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HomeMy WebLinkAboutAgenda Council Agenda 032008 City of Palm Beach Gardens Council Agenda March 20, 2008 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Vice Mayor Levy Council Member Council Member CITY OF PALM BEACH GARDENS COUNCIL AGENDA March 20, 2008 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ELECTION: a. (Staff Report on Page 5, Resolution on Page 7) Resolution 24, 2008 – Declaring results of the Municipal Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the General Election held on March 11, 2008; and providing an effective date. b. Administer Oath of Office. IV. REORGANIZATION: 1. Appointment of a Temporary Chairman to appoint Mayor. 2. Appointment of Mayor. 3. Appointment of Vice Mayor. 4. (Staff Report on Page 10, Resolution on Page 12) Resolution 25, 2008 – Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for the City; and providing an effective date. 5. (Page 14) Appointment of Council to External Boards. 6. (Page 14) Appointment of Council to Internal Boards. V. ADDITIONS, DELETIONS, MODIFICATIONS: VI ANNOUNCEMENTS / PRESENTATIONS: VII. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VIII. CITY MANAGER REPORT: IX. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) X. CONSENT AGENDA: a. (Page 17) Approve Minutes from January 17, 2008 regular City Council meeting. b. (Page 22) Approve Minutes from February 7, 2008 regular City Council meeting. c. (Page 29) Approve Minutes from February 21, 2008 regular City Council meeting. d. (Page 38) Quarterly Financial Report. XI. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 76, Resolution on Page 137) Resolution 21, 2008 – Mirasol Walk PUD Drugstore. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Mirasol Walk Planned Unit Development (PUD), located at the Northwest corner of the Ronald Reagan Turnpike and PGA Boulevard, to allow the development of a 14,820-square-foot drugstore with two drive-thru lanes on two outparcels comprising 2.76 acres, as described more particularly herein; providing waivers; providing conditions of approval; and providing an effective date. b. (Staff Report on Page 149, Resolution on Page 177) Resolution 22, 2008 – Development Order Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the development order for Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein, to eliminate certain conditions of approval related to the provision of shared parking; providing conditions of approval; providing waivers; and providing an effective date. c. (Staff Report on Page 192, Resolution on Page 218) Resolution 23, 2008 - CVS Prosperity Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the signage criteria and design guidelines for the outparcel building by allowing federally registered tenants to utilize their corporate colors and logo for Prosperity Centre Planned Unit Development (PUD), generally bounded by PGA Boulevard to the North, Prosperity Farms Road to the West, and Kidd Lane to the East, as described more particularly herein; and providing an effective date. Part II – Non-Quasi-judicial XII. RESOLUTIONS: XIII. ORDINANCES: (For Consideration on First Reading) a. (Staff Report on Page 225, Ordinance on Page 229) Ordinance 6, 2008 – General Employees’ Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the General Employees’ Pension Plan (DB); amending Section 3-128, Code of Ordinances entitled “Board of Trustees”; providing for codification; and providing an effective date. XIV. ITEMS FOR COUNCIL ACTION/DISCUSSION: XV. CITY ATTORNEY REPORT: XVI. 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. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 11,2008 Meeting Date: March 20,2008 Resolution: 24,2008 SubjecuAgenda Item: Declare the results of the General Election held on March I 1, 2008. [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY 1 Reviewed by: I Submitted by: Patricia Snider, City lerk & Department Administrator A originating Dept.: City Clerk Advertised: Date: Paper: [ INdRequired [ J Not required Costs:% N/A (Total) $- Current FY Budget Acct.#: Council Action: [ J Approved [ ]Approvedw/ conditions [ ]Denied [ ] Continued to: Certified Results [ ]None Date Prepared: February 11,2008 Meeting Date: March 20, 2008 Resolution: 24, 2008 BACKGROUND: Resolution 17, 2008 approved the appointment of the Supervisor of Elections as an additional member of the City’s canvassing board. As a result, a certified copy of the results of the March 11,2008 Municipal Election are attached. 0 STAFF RECOMMENDATION: Approval of Resolution 24,2008 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 24,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MARCH 11, 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the Ilth day of March, 2008, the Election Clerks and Inspectors subscribed their oaths and performed their duties in said General Election in accordance with the law; and WHEREAS, the City’s Canvassing Board certified the results of said General Election as follows: TOTAL REGISTERED VOTERS TOTAL RECORDED AND ABSENTEE BALLOTS CAST FOR CITY COUNCIL, GROUP 1 (Three-Year Term) BERT PREMUROSO ADAM ROBIN FOR CITY COUNCIL, GROUP 3, (Three-Year Term) ERIC JABLIN JEFF MILLER FOR CITY COUNCIL, GROUP 5, (Three-Year Term) J 0 DY BARN ETT ED CHASE WHEREAS, the City’s Canvassing Board has duly canvassed the returns of the described election and has certified the foregoing as true and correct tabulations of the total recorded and absentee votes cast (a copy of which certification is attached as Exhibit A); and WHEREAS, the City Council wishes to formally adopt and declare the voting results for the General Election: 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: Date Prepared: February 12, 2008 Date Prepared: February 12, 2008 Resolution 24, 2008 1 2 3 4 offices as follows: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The following candidates are hereby declared to be elected to the 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 CITY COUNCIL, GROUP 1 CITY COUNCIL, GROUP 3 CITY COUNCIL, GROUP 5 BERT PREMUROSO ERIC JABLIN JODY BARNETT SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ,2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER G:\attorney-share\RESOLUTlONS\declaring results of 2008 election - reso 24 2008.docx 2 Date Prepared: February 12, 2008 Resolution 24, 2008 EXHIBIT A CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 29,2008 Meeting Date: March 20,2008 Resolution: 25,2008 Sub j ect/Agenda Item: Resolution providing for appointment of the Mayor, Vice Mayor. [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: City Attorney Submitted by: Patricia Snider, City Clerk M Department A&strator APP$f2 City Manag originating Dept.: City Clerk Advertised: Date: Paper [ INotRequired [ JNotrequired $- Current FY Budget Acct.#: Council Action: r IAPP~V~ [ ]Appmvedw/ conditions [ IMed [ ] Continued to: Attachments: [ ]None Date Prepared: February 29, 2008 Meeting Date: March 20,2008 Resolution: 25,2008 BACKGROUND: Section 4-3 of the City Charter provides that the City Council appoint a Mayor and Vice Mayor at its annual organizational meeting held during the month of March. 0 STAFF RECOMMENDATION: Staff recommends approval of Resolution 25,2008. Date Prepared: February 12, 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 25,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE MAYOR AND VICE MAYOR FOR THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 4-3 of the Charter of the City of Palm Beach Gardens, the City Council annually selects members of the City Council to serve as Mayor and Vice Mayor at its organizational meeting held during the month of March. 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. Pursuant to Section 4-3 of the City Charter, the following persons shall be and are hereby appointed and named to the following offices of the City of Palm Beach Gardens, Florida: MAYOR: VICE MAYOR: SECTION 3. The above-named Mayor and Vice Mayor shall hold office until the next annual organizational meeting of the City Council or until their successors shall be appointed and qualified in accordance with the Charter of the City of Palm Beach Gardens, Florida. SECTION 4. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: February 12, 2008 Resolution 25, 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 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Mayor BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER G:\attorney-share\RESOLUTlONS\appt of mayor and vice mayor - reso 25 2008.docx 2 cz ELEL 0 0 =r 0 41 g 5' Is Fi F 2 2. Ln i ru 4 2. n I I rw I 3 2. I I I P @S ;;a G -0 01 I wz 51 f K 01 Y B Fa 5. a < Y 7; 7; $ $ c( I -. 2 1 2. 3 F s 5. a < Y 4 0 a Y W R 5 R P'3, s pn f a 2 e CD w a % 0' W 0 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 01 · 17 · 08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 January 17, 2008 4 5 The January 17, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:04 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Joseph Russo. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Joseph Russo, Vice Mayor David Levy and Council Member Jody 13 Barnett Council. Council Member Eric Jablin and Council Member Hal Valeche were 14 absent. 15 III. ADDITIONS, DELETIONS, MODIFICATIONS 16 a. Consent: Proclamation for the American Heart Association declaring February 1, 17 2008 as Wear Red for Women Day. 18 b. City Manager’s Report: Water restrictions update. 19 c. Part I – Quasi-judicial: Resolution 4, 2008 – Signage Program for the Palm Beach 20 Gardens Medical Center postponement until February 7, 2008. 21 d. Part I – Quasi-judicial: Resolution 5, 2008 – Signage Program for the PGA Financial 22 Center Building postponement until February 7, 2008. 23 MOTION 24 Motion made by Vice Mayor Levy to approve Additions, Deletions and Modifications as 25 read, seconded by Council Member Barnett and carried by unanimous vote, 3–0. 26 VI. ANNOUNCEMENTS AND PRESENTATIONS 27 a. Mayor Russo presented a check for $23,500.00 to Carla-Paula daSilva, Supervisor 28 Social Work/Homeless Program Coordinator and Pam Frederich, Program Manager, 29 Director’s Office Service on behalf of the Veterans Affairs Medical Center from the 30 Veterans Day Golf Tournament. 31 b. Mayor Russo presented a plaque to Gary Frechette, Security Director, The Gardens 32 Mall, for the Platinum Level support of the Second Annual Veterans Day Golf 33 Tournament. 34 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 35 REPORTS 36 Council Member Jody Barnett thanked the PGA Homeowners Association for inviting 37 the Council Members to their meeting. Council Member Barnett reported attending a 38 County budget meeting, which she found informative and helpful. The County is seeking 39 input from residents on possible areas for budget cuts. Council Member Barnett 40 expressed her wish that Palm Beach Gardens hold similar meetings. Mayor Russo and 41 Vice Mayor Levy expressed their agreement. 42 Vice Mayor Levy reported attending the January 7, 2008 North County 43 Intergovernmental Committee meeting. He expressed concern that the proposed Florida 44 Hometown Democracy Ballot Initiative is not in the best interest of Florida and 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 01 · 17 · 08 recommended against signing petitions to have it placed on the ballot. Also discussed was 1 the proposed railroad corridor including the TriRail and Transit-Oriented Development. 2 Mayor Russo thanked the Palm Beach Gardens Residents’ Coalition for hosting himself, 3 Ron Ferris, City Manager and Kara Irwin, Growth Management Administrator, at a well 4 run meeting with great questions. Mayor Russo reported he and Vice Mayor Levy 5 attended the Biotech Overlay meeting. The economic impact data for this year is 6 $230,000,000.00, 2,000 jobs and $11,000,000.00 in additional taxes for the State. 7 VI. CITY MANAGER REPORT 8 a. Kara Irwin, Growth Management Administrator, reported objection to the Land Use 9 Amendment for the Roan Lane Value Hotel was made through the Intergovernmental 10 Plan Amendment Review Committee (IPARC) process. The Petitioner and the County 11 were both given the opportunity to present their side. The Fact Finding Panel resolved the 12 County had sufficient information, but it was not sufficiently analyzed and a conflict does 13 exist. The report will be sent to the Department of Community Affairs (DCA) when the 14 Small-Scale Amendment is submitted. Kara Irwin stated she will continue to follow this 15 Amendment and the Zoning Amendments that go with it including a variance for hours of 16 operation. 17 b. Stephen Stepp, Chief of Police, addressed the Crime Prevention Through 18 Environmental Design (CPTED) requirement for Metal Halide lamps. Lighting should 19 meet the standards of the Illuminating Engineering Society of North America. The issue 20 is the light spillage and trespass onto private property. New products look good, come in 21 appropriate height and come in lower wattage. With adjustment to the lights and 22 deflection the issues should be eliminated. 23 c. David Reyes, Code Enforcement Operations Director, reported that on January 15, 24 2008 the new South Florida Water Management District regulations went into effect and 25 the Code Enforcement and Police Departments are working together on enforcement. 26 Mayor Russo inquired if gated communities are monitoring themselves and stated that 27 compliance is the goal, not fines 28 d. Ron Ferris, City Manager, reported the Florida Department of Transportation (FDOT) 29 informed him the paving of PGA Boulevard West of Florida’s Turnpike will be 30 completed before the opening of the Honda Classic (February 25 — March 2, 2008). 31 VII. COMMENTS FROM THE PUBLIC 32 Mayor Russo opened the floor to public comment. 33 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, thanked Chief Stepp for 34 dimming the lights at Paloma. 35 Bill Wehrman, 11278 Glen Oaks Court, North Palm Beach stated that the 36 Waterford/Wyndham Garden Hotel continues to violate the provisions against outdoor 37 dining, outdoor music or outdoor speakers. He described the events and the violations 38 that have occurred since the approval of Resolution 2, 2008 two weeks ago. Mr. 39 Wehrman requested compliance with the limitations put in place with previous 40 management and accepted by present management. 41 Mayor Russo asked David Reyes, Code Enforcement Operations Director, what is being 42 done about the violations. David Reyes stated Code Enforcement has visited the hotel 43 several times and moved some tables and the first correction request has been issued. At 44 this time the hotel is in compliance. Code Enforcement has not witnessed any other 45 violations. Donaldson Hearing, Cotleur & Hearing, representing the Waterford/Wyndham 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 01 · 17 · 08 Garden Hotel, stated the hotel does intend to comply with the restrictions and has tried to 1 reach Twelve Oaks’ management to set up a meeting. Mayor Russo reiterated the 2 importance of communication. He asked if both sides are willing to meet, to which both 3 Mr. Wehrman and Mr. Hearing agreed. 4 Barry Norton, 11337 Briarwood Place, North Palm Beach, president of the Twelve Oaks 5 Board of Directors, stated he has more complaints recently than ever before and that what 6 Don Hearing and Jim Geiger, Pinnacle Hospitality Group, are saying is not what is 7 happening. 8 Mary Eileen Farrell, 8523 Doverbrook Drive, Garden Oaks, requested the Recreation 9 Department return the senior activities to the firm footing it once enjoyed and to return 10 the travel reservations to a local agency. Mayor Russo acknowledged the problem and he 11 and Ron Ferris, City Manager, stated that it is being addressed. 12 Terence Brady, 4409 Lacey Oak, president of the Palm Beach Gardens Residents’ 13 Coalition, thanked Mayor Russo; Ron Ferris, City Manager; Kara Irwin, Growth 14 Management Administrator; and the Council Members for attending their Saturday, 15 January 12, 2008 meeting. Mr. Brady extended an invitation to all Council Members to 16 attend the Coalition’s next meeting on Saturday, February 9, 2008 at 10:00 a.m. for a 17 candidates’ forum. 18 Tom Cairnes, PGA Corridor Association, invited the Council Members to attend the 19 Association’s Tuesday, March 11, 2008 meeting at 11:30 a.m. at the PGA Boulevard 20 Doubletree Hotel where the Hometown Democracy initiative will be addressed in an 21 educational format. 22 Mayor Russo closed the floor to public comment. 23 VIII. CONSENT AGENDA 24 a. Arbor Day Proclamation. 25 MOTION 26 Motion made by Vice Mayor Levy to approve the Consent Agenda, seconded by Council 27 Member Barnett and carried by unanimous vote, 3–0. 28 Vice Mayor Levy acknowledged David Haley, American Heart Association, and 29 requested that everyone remember to wear red on Friday, February 1, 2008. 30 Council Member Barnett stated Arbor Day would be celebrated at Lake Catherine Park 31 on Friday, January 18, 2008 and Tree Day would be celebrated at the Green Market on 32 Sunday, January 20, 2008. 33 IX. PUBLIC HEARINGS 34 Part I – Quasi-judicial – Mayor Russo announced the procedures that would be 35 followed in tonight’s quasi-judicial proceedings. The City Clerk swore in all those 36 intending to offer testimony in any of tonight’s public hearings. Mayor Russo opened the 37 public hearing. 38 a. Resolution 4, 2008 – Signage Program for the Palm Beach Gardens Medical Pavilion. 39 A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending 40 the signage program for the Palm Beach Gardens Medical Pavilion, located at the 41 Northwest corner of PGA Boulevard and Fairchild Gardens Avenue within the Regional 42 Center Development of Regional Impact (DRI), as more particularly described herein; 43 providing conditions of approval; providing waivers; and providing an effective date. 44 Mayor Russo invited comments from the public, to which there was no response and the 45 public hearing was closed. 46 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 01 · 17 · 08 MOTION 1 Motion made by Vice Mayor Levy to postpone Resolution 4, 2008 for an indefinite 2 period, seconded by Council Member Barnett and carried by unanimous vote, 3–0. 3 b. Resolution 5, 2008 – Signage Program for the PGA Financial Center Building. A 4 Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending the 5 signage program for the PGA Financial Center Building located at the Northeast corner 6 of PGA Boulevard and Fairchild Gardens Avenue within the Regional Center 7 Development of Regional Impact (DRI), as more particularly described herein; providing 8 waivers; providing conditions of approvals; and providing an effective date. 9 Mayor Russo opened the floor to public comment. With no response the public hearing 10 was closed. 11 MOTION 12 Motion made by Vice Mayor Levy to postpone Resolution 5, 2008 for an indefinite 13 period, seconded by Council Member Barnett and carried by unanimous vote, 3–0. 14 Part II – Non-Quasi-judicial 15 c. Resolution 8, 2008 – Gardens Pointe Replat. A Resolution of the City Council of the 16 City of Palm Beach Gardens, Florida, approving the Gardens Pointe Replat; and 17 providing an effective date. 18 Mayor Russo opened the floor to public comment. With no response the public hearing 19 was closed. 20 MOTION 21 Motion made by Vice Mayor Levy to approve Resolution 8, 2008, seconded by Council 22 Member Barnett and carried by unanimous vote, 3–0. 23 X. RESOLUTIONS 24 None. 25 XI. ORDINANCES (For Consideration on First Reading) 26 None. 27 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 28 a. Resolution 10, 2008 – Florida League of Cities Key Priority Issues. A Resolution of 29 the City Council of the City of Palm Beach Gardens, Florida urging members of the 30 Florida Legislature to support the following issues during the 2008 Legislative Session; 31 and providing an effective date. 32 Mayor Russo opened the floor to public comment. With no response the public hearing 33 was closed. 34 MOTION 35 Motion made by Vice Mayor Levy to approve Resolution 10, 2008, seconded by Council 36 Member Barnett and carried by unanimous vote, 3–0. 37 XIII. CITY ATTORNEY REPORT 38 None. 39 40 (The remainder of this page intentionally left blank.) 41 42 43 44 45 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 01 · 17 · 08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, the meeting was adjourned 2 at 8:00 p.m. 3 4 APPROVED: 5 6 ________________________________ 7 Mayor 8 9 10 ________________________________ 11 Vice Mayor 12 13 14 ________________________________ 15 Council Member 16 17 18 ________________________________ 19 Council Member 20 21 22 ________________________________ 23 Council Member 24 25 26 27 Attest: 28 29 30 ________________________________ 31 Patricia Snider, CMC 32 City Clerk 33 34 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 35 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 36 All referenced attachments on file in the City Clerk’s office. 37 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 02 07•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 February 7, 2008 4 5 The February 7, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:03 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Joseph Russo. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Jody 13 Barnett, and Council Member Hal Valeche. Council Member Eric Jablin was absent. 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 Applicant requested postponement until date certain of April 3, 2008 of the following 16 Ordinances: Part I – Quasi-judicial, Ordinance 1, 2008 – (1st Reading), Establishment of 17 the Parcel 5A Community Development District and Ordinance 2, 2008 – (1st Reading), 18 Establishment of the Parcel 5B Community Development District. 19 Council Member Hal Valeche requested Resolution 19, 2008 – Protecting Florida’s 20 Investments Act, be moved up on the agenda to follow the Consent Agenda. 21 MOTION 22 Motion made by Vice Mayor Levy, seconded by Council Member Barnett, to approve the 23 requested Additions, Deletions, and Modifications as noted, carried by unanimous vote, 24 4–0. 25 Mayor Russo stated the City of Palm Beach Gardens will lose approximately 26 $2,000,000.00 in tax revenue this year as a result of the State of Florida Amendment 1 27 being approved in the January 29, 2008 election. Following the City’s election of 28 March 11, 2008 town hall meetings will be held to get citizen input of possible budget 29 cuts that can be made. 30 VI. ANNOUNCEMENTS AND PRESENTATIONS 31 Mike Kelly, Parks Director, introduced Marion Van Den Berg, Branch Manager, HSBC 32 Bank USA, N.A. who presented the City with a $10,000.00 donation, which will pay for 33 a scoreboard at the Amanda Buckley Memorial Field of Dreams. Mayor Russo thanked 34 Ms. Van Den Berg and HSBC Bank for the donation. 35 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 36 REPORTS 37 Council Member Jody Barnett reported on the proceedings at the Community Aesthetics 38 Board (CAB) meeting of February 6, 2008 where the Military Trail Grants for the year 39 were awarded. The committee was frugal in their decisions based on the knowledge that 40 funds will be tight. 41 Vice Mayor David Levy reported on the proceedings of the Parks and Recreation 42 Advisory Board (RAB) meeting of January 28, 2008 when a new chair, Tory Buckley 43 and vice chair, Timothy Frohling, were elected. Both gentlemen were introduced to the 44 Council and audience. Vice Mayor Levy expressed his thanks to Bert Premuroso, the 45 retiring chairman. The RAB will undertake the master planning of Lilac Park and City 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 02 07•08 Park and will be soliciting input from residents. Vice Mayor Levy attended the League of 1 Cities Environmental Committee meeting where the subject was the western landfill, 2 which is being proposed by the Solid Waste Authority. Vice Mayor Levy was impressed 3 with the plans. Vice Mayor Levy attended the Loxahatchee River Coordinating Council 4 meeting where a chair and vice chair were elected. The application of Flow Way 1 was 5 discussed. The members took a canoe trip into River Bend Park, which has been 6 historically restored. 7 Council Member Hal Valeche expressed his regret over not being on the Council to help 8 with the new budget. 9 Mayor Joseph Russo announced he attended the opening of the Palm Beach Community 10 College (PBCC) Bioscience Education Center and expressed his appreciation of the 11 positive impact the college has on the area. Mayor Russo reported he and Stacy Rundle 12 met with Congressman Klein’s Palm Beach County representative where federal funding 13 was discussed. Mayor Russo expressed his concern for the Ag Reserve. He would like a 14 letter to be drafted to the County expressing concern about the Vavrus and Mecca lands 15 and request our involvement in future decisions because of the impact on the City of 16 Palm Beach Gardens. Mayor Russo asked that staff monitor the situation. Mayor Russo 17 requested consensus from Council, to which all agreed, 4-0. Mayor Russo introduced Ed 18 McEnroe of the Honda Classic. 19 Ed McEnroe, Honda Classic Tournament Director, expressed his appreciation to the City 20 for the support for the event. New players have committed to playing in the Honda 21 Classic, which will attract more attention. Mayor Russo thanked Ed McEnroe for the 22 donation to the City. 23 VI. CITY MANAGER REPORT 24 Ron Ferris, City Manager, stated the problems with the senior citizens activities program 25 are being addressed. Staff has reviewed issues at the MacArthur Boulevard tree 26 roundabout and is addressing them. Concerns about cars turning left at Midtown (Borland 27 Center) exit on to PGA Boulevard are being addressed. A letter has been sent to the 28 Florida Department of Transportation requesting a traffic diverter to prevent the left turn 29 and keep cars traveling West. A copy of upcoming state and county road construction 30 plans within the City has been given to each Council Member. 31 VII. COMMENTS FROM THE PUBLIC 32 Mayor Russo opened the floor to public comment. 33 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, expressed her concern 34 that Union Square still has holiday lights lit. Christine Tatum, City Attorney, stated Code 35 Enforcement is aware of the holiday lights and is also pursuing two court cases regarding 36 Union Square’s other sign issues. 37 Suzanne Archer, 3187-B Gardens East Drive (Sandalwood), Palm Beach Gardens, 38 addressed code violation issues within her Sandalwood community. Christine Tatum, 39 City Attorney, stated the issues stem from the permitting process following the 40 hurricanes. Vice Mayor Levy questioned if building code enforcement is a problem. 41 David Reyes, Code Enforcement Operations Director, stated only the electrical work 42 required a permit, which it did not originally have. A citation was issued, a permit was 43 secured, the problems corrected, inspected and approved, and the case was closed. Jody 44 Barnett, Council Member, asked Christine Tatum, City Attorney, if a letter has been 45 issued stating that work is done to the City of Palm Beach Gardens’ code. Christine 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 02 07•08 Tatum replied that Ms. Archer was issued a copy of the Emergency Ordinance that 1 Council passed at the time of the hurricanes, a letter has been sent to Council with a copy 2 to Suzanne Archer explaining what the process was and why there wasn’t more 3 documentation. Todd Engle, Construction Services Director, stated permits for the air 4 conditioner (AC) skirts were issued under the original hurricanes and repair permits after 5 Hurricane Wilma. They are final and have been audited and found to be in compliance. 6 Certificates of Completion can be given to anyone needing one for any insurance 7 company. Ms. Archer again addressed Council. Mayor Russo inquired if Ms. Archer is a 8 member of the Sandalwood Homeowners Association Board of Directors, to which she 9 replied she is not. Mayor Russo explained only a homeowners association board member 10 can speak for the community. 11 Dr. Patty Anderson, Provost, Palm Beach Community College Eissey Campus, 3160 12 PGA Boulevard, Palm Beach Gardens, spoke on behalf of the PGA Corridor Association 13 and the biotech industry. 14 Eileen Tucker, Shady Lakes, Palm Beach Gardens, thanked Council Member Jody 15 Barnett for her support of the residents. Ms. Tucker announced a forum for the six 16 candidates for Council to take place on Saturday morning (February 9, 2008) at the 17 Woodland Lakes clubhouse. 18 Adam Robin, 5000 Portofino Circle, Palm Beach Gardens, thanked the Council Members 19 that attended the candidates’ forum. 20 Roger Blangy, 11658 Hemlock Street, (Garden Woods) Palm Beach Gardens, stated the 21 costs involved with the Florida East Coast (FEC) Railroad crossing at Kyoto Gardens 22 Drive. 23 Mayor Russo closed the floor to public comment. 24 VIII. CONSENT AGENDA 25 Mayor Russo stated he is a member of the Honda Classic Foundation Board of Directors. 26 Christine Tatum, City Attorney, confirmed Mayor Russo is able to participate in the vote 27 regarding the Honda Classic. 28 a. Approve minutes from December 6, 2007 regular City Council meeting. 29 b. Approve minutes from December 20, 20078 regular City Council meeting. 30 c. Approve minutes from January 3, 2008 regular City Council meeting. 31 d. Resolution 9, 2008 – Honda Classic PGA Golf Tournament. A Resolution of the City 32 Council of the City of Palm Beach Gardens, Florida approving an Agreement with the 33 Children’s Healthcare Charity, Inc. for the 2008 Honda Classic PGA Golf Tournament to 34 provide temporary volunteer parking, a public safety grant for off-duty Police and Fire 35 personnel, and an operations support grant to provide reimbursement for l abor, 36 supervision, materials, and supplies for the operation of the event; and providing an 37 effective date. 38 e. Proclamation – Congenital Heart Defects Awareness Week. 39 f. Proclamation – ArtiGras Weekend. 40 g. Proclamation – Proclamation – Amanda Buckley Memorial Field Dedication. 41 h. Proclamation – National Engineers Week. 42 MOTION 43 Motion made by Vice Mayor Levy to approve the Consent Agenda, seconded by Council 44 Member Barnett and carried by unanimous vote, 4–0. 45 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 02 07•08 IX. RESOLUTIONS 1 Per the unanimous vote under Item III: Additions, Deletions and Modifications, 2 Resolution 19, 2008 has been moved to take place before the Public Hearings. 3 a. Resolution 19, 2008 – Protecting Florida’s Investments Act. A Resolution of the City 4 Council of the City of Palm Beach Gardens, Florida declaring the intent of the City 5 Council to ensure that Boards of the Pension Funds of the City operate consistently with 6 the “Protecting Florida’s Investments Act” by identifying companies doing business with 7 Iran’s energy sector and with the Sudan, and divesting from those companies; and 8 providing an effective date. 9 Council Member Valeche offered background on the economic sanctions against Iran and 10 rogue states, such as the Sudan. He noted the potentially negative impact on companies 11 doing business with these countries. He noted it will be prudent for our pension boards to 12 follow the procedures established by the State Legislature and mirror what they do. We 13 will follow the suggestions and recommendations of the State Board of Administration 14 and apply them to our own pension funds. 15 Mayor Russo opened the public hearing. 16 Gary Walk, 13451 Wm Myers Court, Palm Beach Gardens, Chairman, Community 17 Relations Council, Jewish Federation of Palm Beach County, thanked Council Member 18 Valeche for his support of Resolution 19, 2008. Mr. Walk stated the Resolution was 19 passed by both houses of the legislature and signed by the Governor. He stated his 20 support for Resolution 19, 2008. 21 Amir Kanel, Palm Beach Gardens, stated his support for Resolution 19, 2008. 22 Mayor Russo closed the public hearing. 23 MOTION 24 Motion made by Council Member Valeche in support of Resolution 19, 2008, seconded 25 by Vice Mayor Levy and carried by unanimous vote, 4–0. 26 X. PUBLIC HEARINGS 27 Part I – Quasi-judicial 28 Mayor Russo announced the procedures that would be followed in tonight’s quasi-29 judicial proceedings. The City Clerk swore in all those intending to offer testimony in 30 any of tonight’s public hearings. Mayor Russo opened the public hearing. 31 Council Member Barnett inquired why the hearing was postponed. Christine Tatum, City 32 Attorney, stated a letter requesting postponement was received from the applicant just 33 before the meeting. 34 a. Ordinance 1, 2008 – (1st reading) Establishment of the Parcel 5A Community 35 Development District. An Ordinance of the City of Palm Beach Gardens, Florida 36 establishing the Parcel 5A Community Development District pursuant to the provisions 37 of Section 190.005, Florida Statutes; designating the powers of the District; and 38 providing an effective date. 39 Mayor Russo requested any ex parte communication. Vice Mayor Levy declared a 40 conversation with Sharon Long directly before tonight’s meeting. Mayor Russo, Council 41 Member Valeche and Council Member Barnett declared no ex parte communication. 42 Sharon Long, 4267 Linden Avenue, (Gardens Woods) Palm Beach Gardens, expressed 43 her reasons for opposing both Ordinance 1, 2008 and Ordinance 2, 2008. 44 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 02 07•08 Providence Oquoye, 1926 10th Avenue N, Lake Worth, Florida, Realtors Association of 1 the Palm Beaches, expressed her reasons for opposing both Ordinance 1, 2008 and 2 Ordinance 2, 2008. 3 Mayor Russo closed the public hearing. 4 MOTION 5 Motion made by Vice Mayor Levy postponing Ordinance 1, 2008 to date certain of 6 April 3, 2008, seconded by Council Member Valeche and carried by unanimous vote, 7 4-0. 8 b. Ordinance 2, 2008 – (1st reading). Establishment of the Parcel 5B Community 9 Development District. An Ordinance of the City Council of the City of Palm Beach 10 Gardens, Florida establishing the Parcel 5B Community Development district pursuant to 11 the provisions of Section 190.005, Florida Statutes; designating the powers of the 12 District; and providing an effective date. 13 Mayor Russo opened the public hearing and requested the record reflect ex parte 14 communication from Ordinance 1, 2008 for Ordinance 2, 2008. Mayor Russo requested 15 the record attribute the comments from Ordinance 1, 2008 for Ordinance 2, 2008. 16 MOTION 17 Motion made by Vice Mayor Levy postponing Ordinance 2, 2008 to date certain of April 18 3, 2008, seconded by Council Member Valeche and carried by unanimous vote, 19 4-0. 20 Mayor Russo closed the public hearing. 21 c. Ordinance 3, 2008 – (1st reading) Benjamin Private High School Planned Unit 22 Development. An Ordinance of the City Council of the City of Palm Beach Gardens, 23 Florida amending Ordinance 30, 2000 and Ordinance 4, 2003 relating to the Benjamin 24 Private High School Planned Unit Development located at the Northwest corner of 25 Central Boulevard and Grandiflora Road to transfer the site plan approval and related 26 waivers and conditions to a separate Resolution; and providing an effective date. 27 Council Member Valeche declared his daughter is a student at The Benjamin School and 28 inquired if he had a conflict of interest. Christine Tatum, City Attorney, stated he did not. 29 Mayor Russo opened the public hearing and requested ex parte communication to which 30 each Council Member declared none. 31 Anne Booth, Urban Design Studios, representing Benjamin Private High School, 32 requested approval of a monument sign on Central Boulevard making it easier to find the 33 school. 34 There being no one wishing to speak for or against, Mayor Russo closed the public 35 hearing. 36 MOTION 37 Motion made by Vice Mayor Levy approving Ordinance 3, 2008 on 1st reading for 38 adoption, seconded by Council Member Valeche and carried by unanimous vote, 39 4-0. 40 Council Member Barnett stated The Benjamin School sign is beautiful. She then went on 41 to request Council review the sign code and amend it to have all signs 50 square feet or 42 larger come before Council for review. Mayor Russo stated he did not believe a new 43 Ordinance was needed, but he would like Council to discuss the issue with staff. 44 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 02 07•08 Part II – Non-Quasi-judicial 1 a. Ordinance 32, 2007 – (2nd reading and adoption) Fiscal Year 2006/2007 Budget 2 Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, 3 Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning 4 October 1, 2007, and ending September 30, 2007, inclusive; and providing an effective 5 date. 6 Mayor Russo opened the public hearing. 7 Alan Owens, Finance Administrator, stated there have been no changes since the 1st 8 reading. He offered a presentation, which was declined, and he offered to answer 9 questions. 10 There being no one wishing to speak for or against, Mayor Russo closed the public 11 hearing. 12 MOTION 13 Motion made by Vice Mayor Levy approving Ordinance 32, 2007 on 2nd reading and 14 adoption, seconded by Council Member Barnett and carried by unanimous vote, 15 4-0. 16 b. Ordinance 33, 2007 – (2nd reading and adoption) Fiscal Year 2007/2008 Budget 17 Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, 18 Florida amending the City of Palm Beach Gardens’ Budget for the Fiscal Year beginning 19 October 1, 2007, and ending September 30, 2008, inclusive; and providing an effective 20 date. 21 Mayor Russo opened the public hearing. 22 Alan Owens, Finance Administrator, stated there have been no changes since the 1st 23 reading. He offered a presentation, which was declined, and he offered to answer 24 questions. 25 There being no one wishing to speak for or against, Mayor Russo closed the public 26 hearing. 27 MOTION 28 Motion made by Vice Mayor Levy approving Ordinance 33, 2007 on 2nd reading and 29 adoption, seconded by Council Member Barnett and carried by unanimous vote, 30 4-0. 31 XI. ORDINANCES (For Consideration on First Reading) 32 None. 33 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 34 a. Vice Mayor Levy stated Irma Jarvis, who has been doing Plat 1 Crime Watch for the 35 last 3 years, has retired to return to school. Vice Mayor Levy requested a brick be done 36 for her. Mayor Russo acknowledged her service and stated there are specific policies 37 governing bricks, but a certificate of appreciation could be done. Mayor Russo suggested 38 the matter be brought to staff for a recommendation. 39 XIII. CITY ATTORNEY REPORT 40 None. 41 42 (The remainder of this page intentionally left blank.) 43 44 45 46 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 02 07•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, the meeting was adjourned 2 at 8:11 p.m. 3 4 APPROVED: 5 6 ________________________________ 7 Mayor 8 9 10 ________________________________ 11 Vice Mayor 12 13 14 ________________________________ 15 Council Member 16 17 18 ________________________________ 19 Council Member 20 21 22 ________________________________ 23 Council Member 24 25 26 27 Attest: 28 29 30 ________________________________ 31 Patricia Snider, CMC 32 City Clerk 33 34 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 35 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 36 All referenced attachments on file in the City Clerk’s office. 37 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1 02•21•08 CITY OF PALM BEACH GARDENS 1 CITY COUNCIL 2 REGULAR MEETING 3 February 21, 2008 4 5 The February 21, 2008 Regular Meeting of the City Council of the City of Palm Beach 6 Gardens, Florida, was called to order at 7:00 p.m. in the Council Chambers of the 7 Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 8 by Mayor Joseph Russo. 9 I. PLEDGE OF ALLEGIANCE 10 II. ROLL CALL 11 The City Clerk called the roll and the following elected officials were found to be in 12 attendance: Mayor Joseph Russo, Vice Mayor David Levy, Council Member Jody 13 Barnett, and Council Member Hal Valeche. Council Member Eric Jablin was absent. 14 III. ADDITIONS, DELETIONS, MODIFICATIONS 15 Modifications: Resolution 12, 2008 – Amendment to the Approved DoubleTree Hotel 16 Planned Unit Development. The applicant requests that Condition 5 of Resolution 12, 17 2008 be modified to allow for the conversion of pedestrian crossing signals to occur prior 18 to the second Certificate of Occupancy for the DoubleTree North site. 19 MOTION 20 Motion made by Vice Mayor Levy, seconded by Council Member Barnett, to approve the 21 requested Additions, Deletions, and Modifications as noted, carried by unanimous vote, 22 4–0. 23 VI. ANNOUNCEMENTS AND PRESENTATIONS 24 Chief Stephen Stepp presented the Annual Police Department Crime Report. 25 V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE 26 REPORTS 27 Council Member Jody Barnett reported the past weekend was the opening ceremony for 28 softball, which was a wonderful family event. 29 Vice Mayor David Levy stated he did attend the softball season opening, but would be 30 unable to attend the baseball season opening this coming weekend because of a 31 commitment in Tampa. 32 Council Member Hal Valeche has been to several candidate forums. Unfortunately, they 33 are not well attended. 34 Mayor Joseph Russo thanked staff for their work on the Amanda Buckley Memorial 35 Field of Dreams dedication ceremony (February 9, 2008). Amanda is sorely missed, but 36 the field will go on and her life will be remembered. Mayor Russo reported attending the 37 Biotech Overlay meeting. The Max Planck Society has a science exhibit to send here to 38 display for six months. An appropriate venue is being sought. Dr. Lerner is coming in for 39 the April meeting. Mangonia Park has had its Comprehensive Plan approved. Riviera 40 Beach and Lake Park should have their Comprehensive Plans completed this summer. 41 With permission from Council earlier this year, Mayor Russo met with the PGA Resident 42 Corridor Coalition regarding the waiver process. The meetings went well and Mayor 43 Russo believes there is an agreement in principle. The suggested solution will be 44 presented to the new Council in March with adoption in April. The Honda Classic begins 45 next week. 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2 02•21•08 VI. CITY MANAGER REPORT 1 None. 2 VII. COMMENTS FROM THE PUBLIC 3 Mayor Russo opened the floor to public comment. 4 Michael O’Rourke, 150 North Bridge Drive, stated he is trying to put together a traveling 5 basketball program that deals with students who attend Palm Beach Gardens High 6 School. He is having trouble finding a location to play. The Burns Road Recreation 7 Center’s fees are too expensive. He requested Council assist him in finding a location. 8 Ron Ferris stated Mr. O’Rourke is not part of the recreation program and it is not a Palm 9 Beach Gardens High School-sponsored program. The players are not all residents. Palm 10 Beach Gardens does have a league and a season. We do not get involved in travel 11 leagues. We have a policy that addresses this situation. Charlotte Presensky can help with 12 scheduling outdoor courts, which are more readily available. 13 Lou Gaeta, 5220 Hood Road, Palm Beach Gardens, representing the PGA Corridor 14 Association, thanked Council and staff members that attended the Economic Forecast 15 breakfast. Dr. Fishkind has offered to do a smaller forum, perhaps 80 to 100 people. 16 Roger Blangy, 11658 Hemlock Street, (Garden Woods) Palm Beach Gardens, stated past 17 Mayor Eric Jablin signed a contract with the Florida East Coast (FEC) Railroad that 18 should not have been signed. Mr. Blangy stated Council Member Jablin should not run 19 for re-election and should resign from public office. Mr. Blangy stated the FEC Railroad 20 crossing at Kyoto Gardens Drive will be the most dangerous in Palm Beach Gardens. Mr. 21 Blangy requested a meeting with all parties involved, discuss the facts and come to a 22 solution. 23 Mayor Russo stated that at the time Mayor Jablin was directed by Council with a 24 unanimous vote to go forward. City Attorney Christine Tatum stated her concern since 25 this is the second meeting where this issue was presented. Christine Tatum explained 26 there was no secret deal, it was a settlement of litigation, conducted in the open, was on 27 the agenda and the entire Council was made aware of the details. The entire Council 28 voted on the matter. The money paid to the FEC Railroad is a license fee, which is 29 charged every time their right of way is crossed. Mayor Russo stated he felt singling out 30 Mayor Jablin was wrong because he only did what the Council directed him to do with 31 staff’s approval. Mayor Russo noted Mr. Blangy’s political statement against Council 32 Member Jablin was inappropriate. 33 With no additional comment cards, Council moved to the Consent Agenda. 34 VIII. CONSENT AGENDA 35 Mayor Russo stated he is a member of the Honda Classic Foundation Board of Directors. 36 Christine Tatum, City Attorney, confirmed Mayor Russo is able to participate in the vote 37 regarding the Honda Classic. 38 a. Resolution 17, 2008 – Appointing Dr. Arthur Anderson to the City of Palm Beach 39 Gardens Canvassing Board. A Resolution of the City Council of the City of Palm Beach 40 Gardens, Florida appointing the Supervisor of Elections to the City’s canvassing board 41 and authorizing the Supervisor of Elections to act on the City’s behalf; authorizing the 42 City Clerk to appoint Election Officials for the purpose of conducting the Municipal 43 Election; and providing an effective date. 44 b. Proclamation – Honda Classic Week. 45 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3 02•21•08 MOTION 1 Motion made by Vice Mayor Levy to approve the Consent Agenda, seconded by Council 2 Member Barnett and carried by unanimous vote, 4-0. 3 IX. PUBLIC HEARINGS 4 Part I – Quasi-judicial 5 Mayor Russo announced the procedures that would be followed in tonight’s quasi-6 judicial proceedings. The City Clerk swore in all those intending to offer testimony in 7 any of tonight’s public hearings. Mayor Russo opened the public hearing. 8 a. Resolution 4, 2008 – Amendment to the Signage Program for the Palm Beach 9 Gardens Medical Pavilion. A Resolution of the City Council of the City of Palm Beach 10 Gardens, Florida amending the signage program for the Palm Beach Gardens Medical 11 Pavilion located at the Northwest corner of PGA Boulevard and Fairchild Gardens 12 Avenue within the Regional Center Development of Regional Impact (DRI), as more 13 particularly described herein; providing conditions of approval; providing waivers; and 14 providing an effective date. 15 Mayor Russo requested ex parte communications, to which Council Members replied 16 none since the last meeting. 17 Brian Waxman, Applefield Waxman, stated his company owns the Palm Beach Gardens 18 Medical Pavilion. He explained the signage proposal for the building. Mr. Waxman 19 stated he met with Vice Mayor Levy to discuss the signage. 20 Mayor Russo interrupted Mr. Waxman and questioned his statement of meeting with 21 Vice Mayor Levy. It was determined the meeting took place on November 14, 2007, 22 which was before the last City Council meeting. At this time Vice Mayor Levy stated he 23 met with Donaldson Hearing and Peter Applefield and discussed the public benefit and 24 waivers. Brian Waxman continued his presentation. 25 Kara Irwin, Growth Management Administrator, explained there is no problem with the 26 approved signage, but the additional sign on the South elevation is not supported. 27 Mayor Russo opened the public hearing. With no one wishing to speak for or against, 28 Mayor Russo closed the public hearing. 29 Council Member Hal Valeche stated he believes the commercial interests should be 30 supported. He supports well done signage. Vice Mayor Levy stated he believes 31 identifying the building on both sides is a public benefit. The University of Miami is a 32 nonprofit large medical institution and Vice Mayor Levy is proud that Palm Beach 33 Gardens was chosen as its home. Vice Mayor Levy believes the criteria for granting a 34 waiver has been met and he does support this request. Vice Mayor Levy requested there 35 be a stipulation that if there is a change from the University of Miami the issue come 36 back before Council. Christine Tatum, City Attorney, stated the condition could not be 37 put into the Resolution. Once the waiver for the sign has been granted the content can not 38 be regulated. Vice Mayor Levy asked if Attorney Tatum was correct since a privilege 39 would be granted, not a right. Christine Tatum, City Attorney, stated the sign code does 40 not regulate on the basis of the content of what the sign said. If the applicant wanted to 41 accept the content as a voluntary condition we could possibly accept it. Attorney Tatum 42 does not recommend this type of condition. Vice Mayor Levy asked Brian Waxman if he 43 would agree to the condition, to which he replied he would. Christine Tatum, City 44 Attorney, stated the voluntary commitment to the condition can be added to the 45 Resolution. Vice Mayor Levy was satisfied. Mayor Russo stated his disagreement 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4 02•21•08 because a sign code is in place and other waivers have not been granted. Council Member 1 Barnett stated she believes the request is an enhancement for business and it is 2 aesthetically pleasing and better than some of what our code allows that might not be as 3 appealing. Council Member Barnett stated she is in favor of this waiver and she believes 4 each case should be considered individually. Ron Ferris, City Manager, expressed his 5 concern for staff and their ability to enforce a voluntary, not statutory, condition. Council 6 Member Valeche stated his support for the sign, but was unsure if the University of 7 Miami restriction in perpetuity was necessary. Vice Mayor Levy asked, if the condition is 8 approved would it not be enforceable just like any other condition? Christine Tatum, City 9 Attorney, stated that what is being approved is more akin to a private deed restriction. 10 Mayor Russo asked Attorney Tatum to meet with the applicants within the next week and 11 work out an agreement and bring it back at the next meeting under the Consent Agenda, 12 to which Attorney Tatum agreed. Mayor Russo asked if this was agreeable to the 13 applicant. Donaldson Hearing, Cotleur & Hearing, stated he would prefer to resolve the 14 issue tonight, but would come back if necessary. Attorney Tatum stated the present sign 15 code. 16 Council Member Barnett stated her support for the condition allowing the University of 17 Miami sign. Ron Ferris, City Manager, added the building is part of the Mall Property 18 Owners’ Association (POA) and it objects to the additional sign. Mayor Russo asked 19 where the Council stands on the matter. Vice Mayor Levy stated the issue has waited a 20 long time and could wait the two extra weeks to ensure it is done right. Donaldson 21 Hearing deferred to Vice Mayor Levy’s request. Mayor Russo stated Council does give 22 sign waivers, but there is usually justification. Council Member Barnett stated every new 23 project that has come before Council has had a sign waiver for its monument sign and she 24 does not see the distinction that a waiver can not be granted for this project. Mayor Russo 25 asked Kara Irwin, Growth Management Administrator, to meet with Council Member 26 Barnett and explain the waivers this project already has and the justification between now 27 and the next meeting. Council Member Barnett stated the Council can make policy 28 decisions and that is why she wishes to discuss the matter with Mayor Russo and not 29 Kara Irwin. Council Member Barnett does not understand the difference Mayor Russo 30 sees between this waiver and others. Mayor Russo stated the waiver process can be 31 reviewed at the next meeting. Council Member Valeche stated he believes there should 32 be a vote tonight. 33 MOTION 34 Motion made by Council Member Valeche approving Resolution 4, 2008, seconded by 35 Council Member Barnett. No vote was taken. 36 Discussion ensued about the motion with Council Member Levy stating he could not 37 approve it without the condition, which means it would fail. Council Member Barnett 38 stated she believed the language for the condition can be finalized at a later date. 39 Christine Tatum, City Attorney, stated there can be a vote to approve the Resolution and 40 make it contingent upon a separate agreement regarding the removal of the sign. It can 41 also be decided if the agreement should come back before Council or allow the 42 agreement to be signed at the staff level. Vice Mayor Levy said signing at the staff level 43 was acceptable to him. 44 45 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5 02•21•08 MOTION 1 Council Member Valeche moved to withdraw the first motion and Council Member 2 Barnett withdrew the second of the first motion. 3 MOTION 4 Motion made by Council Member Valeche to adopt Resolution 4, 2008 subject to an 5 agreement being codified between the applicant and staff regarding the content, wording 6 and removal of the sign, seconded by Council Member Barnett, approved by a 3-1 vote 7 with Mayor Russo dissenting. 8 b. Resolution 5, 2008 – Amendment to the Signage Program for the PGA Financial 9 Center Building. A Resolution of the City Council of the City of Palm Beach Gardens, 10 Florida amending the signage program for the PGA Financial Center building located at 11 the Northeast corner of PGA Boulevard and Fairchild Gardens Avenue within the 12 Regional Center Development of Regional Impact (DRI), as more particularly described 13 herein; providing waivers; providing conditions of approval; and providing an effective 14 date. 15 Mayor Russo opened the public hearing and requested any ex parte communication. 16 Council Member Barnett declared none. Vice Mayor Levy reported a phone call 17 yesterday (February 20, 2008) but the signs were not discussed. Council Member 18 Valeche declared receiving a phone call from the applicant yesterday. Mayor Russo 19 declared none. 20 Donaldson Hearing, Cotleur & Hearing, presented background and location of the PGA 21 Financial building. He also described the owner, the Lost Tree Village Corporation, and 22 other properties it owns. Donaldson Hearing then described the signage request and the 23 justification. 24 Kara Irwin, Growth Management Administrator, stated staff is recommending denial of 25 this application and explained the reasons. Mayor Russo asked Kara Irwin if she has been 26 consistent in her recommendations on sign waiver requests to which she replied that she 27 has. Council Member Barnett inquired about other building signage. Kara Irwin 28 explained the previous Growth Management Administrator did allow tenant signs on 29 office buildings, but code allows for tenant signs on commercial buildings. Council 30 Member Barnett concluded that Kara Irwin has been consistent in her recommendations, 31 but the City has not been consistent in its recommendations. Further discussion ensued. 32 Mayor Russo opened the public hearing. With no one wishing to speak for or against, 33 Mayor Russo closed the public hearing. 34 Mayor Russo stated he would recommend the sign code be reviewed. Council Member 35 Barnett stated her agreement on reviewing the sign code. Council Member Barnett 36 requested explanation of the sign locations, which Donaldson Hearing presented. Council 37 Member Valeche spoke in favor of reviewing the present sign Ordinances. Mayor Russo 38 explained the evolution of the present sign code. Vice Mayor Levy explained his opinion 39 about requested waivers. Council Member Barnett agreed with Council Member Valeche 40 and does recognize the need for the East sign. Donaldson Hearing stated the applicant 41 would be willing to accept the Chase sign on the East elevation only. Kara Irwin, Growth 42 Management Administrator, reminded Council this would be the third sign on the top 43 elevation of the building. Council Member Valeche stated the public benefit to the 44 additional signage is the prospect of not having vacant space on PGA Boulevard. 45 Donaldson Hearing stated the applicant is willing to compromise. He included the 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6 02•21•08 additional signs would be unlit. Christine Tatum inquired if Resolution 5, 2008 will be 1 changed to accommodate what Council will vote on. Kara Irwin stated if only the Chase 2 sign will be accepted Resolution 5, 2008 does need to be amended. Further discussion 3 ensued regarding the sign code. Christine Tatum, City Attorney, read the changes to be 4 made to Resolution 5, 2008: Section 2 – delete the phrase “two principal tenant signs on 5 the North elevation” so it will appear as only the one principal structure sign on the East; 6 Section 3, page 3 – delete No. 6; page 5 No. 10 would be photographic rendering two 7 sheets and delete the North building view elevation and just leave the East. 8 MOTION 9 Motion made by Vice Mayor Levy to approve Resolution 5, 2008 subject to the changes 10 made by the City Attorney, seconded by Council Member Valeche, approved by a 3-1 11 vote with Mayor Russo dissenting. 12 c. Resolution 12, 2008 – Amendment to the approved Doubletree Hotel Planned Unit 13 Development. A Resolution of the City Council of the City of Palm Beach Gardens, 14 Florida amending the Doubletree Hotel Planned Unit Development (PUD), located on the 15 Northeast corner of PGA Boulevard and Military Trail, allowing the development of a 16 15,358-square-foot executive meeting center, as more particularly described herein; 17 providing waivers; providing conditions of approval; and providing an effective date. 18 Mayor Russo opened the public hearing and requested any ex parte communication, with 19 none declared. 20 Marty Minor, Urban Design Studio, representing the proposed DoubleTree Hotel 21 executive meeting center presented the project. He described the location and gave a brief 22 history of the site. Silver Leaders in Energy and Environmental Design (LEED) 23 certification is being sought. 24 Vice Mayor Levy corrected the omission of his discussion with John Channing regarding 25 count down pedestrian lights at PGA Boulevard and Military Trail. He then thanked staff 26 for the excellent report. 27 Mayor Russo asked if there were further questions of staff or the petitioner. 28 Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, questioned the pink 29 Tabebuia trees because others in the City were blown down by the hurricanes. 30 Kara Irwin, Growth Management Administrator, stated Mark Hendrickson, City Forester, 31 does not have a problem with the use of Tabebuia trees. 32 John Channing, 5520 PGA Boulevard, developer of the DoubleTree North, is requesting 33 a change to the requirement his project pay for a count down pedestrian lights at PGA 34 Boulevard and Military Trail. He is paying 40 percent of the traffic light on Military Trail 35 and for the driveway improvements leading to the DoubleTree Hotel parking lot. Mr. 36 Channing is requesting the hotel pay for the count down pedestrian light mechanism 37 since their property is on PGA Boulevard and his property is not. The hotel guests will be 38 benefiting from the mechanism since they will be walking to the shops and restaurants 39 across the street. 40 Council Member Barnett asked Mr. Channing if he owns the DoubleTree Hotel. Mr. 41 Channing replied that he does not. Council Member Barnett asked if Mr. Channing was 42 asking for a condition for someone else’s property. Mayor Russo requested clarification. 43 Kara Irwin, Growth Management Administrator, stated there is one large project with two 44 separate owners. The executive center, which is part of the DoubleTree Hotel is owned 45 by a separate entity that owns the hotel. The DoubleTree North project is owned by E&J 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7 02•21•08 Channing Corporation. When the DoubleTree North was originally approved there was a 1 condition of approval that it pay for a 40 percent pro rata share for the traffic light at 2 Military Trail and Garden Lakes Boulevard. It addition, condition No. 5 requires that 3 prior to the first Certificate of Occupancy (CO) the DoubleTree North project would pay 4 for the installation of the count down signals at the PGA Boulevard and Military Trail 5 intersection. At this time Mr. Channing is requesting the burden of the count down 6 mechanism be transferred to the DoubleTree Hotel. Council Member Barnett reiterated 7 there are two separate projects and he is not the owner of the hotel. John Channing 8 explained his project came before the DoubleTree Hotel project and there were 9 conditions placed on his project that would have been shared had they come at the same 10 time. Mayor Russo asked Marty Minor if he is in favor of the request. Marty Minor 11 replied the hotel does not agree with this request. Mayor Russo stated he is not prepared 12 to vote on the issue tonight because he does not have full understanding of the situation 13 and asked if Resolution 12, 2008 could be postponed for two weeks. 14 Katrina Arion, representing Fair Lodging Group, explained she was unaware of the issue 15 and that time is of the essence for her project because they want to be finished before the 16 end of the year to be ready for next season. 17 Vice Mayor Levy explained he agrees with John Channing because the hotel guests will 18 be using the mechanism. Council Member Barnett stated there is an existing contract. 19 Vice Mayor Levy stated Council Member Barnett had interrupted him for the second 20 time this evening. Vice Mayor Levy went on to say John Channing is willing to take on 21 the cost of the traffic light ($200,000.00), which is shared by both projects and is 22 requesting the hotel take on the cost of the count down signal ($3,000.00). Vice Mayor 23 Levy stated he believed the hotel would agree to the request to get their approval tonight. 24 Mayor Russo stated he does not like to deal in that tone. Council Member Barnett stated 25 there is an existing contract in place and Katrina Arion has no knowledge of a contract 26 entered into by someone else. The previous contract is intact. To hold up an applicant for 27 this reason is incredible. Council Member Valeche believes it is inappropriate for Council 28 to impose itself in this issue because it is between the two parties of the PUD to apportion 29 the costs. Kara Irwin, Growth Management Administrator, stated the cost was assigned in 30 the original 2003 Development Order to the DoubleTree North site. It was carried over 31 into their order for the storage facility and the CVS pharmacy. John Channing addressed 32 Council stating he did not mean to make such a stir of the matter and withdrew his 33 request. Although under no obligation to do so, Mayor Russo suggested the hotel meet 34 with Mr. Channing and do what is fair. 35 Mayor Russo closed the public hearing. 36 MOTION 37 Motion made by Vice Mayor Levy to approve Resolution 12, 2008, seconded by Council 38 Member Barnett, approved by unanimous vote, 4-0. 39 d. Resolution 13, 2008 – Gardens Commerce Center Plat. A Resolution of the City 40 Council of the City of Palm Beach Gardens, Florida approving the Gardens Commerce 41 Center Plat; and providing an effective date. 42 Mayor Russo opened the public hearing and requested any ex parte communication, with 43 none declared. 44 Mayor Russo requested public comment. With no one wishing to speak for or against, 45 Mayor Russo closed the public hearing. 46 47 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8 02•21•08 MOTION 1 Motion made by Vice Mayor Levy to approve Resolution 13, 2008, seconded by Council 2 Member Barnett, approved by unanimous vote, 4-0. 3 e. Resolution 14, 2008 - Gander Mountain Plat. A Resolution of the City Council of the 4 City of Palm Beach Gardens, Florida approving the Gander Mountain at Sandtree Plat; 5 and providing an effective date. 6 Mayor Russo opened the public hearing and requested any ex parte communication, with 7 none declared. 8 Mayor Russo requested public comment. With no one wishing to speak for or against, 9 Mayor Russo closed the public hearing. 10 MOTION 11 Motion made by Vice Mayor Levy to approve Resolution 14, 2008, seconded by Council 12 Member Barnett, approved by unanimous vote, 4-0. 13 Part II – Non-Quasi-judicial 14 a. Resolution 18, 2008 – Contract Renewal with Advanced Data Processing Inc. (ADPI) 15 regarding EMS Billing. A Resolution of the City Council of the City of Palm Beach 16 Gardens, Florida approving the renewal of the Agreement with Advanced Data 17 Processing, Inc. for Emergency Transport Third-Party Billing Services and additional 18 services for Medical Report Writing Software and Hardware; authorizing the Mayor and 19 the City Clerk to execute the Agreement; and providing an effective date. 20 MOTION 21 Motion made by Vice Mayor Levy to approve Resolution 18, 2008, seconded by Council 22 Member Barnett, approved by unanimous vote, 4-0. 23 XI. ORDINANCES (For Consideration on First Reading) 24 None. 25 XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 26 None. 27 XIII. CITY ATTORNEY REPORT 28 None. 29 30 (The remainder of this page intentionally left blank.) 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9 02•21•08 XIV. ADJOURNAMENT 1 There being no further business to come before the Council, the meeting was adjourned 2 at 8:49 p.m. 3 4 APPROVED: 5 6 ________________________________ 7 Mayor 8 9 10 ________________________________ 11 Vice Mayor 12 13 14 ________________________________ 15 Council Member 16 17 18 ________________________________ 19 Council Member 20 21 22 ________________________________ 23 Council Member 24 25 26 27 Attest: 28 29 30 ________________________________ 31 Patricia Snider, CMC 32 City Clerk 33 34 Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 35 transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 36 All referenced attachments on file in the City Clerk’s office. 37 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 27,2008 Meeting Date: March 20,2008 Subject/Agenda Item: Presentation of quarterly financial report [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: City Attorney Submitted A& Department Director Finance Advertised: [XI Not Required Affected parties C.j-Notified [XI Not required costs: -0- (Total) -0- Current FY Funding Source: [ ] Operating [XI Other N/A Budget Acct.#: NIA Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Quarterly financial report 1213 112007 [ ]None Date Prepared: February 27,2008 Meeting Date: March 20,2008 BACKGROUND: As required by Code of Ordinances Article XIII, Section 13-1, the Council may request other financial reports throughout the year. We are pleased to present the quarterly financial report for the period ended December 3 1,2007. Some of the highlights contained within the report include: P The City’s general fund ended the quarter with a combined fund balance of approximately $52 million. Of this amount, $45.5 million is unreserved, undesignated, which is available to meet the City’s ongoing commitments. P The general fund generated $47.1 million in revenue with $16.1 million in expenditures to date. P The City’s general fund expenditures decreased 17% or $3.4 million over the same quarter in the prior year. Of this decrease, 85% or 2.9 million is related to a payment to Palm Beach County for the City’s share of an interlocal agreement for the new development of the Scripps Research Institute. P The City withdrew all investments from the SBA which totaled approximately $21 million after responding to reports that the Pool held asset-backed commercial paper that was subject to sub prime mortgage risk. > As of the first quarter ending December 3 1,2007, the City incurred 14 worker’s compensation claims, with a total loss of $8,043 as compared to 17 claims incurred, and total loss of $94,257 for the same period last fiscal year. The City’s Property and Liability claims totaled zero cases compared to 4 cases for $8,013 in the same period ending December 3 1,2006. MISC/OTHER: N/A STAFF RECOMMENDATIONS: o Staff recommends a motion to accept the attached quarterly financial report for the quarter ended December 3 1,2007 CITY OF PALM BEACH GARDENS Quarter ended December 31,2007 TABLE OF CONTENTS PAGE Quarterly Overview Analysis: General Fund Sources of Funds General Fund Uses of Funds Investment Analysis Impact Fee Analysis Grant Status Report Capital Project Update Report Budgetary Comparison Schedules Financial Statements Balance Sheet - Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds Statement of Net Assets - Proprietary Funds Statement of Revenues, Expenditures, and Changes in Fund Balances - Proprietary Funds 2 4 7 9 11 13 14 18 33 34 35 36 QUARTERLY OVERVIEW I am pleased to present the financial report for the City of Palm Beach Gardens for the first quarter of fiscal year 2008 ending December 3 1, 2007. Listed below are significant events that occurred during the first quarter along with financial highlights and information on capital asset purchases. The intent of these reports is to inform Council and the public of our financial position by comparing actual results with the adopted budget and analyzing results to help make corrective actions as appropriate. The following is a list of significant events that occurred during the 1’’ quarter of fiscal year 2008: *:* The City withdrew all investments from the SBA which totaled approximately $21 million after responding to reports that the Pool held asset-backed commercial paper that was subject to sub prime mortgage risk. *:* Phase I1 of the Veteran’s Plaza project was approved for a cost of $269,000. *:* Software Licensing and Use agreement was approved for the laserfiche document imaging system. *:* Contract was awarded to Musco Sports Lighting for the purchase and installation of sports lighting at PGA National Park in an amount not to exceed $575,586. *:* $147,07 1 was received from FEMA for reimbursements relating to Hurricane Wilma. *:* As of the first quarter ending December 31, 2007, the City incurred 14 worker’s compensation claims, with a total loss of $8,043 as compared to 17 claims incurred, and total loss of $94,257 for the same period last fiscal year. The City’s Property and Liability claims totaled zero cases compared to 4 cases for $8,013 in the same period ending December 3 I, 2006. Financial Highlights The City’s general hnd ended the quarter with a combined hnd balance of approximately $52 million. Of this amount, $45.5 million is unreserved, undesignated, which is available to meet the City’s ongoing commitments. The general hnd generated $47. I million in revenue with $16.1 million in expenditures to date. The City’s general fund revenues increased slightly by approximately 200,000 or .4% over the same quarter in the prior year. The City’s general fund expenditures decreased 17% or $3.4 million over the same quarter in the prior year. Of this decrease, 85% or $2.9 million is related to a payment to Palm Beach County for the City’s share of an interlocal agreement for the development of the Scripps Research Institute. 2 Capital Assets During the 1'' quarter, the City purchased approximately $182,000 of capital assets and made payments of approximately $720,000 on CIP projects. Capital assets purchased during the 1 st quarter included the following: *:* Approximately 25% of capital asset purchases were laptop computers as a part of Information Technology's citywide replacement program and approximately 28% was for a 46 channel recording system for the police department. The AudiologTM is a call recording system that will help enhance the performance of emergency response, public safety and control room operations. The most significant capital projects during the lst quarter were as follows: *:* Municipal Comulex Civic Enhancements- Totaled $156,000 or 22% of the total CIP payments during the quarter. *:* Stormwater Svstem Zmprovements - Totaled approximately $296,000 or 42% of the total CIP payments during the quarter. *:* PGA Park Renovations - Totaled approximately $74,000 or 11% of the total CIP payments during the quarter. Citywide, there are currently 36 CIP projects ongoing in various stages. Please see the Capital Project Update Report on pages 14-1 7 for more detail. 3 CITY OF PALM BEACH GARDENS GENERAL FUND SOURCES OF FUNDS Quarter ended December 31,2007 TAXES - Ad Valorem Taxes Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 41,667,280 41,465,652 50,001,677 82.93% 60,000,000 50,000.000 40,000.Mw) 30.000.000 20.000.000 1o.o0o.o0o I Prior Year to Date Current Year to Date Current Year Budget Actual Actual TAXES - Franchise Fees Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 1.21 1,920 1,211,521 6,068,601 19.96% Prior Year to Date Current Year to Date Current Year Budget Actual Actual TAXES - Utility Taxes Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 217,747 224,893 896,100 25.10% 1,000,000 900,000 800.000 700.000 600,000 500,000 400,000 300,000 200.000 100,000 Prior Year to Date Current Year to Date Current Year Budget Actual Actual Budgeted Ad Valorem taxes were 83% collected through the first quarter of fiscal year 2008. Collected amounts appear to be In line with both budgeted figures and prior year to date amounts. During the prior year, 83% of budgeted revenue was collected through the first quarter. Franchise Fees are currently 20% collected at the end of the first quarter. Revenues appear to be In line with prior year collections, but trail quarterly budgeted figures by approximately S300K. Revenues Included In this category Include both electric and sdld waste franchise fees. Utility taxes are slightly above budgeted figures through the end of the 1st quarter and exceed prior year collections by approximately 3%. This category accounts for the local communication services tax. 4 CITY OF PALM BEACH GARDENS GENERAL FUND SOURCES OF FUNDS Quarter ended December 31,2007 Licenses and Permits Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 1,8ia,406 2,024,649 3,733.385 54.23% 4.000.000 3.500.000 3.000.000 2.500.000 2,000,000 1.500.000 1.000.000 500.000 r 5 li I Prior Year to Date Current Year to Date Current Year Budget Actual Actual intergovernmental Revenue Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 1,384,025 1 ,288,883 4,941,292 26.08% Prior Year to Date Current Year to Date Current Year Budget Actual Actual Charges for Services Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 418.a2a 449,975 1,5a9,7a3 28.30% Prior Year to Date Current Year to Date Current Year Budget Actual Actual Revenues In this category include permits and occupational licenses. Currently 54.23% of budgeted revenues have been received. The largest portion of revenues relates to Occupational licenses which represents approx. $1.4 million or 69% of total license and permit revenue collected. Occupational licenses are currently 96% collected for the year. Building pennits are currently In line with quarterly budgeted figures with approxlmately $477,000 or 24% collected. Intergovernmental Revenue exceeds budgeted figures through the end of the 1st quarter by approxlmately 1% or $53,000. Revenues Included In this category Include federal and state grants, 112 cent sales tax, and state shared revenues. Charges for Services exceed budgeted amounts through the end of the 1st quarter by approxlmately 3.3% or $53,000. Revenues Included In this category are EMS fees and flre lnspectlon fees. 5 CITY OF PALM BEACH GARDENS GENERAL FUND SOURCES OF FUNDS Quarter ended December 31,2007 Fines and Forfeitures Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 47,018 38,894 243,755 15.96% Prior Year to Date Current Year to Date Current Year Budget Actual Actual investment Income Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 302,199 312,440 2,052,015 15.23% Prior Year to Date Current Year to Date Current Year Budget Actual Actual Miscellaneous Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Received 86,529 99,648 729,250 13.66% Fines and Forfeitures are significantly lower than budgeted figures at the end of the 1st quarter. Part of the reason is due to the $12.50 Traffic Finw estimated at $60,000 which are collected from the County at the end of the fiscal year. investment income is below quarterly budgeted figures by approximately 8.5% or $174,000. The City did not receive interest earned on SBA investments for the month of November as part of the sub-prlme crisis that affected the fund. The problem is discussed as part of the investment analysis in this quarterly report. Miscellaneous revenue is below budgeted figures through the end of the 1st quarter by approximately 12%. Current year exceeds prior year to date by approximately $13,000 or 15%. Prior Year to Date Current Year to Date Current Year Budget Actual Actual 6 CITY OF PALM BEACH GARDENS GENERAL FUND USES OF FUNDS Quarter ended December 31,2007 General Government Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Spent 6.1 82,115 2,643,510 14,042,591 18.82% Riw Year to Date Current Year to Date Currant Year Eudget Actual Actual Public Safety Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Spent 7,942,352 8,816,429 37,747,901 23.36% 40.000.000 - 35,000,000 30,000,000 25.000.000 20.000.000 15.000.000 10.00.000 5,000,000 Prior Year to Date Current Year to Date Current Year Budget Actual Actual Culture and Recreation Prior Year to Date Current Year to Current Year Actual Date Actual Budqet Yo Spent 1.1 96,233 1,166,244 5,576,347 20.91% Priw Year to Date Current Year to Dab Currant Year Budget Actual Actual General Government expenditures excluding capital outlay appear slgnfflcantly lower than budgeted amounts through the end of the 1st quarter. Expenditures are approximately 6.2% or $870,000 below quarterly budgeted figures. Prior year 1st quarter results Include a one time payment of approximately $2.9 milllon as part of the Brlger Tract Scrlpps Interlocal agreement wlth Palm Beach County. Pubilc Safety excluding capltal outlay appears to be In Ilne wlth the budget through the end of the 1st quarter with 23.36% spent to date with approximately $478,000 or 1.25% encumbered. Culture and Recreatlon expendltures excluding capltal outlay appear reasonable wlth budgeted numbers through the end of the 1st quarter. There is also an addltlonal$395,WO or 7% encumbered mostly for annual contractual services. CITY OF PALM BEACH GARDENS GENERAL FUND USES OF FUNDS Quarter ended December 31,2007 Physical Environment Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Spent 1567,597 1,552.236 7,320,555 21.20% ~ 8,000,000 7,000,000 6.000.000 5.000.000 4.wo.000 3,wo.m 2.000.000 1,000.000 hior Year to Date Current Year to Date Current Year Budget Actual Actual Capital Outlay Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Spent 1,342,323 637,055 5.1 11,600 12.46% Prior Year to Date Current Year to Date Current Year Budget Actual Actual Debt Service Prior Year to Date Current Year to Current Year Actual Date Actual Budget % Spent 1.310.953 1,311,856 3,305,955 39.68% 3.500.000 3.000.000 2.500.000 2.000,000 1.500.000 1.ow.000 500,000 Physical Environment expenditures excluding capital outlay appear reasonable with budgeted numbers through the end of the 1st quarter. There Is also approximately $460,000 encumbered. Capital Outlay expenditures which ropremnt 7% of total budgeted general fund expenditures are currently 12.46% spent through the end of the 1st quarter with an additional 24% or approximately $1.2 mllllon encumbered. Debt Senrice payments are based on scheduled payments from amortlutlon schedulr. Amounts will be in line with budget at the end of the year. To date, actual debt urvlce exp.ndlturor totaled approxlmatoly 40% of the budgeted amount. F’riw Year to Date Current Year to Dale Current Year Budget Actual Actual a INVESTMENT ANALYSIS Short-term interest rates continue to decrease, with the one-year Treasury bill at 3.34%, from the last quarter's rate of 4.05%. Longer-term rates also decreased for the quarter, with the 20-year Treasury yield at 4.50% as compared to 4.89% from the end of the previous quarter. On November 29, 2007, the State Board of Administration (SBA) implemented a temporary freeze on the assets held in the pool due to an unprecedented amount of withdrawals from the Fund coupled with the absence of market liquidity for certain securities within the Pool. The significant amount of withdrawals followed reports that the Pool held asset-backed commercial paper that was subject to sub prime mortgage risk. Prior to the date of the freeze, the City'withdrew all of its hnds from the SBA and placed them in a money market account at Wachovia Bank. Investment Portfolio by Type Total Portfolio $67,837,748 Fanner Mac FHLMC 1% WachoviaMM . 81% I -1 A Ld Investment Portfolio by Fund Total Portfolio $67,837,748 Capital Projects 24% J Special Revenue 2% General 74% 9 The Investment Summary provides a listing of the outstanding investments as of December 3 1, 2007 along with the investment date, maturity date, type of instrument, yield and amounts. As of the end of the quarter, the total market value of the various federal agencies and securities was $13,058,642 compared to the original purchase price of $13,030,577. The total weighted average yield for the entire portfolio as of the end of the quarter was 4.24%, or .90% above the one-year Treasury Bill rate of 3.34%. All other policy guidelines for portfolio composition have been adhered to. INVESTMENT SUMMARY December 3 1,2007 Investment Instrument Investment Maturity Par Value Date Date Rate Federal Farm Credit Banks Debenture Federal Home Loan Mortgage Corp Federal Home Loan Bk Note Stp Coupon Federal Home Loan Mortgage Corp Federal National Mtg Assoc Note Federal Home Loan Mortgage Corp Federal Home Loan Mortgage Corp Federal National Mtg Assoc Note Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal National Mtg Assoc Note Federal Home Loan Bank Federal Home Loan Bank Federal National Mtg Assoc Note Federal Home Loan Mortgage Corp Federal Home Loan Bank Federal Home Loan Mortgage Corp Federal Home Loan Bank Federal Home Loan Bank Federal National Mtg Assoc Note Federal Home Loan Bank Federal Home Loan Mortgage Corp Federal Home Loan Bank Wachovia Money Market 5/5/03 5/5/03 5/22/03 3/29/04 3/29/04 4/13/04 11/5/04 3/4/05 9/8/06 8/25/06 811 8/06 9/8/06 8/28/06 1211 8/06 1/9/07 1/23/07 2/8/07 2/20/07 3/9/07 411 8/07 4/23/07 7/9/07 71 16/07 7/30/07 81 15/07 41 15/08 511 5/08 121 1 9/08 10/7/11 4/8/10 41 1 5/09 11/3/10 31311 0 91811 0 8/25/10 811811 1 91811 1 212811 1 1211 8/09 1/9/08 9/29/09 2/8/10 112211 0 111 1/10 1011 811 0 412311 1 7/91 10 4/16/10 7/30/10 8/15/11 3.00% 3.05% 4.00% 4.00% 3.50% 4.00% 4.00% 4.50% 5.35% 5.37% 5.50% 5.50% 5.50% 5.00% 5.20% 5.30% 5.37% 5.30% 5.25% 5.25% 5.30% 5.50% 5.50% 5.50% 5.75% 4.1 1% 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 500,000 54,837,748 1,000,000 TOTAL INVESTMENTS $67,837,748 10 IMPACT FEE ANALYSIS Significant impact fee revenues collected during the lst quarter included the following projects: Frenchman’s Reserve - $20,305 for 4 single family residences and additions Gander Mountain- $43,646 for Art Impact Fees Mirasol- $17,75 1 for 4 single family residences Old Palm - $20,813 for 4 single family residences Miscellaneous - $4,022 various remodeling work Significant Impact Fee Revenue collected during the 1 st quarter is displayed in the chart below: Impact Fees by Project 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 11 The chart below shows the breakout of impact fees by type collected for each significant project: Project Art Fire Recreation Police Road Total Frenchmans 2,419 15,781 2,105 20,305 Gander Mountain 43,646 43,646 Mirasol 15,781 1,970 17,75 1 Miscellaneous 866 1,8 10 476 870 4,022 Old Palm 2,480 16,176 2,157 20,8 13 Total 43,646 5,765 49,548 4,738 2,840 106,537 During the 1" quarter, only 5.91% of budgeted revenues have been collected. A budget amendment will be required to address the significant variance between budget and actual numbers. The City is aware of the shortfall and is closely monitoring related expenditures. The following table shows budget vs. actual comparisons for each individual impact fee: Impact Fee Budget Actual YO Received Recreation $ 1,516,137 $ 49,548 3.27% Police 264,249 4,738 1.79% Fire 382,526 5,765 1.51% Art 75,000 43,646 58.19% Road 1.275.628 103.878 8.14% Total $ 3,513,540 $ 207,576 5.91 % A Impact Fees by Type Police 2% \ Fire 3% 12 City of Palm Beach Gardens Grant Status Report Grant Project Grant Source Amount City Match status Construction of project has begun and is anticipated to be complete by March 2008. Project is currently awaiting partial reimbursement from FRDAP for completed sections Grant applied for Phase 111 of park. Grant application score of 4/180. Currently Grant applied for Phase Ill of park. Grant application score of 22/180. Currently Project is ongoing. The funds may be used to purchase ballistic and stab vests for law City Park Phase II FRDAP 400,000.00 400,000.00 of park. Lilac Park Phase Ill FRDAP 200,000.00 200,000.00 awaiting approval letter PGA Park Phase Ill FRDAP 200,000.00 200,000.00 awaiting approval letter Bulletproof Vest Program Justice 16,843.00 16,843.00 enforcement officers. Build Out Mobile Emergency Command Post Management ia,Mo.oo N/A command vehicle US Department of Florida Division of Grant will be used to purchase radio equipment for the Police Department's mobile 13 Capital Project Update Report December 31,2007 Original Expended at Balance to Project Name Project Budget 12/31/07 Complete Project Description Project Update This project includes construction of civic related improvements at the Muncipal Complex. $808,000 from Menin Development includes: audio, moveable shade Phase I has been completed. Currently working on phase II of this project which lunicipal Complex Civic Enhancement 808,000.00 56,428.28 651 f~~~.~~ as part of Development Order for Downtown structure(s), furniture, recycling receptacles, at the Gardens. This project includes replacement of the existing playground equipment and surfacing at the Burns Road Community Recreation Campus playground, purchase of community {RCRC Renovations 412,000.00 381,694.61 30,305.39 center equipment (tables and chairs) as well as installation of security system, irrigation system, additional landscaping, and renovation of existing bathroom. redesign of the fountain and deck resurfacing. Irrigation and remainder of landscaping is complete. Playground equipment has been installed. Equipment purchases for the community center are underway. Staff is looking into installing solar lighting around playground. Renovation of the PGA Park restroom and pavilion areas to include upgrading to user friendly standards. Will also include redoing the PGA softball fields with new fencing, turf and sports lighting to meet industry standards. for irrigation system installation was pump and irrigation system. Project not eligible for impact funds due to renovations. Fencing and lighting are complete. Multi- purpose field turf and scoreboards are in progress. Installation of new pump station is complete and main line underway. Proposal ’GA Park Renovations 798,000.00 565,462.31 232,537.69 Improvements will include replacement of the approved at Council meeting on June 7th. Pavilions have been delivered and will be installed February 2008. Maintenance building design from Walker Design has been installed. Funds are requested to disconnect piping Staff is looking into redigging the drainfield leading into the leaching field and install new (sewer conection vs drain field). All permits piping from the club house to Northlake from State, County 8 Health Department main sewer line. JJBG for sanitary lift station and force main. Awaiting quote from DS Eakins. Construction of vehicle maintenance building This project is complete. to accomodate fire apparatus and provide all- The floors are being repainted and final jolf Course Sewer Connection 100,000.00 25,245.00 74,755.00 Boulevard to interconnect to the existing force have been received. Work Auth 8 NTP to weather protection for Fleet staff. Current Aaintenance Complex Building Expansion 153,000.00 135,288.71 17,’1 1.29 flooring system has reached its useful life span and requires replacement. payment for Ahrens is being processed. Replacement of carpeting, tile, cabinetry, and Public Works is moving forward with the painting of the entire facility. The carpeting, renovations. Kitchen and dayroom are 23,156.1 5 tile, and cabinetry have reached their useful complete. The second phase of the project life span. will be to relocate the bunk areas to the vacant fleet bay. :ire Station No. 2 Renovations 50,000.00 26,843.85 14 Capital Project Update Report December 31,2007 Original Expended at Balance to Project Name Project Budget 12/31/07 Complete Project Description Project Update Earman River Canal (Military Trail east to I- 95) Earman River Canal (1-95 east to C-17) Earman River Canal (Militaty Trail east to I- 95): This project is complete. Earman River Canal (1-95 east to C-17): Stormwater System Improvements Ph IV 1,203,291.58 1,047,754.89 155,536.69 This project is complete. Looking into fencing optionslmaintenance access. Awaiting more information and drawings from Seacoast regarding their new water lint Stormwater System Improvements Ph V 306,008.29 302,837.33 3,170.96 extension, which overlaps this project. Staff recommendation to Council is forthcoming. FEC Ditch (C-17 to RCA Boulevard) Allamanda Canal - (Lighthouse Drive north to Allamanda Canal - (Lighthouse Drive north Prosperity Farms Road) Meridian Way Canal - (Meridian Way to Allamanda Canal) Allamanda Spillway Operable Gate to Prosperity Farms Road): This portion of the project is currently under construction. Meridian Way Canal - (Meridian Way to Allamanda Canal): This portion of the Allamanda Spillway Operable Gate: Work Authorization issued to Boyle for design. Stormwater System Improvements Ph VI 1,422,234.86 518.359.18 903.875.68 project is underway. Section 1 : Bellewood Canal (Earman River Section 1 : Bellewood Canal - South(Earman Canal south to Militaty Trail) River Canal to Applecrest) - This project is Section 2: Bellewood Canal (Honeysuckle anticipated to be complete by March 2008. Avenue south to Earman River Canal) - This Section 2: Bellewood Canal -North section is part of the NRCS Grant through the (Honeysuckle Avenue south to Earman Riv6 32,854.93 Emergency Watershed Restoration program. Canal) - Reimbursement of $135,955.93 wa This portion of the canal was repaired received 12/06/06 from USDNNRCS. originally in 2003. However, damage due to Hurricane Wllma caused erosion along the canal bank. This project includes the enclosure of the port Staff is planning to coordinate this project cache to create a centralized lobby and the along with the possible Facilities Expansion underway. This project is for improvements to the This project is substantially complete with BRCRC main building including expansion of the exception of punch list items. Additional the gym, expansion of the restrooms with new landscaping is being installed. Irrigation an( Stormwater System Improvements Ph VI1 520,169.55 487,314.62 135*000.00 conversion of the existing lobby to staff areas. for the Municipal Complex. A study is GMI Building Renovations 135,000.00 BRCRC ExpansionlRenovations locker room facilities, additional area, expansion of the parking lot, and enhanced landscaping and irrigation. the roof are complete. 4.982.080.74 498619518.55 120,562.19 program/meeting space, new service counter 15 Capital Project Update Report December 31,2007 Original Expended at Balance to Project Name Project Budget 12131107 Complete Project Description Project Update This project includes recreation facilities such Sports lighting at the basketball courts are as hard surface tennis courts, picnic facilities, installed and functional. Big "D Paving has hard surface exercise trail and related laid asphalt of tennis courts and parking lot ii equipment, sports lighting, and playground complete. Racquetball court construction shade structure. underway and is expected to be complete in February 2008. Shade structure has been installed and installation of hard trail will 3ty Park - Phase II 485,000.00 271,113.74 213,886.26 begin February 2008. The project will be complete in March 2008. Currently awaiting partial reimbursement from FRDAP which was submitted December 31,2007. Expansion of PGA Park to include multi- The RAB continues to work on the master purpose fields, field lighting, expanded site plan. Second phase of this process is playground area and equipment, pavilion and anticipated to be a cost estimating and other amenities to meet the needs of a construction phasing plan. Sports lighting growing community. Project will also include was approved by Council on November 15, 'GA Park Improvements 1,665,000.00 24,000~00 1,641 ,OOO.OO parking, security lighting, site enhancements, 2007 and will be installation will be complete and sports turf enhancements. in February 2008. Field construction, drainage and irrigation to begin March 2008 after the Honda Classic. The turf installation will begin in August 2008. Expansion of the Plant Drive Park and Lilac Demolition is complete. Trees surrounding facility. Year one is the demolition of the building are being relocated to adjacent park abandoned building to make way for a group areas. The dog park, drainage work and recreation pavilion, parking, and park parking lot design are underway. Shade amenities. Year two is for the expansion of. structure has been installed. RAB is currently working on a master plan for this hockey rinks with multipurpose fields and site project. improvements Additional work will proceed after the grant evaluationlapproval. 'lant Drive Park Expansion 225.000.00 121,369.21 103,630.79 the area between the skate park and roller Expansion of the aquatic complex to include fitness stations, added water features, Restrooms are complete. Deck surfacing is currently under design and awaiting prices expanded party enclosures, and increase for fitness stations. Vortex and CES.are on 250,000.00 1.460.00 248,540.00 restroom capacities, order for the aquatic spray play area. Construction is anticipated to begin in rquatic Complex Deck ExpansionlRestroorn February 2008. The expansion of the existing play structure at Original project is complete. Staff is the Riverside Youth Enrichment Center and Center. obtaining quotes for a shade structure to be 'ot Lot ExpasionlEquipment 120,000.00 87.964.25 32,035.75 the Burns Road Community Recreation installed on the South side of RYEC. Staff iz also looking into additional elements for RYEC. 16 Capital Project Update Report December 31,2007 Original Expended at Balance to Project Name Project Budget 12/31/07 Complete Project Description Project Update This project includes completing the roof of the existing training tower and adding external State training requirements. This project includes the installation of four sculptures to be placed in towers being constructed by the FDOT. In addition, architectural consultant services are being This project is complete. Fire Department Training Tower 65,000.00 69,679.99 (4,679.99) stairs to the building to be in compliance with Lighting - This is complete. Shelf Plaques - Currently this is on hold. PGA Flyover Beautification 374,121 25 367.51 9.35 6,601.90 provided by OGSP. Artwork - Matco and Ocean Engineering provided study analysis. Flourets are going to be removed, treated and reinstalled Marck 2008. This project includes the design and All permits have been obtained. Signal at construction of a railroad crossing at Kyoto Military 8 Kyoto will be activated by Februab Gardens Drive and the FEC tracks just west 2008. Landscaping is being installed. of AIA, which includes a proposed traffic light Irrigation is being installed and funded by at the Kyoto/AlA intersection, and Catalfumo. Water, sewer and drainage work construction of a 4lane roadway by going under the road is progressing. The old Catalfumo. track bed has been replaced with new. Kyoto Gardens Drive Extension Different lighting options are being looked into for the bridge and staff is awaiting quote from LBFH for photometric design to be completed with engineering proposal. Working on various construction options for connection to Alt A-1-A. 955'965.03 4 Lane Roadway - $4,838,301: Catalfumo $3,304,970; City $1,533,331 FEC Settlement - $1,182,000 Winchester Courts Mitigation- $500,000 EngineeringXontingency - $385,820 3,705,842 .oo 2 ,749,876.97 For "Quiet Zone" designation, this project This project is on hold until the FRA and the includes design and installation of Quadrant FEC resolve their lawsuit regarding the gates at each crossing as well as crossing allowance of "Quiet Zones" in Florida. supplemental safety measures. Project includes mitigation of impacts due to the widening of Bums Road 1,012,504.77 16*196.62 996,308.15 equipment upgrades to include other Railroad Crossing Improvements Parking Lot improvements at BRCRC, which are part of the Bums Road widening mitigation are underway. Back parking lot has completed the fiber connection. Awaiting quote from CR Dunn. i Road Widening Impacts 310,263.00 272,185.46 38,077.54 lights are to be installed. The Signal Group 17 Revenues: Taxes: Ad valorem taxes Franchise fees Utility taxes Licenses and permits I ntergovernmental Charges for services Fines and forfeitures Investment income Miscellaneous Total revenues Expenditures: Current: General government: City Council Adin inistra tive services Information services City clerk Legal services Public relations Human resources Finance Honda Classic General services Growth management: Administrative Planning and zoning Code enforcement CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE GENERAL FUND Quarter ended December 31,2007 % Actual to Receivedl Budget - Date SDent $ 50,001,677 6,068,601 896,100 3,733,385 4,94 1,292 1,589,783 243,755 2,052,O 15 729,250 70,255,858 $ 41,465,652 1,211,521 224,893 2,024,649 1,288,883 449,975 38,894 3 12,440 99,648 47, I 16,555 $ 352,048 $ 658,994 1,2 16,867 581,041 575,622 176,120 939,140 878,2 17 1 12,622 5,979,045 685,285 958,204 773,571 85,762 155,767 308,611 130,149 93,543 37,950 I 69, I 32 2 16,929 967,955 1 19,776 166,167 153,665 GIs 155,815 38,104 Total general government I4,042,59 1 2,643,5 10 Public safety: Police 20,469,7 16 4,699,724 Fire and emergency services 17,278,185 4,116,705 37,747,901 8,s 16,429 Total public safety 82.93% 19.96% 25.10% 54.23% 26.08% 28.30% 15.96% 15.23% 13.66Yp 67.060/~ 24.36% 23.64% 25.36% 22.40% 16.25% 21.55% 18.01% 24.70% 0.00% 16.1 9% 17.48% 17.34% 19.86% 24.45o/e 18.82Y~ 22.96% 23.83Y~ 23.36% 18 CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE GENERAL FUND Quarter ended December 31,2007 Culture and recreation: Administrative services Athletics Seniors and wellness Aquatics Tennis Programs division Special and cultural Parks Grounds and facilities Total culture and recreation Physical environment: Administrative services Facilities maintenance Stormwater maintenance Street maintenance Construction services - building Capital outlay: Debt service: Principal Interest Total debt service Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) Extraordinary items: Proceeds from defined contribution plan Payment to defined benefit plan Total extraordinary items Net change in fund balance Fund balance, beginning of year Fund balance, end of year Actual to Budget - Date 68 1,082 252,472 58,797 460,570 120,680 305,724 225,124 2,12 1,942 1,349,956 5,576,347 109,202 5 1,289 543 68,890 30,698 75,695 5 1,758 477,164 301,005 1,166,244 1 ,I 3 1,916 203,137 1,958,200 426,694 I, 1 12,090 223,122 722,866 162,837 2,395,483 536,446 7,320,555 1,552,236 5, I 1 1,600 637,055 2,233,674 905,179 1,072,28 1 406,677 3,305,955 1,3 I 1,856 73,104,949 16,127,330 (2,849,091) 30,989,225 78,762 19,69 1 (692,642) (1 73, I6 I,) (61 3,880) (I 53,470) (I ,645) (1,645) (3,462,971) 30,834,l 10 16,366,528 2 I, 144,202 $ 12,903,557 $ 51,978,312 % Receivedl SDent 16.03% 20.31% 0.92% 14.96% 25.44% 24.76% 22.99% 22.49% 22.30% 20.91 Yo 17.95% 21.79% 20.06% 22.53% 22.39% 21.20% 12.46% 40.52% 37.93% 39.68% 22.06% 25 .OO% 25 .OO% 25.00% 0.00% 100.00% 100.00% 19 Revenues: Intergovernmental Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Culture and recreation: Capital outlay: Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE RECREATION IMPACT FEES FUND Quarter ended December 31,2007 Net change in fund balance Fund balance, beginning of year Fund balance, end of year Actual to Budget Date $ -$ 1,s 16,137 49,548 147,362 22,378 10,000 1,663,499 8 1,926 8,811 7,252 3,189,318 5,264 3,198,129 12,516 (1,534,630) 69,410 (1,534,630) 69,410 4,231,838 2,997,687 $ 2,697,208 $ 3,067,097 YO Receivedl SDent 0.00% 3.27% 15.19% 100.00% 4.92% 82.30% 0.1 7% 0.39% 0.00% 0.00% 0.00% - 20 Revenues: Intergovernmental Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Transportation Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE ROAD IMPACT FEES FUND Quarter ended December 31,2007 Net change in fund balance Fund balance, beginning of year Fund balance, end of year Actual to Budget Date $ -$ 1,275,628 103,878 504,155 77,734 1,779,783 181,612 3,138,325 66,972 3,138,325 66,972 (1,358,542) 114,640 (702,373) (175,593) (702,373) (175,593) (2,060,9 15) (60,953) 8,735,637 7,7 1 1,978 $ 6,674,722 $ 7,651,025 - % Receivedl SDent 0.00% 15.42% 0.00% 10.20% 8.14% 0.00% 2.13% 2.13% 0.00% 25.00% 25.00% 21 Revenues: Fines and forfeitures Investment income Miscellaneous Total revenues Expenditures: Current: Public safety: Police Total public safety Total expenditures Net change in fund balance Fund balance, beginning of year Fund balance, end of year CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE POLICE TRAINING Quarter ended December 31,2007 YO Actual to Receivedl Budget - Date SDent $ 12,500 $ 2,584 20.67% 0.00% 0.00% 12,500 2,584 20.67% 10,980 100.00% 10,980 100.00% 8,524 19,056 $ 2 1,024 $ 10,660 22 Revenues: Charges for services Investment income Miscellaneous Total revenues Expenditures: Current: Culture and recreation: Administrative services Athletics Seniors and wellness Aquatics Tennis Programs division Youth Enrichment Total culture and recreation Capital outlay: Total expenditures Excess (deficiency) of revenues over (under) expenditures CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE RECREATION PROGRAMS Quarter ended December 31,2007 % Actual to Receivedl Budget - Date SDent $ 2,518,672 $ 645,407 25.62% 15,000 2,238 14.92% 0.00% 2,533,672 647,645 25.56% 309,890 49,882 238,433 30,3 19 37,692 1,224 92,371 3,860 372,552 77,924 5 6 6, 809 65,687 908,541 207,606 2,526,288 436,502 2,526,288 436,502 7,384 211,143 16.10% 12.72% 3.25% 4.18% 20.92% 11.59% 22.85% - 17.28% 0.00% 17.28% Other financing sources (uses): Transfers in 0.00% Transfers out (26,000) (6,500) - 25.00% Total other financing sources (uses) (26,000) (6,500) - 25.00% Net change in fund balance (1 8,616) 204,643 Fund balance, beginning of year 359,018 222,695 Fund balance, end of year $ 340,402 $ 427,338 23 Revenues: Charges for services Investment income Miscellaneous Total revenues Expenditures: Current: Culture and recreation: Administrative services Maintenance Pro shop Total culture and recreation Capital outlay: Debt service: Principal Interest Total debt service Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE GOLF FUND Quarter ended December 31,2007 % Actual to Receivedl Budget Date SDent Net change in fund balance Fund balance, beginning of year Fund balance, end of year $ 1,418,100 $ 337,783 23.82% 955 100.00% 84,255 29,690 35.24% 1,502,355 368,428 24.52% 255,424 62,29 1 8 10,444 195,721 475,075 80,460 1,540,943 338,472 1,540,943 338,472 (38,588) 29,956 (38,588) 29,956 38,588 134,070 $ - $ 164,026 24.39% 24.15% 16.94% 21.97YQ 0.00% 0.00% 0.00% 0.00% 21.97% 0.00% 0.00% 0.00% 24 Revenues: Investment income Miscellaneous Total revenues Expenditures: Current: Public safety: Police Total public safety Total expenditures Net change in fund balance Fund balance, beginning of year Fund balance, end of year CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE EXTRA DUTY POLICE Quarter ended December 31,2007 % Actual to Receivedl Budget Date Soent $ -$ 0.00% 47,303 100.00% 47,303 100.00% 124,923 100.00% 124,923 100.00% 124,923 loo.ooo/o (77,620) 69,635 25 Revenues: Intergovernmental Investment income Miscellaneous Total revenues Expenditures: Current: Transport at i on Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE LOCAL OPTION GAS TAX Quarter ended December 31,2007 YO Actual to Receivedl Budget - Date SDent Net change in fund balance Fund balance, beginning of year Fund balance, end of year $ 703,152 $ 165,371 23.52% 36,485 6,876 18.85% 0.00% 739,637 172,247 23.29% 723,893 1 18,589 16.38% 354,000 0.00% 1,077,893 1 18,589 1 1 .OO% (338,256) 53,658 0.00% o.oo% 0.00% (338,256) 53,658 635,999 998,309 $ 297,743 $ 1,051,967 26 Revenues: Intergovernmental Miscellaneous Total revenues Expenditures: Current: Public safety Capital outlay Total expenditures Net change in fund balance Fund balance, beginning of year Fund balance, end of year CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE POLICE GRANT FUND Quarter ended December 31,2007 YO Actual to Received/ Budnet Date SDent 10,000 0.00% 10,000 0.00% 0.00% 0.00% 0.00% 0.00% 10.000 $ 10,000 $ 27 Revenues: Intergovernmental Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Public safety Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE POLICE IMPACT Quarter ended December 31,2007 Net change in fund balance Fund balance, beginning of year Fund balance, end of year Actual to Budnet $ -$ 264,249 4,738 68,548 13,654 332,797 18,392 39,800 2,095,794 2,135,594 (1,802,797) 18,392 (1,802,797) 18,392 2,523,092 1,773,199 $ 720,295 $ 1,791,591 _p YO Receivedl SDent 0.00% 1.79% 19.92% 0.00% 5.53% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Revenues: Intergovernmental Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Public safety Capital outlay Debt service: Principal Interest Total debt service Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE FIRE IMPACT Quarter ended December 31,2007 Net change in fund balance Fund balance, beginning of year Fund balance, end of year Actual to Budget Date 382,526 5,765 34,475 5,503 41 7,001 1 1,268 26,328 6,008 72,880 7,926 80,806 107,134 6,008 309,867 5,260 309,867 5,260 237,675 735,365 $ 547,542 $ 740,625 YO Receivedl rn 0 .ooo/o 1.51 % 15.96% 0.00% 2.70% 0.00% 22.82% 0.00% - 0.00% 0.00% 5.61% 0.00% 0.00% 0.00% 29 Revenues: Intergovernmental Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Culture and recreation Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE ART IMPACT Quarter ended December 31,2007 Net change in fund balance Fund balance, beginning of year Fund balance, end of year Actual to Budget Date 75,000 43,646 21,515 4,889 963 15 48,535 248,720 2,118 248,720 2,118 (1 52,205) 46,417 (1 52,205) 46,417 577,03 1 638,916 $ 424,826 $ 685,333 Oh Receivedl SDent 0.OO0h 58.19% 2 2.73% 0.00% 50.29% o.ooo/o 0.85% 0.85% 0.00% 0.00% 0.00% 30 Revenues: Intergovernmental Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Transportation Capital outlay Debt service: Principal Interest Total debt service Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE PGA FLYOVER Quarter ended December 31,2007 Net change in fund balance Fund balance, beginning of year Fund balance, end of year Budget Actual to Date 126,465 125,59 1 126,465 125,591 409,600 48,886 175,000 108,042 54,021 283,042 54,021 692,642 102,907 (566,177) 22,684 692,642 173,16 1 692,642 173,161 126,465 195,845 149,926 42,983 $ 276,391 $ 238,828 YO Received1 SDent 0.00% 0.00% 0.00% 99.31 % 99.31 Yo 11.94% 0.00% 0.00% 50.00% 19.090/, 14.86% 25.00% 0.00% 25.00% 31 Revenues: Intergovernmental Impact fees Investment income Miscellaneous Total revenues Expenditures: Current: Transportation Capital outlay Debt service: Principal Interest Total debt service Total expenditures Excess (deficiency) of revenues over (under) expenditures Other financing sources (uses): Transfers in Transfers out Total other financing sources (uses) CITY OF PALM BEACH GARDENS BUDGETARY COMPARISON SCHEDULE BURNS ROAD Quarter ended December 31,2007 Net change in fund balance Fund balance, beginning of year Fund balance, end of year Budget Actual to Date 17,03 1 1,350 17,03 1 1,350 38,077 435,000 267,343 133,686 702,343 133,686 740,420 133,686 (723,389) (132,336) 702,373 175,593 702,373 175,593 (2 1 ,O 16) 43,257 299,857 316,554 $ 278,841 $ 359,811 YO Receivedl Soent 0.00% 0.00% 7.92% 0.00% 7.92% 0.00% 0.00% 0.00% 50.01 % 19.03% 18.06% 25.00% 0.00% 0.00% 32 rn' N z % Y) Y) 00' m P - h w VI, m z v) 9 K II H II H II CITY OF PALM BEACH GARDENS STATEMENT OF NET ASSETS PROPRIETARY FUNDS Quarter ended December 31,2007 Assets: Cash and cash equivalents Inventory Capital assets not being depreciated Capital assets being depreciated, net Total assets Liabilities: Current liabilities: Accounts payable Accrued interest payable Total current liabilities Noncurrent liabilities: Compensated absences payable Total noncurrent liabilities Total liabilities Net Assets: Invested in capital assets, net of related debt (deficit) Unrestricted Total net assets (deficit) Internal Service Fund Fleet Manaaement $ 330,965 128,810 1,732,155 2,191,930 69 69 1,732,155 435,819 $ 2,167,974 35 CITY OF PALM BEACH GARDENS STATEMENT OF REVENUES, EXPENDITURES, & CHANGES IN FUND BALANCE: PROPRl ETARY FUNDS Quarter ended December 31,2007 Internal Service Fund Fleet Manaqement Operating revenues: Charges for services Miscellaneous Total revenues Operating expenses: Personnel expenses Repair and maintenance Fuel and chemicals Operating supplies Other professional and contractual Utilities Other expenses Depreciation Capital outlay Total operating expenses Operating income (loss) Non-operating revenues (expenses): Gain on sale of capital assets Interest expense Total non-operating revenues (expenses) Income (loss) before transfers Transfers in Transfers out Change in net assets Net assets (deficit), beginning Net assets (deficit), ending $674,646 3,342 $677.988 172,211 34,923 133,711 19,045 1,852 280 362.022 31 5,966 31 5,966 (1 3,191) 302,775 1,865,199 $2,167,974 36 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 7,2008 Meeting Date: March 20,2008 Petition: Resolution 21.2008 Subject/Agenda Item: Resolution 21,2008: Mirasol Walk PUD - Walgreens Drugstore with Drive-Through Consideration of Approval: A request by Anne Booth of Urban Design Studio, on behalf of North American Properties Mirasol 11, LLC, for approval of a site plan within the Mirasol Walk Planned Unit Development (PUD) to allow for the construction of a 14,820 square-foot drugstore with drive-through lanes on an approximately 2.7-acre site. The Mirasol Walk PUD is located at the northwest corner of the Ronald Reagan Turnpike and PGA Boulevard. [XI Recommendation to APPROVE I 1 Recommendation to DENY Reviewed by: Manager City Attorney [6 Christine Tatum Development Compliance ~LJ Bahareh Keshavarz-Wolfs, AICP Growth Managed Administrator Kara L. Irwin, AICP Approved By: Originating Dept.: Growth Management: Manager Project Senior Planner [XI Quasi - Judicial [ ] Legislative [ XI Public Hearing Advertised: [ X] Required Date: March 5, 2008 Paper: Palm Beach Post Affected parties: [ X 3 Notified [ ] Not Required Finance: Tresha / Thomas I\ Senior Accountant Costs: $N/A Total Funding Source: [ 3 Operating [XI Other-NA Budget Acct.#: NA City Council Action [ ]Approved [ ] App. w/ conditions [ ] Denied [ 3 Continued to:- Attachments: Reso 179,2005 Reso 71,2005 0 Reso 168,2003 Resolution 2 1,200E Dev Application Reduced Plans Date Prepared: February 16, 2008 Meeting Date: March 20, 2008 Resolution 2 1,2008 BACKGROUND On November 6, 2003, the City Council approved the Mirasol Walk Planned Unit Development (PUD), through the adoption of Ordinance 24, 2003 and Resolution 168, 2004. This approval consisted of an 85,032 square-foot shopping center including a 57,036 square-foot grocery store, a 3,925 square-foot convenience store with a 16 pump gas station, two 5,000 square-foot banks, and two specialty retail buildings not to exceed a combined total of 14,693 square feet. On December 16,2004, the City Council adopted Resolution 22 1,2004, which approved the site plan for the Sun Trust Bank out parcel. The 4,279 square-foot Sun Trust Bank, which has four drive-thru lanes and an ATM, is located immediately west of the Bank of America site. On June 2, 2005, the City Council adopted Resolution 71, 2005, which approved an amendment to the Mirasol Walk PUD. This amendment provided for 4,000 additional square feet of restaurant within the shopping center, and the inclusion of professional and business office as a PUD permitted use. On December 15, 2005, the City Council adopted Resolution 179, 2005, which approved the site plan for the Bank of America out parcel. The 4,500 square-foot Bank of America, which has three drive-through lanes and an ATM, is located immediately east of the Sun Trust Bank out parcel. Phase I of the PUD consists of the shopping center and convenience store/gas station out parcel, which have received Certificates of Occupancy from the City. The Sun Trust Bank is currently under construction. The site plans for all out parcels are required to be reviewed as major amendments to the PUD. The subject request is to approve the development application of a 14,820 square-foot drugstore with two drive-through lanes on the remaining two (2) out parcels, which are located immediately west of the existing shopping center. LAND USE & ZONING The subject site has future land-use and Vision map designations of Commercial (C). The subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1). CONCURRENCY Mirasol Walk received Conditional Concurrency Certification at the time of approval of the PUD. The proposed site plan is consistent with the approved master site plan, and the proposed use is within the limits of the allowed retail square footage for the shopping center. 2 Date Prepared: February 16,2008 Meeting Date: March 20,2008 Resolution 2 1,2008 PROJECT DETAILS Site Access The subject site can be accessed from a single driveway on PGA Boulevard and two driveways on Jog Road. All access and right-of-way requirements of the PUD have been met. Vehicular Traffic Circulation The proposed Walgreens drugstore out parcel can be accessed from three separate entrances. Two of the entrances are located to the north of the out parcel and can be utilized via the existing access road. The third entrance is located on the south side of the out parcel and can be utilized by entering the Mirasol Walk shopping center’s site. Per staffs request, the Applicant has revised the northwest comer of the site plan to avoid potential circulation issues that may arise between the westem-most entrance and the drive- through lanes. Architecture The proposed Walgreens drugstore consists of the same architectural style and roof tile as the shopping center and out parcels. The design guidelines for the PUD require a tower feature for each building, which is provided at the drugstore entrance. The colors of the building are consistent with the PUD, and are beige for the walls, dark brown for the accents, and light cream for the trim. Per the Planning, Zoning and Appeals Board’s request, the Applicant has revised the architecture and has provided color renderings with this submittal (please see attached). The Applicant revised the parapet by providing varying the height of the wall to break up the linear roofline that was previously submitted. Also, the Applicant has increased the architectural details on the building’s facades and has enclosed the downspouts within the pilasters to furiher enhance the architecture of the drugstore. Landscaping Landscape planting around the building is proposed to include multi-truck Palms, native grasses and shrubs that will be consistent with the palette of plant materials of the rest of the shopping center . The existing six-foot hedge, shrubs, Pine and Oak trees within the Parkway buffer along Jog Road and the entrance drive will be maintained and supplemented with additional hedges, shrubs and trees. Additional plants will be provided at the comer signage feature. Per the Planning, Zoning and Appeals Board’s request, the Applicant has revised the landscape plan to include the addition of Pygmy Date Palms to accentuate the decorative arches that have been added to the building’s fagade. Also, additional Bougainvillaea has been added to the trellis 3 Date Prepared: February 16,2008 Meeting Date: March 20, 2008 Resolution 2 1,2008 feature on the west elevation to further screen and enhance the building. In addition western landscape buffer, the Applicant has added a two-foot berm to further increase the height of the trees at installation. Parking On September 4, 2007, City Council adopted Ordinance 20, 2007, which established a new parking ratio of one space per 250 square feet for drugstores with drive through lanes. The Applicant has provided parking at a rate of one space per 200 square feet based on the previous Code requirements. The Applicant cited that they were near the end of their site planning for the site and staff agreed to require the drugstore to be parked consistent with the approved master plan for Mirasol Walk PUD. The total parking required for this site, based on the ratio of one space per 200 square feet is 75 spaces; whereas the applicant is proposing 83 parking spaces. The City Code allows developments to exceed the parking requirement by lo%, which is equal to eight additional parking spaces. Section 78-345 (d) (4) permits additional parking spaces if: a.) additional open space is provided at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area; and b) the additional open space and landscaping shall be utilized to enhance the visual appearance of the improved site. The additional open space has been provided and is reflected in the overall landscape point total. Pedestrian Circulation As required by Resolution 168, 2003, the applicant has provided pedestrian access from the site to the shopping center. Pedestrian access is achieved through a paver crosswalk, consistent with the PUD approval, which will connect to the existing and proposed sidewalks. Signage As part of the approved PUD, the site is entitled to one ground monument sign. The proposed monument sign is proposed to be relocated to a more visible location on the southwest corner of the property. The proposed monument sign will be consistent with the design guidelines of the Mirasol Walk PUD. Signs are being proposed on two sides of the building in accordance with the provision in the Code that allows building identification and tenant identification signs. The maximum height of the letters is twenty-four inches with the total sign face area being seventy- two square feet per side. Site Liehtinz The applicant has provided a photometric plan as required by City Code Section 78-182. Resolution 168, 2004, included a waiver to allow for a light pole height of 35 feet. Light poles are being proposed in accordance with the approved lighting pole and fixture of the overall center. Drainage This project has received drainage concurrency. The Mirasol Planned Community Development (PCD) will receive the outfall from the Mirasol Walk PUD. 4 Date Prepared: February 16,2008 Meeting Date: March 20, 2008 Resolution 21,2008 PLANNING, ZONING & APPEALS BOARD The Planning, Zoning and Appeals Board (PZAB) reviewed the subject petition at a public hearing on February 12, 2008, and requested that the Applicant return to address the following comments: 1. The PZAB stated that they believed the architecture could be improved and was disappointed with the architectural elevations that were submitted for review. The Applicant has included revised elevations for PZAB 's review. The revised elevations have provides enhanced architectural features and includes a revision to the parapet wall to provide more vertical articulation. 2. The PZAB stated that they were concerned that the size of the copy area of the monument sign appeared too large. The Applicant indicated that the graphic submitted to the PZAB was not to scale and ensured that all applicable signage regulations contained in the Land Development Regulations would be complied with. 3. The PZAB stated that they would like to see photos or elevations of the existing architecture of the shopping center to ensure that the proposed drugstore was consistent with the rest of the plaza. The Applicant has included photoshenderings of the existing buildings on-site in their presentation to the PZAB. On February 26, 2008, the PZAB voted 7-0 to recommend approval of the subject petition to City Council. STAFF RECOMMENDATION Staff recommends approval of Resolution 22,2008 with conditions of approval. 5 December 1 1,2007 Ms. Richard Marrero, Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: MIRASOL WALK WALGREENS PLANNED UNIT DEVELOPMENT AMENDMENT PBG REF: PUDA -07-09-000010 UDS REF.:#95-029.089 (PUD) urban da8n stu 0 Urban Design Urban Planning Land Planning Landscape Architecture Dear Richard: In response to the comments received on the above referenced project, we offer the following responses. For your convenience, we have duplicated their comments in bold and our responses followed in italics. COMMENTS FROM RICHARD MARRERO, PLANNER, DATED OCTOBER 03,2007 1. The applicant is requesting a waiver from Section 78-284 to allow a changeable copy electronic reader board to be part of the sign design. Please note that staff remains in support of the LDRs. The applicant has agreed to withdraw the request for the reader board waiver. An amended ground sign has been included in this re-submission for your consideration. 2. The applicant shall remove “Pharmacy” and “Photo’ from the south and east elevations of the drugstore or request a waiver form Section 78-285 for additional signage. The applicant has removed the references to Pharmacy and Photo from the elevations as requested. Consistent with previous approvals in the city (The Pointe, Lydian Bank, DoubleTree North Selfstorage, and Starbuckx at The Commons), the proposed signs on the building represent what is allowed by the code for Principal Tenant and Building Ident4jkation signage. 3. The tower feature above the primary entrance to the building depicts a mortar and pestle. The applicant shall clarify if this sign is to be illuminated or not, and request a waiver from Section 78-285 for additional signage. I2 The mortar and pestle is proposed to be located inside the store and is not intended to be lit. Therefore it is our understanding that this will not require a waiver. G:WGA NationalResort CoreRen 2007\AA#l\Application Ltr.03 1207.wpd 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 Mr. Richard Marrero Walgreens I@ Mirasol December 1 1,2007 Page 2 COMMENTS FROM MARK HENDRICKSON, FORESTER, DATED OCTOBER 22,2007 Certification Issues 1. In accordance with Section 78-305 of the LDR, landscape plans should clearly delineate any key landscape areas, landscape materials, and square footage of open space and impervious areas. The applicant shall clarify what areas were used in the calculation of required open space. The applicant shall provide documentation showing what areas were designated as open space for the property in CAD format on CD ROM. The CAD file will contain the DWG, DXF, and DGN file extensions in version 2004 or earlier. The CAD fde shall contain a separate layer for each of the following categories: property boundary, impervious areas, pervious areas, and areas designated as open space. Open space shall further be separated into easements, open space used in the calculation of required landscape points and sod area. Each layer shall be clearly labeled using the categories listed above. All drawings shall be defined as closed polygons. We haveprepared the documentation in the format requested. Upon confirmation that the City Forester does not have any additional requests for modijcations, the disk will be submitted. The attached prints have been amended to delineate landscape areas, sod, mulch, and sidewalks. Open space andpewious/impervious areas have been noted in the site data table on the site plan, and will be identijied in the computerfile. 2. In accordance with Section 78-320 (a) (4) b, c of the LDR, regarding minimum standards for foundation landscaping, there is foundation landscaping missing along the west side of the building. A trellis with bougainvillea can be included over the compactor area as presented on the elevation example of the proposed Walgreens at Legends. This would improve the looks of the service area facing Jog Road. To the north and south of the main entrance door the sidewalk could be located close to the curb, and the required foundation landscaping provided near the building. Please revise to show at least the minimum 5 foot foundation landscaping and the trellis feature. The attached landscape and architectural plans have been amended to include additional landscape planting beds along the west side of the building including bougainvillea, shrubs and trees. The architectural plans have been amended to show the trellis around and above the compactor area. 3. In accordance with section 78-320(a) (4) c. of the LDR, non residential buildings shall have at least one shade tree or palm cluster installed for each 30 linear feet, or fraction thereof, of facade width. Trees and palms shall be of an installed size relating to the height of the adjacent wall or facade, as indicated in Table 30. Please revise the landscape plan to include the required number of trees or palm clusters for the proposed building. The attached landscape plans have been amended to comply with LDR Section 78-320 (a)(4)c. G:PGA NationalMesort CoreMen 2007\AA#l\Application Ltr.03 1207.wpd \ L Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 3 4. In accordance with Section 78-313 (b) of the LDR, not more than 40% of the total landscape area shall be covered with sod. The sod calculations are not shown on the plan. Please show the square footage of sod area, the points for grass calculated at .25 points per 10 square feet, the species, and the percentage of sod for the landscaped area. Following the above referenced amendments, and additional modijcations to the planting beds as requested by the City Forester, the landscape area has been calculated at 32% of the site and the percentage of sod within the landscape area is calculated at 24%. Notations have been added to the plant list to reference the points and percentages of sod area. 5. In accordance with Section 78-315 of the LDR, all landscaped areas shall be protected by curbs or wheel stops from vehicular encroachment and from the damages caused by vehicles overhanging into landscaped areas. Please revise the plan to show wheel stops for all parking spaces. The attached plans have been amended to remove the sidewalk in the center of the landscape island located to the east of the proposed Walgreens. This modification will allow for vehicle overhang in addition to the minimum landscape area. Curbs, wheel stops or tree diamonds are proposed for each parking space. For those spaces that propose curbs, without wheel stops, a designated overhang area has been provided, that has been excluded from the open space calculations. 6. In accordance with Section78-305 of the LDR, the surrounding landscaping within 50 feet of the property shall be shown on the landscape plan. The existing road shoulder plantings along Jog Road are not shown on the landscape plan. Please revise. The landscape plan has been amended to include the existing plantings along Jog Road, as requested. 7. In accordance with Section 78-306 of the LDR, all locations for proposed utilities, easements, underground drainage, and light fixtures shall be shown on the landscape plan and the site plan to prevent possible conflicts with landscaping. Please revise the landscape plan and site plan to show the FP&L connection to the building. The site plan and landscape plan have been amended to reflect the location of the Florida Power and Light connection on the northeast corner the building, and the lightpole locations have been enlarged on the landscape plan, G:\PGA NationalDesort Coremen 2007\AA#lMpplication Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 11,2007 Page 4 8. A condition of approval from the Mirasol Walk development order requires pedestrian connectivity within Mirasol Walk, and to the Jog Road sidewalk. Please revise the plan to provide a connecting sidewalk from the southwest corner of the proposed building to the public sidewalk to the west. Also, there are unnecessary sidewalks in the parking lot divider in the east parking area. Please revise to provide only necessary connections and provide landscaping in these areas. The attachedplans have been amended to provide the requestedpedestrian sidewalk connection to Jog Road and to remove the sidewalk located in the parking lot island. 9. The plant list points are incorrect for the some of the trees, palms, and accent plants. The points need to be corrected and totaled again to meet the minimum points required. Staff is available to meet with the applicant to go over these corrections. Based on conversations with the City Stag the landscape plan has been amended to update the plant list points to correctly reflect the points for trees, palms, and shrubs. Non-Certification Issues 10. There are several corrections to be made to the plant list: 1. Plant list should be divided into four categories- Trees, Palms, Shrubs, and Groundcover. 2. Wax myrtle should be in the shrub category. 3. Sod square footage and points are missing in the groundcover category. 4. Remove Fakahatchee grass from the plant list if the quantity is zero. 5. Applicant shall explain the note on Royal Palms. 6. The Ficus benjamina for the hedge indicates 30”o.c. on the plant list, but 24”o.c. as a note on the plan. The landscape plan has been amended to; divide the plant list into the following categories, Trees, Palms, Shrubs and Sod (no groundcover plant material is proposed); Wax myrtle has been added to shrubs; Sod square footage andpercentages have been added; Fakahatchee grass has been removed; the note regarding the Royal Palms has been removed; and the hedge planting note has been amended to reflect a 30” O.C. notation. 11. The water and sewer lines left for the second outparcel that will not be utilized should be removed, or at least stubbed back to the property line. In the current design, they interfere with the landscaping, and prevent a royal palm from being planted in the landscape island. The attachedplans have been amended to reflect that the pipes will be stubbed to allow.for the island to be landscaped. The attached landscape plan reflects additional landscaping in the island. G:\PGA NationalWesort Coremen 2007L9A#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 5 12. In comparison to the approved plan for the rest of Mirasol Walk, the proposed landscaping is thin and plain. The area along the south property line contains only sod and a few trees. The landscaping on the opposite side of the road at Suntrust Bank is multilayered and contains many species. In addition, adding the entrance to the parking area at the southeast corner removes offsite common area landscaping that is meant to enhance and balance the appearance of the entrance drive. The southern buffer of the parcel has been re-designed to include several layers ofplant material and to more closely resemble the planting on the other side of the driveway. COMMENTS FROM JAMES BROWN, BLDG OFFICIAL, DATED OCTOBER 12,2007 Certification Comments 1. The sight plan indicates plants in the area of the automated teller Machine. All plants within 50’ of the automatic teller machine shall not exceed 3 feet except that trees trimmed to a height of 10 feet and whose diameters are less than 2 feet in accordance with FBC 3112 and state statues 655.962. The applicant has conjh-med that the automated teller machine will be located within the interior of the Walgreens building and is not proposed to have external access therefore it is our understanding that the landscape design will not need to be amended. General Comments 2. Separate permit and application will be required for: paving, drainage, water and sewer improvements, landscaping, irrigation, site lighting, signage, fire sprinkler and fire alarm. The applicant understands and will comply with the City of Palm Beach Gardens ’ Building Department requirements for permitting. 3. The mechanical equipment on the roof exceeds 16’. A permanent approved means of access must be provided in accordance with FBC Mechanical 306.5. The extent of which shall be from grade or floor level to the equipment and appliances’ level service space. A roof scuttle access has been provided within the building providing the required access to the rooftop equipment. G:WGA NationalResort CoreRen 2007L4A#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 6 COMMENTS FROM JULES BARONE, PBG POLICE DEPT., DATED OCTOBER 03,2007 PROFESSIONAL OFFICE/COMMERCIAL/INDUSTRIAL PUDs Non-Certification Comments 1. Provide natural surveillance throughout the site by: a. b. c. d. e. I. Providing landscaping that does not create hiding spaces. Providing clearly marked transitional zones that indicate movement from public to semi-public through use of brick pavers. Ensuring windows and exterior doors are visible from the parking areas. If practical, designating separate parking area for employees. Ensuring parking areas are visible from windows, and are not blocked by landscaping. Restricting shrubbery to no more than two feet high for clear visibility in vulnerable areas. The applicant will comply, as applicable, with the natural surveillance measures recommended by the police department. Standard Conditions of Approval 2. Prior to the issuance of the first Certificate of Occupancy, all on-site lighting shall be installed, and all on-site lighting shall consist of metal halide or equivalent lighting approved by the Police Department and, shall not conflict with planted landscaping. (Police Department) All on-site lighting will be consistent with the existing metal halide lighting on the remainder of the site. 3. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed”36” in height and high branched trees should be trimmed to seven feet. (Police Department) The landscape design has provided for clear visibility of the doorways, walkways and windows. 4. Prior to the issuance of the first Certificate of Occupancy for the Walgreens building, the Applicant shall provide photocell sensor engaged lighting above or near entryways, four sides of building and adjacent sidewalks for said building. (Police Department) The applicant intends to comply with this requirements. G:UPGA NationalEesort Coremen 2007\AA#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 7 5. Prior to the issuance of the first Certificate of Occupancy for the drug store all non- customer doors(non-glass single/double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened deadbolt locks shall be provided on all the exterior doors with a minimum one (1) inch throw or mechanical interlock. Doors secured by electrical operation shall have a keyed-switch or signal locking device to open the door when in the locked position .The entry door should have a holding force of at least 10001bs. Door hinges shall employ non- removable hinges, and the main entrance to the building shall be monitored by a closed-circuit digital camera surveillance system. (Police Department) The applicant will comply with the above requirement or an acceptable alternative. 6. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Noncompliance with the approved security and management plan may result in a stop- work order for the PUD. (Police Department) The applicant will comply with this requirement. 7. Prior to the issuance of the first Certificate of Occupancy for the building, numerical addresses shall be placed at the front and rear of the building. Each numerical address shall be illuminated for nighttime visibility, with an uninterruptible A.C. power source, shall consist of twelve (12) inch high numbers, and shall be a different color than the color of the surface to which it is attached. The rear doors of the building shall have an illuminated 6 inch number on or along side the door.(Police Department) The applicant will comply with this requirement. 8. Prior to the issuance of a Certificate of Occupancy for any building, the following security measures shall be installed, and reviewed and approved by the Police Department. a. b. C. d. e. f. Building shall have an alarm system consisting of motion sensors, door contacts etc. Service doors shall be equipped with metal plate over thresh- hold of the locking mechanism. Interior doors to office, multipurpose and employee room shall have 100 square inch vision panel. Case hardened commercial grade dead bolt locks shall be installed on all exterior doors with minimum of one inch throw into the strike receiving the bolt. The cylinder shall have a cylinder guard and a minimum of five-pin tumblers. Where feasible door hinges shall be installed on interior side of door or non -removable hinge pins or a mechanical interlock to preclude removal of door from the exterior. Exterior pedestrian doors which provide access into parking lot shall be solid core and where applicable emergency doors shall have no exterior handles. Panic hardware shall have self locking mechanism, may have one locking point and shall have a protective astragal attached to the exterior of the door, which will cover G:\PGA NationalNesort Corewen 2007\AA#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 8 opening between the door and frame, it should extend one inch beyond edge of the door to which it is attached and shall have a minimum 100 square inch vision panel to provide visibility into area being entered. A high resolution color digital video camera system with monitoring and photo processing capabilities shall be installed. Cameras shall be above exit doors, pharmacy and check- out counters, product aisles, photo service area, general stock room and receiving door, all drive thru lanes and any other area deemed necessary to provide for maximum coverage. All hatchway openings to roof shall be secured from inside with a slide bolt or slide bars. outside hinges shall be equipped non-removable pins g. h. The applicant will work with the Police Department to comply with the above requirements, as applicable. COMMENTS FROM SCOTT FETTERMAN, PBG FIRE DEPT.. OCTOBER 1,2007 No Comments. COMMENTS FROM BRUCE GREGG, SUA, DATED JUNE 13,2007 No Comments. COMMENTS FROM JIM ORTH. LBFH, DATED OCTOBER 18,2007 Certification Comments 1. The applicant shall identify the limits of construction on the site plan and engineering plan for conformance with Section 78-46 of the LDR. Specifically, the applicant shall clarify the area of work and the match points of the proposed work to existing. The site and landscape plans depict the property line of the proposed site as the delineation of limits of construction. The project engineering construction documents will specifically delineate the edges of the pavement matching existing to new, 2. The applicant shall add the following note to the site plan and engineering plan “All pavement marking and striping, excludingparking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu of paint or thermoplastic material,” in accordance with Section 78-344 of the LDR. A note has been added to the site plan and engineeringplan stating, “All pavement marking and striping, excluding parking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu ofpaint or thermoplastic material. ”, as requested, G:WGA NationallResort Coremen 2007k4#1\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 9 3. The applicant shall add the following note to the site plan and engineering plan, “Handicap parking signs shall be placed behind the sidewalk in areas where sidewalk abuts the stall and outside the two and a half(25 7 foot overhang area where wheel stops are notprovided. ”The 2%‘ overhang is to be measured from the back of curb, edge of pavement or back of wheel stop as applicable per Sections 78-315 & 78-344 of the LDR. A note has been added to the site plan and engineering plan stating, “Handicap parking signs shall be placed behind the sidewalk in areas where sidewalk abuts the stall and outside the two and a half(2’/2 7 foot overhang area where wheel stops are not provided. ”, as requested. 4. The applicant shall add the following note to the site plan and engineering plan “All handicap accessible ramps shall meet all applicable local, regional and state accessibility guidelines and regulations. Any modifications shall be approved by the engineer-of-record. If A note has been added to the site plan and engineeringplan stating, “All handicap accessible ramps shall meet all applicable local, regional and state accessibility guidelines and regulations. Any mod$cations shall be approved by the engineer-of-record. ”, as requested. 5. The applicant shall add the following note to the landscape plan, “All trees and landscaping will be field located to avoid conflict with the existing and proposed utilities, light poles, drainage lines and lake maintenance easements.” A note has been added to the landscape plan, “All trees and landscaping will be field located to avoid conflict with the existing and proposed utilities, light poles, drainage lines and lake maintenance easements. ”, as requested. 6. The applicant shall show and label the location and pipe material for any roof drains on the engineering plan for conformance with section 78-46 of the LDR. The applicant is advised that the use of RCP, DI, SDR-26 PVC, or C-900 PVC are considered acceptable materials for roof drains, under pavement sections. The engineeringplan has been amended to reflect all proposed locations and pipe materials for all roof drains. 7. The applicant shall clarify if the use of the crosswalks for high points is only to signify drainage ridges, or if they will be designed as speed bumps. If the intent is to elevate them as speed bumps, the applicant shall provide a cross section of the crosswalks extending a minimum 25’ on either side of the crosswalk to show the grade change for conformance with Section 78-46 of the LDR. It is not the intent of the applicant to utilize the crosswalks as speed bumps within the site. The depiction of the high points is specifically to signijj drainage high points. G:PGA NationalResort CoreVien 2007\AA#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 10 8. 9. 10. 11. 12. 13. The applicant shall show, label and dimension all existing and proposed access and utility easements, lake maintenance easements (LME), and buffers on the site plan, engineering plan and landscape plan for conformance with Section 78-46 of the LDR. The attachedplans have been amended to depict and dimension all existing andproposedpublic access easements, utility easements and site buffers, as requested, The applicant shall dimension the radii of the curb on the north side of the building for conformance with Section 78-46 of the LDR. The site plan has been amended to include the dimensions of the radii of the curb on the north side of the building. The applicant shall dimension the width of the access walks from the building to the sidewalk for conformance with Section 78-46 of the LDR. The site plan has been amended to include the dimensions of all access walks leading to and from the building. The applicant shall clarify, what appear to be access walks from the building to the sidewalk on the south side of the building on the engineering plan, which is not identified on the site plan or the landscape plan. The applicant shall revise the plans for consistency. The area in question was a planting bed, however, the plans have been amended to revise the design of this area to include the sidewalk connection to Jog Road. All plans have been amended for consistency with regards to the proposed sidewalks. The applicant shall relocate the Accessible Sign Bollard to a point behind the sidewalk, or outside the 2.5’ vehicle overhang where wheel stops are not proposed, for conformance with Section 78-344 and 78-315 of the LDR. The Accessible Sign Bollards have been relocated outside the 2.5 foot vehicle overhang areas, as requested. The applicant shall clarify the intent of the “2.5’ (Typ)” noted within the parking stalls for conformance with Section 78-46 of the LDR. If it is intended to designate the vehicle overhang, the applicant is advised that when wheel stops are not proposed, the vehicle overhang area shall be measured behind the curb. The attachedplans have been amended to remove the note and the area has been redesigned to remove the sidewalk. The proposed overhang is now designated as part of the island. G:PGA NationalResort CoreRen 2007\AA#l\Application Ltr.03 1207 .wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 11 14. The applicant shall revise the location of the proposed loading spaces, shown on the west side of the building on the site plan, to permit continuous use of the drive lane for conformance with Section 78-46 of the LDR. The plans have been amended to stack the loading spaces to allow for a 13.7 foot drive aisle. 15. The applicant shall identify a minimum 12 foot drive-by area at the southerly compactor location, on the southwest corner of the building, for conformance with Section 78-46 of the LDR. The area currently scales to be +/- 6 feet. The plans have been amended to allow for a 13.7 foot drive aisle. 16. The applicant shall revise the photometric plan for compliance with Ordinance 26,2006 and the City’s Lighting Regulations, which amends Section 78-182 and Section 78-751 of the LDR. The attached photometric plans have been amended to reduce the light levels under the drive through and to maintain the light levels required by the LDR’s. 17. The applicant shall provide the height of the light fixtures on the photometric plans not to exceed 25 feet in height when located in vehicle use areas, and not to exceed 12 feet in height when utilized in pedestrian areas in accordance with Ordinance 26,2006 and the City’s Lighting Regulations. The height of a light fixture shall be measured to the center of the lamp. The PUD approval for the overall shopping center included a waiver to allow the pole heights to exceed 25 feet. The proposed lighting on this site is consistent with the lighting in the overall center and the approved waiver. 18. The applicant shall revise the numeric chart to indicate separate values for the pedestrian areas, vehicle drive areas, parking areas and lot line values. The photometric plan has been amended to separate and calculate the values for the areas requested. 19. The applicant shall identify (draw and label) the extent of each area (Le. calculation area boundaries) on the plan. The lighting consultant is not clear on how to address this request, and would like to request approval to work with the city to include this information prior to construction plan approval. 20. The applicant shall revise the plans for conformance with City Lighting Regulations; the madmin ratio should not exceed 1O:l. The photometric plans have been recalculated and amended to depict the max/min ratio of I0:l or less. G:\PGA NationalUXesort CoreRen 2007\AA#1\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 12 21. The applicant shall revise the lighting levels of the drive-thru area for conformance with the vehicle-use area designation of the City’s Lighting Regulations and Ordinance 26,2006, which specify a maximum 10 fcs. The photometric plans have been amended to depict the proposed lighting levels of the drive-thru area in conformance with the City LDRs and Ordinance 26, 2006, as directed. 22. The applicant shall revise the lighting levels shown in the Luminarie Schedule for conformance with the City’s Lighting Regulations, which specifies that the light loss factor should be .72 for metal halide. The photometric plans have been amended to review the lighting levels utilizing the light loss factor of. 7.2 for metal halide, as directed and as in accordance with the City’s LDRs. 23. The applicant shall show and label existing and proposed (site relative) signage and pavement marking on the site plan and engineering plan, or provide a separate signing and marking plan for the project, for conformance with Section 78-46 of the LDR. The signage shall include; stop signs/stop bars, directional, restrictive and caution signage, handicap parking signs, pedestrian crossing signs, and other signage as required or proposed for the site. The site plan and engineering plan have been amended to reflect he existing and proposed signage and pavement markings. A separate signing and marking plan will be prepared and submitted for review and approval with the engineering construction plans. 24. The applicant shall revise the “Typical Parking Space Detail”, on the site plan, to show that all parking spaces shall be double striped. As an alternative to double striping, the City Engineer may authorize the use of contrasting paving materials, such as specialty paver bricks, as a means to identify individual parking spaces for conformance with Section 78- 344 of the LDR. The site plan has been amended to reflect the double stripping of the proposedparking spaces as directed and as in conformance with the City’s LDRs, Section 78-344. 25. The applicant shall revise the “Typical Parking Space Detail”, on the site plan, to show the accessible bollard located behind the sidewalk or outside the 2.5’ vehicle overhang (where wheel stops are not proposed) for conformance with Section 78-344 and 78-315 of the LDR. The “Typical Parking Space Detail” on the site plan has been amended to be reflect the proposed accessible bollard location. 26. The applicant shall revise the “Typical Parking Space Detail”, on the site plan, for consistency with the stall dimensions shown on the plan view. The “Typical Parking Space Detail” on the siteplan has been amended to be consistent with the dimensions as shown on the plan. G:PGA NationalResort Coremen 2007\AA#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 13 27. The applicant indicates on their Site Analysis (Page 4) that two (2) loading spaces are required and that three (3) loading spaces are provided. However, the site plan “Site Data” table and plan view only show two (2) loading spaces provided. The applicant shall revise the documents for consistency. It is our intent to provide for the two (2) required loading spaces. The notation in the Site Analysis was in error and has been corrected. Waiver Requests 1. The applicant is requesting a waiver from Section 78-284 to allow a changeable copy electronic reader board to be part of the sign design. Please note we remain in support of the City’s LDR requirements, The applicant wishes to withdraw the request for the waiver. Included in this submittal is an amended sign without the electronic reader board. Non Certification Comments NOTE: All engineeringhnfrastructure plans are considered conceptual during the planning and zoning review phase and are subject to further review during the final construction review. These non-certification comments shall be satisfied prior to construction plan approval and the issuance of the first land alteration permit. 1. The applicant shall provide a note on the plan stating, “Allpavement marking and striping, excluding parking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu ofpaint or thermoplastic material,” in accordance with Section 78-344 of the LDR. The applicant has amended the site plan to include the statement, “All pavement marking and striping, excluding parking stalls, shall be installed with thermoplastic materials. Also, paver bricks of appropriate color shall be used on paver brick areas, in lieu of paint or thermoplastic material. ”, as requested. 2. The applicant shall add the following note to the plan, “Handicap parking signs shall be placed behind the sidewalk in areas where sidewalk abuts the stall and outside the two and a half(2% 9 foot overhang area where wheel stops are notprovided. ” The 2%‘ overhang is to be measured from the back of curb, edge of pavement or back of wheel stop as applicable per Sections 78-315 & 78-344 of the LDR. The applicant has amended the site plan to include the statement, “Handicap parking signs shall be placed behind the sidewalk in areas where sidewalk abuts the stall and outside the two and a half(25 7 foot overhang area where wheel stops are not provided. ”, as requested. G:\PGA NationalKesort Coremen 2007M#lL4pplication Ltr.03 1207 .wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 14 3. The applicant shall provide a note on the plan stating, ”All handicap accessible ramps shall meet all applicable local, regional and state accessibility guidelines and regulations. Any modifications shall be approved by the engineer-of-record. “ The applicant has amended the site plan to include the statement, “All handicap accessible ramps shall meet all applicable local, regional and state accessibility guidelines and regulations. Any modifications shall be approved by the engineer-of-record. ”, as requested. 4. The applicant shall add a note to the engineering plan regarding the City’s requirement for the taking of tests to certify the minimum compaction specifications. The City’s specifications shall apply, except where the specific requirements of contract documents or Seacoast Utility Authority are greater. The note shall read, “Density Tests for trenches shall be taken in maximum one (1 9 foot lifts, measured from the top ofpipe. The tests shall be taken, at a maximum spacing of every 300 feet measured from the structure, or at least one test at the center of the pipe segment between two structures ifless than 300 feet. Tests shall also be taken, on alternating sides of the structure with each lyt tested The test location at the structure shall be within five (5 9 feet of the structure. The location and depth of all tests shall be clearlv indicated in the description area on the test report and/or on a location map which shall be attached to the test report. Required testing at structures shall include all inlets, manholes, culverts, vaults, and valves within any paved area” The applicant is further advised that the testing lab or engineer-of-record shall certify, on the test report, the lift thickness for all subgrade, base and pavement tests taken for construction. The applicant shall comply with this request at the time of permit application. 5. The applicant shall add a note to the plan indicating that “All structure rim elevations shall be set to finished surface grade, unless otherwise specifically noted on the plan.” Where the design proposes that the structure rim shall be set above or below the finished surface grade, the applicant shall show and label both elevations clearly on the plan view. The applicant has amended the site plan to include the statement, “All structure rim elevations shall be set to jnished surface grade, unless otherwise specijkally noted on the plan.”, as requested. 6. The applicant shall provide “complete horizontal control of the p roject sufficient to construct the project and determine the dimensions of all site improvements”. The applicant will comply with the requirements for horizontal control of the project at the time of building permit. G:PGA NationalResort Coremen 2007Le4#1L4pplication Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 15 7. Prior to the issuance of the first land alteration permit, the applicant shall provide a copy of the following approved permits, as applicable: SFWMD NPBCID PBC FDOT PBC Health DepartmentlFDEP NPDES The applicant understands and will comply with all applicable permit requirements. 8. The applicant shall indicate the structural numbers for the ‘Asphalt Section (Typ.)’ and the ‘Vehicular Concrete Pavers’ section detail on the Engineering Detail Sheet in accordance with Section 78-499 Table 41 of the LDR. The applicant shall provide a table indicating the layer, material, LBWFBV, material thickness, FDOT layer coefficient; the SN for the pavement section, base section, and subgrade section; and thetotal SN for the total pavement section and the required SN in accordance with the FDOT Flexible Design Manual. The applicant will include the requested structural numbers for the Asphalt Section and Vehicular Concrete Pavers Section detail to the construction plans prior to permitting. 9. The applicant shall provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the state of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City, prior to the issuance of the first land alteration permit. The applicant understands and will comply with all applicable permit requirements. 10. The applicant shall provide a separate cost estimate for the on-site project improvements, not including public infrastructure, landscaping and irrigation costs (which were previously submitted by the applicant) for review and approval by the City. The cost estimate shall be signed and sealed by an engineer and shall be posted with the City prior to the issuance of the first land alteration permit. The applicant understands and will comply with all applicable permit requirements. Recommended Conditions of Approval 1. “Applicant shall copy to the City all permit applications, permits, certifications and approvals. ” (City Engineer) 2. ‘Ypplicant shall provide all necessary construction zone signage and fencing as required by the City Engineer.” (City Engineer) G:\PGA National\Resort CoreRen 2007L4A#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 1 1,2007 Page 16 3. “Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall provide a cost estimate and surety in accordance with LDR Section 78-309 and 78-461 and a separate cost estimate for on-site project improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The cost estimates shall be signed and sealed by an engineer and landscape architect registered in the state of Florida and shall be posted with the City, prior to the issuance of the first land alteration permit. ’’ (City Engineer) 4. “The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities. ” (City Engineer) 5. “Prior to issuance of the first land alteration permit, applicant shall submit signedkealeddated construction plans (paving/grading/drainage and waterhewer) and all pertinent calculations for review and comment. ” (City Engineer) 6. “Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrency approval letters.” (City Engineer) 7. “Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule a pre-permit meeting with City staff: ” (City Engineer) 8. “Prior to the issuance of the first land alteration permit the applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping and light poles to be placed within the utility easements. ” (City Engineer) 9. “Applicant shall notify the City’s Public Works Division at least 10 working days prior to the commencement of any worklconstruction activity within any public right-of-way within the City of Palm Beach Gardens. In the case of a city right-of-way, the applicant has at leastfive working days to obtain a right-of-way permit. Right-of-way permits may be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all worklconstruction activity within the public right-of-way and the subject development site. ” (Public Works) Applicant agrees to all the conditions as set forth above. G:\PGA NationalNesort CoreRen 2007\AA#l\Application Ltr.03 1207.wpd Mr. Richard Marrero Walgreens @ Mirasol December 11,2007 Page 17 Should you have any questions regarding the attached materials, or require any additional information, please let me know. SpGqely, Principal SP attachments c: Judah Rubin G:\PGA NationalWesort Coremen 2007\AA#l\Application Ltr.03 1207.wpd urban dean stu 0 PROJECT NARRATIVE Walgreens at Mirasol Walk September 10, 2007 SUBJECT PROPERTY: Shopping Center TO THE NORTH: Mirasol PCD RequestlLocationlHistory PUD w/CGI Commercial PCD w/ RL3 Residential Urban Design Urban Planning The Mirasol Walk PUD is a 24-acre tract of land located at the TO THE EAST: RR Turnpike TO THE SOUTH: PGA National DRI Land Planning Landscape Architecture northwest corner of the intersection of PGA Boulevard and The Ronald Reagan Turnpike. Mirasol Walk was approved by the City Council on November 6th, 2003 by Ordinance 24,2003 for a rezoning from PDA to PUD, with an underlying zoning of General Commercial (CG-1). Resolution 168, 2003, allowed for a Grocery Store, retail, financial institutions, and approved a conditional use for a gas stationkonvenience. The project has been amended several times to allow for site plan approvals and administrative amendments for all of the parcels in the PUD with the exception of Parcels 1 and 2. This request is to allow a 14,820 square foot drugstore with drive-thru window on Parcels 1 and 2 which are the last remaining un-built parcels in the project. This request is consistent with the currently approved Master Plan, and meets the intent and design criteria of the PUD. Road ROW Road ROW PCD w/RL3 Residential Existing Zoning and Future Land Use Designations TO THE WEST: Mirasol PCD The Mirasol Walk PUD currently has a future land use designation of Commercial (C) and a zoning designation of Planned Unit Development (PUD), with an underlying zoning of General Commercial (CG-1). The proposed site plan is consistent with the approved Master Plan, and will not require amendments to the zoning designations or the Comprehensive Plan designations. PCD w/ RL3 Re sid enti al A7 EXISTING USE I ZONING I FUTURE LAND USE I Project Narrative Mirasol Walk PUD Amendment September 10,2007 Page 2 Concurrency Mirasol Walk received Conditional Concurrency Certification at the time of the approval of the PUD. The proposed site plan is consistent with the approved master site plan, and the proposed use is within the limits of the allowed retail square footage for the center. PROJECT DETAILS Architectural Style and Special Features The proposed drug store has been designed to take into consideration the approved Design Guidelines and the existing structures within the center. The use of architectural trims, columns and tile has been extended to this building. The proposed colors and materials will also match the existing center. ParkwaylLandscape Buffers The existing 6' hedges, grasses, Pine and Oak trees within the Parkway Buffer along Jog Road and the entrance drive will be maintained and supplemented with additional hedges, grasses and trees. Additional plants will be provided at the corner signage feature. Building Landscaping Landscape planting around the building is proposed to include Multi-truck Palms, grasses, and hedges that will be consistent with the palette of plant materials of the rest of the center. Access Access to the Mirasol Walk is provided from a single driveway on PGA Blvd. and two driveways on Jog Road. Access into Parcels 1 and 2 is limited to internal circulation within the shopping center and does not have direct access to the Thoroughfare roadways. All access and right-of-way requirements of the PUD have been met. Pedestrian Connectivity Pedestrian connectivity is provided through a system of sidewalks along Jog Road which connect to the internal sidewalks in the center. The modification of one existing crosswalk to the south of the entrance of the Walgreens parking lot will be required to improve it's alignment. C:\Documents and Settings\uds\Local Settings\Temporary Internet Files\OLK74Vroject Narrative PUD 12 1 107.wpd Project Narrative Mirasol Walk PUD Amendment Project Signage September 10,2007 Page 3 As part of the approved PUD, the site is entitled to one ground sign. The proposed “Monument Sign # 4” as shown on the approved Master Plan is proposed to be moved to a more central location on the corner of the property. The sign as proposed will be consistent with the general design criteria of the PUD, however, it will also include an electronic reader board. This application is requesting a waiver from the code for the addition of the reader board. Signs are being proposed on two sides of the building in accordance with the provision in the code that allows building identification and tenant identification signs. The maximum height of the letters is 24” with the total sign face area being 72 square feet per side. Lighting Light poles are being proposed in accordance with the approved lighting pole and fixture of the overall center. Parking Parking is being provided in accordance with the parking ratio required by the approved Master Plan at 1 space per 200 square feet. Parking spaces are 9.5’ x 18.5’ in accordance with the previously approved waiver for the PUD. UtiIitieslInfrastructurelDrainage Utilities and infrastructure have been provided to the site as part of the construction of the existing center. Accommodations have been made on the site and landscape plans for the required utility services and the screening required. Phasing The Mirasol Walk PUD was approved with 5 out-parcels. Parcel 5 was developed as a gas station and convenience store concurrently with the main center. Parcels 3 and 4 have been developed as financial institutions and Parcels 1 and 2 are the only remaining parcels left for development and which are the subject of this application. C:\Documents and Setting\uds\Local Settings\Temporary Internet Files\OLK74\ProJect Narrative PUD 12 1 107.wpd September 10,2007 Page 4 Land Development Reg u I at ions Minimum Buildin nimum Lot Width C:\Documents and Settings\uds\Local SettingATemporary Internet Files\OLK74Vroject Narrative PUD 12 1 107.wpd Project Narrative Mirasol Walk PUD Amendment September 10,2007 Page 5 Comparison (per code unless otherwise noted Reader Board Tenant Signs Points Allowed Proposed Compliance I 15 feet-fiom ROW line 47' from ROW line Yes 50 feet-side property n/a from side Not allowed LED reader board proposed no side of sign, 3 feet in rear 1 per Building / 36" letters 1 Bldg ID 24" letters Yes 1 per tenant NMT 24" 1 Tenant ID 24" letters I yes letters 495 1.3 I 6995.8 I yes Waiver Requested Yes Waivers The general purpose and intent of the PUD Planned unit development overlay district is established "to permit and encourage more efficient and creative development or re-development of property; to encourage an economical and efficient arrangement of buildings; to provide maximum opportunity for application of innovative concepts of development in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size shape and location. ..and to ensure that development occurs according to limitations of use, design, density, coverage, and planning as stipulated in an approved development plan." As a result of these concepts, the PUD Overlay District was created as a "Flexible" zoning district that is intended to allow for deviations from the standard Land Development Regulations. The deviations are accommodated through the Waiver approval process. The granting of waivers allows innovative, and creative design concepts to be realized that will be a benefit to the city. As required, the proposed waivers meet the criteria established in the Land Development Regulations Under Section 78-1 58(I). C:\Documents and Settings\uds\Local Settings\Temporary Internet Files\OLK74Vroject Narrative PUD 12 I l07.wpd Project Narrative Mirasol Walk PUD Amendment September 10,2007 Page 6 We believe that the design of this sign is consistent with the intent and purpose of the Planned Unit Development Overlay District regulations, is similar to changeable copy gasoline sales signs, and is consistent with comparable signs within other communities. For these reasons we feel the requested waiver should be approved and respectfully request your support. The applicant is requesting the following waiver: A Waiver to Allow an LED Reader Board as an amendment to the Master Sign Program for Monument Sign #4: The applicant is requesting a waiver from Section 78-284 Prohibited signs and prohibited sign locations (h)(6) Changeable Copy signs, to allow a changeable copy electronic reader board to be part of the sign design for the Walgreens monument sign. This reader board is part of a nationwide signage program utilized by the Walgreens organization and is controlled remotely to provide consistent and timely information regarding sales and promotions. The reader board is similar in concept to the changeable copy of gasoline sales signs, however, with the technologically updated electronic version, the sign is cleaner and more efficient. Because the Walgreens store is located in the “rear” of the shopping center, and is removed from the frontage of PGA Blvd., the visibility of any sales information is severely limited. The ability to advertise is very important to the store and the changeable copy reader board would provide valuable visibility for the store. Otherwise the design, colors and materials of the sign are consistent with the Master Signage Program. The proposed landscape plan provides 40% more landscape material than is required by code and the applicant has provided additional landscape materials around the sign and on the property to enhance the area around the sign. 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Date Prepared: September 9,2003 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 RESOLUTION 168,2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE MASTER DEVELOPMENT PLAN PETITION OF GEE & JENSON, AGENT FOR NORTH AMERICAN PROPERTIES & INVESTORS, INC. FOR THE OF PGA BOULEVARD AND THE RONALD REAGAN TURNPIKE, AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW A GROCERY STORE, RETAIL, AND FINANCIAL INSTITUTIONS; GRANTING CONDITIONAL USE APPROVAL FOR A GAS STATIONKONVENIENCE STORE; AND PROVIDING AN EFFECTIVE DATE. 24-ACRE PROPERTY LOCATED ON THE NORTHWEST CORNER WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, the City's Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition PUD-01-11 from Gee & Jenson, agent for North American Properties & Investors Inc., for master development approval for 57,036 square feet of grocery store, 27,996 square feet of retail, a Conditional Use (CU) for 3,925 square feet of gas stationkonvenience store, and approval for the uses of four out parcels consisting of two 5,000 square-foot banks and two specialty retail buildings, not to exceed a combined total of 14,693 square feet on an approximately 24-acre site located at the northwest corner of PGA Boulevard and the Ronald Reagan Turnpike, as more particularly described herein; and WHEREAS, the subject site has been zoned to PUD with an underlying zoning of General Commercial (CG-1); and WHEREAS, the Master Development Plan was reviewed by the Planning and Zoning Commission at a public hearing conducted on June 24, 2003; and WHEREAS, the gas station/ convenience store has been reviewed as a Conditional Use (CU) and has met the conditional use criteria per Section 78-52 of the City's Land Development Regulations; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; 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: September 9,2003 Resolution 168,2003 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 Master Development Plan application of Gee & Jenson, agent for North American Properties & Investors, Inc., is hereby APPROVED on the following described real property, to permit 57,036 square feet of grocery store, 27,996 square feet of retail, a Conditional Use (CU) for 3,925 square feet of gas stationkonvenience store, and approval for the uses of four out parcels consisting of two 5,000 square-foot banks and two specialty retail buildings, not to exceed a combined total of 14,693 square feet on an approximately 24-acre site located at the northwest corner of PGA Boulevard and the Ronald Reagan Turnpike, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: PARCEL 30.02 A PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH 88 27’05 WEST, ALONG THE SOUTH LINE OF SOUTHEAST QUARTER (SE %) OF SAID SECTION 3, A DISTANCE OF 903.56 FEET; THENCE NORTH 01 35’04” EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 98.86 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF PGA BOULEVARD, AS DESCRIBED IN MINUTES OF THE CIRCUIT COURT BOOK 67, PAGE 566; SAID PINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE SOUTH 77 30’46” WEST, ALONG SAID NORTH LINE, A DISTANCE OF 160.23 FEET TO THE INTERSECTION WITH THAT CERTAIN RIGHT OF WAY DEED FOR PGA BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 2399, PAGE 1073; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE NORTH 88 27’05” WEST A DISTANCE OF 468.41 FEET; THENCE NORTH 43 30’10’’ WEST, DEPARTING FROM SAID NORTH LINE, A DISTANCE OF 623.10 FEET TO A PINT ON A CURVE CONCAVE WESTERLY (A RADIAL LINE PASSING THROUGH SAID PINT BEARS NORTH 43 30’10” WEST) HAVING A RADIUS OF 175.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF 11 36’20”, A DISTANCE OF 340.88 FEET TO A POINT ON A CURVE CONCAVE EASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 83 33’56” EAST) HAVING A RADIUS OF 2,940.00 FEET; THENCE” 2 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: September 9,2003 Resolution 168,2003 NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 01’34”, A DISTANCE OF 360.53 FEET’ THENCE SOUTH 88 24’56” EAST, A DISTANCE OF 1,067.38 FEET TO THE WEST RIGHT OF WAY LINE OF FLORIDA’S TURNPIKE; THENCE SOUTH 01 35’04”WEST, ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 1,041.43 FEET TO THE POINT OF BEGINNING. I 1. 2. 3. 4. 5. The approved uses for the Mirasol Walk Planned Unit Development shall I consist of the following: antique shop; appliance and electronics store; bakery; bicycle store; bookstore; clothing and accessory store; consignment shop; convenience store wlgas sales-out parcel 5 only; drug store or pharmacy; floral or florist shop; gift and card shop; grocery store- anchor tenant only; hardware, paint, glass, wallpaper, and floor covering store- less than 10,000 square feet: toy, hobby, fabric, and craft shop; jewelry store- including repair; pet grooming shop; pottery shop; restaurant, quality, specialty, and takeout- total not to exceed 4,000 square feet of in-line retail space; bankffinancial institution wl or wlo drive-thru lanes; barbedbeauty shops; blueprinting service; dry cleaning excluding self service laundry; locksmith; mail and packing store, private; post office and accessory post office; personal services; picture framing; art gallery and museum; tailor shop; travel agency; video rental and sales; interior design including sales; specialty retail excluding discount, wholesale, or outlet stores; public park; accessory satellite dishes in accordance with City Code Section 78-159 (69); and accessory uses. (Planning & Zoning) The applicant shall submit a tabular summary that includes each tenant and the square footages for all uses on site. This summary shall be updated and submitted each time an interior tenant renovation permit and occupational license are submitted to the City for review and approval. (Planning & Zoning) Tenant signage size shall be limited to 60% of the average rectangular stucco to the attached area, and all signage shall not exceed City Code Section 78- 285, Permitted Signs. (Planning & Zoning) All tenant signage shall be limited to one typeface and one color. The first tenant sign permit to be issued by the Growth Management Department shall provide for the color and typeface allowed in the PUD. (Planning & Zoning) Prior to the issuance of the first certificate of occupancy, the applicant shall submit documentation to the City to establish that they have negotiated in good faith to secure an agreement with either the United States Postal Service for an independent retail mail outlet or with a tenant (such as Mail Boxes, Etc., The Shipping Store, Hallmark Crown Store) that has entered into an agreement with the United States Postal Service to be a “Contract Postal Unit” in Phase I of the project. (Planning & Zoning and City Attorney) 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 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Date Prepared: September 9,2003 Resolution 168,2003 Out parcels one, two, three, and four shall not be cleared until site plans for these parcels are approved by the City Council. Minor areas may be cleared to install utilities for Phase 1 of the PUD if a clearing permit is reviewed and approved by the City Forester. (Planning & Zoning) Prior to issuance of the first Certificate of Occupancy, unity of control documents for the Mirasol Walk Planned Unit Development (PUD) shall be submitted to the City and approved by the City Attorney. (City Attorney) Prior to issuance of the first Certificate of Occupancy, dark green slats shall be installed in the chain link fence at the point where the Seacoast Utility easement is located within the Ronald Reagan Turnpike buffer. (Planning & Zoning ) The applicant shall apply for a conditional use for each bank that includes more than four drive-thru lanes. (Planning & Zoning) All mechanical equipment shall be screened from view. (Planning 8, Zoning) Mechanical equipment for the service station shall be located behind the screened area for HVAC. (Planning & Zoning) The shopping cart operation shall follow the regulations set forth in City Code Section 78-221 (h) (9). (Planning & ZoninglCode Enforcement) No additional signage or banners shall be installed on site without City The lighting source from the service station canopy shall be recessed so that there is no off-site glare or lighting spillover into PGA Boulevard. (Planning & Zoning) Council approval. (Planning & Zoning) I Prior to construction plan approval, the applicant shall provide a letter of consent from the utility easement owner(s) allowing light fixture poles andlor landscaping within their utility easements. (City Engineering) An exclusive right-turn ingress lane shall be provided at the project access driveway along PGA Boulevard prior to issuance of the first Certificate of Occupancy. (Engineering) No building permits shall be issued for square footage which generates more than 4,996 net new external trips until a contract is let for the expansion of PGA Boulevard from Ryder Cup Boulevard to the Avenue of the Champions to a four-lane divided cross-section. (Engineering) 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 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Date Prepared: September 9, 2003 Resolution 168,2003 Pedestrian and vehicular connectivity to and from each out parcel shall be required. Pedestrian and vehicular connectivity shall also be required to the shopping center from the out parcels. (Planning & Zoning) If, in the future, the ultimate right-of-way adjacent to PGA Boulevard is developed for roadway purposes, all monument signs located in this right-of- way shall be removed and relocated elsewhere on site at the owner’s expense, subject to review and approval by the Growth Management Department. (Planning & Zoning) If, in the future, FDOT and all applicable agencies agree to the construction of a pedestrian crosswalk across the access lanes of the Ronald Reagan Turnpike and the PGA Boulevard intersection, the applicant shall, at its own expense, extend the pedestrian crosswalk within the Parkway easement located on its property from PGA Boulevard entrance to the Ronald Reagan Turnpike. (City Engineering) Each future out parcel shall be reviewed and approved as major amendments to the PUD. (Planning & Zoning) Prior to construction plan approval, the applicant shall identify all proposed handicap ramps on the construction plans. Handicap ramps shall be provided at all sidewalks intersecting curbs, and all handicap ramps shall comply with ADA requirements. (City Engineering) Prior to construction plan approval, the applicant shall reflect on the construction plans that the existing grades at the property line will be met without impact to the Fire Department property. (City Engineering) Prior to construction plan approval, the applicant shall indicate the maximum slope and slope direction towards the parking lot for the 11.5-foot wide area shown on Section H-H. (City Engineering) Within 90 days from the effective date of this Resolution, the applicant shall submit to the City the sum of $15,000.00 for the purpose of installing a City entryway sign at the southwest corner of PGA Boulevard and the Ronald Reagan Turnpike. (Planning & Zoning) The applicant shall install the PGA Boulevard buffer and preserve area within 6 months from the issuance of the first clearing permit; and the remaining buffers shall be installed within 12 months from the issuance of the first clearing permit. (Planning & Zoning) Prior to the issuance of the first building permit, the applicant shall install and maintain a 10-foot minimum strip of sod on the vacant out parcels adjacent to Jog Road. (Planning & Zoning) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 9,2003 Resolution 168,2003 28. The build-out date for the Mirasol Walk PUD shall be December 31, 2003, as referenced in the September 18, 2002, concurrency approval letter from the Palm Beach County Department of Engineering. (City Engineering) 29. Prior to the first Certificate of Occupancy, the applicant shall complete all Palm Beach County required road improvements for the westbound side of PGA Boulevard, from the Ronald Reagan Turnpike to Mirasol Drive, in the event these road improvements have not been completed by the Mirasol PCD. (Planning & Zoning) 30. Prior to construction plan approval, the applicant shall submit a Traffic Pavement Markings and Signage Plan for City review and approval. (City Engineering) 31. If Exhibits C and D, attached to the Staff report, are approved by the City Council, the applicant shall incorporate the approved modifications of Exhibit C and Exhibit D into the site plans, landscape plans, and construction plans, and Exhibit D shall be revised to show the north end of the curbed landscaped median pulled back from the east bound travel lane a distance of 5 feet prior to construction plan approval. (City Engineering) Crime Prevention Throuah Environmental Desiqn CPTED: 32. Lighting shall not conflict with landscaping, including long-term tree growth. (Police Department) 33. All lighting for parking lots and pedestrian walkways shall be metal halide. (Police Department) 34. Building lighting shall be around the perimeter on all sides and on pedestrian walkways. No glare lighting shall be used. (Police Department) 35. Entry signage shall be lighted. (Police Department) 36. Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits including emergency exits. (Police Department) 37. Numerical addresses shall: l a. Be illuminated for nighttime visibility and be unobstructed; b. Have bi-directional visibility from the roadway; and c. Be placed at the front and rear of each business. (Police Department) 6 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: September 9,2003 Resolution 168,2003 , 38. All structures shall use the following target hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism, 1 c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180-degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non- removable hinge pins. (Police Department) 39. Exterior roll-up doors shall be target hardened. (Police Department) 40. Metal halide lighting shall be used for the multi-use pathways and sidewalks within the site, shall be lit at a minimum of 0.6-foot candles with 12-foot high pedestrian scale lighting, and shall be the same design used within the MirasoVJog Parkway corridor (Police Department). 41. ATM security shall be achieved by using the following techniques: a. Shall be visible from roadway(s). b. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install a slow speed video camera that is recording 24-hours a day. d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of video recording. e. Install and strategically place a convex mirror to allow operator of the ATM to identify any approaching person(s) and /or potential suspect(s). f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police Department) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida 1. hereby approves the following eight (8) waivers: Section 78-1 54, PUD- Planned Unit Development Overlay District, to allow for a Planned Unit Development (PUD) size of approximately 24 acres. 7 1 2. 2 3 4 3. 5 6 7 4. 8 9 10 5. 11 12 13 6. 14 15 16 7. 17 18 19 8. 20 21 Date Prepared: September 9,2003 Resolution 168,2003 Section 78-182, Illumination of Uses and Buildings, to allow for a light pole height of 35 feet in vehicle use areas. Section 78-182, Illumination of Uses and Buildings, to allow for a 15.4 foot- candle level at the gas station. Section 78-182, Illumination of Uses and Buildings, to allow for a 5.8 foot- candle level at the east property line. Section 78-231 , Parkway Overlay District, to allow for a parkway easement of 55 feet adjacent to Jog Road. Section 78-508, Intersections, to allow for a driveway with a separation distance of 59 feet. Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a building height of 43 feet. Section 78-285, Permitted signs, to allow for a letter height of 48 inches for the principal tenant sign. 22 SECTION 4. This PUD approval shall be in compliance with the following plans 23 25 1. Mirasol Walk Site Plan, sheet P1, 1 sheet total, by Gee & Jenson, 26 September 5,2003. 27 28 Mirasol Walk Right of Way Plan, sheet P2, 1 sheet total, by Gee & Jenson, 29 July 24, 2003. 30 31 Mirasol Walk Landscape Plans, sheets L1, L2, L3, L4, L5, L6, L7, and L8,8 32 sheets total, by Gee & Jenson, July 24, 2003, and September 2, 2003 33 (sheets L3 & L8). 34 35 Mirasol Walk Architectural Elevations and roof plans, sheets A2.01 , A2.02, on file with the City’s Growth Management Department: 24 2. 3. 4. 36 37 38 39 40 41 42 43 7. Photometric Site Plan for Exxon Mobil, by Progressive Development, 44 September 5,2003. 45 and A3.07, 4 sheets total, by Marc Wiener, A.I.A., July 24,2003. Convenience Store elevations, roof, and floor plans, sheets A1.0, A1.5, A2.0, A2.1 , Cl .I , C1.2, by WD Partners, August 7,2003. Photometric Plan, sheet 1 of 1 , by WLS Lighting Systems, August 8, 2003. 5. 6. 8 Date Prepared: September 9,2003 Resolution 168,2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ATTEST: 8. Mirasol Walk Design Guidelines, by North American Properties, July 24, 2003. SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this brW day of ~39~ev~h , 2003. CITY OF-ACH GARDENS, FLORIDA 17 18 19 BY: 20 Patricia Snider, City Clerk 21 22 23 24 25 LEGAL SUFFICIENCY APPROVED AS TO FORM AND 26 27 28 BY: 29 30 Mristine P. Taturn, City Attorney 31 32 VOTE: 33 34 MAYOR JABLIN 35 36 VICE MAYOR SABATELLO 37 38 COUNCILMEMBER CLARK 39 40 COUNCILMEMBER RUSSO 41 42 COUNCILMEMBER DELGADO 43 W -- AYE NAY ABSENT 44 45 46 47 \\pbgsfile\Attomeylattcuney-shareWESOLUllONSbeso 168 2003 - mirasol walk-rez-mpwith changes 10-6-03.d~ d i * 9 1 2 RESOLUTION 71,2005 3 4 5 A RESOLUTION OF THE CITY COUNCIL OF 6 BEACH GARDENS, FLORIDA APPROVING AN THE CITY OF PALM AMENDMENT TO THE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 MIRASOL WALK PLANNED UNIT DEVELOPMENT (PUD), WHICH IS LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND THE FLORIDA TURNPIKE, AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW 4,000 ADDITIONAL SQUARE FEET OF RESTAURANT AND TO INCLUDE PROFESSIONAL AND BUSINESS OFFICE AS A PERMITTED USE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 6, 2003, the City Council approved the Mirasol Walk Planned Unit Development (PUD) with the adoption of Resolution 168, 2003; and WHEREAS, on November 12, 2004, the City Council approved the Sun Trust Bank out-parcel with the adoption of Resolution 221, 2004; and WHEREAS, the City received petition MISC-05-07 from North American Properties, agent for PBC-Three LLC, for an amendment to the Mirasol Walk Planned Unit Development (PUD), which is located at the northwest corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein, to allow for 4,000 additional square feet of restaurant and to include professional and business office as a permitted use; and WHEREAS, the subject site is zoned Planned Unit Development (PUD) with an underlying zoning of General Commercial (CG-1) and has a future land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended its approval; 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. Section 2 of Resolution 168,2003 is hereby amended to read: 1. The approved uses for the Mirasol Walk Planned Unit Development shall consist of the following: antique shop; appliance and electronics store; bakery; bicycle store; bookstore; clothing and accessory store; consignment shop; convenience store 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2. 3. 4. 5. 6. 7. 8. Date Prepared: April 29,2005 Resolution 71, 2005 w/gas sales - out-parcel 5 only; drug store or pharmacy; floral or florist shop; gift and card shop; grocery store - anchor tenant only; hardware, paint, glass, wallpaper, and floor covering store - less than 10,000 square feet; toy, hobby, fabric, and craft shop; jewelry store - including repair; pet grooming shop; pottery shop; professional and business office; restaurant, quality, specialty, and takeout - total not to exceed 8,000 square feet of in-line retail space; bankhancial institution w/ or w/o drive-thnr lanes: barber/beauty shops; blueprinting service; dry cleaning excluding self-service laundry; locksmith; mail and packing store, private; post office and accessory post office; personal services; picture framing: art gallery and museum; tailor shop; travel agency; video rental and sales; interior design including sales; specialty retail excluding discount, wholesale, or outlet stores; public park; accessory satellite dishes in accordance with City Code Section 78- 159 (69); and accessory uses. (Planning & Zoning) The applicant shall submit a tabular summary that includes each tenant and the square footages for all uses on site. This summary shall be updated and submitted each time an interior tenant renovation permit and occupational license are submitted to the City for review and approval. (Planning & Zoning) Tenant signage size shall be limited to 60% of the average rectangular stucco to the attached area, and all signage shall not exceed City Code Section 78-285, Permitted Signs. (Planning & Zoning) All tenant signage shall be limited to one typeface and one color. The first tenant sign permit to be issued by the Growth Management Department shall provide for the color and typeface allowed in the PUD. (Planning & Zoning) Prior to the issuance of the first certificate of occupancy, the applicant shall submit documentation to the City to establish that they have negotiated in good faith to secure an agreement with either the United States Postal Service for an independent retail mail outlet or with a tenant (such as Mail Boxes, Etc., The Shipping Store, Hallmark Crown Store) that has entered into an agreement with the United States Postal Service to be a “Contract Postal Unit” in Phase 1 of the project. (Planning & Zoning, City Attorney) (COMPLETED) Out-parcels one, two, three, and four shall not be cleared until site plans for these parcels are approved by the City Council. Minor areas may be cleared to install utilities for Phase 1 of the PUD if a clearing permit is reviewed and approved by the City Forester. (Planning & Zoning) Prior to issuance of the first Certificate of Occupancy, unity of control documents for the Mirasol Walk Planned Unit Development (PUD) shall be submitted to the City and approved by the City Attorney. (City Attorney) (COMPLETED) Prior to issuance of the first Certificate of Occupancy, dark green slats shall be installed in the chain link fence at the point where the Seacoast Utility easement is located within the Ronald Reagan Turnpike buffer. (Planning & Zoning) (COMPLETED) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2 Date Prepared: April 29,2005 Resolution 71, 2005 The applicant shall apply for a conditional use for each bank that includes more than four drive-thru lanes. (Planning & Zoning) All mechanical equipment shall be screened from view. (Planning & Zoning) Mechanical equipment for the service station shall be located behind the screened area for HVAC. (Planning & Zoning) The shopping cart operation shall follow the regulations set forth in City Code Section 78-221 (h) (9). (Planning & Zoning, Code Enforcement) No additional signage or banners shall be installed on site without City Council approval. (Planning & Zoning) The lighting source from the service station canopy shall be recessed so that there is no off-site glare or lighting spillover into PGA Boulevard. (Planning & Zoning) Prior to construction plan approval, the applicant shall provide a letter of consent from the utility easement owner(s) allowing light fixture poles and/or landscaping within their utility easements. (City Engineering) (COMPLETED) An exclusive right-turn ingress lane shall be provided at the project access driveway along PGA Boulevard prior to the issuance of the first Certificate of Occupancy. (Engineering) (COMPLETED) No building permits shall be issued for square footage which generates more than 4,996 net new external trips until a contract is let for the expansion of PGA Boulevard from Ryder Cup Boulevard to the Avenue of the Champions to a four- lane divided cross-section. (Engineering) Pedestrian and vehicular connectivity to and from each out parcel shall be required. Pedestrian and vehicular connectivity shall also be required to the shopping center from the out parcels. (Planning 8, Zoning) If, in the future, the ultimate right-of-way adjacent to PGA Boulevard is developed for roadway purposes, all monument signs located in this right-of-way shall be removed and relocated elsewhere on site at the owner’s expense, subject to review and approval by the Growth Management Department. (Planning & Zoning) If, in the future, FDOT and all applicable agencies agree to the construction of a pedestrian crosswalk across the access lanes of the Ronald Reagan Turnpike and the PGA Boulevard intersection, the applicant shall, at its own expense, extend the pedestrian crosswalk within the Parkway easement located on its property from the PGA Boulevard entrance to the Ronald Reagan Turnpike. (City Engineering) Each future out parcel shall be reviewed and approved as major amendments to the PUD. (Planning & Zoning) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Date Prepared: April 29,2005 Resolution 71, 2005 Prior to construction plan approval, the applicant shall identify all proposed handicap ramps on the construction plans. Handicap ramps shall be provided at all sidewalks intersecting curbs, and all handicap ramps shall comply with ADA requirements. (City Engineering) (COMPLETED) Prior to construction plan approval, the applicant shall reflect on the construction plans that the existing grades at the property line will be met without impact to the Fire Department property. (City Engineering) (COMPLETED) Prior to construction plan approval, the applicant shall indicate the maximum slope and slope direction towards the parking lot for the 11.5-foot wide area shown on Section H-H. (City Engineering) (COMPLETED) Within 90 days from the effective date of this Resolution, the applicant shall submit to the City the sum of $15,000.00 for the purpose of installing a City entryway sign at the southwest corner of PGA Boulevard and the Ronald Reagan Turnpike. (Planning & Zoning) (COMPLETED) The applicant shall install the PGA Boulevard buffer and preserve area within 6 months from the issuance of the first clearing permit; and the remaining buffers shall be installed within 12 months from the issuance of the first clearing permit. (Planning & Zoning) (COMPLETED) Prior to the issuance of the first building permit, the applicant shall install and maintain a 10-foot minimum strip of sod on the vacant out parcels adjacent to Jog Road. (Planning & Zoning) The build-out date for the Mirasol Walk PUD shall be /hwmber 31, 2M 3. (City December 31, 2007.h !e, Engineering) Prior to the first Certificate of Occupancy, the applicant shall complete all Palm Beach County required road improvements for the westbound side of PGA Boulevard, from the Ronald Reagan Turnpike to Mirasol Drive, in the event these road improvements have not been completed by the Mirasol PCD. (Planning & Zoning) Prior to construction plan approval, the applicant shall submit a Traffic Pavement Markings and Signage Plan for City review and approval. (City Engineering) (COMPLETED) If Exhibits C and D, attached to the Staff report, are approved by the City Council, the applicant shall incorporate the approved modifications of Exhibit C and Exhibit D into the site plans, landscape plans, and construction plans, and Exhibit D shall be revised to show the north end of the curbed landscaped median pulled back from the east bound travel lane a distance of 5 feet prior to construction plan approval. (City Engineering) (COMPLETED) 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 48 49 Date Prepared: April 29,2005 Resolution 71,2005 Crime Prevention Throuqh Environmental Desiqn CPTED: 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Lighting shall not conflict with landscaping, including long-term tree growth. (Police Department) All lighting for parking lots and pedestrian walkways shall be metal halide. (Police Department) Non-glare building lighting shall be around the perimeter on all sides and on pedestrian walkways. (Police Department) Entry signage shall be lighted. (Police Department) Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits including emergency exits. (Police Department) Numerical addresses shall: a. Be illuminated for nighttime visibility and be unobstructed; b. Have bidirectional visibility from the roadway; and c. Be placed at the front and rear of each business. (Police Department) All structures shall use the following target hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180-degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police Department) Exterior roll-up doors shall be target hardened. (Police Department) Metal halide lighting shall be used for the multi-use pathways and sidewalks within the site, shall be lit at a minimum of 0.6-foot candles with 12-foot high pedestrian scale lighting, and shall be the same design used within the MirasoVJog Parkway corridor (Police Department). ATM security shall be achieved by using the following techniques: a. Shall be visible from roadway(s). 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Date Prepared: April 29,2005 Resolution 71,2005 b. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install a slow speed video camera that is recording 24-hours a day. d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of video recording. e. Install and strategically place a convex mirror to allow operator of the ATM to identify any approaching person(s) and/or potential suspect(s). f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police Department) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eight (8) waivers: 1. 2. 3. 4. 5. 6. 7. 8. Section 78-1 54, PUD- Planned Unit Development Overlay District, to allow a Planned Unit Development (PUD) size of approximately 24 acres. Section 78-182, lllumination of Uses and Buildings, to allow for a light pole height of 35 feet in vehicle use areas. Section 78-182, Illumination of Uses and Buildings, to allow for a 15.4 foot-candle level at the gas station. Section 78-182, Illumination of Uses and Buildings, to allow for a 5.8 foot-candle level at the east property line. Section 78-231 , Parkway Overlay District, to allow for a parkway easement of 55 feet adjacent to Jog Road. Section 78-508, Intersections, to allow for a driveway with a separation distance of 59 feet. Section 78-1 53, Nonresidential Zoning District Regulations, to allow for a building height of 43 feet. Section 78-285, Permitted signs, to allow for a letter height of 48 inches for the principal tenant sign. for SECTION 4. This PUD approval shall be in compliance with the following plans on file 43 44 45 46 2003. 47 with the City’s Growth Management Department: I. Mirasol Walk Site Plan, sheet P’l , I sheet total, by Gee & Jenson, September 5, 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 2. 3. 4. 5. 6. 7. 8. Date Prepared: April 29,2005 Resolution 71, 2005 Mirasol Walk Right of Way Plan, sheet P2, 1 sheet total, by Gee & Jenson, July 24,2003. Mirasol Walk Landscape Plans, sheets L1, L2, L3, L4, L5, L6, L7, and L8, 8 sheets total, by Gee & Jenson, July 24, 2003, and September 2, 2003 (sheets L3 & L8). Mirasol Walk Architectural Elevations and roof plans, sheets A2.01 , A2.02, and A3.07,4 sheets total, by Marc Wiener, A.I.A., July 24, 2003. Convenience Store elevations, roof, and floor plans, sheets A1.O, A1.5, A2.0, A2.1 , C1 .I , C1.2, by WD Partners, August 7,2003. Photometric Plan, sheet 1 of 1 , by WLS Lighting Systems, August 8, 2003. Photometric Site Plan for Exxon Mobil, by Progressive Development, September 5, 2003. Mirasol Walk Design Guidelines, by North American Properties, July 24, 2003. SECTION 5. The Planned Unit Development (PUD) amendment petition for 4,000 additional square feet of restaurant space and to include professional and business office as a permitted use is APPROVED on the following described real property: LEGAL DESCRIPTION: PARCEL 30.02 A PARCEL OF LAND SITUATED IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE NORTH 88’27’05” WEST, ALONG THE SOUTH LINE OF SOUTHEAST QUARTER (SE X) OF SAID SECTION 3, A DISTANCE OF 903.56 FEET; THENCE NORTH 01’35’04” EAST, DEPARTING SAID SOUTH LINE, A DISTANCE OF 98.86 FEET TO A POINT ON THE THE CIRCUIT COURT BOOK 67, PAGE 566; SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD, AS DESCRIBED IN MINUTES OF THENCE SOUTH 77’30’46” WEST, ALONG SAID NORTH LINE, A DISTANCE OF 160.23 FEET TO THE INTERSECTION WITH THAT CERTAIN RIGHT-OF-WAY DEED FOR PGA CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 88’27’05” WEST A BOULEVARD AS RECORDED IN OFFICIAL RECORDS BOOK 2399, PAGE 1073; THENCE DISTANCE OF 468.41 FEET; THENCE NORTH 43’30’10’’ WEST, DEPARTING FROM SAID NORTH LINE, A DISTANCE OF 623.10 FEET TO A POINT ON A CURVE CONCAVE WESTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 43”30’10” WEST) HAVING A RADIUS OF 175.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11’36’20”, A 7 ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Date Prepared: April 29,2005 Resolution 71,2005 DISTANCE OF 340.88 FEET TO A POINT ON A CURVE CONCAVE EASTERLY (A RADIAL LINE PASSING THROUGH SAID POINT BEARS SOUTH 83’33’56” EAST) HAVING A RADIUS OF 2,940.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07’01’34”, A DISTANCE OF 360.53 FEET; THENCE LINE OF FLORIDA’S TURNPIKE; THENCE SOUTH 01’35’04” WEST, ALONG SAID WEST SOUTH 88’24’56” EAST, A DISTANCE OF 1,067.38 FEET TO THE WEST RIGHT-OF-WAY RIGHT-OF-WAY LINE, A DISTANCE OF 1,041.43 FEET TO THE POINT OF BEGINNING. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of 7fd , 2005. FLORIDA ATTEST: P BY: fl Patricia Snider, CMd, City Clerk APPROVED AS TO FORM AND LE GAL SUFFICIENCY BY: ChGtine P. Tatum, City Attorney AYE NAY ABSENT VOTE: -- MAYOR RUSSO L--- J VICE MAYOR JABLIN --- COUNCILMEMBER LEVY J-- COUNCILMEMBER VALECHE d-- COUNCILMEMBER BARNETT / \\pbgstile\Attorney\attorney_share\RESOLUTlONS~irasol walk pud amendment - reso 71 2005.doc 8 Date Prepared: November 16,2005 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 179,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE MIRASOL WALK PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW THE DEVELOPMENT OF A 4,500-SQUARE-FOOT BANK WITH THREE DRIVE-THRU LANES AND AN ATM ON A 1.28-ACRE OUT PARCEL, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, on November 6, 2003, the City Council approved the Mirasol Walk Planned Unit Development (PUD) with the adoption of Resolution 168, 2003; and WHEREAS, the City received a request from Architectural Design Collaborative, on behalf of PBC-Three LLC, for an amendment to the Mirasol Walk Planned Unit Development (PUD) to allow for the development of a 4,500-square-foot bank with three drive-thru lanes and an ATM on a 1.28-acre out parcel, which is located at the northwest corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein; and WHEREAS, the subject site is zoned Planned Unit Development (PUD) with an underlying zoning of General Commercial (CG-1) and has a future land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended its approval; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at its November 8, 2005, meeting and recommended its approval by a vote of 7-0; 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. Date Prepared: November 16,2005 Resolution 179,2005 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 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 Planned Unit Development (PUD) amendment application of Architectural Design Collaborative, on behalf of the Applicant, PBC-Three LLC, is hereby APPROVED on the following described real property to allow the development of a 4,500-square-foot bank with three drive-thru lanes and an ATM on 1.28 acres of land to be referred to as “Bank of America at the Mirasol Walk PUD,” generally located at the northwest corner of PGA Boulevard and the Florida Turnpike, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT J OF THE PLAT OF MIRASOL PLAT ONE AS RECORDED IN PLAT BOOK 89, PAGE 14 OF THE PUBLIC RECORDS IN AND FOR PALM BEACH COUNTY, FLORIDA; THENCE SOUTHWESTERLY ALONG THE EAST LINE OF TRACT A OF THE SAID PLAT OF MIRASOL PLAT ONE AND ALONG THE ARC OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2,940.00 FEET, A CHORD BEARING OF SOUTH 09’56’51” WEST, AND A CENTRAL ANGLE OF 07’01’34”, FOR A DISTANCE OF 360.53 FEET, THENCE SOUTHEASTERLY ALONG THE SAID EAST SOUTHWESTERLY HAVING A RADIUS OF 175.00 FEET, A CHORD BEARING OF SOUTH 31’50’36” EAST AND A CENTRAL ANGLE OF 66’31’48”, FOR A DISTANCE OF 203.20 FEET: THENCE NORTH 44’44’26” EAST, FOR A DISTANCE OF 34.20 FEET; THENCE SOUTH 88’24’56” EAST, FOR A DISTANCE OF 191.94 FEET; THENCE SOUTH 35’10’23” EAST, FOR A DISTANCE OF 8.06 FEET; THENCE SOUTH 01’35’04’’ WEST, FOR A DISTANCE OF 92.39 FEET TO THE NORTHWEST CORNER OF OUTPARCEL 4 AND THE POINT OF BEGINNING OF OUTPARCEL 4; THENCE SOUTH 88’19’38” EAST, FOR A DISTANCE OF 224.67 FEET; THENCE SOUTH 01’34’12” WEST, FOR A DISTANCE OF 248.25 FEET; THENCE NORTH 88’25’57” WEST, FOR A DISTANCE OF 224.73 FEET; THENCE NORTH 01’35’04” EAST, FOR A DISTANCE OF 248.67 FEET TO THE POINT OF BEGINNING OF OUTPARCEL 4. LINE OF TRACT A AND ALONG THE ARC OF A NON-TANGENT CURVE CONCAVE OUTPARCEL 4 CONTAINING 55,828 SQUARE FEET, OR 1.28 ACRES, MORE OR LESS. 2 Date Prepared: November 16, 2005 Resolution 179,2005 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. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following three (3) waivers: 1. Section 78-285, Permitted signs, to allow for one additional principal tenant sign. 2. Section 78-345, Number of parking spaces required, to allow for 14 additional parking spaces. 3. Section 78-362, Size and location of loading spaces, to allow for the absence of a loading space. SECTION 4. This approval is subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 1. The Applicant shall copy the City Engineer on all correspondences to and from regulatory agencies regarding issues on the project. (City Engineer) 2. Prior to construction plan approval, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 3. Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for public infrastructure, landscaping, and irrigation. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. The cost estimate shall be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 4. Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for all other on-site improvements, which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer registered in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 5. The Applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) 6. Prior to the issuance of the first land alteration permit, the Applicant shall submit signed and sealed construction plans with all pertinent calculations to the City Engineer for review and approval. (City Engineer) 7. Prior to construction plan approval, the Applicant shall schedule a pre-permit meeting with City staff. (City Engineer) 3 Date Prepared: November 16,2005 Resolution 179,2005 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 8. Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Non-compliance with the approved security and management plan may result in a stop-work order for the PUD. (Police Department) SECTION 5. This Planned Unit Development (PUD) amendment approval shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. Bank of America Site Plans, Utility Plans, Signage Plans, and Detail Plans, sheets C-1 through C-9, by H&T Consultants, last revised on July 23, 2005, and received and stamped by the City on October 11 , 2005. 2. Bank of America Landscape Plans, sheets LS-1 through LS-3, by H&T Consultants, last revised on August 28, 2005, and received and stamped by the City on October 11 , 2005. 3. Bank of America Architectural Elevations, Floor Plan, Roof Plan, and Electrical Site Plan, sheets A02.01, A02.02, A09.11, and EO1.OO, by Architectural Design Collaborative, last revised on October 6, 2005, and received and stamped by the City on October 11 , 2005. SECTION 6. This approval shall be consistent with all representations made by SECTION 7. This Resolution shall become effective immediately upon adoption. the Applicant or Applicant’s agents at any workshop or public hearing. (The remainder of this page left intentionally blank) 4 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 a Date Prepared: November 16,2005 Resolution 179,2005 PASSED AND ADOPTED this /p day of ~OAA. ,2005. CITY OF PALM BY: ATTEST: APPROVED AS TO FORM AND LEGAL S U F Fl Cl EN CY BY: Christine P. Tatum, City Attorney AYE NAY ABSENT -- VOTE: MAYOR RUSSO / --- VICE MAYOR JABLIN J-- J J J --- 30 COUNCILMEMBER LEVY 31 32 COUNCILMEMBER VALECHE 33 35 36 37 39 40 41 42 43 44 45 46 --- 34 COUNCILMEMBER BARNETT --- 38 47 G:\attorney-share\RESOLUTlONSbnirasol walk - amendment to pud - bank -reso 179 2005.doc 5 Date Prepared: February 16, 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 21, 2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE MIRASOL WALK PLANNED UNIT DEVELOPMENT (PUD), LOCATED AT THE NORTHWEST CORNER OF THE RONALD REAGAN TURNPIKE AND PGA BOULEVARD, TO ALLOW THE DEVELOPMENT OF A LANES ON TWO OUTPARCELS COMPRISING 2.76 ACRES, AS D ESCRl BED MORE PARTlC U LARLY H ERE I N ; PROW D I N G WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. 14,820-SQUARE-FOOT DRUGSTORE WITH TWO DRIVE-THRU WHEREAS, on November 6, 2003, the City Council approved the Mirasol ’ Planned Unit Development (PUD) with the adoption of Resolution 168, 2003; and la1 k WHEREAS, on November 12, 2004, the City Council approved the Sun Trust Bank out parcel with the adoption of Resolution 221 , 2004; and WHEREAS, on June 2, 2005, the City Council approved an amendment to the Mirasol Walk Planned Unit Development (PUD) to allow for 4,000 additional square feet of restaurant and include professional and business office as a permitted use with the adoption of Resolution 71 , 2005; and WHEREAS, on December 15, 2005, the City Council approved the Bank of America out parcel with the adoption of Resolution 179, 2005; and WHEREAS, the City received petition PUDA-07-09-000010 from Anne Booth of Urban Design Studio, agent for North American Properties Mirasol II, LLC, for an amendment to the Mirasol Walk Planned Unit Development (PUD), to allow for the development of a 14,820-square-foot drugstore with two drive-thru lanes on two out parcels comprising 2.76 acres, which is located at the northwest corner of PGA Boulevard and the Florida Turnpike, as more particularly described herein; and WHEREAS, the subject site is zoned Planned Unit Development (PUD) with an underlying zoning of General Commercial (CG-1) and has a future land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended its approval; 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. Date Prepared: February 16, 2008 Resolution 21, 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 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 amended development plans for the Mirasol Walk PUD are hereby APPROVED on the following described real property, subject to the conditions of approval provided herein: LEGAL DESCRIPTION: THE PLAT OF THE SHOPS OF MIRASOL WALK AS RECORDED IN PLAT BOOK FLORIDA. 101, PAGES 07-09, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 1. 2. 3. The approved uses for the Mirasol Walk Planned Unit Development shall consist of the following: antique shop; appliance and electronics store; bakery; bicycle store; bookstore; clothing and accessory store; consignment shop; convenience store w/gas sales - out parcel 5 only; drug store or pharmacy; floral or florist shop; gift and card shop; grocery store - anchor tenant only; hardware, paint, glass, wallpaper, and floor covering store - less than 10,000 square feet; toy, hobby, fabric, and craft shop; jewelry store, including repair; pet grooming shop; pottery shop; professional and business office; restaurant, quality, specialty, and takeout - total not to exceed 8,000 square feet of in-line retail space; banWfinancial institution with or without drive-thru lanes; barbedbeauty shops; blueprinting service; dry cleaning, excluding self-service laundry; locksmith; mail and packing store, private; post office and accessory post office; personal services; picture framing; art gallery and museum; tailor shop; travel agency; video rental and sales; interior design, including sales; specialty retail, excluding discount, wholesale, or outlet stores; public park; accessory satellite dishes in accordance with City Code Section 78-1 59 (69); and accessory uses. (Planning & Zoning) The Applicant shall submit a tabular summary that includes each tenant and the square footages for all uses on site. This summary shall be updated and submitted each time an interior tenant renovation permit and occupational license are submitted to the City for review and approval. (Planning & Zoning) Tenant signage size shall be limited to 60% of the average rectangular stucco to the attached area, and all signage shall not exceed City Code Section 78-285, Permitted Signs. (Planning & Zoning) 2 Date Prepared: February 16, 2008 Resolution 21, 2008 1 4. 2 3 4 5 5. 6 7 8 9 10 11 12 13 6. 14 15 16 17 18 7. 19 20 21 22 23 8. 24 25 26 27 28 9. 29 30 31 IO. 32 33 34 35 11. 36 37 38 12. 39 40 41 4% 42 43 All tenant signage shall be limited to one typeface and one color. The first tenant sign permit to be issued by the Growth Management Department shall provide for the color and typeface allowed in the PUD. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the Applicant shall submit documentation to the City to establish that it has negotiated in good faith to secure an agreement with either the United States Postal Service for an independent retail mail outlet or with a tenant (such as Mail Boxes, Etc., The Shipping Store, Hallmark Crown Store) that has entered into an agreement with the United States Postal Service to be a “Contract Postal Unit” in Phase I of the project. (Planning & Zoning, City Attorney) SATISFIED Out parcels one, two, three, and four shall not be cleared until site plans for these parcels are approved by the City Council. Minor areas may be cleared to install utilities for Phase 1 of the PUD if a clearing permit is reviewed and approved by the City Forester. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, unity of control documents for the Mirasol Walk Planned Unit Development (PUD) shall be submitted to the City and approved by the City Attorney. (City Attorney) SAT IS F I ED Prior to the issuance of the first Certificate of Occupancy, dark green slats shall be installed in the chain link fence at the point where the Seacoast Utility easement is located within the Ronald Reagan Turnpike buffer. (Planning & Zoning) SAT IS F I ED The Applicant shall apply for a conditional use for each bank that includes more than four drive-thru lanes. (Planning & Zoning) Prior to the issuance of the Certificate of Occupancy for each buildina, all ground- mounted and rooftop mechanical equipment shall be screened from view. (Planning & Zoning) Mechanical equipment for the service station shall be located behind the screened area for HVAC. (Planning & Zoning) The shopping cart operation shall follow the regulations set forth in City Code Section 78-221 (h) (9). (Planning & Zoning, Code Enforcement) nn 44 45 46 Zoning) 1413. The lighting source from the service station canopy shall be recessed so that there is no off-site glare or lighting spillover into PGA Boulevard. (Planning & 3 Date Prepared: February 16, 2008 Resolution 21, 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 30 39 40 41 42 43 44 45 46 14. At no time shall staging of construction vehicles and/or service vehicles occur within a public right-of-way. All vehicular construction activities shall use the access road to the north of the site. (Planning & Zoning) 15. Prior to the issuance of the Certificate of Occupancv for the drugstore building. the temporary light poles on out parcel four shall be replaced to be consistent with the approved light poles for the PUD. (Planning & Zoninq) 16. The Applicant shall coordinate and receive approval from the Growth Management Administrator prior to the closing of anv public sidewalk. (Planninq & Zoning) 17. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall remove all prohibited and invasive non-native plants from the site. Once all removal work has been completed, the Applicant shall work with the Citv Forester to install native material within the preserve to reasonablv fill in gaps left from the removal of exotic vegetation. (Citv Forester) 18. Prior to the issuance of the first land alteration permit, the Applicant shall install barriers to protect the preserve area and on-site vegetation. (Citv Forester) 19. Prior to the issuance of the first building permit for vertical construction, the Applicant shall submit FP&L- and SUA-approved landscape plans for review and approval bv the Citv. (Citv Forester) 20. The Applicant shall copv to the Citv all permit applications, permits, certifications, and approvals from anv permitting agencies. (Citv Engineer) 21. The Applicant shall provide all necessarv construction zone signage and fencinq as required bv the Citv Engineer. (Citv Engineer) 22. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall provide a cost estimate and suretv in accordance with LDR Sections 78-309 and 78-461 and a separate cost estimate for on-site proiect improvements, not including public infrastructure, or landscaping and irrigation costs for review and approval by the Citv. The cost estimates shall be signed and sealed bv an engineer and landscape architect registered in the State of Florida and shall be posted with the Citv prior to the issuance of the first land alteration permit. (Citv Engineer) 4 Date Prepared: February 16, 2008 Resolution 21, 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 23. The construction, operation, and/or maintenance of any elements of the subiect proiect shall not have anv negative impacts on the existing drainage of surrounding areas. If at any time during the proiect development it is determined bv the Citv that any of the surrounding areas are experiencing negative drainage impacts caused bv the proiect, it shall be the Applicant’s responsibilitv to cure said impacts in a period of time and a manner acceptable to the Citv prior to additional construction activities. (Citv Enqineer) 24. Prior to the issuance of the first land alteration permit, the Applicant shall submit si aned/sealed/da ted con st ructi on PI an s (paving/arading/drainage and waterhewer) and all pertinent calculations for review and comment. (Citv Engineer) 25. The Applicant shall comply with anv and all Palm Beach County Traffic Division conditions as outlined in PBC Traffic Division equivalency and concurrencv approval letters. (Citv Engineer) 26. Prior to construction plan approval and the issuance of the first land alteration permit, the Applicant shall schedule a pre-permit meeting with staff. (Citv E ng i neer) 27. Prior to the issuance of the first land alteration permit, the Applicant shall provide to the Citv letters of authorization from the applicable utilitv companies allowing landscaping and light poles to be placed within the utilitv easements. {Citv Engineer) 28. The Applicant shall notifv the Citv’s Public Works Division at least ten working davs prior to the commencement of anv worldconstruction activitv within anv public right-of-wav within the Citv of Palm Beach Gardens. In the case of a Citv right-of-wav, the Applicant has at least five working davs to obtain a right-of-way permit. Right-of-wav permits mav be obtained at the Building Division. Failure to comply with this condition could result in a Stop Work Order of all workkonstruction activitv within the public right-of-wav and the subiect development site. (Citv Engineer, Public Works) 29. Prior to the issuance of the Certificate of Occupancy for the drugstore buildinq, the Applicant shall provide sianage alonq the drive aisle adiacent to the loading area stating that the loading area will remain unobstructed. The signaae shall be approved to the satisfaction of the Citv Engineer. (Citv Engineer) 4-53. Prior to construction plan approval, the Applicant shall provide a letter of consent from the utility easement owner(s) allowing light fixture poles and/or landscaping within their utility easements. (Engineering) SATISFIED 5 Date Prepared: February 16, 2008 Resolution 21, 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 An exclusive right-turn ingress lane shall be provided at the project access driveway along PGA Boulevard prior to the issuance of the first Certificate of Occupancy. (Engineering) SATISFIED No building permits shall be issued for square footage which generates more than 4,996 net new external trips until a contract is let for the expansion of PGA Boulevard from Ryder Cup Boulevard to the Avenue of the Champions to a four- lane divided cross-section. (Engineering) Pedestrian and vehicular connectivity to and from each out parcel shall be required. Pedestrian and vehicular connectivity shall also be required to the shopping center from the out parcels. (Planning & Zoning) If in the future the ultimate right-of-way adjacent to PGA Boulevard is developed for roadway purposes, all monument signs located in this right-of-way shall be removed and relocated elsewhere on site at the owner’s expense, subject to review and approval by the Growth Management Department. (Planning & Zoning) If in the future FDOT and all applicable agencies agree to the construction of a pedestrian crosswalk across the access lanes of the Ronald Reagan Turnpike and the PGA Boulevard intersection, the Applicant shall, at its own expense, extend the pedestrian crosswalk within the Parkway easement located on its property from the PGA Boulevard entrance to the Ronald Reagan Turnpike. (City Engineering) Each future out parcel shall be reviewed and approved as major amendments to the PUD. (Planning & Zoning) Prior to construction plan approval, the Applicant shall identify all proposed handicap ramps on the construction plans. Handicap ramps shall be provided at all sidewalks intersecting curbs, and all handicap ramps shall comply with ADA requirements. (City Engineering) SATISFIED Prior to construction plan approval, the Applicant shall reflect on the construction plans that the existing grades at the property line will be met without impact to the Fire Department property. (City Engineering) SATISFIED Prior to construction plan approval, the Applicant shall indicate the maximum slope and slope direction towards the parking lot for the 11.5-fOOt wide area shown on Section H-H. (City Engineering) SATISFIED 6 Date Prepared: February 16, 2008 Resolution 21, 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 Sa. The Applicant shall install the PGA Boulevard buffer and preserve area within six months from the issuance of the first clearing permit, and the remaining buffers shall be installed within twelve months from the issuance of the first clearing permit. (Planning & Zoning) SATISFIED 2744. Prior to the issuance of the first building permit, the Applicant shall install and maintain a IO-foot minimum strip of sod on the vacant out parcels adjacent to Jog Road. (Planning & Zoning) SATISFIED 23%. The build-out date for the Mirasol Walk PUD shall be December 31 , 2007. (City Engineering) 29%. Prior to the first Certificate of Occupancy, the Applicant shall complete all Palm Beach County required road improvements for the westbound side of PGA Boulevard, from the Ronald Reagan Turnpike to Mirasol Drive, in the event these road improvements have not been completed by the Mirasol PCD. (Planning & Zoning) SATISFIED %a. Prior to construction plan approval, the Applicant shall submit a Traffic Pavement Markings and Signage Plan for City review and approval. (City Engineering) SATlSF I E D Crime Prevention Through Environmental Design CPTED: 33-44, Lighting shall not conflict with landscaping, including long-term tree growth. (Police Department) 3346. All lighting for parking lots and pedestrian walkways shall be metal halide gr equivalent lighting approved bv the Police Department and shall not conflict with landscaping. (Police Department) 3444. Building lighting shall be around the perimeter on all sides and on pedestrian 3 walkways. Non-glare lighting shall be used. (Police Department) %a. Entry signage shall be lighted. (Police Department) 36@. Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits including emergency exits. (Police Department) 7 Date Prepared: February 16, 2008 Resolution 21, 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 37%. Numerical addresses shall: a. Be illuminated for nighttime visibility and be unobstructed. b. Have bi-directional visibility from the roadway. c. Be placed at the front and rear of each business. (Police Department) All structures shall use the following target hardening techniques: a. Buildings shall be pre-wired for an alarm system. b. Doors shall be equipped with metal plates over the threshold of the locking mechanism. c. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. d. Rear doors shall have 180-degree peephole viewers. e. All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. Sa. Exterior roll-up doors shall be target hardened. (Police Department) 443%. Metal halide lighting shall be used for the multi-use pathways and sidewalks within the site, shall be lit at a minimum of O.6-foot candles with 12-foot high pedestrian scale lighting, and shall be the same design used within the MirasoVJog Parkway corridor. (Police Department) 44%. ATM security shall be achieved by using the following techniques: a. Shall be visible from roadway(s). b. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install a slow speed video camera that is recording 24-hours a day. d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of video recording. e. Install and strategically place a convex mirror to allow operator of the ATM to identify any approaching person( s) andlor potential suspect(s). 8 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: February 16, 2008 Resolution 21, 2008 f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police Department) - 55. Additional CPTED requirements applicable to the drugstore building and any additional buildings constructed after March 20, 2008: a. Landscaping shall not obstruct the view from windows or walkways. Ground cover should not exceed 36 inches in height and high-branched trees should be trimmed to seven feet. b. Prior to the issuance of the Certificate of Occupancy for the drugstore building, the Applicant shall provide photocell sensor engaged lighting above or near entrvwavs, four sides of the building and adiacent sidewalks for the building. (Police Department) c. Prior to the issuance of the first Certificate of Occupancv for the drugstore building, all non-customer doors (non-glass, single/double) shall be equipped with astragal over the threshold of the locking mechanism and case hardened deadbolt locks shall be provided on all the exterior doors with a minimum one inch throw or mechanical interlock. Doors secured by electrical operation shall have a keved-switch or signal-locking device to open the door when in the locked position. The entrv door should have a holding force of at least 1000 Ibs. Door hinges shall employ non- removable hinges, and the main entrance to the building shall be monitored bv a closed- circuit digital camera surveillance system. (Police Department) d. Prior to the issuance of the first building permit, the Applicant shall submit a construction site securitv and management plan for review and approval bv the Police Department. Noncompliance with the approved securitv and management plan mav result in a Stop Work Order for the PUD. (Police Department) e. Prior to the issuance of the first Certificate of Occupancy for the building, numerical addresses shall be placed at the front and rear of the building. Each numerical address shall be illuminated for nighttime visibilitv, with an uninterruptible AC power source, shall consist of twelve-inch high numbers, and shall be a different color than the color of the surface to which it is attached. The rear doors of the building shall have an illuminated six-inch number on or alongside the door. (Police Department) f. Interior doors to the office and multipurpose and employee rooms shall have a 100-square-inch vision panel. 9 Date Prepared: February 16, 2008 Resolution 21, 2008 1 2 3 4 tumblers. 5 6 7 8 9 10 11 12 13 the area being entered. 14 15 i. A high-resolution color digital video camera system with monitoring and 16 photo processing capabilities shall be installed. Cameras shall be above exit 17 doors, pharmacy and check-out counters, product aisles, photo service area, 18 general stock room and receivina door, all drive-thru lanes, and any other 19 area deemed necessary to provide for maximum coverage. 20 21 j. All hatchway openings to the roof shall be secured from inside with a slide 22 bolt or slide bars. Outside hinges shall be equipped with non-removable 23 pins. (Police Department) 24 25 26 g. Case hardened commercial grade dead bolt locks shall be installed on all exterior doors with a minimum of one-inch throw into the strike receiving the bolt. The cylinder shall have a cylinder guard and a minimum of five-pin h. Exterior pedestrian doors which provide access into the parking lot shall be solid core, and where applicable, emergency doors shall have no exterior handles. Panic hardware shall have self-locking mechanisms, may have one locking point, and shall have a protective astragal attached to the exterior of the door, which will cover the opening between the door and frame, it should extend one inch beyond the edge of the door to which it is attached, and shall have a minimum 100-square-inch vision panel to provide visibility into SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eight (8) waivers: 27 28 1. 29 30 31 2. 32 33 34 3. 35 36 37 4. 38 39 40 5. 41 42 43 6. 44 45 46 Section 78-1 54, PUD- Planned unit development overlay district, to allow for a Planned Unit Development (PUD) size of approximately 24 acres. Section 78-182, Lighting regulations, to allow for a light pole height of 35 feet in vehicle use areas. Section 78-182, Lighting regulations, to allow for a 15.4 foot-candle level at the gas station. Section 78-182, Lighting regulations, to allow for a 5.8 foot-candle level at the east property line. Section 78-231 , Parkway Overlay District, to allow for a parkway easement of 55 feet adjacent to Jog Road. Section 78-508, lnfersecfions, to allow for a driveway with a separation distance of 59 feet. 10 Date Prepared: February 16, 2008 Resolution 21, 2008 1 7. 2 height of 43 feet. 3 4 8. 5 principal tenant sign. 6 7 8 Section 78-1 53, Nonresidential zoning district regulations, to allow for a building Section 78-285, Permitted signs, to allow for a letter height of 48 inches for the SECTION 4. This PUD approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 9 10 1. 11 12 13 2. 14 15 16 3. 17 18 19 20 4. 21 22 23 5. 24 25 26 6. 27 28 7. 29 30 31 8. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mirasol Walk Site Plan, sheet PI , 1 sheet total, by Gee & Jenson, September 5, 2003. Mirasol Walk Right-of-way Plan, sheet P2, 1 sheet total, by Gee & Jenson, July 24, 2003. Mirasol Walk Landscape Plans, sheets L1, L2, L3, L4, L5, L6, L7, and L8, 8 sheets total, by Gee & Jenson, July 24, 2003, and September 2, 2003 (sheets L3 & L8). Mirasol Walk Architectural Elevations and roof plans, sheets A2.01 , A2.02, and A3.07, 4 sheets total, by Marc Wiener, A.I.A., July 24, 2003. Convenience Store elevations, roof, and floor plans, sheets AI .O, AI 5, A2.0, A2.1 , C1 .I , C1.2, by WD Partners, August 7, 2003. Photometric Plan, sheet 1 of 1, by WLS Lighting Systems, August 8, 2003. Photometric Site Plan for Exxon Mobil, by Progressive Development, September 5, 2003. Mirasol Walk Design Guidelines, by North American Properties, July 24, 2003. 9. Walgreens Landscape Plans, bv Facilities Planning, Design, & Engineerina Sheets LA-I & LA-2, 12.07.07, 02.19.08. IO. Walgreens Photometric Plans, bv WLS Lighting Svstems, 1 Sheet, 11.29.07. 11. Walgreens Floor Plan, bv Facilities Planning$ Design, & Engineerinq, 1 Sheet, 02.14.07. 12. Walgreens Roof Plans and Details, bv Fisher and Associates, Inc., 1 Sheet, 06.07.07. 13. Walgreens Site Plan. bv Facilities Planning, Design. & Engineering, 1 Sheet, 02.19.08. 11 Date Prepared: February 16, 2008 Resolution 21, 2008 1 2 02.15.08. 3 4 5 6 7 8 9 10 PASSED AND ADOPTED this day of , 2008. 11 12 13 14 14. Walgreens Exterior Building Elevations, bv Fisher and Associates, Inc., I Sheet, SECTION 5. This approval shall be consistent with 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. CITY OF PALM BEACH GARDENS, FLORIDA 15 16 17 18 ATTEST: 19 20 BY: Mayor 21 BY: 22 Patricia Snider, CMC, City Clerk 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 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR VICE MAYOR --- COUNCILMEMBER --- COUNCILMEMBER --- COUNCILMEMBER --- --- G:\attorney-share\RESOLUTlONS\walgreens-mirasol walk - reso 21 2008.docx 12 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 09,2008 Meeting Date: March 20,2008 Resolution 22,2008 Subiect/Agenda Item: Resolution 22,2008: Donald Ross Village PUD - Elimination of Shared Parking Conditions Consideration of Approval: A request by Marty Minor, agent for Donald RosdMilitary, L.C., for approval of an amendment to the development order of the Donald Ross Village Planned Unit Development (PUD) to delete Conditions #50 through #53 of Resolution 7,2007, to remove all requirements associated with shared parking and remove additional outdated conditions. The Donald Ross Village PUD is approximately 45-acres and is located along the south side of Donald Ross Road between Military Trail and Central Boulevard. [XI Recommendation to APPROVE [ ] Recommendation to DENY 1 Reviewed by: I City Attorney , 4 Christine Ta Development Compliance N/A Bahareh Keshavarz-Wolfs, AlCP Growth Management Administrator: Originating Dept.: Growth Management: Manager Project Senior Planner [ XI Quasi -Judicial [ ] Legislative [ X] Public Hearing Advertised: Paper: Palm Beach Post Date: March 5, 2008 [XI Required [ ] Not Required Affected Parties: WNotitied [ ] Not Required Finance: Senior Accountant: c Tresha Thomas Fees paid [Yes] Funding Source: [ 3 Operating [XI Other& Budget Acct.#: NIA City Council Action: [ ] Approved [ ] App. w/ conditions [ ] Denied [ 3 Continued to:- Attachments: Resolution 7, 2007 Project Narrative Reduced Plans McMahon Memo Resolution 22,2008 EXECUTIVE SUMMARY The site plan approved by the City Council for the Donald Ross Village PUD utilized the shared parking provisions established in the City’s Land Development Regulations (LDRs). These provisions allow a reduction in the overall parking requirements of a mixed-use project through the use of a shared parking formula that is based on the peak-hour parking demand for each individual use. As a result of the use of shared parking, the approved development order for the commercial portion contained certain conditions of approval that were intended to address any future parking problem resulting from the use of shared parking once the project was built and occupied. Through a previously approved administrative amendment to the PUD, the applicant has reduced the amount of proposed office and retail uses and introduced a bank instead of the previously approved restaurant to be located on out parcel “D” (please see attached site plan). As a result of the reduction in square footage, the currently approved site plan provides more than the parking required pursuant to the City’s LDRs without the utilization of the shared parking provisions of the City Code. Thus, the conditions of approval related to the provision of shared parking no longer apply. The applicant has requested to delete Conditions #50 through #53 of the approved development order in order to remove all conditions associated with shared parking. BACKGROUND On April 10, 2003, the City Council adopted Ordinance 53, 2002, which approved the development order for Donald Ross Village Mixed-Use (MXD) Planned Unit Development (PUD). The master plan was divided into two phases of development. Phase I of the Donald Ross Village MXD PUD was approved for 9,000 square feet of professional office, a 3,236 square-foot convenience store with gas sales, a 4,000 square-foot bank, a 14,873 square-foot drug store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating, 57,487 square feet of retail use, and 156 multi-family dwelling units. On July 1, 2004, the City Council adopted Ordinance 23, 2004 and Resolution 125, 2004, which amended the PUD to allow for off-site mitigation of upland preserve. The City Council determined that it is more appropriate for the site plan approval and the conditions related thereto be transferred to a separate ordinance and resolution, as opposed to having the zoning, master plan approval, waivers, and conditions of approval adopted through ordinance. The zoning set forth in Ordinance 53, 2002 has been re-affirmed by Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval have been transferred to Resolution 125, 2004. Per Resolution 125, 2004, two conditions of approval (conditions 37 & 38) were modified to allow for additional off-site mitigation. On July 1, 2004, the City Council adopted Resolution 115, 2004, which approved a parcel for off-site mitigation of 29% of the upland preserve set aside required for the site. The parcel is located off of the Beeline Highway, approximately 1.25 miles northwest of PGA Boulevard. Date Prepared: January 9, 2008 Meeting Date: March 20, 2008 Resolution 22,2008 Page 2 of 6 Date Prepared: January 9, 2008 Meeting Date: March 20, 2008 Resolution 22,2008 Page 3 of 6 On August 5, 2004, the City Council adopted Resolution 149, 2004, which approved a waiver to eliminate the lake maintenance easement along the south side of the 5.09-acre lake. In order to justify the requested waiver, the applicant provided a 25-foot wide lake easement along the north end of the adjacent property (Dwyer High School). On November 18, 2005, the City Council adopted Resolution 210, 2004, which approved an amendment to the Donald Ross Village MXD PUD for phase I1 of the subject site with a 93- room hotel, a 13,500 square-foot retail building, an 18,387 square-foot medical office building, and a 20,000 square-foot fitness center. The subject site is currently being developed in accordance with the plan approved by said resolution. On January 5,2006, the City Council adopted Resolution 7,2006, which approved the Art in Public Places (AIPP) for the subject site (approximately thirty pieces). The majority of the public art for the project, excluding the hotel site, has been installed. On June 21, 2007, the City Council adopted Resolution 7, 2007, which approved an increase in the size of the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and approved a waiver to allow one additional flat/wall sign for each tenant located in buildings A, B, C, D, I, J, and K within the PUD. PROPOSED AMENDMENT Deletion of conditions of approval numbers 50 through 53. Date Prepared: January 9, 2008 Meeting Date: March 20,2008 Resolution 22,2008 Page 4 of 6 DISCUSSION Due to the administratively approved reduction of the total square footage on site and the introduction of new uses that require less parking, the parking requirements for the site can now be accommodated without utilizing shared parking. Specifically, the applicant was originally approved for 9,000 square feet of general office uses; 18,387 square feet of medical office uses; 86,609 square feet of commercial uses (retail, bank, gas/convenience store, and fitness center); 13,000 square feet of indoor restaurant uses; 2,400 square feet of outdoor restaurant seating; and a 93-room hotel. Pursuant to Section 78-345 of the City Code, entitled “Number of parking spaces required,” the previously approved uses required 8 19 parking spaces. However, the applicant was approved by the City Council to utilize shared parking, pursuant to Section 78-346 of the City Code. Based upon the shared parking calculations, the applicant was only required to provide a minimum of 665 spaces. The approved site plan provides 768 parking spaces. Since shared parking was utilized, the approved development order for the commercial portion contained certain conditions of approval that were intended to address any future parking problem resulting from the use of shared parking once the project was built and occupied. The applicant administratively amended the site plan to reduce the total square footage of certain uses on site and introduce a bank in-lieu of the previously approved restaurant on out parcel “D”, resulting in 91,696 square feet of commercial uses; 9,000 square feet of general office uses; 18,587 square feet of medical office uses; 5,000 square feet of indoor restaurant uses; 2,400 square feet of outdoor restaurant seating; and a 93-room hotel. As a result, the reduced square footage and the new uses do not require as much parking as the previously approved uses. Specifically, the revised mix of uses requires 745 parking spaces. The applicant proposes to provide 770 parking spaces on site; therefore, there is no longer any need for the applicant to utilize the shared parking provisions of the City Code, and thus no need to require an annual parking study to verify the adequacy of the shared parking and a surety bond to implement more parking, if warranted. Date Prepared: January 9, 2008 Meeting Date: March 20,2008 Resolution 22, 2008 Page 5 of 6 The PUD is near build out with only Parcels C (restaurant) and D (bank) remaining to be developed. For housekeeping purposes, staff recommends that Conditions #6 and Condition #29 be deleted from the resolution, and Condition #28 be modified to reflect parking code requirements . Condition #6 pertains to the future site plans for the hotel and retail development areas that are developed and have received certificate of occupancies. Any proposed future site plan amendments for this Planned Unit Development are required to be processed in accordance to Section 78-49 of the Land Development Regulations. Condition #29 is regards to approved uses. The applicant has provided a breakdown of uses in the site data table for each parcel which will be monitored via occupational license and zoning review to assure that future uses are consistent with the approved site plan. It is the professional opinion of staff that both of these conditions be removed from the resolution. The applicant concurs with staff. Condition #28 restricts the total square footage allocated for restaurant uses for the entire PUD, excluding the square footage approved for Parcel C (future restaurant). Section 78-345. LDR requires that restaurants be limited to 25% of the shopping center parcels (Parcels A, B and I) that total 45,000 square feet. There is currently 18,190 square feet of restaurant use in the shopping center that exceeds the required allocated amount of 1 1,250 s.f. Staff is recommending that the condition be changed to reflect the code and that there be no occupational license approvals to future restaurants in the shopping center until compliance is achieved with the 25% square footage allocation for restaurant use or adequate parking is provided. Staff has added condition #58 to the resolution to reflect this change. The following conditions have been added, deleted or amended: - 58 Effective March 20,2008. occupational license for new restaurants within the shopping center (Parcels A, B and I) shall not be issued until the Applicant demonstrates compliance with Section 78-345 of the Land Development Regulations which allocates no more than 25% of the gross floor area of the shopping center for restaurant purposes unless adequate parking is provided. Date Prepared: January 9, 2008 Meeting Date: March 20,2008 Resolution 22,2008 Page 6 of 6 Planning, ZoninP & Appeals Board On February 12, 2008, the PZAB voted 7-0 to recommend approval of the subject petition to City Council. STAFF RECOMMENDATION Based upon staffs review of the previous and current approved uses and the parking provided on the site plan, staff has determined the parking requirements for the revised mix of uses will be met on site without the use of the shared parking provisions of the City Code. Thus, the conditions of approval related to the provision of shared parking no longer apply and are not necessary. Staff does not object to the proposed deletion of these conditions. Staff recommends APPROVAL of Resolution 22,2008. 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 20 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 - Date Prepared: May 1, 2007 RESOLUTION 7,2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW AN INCREASE IN THE SIZE OF THE SIGNAGE ON THE WEST ELEVATION OF THE HOTEL FROM 36 SQUARE FEET TO 53 SQUARE FEET (BUILDING H) AND APPROVING A WAIVER FROM SECTION 78-285, CODE OF ORDINANCES, TO ALLOW FOR ONE ADDITIONAL FLATWALL SIGN FOR EACH TENANT LOCATED IN BUILDINGS A, 6, C, D, I, J, AND K WITHIN THE DONALD ROSS VILLAGE PUD, GENERALLY BOUNDED BY DONALD ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; PROVIDING CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002, thereby approving the master site plan for a planned unit development (PUD), consisting of 256 multi-family residential units, a 93-room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas/convenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east: and WHEREAS, the City Council approved an area of Reserve Preserve on the master site plan that the Applicant was permitted to develop contingent upon off-site mitigation being provided within the City limits; and WHEREAS, on July 1, 2004, the City Council approved the transference of the rezoning, site plan approval, and the conditions related thereto to a separate Ordinance and Resolution. The zoning set forth in Ordinance 53, 2002 was re-affirmed by Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval were transferred to Resolution 125,2004; and WHEREAS, on July 1, 2004, the City Council adopted Resolution 125, 2004, which approved the off-site mitigation parcel and a waiver to reduce the width of the upland preserve areas along Central Boulevard and Military Trail to provide for utility easements; and Date Prepared: May 1,2007 Resolution 7, 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 WHEREAS, on August 5, 2004, the City Council adopted Resolution 149, 2004, which approved a waiver to eliminate the lake maintenance easement along the south side of the 5.09-acre lake on site; and WHEREAS, on November 18, 2004, the City Council adopted Resolution 21 0, 2004, which approved the development of Phase II of the Donald Ross Village PUD consisting of a 93-room hotel, 18,387 square feet of medical office, 13,500 square feet of retail, a 20,000 square-foot fitness center, and the Master Signage Program (MSP); and WHEREAS, the City has received a request (PUDA-07-02-000004) from Mr. Marty Minor of Urban Design Studio, on behalf of Donald Ross/MiIitary L.C., for approval of an amendment to the Donald Ross Village PUD to allow for an increase in the size of the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and to allow for one additional flat/wall sign for tenants located in Buildings A, B, C, D, I, J, and K that have two or more elevations facing a right-of-way or primary entrance; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended its approval; 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. SECTION 2. The development plans for the Donald Ross Village Planned Unit Development as amended by application PUDA-07-02-000004 are hereby APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: THE PLAT OF THE SHOPS OF DONALD ROSS REPLAT OF TRACT "A" AS RECORDED IN PLAT BOOK 98. PAGE 157, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2 Date Prepared: May 1,2007 Resolution 7. 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 3 Dale Prepared: May 1.2007 Resolution 7. 2007 1 2 3 4 5 6 7 8 9 10 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 11 12 1. 13 14 15 2. 16 17 18 3. 19 20 21 4. 22 23 24 5. 25 26 27 6. 29 30 7. 31 32 28 . 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Waiver from City Code Section 78-1 53, Nonresidential zoning district regulations, to allow a five-story hotel building (Building H). Waiver from City Code Section 78-285, Signage, to allow identification signage on the top of the fifth floor western elevation of Building H. Waiver from City Code Section 78-344 (I) (l), Parking stall and bay dimensions, to allow for 9.5-foot wide parking stalls for the area adjacent to the hotel building. Waiver from City Code Section 78-344 (I) (l), Parking stall and bay dimensions, to allow 16.5-foot long parking stalls for parking spaces adjacent to the hotel use. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on the west elevation of Building H. Waiver from City Code Section 78-285, Signage, to allow for an additional building identification wall sign on Building J. Waiver from City Code Section 78-563, Lake maintenance tracts, to allow encroachments within the lake maintenance easements. 8. Waiver from Citv Code Section 78-285, Siunaae. to allow for one additional flatlwall sinn for tenants that have two or more elevations facing a riaht-of-wav or ~rimary entrance, which are located in buildinqs A, B, C, D. I. J, and K. SECTION 4. This Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: Build-Out Date 1. Pursuant to the terms of Ordinance 10, 2003, the build-out date for this development is December 31, 2004. All infrastructure and common-area landscaping shall be completed for the commercial and residential uses prior to this date. (Planning & Zoning) (COMPLETED) 4 1 2 3 4 5 6 7 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 a Temporarv Trailers 2. Any trailers used on site for construction, security, or marketinglsales purposes shall meet the requirements set forth in Section 78-159 of the Land Development Regulations. (Planning & Zoning) Temporarv Sians 3. The Applicant shall be permitted one 36 square-foot temporary development sign per right-of-way frontage (for a maximum total of three (3)). Any additional temporary development signs shall require separate approval by the City Council. (Planning & Zoning) Master Siqn Plan 4. Prior to the issuance of the first Certificate of Occupancy for any structure on site, the Applicant shall submit an application for and receive approval from the City Council for a detailed master sign package for both the residential and non- residential portions of the site. The master sign plan shall include wall signs and monument signs proposed for the commercial uses on site, as well as entry features, address numbers, and building numbers for the residential uses on site. The master sign plan shall also include directional signs, traffic regulatory signs, and building directory signs. Neon signs and internally illuminated aluminum channel wall signs shall not be permitted. Backlit reverse channel wall signs and soffit signs may be permitted. (Planning & Zoning) (COMPLETED) Gatewav Sign 5. If the City Council makes a decision on the specific location(s) and design of the City entryway signs applicable to the Donald Ross Village PUD, the Applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed monument signs at the Donald Ross Village PUD in accordance with the City Council decision. The specific locations may include the southwest corner of Donald Ross Road and Military Trail and the southeast corner of Central Boulevard and Donald Ross Road within the Donald Ross Village PUD property. The Applicant shall construct and maintain said entryway sign(s) within 12 months of the City Council’s approval of the entryway sign plan. (Planning & Zoning) (COMPLETED) 5 Date Prepared: May 1,2007 Resolution 7, 2007 Date Prepared: May 1,2007 Resolution 7, 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 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Future Site Plans for Phase II 6. Future site plans for the Hotel and Future Retail Development Area shall be reviewed as major amendments to the Planned Unit Development, in accordance with Section 7849(b)(7) of the Land Development Regulations. A minor change of up to 5% to the approved allocation of uses for the commercial and office buildings shall require administrative review and approval of a parking and traffic equivalency analysis by the Planning and Zoning Division. Any major modifications (greater than 5%) to the allocated uses shall require review and approval by City Council. (Planning & Zoning) 7. Future site and architecture plans for parcels within Phase II shall comply with the architectural guidelines set forth by this Ordinance, attached hereto and incorporated herein as Exhibit “B.” (Planning & Zoning) (COMPLETED) 8. Future site plans for parcels within Phase II shall substantially comply with “build-to streetline” standards (building footprint having a zero-foot setback to spine road sidewalk), attached hereto and incorporated herein as Exhibit “C”, to enhance “main street” environment in this location. (Planning & Zoning) (COMPLETED) Art in Public Places 9. The Applicant shall be required to provide Art in Public Places should construction costs exceed $1 million, pursuant to the Land Development Regulations. All public art shall be reviewed and approved by the Art in Public Places Advisory Board. If the Applicant is proposing to provide art on site to meet the Art in Public Places requirement, then the art shall be approved and installed prior to the issuance of the final commercial Certificate of Occupancy for Phase I. (Planning & Zoning) (COMPLETED) Right-of-Wav Landscapinq IO. The median and adjacent shoulder landscaping and irrigation for Donald Ross Road, Military Trail, and Central Boulevard shall be installed and completed within six (6) months from the issuance of the first clearing permit. (City Forester) (COMPLETED) 11. The Applicant, successors, and assigns shall be responsible for their fair share of the landscape] irrigation, and maintenance of the median and adjacent roadway shoulder landscaping for Donald Ross Road, Military Trail, and Central Boulevard per Ordinance 36, 2002 (alkla Roadway Beautification Plan). (City Forester) (ONGOING) 6 Date Prepared: May 1,2007 Resolution 7,2007 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Zoning ) (COMPLETED) 16 17 Environmental 18 19 20 12. Detailed Landscape Plans referenced in Condition #lo shall be prepared by the Applicant based on the City Roadway Beautification Plan, and shall be submitted to the City for staff review no later than ninety (90) days after the effective date of this Development Order. (Planning & Zoning) (COMPLETED) 13. Prior to the issuance of the first building permit, the Applicant shall place monies, in an amount equal to 11 0% of the cost of the landscape improvements referenced in Condition #lo, in an escrow account established by the Applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens or another entity forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Donald Ross Village property owners association, successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the Applicant and the City Palm Beach Gardens. (Planning & 14. By May 12, 2003, the Applicant shall submit a restoration plan for the two (2) disturbed wetlands located at the northwest corner and southeast corner of the 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 subject site. (Planning & Zoning) (COMPLETED) 15. No land alterationklearing shall be allowed until all issues have been satisfied with the Florida Fish and Game Commission regarding the relocation of Gopher Tortoises on or off site. (Planning & Zoning) (COMPLETED) 16. All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that such areas are identified and protected pursuant to City Code. (Planning & Zoning) (COMPLETED) 17. Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer, City Attorney, and the City Forester. (Planning & Zoning) (COMPLETED) Dedications and lmorovements 18. All sidewalks within the parkway easements not located within the road rights-of- way shall be dedicated as public access easements and shall be maintained by the master property owners association prior to the issuance of the first commercial Certificate of Occupancy. (Planning & Zoning) 7 Date Prepared: May 1,2007 Resolution 7, 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 Police DeDartmenVCPTED Desian 19. Numerical addresses shall be located on all buildings and illuminated for nighttime visibility. (Planning & Zoning, Police) 20. Parkway and preserve paths shall maximize natural surveillance of the pedestrian users through the selective vegetative management practices. Adjacent to parkway and preserve multi-use pathways, ground cover shall be no higher than 24 inches, and trees having a minimum of 7-foot clear trunk space shall create a natural surveillance. Additional measures may be required by the Police Department per CPTED. (Planning & Zoning, Police) 21. Prior to the issuance of the first non-residential Certificate of Occupancy, all multi- use pathways and/or sidewalks adjacent to preserves shall be reviewed and approved by a CPTED certified police officer with the City. (Planning & Zoning, Police) (COMPLETED) 22. All pedestrian walkways on site, including parkway multi-use pathways and sidewalks within rights-of-way, shall be lit, at a minimum, no less than .6 foot- candles with 14-foot high pedestrian scale lighting, to be of similar design to the parkway lighting used within the MirasoVJog Road parkway corridor. (Planning & Zoning, Police) 23. Prior to the issuance of the Certificate of Occupancy for the financial institution, a CPTED certified police officer shall inspect the structure for compliance with CPTED principles, as outlined in the Police Department memorandum dated February 1, 2002, attached hereto and incorporated herein as “Exhibit D.” (Planning & Zoning, Police) (COMPLETED) 24. Prior to the issuance of the first residential building permit, a CPTED certified police officer shall review construction plans for compliance with CPTED principles, including, but not limited to, strike-hardened doors, peep holes, telephone line . connection box within the garage, building lighting, and lighted address and building numbers. (Planning & Zoning, Police) (COMPLETED) 25. The height of all light poles along the parkway buffer shall not exceed 14 feet in height and shall be metal halide. All lighting shall not conflict with landscaping. (Planning & Zoning, Police) Fire DeDartment 26. Prior to the issuance of the first Certificate of Occupancy for three-story residential buildings, the Fire Marshall shall inspect the units for fire sprinkler installation as required by City Ordinance. (Fire) (COMPLETED) 8 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 Service Station Liqhtinq 27. Lighting for the service station canopy shall be recessed and shielded or shall contain a cutoff luminaire within the structure or fixture in which it is located. The lighting source shall not be visible from adjacent properties or rights-of-way. The maximum average foot-candle for the service station shall be 55. (Planning & Zoning) Uses Permitted 28. 29. 30. Uses permitted within the non-residential buildings on site shall be consistent with the permitted use table attached hereto and incorporated herein as “Exhibit E.” Any use hereby not approved which is identified as a conditional use by the City’s LDRs must undergo conditional use analysis and review and be approved by the City Council. Any medical office use on site shall be required to undergo an administrative review, including a parking analysis and a traffic equivalency statement consistent with the approved traffic concurrency, to be approved by the Growth Management Administrator. (Planning & Zoning) Prior to the issuance of each building permit for interior renovations of any non- residential use approved on site, the Applicant or its agent shall submit a breakdown by use of the gross square footage for lease of all buildings containing non-residential uses for approval by the Planning and Zoning Division. The Applicant shall conform to the approved non-residential uses, the thereof, and the total square footage of each approved use for Parcel 4.04 of the PUD as reflected in Exhibit “G,” attached hereto and incorporated herein. (Planning & Zoning) (ONGOING) percentages The total square footage allocated for restaurant use shall not exceed 25% of the total approved square footage for the entire PUD, excluding the square footage approved for the two restaurants located at Buildings C and D. (Planning & Zoning) Disclosure 31. Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) 32. Prior to the issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire PUD. (City Attorney, Planning & Zoning) (COMPLETED) 9 Date Prepared‘ May 1,2007 Resolution 7, 2007 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 1,2007 Resolulion 7. 2007 33. Prior to the issuance of the first residential Certificate of Occupancy, the Applicant shall provide to the City Attorney the master property owners association documents containing language disclosing the proximity of the residential area to the commercial buildings, including buildings H and J. (City Attorney) (COMPLETED) Residential Sianaae. Liahtina, and Accessory Buildings 34 . By July 9, 2003, the Applicant shall submit for City Council review and approval an application including details and site plans of the residential sign program, entry features, and all accessory buildings, including gazebos, and lighting for the residential portion of the PUD. (Planning & Zoning) (COMPLETED) TemDorarv DumDsters 35. The Applicant shall be permitted two (2) temporary dumpster locations on Parcel H to allow for refuse collection for Buildings A and 6. The temporary dumpster locations shall be removed upon construction of the access roads on this parcel or no later than twelve (12) months after the issuance of the final certificate of occupancy for the non-residential portion of Phase I, whichever comes first, at which time the dumpsters shall be relocated to the permanent location indicated on the master site plan or as amended with the Phase II site plans for Buildings H and J. The dumpsters shall be screened with a material consistent with the architecture of Buildings A and B and shall be located in a landscaped area. (Planning & Zoning) Dry-Model Permits Prior to Platting 36. The Applicant shall post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 113 of the hard costs of construction of all of the proposed models, as depicted on the master plan, attached hereto and incorporated herein as Exhibit “C.” No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineering) (COMPLETED) Off-Site Mi ticlation 37. No land alterationklearing shall be allowed for the hotel site and 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan. (Planning & Zoning) 38. Should the Applicant pursue off-site mitigation for the upland preserve, said off-site mitigation shall be approved by a separate instrument. (Planning & Zoning) 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PHASE II Engineering 39. 40. 41. 42. 43. 44. 45. Prior to the issuance of the first building permit, the Applicant shall provide construction plans sufficient to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. (City Engineer) (COMPLETED) The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division equivalency and concurrency approval letter dated March 21 , 2001. (City Engineer) The Applicant shall post surety prior to the issuance of the building permit for the model homes for the purposes of demolition and lien protection which surety shall remain in effect until the plat is recorded. The amount of the surety shall equal a total of 1/3 of the hard costs of construction of all of the proposed models, as exhibited in Exhibit IC", Ordinance 53, 2002. No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineer) Prior to the issuance of the first building permit for any structure, the Applicant shall provide surety, acceptable to the City, for the construction of the public improvements. The Applicant shall provide an annual evaluation and adjustment of the surety for the public improvements to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed each year prior to the anniversary of the Development Order approval. (City Engineer) (0 NGOl NG) Commencing with the date of approval of this amended Development Order and continuing through substantial completion of construction, the Applicant shall bi- annually provide the City with a status report on all the approved elements of the PUD, including a summary of completed construction and schedule of proposed construction over the remaining life of the Development Order. (City Engineer) Six (6) months after the issuance of the first residential building permit and semiannually thereafter until issuance of the final certificate of occupancy, the Applicant, successors, or assigns shall submit a report showing the number of approved permits and certificates of occupancy issued to date for review and approval by the City Engineer. (City Engineer) (ONGOING) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 11 Date Prepared: May 1,2007 Resolution 7, 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 T Date Prepared. May 1, 2007 Resolution 7, 2007 CPTED 46. 47. 48. 49. Metal halide lighting shall be used along streets, pedestrian walkways, parking lots, multi-use pathways, and pedestrian walkways (sidewalks). Multi-use pathways and sidewalks within the site shall be lit at a minimum of 0.6 foot-candles. (Growth Management, Pol ice) Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways, (Police) Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits, including emergency exits. (Police) Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide pedestrian-scale lighting on the sidewalks adjacent to the property within the adjacent rights-of-way, unless said lighting is already being provided as part of another construction project. (Planning 81 Zoning) Parking 50. The Applicant shall submit, at its cost, an annual parking study to determine the actual parking demand on site. The observed demand will be compared to the existing parking supply to determine if the provided parking is adequate to accommodate existing demand plus expected demand generated by the uses that have not yet been issued Certificates of Occupancy. This calculation will include an appropriate buffer between the parking supply and demand as recommended by either the Institute of Transportation Engineers, Urban Land Institute, or other recognized published traffic engineering organizations or resources. The first annual parking study must be submitted when Certificates of Occupancy for 80% of the project’s approved square footage have been issued. The parking study will be performed on an annual basis for a period of five (5) years. Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise methodology shall be agreed upon by both the Applicant and City staff at the time that the study is initiated. At a minimum, the study is to be performed during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving holidays), or as determined by the Growth Management Administrator. (City Engineer) (ONGOING) 51. Should the parking study conclude that the available on-site parking is 90% or more occupied, then the Applicant shall provide a permanent (perpetual) solution to increase parking supply for the project. The solution may include (1) the construction of a parking garage, so long as the elevations are designed to have the appearance of a building other than a garage that is architecturally consistent with the rest of the site; or (2) other viable alternative means as approved by the City Council. When the on-site parking is determined to be 90% or more occupied, 12 Date Prepared: May 1,2007 Resolution 7, 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 52. 53. 54. the shared parking study provided by the Applicant shall be considered null and void, and the Applicant shall construct the required parking based on the number of spaces recommended by the above-referenced parking study, or as otherwise determined by the City Council. (City Engineer) Prior to the issuance of any Certificates of Occupancy, the Applicant shall transfer any surety for completed public improvements and post additional surety as necessary to secure 110% of the cost of construction of the additional parking spaces referenced in Condition No. 51 as approved by the City Council. The City shall release neither the surety posted by the Applicant for public improvements nor the additional surety to be paid by the Applicant after completion of said improvements for a period of five (5) years from the date the project receives Certificates of Occupancy for 80% of the approved square footage for the subject site. (Planning & Zoning) (ONGOING) Construction of or provision for additional parking spaces by a permanent (perpetual) alternative means for the project shall be completed within one (1) year of the determination that the on-site parking is 90% occupied. (City Engineer) Hotel Employee parking shall not be allowed on Parcel J. The hotel shall require all employees to park within the shared parking areas within the Planned Unit Development in order to reserve the parking in Parcel J for hotel guests. The Applicant shall install appropriate signage in the Parcel J parking lot that designates the parking is for hotel guests only. (Planning L? Zoning) Signage and OccuDational Licenses 55. 56. Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the Applicant or its agent shall submit a tabular breakdown by use of the gross square footage for lease, for approval by the Planning and Zoning Division. The table shall include the approved square footages for the retail/mixed-use buildings, which are designated as Buildings A, B, I, and J on the master site plan. The Applicant shall include the existing uses that have been issued occupational licenses in order to verify that the requested uses do not exceed the allowances approved for professional office (9,000 square feet), medical office (18,387 square feet), retail (45,000 square feet), and restaurant (13,000 indoor dining, 2,400 square feet outdoor dining). (Planning & Zoning) (ONGOING) The signage on the north elevation is not to exceed 2’ X 12’1 3’ ,. Y (Planning & Zoning) 13 Dale Prepared: May 1,2007 Resolution 7. 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 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 57. The waiver granted for Building J (medical office) shall be contingent upon the Applicant limiting the size of the additional sign on the east elevation of the building. It shall be smaller in size by 25% than the north elevation sign. (Planning & Zoning) 58. All tenant signage (ground-floor users, excluding principal (single-tenant buildings) tenants) shall be limited to a letter height of not more than (NMT) 24”. (Planning & Zoning) 59. Each tenant sian shall be directly affixed to the elevation of the tenant space or bay that the sign identifies. No tenant shall be allowed more than one (11 tenant sian on the same elevation. (Planning & Zoning) 60. Prior to the issuance of the buildina permit for the sign on the west elevation of the hotel (Buildina HI. the Applicant shall submit a landscape plan for the PUD’s monument signs to ensure adeauate screening of the rear of the siqns and aesthetic compatibilitv with the site, The submitted landscape plans shall be approved bv the Citv Forester. (Citv Forester) Miscellaneous !Sa. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) We. Prior to the issuance of the first building permit, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) &%6. Prior to issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire site. (City Attorney) (COMPLETED) =a. Striped awnings shall not be permitted within the Planned Unit Development. (Planning & Zoning) SECTION 5. This Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 1. PUD Site Plan Sheets, Urban Design Studio, 08.25.2004, 7 sheets. 2. Paving & Drainage Plans, Schaefer Fagan, 08.26.2004, Sheets 1 - 20 (20 sheets). 14 Date Prepared: May 1,2007 Resolution 7, 2007 I 3. 2 3 4. 4 5 6 5. 7 8 6. 9 10 7. 11 12 8. 13 14 9. 15 16 Parking Contingency Plan, Urban Design Studio, 08.1 8.04, 1 sheet. Parking Garage Floor Plans & Elevations, OGS&P, 04.14.04, Sheet GA-1 (1 sheet). Building H, OGS&P, 07.03.03, 1 sheet. Building I, OGS&P, 08.1 1.04, 1 sheet Building K, OGS&P, 04.05.04, 1 sheet. Building J, OGS&P, 04.05.04, 1 sheet. Landscape Plan PUD Amendment Phase II, UDS, 08.30.04, Cover sheet, L-I through L-12 (12 sheets). 17 18 19 20 21 22 23 24 25 IO. Donald Ross Village Signage & Graphics Program, MT Fuller, 19 pages. 11. Hilton Homewood Suites Sian GraDhic. Kieffer & Co., Inc.. 01.19.07. 1 sheet. 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. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (The remainder of this page left intentionally blank) 15 Date Prepared: May 1,2007 Resolution 7, 2007 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a PASSED AND ADOPTED this Is' day of -S;l,~t ,2007. ATTEST: BY: BY: fw Pa ricia S ider, CMC,'City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: &, Mstke P. Tatum, City Attorney VOTE: MAYOR RUSSO VICE MAYOR LEVY COUNCILMEMBER JABLIN COUNCILMEMBER VALECHE COU NCILMEMBER BARN ETT -- AYE NAY ABSENT G:\altorney-share\RESOLUTIONS\donald ross vlg amendment - reso 72007 May1 .doc 16 1 * urban 0 PROJECT NARRATIVE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT BUILD OUT DETERMINATION Urban Desian APPLICATION November 13,2007 Urban Planning Land Planning Landscape Architecture Request/Location The request, on behalf of Donald RosdMilitary, L.C., is for to eliminate the shared parking analysis for the project and Conditions #50 through #53 of Resolution 210,2004. The request is prompted by the project’s compliance with the City Code parking requirements. The overall site has a zoning designation of Planned Unit Development (PUD) and a Future Land Use Designation ofCommercia1 and Mixed-Use. To the south is the William T. Dwyer Community High School, to the north is the Abacoa Shopping Center, to the east is the Evergrene PCD, and to the west is Legends at the Gardens PUD. History The Donald Ross Village MXD PUD was approved on April 10, 2003, through the adoption Ordinance 53, 2002, for 156 multifamily residential units, a %-room hotel, 9,000 square feet of professional office, a 3,236 square foot convenience store with gas sales, a 4,000 square foot bank, 14,873 square foot drug store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating and 88,987 square feet of retail use. On September 25,2004, the City approved ADMIN-03-49, which granted the administrative approval to minor changes to approved convenience store/gas station. Minor revisions to the project’s drugstore was approved on February 20,2004, through the approval ofADMIN-03-75. An additional entrance was added to the approved bank through the administrative approval ADMIN-03- 1 1 1, which was issued on March 15,2004. On July 1, 2004, the City Council adopted Resolution I 15, 2004 and Resolution 125, 2004 which approved the off-site mitigation for the project and approved a waiver regarding the width of the on- site preservation area. The City Council, on August 5,2004, approved Resolution 149,2004, which approved the location ofalake maintenance easement on the adjacent William T. Dwyer Community High School site. On November 18, 2004, City Council adopted Resolution 210, 2004, which approved the second phase of the Donald Ross Village site plan. A three-year administrative time extension was approved by the City on December 30, 2004. The current build out date for the project is December 31, 2007. On June 29, 2007, a request for a build out determination of the project was submitted to the City. This request is currently being reviewed. Compliance/Land Use The subject PUD has a Commercial (1 1.13 acres) and Mixed Use (34.24477 S. Rosemary Avenue acres) land use designation. The approved Mixed Use Planned UnitWest Palm Beach, FL 33401 . Suite 225 - The Lofts at City Place 561.366.1 100 561.366.11 11 fax www.UDSonline.com LCC35 Development is consistent with the underlying land use. The proposed administrative time extension is consistent withe the underlying land use and the original Planned Unit Development. Existing Zoning and Land Use Designations & Site Analysis I EXISTING USE SUBJECT PROPERTY: Commercial/ MXD TO THE NORTH: ABACOA DRI TO THE EAST: Evergrene PCD TO THE SOUTH: Dyer H.S. TO THE WEST: Legends At The Gardens ZONING I FUTURE LAND USE I P/I Ip I MXD PUD Parking When the second phase of the of the commercial portion of the Donald Ross Village was adopted in late 2004, parking within the site was through a shared parking analysis, as directed by Section 78-346 of the City Code. Below is the parking analysis approved with Resolution 210, 2004: Shared Parking Calculations for Donald Ross Village PUD July 8,2004 Use Office 9,000 s.f. general Medical Office 18,387 s.f. (1/300 s.f.) (1/200 s.f. Weekday: Midnight to 6 a.m. (5% Of required) 7 Weekday: 9 a.m. to 4 p.m. (1 00% of required) 122 Weekday: 6 p.m. to Midnight (1 0% of required) 12 Weekend: 9 a.m. to 4 p.m. (1 0% of required) Weekend: 6 a.m. to Midnight (5% Of required) ,. a a Commercial (retail, bank, gadconvenience store/fitness center) 86,609 s.f. (1/200 s.f.)and 2,400 s.f. of outdoor seating (11150 for patrons) Res taurant 13,000 s.f. indoor (]/I50 for patrons and 1/250 for employees) Hotel 93 Rooms, 700 s.f. of meeting rooms (1.1 spaces per room + lspace per 100 s.f. of meeting/office space Total (5% Of required) 23 (10% of required) 14 (80% of required) 88 132 (70% of required) 315 (50% of required) 70 (80% of required) 88 595 (90% of required) 404 (1 00% of required) 139 (100% of required) 110 665 (100% of required) 449 (50% of required) 70 (80% of required) 88 620 (70% of required) 315 (1 00% of required) 138 (1 00% of required) 110 571 665 parking spaces required under the City’s shared parking calculations for the entire parcel. 768 Parking spaces provided 819 Parking spaces required by code With this approval, several conditions of approval (Conditions #50 through #53 of Resolution 210,2004) were placed on the project. Since this approval, the Donald Ross Village has largely been constructed and some of the approved uses have been amended. As a result, there is no longer a need for the shared parking requirement. As a result, the Donald Ross Village now meets the City’s Parking requirement, as indicated below: USE # Ratio Spaces Retail 45,000 1 /200 225 Drugstore 14,873 11250 59.4 Restaurant 5,000 1/150 + 1/250 53.3 Health, Phys. 20,000 1 /200 100 Medical Office 18,587 1/200 92.9 a General Office Outdoor Seating 9,000 2,400 1/300 30 1/150 + 11250 25.6 Bank 8,587 1/250 34.34 Gas Station 3,236 1/200 16.18 Hotel 93 Rooms +700 s.f. l.l/m + 1/100 109.3 TOTAL REQUIREMENT TOTAL PROVIDED 744.745 770 As the project is meeting is parking code requirements, we are requesting the elimination of Conditions #50 through #53 of Resolution 210 2004 because the conditions are no longer applicable. hi c MA H 0 R’ 4 5S 0 CIA T E 5, 1 N C . 7741 N. Military Trail I Suite 5 I Palm Beach Gardens, FL 33410 www.mcrntrans.com p 561 -840-8650 I f 561 -840-8590 CMAHON TO: CC TECHNICAL MEMORANDUM Kara Irwin, Growth Management Administrator Judy Dye, P.E., Assistant City Engineer City of Palm Beach Gardens Dan Clark, P.E., City Engineer Richard Marrero, Senior Planner City of Palm Beach Gardens 1’ H 1 N C 1 PAL 5 Joseph W. McMahon, P.E. Rodney P. Plourde, Ph.D., P.E. Joseph J. DeSantis, P.E., PTOE John 5. DePalma William T. Steffens A 5 h C) C 1 A T b h Casey A. Moore, P.E. Gary R. McNaughton, P.E.. PTOE John J. Mitchell, P.E. Christopber J. Williams, P.E. John F. Yacapsin, P.E. Thomas A. Hall FROM: John P. Kim, P.E.,PTOE, Senior Project Manager SUBJECT: Donald Ross Village PUD - Condition Removal McMahon Project No. M06344.30 PUDA-07-11-000013 DATE: January 2,2008 McMahon Associates, Inc. (McMahon) has reviewed the documentation provided by Urban Design Studio, dated December 21, 2007 and the accompanying site plan and supplemental information. The applicant has sufficiently responded to the previous comments and has demonstrated that the site is providing more than the number of parking spaces required under the City of Palm Beach Gardens Code. The PUD no longer requires the application of shared parking calculations. The request to remove conditions 50 through 53 of Resolution 210, 2004, related to the approval of shared parking can be approved. Please feel free to contact me with any questions or concerns regarding this project. F: \ FL \06344M \06344M-30 - Donald Ross Village PUD Condition Removal\Admin\ Donald Ross Village PUD Tech Memo 010208.doc \.1 \ Boston 1’4 Fort Washington 1 Exton I Mechanicsburg XI Yardville 1 I Palm Beach Gardens I Fort Lauderdale 1 Fort Myers I Miami P II' I A t I[ ---- IT- :4 I I -_ 'i 4 C I .I ymmu--. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION 22,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE DEVELOPMENT ORDER FOR DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (PUD), BOUNDED BY DONALD ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN, TO ELIMINATE CERTAIN CONDITIONS OF APPROVAL RELATED TO THE PROVISION OF SHARED PARKING; PROVIDING CONDITIONS OF APPROVAL; PROVIDING WAIVERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002, thereby approving the master site plan for a Planned Unit Development (PUD), consisting of 256 multi-family residential units, a %-room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gaskonvenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east; and WHEREAS, the City Council approved an area of Reserve Preserve on the master site plan that the Applicant was permitted to develop contingent upon off-site mitigation being provided within the City limits; and WHEREAS, on July 1, 2004, the City Council approved the transference of the rezoning, site plan approval, and the conditions related thereto to a separate Ordinance and Resolution. The zoning set forth in Ordinance 53, 2002 was re-affirmed by Ordinance 23, 2004 and the master site plan, waivers, and conditions of approval were transferred to Resolution 125, 2004; and WHEREAS, on July 1, 2004, the City Council adopted Resolution 125, 2004, which approved the off-site mitigation parcel and a waiver reducing the width of the upland preserve areas along Central Boulevard and Military Trail to provide for utility easements; and WHEREAS, on August 5, 2004, the City Council adopted Resolution 149, 2004, which approved a waiver eliminating the lake maintenance easement along the south side of the 5.09-acre lake on site; and Date Prepared: February 16, 2008 Date Prepared: February 16, 2008 Resolution 22, 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 WHEREAS, on November 18, 2004, the City Council adopted Resolution 21 0, 2004, which approved the development of Phase II of the Donald Ross Village PUD consisting of a 93-room hotel, 18,387 square feet of medical office, 13,500 square feet of retail, a 20,000 square-foot fitness center, and the Master Signage Program (MSP); and WHEREAS, on September 21 , 2006, the City administratively approved a request (ADMN-06-05-000072) from Mr. Marty Minor of Urban Design Studio, on behalf of Donald Ross/Military L.C., amending the Donald Ross Village PUD to allow for the conversion of commercial square footage to be utilized as office space consisting of a 93-room hotel, 32,009 square feet of commercial retail, a 14,873-square-foot drugstore, 15,400 square feet of quality restaurant, a 3,500 square-foot financial institution with drive-thru, 21,991 square feet of office, 18,387 square feet of medical office, a 20,000 square-foot fitness center, and a 3,236 square-foot gas station; and WHEREAS, on June 21, 2007, the City Council adopted Resolution 7, 2007, which approved an amendment to the Donald Ross Village PUD increasing the size of the signage on the west elevation of the hotel from 36 square feet to 53 square feet (Building H) and allowing one additional flat/waII sign for tenants located in Buildings A, B, C, D, I, J, and K that have two or more elevations facing a right-of-way or primary entrance; and WHEREAS, the City has received a request (PUDA-07-11-000013) from Mr. Marty Minor of Urban Design Studio, on behalf of Donald Ross/MiIitary L.C., for approval of an amendment to the Donald Ross Village PUD to allow for the deletion of Conditions #50 through #53 of Resolution 7, 2007, to remove all requirements associated with shared parking; and WHEREAS, the Growth Management Department has reviewed the application, has determined that it is sufficient, and has recommended its approval; 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. 2 Date Prepared: February 16, 2008 Resolution 22, 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 2. The development plans for the Donald Ross Village Planned Unit Development as amended by application PUDA-07-11-000013 are hereby APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: THE PLAT OF THE SHOPS OF DONALD ROSS REPLAT OF TRACT "A' AS RECORDED IN PLAT BOOK 98, PAGE 157, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. 2. 3. 4. 5. 6. 7. 8. Waiver from City Code Section 78-1 53, Nonresidential zoning district regulations, to allow a five-story hotel building (Building H). Waiver from City Code Section 78-285, Signage, to allow identification signage on the top of the fifth floor western elevation of Building H. Waiver from City Code Section 78-344 (I) (I), Parking stall and bay dimensions, to allow for 9.5-foot wide parking stalls for the area adjacent to the hotel building. Waiver from City Code Section 78-344 (I) (I), Parking stall and bay dimensions, to allow 16.5-foot long parking stalls for parking spaces adjacent to the hotel use. Waiver from City Code Section 78-285, Signage, to allow for an additional sign on the west elevation of Building H. Waiver from City Code Section 78-285, Signage, to allow for an additional building identification wall sign on Building J. Waiver from City Code Section 78-563, Lake maintenance tracts, to allow encroachments within the lake maintenance easements. Waiver from City Code Section 78-285, Signage, to allow for one additional flat/waII sign for tenants that have two or more elevations facing a right-of-way or primary entrance, which are located in buildings A, B, C, D, I, J, and K. SECTION 4. This Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the Applicant, its successors, or assigns: 3 1 Build-Out Date 2 3 1. Pursuant to the terms of Ordinance IO, 2003, the build-out date for this 4 development is December 31 , 2004. All infrastructure and common-area 5 landscaping shall be completed for the commercial and residential uses prior to 6 this date. (Planning & Zoning) (COMPLETED) 7 8 Temporary Trailers 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 2. Any trailers used on site for construction, security, or marketingkales purposes shall meet the requirements set forth in Section 78-159 of the Land Development Regulations. (Planning & Zoning) Temporary Signs 3. The Applicant shall be permitted one 36 square-foot temporary development sign per right-of-way frontage (for a maximum total of three (3)). Any additional temporary development signs shall require separate approval by the City Council. (Planning & Zoning) Master Sign Plan 4. Prior to the issuance of the first Certificate of Occupancy for any structure on site, the Applicant shall submit an application for and receive approval from the City Council for a detailed master sign package for both the residential and non- residential portions of the site. The master sign plan shall include wall signs and monument signs proposed for the commercial uses on site, as well as entry features, address numbers, and building numbers for the residential uses on site. The master sign plan shall also include directional signs, traffic regulatory signs, and building directory signs. Neon signs and internally illuminated aluminum channel wall signs shall not be permitted. Backlit reverse channel wall signs and soffit signs may be permitted. (Planning & Zoning) (COMPLETED) Gateway Sian 5. If the City Council makes a decision on the specific location(s) and design of the City entryway signs applicable to the Donald Ross Village PUD, the Applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed monument signs at the Donald Ross Village PUD in accordance with the City Council decision. The specific locations may include the southwest corner of Donald Ross Road and Military Trail and the southeast corner of Central Boulevard and Donald Ross Road within the Donald Ross Village PUD property. The Applicant shall construct and maintain said entryway sign(s) within 12 months of the City Council’s approval of the entryway sign plan. (Planning & Zoning) (COMPLETED) 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: February 16, 2008 Resolution 22, 2008 Future Site Plans for Phase II g. Future site and architecture plans for parcels within Phase II shall comply with the architectural guidelines set forth by this Ordinance, attached hereto and incorporated herein as Exhibit “B.” (Planning & Zoning) (COMPLETED) 87. Future site plans for parcels within Phase II shall substantially comply with “build- to streetline” standards (building footprint having a zero-foot setback to spine road sidewalk), attached hereto and incorporated herein as Exhibit “C”, to enhance “main street” environment in this location. (Planning & Zoning) (COMPLETED) Art in Public Places 9B. The Applicant shall be required to provide Art in Public Places should construction costs exceed $1 million, pursuant to the Land Development Regulations. All public art shall be reviewed and approved by the Art in Public Places Advisory Board. If the Applicant is proposing to provide art on site to meet the Art in Public Places requirement, then the art shall be approved and installed prior to the issuance of the final commercial Certificate of Occupancy for Phase I. (Planning & Zoning) (COMPLETED) Riaht-of-Wav Landscapinq 4422. The median and adjacent shoulder landscaping and irrigation for Donald Ross Road, Military Trail, and Central Boulevard shall be installed and completed within six (6) months from the issuance of the first clearing permit. (City Forester) (COMPLETED) WE. The Applicant, successors, and assigns shall be responsible for their fair share of the landscape, irrigation, and maintenance of the median and adjacent roadway shoulder landscaping for Donald Ross Road, Military Trail, and Central Boulevard per Ordinance 36, 2002 (a/k/a Roadway Beautification Plan). (City Forester) (ONGOING) 5 Date Prepared: February 16, 2008 Resolution 22, 2008 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 42u. Detailed Landscape Plans referenced in Condition W 9 shall be prepared by the Applicant based on the City Roadway Beautification Plan, and shall be submitted to the City for staff review no later than ninety (90) days after the effective date of this Development Order. (Planning & Zoning) (COMPLETED) 4-32. Prior to the issuance of the first building permit, the Applicant shall place monies, in an amount equal to 110% of the cost of the landscape improvements referenced in Condition ##W 2, in an escrow account established by the Applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens or another entity forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Donald Ross Village property owners association, successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the Applicant and the City Palm Beach Gardens. (Planning & Zoning) (COMPLETED) Environmental Ma. By May 12, 2003, the Applicant shall submit a restoration plan for the two (2) disturbed wetlands located at the northwest corner and southeast corner of the subject site. (Planning & Zoning) (COMPLETED) 45u. No land alteration/clearing shall be allowed until all issues have been satisfied with the Florida Fish and Game Commission regarding the relocation of Gopher Tortoises on or off site. (Planning & Zoning) (COMPLETED) 4-6s. All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that such areas are identified and protected pursuant to City Code. (Planning & Zoning) (COMPLETED) WE. Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer, City Attorney, and the City Forester. (Planning & Zoning) (COMPLETED) Dedications and Improvements Mu. All sidewalks within the parkway easements not located within the road rights-of- way shall be dedicated as public access easements and shall be maintained by the master property owners association prior to the issuance of the first commercial Certificate of Occupancy. (Planning & Zoning) 6 Date Prepared: February 16, 2008 Resolution 22. 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 Police Department/CPTED Design WB. Numerical addresses shall be located on all buildings and illuminated for nighttime visibility. (Planning & Zoning, Police) a=. Parkway and preserve paths shall maximize natural surveillance of the pedestrian users through the selective vegetative management practices. Adjacent to parkway and preserve multi-use pathways, ground cover shall be no higher than 24 inches, and trees having a minimum of 7-foot clear trunk space shall create a natural surveillance. Additional measures may be required by the Police Department per CPTED. (Planning & Zoning, Police) Prior to the issuance of the first non-residential Certificate of Occupancy, all multi-use pathways and/or sidewalks adjacent to preserves shall be reviewed and approved by a CPTED certified police officer with the City. (Planning & Zoning, Police) (COMPLETED) 22a. All pedestrian walkways on site, including parkway multi-use pathways and sidewalks within rights-of-way, shall be lit, at a minimum, no less than .6 foot- candles with 14-foot high pedestrian scale lighting, to be of similar design to the parkway lighting used within the MirasoVJog Road parkway corridor. (Planning & Zoning, Police) 232. Prior to the issuance of the Certificate of Occupancy for the financial institution, a CPTED certified police officer shall inspect the structure for compliance with CPTED principles, as outlined in the Police Department memorandum dated February 1, 2002, attached hereto and incorporated herein as “Exhibit D.” (Planning & Zoning, Police) (COMPLETED) 242. Prior to the issuance of the first residential building permit, a CPTED certified police officer shall review construction plans for compliance with CPTED principles, including, but not limited to, strike-hardened doors, peep holes, telephone line connection box within the garage, building lighting, and lighted address and building numbers. (Planning & Zoning, Police) (COMPLETED) 253. The height of all light poles along the parkway buffer shall not exceed 14 feet in height and shall be metal halide. All lighting shall not conflict with landscaping. (Planning & Zoning, Police) Fire Department Prior to the issuance of the first Certificate of Occupancy for three-story residential buildings, the Fire Marshall shall inspect the units for fire sprinkler installation as required by City Ordinance. (Fire) (COMPLETED) 7 Date Prepared: February 16, 2008 Resolution 22, 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 Service Station Lightinq 273. Lighting for the service station canopy shall be recessed and shielded or shall contain a cutoff luminaire within the structure or fixture in which it is located. The lighting source shall not be visible from adjacent properties or rights-of-way. The maximum average foot-candle for the service station shall be 55. (Planning & Zoning) Uses Permitted Uses permitted within the non-residential buildings on site shall be consistent with the permitted use table attached hereto and incorporated herein as “Exhibit E.” Any use hereby not approved which is identified as a conditional use by the City’s LDRs must undergo conditional use analysis and review and be approved by the City Council. Any medical office use on site shall be required to undergo an administrative review, including a parking analysis and a traffic equivalency statement consistent with the approved traffic concurrency, to be approved by the Growth Management Administrator. (Planning & Zoning) 3328. The total square footage allocated for restaurant use shall not exceed 25% of the total approved square footage for the &e PW shopping center (Parcels A, B, and Ill excluding the square footage approved for the restaurants located a4 €it&hgs on Parcel C. a&Q (Planning & Zoning) Disclosure =a. Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) 323CJ. Prior to the issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire PUD. (City Attorney, Planning & Zoning) (COMPLETED) 8 Date Prepared: February 16, 2008 Resolution 22, 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 33J. Prior to the issuance of the first residential Certificate of Occupancy, the Applicant shall provide to the City Attorney the master property owners association documents containing language disclosing the proximity of the residential area to the commercial buildings, including buildings H and J. (City Attorney) (COMPLETED) Residential Signaqe, Lighting, and Accessorv Buildings 342. By July 9, 2003, the Applicant shall submit for City Council review and approval an application including details and site plans of the residential sign program, entry features, and all accessory buildings, including gazebos, and lighting for the residential portion of the PUD. (Planning & Zoning) (COMPLETED) Temporary Dumpsters 35%. The Applicant shall be permitted two (2) temporary dumpster locations on Parcel H to allow for refuse collection for Buildings A and B. The temporary dumpster locations shall be removed upon construction of the access roads on this parcel or no later than twelve (12) months after the issuance of the final certificate of occupancy for the non-residential portion of Phase I, whichever comes first, at which time the dumpsters shall be relocated to the permanent location indicated on the master site plan or as amended with the Phase II site plans for Buildings H and J. The dumpsters shall be screened with a material consistent with the architecture of Buildings A and B and shall be located in a landscaped area. (Planning & Zoning) Drv-Model Permits Prior to Platting 36%. The Applicant shall post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models, as depicted on the master plan, attached hereto and incorporated herein as Exhibit “C.” No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineering) (COMPLETED) Off-Site Mitiqation 37%. No land alterationklearing shall be allowed for the hotel site and 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan. (Planning & Zoning) 33%. Should the Applicant pursue off-site mitigation for the upland preserve, said off- site mitigation shall be approved by a separate instrument. (Planning & Zoning) 9 Date Prepared: February 16, 2008 Resolution 22, 2008 1 PHASE11 2 3 Enaineerinq 4 5 ax. 6 7 8 9 11 12 13 14 4%. 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 431. 31 32 33 34 35 36 4442. 37 38 39 40 41 42 4-5s. 43 44 45 46 47 10 4%. 22 4244. Prior to the issuance of the first building permit, the Applicant shall provide construction plans sufficient to construct the project and meet all applicable ADA and FDOT requirements for handicapped access. (City Engineer) (COMPLETED) The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in the PBC Traffic Division equivalency and concurrency approval letter dated March 21 , 2001. (City Engineer) The Applicant shall post surety prior to the issuance of the building permit for the model homes for the purposes of demolition and lien protection which surety shall remain in effect until the plat is recorded. The amount of the surety shall equal a total of 113 of the hard costs of construction of all of the proposed models, as exhibited in Exhibit “C”, Ordinance 53, 2002. No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineer) Prior to the issuance of the first building permit for any structure, the Applicant shall provide surety, acceptable to the City, for the construction of the public improvements. The Applicant shall provide an annual evaluation and adjustment of the surety for the public improvements to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed each year prior to the anniversary of the Development Order approval. (City Engineer) (0 N GO I N G) Commencing with the date of approval of this amended Development Order and continuing through substantial completion of construction, the Applicant shall bi- annually provide the City with a status report on all the approved elements of the PUD, including a summary of completed construction and schedule of proposed construction over the remaining life of the Development Order. (City Engineer) Six (6) months after the issuance of the first residential building permit and semiannually thereafter until issuance of the final certificate of occupancy, the Applicant, successors, or assigns shall submit a report showing the number of approved permits and certificates of occupancy issued to date for review and approval by the City Engineer. (City Engineer) (ONGOING) The Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 CPTED m2. 4744. 4844. 4944. Metal halide lighting shall be used along streets, pedestrian walkways, parking lots, multi-use pathways, and pedestrian walkways (sidewalks). Multi-use pathways and sidewalks within the site shall be lit at a minimum of 0.6 foot- candles. (Growth Management, Police) Non-glare building lighting shall be installed around the entire building perimeter and on pedestrian walkways. (Police) Timer clock or photocell lighting shall be provided for nighttime use above or near entryways and all exits, including emergency exits. (Police) Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide pedestrian-scale lighting on the sidewalks adjacent to the property within the adjacent rights-of-way, unless said lighting is already being provided as part of another construction project. (Planning & Zoning) Parking 11 Date Prepared: February 16, 2008 Resolution 22, 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 5444. Hotel Employee parking shall not be allowed on Parcel J. The hotel shall require all employees to park within the shared parking areas within the Planned Unit Development in order to reserve the parking in Parcel J for hotel guests. The Applicant shall install appropriate signage in the Parcel J parking lot that designates that the parking is for hotel guests only. (Planning & Zoning) Signage and Occupational Licenses 55%. Prior to the issuance of each occupational license or building permit for interior renovations of tenant spaces, the Applicant or its agent shall submit for approval by the Planning and Zoning Division a tabular breakdown by use of the gross square footage for lease. The table shall include the approved square footages for the retaiI/mixed-use buildings, which are designated as Buildings A, B, I, and J on the master site plan. The Applicant shall include the existing uses that have been issued occupational licenses in order to verify that the requested uses do not exceed the allowances approved for professional office (9,000 square feet), medical office (1 8,387 square feet), retail (45,000 square feet), and restaurant (1 3,000 indoor dining, 2,400 square feet outdoor dining). (Planning €4 Zoning) (ONGOING) %a. The signage on the north elevation is not to exceed 2' X 12'. (Planning & Zoning) 573. The waiver granted for Building J (medical office) shall be contingent upon the Applicant limiting the size of the additional sign on the east elevation of the building. It shall be 25% smaller in size than the north elevation sign. (Planning & Zoning) 12 Date Prepared: February 16, 2008 Resolution 22, 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 46 582. All tenant signage (ground-floor users, excluding principal (single-tenant buildings) tenants) shall be limited to a letter height of not more than 24 inches. (Planning & Zoning) 59%. Each tenant sign shall be directly affixed to the elevation of the tenant space or bay that the sign identifies. No tenant shall be allowed more than one tenant sign on the same elevation. (Planning & Zoning) as. Prior to the issuance of the building permit for the sign on the west elevation of the hotel (Building H), the Applicant shall submit a landscape plan for the PUD's monument signs to ensure adequate screening of the rear of the signs and aesthetic compatibility with the site. The submitted landscape plans shall be approved by the City Forester. (City Forester) - 55. Effective March 20, 2008, occupation licenses for new restaurants within the shopping center (Parcels A, B, and I) shall not be issued until the Applicant demonstrates compliance with Section 78-345 of the Land Development Regulations, which allocates no more than 25% of the gross floor area of the shopping center for restaurant purposes unless adequate parking is provided. Miscellaneous 64%. Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to the issuance of the first building permit, and approved civil design and architectural drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance Officer) @5J. Prior to the issuance of the first building permit, the master property owners association documents and restrictions shall be furnished by the Applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) (COMPLETED) 63z. Prior to the issuance of the first building permit, the Applicant shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the Applicant or the property owners association over the entire site. (City Attorney) (COMPLETED) 64%. Striped awnings shall not be permitted within the Planned Unit Development. (Planning & Zoning) SECTION 5. This Planned Unit Development shall be constructed in compliance with the following plans on file with the City's Growth Management Department: 1. PUD Site Plan Sheets, Urban Design Studio, 08.25.2004, 7 sheets. 13 1 2. 2 3 4 3. 5 6 4. 7 8 9 5. 10 11 6. 12 13 7. 14 15 8. 16 17 9. 18 19 20 10. 21 22 11. 23 Date Prepared: February 16, 2008 Resolution 22, 2008 Paving & Drainage Plans, Schaefer Fagan, 08.26.2004, Sheets 1 - 20 (20 sheets) . Parking Contingency Plan, Urban Design Studio, 08.18.04, 1 sheet. Parking Garage Floor Plans & Elevations, OGS&P, 04.14.04, Sheet GA-1 (1 sheet). Building HI OGS&P, 07.03.03, 1 sheet. Building I, OGS&P, 08.1 1.04, 1 sheet Building K, OGS&P, 04.05.04, 1 sheet. Building J, OGS&P, 04.05.04, 1 sheet. Landscape Plan PUD Amendment Phase II, UDS, 08.30.04, Cover sheet, L-I through L-I 2 (1 2 sheets). Donald Ross Village Signage & Graphics Program, MT Fuller, 19 pages. Hilton Homewood Suites Sign Graphic, Kieffer & Co., Inc., 01 .I 9.07, 1 sheet. 24 12. 25 1 Sheet. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Donald Ross Village PUD Site Plan, prepared bv Urban Design Studio, 12.21.07, 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) 14 Date Prepared: February 16, 2008 Resolution 22, 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 30 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of , 2008. CITY OF PALM BEACH GARDENS, FLORIDA BY: Mayor ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlClENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\donald ross village pud amendment - shared parking - reso 22 2008.doc 15 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 16,2008 Meeting Date: March 20,2008 Resolution 23,2008 Subject/Agenda Item: Resolution 23,2008: Prosperity Centre Planned Unit Development (PUD) Signage Amendment Consideration of Approval: A request by Larry Presley, of Bell Sign, on behalf of Equity One (Florida Portfolio 2000), Inc., to allow for modifications to the signage criteria and revisions to the monument signs for the PUD. The Prosperity Centre PUD is approximately 10.79 acres and is located along the south side of PGA Boulevard between Prosperity Farms Road and Kidd Lane. [XI Recommendation to APPROVE [ ] Recommendation to DENY Planning Manager Jeff Johnson I City Attorney Christine Tatu Development Compliance U! A Bahareh Wolfs, AICP Growth Manage Administrator Approved By: 1 Originating Dept.: Growth Management: Project Manager Senior Planner [XI Quasi - Judicial [ ] Legislative [ 3 Public Hearing Advertised: [ XI Not Required Date: N/A Paper: N/A / afected parties: [ ]Notified [XI Not Required FINANCE: Costs: $-N/A Total I $L- NIA Current FY Funding Source: [ ] Operating [XI Other-NA Budget Acct.#: NA City Council Action: [ ] Approved [ ] App. w/ conditions [ ] Denied [ ] Continued to: Attach nien t s : Project Narrative Ordinance 32, 1988 Resolution 90, 1993 Resolution 23,2008 Reduced Plans Federally Registered Trademark Documentation Date Prepared: February 16, 2008 Meeting Date: March 20,2008 Resolution 23,2008 EXECUTIVE SUMMARY The subject petition is a request for approval of a modification to the approved colors for tenant signage on the former Barnes and Noble building located within the Prosperity Centre Planned Unit Development (PUD). The Applicant also proposes to modify the existing monument signs for the shopping center to include three tenant identification panels. The Applicant’s proposed modifications to the monument signs are consistent with the City’s Land Development Regulations and do not require any additional waivers. Staffsupports the Applicant ’s request. BACKGROUND On October 20, 1988, the City Council adopted Ordinance 32, 1988, which approved the development order for Prosperity Centre (PUD). Ordinance 32, 1988 was subsequently amended by Resolution 74, 1993, which approved modifications to the site, landscape and lighting plans. Three months later, the City Council adopted Resolution 90, 1993, which amended Ordinance 32, 1988, and approved uniform sign criteria, one additional sign for the Barnes and Noble Building, and changes to the colors of the buildings and structures on-site. LAND USE & ZONING The subject site has a zoning designation of General Commercial (CG-l)/Planned Unit Development (PUD) Overlay and Future Land-Use and Vision Map designations of Commercial (C). SIGNAGE REQUEST Tenant Signage Request Resolution 90, 1993, Exhibit “C”, states that all tenant signs are to be white. The Applicant requests to amend this restriction in order to use their corporate colors. City Code Section 78- 286, allows for federally registered trademarks to be incorporated into the design of tenant signage. The Applicant has supplied documentation from the United States Patent and Trademark Office demonstrating the corporate colors and font are federally registered. Furthermore, Exhibit “A” contained within Resolution 90, 1993, requires that all other tenant signs (excluding the anchor tenants) are to be red. Staff believes that the Applicant’s request to use their corporate color (red) will be compatible with the rest of the shopping center. Monument Signage Request In addition to the tenant signage request, the Applicant is seeking approval of modifications to the existing monument signs on-site. The Applicant proposes to revise the existing signs to include space to identify three tenants. This request is consistent with City Code Section 78-285 and does not require a waiver. Furthermore, the Applicant does not propose to relocate or increase the number of existing monument signs for the shopping center. 2 Date Prepared: February 16,2008 Meeting Date: March 20, 2008 Resolution 23,2008 PLANNING, ZONING & APPEALS BOARD On February 26, 2008, the PZAB voted 7-0 to recommend approval of the subject petition to City Council with the following condition: 1. The Applicant shall paint the fascia consistent with the color of the surface to which the signs are attached. STAFF RECOMMENDATION Staff recommends approval of Resolution 23,2008. 3 Int. Cl.: 35 Prior U.S. Cls.: 100, 101 and 102 united States Patent and Trademark Office Reg. No. 3,076,655 Registered Apr. J, 2006 SERVICE MARK PRXNCIPAL REGISTER CVS VAKGlJARD, INC. (MINKESOTA COR- OWKER OF U S. REG. iiOS. 1.904,056, 2.662.956 670 WHITE PLAINS ROAD. SUlTE 204 SCARSDALE. NY 10383 PORATIOh') AKD OTHERS NO CLAIM IS MADE TO THE EYCLUSIVE FOR: RETAIL STORE SERVICES. AME EL^. RIGHT TO USE "24 HOURS". APART FROM THE PHARMACY. RETAIL DRUG STORE AND GENER- AL MERCHAKDISE STORE SERVICES. PROVIDED VIA APPLICAKT'S STORES AKD VIA THE IATER- KET. IK CLASS 35 (US. CLS. 100,101 AND 102)). MARK AS SHoWN* SER. NO, 78-607.82j. FILED 4-13-3oj. FIRST USE 1-1-1991: Ih' COMMERCE 1-1-1991. ELISSA GARBER KON, EXAh4Ih'IKG ATTORNEY CITY PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: - Planned Community Development (PCD) - Planned Unit Development (PUD) - /Amendment to PCD, PUD or Site Plan - Conditional Use - Amendment to the Comprehensive Plan - Administrative Approval - Miscellaneous Date Submitted: - Annexation - Rezoning - Site Plan Review - Concurrency Certificate - Time Extension Other - Administrative Appeal - Project Name: FOR OFFICE USE ONLY Petition Number: Fees Received Application $ Engineering $ Receipt Number: Date & Time Received: 7, Architect: Engineer: Phone Number: Planner: Phone Number: LM m7 *a , ? ir* 7. = I? t*r~~r - +ll. Landscape Architect: Phone Number: Site Information: Note: Petitioners shall submit electronic digital files of approved projects. See attachment for details. General Location: Section: Township: Range: Property Control Number(s): Acreage: Flood Zone Current Comprehensive Plan Land Use Designation: Existing Land Use: Proposed Use(s) i.e. hotel, single family residence, etc.: Current Zoning: c k I - p kb -Requested Zoning: Base Flood Elevation (BFE) -to be indicated on site plan Requested Land Use: Proposed Square Footage by Use: Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): Justification Information concerning all requests (attach additional sheets if needed.) {Section 78-46, Application Procedures, Land Development Regulations} 1. Explain the nature of the request: lorn AQQ ~li-fscho~ pr~~9-wx~c. 2. What will be the impact of the proposed change on the surrounding area? hllA 3. Describe how the rezoning request complies with the City’s Vision Plan and the following elements of the City’s Comprehensive Plan - Future Land Use, Transportation, Housing, Infiastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. 4. How does the proposed project comply with City requirements for preservation of natural resources and native vegetation (Section 78-30 1, Land Development Regulations)? U /A 5. How will the proposed project comply with City requirements for Art in Public Places (Chapter 78- 26 1, Land Development Regulations)? MIA 6. Has project received concurrency certification? Date received: Legal Description of the Subject Property (Attach additional sheets if needed) Location The subject property is located approximately mile(s) from the intersection of , on the - north, -east, -south, -west side of (streevroad). The Supermarket RE EQUITY ONE, INC. October 26th, 2007 To: City of Palm Beach Gardens Building Official From: Equity One (Florida Portfolio), Inc. 1600 NE Miami Gardens Drive North Miami Beach, FL 33 179 This is to advise that I hereby give permission to Tenant: CVS Pharmacy #5141 2410 PGA Blvd. Palm Beach Gardens, FL 33408 Who is my tenant at Prosperity Centre located at 2410 PGA Blvd. in Palm Beach Gardens, Florida, to apply for the sign permit for the installation of their storefront sign and monument sign, provided said work meets all required building codes. Equity One (Florida Portfolio), Inc. authorizes Bell Signs, Inc. to act as our agent to apply for permitting for this job. If you have any further questions, please contact Property Manager, Lissette Rivera, at our West Palm Beach office at (561)625-4655. j;$Jt : f \ 0x1; 1; :,,, ., \I I,( (,,,',\l .I: I-I K Inc. /I I Ken Choquette hz.p { ficJl,tUc'ftl' ,, I( *,%l!'i it ,' Vice President of Construction I600 North East Miami Gardens Drive North Miami Beach, FL 33 I7 Offices in: Miami Atlanta - Boston Texas www equityone net Applicant’s Certification l/We affirm and certify that I/we understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. I/WE further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my/our knowledge and belief. Further, Uwe understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. Applicant is: Signature !d Applicant cr - Owner 13 ~ , turf I I Print Namk of Applicant ’ - Optionee \ aco i\!> I! A,, if- . Street Address - Lessee /Agent - Contract Purchaser c)- .41c2- (1’ Ab v Fax%umber CVS is requesting an amendment to the Resolution 90, 1993, which was an amendment to Ordinance 32, 1988. The resolution CVS is proposing is minimal in nature and is as follows: 1. 2. 3. a. b. C. CVS is requesting the use of the official trademark color of red for the building signage. As most stores in Prosperity Centre have red signage and by allowing CVS to also display the red signage, the center will appear to be uniformed. Due to having no existing signage on PGA Blvd, CVS cannot be seen from the road. Also due to the existing landscape the existing signage does not provide adequate visibility to the location for motorists. For these reasons, CVS is requesting additional signage for the building and to replace the current monuments to add tenant panels. The request for the color change and signage is as follows: Add 24” CVWpharmacy and a 2’ 24 Hours cabinet to the South Elevation. Letters to be #2793 Cardinal Red. Add 24” CVS/pharmacy and a 2’ 24 Hours cabinet to the North Elevation. Letters to be #2793 Cardinal Red. Remove existing 18’’ Minute Clinic channel letters from the center of the North Elevation and decreasing the size of the new sign to an 18” logo w/ 8” letters to the left side of the same elevation to be centered inside the archway over the entrance. The colors for the Minute Clinic signage to be 3630-337. Process Blue and the bottom left portion of the logo to be 3630-53 Cardinal Red. USPTO Assignments on the Web Assignments on the Web > Trademark Query Trademark Assignment Abstract of Title Total Assignments: 1 Serial #: 78607825 Filing Dt: 04/13/2005 Reg #: 3076655 Reg. Dt: 04/04/2006 Registrant: CVS VANGUARD, INC. Mark: CVS/PHARMACY 24 HOURS Assignment: 1 Reel/Frame: 3245/0964 Received: 02/13/2006 Recorded: 02/13/2006 Pages: 5 Conveyance: MERGER Assignor: Exec Dt: 12/15/2005 Entity Type: CORPORATION Citizen sh i p : MI N NE S OTA CVS VANGUARD, INC. Assignee: CVS PHARMACY, INC. Entity Type: CORPORATION Citizenship: RHODE ISLAND ONE CVS DRIVE WOONSOCKET, RHODE ISLAND 02895 Correspondent: EFROSYNI IOSIPHIDIS PO BOX 55874 BOSTON, MA 06880 Search Resultsasof 12/13/2007 12 01 PM If you have any comments or questions concerning the data displayed, contact PRO /Assignments at 571-272-3350 v 2 0 1 Web interface last modified April 20. 2007 v 2 0 1 1 HOME I INDEX! SEARCH I eBUSlNESS 1 CONTACT US 1 PRIVACY STATEMENT filc:lllC~/Documcnts%20and%20Scttings/klSPTO%2OAssi~nmen~s%2Oon%2Othe%2OWeb.htm12/13/2007 12:04:41 PM ~,, 3ctober 20, 1988 ORDINANCE 52, 1988 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNEO UNIT DEVELOPMENT ON CERTAIN LAND5 LOCATED WITHIN THE CITY TO BE KNOWN A5 "PROSPERITY CENTRE" WITH PERMITTED USE5 THEREOF TO BE A5 DESIGNED IN CG-1 GENERAL COMMERCIAL DISTRICT, 5AID LAND5 BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PAYMENT BY THE DEVELOPER THEREOF TO THE RECREATION BUILDING AND DEVELOP- MENT FUND ACCOUNT AND ROAD IMPROVEMENT FUND OF THE CITY AND METHOD OF PAYMENT; REQUIRING THAT THE LAND5 DESCRIBED IN EXHIBIT "A" 5HALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN PREPARED BY MUDANO A550CIATE5 ARCHITECTS, INC., DATED JULY 12, 1988, DRAWING NO. 88-02,CON- 5ISTING OF FOUR (4) SHEET5 ANO ATTACHED HERETO A5 EXHIBIT "A";PROVIDING THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT THAT DEVELOPER POST EITHER A PERFORMANCE BOND, LETTER OF CREDIT OR ESCROW AGREEMENT TO GUAR- ANTEE ALL ON-SITE ROAD IMPROVEMENTS, DRAINAGE AND UTILITY IMPROVEMENTS; PROVIDING FOR A METHOD OF APPROVAL OF 5IGNAGE; PROVIDING FOR UNITY OF TITLE; PROVIDING FOR METHOD OF AMENDMENT; PROVIDING THAT ANY ORDINANCE IN CONFLICT BE AND THE SAME I5 HEREBY REPEALED; AND, FURTHER, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section i. A Planned Unit Development be and the same is hereby created upon the land known as "PROSPERITY CENTRE" located within the City of Palm Beach Gardens, Florida, and more par- ticularly described in Exhibit "A" attached hereto and made a part hereof. The permitted usage shall be and the same is hereby designated as those uses set forth in CG-I General Commercial District, City of Palm Beach Gardens Code. The sale of alcoholic beverages, under a 5RX License or any subsequent designation, in the use of the premises is hereby approved. A variance to the distance requirements to the City of Palm Beach Gardens Code between premises upon which alcoholic beverages are sold is hereby granted. Section 2. Attached hereto and made a part hereof is a 5ire Plan and Landscape Plan, dated July 12, 1988, prepared by Mudano Associates Architects, Inc., Drawing No.88-02, consisting of six (6) sheets, and attached hereto as Exhibit "B". "PROSPERITY CENTRE" shall be developed in accordance wlth said plans. Further, requlred materials usage is attached as Exhibit "E". Section 5. The Petitioner shall pay to the City of Palm Beach Gardens, Florida, impact fees as hereinafter designated together with amounts of monles and time of payment. (a) Recreation Bulld~ng and Oevelopment Fund Account the total sum of $57,145.00.The method of payment of these monies shall be as follows: (1) The sum of $18,572.50 shall be due the time of hotel and/or associated retail buildinp #ermit shall be issued as shown on the planso (2) The sum of $18,572.50 shall be due and payable at the time of the issuance of the Certifi- cate of Occupancy for the hotel and/or associated retail. (b) Road Improvement Fund in the total sum $207,555°00.The method of payment of these monles shall be as follows: (i) The sum o£ $105,777.50 shall be due at the time the hotel and~or associated retail buidllng permit shall be issued as shown on the plans. (2) The sum of $105,777.50 shall be due and pay- able at the tlme of the issuance of the Certificate of Occupancy for the hotel and~or associated retail. Section 4. No Buildin9 Permit shall be issued until the drainage and pavln~ plans for development of the Planned Unit Development shall be approved by the City Enqineer and all other building requirements of the Palm Beach Gardens Code and require- ments of ether governmental agencies shall be met. 5ectlon 5. A performance bond, letter of credlt, or escrow agreement shall be posted with the Clty of Palm Beach Gardens in requisite form approved by the City Manager in the sum to be established as the sum of money necessary to evidence Petitioner’s pro-rata share to assure construction of on-site and off-site pavlng, -2- drainage and utility improvements pertaining to said Planned Unit Development (including Petitioner’s pro-rata share of PoG.A. Boulevard median improvements as shown on Exhibit "D" and improve- ments to Floral Lane), prior to the issuance of a Building Permit. Section 6. Signage, both t~mporary and permanent, and any amendments to the Landscape Plan approved hereby, in the event necessary, shall be reviewed and approved by the City Council by subsequent Resolution. The intervention or review of the Planning and Zoning Commission or the Site Plan Reivew Committee shall not be required, nor shall a public hearing or publication in a newspaper of general circulation be required prior to the adoption of such Resolution. Section 7. Petitioner, prior to the issuance of the hotel or retail space Building Permit, shall deliver to the City a Unity of Title in requisite form to be approved by the City Attorney, to the lands described in Exhibit "A"o Section 8. All phases of development in the newly created Planned Unit Development shall be completed within five (5) years from the effective date hereof, and the owner/developer may obtain extensions for good cause shown by approval of subsequent Ordinances. Section 9. All references to Petitioner and/or Developer, together with all requirements provided herein, shall apply to and be binding upon its successors and assigns. Section i0. The Prosperity Centre Planned Unit Development shall be subject to the restrictions set forth on Exhibit "C" attached hereto and incorporated herein. Section Ii. If any part or postion of this Ordinance are found to be void or defective, the remainder of the Ordinance shall not be affected. Section 12. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. -3- Section 13o This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS 15th DAY OF SEPTEMBER,1988. PLACED ON SECOND READING THIS JO~DAY OF PASSED AND ADOPTED THIS ~DAY OF VlCE-IIAYOR COUNCILWOMAN COUNCILMAN ATTEST : COUNCIL~N AP~OVED AS TO FORM AND LEGAL SUFFICIENCY CiTY ATTORNEy August 2, 1993 August 5, 1993 August 19,1993 September 1, 1993 RESOLUTION 90. 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 32, 1988, AND AS AMENDED BY APPROVING SIGNAGE FOR TENANTS & SITE: AND CHANGE IN COLORS OF BUILDINGS AND OTHER STRUCTURES; AND, FtNDlNG THAT AMENDMENTS ARE MINOR IN NATURE; AND PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Ordinance 32, 1988, and as amended, is hereby further amended to approve signage for tenants and site, and colors of structures in accordance with the plans and uniform signage criteria on file in the Planning and Zoning Department as follows: Ground Signs 1. 2. 3. 4. 1. 2. 3. 4. 5. July 14, 1993 ground sign elevation plan prepared by Signcraft. Consisting of 1 sheet. July 15, 1953 ground sign elevation plan prepared by Signcraft. Consisting of 1 sheet. Ground Sign Location Plan submitted by Jeff Lis on July 19, 1993. Consisting of 1 sheet. July 19, 1993 Sign Landscape Plan prepared by Blakely & Associates. Consisting of 1 sheet. Tenant Signage May 17,19113 office Depot signage plan by Peninsular Sign Co. Consisting of 1 sheet. February 15,1993 Sears Homelife signage plans by Bergrneyer. Consisting of 1 sheet. February 23, 1993 T.J. Maxx signage plans and north elevations by Catalfumo Companies Four sheets. Undated Bmes & Noble Signags plans by Craig Neon, lnc. Two sheets. Undated elevations with color chips submitted by Jeff Lis on July 19, 1993. Approved Colors White - Benjamin Moore #01 Beige - Benjamin Moore #lo68 Off-White- Benjamin Moore #72 A copy of the Uniform Sign Criteria for Tenants is attached hereto as Exhibit "A". A copy of the Sign Criteria for Sears Homelife is attached hereto as Exhibit "B". A copy of the Sign Criteria for Barnes 81 Noble is attached hereto as Exhibit "C". Section 2. The amendments contained herein are minor in nature and shall not require the intervention of the Planning and Zoning Commission and shall not require newspaper required publication of hearing hereon. Section 3. All Ordinances or Resolutions or parts thereof in conflict herewith are hereby repealed. Section 3. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS 1993 1 AlTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: NAY ABSENT - - u' MAYOR RUSSO - VICE MAYOR MONROE - COUNCILMAN JAB LI N - COUNCILWOMAN FURTADO - COUNCILMAN CLARK - / - - - - # v I/ - - - - - r/ EXHIBIT "A" UNIFORM SIGN CRITERIA ALL TENANT SIGNAGE PROSPERITY CENTRE Location of Signage Signage locations for the major tenants in the center, I e Sears Homelife, Office Depot, T J Maxx and Barnes and Noble shall be consistent with the legend on Signcraft Drawing #2936, with the exception that Barnes and Noble will be permitted a third sign on the west elevation of their building Local Retail Tenant signage, i.e Prezzo, Texarado Steakhouse, Prosperity Cleaners. Remax Real Estate, etc shall be located on the front (north) facade of Retail Building "A"( and in the case of Prezzo the north and west facade with a west entrance into the Prezzo space) of Retail Building "A" as depicted on Drawing #2936 Size of Tenant's Sign - All tenant signs shall meet the sign code requirenicnts of the City of Palm Beach Gardens as to overall size vs height and length of building facade See item #9 below for size requirements for all tenant signs except Sears. TJ Maxx, Office Depot and Barnes and Noble The size of signs for Sears, TJ Maxx, Ofice Depot and Barnes and Noble appear on the sign specification drawings and specifications attached hereto Drawings - All proposed signs must be submitted to Prosperity One, Inc managing general partner for Prosperity Center Associates, Ltd for approval prior to submittal to the City of Palm Beach Gardens for sign permits Type of Sign - All Tenant's sign(s) except Sears Homelife and Barnes and Noble (see attached sign specifications for Sears and Barnes and Noble) shall consist of Translucent #2283 Red Channel Lettering with the following specifications 0 187 Acrylic(Plexig1as) #2283 Translucent Red Faces 0 40 Baked Aluminum Letter with 0 40 Aluminum letter backing Letter walls to be Centari(or equal) Automotive Finish to match Benjamin Moore #lo68 paint color on building walls Letter interiors to be painted white White Jewelite Trim for Retaining Acrylic Faces 15 mm. 30 MA Clear Red Neon Tubing (for illumination) All wiring and ballasts to be hidden from view with transformers behind facade wall, with covered enclosure painted the same color as the building wall No raceways permitted on signs Letter style for all tenants except Sears, TJ Maxx, Barnes and Noble and Office Depot shall be one line of 18" Helvetica Lettering, or two lines of 12" Helvetica Lettering Sears, TJ Maxu, Office Depot and Barnes and Noble will be permitted to use individual distinctive "logo" style lettering as shown on the attached specifications -c '4 EXH I BI T "B 'I Sears Homelife Location of Signage - Sears signage locations shall be on the north and west elevations of the building The north elevation faces PGA Blvd. and west elevation has entry doorway for the store. Size of Tenant's Sign - All tenant signs shall meet the sign code requirements of the City of Palm Beach Gardens as to overall size vs height and length of building facade. Drawings - All proposed signs must be submitted to Prosperity One, Inc managing general partner for Prosperity Center Associates, Ltd for approval prior to submittal to the City of Palm Beach Gardens for sign permits. Type of Sign - To be Translucent White Channel Lettering with the following specifications: 1). 2) 3). 5). 6). 7). 8). 9). 0.187 Acrylic(P1exiglas) Translucent White Faces 0 40 Baked Aluminum Letter with 0 40 Aluminum letter backing Letter walls to be Centari(or equal) Automotive Finish (White) White Jewelite Trim for Retaining Acrylic Faces 15 mrn. 30 MA Clear White Neon Tubing (for illumination) All wiring and ballasts to be hidden from view with transformers behind facade wall, with covered enclosure painted the same color as the building wall. No raceways permitted on signs Letter style to be as shown on attached drawings U / EXH IBI T "C I' Barnes and Noble Location of Signage - Barnes and Noble is requesting sign locations on their north (PGA Blvd.), east (entryway doors), and west (Prosperity Farms Road) elevations Size of Tenant's Sign - All tenant signs shall meet the sign code requirements of the City of Palm Beach Gardens as to overall size vs. height and length of building facade Drawings - All proposed signs must be submitted to Prosperity One, Inc. managing general partner for Prosperity Center Associates, Ltd. for approval prior to submittal to the City of Palm Beach Gardens for sign permits. Type of Sign - To be Translucent White Channel Lettering with the following specifications: 1). 2). 3). 5) 6). 7). 8). 9). 0.187 Acrylic(P1exiglas) Translucent White Faces 0 40 Baked AIuminum Letter with 0.40 Aluminum letter backing Letter walls to be Centari(or equal) Automotive Finish (Wlzlte) Green Jewelite Trim for Retaining Acrylic Faces 15 mm. 30 MA Clear White Neon Tubing (for illumination) All wiring and ballasts to be hidden from view with transformers behind facade wall, with covered enclosure painted the same color as the building wall No raceways permitted on signs Letter style to be as shown on attached drawings --. . .. ii ‘! 1 i .J, I 4 r’ I ;i I i I I‘ I :I I jh T Real Estate Site Survey 03/23/06 P cvs SOUTHEAST CORNER OF PGA BLVD. & PROSPERITY FARMS ROAD PALM BEACH GARDENS, FL 4 12 PREPARED BY I Ill A"' 111 I BELL SIGNS, INC. ELL AVE.. PANAMA CITY FL 32401 PHONE: 850.763.7982 FAX: 850.872.8584 cn- 7 W QL n I u QC t e - j: J f 1 3J I--!- rn! 0 r? I I tbi ..- ...; - -- -. .. ' - .. :..-:.-- - ,. , ,. -, ,- . , , . - ; :.. - . ,. 2 a z 3 .. z - 1 \~ I- -- ." 'I -0- . ... . " I - .: ,. ,- .. I v)" x 4 E T f F m 0 I 0 Date Prepared: February 16, 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 23,2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE SIGNAGE CRITERIA AND DESIGN GUIDELINES FOR THE OUTPARCEL BUILDING BY ALLOWING FEDERALLY REGISTERED TENANTS TO UTILIZE THEIR CORPORATE COLORS AND LOGO FOR PROSPERITY CENTRE PLANNED UNIT DEVELOPMENT (PUD), GENERALLY BOUNDED BY PGA BOULEVARD TO THE NORTH, PROSPERITY FARMS ROAD TO THE WEST, AND KlDD LANE TO THE EAST, AS DESCRIBED MORE PARTICULARLY HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 20, 1988, the City Council adopted Ordinance 32, 1988, thereby approving the master site plan for the Prosperity Centre Planned Unit Development (PUD); and WHEREAS, on December 7, 1989, the City Council adopted Ordinance 32, 1989, thereby amending the master site plan by deleting the use of a hotel complex, and in lieu thereof, permitting office and retail use; and WHEREAS, on April 5, 1990, the City Council adopted Resolutions 41, 42 and 43, 1990, which approved a minor site plan amendment to the restaurant out parcel for modifications to the design and colors of the building; and WHEREAS, on April 16, 1992, the City Council adopted Resolution 35, 1992, thereby amending the master site plan by deleting the restaurant use located on the out parcel and approved modifications to landscape and lighting plans for the site; and WHEREAS, on May 21 , 1992, the City Council approved the transference of the master site plan and conditions of approval, previously approved by Ordinance 32, 1988, to Resolution 43, 1992; and WHEREAS, on May 6, 1993, the City Council adopted Resolution 50, 1993, which approved the art in public places for the site; and WHEREAS, on September 2, 1993, the City Council adopted Resolution 90, 1993, which approved the signage and design guidelines for tenants located within the shopping plaza and the out parcel building; and WHEREAS, the City has received a request (MISC-07-12-000038) from Mr. Larry Presley of Bell Sign, on behalf of Equity One, Inc., to amend the Prosperity Centre PUD to allow for modifications to the tenant signage and design guidelines contained in Resolution 90, 1993, to remove the requirements that all tenant signage consist of the color white; and Date Prepared: February 16, 2008 Resolution 23, 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 WHEREAS, the subject site is zoned General Commercial-I Planned Unit Development (CG-1/PUD) and has a future land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed the application and has determined that it is sufficient; and WHEREAS, the Planning, Zoning, and Appeals Board reviewed the petition at its February 26, 2008, meeting and recommended its approval by a vote of 7-0; 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 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 miscellaneous application from Bell Sign, on behalf of Equity One Inc., for the Prosperity Centre PUD is hereby APPROVED on the following described real property: LEGAL DESCRIPTION: A PARCEL OF LAND IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER WAY OF PGA BOULEVARD AS NOW LAID OUT AND IN USE); THENCE RUN SOUTH 88’27’06” EAST ALONG THE CENTERLINE OF SAID PGA BOULEVARD AND EASTNVEST QUARTER SECTION LINE OF SAID SECTION 5, A DISTANCE OF 119.26 FEET TO A POINT BEING THE NORTHERLY EXTENSION OF THE OUT AND IN USE; THENCE RUN SOUTH 01’30’59” WEST A DISTANCE OF 60.04 FARMS ROAD, THENCE CONTINUE SOUTH 01’30’59” WEST ALONG THE DISTANCE OF 307.32 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND. OF SECTION 5 (SAID CORNER BEING IN THE CENTERLINE OF THE RIGHT-OF- EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS NOW LAID FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID PROSPERITY EASTERLY RIGHT-OF-WAY LINE OF SAID PROSPERITY FARMS ROAD; A 2 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: February 16, 2008 Resolution 23, 2008 FROM SAID POINT OF BEGINNING THENCE CONTINUE SOUTH 01”30’59” WEST, A DISTANCE OF 197.56 FEET TO THE NORTH LINE OF THE SOUTH 105.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 88”21’59” EAST, ALONG SAID NORTH LINE, A DISTANCE OF 266.55 FEET TO A POINT; THENCE SOUTH 01”38’01’J WEST, DEPARTING FROM SAID NORTH LINE A DISTANCE OF 105.03 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 88”21’59” EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 186.40 FEET TO A POINT; THENCE SOUTH OO”40’46” WEST, A DISTANCE OF 102.24 FEET TO A POINT; THENCE SOUTH 88”20’42” EAST, A DISTANCE OF 84.00 FEET TO A POINT; THENCE NORTH OO”40’46” EAST, A DISTANCE OF 102.27 FEET TO THE NORTHEAST CORNER OF A PLAT OF SURVEY RECORDED IN PLAT BOOK 24, PAGE 87, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88”21’59” EAST, ALONG THE NORTH LINE OF LOTS 9 AND 10 AND THE WESTERLY PROLONGATION THEREOF, ACCORDING TO THE PLAT OF PIRATES COVE, AS RECORDED IN PLAT BOOK 25, PAGE 197, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 327.63 FEET TO THE CORNER OF SAID LOT (AND THE SOUTHWEST CORNER OF LOT 11, ACCORDING TO SAID PLAT OF PIRATES COVE; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, BEING THE RADIUS OF 194.22 FEET, A RADIAL BEARING AT THIS POINT OF SOUTH 76”57’51” EAST, THROUGH A CENTRAL ANGLE OF 26”10’21” AN ARC DISTANCE OF 88.72 FEET TO THE TERMINUS OF SAID CURVE; THENCE NORTH 88”27’06” WEST, 11, A DISTANCE OF 38.16 FEET TO A POINT 80.00 FEET NORTHERLY ALONG SAID WEST LINE FROM THE SOUTHERLY CORNER OF LOT 11; THENCE NORTH OO”24’48” EAST, ALONG THE WEST LINE OF LOTS 11 THROUGH 13, ACCORDING TO SAID PLAT OF PIRATES COVE, A DISTANCE OF 306.37 FEET TO THE SOUTH LINE OF LOT 14; THENCE SOUTH 88”27’06” EAST ALONG THE SOUTH LINE OF LINE OF KlDD LANE, ACCORDING TO SAID PLAT OF PIRATES COVE; THENCE 170.00 FEET TO THE SOUTH LINE OF SAID LOT 16; THENCE NORTH 88’27’06 WEST ALONG SAID SOUTH LINE, A DISTANCE OF 112.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16; THENCE NORTH OO”24’48” EAST, ALONG SAID WEST LINE OF LOT 16, A DISTANCE OF 72.05 FEET TO THE SOUTHERLY 5, PAGE 189, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 11,513.16 FEET AND A CENTRAL ANGLE OF 01”08’19; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 228.80 FEET TO WESTERLY RIGHT-OF-WAY LINE OF WEST TEACH ROAD, THE NORTHEAST WESTERLY RIGHT-OF-WAY LINE OF SAID WEST TEACH ROAD, HAVING A ALONG A NON-TANGENT LINE PARALLEL WITH THE NORTH LINE OF SAID LOT SAID LOT 14, A DISTANCE OF 112.00 FEET TO THE WESTERLY RIGHT-OF-WAY NORTH OO”24’48” EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF RIGHT-OF-WAY LINE OF PGA BOULEVARD AS RECORDED IN ROAD PLAT BOOK NORTH 89”57’13” WEST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 423.64 THE TERMINUS OF SAID CURVE; THENCE DEPARTING FROM SAID RIGHT-OF- 3 Date Prepared: February 16, 2008 Resolution 23, 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 WAY LINE ALONG A NON-TANGENT LINE, SOUTH 01”30’59” WEST, A DISTANCE OF 182.19 FEET TO A POINT; THENCE NORTH 88”27’06” WEST A DISTANCE OF 195.00 FEET TO A POINT; THENCE SOUTH OI”30’59” WEST, A DISTANCE OF 35.94 FEET TO A POINT; THENCE SOUTH 04”38’46” WEST A DISTANCE OF 91.58 AND THE POINT OF BEGINNING. FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THE NORTH 15 FEET OF THE PLAT OF PROSPERITY GARDENS, SHOWN THEREON AS FLORAL LANE, AS RECORDED IN PLAT BOOK 52, PAGES 94 AND 95, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND AS DESCRIBED IN OFFICIAL RECORDS BOOK 7670, PAGES 1370 THROUGH 1373, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PARCELS OF LAND: PARCEL 103 (OFFICIAL RECORDS BOOK9215 PAGE 1610) A CERTAIN PARCEL OF LAND IN THE NORTHWEST ONE QUARTER (NW %) OF THE SOUTHEAST ONE QUARTER (SE %) OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 240.00 FEET SOUTHERLY AT, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID SOUTHEAST ONE QUARTER (SE %) OF SECTION 5 WITH A LINE PARALLEL WITH AND 195.02 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD ACCORDING TO THE PALM BEACH COUNTY RIGHT-OF-WAY MAP, DRAWING NO. 86155; RUN THENCE NORTH 01”05’19” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH OI”05’19” EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 12.23 FEET TO A POINT IN THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 94) ACCORDING TO ROAD PLAT BOOK 5, PAGES 186-190 OF THE PALM BEACH COUNTY PUBLIC RECORDS, SAID POINT BEING IN THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 11,513.16 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 00”44’53’’, AN ARC DISTANCE OF 150.32 FEET TO A LINE PARALLEL WITH AND 345.32 FEET EASTERLY OF, AS WAY LINE OF PROSPERITY FARMS ROAD; THENCE SOUTH OI”05’19” WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 13.86 FEET TO THE PROPOSED STATE ROAD 74); THENCE SOUTH 88”12’31” WEST ALONG SAID PROPOSED MEASURED AT RIGHT ANGLES TO, THE SAID PROPOSED EASTERLY RIGHT-OF- RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 786, FORMERLY RIGHT-OF-WAY LINE A DISTANCE OF 5.01 FEET: THENCE NORTH 88”53’40” 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: February 16, 2008 Resolution 23, 2008 WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 144.30 FEET TO THE POINT OF BEGINNING. PARCEL 104 (OFFICIAL RECORDS BOOK9215, PAGE 1753) A CERTAIN PARCEL OF LAND IN THE NORTHWEST ONE QUARTER (NW %) OF THE SOUTHEAST ONE QUARTER (SE %) OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF A LINE PARALLEL WITH AND 240.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF THE SAID SOUTHEAST ONE QUARTER (SE %) OF SECTION 5, WITH A LINE PARALLEL WITH AND 345.32 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD ACCORDING TO THE PALM BEACH COUNTY RIGHT-OF-WAY MAP, DRAWING NO. 86165; RUN THENCE NORTH 01”05’19 EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 170.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 01 “05’19’’ EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 13.86 FEET TO A POINT IN THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF PGA BOULEVARD (STATE ROAD 74) ACCORDING TO ROAD PLAT BOOK 5, PAGES 186-190 OF THE PALM BEACH COUNTY PUBLIC RECORDS, SAID POINT BEING IN THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 11,513.16 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 0’00’15” WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, SUBTENDED BY A CENTRAL ANGLE OF 0’23’32”, AN ARC DISTANCE OF 78.81 FEET TO THE END OF SAID LINE AND TANGENT TO SAID CURVE, A DISTANCE OF 423.76 FEET TO THE WESTERLY LINE OF PIRATES COVE ACCORDING TO PLAT BOOK 25, PAGE 197 OF THE PALM BEACH COUNTY PUBLIC RECORDS; THENCE SOUTH OO”O1’42” EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 133 FEET; THENCE SOUTH BOULEVARD (STATE ROAD 786, FORMERLY KNOWN AS STATE ROAD 74), A DISTANCE OF 503.10 FEET TO THE POINT OF BEGINNING. CURVE; THENCE NORTH 89’36’1 3” EAST ALONG SAID EXISTING RIGHT-OF-WAY 88’12’31” WEST ALONG THE PROPOSED RIGHT-OF-WAY LINE OF PGA 1. Tenants located in the out parcel building shall be permitted to utilize their corporate colors and logo, providing the colors and logo are registered through the United States Patent and Trademark Office. Tenants that are not federally registered shall utilize the color red for flat/wall signs. (Planning & Zoning) 2. The Applicant shall paint the fascia consistent with the color of the surface to which the signs are attached. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 16, 2008 Resolution 23, 2008 SECTION 3. This approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. CVS Signage Graphics, 4 Sheets, by Bell Signs, Inc., drawn February 21, 2007, and revised March 6, 2007. SECTION 4. This approval shall be consistent with all representations made by the Applicant or Applicant’s agents at any workshop or public hearing. SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 6 Date Prepared: February 16, 2008 Resolution 23, 2008 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: Mayor 9 10 ATTEST: 11 12 13 BY: 14 15 16 17 18 LEGAL SUFFICIENCY 19 20 Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND BY: Christine P. Tatum, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\prosperity centre signage - reso 23 2008.docx 7 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorand urn Date Prepared: February 27,2008 Meeting Date: March 20, 2008 Ordinance: 6, 2008 SubjectlAgenda Item: Ordinance 6, 2008, amending the City of Palm Beach Gardens General Employees’ Pension Plan [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Department Director City Manager Originating Dept.: Advertised: [X ] Not Required Affected parties wotified [ I Not required costs: $ 0 (Total) u Current FY Funding Source: [XI Operating [ ]Other N/A Budget Acct.#: N/A ~~ Council Action: [ ] Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 6, 2008 Actuarial impact statement dated 2/29/08 [ ]None Date Prepared: February 27,2008 Meeting Date: March 20,2008 Ordinance: 6, 2008 BACKGROUND: The City of Palm Beach Gardens currently maintains a defined benefit pension plan for certain general employees. This plan was closed in 1995 to all general employees hired after May 1, 1995. There are currently two active participants remaining in this plan, with 16 vested/terminated participants. Currently, the board shall be composed of two residents, two members of the plan, and one member chosen by a majority of the previous four trustees. Due to the dwindling number of active participants, it has become increasingly difficult to meet the requirement to have two members of the plan serve as trustees. Therefore, the plan’s attorney is recommending changes to the composition of the board that will facilitate the replacement of vacancies as they occur. In addition, since this is a closed plan that will not grow in size, but will continue to incur administrative expenses, e.g., legal, actuarial, investment management, and investment monitoring, the administration of the plan becomes increasingly less cost efficient as time goes on. Therefore, in order to improve the cost effectiveness of meeting the benefits that have been earned to date, staff is recommending that meetings of the board be held every six months, as opposed to quarterly. This will help reduce the administrative time and expense incurred in overseeing the plan. The above changes are summarized as follows: 0 Sec. 3-128. Board of trustees. The board shall consist of five trustees, &-e three of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the city council, and -of whom shall be a members of the system, w-Iw+kA !x de&e&by 9 a retiree or, if a member or retiree is unwilling or unable to serve, a legal resident of the city, who shall also be appointed by the city council. The fifth trustee shall be chosen by a majority of the previous four trustees as provided for herein, and such person’s name shall be submitted to the city council. Upon receipt of the fifth person’s name, the city council shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four trustees appointed w-de&ed as herein provided and shall serve a three-year term unless he sooner vacates the office. Each e&k& appointed trustee shall serve as trustee for a period of three years, unless he sooner vacates the office or is sooner replaced by the .. m I I” city council at whose pleasure he shall serve. 7 Each trustee may The board shall .. succeed himself in office. meet at least qua#et+ semi-annuallv each year. .. 0 MISCIOTHER: N/A 0 STAFF RECOMMENDATIONS: Staff recommends a motion to approve Ordinance 6, 2008, on first reading. 02/29/2008 16:24 FAX 786 331 8394 001 Foster& C. Actuarial Consultants for Public Pension Plans February 29,2008 Ms. Sarah Varga City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 3341 0 Re: Dear Sarah: City of Palm Beach Gardens General Employees’ Pension Plan (DB) In response to your email dated February 28, 2008, we have reviewed the proposed Ordinance (identified on page 2 as G:\attoney-share\ORDI NANCES\ General Employee Pension amendment - ord 6 2008.doc) amending the plan and have determined that its adoption will have no impact on the assumptions used in determining the funding requirements of the program. Because the changes do not result in a change in the valuation results, it is our opinion that a formal Actuarial Impact Statement is not required in support of its adoption. However, since the Division of Retirement must be aware of the current provisions of all public pension programs, it is recommended that you send a copy of this letter and a copy of the fully executed Ordinance to the following office: Mr. Charles Slavin Bureau of Local Retirement Systems Division of Retirement P. 0. Box 9000 Tallahassee, FL 3231 5-9000 If you have any questions, please let me know. Si erely, && Bra&y&. Heinrichs, F.S.A., E.A., M.A.A.A. BRH/kst cc: Scott R. Christiansen, Board Attorney 6290 Corporate Court, C-201 Fort Myers, Florida 33919 239-433-5500 Fax 239-481 -0634 0 www.foster-foster.com Date Prepared: February 21, 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 48 49 50 ORDINANCE 6,2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE GENERAL OF ORDINANCES ENTITLED “BOARD OF TRUSTEES”; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. EMPLOYEES’ PENSION PLAN (DB); AMENDING SECTION 3-128, CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. Section 3-128, Code of Ordinances, entitled “Board of trustees”, is ; new language is hereby amended to read as follows (deleted language is underlined): Sec. 3-128. Board of trustees. (a) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this article are hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five trustees, Iwe three of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the city council, and Iwe =of whom shall be 3 members of the system, wh+ha+l bc Xcs vh-ae memkwsee a retiree or, if a member or retiree is unwilling or unable to serve, a legal resident of the citv, who shall also be appointed bv the citv council. The fifth trustee shall be chosen by a majority of the previous four trustees as provided for herein, and such person’s name shall be submitted to the city council. Upon receipt of the fifth person’s name, the city council shall, as a ministerial duty, appoint such person to the board as its fifth trustee. The fifth trustee shall have the same rights as each of the other four trustees appointed w e+e&ed as herein provided and shall serve a three-year term unless he sooner vacates the office. Each festde& appointed trustee shall serve as trustee for a period of three years, unless he sooner vacates the office or is sooner replaced by the city council at whose pleasure he shall serve. 4 .. Each trustee may succeed himself in office. rl ci-r .. thn n rn ekttw- The board shall meet at least qttaddy semi-annuallv each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. Date Prepared: February 21, 2008 Ordinance 6, 2008 1 2 3 4 5 6 PASSED this day of I 2008, upon first reading. 7 8 PASSED AND ADOPTED this day of l 2008, upon second SECTION 2. Codification of this Ordinance is hereby authorized and directed. SECTION 3. This Ordinance shall become effective immediately upon adoption. 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 and final reading. CITY OF PALM BEACH GARDENS BY: Mayor Vice Mayor Councilmember Councilmember Council mem ber ATTEST: BY: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT 48 G:\attorney-share\ORDlNANCES\General Employee Pension amendment - ord 6 2008.doc 2 City of Palm Beach Gardens Council Agenda March 20,2008 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Levy Council Member CITY COUNCIL MEETING 03/20/08 PROPOSED ADDITIONS, DELETIOlVS AND MODIFICATIONS ADDITIONS: NONE DELETIONS: Under PUBLIC HEARINGS Part I - Quasi-iudicial Resolution 22,2008 Development Order Amendment for Donald Ross Village Planned Unit Development (PUD), The Agent for Donald Ross/Military L.C. has requested a continuance of Resolution 22, 2008 for 30 days and has asked it be placed onto the April 17th City Council agenda. A copy of the letter fiom Urban Design Studio has been provided for each member of Council. M 0 DI FIC AT IONS : Under ORDINANCES: (For Consideration on First Reading) Ordinance 6,2008 - General Employees’ Pension Plan. Page 1 of the staff report should read: Recommendation-to Approve The agenda has been updated on the laptop and a copy of the corrected staff report has been provided for each member of Council. L II. III. P-i” S--0 Iv. A- o\( !@ ,I CITY OF PALM BEACH GARDENS COUNCIL AGENDA March 20,2008 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ELECTION: a. {Staff Re~ort on Pwe 5, Resolution on Page 7 1 Resolution 24,2008 - Declaring results of the Municipal Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the General Election held on March 1 1,2008; and providing an effective date. b. REORGANIZATION: 1. 2. 3. 4 I Administer Oath of Ofice. Appointment of a Temporary Chairman to appoint Mayor. Appointment of Mayor. - 6ri L TW& Appointment of Vice Mayor. DV~A bJ /Staff Report on Page 10, Reslolrition on Page 12) Resolution 25, 2008 - Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for the City; and providing an effective date, JPrtge 14) Appointment of Council to External Boards. JPaPe 141 Appointment of Council to Internal Boards. 5. 6. ADDITIONS, DELETIONS, MODIFICATIONS: VI VIL vm. M. X. XI. ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, Dlease submit reauest form to the Citv Clerk Drior to this Item) CONSENT AGENDA: a. b. C. jPaee 17) Approve Minutes from January 17,2008 regular City Council meeting. /Page 22) Approve Minutes fiom February 7,2008 regular City Council meeting. ( gg""'iApprove Minutes from February 2 1 , 2008 regular City Council d. JPaPe 38) Quarterly Financial Report. PUBLIC HEARINGS: Part I - Quasi-iudicial (Staff Report on Page 76, Rcwdution on Page 137) RCWIULIUEI LI, LWO - Mirasol Walk PUD Drugstore. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Mirasol Walk Planned Unit Development (PUD), located at the Northwest corner of the Ronald Reagan Turnpike and PGA Boulevard, to allow the development of a 14,820-square-foot drugstore with two drive-thru lanes on two outparcels comprising 2.76 acres, as described more particularly herein; providing waivers; providing conditions of approval; and providing an effective date. Staff Report on ee 149, F DIU" I (1 '#igt' I 1 Kesomtion LL, LUULI bevelopment &del mendment. A RE;wlution of the City Council of the City 01 balm Beach Gardens, Florida amending the development order for Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein, to eliminate certain conditions of approval related to the provision of shared parking; providing conditions of approval; providing waivers; and providing an effective date. -- b. lop U?JDL @A 5-0 't on P 192, CIILI Kesolution 23, zww - c v s Resohmon of the ~iry ~ouncii of the City of Palm Beach uiu*dens, Florida amending the signage criteria and design guidelines for the outparcel building by allowing federally registered tenants to utilize their corporate colors and logo for Prosperity Centre Planned Unit Development (PUD), generally bounded by PGA Boulevard to the North, Prosperity Farms Road to the West, and Kidd Lane to the East, as described more particularly herein; and providing an effective date. -. soIi1tia = Part I1 - Non-Quasi-iudicial XII. RESOLUTIONS: XIU. ORDINANCES: (For Consideration on First Reading) [Staff Report on Page 225, Qginance on Pace 229) Ordinance 6, 20081 - General Employees’ Pension Plan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the General Employees’ Pension Plan (DB); amending Section 3- 128, Code of Ordinances entitled “Board of Trustees’’; providing for codification; and providing an effective date. XIV. ITEMS FOR COUNCIL ACTIONLDISCUSSION: XV. CITY ATTORNEY REPORT XVI. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision ntade 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 accontmodations in order to participade in this proceeding are entitled to thepmvision of certain assistance at no cost be call the City Clerk’s office at 561-799-4122 no latet than 5 hys prior to the hearing if this assisfanee is required For hearing impaired assistance, please call the Florih 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 March 20,2008 Et v i Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Mayor Russo Vice Mayor Levy Council Member J Qw~ Council Member VS-r-Kku Council Member 13 WP~ I. 11. 111. 5- IV. 4- 1 44 CITY OF PALM BEACH GARDENS COUNCIL AGENDA March 20,2008 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ELECTION: a. esolution 24,2008 - Declaring results of the Municipal Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the General Election held on March 1 1,2008; and providing an effective date. b. Administer Oath of Office. REORGANIZATION: 1. Appointment of a Temporary Chairman to appoint Mayor. JOU ROJ36 2. Appointment of Mayor. gxK Ju)LKf@ 3. Appointment of Vice Mayor. 3> w1 0 L wy 4. JStaff ReDort on Page 10. Resolution on Page 121 Resolution 25, 2008 - Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for the City; and providing an effective date. -{Paye 141 Appointment of Council to External Boards. 6\ JPaee 141 Appointment of Council to Internal Boards. ADDITIONS, DELETIONS, MODIFICATIONS: PpJl FJ@ J -0 V. VI ANNOUNCEMENTS / PRESENTATIONS: VII. VIII. CITY MANAGER REPORT: ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: X. XI. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. b. c. gane XRApprove Minutes from January 17,2008 regular City Council meeting. -Approve Minutes from February 7,2008 regular City Council meeting. @me 291 Approve Minutes from February 2 1,2008 regular City Council meeting. d. jPmaQuarterly Financial Report. NCS: a. b. 54 ttn Pace 76. mn on P aEe Resolution 21, 2008 - Mirasol Walk PUD Drugstore. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the Mirasol Walk Planned Unit Development (PUD), located at the Northwest comer of the Ronald Reagan Turnpike and PGA Boulevard, to allow the development of a 14,820-square-foot drugstore with two drive-thru lanes on two outparcels comprising 2.76 acres, as described more particularly herein; providing waivers; providing conditions of approval; and providing an effective date. rt .9n Frrmcc 149, R 9l.I Pane 1 ?n Resolution 22, 2008 - Development Order Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the development order for Donald Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the North, Central Boulevard to the West, and Military Trail to the East, as more particularly described herein, to eliminate certain conditions of approval related to the provision of shared parking; providing conditions of approval; providing waivers; and providing an effective date. rt 0- 1WOn.Qn Pam 218) Resolution 23,2008 - CVS Prosperity Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the signage criteria and design guidelines for the outparcel building by allowing federally registered tenants to utilize their corporate colors and logo for Prosperity Centre Planned Unit Development (PUD), generally bounded by PGA Boulevard to the North, Prosperity Farms Road to the West, and Kidd Lane to the East, as described more particularly herein; and providing an effective date. XII. RESOLUTIONS: XIII. ORDINANCES: (For Consideration on First Reading) g:56 a* Re on Urdln aqce QU Pan e 2291 Ordinance 6, 2008 - Ed ESePlan. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the General Employees’ Pension Plan (DB); amending Section 3-128, Code of Ordinances entitled “Board of Trustees”; providing for codification; and providing an effective date. S-0 XIV. ITEMS FOR COUNCIL ACTION/DISCUSSION: 49 XV. CITY ATTORNEY REPORT: XVI. 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 interestedpersons 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. 9: 03 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. Please Name: COMMENTS FROM THE PUBLIC Request to Address City Council Address: d E&A City: 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. Please Name: COMMENTS FROM THE PUBLIC Request to Address City Council Print kne Address: cs +&\ P. City: TEG \ Subject: L ;.)&I 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 Please Print /7 Address: flF/,&/ /- City: Subject: nr 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 Name: Prinr 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 I Address: 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. Please Name: COMMENTS FROM THE PUBLIC Request to Address City Council 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. Please Print COMMENTS FROM THE PUBLIC Request to Address City Council --- Subject: 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. “4 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. Please Print 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, 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. a 1 L \4 \* I e 1 CITY COUNCIL MEETTNG 03/20/08 PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS ADDITIONS: DELETIONS: MODIFICATIONS: NONE Under PUBLIC HEARINGS Part I - Quasi-judicial Resolution 22,2008 Development Order Amendment for Donald Ross Village Planned Unit Development (PUD), The Agent for Donald RossMlitary L.C. has requested a continuance of Resolution 22, 2008 for 30 days and has asked it be placed onto the April 17* City Council agenda. A COPY of the letter from Urban Design Studio has been provided for each member of Council. Under ORDINANCES: (For Consideration on First Reading) Ordinance 6,2008 - General Employees’ Pension Plan. Page 1 of the staff report should read: Recommendation-to Approve The agenda has been updated on the laptop and a copy of the corrected staff report has been provided for each member of Council. March 18,2008 Ms. Kara Irwin, AICP Growth Management Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 urban Urban Design Urban Planning Land Planning La~peArchirel RE: =QUE$" JWR CONTINUANCE OF DONALD ROSS VILLAGE PUD AMENDMIDIT PUBLIC HEARING FOR 30 DAYS UNTIL APRIL 1p CITY C0UNCILMEE"XNG Dear Ms. Irwin: Please accept this request to continue the March 20,2008 scheduled City Council Public Hearing for the Donald Ross Village PUD Amendment to Eliminate the Shared Parking Provisions for 30 days until the April 17,2008 City Council meeting. In light of the recent issue regarding the distribution of uses within the existing mixed use project, we would like to take this time to work out an equitable solution to this issue. Thank you for your time and attention to this matter. Should you have any questions or comments, please feel fiee to contact me at any time. Sincerely, Urban Design Studio Marty R.A. Minor, AICP Senior Project Manager c: PeterBrock 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1 100 www.UDSonline.com LCC35 561.366.1 11 1 fax CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 27, 2008 Meeting Date: March 20,2008 Ordinance: 6, 2008 SubjectlAgenda Item: Ordinance 6, 2008, amending the City of Palm Beach Gardens General Employees’ Pension Plan [ X ] Recommendation to APPROVE [I Recommendation to DENY Reviewed by: City Attorney / Department Director City Manager Originating Dept.: _---- Advertised: [X ] Not Required Affected parties Lwotified [ ] Not required costs: $ 0 (Total) LA Current FY Funding Source: [XI Operating [ ]Other N/A Budget Acct .#: N/A Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 6, 2008 0 Actuarial impact statement dated 2/29/08 [ ]None cc 5 CD CI r cc 0 e a 3 K 0 3 cc 1 = 0 a 1 CD Y 3 s g Y m n Y 3 E* 7 0 m CD W P P s. 0 3 cl 0 5 CD 0 e 3 c, L. 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L. cc s March 20,2008 OATH OF OFFICE I, Jody Barnett, do solemnly swear that I will support, protect and defend the Constitution and government of the United States and of the State of Florida against all enemies. domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and that I am entitled to hold office under the Constitution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Council Member of the City of Palm Beach Gardens, Florida., upon which I am about to enter, so help me God. / Ad ATTEST: c’ PAT~UCIA SNIDER, CMC, CITY CLERK March 20,2008 OATH OF OFFICE I, Eric Jablin, do solemnly swear that I will support, protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and that I am entitled to hold office under the Constitution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Council Member of the City of Palm Beach Gardens, Florida, upon which I am abo ATTEST: \ PATRICIA SNIDER, CMC, CITY CLERK March 20,2008 OATH OF OFFICE I, Robert Premuroso, do solemnly swear that I will support, protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and that I am entitled to hold office under the Constitution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Council Member of the City of Palm Beach Gardens, Florida, upon which I am about to enter, so help me God. --- COUNCIL MEMBER ATTEST: ~ // 2s PATRICIA SNIDER, CMC, CITY CLERK The Economic Impact of Scripps Florida on Florida’s Economy October l9 2006 - September 30,2007 Prepared by Enterprise Florida for the Scripps Florida Funding Corporation November 2007 Prepared by Enterprise Florida’s Marketing & Strategic Intelligence Division for the Scripps Florida Funding Corporation in Orlando, Florida, November 2007 Copyright 0 2007 Enterprise Florida. All Rights Reserved. The content of this report may not be redistributed, abridged, edited, or altered in any way without the express consent of Enterprise Florida, Inc. The Economic Impact of Scripps Florida On Florida’s Economy October 1 2006 - September 30,2007 In trod uct i on This analysis is designed to address Section E of the 2007 Scripps Florida Funding Corporation Annual Report to the Florida Legislature: Objective: Estimate the economic impact of activities of Scripps Florida (TSRI) during its fourth fiscal year of operation, covering the period from October I, 2006, to September 30,2007. Just like the analyses carried out the previous three fiscal years, this year’s analysis was conducted by Enterprise Florida staff at the request of the Scripps Florida Funding Corporation (SFFC). It is based on data provided to Enterprise Florida by the Scripps Florida Funding Corporation, using the industry standard IMPLAN economic impact model. The objective of this economic impact analysis of Scripps’ presence in Florida has been to quantify those economic benefits that have actually accrued during the fourth full fiscal year of Scripps’ operation in the state, based upon expenditures by Scripps Florida or its partners on Scripps’ behalf (Florida Atlantic University, Palm Beach County, and the State of Florida). The analysis does not attempt to project future streams of benefits that might be expected as the Scripps facility in Palm Beach County draws closer to full build out, nor can it measure any non-quantifiable benefits that might accrue as a result of Florida’s enhanced global name recognition as an emerging hub for the life sciences. This report closely follows the template developed for the previous three years’ economic impact analyses of Scripps Florida, and is organized into the following sections: 0 About Economic Impact Analysis: IMPLAN is an industry-standard economic impact estimator. The specific application of this model is described. Methodological Note: The model inputs include a variety of direct expenditures by Scripps and its partner organizations (FAU, Palm Beach County, and the State). Results of the Economic Impact Analysis: Presentation of the key findings of the analysis. Extra-Model Economic Benefits: A brief mention of additional impacts this analysis does not attempt to capture. kw November 2007 CopyhgM 0 2007 Enterprise Florkla. A# Rlghb Resenred. About Economic Impact Analysis Economic impact analysis measures the changes in employment, personal income, economic output (Gross Domestic Product), and tax revenues resulting from an event or the presence of a facility in a given study area. Impacts can be measured at the county, regional (i.e. groups of counties), statewide, or national level. Given the statewide importance of Scripps Florida and its role in putting Florida on the map as an emerging hub for the life sciences, this analysis measures the economic impact of Scripps on the entire State of Florida. In practice, however, the bulk of these quantifiable impacts will be geographically concentrated in Palm Beach County, as well as other neighboring areas in the South Florida region. Assessing the impact of Scripps Florida’s presence in our state has been carried out utilizing an industry-standard IMPLAN economic impact model, one of the top models used in the United States for economic impact analysis. This economic impact analysis for the most part uses the standard features of the IMPLAN model, without altering any of the model’s default settings. In accordance with the particular circumstances of Scripps Florida, this analysis looks at economic impacts categorized in three different ways: 1. Based on the type of impact measured, the IMPLAN model quantifies four main categories of impacts: 0 Employment: The number of additional full-time equivalent jobs attributable to the presence and operation of Scripps Florida in Palm Beach County. 0 Personal Income: The additional earnings pumped into Florida’s economy as a result of Scripps; Economic Output (Gross Domestic Product): The increase in Florida’s total economic output attributable to all these additional people working and creating value added; and 0 Tax Revenues: Additional fiscal revenues for the state and local governments generated by all the added economic activity (through taxable sales, property taxes, licenses, fees, etc.). 2. Based on the round of effects analyzed, there are three categories of impacts: Direct Effects: These include the economic impact of the setup and operations of Scripps Florida itself, such as jobs at the facility or at companies *, November 2007 CopyrlgM 0 2007 Enterprise FlorMa. All Ri~hts Reserved. D 0 responsible for designing and constructing Scripps’ facilities, employee income, the total increase in economic activity associated with this, and resulting tax revenues. Indirect Effects: These include operating inputs (both goods and services) provided by local area businesses as a result of the operation of the Scripps Florida facilities and companies responsible for designing and constructing Scripps’ facilities, and all the employment, income, and tax revenues associated with this increase in economic activity. lnduced Effects: The increase in local and state economic activity stemming from expenditures by Scripps Florida’s employees and employees of other area businesses either directly or indirectly affected by Scripps Florida’s local purchase of goods and services. Like Direct and Indirect impacts, lnduced impacts also result in jobs, increases in the area’s total income, and augmented fiscal revenues stemming from this increase in economic activity. Every purchase in any sector of the economy creates additional spending through direct, indirect, and induced effects. This happens over and over numerous times. The repeated spending that occurs as a result of any single purchase is called the multiplier effect. In other words, money spent once by an individual or a company enables a chain reaction of new spending by other individuals and companies. 3. Finally, a unique feature of this analysis is the inclusion of, and distinction between, the following: 0 Scripps’ Operational Impacts: These impacts pertain to the operations of Scripps Florida itself in its fourth full fiscal year. In addition to Scripps’ own payroll expenditure (on research, professional, and support staff), there is also the procurement of laboratory and other scientific equipment, information technology, office furniture and supplies, and various business services. Facility-Related Impacts: These encompass all the economic activity resulting from expenditures on designing and constructing the permanent facilities housing Scripps Florida. These expenditures are borne by Florida Atlantic University, Palm Beach County, and the State of Florida, in addition to Scripps Florida itself. Specific activities include carrying out land surveys, environmental impact studies, architectural designs, detailed engineering designs, site preparation and related civil works, any construction activity that may take place, as well as the real estate transactions and professional/ business services necessary to implement the project. Facility-related impacts are included in this analysis because they are directly attributable to setting up Scripps’ facilities in Florida. ‘I, November 2007 Copyrighi 0 2007 Enterprise Florida. All Rights Reserved. Thus, to properly measure the total impact that the presence of Scripps is having on Florida’s economy, this analysis has taken into account the operation of the temporary Scripps facilities at Florida Atlantic University (FAU), plus all activities related to the establishment of Scripps permanent site in Palm Beach County. Methodological Note Any economic impact analysis is only as good as the primary data and assumptions on which it is based. In carrying out this analysis, Enterprise Florida has relied on data provided by the Scripps Florida Funding Corporation. The data provided include all known expenditures by Scripps Florida, Palm Beach County, and Florida Atlantic University, during the fiscal year October 1,2006, to September 30, 2007. All expenditure data thus obtained were fed into the IMPLAN model, assigning the appropriate NAICS-based IMPLAN industry sector designation to each expenditure item. These items were then aggregated according to their characteristics to obtain the different kinds of quantifiable impacts presented in the previous section. No data on actual Scripps-related job creation were input into the IMPLAN model. Instead, the model estimated direct employment levels (averaged out for the entire fiscal year in question) based on total expenditure levels, but in accordance with corresponding income levels determined by industry and geography. Therefore, the estimated employment impacts generated by IMPLAN should be interpreted as average annual full-time equivalent (FTE) positions, and not a snapshot of actual employment by Scripps or any other entity at any individual point in time during the fiscal year analyzed. Given its focus on quantifying impacts on Florida’s economy during a single fiscal year, this model also does not attempt to distinguish between recurring and one-time economic impacts. In practice, many jobs associated with setting up Scripps’ facilities may be of a specific duration, while those at Scripps Florida itself may be sustained over many years into the future. Either way, the study only looks at impacts on Florida’s economy in Scripps’ FY 2006-07. This analysis did not alter the default assumptions built into the IMPLAN model, such as the level of “leakage” between economic areas, population, workforce, and personal income totals (all of which come from standard U.S. Federal government data sources), or any inter-industry linkages. Relying on IMPLAN’s Social Accounting Matrices, the analysis computed the various kinds of economic impacts associated with Scripps’ presence in our state. c. November 2007 Page 6 Copytight 0 2007 Enterprise Florida. All Rights Resenred. Tax impacts were also computed by the IMPLAN model, with the breakdown between local and statewide fiscal revenues being estimated by Enterprise Florida based on revenue type. For instance, this analysis assumed that all tax revenues obtained through vehicle licensing fees go to the State of Florida, while all property taxes are assumed to go to local governments. Sales tax receipts are split between the state's standard 6% rate and any additional local penny options, as applicable. Likewise, all other revenues were allocated to the appropriate category. Primary expenditure data fed into the IMPLAN model are provided in the table below: ;, Scri - c November 2007 Copy@ht 0 2007 Enterprise Florida. All Rights Reserved. Results of the Economic Impact Analysis Based on all the data and assumptions incorporated into the analysis, the total statewide economic impact of Scripps Florida in its fourth full fiscal year of operation is summarized in the table below: Summarized by type of impact, the key benefits to Florida's economy during the fourth fiscal year of Scripps Florida's presence include: 1. Employment impact: Scripps Florida's presence helped to sustain an estimated 2,090 full-time equivalent jobs' statewide, of which: 0 Direct: This analysis provides two different kinds of direct employment impacts: 203 full-time equivalent positions sustained by the operations Scripps Florida 1 all those jobs were created in FY 2006-07 alone; some of the jobs were created in previous fiscal years and "carried over" into this one, while others in fact represent jobs newly-created during FY 2006-07. Therefore, it would be incorrect to add the job impacts from the previous three fiscal years' economic impact reports to those in this year's - this would result in a double-counting of jobs created in fiscal years 2003-06 and continuing to be sustained in FY 2006-07. "Jobs sustained" means all Scripps-related employment existing in Florida during FY 2006-07 irrespective of when the jobs in questions were first created. The total number of jobs sustained by Scripps Florida's presence in the state does not mean that . November 2007 Copyright Q 2007 Enterprise Florida. All Rights Resew. itself, plus another 683 jobs sustained by the design and construction of Scripps’ physical facilities, for an estimated total of 886 direct jobs resulting from the presence of Scripps in Florida during its fourth full fiscal year; and Indirect and Induced: An additional 1,204 jobs throughout Florida were supported as a result of the multiplier effect. 2. The total income impact of Scripps Florida in its fourth full fiscal year of operation amounted to $95,506,975. This total includes: Direct: The earnings at Scripps Florida itself and entities engaged in designing or constructing the Scripps facilities boosted Florida’s total personal income by $45,583,970; and 0 Indirect and Induced: An additional $49,923,005 in personal income was produced by the ripple effect that the direct spending had through Florida’s economy. 3. The contribution of Scripps Florida’s presence to Florida’s total economic output (Gross Domestic Product) was $230,326,028 in fiscal year 2006-07. Of this: 0 Direct: Scripps Florida and entities engaged in designing or constructing the Scripps facilities contributed $97,935,450 to Florida’s Gross Domestic Product; and Indirect and Induced: The ripple effect of Scripps’ presence accounted for a further contribution of $1 32,390,577 to Florida’s total economic output. 4. The total fiscal impact of Scripps Florida’s presence in Florida amounted to $1 1,812,055 in fiscal year 2006-07. Of this total: Direct: Scripps Florida and entities engaged in designing or constructing the Scripps facilities accounted for economic activity yielding an estimated $5,022,230 in tax revenues for Florida’s state and local governments; and 0 Indirect and Induced: The ripple effect of Scripps Florida’s presence accounted for economic activity generating a further $6,789,825 in tax revenues for the state and local governments. The approximate breakdown between fiscal revenues accruing to the State of Florida and those paid to county and municipal governments was as follows: , State Taxes: The tax revenues going to the State of Florida amounted to an estimated $6,378,510; and Local Taxes: An additional $5,433,545 in taxes was paid to county and municipal governments as a result of Scripps Florida’s presence in the state. Extra-Model Economic Benefits While the focus of this analysis is on measuring the economic benefits of the presence of Scripps Florida in the state during its fourth full fiscal year, it is important to note that economic impact models such as IMPLAN by their very nature capture only the economic benefits that can be quantified -jobs, income, output, and tax revenues. These models cannot express other important yet unquantifiable benefits such as enhanced business visibility and marketing value (branding) that stems from having a high-profile facility such as Scripps in Florida. While not immediately quantifiable, such benefits will nevertheless become evident through future streams of quantifiable economic impacts, and so should be kept in mind when attempting to gauge the total impact of Scripps Florida on Florida’s economy. Copyright Q 2007 Enterprise florida. All Rights Reserved. Page 10 READ AT THE CITY COUNCIL MEETING OF MARCH 20,2008. Dear Mayor Subject: Requesting a new resolution on the Kyoto Gardens Drive railroad crossing. As most of you know we have no Neighborhood Association in Garden Woods and since I live in Garden Woods I volunteered to represent the Community on the Kyoto matter. The most pressing problem for the City is the future Kyoto Gardens Drive at-grade railroad crossing. Back in May 29,2001 FEC sent a letter to the CITY and FDOT saying that they would not authorize the new crossing because of SAFETY to its train engineers and most important to motorists going west from Ah AlA that would not see the incoming Southbound train as impeded by the SW ramp and the end of track curve just north of Kyoto Gardens Drive. On August 19,2003 Mayor Eric Jablin signed a License Agreement with FEC stating that the City will pay $160.000,00 on completion of the crossing site in settlement of the dismte. That statement was changed in the Stipulation of Parties to look like a license fee that Mayor Eric Jablin was the first to sign on Aug 29, 2003. The license agreement looks very much like a bribe and is now under investigation. This new at-grade crossing has been opposed by the residents of Garden Woods since 1999 and in many petitions sent to the City but have always been ignored by the City. It was confirmed by FDOT that the grade crossing at Kyoto Gardens Drive is a CITY matter as they asked for it in resolution 147, 1999. We learned that the City was more concerned about a Kyoto overpass bridge obstructing the view of the PGA Blvd overpass with towers and sculptures than SAFETY to motorists. There is still time to change the construction at Kyoto Gardens Drive and make it a grade separated crossing or overhead highway bridge with an Intersection at the SW ramp. 1) An FRA risk index study for the future Kyoto Gardens Drive has not been requested to FEC by the City. Due to the specifics mentioned by FEC in their letter of May 29,2001 the SAFETY problem at Kyoto will even be worse in a QUIET ZONE situation. 2) The City should terminate the license agreement with the $160.000,00 settlement. 3) The equipment already installed at the crossing but never used could be returned to the manufacturer for refund. There should be no labor charge from FEC as they would save money on liability insurance if there is no Kyoto Gardens Drive at- grade railroad crossing. 4) The elimination of the Kyoto Gardens Drive grade crossing would save the City a significant amount of money on insurance, maintenance and possible liability in case of accident at the crossing. For the construction of a Kyoto Gardens Drive overpass highway bridge the City could get Federal and State grant on top of County and City impact fees and a bond issue repayable in 10 to 20 years. 5) The City should pass a new resolution on the Kyoto Gardens Drive matter. Since the Kyoto crossing is a CITY matter I suggest a CITY meeting as soon as possible with all the parties involved. I have requested such a meeting for a long time but the City would never authorize it. Hoping the Mayor and City Council can approve our request for a meeting with all the parties involved and a new City resolution for a grade separated railroad crossing or overhead highway bridge at Kyoto Gardens Drive instead of a grade railroad crossing. Sincerely, 1 1658 Hemlock Street Palm Beach Gardens F133410 cc: John D. McPherson, FEC President and Chief Operating Officer. Christine Tatum, City Attorney. Eric Leach, Attorney representing FEC. Bruce Conroy, FDOT Chief Administrative Law Counsel. Jan Bordelon, FDOT Rail Specialist. The Editor Palm Beach Post. Enclosure: FEC letter dated May 29,2001. . RECEIVED CIN MANAGER'S OFFICE @ Florida East Coast File: 239i39i322 1 PALM BEACH GARDENS: GRADE CROSSISG MATTERS PROPOSED CROSSING. hYOTO GARDENS DRIVE MP 3894-322 1 ' Mr. Ronald M. Fenis, City Manager City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410-4698 Dear Mr. Ferris: This is in response to your letter of May I 7, 200 1 , and as a follow up to our meeting of May 1 1, 200 1, held at the Florida Department of Transportation office, in Ft. Lauderdale, Florida. By way of this letter I am giving formal notice that the Railway is opposed to this at-grade crossing and will not approve this type of crossing at this location. L First, and most importantly, the crossing would create an unsafe condition as the proposed S.W. Ramp overhead highway bridge structure and earthen ramps would impede a motorists line-of-sight when crossing, or turning from Alternate AI A, to proceed west across our tracks. Another safety concern is the physical location of the crossing. The crossing would be located at the end of a curve in our mainline track and would not give our train Engineers time to react should a motorist become stranded or stopped on the crossing. E Another factor to consider is the recent signing of an operating agreement between the Railway and Amtrak. Amtrak will operate over our trackage as early as December 3 1 , 2001, and could add as many as four trains per day at this location. This increase in rail traffic dong with the projected traffic congestion in this area due to the opening of a new Movie Theatrc combined with the existing traffic from the Shopping Mall, is yet another concern. As we stated at the meeting of May 11,2001, the Railway is opposed to any new at-grade crossings. We are currently in the process of reviewing our existing grade crossing inventory for the purpose of eliminating and therefore reducing the number of crossings on our line. With each new grade crossing, track maintenance increases, another opportunity for a vehicleftrain accident is created, and the Railway's liability is escalated. I believe there are several other solutions for solving your traffic congestion problems other than opening another at-grade crossing. One alternative is a grade separated crossing or overhead highway bridge. I know this is a more costly way to cross our tracks, however it would provide a safer and f?ee flowing route for vehicular traffic in general, plus enable your Police, Fire, and Rescue personnel a direct and open route for serving the community. In our May 1 1,200 1 ,meeting. One Malaga.Street PO. Bax 1048 * St. Auqustine. FL 32085-1048 1 Mr. Ronald b1. Fems your representative messed the importance of this proposed crossing as a relief for PGA Boulevard traffic congestion and as a vital part of your twenty year traffic plan. I'm sure the new PG.4 Boulevard overpass and roadway improvements were dzsiged to handle a siqificant increase in vehicular trafiic, which will provide years of immediate relief from traffic congestion. The additional finding for an overhead structure at the Kyoto Drive location could then be budgeted over a five to ten year period. Another solution would be to route traffic to the north or south on Alternate AI& over the existing grade crossings. The crossing to the north is Hood Road, Railway's milepost 288+2,230', and is 6,271' away from the location of the proposed Kyoto Gardens Drive crossing. ?he GiQSSiZg to the sw€h is RCA Soulevsid, Rai!way's dept 29&€.,305', and is cdy 3,361' away from the proposed Kyoto Gardens Drive crossing. Both of the crossings are in close proximity to the proposed crossing location and would provide reiief for traffic congestion on PGA Boulevard. The Railway would consider coordinating the widening of Hood Road or RCA Boulevard, or other improvements you propose, that would help expedite traffic flow at either of these locations. Should you need to fixther discuss this matter, please calI at (904) 826-2383. S incerel y, J. L. Schonder Manager-Engineering Services cc: Mr. John D. McPherson Mi. John D. Baker Mr. Charles A. Stcne Mr. Daniel P. Clark, City Engineer Mrs. Nadir Rodrigues, FDOT Mrs. Janice Bordelon, FDOT ---~------------------------,.--------- PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, high quality health care is of critical importance to the residents and businesses of South Florida; and WHEREAS, Palm Beach Gardens Medical Center has been a valued member of the South Florida community for 40 years; and WHEREAS, Palm Beach Gardens Medical Center provides a full range of health care and health education services for patients and families in our community; and WHEREAS, Palm Beach Gardens Medical Center has been named by HealthGrades, an independent health care quality company, as one of "America's 50 Best Hospitals" for two years in a row; and · WHEREAS, Palm Beach Gardens Medical Center has also received the HealthGrades Distinguished Hospital Award for Clinical Excellence for six years in a row; WHEREAS, Palm Beach Gardens Medical Center has been proven to deliver the highest quality care and rank among the top one percent of all hospitals in the nation for overall clinical outcomes; N O W, THEREFORE, I, Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, commend Palm Beach Gardens Medical Center on being named one of. Attest: "America 's 50 Best Hospitals" , CityClerk 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 2ffl' day of March in the Year Two Thousand and Eight.