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Home My WebLink AboutAgenda Council Agenda 011708 City of Palm Beach Gardens Council Agenda January 17, 2008 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Jablin Vice Mayor Levy Council Member Valeche Council Member Barnett CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 17, 2008 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: a. Presentation of a check in the amount of $23,500.00 to the Veterans Affairs Medical Center from the Veterans Day Golf Tournament. V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: a. Update on Roan Avenue Value Hotel. b. Update on lighting requirements used in new developments. VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5) Arbor Day Proclamation. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 6, Resolution on Page 29) Resolution 4, 2008 - Signage program for the Palm Beach Gardens Medical Pavilion. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the signage program for the Palm Beach Gardens Medical Pavilion, located at the Northwest corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing conditions of approval; providing waivers; and providing an effective date. b. (Staff Report on Page 36, Resolution on Page 54) Resolution 5, 2008 - Signage program for the PGA Financial Center Building. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the signage program for the PGA Financial Center Building located at the Northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing waivers; providing conditions of approvals; and providing an effective date. Part II – Non-Quasi-judicial a. (Staff Report on Page 60, Resolution on Page 62) Resolution 8, 2008 – Gardens Pointe Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Gardens Pointe Replat; and providing an effective date. X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. (Staff Report on Page 68, Resolution on Page 79) Resolution 10, 2008 - Florida League of Cities Key Priority Issues. A Resolution of the City Council of the City of Palm Beach Gardens, Florida urging members of the Florida Legislature to support the following issues during the 2008 Legislative Session; and providing an effective date. XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. e *- Arbor Day warjht o d with the &anting of I P .t beamt@pr Community; "p"d r are planted are a smhe MM sad spirituat 1 urge all citizens to celebmte AMr I/UY and to attdnvood&; adfirther, ,L urge all citizens to pmmote &e well-being of this dfiture cations. Patricia hider, - WC, City Clerk IN WYZfWiS IpliEEREoF, I have hereunto &my hand and caused the seal of the City of Palm Beach Wens, Florida, to be aflxed on this I? day of muary in the Pear 3)uo lhousd and Eight. r P Mayor Joseph R Ricsso '* *r CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 6,2007 Meeting Date: January 17,2008 SubiectlAnenda Item: Resolution 4,2008 - Gardens Medical Pavilion Signage Consideration of Approval: A request by Cotleur & Hearing, Inc., agent, on behalf of Gardens Medical Pavilion, LLC, for approval to allow a principal tenant sign for the University of Miami to be located above the second floor line of the south elevation and to allow a principal structure sign for the Palm Beach Cancer Institute to be relocated to the top level of the north elevation. The Gardens Medical Pavilion is located at the northwest corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI). [ X ] Recommend APPROVAL of Principal Structure Sign on North Elevation City Attorney: .& Development Compliance: h Bahareh K. Wolfs, AlCP I Growth$anagement Admin ator: L I Kara Irwin, AlCP I Approved By: I RoGld d FLris LL of Principal Ter Originating Dept.: Growth Management: Project Planner [ X ] Quasi-Judicial [ ] Legislative [ ] Public Hearing Advertised: No Date: Paper: [XI Not Required Public Notice: +X ] Not required [ 1 Yes nt Sign on South Finance Dept.: Senior Accountant: Tresha Thomas Fees Paid: [dyes Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA I eva t i o n City Council Action: [ ] Approved [ ] Approved with Conditions [ ] Denied [ X ] Continued at 1014107 meeting Attachments: Resolution 4, 2008 Applicant's Request wIExisting & Proposed Elevations Location Map Resolution1 72, 2004 Resolution 16, 1995 Resolution 134, 1993 Date Prepared: December 6,2007 Meeting Date: January 17,2008 Resolution 4,2008 EXECUTIVE SUMMARY This petition was reviewed by the City Council at its meeting of October 4,2007. The item was continued, and the applicant was directed to meet with Councilman David Levy and staff to discuss alternatives. The applicant has since revised the request and is now proposing that the sign copy “Palm Beach Cancer Institute” be displayed on the top levels of both the south and north elevations of the building as the principal structure signage. It is also proposed that the sign copy “University of Miami” be displayed on the third level of the south elevation as a principal tenant sign. This request requires approval of waivers to allow the additional principal tenant sign on the south elevation (“University of Miami”) and to allow the sign to be located above the second floor line. A waiver will also be required for the principal structure sign (“Palm Beach Cancer Institute”) to be displayed above the second floor line (on the top level) of the north elevation. After reviewing the petition at a meeting on June 26, 2007, the Planning, Zoning, and Appeals Board voted 7-0 to recommend denial of any additional signs for the building. At that time, the applicant was proposing the display of four different principal tenant signs on four different elevations. Staff has no objection to the relocation of the principal structure sign for Palm Beach Cancer Institute on the top level of the north elevation, which faces the parking lot and Kyoto Gardens Drive. However, staff does not support the display of the additional University of Miami principal tenant sign on the south elevation. BACKGROUND On November 4,1993, the City Council adopted Resolution 134,1993, which approved the Planned Unit Development (PUD) and allowed the site to be developed as a professional medical office building originally known as the Good SamaritanEt. Mary’s Health Care Pavilion. The site is located within the Regional Center Planned Community Development. On March 16, 2995, the City Council adopted Resolution 16, 1995, which approved two building identification signs with identical sign copy. One sign was approved for the third level of the southeast elevation and one was also approved for the porte-cochere on the northwest elevation. On September 14,2004, the City Council adopted Resolution 172,2004, which approved the relocation of the building identification sign to the top level of the southeast building elevation. The sign copy was also changed to reflect the new building identification name, “Palm Beach Gardens Medical Pavilion.” A condition of approval required the removal of the existing sign on the third level of the south elevation prior to issuance of a building permit for the new sign location on the top level. The sign on the north elevation was also changed to match the new building identification name. 2 Date Prepared: December 6,2007 Meeting Date: January 17,2008 Resolution 4,2008 City Code Section 78-285, Table 24: Principal Structure or Principal Tenant Wall Sign Section 78-285, Table 24: Principal Structure or Principal Tenant Wall Sign LAND USE AND ZONING Allowed 1 sign for a parcel with at least 100 linear feet of R.O.W. Signs shall not be located above 2nd floor line This site within the Regional Center DRI has a future land-use designation of Professional Office (PO). The zoning designation is Planned Community District Overlay (PCD) with an underlying zoning of Planned Unit Development (PUD)/Professional Office (PO). principal tenant sign above 2nd floor line on south elevation Palm Beach Cancer Institute building identification sign above 2nd floor line on north elevation REQUEST additional principal tenant signs to be displayed above the 2”d floor lines on south & north elevations Section 78-285, Table 24, Permanent Signs, of the Land Development Regulations, allows only one principal structure or principal tenant sign per parcel. This building has previous approvals for two such signs. One sign is located on the top level of the south elevation facing PGA Boulevard, and the other is currently located on the porte-cochere on the north elevation. With this current request, the applicant is proposing that the copy of both signs be changed to “Palm Beach Cancer Institute” and that the sign on the porte-cochere be relocated to the top level of the north elevation. Both 24-inch high signs will have black lettering that appears white at night. A waiver was previously granted to allow the sign on the south elevation to be displayed on the top level of the south elevation facing PGA Boulevard. A waiver was previously granted to allow the second principal structure sign on the porte-cochere on the north elevation. With this application, the applicant is requesting an additional waiver to allow this sign to be relocated to the top level of the north building elevation building. The request also includes one additional 18-inch tall principal tenant sign to be displayed on the south building elevation with the copy “University of Miami.” This sign will also have black lettering that appears white at night. The sign is proposed to be located two stories below the “Palm Beach Cancer Institute” sign. The sign originally approved for the south elevation was at this same location, but it was required to be removed prior to issuing a building permit to display a sign on the top elevation. Waivers Requested Proposed University of Miami principal tenant sign on the south elevation facing PGA Boulevard, for a total of 3 building identification/principal Waiver Requested To allow one (1) additional principal tenant sign on the south elevation tenant signs University of Miami I To allow two (2) Staff Recommends (1 ) Denial (1) Denial of University of Miami sign above 2nd floor line on south elevation (2) Approval of Palm Beach Cancer Institute sign above Pd floor line on north elevation 3 Date Prepared: December 6,2007 Meeting Date: January 17,2008 Resolution 4,2008 Staff Analysis: (1) Section 78-285 of the City’s Land Development Regulations (LDR) allows the display of only one principal structure/principal tenant wall sign per building. The intent of this provision is to allow signage with which to identify and locate a building. Additional tenant signs are allowed only for ground floor users with individual entrances for each tenant space or bay, such as those found at the Oaks Center on Burns Road or in one-story retail shopping centers. To permit several tenants to have signage when there are no individual entrances would constitute a form of billboard-type advertising. There would also be confusion as to the proper identification of the building, and no means of “way-finding” to the building would be provided. The Gardens Medical Pavilion already has two existing building identification signs with the same copy on the north and south elevations. The current sign located on the top level of the south elevation was approved by City Council on condition that the existing sign located on the third level be removed prior to displaying the new sign on the faqade at the top of the building. This is indicative of Council’s desire to have not more than one building identification or principal tenant sign displayed at the same time on the south elevation. When adequately justified, staff has no objection to more than one building identification sign, provided the signs are displayed on different elevations and have the same name. However, it is staffs professional opinion that this request for two different principal tenant signs on the same south elevation would not meet the intent of the City’s LDR regarding building identification or principal tenant signage. Section 78-221 , PGA Boulevard corridor overlay, Land Development Regulations, states it is the City’s desire to create a special character and aesthetic quality for this corridor and to also preserve and enhance its existing visual character. It is staffs professional opinion that additional signage on existing buildings would be detrimental to these goals. Staff does not support this request for additional tenant signage on the south elevation of this building. (2) The current building identification sign on the porte-cochere of the north elevation is not readily visible from Kyoto Gardens Boulevard. It would benefit the public if the sign were relocated to the top level so that it is more readily visible from the northern parking lot, as well as the public roadway. Staff has no objection to this waiver request. PLANNING, ZONING, AND APPEALS BOARD COMMENTS The Planning, Zoning, and Appeals Board reviewed the subject petition at a public meeting on June 26,2007. At that time, the applicant was requesting four different tenant signs on four elevations. The Board voted 7-0 to recommend DENIAL to the City Council, with the following comments: 4 Date Prepared: December 6,2007 Meeting Date: January 17,2008 Resolution 4, 2008 1. The applicant should choose only one name as the building identification sign, and four different names on the building were too many. 2. The name “PBOI” could stand for any number of names, and it did not provide proper building identification. 3. Only two building identification signs should be displayed in the locations originally approved by the City Council (on the north and south elevations). 4. The Board expressed opposition to additional signage and contended that “less is more.” 5. Allowing additional signage on office buildings is not the direction to go, and that multiple signs on offices buildings are confusing as to the proper identification of the building. CITY COUNCIL COMMENTS The City Council discussed the petition at its meeting of October 4, 2007. The majority of the members opposed additional signage on the building and commented that too many signs would create a billboard effect. It was also pointed out that the sign code should be amended if it is found to be too restrictive. However, waivers should not be allowed in order to circumvent the current code. The Council postponed a decision and directed the applicant to meet with Councilman David Levy and staff to discuss signage alternatives. A meeting was held on November 1, 2007; and on November 14, 2007, the applicant submitted a revised request as outlined in this report. STAFF RECOMMENDATION Staff has no objection to the relocation of a previously approved building identification sign from the porte-cochere to the top level of the north building elevation. However, staff does not support the display of an additional principal tenant sign on the south elevation. Staff feels that this recommendation properly identifies the building and indexes the surrounding environment while preserving and enhancing the quality and character of the City’s appearance. There would be no conflicts between principal and tenant uses of the building. Furthermore, it avoids visual clutter that may be potentially harmful to traffic, pedestrians, and community appearance. JHlCase FileslGardens Medical PavilionlMISC-07-04-000028 Signage W aiverslStaff report City Council (2”“ mtg).doc 5 Cotleur & Hearing e Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane . Suite 1 . Jupiter, Florida 33458 . Ph 561.747.6336 - Fax 561.747.1377 . Lic.#LC-C000239 November 14,2007 Ms. Jackie Holloman City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 334 3-4698 Re: MISC-07-04-28 Gardens Medical Pavilion Signage Dear Ms. Holloman: This correspondence is a follow up to the October 4'h, 2007 City Council meeting. During the meeting, Councilmen Levy had some recommendations and the Council agreed to postpone the petition to allow the applicant to meet with Councilmen David Levy and to submit a revised compromise. The applicant met with Councilmen Levy on November Is', 2007 at the City. As a result of the meeting the application proposes the following: 1. The applicant is proposing two (2) building identification signs. The building identification signs are proposed on the south and north elevations facing PGA Boulevard and Kyoto Gardens respectively. Both of these signs will read "Palm Beach Cancer Institute". The signs will be 24- inches in letter height and will be located above the fourth floor. 2. The applicant is proposing to have one (1) principle tenant sign on the south elevation. The sign will read "University of Miami". The sign will be smaller then the building identification sign at 18-inches in letter height and will be located above the second floor. The University of Miami is a highly regarded tenant. The University Of Miami Miller School Of Medicine has opened and anticipated expanding their internal medicine practice in this location. On behalf of the applicant, we believe it is in the public's interest to promote this world class institution. Thank you for your time and consideration. Please find enclosed with this correspondence 17 sets of revised plans for distribution. Should you have any questions please do not hesitate to contact me. Sincerely, Donaldson Hearing, ALSA Cotleur & Hearing, Inc. .. .k' , 4 0 VI (n 6 F 7 $ 6 rn A 0 I 0 C v, 2 0 0 Q, w '1' 0 z I- rn 73 A 0 73 0 v) m 0 G-! 0 z m e s A z =i I I- P Z I- i rn A 0 X F E C z C z v) 0 A a -i C m rn - z v) i -r z 0 v) C P B 3 P z -I 0 2 rn 0 % R -i C 2J z v) d P -i 0 5 rn R -I c A z B P F 0 X z F r A N 2 a h) 0 < Q1 0 0 0 0 c 2 P i;;j rn 0 z v) 5 E rn A "! C z --I C m F rn D D A < E rn rn z I- 2 F 0 0 0 z v, -I A C 9 5 e ; z rn z 0 e z B v) 0 9 p rn ;D rn .m z r g7 0 5 z 0 (n 0 z 0 e rn -1 w P A rn rn m I- 3 n h m < -I I A C z v) c F : rn 0 n 0 & Iu ca 0 -4 Palm Beach Gardens Medial PaviXion S 0 c, m u 0 I a- 1 2 uaie rreparea: August 4, mu4 RESOLUTION 172,2004 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) WHEREAS, the Growth Management Department has reviewed said application Overlay and has a future land use designation of Professional Office (PO); and and has determined that it is sufficient; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 45 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING TWO WAIVERS FROM SECTION 78-285, CODE OF ORDINANCES ENTITLES “PERMITTED SIGNS,” TO ALLOW THE INSTALLATION OF A 234 SQUARE-FOOT PRINCIPAL TENANT SIGN ON THE THIRD FLOOR OF THE SOUTH ELEVATION AT THE PALM BEACH GARDENS MEDICAL PAVILION, WHICH IS LOCATED WITHIN THE REGIONAL CENTER PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR TWO WAIVERS; PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4,1993, the City Council approved Resolution 134,1993, thereby approving the site plan for the Good SamaritanlSt. Mary’s Health Care Pavilion Parcel; and WHEREAS, the City has received a miscellaneous application (MISC-04-35) from Jonathan Field of the Palm Beach Gardens Medical Pavilion for approval of two waivers from City Code Section 78-285, Permitted Signs, to permit the installation of a 234 square- foot principal tenant sign on the third floor of the south elevation at the Palm Beach Gardens Medical Pavilion, which is located approximately ’/2 of a mile west from the intersection of PGA Boulevard and Alternate A1 A, as more particularly described herein; and CITY OF PALM BCH GDNS I Date Prepared: August 4, 2004 Resolution 172,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. The miscellaneous application from Jonathan Field of the Palm Beach Gardens Medical Pavilion is hereby APPROVED on the following described real property to permit the installation of a 234 square-foot principal tenant sign on the third floor of the south elevation at the Palm Beach Gardens Medical Pavilion, subject to the condition of approval contained herein, which is in addition to the general requirements otherwise provided by ordinance or Resolution 134, 1993: LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 6; THENCE NORTH 88’45’08” WEST, ALONG THE SOUTH LINE OF THENCE NORTH 01’14’52” EAST, A DISTANCE OF 43.86 FEET TO A POINT ON THE RECORDS BOOK 4442, PAGE 856, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE PROCEED NORTH 03’36’10” WEST, A DISTANCE OF 419.67 FEET; THENCE NORTH 56’23’50’’ EAST, A DISTANCE OF 313.54 FEET TO A AS RECORDED IN OFFICIAL RECORDS BOOK 5072, PAGE 354, OF THE PUBLIC WAY LINE, SOUTH 30’19’43” EAST, A DISTANCE OF 116.61 FEET; THENCE SOUTH 28’44’15” EAST, A DISTANCE OF 180.07 FEET; THENCE SOUTH 30’19’43” EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 465.87 FEET AND A RADIAL BEARING OF SOUTH 59’40’17” WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31’44’44”, A DISTANCE OF 258.12 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01’25’01” WEST, A DISTANCE OF 22.16 FEET; THENCE SOUTH 46OI9’57” WEST, A DISTANCE OF 56.48 FEET TO A POINT ON SAID NORTHWEST ONE-QUARTER OF SECTION 6, A DISTANCE OF 478.30 FEET; NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD, AS RECORDED IN OFFICIAL POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FAIRCHILD GARDENS AVENUE, RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF- THE NORTH RIGHT-OF-WAY LINE OF THE AFORESAID PGA BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 88’45’08” WEST, A DISTANCE OF 16.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2934.79 FEET AND A RADIAL BEARING OF SOUTH 01’14’52” WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’39’09”;‘A DISTANCE OF 391.98 FEET TO THE POINT OF BEG INN1 NG. Date Prepared: August 4 ~ 2004 Resolution 172, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. Said approval is subject to the following condition, which shall be binding on the applicant, its successors, or assigns: 1. The applicant shall remove the existing building sign on the south elevation prior to building permit approval of the third floor principal tenant sign. (Planning 8, Zoning) SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. Section 78-285, Permitted Signs, to allow for principal tenant sign on the third floor of the south elevation. 2. Section 78-265, Permitted Signs, to allow for a 234 square-foot principal tenant sign. SECTION 5. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Date Prepared: August 4,2004 PASSED AND ADOPTED this / 7 ?day of .5O?Gjw&m ,2004. CITY OF Pv GARDENS, FLORIDA 1 2 3 4 5 6 7 8 9 10 ATTEST: 11 13 l2 BY: 1 14 Patricia Snider, City Clerk 15 16 17 18 LEGAL SUFFICIENCY 19 APPROVED AS TO FORM AND 20 21 BY 2 22 hristine P. Tatum, City Attorney 23 24 25 26 VOTE: 27 28 MAYOR JABLIN 29 30 VICE MAYOR RUSSO 31 32 COUNCILMEMBER DELGADO 33 34 COUNCILMEMBER LEVY 35 36 37 38 39 40 41 42 43 44 45 46 G:\attorney-share\RESOLUTlONS~bg medical pavilion - sign waivers - reso 172 2004.doc -- AYE NAY ABSENT RESOLUTION 16, 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING THE GOOD SAMARITAN/ST.MARY'S HEALTH CARE PAVILION (FORMERLY GOOD SAMARITAN) RESOLUTION 134, 1993, BY APPROVING AN OVERALL SIGN PACKAGE. PARCEL AS APPROVED BY WHEREAS, the City Council of the City of Palm Beach Gardens has approved the Good Samaritan/St. Mary's Health Care Pavilion Parcel by Resolution 134, 1993; and WHEREAS, signage for the Good Samaritan/St. Mary's Health Care Pavilion Parcel was to be approved by subsequent resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves an amendment to the Good Samaritan/St. Mary's Health Care Pavilion (formerly Good Samaritan) Parcel Development by approving an overall sign package in conformance with plans on file in the City's Planning and Zoning Department as follows: 1. March 6, 1995 Good Samaritan & St. Mary's Health Care Pavilion Southeast Elevation Wall-Mounted Sign Plan by Signcraft. 1 Sheet. 2. June 15, 1994 Good Samaritan & St. Mary's Health Care Pavilion Northwest Elevation Wall-Mounted Sign Plan by Signcraft. 1 Sheet. 1 Sheet. 3. December 20, 1994 Lettering Details Plan by Signcraft. Section 2. This Resolution sha INTRODUCED, PASSED AND ADOPTED THIS ATTEST: LINDA V. KOSIER, CMC, CITY CLERK A BY: I October 26, 1993 October 14, 1993 November 2, 1993 November4, 1993 RESOLUTION 134, 1993 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT FOR CONSTRUCT OF A PROFESSIONAL MEDICAL OFFICE BUILDING FOR GOOD SAMARITAN MEDICAL CENTER WITHIN THE REGIONAL CENTER PLANNED COMMUNITY DISTRICT ON CERTAIN LANDS LOCATED WITHIN THE CITY OF PALM BEACH GARDENS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT llAfl ATTACHED HERETO AND MADE PART HEREOF; SAID LRNDS DESCRIBED THEREIN SHALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND OTHER PLANS AS SET FORTH IN THIS RESOLUTION ; PROVIDING ADDITIONAL SPECIFICATIONS, REQUIREMENTS AND CONDITIONS TO BE COMPLIED WITH BY PETITIONER; SETTING FORTH REQUIREMENTS TO BE MET BY THE PETITIONER INCLUDING POSTING OF A PERFORMANCE BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR TIME OF COMMENCEMENT FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. i 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, does hereby create a Planned Unit Development for construction of a professional Medical office Building for Good Samaritan Medical Center within the Regional Center Planned Community District an certain lands located within the City of Palm Beach Gardens and more particularly described in Exhibit "Att attached hereto and made a part hereof. Section 2. Development under this Planned Unit Development shall be in accordance with and subject to the Site Plan and other plans as follows: 1. Site Plan dated September 29, 1993, prepared by Lidberg Land Surveying, Inc. consisting of one (1) sheet. 2. Garage Floor Plan dated September 8, 1993, prepared by Catalfumo and Architectural Design Associates. Sheet 1 of 4. 3. First Floor Plan dated September 8, 1993, prepared by Catalfumo and Architectural Design Associates. Sheet 2 of 4. 4. Northwest and Southeast Elevations September 8, 1993, prepared by Catalfumo and Architectural Design Associates. 3 Of 4. Sheet 5. North and West Elevations dated September 8, 1993, prepared by Catalfumo and Architectural Design Associates. Sheet 4 of 4. 6. Landscape Plan dated October 4, 1993, prepared by Blakely and Associates. Sheet 1 of 5. prepared by Blakely and Associates. Sheet 2 of 5. 7. Entrance Road Landscape Plan dated August 29, 1993, 8. Northwest and Southeast Building Elevation with Landscaping dated October 29, 1993, prepared by Blakely and Associates, Catalfumo and Architectural Design Associates. Sheer; 3 Of 5. 9. West and North Building Elevation with Landscaping dated September 19, 1993, prepared by Blakley and Associates, Catalfumo Architectural Design Associates. Sheet 4 of 5. 10. Landscaping Planting Notes and Details dated September 30, 1993, prepared by Blakley and Associates. Sheet 5 of 5. Section 3. Petitioner shall be subject to and shall comply with the following additional specifications, requirements and conditions: 1. The use of groundwater (wells) for irrigation is to be a 24-month temporary source after the issuance of a Certificate of Occupancy, with water quality monitoring, with a two (2) year extension for good good cause shown. An area distribution plan shall be developed by NPBCWCD to provide surface water sources (lakes) for irrigation as a permanent source. - 2. The construction of Southwest Drive to the project's entrance and the northlsouth access drive shall be completed, landscaped, irrigated and open to the public prior to the issuance of the Certificate of occupancy. 3. Prior to clearing or construction, trees or native areas designated for preservation shall be tagged or roped- off. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.50 (Tree Protection) paragraphs 0, C, and D shall also be enforced during construction. 4. All tree protection and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, and all landscaping work, and any work that affects the outcome of the approved landscape plans. the city prior to any modifications to the approved landscape plan. during construction or because of construction practices shall be replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimum 10" height. Shrubs shall be replaced with like specie one €or one with a minimum 30" height. If the site cannot support the total number of replacement trees as required above, the City Council may permit the developer to donate excess trees to the City for planting on public lands. The Landscape Architect of Record shall notify 5. All trees or plants designed for preservation that die 6. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the Planning and Zoning Commission andfor City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. City Forester, the City Building Department shall be notified. Once compliance has been confirmed by the 7. The irrigation and maintenance of Southwest Drive and -3- .- 8. 10. 11. the north/south access drive shall be the responsibility of the developer of this project or by a property owner's association for the Regional Center DRI. All vehicles parked in the southwest and southeast parking areas shall be 100% screened within 5 feet above ground anywhere along the PGA Boulevard Right-of-way. There shall be no mobile facilities associated with any of the approved uses on the subject site. There shall be no roof mounted satellite dishes or antenna allowed on the subject building unless they are enclosed within the roof elevator and/or utility housings. All ground-level satellite dishes and antennae shall be completely screened from the perimeter of the subject property. Section 4. Within three (3) years from the effective date of this Resolution, the petitioner shall provide the City with a performance bond, letter of credit or escrow agreement in a form approved by the City in a sum of money prescribed by the City and shall be posted within the City of Palm Beach Gardens to assure the completion of the infrastructure including on-site roadways, drainage and utility improvements required for the Planned Unit Development and common and project landscaping/buffer and entry feature. From time to time as improvements are completed and approved by the City, the amount of the performance bond, letter of credit or escrow agreement shall be reduced by a proportionate amount. Upon completion of all on-site roadway, drainage and utility improvements required for the Planned Unit Development, the City shall release said performance bond, letter of credit or escrow agreement. Section 5. Tha development of the Planned Unit Development shall be completed within three (3) years from the effective date -4 - hereof; provided, however, Petitioner may obtain an extension of one (1) additional year to commence the first phase for good cause shown by approval by subsequent Resolution without necessity of advertisement or public hearing. If Petitioner fails to commence development as required, the Planned Unit Development shall remain until such time as the Petitioner secures renewal or amendment of development, which renewal or amendment shall be in the discretion of the City Council. All impact fees in place at the time of the ' first building permit shall be paid at that time. Section 6. Modifications to the Planned Unit Development that are determined to be minor by the City Council may be approved by subsequent Resolutions without the necessity of review by the Planning and Zoning Commission, advertisement or public hearing. Section 7. All references to Petitioner and/or Developer, together with all requirements of this Resolution shall apply to and be binding upon the successors and assigns. Section 8. No Building Permit for the Planned Unit Development shall be issued until the drainage and paving plans shall be approved by the City Engineer and all other building requirements of the City of Palm Beach Gardens Code and requirements of other governmental agencies, if necessary, shall be met. Section 9. Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Development, shall deliver to the City a Unity of control or Unity of Title in requisite form to be approved by the City Attorney, requiring the lands described in Exhibit ItA" to be developed in accordance with this Resolution. -5- Section 10. If any part or portion of this Resolution is found to be void or defective, the remainder of the Resolution shall continue in full force and effect. Section 11. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 12. This Resolution shall take effect immediately DF;Y OF NgVEMBER, 1993. upon passage. INTRODUCED, PASSED AND ADOPTED THIS -, ATTEST : ./' ,, : I, h2 JOSEPH R. RUSSO, MAYOR / VOTE : NAY i?s - MAYOR RUSSO VICE MAYOR MONROE COUNCILMAN JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK ABSENT 4 E' z W '? \ r)' M' w: H 2 4 Hi . .. - n I' 00 00 A z rn 4 -4 C m rn rn b 0 -I Io 0 E -I I ? u, z 0 0 % 7 0 0 r, m P z =i I cn 0 R z W z -4 0 2 rn R -4 c 2 z B 0 X B E E z C K A -I C A z cn W z -I O rn e rn -. * X 4 z 0 4 r z 0 W A m s r 0 v, C 9 2 a P 4 N 0 < 3 !! A -c rn m r 7 A -. N s m r rn 7 A D r cr cn 0 z B 7 rn 0) -0 8 < zj 0 : z P 3 3 z cn 3 rn XJ m z "! P F C s m 4 !i! 3 z m 4 -4 I XJ C ! r zl m -4 Palm Beach Gardens Mediwl Pavifion t e E c Pa/m Beach Medica/ Pavifion Palm Beach Gardens, fL L Date Prepared: December 12, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 4,2008 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 3EACH GARDENS, FLORIDA AMENDING THE SIGNAGE 'ROGRAM FOR THE PALM BEACH GARDENS MEDICAL 'AVILION LOCATED AT THE NORTHWEST CORNER OF PGA 30ULEVARD AND FAIRCHILD GARDENS AVENUE WITHIN THE TEGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT :DRI), AS MORE . PARTICULARLY DESCRIBED HEREIN; 'ROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; 4ND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 4, 1993, through the adoption of Resolution 134, 1993, the City Council approved a Planned Unit Development (PUD) for construction of a professional medical office building for Good Samaritan Medical Center within the Regional Center Planned Community District; and WHEREAS, on March 16, 1995, through the adoption of Resolution 16, 1995, the City Council approved an overall wall signage package for the southeast and northwest elevations of the Good Samaritan/St. Mary's Health Care Pavilion (formerly Good Samaritan); and WHEREAS, on September 14, 2004, through the adoption of Resolution 172, 2004, the City Council approved two waivers to allow the installation of a 234-square- foot principal tenant sign on the top level of the southeast elevation of the Palm Beach Gardens Medical Pavilion; and WHEREAS, the City has received a request from Cotleur & Hearing, Inc., on behalf of Gardens Medical Pavilion, LLC, for approval to allow an 18-inch high principal tenant sign for the University of Miami to be located above the second floor line on the south elevation of the Palm Beach Gardens Medical Pavilion, and to allow a 24-inch- high principal structure or building identification sign for the Palm Beach Cancer Institute to be relocated above the second floor line on the north elevation; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended APPROVAL of the principal structure sign to be located above the second floor line on the north elevation. The Growth Management Department has recommended DENIAL of the principal tenant sign to be located above the second floor line on the south elevation; and WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on June 26, 2007, and voted 7-0 to recommend DENIAL to the City Council; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: December 12, 2007 Resolution 4, 2008 WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. An amendment to the signage plan for the Palm Beach Gardens Medical Pavilion building is hereby APPROVED on the following described real property to allow an 18-inch-high principal tenant sign for the University of Miami to be located above the second floor line on the south elevation of the Palm Beach Gardens Medical Pavilion, and to allow a 24-inch-high principal structure sign for the Palm Beach Cancer Institute to be displayed above the second floor line on the top level of the building on the north elevation: LEGAL DESCRIPTION: PARCEL A A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST % OF SAID SECTION 6; THENCE NORTH 88’45’08” WEST ALONG THE SOUTH LINE OF SAID NORTHWEST % OF SECTION 6, A DISTANCE OF 478.30 FEET; THENCE NORTH 01 “1 4’52” EAST, A DISTANCE OF 43.86 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF P.G.A. BOULEVARD, AS RECORDED IN OFFICIAL RECORD BOOK 4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE PROCEED NORTH 03”36’10” WEST, A DISTANCE OF 419.67 FEET; THENCE NORTH 56”23’50” EAST, A DISTANCE OF 313.54 FEET TO A POINT ON RECORDED IN OFFICIAL RECORD BOOK 5072, PAGE 354, PUBLIC RECORDS OF SOUTH 30’1 9’43” EAST, A DISTANCE OF 1 16.61 FEET; THENCE SOUTH 28’44’1 5” EAST, A DISTANCE OF 180.07 FEET; THENCE SOUTH 30’19’43” EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 465.87 FEET AND A RADIAL BEARING OF SOUTH 59’40’17” WEST; THENCE SOUTHERLY ALONG THE ARC OF THE WESTERLY RIGHT-OF-WAY LINE OF FAIRCHILD GARDENS AVENUE, AS PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY LINE, 2 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: December 12, 2007 Resolution 4, 2008 SAID CURVE THROUGH A CENTRAL ANGLE OF 31 ‘44’44”, A DISTANCE OF 258.12 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01’25’01” WEST, A DISTANCE OF 22.16 FEET; THENCE SOUTH 46’19’57” WEST, A DISTANCE OF 56.48 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE AFORESAID P.G.A. BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 88’45’08” WEST, A DISTANCE OF 16.21 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2934.79 FEET AND A RADIAL BEARING OF SOUTH 01’14’52” WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’39’09”, A DISTANCE OF 391.98 FEET TO THE POINT OF BEGINNING. PARCEL B A NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL A FOR ACCESS AND UTILITY PURPOSES CREATED BY THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 8120, PAGE 1406 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OVER, UNDER, AND ACROSS THE FOLLOWING DESCRIBED LAND: A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST YI OF SAID SECTION 6; THENCE NORTH 88’45’08” WEST ALONG THE SOUTH LINE OF SAID NORTHWEST YI OF SECTION 6, A DISTANCE OF 478.30 FEET; THENCE NORTH 01’14’52” EAST, A DISTANCE OF 43.86 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF P.G.A. BOULEVARD, AS RECORDED IN OFFICIAL RECORD BOOK 4442, PAGE 856, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 03’36’10” WEST, A DISTANCE OF 419.67 FEET; THENCE NORTH 56’23’50” EAST, A DISTANCE OF 30.40 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE PROCEED NORTH 33’36’1 0” WEST, A DISTANCE OF 71.72 FEET; THENCE NORTH 29’33’51” WEST, A DISTANCE OF 275.50 FEET; THENCE NORTH 59’56’43” EAST, A DISTANCE OF 3.51 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 465.87 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04’29’27”, A DISTANCE OF 36.52 FEET; THENCE SOUTH 29’33’51” EAST, A DISTANCE OF 273.00 FEET; THENCE SOUTH 33’36’10’’ EAST, A DISTANCE OF 70.31 FEET; THENCE SOUTH 56’23’50” WEST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. 3 Date Prepared: December 12, 2007 Resolution 4, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PARCEL C AN EASEMENT FOR THE BENEFIT OF PARCEL A FOR LANDSCAPE PURPOSES CREATED BY THAT CERTAIN GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 8120, PAGE 1426 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, OVER, UNDER, AND ACROSS THE FOLLOWING DESCRIBED TWO PARCELS OF LAND: (1) A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 6; THENCE NORTH 88’45’08” WEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 6, A DISTANCE OF 71.28 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01’14’52” EAST, A DISTANCE OF 70.00 AVENUE, AS RECORDED IN OFFICIAL RECORD BOOK 5072, AT PAGE 354, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID THENCE NORTH 01’25’01’~ EAST, A DISTANCE OF 22.16 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 465.87 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31”44’44”, A DISTANCE OF 258.12 FEET; THENCE NORTH 30”19’43 WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 28’44’15” WEST, A DISTANCE OF 180.07 FEET, THENCE NORTH 30’19’43” WEST, A DISTANCE OF 228.52 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 570.87 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE NORTH 59’24’26” WEST, A DISTANCE OF 32.90 FEET; THENCE DEPARTING SAID FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 465.87 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14’05’22”, A DISTANCE OF 114.56 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE DEPARTING SAID CURVE SOUTH 29’33’51” EAST A DISTANCE OF 272.15 FEET; THENCE SOUTH 33”36’10” EAST A DISTANCE OF 70.05 FEET; THENCE SOUTH 56’23’50’’ WEST A DISTANCE OF 7.50 FEET; THENCE NORTH 33’36’10” WEST A DISTANCE OF 70.31 FEET; THENCE NORTH 29’33’51” WEST A DISTANCE OF 273.00 FEET TO A POINT LYING ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 465.87 FEET, A CENTRAL ANGLE OF 00’55’31” AND A RADIAL BEARING AT THIS POINT OF SOUTH 25’33’50 EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 7.52 FEET TO THE POINT OF BEGINNING. FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FAIRCHILD GARDENS WEST RIGHT-OF-WAY LINE NORTH 46’1 9’57” EAST, A DISTANCE OF 56.48 FEET; OF 12”03’50”, A DISTANCE OF 120.20 FEET TO A NON-TANGENT LINE; THENCE WEST RIGHT-OF-WAY LINE SOUTH 79’27’03” WEST, A DISTANCE OF 128.36 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: December 12, 2007 Resolution 4, 2008 (2) A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST % OF SAID SECTION 6; THENCE NORTH 88’45’08” WEST ALONG THE SOUTH LINE OF SAID NORTHWEST % OF SECTION 6, A DISTANCE OF 71.28 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01’14’52” EAST, A DISTANCE OF 70.00 AVENUE, AS RECORDED IN OFFICIAL RECORD BOOK 5072, AT PAGE 354 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA; THENCE ALONG FEET; THENCE NORTH 01 ‘25’01” EAST, A DISTANCE OF 22.16 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 465.87 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 31’ 44’ 44”, A DISTANCE OF 258.12 FEET; THENCE NORTH 30’19’43” WEST, A DISTANCE OF 228.52 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 570.87 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12’03’50”, A DISTANCE OF 120.20 FEET TO A FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FAIRCHILD GARDENS SAID WEST RIGHT-OF-WAY LINE NORTH 46’19’57” EAST, A DISTANCE OF 56.48 NON-TANGENT LINE; THENCE NORTH 59’24’26” WEST, A DISTANCE OF 32.90 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE SOUTH 79’27’03 WEST, A DISTANCE OF 128.36 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 465.87 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19’3O’2OJJ, A DISTANCE OF 158.60 FEET; THENCE SOUTH 59’56’43” WEST, A DISTANCE OF 3.51 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE SOUTH 29’33’51” EAST A DISTANCE OF 275.50 FEET; THENCE SOUTH 33’36’10 EAST A DISTANCE OF 71.72 FEET; THENCE SOUTH 56’23’50 WEST A DISTANCE OF 7.50 FEET; THENCE NORTH 33’36’10” WEST A DISTANCE OF 71.98 FEET; THENCE NORTH 29’33’51 WEST A DISTANCE OF 275.70 FEET; THENCE NORTH 59’56’43” EAST A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. Section 78-285, Permitted signs, to allow feF a one principal tenant sign above the second floor lines on the south elevation. 2. Section 78-285, Permitted signs, to allow one principal tenant sign on the south elevation and one on the north elevation to be fw-a-1 IO-square-feet -- in size. .. 3. Section 78-285, Permitted siuns, to allow one principal tenant sign to be displayed above the second floor lines on the north building elevation. 5 Date Prepared: December 12, 2007 Resolution 4, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 4. The following conditions are hereby included and shall be the responsibility of the Applicant] its successors, or assigns: 1. The Applicant shall remove the existing building sign on the south elevation prior to building permit approval of the third floor principal tenant sign. (Planning & Zoning) (SATISFIED) 2. Prior to the issuance of the building permit, the Applicant shall remove the existing sign from the porte-cochere on the north side of the building. {Planning & Zoning) SECTION 5. This signage approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. Photographic Renderings, Proposed South Elevation of Building and Proposed North Elevation of Building, 24” High Building Identification Signs & Proposed 18” High Principal Tenant Sign, 3 sheets, dated November 6, 2007, bv Cotleur & Hearing. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 6 Date Prepared: December 12, 2007 Resolution 4, 2008 1 2 3 4 5 6 7 8 9 10 11 ATTEST: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN C 0 U N C I LM E M B E R VAL EC H E CO U N C I LMEM B ER BARN ETT AYE NAY ABSENT W’’ G:\attorney-share\RESOLUTlONS\gardens medical pavilion signage - reso 4 2008.docx 7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum f X ] RecomTndDENlAL Reviewed by: Date Prepared: December 12,2007 Meeting Date: January 17,2008 Resolution 5,2008 SubjecWAaenda Item: Resolution 5,2008 - PGA Financial Center Building Signage Consideration of Approval: A request by Cotleur & Hearing, Inc., agent, on behalf of Lost Tree Village Corporation, for approval to allow two principal tenant signs on the north elevation and one additional principal structure sign on the east elevation of the PGA Financial Center building located at 3399 PGA Boulevard within the Regional Center Development of Regional Impact (DRI). [ ] Recommend APPROVAL I City Attorney: pment Compliance: Bahareh K. Wolfs, AlCP Planning Manager: Growth Management Kara Irwin, AlCP I Approved By: , & Ronald . F rris Originating Dept.: Growth Management: [ X ] Quasi-Judicial [ ] Legislative [ ] Public Hearing Advertised: No Date: Paper: [ X ] Not Required Public Notice: [ X ] Not required [ 1 Yes ~. . . Finance Dept.: Sen io r Accountant: v Tresha Thomas Fees Paid: [hYes Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA City Council Action: [ ] Approved. [ ] Approved with/ [ ] Denied [ ] Continued to: conditiondwaivers Attachments : Resolution 5, 2008 Applicant's Request Elevation Renderings Location Map Resolution 21. 1998 EXECUTIVE SUMMARY - Date Prepared: December 12,2007 Meeting Date: January 17,2008 Resolution 5,2008 This application was originally scheduled for the October 18,2007, City Council agenda but was postponed at the request of the applicant. The applicant has revised the request and is now proposing two 18-inch principal tenant signs on the north elevation and one 18-inch principal structure sign on the east elevation of the PGA Financial Center Building. There are two existing 36-inch high building identification signs with the copy “Chase” and a logo on the north and south elevations. This request requires approval of waivers to allow two additional principal tenant signs on the north elevation and to allow the signs to be located above the second floor line. Approval of a waiver will also be required to allow an additional principal structure sign on the east elevation and for this sign to be located above the second floor line. After reviewing the application at its meeting on July IO, 2007, the Planning, Zoning, and Appeals Board voted 6 to 0 to recommend denial of any additional signage for this building. At that time, the applicant was proposing four principal tenant signs, with two being on the south elevation and two on the north elevation. Staff recommends denial of the waiver requests to allow additional building signage. BACKGROUND On March 19, 1998, the City Council adopted Resolution 21, 1998, which approved the development of a four-story, 76,112 square-foot office building known as the MacArthur Center Office Building, located at the northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center DRI. That approval included waivers pertaining to the 62-foot building height, the front setback for the ground sign, and the location of the two existing principal structure/principal tenant wall signs above the second floor lines of the north and south elevations. The existing tenant monument sign at the Mall Loop Road entry to the site allows building identification and provides advertising for three tenants. LAND USE AND ZONING The subject site is within the Regional Center DRI and has a future land-use designation of Professional Office (PO). The zoning district classification is Planned Community District Overlay (PCD) with an underlying zoning of Professional Office (PO). REQUEST Section 78-285, Table 24, Permanent signs, allows only one principal structure or principal tenant sign per parcel. This building has two existing 36-inch high signs on the north and south elevations. These signs are white with blue trim and a blue Chase logo. With this current request, the applicant is proposing two principal tenant signs on the north elevation facing the mall and an additional principal structure identification sign on the east elevation. 2 Date Prepared: December 12,2007 Meeting Date: January 17,2008 Resolution 5,2008 The photographic renderings submitted by the applicant indicate all proposed signs will be non-illuminated, 18 inches in height, and a dark bronze color. Waiver Request: I City Code I Section 78-285, Table 24: Permanent Signs: Principal Structure Section 78-285, Table 24: Permanent Signs: n Princi al Tenant Allowed One sign for a parcel with at least 100 linear feet of R.O.W. )ne sign for a parcel rith at least 100 linear ?et of R.O.W. Proposed One additional 18- inch principal structure “Chase” sign with logo on east elevation Two principal tenant 18-inch signs above second floor line on north elevation Waiver Requested One additional principal structure sign to be located above the second floor line of the east building elevation, for a total of three principal structure signs Two principal tenant signs to be located above the second floor line of the north building elevation Staff Recommendation (1) Denial (2) Denial Staff Analvsis: (I) There are already two existing principal structure signs on the north and south elevations, which serve to identify the building to passersby from the Mall Loop Road and from PGA Boulevard. It is staffs goal to protect the integrity of the PGA Boulevard corridor by being consistent with the requirements and intent of Section 78-221 of the City’s LDRs, which are to create a unique and special identityfor PGA Boulevard Corridor. It is believed that an additional principal structure sign on the east elevation of this building will be detrimental to the visual character of the Corridor and is not necessary to identify the building. Staff recommends denial of this waiver request. (2) Section 78-285 of the City’s Land Development Regulations (LDR) allows the display of only one principal structure/principal tenant wall sign per building. The intent of this provision is to allow signage with which to identify and locate a building. Additional tenant signs are allowed only for ground floor users with individual entrances for each tenant space or bay, such as those found at the Oaks Center on Burns Road or in one-story retail shopping centers. To permit several tenants to have signage, when there are no individual entrances, would constitute a form of billboard-type advertising. Also, this would be confusing as to the proper identification of the building and would not provide a means of “way-finding’’ to the building. Staff recommends denial of this waiver request. PLANNING, ZONING, AND APPEALS BOARD COMMENTS: The Planning, Zoning, and Appeals Board reviewed the subject petition at a public meeting on July 10,2007. At that time, the applicant was proposing four principal tenant signs, with 3 Date Prepared: December 12,2007 Meeting Date: January 17,2008 Resolution 5,2008 two being on the south elevation and two on the north elevation. The Board voted 6 to 0 to recommend DENIAL of any additional building signage to the City Council. The Planning, Zoning, and Appeals Board had the following comments: 1. Many buildings in the City have already been negatively impacted with too many signs; 2. This is one of the most beautiful buildings on PGA Boulevard, and to add additional signage would detract from the building’s appearance; 3. Commended staffs efforts to prevent too many signs on buildings; and 4. A request for a waiver is not an entitlement, and the Board has the right to look at each request individually to determine whether it is appropriate. STAFF RECOMMENDATION Staff does not support the display of additional principal structure or principal tenant signs on any building elevations. Staff feels that additional wall signage visually clutters the elevations and is a visual distraction. Additional tenant signage would cause confusion as to the proper identification of the building and would not provide a clear means of “way- finding” to the building. Furthermore, the existing tenant monument sign at the entrance to the site provides a means of advertising for those tenants within the building; therefore, additional wall signage on the building is not believed to be necessary. Jholloman/Case FileslPGA Financial Center/PGA Financial Center-files/Staff report CC.doc 4 Cotleur & Hearing e Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane . Suite 1 1 Jupiter, Florida . 33458 . Ph 561.747.6336 . Fax 561.747.1377 . Lic.#LC-C000239 November 14, 2007 Ms. Jackie Holloman City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410-4698 Re: PGA Financial Plaza Building (Chase Bank) Signage Waiver Petition M ISC-07-01-000022 Dear Ms. Holloman: On behalf of the Lost Tree Village Corporation, please accept this correspondence as our formal request to amend the previously submitted Miscellaneous Sign Petition. Following the Planning, Zoning and Appeals Board public hearing we reevaluated the signage proposal. The revised proposal reduces the number of proposed signs that will be permitted for the building. As you are aware, the building currently contains identification signs on the north (Mall Loop Road) and south elevations (PGA Boulevard). e The applicant is requesting two principal tenant signs on the north elevation, facing the Mall Loop Road. The applicant is also requesting one additional principal structure sign (building identification sign) on the east elevation. The additional signage will aid in attracting and sustaining high quality tenants in the Regional Center as well as in the PGA Corridor. Please find enclosed with this correspondence seventeen sets of revised plans and a revised justification statement for distribution. Should you have any questions please do not hesitate to contact me. We thank you for your time and favorable consideration. Cotleur & Hearing, Inc. Enclosures: Justification Statement Signage Plans cc: a Lost Tree Village Corporation Cotleur & Hearing Landscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane Suite 1 - Jupiter, Florida * 33458 . Ph 561.747.6336 . Fax 561.747.1377 Lic.#LC-C000239 Date: December lgth, 2007 To: Jackie Holloman, Planner City of Palm Beach Gardens Growth Management Department cc: Lost Tree Village Corporation From: Alessandria Kalfin, Planner Cotleur & Hearing, Inc. Subject: Chase Bank (a.k.a. PGA Financial Plaza) Miscellaneous Petition On behalf of the applicant, Lost Tree Village Corporation, we would like to clarify that we will not be resubmitting drawings or exhibits to change the color of the proposed signage for the Chase Bank Building (a.k.a. PGA Financial Plaza). If the petition is approved at the City Council meeting, the applicant will agree to change the color of the proposed signs to be consistent with the existing sign on the south elevation at staff's request. All signs would be white in color. We do request that the staff report is modified to note this concurrence. Please feel free to contact me with any questions at 561.747.6336 x 128. Thank you. I Cotleur & Hearing e Consultants Landscape Architects I Land Planners I Environmental 1934 Commerce Lane . Suite 1 . Jupiter, Florida . 33458 . Ph 561.747.6336 . Fax 561.747.1377 . Lic.#LC-C000239 PGA Financial Plaza Building (Chase Bank) Miscellaneous Petition for Signage Waiver Introduction Lost Tree Village Corporation, the applicant, is seeking approval for a Miscellaneous Sign Petition request for the addition of principal structure and principal tenant signage for the PGA Financial Plaza building (Chase Bank) located at 3399 PGA Boulevard. The applicant is requesting a modification to the signage, approved by the City Council on March 19, 1998 by Resolution 21, 1998. The proposed amendment includes the addition of two (2) principal tenant signs and one (1) principal structure sign (building identification sign). Project Contact 0 Cotleur & Hearing, Inc. Donaldson Hearing 1934 Commerce lane, Suite 1 Jupiter, FL 33458 (561) 747-6336 (561) 747-1377 dhearing@cotleur-hearin,q.com Justification The applicant is requesting two (2) principal tenant signs. The principal tenant signs are proposed for the north elevation, facing the mall. The signs letters will be 18-inches in height and the signage will be located above the second floor. The signs letter color will be dark bronze and the signs will not be illuminated. The additional signage will aid in attracting and sustaining high quality tenants in the Regional Center, as well as the PGA Corridor. The proposed signage will not detract from the buildings quality or aesthetics. Lost Tree Village Corporation is a conservative company that seeks to protect and promote their integrity. The building is and will be maintained as a class “A” professional building. I SIGNS -SIGN PROGRAM 78-285 (Table 4) SIGNS - SIGN PROGRAM 78-285 (Table 4) PGA Financial Plaza Bldg (Chase Bank) Miscellaneous Petition Signage Waiver 4 Flat/Wall Sign for Principal principal tenant signs 2nd floor Tenant Flat/Wall Sign for Principal principal structure sign 4th floor Structure Add up to 2 additional above the 2nd floor of Add up to 1 additional above the 4‘h floor of thc 2 signs located above the 1 sign permitted the building 1 sign located above the 1 sign permitted building November 14,2007 ~age2of2 The applicant is also requesting one (1) additional principal structure sign. The principal structure sign is proposed on the east elevation. The sign letters will be 18-inches in letter and will be located above the fourth floor. The letter color will be dark bronze and the sign will not be illuminated. The existing sign on the south elevation is not visible for vehicles traveling west bound on PGA Boulevard from Prosperity Farms Road. The building is oriented in a southwest position and neglects to expose its south face towards the east. It is important to note that the building is designed as a four sided building. The applicant is only proposing new signs on the north and east elevations. The applicant is not proposing additional signage on PGA Boulevard or on the west elevation. c I ELEV. I STATUS I SIGNS REQUESTED I TEXT I HEIGHT^ COLOR I ILLUMINATION I I East 1 Proposedl 1 principal structure I “Chase”/ 18” I Dark Bronze 1 NO I Waivers Requested The petitioner is requesting two waivers from Section 78-285 of the City’s LDRs for the two (2) additional principal tenant signs and the one (1) principal structure sign requested for the building as outlined herein: I CODESECTION I TYPEOFSIGN I REQUEST I DEVIATION Justification of the above referenced waivers are outlined above in section entitled “J u st ifi cat io n .” Conclusion The requests for additional signage and required waivers are consistent with the City’s Land Development Regulations and the Comprehensive Plan of Palm Beach Gardens. The proposed new signage will not create negative visual impacts on or off-site. The petitioner believes that premier tenant occupancy is directly tied to the tenant’s ability to have clear identification of their facilities to the general public. The petitioner shall work closely with Staff to ensure they have all the necessary information and material to review and recommend approval of this IC. request. F \Project Documents\07 0806 Chase Bank BuildingWpplications and Subm1ttals\070806~MISCJustlficat1on Statement 11 14 07 doc e e I , L1 i C ? , A t, t* Chase Bank Palm Beach Gardens, FC i M e rI M Chase Bank Palm Beach Cardens, FL I Page 1 of I http://pbgsgis/output/pbg_PBGSGIS4268532065O.png 12/20/2007 RESOLUTION 21,1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTlON OF AN OFFICE BUILDING ON A 5.31 ACRE LOT WITHIN THE REGIONAL CENTER DEVELOPIdENT OF REGIONAL IMPACT; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WATVERS; AND PROVIDJNG FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens has received an application to approve a site plan for the construction of 76,112 squire-feet of office on a 5.31+/- acre site within the Regional Center Development of Regional Impact; and WI-EEEAS, 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 Bedch Gardens hereby approves a site plan 1’01- the construction of 76,l I2 square-feet of ofice facility bn 5 3 l+/- acres at the northeast comer of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact. - Section 2 Construction of said development shall be in accordance with following plans on file with the City’s Growth Management Department‘ 1 March 4, 1998, Site Plan, Smith and Mobre Architects, 1NC , Sheet A-1. 2 March 4, 1998, Site Plan with Adjacent Properties, Smith and Moore Architects, INC , Sheet A-2 3 February 27, Zoning Map, Future Land’ Use 2010 Map, Vicinity Map, Project Identification Sign, Dumpster Enclosure Details, Dumpster Enclosure Wall Detail, Parking Stall Detail, Smith and Moore Architects, INC , Sheet A-3 4. February 27, 1998, Building Elevations, Smith and Moore Architects, INC., Sheet A-4 5. February 27, 1998, Building Elevations, Smith and Moore Architects, INC , Sheet A-5 6 March 5, 1998, Landscape Plan, Howard F Ostrout Jr , and Associates, Sheet L-1 7 March 5, 1998, Landscape Legend Plantifig Diagrams & Specifications, Howard F Ostrout Jr , and Associates, Sheet L-2. 8 March 2. 1998, Paving and Drainage Details, LTL Associates, INC , Sheet 4 of 5 9 March 2, 1998, Paving and Drainage Notes, LTL Associates, INC., Sheet 5 of 5 10 March 4, 1998, Paving and Drainage Plan, LTL Associates, JNC., Sheet 3 of 5. 1 I. March 4, 1998, Horizontal Control Plan, LTL Associates, INC., Sheet 2 of 5 Section 3 Said site plan approval shall comply with the following condition. 1 Prior to the issuance of the Building Permit, the applicant is required to obtain a Northern Palm Beach County Improvement District Permit 2 Prior to the issuance of the first Building Permit, the petitioner shall provide public access dedication for the proposed sidewalk connecting PGA Boulevard to the Gardens Mall 3 Prior to the issuance of the first building permit, the petitioner shall provide updated plans deleting all references to covered parking -- Section 4 The following waivers are hereby granted with this approval. Resolution 21, 1998 Page 2 1 Waiver of the requirement pertaining to the number of loading spaces, 2 Waiver of the requirement pertaining to the dimensions of the parking stalls, 3. Waiver of the requirement pertaining to the building height limit; 4 Waiver of the requirements pertaining to the front setback for the signs and the requirement pertaining to the location of the wall signs. Section 5. This Resolution shall be effective upon adoption lNTRODUCED, PASSED AND ADOPTED THIS ATTEST LINDA V KOSIER APPROdD AS TO LEGAL, FORM AND SUFFICIENCY n I/ BY CITY Il ATTORNEY VOTE AYE NAY ABSENT /- MAYOR RUSSO r/ VICE MAYOR FURTADO --- COUNCILMAN SABATELLO 1/ COUNCILMAN JABLIN /- - COUNCILMAN CLARK 7- - \bk planning:\shortr-1 \sp97 18 re Resolution 21, 1998 Page 3 4 v) 4 m IL f SITE 27 02 I MACARTHUR CENTER PALM BEACH GARDENS. FLORIDA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 5, 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SIGNAGE PROGRAM FOR THE PGA FINANCIAL CENTER BUILDING, LOCATED AT THE NORTHEAST CORNER OF PGA BOULEVARD AND FAIRCHILD GARDENS AVENUE WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 19, 1998, through the adoption of Resolution 21 , 1998, the City Council approved a site plan and signage for the development of a 76,112-square- foot office building, formerly known as the MacArthur Center office building, on a 5.31 +/- acre site at the northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI); and WHEREAS, the City has received a request from Cotleur & Hearing, Inc., agent on behalf of Lost Tree Village Corporation, for approval to allow two principal tenant signs above the second floor line on the north elevation and one additional principal structure sign on the fourth level of the east elevation of the MacArthur Center office building, now known as the PGA Financial Center Building; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended DENIAL of the request for additional building signage; and WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on July 10, 2007, and voted 6-0 to recommend DENIAL to the City Council; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: December 12, 2007 Date Prepared: December 12, 2007 Resolution 5, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. An amendment to the PGA Financial Center signage program is hereby APPROVED for the following described real property to allow two principal tenant signs on the north elevation and one additional principal structure sign on the east elevation for the following real described property: LEGAL DESCRl PTl ON PARCEL I A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 6; THENCE SOUTH 88’45’08” EAST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6 (THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6 IS ASSUMED TO BEAR SOUTH 88’45’08” EAST AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 763.55 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01’14‘52’’ EAST, A DISTANCE OF 70.00 FEET TO THE SOUTHWEST CORNER OF THE PLAT OF THE GARDENS MALL, AS RECORDED IN PLAT BOOK 70, PAGES 20 THROUGH 22, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE NORTH 46’19’57” EAST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 35.30 FEET; THENCE NORTH 01’25’01” EAST ALONG SAID PLAT LINE, A DISTANCE OF 181.46 FEET TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID POINT LYING ON A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF 25’19’59” AND A RADIAL BEARING OF NORTH 04’08’04’’ EAST; THENCE WESTERLY ALONG SAID PLAT LINE AND ARC OF SAID CURVE, A DISTANCE OF 221.07 FEET TO THE POINT OF TANGENCY; THENCE NORTH 60’31’58” WEST ALONG SAID PLAT LINE, A DISTANCE OF 436.75 FEET; THENCE SOUTH 29’38’19” WEST ALONG SAID PLAT LINE A DISTANCE OF 43.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 29°19’21”; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND PLAT LINE A SOUTH 19’33’44” WEST ALONG SAID PLAT LINE, A DISTANCE OF 44.43 FEET TO A POINT ON THE EAST LINE OF FAIRCHILD GARDENS AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 5072, PAGES 354 THROUGH 383, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT LYING ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 580.87 FEET, A CENTRAL ANGLE OF 21’15’11” AND HAVING A RADIAL BEARING OF SOUTH 70’09’49” WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND EAST LINE OF FAIRCHILD GARDENS AVENUE, A DISTANCE OF 215.47 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01’25’01” WEST, A DISTANCE OF 7.96 FEET; THENCE SOUTH 43’40’04 EAST, A DISTANCE OF 56.65 FEET TO A POINT ON DISTANCE OF 166.33 FEET TO A POINT ON A NON-TANGENT LINE; THENCE 2 Date Prepared: December 12, 2007 Resolution 5, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 THE NORTH RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD, AS RECORDED IN OFFICIAL RECORDS BOOK 4442, PAGES 856 THROUGH 874, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88’45’08” EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 165.89 FEET; THENCE SOUTH 84’49’46” EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 175.41 FEET; THENCE SOUTH 88’45’08 EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 297.91 FEET TO THE POINT OF BEGINNING. PARCEL II EASEMENT FOR THE BENEFIT OF PARCEL I AS CREATED BY DECLARATION OF EASEMENTS AND USE RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 10398, PAGE 646 FOR STORMWATER DRAINAGE PURPOSES OVER, UNDER, AND ACROSS THE LANDS DESCRIBED IN EXHIBIT C OF SAID DECLARATION OF EASEMENTS OF USE RIGHTS RECORDED IN OFFICIAL RECORDS BOOK 10398, PAGE 646. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. Section 78-364, Number of loading spaces, waiver of the requirement pertaining to the number of loading spaces. 2. Section 78-344(1), Parking stall and bay dimensions, waiver of the requirement pertaining to the dimensions of the parking stalls. 3. Section 78-1 53, Non-residential zoning district regulations, waiver of the requirement pertaining to the building height limit. 4. Section 78-285, Permitted signs, waiver of the requirements pertaining to the front setback for the signs and the requirement pertaining to the location of the wall signs. 5. Section 78-285, Table 24, Permanent siqns, to allow one additional principal structure sign with logo to be located above the second floor line of the east building elevation. 6. Section 78-285, Table 24, Permanent siqns, to allow two principal tenant signs to be located above the second floor line of the north building elevation. SECTION 4. This approval is subject to the following conditions of approval, which shall be the responsibility of the Applicant, its successors, or assigns: 3 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: December 12, 2007 Resolution 5, 2008 1. Prior to the issuance of the building permit, the Applicant is required to obtain a Northern Palm Beach County Improvement District Permit. (SAT1 S F I E D) 2. Prior to the issuance of the first building permit, the Applicant shall provide public access dedication for the proposed sidewalk connecting PGA Boulevard to the Gardens Mall. (SATISFIED) 3. Prior to the issuance of the first building permit, the Applicant shall provide updated plans deleting all references to covered parking. (SATISFIED) 4. Prior to the issuance of the building permit, the Applicant shall provide signage detail sheets showing all existing and proposed signs are consistent in color, type, material, shape, and style. (Planning & Zoninq) SECTION 5. This site plan approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. 2. 3. 4. 5. 6. 7. 8. 9. March 4, 1998, Site Plan, Smith and Moore Architects, Inc., Sheet A-I . March 4, 1998, Site Plan with Adjacent Properties, Smith and Moore Architects, Inc., Sheet A-2. February 27, 1998, Zoning Map, Future Land Use 2010 Map, Vicinity Map, Project Identification Sign, Dumpster Enclosure Details, Dumpster Enclosure Wall Detail, Parking Stall Detail, Smith and Moore Architects, Inc., Sheet A-3. February 27, 1998, Building Elevations, Smith and Moore Architects, Inc., Sheet A-4. February 27, 1998, Building Elevations, Smith and Moore Architects, Inc., Sheet A-5. March 5, 1998, Landscape Plan, Howard F. Ostrout, Jr., and Associates, Sheet L-I. March 5, 1 998, Landscape Legend/Planting Diagrams & Specifications, Howard F. Ostrout, Jr., and Associates, Sheet L-2. March 2, 1998, Paving and Drainage Details, LTL Associates, Inc., Sheet 4 of 5. March 2, 1998, Paving and Drainage Notes, LTL Associates, Inc., Sheet 5 of 5. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: December 12, 2007 Resolution 5, 2008 IO. Photographic Renderings, 3 sheets, Proposed North and East View Buildinq Elevations, Entitled 18 Signage, Proposed Non-Illuminated Bronze Siqnage Letters, “Chase” with Logo, dated November 6, 2007, by Cotleur & Hearing. SECTION 6. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 5 Date Prepared: December 12, 2007 Resolution 5, 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR RUSSO VICE MAYOR LEVY --- --- 33 COUNCILMEMBER JABLIN 34 35 COUNCILMEMBER VALECHE --- 36 37 COUNCILMEMBER BARNETT --- 38 39 40 41 42 43 44 45 46 47 Glattorney-share\RESOLUTiONS\pga financial center building signage reso 5 2008.docx d 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 19,2007 Meeting Date: January 17,2008 Resolution 8,2008 SubjecWAgenda Item: Gardens Pointe [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: Growth anagement Finance Administrator Submitted by: ,-,l-p,, ' cie Daniel P. Clark, P.E. City Engineer Approved by: , Originating Dept: Engineering -&,, I [/..-A Daniel P. Clark, P.E. City Engineer Advertised: Date: Paper: [ X ] Not Required Affected parties [x ] Notified - I 1 Not reauired Costs:$ NIA (Total) $ NIA Current FY Funding Source: [ ]Operating [x ] Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 8, 2008 [ ]None Page 2 of 2 Date Prepared: December 19,2007 Meeting Date: January 17,2008 Resolution 8,2008 STAFF RECOMMENDATION Gardens Pointe - A replat of Parcel 27.09 and a portion of Parcel 27.13 of the Plat of Regional Center, which is located on the northwest corner of Fairchild Gardens Avenue and Kyoto Gardens Drive. Staff recommends approval of Resolution 8,2008. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 8,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE GARDENS POINTE REPLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Gardens Pointe Replat; and WHEREAS, the City Engineer has determined that the proposed Replat meets all the technical requirements of the City’s Land Development Regulations and Chapter 177, Florida Statutes, and recommends approval of the plat; and WHEREAS, the Replat is consistent with the City’s Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Gardens Pointe Replat consisting of three (3) sheets, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit “A.” SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: December 19, 2007 Resolution 8, 2008 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Joseph R. Russo, Mayor BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN C 0 U N C I LM E M B E R VALE C H E COUNCILMEMBER BARNETT -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\PLAT - gardens pointe replat - reso 8 2008.doc 2 EXHIBIT “A” Date Prepared: December 19, 2007 Resolution 8, 2008 ; E m I- P m z 0 E m 5 I c) D i /B m z cn m ~ , " N N , N , N I ! I I I i i I , I I I 1 I I I I I I I I I I I I I I I -I rn m rn z 0 - CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 2,2008 Meeting Date: January 17,2008 Resolution IO, 2008 SubjectlAgenda Item: Legislature to support the Florida League of Cities' key priority issues. Resolution IO, 2008, urging members of the Florida D(1 Recommendation to APPROVE 1: ] Recommendation to DENY Reviewed by: Clty Attorney Submitted by: Stacy A. Rundle Assistant to the City Manager w ApP4 Originating Dept.: Administration Advertised: Date: Paper: M Not Required Affected parties: NIA V] Not required costs: $4 (Total) $9 Current FY Funding Source: NIA [ ]Operating [ ]Other Budget Acct#: NIA ~~ -~ Council Action: [ ]Approved w/ conditions [ ]Denied [ ] Continued to: Attachments: Resolution IO, 2008 Memo from Rebecca OHaralFLC dated December 20,2007 BAC GRO Date Prepared: January 2,2008 Meeting Date: January 17,2008 Resolution 10,2008 JND: The Florida League of Cities’ Board of Directors adopted an initiative to enhance the Legislature’s awareness of the League’s priority Issues. The plan calls on each of Florida’s 412 cities to adopt a resolution that supports the League’s key priority issues. These key issues were adopted by the League membership at the November Legislative Conference and addressed Affordable Housing, Environmental Permits, Growth Management, Local Business Taxes, Local Government Pension Plans, Mobile Home Park Closures, Municipal Indebtedness, Property Tax Reform, Transportation, and Water. Upon adoption of this Resolution, the League requests that it be sent to Governor Charlie Crist, Senate President Ken Pruitt, Speaker of the House Marco Rubio, our local legislative delegation and to the League offices. RECOMMENDATION: Staff recommends approval of Resolution IO, 2008 as presented. FLORIDA LEAGUE OF CITIES, INC. MEMORANDUM To: Members of Florida League of Cities, Inc. From: Rebecca O’Hara, Director Leg is lative Affairs Date: December 20,2007 Re: Reauest for Resolution RECEIVED CllY MANAGERS OFFICE DEC26 2007 The FLC Board of Directors adopted an initiative to enhance the Legislature’s awareness of the League’s priority issues. This plan calls on each of Florida’s 412 cities to adopt a resolution that supports the League’s key priority issues. These key issues were adopted by the League membership at the recent Legislative Conference and address Affordable Housing , Environmental Permits, Growth Management, Local Business Taxes, Local Government Pension Plans, Mobile Home Park Closures, Municipal Indebtedness, Property Tax Reform, Transportation, and Water. Enclosed is a draft resolution that we are asking your city to adopt at the next available councilkommission meeting. Please send copies of your adopted resolution to Governor Charlie Crist, Senate President Ken Pruitt, Speaker of the House Marco Rubio, your local legislative delegation and to the Florida League of Cities no later than Friday, February 22, 2008. Also enclosed are a list of addresses for the Governor, Senate President, and Speaker of the House. In addition, we have enclosed a directory so that you may identify legislators whose districts include your city. A Microsoft Word version of this resolution is available on the League’s website under Legislative/Advocacy at: www.flcities.com. If you have any questions or require additional information, please contact Rikkia Rellford at the Florida League of Cities at (850) 701-3653. Thank you for your assistance. Enclosures 301 South Bronough, Suite 300 + Post Office Box 1757 + Tallahassee, FL 32302-1 757 Telephone (850) 222-9684 + Suncorn 278-5331 + Fax (850) 222-3806 + Internet: www.flcities.com Please send a copy of your City’s resolution to the following no later than Friday, February 22, 2008 The Honorable Charlie Crist Governor, State of Florida Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0001 Phone: (850) 488-4441 Fax: (850) 487-0801 The Hbnorable Ken Pruitt President of the Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1 100 Phone: (850) 487-5229 Fax: (850) 487-5844 The Honorable Marco Rubio Speaker of the House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1 300 Phone: (850) 488-1450 Fax: (850) 487-1456 Your House and Senate Members See attached directories for mailing information Rikkia Rellford, Assistant to the Legislative Director Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1 757 Phone: (850) 701-3653 Fax: (850) 222-3806 DRAFT RESOLUTION FOR FLC LEGISLATIVE PRIOlUTlES A RESOLUTION OF THE CITY OF , URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION. WHEREAS, as Florida’s population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida’s municipalities are challenged to meet the increasing infrastructure, affordable housing, transportation, and water quality needs of their citizens; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida’s municipalities are dependent on other governmental entities for financial stability and presently the state, counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF Section 1. That the City of urges Governor Charlie Crist and members of the Florida Legislature to support legislation that: Reauthorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds’ funding source and removes the legislative cap on fund distribution; Enhances public notice of and participation in state environmental permitting processes; Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; Enhances municipal control over municipal employee pension plan management and funding; Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; Broadens municipal home rule and other authority to issue tax-increment financed bonds and other forms of indebtedness without approval by referendum; Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; Authorizes the use of electronic traffic infraction detectors at traffic intersections; and Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. Section 2. That a copy of this resolution shall be provided to Governor Charlie Crist, Senate President Ken Pruitt, House Speaker Marco Rubio and members of the Florida Legislature. PASSED AND ADOPTED by the City of , this - th Day of 2008. - \D m m m d .. P) a 5 P Es m m d- r-4 m r-4 d m m 4 m d \o r-4 m v, \D P r-4 m d m 0 r-4 m .. P) a +, 3; cl P. c4 cl cr, cl P. c c E: v: .- I- % .L f li a P e, cd e 3 a 3 t: C cr c .I 2 u L v, 0 r-4 t a. v: o( v: lf C e 5 t a a > .C c R c E a x E b E __ I i a P I C - s b N m 1 m 0 b m m c-4 N m c-4 m m b 0 r\l rn b \o m m 4 - ;rl 0 F 00 m m - 2 s m d m m 00 Ti- m m c-l Lk c-1 CL tl - (d c c .r c k T c cl CL cl Ir, 4 Lk P) .4 Y E cl J m a W L4 m 0 d X 0 f .- L T E a b __ 0 \D 0 m m - 0 F 0 m m * o\ o\ d m (-4 m m z m m * m m - Ll c4 cn 0 \o * m - e 0 v, * ;3; _. E! a (-4 0 m rcl 00 d v, t-4 m c cr c cr r-l c4 C 0 4 2 (d 0 0 m C V c a + .r r W F t , ; 3 s .r - C -c d 0 J t ( U C C c T P ? a .f E V C d d a c - + a e 3 E t s PI C 7 7 i 7 1 I 1 r C __ C J __ v) 0 r\l r4 m \o m v) PJ m m rn d- d m 00 d- v) r4 m m m m PJ m 00 r4 m 4 d - c-1 LL P 00 P d- m 3 + v) m m m v) W d- m i2 c-1 L4 c4 i2 c-1 LL 8 3 0 & + e, c .C 3 r: 0 a r: m 2 W t L t U 8- .* rl: rl: L z z 4 a c c L c W .C .C f - .. v: 0) Y e .r a .c v \ Y U L 4- (I: n I- I- a et E a 3 c 0 CJ - L C 0 E a U c - I- C E ‘c CT Q a P t- b S c .r $ S E c + U .- i E K t IA PI m m m Ll c4 VI a, e 4 2 m e m m 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION IO, 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as Florida’s population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida’s municipalities are challenged to meet the increasing infrastructure, affordable housing, transportation, and water quality needs of their citizens; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida’s municipalities are dependent on other governmental entities for financial stability, and presently, the state, counties, and school districts control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City of Palm Beach Gardens urges Governor Charlie Crist and members of the Florida Legislature to support legislation that: 0 Reauthorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds’ funding source, and removes the legislative cap on fund distribution. Date Prepared: December 27, 2007 Resolution IO. 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 38 Enhances public notice of and participation in state environmental permitting processes. Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands. Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis. Enhances municipal control over municipal employee pension plan management and funding. Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments. Broadens municipal home rule and other authority to issue tax-increment financed bonds and other forms of indebtedness without approval by referendum. Provides an equitable, dedicated, and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget. Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5- Year Work Plan when it negatively impacts the comprehensive plan of the local government. Authorizes the use of electronic traffic infraction detectors at traffic intersections. Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. SECTION 3. A copy of this Resolution shall be provided to Governor Charlie Crist, Senate President Ken Pruitt, House Speaker Marco Rubio, and members of the Florida Legislature. SECTION 4. This Resolution shall become effective immediately upon adoption. 2 Date Prepared: December 27, 2007 Resolution IO, 2008 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Joseph R. Russo, Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLlN COUNCILMEMBER VALECHE COUNCILMEMBER BARNETT -- AYE NAY ABSENT LA G:\attorney-share\RESOLUTlONS\legislature to support issues during 2008 session - reso 10 2008.doc 3 City of Palm Beach Gardens Council Agenda January 17,2008 I Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 /Mayor Russo /Vice Mayor Levy Council Member Jablin WJN Council Member Valeche Wdr Council Member Barnett CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 17,2008 7:OO P.M. PLEDGE OF ALLEGIANCE /II. ROLLCALL / 111. ADDITION$. DELETIONS, MODIFICATIONS: J IV ANNOUNCEMENTS I PRESENTATIONS: J a. Presentation of a check in the amount of $23,500.00 to the Veterans Affairs Medical Center from the Veterans Day Golf Tournament. J V. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: J VI. CITY MANAGER REPORT: a. Update on Roan Avenue Value Hotel. J b. Update on lighting requirements used in new developments. VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit reauest form to the Citv Clerk mior to this Item) MII. CONSENT AGENDA: a. [Page 5) Arbor Day Proclamation. IX. PUBLIC HEARINGS: Part I - Quasi-iudicial a. [Staff Report on Page 6, Resolution on Page LYI nesuiuuun 4, LW~Y - Signage program for the Palm Beach Gardens Medical Pavilion. A Resolution of the. City Council of the City of Palm Beach Gardens, Florida, amending the sigpage pgram for the Palm Beach Gardens Medical Padion, located at the Northwest corner of PGA Boulevard and Fairchild Gardens Avenue within the Ibgid Center Development of Regional Impact (DRI), as more particularly described herein, providing conditions of approval; providing waivers; d providing m eflixtive date. .. r’ (Staff Report on Pave 36, Resolution on Page 54) Ikedutm * 11 5,200&- Signage program for the PGA Financial Center Building. rz Resolution of the City Council of the City of Palm Beach Gardens, Florida, amendingthe signage program for the PGA Financial Center Building located at the Northeast corner of PGA Boulevard and Fairchikt Gardens Avenue within the Regional Center Developneut of RW Impact mRI), as more particularly described M, dstte; Part I1 - Non-Quasi-iudicial a. (Staff Report on Pape 60, Resolution on Pape 62) Resolution 8,2008 - Gardens Pointe Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Gardens Pointe Replat; and providing an effective date. 2.d 3rc’ X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTIONDISCUSSION: a. (Staff Report on Page 68, Resolution on Page 79) Resolution 10, 2008 - 2008 Legislative Session. A Resolution of the City Council of the City of Palm Beach Gardens, Florida urging members of the Florida Legislature to support the following issues during the 2008 Legislative Session; and providing an effective date. XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADMSED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to particbate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Once at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Agenda January 17,2008 / Mayor Russo Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Vice. Mayor Levy / Council Member Jablin v Council Member Valeche 7c Council Member Barnett I. 11. 3 -0 III. IV VII. VIII. 7: G 3-0 CITY OF PALM BEACH GARDENS COUNCIL AGENDA January 17,2008 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. Presentation of a check in the amount of $23,500.00 .J the Ve.2rans Affairs Medical Center from the Veterans Day Golf Tournament. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: CITY MANAGER REPORT: a. Update on Roan Avenue Value Hotel. b. Update on lighting requirements used in new developments. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit reauest form to the Citv Clerk prior to this Item) CONSENT AGENDA: a. -Arbor Day Proclamation. IX. J'UBLIC HEA RINGS: Part I - Quai Giudicir 1 a. b. (Staff RCDQ~~ QU Pane 6. Resolution on Pave 29) Resolution 4, 2008 - Signage program for the Palm Beach Gardens Medical Pavilion. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the signage program for the Palm Beach Gardens Medical Pavilion, located at the Northwest corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing conditions of approval; providing waivers; and providing an effective date. Ptaff RCD ort on Pane 36. Resolution on Pane 54) Resolution 5, 2008 - Signage program for the PGA Financial Center Building. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the signage program for the PGA Financial Center Building located at the Northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing waivers; providing conditions of approvals; and providing an effective date. a. mff Itm ort on PIE e 60. Rtr olution Qn Pam 62) Resolution 8,2008 - Gardens Pointe Replat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Gardens Pointe Replat; and providing an effective date. 3 -* X. RESOLUTIONS: XI ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: a. Rcmrt on Page 68. Rcaolution on Pace 79) Resolution 10, 2008 - Florida League of Cities Key Priority Issues. A Resolution of the City Council of the City of Palm Beach Gardens, Florida urging members of the Florida Legislature to support the following issues during the 2008 Legislative Session; and providing an effective date. 3-O XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8 771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print _1LI_. Name: /OH Address: ~3,/2?7 City: PEG t Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY COUNCIL MEETING 01/17/08 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: Under Consent Proclamation for the American Heart Association declaring February lst as Wear Red for Women Day Under City ManaPer Report Update on Water Restrictions Under Public Hearings - Part I Quasi-Judicial Resolution 4, 2008 - Signage program for the Palm Beach Gardens Medical Pavilion. Resolution 5,2008 - Signage program for the PGA Financial Center Building. Cotleur & Hearing, representative for the applicant, Lost Tree Village Corporation, has requested postponement until date certain of February 7,2008. They want the opportunity to present their case before a full Council. A copy of the letter from Don Hearing has been provided for each member of Council. NONE January 37, 2008 Ms. Kara Irwin c/o Ms. Cheryl Levy City of Palm Beach Garden 10500 N Military Trail Palm Beach Gardens, FL 33410 Re: ,I Palm Beach Gardens Medical Pavilion; P b City Council Meeting Postponement Dear Ms. Irwin, On behalf of the applicant, Applefield Waxman Inc., please accept this letter as our written request to postpone the Palm Beach Gardens Medical Pavilion agenda item ”IX, Part I, a” from the January 17th, 2008 City Council meeting to the February 7th, 2008 City Council meeting. It is our understanding that Councilman Valeche among others will not be in attendance at tonight’s council meeting. The applicant requests the opportunity to present their case before a full council. The required postponement fee of $250.00 has been included with this correspondence. Thank you for your assistance in this matter. hincerely, Cotleur & Hearing, Inc. CC: Enclosure: Jackie Holloman, City Planner Patricia Snider, City Clerk Applefield Waxman Inc. $250.00 postponement fee Cotleur & Hearing January 17, 2008 Ms. Kara Irwin C/o Ms. Cheryl Levy City of Palm Beach Garden 10500 N Military Trail Palm Beach Gardens, FL 33410 Re: PGA Financial Center; Resolution 5, 2008 City Council Meeting Postponement Dear Ms. Irwin, On behalf of the applicant, Lost Tree Village Corporation, please accept this letter as our written request to postpone the PGA Financial Center agenda item "IX, Part I, b" from the January 17'h, 2008 City Council meeting to the February 7fh, 2008 City Council meeting. It is our understanding that Councilman Valeche among others will not be in attendance at tonight's council meeting. The applicant requests the opportunity to present their case before a full council. The required postponement fee of $250.00 has been included with this correspondence. Thank you for your assistance in this matter. Sincerelv, Cotleur & Hearing, Inc. cc: Enclosure: Jackie Holloman, City Planner Patricia Snider, City Clerk Lost Tree Village Corporation $250.00 postponement fee * L. L L 3 3 5 CD v m 0 3 tn 4 5. z s 3 0 3 a 3 CD 2 E: 0 CD CI m I 3. z * 3 e 0 3 3 cp 3 * tn u co fu m cp z E3 0 E: 0 e &a fu 5 a c CD L L ;L 9- r. * * 0 CCI WQ T w a 3 3 cz cr 5 (D et cn z k' w L cl 0 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, diseases of the heart are the nation's leading cause of death and stroke is the third Jeading cause of death; and WHEREAS, cardiovascular diseases (CVD) are the leading cause of death among women; and WHEREAS, heart attack, stroke and other cardiovascular diseases claim the lives of more than half a million women each year, more than the next seven causes of death combined, and nearly twice as many as all forms of cancer including breast cancer; and WHEREAS, the cost of cardiovascular diseases and stroke in the US is estimated at $352 billion; and WHEREAS; one in five females in the United States have some form of cardiovascular disease and. WHEREAS, 63 percent of women who died suddenJy of coronary heart disease had no previous symptoms of this disease; and WHEREAS, February is designated as American Heart Month, and WHEREAS, the American Heart Association is launching a new campaign, Go Red For Women, to encourage women to pay attention to their hearts and help them live longer, stronger lives by reducing their risk for cardiovascular disease. NOW, THEREFORE, NOW, THEREFORE, I, Joseph Russo by virtue of the authority vested in my as Mayor of the City of Palm Beach Gardens, Florida, in recognition of the importance of the ongoing fight against heart disease and stroke, do hereby proclaim February I, 2008,as Wear Red for Women Day in the City of Palm Beach Gardens, and urge all citizens to wear red in recognition of family, friends and neighbors who have suffered from heart disease, and as a show of support to fight it. By increasing awareness of the risk factors for this devastating disease and taking actions to reduce them, we can save thousand of lives each year. Ane~ Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to b ed on t is 1 ti' day of January in the Year (j Lo~ , wo vusand Eight PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday called Arbor Day was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wild/ifo; and WHEREAs, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our Community; and WHEREAS, trees, wherever they are planted, are a source ofjoy and spiritual renewal. NOW, THEREFORE, I, Joseph R Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim January 18, 2008 as: ARBOR DAY in the City of Palm Beach Gardens and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. Attest: ~ Patricia Snider, CMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 1 'f't day of January in the Year. wo Thousand and Eight.