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Agenda Council Agenda 071698
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. CITY COUNCIL CITY OF PALM BEACH GARDENS JULY 16, 1998 7:30 P.M. I. PLEDGE OF ALLEGIANCE II. RQLL CALL: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin Councilman David Clark and Councilman Carl Sabatello. III. ANNOUNCEMENT$: Tuesday, July 21, 1998, 7:00 P.M., Neighborhood Initiative: Task Force Tuesday, July 28, 1998, 7:30 P.M., Planning and Zoning Commission IV. CITY MANAGER REPORT: V. PRESENTA') ION$: 1. Presentation of Plaque of Appreciation to Tom Paganini for Service on the City's Planning and Zoning Commission. VI. AWARDING OF BIQD$; 1. Awarding of Bid for Rescue Pumper 2. Awarding of Bid for Pool Lining 3. Awarding of Bid for Oaks Park Restrooms 4. Awarding of Bid for Architectural Services for a Skate Park VII. ITEMS BY MAYOR AND COUNCIL: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk gripr to this Item) LX. CONSENT ,AGENDA: 1. Approval of Minutes of the 7/2/98 City Council Regular Meeting. 2. Resolution 61, 1998 - Consideration of Approval of an Interlocal Agreement Between the Palm Beach County School District and the City of Palm Beach Gardens Parks and Recreation Department for Use of Facilities. 3. Resolution 68, 1998 - Consideration of Approval of.Support of the Landscaping of Alternate A I A and Lands West of Alternate AIA. X. PUBLIC HEARINGS: Resolution 50, 1998- Consideration of Approval of a Site Plan for the Construction of a Mini- Storage Facility on 3 Acres on Lot 13 of South Park Center Within NorthCorp PCD. (Public hearing, adv.7/ 1 /98) X. PUBLIC HEARING$: (Cont'd) Ordinance 14, 1998 - Providing for Amendment of the Site Plan Known as Woodberry Lakes (Public Hearing, adv. 7/1/98; Consideration of Second and Final Reading and Adoption) XI. RESOLUTIONS: Resolution 55, 1998- Consideration of Approval of a Site Plan for Two Office Buildings known as The Fairway Office Center located within the PGA National PCD. Resolution 69, 1998- Consideration of Approval of a Site Plan for the Construction of 70 Zero Lot Line Single Family Home Lots on 31.17 Acres on Parcels 20A and 20B in the BallenIsles PCD. Resolution 71, 1998- Consideration of Approval of a Site Plan for the Construction of a Mixed -Use Office /Self - Storage Facility On 8.059 Acres located within the PGA National Commerce Park within the PGA National PCD. Resolution 72, 1998- Consideration of Approval of a Relocation Agreement Binding Upon the Village Square Professional Park Property Owners Association. Resolution 73, 1998- Consideration of Approval of a Site Plan for a Liquor Store and a General Retail Store Totaling 26,092 Square Feet, at the Former Scotty's Hardware Site. Resolution 74, 1998- Consideration of Approval to Amend Resolution 90, 1995, Resolution,10, 1997, and Resolution 11, 1997, by Amending the Approved Landscape Plari for the BallenIsles Parcel 6B, and Amending the Approved Building Elevatiok�to Allow for Condominium Floor Plan Changes. Resolution 75, 1998- Consideration of Approval to One Member to the Palm Beach Gardens Police Pension Fund Board. Resolution 78, 1998 - Consideration of Approval Of an Amendment to the Site Plan for PGA National Canterbury, Parcel M -24. XII. ORDINANCES: (For Consideration of First Reading) Ordinance 15, 1998- Providing for Approval of An Amendment to Ordinance 2, 1992, Approving a Site Plan and Conditional Use for a Religious Facility for the Trinity United Methodist Church, to Modify the Shape of the Driveway, Elimination of a Single Story Building, Addition of a Memorial Garden, Addition of a Multi - Purpose Building and Main Sign, Modification to the Phasing Plan, and a Seven Year Time Extension. (Workshop /Consideration of First Reading) XIII. ITEMS FOR COUNCIL ACTION: )UV. ITEMS FOR DISCUSSION: XV. CITY ATTORNEY REPORT: XVI. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact James Waldron, Jr., no later than 5 days prior to the proceeding at telephone number (407) 775 -8255 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 30, 1998 Awarding of Bids for Engine Refurbish Subject/Agenda Item Department recommendation is to award bid to Pierce Manufacturing, Inc. Recommendation /Motion: Reviewed by: Originating Dept: Costs: $ 1981787 Council Action: Total City Attorney Fire - Rescue [ l Approved Finance g 198? 787 [ ] Approved w:__..."_ Current FY ACM [ ]Denied Advertised: Funding Source: [ ] Continued to: Human Res. Attachments: Date: May 29, 1998] Operating Other Paper. The Post [ ]Not Required [ J Other 1 MEMO Submitted by,�% Peter T. Berg e�Y Department Director Affected parties [ ] Notified Budget Acct #:: . 01- 1230 - 522.4640 [ ] None Approved by: City Manager [ ]Not required BACKGROUND: See attached memo. OFFICE OF THE FIRE CHIEF INTER OFFICE MEMO DATE: June 30, 1998 TO: Bobbie Flerakovich, City Nlanager FROM: Peter T. Bergel, Fire Chie RE: Nwarding Bid for Rescue Pumper We respectfully request the Fire Department to be placed on the July 16`h Council .Agenda for the purpose of awarding the bid for refurbishing Engine 63. Account 01- 1230 - 322.4640 has $200,000.00 approved for the refurbish of this piece of equipment. The base price of the bid is $198,787.00 and a trade -in allowance of $60,000.00 takes the net cost to $138,787. Three (3) vehicles will be removed from the inventory as a result of the trade -in for this purchase. Squad 61, Utility 61, and Attack 62. These vehicles have logged less than 100 miles in the past year and are not utilized in our current response protocols. Trading these vehicles in will save on maintenance, insurance and much needed storage space for other vehicles. I have presented this information and process to Kent Olson and received his approval for this purchase. It is imperative that we award this bid as soon as possible for two reasons. First, the delivery time is 180 -240 days, which will eliminate a spare engine for eight months. Second, we are in need of bay space due to the renovation of Fire Station 1 and do not have a place to store extra vehicles. If you need any further documentation supporting our decision to purchase this equipment please do not hesitate to contact me at any time. I thank you in advance for your anticipated cooperation in this matter. cc: file K. Olson City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 7301 Serial Number: 1115 Historical Cost (cost when new): Date: Department: Description: 1973 Ford Heavy Utility Vehicle Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction xx Traded in on newer model Other: Assistant Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: July 9, 1998 12 - FIRE City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 8703 Date: Serial Number: 3505 Department: Historical Cost (cost when new): Description: 1987 Pierce Mini— Pumper Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction xx Traded in on newer model Other: Assistant Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: July 9, 1998 12 — FIRE City of Palm Beach Gardens Declaration of Surplus Asset Asset Number: 8702 Serial Number: 1990 Historical Cost (cost when new): Description: 1987 EVF Heavy Rescue Date: Department: Reason for Disposal Unserviceable, due to normal wear and tear Uneconomical to repair Salvage, parts could be used Irreparably damaged or destroyed Obsolete, no further value Disposal Method To be sold at auction xx Traded in on newer model Other: Assistant Finance Director City Manager Approved by Resolution #: Finance Department: Date removed: July 9, 1998 12 — FIRE CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—July 6, 1998 Subject/Agenda Item: Award of bid for resurfacing the municipal pool. Recommendation /Motion: Approve bid offered by Natare Corporation of Indianapolis, Indiana, in the amount of $52,600.00 for the resurfacing of the municipal pool with a PVC membrane system. Reviewed by: City Attorney Finance ACM Human Res. Other Submitted by: Sue MiAer, Department Director Approved by: City Manager Originating Dept: Parks and Recreation Advertised: Date: 529/98 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] Notified [ ) Not required Costs: $_52,800_ Total $ 65,000 Current FY Funding Source: [ x ] Operating [ ] Other Budget Acct#:: 01- 2020 -572 -6210 Council Action: [ ] Approved [ ] Approved W, =wrbms [ ] Denied [ ] Continued to: Attachments: I. Memo from Parks and Recreation Director [ ] None MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation DATE: July 6, 1998 RE: Bid for resurfacing of municipal ppol Staff has advertised and received two bids for resurfacing the municipc' pool with a PVC membrane lining system. The bidders and their prices included: - Natare Corporation, Indianapolis, IN - $52,600 - Ultimate Pools, Inc., Davie, FL - $64,500 Staff recommends awarding the bid to Natare Corporation in the amount of $52,600, as the most responsible bidder. Because of the heavy use of the pool by both City and school groups, the work on this project must begin on August 10, 1998 and be completed by September 1, 1998. Natare has agreed to this timeline. $65,000 has been budgeted for this project in fiscal year 1997 798. If you have any questions regarding this project, please advise at your earliest convenience. PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation 2j DAZE: Julv 7, 1998 RE: PVC membrane pool lining systems Poly Vinyl Chloride (PVC) membrane pool lining systems have been in use in the aquatics field world wide for the past 30 years. First developed and widely used in Europe, thousands of installations have now occurred in the United States since the first system was installed at a day care center in Oak Brook, Illinois in 1979. Because of the many advantages that a PVC system has over other typical surfacing methods, staff has determined that the use of a PVC membrane pool lining system would provide our residents the most durable, safe and efficient surface for the investment. The PVC membrane pool lining system offers a watertight impervious surface that will reduce costs associated with pool maintenance, chemicals, as well as provide a smooth non - porous surface that prohibits the growth of most algae and bacteria. What is the PVC Membrane? The concept of the PVC membrane lining system is fairly simple... The 60 mil thick membrane is three times thicker than a homeowner grade vinyl and consists of two pieces of vinyl sandwiched between a layer of high strength spun bond polyester webbing. This process gives the membrane strength and durability, malting the membrane tear resistant. A Naft- Membrane Crass section L) WmedM- Owmatemlismadeapoftaro hym o(strong, bribleMwan& Both hP- en ve to tie Weiar polyaw mesh (B). ?he PVC gins the maceiai its da- ib�q,���Mr� B.) Polyem Hesir the imedor component of the aumbrme is a mesh Webbin& The pahei- ter (i!i±g 0m our membrane its mssm7med z-! and tee to testing. Memo - City Manager PVC Membrane System Page 2 Cost Reductions Because the membrane is a watertight, impervious surface, the, pool can expect to see reductions in some of the expenses associated with operating the pool including; The expense of water that is added to the pool on a daily basis due to minor pool leaks; The expense of adding additional chemicals to the pool to balance the water that is being added to the pool; and, due to the non- porous consistency of the membrane, a reduction in chemicals and man hours to eliminate most algae problems. Installation Installation of the membrane occurs after the pool has been prepared to eliminate voids or deteriorated areas. A ten and one half ounce geotextile fleece which serves as an separator between the pool walls and floor and the membrane, allowing the membrane to expand and contract with the pool structure, is adhered to the walls and pool bottom. Following this procedure, the PVC membrane is laid out in rolls and hot welded together to form the watertight surface. Repairs Repairs to the lining system would involve pulling the damaged area away from the pool bottom or wall, pushing a new piece of material through the tear and heating the area to seal the two pieces together. Warranty and Life Expectancy The PVC membrane comes with a 10 year warranty that states for a period of ten years the membrane system shall not peel, flake, crack, tear or delaminate, and shall retain its integrity as a watertight membrane. In the event that during the warranty period the membrane system does peel, flake, crack, tear or delaminate or fail as a watertight membrane, the company shall repair or replace the defective materials, or refund to the city the portion of the purchase price attributable to the defective materials. Depending on the environment and pool chlorine levels, the projected life expectancy of the PVC membrane system is 25 years. Memo - City Manager PVC Membrane System Page 3 Timeline The timeline for the renovation of the pool is critical. Staff has determined the prime dates to complete this project are from August 10th through September 8th. This will allow the pool to complete its summer swimming programs, including all lessons, and still accommodate the High School swim teams use of the pool beginning in mid- September. The down time associated with the PVC membrane system is approximately three weeks, while the downtime for a different pool resurfacing project is a minimum of six weeks. This is due to the need to remove the existing surface from the pool walls. The use of a PVC membrane system eliminates this requirement. Other Installations Staff has visited the following pools with PVC membrane systems; Hallandale, FL (have had recently installed system); Coral Springs, FL (have two pools with systems about one year old); Plantation, FL; (have two recent renovations) and Winter Haven, FL (two pools, one approximately for three years the other for one year). Additionally, staff has phoned the following Florida pools who have the PVC membrane systems: Pensacola Junior College (have one pool with system about six years old); Northshore Park pool in St. Petersburg (approximately two years old). In visiting or speaking with both pool managers and patrons at these facilities staff has found that in all of the discussion that the consensus opinion of these individuals is that they love the systems and wish they had renovated their pools with a PVC membrane system earlier. The attached reference lists over 100 pools throughout the US that have had a PVC membrane system installed. Conclusion The benefits of the installation of a PVC membrane pool system at the Palm Beach Gardens pool include reduced maintenance, chemical and water use, reductions in staff time spent to clean the pool and remove algae, as well as a soft surface that will not cut patrons feet, and most importantly a long life expectancy. For these reasons, staff highly recommend the city pursue the installation of the PVC membrane system in order to provide the residents with the most efficient and durable surfacing system. I am available for discussion at your convenience. Effective January 1998 NATATEC SWIMMING POOL MEMBRANE SYSTEMS INSTALLATION REFERENCE LISTING A Partial Listing Project: Rolling Hills Country Club 50' x 100' Concrete Pool Location: Box 866 Lakeview Paducah, KY 42201 Contact: Vince Renaud, Manager Telephone: (502) 554 -4508 Project: Gallipolis Developmental Center 36'x 75' Aluminum Pool Location: 2500 Ohio Avenue Gallipolis, OH 45631 Contact: Richard Houck, Director Telephone: (614) 446 -1642 Project: West Vigo High School 45'x 75' Aluminum Pool Location: 961 Lafayette Avenue Terre Haute, IN 47804 Telephone: (812) 298 -9075 Project: Plymouth High School 45'x 75' Aluminum Pool Location: 701 East Berkley Street with 30'x 75' Diving Well Plymouth, IN 46536 Contact: Dr. Dan Bates, Superintendent Telephone: (219) 936 -3115 Project: Donner Park Swimming Pool 60'x 165' Conc/Alum. Pool Location 22nd & Sycamore with 45'x 45' Diving Well Columbus, IN 47202 Contact: Steve Cory, Aquatics Director Telephone: (812) 376 -2680 Project: Pensacola Junior College 45' x 75' Concrete Pool Location: 1000 College Avenue Pensacola, FL 32504 Contact: Todd Harrington, Director of Planning & Construction Telephone: (904) 484 -1175 Project: Tarleton State University 45'x 75' Aluminum Pool Location: Box T -129 Tarleton Station with Separate Diving Pool Stephenville, TX 76402 Contact: Larry Pearson, Physical Facilities Designer Telephone: (817) 968 -9065 Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 872 -8828 Fax (317) 872 -9998 Toll Free (800) 336-8828 Project: Mason Rudolph Municipal Pool 50' x 110' Concrete Pool Location: 151 Golf Club Lane Clarksville, TN 37043 Contact: John Wilson, Director, Parks & Recreation Telephone: (615) 645 -7476 Project: Municipal Swimming Pool 60'x 120' Concrete Pool with Location: 1646 West Galbreath 20' x 40" wading pool North College Hill, OH 45239 Contact: Jerry Thamann, Manager (513) 521 -7413 Project: Taylor Mill Swim Club 25 yard x 25 meter "L" Location: P. O. Box 156 with diving well and separate Covington, KY 14015 wading pool. Contact: Lang Mains, President (606) 356 -6288 Project: Don Showman Swimming Pool 10,333 sgJft. concrete Location: P.O. Box 819010 municipal pool with separate Farmers Branch, Tx 75381 wading pool. Contact: Texx Stewart, Supt. of Recreation (214) 427 -3131 Project: Erlanger Medical Center Therapy Pool Elevated, concrete therapy Location: 975 East 3rd Street pool and deck. Chattanoga, TN Contact: Tracey Holsomback, Construction Manager (615) 778 -7362 Project: Federal Law Academy 24'x 46' concrete pool. Location: 1300 W. Richey Avenue Artesia, NM 88210 Contact: Allan Wilbourn (505) 748 -8008 Project: Indiana Law Academy 25'x 60' aluminum pool. Location: P.O. Box 313 Plainfield, IN 46168 Contact: Paul, Walters, Director (317) 839 -5191 Project: Delta High School 45'x 75' aluminum pool Location: 3400 East State Road 28 Muncie, IN 47303 Contact: J.T. Coopman, Asst. Supt. Tom Devine, Coach (317) 284 -5074 Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 872 -8828 Fax (317) 872 -9998 Toll Free (800) 3364=8 ✓ Project: Location: Contact: Telephone: Project: Location: Contact: Telephone: Project: Location: Contact: Telephone: Project: Location: Contact: Telephone: Project: Location: Telephone: Project: Location: Contact: Telephone: Project: Location: Contact: Telephone: Project: Location: Contact: Telephone: Hyatt Orlando 6375 Irlo Bronson Mem. Hwy. Kissimmee, FL 34746 Dennis Ward, Engineering Director (407) 396 -1234 Marriott Pavilion One Broadway St. Louis, MO 63102 Gary Gebhart, Cheif Engineer (314) 421 -1776 Westin Hotel, Indianapolis 50 South Capitol Avenue Indianapolis, IN 46250 Mike Finn, Engineering Director (317) 262 -8100 Lake County YMCA 4050 River Road Pent', OH 44081 Chris Gentry, Director (216) 259 -2724 The Spa Fitness Center 119 Trolley Street Eastpointe II Bridgeport, WV 26330 (304) 842 -6904 U. S. Masters Nationals (1992) Dean Smith Center UNC Chapel Hill Raliegh, NC 27599 Hill Carrow, USMS Meet Director (919) 783 -6246 Four Seasons Hotel 200 Boylston Street Boston, MA 02116 Michael Fitzgerald, Engineering Director (617)338 -4400 Saint Francis Medical Center 115 8th Avenue Little Falls, MN 56345 Jackie Doty, Therapy Director (612) 632 -3617 Four 35' x 60' Concrete Pools and Four Wading Pools 25'x 40' Aluminum pool with 12'x 12' aluminum spa 16'x 32' Steel Pool 45' x 75' Steel/Concrete with 45'x 35' diving well 16' x 32' Steel Pool 60' x 75' Portable Steel Warm -Up Pool 24'x 40' Aluminum Pool. 30'x 60' Concrete Pool Natare Corporation 5350 west 84th street Indianapolis, Indiana 46268 (317) 87241828 Fax (317) 872 -9998 Toll Free (800) 3364=8 Project: Martinsville High School Location: 1360 East Gray Street Martinsville, IN 46151 Contact: Ronald Bell, Supt. Keith Buetow, Coach (317) 342 -6641 Project: Hill Air Force Base Location: Hill AFB, Utah 84015 Contact: Sgt. Boyer (801)77', -1411 Project: Country Club Of Decatur Location: 135 Country Club Road Decatur, IL 62521 Contact: Club Manager, (217) 428 -3415 Project: Holbrook City Pool Location: 465 1 st Avenue Holbrook, AZ 86025 Contact: Dean Putnam, City Manager (602) 524 -6225 Project: Camp Na Wa Kwa Location: Route 1 Poland, IN Contact: Joe Conley, Manager (812) 232 -0104 Project Gainesville College Location: 3820 Mundy Hill Road: Gainesville, GA 30566 Contact: Jerry Spiceland, Plant Operator (404) 535 -6277 Project: Bryan Aquatic Center Location: Parks & Recreation 201 E. 29th Bryan, Texas 77803 Contact: Charles Logan, Aquatics Director (409) 361 -3650 Project: Le Meridian Hotel Location: 250 Franklin Street Boston, MA 02110 Contact: Gregory Droscoll, Engineering Director (617) 451 -1900 45'x 75' aluminum pool Hess Center Pool Officers Club Pool & Wading Pool N.C.O. Club Pool & Wading Pool 25 yard "L" shaped concrete pool with stainless steel gutter & training pool Municipal swimming pool with spa & wading pool 82'x 24' concrete pool. 4505 Aluminum Pool with diving "L" 50 Meter, outdoor concrete pool with diving area. 20' x 40' Elevated aluminum pool. Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 87248828 Fax (317) 872-9998 Toll Free (800) 336-8828 Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Charleston Marriott 200 Lee Street Charleston, West Virginia 25301 Reggie Carnemolla, General Manager (304) 345 -3601 Hyatt Regency 124 East Main Street Rochester, NY 14604 Chris Dillon, Director of Engineering Sheraton Grand Hotel 4860 West Kennedy Blvd. Tampa. FL 33609 -2591 Michael Jansen, General Manager (813) 286 -4400 Vandenberg Air Force Base Vandenberg AFB, California Crystal Brown, Aquatics Director. Valley Brook Country Club Hidden Valley Road McMurray, PA 15317 Corey Gerhart, Manager (412) 746 -9000 Municipal Wading Pool 1405 Bartley Street Jasper, IN 47546 Ken Buck, Director of Parks & Recreation (812) 482 -5959 30' x 30' Elevated aluminum pool. 20'x40' elevated concrete /fiberglass pool 20' x 36' Elevated Aluminum Pool 82' x 60' concrete pool with stainless steel gutter and adjacent wading pool. 25 yard, x 25 meter "L" concrete w/ diving well 21'x51' concrete wading pool Leistikow Memorial Pool Concrete pool with stainless steel gutters Five 4th Street Grafton, ND 58237 Director of Parks & Recreation (701)352 -1842 Mc Cormicks Creek St. Park R.R. 5 Box 182 Spencer, IN 47460 Jim Webb, Asst. Property Manager (812) 829 -2235 Versailles Village Cincinnati, Ohio Mike O'Brien, Shamrock Enterprises (513) 931 -9641 24'x 56' concrete pool (Lodge Pool) 20' x 40' Stainless Steel Pool Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 87248828 Fax (317) 872 -9998 Toll Free (800) 336 48828 Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Holiday Inn Express 20' x 40' Packaged Steel Pool 1 -69 at Freemont Exit Freemont, Indiana Jason Gilliana (219) 759 -5516 Bicentennial Swimming Pool 75' x 45' concrete pool with adjacent 1221 Alto Street activity pool. Santa Fe, New Mexico Dan Hagan, Engineering Studios (505) 984 -2262 Rose Park Pool 21 st Street Billings, Montana 59101 Brian Miline, Interstate Engineering (406) 482 -5617 Centennial Swimming Pool Porter Avenue & D.A.R. Drive Buffalo, NY Steve Palmisano, City Architects Office (716) 851 -5852 Cherry Residence St. Croix, U.S. Virgin Islands Judd Wright (809) 773 -3500 Sunset Creek Apartments Colorado Springs, CO Nels Henry, Greystar Realty (303) 796 -2100 AYO Pool Nicholls State Univ. University Station Thibodaux, LA 70310 Michael Davis, Purchasing Agent (504) 448-4038 Armstrong State College Abercorn Street Savannah, Georgia David Faircloth, Director of Plant Operation. (912) 927 -5329 University of Charleston 2300 MacCorkle Avenue S.E. Charleston, WV Greg Olson, Aquatics Director (304) 3574800 50 meter, outdoor concrete pool 150' x 75' concrete pool 18' x 40' concrete pool and storage cistern. 20' x 40' fiberglass wall pool 50 meter, 7 lane concrete pool with stainless steel gutter 25 yard, 6 -lane aluminum pool. 25 yard, 6- lane aluminum pool Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 87248828 Fax (317) 872-9998 Toll Free (800) 336 -MA Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: New Albany High School Vincennes Street New Albany, IN Paul Roberts, Director of Facilities (812) 949 -4200 Hyatt Regency St. John Great Cruz Bay St. John, USVI 00830 Leon Harrigan, Dir. of Engineering (809) 776 -7171 Regent of Fiji (Four Seasons Hotels) Denarau Island Nadi, Fiji Islands Michael J. Kemp, General Manager 011- 750 -000 Carroll College North Benton Avenue Helena, Montana (405) 447 -4300 Harveys Resort & Casino P.O. Box 128 Stateline, (Lake Tahoe) Nevada David Riccardo, Director of Engineering (702) 588 -2411 Paradise Valley Pool Bernalillo County Parks Albquerque, New Mexico Dan Maestan, Aquatics Director (505) 877 -9388 Holiday Inn Express N. Main Street Mishawaka, Indiana 46545 Jeff Good (219) 273 -6264 Bli7-7-nrd Beach Walt Disney World Post Office Box 10000 Lake Buena Vista, FL 25 yard x 25 meter "L" gunite pool with stainless steel gutter and adjacent 30' x 40' diving well. 13,350 square foot -unite pool 4,800 square foot, gunite pool with adjacent wading pool 25 yard six lane aluminum pool 25' x 60' elevated aluminum pool 25 yard, six lane concrete pool 15' x 30' packaged pool 8,500 sq. /8. (4) starter pool membranes Project: Beachaven Swimming Pool 12,000 sgAL concrete pool Location: 104 Public Square Clarksville, Tennessee 37043 Contact: John Wilson, Director of Parks and Recreation (615) 645 -7476 Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 872 -8828 Fax (317) 872 -9998 Toll Free (800) 3364828 Project: Officers Club Pool / Randolph AFB Location: Randolph AFB, Texas Contact: Jerry West, Contractor (210) 658 -7054 Project: Georgetown Swim Club Location: Bridgeton, New Jersey Contact: Rod MacDonald, President Project: County Of Honolulu Pools Location: Honolulu, Hawaii Contact: Henry Mikasa, Engineer (808) 947 -5466 Project: Willford Hall Medical Center Location: Lackland AFB, Texas Contact: Jerry West, Contractor (210) 658 -7054 11,000 sq. /ft. concrete pool with adjacent wading pool 5,600 sq. /ft. concrete pool with adjacent training.pool and wading pool Kanewai Pool 3,450 sq. ft. concrete pool Kapaolono Pool 3,450 sq. ft. concrete pool Booth Park Pool 3,450 sq. ft. concrete pool 1,200 sq. /ft. concrete therapy pool. Project: Western New Mexico University 60'x 82' Aluminum Pool Location: 1000 West College Avenue Silver City, New Mexico Contact: Lloyd Taylor, Physical Plant Director (505) 538 -6470 Project: Camp Calvin 125' x 40' concrete pool Location: Hampton, Georgia Contact: Jim Mc Connell, Contractor (404) 352 -2770 Project: Friendship Pool 45' x 75' concrete pool with Location: Laughlin Air Force Base stainless steel gutter Del Rio, Texas Contact: Jerry West, Custom Pools (210) 658 -7054 Project: Blackbeards Cave 60' x 100' bumper boat pool Location: Route 9 Bayville, New Jersey Contact: (908) 914 -1896 Project: Nie Residence Elevated Custom Pool Location: Hailey (Sun Valley) Idaho Contact: Michael Lustig, Architect (708) 234 -4580 Project: Berryville Pool 6 -lane, concrete "L" shaped pool Location Berryville, Virginia with adjacent diving well Contact: Paul Kadel, Director of Parks & Recreation (703) 955 -5148 Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 872 -8828 Fax (317) 872-9998 Toll Free (800) 336 48828 Project: Jicarilla Apache Tribe Location: Dulce Community Center Location: Dulce, NM Contact: Eleanor James, Director (505) 759 -3242 Project: Monroe Country Club Location: 611 Cole Road Contact: Monroe, Michigan Contact: David Gray, Manager Project: East High School Location: 1260 Marr Road Columbus, Indiana 47202 Contact: Dick Bozell, Facilities Manager Project: Seeger High School Location: Highway 263 Contact: West Lebanon, Indiana Contact: Roy Stroud, Superintendent 317- 762 -3364 Project: Auburn Swim Center Location: Auburn University, Auburn Alabama Contact: Greg Parsons, University Architect 334 -844 -9450 Project: Broomfield Recreation Center Location: 280 Lamar Street Broomfield, Colorado 80020 Contact: John Ferrero (303 )469 -5351 Project: Vestal Hills Country Club Location: Vestal, New York Contact: Missy Dunham, Manager Project: Gordon Residence Location: Kaycee, Wyoming Contact: Jim Thompson, Thompson Pools (416) 656 -8511 Project: Plymouth Country Club Location: Pretty Lake Road Plymouth, Indiana Contact: Marc Hayden (219) 936 -2876 6- Lane Aluminum Pool. Concrete Pool 6- Lane, 25 yard Aluminum Pool 6 lane Aluminum Pool 6 lane, 25 yard concrete pool with bulkhead 6 lane 25 yard aluminum pool 75' x 30' concrete pool with wading pool 16' x 32' Packaged residential pool 30' x 60' concrete pool Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 872 -8828 Fax (317) 872-9998 Toll Free (800) 336 -MS Project: Tradewinds Beach Club 25 yard 6 -lane "T" with wading Location: 1331 Ocean Avenue pool Sea Bright, NJ 07760 Contact: Bruce Dunbar, Manager (908) 842 -4466 Project: Tennessee State University 120'x 60' Steel wall/ concrete Gentry Pool pool Location: Murfreesboro Road Contact: Scotty Harris, Contractor (901) 853 -6167 Project: Smokey Row Swim Club 30'x 60' steel wall /concrete pool Location: 508 Ironwood Dr. Carmel, IN 46033 Contact: Phillip LeMere, President Project: Tri West High School 45'x 75' Aluminum pool. Location: North Church Street Lizton, IN 46149 Contact: Larry Rambis, Supt. Project: Castleton Estates Assn. 30'x 60' fiberglass wall / concrete Location: 8256 Doe Ridge Court Indianapolis, IN 46256 Contact: Jim Struble, Manager Project: Country Club Heights Fiberglass Wall / Concrete Location: 740 Country Club Hts. Rd. Floor Pool Quincy, Illinois 62301 Contact: Carl Schmacht (Swim Klean Pools) (309) 949 -2977 Project: White's Center 42'x 75' Aluminum Pool Location: 5233 South 50 East Wabash, Indiana 46992 Contact: Rich Davis, Director (219) 563 -1158 Project: Beech Grove High School 45'x 75' Aluminum Pool Location: 5334 Hornet Drive Beech Grove, Indiana Project: Reynolds High School 45'x 75' Concrete Pool Location: 1204 N.E. 201 st Avenue Troutdale, Oregon 97060 Contact: L.A. Christian (503) 661 -7200 Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 872 -8828 Fax (317) 872-9998 Toll Free (800) 3364828 Project: Municipal Wading Pool Concrete Wading Pool Location: 1 1 1 Campbellsville Street Columbia, Kentucky 42728 Contact: Curtis Hardwick, Mayor (502) 384 -2501 Project: Warrensville Developmental Ctr. 30'x 75' Aluminum Pool Location: Green Road Highland Hills, Ohio 44128 Contact: Thomas Compisi (216) 464 -7400 Project: University of Wisconsin, Oshkosh 120' x 60' Concrete Pool Location: Albee Hall Oshkosh, Wisconsin 54901 Contact: Christine Drescher, Planning & Construction (414) 424 -0220 Project: Merrifield Park Complex 165' x 60' Concrete Pool Location: 1000 East Mishawaka Street Mishawaka, Indiana 46544 Contact: Ron Farrand, DLM Architects (219) 259 -5619 Project: Hyatt Regency Vancouver 25' x 40' Elevated Pool Location: 655 Burrard Street Vancouver, B.C., Canada Contact: Gordon Sanders, Dir. of Engineering (604) 689 -3707 Project: Municipal Swimming Pool 45' x 75' Concrete Pool Location: 147 Main Street Waitsburg, Washington 99361 Contact: Mark Lambert (509) 337 -6371 , Project: North Summit School District 35'x 75' Aluminum Pool Location: 53 South 100 East Coalville, Utah 84017 Contact: Christian Staples (801)640 -2280 Project: Rumson Country Club 45' x 82' Concrete Pool Location: 163 Rumson Road Rumson, New Jersey 07760 Contact: Burton Ward (908) 842 -3333 Project: Wenonah Swim Club 45'x 82' Concrete "L" Location: Wenonah, New Jersey Contact: Chris Knapp, Contractor (201) 343 -3020 Project: Palomar Hills Club 45'x 75' Concrete Pool Location: 4025 Palmetto Drive Lexington, Kentucky 40513 Contact: Marcie Layne, Manager (606) 224 -4656 Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 8724=8 Fax (317) 972 -9998 Toll Free (800) 3364=8 Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: Project: Location Contact: Project: Location: Contact: Project: Location: Contact: Project: Location: Contact: R.M. Lee Residence Cromwell Island, MT Tony Martel, Martel Construction (406)586 -858 Lutheran Memorial Camp Box 8 Fulton, Ohio 44321 Erick Christiansen (419)864 -8030 Officers Club Pool Fort Monroe, VA 23651 Mark Hoff, DPW Engineering (757) 727-3011 Outpatient Therapy Pool DCH Medical Center 809 University Blvd. Tuscaloosa, AL 35401 Shane Sanders (205) 759 -6555 Emergency Water Storage Tank 35' x 75' Steel Wall Pool 120' x 60' Concrete Pool Aluminum Therapy Pool Snow Lake Kampground 20' x 50' Packaged Pool 644 E. Snows Lake Road 120 Huntington Avenue Fenwick, Michigan Boston, MA 02116 Ronald B. Sellers, Owner (8 10) 473 -3692 John Havey, Engineering Director (617)424 -7000 Howard Johnson Hotel & Suites 18' x 30' Elevated Pool 1430 Rhode Island Ave. 401 South 41" Street Washington, D.C. 20005 Martins Ferry, OH 43935 SubhashVohra (202) 332 -0711 Chris Cleary (6.14)633 -0602 Tolleson Municipal Pool Concrete, U- shaped 2800 King Street outdoor pool with Smyrna, GA 30081 diving well. Lee Cook, Aquatics Director (770) 431 -2842 Municipal Swimming Pool Concrete "L" shaped Town of Paoli outdoor pool with Paoli, IN 47454 diving well Walt Eisenstein, Town Manager (812)723 -2739 The Colonnade Hotel Elevated Steel Pool 120 Huntington Avenue Boston, MA 02116 John Havey, Engineering Director (617)424 -7000 Municipal Swimming Pool Z shaped concrete, 50 401 South 41" Street meter concrete pool Martins Ferry, OH 43935 with stainless gutter Chris Cleary (6.14)633 -0602 Natare Corporation 5350 West 84th Street Indianapolis, IDd9an2 46268 (317) 872 -8828 Fax (317) 872 -9998 Toll Free (800) 336-8828 Project: Lindley Swimming Pool 50 Meter oncrete pool Location: 2904 Springwood Drive with stainless steel gutter Greensboro, NC 27402 Contact: Greensboro Parks & Recreation (910) 373 -2192 Project: Brannon's Pool 42' x 75' concrete pool Location: 248 North Main Street St. Albans, VT 05478 Contact: Dan Brannon (802) 527 -7957 Project: Pacific Grove High School 45' x 75' Aluminum Pool Location: 555 Sinex Avenue with attached diving "L" Pacific grove, CA Contact: Pacific Grove Unified School District (408) 646 -6520 Project: South Vermillion High School 45' x 75' aluminum pool Location: 770 Wildcat Drive Clinton, IN 47842 Contact: Lamy Carlson, Supt. (765)832 -2426 Project: Marine Corps Air Station (2) 50 meter, eight lane Location: Cherry Point, North Carolina pools with wading pools. Contact: Keith Bishton, Contractor (919) 355 -7121 Project: Bloomington Country Club 25 yard "L" w/ wading Location: 3000 S. Rogers Drive pool and stainless gutter Bloomington, Indiana Contact: H. Michael McCardle, G.M. (812) 332 -1116 Project: Memorial Park Swimming Pool 25 yard concrete pool Location: 2301 Maumee Avenue w/ 25' x 30' training pool Fort Wayne, Indiana 46805 Contact: Steve McDaniel, Project Manager (219) 427 -6407 Project: Holloman AFB 50 meter, eight lane "T" Location: Holloman AFB, New mexico Contact: Steve Henderson Project: Wave Country (Nashville MetroParks) 35' dia. Activity Pool Location: Nashville, Tennessee Contact: R.S. Harris (901) 853 -6167 Project: J.B. Wirth Swimming Pool 50 meter T with Location: 2603 Harris Avenue adjacent wading pool Norwood, Ohio 45212 Contact: Jack Cameron (515)396 -8174 Natare Corporation 5350 West 84th Street Indianapolis; Indiana 46268 (317) 872 -8828 Fax (317) 872 -9998 Toll Free (800) 336-8828 Project: Hyatt Regency Albuquerque 56' x 25' Elevated Location: 330 Tijeras N.W. Aluminum Pool Albuquerque, NM 87102 Contact: Glenn Ralfs, Director of Engineering (505)842 -1234 Project: Memorial Swimming Pool 50 meter, 8 -lane "T" Location: Ulen Drive Lebanon, [N Contact: Dan Lentz, Parks Director 765 -428 -8860 Project: Greenview Pool 25 vard, 6 -lane "L" Location: 6700 Gavilan Road Columbia, SC 29203 Contact: Jim Lawracy, Parks & Recreation 803 - 733 -8331 Project: The Sheffield 25' x 40' Elevated Steel Location: W. 57'" Street Pool New York, NY Contact: Chris Knapp, Horizon Pools 201 - 343 -3020 Natare Corporation 5350 West 84th Street Indianapolis, Indiana 46268 (317) 872 -8828 Fax (317) 872 -9998 Toll Free (800) 3364828 %/. Natare Corporation Natatec® Swimming Pool Membrane Systems For Pool construction or Renovation Product Usage and Technical Data Effective Solutions to Old Pool Problems - Natatec Swimming Pool Membranes. Introduction Natatec membrane systems are an ideal way to contain water. Our revolutionary pool lining system allows a fast and eco- nomical installation of a continuous rein- forced PVC blanket in a swimming pool or water containment structure. Pioneered in Germany, pool membranes are inert, durable, waterproof, and low mainte- nance. Over 70,000 installations and 30 years of field experience demonstrate that PVC pool membrane systems can dramati- cally reduce construction or renovation cost, limit maintenance and extend the life of a swimming pool or water containment facility. Think of our membrane system as a PVC pool shell that covers, protects and waterproofsjust about any type of sidewall or bottom. The Natatec System may re- sult in considerably lower costs and faster construction, even during inclement weather. For private pools or special pur- pose construction, this may mean savings up to 50 %, when compared to conven- tional construction techniques. This high performance protective blan- ket incorporates a polyester mesh fabric in combination with PVC to provide su- perior flexibility and durability. This lin- ing is virtually immune to the damaging effects of pool maintenance and water treatment chemi- cals. Furthermore, its nonporous treated sur- face inhibits the growth of algae and makes the accumulation of dirt dif- ficult. Our membranes are specially sanitized with an antibacterial pro- cess which repels micro- organisms. The result is easy and eco- nomical cleaning Although primarily used in swimming pool applications, Natatec membranes have a wide variety of uses in other wa- terproofing or water containment areas. For more information on additional ap- plications, contact Natare. Membranes Can Be Used with Confidence Our system is an effective coating for gunite, concrete, or plaster pools and works especially well on concrete block, steel, stainless steel, aluminum, or any surface that forms the structure of a pool. In fact, membranes are perfect for sur- faces that would be unacceptable for con- ventional pool coating or lining products. Natatec membranes provide a tough, waterproof, yet flexible liner that ensures top quality for in- ground, above - ground, or elevated construction. It provides a line of defense as it eliminates leakage and problems caused by shrinkage cracks, construction joints, and imperfections in concrete construction. Our renovation system can turn aban- doned or unusable pool structures, into operating facilities by resurfacing, re- building, lining and permanently water- proofing the entire pool shell. For new construction, our lining sys- tem can be used to quickly and cost ef- fectively construct swimming pools or water features. Construction or renova- tion is possible where conventional meth- ods would be too expensive or just would not work. Natatec swimming pool mem- branes are successfully used with pre -en- gineered pool construction systems for fast, durable and absolutely watertight construction. Membranes vs. Vinyl Liners Natatec Membranes have many advan- tages over common, residential grade vi- nyl liners. With over three times the thick- ness of most liners, and its polyester fab- ric reinforcement, Natatec Membranes are made to stand the test of time. In tough commercial and public pool settings, Natatec Membranes provide an attractive and watertight surface that will stay that way for many seasons to come. Membranes Reduce Maintenance Costs Our system is a homogeneous compos- ite of PVC and polyester. In order to maintain optimal hygienic standards, an antimicrobial treatment inhibits the for- mation of fungus and the growth of bac- teria. In addition, it has a smooth nonpo- rous surface that prohibits the growth of most algae and bacteria. This treatment has no effect on pool water the -ittry or on swimmers. Membranes can prevent or limit main - tenance. Our system prevents the oxida- tive breakdown of metal and fiberglass by isolating the underlying surface from the damaging effects of the pool water and the environment. Totally effective in protecting existing al—inum or steel pools, the membrane separates metallic structures from the pool water, thus pre- venting electrolgalvanic, electrolytic or corrosive attack. Natare Corporation - 5350 West 84th Street - Indianapolis, IN 46268 - (800) 336-8828 - (317) 872 -8828 - (317) 872 -9998 fax - www.n=m.com SMCPDTM - Effect e: I /93 Apo PAN Natatee Swimming Pool Membrane Systems For Pool Construction or Renovation A Membranes Reduce Maintenance Costs (Cont'd) A membrane application will also dra- matically reduce chemical needs. Con- crete has chemical properties of its own which influence the pH balance of the pool water. Naaetec Membranes are neutral. This means that fewer chemicals are needed to keep the water balanced. Additionally, the very nature of the membrane surface greatly reduces chlo- rine consumption. The smooth, sanitized surface inhibits the growth of algae, bac- teria, and other microorganisms. Surface Preparation Any reasonably smooth, non -oil or tar - based surface is suitable. Sandblasting is not necessary. Simple surface patching to cover voids or deteriorated areas is all that is required. Even large, badly dam- aged surfaces may be easily covered with fleece or a galvanized sheet. Tar and other petrochemical compounds must be sepa- rated from the membrane by using poly- ester fleece or another separating mate- rial. Life Expectancy Actual field observation of wear - tested PVC membranes indicate a projected life expectancy exceeding 25 years, depend- ing on environment and pool chlorine lev- els. At the present time, the oldest PVC membrane pool is in excess of 30 years old and still holding strong. Natatec Membrane Cross Section A.) Layered PVC: Our material is made up of two layers of strong, durable PVC coating. Both lay- ers are fuse- bonded to the interior polyester mesh (B). The PVC gives the material its flex- ibility and waterproofing ability B.) Polyester Mesh: The interior component of the membrane is a mesh webbing. The polves- ter lining gives our membrane its unsurpassed strength and resistance to tearing. Patching of the membrane system, while unlikely, is easy and economical. Anticipated repair would simply involve pulling the damaged area away from the pool bottom or wall, pushing a piece of new material through the ripped area, and heating the ripped area to seal the two pieces together. Colors Available Our membranes are available in three radiant colors: white, Sky blue (light blue), and Caribbean blue (dark blue). It is also offered in black for use in rac- ing lanes, targets and other pool details. Custom logos and other details may be permanently applied using an overlay of a contrasting color membrane. The System: A Type ND The basic lining material, available in rolls ranging to 72 inches in width by 82 feet in length. This durable pool lining is approximately 60 mile thick. Type ND is a strong, yet flexible combination of high quality polyester fabric sandwiched be- tween two layers of PVC. A Type NDP A slip - resistant material .067 inches thick, similar to type ND, type NDP is specially designed with a pyramidically embossed surface. These extruded pyra- mids provide a comfortable, yet easily cleaned and slip- resistant surface for high traffic areas. A Type NGT A jet -black material designed exclu- sively for pool details, such as targets and racing lanes. NGT is approximately .05 inches thick. It is available in widths to meet NCAA, FINA, or USS marking re- quirements. A Separators or Liners A variety of separators or surface lin- ers are used in the installation. These materials protect the membrane from abrasive surfaces and isolate non-compat- ible materials such as tar joints, rubber based paints, or other petroleum materi- als. They also provide a ready channel for water or gases to escape from beneath the completed lining. A Fleece An 11 ounce, geotextile fleece separa- tor is installed beneath the membrane. This separator fleece is an extremely high quality, certified, geotextile fabric. This engineered fabric is very resistant to the freeze /thaw cycle, soil, chemicals and ul- traviolet light exposure. An excellent sur- face for separation or isolation, this fab- ric has been used extensively for road- ways, rail -beds, pond liner protection and drainage systems. Natatec fleece is unique in that it is guaranteed to be free of all foreign materials such as needles, bits of wire, etc., which could be potentially damaging to the completed lining. 2 Natare Corporation • 5350 West 84th Street • Indianapolis, IN 46268 • (800) 336 -8828 • (317) 872 -8828 • (317) 872 -9998 fax • www.n=m.com Apo Apo 9, Natatee Swimming Pool Membrane Systems For Pool Construction or Renovation A PVC Coated Steel Sheets The PVC steel sheet is an epoxy coated sheet with a layer of PVC laminated to one side, providing a total thickness of approximately 1/16 inch (20 gauge). Coated steel offers excellent corrosion resistance. This PVC coated sheet is used to form edges, angles, comers or other transitions where a firm surface is necessary to weld the membrane. Steel sheets are available in full sheets as well as conveniently formed angles and flat pieces. Standard sizes include: • 1" x 2" PVC steel angle 10' -0" long with PVC on the inside or outside surface • 2" flat PVC pieces, 10' -0" long A Galvanized Stainless Steel Sheet A twenty gauge, heavily galvanized or stainless steel sheet is also provided in several standard configurations. This steel sheet is used to reinforce edges, to serve as a protective barrier between tar joints, over holes or crevices, or virtually any area where extra heavy duty reinforce- ment, shaping or separation is required. The membrane is not connected to this sheet. Twenty gauge galvanized or stain- less steel are available in 48" x 120" rect- angular sheets. Other standard sizes in- clude: • 2" x 2" by 10' twenty gauge galvanized angle • 6" x 10' twenty gauge galvanized stainless steel pieces Special configurations of both galva- nized or stainless steel and PVC coated steel are available. A Fleece Adhesive A special acrylic dispersion glue is used to attach the fleece separator to the pool wall or bottom. Standard practice is to apply this adhesive with a roller. A stan- dard five gallon container will cover ap- proximately 1,000 square feet of area. A Cold Welding Agent This welding agent is used to weld strips of the membrane in areas where hot air welding cannot be utilized. A Edge Sealant Natatec edge sealant is a special PVC sealing compound which is used to com- pletely close the edge of the membrane material. Color coordinated to match the membrane sheets, it is applied to com- pletely seal and finish the edge of a welded joint. ANataStat Microbiocide NataStat Microbiocide is a specially formulated sanitizing agent which is ap- plied to the pool surface prior to install- ing the fleece or membrane. NataStat kills fungus, mold spores and bacteria on the pool surface and prevents these orpni-qms from growing under the finished mem- brane. NataStat is fun3ished in 32 ounces bottles, and each bottle will effectively treat 500 square feet when properly di- luted with water, and spray applied. A Drive Rivets Rivets are used to affix the PVC steel or galvanized steel to the pool surface. One rivet is installed approximately ev- ery 4 ". Rivets are easily installed by drill- ing a 3/16" diameter hole and inserting the rivet, which is firmly seated with a hammer blow. A variety of special fas- teners are available for attaching or ter- minating our membrane systems to virtu- ally any substrate. Application and Warranty Installation of the system is available from our skilled technicians or from our network of authorizedbuilder distributors. The system is guaranteed for a period of ten (10) years when properly installed by a knowledgeable and experienced appli- cator. See Natare warranty for more in- formation. Technical Data PRVWtY Test VIVA %MCECo4+n 1268!¢ ASAtD792 Ibi!® 60.1 M8_ AMMD374C 1MT_—_- MD imm AS7MD638 XD 847 PH ASMD639 YkMEhmpdnu NO 66% AMMD638 XD 54% ASIMD638 ttiat T® MD 46s PH ASIMD638 XD 416 PH ASTMD43B ftwht>nwh3m MD 27Dx ASIMD638 XD 2= ASRADWS s®cr.= ---_ 1w 1 SUM ASQND638 m 127AP9 AMMD98 bwTaw a> I No 224 u3 ASEWD I0D4 M 25.1 IS ASIMD 10% IawTCWW= h'"K MD -35 Da& C ASUtD I'M XD 33 Deg C AMMD 1750 V%n Abmv" 403D% As3MD57o -Nvw =wma&=l_ 'minamuamr-_Eked= �j 11 Details. complete specifications, and ,JI guides to specifying are available on disk. Natare Corporation • 5350 West 84th Street " Indianapolis, IN 46268 • (800) 336 -8828 • (317) 872 -8828 • (317) 872 -9998 fax • wwwnatare.com Natatec Swimming Pool Membrane Systems For Pool Construction or Renovation How does Natatec Membranes compare to other Re- Surfacing Methods? Mahan provides high cost t$ecM high 9m* ye simple systems for building or renovating swimming pools, watelw& or any kind of aquatic f &c .. Natatec Swimming Pool Membrane Systems • Guaranteed Waiertigbt • Eliminate Maintenance Problems * Cost - Effective Pool Renovation • Efficient Pool and mater Feature Construction Natare, Natatec, Natastat and the stylized N are trademarks of the Natare Corporation - 1996 -1498 Natare Corporation For additional information about Natatec Swimming Pool Membrane Systems, contact Natare toll free at 800- 336 -8828, or visit our web site. 4 Na:mei Corp radon - 5350 West 84th Street - Indianapolis, IN 46268 - (800) 336 -8828 - (317) 872 -8828 - (317) 872 -9998 fax - www.naEare.com Concrete/Plaster Adverse Gementitlous Fiberglass ceramic Natatec Condition coatings Paint coatings Tile Membranes Cracking Almost always Always Almost always Will crack & WM never crack retracks re- cracks cracks or delaminates delaminate Will not grow Black Algae Will grow back Will grow Will support Will support through or through back through algae growth algae growth support algae growth Add Can be acid washed Unknown Unknown Subject to chemical Low: grout Does not need Resistance approx. three times deterioration joints attacked acid washing Pool Contributes to alkalinity of water; Encourages Reduces tb -�++�t Cbemiol encourages and Less than p Las than plaster and supports requirements by Use sat supports algae growth algae growth a wide margin Water- Will crack: not Will leak; no Will delaminate Will leak; crack & A watertight Tigbtness watertight on efTtxt me and leak in time delarrunate impervious watertightness quickly membrane General Cbend-1 Very poor No protection Will deteriorate Grout joints Not effected by noel pool Resistance will deteriorate treatment levels Expected d Life 3 - S years I - 3 years 3 - S years S - 10 year 20 + years Mahan provides high cost t$ecM high 9m* ye simple systems for building or renovating swimming pools, watelw& or any kind of aquatic f &c .. Natatec Swimming Pool Membrane Systems • Guaranteed Waiertigbt • Eliminate Maintenance Problems * Cost - Effective Pool Renovation • Efficient Pool and mater Feature Construction Natare, Natatec, Natastat and the stylized N are trademarks of the Natare Corporation - 1996 -1498 Natare Corporation For additional information about Natatec Swimming Pool Membrane Systems, contact Natare toll free at 800- 336 -8828, or visit our web site. 4 Na:mei Corp radon - 5350 West 84th Street - Indianapolis, IN 46268 - (800) 336 -8828 - (317) 872 -8828 - (317) 872 -9998 fax - www.naEare.com CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—July 6, 1998 Subject/Agenda Item: Award of bid for construction of Oaks park rest room f�uilrlina_ Recommendation/Motion: Approve bid submitted by Onarato Construction of West Palm Beach in the amount of $35,990 for construction of the Oaks park rest room building. Reviewed by: Originating Dept: Costs: $_35,990_ Council Action: Total City Attorney Parks and Recreation [ ] Approved Finance $ 50,OQO [ ] Approved vd conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: 523/98 [ x ] Operating Paper: Palm Beach Post [ ] Other I. Memo from Parks and [ ] Not Required Recreation Director Submitted by: Sue Miller, Department Director Affected parties [ ] Notified Budget Acct#:: 01- 2080 - 519 -6350 [ ] None Approved by: City Manager [ ] Not required MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation 6M DATE: July 6, 1998 RE: Award of bid for Oaks park rest room building Staff has advertised and received five bids for constructing the Oaks park rest room building. The bidders and their prices included: - Columbia Building and Design of Palm Beach Gardens - $22,350 (bid did not include wajerpnd sewer fees) - Onarato Construction, In., of West Palm Beach - $35,990 - Republic Construction and Development of Delray Beach - $37,289 - West Construction, Inc., of Lantana - $43,607 - Galfa Cee Company - $45,702 Staff recommends rejection of the lowest bidder, Columbia Building and Design due to an incomplete bid, and therefore recommend that the award be made to Onarato Construction of West Palm Beach, as the most responsible bidder. They anticipate completion of the projpct within 100 days after notice to proceed. $50,000 has been allocated for this project in fiscal year 1997 -98. If you have any questions regarding this project, please advise at your earliest convenience. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 6, 1998 Subject/Agenda Item: Award of Architect Services for design of skatepark. Recommendation/Motion: Award contract to MPA Architects to supply Architect Services for design of new skatepark facility at Plant Drive park. Reviewed by: Originating Dept: Costs: Council Action: Total City Attorney Parks and Recreation [ ] Approved Finance $_250,000 [ J Approved wwoa,aftm Current FY ACM [ J Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other. Date: May 29, 1998 [ X ] Operating Paper: Palm Beach Post [ ] Other 1. Memo from Parks and [ ] Not Required Recreation Director Submitted by: Sue Miller Department Director Affected parties [ )Notified Budget Acct#:: 01- 2080 - 519 -6350 [ ] None Approved by: City Manager [ ] Not required MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation-6i \ DATE: July 6, 1998 RE: Award of bid for architectural services for new skatepark Staff has advertised an LOI for the purpose of providing architectural services for the design of the new skatepark, which will be located at Plant Drive park. The three proposers who responded to the request included: - MPA Architects, Inc., of West Palm Beach - Borelli and Associates of Winter Park - Post, Buckely, Schuh & Jernigan, Inc., of West Palm Beach The criteria used to evaluate proposers for this selection included the firm's ability to meet time and budget requirements, experience, education and training, financial stability, geographic location of firm, recent, current and projected workload of the firm, the volume of work previously awarded to each firm by governmental agencies and references. Staff has determined that the firm best qualified to meet the needs of the City in the design of this new skatepark is MPA Architects. They have completed many parks and recreation projects for a variety of municipalities throughout the county, as well as for Palm Beach County. itself. They have brought on board as their "skatepark consultant" Tim Payne of Team Pain Enterprises, Inc., of Winter Springs, Florida, who in his 20 year career has participated in the design and construction of over 100 skating facilities worldwide. $250,000 has been budgeted for the entire scope of this project, including architect fees, in fiscal year 1997 -98. If you have any questions regarding this information, please advise. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JULY 2, 1998 The July 2, 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 City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Lauren Furtado, Councilman Eric Jablin, Councilman David Clark, and Councilman Carl Sabatello. ANNOUNCEMENTS Mayor Russo stated the announcements were as posted. CITY MANAGER REPORT City Manager Herakovich announced FDOT would be conducting a spot speed survey on Military Trail as a result of a request to lower the speed limit; and was also reviewing the sight triangle at the Winn Dixie Shopping Center. The City. Manager reported work on the municipal complex was progressing according to plan. City Manager Herakovich advised that residents were participating in the Buy A Brick program; a letter had been received in support of the Frenchman's Forest Nature Center; more trees would be relocated from the City's property; and requested permission to proceed with an application for a Beautiful Palm Beaches grant to pay 50% of the cost to landscape the area at Alternate AIA & the FEC railroad tracks. The City Manager reported a former City employee had been arrested and was the subject of an on -going criminal investigation which had nothing to do with the City. City Manager Herakovich reported that the issue of covered parking discovered during a Council meeting had not been part of the site plan application, and assured the Council that staff was being very careful and doing a good job. ITEMS BY MAYOR AND COUNCIL Vice Mayor Furtado Vice Mayor Furtado reported she had been successful in changing the verbiage in the motion regarding the Northern Palm Beach Turnpike Interchange so that it was not tied to extension of Jog Road, and that if approved, the interchange would be completed in five years or less. The Vice Mayor explained that she would be CITY COUNCIL REGULAR MEETING, 7/2/98 0a willing to work with PGA National residents to gate their road, leaving access on either end to the interchange, when there was another north -south road in addition to Jog Road. The Vice Mayor reported progress on the TIPS Program, and that a duplex had been made available to house the program. Councilman Sabatello Councilman Sabatello reported Planning and Zoning Commission was making a lot of changes, and that their review process was becoming stronger, and explained they had requested a copy of the final review of projects by City Council to use as a learning tool. Chair Pro Tem Jablin Councilman Jablin reported the Education Advisory Board had elected new officers and thanked Alan Adams for doing a wonderful job during the past four years. Councilman Jablin reported the Education Advisory Board was working with similar boards in this area to sponsor a forum for School Board candidates which would be held August 22, produced by the magnet program of Palm Beach Gardens High School, and aired on Channel 20. Councilman Jablin reported work was progressing on the City's web site. In response to Councilman Jablin's question regarding the traffic signal at Riverside and Burns Road, the City Manager explained that the County had agreed to a flashing yellow light but the City was attempting to get a stop and go light instead. After discussion, Vice Mayor Furtado requested a letter be sent to the County Commissioners explaining that because of the traffic situation on Bums Road the City Council and staff was requesting a stop and go light instead of the flashing light which had been approved. Mayor Russo The Mayor reported he and Councilman Sabatello had attended the Chamber of Commerce Breakfast. Mayor Russo commented on the upcoming sale of MacArthur Foundation land, and recommended a critique of the City's land uses so that the City would not be forced to accept something they did not desire. Discussion ensued, which resulted in direction to the City Manager to define an RFP for an expert to review land uses. Mayor Russo described the Risk Program to educate children on accident prevention in which the City Fire and Police Departments were participating. Mayor Russo stated he had read the report on the golf course and questioned whether monitoring could be done to prevent problems in the future. The City Manager commented that the report had tried to show constant policy changes that had negatively affected operation of the golf course, and defined the RFP for a golf course manager. CITY COUNCIL REGULAR MEETING, 7/2/98 3 After discussion, a meeting between the City Council and Mr. Dubin was requested. Because all City Council members could not be present for the scheduled July 16 meeting, the Golf Digest agenda item was added to the Budget workshop scheduled for July 22. COMMENTS FROM THE PUBLIC Richard Orman Richard Ormond, 4203 Oak Street, reported that a new program created by the International City Manager's Association would partner European and American cities to share ideas and concepts to help European cities in emerging democracies move forward in their concept of democracy. Mr. Ormond requested the City be allowed to make application for this program, for which participation would be very competitive, and explained how his experience could be helpful. Mayor Russo requested the City Manager report back to Council regarding impact of this project on on staff. Mr. Ormond reported there would be no cost to the City. Linda Huey thanked the City for its cooperation in canceling the fireworks. CONSENT AGENDA Councilman Clark made a motion, seconded by Councilman Jablin, to approve the Consent Agenda. The motion was unanimously carried by vote of 5 -0. The following items were approved on the Consent Agenda: 1. Minutes of 6/18/98 City Council Special Regular Meeting. 2. Resolution 58, 1998 - Consideration of Approval of an Agreement Between the City and the Palm Beach Gardens Youth Athletic Association. 3. Resolution 60, 1998 - Consideration of Approval to appoint Voting Delegates for the 72nd Annual Florida League of Cities Conference. 4. Resolution 61, 1998 - Consideration of Approval of an Interlocal Agreement Between the Palm Beach County School District and the City of Palm Beach Gardens Parks and Recreation Department. 5. Resolution 62, 1998 - Consideration of Approval of an Easement Agreement Between the City and the MacArthur Foundation. CITY COUNCIL REGULAR MEETING, 7/2/98 4 PUBLIC HEARINGS: Resolution 51, 1998 Councilman Clark made a motion to approve Resolution 51, 1998, providing for authority to Authorize and Direct the Mayor and City Clerk to Execute a Warranty Deed to Palm Beach County to Convey Right -of -Way Necessary to Install a Right Turn Lane on Military Trail at the Intersection of Burns Road. The motion was seconded by Councilman Jablin and carried by unanimous 5 -0 vote. Resolution 54, 1998 After discussion of Resolution 54, 1998, providing for a Site Plan and Temporary Conditional Use for the Placement and Use of One Modular Unit at Nativity Lutheran Church, it was agreed to add a condition requiring a double row of staggered live oaks on the south and west sides. The applicant agreed to the conditions of approval. Councilman Clark made a motion to approve Resolution 54, 1998, with the condition as read into the record by the City Attorney and Councilman Sabatello. The motion was seconded by Vice Mayor Furtado and carried by unanimous 5 -0 vote. Resolution 56, 1998 Councilman Clark made a motion to approve Resolution 56, 1998 to Reappoint Three (3) Members whose terms were currently expiring to the Beautification and Environmental Committee The motion was seconded by 'Vice Mayor Furtado and carried by unanimous 5 -0 vote. Resolution 63, 1998 City Attorney Acton advised that Resolution 63, 1998, Consideration of Approval of a Site Plan for a 117 -unit Hampton Inn Hotel on Lot 1 of the Plat of RCA Boulevard Center, would not be considered for approval tonight since due to the unusual nature of the property as a PUD within a PCD, a Public Hearing would be required; however, Attorney Acton recommended that the City Council consider tonight any other issues involved. Principal Planner Marty Minor reviewed the staff report and responded to questions from the City Council. A representative for the applicant described the project. It was the consensus of the City Council that all four sides of the building should be equally architecturally enhanced and that additional landscaping should be installed so thaf there was sufficient landscaping on all sides to soften the building. Other comments and discussion included making the access a permanent road; whether rooftop equipment would be visible from PGA Boulevard after it had been elevated, whether stacking for parking cars was sufficient at the porte cochere, and the number of flags allowed. CITY COUNCIL REGULAR MEETING, 7/2/98 61 A resident of Gardens of Woodberry, suggested a restriction during the construction period that all construction traffic be required to enter the site from the entrance near Alternate A I A. Resolution 65, 1998 Principal Planner Kim Glas presented Resolution 65, 1998, Consideration of Approval of a Concurrent Application Procedure for a Comprehensive Plan Amendment and A Planned Unit Development Concerning Lands Located on the South Side of Idlewild Drive and North of the Soverel Marina, known as " Soverel North ". Councilman Clark made a motion to approve Resolution 65, 1998. The motion was seconded by Councilman Jablin and unanimously approved by vote of 5 -0. Resolution 70, 1998 In connection with Resolution 70, 1998, Consideration of Approval for the Extension of the Cable Franchise agreement with Adelphia Cable Company, Paul Friedman reviewed issues in progress including franchise fees, interlocal agreement with the County regarding right -of -ways, and public access channels. Mayor Russo expressed concern that this important item had been added to the .consent agenda without the City Council members having an opportunity for review. It was explained that this extension was needed because there were too many issues to be resolved to meet the July 23, 1998 expiration date. Councilman Sabatello questioned the amount of franchise fees for comparable size cities and whether those fees could be raised, expressed concern with deregulation of the industry, and was assured that the City Council would have an opportunity to review the contract and present questions at a later date. Councilman Clark made a motion to approve Resolution 70, 1998. Councilman Jablin seconded the motion, which carried by unanimous vote of 5 -0. ORDINANCES Ordinance 4, 1998 Principal Planner Kim Glas explained the documents which had been provided to the City Council members for Ordinance 4, 1998, Providing for Amendment of the Comprehensive Plan of the City of Palm Beach Gardens. Ms. Glas reviewed the changes requested and explained the negative impacts of mining operations. Councilman Clark made a motion to place Ordinance 4, 1998 on First Reading by title only, seconded by CouncilmanJablin and unanimously carried by vote of 5 -0. The City Clerk read Ordinance 4, 1998, by title only, on first reading. Ordinance 14, 1998 City Forester Mark Hendrickson presented Ordinance 14, 1998, CITY COUNCIL REGULAR MEETING, 7/2/98 n Providing for Amendment of the Site Plan Known as Woodberry Lakes, by Creating a 10 -foot Wide Easement Along Properties Adjacent to PGA Boulevard to Establish a "Gardens of Woodberry" Buffer, Including a Wall and Landscaping. Councilman Clark made a motion to place Ordinance 14, 1998 as amended to remove Section 2(D), on First Reading by title only, seconded by Chair Pro Tern Jablin and unanimously carried by vote of 5 -0. The City Clerk read Ordinance 14, 1998, by title only, on first reading. ITEMS FOR COUNCIL ACTION Howell Drive Parcel Development by Christ Fellowship Church Growth Management Director Roxanne Manning explained the subject property was one lot removed from Christ Fellowship Church and surrounded on all four sides by the City of Palm Beach Gardens, and that the proposed land use change would allow a 120 - bed children home rather than 9 dwelling units allowed under the current land use. It was the consensus of the City Council to advise Christ Fellowship Church that the City objected to this project. Sidewalk Link to Military Trail from New City Hall/ Police Station Principal Planner Kim Glas reviewed the proposed sidewalk links. City Manager Herakovich explained that the City Council had requested staff bring this matter back for further discussion as to whether the sidewalk links could be improved. It was the consensus of the City Council to construct the sidewalks. CITY COUNCIL REGULAR MEETING, 7/2/98 7 ADJOURNMENT There being no further business to discuss, upon motion by Vice Mayor Furtado, seconded by Councilman Clark, the meeting was adjourned at 10:10 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST: LINDA V. KOSIER, CMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date:—June 29, 1998 Subject/Agenda Item: Approval of Interlocal agreements with Palm Beach County School Board for use of school facilities. Recommendation/Motion: Authorize City Manger to enter into agreement with Palm Beach County School Board allowing for both parties to utilize each others facilities, for the next three years. Reviewed by: City Attorney Originating Dept: Parks & Recreation Costs: S Total Council Action: [ j Approved Finance $ [ j Approved w/ aondrio.s Current FY ACM [ j Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ ] Operating Paper. [ j Other I. Memo from Director of Parks & Recreation 2. Copies of interlocal agreements Submitted by: Sue Miler, [ X ] Not Required Department Director Affected parties [ ] Notified Budget Acct#:: [ ] None Approved by: City Manager [ ] Not required MEMO PARKS AND RECREATION TO: Bobbie Herakovich, City Manager FROM: Sue Miller, Director, Parks & Recreation %/�, �a DATE: June 29, 1998 RE: Execution of agreement between City and Palm Beach County School Board for shared use of facilities The Palm Beach County School Board has signed the attached Master Interlocal Agreement, along with the necessary addendum, which allow for the shared use of facilities between the City and the School Board. The agreement will be valid until June 25, 2001, with an additional three year extension permissible. The agreement allows for the City to request use of school district facilities, when they are not in use for its public education programs, subject to rules, regulations and policies of the district, and allows the school district the same ability to request use of City facilities. The Addendum to the Master Interlocal Agreement identifies the local schools which are a part of this agreement which include; 1. Palm Beach Gardens Elementary 2. Allamanda Elementary School 3. Timber Trace Elementary School 4. Watkins Middle School 5. Duncan Middle School 6. Palm Beach Gardens High School 7. Dwyer High School In order to validate the agreement and addendum, the signature of the Mayor is required as indicated. If you have any questions, I am available for discussion at your convenience. RESOLUTION 61, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN INTER-LOCAL AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE SCHOOL DISTRICT OF PALM BEACH COUNTY FOR MUTUAL USE OF FACILITIES; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID INTERLOCAL AGREEMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Palm Beach County School District ( the "School District ") is the controlling body of the Puklic Schools of Palm Beach County, Florida, and owns and operates school facilities ( "school facilities ") within the City of Palm Beach Gardens (the "City "); WHEREAS, the City owns, operates and maintains various parks and recreation areas as within the City of Palm Beach Gardens ( "Parks Facilities "), WHEREAS, the School District and the City recognize the need, on occasion, for -both parties to utilize the facilities of the other, thereby minimizing the duplication of facilities; WHEREAS, the City is desirous that the integrity of its Comprehensive land use Plan is maintained and that the residents have reasonakle use of certain parts of the school facilities when not in use for educational or program purposes estaklished ky the School District; and WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation Act, F.S. 163.3161(4), to encourage and ensure cooperation ketween and among the local governmental entities to provide for the coordination of development activities of units of local government; 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 hereky approves an Interlocal Agreement Between the School District of Palm Beach County and the City of Palm Beach Gardens enakling the County to use the parks facilities and the City to use the school facilities in accordance with the terms therein parties to utilize each others facilities for a period of three years, and addendums, copies of which are attached hereto and made a part hereof. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute said Interlocal Agreement and addendums on behalf of the City of Palm Beach Gardens. Resolution 61, 1998 Page 2 of 2 SECTION 3. This Resolution shall -be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY 1998. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney AYE NAY ABSENT This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT OF PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS THIS AGREEMENT, entered into this day of , 19 , between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL DISTRICT "), and the CITY OF Palm Beach Gardens, a Florida municipal corporation, (hereinafter referred to as "CITY "). WITNESSETH: WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan Development Regulation Act. F.S. 163.3161 (4), to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WHEREAS, the SCHOOL DISTRICT is the controlling body of the Public Schools of Palm Beach County, Florida, and owns and operate schools within the City of Palm Beach Gardens; and WHEREAS, both the SCHOOL DISTRICT and the CITY recognize the needs, on occasion, for both parties to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the CITY is desirous that the integrity of its Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facilities when not in use for educational or program purposes established by the DISTRICT. WHEREAS, the City is the controlling body of various parks and recreation areas and owns and operate these areas within the City of Palm Beach Gardens. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows: 1. That this Agreement is entered into under the authority of Section 163.01, Florida Statutes. 2. Individually designated school center facilities and city facilities shall be subject to all terms and conditions of this Agreement through an Addendum to the Agreement. 3. All school center facilities shall be available for public use when not required by the SCHOOL DISTRICT for its public education programs; provided however, such use shall be subject to the rules, regulations and policies of the SCHOOL DISTRICT and in compliance with all Federal, State and local laws. 4. The CITY's use of school center facilities shall be requested by proper application identifying the nature of the use, facility space requirements, and SCHOOL DISTRICT personnel requirements. Application for use shall be made to the school's Principal at least ten (10) days prior to CITY use with the Principal making a recommendation on the use to the SCHOOL BOARD and/or Area Executive Director. Final review and approval of the application rests solely with the SCHOOL BOARD and /or Area Executive H \data \wp51 \doc \agramt \hIm -pgh. agr 1 AAH:cd 1/14/98 Director and the CITY shall be notified of their decision at least 72 hours prior to the use. 5. The School Board's use of City facilities shall be requested by proper application identifying the nature of the use, facility space requirements, and City personnel requirements. Application for use shall be made to the Parks and Recreation Director at least ten (10) days prior to School District use with the Director making a recommendation on the use to the City Manager or his designee. Final review and approval of the application rests solely with the City Manager or his designee and the School District shall be notified of their decision at least 72 hours prior to the use. 6. All School District facilities shall be available for City use when not required by the School Board for its programs, provided, however, such use shall be subject to the rules, regulations and policies of the School Board and in compliance with all Federal, State and local laws. 7. The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the CITY is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. This Agreement may be modified only by mutual resolution of the parties' respective governing bodies. 9. This Agreement may be recorded in the Pubic Records of Palm Beach County, Florida. 10. This Agreement shall be in full force and effect for a period of three (3) years commencing on the day and date first written above. It is understood that this Agreement may be renewed or extended by the mutual consent of the governing bodies for both parties, for an additional three (3) years commencing at the expiration of the original previous three year term, subject to the same terms and conditions as provided herein and by addendum or amendment. Either party intending to exercise the option to renew this Agreement, shall provide the other party with written notice of their intent at least ninety (90) days prior to the expiration of the term of this Agreement. 11. This Agreement may be terminated in its entirety by either party giving to the other party, written notice at least Ninety (90) days prior to the date of termination. 12. All notices herein required, permitted to be given to or served upon either party shall be in writing. Any such notice shall be deemed sufficiently given or served, if served personally, sent Certified mail by the United States Mail, or by any nationally recognized overnight carrier to the SCHOOL DISTRICT or the CITY at the address set forth as follows: H\dara \wp51 \doc\agreemt \hl m -pgh. agr AAH:cd 1 /14 /98 2 �: As to School Board: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Director, Planning and Real Estate 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 With Copies to: Dr. Joan P. Kowal Superintendent 3340 Forest Hill Boulevard, Suite C -316 West Palm Beach, Florida 33406 -5869 Office of the General Counsel 3318 Forest Hill Boulevard West Palm Beach, Florida 33406 As to City: Bobbie Herakovich, City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 With Copies to: Susan Miller, Director of Parks and Recreation City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 13. If any term or provision of this Agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. 14. This Agreement together with any addendum that may now or in the future be attached and become a part hereof of this Agreement set forth all the covenants, promises, agreements, conditions and understandings between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, amendments, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. H\ data \wp51 \doc\ag memt\hl m-pgh. agr 3 AAH:cd I /14/98 IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. Signed in the presence of: SCHOOL BOARD OF P" BEACH COUNTY FLORIDA By: Ptte Bur Chairman s to the Board STATE OF FLORIDA COUNTY OF PALM BEACH Dr. Jdbn P. Kowal, Superintendent (SEAL) I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared Paulette Burdick, Chairman and Dr. Joan P. Kowal, Superintendent of the School Board of Palm Beach County, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the School Board. SWORN to and subscribed before me this WY day of �� , 1998. My Commission Expires: LINDA J. SAVIU.E MY COWASSION ! M43M EWRES Notary Public January 16,1999 rV FAIN 061Ai M, ING (Notary Seal) Signed in the presence of: City Of Palm Beach Gardens, Florida Attest: H\data \wp51 \doc\agreemc \hlm -pgh. agr 4 By: Mayor Joseph Russo Linda V. Kosier, City Clerk (SEAL) AAH:cd 1/14198 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared as , and as of the City of Palm Beach Gardens, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the City. SWORN TO and subscribed before me this day of , 1998. My Commission Expires: Notary Public (Notary Seal) Approved: Approved: Tom Baird CITY ATTORNEY Karen V.D.H. Fischer SCHOOL BOARD ATTORNEY H\ data \wp51 \doc\agreemAh1m- pgh.agr AAH:cd 1/14/99 5 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO MASTER INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR THE MUTUAL USE OF RECREATIONAL FACILITIES AT ALLAMANDA ELEMENTARY SCHOOL AND THE PALM BEACKGARDENS NATURE PRESERVE AND ATHLETIC FACILITIES This Agreement made and entered into this day of , 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL DISTRICT OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "SCHOOL DISTRICT ". WIT NESSETH: WHEREAS, the SCHOOL DISTRICT is the owner in fee simple of the t acres public school known as Allamanda Elementary School, located within the CITY. A complete description thereof being attached hereto as Exhibit "A ". WHEREAS, the CITY owns and operates the Palm Beach Gardens Nature Preserve and Athletic Facilities located adjacent to Allamanda Elementary School as shown on Exhibit "B ". WHEREAS, both the SCHOOL DISTRICT and the CITY own and operate various athletic facilities in the area of Allamanda Elementary School, and the Sports'Facility along the Prosperity Farms Area, which includes gymnasiums, playgrounds, ballfields, athletic fields and recreational areas for the benefit of public school students and the general public, and H:\ DATA \WP51 \DOC\AGREEMT\INTERLOC.ALEI 1 AAH:bf 2/13/98 WHEREAS, both the SCHOOL DISTRICT and the CITY recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities and Nature Preserve Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and nature preserve and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at Allamanda Elementary School owned and operated by the SCHOOL DISTRICT shall be available for use by the CITY at all times, except during normal daytime school programs for children, or when being used for school activity programs. The Palm Beach Gardens Nature Preserve and Athletic Facilities owned and operated by the CITY shall be available for use by the SCHOOL DISTRICT at all times, except during regularly scheduled programs by the CITY. 2. Procedure for Reauestina Use of a Facility All requests by the CITY for the use of the Allamanda Elementary School athletic facilities will be initiated by the CITY and directed to principal of Allamanda Elementary School. The principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the SCHOOL DISTRICT for the use of the Palm Beach Gardens Nature Preserve and Athletic Facilities will be initiated by the principal of Allamanda Elementary School and directed to the CITY. The CITY will evaluate the request and approve if facility is not otherwise in use. H:\ DATA \WP51 \DOC\AGREEMT\INTERLOC.ALE2 2 AAH:bf 2/13/98 3. Notice The CITY and the SCHOOL DISTRICT agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten (10) days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adequate Supervision and Student Conduct Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C ". 5. Manner of Use: Cleanup Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Aereerpent a. The CITY agrees to be responsible for vandalism to the SCHOOL DISTRICT'S facilities during the periods the facilities are used by the CITY. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. b. The SCHOOL DISTRICT agrees to be responsible for vandalism to the CITY's facilities during the periods the facilities are used by the SCHOOL DISTRICT. 7. Insurance a. The SCHOOL DISTRICT recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida H:\ DATA \WP51 \DOC\AGREEMT\INTERLOC.ALE3 3 AAH:bf 2/13/98 Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the SCHOOL DISTRICT is using CITY facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the SCHOOL DISTRICT may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. b. The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the CITY is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Terms This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both CITY and SCHOOL DISTRICT annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 9. Terminatign Either parry may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be given to the SCHOOL DISTRICT at: The School District of Palm Beach County, 3340 Forest Hill Boulevard, West Palm Beach, Florida and to the CITY at: The City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, Florida. 10. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities and nature preserve pursuant to the Agreement. H:\ DATA \WP51 \DOC\AGREEMT\INTERLOC.ALE4 4 AAH:bf 2/13/98 11. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals as of the day and year first above written. THE CITY OF PALM BEACH GARDENS, FLORIDA 0 Attest: (SEAL) Mayor Joe Russo Linda V. Kosier, City Clerk Reviewed and Approved Legal Counsel - Watterson, Hyland & Klett THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: XQ"— f - � Paule a Burdick, Chairman Attest: Dr. Joan P. Kowal, Superintendent (SEAL) Reviewed and Approved Karen V.D.H. Fischer - School Board Attorney H:\DATA\WP51\DOC\AGREEMTNDrMRLOC.ALE5 5 AAH:bf 2/13/98 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO MASTER INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR THE MUTUAL USE OF RECREATIONAL FACILITIES This Agreement made and entered into this day of 1 , 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL DISTRICT OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "SCHOOL DISTRICT ". WIT ESSETH: WHEREAS, the SCHOOL DISTRICT is the owner in fee simple of the + acres public school known as Palm Beach Gardens Elementary School, located within the CITY. A complete description thereof being attached hereto as Exhibit "A ". WHEREAS, the CITY owns and operates the Athletic Facilities located in the area near Palm Beach Gardens Elementary School as shown on Exhibit "B ". WHEREAS, both the SCHOOL DISTRICT and the CITY own and operate various athletic facilities in the area of Palm Beach Gardens Elementary School, which includes gymnasiums, playgrounds, ballfields, athletic fields and recreational areas for the benefit of public school students and the general public, and H:\ DATA \WP51 \DOC\AGREEMT\INTERLOC.PGE 1 AAH:bf 2/13/98 WHEREAS, both the SCHOOL DISTRICT and the CITY recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and nature preserve and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at Palm Beach Gardens Elementary School owned and operated by the SCHOOL DISTRICT shall be available for use by the CITY at all times, except during normal daytime school programs for children, or when being used for school activity programs. The Athletic Facilities owned and operated by the CITY shall be available for use by the SCHOOL DISTRICT at all times, except during regularly scheduled programs by the CITY. 2. 1 Procedure for Reauestine Use of a Facility All requests by the CITY for the use of the Palm Beach Gardens Elementary School athletic facilities will be initiated by the CITY and directed to principal of Palm Beach Gardens Elementary School. The principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the SCHOOL DISTRICT for the use of the Athletic Facilities will be initiated by the principal of Palm Beach Gardens Elementary School and directed to the CITY. The CITY will evaluate the request and approve if facility is not otherwise in use. 3. Notice The CITY and the SCHOOL DISTRICT agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of H:\ DATA \WP51 \DOC\AGREEMT\INTERLOC.PGE 2 AAH:bf 2/13/98 activities; memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten (10) days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adequate SUDervision and Student Conduct Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C ". 5. Manner of Use: Cleanup Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement a. The CITY agrees to be responsible for vandalism to the SCHOOL DISTRICT'S facilities during the periods the facilities are used by the CITY. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. b. The SCHOOL DISTRICT agrees to be responsible for vandalism to the CITY's facilities during the periods the facilities are used by the SCHOOL DISTRICT. 7. Insurance a. The SCHOOL DISTRICT recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the SCHOOL DISTRICT is using CITY facilities designated through an addendum to this Agreement, H:\ DATA \WP51 \DOC \AGREENMINTERLOC.PGE 3 AAH:bf 2/13/98 provided however, that this provision shall not be construed as a waiver of any right or defense which the SCHOOL DISTRICT may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. b. The CITY recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the CITY is using school facilities designated through an addendum to-this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Terms This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both CITY and SCHOOL DISTRICT annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 9. Termination Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be given to the SCHOOL DISTRICT at: The School District of Palm Beach County, 3340 Forest Hill Boulevard, West Palm Beach, Florida and to the CITY at: The City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, Florida. 10. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities and nature preserve pursuant to the Agreement. 11. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. H:\ DATA \WP51 \DOC\AGREEMT\INTERLOC.PGE 4 AAH:bf 2/13/98 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seals as of the day and year first above written. THE CITY OF PALM BEACH GARDENS, FLORIDA Attest: (SEAL) Mayor Joe Russo Linda V. Kosier, City Clerk Reviewed and Approved Legal Counsel - Watterson, Hyland & Klett THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: �2-�L /,& n Paule a Burdick, Chairman Attest: 'Dr. Joan P. Kowal, Superintendent (SEAL) Reviewed and Approved Karen V.D.H. Fischer - School Board Attorney H:\ DATA \WP51 \DOC\AGREEMnR- nTRLOC.PGE 5 AAH:bf 2/13/98 This Instrumeat should he returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO THE MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR TIMBER TRACE ELEMENTARY SCHOOL THIS AGREEMENT made and entered into this day of 1998, by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal corporation organized and" existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT". WITNESSETH: WHEREAS, the DISTRICT is the owner in fee simple of approximately 20 acres of land known as Timber Trace Elementary School, located within the corporate limits of the CITY, and more specifically located east of Central Boulevard, and a complete description thereof described in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the DISTRICT petitioned the CITY, and received approval to construct a public school on the lands described in Exhibit "B" (Site Plan) under the Planned Unit Development zoning procedures of the CITY, by Ordinance 11, 1990. WHEREAS, both the DISTRICT and the CITY own and operate various athletic facilities in the area of Timber Trace Elementary School which includes gymnasiums, playgrounds, ballfields, athletic fields and recreational areas for the benefit of public school students and the general public, and H:\ data \wp51 \doc \agreemt \PBGrdns.tte 1 AAH:cd 1/15/98 WHEREAS, both the DISTRICT and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, for and in consideration of mutual benefits received by each parry, the parties hereto mutually agree as follows: 1. Mutual Use.of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at Timber Trace Elementary School, owned and operated by the DISTRICT shall be available for use by the Palm Beach Gardens Recreation Department at all times, except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City shall be available for use by the Board at all times, except during regularly scheduled programs of the City Recreation Department. 2. Procedure for Requesting Use of a Facility, All requests by the City for the use of the Timber Trace Elementary School athletic facilities will be initiated by the City Recreation Department and directed to principal of Timber Trace Elementary School. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the Board for the use of City recreational facilities will be initiated by the Principal of Timber Trace Elementary School and directed to the Director of the Palm Beach Gardens's Recreation Department. The director will evaluate the request and approve if facility is not otherwise in use. H:\ data \wp51 \doc \agreemt\PBGrdns.tte 2 AAH:cd 1/15/98 3. Notice: The City and District agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form; outlining the (late, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. - Adequate Supervision and Student Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C ". 5. Manner of Use: Cleanup. Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement. The City agrees to be responsible for vandalism occurring to the DISTRICT'S facilities occurring during the periods the facilities are used by the City. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School Board agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School 7. Insurance: The School District recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School District H:\ data \wp51 \doc \agreemt\PBGrdns.tte 3 AAH:cd 1/15/98 is using City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School District may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this :agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 9. Terms. This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and District annually, notwithstanding the foregoing this Agreement may be terminated by either parry upon written notice as provided below. 10. 'germination. Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be given to the BOARD at: Superintendent of Schools, 3340 Forest Hill Boulevard, West Palm Beach, FL; and to the City at: City Manager, 10500 North Military Trail, P.B.G., FL. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. H:\ data \wp51 \doc \agreemt \PBGrdns.tte 4 AAH:cd 1/15/98 IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed by its respective officers on the day, month and year aforementioned. CITY OF PALM BEACH GARDENS, FLORIDA Joe Russo, Mayor Linda Kosier, City Clerk WITNESSES: (Two are required) Signature [Print Name] Signature [Print Name] APPROVED AS TO LEGAL FORM City Attorney THE SCHOOL DISTRICT OF PALM BEACH COUNTY Paulette Burdick, Chairman Dr. Joan P. Kowal, Superintendent WITNESSES: (Two are required) 1. r�L� avx / igna re [Print Name] 9Cy(d�l..1/K� � 1tni�il.(..lJv QSignature Su.2.a,+n vw- L [Print Name] APPROVED AS TO LEGAL FORM School Board Attorney H:\ data \wp51 \doc \agreemt \PBGrdns.tte 5 AAH:cd 1/15/98 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an Office duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , Mayor of the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said City. WITNESS my hand and seal on this the day of , 1998. Notary Public, State of Florida at Large STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me an Office duly authorized in the State and County aforesaid to take acknowledgements, personally appeared Chairman of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said School Board. WITNESS my hand and seal on this the a 5 day of 1998. -. UNDA J. SAVRU e►. .r_ MY COMMISSION i CC432695 EXPIRES Janm SONOED 7Nf TWY AN ' WWRAW, M Notary Public, State of Florida at Large H:\ data \wp51 \doc \agreemt \PBGrdns.Me 6 AAH:cd 1/15/98 u� This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO MASTER INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR THE MUTUAL USE OF RECREATIONAL FACILITIES AT H. L. WATKINS MIDDLE SCHOOL AND THE LAKE CATHERINE SPORTS FACILITIES This Agreement made and entered into this day of , 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL DISTRICT OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT" WITNESSETH: WHEREAS, the BOARD is the owner in fee simple of the 20.0± acres public school known as H. L. Watkins Middle School, located within the CITY. A complete description thereof being attached hereto as Exhibit "A ". WHEREAS, the CITY owns and operates the Lake Catherine Sports Complex located adjacent to H. L. Watkins as shown on Exhibit "B ". WHEREAS, both the BOARD and the CITY own and operate various athletic facilities in the area of H. L. Watkins Middle School, and the Lake Catherine Sports Facility, which includes gymnasiums, playgrounds, ballfields, athletic fields and recreational areas for the benefit of public school students and the general public, and WHEREAS, both the BOARD and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at H.L. Watkins, owned and operated by the DISTRICT shall be available for use by the Palm Beach Gardens Recreation Department at all times, except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities at the Lake Catherine Sports Complex owned and operated by the City shall be available for use by the Board at all times, except during regularly scheduled programs of the City Recreation Department. 2. Procedure for Reauestine Use of a Facilitv. All requests by the City for the use of the H. L. H:\ data \wp51 \doc \agreemt \interloc.hlm 1 AAH:cd 1/15/98 Watkins public school athletic facilities will be initiated by the City Recreation Department and directed to principal of H. L. Watkins Middle school. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the Board for the use of the Lake Catherine Sports Complex will be initiated by the Principal of H.L. Watkins Middle School and directed to the Director of the Palm Beach Gardens's Recreation Department. The director will evaluate the request and approve if facility is not otherwise in use. 3. Notice: The City and Board agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities, memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adeauate Supervision and Student Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C ". 5. Manncr of Use: CleanuD. Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement. The City agrees to be responsible for vandalism occurring to the BOARD'S facilities occurring during the periods the facilities are used by the City. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School Board agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School Board. 7. Insurance: The School Board recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School Board is using City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School Board may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. H: \data \wp5I Woc\agreemt\interloc.hlm 2 AAH:cd 1/15198 9. Terms, This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and District annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 10. Termination. Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be given to the DISTRICT at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach, FL; and to the City at: City Manager, 10500 North Military Trail, P.B.G., FL. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective flames by their proper officials and under their official seas as of the day and year first above written. ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA, By: Linda V. Kosier, City Clerk (SEAL) ATTES By Q-4-4 Paulette Burdick, Chairman (SEAL) . APPROVED AS TO FORM AND SUFFICIENCY CITY ATTORNEY By: Tom Baird H:\data\wp5l\doc\agreemt\interloc.hlm By: Mayor Joe Russo SCHOOL BO D OF PALM BEACH COUNTY RIDA By: DrA&n I�{owal, Superintendent APPROVED AS TO FORM AND SUFFICIENCY SCHOOL BOARD ATTORNEY By: Karen V:D.H. Fischer 3 AAH:cd 1/15198 This Instrument should he returned to: Director. Planning and Real Estate The School Board of Palm Beach County 3320 .Forest Hill Boulevard west Palm Beach, Florida 33406 -5813 ADDENDUM TO THE MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR WATSON B. DUNCAN MIDDLE SCHOOL THIS AGREEMENT made and entered into this day of , 1998, by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT ". WITNESSETH: WHEREAS, the BOARD is the owner in fee simple of approximately 35.0 acres of land with a 4.53 access easement known as Watson B. Duncan Middle School located within the CITY and located west of Central Boulevard, and a complete description thereof being attached hereto as Exhibit "A" WHEREAS, the DISTRICT desires to construct, maintain and operate a middle school facility on said premises; and WHEREAS, the DISTRICT has petitioned the CITY to approve such usage on the lands described in Exhibit "A: under the Planned Unit Development zoning procedures of the CITY, and an Ordinance, same being Ordinance 20, 1989, has been initiated and placed on first reading; and WHEREAS, the CITY and DISTRICT are fully aware that under the laws of the State of Florida, the CITY does not have the power to issue Building Permits or Certificates of Occupancy, and that the powers of the CITY are land use and zoning approvals; and H:\ data\wp51 \doc \agreemt \PBGarden.WDM I AAH:cd 1/15/98 WHEREAS, the CITY, under its powers, is desirous that under its required procedure that the integrity of its Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facility when not in use for education or program purposes established by the BOARD. NOW, THEREFORE, for an in consideration of the covenants herein contained, the parties agree as follows: 1. MUtual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. Payment of utilities shall be payable upon demand. The athletic and recreational facilities at Watson B. Duncan Middle School, owned and operated by the BOARD shall be available for use by the Palm Beach Gardens Recreation Department at all times, except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City shall be available for use by the Board at all times, except during regularly scheduled programs of the City Recreation Department. 2. Procedure for Reauestin2 Use of a Facilitv. All requests by the City for the use of the Watson B. Duncan Middle School athletic facilities will be initiated by the City Recreation Depai Linent and directed to principal of Watson B. Duncan Middle School. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the Board for the use of City recreational facilities will be initiated by the Principal of Duncan B. Watson Middle School and directed to the Director of the Palm Beach Gardens's Recreation Deparuuent. The director will evaluate the request and approve if facility is not otherwise in use. H: \ data \wp51 \doc \agreemt \PBGarden. WDM 2 AAH: cd 1/15/98 3. Notice: The City and District agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form; outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adeauate Supervision and Student Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board Policy Chapter 5.18. A copy of Chapter 5.18 being attached hereto as Exhibit "C ". 5. Manner of Use: Cleanup. Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement. The City agrees to be responsible for vandalism occurring to the DISTRICT'S facilities occurring during the periods the facilities are used by the City. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School District agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School 7. Insurance: The School District recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School Board H:\ data \wp51 \doc \agreemt \PBGarden.WDM 3 AAH:cd 1/15/98 is using City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School Board may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 9. Terms. This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and District annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 10. Termination. Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be given to the DISTRICT at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach, FL; and to the City at: City Manager, 10500 North Military-Trail, P.B.G., FL. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. H: \data \wp51 \doc \agreemt \PBGarden. WDM 4 AAH: cd 1/15/98 IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed by its respective officers on the day, month and year aforementioned. CITY OF PALM BEACH GARDENS, FLORIDA Joe Russo, Mayor Linda Kosier, City Clerk WITNESSES: (Two are required) Signature [Print Name] Signature [Print Name] APPROVED AS TO LEGAL FORM City Attorney THE SCHOOL BOARD OF PALM BEACH COUNTY aulette Burdick, Chairman Dr. Joan P. Kowal, Superintendent WITNESSES: (Two are required) i� Signature [Print Name] Stgf L [Print Name] APPROVED AS TO LEGAL FORM School Board Attorney H:\ data \wp51 \doc \agreemt \PBGarden.WDM 5 AAH:cd 1/15/98 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an Office duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , Mayor of the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said City. WITNESS my hand and seal on this the day of , 1998. Notary Public, State of Florida at Large STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me an Office duly authorized in the State and County aforesaid to take acknowledgements, personally appeared r 4.� 4 , Chairman of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said School Board. WITNESS my hand and seal on this the a S day of , 1998. Y uNOn I sAVIue N- 11 ION a cca32e95 ocP .s =•: ,, r �"'� „a,y 18 Notary Public, State of Florida at Large 4 e - WNM naau Taor raw a H:\ data \wp51 \doc \agreemt \PBGarden.WDM 6 AAH:cd 1/15/98 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ----------------------------------- - - - - -- ADDENDUM TO THE MASTER INTERLOCAL AGREEMENT FOR THE MUTUAL USE OF RECREATIONAL FACILITIES AT PALM BEACH GARDENS HIGH SCHOOL AND THE CITY OF PALM BEACH GARDENS This Agreement made and entered into this day of , 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT ". WITNESSETH: WHEREAS, the BOARD is the owner in fee simple of the 37.74+ acres of land and improvements thereon known as Palm Beach Gardens High School located within the CITY. A complete description thereof being attached hereto as Exhibit "A ". WHEREAS, both the BOARD and the CITY own and operate various athletic facilities in the area of Palm Beach Gardens High School, which includes gymnasium, ballfields, tennis courts, hand ball courts, athletic fields and recreational areas for the benefit of public school students and the general public, and WHEREAS, both the BOARD and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. The athletic and recreational facilities at Palm Beach Gardens High School, owned and operated by the DISTRICT shall be available for use by the H:\ data \wp51 \doc \agreemt \interloc.pgh I AAH :cd 1/15/98 Palm Beach Gardens Recreation Department except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City, such as the City's swimming pool and ballfields, shall be available to the DISTRICT for use by the various public schools in the City, except at those times when, in the opinion of the City of Palm Beach Gardens Recreation Department, the recreational needs of the City have priority over the use of the facility by the students. 2. Procedure for Requesting Use of a Facility: All requests by the City for the use of the Palm Beach Gardens High school athletic facilities will be initiated by the Director of the City Recreation Department and directed to the Principal of Palm Beach Gardens High School. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the School Board for the use of the City facilities will be initiated by the Principal of Palm Beach Gardens High and directed to the Director of the City Recreation Department. The Director will evaluate the request and approve if the facility is not otherwise in use. 3. Notice: The City and Board agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form, outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adequate Supervision and Student Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School Board policy Chapter 5.18. A copy of School Board Policy Chapter 5.18 being attached hereto as Exhibit "B ". 5. Manner of Ilse; Cleanun: Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement- The City agrees to be responsible for vandalism occurring to the DISTRICT'S facilities occurring during the periods the facilities are used by the City. The School Board agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School Board. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and H:\ data \wp51 \doc \agreemt \interloc.pgh 2 AAH:cd 1/15/98 submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School Board agrees to be responsible for vandalism ocurring to the City's facilities occurring during the periods the facilites are used by the School Board. The City agrees to be responsbile for vandalism ocurring to the School Board's facilities occurring during the periods the facilites are used by the City. 7. Insurance: The School Board recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School Board is using City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School Board may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 9. Terms: This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and Board annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 10. Termination: Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be give to the DISTRICT at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach FL 33406; and to the City at: City Manager, 10500 North Military Trail, Palm Beach Gardens, Florida. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. H:\ data \wp51 \doc \agreemt \interloc.pgh 3 AAH:cd 1/15/98 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper officials and under their official seal as of the day and year first above written. H:\ data \wp51 \doc \agreemt \interloc.pgh 4 AAH:cd 1/15/98 t ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA By: By: Linda V. Kosier, City Clerk Mayor Joe Russo (SEAL) SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA ATTEST: Y� By: _ Paulette Burdick, Chairman DS . Joan P. Kowal, Superintendent (SEAL) APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL SUFFICIENCY CITY ATTORNEY SCHOOL BOARD ATTORNEY By: By: Tom Baird Karen V.D.H. Fischer H:\ data \wp51 \doc\agreemt \interloc.pgh 5 AAH:cd 1/15/98 This Instrument should be returned to: Director, Planning and Real Estate The School Board of Palm Beach County 3320 Forest Hill Boulevard West Palm Beach, Florida 33406 -5813 ADDENDUM TO THE MASTER INTERLOCAL AGREEMENT BETWEEN THE SCHOOL DISTRICT AND THE CITY OF PALM BEACH GARDENS FOR WILLIAM T. DWYER HIGH SCHOOL This Agreement made and entered into this day of , 1998 by and between the CITY OF PALM BEACH GARDENS, Florida, a municipal cooperation organized and existing under the laws of the State of Florida, hereinafter referred to as the "CITY" and the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation, hereinafter referred to as the "DISTRICT" WITNESSETH: WHEREAS, the DISTRICT is the owner in fee simple of approximately sixty (60) acres of land and improvements located within the corporate limits of the CITY and more specifically located on Central Boulevard, known as William T. Dwyer High School. A complete description thereof being attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the DISTRICT petitioned the city to approve such usage on the lands described in Exhibit "A" under the Planned Unit Development zoning procedures of the CITY, and Ordinance 10, 1989, allowing such use was approved by the CITY, and WHEREAS, both the DISTRICT and the CITY own and operate various athletic facilities within the City of Palm Beach Gardens, which includes gymnasium, ballfields, tennis courts, hand ball courts, athletic fields and recreational areas for the benefit of public school students and the general public, and WHEREAS, both the DISTRICT and the City recognize the needs, on occasion, for both parties to utilize the facilities of the other and thereby prevent unwarranted duplication of athletic and recreational facilities. H:\ dat a \wp51 \doc \agreemt \PBGardens.wdh 1 AAH:cd 1/15/98 NOW, THEREFORE, FOR AND IN CONSIDERATION OF MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: Mutual Use of Athletic Facilities. Each party agrees to permit the other, according to prescribed procedures and conditions set forth herein, to utilize its athletic facilities and each party shall be responsible for its utilities cost associated herewith. The athletic and recreational facilities at William T. Dwyer High School, owned and operated by the BOARD shall be available for use by the Palm Beach Gardens Recreation Department except during normal daytime school programs for children, or when being used for school activity programs. The athletic and recreational facilities owned and operated by the City, such as the City's swimming pool and ballfields, shall be available to the BOARD for use by the various public schools in the City, except at those times when, in the opinion of the City of Palm Beach Gardens Recreation Department, the recreational needs of the City have priority over the use of the facility by the students. 2. Procedure for Requesting Use pfa Facility: All requests by the City for the use of the William T. Dwyer High school athletic facilities will be initiated by the Director of the City Recreation Depaiui,ent and directed to the Principal of William T. Dwyer High School. The Principal will evaluate the request and approve if the facility is not otherwise in school use. All requests by the School Board for the use of the City facilities will be initiated by the Principal of William T. Dwyer High and directed to the Director of the City Recreation Department. The Director will evaluate the request and approve if the facility is not otherwise in use. 3. Notice: The City and Board agree to provide adequate notice, when it is necessary to use the above described facilities. Notice may be in the form of a schedule of activities; memoranda or other written form, outlining the date, time and facility needed. Adequate notice is deemed to be ten days prior H:\ data\wp51 \doc \agreemt \PBGardens.wdh 2 AAH:cd 1/15/98 to the date needed. In the event of scheduling conflicts, the facility's owners schedule will prevail if an alternative cannot be agreed upon. 4. Adeauate Supervision and Stntient Conduct: Both parties agree to provide adequate supervision at all times, taking into consideration the type of activities planned, when using the other's facilities. Student conduct and discipline at school facilities shall be governed by School District policy Chapter 5.18. A copy of School District Policy Chapter 5.18 being attached hereto as Exhibit "B ". 5. Manner of Use: Cleanup: Both parties agree to utilize the facilities and equipment of the other in the manner, and to the extent and degree intended for the particular facility or equipment in use and further agree to leave such facilities and equipment in a clean and orderly condition upon leaving the facility. 6. Vandalism to Facilities When in Use Pursuant to this Agreement: The City agrees to be responsible for vandalism occurring to the DISTRICT'S facilities occurring during the periods.the facilities are used by the City. The School District agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School Board. The owner of the respective facility shall cause such repairs to be made as necessary to correct the damage and submit an itemized invoice to the other for damage incurred during the other's use of the facility. The School Board agrees to be responsible for vandalism occurring to the City's facilities occurring during the periods the facilities are used by the School District. The City agrees to be responsible for vandalism occurring to the School District's facilities occurring during the periods the facilities are used by the City. 7. Insurance: The School District recognizes its liability for certain tortious acts of its agents officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the School District is using H:\ data \wp51 \doc \agreemt\PBGardens.wdh 3 AAH:cd 1/15/98 City facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the School District may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 8. Insurance: The City recognizes its liability for certain tortious acts of its agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, for the period of time the City is using school facilities designated through an addendum to this Agreement, provided however, that this provision shall not be construed as a waiver of any right or defense which the City may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 9. Term$: This Agreement shall become effective upon approval of both parties, and shall continue during the term set forth in the Master Interlocal Agreement with review by both City and Board annually, notwithstanding the foregoing this Agreement may be terminated by either party upon written notice as provided below. 10. Termination: Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other. Notice pursuant to this Agreement shall be give to the DISTRICT at: Superintendent of the Schools, 3340 Forest Hill Boulevard, West Palm Beach FL 33406; and to the City at: City Manager, 10500 North Military Trail, Palm Beach Gardens, Florida. 11. Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or martial status, in the use of athletic facilities pursuant to the Agreement. 12. This Agreement contains all the understandings of the parties hereto, notwithstanding any previous written or oral understandings between the parities on the same subject. H:\ data \wp51 \doc \agreemt \PBGardens.wdh 4 AAH:cd 1/15/98 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by its respective officials and under their official seal as of the day and year first above written. CITY OF PALM BEACH GARDENS, FLORIDA Joe Russo, Mayor Linda Kosier, City Clerk WITNESSES: (Two are required) Signature [Print Name] Signature [Print Name] APPROVED AS TO LEGAL FORM City Attorney THE SCHOOL BOARD OF PALM BEACH COUNTY Paulette Burdick, Chairman d r. Joan P. Kowal. Superintendent WITNESSES: (Two are required) ' Si cure Y�hi71t[.tt� � [Print Name] jtt.& A,,,La of 4&&A, Signature W-Z n, rn N -e_ L _ 5 +; e.r< [Print Name] APPROVED AS TO LEGAL FORM School Board Attorney H:\ data \wp51 \doc \agreemt \PBGardens.wdh 5 AAH:cd 1/15/98 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an Office duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , Mayor of the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said City. WITNESS my hand and seal on this the day of , 1998. Notary Public, State of Florida at Large STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me an Office duly authorized in,, the �State and County aforesaid to take acknowledgements, personally appeared i &I,d R Chairman of the SCHOOL BOARD OF PALM BEACH COUNTY, Florida, a public school corporation of the State of Florida, and that he acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said School Board. WITNESS my hand and seal on this the d S day of � , 1998. UNIM J. SAVIU.E MY COMMSSION 4 CC432695 EXPIRES 4 January 16, 1999 � oa.h 80NOED TNRU TROY FAIN INSURANCE. INC. Notary Public, Sta a of Florida at Large H:\ data \wp51 \doc \agreemt \PBGardens.wdh 6 AAH:cd 1/15/98 e "OOL 0�45�x THE SCHOOL DISTRICT W 7o OF PALM BEACH COUNTY. FLORIDA NORTH AREA ADMINISTRATION ISLAND PLAZA 80 EAST 30TH STREET <1 RIVIERA BEACH, FL 33404 OEKH mse," (561) 881.4718 FAX (561) 881-4751 Susan Miller, Director Parks and Recreation Department 4404 Burns Road Palm Beach Gardens, FL 33410 Dear Ms. Miller, DR. JOAN P KOWAL urn ULYSSES SMTTH #JU5I POWENDM June 5, 1998 A& �ww�rr ro�erww�ro- �I7 Thank you for your letter of May 28, 1998, regarding the Interlocal Agreement between the Palm Beach County School District and the City of Palm Beach Gardens Parks and Recreation Department. This is to notify you that the Interlocal Agreement is scheduled to be considered by the Palm Beach County School Board at the June 17, 1998, Board meeting. It is my understanding that the Agreement is being submitted to the Board without modifications. My apologies to you for not communicating actions I had taken to consummate this Agreement. If you require additional information please call me at 8814718. Sincer ly, Ulyss Smith Are 5 Executive Director cc: Bobbie Herakovich Karen Marcus Phil Rohr Mel Coleman Linda Hines Paul Houlihan Ellen Gray Bruce Mitchell Randy Yates Vicki Gibson Elizabeth Kennedy Janice Cover CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 16, 1998 Subject/Agenda Item: Consideration of Approval: Resolution 68, 1998 (Highway Alternate A1A Landscape Plan) Recommendation /Motion: Staff recommends approval of Resolution 68, 1998. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney [ j Approved Growth Management Finance N/A $ 0 [ ] Approved w/ conditions ACM Current FY [ ] Denied Human Res. N/A Funding Source: [ ]Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ x j Not Required [ ] Other N/A Resolution 68, 1998 Submitted by: Affected parties Budget Acct. #: Map: Landscape plan Treatments A 1 -3 & Department Director [ I Notified B 1 -3 [ ] None Approved by: City Manager [ x I Not required BACKGROUND: City staff selected the west side of Highway Alternate A1A between RCA Boulevard and the C -17 Canal as an area needing roadway enhancement. Attached for your review and approval is the landscape plan prepared by Urban Resource Group. If approved, staff will submit this plan to Beautiful Palm Beaches, Inc. for the 1998/1999 Palm Beach County Thoroughfare Beautification Grant. This area was selected because little to no vegetation exists today between the roadway and the railroad, and the City is currently approved for ISTEA Funding to enhance the selection of Alt. A1A between RCA Boulevard and Burns Road. Motorist, pedestrians/bicyclists, and residents living across from the railway will benefit from a vegetative buffer created between the curb and tracks. The landscape plan is unique, in that, it will be the first time the City will be working in partnership with the Florida East Coast Railway Company. The project also involves the Florida Department of Transportation. The landscape plan calls for two types of plant Resolution 68, 1998 Page 2 pallet treatments. The first treatment contains Oak, Pine and Sabal palm clusters with Holly understory, and a backdrop of Southern Red Cedar or Wax Myrtle. The second treatment has rows of Saba[ palms with Seagrape and Fakahatchee grass as the shrub mass. Both treatments will contain some flowering trees or shrub at different focal points. The plan is also proposing to request plant material to replace the dead or diseased shrubs in the median in front of the Gardens East Apartments and Promenade Shopping Center. At this time, staff is still evaluating the total cost of the project. It is certain that it will need to be phased over two to three years. Staff is recommending, for the purpose of this year's Grant application a total budget of $100,000.00, which would be in addition to the $44,000.00 previously approved for the ISTEA grant. As in the past, this is a 50/50 matching funds grant, therefore the City's minimum contribution would be $50, 000.00. Irrigation is included is the total cost. Staff recommends that City Council take this into consideration for the 1998 -1999 City budget. Of the three sections, RCA Boulevard to Burns Road, Burns Road to Lighthouse Drive, and Lighthouse Drive to the C -17 Canal, staff believes the first priority should be across from the Gardens East Apartments. This would be staff's recommendation for phase one. The resolution before you would approve the landscaping within the Florida Department of Transportation and the Florida East Coast Railway Company lands, and authorize staff to apply for the grant. 11111111 I J. t !R a CD cr., CD 0 Cn 2 3 CD 0 Cn CD > fv &0 gw � is '� Fr Cluster Cabbage Palms at Nose - (W- K' IIIIIIPW Snowberry Vine/Shrub for color (03• anuo to tr") Cn Slash Pines in Mulch Bed CD (IZ-• hNOW • East Palatka Holly cluster < in Fakahatchee Grass 0 (01, w OV • (D < H f = tied Cedar in Mulch CD (9.3. 7 OCJ it Cluster Cabbage Palms at Nose (W-14' wo rN Live Oaks in Cordgrass T.E.C. R.O.W. (,z-K hmww Spot Locate East Palatka Holly Unclarstory Trees (" I Slash Pines in Mulch Bed — - — - — - tIr-w NOW 3 East Palatka Holly cluster (e-.m --I M in Fakahatchee Grass 5 (st 3w 01c) CD CL � I RO W Double Staggered Pow Wax Myrtle Shnibs in Mulch Ccirclgrass Beds (OA 4r txCJ Lp > • 4 > Florida Game Grass (A Ir O.C) Cf)-< U) ' 'Gold Mound Lantana for color 0 3! (Q, 24 3 W :3 cD 0 CD W 0 riLrt' Alternate A-1-A 'IN Beautification Project CD CD =3 ;•I Palm Beach Gardens, Florida 10111 Proposed Landscape Treatments 11111111 I J. t !R a CD cr., CD 0 Cn 2 3 CD 0 Cn CD > fv &0 gw � is '� Fr FIT < II (D 3 CD (D0 (a a) 3— (D Lp Cf)-< U) ' 0 3! ID CD L 3. (a C) 3 w - cD 0 CD W 0 CD CD =3 > r- CO cs 3 > m25- ' (0 0) 3 — (D > 11111111 I J. t !R a CD cr., CD 0 Cn 2 3 CD 0 Cn CD > fv &0 gw � is '� Fr TTE( E 3 M I0 Double Stagpired Raw Cocopkn Nub (.3.39• OV II Fakahatchee Grass Beds at 37 oc) Royal focal tilitias do no conflict) (lz.e) Silver Buttonwood Trees M61 is Seae) grape Trees (wx Double Stegpered Row S-grM. (03,41r acs Fakahatchee Grass Beds 3W aCJ All -n I,n Silver Butlawsood Treats --400 (rxe) BougairwMea - for accent/color (0. ftbmw " U to bus) Cabbage Paints Double Staggered Row (t0' -M' ttetywd Florida Game Grass U1 re' ors Dwarf irmilea (#3.2'r act IM; 11 1 1 1 1111 IM; 'Alternate A-1-A girt ; Beautification Project Palm Beach Gardens, Florida tl�d III Proposed Landscape Treatments czt, Oleo, 4a I auk ;Sly All < lu --i ID w CD) C T (D 0 q5 co 3 co I a . S 1181 SL C=), w CD 0 CD M a 0, CD = C:) CnM M 0 CD CD M I ip t Iri > W (0 —r4 CD a CD 0 (00) C5 3— CD it p II II II (N) CD CD C) uw 2 9 = ug CD 0 CO :, CD < Er, 000 rn* w Q czt, Oleo, 4a RESOLUTION 68, 1998 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE LANDSCAPING OF ALTERNATE A 1 A AND LANDS WEST OF ALTERNATE AIA ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the highway right -of -way of Alternate A 1 A by landscaping; WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the railroad right -of -way to the west of Alternate A I A by landscaping; and WHEREAS, funding to accomplish this project may be available through the Board of County Commissioners and the Metropolitan Planning Organization of Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens supports the landscaping of Alternate A 1 A and lands west of Alternate A 1 A. Section 2. The City Council authorizes City staff to apply for Palm Beach County Thoroughfare Beautification Grant program through the Board of County Commissioners and the Metropolitan Planning Organization of Palm Beach County. Section 3, This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE DAY OF JULY, 1998. JOSEPH R. RUSSO, MAYOR Resolution 68, 1998 Page 2 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 16, 1998 Subject/Agenda Item Public Hearing for petition SP- 97 -20, a request by George T. Kelly, owner, for site plan approval of a mini - storage facility consisting of four (4) buildings totaling 80,600 square feet. The 3 -acre site is located on lot 13 of the South Park Center within Northcorp Planned Community District (PCD). (7- 42S -43E) Recommendation /Motion: Staff recommends that Resolution 50, 1998 be approved with conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management j ] Finance NA $ [ ) Approved wl condaions ACM Current FY [ ]Denied Human Res. NA Funding Source: [ ] Continued to: Advertised: Other NA Attachments: Date: [ ] Operating Paper: [ x ] Not Required [ ] Other Resolution 50, 1998 I Submitted by: Growth Management Director Affected parties j ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Lot 13, South Park Center is located within Northcorp Planned Community District. The Northcorp PCD is bounded to the north by RCA Boulevard, to the south by Burns Road to the east by FEC Railway and to the west by Interstate 95. On September 21, 1989, City Council approved the plats for "The Northcorp Center" and "The RCA Boulevard Center" by Resolution 82, 1989 and Resolution 83, 1989, respectively. On January 18, 1990, City Council approved the plat known as "West Park Center" by Resolution 1, 1990 and the plat known as "South Park Center" by Resolution 2, 1990. Also on January 18, 1990, Ordinance 1, 1990 was adopted by the City Council approving the Northcorp Planned Community District (see attached). PROPOSED BUILDING: The petitioner is proposing a self storage facility consisting of four buildings totaling 80,600 square feet on lot 13, within the South Park Center of Northcorp Planned Community District. It should be noted that originally the plan proposed a total of 81,852 square feet. Due to the discovery of a 50- foot drainage easement that was not shown on the survey, the petitioner had to reduce the size of the buildings to resolve the conflict between the buildings and the drainage easement. The site plan proposes a 66,300- square foot, three -story building with a maximum height of 45 -feet; a 3,600 square foot, one story building with a maximum height of 15 -feet, a 3,000 square foot one story building with a maximum height of 15 -feet and an 7,700- square foot, one story building with a maximum height of 12 feet. The building materials are stucco with a cast stone base and the proposed colors will be presented to the committee at the meeting. ACCESS and SIGNAGE: Access to the site will be from East Park Drive. A project identification sign has been proposed at the entrance to the site. Building Official Jack Hanson has reviewed the plans and has indicated that the sign must be brought further to the south in order to comply with the 50' side yard setback. The petitioner has requested a waiver of the sign side setback requirement. Building Official Jack Hanson has no objections to the request for a waiver of setback requirement for ground signs. At its April 28, 1998 meeting, the Site Plan and Appearance Review Committee reviewed this petition and expressed concerns regarding the architectural elevations along Burns Road. The Committee recommended additional conditions of approval to enhance the landscaping along Burns Road. The Site Plan and Appearance Review Committee voted 5 -2 to recommend approval of petition SP -97 -20 with the following conditions: Prior to the issuance of a Certificate of Occupancy for any buildings on lots 4, 5, 8, 9, 10, 11, 12, or 13, the contract shall be let for construction of East Park Drive in a two lane section from Burns Road north to RCA Boulevard, and within one year, the construction of the road shall be completed. 2. Outdoor storage or outside work shall not be allowed on site 3. Buildings and the site shall be used for interior storage only and the developer shall not sell, rent or allow the outside storage of vehicles, including watercraft. 4. The approval of this petition is contingent upon the approval of a waiver of the sign side setback requirement of Section 110 -36 (c). 5. Prior to the scheduling for a City Council meeting, the following data of the Traffic Impact Report needs to be revised: a. RCA -1 is vacant and should not be in the analysis. b. SPC -1 with 121,229 square feet should be WPC -1. c. The church is no longer part of the development. FA 6. Prior to the issuance of the first Building Permit, a site lighting plan showing the photometric levels satisfying the requirements of LDR Section 118 -474 shall be submitted. 7. Prior to the issuance of any Certificates of Occupancy for any land uses in undeveloped lots of the PLAT OF SOUTH PARK CENTER, the traffic signal at the intersection of Bums Road and Riverside Drive/West Park Drive shall be fully operational, if warranted. 8. Prior to the issuance of the first Building Permit, the applicant will need to enter into an agreement with the City whereby: a) The applicant agrees to maintain the landscaping within the 50 -foot drainage easement in perpetuity. b) The applicant agrees to replace and /or relocate landscaping, at the applicant's expense, if the City ever requires a storm drain system within the 50 -foot drainage easement in the future. Landscaping plans will need to be submitted to the City for review and approval prior to replacing and /or relocating landscaping. 9. The City Forester and Landscape Architect of Record shall be involved in all aspects of the Oak tree relocation process, including but not limited to the root and canopy pruning, placement, and irrigation of said trees. 10. The following mitigation plan shall apply if any protected (existing or relocated) tree dies due to construction practices or relocation work : a) If one or two protected trees die, the tree replacement of three caliper inches for every one lost shall apply. The petitioner shall replace the dead tree with a minimum 20' tall Live Oak tree in the same location. The remaining trees shall be located on site to the satisfaction of the Landscape Architect of Record and the City Forester. If the site can not support a portion of the mitigation, the petitioner shall donate (delivered and planted) the remaining trees to the City. b) If more than two protected trees die, the petitioner shall return to City Council for further review of the landscape plan, and for any further need for mitigation. 11. The decorative light fixtures shall be provided on the stucco joints at the towers facing the public right -of -way, of the same color and size to be approved by staff. 12. The 48" and the 24" Wax Myrtles located within the 50' drainage easement shall be relocated about 30' to the south and be doubled in quantity and size. 13. The Coco Plum hedge be moved up the base of the building where it runs along building D. 14. Concrete filled steel bollards be provided east of building A at each air conditioner unit 3. It should be noted that the petitioner has addressed conditions 5, 11, 12, and 13. At its June 4, 1998 meeting the City Council reviewed the project and recommended the petitioner to enhance the architectural elevations of the building. The petitioner has revised the elevations and added windows and awnings to the elevations. RESOLUTION 50, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF A MINI - STORAGE FACILITY ON 3 ACRES ON LOT 13 OF SOUTH PARK CENTER WITHIN NORTHCORP PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has received an application from George T. Kelly, owner, to approve a site plan for the construction of an 80,600 square -foot storage facility on 3 +/- acres on lot 13 of South Park Center within the Northcorp Planned Community District; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves a site plan for the construction of an 80,600 square -foot storage facility on 3 +/- acres on lot 13 of South Park Center, within the Northcorp Planned Community District, Section 2. Construction of said development shall be in accordance with following plans on file with the City's Growth Management Department: 1. March 11, 1998, Site Plan, Jeff H. Iravani, INC., 1 Sheet. 2. May 6, 1998, Landscape Plan, David W. Lockmiller, 1 Sheet. 3. June 10, 1998, Building Elevations, The Sun Group,INC., Sheet A -1. 4. April 22, 1998, Sections and Details, The Sun Group INC., Sheet A -2. 5. April 22, 1998, Roof Plan, The Sun Group INC., Sheet A -3. 6. May 14, 1998, Exterior Colors by The Sun Group Architects and Contractors. Section 3, The following waiver is hereby granted with this approval: Minimum side setback requirement for Ground Signs - Section 110- 36(c), to allow a 45 foot side setback for the Ground Sign. Section 4, Said site plan approval shall comply with the applicable conditions of Ordinance 1, 1990 and the following conditions: 1. Prior to the issuance of the first Certificate of Occupancy, the contract shall be let for the further construction of East Park Drive as a two -lane road from RCA Boulevard south to the common boundary between NorthCorp Center and SouthPark Center, meeting the alignment of the presently paved portion of East Park Drive which extends from the aforesaid common boundary south to Burns Road, such contract to provide (a) that such further construction of East Palm Drive shall be completed and the road shall be submitted to the City within one year from the date that such contract is let, and (b) that any amendment of such contract concerning the date of completion requires the approval of the City, through resolution adopted by the City Council, in order to become effective. 2. Outdoor storage, and outdoor manufacture, assembly, repair, or other work, shall not be allowed on site. 3. Buildings and the site shall be used for interior storage only and the developer shall not sell, rent or allow the outside storage of vehicles, including watercraft. 4. Prior to the issuance of the first Building Permit, a site lighting plan showing the photometric levels satisfying the requirements of Code Section 118 -474 shall be submitted. Resolution 50, 1998 Page 2 5. Prior to the issuance of the first Certificate of Occupancy, the traffic signal at the intersection of Burns Road and Riverside Drive/West Park Drive shall be fully operational, if warranted. 6. Prior to the issuance of the first Building Permit, the applicant will need to enter into an written agreement with the City whereby: a) The applicant agrees to maintain the landscaping within the 50 -foot drainage easement in perpetuity. b) The applicant agrees to replace and/or relocate landscaping, at the applicant's expense, if the City ever requires a storm drain system within the 50 -foot drainage easement in the future. Landscaping plans will need to be submitted to the City for review and approval prior to replacing and /or relocating landscaping. 7. The City Forester and Landscape Architect of Record shall be involved in all aspects of the Oak tree relocation process, including but not limited to the root and canopy pruning, placement, and irrigation of said trees. 8. The following mitigation plan shall apply if any protected (existing or relocated) tree dies due to construction practices or relocation work : a) If one or two protected trees die, the tree replacement of three caliper inches for every one lost shall apply. The petitioner shall replace the dead tree with a minimum 20' tall Live Oak tree in the same location. The remaining trees shall be located on site to the satisfaction of the Landscape Architect of Record and the City Forester. If the site can not support a portion of the mitigation, the petitioner shall donate (delivered and planted) Resolution 50, 1998 Page 3 the remaining trees to the City. b) If more than two protected trees die, the petitioner shall return to City Council for further review and approval of the landscape plan, and for any further need for mitigation. 9. Prior to the issuance of the first Certificate of Occupancy, concrete filled steel bollards shall be provided east of building A at each air conditioner unit. $fiction 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF, 1998. ATTEST: LINDA V. KOSIER offi VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK \bk planning: \shortr— 1 \sp9720.re Resolution 50, 1998 Page 4 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT .7<- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 16, 1998 Subject/Agenda Item: Consideration of Approval: Petition MISC- 98 -04, Dennis Perry, agent for the Woodberry Lakes Homeowners Association, Inc., is requesting approval to create a PGA Boulevard buffer. (2- 42S -42E) Recommendation /Motion: Staff recommends aDDroval of Ordinance 14 1998 Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney [ ] Approved Growth Management Finance N/A $ Q ( ] Approved w/ conddions ACM Current FY [ ] Denied Human Res. N/A Funding ource: g [ ] Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: [ ] Other N/A Ordinance 1, 1988 [ x ] Not Required Resolution 22, 1988 Ordinance 14, 1998 Submitted by: Affected parties Budget Acct #: Map: Site Area Landscape plan Department Director City Engineer's - 6/10/98 [ ] Notified comments [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location, Zoning and Land Use Dennis Perry, agent for the Woodberry Lakes Homeowners Association (HOA), is proposing to create a PGA Boulevard buffer along their development by installing new walls and landscaping in anew 10 -foot wide landscape easement. The Woodberry Lakes community (a.k.a. Cinnamon Plat No. 1 & 2 or Gardens of Woodberry) was annexed into the City by Ordinance 1, 1988. The Palm Beach Gardens zoning for the Gardens of Woodberry is Residential Medium. Other than building permits, no other City approvals have taken place since its annexation. Mayor and City Council MISC -98 -04 Page 2 The PGA Boulevard buffer would extend from the western end of the Gardens of Woodberry Community to the eastern end at Shady Lakes Drive. This buffer is only interrupted once by the main entrance at Spice Drive. Other than the common open space at the community's main entrance and eastern and western ends, there are 24 residential lots (townhomes) backing up to PGA Boulevard. In order to install and maintain the proposed buffer, the HOA obtained a 10 -foot wide landscape easement from all the property owners that border PGA Boulevard. The proposal eliminates the small concrete block planters and all the old landscape material. The new wall is a six -foot tall prefabricated concrete wall, which will tie into the existing metal fencing at the project's entrance and ends. The wall will be a buff color, which is same a Ballenlsles PCD buffer wall on Military Trail. The proposed buffer will consist of new trees like Crape Myrtle, Silver Buttonwood, Simpson's Stopper, Ligustrum and Oaks, and a multitude of shrubs and groundcover plants that will not conflict with the existing utilities. This proposal will improve the aesthetics of the PGA Boulevard, as well as give Gardens of Woodberry a unified appealing buffer, which will also serve to buffer noise, screen traffic visibility, and protect the homes. Building Official Jack Hanson has no concerns. Seacoast Utility Authority (SUA) needs clarification on the location of a force main to avoid any conflicts. City Forester Mark Hendrickson has no concerns, but points out, as SUA did, that some of the landscape improvements on the eastern end are outside the property line. The existing and proposed landscaping on the west side of Shady Lakes Drive is on FP &L's property. The HOA will need FP &L's approval to continue with the encroachments and to increase any landscaping. If FP &L does not agree, the landscaping could be located on common HOA property. City Engineer Tammy Jacobs has conditions of the construction plan approval. Her comments are attached. The HOA has agreed to meet these requests. City Council gave a letter of support to the Garden of Woodberry's 1997 -98 Beautiful Palm Beaches Grant application, which included this landscape plan. Staff recommends approval with the following conditions: The Woodberry Lakes Homeowners Association (HOA) shall work with SUA to resolve any conflicts during the construction of the wall. 2. The HOA shall receive permission from FP &L for the landscape improvements near Shady Lakes Drive, and /or work with City staff to modify the landscape plan so that the southeastern corner of Gardens of Woodberry is improved on site. 3. All landscaping shall be completed within six months of the commencement of this project. f 400 (. January 4, 1988 February 1, 1988 ORDINANCE 1, 1988 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING INTO THE CITY CERTAIN AREAS OF LAND; AND, PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; AND, RE- DEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID REAL PROPERTY; AND, PROVIDING FOR A REFER - ENDUM ELECTION IN THE CITY AND WITHIN THE AREAS PROPOSED TO BE ANNEXED; AND, DIRECTING THE CITY CLERK OF THE CITY OF PALM BEACH GARDENS TO PUBLISH THE NOTICE OF TILE REFERENDUM; ATID, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens, Florida, hereby annexes to the City a compact, contiguous parcel of land as herein- after described: All of CINNAMON PLAT NO. 1, as recorded in Plat Book 36, pages 56 through 59, both inclusive, Public Records of Palm Beach County, Florida; and ALL of CIN14AMON PLAT NO. 2, as recorded in Plat Book 40, pages 66 and 70, both inclusive, Public Records of Palm Beach County, Florida. Section 2. The boundaries of the City of Palm Beaca Gardens, Florida, are hereby redefined and shall include the above - described real property, and said property is hereby declared to be within the corporate limits of the City of Palm Beach Gardens, Florida. Section 3. A Referendum Election shall be held on the 8th day of March, 1988, within the Citv of Palm Beach Gardens, Florida, and within the lands described above, which are proposed to be an•zexed hereby for approval of the proposed annexation. The Referendum shall be worded on the ballot as follows: (WOODBERRY LAKES) "For annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida." "Against annexation of the property described • in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida." Section 4. The City Clerk is hereby authorized and directed to publish the Notice of Referendum Election at least once a week for for four (4) consecutive weeks immediately preceding the date of the Referendum in a newspaper of general circulation within the City and within the lands to be annexed, and to otherwise comply with the requirements of Florida Statute 171.0413, and all other Florida Statutes pertaining to the conduct of elections and annexations. Section 5. All Ordinances or parts of Ordinances in con- flict herewith are hereby repealed. Section 6. This Ordinances shall be effective upon date of passage; and the annexation of the aforesaid- described lands shall be effective only upon approval in the Referendum Election by a separate majority vote of electors voting within the City and electors voting within the lands proposed to be annexed. PLACED ON FIRST READING THIS 7th DAY OF JANUARY, 1988. PLACED ON SECOND READING THIS 4th DAY OF February PASSED AND AD D THIS 9th Etc MAYOR VICE -MAYOR ATTEST:,. / It 0, 41Y 7CLERK, CMC DAY OF February COUNCILWOMAN C"CILMAN cdUNCILMAN '_'. "7'� 1988. 1988. March 8, 1988 rev. 3/10/88 RESOLUTION 22, 1988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CERTIFYING THE RESULT OF THE TWO (2) REFERENDUM ELECTIONS CONDUCTED ON MARCH 8, 1988, WITHIN THE CITY AND IN THE AREAS PROPOSED FOR ANNEXATION PURSUANT TO ORDINANCE 1, 1988, AND ORDINANCE 2, 1988; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALi1 BEACH GARDENS, FLORIDA: Section 1. The City Council of Palm Beach Gardens hereby certifies that the following are the results of the Referendum Election held pursuant to Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida: (WOODBERRY LAKES) Electors of Palm Beach Gardens For annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida. 3758 Votes Against annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida. 1400 Votes Electors of proposed annexation area For annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida. 131 Votes Against annexation of the property described in Ordinance 1, 1988, of the City of Palm Beach Gardens, Florida. 15 Votes The City Council hereby certifies that the Referendum for the annexation pursuant to Ordinance 1, 1988, has been - duly approved by the electors of the City of Palm Beach Gardens and the area of proposed annexation. Section 2. The City Council of Palm Beach Gardens hereby certifies that the following are the results of the Referendum Election held pursuant to Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida: _ (SOUTH ANNEXATION - INCLUDING STEEPLECHASE) Electors of Palm Beach Gardens For annexation of the property described in Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida. 3350 Votes f Against annexation of the property described in Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida. 1802 Votes Electors of proposed annexation area For annexation of the property described in Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida. 106 Votes Against annexation of the property described in Ordinance 2, 1988, of the City of Palm Beach Gardens, Florida. 7 Votes The City Council hereby certifies that the Referendum for the annexation pursuant to Ordinance 2, 1988, has been duly approved by the electors of the City of Palm Beach Gardens and the area of proposed annexation. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE 10thDAY OF MARCH, 1988. VICE- 11AYOR ATTEST: Lt1tT9A "K0SIER, DEPUTY CITY CLERK i.�:> C:: rh. u W1. ��Ic APPROVEED 'TO FORM AND LEGAL S ICIENCY C7''tlr /ATTORNEY ORDINANCE 14, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF THE SITE PLAN KNOWN AS WOODBERRY LAKES; PROVIDING FOR THE CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the site plan for the development known as "Woodberry Lakes" was initially approved by Palm Beach County in the course of its approval of Cinnamon Plat No. 1 on December 12, 1978 and Cinnamon Plat No. 2 on August 5, 1980; WHEREAS, Woodberry Lakes was annexed by the City by adoption of Ordinance 1, 1988, and referendum conducted on March 8, 1988, pursuant to §171.0413, Florida Statutes; WHEREAS, the City received a petition of Mr. Woodie Van Voorhees, President of "Woodberry Lakes Homeowners Association, Inc." to rezone from its former County zoning classification to the City zoning classification as RM- Medium Density Residential District by adoption of Ordinance 1, 1988, subsequent Zoning Map change by Resolution 22, 1988, and reconfirmation of the zoning by Ordinance 13, 1994; WHEREAS, an application has been submitted by the Woodberry Lakes Homeowners Association to amend the site plan and plat by creating a 10 -foot wide easement along properties adjacent to PGA Boulevard to establish a "Gardens of Woodberry" buffer, including a wall and landscaping; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the amendment is consistent with the City's Land Development Regulations, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The site plan for Woodberry Lakes, a.k.a. Gardens of Woodberry, is hereby amended by allowing a six -foot wall and associated landscaping to be constructed and planted with the 10 -foot wide buffer along PGA Boulevard consistent with the following plans on file with the City Growth Management Department: A. May 3, 1998 Wall Layout Plans by Urban Design Studio. Sheets L -1 to L- 7. Pagel of 3 B. February 9, 1998 Specific Purpose Survey For Woodberry Lakes Homeowners Association, Inc. by K &N Surveyors, Inc. 2 Sheets. C. June 10, 1998 Gardens of Woodberry Memorandum prepared by Tammy Jacobs of Lindahl, Browning, Ferrari & Hellstom, Inc. 1 Sheet. Section 2. Approval of the site plan amendments set forth in section 1 of this ordinance is based upon compliance with the following conditions: A. The Woodberry Lakes Homeowners Association (HOA) shall work with Seacoast Utility Authority to resolve any conflicts with the 8" force main during the construction of the wall. B. The HOA shall receive permission from FP &L for the landscape improvements near Shady Lakes Drive, and /or work with City staff to modify the landscape plan so that the southeastern corner of Gardens of Woodberry is improved on site. C. All landscaping shall be completed within six months of the commencement of this project. Section 3. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THISoWDAY OF JULY, 1998. PLACED ON SECOND READING THIS DAY OF JULY, 1998. PASSED AND ADOPTED THIS DAY OF JULY, 1998. MAYOR JOSEPH R. RUSSO COUNCILMAN ERIC JABLIN VICE MAYOR LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO Page 2 of 3 ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER AND SUFFICIENCY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO PAGE 3 of 3 r v rr vf-f,04- I Location Map a. 7 - ;Z,s SiADY LAKES t.AT iCCX 43. 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SURvEYORS & MAPPERS NVN-\ MEMORANDUM TO: Marty Minor FROM: Tammy Jacobs DATE: June 10, 1998 ` SUBJECT: Gardens of Woodberry (LBFH Fide No. 98-0241) We have reviewed the "Specific Purpose Survey" prepared by K & N Surveyors, Inc. and *c Wall Layout Plans prepared by Urban Design Studio received June 9, 1998. We offer the following comments: 1) As a condition of construction plan approval, the prefabricated concrete wall shall t e certified by a structural engineer. 2) As a condition of construction plan approval, the Typical Wall and Planting Section det: it shall be revised from the S' dimension to "varies" to accurately reflect the proposed plan. 3) As a condition of construction plan approval, the applicant shall provide a letter )f authorization from Seacoast Utility Authority allowing the applicant to construct.the w ill and landscaping within the existing SUA easement, 4) As a condition of construction plan approval, the applicant shall provide a letter of authorization from the appropriate entity allowing the applicant to construct the wall aid landscaping within the existing S' limited access easement. S) As a condition of construction plan approval, the applicant shall provide a letter from the City Attorney approving the proposed 10' easement. 6) As a condition of construction plan approval, the applicant shall provide a drainage pan showing how the storm water runoff will be directed to the existing storm sewer cyst, -in with the addition of the proposed concrete wall. We have no further engineering concerns with the exception of the conditions of construction p an approval and are therefore able to recommend site plan approval. TJ c: Greg Dunham Roxanne Manning ,d d� POST OFFICE BOX 727, JUPITER, FLORIDA 33468.0727 ��a' - 7i�2J 17ER LAKES BOULEVARD, BUILDING 5000. SUITE 104 • (561) 746 -9248 • FAX (561) 746 -0272 http: ;Avww.lbfh.com • a -mail: WOCItrfh.cOm `NEST PALM BEACH JUPITER STUART FORT PIERCE OKEEC405tF CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 16, 1998 Date Prepared: July 8, 1998 Subject/Agenda Item Consideration of approval for petition SP- 98 -01, a request by Jay Grossman, agent for Seavest, Inc., for site plan approval of two four -story office buildings totaling 176,600 square -feet. The 12- acre site is located within the PGA National Planned Community District (PCD), at the southeast corner of PGA Boulevard and Avenue of Champions. (10- 42S -42E) Recommendation /Motion: Staff recommends that Resolution 55, 1998 be approved with two conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved W/.. dti.n. ACM Current FY [ ] Denied Human Res. NA Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution 55, 1998 Zoning and land use &Site [ x ] Not Required Analysis I Submitted by:- Growth 1VI em Affected parties Budget Acct. #:. Director [ ] Notified ( ] None Approved by: City Manager [ x ] Not required BACKGROUND: The subject property is located within PGA National Development of Regional Impact (DRI) and is bound on the north by PGA Boulevard, to the south by Fairway Drive, to the east by the Bascom Palmer Site, and to the west by Avenue of the Champions. The PGA National DRI was approved on August 31, 1978 by Resolution 43, 1978. On February 1, 1979, City Council approved the PGA National Planned Community District by Ordinance 34, 1978. The PGA National PCD is expected to be entirely built out within 2 years. On August 18, 1994 by Resolution 106, 1994, the build -out date of the PCD was extended from August 29, 1998 to August 29, 2003. PROPOSED BUILDING: The petitioner is proposing 176,600 square feet of office consisting of two 88,300 square -foot buildings, within the PGA National Planned Community District. The proposed building materials are precast concrete and the proposed colors will be presented to the council at the meeting. The site plan proposes two four -story buildings with a maximum height of 62 feet. This is a reduction from the previously - proposed two six -story buildings with a maximum height of 86 feet. The maximum height allowed within a commercial district is 36 -feet. However, the petitioner is requesting for a waiver of the building height limit requirement of the zoning code. The proposed buildings are 62 feet high. For comparison, the approved height for the Bascom Palmer is 51'4" and Fairway Office Plaza, located immediately south of the proposed project is 56' high. The project is proposed to be completed in two phases with one building in each phase. ACCESS & SIGNAGE: Access to the site will be from Fairway Drive with an exit to Avenue of the Champions. Three project identification sign have been proposed, two at the entrance to the site and one at the entrance to the building. Building Official Jack Hanson has reviewed the plans and has no major comments with regards to the proposed signage for this project. Waivers: A waiver of the height requirement has been requested. It should be noted that per Site Plan and Appearance Review Committee's recommendation, the height of the building has been reduced twice from the original proposal (from 6 to 4 stories). The proposed height currently is 62 feet to the top of the penthouse, the maximum height allowed by the code is 36 feet. Staff is recommending approval of the waiver request because the proposed buildings are located along a major arterial road in the City (PGA Boulevard) and the site is surrounded by non - residential uses. At its May 12, 1998, the Site Plan and Appearance Review Committee reviewed this petition and recommended approval of this petition based on the following conditions: The approval of this petition is contingent upon the approval of the following waivers: a. Waiver of Section 118 -569. Number of Loading Spaces. b. Waiver of Section 118- 204(f) Building Height Limit. 2. Prior to scheduling this petition for a City Council Meeting, the applicant shall obtain letters of authorizations from the appropriate entities allowing the applicant to landscape and pave within the existing 15' and 10' FPL easement and 12' utility easement. 2 3. Prior to the issuance of the Building Permit, the applicant shall provide handicap access ramps wherever an accessible route crosses a curb or raised sidewalk. 4. Delete signage and continue the facade and come back with a full signage package. 5. The petitioner shall provide a plan for the landscaping and traffic circulation east of the phase II building if the optional parking lot is not being built. The petitioner has addressed condition # 2 and Assistant City Engineer Tammy Jacobs has reviewed the revised plans and has revised the condition pertaining to Handicap access ramp. Ms. Jacobs has recommended that as a condition of construction plan approval, the applicant will need to provide a handicap access ramp at the 7 -foot sidewalk just east of the loading spaces to provide access for the two relocated handicap spaces. With regards to condition # 4, the petitioner has proposed the full signage package for the building. It should be also noted that due to the proximity of the sidewalk to the top of the bank of the water management tract along the north property line, Assistant City Engineer Jacobs had originally recommended a fence or other pedestrian barrier where the sidewalk was proposed . The petitioner has indicated that a fence is not aesthetically desirable, therefore the sidewalk was eliminated. Staff is recommending the following condition of approval: Prior to the issuance of the first Certificate of Occupancy, the petitioner shall obtain permission from FDOT for the placement of a concrete sidewalk in the PGA Boulevard right of way. The concrete sidewalk shall be completed from the eastern portion of the subject site to the southeast corner of Ryder Cup Boulevard and PGA Boulevard. At its June 18, 1998 meeting, the City Council reviewed this petition and recommended the following conditions be added to Resolution 55, 1998. At the commencement (issuance of building permit) of construction of the parking area located east of the phase 2 office building, a wood chip walkway shall be constructed along the south side of the office building from the front entry sidewalk to the parking area, in a form and location satisfactory to the City. 2. In the event that the Florida Department of Transportation does not allow placement of the concrete sidewalk in the PGA Boulevard right -of -way in the area north of the lake, by the time required to construct the sidewalk, the petitioner shall instead construct a 5 foot wide concrete sidewalk along the south and west side of the lake instead of the wood chip walkway currently reflected on the plans so as to connect the sidewalk along PGA Boulevard with the sidewalk along Avenue of the Champions. The sidewalk along the Avenue of Champions shall extend along the west side of the property north to the right -of- way line of PGA Boulevard, in a form and location satisfactory to the City. Council has also requested that a written approval from PGA National P.O.A be provided. Staff has received comments from PGA National P.O.A (see attached). The Council also requested a rendering, which the petitioner has indicated that he will bring to the Council meeting. In addition, in response to Council's request, the petitioner has eliminated the covered parking from the proposed site plan. With the latest revisions the petitioner has also provided the sidewalk connecting the front entry sidewalk to the western future parking area, therefore, the condition pertaining to the provision of the sidewalk will be eliminated. 0 EXISTING ZONING AND LAND USE DESIGNATIONS 8, SITE ANAI vSi-44 EXISTING USE ZONING LAND USE Subject Property Vacant Planned Community District (PCD) Commercial North Vacant Planned Development Area (PDA) Commercial South Fairway Office Plaza Planned Community District (PCD) Commercial East Bascom Palmer Site Planned Community District (PCD) Commercial West PGA Headquarters Planned Community District (PCD) Professional Office (PO) CONSISTENCY WITH THE CODE & DEVELOPMENT ORDER Consistent Code Requirement Proposed Plan Yes PCD - Planned Community District, Commercial Office Yes Lot Coverage (35 %) 8% Yes Parking 589 spaces 665 spaces No Loading: 4 spaces 3 spaces Yes Front Setback: 50' 410'9" Yes Side Setback: 15'- 40' 122' Yes Rear Setback (PGA): 55' 82'8" No Building Height 36' 62' Yes Open Space (15 %) 38.5% RESOLUTION 55,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF SITE PLAN FOR TWO OFFICE BUILDINGS TO BE KNOWN AS THE FAIRWAY OFFICE CENTER LOCATED WITHIN THE PGA NATIONAL PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Growth Management Department has received and reviewed an application from Seavest, Inc. for the Fairway Office Center, totaling 176,600 square feet, to be located with the PGA National Planned Community; WHEREAS, the City's Growth Management Department is recommending approval of the Fairway Office Center petition; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for the construction of 176,600 square feet of office space in two buildings located on 12 acres within the PGA National Planned Community. Section Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. June 23, 1998 Site Plan by M.J. Anderson Architectural Services INC., Sheet A- 1.1 2. July 2, 1998 Landscape Development Plan by George G. Gentile & Associates, INC., Sheet L -1. 3. May 28, 1998 Elevations by M.J. Anderson Architectural Services INC., Sheet A- 3.1. Section 3. Said site plan approval shall comply with the following conditions: 1. Prior to the issuance of the first Building Permit, the applicant shall provide a handicap access ramp at the 7 -foot sidewalk just east of the loading spaces to provide access for the two relocated handicap spaces. 2. Prior to the issuance of the first Certificate of Occupancy, the petitioner shall obtain permission from FDOT, if possible, for the placement of a concrete sidewalk in the PGA Boulevard right of way. The concrete sidewalk shall be completed from the eastern portion of the subject site to the southeast corner of Ryder Cup Boulevard and PGA Boulevard. In the event that the Florida Department of Transportation does not allow placement of the concrete sidewalk in the PGA Boulevard right -of -way in the area north of the lake, by the time required to construct the sidewalk, the petitioner shall instead construct a 5 foot wide concrete sidewalk along the south and west side of the lake instead of the wood chip walkway currently reflected on the plans so as to connect the sidewalk along PGA Boulevard with the sidewalk along Avenue of the Champions. The sidewalk along the Avenue of Champions shall extend along the west side of the property north to the right -of -way line of PGA Boulevard, in a form and location satisfactory to the City. waiver: Section 4. The approval of this petition is contingent upon the approval of the following a. Waiver of Section 118- 204(f) Building Height Limit, from 36 feet to 62 feet in height. Section 5. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF ATTEST: LINDA V. KOSIER M. VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 55, 1998 Page 2 JOSEPH RUSSO, MAYOR 1998. APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT i PGA PROPERTY owNERS ASSOCIATION, INC. 51:oppes On Che Gtcen 7100 Fairway Drive, Since 29 r'.,lrn Beacl•. tiarJcus, Florida 3)318 TELEPHONE (561) 627-2800 Ms. Bahareh Keshavarz Planning & Zoning Division City of Palm Reach Gardens 10500 N. Military Trail Palm Beach Gardens, Fl.. 3341.0 11mv .�;, j998 Post -it' Fax No;t: 7571 Date CO)DoPI Co. /9 Phase it (� Phone N Fax # 775- l o ,, y F(Ix Re: FAIRWAYS CENTER - ARCHITECTURAL REVIEW near Ms. Keshavarz. FA('SIL /n.t 1'OI)O!1 J);1 As requested, this will serve as the response of the PGA Property Owners Association regarding our positI01- on the referenced, project. The following comrnews were forwarded to the petitioner on April 15, 1998. The PGA Architec iural R( view r Cowing , it ,I),, lal 1114A, 111111 knt Al ml 13. 1996. i t-vic%ved the ,:I.mc,: j)U1.al plans for five, four and thicc story Ilutl(lirlgs. It was 1he decison of the Committee to approve Lh.- coaccptual four-story plan of the Fairways (`( -nter pruiect it princihlc, however. for further consldcrawm tlic following needs to be cotnpieted: t. Submit the required number of complete site plans, landscape plans and building elevations for review. 2. Slightly rotate the east side of the phase two building away tram PGA .Boulevardl, and move building forward to achieve desired iooks similar to the five story conceptual plans. 3. Landscaping during phase one should include landscaping required for phase two along PGA Boulevard. Emphasis should be placed tm providing heavy landscaping along PGA Boulevard to break up both building elevations vlsuail'y. 4. Supply samples along with spec:ificatiow; of fire -casi \-.,;W panels and building glass. 3. Rwilding tnvunted signs arc approved only u(i t.ltc. lung building c!evattons facing PGA BoL1l':V1;1d (Rear elevat'1011) u. Clarify palm heights throughout the p-oject as shown bn marked -up landscape d ..a\k ings returned u) you, and show, palm clusters at the corners of the tulildine-% Please ff-el tree to call if turthel Inti;rinati01I would 1)� hcll)tul. Siorerely Siro DeGasneris -_. - -- Architectural Review Committee, Pr(;sidenr ,:P: Neal Merin, I v1ERIN- 141.3N'rc- R- C "()L)i%IAN CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 16, 1998 Subject/Agenda Item Consideration of approval for petition SP- 98 -06, a request by Henry Skokowski, agent for Ballenlsles Development Company, for site plan approval for 70 zero lot line single family home lots on Parcels 20A and 20B within Ballenlsles Planned Community District (PCD). The total land area is 31.17 acres and is located on the south side of East Island Avenue approximately Y2 mile from Ballenlsles Drive. (13/14- 42S -42E) Recommendation /Motion: Staff recommends that Resolution , 1998 be approved. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved W/ coed @ions ACM Current FY ( ] Denied Human Res. NA Other NA Funding Source: 9 [ ]Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution , 1998 [ ] Not Required Site Plan Submitted by: G�ovJtr� Ma ire Affected parties Budget Acct. #:: Approved by: [ ] Notified [ ] None City Manager [ ] Not required BACKGROUND: The Ballenlsles Planned Community District was originally approved by Ordinance 8, 1989. The subject parcel is designated as low density and the proposed plan for 70 zero lot line single family homes is within the allowable density indicated on the Master Plan. The parcels, with 2.24 dwelling units per acre, are zoned Residential Medium (RM) and Residential High (RH). The master plan allows 9 dwelling units per acre under RM and 12 dwelling units per acre under RH. The subject property is 31.17 acres and is located within Ballenlsles Planned Community District on the south side of East Island Avenue approximately'/ mile from Ballenlsles Drive. The site is surrounded by the PCD buffer, with Ballenlsles Parcels 19, 21, and 22 to the north; the FPL substation, Green Meadows, and Pine Cone Estates to the south; King Arthur Estates to the east; and Gardens Hunt Club to the west. The project will be developed in a single phase. The applicant has indicated that details for the project entrance signs as well as the entry features will be submitted at a later date for the City Council's review and approval. Procedure: This is a request for site plan approval within a PCD. Because the proposed site is 31.17 acres, the request is considered a major site plan. The site plan request is reviewed by the Development Review Committee, who forwards comments and recommendations to the Site Plan and Appearance Review Committee. Acting in an advisory role, the Committee makes a recommendation on the proposed request to the City Council. The City Council reviews the request for site plan approval for consideration of approval, approval with conditions, or denial. Access: Access to the site will be from East Island Avenue. The roadway surface will be paved with speciality pavers, which will add visually to the proposed development. Code Compliance Table 1 2 X. Zoning: : PCD Required/ wired/ Provided om lia Compliance nce requirements ents Allowed Zoning 9 P CD Planned nedCo m Community Development - Residential >' F rout Setback 30 feet .. 20 . Front entry garage/ No ,, 15. Side entry ry Side Setback tb ck 10 feet 10, No wi th I . P 00 /screen. 5 . with privacy riv Y ac wall. . 0' Side Corner 20 feet 10 No Setback • with th 5 privacy with .. ac all. 0 P Y w Rear Setback 20 feet 10 No w I. 6 i pool: t o0 h with screen. 5 • . with privacy wall: Building Lot 0 35 /o Max. 0 41% No C 9 e overa 2 Building do 9 36 feet Max. 24 Yes Height e� 9 ht Open Space 35% Min. 75.3% Yes The above table shows how this proposed development compares to the requirements of Residential Medium land use. They are shown for comparative purposes only and are not being considered for waivers. Planned Community Developments are given flexibility with these requirements to provide incentives for the design of more open space. Previous zero lot line developments have been approved in areas such as Lone Pine, Bent Tree and PGA National Canterbury (see Table 2 for specific setbacks approved). These developments had less than the required setbacks with greater provision of open space. Departmental Comments: Building Official Jack Hanson and Fire Marshal Scott Fetterman have reviewed the plans and have no concerns. Seacoast Utility Authority noted that they need to provide for off site water main loops in accordance with the master water and sewer plan. The Police Department has provided a list of safety guidelines which they would like forwarded to the builders. They plan to conduct inspections during construction. City Forester Mark Hendrickson has reviewed the project and had some concerns regarding the encroachment of roofs and windows into the PCD buffer (since some of the homes are adjacent to the buffer). The PCD buffer should not be used as a maintenance easement. The petitioner responded that they would allow for 5 feet of clear space to allow for maintenance of the unit without harming plants in the PCD buffer. Assistant City Engineer Tammy Jacobs has also reviewed the project and has no engineering concerns. At its June 23, 1998 meeting, the Site Plan and Appearance Review Committee voted unanimously to recommend approval of petition SP- 98 -06. 3 O O O O O O v Ra M M N N cM M O , :... . O .mss + 3 U ..<: E W O - o 0 o in o o o o Q �YYti111✓tY1Y11111YrY1111111111, � +, � � � Ci f{2 O O O kn O ..... 1 °a.,....:...... ;;;; o 0 0 ...... 0 000 3 .. N ... ......... W W W W bA W W ° t b 1 1 WErf "E>r'........ c•1 ..; N N N r- N: �-' N bA .. C` O BOO OO •-+O OO MO NN tn .:. ......:; .:... ....... J �C1wN R- RGRa;r- RESOLUTION 69, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF 70 ZERO LOT LINE SINGLE FAMILY HOME LOTS ON 31.17 ACRES ON PARCELS 20A AND 20B IN THE BALLENISLES PLANNED COMMUNITY DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Hank Skokowski, agent for BallenIsles Development Company, to approve a Site Plan for the construction of 70 zero lot line single family home lots on 31.17 acres on Parcels 20A and 20B within the BallenIsles Planned Community Development; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves a site plan for the construction of 70 zero lot line single family home lots on 31.17 acres on Parcels 20A and 20B located within the BallenIsles Planned Community Development. Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. June 12, 1998 Site Plan, Urban Design Studio, 1 Sheet 2. June 15, 1998 Preliminary Planting Plan, Krent Wieland Design, Inc., 2 Sheets 3. June 11, 1998 Preliminary Landscape Plan for Model Units A, B & C, Sabatello Construction of Florida, Inc., 1 Sheet 4. June 11, 1998 Preliminary Landscape Plan for Model Units A & C Zero Lot Line, Sabatello Construction of Florida, Inc., 1 Sheet 5. June 11, 1998 Landscape Plan Concept, Common Area, Sabatello Construction of Florida, Inc., 1 Sheet Section 3 This Resolution shall be effective upon adoption. PLACED ON FIRST READING THIS THE DAY OF , 1998. PLACED ON SECOND READING THIS THE DAY OF , 1998. PASSED AND ADOPTED THIS THE DAY OF , 1998. ATTEST: LINDA V. KOSIER VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 69, 1998 Page 2 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT ROAD /CURB /WALKS /DRIVEWAYS _.._...!I UE[WMr e• PALM BEACH GARDENS 10 am MUNICIPAL PROPERTY Frm E.rr a.r.a. OPEN SPACE PROVIDED 23.48 AC 73.3% 9 iINCIUMAG BWFWS AM 9.e AC WWA bVAWA" i7ACT5) F.ic SEn PARKING REQUIRED - I� DRAINAGE EASEMENT 2Sp.128arm.; , Sp /Daaoions, harm. sl.. En G.r r ' 1 PARKING PROVIDED v S I E T ,r a 1 • YYI' t� I SETBACKS: r CA- ZONED: PI ■ll % u I r r MINIMUM SETBACKS LAND USE: P. ROS �' tr 0 a •ta2S' . / 1 ( 6 � I i �� FLORIDA b 5w,.. ,! POWER FPL SUBSTATION I 4 AND �� LIGHT �+ • " °. °' a� 3. • i 2 ` al • FPL EASEMENT AREA TO REMAIN UNDEVELOPED ■ ■ mt ■ ■ �i :.... � P.CD. BOUNDARY ■ r �� ■ ■ ter. ai �'« -F■-■ �� r ■ .. ..::. : -:. ^xc: -: ;= 882.88' a: W OA I ' } '-- SITE DATA f � f NOTES: TOTAL SITE AREA INCLUDES WA -EP MANAGEMENT TRACTS 1 9.6 ACI 31.17 AC' % ^' /WINDOW OPENINE WALL, ON LOTS DWELLING UNITS TO SINGLE FAMILY ZERO LOT. 1 R 2 STORY UWIS A6D 8J. LCT SIZE 50•x140• MIN. FEE SIMPLE LOTS 11. 33. 46. t0• SETBACK OiI GROSS DENSITY DIVIDED BY 31.111-2.24 OW AC;: / —(TO CURRENT ZONING PCO STOP SIGN AND r;': UTKRY' /i _ PROPOSED ZONING TOWNSHIP 42 SECTION 13/14 RANGE 42 AND AA n_ qFy, PCD TO BE CERTIFiD -::, S00199 PARCEL BOUNDAF# /' AND ASSOCIATES MAX. BUILDING COVERAGE PER LOT 41% JOENOTES LIGHT j/� ROAD /CURB /WALKS /DRIVEWAYS 3.31 AC. 10.8% wA MIN. OPEN SPACE REQUIRED 33% Frm E.rr a.r.a. OPEN SPACE PROVIDED 23.48 AC 73.3% iINCIUMAG BWFWS AM 9.e AC WWA bVAWA" i7ACT5) F.ic SEn PARKING REQUIRED - 210 SP r 2Sp.128arm.; , Sp /Daaoions, harm. sl.. En G.r r ' 1 PARKING PROVIDED 280 SP E 2 SC /Garage; 2Sp /0.;"wny ,r _ SETBACKS: r CA- Single Family Zero Lot Homes r r MINIMUM SETBACKS R— S.m..A: tr awrL PCOUVOPOk aORE.I DECK VMAGT WAIL r FrO"' sa1°'Ow � wA wA wA Frm E.rr a.r.a. F.ic SEn WA wA sl.. En G.r r t< wA am. S.ro ; w -L-1 ,r r IT r sM.:arew S.owu #. r r r R— S.m..A: tr r r r ururr eASwr ror 0 o 40' wl —c y o O o *EI — /oAa wr a.rv� 45 vALaEY .0.0 MISM reauN RAMOM , 7ur-ED .a.a�u \ET ti +rR 7 CJNY MOM PII \gun � m s.w a.w aTm ENTRY R.O.W. SECTION N1s ({ -e+- -� ,os• cul- oE.sAC Now C� �� A CUL -DE -SAC SECTION NIS urban demm Stu ^r"" Ursan waM�np t Owgn �` leMKaW Are A.e1ur. CO..,TWdretMw CrooMcr rm LAKE V — V AC 0 LL LAKE PA2R2CEL� i LOCATION MAP ft W C -0 O 0 ♦40 N W V 7 v O �ON� cc Eu maa� V\ _ I sod. rw-w •D 00 Ywm'�" CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 16, 1998 Date Prepared: July 3, 1958 Subject/Agenda Item Consideration of approval for Petition SP- 98 -05, a request by Steven McCraney, agent, for site plan approval of a mixed -use office /self- storage facility consisting of six (6) buildings constructed in two phases, and totaling 134,445 square feet. The 8.059 -acre site is located on lot 8 of PGA National Commerce Park within PGA National Planned Community District (PCD). (15- 42S -42'`) Recommendation /Motion: Staff recommends that Resolution 71, 1998 be approved with three conditions. Reviewed by: Originating Dept.. Costs: $ Council Action: City Attorney Growth Management Total [ ] Finance NA $ [ ] Approved wJ conditions ACM Current FY [ ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to. Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution 71, 1918 Letter from PGA POA dated June 19, 1998 Letter from LBFH dated July 7, 1998 Existing Zoning and Land Use Designations & Site Analysis Consistency with the Code & PGA National Commerce Park [ x ] Not Required Design Guidelines I Submitted by Growtl5 Maannaagemen Affected parties Budget Acct. #:: Director [ ] Notified [ ] None j Approved by: City Manager [ x ] Not required BACKGROUND: Lot 8, PGA National Commerce Park is located within the PGA National Planned Community District and is bounded to the west by PGA National City Park, to the north by Cypress Pointe Condominium, to the east by industrial lots (approved for industrial office and warehouse uses), and to the south by Hiatt Drive (across which are additional industrial office uses and a Montessori private school). On August 7, 1986. City Council approved the PUD for "PGA National Commerce Park" by Resolution 34, 1986. Resolution 58, 1986 approved the plat and site plan for PGA Naticnal Commerce Park. Resolution 148. 1990 amended the site plan, and Resolution 99. 1991 approved the replat of PGA National Commerce Park. On December 5, 1996. City Council repealed Resolutions 148, 1990 and 99, 1991 by approving Resolution 173, 1996 on December 5, 1996. Resolution 173. 1996 amended the site plan. and created landscape buffers surrounding PGA National Commerce Park. Furthermore, Resolution 173, 19% states that land uses within PGA National Commerce Park are governed by the terms of the M -1- Research and Light Industrial Park District, as well as by the terms of the "PGA National Commerce Park Development Guidelines" from January 1987. "Professional and Business Offices" and "Mini- Warehouses" are permitted uses in both the M -1 Zoning District and the Commerce Park Design Guidelines. Approval for the replat of PGA National Commerce Park was given on December 5, 19% through Resolution 174, 1996 The PGA National Commerce Park was approved with 360,000 square feet of industrial space. Of this amount. 135,490 square feet remain. This proposed project would build out the PGA National Commerce Park. PROPOSED BUILDING: The petitioner is proposing a mixed -use office /self- storage facility consisting of six buildings totaling 134,445 square feet on lot 8, within PGA National Commerce of PGA National Planned Community District. The project is proposed to be completed in two phases. For Phase 1, the site plan proposes a 14,280- square foot general office building, a 46,125- square foot self - storage facility (Bldg. A), and three non -air conditioned self- storage buildings, totaling 28,7 /25 square feet (Bldg's C - E). The site plan further proposes a 45,325 square foot air conditioned self- storage building (Bldg. B) to be built in Phase 2. All of the buildings will be one story in height, however, the maximum height of the buildings will range from 14 feet (smaller storage buildings C and D toward rear of site) to 28 feet (the office building). The office building will have landscaped exterior entrances, accessed from all four sides of the building. The office building will also have decorative stucco bands, arches and pilasters, tinted green glazing with white aluminum storefront, and a perimeter verdigris concrete s -tile roof. The self- storage buildings will be architecturally complementary to the office building, and views from adjacent properties will be limited by the design of perimeter buildings, decorative picket fencing and landscaping. All buildings facaoes facing adjacent properties will have a scored stucco pilaster detailing and a painted stucco band above 8 feet. The landscaping will include a 48 inch (at planting) Sweet Viburnum Hedge along the eastern fence that will be maintained at 96 inches. Six foot high Wax Myrtles at 20 feet off center will be placed along the east property line spaced between the proposed 15 Live Oaks. There will also be a 2 foot high berm within the landscape buffer along the west side of the office parking lot. The west side perimeter of the site will have 13 Live Oaks placed between 15 Wax Myrtles, and a Sweet Viburnum Hedge along the eastern edge. of the site. The landscaping at the south side of storage building A has an underplartir.g of Downy Jasmine (a shrub) and Dwarf Bougainvillea (a shrub), the 10 Red Hibiscus (a shrub) are intended to be full to ground and not tree type. The southern perimeter of the site will include 8 Live Oaks, 9 Yellow Trumpet Trees, 2 Florida Royal Palms, a Red Tip Cocoplum Hedge, and several sections of Queen Emma Lily (a shrub), Dwarf Bougainvillea (a shrub), Xanadu (a shrub), and Impatiens (ground cover). On the north perimeter of the site there is an existing 30 foot wide berm and landscaping buffer. There will also be landscaping in the interior of the site that includes Live Oaks, Florida Royal Palms, Alexander Palms, and various other shrubs and ground cover. City Forester Mark Hendrickson has reviewed the plans and has recommended a condition of approval that the PGA Property Owners Association, Inc. (POA) state that the site plan and landscape plans for this project meet with their approval, prior to scheduling, this petition for City Council. The PGA POA has given their approval for this project (see attached letter). The City Engineer, Tammy Jacobs, has also reviewed the plans and recommends site plan approval for the project with one condition. Ms. Jacobs' attached letter details this condition. ACCESS and SIGNAGE: Access to the site will be from Hiatt Drive. A project identification sign has been proposed at the entrance to the site. Building Official Jack Hanson has reviewed the plans and has indicated that the ground sign and the wall sign denoting the office both exhibit code compliance. Mr. Hanson has no other concerns regarding the project. At its May 26, 1998 meeting, the Site Plan and Appearance Review Committee voted 4 - 0 to recommend approval of petition SP -98 -05 with the following conditions, which shall be applicable to the petitioner, its successors and assigns: 1. Outdoor storage or outside work shall not be allowed on site. 2. Buildings on the site shall be used for interior storage only; neither the petitioner, nor its successors, shall sell, rent or allow the outside storage of vehicles, including watercraft. 3. Prior to construction plan approval, the applicant shall submit for review and approval by the City Engineer, water quantity calculations showing flood protection requirements are met and water quality calculations showing the first '/2 inch of storm water runoff is pretreated prior to being discharged 4. Prior to site plan approval, the applicant shall produce letters of authorization from Bell South and Florida Power & Light (FPL) permitting landscaping outside the utility easements. 5. Prior to scheduling this petition for City Council, the applicant shall produce a letter from the PGA Property Owners Association, Inc. stating that the proposed project meets with their approval. 6. Prior to site plan approval, the applicant shall revise the lighting plan such that the photometric illumination levels meet the minimum 0.60 foot - candle requirements of LDR Section 118 -474. It should be noted that the petitioner has addressed conditions 4, 5, and 6. EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE "ZONING LAND USE Subject Property Planned Community Industrial Vacant District (PCD) (I) North Planned Community Residential- Medium Cypress Pointe District (PCD) (RM) Condominium South Planned Community Industrial Industrial Office & District (PCD) (1) Montessori School East Planned Community Industrial Vacant District (PCD) (1) West Planned Community Recreational -Open PGA National District (PCD) Space (ROS) City Park CONSISTENCY WITH THE CODE & PGA National Commerce Park Design Guidelines Consistent Code Requirement Proposed Plan Yes PCD- Planned Community Mixed -Use: I District, Industrial Office!Self- Storage j Yes Lot Coverage (45 %) 38.3% Yes Parking 143 spaces 143 spaces Yes Parking stall Dimension I O'x 18.5' 10'x18.5' Yes Front Setback: 25' 87' Yes Side Setback: 10' 23' Yes Rear Setback: 10' 52.5' Yes PGA Com. Park Overall N. Prop. Line: 20' 52.5' CONSISTENCY WITH THE CODE & PGA National Commerce Park Design Guidelines (continued) Consistent Code Requirement Proposed Plan Yes PGA 36 Acre Park: 30' i 47' Yes Max Buildin <, Heitzht: 40' Max. 28' Yes Open Space (15° o j 128.10, RESOLUTION 71, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF A NIIXED -USE OFFICE /SELF- STORAGE FACILITY CONSISTING OF SIX (6) BUILDINGS CONSTRUCTED IN TWO PHASES, TOTALING 134,445 SQUARE FEET, AND TO BE LOCATED ON AN 8.059 -ACRE SITE NORTH OF HIATT DRIVE, APPROXIMATELY '/4 MILE FROM THE INTERSECTION OF HIATT DRIVE AND NORTHLAKE BOULEVARD WITHIN THE PGA NATIONAL PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from PGA Storage, to approve a Site Plan for the construction of a mixed -use office /self - storage facility on 8.059 acres on Lot 8 of PGA National Commerce Park within PGA National Planned Communitv District (PCD); and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves a site plan for the construction of a mixed -use office /self - storage facility on 8.059 acres on Lot 8 located within PGA National Planned Community District (PCD). Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: I . May 14, 1998 Site Plan (Al), The Sun Group, Inc., 1 Sheet 2. May 14, 1998 Building Elevations (A2 and A3), The Sun Group, Inc., 2 Sheets 3. May 11, 1998 Landscape Plan, David W. Lockmiller, ASLA, 4 Sheets 4. June 15, 1998 Lighting Plans (E1 and E2), The Sun Group, Inc., 2 Sheets Section 3. Said site plan approval shall comply with the following conditions which shall be applicable to the applicant, its successors, and assigns: (1) Outdoor storage, and outdoor manufacture, assembly, repair, or other work, shall be prohibited. (?) Buildings on the site shall be used for interior storage only; neither the applicant, nor its successors, shall sell, rent or allow the outside storage of vehicles, including watercraft. (3) Prior to construction plan approval, the applicant shall submit for review and approval by the City Engineer, water quantity calculations showing flood protection requirements are met and water quality calculations showing the first '/2 inch of storm water runoff is pretreated prior to being dischar <,ed. Section 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE :ATTEST: LINDA V. KOSIER 13)': VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution 71, 1998 Page 2 DAY OF , 1998. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT fh m rn, J' PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 TELEPHONE (561) 627 -MW June 19, 1998 Richard Sun ' The Sun Group 900 E. Indiantown Rd. Suite 111 Jupiter, FL 33477 Re: Architectural Review - PROPOSED OFFICE AND STORAGE COMPLEX Lot 8, Commerce Park - Final Preliminary Plan Submittal Dear Mr. Sun: FACSIMILE (561) 622 -6324 The PGA Architectural Review Committee, at its meeting of June 18, 1998, reviewed the referenced request. It is the decision of the Committee to approve the request as submitted. When completed, please submit three signed and sealed sets of working architectural plans and six signed and sealed sets of landscape plans for final approval. Call if you have any questions. Sincerely, Hal Beard Director of Architectural Review & Compliance -,��� _BF 3H T' ± °l r= JJ_ -3 133 13:3? 156 7a� rL &L2 r 1) HINDAK, l ROWNIN(;, EERRAR! I•IEI LSTRONt, IN(.. I:t )NSUt. AC, i �:,:�c(.ti;, i +:.��.� �� tit Rv}r1 jK% MEMORANDUM TO: Marty Knor FROM: Tammy Jacobs DATE: July 7, 1998 SUBJECT: PGA Storage, PGA Commerce Park (LBFH File No. 98 -0183) We have reviewed the revised Preliminary Drainage Plan prepared by The Sun Group, Inc., revised Lighting Plan prepared by The Sun Group, Inc, and Drainage Statement prepared by Messier & Associates received June 17, 1998. We offer the following comments: 1) Previously Satisfied. 2) Previously Satisfied. 3) Previously Satisfied. 4) Previously Satisfied. 5) Conditionally Satisfied. The applicant has submitted a Drainage Statement and revised Preliminary Drainage Flan showing the first '' /a" of storm water runoff is pretreated through the use of on -site swales, prior to being discharged into an outfall canal located along the west property line. As a condition of construction plan approval, the applicant will need to submit for our review and approval water quantity calculations showing flood protection requirements are met and water quality calculations showing the first '/2" of storm water runoff is pretreated prior to being discharged. 6) Previously Satisfied. 7) Previously Satisfied. 8) Previously Satisfied. 9) Previously Satisfied.+ 1't }yT CRYI('F BOX 727, JUPITUt. H 33 hK (17.17 2101UPITiff (.AXES 11OULEVA90, BUU.DINC .uxw, 51.11rk 104 I560 74h•92411 FAX :(%0 746 -0271 wrST PAI M BEAVI i 114*1'rk ti7umr FORT PIMT i SKrf.< :FkNt, I' ... ..�. ........_.. ,.. .... `'+.►a�IrayMi- .ti:�H�S` �...�f:4:' ='IM _, � :4'f�II�F. :'ll'iV"'*3M• 156 17460-72 _SP.H T° ip; T =� I30 = -J3 JJL 07 '36 15.49 10) Satisfied. The applicant has revised the Lighting Plan such that the photometric iIIumination levels meet the minimum requirements of LDR Section 119-474, We have no further engineering concerns with the esception of the condition of construction plan approval and are therefore able to recommend Site Plan approval. TI C: Greg Dunham Roxanne Manning PISOMc "133e.doo EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Planned Community Industrial Vacant District (PCD) (1) North Planned Community Residential- Medium Cypress Pointe District (PCD) (RM) Condominium South Planned Community Industrial Industrial Office & District (PCD) (I) Montessori School East Planned Community Industrial Vacant District (PCD) (1) West Planned Community Recreational -Open PGA National District (PCD) Space (ROS) City Park CONSISTENCY WITH THE CODE & PGA National Commerce Park Design Guidelines Consistent Code Requirement Proposed Plan Yes PCD - Planned Community Mixed -Use: District, Industrial Office /Self - Storage Yes Lot Coverage (45 %) 38.3% Yes Parking 143 spaces 143 spaces Yes Parking stall Dimension 10'x 18.5' 10'x18.5' Yes Front Setback: 25' 87' Yes Side Setback: 10' 23' Yes Rear Setback: 10' 52.5' Yes PGA Corn. Park Overall N. 52.5' Prop. Line: 20' CONSISTENCY WITH THE CODE & PGA National Commerce.Park Design Guidelines (continued) Consistent Code Requirement Proposed Plan Yes PGA 36 Acre Park: 30' 47' Yes Max Building Height: 40' Max. 28' Yes Open Space (15 %) 28.1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: July 16, 1998 SubjectlAgenda Item Consideration of Approval for a Relocation Agreement between the Village Square Professional Park Property Owner's Association and the City of Palm Beach Gardens. The Relocation Agreement requires the Village Square Professional Park POA to pay for the relocation of a proposed wall should the City or Palm Beach County decide to alter the existing drainage ditch. (8- 42S -43E) Recommendation /Motion: Staff recommends that Resolution , 1998 be approved. Reviewed by: Originating Dept: Costs: $ Council Action: Total City Attorney Growth Management [ ] Finance NA $ [ ] Approved wicw4tions ACM Current FY j ] Denied Human Res. NA Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other Resolution ,1998 j ] Not Required Exhibit A Submitted by: Principal Planner Affected parties [ ] Notified Budget Acct #:: [ ] None Approved by: City Manager [ ] Not required BACKGROUND: The Village Square Professional Park Planned Unit Development (f.k.a. as the Damerau Office Park PUD) was approved by City Council on June 20, 1'996 through the adoption of Resolution 28, 1996. A time extension for the PUD was approved by City Council on February 19, 1998 by the adoption of Resolution 14, 1998. The PUD granted the development of 33,000 square feet of medical and professional office space. A condition of the PUD called for a bank stabilization plan. Resolution 28, 1996, Section 4, No. 7 "... the construction drawings shall show how the top of the bank will be permanently secured and not subject to erosion or other physical modifications." The plat for the Village Square Professional Park was approved by City Council on May 21, 1998 by the adoption of Resolution 44, 1998. The subject parcel is located on the southwest corner of Prosperity Farms Road and RCA Boulevard. The Village Square Professional Park Property Owner's Association, as part of the ditch stabilization plan, proposes to construct a wall along the northern and eastern portions of the Property. The City is requiring the Association to agree and covenant to relocate the proposed wall to the southern boundary of the drainage easement should the City or Palm Beach County decide to alter the existing drainage ditch. The wall proposed for the northern portion of the Property will lie within the fifteen foot wide drainage easement depicted on the plat. The existing drainage ditch currently lies within the drainage easement, which runs adjacent to R.C.A. Boulevard. The Relocation Agreement binds the Village Square Professional Park POA to pay for the relocation of the wall to the southern boundary of the drainage easement. The resolution submitted to the Council requires Council approval before the Relocation Agreement can be executed. The Growth Management Department recommends approval of this petition for the adoption of the Relocation Agreement. July 9, 1998 RESOLUTION 72, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A RELOCATION AGREEMENT BETWEEN VILLAGE SQUARE PROFESSIONAL PARK PROPERTY OWNERS' ASSOCIATION, INC. AND THE CITY OF PALM BEACH GARDENS TO DESIGNATE RESPONSIBILITY TO THE ASSOCIATION FOR RELOCATION OF A PROPOSED WALL SHOULD THE CITY OR PALM BEACH COUNTY DECIDE TO ALTER A DRAINAGE DITCH; PROVIDING FOR AUTHORIZATION TO THE MAYOR TO SIGN SUCH AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved the Village Square Professional Park Planned Unit Development (f.k.a. Damereau Office Park PUD) through the adoption of Resolution 28, 1996, which stipulates as a condition under Section 4, No. 7 the requirement of a bank stabilization plan; WHEREAS, the Village Square Professional Park, Inc. has caused to be surveyed and platted certain real property described in Exhibit A attached hereto ( "the Property "); WHEREAS, the Village Square Professional Park, Inc., as a part of the ditch stabilization plan for the development of the Property, proposes to construct a wall along the northern and eastern portions of the Property; WHEREAS, the City has required, as a condition of approval for the subject plat, that the Association agree and covenant to relocate said wall to the southern boundary of the drainage easement, in the event the City or Palm Beach County elects to relocate or expand the existing drainage ditch in the future; WHEREAS, a proposed Relocation Agreement has been drafted to fulfill said requirement of Resolution 28, 1996, and WHEREAS, the City has received said proposed Relocation Agreement made by and between Village Square Professional Park Property Owners' Association, Inc., a Florida not -for- profit corporation located at 4362 Northlake Boulevard, Suite 114, Palm Beach Gardens, Florida and the City of Palm Beach Gardens, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the Relocation Agreement between the Village Square Professional Park, Inc. and the City to relocate the subject wall to the southern boundary of said drainage easement, at its sole cost and expense as set forth in the copy of the Relocation Agreement which is attached to this Resolution. Section 3. The Mayor is hereby authorized to execute the Relocation Agreement on behalf of the City Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED ON THIS OF JULY 1998 ATTEST: LINDA V. KOSIER I: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Resolution , 1998 Page 2 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT EXHIBIT "A" LEGAL DESCRIPTION A parcel of land being a portion of the Northwest quarter of Section 8, Township 42 South, Range 43 East, Palm Beach County, Florida, said parcel being more specifically described as follows: BEGIN at the NORTH Quarter corner of said Section 8; THENCE, bear South 02 06, 08" West along the East line of said Northwest Quarter, a distance of 393.65 feet to the intersection thereof with the South line of that certain utility, ingress and egress easement recorded in Official Records Book 7754, Page 1570. SAID public records; THENCE, NORTH 88 321 08" West, departing said East line and along said easement line, a distance of 28.47 feet to the point of curvature of a curve to the right, having a radius of 200.00 feet and whose radius point bears North 01 27' Si- East; THENCE Westerly, along said curve departing said easement line, through a central angle of 23 07' 24 ", a distance of 80.72 feet to the point of reverse curvature of a curve to the Left, having a radius of 67.00 feet and whose radius point bears South 24 35' 16" West; THENCE Westerly, along said curve, through a Central Angle of 23 071 2411, a distance of 27.04 feet to the point of tangency; THENCE, North 88 32' 08" West, a distance of 202.38 feet to the intersection thereof with the West line of the East half of the Northeast Quarter of said Northwest Quarter of Section 8; THENCE, North 02 03' 14" East, along said West line, a distance of 372.19 feet to the intersection thereof with the North line of said Northwest Quarter; THENCE South 88 32' 08" East, along said North line, a distance of 336.25 feet to the point of BEGINNING. dan \10095 \exhibit.& CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 16, 1998 Date Prepared: July 9, 1998 Subject/Agenda Item A request by John C. Kelly, agent, for site plan approval of a liquor store and a general retail store for a total of 26,092 square feet. The 3.17 -acre site is located at the former Scotty's site at the northeast corner of Northlake Boulevard and Keating Drive. (13 -42S- 42E) Recommendation /Motion: Staff recommends that Resolution 998 be approved with four conditions. 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: Attachments: Date: [ ],Operating Paper: [ ] Other Resolution, 1998 Letter from John Kelly dated June 29, 1998 Letter from Phyllis Fitzpatrick dated July 30, 1998 Existing Zoning and Land Use Designations & Site Analysis Consistency with the [ x ] Not Required Code SXTitt e h Ma nage ected parties [ ] Notified Budget Acct. #:: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: ABC Liquor Store is proposed to be located at the previously - developed parcel (former Scotty's site) at the northeast corner of Northlake Boulevard and Keating Drive and is bounded to the north by a residential neighborhood, to the east by the Inns of America Hotel and a Chevron gas station, to the south by Northlake Boulevard, and to the west by Keating Drive. Adjacent properties to the subject site include: a Publix/retail shopping center, Shoney's Restaurant and an office building to the south across Northlake Boulevard; and Mobil Gas Station, a shopping center and residential homes to the west across Keating Drive. Site Plan Approval was originally given on October 9, 1979 by the Site Plan and Appearance Review Committee. Scotty's Retail Store occupied the site from 1983 to approximately 1997. The site has been vacant since the Scotty's Retail Store closed its business. PROPOSED BUILDING: The petitioner is proposing a retail liquor and party supply store contained in one pre- existing building that is 26,092 square feet in size. The building had previously been used as part of Scotty's Retail Store. The site is near the northwest quadrant of the I- 95/Northlake Boulevard interchange. The site is accessed through both Northlake Boulevard and Keating Drive. Northlake Boulevard is a six -lane, divided arterial that runs east -west. Keating Drive is a two -lane local street that accesses existing commercial development near Northlake Boulevard and extends to a residential area to the north. The development of the site will essentially consist of the conversion of the existing structure to an ABC Store with approximately 15,000 square feet of floor space (with approximately 3,400 square feet of storage room). The ABC Store will offer a variety of specialized goods, including beer, wine, liquor, delicatessen foods, cigars (with a walk -in humidor), and party decorations. It will be restricted to patrons 21 years of age or older. In addition, the building will include a 7,700 square foot space leased to a party supply store. The proposed building site is located in a CG -2 zoning district. Under the Chart of Permitted and Conditional Uses in Section 118 -246 of the Code of Ordinances for the City of Palm Beach Gardens, Florida, a liquor store is a permitted use in a CG -2 zoning district. In fact, the petitioner could move into the building without having to make site improvements. The building will have landscaped exterior entrances, a "sunrise" coloured concrete barrel tile roof, and a decorative stucco facade with banding on the south (front), west, and east elevations. The rear elevation will be painted "Tusk Tusk ", and the gutters will be painted "Ivory Beige ". The landscaping will include 5 Gumbo Limbo Trees, 2 Mexican Palms, 7 Bottle Brush Trees, 2 Black Olive Trees, 2 Live Oak Trees, 15 Sabal Palms, and a Viburnum Suspensum Hedge on the western perimeter of the site. The Keating Drive median to the west of the site also includes 3 Black Olive Trees in one section, and 3 Live Oak Trees in the other section. The northern perimeter of the site will have 8 Live Oak Trees and 1 Black Olive. The landscaping on the eastern perimeter will include 5 Black Olive Trees, 5 Live Oak Trees, 1 Fig Tree, and a Viburnum Suspensum Hedge. The south /front elevation will include 1 Live Oak Tree, 1 Black Olive Tree, 5 Ixoras, 3 Mexican Palms, and a section of Vibunum Suspensum Hedge. The interior of the site includes several Live Oak Trees, Jasmine Trees, Dwarf Red Taiwan Ixoras, Queen Palms, and shrubs. ACCESS and SIGNAGE: A project identification sign has been proposed at the Northlake Boulevard entrance to the site. Building Official Jack Hanson has reviewed the plans for the project. The proposed ground and wall signage meet the City's Code of Ordinances. Mr. Hanson has stated that the old sign base (when the site was owned by Scotty's) needs to be removed. At its June 9, 1998 meeting, the Site Plan and Appearance Review Committee voted 7 -0 to recommend approval of petition SP -98 -04 with the following conditions: The former sign base on the site (when the site was owned by Scotty's) shall be removed. 2. The petitioner shall be responsible for maintaining the Keating Drive median landscaping and irrigation, as well as, keeping the Keating Drive and Northlake Boulevard road shoulders in a neat and clean appearance. 3. Prior to the issuance of the certificate of occupancy, the petitioner shall clean the existing drainage inlets (on site) of debris and re -grout the PVC connector pipes (on site) at the connection to the existing inlets to the satisfaction of the City Engineer. 4. Prior to the issuance of the certificate of occupancy, all broken or cracked curbing on site shall be repaired or replaced to the satisfaction of the City Engineer. 5. More intensive landscaping shall be done on the western elevation. Trees such as palm clusters shall be planted in between the existing trees (Gumbo Limbo), and at a location closer to the building. 6. The western elevation of the building shall include a stucco wall and architectural detail such as banding. The western elevation of the building shall be remodeled in a similar manner as the front/south elevation. It should be noted that the petitioner has addressed condition #1 by submitting letters and a revised section of the site plan that state and show respectively, that the former sign base on the site shall be removed. The petitioner has also addressed condition #5 by adding 15 Sabal Palmettos in between the existing trees, at locations closer to the building (west elevation), and condition #6 by adding stucco and banding (such as that on the front/south elevation) to the western elevation. The petitioner has also carried the stucco and banding over to the eastern elevation. Gshort SP9804.ccl RESOLUTION 73, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO AN APPROVED SITE PLAN FOR A LIQUOR STORE AND A GENERAL RETAIL STORE TOTALING 26,092 SQUARE FEET AT THE NORTHEAST CORNER OF NORTHLAKE BOULEVARD AND KEATING DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Site Plan and Appearance Review Committee of the City of Palm Beach Gardens, Florida, approved a site plan on October 9, 1979, for a site located at the northeast corner of Keating Drive and Northlake Boulevard. WHEREAS, the City has received an application from ABC Liquors, Inc. to amend the Site Plan for a liquor store and a general retail store on 3.17 acres at the former Scotty's site on the northeast comer of Northlake Boulevard and Keating Drive; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to an approved site plan for a liquor store and a general retail store on 3.17 acres at the northeast corner of Northlake Boulevard and Keating Drive. Section 2, Said approval shall be consistent with plans filed with the City's Growth Management Department as follows, and shall supersede the existing site plans: 1. April 9, 1998 Exterior Elevations (A3), Arterbury Architect's, Inc., 1 Sheet 2. June 26, 1998 Exterior Elevations (A4), Arterbury Architect's, Inc., 1 Sheet 3. June 2, 1998 Dimension & Pavement Marking Plan (C 1), Kelly, Collins & Gentry, Inc., 1 Sheet 4. June 2, 1998 Existing Grading & Drainage Plan (C2), Kelly, Collins & Gentry, Inc., 1 Sheet 5. June 2, 1998 Existing Utility Plan (0), Kelly, Collins & Gentry, Inc., 1 Sheet 6. June 2, 1998 Site Details (C4), Kelly, Collins & Gentry, Inc., 1 Sheet 7. June 16, 1998 Landscape Site Plan (L1), Dale & Company, 1 Sheet Resolution 73, 1998 Page 2 8. June 2, 1998 Landscape Plans (Sheet 2 of 3 & Sheet 3 of 3), Dale & Company, 2 Sheets 9. June 2, 1998 Site Lighting Plan (E -1), Southern Design Consultants, Inc., 1 Sheet. 10. June 2, 1998 Photometric Data (L -1), Southern Design Consultants, Inc., 1 Sheet. Section 3. Said proposed site plan shall comply with the following conditions: Prior to the issuance of the Certificate of Occupancy, the former sign base on the site (when the site was owned by Scotty's) shall be removed. 2. The applicant shall maintain the Keating Drive median landscaping and irrigation as shown on the landscape plans dated June 2, 1998 and June 16, 1998. The petitioner shall also be responsible for keeping the Keating Drive and Northlake Boulevard road shoulders, adjacent to the project site, in a neat and clean appearance per the Code of City Ordinances for the City of Palm Beach Gardens, Florida. 3. Prior to the issuance of the certificate of occupancy, the petitioner shall clean the existing drainage inlets of debris and re -grout the PVC connector pipes at the connection to the existing inlets to the satisfaction of the City Engineer. 4. Prior to the issuance of the certificate of occupancy, all broken or cracked curbing on site shall be repaired or replaced to the satisfaction of the City Engineer. Section $, This Resolution shall be effective upon adoption. Resolution 73, 1998 Page 3 INTRODUCED, PASSED AND ADOPTED ON THIS ATTEST: LINDA V. KOSIER I: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK gAshort— Asp9804.ro DAY OF JULY, 1998 JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT ENGINEERS• SURVEYORS - PLANNERS June 29, 1998 h\ V\',. Mr. John Lindgren Assistant Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Dear John, ABC Liquors, Inc. will remove the existing ground mounted sign as requested by the staff and replace• it with a new sign meeting the setback and height requirements of the current code. Please refer to the attached sketch depicting the removal of the existing sign. Sincerely, C. Kelly, P. . Sr. Project Manager Attachment cc: Phyllis Fitzpatrick 3 'I Sig 04P rg 77 r f?OSEASTCOLON /AL OR/VE • P.O. BOXS3B306.ORLANDO, FLOR/L7A 31863 -BdOS •TELEPHONE. /407J B9B -OJ94 •FAX. (407J 898.4838 P ` H/C Planter HAN ICAP Planter SIGN < i- 0 PACE SEE (TVP) I DETAIL C -4 rr 12 0 D ` ° �./ 12 9.5' N d l D 12• t (MIN) � p OTE: —i- D .� O p 9.5' ) 9.5'`� O CONSUC (MIN) (MIN D I I Q �1 D © 6 6 N w l 1 19• 15• 19' D o w J I F- (MIN) MIN M E c> c, I E- CL I �' MN p ® ,�, p � CI L, ; I p Z � I �- I o U U in < Z I p D f Planter Z 1 Planter` a D concretb 4 DO NOT STOP SIGN ENTER Povemegt �� EN TER 1 :5 o . S B X 1 WHITE D. '~ ® STOP BAR - Q s.00 : taoo stcx+ t Asst (PARCEL 4) 0 O O.R.S. 4W. Pegs, mt _ 1 36' MIN ( I LSACPE 1 1 1 ^mz I \ 50•' 10' EXI I 1 h � MIN MIN Brick Sign Baas,. to moved I I S8"7'20eE(A) EAST(D) 178.0T(AMB) _ '• 90 ii� ---- ---- Remove ex•�at. -'- �� ----- � 6. Nee asphalt for P.O.B. of SIGN EASEMENT (PARCEL 4) DITCH Joe. 40' CMP news landscape O.R.B. 3801, Page 1467 P.O.B. of \ - _ G R A S S t o O.R.B. 45_ --------------- - ---- -= ------ Concrete Walk - , '-?------ -- I e ® G R A S S I • Edge of Pavement 1 1 1 Lane Stripe _ _ _ I----------------------------------------------- Centerlin* of l- f a :i.R.B. 4591. Pcc ( I Lane Stripe `D (2.5• Each Side r— — — — — — — — — — — — — - ---- - - - - -�Sp ---------0,---------- 1 /� 1 1 4D 1 � -- -- ---- -- ----------------- - - - - -- Lo ---- - -- -- ----- - -- - -- f I SL O �N w�ti F AOL Pine as Flnridas Oldest and Lar4est Pine Nine & Spirits ;WerAunt. July 30, 1998 City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Fl. 33410 Re: ABC Fine Wine & Spirits Store #201 4155 Northlake Blvd. Palm Beach Gardens, Fl. Planning & Zoning Commission, As requested by the City Council; please let this letter serve as confirmation that the existing sign, base and foundation shall be removed from the site during construction of the Exterior Renovations. In the event there are any questions, please feel free to contact our office at 1- 800 -854 -7283 ext. 504. Sincerely, Phyllis Fitzpatrick Construction Coordinator JUN 30 1996 GROWTH MANAGEMENT DEPARTMENT 8989 Soutb Oran4e i\venue . Orlando. Florida 328.59 -3688 Telephone -#1)i 851 - 1)1)1)1) Fax il)i 877- 731)1) EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS EXISTING USE ZONING LAND USE Subject Property Intensive Commercial Commercial Vacant (former Scotty's) (CG2) (C) North Unincorporated Palm Residential Residential Beach County (R) South General Commercial Commercial Retail Shopping (CG1) ( C ) & Restaurant East Intensive Commercial Commercial Hotel & Gas Station (CG2) ( C ) West General Commercial/ Commercial /Residential Gas Station, Shopping Residential Low Density -3 (C /RL) Center, & Residential (CG1 /RL3) 1 , CONSISTENCY WITH THE CODE Consistent Code Requirement Proposed Plan Yes CG2- Intensive Retail: Commercial Liquor Store, Package Sales Yes Maximum Lot Coverage: Existing 29.6% 35% Proposed 18.9% Yes Minimum Parking: 105 105 spaces spaces Parking Stall Dimension: No 10'x18.5' 9.5'x19' (84 spaces) Yes 10'x18.5' 10'x18.5' (16 spaces) Yes 12'x18.5' Handicap Parking: 5 spaces Yes Minimum Front Setback: 193.7' 40' Yes Minimum Side Setback: 184' 20' No Minimum Side Facing Street 26.8' Setback: 30' No Minimum Rear Setback: 14.6' 15' Yes Minimum Building Site 3.17 acres Area: 1 acre Yes Minimum Building Site 370.09' Width: 100' Yes Maximum Building Height: Max. 28.6' 50' No Minimum Open Space 13.6% (15 %) NOTE: Except for the number of parking spaces, the development is vested, as an existing project, from code requirements such as setbacks, parking stall size and landscaping requirements. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: July 16, 1998 Date Prepared: July 9, 1998 Subject/Agenda Item: Consideration of Approval: Petition SP- 98 -12, Urban Design Studio, agent for the Dexter Development Company, is requesting approval to modify the Ballenisles Parcel 6b one car garage condominium floor plan to incorporate the options for either a 1'h car garage or a 2 car garage. and to change certain building set backs, including a rear yard set back waiver of two feet. (13- 42S -42E) Recommendation /Motion: Staff recommends aooroval of Resolution 74. 1998 with one condition. Reviewed by: Originating Dept.: Costs: $_0 Council Action: Total City Attorney ( ] Approved Growth Management Finance N/A $ 0 ( ] Approved wt coed tjo .'5 Current FY ACM [ ] Denied Human Res. N/A Advertised: Funding Source: [ ] Continued to: Other N/A Date: ( ] Operating Attachments: Paper: [ ] Other N/A Resolution 90, 1995 Resolution 10, 1997 [ x ] Not Required Resolution 11, 1997 Resolution 74, 1998 Submitted by: Affected parties Budget Acct. #: Map: Site Area Landscape plans Departmen Director [ ] Notified [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: Location, Zoninq and Land Use Urban Design Studio, agent for the Dexter Development Company, is proposing to modify the approved Parcel 6b condominium one car garage floor plan to incorporate the options of either a 1'/ car garage or a 2 car garage, and to change certain building setbacks, including a waiver for rear yards of two feet. The proposed floor plan affects the approved Mayor and City Council M I SC -98 -0? Pa,-,e 2 building elevations and landscaping. Ballenlsles Parcel 6b was originally approved by Resolution 90, 1995 for 84 condominium units, located in 21 two -story quadraplex buildings. The City amended the site plan and landscape plan for Parcel 6b by Resolution 10, 1997, and amended the architectural features of the condominiums by Resolution 11, 1997 to allow for golf cart entrances. The proposed garage change eliminates the golf cart side access for the remaining models. Fourteen (14) two -story quadraplex buildings are left to be built. The petitioner states that the developer of Parcel 6b has experienced some difficulties in marketing the units approved. They believe that this is due to the size of the garages. Increasing the size of the garage area will reduce the size of the court yard area and side building setback. All other architectural elements, colors, materials and style will remain the same. The landscape plan has been revised to reflect the floor plan change. The 1' /z -car floor plan will allow one car and a golf cart side -by -side. The 2-car floor plan will not allow a golf cart in addition to the two cars. The 2 -car garage design will allow for two (2) cars to park outside on the apron leading to the garage. This design resolves some of the problems the previous approval had with not having enough parking spaces for three bedroom units. The parking wavier is still needed for the some existing units, and the 1'h car garage units having three bedrooms. The number of approved guest parking spaces have been reduced from 42 to 31 because the 2-car garage will have the correct number of parking spaces for a three bedroom unit plus an extra space. Under the current proposal, 252 parking spaces would be required if every unit had three bedrooms. This is the maximum possible ,but is not likely. At that figure, 13 guest parking are needed for a total of 265 required parking spaces. The petitioner is proposing 283 parking spaces, of which, 31 are for guests. The petitioner is requesting a reduction of the approved side building setback from 20' to 18' for Buildings 8, 9, 10, 11, 13, 14, 16, 17 and 18. City code requires 10 feet. The petitioner is also requesting a waiver from City Code for the reduction of the approved rear building setback from 20' to 18' for Buildings 6, 7, 12 and 18. City code requires 20'. Building Official Jack Hanson, and City Forester Mark Hendrickson have reviewed the plans and have no adverse comments. Fire Marshal Scott Fetterman commented that the Fire Department has encountered problems in the past with cul -de -sacs designed with adjacent parking spaces. He suggested making the parking spaces longer than 18.5' on the outside of the cul -de -sac because the spaces have already been constructed. The petitioner has reduced the number of parking spaces originally approved around the cul- de -sac from 15 to 12. RESOLUTION 74, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 90, 1995, RESOLUTION 10, 1997 AND RESOLUTION 11, 1997, BY AMENDING THE APPROVED SITE PLAN, LANDSCAPE PLAN AND BUILDING ELEVATIONS FOR THE BALLENISLES PARCEL 66, TO ALLOW FOR CONDOMINIUM FLOOR PLAN OPTIONS, WHICH AFFECTS THE SITE PLAN, LANDSCAPING, AND BUILDING ELEVATIONS, AND PROVIDING FOR REPEAL OF THE RESOLUTIONS IN CONFLICT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved the site plan for 84 condominium units in Ballenlsles Parcel 6b by adoption of Resolution 90, 1995; WHEREAS, the City Council approved amendments to Resolution 90, 1995 by amending the site plan and landscape plan pursuant to Resolution 10, 1997 and approved condominium models with side entry golf cart entrances pursuant to Resolution 11, 1997; WHEREAS, an application has been submitted by Dexter Development Company the petitioner seeking to amend Resolution 90, 1995, Resolution 10, 1997, and Resolution 11, 1997 by amending the site plan, landscape plans and building elevations to provide for floor plan options for either a 1'/2 or 2 car garage and eliminating the side entry golf cart entrances for the remaining models; and WHEREAS, the City's Growth Management Department has reviewed this application and has determined that the proposed petition is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of Palm Beach Gardens hereby approves an amendment to Resolution 90, 1995, Resolution 10, 1997 and to Resolution 11, 1997 to revise the approved site plan, landscape plans and building elevations for Ballenlsles Parcel 6b to provide for the 1'h or 2 car garage options. Section 2. Said approval shall be consistent with plans on file with the City's Growth Management Department as follows: 1. May 28, 1998 Parcel 6b Site Plan by Urban Design Studio. One sheet. 2. June 1, 1998 Parcel 6b Overall Planting Plan by Krent Wieland Design, Inc.. One sheet. 3. May 29, 1998 Landscape Plan 1 1/2Car Garage by Urban Design Studio. One sheet. 4. May 29, 1998 Landscape Plan 2 Car Garage by Urban Design Studio. One sheet. 5. May 29, 1998 Quadruplex - Building Type 'B' by Scott Blakeslee Disher Architects. Sheets B -1 to B -3. 6. May 29, 1998 Quadruplex - Building Type 'C' by Scott Blakeslee Disher Architects. Sheets C -1 to C -3. Section 3. Said approval is granted with the following condition: 1. All 12 parking spaces located around the cul -de -sac shall be increased in length by 3'/Z' prior to the next Certificate of Occupancy. Section 4. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of their conflict. Section 5. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF APRIL 1998 MAYOR JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER AND SUFFICIENCY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT Page 2 of 2 RESOLUTION 90, 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN TO CONSTRUCT 84 MULTIFAMILY CONDOMINIUM UNITS ON 10.581 ACRES OF PARCEL 6B IN THE BALLENISLES COUNTRY CLUB PLANNED COMMUNITY DISTRICT. WHEREAS, the City Planning and Zoning Department has received a petition for a site plan approval on Parcel 6b of the BallenIsles Country Club Planned Community District; and WHEREAS, the_ Planning and Zoning Department has reviewed said petition and determined that it met sufficiency requirements; and WHEREAS, the Site Plan is consistent with the City's Comprehensive Land Use Plan and Land Development Regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION I. The City Council of the City of Palm Beach Gardens, Florida, hereby grants a site plan approval to construct 84 multifamily condominium units on 10.581 acres of Parcel 6b in the BallenIsles Country Club Planned Community District. SECTION 2. Said development shall be in accordance with the plans on f ile with the Planning and Zoning Department as follows: 1. August 18, 1995 Site Plan by urban Design Studio. 1 Sheet. 2. July 20, 1995 Overall Preliminary Planting Plan by Krent Wieland Design, Inc. 1 Sheet. 3. July 19, 1995 Entry Preliminary Planting Plant by Krent Wieland Design, Inc. 1 Sheets. 4. June 14, 1995 Typical Building Preliminary Planting Plan by Krent Wieland Design, Inc. 1 Sheet. 5. June 14, 1995 Planting Specifications Plan by Krent Wieland Design, Inc. 1 Sheet. 7. July 19, 1995 Elevations/ Floor Plans Cover Sheet Prepared by Scott Blakeslee Disher Architects. 1 Sheet. 8. May 19, 1995 First and Second Floor Plans by Scott Blakeslee Disher Architects. 2 Sheets. 9. July 19, 1995 Elevations Plans by Scott Blakeslee Disher Architects. 2 Sheets. 10. July 19, 1995 Second Floor Plan Options Plan by Scott Blakeslee Disher Architects. 11. July 19, 1995 Elevations for Second Floor Options Plan by Scott Blakeslee Disher Architects. 1 Sheet. 12. June 14, 1995 Pavilion Plan and Elevations Plan by Scott Blakeslee Disher Architects. 1 Sheet. 13. August 8, 1995 Boundary Survey by Keshavarz and Associates, Inc. 1 Sheet. SECTION 3. Said approval is granted based on compliance with the following conditions: 1. The 12 -foot Seacoast Utility Easement shall be abandoned or relocated prior to review and approval of the record plat for this parcel. 2. The applicant shall provide written verification from FP &L to relocate /remove the existing FP &L powerlines prior to review and approval of the record plat for this parcel. 3. The roadway providing legal access to Parcel 6b shall be platted, constructed and opened to the public prior to the issuance of a Certificate of Occupancy for the first residential unit and also prior to allowing public access to model homes. 4. The final surface water management system, that is necessary to serve Parcel 6b, shall be constructed with Parcel 6b in accordance with the conceptual South Florida Water Management District permit prior to issuance of the first Certificate of Occupancy. 5. The landscape buffer plan for the area between Parcels 6b and 19b shall be submitted for review and approval with the development application for Parcel 19b and shall be installed concurrent with the development of Parcel 19b. } 6. A waiver shall be approved for parking based on the number of bedrooms. 7. A waiver shall be approved for continuing the sidewalk around the cul -de -sac. 8. The PCD buffer, west of Gardens Glen, shall be installed within 30 days prior to issuance of the first building permit for 6b PUD. SECTION 3. This Resolution shall be ,effective ,upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 0 YjdF 1995.] .4111, t"_y R: RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK APPROVED AS TO FORM AND LEGAL SUFFICIENCY OMAS J. B Y ATTORNEY g� NAY ABSENT RESOLUTION 10, 1997 January 8, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMM BEACH GARDENS. FLORIDA, APPROV NG Alai AMENDMENT TO THE SITE PLAN AND LANDSCAPE PLAINS FOR PARCEL 6B IN THE BALLENISLES COUNTRY CLUB PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS OF APPROVAL, AND PROVIDING FOR AN EFFECTIVE DATE. W7HEREAS, the City Council has previously approved a site plan and landscape plans for the Parcel 6B, known as Palms at BallenIsles, in the BallenIsles Country Club Planned Community District; WHEREAS, the City's Planning and Zoning Department has received an application to amend the site plan and the landscape plans for Parcel 6B; WNFREAS, the City's Planning and Zoning staff have reviewed the application and have determined that it meets sufficiency requirements; and WHEREAS, the City Council has determined that the proposed petition is consistent with the City's Comprehensive Plan. NOW, TBFREFORE, BE IT RESOLV D 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 amendnmdt to the site plan and the landscape plans for Parcel 6B, known as Palms at BallenIsles, located within the BallenIsles Country Club Planned Community District. lion.; . Amendments shall be in accordance with plans on file with the City's Planning and Zoning Department, as follows: 1. December 18, 1996 Site Plan by Urban Design Studio. 1 Sheet. .2. December 19, 1996 Overall Planting Plan by Krent Wieland Design. 1 Sheet. 3. December 19, 1996 Entry Planting Plan by Krent Wieland Design. 1 Sheet. 4. December 16, 1996 Typical Building Plan by Top Branch Nursery and Landscape. Inc. 1 Sheet. 5. December 16, 1996 Pool and Recreation Center Plan by Top Branch Nursery and Landscape, Inc. 1 Sheet. Section- . Said approval is based on the following conditions of approval: 1. Upon approval and prior to the next Certificate of Occupancy, the Landscape Architect for Top Branch Nursery and Landscape, Inc. Shall inspect and certify in writing to the City that all work installed around the recreation area and the existing buildings meet the approved landscape plans. 2. Prior to the final Certificate of Occupancy, both Krent Wieland Design, Inc. and Top Branch Nursery and Landscape, Inc. shall certify in writing to the City that all common open space landscaping is in compliance with the approved respective landscape plan.. Section 4. This Resolution shall be effective upon adoption. INTRQDUCED, PASSED AND ADOPTED THIS _44 DAY OF JANUARY 1997. ATTEST: i -iNDA V. KOSIER, CMC, CITY CTTRK BY: ,z E: � VOTE:'' AYE MAYOR RUSSO VICE MAYOR FURTADO ✓ COUNCILWOMAN MONROE COUNCn -MAN JABT_ N COUNCn -MAN CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY NAY ARSEN Resolution 10,1997 Page 2 January 10, 1997 RESOLUTION 11, 1997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE CONSTRUCTION OF GOLF CART ENTRANCES, ARCHTTECTUR -\L MODIFICATIONS AND PATHWAYS FOR A M:A-XI2MU�ri OF 27 UNITS AT PARCEL 6B LEI THE BALLENISLES COUNTRY CLUB PLANNED CONLMUNITY DISTRICT, PROV E)LNG FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. 'WHEREAS, the City Council has previously approved the construction of 84 condominium units in BallenIsles Parcel 6B by Resolution 90, 1995; WHEREAS, the petitioner is requesting to amend the PCD to construct golf cart entrances, architectural modifications and pathways for a maximum of 27 units; WI FRFAS, the City's Planning and Zoning staff have reviewed the application and have determined that it meets sufficiency requirements; and WHEREAS, the City Council has determined that the proposed petition is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: ,•. Section 1. The City Council of the City of Palm Beach Gardens hereby approves the construction of golf cart entrances, architectural modifications and pathways for a maxirmlm of 27 units at Parcel 6B located in the Ballenlsles Country Club Planned Community District. Section 2. The construction shall be in accordance with plans on file with the City's Planning and Zoning Department, as follows: 1. December 19, 1996 Proposed Golf Cart Option Plan, The Palms at Ballenisles, Scott Blakeslee Disher Architects. Sheet P -1. 2. December 19, 1996 The Palms at Ballenlsles Golf Cart Access Planting Plan, Top Branch Nursery and Landscape Inc. Sheets 1 -2. Section 3. Said approval is based on the following conditions of approval: 1. No completed unit without a side golf cart garage entry can be retrofitted in the future to allow for a side entry golf cart entry. 2. No shared pathway shall exist between a unit with and a unit without a side golf cart garage entry. 3. No units completed at the time of this petition approval (12 units in buildings 2, 3, and 21) will be allowed the side golf cart garage entrance, with the exception of the unit with the existing side golf cart garage entry. Section 4. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY 1997. _ '10� /% -.�- ATTEST: LINDA V. KOSiFR, CMC, CITY CLERK qLgolt .� ' VOTE: MAYOiMUSS0 VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABY IN COUNCn -MAN CLARK YOR APPROVED AS TO 1 FGAL FORM AND SUFFICIENCY AYE NAY ABS J. Resolution 11,1997 Page 2 r PGA Blvd. 77 CaWO, '- Woodland lags 1 Eauu• -:7777, ConcSos zz- •• Clt+�llwow \_ 1 i '�.� � f :���'•' —,��_ ° ' ..++..� .: • � �\ - � . tee :""� i��... is 1.•• -• / --_, — ^,�..- �_.`'— + - I = :' --�i:: c:.f` :� ����r, — �.: is i;: l�+^� �L�~' '..� ��-•�. -�'�' �• ,YJ jQ car ca,e Esraas m`i i:':- :..:. -. '•� y� •-:. �;:•�,',i -_ [-- �• - ; : _:,::;:\ :�•.�. -- .} \•.: .. 4e,v., ore,• S ........ • - � ::::� :::�� :'• If " ";! :::::: :i —�� Loyola CT,aoh�, LL le :.:yam.• iii / r J .,• :;iJ�'.- �'•J F ?�,i:l •: Yet+►!:::'•:: i aH�t.:•J, u.. • C r "' ��., • cis• � _ _°= j .?1 HOGOW P... I'� lac carom,+ Northlake Blvd.; Lake Park West Road G`r Locati N.T.S. on Map Q) . '•: : �. • = _ V .�w Ms hrer mod"" Cham, 3u� b r Garden Park ..m:� `KkV Arusr Esaasl i Previously l _1 Approved Currently Under i Review ' PARCEL 6a A' f PARCEL 9 C / \ ` � LAKE I 20 .� I1 is OATAi � \ . ((( \ 4 18 K.. `•SOY w.■r. n• OretO n // \�� . -r 5 .;i _� = •.•rtwr }.r. 'CYq —r1f fw•t! M %ft0 S' / ` li ��•.'�� ..•`. J•I ih'} ��- 0 *�L� •r ItC.c• •f .yy :f��_.C:1 L �.1..•y. b•t9t_ - - -7.{ 1 PARCEL 19a7 �� j ''•`— 1•«« ` /A- rrYY 1t rflK.t jGOLF 15 G GOLF v1, i WK.4 •tl 1'tt ltfYt 1 S uanm rrtr•r Syr t LAX! ` �• ,`i`�}. rre R•f •...•trr.r .•tr. — ((( � 11{ � •-:�Ei�ti"� �/ { \� \� {� I fr'' i$":ia:.�t i ° Weis "r'"e.ots . t•tr•.r a•r. ` 1 �V� • 34oq. Vin lr...pYea. 8 — ( oftf..r....f.f ••r rf rr r■r y ■rrr .� •, t � w � 14 1r 'l`�- ages w �w %'i+'.�I�.e"ii "■ �.. _ '� _ � I 1 UM V ♦. Apt�tiaYlf\ IOW.rR f♦Y 4�- i ^.LTt�� Spur Road Section anw.MS-0 w"M man Got: /30' ROW Sectioe �•• 10 /r.ar. ' GOLF - - .1rr-t - U• Typical OWN ewar / OW111k t aBallei Palm Bey �>s Parcel 6 Site Plar :Il�:j •2: :::2'i:fl ;:'.:2 }7t 12'tt is .1' 'Isf 4"'.;1 1,11!1 i' -'P :1:1:::::: ::::;- :1� /I1t 11717 N ti: f Ballentsles Country Club �+ Palm Beach Gardens, Florlda i Parcel 6b i Landscaoe Plan 1 1/2 Car Garage ;� E ;F f : , ►�i,li� r 4ff!1:� pull! ►if; � if f�} 1!11 1lll �} `i to f !fU li N ti: f Ballentsles Country Club �+ Palm Beach Gardens, Florlda i Parcel 6b i Landscaoe Plan 1 1/2 Car Garage > } >Y tr ]� � ...t::r:_ps :r.•---5'iiso:5 -idi= � �• r iitri� :etltttrt�t ;j+ f f f —ar•e t°i . ?I- 'a r t Sir, i .stt5 A �i!i 4IJ �ili �� i !;t4k iii!i ii 1 � i • 4 r iii: Iii' ;ih i; y to � y Nd s 4 t I � Y YI „' t •• 7t frrfil Ballenlsles Country Club j :i i {;,I�it��;rK i • : Palm Beach Gardens, Florida Parcel 8b Landscape Plan 2 Car Garage ill i; ill {i!; RESOLUTION 75, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE MEMBER TO THE POLICE OFFICER'S RETIREMENT FUND OF THE CITY OF PALM BEACH GARDENS, FLORIDA; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 33.36 of Chapter 33, Police Department of the Palm Beach Gardens Code of Ordinances provides for appointment of members to the Board of Trustees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 33.36 of Chapter 33, entitled "Police Department" of the City of Palm Beach Gardens Code of Ordinances is hereby appointed as a member of the Board of Trustees of the Police Officer's Pension Fund for the City of Palm Beach Gardens, Florida, for a term of two (2) years, which term of office shall expire on July 18, 2000. SECTION 2. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY, 1998. ATTEST: LINDA V. KOSIER, CMC, CITY CLERK MAYOR JOSEPH R. RUSSO Approved as to Form and Legal Sufficiency. City Attorney Resolution 75, 1998 Page 2 of 2 VOTE: AYE NAY ABSENT COUNCILMAN RUSSO COUNCILWOMAN FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO v P M O n C) O 0 C7 T rt' nOy N to M v O_ CD W C 9 CD CD C'n. C z rt ;V - � 0 CD to '+rDi n Cr7�� C:7 CD 4 CD rD w rri In j z' R � v C �O O OD O CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item Date:July 16,199A Consideration of approval for petition SP- 98 -10, a request by Jerry Lev, Owner, for an amendment to the approved site plan for PGA National Canterbury (Parcel M -24). The original site plan for lots 41 & 43 was approved for a Courtyard model only. The petitioner is requesting to have an option of either a Courtyard or a modified Courtyard model for the two lots. The 20 -acre site is located within the PGA National Planned Community District (PCD). (10- 42S -42E) Recommendation /Motion: Staff recommends that ResolutiorD8,1998 be approved with no conditions. Reviewed by: Originating Dept.: Costs: $ Council Action: City Attorney Growth Management Total [ ] Finance NA $ [ ] Approved Wiconditns ACM Current FY [ ] Denied Human Res. NA Other NA Fundin Source: 9 [ ]Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ x ] Not Required [ ] Other Resolution, 1998 I Submitted by:y Growth Manage ent Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ x ] Not required BACKGROUND: The PGA National DRI was approved on August 31, 1978 by Resolution 43, 1978. On February 1, 1979, City Council approved the PGA National Planned Community District by Ordinance 34, 1978. Parcel M -24 was originally approved for a 176 multi - family residential unit development known as the lakes per Resolution 37, 1984. However, only 16 units and the recreation center, as a part of Phase I, were constructed. On November 19, 1987, the City Council adopted Resolution 103, 1987 approving the Canterbury PUD on the remaining unimproved lands for 102 single - family zero -lot line residential units. On January 5, 1995, the City Council adopted Resolution 174, 1994 for approval of a new model on six lots at the northeast comer of the site. The petitioner was granted approval of a courtyard zero lot line model. Since the project was approved as a Z -lot zero lot line project, the residential block where the new model were approved required the lots to be reconfigured to a standard zero lot line lot. Resolution 34, 1995, was approved in March of 1995 restricting several lots to sepecific models and setbacks. This is a request for a site plan amendment. Because the petition is for an amendment to a condition of approval, the request is considered a major site plan amendment. The site plan amendment request is reviewed by 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 for consideration of approval, approval with conditions or denial. The petitioner is requesting to amend condition 3 of the Resolution 34, 1995, stating " lots 41, 43, 45, 92, 94, and 96 shall be restricted to the Courtyard model ". The petitioner desires to have the option of either Courtyard or a modified Courtyard model for lots 41 & 43. The applicant has indicated that lots 41 & 43 are the last two remaining lots for Parcel M -24 known as the Canterbury. The size of the modified Courtyard model is 1,964 square feet and the Courtyard Model contains 1,988 square feet. The most significant modification is to allow a side entry instead of a front entry. The petitioner has indicated that 94 of the 116 homes in Canterbury have a side entry. At its June 23, 1998, the Site Plan and Appearance Review Committee reviewed this petition and recommended approval of this petition . OA RESOLUTION 78, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE SITE PLAN FOR PARCEL M -24 KNOWN AS CANTERBURY PUD LOCATED WITHIN PGA NATIONAL PCD BY AMENDING RESOLUTION 34,1995; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Parcel M -24, known as Canterbury PUD, is located within the PGA National Planned Community District (PCD), WHEREAS, the City Council approved the Canterbury PUD by Resolution 103, 1987, which was amended by Resolution 31,1994, Resolution 174, 1994 and Resolution 34, 1995 WHEREAS, the City has received an application from Jerry Lev, owner, to approve an amendment to condition 3 of Resolution 34, 1995 to exclude lots 41 & 4' ) from the Courtyard model restriction. Parcel M -24, Canterbury is located within the PGA National Planned Community District (PCD), and WHEREAS, the City's Growth Management Department has determined that approval of the amendment is consistent with the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves an amendment to the site plan approved for Parcel M -24 known as Canterbury PUD by eliminating lots 41 and 4' ) from condition 3 of Resolution 34, 1995, to exclude subject lots from the Courtyard model restriction. Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: August 25, 1995 Site Plan, Urban Design Studio, 1 Sheet Resolution 78, 1998 Page 1 Section 3. This Resolution shall be effective upon adoption INTRODUCF,D. PASSED AND ADOPTED THIS THE ATTEST: LINDA V. KOSIER mm VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK g: short-- 1'sp9gIO.re DAY OF JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 1998. c y c 5 c O i7 t Cho a c ro _ O O c �.c. IV n C� ° L Y C ev � v o -c b'E Y c o = b c L CL N •� � Le �'E$ 8 ' C � E � �' •c � ,c � � " ce CL c 80 o x E E„� � w g a U vE, 1, E E ZD -v • ._ c r �Cp c c «r c 2 v � O €c'c _ . . . . . . . . . . RESOLUTION 34, 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE SITE PLAN FOR CANTERBURY PUD LOCATED ON PARCEL M -24 OF THE PGA NATIONAL PCD, AS ORIGINALLY APPROVED BY RESOLUTION 174, 1994. WHEREAS, the City Council of the City of Palm Beach Gardens approved a new model home product on six lots of Parcel M -24 for the Canterbury PUD, located within the PGA National Planned Community District; and WHEREAS, City staff has reviewed said amendment and recommends approval 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 approves an amendment_`to The Canterbury Planned Unit Development, as approved by Resolution 174, 1994, located within the PGA National Planned Community District. Said amendment shall be done in conformance with the plans on file with the City's Planning and Zoning Department as follows: 1. February 22, 1995 Site Plan by Urban Design Studio. 1 Sheet. Section �. Approval for said amendment is based on the following conditions: 1. Lots 49 and 90 shall be restricted to the Ashley model only. 2. Lots 39 and 100 shall be restricted to either the Ashley or Brentwood model. In addition, these lots shall maintain a minimum 10 -foot side yard setback to the zero property lines. 3. Lots 41, 43, 45, 92, 94 and 96 shall be restricted to the Courtyard model only. 4. Lots 41, 43, 45, 92, 94 and 96 shall maintain a 10 -foot minimum rear yard setback and Lots 39, 49, 90 and 100 shall maintain a 9' -4' minimum rear yard setback. 5. The four corner lots shall maintain the following side corner setback: Lot 39 17.97" Lot 49 26.03' Lot 90 •27.97' Lot 100 16.03' 6. The subject lots (formerly Lots 39, 41, 43, 45, 47, 49, 90, 92, 94, 96, 98 and 100) shall be replatted to reflect the reconfiguration of the lot lines and the deletion of two lots prior to the issuance of any, building permits on Lots 39, 41, 43, 45, 49, 90, 92, 94 96 and 100. In addition, buildings on all referenced lots shall not encroach into the recorded 10 -foot utility easement. Section 3. This Resolution shall be effect've upon adoption. INTRODUCED, PASSED AND ADOPTED THIS rD F ,, 1995. ATTEST: LINDA V. KOSIER, CLKC, CITY CLERK BY: ti VOTE: MAYOR CLARK VICE MAYOR MONROE COUNCILMAN RUSSO $Y NAY v` t/ COUNCILMAN JABLIN k COUNCILWOMAN FURTADO APPROVED AS TO -FORM AND LEG SUFFICIENCY oo �2 THOMAS J. BAI , A RNEY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum SubjectlAgenda Item Date: July 16, 1998 Workshop /First reading for petition SP -97 -10 & CU- 98 -01, a request by Anthony E. Oliver, agent for Trinity United Methodist Church, for the approval of an amendment to the approved site plan and conditional use for Trinity United Methodist Church located at 9625 N. Military Trail. By amending the Site Plan, the petitioner is requesting to modify the shape of the driveway adjacent to the Chapel and eliminate a single story building. With this petition, the applicant is also requesting the site plan approval for a Multi- purpose Building, Choir Room, Memorial Garden and Main Sign. By amending the Conditional Use, the petitioner is requesting to modify the phasing plan, and a seven -year time extension for the completion of the project by amending condition 10 of Ordinance 2, 1992. With the Conditional Use petition, the applicant is also requesting to add 3,500 square feet to the facility. Recommendation /Motion: Staff recommends that Ordinance 15, 1998 b� approved with 3 conditions. Reviewed by: Originating Dept.: City Attorney Growth Management Finance NA ACM Human Res. NA Advertised: Other NA Date: Paper: Submitted by: [ ] Not Required Growth Management Director Affected parties Approved by: [ ] Notified City Manager [ ] Not required BACKGROUND: Costs: $ Council Action: Total $ [ ] Approved wi =wwom Current FY [ ] Denied Funding Source: [ ] Continued to: [ ] Operating Attachments: [ ] Other Ordinance 15, 1998 Site Plan Budget Acct #:: [ ] None The subject site is approximately 18.82 acres. The master plan for the Trinity United Methodist church was approved by Ordinance 2, 1992 and subsequently amended by Resolution 6, 1993 and Resolution 143, 1994. The approval was for 265,000 square feet of religious facility including a 2,400 seat sanctuary, a fellowship hall, day care and office space. The site is zoned as Residential Low Density -3 (RL -3) with a conditional use approval. Ordinance 2, 1992 granted rezoning, conditional use and master plan approval to the subject site. 1 Mayor and City Council Petition SP -97 -10 & CU -98 -01 The original traffic report required the project to achieve build out by the year 2000. Ordinance 2,1992 was amended by Resolution 6, 1993 providing for a reduction of the storage area, and subsequently amended by Resolution 143, 1994 to construct a portion of parking lot and a change to the phasing plan. The petitioner is requesting to modify the shape of the driveway adjacent to the Chapel. The petitioner is also proposing to eliminate a single story building and add a Memorial Garden, a Multi- purpose building a Main Sign and an addition to the Choir Room for a total of 3,500 square feet. The request is also for an amendment to the approved phasing plan and a seven -year time extension. Condition 10 of Ordinance 2, 1992 addresses the build -out date by incorporating the conditions and agreements contained in a letter dated February 4, 1992 from Oliver Glidden & Partners to Bristol Ellington which indicates a recognition of the requirement to "achieve build out by the year 2000." The petitioner is seeking to extend the build out date until the year 2007. City Attorney Carole Post has determined that the time extension request could be reviewed as part of this petition by amending the development order. Ms. Post has further indicated that this is an opportunity for the City to reexamine the entire ,:06pe of the project, and if necessary, modify the original conditions or impose new ones (see memo dated 9/19/97). At its May 12, 1998, the Site Plan and Appearance Review Committee reviewed this petition and expressed some concerns with regards to the length of time extension requested with this petition. The Committee indicated that granting a 7 -year time extension would set a precedent in the City and would cause a problem for other projects to receive traffic concurrency in the future. The petitioner has provided a letter from the Traffic Engineer stating that the approval of a build out year through 2007 for this project will not cause a problem for other projects seeking concurrency reservations. The City's Traffic Engineering Consultant Yvonne Ziel has reviewed the letter and concurs with its conclusions. It should also be noted that at the May 12, 1998 meeting, City Attorney David Acton, confirmed that granting a 7 -year time extension is only a prior example and not a legally binding precedent. In addition, a research conducted by staff regarding the time extensions granted in the past has demonstrated that several projects have received time extension for a long period of time, either in form of multiple request or with just one request. For example, the City Center project received a nine -year time extension with its PUD amendment. The Gardens Medical Center received several time extensions including a five -year time extension during its last amendment. :,. Assistant City Engineer Tammy Jacobs has reviewed the petition and has recommended approval with three conditions (see attached). At its June 9, 1998, the Planning and Zoning Commission voted 4 -2 for the Conditional Use and 6-0 for the amendment to the site plan to recommend approval of petition SP -97 -10 & CU -98 -01 with the following conditions: Prior to the issuance of first Building Permit, the applicant shall submit, for City Engineer review and approval, a Drainage Plan for Phase 5 parking lot improvements. 2 Mayor and City Council Petition SP -97 -10 & CU -98 -01 2. Prior to the issuance of first Building Permit, the Handicap Parking Detail shall be revised to show an overall length of 18' -6 ", the wheel stop dimension shall be revised from 2' -0" to 2' -6" and the sidewalk width shall be revised from 4' to 5'. 3. Prior to the issuance of first Building Permit, a stop sign and stop bar shall be added to the phase 5 one -way drive aisle intersecting the north -south internal drive aisle. Please note that the two dissenting members for the Conditional Use petition felt that the requested length of time extension was too long. 3 { M E M O R A N 0 U M WATTERSON, HYL.ANO S KL.ETT. P.A. To: PLANNING AND ZONING STAFF From: WATTERSON, HYLAND & KLETT, P.A. CAROLE WALLACE, ESQUIRE Subject: Trinity Church request for extension of build -out date Date: Septerber 19, 1997 History Petition SP 97 -10 involves, among other things, a request to extend the build out date for the Trinity United Methodist Church project. The master plan eras approved by adoption of Ordinance 2, 1992 which provided toning of the Trinity site as RS-3, a Conditional Use to pemnit the church and related uses on said site, approved the master site plan, the landscape plan, and a conceptual phasing plan, and provided conditions. Condition number 10 of ordinance 2, 1992 addresses the build -out date by incorporating the conditions and agreements contained in a letter dated February 4, 1992 from Oliver Glidden & Partners to Bristol Ellington, and a letter dated February 6, 1992 from Hanson Properties to Anthony E. Oliver. The February 6 letter has not been made available to me, therefore, I cannot determine whether its contents have any bearing on this matter. The February 4 letter indicates a recognition of the requirement to "achieve build out by the year 2000.' The letter is a response to a letter from Bristol Ellington dated January 30,1992, apparently `clarifying" this issue. n have not reviewed the January 30 letter). Likewise, a traffic .impact analysis for the subject site submitted in September 1991 'assumed that the development would be fully built out in the year 2000.' Trinity is seeking to extend the build out date until the year 2010. Trinity Church request for extension of build -out date September 18. 199 Page 2 Application of City Code Section 1 18 -46(c) governs the effective period of development orders, specifically time limitations. According to subsection (c)(5)(b), a nonresidential site plan 'shalt require the completion of the developments, in their entirety, as referenced in their traffic impact analysis.' Section 1 13-46(f) governs extensions of time limitations. It provides for a 90 -day administrative extension, and City Council review for more lengthy time extension requests. To seek a time extension in excess of 90 days, a petitioner must submit an application and fee, accompanied, at a minimum, by an updated traffic impact analysis' as Weil as a narrative addressing its "good faith' efforts and progress in the project. When it is applicable, staff may schedule the petitioner before the Planning and Zoning Commission. The Code offers no guidance as to what criteria establishes "when it is applicable'. Ultimately, the application shall proceed to City Council for final determination in a public hearing. The City Council may take one or more of the following actions: 1. Approve a time extension not to exceed two years. 2. Amend the development order. The City Council may require an amendment to an approved plan to comply, to the maximum extent possible, with current codes. 3. Revoke the development order and rezone the property to a zoning district consistent with the comprehensive plan. Obviously, a petition to extend a build -out date is submitted because a particular development is unable to complete construction within the predetermined build -out date. The Code appears to anticipate this situation in differing degrees. For example, the 90-day administrative extension may be granted for a project which has 'reached a point of substantial A new traffic impact analysis is required if the project generates 1.000 or more average daily trips. If not, the City Engineer shall recommend to Council whether an updated analysis is required. In this case, it is my understanding that the Petitioner has already prepared an updated traffic analysis. Tnnity Church request for extension of owld -out date September 13. 199 Pace 3 completion, but, however wilt not be completed prior to the expiration date of the development order". Likewise, a project which is under construction, but which will need more than 90 days to complete, may be granted a simple time extension, not to exceed two (2) years. Finally, there are those projects which Wit not be completed by build -out, even with the grant of a two (2) year time extension. For such a project to retain its development rights, the City requires an amendment to the development order. This is an opportunity for the City to reexamine the entire scope of the project, and if necessar1, modify the =nginai conditions or impose new ones. Presumably, this provision protects the City's interests in those situations where conditions of approval were imposed many years prior and were based upon circumstances and land regulations which may now be outdated or no longer applicable. Ultimately, if the City Council desires, and assuming the situation warrants, it may revoke the development order altogether. Clearly these provisions are intended to promote the development of projects within the agreed build -out time and to deter development projects from dragging out their completion. The Code does provide an alternative process to seeking a time extension pursuant to section 118 -46, although the procedure may be more burdensome, and the outcome no different. Essentially, a petitioner may affirmatively seek to amend its approved development order pursuant to section 118-44 ('Administrative amendments to approved development plans'). 8y proceeding pursuant to section 118.44, rather than 118 -46, the petitioner would subject itself to a review process required for a major site plan amendment (by triggering subsection 12 of 118 -44, a change to an approved development approval). Furthermore, a major site plan amendment is subject to the review requirements of 118 -43 which requires a recommendation by the Site Plan and Appearance Review Committee and a review and approval by the City Council. This process would also subject the petitioner to the imposition of modifications to or the addition of conditions of approval. Trinity Church request for extension of build -out date September 18. 1997 Page 4 Conclusion In this case, the Petitioners present build out date is 2000, leaving three (3) years to complete development. Apparently, however, the petitioner has commenced only a small portion of the project. Furthermore, the fad that the petitioner is seeking to extend its build -out date by ten (10) years indicates a long -term continuation of this project with no interim opportunity for the City to modify the original conditions or impose new ones as conditions or City Code provisions change Therefore, the City Council may grant a true time extension of only 2 years subject to the review criteria set forth in Section 11846(f)(2)3 of the Code. To obtain a build -out date which is later than 2002, the development order itself must be amended. Any consideration of such an amendment should also include review and possible amendment to the development order in other respects as well, so that it may be brought into compliance with current provisions of the City Code. If this process is not acceptable to the Petitioner, then it should withdraw, the request for a time extension. P :IGP"STORY\1090\23.DOC(319.059) DAHL, e►tO�v.`I�.G. FERRARIS MELL_ ,>wt, - CvSt.L' *.:. ;1%Q- 4ja.A3. 3• *V! ;Ai % •4aaoe=S MEMORANDUM TO: `tarry Nwbnar FROM: Tax --my Jacobs DATE: Airy 5, 1995 SUBJECT: Triniry United Methodist Church (491 -1057) We have reviewtd :he Ma3tcr Plaa, sheet A -1. Phasing Plan, sheet Al -P, and enlarge; Site Plan sheet SP -1, prepared by Oliver, Glidden & Partners received May 5, 1958, We offer the following aomrMUS, 1) Caaditionally Satisfied. As a condition of construction plar approvsl, the applicant shall submit, for City review and aporoval, a d:alrtage plan for Phase S parking lot improvements 2) Satisfied. The two handicap spaces located at the southwest comer of Phase S have been revised to 12' x 18.5'. 3) Satisfied. Wheel stops have beer, added to all handicap spaces adjoining a sidewalk to prevent vehicular encroachment into a pedestrian walkway. 4) ConditionaUy Satisfied - The applicant leas provided a detail of the handicap parking spaces. However, the detail dimensions are shown incorrectly and do not thatch the site plan. As a condition of construction plan approval, the Handicap Parking Detan ;hall be revised to show an overall length of 1814', the wheel stop dimension shall be revised from 2' -0" to 2'-6" ad the side%-Ak width shall be revised from 4' to 5'. 5) Satisfied. A north arrow and sale have been added to sheet SP -1. 6) Satisfied. Tree symbols have beet removed from sheets A -1 and Al -P improving the clarity of the proposed plan. 7) Satisfied. The applicant has provided a useful "Parking Count" table showing the existing spaces, proposed spaces and total spaces at the completion of each phase- vC:sro:rtcr Rclx 72: 1L.PiT19.:i.GF1nn 1.14a+ -OT1: TS 3 p;.o1YCR � ruts 5(3uu•,.LC:3, 3UtLr)1+v; s)oo, U-11'1 104 rA%ObI) 946.02'3 . wEiTrALM4L%C!- wnse. ssvNtT FJRrnutCt o e,HOSi r Trinity United Methodist Church Page 3 Project Na. 9 1- 1057 3) CoadldOuaft Satratied. A stop sign and stop bar has been added to the Flsaaa 3 qWas kne inteerxc Gardenia Drive and a Vo Not Enter' sign has beea added to the ore -way drift aisle. However, as a condition of conatruct'son plan approval. a stop sign and stop bar shad be added to the Phase S one -way drive aisle intersecting the north - south, internal drive aisle. We have no Amher engineeriatg oo Mns and are able to recommend site plan spproval for the Ildlti- purpose Building. Chair Room and Menlo: ial Gudems. T1 P:Nfb$moMd%1037i c: Greg Dunham Roxanne Manning 0 v. EXISTING ZONING AND LAND USE DESIGNATIONS & SITE ANALYSIS PETITION SP -97 -10 EXISTING USE Subject Property Religious Facility North, South &west Ballenisles Planned Community District East Single Family Neighborhood ZONING Residential Low Density -3 District (RL -3) Planned Community District (PCD) Residential Low Density -3' (RL -3) LAND USE Residential Low (RL) Residential Low &Medium (RLL &RM) CONSISTENCY WITH CITY CODE Residential Low (RLL) Consistent l Code Requirement Proposed Plan Yes RL -3 Residential Low Church Yes Density -31 Conditional Use 108 feet Yes Max. Lot Coverage (35 %) 26.3% Yes Max. Building Height (36 ft.) IT-3" Yes Parking Red. (600 spaces) 757 spaces Yes Building Setbacks Yes Front -30 feet 108 feet Yes Side -10 feet 25 feet Yes Rear -10 feet 60 feet Yes Side facing street -20 feet 20 feet Open Space (35 %) 43.4% ORDINANCE 15, 1998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AMENDMENTS TO ORDINANCE 2,1992, IN ORDER TO AMEND THE SITE PLAN AND CONDITIONAL USE FOR A RELIGIOUS FACILITY FOR TRINITY UNITED METHODIST CHURCH LOCATED AT 9625 NORTH MILITARY TRAIL BY MODIFYING THE SHAPE OF A DRIVEWAY, BY DELETING A SINGLE STORY BUILDING, AND BY ADDING A MEMORIAL GARDEN, A MULTI- PURPOSE BUILDING AND A MAIN SIGN; IN ORDER TO AMEND THE CONDITIONAL USE APPROVAL BY MODIFYING THE PHASING PLAN, BY GRANTING A 7- YEAR TIME EXTENSION AND BY ALLOWING 3,500 SQUARE FEET OF SPACE TO BE ADDED TO THE RELIGIOUS FACILITY; PROVIDING FOR RATIFICATION OF RESOLUTION 6, 1993 AND RESOLUTION 143, 1994 IN ORDER TO AMEND THE CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance 2, 1992, approving rezoning, a conditional use, and the site plan for Trinity United Methodist Church, located at 9625 North Military Trail; WHEREAS, the City Council adopted Resolution 6, 1993 and Resolution 143, 1994 with the intention of amending Ordinance 2, 1992, by amending the site plan; WHEREAS, the City's Growth Management Department has received and reviewed an application from Trinity United Methodist Church to amend Ordinance 2, 1992 in order to amend the site plan by modifying the shape of the driveway adjacent to the Chapel, by deleting a single story building, and by adding a memorial garden, a multi purpose building, and a main sign; WHEREAS, the application also seeks to amend Ordinance 2, 1992, in order to amend the conditional use by modifying the phasing plan, by granting a 7 -year extension on the time to complete construction, and by allowing 3,500 square feet of space to be added to the religious facility; WHEREAS, the City's Growth Management Department is recommending approval of the amendments to Ordinance 2, 1992; subject to conditions of approval; and WHEREAS, the City's Growth Management Department has determined that such amendments are 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 an amendment to Ordinance 2, 1992 in order to amend the site plan by modifying the shape of the driveway adjacent to the Chapel, by deleting a single story building, and by adding a memorial garden, a multi purpose building and a main sign. And in order to amend the conditional use by modifying the phasing plan, by granting a seven -year time extension (until December 31, 2007), to complete construction, and by allowing 3,500 square feet of space to be added to the religious facility. Section 2. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: 1. April 29, 1998 Master Plan, Oliver.Glidden & Partners, Architects & Planners Inc., Sheet A -l. 2. April 29, 1998 Phasing Plan, Oliver.Glidden & Partners, Architects & Planners Inc., Sheet A -1 P. 3. April 29, 1998 Multi Purpose building site plan, Oliver.Glidden & Partners, Architects & Planners Inc., Sheet SP -1. 4. February 23, 1998, Floor Plan & Elevations, Oliver.Glidden & Partners, Architects & Planners Inc., Sheet CA -1. 5. February 23, 1998, Multi- Purpose Building,Oliver.Glidden & Partners, Architects & Planners Inc., Sheet MP -l. 6. March 24, 1998 Building & Memorial Garden Landscape, Oliver.Glidden & Partners, Architects & Planners Inc., Sheet LA1. Section 3. The provision of Resolution 6, 1993 and of Resolution 143, 1994 are hereby incorporated as though fully set forth in this Ordinance and are ratified, nunc pro tunc. Ordinance 15,1998 Page 2 Section 4. Section 2 of Ordinance 2, 1992 is hereby amended to add the following conditions: (1) Prior to the issuance of the first Building Permit for any new building on the site, the applicant shall submit, for City Engineer review and approval, a drainage Plan for Phase 5 parking lot improvements. (2) Prior to the issuance of first Building Permit, the Handicap Parking Detail shall be revised to show an overall length of 18' -6 ", the wheel stop dimension shall be revised from 2' -0" to 2' -6" and the sidewalk width shall be revised on all plans to show an increase in width from 4' to 5'. (3) Prior to the issuance of the first Building Permit, a stop sign and stop bar shall be added on all plans to the phase 5 one -way drive aisle intersecting the north -south internal drive aisle. 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 THE DAY OF JOSEPH RUSSO, MAYOR , 1998. COUNCILMAN CARL SABATELLO VICE MAYOR LAUREN FURTADO COUNCILMAN ERIC JABLIN COUNCILMAN DAVID CLARK Ordinance 15,1998 Page 3 ATTEST: LINDA V. KOSIER BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK Ordinance 15, 1998 Page 4 G:\SHORTR—I\SP9710.RES APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT �--LL )1j �� I I�! I I I I I �• Ili � - '..+..�.�- •� ;Y.rias I 'II 111'1111 I Ali=• _ _,� -1=, �' �� �: _', - ' ;� _ � _ ,Z-1' b 91 �,- 4 i�' iii ii•+ ii ILI _ a i P N Ho i rJ19 —r7�i i • i t after- Gsddee a rerbers me OA e►f • On M ft-ft sms,