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
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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
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The following candidates are hereby declared to be elected to the
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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
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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
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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
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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
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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
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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
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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
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APPROVED: 5
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Mayor 8
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Vice Mayor 12
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Council Member 16
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Council Member 20
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Council Member 24
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Attest: 28
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Patricia Snider, CMC 32
City Clerk 33
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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
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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.
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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.
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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.
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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
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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,
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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September 10,2007
Page 4
Land Development Reg u I at ions
Minimum Buildin
nimum Lot Width
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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).
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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
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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
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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”
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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.
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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)
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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)
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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)
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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:
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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)
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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.
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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
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25 1. Mirasol Walk Site Plan, sheet P1, 1 sheet total, by Gee & Jenson,
26 September 5,2003.
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28 Mirasol Walk Right of Way Plan, sheet P2, 1 sheet total, by Gee & Jenson,
29 July 24, 2003.
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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).
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35 Mirasol Walk Architectural Elevations and roof plans, sheets A2.01 , A2.02,
on file with the City’s Growth Management Department:
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43 7. Photometric Site Plan for Exxon Mobil, by Progressive Development,
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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.
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Date Prepared: September 9,2003
Resolution 168,2003
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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
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19 BY:
20 Patricia Snider, City Clerk
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25 LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
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Mristine P. Taturn, City Attorney
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32 VOTE:
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34 MAYOR JABLIN
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36 VICE MAYOR SABATELLO
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38 COUNCILMEMBER CLARK
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40 COUNCILMEMBER RUSSO
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42 COUNCILMEMBER DELGADO 43
W
-- AYE NAY ABSENT
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46 47 \\pbgsfile\Attomeylattcuney-shareWESOLUllONSbeso 168 2003 - mirasol walk-rez-mpwith changes 10-6-03.d~
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*
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1
2 RESOLUTION 71,2005
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5 A RESOLUTION OF THE CITY COUNCIL OF
6 BEACH GARDENS, FLORIDA APPROVING AN
THE CITY OF PALM
AMENDMENT TO THE
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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
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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)
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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)
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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)
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Resolution 71,2005
Crime Prevention Throuqh Environmental Desiqn CPTED:
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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).
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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:
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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
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with the City’s Growth Management Department:
I. Mirasol Walk Site Plan, sheet P’l , I sheet total, by Gee & Jenson, September 5,
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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
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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
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Date Prepared: November 16,2005
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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
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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.
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Date Prepared: November 16, 2005 Resolution 179,2005
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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)
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Date Prepared: November 16,2005
Resolution 179,2005
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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)
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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--
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Date Prepared: February 16, 2008
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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
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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,
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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)
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Date Prepared: February 16, 2008
Resolution 21, 2008
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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)
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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 &
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Date Prepared: February 16, 2008
Resolution 21, 2008
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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)
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Date Prepared: February 16, 2008
Resolution 21, 2008
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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
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Date Prepared: February 16, 2008
Resolution 21, 2008
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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
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Date Prepared: February 16, 2008
Resolution 21, 2008
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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)
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Date Prepared: February 16, 2008
Resolution 21, 2008
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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).
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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.
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Date Prepared: February 16, 2008
Resolution 21, 2008
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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.
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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)
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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:
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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.
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Date Prepared: February 16, 2008
Resolution 21, 2008
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2 height of 43 feet.
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5 principal tenant sign.
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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:
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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.
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Date Prepared: February 16, 2008
Resolution 21, 2008
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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
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BY:
Mayor
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22 Patricia Snider, CMC, City Clerk
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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
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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.
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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
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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.
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Date Prepared: May 1,2007
Resolution 7. 2007
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Dale Prepared: May 1.2007
Resolution 7. 2007
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
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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)
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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)
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Date Prepared: May 1,2007
Resolution 7, 2007
Date Prepared: May 1,2007
Resolution 7, 2007
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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)
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Date Prepared: May 1,2007
Resolution 7,2007
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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
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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)
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Date Prepared: May 1,2007
Resolution 7, 2007
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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)
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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
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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)
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Date Prepared‘ May 1,2007
Resolution 7, 2007
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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)
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Engineering
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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)
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Date Prepared: May 1,2007
Resolution 7, 2007
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Date Prepared. May 1, 2007
Resolution 7, 2007
CPTED
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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,
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Resolution 7, 2007
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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
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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)
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Resolution 7. 2007
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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).
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Date Prepared: May 1,2007
Resolution 7, 2007
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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).
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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.
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Date Prepared: May 1,2007
Resolution 7, 2007
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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
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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
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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
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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)
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8 Temporary Trailers
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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)
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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
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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)
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Date Prepared: February 16, 2008
Resolution 22. 2008
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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
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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)
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Resolution 22, 2008
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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
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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
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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
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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
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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.
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6 4.
7
8
9 5.
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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
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29
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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
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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,
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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
--. . ..
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Real Estate Site Survey
03/23/06
P
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SOUTHEAST CORNER OF
PGA BLVD. & PROSPERITY FARMS ROAD
PALM BEACH GARDENS, FL
4
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PREPARED BY
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Date Prepared: February 16, 2008
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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
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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
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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-
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Date Prepared: February 16, 2008
Resolution 23, 2008
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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”
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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.
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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)
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Date Prepared: February 16, 2008
Resolution 23, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Mayor
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10 ATTEST:
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18 LEGAL SUFFICIENCY
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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
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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
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6 PASSED this day of I 2008, upon first reading.
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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.
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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
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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.