum. 1. Page 4, Section 14. Qualification of Bidders, item c. is hereby deleted. Section 14 is amended to read: 14. QUALIFICATION OF BIDDERS This Bid shall be awarded only to a responsible Bidder qualified to provide the product and /or service specified. All Bidders must meet the following minimum qualifications, and include proof of such qualifications in his /her Bid: a. Licensed with a minimum of five (5) years' experience providing similar services as those described in this invitation to bid; b. Has satisfactorily provided similar services within the last five (5) years, as described in this invitation to bid, to a governmental agency for no less than 30 acres of irrigated landscaping similar to the project site for a period of no less than three (3) years. G. Business leeation and equipment yaFd must be le-A-ated- within a ten (10) mile Fadius ef Gity . 2. Page 13, General Specifications / Landscaping, second paragraph is amended to read: The Bidder may be requested to perform emergency work durft at any time, including evening eF and weekend hours. The Bidder will be required to respond to these emergency work requests within six (6) hours upon notification. 3. The following answers are official responses to questions recently submitted to the City of Palm Beach Gardens: A) What is the budget? $246,000.00 B) Is there a Bond required for this Bid? Per section 17. INSURANCE AND BOND REQUIREMENTS, no bond is required. Signature of Bidder below ackn?Aladges receipt of this Addendum. This document is to be attached to the front of your bid submission packa r p �u Signature D to Adden um 1 — PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES BID NO. 2010 -005 Page 1 # CITY OF PALM BEACH GARDENS ADDENDUM NO.2 INVITATION TO BID NO. 2010-005 PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES The following information adds to, deletes, modifies, or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain in full force and effect and shall be binding upon the proposers as If contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for the proper execution, coordination, and completion of all work directly or indirectly affected by this Addendum. 1. The July 21, 2010, 10:00 AM, Mandatory Pre -Bid Meeting Presentation and Sign -In Sheets are attached. The following answers are official responses to questions from the Pre -Bid meeting. A) What are the City's standards in regards to the Bougainvillea beds? The successful bidder will be required to trim the Bougainvillea beds four (4) times per year. B) The bid sheet details application of mulch twice annually and the presentation reflects once annually. Please clarify. Standard schedule for mulch application will be once annually: Begin October 1 - Complete by mid November (prior to Thanksgiving) Section IV, on page 24 of the Bid Form is hereby amended to read: IV. MULCH $ / appl. x -2 1 = $ C) The bid requires one monthly irrigation inspection. However, if there is an irrigation break between inspections, does the 6 -hour response time apply and who notifies the vendor? The vendor is required to respond in person for any reason within six (6) hours upon notification by any City employee. 2. Section IX, on page 24 of the Bid Form is hereby amended to read: IX. IRRIGATION SYSTEM (21 x month inspection/ repair services — $ / mo. x 12 = $ labor only) Please replace page 24 of the Bid Form with the attached revised page. 3. Exhibit A — PGA Blvd. Site Map is hereby amended as attached. Signature of Bidder below acknowledges receipt of this Addendum. This document is to be attached to the front of your bid submission package. Signature &0h0 Date Addendum 1 — PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES BID NO. 2010-005 Page 1 CITY OF PALM BEACH GARDENS ADDENDUM NO.3 INVITATION TO BID NO. 2010-005 PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES The following information adds to, deletes, modifies, or otherwise alters portions of the provisions and requirements of the Contract Documents. Any and all portions of the Contract Documents not altered or affected by the Addendum shall remain In full force and effect and shall be binding upon the proposers as If contained herein. This Addendum shall become a part of the Contract Documents. Proposers are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Proposer's sole responsibility to include all items necessary for the proper execution, coordination, and completion of all work directly or indirectly affected by this Addendum. 1. The following answers are official responses to questions from the Pre -Bid meeting: A) Will you please provide the number of irrigation zones? There are 72 irrigation zones within the project site. B) The bid states that MOT standards must be followed. If that is the case, then that would require the contractor to hold intermediate certification for MOT from FDOT and would thus be a prequalification to bid the project, and provide the City of Palm Beach Gardens proof of current FDOT - MOT certification. Is that correct? Bidders are NOT required to be certified by FDOT in maintenance of traffic. The Bidder awarded this contract must conform to FDOT's standards as stated on page 12 of the Invitation to Bid: "Maintenance of traffic must conform to the current edition of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, the Standard Specifications for Road and Bridge Construction and the Manuals on Uniform Traffic Control Devices, as a minimum criteria..." Signature of Bidder below acknowledges receipt of this Addendum. This document is to be attached to the front of your bid submission pagkage. '// Signature X`yhd Da T Addendum 3 — PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES BID NO. 2010-005 Page 1 # EXHIBIT "C" M I f&CAW 'i v." r NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133„ Florida Statutes (2009), you are hereby notified that a person or affiliate who has been pkwed on the convicted Bidder list following a conviction for a public entity crime may not submit a Bid an a contract to provide any goods or services to a public entity, may not submit a Bid on a conbact with a pubic entity for the construction or repair of a public building or public work, may not subntit Bids an leases or real property to a public entity, may not be awarded or perform work as a Bidder, suppler, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 (F.S_] for CATEGORY Two [525,000.00] for a period of 36 months from the date of being placed on the convkAed Bidder Gst. Acknowledged by: 307 U, t 16-- p dA.,A OZ 40 �! IA4"ASTN �i�f'✓d'��f Name and Tide (Prit or Type) 0 DRUG FREE WORKPLACE '-V j-/ rti,�a ■ *• yr �� F, S u� s is a drug free workplace, and has CmqwWName a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes. AduwwrYedW by_ Signature Company FEi Number &-'9- -- b 4 aL - 15­90 Address: I / 5'6 Q u ,&S.s V 0'" 1i IL < ; - w C. 6 mac. 'R3y0 ITB No. 2010 -005 PGA Flyover Landscape Maintenance Services REFERENCE / EMERGENCY CONTACT FORM First Referenae: Government agency information for current/previous contract with no less than three (3) sued years of past performance as described on page 6, Section 14 Agency: L iry ar= f A c„ a,. i tF.% &M 444 dg os Address: • r. � s r ' ,.� �. AAJJI AD A-ek e�S 17 a as ' Aj 6.4- N' / OVv rs w,. C 09A 4 Ce i • • Ending: Company Name: Address: Contact Name: Title: Phone: Email: Contract Dates: j'OILt, 4F n;A N iZts OPE- n^--r a ckr S w� k, Beginning: p i s a .1 Ending: QL 6 1 1 Description of Work P, a czu C3a Ld- 04 ey t1,A1 Lcs Third Reference Company Name: Address: Contact Name: Title: Phone: Email: Contract Dates: JeA u r1Y a gK L- k 63;-j 2 $ -� Aj0 TH-r -O .sz.# d 2 Y 7-?_3Q Beginning: Q a d 3 Ending: �V 6 r Y Description of Work I" "3 / / [- ..r,- ip,->: C.-t-Y Emergency Contact Name: CjO &aA" rZd Phone Number: Business Hours: (-,(&) 3o i After Hours: (L4&) ,3O/ Email: (;W TM.O3 s & d:a L . cnt4-- ffB No_ 20104)05 PGA Flyover Landscape Maintenance Services +f+NGUm��o+u � nu�un � LOGG'FigL 1 F�J`aJ x�y �J7(7C5i6L �.��: 3 M BP.IOL-A 'P"9 wivd WOM • WON Wald 4184 3M 99 allr w Q N n t a W �zW � x' a(5 o M �x cc us Uj CL CO) 0 J w to 0 o. N M N 1 N o N et 1"x (A K 4 0 �Mt:d caw Q z W mewessumm ]men -8 a 81 0"��"� iW J 3 O Z O+ O O O O M J .� J �O CPL h- o ig 06 � O oa � M a $ WIL J lit Jd .* Ln A M O Cb 0 D d W W W J M > } m w S v Zd z a cK I- 40 I- a i1 O a s+ N M w � ss 1 N • w� @ H W �zW � x' a(5 o M �x cc us Uj CL CO) 0 J w to 0 o. N M N 1 N o N et 1"x (A K 4 0 �Mt:d caw Q z W mewessumm ]men -8 a 81 0"��"� iW J 3 O Z O+ O O O O M J .� J �O CPL h- o ig 06 � O oa � M a $ WIL J lit Jd .* Ln A M O Cb 0 D d W W W J M > } m w S v Zd z a cK I- 40 I- Anne M. Gannon, Tax Collector P.O. Box 3715 West Palm Beach, FL 33402 -3715 www.taxcollectorpbe.com Tel:(561)355 -2272 TOTAL MAINTENANCE BLDG GALBRAITH FRANCIS PO BOX 31962 Account Number: WEST PALM BCH FL 33420 -1962 Dear Business Owner: 2000 -02544 This is your new local business tax receipt. Please keep the upper portion for your records and detach the bottom of this form. Verfiy the information and display it conspicuously at your place of business, open to the view of the public. This receipt is in addition to and not in lieu of any license required by law or municipal ordinance and is subject to regulations of zoning, health, and any other lawful authority (County Ordinance Number 72 -7). Receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt Is surrendered and a transfer fee is paid. Receipts may be- transferred to a new location when proof of zoning approval is provided; the original receipt is surrendered and a transfer fee is paid. Business name changes require a new receipt. This receipt expires onSeptember 30, 2010 Renewal notices are mailed at the end of June. If you do not receive the notice by the end of July, please let us know. I hope you have a successful year. Tax Collect& * * * ** DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORTION FOR YOUR RECORDS * * * ** 2000,02 44 SrTA, '4�'QF > : i,If�A OS -042 CLASSIFICATION EXPIRES: Ptt'F 081"0A 3`0 2010 TOTAL MAINTENANCE BLDG "" LOCATED AT CNTY $236.25 SERVICES INC GALBRAITH FRANCIS 10357 IRONWOOD ROAD PALM BEACH GARDENS FL 33410 TOTAL $236.25 This receipt is hereby valld,for the above address for the period beginning on the first day of October and ending on the thirtieth day THIS 1S NOT A BILL.- DO NOT PAY of Septembet to engage In the business,profession or occupation of: LAWN & LANDSCAPE MAINT PAID. PBC TAX COLLECTOR $236.25 BTR 055 01948682 09/2912009 ANNE M. GANNON THIS DOCUMENT IS VALID ONLY WHEN TAX COLLECTOR, PALM BEACH COUNTY RECEIPTED BY TAX COLLECTOR CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 30, 2010 Resolution 47, 2010 Ordinance 23, 2010 Subject/Agenda Item: Public Hearing for the adoption of Resolution 47, 2010, setting the final millage rate for fiscal year 2010/2011 and second Reading of Ordinance 23, 2010 adopting the Fiscal Year 2010/2011 Budget. [X] Recommendation to APPROVE [ ] Recommendation to DENY Revi b Originating Dept.: Costs: $ Council Action: (Total) ity A'06fney 141�0 [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Finance Administrator Funding Source: [ ]Continued to: Advertised: 1"f Date: September 25, [ ] Operating Attachments: k6^ //tj 2010 Paper: Palm Beach [ ]Other Ordinance 23, 2010 Post Resolution 47, 2010 [ ] Not Required Submitted by: At -/0 W Department Director Affected parties ]Notified Budget Acct. #: App ro d by: [ ] Not required City Manag r Meeting Date: September 30, 2010 Resolution 47, 2010 Ordinance 23, 2010 BACKGROUND: This is the second of two required public hearings on the proposed budget for fiscal year 2010/2011. Total for all funds is $106,119,427. The proposed budget was approved on first reading by a vote of 3 to 1. The proposed operating millage is 5.83 and debt millage rate is .1854 for a total proposed millage of 6.0154. This represents an increase of 8.2% from the current year operating rate of 5.39, but is 3.294% below the roll -back rate of 6.0286. STAFF RECOMMENDATION: o Staff recommends Council make the following announcement, "The City of Palm Beach Gardens is proposing to adopt a final millage rate of 6.0154 mills, which includes a debt service millage rate of .1854 and an operating millage rate of 5.83, which is less than the rolled -back rate of 6.0286 by 3.294 %." o Staff recommends a motion to approve Resolution 47, 2010, setting the final millage rate for fiscal year 2010/2011 at 6.0154. o Staff recommends a motion to approve Ordinance 23, 2010 on second reading, adopting a budget for Fiscal Year 2010/2011. 1 RESOLUTION 47, 2010 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 4 BEACH GARDENS, FLORIDA ADOPTING A TAX LEVY AND 5 MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR 6 THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND 7 ENDING SEPTEMBER 30, 2011; DIRECTING THE CITY CLERK TO 8 FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE 9 PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE 10 (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE 11 DATE; AND FOR OTHER PURPOSES. 12 13 WHEREAS, at a duly advertised public hearing held on September 16, 2010, the 14 City Council of the City of Palm Beach Gardens tentatively adopted a millage rate of 15 6.0154 per $1,000.00; and 16 17 WHEREAS, said millage rate includes an operating millage rate of 5.83 and a 18 debt millage rate of .1854; and 19 20 WHEREAS, on September 30, 2010, the City Council of the City of Palm Beach 21 Gardens held a public hearing in accordance with Section 200.065, Florida Statutes, to 22 adopt the final millage rate for Fiscal Year 2010/2011; and 23 24 WHEREAS, the value of real property not exempt from taxation within the City of 25 Palm Beach Gardens, Florida has been certified by the County Property Appraiser to 26 the City Council as $7.900 Billion; and 27 28 WHEREAS, the City Council deems approval of this Resolution to be in the best 29 interests of the health, safety, and welfare of the residents and citizens of the City of 30 Palm Beach Gardens and the public at large. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF PALM BEACH GARDENS, FLORIDA that: 34 35 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 36 37 SECTION 2. The Fiscal Year 2010/2011 millage rate is 6.0154 mills, which 38 includes a debt millage rate of .1854 and an operating millage rate of 5.83, which is less 39 than the rolled -back rate of 6.0286 by 3.294 %. 40 41 SECTION 3. The City Clerk is hereby directed to forward a certified copy of this 42 Resolution to the Palm Beach County Property Appraiser and Tax Collector within three 43 (3) days after its adoption. 44 45 SECTION 4. This Resolution shall become effective immediately upon adoption. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 47, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: MN Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN CITY OF PALM BEACH GARDENS, FLORIDA ma David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010\Resolution 47 2010 millage adoption FY10- 11.docx 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE 23, 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, at a duly advertised public hearing held on September 16, 2010, the City Council tentatively adopted a budget for Fiscal Year 2010/2011; and WHEREAS, at a duly advertised public hearing held on September 30, 2010, the City Council determined that the tentative budget, as finalized by the City Council, will meet the needs and requirements of the City of Palm Beach Gardens and its residents for Fiscal Year 2010/2011; and WHEREAS, the City Council deems approval of this Ordinance to be in the best interests of the health, safety, and welfare of the residents and citizens of the City of Palm Beach Gardens and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The proposed budget is hereby approved and adopted by the City Council as and for the budget of the City of Palm Beach Gardens for the fiscal year commencing October 1, 2010, and ending September 30, 2011. SECTION 3. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECTION 4. Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 5. This Ordinance shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 23, 2010 PASSED this _XT day of `SWrem6&K , 2010, upon first reading. PASSED AND ADOPTED this day of 2010, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: An Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney G:\attorney _share \ORDINANCES\2010 \Ordinance 23 2010 -budget adoption 2010- 2011.docx 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 30, 2010 LDRA- 10 -03- 000029 Ordinance 21, 2010 SUBJECT /AGENDA ITEM Ordinance 21, 2010: Land Development Regulation amendments to Division 7. Signs. Second Reading and Adoption: A City- initiated amendment to the City's Land Development Regulations ( "LDRs ") regarding the purpose and intent, permitted signs, prohibited signs, other related issues, and certain definitions. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: CITY COUNCIL: Planning and Zoning: [ ] Approval Cit o Resource Manager: Finance [ ] Approval with Administrator: Conditions [ ] Denial R. axjVohman, Esq. Allyson Black N/A [ ] Continued to: Allan Owens Development Compliance: 01 �� '4' Martin Schneider, AICP Planner Accountant: Bahareh K. Wolfs, AICP [ ] Quasi — Judicial Director of tanning and [X ] Legislative N/A Zoning: [X] Public Hearing Sarah Varga Fees Paid: [N /A] Advertised: Date: Sept. 15, 2010 Paper: Palm Beach Attachments: ❖Ordinance 21, 2010 Na lie Wong, AICP Approved By: Post Budget Acct. #: City Ma r Re [X] Required N/A ] Not Required Affected Parties: Ronald . FgAs [ ] Notified [ X ] Not Required Page 2 of 43 Ordinance 21, 2010 BACKGROUND The subject petition is comprised of various amendments to the City's sign code (Division 7. Signs). The City's sign regulations were last updated in 2000 as part of the rewrite to the entire Land Development Regulations. At several City Council meetings, City Council has mentioned the need to revisit the sign regulations and requested staff research sign issues. Staff has also received general comments from the business community and residents regarding signage regulations. In addition, staff has had a number of internal discussions on Sign Code issues, including review meetings with various personnel of other departments to see how the Code could be updated and improved. Section 78 -290. Temporary signs allowed, was originally a part of petition number LDRA- 10 -04- 000031, and was moving forward with amendments to special events and outdoor seating. However, since the temporary signs section is a part of Division 7. Signs, it has been added to this petition to avoid any confusion with codification of the amendments. Staff received direction from the City Council regarding the temporary sign code at the April 15, 2010, City Council meeting. Staff is proposing a number of amendments to the Code for technical or regulatory reasons. In addition, a number of proposed revisions are recommended to the permitted signs regulations. Many of the changes reflect changes in the code that already reflect current Council policy on previous sign waivers that have been granted. These amendments are intended to provide clarity and simplification to the Code, and reduce the number of PCD /PUD waiver requests for signage based on Council's policy on previous waivers that have been granted. Staff received direction from City Council on these proposals at the June 17, 2010, City Council meeting. The amendments are detailed below in the Proposed City Code Amendments section. PROPOSED CITY CODE AMENDMENTS Staff is proposing the following text amendments to the following Code Sections (deletions are StFUGk, new language is underlined): DIVISION 7. SIGNS* Sec. 78 -271. Intent and purpose. (a) The purpose of this division is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant GemmuRiGatien between people and theiF envirenment the effective use of signs as a means of communication in the city and to avoid the visual clutter that is petentialfy harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this division to authn-rizip- t. Page 3 of 43 Ordinance 21, 2010 aGtivity that display6 them, expFe669ve of the identity ef the individual arativitie6 and the enable the fair and consistent enforcement of these sian reaulations and to promote the implementation of the city's comprehensive future land use plan. Additionally, it is the_ intent of this division to provide regulations which achieve the following: (1) Property value protection Signs s should not create a nuisance to the occupancy or use of other properties as a result of their size, height, briahtness, or movement. Signs shall be in harmony and compatible with the buildings. uses. other and f r i na sians in the z nin i tri (2) Communication. Signs shall not deny other persons the use of sight lines on public riahts -of -way, shall not obscure important public messages, and shall no overwhelm or distract the traveling public. (3) Preservation of community's beauty. Palm Beach Gardens includes numerous planned developments with large landscaping buffers consistina of small god large office, retail, residential, and industrial uses, and relies heavily on its natural surroundinas and beautification efforts to retain the City's economic viability. This concern is reflected by the active and obiective rep lations of the appearance and design of signs. (4) Protection of the public health, safety, and welfare. It is the specific intent of his division to provide obiective, content - neutral regulations of time, place, and manner in order to preserve and protect the public health, safety, and welfare. bbl Reaulafions strictly enforced. It shall be unlawful for any persons to post. display, change, or erect a sian or sian structure that requires a permit without firs havina obtained a permit in accordance with section 78 -276. Sians or sian structures erected without a valid permit shall be deemed in violation of this chapter. and it shall be atory to obtain the applicable permit, or remove the sign or sign structure immediately. All signs not expressly permitted by this chapter are strictly prohibited. (c) Severability. WMIN .1- • - •. - • • - • •. .• .• •t. _• _• - - phrase, clause, term, or word of this divisib—n. 2) Severability where less speech results. This subsection (c)(2) shall not be interpreted to limit the effect of subsection (c)(1) above, or any other applicable operability provisions in the land development code or any adopting ordinance. Page 4 of 43 Ordinance 21, 2010 The city council specifically intends that severability shall be applied to these sian r aulations even if the result would be to allow less speech in the city, whether by sub4ectina currently exempt signs to permitting or by some other means. (3) Severability of provisions pertaining to prohibited signs. This subsection c)(3) shall not be interpreted to limit the effect of subsection (c)(1) above. or any other applicable severability provisions in the land development code or any opting ordinance. The city council specifically intends that severability shall be applied to Section 78 -284. Prohibited signs and prohibited sign locations. so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional or invalid. (4) Severability of prohibition on off - premises signs. This subsection (c)(4) shall nQt be interpreted to limit the effect of subsection (c)(1) above, or any other pplicable severability provisions in the land development code or any adoptina r in nce. If any or all of Division 7. Signs. or any other provision of the city's land development code is declared unconstitutional or invalid by the final and valid 5udament of any court of competent jurisdiction, the city council specifically intends that that declaration shall not affect the prohibition on off - premises sians in Section W-M-111 (Note: The modification will clarify the purpose and intent language, in order to enforce the sign regulations and issue violations on failure to comply with permitting requirements, and adds severability language.] Sec. 78 -272. Application. The regulations of this division shall apply to all signs within the city. Sec. 78 -273. Nonconforming signs. (a) Retention of existing signs. Every legal sign existing as of danuaFy -11-, 1990 egtember 30. 2010, and which is a type of sign not permitted in this division or is not consistent with the requirements of this division may be continued or retained until janwaFy 7, 2000 eptember 30. 2016, seuRsil. (b) Expiration, removal, and exempt signs. Upon expiration of the time period stated in subsection (a) above, all affected signs shall be removed immediately by the property owner. Signs exempt from this requirement are listed below. (1) PUD signs. Signs which have been specifically approved as part of a PUD, PCD, or site plan within a PCD. Page 5 of 43 Ordinance 21, 2010 (2) Flat wall signs. Existing flat wall signs below the third floor of a multiple -story building or the roof line of two -story office buildings shall be allowed to remain indefinitely. However, these signs are subject to the nonconforming structure provisions of section 78 273 78-715. (3) Residential development signs. Signs located within residential zoning districts which indicate the name of a residential subdivision or development. (4) Certain nonconforming signs. Signs made nonconforming by sign regulation revisions adopted by 25, 1099. Ordinance 21. 2010 are subject to the onconforming structure provisions of section 78 273 7 -71 . (5) Annexation. a. Any permanent sign existing on property annexed into the city, not permitted under this division but lawful at the time of annexation, shall be removed, or otherwise brought into compliance. no later than six years from the date the city comprehensive land use plan change affecting the property is adopted by the city council. b. Temporary signs which are not permitted by this division shall be removed within 60 days from the date of adoption of the comprehensive land use plan amendment which pertains to such property. (c) Amortization. The time period provided in this subsection is for the purpose of amortizing the costs of a sign created or existing on or prior to adoption of the ordinance from which this section originally derived by virtue of lease of location or sign space, Q hrouah annexation into the city. [Note: This provides new dates and timeframes for retaining signs made nonconforming by the sign code amendments, and refers to the correct nonconforming structure provisions.] [Note: This section is obsolete. Its purpose was to ensure all temporary signs that existed when the sign regulations were adopted in 2000 would need to be removed within 30 days of the newly adopted regulations.] Page 6 of 43 Ordinance 21, 2010 Sec. 78 -275. Addresses. All residential and nonresidential structures shall post the building address in a location viewable, readable. and unobstructed from the adjacent public or private right -of -way. The size of residential address numbers shall not be less than four inches. or exceed six inches in height, or as otherwise annroved by the addressing committee based on setback from or width of right -of -way. The size of nonresidential address numbers shall not be less then eiaht inches r exceed 12 inches in height, or as otherwise approved by the addressing committee or the master signage program based upon the specific height of the building to which the numbers and letters are attached, or setback from or width of riaht -of -way. In cases where there is no adjacent riaht -of -wav, or for other reasons of public health, safety, or welfare, the addressing committee may use its discretion to determine the appropriate location and size of addresses [Note: This sets a minimum number size for residential and non - residential addresses, and gives the Addressing Committee more flexibility to determine address number size depending on setback, right -of -way width, and other health or safety reasons.] Sec. 78 -276. Permits required, fees, and revocation. (a) Building permit required. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any permanent sign defined in this division without obtaining a building permit and paying the required fee. (b) Revocation. The building official is authorized to revoke any building permit if a sign is erected or installed that does not comply with the requirements of this division. (c) Maintenance and inspection. (1) Maintenance. All signs for which a permit is required, together with all supports, braces, guys, anchors, sign faces, and other structural and nonstructural members, shall be maintained in good condition and appearance and in compliance with applicable building codes. The building e#Risial q& may order the removal of any sign that is not maintained in accordance with this section. The removal shall be at the expense of the owner or lessee. Examples of unacceptable maintenance and repair include the following: a. Cracked, ripped, or peeling paint present on more than ten percent of the surface area of a sign; b. Bent, broken, loose, or otherwise insufficiently attached supports, struts, or other appendages; c. Partial illumination for more than 14 days; Page 7 of 43 Ordinance 21, 2010 d. Obstruction of sign face by weeds, vines, tree branches, or other vegetative matter; and e. Maintaining a position that is more than 15 degrees from vertical for more than ten successive days. (2) The building official and /or code enforcement officers shall reinspect all signs erected within the city as often as deemed necessary. fee -Ah.all be requir-ed re+nspestie� [Note: This clarifies who may order removal of signs, since it may be a City official or the magistrate deciding on a Code Enforcement hearing. It also clarifies who may re- inspect signs, and allows the City to charge for re- inspection costs if needed.] Sec. 78 -277. Design requirements. All permanent signs shall be designed and constructed in compliance with applicable building codes. All electric wiring shall be installed underground, within building walls, or otherwise located so as not to be visible. Sec. 78 -278. Variances. (a) Variance allowed. The 87A-PZAB, consistent with the requirements of section 78- 53, may grant a variance from the strict application of this division. However, in no all a variance be granted to allow a sign type listed in section 78 -284. (GUb Exceptions. (1) PUDs and PCDs. The city council may, at time of development order approval or development order amendment, grant one or more waivers to the requirements of this division applicable to a PUD, PCD, or site plan within a PCD. (2) Compliance with intent and purpose. The city council may vary the size, setback requirements, afW-number type of peFFnitted -signs in a PUD, provided the city council determines a PUD application complies with the general intent and purpose of this division. [Note: This corrects the name of the Planning, Zoning, and Appeals Board (PZAB), and eliminates the vote count. The variance process is outlined in Section 78 -53. Variance Requests., and voting requirements are already described in Section 2 -95. Quorum and Required Vote.] Page 8 of 43 Ordinance 21, 2010 Sec. 78 -279. Removal of abandoned signs. Any sign which no longer is used to advertise a licensed business or a product sold on premises shall be removed by the owner of the property, building..-, or structure upon which the sign is located within ten days after written notification from the building official. Upon failure to comply with the notice within the time specified in the order, the building official is authorized to cause removal of the sign. Any expense associated with the sign removal shall be paid by the owner of the property, building, structure, or premises to which the sign is attached or on which the sign is located. [Note: Scriveners errors corrected.] Sec. 78 -280. Removal of unsafe signs. If the building official determines any sign regulated in this division is unsafe, insecure, a menace to the public health, or constructed, erected, or maintained in violation of this division, a written notice of such determination shall be provided to the property owner. The owner of the property has ten days following receipt of the written notice to remove, repair, or otherwise alter the sign so as to comply with this division. If the sign is not removed, repaired} or otherwise altered to comply, the necessary removal or improvements shall be carried out by the building division at the expense of the owner of the property. The building division shall cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. [Note: Scriveners errors corrected.] Sec. 78 -281. Owner to be charged for cost of removal by city. When the city has caused or paid for the removal of a sign, the actual cost of the removal shall be paid by the owner of property on which the sign is located. The cost of removal shall include accrued interest at the rate of ten percent per annum from the date of the completion of the work. [Note: Scriveners errors corrected.] Sec. 78 -282. Lien for costs of removal. if the full amount due the Gity fGF SigR r-emayal is not paid by the GWAeF within 60 days the removal of such sign, the city shall cause to be recorded in the official record books a lien against the property. The lien shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. [Note: Language simplified.] Page 9 of 43 Ordinance 21, 2010 Sec. 78 -283. Obstructions. Signs shall not be erected, installed, constructed, attached, or maintained so as to serve as an obstruction as noted below. (a) Ingress and egress. A sign shall not block any fire escape, or any window, door, or opening used as a means of ingress or egress. (b) Fire escapes and ventilation. A sign shall not be attached to a fire escape or be placed in such manner as to interfere with any opening required by the building code for ventilation. (c) VisibUrity triangles. A Sian shall not be placed in such a manner as to obscure siahtlines within the visibility triangle at the intersection of two roads or a road and a private driveway in accordance with the city's intersections reaulations in section 78 -5(J8 (d). No sign located within a visibility triangle shall exceed 30 inches in height as measured from the surface of the nearest vehicular traffic area. (G) LM-City property. Signs shall not be allowed on city property or rights -of -way within the city unless specifically authorized by the city council. Any signs not authorized on city property or rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne by the parties responsible for the installation. (4) Lel0ther governmental agencies. Other governmental entities which have jurisdiction or control of public rights -of -way may install signs within such rights -of -way. Any signs that are not authorized on such rights -of -way shall be immediately removed by the city or governmental agency, and the costs of such removal shall be borne by the parties responsible for the installation, [Note: Visibility triangles at intersections are added as areas within which signage shall not be located in such a manner as to obscure sightlines. While "obstruction of vision" is listed as a Prohibited Sign (Sec. 78- 284(d)), it does not define visibility triangles or give specific language for what is allowed. More precise language provided within Sec. 78 -283 will help ensure that this public safety issue is not overlooked by applicants submitting sign petitions or by staff reviewing signage applications.] Sec. 78 -284. Prohibited signs and prohibited sign locations. (a) General. The signs described below, unless otherwise provided in this section, are prohibited and shall not be installed or constructed within the city. (b) Off-premise�a signs. Off -site or off- premises signs are prohibited. — All -- sign -se" Off -site or off - premises signs are a that direct attention to a commercial business, commodity, service, product. or activity Page 10 of 43 Ordinance 21, 2010 (c) Traffic Gen W i n signs. Any sign which resembles, is similar to, or may be confused with any sign or device to control vehicular, bicycle, or pedestrian traffic is prohibited. (d) Obstruction of vision. Any sign installed or erected in a location, or at a street intersection, or in any street right -of -way so as to obstruct free and clear vision is prohibited. (e) Prohibited sign characteristics. Only passive -type signage shall be permitted. Unless otherwise permitted in section 78 -285. Sjigns which incorporate animation or flashing lights, movement or motions caused by the wind, electrical, or mechanical means, flashing OF elestFen+s messages, or other real or apparent forms of motion are prohibited. (f) Prohibited illumination. Illumination of signs utilizing flashing, intermittent, rotating, revolving, oscillating techniques is prohibited. N cOther prohibited signs. In addition to the prohibited signs indicated above, the following signs are prohibited in the city: (1) Awning signs, unless otherwise provided herein; (2) Bunting, pennants, streamers, and other similar signs or devices normally but not always installed in a series designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures; provided, however, the use of pole- mounted banners may be permitted in accordance with section 78 -292 -} (3) Murals, unless approved by city council: (4) Painted wall signs; MYR (6) Changeable copy signs, Gf gasoline wfth the exception of the following. which may be displayed as set forth in this division: a. Gasoline price sians located on pump islands or on monument igns: s Page 11 of 43 Ordinance 21, 2010 • - • • • �.3i�i • • - • AWL • d. Ground signs for aovernment uses, public /private schools, and cgileaes/Universities located in Public /Institutional zoning districts: (7) Signs with extruded figures or elements; (8) Portable signs; ( - G)LaLBalloons} er balloon signs or inflatable shapes or figures with or without (-j 1Q Copies or imitations of official signs; AP (13) Expesed neon tubiRg; 04) jBeacons or searchlights; (45} =Signs attached to an accessory structure; (6) =Signs which emit sounds; (-�f 141 Exposed neon tubing. Nneon signs, and LED sians that emulate the general appearance of traditional neon signs, except as provided injection 78 -286; (48) 1, Signs which emit visible smoke, vapor particles, or odor; 49)} =Sandwich board or "A" -frame signs and pole sians, except as otherwise provided herein: (28) U77 Signs which exhibit obscene or illegal written messaaes or material; (244 1=$ Snipe signs OF similaF tempeFaFy attached, posted, or located on or o any trees, light poles, utility poles, street light, sidewalk, curb, fire hydrant, bridae, or any other public property, except for public utility, convenience. and warning sians ; Page 12 of 43 Ordinance 21, 2010 (22}LMSigns placed upon benches, bus or transit shelters, or waste receptacles, unless specifically approved by the city council; (20) Sians and sign structures which are not properly maintained or have been abandoned ;and (24)L1 Any other sign, device, or equipment whiGh attFaGts aftention, these signs allowed not specifically permitted by this division. [Note: Revisions to clarify signage types, eliminate duplication, and describe certain exceptions. A Severability clause is included to ensure if this Section is challenged, the rest of the Division will not be invalidated.] Page 13 of 43 Ordinance 21, 2010 Sec. 78 -285. Permitted signs. Permanent signs shall be permitted as provided in Table 24. TABLE INSET: Table 24: Permanent Signs Maximum Permitted Max. Size of Max. Maximum An Sign Type Zoning Copy Area Sign Number 9f Other Limits Districts (Sq. - t) Faces Sj= Dimensions (1) *Requires solid base not less than three feet high w /out sign copy, g address numbers or easing informatio as reaulated by sec •1 for first 78 -290. Temooraro SiML 300 lineal -Sign copy not to Ground Sign Non- 60 feet of ROW._ Height: 10 feet exceed building identification and (2) residential* feet 2 •1 for each Width: 15 th ee fye tenants additional feet lnot in�cludinaa 700 lineal leasing information) feet of oer sign face. ROWS -Tenant names shall be at least -i ish letter height. -Min, 15 feet setback from ROW. -Min. 50 feet setback from non - ROW property lines. Page 14 of 43 Ordinance 21, 2010 Maximum Sign Type Permitted Zoning Districts Max. Size 9f Copy Area Max. Sign Faces Maximum Number of aWa Structure Dimensions Other Limits (8- Ft) (1) 1 for parcel with at least 100 lineal feet of ROW; B buildina with -Sign letters shall not exceed 36 f[ontaae on inches in height. I -95 or the Florida -Sign for building Turnpoke and tenant identification Flat/Wall Sign Sign for Principal Structure or Principal Tenant 3 Non- residential E�} 9Q sauare�t 1 None purposes. •NMT one name or message may be included. -Each principal structure is allowed a flat or wall sign. sign facing I- 95 addition to orimary -Wall sign cannot street. The exceed more than sign facing 1- 70 percent of the immediate vertical 95 or the Florida and horizontal surface area to located which attached. (3) above the second floor. -Sign must face Flat/Wall Sign for Ground Floor Users 3 Non- residential NMT 5% of area of elevation of tenans ace t p or bay. In no case shall cony exceed 1 1 per tenant space or bay_ f lmnp None ROW or primary entrance. -Uniform type, color, material, shape & style. -Letters NMT 24 inches. -Max. 2 lines of feeL copy. *Signs shall not be whichever is located above second floor line or - above building parapet. Page 15 of 43 Ordinance 21, 2010 Sign .- Permitted Zoning Districts Max. Size -Qf QQPY Area Max. Sign Maximum Numbergf Maximum +r -Structure Dimensions Other Limits - q. Ft) • OUNWIM - r r• Fe I - • rr_r . . r• _r .r r• Page 16 of 43 Ordinance 21, 2010 Sign .- Permitted Zoning Districts Max. Size Qf .. - Max. - Maximum • i Dimensions - a IL -Il .I We u- l- .. Page 17 of 43 Ordinance 21, 2010 Sign Type Permitted Zoning Districts Max. Size W � Max. Sign Faces Maximum Maximum S Number Qf SIMIUM Other Limits Dimensions (1) •NMT 524% of total glass area allowed feF IFS; epeaislesed -sFe& GaFdG ::&-k*q#tGpe numbers toto be covered J2Y window Lesser of st � - NM�°6nef total 100 squa re glass aFea,allowed Window Sign Non- feet or 20% 1 �, feF�eeds -and residential of gross a None glass area, -Not more than 50% Qf any sonalp window ass door may be covered by ions -All sign materials must be permanent. -Paper, cardboard, etc., are prohibited. •i n 4LQ_und floor windows only - -Must be attached to wall. -Must be framed or matted. Menu Sign -Not included in area (Wall- Non- 4 square 1 1 per for window signs. mounted) residential feet restaurant None -Enclosed in frame or casing compatible with building design and color. -Casing shall not project more than 2 inches from wall. Page 18 of 43 Ordinance 21, 2010 Maximum Permitted Max. Size Qf Max. Maximum Sign Type Zoning Col2y Area Sign Number 9f Other Limits Districts (fit) Faces Sj= Dimensions (1) 1 per restaurant. - Constructed of Additional durable materials. signs -May be pole_ permitted if mounted, "A "= _frame, Menu Sign outdoor Height: 5 or sandwich board. (free- Non- 15 IQUX2 2 seating feet -May include name, standing) residential feet areas are Width:3 feet hours, credit card, either menu, and price separated information. by 6 feet -Must be stored high wall or inside restaurant not visible to when closed. each other. 1 per building directional Building -Max. 4 feet above Directional Non- 4 square 2 Height: 4 crown of paving or Sign residential feet feet. road. of total b�iJ�1n f44�9 . Page 19 of 43 Ordinance 21, 2010 Maximum Permitted Max. Size Qf Max. Maximum Sign Type Zoning Col2y Area Sign Number Qf Structure i Other Limits i Sq—rmt) Districts Faces Signs Dimensions (1) -Max. 3 feet above crown of paving or road. Sians located within a visibility trianale shall not exceed 30 inches 1 per in height measured from the surface of the nearest Exit and Non- 4 square 2 approved tie Height vehicular trac traffic Entrance residential feet entry or area. Signs exit. ftL -Min. 2 feet from property line. *Copy limited to EXIT, ENTRANCE, EXIT ONLY, etc. *Internal illumination only. •Shall be Loocated in landscaped area. -Drive-through restaurants only. - Internal illumination only. -May include chanaeable conv. -Must be landscaped Height: 5 consistent with Menu Board Non- 20 square 2 1 per feet division 7-§_of article residential feet restaurant Width: V. None - Located NMT 100 feet from principal building. -May have remote or electronic service. -Shall not be located adjacent to residential zoning districts. -May include changeable copy. -May be integrated Gasoline 15 square 2 1 None into another sign. Price Sign feet -Sign with price integrated shall not exceed permitted sign size. Page 20 of 43 Ordinance 21, 2010 Maximum Permitted Max. Size of Max. Maximum Sign Type Zoning Copy Area Sign Number Qf Structure Other Limits (SE}. Ft) Districts Faces Bj= Dimensions (1) -May be suspended from soffit or eave. -Must be parallel to soffit or eave. Occupant -Min. clearance of 8 Identification Non- 6 square 2 1 None feet from bottom of Sign residential feet sign to top of walkway. -Located at main entrance. May be externally illuminated. -2 or more buildings on same parcel or development. 1 per -internal illumination building with only. tenant or -Located within a Building business Height:6 25_feet radius of Directory 18 square 1 spaces not feet main entry to Sign feet directly Width: building. accessible None -May be a from changeable copy building sign. exterior, -Shall be placed in landscaped area. - Vehicle pull -off may be required. -Only time and Time and Non- NMT 25% of Permitted temperature may be Temperature Sign residential total sign area 1 only as part of a wall or N one. displayed. -Size to be included flat sign. within overall size of principal sign. Commercial Pole- mounted and /or Mixed Use 21 square q 2 1 per light pole and /or 3 feet width -Meet all requirements in Banner and /or feet pedestrian by 7 feet length Ssection 78 -292_ Public pole Institutional Page 21 of 43 Ordinance 21, 2010 Sign Type Permitted Zoning Districts Max. Size Qf C�A[ea {Sq-€t} Max. Sign Faces Maximum Number Qf Sigm Maximum Structure Dimensions (1) Other Limits Perimeter Wall or Ent Entry Feature un Signs for Residential Development Residential; Mixed Use 60 square feet 1 2 or sian OF 1 pe 2_ None. -Letters may not exceed 24 inches in height. Illumination limited to backlighting with opaque letters or ground lighting for letters. -Residential entry feature signs tsshd be approved by city council. entrance av either,$ide of entrance. JIl median QLA-sign-in center median of community entrance Changeable Public/ Institutional �� feeL 2 1 feet Width: • Only allowed for aovernment uses. public/ private schools. and colleges /universities in Public/ Institutional zoning around sian districts.' -Requires solid base 15 feet not less than three feet high w /out sian COPY- .Mon. 15 feet setback from ROW -Mon. 50 feet setback from non - ROW pawl tv lines Page 22 of 43 Ordinance 21, 2010 Notes to Table 24. *Non- residential (includes commercial portion of residential PUDs or PCDs. ROW = Public road right -of -way. NMT = Not more than. (1) Height measured from average grade unless otherwise noted. Netes te Table 24 (GORtiRued from pFeyieus page) 0 Ground sign must be landscaped as provided below. a. Front: minimum width shall be not less than the height of the sign. b. Side: minimum width shall be not less than the height of the sign. c. Rear: minimum width shall be three feet. 3) For commercial, retail, or commercial portions of projects within Mixed Use land use desianations that front directly on a major roadway (arterial or collector) with no root narking, one additional Sian is allowed on the rear elevation of buildings, as Iona as the customer parkins and access is located in the rear. [Notes for Section 78 -285. Permitted Signs section]: 1. Ground signs: a. Permits address numbers or leasing information on the bottom three feet of a ground sign. b. Allows an increase from a maximum of three to a maximum number of five with the caveat that the maximum total size of the copy area remains unchanged at 60 square feet. c. Adds a minimum of 6 -inch high lettering for tenant names to maintain readability. T Page 23 of 43 Ordinance 21, 2010 2. Flat/Wall Sign for Principal Structure or Principal Tenant. a. Simplifies the maximum size to 90 square feet. b. Allows one additional sign facing Interstate 95 (1 -95) or the Florida Tumpike for buildings directly adjacent to these limited access roadways. In addition, these additional signs may be allowed above the second floor. 3. Flat/Wall Sign for Ground Floor Users a. Clarifies sign area size by restricting total size to 70 square feet, or not more than five percent of the area of the tenant space or bay, whichever is less. 4. FlatlWall Sign for Second Floor Professional or Medical Office Tenants in Existing Buildings: a. Allows additional tenant signage for office tenants on the second floor whose primary entrance is through the front fagade and face any right -of -way, including the customer parking lot. In other words, direct access to the second floor space must be from an exterior door on the second floor, not through the main lobby entrance. The restrictions for size, number, and uniformity are similar to ground floor tenants. This option will apply only to existing buildings. New buildings will need to meet regular sign regulations. 5. Roof Signs for One -Story Buildings with Mansard or Hip Roofs for Existing Buildings: a. Allows roof signs as a substitute for a wag sign in one -story structures with mansard or hip roofs. Roof signs would not be listed as a prohibited use, but would be permitted as described in the permanent sign table. The signage size and other regulations are similar to the flat/wall signs currently allowed. This option will apply only to existing buildings. New buildings will need to meet regular sign regulations. b. Allowed only for principal tenants or tenants with over 5,000 gross leasable square footage. c. Cabinet signs prohibited. 6. Window Signs (Window signs currently have specific size requirements based on content. Currently, sign regulations allow not more than 5 percent of total glass area for name, hours, open /closed, credit cards, and telephone numbers, and not more than 15 percent of total glass area for goods and services offered.) Page 24 of 43 Ordinance 21, 2010 a. The proposal allows not more than 20 percent of total glass area to be covered by window signs. (This will remove regulating content while maintaining the same total percentage of window coverage.) b. The modification also removes the restriction of one window sign per tenant or bay, but adds a requirement that not more than 50 percent of any single window or glass door may be covered by signs. c. Only allowed for ground floor windows. 7. Building Directional Signs (Currently building directional signs are limited to one per building. However, shopping centers or institutional uses, such as hospitals and churches, with one or two large buildings with several points of access often need more directional signage.) a. The proposed modification would add the following language: "Maximum number of directional signs can be one per building, or one per 10.000 square feet of total building square footage in project. " 8. Exit and Entrance Signs a. Adds height restriction of three feet. b. Adds further restriction that signs located in visibility triangle shall not exceed 30 inches in height from the surface of the nearest vehicular traffic area, in order to be consistent with engineering requirements. 9. Menu Board a. Allows changeable copy. b. Updated to correct division number of landscaping regulations. 10. Perimeter Wall or Entry Feature Signs for Residential Development a. Requires landscaping around base of sign. b. Adds Mixed Use to the Permitted Zoning District. c. Clarifies number of faces based on whether sign is placed in entry median or not. d. Increases number of signs from one to two signs per entranceway; one sign on either side of the entrance, or one sign with two faces in the median. e. It is important to note that all residential entry feature signs will still require City Council approval. Page 25 of 43 Ordinance 21, 2010 11. Changeable Copy /Digital Display Ground Sign (Currently changeable copy signs are not allowed, except for gasoline sales, menu signs, building directory, and traffic control/traffic information. This would allow permanent, changeable copy signs for public information purposes to be located on publichnstitutional zoned land.) a. Same size, setback, and landscaping requirements as Ground Signs. b. Only one per property. 12. Notes to Table 24 (the notes to the permitted sign table have been modified as follows): a. Scriveners Error - #2 was missing from the Ground sign landscaping provisions. This has been corrected. b. Previous note regarding maximum size requirements was eliminated. The maximum size requirement has been simplified to 90 square feet only and moved into the table. The remaining restrictions were eliminated as unnecessary. c. A new note ( #3) is added. This note allows commercial retail, or commercial portions of projects within Mixed Use land use designations, that front directly on a major roadway (arterial or collector) with no front parking, one additional sign on the rear elevation of buildings. This is allowed as long as the building's primary access is from the rear and customer parking is located in the rear. This will eliminate a waiver to allow a second sign, which is needed to help patrons identify store names from the rear parking lot. [End of Notes for Section 78 -285. Permitted Sign Section.] Sec. 78 -286. Illumination. (a) Permitted illumination. (1) Nonresidential zoning districts. Ground, flat, or wall signs shall be illuminated utilizing the following: backlighting, internal lighting, or permanently fixed and encased lighting from below, and external to, the sign surface. External lighting greater than 15 watts is prohibited unless properly shielded to prevent glare upon adjacent public rights -of -way or adjacent property. The department may require PhGtGgFaFnetFiG photometric or other studies to ensure sign lighting will not adversely affect the public health, safety, and welfare. (2) Residential zoning districts. Only backlighting with opaque lettering and permanently fixed and encased face lighting from below the sign surface shall be permitted in residential zoning districts. Page 26 of 43 Ordinance 21, 2010 (b) Neon signs and LED signs. Neon and /or LED signs are permitted within a building, provided such signage is not visible from a public right -of -way, except as otherwise provided herein. (c) Permitted neon signs. An exposed neon sign or LED design which emulates the appearance of a neon sign may be displayed and be visible from a public right -of -way so Iona as ' total sign area shall not exGeed is three square feet rQ less;_ XII (2) The sign shall be IiFnitedd to the GeI0F white; and [Note: LED signs are added to neon signs as illuminated signs permitted within buildings. These signs shall not be visible from any public right -of -way. One exposed neon sign or LED sign of similar appearance to neon signs is permitted to be visible from public rights -of -way as long as it does not exceed three square feet in size. Allowing only the word "open" is eliminated because it is content based. The color restriction of white only is also eliminated.] Sec. 78 -287. General standards. The following standards are applicable to all permitted signs. (a) Sign materials. All lettering, logos} and other such identification markings on signage shall be permanent and not interchangeable, unless otherwise pfeved r i herein. (bl Landscaping. Ground signs shall be landscaped. The minimum landscape area dimensions are indicated below. (1) Front: minimum width of the landscape area shall be the height of the sign. (2) Side: minimum width of the landscape area shall be the height of the sign. (3) Rear: minimum width shall be three feet. Landscape areas associated with ground shall be irrigated, unless waived by the growth management department, and shall be maintained as required by section 78 -329. Page 27 of 43 Ordinance 21, 2010 fFlags. Not more than three flags and three flag poles shall be located on any single property. OF GGFpeFate entities. On any PFOPeFty, Only one of earh peffnitted flags may displayed. A Fetail 6ouba diving shep may display the Feregnized sGuba dove flag in lieu of a peFMitted flag. Flag poles shall not exceed 25 feet in height. One flag per pole is permitted, The area of a flag shall conform to the requirements listed below. Additionally, no flaa pole shall be located any closer to any property line than the heiaht ofAhr,haci- installed Thy number, size and height of flags and flag poles may be ingreased with city council approval. TABLE INSET: Height of Flag Pole Maximum Flag Area Maximum Dimensions 20 to 25 Feet 48 44, square feet 5 feet by -7 $ feet Less than 20 Feet 45 24 square feet 4 feet by 6 feet (001 Logos. Logos or any federally=-registered trademark may be permitted as part of a sign as follows: aaUlf designed as an integral part of the advertising copy; baalf consistent with an approved color scheme of the master sign plan; and sLlf displayed as registered. wion, r — n Lift, —� Figure 13a CHANNEL „nm„ ----,L Mcxe L �.3 M Page 28 of 43 Ordinance 21, 2010 (f) Calculation of sign area. (1) Sign area. Sign area shall be calculated as illustrated in Figures 13a nn� j3h. The area of a sign face shall be calculated by means of the smallest rectangle that will encompass the entire area of a sign, including all letters, numbers, characters, logos, emblems, information, or other display. The sign area shall include any materials or colors utilized to differentiate the sign from the backdrop or structure on which it is placed, including all materials to form the cabinet or other structural members of the sign. Sign area shall not include any supporting framework, bracing, or decorative fence or wall when such wall is consistent with the requirements of section 78 -285. obo sn� � oou a►wrE MULTIPLE M _ _ s ;ELEMENTS LOOO WIDTH Figure 13b (2) Sign area of multi -faced signs. Sign area for multi -faced signs shall be calculated as indicated below and in Figure 14. a. The area of a double -faced sign with sign faces that are parallel or the interior angle of the two faces is 15 degrees or less shall be calculated using the area of only one sign face. Page 29 of 43 Ordinance 21, 2010 16 Deere" w Love to any"MM or Emu 1 P OIDED ANGLED SIGN P SIDED SIGN oVER 16 • 115 .OR UNDER WIDTH' x MM m - NM AFEA wnr# x ttxwr- mw APxA WIUFH" x 1�w MW AI6A Figure 14 b. The area of a double -faced sign with sign faces having an interior angle of more than 15 degrees, the area of both sign faces shall be added together to determine total area of a sign. c. The sign area of multi -faced signs is calculated based on the principle that all sign elements that can be seen at one time or from one vantage point should be considered in measuring that particular sign face. �» NO (Note: A restriction of signage near residential areas is being removed. Flag setbacks are added, and flag dimensions are revised. The number, size, and height of flags and flag poles may be increased with City Council approval. Fence or wall sign area calculations are deleted because the same issue is covered in Sec. 78 -287 (0(1) and fence signs are temporary in nature and are not encouraged as permanent signs.] Page 30 of 43 Ordinance 21, 2010 Sec. 78 -288. Sign program. The growth management department may require any development order application for a PUD, PCD, MXD, or conditional use to submit an overall master sign program. The master sign program shall indicate location, number size, ff n type , landscaping, and illumination of proposed signs. [Note: Master sign program requirements are clarified.] Sec. 78 -289. Exempt signs. fM The signs listed below are permitted signs, and are exempt from the requirements of this division. (1) Mailboxes. Roadside mailboxes. (2) Residential identification signs. Residential building identification, displaying the name or property occupant or street address, provided such sign is less than four square feet. (3) Ale— Gelisi;ag" Warning signs. Signs prohibiting peddlers or solicitors, indicating security such as burglar alarms, or "beware of bad animal' signs. Signs of this nature shall be located at the entrance of the building or residence, or adjacent to fenced areas. (4) Traffic control /traffic information. Traffic control, directional, and u lic information placed in public rights -of -way by federal, state, county, city, and other public agencies or at the direction of or as required by same. (5) Interior signs. Signs located within a building; and not visible from a public right -of -way. (6) Courtyard signs. Signs located on the exterior elevation of an interior courtyard, provided such signs are not visible from a public right- of -wayg let; or abutting residential zoning district. (7) Vehicle advertising. Motor vehicles with business names, business addresses, telephone numbers, contractor certification numbers, logos, and similar information painted or embossed on vehicle surfaces, when otherwise permitted or required by law. Parking of such vehicles shall be limited as provided below. a. Motor vehiclest including} but not limited tot trucks, vans, and automobilest and any trailer towed by such vehicles with business signage shall not be parked in 99 stFeet paFking areas any location for the rig mare purpose of advertising a business or service. Page 31 of 43 Ordinance 21, 2010 b. The owners of commercial or industrial properties. or their legal tenants, whose vehicles are registered, licensed, and fully operational for company use are from section 78- 289(a)(7)a. for the purpose of parking such vehicles on site in the normal course of business. [Note: "No soliciting" signs are broadened to "Warning" signs to provide a clearer description. "Traffic information" is added to "Traffic control' signs, because these signs can also be used to provide public information. The amendment to vehicle advertising would allow vehicles with advertising to park at a commercial location, if the company to which the vehicle belongs is a tenant at that location. This will prevent companies from having to Find off -site or screened parking locations for company vehicles.] Sec. 78 -290. Temporary Stigns Aallowed. (a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25. (b) Approval. Temporary signs shall be approved by the bu+IdiRg division &U. Signs not approved by the building- divisien gily are subject to immediate removal by the city, at the expense of the owner. Temporary signs shall comply with the standards listed below. (1) Illumination. Temporary signs shall not be illuminated. (2) Setbacks. Temporary signs shall be setback at least 45 eight feet frQm the riaht -of -way line and side property lines, and must comply with section 78- 283(c). t b. The edge of pavementi GF (3) Maximum height. A temporary sign shall not be higher than five feet above the r.FGWFI of the FOad adjaGent te the sign average grade at the property line nearest the sian. (4) Permitted sign types. Only pole or sandwich- board -type signage shall be used for temporary signs. Page 32 of 43 Ordinance 21, 2010 [NOTE: The changes are administrative in nature and provide consistency in measuring the setback requirements for enforcement.] WIN-0:0-0.0 [NOTE: The changes are administrative in nature and provide consistency in measuring the setback requirements for enforcement.] V Table 25: Temporary Signs TABLE INSET: Page 33 of 43 Ordinance 21, 2010 Maximum Earliest Final Type of Sign Size Installation Removal Notes and Remarks (Sq. Feet) Date Date •Residential - 1 sign per candidate or issue per residential dwelling Nonresidential • _-1 sign der candidate or -Residential — none •Nonresidential —1 Not more than 30 N Wiper nonFesidential � ? linear days Wrier to the election to which it -Residential — -00 feet of frontage. the date -Residential - relates or Wane 1 � • A minimum of 1 sign of candidate �prop�ll~y allowed. Political* 6 square feet -Nonresidential - qualification. if apQlicable• � election -Signs may not be 32 square feet -Nonresidential - -Nonresidential placed on public 30 days befere - 5Z days after property. the election -Signs may not be p placed in public rights - Warandum Same of -way. Residential. may not as obstruct obstruct vision at corners, intersections, etc. -Applicable to federal, state, county, and local elections. Page 34 of 43 Ordinance 21, 2010 Maximum Earliest Final Type of Sign Size Installation Removal Notes and Remarks (Sq. Feet) Date Date •Residential - 1 sign residential dwelling el< -1 Sign Pe east Nonresidential - 1 sign per nonresidential parcel east. - Residential - -Sign may be installed 6 square feet in lieu of any permitted Free Speech Sign ` - Nonresidential - None None nonresidential sign, -Signs may not be as permitted by placed on public sign regulations property. -Signs may not be placed in public rights - of -way. -Signs may not obstruct vision at corners, intersections, etc. Sale nf Land. Building, e 46— WheR py � _ Sale: Residential 6 Day open house Day open Open House` begins house closes Sale: Nonresidential 16 Day open house Day open Open House begins house closes S,alea- l2ert+efl -e# When building development eF � issued — � _ Rem GF Lease Building— 46— When building e##eFed ef develepr a it-erde issued- 6 days after leased — — RedociR n se buildin e#fefed o developmenterder issued — 6 days a ftef 100 peFGen t (4 00 ) rented eNeased- excluded— Page 35 of 43 Ordinance 21, 2010 Type of Sign Maximum Size (Sq. Feet) Earliest Installation Date Final Removal Date Notes and Remarks Development Sign 32 When complete development order application filed with city On receipt of first certificate of occupancy Project Suppliers /trades 32 Issuance of building permit On receipt of final certificate of occupancy No more than two signs shall be permitted at one time. Grand Opening/ Project Opening/ New Businesses 32 7 days before event 10 days after eventng or •May be permitted as a banner. Outparcel /Phase Opening 32 7 days before event 10 days after opening SpeGial €�ea�SaEle -Net feF Pfefit— �- � � organization l €vengsale fef Rfe#it - 46— saWevent— Special Event 32 7 days prior to event 2 days after event -In accordance with subsection 78 -187 (b)(4)(a) 1 on -site sian may be permitted for each side of the property that fronts a public right -of -way for no less than 50' linear feet. up to a maximum of 3 suns. Minimum 1 per pro2rty allowed. -May be permitted as a banner. Event Sianaae /Sale for Profit 7 days prior to event after eyant - Maximum per 4 cale dar v ar per Eight-of-way peer 24 — 30 days prior to event days after event -Per section 78 -187 (4)(b). must be reaional national. city. or city co- sponsored s2ci -d event. -Must have authorization from applicable agency. Page 36 of 43 Ordinance 21, 2010 Tyne of Sian Maximum $iza (Sq. Feet) Earliest lnstallatk Date Final $gmgyW Data — Notes and Remarks- Name Change- 60 square feet of Issuance of QeMit 60 days from issuance of nt aermane Sian -Only canvas coverinas of around clans allowed. -Office and retail uses round Sian only- •Mav be submitted when sign permit for r= application new permanent Sian is submitted. School /Day Care /Nursery 32 30 days before registration 3014 days after registration -Max. 3 per calendar yeaL -May be permitted as a banner. Garage Sale" 12 1 Dday before sale Day of sale 1 sign for the sale. Outside Sales/Sites Without BuildiAgs 46--- Day befeFe sale— 4 day afteFsaie— 'Y-W& seuesil- appreved Special Event Direction Signage 4 Day before event 1 day after event Mastssr�yf -with seu�l- apprsued Construction Entrance 16 Issuance of land clearing, land alteration, or building permit. On receipt of final certificate of occupancy !VOTES TABLE 25: ( *) Exempt from fees and permit registration provided the sign complies with the requirements set forth in Table 25 and the Florida Building Code, as applicable. ( * *) A written request for a 30 -day extension may be granted administratively provided the permanent sign is not completed but is in the process of completion. [Note: the Notes for Table 25 are clarifying the types of temporary signs that are exempt from fees and permits, provided they meet the criteria in Table 25 and providing an extension to the name change covering, provided the applicant is working with the City in the process.] Page 37 of 43 Ordinance 21, 2010 [NOTE: The changes in Table 25 include: ■ Specifying the number of political signs and the installation and removal timeframes; ■ Clarifying the temporary signs which are exempt from applying for a permit; however, they must meet the criteria in the table; ■ Providing a maximum number of signs for project suppliers/trades; ■ Removing the temporary sign criteria for non - residential sale, lease, and rentals because, due to the nature of the economy, a business may always have one tenant space available, therefore allowing the temporary sign to remain and deteriorate. These signs are proposed to require a yearly permit with renewals based on the new criteria listed in a section below; ■ Consolidating the special event signage criteria and making it consistent with the special event section (78 -187); ■ Adding an event signage /sale - for - profit category for those applicants that would like a temporary sign for a special occasion (such as Easter church services) but are not considered a "special event "; ■ Adding right -of -way banner criteria consistent with the special event section (78 -187); ■ Providing a maximum number of signs for school /day carelnursery registrations and allowing the sign to remain for 14 days after registration; ■ Adding criteria for a name- changelground sign covering allowing a business (such as a bank) to temporarily have the new name over the permanent ground sign while it is in the process of making the new sign; and ■ Removing the criteria for "outside sales /sites without buildings" signage because currently the City requires a special event permit for any sales that occur on vacant parcels (such as Christmas trees).] ■ Allowing temporary banners to only be used for special event signage, grand openings and/or new businesses, and school registrations. (6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign. W—R! • •-• • • • • _ • • (8) Hazard. A sian shall not directly or indirectly create a traffic or fire hazard or interfere with the free and unobstructed use of streets or sidewalks. [NOTE. Allows for enforcement of the maintenance and placement of temporary signs.] Page 38 of 43 Ordinance 21, 2010 a. A city temporary sign permit is required for all temporary signs except those exempt as shown in Table 25. b. Nonresidential sale of portion of building, rental, or lease permit. 1. An application for temporary sianaae will be made with the city. All applications will be issued and renewed administratively by the city. 2. If approved. a permit for temporary sianaae will be issued for a period of no longer than one year. A renewal permit may be submitted annually if the applicant is in compliance with the city's standards. I An administrative fee will be charged for the issuance of the temporary sianaae permit as reaulated by the fees and charges schedule on file. [NOTE: Creates a process by which an annual permit will be submitted and approved.] 4. Standards. Sianaae must be in compliance with all temporary ionaae standards and meet the criteria below. i. Size Maximum square footage of the sign is 16 square feet ii. Sian post. Post shall be a 4x4 treated -wood post or other accel2table material The minimum number of posts shall be two The posts shall be directly buried into the around at a minimum of two feet. Use of concrete is prohibited. iii. Backing. Sian shall be installed on a Y2 -inch plywood. Plywood shape attached with weather - resistant screws. iv. Color The entire sign must be painted_ and have no more than two colors including the letters The colors of the sign must be nsistent with the approved principal color of the developmen and /or building. _.. . - . . . -. . • - - WW9i61IG,L01r--t(7-IeWW* • - . • - • - • - -- ,. -• -• •_ • • •-• M - •- • M MHMMIMIAM • • • - • • - • • • • •- • �- • -1- Page 39 of 43 Ordinance 21, 2010 [NOTE. Creates standards for the temporary signs that are enforceable and aesthetically pleasing. Also allows the leasing information to be placed on the monument sign of developments as a temporary sign which minimizes signage and still is aesthetically pleasing to the public.] (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted. The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued. (2) Violations. The city shall have the right to remove any temporary signage in violation of this section. (d) Number. Each side of a property facing a public right -of =way is allowed one temporary signs as permitted in Table 25. Each side of a property facina a private riaht- f -way may be allowed one temporary sign as permitted in Table 25 at the discretion of e arowth manaaement director, or desianee. (e) Prohibited materials. Paper, cardboard, or other such material subject to rapid deterioration shall not be used for any sign that is to be displayed for more than 30 consecutive days. [NOTE. Allows for additional temporary signage for the private right -of -way.] Sec. 78 -291. Non - commercial messages. Lal Notwithstanding anything in this article to the contrary, any sign erected pursuant to the provisions of this article may, at the option of the applicant, contain either a non- commercial message unrelated to the business located on the premises where the sign is erected} or a commercial message related to the business and located on the business premises pursuant to the following regulations: (1) The non - commercial message may occupy the entire sign face or portion thereof. (2) The sign face may be changed from commercial to non - commercial messages as frequently as desired by the owner of the sign, provided that the following is true: a. The size and design criteria conform to the applicable portions of this article; b. The sign is allowed by this article; Page 40 of 43 Ordinance 21, 2010 c. The sign conforms to the requirements of the applicable zoning designation; and d. The appropriate permits are obtained. (3) For the purpose of this sign code, non - commercial messages shall never be deemed off - premises signs. Sec. 78 -292. Pole- mounted banner criteria. Pole- mounted banners shall only be permitted in public institutional, commercial, or mixed -use zoned areas for the limited purposes of brand identification or as a holiday decoration; provided the following conditions are met: (a) A miscellaneous plan approval by city council is required for all pole- mounted banner programs, except those installed on city property by the city. Any additional pole- mounted banners, graphics, locations, or increase of sign square footage other than what was previously approved by city council requires a new miscellaneous plan review approval. As part of the application process, the applicant must complete a detailed sign program to include: 1. A copy of a current site plan showing all the proposed locations where the pole- mounted banners are to be placed; 2. The light pole detail upon which the pole- mounted banner is to be located; 3. The pole- mounted banner's copy shall be limited to the name of the development, the development's logo, and the development's branding, which does not include any individual business name, tenant, or individual business' logo. 4. All graphic designs, variations, and /or seasonal sets of the banners must be provided for city council review and approval in accordance with the criteria set forth herein. City council may prescribe specific time periods during which a particular seasonal set of banners may be displayed if approval of more than one set of banners is sought by the applicant. (b) The program must satisfy the following requirements: 1. Pole- mounted banners must be located on an existing light pole; 2. One (4} pole- mounted banner per light pole may be permitted; 3. Pole- mounted banners on light poles shall be two -sided with the identical design on each side; Page 41 of 43 Ordinance 21, 2010 4. Trees, palms, or shrubs shall not be pruned beyond the limits of the city codes or accepted maintenance standards in order to facilitate the placement of any banners; 5. Banners shall not interfere or block any existing or future traffic or pedestrian controls or signage; 6. Within 24 hours of announcement of a tropical storm or hurricane watch by the National Hurricane Center, which places the city within the "3 -day cone of probability," all pole- mounted banners shall be removed; 7. The city may require the removal of any pole- mounted banner should the city find that the pole- mounted banner is in a state of disrepair or is not being maintained appropriately with respect to accepted maintenance standards (e.g., not faded, free from rips and tears, properly attached, untattered, and generally in a state of good repair). The applicant shall either remove or replace the banner within ten 0-0) calendar days of being noticed; 8. All poles holding or supporting pole - mounted banners shall require a building permit in order to verify the safety and wind loads of the banners; 9. Pole- mounted banners shall only be interior to a particular site or development and shall not be placed in an area immediately adjacent to a public right -of -way; 10. Light poles with pole- mounted banners shall be a minimum of fifteen (15) feet from the property line, and no portion of the pole- mounted banner shall extend into or be visible from a public right -of -way immediately adjacent to the property or development upon which such pole- mounted banners are located; 11. The minimum clearance of banners above the finished grade shall be eight (8) feet; 12. Non - rectangular pole- mounted banners shall conform only to the maximum banner area criteria providing that a minimum clearance of eight (8) feet above the finished grade is maintained; Page 42 of 43 Ordinance 21, 2010 13. Banner Size: a. Pole- mounted banners on light poles shall meet the following dimensions: Height of Maximum Maximum Light Pole Banner Area Dimensions 20 to 25 feet 21 square feet 3 feet width by 7 feet = length Less than 20 4.5 square feet 1.5 feet width by 3 Meet feet length b. A banner's highest point shall not exceed the highest point of the pole upon which it is mounted. Secs. 78-293-78-300. Reserved. Sec. 78 -751. Definitions. Sian, Event Sianaae means temporary sianaae used to notify the public that a special oc!Qasion and /or a special sale is taking place but does not meet the definition as a special event. Sign, Right -of -Way Banner means sianaae that has letters, illustrations, or drawinas that are applied to fabric or vinyl and are attached to a street pole or light pole in the public right -of -way, the placement of which has been properly permitted by the aovernment aaency that owns the right -of -way. urface area means the area of the facade upon which a sian is located and includes he rectanale created by vertical walls or building edges and architectural features such as oors, windows, bandina, or other architectural elements located above or below the proposed sign area. T 4ibiay triangles laka: safe site distance triangles) the area at the corner of two intersectina roadways or a roadway and driveway where placement of visual Qbstruglions, such as landscaping or signs shall be limited. [NOTE. Four new definitions related to the sign code are proposed for the Definitions section.] Page 43 of 43 Ordinance 21, 2010 STAFF ANALYSIS The purpose of proposed amendments described above is to bring the City's sign code up to date, and to make the regulations and their enforcement more effective. The modifications will also reduce the number of waiver requests by allowing additional signage for types of signs commonly granted waivers. This will simplify some of the more common signage requests from residents and business community, and make regulating, enforcing, and processing requests for signs more efficient for staff. PLANNING, ZONING, AND APPEALS ACTION At the July 20, 2010, meeting of the Planning, Zoning, and Appeals Board (PZAB), this item was postponed to a date certain time of August 10, 2010, at 6:00 p.m., to give the board and business community more time to meet with staff and further review the proposed amendments. On August 10, 2010, the Planning, Zoning and Appeals Board recommended unanimous approval by a vote of 6 -0. COUNCIL ACTION On September 16, 2010, City Council voted 4 to 0 to approve Ordinance 13, 2010, on First Reading, with an amendment to change the earliest installation date for election signs from 60 days to 30 days. Also, based on Council discussion regarding the possibility of signage clutter, the number of signs allowed on nonresidential parcels was changed from: "one sign per candidate or issue per nonresidential parcel" to "one sign per candidate or issue per 200 feet of frontage." A clarification was also added that a minimum of one political sign is allowed per property. In addition, political signs on nonresidential parcels shall be setback a minimum of eight feet from side property lines. RECOMMENDATION Staff recommends approval of Ordinance 21, 2010 on second reading. 1 ORDINANCE 21, 2010 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. AT 6 ARTICLE V. BY REPEALING DIVISION 7. SIGNS. AND 7 READOPTING SAME, AS REVISED, IN ORDER TO 8 COMPREHENSIVELY REVISE AND CLARIFY THE CITY'S SIGN 9 CODE; FURTHER AMENDING CHAPTER 78. AT SECTION 78 -751. 10 DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "SIGN, 11 EVENT SIGNAGE", "SIGN, RIGHT -OF -WAY BANNER", "SURFACE 12 AREA", AND "VISIBILITY TRIANGLES (AKA SAFE -SITE 13 TRIANGLES)"; PROVIDING THAT EACH AND EVERY OTHER 14 SECTION AND SUBSECTION OF CHAPTER 78. LAND 15 DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT 16 AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, 17 A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 18 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 19 20 21 WHEREAS, the City of Palm Beach Gardens sign regulations were last updated 22 in 2000 as part of the rewrite to the entire Land Development Regulations; and 23 24 WHEREAS, the City Council has determined that a need exists to update and 25 modify the signage, special events, and outdoor seating regulations in the City of Palm 26 Beach Gardens; and 27 28 WHEREAS, City staff has initiated an amendment (Petition LDRA- 10 -03- 000029) 29 to the City's Land Development Regulations amending Chapter 78. Land Development. 30 Division 7. Signs. and Section 78 -751. Definitions. in order to address the City Council's 31 concerns; and 32 33 WHEREAS, on June 17, 2010, the City Council discussed and provided direction 34 based on proposed amendments for Division 7. Signs. provided by staff and input from 35 the public; and 36 37 WHEREAS, the proposed code changes are consistent with previously - 38 discussed criteria; and 39 40 WHEREAS, on August 10, 2010, the Planning, Zoning, and Appeals Board 41 conducted a public hearing and recommended approval and adoption of the proposed 42 amendments to the City Council with a vote of 6 -0; and 43 44 WHEREAS, the City Council deems approval of this Ordinance to be in the best 45 interests of the health, safety, and welfare of the residents and citizens of the City of 46 Palm Beach Gardens and the public at large. Page 1 of 3 Ordinance 21, 2010 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 2 OF PALM BEACH GARDENS, FLORIDA that: 3 4 SECTION 1. Chapter 78. Land Development Regulations. of the Code of 5 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended by repealing 6 Division 7. Signs. in its entirety and readopting same as revised; providing that Division 7 7. Signs. shall hereafter read as set forth in Exhibit "A ", which is attached hereto and 8 incorporated herein. 9 10 SECTION 2. Chapter 78. Land Development Regulations. of the Code of 11 Ordinances of the City of Palm Beach Gardens, Florida is hereby amended at Section 12 78 -751. Definitions. by adopting the new definitions for "Sign, Event Signage ", "Sign, 13 Right -of -Way Banner", "Surface Area ", and "Visibility Triangles (aka Safe -Site 14 Triangles) ", which shall be placed within Section 78 -751. in alphabetical order; providing 15 that the new definitions set forth hereinabove shall hereafter read as set forth in Exhibit 16 "B ", which is attached hereto and incorporated herein. 17 18 SECTION 3. All ordinances or parts of ordinances in conflict be and the same are 19 hereby repealed. 20 21 SECTION 4. Should any section or provision of this Ordinance or any portion 22 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 23 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 24 25 SECTION 5. Specific authority is hereby given to codify this Ordinance. 26 27 SECTION 6. This Ordinance shall become effective immediately upon adoption. 28 29 30 31 (The remainder of this page intentionally left blank) 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 21, 2010 PASSED this day of , 2010, upon first reading. PASSED AND ADOPTED this day of 2010, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: David Levy, Mayor Robert G. Premuroso, Vice Mayor Joseph R. Russo, Councilmember Eric Jablin, Councilmember ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: R. Max Lohman, City Attorney GAattorney_ share \0RDINANCES\2010 \Ordinance 21 2010 - sign code -1.doc Page 3 of 3 M7ro'? %-AAr Ordinance 21, 2010 EXHIBIT "A" DIVISION 7. SIGNS* Sec. 78 -271. Intent and purpose. .(a) The purpose of this division is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and plearsant GOMMURiGatien between people and theiF eRYOFORFBeR the effective use of signs as a means of ommunication in the city and to avoid the visual clutter that is pateRtiall harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this division to autheFize t e use ef signs, provided they aFe Gempatible with their surre-indingr, appmpriate to the aGtivity that displays them, expFessive of the identity of the individual aGtivitier, and the GOFAFAURity as a whole, and legible in the &GUmstanoes in whiGh they aFe seen enable e fair and consistent enforcement of these Sian reaulations and to promote the iml2lementation of the city's comprehensive future land use plan. Additionally, it is the intent of this division to provide reaulations which achieve the following: (1) Property value protection. Signs should not create a nuisance to the occupancy or use of other properties a$ a result of their size, height, briahtness. or movement. Signs shall be in harmony and compatible with the buildings, uses, and other conformina sians in the zoning district. (2) Communication. Signs shall not deny other persons the use of sight lines on public rights -of -way. shall not obscure important public messages. and shall no overwhelm or distract the traveling public. (3) Preservation of community's beauty. Palm Beach Gardens includes numerous planned developments with large landscaping buffers consisting of small and larae office, retail, residential, and industrial uses, and relies heavily on its natural surroundinas and beautification efforts to retain the City's economic viability. This concern is reflected by the active and obiec_tiv_e regulations of the appearance and design of signs. 4) Protection of the public health, safety, and welfare. It is the specific intent of is division to provide objective, content - neutral reaulations of time, place, and manner in order to preserve and protect the public health, safety, and welfare. A -1 Ordinance 21, 2010 (b) Regulations strictly enforced. It shall be unlawful for any persons to post. display, change, or erect a sian or sign structure that requires a permit without first having obtained a permit in accordance with section 78 -276. Signs or sian structures erected without a valid permit shall be deemed in violation of this chapter, and it shall be mandatory to obtain the applicable permit, or remove the sign or sign structure immediately. All signs not expressly permitted by this chapter are strictly prohibited. (c) Severability. (1) Generally. It is the declared legislative intent of the city council of the Citv of Palm Beach Gardens that if any part, section, subsection, paragraph. subparaaraph, sentence, phrase, clause, term, or word of Division 7. Signs. is declared unconstitutional by the final and valid iudament or decree of any court of competent iurisdiction. this declaration of unconstitutionality or invalidity shall no affect any other part, section, subsection, paragraph, subparagraph, sentence. phrase, (2) Severability clause, term, or word of this division. where less speech results. This subsection (c)(2) shall not be interpreted to limit the effect of subsection (c)(1) above, or any other applicable severability provisions in the land development code or any adopting ordinance. The city council specifically intends that severability shall be applied to these sign reaulations even if the result would be to allow less speech in the city, whether by subeecting (3) Severability currently exempt sians to permitting of provisions pertaining or by some to prohibited other means. sians. This subsection (c)(3) shall not be interpreted to limit the effect of subsection (c)(1) above, or any her applicable severability provisions in the land development code or any opting ordinance. The city council specifically intends that severability shall be applied to section 78 -284. prohibited signs and prohibited sign locations. so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional (4) Severability or invalid. of prohibition on off - premises signs. This subsection (c)(4) shall not be interpreted to limit the effect of subsection (c)(1) above, or any other applicable severability provisions in the land development code or any adopting ordinance. If any or all of Division 7. Signs. or any other provision of the city's land development code is declared unconstitutional or invalid by the final and valid iudament of any court of competent iurisdiction, the city council specifically intends that that declaration shall not affect the prohibition on off - premises sians in Section WIVIZI Sec. 78 -272. Application. The regulations of this division shall apply to all signs within the city. I Ordinance 21, 2010 Sec. 78 -273. Nonconforming signs. (a) Retention of existing signs. Every legal sign existing as of , 1-999 entember 30. 2010, and which is a type of sign not permitted in this division or is not consistent with the requirements of this division may be continued or retained until januaFy 7, 2000 entember 30. 2016, seuRGit. (b) Expiration, removal, and exempt signs. Upon expiration of the time period stated in subsection (a) above, all affected signs shall be removed immediately by the property owner. Signs exempt from this requirement are listed below. (1) PUD signs. Signs which have been specifically approved as part of a PUD, PCD, or site plan within a PCD. (2) Flat wall signs. Existing flat wall signs below the third floor of a multiple-story building or the roof line of two -story office buildings shall be allowed to remain indefinitely. However, these signs are subject to the nonconforming, structure provisions of section 78 273 78 -715. — (3) Residential development signs. Signs located within residential zoning districts which indicate the name of a residential subdivision or development. (4) Certain nonconforming signs. Signs made nonconforming by sign regulation revisions adopted by 0FdiRaAGe 25, 1999. Ordinance 21. 2010 are subject to the nonconformina structure provisions of section 78 273 7B-71-5. (5) Annexation. a. Any permanent sign existing on property annexed into the city, not permitted under this division but lawful at the time of annexation, shall be removed, or otherwise brought into compliance. no later than six years from the date the city comprehensive land use plan change affecting the property is adopted by the city council. b. Temporary signs which are not permitted by this division shall be removed within 60 days from the date of adoption of the comprehensive land use plan amendment which pertains to such property. (c) Amortization. The time period provided in this subsection is for the purpose of amortizing the costs of a sign created or existing on or prior to adoption of the ordinance from which this section originally derived by virtue of lease of location or sign space, Q throuah annexation into the city. A -3 Ordinance 21, 2010 Sec. 78 -275. Addresses. All residential and nonresidential structures shall post the building address in a location viewable, readable. and unobstructed from the adjacent public or private right -of -way. The size of residential address numbers shall not be less than four inches, or exceed six inches in height, or as otherwise approved by the addressing committee based on setback from or width of riaht -of -way. The size of nonresidential address numbers shall not be less than eight inches or exceed 12 inches in height, or as otherwise approved by the addressing committee or the master signage program based upon the specific height of the building to which the numbers and letters are attached, or setback from or width of right -of -way. In cases where there is no adjacent riaht -of -way, or for other reasons of public health, safety, or welfare, the addressing committee may use its discretion to determine the appropriate location and size of addresses. Sec. 78 -276. Permits required, fees, and revocation. (a) Building permit required. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any permanent sign defined in this division without obtaining a building permit and paying the required fee. (b) Revocation. The building official is authorized to revoke any building permit if a sign is erected or installed that does not comply with the requirements of this division. (c) Maintenance and inspection. (1) Maintenance. All signs for which a permit is required, together with all supports, braces, guys, anchors, sign faces, and other structural and nonstructural members, shall be maintained in good condition and appearance, and in compliance with applicable building codes. The building off cfty may order the removal of any sign that is not maintained in accordance with this section. The removal shall be at the expense of the owner or lessee. Examples of unacceptable maintenance and repair include the following: a. Cracked, ripped, or peeling paint present on more than ten percent of the surface area of a sign; b. Bent, broken, loose, or otherwise insufficiently attached supports, struts, or other appendages; A -4 Ordinance 21, 2010 c. Partial illumination for more than 14 days; d. Obstruction of sign face by weeds, vines, tree branches, or other vegetative matter; and e. Maintaining a position that is more than 15 degrees from vertical for more than ten successive days. (2) The building official and /or code enforcement officers shall reinspect all signs erected within the city as often as deemed necessary. feinspest� Sec. 78 -277. Design requirements. All permanent signs shall be designed and constructed in compliance with applicable building codes. All electric wiring shall be installed underground, within building walls, or otherwise located so as not to be visible. Sec. 78 -278. Variances. (a) Variance allowed. The BZA-PZAB, consistent with the requirements of section 78- 53, may grant a variance from the strict application of this division. However. in no event all a variance be aranted to allow a sign type listed in section 78 -284. (G) b Exceptions. (1) PUDs and PCDs. The city council may, at time of development order approval or development order amendment, grant one or more waivers to the requirements of this division applicable to a PUD, PCD, or site plan within a PCD. (2) Compliance with intent and purpose. The city council may vary the size, setback requirements, and-number n• a of wed -signs in a PUD, provided the city council determines a PUD application complies with the general intent and purpose of this division. A -5 Ordinance 21, 2010 Sec. 78 -279. Removal of abandoned signs. Any sign which no longer is used to advertise a licensed business or a product sold on premises shall be removed by the owner of the property, building..-,, or structure upon which the sign is located within ten days after written notification from the building official. Upon failure to comply with the notice within the time specified in the order, the building official is authorized to cause removal of the sign. Any expense associated with the sign removal shall be paid by the owner of the property, building, structure, or premises to which the sign is attached or on which the sign is located. Sec. 78 -280. Removal of unsafe signs. If the building official determines any sign regulated in this division is unsafe, insecure, a menace to the public health, or constructed, erected, or maintained in violation of this division, a written notice of such determination shall be provided to the property owner. The owner of the property has ten days following receipt of the written notice to remove, repair,, or otherwise alter the sign so as to comply with this division. If the sign is not removed, repaired} or otherwise altered to comply, the necessary removal or improvements shall be carried out by the building division at the expense of the owner of the property. The building division shall cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Sec. 78 -281. Owner to be charged for cost of removal by city. When the city has caused or paid for the removal of a sign, the actual cost of the removal shall be paid by the owner of property on which the sign is located. The cost of removal shall include accrued interest at the rate of ten percent per annum from the date of the completion of the work. Sec. 78 -282. Lien for costs of removal. if the full amount due the MY fGF Sign Femoval is Rot paid by the owneF Within 60 days aAfter the removal of such sign, the city shall cause to be recorded in the official record books a lien against the property. The lien shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Sec. 78 -283. Obstructions. Signs shall not be erected, installed, constructed, attached, or maintained so as to serve as an obstruction as noted below. (a) Ingress and egress. A sign shall not block any fire escape, or any window, door, or opening used as a means of ingress or egress. Ordinance 21, 2010 (b) Fire escapes and ventilation. A sign shall not be attached to a fire escape or be placed in such manner as to interfere with any opening required by the building code for ventilation. (c) Visibility triangles A sian shall not be placed in such a manner as to obscure sightlines within the visibility triangle at the intersection of two roads or a road and a priyate driveway in accordance with the city's intersections regulations in section 78 -508 (d)._ No sign located within a visibility triangle shall exceed 30 inches in height as measured from the surface of the nearest vehicular traffic area {s} dLCity property. Signs shall not be allowed on city property or rights -of -way within the city unless specifically authorized by the city council. Any signs not authorized on city property or rights -of -way shall be immediately removed by the city, and the costs of such removal shall be borne by the parties responsible for the installation. (4) LelOther governmental agencies. Other governmental entities which have jurisdiction or control of public righta -of -way may install signs within such rights -of -way. Any signs that are not authorized on such rights -of -way shall be immediately removed by the city or governmental agency, and the costs of such removal shall be borne by the parties responsible for the installation. Sec. 78 -284. Prohibited signs and prohibited sign locations. (a) General. The signs described below, unless otherwise provided in this section, are prohibited and shall not be installed or constructed within the city. (b) Off- prernise-s signs. Off -site or off - premises signs are prohibited. PY en the PF Gh the sign is loeated- Off -site or off - premises signs are at direct attention to a commercial business, commodity, service, product, or activity not n uckd. sold, offered, or available on the premises where such sign is located. e copy of which may be intended to be changed periodically. (c) Traffic oen 9I=rqqM=1Wi9n signs. Any sign which resembles, is similar to, or may be confused with any sign or device to control vehicular, bicycle, or pedestrian traffic is prohibited. (d) Obstruction of vision. Any sign installed or erected in a location, or at a street intersection, or in any street right -of -way so as to obstruct free and clear vision is prohibited. (e) Prohibited sign characteristics. Only passive -type signage shall be permitted. Unless otherwise permitted in section 78-285, �Saigns which incorporate animation; bFight or flashing lights, movement or motions caused by the wind, electrical, or mechanical means, flashing of elestreRis messages, or other real or apparent forms of motion are prohibited. A -7 Ordinance 21, 2010 (f) Prohibited illumination. Illumination of signs utilizing flashing, intermittent, rotating, revolving, oscillating techniques is prohibited. j" LOther prohibited signs. In addition to the prohibited signs indicated above, the following signs are prohibited in the city: (1) Awning signs, unless otherwise provided herein; (2) Bunting, pennants, streamers, and other similar signs or devices normally but not always installed in a series, designed to move with the wind, and usually attached to buildings, trees, ropes, poles, and similar structures; provided, however, the use of pole- mounted banners may be permitted in accordance with Section 78- 292.. -,*= (3) Murals, unless approved by city council; (4) Painted wall signs; (5) Sions created by illumination or shadow "tin (6) Changeable copy signs, of gaselifle with the exception of the following, which may be displayed as se# forth in this division: a. Gasoline price signs located on pump islands or on monument signs: c. Buildina directory signs; and d. Ground_ signs for government uses, public /private schools, and olleaes /universities located in Public /Institutional zoning districts: (7) Signs with extruded figures or elements; (8) Portable signs; (9)-- Reef -slg 40.) LBalloons} of balloon signs, or inflatable shapes or figures with or without pv: {-a 4) 1=Q Copies or imitations of official signs; Ordinance 21, 2010 (13) Exposed neen tubing; 44) 11 Beacons or searchlights; fW 1�2. Signs attached to an accessory structure; 46j 1Signs which emit sounds; 14) Exposed neon tubing. Nneon signs, and LED signs that emulate the general appearance of traditional neon signs, except as provided in section 78 -286; (48)=Signs which emit visible smoke, vapor particles, or odor; (a- 9)=Sandwich board or "A" -frame signs and pole sians except as otherwise provided herein: (2-A) 17�Signs which exhibit obscene or illegal written messages or material; k24-) Snipe signs OF similaF teFnpeFaFy signs attached, posted. or located on or to any-trees, light poles, utility poles, street light. sidewalk, curb, fire hydrant. ridge, or any other public property, except for public utility, convenience. and warning sians (22} 1=. Signs placed upon benches, bus or transit shelters, or waste receptacles, unless specifically approved by the city council; (20) Signs and sign structures which are not properly maintained or have been abandoned:and (24) ?Any other sign, device, or equipment WhiGh attFaGt6 attention, exeluding these signs allowed not specifically permitted by this division. Ordinance 21, 2010 Sec. 78 -285. Permitted signs. Permanent signs shall be permitted as provided in Table 24. TABLE INSET: Table 24: Permanent Signs A -10 Maximum Permitted Max. Size of Max. Maximum Sign Type Zoning Coj2y Area Sign Number of Structure Other Limits Districts (S -Ft) Faces Signs Dimensions (1) -Requires solid base not less than three feet high w /out sign copy, address numbers or leasina information as reaulated by sec. •1 for first 78 -290. Temporary 300 lineal -Sign copy not to Ground Sign Non- 60 � feet of ROW identification Height: 10 feet exceed building and (2) residential" f 2 -1 for-each Width: 15 tree � tenants additional feet (not includina 700 lineal leasing information) feet of ace. ROW: -Tenant names shall be at least 6 -inch letter height. -Min. 15 feet setback from ROW. -Min. 50 feet setback from non - ROW property lines. A -10 Ordinance 21, 2010 A -11 Permitted Max. S+ze -4 Max. Maximum Maximum Sign Sign Type Zoning Gepy AM- Sign Faces Number of Structure Other Limits Districts (Sq. Fmt) Signs Dimensions (1) 1 for parcel with at least 100 lineal feet of ROW; A buildina with -Sign letters shall not exceed 36 f�ontaae on inches in height. 1 -95 or the -Sign for building Florida and tenant may have a identification Flat/Wall purposes. •NMT one name or sian facina I- 95 or the Sgn for Sign for message may be Principal Structure or Non - residential (3)- square feet 1 None included. Principal -Each principal addition to Tenant > structure is allowed a flat or wall sign. nrimary -Wall sign cannot street. The exceed more than 70 percent of the sian facina 1- immediate vertical g5 or the Florida and horizontal Turnpike surface area to located which attached. (3) second GIs -Sign must face ROW or primary NMT 5% of entrance. area of -Uniform type, color, elevation of material, shape & Flat/Wall tenant space style. Sign for Non- or bay. In no 1 per tenant -Letters NMT 24 Ground Floor residential case shall 1 space or None inches. Users 3 copy exceed bay,. None -Max. 2 lines of feeL copy. •Signs shall not be whichever is located above less. second floor line or above building parapet. A -11 Ordinance 21, 2010 A -12 ►� <- -• •r a -.u.0 �r r • u •- .. r r• - -r WMITOUI r• . rr11 Lei -r- • -• • -• • •u - • -r. r• A -12 Ordinance 21, 2010 Sign Type Permitted Zoning Districts Max. Size gL Copy Area Max. Sign Faces Maximum Number oL Sj= Maximum Bign- Structure Dimensions (1) Other Limits (Sq. R) Non- residential NMT 5% of 1 1 Per tenant None •A roof sign is Permitted only as a substitute for a wall sign. not in addition to a wall Sian. my for Principal area of elevation of tenants or tenants tenant space or bay, In no case shall with over 5.000 gross leasable square feet, • ian letters shall for one -story copy exceed with over Oleasable ss not exceed 36 inches in height for buildings with sa manrd or hiD roofs (41 feet tenants, or square feet. principal tenant: 24 inches for other tenants• - *Sian must face ROW or Drimary entrance. oof sians must be ZQ square feet for other tenants whichever is lem individual letters • oof sign supports shall be painted to match the roof. • abinet sians are not permitted. Sign Non- residential Lesser of 100 square feet or 20% of gross glass area. - 1 � business, - GF- - on Ne None •NMT 52.Q% of total glass area allowed fof tee; -bed sardsz& telephone- numbers to be covered by window �i ss ° of tetal �lewed- •loot more than 50% of any single window or ass door may be covered by sians All sign materials must be permanent. •Paper, cardboard, etc., are prohibited. *Signs allowed in ground floor windows oniv. A -13 Ordinance 21, 2010 A -14 Maximum Permitted Max. Size of Max. Maximum skn- Sign Type Zoning Sign Number of Structure Other Limits Districts (Sq. R) Faces Sims Dimensions (1) -Must be attached to wall. -Must be framed or matted. -Not included in area Menu Sign Non- 4 square 1 per for window signs. (Wall- residential feet 1 restaurant None - Enclosed in frame mounted) or casing compatible with building design and color. - Casing shall not project more than 2 inches from wall. 1 per restaurant. - Constructed of Additional durable materials. signs -May be pole =_ permitted if mounted, "A"= _frame, Menu Sign outdoor Height: 5 or sandwich board. (free- Non- 15 2 seating feet -May include name, standing) residential feet areas are Width:3 feet hours, credit card, either menu, and price separated information. by 6 feet -Must be stored high wall or inside restaurant not visible to when closed. each other. 1 per building gLt directional Building -Max. 4 feet above Directions! Non- 4 square 2 -- square feet Height: 4 crown of paving or Sign residential feet feet. road. of total b�aildifl. proiect. A -14 Ordinance 21, 2010 A -15 Maximum Permitted Max. Size gi Max. Maximum Sign Type Zoning Copy Area Sign Number gt Structure Other Limits Districts (5q. Ft) Faces SIB Dimensions (1) -Max. 3 feet above crown of paving or road. Saris located within a visibility Idanale shall not 1 per exceed 30 inches in eiaht measured from the surface of the nearest Exit and Non- 4 square 2 approved Neae . vehicular traffic Entrance residential feet entry or a. am. Signs exit. 2 feet from property line. *Copy limited to EXIT, ENTRANCE, EXIT ONLY, etc. *Internal illumination only. •Shall be klocated in landscaped area. -Drive-through restaurants only. -Internal illumination only. -May include changeable copy- -Must be landscaped Menu Board Non- 20 square 2 1 per Height: 5 feet consistent with division 7-A_of article residential feet restaurant Width: V. None •Located NMT 100 feet from principal building. -May have remote or electronic service. -Shall not be located adjacent to residential zoning districts. .May include changeable copy. Gasoline 15 square 2 1 *May be integrated into another sign. Price Sign feet None *Sign with price integrated shall not exceed permitted sign size. A -15 Ordinance 21, 2010 A -16 M M Maximum Permitted Max. Size gi Max. Maximum Sign Type Zoning Copy Area Sign Number 9L Structure Other Limits (,Sq. FQ Districts Faces 10i Dimensions (1) 'May be suspended from soffit or eave. -Must be parallel to soffit or eave. Occupant Non- 6 square -Min. clearance of 8 residential al feet 2 1 None feet from bottom of Sign sign to top of walkway. -Located at main entrance. May be externally illuminated. -2 or more buildings on same parcel or development. 1 per -internal illumination building with only. tenant or - Located within a Building business Height:6 25 =feet radius of Directory 18 square 1 spaces not feet main entry to Sign feet directly Width: building. accessible None -May be a from changeable copy building sign. exterior_ -Shall be placed in landscaped area. - Vehicle pull -off may be required. -Only time and Time and Non- NMT 25% of Permitted temperature may be Temperature Sign residential total sign 1 only as part of a wall or None. displayed. -Size to be included area flat sign. within overall size of principal sign. Commercial Pole- mounted and/or Mixed Use 21 square 2 1 per light pole and /or 3 feet width 'Meet all requirements in Banner and /or feet pedestrian by 7 feet length section 78 -292 Public pole_ Institutional A -16 1.1 Ordinance 21, 2010 Sign Type Permitted Zoning Districts Max. Size of Coov. Area (Sq. Ft) Max. Sign Faces Maximum Number Q So Maximum skn- Structure Dimensions (1} Other Limits Perimeter Wall or Entry Feature Signs for Residential Development Residential;_ Mixed Use 60 square feet 1 � _� % a-e walt;- oF 1 peF eR4 2-ML community None. - Letters may not exceed 24 inches in height. -Illumination limited to backlighting with opaque letters or ground lighting for letters. - Residential entry feature signs to sbal be approved by city council. entranceway 1 sign on either side in_ median of entrance, or 1 sign in center median of community entrance Chanaeable copy /digital Public/ Institutional 60 square- 2- 1 Heiaht: 10 • Only allowed for government uses. public /private schools, and colleges /universities m Public/ Institutional zoning districts. !Requires solid base around Sian feet Width: faet 15 feet not less than three feet hiah wlout sign QQPY- •Min. 15 feet setback from ROW. -Min. 50 feet setback from non - ROW property lines. Notes to Table 24. *Non - residential tincludes commercial portion of residential PUDs or PCDs. ROW = Public road right -of -way. NMT = Not more than. (1) Height measured from average grade unless otherwise noted. "'nett°° to Table " 0 Ground sign must be landscaped as provided below. a. Front: minimum width shall be not less than the height of the sign. b. Side: minimum width shall be not less than the height of the sign. A -17 Ordinance 21, 2010 c. Rear: minimum width shall be three feet. .. - -- (3) For commercial, retail. or commercial portions of proiects within Mixed Use land use desianations that front directly on a major roadway (arterial or collector) with no front parkina, one additional sian is allowed on the rear elevation of buildings, as Iona as e customer parking and access is located in the rear. (4) Only for buildings existing as of September 30, 2010. Sec. 78 -286. Illumination. (a) Permitted illumination. (1) Nonresidential zoning districts. Ground, flat, or wall signs shall be illuminated utilizing the following: backlighting, internal lighting, or permanently fixed and encased lighting from below, and external to, the sign surface. External lighting greater than 15 watts is prohibited unless properly shielded to prevent glare upon adjacent public rights -of -way or adjacent property. The department may require PhetegFaM6tFis photometric or other studies to ensure sign lighting will not adversely affect the public health, safety, and welfare. (2) Residential zoning districts. Only backlighting with opaque lettering and permanently fixed and encased face lighting from below the sign surface shall be permitted in residential zoning districts. (b) Neon signs and LED signs. Neon and /or LED signs are permitted within a building, provided such signage is not visible from a public right -of -way, except as otherwise provided herein. (c) Permitted neon signs. An exposed neon sign or LED design which emulates the appearance of a neon sian may be displayed and be visible from a public right -of -way so Iona as 11 \ total sign area shall not exoee d three square feet . ;;, M M :.14 (3) For commercial, retail. or commercial portions of proiects within Mixed Use land use desianations that front directly on a major roadway (arterial or collector) with no front parkina, one additional sian is allowed on the rear elevation of buildings, as Iona as e customer parking and access is located in the rear. (4) Only for buildings existing as of September 30, 2010. Sec. 78 -286. Illumination. (a) Permitted illumination. (1) Nonresidential zoning districts. Ground, flat, or wall signs shall be illuminated utilizing the following: backlighting, internal lighting, or permanently fixed and encased lighting from below, and external to, the sign surface. External lighting greater than 15 watts is prohibited unless properly shielded to prevent glare upon adjacent public rights -of -way or adjacent property. The department may require PhetegFaM6tFis photometric or other studies to ensure sign lighting will not adversely affect the public health, safety, and welfare. (2) Residential zoning districts. Only backlighting with opaque lettering and permanently fixed and encased face lighting from below the sign surface shall be permitted in residential zoning districts. (b) Neon signs and LED signs. Neon and /or LED signs are permitted within a building, provided such signage is not visible from a public right -of -way, except as otherwise provided herein. (c) Permitted neon signs. An exposed neon sign or LED design which emulates the appearance of a neon sian may be displayed and be visible from a public right -of -way so Iona as 11 \ total sign area shall not exoee d three square feet . ;;, M M :.14 Ordinance 21, 2010 Sec. 78 -287. General standards. The following standards are applicable to all permitted signs. (a) Sign materials. All lettering, logos} and other such identification markings on signage shall be permanent and not interchangeable, unless otherwise preved rovi herein. WKWLLandscaping. Ground signs shall be landscaped. The minimum landscape area dimensions are indicated below. (1) Front: minimum width of the landscape area shall be the height of the sign. (2) Side: minimum width of the landscape area shall be the height of the sign. (3) Rear: minimum width shall be three feet. Landscape areas associated with ground shall be irrigated, unless waived by the growth management department, and shall be maintained as required by section 78 -329. W Flags. Not more than three flags and three flag poles shall be located on any single property. , OF GGFPGFate entities. On any PFGpeFty, only one of eaGh peFmitted fiags may be di6played. A Fetail rGuba diving shop may di6play the Feeegnized srauba dive flag in lieu e#- a- peFitted -flag. Flag poles shall not exceed 25 feet in height. One flag per pole is permitted. The area of a flag shall conform to the requirements listed below. Additionally, no flag pole shall be located any closer to any property line than the height of the flag pole as installed The number, size, and height of flags and flag poles may be in reased with city council approval. TABLE INSET: Height of Flag Pole Maximum Flag Area Maximum Dimensions 20 to 25 Feet 48 4Q square feet 5 feet by 7 $ feet Less than 20 Feet 45 24 square feet 4 feet by 6 feet (e)0� Logos. Logos or any federally=-registered trademark may be permitted as part of a sign as follows: a;Ll Ilf designed as an integral part of the advertising copy; b; If consistent with an approved color scheme of the master sign plan; and A -19 elf displayed as registered. �d's�-' r — OR Dom r Figure 13a (f) Calculation of sign area. CHANNEL Wom aAa.E e L �9 Wom Ordinance 21, 2010 (1) Sign area. Sign area shall be calculated as illustrated in Figures 13a and 3h. The area of a sign face shall be calculated by means of the smallest rectangle that will encompass the entire area of a sign, including all letters, numbers, characters, logos, emblems, information, or other display. The sign area shall include any materials or colors utilized to differentiate the sign from the backdrop or structure on which it is placed, including all materials to form the cabinet or other structural members of the sign. Sign area shall not include any supporting framework, bracing, or decorative fence or wall when such wall is consistent with the requirements of section 78 -285. - -- - - - -� «M r � MULTIPLE T T • ELEMENTS __ —_ —�_ _____r _J - v000 Figure 13b (2) Sign area of multi -faced signs. Sign area for multi -faced signs shall be calculated as indicated below and in Figure 14. a. The area of a double_faced sign with sign faces that are parallel or the interior angle of the two faces is 15 degrees or less shall be calculated using the area of only one sign face. e Ordinance 21, 2010 is Qo/rmw N Lw1 •s o.pa"".W laws 1 NN! y ,. VAPOR P 8090 AN% FR VON 1s • OR UNDER 2 SQW 64N OVER If rWO m, x tm n" - ett3rt APE+ VJW# it tC WHr: 618W 1W► WOTH" x W1QHTs" UM AWA Figure 14 b. The area of a double-faced sign with sign faces having an interior angle of more than 15 degrees, the area of both sign faces shall be added together to determine total area of a sign. c. The sign area of multi -faced signs is calculated based on the principle that all sign elements that can be seen at one time or from one vantage point should be considered in measuring that particular sign face. Sec. 78 -288. Sign program. The growth management department may require any development order application for a PUD, PCD, MXD, or conditional use to submit an overall master sign program. The master sign program shall indicate location, n m r size, fQfn type inn, landscaping, and illumination of proposed signs. Sec. 78 -289. Exempt signs. W The signs listed below are permitted signs; and are exempt from the requirements of this division. (1) Mailboxes. Roadside mailboxes. A -21 VAPOR Eel Sec. 78 -288. Sign program. The growth management department may require any development order application for a PUD, PCD, MXD, or conditional use to submit an overall master sign program. The master sign program shall indicate location, n m r size, fQfn type inn, landscaping, and illumination of proposed signs. Sec. 78 -289. Exempt signs. W The signs listed below are permitted signs; and are exempt from the requirements of this division. (1) Mailboxes. Roadside mailboxes. A -21 Ordinance 21, 2010 (2) Residential identification signs. Residential building identification, displaying the name or property occupant or street address, provided such sign is less than four square feet. (3) No selisit+ng" arnin signs. Signs prohibiting peddlers or solicitors, indicating security such as burglar alarms, or "beware of bad animal' signs. Signs of this nature shall be located at the entrance of the building or residence, or adjacent to fenced areas. (4) Traffic control /traffic information. Traffic control, directional, and information /wad signs placed in public rights -of -way by federal, state, county, city, and other public agencies or at the direction of or as required by same. (5) Interior signs. Signs located within a building; and not visible from a public right -of -way. (6) Courtyard signs. Signs located on the exterior elevation of an interior courtyard, provided such signs are not visible from a public right- of -wayg let or abutting residential zoning district. (7) Vehicle advertising. Motor vehicles with business names, business addresses, telephone numbers, contractor certification numbers, logos, and similar information painted or embossed on vehicle surfaces, when otherwise permitted or required by law. Parking of such vehicles shall be limited as provided below. a. Motor vehicles} including, but not limited to, trucks, vans, and automobiles,. and any trailer towed by such vehicles, with business signage shall not be parked in eff Weet paFking aF any location for the rig mare purpose of advertising a business or service. b. SUGh YehiGles shall be parked On off Weet paFking areas in the reaF GF side The owners of commercial or industrial properties, or their leaal tenants, whose vehicles are registered, licensed, and fully operational for company use are exempt from section 78- 289(a)(7)a. for the purpose of parking such vehicles on site in the normal course of business. Sec. 78 -290. Temporary Sligns Aallowed. (a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25. (b) Approval. Temporary signs shall be approved by the building division ri . Signs not approved by the building division QAiy are subject to immediate removal by the city, at the expense of the owner. Temporary signs shall comply with the standards listed below. A -22 Ordinance 21, 2010 (1) Illumination. Temporary signs shall not be illuminated. (2) Setbacks. Temporary signs shall be setback at least 45 eight feet from the right -of -way line and side property lines, and must comply with section 78- 2831c). t (3) Maximum height. A temporary sign shall not be higher than five feet above the GFGWR of the Fead adjaGent to the sign average grade at the property line nearest the sign. (4) Permitted sign types. Only pole or sandwich - board -type signage shall be used for temporary signs. • __ 11 T A -23 Table 25: Temporary Signs TABLE INSET: Ordinance 21, 2010 Type of Sign Maximum Earliest Final Notes and Size Installation Removal Remarks (Sq. Feet) Date Date •Residential - 1 sign per candidate or issue per residential dwelling NoParcel, - _1 *Residential — sign per candidate or issue. none Not more than 30 days 1 Nonresidential _-1 prior sign per lGt` 200 linear to the election to which it relates or -Residential — PaFG81 feet of frontaae. the date of -Residential - candidate none the • A minimum of 1 sign Political* 6 square feet -Nonresidential - qualification. if applicable. after election per proper allowed. • Signs may not be 32 square feet -Nonresidential - 'Nonresidential placed on public 30 days befera - aZ days after property. MD-election -Signs may not be 0, qenwRl ' placed in public rights - � way. 9F Fef@f8 Same - Signs may not Si as obstruct vision at Residential. corners, intersections, etc. Applicable to federal, state, county, and local elections. A -24 Ordinance 21, 2010 Type of Sign Maximum Earliest Final Notes and Size Installation Removal Remarks (Sq. Feet) Date Date Residential - 1 sign W residential dwelli� -1 sign .l� e Gr-let Nonresidential - 1 sign per nonresidential parcel eNet. - Residential - -Sign may be installed 6 square feet in lieu of any permitted Free Speech - Nonresidential - None None nonresidential sign Sign * as permitted by -Signs may not be sign regulations placed on public property. -Signs may not be placed in public rights - of -way. -Signs may not obstruct vision at corners, intersections, etc. Sale -e€ Rmd 46— WheR PFGpe4yL- GIGGiAg _ Sale: Residential 6 Day open house Day open house Open House" begins closes Sale: Nonresidential 16 Day open house Day open house Open House begins closes Sale:- Rertien -ef tC46- When- buildong- deuelepMeRerdQ lssaed— 5 - days -after sleses— RARt AF A2 Building 46— When - huildi g- effarad eF development er-de issued - days -a€teF FeAte OF lwagt;d a� — aANaea- building- or development efdef issued— 5 days afteF 19� pem °} fentRd eF leased— -Reerning house signs excluded— A -25 Ordinance 21, 2010 Type of Sign Maximum Size (Sq. Feet) Earliest Installation Date Final Removal Date Notes and Remarks Development Sign 32 When complete development order application filed with city On receipt of first certificate of occupancy Project Suppliers/Itrades 32 Issuance of building permit On receipt of final certificate of occupancy •No more than two signs shall be permitted at one time. Grand Opening/ Project Opening/ New Businesses 32 7 days before event 10 days after opening or event -May be permitted as a banner. Outparcel /Phase Opening 32 7 days before event 10 days after opening €Sale -NGt- 46— at sale/event Wgae+aatier GAIY— €VerUsaleG Pfe#i� 46— - Mp- Special Event_ 7 days prior to event 2 days after event -In accordance with subsection 78 -187 b)(4)(a) 1 on -site sign may be permitted for each side of the Property that fronts a public riaht -of -way for no less than 50' linear feet. up to a maximum of 3 signs. Minimum 1 per property allowed. -May be permitted as a banner. Event Sia_naae /Sale for 16 7 days prior to event 1 day after event -Maximum 4 per calendar year per REQi99L P Q2 iaht -of -way Banner 30 days prior to event 2 days after event .Per section 78 -187 (4)(b), must be national. city. or city co- sponsored special event. -Must have authorization from applicable agency. Ordinance 21, 2010 Type of Sign Maximum Size (Sq. Feet) Earliest Installation Date Final Removal Date Notes and Remarks Name Change- �Q square feet of Issuance of t 60 days from issuance of permanent sign -Only canvas coverings of ground signs allowed. -Office and retail uses Si Gro Sian 40Coveud 1 • Mav be submitted application ( * *1 when swan permit for new Permanent n is _was submi d School /Day Care /Nursery 32 30 days before registration 3014 days after registration .Max 3 per calendar yeaL -May be permitted as a banner. Garage Sale_* 12 1 Oday before sale Day of sale 1 sign for the sale Q-Wde- SaleW&tes- �Allthe�ld+a� 46— Day We% sale 1 day afteF s Must Gemffly with csuesit- appreved Special Event Direction Signage 4 Day before event 1 day after event Must cep, seUnSil- approved a- dFninistFatiYe-po4Gy.— Construction Entrance 16 Issuance of land clearing, land alteration, or building permit On receipt of final certificate of occupancy NOTES TABLE ( *) Exempt from 25: fees and permit registration provided the sign complies with the requirements forth in Table 25 and the Florida Buildina Code, as applicaLLe-- ( * *) A written request for a 30 -day extension may be granted administratively provided the permanent sign is not completed but is in the process of completion. (6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign. j - - ' r •- -• •00741t Me, • • - - .•• -. .l _l• •- -• -- • •-• • • • • • • • (8) Hazard. A sian shall not directly or indirectly create a traffic or fire hazard or interfere with the free and unobstructed use of streets or sidewalks. A -27 Ordinance 21, 2010 (9) Permit. a A city temporary sign permit is required for all temporary signs except those exempt as shown in Table 25. b Nonresidential sale of portion of buildina, rental, or lease permit. 1. An application for temporary sianaae will be made with the city. All applications will be issued and renewed administratively by the citv. 2. If approved, a permit for temporary si n a will be i period of no longer than one year. A renewal permit may be submitted annually if the applicant is in compliance with the city's standards. 3 An administrative fee will be charged for the issuance of the temporary sianaae permit as regulated by the fees and charges schedule on file. 4. Standards. Sianage must be in compliance with all temporary sianaae standards and meet the criteria below. Size, i. Maximum sguare footage of the sign is 16 square feeL ii. Sian post. Post shall be a 4x4 treated -wood post or other acceptable material. The minimum number of posts shall be two. The posts shall be directly buried into the around at a minimum of two feet. Use of concrete is prohibited. iii. Backing. Sian shall be installed on a Y2 -inch plywood. Plywood shall be attached with weather - resistant screws iv, Color. The entire sign must be painted and have no more than two colors, including the letters. The colors of the sign must be consistent with the approved principal color of the development and /or buildina. c. An additional leasing sign not exceeding 12 square feet may be incorporated into the proiect's monument sign within the three foot required base, if provided. Letter size shall be no less than five inches for around signs. Must have no more than two colors and be consistent with the aeneraI esian of the monument sign. A sign permit must be submitted and approved by the city. ow Ordinance 21, 2010 (c) Removal. (1) Hurricane watch. Any temporary sign installed within the city shall be removed by the owner or city if a hurricane watch is posted. The city shall not be responsible for the replacement of such signage after a hurricane watch is discontinued. (2) Violations. The city shall have the right to remove any temporary signage in violation of this section. (d) Number. Each side of a property facing a public right -of -way is allowed one temporary signs as permitted in Table 25. Each side of a property facing a private right - -way may be allowed one temporary sign as permitted in Table 25 at the discretion of e growth management director, or desianee. (e) Prohibited materials. Paper, cardboard, or other such material subject to rapid deterioration shall not be used for any sign that is to be displayed for more than 30 consecutive days. Sec. 78 -291. Non - commercial messages. (a) Notwithstanding anything in this article to the contrary, any sign erected pursuant to the provisions of this article may, at the option of the applicant, contain either a non- commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises pursuant to the following regulations: (1) The non - commercial message may occupy the entire sign face or portion thereof. (2) The sign face may be changed from commercial to non - commercial messages as frequently as desired by the owner of the sign, provided that the following is true: a. The size and design criteria conform to the applicable portions of this article; b. The sign is allowed by this article; c. The sign conforms to the requirements of the applicable zoning designation; and d. The appropriate permits are obtained. (3) For the purpose of this sign code, non - commercial messages shall never be deemed off - premises signs. A -29 Ordinance 21, 2010 Sec. 78 -292. Pole- mounted banner criteria. Pole- mounted banners shall only be permitted in public institutional, commercial, or mixed -use zoned areas for the limited purposes of brand identification or as a holiday decoration; provided the following conditions are met: (a) A miscellaneous plan approval by city council is required for all pole- mounted banner programs, except those installed on city property by the city. Any additional pole- mounted banners, graphics, locations, or increase of sign square footage other than what was previously approved by city council requires a new miscellaneous plan review approval. As part of the application process, the applicant must complete a detailed sign program to include: 1. A copy of a current site plan showing all the proposed locations where the pole- mounted banners are to be placed; 2. The light pole detail upon which the pole- mounted banner is to be located; 3. The pole- mounted banner's copy shall be limited to the name of the development, the development's logo, and the development's branding, which does not include any individual business name, tenant, or individual business' logo. 4. All graphic designs, variations, and /or seasonal sets of the banners must be provided for city council review and approval in accordance with the criteria set forth herein. City council may prescribe specific time periods during which a particular seasonal set of banners may be displayed if approval of more than one set of banners is sought by the applicant. (b) The program must satisfy the following requirements: 1. Pole- mounted banners must be located on an existing light pole; 2. One pole- mounted banner per light pole may be permitted; 3. Pole- mounted banners on light poles shall be two -sided with the identical design on each side; 4. Trees, palms, or shrubs shall not be pruned beyond the limits of the city codes or accepted maintenance standards in order to facilitate the placement of any banners; 5. Banners shall not interfere or block any existing or future traffic or pedestrian controls or signage; 6. Within 24 hours of announcement of a tropical storm or hurricane watch by the National Hurricane Center, which places the city within the "3 -day cone of probability," all pole- mounted banners shall be removed; Ordinance 21, 2010 7. The city may require the removal of any pole - mounted banner should the city find that the pole- mounted banner is in a state of disrepair or is not being maintained appropriately with respect to accepted maintenance standards (e.g., not faded, free from rips and tears, properly attached, untattered, and generally in a state of good repair). The applicant shall either remove or replace the banner within ten calendar days of being noticed; 8. All poles holding or supporting pole - mounted banners shall require a building permit in order to verify the safety and wind loads of the banners; 9. Pole- mounted banners shall only be interior to a particular site or development and shall not be placed in an area immediately adjacent to a public right -of -way; 10. Light poles with pole - mounted banners shall be a minimum of 15 feet from the property line, and no portion of the pole- mounted banner shall extend into or be visible from a public right -of -way immediately adjacent to the property or development upon which such pole- mounted banners are located; 11. The minimum clearance of banners above the finished grade shall be eight feet; 12. Non - rectangular pole- mounted banners shall conform only to the maximum banner area criteria providing that a minimum clearance of eight feet above the finished grade is maintained; 13. Banner Size: a. Pole- mounted banners on light poles shall meet the following dimensions: Height of Maximum Maximum Light Pole Banner Area Dimensions 20 to 25 Ffeet 21 square feet 3 feet width by 7 feet length Less than 20 4.5 square feet 1.5 feet width by 3 Fleet feet length b. A banner's highest point shall not exceed the highest point of the pole upon which it is mounted. Secs. 78-293-78-300. Reserved. A -31 EXHIBIT "B" Sec. 78 -751. Definitions. Ordinance 21, 2010 Sian, event sianaae means temporary sianaae used to -nofify the ublicthat a soecial occasion and /or a special sale is takina place but does not meet the definition as a special event. Sian, right -of -way banner means sianaae that has letters, illustrations, or drawings that gre applied to fabric or vinyl and are attached to a street pole or light pole in the public riaht -of -way, the placement of which has been properly permitted by the government agency that h ri - f -w Surface area means the area of the facade upon which a sign is located and includes he rectanale created by vertical walls or building edges and architectural features such as doors, windows, banding, or other architectural elements located above or below the proposed sign area. Visibility triangles (aka safe -site distance triangles) means the area at the corner of two intersectina roadways or a roadway and driveway where -"I cement of visual obstructions, such as landscapina or sians. shall be limited. -C mil CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 30, 2010 MISC- 10 -07- 000073 Resolution 56, 2010 SUBJECT /AGENDA ITEM Resolution 56, 2010 PGA Marina Planned Unit Development (PUD) Consideration for Approval: A request from PGA Marina Center, Ltd., to approve an amendment to the PGA Marina PUD to increase the number of boat storage areas, and modify the site and landscape plan. The subject site is located at the northwest corner of PGA Boulevard and the Intracoastal Waterway. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by- Originating Dept.: Finance: City Council: C y: Planning and Zoning: Finance [ ] Approval Administrator: [ ] Approval w/ Conditions Ma/Lohman, Esq. Resource Manager: [ ] Denial A2:- N/A Allan Owens [ ]Continued to: Development Compliance: 1 Allyson Black areh K. Wolfs, AICP Project Manager: Accountant: Director of Planning and 5 Zonin Kate Wilson, Planner Sarah Varga Attachments: [X] Quasi — Judicial Fees Paid: [X] •:• Location Map Nata ie M. Wong, AICP [ ] Legislative Yes ❖ Project Narrative [X] Public Hearing ❖ Resolution 56, 2010 •:• Reduced Plans Budget Acct-#: Advertised: [ ] Required N/A Approved By: [X] Not Required Cit a ager Z Affected Parties: Ron4 M. F rris [ ] Notified [X] Not Required Meeting Date: September 30, 2010 Resolution 56, 2010 Page 2 of 5 BACKGROUND Ordinance 31, 1997 approved the PGA Marina PUD to allow the following: 264 dry storage slips, 20 wet storage slips, a 36,355- square -foot boat warehouse building with an accessory 600- square -foot marina store, a 2,244- square -foot boat sales building, a 1,250- square -foot two -story commercial building, 52,100 square feet of outdoor sales area, and 46,050 square feet of outdoor storage area. A subsequent Administrative Amendment was approved in 2006 allowing an increase in the number of dry storage slips on the site allowing a total of 394 dry slips, relocating and adding parking spaces, and increasing the amount of landscape open space. The proposed petition includes a request to add three (3) new boat storage areas, reduce the parking stall widths, and approve a waiver from the number of required parking spaces. In addition, the Applicant is proposing to add additional open space, enhance the existing landscaped areas, and improve the overall operations of the marina. The new boat storage areas will be used for the existing boats on site. The subject petition was initiated from a code enforcement citation, due to the fact that boats were being parked in vehicular parking spaces. The petition does not propose any additional boat slips; rather, it provides additional boat storage areas to assist with more efficient operations and addresses the issues raised by code enforcement. The Applicant has proposed changes to the storage areas and parking areas with consideration to the vehicular and boat traffic circulation on -site. With the proposed additional parking spaces and pavement markings, staff believes the marina will function more efficiently than current operations. LAND USE & ZONING The subject site has a Future Land Use designation of Commercial (C) with a zoning designation of General Commercial (CG1) and Planned Unit Development (PUD) overlay. (The remainder of this page left intentionally blank) Meeting Date: September 30, 2010 Resolution 56, 2010 Page 3 of 5 i ante i. burrounaing zoning & Lana use uesi nations EXISTING USE ZONING Subject Property PUD /CG1 C PGA Marina North Residential High (RH)/ Residential High (RH)/ Marina Gardens Residential Medium (RM) Residential Medium (RM) Soverel Harbour Marina CG1 C Riverhouse Restaurant CG1 C South Waterway Cafe CG1 C East Seasons 52 Restaurant PUD /CG1 C West Harbour Financial Center CG1 C CONCURRENCY No additional concurrency approval is requested with the subject petition. PROJECT DETAILS Site Details and Access PGA Marina is located at the northwest corner of PGA Boulevard and the Intracoastal Waterway and is approximately 7.2 acres. The subject site has two (2) existing vehicular access points from PGA Boulevard (see attached Location Map). The site shares vehicular access with the Riverhouse Restaurant, which is situated adjacent to the marina at the northeast corner. No change to the existing access is proposed with the subject petition. Parking The City's parking regulations (Section78 -345) requires commercial marinas to provide one (1) space per two (2) wet slips, one (1) space per five (5) dry slips, plus additional uses. This equates to 103 spaces, while 87 spaces are proposed. As a result of the lack of required parking spaces, the Applicant has requested a waiver from this requirement (see Waiver section). The Applicant has also reduced the widths of the parking stalls to nine (9) feet. Section 78- 344(2a) allows for a reduction in parking space dimensions if additional open space is provided at a ratio of 1.5 square feet for each square foot of reduced paved parking area. The Applicant has met this criterion. Meeting Date: September 30, 2010 Resolution 56, 2010 Page 4 of 5 Slgnage The Applicant is proposing to add pavement markings directing patrons to the designated parking areas, therefore redirecting cars through the site more efficiently. In addition, one (1) directional sign will be added at the western portion of the site directing marina patrons towards the marina parking areas. The traffic circulation improvements will make better use of currently underutilized parking areas. Landscaping/Buffering The PGA Marina site currently contains 18 percent open space, while 15 percent is required. The reduction of the parking stall widths requires that an additional 1,832 square feet of open space be provided. The additional open space proposed (1,832 square feet) will increase the overall open space on the site to 18.4 percent. Drainage No changes to the existing drainage are proposed with this petition. Waiver Request The Applicant is requesting one (1) waiver with this petition. 1) The Applicant is requesting a waiver from City Code Section 78 -345, Table 33, Required Off - Street Parking, to allow for a reduction of 16 spaces. The Applicant is proposing to provide 87 parking spaces, which equates to a ratio of one (1) space per three (3) wet slips and one (1) space per six (6) dry slips. Based on historical experiences of the PGA Marina, which consistently has a large number of boats in long -term storage, the number of boat launches is below the standards that would require parking at the ratio required by the City's LDRs. In addition, the marina is not set up to accommodate live- aboard boaters. While many marinas contain amenities such as showers, washers /dryers, restaurants, and other recreational services, PGA Marina does not include such amenities; therefore, it is not conducive to the typical live- aboard boater. The yacht sales operation has consistently been able to utilize the wet slips for the purpose of housing the boats that they have for sale. Parking demand for brokerage boats is very limited. The reduction in the parking requirements for the wet slips reflects this continued use. Although the parking demand for these slips is substantially lower, the Applicant is only requesting a reduction of one space per boat. Code Section Requirement Proposal Waiver Staff Support & Discussion 1 78 -345, Table 33 103 spaces 87 spaces 16 spaces Approval 1) The Applicant is requesting a waiver from City Code Section 78 -345, Table 33, Required Off - Street Parking, to allow for a reduction of 16 spaces. The Applicant is proposing to provide 87 parking spaces, which equates to a ratio of one (1) space per three (3) wet slips and one (1) space per six (6) dry slips. Based on historical experiences of the PGA Marina, which consistently has a large number of boats in long -term storage, the number of boat launches is below the standards that would require parking at the ratio required by the City's LDRs. In addition, the marina is not set up to accommodate live- aboard boaters. While many marinas contain amenities such as showers, washers /dryers, restaurants, and other recreational services, PGA Marina does not include such amenities; therefore, it is not conducive to the typical live- aboard boater. The yacht sales operation has consistently been able to utilize the wet slips for the purpose of housing the boats that they have for sale. Parking demand for brokerage boats is very limited. The reduction in the parking requirements for the wet slips reflects this continued use. Although the parking demand for these slips is substantially lower, the Applicant is only requesting a reduction of one space per boat. Meeting Date: September 30, 2010 Resolution 56, 2010 Page 5 of 5 Based on the above conditions, the proposed increase in required landscaping and the overall improvement of the marina's operations, staff supports the subject waiver request. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) On April 22, 2010, the subject petition was reviewed by the DRC. Since this time, staff has been working with the Applicant to address all comments. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On August 10, 2010, the subject petition was reviewed by the PZAB. The Board unanimously recommended approval to the City Council. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 56, 2010, as presented. LOCATION MAP PGA Marina 2401 PGA Boulevard PROJECT NARRATIVE PGA MARINA PUD AMENDMENT April 1, 2010 Amended June 23, 2010 Amended July 13, 2010 Amended July 19, 2010 Location /Request urban design kilday Urban Planning and Design Landscape Architecture Communication Graphics The subject site is an approximate 7.2 acre tract of land located at the northwest corner of PGA Boulevard and the Intracoastal Waterway. The site has a zoning designation of Planned Unit Development (PUD), with an underlying zoning of CG -1, and a Future Land Use Plan designation of Commercial (C). To the north of the site are the Soverel Harbour Marina and the River House restaurant which have CG -1 (General Commercial) zoning designations and Commercial Future Land Use Plan designations. To the east, are the Intracoastal Waterway and the Seasons 52 Restaurant which have a PUD zoning designation and a Future Land Use Plan designation of Commercial. To the south is the Waterway Cafe which has a CG -1 zoning designation and a Commercial Future Land Use Plan designation. West of the site is Harbour Financial Center, which also has a CG -1 zoning designation and a Commercial Future Land Use Plan designation. This request is for an amendment to the approved site plan to allow for a reduction in the number of parking spaces required per boat slip, a reduction in the width of regular parking spaces, modification to the location of parking spaces, the addition of additional open space, the improvement of site landscaping, and the designation of additional areas where boats may be stored. The proposed modifications will require the approval of one waiver to allow for the reduction in the required number of parking spaces. The proposed changes will not increase the number of boats that may be stored, but will allow for the storage of larger, wider and taller boats at ground level thereby maintaining the height limits required by the code. History The PGA Marina PUD was approved by the City Council with the adoption of Ordinance 31,1997. The original approval allowed 264 dry storage slips, 20 wet storage slips, a 36,355 s.f. boat warehouse building with an accessory 600 s.f. marina store; a 2,244 s.f. boat sales building; a 1,250 s.f. 2 -story commercial building., 52,100 s.f. of outdoor sales area, and 46,050 s.f. of outdoor storage area. April 21, 2006, an Administrative Amendment was approved On A p Pp 477 Suite S. Rosemary Avenue Suite 225 -The Lofts at CityPlace to allow an increase in the number of dry storage slips on the West Palm Beach, FL 33401 site to allow a total of 394 dry slips, to relocate and add parking 56N1.3udkstudios .366.1111 fax spaces and to increase the amount of landscape open space. wom LCCOO0035 PGA Marina PUD Misc. Amendment Currently the site development program includes the following: 394 dry boat storage slips 20 wet boat storage slips 600 s.f. marina store 2,244 s.f. boat sales building 1,250 s.f. 2 -story commercial building (yacht sales) 36,355 s.f. boat warehouse building /maintenance area 52,100 s.f. outdoor sales area 46,050 s.f. of outdoor storage area Phasing All proposed improvements will be completed in one phase. Access April 1, 2010 (Amended July 19, 2010) Page 2 The two existing access points along PGA Boulevard will remain unchanged with this proposed amendment. PGA MARINA SITE DATA * Waiver request Land Use The existing development is consistent with the Commercial Future Land Use Plan designation for the site. Approved Plans Proposed Acreage 7.2 7.2 Boat Warehouse 36,355 SF 36,355 SF Marina Ship Store (As accessory use to Marina) 600 SF 600 SF Boat Sales Commercial 2,244 SF 2,244 SF Yacht Sales Commercial 1,250 SF 1,250 SF Building Lot Coverage 12.5% 12.5% Boat Slips (Dry) (Wet) 394 20 394 20 Outdoor Sales Display 52,100 SF 52,100 SF Outdoor Storage 46,050 SF 46,050 SF Parkin 106 87* Open Space 18% 18.4% * Waiver request Land Use The existing development is consistent with the Commercial Future Land Use Plan designation for the site. PGA Marina PUD Misc. Amendment Surrounding Zoning and Land Use Analysis April 1, 2010 (Amended July 19, 2010) Page 3 EXISTING USE ZONING DESIGNATION FUTURE LAND USE PLAN DESIGNATION SUBJECT PROPERTY: PGA Marina PUD(CG -1) Commercial TO THE NORTH: Marina Gardens, RH /RM Soverel Harbour Marina, CG -1 (General Commercial and River House Rest. Commercial) TO THE EAST: Seasons 52 Restaurant PUD (CG -1) Commercial TO THE SOUTH: Waterway Cafe CG -1 Commercial TO THE WEST: Harbour Financial Center CG -1 Commercial Signage The proposed modifications to the site will not impact the existing signage. No changes are anticipated to the existing signage of either the Marina or the River House Restaurant. The applicant is proposing to provide additional signage and pavement markings to direct marina customers to parking areas on Marina property. Landscape Plan The applicant is proposing to increase the open space and landscape plarting on the site in four areas. The first area is adjacent to the northwest corner of the property adjacent to a large shade tree, the second is an area adjacent to the Yacht Sales office, the third is an area adjacent to the northeast property line between the boardwalk and the parking lot, and finally an area adjacent to the eastern entrance from PGA Blvd. The applicant is also proposing to replace and enhance the landscaping along the entire length of the north /south entrance drive which leads to the marina parking area and also serves as the access drive for the restaurant, and to extend the existing hedge to the east along the base of the bridge embankment. The first additional open space area is approximately 136.5 sf and is located east of and adjacent to an existing tree generally located in the northwest corner of the site. The plan proposes to remove the asphalt of the adjacent parking space and convert the pavement area into open space, incorporating the additional open space Brea into the existing planting area. The planting area has been designed to accommodate a bench, walkway and low shrubs to create a pleasant sitting area under the existing tree. The second additional open space area is approximately 194 sf and is located west of and PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 4 adjacent to the yacht sales office. The pavement area will be removed and additional landscaping will be installed around the existing tree and adjacent to the entrance to the building. The third area is approximately 396.2 sf and is adjacent to the north property line in the northeast corner of the site. The plan proposes to plant a hedge the length of the boardwalk between the boardwalk and the parking lot. The hedge will be broken with strategically placed crosswalks to allow boaters access to the marina. The fourth area of additional open space is approximately 238 sf and is located adjacent to the parking spaces at the easternmost entrance from PGA Blvd. This area will be planted with a hedge to assist in screening the parking spaces. The existing shrub planting along the entrance drive is proposed to be removed and replaced with a lush combination of shrubs and ground covers. Double Sabal Palms will be planted on either side of the intersection of the driveway leading to the restaurant. The site is required to provide 15 %, or 47,044 sf of open space. The site currently provides 18% open space. With the additional open space being provided, the site will have 18.4% or 57,708 sf of open space. The proposed parking stall width reduction requires that an additional 1831.5 sf of open space be provided to compensate for the reduction in pavement area for the 9' wide spaces. The site provides 10,633.5 sf of additional open space which exceeds that requirement. SITE ANALYSIS: PGA Marina Miscellaneous Application Comparison Proposed /Existing Consistent to CG -1 zoning Conditions district Maximum Height 36 feet 52' Existing Non Limit Conformity Minimum Site Area 1 acre 7.2 acres Yes Maximum Lot 35% 12.9% Yes Coverage Setbacks Front 50' 82' Yes Side Facing Street 40' n/a n/a Side 15' 121' Yes Rear 15' 12.5' Existing Non Conformity PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 5 SITE ANALYSIS: PGA Marina Miscellaneous Application Comparison Proposed /Existing Consistent to CG -1 zoning Conditions district Parking Waiver requested for Required 106 87 reduction in required parking Parking Space Size 10'x 18.5' spaces 9'x 18.5' spaces Additional Open Space provided Landscaping 20" Buffer along PGA 15' along PGA Boulevard Boulevard; 8' around (0' at the boat turnaround Existing Non Buffers east, west and northern area), 8' around the applicable north, and west Conformity property lines property lines WAIVER REQUESTS Boat Storage Slip Parking Stall Calculation (Section 78 -345) The applicant is requesting a waiver from Section 78- 345(x), Table 33: Required Off - Street Parking Spaces, of the City+s Land Development Regulations which requires a commercial marina to provide parking at a ratio of 1 space for every two (2) wet slips, plus 1 space for every five (5) dry slips. The applicant is requesting a waiver to allow a reduction in the ratio of required parking spaces to provide 1 space for every three (3) wet slips, and 1 space for every six (6) dry slips. The PGA Marina site has been in existence since the 1970's and under the current ownership since January 1998. Over the years, the applicant has seen the trend for longer, wider and taller boats become the standard for storage. In order to stay below the maximum height limit of 36' established by the LDR's, the applicant has been limited in his ability to stack the larger boats on the multi -level racks. As a result, the larger boats have been stored in the unused parking space areas. In an effort to bring the approved site plan into conformity with the actual needs and demands of the marina, this application is requesting a reduction in the required parking spaces to allow boat storage areas in the existing car parking areas. The applicant has through the years seen that the parking demand at the Marina is consistent year to year and is much lower than the standards required by the Land Development Regulations. The applicant understands that adequate parking is important to his customers and that PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 6 a shortage of parking is counterproductive to business. The applicant has a license agreement with the owner of the adjacent restaurant which allows their customers and patrons to park on each other's property during off hours. To address concerns regarding the applicability of this waiver request to future parking requirements, the applicant has proposed a condition of approval as follows: "if, in the future, the applicant, successors or assigns, requests approval to increase the number of boat storage slips currently allowed, the parking ratio waiver will no longer be applicable and will need to be re- evaluated. The re- evaluation of the parking ratio shall not however be more restrictive than that permitted by the current City of Palm Beach Gardens Land Development Regulations. The current national trend for live- aboard boaters is to moor at marinas that provide amenities such as showers, washers /dryers, and recreational amenities. There are none of those amenities for the wet slips provided at PGA Marina therefore the marina is not attractive to the typical live- aboard boating public. The yacht sales operation, however, has consistently been able to utilize the wet slips for the purpose of housing the boats that they have for sale. Parking demand for brokerage boats is very limited. The reduction in the parking requirements for the wet slips reflects this continued use. Although the parking demand for these slips is substantially lower, the applicant is only requesting a reduction of one space per boat. Based on the historical experiences of the PGA Marina, which consistently has a large number of boats in long term storage, the number of boat launches they have is below the standards that would require parking at the ratio required by the code. The utilization of the marina parking has consistently been far below the national and international standards. Documentation of the number of times the PGA Marina staff launch a boat over the last few years are in the attached Move /Launch reports. The attached "move /launch" reports reflect the number of times a boat is launched which correlates to the number of cars that need parking spaces. On average, the experience of the Marina shows a demand for 1.5 spaces per boat being launched. These reports reflect the maximum number of launches on the busiest days did not exceed 33 launches in any one day. With the parking spaces provided on the marina property, there will be approximately 2.6 spaces available per boat being launched on the weekends which is the busiest time of the week. The proposed parking plan would allow 43 boats to be launched, with two cars per boat. Please note that this calculation does not include the use of the parking spaces at the restaurant. It should also be noted that on the weekends, when the sales offices are closed, the parking ratio will meet and exceed the code requirements of 1 space per 5 boats for the dry slips. Establishing a standard for parking at a marina has been documented to be difficult at best because of the variety of variables that affect boat usage and parking demands. According to the Brevard County report "An Overview of Marina Use and Parkinq Standards ", attached to this application, "there is no universal rule for parking at marine facilities and any plan needs to consider the location, types of boats berthed, and activities at the marina ", and according to the "Guidelines for Car Parking at Marinas PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 7 and Launching Ramps by Ron Stone ". "the ICOMIA Marina Committee querying its members from more than 30 countries could find no national statistics anywhere for quantifying the number of parking spaces required for a marina ". The difficulty in establishing a standard ratio for parking at a marina is reinforced by the attached comparison chart which documents several municipal codes, ITE, and ULI standards. The standards are not consistent or applicable to the actual uses and needs at the PGA Marina. Also attached you will find launch records from several other marinas in the state. The widely different results of these records reinforce the conclusions that no two marinas seem to be consistent in their use or parking needs. The report "An Overview of Marina Use and Parking Standards ". states that for "sites with slip counts between 125 and 452 slips that 12% of the total storage capacity was the maximum launching ability on a daily basis ". This ratio applied to the dry slips at PGA Marina would indicate that a maximum of 47 launches could be made in one day. Parking demand at the marina is the highest on weekends when the yacht and boat sales offices are closed making all spaces available to boaters. Parking provided under this scenario would provide 1.85 spaces per launch. The Marina Store which is located conveniently for access to the launching area is an accessory use to the marina and does not generate traffic by itself. The patrons of the Marine Store are either already on site for another purpose, or they have arrived by boat and do not need parking. The launching docks or the seawalls provide temporary parking for that purpose and therefore on -grade parking has not been included in the calculation for the marina. Please note that the attached site plan has also been amended to include a parking space adjacent to the Marina Store. In addition to the spaces provided on the Marina property, a license agreement with the property owner of the adjacent restaurant property further increases parking options. Although parking spaces on the adjacent restaurant property may not be counted toward the required parking spaces, recognizing the ongoing cross parking agreement between the property owner of the River House Restaurant and the applicant is a reality in the evaluation of this waiver request. The agreements in place allow the owner of the restaurant to use the marina property at night, and allow marina patrons the use of the restaurant parking lot during the day. This ongoing agreement between the two property owners has been in existence since prior to the purchase of the marina by the current applicant and is mutually beneficial to both parties. Although the Marina patrons generally use the restaurant parking lot rather than the marina parking lot, the proposed parking plan provides enough parking on the Marina property to satisfy the demand historically required by the marina patrons. PGA Marina PUD Misc. Amendment April 1, 2010 (Amended July 19, 2010) Page 8 To address concerns of the adjacent property owner, the applicant has also agreed to the following: 1. Provide signage, directing marina customers to parking spaces on the marina property, and, 2. Send notices to the marina patrons with a map showing where parking is located on the marina property, and, 3. Remind marina patrons that parking their cars in the restaurant parking lot after 5:30 is not allowed, and that they may be subject to having their cars towed if they do not respect that limitation, and, 4. Provide carts near the more remote parking spaces to make it more convenient to haul their gear to their boat, and, 5. Require marina employees to park in the more remote parking spaces. 1 RESOLUTION 56, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE PGA MARINA PLANNED UNIT DEVELOPMENT (PUD), 7 LOCATED AT 2385 PGA BOULEVARD, AS MORE PARTICULARLY 8 DESCRIBED HEREIN, TO INCREASE THE NUMBER OF BOAT 9 STORAGE AREAS AND MODIFY THE SITE PLAN AND 10 LANDSCAPE PLAN; PROVIDING WAIVERS; PROVIDING 11 CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; 12 AND FOR OTHER PURPOSES. 13 14 15 WHEREAS, the City Council adopted Ordinance 31, 1997, approving the PGA 16 Marina PUD to allow 264 dry storage slips, 20 wet storage slips, and associated 17 buildings and sales areas; and 18 19 WHEREAS, an Administrative Amendment was approved in 2006 to allow an 20 increase in the number of dry storage slips on the site to allow a total of 394 dry slips, to 21 relocate and add parking spaces, and to increase the amount of landscape open 22 space; and 23 24 WHEREAS, the subject parcel has a General Commercial (CG -1) zoning 25 designation with a PUD overlay and a Future Land Use designation of Commercial (C); 26 and 27 28 WHEREAS, the Planning and Zoning Department has reviewed the application, 29 has determined that it is sufficient, and has recommended approval; and 30 31 WHEREAS, the City Council has considered the evidence and testimony 32 presented by the Applicant and other interested parties and the recommendations of 33 the various City of Palm Beach Gardens review agencies and staff; and 34 35 WHEREAS, the City Council deems approval of this Resolution to be in the best 36 interests of the health, safety, and welfare of the residents and citizens of the City of 37 Palm Beach Gardens and the public at large. 38 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF PALM BEACH GARDENS, FLORIDA that: 42 43 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 44 45 46 47 Page 1 of 4 Resolution 56, 2010 1 SECTION 2. The request by PGA Marina Center, Ltd. for approval of three (3) 2 new boat storage areas, a reduction of 16 required parking spaces, and additional open 3 space at the PGA Marina is hereby APPROVED on the following described real 4 property: 5 6 See Exhibit "A" for the Legal Description. 7 8 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida 9 hereby approves the following waiver: 10 11 1. Section 78 -345, Table 33, Required off - street parking, to allow a reduction 12 in the number of parking spaces from 103 to 87, a reduction of 16 parking 13 spaces. 14 15 SECTION 4. This petition is approved subject to strict compliance with Exhibit 16 "B" attached hereto and made a part hereof as follows: 17 18 1. Site Plan, Sheet SP -1 of 1, prepared by Urban Design Kilday Studios, dated 19 July 19, 2010. 20 21 2. Landscape Plan, Sheets LA -1 and LA -2 of 2, prepared by Urban Design 22 Kilday Studios, dated July 19, 2010. 23 24 SECTION 5. This approval is subject to the following conditions, which shall be 25 the responsibility of the Applicant, its successors, or assigns: 26 27 1. All landscaping and parking lot improvements shall be completed within six 28 (6) months from the approval date of the subject petition. (Planning & 29 Zoning) 30 31 2. The requested parking waiver has been evaluated based on data, 32 information, and justification of the subject petition. Any future proposed boat 33 slips will be reviewed as a PUD amendment, and shall include, but not be 34 limited to, a separate evaluation of any further potential parking impacts. 35 (Planning & Zoning) 36 37 3. Prior to the issuance of the infrastructure permit, the Applicant shall submit 38 signed /sealed /dated construction plans for review and approval. (City 39 Engineer) 40 41 4. The Applicant shall provide a signed and sealed pavement marking and 42 signage plan, or provide the same on the engineering plans; said plans must 43 be reviewed and approved by the City Engineer prior to the issuance of the 44 infrastructure permit. (City Engineer) 45 46 47 Page 2 of 4 Resolution 56, 2010 1 5. Prior to the commencement of construction, the Applicant shall schedule a 2 pre- construction meeting with City staff. Inspections related to the 3 infrastructure permit will not be performed until the pre- construction meeting 4 has occurred. In addition, failure to comply with this condition could result in 5 a Stop Work Order of all work/construction activity for the subject 6 development site. (City Engineer) 7 8 6. The Applicant shall comply with all Federal Environmental Protection Agency 9 and State of Florida Department of Environmental Protection permit 10 requirements for construction activities. (City Engineer) 11 12 7. The construction, operation, and /or maintenance of any elements of the 13 subject project shall not have any negative impacts on the existing drainage 14 of surrounding areas. If at any time during the project development it is 15 determined by the City that any of the surrounding areas are experiencing 16 negative drainage impacts caused by the project, it shall be the Applicant's 17 responsibility to resolve said impacts in a period of time and a manner 18 acceptable to the City prior to additional construction activities. The City may 19 cease issuing building permits and /or Certificates of Occupancy until all 20 drainage concerns are resolved. (City Engineer) 21 22 SECTION 6. This Resolution shall become effective immediately upon adoption. 23 24 25 (The remainder of this page intentionally left blank) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 3 of 4 Resolution 56, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN CITY OF PALM BEACH GARDENS, FLORIDA In David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \Resolution 56 2010 -pga marina.doc Page 4 of 4 Resolution 56, 2010 EXHIBIT "A" LEGAL DESCRIPTION A PARCEL OF LAND SMA4TF IN THE (NORTHEAST QUARTER (ME_ .K OF SECTION 'S. TOW SNP 42 S�OUTK RANGE 43 EAST, PALM BEACH COUNTY. FLORGk MORE FARTICULMLY DESCROED AS it7ki.om CMIMENCE AT THE SOUTHWEST OM ER OF SAID NORTHEAST QUARTER (AF J(); THENCE SOUTH 88' 26' 17" EAST, ALONG THE SOUTH LINE OF sw NoRmEAsr ouARTER AND TFIL: B45ELLME OF SURVEY FOR P.GA BOULEVARD AS SHOWN ON 7HE RIGHT- OF-WAY MAP THEREOIF RECORDED IN ROAD PLAT BOOK 5, PAGES 186 THROUGH 190. MLUSW. PUBLIC RECORDS OF PALM BEACH COOM, FLOI004, A DMANCE OF 12963.75 FEET; THENCE NORTH O1' J8' 37' EAST A DISTANCE OF 73.75 FEET TO THE NORTHERLY RIGHT --Mr -WAY LW OF SW P.GA BOULEVARD (R)Wff- Or-WAY MOTH OF SAID P.G.A. BOULEVARD V7AMW) AND THE POINT Of BE'CAIGNWG. BEING A POINT ON A CURVE FROM WHICH THE RADIUS POINT BEARS NORTH 00' 16' 30' WEST A DISTANCE OF 11,504.41 FEET; T104CE WESTERLY, ALONG THE ARC OF SAID CURVE AND SAND RIGHT -OF-WAY LA'YE; A DWANCE OF 67.26 FM THROUGH A CENTRAL ANGLE OF 00' 20' 06 THENCE' NORTH OW 56' 24' NEST, CONTINUING ALONG SAID RIGHT -OF -WAY LINE~ A DISTANCE OF 332.91 FEET; T fE7NL'E DEFARTM SAID RIGHT- OF-WAY LIN& NORTH 01' 32' 27' FIST ALONG THE CENTERLM/f OF AN ©IS77MG 33 FOOT WIDE ROADWAY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 3144, PAGE 1914. SAID PUBLIC RECORDS OF PALM BEACH COUNTY. A DISTANCE OF =82 FIEEP, THENCE NORTH 85' 01' 28' EAST A DISTANCE OF 22.31 FEET TO A POW OF INTEIRSECTTOMI WITH THE SOUTHERLY PROLOAWTNON OF THE 6457aRLY LIMIT'S OF SLIP No. RT2 AS RECORDED NN OFP1aCI4L RECORDS BOOK IBM PAGE 462. SAID PUBLIC RECORDS; THENCE NORTH 24 58' 32' NEST, ALONG SAID SOUTHERLY PROLONGATION AND SAID EASTERLY LIMITS OF SLIP Na. R12, A DISTANCE OF 55.40 FEET TO THE NORTHEAST CORNER OF SAID SUP R12, SAKI CORNER BEING COMMON NTTH TTY SOUTHERLY LIMITS OF SOVEREL FbARBOUR` COMMON AREA AS RECORDED LN OFFPWL RECORDS BOOK 847x, PAGE 1169. SAID PUBLIC RECORDS; THENCE NORTH 85'0128' EAST, ALONG SAID SOUTFAE'RI.Y LINTS„ A QISTANCE OF' 318.79 FEET. MORE OR LESS: THENCE CONTNUE ALONG SAID SOUTHERLY LIMITS„ SOUTH 570426' ,FIST A DISTANCE OF 8.41 FEET. MORE OR LESS; THENCE NORTH 86"01'28" FIST, ALONG A LINE COAA1OW NMTH SOVEIREL WROUR. rE`lfrIJ 7 W. AS RECORDED IM OF?•ICLAL. RECORDS BOOK 61J2. PAGE 1775 AND THE SOUTHERLY LM#ITS OF SOVEREL HARBOUR COMMON AREA, AS RECORDED IN OFFTCLIL RECORDS BOOK 8472. PAGE 1169, SAID PWX C RECORDS. A DISTANCE OF 1.69 FEET. MORE OR LESS.- THENCE CONTINUE ALONG SAID COA40 N UN& SOUTH 24`58'J2' WEST A DISTANCE OF 2.69 FEET, MORE OR LESS THENCE DEPARTING SAID COM NION UK ALONG THE SOUTHERLY LWTS OF SAID SOVEREL NUR60UR` COMMON AREA, THROUGH TIE FOLLOWING FIVE (5) COURSES SOUTH 5704'30' EAST A OISIANOE OF 2194 FEET. MORE OR LESS THENCE SOUTH 75'28'48' EAST A DISTANCE OF 280.00 F. MORE OR L.= THEIVL'aE SOUTH 86W'J10 EAST A DISTANCE OF 8.09 FEET. MORE OR LM THENCE NORTH 86'48'25" FAST A DISTANCE OF 140.00 FEET. MORE OR LESS; THENCE SOUTH 84'1913' EAST A DISTANCE OF 8.10 FEET, AWE OR LESS TO THE NORTHERLY LIMITS OF A PARCEL OF LAND KNOWN AS PARCEL 'A', AS DESCRBED IN OFFICIAL RECORDS BOOK 13130, PAGE 278, SAID PUBIC RECORDS. SAID NORTHERLY LWTS BEINNG COMMON WITH AFORAIENTIONED SOUTHERLY UMFTS OF SOVEREL HARBOUR COMMON AREA TWWE CONTINUE ALONG SW COMMON L.ANIv MOM 87 45' 54' EAST A DISTANCE OF 124.63 FEET TO A POINT LYING ON TW WESTERLY RIGHT-OF-WAY LINE OF THE #HRWCKSTAL WATEIMY AS RECORDED NM PLAT BOOK 17, PAGE 29, SAID PUBLIC RECORDS; THENCE SOUTHERLY, ALONG SAND WESTERLY RIGHT-OF-WAY L.W. SOUTH Or 14' 08' FAST. A DISTANCE OF 25.00 FEET. 11NENCE DEPARTING SOLD WES1ETtI.Y RIGHT- OF-W4Y L10C SOUTH 87 45' 54' WEST A MTANCE OF 120.00 FEET: THENCE SOUTH 86' 46' 45' NEST A DISTANCE OF 154.98 FEEZ,• THENCE SOUTH 02' 14' 06' FAST A DISTANCE OF 32.23 FEET. THENCE NORTH 75' 26' 48' WEST A DISTANCE OF 181.59 FEET, THENCE SOUTH 14' 33' 12' NEST A DISTANCE OF 74.44 FEET, THENCE` SOUTH 01' 38' 37" WEST A DISTANCE Of 74.00 FEET TO A POW, SAID POW LYING ON THAT LNW OF A(RPEVA NT AS RECORDED IN WXIAL RECORDS BOOK 5.381, PAGE 10630, SAID PUBLIC RECORDS, THENCE SOON 88' 27' 18' EAST, ALONG SAID AGREEMENT LIME, A DISTANCE OF 466.07 FEET TO SAID WESTERLY IGHT- OF-AAY LINE OF THE NN7RACOA.STAL W4TERW r. 7HFJNCE SOUTH O2` 14' 08' FAST. ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 227.46 FEET TO A POINT ON SAID NORTHERLY RIGHT- OF-WAY LIME OF P.G 4. SOULEMWIX THENCE NORTH BLi' 57' 56' WEST, ALONG SAID NORTHERLY RIGHT- OF-WAY LINE A DISTANCE OF 249.69 FEET: THENCE CONTTNL E ALONG SAID NORTHERLY RIGWT-OF--N&AY LANE SOUTH 85' 28' 24' WESTT, A DISTANCE OF 233.22 FEET TO A POINT ON THE NEST LANE OF THE SOUTHEAST WARM (SE u) OF THE NORTHEAST QLMRTER (NE X) OF SAAR SECTMN 5y THENCE SOM 01' 38' 37' WEST. ALONG SAID WW LINE. A DISTANCE OF 1.90 FEET TO THE POINT OF BEGINNING. BEARINGS SHOWN H %EOAN ARE BASED ON SAID SOUTH LIME OF THE NORTHEAST QLVATER (NE X) OF SECTION 5 AND 6 ASSUMED TO BEAR SOUTH 88' 28' 17' FAST AND ALL OTHER BEARINGS ARE RElAIW TI,ERETO. V:4241L r a r ti 7X a r . • • �, , rr •. Resolution 56, 2010 EXHIBIT "B" i� 5 1: 16 to Q z w 1 � 1 g km t l 11 1� U u U N � 0 g� a z O a U O J i is s 4 >> H : ;ffi8 F SFi�Lid f 5 5 ae 0 y z N ueld al!S epiaoId `suapaeE) ua y�ea8 led �o r VNWVW 'V'J'd N c II U L -- AVM2MVM IVISVOOVi1NI —� N J m III J� o� H i 3 1 Q 1 1 ;In 11 R Eil 12 Iff ueld adeospue-I epuol=l `suep.iec) yoea8 WIL-d r- e � 1 VN1NVW 'V'J'd y AtlM Mvm Td1SHoovuwl 6 t °� §f P ;Es a E e a spa rn C E €�$' , ! J , ; ! P9= R Y P C 01 fit a � r . f` s • �o �a n = n J2 E m "s it 1 Ii ial9 � �i wF i a ;Ii1P 61� !I9il�ata ~ 1 � H! R :.l 11H °u F e■ ■e■e■■ ■■ milli ©11111 ■'■ ■ ■ ■■ F l�l�eeeeni �I ■see ■s ■� I 1 `d f ! $ 1 ! � ! g a € a!la�E; a8 ! E !llla�l � l i f e e ) cr v to u k � S 8 Y k k ti n� a� to C. C �$ 1 �p d a y N yY aE9 cr C C ❑� a° a° •$ YH Jill, s E �_, gill 6 It "Jill g M. p M 6r a k21 ik€ j1111 it g 11,$1,11 q 106 t a a MOM YR S �k I✓�g�� " y M W4 1111411:1 Yial', Iq 1,8 1111 6� k`E Y v� INS �3 $ 11slig z E �dz @ �a �I II'I. �, of - d����� � - " / a� /y✓ _ FF 4 a;1 d z pp� u f T�• �3 ? .a I ! I laP !R ! �SP� Epl� I; d 3 i ! �! ;4114-0 4 fi lnf i9i p gii9 btd� � � iY a al !F PF 4 P 1 3I } Ira I :p`elP 1rgR g�� j &li!'E � ;11 �6leSiaidSaa �le� u a� I 1 `d f ! $ 1 ! � ! g a € a!la�E; a8 ! E !llla�l � l i f e e ) cr v to u k � S 8 Y k k ti n� a� to C. C �$ 1 �p d a y N yY aE9 cr C C ❑� a° a° •$ YH Jill, s E �_, gill 6 It "Jill g M. p M 6r a k21 ik€ j1111 it g 11,$1,11 q 106 t a a MOM YR S �k I✓�g�� " y M W4 1111411:1 Yial', Iq 1,8 1111 6� k`E Y v� INS �3 $ 11slig z E �dz @ �a �I II'I. �, of - d����� � - " / a� /y✓ _ FF 4 a;1 d z pp� u f T�• �3 ? .a I ! I laP !R ! �SP� Epl� I; d 3 i ! �! ;4114-0 4 fi lnf i9i p gii9 btd� � � iY a al !F PF 4 P 1 3I } Ira I :p`elP 1rgR g�� j &li!'E � ;11 �6leSiaidSaa �le� u a� CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: September 30, 2010 Resolution 57, 2010 Subject/Agenda Item: Resolution 57, 2010, adopting the Fiscal Year 2010/2011 City Master Fees and Charges Schedule. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewe b Originating Dept.: Costs: $ 0 Council Action: Finance (Total) [ ] Approved C� y torney $ 0 [ ]Approved w/ 1 Current FY conditions [ ] Denied Finance Administrator Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 57, 2010 • Exhibit "A" Master [ x ] Not Required Fees & Charges Schedule Submitted by: El Jamie Voss Administrative Services Manager Affected parties [ ] Notified, Budget Acct. #: Approve y: [ ] Not required City Ma ag Meeting Date: September 30, 2010 Resolution 57, 2010 BACKGROUND: Each year the City reviews its Master Fees and Charges Schedule and adopts adjustments or revisions to the schedule by way of resolution. Resolution 57, 2010 approves modifications to the FY 2009/2010 City of Palm Beach Gardens Master Fees and Charges Schedule. This schedule includes recommended changes from each department to ensure that fees charged are sufficient to cover the costs of providing services. The proposed Master Fees and Charges Schedule includes recommended revisions stemming from each department's annual review. Amendments to this schedule can be made when necessary via a resolution of the City Council. However, those fees that are set by Ordinance can only be amended by Ordinance (these fees will be annotated on the schedule to avoid confusion). The most significant of the proposed revisions to the Master Fees and Charges Schedule are as follows: • Most obvious is the actual format for the Master Fees and Charges Schedule. The format has been amended to make the Schedule more customer friendly by making it easier to read and locate information. s A fee has been included for the usage of the Police Department Community Room in order to offset the cost of room maintenance. • The 50% reduction of fees for Not - for - Profit entities with regards to Recreation programs and rentals has been eliminated. All programs have associated expenses that are incurred by the City, and the fees charged will sufficiently cover those expenses. • An increase in the minimum building permit fee has been added in order to put the Building Division in line with other comparable jurisdictions based on the current market. An additional $60,000 to $70,000 in revenue is anticipated from this change. Please refer to Exhibit "A" for a comprehensive listing of the proposed changes by department. Copies of the Master Fees and Charges Schedule will be available to the public free of charge through the City Clerk's office and is also available on the City's website. Copies will be placed in City facilities as well. STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 57, 2010, adopting revisions to the City of Palm Beach Gardens Master Fees and Charges Schedule effective October 1, 2010. 1 2 3 RESOLUTION 57, 2010 4 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 7 BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF 8 FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY 9 THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND 10 OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 11 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 12 PURPOSES. WHEREAS, the City Council of the City of Palm Beach Gardens desires to update the schedule of fees and charges relating to various services rendered for the citizens of the City of Palm Beach Gardens and for other members of the public; and WHEREAS, the City Council desires to make certain the schedule of fees and charges is available for inspection such that any member of the public may be aware of the cost of each and every service provided by the City of Palm Beach Gardens; and 23 WHEREAS, the City Council deems approval of this Resolution to be in the best 24 interests of the health, safety, and welfare of the residents and citizens of the City of 25 Palm Beach Gardens and the public at large. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Any and all previous fees and charges schedules are hereby repealed in their entirety. SECTION 3. The City Council of the City of Palm Beach Gardens hereby approves the schedule of fees and charges attached hereto as Exhibit "A." A copy of the fees and charges schedule shall be kept on file at the City and shall be available for review by the public. SECTION 4. This Resolution shall become effective October 1, 2010. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ATTEST: Resolution 57, 2010 .2010. CITY OF PALM BEACH GARDENS, FLORIDA M Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY L'YA R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN David Levy, Mayor AYE NAY ABSENT G:\attorney_ share \RESOLUTIONS\2010 \Resolution 57 2010 fee schedule update- 2010- 201 1.docx 2 'gog'Ar 11 WA Resolution 57, 2010 EXHIBIT "A" FY 2010/2011 Fees and Charges Schedule City of Palm Beach Gardens Master Fees & Charges Schedule Effective Date October 1, 2010 Adopted by Resolution 57, 2010 CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PBG, FL 33410 /10., � �rr City Hall — Main Number Building � ..�...� - cn Garden Planning & Zoning Engineering Neighborhood Services Parks /Public Works Finance Department City Clerk's Office Police Department Fire Rescue Department Recreation 1 799 -4100 799 -4201 799 -4243 799 -4288 799 -4245 804 -7000 799 -4160 799 -4122 799 -4400 799 -4300 630 -1100 City of Palm Beach Gardens Master Fees & Charges Schedule TABLE OF CONTENTS Building Division ......................... ..............................3 Engineering Department ........................................... 7 Legal Department ....................... ...............:.............13 Planning & Zoning Department .. .............................14 Neighborhood Services .............. .............................19 Community Services ................... .............................20 Finance Department ................... .............................21 City Clerk's Office ....................... .............................22 Police Department ...................... .............................23 Fire Rescue Department ............. .............................26 Parks & Recreation ..................... .............................30 N BUILDING DIVISION Review Fees Due upon submittal, based upon estimated construction. Not applicable to over - the - counter permits. Reference: FS 553.80(2)(b) Plan Review Surcharge 10% of Building Permit Fee, $25 minimum. Penalty fee of 4 times the base plan fee will be assessed on the 4th and subsequent plan reviews. Expedited or out -of- sequence 10% of Building Permit Fee, $75 I review fee minimum. Permit Fees Based on current fair - market value of proposed improvement, executed contract, or cost of construction using nationally- recognized sources such as ICC Building Valuation data, RS Means Cost Data, Marshall Swift, or similar publications. A copy of the contract may be required. Plus applicable Fire Department, CPTED, Engineering, Impact, and Processing Fees. Minimum Permit Fee $75 Percentage of Valuation: Unit Value: 1.5 The first $100,000 plus 1 The remainder over $100,000) Foundation Permit Residential: $250 Phased Construction Commercial: $1,000 Land Clearing: 25 acres or less $250 Greater than 25 acres $250 + $5 per acre for cleared land. Right -of -Way Permit 7% of Project Valuation, $75 minimum. Sub - Permit Administrative Fee $10 (applicable to all sub - permits that are issued over the counter and do not require an independent review Temporary Construction Storage $50 Container BUILDING DIVISON (continued) Temporary Tents Temporary Signs - Commercial (per City Code) Temporary Signs - Residential and Not - for - profit (excludes garage sale, residential open house, and residential real estate signs, up to six square feet, per City code) Penalty for commencing work without first securing a permit or written approval Insp Inspections by special request, same day, after hours, or weekend (subject to staffing availability and as subject to review by the Buildina Official) $50 per trade inspected, plus Plan Review and Fire Department Fees. $75 + $25 Code Inspection Fee. $25 Code Inspection Fee. Regular fee plus up to three (3) times the normal Building Permit Fee (at the discretion of the Buildina Official). on Fees $75 /hour, 2 -hour minimum Re- inspection Fee $50 for first re- inspection, $100 for second re- inspection, and $200 for third re- inspection and any subsequent re- inspections. Revision fees (As stated, but not to exceed original permit fee; additional incremental value charges may apply after original permit approval) Major (i.e., changes in square footage, model, layout) Minor (i.e., minor changes to electrical, plumbing, windows, product approvals, etc.) Shop Drawings 4 Prior to plan review being completed: no charge; After plan review is complete: $75 plus $10 per sheet reviewed. Prior to plan review being completed: no charge; After plan review is complete: $25 plus $10 per sheet reviewed. $75 BUILDING DIVISION (continued) Registration Fees Effective October 1 through Se tember 30 not pro-rated) Contractor Registration (per $10 qualifier) Annual No -fee Sub - Permit Fax $200 annually (not pro- rated). Program Extension and Renewal Fees Application Extension Fee $25 (prior to original expiration date Application Renewal Fee $50 (after but within 90 days of original expiration date Permit Extension Fee $25 (prior to expiration) Permit Renewal Fee $50 (within 180 days after original date Permit Reissuance Fee 30% of original Building Permit (after 180 days of original Fee. expiration date, must meet $75 minimum, plus Plan Review current code and may require Fee. new submittal BUILDING DIVISION (continued) Other Fees Address Correction after permit $50 per permit issued with issuance incorrect address. Change of contractor after permit $75 regardless of permit type. issuance same location Open Permit Status Request (per $40 individual address or suite Other Professional Services (i.e., $50 /hour, or a portion thereof. permit research, due diligence reports, insurance affidavits, etc. Phased Occupancy, Conditional Residential: $250/$125 Certificate of Occupancy, or Commercial: Completion Agreement <5,000 SF $750/$750 (Original issuance valid for 90 >5,000 SF $1,5001$1,500 days /extension renewals for 45 days; non - refundable and at Building Official discretion). Radon and Building Certification Per State of Florida Statutes Stocking Permit <5,000 SF $250 >5,000 SF $750 Training Surcharge 2% of the Building Permit Fee and /or Revision fee, $2 minimum. * After a permit has been issued, if no inspections have been performed and the permit is not in an expired status, permits that are withdrawn or cancelled shall be refunded at 50% of the Building Permit Fee above $100. Building Permit Fees less than $100 will not be refunded. All other fees associated with the reviews or issuances of permits, aside from Impact Fees, are non - refundable. Building Permit Fees on any permits with inspections completed, regardless of their status, will not be refunded. Requests for Impact Fee refunds may require a separate request to be filed with Palm Beach County. All requests for refund must be made in writing at the time the withdrawal or cancellation is submitted. All fees are subject to review at the discretion of the Building Official, or authorized agents, to ensure fees assessed are consistent with the legislative intent of FS 553.80. 6 ENGINEERING DEPARTMENT Residential /Non - Residential Security Deposit Single Lot, Single - Family $1,000 Residential or projects less than 25 acres; generally a mid - range, Single -Owner PUD project that may have small out - parcels; a single user with multiple structures or multi-phase project. Projects; 25 acres or greater $5,000 and /or multiple users, multiple owners, multiple structures Hourly Rates City En ineer $150 Engineering Associate $105 Engineering Inspector $75 Engineering Administrative $50 Support ENGINEERING DEPARTMENT (continued) NPDES Fees Inspections for the enforcement of the National Pollutant Discharge Elimination System (NPDES) will be performed hourly based on current City's Engineering hourly rates, unless the developer /builder applies for separate inspections as listed below. Acknowledgement of this condition will be required on each application subject to NPDES inspections. Single- family and multi - family $460 plus $300 for every month building permits larger than 1 of construction. acre (up to 10 acres) or discharging into a storm water treatment serving a larger development that is greater than 1 acre All developments greater than 1 $460 plus $375 for every month acre and up to 10 acres of construction. All developments greater than 10 $600 plus $500 for every month acres and up to 50 acres of construction. All developments greater than 50 $750 plus $600 for every month acres of construction. 1,7 ENGINEERING DEPARTMENT (continued) Review Fees Comprehensive Plan Amendment Hourly rates as shown herein. or Rezoning Engineering Review if required) Development of Regional Impact Hourly rates as shown herein. DRI Expedited permit review 1 5 One and a half 1.5 permit fee. 3 Maintenance of Traffic (MOT) Plan Hourly rates as shown herein. Review, not associated with any other engineering ermit Planned Community Development Hourly rates as shown herein. (PCD), Planned Unit Development (PUD), or Amendments to PCD /PUD Plat Review Hourly rates as shown herein. Pre - Application Infrastructure $5,000, plus $10,000 security Review 7 deposit. Preliminary Conceptual Review 6 First page $100. Second page $75. Third page forward $50. per page Site Plan Review during the Hourly rates as shown herein development review process ENGINEERING DEPARTMENT (continued) Permit Fees Infrastructure Permit or See Schedule A or Schedule B. 1,4 Amendments to Infrastructure Permits Private or Public Site Lighting/Photometric Permit Hourly rates as shown herein. Driveway Permit non - residential See Schedule A or Schedule B. 1,4 Resurfacing Permit (non- See Schedule A or Schedule B. 1,4 residential Restriping Modification Permit See Schedule A or Schedule B. 1,4 non - residential Other Fees Code Enforcement Hourly rates as shown herein. Commencing work without permit Triple permit fee. 2 Commencing work without pre- $180 plus applicable hourly rates construction meeting as shown herein. Informal research request Hourly rates as shown herein. Other engineering service Hourly rates as shown herein. requests Overtime, weekend, or holiday Minimum of 2 hours at the rate inspections of one and a half (1.5) times the (subject to staffing availability and hourly rates as shown herein. subject to review and approval by the Director of Engineering) Single- family or multi - family lot $450 includes as -built review and grading Ian inspections. 1 Surety reductions, releases, and Hourly rates as shown herein. any other changes in surety each request or submittal 10 ENGINEERING DEPARTMENT (continued) Valuation Schedule Projects with a construction cost estimate less than $100,000 will be charged A hourly rates based on the City Engineers current the hourly rates. For purposes of estimating a permit fee, the certified construction cost estimate does not need to include items related to utilities or landscaping. Projects with a construction cost estimate equal to or greater than $100,000 B will be charged 2% of the certified construction cost estimate. For purposes of estimating a permit fee, the certified construction cost estimate does not need to include items related to utilities or landscaping. Footnotes Includes project review and construction site inspections (does not include 1 NPDES inspections if required). Projects requiring more than two (2) project reviews and /or more than two (2) failed inspections will require additional hourly fees based on the current City's Engineering hourly rates. Included, but not limited to, all applicable permits and all past, present, and 2 future associated inspections. If the project is being charged at hourly, the hourly rates will automatically triple. This fee can be lowered at the discretion of the Director of Engineering. Double fee for only the review portion of the project, not the inspection 3 portion, thus the fee being 1.5 of the normal fee. If the project is being charged hourly, the City's Engineering current hourly rates will be multiplied by 1.5. At the discretion of the Director of Engineering, in lieu of a certified 4 construction cost estimate, a signed contract with a general contractor can be acceptable. This fee applies only for non - Targeted Expedited Permitting Program (TEPP) 5 certified projects. The expedited review will have a five (5) day turnaround time. 6 Conceptual review is non - binding and simply an informal review by staff prior to submitting an application. Construction starts at the time of site clearing and ends at the time of 7 complete stabilization of the site and submittal of the Notice of Termination NOT to FDEP. 8 Fee only applies to permits seeking review of infrastructure plans prior to obtaining Site Plan approval. 11 ENGINEERING DEPARTMENT (continued) *Security deposits for Engineering will only apply to permits with hourly rates. Applicants submitting for an Engineering permit with fixed rates will not need to provide a security deposit. Security deposit, as required above, will be returned only after all related outstanding invoice items have been billed and outstanding invoice monies receipted. Request for return of security deposit must be made in writing. Fees can be adjusted at the discretion of the City Engineer. 12 LEGAL DEPARTMENT Legal Review Security Deposit for $1,000 Development Applications 13 PLANNING & ZONING DEPARTMENT Payable for the start of each month that the DRI is in process. ➢ After an application has been reviewed and approved for sufficiency, any permit application that is voluntarily withdrawn shall be refunded up to a maximum of 50% of the application fee. ➢ All requests for refund must be made in writing to the Planning and Zoning Director at the time the withdrawal is submitted. Security deposits will be returned only after all related outstanding invoice items have been billed and outstanding monies receipted. Request for return of security deposit must be made in writing. Additional costs for Developments of Regional Impact will be billed to the applicant. Application Fees Abandonment of Right-of-Way $825 Abandonment of Easement $330 Administrative Application $550 Administrative Approval; Minor Revision to Application $50 Administrative Variance $150 Appeal of an Administrative Determination $400 Single - Family Residence (non- commercial) $1,000 All Other Uses Build Out Time Extensions $1,100 Build Out Determinations $2,750 Comprehensive Plan Land Use Map Amendment $3,500 Comprehensive Plan 'Small Scale" Land Use Map Amendment $2,750 Comprehensive Plan Text Amendment $3,500 14 PLANNING & ZONING DEPARTMENT (continued) Concurrency Certificate $550 Concurrent Processing $550 Conditional Use — Major $1,650 Conditional Use — Minor $550 Development of Regional Impact (DRI) minimum fee for first 6 months $5,500 DRI Monthly Fee after minimum 1 $825 DRI Amendment $3,300 Environmental Review $1,100 Miscellaneous Petitions $1,650 Non - binding conceptual review by Planning & Zoning $1,000 Non - binding conceptual review by City Council $2,500 Notice of Proposed Change (NOPC) (substantial deviation under Chapter 380 of Florida Statue $5,500 NOPC non - substantial deviation $3,000 Planned Community District (PCD) $3,850 Planned Unit Development PUD $3,300 PCD or PUD Amendment $2,475 Plat Application $750 Plat Exemption $550 $250 Single - Family Residential Rezoning Fee PUD /PCD /Zonin District $2,475 Site Plan Review (Major) & Site Plan Amendment $2,475 Site Plan Review Minor $1,650 Subdivision $1,650 Text Amendment of Land Development Regulations $1,650 Variance- Single-Family Residences $440 Variance- All other land uses $1f100 Waiver for Residential Mixed -Use Requirements $1,100 15 PLANNING & ZONING DEPARTMENT (continued) Review Fees Surety Bond Review and Release $170 Non - Compliance Stop Work Review and Action $500 Review Fee of Required Reports $340 Re- Submittal Fees Administrative Approval Re- Submittal Fee $175 DRI Re- Submittal Fee $1,000 NOPC Re- Submittal Fee $1,000 PCD or PUD Re- Submittal Fee $825 Site Plan Re- Submittal Fee $825 Security Deposit Fees Advertising Security Deposit $1,000 Consultants /Other Security Deposit $1,000 Environmental Review Security Deposit $1,000 Other Fees Advertising Actual Costs to City. Plat Recordation $30 first page; $15 each additional page. Applicant Postponement Fee each occurrence $250 Zoning Confirmation Letters (Additional $25 per research hour if research exceeds two 2 hours $250 Code of Ordinances (binder included) $150 Zoning Book (binder included) $65 16 PLANNING & ZONING DEPARTMENT (continued) Misc. Meeting Fees Administrative Pre-Application Meeting $75 DRC No -Show Fee $170 Pre - Application Meeting $200 (prior to submittal Compliance Status Meetings (per $200 meeting) Permit Fees Liquor License Review $170 Special Event Permits that require Council $550 + $50 Code Approval Inspection Fee Special Event Permit Application (Non- $110 + $50 Code Profit Organizations, Religious Inspection Fee Institutions, and block parties exempt from Application Fee except for Code Inspection Fee Special Events Appeal non - refundable $55 Inspection Fees Landscape Inspection $170 Landscape Re- Inspections $170 x number of re- inspections Compliance Review - Building Permit $42 Single Residence (non - commercial) $170 All Others Compliance C/O Inspection- First $170 Compliance C/O Re- Inspections $170 x number of re- inspections 17 PLANNING & ZONING DEPARTMENT (continued) Map Fees 8.5" x 11" $4 11" x 17" $7 17" x 24" $10 24" x 36" $13 Black and White Engineering Prints 24" x 36"' $5 per page Comprehensive Plan with paper maps with Transparency Ma $39 $49 GIS Fees Address Change $50 per address change; other fees may apply Street Name Change/Subdivision Change $50 Review of Residential Addressing Plan $200 Review of Commercial Addressing Plan $200 Open Space CAD Review: Minimum 3- hour review; over 3 hours of review, an additional $300.00 will be charged for continuance of review of the Open Space CAD. $300 Is NEIGHBORHOOD SERVICES Re-hearing $100 Release of Lien $100 Estoppel Letters $100 Filing Fee $10 Boat /RV Decals $25 Fine Reduction/Mitigation Hearin $100 Lien Searches and Title Searches for Code Enforcement Activity $40 per property control number (10 -day turnaround). $80 per property control number (2-day expedited turnaround). Advertising, Recording, & Other Costs Actual Costs to City Certificate of Occupancy Inspection $50 Certificate of Occupancy Re- Inspection $75 Same -Day Certificate of Occupancy Inspection $100 Off-Duty Code Officer Rate $35 /hour Business Tax Receipt and Application Fees Residential $25 Commercial $35 Professional $15 Research Fee (Application) $10 Renewal Administrative Fee $5 per license Retail Affidavit $10 each Expedited Business Tax Receipt Approval (Approval within 2 days of application intake $100 Building Occupancy Inspection (if req u i red) $75 Out -of -Town Registration $10 Duplicate Business Tax Receipt (Reprint) $3 19 COMMUNITY SERVICES DEPARTMENT Sign Shop: Sign Production $100 per Street /Regulatory Sign $150 per Stop /Warning Sign Material costs plus labor: Other Signs $25 /hr labor rate for design development. $50 /hr labor rate for sign installation plus materials. Fleet Services (Intergovernmental $110 /hr shop rate emergency assistance only, based (4 -hour minimum, plus parts). upon resource availability, open only to other governmental jurisdictions Labor Assistance $45 /hr (2 -hour min. during regular business hours,3 -hour min. callback). Equipment Charge $50 /hr equipment charge (paired with duration of operator). Small Vehicle $8 /hr vehicle charge Traffic Control (2 staff with $90 /hr (2 -hour minimum during vehicle) regular business hours, 3- hour minimum call back). $45 /hr for each additional staff member. Maintenance of Traffic (MOT) As per FEMA 44 CFR § 206.228 Equipment Allowable Cost. Street Sweeping Fee: Includes $135/hr (2 -hour minimum after labor and equipment hours ). Mosquito Spraying Fee: Includes $95 /hr (2 -hour minimum after labor, equipment and chemicals hours). Pressure Cleaning /Graffiti $90 /hr (2 -hour minimum) during Removal regular business hours with 3- hour min. call back). $45 /hr for each additional staff member. 20 FINANCE DEPARTMENT *This fee is set by Ordinance. If a conflict exists between this document and said Ordinance, the Ordinance shall prevail. Franchise Filing Fee* $1,000 Franchise Renewal Fee* $1,000 Transfer or Assignment of Franchise $500 Copy of Budget or Proposed Budget $40 Copy of Comprehensive Annual Financial Report $25 Returned Check Fee $25 Amendments to Code $1,650 21 CITY CLERK'S OFFICE Facility Rental ➢ Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect to General Liability- minimum limit of $500,000. ➢ Rental Hours: 8:00 am - 5:00 pm, excluding weekends and holidays. ➢ After 5:00 pm, may require approval from City Manager or designee (as per Administrative Order CC: ADM 1). Photocopies .15 cents for one -sided copy no larger than 8.5" x 141 . .20 cents for two -sided copy. .30 cents for 11" x 17 ". $1.50 for 24" x 36" (normal quality) $2.25 for 24" x 36" (best /photo ualit . Certified photocopies $1 per page. Audio tapes/Video tapes $5 per tape. Compact Discs $1 per disc. For all other copies Actual cost of duplication of the public record. Notary Service for non -City Documents $3 Council Chambers (per meeting) $150 /hr 2 hour minimum). Electronic Equipment Staff Support $25 Set-Up Fee- over basic set u $50 Storage Fee (depending on availability) $350 up to 5 days, $50 each additional day. Refundable Security Deposit $200 Cancellation and /or Re- Scheduling Fee $25 1 11 22 POLICE DEPARTMENT Off -duty hourly rates are subject to the prevailing rates as approved by the City Council through the current Police Department's collective bargaining agreement. The City's administrative fee of $10.00 per hour is included in the following hourly rates for the purpose of determining total billable charges: Off -duty details scheduled on the following days will include an additional fee per hour: Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year's Eve, Super Bowl Sunday, Easter, Memorial Day and Independence Day. Personnel 5 -9 Officers 1 Supervisor 10 -14 Officers 2 Supervisors 15 -20 Officers 3 Supervisors 2 Sergeants 1 Commander Police Officer $47 /hour Supervisor $52 /hour Commander $57 /hour (A Commander may be required when 2 or more Sergeants are working) 23 POLICE DEPARTMENT (continued) Equipment Vehicle $4 /hour Off -duty details additional fee per hour $5 /hour New Construction Crime Prevention Through Environmental Design (CPTED) Inspection & Plans Review Fee $2.25 per $1,000 improvement cost ($50 minimum). Alarm Registration Fees: Commercial New Construction $35 Renewals 1$10 False Alarm Fees: Residential 4 -6 False Alarms (per occurrence) $25 7 -9 False Alarms (per occurrence) $35 10+ False Alarms (per occurrence) $40 24 POLICE DEPARTMENT (continued) False Alarm Fees: Commercial 4 -6 False Alarms $25 (per occurrence 7 -9 False Alarms $35 (per occurrence 10+ False Alarms $50 (per occurrence Misuse of 911 or Emergency Call $250 System Additional Fees Finger Printing Card $5 Resident (Maximum of $30 charged per $10 Non - Resident person regardless of how many cards Community Room Usage $30 per use 25 FIRE RESCUE DEPARTMENT Special event hourly rates are subject to the prevailing rates as approved by the City Council through the current Fire Rescue Department's collective bargaining agreement. The City's Fee per hour will be added for the purpose of total compensation. Equipment rates apply to hourly rates only for the specified equipment and do not include personnel costs, which are in addition to the equipment rates. *Contingent upon approved State of Florida legislation for cost recovery. New Construction Inspection & Plans Review Fee $2.25 per $1,000 improvement cost $50 minimum). Civil Drawing Review Fee $50 Re-inspections/ Extra Ins ections First No additional charge Second $100 Third $150 Fourth and subsequent $200 Any unproductive inspector trip Work not ready, locked out, plans absent, etc. $75 Hood (Excluding fire suppression s stem $100 New and Existing Occupancies, Buildings, and Structures To be paid annually with the City Business Tax Assembly Occupancy: 50 -299 $50 300 -999 $75 1,000 -4,999 $150 5,000 persons or greate r $250 26 FIRE RESCUE DEPARTMENT (continued) Educational Day Care Nurse /Preschool $50 All Others $100 Healthcare /Institutional 5,000 s . ft. and under $50 5,001 - 15,000 s . ft. $100 15,001 - 30,000 s . ft. $150 30,001 - 100,000 s . ft. $200 100,001- 200,000 sq. ft. $250 200,001 - 500,000 s . ft. $300 500,001 s . ft. and greater $350 Transient Lodging, Apartments, Residential Board & Care, and Adult Living Facilities 24 units and under $50 25 -100 units $75 101 -500 units $150 501 units and greater 1 $250 Mercantile, Office, Storage,, Industrial, and Manufacturing 5,000 s . ft. and under $50 5,001 - 15,000 s . ft. $100 15,001 - 30,000 s . ft. $150 30,001 - 100,000 s . ft $200 100,001 - 200,000 s . ft $250 200,001 - 500,000 s . ft. $300 500,001 s . ft. and greater $350 Marinas and Boat Storage Buildings 50 boat slips and under $50 51 -100 boat slips $150 101 -250 boat slips $200 251 boat slips and greater 1 $300 Temporary Structures Tents $50 All other occupancies not listed subject to Fire Safety Inspection $50 27 FIRE RESCUE DEPARTMENT (continued) Special Details Personnel Special Event hourly rates $5 /hour Firefighter $30 /hour Driver Engineer/Fire Medics $35 /hour Lieutenants, Captains $40 /hour Equipment Fire Engine $75 /hour Ladder Truck $100 /hour Brush Truck $45 /hour Utility Truck Generator / Breath in Air Supply) $48 /hour Rescue Truck $32 /hour Specialty EMS Vehicle $25 /hour EMS Transport Fees Basic Life Support Emergency Transport $700 Advanced Life Support Emergency Transport Level 1 Advanced Life Support Emergency Transport Level 2 $700 $750 Specialty Care Emergency Transport $800 Oxygen $30 Mileage $12/transport mile *Motor Vehicle Accident and Fire Fees Level I -Scene Safety & Investigation $435 Level II-Light Extrication /Clean up of Materials $650 Level III -Heavy Extrication /Situation Stabilization $1,800 Level IV- Aero - Medical Transportation $2,100 Level V- Vehicle Fires $500 28 FIRE RESCUE DEPARTMENT (continued) Alarm Registration Fees: Commercial New Construction $35 Renewals $10 False Alarm Fees: Residential 4 -6 False Alarms (per occurrence $100 7 -9 False Alarms (per occurrence $200 10+ Alarms (per occurrence $300 False Alarm Fees: Commercial 4 -6 False Alarms (per occurrence $250 7 -9 False Alarms (per occurrence $500 10+ False Alarms (per occurrence $1,000 Misuse of 911 or Emergency Call System $250 Additional Fees Emergency/Safety Plan Review $50 Water Flow Test $150 Community Room Rental (Minimum 2 -hour rental). Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect to Liability with a minimum limit of $500,000 $30 /hour $100 Cleaning Deposit Pyrotechnics Permit $100 Outdoor Fireworks Display Permit $300 All a licable fees do not include tax 29 PARKS & RECREATION ➢ All applicable fees do not include tax, and certain event permits require multiple fees to cover costs of the event to the City. ➢ Facility Rental: a) Certificate of Insurance must be provided naming the City of Palm Beach Gardens as Additional Insured with respect to General Liability- minimum limit of $500,000. ➢ NR = Non - Resident NC = No Charge Outdoor Facility Permits: Exclusive Use of Permitted Space Individual Group: requires insurance; possibly multiple fees Pavilion, 4 hrs $25 Res. $50 Res. $50 NR $100 NR Single Athletic Field $20 Res. $20 Res. no prep, 2 hrs $40 NR $40 NR Single Athletic Field $40 Res. $40 Res. w /li hts $60 NR $60 NR Single Basketball Court, $10 Res. $10 Res. 2 hrs $20 NR $20 NR Single Basketball Court $40 Res. $40 Res. w /li hts $50 NR $50 NR Single Roller Hockey $10 Res. $10 Res. Rink,2 hrs $20 NR $20 NR 30 PARKS & RECREATION (continued) Outdoor Facility Permits: Exclusive Use of Permitted Space Single Roller Hockey Rink -w /lights $40 Res. $40 Res. $50 N R $50 NR Batting Cage,2 -hr permit $10 Res. $20 NR Organized Tournament Play -per field; N/A $200 for 10 light fee applies, does not include hrs staffing Field Prep per field N/A $25 ball field $75 multi- purpose field $15 per bag drying agent Concession Stand, Tournament Only N/A $250 for 8 hrs $100 cleaning fee $250 damage deposit City Property Use N/A $400 Res. $800 NR Skate Park Facility,4 hrs N/A $250 Res. Ij $500 NR Light Fee $20 per hr per field 31 PARKS & RECREATION (continued) Indoor Facility Permits: Exclusive Use of Permitted Space Individual Group Room Rentals,2 hr $50 /hr Res. $50 /hr Res. $100 /hr NR minimum $100 /hr NR $65 /hr Res. $130 /hr NR Small $65 /hr Res. $75 /hr Res. $150 /hr NR Medium $130 /hr NR Large $75 /hr Res. $150 /hr NR BRRC Kitchen Use $50 $50 BRRC Gymnasium $40 /hr Res. Athletic Team $80 /hr NR $125/hr Res. $125/hr Res. Event $250 /hr NR $250 /hr NR Local Schools N/A $50 /hr- 1st hr within Wellness Initiative week $25 /hr each additional hr within week Set- Up Fees $50 — over basic $50 — over basic set up set u Refundable Security $200 $200 Deposit 32 PARKS & RECREATION (continued) Aquatic Facility: Rates During Facility O en Hours Entry Fee -All Persons Entering the $2.82 Res. N/A Pool $9.39 NR 3 -Month Lap Swimming Card $65 Res. N/A $130 NR Youth Camp Rate N/A $1 Res. per person on deck -1 counselor free $6 NR per 10 youth, Plus Tax Private Lessons -1/2 hr $40 Res. N/A $52 NR Group Instruction -1/2 hr per person $6 Res. N/A $8 NR Lane Rental -1/2 hr, plus entry fee $10 Res. N/A $20 NR Corral Rentals- $75 Res. N/A Permit includes 20 pool admissions $150 NR 33 PARKS & RECREATION (continued) Aquatic Facility: Before /After hours Single Pool Rental Rate —2 hrs, N/A $350 Res. includes guard staff 35 people $700 NR Additional 25 people per hour N/A $50 Res. $100 NR Training Lanes per lane per day $20 Res. $20 Res. 4 -hr max per day) $40 NR $40 NR Deck Reception Rental N/A $300 Res. $600 NR Additional Pool Hour N/A $80 Res. $160 NR 34 PARKS & RECREATION (continued) Tennis Facility: Rates Hours of Regular Operation Daily Fee $6.57 Res. $13.15 NR Ball Machine Fee — 1 hr $12 Res. $14 NR Additional Player Fee $7.00 Res. $10.00 NR Single (annual) $330 Res. $660 NR Family, Spouses, Minor dependents $456 Res. (annual) $912 NR Junior (annual) $126 Res. $252 NR Senior Single (annual) $270 Res. $540 NR Senior Family (annual) $342 Res. $684 NR Seasonal Single $175 Res. 5 months annual $350 NR Group Membership — $3,500 Palm Beach Per 10 People Gardens Business Additional Group Membership $350 35 PARKS & RECREATION (continued) Tennis Facility: Before /After Operation Hours Court Rental per hr, minimum 2 court rental $25 Res. $50 NR Court Light Fee $10 Res. $20 NR Tournament — Per 4 courts, 8 hrs, includes court $500 maintenance 36 PARKS & RECREATION (continued) Event Fees Parks Support Staff — as $30 /hr determined by the Director or $5 /hr additional on City Designee observed holidays Recreation Support Staff as $25 /hr determined by the Director or $5 hr additional on City Designee observed holidays Event Permit Application plus $100 Res. facility & staff charges; $15 to $25 off -duty rate Non - refundable $200 NR N/C for Recognized Youth Sports Providers BIG Program Fees Annual program fees set as cost recovery for the item sponsored. 37 PARKS & RECREATION (continued) Program Fees NR Rate — Level One 20% General Programs) NR Rate — Level Two 30% (High Demand or Heavy impact) NR Rate — Level Three Double (City-Supported Programs) NR Rate — Level Four Double /Market Trend (Special Facilities NR Rate — Level Five Off- setting cumulative fee Annual Passports) determined by ro ram Non -Peak Hours Low Impact 50 %; Excluding Staffing Fee Reduction Rate NR Individual Rate Open Gym $4.70 Program Fees Cost Recovery Formula Golf Program Fees Cost Recovery Formula Riverside Youth Enrichment Cost Recovery Formula Center Fees Program /Rental Refund $10 Processing Fee Sport Instruction Registration $100 annually (plus permit fees) (City business tax license reg u i red Sport Tournament: Planning $20 per meeting /conference call assistance (non-recognized provider) Affiliated Group Tier 1 Services — general & basic (via resolution, for all Parks and budgeted services provided within Recreation facilities) operating hours; Fee to be paid: NR per participant, per sport. Tier 2 Services — core programs operating outside of operating hours; Fee to be paid: actual cost of labor and consumables. Tier 3 Services — requested services exceed core functions; Fees to be paid: permit, staffing and consumables. 38 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 9/30/2010 Resolution: 74, 2010 Subject/Agenda Item: Interlocal Agreement between the City of Palm Beach Gardens, the Town of Jupiter, and the Town of Juno Beach establishing the North County Dispatch Center, as the City of Palm Beach Gardens being the service provider for the dispatch and communications operations. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Revie Originating Dept.: Costs: $ 0 Council Action: Rotes Cit A ey Police [ ] Approved ��L,atG a 0 [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper. [ ]Other Resolution 74, 2010 [ x l Not Required Intedocal Agreement Submitted by: Chief Stephen Stepp Department Director Affected parties [ ] Notified Budget Acct. #: Approved by: [ j Not required City Man er Meeting Date: 9/3012010 Resolution: 74, 2010 BACKGROUND: The North County communities of Jupiter, Palm Beach Gardens and Juno Beach have identified the consolidation of police dispatch operations as an opportunity to enhance interoperability and communication for police functions while managing tong term costs of those services. To this end, an Interlocal Agreement has been developed to estabNsh the North County Dispatch Center (NCDC), which will provide regional dispatch services to the North County communities. The Interlocal Agreement identifies the City of Palm Beach Gardens as the dispatch service provider to the three municipalities. The City of Palm Beach Gardens will manage the operations of the NCDC. NCDC dispatchers and supervisors vAN be employees of the City of Patin Beach Gardens and its assets will be owned by the City of Palm Beach Gardens. Policies related to the cast and level of service provided by the NCDC will be developed and managed by a committee comprised of the three police chefs, known as the Technical Advisory Committee, and a committee comprised of the three municipal managers, known as the Executive Governance Board. Day to day operations will be managed by Palm Beach Gardens. Budgetary management and cost distribution will be determined based upon their respective populations. The NCDC's operating budget will be approved annually by the elective bodies of the contracting municipalities. The Intedocal Agreement does not estabfish the fast year costs for each of the contracting municipalities. It is anticipated that the NCDC will begin operating in May, 2011 as this is the anticipated completion date for the Palm Beach Gardens Emergency Operations and Communication Center (EOCC), the structure which will house the regional dispatch operations_ N is anticipated that the NCDC's initial budget will be for a period of five months (May 1, 2011 through September 30, 2011). The Palen Beach Gardens 2010/2011 budget contains all the funding required to maintain dispatch operations for Palm Beach Gardens in the new EOCC. Once the consolidated dispatch operations budget is complete additional costs of operations to maintain Jupiter and Jtxws acquisition will be distributed per the Interlocal Agreement. Approval of this lntedocal will help sustain escalating personnel costs in the future and help reduce operational, capital, and technology costs through cost sharing of what would be redundant expenses incurred by separate agencies. This will dramatically improve the safety of our residents and the police officers of the participating municipaliiiies. Pubic safety interoperabfity, and situational awareness between the municipalities will be noticeably improved with increased level of effectiveness for all municipal residents. STAFF RECOMMENDATION: Staff recommends approval of the Interlocal Agreement between the City of Palm Beach Gardens, Town of Jupiter, and Town of Juno. 1 RESOLUTION 74, 2010 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA BETWEEN THE CITY OF PALM 6 BEACH GARDENS, THE TOWN OF JUPITER, AND THE TOWN OF 7 JUNO BEACH ESTABLISHING THE NORTH COUNTY DISPATCH 8 CENTER TO PROVIDE DISPATCH AND COMMUNICATIONS 9 OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE 10 AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR 11 OTHER PURPOSES. 12 13 14 WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal 15 Cooperation Act of 1969," authorizes local governments to make the most efficient use 16 of their powers by enabling them to cooperate with other localities on a basis of mutual 17 advantage and thereby provide services and facilities that will harmonize geographic, 18 economic, population, and other factors influencing the needs and development of local 19 communities; and 20 21 WHEREAS, the North County communities of Jupiter, Juno Beach, and Palm 22 Beach Gardens have identified the consolidation of police dispatch operations as an 23 opportunity to enhance interoperability and communication for police functions while 24 managing long -term costs of those services; and 25 26 WHEREAS, the City of Palm Beach Gardens will be the dispatch service 27 provider to the three communities and will manage the operations of the North County 28 Dispatch Center; and 29 30 WHEREAS, the joining of the three communities in this effort will help sustain 31 escalating personnel costs in the future and help reduce operational, capital, and 32 technology costs through cost sharing of what would be redundant expenses incurred 33 by the separate agencies; and 34 35 WHEREAS, the City wishes to enter into the Interlocal Agreement with the Town 36 of Jupiter and the Town of Juno Beach, which Agreement has been prepared and is 37 attached hereto; and 38 39 WHEREAS, the City Council deems approval of this Resolution to be in the best 40 interests of the health, safety, and welfare of the residents and citizens of the City of 41 Palm Beach Gardens and the public at large. 42 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF PALM BEACH GARDENS, FLORIDA that: 46 Resolution 74, 2010 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 2 3 SECTION 2. The City Council hereby approves the Interlocal Agreement 4 between the City of Palm Beach Gardens, the Town of Jupiter, and the Town of Juno 5 Beach to establish the North County Dispatch Center and authorizes the Mayor to 6 execute the Agreement. 7 8 SECTION 3. This Resolution shall become effective immediately upon adoption. 9 10 11 12 13 (The remainder of this page intentionally left blank) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2 A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Resolution 74, 2010 PASSED AND ADOPTED this day of , 2010. ATTEST: M Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M R. Max Lohman, City Attorney VOTE: MAYOR LEVY VICE MAYOR PREMUROSO COUNCILMEMBER RUSSO COUNCILMEMBER JABLIN CITY OF PALM BEACH GARDENS, FLORIDA David Levy, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS\2010 \Resolution 74 2010 - interlocal agmt - dispatch center.docx 3 I F /-,/r - I rAO/ Srd "e't: vy: Yo fi- CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 30, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. RECOGNITION OF SPONSORS V. ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) ^ Q VIII. CONSENT AGENDA: a. (Page 4 APPROVE MINUTES FROM AUGUST 19, 2010 CITY COUNCIL W o MEETING. b. (Staff Report on Page 10, Resolution on Page 13) RESOLUTION 62, 2010 - CONTRACT AWARD TO TOTAL MAINTENANCE BUILDING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO TOTAL MAINTENANCE BUILDING SERVICES, INC. FOR PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. IX. I'LBLIC 11LARINGS: (* Designates Ouasi- Judicial Hearing) a. PRESENTATION OF THE FISCAL YEAR 2010/2011 BUDGET. b. " " "-,)ort o; )0, Resole , on Paqe - "' RESOLUTION 47, 2010 - ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY �sA COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A 0 TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS �A'0 FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 90, Resolution on _Pale 94) ORDINANCE 23, 2010 - (2nd READING) ADOPTING FISCAL YEAR 2010/2011 BUDGET. AN R 5s ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH �-d GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. Sta" Report on F on Page 13yi ORDINANCE 21, 2010 - f2-'D READING AND ADOPTION) REVISE THE SIGN CODE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. AT ARTICLE V. BY REPEALING PL,.S-t,� DIVISION 7_ SIGNS. AND READOPTING SAME, AS REVISED, IN ORDER TO COMPREHENSIVELY REVISE AND CLARIFY THE CITY'S SIGN CODE; "1 FURTHER AMENDING CHAPTER 78. AT SECTION 78 -751. DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "SIGN, EVENT SIGNAGE ", "SIGN, RIGHT -OF -WAY BANNER", "SURFACE AREA ", AND "VISIBILITY TRIANGLES (AKA SAFE -SITE TRIANGLES) "; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 174, Resolution on Page 188) RESOLUTION 56, 2010 - " p PGA MARINA PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF POLy50S THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE PGA MARINA PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 2385 PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO INCREASE THE NUMBER OF BOAT STORAGE AREAS AND MODIFY THE SITE PLAN AND LANDSCAPE PLAN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. Pn^^ + ,-)n Page 198, 0—olution on Par-1 2.0) RESOLUTION 57, 2010 - ANNUAL FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE CITY pa, COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES q-0 RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 201012011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Reoort on Page 242, Resolution on Page 244) RESOLUTION 74, 2010 - POLICE DISPATCH INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA f4 j. BETWEEN THE CITY OF PALM BEACH GARDENS, THE TOWN OF JUPITER, 4,-b AND THE TOWN OF JUNO BEACH ESTABLISHING THE NORTH COUNTY DISPATCH CENTER TO PROVIDE DISPATCH AND COMMUNICATIONS OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Xi. ITEMS FOR COUNCIL ACTION /DISCUSSION: XH. CITY ATTORNEY REPORT: XM. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk's Office at 561- 799 -4122 no later than S days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 -955 -8771 (TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. SI J F i r Ov 6WD e-'110 CITY OF PALM BEACH GARDENS COUNCIL AGENDA September 30, 2010 7:00 P.M. Mayor Levy Vice Mayor Premuroso Council Member Russo Council Member Jablin I. � PLEDGE OF ALLEGIANCE II. -- ROLL CALL III.. ADDITIONS, DELETIONS, MODIFICATIONS: IV � ANNOUNCEMENTS / PRESENTATIONS: a. RECOGNITION OF SPONSORS V. --' ITEMS OF RESIDENT INTEREST AND BOARD /COMMITTEE REPORTS: VI. CITY MANAGER REPORT: VII. -` COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. ACONSENT AGENDA: IX. �! Pa e 4 APPROVE MINUTES FROM AUGUST 19, 2010 CITY COUNCIL MEETING. (Staff Report on Pane 10, Resolution on Pane 13) RESOLUTION 62, 2010 - CONTRACT AWARD TO TOTAL MAINTENANCE BUILDING SERVICES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO TOTAL MAINTENANCE BUILDING SERVICES, INC. FOR PGA FLYOVER LANDSCAPE MAINTENANCE SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. PUBLIC HEARINGS. (w Designates Quasi - Judicial Hearing) a. PRESENTATION OF THE FISCAL YEAR 2010/2011 BUDGET. P b. (Staff Report on Page 90, Resolution on Page 92) RESOLUTION 47, 2010 - ADOPTING A TAX LEVY AND MILLAGE RATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING A 4f r0 TAX LEVY AND MILLAGE RATE FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; DIRECTING THE CITY CLERK TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE PROPERTY APPRAISER AND TAX COLLECTOR WITHIN THREE (3) DAYS AFTER ITS ADOPTION; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. c. (Staff Report on Page 90, Resolution on Page 94) ORDINANCE 23, 2010 - (2" a READING) ADOPTING FISCAL YEAR 2010/2011 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ADOPTING THE BUDGET FOR THE CITY OF PALM BEACH GARDENS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. d. (Staff Report on Pane 96, Resolution on Pane 139) ORDINANCE 21, 2010 - (2 Nu READING AND ADOPTION) REVISE THE SIGN CODE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING CHAPTER 78. AT ARTICLE V. BY REPEALING DIVISION 7. SIGNS. AND READOPTING SAME, AS REVISED, IN ORDER TO COMPREHENSIVELY REVISE AND CLARIFY THE CITY'S SIGN CODE; FURTHER AMENDING CHAPTER 78. AT SECTION 78 -751. DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "SIGN, EVENT SIGNAGE ", "SIGN, RIGHT -OF -WAY BANNER ", "SURFACE AREA ", AND "VISIBILITY TRIANGLES (AKA SAFE -SITE TRIANGLES) "; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. LAND DEVELOPMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. e. (Staff Report on Page 174, Resolution on Pane 188) RESOLUTION 56, 2010 - PGA MARINA PLANNED UNIT DEVELOPMENT (PUD). A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA _ APPROVING AN AMENDMENT TO THE PGA MARINA PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT 2385 PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, TO INCREASE THE NUMBER OF BOAT STORAGE AREAS AND MODIFY THE SITE PLAN AND LANDSCAPE PLAN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. X. RESOLUTIONS: a. (Staff Report on Page 198, Resolution on Paste 200) RESOLUTION 57, 2010 - ANNUAL FEES AND CHARGES SCHEDULE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA UPDATING THE SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC FOR FISCAL YEAR 2010/2011; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. (Staff Report on Page 242, Resolution on Pane 244) RESOLUTION 74, 2010 - POLICE DISPATCH INTERLOCAL AGREEMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA BETWEEN THE CITY OF PALM BEACH GARDENS, THE TOWN OF JUPITER, AND THE TOWN OF JUNO BEACH ESTABLISHING THE NORTH COUNTY DISPATCH CENTER TO PROVIDE DISPATCH AND COMMUNICATIONS OPERATIONS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. XI. ITEMS FOR COUNCIL ACTION /DISCUSSION: XII. /CITY ATTORNEY REPORT: XIII. - ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561- 799 -4122 no later than S days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800 -955 -8771 (TDD) or 800 -955 -8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Pars��k y4_ D CITY COUNCIL MEETING 09/30/10 PROPOSED ADDITIONS. DELETIONS AND MODIFICATIONS ADDITIONS Under Consent: Proclamation — The Benjamin School will commemorate their 50th Anniversary on Saturday, October 2, 2010. DELETIONS. NONL MODIFICATIONS: NONE U U � U � a U o Q orr U oe w # y J JI D � S r r W 4-j c T 7 -L CL Z Q 0 (f) U cU(D 4-j� E �-�-j(D (n U) � C) o c� z� EQv E U o Q) , 4-j O U cn E cn E a� cn © �� O U � 0 0 > U= o 75 v >±.1- E U= � (D T co >o CO CO CAE- - U N c CO Q O (D O E_ O � O U E O c: 4 t :5a) U C O O U U cn O co < +� O O co E O °C U Na c a 1� a) U cn a- Z Q U o Q. Iz c a a) U cn a- Z Q U o U �' cu cn U j �Q� E cv tj j v � N +� CT E Q E N co © N (D UT 0 ccno -D- +---' (D (D— � -0 Q (D a� -CcO -0o cn E E a�00 _U � o O U O � � L LL � Cf) +� Q o 4) co E E O If 0 V) V) C -_i 4f U CL E cQ o (n U o Q N E 0 E U 4-j � E p CO U.Loa) o (D U70 co �� U= L �o.cn cn U Co 1-- Q 7 — U N 7C) N O +-0 N +, o��E No E o �(D n0� co o co � co QUA? aD L 7 z Q 0 U CL E cQ o (n U o Q N E 0 E U 4-j � E p CO U.Loa) o (D U70 co �� U= L �o.cn cn U Co 1-- Q 7 — U N 7C) N O +-0 N +, o��E No E o �(D n0� n - � U � 0 � E 0 +� o CT E 0 p °C U cn a a a_ Z Q U cry Q U n -� (D U (D cn � o � Q � 00 E (D v E rr E co p a� Boa) ( � U =� o cn.. co a� °� co L��� 7— U f a) CO 7C) (1) L ��- © o�� °L°' E (D in r�G t� cal , ec i << G►.� Aa4 .s. %,,;;,.w CITY OF PALM BEACH GARDENS MEMORANDUM TO: City Council DATE: September 30, 2010 THRU: City Manager FROM: Planning and Zoning Department SUBJECT: Proposed revisions to the temporary sign code amendments regarding permitting of leasing signs The following revisions (in yellow) are recommended to the proposed amendment to the temporary leasing sign permit section (Section 78- 290(b)). a. A city temporary sign permit is required for all temporary signs except those exempt as shown in Table 25. b. Nonresidential sale of portion of building, rental, or lease permit. 1. An application for temporary signage will be made with the city. All applications will be issued and renewed administratively by the city. 2. If approved, a permit for temporary signage will be- issued for a period of no longer than one year, or until 100 percent of the building is sold, rent d. 1 aced. A renewal permit may be submitted annually if the applicant is in compliance with the city's standards. 3 An administrative fee will be charged for the issuance of the temporary signage permit as regulated by the fees and charges schedule on file. 4 Standards. Signage must be in compliance with all temporary signage standards and meet the criteria below. i. Size. Maximum square footage of the sign is 16 square feet. ii. Sign post Post shall be a 4x4 treated -wood post or other acceptable material. The minimum number of posts shall be two. The posts shall be directly buried into the ground at a minimum of two feet. Use of concrete is prohibited. iii. Backing. Sign shall be installed on a '/z -inch plywood. Plywood shall be attached with weather - resistant screws iv. Color. The entire sign must be painted and have no more than two colors, including the letters. The colors of the sign must be consistent with the approved principal color of the development_ and /or building. C.—__ An additional leasing sign not exceeding 12 square feet may be incorporated into the project's monument sign within the three foot required base, if provided. Letter size shall be no less than five inches for ground signs Must have no more than two colors and be consistent with the general desjgn of the monument sign. A sin permit must be submitted and approved by the city. A leasing sign on a monument sign does not require annual renewal and may remain even if 100 percent of the property is leased. PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 1960, acting upon a long-time dream of teaching children to read so that they might educate themselves for life, Nancy and Marshall Benjamin opened the doors to kindergarten students from the area; and WHEREAS, The Benjamin School, accredited by the Florida Council of Independent Schools and the Florida Kindergarten Council, currently enrolls more than 1,145 students in Pre-Kindergarten through 12th grade and employs talented faculty and staff members who are leading students in all aspects of school life; and WHEREAS, The Benjamin School offers After-Care and Enrichment Programs to families with children three years old through the Fifth Grade; and WHEREAS, the philosophy of The Benjamin School is: "Give children the proper tools and they will become independent learners", and WHEREAS, The Benjamin School's mission is to provide a challenging college preparatory education in a structured, nurturing community environment, motivating students to master the skills of learning, communicating and evaluating choices, encouraging them to grow intellectually, socially, morally, and physically to their fullest potential, while developing a coherent set of values that include love of learning, personal responsibility, self-motivation, concern for others and a desire to serve society, and; WHEREAS, The Benjamin School will commemorate 50 Years of Educational Excellence on Saturday, October 2, 2010; NOW, THEREFORE, L David Levy, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim October 2, 2010 as THE BENJAMIN SCHOOL DAY Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affzxed on this 3dh day of September in the Year Two Thousand and Ten. &.1~~- Maybr David Levy --~-~~~------"' __ ___.. ______ ~ --