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HomeMy WebLinkAboutAgenda Council Agenda 110499All those wishing to address the City Council need to complete the necessary form (supply located in back of Council Chambers) and submit same to the City Clerk prior to the .meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 4,1999 7:00 P.M. I. PLEDGE OF ALLEGIANCE, II. ROLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. III. ANNOUNCEMENTS: IV. PRESENTATIONS: 1. Employee Service Awards 2. Public Safety Educator of the Year - Vicki Wade 3. Promotions in the Police Department of Lieutenant and Sergeant 4. Drainage Report - Garden Woods, Plat 4 5. Drainage Report - Holly Drive /Garden Glen/St. Ignatius 6. Irene Drainage Report 7. PGA Flyover Design - Elevations & Design V. CITY MANAGER REPORT: 1. Construction Manager Report 2. Growth Management Report 3. Public Information Report 4. Grand Opening/Anniversary Report Y 5. Y2K Status Report - Ernie Carr VI. AWARDING OF BIDS: 1. Awarding of Bid for Sale/Removal of City Annex 2. Awarding a Bid for Digital Voice Recording System for Dispatch Operations VII. COMMENTS FROM THF, PUBLIC: (For Items Not on the A_senda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: 1. Approval of Minutes from 10/7/99 City Council Regular Meeting 2. Approval of Minutes from 10/21/99 City Council Regular Meeting. 3. Proclaiming November 8, 1999, as World Town Planning Day. 4. Resolution 138, 1999 - Consideration of Approval to Grant an Easement to Bell South (New Municipal Complex) 5. Resolution 141, 1999 - Consideration of Approval of Support for Continued Funding of the Eastward Ho! Initiative. 6. Resolution 142, 1999 - Consideration of Approval to Support the Intergovernmental Rider of Palm Beach County Florida Geographic Information System (GIS) Information Policy Data Licensing Agreement. IX. PUBLIC HEARINGS: 1. Resolution 134, 1999 - Consideration of Approval of Support of Hood Road Realignment (Public Hearing) 2. Ordinance 27, 1999 - Public Hearing re: 1999 Round 1 Comprehensive Land Use Plan Amendments. (Public Hearing, adv.10 /20/99; Consideration of Second Reading and Approval) 3. Ordinance 43, 1999 - Providing for Amendment to the Code of Ordinances re: Excavation and Fill. (Public Hearing, adv. 10/6/99; Continued from the 10/21/99 Regular Meeting; Consideration of Second Reading and Adoption) X. RESOLUTIONS: 1. Resolution 86, 1999 - Consideration of Approval of an Amendment to the Christ Fellowship Site Plan (South Campus) 2. Resolution 120, 1999 - Consideration of Approval of a Contract with Lindahl, Browning, Ferrari & Hellstrom, Inc., for Engineering Services for the Fiscal Year 1999/2000. 3. Resolution 136, 1999 - Consideration of Approval of Enclave Annexation Interlocal Agreement for Properties at Military Trail and Northlake Boulevard. 4. Resolution 137, 1999 - Consideration of Approval of Reappointment to the General Employees Pension Board. 5. Resolution 139, 1999 - Consideration of Approval of an Interlocal Agreement with Palm Beach County re: Hungryland Slough 6. Resolution 143, 1999 - Consideration of Approval for Amendment to Engineering Services Agreement with Lindahl, Browning, Ferrari & Hellstrom, Inc. for the Proposed Howell Lane Fire Station. XI. ORDINANCES: (For Consideration of First Reading) 1. Ordinance 40, 1999 - Providing for Amendment to the City Code of Ordinances re: Landscaping and Vegetation Protection. 2. Ordinance 45, 1999 - Providing for Amendment to Ordinance 12, 1998, Approving A PUD to Amend Elevations and Signage for the Lone Pine Project.(Consideration of First Reading) XII. ITEMS FOR COUNCIL ACTION: 1. Consideration of Purchase of Engine for Fire Truck. XIII. ITEMS FOR DISCUSSION: 1. Notice of Intent for Stormwater Utility. XIV. ITEMS & REPORTS BY MAYOR AND CITY COUNCIL: XV. CITY ATTORNEY REPORT: K4XMI1 1 1l- ►16 _I_ OWN i In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the Human Resources Department no later than 5 days prior to the proceeding at telephone number (561) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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FitzGeral �r DATE: October 22, 1999 SUBJECT: City Council Meeting Agenda 11/4/99 We have just made promotions to the rank of Lieutenant and Sergeant in our department and would like to formally make the presentation to the individuals affected at the next regular meeting scheduled for November 4, 1999. Please add the following to the agenda for that meeting: Robert Artola Lieutenant William Brandt Sergeant Richard Geist Sergeant Samuel Nasca Sergeant Joseph Sheehan Sergeant We would like to make the presentations at the beginning of the meeting, if possible. Thank you for your cooperation. JOF /amm 0 Growth Management Department Council Update November 4, 1999 1) 1998/99 Department Goals: The Department had 22 goals for the last fiscal year. Of the 22 goals, the department met or exceeded 21. The only goal not met was the imaging of department documents, which is currently underway. 2) Staffing: We have filled all vacancies except the new position created by the new 1999/2000 budget for a Building Inspector 1. We also anticipate using some of the forbearance agreement funds to hire temporary staff to meet the increasing workload in Planning and Zoning. 3) Building Division: The new division structure has been implemented. The new structure eliminated the two administrative secretary positions and replaced them with a Permits Clerk and a Plans & Permits Tech. We believe this will provide better review of plans and more effective use of staff. 4) Code Enforcement: A) As of November 1, Paul Friedman will return from leave and we will be back up to full staff in the Code Enforcement Division. Many thanks to Dan McDade, who did an excellent job as acting Code Enforcement Director. B) Newsracks Ordinance: Code Enforcement staff is doing their annual sweep of newsracks. We have pulled the licenses and are comparing them to the machines on the streets. We have identified and removed a few unlicensed machines and are contacting the owners. This will take approximately two weeks to complete. Also, for all new registrations and renewals, we are requiring that a sticker be affixed to the newsrack. There will be a different color sticker each year so that we can easily identify which machines are legally installed. 5) Planning and Zoning: A) Code Revision: 1) The Glitch list revisions have been completed and adopted, including development review procedures, signage, subdivision, excavation and fill, and landscaping regulations. 2) The major Code Revision is still on schedule. The first draft has been completed and is being distributed for review by interested parties, including members of the development community. B) City Center Project: Staff is acting on the direction provided by council during the City Center Workshop. This project has three components: 1) City Center Overlay: Draft language is being developed for a City Center Overly. This overlay will be proposed for adoption as part of the new zoning code. The overlay will apply to the regional center and surrounding lands along PGA Blvd. The overlay will provide additional qualitative standards for development in the City Center area including; enhanced standards for building design, site design and pedestrian amenities. 2) Linkage Plan: A proposal is being developed and will be presented for review in November. This plan will be reviewed in conjunction with the Flyover project and a traffic analysis. 3) Pattern Book: The first draft is completed and is being distributed for review. This pattern book will provide architectural and site design guidelines for all non- residential projects in the City. C) Processing Development Applications: 1) Forbearance Agreement Projects: These projects have been coming into the development review process consistent with the schedule established in exhibit D of the Forbearance Agreement. Most of these projects are in the concurrency review process or are early in the development review process. Many of these projects will proceed onto Planning and Zoning and then on to Council within the next few months. 2) Regular workload: Staff is processing the regular petition workload. At this time we are evaluating the percentage of increase in order to evaluate short term staffing needs and projected impact on the Building Division. D) Impact Fee Review: The RFP is complete and a consultant has been chosen to update the Impact fees. The review is currently underway. E) Census 2000: Staff is currently working with the Census Bureau to inform the public about the census 2000 effort. F) Annexation: Staff is completing an annexation agreement with Palm Beach County to execute the annexation of the out - parcels at the intersection of Military Trail and Northlake Blvd. G) Forbearance Agreement: A summary of the Forbearance Agreement project is attached. Nov ,1999 City of Pa „_, Gardens Coun - ting PUBLIC INFORMATION 0 Next City Line — December 0 Annual Report — December 0 Community Guide — January 0 Stormwater Assessment Education Effort — upcoming 0 "Hometown Countdown" Project — Channel 25 Project that entails a large canvas made up of drawings submitted from 25 towns and cities; the drawings should depict each city's history and culture; Channel 25 will then profile the cities as we begin the next millennium. 0 Current Upcoming City articles: 0 Jupiter Courier Yearly Answer Book, Yearly Review From the Mayor 0 Monthly PGA C.A.N. article 0 Update on Development of former MacArthur properties in Illustrated Properties publication. o Future PIO Reports to include media coverage /staff interviews (which are not currently tracked, but will be if Council approves the. Communication and Marketing Plan). CITIZEN SERVICES 0 Complaints/Requests for Service for the month of October 1999: 132. 0 Updates on Specific Complaints/Requests for Service: 0 Traffic Light at Gardenia and Military: Installation has gone out for bid; applications have been signed by Florida DOT; traffic light is expected to go before the BallenIsles board on November 17th. The anticipated date of the installation is around mid January, 2000. 0 Lighthouse Driveway Repair: Iris Lambert driveway to be completed this week. 0 Flags at MacArthur Blvd.: MIA Flag and U.S. Flag at MacArthur Boulevard — waiting to receive flags from Legion; will be replaced by Public Works. 0 Current City Response Team Issues: 0 Plantings/Parking in Swales — in progress. 0 Tanglewood — in progress. L• NEIGHBORHOOD PROGRAM 0 Next Quarterly Neighborhood Program Meeting is scheduled for January 12, 1999. 0 Resident Meetings: PGA Board of Presidents; Garden Woods (Plat 4); PGA Golf Club Estates —2 (Old JDM south). 0 Gardens Neighborhood Association: 0 Two meetings in October. D Continuing progress on City History Project Tee Shirt Contest Neighborhood Website: "Gardens Online." Representatives from Palm Beach Gardens Woman's Club will attend the next GNA meeting for input on History Project. D Future Projects: methods of resident notification/input; zip code issue; outreach to businesses. SPECIAL EVENTS 0 Recent Special Events in the City: D Sports Authority Bass Pro Educational Event Dwyer High Scholl Homecoming Parade Trinity United Methodist Youth Pumpkin Patch Palm Beach County Hamfest Amateur Radio & Computer Show Palm Beach Community College Job Fair 0 Palm Beach Gardens Medical Center Craft Fair Church in the Gardens Fall Fest o Upcoming Special Events: ABC Unlimited Christmas Tree Sales (Garden Park Plaza) Amara Shrine 23`d Annual BBQ Palm Beach Gardens High School Homecoming Parade St. Ignatius Flag Ceremony VOLUNTEER PROGRAM 0 Current Number of Volunteers: 21 0 Current Number Referred to Departments for Interviews: 8 EMPLOYEE COMMUNICATIONS 0 November City Hall Gazette to contain: 0 Letter of Introduction from Acting City Manager 0 Recognition of Employees for efforts during Floyd and Irene 0 Upcoming: 0 Informal Employee Gatherings with Acting City Manager 0 Customer Service Training for all Employees MEMO PARKS AND RECREATION TO: Carol Post, Interim City Manager FROM: Sue Miller, Director, Parks & Recreation jiyk DATE: November 1, 1999 RE: Anniversary party /Grand Opening This memo will confirm my agreement to serve as the "point person" in directing the events surrounding the Anniversary party /Grand opening, as we discussed at our meeting on Thursday, October 28th. Additionally, as we discussed, it will be my recommendation to stage the event on a Sunday afternoon in March, due to the uncertainty of the final touches being completed on the plaza, as well as the fact that the baseball program will be staging their opening day ceremonies on Saturday, February 26th. Baseball will begin their regular season games the following Saturday, March 4th, and every Saturday thereafter until mid -May, with games normally running from approximately 8:00 am until late in the evening. If you have any questions regarding this information, please contact me at your earliest convenience. CC: Richard Diamond, Assistant City Manager CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 10/29/99 Meeting Date: 11/04/99 Subject/Agenda Item Acceptance of proposal to purchase and remove modular units. Recommendation /Motion: Staff recommends accepting the proposal from Advanced Modular Systems in the amount of $1,000. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Public Works (Total) [ ] Approved Finance $ 30,000 [ ] Approved w/ Finance Current FY conditions [ ]Denied ACM P Funding Source: [ ] Continued to: Advertised: Attachments: Other Date: October 3, 1999 [ ] Operating Paper: Palm Beach Post [ ] Not Required [ ] Other Memorandum Submitted by: Hal Beard, Assistan 0and Public Works Director Kent Olson, Finance Director 1�✓�0 IP Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: See attached memorandum. MEMORANDUM TO Carole W. Post, Interim City Manager FROM Hal Beard, Assistant Public Works DirectoQ) Kent R. Olson, Finance Director)W SUBJECT Sale of Modular Units (City Hall Annex) DATE October 29, 1999 BACKGROUND The City has allocated $30,000 from bond proceeds for the removal of the modular units as part of the Municipal Complex improvements. In an attempt to determine if there was a market for the units, the City advertised for the sale and removal of the modular buildings serving as the City Hall Annex on October 3. The City received a total of two proposals which were opened on October 28. DISCUSSION The City received two proposals with regard to the Annex modular units. One firm offered to purchase the modular units, while another offered to charge us to remove and dispose of the trailers. Advanced Modular Systems offered to pay us $1,000 to purchase and remove the trailers, while the Miami Wrecking Co. proposed that we pay them $18,552 to demolish and remove the trailers. Staff recommends the City accept the offer from Advanced Modular Systems for the purchase and removal of the City Hall Annex trailers. RECOMMENDATION Staff recommends accepting the purchase offer of Advanced Modular Systems in the amount of $1,000 for the purchase and removal of 14 mobile modular units located at the Municipal Complex. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 11/4/99 Date Prepared: 10/25/99 Subject/Agenda Item: Purchase of Digital Voice Recording System for Dispatch Operations Recommendation/Motion: Staff recommends approval of ComLog digital voice recording system for dispatch operations in the new police facility, by `piggybacking "on the bid from the City of Lakeland, FL Reviewed by: Originating Dept.: Police Costs: $ 23,900 Council Action: Total City y Attojrnney [ ]Approved Finance J� RO $ 7,229 [ ] Approved w/ conditions ,{� Current FY ACM YC� [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ 1 General Fund Paper: [ x ]Not Required [ ] Other sy3 o j Depa ent Director Affected parties [ ] Notified Budget Acct. #: 01- 1010 - 521.4420 [ ] None Approved by: City Manager [ ] Not required BACKGROUND: The logging tape recorder currently being utilized in the dispatch center to record phone and radio conversations is very costly to maintain and is technologically out of date. To reduce these maintenance charges and increase efficiency of the system Palm Beach County has budgeted and funded for the reimbursement of the cost of a new recorder, through a three -year (3) lease purchase. The City of Lakeland has recently bid this equipment and received seven (7) proposals. The low bid and most qualified proposer was CVDS Corp. Inc. in the amount of $23,900, Bid # 9174 RECOMMENDATION: Staff is requesting that Council approve "piggybacking" from the Lakeland RFP and approve the CVDS Corp. proposal, which has an excellent scale of economy that has provided very low pricing for City of Palm Beach Gardens. Staff recommends that Council accept the proposal from CVDS Corp. Inc. in the amount of $23,900. TERMS Net 30 Nef M MOO— -- BONDS M. CLARIFICATIONS AND /OR EXCEPTIONS ------------------------------------------------------------------------------------------------------ 70.1. [ I VIIF I VOI fIVVp V. V• 11IV LY.O. VILtIpV 1111fC. I I.T.I.W /Yf1 I OMC G Vi •T' T :K :k W. M City of Lake Patrick A Williams, C.P.M. Purchasing John P. Mon. CP.M AssistaN Purchazisg kiwager Ronald D. Pierce Buyer gland Cynthia D. Webb Buyer Gregory J. Kane Buyer Bid Number Plan Holders 9174 Multi - Channel Voice Recorder Repty to: Pardmdng & Stores Division 1140 East Parker Street Lakeland, Flotida33801 -2066 David A. Kohn Phane: (941) 834 -6780 Buyer FAX: (941) 834 -6777 7DD: (941) 834 -8333 FhWL* purch@cky.lakclmd n ct (available soon) Web: pmi+2 inv takelandmd Attended Pre -Bid Conference Axis Tricom 8021 N-W 14th St. Miami FL 33126- (305) 593 -9216 CVDS Corp. Inc 6900 TransCanada Hwy Pointe Claire QB (511) 694 -9320 Dictaphone 222 S. westmonte Dr. Ste 201 Altamonte FL 32714 (800) 858 -0080 Springs EMR Technologies 1500 NW 67nd St. Ste 516 Ft. Lauderdale FL 33309 -1833 (954) 267 -9199 Eventide - 1 Alsan Way Little Ferry NJ 07643- (201) 641 -1200 Jan Communications 6630 S. Cresent blvd Pennsauken NJ 08109- (609) 663 -4800 Voice Systems 716 E. River Dr. Temple Terrace FL 33617- (813) 983 -9104 City of Lakeland Patrick A. Williams. C.P.M. Purchasing .Manager John P. Hilton. C.P.M. Cynthia D. Webb David A. Holm Assistant Purchasing .Manager Buyer Buyer Ronald D. Pierce Gregory J. Kane Buyer Buyer NOTICE TO BIDDERS INVITATION TO BID Reply to: Purchasing & Stores Division I t40 East Parker Street Lakeland, Florida 33801 -2066 Phone: ( 941) 834 -6780 FAX: (941) 834 -6777 TDD: (941) 834 -8333 EMail: purchrciry.lakeland.net PURCHASE OF MULTI - CHANNEL VOICE RECORDER For the ELECTRIC SYSTEMS OPERATIONS CENTER JUNE 2, 1999 BID NO. 9174 / Sealed bids will be received by the Purchasing Manager, City of Lakeland, Florida, 1140 East Parker Street. Lakeland, Florida 33801 until 2:00 p.m. - Wednesday - June 23, 1999 at which time and place bids received will be publicly opened in the office of the Purchasing Manager and read aloud for the following: Bid Documents may be obtained by contacting: Ms. Brenda Williamson @ (941) 834 -6780, on or before, June 16, 1999. Bid Documents are Required for Bid Submittal. THE SERVICES OF A QUALIFIED SUPPLIER WITH PROPER EXPERIENCE TO FURNISH AND DELIVER (F.O.B. DELIVERED WITH FULL FREIGHT ALLOWED) A MULTI- CHANNEL VOICE RECORDER INCLUDING ANY AND ALL HARDWARE, SOFTWARE, ASSOCIATED EQUIPMENT AND OPERATIONS AND MAINTENANCE TRAINING. THE RECORDER MODULE SHALL USE STANDARD MODULAR PC TECHNOLOGY WITH OPEN SYSTEM ARCHITECTURE BASED ON PROVEN INDUSTRY HARDWARE STANDARDS. IT SHALL ALSO HAVE A LAN INTERFACE, REQUIRED INPUT CHANNELS, SHORT -TERM STORAGE, ARCHIVE STORAGE INTERFACES AND OPERATING SOFTWARE. THE RECORDER SHALL HAVE INTERFACES AVAILABLE TO RECORD ANALOG, ISDN, PCM AND DS -1 SIGNALS. THE INPUT CHANNELS SHALL BE CAPABLE OF CONTINUOUS, VOX AND DIGITAL DETECT TRIGGERING. THE RECORDER SHALL STORE TO HARD DISK AS THE SHORT -TERM STORAGE MEDIA. THE ARCHIVE MEDIA SHALL BE DDS-III DAT TAPE. THE CITY'S CORPORATE LAN IS A STANDARD ETHERNET UTILIZING TCP/IP AND SHALL BE EMPLOYED TO CONNECT THE RECORD MODULE(S) TO WORKSTATIONS. THE RECORDING SYSTEM SHALL BE FCC PART 15/68 CERTIFIED AND THE MANUFACTURER SHALL BE ISO 9001 CERTIFIED. THE SUPPLIER SHALL FURNISH ALL REQUIRED MATERIALS, EQUIPMENT, SOFTWARE, APPLICABLE WARRANTIES, AVAILABLE TECHMCAL SUPPORT AND ALL ANCILLARY EQUIPMENT DOCUMENTATION. THE BIDS SUBMITTED, AND THE PURCHASE ORDER, IF ISSUED, SHALL BE IN COMPLETE ACCORDANCE WITH, BUT NOT LIMITED TO, TMS INVITATION TO BID, CITY OF LAKELAND SPECIFICATION NO. ESR -99 -2, DATED MAY 26, 1999, AND ALL CODES, REGULATIONS AND REQUIREMENTS REFERENCED THEREIN. For any further Technical Information or Clarification contact: Mr. Carl Black, System Reliability Engineer, @ (941) 834 -8308. Please refer Commercial Inquiries to: Mr. John Hilton, Assistant Purchasing Manager, @ (941) 834 -6780. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING OCTOBER 7, 1999 The October 7, 1999, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman David Clark, Councilman Eric Jablin, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. PRESENTATIONS Parks and Recreation Department Awards from the FRPA 1999 State Conference in Orlando were presented. The NRPA Dorothy Mullins Arts & Humanities Award was presented to Sue Miller for Gardens Art, who recognized the efforts of Lucy Keshavarez. Other awards were to the Parks and Recreation Department for Department of the Year 1999 for District V, to Sue Miller as Volunteer of the Year 1999 for District V, and certificates of appreciation were given to various employees for the PGA Golf Tournament. The City Manager announced that the 3CMA 1999 SAVVY Award had been presented to the City for their visioning process booklet, and had been accepted by the City's Public Information Officer, Beth Ingold -Love. The City Manager recognized Principal Planner Kim Glas Castro for her efforts in the visioning process. CITY MANAGER REPORT Birthday Party The City Manager announced the entertainment schedule and food for the City's upcoming 40th birthday party. Construction Manager Report The Construction Manager presented an aerial photograph of the Municipal Complex project, announced that the underground drainage had been started, that items on the roof were being taken care of, and that plans were in place for moving in on time. The City Council discussed and agreed to hire someone to oversee the move. CITY COUNCIL REGULAR MEETING, 10/7/99 K Vice Mayor Furtado made a motion to accept the contract proposal from Ray Casto in the amount of $20,000 to oversee the City's move into the new Municipal Complex. Councilman Clark seconded the motion. Discussion ensued. Vice Mayor Furtado withdrew her motion and made a motion to reconsider the motion. Councilman Clark withdrew his second. Vice Mayor Furtado made a motion to authorize the City Manager to enter into negotiations for award of the move -in management for a price not to exceed $20,000. Councilman Clark seconded the motion, which carried by vote of 3 -2 with Mayor Russo and Councilman Sabatello opposed. Canal Update City Engineer Lindahl reported three previous conversations with Mr. Seagrin. The City Engineer reported a public meeting had taken place that day with Councilman Sabatello present as well as Engineer Dan Clark and Mr. Seagrin. Following the meeting, Councilman Jablin joined the City Engineer and Mr. Seagrin for a boat tour, followed by a tour of potential sites for dredge discharge, followed by an update with Councilman Sabatello. Councilman Sabatello commented that because of the lack of an area to accommodate the slurry from dredging, he believed the only solution was the original procedure with the platforms as proposed. Mayor Russo commented that the City had looked at other solutions as requested by the residents, and the Vice Mayor was complimented on finding such a professional and knowledgeable individual to give an objective opinion. AWARDING OF BIDS Impact Fee Study Councilman Clark made a motion to approve the staff recommendation to accept a proposal from Duncan Associates to evaluate and update City impact fees in the amount of $21,860 and to authorize the City Manager to execute a contract for same. Councilman Jablin seconded the motion, which carried. by unanimous 5 -0 vote. Banking Services Councilman Clark made a motion to approve the staff recommendation to award a contract to Republic Security Bank in the amount of $665.58 monthly for banking services. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Furniture Councilman Clark made a motion to approve the staff recommendation to award a contract to Office Products and CITY COUNCIL REGULAR MEETING, 10/7/99 3 Furniture Councilman Clark made a motion to approve the staff recommendation to award a contract to Office Products and Services for the purchase and installation of furniture at the new Municipal Complex. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to reconsider the motion. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Councilman Clark made a motion to approve the staff recommendation to award a contract to Office Products and Services as amended in the amount of $261,447.16 for the purchase and installation of furniture at the new Municipal Complex. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Carpeting Councilman Clark made a motion to approve the staff recommendation to award a contract to Jack Walsh Carpets and Rugs, Inc., in the amount of $82,072 for purchase and installation of carpeting at the new Police Station and new City Hall. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote MacArthur Bridge Councilman Clark made a motion to approve the staff recommendation for a change order to make repairs to the MacArthur Bridge using the same contractor as for the foot bridge. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. THE PUBLIC Robin Weaver Robin Weaver, 545 Riverside Drive, reported a large Australian Pine had blown over on her property several months ago in the January storm and she had requested help from the City four weeks ago at the City Council meeting, which had not yet happened. The City Manager reported the tree was in the City's right -of -way and the cost would be $2,500 to hire a tree cutter to remove the tree. Bob Patty reported the tree could be taken out without additional cost in 2 -3 months during the canal dredging. Councilman Jablin apologized for the problem and commented that the tree could not have been removed previously without additional cost. Following discussion, Ms. Weaver was told she would be called by the next Tuesday with a date for removal of the tree. CITY COUNCIL REGULAR MEETING, 10/7/99 4 CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. Councilman Jablin seconded the motion. The following items were approved on the Consent Agenda: 1. Approval of Minutes from 9/16/99 City Council Regular Meeting. 2 Proclaiming November 8, 1999, as Community and Regional Planning Day. 3. Proclaiming October 13, 1999, as "Save Today Day" 4. Resolution 118, 1999 - Consideration of Approval of Support from FDOT, MPO and Palm Beach County for 4 -laning of PGA Boulevard 5. Resolution 126, 1999 - Consideration of Approval of Replat of BallenIsles Golf Course PUBLIC HEARINGS Resolution 72, 1999 Mayor Russo declared the Public Hearing open, held on the intent of Resolution 72, 1999 - re: Consideration of Approval of a Sign Variance for Gardens Park Plaza, duly advertised 6/7199, postponed from the 6/17/99. 7/15/99, 8/19/99 and 9/16/99 regular meetings. The applicant presented the variance request. Discussion ensued. Growth Management Director Roxanne Manning explained that staff believed hardship criteria had been met. During discussion, Mayor Russo disagreed that hardship criteria had been met. The property owner expressed complete willingness to cooperate to get the signs for the outparcels changed. City Attorney Post advised that a condition could be imposed that the sign package be complied with within a definitive time period. A time period of three years was agreed upon to have the five signs on the property brought into conformity, and petitioner was advised that the Resolution would be placed on the Consent Agenda for the next City Council meeting.. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Ordinance 42, 1999 Frank Palen presented the request on behalf of the petitioner. Mayor Russo declared the public hearing open, held on the intent of Ordinance 42, 1999 - Providing for Amendment of Ordinance 22, 1998, The Consolidated and Restated Development Order for the PGA National Resort Community, DRI, by Amending the Master Development Plan to Revise the Schedule of Uses to Convert Approved Industrial and Warehouse Use to Office and Hotel Use, duly advertised 9/22/99 for Consideration of Second and final reading. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. CITY COUNCIL REGULAR MEETING, 10/7/99 4 Councilman Clark made a motion to place Ordinance 42, 1999 on Second Reading by Title Only and approved. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 42, 1999 by Title Only on Second Reading. RESOLUTIONS Resolution 97, 1999 Councilman Jablin made a motion to approve Resolution 97, 1999 - Consideration of Approval to Create an Art Advisory Task Force and Appointing Members to Serve on Said Task Force. Vice Mayor Furtado seconded the motion. Councilman Jablin amended the motion to approve Resolution 97, 1999 with the date October 7, 2000 inserted into the blank in Section 2. Vice Mayor Furtado seconded the amended motion, which carried by unanimous 5 -0 vote. Resolution 100, 1999 Resolution 100, 1999 - Consideration of Approval of Signage and Lighting Plan for The Commons Parcel I was presented, with comments by staff and by Henry Skokowski as agent for the petitioner. Councilman Clark made a motion to approve Resolution 100, 1999 with Section 2 deleted and Sections 3 and 4 re- numbered as Sections 2 and 3. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 101, 1999 Resolution 101, 1999 - Consideration of Approval of Signage and Lighting Plan for The Commons Parcel 2 was presented, with comments by staff and by Henry Skokowski as agent for the petitioner. Councilman Clark made a motion to approve Resolution 101, 1999. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. Resolution 102, 1999 Resolution 102, 1999 - Consideration of Approval of Signage and Lighting Plan for The Commons Parcel 3 was presented, with comments by staff and by Henry Skokowski as agent for the petitioner. Councilman Clark made a motion to approve Resolution 102, 1999 with Section 2 deleted and Sections 3 and 4 re- numbered as Sections 2 and 3. Vice Mayor Furtado seconded the motion, which carried by unanimous 5 -0 vote. CITY COUNCIL REGULAR MEETING, 10/7/99 6 Resolution 117, 1999 Resolution 117, 1999 - Consideration of Approval of Parcel 28, BallenIsles, Clubhouse, Tennis and Fitness Center was presented and the requested improvements were discussed. Councilman Clark made a motion to approve Resolution 117, 1999. Councilman Jablin second the motion. Motion carried by 3 -2 vote with Mayor Russo and Councilman Sabatello opposed because of the awning. Resolution 122, 1999 Councilman Clark made a motion to approve Resolution 122, 1999 - Consideration of Approval of Employee Classification Plan. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 4 -0 vote, with Councilman Sabatello out of the room. Resolution 123, 1999 Councilman Clark made a motion to approve Resolution 123, 1999 - Consideration of Approval of an Interlocal Agreement with the Solid Waste Authority for Recycling. Councilman Sabatello seconded the motion. Motion carried by unanimous 4 -0 vote, with Vice Mayor Furtado out of the room. ORDINANCES Ordinance 43, 1999 Ordinance 43, 1999 - Providing for Amendment to the Code of Ordinances, re: Excavation and Fill was presented for workshop /consideration of First Reading. Councilman Clark made a motion to place Ordinance 43 on First Reading by Title only. Vice Mayor Furtado seconded the motion. Motion carried by unanimous 4 -0 vote, with Councilman Jablin out of the room. The City Clerk read Ordinance 43 on First Reading by Title Only. ITEMS FOR COUNCIL ACTION City Seal The Mayor reported the Womens Club of Palm Beach Gardens had requested the City's crest not be changed and that they be allowed to repair the needlepoint of the crest and provide a new frame. It was suggested that the family depicted on the crest be updated. Eastward Ho! The Mayor reported that a presentation of the US One improvements would be given to the City Council on a future agenda. CITY COUNCIL REGULAR MEETING, 10/7/99 7 Palm Beach Gardens Elementary The Mayor advised he had volunteered the services of the City Council for certain events at the elementary school. ITEMS FOR DISCUSSION Solid Waste RFP Revision Staff described proposed revisions, using the Solid Waste document as an example. Mayor Russo expressed his opinion that a requirement for an audited financial statement was- too restrictive. A suggestion was made to let Solid Waste qualify companies, using a 3- member committee with at least one staff representative. Concern was expressed with companies that had had criminal convictions and litigation. Following discussion, a suggestion was made that each member of the City Council provide comments so that staff could make changes to the document. It was the consensus of the City Council that a qualifying committee be made up of three Solid Waste employees and two City of Palm Beach Gardens staff members. John Albert reported that Waste Management had no criminal convictions within the State of Florida. Levels of service were discussed. City Seal The City Manager was given direction to put out an RFP to enlarge and modernize the seal. Issues & Priorities The City Manager provided brief updates on items on the issues and priorities list. Vice Mayor Furtado expressed concern with the grant rate. It was the consensus of the City Council to put out an RFP in order to have a new grant company ready to take over when the contract expired in April. Mayor Russo reported that former Council member Linda Monroe had sent a letter requesting that the landscaping concerns she had expressed at a prior meeting be addressed. Following discussion, the City Manager indicated she would send a letter to Mrs. Monroe. Mayor Russo commented that Mrs. Monroe had suggested a staff person be assigned to address comments from the public. CITY ATTORNEY Labor Attorney Report City Attorney Post recommended H.E. Scott and Associates of Vero Beach as General Labor Counsel based on recent interviews and information, and proposed to have the firm of Whelan, DeMaio, Kiszkiel, P.A. of Miami on call as a union specialist. The City Council ratified the recommendations by consensus. CITY COUNCIL REGULAR MEETING, 10/7/99 1.1 Mayor Russo reported Pat Bidol had illness in the family and requested that the City Manager find out when her report would be received. The City Council discussed appointment of City Attorney Post as interim City Manager. Attorney Terry Watterson presented a proposed separation agreement modifying the terms of City Manager Herakovich's resignation. The City Manager would receive the sum of $18,171.20 for services not rendered between now and her termination date of December 3rd, which the City could take in 180 hours of consultation over the next year. Discussion ensued. Consensus of the City Council was to appoint City Attorney Post as interim City Manager, on leave from her duties with the law firm, to receive compensation as City Manager. It was agreed to hold a workshop on Monday, October 18 at 7:30 p.m. to set goals for the interim City Manager, with formal appointment to be at the next City Council meeting, and that Councilman Clark would work with Attorney Watterson to finalize an agreement between City Attorney Post and the City. Bobbie Herakovich would be utilized as a consultant to the interim City Manager until December 3rd, and she and Interim City Manager Post would work together to assure an easy transition. CITY COUNCIL REGULAR MEETING, 10/7/99 9 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA KOSIER, CMC, CITY CLERK CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 1 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING OCTOBER 21, 1999 The October 21, 1999, Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman David Clark, Councilman Eric Jablin, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. Mayor Russo thanked staff for their help during Hurricane Irene. Mayor Russo recommended following the City charter which called for a strong City Manager form of government or look at changing the charter, and thanked the Vice Mayor for recommending Pat Bidol to provide the recent report. REORDER AGENDA Councilman Clark made a motion to reorder the agenda to next consider the separation agreement with City Manager Herakovich and then Resolution 128, 1999. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. SEPARATION AGREEMENT City Attorney Terry Watterson presented the separation agreement with City Manager Herakovich, reviewed changes since the last City Council meeting, and clarified points of the agreement in response to questions from members of the City Council. Councilman Clark made a motion to approve the separation agreement as amended. Councilman Jablin seconded the motion. Mayor Russo stated he would not vote for this issue since he had felt it would have been better for the City Manager to stay until December 3. Councilman Sabatello stated his agreement. Vice Mayor Furtado stated she agreed in principle but would vote in favor of the motion in order to move forward. Motion carried 3 -2, with Mayor Russo and Councilman Sabatello opposed. CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 2 RESOLUTION 128, 1999 City Attorney Watterson reported that he and Councilman Clark had consulted regarding an agreement to appoint Carole Post Interim City Manager, as directed by the City Council at their last meeting, and noted that the most important point was that this would not cost the City any more than they had been previously paying the City Manager. Attorney Watterson reviewed the other points of the agreement, and assured the City Council that in the event of liability the City's insurance would cover the Interim City Manager. Ms. Post stated she would be agreeable to future modifications to the agreement. Councilman Jablin made a motion to approve Resolution 128, 1999. Vice Mayor Furtato seconded the motion, which carried by unanimous 5 -0 vote. Councilman Jablin made a motion to authorize Mayor Russo to sign the agreement appointing Carole Post as Interim City Manager. Vice Mayor Furtato seconded the motion, which carried by unanimous 5 -0 vote. CITY MANAGER REPORT Interim City Manager Post assured the City Council that she would work to fulfil the terms of her agreement. Interim City Manager Post reported on the status of the search for City Manager. Interim City Manager Post also reported that an MIS network administrator had been hired and would begin work the next Monday; that following the City Council's direction, the contract with ON &M would be finalized, and clarified items in the contract; that it had been determined that the services of a telephone coordination expert would not be necessary; that the City had received $47,000 for the second year of a 3 -year grant from Florida Department of Transportation to provide a DUI Specialist; and that the tree had been removed from the right of way adjacent to Robin Weaver's property, however, another tree had fallen during Hurricane Irene, and that tree would also be removed. Hurricane Irene Fire Chief Pete Bergel provided a report regarding the effects of Hurricane Irene, efforts made to protect the City and residents from the storm, and an update on mitigation and recovery efforts. To alleviate frustration experienced by residents trying to obtain status of FPL repairs for their area, it was suggested that the City establish an emergency number to provide information to residents during emergencies. Chief Bergel reported on rainfall, power outages, and improved drainage within the City. It was CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 3 recommended that the City work with Northern Palm Beach Improvement District to provide gates on structures to regulate water in the Preserve area, which would decrease flooding in PGA National. Working with South Florida Water Management District was discussed. A field trip to view water management structures and presentations by the City Engineer and other experts was recommended so that the City Council members could better understand hydraulics issues and provide knowledgeable responses to questions from residents. Construction Manager Report Ray Casto, Construction Manager, provided the first mid -month report, which included updates on status of relocating rooftop equipment and hiding the remaining equipment with a false chimney, audiovisual equipment bids, telephone equipment, permanent power for the police station, contractor's schedule and status of ballfield number eight. Councilman Sabatello agreed to help find a better screening solution for the generator. 40th Birthday Party Options for alternate dates were discussed because the 40th birthday party had been canceled due to Hurricane Irene. Consensus of the City Council was to accept Councilman Jablin's suggestion for a combined birthday party, millennium celebration, and open house for the new Municipal Complex to be held February 26, 2000. Details would be provided at a future meeting. Goals/Priorities A list of policy priorities was discussed. Mayor Russo requested a forbearance agreement update. It was the consensus of the City Council that growth management reports be presented in writing with a short oral report once a month, and to work on the top five items on the policy priorities list during the next three months. Peacock & Lewis Councilman Clark made a motion to approve the staff recommendation to amend the contract with Peacock & Lewis in an amount not to exceed $46,848.00 to include interior signs for the Municipal Complex. Councilman Sabatello seconded the motion, which carried by unanimous 5 -0 vote. COMMENTS FROM THE PUBLIC Jo Palladini Jo Palladini, President of Palm Beach Gardens Women's Club, stated their club was concerned with the plans to change the City crest, which they felt would do away with the City's history. Councilman CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 4 Jablin responded that the Art Advisory Board had recommended the details be clarified when the crest was made larger for the new Council chambers. Ms. Palladini stated she was glad to hear that explanation. Rae Bonner Rae Bonner, 36 -year resident, provided a history of the crest and the City, and was not in favor of updating the crest, which she stated was never meant to be artistic. Councilman Jablin agreed that the history of the City was very important, reported he had had many discussions with Bill Beville regarding placing a kiosk in the City Hall with historical information, and recommended Ms. Bonner work with them on this project. Mayor Russo requested the Womens Club provide historical information for the City's 40th birthday party. Arlene Kiselewski Arlene Kiselewski, past president of the Palm Beach Gardens Womens Club, spoke in favor of keeping the City's crest the same and commented that the Womens Club needlepoint would be re- matted in a larger frame to fit the larger size of the new City Council chambers. Siro DeGasperis Siro DeGasperis congratulated Interim City Manager Post, stated Public Works personnel had done a great job during the hurricane, expressed appreciation for Fire Rescue personnel training PGA National residents on use of defribilators, and expressed concern with the newspaper article regarding City personnel. John Gary John Gary commented traffic reports indicated PGA Boulevard and Military Trail intersection were getting closer to failing and recommended an amendment to the Palm Beach County comprehensive plan so that would not happen. Mayor Russo responded that CRALLS designations would not be extended unless benefits could be shown for the residents. The Mayor expressed willingness to work together and listen to options. Mr. Gary recommended that the City start a study to look at the situation. Mayor Russo requested that Mr. Gary work with Councilman Sabatello on this issue and enlist funding from the development community. Mr. Gary was assured that this item was a high priority item for the City Council. CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 5 CONSENT AGENDA Councilman Clark moved approval of the Consent Agenda. Councilman Jablin seconded the motion. The following items were approved on the Consent Agenda by a unanimous vote of 5 -0: 1. Approval of Minutes of 9/30/99 City Council Special Regular Meeting. 2 Proclaiming November 19, 1999, as National GIS Day. 3. Proclaiming November, 1999 as National Epilepsy Awareness Month 4. Resolution 72, 1999 - Consideration of Approval of a Sign Variance for Gardens Park Plaza 5. Resolution 130, 1999 - Consideration of Approval to Support Permanent and Consistent Funding for Regional Planning Councils. 6. Resolution 131, 1999 - Consideration of Approval to Declare Disposable Assets PUBLIC HEARINGS DRI Use Conversion Mayor Russo declared the Public Hearing open, held on the intent of Notice of Proposed Change - Regional Center DRI Use Conversion, duly advertised 6/2/99, postponed from Regular Meeting of 6/17/99 and 7/15/99. There were no comments from the public. Councilman Clark made a motion to continue this matter to the November 18, 1999 Regular City Council meeting. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 27, 1999 Staff advised that the public hearing had not been properly advertised. Mayor Russo declared the public hearing open, held on the intent of Ordinance 27, 1999 - Providing for Round 1, 1999, Comprehensive - Land Use Plan Amendments. There were no comments from the public. Councilman Clark made a motion to continue Ordinance 27, 1999 to the 11/4/99 Regular City Council meeting. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Ordinance 41, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 41, 1999 - Providing for an Amendment to Ordinance 18, 1998, Same Being the Budget Ordinance of the City of Palm Beach Gardens for the Fiscal Year Beginning 10/1/98 and Ending 9/30/99, Inclusive, duly advertised 10/6/99, for Consideration of Second Reading and Adoption. Hearing no comments from the public, Mayor Russo declared the public hearing closed. CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 A Councilman Clark made a motion that Ordinance 41, 1999 be placed on second reading by title only and adopted. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 41, 1999 on Second Reading by title only. Ordinance 43, 1999 Mayor Russo declared the public hearing open, held on the intent of Ordinance 43, 1999 - Providing for Amendment to the Code of Ordinances, re: Excavation and Fill. There were no comments from the public. Councilman Clark made a motion to continue Ordinance 43, 1999 to the 11/4/99 Regular City Council meeting. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 125, 1999 Mayor Russo declared the public hearing open, held on the intent of Resolution 125, 1999 - Consideration of Approval of Gardens Presbyterian Church Time Extension. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Resolution 125, 1999. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS Resolution 120, 1999 Resolution 120, 1999 - Consideration of Approval to of a Contract with Lindahl, Browning, Ferrari & Hellstrom, Inc., for Engineering Services. Manager Post reviewed changes to the proposed contract. Councilman Sabatello requested this item be postponed so that questions could be answered by the City Engineer. It was the consensus of the City Council to table this item. Resolution 129, 1999 Interim City Manager Post recommended Assistant City Manager Diamond be appointed Representative to the Seacoast Utility Authority Board of Directors. Councilman Jablin and Councilman Sabatello were also recommended to fill the position of temporary representative to the Seacoast board. Councilman Jablin declined. Discussion ensued. City Attorney Watterson recommended Councilman Sabatello be appointed and that an agenda item be set for reconsideration in four or five months. Vice Mayor' Furtado made a motion to approve Resolution 129, CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 7 1999 - Consideration of Approval of Appointment of a Representative to the Seacoast Utility Authority Board of Directors, with Councilman Carl Sabatello as the representative. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 132, 1999 Councilman Clark made a motion to approve Resolution 132, 1999 - Consideration of Approval to Update Zoning Fees. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 135, 1999 Councilman Jablin made a motion to approve Resolution 135, 1999 - Consideration of Appointments to the Art Advisory Committee, inserting the names Cheryl Wood in Section 1, Gary Katz in Section 2, Raymond Katz in Section 3, and Theodore Thoburn in Section 4. Councilman Clark seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES Ordinance 28, 1999 ITEMS FOR DISCUSSION PGA Flyover Design Staff explained that changes had been made since the last presentation of Ordinance 28, 1999 - Providing for Approval of Catalina Lakes Townhomes PUD for consideration of First Reading. Representative for the Petitioner, Rick Green, Vice President of DiVosta & Company, reviewed issues previously raised by the City Council and the petitioner's proposed solutions to each issue. Councilman Clark made a motion to place Ordinance 28, 1999 on First Reading by Title Only. Councilman Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 28, 1999 on First Reading by Title Only. Principal Planner Kim Glas Castro presented part one of three presentations on the PGA Flyover design to be made to the City Council at their next two meetings. Consensus of the City Council was to take an aggressive stance regarding correcting design flaws and to involve property owners. Ms. Glas-Castro reported that the Flyover Design Task Force had met and discussed aesthetics of the project; and that DOT had indicated the City could have a voice in lighting, safety rails, shapes on retaining walls, and colors of retaining walls. Ms. Glas-Castro explained that business people on the task force were sponsoring the architectural firm of Oliver & CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 Est Glidden to fast track sketches showing architectural features, which would be presented to the City Council at their next meeting, to be finalized if the City Council approved, from which cost estimates could be formulated. It was the consensus of the City Council that Vice Mayor Furtado schedule a meeting on this matter which would include Planner Glas- Castro, John Gary, Commissioner Karen Marcus, as well as the current participants. ITEMS & REPORTS BY MAYOR AND CITY COUNCIL Mayor Russo Mayor Russo requested consensus action to be taken regarding the Bidol report. Consensus was to forward a copy of the report to Mr. Slavin to aid him in conducting a search for a new City Manager. A workshop to discuss the report was recommended to be scheduled after the new City Manager was on board. Councilman Jablin stated he saw this report as a breakdown in the budget process, which was specifically cited in the report, and he wanted to address those concerns. Mayor Russo agreed the budget process could have contributed to the problems, but expressed his feeling that the cohesive teamwork had begun to unravel approximately 9- 10 months ago, and commented that so many things had been asked of the staff that they had been under too much pressure. Councilman Sabatello commented on the budget process and that the City Council had placed pressure on staff. Vice Mayor Furtado commented that discussion was needed regarding the perception of exactly what a council/manager form of government was and stated that she understood it to be that the Council set policy and the City Manager implemented that policy. The Vice Mayor commented that there had been many instances in which the Council set policies that were not carried out, which also created issues. Discussion ensued. The 3 -2 -3 policy was discussed. City Attorney Watterson clarified that the type of government of the City was as set forth in the City Charter with powers divided among various parties as stated. Attorney Watterson explained that the last charter amendment weakened the City Manager form of government by making termination of the manager only requiring a 3 -vote margin, and the contract with the recent City Manager had not been a strong contract by way of any termination benefits that were significant. Attorney Watterson explained that the current charter provided that the City Council direct the City Manager to do what the Council said. Attorney Watterson stated that the legal interpretation was that the City Council was empowered to determine policy and had CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 E the ability to determine the means of implementation. Discussion ensued regarding the MIS situation. Attorney Watterson reminded the City Council of prohibitions in the charter with respect to the City Council trying to dictate the appointment of any employees or dictating any department head matters, and explained that any such action would be a violation of the charter as well as misconduct of office. A City Manager who did not carry out the direction of the City Council and who was not protected by provisions in his or her contract could be let go by the City Council. Attorney Watterson stated that in dealings with the City Manager, the City Council should act through their elected leader, the Mayor, communicating in open meetings; although there was no prohibition for members of the City Council to communicate directly with the City Manager. After further discussion, Interim City Manager Post commented that the City Council established goals which the City Manager used her own means and methods to accomplish, and if the means and methods were inappropriate so that the goals were not accomplished then the City Council could remove the City Manager. Councilman Sabatello responded that the City Manager should establish the criteria for the goal when given direction by the City Council and then should accomplish the goal according to time and cost guidelines within his or her own personal style. Holding a future workshop meeting on this subject was mentioned. Mayor Russo reported he had attended an assembly at Palm Beach Gardens Elementary, that Interim City Manager Post would attend the next one, and asked the other members to each attend in the future. Councilman Jablin reported he had attended the Art Advisory Board meeting and recommended holding a joint workshop with them to discuss their concerns with the double rainbow sculpture and with the art plan for the new building. A date was discussed for the workshop, estimated to take 1-1/2 hours, and the Interim City Manager was directed to coordinate a date when everyone could be present. Councilman Clark Councilman Clark reported concern expressed by a resident based on a newspaper article which had appeared in the business section regarding the church ordinance. The resident requested involvement in the review, and the opportunity to provide input for the ordinance. Growth Management Director described the review and input procedure. CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 10 Mayor Russo Mayor Russo reported both he and Councilman Jablin had attended the farewell party for former City Manager Herakovich and had presented her with a key to the City. Mayor Russo reported he had attended the homecoming parade at Dwyer High School and requested that the Vice Mayor attend the one at Palm Beach Gardens High School since he would be out of town. Councilman Sabatello Councilman Sabatello reported he had toured the City and had seen the staff efforts to prepare for Hurricane Irene, which had been excellent. Councilman Jablin recommended the City Council write a letter commending the staff efforts. The effects of the hurricane were discussed. Councilman Sabatello commended the efforts of S WA in the clean-up. CITY ATTORNEY Attorney Andrew Pineiro, who would be the Interim City Attorney, was introduced to the City Council by Attorney Watterson. Attorneys Scott Zapelo, Preston Fields, and Craig Williams from the firm were also introduced. Attorney Watterson assured the City Council that the firm would handle the City's legal work during the time Carole Post was acting as Interim City Manager. CITY COUNCIL SPECIAL REGULAR MEETING, 10/21/99 11 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA KOSIER, CMC, CITY CLERK PROCLAMATION WHEREAS, November 8`s, 1999, is the 50' Anniversary of WORLD TOWN PLANNING DAY; WHEREAS, November 8' of each year has been celebrated as World Town Planning Day in many countries since its inception in 1949; WHEREAS, The American Institute of Certified Planners (AICP) acting for the 11,000 members of the planning profession in America, a component of the 30,000 - member American Planning Association, endorses World Town Planning Day as an opportunity to highlight the contributions sound planning makes to the quality of our settlements and environment and to celebrate American accomplishments in making collective decisions concerning our cities and regions that bring quality and meaning to our lives; WHEREAS, the celebration of World Town Planning Day gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Palm Beach Gardens, Florida; and WHEREAS, We recognize the many valuable contributions made by professional community and regional planners of the City of Palm Beach Gardens and extend our heartfelt thanks for the continued commitment to public service. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim November 8, 1999 as: COMMUNITY AND REGIONAL PLANNING DAY in the City of Palm Beach Gardens, Florida in conjunction with the worldwide celebration of WORLD TOWN PLANNING DAY. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 4' day of November in the Year of our Lord, Nineteen Hundred and Ninety Nine. Attest Mayor Joseph R. Russo Linda V. Kosier, CMC, City Clerk WW American Institute of An Institute of theCertified Planners American Planning Association 1776 Massachusetts Avenue, NW , Washington, DC 20036 -1904 e- mail:aicp@plarining.org 'Fax' 202.872.0643 Phorie-202.872.0611 �. 7 1;1 For Immediate Release July 6, 1999 ' Contacts: Glenn Coyne, Director, AICP, (202) 872 -0611, ext. 1022 Denny Johnson, Public Affairs Coordinator, APA, (202) 872 -0611, ext. 1006 World Town Planning Day Celebration Marks 50th Anniversary Y CHICAGO, ILL. — This year heralds the 50th Anniversary of World Town Planning Day (WTPD) sponsored in the United States by The American Institute of Certified Planners (AICP):.. The special day, founded in 1949 by the late Professor Carlos Maria della Paolera of the University of Buenos Aires to advance public and professional interest in planning, both locally and abroad, takes place Nov. 8th. The celebration now includes 30 countries on four continents, and continues to grow. WTPD is promoted internationally by the' International Society of City and Regional Planners headquartered at The Hague in The Netherlands. " "-World Town Planning Day is a fantastic way to bring together the international planning community as we celebrate excellence in planning for communities, townships, and cities worldwide," said Executive Director, Frank So, FAICP. "This day reminds us that while we should be proud of our achievements in American planning, we should also take advantage of a valuable opportunity to gather inspiration from planning in different cultures." AICP is encouraging people to participate in WTPD activities, as it promotes broad -based awareness of the numerous contribii #ion planning makes to the quality of 7) i� President Immediate Past President Executive Director Director of AICP Norman Krumholz, AICP Roger K. Hedrick, AICP Frank S. So, FAICP Glenn Coyne, AICP CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Subject/Agenda Item Resolution 138, 1999 — Consideration of Approval to Grant an Easement to BellSouth Recommendation /Motion: Consider a motion to approve Resolution 138, 1999 Reviewed by: Originating Dept.: Costs: $ 0_ Council Action: City Attorney Total [ ] Approved Finance Administration $ [ ] Approved w/conditions ACM Current FY [ ] Denied Human Res. Other Advertised: NA Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ x ] Not Required [ ]Other Resolution 138, 1999 Easement Submitted by: Beth Ingold -Love Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: [ ] Not required BACKGROUND: This is an easement needed for the new Municipal Complex as previously detailed to the City Council at its Regular Meeting of 1017/99. Resolution 138, 1999, grants an easement to BellSouth Telecommunications, Inc. RESOLUTION 138, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL TO GRANT AN EASEMENT TO BELLSOUTH TELECOMMUNICATIONS, INC. FROM THE CITY OF PALM BEACH GARDENS ON CITY OWNED PROPERTY LOCATED BETWEEN BURNS ROAD AND JOHNSON DAIRY ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens desires to grant an easement area to BellSouth Telecommunications, Inc. to construct, install, operate and maintain certain utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby authorizes the Mayor to execute the Easement Agreement attached hereto as Exhibit "A ", between the City and BellSouth Telecommunications, Inc. for land located between Burns Road and Johnson Dairy road, as described in the legal description attached hereto as Exhibit `B ". SECTION 2. This Resolution shall be effective upon adoption INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER, 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT STATE OF FLORIDA COUNTY OF PALM BEACH EASEMENT For and in consideration of TEN dollars ($ 10.00 ) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner(s) of the premises described below hereinafter referred to as Grantor, do(es) hereby grant to BELLSOUTH TELECOMMUNICA TIONS, INC., a Georgia corporation, its licensees, agents, successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, ar, easement to construct, operate, maintain, add, and /or remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over, and under a portion of the lands described in page Palm Beach County, Florida, Records, and, to the fullest extent the grantor has the power to grant, upon, over, along, and under the roads, streets, or highways adjoining or through said property. The said easement is more particularly described as follows: All that tract or parcel of land lying in Section PALM BEACH GARDENS Meridian, (strip) (parcel) of land 12 , PALM BEACH Township 42S , Range 42E SEE EXHIBIT 'A' County, State of Florida, consisting of a The following rights are also granted: the exclusive right to allow any other person, firm, or corporation to attach wires or lay cable or conduit or other appurtenances upon, over, and under said easement for communications or electric power transmission of distribution; ingress to and egress from said easement at all times; the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and cut al dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution; and the right to relocate said facilities, systems of communications, or related services on said lands to conform to any future highway relocation, widening, or improvements. To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licensees, agents, successors, assigns, and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement: Preparer's name and address: (Return document to the BellSouth address on back) JACQUELYN M. FERGUSON 2021 SOUTH MILITARY TRAIL WEST PALM BEACH, FL 33415 ` In witness whereof, the undersigned has/have caused this instrument to be executed on the , 199 . Signed, sealed, and delivered in the presence of: Witness Witness State of Florida County of By: Title Attest: Name of Corporation day of I HEREBY CERTIFY that personally appeared before me and acknowledged that he /she was the same. The foregoing instrument was acknowledged before me this day of by ,(name and title of officer) of corporation. He /she is personally known to me or has produced as identification and did /did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of Notary Public Print Name Commission Number: My Commission Expires: Grantor's Address: Grantee's Address: BellSouth Telecommunications, Inc. JACQUELYN M. FERGUSON 2021 SOUTH MILITARY TRAIL WEST PALM BEACH, FL 33415 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC. District Wire Center Authority Drawing Location Plat Number R/W Number Approval Title SKETCH OF DESCRIPTION DESCRIPTION: A STRIP OF LAND FIVE FEET WIDE, LYING 2.50 FEET BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE, BEING A PORTION OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY FLORIDA, SAID STRIP LYING WITHIN A BOUNDARY DESCRIBED AND SURVEYED BY DONALD D. DANIELS, PSM, KNOWN AS THE PALM BEACH GARDENS MUNICIPAL CENTER, AS DESCRIBED ON. PAGE 2 OF THIS INSTRUMENT, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID BOUNDARY; THENCE SOUTH 88'29'38" EAST, ALONG THE SOUTHERLY PROPERTY LINE OF SAID BOUNDARY, A DISTANCE OF 12.50 FEET, SAID POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE NORTH 01'33'11" EAST, ALONG A LINE 12.50 FEET EAST OF AND PARALLEL TO THE WESTERLY PROPERTY LINE OF SAID BOUNDARY, A DISTANCE OF 618.42 FEET; THENCE SOUTH 88'26'49" EAST, A DISTANCE OF 90.34 FEET TO A POINT OF TERMINATION OF SAID CENTERLINE; TOGETHER WITH: A PARCEL BEING A PORTION OF SAID BOUNDARY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE AFOREMENTIONED POINT 'A'; THENCE SOUTH 88'29'38" EAST, SAID SOUTHERLY PROPERTY LINE, A DISTANCE OF 586.95 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88'29'38" EAST, ALONG SAID SOUTHERLY PROPERTY LINE, A DISTANCE OF 20.00 FEET; THENCE NORTH 01'30'22" EAST, A DISTANCE OF 20.00 FEET, THENCE NORTH 88'29'38" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01'30'22" WEST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO ALL PERTINENT MATTERS OF RECORD. SURVEYOR'S NOTES: 1) SKETCH AND DESCRIPTION BASED ON A SURVEY, BY DONALD D. DANIELS, DATED OCT. 27, 1997, REF. NO. 97 -090, OF THE PALM BEACH GARDENS MUNICIPAL CENTER. 2) THIS INSTRUMENT IS NOT A SKETCH OF SURVEY. 3) UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR INFORMATIONAL PURPOSES AND IS NOT VAUD. MESSLER & ASSOCIATES STATE OF FLORIDA LB. NO. 3616 p BY: _s� /�I�� 2. - f FOR THE FIRM: DATE ROBERT P. BLASZYK PROFESSIONAL LAND SURVEYOR & MAPPER STATE OF FLORIDA REG. NO. 4133 Aicsslcr & Associates PBG MUNICIPAL COMPLEX PROJECT NO.: 98 -063 CONSULTING ENGINEERS PROPOSED 10/27/99 11211 Pr.V ity Fa"". Road. S.1t. C -70,. Palm 8—.h Care —t R.M. 134111 BELLSOUTH EASEMENT SHEET 1 OF 3 PHONE (561) 627 -2=6 FAX (561) 624—1 W9 REVISED 10 -29 -99 SKETCH OF DESCRIPTION SURVEY DESCRIPTION SHOWN HERE ONDESCRIPTION RELATIVE TO THE PREPARED WESTB LINE DONALD OF THE NOR DANIELS, THEASTQUARTERBEARINGS OF SECTION 12 BEARING N. 01'33'11' E. PER SECTION DATA BY PALM BEACH COUNTY SURVEY SECTION. ALL RECORDED DOCUMENTS HEREIN ARE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA). A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER (NE k) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE %) OF SAID SECTION 12, ALSO BEING THE CENTERLINE INTERSECTION OF MILITARY TRAIL (S.R. NO. S -809) AND BURNS ROAD; THENCE SOUTH 88'29'38' EAST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER (NE %) AND CENTERLINE OF-BURNS ROAD, A DISTANCE OF 50.00 FEET; THENCE NORTH 0133'11" EAST, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER (NE 1,4), A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, ALSO BEING THE INTERSECTION OF THE EXISTING WEST RIGHT - OF —WAY LINE OF MILITARY TRAIL AND NORTH RIGHT —OF —WAY LINE OF BURNS ROAD AS SHOWN IN ROAD PLAT BOOK 7, PAGES 9 THROUGH 14; THENCE CONTINUE NORTH 01'33'11" EAST, ALONG SAID WEST EXISTING RIGHT —OF —WAY LINE, A DISTANCE OF 1277.37 FEET TO THE SOUTH RIGHT —OF —WAY LINE OF JOHNSON DAIRY ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 1786, PAGE 1574, SAID RIGHT —OF —WAY LINE LYING 25 FEET SOUTH OF THE NORTH LINE OF THE SOUTH HALF (S %) OF SAID NORTHEAST QUARTER (NE 34); THENCE SOUTH 8833'15' EAST ALONG SAID SOUTH RIGHT —OF —WAY LINE, PARALLEL WITH SAID NORTH UNE, A DISTANCE OF 1272.24 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER (SE 34). OF THE SAID NORTHEAST QUARTER (NE 9); THENCE CONTINUE SOUTH 88'33'15 EAST A DISTANCE OF 87.00 FEET; THENCE NORTH 0133'32' EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER (SE 9) OF THE NORTHEAST QUARTER (NE 34), A DISTANCE OF 50.00 FEET; THENCE SOUTH 8833'15' EAST A DISTANCE OF 605.46 FEET TO THE WEST RIGHT —OF —WAY LINE OF INTERSTATE 1 -95 (S.R. NO. 9); THENCE SOUTH 31'29'26" EAST ALONG SAID WEST RIGHT —OF —WAY LINE, A DISTANCE OF 140.92 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH .6427'53" WEST, A RADIUS OF 3,669.84 FEET, AND A CENTRAL ANGLE OF 11'55'20'; THENCE PROCEED SOUTHERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT —OF —WAY LINE, A DISTANCE OF 763.63 FEET TO THE END OF SAID CURVE; THENCE NORTH 88'29'38' WEST, DEPARTING FROM SAID RIGHT —OF —WAY LINE, A DISTANCE OF 724.13 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED IN OFFICIAL RECORD BOOK 1826, AT PAGE 1352; THENCE CONTINUE NORTH 8829'38' WEST ALONG THE NORTH LINE OF SAID CERTAIN PARCEL OF LAND, A DISTANCE OF 260.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 01'33'32' WEST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 505.00 FEET TO A POINT ON THE NORTH RIGHT —OF —WAY LINE OF BURNS ROAD, SAID POINT LYING 25 FEET NORTH OF THE SOUTH LINE OF AFORESAID NORTHEAST QUARTER (NE 9) OF SECTION 12; THENCE NORTH 88'29'38' WEST ALONG SAID NORTH RIGHT —OF —WAY LINE, A DISTANCE OF 60.00 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER (SE 34) OF THE SAID NORTHEAST QUARTER (NE 9); THENCE. NORTH 01'33'32' EAST, ALONG SAID WEST UNE, A DISTANCE OF 5.00 FEET; THENCE NORTH 88'29'38" WEST ALONG THE NORTH RIGHT —OF —WAY LINE OF BURNS ROAD, 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF AFORESAID NORTHEAST QUARTER (NE 34), A DISTANCE OF 1272.11 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL CONTAINING IN ALL 54.93 ACRES, MORE OR LESS Aessier & Associates PBG MUNICIPAL COMPLEX PROJECT NO.: 98 -063 CONSULTING ENGINEERS PROPOSED 10/27/99 11211 Prompslty Farms Road. SuNd C -301. Palm eaach cards,., Flarlela 334110 BELLSOUTH EASEMENT SHEET 2 OF 3 PHONE (561) 627 -2226 FAX (561) 624 -1569 REVISED 10 -29 -99 _D �7 -� �7 O D RESOLUTION 141, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR SUPPORT OF CONTINUED FUNDING OF THE EASTWARD HO! INITIATIVE; PROVIDING FOR DISTRIBUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens strongly supports the continuation of the same level of funding of the Eastward Ho! Initiative through the South Florida and Treasure Coast Regional Planning Councils; WHEREAS, the City Council of the City of Palm Beach Gardens recognizes the success and value of the Eastward Ho! Initiative throughout the communities of the South Florida and Treasure Coast Regions; WHEREAS, the City Council of the City of Palm Beach Gardens recognizes that funding for the Eastward Ho! Initiative is necessary so that the South Florida and Treasure Coast Regional Planning Councils can continue to perform numerous efforts to support sustainable urban redevelopment and economic development planning activities; WHEREAS, the City Council of the City of Palm Beach Gardens believes that not fully and consistently funding the Eastward Ho! Initiative through the South Florida and Treasure Coast Regional Planning Councils will jeopardize the state's existing and future investment in the Everglades and Restudy efforts; and the future growth and redevelopment of urban communities in the corridor; and WHEREAS, having to compete for other sources of funding out of dwindling revenue sources is not an efficient allocation of resources and dedication of staff time and energy to support resources of annual funding, and reduces the amount of time dedicated by regional planning councils to support the Eastward Ho! Initiative. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby request that the Governor appropriate dedicated funding on a recurring basis for the Eastward Ho! Initiative, through the South Florida and Treasure Coast Regional Planning Councils at the current level of funding as a line item in the Department of Community Affairs base budget. SECTION 2. The City Clerk is directed to distribute copies of this Resolution to the Honorable Jeb Bush, the Palm Beach County Legislative Delegation, and all Palm Beach County municipalities. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS _ DAY OF NOVEMBER, 1999. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT rewure cocv-t regional planning council October 21, 1999 The Honorable Joseph Russo Mayor City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: Continued Funding for the Eastward Ho! Initiative Dear Mayor Russo: The proven success of the Eastward Ho! Initiative in Southeast Florida over the past few years has been exciting and encouraging — hundreds of locally driven efforts have helped spur the revitalization of the region's "main streets" and communities. This continuing success depends on a sustained long -term effort, but the state funding for the Eastward Ho! Initiative is going to stop. For the Treasure Coast Regional Planning Council to continue to provide quality redevelopment, town planning assistance and technical support, an adequate and stable source of funding at the current level from the Department of Community Affairs and from the State of Florida is crucial. You can help by sending a letter of support or by adopting a resolution in support of continued funding for the Eastward Ho! Initiative to Governor Jeb Bush and to Secretary Steve Seibert, Department of Community Affairs, Tallahassee. Enclosed is a sample letter of support and a sample resolution for your review. Council sincerely appreciates your support and participation. Please telephone me if you have any questions. Sincerely, /f Michael J. Busha, AICP Executive Director MJBJb Enclosure 301 east ocean boulevard suite 300 Stuart, Florida 34994 phone (561) 221 -4060 sc 269 -4060 fax (561) 221 -4067 RESOLUTION NO. A RESOLUTION OF THE SUPPORTING CONTINUED FUNDING OF THE EASTWARD HO! INITIATIVE. WHEREAS, the strongly supports the continuation of the same level of funding of the Eastward Ho! Initiative through the South Florida and Treasure Coast Regional Planning Councils; and WHEREAS, the recognizes the success and value of the Eastward Ho! Initiative throughout the communities of the South Florida and Treasure Coast Regions; and, WHEREAS, the recognizes that funding for the Eastward Ho! Initiative is necessary so that the South Florida and Treasure Coast Regional Planning Councils can continue to perform numerous efforts to support sustainable urban redevelopment and economic development planning activities; and, WHEREAS, the believes that not fully and consistently funding the Eastward Ho! Initiative through the South Florida and Treasure Coast Regional Planning Councils will jeopardize the state's existing and future investment in the Everglades and Restudy efforts; and the future growth and redevelopment of urban communities in the corridor; and, WHEREAS, having to compete for other sources of funding out of dwindling revenue sources is not an efficient allocation of resources and dedication of staff time and energy to support sources of annual funding, and reduces the amount of time dedicated by regional planning councils to support the Eastward Ho! Initiative. NOW, THEREFORE, BE IT RESOLVED BY THE of that: Section 1. The foregoing recitals are hereby redeemed to be true and correct. Section 2. The of hereby request that the Governor appropriate dedicated funding on a recurring basis for the Eastward Ho! Initiative, through the South Florida and Treasure Coast Regional Planning Councils at the current level of funding as a line item in the Department of Community Affairs base budget. Section 3. The is directed to distribute copies of the Resolution to the Honorable Jeb Bush; the Legislative Delegations; and all County municipalities. Section 4. This Resolution shall take effect immediately upon adoption by the of Date Governor Jeb Bush Executive Office of the Governor The Capitol Tallahassee, Florida 32399 Secretary Steve Seibert Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Subject: Continued Funding for the Eastward Ho! Initiative Dear Governor Bush (Secretary Seibert), The proven success of the Eastward Ho! Initiative in Southeast Florida over the past few years has been exciting and encouraging. Hundreds of locally driven efforts have helped to spur revitalization of the region's "main streets" and communities, created new job and economic opportunities, and has assisted in providing alternatives to the sprawl that is threatening one of the state's largest investments and most valuable natural resources — the Everglades Ecosystem. Continued success depends on a sustained, long -term effort and an adequate and stable source of funding for the South Florida and Treasure Coast Regional Planning Councils to administer Eastward Ho! Initiatives. Through these initiatives, the two southeast Florida regional planning councils provide the community education and technical assistance to bridge the difference between state programs and local needs; serve to facilitate community -based planning and visioning efforts, coordinate community activities, assist in implementing plans at the local level, and create and maintain partnerships of all types. We appreciate your support for continued funding for the Eastward Ho! Initiative. Sincerely, cc: John Flanigan, Chairman TCRPC CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 1999 Date Prepared: October 27, 1999 Subject/Agenda Item: Consent Agenda — Resolution 142, 1999 — Palm Beach County Florida Geographic Information System (GIS) Information Policy Data Licensing Agreement — Intergovernmental Rider Recommendation/Motion: Staff recommends approval of Resolution 142, 1999. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorne Y Growth M agement Total (]Approved Finance NA $ [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: [ IOperating [ ] Other Intergovernmental Rider Submitted by: I [x ] Not Required Growth Management Director Affected parties Budget Acct.1h: Approved by: [ x ] Notified [ ] None City Manager [ ] Not required REQUEST: Staff is requesting the authorization to sign and agree to the Palm Beach County Geographic Information Systems (GIS) Information Policy Data Licensing Agreement — Intergovernmental Rider. Agenda Cover Memorandum Page 2 BACKGROUND: November 4, 1999 Palm Beach County, Florida has reserved the right of authorship and ownership for its Geographic Databases, whether in hard copy or digital form. In order to preserve copyright laws in these data, the County has developed a Personal Use Agreement and Intergovernmental Rider. The Personal Use Agreement permits the Licensee, in this case the City of Palm Beach Gardens, to make use of the data without the burden of ownership. The purpose of this Intergovernmental Rider GIS Information Policy Data Licensing Agreement is to foster intergovernmental relations and to permit other units of government to use the Data on a non - exclusive, royalty free basis. Staff is currently working on developing the City's GIS system and data. This Interlocal Agreement will provide standardized GIS data to flow freely from agency to agency. Data exchanged will include parcel data, centerline data, and orthophotography. Orthophotography is a mosaic of aerial photography, which has been georeferenced and corrected. This Interlocal Agreement will provide a free exchange of data, standardize information as well as preventing the duplication of data gathering efforts. Staff Recommendation: Staff recommends approval of Resolution 142, 1999 which authorizes the execution of the Palm Beach County GIS Information Policy Data Licensing Agreement — Intergovernmental Rider. Prepared and Submitted by: Melissa Prindivill �ZO GIS/Planning Technician \\MAINSER V ER \COMPROG \MELISSA \Interloca I.CC.DOC RESOLUTION 142, 1999 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE INTERGOVERMENTAL RIDER OF PALM BEACH COUNTY FLORIDA GEOGRAPHIC INFORMATION SYSTEM (GIS) INFORMATION POLICY DATA LICENSING AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens agrees to support and uphold the Palm Beach County Personal Use Agreement - Intergovernmental Rider; WHEREAS, the City Council of the City of Palm Beach Gardens authorizes the City Manager to execute the Intergovernmental Rider GIS Information Policy Data Licensing Agreement. WHEREAS, the purpose of the Intergovernmental Rider is to foster intergovernmental relations and to permit other units of government to use the Data on a non - exclusive, royalty free basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens supports the Palm Beach County Florida GIS Information Policy Data Licensing Agreement — Intergovernmental Rider. Section 2. The City Council authorizes the City Manager to execute the Intergovernmental Rider and observe the terms of the Rider. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE 4th DAY OF NOVEMBER 1999. JOSEPH R. RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK C VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT Intergovernmental Rider Palm Beach County Florida GIS Information Policy Data Licensing Agreement - Intergovernmental Rider 1D3MFINZTIONf3 For the purposes of this Intergovernmental Rider (hereinafter "Rider "): A. An "Intergovernmental" organization is a governmental body or other public or quasi -public entity recognized as such under Florida Law. B. The term "Open Records Laws" refers to Chapter 119 of the Florida Statutes. C. "Data" means all information, graphic, database, text, annotation, documentation and materials, regardless of the form or format in which it is maintained, in which the County has authorship or other ownership interest. D. A "Licensee" is a requester or recipient of Data, regardless of the source from which the Data is received. A Licensee may be an individual or an organization. Notwithstanding, a Licensee may only be a single individual or legal entity such as a corporation or partnership but not a group of entities, such as an affiliation or joint venture. ZNTRODUCT]CON This agreement is a Rider to the Palm Beach County, Florida GIS Information Policy Data Licensing Agreement — Personal Use Agreement (hereinafter " License "). Except where provided herein, all terms and conditions of the License govern and control the relationship between Palm Beach County, Florida (hereinafter "County") and the Licensee relative to the Data. The purpose of this Rider is to foster intergovernmental relations and to permit other units of government to use the Data on a non - exclusive, royalty free basis. pERMZTTED ZTssEB In addition to the permitted uses identified in the License, the Intergovernmental Rider Licensee may: A. Use, view, alter, modify, analyze or merge the Data for the Licensee's internal purposes. B. Transfer both hardcopy and digital versions of the Data to third parties under Open Records requests so long as: 1. Credit or attribution is given to the County and, where appropriate, the custodial agency; 2. The County's copyright ownership interest and notice is displayed; 3. Notice that use of the Data is limited by the License agreement, including disclaimers with the County; and CONDITION PRECEDENT In consideration of the additional rights afforded by this Intergovernmental Rider, the Licensee agrees to negotiate and execute an Inter -Local Cooperative Agreement with the County. Page i AFFZ1�Y11IATZ ®N The undersigned Licensee affirms and warrants that it qualifies as a Intergovernmental entity and that it will observe the terms of this Rider. In addition, the Licensee agrees that if its status as a Intergovernmental Entity changes, that it will execute the appropriate License and/or rider and pay fees in accord with that rider. Failure to do so shall be prima facie evidence of a breach of this agreement and cause for termination of the License and this Rider. Licensee Licensee Address / Phone / Fax / E -Mail By: Title Date: Page 2 k CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 1999 Subject/Agenda Item: Public Hearing: Re- Alignment of Hood Road - Resolution 134, 1999 Recommendation /Motion: Staff recommends approval of Resolution 134, 1999. Reviewed by: Originating Dept.: Costs: $ ^0 Council Action: Total City Attorneykf Planning & Zoning [ ] Approved ^, Division ACM r1� /� $ 0 [ ] Approved Wi conditions Other N/A Current FY [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: 10/28/99 [ ] Operating Paper: PBPost [ ] Other_ N/A Resolution 134, 1999 [ ] Not Required Location Map Letter from The Submitted by: Sanctuary Growth Mgt. Director Affected parties [x ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: . Land Design South, agent for Binks Estates Limited Partnership, has filed a petition to re- locate Hood Road between Alternate A1A and Prosperity Farms Road. Hood Road, a county thoroughfare, was to traverse from the current location of the Hood Road /Alternate A1A intersection on a southerly route which dissects the Frenchman's Forest ecosite. The City's Comprehensive Plan, Conceptual Thoroughfare Plan, illustrates both the extension of Hood Road and of Flamingo Road through the subject tract of property which has been purchased by the petitioner under the Toll Brothers name. The Comprehensive Plan states that the alignment of conceptual thoroughfares will be established during site plan review process. The Toll Brothers development application, a September submittal pursuant to the Forebearance Agreement, is undergoing concurrency review. To facilitate the PUD review process, the City is considering at this time the re- alignment of the thoroughfare which must be approved by Palm Beach County. A resolution supporting the re- alignment has been prepared for Council consideration. The action of the City Council will be provided to the County as background information for their consideration of the re- alignment. HISTORY: In short, the County established the current, southerly alignment of Hood Road in 1990 over the objections of the City who preferred the northerly alignment. Right -of -way had been dedicated for Hood Road purposes from the early 1980s. Seacoast Utility Authority has located major distribution lines within said right -of -way. Due to political pressures mounting from neighboring residents, the County removed a potential Hood Road ICWW bridge from the County Thoroughfare Plan and re- aligned the roadway between Alternate A1A and Prosperity Farms Road. Since that time, the County has purchased the Frenchman's Forest ecosite. Environmentalists find the future roadway a determent to the ecosite and desire its relocation to the north. Concerns from residents about a future ICWW bridge and the related traffic it would bring to the neighborhood have subsided since the ICWW crossing was removed from the thoroughfare plan. There may be renewed concern, however, due to this petition. PROPOSAL: The Toll Brothers are proposing a two -lane circuitous alignment which includes a traffic circle just east of the Alternate A1A/Hood Road intersection. The proposal does not follow the original northerly alignment from the 1980s, but re- locates the roadway to run along the northerly boundary of the Toll Brothers' property to connect to Flamingo Road. The roadway is being designed for 35 mph. The City's Comprehensive Plan requires that it receive 'parkway' treatments. Due to the sensitivity of the re- alignment, this item has been advertised as a public hearing and all property owners within 500' have been mailed a notice. The petitioner has held meetings with Frenchman's Creek POA and The Sanctuary POA. The Sanctuary has provided a letter of support. The District 1 Commissioner has been discussing this matter with neighboring residents in the unincorporated areas. RECOMMENDATION: Staff has been coordinating its review with the County traffic engineers. We recommend approval of the re- alignment of Hood Road, as proposed. The cross - sections and plans prepared for this petition are considered 'conceptual.' The actual alignment, landscape buffers and parkway treatments will be finalized during the Toll Brothers PUD review process. October 18, 1999 RESOLUTION 134, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE REALIGNMENT OF HOOD ROAD BETWEEN ALTERNATE AIA AND PROSPERITY FARMS ROAD TO A NORTHERLY ROUTE WHICH CONNECTS WITH FLAMINGO ROAD; PROVIDING FOR TRANSMITTAL TO THE BOARD OF COUNTY COMMISSIONERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has received a petition from Binks Estates Limited Partnership to realign Hood Road between Alternate AIA and Prosperity Farms Road; and WHEREAS, the City's Comprehensive Plan identifies Hood Road on the conceptual thoroughfare plan and provides that the alignment will be determined during site plan review; and WHEREAS, the Binks Estates Limited Partnership /Toll Brothers Inc. have submitted a development application for Planned Unit Development; and WHEREAS, Hood Road is a county thoroughfare which traverses the City and the ultimate alignment must be established by Palm Beach County; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens conceptually approves and supports the realignment of Hood Road between Alternate AIA and Prosperity Farms Road as proposed by Binks Estates Limited Partnership, the cross - sections and plans of which will be reviewed and considered for final approval with the Toll Brothers PUD. Section 2. The City Council directs the City Clerk to forward this Resolution to the Board of County Commissioners, Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS _ DAY OF 51999. MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK mm Resolution 134, 1999 Page 2 APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO PROJECT LOCATION N TS EXISTING HOOD ROAD c Q Q z C w Q FRENCHMAN'S CREEK PROPOSED HOOD ROAD / DEVELOP T' THE SANCTUARY EXISTING FLAMINGO ROAD o Q C �O c u- i I c w cn O C d VICINITY MAP L m TOLL BROTHER'S SAND DEVELOPMENT DESIGN PREPARED FOR TOLL BROTHERS, INC. I SOtf I fl PALU REACH AARdPNS Fl ARIOA IaxdwaolAcAlladr�ne..�w..a I a A H O < <Fao � 2 D n m w �I 0 � z� 2 a 3 y D v a D rn 2 m A W m S b � 0;a 00 D m L. 0� z 2 .2 0 AEIERNAIE A.1-A, SR811 Al ��s� m� S b � OW 091, n rn i C O z 0 0 0 7000 O D D P-3 O r r 0 y x C�J d t� C t� r 0 b r� z y bl A Cn N N 2 .2 Z T O V) Z o mppp � �NOa .c OW 091, n rn i C O z 0 0 0 7000 O D D P-3 O r r 0 y x C�J d t� C t� r 0 b r� z y 11 _ _ _ __ hl ................ MW W PAVEW I x1,.< o gF — — — — — — — — -- _TEST VWRDRr ILTINIVICIP -sujecr-patm C. i i n x i m b T m N 2 T T N vo I Z�m � OvD = o RC3MrH Q m mQ o Oo > 0-1 p z mx =99 a scc N MATCH LINE - SEE SHEET I � �■ _ r } �/ � | 7 | i MA rCH — ; ? | | � � ® • | ! ' m ) • , e \ $ | | ! � �life ; � | � , � s , | p § ■ � p • w $ $ As, { \ * |i ' $ r m'' � ■ � B , 1•' /\ § � § , k |i40 }\\ | � i . ( ) ■ - ! ' � � ■ s - .| ' _r LINE SEE SHErr \_A ■ � � $ k/ @z c § >tCl) Ma 0� [ q ? § 0 a m ■•` Z5` 01 |T | h q To -V 9 0m c - I . , , §q0 2 - - - -- , 500 0�0 � � $ k/ ■� t ~ ~, 00 zoo § >tCl) . [ q ? § O g9| a m ■•` (n 01 |T | h q To -V . � / � ! § i . § ; § M0 00 o° 2k 60 WEST RIGHT-OF-WAY _ /a_ - -® . &| m` 19E:� M0 90 o° Z= >2 *Q \ mm ¥q kz m2 m2 0 m . | |` ■ k —� - -� ■ § §� � P ` ] ■� % .. ,_ _T-OF LJNE- HOOD _ LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. &C 0— CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Sean C. Donahue SC/) DATE: October 13, 1999 SUBJECT: Hood Road Realignment File No. 79 -0050 We attended a meeting at the City of Palm Beach Gardens to discuss the referenced roadway realignment. Charlie Walker and Omelio Fernandez were also in attendance. The Hood Road Alignment Study drawings were discussed and all issues regarding the alignment were concluded with approval. However, the City of Palm Beach Gardens will have continents on the cross - sections, design features and the intersection at Prosperity Farms Road during construction plan review. SCD/LL:scd cc: Roxanne Manning P:\PBGMEM0\0050 \0050g OCT 1� Nc99 P EA &N. ZON \NG 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE uct In 5y 1U:J1a Land Design South 478 -5012 The Sanctuary Homeowners Association, Inc. P.Q. Box 30154 Palm Beach Gardens, Florida 33420 561/792 -2934 fax 792.1919- September 28, 1999 Mr. Robert A. Bentz Congress Business Center 1280 N. Congress Avenue, Suite 215 West Palm Beach, Florida 33409 Re.- Land Development Along Hood Road Dear Mr. Bentz: ✓Ji J It was a pleasure meeting with you the other week regarding your proposed development of the pasture land West of The Sanctuary. The Sanctuary Homeowners Association is in agreement with the proposal you talked about and faxed over and wishes you every success with the project. As we had discussed at that meeting, please contact my office should you have questions or require assistance from The Sanctuary. Also, as discussed we are most interested in having you possibly take over the maintenance of the South side of Flamingo Road and we would be very interested in discussing this further with you. Please feel free to contact the association via the property manager at the above number. Sincerely, (& 1(r. Beverley Jamason, Property Manager on behalf of The Sanctuary HOA, Inc. p.2 3 ,F. ACx cOG w ° ►mac' \LORD/ October 19, 1999 Department of Engineering and Public Works Kim Glas, AICP P.O. Box 21229 City of Palm Beach Gardens 10500 N Military Trail West Palm Beach, FL 33416 -1229 Palm Beach Gardens, FL 33410 -4628 (561) 684 -4000 www.co.palm- beach.fl.us SUBJECT: HOOD ROAD REALIGNMENT EAST OF ALTERNATE A -1 -A - LANDSCAPING Dear Ms. Glas: This is a follow -up of your facsimile of October 12, 1999, to Bob Bentz a copy of which was sent to Charles Walker. In your fax, you noted that Palm Beach County since Hood Road is a County road, the County will have to give approval Board of County before the realignment is finalized. Commissioners Maude Ford Lee, Chair As this is a County road, County approval in the form of a permit will also be required for any landscaping to be located in the road right of way. It Warren H. Newell, Vice Chairman is of course, our desire to work cooperatively with the City to reach a Karen T. Marcus landscaping design that will be mutually acceptable. Carol A. Roberts Please let me know if I can be of any help with this matter. Feel free to Mary McCarty contact me if you have any questions. Burt Aaronson Sincerely, Tony Masilotti OFFICE OF THE COUNTY ENGINEER County Administrator Andrew S. Hertel, AICP Robert Weisman Special Projects Coordinator - Traffic Division ASH:meo pc: Charles R. Walker, P.E., Director, Traffic Division File: Roads - Hood Road General - Landscaping C.%o ASH \hood -glas'An Equal Opportunity Affirmative Action Employer' Wprinted on recycled paper OCT -27 -99 WED 08:55 ARCH CONST TECH INC 561 +624 +0482 p.02 James F. Schnelle, Jr., ,P. E. Environmental Management & Engineering 8259 North Military Trail, Suite #8 Palm Beach Gardens, Florida 33410 -6352 (561) 622 -5549 October 13, 1999 FA Ms. Kim Glas- Castro, Principal Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Hood Road Re- Alignment Dear Kim: In accordance with your transmittal dated September 27, 1999, we have reviewed the proposed impact of the road realignment on the existing ecosystems. It is our opinion there will be no irreplaceable, irretrievable resources or irreversible environmental damage with this alignment. The roundabout and north leg traverse improved pasture (FLUCC's 211) and woodland pasture (FLUCC's 213), the east -west aligns nent woodland pasture (FLUCC's 213), cypress- pine - cabbage palm hammock (FLUCC's 428), xeric oak (FLUCC's 421), melaleuca (FLUCC's 424), and pine £latwoods (FLUCC's 411). Listed epiphytes occur within the cabbage palm hannnaock. Those species known or suspected to occur are Wild fine (Tillandsia sp.), Hand Fein (Ophioglossum Palmatum), and Butterfly Orchid (Bncyclia Tampensis). We recommend trees which host listed species be relocated on. -site using a tree spade. Thank you for the opportunity to provide consultant services to you. Very truly yours, James F. Sehnelle, Jr., PE Consultant JS:bl CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 1999 Subject/Agenda Item: Public Hearing / Consideration of 2nd Reading and Adoption: Ordinance 27, 1999 #99 -1 Round of Comprehensive Plan Amendments Recommendation /Motion: Staff recommends approval of Ordinance 27, 1999. Reviewed by 1 O \� City Attorney PNID`� Originating Dept.: Planning & Zoning Costs: $ 0 Total Council Action: [ ] Approved ACM \_I�_ Q6 ` Divi ion $ 0 [ ] Approved w/ conditions Other N/A Current FY [ ] Denied Advertised: Funding Source: [ ] Continued to: Date:10114/99 [ ] Operating Attachments: Paper: [ ] Other N/A Ordinance 27, 1999 ORC Report PB Post [ ] Not Required Summary of Amendments Submitted by: Growth Mgt. Director Affected parties [ X] Notified Budget Acct. #: [ ] None Approved by: Catalfumo Greystone Palm Beach County West Palm Beach City Manager [ ] Not required BACKGROUND: This public hearing was continued from the October 21 s` meeting due to an advertising oversight. At its June 171 meeting, the City Council approved for transmittal to the Department of Community Affairs the proposed #99 -1 round of comprehensive plan amendments and approved on first reading Ordinance 27, 1999. The Department of Community Affairs issued its Objections, Recommendations and Comments (ORC) Report with no comments. The 99 -1 round of amendments consists of staff - initiated changes to the City, s comprehensive plan. They include 1) delineation of the Western Northlake Boulevard Corridor Planning Area, 2) Intergovernmental Coordination Element revisions, 3) MacArthur Banyan Tree Historic Overlay, and 4) Assisted Living Facility /Nursing Home density provisions. Western Northlake Boulevard Corridor Planning Area B The interlocal agreement (approved at the April 15th Council meeting) requires the three participating governments to recognize the planning area in their respective comprehensive plans. ICE Revisions B Chapter 163.3177(h) requires all governments to amend their intergovernmental coordination elements (ICE) by November, 1999. The required revisions include stronger mechanisms for coordination and cooperation. MacArthur Banyan Tree Historic Overlay B Policy 5.1.5.3. is being proposed to protect MacArthur Boulevard as a historic gateway into the City. ALF Revisions B Policy 3.1.4.5. of the Housing Element requires that the City evaluate nursing homes, assisted living facilities (ALFs) and other group homes, and to amend the Land Development Regulations by January, 2000. In order to amend the LDRs, a comprehensive plan amendment is needed to establish the policies and criteria for these uses. Each of the proposed amendments is specified on the following pages. The Local Planning Agency recommended approval of the proposed amendments at its May 25th meeting. (It should be noted that there was a lot of discussion about the ALF density bonus B compatibility with surrounding neighborhoods was the primary concern.) DEPARTMENT STATE OF FLORIDA OF COMMUN ITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" )EB BUSH STEVEN M. SEIBERT Governor Secretary 0 The Honorable Joseph R. Russo, May City of Palm Beach Gardens 10500 N. Military Palm Beach Gardens, Florida 33410 yl� Dear Mayor Russo: F C1ty 0Gat6ns Paltn88ach SEP 1 b _. P�ANN�NG .0t4 ti 9T C The Department has completed its review of the proposed Comprehensive Plan Amendment for the City of Palm Beach Gardens (DCA No. 99 -1), which was received on July 2, 1999. Copies of the proposed amendment have been distributed to appropriate state, regional and local agencies for their review. The Department has reviewed the proposed amendment for consistency with Rule 9J -5, F.A.C., Chapter 163, Part II, Florida Statues (F.S.), and the adopted City of Palm Beach Gardens Comprehensive Plan. The Department raises no objection to the proposed amendment, and this letter serves as the Department's Objections, Recommendations and Comments Report. This letter and the enclosed external agency comments are being issued pursuant to Rule 9J- 11.010, F.A.C. Upon receipt of this letter, the City of Palm Beach Gardens has 60 days in which to adopt, adopt with changes, or determine that the Town will not adopt the proposed amendment. The process of adoption of local comprehensive plan amendments is outlined in Section 163.3184, F.S., and Rule 9J- 11.011, F.A.C. Within ten working days of the date of adoption, the City of Palm Beach Gardens must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; • copy of the adoption ordinance; • listing of additional changes not previously reviewed; • listing of findings by the local governing body, if any, which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE; FLORIDA 32399 -2100 Phone: (850) 488 - 8466 /Suncom 278 -8466 FAX: (850) 921 - 0781 /Suncom 291 -0781 Internet address: http: / /www.state.fl.us /comaff/ FLORIDA KEYS GREEN SWAMP Area of Critical Slate Concern Field Office Area of Cris al State Concern Field Office 2796 Overseas Highway, Suite 212 105 East Main Street, Suite 104 Marathon, Florida 33050-2227 Bartow, Florida 33830 -0641 The Honorable Joseph R. Russo September 10, 1999 Page Two The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J- 11.0.11(5), F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Treasure Coast Regional Planning Council. Please contact Talal M. Benothman, Planner IV, at (850) 487 -4545, if you need additional assistance. Since y, ob Cambric, AICP Growth Management Administrator BC /tmb cc: Ms. Kim Glas, Principle Planner Mr. Michael Busha, AICP, Executive Director, Treasure Coast Regional Planning Council • V ECOSYSYSTEM MCAT. Fax:850- 922 -5380 Aug 20 '99 14:09 Department of 00, Environrr�e tal Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth -Boulevard Tallahassee, Florida 32399 -3000 Mr_ D. Ray Eubanks Department of.Community Affairs Bureau of Local Planning 2555- Shumard. Oak Boulevard Tallahassee, Florida 32399 -2100 August 20, 1999 P. 06/06 'i David B. Scruhs Sacreary Re: Proposed Amendment to the Palm Beach Gardens Comprehensive Plan, DCA 99 -1 Dear Mr. Eubanks: The Office of Intergovernmental Programs of the Depaitinent of Environmental Protection has reviewed the above- referenced amendment under tl{e required provisions of Chapter 163, Part H, Florida Statutes, and Chapter 9J-5 and*91 -11, Florida Administrative Code. Our comments and recommendations are provided to assist your agency in developing the state's response. Please call me at (850)487 -2231 if you have any questions about this response_ Attachment Sincerely, Robert��Wi: Hall 1C Office of Intergovernmental Programs i it "Protect Conserve and Manage Aorida's Environment and Natural Resources" Prin" on r,c ded paper. i .I i i I 0 AU7N4C i S i a was .. yam. South Florida Water Management District. GON' 08 -28 August 13, 1999 Ray Eubanks, Planning Manager Plan Review and DRI Processing Team Department of Community Affairs 2555 Shumard Oak Boulevard ,Tallahassee. FL 32399 -2100 Dear Mr. Eubanks: Subject: Proposed Amendment Comments City of Palm Beach Gardens, DCA # 99 -1 Cv The South Florida Water Management District staff has reviewed the subject document and we have no water resource related comments. If you have any questions or require additional information, please call me at (561) 682 -6779. Sincerely, P.K. Sharma, AICP Lead Planner Lower East Coast Planning Division Planning Department PKS'mh c: Michael Busha, TCRPC Roxanne Manning, PBG Roger Wilburn, DCA Governing Board: Michael Collins. Chairman Michael D. Minton, Vice Chairman Mitchell W. Berger Vera M. Carter Nicolas J. Gutierrez. Jr. Frank R. Finch. P.E., Executive Director Gerardo B. Fernandez Harkley R. Thornton Michael Slayton, Deputy Executive Director; Patrick J. Gleason Trudi K. Williams Trevor Campbell, Deputy Executive Director` Mailine Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 DIVISIONS OF FLORIDA DEPARTMENT OF STATE ok& Office of the Secretary Office of International Relations of Elections Division of Ekctiwv Division of Corpora Affairs �/ O Division of cultural Affairs Division of Historical Resources Division of Library and Information Services o0o WE c� Division of Licensing Division of Administrative Services FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State Mr. Ray Eubanks DIVISION OF HISTORICAL Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Historic Preservation Review of the City of Palm Beach Gardens (99 -1) Request Dear Mr. Eubanks: MEMBER OF THE FLORIDA CABINET State Board of Education Trustees of dw Internal Improvement Trust Fund Administration Commission Fbrida Land and Water coamission Siting Board Q[vision of Bond Finance Department of Revenue Department of Law Enforcement Depatment of Highway Safety and Motor Vdddn Department of Veterans' Affairs St ytF AUG According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J -5, Florida Administrative Code, we have reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Palm Beach Gardens Comprehensive Plan. We have reviewed the proposed text changes to the Housing, Intergovernmental Coordination, and Future Land Use Elements, in addition to changes to the Future Land Use Map establishing a Western Northlake Boulevard Corridor Planning Area and a MacArthur Boulevard historic Overlay to consider the potential effects of these actions on historic resources. While our cursory review suggests-that the proposed changes may have no adverse effects on historic resources, it is the city's responsibility to ensure that the proposed revisions will not have an adverse effect on significant archaeological or historic resources in Palm Beach Gardens. In particular, changes involving increased density or intensity of existing land uses of tracts should be checked to see if any known or potential historic resources, both archaeological sites or historic structures, would be affected by these actions. Furthermore, we note that the city has now established a mechanism enabling the City Council to designate an archaeological or historic site as significant. We trust that the city will utilize this mechanism to designate additional sites in the future, and not only for a locally historic tree. In sum, it is our opinion that the amended comprehensive plan meets (although known and potential historic resources need to be carefully considered in the planning phases of proposed land use changes) the state of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J -5, F.A.C., regarding the identification of known historical resources within their specified area of jurisdiction, and for the establishment of policies, goals and objectives for addressing known and potentially significant historical resources in Palm Beach Gardens. If you have any questions regarding our comments, please feel free to contact Susan M. Harp or Laura Kammerer of the Division's Compliance Review staff at (850) 487 -2333. Sincerely, George W. Percy, Director Division of Historical Resources RA. Gray Building • 500 South Bronough Street a Tallahassee, Florida 32399MM • http: / /www.flheritage.com O Director's Office O Archaeological Research �toric Preservation O Historical Museums (850) 488 -1480 • FAX 488.3355 (850) 487 -2299 • FAX 4142207 (M) 487 -2333 • FAX: 922-0496 (850) 488 -1484 • FAX 921 -2503 O Historic Pensacola Preservation Board O Palm Beach Regional Office O St. Augustine Regioral Office Q Tampa Regional Office (850) 595 -5985 • . FAX 595 - 5989.... (561) 279 -1475 FAX: 279 -1476 _ _ _ (904) 825-5045 FAX 825 -5044 (813) 272 -A&* ! FAX 272.2340 Florida Department of Transportation JEB BUSH GOVERNOR 3400 WEST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33309 -3421 TELEPHONE: (954) 777 -0593; FAX: (954) 777-4197 DIVISION OF PLANNING AND PROGRAMS August 12, 1999 Mr. Ray Eubanks, Planning Manager Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Dear Mr. Eubanks: SUBJECT: Proposed Comprehensive Plan Amendments City Government: City of Palm Beach Gardens DCA Amendment #99 -1 (�91 BARRY, JR. rT The Department has reviewed the proposed Comprehensive Plan Amendments for the City of Palm Beach Gardens. The Department has no objections, recommendations or comments for the proposed amendments. Thank you for the opportunity to participate in the review process. If you have any comments or questions about this letter, please contact me at (954) 7774601. Sincerely, xr, -z-j zV-L':a' Joseph M. Yesbeck, P.E. District Director Planning and Programs JMY:lh cc: B. Romig, FDOT Central Office R. Wilburn, DCA G. Schmidt, FDOT 4 J. Scully, FDOT 4 www.dot.state.fl:us ® RECYCLED PAPER TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 6K From: Staff Date: September 17, 1999 Council Meeting Subject: Local Government Comprehensive Plan Review Draft Amendments to the City of Palm Beach Gardens Comprehensive Plan DCA Reference No. 99 -1 Introduction The Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, requires that the Council review local government comprehensive plan amendments prior to their adoption. Under the provisions of this law, the Department of Community Affairs (DCA) prepares an Objections, Recommendations, and Comments (ORC) Report on a proposed amendment only if requested to do so by the local government, the regional planning council, or an affected person or if an ORC Report is otherwise deemed necessary by the DCA. If the local government requests DCA to prepare an ORC Report, then the Council must provide DCA with its own objections, recommendations for modification, and comments on the proposed amendment within 30 days of its receipt. Background The City of Palm Beach Gardens has transmitted two Future Land Use Map (FLUM) amendments as well as text amendments to the Intergovernmental Coordination, Housing, and Future Land Use Elements of the City Comprehensive Plan. The City has requested that the amendments be formally reviewed which will result in the preparation of an ORC Report by the DCA. Evaluation Future Land Use Map Amendments West Northlake Boulevard Corridor Planning Area —In conjunction with Palm Beach County and the City of West Palm Beach, a joint planning effort was conducted in this corridor in 1998. Each local government passed a resolution in support of the study recommendations. More recently, each jurisdiction signed an interlocal agreement committing to "heightened review," which includes the recognition of the planning area in the comprehensive plan. The City of Palm Beach Gardens is proposing to depict the corridor on its FLUM and to adopt Policy 1.1.5.9 which commits to a heightened review of local land use changes and permit applications. 2. MacArthur Boulevard Historic District —Early in the 1960's when John D. MacArthur was in the process of landscaping his new City of Palm Beach Gardens, he relocated an 80 -year old banyan tree from the property of a Lake Park resident who planned to have the tree cut down. Although much of the original landscaping, pools, and fountains which had been placed at the entrance to the City are gone, this huge banyan tree remains. The City has decided to begin to designate historic and archeologically significant sites. They propose to establish a protective historic overlay zone to protect the MacArthur banyan tree. New Policy 5.1.5.3 is proposed in the Coastal Management Element to protect MacArthur Boulevard as a historic gateway into the City by protecting the banyan tree and a linear greenway. Text Amendments Intergovernmental Coordination Element — Amendments to Chapter 163.3177(h) Florida Statutes require all local governments to address certain requirements and to amend their plan if necessary by November of 1999. The City proposes the following policies to address these requirements: • Policy 8.1.1.5 commits to the utilization of the Palm Beach County Multi - Jurisdictional Issues Coordination Forum for matters of interjurisdictional significance such as siting of facilities of countywide significance or locally unwanted land uses. • Policy 8.1.1.9 clarifies that the Treasure Coast Regional Planning Council informal mediation process will be utilized if issues are not resolved through the County Intergovernmental Coordination process. • Policy 8.1.1.11 commits the City to pursue interlocal agreements with local governments who establish FLUM designations in adjacent areas. These agreements would establish joint planning areas. • Policy 8.1.1.12 addresses coordination with schools in the State University System regarding the development of campus master plans. 2. Future Land Use and Housing Elements Changes are proposed regarding Assisted Living Facilities (ALFs) and other group homes. Policy 3.1.4.5 of the City's Housing Element requires an evaluation of nursing homes, ALFs, and other group homes with necessary revisions to the land development regulations by January 2000. In order to amend the land development regulations, the City needs to do a comprehensive plan amendment to establish policies and criteria. The City staff has prepared a "white paper" based on its research, and the City proposes the following policy changes to the comprehensive plan: 2 • New Policy 3.1.4.6 in the Housing Element indicates that ALFs are allowed in all residential FLUM categories and addresses eligibility for a density bonus. • Policy 3.1.4.3 in the Housing Element is revised io commit to provide areas appropriate for location of community -based homes for eligible residents. Revised policies 1.1.1.4(d) and 1.1.1.5(a) of the Future Land Use Element addresses eligibility of ALFs for a density bonus within Planned Community Developments and Planned Unit Developments. Extraj urisdictional Impacts These amendments were processed by the clearinghouse for the Palm Beach County Intergovernmental Plan Amendment Review Committee on April 17, 1999. According to the coordinator, no objections have been received. A letter from the School District of Palm Beach County is attached. Effects on Significant Regional Resources or Facilities Analysis of the proposed amendments indicates that they would not have adverse effects on significant regional resources or facilities. The City is commended for the initiative to protect historic and archeologically significant resources consistent with Regional Strategy 15.1.1 which is to identify and protect archeological and historic resources in the region. The City is also commended for the preparation of a research paper on ALFs and for the recognition of the special needs of the elderly, consistent with Regional Goal 11.1 which addresses independence and self sufficiency of the elderly and Regional Goal 2.4 which seeks an adequate supply of safe and affordable housing to meet the needs of special populations. Objections, Recommendations for Modification, and Comments None Recommendation Council should adopt the above comments and approve their transmittal to the Department of Community Affairs. Attachments v C K W Q mac, < cSb Q a m a a U _ ti W ®' �' ®�► wr ws► Al — -- f� {au 2 ID Qlfi-Q ~a 0 Q al c 3. o So mza 2 0 o o b o cc z H 1 aa p Q 4 NV�1 g E`o } c? u ov v C K W Q mac, < cSb Q a m a a U _ ti W ®' �' ®�► wr ws► Al — -- f� r �. /100LD�� THE SCHOOL DISTRICT ItJ : ' OF PALM BEACH COUNTY, FLORIDA ' PLANNING & REAL ESTATE 9320 FOREST HILL BOULEVARD, C -331 -� WEST PALM BEACH. FL 33406 -5813 BEACH (561) 4348020 FAX (561) 434 -8187 May 13, 1999 Ms. Kim Glas Growth Management Department 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Comprehensive Plan Amendment I PBG — 9 (99 -1) Dear Ms. Glas: DR. JOAN P.KOWAL Suemffemea or SCHOOLS The proposed amendments to the Comprehensive Plan will not impact the public school system. These amendments are : Western Northlake Boulevard Corridor Planning Area, ICE Revisions, MacArthur Banyan Tree Historic Overlay, Adult Congregate Living Facility. The density bonus proposed for Adult Congregate Living Facility will not have an educational impact on the public school system provided the development orders contain language that specifically limit the density to adult congregate living facility and if converted to regular residential units, must comply with the underlying density. If there are any questions, please call me at 434 -8800. Sincerely, Ange D. Usher Planning Specialist (Educational) c: Anna Yeskey, Clearinghouse Terry Hess, TCRPC Linda H. Hines, Palm Beach County School District An Equal Education Opportunity PrWderand Affirmfive Action Employer 8 June 10, 1999 ORDINANCE 27, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS TO DELINEATE THE WESTERN NORTHLAKE BOULEVARD CORRIDOR PLANNING AREA, DESIGNATE A MACARTHUR BANYAN TREE HISTORIC OVERLAY, REVISE THE INTERGOVERNMENTAL COORDINATION ELEMENT PURSUANT TO CHAPTER 163.3177(h), AND ADD NEW POLICIES RELATING TO ASSISTED LIVING FACILITIES AND NURSING HOMES; PROVIDING FOR TRANSMITTAL AND FOR CODIFICATION IN THE COMPREHENSIVE PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has adopted an Evaluation and Appraisal Report pursuant to Chapter 163.3191 (1), Fla. Stat., which was found to be `sufficient' by the Department of Community Affairs; WHEREAS, the City has adopted a community 'vision' of the future encouraged by Chapter 163.3167(l 1), Fla. Stat.; WHEREAS, the City has entered into an interlocal agreement with Palm Beach County and the City of West Palm Beach which requires certain amendments to the Comprehensive Plan to recognize the Western Northlake Boulevard Corridor Planning Area; WHEREAS, Chapter 163.3177(h), Florida Statutes requires certain provisions to be included in the Intergovernmental Coordination Element; WHEREAS, Policy 3.1.4.5 of the Housing Element of the Palm Beach Gardens Comprehensive Plan requires the City to .consider amendments pertaining to assisted living facilities and nursing homes; and WHEREAS, the Local Planning Agency for the City, after public hearing, has recommended approval of the proposed amendments to the Comprehensive Plan of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The Comprehensive Plan of the City is hereby amended as set forth in Exhibit "A°. Section 2. The City Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are transmitted to the Florida Department of Community Affairs and, together with the City Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the City. Section 3. This ordinance shall be effective upon adoption, provided that the subject comprehensive plan amendments shall become effective in accordance with §163.3189(2), Fla. Stat. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF If I.. Ordinance 27, 1999 Page 2 '1999. '1999. , 1999. JOSEPH R. RUSSO, MAYOR ERIC JABLIN, COUNCILMEMBER LAUREN FURTADO, VICE MAYOR DAVID CLARK, COUNCILMEMBER ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO Ordinance 27, 1999: Page 3 CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT EXHIBIT "A" Future Land Use Map Revisions 1. Delineate the boundaries of the Western Northlake Boulevard Corridor Planning Area 2. Depict a symbol at the MacArthur Boulevard and Northlake Boulevard intersection and a reference to Policy 5.1.5.3. Future Land Use Element Revisions Insert a new policy, Policy 1.1.5.9. to read as follows: Policy 1.1.5.9: The Western Northlake Boulevard Corridor Planning Area shall be delineated on the 2015 Future Land Use Map. This area is generally located south of the Beeline Highway; west of the West Palm Beach Water Catchment Area; east of the J.W. Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard. Through an interlocal agreement, the City, Palm Beach County and the City of West Palm Beach shall provide for a means of intergovernmental cooperation in implementing the recommendations of the Western Northlake Boulevard Corridor Land Use Study, dated June 8, 1998. The provisions of this interlocal agreement shall establish a procedure for heightened review of local land use change petitions and development permit applications. 2. Revise Policy 1.1.1.4.(d) to read as follows: Policy 1 IJA.(d): In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan, or . Parcels within PCDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. ,► a V r ., re .,� r :..... U.,,.;r.. k � rr �� except in Coastal High Hazard Areas that are the ..=V VVLL�IVCK{.V JJl�ll1C Ili M{.• `l 11T 1 J, Category 1 Hurricane Evacuation Zones. 3. Revise Policy 1.1.1.5.(c) to read as follows: Policy 1.1.1.5.(c): In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan, or. PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to. Policy 3.1.4.6. f AA :A+ '1 Ordinance 27, 1999 Page 4 T ..a., ..,,....+.. "rT �` except in Coastal High Hazard Areas that are the V V11�1 V64FV L1 Y lll6 1 KVlll6' `A fVT J, p g Category 1 Hurricane Evacuation Zones. Intergovernmental Coordination Element Revisions 1. Revise Policy 8.1.1.5 to read as follows: Policy 8.1.1.5.: The City shall utilize the Palm Beach Countywide Intergovernmental Coordination Process as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities therein. The Multi- Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of intedurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. 2. Revise Policy 8.1.1.9 to read as follows: Policy 8.1.1.9: The City shall use the Treasure Coast Regional Planning Council's informal mediation (voluntary dispute resolution) process to resolve disputes or conflicts, including annexation issues, with other local governments, if not resolved through the Palm Beach Countywide Intergovernmental Coordination Process. When the City's efforts fail to resolve a dispute with any local government, the City shall notify the Regional Planning Council in writing about the dispute, requesting the Council's mediation. The City shall also notify the local government that the City has dispute with, about the City's request to the Regional Planning Council. 3. Insert new policies, Policy 8.1.1.11. and Policy 8.1.1.12., to read as follows: Policy 8.1.1.11: The City shall pursue interlocal agreements with local governments that have identified or adopted future land use designations for adjacent unincorporated areas. These agreements would establish "joint planning areas" pursuant to Chapter 163.3171, F.S. The City shall encourage joint planning agreements that include as many of the following planning considerations as are applicable. Additional items could be addressed at the concurrence of both parties, including: a. Cooperative planning and review of land development activities within areas covered by the agreement; b. Specification of service delivery; C. Funding and cost - sharing issues with joint planning areas; and d. Enforcementlimplementation. Ordinance 27, 1999 Page 5 Policy 8.1.1.12.: The City shall coordinate with those schools in its jurisdiction, which are part of the State University System, reqardinq the development of campus master plans or amendments thereto, to be done in accordance with Section 240.155, F.S. Coastal Manaqement Element Revisions 1. Insert a new policy, Policy 5.1.5.3 to read as follows: Policy 5.1.5.3.: The City shall protect MacArthur Boulevard as a historic gateway into the City through protection of the banyan tree(s) and linear greenway. This shall be accomplished by designating the entry as a historic site and by establishing a historic overlay zone in the Land Development Regulations by January, 2000. ;. .. Housing Element Revisions 1. Revise Policy 3.1.4.3. to read as follows: Policy 3.1.4.3: The City shall provide for community based residential homes eue f eilities needed to serve group h.0.1VJ r: tl:e clie.l�V :,f 3`al::,l' p.—r- -5 lK.ls those residents which meet by Y b' the criteria established by state statute, which shall be located at convenient, adequate, and non - isolated situ within residential or publichnstitutional areas of the City. —U `.. / A OT D..l �l,..11 1... - - .,,:+ +-A +., U--- +.. 1 C . «: +.. « « +1,« D e� A- - +;,,1 lJa.ia;b 1 KVUUavv �l +vas+ aJ oaaaala vV YVaaaulwu w aaK• V uY w a.+ aiauw Y °Vi i.vav iaa uaV 1�Vaauvaa.,aau LT;..1. Mm A.+,,, a I —A ..tee ,ion:,,«.,+;,,« ;« ,.,. «.. +:,,« ..,:+1, DI., «« .A TT—:+ 111611 `. —.I —VU1V 1VL11V1 se 4VJa611K{.1V11111 VVII'ul1V VlVl1 1.1.11 K 11K141VY —.—V LVIV1V Y111Va1V Vl .. Dl.. —A r...,,.,,,, «:+ Y%:.+.4^+ --^-+:" ub : 1, 1LY^ -. A A, +1..,+ .. « +1,.. K + auauavu vvuuaaulu.,� laa.. V�VVa aaa vvKUVNl ++laa +laal.cllu L VKJ uaK4 Ki V u1V vKaV6Vi� a T7...- 9nom «e 7.. «- 11u111VK11V L,KVVLK V1V ll lJVl1VJ. 2. Insert a new policy, Policy 3.1.4.6, to read as follows: Policy 3.1.4.6: Assisted Living Facilities (ALFs) shall be allowable in all residential land use categories subject to the density thresholds of the category. Ai Fs within a Planned Unit Development or parcel within a Planned Community District may be eligible for a density bonus subject to City Council approval. Council consideration of an ALF density bonus shall be based upon criteria which includes: compatibility with surrounding uses; impact on service delivery; provision of buffering and setbacks to mitigate building bulk or intensity; and/or design considerations of buildings and site. With demonstration of meeting said criteria, Council may approve an ALF density bonus of up to Ordinance 27, 1999 Page 6 18 dwelling units per acre in Residential Medium areas, and up to 24 dwelling units per acre in Residential High and Mixed Use areas. This density bonus shall not be applicable within the Coastal High Hazard Area. Skilled Care Nursing Facility may be permitted within Residential High land use areas at a maximum of 38 beds per acre when designed with an Assisted Living Facility in a Continuing Care Retirement Community. Individual Skilled Care Nursing Facilities shall be allowed within Commercial land use areas subject to the intensity thresholds of the category. The density for dwelling units and beds of Continuing Care Retirement Communities shall be measured from separate acreages delineated for each component. Ordinance 27, 1999 Page 7 #99 -1 Proposed Comprehensive Plan Amendments Future Land Use Map Revisions Delineate the boundaries of the Western Northlake Boulevard Corridor Planning Area Depict a symbol at the MacArthur Boulevard and Northlake Boulevard intersection and a reference to Policy 5.1.5.3. Future Land Use Element Revisions Insert a new policy, Policy 1.1.5.9. to read as follows: Policy 1.1.5.9: The Western Northlake Boulevard Corridor Planning Area shall be delineated on the 2015 Future Land Use Map. This area is generally located south of the Beeline Highway; west of the West Palm Beach Water Catchment Area; east of the J.W. Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard. Through an interlocal agreement, the City, Palm Beach County and the City of West Palm Beach shall provide for a means of intergovernmental cooperation in implementing the recommendations of the Western Northlake Boulevard Corridor Land Use Study, dated June 8, 1998. The provisions of this interlocal agreement shall establish a procedure for heightened review of local land use change petitions and development permit applications. 2. Revise Policy 1.1.1.4.(d) to read as follows: Policy 1.1.1.4.(4): In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan, cr. . Parcels within PCDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. or c.. " luft except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. 3. Revise Policy 1.1.1.5.(c) to read as follows: Policy 1.1.1.5.(c): In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan, or . PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. &. L —t' F ;, except in Coastal High Hamrd Areas that are the Category 1 Hurricane Evacuation Zones. lntergovemmental Coordination Element Revisions Revise Policy 8.1.1.5 to read as follows: Policy 8.1.1.5.1, The City shall utilize the Palm Beach Countywide Intergovemmental_Coordination Process as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities therein. The Multi- Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. 2. Revise Policy 8.1.1.9 to read as follows: Policy 8.1.1.9: The City shall use the Treasure Coast Regional Planning Council's informal mediation (voluntary dispute resolution) process to resolve disputes or conflicts, including annexation issues, with other local governments, if not resolved through the Palm Beach Countywide Intergovemmental Coordination Process. When the City's efforts fail to resolve a dispute with any local government, the City shall notify the Regional Planning Council in writing about the dispute, requesting the Council's mediation. The City shall also notify the local government that the City has dispute with, about the City's request to the Regional Planning Council. 3. Insert new policies, Policy 8.1.1.11. and Policy 8.1.1.12., to read as follows: Policy 8.1.1.11: The City shall pursue interlocal agreements with local governments that have identified or adopted future land use designations for adjacent unincorporated areas. These agreements would establish "joint planning areas" pursuant to Chapter 163.3171, F.S. The City shall encourage joint planning agreements that include as many of the following planning considerations as are applicable. Additional items could be addressed at the concurrence of both parties, including: a. Cooperative planning and review of land development activities within areas covered by the agreement: b. Specification of service delivery; C. Funding and cost- sharinq issues with joint planning areas; and d. Enforcement/implementation. Policy 8.1.1.12.: The City shall coordinate with those schools in its jurisdiction, which are part of the State University System, regarding the development of campus master plans or amendments thereto, to be dome in accordance with Section 240.155, F.S. Coastal Management Element Revisions 1. Insert a new policy, Policy 5.1.5.3 to read as follows: Policy 5.1.5.3.: The City shall protect MacArthur Boulevard as a historic gateway into the City through protection of the aanyan tree(s) and linear greenway. This shall be accomplished by designating the entry as a historic site and by establishing a historic overlay zone in the Land Development Regulations by January, 2000. Housing Element Revisions 1. Revise Policy 3.1.4.3. to read as follows: Policy 3.1.4.3: The City shall provide for community based residential homes wef'aeilities needed to serve gmup ho=s and L':e c'.:, a`w ^F eL':c .x those residents which meet the criteria established by state statute, which shall be located at convenient, adequate, and non - isolated sites within residential or publicJmstitutional areas of the City. "duh. Co ge -gzItc L ::::g 1; , :1ua�� `A CL,;c) ..11..11 - ..,, ;"-A havc up to 15 .�4a....,,� ...�:.. ,;. at,.t D:,;.A- .`.::.1 u:-U /DM C.:#::.e I A '.:.,: .�.: ^:.....,a:.t., :.. •...,..a:.....� yat.., Plwanned TT.. :a �.><..,l.t....t.t..a ... n Dl .,� .tw w........,� :a.. Tl:..µr: �a ., a :.. !`...�...an..a l Lr ;-U LT­ ­A A.:°.�..�, f4 ..a .. U."--* ...) ....a a v�.v..t.a ... ..b.. __ __ .... ..... alto !`., +.,......, t ur,.—:,ta.tet C.........,a;..« 7i...,t.. 2. Insert a new policy, Policy 3.1.4.6, to read as follows: Policy 3.1.4.6: Assisted Living Facilities (ALFs) shall be allowable in all residential land use categories subject to the density thresholds of the category. ALFs within a Planned Unit Development or parcel within a Planned Community District may be eligible for a density bonus subject to City Council approval. Council consideration of an ALF density bonus shall be based upon criteria which includes: compatibility with surrounding uses, impact on service delivery, provision of buffering and setbacks to mitigate building bulk or intensity, and/or design considerations of buildings and site. With demonstration of meeting said criteria, Council may approve an ALF density bonus of up to 18 dwelling units per acre in Residential Medium areas, and up to 24 dwelling units per acre in Residential High and Mixed Use areas. This density bonus shall not be applicable within the Coastal High l4nmrd Area. Skilled Care Nursing Facility may be permitted within Residential High land use areas at a maximum of 38 beds per acre when designed with an Assisted Living Facility in a Continuing Care Retirement Community. Individual Skilled Care Nursing Facilities shall be allowed within Commercial land use areas subject to the intensity thresholds of the category. The density for dwelling units and beds of Continuing Care Retirement Communities shall be measured from separate acreages delineated for each component. a- ii6A!irAi: F►+22EIIII(IL:;;�t �•d1JI!I Cite'� •_ ai-i'v ,dplI ni �_ta'L,. ice,• • t. • Y••� • j. •ln { r` i aid ° : ' ::•:2' :,,' ,:. i � f t:1 tyre( f.' a � _ 01/05/1999 09:31 561- 434 -4513 ULt.HttLN**JJ=- r#*= vc Chapter 163.3177(h) 1. An intergovernmental coordination element showing relationships and stating principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards and other units of !oral government providing services but not having regulatory authority over the use of land, %ith the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region, and with the state comprehensive plan, as the case may require and as such adopted plans or plans in preparation may cxist. This element of the local comprehensive plan shall demonstrate consideration of the particular effects of the local plan, when adopted, upon the development of adjacent municipalities. the county, adjacent counties, or the region, or upon the state comprehensive plan, as the case may require. a. The intergovernmental coordination clement shall provide for procedures.to identify and implement joint planning areas, especially for the purpose of annexation, municipal incorporation, and joint infrastructure service areas. b. The intergovernmental coordination clement shall provide for recog;nitioa of campus master plans prepared pursuant to s. 240.155. c. The intergovernmental coordination element may provide for a voluntary dispute resolution process as established pursuant to s. 186.509 for bringing to closure in a timely mariner intergovernmental disputes. A local government may develop and use an alternative local dispute resolution process for this purpose. 2. The intergovernmental coordination element shall further state principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards and other units of local government providing facilities and services but not having regulatory authority over the use of land. In addition, the intergovernmental coordination clement shall describe joint processes for collaborative planning and decisionnmaldng on population projections and public school sifuig, the location and extension of public facilities subject to concuzreney, and siting facilities with countywide significance, including locally unwanted land uses whose nature and identity are established in an agreement. Within 1 year of adopting their intergovernmental coordination elements, each county, all the municipalities within that county, the district school'board, and any unit of local government service providers in that county shall establish by interlocal or other formal agreement executed by all affected entities, the joint processes described in this subparagraph consistent with their adopted intergovernmental coordination elements. 3. To foster coordination between special districts and local general- purpose governments as local - general- purpose governments implement local comprehensive plans, each indcpcndcnt special district must submit a public facilities report to the appropriate local government as required by s. 189.415. 4. The state land planning agency shall establish a schedule for phased completion and transmittal of plan amendments to implerneut subparagraphs 1., 2., and 3, from alt jurisdictions so as to accomplish their adoption by December 31, 1999. A local government may complete and transmit its plan amendments to carry out thcsc provisions prior to the scheduled date established by the state land planning agency. The plan amendments are exempt from the provisions of s. 163.3187(1). ADULT CONGREGATE LIVING FACILITIES I. Purpose June 14, 1999 The EAR -based Comprehensive Plan, Policy 3.1.4.5, states that "By January 2000, the City shall undertake an evaluation of nursing homes, assisted living facilities, and other group homes, and amend the Land Development Regulations to add criteria which facilitates the development of such uses in the City." Staff has initiated this analysis to address some issues within this policy. In 1996, there were 33.8 million people in America over the age of 65. Each day this population increases by an average of 1,600 people, and it will double by the year 2030 - from Elderly Housing Market Has Exploded to Meet Demands of Older People. Florida also has one of the highest population percentages of persons over 65 in the nation. This growing population has been driving the demand for elderly housing, particularly adult congregate living facilities. The purpose of this review is to see if the Comprehensive Plan will adequately accommodate what is surely going to be a growing development trend in the nation, state and the City of Palm Beach Gardens. 11. Definitions and Present Densities Allowed Some industry experts define ACLFs as Assisted Living Facilities. For the purpose of this analysis, the term Adult Congregate Living Facilities will be used to define any facilities which offers residence, services, meals, and skilled care. to an elderly population. ACLFs have then been subdivided into three categories, Independent Living, Assisted Living and Skilled Care Nursing ACLFs are designed to provide a wide range of services and amenities, from Independent Living which may resemble your typical non - licensed apartment/condominium retirement community, to a 24 hour Skilled Care nursing facility. In between these two ends of the spectrum is Assisted Living, which allows for independent living with limited care and services. Developments which provide this entire spectrum of amenities and services is known as "Continuing Care Retirement Communities." This type of community represents a growing trend in the retirement community industry. As mentioned above, Independent Living "consists of private apartments with an extensive array of services available to the person or persons who live in the apartment. All Independent Living facilities emphasize, to at least some degree, independence and privacy. In most facilities there are no shared apartments (except by choice), all apartments have private bathrooms and most have a kitchenette. In most cases, the apartments can be furnished by the resident to meet his or her normal lifestyle. In short the main goal of assisted living is to provide as normal an atmosphere as possible, while providing all the personal care you may need" - from About Assisted Living. Assisted Living may consist of private apartments with an extensive array of services. However, the assisted living resident may require more care than an independent living resident, and may utilize the congregate facilities (e.g. dining, living and bathing spaces) more so than independent living residents. Also, assisted living residents may be more likely to share living spaces with a non - relative or spouse. Presently, the City permits the ACLFs in all residential districts consistent with the maximum density of the land use category. he City's Comprehensive Plan further allows a density bonus for Independent and Assisted Living ACLFs in Residential High (RH) land use categories at up to 15 d.u. /acre. Skilled Care Nursing Facility consists of traditional "nursing home" levels of care, which includes, congregate meals, shared living and bathing spaces, shared bedroom spaces with non - relative or spouse, and 24 hour medical care. Skilled nursing care facilities have a different state license than the independent and assisted living facilities. Presently, the City's Comprehensive Plan is silent in regards to Skilled Care Nursing Facilities. However, City policy and the land development regulations allow them in Commercial zoning districts. III. Comparative Density Regulations The City of Palm Beach Gardens Comprehensive Plan currently allows for ACLFs at a density of 15 dwelling units per acre in Residential High (RH). The following are the highest densities permitted by other local municipality zoning codes in residential districts: Jupiter: 20 dwelling units per acre, R -3 zoning district West Palm Beach: 32 dwelling units per acre, Type 3 ALF, any district Stuart: 30 dwelling units per acre, MF district Fort Lauderdale: ..730 dwelling units per acre, RH -30 district Boynton Beach: 11 dwelling units per acre Lake Worth: 30 dwelling units per acre, PO /MF special use district Delray Beach 12 dwelling units in RM district average 24 dwelling units per acre On average, other municipalities allow for higher densities (dwelling units per acre) than does the City for ACLFS. The City's Comprehensive Plan allows ACLFS as a permitted use only. Some communities allow for ACLFS as a conditional use. The following municipalities allow ACLFS at the following densities as a Conditional Use: Riviera Beach: 30 dwelling units per acre, MF district Tequesta: 24 dwelling units per acre, Mixed Use district 2 Greenacres: 20 dwelling units per acre, RM and RH district Fort Lauderdale: 60 dwelling units per acre, RH -60 district Fort Pierce: Density and district un- specified, to be determined by City Commission. Delray Beach: Density unspecified, Community Facilities District, Central Business District, Old School Square Historic District West Palm Beach: 32 dwelling units per acre, MF -14 - MF -32, Center City, Community Service, General Commercial, Neighborhood Commercial, Professional Office Residential, Office Commercial average 33 dwelling units per acre On average, ACLFs permitted as a conditional use are allowed at higher densities. III. Comparative Uses Allowing ACLFs The City's Comprehensive Plan allows ACLFs in all Residential land use districts, subject to the corresponding density requirements. Some area municipalities allow ACLFs in non- residential districts. The following municipalities allow for adult congregate living facilities in non - residential districts: Boca Raton: Medical Center district, 75 dwelling units per acre. Jupiter: C -2, C -3 Commercial districts, 20 dwelling units per acre. Juno Beach: Waterford Commercial /Office PUD, 18 dwelling units per acre. Lake Worth: N PO/Multi Family special use district, 30 dwelling unit per acre Tequesta: Mixed Use district, 24 dwelling units per acre. Delray Beach: Central Business District, Old School Square District, Community Facilities district, density unspecified. West Palm Beach: Center City, Community Service, General Commercial, Neighborhood Commercial, Professional Office Residential, Office Commercial, density unspecified average 33 units per acre On average, ACLFs in non - residential districts are permitted at higher densities than in residential districts. IV. ACLF Traffic Trip Rates Based on industry descriptions of Adult Congregate Living Facilities, the product will typically be very similar to conventional multi - family residential. Therefore, regulating ACLFs in a manner similar to conventional multi - family residential (dwelling units per acre) is appropriate. The Institute of Transportation Engineers Trip Generation Manual, contains a trip analysis for Congregate Living Facilities and Conventional Multi - Family Residential (defined as Post 1973- Apartments). Due to the elderly characteristic of typical ACLF populations and the typical location of many daily services on site, the number of trips entering and leaving a ACLF is typically lower than conventional multi family residential. Trip rates, CLFs versus standard high - density residential were determined as follows: POST 1973 MULTI- FAMILY Weekday Average Trip Rate: 6.28 trip rate (trip rate = 7-trips/7-dwelling units) CONGREGATE LIVING FACILITY Weekday Average Trip Rate: 2.2 trip rate CLF trip rate is approximately 35% that of rates generated at conventional multi- family development. Using a straight line-interpolation of the relationship between trip generation and intensity (dwelling units /acre), there should be some relief from maximum density requirements for ACLFS. Using the basis that 12 dwelling units per acre is the maximum density allowed at conventional multi family and that ACLFS trip rates are 35% of conventional multi - family trip rates, then 34 dwelling units per acre would generate the same traffic trips as a 12 dwelling unit per acre conventional multi - family facility. Densities would continue to be restricted by lot size, building lot coverage and maximum building height. V. Emergency Services One concern regarding the intensity /density of ACLFs is emergency medical service needs, most commonly fire- rescue vehicles. Due to the elderly nature of ACLF populations, these types of uses generate higher number of service calls than conventional multi - family developments. The Palm Beach Gardens Fire Department has provided data on service calls for several multi - family residential developments as well as the Prosperity Oaks Independent Living /Assisted Living Facility and the. Heartland Skilled Nursing Care Facility: Prosperity Oaks ACLF Heartland Health Care Meadows Mobile Home Park Devonshire ACLF Longwood Condominiums 13.5 calls monthly 5.1 calls monthly 3.2 calls monthly 2.5 calls monthly 2 calls. monthly 4 (1998 average) (1998 average) (1998 average) (1 st quarter 1999) (1998 average) Tamberlane Condonminiums 1.2 calls monthly (1998 average) Trails End Villas .2 calls monthly (1998 average) This data indicates that ACLF facilities (Prosperity Oaks and Heartland) do generate higher service calls than conventional multi family. This should be taken into consideration when determining density and intensity of such a use. VI. ACLFs only in Planned Unit Developments Some area jurisdictions require that ACLFs be developed only in Planned Unit Developments. Due to the proposed higher densities, this may be an appropriate requirement in the City. In addition, this approval process may require an additional level of review and notification than the Planned Unit Development process provides. The Planned Unit Development process would be used in lieu of any Conditional Use requirements. The PUD process would also allow for the developer to seek deviations from the code, such as height limit requirements, while the City Council can ensure that additional measures are taken to ensure compatibility with the surrounding areas. VII. Minimum Open Space Requirements The Planned Unit Development zoning district requires a 40% open space dedication for residential Planned Unit Developments. This open space dedication should be applied to all ALF /Skilled Care /Nursing Home PUDs, even if they are not located in a residentially designated land use area. ALF developments located within Mixed Use land use designations should meet the minimum open space criteria set forth in that section of the Comprehensive Plan. VIII. Permitted Land Use Districts Presently, uses defined for the purposes of this analysis as "ACLF" are allowed in three zoning districts, Residential High (RH), General Commercial (CG -1) and General Commercial (CG -2). Independent Living and Assisted Living Facilities, which are currently defined as the only ACLFs by the Comprehensive Plan, are allowed in Residential High (RH). Skilled Care Nursing Facilities are permitted only in CG -1 and CG -2 zoning districts and are not directly addressed by the Comprehensive Plan. The City of Palm Beach Gardens presently has a Mixed Use Land Use (MXD) category. The MXD category requires for a certain percentage of Residential. This may be utilized for ACLF uses. Densities may be further restricted by land allocation maximums, building lot coverage and building height maximums specified in the Mixed Use Development section of the Comprehensive Plan. 5 Recognizing the industry trend toward a single "campus" of independent living, assisted living dwelling units and skilled care nursing facilities, there may be a need to allow for this activity in residential and Mixed Use land use categories. Within residential districts nursing homes should meet all residential zoning requirements, while discretion should be placed on the developer to maintain a residential character. In addition, nursing homes should only be permitted in residential land uses when in conjunction with an independent and /or assisted living "Continuing Care Retirement Community" Planned Unit Development. IX. Existing ACLF Developments Staff undertook an analysis of existing ACLF communities both in the City and in other location in Palm Beach County. The following is a breakdown of these communities: Lakeside Village Palm Beach County The Classic Palm Beach County Devonshire Palm Beach Gardens Prosperity Oaks Palm Beach Gardens Brighton Gardens West Palm Beach The Waterford Juno Beach Courtyard Gardens Jupiter The Carlisle Lantana McKeen Tower West Palm Beach HR -8: 8 dwelling units per acre max. HR-12:12 dwelling units per acre max. RH: Maximum 15 dwelling units per acre. RH: Maximum 15 dwelling units per acre. .MF -32: Maximum 32 dwelling units per acre Commercial 6.7 du /acre 9.98 du /acre 14.98 d.u. /acre 15 d.u. /acre 13.8 d.u. /acre 19.5 d.u. /acre Residential - 8 120 d.u. /acre C -1 Commercial 1 23.13 d.u. /acre Central Business 1 27.4 d.u. /acre District C4 8.7 d.u. /acre 9.98 d.u. /acre 14.98 d.u. /acre 15 d.u. /acre 16.7 d.u. /acre 19.5 d.u. /acre 20 d.u. /acre 23.13 d.u. /acre 55 d.u. /acre The following Skilled Care Nursing Facilities are located within the City: Name:::: . >>:: >::; ::.....:::::::........ Ir e:4:::Beds;::::::. g.:.:..: :: ::::::::.:..... s :8ed..l Room:..::.::. . oti�rislActe': R.......:.:.....:........::..:.:.....__.................................... Beds/ Room .:.Roi�ms /Acre` `'' >`<> .................:.::::.::::. Devonshire 2.53 160 1.4 45 rooms/acre 2 32 rooms/acre Medical Mail 2.66 120 1.4 45 rooms/acre 2 22.5 rooms/acre Prosperity 4.97 120 1.4 17 rooms/acre 2 12 roomstacre Oaks Lakeside 2.75 120 1.4 31 rooms/acre 2 22 rooms/acre Village Palm Beach County Based on capital Research Industry Study for ACLFS X. Proposed Densities for ACLFs The ITE weekday trip rate for ACLF's was roughly 35% that of conventional multi - family residential. This means that the trip rates would be the same for 12 du /acre of multi - family as 34 du /acre of ACLF. However, due to certain intensities of the use, including higher emergency service calls, this may be too high a density. However, the present maximum density for ACLFs of 15 du acre, may be too low, given the lesser impact of ACLFs to the surrounding community, and may make development of this product on smaller parcels economically infeasible. Staff is recommending that the present density bonus of three dwelling units per acre be replaced with a potential bonus of "two for one ". This would potentially allow for up to 24 dwelling units per acre in the RH category. Also, staff is recommending that a maximum of two beds per dwelling unit be applied to all ACLFs to avoid large numbers of rooms being counted as one dwelling unit. The ITE weekday trip rate for nursing homes /skilled care facilities is 4.027 per room. This trip count includes all service vehicles, employees and visitors, but does not include emergency vehicles. The average weekday trip rate for conventional multi - family is 6.28 per dwelling units. The difference between nursing homes and conventional multi - familyrindependent and assisted living facilities is that densities are typically measured by beds, or in the case of the ITE manual, rooms. When equaling one room to one dwelling unit, there is less of a traffic trip rate for nursing homes than conventional multi - family housing. This provides some justification for the location of nursing homes in residential districts. Based on 04F trip rates, a Nursing Home facility with 19 rooms per acre would generate the same weekday trip rates as would a 12 dwelling unit per acre multi - family development. With a maximum of two beds per room allowed, this would 7 equal 38 residents per acre. The 38 beds per acre criteria for nursing homes is a bit more restrictive than what is already permitted for nursing homes in the City. However, nursing homes are not presently permitted in residential districts. Therefore, a lower density maximum may be appropriate for Nursing Homes located within residential districts. All independent and assisted living components of an ACLF shall be measured as dwelling units/acre a maximum of 2 beds per unit. All skilled care nursing facility components of an ACLF shall be measured by beds /acre. ACLFs which propose both independent/assisted living and skilled care nursing components shall delineate acreage for each such component, the density for dwelling units and beds being measured from the separate acreage. XII. Proposed Comprehensive Plan Language The current Comprehensive Plan language for ACLFs is as follows: Policy 3.1.4.3: The City shall provide for community based residential care facilities needed to serve group homes and the clients of other programs, located at convenient, adequate, and non - isolated sites within residential or publictinstitutional areas of the City. Adult Congregate Living Facilities(ACLFs) shall be permitted to have up to 15 units per acre in the Residential High future land use designation in conjunction with a Planned Unit Development or a Planned Community District except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. To better delineate between "community based residential care facilities" and ACLFs a separate policy should be established. Revise old policy to address only community residential homes: Policy 3.1.4.3: The City shall provide for community rased residential homes care faciftties needed to serve group homes and thle clients of other programo those residents which meet the criteria established by state statute, which shall be located at convenient, adequate, and non - isolated sites within residential or public/institutional areas of the City. A ..t..lt /�.................a.. 1 % .:...... r....a:a:.... / A nt r..l ..L...11 L.... .,....�..,..:at...a a.. L.... ... ..... a.. A C .....:a.. AuUll Congregate a LIY11 ly I a1i111UGJ l/1V L1 01 Jllall LJG FVII111UGU lV IIaYG U'.J lV IJ u1111J fXUI AI_- n...: l...a:..l ":-1- inu% r. .a..�.. I. __J ..,.,..a....:....,.,..a:...:. .....: ..a:� ....:aL... nl......,t acre 111 LI IU IXVQIUGI 1Ua1 1 IIUII `I-.111 IUIUIG IaI IU UJG UGOI&IaIIVII Ill Wl qUI MAIW1I YYllll a I Ia1111Gu I 1 :4 n... ... L.............t n1...........J /�............. Y.. n:..a.-•..L a n......a..l LI:... L. u..�.. -1 A........ %AIll LJevello.lIIIGI t VI a 1 lacll e%d VVI111llunlily LJI L IVA except in Coastal Hight I 1 Iazalu P'U Gav 41- aL... f%al..go�... A t 1. ...�:.......... r.......... a•..... 7......... U cal are 1116 %.f L VI y 1 1 Iurricane LYaVuaUVI l LVI Ius. New Policies for ACLFS and Nursing Facilities: 8 Policy 3.1.4.6: Assisted Living Facilities (ALFs) shall be allowable in all residential land use categories subject to the density thresholds of the category. ALFs within a Planned Unit Development or parcel within a Planned Community District may be eligible for a density bonus subject to City Council approval. Council consideration of an ALF density bonus shall be based upon criteria which includes: compatibility with surrounding uses; impact on service delivery; provision of buffering and setbacks to mitigate building bulk or intensity; and/or design considerations of buildings and site., With demonstration of meeting said criteria, Council may approve an ALF density bonus of up to 18 dwelling units per acre in Residential Medium areas, and up to 24 dwelling units per acre in Residential High and Mixed Use areas. This density bonus shall not be applicable within the Coastal High Hazard Area. Skilled Care Nursing Facility may be permitted within Residential High land use areas at a maximum of 38 beds per acre when designed with an Assisted Living Facility in a Continuing Care Retirement Community. Individual Skilled Care Nursing Facilities shall be allowed within Commercial land use areas subject to the intensity thresholds of the category. The density for dwelling units and beds of Continuing Care Retirement Communities shall be measured from separate acreages delineated for each component. Other Policies to be amended: Policy 1.1.1.4.(d): Policy 1.1.1.4.(d): Irt addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan, Or. Parcels within PCDs may be eligible for a density bonus for Assisted Living Facilities ,pursuant to Policy 3.1.4.6. Z-- a� i rNuuii Coi �gi egaie Living � acillay L1 ;, except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. Other Policies to be amended: Policy 1.1.1.5.(c): Policy 1.1.1.5.(c): In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan, i0r. PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6. for an Adult Coi �gregate Living I aGINLy (r.CLI-�, except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. 9 C-0-V Q I IX CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 1999 Date Prepared: October 25, 1999 Subject/Agenda Item: Public hearing and Second Reading for Ordinance 43, 1999, approving City- initiated Petition TXT -99 -10 to amend the City's land development regulations for borrow pits, excavation and fill, and mining. Recommendation /Motion: Staff recommends approval of Ordinance 43, 1999, adopting text amendments to the City's land development regulations for borrow pits, excavation and fill, and mining. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Planning & Zoning [ ] Approved ACM AV Division $ [ ] Approved w /conditions Other Current FY [ ] Denied Advertised: Funding Source: [ ] Continued to: Date: September 11 [ ] Operating Attachments: and October 16, 1999 [ ] Other 1. Ordinance Paper: Palm Beach Post 2. Ordinance Amendment 3. Section 118 -284, City [ ] Not Required Code of Ordinances Submitted by: Grog2a4tgt rec or Affected pa-Ries [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ X ] Not required BACKGROUND: An owner of property along the eastside Beeline Highway, north of PGA Boulevard, has inquired about developing a borrow pit operation in that location. The City's zoning regulations currently 1 allow borrow pit operations as a Conditional Use, if approved by the City Council following an advisory recommendation from the Planning and Zoning Commission. However, because of a legal concept known as "zoning in progress," the proposed project is "on hold" until the City completes amendments to the City's land development regulations that govern borrow pits and excavation and fill activities, which are similar in many respects. In accordance with the "Forbearance Agreement' by City Resolution 59, 1999, this property is eligible to begin review for development approval by the City on or after November 13, 1999. The City's land development regulations currently allow borrow pits and excavation and fill activities. Section 118 -284 (copy attached) of the City's land development regulations allows borrow pits if a Conditional Use is approved by the City Council, following an advisory recommendation by the Planning and Zoning Commission. However, no specific zoning districts are indicated and no definitions are provided in the City's land development regulations. Chapter 94 in the City's land development regulations allows excavation and fill activities if approved as part of a development order issued by the City. The above regulations were adopted in 1987. Staff is proposing to amend the City's zoning regulations for borrow pits, excavation and fill, and mining. The amendments are contained in the attached proposed ordinance. The following is an outline of the specific amendments that are proposed: 1. Section 78 -2 is amended to include new definitions for borrow pit, borrow pit operations, mine and mining operations. The definition of excavation and fill is also amended. 2. The list of Permitted Uses and Conditional Uses in Section 118 -246 of the City's zoning regulations is amended to allow borrow pit operations as a Conditional Use in M -2: Heavy Industrial and PDA: Planned Development Area zoning districts. A Conditional Use requires review and approval by the City Council, following an advisory recommendation from the Planning and Zoning Commission. There are currently no areas zoned M -2 in the City. The areas zoned PDA are located in the northern and western portions of the City. 3. Section 94 -1 is amended to clarify City policy regarding the potential nuisances caused by excavation and fill, borrow pit operations and mining. 4. The existing Section 94 -2, regarding penalties, has been deleted because code enforcement actions are addressed elsewhere in the City Code. 5. A new Section 94 -2 is added to allow excavation and fill operations in conjunction with a development order issued by the City, but not as an independent development order solely for excavation and fill operations. This section is also allows borrow pit operations if approved by the City Council as a conditional use. 6. Section 94 -3 is amended to clarify the requirements for excavation and fill operations. These requirements include the submission of a certified plan indicating a project has been completed in accordance with the approved plans. 2 7. Section 94 -4 has been added to establish the permit requirements for borrow pit operations. These requirements include conditional use approval by the City Council and the submission of a certified plan indicating the project has been completed in accordance with the approved plans. 8. Section 94 -5 is amended to clarify that mining operations are not allowed in the City, unless approved prior to the effective date of these new regulations. PLANNING & ZONING COMMISSION: On July 27, 1999, the Planning and Zoning Commission conducted a workshop discussion regarding these text amendments. The Commission questioned why the City should allow borrow pits. The response from staff is that considerable amounts of fill are needed to raise habitable floor elevations to required elevations for current and future development in the City. The Commission suggested changes to the five definitions as well as changes to sections 94 -1 and 94 -2. The Commission also suggested that Section 94 -3, regarding excavation and fill, be amended to require permits from other government agencies before the issuance of a City permit. Staff revised the proposed text amendments based on comments from the Planning and Zoning Commission, as deemed appropriate. On August 24, 1999, the Planning and Zoning Commission considered these amendments at an advertised public hearing and recommended approval. CITY COUNCIL: On October 7, 1999, the City Council passed proposed Ordinance 43, 1999, on First Reading after conducting an advertised public hearing. There were no comments from the public for or against the ordinance. The City Council did not request any revisions to the ordinance. The City Council continued the public hearing for this ordinance on October 21, 1999, based on the recommendation of City staff. The proposed ordinance has been subsequently amended to clarify how canal maintenance or construction that includes dredging is addressed by these regulations. New text has been added to Section 3 of the proposed ordinance to clarify that permits are required for canal maintenance or construction that includes dredging. Copies of the new text and the revised ordinance are attached. STAFF RECOMMENDATION: Staff recommends approval of the attached text amendments to the City's land development regulations. Attachments g: \cctxt9910 October 25, 1999 AMENDMENT TO PROPOSED ORDINANCE 43, 1999 The text of proposed Ordinance 43, 1999, has been amended subsequent to it being approved at First Reading on October 7, 1999. Section 94 -3(a) on page 4, regarding permits for excavation and fill operations, has been amended to add the following sentence: "Canal maintenance or construction that includes dredging is an excavation and fill operation that requires all applicable permits." g: \amendord431999 October 29, 1999 ORDINANCE 43,1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CITY CODE SECTION 78 -2 TO DEFINE "MINE," "MINING OPERATIONS," "BORROW PIT" AND "BORROW PIT OPERATIONS," AND TO AMEND THE DEFINITION OF "EXCAVATION AND FILL OPERATIONS"; AMENDING CITY CODE SECTION 118 -246 TO ALLOW BORROW PIT OPERATIONS AS A CONDITIONAL USE IN CERTAIN LIMITED ZONING DISTRICTS; AMENDING CITY CODE CHAPTER 94 TO CLARIFY THE DECLARATION OF POLICY, TO DELETE SEPARATE PROVISIONS FOR PENALTIES, TO CLARIFY WHEN EXCAVATION AND FILL OPERATIONS AND BORROW PIT OPERATIONS MAY BE ALLOWED, TO SUPPLEMENT REGULATIONS FOR EXCAVATION AND FILL OPERATIONS, TO BAN MINING OPERATIONS UNLESS APPROVED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO ESTABLISH REGULATIONS FOR BORROW PIT OPERATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to supplement and amend the land development regulations in the City Code governing the closely - related land uses of mining, excavation and fill, and borrow pits; and WHEREAS, the City Code presently does not define "borrow pit "; "mine "; and "mining operations "; and WHEREAS, "mine" and "mining operations" are defined in Section 378.203, Florida Statutes, and "excavation and fill" is defined in Section 78 -2 of the City Code; and WHEREAS, Policy 6.1.4.2 in the Conservation Element in the City of Palm Beach Gardens Comprehensive Plan and Section 94 -4 in the City Code presently prohibit any new commercial mining operations in the City; and WHEREAS, borrow pits and mining operations are considered principal or primary uses, and excavation and fill operations are considered accessory or secondary uses to other principal uses; and WHEREAS, Chapter 94 in the City Code regulates "excavation and fill operations" within the City; and 1 WHEREAS, Section 118 -284, entitled "Borrow pits," in the City Code presently regulates any borrow pits in the City; and WHEREAS, the text amendments contained in this ordinance are consistent with of the City of Palm Beach Gardens Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. Section 78 -2, entitled "Definitions," of the City Code is hereby amended by amending the existing definition of "Excavation and fill" and by inserting, in alphabetical order, the definitions for "Borrow pit," "Borrow pit operations," "Mine," and "Mining operations," as follows, where new text is underlined and deleted text is strucU: "Borrow pit" means an area of land that has been or is being used for the extraction of soil or other material for relocation to another site. "Borrow pit operation " means an activity for extracting soil or other material from the earth for off -site relocation, disposing or storing soil or waste generated by such activities, or the creation or maintenance of any associated dam or pit. "Excavation and fill operation " means an activity, other than surveying or site preparation, utilized for the removal of soil on a parcel or tract of real property cn -sit-_ he c.,. r,na±Prieis for the purposes of creating lakes, drainage ditches, canals, or similar waterways etc. on such parcel or tract, and the transporting and relocation of such soil t_ht matcr,nis n- s_ ±A c.- c FF sit_A for the purpose of fill, including the storage of excavated soil, the storage and disposal of associated waste, and the creation or maintenance of any associated dam or pit. This is a single, short-term operation as part of the construction of an approved land development project and does not include alkcw f ^r a long -term, ongoing excavation or extraction of soil or minerals for any purpose, including mining or borrow pit operations. as „. nnmmarri �l mtn+�rt antnrrrica "Mine " means a land area upon which any extraction activities have been conducted, are being conducted or are planned to be conducted for extracting oil, gas, minerals or other valuable material or property from the earth. "Mining operation " means an activity, other than prospecting, surveying or site preparation, for extracting minerals or other valuable materials or property from the earth, disposing the waste associated with such activities, storing or relocating the extracted minerals or other materials, and the creation or maintenance of any associated dam or pit. SECTION 2. The "Chart of Permitted and Conditional Uses" in Section 118 -246 of the Code of Ordinances is hereby amended, under the section entitled "Resources Production or Extraction," to allow borrow pits in M -2: Heavy Industrial and PDA: Planned Development Area zoning districts, if Conditional Use approval is granted by the City. SECTION 3. Chapter 94, entitled Excavation and Fill Regulations, of the City Code is hereby amended as follows, where new text is underlined and deleted text is struck: Mining, Excavation and Fill, and Borrow Pit Operations Re- A. +.= Sec. 94 -1. Declaration of policy. (a) It is dPciµrP,3 the policy of the city, by rn „n ^;i, to protect the property and residents of the city and from the dangers, public nuisances and other similar conditions created by improperly planned, poorly executed or inadequately supervised mining operations, excavation and fill operations and borrow pit operations « ^t_h nrnnPr n!nns and wcul- ^rPntP, including the following: (1) rrrPn,,�nr },nI.- Creating "holes” in the land, ==ns;bh ±?;, which are unsightly and collect water collect_inD ;n these hcles w ^d that could become stagnant s=uch Al='a*°'_' s± *PC and contribute to the breeding of hrz! .ds mosquitoes; and (2) Creating uncovered mounds of excavated soil which are unsightly and contribute to the erosion of surrounding land, hasten the sedimentation of drainage canals and facilities, produce windblown irritants and contamination, and may change storm drainage off the site; and (3) O n rtif c:µ? Creating artificial lakes, drainage ditches, and canals, .,,hi ?P drn_n_nrt which have been created or excavated without the proper planning, design, supervision, or governmental permits or approvals needed to avoid overburdening existing public drainage canals and/or drainage facilities, thereby creating flooding and unsanitary conditions in various parts of the city; and (4) (3) Causing land to be left in a condition which T rns;nh ±i. �n� llncanitan ^nn,a;t;nn� �"rl bP a nnhl+^ mllconr P nn� makes it impossible or impractical to develop fcr buil-A-inb »__» »- - "1- 1rn )scscr for any other useful purpose the ?any? sc cxcavated or makes it impossible r---r - _ or impractical for the city to plan and provide for proper and sufficient overall public drainage through its public drainage canals and other public drainage facilities -%vhPn f6- P;fir 1C y,nt ­A n=,1nrP thnt Al'. ­tllrnI llYnlnnlTP of 1­A /','1nnYn n�P llYnln�f=P of cll^�, =t /l�� },P ^nnnP^tP� to PVl(�tln /' n11 Y,�1 /� /lYnlnnfTP fn /111 t1PC (b) Ordinances and resolutions hereafter adopted by the city concerning excavation and fill operations and borrow pit operations shall be consistent with preservation of T^ -rc =c those lands now being used or which may be hereafter used for residential, business, picas,lre and recreational purposes and with fostering the tc- f ^st.Pr creation of new, suitable, and desirable locations to be used for residential, business, - laas,irn and recreational purposes. •xn +h;n the P;+[J/ n��n 1�Y,.i not noPrl fnr thnaP n —Cses the n;+v Ann +ram.lotinno anr� nnliniPO rnvPrninn Pvraaa +inn onrl f�j nnar�tinrlc C_: 91 -2 pox,n!t,- Tn anrnrrlonnP axnth cPntinn 7_1 Q�. P+ oPn and T'i C §1 �x7 nQ +hP nn�a Pnfn rPPm Pnt hnar� i� nrantPr� inrio�;n +inn fnr Pnfnrrem Pn+ of +hia nh nntar one oholl haa�P the ranax �Pr to imnnaP � fine in the m ov;m.lm mlm of V)1G0 nn ner An– ax ll +h Porh rlaxr the a)lNo +lnn nnnl,ro nnn o +ifiltin`x .a cen�rate nffenoP nn onv narmn avhn vinlatPO thin nhontPr Sec. 94 -2. Excavation and fill operations and borrow pit operations allowed. (a) An excavation and fill operation may be approved in conjunction with a permit or other development order, but not as an independent development order solely for excavation and fill. (b) Borrow pit operations may be approved by the City Council as a Conditional Use, in accordance with Chapter 118, Zoning. Sec. 94 -3. Permits required for excavation and fill operations; plans and specifications; surety; permit fees. (a) Before an excavation and fill operation is commenced f ^r any p cse, the owner, lessee or authorized agent of the property owner or lessee of the affected property wHc Yrcrescs excav tic^ shall obtain a permit from the City 11rc•1,r_ ^_l, as �.vcll 00 =_­ �n,� all applicable government agencies and then from the City. s *_� *_P cr fP/1PY „1 nPY,,,; +� Canal maintenance or construction that includes dredging is an excavation and fill operation that requires all applicable permits. (b) The plans and specifications of the proposed excavation ands fill operations, showing the manner in which the land will be left after the excavation and fill operations are dS completed, cr, ifthP Pvroaro +intl _s t^ create a shall include all dimensions of every lake, drainage canal or drainage ditch created, all of hP Yr- -vid -- , including slope dimensions required by subsection 94- 4(e)(1), together with all necessary information concerning where and how such waterways shall be connected to the existing public drainage facilities, if applicable, All such plans and specifications shall be submitted by the applicant to the city fnr Cit ", ..rrrn—val by prior to the visible commencement of the any excavation and fill operations. The plans and specifications shall be prepared to scale by a Florida registered engineer. (c) All fill material from approved excavation and fill operations shall remain on the subject property, provided that removal of any fill material may be permitted as an accessory use specified IV in a development order approved by the City Council. As an accessory use, fill material created by excavation may be removed from the subject property and relocated to another site. (d) (4o4 Upon approval of Uthe plans and specifications arA s^ °YYr ^�°d for excavation and fill operations, the applicant, before receiving a permit to commence the operations, shall provide surety in the form of a completion bond or irrevocable letter of credit to the City in an amount, wit'n s„rcgr and in such form, as is acceptable to the City, securing and guaranteeing the carrying out of the approved *_?' ^sP plans and specifications. (e) The applicant shall pay such excavation and fill permit fees as may be established by the city. n^'"'^'I '^ +l,a ni+y n1arL'o nffnn ( ,J) Anyone The „rrsen receiving fill material shall be responsible for the payment of the permit fees to s°+_ Lcrth by the City when the excavation site designated in the permit application is not located in the city; otherwise, the excavator identified in the fill permit application shall be responsible for payment of the fees. (f) Prior to any permit being granted for excavation and fill operations, the applicant shall provide a letter to the City certifying the applicant's familiarity and intent to comply specifically with the regulations and standards found in Chapter 34, entitled "Environment," and Chapter 98, entitled "Landscaping and Vegetation Protection," of the City Code. _(g) Upon completion of an excavation and fill operation, a Florida - registered engineer shall provide the City with a signed and sealed plan indicating the work has been performed in accordance with the approved plans. Sec. 94-54. Permits required for borrow pit operations; plans and specifications; permit fees. (a) Before borrow pit operations begin, the owner, the lessee or an authorized agent of the owner or lessee of the affected property shall obtain approval and a permit for a conditional use, as well as all applicable county, district, state or federal permits. (b) The plans and specifications of the proposed borrow pit operations shall meet the same requirements as set forth by this chapter for excavation and fill operations. The plans and specifications shall be prepared to scale by a Florida - registered engineer. (c) The applicant shall pay city permit fees to develop a borrow pit. (d) Prior to any permit being granted for borrow pit operations, the applicant shall provide a letter to the city certifying the applicant's familiarity and intent to comply specifically with the regulations and standards found in Chapter 34, entitled "Environment," and Chapter 98, entitled "Landscaping and Vegetation Protection," of the City Code. (e) The grading and construction of slopes in a borrow pit shall at least meet the minimum standards adopted by the South Florida Water Management District. Alternative slopes and cross - sections may be required by the City. Grades and slopes shall be constructed to minimize soil 5 erosion and to make the land surface suitable for revegetation. The slopes shall be adequately vegetated with appropriate ground cover, which may include grass seeding, from the top of bank to edge of water within 30 days of final grading, and thereafter maintained to prevent wind and water erosion. (f) Upon completion of a borrow pit operation, a Florida - registered engineer shall provide the City with a certified plan indicating the work has been performed in accordance with the approved plans. (g) A borrow pit which was lawfully in use prior to the effective date of this ordinance may continue to be used, provided that any enlargement of such a borrow put shall require a permit from the city and be subject to the ordinances and regulations in effect at the time that the enlargement is proposed. Sec. 94-45. Mining operations prohibited and cer*_2_n ^ *_her °vnnvn +�nrxa root rinln�� ATn mininrr nr ntlxPr Pvno[rotinrc for rxi[rr[naPO ntlxPr tl�ori t11p rnnctnirtinn of a •xrnll rlrixP[xa[r oir1P[xio1L 1,[ilrlinrr nr nart thPYPnf nr on PVx1YPCC1[/ nPrmlttP l — nth Pr nrrl;"nnnPo of tliic rite No mining operations shall be permitted or commenced on any =_P! tt_c� lands within the city, except. x „i ±h *?kic ch?pter, unless approved by a development order issued prior to the effective date of the ordinance which adopted this section. SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 5. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. SECTION 6. This ordinance shall be effective upon adoption. R PASSED ON FIRST READING THIS DAY OF 1999. ADOPTED ON SECOND READING THIS DAY OF JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ATTEST: BY: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER CLARK COUNCIL MEMBER JABLIN COUNCIL MEMBER SABATELLO g: \excavation 7 1999. DAVID CLARK, COUNCIL MEMBER ERIC JABLIN, COUNCIL MEMBER CARL SABATELLO, COUNCIL MEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT S� �e.il Poi •�� § 118 -281 PALM BEACH GARDENS CODE ,�J _ / _ N� S b. Unless otherwise approved, fronting development shall be responsible for the perpetual ma;ntenance and irrigation of the parkway. Development on either side of the parkway shall share the responsibility of maintaining the median land- scaping along the length of the developments. c. If the city establishes a special district or other entity to assume responsibility of the parkway system, the development shall automatically become a member of the district. This condition shall also be made a part of property owners' association documents. (Code 1987, § 159.060) Sec. 118 -282. Utility plants and substations. Water, sewerage, electric, gas or other utility plants and substations are permitted in any zone as a conditional use after a public hearing has determined that the proposed use is consistent with the comprehensive plan and compatible with the surrounding uses. (Code 1987, § 159.061; Ord. No. 13 -1995, § 2, 10- 19 -95) Sec. 118 -283. Utility poles. Existing utility poles as required by public utility companies shall not be required to meet the setback requirements under this chapter for structures. All new or replaced poles shall be concrete and shall conform to city standards with regard to location within public rights -of. way and easements. (Code 1987, § 159.062) Sec. 118 -284. Borrow pits. A borrow pit is permitted as a conditional use, provided it involves the removal of natural earth materials, not including any type of processing, manufacturing or other activity that converts the natural materials into a product, in conformance with chapter 94. An operation where earth materials are moved from one location to another—ft-the same site shall not be construed to be a borrow pit usage even though a permanent pit may remain. A borrow pit which was lawfully in existence and in active use on the effective date of the ordinance from which this section derives may continue as provided in these regulations; however, any enlarging of the borrow pit shall be subject to the regulations in effect at the time the enlargement is proposed. (Code 1987, § 159.063) Sec. 118 -285. Home occupations. Home occupations permitted under this chapter are subject to all of the following conditions: (1) No person other than members of the family residing on the premises shall be engaged in the occupation. CD118:120 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 14, 1999 Meeting Date: November 4, 1999 Subject /Agenda Item: Consideration of Approval: Resolution 86, 1999: ( SP- 97 -03): Christ Fellowship South Site Plan Amendments, a request by Dave Gregg, agent for Palm Beach Gardens Christ Fellowship, Inc. to consider a petition for site plan amendments for the existing Christ Fellowship religious facility to obtain site plan approval for the existing second story, to approve additional parking to support additional seating, to obtain a time extension for the existing modular units, to receive approval for a ground sign, and for other site plan amendments. Recommendation/Motion: Staff recommends that the City Council approve Resolution 86, 1999 subject to several conditions of anoroval. Reviewed by: ''p Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Growth Management ( ] Approved Finance N/A $ 0 ( ] Approved w/ conditions �� Current FY ACM [ ]Denied ` Advertised: Funding Source: ( ] Continued to: Attachments: Other N/A Date: ( ]Operating Paper: [ ] Other N/A City Engineer memos of June 22, 1999 & August 31, 1999, Sept. 16, 1999 & ] x ] Not Required Sept. 28, 1999 Letter from Alan Ciklin Submitted by: dated August 30, 1999 Growth Management Dir. Affected parties Budget Acct. #: Kimley -Horn analysis of June 15,1999; updated August 23, 1999 1 Jr �[[V(�V� Reduced plans J,', Letter from PGA POA dated August 18, 1999 Letter from Cypress Holiow HOA (undated) [ ] Notified Resolution 86, 1999 [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The Christ Fellowship Church is located on a 5.43 -acre parcel on the south side of Northlake Boulevard, west of Military Trail. The site is zoned RL -1 (Residential Low Density -1). The subject property was rezoned on December 20, 1990 by Ordinance 30, 1990, from Palm Beach County zoning designation of AR (Agricultural Residential) with a special exception allowing expansion of Commercial Horse stables to the City's zoning classification of RS -1 Single Family Residential District with a conditional use for a church and an accessory use of a preschool. On February 7, 1991, by Resolution 13, 1991, the site plan proposing the improvements of the Christ Fellowship Church, was approved by the City Council. This original approval provided for a 1 -story sanctuary building containing 300 seats, a "caretaker's residence ", and 92 parking spaces (80 grass and 12 paved). The site plan showed 56% open space. On January 2, 1997, the City Council granted a temporary conditional use approval for the placement of three modular units at the site with an expiration date of July 2, 1998. The purpose of these modular units was to help alleviate overcrowding. Part of this application is a request to extend the life of that temporary conditional use; if this application is denied they will have to be removed because the original date has expired. In April of 1997 the petitioner requested additional modular units. This request has since been withdrawn. However, in reviewing this request, the City eventually became aware that the use of this property had greatly exceeded the scope of the church's original approvals. After analysis of the situation and discussions with the church, the City indicated that the violation of the original Development Order had to be resolved either through Code Enforcement action or through an amendment to the original conditional use and site plan approvals which would provide "retroactive" approval of the existing conditions. After assurances from the representatives of the church that they would proceed with good faith efforts, it was agreed to allow for "retroactive" approvals. Two years later, these amendment requests are being processed as CU -97 -04 and SP- 97 -03. During 1997, the project proceeded very slowly through the review process. The project did not meet concurrency, for example, until August of 1997. During review of the petition, staff gradually became aware that the scope of the project had greatly exceeded its original development order. Finally in January of 1998 the applicant submitted a site plan which showed 800 seats rather than 300, a sanctuary of 2 1, 100 square feet, and a parking lot showing 229 spaces (with off -site parking). Finally staff could undertake a realistic review of this project. Staff spent 1998 trying to obtain enough information from the petitioner to conduct a thorough review so that the project could be sent to the Planning and Zoning Commission and City Council. Nearly every request for information resulted in slow responses, inadequate and/or conflicting plans and documents, and a repeat of the same pattern when further information was requested. In May and again in July 1998, Development Review Committee meetings were held, but serious problems with the submitted data and information remained. Finally, on January 12, 1999, this project was reviewed by the Planning and Zoning Commission. The Commission discussed the history of this project at length, especially in light of Christ Fellowship's proposed expansion on its new site on the north side of Northlake Boulevard. The Commission was especially concerned with the intensity of use at this site, and with the resulting parking and traffic circulation issues. Mr. Gregg, representing Christ Fellowship, indicated that the south property would no longer be used for worship services once the north property is completed. Instead, the south property would then be used as a chapel for weddings, smaller meetings and other functions. As noted by Planner Bahareh Keshavarz to Mr. Gregg in a memo dated January 29, 1999, the Commission had several other questions and concerns (see attached memo). On April 27, 1999, the project was again reviewed by the Planning and Zoning Commission. Staff presented what were considered to be the major issues: traffic concerns, drainage, parking, the expansion of the use, and septic system concerns. Staff suggested a number of conditions of approval to address this site's problems, including the elimination of 15 parking spaces which do not meet code, the calculation of required parking at a rate of 1 space per 3 seats, and others. The petitioner's agent recognized staff's concerns and even agreed to abide by staff's conditions of approval after the north campus opens. In other words, the petitioner is proposing that the City not insist on the immediate resolution of this site's code problems, but that we wait until the north campus opens, at which point they will comply with all of our requests. At the April 27 meeting, the Planning and Zoning Commission focused on several matters: 1. Simultaneous services on the north and south campuses. 2. Was the sanctuary properly designed for 800- -i.e., are there enough toilets? 3. Phasing was discussed at length, with phase 1 being what is there today and phase 2 being what will occur when the north campus opens (approximately Christmas of 1999). 4. Should off -site parking continue? 5. Should we impose a "date certain" for phase 2 ? Ultimately the Planning and Zoning Commission accepted the petitioner's argument that we should wait until the north campus opens and require the resolution of this site's problems after that opening, on the assumption that the majority of the church's operations will shift to the new campus and the old campus will be able to scale back. However the Commission was not willing to pass this matter on to the City Council until they had a full site plan package to review, including landscape plans. The Commission also wanted to see a phasing plan. In response, the petitioner submitted phased site plans, landscape plans, and drainage plans. Phase 1 represents the site in its temporary configuration- -that is, after City Council approval but prior to the opening of the north campus. The petitioner's revised plans have eliminated the 15 parking spaces on the basketball court that are not code - compliant, and have added six spaces elsewhere, for a total of 192 spaces. Phase 1 continues to calculate parking at 1 space per 4 seats. Therefore the plans show 768 seats, the modular units, and a driveway connection to the Church of the Nazarene site to the west. Phase 2 represents the ultimate configuration after the opening of the new campus, and shows 576 seats, no modular units, and the same 192 parking spaces, and the closing of the cross access to the neighboring church. Phase 2 accedes to staff's request to calculate parking at 1 space per 3 seats, thus resulting in a reduction of 192 seats from Phase 1. This project was again reviewed by the Planning and Zoning Commission at its June 22, 1999 meeting. At this meeting, the Commission again reviewed the project in depth, including a number of revised documents submitted by the petitioner. These documents included a plumbing fixture certification from the project architect, an analysis of the traffic and driveways on Northlake Boulevard, phased site plans, phased landscape plans, and phased drainage plans. Based upon these documents and a letter from the City's consulting engineers indicating that their concerns were all satisfied or conditionally satisfied, the Planning and Zoning Commission voted to recommend approval of these petitions to the City Council. The Commission also added two recommended conditions of approval to those suggested by staff. On July 15, 1999, the City Council reviewed Christ Fellowship in a workshop/ 1" reading. Resolution 86, 1999, which specifically applies to the site plan for this project, was not reviewed since site plans can only be approved after a conditional use has been granted. This project was scheduled for review at the August 19 City Council meeting. However it was removed from the agenda because the petitioner was unable to obtain a signed cross - drainage agreement with the Church of the Nazarene. Also the City's traffic engineer raised a potential traffic question which had to be addressed. These matters are discussed below. At its September 2, 1999 meeting, the City Council directed the staff to inform the petitioner that all outstanding issues must be addressed in time for this project to be heard on September 16. Otherwise Council will direct staff to pursue code enforcement. This project was reviewed by the City Council on September 16, 1999. At that time the Council approved Ordinance 34, 1999 which amended the original conditional use for Christ Fellowship. This approval had the effect of increasing the capacity of the church. However the Council did not want to approve Resolution 86,1999 to amend the site plan until the petitioner reviewed the design of the main entrance to see if it could be improved. The petitioner's traffic engineer, Joe Pollock of Kimley -Horn and Associates, reviewed the entrance configuration with the City's civil engineer and with a City Council member who had expressed concern. All parties are now satisfied with the entrance. DISCUSSION A. Land Use and Zoning The current land use designation for the subject site is Residential Low (RL) with a Residential Low Density -1 (RL -1) zoning and conditional use for a church. For a complete listing of adjacent uses, land use designations and zoning districts, see Table I. B. Traffic Concurrency The project was reviewed and approved for traffic concurrency as part of the original site plan approval process for the church improvements. The petitioner has also submitted a traffic statement indicating that the expanded use of the site still meets the County Traffic Performance Standards. C. Public and Private Services The City's Development Review Committee (DRC) discussed the request at their May 7, 1998 and July 23, 1998 meetings. A listing of the various departmental comments is attached for your review. TABLE I EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Church Residential Low Density -1 Conditional Use (RL -1) Residential Low (RL) North Vacant Planned Development Area (P.A.) Residential Low (RL) South Single Family Residences Residential Estate (RE) Residential Low (RL) East Single Family Residences Residential Estate (RE) Residential Low (RL) West Church Residential Low Density -1 (RL -1) Residential Low (RL) CONSISTENCY WITH THE CODE (Phase 1) Consistent Code Requirement Proposed Plan Yes Residential Low Density -1 Conditional Use Church Yes Lot Coverage (35 %) 13.8% Yes Parking 200 Spaces 201 spaces Yes Front Setback: 35' 250' No * Side Setback: 38' * 22' Yes Rear Setback: 25' 80' (30 feet to the top of the bank) Yes Building Height: 36' Max. 35' Yes Open Space (35 %) 35% not including the grass parking * A shed in the southwest corner which will be relocated in Phase 2. D. Procedure This is a request for a site plan amendment. The request is reviewed by the Development Review Committee, which forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan for consideration of approval, approval with conditions or denial. The original church approval was an ordinance, so an ordinance was required for its re- approval. The site plan and the modular units were originally approved by resolution, so any new approvals of those items will also require a resolution. Please note that this petition relies on the expansion of the church use (number of seats) which was approved by the City Council as an amendment to the conditional use (CU- 97 -04) by consideration of Ordinance 34, 1999 on September 16, 1999. This petition also requires changes to the elevations, setbacks and other physical site plan changes and the signage, and will be reviewed as a site plan amendment to SP- 97 -03. The time extension for the modular units will amend SP- 97 -03. E. Project Details The petitioner is proposing to amend the approved conditional use and site plan for Christ Fellowship Church to correct the inconsistencies between the approved project and the existing situation at the current Christ Fellowship site. The site plan was approved in 1991 for a 15,825 square foot, 1- story, 300 seat religious facility. Today Christ Fellowship site contains a 2 1, 100 square foot, 2 -story building with 800 seats, a driveway connection to the Church of the Nazarene's parking lot, an exit (right out) at the northeast corner of the site, and a youth center that was originally approved as a residence. The size of the approved residence building was 2,196 square feet, whereas the existing building is 4,009 square feet in size. The proposed site plan and reflects the following: Site Plan Amendment • Approving a driveway connection to the Church of the Nazarene and sharing parking with the Church of the Nazarene. • Approving a right turn only exit at the north east corner of the site. • Approving additional parking to support the 768 seats. • Approving a second story for the existing house of worship. • Relocating the existing sheds to be consistent with the existing building setbacks on the site. • Approving a project identification sign at the entrance to the site. • Approving additional grass parking. Time Extension Approving a time extension for the 3 modular units until the occupation of the north campus. As noted above, the applicant has now submitted phased plans as requested by the Planning and Zoning Commission. The first phase is an "as is" plan except that it shows 768 seats instead of the 800 seats which actually exist now. Phase 1 represents their commitment to remove the 15 parking spaces which are not code - compliant. The loss of parking requires a loss of seating. Phase 2 represents the project as it will be after the opening of the north campus , with the removal of the modulars and the scaling back of the intensity of use on the site because of the loss of parking and seating. Additional landscaping is called for in Phase 2 to bring the site into compliance with today's code. ISSUES: The illegal and unpermitted expansion of this project presents a number of issues which need to be considered by the City Council: 1. TRAFFIC The applicant has submitted a traffic statement which indicates that the expansion to 800 seats "will not cause the level of service standard for Northlake Boulevard to be exceeded ". However, the nature of this use is such that the City should also consider peak hour trips as well as average daily trips. Staff's concern is that simultaneous use of the north and south properties for church services could result in so many vehicles on Northlake Boulevard at the same time that traffic control measures could be overwhelmed. In response to this concern, the petitioner submitted an operational analysis of the driveways on Northlake Boulevard on Sundays which establishes that the site will demonstrate "very acceptable levels of service" even after the opening of the north campus. Recently, however, the City's traffic engineer raised the question of whether the church's Wednesday night service would cause the driveway analysis to fail. In response the petitioner has had their traffic engineer update their original driveway operational analysis to include Wednesday evening. This analysis indicates that "Operations on Wednesday evenings should be significantly better than on Sunday..." The petitioner has indicated to staff that, once the north campus is open, the south campus will no longer be used for regular religious services. Staff recommends a condition of approval to this effect. 2. DRAINAGE The petitioner originally gave the City drainage plans for the site representing both current conditions and the buildout of the Church of the Nazarene site. The drainage scheme relied on the use of an off -site treatment facility on property owned by the Church of the Nazarene. In such cases a formal drainage agreement should be secured between the two parties. However, the church was not able to finalize the required agreement. Therefore they have now submitted revised drainage plans and calculations that keep all required drainage on their own site and discharge from their own site. The City Engineer has reviewed and approved the revised conceptual drainage plan. 3. PARKING Staff's parking concerns with this project fall into two areas: the overall number of spaces provided, and technical problems with some of the spaces on the property. Overall Numbers: Current City code calls for 1 space per 4 seats in the principal building. The site currently contains 800 seats (600 permanent, 200 temporary) which would require 200 spaces. The site has 201 spaces, of which 62 are paved and 139 are grass. Therefore the plan technically complies with the code. However, 15 of the spaces are not code - compliant (see discussion below). The petitioner also has a cross parking agreement with the Church of the Nazarene immediately to the west which allows them to use 104 of their spaces. These spaces are available for "overflow" parking for Christ Fellowship, but the agreement between the two parties is subject to termination at any time "upon written notification to the other ". Furthermore, Sec. 118 -421 of the City code states that "off- street parking for non - residential uses as required by this article shall be located on the same building site as the uses they serve ". Therefore these off -site spaces cannot be considered in any examination of Christ Fellowship's parking situation. City staff has been re- evaluating the number of spaces required for churches, and is currently recommending 1 space /3 seats (see discussion below). The north campus was approved at 1 space per 2 seats, but this number was imposed by City Council and was not recommended by staff. One space per 3 seats is the number used by Palm Beach County and many other governments for churches. The possible need for more parking is indicated by the September 1997 Traffic Study of Christ Fellowship prepared by Miles Moss & Associates, Inc. which found that "vehicle occupancy rates are lower than Code expectations of 4 people /vehicle, as observed rates range from 1.92 to 2.1.3 people /vehicle ". Observations also indicate that the "overflow" parking at the Church of the Nazarene is heavily used. Indeed, the fact that Christ Fellowship felt the need to obtain the use of this extra parking shows that the petitioner is not finding its on -site parking to be adequate. This may be due to the fact that the church has multiple services on Sunday morning, and worshipers for just - concluded services have not vacated the lot before worshipers for the next service arrive, leading to an overlap. Parking Rate: In the latter half of 1998, City of Palm Beach Gardens Planning and Zoning staff did a considerable amount of reseach concerning church parking rates as part of a proposed new church ordinance. The following are some highlights from that research. Staff reviewed a publication produced by the American Planning Association called Off- Street Parking Requirements: A National Review of Standards (Planning Advisory Service Report #432, ed. David Bergman). This study gathered and analyzed 127 zoning and parking ordinances from all over the country. For churches and other places of worship, standards ranged from 1 space per 8 seats to 1 space per 2.5 seats. The most common standard was 1 space per 4 seats. This conclusion is not altered when several of the smaller municipalities are deleted from the analysis and only larger areas (such as Palm Beach Gardens) are left. One possible flaw in the above study is that it was published in 1991 and hence may not be reflective of the "megachurch" phenomenon (assuming that larger churches have higher parking demands than smaller ones, which may not be true). Therefore staff has reviewed a variety of parking ordinances for places of worship which have been prepared or revised since 1991: Location Hillsborough County, FL Port Orange, FL Collier County, FL Fairfax, VA Portland, OR Selected North Carolina jurisdictions Palo Alto, CA St. Charles, LA Parking Standard 0.3 spaces /seat space /3 seats in main area (fixed) 1 space /30 s.f. in main auditorium (removable) 3 spaces /7 seats in chapel or assembly area (may be reduced to 1 space /4 seats by ZBA) 1 space /4 seats (may be reduced if off -site parking available) 1 space/ 100 s. f. in main assembly area range: 1 space /4 seats, to 1/space/4 seats + 2 spaces /3 employees, to 1 space /8 seats 1 space /4 seats, based upon maximum use of all facilities simultaneously 1 space /4 seats, or 1 space /72" of bench seating We also looked at our immediate neighbors. Palm Beach County uses a standard of 1 space /3 seats, with any schools or gymnasiums being calculated separately. West Palm Beach uses 1 space /100 s.f. in the main assembly area, plus 1 space /1000 s.f. of any other assembly areas such as Sunday schools. Finally, we reviewed information from Jim Schwab, who is one of the editors of Zoning News and is an authority on megachurches. In a communication to our former Growth Management Director, he says "Overall, one parking space per 3.5 seats in the main sanctuary or auditorium seems to be an emerging standard..." but the proper standard could be lower for churches that are not "family- oriented ". Each church's demographics should be analyzed. Incidentally, most of the larger existing and recently- approved churches and places of worship in Palm Beach Gardens use a standard of 1 space /4 seats, including both the existing and proposed Trinity United Methodist, Gardens Presbyterian, Nativity Lutheran, and Temple Beth David. St. Ignatius Loyola (proposed) is about 1 space /3.3 seats. St. Marks is about 1 space /6 seats, but this ratio will improve with the new ballfield addition with its associated parking. Based upon all of the above research, and attempting to apply it to our local conditions and the particular circumstances of Christ Fellowship, staff is recommending a parking ratio of 1 space /3 seats in the sanctuary auditorium. This standard is more conservative than our current rate of 1 space /4 seats and parallels national trends toward somewhat higher parking standards for churches. This standard is the same that was recommended by former staff when they researched this issue in 1998, except that they also recommended requiring additional spaces for "other accessory uses ... when applicable ". By this they meant schools, day care, meeting halls, and offices. However none of these uses should be taking place at the same time as church services, except Sunday school, which should not generate the need for any additional parking. If the church plans a significant youth program for young people old enough to drive, which would be held simultaneously with the adult services during peak use times, additional parking for that use could be appropriate. Technical Problems: The great majority of the spaces on site (136 of 201) are grass parking. Grass parking is allowed by Sec. 118 -478, subject to meeting technical criteria, submission of an application, and approval by City Council. In all cases, aisles must be paved; only the spaces themselves can be grass. Grass parking areas are subject to the same dimensional, landscape, and other code requirements as regular spaces. The site currently contains 15 grass parking spaces in the area of the basketball court between the existing modular buildings and a proposed drainage swale. These spaces do not meet the technical requirements for dimension, back up area, access drive width, access drive paving, and landscaping. Therefore the City Engineer and the planning staff have recommended that they not be permitted unless they are improved to meet code. Prior to the last Planning and Zoning meeting, the petitioner submitted plans which call for the removal of these 15 spaces. Six spaces have been added in other areas, so there will be a net loss of nine spaces, for a grand total of 192. 4. USE EXPANSION The original conditional use and site plan applications were for 300 seats in a 15,825 square -foot, 1 -story building. The approval also included a separate "caretaker's residence" of 2,196 square feet and parking for 92 cars. Today the site contains 800 seats in a 2 -story building of 2 1, 100 square feet The "caretaker's residence" has become a 4009 square -foot youth building. The site has also gained 3,336 square feet in modular buildings and 915 square feet in sheds, for a total square footage of 29,360 (An earlier request by the petitioner for 3,264 square feet of additional modular space has been withdrawn.) As discussed above, the site now contains 201 parking spaces. This site is at, if not over, capacity for use as a place of worship. If the City Council approves this requested use expansion and site plan amendment, staff suggests a condition that 192 of the seats be removed upon the opening of the north campus. 5. SEPTIC SYSTEM This site is still serviced by a septic tank. Presumably it is the same system that was installed back when the church had 300 seats. The City needs to be assured that this system is functioning properly and that it has enough capacity to service the current uses on this property. The City Engineer has determined that the present capacity of this site (800 seats) surpasses the threshhold requiring the project to tie into public sewer if it is available. This will be true even after the petitioner reduces the number of seats to 768 (phase 1) and then to 576 (phase 2). Therefore staff is suggesting a condition of approval which will require the petitioner to tie into the nearest public sewer, which is presently on the north side of Northlake Boulevard, within a reasonable time period after their occupation of their new campus. Staff is not insisting upon immediate hook -up because the sewer line will not become available until the completion of the Christ Fellowship North project. SUMMARY: Staff is recommending the adoption of a parking standard of 1 space /3 seats for this project. The effect of this change and the net loss of nine parking spaces would be to allow 192 parking spaces at a rate of 3 seats per space for a total allowed capacity of 576 seats. Staff is also recommending several other conditions of approval (see below and Ordinance 34, 1999). RECOMMENDATION: Staff recommends approval of SP -97 -03 with the following Conditions of Approval: 1. The Conditions of Approval of Resolution 13, 1991 remain in effect (most have been fulfilled). 2. Within 30 days of the adoption of this resolution, the petitioner shall: A. Remove the 15 parking spaces from the basketball court. B. Install the new landscaping which is shown on the Phase 2 (Proposed Landscape) Plan except for areas of the site which are subject to new construction for drainage facilities. Landscaping in drainage construction areas shall be installed within 30 days of the completion of that construction. 3. Within 30 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or on January 2,2000, whichever occurs first, the petitioner shall: A. Close the access point between this site and the Church of the Nazarene to the west. B. Complete all non - landscape site improvements and changes. C. Remove the modular units from the property. D. Pave all parking aisles per City code. 4. Within 90 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended), the petitioner shall tie this project into the public sewer system. 5. If the applicant's revised drainage plan is approved by the City, the applicant shall revise the site plan, landscape plan, and all other plans to match the drainage plan prior to construction plan approval. DEPARTMENTAL COMMENTS PETITION SP -97 -03 ENGINEERING: See staff report and attached. BUILDING DIVISION: No objections. PLANNING AND ZONING DIVISION: See staff report and City Forester memo. POLICE DEPARTMENT: No objections. FIRE DEPARTMENT: No objections. PARKS AND RECREATION DEPARTMENT: No objections. SEACOAST UTILITY AUTHORITY: No objections. g/short: sp9703.cc.sp.doc /jn &jl June 24, 1999 June 30,1999 July 2, 1999 September 8, 1999 October 25, 1999 RESOLUTION 86,1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 13,1991 APPROVING A SITE PLAN FOR THE DEVELOPMENT KNOWN AS "CHRIST FELLOWSHIP" LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD WEST OF MILITARY TRAIL, IN ORDER TO APPROVE CERTAIN INFRASTRUCTURE IMPROVEMENTS; PROVIDING FOR AMENDMENT TO RESOLUTION 4, 1997 TO GRANT A TIME EXTENSION FOR THE TEMPORARY CONDITIONAL USE FOR MODULAR UNITS ; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Christ Fellowship Inc. for an amendment to the approved site plan and other documents for the development known as "Christ Fellowship" located approximately 3/4 mile west of Military Trail on the south side of Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto, to allow the construction of additional parking and other infrastructure improvements, and to extend the effective date of the time extension for the modular units, and WHEREAS, Christ Fellowship's conditional use was approved by the City Council by Ordinance 30, 1990 on December 20, 1990, and amended by the City Council by Ordinance 34, 1999 on September 16, 1999, and WHEREAS, Christ Fellowship's site plan was approved by the City Council by Resolution 13, 1991 on February 7, 1991, and WHEREAS, Christ Fellowship's temporary modular units were approved by the City Council by Resolution 4, 1997 on January 2, 1997, and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient, and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations. WHEREAS, the Site Plan Appearance & Review Committee of the City of Palm Beach Gardens has recommended approval of said petition, with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Resolution 13, 1991 approving a site plan for the development known as "Christ Fellowship" located on 5.43 acres approximately 3/4 mile west of Military Trail on the south side of Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto, to construct drainage facilities, additional parking, and other infrastructure improvements. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Resolution 4, 1997 to extend the expiration date of the approval granted by that resolution until the granting of the Certificate of Occupancy for the sanctuary on Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or until January 1, 2000, whichever shall first occur. SECTION 3. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: 1. The Conditions of Approval of Resolution 13, 1991 remain in effect. (Development Compliance Officer) 2. Within 30 days of the adoption of this resolution, the petitioner shall: A. Remove the 15 parking spaces on the basketball court. (Development Compliance Officer) B. Install the new landscaping which is shown on the Phase 2 (Proposed Landscape) Plan except for areas of the site which are subject to new construction for drainage facilities. Landscaping in drainage construction areas shall be installed within 30 days of the completion of that construction. (Development Compliance Officer) 3. Within 30 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended) or on January 2, 2000, whichever shall first occur, the petitioner shall: A. Close the access point between this site and the Church of the Nazarene to the west. B. Complete all non - landscape site improvements and changes. C. Remove the modular units from the property. D. Pave all parking aisles per City code. (DevelopmentCompliance Officer) 4. Within 90 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship's new campus on the north side of Northlake Boulevard (as referenced in Ordinance 20, 1997 as amended), the petitioner shall tie this project into the public sewer system. (Development Compliance Officer) 5. If the applicant's revised drainage plan is approved by the City, the applicant shall revise the site plan, landscape plan, and all other plans to match the drainage plan prior to construction plan approval. (Development Compliance Officer) SECTION 4. Construction of said development shall be consistent with plans and documents on file with the City's Growth Management Department as follows: 1. June 7, 1999 Existing South Campus Site Plan, Glen Pate & Associates, Sheet SP 1.0 2. August 5,1999 Future Phase 2 Site Plan, Glen Pate & Associates, Sheet SP 1.0 3. June 16, 1999 Existing (as- built) Landscape Plan, Glen Pate & Associates, Sheet L -1 4. August 6, 1999 Proposed Landscape Plan, Glen Pate & Associates, Sheet L -2 5. September 4, 1999 Stormwater Management Plan (Church Site), Kenneth H. Kruger, P.E. 6. September 7, 1999 (date stamp)Conceptual Drainage Plan (Full Buildout), Kenneth H. Kruger, P.E., Sheets 1 -2 7. August 5, 1999 Future Phase 2 Photometric Site plan, Glenn Pate & Associates, Sheet ESP 1.0 SECTION 5. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 1999 JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. CITY ATTORNEY g/short: sp9703.res.doc /jn &jl 6-09 -1997 0:4SAM FRom 1ST UNITED BANK S61 691 132 P.4 6-09 -1997 1 : 17PM 1 X 1ST UNITED SANK LW 1 407 d33 >!I_ :5 P.4 w • ORS bb7� Ps 13,2 - • Y1�RCEL 1 t rem- A psrccl of land lying rnd being In this Northeast Quarttr of l,satlon�234 YoWn#htp 4Z 50Vi16, RanQc 4= East, 1'01PI Brach county. Florida. cwr,r pertiCylarly dcacritad aa'toi3ta„cs rrom tht t:ortht.ast erection tumor of sate Srctloa 23• Zv+mihip 42 South. Ranvo tY Eastt thmatt 5ovtb 00 1)NQlttt. 03 minutes, 46 5ccbnds !teat along the >ast line of sold SCCtjQq _23t a distsrce of 107.0 rrct to a point lyiog on cot Southa:n Right- of -WAy lints of Lake Park host Road as now laid out and is %piv; thence Kcvt along said eoathern RSQht- of -Key lfnc a distance of 1906.00 feet to. tht 'point of beginning and the northeast tor'nor of tbv hrrelt,atter 6c4cribe4 Parcel; #-%v ►ce cootlavt hest along staid Southerly Riuht- of_V&y line a distance of 706.44 test to a.pointr thence South a*dl:tance of 5$4.00 feet to a points thence East s diatanca OS 156.66 tset to a point b: Curve e6n4CXVV to the ttorthvsst, tkchQv northerly and rt:#%gr3r along the are of Maid curve, l+aviag a radius of $00 feet aA1 a central angle of 15 Oegrees, t1 ltlactt�c Y: pecans. a dictsnce aE 15:..3 t6tt to a rotnt,- thane♦ ,tortk a distance of S34_SS tact to tht point of brQihata4. Less the sovth so feet thereof for canal Right -•of-Kay as cosvfYVd by Right - of -Vay shed rteordad is Official Record 50.0k licit page 211. and Les& the Korth 70 tttt thertof ss caavcyrd by Eight -of - W «y Dr•4 rrcordod to Official ltvcvrd 300 4171, 7494 jZ.10. aaRcm Zi Lot in -NOT SK"DCO- part of unreCoCded plat of H01ZSZ*X0E ACRES .arc particularly doscriU*4 as iollovs: 11 1 cc-- aacin4 et the Northwest corner of tt+v =oat hay tot Scctior =3 1A '*v"hip 42 South* M-Age 42 Z*at, Pala Itacu County, Siertdss thwoev 5ot:th aloha th4 Vest llhw of Mate t:.st halt Of 54ctl*A 22 of an axsum*d hearing South 0 Orgrra:, 01 Kis,ates, 53 $*Condit Kest a diatancc of 107.45 feet to . point in the South Fight -ot- Uay Tins of Lake nark Shat Roads thence at ttAring duo root along Said. 21nt a dtttiA,- Or $67.44 fttc to tht Vortnwect eoraMr of thv parcel e_v#c lbtd hermit, and tha Point vt 3"Is aingt theACt Cohtll,ltf at bearthq due that a distamw 150 Ztet to s points thetec. At Iteariay due South a distance 50o tact to t point is trot Noeth Right -of star ttnc of ean4l tats. ti thence at beariao eve Wttt slvaq the said Right -of -Kay line a dir aace ISO feet to a point: thtaet at bearing eve Korth a distance 50o fttt to the paint of )Cunning. Lei3 thr t(Qgth 70 feat thcrtVf as evilYeyCd to 1tIght:- 0f--Vay Deed rseotde4 in Offlettil Record Book 4171, 1,694 1753. MiI13IT A' . t;EGG� vCgt�ttdq r M.Y..✓. Ml.de�n PALO <3EX6iCOiAjrY f-ta. JUN -22 -1999 17 :38 L,BF&H - STUART 561 286 3925 P.02/03 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. M= r)- CONSULTINIG ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Tammy Jacobs DATE: June 22, 1999 (Supercedes comments dated June 18, 1999) SUBJECT: Palm Beach Gardens Christ Fellowship (LBFH File No. 90 -1033) We have reviewed the revised Conceptual Drainage Plan prepared by Kenneth H. Kruger and revised Site Plan prepared by Glenn Pate received June 18, 1999. We offer the following comments: 1) Conditionally Satisfied. The applicant has submitted a cross - section detail of the proposed on -site stabilized rock drive aisles showing the overall width meeting LDR Section 118 -475, asphalt, base and subgrade specifications meeting LDR Section 114- 206 and slopes to show the storm water runoff conveyance. Prior to City Council approval, the applicant will need to revise the cross- section detail to show a minimum 24' drive aisle width meeting the requirements of LDR Section 11 8475. 2) Conditionally Satisfied. The conceptual drainage plan does identify the standard grass parking spaces as 10' x 18.51. Prior to City Council approval, the applicant will need to revise the cross - section detail to show a minimum ZV drive aisle width meeting the requirements of LDR Section 118475 as previously stated in comment number 1. 3a) Conditionally Satisfied. It appears that there is a conflict between the proposed "ultimate build -out" of the dry detention area and the existing temporary modular unit. As a condition of the issuance of the certificate of occupancy for the proposed Christ Fellowship Church located north of Northlake Boulevard, the temporary modular unit shall be removed. 3b) Satisfied. The applicant has removed the proposed "staff parking" spaces surrounding the existing basketball court eliminating the conflict between the "staff parking" spaces and dry detention area. 4) previously Satisfied. 3550 S.W. CORPORATF PARKWAY • PALIA CITY. (WrUDA 349W - (581) 2$63863 • FA)L (5611 286 -3'025 nupwWwwlbb.com • e -nwk kdofami mn PAI M OTY WEST PALM WACH fm PIERCE , OKEEC HOOM JLN -22 -1999 17 :38 LBF&H - STLIART 561 2% 3925 p. 03/e3 Pa}m Desch Gard= Christ Fellowship LBM file No. 90 -1033 Page 2 of 2 5) Conditionally Satisfied. The off -site drive aisles shall be abandoned and restored to the satisfaction of the City prior to receiving the certificate of occupancy for the proposed Christ Fellowship Church located north of Northlake Boulevard. 6) Conditionally Satisfied. Prior to construction plan approval, the applicant shall provide a copy of the approved PBC permit allowing the paved connection to the existing paved apron at the right -only curb out on Northlake Boulevard. 7) Satisfctd. The applicant has eliminated the proposal 15 additional grassed parldng spaces (staff parking) around the basketball court. 8) Conditionally Satisfied. The applicant has submitted certified water quality and quantity calculations during the site plan review process. Engineering has performed a courtesy review of the calculations but will perform a more in depth review of the calculations during construction review. Prior to construction plan, all water quality and quantity calculations shall be reviewed and found acceptable by the City Engineer. 9) The applicant has voluntarily submitted an operational analysis of the driveways accessing the north and south Christ Fellowship Churches in response to City concerns. The analysis has bee transmitted to the City's Traffic Consultant for a courtesy review. We will issue comments once the review is completed and comments are received. 10) Conditionally Satisfied. Prior to City Council approval, the applicant is will need to submit a recorded agreement with the property to the west, allowing the applicant to utilize the offsite drainage canal located on the adjacent property. ri r.wsG ot1033LAoc e: Bobbie Herakovich Roxanne Manning TOTAL. P.03 ftb LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS & MAPPERS MEMORANDUM TO: Jim Norquest FROM: Sean C. Donahue DATE: August 31, 1999 SUBJECT: Christ Fellowship Church File No. 90 -1033 Based on our conversations with you on August 30, 1999, and with representatives of the Church of the Nazarene earlier this month, we understand one of the following two options will be chosen as a solution to the drainage issues at the referenced site: Option 1• The Christ Fellowship Church will submit revised drainage plans showing that the storm water will be treated on site and will be disposed of through their own positive legal outfall. This option will essentially separate the two sites. Option 2• The Christ Fellowship Church and the Church of the Nazarene will sign an agreement to share the drainage ditch along the east property line of the Church of the Nazarene site. Prior to making this agreement, we recommend that the Church of the Nazarene hire its own civil engineering consulting firm to review the proposed shared drainage plan in order to protect its present and future interests. Special consideration should be given to the future development of the Church of the Nazarene site. SCD/ c: Roxanne Manning PAPBGMEM0\1033m 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info @lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. Lkm — CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Jim Norquest FROM: Tammy Jacobs DATE: September 16, 1999 SUBJECT: Palm Beach Gardens Christ Fellowship (LBFH File No. 90 -1033) We have reviewed the revised Conceptual Drainage Plan prepared by Kenneth H. Kruger received September 7, 1999 and review comments from MTP Group, Inc. received September 16, 1999. We offer the following comments: 1) Satisfied. The Conceptual Drainage Plan appears to meet the minimum drainage requirements of the City. The applicant is proposing to pre -treat all on -site storm water runoff in two dry detention areas prior to discharging into the NPBCID canal through an existing control structure. No storm water runoff will be directed off -site for pretreatment which is consistent with the City's and SFWMD's drainage requirements. 2) Conditionally Satisfied. The applicant has provided detailed drainage calculations with this site plan submittal. Typically, detailed drainage calculations are provided during construction review. However, engineering has performed a courtesy review of the calculations and will perform a more in depth review of the calculations during construction review. Prior to construction plan approval, all water quality and quantity calculations shall be reviewed and found acceptable by the City Engineer. 3) Conditionally Satisfied. The existing modular units are in conflict with the proposed dry detention area and will need to be removed prior to the construction of the dry detention area. Removal of the modular units and construction of the dry detention area shall be completed within 30 days of the issuance of the Certificate of Occupancy for the sanctuary on Christ Fellowship's new campus on the north side of Northlake Boulevard or on January 2, 2000, whichever shall first occur. 4) Satisfied. Maria Palombo has reviewed the applicant's letter addressing traffic conditions on Northlake Boulevard during the Wednesday evening services. Ms. Palombo states that based on the information provided, Northlake Boulevard will operate at acceptable level of service during Wednesday evening services as well as Sunday services. C: Roxanne Manning PAPbgmemo\ 1033o.doc 3550 S.W. CORPORATE PARKWAY • PALM CITY, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: / /www.lbfh.com • e -mail: info@lbfh.com PALM CITY WEST PALM BEACH FORT PIERCE OKEECHOBEE LlbLf 0 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Kim Glas FROM: Sean C. Donahue GL✓O DATE: September 28, 1999 SUBJECT: Christ Fellowship Church -South File No. 90 -1033 Attached are MTP group's comments regarding their review of a letter prepared by Kimley -Horn Associates, Inc. for the referenced project dated August 23, 1999. In summary, MTP Group agrees with Kimley -Horn's conclusions that the operations on Northlake Boulevard during Wednesday evenings should be better than during Sundays. A previous analysis has been performed which addresses traffic during Sunday services. Based on the information presented in the previous analysis, Northlake Boulevard will operate at acceptable level of service during church service on Sundays. SCD/ cc: Roxanne Manning PAPBGMEMO\ 1033\ 1033p 3550 S.W. CORPORATE PARKWAY - PALM CITY, FLORIDA 34990 - (561) 286 -3883 - FAX: (561) 286 -3925 http: / /www.lbfh.com - e -mail: info @lbfh.com MUM 01-Y WEST PALM BEACH FORT PIERCE OKEECHOBEE ficip MTP Group, Inc. 12798 Forest Hi /l Boulevard, Suite 303 West Palm Beach, FL 33414 Phone: (561) 796 -0678 Telefax. (561) 795 -0230 MEMORANDUM To: Sean C. Donahue, P.E. Lindahl, Browning, Ferrari & Hellstrom, Inc. From: Maria T. Palombo, P.E. ov Date: September 16, 1999 Subject: Christ Fellowship Church Kimley -Horn and Associates, Inc. has prepared a letter dated August 23, 1999 in reference to the proposed Christ Fellowship Church. The letter addresses traffic conditions on Northlake Boulevard during Wednesday evening services. We concur with the letter that operations on Northlake Boulevard during Wednesday evenings should be better than during Sundays. A previous analysis has been performed which addresses traffic during Sunday services. Based on the information presented on the previous analysis, Northlake Boulevard will operate at acceptable level of service during church service on Sundays. Please give us a call at (561) 795 -0678 should you have any questions or need additional information about this project. C.Uvn PBG\Ch istFellowsEp.Mmo2.wpd PGA PROPERTY OWNERS ASSOCIATION, - C:. . I :r . Shoppes On The Green Vic= ` 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 { AUG i 9 W9 I) ! I TELEPHONE (561) 627 -2800 August 18, 1999 Joseph Russo, Mayor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Dear Mayor Russo: R ca�a�0 y�99 �NNR1G. (561) 622 -6324 Since I will not be able to attend the City Council Meeting on August 19, 1999, I would appreciate your entering my comments into the record. These comments refer to Resolution 86, Christ Fellowship. It goes without saying that this issue has been before the Council and residents of Palm Beach Gardens for too long. When everything seems to be resolved, another issue surfaces. It is time for the Council to take a firm and unwavering position. Christ Fellowship (CF) has, for the past two or more years, ignored their responsibilities regarding code violations. Our City, in turn, has failed to force them to face the code violations which are numerous and well known among the parties. Now they come before you to compound those violations. It is clear that CF has flagrantly disregarded code restrictions and ignored the will of the surrounding neighborhoods. I truly don't understand how City Staff can recommend approval of Resolution 86. In 1991, site approval was for a 15,825 sq. ft., 300 -seat facility. Without approvals, CF expanded the site to 21,100 sq. ft. Couple this with an illegal driveway, a "residence" (not used as such) expanded by 1,813 sq. ft., insufficient on site parking for current occupancy and other dwellings built, without approvals, and you have a clear indication of CF's "in your face" attitude. No other entity in our City would get away with what they have. It is the Council's responsibility to answer: "Why was this allowed to happen? Why wasn't CF forced to make the necessary corrections to their site plan when violations were discovered by residents, by the way, two years ago ?" Joseph Russo, Mayor August 18, 1999 Page 2 This situation of "doing" and then asking for "forgiveness" has gone too far. It should be clear to all members of the Council that the good faith attitude projected by CF has not materialized. Respectfully, uo D , r ident �'" PGA Property wners Association SDG:las Cc: Lauren Furtado, Vice Mayor Eric Jablin, Councilman David Clark, Councilman Carl Sabatello, Councilman K Cypress Hollow Homeowners Association P.O. Box 33555 Palm Beach Gardens, Florida 33420 -3555 The Honorable Joseph Russo City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: Ordinance 34, 1999: Petition CU- 97 -04, and Resolution 86, 1999 (SP- 97 -03) Expansion of Palm Beach Gardens Christ Fellowship, Inc.'s South Campus Dear Mayor Russo: On Wednesday, July 21, 1999, the Cypress Hollow Board of Directors representing a community of 54 homes, met and discussed Ordinance 34, 1999 — "Providing for Amendment to Ordinance 30, 1990, which Approved a Conditional Use to Allow an Increase in the Maximum Occupancy at the Site known as `Christ Fellowship' And Amendment to the Approved Use of the Residence Building to a Youth Center" and Resolution 86, 1999. The Board was unanimous in its decision that Ordinance 34, 1999 and Resolution 86, 1999 should not receive approval from City Council. Although the petitioner gradually expanded the campus since the initial construction phase, the site plan and conditional use which were originally approved should remain intact, especially with regard to the number of seats which should remain at 300. Respectfully submitted, L ' T�._M , Pgoident Join C. Altwater, Vice res. E ett StouW, Treasurer Wanda Akins, irector] Carl Steele, Director -9� v Fl-d Bob Tegarvsecretary U)a& fi 2LGP� ��? Walter Pierce, Dire for LAW OFFICES GOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE & OICONNELL A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS JOSEPH L. ACKERMAN. JR., P.A. LINDA DICKHAUS AGNANT BRUCE O. ALEXANDER, P.A. JERALD S. BEER, P.A. WILLIAM R. GOOSE, III, P.A. JOHN D. BOYKIN P.A. PATRICK J. CASEY, P.A. RICHARD R. CHAVES PATRICIA M. CHRISTIANSEN ALAN J. CIKLIN, P.A. MICHAEL W. CONNORS ROBERT L. CRANE, P.A. RONALD E. CRESCENZO JASON S. HASELKORN W. JAY HUNSTON, JR., P.A. BRIAN B. JOSLYN, P.A. GREGORY S. KING, P.A. CHARLES A. LUBITZ, P.A. EDWIN C. LUNSFORD, P.A. RICHARD L. MARTENS, P.A. LOUIS R. MCBANE, P.A. E. SCOTT NUNLEY BRIAN M. OCONNELL, P.A. PHIL O. OCONNELL, JR., P.A. TIMOTHY J. ROOKS JOHN R. YOUNG, P.A. August 30, 1999 Siro DeGasperis, President PGA Property Owners Association Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 Re: Christ Fellowship Church/South Campus Dear Mr. DeGasperis: PHILLIP D. O�CONNELL, SR. (1907 -1987) OF COUNSEL JOHN L. REMSEN MICHAEL J. KENNEDY NORTHBRIDGE TOWER 1 • 19TH FLOOR 515 NORTH FLAGLER DRIVE WEST PALM BEACH, FLORIDA 33401 TELEPHONE (561) 832 -5900 TELECOPIER (561) 820 -0381 MAILING ADDRESS P.O. BOX 4626 WEST PALM BEACH, FL 334024626 As you know, I represent the Christ Fellowship Church. I am in receipt of your August 18, 1999 letter provided to Mayor Russo and the other members of the City Council. You have apparently been misinformed and you should have more accurate information available to you. First, notwithstanding the contents of your letter, the Church has not received any Notice of Code violations from the City. They did receive building permits from the City for all improvements to their South Campus. The building permits were approved in the normal course of business after review by appropriate City personnel. Notwithstanding your comments that the Church expanded "without approvals" to 21,100 square feet, if you will look at the original site plan approved for the Church in the City files, you will see that it includes two floors of square footage totaling 21,100 square feet. Again, a building permit was issued by the City for the total square footage. The current site meets the City parking requirements according to the City Staff Report, using the existing Code requirement. Therefore, your statement that there is "insufficient onsite parking" is also incorrect. In addition, there are 104 extra spaces which are used as overflow parking on the Church of the Nazarene site, contiguous to the Christ Fellowship Campus. Siro DeGasperis, President August 30, 1999 Page 2 After the North Campus of Christ Fellowship is open, the sanctuary seating at the South Campus will be reduced to 576 seats and onsite parking will be provided at a ratio in excess of Code requirements. The existing Church facility and the new facility both exceed Palm Beach County Traffic Performance Standards and all traffic reports prepared by Kimley -Horn & Associates, the Church's traffic engineers, have been reviewed by the City Engineer and they concur. The approval being considered by the City Council meets or exceeds every Code requirement and is recommended for approval by City Staff and the City Planning & Zoning Commission. Based on the verifiable facts, your letter is inaccurate when it suggests that the Church constructed more square footage than it was approved for. You were also wrong when you state the Church does not meet parking requirements. And since no Code violation was ever issued, and building permits were issued by the City for all improvements, your statement about "Code violations" and the use of the word "flagrant" are also incorrect and misplaced. The tone of your letter must be based on inaccurate information. The Church does nothing but good. They have never knowingly inflicted any harm on the members of your organization and quite honestly I doubt there is any impact on your membership at all. Before you send your next letter, it may be helpful to really understand the facts. I am sure you would want it no other way. Sincerely, r :f Alan J/ C' in AJC /ag 28498 cc: Mayor Joseph Russo Bobbie Herakovich, City Manager City Council Members: Lauren Furtado, V. Mayor, David Clark, Eric Jablin, and Carl Sabatello Christ Fellowship • � 06 /lb /8i! 1ti: s4 rAa: ,5fflssY�7U� �r-� � � tGmtey -Horn ►.J1t and Assodates, tnc: a June 15, 1999 Pastor Thomas D. Mullins Palm Beach Gardens Guist Fellowship Church 5212 Northlake Boulevard Palm Beach Gardens, Florida 33418 Re: Palm Beach Gardens Christ Fellowship Church Palm Bcaeh Gardens, Florida Dear Pastor Mullins: As requested, K m1ry -Horn and Associat,!c, Lae. TAt performed an operational analysis o f the driveways accessing the north and south campuses of the Chest Fellowship Church. An 800 seat church (600 per - nent, 200 temporal) currently exists south of Nor(hlalce Boulevard. A 1,750 seat church is currently under construction north of Northlake Boulevard, opposite the existing church. When construction is completed the temporary scats in the south church will be removed. It is assumed that the south church will remain in operation evcn.though Christ Fellowship does not intend to operate the south campus with church services. Access to the south campus is provided via-two full- access driveways (west and central driveways) and one. right -out only driveway (east driveway) oa NodhIske Boulevard. The central driveway is coutrollod by two off -duty police officers duaigg Sunday services. Access to the north c—pus will be provided via one full access driveway (across from the south cam—mus' west driveway) and one right -in, tight -out driveway Gust west of the mtth campus' central driveway) on Nortblake Boulevard. The central and east driveways accessing fire south campus will mmam open after completion of the ror@t cR-I;+us construction. The west driveway will be closed to south campus traffic. Existing conditions w= (ViAntified for NordAilm Boulevard and the ehuroh driveways. Machine counts were performed on Notthlake Boulevard adjacent to the church from Friday. May 21 through Sunday, May 23 to quantify traffic volumes on Northlake Boulevard during the time periods when Christ Fellowship is cu rcndy and will have Sunday church services. Manual turning movement counts Wert performed at the church driveways on Sunday, May 30 to quantify church traffic during the church's peak operating periods. The existing church was found to generate approximately 665 trips during the peak operating hour on Sunday mormn_v. Existing conditions wcxc evalu-itod using the signalized intersection methodology set forth in the 1994 Hcghway Capacity Manual. `Kith traffic control being performed by off-duty police otlicem the driveways operate similar to demand :Q at 1& ass FAX 661 0 tm WAuuxiol0 K 4591 Embacca:km O;h-e Wen Pam 6euk Fb9a 2.+507 I `f • ,06/15/99. 16:55 FAX 56JL8823703 10003 /010 rimmn K�rttay-Ham no end Associates, Inc. l��EOriLameto.1ZaRSaa,i�w ti. tt.t -02 activated signalizod intoc6cctions. 11,z ca-dating driveways war found to be opcnfirng at acceptable leveia of snrvicc. JVM waS can ruiad during a. visit to the site during the peak operating hour. Attached arc intctscefion capacity analysis taor%hectr, which indicate vary acceptable levels of scrvicc on Sunday momutg. Hu ildoat cor ditions WCM ceiiraated through irx c lotion of the existing chx=h trAf ric. Church officials have Weed not to hold isinmltaneous scrvices, however. to preseat a cansctv'ative analysi& the proposed driveways w= analyzed as if both the north and south campuses opera% e-t fuU capacity with the same schedule for church cervices. It was found that all proposed driveways will operate at acceptable levels of service based upon signalizod iutur dectiou capacity a nalyscs. Aitaehod am imtomeetion capacity tnalyeis warla;bccts which indicate vcry naccptable levels of acrvice on Sunday txivkW'LxU even if church sexvieos occur on bath campuges at ft same time. we should vatc. dint the trafo cancuatacy issues for the south campus are ipdependcat of eoneummcy issues for the nortk cam4ni4. We d[Lould also note that the concurreuay approval for the nar(h campus did not asmwo that the south --Tun cca_sed to functicx. fn fact,. thae uar$r campus =ffic was added to eidsting traffic velames which inolndc traffic fraru the south pampas. Tfrcrcforc, traffic, eonwt�.vncy is not an issue. It has !6een a pleasure working with you on ti,in project. If you have any qucations, please do not hesitate to call. very truly yat M t11 n,I C • � � N •PA- Pladda RCEAbration Nut bar M62 :�f iy '+06/15/99 16:55 FAX. 5618823703 @x004 /010 RCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kiml.ey -Horn And Associates, Inc. (E -W) Northlake Boulevard Streets: (N -S) West Driveway Analyst: IqM File Name: WAMEY,.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Existing Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes -0 > 0 -< 0 0 0 0 0 3< 0 1 3 0' Volumes 31 102 1259 10 7 1022 Lane W (ft) 12.0 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 --------------- - - - - -- - Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left * EB Left Thru Thru Right * Right Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds .EB Right N9 Right WB Right SB Right Green 6.OA Green 26-OA Yellow /AR 4.0 Yellow /AR 4.0 Cycle Length: 40 secs Phase combination order: ##1 ##5 - Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Plow Ratio Ratio Delay LOS Delay LOS NB LR r 257 _ 1467 0.545 0.175 11.6 B 11.6 B EB TR 3767 5581 0.390 0.675 1.9 A 1.9 A. WE L 186 276 0.038 0.675 1.4 A 1.7 A T 3772 55ss 0.314 0.675 1.7 A Intersection Delay = 2.3 sec /veh Intersection LOS A Lost Time /Cycle, L G 6.0 sec Critical v /c(x) = 0.422 :�f /� • uoitaiaa �o:aa C'A� a�flKtfY�lU� 14 005/010 HCM: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. CccCC�f CcccG�CCCCG_CCC =C��FSS =C�..�C1i s.CCC�C =CCCGG�CG'FC CGG�. -ACC GLC -. =c CC Cdr ' Streets: (N -S) Central Driveway (E -W) Northlake Boulevard Analyst: KRA File game: CIAME_X.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Existing Conditions, Sunday AM Peak FccC -��: cccG= CCCCGC�CCCGGC -= = cC�= �-..- CCCCGG�� =FccG= C�CCFCC_��...CCCC- . - =cssc Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 1 0 -1 0 0 0 0 3 < 0 1 3 0 Volumes 22 97 - 1259 52 222 1022 Lane W (ft) 12.0 12.0 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 -- Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right * Right Peds Peds SB Left WB Left Thru Thr„ Right Right Peds Peds BB Right NB Right WB Right SB Right Green S.OA Green 6. OA 16. OA Yellow /AR 4.0 Yellow /AR 4.0 4.0 Cycle Length: 40 secs Phase combination order: #1 #5 #6 ----------------------- ------------------------------------------------- Intersection Performance Summary L?ne Group: Adj Sat v/C g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS NB L - -- 310 1770 0.074 0.175 8.9 B 9.6 B R 277 1583 0.368 0.175 9.8 B BB TR 2361 5555 0.643 0.425 6.3 B 6.3 B WB L 496 1770 0.472 0.675 3.1 A 2.0 A T 3772 5588 0.314 0.675 1.7 A Intersection Delay G 4.4 sec /veh Intersection LOS A Lost Time /Cycle, L - 9.0 sec Critical v /c(x) t 0.606 e (Z vvd' &�1 oa A0.44 rtu OUL00441 UJ HCK: SIGNALIZED INTERSECTION SUMMARY Version 2.4f 06 -13 --1999 Kiml.ey -Horn And Associates, Inc. CCGG .:T•CCCG� =cG =�Cis.CCG�C��.G —�G T..0 L'GC�C T..CCCGL•CL".CCCGG� :�FCCGG��C�CCG� =GCCL..= Streets: (N -S) East Driveway (E -W) Northlake Boulevard Analyst: KHA File Name: EAMEX.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Faisting Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T It L T R L T R L T R No. Lanes - 0 0 1 0 0 0 0 3. 0 0 3 0 Volumes 123 1259 1022 Lane W (ft) 12.0 12.0 12.0 RTOR Vol s 0 - 0 0 Lost Time 3.00 3.00 3.00 - - Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left EB Left Thru Thru Right Right Peds Peds ` SB Left WB Left Thru Thru * '� Right Right Peds Peds BB Right NB Right WB Right SB Right Green Green 6.OA 26.OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 40 secs Phase combination order: #5 #6 -- Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS JQTB R 277 1583 0.466 0.175 10.5 B 10.5 B BB T 3772 5588 0.387 0.675 1.9 A 1.9 A WB T 5169 5588 0.229 0.925 0.1 A 0.1 A Intersection Delay = 1.5 sec /veh Intersection LOS - A Lost Time /Cycle, L - 6.0 sec Critical v /c(x) 0.403 �r M • Q4Z1*1Va U:bb rAI 56186ZZ703 (6007 /010 TICK: SIGH` LIZED INTERSECTION SUMKARY Version 2.4f 06 -13 -1999 Kiml.ey -Horn And Associates, Inc. Streets: (N -S) West Driveway (E -W) Northlake Boulevard Analyst: KRA File Name: WAMFUT2.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 0 0 0 2 0 1 1 3 0 0 3< 0 Volumes 704 77 136 1259 1022 167 Lane W (ft) 12.0 12.0 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 -- r Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left E9 Left Thru Th Right Right ` Peds Peds SB Left * WB Left Th_ru Thru Right * Right Peds Peds EB Right N3 Right WB Right SB Right Green 16.OA Green 6.OA 2G.OA Yellow /AR 4.0 Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: ##1 #5 #6 -- - - - - -- -- Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: Mvmts Cap Flow Ratio Ratio Delay LOS Delay LOS SB L - 1003 3539 0.761 0.263 15.1 C 14.7 B R 449 1583 0.161 0.283 10.5 B ES L 330 1770 0.433 0.617 4.8 A 4.0 A T 3446 5588 0.423 0.617 3.9 A WE TR 2462 5470 0.559 0.450 8.1 B 8.1 B Intersection Delay = 7.8 sec /veh Intersection LOS B Lost Time /Cycle, L 9.0 sec - Critical v /c(x) 0.645 ::le • 06/15/UV 16:56 FAX 5618823703 11008 /010 H(Y4: SIGNALIZED INTERSECTION SU14lMRY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. Streets: (N -S) Central Drive -North (E -W) Northlake Boulevard ,Analyst: KHA File Name: C2AMFUT2.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound Westbound L T R L T R L T R L T R go. Lanes -O 0 0 0 0 1 0 3 0 0 3< 0 Volumes 39 1259 1022 334 Lane W (ft) 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 -------- - - -r -- Signal Operation Phase Combination 1 2 3 4 5 6 7 8 NB Left ED Left Thru Thru rc Right Right - Peds Peds Ss Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WE Right SR Right Green Green 6.OA 46-OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: #5 #6 --- --------------------- ---------------------------------------------- Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: MVCttts Cap Flow Ratio Ratio Delay LOS Delay LOS - - - -- - - -- - - - - -- -- SB R 165 1583 0.222 0.117 15.6 C 15.6 C EB T 5309 5588 0.275 0.950 0.1 A 0.1 A WB TR 4216 5382 0.373 0.783 1.3 A 1.3 A Intersection Delay = 0.9 sec /veh Intersection LOS = A Lost Time /Cycle, L = 6.0 sec Critical v /c(x) 0.353 �f HCM: SIGNALIZED INTnRSECTION SUMMARY Version 2.4f 06 -13 -1999 Kimley -Horn And Associates, Inc. streets: (N -S) Central Drive -South (E -W) Northlake Boulevard Analyst: KIM File Name: CIAMFUT2.HC9 Area Type: Other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak Northbound Southbound Eastbound westbound L T R L T R L T R L T R No. Lanes -1 0 1 0 0 0 0 3 < 0 1 3 0 Volumes 40 111 1259 47 172 1022 Lane W (ft) 12.0 12.0 12.0 12.0 12.0 RTOR Vols 0 0 0 Lost Time 3.00 3.00 3.00 3.00 3.00 3.00 - Signal Operations Phase Combination 1 2 3 4 5 6 7 8 NB Left * EB Left Thru Thru Right night Peds Peds SB Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SB Right Green 6.OA Green 6.OA 36.OA Yellow /AR 4.0 Yellow AR 4.0 4.0 Cycle Length: 6o secs Phase combination order: #1 #5 #6 -- Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: MVmts Cap Flow Ratio Ratio Delay LOS Delay LOS - - - -- - - -- - - - - - -- - - - -- - -- - - - -- - -- NB L 206 1770 0.203 0.117 15.6 C 19.6 C R 185 1583 0.633 0.117 21.1 C EB TR 3428 5558 0.441 0.617 4.0 A 4.0 A " WB L 330 1770 0.548 0.783 4.3 A 1.6 A T 4377 5588 0.210 0.783 1.2 A Intersection Delay c 3.7 sec /veh Intersection LOS = A Lost Time /Cycle, L = 9.0 sec Critical v /c(x) = 0.527 1� 'edva.i. VlV IiCM: SIGNALIZED INTERSECTION SUMARY Version 2.4f 06 -13 -1999 Kimley -Earn And Associates, Inc. F =G���CCC��eCCG�cCCCCC =.�.., i�CC�GCCCTGCCSCCG= s .ecG�CCCLG.: =eCG�G�G� =��CG�`eC Streets: (N -S) East Driveway (E -W) Northlake Boulevard Analyst: KHA File Name: EAMFUT2.HC9 Area Type: other 6 -11 -99 AM Peak Comment: Buildout Conditions, Sunday AM Peak cCG�r ..FCCi�GCCL"�_..cccC���cC L'C� =cc= =- =�cCG- Northbound Southbound Eastbound Westbound L T R L T R L T R L T R No. Lanes 0 0 1 0 0 0 0 3 0 0 3 0 Volumes 130 1259 1022 Lane W (f t) 12.0 12.0 12.0 RTOR Vol S 0 0 _ 0 Lost Time 3.00 3.00 3.00 Signal Operations Phase Combination 1 2 3 4 5 6 7 6 NB Left EB Left Thru Thru Right Right Peds Pede ` SE Left WB Left Thru Thru Right Right Peds Peds EB Right NB Right WB Right SS Right Green Green .11.OA 41.OA Yellow /AR Yellow /AR 4.0 4.0 Cycle Length: 60 secs Phase combination order: 45 #6 ; ------------------- ----------------------------------------------------- Intersection Performance Summary Lane Group: Adj Sat v/c g/C Approach: 14vmts Cap Flow Ratio Ratio Delay LOS Delay LOS NB R - 317 1583- 0.433 0.200 14.2 B 14.2 B EB T 3912 5588 0.373 0.700 2.4 A 2.4 A WB T 5309 5588 0.223 0.950 0.1 A 0.1 A- Intersection Delay - 2.0 sec /veh Intersection LOS = A Lost Time /Cycle, L - 6.0 sec Critical v /c(x) = 0.386 2,7- Kimley -Horn and Associates, Inc. August 23, 1999 Pastor Thomas D. Mullins Palm Beach Gardens Christ Fellowship Church 5212 Northlake Boulevard Palm Beach Gardens, Florida 33418 Re: Wednesday Evening Service Palm Beach Gardens Christ Fellowship Church Palm Beach Gardens, Florida 04212001 Dear Pastor Mullins: As authorized, Kimley -Hom and Associates, Inc. has reviewed the traffic conditions during Wednesday evening service on Northlake Boulevard at the entrance to Christ Fellowship Church. The Wednesday evening service begins at 7:00 PM and ends between 8:15 and 8:30 PM. Peak season 1998 traffic counts were obtained from Palm Beach County for Northlake Boulevard west of Military Trail. The existing traffic volume on Northlake Boulevard during the peak hour of traffic arriving for the service (6:30 to 7:30 PM) is 1,896 vehicles. The existing traffic during the peak hour of departing vehicles (8:00 to 9:00 PM) is 1,055 vehicles. The existing Sunday morning traffic volume analyzed in our letter to you dated June 15, 1999, was 2,281 vehicles. The existing traffic on Northlake Boulevard on a typical weeknight is approximately 17 percent lower during the arriving peak hour and approximately 54 percent lower during the departing peak hour than the Sunday peak hour analyzed previously. The Sunday analysis contained both arriving and departing traffic for consecutive church services. On Wednesday evenings, there is only one service, so vehicles will be either arriving or departing at any one time. The Sunday analysis dated June 15, 1999 was a conservative analysis. Operations on Wednesday evenings should be significantly better than on Sundays because of the reduced traffic on Northlake Boulevard and because there is only one service. If you have any questions, please do not hesitate to call. Very truly yours, KIMLEY- ASSOC TES, INC. Joseph B. Pollock, Jr., P. SenioF Vice resident lation F1ZR gis Number 19562 04021201 -0823 99tm.doc ■ TEL 561 845 0665 FAX 561 863 8175 City of PE. Gardens AUG 26 1999 GRGWiH AR hiENT ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 Memo to File Date: June 17, 1999 From: Mark Hendrickson, City Forester. Re: SP -97 -03, Christ Fellowship I have reviewed the above - referenced petition submitted June 17, 1999. The following are my comments: • There is an existing light along the eastern property line that should be removed and replaced with a light similar to the new light pole design. • The proposed drainage plan is in conflict with an existing Ficus tree, shed and fencing. Based on the above comments, I recommend that after the trailers are gone, I will work with the applicant and the engineers to save the Ficus tree and provide adequate drainage. 1 i l� et Y fl ' �� 11 m = Z : D D 8 m Z 0 r7 m -i { i a� AF as � a� CHRIST FELLOWSHIP CHURCH ^evwioM ` CHURCH IAOLLMILDolr RENE ' KENNETH H. KRL(QE1Z, P.£. ..,: R CONCEPTUAL DRAINAGE PLAN y m n� 0 x m m s N Sm N z 2 0 :1 _� O 9 N T -C1 O a n o i Z c� Levi 0 n 0 z =� 0 3: M ocn m ca (J) v ^o Dom= nr' v m 00 c= � On Z C3: Mi F Z 0 C) Q 0 r b D O 9 O Z wonn�urc e�w. ?d pp 5 a 70 pi m 0 m y m n� 0 x m m s N Sm N z 2 0 :1 _� O 9 N T -C1 O a n o i Z c� Levi 0 n 0 z =� 0 3: M ocn m ca (J) v ^o Dom= nr' v m 00 c= � On Z C3: Mi Fit ix III PALM BEACH GARDENS CHRIST FELLOWSHIP ■ ■ tR > fol 0 rn M .5 0 z 15 0 z ulf --- -- - I- J—t NNIf 14 ni T PALM BEACH GARDENS CHRIST FELLOWSHIP & Amoc&s, ALA, PA. ALN i im "I' M1 : , -, . A :, ! : . 1. . I t I c 9 1 t , I t c 1 1 c c a![ c L--J r 9 : c c c c c 9 9 9 9 c r c 9 t c c c c 9 9 9 t 9 z I palm 76 cudrn Christ Fellowship ASSoCiates, PA. itaTm J U E E I li`I iiiU IQ . UilUiiiliUi bq 9 g III I sill Iiippz.._ c -- . . ....... JJ -.j F - Si owl ANM tl 02 n N> V.1. Bcach Gadca' r Christ fellowship & Associates. PA kdAt. - PI.— 6..th camp"" .(.n 1— NORTNLAKE BLVD. cl) U1, — — — — — — — — — — — ------------ 1: --- --- ----- --------------- -- R-74 k! CANAL I I k 1 1-1 1 1 Christ lcfo 8 h p As �o.tes. P.A. Z5p� s�i p- NORTHLAKE BLVD. kF ---- - ------ CANAL — -- — -- — -- — -- I ki? dijl3 '1111, Islip 1,1 ED It B 0 000 ov Christ Fellowship 1 k Associates , P.A. i PPai/ LT. E>"TM iL RIGHT- O , - IF u. T jl l+ Q EXIBTtrYs F I I t=• FENCE M T TO BE PArED of� r II PROFIDGM I a_ur,wATEP GKN Q ,\ NEW 20• NIGH CC LK+HT POLE ANC A \ I II i JIIi l ql • IIPPxd LT. .EXM PAVED C 'I TYPICAL I- m 'I 1(1111I 01 PPLV LT.,I I OO r/ RESOLUTION 120, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A CONTRACT FOR ENGINEERING SERVICES WITH THE FIRM OF LINDAHL, BROWNING, FERRARI AND HELLSTROM, INC., FOR THE FISCAL YEAR 1999/2000; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to employ an engineering firm to provide engineering services; and WHEREAS, the City Manager, at the direction of the City Council, has negotiated a contract for the services of Lennart Lindahl, p.E., of the firm of Lindahl, Browning, Ferrari and Hellstrom, to be the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a contract for engineering services with the firm of LINDAHL, BROWNING, FERRARI AND HELLSTROM, INC., a copy of which is attached hereto and made a part hereof, for the Fiscal Year 1999/2000. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the contract on behalf of the City. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF OCTOBER, 1999. MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK Approved as to Form and Legal Sufficiency. City Attorney Resolution , 1999 Page 2 of 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AGREEMENT FOR PROFESSIONAL ENGINEERING AND SURVEYING SERVICES BETWEEN THE CITY OF PALM BEACH GARDENS AND LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. THIS AGREEMENT is made this , 1999, between the City of Palm Beach Gardens, Florida (hereinafter called the CITY) AND Lindahl, Browning, Ferrari and Hellstrom, Inc., (LBFH) (hereinafter called the ENGINEER), a corporation licensed by the Department of Business and Professional Regulations to practice professional engineering in the State of Florida. SECTION 1 - SCOPE A. ENGINEER shall perform professional engineering services and render consultation to the CITY consistent with the CITY's Mission Statement, Goals and Objectives for the Engineering Department (a copy of which is attached hereto and incorporated herein). B. ENGINEER shall make its services available to the CITY in a manner satisfactory to the City Manager and City Council including in -house hours agreed upon between the City Manager and the ENGINEER. C. ENGINEER will represent the CITY in engineering matters, as directed by the City Manager. D. ENGINEER shall attend regular, special or workshop meetings of the City Council and meetings of the CITY Advisory Boards as directed by the City Manager. E. ENGINEER shall make such technical investigations as the City Manager deems necessary and submit its findings and recommendations to the City Manager. F. ENGINEER shall, as requested by the City Manager, review all land development applications submitted to the CITY for compliance and consistency with applicable codes and make such recommendations as are necessary regarding engineering, surveying and other technical matters. G. ENGINEER shall, as directed by the City Manager, review the construction of capital improvements and site improvements by persons or entities other than the CITY. H. ENGINEER shall perform professional engineering services for design, preparation of construction plans and specifications, permitting, bidding and services during construction for capital improvements undertaken by the CITY. I. ENGINEER shall assist CITY in dealing with issues of regulatory /permitting compliance, including ocurrences of hazardous waste and pollution of natural resources within the CITY's jurisdiction. J. ENGINEER shall provide support services to the CITY for surveying and mapping, including Geographic Information Systems (GIS). SECTION 2 - TERM; TERMINATION This Agreement shall become effective on the date of execution of this Agreement and continue through September 30, 2000; provided, however, that either party may terminate this Agreement at any time, with or without cause, upon sixty (60) days advance written notice to the other party. ENGINEER shall be paid for performance of services rendered to the CITY in accordance with this AGREEMENT through. the date of termination. SECTION 3 - COMPENSATION A. CITY shall pay ENGINEER for services rendered under this contract on an hourly basis at a rate not to exceed $130.00 per hour. B. CITY shall compensate ENGINEER for reimbursable expenses including but not limited to printing, photocopies, long distance and cellular telephone calls, facsimile, blueprints, computer utilization, courier services, out of County travel, and outside contractual services. C. ENGINEER shall submit invoices to CITY on a monthly basis and CITY shall pay ENGINEER monthly. SECTION 4 - GENERAL CONSIDERATIONS A. At the request of the CITY, ENGINEER shall supply copies of ENGINEER's original documents prepared pursuant to this Agreement. B. ENGINEER cannot and does not guarantee that proposals, bids, or actual project costs will not vary from ENGINEER's judgement and opinion of possible costs. C. For the term of this agreement, ENGINEER shall carry Professional Liability Insurance in the amount of One Million Dollars ($1,000,000.00). Evidence of said insurance shall be supplied to the City. SECTION 5 -IN -HOUSE SUPPORT A. Engineer shall work with the City Council, City Manager and Growth Management Director at formulating and implementing a plan to provide "in- house" engineering the 2 Growth Management Department. However, the ENGINEER shall continue to provide oversight and support to the in -house engineer and the Growth Management Department. B. Effective immediately, and until such time as services are no longer necessary, ENGINEER shall provide at a minimum, one (1) engineering consultant to perform services on -site at the City for a minimum of 24 hours /week; with schedules and locations to be agreed to by Growth Management Director. CITY shall provide adequate work facilities to enable the consultant to perform his/her duties. SECTION 6 - AMENDMENTS A. This Agreement shall only be amended in writing upon execution by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. THE CITY OF PALM BEACH GARDENS MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK 3 LINDAHL, BROWNING FERRARI & HELLSTROM, INC. LENNART E. LINDAHL i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 1999 Subject/Agenda Item: Annexation of Military/Northlake Enclave - Resolution 136 , 1999 - Interlocal Agreement Recommendation /Motion: Staff recommends approval of Resolution 136, 1999. Reviewed by:. a �Q��` Originating Dept.: Costs: $ 0 Total Council Action: City Attorney Planning & Zoning [ ] Approved Division ACM $ 0 [ ] Approved w /conditions Other N/A Current FY [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Not Required [ ] Other N/A resolution with agreement photographs Submitted by: windshield survey tax comparison Growth g . ire c or Affected parties [x ] Notified Budget Acct. #: [ ] None Approved by: Property Owners City Manager I [ ] Not required BACKGROUND: During the review of the Northmil Plaza site plan in June, the Council directed staff to evaluate the county pockets at the intersection of Northlake Boulevard and Military Trail for annexation. Since that time, staff has been assessing the eligibility of the areas for involuntary annexation via interlocal agreement with Palm Beach County, working with Palm Beach County on a draft interlocal agreement, obtaining zoning and site plan approval records from the County, and assessing code violations or non - conformities and determining a course of action for bringing violations /non - conformities into compliance, where appropriate. Annexation Florida Statute 171.046 provides that developed enclaves of 10 acres or less may be annexed by entering into an interlocal agreement with the applicable county. An enclave by statutory definition is any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality. The subject area has been determined by staff to constitute a legitimate enclave because it is bounded on all four sides by our municipal jurisdiction. Further, the area is less than 10 acres in size. Therefore, the 'Military /Northlake Enclave' is eligible for annexation via an involuntary process which is accomplished by an interlocal agreement with the County. Palm Beach County and Jupiter have recently utilized this process. Their interlocal agreement was used as a model for drafting a ` Interlocal Agreement for Annexation of Enclaves'. Character of Enclave (See Summary Chart, Map and Photos, attached) Western Property: The western property is bounded on the north and west by Sunny Plaza, on the east by Military Trail and on the south by Northlake Boulevard. In this area, Northlake Boulevard is within the municipal limits of Palm Beach Gardens. Sunny Plaza is within the City limits. The western enclave is 0.73 acres in size. It has a county land use designation of Commercial (C), zoning district of Commercial General (CG), and is occupied by a Hess gas station. There are no county zoning /site plan approval records of this site. It is considered.a legal non - conforming use. (By current county codes a Class A conditional use for a convenience store with gas sales would be required.) Blimpies (sandwiches) is co- located in the convenience store. A windshield survey detected the following characteristics or conditions which would be non - conforming with City code provisions: 2 logo pole signs; 2 gas rate pole signs; excessive signs in windows; front 'wall' sign; several neon signs in windows; roof -top equipment is visible; has Blimpies food service (secondary use); insufficient landscaping. Eastern Properties: The eastern area of the enclave is bounded on the north and east by Northmil Plaza, on the west by Military Trail and on the south by Northlake Boulevard (all of which are within the municipal limits of Palm Beach Gardens). The eastern properties total 1.86 acres in size. The area is comprised of four individual (and separately owned) parcels. It has county land use designation of Commercial (C), zoning district of Commercial Neighborhood (CN) or Commercial General (CG), and is occupied by a commercial plaza which contains Stop 'n Save convenience store, Sitting Pretty Photo Studio, Pizza Man, Main Line Lounge and Rumors private club; a building containing Gibson MarketlPapa John's pizza; a showroom /business office for North County Plumbing; and Amoco gas station. County zoning /site plan approval records are only available for the North County Plumbing and commercial plaza parcels. The Amoco station is considered a legal nonconforming use which would under today's code require rezoning to CG and conditional use (Class A) approval. The other uses are allowed by the zoning district. A windshield survey detected the following characteristics or conditions which would be non - conforming with City code provisions: pole signs; neon signs; too many window signs; excessive wall /canopy signs; chalkboard menu sign; outside table impeding sidewalk; hours of operation /alcohol sale; plywood in window; overgrown weeds; unscreened dumpsters; potholes in drive; discarded furniture /junk/trash; pallets in rear; roof -top equipment is unscreened; fence in need of repair; deficient landscaping. Code Violations / Development Order Compliance Assistance has been requested from Palm Beach County to enforce county codes and active development order provisions prior to annexation. We have been informed that they will be undertaking more active code enforcement action in the area to try to correct current violations and will monitor conditions of approval for compliance. Infrastructure /Service Provision City Engineer, Len Lindahl, reports that all the basic infrastructure (drainage, water /sewer, roadways, solid waste) is in place to serve the enclave. Since the enclave is non- residential in character, no additional impact to parks and recreation levels of service (no new population to serve) will be created by the annexation. The fire rescue department finds that service delivery will not be problematic, however, structures /uses will need to be improved to comply with the City's fire code standards (sprinkler system, access to buildings, etc.). With the exception of the private club', the police department has no reports of criminal activity (from the Sheriff's Office) in the enclaves. Notification of Property Owners At the beginning of August, each of the five property owners were contacted by certified mail of the potential annexation. All five property owners, or their agents, have responded by telephone to the Growth Management Department. Based upon the questions that were received during these conversations, staff prepared a tax comparison summary which was mailed to the property owners along with the summary of nonconforming conditions that were detected during the windshield survey. This mailing was distributed at the end of August. This same week, a letter was sent to three of the five property owners asking whether they had county zoning /site plan approval information in their personal files because none could be found in the county archives. All five property owners have been notified of this City Council meeting via certified mail. Additionally, all tenants /business owners affected by the annexation have been notified of the potential annexation. Tax Base Staff prepared tax comparison information for the property owners (attached), which shows that when non -ad valorem taxes and fees are considered, most (4 out of 5) of the property owners will realize a cost - savings by being within the City of Palm Beach Gardens. The property values in the enclave range from $144,000 to $580,000. Annexation Process A notice was sent to each property owner via certified mail announcing City Council consideration of the annexation (interlocal agreement) on November 4`h. A resolution, authorizing the execution of the interlocal agreement, has been prepared for Council consideration. If approved, the Board of County Commissioners will consider /execute the interlocal agreement at a December meeting. It is desirable for the annexation to become effective prior to January 1St so that the City will realize tax revenues next year. If the annexation occurs after January 1St, ad valorem taxes from the subject properties will not come to the City until 2001. City Action Upon Annexation After the annexation, staff will initiate a small -scale land use amendment and rezoning to incorporate the parcels into the City's comprehensive plan and apply City zoning districts. City Code Enforcement will initiate action to bring nuisances into compliance with City codes. Consistent with code criteria, amortization periods will be initiated and notices will be forwarded to the property owners regarding these provisions and the compliance activity that must occur: non - conforming signs 6 years after incorporated into the comprehensive plan landscaping 2 years The tenants /business owners will be given a 30 -day grace period during which time a City occupational license must be obtained. Notices have already been hand delivered to each business. 1. Rumors (private after -hours club). As a result of the Police Department's proactive initiatives undertaken as a result of numerous complaints from City residents, the Sheriff's Office (with the assistance of PBG PD) took action to close the problematic club for illegally operating without a business license nor an alcohol license. October 18, 1999 RESOLUTION 136, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY. FOR ANNEXATION OF AN ENCLAVE GENERALLY LOCATED NORTH OF NORTHLAKE BOULEVARD AT MILITARY TRAIL;. AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to annex an enclave located at Military Trail and Northlake Boulevard; and WHEREAS, Section 171.046, Florida Statutes, provides for the annexation of enclaves into a municipality pursuant to an Interlocal Agreement between the municipality and the County having jurisdiction over such enclaves; and WHEREAS, the subject properties are within the City's future annexation area and the City and the County have determined that annexation is appropriate; and WHEREAS, annexation of this certain enclave will promote efficient provision of governmental services; and WHEREAS, said enclave meets the criteria of Chapter 171.046, Florida Statutes, and has been determined to be eligible for annexation via interlocal agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: F SECTIO 1: The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Interlocal Agreement, attached as Exhibit "A," that provides for annexation of the enclave located on the north side of Northlake Boulevard at Military Trail. SE Tom: Upon execution of the Interlocal Agreement, the City Clerk is hereby directed and authorized to transmit sufficient copies of same to the appropriate officials of Palm Beach County for Palm Beach County's consideration and execution. SECTION 3. This Resolution shall be effective upon adoption, INTRODUCED, PASSED AND ADOPTED THIS DAY OF 1999. JOSEPH R. RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS ',,U FORM AND LEGAL SUFFICI NCY j CITY ATTORNEY VOTE: AYL hM ABA MAYOR RUSSO VICE -MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO RESOLUTION 136, 1999 PAGE 2 10/13 '99 16:02 IDUTTERSON HYL.A D & KL.ETT FAX :561- 627 -5600 1NTERLOCAL AGREEMENT FOR ANNEXATION OF ENCLAVES PAGE 2 This lnterlocal Agreement is made this day of ._ , in flu; year of between the CiTY OF PALM 1313ACII GARDENS, a municipality located in Palm Beach County, Florida, hcreitiaftcr rctorrod to as "CITY" and f alm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," each one constituting a. public agency as defined in Part 1 of Chapter 163. hla. Stat. WHEREAS, Section 163.01, Fla. Slat. (1997), known as the "Florida lnterlocal Cooperation Act of 1969" authorizes local governments to snake the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and t'acililies that will harmonize geographic, economic, population and other tractors influencing the needs and development of local communities; and WHEREAS, the "Florida lnterlocal Cooperation Act of 1969" permits public agencies as defined herein to enter into lnterlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and W11KRKA8, Section 171.046, Fla. Slat. provides for annexation of certain enclaves by entering into an lnterlocal Agreement between the municipality and the County having jurisdiction over such enclave; and WHEREAS, Section 171.048, Fla. Slat. limits annexation by lnterlocal Agreement to enclaves of ten (10) acres or less in size; and Page t of 5 1013 199 16 :03 ID:WATTERSON HYLPM & KL.ETT FAX :561- 627 -5600 PAGE 3 WHEREAS, Section 171.031 (13) (a) and (b), defines enclaves as developed or improved property bounded on all sides by a single municipality, or bounded by a single municipality and by a natural or manmade obstacle that allows passage of vehicular traffic to that unincorporated area only through the municipality; and WHEREAS, the County and the City have determined that it is appropriate and will promote efficient provision of governmental services for the City to annex certain enclaves; and WHERFAS, it has been determined by the City and by the County that the parcels to he annexed via this interlocal Agreement meet the requirements set out in Sections 171.031(a) and (b) and 171.046, Fla. Stat., as such enclaves are development or are improved, are ten (10) acres or less in size, and are completely surrounded by the City or are surrounded by the, City and a natural or manmade obstacle that allows passage of vehicular traffic to the enclaves only through the City; and WHEREAS, the enclaves identified for annexation in this Inlenccal Agreement are in the City's future annexation area; and WHEREAS, the County and the City agree that the parcels to he annexed via this Interlocal Agreement are subject to the Land Use Atlas of (lie Palm Beach County Comprehensive Plan and County zoning and subdivision regulations until the City adopts a comprehensive plan amendment to include the parcels to be annexed into the City's comprehensive plan; NOW, TTIEREFORF., in consideration of the mutual representations, teens, and covenants hereinafter set forth, the parties hereby agree as follows, Page 2 of 5 10/13 199 16:03 1D:WATTERSON HYLA D & KLETT FAX:561 -627 -5600 Section 1. Pu=se The purpose of this Agreement is to allow annexation by the City of Palm Beach Gardens of certain unincorporated enclaves which are identified in Composite Exhibit "A" attached hereto and made a part hereof. Section I Annexation The unincorporated enclaves identified in Composite Exhibit "A," which is attached hereto and made a pail hereof, are hereby annexed into and are included in the corporate boundaries of the City of Palm Beach Gardens. Section 3. Effective Date This Agreement shall take effect upon execution by both parties. Upon execution by both parties, a cc)lsy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 5. Notification The City hereby acknowledges that is has provided written notice to all owners of real property located in the enclaves identified in Exhibit "A" whose names and addresses are known by relerence to the latest published ad valorem tax records of the Palm Reach County M-operty Appraiser. The written notice described the purpose of the Interlocal Agreement and stated the date, time, and place of the meeting of the City Council of the City of Palm Beach Gardens where this Inlerloeal Agreement shall be considered for adoption. The written notice also indicated the name and telephone number of a halm Beach County staff person to contact regarding the date, time and Page 3 of 5 4 10/13 '99 16:04 I D : WATTERS(1 HYLAND & KLETT FAX : 561 -62? -5600 PAGE 5 place when the Palm Beach County Board of County Commissioners shall consider the adoption of this Interlocal Agreement. Section 6. Cas)tions The captions and section designations herein set forth are 1'or convenience only and shall have no substantive meaning;. Section 7. Scverability in the event that any section, paragraph, sentence, clause, or provision henex)('should be held by a court of competent jurisdiction to he invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section S. Entiretv of Agreement This Agn i-nunt represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (SIGNATURES FOLLOW) Page 4 of 5 10/13 '99 16:04 ID:WATTERSON HYLAND & KL.ETT FAX:561- 627 -5600 PAGE 6 ATTEST: Fay: .... Deputy Clerk- (SEAL) WITNESSES: (Print Name) (Print Name) PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Chair Approved as to Form and Legal Sufficiency CITY OF PALM BEACH GARDENS ATTEST: Mayor City Clerk (SEAL.) Approved as to Form and Legal Sufficiency WITNESSES: -- City Attorney (Print Name) -- r:1CI \N ISTORY11090112G•Ucx:(319.059) Page 5 of 5 EXHIBIT 'A' LEGAL DESCRIPTION OF ENCLAVE Property #1: PCN: 00- 42- 42- 13 -00- 000 -5020 13- 42 -42, N 150 FT OF S 350 FT OF E 300 FT OF W 350 FT OF SE 1/4 (LESS W 3 FT RD R/VV) + 0.85 acres Property #2: PCN: 00- 42- 42- 13 -00- 000 -5021 13- 42 -42, E 75 FT OF W 275 FT OF SE 1/4 + 0.25 acres Property #3: PCN: 00- 42- 42- 13 -00- 000 -5022 13- 42-42, N OF 150 FT OF S 200 FT OF E 75 FT OF W 350 FT OF SE 1/4 + 0.25 acres Property #4: PCN: 00- 42- 42- 13 -00- 000 -5030 13- 42 -42, N 150 FT OF S 200 FT OF E 150 FT OF W 200 FT OF SE 1/4 (LESS W 3 FT & TRGLER) + 0.51 acres Property #5: PCN: 00- 42- 42- 13 -00- 000 -7161 13- 42-42, NLY 185.01 FT OF S 235 FT OF W 183 FT OF E 250 FT OF SE 1/4 OF SW 1/4 (LESS E 9 FT) + 0.73 acres EXHIBIT'A' continued Location Map Military/Northlake Enclave F ` i s.x � 3 ( tb It. 6 �4. 4 -. -! �.. # ty'�yr�'i'dT � S .t r E � � ,� •O 3Y . �� r ,.pp�..4�t -•� N7 - �� ' �� ' ��'3f q. I # tai � @: is �E ,\ � � ? •, � � .� k� ' "' '�,R17Z Iy�V. r •!'.�� C` 1:� wr d r Via hi s::t i r F .z LR" <dM .'TT•'., :.. "e^.Wf t - 1 _ F .1 .. 00 ?k ix>.�y �;,.�,x �jLr3'�` .����la•.�4,y. '��� � � t 'k 1` u'..t y f r � Hess Station N.W. corner Military Trail & Northlake looking west � � - 1 �r ' � � ... ,c. DEG .s�y., . ':.i� p�. � =jam ��.,w.�.������ /"^' 1�� � �' ?q. s Q "'�' • s � 1 •' 1 R "!�i. � ! :t! .: .' ,. s" f.5�'.. _.�L -. r ._., ,.I ..� ray �;. �.� � } - _. ` �,. ' �+w r 4- ::. � y -f 1 � - 1Y ^ .1' 1 �� t N �' w ., "YOiViY� R ` !. �� 1 �1i � I1 5 ��}r�3,� '.r,� °d ,'x- � aJm•.:YZ C a�,i��y��?�t.{ ,�'�� .��Y�'i- � �{ 4 ! �- � G f. Y -9 ° "�' =,�:.e 47- 13 i ,��.ai+xsiili! 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J F 1 { t 7 � LS 4 ., �. 50� �� C 4b 4s 44 4� 42 .� .< <� x 0 AI � i 8 ELL �•`IA/O.D( N �3 � • \j 4 M12 sr S : - = 5 t it CS — 3 1 W_ `- SAN _.-.._ 20 70 T ISM AR84 - 20 c 01 19 Q 27, i?/ g ,a7 A C `OIL OO 720 �2 ,Z le) l6 , id7l •o put2 15 =14 13 l2 11 10 • S, E _ c7 10.00 AC. _ •57.41 . $ 17/5. 7 67 - ® 5/0 JAO 2.69AC; L S - r ` ?16 502 T IL • 714-4 2 2. ,i It ee inn 1 1,1 NORTHLAKE 13L - ? i ° c>a G W 0 0 O U C O Ci cVi a a 5 O ' 1 7a 0 ti C v , 'p � 11 U II II II q v� a cn z Q � o O M M M tf'i' M M O 00 O O W 00 U �ocirn �octi°O Ot` y M 7 N M V• � � M� 'b O O 00 O O N oo O � •� 00 c o a > C to El 0 o a o o ° 3 w w as 0 En CA to a� C to ., N +° U cn � y '0 •0 0 0 0 3 nn o >'o b o o .c o o o 00o ° 3 C A, on b ° 0 En 0 .d cn �, b A b .�TS o 3 C °moo Z t j o 000.3 ' y x a a° o cl cn to o W o C � C w .o a bD p $ a o W a c14 Ucn C.4a tovsfs.'�, o.00G W a? .5: C U O Q � to N U x a C N U U ° U U a V U cV c0 00 � O 0 N b c� a N N �Ia U U U U U U U U U cC cC c�Y N N � N iO i0 O tn N U vi W C7 U U[ U U y� U V o' o o o o' U O G CIS Q t5 C'3 Q I� _ Q T Qj N II cd�U I c0 II N O CL a 0 'b � El C q N b o en 'y o .`2 ap� o ,� a v�az0 Z vzZ l M " �O (7, � ON N 'ct � M N M p U \.octio -"t- r-- ' .-•1 O 0 O O 00 O DO O 00 i ti bA G n O 0 fn O bA U b C >~ O � N N q :83 U f , G .0 . + Oz cd of 'b 0 b Go b a. o .b v) O > --' -0 H5 w to 4.- O � o to � 3 F� bo 42 :n •�, u � a � In p O q O pOp G3. id GL c• CL G h Q S~ cd W 0, 0 a o o a o Zt� (L) 2 (z1 CIO. C C U G 0. U ° U .n C7 a Z Q 0 N b c� a N N �Ia U U U U U U U U U cC cC c�Y N N � N iO i0 O tn N U vi W C7 COMPARISON OF TAXES AND FEES PALM BEACH COUNTY VS. PALM BEACH GARDENS 1998 I. Taxes Comparative ad valorem millage rates applied to property within the City of Palm Beach Gardens versus unincorporated Palm Beach County are as follows: 1998 -99 1998 -99 Palm Beach County Palm Beach Gardens General (County) 4.60 Library 0.5246 Fire Rescue (MSTU 2) 2.7819 Municipal (P.B.G.) 0 Other Taxes 12.1745 20.081 4.60 0.5246 0 4.0659 12.1745 21.365 Other taxes shown above are the same whether you are in Palm Beach Gardens or unincorporated Palm Beach County. These other taxes include Public Schools (State and Local), Childrens Services, Florida Inland Navigational District and School Debt. II. Fees In addition to ad valorem taxes, unincorporated Palm Beach County property owners presently pay a separate trash/garbage and recycling collection fee. The fee charged by the County is currently $83.00 annually. The fee for trash/garbage and recycling collection in Palm Beach Gardens is included in the City's ad valorem taxes. Both City and County residents pay $108 annually for solid waste disposal. III. Other Taxes Property owners of unincorporated Palm Beach County also pay a 10% utility tax and a 7% telecommunications tax that are not levied by the City of Palm Beach Gardens. IV. EXAMPLE OF AD VALOREM TAXES AND OTHER FEES FOR 1998 A general analysis has been provided which compare property taxes for typical commercial properties in unincorporated Palm Beach County versus Palm Beach Gardens. The scenarios also include non -ad valorem taxes, utility taxes and telecommunications taxes. Utility and telecommunications taxes in the scenarios are based upon a monthly electric bill of $375 and a monthly telephone bill of $250. Scenario 1 includes the following assumptions: Assessed Valuation of Property: $ 557,560. 1998 1998 Palm Beach County Beach Gardens Ad Valorem Taxes ($557,560 assessed value) $11,196 $11,912 Garbage/Recycling 191 108 (non -ad valorem tax) Utility Taxes 450 0 Telecommunications Taxes 210 0 total $12,047 $12,020 Scenario 2 includes the following assumptions: Assessed Valuation of Property: $216,801. 1998 1998 Palm Beach County Beach Gardens Ad Valorem Taxes ($216,801 assessed value) $4,354 $4,632 Garbage/Recycling 191 108 (non -ad valorem tax) Utility Taxes Telecommunications Taxes total 450 0 210 0 $5,205 $4,740 Scenario 3 is based on the following assumptions: Assessed Valuation of Property: $144,914 Scenario 4 is based on the following assumptions: Assessed Valuation of Property: $324,642 1998 1998 Palm Beach County_ Palm Beach Gardens Ad Valorem Taxes ($324,642 Valuation) $6,519 $6,936 Garbage/Recycling 191 108 (non -ad valorem tax) Utility Taxes 450 0 Telecommunications Taxes 210 0 total $7,370 $7,044 1998 1998 Palm Beach County_ Palm Beach Gardens Ad Valorem Taxes ($144,914 Valuation) $2,910 $3,096 Garbage/Recycling 191 108 (non -ad valorem tax) Utility Taxes 450 0 Telecommunications Taxes 210 0 total $3,761 $3,204 Scenario 4 is based on the following assumptions: Assessed Valuation of Property: $324,642 1998 1998 Palm Beach County_ Palm Beach Gardens Ad Valorem Taxes ($324,642 Valuation) $6,519 $6,936 Garbage/Recycling 191 108 (non -ad valorem tax) Utility Taxes 450 0 Telecommunications Taxes 210 0 total $7,370 $7,044 Scenario 5 is based on the following assumptions: Assessed Valuation of Property: $581,211 1998 1998 Palm Beach County Palm Beach Gardens Ad Valorem Taxes ($581,211 Valuation) $11,671 $12,418 Garbage /Recycling 191 108 (non -ad valorem tax) Utility Taxes 450 0 Telecommunications Taxes 210 0 total $12,522 $12,526 TOTAL TAXES The actual comparison of property taxes for you will depend on the taxable value of your property and your electric and telephone usage. r s G s \IORI10% Department of Planning, Zoning and Building Code Enforcement Division 100 Australian Avenue Zest Falin Beach, IM, 33406 (561) 233 -5500 FAX: (561) 233 -5517 ■ Palm Beach County Board of County Commissioners Maude Ford Lee, Chair Warren H. Newell, Vice Chairman Karen T. Marcus Carol. A. Roberts Mary McCarty Burt Aaronson Tony Masilotti County Administrator Robert Weisman, P.E. "An Equal Opportunity Affirmative Action Employer" October 27, 1999 Ms. Kim Glas, Principal Planner 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re- Investigation of parcels in the potential annexation area of Northlake Blvd.. and Military Trail: Dear Ms. Glas: Our investigation of the unincorporated properties at the intersection of Northlake Blvd. and Military Trail is complete. The Code Enforcement Officer checked the permit records for all structures, signs and other improvements to each site. Landscaping was checked to assure compliance with any approved site plans.and currentcode requirements. The following identifies the properties, and the violations noted. 4481 Northlake Blvd. (Amoco) - erection of pole signs and 2 wall signs without proper permits and inspections. 9056 N. Military Trail (strip plaza north of Amoco) - erecting 1 pole sign and 2 walls signs without proper permits and inspections; also display of flags, banners and streamers which is prohibited. This property is currently under Code Enforcement_ Board Order for missing -landscaping. The owner has been ordered to comply by January 3, 2000. 9031 N. Military Trail (Hess) - erected 2 pole signs and 2 wall signs without proper permits and inspections; displaying banners and streamers which is prohibited. 8961 N. Military Trail. (Shell) displaying of banners and snipe signs prohibited. Notices of Violation have been issued to the property owners co r My staff will continue to follow up on: the .violations.-until the pelv.608• annexed into the City. 1999 N91�LAN ING � IQNING i - 2 - If I can be of additional assistance in this matter please let me know. Sincerel Terry Verne Director Code Enfor ement Division TV: sw c: Julius Lawrence, Code Enforcement Officer files f:glas C�v Of P.B.G. NOV � 1999 ptp, & ING ZONING CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date of Meeting: November 4, 1999 Date of Report: October 25, 1999 Appointment of One (1) Member to the Board of Trustees of the City of Palm Beach Gardens General Employees' Pension Fund Subject /Agenda Item Consider a motion to approve Resolution 137, 1999, inserting the name Stephen F. Parella in Section 1. Recommendation/Motion: Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Administration Total City Attorney [ ] Approved Finance $ [ ] Approved w/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ 1 Continued to: Attachments: Other Date: [ ] Operating Resolution 137, 1999 [ ] Other Paper: [ X ] Not Required Submitted by: d Asst A to the Affected parties [ ] Notified Budget Acct. #:: [ )None Approved by: City Manager [ X] Not required BACKGROUND: One member's term has expired on the Board of Trustees General Pension Trust Fund. Board member, Stephen F. Parella, is a Council appointee. Mr. Parella was originally appointed to the Board in November 1996. Mr. Parella would like to continue to serve on the Board as the Council's appointee. Staff recommends that the City Council reappoint Stephen F. Parella to the Board of Trustees General Pension Trust Fund, which term of office shall expire on November 7, 2002. October 25, 1999 RESOLUTION 137, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF PALM BEACH GARDENS GENERAL EMPLOYEES' PENSION PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3 -128 of the Palm Beach Gardens Code of Ordinances provides for the appointment of members to the City of Palm Beach Gardens Board of Trustees General Employees' Pension Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Pursuant to Section 3 -128 of the Palm Beach Gardens Code of Ordinances, is hereby appointed as a member of the City of Palm Beach Gardens General Employees' Pension Plan for three (3) years, which term of office shall expire on November 7, 2002. Section 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER 1999. JOSEPH R. RUSSO, MAYOR ATTEST: APPROVED AS TO FORM AND LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared:—October 28, 1999 Meeting Date: November 4, 1999 SubjectlAgenda Item: Resolution 139, 1999 authorizing Mayor to sign Interlocal Agreement with Palm Beach County regarding the management of the Hungryland Slough tract of the Bee Line Corridor Natural Area property Recommendation/Motion: Consider a motion to approve (Resolution 139, 1999. Reviewed by: Wt`A Originating Dept: Parks Costs: $_n/a Council Action: and Recreation Total City Attorney Approved Finance $ n/a [ ] Approved Wic,daion5 Current FY ACM Q=0 [ 1 Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper. [ ] Other I. Memo from Parks and Recreation Director. 2. Copy of Interiocal agreement with Palm [ X ] Not Required Beach County. Submitted by: Sue Miller, ?" Departmen Director Affected parties { ] Notified Budget Acct #:: N/a ( ] None Approved by: City Manager ( ] Not required BACKGROUND: On March 12, 1991, voters approved a $100 million bond referendum for the acquisition of environmentally sensitive lands, which includes the property known as the Hungryland Slough. In order for the County to receive matching funds from the Florida Communities Trust (FCT) to purchase this land, an agreement between the City and the County outlining the management of this property is needed. The attached agreement defines those responsibilities. A similar agreement was signed in November of 1997 by the City and County with respect to the management of the Frenchman's Forest property. This agreement has been reviewed and approved by Former City Attorney, Carole Post. MEMO PARKS AND RECREATION TO: Carole Post, Interim City Manager FROM: Sue Miller, Director, Parks & Recreation DATE: October 29, 1999 RE: Interlocal agreement for Hungryland Slough DISCUSSION: This agreement sets forth the relationship between the City and the County in detailing the fiscal and management responsibilities and obligations incurred by both parties, in preserving the biological communities on the 730.3 acre site of the Hungryland Slough tract. The tract shall be managed only for the conservation, protection and enhancement of natural and historical resources, and for passive, natural resource -based public outdoor recreation that is compatible with the conservation, protection and enhancement of the tract. The County's primary responsibilities in the agreement can be summarized as follows: 1. The County agrees to comply with all requirements of FCT for provision to the County of the State's share of fifty percent (50 %) of the acquisition costs. 2. The title to the tract will be held by the County. 3. The County agrees to erect a sign identifying the tract as being open to the public, as having been purchased with funds from the State and the County, and as being managed by the County, with cooperation from the City of Palm Beach Gardens. 4. The County agrees to plan and pay for physical improvements to the site that would encourage public use of the site as a nature preserve. 5. The County agrees to secure the tract with fencing, gates and signage to discourage unauthorized activities. The County agrees to be responsible for the upkeep of these fences, ,gaws and signs. 6. The County shall develop a management plan and a controlled burn plan for the tract, in consultation with the City of Palm Beach Gardens. 7. The management plan will contain a mechanism for the City and County to determine jointly the future of the nature preserve, should any unforeseen event or activity, severely limit or eliminate the natural values as presently on the property. The City's primary responsibilities as indicated in the agreement can be summarized as follows: 1. City agrees to assume primary responsibility for public safety and law enforcement of the Natural area. 2. The City will provide for daily opening and closing of public access gates and pick up garbage on a weekly basis (Parks staff will complete these tasks on a daily basis, at no additional cost to the parks and recreation budget). 3. During annual volunteer activities, the City agrees to assist the County in the long -term management of the site, including removal of exotic vegetation, removal of trash and debris collected and periodic prescribed burns. The Fire Department will assist by making limited staff and equipment available during the burns. 3. The City agrees to review the proposed management plan and to provide comments to the County on that document. The City also agrees to waive any municipal fees, assessments or permits applicable to the tract due to the construction, or use or maintenance of public facilities. Additionally, both parties agree to review their respective zoning ordinances and comprehensive plans and to take steps to designate the tract appropriately in the future, given its intended use as a natural area. RECOMMENDATION: Staff recommends approval of Resolution 139, 1999, describing the Interlocal Agreement between the City of Palm Beach Gardens and Palm Beach County, for the management of the Hungryland Slough tract. ' . WIPPIRIM. /M MIM . .......... . U`111' I .......... - - - - - - - - - - - - - I M RESOLUTION 139, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE COUNTY OF PALM BEACH FOR MANAGEMENT OF THE HUNGRYLAND SLOUGH TRACT; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 12, 1991, the voters of Palm Beach County approved a $100 million bond referendum for the acquisition of environmentally sensitive lands; WHEREAS, the Hungryland Slough tract (a portion of the historic Loxahatchee Slough) in the City of Palm Beach Gardens was designated as one of the high - priority sites to be acquired with funds from this bond referendum; WHEREAS, both the City and the County have deemed that it is in the best interest of the residents and citizens of Palm Beach County and the City of Palm Beach Gardens to acquire the Hundryland Slough tract, in order to preserve the site and its associated biological communities in their natural state for future generations as examples of intact native Florida ecosystems; WHEREAS, the Board of County Commissioners has submitted a grant application to the Florida Communities Trust (FCT) for state matching funds to acquire the Hungryland Slough tract; WHEREAS, the County, as the FCT Recipient, has signed a Conceptual Approval Agreement with FCT for the receipt of these funds; WHEREAS, the City and the County wish to establish management responsibilities for the Hungryland Slough tract; WHEREAS, the execution of this Agreement is in the best interest of both governmental units and the residents and citizens of same; and WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) allows governmental units to enter into intergovernmental agreements to make the most efficient use of their powers by enabling them to cooperate with each other on a basis of mutual advantage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens hereby approves an Interlocal Agreement between the City and the County of Palm Beach detailing management of the "Hungryland Slough tract of the Bee Line Corridor Natural Area ", as attached hereto and incorporated herein. SECTION 2. The City Council further authorizes and directs the Mayor of the City of Palm Beach Gardens and the City Clerk execute said Agreement. SECTION 3. This Resolution shall be effective upon approval. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER, 1999. MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK Approved as to Form and Legal Sufficiency. VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO City Attorney AYE NAY ABSENT INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into on this day of , 1999, by and between the City of Palm Beach Gardens, a Florida municipal corporation, (the "City"), and Palm Beach County, Florida, a political subdivision of the State of Florida, (the "County"). WITNESSETH: WHEREAS, on March 12, 1991, the voters of Palm Beach County approved a $100 million bond referendum for the acquisition of environmentally sensitive lands; and WHEREAS, the Hungryland Slough tract (a portion of the historic Loxahatchee Slough) in the City of Palm Beach Gardens was designated as one of the high -priority sites to be acquired with funds from this bond referendum; and WHEREAS, both the City and the County have deemed that it is in the best interest of the residents and citizens of Palm Beach County and the City of Palm Beach Gardens to acquire the Hungryland Slough tract, in order to preserve the site and its associated biological communities in their natural state for future generations as examples of intact native Florida ecosystems; and WHEREAS, the Board of County Commissioners has submitted a grant application to the Florida Communities Trust (FCT) for state matching funds to acquire the Hungryland Slough tract; and WHEREAS, the County, as the FCT Recipient, has signed a Conceptual Approval Agreement with FCT for the receipt of these funds; and WHEREAS, the City and the County wish to establish management responsibilities for the Hungryland Slough tract; and WHEREAS, the execution of this agreement is in the best interest of both governmental units and the residents and citizens of same; and WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.0 1, Florida Statutes) allows governmental units to enter into intergovernmental agreements to make the most efficient use of their powers by enabling them to cooperate with each other on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants, agreements and restrictions set forth herein, the parties to this agreement agree as follows: ARTICLE I - IN GENERAL 1. The County and City agree that the County has acquired and will manage, in cooperation with the City, certain real property located within the corporate limits of the City of Palm Beach Gardens, Florida, known as the "Hungryland Slough tract of the Bee Line Corridor Natural Area ", which real property is more particularly described in Exhibit A attached hereto and made a part hereof (the "Hungryland Slough tract "). 2. The County and City agree that the County has acquired the Hungryland Slough tract and numerous smaller tracts in Unit 11, and that these properties are now known collectively as the Bee Line Corridor Natural Area (the "Natural Area "). 3. The County and City acknowledge that the County is pursuing the acquisition of additional tracts of land south of the Bee Line Highway in order to provide a wildlife corridor which, when completed, will connect the J. W. Corbett Wildlife Management Area and the West Palm Beach Water Catchment Area, and that any of these lands, or portions of these lands, acquired by the County will be added to the Bee Line Corridor Natural Area. 4. The City and County agree that, in the event that additional properties within the corporate limits of the City are purchased or leased by the County for inclusion in the Bee Line Corridor Natural Area, all provisions of this Interlocal Agreement pertaining to the Hungryland Slough tract shall also apply to those properties. 5. The management of the Hungryland Slough tract by the County, with assistance from the City, shall preserve the biological communities on the Hungryland Slough tract in their natural states as examples of high quality wetland and pine flatwood ecosystems in Palm Beach County. It is the intent of the parties that the Hungryland Slough tract shall be managed solely as a nature preserve, to provide certain scientific and educational benefits, and to provide passive recreational opportunities for residents and citizens of the City and the County. The Hungryland Slough tract shall be kept in its natural state, such that present and future generations will be able to experience the natural values currently exhibited on the property, acts of God or other events beyond the control of the City and the County notwithstanding. 6. The parties hereto agree to review their respective zoning ordinances and comprehensive plans and to take steps to designate the Hungryland Slough tract appropriately in the future, given its intended use as a natural area. The future land use designation assigned to the Hungryland Slough tract shall be conservation. If an amendment to the City's or County's comprehensive land use plan or zoning ordinance is required, the amendment shall be proposed at the next available comprehensive plan or zoning amendment cycle. In the event that a comprehensive land use plan or zoning ordinance amendment is required of one party, a copy of the approved amendment shall be submitted to the other party within thirty (30) days of the approval of the amendment by the appropriate governing entity. 7. The Hungryland Slough tract shall be managed only for the conservation, protection and enhancement of natural and historical resources, and for passive, natural resource -based public outdoor recreation that is compatible with the conservation, protection and enhancement of the tract. The parties may make and maintain physical improvements to the property, such as fencing, a parking area and hiking trails, only as appropriate for passive resource -based uses and as provided for in an approved natural area management plan. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the Hungryland Slough tract without causing harm to those resources. The County shall include the Hungryland Slough tract in the regional greenway network that extends from the J. W. Corbett Wildlife Management Area to the Loxahatchee Slough Natural Area and the West Palm Beach Water Catchment Area. 8. The Hungryland Slough tract shall be open to the public. The locations of public access points and any restrictions on access will be described in the management plan. 9. The parties shall use their best efforts, through their agents and employees, to prevent the unauthorized use of the Hungryland Slough tract or any use not compatible with the management of the site as a natural area or nature preserve. 10. In the acquisition, management, and maintenance of the subject property, each party shall be liable for its own actions and negligence. 11. The title to the Hungryland Slough tract shall be held by the County. 12. This Interlocal Agreement shall be recorded in the Public Records of Palm Beach County, Florida, in accordance with applicable law. 13. This Interlocal Agreement shall be deemed to be the sole agreement between the parties, and no prior agreements or other writings shall supersede that which is contained in this Interlocal Agreement. 14. For the purposes of this Interlocal Agreement, notices to the other party shall be deemed sufficient when addressed to the following address and deposited in the United States Mail: a. City of Palm Beach Gardens Office of the City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410 -4698 b. Palm Beach County Department of Environmental Resources Management 3323 Belvedere Road, Bldg. 502 West Palm Beach, Florida 33406 -1548 ARTICLE II - JOINT RESPONSIBILITIES 15. The County, in cooperation with the City, shall manage the Hungryland Slough tract for habitat preservation and passive recreation, keeping the property in its natural state except for the maintenance offences, firebreaks, hiking trails and other management activities appropriate for a nature preserve. Management activities will initially consist of removal of trash and invasive vegetation from the site. Long -term management of this site will require controlling invasive vegetation, monitoring listed plant and animal species and prescribed burning. Subject to annual appropriations by the County's Board of County Commissioners and the City of Palm Beach Gardens, personnel time and expertise for ongoing, site - specific management of this site will be provided by both parties. A detailed division of responsibilities for the management of this site will be provided in the management plan. The parties shall apply for any funds available from the State for management purposes, and will minimize management costs through the involvement of volunteers. 16. The parties shall prepare, separately or jointly, brochures and other educational material describing the natural resources, uses, and joint management of the property. Any material prepared by one party shall be submitted to the other party for its prior review and approval. Approval shall not be unreasonably withheld. The cost of any jointly - prepared materials shall be shared equally by the parties. The costs of any material prepared individually shall be solely that party's responsibility. Both parties shall encourage students, residents and visitors to use the Hungryland Slough tract for educational and passive recreational purposes. 17. The Hungryland Slough tract will be identified as being publicly -owned and operated as a passive, natural resource -based public outdoor recreational site in all signs, literature and advertising. ARTICLE III - RESPONSIBILITIES OF THE COUNTY 18. The County agrees to comply with all requirements of FCT for provision to the County of the State's share of fifty percent (50 1/o) of the acquisition costs. 19. The County agrees to erect a sign or monument identifying the Hungryland Slough tract as being open to the public, as having been purchased with funds from the State and the County, and as being managed by the County, with the cooperation of the City. 20. The County agrees to plan and pay for physical improvements to the site that would encourage public use of the site as a nature preserve. These improvements would be subject to approval by FCT and budget approval by the Board of County Commissioners. These facilities may include, but not be limited to, hiking and interpretive trails, an educational display (kiosk) and parking facilities. The County shall use its best effort to plan and construct these facilities, taking into consideration primarily the sensitivity and needs ofthe biological communities and secondarily the intended research, educational and recreational uses of the property. The County shall be responsible for the upkeep of all trails, kiosks and parking areas (if any) constructed on the property. 21. The County agrees to secure the Hungryland Slough tract with fencing, gates and signage to discourage unauthorized activities, such as the dumping of trash and off -road vehicle usage, while permitting public access to the tract for passive recreational activities, environmental education and scientific research. The County shall be responsible for the upkeep of these fences, gates and signs. 22. The County shall develop a management plan and a controlled bum plan for the Hungryland Slough tract, in consultation with the City. The management plan will be subject to approval by FCT and the Board of County Commissioners. 23. The management plan will contain a mechanism for the City and the County to determine jointly the future of the nature preserve, should any unforeseen events or activities, either natural or man-made, severely limit or eliminate the natural values presently on the property. 24. Management of all natural areas acquired by the County will be coordinated on a county- wide basis to protect ecosystems and populations of listed species throughout the County. 25. The County agrees to identify a County employee as a contact person to interact with the City in planning for and managing the Hungryland Slough tract. 26. The County agrees to identify a County employee as the public contact person to coordinate group usage and research on the Hungryland Slough tract and to answer public inquiries about the site. ARTICLE IV - RESPONSIBILITIES OF THE CITY 27. The City agrees to assume primary responsibility for public safety and law enforcement at the Hungryland Slough tract. This includes routine police patrols of the boundaries, to help prevent vandalism, vehicular trespass, dumping, and damage to property and natural resources. 28. The City agrees to provide weekly garbage pick -up (if trash receptacles are placed on the Hungryland Slough tract) and will assume responsibility for the daily opening and closing of any gates providing public access to the Hungryland Slough tract. This responsibility may be delegated to a local resident or stewardship group if approved by both the County and the City. 29. During volunteer activities, the City agrees to assist the County in the long -term management of the site, including removal of exotic vegetation, trash and debris collected. The City also agrees to assist the County with periodic prescribed bums. 30. The City agrees to review the proposed management plan and to provide comments to the County on that document. The City agrees to expeditiously review any engineering design plans which cover the Hungryland Slough tract and require approval by the City. The City further agrees to waive any municipal fees, assessments, or permits applicable to the Hungryland Slough tract due to the construction, use or maintenance of public facilities. 31. The City agrees that in reviewing any proposed changes to, uses of, or activities on, real property immediately adjacent to the Natural Area, it shall consider the protection of the biological communities on the Natural Area and the potential for adverse impacts to the species present. 32. The City agrees to identify a City employee as the contact person to interact with the County in planning for and managing the Hungryland Slough tract. 33. The City will encourage students, residents and visitors to use the site for educational and recreational purposes. (The remainder of this page intentionally left blank) WHEREFORE, the parties hereto have set their hands and seals on the day set forth next to their signatures. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken, Clerk BY: BY: Deputy Clerk Chair DATE: DATE: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Assistant County Attorney DATE: ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA, BY ITS COUNCIL BY: BY: Clerk Mayor DATE: DATE: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: City Attorney DATE: 5 RESOLUTION 143, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE AGREEMENT FOR ENGINEERING SERVICES WITH LINDAHL, BROWNING, FERRARI & HELLSTROM, INC., TO PROVIDE FOR ENGINEERING AND PERMITTING SERVICES FOR THE PROPOSED HOWELL LANE FIRE STATION; AUTHORIZING THE MAYOR TO EXECUTE SAME; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has an existing agree with Lindahl, Browning, Ferrari & Hellstrom, Inc. to provide engineering services (the "Agreement "); and WHEREAS, the City desires to amend the effective date to provide engineering and permitting services for the proposed Howell lane Fire Station. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to the Agreement for engineering services with the firm of LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. to provide engineering and permitting services for the proposed Howell lane Fire Station, a copy of which is attached hereto and made a part hereof. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute the contract on behalf of the City. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS _ DAY OF NOVEMBER, 1999. MAYOR JOSEPH R. RUSSO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK Approved as to Form and Legal Sufficiency. City Attorney Resolution 143, 1999 Page 2 of 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO OCT -29- 1999. 10:09 Lh October 29, 1999 LBF8,H — STUART 561 286 3925 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS Ms. Carol Post. Interim City Manager. City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: City of Palm Beach Gardens Proposed Howell Lane Fire Station File No. 99 -4056 Dear Ms. Post Attached to this letter is a work authorization for Lindahl, Browning, Ferrari & Hellstrom, Inc. to perform Engineering and Permitting Services forthe proposed Howell Lane Fire Station in Palm Beach Gardens, Florida. Please note that the services described in the attached Agreement were thoroughly reviewed with Scott Fetterman and Bobbie Herakovich. We are requesting that the City amend their existing agreement with Lindahl, Browning, Ferrari & Hellstrom, Inc. to include the work described herein. We are pleased to provide you this signed agreement. If you have any questions or require additional information, please do not hesitate to contact us at (561) 219 -2828. Best regards, LINDAHL, BROWNING, FERRARI &\HELLSSTROM, INC. John E. Donahue, P.E. Client Service Manager _ JEDhjd Attachments 3`T50 S.W. CORPORATE PARKWAY • PALM CITY FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 286 -3925 http: /Jwww.lbfh.com • e -mail: infoOlbiFi.COm PALM CITY WEST PALM BEACH FORT PIERC,F OKEECHOBEE CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 1999 Date Prepared: October 21, 1999 Subject/Agenda Item: First Reading of Ordinance 40, 1999, approving City- initiated Petition TXT -99 -09 to amend Chapter 98, Landscaping and Vegetation Protection, in the Code of Ordinances Recommendation /Motion: Staff recommends approval of Ordinance 40, 1999, adopting text amendments to the City's land development regulations for landscaping and vegetation protection Reviewed by n Originating Dept.: Costs: $ Council Action: _ �JC Total City AttorneyC 4u` Planning & Zoning [ ] Approved ACM Other Division /0 Advertised: Date: July 14, 1999, for the Planning & Zoning Commission Current FY Funding Source: [ ] Approved w1conditims [ ] Denied [ ] Continued to: [ ] Operating Attachments: 1. Ordinance [ ]Other 2. List of "Key Person" Interviews Paper: Palm Beach Post Submitted by: [I Not Required Growth Mgt. Director Affected parties Budget Acct. #: Approved by: [ ] Notified [ ] None City Manager [ X ] Not required BACKGROUND: The staff of the Growth Management Department is requesting to amend Chapter 98, Landscaping and Vegetation Protection, in the City's land development regulations. The intent of the amendments is to clarify and strengthen the current regulations, which were adopted 12 years ago in 1987 and with subsequent amendments in 1995. 1 The following is a list of the significant amendments that are proposed: 1. Amend Section 98 -1 to clarify that the purpose and intent of the regulations is to provide standards for installation and maintenance. 2. Amend Section 98 -2 to indicate the penalties for violations, as allowed by state law, and what constitutes a separate violation. 3. Amend Section 98 -5 to enhance the requirements for landscape plans. The locations of proposed and existing easements are now required. 4. Amend Section 98 -6, regarding administrative approvals, to indicate what administrative approvals pertaining to landscaping and vegetation protection City staff may grant. 5. Amend Section 98 -36 to clarify the process for requesting a variance from these regulations. 6. Amend Sections 98 -66 to clarify and strengthen the open space requirements for non- residential projects. 7. Amend Section 98 -67 to clarify the landscape requirements for residential projects, require protection of existing trees, and to require foundation landscaping. 8. Amend Section 98 -68 to add a requirement that a landscape island is required for every nine parking spaces in a row. 9. Amend Section 98 -69 to require a fire safety zone of 30 feet between structures and preserve areas. 10. Amend Sections 98 -71 to clarify that certain prohibited plants shall not be planted anywhere in the City and that certain invasive, non - native plants shall be removed during the development process. 11. Amend Section 98 -72 to: (a) require minimum 20- foot -wide buffers next to rights -of -way that are 100 feet wide or above; (b) require minimum 25- foot -wide buffers next to Interstate 95 and the Florida Turnpike; (c) clarify the portion of a required buffer that may be used for a utility easement; and (d) require foundation landscaping. 12. Add Section 98 -74 to require developers to install landscaping and other improvements in the public right -of -way in conjunction with development of an abutting parcel of land. 13. Amend Section 98 -102 to relocate and clarify the regulations for clearcutting trees in a new Section 98 -107. 2 14. Amend Section 98 -103 to clarify the requirements for tree and plant installation. 15. Amend Sections 98 -104 regarding hatracking of trees and to allow pruning of non - native trees if a City permit is issued. 16. Amend Section 98 -105 to clarify the maintenance requirements for landscaping. 17. Amend Section 98 -137 regarding nonconforming landscaped areas. 18. Delete Section 98 -138, entitled "Minimum Landscape Requirements," as the minimum landscape requirements are established elsewhere in Article III, which is also entitled "Minimum Landscape Requirements." These proposed amendments are based on staff's experience working with the existing regulations and on comments received by the City's consultant, Duncan Associates, who has interviewed representatives of the community and developers regarding the City's land development regulations. A list if the persons interviewed is attached and labeled "KEY PERSON" INTERVIEWS. Comments were also received from landscape architects, developers and the Seacoast Utility Authority. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a workshop discussion on July 13, 1999, and an advertised public hearing on July 27, 1999, and August 10, 1999, regarding these proposed text amendments. Some of the comments included the following: 1. Developers should have flexibility in preparing landscape plans that comply with City regulations. 2. In subsection 98- 72(e), foundation landscaping may not be appropriate everywhere alongside a building. Staff should consider reducing the requirement for foundation landscaping along the full width of the facade to 75 percent, and allow a percentage of the foundation landscaping to be covered by a roof overhang. STAFF ANALYSIS: Staff has added a new Section 98 -7, entitled "Alternative Landscape Improvement Plan." This new section allows applicants to submit an alternative landscape plan that varies from the strict interpretation of these regulations, but which may be determined to be an improvement in proposed landscaping given the individual circumstances for a particular project 3 Subsection 98- 72(e), regarding foundation landscaping, has been revised to require foundation landscaping along the facade of one -story buildings that abut a street or parking area, except where doorways and other building improvements are located. Staff is of the opinion that foundation landscaping should be required next to building facades that abut streets and parking areas, except where a conflict exists with a building improvement. The alternative landscape plan mentioned above or a waiver allowed by a planned unit development could allow lesser foundation landscaping if deemed appropriate by the City Council. RECOMMENDATION: The Planning and Zoning Commission voted 3 -2 on August 10, 1999, to recommend approval of these proposed text amendments. The two dissenting votes indicated that subsection 98 -72(e) should be revised to require less than 100% foundation landscaping next to building facades that abut streets and parking areas, even though this provision does not require foundation landscaping that would conflict with doorways, entryways or other building improvements. The dissenting voters indicated that a 70 -75% requirement for foundation landscaping would be more appropriate. Staff recommends approval of the attached text amendments to the City's land development regulations regarding landscaping and vegetation protection. Attachments (2) G:\Steve\cctxt9909.doc 10/29/99 4 October 22, 1999 ORDINANCE 40, 1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING AMENDMENTS TO CHAPTER 98, LANDCSCAPING AND VEGETATION PROTECTION, IN THE CODE OF ORDINANCES; BY AMENDING: SECTION 98 -1, PURPOSE AND INTENT; SECTION 98 -2, PENALTY; SECTION 98 -4, APPLICATION AND PERMIT REQUIRED; SECTION 98 -5, DEVELOPMENT APPLICATION; SECTION 98 -6, ADMINISTRATIVE APPROVAL; SECTION 98 -7, ALTERNATIVE LANDSCAPE IMPROVEMENT PLAN; SECTION 98 -36, COMMITTEE OF ADJUSTMENTS, SECTION 98 -37, LAND CLEARING PERMIT; SECTION 98 -66, NONRESIDENTIAL DISTRICTS; SECTION 98 -67, RESIDENTIAL DISTRICTS; SECTION 98 -68, PARKING AREAS; SECTION 98 -69, PRESERVE AREAS; SECTION 98 -71, REMOVAL OF PROHIBITED PLANTS; SECTION 98 -72, PLANTING; SECTION 98 -74, LANDSCAPING IN PUBLIC RIGHTS -OF -WAY; SECTION 98 -102, EXEMPTIONS; SECTION 98 -103, TREE AND PLANT INSTALLATION; SECTION 98 -104, PRUNING; SECTION 98 -105, MAINTENANCE; SECTION 98 -107, CLEARCUTTING OF TREES; SECTION 98 -136, VARIANCE PROCEDURE; SECTION 98 -137, NONCONFORMING USES; SECTION 98 -138, MINIMUM LANDSCAPE REQUIREMENTS; PROVDING FOR CODIFICATION; PROVIDING FOR SEVERABILTTY; PROVIDING A CONFLICTS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 166.041, Florida Statutes (F.S.), provides procedures to amend the City's land development regulations; and WHEREAS, legal notice and review procedures were followed in accordance with Section 166.041(3)(a), F.S., which provides procedures for adopting municipal ordinances; and WHEREAS, the Planning and Zoning Commission conducted a public hearing and reviewed the proposed amendments to the City's land development regulations contained in this ordinance and made a recommendation to the City Council; and WHEREAS, the City Council reviewed the request and recommendation of the City staff and the Planning and Zoning Commission at a public hearing conducted in accordance with Section 166.041, F.S. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. In order to improve and enhance the quality of development in the City and to protect and enhance native vegetation in the City, Chapter 98, entitled Landscaping and Vegetation Protection, of the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby amended as follows, where new text is underlined and text to be deleted is struck through: ARTICLE I. IN GENERAL Sec. 98 -1. Purpose and intent. (a) The purpose and intent of this chapter is to protect, preserve, and enhance the natural environment and beauty of the city by creating minimum standards for installing and maintaining landscaping and for vegetation protection. Landscaping that meets these standards will: (1) Improve and sustain the aesthetic appearance of the city. (2) Improve air and water quality by such natural processes as transpiration and the maintenance of permeable land areas for aquifer recharge and surface water filtration. (3) Buffer noise and reduce pollution through the filtering capacity of living trees and vegetation. (4) Promote energy conservation through: a. The creation of shade which reduces heat gain in or on buildings and paved areas; and b. The channeling and control of breezes to facilitate the natural cooling of buildings. (5) Reduce erosion by stabilizing the soil. (6) Provide habitat for urban wildlife and a planned transition of the city's green space and open space to the city's conservation areas. (7) Conserve freshwater resources through the use of drought - tolerant plants and mulch, promoting the planting of less sod and water efficient irrigation systems. (8) Provide a visual buffer between otherwise incompatible types of land uses. (9) Increase the economic value of land by serving as a capital asset when properly incorporated into site design. (10) Provide for the public health, safety and welfare. 2 (b) In order to fulfill these goals, this chapter establishes the following: (1) Procedures to evaluate new landscape plans and existing vegetation protection plans using: a. Minimum standards for new landscape installations; b. Minimum standards for the preservation of existing vegetation; and C. _^_de -il to General standards for landscape maintenance. (2) Procedures for administration and enforcement of these standards. (c) Applicability. The provisions of this chapter shall be considered minimum standards and shall apply to all development in the city. Development is defined in Section 78 -2, and includes mining, excavation or filling, and agriculture. Sec. 98 -2. Penalty. (ol Tha (`nlla FnfnrnPn�nn4 Rnnril hoo inricilirtinn to imr�noa a Tina in the minimum cnm of - -- - - -- --------- -`-- -- --- -- esnn nn nr r Anv —41, nnnh rinxr the zrinlatinn nnnnro rnnctifiitinrT n Vannrnfa nfrAnca nn nnv —renn whn of 4hic nhn—f4 r (a) Enforcement. Violations of this chapter shall be enforced as provided in Section 2 -238 of this code. (b) Failure to comply. Failure to comply with the requirements of this chapter or any permit or approval granted or authorized hereunder shall constitute a violation of this chapter. Each of the following shall constitute a separate violation: 1. Each square yard containing a tree, shrubbery or groundcover which is destroyed, removed, cleared or grubbed without a permit; 2. Each tree, shrub or groundcover which is not properly installed, protected or maintained as required by this chapter or development order; 3. Each tree which is abused or improperly pruned (hat racked), as set forth in this chapter. (c) In addition to any other remedies provided in this chapter, the city shall have the option of pursuing civil actions in a court of competent jurisdiction for violation of any provision of this chapter or any special condition which may be imposed in a permit or other development order. Sec. 98 -3. Approval required. Unless otherwise provided within this chapter, no land shall be landscaped, cleared or grubbed within the city unless written permission is first obtained by site plan approval and a permit as outlined in this chapter. Furthermore, no tree, except as provided for in this chapter, shall be cut down, destroyed, removed, or effectively destroyed as a result of damaging the tree or changing the natural grade within the drip line of a tree, without first obtaining site plan approval and a permit. The city grants permission to remove, add to, relocate, or plant vegetation on land within the limits of the city through a procedure that requires an application and permit as described in section 98 -4. With the exception of sections 98 -33 and 98 -105 property owners of developed single - family lots and duplex lots are exempt from the provisions of this chapter. Approved landscape and tree protection plans may not be altered in any way, unless otherwise provided for by this chapter. Sec. 98 -4. Application and permit required. (a) Any person wh^ .karts applying for a site plan approval and desires requesting to landscape or clear existing vegetation, grub, or remove (destroy) a tree or in any way alter existing plant communities or alter previously - cleared land shall submit a complete development application to the city Growth Management Director or designee. Applications are available at the planning and zoning division department. (b) If a change to an approved landscape plan is needed by the landowner or agent, an amendment to the development application, specifically the landscape plan, shall be filed with the city and approved by the city. (c) Each development application and amendments, including changes to the landscape plan, shall be accompanied by a fee imposed by the City Council. (d) Each permit for the clearing of property shall be accompanied by a fee imposed by the city council. (e) Prior to any application work or permit, the planning and zoning division department or the city forester shall make their services available for review or inspection of the site, provided there is at least seven working days' notice thereof. The intent of the pre - application inspection is to identify specific areas of concern and protection in order to plan for tree protection, relocation, grading, drainage, building location, and road alignment prior to preparation of site plan submission. Sec. 98 -5. Development application. (a) Any person who does not have a site plan or landscape plan approval pursuant to section 4 98 -3 and who desires to clear vegetation, plant vegetation, grub, or remove (destroy) a tree or in any way alter a plant community or previously cleared land shall make a written development application to city mnnager "r his the Growth Management Director or designee. (b) The following actions require approval from the city council or other duly authorized city board or committee and will only be reviewed upon submittal of a development application and other necessary information: (1) Installation of new landscaping, land clearing, site vegetation grubbing, or removal of trees or other vegetation as proposed by either a site plan, PUD, PCD or DRI. (2) Clearing, grubbing, or removing trees or plants for the expansion of a permitted use within a particular land use or zoning district. (3) Making major changes (those changes that have been deemed not minor by the c =*;� manager Growth Management Director) to the landscaping or preserve area within a previously approved site development plan to the extent that plant quantity ^"antic ; °r or design is affected. (4) Changing the landscape area or preserve area of an approved site plan due to restraints, conflicts or conditions put on the applicant or agent by the state department of transportation, a utility company or a governmental agency with multi jurisdictional authority prior to starting work. (c) Evaluation of the development application will be based upon the application package prepared by the property owner or leis designee. A pre- application field inspection by the city forester is available. The application package shall include, but shall not be limited to the following information: (1) The development application, which is available in the planning and zoning division department, and fee, if applicable. The application shall include any requested waiver from this chapter, in writing, with the specific section noted and a justification of the waiver request. (2) Location map, including but not limited to location within the city, the nearest road, and water bodies. (3) Vegetation and habitat map. A drawing to scale or aerial photo 'with- to scale of the site that maps the existing terrestrial and aquatic vegetation and significant wildlife habitat, including exotic invasive species and native plant communities at the same scale as the site plan: a. Within the plant communities, the location of all three -inch caliper trees or greater. b. Location of large groups of trees in close proximity can be designated as clusters within predominant communities if approximate tree count and the largest and average caliper in the cluster is indicated on the map; using plot samples to acquire this information is acceptable. C. A description of each plant community, including species within the canopy, understory and ground cover and a written statement to indicate the proposed removal, relocation or preservation of all or part of such community. d. Soil types and conditions. e. A drawing to scale or aerial photo to scale that maps the species, location or possible location of any federal- or state - listed endangered, threatened or species of special concern (plant or animal), and a written statement to indicate the proposed removal, relocation, or preservation of all or part of the habitat at the same scale as the site plan (see chapter 102 pertaining to natural resources and environmentally significant lands). f. Archaeologically, historically, and /or geologically important features found on site. g. Areas of previous alteration or degradation including present and past human use should be indicated on a map or aerial photo at the same scale as the site plan. h. Surrounding landscaping or plant communities within 50 feet of the property line. i. Protected trees, as designated by the city council, will be located on a survey map signed and sealed by a registered surveyor. This survey will be used in the project design to help protect the trees through the planning stages of development. j. Data table with specific values for acreage of each plant community broken down also by total upland and wetland areas before and after land alteration. (4) Project design plan. a. Site plan showing proposed buildings, roadways, parking areas, utility easements, dumpster enclosures, water features, flood control structures, backflow preventers, wellfield locations, stormwater systems, landscaped areas, buffer areas, preserve areas and other open space areas at the same scale as an overlay of the vegetation map. A series of site plan or landscape 6 plan sheets may be required in order to indicate sufficient detail. b. Elevation (contour) or grade maps for the existing grades and proposed grades at the same scale as the vegetation map. All berms, swales, detention and retention areas shall be indicated on the landscape plan. C. Mitigation proposals as they relate to loss of wetlands or actual occupied habitat of endangered, threatened species or species of special concern for plants and wildlife. d. Detailed landscape plan. All landscape plans except individual single - family and duplex lots, or areas of one acre or less which are required by this chapter shall bear the seal of a landscape architect licensed to practice in the state or be prepared by another licensed professional authorized to prepare landscape plans by F.S. § 481.301 et seq. (Landscape Architecture). Detailed landscape plans shall include but not be limited to: 1. Clearly- delineated and keyed landscape areas, square footage of open space and impervious areas, landscape materials with specifications, such as caliper, height, species name, size and the like, and quantities to be used. 2. Data table with specific values for trees, shrubs, sod, specimens (justifications why a species should be considered a specimen), palms, clearly delineated and calculated open space points per 100 square feet for the total project, percent of open space that is preservation area. 3. Description of hardscapes (nonliving landscape materials) including heights, widths, type, and location of all barriers including, but not limited to, gravel (stone), concrete (pavers), clay products (brick), decks (wood), vertical walls and fences. 4. See landscaping requirements in Chapter 110, entitled Signs. 5. Landscape plans may be required to have typical aerial view drawings or cross - section details of any proposed perimeter buffer area, road right -of -way, or lot landscaping. 6. Landscaping shall be shown as an overlay of the site plan including all new trees, shrubs, grass, open areas, preservation areas and hardscapes. All existing trees that are to be protected or relocated during construction shall be indicated on the landscape plan. All landscaping symbols representing new and existing trees shall 7 indicate the canopy spread of the trees at the time of planting. A future canopy spread at three years after planting may be depicted for illustration purposes only, and shall be a separate landscape plan. Landscaping depicted in any building elevation or rendering shall accurately correspond to the landscape plan and shall depict the landscaping at time of planting. 7. A plan (narrative) to eradicate and prevent the reestablishment of prohibited plant species listed in subsection 98- 71(a). Landscape plans may be required to have typical aerial view drawings and/or cross section details of any proposed littoral planting zones as referenced in section 98 -106. 9. Landscape plans shall indicate all existing and proposed utility easements including water, sewer, cable, electric, telephone, drainage (including catch basins and detention or retention areas) or other above ground or underground service. 10. Landscape protection measures, such as curbing and wheel stops, shall be shown on the landscape plan. 11. Location of all temporary trailers and sales centers. 12. Indicate all landscape lighting. Landscape plans shall be consistent with the proposed lighting plan. e. Conceptual irrigation system plan, including main lines, backflow preventer, and water source. Also refer to subsection 98- 72(g)(2) for more information. (5) Project operations. a. Description of construction methodology to be performed on site, including use, storage, handling or production of substances known to be harmful to plants and for wildlife. b. Description of any anticipated soil, water, or air pollution produced or generated by the project and known to be harmful to plants and/or wildlife. C. Description of the project phasing. Any project that will require multiple building permits due to the methodology or construction sequence caused by off -site improvements, staging building by building, increasing square footage, restructuring finances or changing market strategies will be considered phased. There shall be a narrative and/or map depicting the 8 projected phasing submitted that describes when areas will be cleared and landscaped. (6) Prior to approval, revised site plans shall be accompanied by a written description of all changes made since the last site plan review. (7) After approval and prior to any city permit, the site plan shall have all conditions of approval located on the site plan, and this information will be available on the site during construction. A reduced copy shall be provided to the city clerk's office for attachment to the respective ordinance or resolution documents. Sec. 98 -6. Administrative approval. (a) The following actions may be approved by the c =t.; ms^ --ber Growth Management Director or Isis designee upon request for a permit. Administrative approvals may include conditions of approval, as deemed necessary to meet the intent of a development order. (1) Clearing, grubbing, root pruning or removal and relocation of trees or other vegetation pursuant to an approved site plan or other development order. No vegetation clearing will be permitted until a ii,r,ttP., land clearing permit is issued and the permit fee is paid. nr as ntl,PriinOP nnrmittPrl in thin chnntar (2) Removing and replacing dead, diseased, damaged, or insect - infested vegetation, including trees if Onnh rlPtarminntinn ;o mnr1P nnrl an"r —r-4 her t11P n ;ti, fnrPCtPr (3) Removing or relocating vegetation, including trees, that are a hazard to existing buildings ^r cxnthm Pv_of ;� ,1t_i;f, An�Am ntc nr, utilities, infrastructure or within a road right -of -way. ;f OnnL, r1PtPrminntinn ;O mnr1P nnrl nnnrni,Pr, hi, fl'a }in ;IA ;na rlPnnrtmant nr r„il-,l;n ci,nrlro rlPnnrtm Pnt (4) Removing and rep!ac;r!b l, vegetation, including trees due to a nrrlol,;n rPnnrrl;nrr that may cause a health or safety problem. if O„nh r1PtPrminntinn iO mnr1P nnrl nnnrni,Prl hi, t1,P n ;ti, f—Otar 1 „ilrlinn A—rf —f n"A n4v Pnrr;nPPr (5) Minor alterations or changes to approved landscape plans or to existing landscaping (if an approved landscape plan is not on file with the City) within all districts to improve or remove proposed or existing landscape as A- f- r - ;nerl hip ±lP �itir mina -t-r. Minor alterations shall be defined, in most cases, as a change of type, quantity, or location that affects pup to not more than a combined total of 25 percent of rP Uircd shrubs, groundcover, palms or 25 Perccnt of rPn',_;red trees on a site, or 100 landscape points, whichever is less. Developers shall submit construction plans that are consistent with the 9 approved landscape plan of record. The City recognizes that adjustments to approved landscape plans may be necessary, due to changes to utility locations or due to plant material availability. Minor alterations or adjustments, as defined above, shall be approved by the Growth Management Director or designee and properly documented in City records. (6) Installations of fences, if no expansion of an existing or proposed use is intended. (7) Temporary landscaping (landscaping other than what was originally approved), if it does not result in the removal of native vegetation. (b) Evaluation of the permit to amend a landscape plan administratively shall be based upon the information prepared and submitted to the city by the property owner or his designee. A field inspection by the city forester is available. The submittal shall include but not be limited to the following information: (1) Location map of the property (a current legible aerial photograph or a drawing to scale). (2) Existing vegetation inventory map and landscape plan for all changes. (3) Location and description of all proposed changes. (4) Reasons /rationale for the proposed changes. (5) Replacement schedule, if applicable. (6) Site plan data revision, if applicable. (c) Administrative approval will be granted or denied within 15 working days from the time a complete application is submitted to the citlr manna °r Growth Management Director or his designee. (d) Administrative approval shall not allow for the installation, removal or reduction of landscaping or open space to a degree that would otherwise require the approval of a variance application. (e) The Growth Management Director or designee may administratively approve one or more amendments to an approved landscape plan if the amendment affects no more than a cumulative total of 25 percent of the landscaped area. However, the Growth Management Director or designee may determine that a request for an administrative approval may require formal review by the Planning and Zoning Commission and the City Council. 10 Sec. 98 -7. Alternative Landscape Improvement Plan. (a) Applicants shall be entitled to demonstrate that the intent of this chapter can be more effectively met, in whole or in part, through an Alternative Landscape Improvement Plan. An Alternative Landscape Improvement Plan shall be reviewed as part of the development review process and, if approved, shall be substituted, in whole or in part, for a landscape plan meeting the express terms of this chapter. (b) Submittal requirements. The applicant shall provide an Alternative Landscape Improvement Plan which clearly delineates and identifies the deviations from the provisions of this chapter, and the proposed landscape design or designs that makes the alternative plan better than a plan that would meet all the requirements of this chapter. The Alternative Landscape Improvement Plan shall be clearly labeled as an "Alternative Landscape Improvement Plan." (c) Review standards. In reviewing a proposed Alternative Landscape Improvement Plan, the Planning and Zoning Commission and the City Council shall give favorable consideration to exceptional landscape designs which attempt to preserve and incorporate existing native vegetation, in excess of minimum standards, and plans that demonstrate innovative design and use of plant materials for foundation landscaping, to buffer incompatible land uses, and to resolve landscape conflicts with utilities. (d) The City shall not approve an Alternative Landscape Improvement Plan if it: (1) Results in planting or preservation of fewer trees than the minimum number required by this chapter; or (2) Is not an improvement over a landscape plan prepared in strict compliance with the other standards in this chapter; or (3) Is otherwise inconsistent with the intent of this section to encourage exceptional or unique landscape designs. ARTICLE II. ADMINISTRATION Sec. 98 -31. Stop work order. A stop work order for all construction or any part of construction work shall be issued by the building division department_ if grubbing, clearing, preservation, excavation, landscaping, or pruning work is proceeding in direct conflict with this chapter or an approved site plan, landscaping plan or construction plan. 11 Sec. 98 -32. Certificate of occupancy. A certificate of occupancy shall not be issued by the building division departmcnt if landscaping does not comply with the approved landscape plan of record under this chapter. The building official or his designee shall have a certified or signed landscape plan or document by the landscape architect of record verifying that landscaping for nonresidential projects has been installed as per the approved landscape plan. Residential projects require landscape architect verification before each phase is complete. This verification includes the species (quality, type, quantity, and any other original plant specifications), design or location, irrigation, and all other landscape structures and material used in accordance with the site plan. The city's landscape inspector will review the project for compliance after the documentation has been received from the landscape architect. Any deviation from the approved landscape plan will be relayed to the boil-di-n-1- ^ft;,.i?1 z ^r] ni *_; m °nnbPr Growth Management Director or designee for further review prior to the issuance of the certificate of occupancy. If landscape deviations cannot be corrected prior to the certificate of occupancy, a letter of credit or bond shall be posted by the owner, general contractor, or principal for the remaining work to be accomplished. Sec. 98-33. Compliance. (a) Failure to install, maintain or preserve landscaping or native vegetation required in accordance with the terms of this chapter shall constitute a violation. If the owner, tenant, or agent, including owner associations, jointly or severally, shall fail to meet the requirements of this section or if the existing trees, shrubbery, grass, or ground covering shall be permitted to die, either intentionally or unintentionally, and such shall not be replaced by such persons of the real property involved within 30 days of the event occurring, the city forester and/or a code enforcement officer shall notify, in writing, the person responsible for the maintenance or replacement of such to comply with the requirements of this section within 30 days from the date of delivery of the notice. The 30- day rule for compliance may be extended when necessary by the city manager or his designee to recover from acts of nature such as a hurricane or a freeze. (b) The approving entity shall require that landscaping or habitat be replaced or relocated where practicable or feasible to comply with the requirements of this chapter. (1) Protected trees, having a three -inch or greater caliper, to be replaced on the same site shall be replaced by the sum of three caliper inches to every one lost. Replacement trees shall be a minimum of three inches in caliper. (2) The city may require that trees having a three -inch or greater caliper be relocated elsewhere on site or, if not practicable or feasible as determined by the approval entity, to be replaced on the same site by trees, the sum of whose calipers are equivalent to three times the caliper of the tree being removed. 12 (3) If the site cannot support the total number of required replacement trees as determined by the approval entity, the city may permit the owner to donate excess trees to the city for planting on public lands or the monies equivalent to such at the owner's expense or placed upon other lands owned by the same property owners. Replacement trees shall have shade, environmental, or aesthetic qualities comparable to or better than the replaced trees. Sec. 98 -34. Performance bond. The building department or a designated representative may enter into an agreement with the developer, the owner, or his agent that will allow issuance of the certificate of occupancy before the landscape installation required by this chapter is completed, provided that a performance surety or guarantee shall be posted. The guarantee shall consist of a performance bond or other surety agreement approved by the city attorney in an amount equal to 110 percent of the direct costs of materials and labor, and other costs incidental to the installation of the required landscaping as certified by the landscape architect. The guarantee shall specify the time for the completion of the landscaping requirements and shall be accompanied by a site plan identifying the plant material covered by the surety. Sec. 98-35. Appeal. Any person or any agent or representative thereof, aggrieved by a decision of the building division dPYart=nt, planning and zoning division &partm,,mt, code enforcement officer, or site plan and appearance review committee, in the enforcement of any terms or provisions of this chapter, may appeal to the City Council by filing, within 15 days after the date of the decision complained of, a written notice of appeal thereof with the city manager, with a copy to the city clerk, which shall set forth concisely the appeal and the reasons or grounds for the appeal. The City Council shall hear and consider all facts material to the appeal and render a decision promptly. The City Council may affirm, reverse, or modify the decision being considered on appeal. An appeal may be made to the circuit court from any final decision of the city council, provided the appeal shall be filed within 30 days from the date of the decision. Sec. 98 -36. Board of Zoning Adjustment ni A aiiatm n,lo (a) Theie i0 l`rP!]tP� Q !`/<mmliiPP of ar�inctmantc [x�hinh oho�� nnn of o* of f[,P mPm�[Prc_ r[lnc nn n�ternnti[P mPm}[Pr ![POl(TnntP� 11V Aii. rite rniinnO lk— rPrnl<itinn T1iP rit <r nn<m�il oh�ll ant as the nc-m --- miff-ce of nrlinctmPnto in the nb-- of cnrh nnmmittPP An applicant submitting a landscaping plan or plan amendment for a site that is not within a PUD or PCD and that does not meet the minimum standards of this chapter shall submit a variance application for review by the Board of Zoning Adjustment. The variance application shall be considered by the Board of Zoning Adjustment before the site plan application is considered by the City Council. 13 (b) An application for variance to the standards and requirements established in these land development regulations shall be filed with and heard by the of O /"1: - -I', -n +O Board of Zoning Adjustment and the application shall: (1) Are made and filed on forms provided by the planning and zoning division r�Pnnr+m Pn+ (2) State clearly and in detail the variance requested and reasons therefor. (3) Be accompanied by sketches, surveys, and statistical information to support claims for a variance. (4) Be accompanied by an appropriate application fee established by the city council by resolution, except where the petitioner is requesting a variance for nonconformance. (5) Be executed and sworn to by the owner, tenant, or agent. (c) The Board of Zoning Adjustment l nds^arP r nmmi + +PP nF nrUllefrn -ntv may approve or grant the variance only if it determines that the variance is not contrary to the intent of these land development regulations and that a literal enforcement of the standards as established in the regulations would be impracticable and would result in an unreasonable and unnecessary hardship. (d) An advertised public hearing shall be held wifh:n at the next available meeting of the Board of Zoning Adjustment, but no sooner than 30 days from the date a complete application is submitted. Section 98 -37. Land Clearing Permit. (a) The City shall not issue a permit for land clearing until: (1) the property owner has submitted a building permit application to the City for paving and drainage or other infrastructure improvements, at a minimum, or unless otherwise approved by the Growth Management Director, and (2) all tree protection work has been satisfied pursuant to this chapter. (b) City permits for land clearing may be phased, depending on the project design, and may have conditions of approval imposed by the City. 14 ARTICLE III. MINIMUM LANDSCAPE REQUIREMENTS Sec. 98 -66. Nonresidential districts (a) In nonresidential districts: (1) the minimum open space requirement shall be 15 percent, or a greater amount if required in Chapter 118, Zoning; and (2) no more than 40 percent of the total landscape area shall be covered with sod (grass)_ exec .-t tThose projects proposing playgrounds, ballfields, golf courses, dry re*antinn detention areas and th-z Hke or similar uses may subtract the open space square footage of these grassy areas from the landscape area calculation for a corrected total. (b) Tables 1 and 2 shall be used to determine the minimum landscape points per open space a project shall be required to provide. Achieving the minimum open space landscape point requirement does not exempt a project from compliance to all other requirements of this chapter. (c) In addition to the landscaping provided for in paragraph (b) of this section, existing native trees in good health and 10 inches DBH or larger shall be considered specimen trees. At a minimum, 25 percent of all specimen trees are to be protected in place or relocated on site, unless a planned upland preserve is set aside, pursuant to Chapter 102; or (1) A specimen tree or trees may be substituted with replacement trees on site, or replacement trees may be donated to the City. The minimum replacement shall be the sum of three caliper inches for every caliper inch of a specimen tree that is to be removed. Donated trees shall be planted by the donor and guaranteed by the donor, in a written agreement or by a surety bond, for 180 days; or (2) An applicant may remove a specimen tree or trees if a contribution of the equivalent value of the replacement tree or trees, as calculated in paragraph (d) above, is made to a City Beautification Account. The value of the tree replacement shall be determined by averaging cost estimates from two landscape architects or similar professional; one selected by the applicant and one selected by the City. The applicant shall pay the fees for both cost estimates. The City's Beautification and Environmental Committee shall advise the City Council on the expenditure for these monies. These funds shall be used for tree programs on public lands. (�} (d) the following uses within nonresidential zoning districts shall be required to be screened from public view: (gee se—cf —n (1) Backflow preventer systems. (2) Trash (dumpster) containers and recycling containers. 15 LANDSCAPING AND VEGETATION PROTECTION TABLE 1* [Within Table 1, the points per 100 square feet is being increased by two point levels at each level of the chart, as follows:] 20 pts. becomes 22 19 " 21 18 it 20 17 if 19 16 it 18 15 it 17 14 ti 16 13 15 12 14 11 13 10 12 9 11 8.5 " " 10.5 7.5 9.5 6.0 8.0 5.0 " " 7.0 t. Open Space is 20 25 ]0 35 <0 45 SO 55 60 65 Points /100 Square Feet 1-20 Pts. -19 -16 -17 -16 -15 Pts. -1{ -14 -17 -17 1-12 Pts. -12 -12 -11 -11 -10 Pts. -10 -10 -9 1-9 *Example: 15 percent open space requires 22 points per 100 square feet. 16 8.5 Pts. 7.5 Pts. 6 Pts. TABLE 2 Specimen trees (justification required - see 25 additional points. definition) Specimen plants (justification required - see 15 additional points. definition) Specimen palms (justification required - see 25 additional points. definition) Native trees 5 inches DBH 20 points. plus one point for each inch greater than five inches DBH minimum (City) preferred tree species 12 ft. in height 15 pts. plus one point for every foot greater minimum than minimum Trees not on list or less than 12 feet in height 5 points. (City) preferred palms species 8 feet of clear 3.3 points plus one pt. for every foot of clear trunk trunk greater than eight -foot minimum Palms not on list or less than minimum 1 point. All shrubs (75% from preferred list) and 1 point. climbing vines All ground cover (75% from preferred list) 2 points per 10 sq. ft. Grass 1/4 point per 10 sq. ft. Preferred species, and coastal species are listed in the City landscape work manual. A current copy is available in the City Hall for a fee. Abused trees, as determined by the City Forester, shall not count toward required points. 17 (3) Storage or mechanical equipment areas. (4) Outside display or sales areas. (5) Parking areas. Service bays. (7) Satellite dishes mounted on the ground. Other similar uses. (S) (e) The following uses within nonresidential zoning districts shall be required to have landscaping: (see sec*. =^r_s oQ_,<Q, aQ_72): (1) Vehicular use areas. (2) Building foundations excluding rear areas not visible by a public road right -of -way or not generally traveled by the public or visible from adjacent structures. (3) Signs (see Chapter 110 pertaining to signs). (4) Multilevel parking garages. (5) Berms or perimeter walls. (6) —r nrAnnna -41, old c+nta �ar,a rrm ant of 1'rnnonnr4n4; ^^ ^ales Temporary trailers and sales centers, excluding construction trailers. (7) Swales, ditch banks, including any transition between land and a water body and littoral zones, in accordance with all SFIAIMD nr ATl B1 1CD ^r CE rules of the South Florida Water Management District, the Northern Palm Beach County Improvement District and the Palm Beach County Department of Engineering and Public Works. Trees and shrubs shall not be planted in swale areas and in maintenance easements for canals. (8) Littoral planting zones. Other similar uses. (4) _f Where redevelopment projects or nonconforming projects are unable to meet the point system or open space requirements as state-d- of this chapter, and said project is being amended, points may be transferred to other lands (i.e., public lands, parks, roads) 18 up to a maximum of 25 percent reduction of points per 100 square feet or an assessment of $25.00 per point can be Levi -- by *hA n-ity ^n-uncil contributed to the City's beautification account by the applicant. - lnndv. Sec. 98 -67. Residential districts. (a) The minimum required open space in residential districts shall be 35 percent of the entire site .vifhir � vitP YI -n. Those projects proposing playgrounds, ballfields, golf courses, dry detention areas and similar uses may subtract the open space square footage of these grassy areas from the landscape area calculation for a corrected total. Landscaping shall be achieved with a combination of trees, shrubs, ground cover, grass (sod), and nonliving landscape material. One hundred percent of all open space shall be landscaped. A minimum number of points per 100 square feet of open space shall be required based on the amount of open space (see Table 3) for landscaped areas within common or publicly dedicated open space. (b) The following uses within residential zoning districts shall be required to be screened with landscaping: lift stations, cable television, telephone or other ground- mounted utility equipment, backflow preventers, ground- mounted air conditioning units, RV parking areas, boat storage areas, maintenance and storage areas, and dumpster or trash pickup areas and temporary trailers and sales centers, excluding construction trailers. (c) Trees and plants shall have the same point value as is specified under subsection 98- 66(a), Table 2. In addition to the landscaping required in paragraph (a) above, the same requirements for protecting existing trees outlined in subsections 98 -66(c) through (e) shall apply in this section. (d) Single - family and duplex yards (lots) will have a minimum of one tree or two palms per 1,000 square feet of open space or fraction thereof, and foundation landscaping for each facade. A shade tree from the City's preferred tree list is required as a street tree, located cn cr within the road right -of -way 15 fPPt cf t?he line. Street trees are to be replaced if removed for any reason by the landowner. (e) Trees located on the property required to be preserved by any other code or section may be used to satisfy requirements within this section. The trees are to be protected during construction. 19 TABLE 3* t Open Space Points /100 Square Feet 35 10 Pts. 45 — 9 Pts. 55 8 Pts. 65 7 Pts. 75 *Example: 35 percent open space up to but not including 45 percent requires ten points per 100 square feet. Sec. 98 -68. Parking areas. (a) The minimum shade tree spacing for interior parking areas shall be such that no parking space is more than 40 feet from the center of the shade tree. A shade tree may be replaced by a minimum of three palms clustered to create shade as long as the affected parking bays are more than 50 feet from a public street. (b) A landscape island shall be required for every nine parking spaces located in a row. 20 (bc) The minimum landscape area shall contain no dimension less than five feet in width, measured from the inside of the curb. There shall be no landscape area smaller than 25 square feet. Landscape areas within interior parking areas may be reduced if the areas shall constitute an obstruction in use of a building structure, providing the reduced square footage is relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area. (ed) All landscape areas, except in fee simple residential lots, shall be protected curbs or wheelstops from vehicular encroachment and from the damages caused by vehicles overhanging into landscape areas. Landscaping, except grass, shall be required to be at least two feet six inches from the edge of the wheel stop or curbing. The curbing shall be at least six inches in height above grade. (d e) Vehicle parking areas designed to permit vehicles overhanging into landscaped areas shall not be permitted to count the first two feet six inches of landscape area as open space. (Q f) Vehicle use areas, including driveways to parking lots, shall have be encompassed by a minimum three- foot -high hedge (at maturity). ( €g) Multilevel parking garages shall have planters adequately designed to permit trees to live on the top level. These areas shall apply toward the required points per open space. The top parking area shall have trees as required in subsection (a) of this section. (g h) Grass parking shall be required to meet the same standards as outlined in subsections (a), (c) and (e) of this section. (h i) Regular maintenance of vehicular use areas adjacent to all landscape areas shall include replacement of broken curbs or curb stops as needed to keep the general appearance in good condition and safe. (i j) When a point of ingress or egress (driveway) intersects a public right -of -way or when the subject property abuts the intersection of two or more public rights -of -way, all landscaping within the areas described in subsections (a) and (b) of this section shall allow cross visibility between 30 inches above the established grade and six feet above the established grade; however, trees or palms shall be permitted, provided they are trimmed so as to allow visibility at the levels indicated in above, provided they are located so as not to create a traffic hazard. (1) The area of property on both sides of a driveway formed by the intersection of each side of the driveway and the public right -of -way line for a distance of 15 feet in length and five feet in width along the public right -of -way. (2) The area of property located at a corner formed by the intersection of two or more public rights -of -way with two sides of the triangular area being 20 feet in length along the abutting public rights -of -way measured from their point of intersection and the third side being a line connecting the ends of the other two lines. 21 Sec. 98 -69. Preserve areas. (a) All plants (trees, shrubs, ground cover) within a preserve area that meet or exceed the minimum landscape requirements as set forth in this chapter can be counted toward the points per open space required to meet landscape requirements pursuant to sections 98 -66 through 98 -68. (b) The minimum width of a preserve area to be used to meet landscape requirements shall be 25 feet. (c) The preserve area shall screen any area that requires screening with the same minimum planting requirements as does new landscape material (see section 98 -72). Infilling new vegetation within preserve areas or around preserve areas shall be required if minimum requirements for screening cannot be met with existing vegetation. Infilling preserves shall be accomplished with relocating existing native plants or adding appropriate new native plants to the voids or bare areas of the preserve to accomplish the required screening. (d) One - hundred - percent irrigation is not required within preserve areas. The preserve area shall be preserved in such a way that the transition of new landscaping or open space to existing vegetation duplicates nature. The preserve area shall not be adversely impacted by surrounding drainage or elevation changes proposed by development. (e) Preserve areas shall be maintained or managed with the same standards set forth in section 98 -103, except there shall be no pruning of vegetation or trees within preserve areas without written approval from the city forester. Preserve areas shall be cleared and kept clean of any exotic plants (i.e., Melaleuca, Brazilian pepper, Australian pine). (f) There shall be no construction within preserve areas unless otherwise approved during site plan approval. (g) Walls or other barriers shall not be constructed in such a manner that impedes or restricts the use of preserve areas that also act as habitat corridors or pathways unless otherwise approved during site plan approval. (h) Trees and shrubs used to meet landscape requirements that die within preserve areas for any reason shall be replaced once it is determined by the city that landscape screening requirements have dropped below minimum standards. (i) Code enforcement regulations shall apply to preservation areas that are used to meet landscape requirements. 0) In an effort to create a safe zone for protection from a wild fire, structures shall be no closer than 30 feet to a preserve area, as defined in Chapter 102. 22 Sec. 98 -70. Tree replacement. During construction, all new and existing landscaping that dies shall be replaced with the same species within 30 days or before issuance of the certificate of occupancy. The minimum replacement specifications will be one for one at the minimum size standard set in the approved landscape plan. Trees protected that die during construction shall be replaced with the same species within 30 days or before issuance of the certificate of occupancy. The minimum replacement specifications and minimum size standard is set forth in subsection 98- 33(b). Sec. 98 -71. Prohibited plants; remora! cf and invasive nonnative plants. (a) No person shall plant or cause to be planted prohibited plants anywhere in the City. The following shall be considered the official list of in.ras;.rP r ^ --- - -- r- prohibited plant species: nnrl tha list mnxr ha nnrintarl hxr fl-i.- pit— Thaoa "lnnto ohnll bia ramnin-A 4i-nm nll nnan onnna in tt1 P1Y entiratcr frnm tha anfira vita: Air potato vine Australian pine Brazilian pepper or Florida holly Carrotwood Earleaf acacia Kudzu Melaleuca Small -leave climbing fern Schefflera Dioscorea bulbifera Casuarina spp. Schinus teribinthifolius Supaniopsis anacardioides Acacia auriculiformis Pueraria montana Melaleuca quinquenervia Lygodium microphyllum Schefflera actinophylla (b) Upon issuance of a City building permit, a property owner shall remove or cause to be removed the following plant species: All prohibited plant species Banyan Bischofia Cat's claw Chinese tallow tree Cork tree Downy rose myrtle Jasmine Java plum Leather leaf Lofty fig Mahoe Ficus bengalensis Bischofia javanica Minosa pigra Sapium sebiferum Thespesia populnea Rhodomyrtus tomentosus Jasminum dichotomum Syzygium cumin Colubrina asiatica Ficus altissima Hibiscus tiliaceus 23 Shoebutton ardisia Ardisia solanaceae Woman's tongue Albizia lebbeck (bc) No certificate of occupancy or other official acceptance of completed work shall be issued for development until verification is provided, through inspection by the city forester or by certification by a state - licensed landscape architect, that all required removal of prohibited plants or invasive nonnative plants has been completed and is in accordance with the development plan or phasing plan and permit conditions. The eradication of prohibited plants and invasive nonnative plants, as applicable, shall be completed prior to the final landscape inspection. (cd) Ficus species may be planted as individual trees or hedge material provided the following provisions are met: (1) No individual ficus spp. tree shall be planted within 15 feet of any public road right - of -way or other public utility. (2) Ficus spp. hedges shall be constantly maintained, shall be of cold - tolerant variety, and shall not exceed eight feet in height. Sec. 98 -72. Minimum landscape buffer and planting requirements. (a) A landscape buffer shall be a minimum of eight feet in depth around the perimeter of a parcel; provided, however, that a minimum landscape buffer of 15 feet in depth shall be required on lands located adjacent to public street rights -of -ways and railroad rights -of -way that are less than 100 feet wide. For rights -of -way 100 feet wide or greater, the buffer shall be a minimum 20 feet wide, except for buffers adjacent to Interstate 95 or the Florida Turnpike, which shall be a minimum of 25 feet wide. A maximum of five feet of a required buffer may be overlapped by a utility easement or encumbered by a utility not in an easement, provided that a minimum of five feet of the required buffer remains free and clear of any overlap for the plant material installation. Easements that overlap or traverse buffers containing landscaping may be permitted with the written permission of the easement holder, prior to project approval, but said overlap or traverse shall not be counted towards the project's minimum open space requirement. Other than ingress or egress, no road right -of -way easement shall infringe on a required buffer. Vegetation, especially trees and palms, should be planted taking into consideration the mature height and spread of the species. Detention or retention areas and lake maintenance easements shall not be located in landscape buffers. 24 (b) The maximum spacing of planting trees shall be 60 feet along any perimeter buffer so long as all point requirements have been met. (c) A minimum of seventy -five percent of the total quantities of trees and plants will be from the City's preferred plant list. Coastal areas as designated by the comprehensive plan shall be required to have 90 percent native species. (d) All outside storage and trash collection sites will have a three- foot -high hedge and structural barriers, berms or any combination thereof to 100 - percent screen the area from view. (e) There shall be foundation landscaping within 4-S 10 feet of all building structures. The location and size of this foundation landscaping shall be of a height and quantity to visibly soften bare walls and accent building desil= facades and help direct pedestrian traffic to building entrances. All foundation areas shall be irrigated and of the appropriate size to accommodate the mature size of the vegetation to be planted. The minimum standards for foundation landscaping shall be determined by the building height and function, and as set forth below: (1) The foundation planting area for a one -story building: a. shall be at least five feet wide; and b. shall extend along the portions of a facade that directly abut a parking area or vehicular use area, excluding entryways, doorways or other building improvements, as determined by the City. (2) The foundation planting area for a two -story building and greater: a. shall be no less than 30 percent of the height of the adjacent wall, and b. shall extend along the portions of a facade that directly abut a parking or vehicular use area, excluding entryways, doorways or other building improvements, as determined by the City. (3) At least one shade tree or palm cluster shall be installed for each 30 linear feet, or fraction thereof, of facade width. A minimum of one tree per facade, and the remainder of the landscape area shall be treated appropriately with plantings and pedestrian accessways. Trees and palms shall be of an installed size relating to the height of the adjacent wall or facade, as follows: Wall Height Tree Height Palm Height To 15' 12' 12' - 14' 15' - 25' 14' 141-181 25 261-35' 16' 181-221 36' and greater 18' 221-281 (f) Service areas of nonresidential buildings, when visible from the street right -of -way or adjacent residential land use, shall have barriers and a hedge at a minimum of six feet in height to screen the service area from this use. Service areas may include interior or exterior work bays associated with full service gas stations, tire repair, auto repair business, as well as any business proposing loading or unloading docks. (g) Backflow preventer systems. (h) Achieving the total points per open space for an entire project within one or more areas does not exempt one from complying with all other requirements, even if that means exceeding the minimum required total points per open space. (i) Landscaping around ground signs is required (see section 110 -36). 0) Hedge shrubs shall be planted on two -foot centers. Hedge material used to meet buffer requirements as set forth in this chapter shall be 30 inches in height at planting. (k) Vines shall be a minimum of 60 inches trellis length containing live runners or more at planting. Following sound horticultural practices, the vine shall be attached to the fence, column or wall, if appropriate, in a way that encourages proper plant growth. (1) Lawn grass shall be solidly sodded, unless otherwise approved in the landscape plans. Lawn grass shall not be allowed to grow higher than six inches in height. Sod shall not be placed closer than 18 inches from the trunk of a tree. (m) Palms shall have a minimum of eight feet of gray trunk immediately after planting when used to meet buffer or parking requirements. For the purposes of this chapter, one required canopy tree equals three palms. (n) Required trees shall be a minimum of 12 feet in height (height is measured from the ground to what is the average of the ends of branches, not the tallest branch or two) and a plant spread (crown) of five feet in diameter. A minimum of 75 percent (90 percent in coastal areas) of all trees required to be planted by this chapter shall be native species or from the preferred plant list in the city landscape handbook. Copies will be available at City Hall for a fee. (o) Nonliving landscape material (hardscape) requirements: (1) Perimeter walls, metal or wood fences, or other nonliving landscape materials may be used in conjunction with vegetation to meet required landscaping. Approved walls or fences shall be set back from property lines sufficiently to include landscape on the outside of the wall or fence. Maintenance of the wall or fence is required and 26 associated landscaping is required. If nonliving barriers are used, 50 percent of the barrier shall be covered or screened by vegetation on the street side along public rights -of -way and interior perimeter areas visible to the public. (2) Earth berms may be used only when installed in conjunction with sufficient plant material, and shall be adequately spaced to satisfy the provisions of this chapter. The slope of a berm shall not exceed a ratio of 4:1. Earth berms may not be constructed over public utilities without written consent from all applicable utility companies. (3) All tree and shrub beds shall receive at least three inches of mulch. Mulch shall be temporarily applied to areas not immediately covered by ground cover. Where mulch is intended to be installed permanently, it shall be renewed and maintained at three inches of depth. Mulch will be thoroughly wet at the time of application to prevent wind displacement. (4) The use of barbed wire within the city limits is a conditional use only requiring approval by the city council as part of a proposed land use development application. (5) The use of pavers (or similar impervious material, excluding sidewalks) shall not exceed more than 30 percent coverage of an open space area, and shall not be wider than 12 feet if used in a required landscape buffer area. (p) Nonspecimen palms planted in perimeter buffers shall be installed in groups of no less than three. Refer to point system for planting credits. (q) Soil erosion shall be controlled and held to a minimum. Areas in which vegetation or ground cover has been allowed to be removed pursuant to an approved site plan and subsequently abandoned for any reason for more than six months shall be seeded with a ground cover or grass immediately upon request by the city, or the city shall have the work done at the owner's expense. (r) At no time shall a landscape area be used for advertising display or sales. Sec. 98 -73. List of protected trees. The City Council shall establish and update by resolution from time to time a list of protected trees. A copy of the list shall be maintained at all times by the building dcpart tnt division and the City Forester. The list is as follows: (1) MacArthur's banyan, located in the median on MacArthur Boulevard near Northlake Boulevard. (2) All mangrove trees, located within City coastal zones. 27 (3) All oak trees 16 inches DBH or greater, located within the city limits. Sec. 98 -74. Landscaping in public rights -of -way. (a) The City's intent is to beautify all public right -of -way. Therefore, landscaping and irrigation shall be required, as applicable, in public rights -of -way, including medians and road shoulders, adjacent to all new development. Maintenance of landscaped rights -of -way shall be the responsibility of the project's property owner or, as agreed upon in the development order approving the project, by special districts created for unified maintenance. (b) Landscape plans for rights -of -way shall be submitted by the applicant and approved with each project. Landscaping and landscape maintenance shall be in accordance with state and county traffic engineering standards. Landscape plans shall be based on the final roadway configuration, but may be of a temporary design. Timing of the installation of required landscaping and irrigation shall be prior to the last certificate of occupancy for the adjacent development, unless otherwise approved by the City Council. (c) Roadway landscaping shall be designed and installed with characteristics similar to the nearest existing roadway beautification project, or using the landscape theme provided in Section 118 -281, entitled Parkway Overlay, or using a landscape plan previously approved by the City for a particular road. The same landscape theme shall be used in all four quadrants of any intersection. (d) City approval is required for all landscaping or other improvements within public rights -of -way in the City. ARTICLE IV. MINIMUM INSTALLATION AND MAINTENANCE STANDARDS Sec. 98 -101. Enforcement. The code enforcement board is granted jurisdiction for enforcement of this article. Sec. 98 -102. Exemptions. (a) All licensed plant or tree nurseries or tree farms shall be exempt from the terms and provisions of this chapter only with respect to those trees planted and growing which are for the sale or intended sale to the general public in the ordinary course of the licensee's business. The buildings and parking lots shall adhere to all codes outlined in this chapter. 28 (b) The limited removal of understory vegetation by a state - licensed land surveyor in the performance of his duties, provided that the swath cleared shall not exceed five feet in width, is exempt from the terms and provisions of this chapter. The surveyor shall not have the right to cut a tree three inches in diameter or greater without written consent from the city. (c) The requirements of this chapter may be waived by the city manager to facilitate the emergency removal of trees or vegetation when a state of emergency has been issued for the city. (.�l frylPnYnllfflnn I'1'PPO (i P nnrinnitnrP fimlxPr nr nnlmxrnnrl her- xiPat;nnl is ctrin4ly vxrnh;h;tPl1 Rnracfi c� rxr�n4;nPO hnnxxm to nrnvirlP ox�lxotnnt;al 1�Pnnfto nr "rnfPnt;r%n n"A tl,nt nnnfnrmo fn the P ;t-xi °c .,__. M� n -- - . _ibotn--1.-»- - - -- -_1 ---- . --- ---� PnxrirnnmPnMl rx OPrxrnf;nn Ofnniln'Al maxi Y nllnxiTPA xxr ;fl, n "Inn bxr flip OfnfP 47\r cf oar';nP nfbx r rxrn iPOOinng� fnractar nnA f n ;fxr nni r n ;llo n—x rnxrnl (de) The clearing of a path not to exceed ten feet in width to provide vehicular access necessary to conduct soil percolation a d!or soil bore test on land is exempt from the terms and provisions of this chapter, provided such clearing or removal is conducted under the direction of a state- registered surveyor or engineer. Sec. 98 -103. Tree and plant installation. (a) Plant quality for all required landscaping shall be Florida no. 1 or better, as given in Grades and Standards for Nursery Plants, part I and part II, state department of agriculture and consumer services. An alternative landscape improvement plan, as allowed in this chapter, may propose to use plant materials that do not meet the Florida No. 1 standard or better in order to relocate existing trees or to create a transition area between landscaped areas and preserve areas. All vegetation shall be clean and free of noxious pests or disease. (b) A preferred species list shall be prepared, periodically revised, and distributed to the public by the city upon request. This species list shall, to the greatest extent possible, represent plants that are: (1) Drought tolerant. (2) Adapted to cold weather. (3) Commercially available. (4) Native or naturalized. (5) Noninvasive and not destructive to native plants. (6) Strong wooded (not brittle). 29 (c) All landscaping shall be installed with sound workmanship and sound nursery practices in a manner that will encourage vigorous growth. (rj� prrminn otnnrinrrlo no rPflPnfPrl in thin nhnntPr ohnll nnlxr nnnixr to nnnrPOirlPntinl "o nnrl common nrPno xvithin PT M POT) nnrl nT?T nrniPrrto (nil lnnrl noPol (`rnxxrn rPrlrxntinn of ohnrlP trPPo ohnll }xP nrnhihitPr] lint;] the trPP nnnnnxr Txno vPnr -6-rl nt 1Pnot 1 S feet ;n ri;q —t far PvnPnt to rPmnxrP lim}xo nr fnlinrr nrP oanfinrr n hn -nrrl to otrnntxxrao nr mnnlrinrl in nnnflint xx 411 n nrimP nrPxrPntinn nrn rTrnm to ramnvP (]Pori nr 1110Pn cell limbo nntninrx xrn9tnrr tYPPO fr— otranrxth of form nr in Y."a -"---o _" 1 noonnintlnn xxl,th tree /nnlm TPlnnntlnn xx-V A f imr n trPP nnnnnxr rPnnh PO 1 S feet In rltnm PfPr nrnxxrn rPr111r +inn ohn11 nnlxr YxP nPrmtl-tPri no innMpi -itn] xxrb Pn nnrrarrt nrllninrx otnnrinrAo nrP xxoPrl nnrl xxrhPn th PrP nrP cnnotrninto onnh no hot not limi +Prl to t—rPr lingo nnri otrncfi"ao (Pl A nlnnfro nr trPPIo rxrnxxrth nhnrnntPriotino ohnll hP cnnoir]PrPrl before oitP nlnn nnnrncrn] to nrpxrPnt nnnfll Pt xx 11th hllilr]lnn riPOlrxn x/1 Plx to of olrxnnrrP 11nrlPYrxYnxlnrl nnri nxrPYYtPnrl lxtll141PO nor] rirninnrxP T TnlPoo nthPrxxnoP nnnrr-7r rl hxr flip Pitxr trPPO ohnli hP of n olxnnP nnrl oi�P txrnir•n] of;hair o YxPn;PO thrnnrrhrnxt their life nxrnlP (d) The City shall require root barriers for trees planted within 15 feet of any road improvements, sidewalk or utility. An applicant for a building permit may provide written justification to waive the requirement for one or more root barriers. Such justifications shall be approved or denied administratively by the City. Waivers that are denied may be appealed to the Board of Zoning Appeals. Sec. 98 -104. Pruning. (a) The pruning standards in this chapter shall apply only to all nonresidential uses and to common areas in all planned developments and within Developments of Regional Impact. (b) Crown reduction of shade trees shall be prohibited until the tree canopy has reached at least 15 feet in diameter, except to remove limbs or foliage presenting a hazard or in conflict with a crime prevention program, to remove dead or diseased limbs, to reinforce strength of form, or in association with tree or palm relocation work. After a tree canopy reaches 15 feet in diameter, crown reduction shall only be permitted as incidental when correct pruning standards are used and when there are constraints such as but not limited to power lines and structures. (c) Plant characteristics shall be reviewed during the approval process for landscape plans to prevent conflicts with building design, signage, utilities and drainage. Unless otherwise approved by the city, trees shall be allowed to grow to a shape and size typical of their species throughout their life cycle. (cd) The following are general pruning requirements: 30 (1) Hatracking is prohibited except pruning that is required to keep utility lines clear. Hatracking is to: flat -cut the top or sides of a tree, severing the leader or leaders; make internodal cuts; prune a tree by stubbing off mature wood larger than three inches in diameter; or reduce a mature tree's total circumference or canopy spread by one -third or more. Excessive pruning like hatracking may be considered tree abuse and a code violation by the city's code enforcement board. Each tree hatracked shall be considered a clear and separate violation, with a maximum fine of $250.00 for the first tree and a maximum fine of $250.00 for each additional tree. If the city's code enforcement board has made a previous determination that a person has violated this section, then such person may be charged with a repeat violation. A maximum fine of $500.00 for the first tree and a maximum fine of $500.00 for each additional tree shall be set by the city's code enforcement board for repeat violation of this section. In determining the correctness of particular tree pruning techniques, the city shall use the current edition of the "Pruning Standards for Shade Trees," published by the National Arbors Association, or any future national standard on shade tree pruning. Tree replacement may be required by the code enforcement board. (2) If other than the normal expected tree canopy shade and size is desired by the owner of the trees, the desired shape and size shall be indicated on the approved site plan. If not noted, trees shall be allowed to grow to their natural shape and size. Landowners can request that their approved site plans be amended to allow tree shaping if any of the following conditions apply: a. Trees are located in a constraining situation, such as under power lines. b. A tree's unnatural shape is to be used as an accent or focal point in a landscape design, but not for the total landscape design. C. A maintenance commitment must be clearly outlined on the landscaping plan to explain the care and upkeep of unnaturally shaped trees. (3) Pruning shall be performed by a person or tree service that is knowledgeable with the latest standards of the National Arborist Association. Copies of these standards are included in the city's landscape handbook. All tree service companies shall have as public service a county occupational license at a minimum. (4) Pruning palm trees shall be limited to dead fronds and up to one -third of the green fronds and seed pods. (5) Maximum limb pruning, or severely cutting back lower branches to increase sight visibility from underneath a tree's canopy, shall be 13.5 feet from the ground level to the collar of the first limb. 31 Pruning non - native trees: A City permit is required for pruning non - native trees to control the width or height of a tree. The following standards shall apply to all such permits: a. Pruning shall not reduce the width or height of a tree by more than 30 percent; and b. No more than 10 trees may be pruned within a twelve -month period. Non - native trees include the following plant species: Norfolk Island Pine Araucaria heterophylla Silk Oak Grevillea robusta Rosewood Dalbergia sissoo Eucalyptus Eucalyptus torelliana All prohibited or invasive plant species listed in this chapter that are not required to be removed. The permit may have other conditions, as deemed necessary by the Growth Management Director or designee, to keep the aesthetic qualities or function of the tree intact on a case -by -case basis. Sec. 98 -105. Maintenance. (a) Regular maintenance of all landscape areas shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead or missing landscaping, removal of prohibited plants and other horticultural practices that are needed to keep landscaping in good condition, free from disease, insect pests, weeds refuse and debris. Landscape maintenance shall be carried out in a manner that will not disrupt, inconvenience or endanger any member of the public, either pedestrian or vehicular. City recommendations for general maintenance specifications are contained in the City of Palm Beach Gardens Landscape Handbook- (b) Plants shall be alive and in good condition at the time of issuance of the certificate of occupancy. There shall be a minimum three -month replacement guarantee provided by the landscape company responsible for all new landscape material from time of issuance of the certificate of occupancy. It shall be the responsibility of the property owner to replace landscaping and maintain landscaping throughout the life of the project. (c) All landscape areas, except those areas composed of existing native plant communities, shall provide an irrigation system plan. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society Standards and specifications for Turf and Landscape 32 Irrigation Systems (rPvi -s-e d r�:r_P ? n, ! as amended from time to time. Irrigation systems shall be designed and maintained to: (1) Eliminate the wasteful use of water. (2) Eliminate staining of buildings, walks, walls and other site improvements including landscaping. (3) Have a minimum of 100 - percent coverage, including the capability of applying water onto turf areas on a different saturation level than irrigate shrub planting beds. (4) Eliminate water overthrow onto nonpervious areas. The irrigation system plan shall be a minimum scale of one inch equals 30 feet. A rain sensor (switching off irrigation during wet periods) shall be required on all irrigation systems. The city encourages the proper choice of plants for water conservation in landscaping as set forth in the South Florida Water Management Xeriscape Plant Guide. (d) The maintenance of ponds or any water management area and dried retention area shall be the responsibility of the landowner and shall be kept in a neat and clear appearance, free of exotic aquatic vegetation and algae. (e) The root system of existing trees shall be protected during construction by barricades acceptable to the city forester. Prior to land clearing and/or construction, the developer shall erect and maintain protective barriers constructed of metal, wood, or other durable material around the drip line of all trees, clusters of trees, or preserve areas to be protected. No storage of material, equipment, debris, or fill shall be permitted within the protected barrier. No cleaning of equipment, disposal of liquid or solid wastes (paint, oil solvents, asphalt, concrete, mortar, and the like) shall be permitted within the protective barrier. No attachments or wires other than those of a protective nature shall be attached to any protected tree. In determining the appropriateness of particular protection techniques, the city shall use the current edition of the Tree Protection Manual for Builders and Developers, published by the state division of forestry, department of agriculture and consumer services. (f) Maintenance of hazardous landscaping. (1) A property owner shall remove a tree or palm after receiving written notice from the City indicating that the tree or palm has died and all or part of the tree or palm could fall and cause harm to persons or property. If the tree or palm is not removed within 30 days, the City shall declare the tree or palm a public nuisance and shall take appropriate action to remove the tree or palm. The full cost to remove a tree or palm shall be paid by the property owner. Landscaping removed due to its hazardous nature to a building shall be replaced 33 to comply with the approved landscape plan or with the requirements of this chapter to the greatest extent possible (if an approved landscape plan is not on file with the City). Landscaping removed due to a health or safety problem to persons shall be replaced to meet the intent of the approved landscape plan, or with the requirements of this chapter to the greatest extent possible. For example, if a CPTED concept could prevent a problem, alternative plants could replace existing landscaping to create a safer environment. (g) Landscaping removed due to its death, disease, damage or insect - infestation shall be replaced to comply with the approved landscape plan or with the requirements of this chapter to the greatest extent possible (if an approved landscape plan is not on file with the City). Sec. 98 -106. Littoral planting zones. Littoral planting is required on lakes whose water surface is larger than one acre in size. At least 50 percent of the shoreline shall be planted with wetland trees and/or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. Shelf slope and size shall be noted on the landscape plan in the form of a cross section drawing and respective specifications based on actual plant and tree requirements. Sec. 98 -107. Clearcutting of trees. Clearcutting of trees (i.e., agriculture, timber or pulpwood harvesting) is strictly prohibited. For the purposes of this section, cearcutting is the removal, in total or in part, of a stand of trees from a parcel or tract of land. Forestry practices known to provide substantial benefits or protection and that conforms to the city's environmental preservation standards may be allowed with a plan by the state forest service, other professional forester or other related field, and with the approval of the City Council. ARTICLE V. NONCONFORMING LANDSCAPE AREAS Sec. 98 -136. Variance procedure. (a) This article is not intended to cause undue hardship to those individuals or corporations who can show that the requirements outlined, in this article will reduce required parking, or restrict 34 in any way the operations of the business or property's use. (b) The variance procedure for standards of this article shall be the same as outlined in section 98 -36. Sec. 98 -137. Nonconforming areas. (a) Any parcel of land which is the subject of a current valid development order or upon which a structure has been erected prior to the effective date of the ordinance from which this chat ter section derives sha» not 1-t- -required to nnnfnrm to the rPnniramPnto and ramtlatinnc nfthio rlt�n +P. PvnPnt fnr t11noP rPn177YPm Pn +O onrl rt-mtlotinno [frith rPOnPnt to moire +t-nannP of lanrlononPrl oraoo and rPmncpl of Pviot_n� nP�Ptotinn� and does not meet all or part of the minimum landscape requirements in this chapter shall be considered a legal nonconformity, with the exception of sites that have been modified without City approval. The City shall use approved landscape plans or development orders as the minimum landscape installation standard and requirement for a developed site. If an approved landscape plan is not on file with the City, the existing landscaping becomes a living plan of record and as such has the same standards and protection as allowed under provisions set forth in this chapter, similar to a document filed with the city. Nonconforming areas are not exempt from minimum maintenance standards. (b) If an applicant for an amendment to the site plan, PUD, PCD or site plan within a PCD returns to the city at any time to receive approval to amend the approved site plan, the approving authority shall at the time of the final approval require the nonconforming landscaping and open space to comply with this chapter, or through a variance or waiver request meet the intent of this chapter. The following types of amendments to the, site plan shall require the L- a! review of the landscape plan for the entire site using the minimum landscape standards in this chapter: (1) The total square footage of any building or open space by more than five percent; (2) The number of structures; (3) The number of residential dwelling units; (4) The building height of any building; (5) The traffic impact, required parking, or change in traffic circulation; or (6) Any major change to existing landscaping when there is no landscape plan of record approved by the City. !nl Tf the n[vn Pr of onv nnnrPOii7t-ntial i1PVPlnnPrl nrnnPrty nt tilt- time of oAl --inn of A— nrrlin 7nnP from [t rhinh thin nh�ntt-r r1Pri[rt-o h to nn nnnrn[rt-rl 1 tnrlonnnP n17n nn rt-nnrrl at tht- nit[r llnni orinntinn of the nr�iinannP from ilt-rilrPO the nrnnPrt[r chill Ile nlonPrl in a nnnnnnfnrminrr otntllo Ti, X11 lilrPlihnnll nnnrPOiilPntial httilriinnc nnnott- v-fi -rl nrinr to +ht- Olinrtt-r nr }lttt'lt 11Pt1[rPPn the \rPnrr L of 1 QSQ and 10'70 moor fall ;stn this nlaoo;f;na +inn ThP mainr nnnrPOirlPntiol nnrri rinrc that macr nun +sin stn 7nfi.rPO [. rith nnf annrncrPrl lonrlonanP nlano fall olnnrt 1�TnrfhloUP RnnlPVnrrl Adilitorcr Trail U(lA Rro.lPCrorrl Rnro 1?norl T?;.rarcirlP Tirivp onrl Trnncvnnrl Anarj !11 T Tnnn arinntinn of flip nrrlinannP from [xrhinh this nhantpr rlPrivpc flip n;tcr shall nun +ant th�� n[.rn PYO h[r nPrfl f;P� lPftPr of all nnnrPCl/1Pnfia1 AA[ lnru-A lnnrl ii4fl—i77t annrnxrPrl lanrlonann nlano fnr onnh rlPVpinnPri nrnnPrfcr that fl A lanri io hpinn nlanprl ;n a nnnnnnfnrm ;nrr ota+uS T1,P ncxmpr of nnnnnnfnrminn nrnnPrty oholl have t[xrn crPnro frnm flip rinfP of fhn nnnnnnfnrmir.rr nnf;nP fn nmm�lcr [[r; +h thn rnn..;rPmPnfc oP+ fnrfh i., this canfinr. 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T.'anh lanrionana nrPa -- -- - ----------�--- __ »_- _- -- -- - »-- » -_ »Y _ . » -- r »--- - --a ohnll nnntain a minimum of �(� onnarP fPPt nnntain n minimum of nnP frPP and inonfnr no nnooihla shall hp lnnntPll nnifnrmly thrnn rthnnf tha narlrinrt area Thp halanna of tha nrpa c1ia11 n -ntnin nrnoo -- a All lnnr-lonn",- otrino ohall xxrhan n nnrlrinrt c nnP liar immprlinfPlxr a(lxanant thPrptn hP nrntpnfPA hxr nnrho nr lvhppl ofnno (ai Thp minimum onanifinatinno anti maintPnnnnP no to fl:a livinrt nlnnt mnfprinl no rlPOnrihP�l 1111 this oPnftnn ohall hP flip onmP no rPn 1,;rPA xx 7lthln fhto nhantPr (C'PP opntlnno QQ- / / nnA 09-1 ()'1) SECTION 2. The City Clerk is hereby directed to ensure that the contents of this ordinance are codified in the Code of Ordinances. SECTION 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of the ordinance, but only that part declared to be invalid. SECTION 4. All ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 5. This ordinance shall be effective upon adoption. 37 PLACED ON FIRST READING THIS DAY OF _ PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, VICE MAYOR ATTEST: LINDA V. KOSIER, CMC CITY CLERK 1999. 1999. 1999. DAVID CLARK, COUNCILMAN ERIC JABLIN, COUNCILMAN CARL SABATELLO, COUNCILMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN CLARK COUNCILMAN JABLIN COUNCILMAN SABATELLO gALandscaping.doc 38 Attachment 1 "KEY PERSON" INTERVIEWS I. Individuals Interviewed A. Community Representatives Paul Angelo Ken Blair Tara Brown Joel Channing Siro DeGasperis Nancy Graham Rick Greene John Glidden Henry Skokowski Larry Smith Joe Russo B. City of Palm Beach Gardens Richard Diamond Roxanne Manning Kim Glas Mark Hendrickson H. Summary of Interviews (Summary of interviews begins on the following page) i. "KEY PERSON" INTERVIEWS Summary City of Palm Beach Gardens May 25 -26, June 3, and June 14, 1999 1. Decisions: provide criteria and standards to guide City commission decisions for planned unit developments, PCDs, architectural guidelines, etc. 2. Compliance by City: require City to meet all code requirements for all City- initiated construction, landscaping, etc. 3. City/resident/development industry: enhance cooperative efforts, such as evidenced during review /approval of office building at entrance of PGA national 4. Appearance: enhance /increase esthetic controls to assist in maintaining City standards and reputation S. PGA Boulevard: provide City specifications and details for brick and paver accents, sidewalks, lighting, etc. 6. Neighborhood planning initiatives: ensure land development regulations reflect any concrete action taken by City 7. Provide general architectural guidelines I . avoid specific architectural styles 2. use of "pattern books" to identify desirable architectural elements to utilize in design and review of proposed buildings 3. require use of specific types of elements (windows, entries, roofs, details, etc.) 4. encourage compliance with architectural standards without eliminating flexibility in design 5. human and pedestrian scale 6. pedestrian orientation, including wider (6 - 8 feet) sidewalks, and on /off site pedestrian linkages 7. require perspectives /elevations on all four sides — avoid design features that may not be compatible 8. building orientation on lot - entry to face major pedestrian/vehicular access ways 9. avoid buildings with "back" to pedestrian/vehicular areas 10. reduce parking in front of buildings 11. prohibit glass curtain walls 12. specify general types of materials for building facades, roofing, and window materials 13. clarify process to ensure architectural requirements of an approval are reflected in plans submitted to and reviewed by building division 14. ensure field changes do not change architectural elements /style required by approval 15. require affidavit on building plans that the "permit set" of plans are consistent with all architectural requirements -1- 16. will buildings undergoing renovation be required to undergo architectural review 17. suggested elements of residential architectural standards include no garages facing primary streets, narrow streets, extensive use of traffic calming devices, use of on- street parking, sidewalks 6 - 8 feet in width, reduce front setbacks, consider reduction in side setbacks for certain types of units, and allow maximum flexibility for design consistent with adopted standards 8. Enhancerncrease building - related esthetic controls: I . equal architectural treatment on all sides 2. big box retail - retain maximum size limitation of 50,000 square feet — especially along PGA Boulevard 3. big box retail — too much parking, consider use of structured parking 4. convenience stores: strengthen design and related criteria S. ensure protection of residential uses abutting nonresidential projects 6. ensure screening of ground- and roof - mounted mechanical equipment on all four sides 7. avoid use of standard corporate designs, colors, architecture, etc. 9. Improve overall format: I. tables 2. graphics 3. better print style 4. more "white space" in text S. less repetition of same information (consolidate similar requirements) 6. better table of contents 7. index 10. Process and Applications: I . difficulty in receiving timely response from City consultants 2. overall process comments favorable or neutral, but time necessary to obtain approval was mentioned 3. ensure applications show all easements, utilities, paving drainage, etc.., and impact on landscaping, open space, and natural preserve areas 4. allow concurrent processing of small scale land use /zoning/site plan applications S. too much subjectively, any means to reduce subjectively or to increase use by right projects subject only to code requirements 6. clarify definition of "significant change" in PUD section 7. clarify procedures for administrative changes versus changes to be granted by City Council 8. eliminate reference in code to SP&ARC — responsibilities now handled by P&Z 9. why does administrative approval process allow a reduction in the number of required parking spaces without seeking a variance 10. how to assign the appropriate zoning district, for comparison purposes, for PUDs/PCDs when there are more than one implementing districts 11. how to establish general criteria for waivers, including compatibility, lack of adverse impact, no major increase in square footage, no loss of compatibility with adjacent IPA properties, similarity of project with adjacent properties, no drainage impacts, etc. 12. require pre - application meetings with all public and private agency representatives, for projects of a certain size 11. Concurrency Management I . allow for separate submission of traffic studies outside of City's concurrency management program 2. allow utility capacity reservation fees to be paid following City commission approval, rather than as part of overall application 3. consider use of an overall TCEA for much of City along the PGA/Alternate AI A/Military Trail/Turnpike corridor 4. clarify how "priority" or "standing" is determined for an application, especially as it relates to traffic approval 5. ensure LOS standards in code accurately and clearly reflect comp plan 12. "Use ItAose It" I . "use it/lose it" provisions are too tight, provide better or more liberal extension criteria 2. allow reduction of use it/lose it threshold from current 100% monitoring to termination of monitoring once a project is 75 - 80 % completed 3. should new regulations apply to unbuilt portions of a PUD/PCD 4. enhance overall monitoring process and review by City Council 13. Uses: I . eliminate "mega" uses from residential zoning districts (churches, schools, etc..) 2. home occupations OK — ensure minimal neighborhood impact, ensure land development regulations sufficient to minimize impacts, and especially no commercial uses in residential zoning districts 3. treat uses with similar characteristics the same (such as furniture making/carpentry) 4. provide standards for both standard and multistory, limited access self service storage facilities 5. provide standards for extended stay hotels 6. mega- churches — require certain % of parking be grassed 7. private schools — ensure adequate pick up /drop off facilities 8. nonresidential accessory sales OK as long as there is no visible advertising 9. are convenience stores an OK uses, especially with buffering, architectural controls, and sign controls 10. prohibit big box users along PGA Boulevard 11. do CLFs provide more demand on City services, and should there be some form of adjustment in impact or service fees 12. prohibit "large scale" churches, more than 500 seats, in residential zoning districts 13. can we differentiate between "standard" retail and "auto- oriented" retail such as fast food restaurants, stores with drive -in windows, etc. 14. prohibit drive -in /drive- through facilities along major corridors 14. Incentives I . can or will the City allow for architectural design to be a reason for granting an -3- increase in density 2. can or will the City allow for a reduction, via shared parking, in parking as an incentive for better architectural design 15. Planned unit developments: I . general consensus to maintain in land development regulations 2. retain flexibility as currently practiced 3. PUDs: retain flexibility — do not openly compare to most similar straight zoning district 4. if necessary, establish overall development requirements within the PUD district 5. determine nature of "underlying" zoning district 6. determine if PUD to remain a separate zoning district 7. what are permitted uses in PUD with no site plan approval 8. what is implementing district for PDAs 9. Planned unit developments — what are underlying permitted uses 10. consider establishment of overall property development regulations for PUDs if retained as a separate zoning district 11. consider establishment of overall setback requirements for PUDs 12. allow community serving retail /commercial /personal service uses within PUDs as long as not located along major thoroughfares 13. ensure City Council is granted authority to grant dimensional and non - dimensional ( parking AoadingAandscapingAighting) waivers within PUDs 14. allow easier transfer of density between pods of an approved PUD 15. encourage use of multiple vehicle access points for PUDs — and perhaps change traffic concurrency rules to encourage enhanced traffic flow even if certain vehicular access points violate or "trip" LOS standards 16. PCDs/PDAs 1. PCDs — retain flexibility, but ensure individual parcels always are consistent with overall master plan 2. PCDs — ensure individual parcels are not considered Planned unit developments for purposes of processing 3. waivers: clarify what type of waiver (e.g. waiver of application requirement or waiver of development standard) and ensure such requests do not automatically require approval of waiver prior to consideration of entire application 4. provide specific standards for substantive waivers in PCDs 5. consider establishment of overall property development regulations for PCDs if retained as a separate zoning district 6. PCDs: how are changes to master plan /parcel plans to be accommodated — waiver or variance 7. encourage use of multiple vehicle access points for PCDs — and perhaps change traffic concurrency rules to encourage enhanced traffic flow even if certain vehicular access points violate or "trip" LOS standards 8. provide underlying uses and regulations for areas zoned PDA 9. -4- 17. Mixed uses: I . enhance and encourage this concept 2. avoid too much specificity, such as mandating minimum building heights or mandating percentages of uses 3. is comp plan language too detailed and too restrictive 4. consider use of performance standards, such as internal trip capture, minimum % of different users, internal circulation, pedestrian circulation, horizontal and vertical integration of uses, compatibility, etc. 5. need to establish overall property development regulations such as floor area ratio, lot coverage, setbacks, stepbacks, height, lot size, etc. 6. how to calculate land use percentages in current City requirements, especially when structures are more than one floor 18. Zoning districts: I . consider increase in building height — from 35' to 45'- to allow higher ceilings for 2nd and 3`d floors 2. retain roof height measurement at 1/2 of roof elevation (between eave and ridge) 3. reduce retail building separation from 12' to 10' 4. eliminate curbing requirement for residential parking medians 5. reduce rear setback requirements for dwelling units abutting a permanent common areas such as a lakes, canals, preserves, recreation areas, opens space, etc. 19. Landscaping I . retain strong standards, strengthen where necessary 2. retain point system 3. "truth in planting" to accurately show type /size/location of materials at planting — would be OK to have another submittal showing materials after 3/5/7 or other period 4. increase requirements for height/size of materials at planting 5. how to accommodate seasonal/temporary shortages of acceptable materials 6. how to accommodate change in /substitution of species 7. retain 60' view corridors as means to reduce potential for unwanted pruning 8. how to accommodate CPTED concepts into landscape plan 9. overall land requirements resulting from parkway and upland set asides are somewhat excessive, and density/intensity credit should be granted when such land area is provided 10. use of meandered sidewalks in corridors 11. too much material required — results in future problems /mortality of materials 12. eliminate or reduce multiple use of designated landscaping areas for underground utilities, drainage, overhead power lines, and other uses which adversely affect ultimate health of materials 13. encourage use of larger sizes of materials when landscaping is planted 20. Environmental: I . is definition of "quality upland preserve" too broad — especially as it relates to land that can be returned to a natural state — and as definition affects 25% set aside 2. how to accommodate 25% set aside parcels that may become isolated -5- I . ensure planned unit developments and other City commission actions provide sufficient direction for developer/POA maintenance responsibilities 2. consider in -lieu payment to City on annual basis 3. consider MSTU /similar district to pay for maintenance of public R -O -Ws 26. Floor area ratio: consider as part of property development regulations to limit intensity 27. Accessory uses: retain prohibition against freestanding sheds 28. WCI /City: what happens if City- approved plan is different than a WO-approved plan 29. Good/bad projects: I . good — PBG Community Center, Stiles building, Toys R Us, 2. bad —PGA medical office building at west end of Gardens Mall, Mil -Lake Plaza & Sunny Plaza (both straight zoned) H 3. how to use TDR concept for transfer of money or land outside of parcel affected by a zoning petition — especially sending area /receiving area 4. standards for "in lieu" payment/land dedication — especially if natural areas are different (piney flatwood versus wetlands) 5. ensure 25% set aside is defined as "best" available land 6. concern if 25% set aside is too much property — especially with all other requirements such as drainage 21. Parking: I . parking ratios in shopping centers should be clarified as to overall method of calculation, especially for separate or freestanding uses such as restaurants 2. consider use of shared parking provisions for complementary land uses 3. consider use of off-site parking provisions, especially when committed to a 4. long term lease /contract (25 years) 5. increase minimum parking requirements for medical uses 6. consider allowing valet parking — ensure that adequate circulation exists prior to approval 7. eliminate use of "number of employees" in calculation to determine overall parking requirements 8. consider allowing use of reserved parking 9. are guest parking requirements sufficient 22. Lighting. I . need for overall control of site lighting 2. do not require excessively detailed site lighting plans at application 3. include soffit, roof, security, pole - mounted, landscape, building mounted, etc.., lighting plans 23. Signs: I . retain current limits 2. review "by right" sign requirements 3. determine how to accommodate current nonconforming sign removal criteria 24. Nonconformities: Amortize existing nonconforming uses or have them come into compliance — subject to an overall schedule 25. Medians/R -O -Ws: I . ensure planned unit developments and other City commission actions provide sufficient direction for developer/POA maintenance responsibilities 2. consider in -lieu payment to City on annual basis 3. consider MSTU /similar district to pay for maintenance of public R -O -Ws 26. Floor area ratio: consider as part of property development regulations to limit intensity 27. Accessory uses: retain prohibition against freestanding sheds 28. WCI /City: what happens if City- approved plan is different than a WO-approved plan 29. Good/bad projects: I . good — PBG Community Center, Stiles building, Toys R Us, 2. bad —PGA medical office building at west end of Gardens Mall, Mil -Lake Plaza & Sunny Plaza (both straight zoned) H 30. General appearance requirements: I . retain current code enforcement provisions 2. retain language re parking of boats, trucks, rec. vehicles, etc., in residential zoning districts — educate community as to property value benefits of enforcement 3. City should maintain and enhance code enforcement activities 31. Building Codes I . will new state building code have an adverse impact on redevelopment of existing buildings /structures keypersons. I -7- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 4, 1999 Date Prepared: October 5, 1999 SUBJECT /AGENDA ITEM: First Reading of Ordinance 45, 1999 (Petition MISC- 99 -30), a request for an amendment to the elevation of the models and the identification sign approved for the Lone Pine development through the adoption of Ordinance 12, 1998 (see attachment). (32 -41 S-43E) RECOMMENDATION /MOTION: Staff recommends approval of Ordinance 45, 1999 with one condition. Reviewed by: W Originating Dept.: Costs: $ 0 Council Action: Z City Attorney Growth Management Total [ ] Approved Finance N/A $ 0 [ ]Approved w /conditions ACM JGIi Human Res. N/A Advertised: N/A Other N/A Date: Paper: Submitted by: [ ] Not Required Department Difector Affected parties Approved by: [ ] Notified City Manager [ ] Not required BACKGROUND: Current FY Funding Source: [ ] Operating [ ] Other N/A Budget Acct. #: [ ] Denied [ ] Continued to: Attachments: Ordinance 12, 1998 [ ] None Robert Bentz, agent for M/1 Homes Inc. is requesting an amendment to the approved elevations and the entry sign for the Lone Pine project. The project was approved on January 7, 1999 by Ordinance 12, 1998. The approval was for a rezoning from PDA, Planned Development Area to PUD, Planned Unit Development for the construction of 43 single - family homes on 14.47 -acres of land located at the northeast corner of Lone Pine Road and Easterly Avenue. 1 Mayor and City Council Petition Misc -99 -30 Page 2 Date: October 5, 1999 The site is bounded to the north by vacant land zoned PDA, Planned Development Area with a land use designation of RL, Residential Low. To the south is D.D. Eisenhower School located in the unincorporated Palm Beach County. To the east is vacant land located in the unincorporated Palm Beach County, and to the west is a residential subdivision called Cabana Colony, also located in unincorporated Palm Beach County. REVIEW PROCESS: This request has been classified as a Miscellaneous petition since the development review processes outlined in Section 118 are not applicable. The changes are greater than can be approved administratively and less than what would be considered as a major amendment to the Planned Unit Development. The City Council has the authority to approve the request, approve with conditions, or deny the request. PROJECT DETAILS: The original proposal was for 43 one and two story, four (4) bedroom homes with two typical models ranging from 3,005 square feet to 4,065 square feet. With this petition, the applicant is requesting the approval of eight one and two story, three (3), four (4), five (5) bedroom models ranging from 2,534 square feet to 4,588 square feet (see table). The elevation and colors are very similar to the "Bent Tree" project, also developed by M/I Homes. There are Twelve (12) color combinations proposed with this petition. The colors are pastel consisting of gray, beige, peach, yellow, and white (see table). In addition, the petitioner is proposing to amend the project identification sign to the project. The message of the sign is proposed to be amended from "Lone Pine" to "Prosperity Pines ". The overall elevations and location are similar to the approved sign. The petitioner is not proposing changes to the lots, buffers, streets, amenities, or any other aspect of the project. N Mayor and City Council Petition Misc -99 -30 Date: October 5, 1999 Page 3 STAFF COMMENTS: Staff has no objections to the proposed amendments STAFF RECOMMENDATION: Staff recommends approval of Ordinance 45, 1999 with the following condition: All of the conditions of approval for Ordinance 12,1998 shall be applicable to Ordinance 45,1999. 3 � � n � B � �� ""� :� .� �_ b -A m O "S O a� V I� I�: :' i ■111'1 "Z T __ ,�� �. I. � o __ � m IM I Cl) K 70 rn n r m 0 z 0 Cf) 0 a m 'D (j) ,n 0 z G) z S2 Cl) K 0 O z 10 10. )0; .0 ...... .... � o __ � m IM I Cl) K 70 rn n r m 0 z 0 Cf) 0 a m 'D (j) ,n 0 z G) z S2 Cl) K 0 O z 10 10. )0; .0 LOCATION MAP L ORDINANCE 45,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO ORDINANCE 12,1998 APPROVING A PUD TO AMEND THE ELEVATIONS AND SIGNAGE FOR THE LONE PINE PROJECT LOCATED AT THE NORTHEAST CORNER OF LONE PINE ROAD AND EASTERLY AVENUE, 1/2 MILE WEST OF PROSPERITY FARMS ROAD; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 12, 1998 approved the original request for Planned unit Development consisting of 14.47 acres; and WHEREAS, the City of Palm Beach Gardens received a petition from M/I Homes Inc. Corporation for an amendment to the approved elevations and entry sign for the Lone Pine project containing 14.47 acres, located at the northeast corner of Lone Pine Road and Easterly Avenue; WHEREAS, the 14.47 acres of land involved is presently zoned as Planned Unit Development (PUD) with a land use designation of Residential Low (RL); WHEREAS, the Growth Management Department has reviewed said petition and determined that is sufficient; and WHEREAS, the amendment is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to Ordinance 12, 1998 approving a PUD to amend the elevations and signage for the Lone Pine project located at the northeast corner of Lone Pine Road and Easterly Avenue, 1/2 mile west of Prosperity Farms Road. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: All of the conditions of approval for Ordinance 12, 1998 shall be applicable to Ordinance 45, 1999. SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. June 30, 1997 Model Bordeaux by M/I Homes, Sheet IAR of 5, 1Brof 5, 1 C of 52R of 5, 3R of 5. 2. June 27, 1996 Model Bordeaux by M/I Homes, Sheets IAL of 5, 1 B of 5, 1 C of 5, 2L of 5, 3L of 5. 3. October 10, 1996 Model Game room Bordeaux by M/I Homes, Sheets IAGL of 5, 1BGL of 5, 1CGL of 5, 2L of 5, 3L of 5. 4. February 10, 1997 Model Pinehurst by M/I Homes Sheets 1 AR of 5, 1 BR of 5, 2R of 5, 3R of 5. 5. February 10, 1997 Model Pinehurst by M/I Homes Sheets IAL of 5, 1131, of 5, 2L of 5, 3L of 5. 6. August 18, 1999 Model Pinehurst II by M/I Homes Sheets 1 of 4 (3 sheets), 2 of 4, 4 of 4. 7. December 15, 1997 Model San Marino by M/I Homes, Sheets 1 A of 6. 8. November 15, 1996 Model San Marino by M/I Homes, 1BR of 5. 9. November 30, 1994 Model San Marino by M/I Homes 1 CR of 6. 10. March 20, 1996 Model San Marino by M/I Homes, 3 R of 6. 11. December 30, 1996 Model San Marino by M/I Homes, 4 R of 6. 12. December 15, 1997 Model San Marino by M/I Homes, Sheet IAL of 6. 13. November 15, 1996, Model San Marino by M/I Homes, Sheet 1BL of 5. 14. December 15, 1997, Model San Marino by M/I Homes, Sheets 1 CL of 6, 3 L of 6. 15. November 30, 1994, Model San Marino by M/I Homes, Sheet 4 L of 6. 16. June 17, 1997, Model Madrid by M/I Homes, Sheet IAL of 4. 17. January 27, 1997, Model Madrid by M/I Homes, Sheets 1 BL of 4, 1 CL of 4. 18. December 23, 1998, Model Madrid by M/I Homes, Sheet 2L of 4. 19. June 17, 1997, Model Madrid by M/I Homes, Sheet 1 AR of 4. 20. January 27, 1997 Model Madrid by M/I Homes, Sheet 1 BR of 4, 1 CR of 4, 2R of 4. 21. January 15, 1997, Model Seaside by M/I Homes, Sheets IAL of 4, 1 B of 4, 2L of 4. 22. January 15, 1997, Model Seaside by M/I Homes, Sheets IAR of 4, 1 B of 4, 2R of 4. 23. April 22, 1998, Model Stanford by M/I Homes, Sheets 1 AL of 5, 1 BL of 5, 1 CL of 5, 2L of 5, 3L of 5. 24. April 22, 1998, Model Stanford by M/I Homes, Sheets IAR of 5, 1 B of 5, 25. March 25, 1998, Model Stanford by M/I Homes, Sheet 1CR of 5. 26. March 26, 1998, Model Stanford by M/I Homes, Sheet 2R of 5. 27. June 18, 1998 Model Stanford by M/I Homes, Sheet 3R of 5. 28. March 25, 1998, Model Stanford by M/I Homes, Sheet 1 CL of 5. 29. March 26, 1998, Model Stanford by M/I Homes, Sheet 2L of 5. 30. May 18, 1998, Model Stanford by M/I Homes, Sheet 3L of 5. 31. August 3, 1999, Signage Elevation by Land Design South, 1 Sheet. 32. New Homes Custom Color Selections by M/I Homes. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF '1999. PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: 1999. 1999. COUNCILMAN CARL SABATELLO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO _ VICE MAYOR FURTADO _ COUNCILMAN SABATELLO _ COUNCILMAN JABLIN _ COUNCILMAN CLARK November 25, 1998 ORDINANCE 12, 1998 AN ORDINANCE OF THE CITY COUNCIL OF TAE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR REZONING OF 14.47 -ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF LONE PINE ROAD AND EASTERLY AVENUE, V7. MILE WEST OF PROSPERITY FARMS ROAD TO A PLANNED UNIT DEVELOPMENT, IN ORDER TO CONSTRUCT 43 SINGLE FAMILY HOMES; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Pulte Home Corporation for rezoning of 14.47 acres of land located at the northeast corner of Lone Pine Road and Easterly Avenue to a Planned Unit Development; WHEREAS, the 14.47 acres of land involved is presently zoned as Planned Development Area (PDA) with a land use designation of Residential Low (RL); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the rezoning is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of 14.47 acres located at the northeast corner of Lone Pine Road and Easterly Avenue, '/s mile west of Prosperity Farms Road from Planned Development Area to Planned Unit Development, in order to construct 43 single family homes, to be known as Lone Pine. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and /or assigns: Prior to construction plan approval, the applicant shall provide grading/swale details and water quantity /quality calculations to the satisfaction of the City Engineer. (City Engineer) 2. Prior to the issuance of the first Building Permit and at all times until final Certificate of Ordinance 12, 1998 Occupancy is issued, and I "x 17" sign provided by the School District shall be posted in a clear and visible location in all sales offices and models with the following: "School age children in this development may not be assigned to the public school closest to their residence. School District policies regarding overcrowding, racial balancing or other boundary policy decisions affect school boundaries. Please contact the Palm Beach County School District Boundary Office at (561)434 -8100 to verify the most current school assignment(s) for the house addresses in this development. "(School Board) 3. Identical models, elevations, and color packages shall not be constructed next to or directly across the street from each other.(Planning &Zoning) 4. Prior to construction plan approval, the applicant shall secure an approved permit from Palm Beach County Traffic Division for the signalization and signage of the proposed school crossing at Lone Pine Road.(City Engineer) 5. Prior to construction plan approval, the applicant shall submit for review and approval a detail of the retaining wall and supporting calculations certified by a structural engineer.(City Engineer) 6. The applicant shall remove all exotic invasive vegetation within the canal easement north of their property line to the water's edge and east to west to their project's terminus. The applicant shall be responsible for obtaining any Palm Beach County permits for said work. The removal work shall be completed prior to issuance of the Certificate of Occupancy for the first house adjacent to the northern property line.(City Forester) Prior to construction plan approval, the applicant shall provide a detail and elevation of the lift station showing the proposed landscaping buffer and fence enclosure. (City Engineer) 8. Prior to the construction plan approval, the applicant shall provide a copy of documentation properly recorded in the public record abandoning the existing 20 -foot drainage easement and dedicating the new /relocated 20 -foot drainage easement. Also, the applicant shall provide a letter of authorization from the appropriate entity allowing the applicant to pave and landscape within the 20 -foot drainage easement. (City Engineer) 9. In the event the temporary sales trailer is in service for more than three years from the adoption of this Ordinance, the parking lot designated for the sales trailer, shall be paved in accordance with LDR Section 114 -206 of the City's Code. (City Engineer) 10. Prior to the construction plan approval, the applicant shall revise the lift station utility easement from 20' to 30' on the Drainage Plan to be consistent with the Site Plan Ordinance 12, 1998 2. i 11. Prior to construction plan approval, the applicant shall provide verification that the overhead utilities have been removed.(City Engineer) 12. Prior to construction plan approval, the applicant shall provide a copy of the recorded documentation of the access easement at the southwest corner of the property encompassing a portion of Easterly Avenue per the Site Plan.(City Engineer) 13. Prior to construction plan approval, the applicant will need to provide verification that the Adelphia cable TV box has been removed.(City Engineer) 14. Prior to the Issuance of the first Building Permit, the applicant shall convey to the County or the City an access easement over the 33 -foot open space strip on the western end of the project for the purpose of a pedestrian greenway connection from Eisenhower Elementary School to Frenchman's Forest natural area.(Planning & Zoning) 15. The total recreational impact fee for the project is $64,343.05, the sum of $34,792.22 is required to be payed prior to the issuance of the first Building Permit, the remaining amount of $29,550.83 shall be payed in installments of $1,477.55 prior to the issuance of Building Permit for each unit starting the 23rd unit. SECTION 3. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. November 20, 1998 Site Plan by Land Design South, 1 Sheet. 2. November 20, 1998 Landscape Plan by Land Design South, Sheets 1 of 3 and 2 of 3. 3. November 20, 1998 Landscape Details by Land Design South, Sheet 3 of 3. 4. November 20, 1998 Signage Elevation by Land Design South, 1 Sheet. 5. September 15, 1998 Photometric Lighting Plan by Lighting Dynamics, Sheet 4,5,6,7 of 7. 6. September 18, 1998 Irrigation Plan by Land Design South, 1 Sheet. 7. March 15, 1998 and December 10, 1997 Elevations by Troy Ammons Architect and Pulte Master Builder, Sheets A101, A201, A202, A203, A3, A4, AT 1, A7.2, A7.3. 8. October 7, 1998 Lone Pine Exterior Colors samples. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS %DAY OF , 1999. PASSED AND ADOPTED THIS DAY OF 1999 Ordinance 12, 1998 t RUSSO f = �- VICE MAYOR LAUREN FURTADO ATTEST: C). COUNC ATELLO COUNCr6�N 7Ef-RUAB IN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMCC,, CITY CLE AND SUFFICIIEENCY. ✓ J �--fTY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO -- VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Ordinance 12, 1998 51 h ocT.18.1999 .1 :29PM kLI F 1) October 18,1999 LBFH -WPB NO. 421 P.2/8 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS VIA FACSIMILE TRANSMISSION & U,S. MAIL Carole Post City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens., Florida 33410 Re: Notice of Intent Documents Required by Section 197.3632, Florida Statutes Dear Ms. Post: In anticipation that the City of Palm Beach Gardens (the "City's may consider the development of an assessment program to fund stormwater management services within the City next year, we have prepared the fallowing enclosed documents related to the use of the tax bill collection method. 1. A form of Notice of Intent for the potential non -ad valorem assessment program which should be published in a newspaper of general circulation in order to use the uniform method of collection; and 2. A form of Resolution concerning the potential use of the uniform method to collect non-ad valorem assessments. Section 197,3632, Florida Statutes, requires that the City hold ® public hearing and adopt a resolution of intent to use the uniform method of collection for any assessment program in the calendar year prior to any such collection. The resolution, which does not obligate the City to use the method or impose a special assessment, must be adopted by January 1 and sent to the Palm Beach County Tax Collector, the palm Beach County Property Appraiser and the Florida Department of Revenue by January 10. if the Palm Beach County Property Appraiser and the Palm Beach County Tax Collector agree, adoption of the resolution can occur as late as March 1st. However, we strongly recommend to you that the City adopt the resolution prior to January 1 st, as the consent of the Palm Beach County Property Appraiser and the Palm Beach County Tax Collector is not required when the adoption occurs prior to . January 1. As well, section 197.3632 requires notice of the public hearing to adopt the resolution of intent for the four consecutive weeks immediately before the date of the hearing. Ploase note that we have assumed a public hearing date for the resolution of Intent adoption of December 16, 1999. Should the City decide to change the date of the public hearing, the 2090 PALM BEACH LAKE9 BOULEVARD, SUITE 600 • WEST PALM BEACH FLORIDA 93409 P (661) 684 -3875 a FAX: (561) 689.8631 httpJ /rnMrrlblh.corrt ■ a -maq: wsstp�Irri�iMh.com PALM CITY WEST OALM BEACH FORT PIERCE OKEECHOSEE 2'd SH3GdU9 HDU39 W1Ud Wd93:E9 66, 9T 130 OCT.18.1999 1!29PM LBFH -WPB Carole Post October 18, 1999 Page 2 N0.421 P.3/2 publication dates for the notice should also be changed to conform with the aforamentioned requirement. We have prepared a notice and form of resolution for the City which specifically references the potential stormwater management services and facilities assessment program and reserves to the City the ability to impose assessments in the Incorporated area. This package only assists the City in meeting statutory notice requirements necessary to preserve this collection approach. To reiterate, this resolution is non- binding' and the City may reduce the areas covered by any future assessments or decide not to go forward with the assessment program at a later date. By adopting the attached resolution, the City Is simply reserving the right to use the tax bill collection method beginning in November of 2000. If you have any questions regarding these documents, please contact either myself or Karen Brandon at 684 -3376. Sincerely, LINDAHL, BROWNING, FERRARI & HELLSTROM, INC, 6-D- 6AJ4-y%— 417L Daniel P. Clark, P.E. DPC/dw Enclosures cc: Lennart Lindahl Tom Branham. GSG *W00r0W8 *4aU;F4Wwroriftof4momaco d SH3Qdd9 HOH39 WiUd Wd9Z :80 66, 8T 190 1\ N r i V1 = O d L A°°'E E o E m ° 1 2 O L o o-E aV :3c jx W � -� L L . ca d N _ LPL �J :t.! CL d M LLJ rn � cn `m om >+r O t ` ZE (� c O O cu — D �CE� CD 0 �___ °= °ou0 i6 Q- ,� E N U Q U U d co (D 0 cc E 'O A E N .O 'p .- 0 d a Z Q U (o 20-4.1 0 U •v mo av O L� H O Z .F. W G 3 U�cr Q! 1� 1� a cu E ca a. 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This request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: COMMENTS FROM THE PUBLIC Request to Address City Council 0 ./ N �' L S N,E r2 Address* ¢6 S / 10 ZZ y d2 City:'• . �r Subject: '04,411V 5,-ro G - Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ".. This request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.