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Agenda Council Agenda 111998
All 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. LOCAL PLANNING AGENCY CITY OF PALM BEACH GARDENS NOVEMBER 19,199S 7:30 P.M. I. PLEDGE OF ALLEGIANCE, II. ROLL CALL: Mayor Joseph Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman D vi 1 ouncilman Carl Sabatello III. PUBLIC HEARINGS: 1. Small Scale Land Use Change - The Commons Parcel No. 1. daAh k-1 2. Small Scale Land Use Change - The Commons Parcel No. 2 &-. I = —� 3. Small Scale Land Use Change - The Commons Parcel No. 3 IV. ADJOURNMENT. CITY COUNCIL CITY OF PALM BEACH GARDENS REGULAR MEETING NOVEMBER 19,1998 Subsequent to the Adjournment of the Local Planning Agency Meeting e I. ROLL CALL: 44ayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin ouncilman David Clark and Councilman Carl Sabatello. II. ANNOUNCEMENTS: Tuesday, 11/24/98, 6:30 P.M., Planning and Zoning Commission Monday, 11/30/98, 5:30 P.M., Art Advisory Committee Thursday, 11/26/98 and Friday, 11/27/98, Administrative Offices Closed in Observance of Thanksgiving Holidays —� III. CITY MANAGER REPORT: IV. PRESENTATIONS: 1. Fire Inspector of the Year V. AWARDING OF BIDS: 1. Awarding of Bid for Playground Equipment C&LL), k� cc-do VI. ITEMS BY MAYOR AND COUNCIL: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VIII. CONSENT AGENDA: Consideration of Approval of 10/29/98 City Council Workshop Meeting Minutes Consideration of Approval of 11/5/98 City Council Regular Meeting Minutes Resolution 120, 1998 - Consideration of approval of an amendment to The Oaks PUD, known as The Oaks Center, to Eliminate the Second Story Space in the Easternmost Building, the Addition of 2 Decorative Towers and Connecting 3 Buildings. Resolution 125, 1998 - Consideration of Approval of BallenIsles Pod 8B Plat. Resolution 126, 1998 - Consideration of Approval to appoint the Mayor as the City's representative to the Business Advisory Board of the Five Star Magnet Program at Palm Beach Gardens Community High School. PUBLIC HEARINGS: 1. Notice of Proposed Change to the PGA National Resort Community Development of Regional Impact. (Public Hearing, adv. 11/4/98) X. RESOLUTIONS: Resolution 127, 1998 - Providing for Amendment to the Site Plan for Parcel 7, St. Martin, Located Within the BallenIsles PCD, for Entry Feature and Signage. XI. ORDINANCES: (For Consideration of First Reading) Ordinance 23, 1998 - Providing for an Amendment to the Comprehensive Plan of the City by Changing the Land Use Designation on 5.2 Acres of Land Located at the Southeast Corner of PGA Boulevard and Avenue of the PGA From Residential High (RI-I) to Mixed Use (MXD). (Consideration of First Reading) Ordinance 24, 1998 - Providing for an Amendment to the Comprehensive Plan of the City by Changing the Land Use Designation on 3.5 Acres of Land Located at the Southeast Corner of PGA Boulevard and Avenue of the PGA From Residential High (RH) to Mixed Use (MXD) and by Changing the Land Use Designation of .5 Acres Of Land Located at the southwest Corner of PGA Boulevard and Hickory Drive from Residential Medium (RM) to Mixed Use (MXD). (Consideration of First Reading) Ordinance 25, 1998 - Providing for an Amendment to the Comprehensive Plan of the City by Changing the Land Use Designation on 9.6 Acres of Land Located South of PGA Boulevard and East of Hickory Drive from Residential Medium (RM) to Mixed Use (MXD). (Consideration of First Reading) Ordinance 27, 1998 - Providing for an Amendment to the Fire Pension Plan (Consideration of First Reading) Ordinance 28, 1998 - Providing for Amendments to Section 66 -68 of the City's Code of Ordinances re: Occupational Licenses. (Consideration of First Reading) Ordinance 29, 1998 - Providing for Approval of Conditional use for the Construction of a Building for a Master Lift Station (Wastewater), Constructed in One Phase, totaling 1.387 Square Feet, to be Located on a 0.3 -Acre Site approximately 0.1 Miles North of the Intersection of PGA Boulevard and Alternate A 1 A, on the West Side of the Florida East Coast (FEC) Railroad Line. (Consideration of First Reading) Ordinance 30, 1998 - Providing for Amendment to the City's Sign Code re:Non- Conforming Signs (Consideration of First Reading) XII. ITEMS FOR COUNCIL ACTION: XHI. ITEMS FOR DISCUSSION: 1. The Commons Parcel No. 1 Site Plan for residential, general office, medical office, retail and restaurant uses, located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of the PGA. 2. The Commons Parcel No. 2 PUD for a mixed -use project with 17 residential units and 29,710 square feet of commercial business with 8 residential units above the businesses totaling 10,420 square feet, located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive. 3. The Commons Parcel No. 3 PUD for a mixed -use project with 53 residential units and 72,450 square feet of commercial business located on the south side of PGA Boulevard, immediately east of its intersection with Hickory Drive. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. I t,'30 P M In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (407) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. MEMORANDUM TO: Mayor and Members of the City Council FROM: Bobbie Herakovi #Manager DATE: November 17, 1998 SUBJECT: October Monthly Report The following lists accomplishments, by Department, for the month of October, 1998. ADMINISTRATION • Conducted 5 Department Head Meetings. • Attended 2 Regular Council Meetings, 1 Council Workshop • Chaired 1 Seacoast Board Meeting • Attended 2 Planning and Zoning Commission Meetings • Held 4 Engineering Consultant Meetings • Attended 1 Neighborhood Initiative Task Force Meeting • Attended 1 Homecoming Parade • Conducted Assistant City Manager Interviews • Attended Teen - Center Odysseyfest • Hosted P.B.G.H.S. Global Business Magnet • Attended ICMA Conference • Attended Dwyer Homecoming Held meetings with: • Consultant concerning fiscal impact of development of western Northlake corridor • Lyle Sumek, Teamwork • North County City Managers and Finance Directors • Golf Digest Representatives • R.D.C. Re: Tennis • Ray Casto Re: Municipal Complex • Kevin Rattigan Re: Municipal Complex • John Glidden Re: Lighting, Parkways and Plaza • Staff Re: P.B.A. Contract, Pension • Lee Worsham Re: Klock Property PUBLIC INFORMATION OFFICER The following catalogues, in summary format, activities for Public Information and Citizen Services for the month of October 1998. Public Information related activities: • Wrote and distributed 7 press releases. • Responded to three media requests for information. • Wrote article for PGA's monthly newsletter, Community News. • Wrote article for Jupiter Courier's yearly Fact Book. • Completed City Line and distributed to residents, businesses and employees. • Continued editing and revisions to Our Vision: A Strategic Plan; held two meetings with Graphic - Artists and printer. • Began writing and editing of Annual Report. • Coordinated with Marketing staff of Bloomingdale's for City's participation in Bloomingdale's "Decade of Success: Millennium of Dreams." Citizen Services related activities: • Held Thank you reception for members of the Neighborhood Initiative Task Force. • Continued compiling updated list of HOAs/POAs. • Attended Code Enforcement Training. • Attend meeting with Code Enforcement and Tanglewood staff. • Attended 2 HOA meetings: Town Oaks and Lake Catherine. • Attended 2 meetings on County pocket near Keating. • Attended 2 meetings on ACLF. • Attended meeting on coordination of implementing Newsrack Ordinance. • Processed 10 Special Event Applications. • Maintained Citizen Issue phone line, answering 162 calls. • Processed 53 complaints; closed 12. • Sent 3 letters of introduction to prospective volunteers, referred volunteer applicants to appropriate departments; interviewed volunteer City Photographer and processed time sheets of current volunteers. • Established FDLE account for background checks on Volunteers and processed three background checks using the account. • Met with Departments of Public Works, Human Resources, City Clerk, and City Manager's Office to gain input on Citywide Complaint system. • Met with MIS Manager to determine technical needs for Complaint software. • Reviewed and finalized decision for software for Citizen Issues; compiled list of department contacts for loading of complaint software. • Processed 4 purchases related to the BIG Program, which includes producing donation forms, letters and certificates, and tracking funds; purchases in October totaled: $800. Total program purchases: $8,800. • Developed marketing plan and fliers targeted to businesses for BIG Program. Employee Communication related activities: Wrote monthly City Manager letter to employees for inclusion in monthly employee newsletter. Presented overview of City and welcome from City Manager's office at monthly Employee Orientation. Created and distributed copies of "Construction news Highlights" for each department in order to keep employees up -to -date on the Municipal Complex construction. General activities: • Attended staff training on Leadership, Communication and Teamwork • Attended four Council meetings. • Attended four Department Head meetings. CITY CLERK • Processed 174 Lien Request Letters resulting in $870.00 in revenue. • Performed Notary Services for employees and public. • Sold 12 sets of Supplements to Code Book, resulting in $335.28 in revenue. • Answered Flood Zone inquiries. • Assisted various members of the public, in -house and phone calls with questions and direction. • Attended 2 Regular City Council meetings and 2 Workshop meetings. • Composed and typed all resolutions, ordinances, contracts and agreements for review by legal counsel and City Council. • Prepared Legal advertisements regarding meetings, Public Hearing and Bids. • Monitored and obtained amendments to surety agreements for developments. • 13 Resolutions were passed and disbursed. • 4 Ordinances were passed and disbursed. • 2 Proclamations were passed and disbursed. HUMAN RESOURCE DEPARTMENT • Processed 173 Personnel Action Forms • Processed 8 referrals for community service work • Received 178 applications • Created 156 letters to applicants • Conducted 85 background checks • Scheduled 12 pre - employment screenings • Processed 3 public records requests • Posted the following positions: Youth Resource Assistant, Secretary I, Deputy Fire Chief, Fire Medic, General Maintenance/Roadway/Mowing, Maint. II/Roads & Drainage, Maint. U Vehicles • Advertised in the Palm Beach Post for the above positions • Placed ads for the Deputy Fire Chief on -line • Reviewed all applications for minimum qualifications • Conducted interviews for MIS Technician, Risk Management Specialist, and Maintenance II/Roads & Drainage candidates • Organized assessment day for Assistant City Manger candidates • Revised job descriptions for the following departments: Public Works, Parks & Recreation • Organized Admin. I typing tests at Dwyer High School • Completed MGT Salary Survey for the State of Florida Career Service - Governor Chiles • Completed MGT Salary Survey for the City of Belle Glade • Completed survey of Personnel and Benefits for the City of Naples 3 • Completed Vehicle survey for the Town of Wellington • Completed Police Lt. Salary Survey for PBA Bargaining negotiations • Completed Job Description Survey for the City of Riviera Beach • Sent out letters to all employees assisting with Assistant City Manager's assessment day • Attended Collective Bargaining negotiations for PBA Officers and PBA Lt's. • Wrote articles, produced employee newsletter and copied for distribution • Updated report on analysis of completed action items on 2 "d Consent Decree for Attorney Rosenberg and prepared "Historical Time Line of Events" • Coordinated 1998 Performance Merit Program for non - bargaining employees and SEIU employees and monitored process for 125 employees' completed forms returned to HR • Responded to Council questions regarding proposed 1998 -99 Salary Plan (Green Book) • Analyzed longevity data to support Jim Waldron's project • Prepared average salary information for grant proposal for Fire/Police • Attended CPR training • Prepared New Hire Report for review by City Council FINANCE DEPARTMENT Activities • Finance Director Kent Olson along with other City staff participated in the Assistant City Manager assessments. • Along with other staff, discussed the upcoming negotiations with the Police Benevolent Association. • Prepared the department's Annual Report submission on schedule. • Finance Director Kent Olson and Assistant Finance Director Holly Luzader, along with Human Resources Analyst Mary Smith interviewed seven candidates for the Risk Management Specialist position. • Assistant Finance Director Holly Luzader arranged the leasing of three new copiers to replace aging equipment the City owned. The copiers were chosen by the ad hoc copier committee. • The department continues to prepare for the commencement of the annual audit process. The auditors from Nowlen, Holt and Miner are expected to be on -site from November 23 through December 11. Statistics • Issued 566 payroll checks in the amount of $394,302. • Issued 602 accounts payable checks in the amount of $2,076,527. • Processed 591 accounts receivable receipts, collecting a total of $873,824. • Processed 1,040 direct deposit transactions in the amount of $627,113. • Input 2,152 accounting entries into the General Ledger. The State Board of Administration interest rate for the month of October was 5.47 %. The cash and investment account balances by fund as of October 31 are as follows: General Fund 8,122,215 Police Training 14,863 Golf Course 877,418 Recreation Special 210,702 Local Option Gas Tax 670,251 Fleet Maintenance 97,311 Recreation Impact Police Impact Fire Impact Art Impact 1996 Capital Projects 1997 Capital Projects 1998 Capital Projects 722,301 387,806 232,844 394,152 321,840 5,230,056 4,450,168 GROWTH MANAGEMENT DEPARTMENT ADMINISTRATION DIVISION The Director met with and had numerous telephone discussions with City Council Liaison, Councilman Carl Sabatello, regarding Planning & Zoning issues. The Director conferred frequently with department supervisors, staff, City Engineer, and City Attorney regarding matters before the Planning and Zoning Commission, Zoning Board of Appeals, and City Council. The Director attended City Council and Planning and Zoning Commission meetings, workshops, and staff meetings regarding the following subjects: South Florida Water Management District Plan Newsracks Non - conforming Signs Property at Donald Ross Road and I -95 Golf Digest Place of Hope MacArthur Properties Turnpike Interchange Freedom House BUILDING DEPARTMENT RESIDENTIAL COMMERCIAL INDUSTRIAL RESIDENTIAL ADD/REMOD POOLS COMMERCIAL RENOVATION ENCLOSURES PERMITS Oct 98 Oct 97 12 16 CONSTRUCTION COSTS Oct 98 Oct 97 $ 4,222,148 $ 4,913,087 3 0 $ 1,662,000 $ 0 3 4 $ 225,000 $ 316,600 21 19 $ 248,389 $ 245,245 14 8 $ 971,621 $ 162,778 21 34 $ 84,441 $ 104,825 5 TOTAL YTD TOTALS YTD 98 YTD 97 $ 53,446,460 $ 85,056,101 $ 13,732,035 $ 5,486,410 $ 2,689,353 $ 2,451,113 $ 2,645,796 $ 2,312,700 $11,258,367 $ 13,992,806 $ 673,409 $ 847,780 MISCELLANEOUS 138 132 $ 5,363,575 $ 609,518 $11,061,769 $ 11,508,283 TOTAL 212 213 $12,777,174 $ 6,352,053 $95,507,189 $ 121,655,193 NUMBER OF INSPECTIONS - 897 PERMIT REVENUE MONTH OF OCTOBER, 1998 ANCILLARY ACTIVITY (Meetings, Investigations, Complaints, etc.) - 112 TOTAL EVALUATIONS MONTH OF OCTOBER, 1998 PLANNING AND ZONING DIVISION Comprehensive Planning and Special Projects Comprehensive Plan: • Finalized review of small -scale amendments (The Commons). $12,777,174 $85,052 Participated in the IPARC ICE - subcommittee. Met with our DCA reviewers who were in town for a `community outreach' visit. Participated in an IPARC Fact - Finding Panel regarding the City's objection to the Place of Hope petition. Special Projects: • Continued to assist City Consultant as he finalized a fiscal analysis of the City's western area to provide him with land use/service information. • Finalized review of the Golf Digest project. • Met to discuss preparation of an interlocal agreement to implement the Western Northlake Corridor Land Use Study. • Attended the annual American Planning Association conference in Pensacola, and participated in a session on `megachurches'. • Attended a Treasure Coast chapter - APA legislative update meeting. • Continued to review the proposed modification to the PGA National DRI. • Continued joint efforts with Crime Prevention staff to prepare CPTED procedures. • Continued to review County zoning petitions (intergovernmental review process) for modifications to the Schumacher Pontiac dealership at Sandtree and Northlake, and the proposed Place of Hope children's home (Christ Fellowship). • Continued efforts on the non - conforming signs project. • Met with the Entertainment Complex petitioners to discuss the `urban park' concept. GIS: • Finalized efforts on the addressing database in preparation for the Census 2000 `Local Update of Census Addresses' (LUCA) effort. • Assisted with the monthly Ecohike. • Prepared maps for City Consultant (western area fiscal analysis). • Continued work on database development and expansion. 0 • Provided mapping / plotting assistance to other departments: mosquito spraying; fire districts; population / approved projects graphics for Rotary presentation; human resources posters. Current Planning Development Review: • Received, reviewed and processed new development applications for sufficiency and code compliance as follows: PUD - 2: City Centre Parcel F Amendment Palm Beach Community College Edu -Care Facility Rezoning - 0 Miscellaneous - 5: BallenIsles Parcel 10 Entry BallenIsles Parcel 7 Entry City Centre Amendment to Landscaping(Power Lines) Manhattan Bagel Outdoor Seating Hampton Inn Art in Public Places Site Plans - 1 : PGA Storage Lot 8 Commerce Park amendment Landscape Variance - 0 DRI -0 Lot Subdivision -0 PCD -0 Annexation/Comp Plan Amendments - 0 Conditional Use - 0 Zoning Board of Appeals - 0 (see waivers) Land Use Change - 0 Variance - 0 Text Change - 0 Administrative Determinations - 3: Steeplechase Lot 9, Block 6 Side Setback Cypress Hollow Entry Signage Viridian Office Center Parking Space removal • Special Projects: Automobile Dealership Regulations Church Regulations Ordinance Northlake Boulevard Task Force Palm Beach County Land Use Amendment Land Development Regulations Glitch List Excavation and Fill Development Review Amendment Ordinance Noise Ordinance Amendment Lighting Ordinance Amendment ACLF Ordinance 7 • Reviewed revised plans for previously submitted petitions and transmitted to consultants for review. • Coordinated and compiled comments from the Development Review Committee (DRQ members, and conducted pending projects and DRC meetings. • Reviewed and corrected minutes of the Planning and Zoning Commission meetings. • Met with and had numerous telephone conversations with various agents and petitioners to discuss their applications. • Answered inquiries from the public regarding zoning classifications of various properties throughout the City. • Reviewed 17 (seventeen) Occupational License applications for zoning compliance. • Received and/or reviewed 18 (eighteen) Building Permits & Certificates of Occupancy. • Reviewed applications for sufficiency prior to preparing and presenting the following staff reports to the Zoning Board of Appeals, Planning and Zoning Commission andlor the Site Plan and Appearance Review Committee at the following meetings: October 13, 1998: Site Plan and Appearance Review Committee Seacoast Utilities Lift Station Gertz Professional Office Planning and Zoning Commission: Seacoast Utilities Lift Station Church Revision Ordinance The October 27, 1998 Planning and Zoning Commission meeting was cancelled. • Prepared, presented, or participated in reports or items of discussion before the City Council including, but not limited to, the following: CITY COUNCIL October 1, 1998: Golf Digest PCD Rezoning Special Master for Code Enforcement CITY COUNCIL Plat of Smith corner Noise Ordinance Hibiscus Restaurant Landscape Amendment and Color change Golf Digest PCD Rezoning PGA National Mobil Station Golf Digest Campus Site Plan PGA National DRI Amendment Non - Conforming Signs Art In Public Places City Forester Development Review: • Refer to current planning section for update on the number of new development applications received and reviewed for sufficiency and code compliance. • Met with various agents and petitioners to discuss their applications. • One (1) Pending project meeting • One (1) DRC meeting • One (1) PBC ESLAC meeting • One (1) Pre - application meeting • One (1) City Council meeting • Two (2) meetings with residential Homeowner Associations Landscape Plan Review and Inspection: • Reviewed and commented on sixteen (16) proposed (new /revised) landscape plans. • Conducted eleven (11) landscape inspections, and followed -up inspections with returned phone calls or written comments, as needed. Short list of inspected projects: Devonshire ACLF Regional Center (Seacoast) Lake Catherine Golden Bear Gertz (Regional Center) The Meadows PGA National Village Square • Conducted three (3) Shade Tree inspection at Riverside Drive, Siena Oaks, Magnolia Street Code Enforcement (City Forester): • Conducted one (1) Code Enforcement inspection. at Tanglewood Shopping Plaza. Miscellaneous: • Attended the Florida Trail and Greenways Conference in Miami • Took City pictures for Eric Jablin and Beth Ingold CODE ENFORCEMENT DIVISION Accomplishments / Tasks / Projects Notice of Violations Issued 31 Request for Information 127 Inspections 18 Re- inspections 32 Verbal Warnings 7 Illegal Signs Removed 112 Red Tag - Newsracks 0 Red Tag - Boat / RV 0 Red Tag - Vehicles 8 Violations Complied 29 Occupational License Inspections 0 Legal Documents prepared 14 9 HOA meetings, public presentations 2 Assist other City Departments 5 Phone Calls In 189 Lobby Contacts 12 Code Board cases presented 2 Special Projects: • Concluded an audit and review of all lien cases and Code Board cases. • Working with Palm Beach County in regard to a small parcel of land located north of Northlake Blvd, west of Keating Drive in regard to code compliance issues. • Developed a curriculum for Police Department In Service training in regard to Community Code Enforcement practices. This training session will be presented 3 times October for all Police Department personnel. • Initiate a referral system between the Fire Department and the Division for follow up case preparation in re: Fire Code violation cases • Held a meeting with management representing Tanglewood to discuss and offer suggestions in re: current code violations that exist at this site. PUBLIC WORKS DEPARTMENT Activities • Completed swale work Applecrest • Installed new carpet Police Department Dispatch • Completed Bamboo Drive swale • Planted 40 oak trees on the east side Shady Lakes Drive • Transplanted 17 trees from City Hall to Lake Catherine (9) and Garden Park (8) • Fifty -six cases (56) of bottled water transfer from Police Department to golf course • Sprayed for mosquitoes twice during October (Citywide) • Mowed nine (9) miles of City's canal banks Statistics • Processed 217 work orders; 161 completed • Processed 41 citizen complaints; 39 completed • Pruned 35 trees (cabbage palms) • Mowed 5 miles of easements • Repaired 4 pot holes; 1.5 tons of asphalt • Planted 40 trees (Partnership Program) • Replaced/Installed 23 Traffic /Street Signs (4) Stop Signs (4) Speed Signs (15) Street Signs RECREATION DEPARTMENT The following is the October, 1998 monthly report for Parks and Recreation: Director attended Teambuilding Workshop on Monday, October 5th, with other department heads 10 and City Manager. Held public and community input meetings for Gardens Park FRDAP grant on October 5th and 6th. Held Teen Odyssey Fest on Thursday, October 8th, at Plant Drive Park with over 100 participants. Director and Assistant Director participated in the Assistant City Manager's tour and interview day. Met weekly with the new golf management firm, Meadowbrook Golf Group, to discuss operations of golf course. Held tennis committee meeting to tour the tennis facility site on Thursday, October 15th. Director attended the PBGHS Five Star Magnet Program reception at Ballen Isles Country Club on Thursday, October 15th. Director gave presentation of conceptual park design to the Lake Catherine Homeowners Association. Held Halloween Haunted House and Little Spooks Fun House with 1,500 participants. Conducted a Skate Park meeting with teen advisory board members and MPA architect staff to finalize skate park design on Thursday, October 22nd. Monthly statistics for October, 1998: ATHLETICS Men's Softball 825 Men's Soccer 75 Open Gym 228 Adult Volleyball 260 Men's Flag Football 595 Youth Soccer 4,449 ATHLETIC PARTICIPATION TOTALS 61432 SPECIAL INTERESTS Odyssey 186 Odyssey Fest 125 Schools Out 43 Teen Dance 18 Skate Night 51 SPECIAL INTERESTS PARTICIPATION TOTALS 423 PROGRAMS Adult Art 254 Adult Dance 160 Aerobics 897 Duplicate Bridge 197 Gardens Bridge 29 Clogging 94 Yoga 200 Spotlite 271 Seniors 1,195 Adult Miscellaneous 51 Youth Dance 549 Karate 42 Early Childhood 1,091 II Gymnastics 205 Youth Art 160 Youth Cooking 90 Youth Miscellaneous 153 PROGRAMS PARTICIPATION TOTALS AQUATICS Residents Non - Residents Swim Team Exercise Activities Rentals Lessons AQUATICS PARTICIPATION TOTALS TENNIS CENTER Junior Tennis Beginner Int Pee Wees Resident Guests Non - Resident Guests Lessons Ladies Teams General Play USTA Matches USTA Tournament Play Ladies Team Tennis TENNIS PARTICIPATION TOTALS SPECIAL EVENTS Little Spooks Fun House Haunted House SPECIAL EVENTS TOTALS 411 72 552 66 161 146 80 72 54 27 26 40 288 275 24 50 218 546 1,030 5,638 1,408 1,154 1,576 Since October 1, 1998, Special Events has received a $50.00 cash donation. GOLF COURSE Rounds 4,069 Permit Sales $70,772 Merchandise Sales $ 5,048 Golf Fees $56,219 Food & Beverage Sales $ 8,781 Driving Range $ 1,739 12 FIRE DEPARTMENT FIRE ADMINISTRATION • Prepared Council package for approval of Resolution for commitment to build EOC in new fire station • Prepared Council package for cost analysis outlining fire station relocation vs. new construction • Held one Labor Management Meeting • Held two staff meetings • Attended three Department Head Meetings • Attended County Fire Chiefs Board and regular meetings • Prepared and submitted information on Fire - Rescue for City Annual Report • Fire Chief was asked to sit on Executive Board of the Big Heart Brigade • Received Life Safety Achievement Award from the International Association of Fire Chiefs • Processed three grievances from IAFF • Attended meeting and received package from DCA, Division of Emergency Management for reimbursement for response to Hurricane Georges • Attended Holiday party committee meeting • Submitted after action reports and department directives to City Manager • Participated in Assistant City Manager interview process • Met with South Tech Fire Academy to review contract and future plans for in- service training • Processed employee annual performance evaluations • Continued communication with GGW & C to write grant for EOC • Attended Board meeting of Florida Fire Marshals Association • Attended awards ceremony of Florida Fire Marshals Association FIRE PREVENTION • Conducted 473 inspections, which represents an 8% increase from the same period last year. • October was Fire Prevention Month and Vicki Wade coordinated 137 Community Education programs contacting 9,136 people. • Conducted 4 fire investigations, all of which were determined to be accidental in nature • Reviewed 44 sets of plans resulting in accessed revenue of $2,502.19 in fire inspection fees and $0 in fire impact fees. • Fire Marshall attended 2 DRC meetings and submitted comments on 3 new projects. • Inspector David DeRita was chosen as the Fire Inspector of the Year by the Florida Fire Marshall's Association. FIRE SUPPRESSION • Department responded to 412 calls for service and of those 57 were automatic aid to Palm Beach County Fire Rescue which represents a 12% increase from the same period for the previous year • The Department responded to thirteen (13) fires with a fire loss of $233,150 • The Training Division logged 654.5 hours of training for the month • Conducted 69 Company Inspections • Processed four (4) Tuition Reimbursement Requests • Processed six (6) Uniform Replacement Requests Shift A - Commander Bestland 1. Call of the Month: Routine Calls 13 2. Highlights: Personnel evaluations were completed and reviewed with employees. Kelly day forms were passed out and processed. The Rescue Engine was placed in service as well as an AED was placed on the Commander's vehicle. A Shift participated in a large amount of public education programs throughout the month. 3. Projects: Departmental -wide inventory was completed and many items were removed or combined with other fixed assets to make the system more efficient. I have met with the new MIS Manager many times and I believe we have a very good new employee in the City. I attended three wiring committee meetings for the new City Hall Complex. The new pension plan comes closer to finalization. 4. Remarks: Rick Jimenez who was seriously injured in a horse accident has returned to active duty. Brett Petrovich's mother passed away and various people were generous by covering his shift as he went through this difficult time. Shift B - Commander Olsen 1. Call of the Month: 4141 Oak Street (Residential Structure Fire). Upon arrival found heavy smoke and moderate fire showing from front of residence. R61 assigned primary search upon their arrival, RE61 assigned fire attack upon their arrival, E64 advised to establish a water supply, 126 assigned as safety officer upon his arrival. Bulk of active fire located in front living room (room of origin). Fire knocked down quickly. PPV established through front door. Heavy damage throughout entire residence. Exceptional job by all personnel involved. Note: State Fire Marshal Investigator stated a great job was done minimizing additional damage during overhaul operations. 2. Highlights: 3. Projects: Processed 4 tuition reimbursement forms Processed 6 uniform replacement requests Complied uniform sizes /evaluated materials Reviewed proposed departmental operational guidelines Attended training sessions Processed one grievance Compiled and assigned Kelly Day assignments Completed officer evaluations Training: In -House Formal Training Hours Fire Academy A Shift 17.5 152.5 B Shift 152 80 C Shift 46.25 206.25 Sub Total 215.75 438.75 TOTAL 654.5 14 Shift C - Commander Boniewski Call of the Month: October 4 - E64, RE61, R61 and U61 responded to a major fire (residential structure fire) in Palm Beach Country Estates. City fire rescue units responded to assist Palm Beach County Fire Rescue. October 31 - RE61, R61 and 126 responded to a WA involving a pedestrian on I -95. 2. Highlights: October 10 Rescue Engine was placed in service. This will greatly enhance ALS Service in the City by providing additional capability. 3. Projects: All C Shift personnel worked diligently to prepare for the EMS inspection. All four rescue vehicles and RE61 were thoroughly cleaned to an impeccable level. The hard work and professionalism demonstrated by all personnel was instrumental in achieving an Exemplary Rating once again. 4. Remarks: C Shift personnel also participated in the Life Safety division "Great Escape Program" by locating through out the City to sound our sirens to notify the public that they should have a plan to escape their homes in case of fire. This special project was coordinated by Vicki Wade and covered extensively by the local media. EMS DIVISION • The EMS Division with the assistance of Officer Hatten (PBGPD) provided CPR Training for City employees. Four courses were held during the month with 39 employees being trained. • The EMS Division assisted in the training of 25 Emergency Room Nurse Managers from Palm Beach County in Hazardous Materials (haz mat) response at their ERs. The hospitals will be working with the county regional haz mat teams to insure a smooth transition of haz mat patients to the ER. • The State EMS Meetings were held in Ft. Lauderdale. Topics included new legislation regarding changes in state rule and education. • Commander Brown (President of EMS Providers) assisted in the memorial proceedings for Paramedic Terry Shoens of Everglades EMS, who was killed in an ambulance crash on 10- 23 -97. • The EMS Division readied the necessary equipment for ALS Engine #61. In addition, the county license was obtained for the vehicle. • Revenue for the month was $46,100, which represents a 9 -1/2 % increase over the same period for the previous year. Revenue for the year was $46,100, which represents a 9 -1/2% increase over the previous year. Call of the month: Rescue # 62 was dispatched to a patient who suffered cardiac arrhythmia during a stress test at a local cardiologist's office. The patient was stabilized and transported to Palm Beach Gardens ER. While backing into the ER, the patient went into cardiac arrest (ventricular fibrillation). The patient was shocked within 1 minute of his arrest and regained consciousness almost immediately. The value of early defibrillation was once again the key to this patient's outcome! 15 Z 0 §� §� L/ �3 )) ) \ \) j§° �]] § §RA rr�o 69 (.9 f k $ s - k ` ^ 0 »r = �G �\K »m�=e 10 * _ -- ■ '� am �� V) C4 ° ^eg=r2 e��o }§ < ` _/ CN 69 69 cq co Ul Q C4 Co to co / )z SG R2 CO ^ ©G =§am o / \ §G co (0 §A[ �mwmgA2 �® / CD m ®) co o �_�o 2 - e »mG to co }\ @ , ) m2 mrmr §[) �wKw>f� o \_ az ) &f%G )§ �mCl) mR =2 «r o }_ _ ) ) ƒ £ co'- j Jm ■�Ik) 0 LL � 0 I \a0)10 r ~�GWW )k ƒk))) LL ww t»2f {� _«{2 fE LL ƒ ƒ LL Monthly Report to Fire Prevention October 1998 (Month and Year) Public Education Specialist: Vicki Wade Station Tours: 1158 Truck Demos: 7/668 SCHOOL PRESENTATIONS: 33/1761 HIGHRISE EVACUATION TRAINING: CHILD RESTRAINT SEAT PROGRAM: 33/1761 GEN. FIRE SAFETY AND EVACUATION: FIRE EXTINGUISHER DEMOS: BIRTHDAYS: HEALTHCARE FIRE SAFETY: PUBLIC INFORMATION: 45/45 JUVENILE FIRESETTER PROGRAM: 3/3 FIRE DRILLS: PRESS CONFERENCES: 1/? Channels 5 & 12 Weekday & Jupiter Courier CPR: OTHER: 14/6601 TOTAL: 137/9,136 Comment: COPS, Channel 12 morning news three times, Post, Riviera Beach Open House, Dwyer High School Homecoming Parade, Reflective Bracelets Prepared 11/10/98 Page 1 District Summary October 1998 # of F.S. Civ. F.S. Civ. District Situation Type Dollar Loss Incid's Injury Injury Death Death 01 11 Structure Fire 226,000 2 0 0 0 0 01 13 Vehicle Fire 1,200 3 0 0 0 0 01 14 Trees, Brush, Grass Fire 1 0 0 0 0 Totals for All Fires in District: 227,200 6 0 0 0 0 01 22 Air, Gas Rupture 1 0 0 0 0 01 31 Inhalator Call 21 0 0 0 0 01 32 Emergency Medical Call 49 0 0 0 0 01 33 Lock -in 1 0 0 0 0 01 35 Extrication 1 0 0 0 0 01 41 Spill, Leak vv/ No Ign 1 0 0 0 0 01 57 Cover Assign., Standby at 3 0 0 0 0 01 59 3 0 0 0 0 01 60 Good Intent Insuf Info 2 0 0 0 0 01 61 Smoke Scare 3 0 0 0 0 01 65 Steam, Other Gas Mistaken 3 0 0 0 0 01 69 Good Intent Call Not Class 1 0 0 0 0 01 73 System Malfunction 13 0 0 0 0 01 74 Unintentional 14 0 0 0 0 Totals for All Non -Fire in District: 116 0 0 .0 0 Totals for All Incidents in District 227,200 122 0 0 0 0 02 11 Structure Fire 1 0 0 0 0 02 12 Outside of Structure Fire 1,000 1 0 0 0 0 02 13 Vehicle Fire 4,400 3 0 0 0 0 Totals for All Fires in District: 5,400 5 0 0 0 0 02 31 Inhalator Call 20 0 0 0 0 02 32 Emergency Medical Call 83 0 0 0 0 02 39 Rescue, EMS Call Not Class 1 0 0 0 0 02 50 Service Call; Insuff Info 1 0 0 0 0 02 55 Assist Police 1 0 0 0 0 02 59 Service Call, Not Class 1 0 0 0 0 02 60 Good Intent Insuf Info 1 0 0 0 0 02 69 Good Intent Call Not Class 3 0 0 0 0 Prepared 11/10/98 Page 1 District Summary October 1998 District Situation Type 02 71 Malicious False call 02 73 System Malfunction 02 74 Unintentional 2 0 Totals for All Non -Fire in District: C Totals for All Incidents in District 03 13 Vehicle Fire C Totals for All Fires in District: 03 21 Steam rupture 03 22 Air, Gas Rupture 03 31 Inhalator Call 03 32 Emergency Medical Call 03 39 Rescue, EMS Call Not Class 03 41 Spill, Leak w/ No Ign 03 61 Smoke Scare 03 69 Good Intent Call Not Class 03 73 System Malfunction 03 74 Unintentional 0 0 0 Totals for All Non -Fire in District: Totals for All Incidents in District 04 31 Inhalator Call 04 32 Emergency Medical Call 04 55 Assist Police 04 59 Service Call, Not Class 04 61 Smoke Scare 04 73 System Malfunction 04 74 Unintentional 0 0 0 Totals for All Non -Fire in District: 1 Totals for All Incidents in District 05 31 Inhalator Call 05 32 Emergency Medical Call 05 51 Lock -out 05 61 Smoke Scare Prepared 11/10/98 0 # of F.S. Civ. F.S. Civ. Dollar Loss Incid's Injury Injury Death Death 2 0 0 0 C 6 0 0 0 C 9 0 0 0 0 128 0 0 0 0 5,400 133 0 0 0 0 550 2 0 0 0 0 550 2 0 0 0 0 1 0 0 0 0 1 0 0 0 0 4 0 0 0 0 22 0 0 0 0 1 0 0 0 0 4 0 0 0 0 4 0 0 0 0 1 0 0 0 0 2 0 0' 0 0 3 0 0 0 0 43 0 0 0 0 550 45 0 0 0 0 6 0 0 0 0 21 0 0 0 0 1 0 0 0 0 2 0 0 0 0 1 0 0 0 0 1 0 0 0 0 2 0 0 0 0 34 0 0 0 0 34 0 0 0 0 3 0 0 0 0 7 0 0 0 0 1 0 0 0 0 1 0 0 0 0 Page 2 District O5 11 District Summary October 1998 Situation Type 74 Unintentional Totals for All Non -Fire in District: Totals for All Incidents in District 41 Spill, Leak w/ No Ign 57 Cover Assign., Standby at Totals for All Non -Fire in District: Totals for All Incidents in District # of F.S. Civ. F.S. Civ. Dollar Loss Incid's Injury Injury Death Death 9 0 0 0 0 21 0 0 0 0 .21 0 0 0 0 2 0 0 0 0 55 1 0 0 0 57 1 0 0 0 57 1 0 0 0 pra�td Total for All Incidents 233,150 412 1 0 0 0 Prepared 11/10198 Page 3 6 5 4 3 2 1 0 District Summary October 1998 Number of Fires by District 130 120 110 100 90 80 70 60 50 40 30 20 10 0 01 02 03 Number of Non -fires by District Other LLLL , LL, }LY. tiLLtitititiL.1L'L4L LLLL L L,LLL,LLLyyL,,L, ti�,�YL.LLti L� ti {titiL•:tii {.� {,�+,; � {LL111�L Y• LLLLL.�L�LLLL tititil „ti�{h tiZtititi {titititi LLL�L�LLLLL �L {Ltiti�tiLLtiti�ti ti,�ti},ti�; I�A,~,YtiLY1Li�{ LLLLLti1V4Sti �}.•,7Lx,,,,,�titi,,K.'�.. 1,titi�ti,�.�,t+.��y�tiSM1,N ��,�Vti�L'��11L'-.,,L~ti L,ti1ti�Vx�LYxY. LL,,,LLLL,L �y�1�� {LL _ t LLLL L Xi�yti�titi� �titi }.LLtiY:titi L LLLLLLL }L�titititi 17 ,~ �'S {L1�'Li,LLL'L'L;1 - _ 130 120 110 100 90 80 70 60 50 40 30 20 10 0 01 02 03 Number of Non -fires by District Other LLLL , LL, }LY. LLLL L L,LLL,LLLyyL,,L, ti�,�YL.LLti L� ti {titiL•:tii {.� {,�+,; � {LL111�L Y• LLLLL.�L�LLLL tititil „ti�{h LLL�L�LLLLL �L {Ltiti�tiLLtiti�ti I�A,~,YtiLY1Li�{ LLLLLti1V4Sti LL,,,LLLL,L �y�1�� {LL _ t LLLL L �titi }.LLtiY:titi L LLLLLLL }L�titititi 17 ��LLy1 } } },LtiiL y�LL� ±} ��xffm'�Y:Ly ti�1ti„1yi�xyL LL �titi���}{L,{LL Lti'L.tiL•L.titi ti'L.h L LtitiYL.L�•.ti'• L'.'��LL LL L ti� !Vti LLL L ti }�L1'LL „ti•L. L �L�' LLLLLL LLSL�LLLLL LLLL,LLLL LLLy Lti +�LL L yy.iL LLLL L '.VL,L L, •Lh�V4iLxL \'L4ti L LL LL'{LL ���,,��LL�LL LL LLiL, LLLL ,•.,�Y. +L L LLLY.LI�L LLLLLLLLLLL LL,,, LLL LL��� f�N��.LL�LY�:{��L••.. L VLLL,LL \L \1Li1 LLLL �Y. LLL1'L.ti 1ti1ti� LLLLLLx•{�:LLL' �L'4�LxLL�ti•L.L �LLLLY.'.'�L L�'LLLti1Li�LLL ti�titi�1}.1�,LL��Ll tiLY. �L,17S,~ �����yL,L LSL�ti1Liy ? {.y�[��; L1�ti L�~ti�1 �YL1ti�1LL�Lti L 1LLLLLLLL�� i1���LV�L.1ti� LL�� }}L'L.LL,y L'LiL�'.L\ �� y;LL �„ LLLLLL L � LLY • LLLLLLLLLLL�L L L LLL'YsL LLL LLLL L �y1L}•}•yyyL LLLL,�LL,L, LLL {�S'ti LL ��� L 02 01 PBC 03 04 05 Total Dollar Loss by District 250000 200000 LL,L, LL,L 150000:'„'; 100000 tiLLxti tiLtiy 50000 L`Li1S,�tiy Latitii�tiLiiiS' _______ 01 02 03 04 05 PBC Other Other ® Incidents Incidents ® Dollar Loss M cn L Y N -N m °W N X O N 0< c R cn m co p6 al X rn 10 o0 0 v m cn :3 co -v n W � cn � N w to 0 LJ W^ 0 rt N i V M. v 0 W �Wil cn Cl) C.j �. oo 0 W N 0 O O� Cn .�I- o M. C) 0 rn a `an rn n (' o D 0� n to r*L ;u O m Cr (J) m -0 O CO O 0�0 tD --I 3� POLICE DEPARTMENT ADMINISTRATION: Received seven letters of appreciation commending or thanking officers and the department for services provided. Professional Standards One active investigation. One investigation completed. No active background investigations. Three investigations completed. Three incidents/media contacts in addition to daily updates: ► October 9, car jacking at 9810 Alternate AlA (Promenade Shopping Center) ► October 23, death investigation (suicide) pedestrian vs.train RCA Blvd. And FEC tracks. ► October 30, safety tips at Oakbrook Square Publix, reference wallets being taken from purses. Two public record request processed. Other activities of interest: ► Revised one department policy and procedure. ► October 2; taught child abuse course at Home Safe. ► October 8 -9, attended FLA -PAC (Florida Police Accreditation Coalition) Conference in Jensen Beach. ► October 10, delivered refreshments to Chiefs of Police Summer Conference committee Picnic in West Palm Beach. ► October 15, reviewed evidence and property policies with Leffler, Brandt and Zerulik for compliance. ► October 16, attended FAHN (Florida Association of Hostage Negotiators) education committee in Orlando. ► October 19, met with Officer Simmons, Boca Raton Police Department, reference accreditation process and projects. ► October 21, deposition on Tornatore in West Palm Beach. ► October 22, concluded Citizens' Police Academy. ► October 23, attended volunteer recognition brunch at Home Safe. ► October 27, attended Victim Witnesses Summer Conference meeting in Lantana. ► October 29, Sloan deposition on civil case in West Palm Beach. Began auditing (for destruction) the internal investigation files with Anne. TRAINING DIVISION: Completed in- service training of Code Enforcement and Postal Crimes and preparing for next block on Environmental Investigations and Property/Evidence and Crime Scene. Administered release exam for Officers Codling and Willis. Reassigned, trainees still in the Field Training Program. Attended The ATMS2 training workshop in West Palm Beach. Training Center usage: October 1 Fire Department In- Service Fire Department Meeting Police Department CPA October 2 Human Resources CPR October 15 Fire Department In- Service Police Department CPA October 16 Police In- Service Human Resources CPR 16 October 5 Police In- Service October 21 City Managers Office October 6 Fire Department In- Service October 23 PBCC Fire College October 7 Fire Department In- Service October 8 Fire Department In- Service October 26 Police Department CPA October 9 Human Resources CPR October 13 Fire Department In- Service Domestics PBCC Fire College October 14 Fire Department In- Service School Attendance: ► Cheryl Zerulik ► Gwen Fleming ► Jay Spencer ► Ellen Lovejoy ► Richard Geist ► Mike Sheetz ► Greg Timmer ► Robert Artola ► Michael Morash PATROL DIVISION: October 20 Fire Department In- Service Florida Division of Identification Crime Prevention Conference Crime Prevention Conference Crime Prevention Conference Protecting Children On Line Protecting Children On Line Florida Reserve Seminar Accreditation Seminar Florida Auto Theft Seminar Activity Report for October 1998: Fort Meyers Clearwater Clearwater Clearwater Ft. Lauderdale Ft. Lauderdale Sanibel Island Jensen Beach Gainesville Total Calls for Service PBCC Fire College October 21 Fire Department In- Service October 22 Fire Department In- Service October 23 Police Department In- Service Total Traffic Human Resources CPR October 24 Fire Dept. Barry University October 26 Police Explorers October 27 PBCC Fire College October 30 Human Resources CPR Florida Division of Identification Crime Prevention Conference Crime Prevention Conference Crime Prevention Conference Protecting Children On Line Protecting Children On Line Florida Reserve Seminar Accreditation Seminar Florida Auto Theft Seminar Activity Report for October 1998: Fort Meyers Clearwater Clearwater Clearwater Ft. Lauderdale Ft. Lauderdale Sanibel Island Jensen Beach Gainesville Total Calls for Service 3,681 Alarms/Res. 523 Total Incidents 12,829 Alarms/Business 225 Total Traffic 1,359 Alarms/Vehicle 6 Alarms/Fire 2 Homicide 0 Domestics 29 Forcible Sex Offenses 1 Suspicious Incidents 80 Robbery 6 Assist Other Dept. 110 Aggravated Assault 3 Missing Persons 10 Burglary/Residence 22 Disturbances 78 Burglary/Business 9 Rec'd Veh/Other Dept. 11 Burglary/Auto 41 Juvenile Trouble 148 Auto Theft 35 Trespassing 17 Grand Theft 19 Civil Matters 78 Petit Theft 43 Patrols -On Foot 1,148 Retail Theft 35 Patrols - Vehicle 4,159 Kidnaping/Abduction 0 Accidents 208 Arson 0 Citations 692 Simple Assault 16 Parking Violations 31 Drug Offenses 17 Traffic Stops 16 Stalking 0 Selective Enforcement 207 Frauds 19 Disabled Vehicle 205 17 Forgery 11 Abandoned Vehicle 13 Bribery 0 Reckless Driver 19 Embezzlement 0 Off Duty Details 178 Extortion/Blackmail 0 Special Details 152 Intimidation 2 Court 26 Prostitution 0 COP 6 Non - Forcible Sex Offenses 1 Escort/Delivery 136 DUI's 11 Surveillance 30 Criminal Mischief 52 School Crossing 129 Gambling 0 Weapons Violations 2 Cases Cleared by Arrest 82 Liquor Law Violations 6 Cases Except. Cleared 19 Misc. Traffic Arrests 3 Cases Unfounded 5 Total Arrests 96 Total Offense Reports 396 Arrested Juveniles 41 Total Misc. Reports 56 Arrested Adults 55 Total Supplements 266 Arrested Non Res. 57 Total 1,711 Arrested Residents 39 The following items are incidents of interest from the Patrol Division: District #1: ► Officers observed a black male stealing plywood from construction site. Subject arrested for grand theft. ► Two arrests have been made in PGA National for vandalism to the swale areas. TAC will continue to monitor the problem. ► Working POP project concerning addresses not being visible on residences. ► Working POP project concerning address locators on quadraplex buildings in Westwood Gardens. District #2: ► Officers attended Homeowners Association meetings at the Oaks and Sun Terrace. Residential burglaries and holiday safety tips were discussed. ► Officer stopped suspicious vehicle on Kelsey Park Drive. One subject was arrested for outstanding warrants. As a result of our efforts, West Palm Beach made an identification on prints for a residential burglary. ► Officer Spragg and Lieutenant O'Neill attended meeting to coordinate efforts with County Planning and Zoning, Palm Beach Gardens Planning Zoning, Code Enforcement, and Palm Beach Gardens Community Specialist concerning cleaning up the area behind AlA Foods and the rest of the strip plaza. ► Officer Segreto closed a POP project concerning housing juveniles after arrest when their parents were unavailable. ► Officer Fee completed a POP project involving repainting and marking the faded handicapped parking spaces at Oakbrook Square. The following items are of interest from the Tactical Crime Unit: Surveillance: ► Costco /Sports Authority 31 hours ► Promenade Plaza 67 hours ► PGA/Prosperity Farms Road 21 hours 18 ► Northlake Corridor 174 hours ► PGA Corridor 28 hours ► Gardens Mall 48 hours ► Alt. Al Business/Promenade 63 hours ► Loehmans/Stayin Alive/RCA area 52 hours ► Timber Trace 18 hours ► Oaks 15 hours Arrests: 2 Overtime: 0 Synopsis: We assisted Patrol and Detective Divisions in various calls for assistance, back -up, crime scene and arrests. Officer Moretti spotted a vehicle that was just stolen in our city and used in an occupied burglary of a dwelling. The suspects who eluded capture also dropped off a stolen vehicle and attempted to steal two other vehicles. We assisted patrol in the investigation of two stolen vehicles. The suspect confessed and additional information on stolen vehicles was obtained. POLICE RESERVE UNIT: Hours of attendance for the month of October 1998: ► Road Patrol 42.5 ► Special Detail 0 ► FTO 0 ► Training 24 ► Admin. Meetings 8 ► Total: 74.5 DETECTIVE DIVISION: Cases Assigned: 42 Arrests made: 10 Cases Solved: 25 Cases Active: 91 Cases Unsolved: 28 The following are investigations of interest from the Detective Division: ► Prostitution and drug investigation, search warrant executed on October 2, 1998. Investigation pending.(Det. Sheetz) ► Numerous burglaries occurred in the Oaks East and Oaks West. (Det. Callea) ► Death investigation conducted at Sports Authority. Subject committed suicide by hanging himself with his bootstrings. (Det. Boyle) ► Death investigation conducted on the railroad tracks west of Alternate AIA, north of RCA Blvd., ruled suicide. (Det. Boyle) ► Subjects shot into parked vehicle three times at Golden Eagle Circle. (Det. Boyle) ► Car jacking at Promenade Plaza. Subject drove victim to Loehmans Plaza and fled on foot. Victim 19 received laceration to her head. (Det. Geist) Armed robbery at Mobil Station, 4201 Northlake Blvd. Subject had small black revolver. (Det. Geist) Strong -armed robbery at Costco. Subject took victim's purse at her vehicle. (Det. Geist) Strong -armed robbery at Gardens Mall. Subject reached out of his vehicle and grabbed woman's purse. (Det. Geist) Forfeitures: ► 1986 BMW returned to owner for administration fee. ► $7,840.00 U.S. currency pending forfeiture. TRAFFIC DIVISION: Activities: ► Officer Main attended monthly meeting of Freeway Incident Management Team in Delray Beach. ► Officers Council and Hatten completed Firearms Instructors School at Palm Beach County Sheriff's Office. ► Officers directed traffic for Dwyer High School Homecoming parade. ► Officers directed traffic for four hours on October 23, while an apparent suicide by train investigation was conducted at PGA Blvd. And Central Blvd. ► Officer provided escort for three funerals for former officers, political office holders and fellow officer's family. ► Annual motorcycle officers' course was set up in PGA National by Officer Sidey in preparation for Motor School beginning November 2, 1998. Accidents: ► The department worked 208 traffic accidents in the city. This figure represents an increase of 10% over the same period in 1997. CRIME PREVENTION DIVISION: Drug Abuse Resistance Education (DARE): ► Forty classes, with a total of approximately 1,047 students, are being taught the DARE program. ► Attended the Palm Beach County DARE Officers meeting. ► Participated in National Red RibbonWeek at Duncan Middle School. ► Participated in National Red Ribbon Week for the City of Palm Beach Gardens. Crime Prevention: ► Conducted three McGruff presentations for 105 children at Trinity Church Day Care. ► Coordinated weekly Citizens' Police Academy classes. ► Coordinated Homeowners Association meeting with Oaks West. ► Ongoing Crime Prevention Through Environmental Design (CPTED) for Planning and Zoning. ► Participated in the Annual Riviera Beach Fire Department Safety Fair. ► Participated in the Annual Palm Beach County Crime Prevention Exposition at the Palm Beach Mall. ► Attended the Florida Crime Prevention Conference. 01 ► Participated in the Palm Beach Gardens Odyssey Fest. ► Attended the opening ceremony and media event for the Telemarketing Fraud Prevention Campaign. ► Attended the monthly Palm Beach County Crime Prevention Officers Association meeting. ► Ongoing work for the City Holiday Party Committee. ► Worked on drafting a business heads and concerns survey. ► Assisted Parks and Recreation on Halloween. ► Assisted the Palm Beach Community College Honor Society in hosting a Halloween party for local school children. ► Meeting with Wackenhut reference 1999 Police Officers Ball. ► Attended the multi - agency Police Officers Ball meeting. ► Attended a meeting with Planning and Zoning reference the CPTED Resolution. Police Athletic League (PAL): ► Held an Executive Committee concerning golf tournament fundraiser and planning for 1999 tournament. ► Attended the quarterly USA Amateur Boxing meeting. ► Planning and preparation for "Friday Night Fights" in December 1998. Explorers: Conducted weekly training sessions on bomb threats. Participated in two fundraisers. Registered one new Explorer to the post. Volunteer Police Services Unit: ► Conducted police department needs survey. ► Ongoing work for the volunteer program fundraiser. ► Processed six applications for the volunteer program and interviewed two applicants. Truancy Interdiction Program (TIP): ► Total truants picked up and processed by Palm Beach Gardens Police Department were 42. ► Total truants picked up in the school year to date were 51. ► Provided quarterly statistical information to Palm Beach County. ► Ongoing maintenance paper work for grant purposes. ► Statistical information given to eleven schools on their truants. Juvenile First Offender (JFO) Program: September: ► 18 juvenile arrests reviewed. ► 2 juveniles entered into the JFO program. ► 384 total juveniles have entered the JFO program. ► 266 successful JFO completions. October: 50 juvenile arrests reviewed. 23 juveniles entered into the JFO program. 21 ► 404 total juveniles have entered the NO program. ► 284 successful completions. SUPPORT SERVICES: Record Section Report Requests: ► Mail 327 ► Media 418 ► Officer Requests 98 ► Public Requests 561 ► Courier /SA 127 ► Courier /Service 0 ► S/A Packets 116 ► Accidents Packets 165 ► Citations 692 ► Lobby Contacts 534 ► Phone Calls/In 498 22 CITY OF PALM BEACH GARDENS LOCAL PLANNING AGENCY Agenda Cover Memorandum Meeting Date: November 19, 1998 Subject/Agenda Item: Recommendation to City Council: Petitions LU -98 -03 Petitions LU -98 -04 Petitions LU -98 -05 Recommendation /Motion: Staff recommends approval of all three petitions, but points out that a legislative policy decision is needed by the Citv Council. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney N/A Planning Division [ ] Approved ACM $ 0 [ ]Approved w/ conditions Current FY Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other N/A Resolution 19, 1998 'The Commons' [ x ] Not Required Developer Agreement StGwth bitted by: Mgt. Di ector Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required\ BACKGROUND: •Pi Three separate petitions for land use change (small -scale amendments to the Comprehensive Plan) are summarized in one staff report due to common issues and considerations. PETITIONS LU- 97 -03, LU- 97 -04, LU -97 -05 THE COMMONS PARCELS 1, 29 & 3 I. REQUEST Hank Skokowski, agent for Channing Corporation, is requesting land use amendments for three separate parcels of land. The proposed amendments include a land use change from Residential Medium (RM) and Residential High (RH) to Mixed Use Development (MXD) . The three parcels are located along the south side of PGA Boulevard, between Avenue of the PGA and Military Trail. (11,12- 42S -42E) LPA Recommendation to City Council Date: November 19, 1998 Petitions LU- 97 -03, 04, 05 Page 2 II. BACKGROUND Hank Skokowski, agent, is requesting three land use amendments in association with The Commons mixed use development. The City Council had previously approved Resolution 19, 1998, which allows for the concurrent processing of the land use amendment and the PUD applications. The Commons Mixed Use development consists of three parcels. The petitioner is requesting a land use amendment on a portion of each parcel. The portion of Parcel 1 proposed for a land use amendment consists of 5.2 acres of land. The request is for a land use change from Residential High (RH) to Mixed Use (MXD). The portion of Parcel 2 proposed for a land use amendment consists of 4 acres of land. The request is for a land use change from Residential High (RH) to Mixed Use (MXD) and Residential Medium (RM) to Mixed Use. The portion of Parcel 3 proposed for a land use amendment consists of 9.6 acres of land. The request is for a land use change from Residential Medium (RM) to Mixed Use (MXD). III. ISSUES Existing Site Conditions All three parcels are completely vacant. Most of the vegetation has also been cleared from the site for many years. Proposed Use The petitioner is proposing the eventual construction of 107 dwelling units, 50 to be apartments located above the proposed office and retail space, the remaining 57 will be townhomes located on fee simple lots. Of the 107 dwelling units, 50 are proposed for within the subject areas proposed for land use amendments. A total of 136,518 square feet of office and retail is proposed, all of which will be located within the portions of each parcel proposed for a land use amendment. Table 1 has broken down the number of dwelling units and non - residential square footage by parcel. Maximum Allowable Use Table 1 indicates the maximum allowable use within the proposed MXD land use compared with the maximum allowed in the existing land use. This comparison is used to analyze the change in levels of service in the following section. LPA Recommendation to City Council Date: November 19,1998 Petitions LU- 97 -03, 04, 05 Page 3 THE COMMONS MIXED USE DEVELOPMENT TABLE 1 l LOS Analysis Traffic Circulation David Plummer and Associates indicated in their traffic study that the existing land use designations for Parcels 1, 2 and 3 would generate 1,351 trips at buildout. This estimation is based on 193 residential dwelling units in the existing RM and RH parcels. The proposed land use amendments to MXD would generate approximately 7,377 trips per day. This estimation is based on daily trips generated by 96 ,residential units and 163,350 square feet of office and retail. The land use amendment would then lead to an increase of 6,026 trips per day. LPA Recommendation to City Council Date: November 19,1998 Petitions LU- 97 -03, 04, 05 Page 4 Sanitary Sewer Sanitary sewer service would be provided by Seacoast Utilities. Activities on the existing land use designations, at buildout, would consume 315.55 gallons per capita per day for sanitary sewer and potable water. Activities on the proposed land use would consume 251.19 gallons per capita per day for sanitary sewer and potable water. Including additional consumption proposed by the land use amendment, the total consumption of potable water for sanitary sewer purposes for the entire Seacoast system would be 8.02 mgpd per day. Currently, the existing sanitary sewer capacity (the ability to treat sewage) for the entire Seacoast system is 11.05 mgpd, leaving a balance of 3.03 mgpd available for treatment. Please note that capacity has not been reserved for this project. Potable Water Potable water service would be provided by Seacoast Utilities. The petitioner is not proposing to recycle potable water. Therefore, figures for potable water and sanitary sewer are the same. Activities on the existing land use designations, at buildout, would consume 315.55 gallons per capita per day for sanitary sewer and potable water. Activities on the proposed land use would consume 251.19 gallons per capita per day. These estimates are based on an eight (8) hour consumption period for existing commercial land use designations, while proposed residential land use designations are based on a 24 hour consumption period. Including additional consumption proposed by the land use amendment, the total consumption of potable water for the entire Seacoast system would be 14.63 mgpd. Currently, the existing potable water capacity (the ability to provide potable water) for the entire Seacoast system is 19.7 mgpd, leaving a balance of 5.07 mgpd available for use. Please note that capacity has not been reserved for this project. Drainage The Commons Parcels 1, 2 and 3 are located within the Sub -basin 4D of the SFWMD permit for BallenIsles. Sub -basin 4D is located within the C -17 basin and discharges via the Thompson Canal. A control structure exists on the west side of Military Trail. Solid Waste The petitioner has indicated that the existing land uses at the subject site would generate an estimated 3,249 lbs per day. The petitioner estimates that the proposed land use would generate a maximum of 1,441 lbs of garbage per day. This estimation is based on a seasonal or secondary home calculation of seven lbs. of garbage per day as specified in the comprehensive plan. This estimation would mean a decrease of 1,808 lbs of garbage per day should the land use be amended. Waste Management of Palm Beach indicates that capacity is available to serve this project upon LPA Recommendation to City Council Date: November 19, 1998 Petitions LU- 97 -03, 04, 05 Page 5 completion at the level of services adopted by the City. Parks and Recreation The Comprehensive Plan estimates that the City currently has 146.27 acres of active recreation space. The City's 1997 population is estimated at 33,229. Using the Park and Recreation Departments criteria of 3.5 acres per 1,000 persons, the City must provide approximately 116.3 acres of recreation and open space. The proposed project would add an estimated 283 residents to the City, which would require 1.5 acres of additional recreation and open space, or 117.8 acres of recreation and open space. Including the additional population at the subject site, there is a balance of 28.47 acres of recreation and open space available within the City, this year. A deficit in park acres will be reached in 2001 if additional park land is not acquired and improved. Hurricane Evacuation The County estimates that 5% of the population in an evacuation area would seek public shelter in the event of a hurricane. There are three (3) primary shelters serving the City and surrounding north county area. They are Palm Beach Gardens High School, capacity of 2,500; William T. Dwyer High School, capacity of 350 and Watson B. Duncan Middle School, capacity 2,000: In addition, there are two (2) alternate, or "last resort" shelters located at Timber Trace Elementary School, capacity 200 and Palm Beach Community College, capacity of 600. The total capacity of shelters within the City is 5,650 persons. Although the subject property is located in a high risk area for hurricanes, there should be adequate shelter capacity for the additional population during the storm event. Post - disaster shelter need may exceed available capacities, however. The site is located west of the Intracoastal Waterway, so evacuation over a bridge is not an issue of concern. Staff Concerns Configuration of Land Use Staff feels that configuration of the requested MXD land use designation has been `gerrymandered' in order to meet the criteria for a small -scale land use change (less than ten acres in size). The MXD does not encompass the entire parcel(s), but only the PGA frontage. A thin sliver of residential land is left at the rear of each parcel.. While the current PUD petitions utilize both the proposed MXD area and the residential area, should these petitions not move forward, the City would be left with inappropriate land use configurations. LPA Recommendation to City Council Date: November 19, 1998 Petitions LU- 97 -03, 04, 05 Page 6 Change of Character The Comprehensive Plan establishes PGA Blvd as the City's main street. It is divided into an eastern, commercial district and a western (west of Military Trail) residential area. This division was established by City Forefathers' policy and is reflected in today's land use pattern. The requested MXD land use introduces non - residential land uses into an area which has been established by past policy as residential. Not only will a land use amendment change the character, but it will change the policy. Staff is concerned that the policy change will lead to future requests for non - residential land uses along the western PGA Blvd corridor. Strip commercialization is a concern, as well as the general change of character of the corridor. The "Vision" does identify the subject parcels as being appropriate for MXD land use in the future. The question staff is considering is whether now is the time for this conversion of land use to occur. Need for Land Use The land use change petition does not sufficiently justify the need for the requested land use. There is not adequate support for changing residential land use to mixed use considering the amount of vacant land in the City which already has MXD land use. Mix of Uses The petitions were submitted prior to the adoption of the EAR -based amendments, therefore the mixed use criteria that now exists in the Plan can only be used for comparative purposes. Parcel 1 does not contain residential land uses above the neighborhood commercial uses, which is a now requirement of MXD projects. The City Council, during comprehensive plan workshops,. voiced the desire for MXD projects to contain a true mix of land uses. While Parcels 2 and 3 do have a mix of uses, Parcel 1 insufficiently meets the criteria (10 of the residential units ly within the MXD portion of the project and the balance falls within the RH portion). Today's MXD criteria would require a greater concentration of residential use within the mixed use project. LPA Recommendation to City Council Date: November 19, 1998 Petitions LU- 97 -03, 04, 05 Page 7 IV. Staff Recommendation Staff will present information at the workshop which describes how the State, through the growth management legislation, is encouraging local governments to use mixed use developments as a means to provide for land use efficiencies and cost - efficient service delivery, and a& a method of discouraging urban sprawl (the 8/25/98 presentation to the Planning & Zoning Commission has been printed out and included as an attachment). The City's own comprehensive plan encourages mixed use developments through the provision of a Mixed Use land use category. Staff has concerns, as outlined above, about the three petitions. Staff would like for these concerns to be considered as a legislative policy determination is made by the City Council as to whether to change the land uses on the subject properties from residential to mixed use. Despite concerns, staff feels that mixed use developments serve as preferred land use patterns which have numerous benefits. In considering these specific locations for mixed use land uses, staff has made the following observations: • The applicant submitted a market study which supports the marketability of the mixed -use concept. • A reconnaissance study was undertaken by the applicant which concluded that the sites have excellent potential for high density garden rental apartments, but that a mix of uses has the greatest market support. • The applicant's economist perceives that the project will have a positive influence on neighboring property values. • The project will provide enhancements to the neighborhood by adding dining, services and specialty shops within walking distance. • The non - residential uses associated with the mixed use projects will attract pedestrians and bicyclists from the surrounding neighborhoods thereby reducing the number and length of vehicle trips which otherwise are required to access PGA Boulevard or.Military Trail for personal and business services and shopping. • The configuration of the subject parcels (shallow depth) suggests the need for creative solutions to transition from a six lane arterial to single family neighborhoods. • The subject properties have locational advantage over other land already designated with mixed use land use because services and facilities are already in place to serve these parcels. The City's current facilities are able to serve these parcels. • Improvements on the subject properties will constitute infill development. • Mixed -use development patterns are recognized as a means to create a `sense of place' which nurtures a community's spirit. The City's `vision' identifies the need for `gathering places' which will foster the `sense of community'. The project's plazas and linked pathway system appear to provide the mechanisms to help achieve this goal. • The `vision' land use effort identified these parcels as mixed use. Therefore, recognizing that any land use change will require a policy modification to recognize PGA LPA Recommendation to City Council Date: November 19,1998 Petitions LU- 97 -03, 04, 05 Page 8 Boulevard west of Military Trail not only as a residential area, but as an integrated corridor; and after weighing the concerns against the potential assets, staff recommends the following: Parcel 1: Staff recommends approval of a change in land use from residential high to mixed use. Parcel 2: Staff recommends approval of a change in land use from residential medium to mixed use. Parcel 3: Staff recommends approval of a change in land use from residential medium to mixed use. The Planning & Zoning Commission, at its September 22, 1998 meeting, recommended approval of the three petitions with a vote of 4 -0. 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P.O. Box 33436, Palm Beach Gardens, Florida 33420 November 16, 1998 Many thanks for updating the C.A.N. ! Board of Directors on your progress in developing "The Commons" area along PGA Boulevard. We appreciate your taking the time to keep us advised. We in turn will share this information with our readers, the residents of PGA National. For your information, we have not received any unfavorable comments from the residents about the concept of "The Commons" and will continue to keep you informed of the resident input as the development comes further into focus. Sincerely, Allen Lavin President 4� r CONDOMINIUM ASSOCIATION, INC. IN THE CITY OF PALM DEACH GARDENS GOLD CAPI FAL OF TI IL= WOIILD �^M ►[ALAN! 5530 Tamberlane, Palm Beach Gardens, (= lorida 33410 f� March 29, . 1 998 TO: Mayor, Russo and Council Members f - FROM: Tamberlane Condominium Residents RE: Proposed development on P.G.A. Boulevard referred to as "The Commons ", Parcels 1, 2, and 3. Please refer to the letter of February 18, 1998 regarding the above proposed development. Since that date, representatives — from - the--condomin um- complexes contiguous -to or- adjacerii -.'- to parcel one, as -well as individual homeowners in the affected areas, have met- to further understand and take positions re developer's peti- tion to request change in zoning to Mixed Use Development from High Density Development. The Residents of Tamberlane (136 -units) are opposed to change in Parcel 1 zoning to MXD , as we-'undersfand it. We are against Con- current- Processing for Parcel 1 since MXD is not yet an approved zoning category in Palm Beach Gardens. Although we are not against concurrent processing generally speaking, we are against it when we do not know what MXD zoning will. entail; so we would be dealing with an unknown. We are not addressing L'arcels 2 and 3. We in the Parcel 1 area are against rezoning to MXD. Our preference is for it to remain R.11. However, we could agree to a strip -on P.G.A. Boulevard be- tween Avenue of P.G.A. and Woodland Lakes Condominium being re- zoned to P.O. if need be, with traffic entering and exiting on P.G.A. Boulevard. We are not "anti everything ". However, commercial buildings in Parcel 1 would seriously diminish the qualzty of life for the hundreds of nearby condo owners. MXD is neither needed nor wanted in 'Parcel 1, It would be a "poor fit" on the Boulevard that has become more aesthetically attractive with each passing year, thanks in part to the imaginative -landscaping and appropriate Zoning. We feel that MXD should serve large,new areas where it can be in- tegrated with the residential areas to provide needed and wanted services. We have no need: Condominium communities are quite self - contained -- one of the many reasons the membership (owners) were initially attracted to this modus vivendi. Attached are names of residents of Tamberlane Condominium Asso- ciation,Inc. who share the views and concerns expressed in this letter. SEC ATTACLIMEN`PS 1 THRU 7 a-M� er1a a CONDOMINIUM ASSOCIATION, INC. IN THE CITY OF PALM BEACH GARDENS GOLF CAPITAL OF THE WORLD ,��.liiiL ♦�y f 5530 Tamberlane, Palm Beach Gardens, Florida 33410 "THE COMMONS" UPDATE Contacts continue between Tamberlane, Palm Beach Gardens plann- ing and Zoning staff, and developer (Joel Channing) and his attorney, Steve Mathison. Please refer to Tamberlane petition re "the commons" dated March 29, 1998 and signed by 144 Tamberlane residents: The developer has responded to many of our concerns, To wit: 1. There will be a 2 -way traffic roadway at the far East end of Parcel I - for entering /exiting from an& to P.G.A. Blvd. Speed limit on P.G.A. Blvd. will be reduced to 35m.p.h. 2. There will be no rental apartments in Parcel I. 3. Originally, 17 structures were planned for the residential area of Parcel I, containing 34 units. This has been, reduced to 7 structures (31 units) with prices starting at about $150M. 4. The developer will erect an entry structure in the median on Ave. of P.G.A. just South of the bank entrance as a deterrent to discourage traffic into our area. (Developer had been will - ing to bni.ld.a security gate but the City -Would not permit it since Ave. of P.G.A. is a public street). Also, developer will be responsible for maintaining the median which he plans toupgrade considerably. 5. Sidewalks will line the East side of the Ave. of P.G.A. from the canal:to P.G.A. Blvd. Trees will be planted between the sidewalk and the street by developer. 6. Canal will be redredged by.the City. 7. Colors in all planned structures have been markedly subdued. 8. There will be 24 hour security in all parcels - one, two and three. 9. The entire project will be professionally managed by a nation- ally known company. 10. All walkways within project will have brick-pavers (no cement or "black top "),. lots of trees and shrubs. a "THE COMMONS" - UPDATE, cont'd. November 16, 1998 Page 2 We continue tohave some concerns re. types of restaurants, out- door tables and seating, traffic patterns, possible signs, light- ing , etc., and will continuelto address these areas with P &Z staff and developer. Also, MacArthur Foundation':still owns the land, and willcomplete the sale to developer only after it re- ceives all approvals from the City of.P.B.G. N.B. There will be a public hearing on Thursday, November 19, 1998 at 7:30P.M. at City Hall, at which time the Local Planning Agency (L.P.A.) will make formal recommendations to City Council. If you have any questions or wish additional information, please _ _contact_members -of- our Tamberlane Committee: - ~ - - - -- Georgina Werner - 622 -8436 Peggy Scott - 622 -7383 Joe Orlando - 694 -8041 ] it NOV. 17. 995. , : 52 Pa1 -Z561 630864079942035 CHA NIN � CORPITIMG N4.136 PAGE 02 a ' 4431 Althea. Way . Palm Beach Cmdem, PL 33410 x. w 170 lops Mayor and City CouwA City ofPalm Beach G udens 10500 N. MlitaQy 'Frail Palm Beach Gardens, FL 33410 Dew Mayor Russo and CouncHma It takes a lot to cause awe to age my mind about wbAt A believe is ft appropriate use for a piece of lead. At one tune$, I did not went to see 'any commercial on the soutla side ofPGA Boulevard west of the e7daft office building. used on a review of the plus for the proposed project known as "7U Commons," and an my planning education and professional experience as a plaswer, I bav+e now changed my mind. This project includes a number of vod pla++!*iog ccsi�pts. It ofrs a design that is fricAy to those who wish to walk or bike to 'an area for neighborhood services, or to congregate with fd;n&. It incorporates reatal units with commercial uses. This provides convenience opportua Wes for resident% as vmU as promotes safety by virtue of having people in the ate twenty-four hours a day. The townhouses provide an appropriate buffer between the commercaallrental area, and the existing siu ,c fa ly heames and condominium. Lastly, the ardl itectural design is tkir nnore pleasing than the usual straight front strip commercial center. This is probably one of the best locations in Palm Beach. Gardens for a. mired use project. The residential uses witbn the development, as well as the higher density in close proximity, wffi permit many people to leave their automobiles at home when they wish to sloop or just go out for a cup of coffee. While i never voted to approve a project based on the developer, it doesn't hurt that this developer has atremendous track reoord. As long as all commitments have been included in the conditions of approval, I strongly endorse "The Commons." _10_r NOV -19 -1998 09 :32 TCRPC 5612214067 P.O2 11Id3 f�Ieii tam Erecyu "! SL lude a nit November 17, 1998 The Honorable Joseph Russo, Mayor City ofPalm Beach Gardens 105O0 North Military 'frail Palm Beach Gardens, FL 33410 Dear Mayor Russo: Recently, I had a chance to look over the plain for the Commons. Given the results. of the Garden's 1995 -96 visioning exercises and your local comprehensive plan, the scale and mix of uses proposed is something the Gardens should be micouraaging. In fact, the Commons represents the kind of mixing of uses the State and regional planing councils are encowagi:ng in desig+Ated Emtward Hol areas of southeast Florida. if you would like more information on Council's Eastward Ho! efforts, please call. umrl cc: Nelia Coyle, TCRPC Chairman 3111 ease ocean boulevard suite 300 stuQm f9orade 34994 phawt (561) 421 -4060 sc Pb1t -Cw ftm (561) 227 -4067 TOTAL P.O2 NOV.17.1998 12:27PM t�J7��— Ada —�7F3 �45rn��,� JEFFREY CgHpA�pNN INpp��Gp� CORP JEFFREY A ORNSTEIN 9 Y^�RCHI NO. 114 P. 212 JEFFREY s RNS . 6 ■ o ARdmi*rmGT WJ �e Ya• 15&99 �s '9`iZ!►Yi i3'i` ��rei. �i+ i��s � ' ". iii Jl 3� « t (SWIM41 �iN i NOVEMBER 16, 1948 MX JOEL C14ANNING TIRE CHANNING CORPORATION SUITE $50 3300 P G ABi3ULEVARD PALM BEACH GARDENS, FLORIDA RE: THE COMMONS PALM REACI4 GARDENS, FLORIDA I THOUGHT YOU MIGHT LIKE TO HAVE THE FOLLOWING COfiflwfENTS. I I4AVE REVIEWED 'I FIE PRELINUNAR.Y PLANS FOIE. TM COMMONS AM FIND 7liE CONCEPT QUITE EXCITING. FROM WHAT 1 CAN SEE BY YOUR SUBMISSION TO THE CITY YOU HAVE GIVEN THE PRC ECT YOUR VERY VALUABLR PI ASONAL ATTENTION AND HAVE S1PA>RM NO EXPENSE IN PRODUCING A. CLASS `A' FROJECT_ W YOU CARRY THROUGH THIS OF -SI+GN WITH THE SAVE DEGREE OF MC THAT YOU HAVE GIVEN YOUR OTHER PROJECTS, THE CITY WILL INDEED BENEFIT. I CONGRATULATE. YOU AND YOUR STAN' AND WANT YOU TO KNOW YOU HAVE BY UNDIVMM SUPPORT. YOU CAN USE THIS LETTER ANY WAY YOU SEE FIT, SINCERELY, OfHFMV N ORNSTEIN, PAST CHAIKMM, PLANNING AND ZONING COMMISSION CITY OF PALV BEACH GARIDENS, FLORA, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—November 6, 1998 Subject/Agenda- Item: Purchase and - installation of playground, equipment, and safety surface for the new Gardens park playground areas Recommendation/Motiom Approve purchase- and- nstalW!,or -- of. new playground equipment - and safety surface for - the - playgrounds at the Gardens park baseball fields complex from Pete Jeffrey and Associates Incorporated of Orlando, Florida by , "piggybacking" the Palm Beach County School Board contract, in the amount of $$29,998.00. Submitted byL Sue- Miller, [ X }Not Required Department Director Affected parties Approved by: [ ] Notified City- Marnawe [.. . }.Not- required- .Budget Acct #.: 23- 0900 = 519.6200 [ ] None Reviewed by:. Originating Dept:. Costs: $29,998 Council Action: City Attorney Parks and Recreation Total [ J Approved Finance S 30;00!? } Approved vvtw,,aiwem. Current.FY ACM [ J_Denied. Advertised: Human.Res__ Funding Source: [ J Continued "to: Attachments; - Other Da [ ] Operating- Paper_ [ X }Other - Capital.. L Memo-from Parks.and Recreation. Director 2. Copy, of Palm Beach County Contract 3. Cut sheets of equipment Submitted byL Sue- Miller, [ X }Not Required Department Director Affected parties Approved by: [ ] Notified City- Marnawe [.. . }.Not- required- .Budget Acct #.: 23- 0900 = 519.6200 [ ] None MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager � FROM: Sue Miller, Director, Parks & Recreatio4 .f DATE: November 6, 1998 RE: Purchase -and Installation of Playground- Equipment BACKGROUND: In, the FY 1998 -99 budget, $30,OOq has been allocated in account 23- 0900 -5 19.6200, Capital Improvements, for the purchase and installation of playground equipment for the new playgrounds (each, set of four baseball fields will have a separate playground area) that are being constructed as a part of the athletic field renovations underway at Gardens park. DISCUSSION: Staff has researched several alternatives to provide the best equipment and safety surfacing for these new areas, and have found that the equipment offered by Playworld Systems, as offered by Pete Jeffrey and Associates Incorporated of Orlando, Florida, will fulfill the needs and budgetary requirements of these play grounds. Playworld is the same manufacturer .who has supplied the playground equipment that is used at the Burns Road Playscape. The colors selected for these two play areas are similar to the color scheme that is used at the Burns Road play area. The support poles will be forest green, with the majority of the play components a standard beige. A unique feature.of these two play grounds will be the departments first time utilization of a rubberized safety. surface. This rubberized safety surface will be placed in the areas where research has indicated the majority of playground accidents have traditionally occurred as well as at the transition zones where those children who are wheel chair bound can have access to the equipment. This will allow the equipment. to come under full compliance with the ADA requirements for playground accessibility. RECOMMENDATION: Staff recommends that the council authorize the City to "piggyback" the Palm Peach County School Board contract with Jeffrey and Associates ( bid number 99C -3B) in the amount of $29,998.00 for the purchase and installation of the equipment and safety surface for the two play grounds at Gardens Park. NOV -06 -1998 FRI 10:19 ID:JEFFREY ASSOCIATES OOL D /sue THE SCHOOL DISTRICT W A OF PALM BEACH COUNTY, FLORIDA ' CONTRACTING AND PROCUREMENT DEPARTMENT 3326 FOREST HILL BOULEVARD, C•216 WEST PALM BEACH, FL 53406.5813 ��M eEneH cou�� (561) 434 -8218 FAX (561) 434.8185 July 2, 1998 PETE JEFFREY & ASSOCIATES, INC. 2119 Oregon Street Orlando FL 32803 TEL:1 412 767 9716 P:02 DR. JOAN F. KOWAL SUPERINTENDENT OFSCMOOLS ATTN: Pete Jeffrey SUBJECT: Letter of Agreement Per Bid Number: 99C -3B Title: TERM CONTRACT FOR PLAYGROUND EQUIPMENT AND SURFACING Dear Mr. Jeffrey: This is to advise you that on July 1, 1998, the School Board of Palm Beach County, Florida has accepted your offer to furnish services /equipment on items 1 -3 and 6 -10. This acceptance is subject to compliance with bid specifications,•terms and conditions, all pertinent laws of the State of Florida, and instructions; as determined by the General Counsel for the School Board, Proof of Insurance, per Special Condition P "INSURANCE REQUIREMENTS" (see attached), must be furnished within fifteen (15) days of this notification. Your insurance company is required to have the School District of Palm Beach County, Florida, NAMED AS AN ADDITIONAL INSURED. No work shall commence until we receive the certificate, Certificate of insurance must reference above bid number. Purchase order(s) will be issued as the need arises. The purchase order will be your notification to proceed. Do not proceed with the delivery of equipment /supplies /services until you have received a purchase order. Failure to do so may result in non - payment. Attached, is a "playground Proposal" form. Thank you for your bid, and we are looking forward to doing business with your company. If you have questions, please contact Karen L. Brazier at 561 -434 -8308. Sincerely, 'baron Swan, C.P.M. Director of Purchasing CC: bid file NOY -06 -1998 FRI 10119 IDtJEFFREY ASSOCIATES INVITATION TO 1.310 NO. S13 99C -313 BID SUMMARY_SHi"ST TELt1 412 767 9716 Pte3 EQUIPMENT Item 1. PLAYGROUND EQUIPMENT (riot surfacing) - per bidder's catalog, Fixed percentage discount off list price: -8 % Minimum order amount (if applicable) $ 1 , 200 , 00 item 2. Playground Equipment (not surfacing) - per manufacturer's catalog. Fixed, Percentage Discount .off List Manufacturer List PHce PLAYWORLD SYSTEMS /. S . % PLAYWORLD SYSTEMS EARLY CHILDHOOD ., % % % Minimum O_ rder Amount (If acin icable) NOTE: If additional space is needed, attach additional page on company letterhead in above format, 1194TALLATION Item 3. installation of Playground Equipment 32 ,°'° To be based on a firm fixed percentage of equipment cost (the total after supplier's discount has been taken but before freight charges are added) NOTE. • If only bidding to supply playground equipment, you must list your certified installer below. • Your certified installer must, submit a bid (on our bid document) for installation in order to be awarded a contract, Certified Installer's Company Name „ N/A (if other than self) Vendor Name: PETE JEn-M & ASSCCLNTES, INC. A -I NOV - 0S -1998 THU 13:36 ID:JEFFREY ASSOCIATES TEL:1 412 767 9716 P;01 -I REPLY to! e9/ Roux 010 2119 URV C,,N STREET ��j�i frr.J ^ INDIAN< -I A, PA 1.5051 MAN00 I.32803 I /� ( lK10 27t•849.5 80U•721•A�5 ! FAX Al2.767! >71A W 407.814.7271 {. `' nC�.l;lc ?•r���r�l;l ��yt,r.�r�•x F�r�Xrt��r� f November 5, 1998 City Of Palm Beach Gardens 4404 BUMS Road Palm Beach Gardens, FL 33410 Attn: Sue Miller (561) 775 -8271 (561) 775 -3230 FAX Dear Ms. Miller: In accordance with your request, we are pleased to provide the following quotation for play equipment by Playworld Systems. FUN SALE BROCHUR -' North :Play Area (1) PD5100 Mega Fun Center with Accessible Stairs S 5, 295.00 (1) 40271 3' .Heavy -duty Swing with (4) Belt Seats 325.00 South Plav Area (1) Playmaker 500 -345 Playstructure as shown in the Fun Sale Brochure 11 6,905,00 Sub Total 513,115.00 Shipping Charges 1.34 ^.00 Delivered Price (No Tax) 514,657.00 Add For Installation 5,390.00 (650) Square Feet of 2" CLLshion Play CT -50. Choice of Colors: Black. 0,951,00 Red, Green, or Cray. Delivered and installed over a 4" concrete pad, Total $29,998,00 N07ES: 1. Installation includes: Layout, Digging Footings, Set -Up, Erection, Concrete for Footings, and Clean -Up. 2. installation does not include: Site Preparation, Removal of Existing Equipment, 'Resilient Surfacing, Borders, Permits, or Removals from Site. 3. Include a copy of your Tax Exempt Certificate with order. 4. Minimum installation is $1,000,00. 5. This quotation is subject to site inspection to confirm the existence of normal conditions. Rock, uncharted utilities, and any other extraneous or unusual Features must be evaluated, addressed, and performed, as an extra. Payment for work pertortned as an extra will be due immediately upon completion, PLAYMAKERS 500 -345 - , _ Deep Rung Arch Climber s � Sliding Loop 1 Ladder ,. wlAccess Ladder Lightning r Wide Slide Hand -Ove wlAccess Pole '� 421, - .- . -. -.• •48„ Tree Climber 1 d L dder e TELt1 412 767 9716 Pt04 Transfer Station kv /step a, THU 13:36 ID :JEFFREY ASSOCIATES MEGA FINN CENTER #PD5100 Fantasy Wail wlTelescope 10 Ladde Climb 1 TEL:1 412 767 9716 22' ing 20' P:03 CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING OCTOBER 29, 1998 The October 29, 1998, workshop meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL The City Clerk called the roll and the following elected officials were found to be in attendance: Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. Mayor Joseph R. Russo arrived at 8 p.m. Vice Mayor Lauren Furtado was absent from the meeting. ANNOUNCEMENTS ablin /tated the announcements were as posted. ITEMS FOR DISCUSSION Seacoast Voting Share City Manager Herakovich described her duties as the City's representative on the Seacoast Board, and explained that most of the voting was on developers' agreements, infrastructure improvements, and expansion of facilities. Because of the number of users within the City, Palm Beach Gardens held the majority of voting shares. Issues under consideration involved what constituted a quorum; should it be clarified that the 'majority entity with more than 50% of the weighted votes must also have some other government agree with it when it voted against something; and when an entity had more than 51 % of the :voting shares could it veto a vote or block a meeting by simply not attending. City Attorney Acton provided information regarding terms of the interlocal agreement in regard to voting shares. Because amendments to the interlocal agreement required all five governments to agree, it was recommended that attempts be made to address issues without an amendment. The City Attorney advised that if rules and regulations were adopted instead of an amendment, any that violated terms of the interlocal agreement could not be passed but must be done as an amendment. Attorney Acton commented that some items could be done as a rule or regulation. The City Attorney answered questions from the City Council. Seacoast Attorney Herb Gildan discussed the operation of the utility and the fact that he agreed with Attorney Acton regarding the interlocal agreement; but outside counsel hired CITY COUNCIL, WORKSHOP MEETING, 10/29/98 2 by the Board did not agree with them; however, a way to give every government a say in matters was needed. Gail Nelson, a member of the Seacoast Board representing Juno, Beach, reported the utility was great and everyone got along beautifuly and there were no problems; but taking action now could prevent future problems. City Manager Herakovich raised the question of whether the entity with the most voting shares should have veto power. Councilman Sabatello expressed concern that changing the interlocal agreement would cause problems where now there were none. Mayor Russo joined the meeting, and agreed with Councilman Sabatello. Councilman Clark was against removing the blocking ability of the majority interest but agreed to consider good faith provisions and rule changes recommended by the City Attorney. Councilman Jablin agreed with Councilman Clark. Councilman Clark suggested resolving a possible future deadlock by; a provision to resort to an impartial third party. Consensus was not to change the current agreement but to address rules. Councilman Jablin expressed his opinion that the rules should contain a provision to make the other entities comfortable so that they would not feel their input did not count. Palm Beach Gardens Municipal Golf Course (a) Golf Committee The possibility of setting up a golf committee in order to provide communication was discussed. Mayor Russo requested the Finance Director provide figures as to how much'it cost the City to set up a committee. The City Manager suggested a survey of residents. Two City Council members favored a committee while two others were concerned that a committee would try to control the golf course; however, it was agreed that citizen input was necessary. It was agreed to delay this matter for approximately six months. (b) Future Options The City Manager recommended that the new management be allowed to operate for six months before considering future options. Current interest rates and refinancing were discussed. The Finance Director was requested to provide figures of the cost of refinancing, and gave approximate figures. Possibly adding the cost of a clubhouse when refinancing was discussed. Citywide Parkway System Mayor Russo commented that Vice Mayor Furtado had concerns regarding the parkway system. Principal Planner Kim Glas provided a slide presentation regarding the Comprehensive Plan/Parkway System. Councilman 'Sabatello expressed his CITY COUNCIL WORKSHOP MEETING, 10/29/98 3 preference for more landscaping than for open land, and suggested a landscape plan for open areas and guidelines for maintenance rather than negotiating with developers on each project, and favored City control of buffers. David Barth provided his concept of a parkway system, using Kansas City as an example. The City Manager explained that staff was looking for possible strengthening of the code and comprehensive plan to avoid situations where developers bargained their way out of it. A plan to set aside necessary corridors regardless of how landscaping concepts might change in the future was recommended'. Ms. Glas showed a plan developed for the city in 1987 by Team Plan which showed developed cross sections for corridors, and a parkway concept developed by the MacArthur Foundation in 1990. Mr. Barth pointed out that the MacArthur concept was for a rural setting while the Team Plan design was for an urban area. During discussion, Councilman Sabatello pointed out that the County's major corridors were almost finished and future roadways would penetrate large residential communities, for which rights -of -way needed to be established. A discussion ensued regarding the Golf Digest project. Consensus was to stay with minimum standards established for existing parkways and refine them for some of the smaller roads which had not been considered as part of the plan going forward. On smaller roads issues would be addressed regarding shrinking the size of right -of -ways and trading land scaping for land. Staff direction was to return with a cross section and a landscaping plan. Turnpike Interchange City Engineer Len Lindahl presented the interchange plan and impacts to Steeplechase residents. Concern was expressed by the City Council members who did not know the Jog Road Extension access road would be built as a part of the interchange. Mayor Russo requested that residents and the Homeowners Association be alerted and invited to come in to speak with Vice Mayor Furtado. Fire Station Cost Analysis Chief Bergel presented an analysis which showed that the cost of relocating Station 4 to the Golf Digest Development would be significantly less than building a new Station 5 at Frenchman's Creek. The existing station could not service both Golf Digest and PGA with the level of service called for in the Comprehensive Plan, and did not currently provide a sufficient level of service for PGA. The level of service in District 5 was sufficient and would not change when the County's station at Cabana Colony closed. The City Manager recommended that the fire station analysis be adopted into the code. The City Manager noted that the CITY COUNCIL WORKSHOP MEETING, 10/29/98 4 Environmentally Sensitive Lands Acquisition Committee was looking at acquiring land just south of Frenchman's Creek, and also that the Devonshire ALF would double call volume in that area. Consensus was in favor of relocating rather than building a new station. Tennis Center Update Sue Miller presented a color scheme for the tennis center, showing a pale yellow with dark forest green accent, and a metal roof. Councilman Sabatello agreed to meet with the architects to revise the roof color.' CITY MANAGERS REPORT Burns Road City Engineer Lindahl reported that increased traffic resulting from new devleopment would soon trigger a higher level of service for Burns Road which was the City's medical access, and hoped impact fees from North Palm Beach projects could be used to widen the roadway and provide additional landscaping. Traffic problems at St. Mark's school were discussed. The City Manager reported the Weiss School and St. Mark's had different starting times, and that Northcorp employees had been encouraged to use RCA Boulevard rather than Burns Road. Terrace Lighting at Municipal Complex Alternative lighting designs were presented. The City Manager reported Joel Channing and John Glidden had volunteered time to work on designs, and commented it was hoped the design chosen for the terrace could be used in other areas throughout the City. The City Manager requested that at some point a light pole design or use in parkways was needed. Consensus was for either design 3 or 4. CITY COUNCIL WORKSHOP MEETING, 10/29/98 5 ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, the meeting was adjourned at 11:00 p.m. . APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 5, 1998 The November 5, 1998, Regular Meeting; of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:30 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to 'the Flag. ROLL CALL The Deputy City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. Vice Mayor Lauren Furtado was absent from the meeting. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGERS REPORT City Manager Herakovich described the new public art brochure, which had been sent to residents and would be placed in hotels and other public places. Councilman Jablin volunteered to serve as the alternate to the Northlake Boulevard Task Force, and Councilman Sabatello was appointed alternate to Eastward Ho! The City Manager requested available dates to set up a meeting with the Riviera Beach City Council. City Manager Herakovich reported the City had hired an MIS Manager and a Code Enforcement Officer. No flooding had been experienced during recent rains. It was the consensus of the City Council to accept Jupiter's invitation to tour Abacoa. The City Manager requested that City Council members contact her if they could attend a retirement dinner dance for the Mayor of Riviera Beach. Construction Manager's Report Construction Manager Bill Mignogna reported on progress made in construction of the Municipal Complex since his last report. Mr. Mignogna reported progress on the ball fields and that the contractor was on schedule to have the fields completed on time. Progress was reported on the Police Station, City Hall, Fire Station, grading for the main entrance drive, and Military Trail trenching to the main sewer line as well as underground electrical service. Mr. Mignogna described several change orders for which approval was CITY COUNCIL REGULAR MEETING, 11/5/98 requested. A requested change order to increase the size of the elevator was not approved. Councilman Clark made a motion to authorize proposed change orders numbers 3, 5, 8, 11, 12, 13, 14,:15 and 16. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. AWARDING OF BIDS Hystat Dozer Councilman Clark made a motion to approve the staff recommendation to piggyback off of the State contract to purchase a Cat D3GLX III Hystat Dozer with Allied Winch W3C attachment from Kelly Tractor Co., for a total sum of $64,017.00. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Towing Contract Councilman Clark made a motion to award the City's Towing Services to Kauffls of Palm Beach, Inc. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Grant Application Councilman Clark made a motion to approve the staff recommendation to authorize the City Manager to sign an agreement with Hemphill Planning & Financial Consulting Team Service to provide grant services associated with the Local Governments Grants in Aid program as sponsored by the Florida Legislature. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. ITEMS BY MAYOR AND COUNCIL Councilman Sabatello Councilman Sabatello reported he was still working on getting members for the Planning and Zoning Board. Councilman Jablin Mayor Russo reported the City Council had attended a meeting with a consultant regarding improving meetings, and that changes would be implemented during upcoming months. One item decided was that a consensus of three members -of the City Council was necessary to direct staff to perform a request. Consensus of four members was given for Councilman Jablin's request that staff provide a memo regarding uniform term limits and uniform reappointment procedures for all members of advisory boards. Councilman Clark It was reported that the newsletter article had not produced applicants for the Beautification Committee as yet. CITY COUNCIL REGULAR MEETING, 11/5/98 3 Mayor Russo Mayor Russo noted that he had attended the Economic Advisory Group meeting, and that the City and individuals had received a significant number of awards. COMMENTS FROM THE PUBLIC Mayor Russo announced public comments would be limited to three minutes. Siro DeGasperis Siro DeGasperis, 16 Martinique Cove, commended the City on the art brochure, Officer She+an for his attention to the needs of their community, and the City Council for their strict and tight scrunity of expenditures for the Municipal Complex. Mr. DeGasperis as President of PGA National POA encouraged the City Council to consider a safety buffer for the approximately 40 homes which would be close to the extra traffic lane to be installed on PGA Boulevard for the Golf Digest project. Mayor Russo requested that the residents hold meetings to decide the type of buffer they desired. Mr. DeGasperis reported he had sent a letter on behalf of the PGA National POA to the MPO proposing the proposed turnpike interchange be located near Beeline Highway where it would least affect residents, however, the proposed location was in a location which would have the greatest disruption of the quality of life for the residents of Palm Beach Gardens. Mr. DeGasperis urged the City Council to support the residents' wishes to try to get the turnpike interchange located in an area where it would have the least impact on residents. Mayor Russo advised that the City Council would discuss this matter when Vice Mayor Furtado returned. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin to approve the Consent Agenda as presented. Councilman Sabatello commented he would vote for all items on the Consent Agenda except Item 8 which involved property which would be purchased by his company. Councilman Clark withdrew his motion and moved approval of the Consent Agenda with Item 8 withdrawn. Motion was seconded by Councilman Jablin, which carried by unanimous vote of 4 -0. The following items were approved on the Consent Agenda: 1. Approval of Minutes of 10/1/98 City Council Regular Meeting. 4. Approval of Minutes of 10/6/98 City Council Workshop Meeting. 5. Approval of Minutes of 10/15/98 City Council Regular CITY COUNCIL REGULAR MEETING, 11/5/98 4 Meeting. 6. Proclaiming November 7, 1998, as "Arbor Day ". 7. Resolution 114,1998 - Consideration of Approval of Western Northlake Planning Study as Planning Tool 9. Resolution 119, 1998 - Consideration of Approval of Hibiscus Restaurant Plat 10. Resolution 123, 1998, Consideration of Approval of Plat for BallenIsles Parcel 8A. 11. Resolution 124, 1998 - Consideration of Approval to Support Municipal Competitive Grant Program Funds for Enhancement of Emergency Management and Mutual Aid Programs. Councilman Clark made a motion to approve Item 8, Resolution 118, 1998, Consideration of Approval of Plat for BallenIsles Parcel 20A & B, seconded by Councilman Jablin. Councilman Sabatello abstained because of a financial interest. Motion carried with 3 votes in favor, one abstention. PUBLIC HEARING Ordinance 6, 1998 Mayor Russo declared the Public Hearing open, which was duly advertised 10/21/98, and held on the intent of Ordinance 16, 1998, providing for amendment to Article IV of Chapter 2 of the City's Code of Ordinances Entitled "Code Enforcement" by Providing for Code Enforcement Proceedings to be Conducted by a Special Master. Growth Management Director Roxanne Manning explained that Ordinance 6, 1998 was presented for consideration of second reading and adoption. Lee Jebb, 11811 Avenue of the PGA, Chair of the Code Enforcement Board, stated that she and the other members of the Code Enforcement Board objected to the decision to change to a Special Master system, and explained the makeup of the Board and the procedures they followed; and objected to spending taxpayer dollars when a capable volunteer board was available. Another resident expressed her opinion that businesses and individuals were not treated the same by the Code Enforcement Board and agreed with a Special Master'system. There being no further comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Sabatello, City Council Liaison to the Code Enforcement Board, commented that the Code Enforcement Board had gone through a period of no staff support, but now the Code Enforcement Department had been restored with new personnel who were competent and professional and the Code Enforcement now had proper staff support. Councilman Sabatello, CITY COUNCIL REGULAR MEETING, 11/5/98 RESOLUTIONS: 5 Liaison to the Code Enforcement Board, expressed his opinion that the Code Enforcement Board had done a very good job under difficult circumstances and stated he would vote to keep the Board since he believed it would be an asset to the City if allowed to continue. Councilman Clark supported the Special Master system to avoid neighbors judging neighbors. Councilman Jablin expressed his opinion that based on Councilman, Sabatello's remarks and changes made by the City, the Code Enforcement Board should be given another chance. Mayor Russo reported he had not heard complaints recently as in the past, and was in favor of continuing with the Board. Councilman Jablin recommended the Code Enforcement Board be monitored and if it was found not to be working properly to then reconsider the Special Master system. Councilman Jablin made a motion to deny Ordinance 6, 1998 and not to place on Second Reading. Motion was seconded by Councilman Sabatello. Councilman Clark stated he would vote in favor of the motion to show he was behind the decision of the City Council. Motion carried by unanimous 4 -0 vote. Councilman Sabatello stated he would continue to report to the City Council regarding the Code Enforcement Board. Resolution 115, 1998 Councilman Clark made a motion to grant approval of Resolution 115, 1998, to Extend Term of Office for Two Members of the Board of Trustees of the General Employees' Pension Fund. The motion was seconded by Councilman' Jablin, and carried by unanimous 4 -0 vote. Resolution 116, 1998 Both staff and a representative of the Art Advisory Committee recommended that the sculpture for the MacArthur Center Office Building be placed on the south side of the building. A representative for the petitioner supported the location at the fountain in the interior of the parking lot. Councilman Clark expressed his opinion that as a policy, art should be located on a main thoroughfare but in this case agreed to placement as recommended by the petitioner. Councilman Jablin expressed his opinion that the scale of this sculpture ; was too small for PGA Boulevard. Councilman Sabatello expressed his opinion that the location of each piece of art should be considered on an individual basis. Councilman Clark made a motion to approve Resolution 116, 1998 with revision to Section 3 as read into the record by the City Attorney: that the sculpture shall be placed within the fountain CITY COUNCIL REGULAR MEETING, 11/5/98 6 located in the interior of the parking lot as reflected on the approved site plan. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Resolution 117, 1998 Principal Planner Marty Minor presented the project for the Northlake /Congress Commercial Center which included Pollo Tropical and Walgreens. The City Council requested that in the future all landscape plans be mounted for easier viewing. Lou Gaeta, representative for the petitioner, stated petitioner agreed to the staff conditions except the signage location for Pollo Tropical. Discussion ensued. Donaldson Hearing; Landscape Architect for Walgreens, responded to Councilman Sabatello's request for landscaping to screen the parking lot by offering to install plants at 30 "x 30" instead of 24 "x 24 ". Petitioner was requested to use the same roof tile on both buildings. The next agenda item was considered in order to allow staff time'to formulate language to accommodate the desired changes in Resolution 117, 1998, after which the following changes were read into the record by the City Attorney: Section 2, Condition 5, to continue the first sentence so that it shall read, The applicant shall comply with all requirements of the roadway beautification and enhancement plan once same is established by the City of Palm Beach Gardens and shall maintain said improvements per City landscape maintenance standards which shall be adopted by the City of Palm Beach Gardens ... with the rest of the sentence to remain the same. New Condition 7 shall be added: Prior to issuance of first building permit, the site plan shall be revised to reflect that the roof tiles of both structures shall be the same color, texture, and style, to be selected by the applicant from one of the two tile colors presented, subject to final review by City staff. Councilman Clark made a motion to approve Resolution 117, 1998 with changes read into the record by the City Attorney. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. Resolution 120, 1998 Principal Planner Marty Minor presented the project for an Amendment to The Oaks PUD, known as The Oaks Center, to Eliminate the Second Story Space in the Easternmost Building, the Addition of Two Decorative Towers, and Connecting Three Buildings, for which staff recommended approval with nine conditions. Mayor Russo reported St. Mark's school would stagger arrival and departure times to hopefully improve traffic conditions. Landscape Architect Donaldson Hearing spoke on CITY COUNCIL REGULAR MEETING, 11/5/98 7 behalf of the petitioner. i Resident Gary Nagle; 2560 Prosperity Oaks Court, presented a petition from residents of Prosperity Oaks objecting to reduction of the buffer from 48 to 43 feet. Pam Dodge, 1093 Raintree Court, representing homeowners of Town Oaks subdivision, expressed, concern regarding what types of plants would be facing Burns Road, the building color, and safety of the access. Joan Gindlesperger, 1066 Raintree Lane, expressed concern regarding beautifying, landscaping, quality, and safety. Architect Ted Davis described architectural features. Consensus was not to reduce the buffer. Several items were discussed to be included in conditions of approval. After discussion, petitioner agreed to change the hedge and to install and maintain median landscaping. Building colors were reviewed. Because of the difficulty of incorporating the desired changes into the Resolution, it was agreed to bring it back in two weeks but to allow the petitioner to proceed with the process in the meantime. I i Resolution 121, 1998 Principal Planner Marry Minor presented the project for Approval of a Site Plan Amendment to Parcel 10, Ballenlsles For the Entry Way, Signage, and Landscaping. Councilman Clark made a motion to approve Resolution 121, 1998. Councilman Jablin seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES Ordinance 26, 1998 Because the petitioner had requested this item be delayed to a future agenda, consensus was 'Ito place consideration of First Reading of Ordinance 26, 1998, Providing for a Waiver from the PGA Boulevard Corridor Overlay Section 118- 280(g)(14), Entitled "Building Design Guidelines ". "Underground Utilities ", and a Modification to the Approved City Centre Landscape Plan on the agenda for the second meeting in December, 1998. It was decided that justification must be provided by petitioners in the future if they requested agenda items be pulled and considered at a future meeting. ITEMS FOR DISCUSSION Mayor Russo Mayor Russo commented there had been great participation at the meeting of the Economic Advisory Group in Riviera Beach that day. Councilman Clark Councilman Clark reported the Equestrian Task Force would hold an Equestrian Summit to discuss the future of the industry in the County and would include the City's equestrian areas in their maps. I CITY COUNCIL REGULAR MEETING, 11/5/98 8 Councilman Sabatello Councilman Sabatello requested that language regarding the roadway beautification plan be applied to Burns Road where it might be widened. Councilman Clark requested the language also be applied to the section of Burns Road near the Municipal Center. Consensus was 4 -0 to apply the language to all of Burns Road. ADJOURNMENT There being no further business to discuss, upon motion by Councilman Jablin, seconded by Councilman Clark, the meeting was adjourned at 10:58 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO CHAIRMAN PRO TEM ERIC JABLW COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: CINDY HARVEY, DEPUTY CITY CLERK t CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 19, 1998 Date Prepared: November 12, 1998 Subject/Agenda Item Consideration of approval for petition SP- 98 -18, a request by Rick Greene, agent, to amend the four -acre section of The Oaks PUD, known as The Oaks Center. The amendment includes eliminating the second story space in the easternmost building, the addition of two decorative towers and connecting the three buildings. The subject property is located at the northwest comer of Burns Road and Prosperity Farms Road. (8- 42S -43E). Recommendation /Motion: Staff recommends that Resolution 120, 1998 be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ] Finance NA $ [ ] Approved w /conditions ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Resolution 120, 1998 City Forester Comments Engineer Comments Applicant Response ( ] Not Required Letter Submitted by: Growth Management -Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: Original Approval The Oaks Center was originally approved as a four -acre outparcel as part of the Oaks Center Planned Unit Development (PUD) by Ordinance 31, 1989. The site plan for the outparcel was approved by Resolution 60, 1990 with an underlying zoning of Professional Office. Time Extensions Agenda Cover Memorandum Page 2 Date: November 19, 1998 Since the Oaks Center has been approved, there have been two time extensions given. One time extension was given in 1993 for two years by Resolution 60, 1993. Another was granted in May 1997 for another two years by Ordinance 4, 1997. In the years between 1995 and 1997, the petition for a time extension was still valid due to Ordinance 15, 1996, which revised the City's process for administering development rights time extensions. Site Location The current land use designation for the subject site is Professional Office (PO). It is also zoned Professional Office with a Planned Unit Development (PUD) overlay. The site is surrounded on the west by "The Oaks" residential PUD, the north by Prosperity Oaks Court residential subdivision, to the south by Burns Road and Town Oaks PUD, and the east by Prosperity Farms Road and Village of North Palm Beach land. REVIEW PROCESS: This is a request for an amendment to a site plan within a PUD. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the 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 amendment approval for consideration of approval, approval with conditions, or denial. PROJECT DETAILS: Comparison of Original and Proposed Plans The Oaks Center was approved on May 3, 1990. The development, included three buildings designed as one -story structures with the exception of approximately 3,500 square feet of second story space in the easternmost building. The new proposal includes the elimination of this second story, the connection of the three buildings and the addition of two , decorative towers. The architectural style will be the same Mediterranean style with a concrete barrel the roof, stucco bands and columns. It will also include an ornamental fountain, as depicted in the original plans. Below is a comparison of the existing and proposed plans. 1990 Plan Proposed Use Office Net Leasable Area 39,600 s.f. Gross Area 41,600 s.f. Number of Buildings 3 Number of Stories 1 & 2 Parking Spaces Provided 162 1998 Plan Office 39,600 s.f. 40,362 s.f. 3 1 162 Agenda Cover Memorandum Page 3 Date: November 19, 1998 Code Compliance Below is a table displaying land use and proposed site plan elements. Zoning PUD Planned Unit Yes Yes Development - Professional Office Min Front..'..:::-. 25 feet 22 feet Exceeds Min. No Setback Approved Min. Side 15 feet 20 feet Yes Yes Setback Min Rear 10 feet 48 feet Yes Yes Setback Min. Landscape 15 feet 10 feet Yes No Buffer Parking Spaces 1/300 sf floor 162 spaces Yes Yes area 40,362/300 =135 Parking 10'x 18.5' 9'x1 8.5' No (Approved Yes, with City ©imensions plan had 9'x20', Council approval 9'x18') Min No Of 2 spaces 1 space Exceeds # No Loading Spaces :. Approved Open Space 15% Min. 37.75% Yes Yes Max Building 36 feet 20' Building No Yes Height 39' Tower Max. Building 35% 23% Yes Yes Lot >Coverage As mentioned previously, this project was approved in 1990. That approval waived the requirement for a 25 foot front building setback, a 15 foot landscape buffer, 10'x 18.5' parking dimensions, and for loading spaces. The current proposal includes adding one loading space, Agenda Cover Memorandum Page 4 Date: November 19, 1998 providing a 10 foot landscape buffer, 9'x 18.5' parking dimensions, and a 22 foot front building setback. Other Details Tree Preservation: This project is unique in that it attempts to preserve as many existing trees as possible. The petitioner plans to continue this preservation effort with the submission of this revision. Drainage: The petitioner plans to replace the existing swale running through their property with a drainage line consisting of 18 -inch and 24 -inch pipes. This is a welcome improvement, especially for the neighboring residents who have experienced flooding in the past. Towers: The two proposed towers are 39 feet in height, while the height limit for professional office is 36 feet. This will not require a waiver. Towers, by code, are not counted towards building height. Entrance features: The proposed entry way will be 30 feet wide with precast pavers. The entrance sign will be 7 feet tall and 12 feet wide and will say "The Oaks Center." The letters will be 6" cast aluminum and lit by a ground flood light on each side. Parking: The proposed square footage does not change the number of parking spaces required, although the number of required handicapped spaces has changed from four to six. The petitioner has provided the additional spaces. Front Setback: Another City Code requirement is the front setback of 25 feet along Burns Road. The petitioner is proposing 22 feet. The approved plan shows a 19 foot setback (2 feet were dedicated to the city). Staff does not have an objection to the 22 foot front setback. Service Apron: The last item that vanes from the original plans is the removal of paver blocks from around the perimeter of the buildings, to be replaced by a 6 foot service apron which will provide room for mechanical and air conditioning equipment. This equipment will be screened by a cocoplum hedge which shall be 3 feet high at the time of planting. This hedge will extend 4 feet beyond the a/c condenser units in either direction. DEPARTMENTAL COMMENTS: Engineering Issues Assistant City Engineer Tammy Jacobs has reviewed the petition. Her comments are attached to this report. Parking Spaces Another concern Ms. Jacobs has is the dimension of the parking spaces. The applicant is proposing 9' x 18.5' parking spaces, which are allowed by code only with City Council approval. Wheel Stops The petitioner has also revised the site plan to include wheel stops where parking spaces do not Agenda Cover Memorandum Date: November 19, 1998 Page 5 abut a sidewalk and agreed to provide a 2'6" sod strip for parking adjacent to landscaping, as required by City Code. This is shown on the revised landscape plan. The petitioner has responded to all of Ms. Jacobs other concerns. City Forester City Forester Mark Hendrickson's comments are attached to this report. Below is a summary of his concerns: Revised Landscape Plan The City's Landscape Code has changed considerably since the approval of this project. Since the revisions have changed the approved landscaping more than 25 %, the petitioner has had to resubmit its landscape plan for formal review. The petitioner has provided new landscape tabular data using the point system and has submitted a new topographic survey. Northern Landscape Buffer Mr. Hendrickson commented that the Oak trees on the north portion of the site will require heavy pruning and will substantially alter their appearance in order to provide room for the new one -story building. Concrete Service Apron Mr. Hendrickson does not believe the service apron is needed. If it is approved by the City Council, he will work with the applicant to micro -site the location of the apron around the trees. Wildlife Two other issues Mr. Hendrickson addressed were the existence of gopher tortoises and mangroves. The petitioner has agreed to relocate the tortoises to the Hobe Sound National Wildlife Refuge and to identify the location of the existing mangroves. For the remaining concerns, please see the attached memo. Seacoast Utility Authority Seacoast Utility Authority has reviewed the plans and has no concerns at this time. Building Division City Building Official Jack Hanson has examined the plans and has no concerns at this time. Police Department Sergeant Jay Spencer of the Police Department expressed concern about lighting in the walkway under the overhangs. The petitioner agreed to provide lighting and the supporting photometric plan. SITE PLAN AND APPEARANCE REVIEW COMMITTEE ( SPARC) This petition went before the SPARC on August 25, 1998 and on September 22, 1998. The following issues were discussed: Agenda Cover Memorandum Date: November 19, 1998 Page 6 Landscape Buffer (Resident concerns) In previous submissions, the applicant had shown a 10 foot front landscape buffer. Staff and Members of the SPARC recommended that they shift the buildings back to provide for the required 15 foot buffer along Bums Road. The residents of Prosperity Oaks expressed their desire to keep the buildings set back 48 feet rather than 43 feet. Staff continues to prefer the 15 foot buffer since Burns Road will eventually be widened. Loading spaces This site was approved with no loading spaces. City code requires 2 ,spaces with the proposed number of square feet. The applicant has agreed to provide one 'loading space per request of Staff and of Members of the SPARC. The location is shown on the site plan. Awnings The applicant had proposed 9 colors for each of the awnings. Staff had suggested that they reduce the number of colors and provide more compatible colors. The SPARC recommended that they reduce the number to 4 colors plus white. Service apron The SPARC recommended that the applicant work with the City Forester to micro -site the location of the proposed concrete service apron around the building perimeter to maximize the preservation of the existing oak trees. Fire walls The SPARC recommended that the applicant should eliminate the proposed fire walls and replace them with an automatic sprinkler system. The applicant has agreed to do so and Staff has added this to the conditions of approval. Fence hedge Since Mr. Hendrickson was not satisfied with the applicant's choice of hedge along the proposed fence; the applicant has chosen a 48 inch Wax Myrtle hedge. The SPARC recommended that the hedge be 48 inches at the time of planting. Screening of a/c units The SPARC recommended that the applicant install a 36 foot cocoplum hedge which extends 4 feet beyond the a/c condenser units in either direction. The applicant has revised the landscape plan in response. Entrance to site The SPARC requested that the applicant reevaluate the horizontal geometry of the entrance to the site. The applicant has discussed the issue with the City Engineer and it meets the City requirements. On September 22, 1998, the Site Plan and Appearance Review Committee recommended approval of this petition with 14 conditions by a 5 -1 vote. Agenda Cover Memorandum Page 7 Date: November 19, 1998 CITY COUNCIL MEETING - NOVEMBER 5, 1998 At the City Council meeting, the council members agreed that the original 48 foot buffer should remain. The applicant was instructed to revise the site plan accordingly. The applicant was also asked to choose one color for the proposed awnings from their original palette of colors. During the meeting, the council members agreed upon the color plum. The applicant has submitted the revised plans, but has asked to be approved for solid yellow awnings. Finally, the council members asked that all future petitions include a condition that obligates the applicant to comply with future Roadway Beautification plans adopted by. the City. A condition has been added to Resolution 116, 1998. RECOMMENDATION (Monitoring Entity) The Growth Management Department recommends approval with the following conditions: Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owner allowing the applicant to pave and landscape within the existing easements. (Building Division) 2. Prior to construction plan approval, the applicant shall show a sprinkler system rather than the proposed fire walls on the construction plans. (Building Division) 3. Prior to the issuance of the first building permit, all applicable impact and inspection fees shall be provided to the City. (Building Division) 4. Prior to the issuance of the first building permit, the permit by the: Florida Fresh Water Fish and Game Commission to remove the gopher tortoises off this site shall be issued. (City Forester) 5. Prior to the issuance of the first Certificate of Occupancy, the applicant shall have completed construction of an eastbound left -turn lane on Burns Road at the proposed office driveway. (Building Division) 6. The applicant shall use the best management practices for tree protection, including modifying the building's foundation apron and roof line, providing tree root protection, the use of proper tree pruning techniques, and the proper clearing and grubbing techniques during construction. Sections 98 -70, 98- 33(b), and 98- 105(e)', shall be the contingency plan for trees that die during or from construction and relocation efforts related to this project. (City Forester) 7. The Developer shall contact in writing (certified mail) the adjoining residential property owners on Prosperity Oaks Court at least two (2) weeks before the fence is installed along the property line. (Planning & Zoning) 8. Prior to construction plan approval, the applicant shall revise the! photometric lighting plan Agenda Cover Memorandum Page 8 to show a maximum of 10.0 foot - candies. Date: November 19, 1998 9. Prior to construction plan approval, the applicant shall indicated on the construction plans that wheel stops will be located for each parking space adjacent to the proposed trees along the west property line of the site. 10. The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm -Beach Gardens and shall maintain said improvements per City landscape maintenance standards, which shall be adopted. Specifically, the applicant shall provide improvements in accordance with said plans in the following public right -of -ways: A. In the medium and along the north right -of -way line of Burns Road from the western terminus of this site to the Prosperity Farms Road right -of -way. B. In the medium and along the west right -of -way line of Prosperity Farms Road from the' northern terminus of this site to the Burns Road intersection. Revised 11/12/98 11/16/98 RESOLUTION 1 20,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 60, 1990, AS AMENDED, APPROVING AN OUTPARCEL AT "THE OAKS" PLANNED UNIT DEVELOPMENT GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF BURNS ROAD AND PROSPERITY FARMS ROAD, TO AMEND THE BUILDING ELEVATIONS; TO AMEND THE LANDSCAPE PLAN; TO RATIFY ORDINANCE 4, 1997; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens originally approved "The Oaks Center" site plan by Resolution 60, 1990, and subsequently amended such resolution to allow for two time extensions of development rights; WHEREAS, "The Oaks Center" approved by Resolution 60, 1990, is an outparcel of "The Oaks" Planned Unit Development, approved by Ordinance 31, 1989; WHEREAS, the City approved Resolution 60, 1993 allowing a time extension of development rights for "The Oaks Center"; WHEREAS, the City approved Ordinance 4, 1997 allowing an additional time extension of development rights for "The Oaks Center "; WHEREAS, the City has received a petition from Rick Greene of DC Land Co., Ltd. to amend Resolution 60, 1990, to allow revisions to building elevations and the landscape plan; with conditions of approval; WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby ratifies the provisions of Ordinance 4, 1997. Section 2. The City Council of the City of Palm Beach Gardens hereby approves an amendment to Resolution 60, 1990, as amended, to provide a site plan amendment for the construction of three office buildings on 4.0 acres of "The Oaks" PUD, known as "The Oaks Center," located at the northwest corner of Burns Road and Prosperity Farms Road. Section 3. Construction of said development shall be in accordance with following plans on file with the City's Growth Management Department: 1. November 11, 1998 Site Plan, Cotleur Hearing, Sheet 1 2. November 11, 1998 Landscape Plan, Cotleur Hearing, Sheet 1 -2 3. November 7, 1998 Elevations, Theodore E. Davis, Architects & Associates, Sheets A -6, A -7, A -8 4. October 5, 1998 Irrigation Plan, Sheet 1 5. October 5, 1998 Boundary & Topographic Survey, Sheet 1 6. July 29, 1998 Floor Plans, Theodore Davis, Architect & Assoc., Sheets A -2 through A -5, A -9 through A -12 7. August 19, 1998 Buffer Profile, Cotleur Hearing, Sheet 1 8. November 11, 1998 Lighting Plan, Cotleur Hearing, Sheet 1 Section 4. This approval is based upon the applicant's compliance with the following conditions. These conditions shall supersede those of Resolution 60, 1990: 1. Prior to the issuance of the first building permit, all applicable impact and inspection fees shall be provided to the City. (Building Division) 2. Prior to the issuance of the first clearing/building permit, the permit by the Florida Fresh Water Fish and Game Commission to remove the gopher tortoises off this site shall be issued. (City Forester) 3. The applicant shall use the best management practices for tree protection, including modifying the building's foundation apron and roof line, providing tree root protection, the use of proper tree prun nglechniques, and the proper clearing and grubbing techniques during construction. Sections 98 -70, 98- 33(b), and 98- 105(e) shall be the contingency plan for trees that die during or from construction and relocation efforts related to this project. (City Forester) 4. The applicant shall notify in writing (certified mail) the adjoining residential property owners on Prosperity Oaks Court at least two (2) weeks before the fence is installed along the property line informing them of the installation. (Planning & Zoning) 5. Prior to construction plan approval, the applicant shall provide an automatic sprinkler system rather than firerwalls on the construction plans, per LDR Section 38 -90, Fire Prevention and Protection. (Building) 6. Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owner allowing the applicant to pave and landscape within the existing easements (Building) 7. Prior to construction plan approval, the applicant shall revise the photometric lighting plan to show a maximum of 10.0 foot - candles. 8. Prior to construction plan approval, the applicant shall indicate on the construction plans that wheel stops will be located for each parking space adjacent to the proposed trees along the west property line of the site. 9. Prior to the issuance of the first Certificate of Occupancy, the applicant shall have completed construction of an eastbound left -turn lane on Bum Road at the proposed office driveway. (Building) 10. The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens and shall maintain said improvements per City landscape maintenance standards, which shall be;adopted. Specifically, the applicant shall provide improvements in accordance with said plans in the following public right -of -ways: A. In the median and along the north right -of -way line of Burns Road from the western terminus of this site to the Prosperity Farms Road right -of -way. B. In the median and along the west right -of -way line of Prosperity Farms Road from the northern terminus of this site to the Burns Road intersection. Section 5. All phases of the development in the outparcel of "The Oaks" shall be issued a Certificate of Occupancy within three years from effective date hereof. Section 6. All Resolutions or Ordinances, or parts thereof in conflict herewith, are hereby repealed. Section 7. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF , 1998. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. C CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Memo to File From: Mark Hendrickson, City Forester /kf/J' Subject: SP- 98 -18, The Oaks Center Revisions Date: October 9, 1998 I have reviewed above - referenced plans submitted October 5, 1998. The following comments For the record, many of the Oak trees located to the north of the building will require heavy pruning in order to construct this one story building. No assumption should be made that the natural appearance, as one may view these trees :today, will remain. The petitioner continues to indicate several trees to be save, which I believe can not be saved due to their natural angle towards the future building. I suggest that the applicant be absolutely sure about their tree protection plan, because they have agreed to a condition of approval which provides for tree mitigation. The 6' concrete service apron around the building is not needed. For example, the petitioner is only providing a 5' sidewalk in front of the building. If City Council approves the 6' wide apron, I will definitely work with the petitioner to micro -site the location of the apron around trees, even to the extent of eliminating the apron for the protection of a tree. I believe the some micro- siting should be extended to the roof overhang, if necessary. At this time, I recommend the following conditions: 1. The applicant and or successors shall be responsible for the maintenance of the Burn Road green space within the road right -of -way. 2. The applicant shall use the best management practices for tree protection, including modifying the building's foundation apron and roof line, providing tree root protection, the use of proper tree pruning techniques, and the proper clearing and grubbing techniques during construction. Sections 98 -70, 98- 33(b), and 98- 105(e) shall be the contingency plan for trees that die during or from construction and relocation efforts related to this project. 15617460272 LBF &H JUPITER 315 P02 OCT 22 19B 00:53 Mb mf h L tINDAHI, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS. SURVEYORS R MAPPERS MEMORANDUM TO: Marty Nfinor FROM: Tanuny Jacobs DATE: October 21, 1998 SUBJECT: The Oaks Center (LBFH File No. 98 -4008) We have reviewed the revised Site Plan and Landscape Plan and Photometric Plan prepared by Cotleur Hearing received October 19,. 1998, We offer the following comments: 1) Previous> ,Satisfied. 2) Conditionally Satisfied. Prior to Construction Plan approval, we recommend the applicant revise the photometric lighting plan to show a maximum of 10.0 foot - candles. The applicant has met the minimum illumination level of 0.6 foot-candles per LDR Section 118 -474. 3) Previously Satisfied. 4) Previously Satisfied. 5) The applicant is requesting a waiver from LDR Section 118 -4,75 and is proposing 9' wide parking spaces. We support the LDR's requirements for a standard 10' wide parking space. 6) Previously Satisfied. 7) Previously Satisfied. $ 8) Previously Satisfied. O �y Cl e 9) Previously Satisfied. plgyry�c��8 I0) Previously Satisfied. 11) Previously Satisfied 12) Previously Satislle(6ST OFFICE BOX 727 • JUP(TER. FLORIDA 33468 -0727 210 JUPITER LAKES BOULEVARD • BUILDING 5400, SURE 104 • 1561) 746 -9248 • FAX ;'1561) 746 -0272 hit0::/www.lblh,com • e -mail: into(4bth mm WEST PALM EIEAC:H IUVITER STUART H)Rr PIERC"t OKEECHOUEE 15617450272 LOF &H JUPITER The Oaks Center Project No. 98 -4008 315 P03 OCT 22 '9B 09:00 Page 2 13) ConditionaW Satisfied. Since the actual location of the force main is uncertain and the myrtle trees will be planted 4' -5' from the force main, the distance from the curb to the myrtle trees is unknown. For this reason. prior to construction plan approval, the applicant will need to provide wheel stops for each of the parking spaces adjacent to the proposed trees along the west property line. 14) Previously Satisfied_ 15) Previously Satisfied. 16) Conditionally Satisfied. Prior to construction plan approval, the applicant shall provide a letter of authorization from the appropriate utility owner allowing the applicant to pave and landscape within the existing easements. We have no further engineering concerns with the exception of the above listed conditions. Therefore, we are able to recommend site plan approval. TJ P:IPEGMEMM4008d.doc c: Bobbie Herakovieh Roxanne Manning hM 116 Cotleum Hearing Landscape Architects Land Planners Errvironmental Consubants September 29, 1998 Angela Csinsi C44 Planner 1 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 -469 Re: The Oaks Center Revised Plans CH Project #98 -0701 Dear Angela: Pursuant to the recommendations of the September 22, 1998 Planning and Zoning meeting and your September 24, 1998 memorandum to Rick Greene in connection with the above referenced matter, we are forwarding to you revised documents. The following revisions and \or additional documents are provided in accordance with the Growth Management Departments and Planning and Zoning Board's recommendations. 1) (a) The boundary and topographic survey has been revised to reflect the most current easements and encumbrances. (b) Additional copies of the photometric lighting plan for the requirements of LDR 118 - 474(4) are provided herein. This plan was previously submitted. (c) The tabular data on the Site Plan has been revised to show 6 required handicap spaces. (d) Eleven additional wheel -stops have been added to the Site Plan to protect the proposed landscaping. (e) Landscape Plan has been revised to show a minimum of 2.5 foot sod strip where parking directly abuts a landscaped area�and a wheel -stop is not provided. (f) The handicap detail on the Site Plan has been revised to include diagonal blue stripes in accordance with our discussions with the City Engineer. Maplewood Professional Center 1934 Commerce Lane - Suite 1 Jupiter, Florida 33458 561 - 747 -6336 FAX 561- 747 -1377 http: /— .codeur- hearing.com e:¢xojectdoddivostattheoakscentee& -4.doc Angela Csinsi The Oaks Center September 29, 1998 Page 2 (g) As discussed with Angela Csinsi and as previously stated, the only existing and proposed easements on the site are for Seacoast Utilities. Seacoast Utilities generally does not provide letters of authorization to the applicant. Seacoast Utilities does however, review the final Landscape Plans as a part of the, permitting process. The applicant has received preliminary comments from Seacoast Utilities which are reflected in the form of notes on the Landscape Plan. 2) We agree, prior to the issuance of the first Building Permit all applicable impact and inspection fees shall be provided to the City. 3) We agree, prior to the issuance of the first Building Permit the applicant shall obtain a permit from the Florida Game and Fresh Water Fish Commission to remove the one existing gopher tortoise off -site. 4) We agree, in the event that existing oaks trees destroyed during construction or relocation purposes, three inches of new tree caliper will replace every one inch of caliper lost during construction. 5) We agree, the developer shall contact in writing by way of certified mail the adjoining residential property owners of Prosperity Oaks at least two weeks before the proposed fence is installed along the property line. 6) Prior to the construction of the proposed project, the applicant shall grant a temporary drainage easement (to be determined by the City'Engineer) to the City that generally follows the alignment of the existing outfall that serves the immediately vicinity. 7) The applicant shall work with the City Forester to micro -site the location of the concrete apron around the proposed building perimeter to maximize the preservation of the existing oak trees. 8) As recommended by the Planning and Zoning Staff and the Planning and Zoning Board, the applicant has revised the Site Plan to provide a 15 foot buffer along Bums Road with a 43 foot buffer adjacent to the Prosperity Oaks Subdivision. 9) As recommended by the Planning and Zoning, the previously proposed Schefflera hedge along the northern fence line has been replaced with a 48 inch Wax Myrtle hedge. The applicant has discussed this matter with the City Forester. 10) The Planning and Zoning Board determined that the construction of concrete walls around the air conditioning units was not required. As requested by the Planning and Zoning Board, the applicant has discussed this matter with the City Forester. The applicant proposes to install a 36 inch cocoplum hedge which extends 4 feet beyond the a/c condenser units in either direction. The detail on the Landscape Plan has been revised accordingly. Angela Csinsi The Oaks Center September 29, 1998 Page 3 11) The applicant will provide fire sprinklers to eliminate the proposed fire walls. 12) As requested by the Planning and Zoning Board, one loading zone has been added in accordance with the overlay previously provided to the City Staff. 13) As requested, the applicant has agreed to limit the colors of the proposed awnings to four colors plus white. A governing note has been added to the Site Plan accordingly. The colors selected will be as follows: 503 Royal Blue and 523 White; 504 Lemon and 523 White; 505 Devil Red and 523 White; and 514 Lime Green and 523 White. 14) As requested by the Planning and Zoning Board, the applicant has evaluated the horizontal geometry of the entrance. The applicant has discussed this matter with the City Engineer. It has been determined that the existing geometry of the entrance is acceptable and meets the requirements of the City Engineer. 15) The parking in the northeast comer of the building has been revised to address the potential the backup conflict identified by the Planning and Zoning Board. 16) This comment is addressed by number 14 above. 17) Irrigation Plans - As requested the Irrigation Plans have been modified to address the City Forester's concerns. Please find enclosed seven (7) copies of the following documents: 1) Revised Site Plan; 2) Revised Landscape Plans; 3) Revised Boundary and Topographic Survey; and 4) Revised Irrigation Plan, Lighting and Photometric Plans. To the best of my knowledge we have addressed either in writing or on the plans all the issues raised by the City Staff and the Planning and Zoning Board. Should you have any questions or need any additional information concerning this matter, please do not hesitate to contact me. Enclosures cc: Rick Greene RESOLUTION 125, 1998 11/16/98 A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLAT OF BALLENISLES POD 8B; AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Plat of BallenIsles Pod 813; WHEREAS, the City Engineer has determined that the proposed plat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The plat of BallenIsles Pod 8B, consisting of six (6) sheets dated November, 1998, prepared by Keshavarz & Associates, Inc., attached hereto as Exhihit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST LINDA V. KOSIER, CMC DAY OF NOVEMBER, 1998. JOSEPH R. RUSSO,MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY RESOLUTION 125, 1998 PAGE 2OF2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO RESOLUTION 126, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING MAYOR JOSEPH R. RUSSO TO THE BUSINESS ADVISORY BOARD OF THE FIVE STAR MAGNET PROGRAM AT PALM BEACH GARDENS COMMUNITY HIGH SCHOOL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a large number of people are employed in the Palm Beach Gardens Community High School Magnet- related businesses in South Florida and it is critical to work together to ensure that the next generation of employees and leaders is well - prepared to maintain the future growth of our economy; WHEREAS, Palm Beach Gardens Community High School Five Star Magnet Program has formed a Business Advisory Board; and WHEREAS, Mayor Joseph R. Russo has been requested to serve on said Business Advisory Board. 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 appoints Mayor Joseph R. Russo as the City's representative to the Palm Beach Gardens Community High School Five Star Magnet Business Advisory Board. SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST LINDA V. KOSIER, CMC DAY OF 1998. JOSEPH R. RUSSO,MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY RESOLUTION 126, 1998 PAGE 2 OF 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO September 18, 1998 FIVE STAR MAGNET PROGRAM Mr. Joe Russo, Mayor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Dear Joe, Global Business and Entrepreneurship Pre- Medicine Sports Management and Recreation, 6 Television and Film Production Technology Tourism, Hospitality and Resort Management On behalf of the FIVE STAR Magnet Program at Palm Beach Gardens Community High School, I would like to thank you for agreeing to serve on our Business Advisory Board. With a large number of people employed in our Magnet - related businesses in South - Florida, it is critical that we work together to ensure that the next generation of employees . and leaders is well - prepared to maintain the future growth of our economy. We believe that your insight, expertise, and concern are imperative for the future success of our students. The Board meets at Palm Beach Gardens High School on the second Monday of the month .. -: from 11:30 a.m. - 1:30 p.m. (lunch is served). The next meeting of the Business Advisory. Board will be held on Monday, October 12, 1998 in the Multi- Purpose Room. In the interim, we are enclosing a brochure describing our magnet programs, our last newsletter, and the minutes from our last meeting. We thank you for becoming involved in this. exciting venture. Sincerely, Arty Fal Magnet oordinator cc: Jim Gioia, Chairperson SEP Palm Beach Gardens Community High School, 4245 Holly Drive, Palm Beach Gardens, Florida 33410.561 -694 -7388 • Fax 561- 775 -7251 Invoice Date: September 18, 1998 Five Star Magnet Program Palm Beach Gardens High School 4245 Holly Drive Palm Beach Gardens, FL 33410 TEL (561) 694 -7388 FAX (561) 775 -7251 TO: Joe Russo, Mayor City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 PLEASE REMIT: $100.00 for Membership Dues September 18, 1998 Make check payable to Five Star Magnet Program. Thank you for your contribution. FIVE STAR MAGNET PROGRAM BUSINESS ADVISORY BOARD September 14, 1998 MINUTES Members Present: Roger Amidon, Richard Birnberg, Mike Branstetter (for Phil Jackson), Donn Colee, Roy Davidson, Chuck Elderd, Aaron - Jackson (for Jim Gioia), Robert Kneip, Karen Marcus, Michelle Murray, Donna Nottoli (for Mac McLaughlin), Rose Sherman, Dave Talley Members Absent: Jim Brosemer, Rose Anne Freeman Brown, Ed Eissey, Pam Gerig, Bob Levinson, Clint Matthews, Reg Miller, Rob Rabenecker, Nancy Salomonsky, Colin Wright Staff Present: Scott Blake, Arty Falk, Ed Gigante, Karen Kissel, Joyce Schmidt Students Present: Mark Baseman, Adam Gutin, Erin Sellers I. Welcome - Karen Marcus called the meeting to order and welcomed members to the first meeting of the new year. II. Minutes - The minutes of the June meeting were approved as written. III. Board Membership A. Nomination of New Members - Arty informed the board that presently there are 22 members on the board and the bylaws allow 30 members. Mike Branstetter has replaced Phil Jackson as-the representative from Palm Beach Community College. Nancy Salomonsky has resigned from the board. The following new members were nominated: Danna Ackerman-White (Amerian Heart Association), Jeff Atwater (NationsBank), Lisa DiNapoli (Magnetherapy), Christine Orsburn (OMC International LTD), Joe Russo (City of Palm Beach Gardens), Steven Schwack (Port of Palm Beach), Ellen St. John (Junior Achievement), and Cindy Williams (Bell South). B. Election of Members - A motion was made by Dave Talley and seconded by Bud Kneip to accept the eight new nominees. The motion passed unanimously. There was also discussion about revising the bylaws to allow up to 35 members on the board and to delete those members who miss three consecutive unexcused meetings. Possible changes in the bylaws will be mailed with the minutes and voted upon at the October meeting. B. Strategic Plan - Core competencies were presented for the Pre -Med and Business Magnets. These were developed during four different curriculum writing team meetings this past summer. Each of the magnet programs is working towards meeting their core competencies. Core competencies for the TV magnet will be available soon now that there is a new instructor (Ed Galazia) on board. There is also anew teacher (Jennifer Winston) in the Pre - Medicine Magnet and a new teacher (Karen Deese) has just been hired for the Business Magnet. Arty reported he is the coordinator for all of the Magnet Programs, Ed Gigante will continue as the TV Production Coordinator, Karen Kissel is the Pre -Med Clinical Coordinator, and Scott Blake is the Internship Coordinator for the Business programs. C. Summer Happenings - The TV & Film Production Magnet has entered contests in two different film festivals and is a finalist in all five categories in one of the contests. Mark Baseman produced and directed a short comedy on Virtual Reality which is one of the finalists. The TV & Film Production Magnet is now offering a class for non - magnet students which is a goal of the school to have opportunities in the magnet program for non - magnet students. Erin Sellers reported on the HOSA competition. She competed and ranked second in the nation in Pathophysiology. She had a great experience at the competition, enjoyed meeting others, and thanked the board for making the opportunity possible. Adam Gutin reported on his experience in a business internship this summer. He was among 41 students who participated in the summer business internships which was a great way to interact with different businesses and to find out what it is like to work in a career related to their area. Adam worked in the Marketing Department at PGA National and had an exceptional experience. He especially enjoyed doing press releases. VII. Meeting Format - There was some discussion about changing the meeting format so that the board would spend more time meeting with students and teachers involved in their various disciplines. It was decided to continue meeting as a large group next month and also have break -out meetings in the different areas. VIII. Members' Comments - Roy thanked Karen for serving as chairperson. IX. Next Meeting - October 12, 1998, at 11:30 a.m. The meeting adjourned at 1:15 p.m. Palm Beach Gardens Community High School aiM Y r: - r: Special Edition FIVE STAR MAGNET STUDENTS TALK ABOUT REAL WORLD EXPERIENCES Magnet students and Business Advisory Board members before a recent meeting Student representatives from Palm Beach Gardens High School's Five Star Magnet Program presented highlights of their programs at a Magnet Business Advisory Board luncheon. Students and staff members meet with Advisory Board members at a monthly meeting to discuss the program's goals and special activities. Advisory Board members provide a liaison between the magnet program and community professionals and businesses. Student highlights from the presentation included: ✓ , Business students applied skills they learned in school by participating in the Executive Internship program this past summer. ✓ Students participated in leadership and student competition opportunities at the state and national level in magnet- sponsored clubs. ✓ Magnet students spoke about the support they received from their magnet teachers and peers. ✓ Pre- Medicine students prepared for preceptorships in local medical facilities. ✓ Television and Film Production Technology students produced a live news show each day in their state -of -the art studio facility. Five Star Magn¢t Program Over 195 freshmen attended a special orientation the week before school began to help prepare them for their high school career as members of the Five Star Magnet Program Family. This brought the total enrollment in the magnet program to almost 600 students. These students are enrolled in one of five areas: Global Business and Entrepreneurship Pre- Medicine Sports Management and Recreation Television and Film Production Technology Tourism, Hospitality & Resort Management In each program, students take 1- 3 specialized classes per year that emphasize important life and career skills such as communication, critical thinking, problem solving, teamwork and technology. These skills- are practiced both in and out of the classroom through special guest speakers, field trips, internships, student organizations and community service. Participation on our magnet Parent/Student Advisory Board provides opportunities to enhance our program. This combination of academics and hands -on learning is helping to prepare students for top universities and rewarding careers. Magnet Mission Statement To provide qualified students interested in the Global Business & Entrepreneurship, Sports Management & Recreation, Tourism, Hospitality & Resort Management, Medical, and Television & Film industries with superior academic experiences and career opportunities within those disciplines while preparing them for post - secondary education and future employment. Palm Beach Gardens Communit High School Y "Home of the Gators" Palm Beach Gardens Community High School is a comprehensive high school serving grades 9 - 12 with an enrollment of more than 2200 students. The academic program provides many ojip'Runities to excel through Advanced Placement, honors, gifted, regular, Tech Prep, dual enrollment and magnet courses: Our elective program also offers. opportunities in such areas as Band, Chorus, Gatorettes, and the newly formed NJROTC. There is also a wide range of extracurricular activities with more than 30 clubs and organizations, an active Student Govemment.Association, and a completexange of interscholastic competitive sports. Our modern facilities include a new media center, television studio, science wing, networked computer labs, a weight room, dance studio and cafeteria. Girls' Tennis - State_Finalist Girls' Basketball - Conference IN iL B '..*,y ball - State "Elite 8" Girls' Cross Coun`�ry =3 Softball - Conference Girls' Golf - Conferee Girls' Volleyball - District Runner p onference Runner -ups - Bus-thtes s B y t e s "Integrated curriculum leads to future success." Palm Beach Gardens High School offers three business magnet programs in ,6o Global Business and Entrepreneurship ,m Sports Management and Recreation ,m Tourism, Hospitality and Resort Management that have been designed to simulate a college curriculum. Students take cornerstone Admission Criteria (For all 3 business programs) 2.6 grade point average 3 positive teacher recommendations (must include English) . CTBS- Quartile 3 or 4 Excellent attendance Exemplary conduct Available space and racial balance courses their freshman and sophomore years which give them essential skills and an overview of all three business areas through guest speakers, field trips and the use of technology. Participation in Future Business Leaders of America (FBLA) and ROPES leadership tr aining helps magnet students enhance their skills in communication, problem solving, teamwork and computer technology. Students then select one business program area to specialize in for their junior and senior years. This will lead to eligibility for the Florida Gold Seal Scholarship and an internship at a local business where students can apply the knowledge they learned in class in a real world environment. This integration of curriculum prepares students for top universities while giving them experiences they can build on their whole lives. Global Business & Entrepreneursh i "Students prepare for the Global Marketplace." Students specializing in Global Business & Entrepreneurship are prepared with the business skills necessary to become successful entrepreneurs and leaders in the global marketplace. After completing their International Accounting class, magnet students can complete an Executive Internship during the summer. Here they will apply knowledge they have learned in the classroom at a local business Magnet Courses 9th Introduction to Business Technology English I (H) - Communications in a Global Society World Geography (H)/Health Introduction to Sports/Personal Fitness 10th Business Computer Applications/ Desktop Publishing English II (H) - Communications in a Global Society 11th International Accounting Business Psychology Executive Internship (summer) 12th GLOBE Economics/ Strategies for College Success (dual enrollment) Business Organization & Management such as Wackenhut, Pratt & Whitney or Dean Witter Reynolds. As seniors, students run an international company in GLOBE Economics. This Junior Achievement course has students developing a real international company that imports and exports products with their sister school in Japan. Some students even had a chance to go to Japan to experience a foreign culture firsthand. Field trips to such places as the Morikami Museum and the Downtown Development Authority in West Palm Beach help make the program complete. These experiences are invaluable in preparing to be a successful business person. Students on ROPES course Sports Management is Recreation "Palm Beach County offers many opportunities in sports management and recreation." Touring Joe Robbie Stadium Magnet Courses 9th Introduction to Business Technology English I (H) - Communications in a Global Society World Geography (H)/Health Introduction to Sports/Personal Fitness 10th Business Computer Applications/ Desktop Publishing English II (I) - Communications in a . Global Society 11th International Accounting Sports Psychology Executive Internship (summer) If you haven't noticed, Palm Beach County is taking advantage of our location and weather to increase the number of sporting events in South Florida. There are major and minor league baseball teams with a new spring training facility on the way. Students can get involved in special events such as the Palm Beach County Sports Commission's Youth Festival, Florida Special Olympics State Games, Lou Groza National _Place Kicker Award,.-PGA. Seniors .Golf Championship, and all of the strong city and county recreation departments. 12th GLOBE Economics/ Strategies for College Success (dual enrollment) Business Organization & Management This all means opportunities for our Sports Management and Recreation magnet students to apply business knowledge learned from their classes through internships and projects. As an example, students interned at PGA National Resort and Palm Beach Kennel Club this past summer. Management teams of students also help organize Gator Jam, a holiday basketball tournament held at Palm Beach Gardens High School. Going on field trips to places such as Pro Player Park, Miami Arena, and the Palm Beach Kennel Club also adds to a full understanding of this exciting field. Students have also had opportunities to meet professionals such as Rob Niedermeyer of the Panthers and Jim Leyland of the National League Champion Marlins. With these real life experiences in hand, magnet students will be ready for their sporting future. Magnet students volunteering at the 1st Annual Five Star Magnet Program Golf Tournament at PGA National Tourism, Hospitality il, & Resort Management "Do you like to travel? You can get started now!" If you are like many people, you probably like to travel. You can begin now to prepare to be a professional in a multi - trillion dollar worldwide industry that is already the largest in Florida and will soon be the world's largest employer. As a resident of Palm Beach County, you can take advantage of a program that integrates unique high school courses with practical work experience in the field. Classes stress communications, problem solving, teamwork and computer skills. Students learn about cultures and destinations worldwide while exploring career opportunities. Students have enhanced these skills with field trips to tourism sites such as New York City, Universal Studios and the Morikami Museum and internships at such places as PGA National Resort and the Palm Beach County Convention and Visitors Bureau. There are an incredible number of opportunities in an industry that is the world's largest! These include NATIONAL ACADEMY FOUNDATION (NAF) A..a.., ■ ... 4..1.. As a member of NAF, the Tourism, Hospitality & Resort Management program is part of a network of over 200 schools nationwide. Students and staff benefit from a national board of directors dedicated to improving curriculum and providing staff development. NAF also offers college scholarships to select students. management and promotion of hotels and resorts, airlines and cruise lines, five star restaurants and catering services, convention centers and theme parks, yacht marinas and ski chalets and much much more. With 43 million visitors last year, Florida continues to be a travel destination for many people around the world. You can be part of this exciting industry! Magnet Courses 9th Introduction to Business Technology English I (H) - Communications in a Global Society World Geography (H)/Health Introduction to Sports/Personal Fitness 10th Business Computer Applications/ Desktop Publishing English H (II) - Communications in a Global Society 11th International Accounting Travel & Tourism I Executive Internship (summer) 12th GLOBE Economics/ Strategies for College Success (dual enrollment) Business Organization & Management Tourism students experiencing New York City nightlife in Times Square Pre - Medicine "Medical- related careers will be the fastest growing in the state of Florida, during the next ten years." Students in the Pre - Medicine Program follow an extensive four -year college preparatory program which emphasizes science and mathematics and will prepare them to be highly competitive in the medical field at the university level of study. Students in our Medical Skills and Services classes were trained by the American Lung Association in the Students Teach Students Program. Pre -Med students Students Teach Students Magnet Courses 9th Pre- Medicine Biology (H) Medical Skills & Services (I) Pre- Medicine Critical Thinking (H)/Health 10th - Pre- Medicine Chemistry (H) Pre- Medicine Anatomy & Physiology (I) 11th Introduction to Pathophysiology qD Clinical Preceptorship (II) Pre- Medicine Physics (I) 12th AP Biology Admission- Criteria 3.0 grade point average Algebra I 3 positive teacher recommendations (must include mathematics & science) CTBS - Quartile 4 . . Excellent attendance Exemplary conduct Available space and racial balance iiva -vu uauiiiir, utt utc igarette smoking. After the training, the students visited the public and nentary schools throughout the county to teach the younger students dangers of smoking. You may have seen some of them on television or tewspaper. I ophomores have had the opportunity to see cataract surgery at the Jupiter Eye Center along with listening to speakers in various medical fields. Juniors in the Pre -Med program practice their medical skills during the Clinical Preceptorship. This internship provides students with exposure to health occupations through lab and hands -on contact with patients. This year during the 2nd, 3rd, and 4th nine weeks periods students will be interning at the County Home and Palm Beach Gardens Medical Center. Students in Pre - Medicine are actively involved in Health Occupations Students of America (HOSA). Seventeen students attended the HOSA National Leadership Conference in Anaheim, California, during the summer. These students qualified for the Conference by placing in the top three at the HOSA State Conference in various competition areas such as Medical Math, Medical Spelling, Medical Terminology, Biomedical Debate, Creative Problem Solving .and. Gerontology. Congratulations to Michelle Wan, President, Region IX HOSA! Preceptorship students Television &Film Product19n..Techno lo "Hands -on training in a dynamic industry" The Television and Film Production Technology Program teaches students to be professionals by using real life experiences. Students are prepared to function as members of a technical team by participating in activities that simulate the conditions found in television and production studios as well as on- location "news gathering" events. Some of these activities include: "Our Future Generation a weekly talk show produced by teens for teens. It airs weekly on Channel :5 (NBC)..on Saturdays at. 11:30 a.m. The show has been submitted for Emmy consideration in six categories, including best show. mGNN - The Gator News Network = a daily 15 minute telecast that informs students and faculty on daily activities, sporting events and school policies. Special Projects - Students are presently producing videos including public service announcements, documentaries and comedy shorts for submission into state competitions including F.A.M.E. and the Universal Studios High School Competition. Field Trips - Freshmen and sophomores take part in Universal Stud'io's "Spotlight on Education ", an educational program showing students behind the scenes of Universal attractions. Juniors and seniors will be traveling to New York to go "backstage" on various television shows and production facilities. Admission Criteria 24 grade point average 3 positive teacher recommendations (must include English)' CTBS- Quartile 3 or 4 . Excellent attendance Exemplary conduct Available space and racial balance With more and more programs and episodes being produced right here in Palm Beach County, there are many exciting opportunities opening up in South Florida. Students taking a break on the set of Our Future Generation Hands -on training Magnet Courses 9th Television Production I 10th Television Production II 11th News Broadcasting 12th Technical Television Internship Community Servic¢ Magnet student volunteering at Timber Trace Elementary by teaching a Junior Achievement Program For more information on applying to one of our magnet programs, contact your middle school guidance counselor or call the magnet office. VOL. 4, NO. 3 INSIDE THE MAGNET Palm Beach Gardens Community High School BUSINESS ADVISORY BOARD Chairman Karen Marcus Palm Beach County Commission Vice- Chairman Roy Davidson Ballenlsles Development Co. Treasurer Jim Giola American Express Financial Advisors Board Members Roger Amidon Palm Beach Gardens Marriott Richard Blrnberg, M.D. Palm Beach County Health Department. Jim Brosemer WPTV Channel 5 Rose Anne Freeman Brown City of Riviera Beach Donn Colee WPEC TV -12 Ed Elssey Palm Beach Community College Chuck Elderd Film & Television Commission Pam Gerig Palm Beach County Sports Commission Phil Jackson Palm Beach Community College Robert Knelp The Wackenhut Corporation Bob Levinson Lynn University Clint Matthews Palm Beach Gardens Medical Center W.E. "Mac" McLaughlin Palm Beach County Convention & Visitors Bureau Reg Miller Palm Beach Media Professionals Michelle Murray Business Development Board of PBC Rob Rabenecker Cardinals /Expos Joint Venture Nancy Salomonsky Palm Beach County Sports Commission Rose Sherman Veterans Administration Medical Center Dave Talley Northern Palm Beaches Chamber of Commerce Colin Wright PGA Resorts Co. FIVE STAR MAGNET PROGRAM Paul D. Houlihan, Principal JUNE 1998 Class of 198 Graduates in Style Forty-seven Five Star Magnet Program students were among the proud graduates in the Class of 1998. In addition to attend- ing all of the senior week activities, these magnet students were also honored at a special graduation receptionatBallenIsles Country Club. Special thanks to Advisory Board Vice -Chair Roy Davidson for arrang- ing the event. The evening began with musicbyourownPBGHS Jazz Band (thanks to band director Cleve Maloon) as stu- dents, their families, and staff enjoyed reminiscing about the last four years. Seniors Sarah Deyling andJoe Murgio welcomed everyone with a trip down a magnetmemorylane. AdvisoryBoardTrea- surer Jim Gioia then spoke to the gradu- ates about what their futures might hold and brought congratulations from the Board. Special thanks to the Board for underwriting the seniors at the reception. Principal Paul Houlihan reflected on some of the magnet experiences he had shared such as the Pre -Med Preceptorship atPalm Beach Gardens Medical Center, the FBLA State Competition, and the GLOBE trip to Toronto. Arty Falk then brought each student to the podium to receive a medallion and certificate and to share some of each student's goals and experiences. We are proud to say that all of the students will be going on to post- secondary school. Many of the students said they appreciated the support of their parents and our magnet teachers throughout high school as well as the "family" atmosphere of the magnet program. The evening concluded with su- perlative awards to the graduates. The Class of 1998 will be remembered asa highachievingand goal oriented class. Good luck and keep in touch! -40, Magnetic Attractions While seniors were preparing to graduate, our other magnet students were also staying very busy. Television and Film Production students received a third place prize of $500 in the Palm Beach County Film Festival's Student Video Competition. Some TV students also produced a video forthe American Cancer Society on the dangers of smoking that was targeted for a middle school audience. Pre - Medicine students went on field trips to the Kravis Center to see Health Class and to the Veterans Administra- tion Hospital to tour their facilities. (Thanks to Advisory Board member Rose Sherman for arranging the trip.) Other students volunteered at the Palm Beach County Sports Commission's Youth Sports Festival and at our own PBGHS blood drive. Tourism, Hospitality and Resort Management students participated in the National Tourism Shadowing Day spon- sored by the National Academy Foundation. Eighteen stu- dents shadowed professionals at tourism sites including the Palm Beach County Convention and Visitors Bureau, PGA National, and the Palm Beach Gardens Marriott. Thanks to Donna Nottoli of the CVB for setting up these great experiences. Sports Management and Recreation students Jason Howes and Mitch Lewandowski were co- chairs of the volunteer committee for the Sports Commission's Youth Festival (thanks to Advisory Board member Nancy Salomonsky forher support). Global Busi- ness & Entrepreneurship students set up their corporation "North- ern Lights" through the GLOBE class. Ten representatives then visited their sister school and trading partner in Toronto with Mrs. Kiley and Mr. Houlihan. In other Business Magnet news, our sophomores and juniors completed their ROPES team training. The seniors taught Junior Achievement classes at North Palm Beach Elementary and also read to some of their classes. Thanks to Debbie Svec and Jan Powers at NPB Elementary and to Susan McGuire at Junior Achievement for coordinating this experience. Our sophomores enjoyed a field trip to Papa John's Pizza, and many of the juniors participated in our college trip to the University of Florida, University of Central Florida, and Universal Studios. Last but not least, four buses of magnet students went to Busch Gardens for a thrilling, wet, and fun - filled day in May. Chemistry Dews Congratulations to the members of Palm Beach Gar - dens Chem -a -thon team! Pre- Medicincstudents Jade Fang, Colette Burger, and Jonathan Virkler joined fellow Gardens student Jeff Afanch to participate in the Chem -a -thon Competition. Chem -a -thon was com- posed ofcompetitionsbetween more than 200 first and second -year chemistry students. The competition included a college level chemistry test, laboratory prac- tical examination, lab equipment identification test, and a special bowl round. Jonathan Virkler placed 4th in the individual testing, and the whole team made a great perfor- mance. Congratulations to all! Special thanks to the Treasure Coast Macintosh Users Group who donated a PC Viewer, LCD panel, for Mr. Schuett's Pre -Med Chemistry classes. This is avaluable tool, used with PowerPoint software, for presenting chemistry notes to the students. All of the Chemistry notes can now be stored on disks and can be updated and refined as needed. With the money saved through this generous donation, Mr. Schuett was able to purchase speakers and software for the computer to further enhance the lessons. Thanks again! PRE -MED STUDENTS EXCEL AT STATE II IIIII� HOSA COMPETITION Congratulations to the Palm Beach Gardens High School Health Occupations Students ofAmerica (HOSA) Pre - Medicine Magnet students! Once again our students made an outstanding showing at the HOSA Competition. Forty-five students from Palm Beach Gardens High School competed against students from all over the state of Florida at the 1998 Florida State HOSA Conference held in Ft. Myers from April 3 -7. Special congratulations to Michelle Wan who was elected President -Elect for Florida HOSA! Our PBGHS HOSA sponsor is Mrs. Karen Kissel. First, second, and third place individuals /teams in each category will advance to the HOSA National Conference to be held in Orlando in June. From the forty-five students representing PBGHS at the state conference, fifteen Pre - Medicine Magnet students have qualified to compete at Nationals!! Palm Beach Gardens High School's Pre - Medicine M' agnet student winners are: HOSA BOWL 3rd Place: Tina Bechard,Pui Lee, Vidy a Rajpara, Erin Sellers NUTRITION 1st Place: Jade Fang (only qualifier in state) NATIONAL HEALTH CARE ISSUES 1st Place: DerrickFurtado (only qualifier in state) CAREER HEALTH DISPLAY 4th Place: Laurea Matlosi, Karen Saxby DENTAL SPELLING 2nd Place: AmandaCox BIOMEDICALDEBATE 2nd Place: Tim Cheung, David Chu, Chad Shields 3rd Place: Erin McCoy, Carole McCoy, Marina Oporta, Michelle Wan PATHOPHYSIOLOGY 1st Place: Erin Sellers MEDICAL MATH 1st Place: Pui Lee 4th Place: Mandy Lee MEDICALTERMINOLOGY 2nd Placc: Tina Bechard 4th Place: Ellen Chavkin Executive Internship 1998 Forty-one Business Magnet students are participating in our 1998 Executive Internship Program. These students have been placed in local businesses for the summer to learn and earn. In addition to earning some valuable experience and spending money, students also receive high school credit. This experience gives students an opportunity to connect with the business world using the skills they have learned during the school year. The businesses participating in our program as of June 25, 1998, include Alley, Maass, Rogers & Lindsay, P.A.; Avakian's; BallenIsles; BellSouth Mobility; St. Louis Cardinals/Montreal Expos; Wealth Planning Consultants, Inc.; Florida Internet; Florida Pennysaver; Florida Power & Light; 3i; Jupiter Hospital; Marketing Advertising Promotions, Inc.; Norton Museum; OB GYN Specialists of the Palm Beaches; PGA National Resort and Spa; Palm Beach Gardens Marriott; Palm Beach Gardens Parks & Recreation; United Technologies/Pratt & Whitney; Randolph Hopkins Insurance; The Upledger Institute, Inc.;Veterans Administration Medical Center; and The Wackenhut Corpora- tion. We salute these business partners and thank them for their involvement. Business Magnet teachers Scott Blake and Juliana Howell are coordinating the summer program. Palm Beach Gardens High School Five Star Magnet Program 4245 Holly Drive Palm Beach Gardens, FL 33410 (561) 694 -7388 Global Business& Entrepreneurship Pre Medicine Sports Management & Recreation Television & Film Production Technology Tourism, Hospitality & Resort Management C Welcome Freshmen! Look for your PBGHS August news- letter for an announcement of our Freshman/New Student Orientation date. Don't forget that all 9th graders and students new to the School District will need•a school physical,TB test and immunization records. Bus information will be mailed to students living outside of PBGHS boundaries in August. NON - PROFIT ORGANIZATION U.S. POSTAGE PAID WEST PALM BEACH, FLORIDA PERMIT NO. 334 FIVE STAR MAGNET PROGRAM, INC. BUSINESS ADVISORY BOARD September 14, 1998 AGENDA I. Welcome Back! II. Minutes III. Board Membership A. Nomination of New Members B. Election of Members C. Election of Officers D. Dues IV. Treasurer's Report - 501(c)(3) V. 2nd Annual Golf Tournament - October 3 A. Players B. Prizes C. Sponsors D. Golf Chair Meeting (September 23 or 24) 8 a.m. VI. Magnetic Update A. Enrollment B. Strategic Plan C. Summer Happenings ' VII. Meeting Format VIII. Members' Comments IX. Next Meeting: FIVE STAR MAGNET PROGRAM, 1 N C. Proposed Expenditures for the Months of September, October, and November, 1998 General Yearbook ad congratulating our graduating seniors $175 Magnet Recruiting Brochure $1,000 Magnet Newsletter $300 Business NAF Coordinators Conference November 11 -15, 1998 - San Antonio, Texas $700 Internship Reception $250 NAF Regional Teacher Conference $500 TV & Film Production Senior Field Trip October 14 -18, 1998 - New York City Cost for two chaperones and students $1,500 Golf Tournament Requests As needed Total Request $41425 The following people are being considred for membership on the Five Star Magnet Program's Business Advisory Board (Note: maximum membership is 30 members). Jeff Atwater, CEO Lisa DiNapoli, Vice President Joe Russo, Mayor Steven Schwak, Commissioner Ellen St. John, President Cindy Williams, Network Manager Nationsbank Magnetherapy, City of Palm Beach Gardens Port of Palm Beach Junior Achievement Bell South *Other possible areas without a specific contact confirmed yet: Paxson Communications (Colin checking) FAU North Campus (Robert Huckshorn, Vice President checking) Transportation /Midnight Sun (Colin checking) Palm Beach County Medical Society (Richard checking) PRE - MEDICINE CORE COMPETENCIES �Ir Utilization and application of appropriate technology * Oral and written communication skills yk Understanding scientific principles * Mathematical applications * Use and application of information to solve problems * Current trends and issues in allied medical fields �k Management and organizational functions in the health care industry Ethics, integrity and personal responsibility * Career planning and goal setting Executive Internship Program 1998 -99 Timeline for Placement of Students October 1998 November 1998 February 1999 March 1999 April 1999 May 1999 June 9, 1999 1998 Employer /Employee Reception Call for Internships Orientation with Employers Orientation with Students Interview Students Placement of Students Internships Begin Random Comments From Employers 1998 Executive Internship Program Five Star Magnet Program Positive Comments Takes instruction well, continuously working. Keeps me aware of any problems. He is a pleasure to work with at all times.. She is a true asset to our office. She's on time; works at whatever job is asked of her. She has performed all tasks with ease. We feel fortunate to have her working with us. Extremely fast learner, very accurate and dependable. He is an excellent representative from your program. He is not lacking in any professional qualities. Great attitude when asked to complete a task. He is very attentive and adaptable to situations as they arise. He is a very important and professional part of my department. He not only met, but exceeded my expectations. The program meets our needs; keep up the good work. We have been very pleased with her work. She is very organized and eager to accomplish her assignments. She has outstanding computer skills. Intelligent, well mannered, positive attitude, self - starter, willingness to do any work assigned and ask for more. Our organization was fortunate to have an exceptional intern who has had an excellent foundation through family environment and school that has fostered desirable qualities in addition to the student's own natural capabilities. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 19, 1998 Subject/Agenda Item: Public Hearing: Notice of Proposed Change (NOPC) to the PGA National Resort Community Development of Regional Impact Recommendation /Motion: Staff recommends that the City Council determine that the proposed change does not constitute a substantial deviation to the nRl Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney N/A Planning Div. Total [ ] Approved $--i— [ ] Approved w/ conditions Other N/A Current FY [ ]Denied, Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating November 4, 1998 staff report Paper: [ ] Other N/A Palm Beach Post [ ] Not Required Submitted by: Growth Mgt. Director Affected parties [ x ] Notified: Budget Acct. #: [ ] None Approved by: PGA National POA City Manager [ ] Not required Background: Chapter 380, F.S. requires that the City hold a public hearing within 90 days to consider whether a proposed amendment to a DRI constitutes a substantial deviation. With the FDOT's concerns resolved by a new condition of approval within the modified development order, staff finds that this petition is not a substantial deviation to the original approval. DCA and TCRPC concur with staffs finding. l.Y i d a .: ..... p� Y � 'N � W kin '4e_.:.µ 1 ! y� Y 1 ! N Planning and Zoning Commission August 11, 1998 Petition DRI -98 -01 Page 2 II. BACKGROUND The 2,342 acre PGA National Resort Community was originally approved as a Development of Regional Impact (DRI) by Resolution 43, 1978. The DRI has been amended numerous times over the years. PGA National has nearly reached buildout of its approved residential units and non - residential square footage. The developer is bringing the project to closure as a Development of Regional Impact requiring state and regional review, the result being a development project which falls under the regulations and procedures of local land development requirements. This closure is accomplished through an "Essentially Built Out DRI Agreement ", which is provided for in Chapter 380, F.S. With this agreement, the petitioner is modifying the DRI master plan to `clean up' the designated/approved uses so that they are consistent with existing approvals and structures /uses.' For example, the Commerce Park is designated as Industrial on the master plan. With the proposed revisions the actual uses approved by the City (nursing home, office, warehouse, etc.) are being depicted on the master plan. Today's master plan has generic land use categories: The proposed master plan will show actual uses based on the structures which have been constructed or the uncommitted square footage /use which the developer desires to gain site plan approvals for in the near future. The information (i.e., city approvals) upon which this proposed master plan is based is as follows: ' The residential component of the project remains unchanged. The master plan will continue to show 5,237 approved residential units for the project. Planning and Zoning Commission Petition DRI -98 -01 Page 3 August 11, 1998 OFFICE 3,060 Fairway Professional Center 50,206 Fairway Professional Plaza i 176,600 Bascom Palmer 68,175 Florida Music Co. (Wrisco) 11,200 LRP Publishing i 123,221 Stain Safe 14,000 PGA Headquarters 39,516 Sales Center 4,875 NPBCID F 12,250 PGA Commerce Self Storage i 14,820 American Comp. Imaging i 3,488 Subtotal i 518,351 PROPOSED/UNCOMMITTED i Sales Center . 45,125 PGA of America Expansion i 30,484 Subtotal 75,609 Grand Total 593,960 square feet RETAIL /COMMERCIAL Shoppes on the Green 130,221 Great Western 3,512 Community Savings 3,060 Mobil Gas Station i 1,000 Future Building Area 4 i 6,990 Subtotal _ 147,589 PROPOSED/UNCOMMITTED uncommitt ed 2,411 Subtotal 2,411 Grand Total 150,000 square feet INDUSTRIAL American Computing Imaging 4,976 Subtotal 4,976 PROPOSED/UNCOMMITTED 224,820 Planning and Zoning Commission Petition DRI -98 -01 Page 4 Grand Total WAREHOUSE 229,796 square feet PGA Self Storage 119,635 Florida Music Company 4,800 LRP Publishing 45,100 StainSafe 12,000 Subtotal 181,535 PROPOSEDIUNCOMMITTED 0 Grand Total 181,535 square feet NURSING HOME (beds) 104 Subtotal 104 PROPOSEDIUNCOMMITTED 56 Grand Total 160 beds SCHOOL PGA Montessori 9,996 Subtotal 9,996 PROPOSED 0 Grand Total 9,996 square feet August 11, 1998 Planning and Zoning Commission Petition DRI -98 -01 Page 5 August 11, 1998 The actual master plan depiction will contain summaries of these uses and will be depicted as below: �y x EGA NAB ONAL RES xT C ©MMiI1YI` Y E' ALIMCATI )V OF NON SIREN 1JSES Golf Courses 464 Acres Racquet Club 37 Courts Health Club 14,200 square feet Resort Hotel 350 rooms Spa 15,000 square feet Office 581,710 square feet Commercial 150,000 square feet Industrial, Light 229,796 square feet Warehouse 181,535 square feet School 9,996 square feet Nursing Home 160 beds Park 36 acres Fire Station 1 station NPBCID 12,250 square feet As well as modify the master plan, the petitioner is proposing a few changes to the original conditions of approval. Condition #3 which required the dedication of a fire station at a `civic' site, is being modified to subject the parcel to the PGA National Covenants and Restrictions is the site is ever disposed of for non - public (Commerical) uses. (The amended master plan changes the land use dedication of the fire station site from `civic' to `commercial' since the City has plans to close out the station after Station #3 and the new station within the Golf Digest project are completed.) Condition #7 which required off -site intersection and roadway improvements is being modified to reflect that four project exits were permanently closed by master plan changes; and to reflect that the reduced intensity of the project (5237 dwelling units versus 6900 d.u.) will not warrant signalization at Hiatt Drive/Northlake Boulevard, and that the project itself will not generate a need for a dual left turn and signal at PGA Blvd/Avenue of the Champions, but it will provide its pro rata share of these improvement costs to the county. Planning and Zoning Commission Petition DRI -98 -01 Page 6 Issues: August 11, 1998 The DRI amendment will be based on today's uses. Different businesses may move into these building spaces in the future and we will be needing to evaluate whether the use is consistent with the amended DRI uses. For example, the Montessori school goes out of business and a small office desires to move into the building. Staff will be evaluating the office use based on school trip generation (10.91 trips /1,000 s.f.) versus office generation rates (Ln(T)= 0.756Ln(x) +3.7865). In this case a school will most likely generate more trips than a typical office, so there would not be a concern about increased impact. Issues may arise, however, if one of the warehouse uses converts to office use in the future which does have a higher trip generation rate. The square footages allocated in the chart are based upon trip generation. In the future, conversions from one use to another will be based upon trip equivalency. There will not be issues so long as the overall trips allocated to the project are not exceeded. Recommendation: The Planning & Zoning Commission, at it August 11' meeting, expressed concern about the uncommitted use allocations and that a proposed use, if consistent with the amount of uncommitted use left in the project, would have to be approved regardless of design considerations. The Commission questioned the use that was designated/accounted for the M -37 parcel which is now owned by the POA. The City Attorney's Office is still reviewing the proposed `032 Agreement'. The Planning & Zoning Commission and Growth Management staff recommend approval of the proposed master plan changes, finding that the changes will provide a mote understandable master plan and development order for the PGA National Community. Staff finds that the proposed changes do not constitute a substantial deviation to the DRI. One condition is recommended by staff at this stage in the review process: Prior to City Council consideration of approval, the petitioner shall revise the proposed master plan `Allocation of Non - Residential Land Uses' chart and the traffic study to be consistent with staff's approved project figures. Staff is seeking Council input as we continue to review the "Essentially Built Out DRI Agreement" and prepare the petition for formal consideration. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Menorandum Date Prepared: October 30, 1998 Date of Meeting: November 19, 1998 Subject/Agenda Item Consideration of approval for petition MISC- 98 -12, a request by Nader Salour, agent for Ballenlsles Community Association, Inc., for an amendment to a previously approved site plan of 34 custom single family home lots on Parcel 7 within Ballenlsles Planned Community District (PCD). The proposed changes to the site plan will affect the entry way, signage, and landscaping of the project. Ballenlsles Parcel 7 is located at the northeast corner of the Ballenlsles Drive and Fairwinds Avenue intersection. (11- 42E -42S) Recommendation /Motion: Staff recommends that Resolution 12 , 1998 be approved with 2 conditions. Reviewed by, Q `O Originating Dept.: Costs: $ Council Action: ('�, . �� Total City Attorney" Growth Management [ ] � �P Finance NA $ [ ] Approved wlconditions ACM Current FY [ ] Denied Human Res. NA Other, NA Funding ource: 9 [ ]Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other _ - Resolution '1998 - Resolution 81A, 1998 - Resolution 16, 1997 -Memo from City Forester dated 10/27/98 -Memo from City Engineer dated10 /20/98 -Table 1: Existing Zoning & Land Use Designations — Details Sheet (L -2) Submitted y: [ ] Not Required GraWth Management Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: The Ballenlsles Planned Community District was originally approved by Ordinance 8, 1989. The subject parcel was approved as a Planned Unit Development (PUD) with the passage of Resolution 16, 1997. The subject parcel is designated as low density and has been approved for 34 custom single family homes, which is consistent with the land use designation of the parcel. The subject property is 11.76 -acres and is located within Ballenlsles Planned Community District at the northeast corner of the Ballenlsles Drive and Fairwinds Avenue intersection. The current land use designation for the subject site is Residential Low (RL), and the subject property is zoned as a Planned Community District (PCD). The site is surrounded by Golf (G) and the proposed density for this project is 2.89 DU /AC, which is consistent with the Low Density designation on the Master Plan. The project will be developed in a single phase. The applicant is now submitting the details for the project entrance signage as well as the entry features for the City Council's review and approval. ACCESS: Access to the site will be from Fairwind Avenue, and the surface will be paved with speciality pavers. AMENDMENTS: The proposed amendments to the previously approved plan concern the entry feature and signage of the project. The design proposed consists of entrance wall signs with fountains centered on each, abutting a decorative trellis planter. The entrance sign shall read, "St. Martin" in New Times Roman (bold) print, and use 12" x 12" Sautemia Marble Tile with 4" x 4" Noche Marble Tile inserts. The sign will also have a painted stucco band (paint color by Bruning Paint Company - #OW32 -2P). The sign will be 8 feet 2 inches in height, with the attached wall measuring 12 feet in height. The length of the sign measures 19 feet 1 inch, and 39 feet 3 inches when the attached wall and columns are included. The proposed entrance feature will be located in the median of the entrance to the parcel, and will be decorated with classic Italian marble on either side of the sign walls, and within the bands of the decorative columns. RECOMMENDATION: The Growth Management Department recommends APPROVAL of petition MISC- 98 -12, a request for amending a previously approved site plan to allow the construction of a decorative entry feature and signage, subject to the following conditions: Prior to the release of the landscape escrow monies for Parcel 7, the Landscape Architect of Record shall supply the City with three copies of the as -built landscape plan for the common areas within Parcel 7. 2. Prior to construction plan approval, all structural walls, columns, arches, and fountain designs shall be certified by a registered structural engineer. 2 TABLE 1 EXISTING ZONING AND LAND USE DESIGNATIONS ow PETITION MISC -98 -12 -w�a : >::: <::: >::: <:> ::::::::::::::::::::::::::::::::..:................................. .:............................. . Subject Property : Planned Community District RL BallenIsles PCD, Parcel 7 (PCD) Residential Low North : Planned Community District G BallenIsles PCD, Golf Course (PCD) Golf South : Planned Community District RL BallenIsles PCD, Parcel 19a (PCD) Residential Low East : Planned Community District G BallenIsles PCD, Golf Course (PCD) Golf West: Planned Community District G BallenIsles PCD, 1.5 acre (PCD) Golf lake & BallenIsles Drive RESOLUTION 127 , 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AM- ENDING THE SITE PLAN FOR PARCEL 7, ST. MARTIN, LOCATED WITHIN THE BALLENISLES PCD, AS ORIGINALLY APPROVED BY RESOLUTION 16, 1997, FOR ENTRY FEATURE AND SIGNAGE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Resolution 16, 1997, approving a site plan for Parcel 7, located within the BallenIsles Planned Community District; and WHEREAS, the original approval for 34 custom detached homes did not include approval of an entry feature and signage; and WHEREAS, an application has been submitted seeking to amend the approved site plan to include an entry feature and signage; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the amendment to the site plan is consistent with the approved landscape plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to Resolution 16, 1997, approving a site plan for Parcel 7, known as St. Martin, located within the BallenIsles PCD, for the construction of an entry feature and signage. Section 2. Said construction shall be consistent with plans on file with the City's Growth Management Department as follows: 1. October 27, 1998 Layout/Materials Plan, Krent Weiland Design, Inc., Sheet L -1. 2. June 2, 1998 Detail Sheet, Krent Weiland Design, Inc., Sheet L -2. Section 3. Said proposed site plan shall comply with the follow=ing conditions: Prior to the release of the landscape escrow monies for Parcel 7, the Landscape Architect of Record shall supply the City with three copies of the as -built landscape plan for the common areas within Parcel 7. 2. Prior to construction plan approval, all structural walls, columns, arches, and fountain designs shall be certified by a registered structural engineer. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF NOVEMBER 1998 ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO WSHORT: MISC9812.RES /il MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT RESOLUTION 811998 July 24, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE REPLAT OF BALLENISLES POD 7; PROVIDING FOR AUTHORIZATION TO EXECUTE THE MYLAR OF SUCH PLAT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Replat of Ballenlsles Pod 7; WHEREAS, the City Engineer has determined that the proposed Replat meets all of the technical requirements of the City's Land Development Regulations and Chapter 177, F.S., and recommends the approval of the plat; and WHEREAS, the Plat is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Replat of Ballenisles Pod 7, consisting of two (2) sheets dated May, 1998, prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A" is hereby approved. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of such Plat. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS G' :z:YOR T, 19 8 A ATTEST LINDA V. KOSIER, CMC APPROVED AS TO LEGAL FORM AND SUFFICIENCY C ATTORNEY I RESOLUTION 81, 1998 PAGE 2 OF 2 VOTE: AYE NAY ABSENT COLNCELMAN. RUSSO COLNCILWOMAN FURTADO COUriCELMAN JABLrN -� COUNCILMAN CLARK r COUNCILMAN SABATELLO '� C ". RESOLUTION 16, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN FOR PARCEL 7 OF THE BALLENISLES PLANNED COMMUNITY DISTRICT AUTHORIZING THE CONSTRUCTION OF 34 SINGLE - FAMILY DETACHED CUSTOM BUILT UNITS IN ACCORDANCE WITH THE PLANS FILED WITH THE CITY; PROVIDING FOR CONDITIONS OF APPROVAL; ANDPROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received a petition for a site plan approval for Parcel 7 of the BallenIsles Planned Community District; and and WHEREAS, the petition meets or exceeds the City's standards established for site plans; WHEREAS, the petition is consistent with the City's Comprehensive Plan; and WHEREAS, the City's Site Plan and Appearance Review committee has recommended approval of this 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 hereby grants approval of a site plan for Parcel 7 of the BallenIsles Planned Community District for the construction of 34 single- family detached custom built units on 11.76 acres. $ECTION 2. Said construction shall be in conformance with the following plans on file with the City's Planning and Zoning Department: 1. December 5, 1996, Site Plan by Urban Design Studio 2. November 28, 1996, Landscape Plan and Details by Krent Wieland Design, Inc. Sheets P1 -2 SECTION 3. The site plan is approved based on compliance with the following conditions: 1. The temporary sales office /administrative (former model home) adjacent to the site shall be removed within 120 days of the Certificate of Occupancy for the BallenIsles Club House. 2. The final surface water management system that is necessary to serve Parcel 7 shall be construted with Parcel 7 in accordance with the Conceptual SFWIVID Permit. This entire system shall be completed inclulding a legal positive outfall prior to the issuance of the first Certificate of Occupancy. 3. The roadway providing legal access to Parcel 7 shall be constructed and open to the public prior to the issuance of a Certificate of Occupancy for the first residential unit and also prior to allowing access to model homes. 4. Prior to the issuance of the first building permit and plat recordation, all applicable regulatory permits shall be obtained. 5. The maximum height for all structures in Parcel 7 shall be 36 feet. 6. A waiver shall be granted to allow the use of paver block on privately owned and maintained streets. SECTION 4. This Resolution shall be effective upon adoption. /�, INTRODUCED, PASSED AND ADOPTED THIS /DAY OF , 1997. mnvoR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY. C/ �� CITY ATTORNEY VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN MONROE c� COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK Memo to File From: Mark Hendrickson, City Forester Subject: MISC- 98 -12, BallenIsles Parcel 7 Entrance Feature Date: October 27, 1998 I continue to encourage developers to upgrade landscaping where possible, but the City needs documentation of major landscape changes, in order to address future maintenance questions by the HOA when the developer is gone. Rather than require the applicant 'to produce another conceptual landscape at this time, I recommend that the Landscape Architect of Record supply the City with an as -built landscape plan after the project is finished. I recommend approval of this petition with the following condition: Prior to the release of the landscape escrow monies for Parcel 7, the Landscape Architect of Record shall supply the City with three copies of the as-built landscape plan for the common areas within Parcel 7. LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS 8 MAPPERS MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: October 20, 1998 SUBJECT: Ballenisles Pod 7 (LBFH File No. 98 -2109) We have reviewed the Layout/Material Plan and Detail sheets prepared by Krent Weiland Design, Inc. All structural walls, columns, arches and fountains designs will need to be certified by a registered structural engineer prior to construction plan approval. TJ P:\PBGMEMO\2109i.doc c: Bobbie Herakovich Roxanne Manning rn c? !94 CD c� m° z Q; z O CV 4�0 J N U v 0 POST OFFICE BOX 727 • JUPITER, FLORIDA 33468 -0727 210 JUPITER LAKES BOULEVARD • BUILDING 5000, SUITE 104 • (561) 746 -9248 • FAX: (561) 746 -0272 http: / /www.lbfh.com • e -mail: info @lbfh.com WFST PAI.M BEACH IUPITFR STUART FORT PIERCE OKEECHOBEE cT% 3t FOS MI. Z L 17 Cr N 2: R r. CD CD z Z Cal C C:Dl* 133 '-.' (A 0 :L .41 0 O ra L_ �• Parcel 7 1 M I . I R 1991 Ballenlsles Country Club ;:11 Sri Palm Beach Gardens, Florida R Xz N 2: R r. CD z 0 O ra L_ �• Parcel 7 1 M I . I R 1991 Ballenlsles Country Club ;:11 Sri Palm Beach Gardens, Florida R Xz R r. 0 O ra L_ �• Parcel 7 1 M I . I R 1991 Ballenlsles Country Club ;:11 Sri Palm Beach Gardens, Florida R Xz CITY OF PALM BEACH GARDENS City Council Agenda Cover Memorandum Meeting Date: November 19, 1998 Subject/Agenda Item: Consideration of First Reading: Ordinance 23, 1998 The Commons Parcel 1 Small - Scale Land Use Change - Petitions LU -98 -03 Recommendation /Motion: Staff recommends approval of the petition, but points out that a legislative policy decision is needed by the Citv Council. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Planning Division [ ] Approved ACM $ 0 [ ] Approved w /conditions Current FY Other N/A [ ]Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other N/A Ordinance 23, 1998 [ x ] Not Required Staff Report Submitted by: rowth gt. Di ector Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required November 3, 1998 ORDINANCE 23,1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON 5.2 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER'OF PGA BOULEVARD AND AVENUE OF THE PGA FROM RESIDENTIAL HIGH (RH) TO MIXED USE (MXD); PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Channing Corporation to amend the land use designation on 5.2 acres of land located at the southeast corner of PGA Boulevard and Avenue of the PGA, as more particularly described in Exhibit `A' attached hereto, from Residential High (RH) land use to Mixed Use (MXD) land use; and WHEREAS, the Growth Management Department (the "Department ") has reviewed said application and determined that it is sufficient; and WHEREAS, the land use amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, the land use amendment is consistent with Chapter 163.3187(1)(c), F.S. pertaining to small scale amendments; and WHEREAS, the City Council is the duly constituted land planning agency for the City which has recommended the land use amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council acknowledges that this land use amendment is subject to the provisions of Chapter 163.3187(3)(c), F.S., and that the City shall maintain compliance with all provisions thereof; NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1, The Future Land Use and Transportation Map Series of the Comprehensive Plan of the City is hereby amended to change the land use designation on 5.2 acres of land located at the southeast corner of PGA Boulevard and Avenue of the PGA, more specifically described in Exhibit "A ", from Residential High (RH) land use to Mixed Use (MXD) land use. SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded 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, Consistent with Chapter 163.3187(3)(c), F.S., this Ordinance shall become effective 31 days after adoption. PLACED ON FIRST READING THIS DAY OF 51998. PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS Ordinance 23, 1998 Page 2 DAY OF , 1998 1998. .MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO GALong Range \LU9703.ORD.wpd Ordinance 23, 1998 Page 3 ERIC JABLIN, COUNCILMEMBER DAVID CLARK, COUNCILMEMBER CARL SABATELLO, COUNCILMEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Exhibit 'A' Ordinance 23, 1998 THE COMMONS Parcel 1 LEGAL DESCRIPTION December 01, 1997 A porcel of land situate in Section 11, Township 42 South, Range 42 East, within the municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: Bounded on the North by the South right-of -way line of P.G.A. Boulevard; bounded on the East by the West line of that certain parcel of land described in Officiai Records Book 2539, at page 93, public records of Palm Beach County, Florida; bounded on the West by the East right of way line of Avenue of the P.G.A. as shown on the Plot One of Hansen -JOHN D. AND CATHERINE T. MACARTHUR FOUNDATION, according to the plot thereof recorded in Plot Book 64 at pages 67 through 81; and bounded on the South by the following described line; commencing at the northwest corner of that said parcel of land described in Official Record Book 2539, Page 93; thence South 010 37'27" West along the West line of said parcel described in Official Record Book 2539, Page 93 a distance of 419.97 feet; thence North 88° 21'42" West a distance of 100.00 feet; thence South 620 51'08" West a distance of 110.00 feet; thence South 88° 27'07" West a distance of 141.77 feet; thence North 220 30'17" West a distance of 192.57 feet; thence North 880 22'33" West a distance of 115.00 feet to a point on the East line of said Avenue of the P.G.A. Containing in aII5.188 ocres more or less. D r PETITIONS LU- 97 -03, LU- 97 -04, LU -97 -05 THE COMMONS PARCELS 1, 29 & 3 I. REQUEST Hank Skokowski, agent for Channing Corporation, is requesting land use amendments for three separate parcels of land. The proposed amendments include a land use change from Residential Medium (RM) and Residential High (RH) to Mixed Use Development (MXD) . The three parcels are located along the south side of PGA Boulevard, between Avenue of the PGA and Military Trail. (11,12- 42S -42E) City Council Workshop Date: November 19,1998 Petitions LU- 97 -03, 04, 05 Page 2 II. BACKGROUND Hank Skokowski, agent, is requesting three land use amendments in association with The Commons mixed use development. The City Council had previously approved Resolution 19, 1998, which allows for the concurrent processing of the land use amendment and the PUD applications. The Commons Mixed Use development consists of three parcels. The petitioner is requesting a land use amendment on a portion of each parcel. The portion of Parcel 1 proposed for a land use amendment consists of 5.2 acres of land. The request is for a land use change from Residential High (RH) to Mixed Use (MXD). The portion of Parcel 2 proposed for a land use amendment consists of 4 acres of land. The request is for a land use change from Residential High (RH) to Mixed Use (MXD) and Residential Medium (RM) to Mixed Use. The portion of Parcel 3 proposed for a land use amendment consists of 9.6 acres of land. The request is for a land use change from Residential Medium (RM) to Mixed Use (MXD). III. ISSUES Existing Site Conditions All three parcels are completely vacant. Most of the vegetation has also been cleared from the site for many years. Proposed Use The petitioner is proposing the eventual construction of 107 dwelling units, 50 to be apartments located above the proposed office and retail space, the remaining 57 will be townhomes located on fee simple lots. Of the 107 dwelling units, 50 are proposed for within the subject areas proposed for land use amendments. A total of 136,518 square feet of office and retail is proposed, all of which will be located within the portions of each parcel proposed for a land use amendment. Table 1 has broken down the number of dwelling units and non - residential square footage by parcel. Maximum Allowable Use Table 1 indicates the maximum allowable use within the proposed MXD land use compared with the maximum allowed in the existing land use. This comparison is used to analyze the change in levels of service in the following section. City Council Workshop Petitions LU-97-03, 04, 05 Page 3 Date: November 19, 1998 THE COMMONS MIXED USE DEVELOPMENT TABLE 1 LOS Analysis -, Trnffic Circulation Ian- -so. designations for Parcels 1, 2 and 3 wculd 1',351 trips at bui"',"'out. Thr estimation is based on 193 residential d welling units in the :---'Al znO '1F-" els. T! --s, e amendments to MXD would ID -.-c --.2 pi 011 !2nd use b —:1mati- ge-.1--rate approximaAely T based on daily trips generated by 96 residential units an,.,'! 1 -5, s7i'-.70 fe c-f:'of-ice and retail. The land use amendment would then lead to an increase of 6,026 trips p-c.- day. City Council Workshop Petitions LU- 97 -03, 04, 05 Page 4 Sanitary Sewer Date: November 19,1998 Sanitary sewer service would be provided by Seacoast Utilities. Activities on the existing land use designations, at buildout, would consume 315.55 gallons per capita per day for sanitary sewer and potable water. Activities on the proposed land use would consume 251.19 gallons per capita per day for sanitary sewer and potable water. Including additional consumption proposed by the land use amendment, the total consumption of potable water for sanitary sewer purposes for the entire Seacoast system would be 8.02 mgpd per day. Currently, the existing sanitary sewer capacity (the ability to treat sewage) for the entire Seacoast system is 11.05 mgpd, leaving a balance of 3.03 mgpd available for treatment. Please note that capacity has not been reserved for this project. .Potable Water Potable water service would be provided by Seacoast Utilities. The petitioner is not proposing to recycle potable water. Therefore, figures for potable water and sanitary sewer are the same. Activities on the existing land use designations, at buildout, would consume 315.55 gallons per capita per day for sanitary sewer and potable water. Activities on the proposed land use would consume 251.19 gallons per capita per day. These estimates are based on an eight (8) hour consumption period for existing commercial land use designations, while proposed residential land use designations are based on a 24 hour consumption period. Including additional consumption proposed by the land use amendment, the total consumption of potable water for the entire Seacoast system would be 14.63 mgpd. Currently, the existing potable water capacity (the ability to provide potable water) for the entire Seacoast system is 19.7 mgpd, leaving a balance of 5.07 mgpd available for use. Please note that capacity has not been reserved for this project. Drainage The Commons Parcels 1, 2 and 3 are located within the Sub -basin 4D of the SFWMD permit for BallenIsles. Sub -basin 4D is located within the C -17 basin and discharges via the Thompson Canal. A control structure exists on the west side of Military Trail. Solid Waste The petitioner has indicated that the existing land uses at the subject site would generate an estimated 3,249 lbs per day. The petitioner estimates that the proposed land use would generate a maximum of 1,441 lbs of garbage per day. This estimation is based on a seasonal or secondary home calculation of seven lbs. of garbage per day as specified in the comprehensive plan. This estimation would mean a decrease of 1,808 lbs of garbage per day should the land use be amended. Waste Management of Palm Beach indicates that capacity is available to serve this project upon City Council Workshop Petitions LU- 97 -03, 04, 05 Page 5 completion at the level of services adopted by the City. Parks and Recreation Date: November 19,1998 The Comprehensive Plan estimates that the City currently has 146.27 acres of active recreation space. The City's 1997 population is estimated at 33,229. Using the Park and Recreation Departments criteria of 3.5 acres per 1,000 persons, the City must provide approximately 116.3 acres of recreation and open space. The proposed project would add an estimated 283 residents to the City, which would require 1.5 acres of additional recreation and open space, or 117.8 acres of recreation and open space. Including the additional population at the subject site, there is a balance of 28.47 acres of recreation and open space available within the City, this year. A deficit in park acres will be reached in 2001 if additional park land is not acquired and improved. Hurricane Evacuation The County estimates that 5% of the population in an evacuation area would seek public shelter in the event of a hurricane. There are three (3) primary shelters serving the City and surrounding north county area. They are Palm Beach Gardens High School, capacity of 2,500; William T. Dwyer High School, capacity of 350 and Watson B. Duncan Middle School, capacity 2,000. In addition, there are two (2) alternate, or "last resort" shelters located at Timber Trace Elementary School, capacity 200 and Palm Beach Community College, capacity of 600. The total capacity of shelters within the City is 5,650 persons. Although the subject property is located in a high risk area for hurricanes, there should be adequate shelter capacity for the additional population during the storm event. Post - disaster shelter need may exceed available capacities, however. The site is located west of the Intracoastal Waterway, so evacuation over a bridge is not an issue of concern. Staff Concerns Configuration of Land Use Staff feels that configuration of the requested MXD land use designation has been `gerrymandered' in order to meet the criteria for a small -scale land use change (less than ten acres in size). The MXD does not encompass the entire parcel(s), but only the PGA frontage. A thin sliver of residential land is left at the rear of each parcel. While the current PUD petitions utilize both the proposed MXD area and the residential area, should these petitions not move forward, the City would be left with inappropriate land use configurations. City Council Workshop Date: November 19, 1998 Petitions LU- 97 -03, 04, 05 Page 6 Change of Character The Comprehensive Plan establishes PGA Blvd as the City's main street. It is divided into an eastern, commercial district and a western (west of Military Trail) residential area. This division was established by City Forefathers' policy and is reflected in today's land use pattern. The requested MXD land use introduces non - residential land uses into an area which has been established by past policy as residential. Not only will a land use amendment change the character, but it will change the policy. Staff is concerned that the policy change will lead to future requests for non - residential land uses along the western PGA Blvd corridor. Strip commercialization is a concern, as well as the general change of character of the corridor. The "Vision" does identify the subject parcels as being appropriate for MXD land use in the future. The question staff is considering is whether now is the time for this conversion of land use to occur. Need for Land Use The land use change petition does not sufficiently justify the need for the requested land use. There is not adequate support for changing residential land use to mixed use considering the amount of vacant land in the City which already has MXD land use. Mix of Uses The petitions were submitted prior to the adoption of the EAR -based amendments, therefore the mixed use criteria that now exists in the Plan can only be used for comparative purposes. Parcel 1 does not contain residential land uses above the neighborhood commercial uses, which is a now requirement of MXD projects. The City Council, during comprehensive plan workshops, voiced the desire for MXD projects to contain a true mix of land uses. While Parcels 2 and 3 do have a mix of uses, Parcel 1 insufficiently meets the criteria (10 of the residential units ly within the MXD portion of the project and the balance falls within the RH portion). Today's MXD criteria would require a greater concentration of residential use within the mixed use project. City Council Workshop Petitions LU- 97 -03, 04, 05 Page 7 IV. Staff Recommendation Date: November 19,1998 Staff will present information at the workshop which describes how the State, through the growth management legislation, is encouraging local governments to use mixed use developments as a means to provide for land use efficiencies and cost - efficient service delivery, and as a method of discouraging urban sprawl (the 8/25/98 presentation to the Planning & Zoning Commission has been printed out and included as an attachment). The City's own comprehensive plan encourages mixed use developments through the provision of a Mixed Use land use category. Staff has concerns, as outlined above, about the three petitions. Staff would like for these concerns to be considered as a legislative policy determination is made by the City Council as to whether to change the land uses on the subject properties from residential to mixed use. Despite concerns, staff feels that mixed use developments serve as preferred land use patterns which have numerous benefits. In considering these specific locations for mixed use land uses, staff has made the following observations: • The applicant submitted a market study which supports the marketability of the mixed -use concept. • A reconnaissance study was undertaken by the applicant which concluded that the sites have excellent potential for high density garden rental apartments, but that a mix of uses has the greatest market support. • The applicant's economist perceives that the project will have a positive influence on neighboring property values. • The project will provide enhancements to the neighborhood by adding dining, services and specialty shops within walking distance. • The non - residential uses associated with the mixed use projects will attract pedestrians and bicyclists from the surrounding neighborhoods thereby reducing. the number and length of vehicle trips which otherwise are required to access PGA Boulevard or Military Trail for personal and business services and shopping. • The configuration of the subject parcels (shallow depth) suggests the need for creative solutions to transition from a six lane arterial to single family neighborhoods. • The subject properties have locational advantage over other land already designated with mixed use land use because services and facilities are already in place to serve these parcels. The City's current facilities are able to serve these parcels. • Improvements on the subject properties will constitute infill development. • Mixed -use development patterns are recognized as a means to create a `sense of place' which nurtures a community's spirit. The City's `vision' identifies the need for `gathering places' which will foster the `sense of community'. The project's plazas and linked pathway system appear to provide the mechanisms to help achieve this goal. • The `vision' land use effort identified these parcels as mixed use. Therefore, recognizing that any land use change will require a policy modification to recognize PGA City Council Workshop Petitions LU- 97 -03, 04, 05 Page 8 Date: November 19,1998 Boulevard west of Military Trail not only as a residential area, but as an integrated corridor; and after weighing the concerns against the potential assets, staff recommends the following: Parcel 1: Staff recommends approval of a change in land use from residential high to mixed use. Parcel 2: Staff recommends approval of a change in land use from residential medium to mixed use. Parcel 3: Staff recommends approval of a change in land use from residential medium to mixed use. The Planning & Zoning Commission, at its September 22, 1998 meeting, recommended approval of the three petitions with a vote of 4 -0. 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'...j y� (1 U O O . ct N 4� 0 U cc3 U 4� rl: 75 CITY OF PALM BEACH GARDENS City Council Agenda Cover Memorandum Meeting Date: November 19, 1998 Subject/Agenda Item: Consideration of First Reading: Ordinance 24, 1998 The Commons Parcel 2 Small - Scale Land Use Change - Petitions LU -98 -04 Recommendation /Motion: Staff recommends approval of the petition, but points out that a legislative policy decision is needed by the Citv Council. Reviewed by Originating Dept.: Costs: $_0 Council Action: City Attorney `\ADD ACM \ r �� Planning Divi ion Total $ 0 [ ] Approved [ ] Approved Wi coed t ors Current FY Other N/A [ ] Denied Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other N/A Ordinance 24, 1998 [ x ] Not Required Staff Report Submitted by: ro . ire or Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required November 3, 1998 ORDINANCE 24,1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING - FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON 3.5 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND AVENUE OF THE PGA FROM RESIDENTIAL HIGH (RH) TO MIXED USE (MXD), AND BY CHANGING THE LAND USE DESIGNATION OF .5 ACRE OF LAND LOCATED AT THE SOUTHWEST CORNER OF PGA BOULEVARD AND HICKORY DRIVE FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE (MXD); PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Channing Corporation to amend the land use designation of 3.5 acres of land located at the southwest corner of PGA Boulevard and Hickory Drive, as more particularly described in Exhibit `A' attached hereto, from Residential High (RH) to Mixed Use (MXD), and for amending the land use designation of .5 acre of land located at the southwest corner of PGA Boulevard and Hickory Drive, as more particularly described in Exhibit `B' attached hereto, from Residential Medium (RM) to Mixed Use (MXD); and WHEREAS, the Growth Management Department (the "Department ") has reviewed said application and determined that it is sufficient; and WHEREAS, the land use amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, the land use amendment is consistent with Chapter 163.3187(1)(c), F.S. pertaining to small scale amendments; and WHEREAS, the City Council is the duly constituted land planning agency for the City which has recommended the land use amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council acknowledges that this land use amendment is subject to the provisions of Chapter 163.3187(3)(c), F.S., and that the City shall maintain compliance with all provisions thereof; NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use and Transportation Map Series of the Comprehensive Plan of the City is hereby amended to change the land use designation on 3.5 acres of land located at the southwest corner of PGA Boulevard and Hickory Drive, more specifically described in Exhibit `A', from Residential High (RH) to Mixed Use (MXD), and for amending the land use designation of .5 acre of land located at the southwest corner of PGA Boulevard and Hickory Drive, more particularly described in Exhibit `B', from Residential Medium (RM) to Mixed Use (MXD). SECTION 2, The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded 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. Consistent with Chapter 163.3187(3)(c), F.S., this Ordinance shall become effective 31 days after adoption. PLACED ON FIRST READING THIS DAY OF , 1998. Ordinance 24, 1998 Page 2 PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF MAYOR JOSEPH R. RUSSO , 1998. W21-101 ERIC JABLIN, COUNCILMEMBER VICE MAYOR LAUREN FURTADO DAVID CLARK, COUNCILMEMBER CARL SABATELLO, COUNCILMEMBER ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY. :• VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO GALong Range \LU9704.ORD.wpd Ordinance 24, 1998 Page 3 CITY ATTORNEY AYE NAY ABSENT Exhibit A Ordinance 24, 1998 THE COMMON. Parcel 2 LEGAL DESCRIPTION November 12, 1998 DESCRIPTION OF RM LAND TO BE DESIGNATED MXD: A parcel of land lying in Section 11, Township 42 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the northeast corner of said Section 11; thence North 880 22'33" West along the North line of said Section 11 (the North line of said Section l 1 is assumed to bear North 88° 22'33" West and all other bearings stated herein are relative thereto) a distance of 169.87 feet; thence departing said section line South 01 ° 37'27" West a distance of 60.00 feet to a point on the South right-of-way line of P.G.A. Boulevard and the POINT OF BEGINNING of the hereinafter described parcel of land; thence South 01 °31'22" West parallel with the East line of said Section 11 a distance of 169.61 feet to a point on the West right -of -way line of Hickory Drive as shown on the plat thereof, recorded in Plat Book 77,. Pages 122 and 123, Public Records of Palm Beach County, Florida, said point lying on a curve concave to the East, having a radius of 120 feet, a central angle of 75° 06' 11" and a radial bearing of South 34° 16'50" East; thence southerly along the arc of said curve a distance of 117.52 feet; thence departing said right -of -way line North 01 ° 3 P22" East a distance of 270.21 feet to the northwest corner of said parcel; thence South 88° 22'23" East along the South right -of -way line of P.G.A. . Boulevard a distance of 50.42 feet to the POINT OF BEGINNING. Containing in all .230 acres more or less. DESCRIPTION OF RR LAND TO BE DESIGNATED MXD: A parcel of land lying in Section 11, Township 42 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the northeast corner of said Section 11; thence North 88° 22'33" West along the North line of said Section 11 (the North line of said Section 11 is assumed to bear North 88° 22'33" West and all other bearings stated herein are relative thereto) a distance of 220.29 feet; thence departing said section line South 01 ° 37'27" West a distance of 60.00 feet to a point on the South right -of -way line of P.G.A. Boulevard and the POINT OF BEGINNING of the hereinafter described parcel of land; thence South 01 °31'22" West parallel with the East line of said Section l l A distance of 270.21 feet to a point on the West right -of -way line of Hickory Drive as shown on the plat thereof, recorded in Plat Book 77, Pages 122 and 123, Public Records of Palm Beach County, Florida, said point lying on a curve concave to the East, having a radius of 120 feet, a central angle of 75° 06' 11 " and a radial bearing of South 34° 16' 50" East; thence southerly along the arc of said curve a distance of 39.78 feet to a point of compound curvature of a curve concave to the East, having a radius of 351.20 feet and a central angle of 02' 40'37", thence southerly along the arc of said curve a distance of 16,41 feet; thence departing said right -of -way line North 88° 22' 33" West a distance of 517.64 feet to a point on the East line of a parcel of land described in Official Record Book 2539, Page 103, Public Records of Palm Beach County, Florida; thence North 01 ° 37' 33" East along the East line of said parcel a distance of 325.00 feet to the northwest corner of said parcel; thence South 88 °22' 23" East along the South right -of -way line of P.G.A. Boulevard a distance of 502.32 feet to the POINT OF BEGINNING. Containing in all 3.758 acres more or less. PETITIONS LU- 97 -039 LU- 97 -049 LU -97 -05 THE COMMONS PARCELS 1, 29 & 3 I. REQUEST Hank Skokowski, agent for Channing Corporation, is requesting land use amendments for three separate parcels of land. The proposed amendments include a land use change from Residential Medium (RM) and Residential High (RH) to Mixed Use Development (MXD) . The three parcels are located along the south side of PGA Boulevard, between Avenue of the PGA and Military Trail. (11,12- 42S -42E) City Council Workshop Petitions LU- 97 -03, 04, 05 Page 2 II. BACKGROUND Date: November 19,1998 Hank Skokowski, agent, is requesting three land use amendments in association with The Commons mixed use development. The City Council had previously approved Resolution 19, 1998, which allows for the concurrent processing of the land use amendment and the PUD applications. The Commons Mixed Use development consists of three parcels. The petitioner is requesting a land use amendment on a portion of each parcel. The portion of Parcel 1 proposed for a land use amendment consists of 5.2 acres of land. The request is for a land use change from Residential High (RH) to Mixed Use (MXD). The portion of Parcel 2 proposed for a land use amendment consists of 4 acres of land. The request is for a land use change from Residential High (RH) to Mixed Use (MXD) and Residential Medium (RM) to Mixed Use. The portion of Parcel 3 proposed for a land use amendment consists of 9.6 acres of land. The request is for a land use change from Residential Medium (RM) to Mixed Use (MXD). III. ISSUES Existing Site Conditions All three parcels are completely vacant. Most of the vegetation has also been cleared from the site for many years. Proposed Use The petitioner is proposing the eventual construction of 107 dwelling units, 50 to be apartments located above the proposed office and retail space, the remaining 57 will be townhomes located on fee simple lots. Of the 107 dwelling units, 50 are proposed for within the subject areas proposed for land use amendments. A total of 136,518 square feet of office and retail is proposed, all of which will be located within the portions of each parcel proposed for a land use amendment. Table 1 has broken down the number of dwelling units and non - residential square footage by parcel. Maximum Allowable Use Table 1 indicates the maximum allowable use within the proposed MXD land use compared with the maximum allowed in the existing land use. This comparison is used to analyze the change in levels of service in the following section. City Council Workshop 'Petitions LU-97-03, 04, 05 Page 3 Date: November 19,1998 THE COMMONS MIXED USE DEVELOPMENT TABLE I LOS Analysis i:vT raffic: Circulation p4r,_zf_is &W, d Pluqn -designations for Y. ting laic 'Parcels 1, 2 and.,3.)Vould 1,351 trips at. buildout.. T_h-. Pstimation is based on 193 residential dweiling.units n ;�cels. Tl� hrid use amendments to MXD would generate approximat-e!;i. i'/-7-- T bis based on daily trips generated by 96 ..residential units 5-0 sqr� e.feee, cf office and retail. The. land use amendment would then lead to an increase of 6,026 trips pe: day. City Council Workshop Petitions LU- 97 -03, 04, 05 Page 4 Sanitary Sewer Date: November 19,1998 Sanitary sewer service would be provided by Seacoast Utilities. Activities on the existing land use designations, at buildout, would consume 315.55 gallons per capita per day for sanitary sewer and potable water. Activities on the proposed land use would consume 251.19 gallons per capita per day for sanitary sewer and potable water. Including additional consumption proposed by the land use amendment, the total consumption of potable water for sanitary sewer purposes for the entire Seacoast system would be 8.02 mgpd per day. Currently, the existing sanitary sewer capacity (the ability to treat sewage) for the entire Seacoast system is 11.05 mgpd, leaving a balance of 3.03 mgpd available for treatment. Please note that capacity has not been reserved for this project. Potable Water Potable water service would be provided by Seacoast Utilities. The petitioner is not proposing to recycle potable water. Therefore, figures for potable water and sanitary sewer are the same. Activities on the existing land use designations, at buildout, would consume 315.55 gallons per capita per day for sanitary sewer and potable water. Activities on the proposed land use would consume 251.19 gallons per capita per day. These estimates are based on an eight (8) hour consumption period for existing commercial land use designations, while proposed residential land use designations are based on a 24 hour consumption period. Including additional consumption proposed by the land use amendment, the total consumption of potable water for the entire Seacoast system would be 14.63 mgpd. Currently, the existing potable water capacity (the ability to provide potable water) for the entire Seacoast system is 19.7 mgpd, leaving a balance of 5.07 mgpd available for use. Please note that capacity has not been reserved for this project. Drainage The Commons Parcels 1, 2 and 3 are located within the Sub -basin 4D of the SFWMD permit for BallenIsles. Sub -basin 4D is located within the C -17 basin and discharges via the Thompson Canal. A control structure exists on the west side of Military Trail. Solid Waste The petitioner has indicated that the existing land uses at the subject site would generate an estimated 3,249 lbs per day. The petitioner estimates that the proposed land use would generate a maximum of 1,441 lbs of garbage per day. This estimation is based on a seasonal or secondary home calculation of seven lbs. of garbage per day as specified in the comprehensive plan. This estimation would mean a decrease of 1,808 lbs of garbage per day should the land use be amended. Waste Management of Palm Beach indicates that capacity is available to serve this project upon City Council Workshop Date: November 19,1998 Petitions LU- 97 -03, 04, 05 Page 5 completion at the level of services adopted by the City. Parks and Recreation The Comprehensive Plan estimates that the City currently has 146.27 acres of active recreation space. The City's 1997 population is estimated at 33,229. Using the Park and Recreation Departments criteria of 3.5 acres per 1,000 persons, the City must provide approximately 116.3 acres of recreation and open space. The proposed project would add an estimated 283 residents to the City, which would require 1.5 acres of additional recreation and open space, or 117.8 acres of recreation and open space. Including the additional population at the subject site, there is a balance of 28.47 acres of recreation and open space available within the City, this year. A deficit in park acres will be reached in 2001 if additional park land is not acquired and improved. Hurricane Evacuation The County estimates that 5% of the population in an evacuation area would seek public shelter in the event of a hurricane. There are three (3) primary shelters serving the City and surrounding north county area. They are Palm Beach Gardens High School, capacity of 2,500; William T. Dwyer High School, capacity of 350 and Watson B. Duncan Middle School, capacity 2,000. In addition, there are two (2) alternate, or "last resort" shelters located at Timber Trace Elementary School, capacity 200 and Palm Beach Community College, capacity of 600. The total capacity of shelters within the City is 5,650 persons. Although the subject property is located in a high risk area for hurricanes, there should be adequate shelter capacity for the additional population during the storm event. Post - disaster shelter need may exceed available capacities, however. The site is located west of the Intracoastal Waterway, so evacuation over a bridge is not an issue of concern. Staff Concerns Configuration of Land Use Staff feels that configuration of the requested MXD land use designation has been `gerrymandered' in order to meet the criteria for a small -scale land use change (less than ten acres in size). The MXD does not encompass the entire parcel(s), but only the PGA frontage. A thin sliver of residential land is left at the rear of each parcel. While the current PUD petitions utilize both the proposed MXD area and the residential area, should these petitions not move forward, the City would be left with inappropriate land use configurations. City Council Workshop Petitions LU- 97 -03, 04, 05 Page 6 Change of Character Date: November 19,1998 The Comprehensive Plan establishes PGA Blvd as the City's main street. It is divided into an eastern, commercial district and a western (west of Military Trail) residential area. This division was established by City Forefathers' policy and is reflected in today's land use pattern. The requested MXD land use introduces non - residential land uses into an area which has been established by past policy as residential. Not only will a land use amendment change the character, but it will change the policy. Staff is concerned that the policy change will lead to future requests for non - residential land uses along the western PGA Blvd corridor. Strip commercialization is a concern, as well as the general change of character of the corridor. The "Vision" does identify the subject parcels as being appropriate for NM land use in the future. The question staff is considering is whether now is the time for this conversion of land use to occur. Need for Land Use The land use change petition does not sufficiently justify the need for the requested land use. There is not adequate support for changing residential land use to mixed use considering the amount of vacant land in the City which already has MXD land use. Mix of Uses The petitions were submitted prior to the adoption of the EAR -based amendments, therefore the mixed use criteria that now exists in the Plan can only be used for comparative purposes. Parcel 1 does not contain residential land uses above the neighborhood commercial uses, which is a now requirement of MXD projects. The City Council, during comprehensive plan workshops, voiced the desire for MXD projects to contain a true mix of land uses. While Parcels 2 and 3 do have a mix of uses, Parcel 1 insufficiently meets the criteria (10 of the residential units ly within the MXD portion of the project and the balance falls within the RH portion). Today's MXD criteria would require a greater concentration of residential use within the mixed use project. City Council Workshop Petitions LU- 97 -03, 04, 05 Page 7 IV, Staff Recommendation Date: November 19,1998 Staff will present information at the workshop which describes how the State, through the growth management legislation, is encouraging local governments to use mixed use developments as a means to provide for land use efficiencies and cost - efficient service delivery, and as a method of discouraging urban sprawl (the 8/25/98 presentation to the Planning & Zoning Commission has been printed out and included as an attachment). The City's own comprehensive plan encourages mixed use developments through the provision of a Mixed Use land use category. Staff has concerns, as outlined above, about the three petitions. Staff would like for these concerns to be considered as a legislative policy determination is made by the City Council as to whether to change the land uses on the subject properties from residential to mixed use. Despite concerns, staff feels that mixed use developments serve as preferred land use patterns which have numerous benefits. In considering these specific locations for mixed use land uses, staff has made the following observations: • The applicant submitted a market study which supports the marketability of the mixed -use concept. • A reconnaissance study was undertaken by the applicant which concluded that the sites have excellent potential for high density garden rental apartments, but that a mix of uses has the greatest market. support. The applicant's economist perceives that the project will have a positive influence on neighboring property values. • The project will provide enhancements to the neighborhood by adding dining, services and specialty shops within walking distance. • The non - residential uses associated with the mixed use projects will attract pedestrians and bicyclists from the surrounding neighborhoods thereby reducing the number and length of vehicle trips which otherwise are required to access PGA Boulevard or Military Trail for personal and business services and shopping. • The configuration of the subject parcels (shallow depth) suggests the need for creative solutions to transition from a six lane arterial to single family neighborhoods. • The.subject properties have locational advantage over other land already designated with mixed use land use because services and facilities are already in place to serve these parcels. The City's current facilities are able to serve these parcels. • Improvements on the subject properties will constitute infill development. • Mixed -use development patterns are recognized as a means to create a `sense of place' which nurtures a community's spirit. The City's `vision' identifies the need for `gathering places' which will foster the `sense of community'. The project's plazas and linked pathway system appear to provide the mechanisms to help achieve this goal. • The `vision' land use effort identified these parcels as mixed use. Therefore, recognizing that any land use change will require a policy modification to recognize PGA City Council Workshop Date: November 19,1998 Petitions LU- 97 -03, 04, 05 Page 8 Boulevard west of Military Trail not only as a residential area, but as an integrated corridor; and after weighing the concerns against the potential assets, staff recommends the following: Parcel 1: Staff recommends approval of a change in land use from residential high to mixed use. Parcel 2: Staff recommends approval of a change in land use from residential medium to mixed use. Parcel 3: Staff recommends approval of a change in land use from residential medium to mixed use. The Planning & Zoning Commission, at its September 22, 1998 meeting, recommended approval of the three petitions with a vote of 4 -0. 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O O N c� O O U O pct O cn O 03 c� O Q� •� O U cd 4-j � O O � U cC3 �i--1 O O C� O U c�3 N O U V rs:� 4-4 .r cn -i- 4 `.J MR 4� ct U -ij' . r..4 4� N U O W" u cd 3 0 0 U 4� N CC3 V� 9 cn -4--) . r...4 N N U U d� r' O cn CC3 4� O 4J O U U N Q�b CL4 0 ti EO � t1 ct ct N U ct U � O O c�3 CITY OF PALM BEACH GARDENS City Council Agenda Cover Memorandum Meeting Date: November 19, 1998 Subject/Agenda Item: Consideration of First Reading: Ordinance 25, 1998 The Commons Parcel 3 Small - Scale Land Use Change - Petitions LU -98 -05 Recommendation /Motion: Staff recommends approval of the petition, but points out that a legislative policy decision is needed by the Citv Council. Reviewed by: Originating Dept.: Costs: $_0 Total Council Action: City Attorne �D Planning Divisign [ ] Approved ACM $ 0 [ ] Approved w /conditions Current FY Other N/A [ ] Denied Advertised: Funding Source: [ j Continued to: Attachments: Date: [ ] Operating Paper: [ j Other N/A Ordinance 25, 1998 [ x ] Not Required Staff Report Submitted by: r wth gt. Di ector Affected parties [ )Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required November 3, 1998 ORDINANCE 25,1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND USE DESIGNATION ON 9.6 ACRES OF LAND LOCATED SOUTH OF PGA BOULEVARD AND EAST OF HICKORY DRIVE FROM RESIDENTIAL MEDIUM (RM) TO MIXED USE (MXD); PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Channing Corporation to amend the land use designation of 9.6 acres of land south of PGA Boulevard and east of Hickory Drive, as more particularly described in Exhibit `A' attached hereto, from Residential Medium (RM) to Mixed Use (MXD); and WHEREAS, the Growth Management Department (the "Department ") has reviewed said application and determined that it is sufficient; and WHEREAS, the land use amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, the land use amendment is consistent with Chapter 163.3187(1)(c), F.S. pertaining to small scale amendments; and WHEREAS, the City Council is the. duly constituted land planning agency for the City which has recommended the land use amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council acknowledges that this land use amendment is subject to the provisions of Chapter 163.3187(3)(c), F.S., and that the City shall maintain compliance with all provisions thereof; NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use and Transportation Map Series of the Comprehensive Plan of the City is hereby amended to change the land use designation on 9.6 acres of land south of PGA Boulevard and east of Hickory Drive, more specifically described in Exhibit "A ", from Residential Medium (RM) to Mixed Use (MXD). SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded 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. Consistent with Chapter 163.3187(3)(c), F.S., this Ordinance shall become effective 31 days after adoption. PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF 1998 Ordinance 25, 1998 Page 2 MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO LU9705.ord Ordinance 25, 1998 Page 3 ERIC JABLIN, COUNCILMEMBER DAVID CLARK, COUNCILMEMBER CARL SABATELLO, COUNCILMEMBER APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT Exhibit 'A' Ordinance 25, 1998 TIDE COMMONS Parcel 3 LEGAL DESCRIPTION December 01, 1997 A parcel of land tying in Section 12. Township 42 South, Range 42 East. Palm Beach County. Florida, being more particularly described as follows: Commencing at the northwest corner of said Section 12; thence South 88.37'35" East along the North line of said Section 12 (the North line of said Section 12 is assumed to bear South 88. 37'35" East and all other bearings stated herein are relative thereto) a distance of 29.82 feet: thence departing said Section line South 01.22'25" West a distance of 60.00 feet to the point of intersection of the South right-of -way line of P.G.A. Boulevard with the East right-of-way line of Hickory Drive according to the plat thereof, recorded in Plot Book 77, Pages 122 and 123. Public Records of Palm Beach County, Florida: thence South 88-37'35" East along the South right-of -way line of P.G.A. Boulevard a distance of 1798.64 feet to the northwest corner of a parcelof land described in Official Record Book 3615.P 1717, Public Records of Palm Beach County. Florida: thence South 01' 33'39" West aeonq the West Gne of said parcel a distance of 172.87 feet: thence South 67. 37'39" West a distance of 335.09 feet to the point of curvature of o curve concave to the North, having a radius of 95.00 feet, and a central angle of 32.00'00 thence westerly along the arc of said curve a distance of 53.06 feet to the point of tangency: thence North 80'22'21" West a distance of 300.00 feet to the point of curvature of a curve concave to the North, having a radius of 95.00 feet and a central ongle of 25.26'00 thence westerly along the arc of said curve a distance of 42.17 feet to the point of tangency: thence North 54.56'21" West a distance of 155.04 feet: thence South 89. 13'39" West a distance of 648.74 feet: thence South 01.31'35" West a distance of 25.02 feet to a North boundary corner of P.G.A. Notional Golf Club Estates. as recorded in Plot Book 27, Pages 206 ano 207, Public Records of Palm Beach County, Florida: thence continue South 01. 31'35" West aiong the West line of said plat a distance of 38 81 feet: thence North 88' 28'25" West a distance of 326.73 feet: thence North 01.31.22" East a distance of 258.09 feet to the POINT OF BEGINNING. Containing in a119.600 acres more or less PETITIONS LU- 97 -03, LU- 97 -04, LU -97 -05 THE COMMONS PARCELS 1, 29 & 3 I. REQUEST Hank Skokowski, agent for Channing Corporation, is requesting land use amendments for three - separate parcels of land. The proposed amendments include a land use change from Residential Medium (RM) and Residential High (RH) to Mixed Use Development (MXD) . The three parcels are located along the south side of PGA Boulevard, between Avenue of the PGA and Military Trail. (11,12- 42S -42E) City Council Workshop Petitions LU- 97 -03, 04, 05 Page 2 II.13ACKGROUND Date: November 19,1998 Hank Skokowski, agent, is requesting three land use amendments in association with The Commons mixed use development. The City Council had previously approved Resolution 19, 1998, which allows for the concurrent processing of the land use amendment and the PUD applications. The Commons Mixed Use development consists of three parcels. The petitioner is requesting a land use amendment on a portion of each parcel. The portion of Parcel 1 proposed for a land use amendment consists of 5.2 acres of land. The request is for a land use change from Residential High (RH) to Mixed Use (MXD). The portion of Parcel 2 proposed for a land use amendment consists of 4 acres of land. The request is for a land use change from Residential High (RH) to Mixed Use (MXD) and Residential Medium (RM) to Mixed Use. The portion of Parcel 3 proposed for a land use amendment consists of 9.6 acres of land. The request is for a land use change from Residential Medium (RM) to Mixed Use (MXD). III. ISSUES Existing Site Conditions All three parcels are completely vacant. Most of the vegetation has also been cleared from the site for many years. Proposed Use The petitioner is proposing the eventual construction of 107 dwelling units, 50 to be apartments located above the proposed office and retail space, the remaining 57 will be townhomes located on fee simple lots. Of the 107 dwelling units, 50 are proposed for within the subject areas proposed for land use amendments. A total of 136,518 square feet of office and retail is proposed, all of which will be located within the portions of each parcel proposed for a land use amendment. Table 1 has broken down the number of dwelling units and non - residential square footage by parcel. Maximum Allowable Use Table 1 indicates the maximum allowable use within the proposed MXD land use compared with the maximum allowed in the existing land use. This comparison is used to analyze the change in levels of service in the following section. City Council Workshop Date: November 19,1998 'Petitions LU-97-03, 04, 05 Page 3 THE COMMONS MIXED USE DEVELOPMENT TABLE I LOS Analysis -, ;7-;T, raffic: Circulation -1— e-designations for scv;dy,� -°:-i ting lai. Lls Parcels 1, 2 and-3.would g-,:iew-t-, 1,351 trips at• bui,1,d;out.. Thin estimation is based on 193 residential dwelling units in", the+- —4. P;ii• TW ;xcels. Tip e pron, -s-;. ., land use amendments to N4YD would generate ;s based on daily trips generked by 96 residential units a 5-9 cf office . -and retail. The. land use amendment would then lead t.11- 1 to an increase of 6,026 trips pe: day. City Council Workshop Petitions LU- 97 -03, 04, 05 Page 4 Sanitary Sewer Date: November 19, 1998 Sanitary sewer service would be provided bye Seacoast Utilities. Activities on the existing land use designations, at buildout, would consume 315.55 gallons per capita per day for sanitary sewer and potable water. Activities on the proposed land use would consume 251.19 gallons per capita per day for sanitary sewer and potable water. Including additional consumption proposed by the land use amendment, the total consumption of potable water for sanitary sewer purposes for the entire Seacoast system would be 8.02 mgpd per day. Currently, the existing sanitary sewer capacity (the ability to treat sewage) for the entire Seacoast system is 11.05 mgpd, leaving a balance of 3.03 mgpd available for treatment. Please note that capacity has not been reserved for this project. .Potable Water Potable water service would be provided by Seacoast Utilities. The petitioner is not proposing to recycle potable water. Therefore, figures for potable water and sanitary sewer are the same. Activities on the existing land use designations, at buildout, would consume 315.55 gallons per capita per day for sanitary sewer and potable water. Activities on the proposed land use would consume 251.19 gallons per capita per day. These estimates are based on an eight (8) hour consumption period for existing commercial land use designations, while proposed residential land use designations are based on a 24 hour consumption period. Including additional consumption proposed by the land use amendment, the total consumption of potable water for the entire Seacoast system would be 14.63 mgpd. Currently, the existing potable water capacity (the ability to provide potable water) � for the entire Seacoast system is 19.7 mgpd, leaving a balance of 5.07 mgpd available for use. Please note that capacity has not been reserved for this project. Drainage i The Commons Parcels 1, 2 and 3 are located within the Sub -basin 4D of the SFWMD permit for BallenIsles. Sub -basin 4D is located within the C -17 basin and discharges via the Thompson Canal. A control structure exists on the west side of Military Trail. Solid Waste The petitioner has indicated that the existing land uses at the subject site would generate an estimated 3,249 lbs per day. The petitioner estimates that the proposed land use would generate a maximum of 1,441 lbs of garbage per day. This estimation is based on a seasonal or secondary home calculation of seven lbs. of garbage per day as specified in the comprehensive plan. This estimation would mean a decrease of 1,808 lbs of garbage per day should the land use be amended. i Waste Management of Palm Beach indicates that capacity is available to serve this project upon ` City Council Workshop Petitions LU- 97 -03, 04, 05 Page 5 completion at the level of services adopted by the City. Parks and Recreation Date: November 19,1998 The Comprehensive Plan estimates that the City currently has 146.27 acres of active recreation space. The City's 1997 population is estimated at 33,229. Using the Park and Recreation Departments criteria of 3.5 acres per 1,000 persons, the City, must provide approximately 116.3 acres of recreation and open space. The proposed project would add an estimated 283 residents to the City, which would require 1.5 acres of additional recreation and open space, or 117.8 acres of recreation and open space. Including the additional population at the subject site, there is a balance of 28.47 acres of recreation and open space available within the City, this year. A deficit in park acres will be reached in 2001 if additional park land is not acquired and improved. Hurricane Evacuation The County estimates that 5% of the population in an evacuation area would seek public shelter in the event of a hurricane. There are three (3) primary shelters serving the City and surrounding north county area. They are Palm Beach Gardens High School, capacity of 2,500; William T. Dwyer High School, capacity of 350 and Watson B. Duncan Middle School, capacity 2,000. In addition, there are two (2) alternate, or "last resort" shelters located at Timber Trace Elementary School, capacity 200 and Palm Beach Community College, capacity of 600. The total capacity of shelters within the City is 5,650 persons. Although the subject property is located in a high risk area for hurricanes, there should be adequate shelter capacity for the additional population during the storm event. Post - disaster shelter need may exceed available capacities, however. The site is located west of the Intracoastal Waterway, so evacuation over a bridge is not an issue of concern. Staff Concerns Configuration of Land Use Staff feels that configuration of the requested MXD land use designation has been `gerrymandered' in order to meet the criteria for a small -scale land use change (less than ten acres in size). The MXD does not encompass the entire parcel(s), but only the PGA frontage. A thin sliver of residential land is left at the rear of each parcel. While the current PUD petitions utilize both the proposed MXD area and the residential area, should these petitions not move forward, the City would be left with inappropriate land use configurations. City Council Workshop Petitions LU- 97 -03, 04, 05 Page 6 Change of Character Date: November 19,1998 The Comprehensive Plan establishes PGA Blvd as the City's main street. It is divided into an eastern, commercial district and a western (west of Military Trail) residential area. This division was established by City Forefathers' policy and is reflected in today's land use pattern. The requested MXD land use introduces non - residential land uses into an area which has been established by past policy as residential. Not only will a land use amendment change the character, but it will change the policy. Staff is concerned that the policy change will lead to future requests for non - residential land uses along the western PGA Blvd corridor. Strip commercialization is a concern, as well as the general change of character of the corridor. The "Vision" does identify the subject parcels as being appropriate for MXD land use in the future. The question staff is considering is whether now is the time for this conversion of land use to occur. Need for Land Use The land use change petition does not sufficiently justify the need for the requested land use. There is not adequate support for changing residential land use to mixed use considering the amount of vacant land in the City which already has MXD land use. Mix of Uses The petitions were submitted prior to the adoption of the EAR -based amendments, therefore the mixed use criteria that now exists in the Plan can only be used for comparative purposes. Parcel 1 does not contain residential land uses above the neighborhood commercial uses, which is a now requirement of MXD projects. The City Council, during comprehensive plan workshops, "voiced the desire for MXD projects to contain a true mix of land uses. While Parcels 2 and 3 do have a mix of uses, Parcel 1 insufficiently meets the criteria (10 of the residential units ly within the MXD portion of the project and the balance falls within the RH portion). Today's MXD criteria would require a greater concentration of residential use within the mixed use project. City Council Workshop Petitions LU- 97 -03, 04, 05 Page 7 IV. Staff Recommendation Date: November 19,1998 Staff will present information at the workshop which describes how the State, through the growth management legislation, is encouraging local governments to use mixed use developments as a means to provide for land use efficiencies and cost - efficient service delivery, and as a method of discouraging urban sprawl (the 8/25/98 presentation to the Planning & Zoning Commission has been printed out and included as an attachment). The City's own comprehensive plan encourages mixed use developments through the provision of a Mixed Use land use category. Staff has concerns, as outlined above, about the three petitions. Staff would like for these concerns to be considered as a legislative policy determination is made by the City Council as to whether to change the land uses on the subject properties from residential to mixed use. Despite concerns, staff feels that mixed use developments serve as preferred land use patterns which have numerous benefits. In considering these specific locations for mixed use land uses, staff has made the following observations: • The applicant submitted a market study which supports the marketability of the mixed -use concept. • A reconnaissance study was undertaken by the applicant which concluded that the sites have excellent potential for high density garden rental apartments, but that a mix of uses has the greatest market support. • The applicant's economist perceives that the project will have a positive influence on neighboring property values. • The project will provide enhancements to the neighborhood by adding dining, services and specialty shops within walking distance. • The non - residential uses associated with the mixed use projects will attract pedestrians and bicyclists from the surrounding neighborhoods thereby reducing the number and length of vehicle trips which otherwise are required to access PGA Boulevard or Military Trail for personal and business services and shopping. • The configuration of the subject parcels (shallow depth) suggests the need for creative solutions to transition from a six lane arterial to single family neighborhoods. • The subject properties have locational advantage over other land already designated with mixed use land use because services and facilities are already in place to serve these parcels. The City's current facilities are able to serve these parcels. • Improvements on the subject properties will constitute infill development. • Mixed -use development patterns are recognized as a means to create a `sense of place' which nurtures a community's spirit. The City's `vision' identifies the need for `gathering places' which will foster the `sense of community'. The project's plazas and linked pathway system appear to provide the mechanisms to help achieve this goal. • The `vision' land use effort identified these parcels as mixed use. Therefore, recognizing that any land use change will require a policy modification to recognize PGA City Council Workshop Petitions LU- 97 -03, 04, 05 Page 8 Date: November 19,1998 Boulevard west of Military Trail not only as a residential area, but as an integrated corridor; and after weighing the concerns against the potential assets, staff recommends the following: Parcel 1: Staff recommends approval of a change in land use from residential high to mixed use. Parcel 2: Staff recommends approval of a change in land use from residential medium to mixed use. Parcel 3: Staff recommends approval of a change in land use from residential medium to mixed use. The Planning & Zoning Commission, at its September 22, 1998 meeting, recommended approval of the three petitions with a vote of 4 -0. LU9703 -05. staff. cc � � � � ����\ / 4� -177 Wb Im U 15 N N /"-1 V] N O O N w o3 N �.., �O O 42 •� � � p bfJ � O a �N 0 Q � .. 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Ct U •� O � O �A 0 a� CTJ a� 0 IR I1P • U 0 Con H U N 0 • Mll O i E� U � N U o� c � U a� ct � � O ct U � � • �- j ct N 4� 0 U c� U a) 175 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:. 11110/98 Subject/Agenda Item Ordinance 27, 1998, amending the Fire Pension Retirement Plan Recommendation /Motion: Staff recommends approval of Ordinance 27, 1998. Reviewed by: Originating Dept.: Costs: $163,798 Council Action: �� Total City Attorney Finance [ ] Approved Finance $ 163,798 [ ] Approved w /conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [X ] Not Required [ x ] Other None Memorandum Submitted by: Kent R. Olson Department Director Affected parties [X] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ ] Not required MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance DirectorKR� SUBJECT Ordinance 27, 1998, Revisions to the Fire Pension Retirement Plan DATE November 9, 1998 INTRODUCTION The Fire Pension Board originally proposed some changes to the Pension Plan in 1995. Some progress was made over the years, but an agreement remained out of reach as the talks stalemated, with discussions occurring periodically between the City and representatives of the Pension Board. Almost a year ago, the talks began to make process toward resolving the final points of contention. As these discussions have dragged on between the representatives of the Pension Board and ourselves as we have explored various options and worked to come to an agreement which will provide our Firefighters and FireMedics with a competitive retirement plan that the City can afford. The culmination of this long process is embodied in Ordinance 27, 1998. ANALYSIS Table I (attached) compares several local law fire retirement plans. Our current plan provides for the highest retirement age (60) allowed by law and no earlier retirement for service credits (SC). Except for North Palm Beach, no other municipality requires its firefighters to work as long in order to earn a normal (full) pension benefit. The proposed retirement age of 52 with 10 years of service or 25 years of service regardless of age is better than the retirement age offered by half of the communities listed and is identical to the provisions in the Police Pension Plan. Our current plan also calls for a benefit accrual rate of 2.5% per year of credited service, a benefit that exceeds one (1) of the communities shown. The proposed benefit accrual rate of 2.75% with a maximum benefit accrual rate of 75% again puts the City in the middle of the group and is a very competitive benefit. Finally, the City contribution under the proposed changes will put the City in the middle of the pack, also. The proposed plan provides better disability and death benefits for plan participants. The in -line of duty benefit will be increased from a minimum of 42% to a flat 60% of average final compensation. The non -line of duty benefit will have a benefit accrual rate of 2.5% per year of service, up to a maximum benefit of 50% of average final compensation. The proposed Ordinance also provides that the monies collected and remitted by the State from a 1.85% excise tax on property insurance premiums levied by the City shall be used to create a defined contribution plan. The proceeds of this tax has been sufficient at our current benefit level to require no additional funding from the City. According to State law, the proceeds of this tax levy may be used to pay for "extra benefits" for the plan participants. House Bill 3705, passed overwhelmingly by the Legislature but vetoed by the Governor, mandates that this tax must be used to provide extra benefits. Given the majority mustered at its passing, the veto of HB 3705 is likely to be overridden in the next session. There is a change to the plan which will not increase the cost of the Plan. The proposal allows employees to buy back service credits for years worked at the City or other departments for which they have no pension service. Under the proposed changes, the firefighters wishing to purchase this credit will have to pay the full cost of the buyback, thus having no adverse financial impact upon the Pension Fund. The necessary funds to pay for these benefit revisions have been included in the 1998 -99 Budget. RECOMMENDATION 1 recommend that the City adopt Ordinance 27, 1998, approving the revisions to the Fire Pension Retirement Plan. K D w x m m r m 0 W T 2 N N N N N N N N 4 -I CD O O O o �_ O o m o D v Cn o M y v v IV �_ o O O O O 0 O O m O O r O O O O O 3 m v -a m 0 CD (D O O O v N Q � m * `< O -0 CD CD ? O N O � p m � W m D CC° n m C Ul CD o CD o i O O O O O c N O CD p N N C:) O O O O O O O O N O Cn (n O A D N N O fn X W cn CO O cn fn cn C O -1 (O O Ul -1 n N O O n 0 c>a N 0 0 O co co cn cn cn -° W X 0 N cn � 0 00 W n v cn 0 v O P c� I I O m v O � cn n X O m CD z m -1 v rn ao w rn cn v co ao rn ao cn rn cn rn cn W C) C) 0 -I O O C) 0 Cn 0 0 cn w o o N A -I t0 CO 00 A W N Q1 A O N OD O -• N W �1 O A - N O O N - v W ? W O N �--• O - W W O Cn N N W W W W W W W W N N N N N N N N N N N 4 -I O O O O O O O O V -1 -I M Cn Cn M Cn M M IV M U1 O O O O O O O O m 0 O O O O O O O O m O O O N N O N O M Cn Ul .� o o i O O O O O c N O p N N C:) O O O O O O O O N O Cn (n N A D N N � fn X W cn : O cn fn cn C O -1 (O O Ul -1 n N O O n Cn N 0 0 O co co cn cn cn W 0 0 N cn 0 n cn 0 O I I O O Cl) O z cn O M 0 O �W �> 0 O m n -v O r r D �0m mom r -1 M Z GDi m 3 m M r' -I r C) n r m m m Z y r n Z CO) m Z y n n n A n r ,i NOV 16 '98.12;29 TO- 15617751023 FROM- CNRISTIANSEN & DENNER,PA T -440 P.02 F -663 ORDINANCE 27 , 1998 AN ORDINANCE OF THE CITY OF PAT M BEACu GARDENS AWNDING AND RESTATING CAAPM 38, FIRE PREVENTION AND PROTECTION ARTICLE II, FIRE DEPARTMENT, DIVISION 2, FIREFIG=HTERS' PENSION TRUST FUND SECTIONS 38-51 to 38-M INCLUSIVE OF THE CODE O� ORDINANCES OF THE CITY OF PALM BEACH GARDENS, BY RESTATING TN!3 CITY OF PALM BEACH GARDENS FIREFIGHTERS PENSION TRUST F[7ND: PROVIDING FOR. DEFINR WM; PROVIDING FOR MEMBERSWP.' PROVIDING FOR A BOARD OF TRU57't?RC; PROVID IG FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BE 0= AMOUNTS AND RT YGIBTF i'I'Y; PROVIDING FOR PRE RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABTi_1Ty BENEFITS; PROVIDING pOR VFSTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF .BENEFITS; PROVIDING FOR BENEFICTARIF3S; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF Rl"iTAmww; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A BOARD ATTORNEY AND PROFESSIONALS; PROVIDING FOR A hLkXndum PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR RtFPEAL OR TERNMATION OF THE SYSTEM; PROVIDING FOR EXEMPTION FROM EXECUTION AND NON - ASSIGNABILITY; PROVIDING FOR PENSION VAT,InRTy; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING rOR MEMNIPICATION AND DEFENSE OF CLAIMS; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBr F ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CRF-PiT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR PURCHASE OF CREDITED SERVICE FOR PREVIOUS SERVICE AS A fW h FLGHTER; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR SEPARATION FROM EMPLOYMENT FOR MIJTARY SERVICE- PROVIDING FOR PURCHASE OF CREDITED SERVICE FOR FAMR-Y AND MEDICAL LEAVE TIME. PROVIDING FOR A SUPPLEN[ENTAL BENEFIT AND ESTABLISHMENT OF CHAPTER 175 SHARE ACCOUNTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERAB]LRTY OF PROVIS ONS; REPEAT TKG ALL ORDINANCES IN CONFLICT HEREWnH AND PROVIDING AN EFFECTIVE DATE. WIMR— EAS, the City of Palm Beach Gardens Firefighters are presently provided Pm'nnn and ceMin other benefits under Ordinances of the City of Palm Beach Gardens and; NOV 16 '98 12 :29 TO- 15617751023 FROH - CHRISTIANSEN & DEHNER,PA T -440 P.03 F -663 WHEREAS, the City Council. desires to clarify and restate the provisions of the Firefighters' Retirement Plan to consolidate all prior ordinances and Code provisions and to incorporate Federal lady and the applicable provisions of Chapter 175, Florida Ste, to provide for benefit improvements and establish Member snare accounts funded by Chapter 175 premium tax monies; NOW, THEREFORE, BE Tr ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA; RE ION 1.* That Chapter 38, Fira Prevention and Protection, Article H, Dire Department, Division 2, Firefighters' Pension Trust Fund, Sections 38 -51 to 38.60, of the Code of Ordinances of the City of Faun Beach Gardens be and the same are amended and restated as set forth in the document designated CITY OF PALM BEACH GARDENS FIRENGHTERS' PENSION FUND, attaclrA hereto and made a part hereof. SECTION Z: Specific authority is hereby granted to codify and incorporate this Ordinance in the existing Code of Ordinances of the City of Palm Beach Gardens. SFM ON 3: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SUMM 4: If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof 611211 be held invalid by any court, administrative agency, or other body with app vpriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby, S1= - M S: That this Ordinance shall become effective upon date of pamage and shall apply retroactively to , PASSED ON FIRST READING, this � day of '1998. PASSED ON SECOND READING, this day of '1998. PASSED AND ADOPTRD THIS THE day of '1998. MAYOR JOSEPH RUSSO COUNCILMAN ERIC JABLIN 2 NOV 16 '98 12 :30 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,04 F -663 VICE MAYOR LALWX -N FMTADO C0UIdCYLMAN CARL SABATELLO COUNCILMAN DAVID CLARK ATTFS'.f: APPRO T) AS TO LEGAL FORM AND L;NDA V. KOSIER, CMC, SUFFICIENCY CITY CLERK BY: WAWERSON, HYLAND & K1-FTT, P.A. MAYOR RUSSO YICE MAYOR FURTADO - COUNCILMAN JABLIN 1 COUNCILMAN SA$ATF -T -TiO COUNCILMAN CLARK - 3 NOV 16 '98 12:30 TO- 15617751023 FROH - CHRISTIANSEN & DEHNER.PA T -440 P.05 F -663 CITY OF PAY M BFACH GARDENS FWFFiG$TERS' PENSION FUNID See. 38 -51 _ I)RF I?YMnNS_ 1. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meaning indicated: Amtm §ttM— Cnnhgw innw means a Member's own contributions without interest. For throe Members who purchase Credited Service with interest or at no cost to the System, only that port= of any payment representing the amount attributable to Member contributions based on the applicable Member contribution rate, shall be included in Ace m dated Contributions. Act means the Employee Retirement Inca= Sacurity Act of 1974 (P.L. 93 -406) and any regulations issued thereunder by the Department of Labor and the Internal Revenue Service, as that Statute and these regulations shall be amended. Achnw al %uivAcnt nwous a benefit or amount of equal value, based upon the UP 1983 Group Annuity Mortality Table and an interest rate of eight percent (8.0%) per annum. Average MnA Comnensation nuom ore- twelfth (1/12) of the average SAInry of the best five (5) years of the last ten (10) years of Credited Service prior to Retirement, termination, or death, or the career average as a full-time Firefighter, whichever is greater. A year shall be twelve (12) consecutive months. 11cucZielm means the person or persons entitled to receive benefits hereunder at the death of a Member who has or have been designated in writing by the Member and filed with the Board. If no such designations is in effect, or if no person so designated is living, at the time of death of the Member, the Beneficiary shall be the estate of the Member. Board means the Board of Trustees, which shall administer and manage the System herein provided and serve as trustees of the Fund. City mean, City of Palm Beach Gardens, Florida. CQ& means the Internal Revenue Code of 1986, as amended from time to time. 4 NOV 16 '98 12;30 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.06 F -663 e-mdjMd Remo means the total number of years and fractional parts of years of service as a Firefighter with Member contrbutions, when required, omitting intervening years or fractional parts of years when such Member was not employed by the City as a Firefighter. A Member may voluntarily leave his contribution in the Fund for a period of five (5) years after leaving the employ of the Fire Department pending the possibility of being reemployed as a Firefighter, and mmaining employed for a period of not less than three (3) years, without losing credit for the time that he was a Member of the System. If the Member does not remain employed for a period of three (3) years upon reemployment wi±l±in five (5) years, then the Accumulated Contributions will be returned upon his written request. Upon return of his Accumulated Contributions, all of his rights and benefits under the System are forfeited and terminated. However, no Firefighter will receive credit for years or completed months of service for which be has withdrawn his contributions to the Fund for those years or completed months of service, unless the Firefighter repays into the Fund the contributions he has withdrawn, with interest, within ninety (90) days after his reemployment. Effective. DUa means the date on which thin ordinance becomes effective. E=flghtcs means an actively employed full tame person employed by the City, including his initial probationary employment period, who is certified as a Firefighter as a condition of employment in accordance with the provisions of §633.35, Eorida SMtntes, and whose duty it is to extinguish fires, to protect life and to protect property. Find means the mist fund established herein as part of the System. Member means an actively employed .firefighter who Adf lls the preseri1md membership requirements. Benefit improvements which, in the past, have been provided for by amendments to the System adopted by City ordinance, and any benefit improvements which might be made in the future shall apply prospectively and shall not apply to Members who terminate employment or who retire prior to the effective date of any ordinance adopting such benefit improvements, unless such ordinance specifically provides to the contrary. Plan Year mew the twelve (12) month period beginning October 1 and ending September 30 of the following year. 47 NOV 16 '98 12:30 TO- 15617751023 FROM - CHRISTIANSEN & DEHNEVA T -440 P,07 F -663 means a Member who has entered Retirement Status. $ttjrr cn means a Member's separation from City employment with eligibility for immediate receipt of benefits under the System. Sal= means the total compensation for services rendered to the City as a Firefighter reportable on the Member's W -2 form plus all tax deferred, tax - sheltered or tax exempt items of income derived from elective employee payroll deduction or salary reduction. Compensation in excess of limitations set forth in Section 401 (a)(17) of the Code shall be disregarded. The limitation on compensation for an "eligible employee" shalt not he less than the amount which was allowed to be taken into account hereunder as in effect on July 1, 1993. 'Eligible employee' is an individual who was a Member before the first Plan Year beginning after December 31, 1995. &mse means the lawful wife or husband of a Member or Retiree at the time benefits become payable. means the City of Palm Beach Crams Fuefighters' Pension Fund as contained herein and all amendments thereto. 2. Masculine Gender. The nu"uune gender, where used herein, unless the context specifically requires otherwise, shall include both the feminine And masculine genders. Sec.38 -92. M1F'MBRRST1TP, 1. Conditions of Elic►ibility, All Firefighters as of the Effective Date. and all future new Firefighters, shall become Members of this System as a condition of employment 2. Mti. Each Firefighter shall complete a form prescribed by the Board designating a .Beneficiary or Beneficiaries. Sec. 38 -93. BOARD OF TRUWFFQ. 1. The sole and exclusive administration of And nmpoy"'hility for the proper operation of the System and for malting effective the provisions of this ordinance are hereby 6 NOV 16 '98 12:31 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.08 F -663 vested in a Board of Trustees. The Board of Trustees its hereby designated as the plan aduninistrator. The Board of Trustees shall. consist of five (5) Trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the City, who chatl be appointed by the Palm Beach Gardens City Council, and two of whom shall be Members of the System, who shall be elected by a nWority of the Firefighters who are Members of the System. The fifth Trustee shall be chosen by a maiority of the previous four Trustees as provided for herein, and such person's name sheik be submitted to the Palm Beach Gardens City Council. Upon receipt of the fifth person's name, the Palm Beach Gardens City Council shall, as a ministerial duty, appoint such person to the Board of Trustees as its fifth Trustee. The fifth Trustee shall have the sanw rights as each of the other four Trustees appointed or elected as herein provided and dmU serve a two {2) year term unless he sooner vacates the office. Each resident Trustee shall serve as Trustee for a period of two (2) years, unless he sooner vacates the office or is sooner replaced by the Palm Beach Gardens City Council at whose pleasure he 81=11 serve. Each Member Trustee shall serve as Trustee for a period of two (2) yew's, unless he sooner leaves the employment of the City as a Firefighter or otherwise vacates his office as Trustee, whereupon a successor "11 be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. The Board shall establish and administer the nominating and elections procedures for each election. The Board shall meet at least quarterly each year. The Boated shall be a legall entity with, in addition to other powers and responsibil- ities contain Ad herein, the power to bring and defend lawsuits of every kind, nature, and description. 2. The Trustees shall, by a majority vote, eked a Chairman. Vice - Chairman and a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees chaff not receive any compensation as such, but may receive expenses and per diem as provided by law. 3. Each Trustee 511211 be entitled to one vote an the Board. Three (3) affirmative votes shall be necessary for any decision by the 'Trustees at any meeting of the Board. A NOV 16 '98 12:31 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P.09 F -663 i Trustee shall have the right to abstain from voting as the result of a conflict of interest provided that Trustee complies with the provisions of Section 112.3143, Florida ,Stabiles, 4. The Board shall. engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the System, The compensation of alt persons engaged by the Board and all other expenses of the Board necessary for the operation of the System shall be paid from the Fund at such rates and in such amounts as the Board shall agree, S. The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following: A. To construe the provisions of the System and determine all questions arising thereunder. B. To determine all questions relating to eligibility and membership. C. To determine and certify the anxent of all retirement allowances or other benefits hereunder. D. To establish uniform rules and procedures to be followed for adminis- trative purposes, benefit applications and all matters required to administer the System. E. To distribute to Members, at regular intervals, information concerning the System. F. To receive and process all applications for benefits. G. To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and ' other expenditures arising through operation of the System and Fund. H. To have performed actuarial studies and valuations, at 1_m?4 as often as required by law, And ma1w recommendations regarding any and all changes in the provisions of the System. 1. To perform such other duties as are required to prudently administer the System. a NOV 16 '98 12:31 TO- 15617751023 FROH- CHRISTIANSEN & DEHNER,PA T -440 P.10 F -663 sec. 39-94. MWANCES ATNM FUND MANAGRUPW. Establishment and Oneration of Fund. 1. As part of the System, there exists the Fund, into which shall be deposited all of the contributions and assets whatsoever attributable to the System, including the assets of the prior Firefighters' Pension Fund. 2. The actual custody and supervision of the Fund (and assets thereof) shall be vested in the Board. Payment of benefits and disbursements from the Fund shgll be made by the disbursing agent but only upon written authorization from the Board. I All funds of the Firefighters' Pension Fund may be depoOted by the Board with the Finance Director of the City, acting in a ministerial capacity only, who sball be liable in the same manner and to the same extent as he is liable for the safer ping of fends for the City. However, any finds so deposited with the Finance Director of the City shall be kept in a separate fund by the Finance Director or clearly identiW as such funds of the Firefighters' Pension Fund. In lieu thereof, the Board shall deposit the farads of the Firefighters' Pension Fund in a qualified public depository as defined in $280.02, Elarida Statutes, which depository with regard to such funds shalt conform to and be bound by all of the provisions of Chapter 280, Flat & Statu Ps. In order to fal fill its investment responsibilities as set forth herein, the Board may retain the services of a custodian bank, an investment advisor registered ender the Investment Advisors Act of 1940 or otherwise exempt from such required registration, an insurance company, or a combination of these, for the purposes of investment decisions and management. Such investment manager shall have discretion. subject to any guidelines as prescribed by the Board, in the investment of all Fund assets. 4. All funds and securities of the System may be commingled in the Fund, provided that accurate records are maintained at all times reflecting the financial compo%itinun of the Fund, including accurate current accounts and entries as regards the fnytnwing: A. Current amounts of Accumulated Contributions of Members on both an individual and aggregate account basis and amounts currently held in Member share accounts pursuant to Section 38-79, and 9 NOV 16 '98 12:32 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,11 F -663 B. Receipts and disbursements, and C. Benefit payments, and D. Current amounts clearly reflecting all monies, funds and assets whatsoever attributable to contributions and deposits from the City, and E. All interest dividends and mins (or losses) whatsoever, and F. Such other entries as may be properly required so as to reflect a clear and complete financial report of the Fund. S. An audit shall be performed annually by a certified public accountant for the most recent fiscal yea of the City showing a den! *1_ed listing of assets and a statement of all incorne and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year. Such report shall reflect a complete evaluation of assets on both a cost and market bads, as well as other items normally included in a certified audit. 6. The Board shall have the following investment powers and authority: A. The Board shall be vested with full legal title to said Fund, subject, however, and in any event to the authority and power of the Palm Beach Gardens City Council to amend or ternunate this Fund, provided that no amendment or Fund termination shall ever result in the use of any assets of this Fund except for the payment of regular expenses and benefits under this System, except as otherwise provided herein. All contribu- tions from time to time paid into the Fund. and the income therenf, without distinction between principal and income, shah he b,--M and administered by the Board or its agent in the Fund and the Bow *d shall not be required to segregate or invest separately any portion of the Fund. B. All mortis paid into or held in the Fund shallbe invested and reinvested by the Board and the investment of all or any part of such &nds shall be limited to: 10 NOV 16 '98 12:32 TO- 15617751023 FROH- CHRISTIANSEN & DEHNER.PA T -440 P.12 F -663 (1) Annuity and We hannnne contracts with M insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the Members in the Fund shall be entitled under the provisions of ±his System and pay the initial and subsequent premium thereon. (2) Time or savings accounts of a national bank, a state bank or a savings/building and bait association insured by the Federal Deposit Insurance Corporation. • (3) Obligations of the United States or obligations guaranteed as to principal and interest by the government of the Un;W States. (4) Bonds issued by the State of Israel. (5) Stocks, commingled fiords administered by national or state banks, mutual funds and bonds or other evidences of indebted- ness. Except to the extent otherwise permitted by Chapter 175, Florida Stgttutes, all individually held securities and all securities in a commingled or mutual fund must be trued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia. No foreign invesmnts shall be permitted whether owned individually or in a commingled or mutual fund, except to the extent otherwise permitted by Chapter 175, Floc da Stalultes. C. The Board shall not invest more than five percent (5 fib) of its assets in the common stock, eapad stock, or convertible securities of any one issuing company, not shall the aggregate investment in any one issuing company exceed five percent (5 %) of the outstanding capital stock of that company; nor shall the aggregate of its investments in common stock, capital stock and convertible securities at cost exceed sixty -five percent (65 %) of the assets of the Fund. 11 NOV 16 '98 12:32 TO- 15617751023 FROH - CHRISTIANSEN & OEHNER,PA T -440 P.13/59 F -663 A The Board may retain in Bch and keep unproductive of income such amount of the Fund as it may deem advisable, having regard for the cash requirements of the System. B. The Roard may cause any investment in securities held by it to be registered in or transferred into its name as Trustee or into the name of such nominee as it may direct, or it may retain them Unregistered and in form permitting transferability, but the books and records shaft at all times show that all investments are part of the Fund. F. The Board is empowered, but is not required, to vote upon any stocks, bonds, or securities of any corporation, association, or trust and to give general or specific ,proxies or power$ of attorney with or without power of substitution; to participate in mergers, reorgan»Ations, r+ecapitaliza- tions, consolidations, and similar transactions with respect to such semities; to deposit such stock or other securities in any voting trust or any protective or like committee with the Trustees or with depositories designated thereby; to amortize or fail to amortize any part or all of the premium or discount resulting from the acquisition or disposition of assets; and generally to exercise any of the powers of an owner with respect to stocks, bomb, or other investments comprising the Fund which it may deem to be to the best interest of the Fund to exercise. G. The Board ARR not be required to make any inventory or appraisal or report to any court, nor to secure any order of court for the exercise of any power contained herein. H. Where any action which the Board is required to take or any duty or function which it is required to perform either under the terms herein or under the general law applicable to it as Trustee under thin orAirmwe, can reasonably be taken or performed only after receipt by it from a Member, tha City, or any otter entity, of specific information, certifiea- 12 NOV 16 '98 12:32 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P.14/59 F -663 tion, direction or instructions, the Board shall be free of liability in failing to t" such action or perform such duty or function until such information, cerhifimfion, direction or instruction has been received by it. I. Any overpayments or underpayments from the Fund to a Member, Retiree or Beneficiary caused by errors of computation shall be adjusted with interest at a rate per annum approved by the Board in such a mariner that the Actuarial Equivalent of the benefit to which the Member, Retiree or Beneficiary was correctly entitled to, shall be paid. Overpayments shall be charged against payments next succeciling the correction or collected in another mariner if prudent. Underpayments shall be made up from the Fund in a prudent manner. J. The Board shall sustain no liability whatsoever for the sufficiency of the Fund to meet the payments and benefits herein provided for. K. In any application to or proceeding or action in the courts, only the Board shall be a necessary party, and no Member or other person having an interest in the Fund shall be entitled to any notice or service of process. Any judgment entered in such a proceeding or action shall be conclusive upon all persons. L. Any of the foregoing powers and functions reposed in the Board may be performed or carried out by the Board through duly authorized agents, provided that the Board at alt times maintains continuous supervision over the acts of any such agent, provided further, that legal title to said Fund shall always remain in the Board. See, 38-55. CONTRMIMONIq. 1. Member Contributionx. A. Amtamt. Each Member of the System shall be required to make regn!— contn'buttons to the Fund in the amount of six percent (6 %) of his Salary. 13 NOV 16 '98 12:33 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.15l59 F -663 Member contributions withheld by the City on behalf of the Member sbAtt be depoLzita?d with the Board at least monthly. The contributions made by each Member to the Fund shall be designated as employer contributions pursuant to §414(h) of the Code. Such designation is contingent upon the contributions being excluded from the Members' gross income for Federal Income Tax purposes. For all other purposes of the System, such contributions shall be. considered to be Member contributiom. B. Method• Such contributions shall be made by payroll deduction. 2. State Cont6butions. Any monies received or receivable by ream of laws of the State of Florida, for the express purpose of Awding and paying for retirement benefits for Firefighters of the City shall be deposited in the, Fund comprising g part of this System immediately and under no circumstances more than five (5) days after receipt by the City. State monies shaA be allocated to Member Agra accounts puissant to Section 38,79. 3. City Contributions. So Ions as this System is in effect, the City shall make quarterly contributions to the Fund in an amount equal to the difference in each year, between the total aggregate Member contributions for the year and the total cost for the year, as shown by the most recent actuarial valuation of the System. The total cost for any year shall be defined as the total norniai cost plus the additional amount su#icient to amortize the unfunded past service liability over a thirty (30) year period, commencing with the fiscal year in which the Effective Date of this System occurs. 4. Qom. Private dart om, gifts and contr1utions may be deposited to the Fund, but such deposits must be accounted for separately and kept on a segregated bookkeeping basis. Funds arising from these sources may be used only for additional benefits for Members, as 14 NOY 16 '98 12;33 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P.16/59 F -663 determined by the Board, and may not be used to reduce what would have otherwise been required City eotift butions. See. 38-56. BENRFYT AMOUNTS AND RUCURTF TrY, 1. Normal Retirement bate, A Member's normal retirement date shall be the first day of the month coincident with, or next following atrainment of age fitly -two (52) and the completion of ten (10) years of Credited Service or upon completion of twenty-five (25) years of Credited Service, regardless of age, A Member may retire on his normal retiremeat date or on the rust day of any month thereafter, and each Member shall become 100 % vested in his accrued benefit on the Member's nomml. retirement date. Normal retirement under the System is Retirement from employment with the City on or after the normal retirement date. 2. Normal Retirement Benefit, A Member rehnng hereunder on or after his normal retirement date shall receive a monthly benefit which shall commence on the first day of the month next following his Retirement and be contimied dtereafter curing Member's likdma, ceasing upon death, but with Oft hundred twenty ( 120) monthly payments guaranteed in any event. The monthly retirement benefit shall equal two and seventy -five hundredths percent (2.75 9i;) of Average Final Compertsahon, for each year of Credited Service, provided however, that the benefit shall not exceed seventy -five percent (75 %) of Average Final Compensation but shall, in any event, average at least two percent (2 %) for each year of Credited Service. 3. Rarlv_Retirement.Iinrp, A Member may retire on his early retirement date which drill be the fast day Of any month coincident with or next following the attainment of age fifty (50) and the completion of ten (10) years of Credited Service. Early retirement under the System is Retirement from employment with the City on or after the early retirement date and prior to the normal retirement date. 15 NOV 16 '98 12:33 TO- 15617751023 FROH- CHRISTIANSEN & DEHNE N T -440 P.17/59 F -663 4. Early Retirement Renefit, A member retiring hereunder on his early retirement date may receive either a deferred or an immediate monthly retirement benefit payable in the same form as for normal retirement as follows: A. A. deferred monthly retirement benefit which shall commence on the first day of the month following attainment of age fifty -two (52) and on the first day of each month thereafter. The amount of each such deferred monthly tedrement benefit shall be determined m the same manner as for retirement on his normal Mircumt date except that Credited Service and Average Final Compensation shalt be determined as of his early retirement date; or B. An immediate monthly retirement benefit which shaLU commence on his early retirement date and shall be continued on the first day of each month thereafter. The benefit payable slraA be as determined in Paragraph A above, which is reduced by three percent (3 %) for each year by which the cent of benefits precedes age fift•two (52). Sec. 3$-57- PRP RETrRV..MFW DEATH, 1. Prior to Vestinp or Rlipfbility for Retirement, The Beneficiary of a deceased Member who was not receiving monthly benefits or who was not yet parha?ly or fully vested or eligible for early or normal retirement shall receive a refund of one-hundred percent (100%) of the Member's Accumulated Contributions. 2. Deceased Members Vested or Elieible for Redremert, ire Beneficiary of any Member who dies and who, at the date of his death was partially or fully vested or eligible for early or normal retirement, shall be entitled to a benefit as follows: A. If the Member was parnAlty or fully vested, but had not ath!i!ned at least age fifty (50), the Beneficiary shall receive a benefit payable for ten years, beginning on the date that the deceased Member would have 16 NOV 16 '98 12:34 T0- 15617751023 FROH- CHRISTIAHSEH & DEHHER,PA T -440 P. 18/59 f -663 attained age fifty -two (52) for a normal retirement benefit or age fifty (50) for an eady retirement benefit, at the option of the Beneficiary. The benefit shall be calculated as for nk meal retirement based on the deceased Member's Credited Service, Average Final Compensation and vested percentage as of the date of his death and reduced as for early retirement, if applicable. The Beneficiary may also elect to receive an immedintm benefit, payable for ten years, which is actuarially reduced to reflect the commencement of benefits prior to age fifty (5U). B. If the deceased Member was eligible for normal (age fifty -two (52)) or early (age fifty (50)) retirement, the BeneSciary shall receive a benefit payable for ten years, beginning on the first, day of the month following the Member's death or at the date the Member would have attained age fifty -two (52), at the option of the Beneficiary. The benefit shall be calculated as for normal retirement based on the deceased Member's Credited Service and Average Final Compensation as of the date of his death and reduced as for early retirement, if applicable. C. A Beneficiary may not elect an optional form of benefit, however, the Board may elect to make a hung sum payment pursuant to Section 38-M, subsection 7. D. A BeneficiM may, in lieu of any benefit provided for in A or B above, elect to receive a refund of the deceased Member's Accumulated Contributions. Sec. 38 -58.. DTSABn.Tff, l . Disahility -Aenet'ita In -Line Of Duty, Any Member who shall become totally and permanently disabled to the extent that he is unable, by reason of a medically determinable physical or mental impairment, to mender useful and effiriPnt service as a Firefighter, which disability was directly cstused by the performance of his duty as a Firefighter, shall, upon establishing the same to the satisfaction 17 NOV 16 '98 12:34 TO- 15617751023 FROM- CHRISTIANSEN 8 DEHNER,PA T -440 P.19l59 F -663 of the Board, be entitled to a monthly pension equal to sixty percent (60%) of the Average Final Compensation of the Member. Terminated persons, either vested or non-vested, are not eligible for disability benefits, except that those terminate by the City for medical reasons may apply for a dip-ahu7ity within thirty (30) days after termination. 2. In44ne of Duty Presum»trona, A. 1!r=mjW1M. Any condition or impairment of health of a Member caused by hypertension or heart disease shall be presumed to have been suffered in line of duty unless the contrary is shown by, competent evidence, provided that such Member shall have successfully passed a physical exminadnn upon entering into such service, including cardio- gram, wh;dh examination fiRP -A to reveal any evidence of such condition; and provided farther, that such presumption shall not apply to benefits payable or granted in a policy of life fi u -ance or disability insurance. B. Additional Premmndon, The presumption provided for in this subparts graph B. shall apply only to those conditions described in this subpara- graph B. that are diagnosed on or after January 1, 1996. (1) IMnitinm. As used in ibis subsection 2.B., the following definitions apply: (a) ~Body fluids" means blood and body fluids containing visible blood and other body finids to which universal precautions for prevention of occupational transmission of blood -borne pathogens, as established by the Centers for Disease Control, apply. . For purposes of potential tranmissim of meningococcal meningitis or tuberculosis, the term -body fluids" includes respirntory, salivary, and sinus fluids. including droplets, sputum, and saliva, mucous. and other fluids through which infectious airborne organis±ns can be transmitted between persons. is NOV 16 '98 12:34 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA I T -440 P.20/59 F -663 (b) "bnergeney rescue or public safety Member" means any Member employed full time by the City as a firefighter, paramedic, emergency medical technician, law enforce- went officer, or correctional officer who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis, or tuberculosis and who is not employed elsewhere in a similar capacity. However, the term "emergency rescue or public safety Member" does not include any person employed by a public hospital licensed under Chapter 395, Florida Stau , or any person employed by a subsidiary thereof. (c) "Hepatitis" means hepatitis A, hepatitis B, hop lifir. non-A, hepatitis *uwrB, hepatitis C, or any other strain of hepatitis generally recogrn7Ad by the medical community. (d) "High risk of occupational exposure" means that risk that is incurred because a person subject to the provisions of this subsection, in performing the basic duties associated with his employment: i. Provides emergency medical treatment in a non - health -cue setting where there is a potential for transfer of body fluid$ between persons; ii. At the site of an accident, fire, or other rescue or public safety operation, or in an emergency rescue or public safety vehicle, handles body fluids in or out of containers or works with or otherw= batAes needles or other sbarp instruments exposed to body Quids; 19 NOV 16 '98 12;34 TO-15617751023 FROM- CHRISTIANSEN & DEHNER.PA T -440 P.21/59 F -663 iii. Engages in the pursuit, apprehension, and arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body ffiiirla, or Iv. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other crim -inal detention facility, whits, on wo* dab& outside the facility, or while tieing transported and, in perfoisirAng such duties, may be exposed to body fluids. (e) "Occupational exposure," in the can of hepatitis, meningococc al. ;meningitis, or tuberculosis, means an exposure that occurs during the perfomm= of job duties that may place a worker at risk of infection. (2) EmsuYn dim. Any emergency rescue or public safety Member who suflers a condition or impairment of health that is caused by hepatitis, nmingococcal meningitis, or tuberculosis, that requires medical treatment, and that results in total or partial disability or death shill be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the Member must, by written affidavit as provided in Section 92.50, Plarida Stabttes, verify by written declaration that:, to the best of his knowledge and belief-. (a) In the case of a medical condition caused by or derived from hepatitis, he Mg not L Been exposed, through tr 40kr of bodily fluids, to any person known to have sickness or medical 20 NOV 16 '98 12;35 TO- 15617751023 FROM- CHRISTIANSEN 8 DEHNER,PA T -440 P.22/59 F -663 !J conditions derived from hepatitis, oumde the scope of his employment; R. Had a transfusion of blood or blood components, other than a transfiWon arising out of an accident or injury happening in connection with his present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical testa for hepatitis, which testa failed to indicate the presence of hepatitis; W. Engaged in unsafe sexual practices or other high. risk behavior, as identified by the Centers for Disease Control or the Surgeon General of the United States or had sexual relations with a person known to him to have engaged in such unsafe sexual practices or other high -risk behavior; or iv. Used intravenous drugs not prescribed by a physician. (b) In the case of meningocoecal meningitis, in the 10 days immediately preceding diagnosis he was not exposed, outside the scope of his employment, to any person known to have meningocoecal meningitis or known to be an asymptomatic carrier of the disease. (c) In the case of tuberculosis, in the period of time since the Member's last negative tuberculosis skin test, he has not been exposed. outside the scope of his employment, to any person known by him to have tuberculosis. (3) IM=nization. Whenever any standard, medically recognized vaccine or other form of imumi" lion or prophylaxis exists for 21 NOV 16 '98 12:35 TO- 15617751023 FROH - CHRISTIANSEN & DEHNER,PA T -440 P,23/59 F -663 the prevention of a communicable disease for which a presump- tion is granted under this section, if medically indicated in the given circumstances pura'Ant to immttttixation policies established by the Advisory Committee on Immunization Practices of the U.S. Public Health Service, an emergency rescue or public safety Member may be required by the City to undergo the immunization or prophylaxis unless the Member's physician determines in writing that the iriui7unizattion or other prophylaxis would pose a significant risk to the Member's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety Member to undergo such immunization or prophylaxis disqualifies the Member from the benefits of the presumption. (4) Record of Exmsurc%. The City shall maintain a record of any .known or reasonably suspected exposure of an emergency rescue or public safety Meng in its employ to the disease described in this section and shall immediately notify the Member. of such exposure. An emergency rescue or public safety Member shall Me an incident or accident report with the City of each instants of known or suspected occupational exposure to hepa?inA infection, meningococcal meningitis, or tuberculosis. (5) Required medical tester pwtvm nlnvment nikynimi. In order to be entitled to the presumption provided by this section: (a) An emergency rescue or public °safety Member must, prior to diagnosis, have undergone sumdard, medically accept- able tests for evidence of the communicable disease for which the presumption is sought, or evidence of medical conditions derived therefrom, which tests fail to indicate 22 NOV 16 '98 12 :35 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.24/59 F -663 I the presence of infection. This paragraph does not apply in the case of meningococc al meningitis. (b) On or aftr June IS, 1995, an emergency rescue or public safety Member may be required to undergo a preemployment physical examination that tests for and faile to reveal any evidence of hepatitis or tuberculosis. 3. Disability Benefits Not-in-Line of Dutv Any Member with ten (10) years or more Credited Service who shall become totally and permanently disabled to the extent that he is unable, by reason of a me&eally deter- minable physical or mental impairment, to render useful and efficient service as a Firefighter, which disability is not directly caused by the performance of his duties as a Firefighter shall, upon establishing the same to the satisfaction of the Board, be entitled to a monthly pension equal to two and five tenths percent (2.5 %) of his Average Final Compensation multiplied by the total years of Credited Service, but in any event, the maximum amount paid to the Member shall be fifty percent (50%) of his Average Final Compensation, Terminated persons, either vested or non- vested, are not eligible for disability benefits, except that those terminated by the City for medical reasons may apply for a disability within thirty (30) days aW termination. 4. j.DisaualiNinv Disability Benefits, Each Member who is claiming disability benefits shall establiQH, to the satisfaction of the Board, that such disability was uM occasioned primarily by: A. Excessive or habitual use of any drugs, intoxicants or alcohol. B. Injury or disease sus!nirwA while willfully and illegally participating in fights, riots or civil insurrections. C. Injury or disease sustained while committing a crime. I). Injury or disease sustained while serving in any branch of the Armed Fords. E. Nury or disease sustained after his employment as a Firefighter with the City of Patin Beach Gardens shall have terminated. 23 NOV 16 '98 12:35 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.25159 F -663 F. Willful, wanton or intentional misconduct or gross negligence of the Member. G. Injury or disease sustained by the Member while working for anyone other than the City and arising out of such employment. H. A condition pro-existing the F vfighter's membership in the System. No Member shall be entitled to a disability pens;m, whether in line of duty or not in line of duty, because of or due to the aggravation of a specific injury, impairment or other medical condition pre - existing at the time of membership in the System, provided that such pre - existing condition and its relationship to a later injury, impairment or other medical condition be established by competent substantial evidence. Notting herein shall be eonftW to preclude a disability pension to a Member who, after membership in the System, suffers an injury, impairment or other medical condition dOem t from some other injury, impairment, or other medical condition existing at or prior to said membership, 5. Phvsical Examination Renuirement, A Member dWl not become eligible for disability benefits until and unless he undergoes a physical examination by a qualified physician or physicians and/or surgeon or surgeons, who shall be selected by the Board for that purpose. The Board shall not select the Member's treating physician or surgeon for this purpose except in an unusual case where the Board determ nea that it would be reasonable and prudent to do so. Any Retiree receiving disability benefits under provisions of tftia ordinance may be periodically re- examined by a qualified physician or physicians and /or surgeon or surgeons who shall be selected by the Board, to determine if such disability has ceased to exist, if the Board finds that the Retiree is no longer permanently and totally disabled to the extent that he is unable to render useful and efficient service as a Firefighter, the Board sbati recommend to Me City that the Retiree be returned to performance of duty as a Firefighter, and the Retiree so returned dual enjoy the same rights that he had at the time he was placed upon pension. In 24 NOV 16 '98 12:36 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,26/59 F -663 the event the Retiree so ordered to return shaft refuse to comply with the order within thiny (30) days from the issuance thereof, he sl±All forfeit the right to his pension. The cost of the physical examination and/or re- examination of the Member claiming or the Retiree receiving disability benefits shall be borne by the Fund. All other reasonable costs as determined by the Board incident to the physical examination, such as, but not limited to, transportation, meals and hotel accommodations, shall be borne by the Fund. U the Retiree recovers from disability and reenters the service of the City as a Firefighter. his service will be deemed to have peen continuous, but the period beginning with the first month for which he received a disability retirement income payment and ending with the date he reentered the service of the City will not be considered as Credited Service for the purposes of the System. The Board shall have the power and authority to make the final decisions regarding all disability claims. ti. Disabilitv Pavmrmm The monthly benefit to which a Member is entitled in the event of the Member's dimmh ity retirement shall be payable on the first day of the first month after the Board deter- mines such entitlement. However, the monthly retirement income Qha11_ be payable as of the date the Board determined such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be: A. If the Retiree recovers from the disability prior to his normal retirement date, the payment due next preceding the date of such recovery, or B. 9 die Retiree dies without recovering from disability or attains his normal retirement date while still disabled, the payment due next preceding his death or the 120th monthly payment, whichever is later. 7. Benefit Offf=. When a Retiree is receiving a disability pension, federal scf9t security benefws and workers' compensation benefits pursuant to Florida Statnte Chapter 440, for the game dis- ability, and the total monthly benefits received from all three (3) sources combined exceed one 25 NOV 16 '98 12:36 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P.27/59 F -663 hundred percent (100%) of the Member's average monthly wage, as defined in Chapter 440, Florida Stages, the disability pepsion benefit shall be reduced so that the total monthly amount received by the Retiree from all three (3) combined does not exceed one hundred percent (100%) of such wage. The amount of any hemp sum workers' compensation payment shall be converted to an equivalent monthly benefit payable for ten (10) Yeats Certain by dividing the lump sum amount by 83.9692. This subsection 7 shall only be applicable to the extent it does not violate the muunu m requirements of Chapter 175, Florida Sjab tom, as amended from time to time. Sec. 39-59. VLSTMG. If a Member terminates his errTloyment with the City, either voluntarily or by disc'Mrge, and is not eligible for any other benefits under this System, the Member shall be entitled to the following. 1. If the Member has less than five (5) years Credited Service upon termination, the Member shall be enhrlAd to a refund of his Accumulated Contributions or the Member may leave it deposited with the Fund. 2. If a Member has five (5) or more years of Credited Service, he will be entitled to a monthly retirement income to commence at age fifty-two (52), provided his Accumulated Contributions remain in the System. If the Member so requests in writing, filed with the Board, payment may commence on the first day of any month on or after the date on which the Member attains age fifty (50). Such monthly retirement income payable to a Member under the provisions of this subsection 2 shall be equal to the product of the Member's vested percentage at the date of his termination of service as provided in subsection 3 and the accrixed benefit which he has accrued to the date of his termination of service. If the monthly retirement income is to commence on or after the date on which the Member attains age fifty (50), but prior to the attainment of age fifty -two (52), the benefit in thi-a subsection shall be reduced as for early retirement. If dhe Member does not wididraw his Acaw- !,%tn -d Contributions and does not survive to age Mky (50), his designated Beneficiary shall be entitled NOV 16 '98 12:36 TO- 15617751023 FROH- CHRISTIANSEN & DEHNER,PA T -440 P,28/59 F -663 to a benefit as provided herein for a deceased Member, vested or eligible for retirement under Pre Retirement Death. 3. Except as otherwise provided herein, each Member not otherwise fully vested shall have a minimum vested interest in the amount of his accrued benefit equal to the percentage thereof, as hereinafter indicated, applicable to the number of his years of Credited Service: Years of Credited Service Less than 5 yean 5 years but less than 6 6 years but less than 7 7 years but Ieas than 8 8 years but less than 9 9 ears but less than 10 10 years or more Vested Percentage 25 40 55 70 85 too Provided, however, a Member who meets the early retirement provisions or the normid retirement provisions shall be one hundred percent (100%) vested regardless of the above schedule. Each Member shall at all times and in all events have a fully vested interest in his Accumulated Contribution, No Member's vested interest is to be reduced as a result'of any amendment to this section; however, any increase in a Member's vested interest will be determined by the vesting schedule in effect at the time of his separation from service. Sec. 3960. OPTIONAL FORMS OF BENEFITS, I . In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified herein, a Member; upon written request to the Board, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options: A. A retirement income of a monthly amount payabla to the Member for his lifetime only. B. A retirement income of a modified monWy amount, payable to the Member during the IAPOm of the Member and following the death of the Member, 100%, 75%, 66 25% or 50% of such monthly amount payable 27 NOV 16 '98 12:37 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P.29f59 F -663 to a joint pensioner for his lifetime. Except where the Retiree's joint pensioner is his spouse, the present value of payments to the Retiree shall not be less than fifty percent (50%) of the total present value of payments to the Retiree and his joint pensioner. C. If a IVlember retires prior to the i6ze at which social security benefits are payable, he may elect to receive an increased retirement benefit until such time as social security benefits shall be assumed to commence and a redumd benefit thereafter in order to provide, to as great an extent as passible, a more level retirement allowance during the entire period of Retirement. The amounts payable shall be as recommended by the actuaries for the System, based upon the social security law in effect at the time of the Member's Retirement. 2. The Member, upon electing any option of this Section, will designate the joint pensioner (subsection I.B. above) or Beneficiary (or Beneficiaries) to receive the benefit, if any, payable under the System in the event of the Member's death, and will have the power to change such designation from tithe to time. Such designation will name a jo-int pensioner or one or more primary Beneficiaries where applicable. If a Member has elected an option with a joint pensioner or Beneficiary and Member's retirement income benefits have commenced, Member may thereafter change his designated Beneficiary at anytime, but may only change his joint pensioner if the desi joint pensioner and the Member were married at the time of Member's Retirement and are divorced subsequent thereto and the joint pensioner is alive at the time of the change. 3. The consent of a Member's or Retiree's joint pensioner or Beneficiary to any such change shkIt_ not be required. The rights of all previously - designated Beneficiaries to receive benefits under the system shall thereupon cease. 4. Upon change of a Retiree's Beneficiary or joint pensioner in accordance with this Section, the amount of the retirement income payable to the Retiree shall be actuarially determined to take into account the age and sex of the former joint pensioner, the new joint 28 NOV 16 '98 12 :37 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,30/59 F -663 pensioner and the Retiree. Any such Retiree shall pay the actuarial recalculation expenses. Each request for a change will be made in writing on a form prepared by the Board and on completion will be filed with the Board. In the event that no designated Beneficiary survives the Retiree, such benefits as are payable in the event of the death of the Retiree subsequent to his Retirement shall be paid as provided in Section 38-61. 5. Retirement income payments shall be made under the option elected in accordance with the provWrm of this Section and shall be subject to the following limitations: A. If a Member dies prior to his normal retirement date or early m iremant date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under Section 38 -57. B. If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before the Member's Retirement under the System, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the Member upon his Retirement as if the election had not been made, unless a new elections is made in accor- dance with the provisions of this Section or a new Beneficiary is designated by the Member prior to his Retirement. C. If both the Retiree and the Beneficiary (or Beneficiaries) designated by Member or Retiree die before the full payment has been effectod under any option providing for payments for a period certm and life thereafter, made pursuant to the provisions of subsection 1, the Board may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with Section 38 -61. D. If a Member continues beyond his nornval retirement date pursuant to the Provisions of Section 38-56, subsection 1, and dies prior to his actual retirement and whsle an option insult- pursuant to the provisions of this Section is in effect, montfily retirement income payments will be made, 29 NOV 16 '98 12:37 TO- 15617751023 FROH- CHRISTIANSEN & DEHNER,PA T -440 P.31/59 F -663 or a retirement benefit will be paid, under the option to a Beneficiary (or Beneficiaries) desigimte-d by the Member in the amount or amounts computed as if the Member had retired under the option on the date on which his death occurred. 6. A Retiree may not change his retirement option after the date of cashing or depositing his first retirement check, 7. Notwithstanding anything herein to the contrary, lice Board in its discretion, may elect to make a lump sum payment to a Member or a Member's Beneficiary in the event that the total commuted value of the remaining monthly income payments to be paid do not exceed Five Thousand Dollars ($5, 000.00). Any such payment made to any person pursuant to the power and discretion conferred upon the Board by the preceding sentence shall operate as a complete discharge of all obligations under the System with regard to such Member and sbal_l not be subject to review by anyone, but shah be final, binding and conclusive on all persons. See. 3&61. REATyM'FICIARTES, I . Each Member or Retiree may, on a form provided for that purpose, signed and filed with the Board, designate a Beneficiary (or Beneficiaries) to receive the benefit, if any, which may be payable in the event of his death. Each designation may be revoked or changed by such Member or Retiree by signing and filing with the Board a new designation -of- beneficiary form. Upon such change, the rights of all previously designa!ed Beneficiaries to receive any benefits under the System shall cease. 2. If a deceased Member or Retiree failed to name a Beneficiary in the manner prescribed in subsection I, or if the Beneficiary (or Beneficiaries) named by a deceased Member or Retiree predeceased the Member or Retiree, the death benefit, if any, which may be payable under the System with respect to such deceased Member or Retires, shall be paid to the estate of the Member or Retiree. Sec. 3942, CLAIMS FR(]GFn1rTRFS. I, The Board shall establish administrative elaims procedures to be utilized in processing written requests ( "claims'), on matters which affect the substantial rights of any NOV 16 '98 12;38 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.32/59 F -663 person ( "Claimant "), including Members, Retirees, Beneficiaries, or any person affected by a denision of the Board. 2. The Board sbAti have the power to subpoena and require the attendance of witnesses and the production of documents for discovery prior to and at any proceedings provided for in the Board's claim s procedures. The Claimant may request in writing the issuance of subpoenas by the Board. A reasonable fee may be charged for the issuance of any subpoenas not to exceed the fees set forth in Florida Statutes. See. 38-63- REIPORIN TO DIVTSION OF RR'1' r..MR.W. Fnoh year and no later than March 15th, the Chairman of the Board shall file a report with the Division of Retirement containing the following; I . Whether in fact the City is in compliance with the provisions of Chapter 175, 2. A certified statement of accounting for the most recent fiscal year of the City (or an independent audit by a certified public accountant if required by the Divipinn of Retirement) showing a detailed listing of assets and methods used to value them and a statement of all income and disbursements during the year. Such income and disbursements shall be reconciled with the assets at the beginning and end of the year. 3. A m?isrical exhibit showing the number of Firefighters on the force of the City, the number included in the System, the number of Firefighters ineligible, classified according to the reasons for their being ineligible, and the number of Retirees and their Beneficiaries receiving pension payments and the amounts of annual retirement income or pension payments being received by them. 4. A statement of the amount the City has con»i to the Fund for the preceding Plan Year, and the amount the City will contribute to the Fund for the current Plan Year. 5. If any benefits are i mm3d with a commercial insurance eomiany, the report shall include a statement of the relationship of the insured benefits to the . benefits provided by this ordinanW. This report shall also contain information about the insurer, basis of premium rates, mortality table, interest rates and method used in valuing retirement benefits. 31 NOV 16 '98 12:38 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P,33/59 F -663 6. The actuarial valuation of the System as provided for in Section 38 -53. Such valuation shall be prepared by an enrolled actuary who is enrolled under Subtitle C of Title 3 of due Fmployee ittetirwAent Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Ads. Sec. 38-64. ROSTER OF RETIRIRPS. The Secretary of die Board shall keep a record of all persons enjoying a pension tinder the provisions of this ordinance in which it shall be noted the time when the pension is allowed and when the same shall cease to be paid. Additionally, the Secretary shall keep a record of AR Members in such a manner as to show the name, address, date of employment and date of termination of employment. Sec. 3$-65. BOARDATTORNRY AND PRO3FFSSIONALS. The Board may employ independent legal counsel at the System's expense for the puuposes contained herein, together with such other professional, teehnied, or other advisors as the Board deems necessary. Sec. 38-66_ PENSION. 1. $gsic T jmnathM. Subject to the adjush rents hereinafter set forth, the maximum amount of annual vetirement income payable with respect to a Member under this System shall not exceed $90,0- 00. For purposes of applying the above limitation, benefits payable in any form other than a straight ft annuity with no ancillary benefits shall be adjusted, as provided by Trea--ury Regulations, so that such benefits are the Actuarial Equivalent of a straight life annuity. For purposes of this Section, the following benefits shall not be taken into account: (1) Any ancillary benefit which is not directly related to retirement income benefits; (2) Any other benefit not required under §415(b)(2) of the Code and Regulations thereunder to be taken into account for purposes of the limitation of §415(b)(1) of the Code. 32 NOV 16 '98 12:38 TO- 15617751023 FROH - CHRISTIANSEN & DEHNER,PA T -440 P.34/59 F -663 2. Particination in Other Defined ]Benefit Plana, The limitation of this Section with respect to any Member who at any time has been a member in any other defined benefit plan (as defined in §4140) of the Code) maintained by the City sW apply as if the total benefits payable under all defined benefit plans in which the Member has been a member were payable from one plan. 3. Aduustments in Limitations, A. In the event the Member's retirement benefits became payable before age 62, the $90,000 limitation prescribed by think Section shall be reduced in accordance with Regulations issued by the Secretor of the Treasury pur- suant to the provisions of §415(6) of the Cade, but not less than $75,000, if the benefit begins at or after age fifty -five (55). In the event the Member's retirement benefit becomes payable before age fifty -five (55), the $75,000 limitation shall be reduced from age fifty -five (55) in accordance with Regulations issued by do Secretary of the Treasury pur- suant to the provisions of §415(b) of the Code. B. In the event the Member's benefit is based on at least fifteen (15) years of Credited Service, the adjustments provided for in A. above shall not apply. C. The reductions provided for in A. above shall not be applicable to disability benefits paid pursuant to Section 38-58, or pre - retirement death benefits paid pursuant to Section 38 -57. D. In the event the Member's retirement benefit becomes payable after age sixty -five (65), for purposes of determining whether this benefit meets the limitation set forth in subsection 1 herein, such benefit shall be adjusted so that it is actuarially equivalent to the benefit beginning at age sixty-five (65). This adjusoneatt shall be trarin using an as urned interest rate of five percent (5%) and shall be mAde in accordance with regulations promulgated by the Secretary of the Treasury or his delegate. 33 NOV 16 '98 12;39 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,35/59 F -663 4. Less than Ten Years of Servile. The maximum ratirm -m t benefits payable under this Section to my Member who has completed less than ten (10) years of Credited Service with the City shall be the amount dewnnined under subsection 1 of tats Section multiplied by a fraction, the numerator of which is the number of the Member's years of Credited Service and the denominator of which is ten (10). The reduction provided for in this subsection shall not be applicable to disability benefits Paid pursuant to Section 38 -58, or pre- ratirement death benefits paid pursuant to Section 38 -57. 5. -It In. Ow Um;t. Notwidwanding the foregoing, the retirement benefit payable with respect to a Member shall be deemed not to exceed the limitations act forth in this Section if the benefits payable, with respect to such Member under dds System and under all other qualified defined benefit pension plans to which the City contributes, do not exceed $10,000 for the applicable Plan Year and for any prior Plan Year and the City has not at any time maintained a gp:114 -4 defined contribution plan w which the Member participated. 6. Member, in Defined Contrihution Plan. In any am where a Member under this System is also a member in a "Defined Contribution Plan' as defined in 1414(1) of the Code, maintained by the City, the sum of the "Defined Benefit Plan Fraction" and Me "Defined Contribution Plan Fraction" troth as defined in §415(e) of tha Code) shall not, subject to the restrictions and exceptions contained in $2004 of the Act, exceed 1.0. This limitation is repealed effective January 1, 2000. 7. Reduction of benefits. Reduction of benefits and/or contributions to all plans, where required, shall he accomplished by first reducing the Member's benefit Wider any defined benefit nlam in which Member participated, such reductinn to be made first with respect to the plan in which Member most recently accrued benefits and thereafter in such priority as shall be determined by ilia Board and the plan administrator of such other plans, and next, by reducing or allocating excess forfeitures for defined contribution plans in which the Member participated, such reduction to be made first with respect to the plan in which Member most recently accrued Qj NOV 16 '98 12;39 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,36/59 F -663 benefits and thereafter in such priority as shall be estabii?thed by the Board and the plan ad- ministrator for such other plans provided, however, that necessary reductions may be made in a different mAnm and priority pursuant to the agreement of the Board and the plan adminis» trator of all other plans covering such Member. $. Cost- of- Livint Adinstmenta. The limitations as stated in subsections 1, 2, 3, and b herein shA11 be adjusted to the time payment of a benefit begins in accordance with any cost -of- living adjustments prescribed by the Secretary of the Treasury pursuant to f415(d) of the Co&, 9. Additional Lirnitatien on Pension Benefits, Notwithstanding anything herein to the contrary: A. The normal retirement benefit or pension payable to a Retires who becomes a Member of the System and who has not previously participated in web System, on or after Jarnmry 1, 19$0, shall not exceed 100 percent of his Average Final Compensation. However, nothing contained in this Section shall apply to supplemental retirement benefits or to pension increases attr-butable to cost-of-living increases or adjust meets. B. No Member of the System shall be Allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the Member is already receiving, or will receive in the future, a retirement benefit or penRinn from another retirement system or nta*r. This sestdictkm doses not apply to social security benefits or fedeml benefits under Chapter 67, Title 10, U.S. Code. See- 38-67- DISTRTRLrrION OF RFMMTS, Notwithstanding any other provision of this System to the conhW7, a form of retirement income payable from this System after the Bf%ctive D ate of this ordinance, shall satisfy the following conditions: 35 NOV 16 '98 12:39 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.37/59 F -663 I. If the retirement income is payable before the Member's death, A. It shall either be distributed or commence to the Member not later than April 1 of the calendar year following the %W of the calendar year in which the Member afting age 70-1/2, or the calendar year in which Member retires, B. IU distribution shall commence not later than the calendar year defined above; and a), shall be paid over the life of the Member or over the We- times of the Member and SM=, issue or dependent, or b), shall be paid over the period extending not beyond the life expectancy of the Member and Spouse, issue or dependent. Where a form of retirement incanhe payment has commenced in accordance with the preceding paragraphs and the Member dies before his entire interest m the System has been distributed, the tmaining portion of such interest in the System shall be distributed no less rapidly than under the form of distribution in effect at the time of the Member's death. 2. , If the Member's death occurs before the distrh'b Won of his interest in the System has commenced, Member's entire interest in the System shalt be distributed within five (S) Yews of Member's death, unless it is to be distributed in accordance with the following rules: A. The Member's mmaining interest in the System is payable to his Spouse, issue or dependent; B. The remaining interest is to be distributed over the life of the Spouse, issue or dependent or over a period not extending beyond the life expectancy of the Spouse, issue or dependent: And C. Such distribution begins within one year of the Member's death unless the Member's Spouse "receive the remaining interest in which case the distribution need not begin before the date on whirrh the Member would have a t fined age 70-1/2 and if the Spouse dies before the distribu- tine to the Spouse begins, this Section shall be applied as if the Spouse were the Member. 36 NOV 16 '98 12:39 TO- 15617751023 FROH- CHRISTIANSEN 8 DEHNER,PA T -440 P.38/59 F -663 Sec. 38 . MWELLANEOUS PROWSTON.9, 1, Interest of Mamhers in Swo em, At no time prior to the t±±is&rlion of all liabilities under the System with respect to Retirees and Members and their Spouses or Beneficiaries, shall any part of the corpus or income of the Fund be used for or diverted to any purpose other than for their exclusive benefit. 2. No Reduction of Acemed Benefits, No =endment or ordinance shall, be adopted by the City Council of the City of Palm Beach Gardens which shall have the effect of reducing the then vested accrued benefits of Members or a Member's Beneficiaries. 3. Onalification of System. It is intended that the System will constitow a qualified public pension plan under the applicable provisions of the Code, as now in effect or hereafter amended. Any modification or amendment of the System may be made retroactively, if necessary or appropriate, to qualify or maintain do System as a Plan meeting the requirements of the applicable provisions of the Code as now in effect or hereafter amended, or any other applicable provisions of the U.S. federal tax laws, as now in effect or hereafter amended or adopted, and the regulations issued thereunder. 4. Use of Forfeitures, forfeitures arising from terminations of service of Members shall serve only to reduce future City contributions, except as provided in Section 38 -79, subsection 5. See - _3&49. REPEAL OR TERI4MATION OF MNTFM, 1. This ordinance establishing the System and Fund, im subsequent ordimnees pertaining to said System and fund, may be modified, terminated, or amended, in whole or in part; provided that if this or any subsequent ordinance sh -n be amanded or repealed in its application to any person benefiting hereurJer, the amwnt of benefits which at the time of any such alteration, amendment., or repeal s1,Pn have accrued to the Member or Beneficiary shall 37 NOV 16 '98 12:40 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,39/59 F -663 not be affected thereby, except to the extent that the assets of the Fund may be determined to be inadequate. 2. If this oWinance shall. be repealed, or if contributions to the System are discontinued, the Board shall continue to adminiAter the System in accordance with the provisions of this ordinance, for the sole benefit of the then Members, any Beneficiaries then receiving retirement allowances, and any future persons entitled! to receive benefits under one of the options provided for in this ordinance who are designated by any of said Members. In the event of repeal, or if conufttions to the System 4w discontinued, there shall bo full vesting (100%) of benefits accrued to date of repeal and the assets of the System shall be allocated in an equitable manner to provide benefits on a proportionate basis to the persons so entitled in accordance with the provisions thereof. 3. The following shall be the order of priority for purposes of allocm ing the assets of the System other than the share accounts, as of the date of repeal of this ordinance, or if contributions to the System are discontinued with the date of such discontinuation being deter- mined by the Board. A. Apportiolmm shall first be made in respect of each Retiree receiving a retirement or disability benefit hereunder on such date, each person receiving a benefit on such date on account of a retired or dixRbkd (but since deceased) Member. and each Member who has. by such date, become eligible for normal retirement but has not yet retired, an amount which is the Actuarial Equivalent of such benefit, provided that, if such asset value be less than the aggregate of such amn unts, such amounts shall be proporhnnately reduced so that the aggregate of such reduced amounts will be equal to such asset value. B. If there be any asset value remaining slier the apportionment under paragraph A, apportionment shall next be made in respect of each Member in the service of the City on such dato who is vested and who is not eni;rlP-d to an apportionment under paragraph A, in the amount 38 NOV 16 '98 12:40 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.40/59 F -663 required to provide the Actuarial Equivalent of the vested portion of the accrued normal retirement benefit (hut not less than Accumulated Contributions), based on the Credited Service and Average Final Compensation as of such date, and each vested former Member then entitled to a deferred benefit who hm, not, by such date, begun receiving benefit payments, in the amount required to provide said Actuarial. Equivalent of the vested portion of the accrued normal retirement benefit (but not less than Accumulated Contributions), provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such latter amcwo xN41 be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. C. If there be any asset value alter the apportionments under paragraphs A and B, apportionment shall be made in respect of each Member in the service of the City on such date who is not entitled to an apportionment. under paragraphs A and B in the amount equal to Member's Accumu- lated Contributions, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder such latter amount shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value. D. if there be any asset value remaining after the apportionments under paragraphs A, B. and C, apportionment shall lastly be made in respect of each Member included in paragraph C above to the extent of the Actn4al Equivalent of the non - vested accrued normal retirement benefit, less the amount apportioned in paragraph C, based on the Credited Service and Average Final Commper_"finn as of such date, provided that, if such remaining asset value be less than the aggregate of the amounts apportioned hereunder, such amounts shall be reduced so that the 39 NOV 16 '98 12:40 TO- 15617751023 FROH- CHRISTIANSEN & DEHNER,PA T -440 P,41/59 F -663 aggregate of such reduced amounts will be equal to such remaining asset value. 8. In the event that there be asset value remaining after tho lull apportion- ment specified in paragraphs A, B, C, and D, such excess shall be returned to the City, provided that, if the excess is less than the total contributions made by the City to the date of termination such excess shall be paid to the City. F. Share accounts sf-d! become one hundred percent (100%)'vested upon termination of the System. The allocation of the Fund provided for in this subsection may, as decided by the Board, be carried out through the purchase of insurance company contracts to provide thts benefits determined in accordance with this subsection. The Fund may be distributed in one sum to the persons entitled to said benefits or the distribution may be carried out in such other equitable manner as the Board may direct. The Fund may be continued in existence for purposes of subsequent distributions. If, at any time during the first ten (10) years after the effective date of the ordinance originally establishing this System, the System shall be terminated or the full current costs of the System shall not have been met, anything in the System to the contrary not- withstanding, City contributions which may be used for the benefit of any one of the twenty - five (25) highest paid Members on the effective date, whose anticipated annual retirement allowance provided by the City's contributions at Member's normal retirement elate would exceed $1,500, shall not exceed the greater of either a) $20,000, or b), an amount computed by multiplying the smaller of $10,000 or twenty percent (20%) of such Member's average anmzal earnings during his last five (5) years of service by the twmher of years of service since the e5wAve date, In the event that it sehill hereafter be determined by statute, court decision, ruling by the Commissioner of Internal Revenue, or otherwise, that the provisions of this paragraph are not then necessary to qualify the System under the Code, this paragraph Iahalt be im— ffective without the necessity of finther amendment of this ordinance. 0 NOV 16 '98 12:41 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P.42/59 F -663 4. After all the vested and accrued benefits provided hereunder have been paid and after all other liabilities have been satisfied, then and only then shaft any remaining funds revert to the general fund of the City. Sep. 38-70. EWMP'i'ION FROM EXECMON. NON- ASSIGNABn 1TY, Except as otherwise provided by law, the pensions, annuities, or any other benefits acc ued or ac= kg to any person under the provisions of this ordinance and the Accumulated Contributions and the cash securities in the Fund created under this ordinance are hereby exempted from any state, county or municipal tax and shall not be subject to execution, attachment, garnishment or any legal process whatsoever and shall be unassignable. See. 38-71. PENSION VAT.Mrff. The Board shall have the power to examine into the facts upon which any pension shall heretofore have been granted under any prior or existing law, or sImll hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The Board is empowered to purge the pension rolls or correct the pension amount of any person heretofore granted a pension under prior or existing law or any person hereafter granted a pension under this ordinance if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any person who has heretofore under any prior or existing law been or who shall hereafter under this ordinance be erroneously, improperly or illegally classified. Any overpayments or underpayn=ts shall be corrected and paid or repaid m a reasonable irn -vier determined by the Hoard. See.18 -72. FORFEIT[MP OF PENSTnT . 1. Any Member who is convicted of the following offenses committed prior to Retirement, or whose employment is terminated by reason of his admitted commission, aid or abetment of the following specified offenses, shall forfeit all rights and benefits under this System, except for the return of his Accumulated Contributions as of the date of termination. Specified offenses are as follows: 41 NOV 16 '98 12;41 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.43/59 F -663 A• The committing, aiding or abetting of an embezzlement of public funds; B. The committing, aiding or abetting of any theft by a public officer or employee from employer; C. Bribery in connection with the employment of a public officer or employee; D. Any felony specified in Chapter 838, Fladda Stab', E. The committing of an impeachable offense. F. The committins of any felony by a publio officer or employee who willfully and with intent to defraud the public or the public agency, for which he acts or in which he is employed, of the right to receive the faithful performance of his duty as a public officer or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for himself or for some other person through the use or a± —mpted use of the power, rights, privileges, duties or position of hig public office or employment position. 2. Conviction shall be defined as an adjudication of guilt by a court of competent jurisdiction; a plea of guilty or a nolo contenders; a jury verdict of guilty when adjudication of guilt is withheld and the accused is placed on probation; or a conviction by the Senate of an impeachable offense. 3. Court shall be defined as any state or federal court of competent jurisdiction which is exercising its jurisdiction to consider a proceeding involving the alleged commission of a specified ofenw. prior to forfeiture. the Board shall hold a hearing on which notice shall be given to the Member whose befits are being conct&-red for forfeiture. Said Member shall be afforded the right to have an ntm— ey present. No formal rules of evidence shall apply, but the Member shall be afforded a full opporkmity to present his case against forfeiture. 4. Any Member who has received benef is from the System in exem of his Acct=ulatad Conb%udons after Member's rights were forfeited shall be required to pay back 42 NOV 16 '98 12;41 TO- 15617751023 FROH- CHRISTIANSEN & DEHNER,PA T -440 P.44/59 F -663 to the Fund the amount of the benefits received in excess of his Accumulated ContrJutions. The Board may implement all legal action necessary to recover such funds. Sec. 311-73. YNDEMNMCATION, 1. To the extent not covered by insurance contracts in force from tines to time, the City shalt indemnify, defend and hold harmless members of the Board from all personal liability for damages and costs, including court costs and attorneys' fees, arising out of claims, suits, litigation, or threat of same, herein referred to as "claims", against these individuals bec au.m of acts or ckannsWuoaq connected with or arising out of their official duty as members of the Board. The City reserves the right, in its sole discretion, to settle or not settle the claim at any time, and to appeal or to not appeal from any adverse judgment or ruling, and in either event will indemnify, defend and hold harmless any members of the Board from the judgment, execution, or levy thereon. 2. This Section shall not be construed so as to relieve any insurance company or other entity liable to defend the claim or liable for payment of the judgment or claim, from any liability, nor does this Section waive any provision of law affording. the City immunity from any suit in whole or part, or waive any other substantive or procedural rights the City may have. 3. This Section shall not apply nor shall the City be responfiible in any manner to defend or pay for claims arising out of acts or omimions of members of the Board which are committed in bad faith with malicious purpose or are willful violations of any federal, state or local law, or which are dishonest, intentionally fraudulent, criminal or malicious or which constitute malfeasance or misfeasance in office. 4. The indennnification provided for in this Section shalt apply null+ in the event th -t the Board of Trustees maintains fiduciary liability insurance with coverage is an amount of at least one million dollars or higher as deemed appropr'_At-+ by the City. The City shall pay the waiver of recourse coverage premium for such coverage. 43 NOV 16 '98 12;42 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T-440 P.45/59 F -663 Sec. 38-74. DMECT TRANSFERS OF FT TGIB'F F' ROTT OVER riY�rleTttUi•iOhTS, -- 1. General. Thip Section applies to distribution made on or after January 1, 1993. Notwithstanding any provision of the System to the contrary that would otherwise limit a distrybutee's election under this Section, a dishbutm may elect, at the time and in the manner Ptt-scribal by the Board, to have any portion of an eli&lc rollover distribution paid dimcdy to an eligible retirement plan Wmiftcd by the distributes in a direct rollover. 2. A. Eligible Rallaver Distribution: An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the distn'butee, except that an eligible rollover distribution does not include: any distrbution that is one of a series of substantially equal periodic payments (not less frequen0y than annually) made for the life (or life expectancy) of the di* butee or the joint lives (or joint life expectancies) of the distrtbutee and the distrsbutee's designated Beneficiary, or for a spec± ed period of ten years or more; any distribution to the extent such distribution is required under section 401($)(9) of the Code; and the portion of any distribution that is not includible in gross income. B. Eligible Retirement Plan: An eligible retirement plan is an individual zetimment account descried in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, an annuity plan described in section 403(x) of the Code, or a qualified trust described in section 401(x) of the Code, that accepts the distributee's eligible rollover distribution. However, in the cam of an eligible rollover distribution to the surviving Spouse, an eligible retirement plan is an individual retirement account or individual redreement annuity. NOV 16 '98 12:42 TO- 15617751023 FROH- CHRISTIANSEN & DEHNER,PA T -440 P.46/59 F-663 C. Dis fttee: A db& butee includes an employee or former employee. in addition, the employee's or former employee's surviving Spouse is a distributee with regard to the interest of the Spouse. D. Direct Rollover: A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee. Sec. 38-75. MII.iTARV SF,RVICE PRIOR TO EMPLOVMFNT. The years or fractions! parts of years that a Firefighter serves or has served on active duty in the military service of the Armod Forces of the United States or the United States Merchant Marine, volunta rfly or involuntarily, honorably or under honorable conditions, prior to first and initial employment with the City Fire Department shall. be added to his years of Credited Service provided that: 1, The Member contributes to the Fund the sum that he wonid have contributed, based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested, NO he been a Member of the System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in eannevAon with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Service pursuant to thiA Section may be made at any time prior to Retirement, but no purchase is permitted for periods of less than one (1) year- 3. Payment by the Firefighter of the agWmd ammo t shall be made within three (3) months of his request for credit and r u& be made in one lutup sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under flik Section shall be four (4) years. S. Credited Service purchased pursuant to this Section shall count only for calculation of benefit amounts A-d shaU not count toward vesting or toward eligibility for retirement. 1-4.1 NOV 16 '98 12:42 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.47/59 F -663 Sec. 38-76 = __]FOR FIRF.FIGWIIR KF%VICF.' Unless otherwise prohibited by law, and except as provided for in Section 38 -51, the years or fractional parts of years that a firefighter previously served as a Firefighter with the City of Palm Beach Gardens during a period of previous employment and for which period accurr *-%tPd contributions were withdrawn from the Fund, or the years and fractional parts of years that a Firefighter served as a Firefighter for any other municipal or special district fire department in the State of Florida shall be added to his years of Credited Service provided that, 1. The Member contributes to the Fund the sum that he would have contributed, based on his SR1_R*y and the Member contribution rate in effect at the time that the Credited Service is requested, had he been a Member of this System for the years or fractional parts of years for which he is requesting credit plus amounts actuarially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of years of Credited Service. 2. Multiple requests to purchase Credited Services pursuant to this Section may be made at any time prior to Rc*mnent, but no pumbw is permitted for periods of less than one (1) year. 3. Payment by tic Member of the required amount shat% be made within three (3) months of his request for credit and shall be made in one lump sum payment upon receipt of which Credited Service shall be given. 4. The maximum credit under this section shall be ten (10) years of Credited Service send shall count only for cilcnlatinn of benefit amounts and shall not count toward vesting or toward eligibility for retirement. In no event, however, may Credited Service be purchased p mumt to this Section for prior service with any other municipal or special district fire department, if such Prior service forms or will form the basis of a retirement benefit or penf!ion from another retirement system or plan as set forth in Section 38-66, 9.$. 46 NOV 16 '98 12:42 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.48/59 F -663 Sec. 3$ pn. FAMELV AND MEDICAL I FAVE ACT. The fractional parts of the twelve (12) month period ending each March 1 that a Member is on leave without pay from the City pursuant to the Family and Medical heave Act awjLA) sail be added to his Credited Service provided that: 1. The Member contributes to the Fund the sum that he would have contributed, based on his Salary and the Member contribution rate in effect at the time that the Credited Service is requested, had he been a Member of the System for the fractional parts of the twelve (12) months ending each March 1 for which he is requcsting credit plus amounts achuirially determined such that the crediting of service does not result in any cost to the Fund plus payment of costs for all professional services rendered to the Board in connection with the purchase of periods of Credited Service. 2. The request for Credited Service for F W A leave time for the twelve (12) month period prior to each March 1 and payment of professional fees shall be made on or before March 31. 3. Payment by the Member of the required amran shall be rr nde% on or before April 30 for the preceding twelve (12) month period ending March 1 and shall be made in one lump sum payment upon receipt of which Credited Service sha11 be issued. 4. CwAited Service purchased pursuant to this section shall not count toward vesting. Sec. 38. -78. S"ARATION FROM EMPMYMFNr FOR MFLITARY W.RVICK 1. The years or fractional parts of years that a Member serves m the military service of the Armed Forces of the United States, the United Swes Merchant Marine or the United Stn" Coast Guard, voluntarily or involuntarily, after mparatioa from employment as a Firefighter with the City to perform training or service and reemployment on or after Dccvnher 12, 1994, ahalY be Added to his years of Qedited Service for all purposes, including vesting, provided that: 47 NOV 16 '98 12:43 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P.49/59 F -663 A. 77he Firefighter must rebut to his =q&yment as a Firefighter within one (1) year from the earlier of the date of his military discharge or his release from service. B. The Firefighter deposits into the Fund the same sum that the Member would have contributed if he had remained a Firefighter during h,s absence. The Firefighter must deposit all missed contrnbutions within a period equal to three (3) times the period of military service, but not more than five (S) years or he will forfeit the right to receive Credited Service for his m;lhR y service pursuant to this Section. C. The maximum credit for military service pursuant to this Section shall be five (5) years. D. In order to qualify for the purchase of Credited Service pursuant to this Section, the Firefighter must have been discharged or released from service under honorable conditions. E. This seefinn is intended to meet or satisfy the minimum requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA), (P.L. 103 -353). To the extent that this section does not meet the minimum standards of USPRRA, as it may be amended from time to time, the minimum Audards shalt apply. 2. Where reemployment occurred prior to December 12, 1994, the years or fractional parts of years that a F=i fightar serves in the military service of the Armed Forces of thu United States or the United States Merchant Marine, voluntarily or involuntarily, upon being granted ]cave, by the Fire Department and wparaaon from employment as a Firefighter with the Fire Department, shall be added to his years of Credited Service provided that: A. Thu Member returned to his employment as a Firefighter with the Fire Ucparlmoat within one (1) year from the date of his military discharge. B. The Member deposits into the Fund the same sum that the Member would have contributed if he had remained a Firefighter, plus an amount 48 NOV 16 '98 12:43 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,50/59 F -663 of interest that substantially approx,'Tm!pg the amount earned by the Fund fmm the date of return to employment to the date of deposit. C. The inavi sum credit for military service shall be five (5) years. Sec. 38••79.. SUP9P1' .WMF..W,&L BT+'.NWMIN. CAAPTER 175 ,HARE ACCOUN". There is hereby established an additional supplemental retirement, termination, death and disability benefit to be in addition to the benefits provided for in the previous sections of this Division, such benefit to be funded solely and entirely by the premium tax monies received pursuant to Chapter 175, Plorida Sts rtes. 1. Individual Member Share Accounts. Tho Board Ah-lt create individual Member stars accounts stud main*Ayri appropriai;s books and records showing the r+espeetivo interest of each Member hereunder. Each Member shall have a Member share account for his share of the Chapter 175 to revenues, forfeitures and income and expense adjustments relating thereto. The Board $hall maintain a separate membership snare account for each Member, however, the maintenance of separate accounts is for accounting purposes only and a segregation of the assets of the trust fund to each account shall not be required. 2. Share Account Funding. A. Yndividual Member share accxsmts shall be credited with all of the monies received from Chapter 175, lJotida Stalin, tax revenues in June 1999, plus any supplemennal tax revenue amounts received in fiscal year 98 -99 and all similar tax revenues received in subsequent fiscal years. B. In addition, any forfeihues as provided in subsection 4, shall be allocated to the individual Member spare accounts in accordance with the formula set forth in subsection 4. 3. Alteration of Monies IQ. Sham Accounts. A. Allocation of Chanter 175 Contrihutions. Upon receipt of the first premium tax monies attributable to the previous calendar year (beginning with calendar year 1998), an amount of money equal to the amount determined under Section 175.122, Ehdda , Statutes, 49 NOV 16 '98 12:43 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.51/59 F -663 Limitation of Disbursement, shn" be allocated to individual Member shave accounts in an amount directly proportionate to the Salary which the Member was paid compared to the total Fire Department payroll (as determined under Section 175.122, Florida StplW in the calendar year ping the date for which Chapter 175, Endd_ aS tut A, tax revenues were received. In addition, any mount of money described in subsection 2.A, above attributable to the previous calendar year and not otherwise diddI mted pursgant to the previous sentence, shall be allocated to each individual Member account in an amount directly proportionate to tine number of pay periods for whit -h the Member was paid compared to the total number of pay periods for which all Members were paid, counting the pay periods in the calendar year preceding the date for which the Chapter 17S, Rafts Statutea, tax revenues were received. B. Allocation of Investment Gains and Losses, At the end of each calendar quarter, each individual a1mro Account shall be adjusted to reflect the earnings or Iowa resulting from investment during the quarter. The investment earnings or losses allocated to the individual Meng= sham accounts shall be in the saute percentage as are earned or lost by the total inveniastent earnings or lossca of the Fund as a whole, unless the Board dedicates a separate investment portfolio for the Chapter 175 Florida Statutes Share Accounts, in which case the investment earnings or losses sba" be measured by the invcb",ent earnings or losses of the separate invemment portfolio. C. Allocation of Costs_ Fees and Exnensea. At the end of each calendar quarter, each individual share account shall be adjusted to allocate the costs, fees and expenses of administmtinn of the Fund. Costs, fees, and expenses of administration shall be allocated to each individual Member share account on a proportionate basis taking the costs, fees and expenses of administration of the Fund as a whole Ac NOV 16 '98 12:44 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.52/59 F-663 multiplied by a fraction, the numerator of which is the total assets in each individual Member share account (after adding the quarterly investment gahi or loss) and the denominator of which is the total assets of the Fund as a whole. D. No Right to Allocation. The fact of allocation or credit of an allocation to a Member's share account by the Board shall not vest in any Member. any right, title, or interest in the assets of the trust or in the Chapter 175 tax revenues except at the time or times, to the extent, and subject to the terms And conditions provided in this Section. E. Members shall be provided annual statements setting forth their share account balance as of the and of the Plan Year. 4. Forfeitures. Any Member who has less than five (5) years of service oredit and who is not otherwise eligible a'ua payment of benefits after termination of employment with the City as provided form subsection 5 shall forfeit his individual Member abate account or the noel - vested portion thereof. Forfeited amounts shall be redistributed to the other individual Member accounts at the end of each calendar quarter in an Amount directly proportionate to the number of pay periods for which the Member was paid compared to the total number of pay periods for which all Members were paid, counting the pay periods m the calendar year preceding the current year. 5. Elimbility For Benefits, Any Member who terminates employment as a Firefighter with the City, upon application tiled with the Board, 001 be entitled to be paid the value of his individual Member kf?arre account, subject to the following criteria: A. Retirement Benefit. (1) A Member shall be entitled to one hundred percent (100%) of the value of his share account upon normal or early retirement pursuant to Section 38 -56. 61 NOV 16 '98 12;44 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P,53/59 F -663 (2) Such payment shall be made as provided in subsection 6. )a, Te+rntinatinn Benefit. (1) In the event that a Member's employmnt as a Firefighter is Wrmk_-tP± by reason other than retirement, death or disability, he shall be entitled to receive an amount equal to the vested portion of his share account bA1?nce. The vested portion shall be determined in accordance with the schedule in Section 38 -59, subsection 3. (2) Such payment shall be made as provided in subsection 6. C. Disability Benefit, (1) In the event that a Member is determined to be eligible for either an in -line of duty disability benefit pursuant to Section 311-58, subsection l or a not-in-fine of duty disability benefit pursuant to Section 38 -58, subsection 3, he shall be entitled to one hundred percent (100 %) of the value of his share account. (2) Such payment sha11 be made as provided in subsection 6. (n) I2eaih Baefit. (1) In the event that a Member dies while actively employed as a Firefighter, one hundred percent (10096) lof the vahsa of his share account shall be paid to his designated Beneficiary ass provided in Section 38-61. 6. payment of Benefits. If a Member terminates employment and is otherwise entitled to receive all or a portion of the balance in the Member's share account, the Member's share account QhAn be valued at the end of the last day of the calendar quarter as provided for in subsection 3 above, following termination of employment. Payment of the calculated share account balance or the vested portion thereof shall be payable not later than ninety (90) days following the end of the quarter and shall be paid in one (1) lump sum payment. No optional forms of payments shall be permitted. 52 NOV 16 '98 12:44 TO- 15617751023 FROM - CHRISTIANSEN & DEHNEUA T -440 P.54159 F -663 7. Benefits Not Guaranteed, All bewfits payable under this Section 38 -79 shall be paid only from the assets attrrated to individual Member share accounts. Neither the City nor the Board shall_ have any duty or liability to furnish any additional funds, securities or other assets to fund share account benefits. Neither the Board nor any Trustee shall be liable for the making, retention, or sale of any inves,u-ant or reinve&iment made as herein provided, not for any loss or ditninieltment of the share account b avices, except due to his or its own negligence, willful misconduct or lack of good faith. All investments shall be made by the Board subject to the restrictions otherwise applicable to ]Fund investments. g, Maximum Additions, Notwithstarnding any other provkInn of this Section 38-79, the "annual additions" to a Member's account for any limitation year shall not exceed the maximum permissible amount, which srmll be the lesser of: (i) thirty thousand dollars ($30,000), or, if greater, one - fourth (1 /4) of the defined benefit dollar limitation at forth in section 415(b)(1) of the Code as in effect for the limitation year; or (ii) twenty -five percent M%) of the Member's compensation for tho limitation year. If them is a short limitation year because of a change in limitation year, the Board wfil multiply the U*ty thousand dollar ($30,000) limitation (or larger limitation) by the following fraction: Number of months in the short veer 12 The term "annual aWdotns" means the smelt allocated to a Member's account during the limitation year that is comprised of: A. The allncable share of the employer contributions (Chapter 175 mwks) for the limitation year; B. The allocable share of forfeitures for the limitation year; C. All employee contributions made during the limitation year. F *3 NOV 16 '98 12:45 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P,55/59 F -663 If the atonal additions exceed the limitation described above, the annual additions to the Member's account 0ha11 be reduced by a corrective adjustment made in the following order of precedence: A. B. By allocating and reallocating under subsection 3 of this Section, employer contributions and forfeitures for the Plan Year to the Member share accounts of those Members to whom the limitations of this subsection do not apply for the limitation year but only to the extent that such allocations or rwaltnmtinnA do not cause the annual additions to any Member's account to exceed the limitations of this subsection. To the extent there ren-inA an amount that cannot be allocated under subparagraph A. above, such rern-insing amount shall be held in a "suspensa account! as a forfiaUare and shall be held therein until the next succeeding date or dates that forfeitures ate allocated. Suspense accounts A0! not share in trust income under subsection 3.A. Tn the event of termination of the Plan, the suspense account shall be allocated And rcallocalyd to the Member share accounts of the Members under the formula provided in subsection 3, but shall revert to the employer in the event that it caum t bo fully allocatad to the Member share account of any Member without violating the provisions of this subwztion. 9. Particination in Both Deffned Conb hution and Defined Benefits plans, Since each Member is a participant (or has been a participant) in both a defined benefit pine or plans and a defined contribution plan, benefits under the defuacd benefit plan shall be reduced to the extent necessary to prevent the sum of the defined benefit plan fraction and the defined contribution plan fincpon, computed as of the close of the limitation year from exceeding 1.0. For purposes of this subsection 9, the defined benefit plan fraction is: The sum of the projected annual benefit of the Member under all defined benefit plans (whether or not terminated) maintained by the employer. The lesser of: 0 one hundred twenty -five percent 54 NOV 16 '98 12:45 TO- 15617751023 FROM- CHRISTIANSEN & DEHNER,PA T -440 P.56/59 F -663 (125%) of the dollar limitation in effect under Code section 415(b)(1)(A) for the limitation year; or (ii) one hundred forty p-rcent (140%) of his average co npensation for his high three (3) consecutive calendar years of service. If the emgaioyee was a Member in one or more defined benefit plane nuir_ n—&A by the employer which were in existence on July 1, 1982, the der<±**±;"tnr of this fraction will not be less than one hundred twenty -five percent (125%) of the sum of the annual benefits under such plans which the employee had accrued as of the end of the 1982 limitation year (the last Limitation year being befma Septw"r 1, 1983), or, if later, June 30, 1983- The preceding sentence only applies if the defined benefit plans individually and in the aggregate satisfied the requirements of code section 415 as in effect at the and of the 1982 limitation year. For purposes of this paragraph, a master or prototype plan with an opinion letter issued before January 1, 1983 shall be treated as a plan in existence on July 1, 1982. For purposes of this subsection 9, the defined contrIbution plea► fmotion is. The sum of the anrn -! �!�i+tima (deterwhied as of" close of the limitation year) to the Member's account under all defined conhibution plans (whether or not terminated) maintained by the employer for the current and all prior limitation years (including the annual additions attributable to the Member's employee contributions to this plan and all other defined contribution or defined benefit plans, whether or not terminated, maintained by the employer). 55 NOV 16 '98 12:45 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P,57159 F -663 The sun of the lesser of the following amounts determined for the limitation year and for each prior limitation year of service with the employer_ (J) one hundred twenty -five percent (125 %) of the doll-, limitation in effect under section 415(c)(1)(A) of the code for the limitation year (deternu wd without regard to special dollar limitations for employee stock ownership plans), or. GO thirty - five percent (35 %)of the Member's compensation for the limitation year. U the employee was a Member in one (1) or more defined contribution plans maintained by the =aployer which were in wda%nce on July 1, 1982, the Board will adjust the numerator of this fraction if the arum of this fraction and the defined benefit plan fraction oti erwise would exceed 1.0 wider the terms of this plan. Under the adjustment, the B -rd will subtract permanently an amount equal to the product of: (1) the excess of the sum of the fractions over 1.0, times (2) tha denominator of this fraction, from the numerator of this fraction. The Board shall calculate the adjustment using the fractions as they would be computed under this section as of the end of the 1982 limitation year (the last limitation year beginning before September 1, 1983), or if later, June 30, 1983. The Board shalt maim the same adjustment as of The end of the 1983 limitation year (the last limitation year be8inning before January 1, 1984) if the sum of the fractions excxed 1.0 because of accruals or additions that were made before the limitations of this article became effective to any plans of the employer in existence on July 1, 1982. The Board also may use any transitional rules provided by law which are applicable in computing the Member's defined contribution plant &action. For purposes of this paragraph, a master or prototype plan with an opinion letter issued before January 1, 1983, which was adopted by the employer on or before June 30, 1983, shall be treated as a plan in existence on duly 1, 1982. For purposes of this subsection 9 and subsection 8, the following terms shag have the meanings shown below: 56 NOV 16 '98 12:45 TO- 15617751023 FROM - CHRISTIANSEN & DEHNER,PA T -440 P.58/59 F -663 The term "compensation" shall mean a Member's wages, s2la*ies, and fees for services Qnd other amounts received for services actually tendered in the course of employment with the employer maine±ining the plan, but excluding the following: A. Employer conhibutions to a plan of deferred compensation which are not includible in the employee's gross income for the taxable year in which contributed, or employer contrlutions under a simplified employee pension plan to the - _-tomt such are deductible by the employee, or any distributions from a plan of deferred compensation; B. Amounts readi7PA from the exercise of a non - qualified stock option, or when restricted stock (or property) N44 by the employee either becomes freely tcans&rable or is no longer subject to a substantial risk of forfeiture; C. Amounts realized from the WA, exchange or other disposition of stock aaquircd under a qualified stock option; and D. Other amounts which received special tax benefits, or contributions made by the employer (whether or not under a salary reduction agreement) towards the purchase of an annuity described in section 403(b) of the code (whether or not the amounts are actually excludible from the gross income of the employee). For the purposes of applying the limitadons of subsections 9 and 9, compensation for a limitation year is the compensation actually paid or includible in gross income during such year unless otherwise specified in writing by the employer. The term "defined benefit plan" shall mean a retirement p1An that does not provide for individual accounts for employer contributions. The Board shml1_ treat all defined benefit plans (whether or not terminated) maintained by the employer as a single plan and the trustees shalt treat all defined c u bution platys (whether or not terminated) maintained by the employer a single plan. 57 NOV 16 '98 12:46 TO- 15617751023 FROH- CHRISTIANSEN & 0EHNER,PA T -440 P,59/59 F -663 For purposes of applying the limitations in these subsections 8 and 9, the term "employer contfthons" shall mean insurance premium tax rebate monies :received from the State of Florida pursuant to Chapter 175, Flcdda SW tea, The term 'projected annual benefit" shall mean a Member's annusil benefit (adpstod to an actuarially equivalent straight life annuity if the plan expresses such benefit in a form other than a straight life annuity or qualified joint and survivor annuity) under the defined befit plan provided by employer contributions based on the assumptions that: G) the Member will continue employment: until his normal retirement age as stated in the defined benefit plan, (or currant age, if later); (n) the Member's catnpetnsation for the current limitation year will continue at the same rate as in effect for the limitation year under consideration until his normal retirement age; and, ('iii) all other relevant factors used to determine benefits under the defined benefit plan will remain constmt as of the current limitation year for all future limitation years. The term 'limitation year' shall be the same as the plan year. The term 'limitation year of service' shall mean a plan year during which a Member completes a complete plan year of service. The tertn "Member's account" or "Member's share account" shall mean the account established punuat to this Section 38-79 in which employer contributions (as defined In this Section 39-79) are deposited and maintained as providal 'War herein. If the plan satisfied the applicable requiruments of section 415 of the code as in effect for all lin*Riion years beginning before January 1, 1987, an amount shalt be subtracted from the numerator of the defined contribution plan fraction (not exceeding such numerator) as prescribed by the Secretary of the Treasury so that the sum of the defied benefit plan fraction and defined contribution plan fraction computed under section 415(e)(1) of the code does not exceed 1.0 for such limitation year. This shall only be effective until January 1, 2000. bmlpbzW=Xn t- nb-98&ocd. 58 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/10/98 Subject/Agenda Item Ordinance 28, 1998, amending the Occupational License Fee Schedule Recommendation /Motion: Staff recommends approval of Ordinance 28, 1998. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Finance [ ] Approved Finance $ 0 [ ] Approved w /conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper: [X] Not Required [ x ] Other None Memorandum Submitted by: Kent R. Olson Department Director Affected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ X] Not required MEMORANDUM TO Bobbie Herakovich, City Manager FROM Kent R. Olson, Finance Director /\/\ SUBJECT Ordinance 28, 1998, Revisions to the Occupational License Fee DATE November 9, 1998 INTRODUCTION A recent Supreme Court decision has made it more likely that an adult entertainment establishment may choose to locate within the City. At this time, the City does not have a specific occupational license for adult entertainment businesses. Ordinance 28, 1998, provides for a fee schedule which addresses uses contemplated in Chapter 10, Amusements and Entertainment, of the City Code. ANALYSIS As you may recall, the City appointed an Equity Study Commission in 1994 to review the City's occupational license fees. The City's current fee schedule is a result the Equity Study Commission's work and recommendations which were adopted by the City Council in 1994. The proposed fees for the adult entertainment licenses reflect the additional need for City services these establishments will generate. The proposed fees are reasonable in comparison to the fees paid by other businesses which are likely to require more City services as well. For example, many of our retail grocery stores (Publix, WinnDixie) are paying a license in the range of $3,000 to $4,000 annually. I have attached a copy of our current fee schedule for your convenience. RECOMMENDATION I recommend that the City adopt Ordinance 28, 1998, approving revisions to the City Code Chapter 66, Article II, Occupational License. $ 66-66 PALM BEACH GARDENS CODE Sec. 66-66. Requirements by applicant for license prior to issiianioe --1-4— �'- - (a) The following letters appearing within any item in the license tag schedule of section 66-68 signify that each applicant for a lic --nqe within the classification shall comply with the requirements appearing herein opposite each letter prior to the issuance of a license, `as follows: (1) The letter (a) signifies approval of the building inspector. (2) The letter (b) signifies approval of the chief of police. (3) The letters (bb) signify approval of the police department and the fingerprinting of the applicant and the issuance of an identification card at a fee of $4.00 to cover the cost thereof. (4) The letter (c) signifies approval of the health inspector. (5) The letter (d) signifies approval of the fire chief. (6) The letter (e) signifies approval of the city clerk. (b) The term "liability insurance" when appearing in any item of section 66-68 shall refer to the requirement of section 66-55. •- (c) The appearance of any of the above words or letters within any item oTthe license tag . schedule of section 66-68, shall be of force and effect as though the requirement represented by the letters or words as above set forth were set out m full . j (Code 1987 , § 110.27) Sec. 66 -67. Right to amend licenses nnaffected.� ,� y , .. - ..: .. _ .f L+%�i+Aa.4� •.. fie.. - n!+ t1 P The adoption of this artticle and schedule of license shall n a ndge'the nght of the city �xfr' council to change, alter,"mcre'ase, decrease; or revoke any of the regulatory licenses prat o� s , other ordinances providing for excise or license taxes or other liens or assessments w ether r pertaining to,any of the subjects contained or provided for in this article or not, ;an' d�the dame shall not affect any of the matters or provisions of this article unless specifically 'so stated.: <° (Code 1987, § 110.40) -= - - - -. -- - -- Sec. 66 -68. Fee schedule. The classification and rates of all license taxes are hereby fixed per Annum, unless otherwise provided as follows: (1) Agriculture, forestry, and fishing. a. Lawn service including lawn mowing, tree - trimming or cutting, _- .: • -- - - b. planting of trees or shrubs .. ....................... ............. Veterinarian services, each person ....... . c. Fish smoking or salting.......... f• ;100.00 d. Florist or flower shop ................................. ....:. •:° - •�' Y�100.00 CD66:14 • -tom- �.9L "" �r •r" fY1�' ,x - ar���u t ' TAXATION § 66-68 e. Fruit and vegetable stand .......................................... . 100.00 f. Other agriculture, forestry or fishing occupation not listed above".. 100.00 (2) Construction. a. Contractors occupational license. 1. If possesses countywide license ............................ 2.00 2. If possesses statewide license .............................. 5.00 b. Requirements. Must provide a copy of the following unless indicated otherwise: 1. County occupational license; 2. County certificate of competency or state certificate compe- tency; 3. Proof of insurance. (3) Manufacturing, flat fee .............. ............................... 225.00 (4) Transportation, communication, electric, gas, and sanitary services. a. Taxies, armored car, limousines and ambulance for hire .......... 75.00 Plus for each operated vehicle .................................. 50.00 Insurance Required: Liability, $100,000.00 per person.' Liability, $300,000.00 each accident. Property damage, $100,000.00. b. Rentals (including trucks), U -drive it, etc... .. .......... 125 00 C. Bus or train station .: .....'' ::.........:.. -`- 625 00 S _ � d. Intercity bus or rail service ................... ........ .... 100 00 e. Any other form of transportation, per vehicle .................. *94.00 r f MAintaining any type of communication facility or support facihty within the city, including telephone or telegraph company ....:...� x:$00.00 g. Radib o -r television broadcasting, including cable television......... .450.00— h. Any business selling goods or providing services from a vehicle, with no permanent location, excluding peddlers, per vehicle ......::. 94.00. W* Retail and wholesale sales. Merchants, druggists, storekeepers and other selling goods at retail or wholesale. •a. For the first $1,000.00 of inventory or fraction thereof........... 75.00 ' b. For the next $99,000.00 of inventory, per $1,000.00 of inventory of" fraction thereof ............. ............................... 6.50. Supp. No. 3 CD66:15 ri.?.t aF y ! R J 66-68 PALM BEACH GARDENS CODE C. For the next $100,000.00 of inventory, per $1,000.00 of inventory or fractionthereof .............................. .... ....... 6.25 d. For the next $300,000.00 of inventory, per $1,000.00 of inventory or fraction thereof ................. ............................... 6.00 e. For additional inventory in excess of $500,000.00, per $1,000.00 of inventoryor fraction thereof ..... ............................... 5.75 (6) Restaurants, takeout, delicatessen, catering, bakery, etc. a. 0 through 25 seats ................................................ 94.00 b. 26 through 75 seats ......................... ................ 125.00 C. Over 75 seats ................... ............................... 200.00 (7) Gas station. A11 gas stations, including those offering repair and accessory uses including convenience stores ................. .... ........... 200.00 (8) Financial. a. All financial institutions, including banks, savings and loan associ -.. •,. ations, finance companies, and credit union, and lenders.......... 470.00 b. Stockbroker, each licensed person ................................. 150.00 (9) insurance. a. Adjustors ...................................... : ..... 100.00 b. insurance agency.... ... .... ....... 100.00 Each licensed agent...,. ......... ......... _ 100 00 C.", Title insurance agency ........................ 00.00 ,.: . d. Each insurance company doing business in the. city, not `otherwise' { provided herein .. ................ (10) Real estate. y 'a: Real estate brokerage . y 100.00 b. Real estate sales agent and broker, each licensed- person....:.Y :25.00 ...,' ....: .... _6' ... (11) Mortgage-brbr, each licensed person- = " ' . . 100 00 : (12) Services. ter° a. a. Professional services licensed-by. the - state; `including health 'and ". dental providers, attorneys, engineers, architects, interior decors _.. tors, surveyors, certified public accountants; each person ..:.:. ` ::100.00 .: b. Personal services, including manicurist, tanning salon, beauty shop, barber shop,' etc. _ . . 1. First chair ... ....... ............. ... 50.00 ;=, 2. Each additional chair ...................................... 7.50 C. General services provider not listed in subsection (12)a or b of this - Supp. No. 3 CD66 :16 `14 _F _ - (7- - C TAXATION . schedule, per business ......................... (13) Funerals, undertakers, each ............................................... . (14) Housing and lodging. . a. Mobile home parks. 1. 20 spaces or less ........... ............................... 2. Each additional space ...................................... b. Apartments, motel, hotel, timeshare, guesthouse, bed and break- fast, campground or trailer camp; per unit ....................... C. Each rental unit within a park shall,,be charged in accordance with subsection (14)a of this schedule. (15) Storage and public warehouse. a. 0 through 20,000 square feet .... ............................... b. 20,000 to 35,000 square feet .................................... § 66-68 100.00 100.00 94.00 3.00 7.00 50.00 225.00 C. 35,000 to 50,000 square feet.. ......... . .................. . 350.00 d. Per each additional 1,000 square feet over 50,000 ................ 5.00 (16) Coin - operated and vending machines. a. Nonlaundry, per unit ..................... :..................... 10.00 b. Laundry. 1. 1 through 20 machines . .. .. x;75 00 r f s'S 00 2. Each additional macl+ine ...................... (17) Amusement, educational and recreation. a. Movie theater: 1. Less than 300 seats .....................:. ... 200.00' . 2. 300 to 399 seats ........................ . .. 300.00 3. 400 to 599 seats ..................... '` . .. 400.00 4. 600 or more seats .................. " ....... ; . . .. 500.00 5. Driv din ............... .... ....... ..... ... 250.60 . . b. Bowling alley .............. ............... .. .................. 500.00.::: C. Sightseeing vehicles (trolley, train, or other vehicle), per vehicle... 100.00 d. Charter boat for fishing; diving, sightseeing,Nparasailing, water taxi,' or similar activity, per boat.- :'........... ....:....:.. .... . ;100.00 . e. Preschool, nursery schools, day care centers ....... .... ...- �.: .47.00 f. Driving chools dance. studios, ridin ,... '`,` •'.. -.F; _..... g g °academy, technical.and :trade' schools, private schools; dog obedience schools, 'etc:' 100.00' g. Bathing or swimming pool, private...... .. .....:.. 100.00 Supp. No. 3 CD66A7 { 66-68 PALM BEACH GARDENS CODE h. Miniature golf each course .......... ........................ :: i. Pony rides, per corral or ring ............................:.. : -' k 200.00 -- j, Minks for skating, bicycle, motorcycle, etc ......................... ' ` H 225.00 k. Shooting gallery (a), (b), (c), (e) .. ............................... 225.00 1. Circus, per day .................. ............................... 375.00 M. Amusement parks, per week ..... ............................... 600.00 'n. Pool and billiard room (a), (b), (c), (d), (e). Noncoin - operated pool tables. 1. First four tables .......................................... 25.00 2. Each additional table:.......... ... ...................... 10.00 o. Traveling shows and street carnivals (a), (b), (c), (d), per day...... 250.00 ~ p. Exhibitions at shopping centers. Nonprofessionals ............................................... 200.00 q. Exhibition including trained Animals, boring or wrestling for profit, per week ............ 100.00 r Operator of amusement devices and music machines in businesses, other than owner of business ................................... 600.00 . S. Amusement occupations not otherwise classified, with no estab- lished place of business ............................. .. 200.00 (18) Hospitals, laboratories and care facilities. s a') General, medical, or surgical hospital 100 00 Pluseach bed ........ ..................................... .. X10 00 b. Dental laboratories .................. C. Medical laboratories .............................. 100 00 d. All other laboratories .............................. 100.00 e. Adult nursing homes (ACLF). -F12 beds........ ..... ...... ................. • .. . .. 100.00 1. Fir _ � 2. Each additional bed .. .......................... 7.00 (19) Other. a. Firearms or other deadly weapons (a), (b), (bb), (d), plus inventory 470.00 b.' Clairvoyants, astrologists, fortunetellers, spiritualists, etc..: ' :�:.. 900.00 C. Peddlers ................. _ - ...... -- 945.00 d. Locksmith when not paying any other city license...... .. ' :' 68.00 e. Auctioneers, each per :day... .... .. • ..,�, 500.00 f. Auction house, per day . . .......... ...............:.... 1,000.00 } Supp. No. 3 CD66:18 4. 4.. �.... .awn... ;j...... . TAXATION § 66-135 g. Pawnbrokers (a), (b), (c), (d), (e), g given. city council approval, plus . .t inventory...................... ............................... 785.00 h. Home occupation .. ............................... ...: 75.00 i. Any other occupation, not otherwise classified ................... 100.00 (Code 1987, § 110.41; Ord. No. 23 -1997, § 2, 7 -2 -97) Editor's note —The letters (a), (b), (bb), (c), (d) or (e) appearing within any item in this schedule shall have the meanings prescribed for them in section 66- 66(a). The term "liability insurance" appearing within any item in this schedule shall have the meaning prescribed in section 66- 66(b). Secs. 66- 69- 66 -90. Reserved. ARTICLE M. INSURANCE PREMIUM TAX DIVISION 1. GENERALLY Secs. 66 -91-66 -110. Reserved. DIVISION 2. CASUALTY INSURANCE* Sec. 66 -111. Tag levy; amount. There is assessed, imposed, and levied on every insurance company, corporation,-or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring .with respect to casualty risks, as shown by the records of the "state ` insurance commissioner, an excise or license tax in addition to any license tax or excise tax now levied by the city, which tax shall be in the Amount of 0.85 percent of the gross amount of receipts of premiums from policyholders on all -premiums collected on casualty insurance policies, covering property within the corporate limits of the city. (Code 1987, § 114.01) State law reference — Authority to impose tax, F.S. § 185.08. Sec. 66 -112. When due and payable. The license or excise tax levied by this article shall be due and payable Annually on March 1 of each year.. (Code 1987, § 114.02) State law reference —When tax payable, F.S. § 185.08(3). Secs: 66- 113-66 -135. * Reserved. *Cross reference — Police officers' retirement trust fund, § 50 -61 et seq.;,; State law reference = Authorized -F.S _I 185.08. Supp. No. 3 CD66:19 y u {�t i ORDINANCE 28, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO SECTION 66 -68 OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted procedures for Occupational Licenses; and WHEREAS, the City Council has determined that an amendment must be made to Section 66 -68 of the City's Code of Ordinances. 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 hereby amends Sebsection (17) of Section 66 -68 of the Palm Beach Gardens Code of Ordinances, entitled "Fee Schedule ", as follows: (17) Amusement, educational and recreation. t. Adult entertainment (as these terms are defined in Chapter 10 of the City Code) 1. Adult bookstore, plus retail license for for inventory $2500.00 (b), (bb), (d) 2. Adult cabaret (b), (bb), (d) 5000.00 3. Adult motion picture theater (b), (bb), (d) 2500.00 4. Adult motion picture booth; each booth (b), (bb), (d) 1000.00 5. Adult motel or hotel, per room (b),(bb),(d) 1000.00 6. Bathhouse (b), (bb), (d) 2500.00 7. Modeling studio (b), (bb), (d) 2500.00 8. Massage shop or parlor (b), (bb), (d) 2500.00 9. Artist -body painting studio (b), (bb), (d) 2500.00 10. Adult entertainment not otherwise classified 2500.00 (b), (bb),(d) SECTION 2. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. ORDINANCE 28, 1998 PAGE 2 OF 2 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 this 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. PLACED ON FIRST READING THIS DAY OF , 1998. PLACED ON SECOND READING THIS DAY OF , 1998. PASSED AND ADOPTED THIS DAY OF , 1998. MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK 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 JABLIN COUNCILMAN CLARK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:. November 19, 1998 Date Prepared: October 26, 1998 Subject/Agenda Item Workshop /First Reading for Petition SP -98 -19 and CU- 98 -04, request by Seacoast Utility Authority, owner and applicant, for site plan and conditional use approval for a building for a master lift station totaling 1,387 square feet. The 0.3 -acre site is located approximately 0.1 miles from the intersection of PGA Boulevard and Alternate A1A, on the west side of the FEC Railroad line. (1- 42S -42E) Recommendation /Motion: Staff recommends that ordinance. 29, 1998 be approved on first reading. Reviewed by:nw� Originating Dept.: Costs: $ Council Action: tD�231C,00 City Attorney ll�� Growth Management Tota I ( ] Finance NA $ [ ] Approved wrconaitions ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other ow Resolution 1998 -Ordinance 1998 ow TABLE 1 - Existing Zoning and Land Use Designations & Site Analysis or TABLE 2 - Consistency with the [ x.] Not Required Code Submitted by:� Growth Managem Affected parties Budget Acct. #: Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The Seacoast wastewater lift station is proposed to be located on a vacant parcel at the northwest corner of PGA Boulevard and Alternate A1A. The subject property is 2 surrounded to the north, west, and south by undeveloped, wooded, industrially -zoned (M1) land. To the east of the site is the Florida East Coast (FEC) Railroad line and Alternate A1A. To the east, across from Alternate A1A, is the MacArthur (Regional) Center Planned Community Development (PCD) that has an underlying zoning of Professional Office (PO) in the western section of the PCD. PROJECT DETAILS: Genera/ Details The petitioner is proposing a wastewater lift station ( #364) that shall be contained in one building that is 1,387 square feet in size. The proposed building will be designed to resemble a single - family residence, and will be one story in height (21 feet). The chimney on the roof will have an RTU antenna attached to the chimney that extends 3 to 4 feet above the height of the chimney. The site will be completely self- operating (no workers on site), therefore, an antenna is needed to send instructions to the site regulating the flow of the wastewater. The site is in the northwest quadrant of the PGA Boulevard and Alternate A1A intersection. The site will be accessed through a proposed future access road. Need For Project The Water and Wastewater Combined Master Plan Amendment, dated July, 1996, prepared for Seacoast Utility Authority provides detailed wastewater flow and force main network analysis of the service area (both existing and at buildout). Included in the recommendations of the Master Plan Amendment is the construction of Master Lift Station #364 and a 30 -inch diameter force main. This lift station and force main will accomplish the following: 1. Implement a portion of the recommended buildout system configuration. 2. Reduce the Total Dynamic Head (TDH) at Lift Station #54 (Anchorage Drive WWTP). This will increase the pumping capacity of the existing pumps to allow this lift station to accommodate the impacts of infiltration /inflow during wet weather flows. 3. Redirect the flow in the Shopco force main away from the Lift Station #2 collection system which will provide additional capacity for that lift station and also eliminate an existing odor problem in the vicinity of the Loehmann's Shopping Center. 4. Provide for the minimum required velocity of two (2) feet per second in the 30 -inch diameter force main. Landscaping The building will have a landscaped exterior that includes four (4) preserved native trees ranging in size between six (6) and twelve (12) feet in height. The landscaping shall also include eight (8) trees that are on the City's preferred species list and are at least twelve (12) feet in height. Further landscaping shall include three (3) trees less than twelve (12) feet or not on the City's preferred species list, and 217 shrubs that are on the City's preferred species list. Fencing & Lighting Inside the hedge that surrounds the proposed project site, shall be a six (6) foot high vinyl coated (black) chain link fence. The lighting on site will be wall mounted. Five (5) 2 -7W florescent twin tube wall lights will be mounted on the north, south, and east walls of the building. Two (2) six (6) inch quad florescent recessed lights with diffusers will be mounted on the west wall of the building. STAFF COMMENTS: Building Division A project identification sign has been not been proposed for the site. Building Official Jack Hanson has reviewed the plans for the project. Mr. Hanson has no concerns regarding the proposed project. Engineering Assistant City Engineer Tammy Jacobs has reviewed the plans and made the following three comments: 1. The proposed 4 -foot sidewalks will need to be revised to 5 -feet wide and 4 inches thick per LDR Section 62 -202. (Satisfied - 9/14/98) 2. A cross - section detail of the driveway will need to be added identifying the surface material and stabilization specifications. (Satisfied - 9/14/98) 3. We request a copy of the No Notice General Permit notification to SFWMD. (Satisfied - 9/21/98) Utilities As the petitioner for this proposed project, Seacoast Utility Authority has reviewed the plans with their engineer and other staff to avoid any problems they may have with the proposed project. Planning & Zoning Division City Forester Mark Hendrickson has reviewed the proposed plans, and recommended that the chain link fence be moved to the inside of the hedge surrounding the proposed project site. (Satisfied - 9/14/98) Planning and Zoning Staff also have determined that the 22.25 -foot front setback does not meet the minimum requirement of 25 feet (Section 118- 208(h)(1) of the City Code). The petitioner has room on the sides and in the rear to move the proposed building back so El that all of the minimum setback requirements are met. (Satisfied - 10/9/98) Petitioner Response The petitioner has responded to all of the concerns raised by Staff. RECOMMENDATION: The Growth Management Department recommends APPROVAL, without conditions, of petition SP -98 -19 and CU- 98 -04, a request for site plan and conditional use approval to allow the construction of a 1,387 square foot wastewater lift station. g/sho t: sp9819.cc /il TABLE 1 EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Research & Light Industrial Vacant/Undeveloped Industrial Park (I) (Ml) North Research & Light Industrial Vacant/Undeveloped Industrial Park (I) (M1) South Research & Light Industrial Vacant/Undeveloped Industrial Park (I) (M1) East Research & Light Industrial (I) FEC RR & MacArthur Industrial Park (Ml) & & (Regional) Center PCD Professional Office (PO) Professional Office (PO) West Research & Light Industrial Vacant/Undeveloped Industrial Park (I) (M1) TABLE 2: CONSISTENCY WITH THE CODE Consistent Code Requirement Proposed Plan Yes (conditionally) M1 - Research & Light Utility: Wastewater Lift Industrial Park Station & On -Site Force Main Yes Minimum District Site Area: N/A - (not proposing a 20 acres zoning change) Yes Minimum Parking: 2 2+ spaces Minimum Building Site Area: 12,963 square feet Yes 10,000 square feet Yes Minimum Building 135 feet Site Width: 100 feet Yes Maximum Building Lot 10.7% Coverage: 40% Yes Maximum Building Height: 21 feet 50 feet Yes Minimum Front Setback: 25 feet 25 feet Yes Minimum Side Setback: 34 feet 15 feet Minimum Side Facing Street 55 feet Yes Setback: 15 feet Yes Minimum Rear Setback: 26.5 feet 20 feet Yes District Boundary Setback: 333.33 feet 75 feet from any residential area Yes Minimum Landscape Points 522 points Required: 445 TABLE 1 EXISTING ZONING AND LAND USE DESIGNA' & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Vacant/Undeveloped Research & Light Industrial Park (M1) Industrial (I) North Research & Light Industrial Vacant/Undeveloped Industrial Park (I) (M1) South Research & Light Industrial Vacant/Undeveloped Industrial Park (I) (M1) East Research & Light Industrial (I) FEC RR & MacArthur Industrial Park (M 1) & & (Regional) Center PCD Professional Office (PO) Professional Office (PO) a West Research & Light Industrial Vacant/Undeveloped Industrial Park (I) (M1) TABLE 2. CONSISTENCY WITH THE CODE Consistent Code Requirement Proposed Plan Yes (conditionally) M1 - Research & Light Utility: Wastewater Lift Industrial Park Station & On -Site Force Main Yes Minimum District Site Area: N/A - (not proposing a 20 acres zoning change) Yes Minimum Parking: 2 2+ spaces Minimum Building Site 12,963 square feet Yes Area: 10,000 square feet Yes Minimum Building 135 feet Site Width: 100 feet Yes Maximum Building Lot 10.7% Coverage: 40% Yes Maximum Building Height: 21 feet 50 feet Yes Minimum Front Setback: 25 feet 25 feet Yes Minimum Side Setback: 34 feet 15 feet Minimum Side Facing Street 55 feet Yes Setback: 15 feet Yes Minimum Rear Setback: 26.5 feet 20 feet Yes District Boundary Setback: 333.33 feet 75 feet from any residential area Yes Minimum Landscape Points 522 points Required: 445 ORDINANCE 29,1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF CONDITIONAL USE FOR THE CONSTRUCTION OF A BUILDING FOR A MASTER LIFT STATION (WASTEWATER), CONSTRUCTED IN ONE PHASE, TOTALING 1,387 SQUARE FEET, TO BE LOCATED ON A 0.3 -ACRE SITE APPROXIMATELY 0.1 MMES NORTH OF THE INTERSECTION OF PGA BOULEVARD AND ALTERNATE AIA, ON THE WEST SIDE OF THE FLORIDA EAST COAST (FEC) RAILROAD LINE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Seacoast Utility Authority, owner and applicant, to approve a Conditional Use for the construction of a building for a master lift station ( #364), on 0.3 acres located approximately 0.1 miles from the intersection of PGA Boulevard and Alternate AIA, on the west side of the Florida East Coast (FEC) Railroad line; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT 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, approves a conditional use for the construction of a building for a master lift station ( #364), on 0.3 acres located approximately 0.1 miles from the intersection of PGA Boulevard and Alternate AIA, on the west side of the Florida East Coast (FEC) Railroad line. Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. July 28, 1998 Sheet Location Map (sheet 2), Barker, Osha, & Anderson, Inc., 1 Sheet 2. October 8, 1998 Details Sheet (sheet 10), Barker, Osha, & Anderson, Inc., 1 Sheet 3. October 8, 1998 Site Plan (sheet 13A), Barker, Osha, & Anderson, Inc., 1 Sheet 4. September 9, 1998 Mechanical Plan (sheet 15), Barker, Osha, & Anderson, Inc., 1 Sheet 5. July 29, 1998 Floor/Roof Plan (sheet A -1), Island Designs, Inc., 1 Sheet 6. July 29, 1998 Exterior Elevations (sheet A -2), Island Designs, Inc., 1 Sheet 7. July 31, 1998 Electrical & Lighting Floor Plan (sheet E4), Hillers Electrical Engineering, Inc., 1 Sheet 8. July 31, 1998 Electrical Schedules (sheet E7), Hillers Electrical Engineering, Inc., 1 Sheet 9. September 11, 1998 Landscape & Conceptual Irrigation Plan, Roy- Fisher Associates, Inc., 1 Sheet II .I y Ordinance 29, 1998 Page 2 Section 3. This Ordinance shall be effective upon adoption. I PASSED AND ADOPTED THIS THE DAY OF '1998. JOSEPH RUSSO, MAYOR ATTEST: APPROVED AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK gAshort- 1\sp9819.or !1 111'10/1998 17:52 4077751014 PBG PLANNING ZONING PAGE 02 CITY OF PALM-BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 19, 1998 Data Prepared: November 9, 1998 Subject/Agenda Item: Non - Conforming Signs:, Workshopl1st Reading RecommendationNotion: Staff is recommending approval of Ordinance 30, 1998, to allow for an additional twelve (12) month amortization period to allow for notification of nonconforming property owners. Revlewed by: 4��lo originating Dept.: Costs: Council Action: © City Attorney Total ( ]Approved Finance,, N/A $ Q [ ] Approved WimnOwn. Current FY ACM [ )Denied. Advertised: Human Res. NIA Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Other_ NIA Paper: [ x ] Not Required [ ] other NIA Ordinance 30, 1998 Submitted by: Growth Mgt Dlrecior Affected parties [ ] Notified Budget Acct#: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The City passed Ordinance 38, 1989 on January 18, 1990. Ordinance 38, 1989 was codified in chapter 110 of the City's code. Section 110 -3 (155.04) of the code provides that owners of non - conforming signs would be given an amortization period of seven (7) years to replace their signs with conforming signs. This time period expired January 18, 1997. Staff has identified 76 existing signs within the City which are in non - compliance with the requirements set forth in Section 110 -3 and are not exempt. At its October 15, 1998 meeting, City Council directed staff 'to, initiate an amendment to Section 110 -3 for additional exemptions andlor additional amortization period" as recommended in the staff report. /eat WLong Range%nonconfom.st6.wpd 11VIO11998 17:52 4077751014 PBG PLANNING ZONING ORDINANCE 30,1998 PAGE 03 November 9, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF CHAPTER 110 OF THE CODE OF ORDINANCES, ENTITLED "SIGNS ", BY AMENDING SECTION 3 OF ARTICLE 1, ENTITLED "NONCONFORMING SIGNS ", TO EXTEND THE AMORTIZATION PERIOD FOR ALLOWING NON - CONFORMING SIGNS BY TWELVE (12) MONTHS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens adopted Ordinance 38, 1989 which was later codified as Chapter 110 of the City's Code of Ordinances entitled "SIGNS"; and WHEREAS, Section 110 -3 allowed for a seven year amortization period for the replacement of non - conforming signs from the date of adoption of Ordinance 38, 1989 (January 18, 1990); and WHEREAS, City Council has directed the Department of Growth Management staff to provide for an additional twelve (12) month amortization period from the time of adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Section 110 -3(a), of the code of ordinances, entitled "Nonconforming signs ", is hereby amended by inserting and deleting text, as follows (added text underlined; deleted text eve, ab uelc): (a) Every sign lawfully erected within the city on the effective date of the ordinance from which this section derives and which is a type of sign not permitted in this chapter may be continued until December 19. 1999 except as follows: Section. Should any section, provision, paragraph, sentence or word of this ordinance be declared invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part be declared invalid. 111=10/1998 17:52 4077751014 PBG PLANNING ZONING PAGE 04 Sectio3, The City Clerk is hereby directed to ensure that the contents of this ordinance becomes codified as part of the City Code of Ordinances. Section 4_ This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS _ DAY OF —, 1998• PLACED ON SECOND READING THIS DAY OF 11998. PASSED AND ADOPTED THIS DAY OF 1998• MAYOR JOSEPH R. RUSSO VICE -MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK 2 COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY 11/10/1998 17:52 4077751014 PBG PLANNING ZONING PAGE 05 VOTE: MAYOR RUSSO VICE -MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT GALong Range lnonoontorm.ord.wpd(319.055) 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting'Date:November 19, 1998 Date Prepared: November 10, 1998 Subject /Agenda Item Workshop for petition PUD -98 -03 (The Commons Parcel I), a request by Urban Design Studio, agent, for approval of a 7.304 acre, mixed -use, Planned Unit Development (PUD). The proposed project contains residential, general office, medical office, retail, and restaurant uses, and is located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of the PGA.(11- 42S -42E) Recommendation/Motion: Staff recommends that the petition be discussed in a workshop. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Ordinance, 1998 Site Plan Existing land use&zoning [ ] Not Required and site analysis I Submitted Growth Man ent Affected parties Budget Acct. #: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required BACKGROUND: A request by Urban Design Studio, agent, for Channing Corporation XXX for rezoning of a parcel to Planned Unit Development (PUD) and approval of a mixed -use project with 31 residential units, 14,212 square feet of general office, 5,267 of medical office, 10,667 square feet of general retail, 5,900 square feet of indoor restaurant use and 2,260 square feet of outdoor restaurant use. The 7.304 -acre site is located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of the PGA. The applicant is requesting for rezoning to a PUD District. The proposed use of the property will be consistent with both the existing land use designation of RH on the southern portion of the property, and the proposed land use designation of MXD (mixed use) on the northern portion of the property. The current land use and zoning designation for the subject site is Residential High Density (RH). The Commons • Parcel 1 is a 7.304 acre tract of vacant land located on the south side of PGA Boulevard, immediately east of its intersection with Avenue of PGA. To the south of the subject property is a canal and Tamberlane Residential Development. Immediately to the east of the subject property is Woodland Lake Condominium project. The site is bounded to the north by vacant land and to the west by Longwood residential development and Barnett Bank. The subject property currently has land use designations of RH - Residential High; however, an application has been filed to amend the Land Use Plan designation for the most northerly 5.2 acre portion of the property to a designation of MXD - Mixed Use. The subject property currently has a zoning designation of RH - Residential High Density. The applicant is requesting a zoning designation of Mixed Use Planned Unit Development (PUD) for the entire 7.304 acre parcel. The property is currently owned by the John D. and Catherine T. MacArthur Foundation, but is under contract for purchase by the Channing Corporation XXX. The Channing Corporation XXX intends to develop the entire parcel as a mixed use development by providing a mix of retail, restaurant, residential, and office uses including general and medical office uses. The development is proposed to include 31 multi - family dwelling units, 14,212 square feet of general office use, 5,267 square feet of medical office use, 10,667 square feet of general retail use, 5,900 square feet of indoor restaurant use and 2,260 square feet of outdoor restaurant use. The development will occur in a single phase. Project Details The 31 dwelling units proposed for the parcel will be three (3), four (4) and six (6) unit townhomes. The units are all two (2) stories with one (1) story edges. The residential lots are typically 80 to 90 feet in depth and will be sold on a fee simple basis. The residential portion of the project may be accessed from the Avenue of PGA and PGA Boulevard through the commercial portion of the site. A public gathering place within the residential portion of the proposed development will allow residents the opportunity to socialize outdoors. The gathering place is connected to the commercial portion of the proposed PUD and will allow a simple pedestrian connection between the site's uses. 2 Signage No signage is being proposed as part of this application. The applicant requested additional time to determine the exact type of signage and appropriate location thereof. When signage is completed, the applicant must submit to city for review and approval. Buffers Although there is an existing hedge between the subject property and the Woodland Lakes condominium project to the east, no new hedges, walls, or fences are being proposed around most of the development. A 3.5 foot wall, however, is being proposed along the parking area to buffer the residential district to the south from the proposed commercial area. Walkways Sidewalks created with specialty pavers will provide pedestrian access to the site from the existing sidewalk within the 55 foot buffer area along PGA Boulevard. Sidewalks are also proposed within the residential portion of the development along both sides of the street. A walkway is proposed from the southern residential area to the northern portion of the site connecting all uses proposed on the property. This walkway will be delineated by pavers with a different color, texture, and scale than those used in vehicular areas. The walkway will be slightly raised and will act as a traffic calming device. Traffic calming is also encouraged by the use of trees along this walkway. Landscaping along the edge of the walkway will also help to identify it as a pedestrian area. Site Access Vehicular access to the site is proposed from three (3) locations. One (1) access is directly off of PGA Boulevard at the eastern-most edge of the subject property, and the other two (2) are located along Avenue of PGA on the west side of the property. The site plan proposes 205 parking spaces for the nonresidential portion and 94 spaces for the residential units. Staff reviewed the parking for the nonresidential area based on the criteria used for shopping centers (1 /200s.f.). The applicant has also submitted a parking analysis indicating peak period parking utilization and hourly variations (see attached). Lighting The pedestrian areas will be highlighted with "acorn hat" light fixtures to provide adequate light for safety purposes and also to establish a residential environment within the pedestrian areas. The vehicular areas, however, will be lighted by 25 foot high top mounted poles. Open /Common Space 3 Several areas have been provided for public use. These open areas are intended to be used as meeting places by residents, employees, and patrons of the development. Specialty pavers and fountain features are proposed throughout the entire development. There is one major area that is a major focal point within the parcel, and is delineated on the site plan. The focal point will be supported by landscaping and a piece of artwork, and will be the most northerly link between the commercial and residential portions of the proposed PUD. Waste Management All dumpsters within the retail and office portion of the site will be located indoors in ventilated rooms in rubber containers, for the cafe and restaurants, will be air - conditioned and the trash will be bagged so as to reduce noise and minimize their impact on the development by screening them from the public's view. Waste Management, Inc. supports this plan, subject to the conditions that all of the dumpsters will be wheel -out dumpsters, and all of the loading zone areas will be walled with a six (6) foot high wall. Townhomes will have driveway pick -up. Staffs Review & Comments Buildin-a Division Building Official Jack Hanson has reviewed the plans and has indicated that he has no concerns regarding the project at this time. Mr. Hanson could not comment on the signs because a detailed sign package has not yet been submitted. Vtilitie.s Seacoast Utility Authority has reviewed the project and has requested additional information regarding the location of the utilities (see attached). Fire Department has reviewed the project and has no comments. City Engineer Assistant City Engineer Tammy Jacobs has also reviewed the plans and has several conditions of approval (see attached). City ,Attorney The City Attorney has requested the applicant submit its proposal for a land use covenant for further review. The City Attorney has indicated that this petition is rezoning and is quasi-judicial in nature; approval of this application is subject to approval of applicant's request for land use change. The 4 City Attorney is currently reviewing other outstanding issues as well. At its August 25, 1998, the Planning and Zoning Commission recommended approval of PUD -98- 03 with the following conditions: 1. The following uses shall be permitted with the Planned Unit Development: apartments; townhouses; the permitted and conditional uses, found in the Neighborhood Commercial (CN) zoning district; professional and business office; medical and dental office; blueprinting service; art studio; gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; gymnasium and fitness center; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian including overnight pets (in a soundproof building) and china; crockery; glassware and earthenware shop. (Planning & Zoning) 2. The project signage package shall be subject to review by the Planning and Zoning Commission for its recommendation and by the City Council for its consideration of approval. (Planning & Zoning) 3. Townhouses shall have driveway, curbside pick -up of trash. Trash ,from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up and wheeled back into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) 4. Prior to scheduling this petition for a City Council consideration, a meeting shall be held with the applicant's representative, Public Works Department, Planning & Zoning Department and Engineering Department to achieve a mutually acceptable canal cross - section and provide a sufficient maintenance shelf acceptable to the City. (Planning & Zoning) 5. Prior to adoption of Property Owner Association documents, the applicant shall submit these documents for review and approval by the City. (City Attorney) 6. Prior to scheduling for a City Council meeting, the applicant will need to submit a parking detail and cross - section showing the 2' overhang area as a raised paver section with type "D" curb. The applicant shall clearly delineate the 2' overhang area from any pedestrian areas. (City Engineer) 7. Prior to scheduling for a City Council meeting, the applicant will need to provide additional preventive measures to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. (City Engineer) 8. Prior to scheduling for a City Council meeting, the site plan, drainage plan and landscape plan will need to show all existing easements as shown on the boundary survey. (City Engineer) 9. Prior to scheduling for a City Council meeting, the applicant will need to provide a trip generation analysis demonstrating that the proposed changes dated July 13, 1998 result in less new external PUD traffic. (City Engineer) 10. Prior to scheduling for a City Council meeting, an additional stop sign shall be added to the south end of the entrance drive aisle from PGA Boulevard to allow a safe exiting condition for the three garage spaces at building 1- 4.A.2. (City Engineer) 11. Prior to scheduling for a City Council meeting, the applicant shall provide a typical detail of the proposed type "D" curb. The type "D" curbing shall be 18" in depth. (City Engineer) 12. Prior to the issuance of the first Building Permit, the applicant shall show the proposed storm sewer easement on the site plan and landscape plan. (City Engineer) 13. Prior to scheduling for a City Council meeting, the survey drawing prepared by Lidberg Land Surveying shall be revised to identify Parcel I, II, and III in the same manner as the site plan, landscape plan, drainage plan, etc. (City Engineer) 14. Prior to scheduling for a City Council meeting, the applicant shall conclude their discussions with People's Gas to determine if an easement is necessary for the existing gas main. The existing gas main shall be shown on the site plan and landscape plan. The applicant will need to further coordinate with People's Gas regarding potential conflicts with the existing gas main and proposed landscaping, paving, etc. (City Engineer) 15. Prior to scheduling for a City Council meeting, the continuation of the gas main shall be shown on the survey. The gas main is shown to abruptly end within the property. (City Engineer) 16. Prior to the issuance of the first Building Permit, the applicant shall provide written authorization from each of the utility owners affected by this site plan allowing the applicant to pave and landscape within said easement. In addition, residential buildings 1/31 and 1/20 impede upon the 12' FPL easement. Prior to scheduling for a City Council meeting the applicant will need to provide written authorization from FPL. (City Engineer) 17. Prior to scheduling for a City Council meeting, the applicant shall submit a revised site plan showing the locations of each handicap ramp for City's review and approval. (City Engineer) 18. Prior to scheduling for a City council meeting, the applicant shall submit a revised site plan showing the westbound left -turn deceleration lane at PGA Boulevard extended to 320 feet to on accommodate existing and proposed traffic from this project. (City Engineer) 19. Prior to the issuance of the first Building Permit, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed -use buildings including garage areas shall be indicated on the construction plans. (Police Department) 20. Any conversion of uses shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (City Engineer) 21. The applicant and successors shall maintain the landscaping within the right -of -way of Avenue of PGA adjacent to the subject property. (Code Enforcement) 22. The applicant and successors shall maintain the landscaping within the canal easement south of their project. (Public Works) 23. The applicant and successors shall pay one -half ( %2) of the continuous maintenance cost for 470 linear feet to the City for the Maintenance of the median of PGA Boulevard. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner to the City, commencing on the first of November. (City Forester & Finance Department) 24. The selection of lighting styles shall be coordinated with the City Manager in order to be compatible with the lighting style and design of the new municipal complex. (Planning & Zoning) 25. Prior to the issuance of the first Building Permit, the applicant shall submit a letter from MacArthur Foundation, approving the utilization of the 18,600 s.f. of recreation credits for parcel I from the foundation credit pool. (Planning & Zoning) 26. Prior to the issuance of the first Certificate of Occupancy for the mixed -use buildings, a Building Permit shall be issued for the first townhouse building and/or sales model, townhouse building and/or sale models shall receive a Certificate of Occupancy prior to the issuance of Certificate of Occupancy for additional mixed - use buildings. Zoning Concern It should be noted that petitioner has requested for a waiver of the requirement of the code pertaining to the provision of a 15 foot buffer adjacent to the Woodland Lake development. although the Planning and Zoning Commission did not express any concerns regarding the waiver request, staff is recommending that a 15 foot buffer be provided adjacent to Woodland Lake. 7 A% Seacoast Utility Authority EXECUTIVE OFFICE: October 5, 1998 VIA FAX: 775 -1014 Ms. Bahareh Keshavarz Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: The Commons Parcel 1 Dear Ms. Keshavarz: Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410 -9602 We offer the following comments on your transmittal dated September 30, 1998 concerning the referenced project. 1. The conceptual utility plans submitted by the applicant do not show gas or wire utility (FPL, BellSouth, CATV) corridors. In addition we need to know the proposed locations of grease traps for the various of restaurants tenants, as well as the location of water meters, backflow preventers and firelines. 2. Due to the limited green areas available in this project, we are not able to comment on the conceptual landscape plans at this time. Each area with water meters, backflow preventers and the like will have to be reviewed on a case -by -case basis to determine what landscaping will be acceptable in that area. Please call if you require additional information. Sincerely, S C ST UTILI'T'Y ORITY 1N� wlb cD 866I yae� b Bruce Gregg ►� ��aiD�p� '� ,l Director of Operations ad F, cc: R. Bishop J. Lance S. Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2198 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 OCT -26 -1998 14:43 L.BF &H - STURRI 5 — - - -- b1 Gt3b JyGJ r'. YJliF�7 bb me 0 LINDAHI, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS / V MEMORANDUM oar ° {peg 1,9g TO: Marty Minor FROM: Tammy Jacobs '='U DATE: October 26, 1998 SUBJECT: The Commons — Parcel 1 (LBFH File No 98 -0005) We have reviewed the revised Conceptual Drainage Plan prepared by Keshavaraz & Associates, Inc., Site Plan prepared by Oliver & Glidden & Partners, Boundary and Topographic Survey by Lidberg Land Surveying, Inc. and Landscape Plan prepared by Environment Design Group received October 1, 1998. We offer the following comments: 1) Previously Satisfied. 2) Conditionally Satisfied. Prior to City Council approval, a meeting shall be held with the applicant's representative, Public Works Department, Planning & Zoning Deparituent and Engineering Department to achieve a mutually acceptable canal cross - section and provide a sufficient maintenance shelf and landscaping acceptable to the City. 3) Conditionally Satisfied. The applicant has provided typical parking details showing the 2' overhang area as a raised paver section with type "D" curb. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the paver color A and color B as well as the contrasting pavers for stripping and symbols. 4) Conditionally Satisfied. Prior to construction plan approvals the combination of bollards, pedestrian walkway lighting and Crepe Myrtles shall be adjusted such that.one bollard, light - pole or tree is placed at the center of each parking space abutting the pedestrian plaza to provide additional preventative measures to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. The applicant should refer to Parcel 2, Landscape Plan, sheet L2. 5) Satisfied. The applicant has revised the site plan and landscape plan to shown all existing easements as shown on the boundary survey. 6) Satisfied. The applicant has provided a revised trip generation analysis demonstrating that the proposed changes dated July 13, 1998 result in less new external PLD traffic. 3534 S.W. CORPORATE PARKWAY • PALM GIN FLORIOA 34990 • (561) 286 -3883 • FAX. (561) 286.3925 http: /Av".Iblh.com • c -mail: inbObfh.com PALM CITY WEST PALM: MEACIf - •' 1 roRT PIFRCE : OKEECHODEE UL� I - eo -77ya 144;44 Lf3r 75 r1 - 5I UHK I moo♦ coo .+�ca r , r.�e ev The Commons — Parcel l (LBFH File No 994M5) 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 10) Conditionally Satisfied. The applicant has provided a stop sign at the south end of the entrance drive aisle from PGA Boulevard. Prior to construction plan approval, the applicant will need to add a "stop ahead" sign (W3 -1) due to the curvature of the drive aisle. 11) Satisfied. The applicant has provided a typical detail of the proposed type `D' curb. 12) LDR Section 118 -567 requires loading spaces to be a minimum of 12' x 35'. The applicant is proposing two loading spaces at 14' x 32'. We support the City's LDR requirements. 13) Previously Satisfied. 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Previously Satisfied. 19) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. 20) Satisfied. The survey drawing prepared by Lidberg Land Surveying has been revised to identify Parcel I, II, and III in the same manner as the site plan, landscape plan, drainage plan, etc. 21) Previously Satisfied. 22) Conditionally Satisfied. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. 23) Conditionally Satisfied. Prior to construction plan approval, the applicant shall provide documentation of the recorded easement with peoples Gas, provide a letter of authorization OCT -26 -1998 14:44 LBF &H — STUART 561 286 3925 P.03i09 The Commons — Parcel l (LBFH File No 98-MS) from Peoples Gas allowing the applicant to pave and landscape within said easement and show said easement on the site plan and landscape plan. 24) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the continuation of the gas main on the site plan and landscape plan. 25) Previously Satisfied. 26) Satisfied. Residential buildings 1131 and 1120 have been moved such that they no longer impede upon the 12' FPL easement. 27) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show and identify each handicap ramp on the site plan. 'there shall be no conflicts with proposed bollards, light poles or trees (see continent number 4). The entire handicap ramp shall be unencumbered. 28) Satisfied. The westbound left -turn deceleration lane at PGA Boulevard has been extended to 320 feet to accommodate existing and proposed traffic from this project. 29) Previously Satisfied. 30) Previously Satisfied. 3 1) Previously Satisfied. 32) Previously Satisfied. TJ PV110MEMOl000051- Parcel 1.doc c: Bobbie Herakovich Roxanne Manning 1 g n � k rL vi Q ��ij Q0 =1 L � L C L V O pNF� 0 t_ $ <o Ti,� ■!� ��� � O F 300 i 'O • C � 'fl x i ° CAI J } o° L �JJ�JJ L� �yy^ ORCL � Q ■_,. .ram ®� 4 `( g n � k rL vi 0 Q ��ij Q0 =1 L � L C L V 0 t_ $ <o kb a99 ■!� ��� � 300 i 0 • 0 � ff 8 } o° L �JJ�JJ L� �yy^ 0 Q ��ij Q0 =1 L � L C L V 0 t_ $ <o ®v cl 300 0 ° 0 CL 0 ',J3[ X 101 j jig J jj� r, fit. 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Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved w /conditions ACM Current FY [ ] Denied Human Res. NA Other NA Funding ource: g [ ]Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other -Site Plan Comments from City Engineer — Comments from City Forester - Comments from Seacoast Utility Authority —TABLE 1 • Existing Land Use & Zoning and Site [ ] Not Required Analysis Submitted by:� Growth Management -Affected parties Budget Acct. #: Director [ ] Notified [ ] None Approved by: City Manager [ ] Not required The property is currently owned by the John D. And Catherine T. MacArthur Foundation, but is under contract for purchase by the Channing Corporation XXX. The Channing Corporation XXX intends to develop the north section of the parcel as a mixed use development by providing a mix of retail, restaurant, residential, and office uses including general and medical office uses. The development is proposed to include 8 apartment units totaling 10,420 square feet, 6,606 square feet of general office use, 7,150 square feet of medical office use, 12,654 square feet of general retail use, 3,300 square feet of indoor restaurant use and 1,675 square feet of outdoor restaurant use. The south section of the parcel is zoned as Residential - High Density (RH), and is proposed to include 17 multi- family dwelling units. The development will occur in a single phase. PROJECT DETAILS: RESIDENCES: The 17 multi - family dwelling units proposed for the parcel will be three (3) and four (4) unit townhomes. The units are all two (2) stories with one (1) story edges. The residential lots are typically 85 to 95 feet in depth, and are between 24 feet and 61 feet in width. The residential lots will be sold on a fee simple basis. All of the residential units will be afforded a view of the canal to the south of the proposed development. The residential portion of the project may be accessed from Hickory Drive or from the commercial portion of the development. A public gathering place within the residential portion of the proposed development (see Site Plan) will allow residents the opportunity to socialize outdoors. The gathering place is connected to the commercial portion of the proposed PUD and will allow a simple pedestrian connection between the site's uses. The commercial portion will include eight (8) apartments located over the commercial businesses. These apartments shall be rental units that vary in size between 895 square feet and 1,443 square feet. OPEN /COMMON SPACE: Several areas have been provided for public use. These open areas are intended to be used as meeting places by residents, employees, and patrons of the development. Specialty pavers and fountain features are proposed throughout the entire development. There is one major area that is a major focal point within the parcel, and is delineated on the site plan. The focal point will be supported by landscaping and a piece of artwork, and will be the most northerly link between the commercial and residential portions of the proposed PUD. LANDSCAPING; The existing sidewalk system along PGA Boulevard will be slightly realigned as a result of this project, but will remain with connections branching southward to provide access to the subject property. Oak trees will line the sidewalk system and provide shade for pedestrians. Within the focal area or gathering place will be a formal and open landscape architectural theme. This will allow views for passers -by without having a walled effect. Informal and more closed landscape architecture will occur between the gathering place area, which will provide more privacy and will "soften" the effect of the structures. WASTE MANAGEMENT.• All dumpsters within the retail and office portion of the site will be located indoors in ventilated rooms in rubber containers, for the cafe and restaurants, will be air - conditioned and the trash will be bagged so as to reduce noise and minimize their impact on the development by screening them from the public's view. Waste Management, Inc. supports this plan, subject to the conditions that all of the dumpsters will be wheel -out dumpsters, and all of the loading zone areas will be walled with a six (6) foot high wall. Townhomes will have driveway pick -up. PARKING: The number of parking spaces required for the townhomes is 44, and 57 spaces are being provided. The number of parking spaces being provided for the mixed -use section (commercial /apartments) is 170. The justification for the 170 parking spaces in the mixed - use section is detailed in an analysis prepared by David Plummer & Associates dated July 13, 1998 that indicates peak period parking utilization and hourly variations (see attachment). Staff also reviewed the parking for the mixed -use section based on the criteria used for shopping centers (1/200 square feet), and estimated the required parking for the mixed -use section to be 210 spaces. SIGNAGE. No signage is being proposed as part of this application. The applicant requested additional time to determine the exact type of signage and appropriate location thereof. When a signage package is completed, the applicant shall submit it to the City for review and approval. BUFFERS: Although there is an existing hedge between the subject property and the Woodland Lakes condominium project to the west, no new hedges, walls, or fences are being proposed around most of the development. A six (6) foot high wall, however, is being proposed along the parking area to buffer the residential district to the south from the proposed commercial area. WALKWAYS: Sidewalks created with specialty pavers will provide pedestrian access to the site from the existing sidewalk within the 55 foot buffer area along PGA Boulevard. Sidewalks are also proposed within the residential portion of the development along both sides of the street (Hickory Drive). A walkway is proposed from the southern residential area to the northern portion of the site connecting all uses proposed on the property. This walkway will be delineated by pavers with a different color, texture, and scale than those used in vehicular areas. The walkway will be slightly raised and will act as a traffic calming device. Traffic 5 calming is also encouraged by the use of trees along this walkway. Landscaping along the edge of the walkway will also help to identify it as a pedestrian area. SITE ACCESS: Vehicular access to the site is proposed from three (3) locations. One (1) access is directly off of PGA Boulevard at the western -most edge of the subject property, and the other two (2) are located along Hickory Drive on the east side of the property. One hundred feet have been provided for stacking at the PGA Boulevard egress, and at the most northerly Hickory Drive egress point. City traffic engineers have found that this project meets concurrency. LIGHTING: The pedestrian areas will be highlighted with "acorn hat" light fixtures to provide adequate light for safety purposes and also to establish a residential environment within the pedestrian areas. The vehicular areas, however, will be lighted by 25 foot high top mounted poles. STAFF'S REVIEW & COMMENTS: Building Division: Building Official Jack Hanson has reviewed the plans and has indicated that he has no concerns regarding the project at this time. Mr. Hanson could not comment on the signs because a detailed sign package has not yet been submitted. Engineering: Assistant City Engineer Tammy Jacobs has reviewed the revised plans for the proposed project, and her comments are attached to this report. Mrs. Jacobs has recommended several conditions of approval, which have been included in the list of conditions for approval put forth in this report and the ordinance drawn up for this project. Utilities; Seacoast Utility Authority has requested the applicant submit conceptual utility service (water, sewer, gas and wire) plans for review (see attachment). Fire Scott Fetterman, Assistant Chief /Fire Marshall, has no further concerns regarding access. Police Department: The Police Department has submitted a list of recommendations to which the applicant has responded. Sergeant Jay Spencer is continuing to request a pedestrian connection across the entrance to Avenue of the PGA and the western entrance to Parcel 2 as shown at the entrance to Hickory Drive and the eastern entrance to Parcel 3. He is also requesting two (2) additional deceleration lanes along PGA Boulevard (eastbound); the first at the western Z entrance to Parcel 2, and the second at the entrance to Hickory Drive. The applicant has responded that the number of expected turning movements does not warrant more deceleration lanes based on the City's traffic impact review. Planning & Zoning Division: City Forester Mark Hendrickson has also reviewed the plans and has made several comments and suggestions regarding this project. Mr. Hendrickson's comments are attached to this report, and include his comment that the required 15 -foot landscape buffer along Hickory Drive (adjacent to a residential area) is not shown on the plans. Mr. Hendrickson has added some conditions of approval, which require the applicant' to maintain landscaping in the medians on Hickory Drive and within the canal easements. The applicant shall also be required to pay half of the maintenance costs for the medians adjacent to the site along PGA Boulevard. Public Works Department., Bob Patty, Public Works Director, has also reviewed the plans and has made three comments regarding the project and the need to properly maintain the water /drainage conveyance of the canal on site. First, Public Works will need an access point into the area surrounding the canal and an access point out of the area (2 access points total). Secondly, Public Works needs a twenty (20) foot maintenance easement or clear zone next to the canal. Finally, the ground cover along the bank of the canal shall be short in height. These requests have been added as conditions of approval. The applicant has submitted a canal cross - section acceptable to Mr. Patty. It is now being considered by South Florida Water Management District. On October 28, 1998 the applicant met with City Staff to discuss the proposed cross - sections. The applicant has agreed to submitting detailed cross - sections to the City Engineer for approval. The applicant is currently working on the final details of the landscaping along the canal banks. City Attornev. The City Attorney, Carol Post, has requested the applicant submit its proposal for a land use covenant for further review. Mrs. Post has requested that the applicant submit a phasing plan in order to sequence the construction on commercial units and construction of dwelling units. Mrs. Post has also indicated that this petition includes a re- zoning, and is quasi - judicial in nature; final approval of this application is subject to approval of the applicant's request for a land use change. Other Issues: The applicant had submitted a list of possible uses for consideration on the site. Staff has responded by providing a list of permitted uses, which are listed as a condition of approval. The applicant has submitted revised plans in response to Staff comments and those of the Planning and Zoning Commission (submittal date - 9/29/98). PLANNING & ZONING COMMISSION RECOMMENDATION (monitoring entity): This petition was heard by the Planning and Zoning Commission on August 25, 1998 as a workshop and on September 22, 1998 as a recommendation to City Council. The Commission recommended approval of this project with a vote of 4 - 0. The Commission had the following conditions: 1. The following uses shall be permitted with the Planned Unit Development: As permitted use, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district; apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio, gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; gymnasium and fitness center; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting good store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (no overnight pets); pet shop, including overnight pets (in a soundproof building); and china, crockery, glassware and earthenware shop. (Planning & Zoning) 2. The applicant shall provide a 20 foot access easement, in a form acceptable to the City, for the canals adjacent to the subject property. (Planning & Zoning, Code Enforcement, City Attorney) 3. Prior to construction plan approval, the applicant shall provide on the construction plans two (2) access points, both into and out of the canal area. (Building) 4. The applicant shall ensure that the ground cover along the bank of the canal shall not exceed three (3) feet in height. (Public Works) 5. The applicant and successors shall maintain the landscaping within the canal easement south of the project from Hickory Drive west to a line perpendicular to their western terminus. (Public Works) 6. Upon drafting of Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (City Attorney) 7. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up and wheeled back z 18. The applicant and successors shall pay one -half ('/) of the continuous maintenance cost for 430 linear feet to the City for the maintenance of the median of PGA Boulevard. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant and /or its successors /agents. (Public Works, Finance) 19. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks, and all four sides of the buildings including garage areas, shall be indicated on the construction plans. (Building) 20. All conversions of uses shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (Planning & Zoning) 21. The selection of lighting styles shall be coordinated with the City Manager in order to be compatible with the lighting style and design of the new municipal complex. (Administration, Planning & Zoning) STAFF RECOMMENDATION (monitoring entity): The Growth Management Department recommends approval of petition PUD -98 -04 with the previously listed conditions from the Planning and Zoning Commission, and the following condition: 1. Prior to the issuance of the first building permit, sidewalks on both sides of Hickory Drive shall be indicated on the construction plans and be completed prior to the issuance of the first Certificate of Occupancy. (Building) g/short: pud9804.cc TABLE I EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING FUTURE LAND USE Subject Property Residential Medium Residential High Density Vacant Density (RM) (RH) Residential Medium Density (RM) North Residential Medium Residential Medium Residential Density (RM) Density (RM) South Planned Unit Dev. (PUD) Residential Low Density Residential with underlying RM (RL) East Residential Medium Residential Medium Vacant & Residential Density (RM) Density (RM) Residential Low Residential Low Density Density - 2 (RL2) (RL) West Planned Unit Dev. (PUD) Residential Medium Residential with underlying RM Density (RM) (Woodland Lakes) MIXED USE DEVELOPMENT (MXD) DISTRICT'S CONSISTENCY WITH THE COMPREHENSIVE PLAN (also See Attachment). REQUIREMENT PROJECT PROPOSAL CONSISTENT? Shall be developed as a PCD or a PUD. Proposed to be developed as a PUD. YES Shall have frontage on at least one arterial. Proposed to abut PGA Boulevard. YES Shall include a minimum of 2 of the other Proposed to develop both residential and YES Future Land Use Categories, including Resi- commercial on the site. dential, and having no use comprise more than 60% of the area. The individual uses, buildings, and/or Proposed project has interconnecting YES development pods within MXD districts walkways, and facilities for residents and shall include interconnecting pedestrian customers to gather. These public use ways and plazas and shall provide facilities include plazas, gazebos, a lawn, connections to the Parkway System. and a fountain. into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) 8. The project signage package shall be subject to review by the Planning and Zoning Commission for its recommendation and by the City Council for its consideration of approval. (Planning & Zoning) 9. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the paver color A and color B as well as the contrasting pavers for striping and symbols. (City Engineer) 10. Prior to construction plan approval, the applicant shall provide additional preventive measures to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. (City Engineer) 11. Prior to construction plan approval, the applicant shall show and identify the bollards on the site plan, sheet SP -2 -A. (City Engineer) 12. Prior to construction plan approval, the applicant shall provide documentation showing that the existing 10 -foot Seacoast Utility Authority easement has been abandoned. (City Engineer) 13. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 14. Prior to construction plan approval, the applicant shall provide written authorization from each of the utility owners affected by this site plan, allowing the applicant to pave and landscape within said easements. (City Engineer) 15. Prior to the issuance of the first Certificate of Occupancy for mixed -use buildings, a building permit shall be issued for the first townhouse building and /or sales model. The townhouse building and /or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed -use buildings. (Building) 16. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 15,000 square feet of recreation credits for Parcel 2 from the Foundation credit pool. (Building) 17. The applicant and successors shall maintain the landscaping within the road shoulder and medians east of their project within Hickory Drive from the intersection of PGA Boulevard south to the canal at their southern terminus. (Code Enforcement) 2 REQUEST: A request by Urban Design Studio, agent, for Channing Corporation XXX for rezoning and approval of a 8.997 acre, mixed -use, planned unit development (PUD). The proposed project contains residential, general office, medical office, retail, and restaurant uses, and is located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive. See table below. Residential: Office: 44,595 s.f. 11 13,756 s.f. General Retail: Restaurant: 12,654 s.f. 11 4,975 s.f. & 223 seats I I Indoor: Townhomes 3,300 • , : seats 34,175 s.f. 8 Apartments Medical: Outdoor: The development will occur in a single phase. BACKGROUND: The applicant is requesting for rezoning to a PUD District. The proposed use of the property will be consistent with both the existing land use designation of RH on the southern portion of the property, the existing land use designation on the easternmost portion of the property and the proposed land use designation of MXD (mixed use) on the northern portion of the property. The Commons - Parcel 2 is an 8.997 acre tract of vacant land located on the south side of PGA Boulevard, immediately west of its intersection with Hickory Drive. To the west of the subject property is the established Woodland Lakes condominium project. Immediately to the east of the subject property is vacant land, also under contract to be developed by the Channing Corporation XXX, as The Commons • Parcel 3. To the south of the subject property is a residential development. The subject, property currently has land use designations of RM - Residential Medium Density and RH - Residential High Density; however, an application has been filed to amend the Land Use Plan designation for the most northerly 4.0 acre portion of the property to a designation of MXD - Mixed Use. The subject property currently has a zoning designation of RM - Residential Medium Density. The applicant is requesting a zoning designation of Mixed Use Planned Unit Development (PUD) for the entire 8.997 acre parcel. MIXED USE DEVELOPMENT (MXD) DISTRICT'S- CONSISTENCY WITH THE CITY CODE OF ORDINANCES REQUIREMENT PROJECT PROPOSAL CONSISTENT? PARKING for townhomes 57 spaces YES shall be at least 44 spaces. PARKING for mixed -use 170 spaces NO (deviation) section shall be at least 210 spaces (shopping center criteria of 1 space per 200 square feet). SETBACKS (for townhomes): Front = 30 feet 10 feet NO (deviation) Front to garage = 20 feet 20 feet YES Sides = 20 feet 4 feet NO (deviation) Rear = 20 feet 11 feet 3 inches NO (deviation) &bf 0 LINDAHL, BROWNING, FERRARI & HELLSTROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: October 26, 1998 SUBJECT: The Commons — Parcel 2 City oI Q.B. Gardens pCT 27 1998 GROWTH MANAGEMENT DEPWMF." 7 (LBFH File No 98 -0005) We have reviewed the revised Conceptual Drainage Plan prepared by Keshavaraz & Associates, Inc., Site Plan prepared by Oliver & Glidden & Partners, Boundary and Topographic Survey by Lidberg Land Surveying, Inc. and Landscape Plan prepared by Environment Design Group received October 1, 1998. We offer the following comments:. 1) Previously Satisfied. 2) Conditionally Satisfied. Prior to City Council approval, a meeting shall be held with the applicant's representative, Public Works Department, Planning & Zoning Department and Engineering Department to achieve a mutually acceptable canal cross - section and provide a sufficient maintenance shelf and landscaping acceptable to the City. 3) Conditionally Satisfied. The applicant has provided typical parking details showing the 2' overhang area as a raised paver section with type "D" curb. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the paver color A and color B as well as the contrasting pavers for stripping and symbols. 4) Conditionally Satisfied. The applicant has provided bollards at the center of each parking space abutting the pedestrian plaza. However, the bollards are shown only on the landscape plan, sheet L2, and are not shown on the site plan, sheet SP -2 -A. Prior to construction plan approval, the applicant will need to show and identify the bollards on the site plan, sheet SP -2 -a. 5) Conditionally Satisfied. The applicant has revised the site plan and landscape plan to shown all existing easements as shown on the boundary survey. Prior to construction plan approval, the applicant will need to provide documentation showing the existing 10' SUA easement has been abandoned. 6) Satisfied. The applicant has provided a revised trip generation analysis demonstrating that the 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 The Commons — Parcel 2 (LBFH File No 98 -0005) 2 proposed changes dated July 13, 1998 result in less new external PUD traffic. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 10) Satisfied. Two additional stop signs have been added at the residential egress lanes at Hickory Drive. 11) Satisfied. The applicant has provided a typical detail of the proposed type `D' curb. 12) LDR Section 118 -567 requires loading spaces to be a minimum of 12' x 35'. The applicant is proposing two loading spaces at 14' x 32'. We support the City's LDR requirements. 13) Previously Satisfied. 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Previously Satisfied. 19) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. 20) Satisfied. The survey drawing prepared by Lidberg Land Surveying has been revised to identify Parcel I, II, and III in the same manner as the site plan, landscape plan, drainage plan, etc. 21) Previously Satisfied. 22) Conditionally Satisfied. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. 23) Previously Satisfied. The Commons — Parcel 2 (LBFH File No 98 -0005) 24) Previously Satisfied. 25) Previously Satisfied. TJ P:\PBGMEMO \00005iL- Parcel 2.doc c: Bobbie Herakovich Roxanne Manning Memo To File From: Mark Hendrickson, City Forester 910 Subject: PUD- 98 -04, The Commons Parcel 2 Date: October 27, 1998 I have reviewed the above - referenced project's plans and provide the following comments: The petitioner is proposing to change the PGA Boulevard Landscape Plan/Sidewalk Plan approved by City Council by Resolution 23, 1994. If approved, the new ordinance should reference that the Commons Parcel 2 is partially modifying Sheet 5 of the PGA Boulevard Streetscape approved by said resolution, specially the south side of PGA Boulevard west of Hickory Drive-to the Woodland Lakes PUD eastern boundary. I do not support any open space waiver to the western buffer area. The proposed mixed use land use designation has commercial uses involved and should have a 15' wide buffer with a 100% opaque visual barrier per Section 118- 279(h). The developer states that because Woodland Lakes has so much open space, their project does not need a 15' wide buffer. They want to utilize their area for parking. This is a vacant piece of property with no restrictions on it to prevent a developer from building a project per code. The proposed buildings do not have to be reduced in size. The paved areas between the buildings can be reduced in width in order to meet code. The City has a history of not allowing parking within buffers, and not letting one developer reduce their buffer just because an adjacent project has exceeded the standard. Every project should stand on its own merits. I recommend the following conditions, if this project goes forward to City: 1. The applicant and successors shall maintain the landscaping within the road shoulder and medians east of their project within Hickory Drive. 2. The applicant and successors shall maintain the landscaping within the canal easement south of their project from the eastern terminus near Hickory Drive west to a line approximately perpendicular to their western terminus. 3. The applicant and successors shall pay one -half (1/2) of the continuous maintenance cost for 430 linear feet to the City for the maintenance of the median of PGA Boulevard. A reasonable fee shall be determined annually by the City, paid in quarterly installments by the property owner, commencing on the first of November. Seacoast Utility Authority EXECUTIVE OFFICE: October 5, 1998 VIA FAX: 775 -1014 Mr. John C. Lindgren II City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: The Commons Parcel 2 Dear Mr. Lindgren: Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410 -9602 We offer the following comments on your transmittal dated September 30, 1998 concerning the referenced project. 1. The conceptual utility plans submitted by the applicant do not show gas or wire utility (FPL, BellSouth, CATV) corridors. In addition we need to know the proposed locations of grease traps for the various of restaurants tenants, as well as the location of water meters, backflow preventers and firelines. 2. Due to the limited green areas available in this project, we are not able to comment on the conceptual landscape plans at this time. Each area with water meters, backflow preventers and the like will have to be reviewed on a case -by -case basis to determine what landscaping will be acceptable in that area. Please call if you require additional information. Sincerely, SE C ST UTILITY A ORIT Y Ig Bruce Gregg = W Director of Operations 4*4 !� i ad � cc: R. Bishop I ,< J. Lance S. Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2198 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 19, 1998 Date Prepared: November 10, 1998 Subject/Agenda Item Workshop for petition PUD- 98 -05, a request by Urban Design Studio, agent for Channing Corporation XXX for rezoning of a parcel to Planned Unit Development (PUD) and approval of a mixed -use project with 53 residential units, and 72,450 square feet of commercial business. The 12.266 -acre site is located on the south side of PGA Boulevard, immediately east of its intersection with Hickory Drive. (12- 42S -42E) Recommendation /Motion: Staff recommends that the petition be discussed at a workshop Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved wlconditims ACM Current FY [ ] Denied Human Res. NA Other NA Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Site Plan City Engineer Comments City Forester Comments Seacoast Utility Authority (]Not Required Comments Submitted by-� Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City Manager ( ] Not required BACKGROUND: The Commons Parcel 3 is a 12.266 acre tract of vacant land located on the south side of PGA Boulevard, immediately east of its intersection with Hickory Drive. To the east of the subject property is vacant land, which is zoned Commercial. Immediately to the west of the subject property is vacant land, also under contract to be developed by the Channing Corporation XXX, as The Commons Parcel 2. Directly to the south of the subject property is a canal. Further south of the canal is a residential development, which is part of the JDM plat. Agenda Cover Memorandum Page 2 Date: November 19, 1998 The property is currently owned by the John D. and Catherine T. MacArthur Foundation, but is under contract for purchase by the Channing Corporation XXX. The Channing Corporation XXX intends to develop the entire parcel as a mixed use development by providing a mix of retail, restaurant, residential, and office uses including general and medical office uses. See table below. Residential: Office: General Retail: Restaurant: .21 Townhomes General: 32,861 s.f. Indoor: 42,171 s.f. 22,609 s.f. 8,200 s.f. (369 seats) 32 Apartments Medical: Outdoor: 37,932 s.f. 5,420 s.f. 3,360 s.f. (424 seats) The development will occur in a single phase. REVIEW PROCESS: This is a request for rezoning and PUD approval. The PUD request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Planning and Zoning Commission. After review of the proposed PUD at a workshop meeting, the planning and zoning commission shall schedule a public hearing for which the applicant shall provide proper notice to surrounding property owners. At this meeting, the planning and zoning commission shall prepare a record of the proceedings and transmit them to the City Council, along with their recommendation. The City Council shall hold a public hearing after giving due public notice. The City Council reviews the request for PUD approval for consideration of approval, approval with conditions, or denial. The City's Development Review Committee (DRC) discussed the request at their August 18, 1998 meeting. A listing of the various departmental comments is attached for your review. LAND USE AND ZONING: The subject property currently has a land use designation of RM - Residential Medium Density; however, an application has been filed to amend the Land Use Plan designation for the most northerly 9.6 acre portion of the property to a designation of MXD - Mixed Use. The subject property currently has a zoning designation of RM - Residential Medium Density. The applicant is requesting a zoning designation of Mixed Use Planned Unit Development (PUD) for the entire N Agenda Cover Memorandum Page 3 12.266 acre parcel. Date: November 19, 1998 Due to the location of this property on PGA Boulevard and the requirements of the PGA Boulevard corridor overlay, the proposed development will trigger the requirement for a rezoning to a Planned Unit Development District. In addition, all mixed use districts are required to be developed as PUDs. Therefore, the applicant is also requesting for rezoning to a PUD District. PROJECT DETAILS: Traffic Concurrency Vehicular access will be provided from Hickory Drive at the westernmost edge of the property and from the commercial portion of the development off PGA Boulevard (see site plan). One hundred feet have been provided for stacking at all egress points. Some traffic improvements will be required as a result of this development. They include: A southbound left turn lane along Hickory Drive. A westbound left turn lane along the PGA Boulevard full access entrance. City traffic engineers have found that this project meets concurrency. Residential Buildings Twenty -one of the residential units proposed for the parcel will be two, three and four -unit townhomes. The units are all two stories with one story edges. The residential lots are typically 85 feet in depth and between 25 and 40 feet in width and will be sold on a fee simple basis. Commercial Buildings There are twelve commercial buildings proposed, which will be one, two and three stories. Four of the buildings with have three stories with apartments above retail. The parking lot will be screened from the adjacent homeowner's view with a 6 foot buffer wall. With eight units per building, these apartments will be on both the second and third floors of these buildings and will range in size from 811 square feet to 1,443 square feet. Providing residential units above commercial uses is one of the unique combinations mixed use development allows. Waste Management Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. Dumpsters will be located indoors on the first floors in the rear of the buildings along with a few covered parking spaces (see site plan for number and location). Waste Management, Inc. supports this plan, subject to the conditions that all of the dumpsters will be wheel -out dumpsters, and all of the loading zone areas (which will be located adjacent to the dumpster areas) will be walled with a six (6) foot high wall. Public Places Ica Agenda Cover Memorandum Date: November 19, 1998 Page 4 There are three public gathering places proposed within the commercial /apartment portion of the proposed development (see site plan). One will be a primary gathering place and the other two are secondary. These areas will be heavily landscaped and will contain public artwork. Connected to the commercial portion of the proposed PUD, these gathering places will allow a simple pedestrian connection between the site's uses. Specialty pavers and fountain features are proposed throughout the commercial portion of the development with multiple connections to sidewalks. Sidewalks and Pedestrian Areas The existing sidewalk system along PGA Boulevard will be slightly realigned as a result of this project, but will remain with connections branching southward to provide access to the subject property. Oak trees will line the sidewalk system and provide shade for pedestrians. Within the focal area or gathering place will be a formal and open landscape architectural theme. This will allow views for passers -by without having a walled effect. Informal and more closed landscape architecture will occur between the gathering place area, which will provide more privacy and will "soften" the effect of the structures. Sidewalks created with specialty pavers will provide pedestrian access to the site from the existing sidewalk within the 55 foot buffer area along PGA Boulevard. Sidewalks are also proposed within the residential portion of the development along both sides of the street. A walkway is proposed from the southern residential area to the northern portion of the site connecting all uses proposed on the property. This walkway will be delineated by pavers with a different color, texture, and scale than those used in vehicular areas. The walkway will be slightly raised and will act as a traffic calming device. Traffic calming is also encouraged by the use of trees along this walkway. Landscaping along the edge of the walkway will also help to identify it as a pedestrian area. The pedestrian areas will be highlighted with "acorn hat" light fixtures 14 feet high to provide adequate light for safety purposes within the pedestrian areas. The applicant plans to coordinate with the City Manager to provide lighting along PGA Boulevard similar to the proposed lighting at City Hall. The vehicular areas will be lighted by 25 foot high top mounted poles. Two styles of decorative wall- mounted lights have been submitted as well. Parking The site plan proposes 424 parking spaces for the commercial /apartments portion and 68 spaces for the townhome units. Staff reviewed the parking for the nonresidential area based on the criteria used for shopping centers (1 /200s.f.). The applicant has also submitted a parking analysis indicating peak period parking utilization and hourly variations (see attached). Parking spaces closest to the commercial buildings will have a paving tapestry for a decorative effect. In addition, a six- foot -high wall is being proposed to buffer the residential district to the south from the proposed commercial area. Signage No signage is being proposed as part of this application. The applicant will submit a sign package at a later date, subject to review and approval by the City. However, the applicant has submitted a color scheme, which will be presented at this meeting. 0 Agenda Cover Memorandum Date: November 19, 1998 Page 5 CODE COMPLIANCE: Planned Unit Development :i Required/ Proposed osed I ComEm.......................... pliance liance I Allowed Land Use RM - Residential MXD - Mixed Use (9.6 acres) Land use Medium RM - Residential Medium (2.67 acres) change L proposed Zoning RM - Residential Mixed Use Planned Unit Development Rezoning Medium proposed Front Setback 30' Duplex: 10'@ building front I Deviation from 20'@ garage code Multi- units: 10'@ building front, 20' @ garage � Side Setback 10' Duplex: 6' I Deviation from Multi -unit: 5' I code I � Side Corner 20" Multi -unit: 10' Deviation from Setback code Rear Setback 20' Duplex: 15' Deviation from Multi-unit.- 10' I code ` I Building 36' Duplex: 26'5 1/2" Yes Height Three -unit townhome: 26'4" (Max) Four -unit townhome: 26'4" � Building Maximum height of I 2 -Story Building Type A/B: I To be Height buildings in a PUD 30'8 3/4 "Main Building determined (Max) shall be established 44'8 1/2" Tower by City Council CG1: Maximum 3 -Story Building Type A/B: To be height 36' 43'3 1/2 "" Main Building determined 54'2 1/2" Tower Building Type C: 26'3 1/2" Yes Building Type D: 26'3 1/4" Yes :i Agenda Cover Memorandum Date: November 19, 1998 Page 6 Open Space Mixed Use: 15% Mixed Use: 45% Yes - Res. Medium: 35 / Res. Medium: 58% I 1 'Par km 9 Shopping m Center PP 9 1 200 424 396 required ulred accordin to ( 9 9 Consistent with pedestrian ways Y s and per s.f. Parking Analysis attached to sis, A pp licant's Analysis, - provide connections 72 450/200 = 362 i th s report) P but not w/ Shopping System. Center requirements ents 2spaces per a t. 68 provided in residential area 0 5 /o 9 uest 32 aces a ts. = 67 spaces P 429 Total R eq uirect Parking km 9 1 ' 0 x 18.6' 10' x 16'6" w/ 2 ft raised aver in p Yes Dimens ions son ns I lieu of wheel stops P I a Roadway Shall have frontage Proposed to abut PGA Blvd. Yes Frontage on at least one arterial. Use Shall include a min. Proposed ed to develop both Yes '= Requirements 2 of the other residential and commercial on Future Land Use the site Categories, including 9 Residential and n having no use comprise more than .......... ° 60/o of the area. The individual uses, Proposed project has intercon- Yes buildings, s and /o r pectin walkways, s . and facilities dev-elo me pods ods P for residents and customers to »� Win MXD districts g ather. These public use shall include facilities include P lazas Interco e = nn ct In 9 gazebos, a lawn, and a fountain. 9 , pedestrian ways Y s and plazas and shall - provide connections to the Parkway System. DEPARTMENTAL COMMENTS Building Building Official Jack Hanson has reviewed the plans and has indicated that he has no concerns regarding the project at this time. Mr. Hanson could not comment on the signs because a detailed sign package has not yet been submitted. Engineering Assistant City Engineer Tammy Jacobs has reviewed the latest submission of plans (9- 29 -98) and had comments, which are attached to this report. She has recommended six conditions of G Agenda Cover Memorandum Page 7 approval. Date: November 19, 1998 At the DRC meeting of August 18, 1998, some discussion occurred about the required 10' x 18.5' spaces and the number of handicap spaces. The applicant is requesting consideration for 16'6" parking spaces, with a 2 foot raised paver instead of wheel stops. This proposal is being reviewed by the City Engineer. Staff has no objection to this proposal. Utilities Seacoast Utility Authority has some concerns, which have not been addressed as of the writing of this report. Please see the attached letter. The applicant has agreed to resolve this issue prior to this meeting. Fire Scott Fetterman, Assistant Chief /Fire Marshall, has no further concerns regarding access. Police The Police Department has submitted a list of recommendations to which the applicant has responded. Sergeant Jay Spencer is continuing to request a pedestrian connection across the entrance to Avenue of the PGA and the western entrance to Parcel 2 as shown at the entrance to Hickory Drive and the eastern entrance to Parcel 3. He is also requesting two additional deceleration lanes on PGA Boulevard (eastbound); one at the western entrance to Parcel 2 and one at the entrance to Hickory Drive. The applicant has responded that the number of expected turning movements does not warrant more deceleration lanes based on the City's traffic impact review. Forester City Forester Mark Hendrickson had also reviewed the plans and had made several comments and suggestions regarding this project. Mr. Hendrickson's comments are attached to this report. He had some concerns about changing the approved PGA Boulevard Landscape Plan /Sidewalk Plan. Mr. Hendrickson has added some conditions of approval, which require the applicant to maintain landscaping in medians on Hickory Drive and within canal easements. The petitioner will also be required to pay half of the maintenance costs for the medians adjacent to the site on PGA Boulevard. Public Works Bob Patty, Public Works Director, has also reviewed the plans and has made three comments regarding the project and the need to properly maintain the water /drainage conveyance of the canal on site. First, Public Works will need two access points both into and out of the canal area. Secondly, Public Works needs a twenty (20) foot maintenance easement or clear zone next to the canal. Finally, the ground cover along the bank of the canal should be of a height acceptable to the City. These requests have been added as conditions of approval. The applicant has submitted a canal cross - section. It is now being considered by South Florida Water Management District. Also, on October 28, 1998 the applicant met with City Staff to discuss 7 Agenda Cover Memorandum Date: November 19, 1998 Page 8 the proposed cross - sections. The applicant will be submitting detailed cross - sections to the City Engineer for approval. The applicant is currently working on the final details of the landscaping along the canal banks. City Attorney The City Attorney has reviewed this petition and has a few concerns. Ms. Post requested a phasing plan in order to sequence the construction on commercial units and construction of dwelling units. The City Attorney has indicated that this petition is a rezoning, and is quasi-judicial in nature; final approval of this application is subject to approval of applicant's request for land use change. Other Issues The applicant had submitted a list of possible uses for consideration. Staff has responded by providing a list of permitted uses, which are listed as a condition of approval. The applicant has submitted revised plans in response to Staff comments and those of Planning and Zoning (submittal date - 9- 29 -98). PLANNING AND ZONING COMMISSION This petition was heard on August 25, 1998 as a workshop and on September 22, 1998 as a recommendation to City Council. The Planning and Zoning Commission approved the petition with a vote of 4 - 0. The Commission had the following conditions: The following uses shall be permitted with the Planned Unit Development: as permitted uses, the permitted and conditional uses found in the Neighborhood Commercial (CN) zoning district; apartments; townhouses; professional and business office; medical and dental office; blueprinting service; art studio; gallery and supplies; commercial photography studio; camera and photographic supplies; tailor; costume /tuxedo rental; locksmith; gymnasium and fitness center; bicycle shop; hardware store; confectionery and ice cream shop; tobacco shop; clothing store; cosmetics'shop; electronics sales and repair; optical store; furniture store; liquor store; food market; shoe store; sporting goods store; toy store; music store; household furnishing store; luggage store; paint and wallpaper store; video rentals (family oriented); veterinarian (no overnight pets); pet shop including overnight pets (in a soundproof building) and china, crockery, glassware and earthenware shops. (Planning & Zoning) 2. The applicant shall provide a 20 foot access easement, in a form acceptable to the City, for the canals adjacent to the subject property. (Planning & Zoning, Code Enforcement, Legal) 3. Prior to construction plan approval, the applicant shall provide on the construction plans two access points both into and out of the canal area. (Building) 4. The applicant shall ensure that the ground cover along the bank of the canal shall not exceed three feet in height. (Public Works) Agenda Cover Memorandum Page 9 Date: November 19, 1998 5. The applicant and successors shall maintain the landscaping within the canal easement south of their project from Hickory Drive east to a line perpendicular to their eastern terminus. (Public Works) 6. Upon drafting of Property Owner Association documents, the applicant shall submit these documents, which shall be subject to review and approval by the City. (Legal) 7. Townhouses shall have driveway, curbside pick -up of trash. Trash from retail, office and rental apartments shall be collected in rubber containers inside the buildings in ventilated rooms. These containers shall be wheeled out for pick -up and wheeled back into the buildings for storage after pick -up. Trash from cafes, restaurants and other food - serving establishments shall be bagged and contained in air - conditioned rooms within the buildings. (Code Enforcement) 8. The project signage package shall be reviewed by the Planning and Zoning Commission for its recommendation and by the City Council for its consideration of approval. (Planning & Zoning Commission) 9. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the paver color A and color B as well as the contrasting pavers for striping and symbols. (City Engineer) 10. Prior to construction plan approval, the applicant shall provide additional preventative measures to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. (City Engineer) 11. Prior to construction plan approval, two additional stop signs and stop bars shall be added in the vicinity of building 3- 5.A.2, to slow vehicular traffic through the east -west drive aisle. (City Engineer) 12. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. (City Engineer) 13. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. (City Engineer) 14. Prior to City Council approval, the applicant shall install a continuous hedge on the south side of the wall located north of the residential unit nearest Hickory Drive. (City Forester) 15. Prior to the issuance of the first Certificate of Occupancy for mixed -use buildings, a building permit shall be issued for the first townhouse building and /or sales model. The townhouse building and /or sales model shall receive a Certificate of Occupancy prior to the issuance of the Certificate of Occupancy for additional mixed -use buildings. 0 Agenda Cover Memorandum Page 10 (Building) Date: November 19, 1998 16. Prior to the issuance of the first building permit, the applicant shall provide a letter from the MacArthur Foundation approving the utilization of 31,800 square feet of recreation credits for Parcel 3 from the Foundation credit pool. (Building) 17. The applicant and successors shall maintain the landscaping within the road shoulder and medians west of their project within Hickory Drive from the intersection of PGA Boulevard south to the canal at their southern terminus. (Code Enforcement) 18. The applicant and successors shall pay one -half (1/2) of the continuous maintenance cost for 850 linear feet to the City for the maintenance of the median of PGA Boulevard. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November following the issuance of the first Certificate of Occupancy. Specific provisions for payment, and revisions thereto, may be addressed by separate agreement between the City and the applicant and /or its successors /agents. (City Forester, Finance) 19. Prior to the issuance of the first building permit, lighting around bicycle racks, telephone kiosks, obelisks and all four sides of the mixed -use buildings including garage areas shall be included on the construction plans. (Building Dept.) 20. Any conversions of uses shall be processed as a PUD amendment, in which the applicant shall submit a Traffic Analysis for City's review and approval. (Planning & Zoning) 21. The selection of lighting styles shall be coordinated with the City Manager in order to be compatible with the lighting style and design of the new municipal complex. (City Manager) Staff recommends the following additional condition: Prior to the issuance of the first building permit, sidewalks on both sides of Hickory Drive shall be indicated on the construction plans and be completed prior to the issuance of the first Certificate of Occupancy. (Building) 10 I I I a� I- "` I V I I qu. I 1 i a' �s o D I II i1 ®eo®n °®Ie 1 r } al o ° i s las 6o' 8 IIIIMIIII I dod Ok P/ML 1 eln PL.A4 ;gq;i � f� tw na 1C -lr"Mm (ari lW 3 a l A AUXED USE DEVELOPMENC date 8 J/ �'� °/3� �i3 §e6i� THE COMMONS d °W b�: MIOII �/�/� I �'ICi fL PALM BEACH GARDENS. FLORIDA i • Z i 1 I I 1 I 1 1 ' I I I i I I ri n o. ro D 0I 5 aa2� �; A a 0 Y dd r 4 Ss y e � r rr S Offver•CMddnn & Potnen Wib a nmmw% k 14M Faun t� WaX I 1W MMt Patin Bsoef� ROM. 334M (�) aeV-0L11 � lsgl e�®o i i our qmn ii►. .iii 0 0 L) Z Ld li7 (*log *c: -ri e®le 81 t r ja B r q 1 OAZ9? V 9 � %. o rp ei fil Qpr a �F 4>1 coo X i o rn9 y v fifi � v 0 rMK Ga g �M 6668 = •a °�. V' `✓' • lice. title: Tc_er2.L! (r'_' t9a name: rc- erncen teA�Ee) €lggl�t��Q 1,@ c9jy ; r 99�ii 1;1.41! A 1 "1 j� ! A?IDCED VSS DBVS[APMFNC THE COMMONS PALM BEACH GARDENS. FLORIDA M)wt na: 9e017 late: 0/15/98 Awn by WX checked by. .n rMelaic7Alive ap /9e e/se/9e y/ ./9e *Oliver•Oliddan Partners AralNeb lac. we. Fst Pdm aum Way, Suits 10D We Beach. w- JJI01 0404-m Im (56.) �4�m OCT -26 -1998 14:47 LBF &H — STUART 561 286 3925 P.07i09 LINDAHL, BROWNING, FERRARI & HELL57ROM, INC. CONSULTING ENGINEERS, SURVEYORS & MAPPERS ' ON MEMORANDUM r ccT TO: Marty Minor Z� FROM: Tammy Jacobs i DATE: October 26, 1998 SUBJECT: The Commons — Parcel 3 (LBF'H File No 98-0005) We have reviewed the revised Conceptual Drainage Plan prepared by Keshavaraz & Associates, Inc., Site Plan prepared by Oliver & Glidden & Partners, Boundary and Topographic Survey by Lidberg Land Surveying, Inc. and Landscape Plan prepared by Environment Design Group received October 1, 1998. We offer the following comments: 1) Previously Satisfied. 2) Conditionally Satisfied. Prior to City Council approval, a meeting -shall be held with the applicant's representative, Public Works Department, Planning & Zoning Department and Engineering Department to achieve a mutually acceptable canal cross - section and provide a sufficient maintenance shelf and landscaping acceptable to the City. 3) Conditionally Satisfied. The applicant has provided typical parking details showing the 2' overhang area as a raised paver section with type "D" curb. Prior to construction plan approval, the applicant shall submit to the City for review and approval samples of the paver color A and color B as well as the contrasting pavers for stripping and symbols. 4) Conditionally Satisfied. Prior to construction plan approval, the applicant will need to provide additional preventative measures to prevent vehicles from jumping the raised curbing and entering the pedestrian plaza. We suggest the use of additional bollards, light poles or trees place at the center of each parking space abutting the pedestrian plaza similar to Parcel 2 Landscape Plan, sheet L2. 5) Satisfied. The applicant has revised the site plan and landscape plan to shown all existing easements as shown on the boundary survey. 6) Satisfied. The applicant has provided a revised trip generation analysis demonstrating that the proposed changes dated July 13, 1998 result in less new external PUD traffic. 35SO S.W. CORPORATE PARKWAY • PALM Cm, FLORIDA 34990 • (561) 286 -3883 • FAX: (561) 2EI<3.3925 httpJAwnx "Ib1h,COm • e -mall: IntO@lbfh.COM FAIM CITY WEST PALM Or.ACH FORT MERLE OKEECHOOF.E OCT -26 -1996 14:47 LSP &H - STUART 561 286 3925 P.08i09 The Commons — Parcel 3 2 (LBFH File No 98 -0005) 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied. 10) Conditionally Satisfied. Prior to construction plan approval the applicant will need to add two additional stop signs and stop bars in the vicinity of building 3 -5.A.2 to slow traffic through the east -west drive aisle. 11) Satisfied. The applicant has provided a typical detail of the proposed type `D' curb. 12) LDR Section 118 -567 requires loading spaces to be a minimum of 12' x 35'. The applicant is proposing two loading spaces at 14' x 32'. We support the City's LDR requirements. 13) Previously Satisfied 14) Previously Satisfied. 15) Previously Satisfied. 16) Previously Satisfied. 17) Previously Satisfied. 18) Previously Satisfied. 19) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the proposed storm sewer easements on the site plan and landscape plan. 20) Satisfied. The survey drawing prepared by Lidberg Land Surveying has been revised to identify Parcel I, 11, and III in the same manner as the site plan, landscape plan, drainage plan, etc. 21) Previously Satisfied, 22) Conditionally Satisfied. Prior to construction plan approval, the applicant will need to provide written authorization from the utility owners allowing the applicant to pave and landscape within said easements. 23) Previously Satisfied. 24) Previously Satisfied. OCT -26 -1998 14:49 LBF &H - STURRT 561 286 3925 P.09i09 The Commons — Parcel 3 (LBFH File No 984)005) 25) Previously Satisfied. Ti l"TOGMEM010MiL- ParW Idoc C: Bobbie Herakovich Roxanne Manning TOTRL P.09 Memo To File From: Mark Hendrickson, City Forester %N //'ql Subject: PUD- 98 -05, The Commons Parcel 3 Date: October 27, 1998 I have reviewed the above - referenced project's plans and provide the following comments: The petitioner is proposing to change the PGA Boulevard Landscape Plan/Sidewalk Plan approved by City Council by Resolution 23, 1994. If approved, the new ordinance should reference that the Commons Parcel 3 is partially modifying Sheets 6 and 7 of the PGA Boulevard Streetscape approved by said resolution, specially the south side of PGA Boulevard east of Hickory Drive to the project's eastern terminus. There should be landscaping on south side of the wall located north of the residential unit nearest Hickory Drive. Some of the proposed landscaping south of duplex, units 3/1 and 3/2, and south of the wall is off site. The proposed wall should be located at a minimum distance of five feet from the property line, pursuant to Section 118- 279(h). Then the proposed landscaping could be installed on -site. Please revise the plans to follow the minimum code. I recommend the following conditions, if this project foes forward to City Council: 1. The applicant and successors shall maintain the landscaping within the road shoulder and medians west of their project within Hickory Drive from the intersection of PGA Boulevard south to the canal at their southern terminus. 2. The applicant and successors shall maintain the landscaping within the canal easement south of their project from Hickory Drive east to a line perpendicular to their eastern terminus. 3. The applicant and successors shall pay one -half (1/2) of the continuous maintenance cost for 850 linear feet to the City for the maintenance of the median of PGA Boulevard. A reasonable fee shall be determined annually, paid in quarterly installments by the property owner commencing on the first of November. This condition may be revised by a separate agreement between the City and the applicant. �" - -.v. v�-e �v.�u JGnVVnJl U11 Ll llGJ "'1YY rDV rLt11V /LVIVG ty_.JUV1 49k Seacoast Utility Authority MRo Box 109002 Palm Beach Gardens, Florida 33410 -9602 EXECUTIVE OFFICE: October 5, 1958 VIA FAX: 775 -1014 Ms. Angela Csinsi Planning and Zoning Department City of Pahn Beach Gardens ��T 0/1pd- 10300 North Military Trail ,Palm Beach Gardens, FL 33410 Iof , G RE: Ibc Commons Parcel 3 Dear Ms. Csinsi: We offer the following comments on your transmittal dated September 30, 1998 concerning the referenced project. 1. The conceptual utility plans submitted by the applicant do not show gas or wire utility (FPL, BellSouth, CATV) corridors. b. addition we need to know the proposed locations of grease traps for the various of restaurants tenants, as well as the location of water meters, backflow preventers and firelines. 2. Due to the limited green areas available in this project, we are not able to comment on the conceptual landscape plans at this time. Each area with water meters, baekfiow preventers and the like will have to be reviewed on a case -by -case basis to determine what landscaping will be acceptable in that area. call if you require additional information. I OAST UTILITY A ORM Gregg or of Operations ad cc: l R, Bishop J. Lance S. Serra 4200 Hood Road, Palm Beach Gardens, Florida 33410.2198 Phone: Customer Service (581) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839