HomeMy WebLinkAboutAgenda Council Agenda 071708
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
July 17, 2008
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. (Page 5) FDOT Project Overview.
b. The proposed maximum millage rate for fiscal year 2008/2009, setting the date,
time and place for the first budget hearing.
c. District Park.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 13) Approve Minutes from May 15, 2008 regular City Council meeting.
b. (Staff Report on Page 22, Resolution on Page 24) Resolution 45, 2008 –
Interlocal Agreement with Solid Waste Authority. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Interlocal
Agreement with the Solid Waste Authority of Palm Beach County for the delivery
of Municipal Solid Waste to designated facilities and for a Municipal Recycling
Program; providing an effective date; and for other purposes.
c. (Page 35) Proclamation - Declaring July as Parks and Recreation Month.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 36, Resolution on Page 51) Resolution 41, 2008 - Art in
Public Places. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places for the Christ Fellowship
North Campus Planned Unit Development (PUD), as described more particularly
herein; providing a waiver; providing conditions of approval; providing an
effective date; and for other purposes.
b. (Staff Report on Page 58, Resolution on Page 103) Resolution 43, 2008 -
Amending the Paloma Planned Unit Development. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending the Paloma
Planned Unit Development (PUD), generally located South of Hood Road, West
of Military Trail, East of Central Boulevard, Parcel 31.04 (MXD), and Interstate
Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as
described more particularly herein, to modify a condition of approval, to delete
the six-foot clear zone requirement, and add signage at the three main entrances;
providing waivers; providing for conditions of approval; providing an effective
date; and for other purposes.
c. (Staff Report on Page 114, Resolution on Page 150) Resolution 52, 2008 -
Amending Resolution 57, 2007. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida amending Resolution 57, 2007, relating to the
approximately 30-acre RCA Center Planned Unit Development (PUD) (a.k.a.
“Parcel 5B”), located generally at the Southeast corner of PGA Boulevard and
RCA Boulevard, as more particularly described herein, to allow minor changes to
the approved signage plan; providing an additional waiver; providing an effective
date; and for other purposes.
d. (Staff Report on Page 165, Resolution on Page 180) Resolution 55, 2008 - Art
in Public Places. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places for the North County
Regional Library located within the North County Government Center Planned
Community Development (PCD), as described more particularly herein;
providing conditions of approval; providing an effective date; and for other
purposes.
e. (Staff Report on Page 184, Resolution on Page 245) Resolution 60, 2008 -
Bright Futures Academy. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the major conditional use of public school and
the corresponding site plan for the approximately 2.0-acre parcel of land, located
at 10300 and 10350 Riverside Drive, as more particularly described herein, to be
referred to as the “Bright Futures Academy”; allowing the renovation of two
existing structures and improvements to the site; providing conditions of
approval; providing an effective date; and for other purposes.
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
a. (Staff Report on Page 252, Resolution on Page 254) Resolution 54, 2008 –
Adopting a proposed maximum millage rate. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a proposed maximum millage
rate for the City of Palm Beach Gardens for fiscal Year 2008/2009; setting the
date, time and place of the first budget hearing; providing an effective date; and
for other purposes.
b. (Staff Report on Page 256, Resolution on Page 268) Resolution 57, 2008 -
Contract award to Signal Group, Inc. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving a contract award to Signal Group, Inc.
for traffic signal improvements at Kyoto Gardens Drive and Lake Victoria
Gardens Drive in an amount of $226,812.80 via an existing Agreement with St.
Lucie County (No. 07-059); providing an effective date; and for other purposes.
c. (Staff Report on Page 359, Resolution on Page 361) Resolution 59, 2008 -
Reappointment of members to the Budget Oversight Committee. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida reappointing four (4)
regular members to the Budget Oversight Committee; providing an effective date;
and for other purposes.
d. (Staff Report on Page 363, Resolution on Page 365) Resolution 62, 2008 -
National Health Insurance Act. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida endorsing Congressional Bill H.R. 676, the U.S.
National Health Insurance Act; providing an effective date; and for other
purposes.
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 368, Ordinance on Page 370) Ordinance 15, 2008 –
Convenience Business Security Act. An Ordinance of the City Council of the City
of Palm Beach Gardens, Florida relating to Convenience Business Security;
creating a new Section 78-193 to be entitled “Convenience Business Security”;
providing a conflict clause; providing a severability clause; providing the
authority to codify; providing an effective date; and for other purposes.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Coordination Meeting between the City of Palm Beach Gardens,
FDOT West Palm Beach Operations Center and TBE Group
Meeting Summary
10500 North Military Trail
Palm Beach Gardens, FL 33410
May 15,2008
Attendees
See attached Sign-in Sheet
Synopsis
The meeting was held at, the Palm Beach Gardens Municipal Complex in order to provide traffic
control plans for projects that will be occurring in Palm Beach Gardens (PBG). This meeting will
open a dialogue between the FDOT, the City of Palm Beach Gardens and TBE Group (CCEI
overseeing construction projects).
This informal meeting included a brief introduction of the project team as well as a project over
view.
The first of the June the project field office wilt be opened at 11641 Kew Gardens Avenue Suite
101 , Palm Beach Gardens, FL 33140. All are welcomed to stop by the field office anytime
without an appointment, Monday through Friday, 8 a.m. until 5 p.m.
PBG asked project team to present project information to their council meeting, July lq, 2008
(time TBD). PBG would like more visual material. PI0 will compile material to present at this
meeting. Project team will be in attendance at this meeting to answer any questions or
concerns that may arise. More information will become available as the time moves closer.
Town Council would like visual material to see various MOT phasing and project information.
FDOT and TBE will provide this information on a large poster board or in a PowerPoint
presentation. PI0 will confirm with PBG which type of collateral they would prefer.
Proiect Overview
1-95 HO V Expansion Projects
Attendees were advised that there are two 1-95 projects. The first 1-95 project to be let is from
south of PGA Boulevard to Donald Ross Road. The second project is from Donald Ross Road
to S.R.706/ lndiantown Road. These projects include adding two travel lanes both northbound
and southbound; one HOV lane and one general travel lane.
Work on the main roadway will be performed during both daytime and nighttime hours. There
will be some lane closures which will be sequenced during the nighttime operations. Most of the
work will be performed behind barrier walls. Each ramp has its own specific sequencing for
closures. Ramps are allowed to be closed for a period of 42-75 days, only. The contractors are
1
i
eligible for a bonus if the ramps are opened before the 42-75 day period. No ramp closures are
allowed from Thanksgiving to January 2, any given year.
At PGA Boulevard and Military Trail there will be tie-ins with traffic diversions. This will be to
perform work on 1-95 Bridges over traffic such as concrete placements and the setting of beams.
These will be done during p.m. hours, but the plans refer to nighttime hours during the week,
daytime weekend, and no holiday work is permitted. There is an incentive/disincentive for the
contractor to have no more than 200 calendar days of full closures (closures that last longer
than 15 minutes).
Sound walls will be installed first at Garden Lakes, Westwood Gardens and Westwood Lakes.
The vegetation in front of these communities will be removed before the sound walls go in. This
may be a concern as residents may be able see more of the interstate than what they are
accustomed. There are no plans at this time to build additional noise walls. The PI0 mentioned
that, during design, residents of Eagle Ridge requested noise walls. Studies confirm that this
community will not get noise walls because the cost per home that would benefit from the noise
wall is well above the FDOT’s threshold for noise wall construction and only nine of the 16
homes meeting the criteria will get a significant noise reduction from the wall. The Department,
however, will provide additional landscaping to reestablish a buffer zone that was eliminated by
a hurricane.
How will the residents in that area be notified of these construction projects?
The PI0 notified the group that to accommodate this request a public meeting will be held on
June 4,2008, 5 p.m. until 7 p.m. at the project field office in Palm Beach Gardens. All will be
welcomed and encouraged to attend. PI0 will also drop off/ email project fact sheet to be
placed at the Municipal Complex.
There will also be bi-monthly Corridor Advisory Team (CAT) Meetings. PI0 offered that if
anyone was interested to attend that would be a good meeting to relay information back to their
organization. The PI0 is on call 24ff and will answer resident’s questions as they arise.
The PI0 will be visible and accessible to residents and their representatives throughout
construction. The PI0 will also coordinate closures and traffic shifts for the following week via an
email blast. Anyone who wishes to be notified can be placed on this list. The PI0 will also
notify news stations and local papers of the following week‘s closure information, which they
publish.
PBG asked that the Gardens Mall and ‘downtown’ be notified of all construction projects. The
PI0 agreed to place them on her distribution list.
The project from Donald Ross Road to S.R. 706/ lndiantown Road is expected to be complete
by spring 201 2. Representatives of the Palm Beach Gardens Police Department asked how the
project team would notify the emergency units of closures. The Traffic Incident Management
Team will have all information in real-time. PI0 will also disseminate all lane closures via email
to an emergency distribution list.
The project team will know more in a few weeks regarding the contractor and start date on 1-95
from Donald Ross Road to S.R.7061 lndiantown Road. Mike said that he will coordinate with
2
Cindy at PBG as the date moves closer.
Police and Fire Rescue want to be notified two or three weeks prior to any ramp closures or
traffic shifts. Project team advised that it is standard to notify emergency services two weeks
prior to any anticipated closures or shifts.
The Police Department is concerned about the signal on the southbound PGA Boulevard ramp
exit ramp, stating that there should be flashing lights to alert motorists as they exit. The project
team will look into this as that work gets closer.
There will be no widening under the PGA Boulevard Bridge, just landscaping and drainage.
The aesthetics of the 1-95 corridor will be the same as the current project. However, there will
not be double mast arm lighting on the new projects.
The staging area for these projects has not been determined. The contractor will determine
where they want to stage for the project. The project team will notify PBG once a staging area
has been decided upon.
US UPGA Drainage Project
This will be a drainage improvement project. The project is approximately 10 months long.
PBG understands that this will not be an easy project. The Department wants to have this
project completed complete before the 2009 rainy season. PBG urged DOT to start this project
as soon as possible. The anticipated start date is mid/late October 2008.
The project will consist of installing new storm water drainage outside the roadway, repaving,
utility work and the installation of French drainage. The work will start with A1N PGA
Boulevard and then move to US1/ PGA Boulevard intersection. The only lane restrictions are
for work adjacent to Hidden Key on A1A where the restriction allows work only during daytime,
non- weekend hours. There are no other restrictions for work hours and/or lane closures on this
project. PBG requested no restrictions in order to expedite the work.
Work will be phased to minimize impacts and maintain access. There is heavy pedestrian traffic
in the area. The project team plans to divert the pedestrian paths around construction to
maintain walking access throughout the corridor during construction.
US1 will be closed down to one lane in each direction during phases two and three. Both
phases will last approximately three or four months, combined. This roadway has a heavy
volume of vehicular traffic. There will be many delays. PBG is requesting that VMS signs be in
place northbound, north of the Parker Avenue Bridge, urging motorists to seek an alternate
route. FDOT will look into that request.
There are no plans available to show the location of existing underground water lines. PBG said
to call Bruce Gregg (561-627-2900) to try and determine where these pipes are located. The
project team was warned of a high pressure gas main that many contractors have hit throughout
the years.
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PBG asked if the Intracoastal Waterway Bridge could be re-timed to eliminate congestion on the
roadway, as it may alleviate traffic if the bridge opened on the hour rather than every half hour.
FDOT does not believe that the Coast Guard will approve, but they will look into it available
options.
Little Lake Worth Bridge and Tidal Relief Bridge
This project may be linked in this group of construction projects. These bridges are under Palm
Beach Operations Center contract and will be let at the same time. These projects are eligible
for bid April 2009.
S. R. 706/ lndiantown Road project
This project will not have much effect on PBG so it was briefly touched upon. Construction on
1.4 miles along SR 706 / lndiantown Road will begin in June, 16, 2008 and last until fall 2009
and includes: milling and resurfacing, shoulder reconstruction, signalization improvements,
irrigation installation, landscaping and median enhancements.
Meeting was adjourned. Contact information will be distributed with meeting minutes by PIO.
*Please send any amendments to adefagoaqca-inc.com
4
1-95 HOV Expansion Project 7/7/2008
rie, FDOT District Four Project Manager
, P.E., Senior Project Engineer
E, FDOT District Four Project
SR706 / lndiantown Rd. Project
ato, Project Administrator, 1-95 HOV
I
Expansion Project from Donald Ross Rd. to SR706/
lndiantown Rd.
* Pat Kennedy, 1-95 HOV Expansion Project and PGA
IIDIVI- n--ject from PGA Blvd. to Donald Ross Rd. - lam , Project Administrator, 1-95 HOV
)ordinator
, Public Information Officer
b I Overview
Three separate but related projects
Designed to improve safety and traffic flow
Last of several similar projects in Palm Beach
County
lanes along 1-95
Introducing High Occupancy Vehicle (HOV)
1
1-95 HOV Expansion Project 7/7/2008
I' '-7,pe of Work
Dject
01.4 miles long fro
'Began on June 16,2008 and will last until early 2009
*Includes: milling and resurfacing the roadway, rebuilding
shoulders, upgrading traffic signs and signals; median
improvements and landscaping to include irrigation
*The project cost is $2.4 million
. e Florida Turnpike to Chasewood Plaza
p;lanrr I
4.3-mil. . ..
Rd.
Expected to begin by late summer or early fall 2008 and will la
approximaWly three years.
Addition of an HW lane in each direction, sound watls dnd
miwellaneous roadway improvements
The project cost is $43.5 million
L
I prc I 2.9 miles on 1-95 from just south of PGA Boulevard to Donald Ross Road
Scheduled to begin by late summer/early fall 2008 (an exact date has not been determined) and will last approximately three and
a-half years
Addition of an HOV lane in each direction, sound wails and
miscellaneous roadway improvements
The project cost is $44 million
2
1-95 HOV Expansion Project 7/7/2008
Detailed MOT Plan will facilitate traffic flow and
minimize impacts to motorists, residents and
businesses
Work requires lane closures, traffic shifts and
ramp closures
Electronic Message Boards will provide advanced
notification
.. . 1 I1 fa I
1
Major traffic shifts or lane closures are not
permitted during any event at Rodger Dean
Stadium
* No lane or ramp closures on PGA Bbd. from
Thanksgiving Day through New Year's Day
Only one PGA Blvd. ramp will be closed at a time
North County SurgiCenter will be notified of
No pile driving or vibration causing activity
activity within 2,000ft.
within one mile of any school on FCAT testing
days
3
Upcoming Project
0 1 mile project through the intersection of US1/
SRS and PGA Blvd / SR A1A
* Will not begin until after January 5, 2009 (an exact
date has not been determined)
* Major drainage improvements to alleviate flooding
and milling and resurfacing
* This project will be coordinated with the City of Palm
Beach Gardens
3
1-95 HOV Expansion Project 7/7/2008
Contact Information
Public Information Field Office
11641 Kew Gardens Avenue, Suite 101
in Palm Beach Gardens, 33410
Hours of Operation - Monday through Friday,
from 8 a.m. until 5 p.m.
-
Public Informat' r -1 01
Alicia De Fago
561-718-4709
Available 24 hours a day, 7 days a week
obfdotxnmr
I
Questions?
4
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 1
05•15•08
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
May 15, 2008 4
5
The May 15, 2008 Regular Meeting of the City Council of the City of Palm Beach Gardens, 6
Florida, was called to order at 7:11 p.m. in the Council Chambers of the Municipal Complex, 7
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin. 8
I. PLEDGE OF ALLEGIANCE 9
II. ROLL CALL 10
The City Clerk called the roll and the following elected officials were found to be in 11
attendance: Mayor Eric Jablin, Vice Mayor David Levy, Councilmember Joseph Russo, 12
Councilmember Jody Barnett and Councilmember Robert Premuroso. 13
III. ADDITIONS, DELETIONS, MODIFICATIONS 14
Additions – Resignation of City Attorney Christine Tatum to be discussed under the Items of 15
Resident Interest. 16
Deletions – None. 17
Modifications – Reorder the presentations and put the Palm Beach Gardens High School Boys 18
Varsity Lacrosse Team first. 19
Motion 20
Vice Mayor Levy made a motion for approval of the Additions, Deletions and Modifications 21
as read into the record by Mayor Jablin. Councilmember Barnett seconded. The motion 22
carried unanimously, 5-0. 23
IV. ANNOUNCEMENTS AND PRESENTATIONS 24
(Reordered from the agenda under Section III, Additions, Deletions and Modifications.) 25
Vice Mayor Levy stated he is very proud of the Palm Beach Gardens High School Boys 26
Varsity Lacrosse Team, especially since they beat H.B. Plant High School, his alma mater. 27
a. Recognition of the Palm Beach Gardens High School Boys Varsity Lacrosse Team. 28
Mayor Jablin welcomed and recognized the Palm Beach Gardens High School Boys Varsity 29
Lacrosse Team for winning the State of Florida 1A Championship and finishing the season 30
undefeated. A brick paver will be installed in front of City Hall to commemorate their 31
perseverance, dedication and outstanding achievement. 32
Vice Mayor Levy stated Palm Beach Gardens High School has won four State Championships 33
in the last six years and W.T. Dwyer High School has won three. Vice Mayor Levy 34
complimented the Parks and Recreation Department for their staff and training. 35
b. Solid Waste Authority – New Land Fill. Mayor Jablin introduced Don Mathis and Amber 36
Barrett of CDM Engineering. Mr. Mathis stated there are three alternative sites that have 37
submitted proposals under a request for proposal (RFP) and are being reviewed by the Board 38
of Solid Waste, which is the Board of County Commissioners. Ms. Barrett gave a presentation 39
on the need, planning, designing and permitting of the next Palm Beach County land fill. She 40
described the present North County facility and the system of transfer stations. The timeline 41
for the new facility is 2021, but it takes 20 permits before ground can be broken. The Solid 42
Waste Authority owns 1600 acres of land purchased in 1996, which is located near the 43
Atlantic Sugar Mill. The County’s Comprehensive Plan was amended in 1997 to include this 44
site, which is remote, not located near any municipalities and has a 50-year capacity. The 45
sensitive environment is being taken into consideration so the wildlife refuge is not negatively 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 2
05•15•08
impacted. Councilmember Russo thanked Mr. Mathis and Ms. Barrett. Mayor Jablin stated 1
the difficulty of the permitting process ahead. The new site is approximately the same length 2
as the existing site, but is twice as wide. Vice Mayor Levy stated the new land fill will have 3
methane collection and be built to hazardous waste specifications even though there will be 4
no hazardous waste. 5
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 6
Councilmember Barnett thanked the City Manager and staff for attending the May 7, 2008 7
Community Aesthetics Board (CAB) meeting and reported the CAB has new projects on the 8
horizon and she does not believe they have any interest in merging with the Parks and 9
Recreation Advisory Board (RAB). Councilmember Barnett also thanked the PGA Corridor 10
Association for inviting the Council to their recent meeting that was addressed by Dr. 11
Fishkind, who described Palm Beach Gardens as a desirable place to live. Councilmember 12
Barnett stated she hopes businesses coming into the City do a needs analysis before they 13
arrive. 14
Vice Mayor David Levy reported he introduced Councilmember Jody Barnett, who will serve 15
as his replacement, to the Loxahatchee River Coordinating Council. The Value Place Hotel 16
will go before the County Commission on May 22, 2008 and asked approval from the City 17
Council to attend the County Commission hearing, along with Jeff Johnson, and state the 18
City’s objections to the hotel. The Council gave their consensus to Vice Mayor Levy. 19
Councilmember Russo stated he also attended the PGA Corridor Association meeting. 20
Discussed at the meeting is the cost of land in the area being so high that it is prohibitive for 21
businesses to locate here, this was also discussed at today’s Biotech Overlay meeting. 22
Councilmember Russo encouraged an agreement with other municipalities and the County for 23
ways to attract the biotech industry into this area. The new State budget does not include any 24
money for the Innovation Fund. The County has a program for waiving real estate taxes and 25
Councilmember Russo feels the City should look at this type of possibility. The Biotech 26
Overlay meeting was held at the Palm Beach Community College Biotechnology Education 27
Center and the facility is excellent. Councilmember Russo thanked everyone who attended the 28
Town Hall meeting and stated he did not believe it was well attended because there are no big 29
issues at this time. Councilmember Russo asked Growth Management Administrator Kara 30
Irwin for the latest update on the height Ordinance later in the meeting. 31
Councilmember Premuroso did not have a report. 32
Mayor Jablin asked Attorney Nancy Stroud to read City Attorney Christine Tatum’s 33
resignation into the record as follows: 34
Mayor and Councilmember’s, I am in Tallahassee tonight for my daughter’s graduation. As 35
you have been advised, I have tendered my resignation as City Attorney. It has been an honor 36
and a privilege to serve as City Attorney for the past five years. I thank you for the 37
opportunity to represent the City of Palm Beach Gardens in that capacity. 38
Staff has recommended the following: acceptance of Attorney Tatum’s resignation; 39
authorization of Mayor Jablin to sign the agreement of full and final release due to the 40
emergency situation; and direct the City Manager to hire an interim attorney. 41
Councilmember Russo asked the name of the attorney that reviewed the agreement. City 42
Manager Ferris replied Attorney Peter Sampo of Norton, Allen & Blue, P.A. Councilmember 43
Russo asked if the City Manager can be directed to hire a City Attorney when the attorney 44
works for the City Council. Mayor Jablin stated this is an interim situation. Attorney Nancy 45
Stroud, attending in Attorney Tatum’s absence, stated it would be appropriate for the City 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 3
05•15•08
Manager to negotiate an agreement and bring it to the Council for approval. In the interim the 1
City Manager can be authorized to hire an interim attorney. Councilmember Barnett asked if 2
Attorney Norton was to be hired as the interim attorney. City Manager Ferris stated Attorney 3
Norton is not a municipal attorney and would not be considered. Attorney Stroud stated the 4
City Manager can be delegated the authority to hire an interim attorney. Councilmember 5
Premuroso asked if an individual will be hired, or a firm. City Manager Ferris recommended a 6
firm. Councilmember Barnett requested the period of time for use of an interim attorney. 7
Councilmember Russo stated he would like the City Manager to prepare a feasibility study on 8
hiring an individual attorney, a firm, or a combination of both at the next Council meeting 9
(June 5, 2008). 10
Motion 11
Vice Mayor Levy made a motion to accept Attorney Tatum’s resignation and for Mayor 12
Jablin to sign the full and final release agreement. Councilmember Barnett seconded. Motion 13
passed unanimously, 5-0. 14
Councilmember Barnett stated she agreed with Councilmember Russo, but she would like an 15
established timeframe. Councilmember Premuroso asked if it was possible for the City 16
Manager to provide the feasibility study within three weeks. City Manager Ferris stated he 17
can provide the pros and cons. Councilmember Russo stated it is a three-month process. City 18
Manager Ferris stated it is closer to a six-month process. Councilmember Barnett stated 19
Council should provide their preference for an in-house attorney or a firm; her choice being a 20
firm for the interim because it would provide more flexibility. All Councilmember’s agreed 21
with the preference for a firm for the interim. 22
Motion 23
Vice Mayor Levy made a motion authorizing the City Manager to hire the appropriate legal 24
firm for the interim. Councilmember Russo seconded. Motion passed unanimously, 5-0. 25
Mayor Jablin stated that Attorney Tatum has been an outstanding asset over the past five 26
years. Her input and expertise on legal issues was appreciated by all Councilmember’s. He 27
stated she is a fine individual and wished her the best in her future endeavors. 28
Mayor Jablin reported the groundbreaking of the new Leadership in Energy and 29
Environmental Design (LEED)-certified conference center for the Doubletree Hotel. It is the 30
third green building in the City, Publix Green Wise Market being first and Gander Mountain 31
being second. 32
Recreation Director Charlotte Presensky and Mayor Jablin met with Mark Ventura from the 33
MacArthur Foundation to discuss the possibility of the Foundation’s involvement in the 34
City’s 50th anniversary celebration. Mayor Jablin had a second meeting with Recreation 35
Director Presensky and several retail business leaders including The Gardens Mall, 36
Downtown at the Gardens, The Commons and Midtown to discuss the 50th anniversary 37
celebration that could be the kickoff for an annual festival. Mayor Jablin asked Council’s 38
permission to continue the anniversary celebration meetings, which was given. 39
VI. CITY MANAGER REPORT 40
None. 41
VII. COMMENTS FROM THE PUBLIC 42
Joel Channing, 5520 PGA Boulevard, Palm Beach Gardens, thanked Councilmember Barnett 43
for her kind words about the meeting with Dr. Fishkind. The positive comments about the 44
beauty of the City were discussed. Mr. Channing suggested allowing people to have garage 45
apartments as part of the solution to the affordable housing issue. 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 4
05•15•08
Councilmember Russo stated that he and Vice Mayor Levy heard from a realtor that there are 1
over 20,000 houses in Palm Beach County that are under $200,000. 2
Roger Blangy, 11658 Hemlock Street, Garden Woods, Palm Beach Gardens, presented his 3
letter opposing the FEC Railroad crossing at Kyoto Gardens Drive and Alt A1A and 4
requesting that the installed equipment be returned and a refund issued to the City. 5
City Manager Ferris directed City Engineer Dan Clark to meet with Mr. Blangy and explain 6
the situation. 7
Pat Hughey, Reed Drive, Palm Beach Gardens, requested the Proclamation for National 8
Police Week be read aloud. 9
Suzanne Archer, 3187B Gardens East Drive, Palm Beach Gardens, asked if the City Attorney 10
had a clause in her contract stating a timeframe regarding resignation. Ms. Archer stated her 11
problems with Code Enforcement, permitting, contracting, and occupational licenses. Ms. 12
Archer stated her problem with a neighbor and her responsibility as realtor to ensure everyone 13
pays their fair tax. 14
Vice Mayor Levy stated permit fees following the hurricanes were suspended through a City 15
Council emergency action to help people get repairs done. 16
VIII. CONSENT AGENDA 17
a. Approve Minutes from April 3, 2008 workshop City Council meeting. 18
b. Approve Minutes from April 3, 2008 regular City Council meeting. 19
c. Approve Minutes from April 17, 2008 regular City Council meeting. 20
d. Resolution 37, 2008 – Mutual Aid Agreement. A Resolution of the City Council of the 21
City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law 22
Enforcement Agencies Mutual Aid Agreement, authorizing the Police Chief to execute 23
additional Agreements to effectuate the Mutual Aid Agreement, and providing an effective 24
date. 25
Motion 26
Vice Mayor Levy made a motion for approval of the Consent Agenda items a. through d. 27
Councilmember Russo seconded. Motion passed unanimously, 5-0. 28
Motion 29
Councilmember Russo made a motion for approval of item e. on the Consent Agenda, 30
Proclamation – National Police Week 2008. Vice Mayor Levy seconded. Motion passed 31
unanimously, 5-0. 32
e. Proclamation – National Police Week 2008 was read into the record. 33
Motion 34
Councilmember Russo made a motion for approval of item f. on the Consent Agenda, 35
Proclamation – Emergency Medical Services Week. Vice Mayor Levy seconded. Motion 36
passed unanimously, 5-0. 37
f. Proclamation – Emergency Medical Services Week was read into the record. 38
IX. PUBLIC HEARINGS 39
Part I – Quasi-judicial 40
Mayor Jablin announced the procedures that would be followed in tonight’s quasi-judicial 41
proceedings. The City Clerk swore in all those intending to offer testimony in any of tonight’s 42
public hearings. The City Clerk read Resolution 22, 2008 by title. 43
a. Resolution 22, 2008 – Development Order Amendment. A Resolution of the City Council 44
of the City of Palm Beach Gardens, Florida amending the Development Order for Donald 45
Ross Village Planned Unit Development (PUD), bounded by Donald Ross Road to the North, 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 5
05•15•08
Central Boulevard to the West, and Military Trail to the East, as more particularly described 1
herein, to eliminate certain conditions of approval related to the provision of shared parking; 2
providing conditions of approval; providing waivers; and providing an effective date. 3
Mayor Jablin opened the public hearing and requested ex parte communication on Resolution 4
22, 2008. Councilmember Russo reported a meeting with Andy Brock but did not discuss the 5
merits of Resolution 22, 2008. Mayor Jablin reported a meeting with Peter Brock a few 6
months ago, but nothing recent. 7
Marty Minor, Urban Design Studio, representing Donald Ross Village, explained the 8
evolution of the plaza and requested the shared parking requirement be lifted because the 9
project meets code. The City code requires 742 parking spaces and there are currently 770 10
spaces on-site. Mr. Minor requested the elimination of conditions 6 and 29 and modification 11
of condition 49 to eliminate past references that are no longer applicable. Working with staff 12
regarding restaurant parking, a mutually agreeable square footage that is consistent with the 13
City’s code is currently being used, which is 25 percent of the shopping center space, is a 14
maximum of 31,600.20 square feet and currently only 18,000 square feet is being used. City 15
staff is recommending approval. 16
Vice Mayor Levy inquired if the current parking is adequate. Marty Minor replied that it is. 17
Growth Management Administrator Kara Irwin stated a brief history of the project and since 18
the Development Program has been changed and the project is now within code and staff 19
recommends approval. 20
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or against 21
Resolution 22, 2008 come forward. With no one wishing to speak, Mayor Jablin closed the 22
public hearing and brought Resolution 22, 2008 back up to the Council for discussion. 23
Motion 24
Vice Mayor David Levy made a motion to approve Resolution 22, 2008. Councilmember 25
Barnett seconded. The motion was approved unanimously, 5-0. 26
The City Clerk read Ordinance 9, 2008 by title. 27
b. Ordinance 9, 2008 – (2nd reading and adoption) Klock property office building PUD. An 28
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to 29
rezoning; rezoning a parcel of land consisting of 3.01 acres, located on the North side of 30
Burns Road approximately 1,340 feet East of Military Trail, as described more particularly 31
herein, from Research and Light Industrial Park (M-1) zoning district to Planned Unit 32
Development (PUD) overlay with an underlying zoning district of Research and Light 33
Industrial (M-1) zooming district to be known as the Klock Property Office Building PUD; 34
providing revisions to the zoning district map; and providing an effective date. 35
Brian Cheguis, agent for the petitioner, stated there was no need to make a presentation 36
because nothing has changed since the initial presentation one month ago. All conditions have 37
been agreed to. 38
Mayor Jablin stated there is a For Sale sign on the property, inquired if the property is for 39
sale, which the petitioner did not answer. Mayor Jablin then asked if the petitioner actually 40
plans to build the building or get approval from Council and then sell it. Peter Cowie stated 41
that he would actually like to build the project and lease it. 42
Growth Management Administrator Kara Irwin described the property and requested waivers 43
and stated staff is recommending approval. The conditions have been agreed to. 44
Vice Mayor Levy suggested changing Code Section 78-153 Table 12 because it will be a 45
constant waiver for every redeveloped property in the City because none meet the 20 -acre 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 6
05•15•08
requirement. Growth Management Administrator Irwin stated it will be discussed later in the 1
evening. Growth Management Administrator Irwin also stated that City codes are geared 2
more for new development than re-development. 3
Mayor Jablin opened the public hearing requesting anyone wishing to speak for or against 4
Ordinance 9, 2008 come forward. With no one wishing to speak, Mayor Jablin closed the 5
public hearing and brought Ordinance 9, 2008 back up to the Council for discussion. 6
Motion 7
Vice Mayor David Levy made a motion to approve Ordinance 9, 2008. Councilmember Russo 8
seconded. The motion was approved unanimously, 5-0. 9
[Resolution 28, 2008 is a companion item to Ordinance 9, 2008 and will require council 10
action.] 11
The City Clerk read Resolution 28, 2008 by title. 12
Resolution 28, 2008 – Klock property office building PUD. A Resolution of the City Council 13
of the City of Palm Beach Gardens, Florida approving the Klock property office building 14
Planned Unit Development (PUD) to allow the development of one building consisting of 15
48,000 square feet of professional office use on 3.01-acre parcel, as described more 16
particularly herein; providing waivers; providing conditions of approval; and providing an 17
effective date. 18
Mayor Jablin opened the public hearing and requested ex parte communication, with none 19
declared. The petitioner has already given their presentation. Mayor Jablin requested anyone 20
wishing to speak for or against Resolution 28, 2008 come forward. With no one wishing to 21
speak, Mayor Jablin closed the public hearing and brought Resolution 28, 2008 back up to the 22
Council for discussion. 23
Motion 24
Vice Mayor David Levy made a motion to approve Resolution 28, 2008. Councilmember 25
Russo seconded. The motion was approved unanimously, 5-0. 26
The City Clerk read Resolution 36, 2008 by title. 27
c. Resolution 36, 2008 – Cimarron Cove Plat. A Resolution of the City Council of the City 28
of Palm Beach Gardens, Florida approving the Cimarron Cove Plat; and providing an 29
effective date. 30
Mayor Jablin opened the public hearing and requested ex parte communication, with none 31
declared. 32
Mayor Jablin requested anyone wishing to speak for or against Resolution 36, 2008 come 33
forward. 34
Carolyn Chaplik, 715 Hudson Bay Drive, Palm Beach Gardens, stated her concern at the 35
number of townhouses at Cimarron Cove being changed to apartments and increasing the 36
density. She inquired if the apartments would have to remain apartments in the future and not 37
be allowed to change to condominiums. That would help to provide affordable workforce 38
housing. 39
The City Council members commended Ms. Chaplik’s comments and stated they are duly 40
noted. Councilmember Russo requested Growth Management Administrator Irwin look into 41
Ms. Chaplik’s concerns. Growth Management Administrator Irwin stated Cimarron Cove has 42
a current application with the City to increase the density through the concurrency process. 43
There are limitations in the forbearance agreement. A letter was sent to the County advising 44
that the Comprehensive Plan states that only projects that meet the limitations are allowed to 45
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 7
05•15•08
use the PGA CRALLS. When the concurrency was re-evaluated the project was not allowed 1
to use the PGA CRALLS and a proactive approach is being taken to monitor any changes. 2
Mayor Jablin closed the public hearing and brought Resolution 36, 2008 back up to the 3
Council for discussion. 4
Motion 5
Vice Mayor David Levy made a motion to approve Resolution 36, 2008. Councilmember 6
Russo seconded. The motion was approved unanimously, 5-0. 7
Part II – Non-Quasi-judicial 8
Mayor Jablin announced the Evaluation and Appraisal Report (EAR)-based amendments and 9
stated there are sign-in sheets at the front table for residents to provide their names and 10
addresses. Interested parties will receive the date and publication of the Notice of Intent by 11
the Department of Community Affairs. Mayor Jablin requested those who intend to speak fill 12
out a comment card and give it to the City Clerk. 13
a. Evaluation and Appraisal Report based Amendments (EAR) – Based Amendment 14
Workshop. (City-initiated workshop to present the EAR-based Housing elements in the first 15
of two public workshop sessions; and to request discussion and direction from the City 16
Council. Both sessions will outline the Comprehensive Plan Goals, Objectives and Policies 17
staff recommends amending, and will include an executive summary of each element. 18
Planning Manager Nilsa Zacarias presented EAR-based Amendments and explained the 19
Comprehensive Plan and its importance. The short movie, Growing Together in the Gardens, 20
which showed the features and quality of life in Palm Beach Gardens was presented. 21
Mayor Jablin complimented the movie and stated it truly depicts life in Palm Beach Gardens. 22
Planning Manager Zacarias stated the need to maintain and improve Palm Beach Gardens as a 23
Signature City, including the need to bring in commercial projects as well as residential. 24
Methods for integrating the going green initiatives into the Comprehensive Plan must be 25
developed, the need for workforce housing and transportation must be addressed. The impact 26
of the Western areas must be considered when proposing annexation. Regulations for the Bio-27
science Research Protection Overlay must be adopted and develop a transit zoning overlay 28
development community-based planning process. Plan an architectural and cultural 29
preservation process. Senior Planner Stephen Mayer presented Coastal Management for 30
development and re-development. New policies will be added for hurricane, disaster 31
preparedness, post-disaster procedures and will enhance coordination efforts with the Palm 32
Beach County School Board and other County agencies for emergency management, 33
evacuation and post-disaster procedures. Public safety during evacuations to the coastal high-34
hazard area (CHHA) and hurricane vulnerability zone will be included per State requirement. 35
A map will be added to the Comprehensive Plan illustrating the noted areas. 36
Councilmember Barnett questioned the need for regulations for a transportation overlay 37
district. Senior Planner Mayer stated there will be a needs assessment. Councilmember 38
Barnett stated she would not like to see it included until it is decided if it is necessary. 39
Councilmember Barnett stated she wants to ensure that citizens are involved in updating the 40
Vision Plan and not just staff and City Council. Councilmember Barnett is not in favor of 41
adopting floor area ratios (FAR) because the ratios do not benefit the community and are a 42
tool for development. Councilmember Barnett questioned the reference to the Western 43
development and sustainable communities. Planning Manager Zacarias stated a vision for the 44
Western area is needed. The present land use regulation is not protecting the wetlands and 45
flow ways. Growth Management Administrator Kara Irwin stated they are trying to provide 46
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 8
05•15•08
policies that protect the natural resources. Vice Mayor Levy concurred on the Western 1
development and cited traffic and urban sprawl issues in Broward County and Miami -Dade 2
County. Clustering along Northlake Boulevard is a good idea. Vice Mayor Levy stated the 3
City is bicycle- and pedestrian-friendly and should become more so. Councilmember Russo 4
suggested smaller scooter lanes and that bringing Western areas into the City can be a 5
problem because of the need to provide services. Councilmember Russo would rather bring in 6
Eastern communities such as Crystal Point and Frenchmen’s Landing. Councilmember 7
Barnett agreed with Councilmember Russo. Councilmember Russo suggested a discussion 8
regarding the City expansion past Northlake Boulevard and incorporating pocket areas into 9
the City. Councilmember Premuroso is not in favor of expanding to the Western areas but is 10
in favor of the infill areas. Conflicts with North Palm Beach have been resolved except for 11
Lost Tree Village. Councilmember Russo suggested talking to Juno Beach because areas they 12
do not annex would then become available for Palm Beach Gardens and suggested 13
concentrating on infill areas. 14
Senior Planner Mayer stated staff is encouraging strategies to reduce demand on traffic 15
circulation and alleviating congestion through car pool incentives, parallel road systems, 16
multi-modal transportation and local transit coordination. Senior Planner Mayer explained 17
methods and goals and noted the direct link between public transit, land use, workforce 18
housing and economic development. Planning Manager Zacarias discussed affordable housing 19
for essential personnel with approximate incomes of $85,000 per year and also considered 20
housing focused on the senior population. Methods for achieving these goals were presented. 21
Rejuvenation of older neighborhoods was discussed. Councilmember Russo stated he agrees 22
with the concept of a coordinator for neighborhood enhancement, but funding is an issue at 23
this time. Councilmember Russo also agrees with providing incentives for redevelopment. 24
Planning Manager Zacarias announced the upcoming calendar dates for EAR review. 25
Mayor Jablin opened the workshop to comments. 26
Joan Elias, 1009 Diamond Head Way, Palm Beach Gardens, suggested annexing the pockets 27
into the City and stated she is against Western expansion because those areas have problems 28
that the City does not need. 29
Pat Hughey, Palm Beach Gardens, agreed with annexing the pockets into the City but 30
disagrees with Western expansion. Ms. Hughey stated there are no playgrounds between Plant 31
Drive and Northlake Boulevard. 32
Vice Mayor Levy stated he would like to annex Mecca Farms, should it ever become 33
available, so the City would have control over it. 34
X. RESOLUTIONS 35
None. 36
XI. ORDINANCES (For Consideration on First Reading) 37
None. 38
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION 39
Councilmember Russo asked Growth Management Administrator Irwin for a status on the 40
building height issue. Growth Management Administrator Irwin stated it will go before the 41
Planning, Zoning and Appeals Board in June and will come before City Council in July and 42
August. There is one comprehensive Ordinance that will adopt both the residential and non-43
residential building height limitations. 44
Vice Mayor Levy suggested rotating liaisons to the interior boards. 45
XIII. CITY ATTORNEY REPORT 46
None. 47
CITY OF PALM BEACH GARDENS REGULAR COUNCIL MEETING PAGE 9
05•15•08
XIV. ADJOURNAMENT 1
There being no further business to come before the Council, Councilmember Premuroso made 2
a motion to adjourn. Councilmember Russo seconded. Motion carried unanimously, 5-0. The 3
meeting was adjourned at 9:46 p.m. The next regularly scheduled City Council meeting will 4
be held June 5, 2008. 5
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APPROVED: 7
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Eric Jablin, Mayor 12
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David Levy, Vice Chair 17
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Joseph R. Russo, Councilmember 22
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Jody Barnett, Councilmember 27
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Robert G. Premuroso, Councilmember 32
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ATTEST: 37
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Patricia Snider, CMC 42
City Clerk 43
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Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim 46
transcripts of the meeting. A verbatim audio record is available from the Office of the City Clerk. 47
All referenced attachments are on file in the Office of the City Clerk. 48
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 21,2008
Meeting Date: July 17,2008
Resolution: 45,2008
SubjectlAgenda Item: Approve an Interlocal Agreement with Solid Waste Authonty of Palm Beach
County for the Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal
Recycling Program
[XI Recommendation to APPROVE I ] Recommendation to DENY
Reviewed by:
City
------
Community Services
Administrator
Department Administrator
Apw ,-
city &der
Operations Director
Community Services
Department
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
fij Notified
[ ] Not required
Costs:$ -0-
(Total)
Funding Source:
[ x ] Operating
[ ]Other
Budget Acct.#:
NU
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 45, 2008
0 Exhibit A: Agreement
[ ]None
Date Prepared: May 21,2008
Meeting Date: July 17,2008
Resolution: 45,2008
BACKGROUND:
The Solid Waste Authority of Palm Beach County (“Authority”) provides a County-
wide program for the management and control of solid waste processing and
disposal in accordance with all applicable laws and regulations.
In February 2004, City Council approved an interlocal agreement with the Authority
for Municipal Recycling, which was followed by a separate interlocal agreement in
September 2004 for municipal solid waste disposal services. These agreements
specify that such solid waste and recycling materials collected by or on behalf of the
City is disposed at a facility operated or permitted by the Authority. (Tipping rates or
recycling rates are not established in such agreements.)
The current interlocal agreement for the delivery of municipal solid waste will expire
on September 30, 2010, and the interlocal agreement for recycling will expire on
September 30,2008. The proposed agreement combines both existing agreements,
and outlines current recycling processes. If approved, the proposed agreement will
expire September 30, 2013 and may be renewed for a five (5) year period upon
mutual agreement.
STAFF RECOMMENDATION:
Approve Resolution 45, 2008 as presented.
Date Prepared: June 11, 2008
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RESOLUTION 45,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM
BEACH COUNTY FOR THE DELIVERY OF MUNICIPAL SOLID
WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL
RECYCLING PROGRAM; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Solid Waste Authority of Palm Beach County provides a County-
wide program for the management and control of solid waste processing and disposal in
accordance with all applicable laws and regulations; and
WHEREAS, the City’s current interlocal agreements for the Delivery of Municipal
Solid Waste will expire on September 30, 2010, and the Municipal Recycling Program
will expire on September 30, 2008; and
WHEREAS, this interlocal agreement will specify that all solid waste collected by
or on behalf of the City is disposed at a facility operated or permitted by the Authority,
and recycled materials shall be delivered to Authority-designated facilities that are
collected by or on the behalf of the City; and
WHEREAS, the proposed agreement will expire September 30, 2013, and may
be renewed for a five (5) year period upon mutual agreement; 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 City Council of the City of Palm Beach Gardens hereby
approves the Interlocal Agreement with the Solid Waste Authority of Palm Beach
County for the Delivery of Municipal Solid Waste to Designated Facilities and for a
Municipal Recycling Program, attached as Exhibit “A, and authorizes the Mayor to
execute the lnterlocal Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: June 11 2008
Resolution 45, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Eric Jablin, Mayor
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
G:\attorney-share\RESOLUTlONSbwa interlocal reso 45 2008.docx
2
Date Prepared: June 11, 2008
Resolution 45. 2008
EXHIBIT “A”
December 6,2007
Director Mr. Mike Morrow, Director
Dept. of Public Works
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Fla. 33410
Re: New combined Interlocal Agreement
Dear Mr. Morrow,
The Solid Waste Authority appreciates the support shown by our municipal partners providing for a
comprehensive and environmentally sound disposal system for all residents of Palm Beach County. Our
invaluable partnership provides a great plan which helped us process more than two (2) million tons of
solid waste and vegetative debris as well as 138,000 tons of recyclables last Fiscal Year.
To this point, we have received your written commitment in the form of two Interlocal Agreements (ILA).
One is a Recycling Interlocal Agreement that expires in 2008 and the other is the Delivery of Municipal
Solid Waste to a Designated Facility expiring in 2010. For housekeeping purposes only, modifications to
the language in this new ILA include page two (sections 1 & 2) stating the documents are now combined
and page five (section 11,13 & 14) addresses the handling of recyclable materials today which was not
addressed in your present Recycling ILA because our recycling operations have changed.
Please find enclosed three copies of the new ILA that will replace the present Interlocal Agreement you
now have on file with the Solid Waste Authority. Once completed, please return all three originals to our
office to the attention of Linda Hodgkins. Intergovernmental Affairs.
A fully executed original will be retuned to you for your files. We will keep one copy for our files and
the last document will be forwarded to the Clerk of the Courts office.
If you would notify me directly at 640-4000 Ext. 4404 when this document will be ready to go on your
Council agenda for approval, this would be helpful to me for tracking purposes and much appreciated.
Please feel free to contact me with any questions or concerns. As always, thank you for your assistance
and support.
Sincerelv.
I Linda S.
Encls. 3 copies
7501 North Jog Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400 Rrcy-licl Fipt
INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE
TO DESIGNATED FACILITIES ANI) FOR A MUNICIPAL RECYCLING PROGRAM
THIS AGREEMENT, made and entered into this -day of , 2008 by
and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter
called “Authority”, and the CITY OF , a municipal corporation, chartered
and organized in accordance with the laws of the State of Florida, hereinafter called “CITY”.
WITNESSETH:
WHEREAS, the Authority has been empowered by law to carry out the powers,
obligations and requirements in Palm Beach County, Florida, prescribed to a “county” pursuant
to the provisions of Chapter 403, Part IV, Florida Statutes; and
WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into
Interlocal Agreements with municipalities to establish recycling programs and carry out
recycling activities; and
WHEREAS, the CITY desires to work in cooperation with the Authority to continue a
municipal recycling program toward achievement and maintenance of the State recycling goal
and the requirements of Chapter 403, Part IV, Florida Statutes; and
WHEREAS, in addition, the CITY provides for the collection of solid waste from the
residents and businesses and residential recyclables within its boundaries and recognizes the
need for safe and sanitary processing and disposal of solid waste and residential recyclable
materials; and
WHEREAS, the CITY wishes to participate in a coordinated County-wide program for
the management of hazardous waste and control of solid waste processing and disposal and
residential recycling participation in cooperation with federal, state, and local agencies
responsible for the prevention, control, or abatement of air, water, and land pollution; and
WHEREAS, the CITY together with Palm Beach County recognizes the need to plan
and develop an adequate solid waste and residential recycling system for the benefit of all the
residents of Palm Beach County.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit
of the CITY, its constituents and the Authority, it is agreed as follows:
1. The purpose of this Agreement is to set forth the terms and conditions for the delivery of
municipal solid waste to designated facilities and for the operation of a recycling program
between the Authority and the CITY in this combined agreement which upon execution
by both parties shall automatically rescind the “Interlocal Agreement for Municipal
1
Recycling and Grant Management” set to expire on September 30, 2008 and the
“Interlocal Agreement for Delivery of Municipal Solid Waste to a Designated Facility”
expiring on September 30, 2010 previously entered into by the parties and shall become
effective upon filing with the Clerk of the Courts in accordance with Chapter 163,
Florida Statutes.
2. The CITY agrees that all solid waste and residential recyclables collected by or on behalf
of the CITY shall be disposed of at an Authority operated facility or Authority permitted
facility (“designated facilities”), in accordance with this Agreement.
3. The CITY agrees to cooperate with the Authority to provide all necessary and required
information to the Authority in a timely manner so that it can be determined if the
CITY’S solid waste and residential recyclables are being delivered to a designated
facility.
4. The Authority agrees to maintain its disposal facilities to ensure adequate capacity for the
CITY’S waste and residential recyclables to operate within all applicable local, state and
federal environmental guidelines.
5. Compliance with Zoning Ordinances
Any transfer andor disposal of solid waste and recyclable materials shall be undertaken
in a location suitable and adequate for such activity and shall comply with all local
zoning ordinances and any other applicable local and state statutes, ordinances and
regulations.
6. Waste Disposal Reauirements
All solid waste and residential recyclables collected by or on behalf of the CITY shall be
disposed of at an Authority operated or permitted facility in accordance with the criteria
established for acceptance of loads deemed suitable for processing at the designated
facilities.
7. Collection of Source-Separated Recyclable Material
A. Residential
Individual residentshomeowners shall be encouraged by the CITY to separate
their solid waste into recyclables and nonrecyclables. Each residential unit or
combination of units will receive the appropriate type and number of reusable
containers, in accordance with the countywide recycling program, into which
Recyclable Materials will be deposited.
Commingled Recyclable Materials shall mean: aluminum cans, foil and pans;
aseptic containers; gable-topped containers; glass bottles and jars (green, brown
and clear); and plastic containers # 1 - #7 (except Styrofoam). Commingled
2
recyclables will be deposited into one of the appropriately designated reusable
containers.
Fiber Recyclable Materials shall mean: newspapers (including inserts);
magazines and catalogs; phone books; corrugated cardboard; and kraft bags.
Fiber Recyclable Materials shall be placed loose in the other appropriately
designated reusable container.
Corrugated cardboard shall be cut to an acceptable size and flattened, and for
curbside residents, shall be set beside or in the same reusable container as the
Fiber Recyclable Material. Residents receiving containerized service may receive
a separate container to be used for the collection of Corrugated cardboard.
The Authority retains the right to modify the manner in which materials are set
out for collection with proper notice to the CITY. Notice for a substantial change
in collection method shall be no less than one year.
B. Commercial
Individual businesses shall be encouraged by the CITY to separate their solid
waste into two categories: recyclable and non-recyclable. Businesses contracting
for services will arrange with their service provider to receive one or more
containers into which recyclable material may be deposited. Acceptable materials
for commercial recycling shall include: Commingled Recyclable Materials,
Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office
Paper and any other materials agreed to in writing by the CITY and the Authority.
Commercial recyclable materials shall be sorted by the business by type and
placed in separate containers. Corrugated Cardboard, Sorted White Ledger,
Mixed Paper and Sorted Office Paper as more specifically defined as follows shall
be prepared for collection in accordance with the collection standards below:
(1) Sorted White Ledger - white ledger or computer printout paper. Dry and
flee of contaminants.
(2) Sorted Office Paper - office paper including letterhead, computer paper,
legal paper, loose-leaf paper, copy and typing paper.
(3) Cormnated Cardboard - containers having liners of either test liner, jute,
or kraft.
(4) Mixed Paper - a mixture of various types and grades of paper including
but not limited to: all ofice paper, colored paper, corrugated cardboard,
envelopes (excluding envelopes with cellophane windows), junk mail,
kraft bags, magazines, and catalogs. Mixed Paper does not include tissue
or towel type paper.
3
8. Commercial RecyclinP Revenue Share
As a fhther incentive for the CITY to actively pursue commercial recycling, the
Authority and the CITY may enter into a separate agreement to provide for payment to
the CITY for all acceptable loads of agreed upon commercial Recyclable Materials.
Types of commercial Recyclable Materials eligible for payment shall be determined by
the Authority.
9. Transportation and Esuipment
The CITY shall be responsible for having collected Recyclable Materials transported to a
designated facility, including, but not limited to, the Authority's Residential Materials
Recycling Facility (RMRF), the Authority's Commercial Materials Recycling Facility
(CMRF), one of five transfer stations, a Private Commercial Materials Recycling Facility
(PCMRF) or any other sites designated by the Authority for recycling. The Authority or
its contractor shall receive, process, dispose of and/or recover all Recyclable Materials
delivered by or on behalf of the CITY, at no charge to the CITY, except for unacceptable
loads as described below. Collection equipment must be of a type to provide for rear,
side or front unloading and may be compartmentalized or in separate vehicles.
10. Improperly Prepared Recyclable Materials
When a collector's crew encounters improperly prepared materials or non-recyclable
items, they must follow this procedure:
A. The collector shall pickup all Recyclable Materials except for those contaminated
by non-recyclable material or those which cannot be safely retrieved from the
reusable containers. Improperly sorted materials or contaminated materials will
be left in the reusable containers or temporarily removed and returned to the
reusable containers. The collector shall leave an Authority and/or CITY approved
form on the material or in the container. The form will notify the resident or
business that material has not been properly sorted, and will provide information
on how to contact the CITY or Authority recycling coordinator for Wher
information. Upon request of the CITY, the Authority will provide rejection
procedure training for the route drivers. The Authority and the CITY will consult
and evaluate the extent of the need for such training, which shall be provided by
the Authority.
As a means of strengthening the CITY's ability to have its collector fulfill the
CITY's recycling needs, the CITY agrees to notifj and consult with the Authority
when preparing the CITY's future request for collection franchise bids.
B. It shall be the responsibility of the CITY or its collector to contact residents or
businesses that repeatedly place improperly sorted materials in their designated
container and inform and encourage them to properly sort materials. If the
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problem persists, the CITY shall noti@ the Authority, who shall then assist the
CITY in resolving the problem.
1 1. Recycling Containers
The Authority shall provide yellow and blue eighteen (18) and ninety-six (96) gallon
recycling containers. The yellow and blue colors reflect a consistent educational
advertising effort through TV commercials, newsprint, radio, mailer, or other source. It is
the CITY’S responsibility to make sure it or its collection contractor has equipment
compatible to provide proper collection of these recycling containers without damage.
The CITY or its collection contractor shall be responsible for replacement of any
recycling container(s) damaged during service at no additional cost to the Authority.
12. Compliance with Zoning Ordinances
Any transfer andor storage of the Recyclable Materials shall be undertaken in a location
suitable and adequate for such activity and shall comply with all local zoning ordinances
and any other applicable local and state statutes, ordinances and regulations.
The CITY further agrees to use its best efforts to amend or modify its appropriate zoning,
building, or land development code to require new multi-family or commercial
developments to provide adequate space for recycling containers.
13. Unacceptable Materials
Criteria have been established for acceptance of loads deemed suitable for processing at
designated facilities. If the load contains in excess of 12% non-recyclable materials by
volume, the receiving facility will reject the load. The CITY or its contractor will be
charged the actual disposal cost and a $250.00 processing fee for any rejected load due to
contamination or equipment mechanical failure. The Authority will notify the CITY
immediately of a contaminated load. If the problem of unacceptable loads persists, (more
than two times in a month) the Authority may elect to monitor the route for proper sorting
and tagging procedures, and/or make recommendations to the CITY.
14. Promotion and Education Responsibilities
The Authority will provide recycling binshontainers and assist in promoting and
educating residents within the CITY in an effort to work together and increase recyclable
tonnages.
15. Deliverv of Collected Material
The CITY agrees that it shall require that all Recyclable Materials separated fiom the
normal waste stream that are collected by or on behalf of the CITY shall be delivered to
designated facilities. The Authority may, from time to time, undesignate a facility. The
CITY will take such action as is necessary and available to ensure against and prevent
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scavenging and unauthorized removal of such recyclables within the jurisdiction of the
CITY.
16. Term
This Agreement shall begin on the date herein above and continue through September 30,
2013, and may be renewed for a period of five (5) years upon mutual agreement.
Notwithstanding termination, any rights or duties imposed by law shall remain in effect.
This Agreement may be modified only by the written consent of both parties; or
terminated by either party upon one hundred twenty days (120) days written notice to the
other. The effective date of termination will be the last day of the fiscal year in which the
notice was given,
17 Change in Law
In the event any change in law abrogates or modifies any provisions or applications of
this Agreement, the parties hereto agree to enter into good faith negotiations and use their
best efforts to reach a mutually acceptable modification of this Agreement.
18. Notices.
All formal notices affecting the provisions of this Agreement shall be delivered in person
or be sent by registered or certified mail to the individual designated below, until such
time as either party furnishes the other party written instructions to contact another
individual.
For the Authority:
Solid Waste Authority of Palm Beach County
For the CITY:
City of Palm Beach Gardens
iosoo N. Military Trail
Palm Beach Gardens, FL 33410
Attention Public Works Director
7501 North Jog Road West Palm Beach, Florida 33412
Attention: Executive Director
19. If any clause, section, or provision- of this Agreement shall be declared to be
unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or
negated by a change in law, the same shall be eliminated from this Agreement, and the
remaining portion of this Agreement shall be in full force and effect and be valid as if
such invalid portions thereof had not been incorporated herein.
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year first above written:
As to the Authority:
WITNESSES: SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
ATTEST:
ATTEST:
(Affix Municipal Seal)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Legal Counsel
Solid Waste Authority of Palm Beach County
Date:
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Mark Hammond, Executive Director
SOLID WASTE AUTHORITY OF
PALM BEACH COUNTY
Sandra J. Vassalotti, Clerk to the Authority
As to the CITY:
APPRPVED AS TO FORM
Date:
C
inmasing communication skills, building self .esteem,
pkaces for enjoyment; and 4
mavation pmgrams boost the economy, enhance property
trqt new busit&, incrslipe . towism,andrazuCeaime;and
family &y, strengthens neigbMd i&Mmeni
PI
romotes @turd dwersity;and
c 4
c( @ mai- clam air and water, preserve plant and.animd wildlife, and
'6 >
4
tic ree7eotion and leisure educatio~ are essential to
!he &habilitation of who have bewr ill or disabled; and
Parks and Recreation Association qnd the Florida Pdds
Juiy as Park and Recreation Month;
P P
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 10,2008
Meeting Date: July 17,2008
Resolution 41,2008
Subject / Agenda Item:
Resolution 41, 2008:
Expansion
Consideration of Approval: A request by Donaldson Hearing, on behalf of Christ Fellowship
Church, LLC, for approval of the public art for the Christ Fellowship North Campus Planned
Unit Development (PUD) expansion, located on the north side of Northlake Boulevard
approximately one mile west of Military Trail.
Art in Public Places - Christ Fellowship North Campus
[ X ] Recommendation to APPROVE with one waiver
[ ] Recommendation to deny
Reviewed by:
Iw:
ax ohman
Development Compliance
Manager: + Bahar h Wolfs, AICP
Kara Irwin, AICP
Originating Dept.:
Growth Mrd
Project
Manager
Nina Nikolova
Planning Specialist
Advertised: NIA
Date:
Paper:
[XI Not Required
I
Affected parties:
[ ]Notified
[XI Not Required
FINANCE: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ 3 Operating
[XI Other NA
Budget Acct.#:
[ ]None
AIPP Board Action:
[ ] Rec. approval
[ 3 Rec. app. wl conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
0 Resolution 4 1, 2008
Narrative
Budget Breakdown
Artist's Resume
AIPP Location AIPP
Elevation
Maintenance Plan
AIPP Escrow Letter
Date Prepared: June 10,2008
Meeting Date: July 17,2008
Resolution 41,2008
EXECUTIVE SUMMARY
The subject request is for approval of the Art in Public Places for the Christ Fellowship
North Campus Planned Unit Development (PUD) expansion. The proposed public art
would be installed in the area between Buildings C and D. The applicant is proposing an
artwork by Richard Carver. The art consists of a globe shaped “Absolute Black Granite”
4-fOOt 1 l-inch sphere that floats on a thin film of water above a round stone “Tittlinger
Granite” base. The base is surrounded by a stained, slip resistant concrete in a 20-foot
diameter pattern. The inscription “Impacting Our World” will surround the base of the
globe. In addition, compass points of North, South, East and West will be included in the
outer ring. The applicant has stated that in the case of a hurricane the water will be shut
off and the 10,000 pound sphere will drop into the base, where it will remain well
secured. The applicant has stated that there will be lights on the building entrance
adjacent to the art that would provide ambient lighting for the art, but the applicant is not
proposing any lights directly associated with the art. Therefore, the applicant is
requesting a waiver not to have lights associated with the art, and not to have any lights
illuminating the art from 10 pm until midnight, as they have an agreement with nearby
neighbors to dim the lights after 10 pm. The Art in Public Places (AIPP) Advisory Board
recommended approval of the proposed art on May 20, 2008, by a 6-0 vote. Staff
recommends approval of Resolution 41,2008 with two conditions and one waiver.
BACKGROUND
On November 10, 1997 the City Council adopted Ordinance 20, 1997, for the master site
plan approval of the Christ Fellowship North Campus PUD. On July, 15, 1999, adopted
Ordinance 23, 1999, approving the amendment to the elevations and floor plans of
buildings A, B, and C. Furthermore, on November 17, 2005, the City Council adopted
Ordinance 18, 2005, Resolution 83, 2005, which approved the incorporation of 20 acres
into the Christ Fellowship North Campus to allow for the 159,180-square-foot expansion.
DISCUSSION
Dave Kush representing the owner of the property appeared before the Art in Public
Places Advisory Board for a workshop on March 18, 2008, and for a final
recommendation to the City Council on May 20,2008.
In accordance with Section 78-26 1 (d) of the Land Development Regulations entitled
Requirements for art or fee in Zieu of art, all budgets for new construction of private and
public developments, except city projects, shall include one percent (1%) of the total
budget for vertical construction equal to or greater than $1,000,000.00 as a fee for art in
public places. The subject fee shall be utilized by the developer for the provision of
artwork on the project site, or the developer may choose to contribute one percent (1%)
of the total vertical construction costs directly to the City for the provision of art on
public property.
Under the provisions of Section 78-261 (d)( 1)a. 1. of the City’s Land Development
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Date Prepared: June 10,2008
Meeting Date: July 17,2008
Resolution 41,2008
Regulations entitled Deposit offunds, prior to the issuance of a building permit the
petitioner is required to place $122,400 into an escrow account, which represents an
estimate of one (1%) percent of the estimated total cost of vertical construction on site.
The applicant has placed $42,400 with the City and $80,000 with their attorney. The
budget for the proposed AIPP program is $159,000 (please see the attached project
budget breakdown and escrow letter).
PROPOSED ART IN PUBLIC PLACES
The applicant is proposing an artwork by Richard Carver (please see attached artist
resume). The art consists of a globe shaped “Absolute Black Granite” 4-foot 1 1-inch
sphere that floats on a thin film of water above a round stone “Tittlinger Granite” base.
The base is surrounded by a stained, slip resistant concrete in a 20-foot diameter pattern.
The inscription “Impacting Our World” will surround the base of the globe. In addition,
compass points of North, South, East and West will be included in the outer ring (please
see attached images and location plan). The applicant has stated that in the case of a
hurricane the water will be shut off and the 10,000 pound sphere will drop into the base,
where it will remain well secured.
PROPOSED LOCATION FOR ART
The applicant is proposing one (1) location for the public art:
1. The sculpture is placed in the area between Buildings C and D.
The proposed location is consistent with Land Development Regulations Section 78-262
as follows:
0 Visibility: The proposed public art location takes the design of the site into
account, so that the public can receive the most enjoyment and benefit from the
art. The site has landscape buffers along Northlake Boulevard for screening
purposes which do not allow for sufficient areas for placement of the art in order
to be visible from Northlake Boulevard. Therefore, the best location for the art is
within the site. The art is integrated into the site and is located in a pedestrian
oriented area.
Illumination of art waiver
Section 78-262 (d) of the City Code requires that the art be lighted from dusk until
midnight. However, the applicant is requesting not to provide lighting associated with
the art, and not to have any lights illuminating the art from 10 pm until midnight.
Therefore, the applicant is requesting the following waiver:
3
Date Prepared: June 10,2008
Meeting Date: July 17,2008
Resolution 41,2008
1 CityCode Code Criteria Requested Staff
Section 78-262,
Recommendation
Artwork shall be lighted No lighting
1. Section 78-262 (d) of the City Code - Waiver to permit no lighting associated
with the art.
Standards for
artwork. (d)
Applicant’s Justification:
at a minimum from dusk associated Approval (1)
until midnight with the art
Section 78-262 (d) of the City Code requires that the art be lighted from dusk until
midnight. The applicant has stated that they have an agreement with the neighborhoods
that surround them that require the applicant to dim the lights by 10 pm. The applicant
has stated that there will be lights on the building entrance adjacent to the art that would
provide ambient lighting for the art, but the applicant is not proposing any lights directly
associated with the art.
Staff Analysis:
Staff has evaluated the applicant’s request and has determined that it is justified. The
Christ Fellowship Campus is within a residential area, and the intent is for the project to
be as unobtrusive to the nearby residential neighborhoods as possible. Staff understands
that the activity on the campus will be mainly during the day when visitors will be able to
see and enjoy the art. Staffhas no objection to this waiver request.
ART IN PUBLIC PLACES ADVISORY BOARD
Dave Kush representing the owner of the property appeared before the Art in Public
Places Advisory Board for a workshop on March 18, 2008, and for a final
recommendation to the City Council on May 20, 2008. The AIPP Board approved the
proposed art in a 6-0 vote.
STAFF RECOMMENDATION
Staff is recommending APPROVAL of Resolution 41, 2008, with one waiver, and with
the following conditions of approval:
1. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning and Zoning)
2. Prior to the acceptance of the art for the Christ Fellowship North Campus, the
Applicant shall submit a copy of its corporate logo and any mission statement
4
Date Prepared: June 10,2008
Meeting Date: July 17,2008
Resolution 41,2008
of its organization, with authorization for the City to use such information in future
publications. The artist name, title of artwork, and description shall be included.
(Planning and Zoning)
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FOSTER & Fucws, PA.
ATTORNEYS AT LAW
June 13,2008
Hruva DELMERY
Mr. Doug Wise, Building Official
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
W: Christ Fellowship ChurcWArt in PubIic Places Escrow
Dear Mr. Wise:
This firm servm as general counsel to Christ Fellowship Church, hc.
This Itflrer shall confirm that the sum of Eighty Thousand ;uLd Nol100 Dollars
(SSO,ooO.oO) was deposited in this firm's mt account for the knefit of Christ FeIIowsbip
Church, 5343 Northiake Badevard, Palm Beach Gardens, Florida 33418 pursuant to the request
of the City of Pahi Beach Gardens, Florida. Please be advised that these funds will not be
released from escrow without the written consent of the City of Palm Beach Gardens, Florida.
It is our undemanding that in addition to the esc monies deposited with our iii, that
the Church tux9 deposited a total of Forty Two Thousand Four Hundrsd and Nd100 Dollars
($42,400.00) with the City relative to Building Permit Nos. BCUM-06-08-000085 ($4O,ooO) and
BCOM 08-04-025863 ($2,400).
Please call or write if you have any questions.
JFFI
Cc: Bahareh Wolfs, Development Compliance, PBC
Nina Nikolova, Planning Specialist, PBG
Date Prepared: June 10, 2008
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RESOLUTION 41,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR THE CHRIST FELLOWSHIP NORTH CAMPUS
PLANNED UNIT DEVELOPMENT (PUD), AS DESCRIBED MORE
PARTICULARLY HEREIN; PROVIDING A WAIVER; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
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, the City received a request from Donaldson Hearing on behalf of
Christ Fellowship Church for approval of the public art for the Christ Fellowship North
Campus Planned Unit Development (PUD), generally located on the north side of
Northlake, approximately one mile west of Military Trail, as more particularly described
herein; and
WHEREAS, on November IO, 1997, the City Council adopted Ordinance 20,
1997, thereby approving the master site plan for the Christ Fellowship North Campus
PUD; and
WHEREAS, on July 15, 1999, the City Council adopted Ordinance 23, 1999,
thereby approving an amendment to the elevations and floor plans for Buildings A, B,
and C; and
WHEREAS, on November 17, 2005, the City Council adopted Ordinance 18,
2005, and Resolution 83, 2005, thereby approving the incorporation of 20 acres into the
Christ Fellowship North Campus PUD to allow a 159,180-square-foot expansion; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Art in Public Places Board reviewed the petition (AIPP-08-02-
000019) at its May 20, 2008, public hearing and recommended approval by a vote of 6-
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
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Date Prepared: June 10, 2008
Resolution 41, 2008
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed Art in Public Places
for the Christ Fellowship North Campus Planned Development Unit (PUD) which is
located on the following described real property:
LEGAL DESCRIPTION
THE EAST 653.87 FEET OF THE WEST 693.87 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88’30’27’’ EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE
NORTH 1’57’07” EAST ON A LINE PARALLEL TO AND 40 FEET EAST OF THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE
OF 1332.88 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14, SAID LINE ALSO BEING THE
SOUTH LINE OF THE GARDENS HUNT CLUB AS RECORDED IN PLAT BOOK 59,
PAGES 162 THROUGH 165, INCLUSIVE, PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 88’25’09” EAST ALONG SAID LINE, A DISTANCE OF 653.88 FEET
TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 14; THENCE SOUTH 1O57’07” WEST ALONG SAID
LINE, A DISTANCE OF 1331.87 FEET TO THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 14; THENCE NORTH 88’30’27” WEST ALONG SAID
SOUTH LINE, A DISTANCE OF 653.89 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING TWO (2) PARCELS CONVEYED TO PALM BEACH COUNTY
F 0 R R I G HT-0 F-WAY P U RP 0 S E S
(1) A PORTION OF LAND LYING WITHIN THE EAST 653.87 FEET OF THE WEST
693.87 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY AS FOLLOWS:
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Date Prepared: June 10, 2008
Resolution 41, 2008
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SECTION
DRIVE AND THE POINT OF BEGINNING OF THIS HEREIN DESCRIBED PARCEL OF
LAND; THENCE CONTINUE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF
SAID SECTION 14, A DISTANCE OF 25.20 FEET; THENCE NORTH 43’16’40” WEST, A
14, A DISTANCE OF 40.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF HUNT CLUB
DISTANCE OF 35.50 FEET TO THE EAST RIGHT-OF-WAY LINE OF HUNT CLUB
DRIVE; THENCE SOUTH 1’57’07” WEST ALONG THE EAST RIGHT-OF-WAY LINE OF
HUNT CLUB DRIVE, A DISTANCE OF 25.20 FEET TO THE POINT OF BEGINNING.
(2) A PORTION OF LAND LYING WITHIN THE EAST 653.87 FEET OF THE WEST
693.87 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE 88’30’27” EAST ALONG THE SOUTH LINE OF SECTION 14, A
DISTANCE OF 286.43 FEET TO THE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 88’30’27” EAST
ALONG THE SOUTH LINE OF SAID SECTION 14, A DISTANCE OF 393.45 FEET;
THENCE NORTH 58’48’49 WEST, A DISTANCE OF 28.26 FEET TO A POINT 14.00
FEET NORTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF
SECTION 14, THENCE NORTH 88’30’27” WEST ALONG A LINE 14.00 FEET NORTH
OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SECTION 14, A
DISTANCE OF 361.85 FEET; THENCE SOUTH 28’14’36” WEST, A DISTANCE OF
15.68 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS
THE NORTH 691 .I 1 FEET THEREOF AND LESS THE WEST 693.87 FEET THEREOF,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SAID
SECTION 14, A DISTANCE OF 693.89 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 88’30’27” EAST ALONG THE SOUTH LINE OF SAID SECTION 14,
A DISTANCE OF 632.30 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER
OFTHE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 1’50’07”
EAST ALONG SAID EAST LINE, A DISTANCE OF 639.77 FEET TO A LINE 691.11
FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 14; THENCE NORTH 88’25’09 WEST
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ALONG SAID LINE, A DISTANCE OF 631.00 FEET TO A LINE 693.87 FEET EAST OF
THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14; THENCE
SOUTH 1’57’07” WEST ALONG SAID LINE, A DISTANCE OF 640.75 FEET TO THE
POINT OF BEGINNING.
TOGETHER WITH:
THE NORTH 691.11 FEET LESS THE WEST 693.87 FEET OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA; THENCE NORTH 1’57’07” EAST ALONG THE WEST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 14, A DISTANCE OF 1332.94 FEET TO
THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 14, SAID LINE ALSO BEING THE SOUTH LINE OF THE GARDENS
HUNT CLUB AS RECORDED IN PLAT BOOK 59, PAGES 162 THROUGH 165, PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 88’25’09 EAST ALONG SAID LINE, A
DISTANCE OF 693.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 88’25’09 EAST ALONG SAID LINE, A DISTANCE OF 629.59 FEET TO THE
EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 14; THENCE SOUTH 1°50’07” WEST ALONG SAID EAST LINE, A
DISTANCE OF 691 .I 1 FEET TO A LINE 691 .I 1 FEET SOUTH OF THE NORTH LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
14; THENCE NORTH 88”25’09 WEST ALONG SAID LINE, A DISTANCE OF 631.00
FEET TO A LINE 693.87 FEET EAST OF THE WEST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 14; THENCE NORTH 1 ‘57’07” EAST ALONG SAID LINE,
A DISTANCE OF 691 .I2 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING TWO (2) ADDITIONAL PARCELS CONVEYED TO PALM
BEACH COUNTY FOR RIGHT-OF-WAY PURPOSES:
(1) A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, THENCE SOUTH
88’30’27” EAST ALONG THE SOUTH LINE OF SECTION 14, A DISTANCE OF 679.89
FEET TO THE SOUTHEAST CORNER OF TRACT C ACCORDING TO THE
BOUNDARY PLAT OF PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 82, PAGES 171
AND 172, SAID SOUTHEAST CORNER OF TRACT C BEING THE POINT OF
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Resolution 41, 2008
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BEGINNING; THENCE NORTH 58’48’49” WEST ALONG THE EAST BOUNDARY
LINE OF TRACT C, A DISTANCE OF 28.26 FEET TO A POINT BEING 14.00 FEET
NORTH OF THE SOUTH LINE OF SECTION 14; THENCE SOUTH 88’30’27” EAST
ALONG A LINE 14.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
SECTION 14, A DISTANCE OF 670.94 FEET TO THE EAST LINE OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14;
THENCE SOUTH l”50’07” WEST ALONG AFORESAID EAST LINE, A DISTANCE OF
14.00 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION
14; THENCE NORTH 88”30’27” WEST ALONG THE SOUTH LINE OF SECTION 14, A
DISTANCE OF 646.31 FEET TO THE POINT OF BEGINNING.
(2) A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 14,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST, THENCE SOUTH
88’30’27” EAST ALONG THE SOUTH LINE OF SECTION 14, A DISTANCE OF 65.20
FEET TO THE SOUTHEAST CORNER OF TRACT A ACCORDING TO THE
BOUNDARY PLAT OF PALM BEACH GARDENS CHRIST FELLOWSHIP CHURCH
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 82, PAGES 171
AND 172, SAID SOUTHEAST CORNER OF TRACT A BEING THE POINT OF
BEGINNING; THENCE NORTH 43’16’40” WEST ALONG THE NORTHEASTERLY
BOUNDARY LINE OF TRACT A, A DISTANCE OF 35.50 FEET TO THE EAST RIGHT-
OF-WAY LINE OF HUNT CLUB DRIVE; THENCE NORTH 1’57’07” EAST ALONG THE
EAST RIGHT-OF-WAY, A DISTANCE OF 14.00 FEET; THENCE SOUTH 43’16’40”
EAST PARALLEL TO THE NORTHEASTERLY BOUNDARY LINE OF TRACT A, A
DISTANCE OF 35.50 FEET TO A LINE 14.00 FEET NORTH OF AND PARALLEL TO
THE SOUTH LINE OF SECTION 14; THENCE SOUTH 88’30’27” EAST ALONG A
LINE 14.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SECTION
14, A DISTANCE OF 228.18 FEET TO THE NORTHWEST CORNER OF TRACT C
ACCORDING TO THE AFORESAID BOUNDARY PLAT OF PALM BEACH GARDENS
CHRIST FELLOWSHIP CHURCH; THENCE SOUTH 28”14’36” WEST ALONG THE
WEST BOUNDARY LINE OF TRACT C, A DISTANCE OF 15.68 FEET TO THE
SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 14; THENCE NORTH
88O30’27” WEST ALONG THE SOUTH LINE OF SECTION 14, A DISTANCE OF
221.23 FEET TO THE POINT OF BEGINNING.
CONTAINING 39.066 ACRES, MORE OR LESS.
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Date Prepared: June 10, 2008
Resolution 41, 2008
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waiver:
1. Waiver to Section 78-262 (d), Standards for artwork, to allow the art not to
be lighted. The City’s Land Development Regulations require that art is
lighted at a minimum from dusk until midnight.
SECTION 4. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planning and Zoning
1. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning & Zoning)
Prior to the acceptance of the art for the Christ Fellowship North Campus,
the Applicant shall submit a copy of its corporate logo and any mission
statement of its organization, with authorization for the City to use such
information in future publications. The artist’s name, title of artwork, and
description shall be included. (Planning & Zoning)
2.
SECTION 5. The Art in Public Places shall be installed in compliance with the
following plans on file with the City’s Growth Management Department:
1. Christ Fellowship North Campus Art Elevation and Description, received
and stamped by the City on June 3, 2008, p. 6.
Christ Fellowship North Campus Art Location, received and stamped by the
City on June 3, 2008, p. 7.
stamped by the City on June 3, 2008, p. 8.
2.
3. Christ Fellowship North Campus Art Maintenance Plan, received and
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: June 10, 2008
Resolution 41, 2008
PASSED AND ADOPTED this day of ,2008.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Eric Jablin, Mayor
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO - -
G:\attorney-share\RESOLUTlONS\AIPP - Christ fellowship - reso 41 2008.docx
7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 9,2008
Meeting Date: July 17,2008
Resolution 43,2008
SubiecvApenda Item:
Resolution 43,2008: Paloma Planned Unit Development Amendment
Consideration of Approval: A request by Anne Booth, agent for M/I Homes of West Palm Beach,
LLC, to modify Resolution 196, 2004. The modifications are related to pedestrian lighting along
Hood Road, the removal of the requirement for a six-foot clear zone for access between the single-
family homes, and a request for a waiver to allow additional entry signage for the project. The
Paloma Planned Unit Development (PUD) is approximately a 156.47-acre tract of land located at the
southwest comer of the intersection of Hood Road and Military Trail.
[XI Recommendation to APPROVE with two waivers
[ ] Recommendation to DENY
Reviewed by:
Development Compliance Ad- Bahareh Keshavarz-Wolfs,
AICP
Growth Management
Kara L. Irwin, AICP
Approved By:
Originating Dept.:
Project
Manager
Nina Nikolova
Planning Specialist
[ XI Quasi -Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Paper: Palm Beach Post
Date: July 2, 2008
[XI Required
[ ] Not Required
Affected Parties: e] Notified
[ ] Not Required
Finance:
Senior Accountant:
/ L Tresha Thomas
Fees paid [Yes]
Funding Source:
[ ] Operating
[XI Other-
Budget Acct.#:
NIA
PZAB Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. Approval
[ 3 Rec. app. wkonds.
[ ] Rec. Denial
[ 3 Continued to:-
Attachments:
Resolution 43,2008
0 Resolution 196, 2004
Ordinance 39, 2004
Project Narrative
Reduced Plans
0 Photographs of signage
Palm Beach County Memo
Seacoast Memo
Date Prepared: May 21,2008
Meeting Date: July 17, 2008
Resolution 43, 2008
Page 2 of 6
EXECUTIVE SUMMARY
The applicant is requesting to amend conditions and exhibits of Resolution 196, 2004. The
modifications are related to removing the requirement for pedestrian lighting along Hood Road, the
removal of the requirement for a six-foot clear zone for access between the single-family homes, and
a request for a waiver to allow additional entry signage for the project. The Paloma Planned Unit
Development (PUD) is approximately a 156.47-acre tract of land located at the southwest comer of
the intersection of Hood Road and Military Trail.
The Planning, Zoning, and Appeals Board recommended approval with a vote of 7-0 at the public
hearing held on May 13,2008. Staff is recommending approval of Resolution 43,2008.
BACKGROUND
The Paloma Planned Unit Development (PUD) was approved by the City Council on January 6,
2005, by Ordinance 39,2004, for a rezoning from Planned Development Area (PDA) to PUD, with
an underlying zoning of Residential Low-3 (RL-3). The master site plan allowed for 199 single-
family homes and 196 multi-family units to be constructed on three parcels, as approved by
Resolution 196,2004.
LAND USE AND ZONING
The Paloma PUD currently has a future land use designation of Residential Medium (RM) and
Residential High (RH) and a zoning designation of Planned Unit Development (PUD), with an
underlying zoning of Residential Low-3 (RL-3). The proposed changes to the PUD will not require
amendments to the zoning or Comprehensive Plan designations for the property.
PROPOSED AMENDMENTS
The applicant is requesting to amend conditions and exhibits ofResolution 196,2004. The proposed
amendments consist of the elimination of the requirement for pedestrian scale lighting along Hood
Road, of the removal of the requirement for a six-foot clear zone for access between the single-
family homes, and of a request for a waiver to allow additional entry signage for the project.
Condition modification and pedestrian lighting waiver
Section 78-1 82 of the City Code requires that pathways and pedestrian open space areas need to be
lit. However, the applicant is requesting to modify condition of approval number four (4) of
Resolution 196, 2004, which requires the applicant to install pedestrian scale lighting along Hood
Road. Therefore, in addition to the modification of the language of the condition, the applicant is
also requesting the following waiver:
Date Prepared: May 21,2008
Meeting Date: July 17,2008
Resolution 43, 2008
Page 3 of 6
Proposed
Waiver from
1.0 fc
requirement
City Code Requested
Elimination
of pedestrian
scale lighting
along Hood
Road
~
Section 78-1 82,
Table 1 entitled
Foot-candle
Standards
Code Criteria
Pathways, pedestrian open
spaces, and outdoor seating
shall maintain minimum
average of 1.0 fc
Staff
1. Section 78-1 82 of the City Code - Waiver from the 1 .O foot candle lighting standard for
pathways, and pedestrian open space areas.
Modification of Resolution 196, 2004 of condition of approval number 4 .
4. The applicant shall be required to provide pedestrian scale (maximum fourteen foot (14’)
height) lighting along the pedestrian pathways along Military Trail, I4&d%xd, and Central
Boulevard. The lighting plan for the meandering pedestrian sidewalk within the
parkway/preserve area shall be submitted within thirty (30) days of approval. (Planning and
Zoning).
Applicant’s Justification:
According to the applicant, they have been successful with the installation of the pedestrian scale
lighting, which is at 0.6 foot candles along Central Boulevard, Military Trail and within the
community. The lighting levels are lower than the current code requirement, because at the time of
the approval of the Paloma PUD the code did not have the current one foot candle requirement. The
applicant has not been successful in installing the pedestrian lights along Hood Road, as the only
area which would remain unencumbered by easements and would allow for the installation of the
pedestrian lights is within the Palm Beach County Right-of-way (ROW) of Hood Road.
The sidewalk along Hood Road was constructed by Palm Beach County with the recent expansion of
Hood Road, and meanders, according to code, within the right-of-way. Furthermore, the northern
boundary of the Paloma PUD along Hood Road, adjacent to the ROW, is encumbered with 30 feet of
Seacoast Utility Authority (SUA) easements, which include major water transmission lines. The
SUA has indicated that the lights could be permissible in the easements provided that the minimum
separation can be maintained between the pole footer and the pipe (see attached letter). According to
the applicant, the lights’ footers can not maintain the minimum four foot separation requirement
between Seacoast’s pipes. The southern edge of the SUA easements is 30 feet from the ROW line,
and due to the meandering of the sidewalk, the distance from the sidewalk to closest point where a
light pole could be installed is between 34 to 40 feet. If the pedestrian lights were to be installed
south of the SUA easement, the height of the light poles would need to be raised and the intensity of
the light would need to be increased to 25 foot candles. These light levels far exceed the current code
allowances of one foot candle and would cause undue hardship for the adjacent residents.
The applicant has researched and entertained the idea of using bollards as an alternative, and has
determined that while bollards might meet the separation requirements of SUA. The applicant would
Date Prepared: May 2 1,2008
Meeting Date: July 17, 2008
Resolution 43,2008
Page 4 of 6
not be able to meet the light level requirements on the sidewalk as it meanders away from the ROW
line. Therefore, in light of the SUA’S easements, the Palm Beach County ROW was an option where
the pedestrian lights could be installed. Unfortunately, Palm Beach County has determined that
pedestrian lighting can not be permitted within the ROW, if street lighting is not present (see
attached letter).
The applicant has looked into purchasing direct burial poles which would not have the same size
footer requirements. According to the applicant, the only direct burial poles that are available are
concrete and do not match the existing poles, and aesthetically would not be an acceptable
alternative. The applicant has stated that the concrete poles present an extra weight which could
create issues with regard to their proximity to the SUA lines. According to the applicant, in order to
meet wind load requirements, direct burial poles are required to be much longer than the aluminum
poles. The additional length and weight of the concrete presents an additional risk to the SUA
personnel and to the pipes should a water main need to be repaired. Also, additional testing would
need to be done to the soil to determine if a footer would be required. If a footer is required, the
separation could not be maintained to the SUA line, as previously discussed.
Staff Analysis:
The applicant has partially fulfilled the requirements of Condition 4 of Resolution 196, 2004, by
installing the pedestrian scale lighting along Central Boulevard and along Military Trail. This is due
to the fact that, the applicant was able to avoid conflicts with SUA easements on their property, and
did not need to place the pedestrian light poles within the ROW. Unfortunately, this was not the case
along Hood Road.
The applicant has demonstrated that they have worked with Palm Beach County and Seacoast
Utilities and have researched possible alternatives to provide pedestrian scale lighting along Hood
Road in a similar fashion. Staff has recognized that the SUA existing conditions of the easement
encumbrances prevent the applicant from installing the pedestrian scale lights on their property. This
is due to the fact that the applicant would not be able to meet the four foot separation between the
pipes within the 30-foot easement area. In addition, staff accepts the applicant’s conclusion that
bollards would not be effective in properly illuminating the sidewalk, and could possibly create glare
for the motorists due to the height of the bollards. Also, the usage of concrete light poles, as stated
by the applicant, could pose a threat to the SUA workers due to the weight of the poles.
Furthermore, aesthetically, the poles would not be in line with the existing pedestrian light poles.
Therefore, the placing of the pedestrian scale lights within the ROW would have been the other
second-best location, but due to Palm Beach County’s objection, the applicant has been unable to
install the pedestrian lights within the ROW. Staffhas no objection to this condition modification
and waiver request.
Sign waiver
Section 78-285 of the City Code permits only one residential entry feature or sign per entry into a
residential subdivision. However, the applicant is requesting to provide a second entry sign, on each
of the three main entry feature wall locations. The entry features are located at the intersections of
Military Trail and Victoria Falls Boulevard, Elm Avenue and Hood Road, and Victoria Falls
Date Prepared: May 2 1,2008
Meeting Date: July 17, 2008
Resolution 43, 2008
Page 5 of 6
Boulevard and Central Boulevard. Therefore, the applicant is requesting the following waiver:
City Code
Section 78-285,
Table 24
entitled
Permanent Signs
Code Criteria
Only one residential entry
sign per entry
Proposed Requested
I
Two
residential
entry signs per
entry
One
additional
sign per entry
Staff
Recommendation
Approval (2)
2. Section 78-285 of the City Code - Waiver to permit a second residential entry sign.
Applicant’s Justification:
Section 78-285 of the City Code permits only one residential entry feature or sign per entry into a
subdivision. The applicant is requesting approval for a second entry sign, on each of the three main
entry feature wall locations. The applicant has indicated the second entry sign will allow the
residents and the general public to find the project more easily and will help to eliminate confusion
on the roadways. Currently, the project name is only on one side of the Elm Avenue and Hood Road,
and the Military Trail and Victoria Falls Boulevard intersections and not on the Victoria Falls
Boulevard and Central Boulevard intersection. As a result, the project name is only visible fiom one
direction or not at all. According to the applicant, this has caused concern with regard to emergency
vehicles, visitors and deliveries.
Staff Analysis:
Staff has evaluated the applicant’s request and has determined that it is consistent with residential
communities in the area which have multiple entrances and two monument sign features. For
example, Frenchman’s Reserve, San Michele, PGA National, Bent Tree and Mirasol (photographs of
the entry signagefor these communities is enclosed). These are intended to better inform motorists of
the location of entry into the development. Staffhas no objection to this waiver request.
Removal of six-foot clear zone for the single-family lots within Parcel C
The intention of the six-foot clear zone is to provide access to the rear yards of all lots for the
purpose of digging, repairing, or otherwise maintaining pools and screens. Please note, that the six-
foot clear zone is not a condition of approval but is rather a note on the previously approved plans.
Therefore, the six-foot clear zone note that is present on any previously approved Paloma plans will
no longer be enforced.
Applicant’s Justification:
In practice, the provision of the six-foot clear zone has presented problems in interpretation of fence
setbacks and in some cases has created undesirable corridors between fences. According to the
applicant, all single family lots within Paloma have alternate access to the rear yards via open space
Date Prepared: May 21, 2008
Meeting Date: July 17, 2008
Resolution 43, 2008
Page 6 of 6
areas, so the applicant is requesting that the restriction be removed.
Staff Analysis:
The six-foot clear zone requirement was added to the Paloma development and other developments
such as Evergrene, because it was not provided in the Sanctuary development where issues arose
requiring access to the existing lakes. The Sanctuary development, unlike Paloma, does not have the
number of open space tracts which could accommodate access to the residents’ rear yards. Therefore
the six-foot clear zone requirement is necessary in the Sanctuary. In the case of Paloma, clear and
unencumbered access was provided to all lakes and rear yards within the development. Therefore,
access on each residential lot is not required and creates a negative effect on the individual
enjoyment of each residential lot. The residents can access the back of their properties through the
open space areas which connect to either the 20 foot water management easement running behind the
single family lots around the lake, or to other open space tracts behind the lots that abut the preserves
or the ROWS. Staffhas no objection to this request.
PLANNING, ZONING, AND APPEALS BOARD COMMENTS
At a public hearing on May 13,2008, the Planning, Zoning, and Appeals Board reviewed the subject
petition and voted 7 to 0 to recommend approval to the City Council.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 43,2008 with two waivers.
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a
As Amended by Council: January 6,2005
Date Prepared: September 17,2004
RESOLUTION 196,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR THE PALOMA PLANNED UNIT
DEVELOPMENT (PUD), GENERALLY LOCATED SOUTH OF HOOD
ROAD, WEST OF MILITARY TRAIL, EAST OF CENTRAL
BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE HIGHWAY
95, AND NORTH OF THE SABAL RIDGE PLANNED UNIT
DEVELOPMENT (PUD), AS DESCRIBED MORE PARTICULARLY
HEREIN, TO ALLOW FOR 199 SINGLE-FAMILY DWELLING UNITS,
196 MULTI-FAMILY DWELLING UNITS, AND ACCESSORY
STRUCTURES I USES; 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, the City of Palm Beach Gardens received an application (PUD-04-
05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district
of Residential Low (RL-3) and approval for a master site plan for 199 single-family units
and 196 multi-family units on an approximately 156.46-acre site, generally located at the
southwest corner of Hood Road and Military Trail, which lies within the municipal
boundaries of the City of Palm Beach Gardens, as more particularly described herein;
and
WHEREAS, the subject site has been zoned to Planned Unit Development
(PUD) Overlay with an underlying zoning of Residential Low (RL-3); and
WHEREAS, the Master Development Plan was reviewed by the Planning,
Zoning, and Appeals Board at a public hearing conducted on July 27, 2004, which
recommended approval of the Master Development Plans to the City Council with a
vote of 5-0; 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
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; and
- -- b
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Date Prepared: September 17,2004
Resolution 196,2004
WHEREAS, the City Council has determined that this Resolution is consistent
with the City's Comprehensive Plan based on the following findings of fact:
1. The applicant has met the intent of the City's Comprehensive Plan, and the
proposed development is consistent with the Comprehensive Plan.
2. The applicant has demonstrated compliance with the City's Land
Development Regulations.
3. The proposed use is not a detriment to the public safety and welfare within
the City of Palm Beach Gardens.
4. The applicant has provided adequate screening and buffering in order to
mitigate the impact of the proposed development.
5. The proposed uses and site plan are in harmony with the general purpose
and intent of the Code.
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 for Paloma Planned Unit
Development (a.k.a. Parcel 31B) is hereby APPROVED on the following described real
property to permit the development of 199 single-family dwelling units and 196 multi-
family townhomes, with accessory structures, on a 156.46-acre site located at the
southwest comer of Hood Road and Military Trail, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordinance:
LEGAL DESCRIPTION:
PARCEL 31.03
A PARCEL OF LAND SITUATE IN SECTION 1, 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 NORTHWEST CORNER OF
SAID SECTION 1; THENCE SOUTH 88"34'52" EAST, ALONG THE NORTH LINE
LINE OF INTERSTATE 95 AND THE POINT OF BEGINNING OF THE HEREIN
WAY LINE, A DISTANCE OF 484.81 FEET; THENCE SOUTH 31"40'34" EAST,
OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY
DESCRIBED PARCEL; THENCE SOUTH 30"31'49" EAST, ALONG SAID RIGHT-OF-
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET
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Date Prepared: September 17,2004
Resolution 196,2004
TO A CURVE HAVING A RADIAL BEARING OF NORTH 58"19'26" EAST, A RADIUS
OF 3,180.04 FEET, AND A CENTRAL ANGLE OF l"05'46"; THENCE PROCEED
WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE
DISTANCE OF 280.19 FEET; THENCE NORTH 01'43'40 I' EAST, A DISTANCE OF
1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH
88"34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-
SOUTH 88'32'18 EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A
TOGETHER WITH A PORTION OF PARCELS 31.04 AND 31.05;
A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 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 SOUTH QUARTER CORNER
OF SAID SECTION 36, THENCE NORTH 88"34'52" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF
BEGINNING. THENCE NORTH 88"34'52" WEST, ALONG SAID SOUTH LINE, A
95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 30"31'49
DISTANCE OF 456.20 FEET; THENCE NORTH OI"25'08" WEST, A DISTANCE OF
341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13"25'31";
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 28"21'19";
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
567.15 FEET; THENCE NORTH 16"20'57" EAST, A DISTANCE OF 957.79 FEET TO A
RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15"07'32" EAST AND A
CENTRAL ANGLE OF 09'27'21"; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66"38'32" WEST, A
CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS
DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC
RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF
NORTH 62"01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE
DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE
WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET; THENCE
DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88"34'52" WEST, A
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
OF 27'1 1'16"; THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT-
OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE;
THENCE NORTH OO"47'15" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC
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Date Prepared: September 17,2004
Resolution 196,2004
RECORDS; THENCE SOUTH 88'08'02" EAST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF-
WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581,
OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483,
PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57" EAST,
7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG
FEET; THENCE SOUTH 00'18'53" WEST A DISTANCE OF 250.03 FEET TO A
IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH 01'13'53" WEST
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02'34'09"; THENCE
DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A
WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH 01'43'37" WEST A DISTANCE OF 200.84
FEET TO THE POINT OF BEGINNING.
ALONG SAID RIGHT-OF-WAY LINE DESCRIBED IN OFFICIAL RECORD BOOK
SAID RIGHT-OF-WAY LINE SOUTH 01'13'53" WEST A DISTANCE OF 261.11
POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO
SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A
CENTRAL ANGLE OF 02'04'30"; THENCE SOUTHERLY ALONG SAID RIGHT-OF-
CONTAINING 6,815,592.28 SQUARE FEET OR 156.46 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
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Waiver to Section 78-441 (c), Plat, to allow issuance of permits for model
homes for the project prior to adoption of the Plat. The City's Land
Development Regulations require adoption of a project plat prior to issuance
of permits for development.
Waiver to Section 78-141, Minimum lot area, to allow a reduction in the
minimum lot area to 3,220 square feet for the townhomes and 6,000 square
feet for the single-family homes. The City's Land Development Regulations
require a minimum lot area of 6,500 square feet.
Waiver to Section 78-141, Minimum lot width, to allow a reduction in the
minimum lot width to 28 feet for the townhomes and 50 feet for the single-
family homes. The City's Land Development Regulations require a
minimum lot width of 65 feet.
Waiver to Section 78-141, Minimum lot coverage, to allow an increase in the
maximum lot coverage to 50% for the townhomes and 45% for the single-
family homes. The City's Land Development Regulations require minimum
lot coverage of 35%.
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Date Prepared: September 17,2004
Resolution 196,2004
Waiver to Section 78-141 , Minimum side setback, to allow a reduction in the
minimum side setback to 7.5’/0’ feet for the townhomes and 5 feet for the
single-family homes. The City’s Land Development Regulations require a
minimum side setback of 7.5’ or 10% of the lot width, whichever is greater.
Waiver to Section 78-141 , Minimum rear setback, to allow a reduction in the
minimum rear setback to 5 feet (screensldecks) for the townhomes and 5
feet (screensldecks) / 7 feet (pool) setbacks for the single-family homes.
The City’s Land Development Regulations require a minimum rear setback
of 10 feet.
Waiver to Section 78-285, Signs for residential development, to allow a
double-faced sign within the entry median to each residential parcel. The
City’s Land Development Regulations allow one sign face.
SECTION 4. Said Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
Landscaping and Maintenance
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Landscaping and irrigation within medians and adjacent roadway shoulders
for Military Trail, Central Boulevard, and Hood Road shall be installed within
six (6) months of the issuance of the first clearing permit. A one-time six (6)
month extension to complete buffer and improvements may be granted by
the Growth Management Director upon review of sufficient justification. The
Growth Management Department shall inspect the supplemental planting for
the preserve areas and buffers where voids in groundcover and shrubs
occur in order to screen the project. The City Forester and Landscape
Architect of Record shall work together on a plan, if necessary, to fill any
voids with additional landscaping, as required, achieving said screening for
the preserve area. (City Forester)
Landscaping and irrigation within medians and adjacent roadway shoulders
for the East-West Roadway and the North-South Roadway shall be instailed
prior to the issuance of the first Certificate of Occupancy. A one-time six (6)
month extension to complete buffer improvements may be granted by the
Growth Management Director upon review of sufficient justification. (City
Forester)
The applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders, as
well as maintenance of lighting and hardscape within those sections of
public rights-of-way adjacent and/or contiguous to the Paloma Planned Unit
Development (PUD), including:
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Date Prepared: September 17,2004
Resolution 196,2004
(a) Military Trail from the southern terminus of the site to Hood Road. The
applicant shall pay the City its pro-rata share of the total cost of
maintenance of the median.
(b) Hood Road from Military Trail to Central Boulevard. The applicant shall
pay the City its pro-rata share of the total cost of maintenance of the
median.
(c) The internal East-West Roadway and North-South Roadway within the
internal limits of the Planned Unit Development.
(d) Central Boulevard from Hood Road to the southern terminus of the site.
(City Forester)
The applicant shall be required to provide pedestrian scale (maximum
fourteen foot (14’) height) lighting along the pedestrian pathways along
Military Trail, Hood Road, and Central Boulevard. The lighting plan for the
meandering pedestrian sidewalk within the parkwaylpreserve area shall be
submitted within thirty (30) days of approval. (Planning & Zoning)
The applicant shall place all utility lines underground along Military Trail and
any utility lines along Central Boulevard that cross City roadways. (City
Forester, Planning & Zoning)
Development Order Condition No. 3 may be amended by separate
agreement with the City. (City Forester)
Within six (6) months of issuance of the clearing permit, the applicant shall
replace all existing Ribbon Palms with Sabal Palms within the adjacent
Military Trail medians. (Planning & Zoning)
The recreation area in Parcel B (including, but not limited to, building
facilities, pool, landscaping, hardscape, and accessory structures) and the
entry road landscaping for Parcels A and B (pod of development) shall be
completed and Certified for Occupancy prior to issuance of the Certificate of
Occupancy for the ninety-eighth (98’h) residential unit within Parcels A and €3
combined. The recreation area and entryway improvements in Parcel C
shall be completed prior to the issuance of the Certificate of Occupancy for
the one hundredth (looa) residential unit in Parcel C. (City Forester)
Prior to the issuance of the final Certificate of Occupancy, the applicant shall
remove all exotic vegetation from the preserve areas. No non-native plant
may be established in a preserve area. (City Forester)
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Date Prepared: September 17,2004
Resolution 196,2004
Transportation / Traffic Concurrency
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The project build-out date is December 31 , 2007. (City Engineer)
Applicant shall comply with any and all Palm Beach County Traffic
Division Concurrency conditions as outlined in the PBC Traffic Concurrency
approval. (City Engineer)
No more than 3,260 net new external daily trips shall be permitted until the
contract has been let for the construction of Kyoto Gardens Drive from
Military Trail to Alternate AIA. (City Engineer)
The applicant, successors, or assigns shall monitor traffic operations studies
(supplemental operations analysis) of the East-West Roadway and Military
Trail intersection beginning during peak season after the issuance of the
first certificate of occupancy and every six (6) months thereafter until the
build-out date. Should the study indicate a need for any
roadway/intersection improvements as determined by the City Engineer, the
applicant, successors, or assigns shall be responsible. The City shall
reimburse the applicant for the cost of any roadway improvements to the
extent that the City collects pro-rata funds from other developments having
an impact on the intersections as determined in their development orders.
(City Engineer)
For all improvements that are not assured construction, the developer shall
enter into a Public Facility Agreement (PFA) with Palm Beach County for
funding of the roadway improvements in a form acceptable to the County
Engineer, within six (6) months of the issuance of the development order
and before the first permit is issued. (Palm Beach County)
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 prior to the anniversary of the Development
Order approval of each year. (City Engineer)
Upon receipt of this development order and continuing through substantial
completion of construction, the petitioner shall bi-annually provide the City
with a status report on all the approved elements of the PUD, including, but
not limited to, the compliance or status of any conditions of approval placed
on the project by this approval and any future approval until the project is
completed, as well as a summary of completed construction and schedule
of proposed construction over the remaining life of the development order.
(Planning & Zoning, City Engineer)
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Date Prepared: September 17,2004
Resolution 196.2004
17. Commencing after the issuance of certificates of occupancy for fifty percent
(50%) (197 dwelling units) of the residential units, the applicant shall
perform and submit an annual Signal Warrant Study for the intersection of
the East-West Roadway and Military Trail. The methodology of the traffic
analysis shall be determined by the City Engineer. The annual traffic
analysis shall be conducted until such time as signals are warranted at the
above-described intersections or until two (2) years after issuance of
certificates of occupancy for ninety percent (90%) or 355 dwelling units of
the project. Should the warrant indicate a need for a signal at the East-
West Roadway and Military Trail, the applicant, successors, or assigns shall
be required to install the signal. The signal shall be installed to be fully
operational, including all appropriate lane geometry (as determined by Palm
Beach County and the Florida Department of Transportation), pavement
markings, signage, and lighting. The City shall reimburse the applicant for
the cost of the signal and installation to the extent that the City collects pro-
rata funds, as determined by the City Engineer, from other developments
having an impact on the intersections as determined in their development
orders. (City Engineer)
18. The plats for Paloma, the North-South thoroughfare, and the East-West
thoroughfare, including the dedications for the drainage easements and
roadway easements, shall be submitted to and approved by the City and
placed in the official record books of Palm Beach County prior to the
issuance of the first building permit, excluding clearing permits and model
homes. (City Engineer)
19. The applicant, successors, or assigns shall pay their fair share (pro-rata
share) for a traffic light as determined by the City Engineer when one is
warranted and approved by Palm Beach County for the intersection of the
East-West roadway and Central Boulevard. (Planning & Zoning)
20. Prior to the issuance of the first Certificate of Occupancy, the East-West
thoroughfare (from Military Trail to Central Boulevard) and the North-South
thoroughfare (from Hood Road south to the southern terminus of the
western entrance of Parcel C) must be completed (including irrigation,
hardscape, and landscaping) and accepted by the City. (City Engineer, City
Forester)
Crime Prevention Through Environmental Design (CPTED)
21. The applicant shall provide metal halide lighting within the entire amenity
(recreation) area and along the entryway leading into the recreation area.
The applicant may provide high-pressure sodium lighting within the
remainder of the residential community. (Police)
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Date Prepared: September 17,2004
Resolution 196,2004
22. The applicant shall construct the development in accordance with Crime
Prevention Through Environmental Design (CPTED) principles, which
consist of the following:
(a) Landscaping shall not conflict with lighting, including long-term tree
growth.
(b) A timer clock or photocell sensor engaged lighting shall be installed
above or near entryways to residences and all sidewalks.
(c) Pedestrian walkways shall use lighting that is no greater than fourteen
(14) feet in height.
(d) Numerical addresses shall be illuminated for nighttime visibility, shall
have bi-directional visibility from the roadway, and shall be a minimum of
six (6) inches in height. (Police)
23. Prior to the issuance of any building permit, the applicant shall:
(a) Provide a street address system depicting street names and residential
numericals for emergency response purposes. Address system
depiction shall be in 8.5’’ X I?” map format. (Police)
(b) Install and have operational temporary roadways and fire hydrants
approved by the City Engineer and Fire Department for all of the dry
models. (Engineering, Fire).
24. 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)
25. Prior to the issuance of the first Certificate of Occupancy of a residential
unit, the applicant shall su brnit the Master Property Owners Association and
Homeowners Association documents to the City Attorney for review and
approval prior to such documents being recorded in the Public Records of
Palm Beach County. (City Attorney)
26. Prior to issuance of the first building permit, the petitioner shall submit to the
City Attorney and the Planning and Zoning Division documents
demonstrating unity of control by the petitioner or the property owners
association over the entire PUD. (City Attorney)
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Date Prepared: September 17,2004
Resolution 196,2004
27. Prior to issuance of the first Certificate of Occupancy, the applicant,
successors, or assigns shall install an aeration system within all lakes
located within the subject project and shall bear the perpetual responsibility
of maintenance of such system. (Planning & Zoning)
Engineering
28. Six (6) months after 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.
(City Engineer)
29. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
30. The applicant shall submit construction plans for City review and approval
and surety for demolition and lien protection prior to the issuance of the
building permit for any dry models. Prior to occupancy, the plat shall be
approved and construction of a stabilized emergency access drive shall be
completed and accepted by the City Engineer and City’s Fire Department.
The following standard dry model conditions of approval apply:
Prior to the issuance of the first building permit, the applicant shall post
a letter of credit for the model units in the amount of one-third (1/3) the
construction cost per model for the purposes of demolition and lien
protection, to be determined by the City Engineer, to remain in effect
until the plat is recorded. (City Engineer)
(b) No access by the general public shall be allowed to a model home until
the Certificate of Completion is issued. (Code Enforcement)
(c) No individual lots shall be allowed to transfer title until the plat has been
recorded. (City Engineer)
(d) The applicant acknowledges that the waiver granted from the
platting requirement is at the applicant’s risk and that any potential
construction changes to the model homes due to the eventual plat
recordation is the sole responsibility of the applicant. (City Engineer)
(e) Prior to the issuance of the first Certificate of Occupancy for the model
units, the applicant shall construct accessible and operational fire
hydrants and a stabilized road base, subject to City standards, for
fire/emergency access, both of which shall be approved by the City
Engineer and Fire Department. (City Engineer, Fire Rescue)
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Date Prepared: September 17,2004
Resolution 196,2004
1 31. Prior to the issuance of the first building permit, the applicant shall provide
2 construction plans of the Temporary Sales Center and Temporary
3 Construction Center for review, and shall provide a cost estimate for City
4 review and approval for demolition and lien protection. (City Engineer)
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6 32. Prior to the issuance of the first building permit, the applicant shall provide a
7 pavement marking and signage plan for review and approval. (City
8 Engineer)
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10 33. Prior to issuance of the first building permit, including the building permit for
11 clearing and grubbing, the applicant shall provide drainage calculations and
12 design data, to the satisfaction of the City Engineer, for the suitability of the
13 20-foot and 25-foot pass-through drainage easements from lands lying
14 south of Sable Ridge subdivision to the canal right-of-way. (City Engineer)
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16 34. Prior to Construction Plan review, the applicant shall provide a Paver Block I
17 Concrete Ribbon detail for review meeting the City’s structural number
18 requirements in accordance with LDR Section 78-499. (City Engineer)
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20 SECTION 5. Said Planned Unit Development shall be constructed in compliance
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23 1. Paloma Overall Site Plan, Site Data & Details, 08.02.2004, UDS, Sheets 1
24 through 7.
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26 2. Paloma Gateway & Entrance Details, 08.02.2004, UDS, Sheets SD-1
27 through SD-10.
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29 3. Paloma Parcel A, B & C Entrance Planting Plan, Common Area, &
30 Prototype Landscaping/Planting Plans, 08.02.2004, Sheets L1 through L21.
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32 Buffer Plans, 06.1 1.2004, UDS, Sheets L-01 through L-14.
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34 5. Single-Family Product Design 2142, 11.10.04, Harrington, 4 sheets.
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36 6. Single-Family Product Design 2790, 11.10.04, Harrington, 4 sheets.
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38 Single-Family Product Design 2641 , 11.10.04, Harrington, 4 sheets.
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40 8. Single-Family Product Design 3017, 11.10.04, Harrington, 4 sheets.
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42 9. Single-Family Product Design 3325, 11.10.04, Harrington, 4 sheets.
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44 IO. Single-Family Product Design 3521 , 11.10.04, Harrington, 4 sheets.
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46 11. Townhome Product Design “A, 11.01.04, Harrington, 8 sheets.
with the following plans on file with the City’s Growth Management Department:
4.
7.
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Date Prepared: September 17,2004 Resolution 196,2004
1 12. Townhome Product Design “B”, 11.01.04, Harrington, 8 sheets.
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3 13. Townhome Product Design “C”.
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5 14. Design Guidelines for Paloma Single-Family Homes, 2 pages.
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7 15. Design Guidelines for Paloma Townhomes, I page.
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SECTION 6. Said 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.
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Date Prepared: September 17,2004
Resolution 196,2004
PASSED AND ADOPTED this 6’p day of IJIckc)cw , 2005.
ATTEST:
BY: - Patricia Snider, Cityklerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: AYE NAY ABSENT
MAYOR JABLIN --- J
VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO -.__- /
COUNCILMEMBER LEVY --- ./
COUNCILMEMBER VALECHE --- J
J
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Date Prepared: September 17,2004
ORDINANCE 39,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING;
PROVIDING FOR THE REZONING OF A PARCEL OF LAND
CONSISTING OF 156.46 ACRES, MORE OR LESS, LOCATED
SOUTH OF HOOD ROAD, WEST OF MILITARY TRAIL, EAST OF
CENTRAL BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE
HIGHWAY 95, AND NORTH OF THE SABAL RIDGE PLANNED
UNIT DEVELOPMENT (PUD), AS DESCRIBED MORE
PARTICULARLY HEREIN, FROM PLANNED DEVELOPMENT AREA
(PDA) TO A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY
BE KNOWN AS PALOMA; REVISING THE ZONING DISTRICT MAP;
AND PROVIDING AN EFFECTIVE DATE.
WITH AN UNDERLYING ZONING OF RESIDENTIAL LOW (RL-3) TO
WHEREAS, the City of Palm Beach Gardens received an application (PUD-04-
05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district
of Residential Low (RL-3) for the approximately 1 56.46-acre site, generally located
south of Hood Road, west of Military Trail, east of Central Boulevard; Parcel 31.04
(MXD); Interstate Highway 95, and north of the Sabal Ridge Planned Unit Development,
which lies within the municipal boundaries of the City of Palm Beach Gardens, as more
particularly described herein; and
WHEREAS, the subject site is currently zoned Planned Development Area (PDA)
and has a land use designation of Residential High (RH) and Residential Medium (RM);
and
WHEREAS, the Growth Management Department reviewed said petition and
determined that it is sufficient and consistent with the City’s Land Development
Regulations and the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission held a public hearing on July
27, 2004, and has recommended approval of the rezoning to the City Council; and
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, 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 and Palm Beach County review agencies and
staff; and
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Date Prepared: September 17,2004
Ordinance 39,2004
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens; and
WHEREAS, the City Council has determined that this Ordinance is consistent
with the City's Comprehensive Plan based on the following findings of fact:
1. The proposed Residential Planned Unit Overlay rezoning is consistent with
the Future Land Use designation of Residential High and Residential Medium.
2. The proposed rezoning is in harmony with the general purpose and intent of
the Comprehensive Plan and is compatible with the intensity and density of
the surrounding existing and future land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the rezoning of the parcel of land, as more particularly described below, from
a zoning designation of Planned Development Area (PDA) to a Planned Unit
Development (PUD) Overlay with an underlying zoning district of Residential Low (RL-
3):
LEGAL DE SC RI PT IO N
PARCEL 31.03
A PARCEL OF LAND SITUATE IN SECTION 1, 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 NORTHWEST CORNER OF
SAID SECTION 1; THENCE SOUTH 88'34'52" EAST, ALONG THE NORTH LINE
OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY
LINE OF INTERSTATE 1-95 AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL; THENCE SOUTH 30"31'49" EAST, ALONG SAID RIGHT-OF-
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET
WAY LINE, A DISTANCE OF 484.81 FEET; THENCE SOUTH 31"40'34" EAST,
TO A CURVE HAVING A RADIAL BEARING OF NORTH 58'19'26" EAST, A RADIUS
OF 3,180.04 FEET, AND A CENTRAL ANGLE OF 1'05'46"; THENCE PROCEED
WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE
DISTANCE OF 280.19 FEET; THENCE NORTH 01'43'40 " EAST, A DISTANCE OF
1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH
SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-
SOUTH 88'32'18" EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A
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Date Prepared: September 17,2004
Ordinance 39,2004
88'34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
TOGETHER WITH A PORTION OF PARCELS 31 -04 AND 31.05;
A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 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 SOUTH QUARTER CORNER
OF SAID SECTION 36, THENCE NORTH 88'34'52" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF
BEGINNING. THENCE NORTH 88'34'52" WEST, ALONG SAID SOUTH LINE, A
DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE
1-95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE
30'31'49 WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET;
THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88'34'52" WEST, A
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
DISTANCE OF 456.20 FEET; THENCE NORTH 01'25'08" WEST, A DISTANCE OF
341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13'25'31";
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 28'21'19'';
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
567.15 FEET; THENCE NORTH 16'20'57" EAST, A DISTANCE OF 957.79 FEET TO A
RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15'07'32" EAST AND A
CENTRAL ANGLE OF 09'27'21"; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66'38'32" WEST, A
CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS
DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC
RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF
NORTH 62"01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
OF 27'1 1'16"; THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT-
OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE;
THENCE NORTH 00'47'1 5" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
RECORDS; THENCE SOUTH 88'08'02" EAST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF-
HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC
WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581,
OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483,
PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57" EAST,
7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG
ALONG SAID RIGHT-OF-WAY LINE DESCRIBED IN OFFICIAL RECORD BOOK
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Date Prepared: September 17,2004
Ordinance 39.2004
SAID RIGHT-OF-WAY LINE SOUTH 01'13'53" WEST A DISTANCE OF 261.11
FEET; THENCE SOUTH 00'18'53" WEST A DISTANCE OF 250.03 FEET TO A
IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH 01'13'53'' WEST
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02'34'09"; THENCE
DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A
WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH 01'43'37'' WEST A DISTANCE OF 200.84
FEET TO THE POINT OF BEGINNING.
POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO
SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A
CENTRAL ANGLE OF 02'04'30'; THENCE SOUTHERLY ALONG SAID RIGHT-OF-
CONTAINING 6,815,592.28 SQUARE FEET, OR 156.46 ACRES, MORE OR LESS.
SECTION 3. The City Manager is hereby authorized and directed to make
appropriate changes on the zoning district map of the City to effectuate the purpose of
this Ordinance.
SECTION 4. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant's agent(s) at any workshop or public
hearing.
SECTION 5. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: September 17,2004
Ordinance 39,2004
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PASSED thisdl * day of 6Ua t%% , 2004, upon first reading.
PASSEDANDADOPTEDthis (0% day of yk, %la& , 2004, upon
second and final reading. v
FOR
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AGAINST ABSENT
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27 ;; ra
30 BY:
31 Patricia Snider, City Clerk
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35 LEGAL SUFFICIENCY
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APPROVED AS TO FORM AND
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40 mristine P. Tatum, City Afiomey
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46 47 G:\attomey-share\ORDINANCES~alorna rezoning - ord 39 2004.doc
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5
PROJECT NARRATIVE
Urban Design
Urban Planning
Land Planning
PALOMA
PUD AMENDMENT
August 3,2007
Amended October 31,2007
Amended February 22,2008
Landscape Architecture
PBG REF: #PUDA-07-08-000009
RequestlLocation
The Paloma PUD is a 156.47-acre tract of land located at the southwest corner of the
intersection of Hood Road and Military Trail. The Paloma PUD was approved by the City
Council on January 6,2005 by Ordinance 39,2004 for a rezoning from PDA to PUD, with
an underlying zoning of Residential Low -3 (RL-3). Resolution 196, 2004, allowed for 199
single-family homes and 196 multi-family units to be constructed on three parcels.
Since the original approval, the Paloma PUD has received approval for four (4)
subsequent Administrative Amendments. The first Administrative Amendment approved
an updated site plan which was changed for consistency with easement and utility
locations as shown on the approved plat and engineering plans. The three other
Administrative Amendments allowed additional architectural options for both the single
family and multi-family models, and added additional single family model floor plan
options. There is currently an Administrative Amendment which is being processed for
Kolter Communities which will allow new single family models for the un-built lots within
Parcel C. Please note that Kolter Communities has purchased all of MI Homes un-built
lots and will be completing construction of the balance of the units within the project.
With this request, the applicant, M/I Homes of West Palm Beach, L.L.C., is requesting; to
modify the approved plans to remove the requirement for a six-foot clear zone between
the homes, to relieve the development from the requirement of installing the pedestrian
lights along Hood Road, and to request a waiver to allow the entry signs to have the
Paloma name and logo added to the entrance walls.
Please also note that the master site plan submitted with this application includes the
modifications approved through Administrative Amendments, as well as minor FPL
easements which were required subsequent to the plat being
recorded, and notations regarding the locations of the models and
temporary sales center parking areas for the Townhomes.
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
C:\Docunients and Settings\nnikolova\Local Settings\Temporary Internet Files\Content.OutlookDZi39KNZWrojectNarrativePUD
Project Narrative
Paloma PUD Amendment
February 22,2008
Page 2
C:\Documents and Settings\nnikolova\Local Settings\Temporary Internet Files\Content.OutlookiDZI39KNZVrojectNarrativePUDAB 022208 (2).doc
‘
Project Narrative
Paloma PUD Amendment
February 22,2008
Page 3
Concurrency
Paloma received Conditional Concurrency Certification on August 29, 2003. The
proposed modifications are consistent with the approved master site plan and do not
increase the number of units approved. Additional Concurrency review will not be
required.
ZoninglFuture Land Use
The Paloma PUD currently has a future land use designation of Residential Medium (RM)
and Residential High (RH) and a zoning designation of Planned Unit Development (PUD),
with an underlying zoning of Residential Low -3 (RL-3). The proposed changes to the
PUD will not require amendments to the zoning or Comprehensive Plan designations for
the property.
Phasing
The Paloma PUD was approved with three development parcels, Parcels ‘A’, ‘B’, and ‘C’ ,
which are currently being developed in a single phase.
Access
Consistent with the City’s Comprehensive Plan and Conceptual Thoroughfare Plan, the
applicant has provided the right-of-way for Victoria Falls Boulevard and Elm Avenue. All
roadways have been constructed and are open for use.
:xisting Zoning and Land Use Designations
EXISTING USE I ZONING I FUTURE LAND USE I PUD
SUBJECT PROPERTY:
Res id entia I com m u n i ty I RH and RM I PUD
TO THE NORTH:
Magnolia Bay PUD I RH
TO THE EAST: 1 PUD
The Isles PUD I RM
TO THE SOUTH:
Sabal Ridge
The Pointe
PUD
PO
RM
PO
TO THE WEST:
Parcel 31.04
Parcel 31.06
PCD/MXD
PDA
MXDlRH
RH
Site Analysis
C:\Documents and Settings\nnikolova\Local Settings\Temporary Internet F~les\Content.Outlook\DZ~39KNZ\ProJectNa~ativePUDAB 022208 @).doc
Development Area
Open Space
Density
PUD District Regulations
(PBG LDR’s)
~~
50 acres
33 YO or 51.244 acres
excluding ROWS
9 DU’s/ac for RM FLUP
12 DU’s/ac for RH FLUP
3.0 DU’s/ac (per
Forbearance Agreement)
YSIS:
. YSIS:
WD
Approved
Paloma PUD
156 .47 acres
70% or
108.863
2.52 dwelling
units per acre
Proposed
PUD
Am end men t
No Change
No Change
No Change
Consistent
Yes
Yes
Yes
Upland Preservation
(Per Section 78-250)
Parkways
(Per Section 78-231)
Special Yard
Setback
(Per Section 78-186)
SITE ANI
Paloms
PUD District Regulations
(PBG LDR's)
26 acres
(Per Section 78-250)
~ ~~~ ~~~~
90 feet in width along
Central Boulevard
55 feet along Military Trail
YSIS:
'UD
Approved
Paloma PUD
26.4 acres
1 10 feet
55-feet along
Military Trail
Proposed
PUD
Amendment
No Change
No Change
No Change
Consistent
Yes
Yes
Yes
Arc hi tectu re
There are no changes proposed to the approved architectural elevations with this
application.
ParkwaylLandscape Buffers
There are no proposed changes to the parkway, preserve or buffers as part of this
application.
Project Signage
The applicant is requesting a modification to the approved entrance signage at the m io
entrance points located at the intersections of Military Trail and Victoria Falls Blvd., Elm
Avenue and Hood Road, and at the corner of Central Blvd. and Victoria Falls Blvd. This
request will require a waiver from Section 78-285, which only allows one sign per entry. At
the time of the approval of the original PUD, the applicant requested the approval for the
signs, but subsequently agreed to limit the number of signs on the entrance wall features
to only one side. Since the construction of the entry featureshigns, it has become
apparent that not having signage visible from both directions presents a problem for the
residents and the general public to locate the project . Included in this application is a
waiver request to allow the Paloma name and logo to be added to each of the entry
feature walls.
Six Foot Clear Zone
At the time of the approval of the PUD, the 6' clear zone was required to provide an
access way to the rear yards of all lots. This request was in response to concerns that
access to the rear yards for the purpose of digging, repairing, or otherwise maintaining
pools and screen enclosures could be preserved. In practice, the provision of the 6' clear
zone has presented problems for the city staff in enforcement, and interpretation of fence
setbacks and in some cases created undesirable corridors between fences. In the case of
Paloma, all single family lots and multi-family units have alternate access to the rear yards
by way of open space or buffers so the applicant is requesting that the restriction be
removed.
Pedestrian Lighting
The applicant is requesting that Condition 4, which requires the installation of pedestrian
lighting, be modified to eliminate the requirement for pedestrian lighting along Hood Road.
The requested modification is as follows:
4. The applicant shall be required to provide pedestrian scale (maximum fourteen
foot (14') height) lighting along the pedestrian pathways along Military Trail, bleed
Read, and Central Boulevard. The lighting plan for the meandering pedestrian
sidewalk within the parkway/preserve area shall be submitted within thirty (30) days
of approval. (Planning and Zoning).
The applicant has diligently pursued permitting for the lights, and has been successful with
the installation along Central Boulevard and within the community, however, they have not
been successful in getting approval from Palm Beach County to allow the lights to be
placed within the ROW along Hood Road and Military Trail. Palm Beach County has
determined that pedestrian lighting can not be permitted within the ROW, if street lighting
is not present (see attached letter). They are concerned that the pedestrian lighting,
without street lighting, would cause confusion for the drivers and that the sidewalk would
be mistaken for the roadway.
While an alternative for the Military Trail frontage has been proposed to staff which will
allow the lights to be installed within the property boundary, by modifying the sidewalk, the
alternatives of how to install the lights along Hood Road have been exhausted without
resolution.
The sidewalk along Hood Road was recently constructed by Palm Beach County, and
meanders, within the ROW, between Military Trail and Central Boulevard. The northern
boundary of the Paloma PUD along Hood Road, adjacent to the ROW, is encumbered with
30' of Seacoast Utility Authority (SUA) Easements. These easements include major water
transmission lines. SUA has indicated that the lights could be permissible in the
easements, provided the minimum separation can be maintained between the pole footer
and the pipe (see attached letter). The lights, with their footer, can not maintain the
minimum separation that is required, therefore the closest they can come to the sidewalk
is 34 to 40 feet (depending on the meander of the sidewalk). If the pedestrian lights were
to be installed south of the SUA easement, the height of the light poles would need to be
raised and the intensity of the light would need to be increased to 25 foot candles to
project enough light on the sidewalk to meet the minimum standards. These light levels
far exceed the code allowances and would cause undue hardship for the adjacent
residents .
The applicant has investigated using bollards as an alternative. While bollards might meet
the separation requirements of SUA, they would not be able to meet the light level
requirements on the sidewalk as it meanders away from the ROW line. In addition,
bollards present a safety glare hazard for drivers and are discouraged by the lighting
professionals.
The applicant has already purchased the lights, and has been prepared to install them for
over a year. However, as an alternative, the applicant investigated purchasing direct
burial poles which would not have the same size footer requirements. The only direct
burial poles that are available are concrete and do not match the existing poles. The
concrete poles present an extra weight which could create issues with regard to their
proximity to the SUA lines, and esthetically would not be an acceptable alternative. In
addition, in some cases, due to soils conditions and wind load requirements, footers could
be required which would need to meet the separation requirements for the SUA lines.
The applicant is prepared, and anxious, to install the lights, they have, however,
exhausted all possible alternatives with regard to securing approval for the permitting of
the lights within the ROW and have no alternative but to ask for relief from this
require men t.
Waivers
The applicant is requesting a waiver from Section 78-285, Table 24:Permanent Signs, to
allow the Paloma name to be added to each of the main entry feature walls located at the
three intersections of Military Trail and Victoria Falls Blvd., Elm Ave. and Hood Road, and
Victoria Falls Blvd. and Central Blvd. The proposed addition will allow the residents and
the general public to find the project more easily and will help to eliminate confusion on the
roadways. Currently the project name is only on one side of the Hood Road and Military
Trail intersections and not on the Central Blvd. intersection at all. As a result, the project
name is only visible from one direction or not at all. This has caused concern with regard
to emergency vehicles, visitors and deliveries. This request is consistent with the entry
signs of several residential communities in the area including Frenchman’s Reserve, San
Michele, PGA National, Bent Tree and Mirasol. Please see the attached photographs of
the entry signage for these communities.
This project is unique in it’s configuration with regard to how the Thoroughfare Plan public
roadways were required and have split the overall property into three separate and distinct
parcels. It is the applicants desire, in accordance with the intent of the code, to provide a
comprehensive signage program to help “facilitate an easy and pleasant communication
between people and their environment.” The entry features have been designed in an
effort to compensate for the roadway configuration and to try and unify the community.
The gateways, archways and benches help to provide additional incentives for pedestrian
connectivity and encourage interaction among the residents. It is our intent that the entry
features, logos and other elements will provide a cohesive common theme along the
public roadways to re-enforce and establish a sense of community. By allowing the
Paloma name on the entry feature walls it will be much more esthetically pleasing, be
consistent with the community theme, be consistent with similar residential communities,
and provide clear communication to the those trying to find the project.
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PGA NATIONAL
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Depart ni en t of En gin e e r in g
and Public Works
P.0. Box 2 1225
West Palm Beach, FL 3341 6- 1229
(561) 684-4000
WWIV pbcgov.com
Palm Beach County
Board of County
Corn m iss ione TS
Addie L. Greene. Chairperson
Jeff Koons. Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
@ pnnled on recycled paper
October 1, 2007
myle Englr,tfiillij 1 ~LI,). No. 2005 Mr. James Orth, PE, Assistant City Engineer
City of Palm Beach Gardens
LBFH, Inc Palm Citv
3550 SW Corporate Parkway
Palm City, FL 34990
RE: PALOMA DEVELOPMENT, HOOD ROAD AND MILITARY TRAIL,
CITY OF PALM BEACH GARDENS - PERMIT REQUEST FOR
PEDESTRIAN LIGHTING IN R-0-W
Dear Mr. Orth:
Per your request, this is a formal response to the request for pedestrian lighting
received by Palm Beach County for the Paloma development by Urban Design
Studio (UDS). We have reviewed the attached plans submitted by UDS to install
pedestrian lighting within County Rights-of-way, adjacent to the referenced
development. The Traffic Division has spent a tremendous amount of time in
trying to find something that supports putting pedestrian lighting without first
lighting the road and has been unsuccessful. The plans submitted are not
signed/sealed and do not represent standard roadway lighting design. Moreover,
the scheme of this lighting effort does not conform to Palm Beach County lighting
standards, which follow the Florida Department of Transportation lighting criteria
for major roadways (County thoroughfare roads under this criteria shall be
provided roadway lighting).
Within municipal boundaries, local governments are responsible for providing, or
requesting developers to provide, roadway lighting, given the franchise fees that
are collected for their use. Municipalities have the option of installing a Florida,
Power & Light Company (FPL) lighting system or decorative poles at their
expense. Once permitted and installed, the roadway lighting also becomes the
operation and maintenance responsibility of the local government.
Should the City wish to incorporate roadway lighting into the decorative lights
proposed behind the sidewalk, I think a permit could be considered. Given we
are continually asked about the absence of lighting along Military Trail, please
Page Two
October 1, 2007
James Orth, PE
update us on the City’s plans for lighting Military Trail from PGA Boulevard up to
Donald Ross Road, as well as any plans for lighting Hood Road.
Should you have any questions about this issue, please contact our office.
Otherwise we await your update on future plans to light Military Trail and Hood
Road.
Sincerely,
Amy Harris, PE
Special Projects Manager
AH:AMS:cp
Attachment: Proposed plans
cc: Ken Rogers, PE- Land Development Director
Dan Weisberg, PE - Traffic Director
File: MUNI: Palm Beach Gardens
ROADS: Hood Road, Military Trail
EXECUTIVE OFFICE
Seacoast Utility Authority Maiiing Address:
P.O. Box 103602
Palm Beach Gardens,
Florida 33410-9602
Ms. Anne Bootli
Urban Design Studio
477 South Roseiiiary Avenue
Suite 225
West Pahi Beach, FL 33401
Dear Ms. Booth:
RE: Paloma Pedestrian Lights
Following up on our telephone coiiversatioii concerning the pedestrian lights for Hood Road, please
be advised that the light poles cannot be placed iii the 30' Seacoast transmission main easement as
required setbacks froin the mains cannot be maintained.
Please call if you required additioiial inforiiiatioii.
Sincerely,
SEACOAST UTILITY WTHORITY
Biuce &egg
Director of Operations
cc: R. Bishop
J. Callagliaii
J. Lance
4200 Hood Road, Palm Beach Gardens, Florida 3341 0-21 98
Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / FAX (561) 624-2839
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RESOLUTION 43,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE PALOMA
PLANNED UNIT DEVELOPMENT (PUD), GENERALLY LOCATED
SOUTH OF HOOD ROAD, WEST OF MILITARY TRAIL, EAST OF
CENTRAL BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE
HIGHWAY 95, AND NORTH OF THE SABAL RIDGE PLANNED
UNIT DEVELOPMENT (PUD), AS DESCRIBED MORE
PARTICULARLY HEREIN, TO MODIFY A CONDITION OF
REQUIREMENT AND ADD SIGNAGE AT THE THREE MAIN
ENTRANCES; PROW Dl NG WAIVERS; PROVIDING CON DlTlONS
OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
APPROVAL TO DELETE THE SIX-FOOT CLEAR ZONE
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, the City of Palm Beach Gardens received an application (PUDA-07-
08-000009) for the removal of the requirement for pedestrian lighting along Hood Road,
the removal of the requirement from the setback chart for a six-foot clear zone for
access between the single-family homes, and a request for a waiver to allow additional
entry signage for the project on an approximately 156.47-acre site, generally located at
the southwest corner of Hood Road and Military Trail, which lies within the municipal
boundaries of the City of Palm Beach Gardens, as more particularly described herein;
and
WHEREAS, the subject site has been zoned to Planned Unit Development
(PUD) Overlay with an underlying zoning of Residential Low (RL-3); and
WHEREAS, on January 6, 2005, the City Council adopted Ordinance 39, 2004,
which rezoned the Paloma property from Planned Development Area (PDA) to PUD,
with an underlying zoning of Residential Low3 (RL-3); and
WHEREAS, on January 6, 2005, the City Council adopted Resolution 196, 2004,
which approved the master site plan for the Paloma PUD and allowed 199 single-family
homes and 196 multi-family units to be constructed on three parcels; and
Date Prepared: June 9, 2008
Date Prepared: June 9, 2008
Resolution 43, 2008
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WHEREAS, the proposed amendments were reviewed by the Planning, Zoning,
and Appeals Board at a public hearing conducted on May 13, 2008, which
recommended approval of the proposed amendments to the City Council with 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.
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 Paloma Planned Unit Development
(aka Parcel 31 B), as amended by application PUDA-07-08-000009, is 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:
PALOMA PLAT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
COUNTY, FLORIDA.
BOOK 108, PAGES 144-159 OF THE PUBLIC RECORDS OF PALM BEACH
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers:
1. Waiver to Section 78-441 (c), Plat, to allow the issuance of permits for
model homes for the project prior to adoption of the plat. The City’s Land
Development Regulations require adoption of a project plat prior to the
issuance of permits for development.
2. Waiver to Section 78-141, Minimum /of area, to allow a reduction in the
minimum lot area to 3,220 square feet for the townhomes and 6,000 square
feet for the single-family homes. The City’s Land Development Regulations
require a minimum lot area of 6,500 square feet.
3. Waiver to Section 78-141, Minimum /of widfh, to allow a reduction in the
minimum lot width to 28 feet for the townhomes and 50 feet for the single-
family homes. The City’s Land Development Regulations require a
minimum lot width of 65 feet.
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Date Prepared: June 9, 2008
Resolution 43, 2008
Waiver to Section 78-1 41 , Maximum lot coverage, to allow an increase in
the maximum lot coverage to 50% for the townhomes and 45% for the
single-family homes. The City’s Land Development Regulations require
minimum lot coverage of 35%.
Waiver to Section 78-141 , Minimum side setback, to allow a reduction in the
minimum side setback to 7.5 IO feet for the townhomes and 5 feet for the
single-family homes. The City’s Land Development Regulations require a
minimum side setback of 7.5 feet or 10% of the lot width, whichever is
greater.
Waiver to Section 78-141 , Minimum rear setback, to allow a reduction in the
minimum rear setback to 5 feet (screenddecks) for the townhomes and 5
feet (screenddecks) / 7 feet (pool) setbacks for the single-family homes.
The City’s Land Development Regulations require a minimum rear setback
of 10 feet.
Waiver to Section 78-285, Signs for residential development, to allow a
double-faced sign within the entry median to each residential parcel. The
City’s Land Development Regulations allow one sign face.
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8. Waiver to Section 78-285, Signs for residential develoment, to allow two
entrv signs per entw. The Citv’s Land Development Regulations allow one
residential sign per entrv.
9. Waiver to Section 78-182, Table 1, Foot-candle standards, to have no
liqhting for the pedestrian pathwav along Hood Road. The Citv’s Land
Development Regulations requires a minimum averaae of 1.0 fc for
pathwavs and pedestrian open areas.
SECTION 4. The Planned Unit Development is approved subject to the following
conditions, which shall be the responsibility of the Applicant, its successors, or assigns:
Landscapinq and Maintenance
1. Landscaping and irrigation within medians and adjacent roadway shoulders for
Military Trail, Central Boulevard, and Hood Road shall be installed within six (6)
months of the issuance of the first clearing permit. A one-time six (6) month
extension to complete buffer and improvements may be granted by the Growth
Management Director upon review of sufficient justification. The Growth
Management Department shall inspect the supplemental planting for the preserve
areas and buffers where voids in groundcover and shrubs occur in order to screen
the project. The City Forester and Landscape Architect of Record shall work
together on a plan, if necessary, to fill any voids with additional landscaping, as
required, achieving said screening for the preserve area. (City Forester)
(SATISFIED)
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Date Prepared: June 9, 2008
Resolution 43, 2008
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Landscaping and irrigation within medians and adjacent roadway shoulders for the
East-West Roadway and the North-South Roadway shall be installed prior to the
issuance of the first Certificate of Occupancy. A one-time six (6) month extension
to complete the buffer improvements may be granted by the Growth Management
Director upon review of sufficient justification. (City Forester) (SATISFIED)
The Applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders, as well as
the maintenance of lighting and hardscape within those sections of public rights-of-
way adjacent and/or contiguous to the Paloma Planned Unit Development (PUD),
including :
a. Military Trail from the southern terminus of the site to Hood Road. The
Applicant shall pay the City its pro-rata share of the total cost of maintenance of
the median. (ONGOING)
b. Hood Road from Military Trail to Central Boulevard. The Applicant shall pay the
City its pro-rata share of the total cost of maintenance of the median.
(ONGOING)
c. The internal East-West Roadway and North-South Roadway within the internal
limits of the Planned Unit Development. (ONGOING)
d. Central Boulevard from Hood Road to the southern terminus of the site. (City
Forester) (ONGOING)
The Applicant shall be required to provide pedestrian scale (maximum fourteen
foot (14’) height) lighting along the pedestrian pathways along Military Trail, and
Central Boulevard. The lighting plan for the meandering pedestrian sidewalk within
the parkway/preserve area shall be submitted within thirty (30) days of approval.
(Planning & Zoning) (SATISFIED)
The Applicant shall place all utility lines underground along Military Trail and any
utility lines along Central Boulevard that cross City roadways. (City Forester,
Planning & Zoning) (SATISFIED)
Development Order Condition No. 3 may be amended by separate agreement with
the City. (City Forester)
Within six (6) months of the issuance of the clearing permit, the Applicant shall
replace all existing Ribbon Palms with Sabal Palms within the adjacent Military
Trail medians. (Planning & Zoning) (SATISFIED)
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Date Prepared: June 9, 2008
Resolution 43, 2008
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8. The recreation area in Parcel B (including, but not limited to, building facilities,
pool, landscaping, hardscape, and accessory structures) and the entry road
landscaping for Parcels A and B (pod of development) shall be completed and
Certified for Occupancy prior to the issuance of the Certificate of Occupancy for
the ninety-eighth (98th) residential unit within Parcels A and 6 combined. The
recreation area and entryway improvements in Parcel C shall be completed prior to
the issuance of the Certificate of Occupancy for the one hundredth (looth)
residential unit in Parcel C. (City Forester) (ONGOING)
9. Prior to the issuance of the final Certificate of Occupancy, the Applicant shall
remove all exotic vegetation from the preserve areas. No non-native plant may be
established in a preserve area. (City Forester) (SATISFIED)
Transportation I Traffic Concurrencv
IO.
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The project build-out date is December 31 , 2007. (City Engineer) (SATISFIED)
The Applicant shall comply with any and all Palm Beach County Traffic
Division Concurrency conditions as outlined in the PBC Traffic Concurrency
approval. (City Engineer) (ONGOING)
No more than 3,260 net new external daily trips shall be permitted until the contract
has been let for the construction of Kyoto Gardens Drive from Military Trail to
Alternate AIA. (City Engineer) (SATISFIED)
The Applicant, successors, or assigns shall monitor traffic operations studies
(supplemental operations analysis) of the East-West Roadway and Military Trail
intersection beginning during peak season after the issuance of the first Certificate
of Occupancy and every six (6) months thereafter until the build-out date. Should
the study indicate a need for any roadway/intersection improvements as
determined by the City Engineer, the Applicant, successors, or assigns shall be
responsible. The City shall reimburse the Applicant for the cost of any roadway
improvements to the extent that the City collects pro-rata funds from other
developments having an impact on the intersections as determined in their
development orders. (City Engineer) (ONGOING)
For all improvements that are not assured construction, the developer shall enter
into a Public Facility Agreement (PFA) with Palm Beach County for funding of the
roadway improvements in a form acceptable to the County Engineer, within six (6)
months of the issuance of the development order and before the first permit is
issued. (Palm Beach County) (SATISFIED)
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Date Prepared: June 9, 2008
Resolution 43, 2008
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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 prior
to the anniversary of the Development Order approval of each year. (City
Engineer) (ONGOING)
Upon receipt of this 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, but not limited to,
the compliance or status of any conditions of approval placed on the project by this
approval and any future approval until the project is completed, as well as a
summary of completed construction and schedule of proposed construction over
the remaining life of the development order. (Planning & Zoning, City Engineer)
(ONGOING)
Commencing after the issuance of Certificates of Occupancy for fifty percent (50%)
(1 97 dwelling units) of the residential units, the Applicant shall perform and submit
an annual Signal Warrant Study for the intersection of the East-West Roadway and
Military Trail. The methodology of the traffic analysis shall be determined by the
City Engineer. The annual traffic analysis shall be conducted until such time as
signals are warranted at the above-described intersections or until two (2) years
after the issuance of Certificates of Occupancy for ninety percent (90%) (355
dwelling units) of the project. Should the Signal Warrant Study indicate a need for
a signal at the East-West Roadway and Military Trail, the Applicant, successors, or
assigns shall be required to install the signal. The signal shall be installed to be
fully operational, including all appropriate lane geometry (as determined by Palm
Beach County and the Florida Department of Transportation), pavement markings,
signage, and lighting. The City shall reimburse the Applicant for the cost of the
signal and installation to the extent that the City collects pro-rata funds, as
determined by the City Engineer, from other developments having an impact on
the intersections as determined in their development orders. (City Engineer)
(ON GO I NG)
The plats for Paloma, the North-South thoroughfare, and the East-West
thoroughfare, including the dedications for the drainage easements and roadway
easements, shall be submitted to and approved by the City and placed in the
official record books of Palm Beach County prior to the issuance of the first
building permit, excluding clearing permits and model homes. (City Engineer)
(SAT1 S F I ED)
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Date Prepared: June 9, 2008
Resolution 43, 2008
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19. The Applicant, successors, or assigns shall pay their fair share (pro-rata share) for
a traffic light as determined by the City Engineer when one is warranted and
approved by Palm Beach County for the intersection of the East-West roadway
and Central Boulevard. (Planning & Zoning) (ONGOING)
20. Prior to the issuance of the first Certificate of Occupancy, the East-West
thoroughfare (from Military Trail to Central Boulevard) and the North-South
thoroughfare (from Hood Road south to the southern terminus of the western
entrance of Parcel C) must .be completed (including irrigation, hardscape, and
landscaping) and accepted by the City. (City Engineer, City Forester)
(SATISFIED)
Crime Prevention Throuah Environmental Desiqn (CPTED)
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The Applicant shall provide metal halide lighting within the entire amenity
(recreation) area and along the entryway leading into the recreation area. The
Applicant may provide high-pressure sodium lighting within the remainder of the
residential community. (Police) (SATISFIED)
The Applicant shall construct the development in accordance with Crime
Prevention Through Environmental Design (CPTED) principles, which consist of
the following:
a. Landscaping shall not conflict with lighting, including long-term tree growth.
(SAT1 SF IED)
b. A timer clock or photocell sensor engaged lighting shall be installed above or
near entryways to residences and all sidewalks. (SATISFIED)
c. Pedestrian walkways shall use lighting that is no greater than fourteen (14) feet
in height. (SATISFIED)
d. Numerical addresses shall be illuminated for nighttime visibility, shall have bi-
directional visibility from the roadway, and shall be a minimum of six (6) inches
in height. (Police) (SATISFIED)
37 Miscellaneous
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41 a. Provide a street address system depicting street names and residential
42 numericals for emergency response purposes. Address system depiction shall
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23. Prior to the issuance of any building permit, the Applicant shall:
be in 8.5 X 11” map format. (Police) (ONGOING)
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Date Prepared: June 9, 2008
Resolution 43, 2008
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b. Install and have operational temporary roadways and fire hydrants approved by
the City Engineer and Fire Department for all of the dry models. (Engineering,
Fire). (SATISFIED)
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)
(0 NGO I NG)
Prior to the issuance of the first Certificate of Occupancy of a residential unit, the
Applicant shall submit the Master Property Owners Association and Homeowners
Association documents to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County. (City
Attorney) (SATISFIED)
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) (SATISFIED)
Prior to the issuance of the first Certificate of Occupancy, the Applicant,
successors, or assigns shall install an aeration system within all lakes located
within the subject project and shall bear the perpetual responsibility of
maintenance of such system. (Planning & Zoning) (SATISFIED)
Ennineering
28. Six (6) months after the issuance of the first residential building permit and
semiannually thereafter until the 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. (City Engineer)
(ONGOING)
29. The Applicant shall provide all necessary construction zone signage and fencing
as required by the City Engineer. (City Engineer) (SATISFIED)
30. The Applicant shall submit construction plans for City review and approval and
surety for demolition and lien protection prior to the issuance of the building permit
for any dry models. Prior to occupancy, the plat shall be approved and
construction of a stabilized emergency access drive shall be completed and
accepted by the City Engineer and City’s Fire Department. The following standard
dry model conditions of approval apply:
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Date Prepared: June 9, 2008
Resolution 43, 2008
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a.
b.
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Prior to the issuance of the first building permit, the Applicant shall post a letter
of credit for the model units in the amount of one-third (1/3) the construction
cost per model for the purposes of demolition and lien protection, to be
determined by the City Engineer, to remain in effect until the plat is recorded.
(City Engineer) (SATISFIED)
No access by the general public shall be allowed to a model home until the
Certificate of Completion is issued. (Code Enforcement) (SATISFIED)
No individual lots shall be allowed to transfer title until the plat has been
recorded. (City Engineer) (SATISFIED)
The Applicant acknowledges that the waiver granted from the platting
requirement is at the Applicant’s risk and that any potential construction
changes to the model homes due to the eventual plat recordation is the sole
responsibility of the Applicant. (City Engineer) (SATISFIED)
Prior to the issuance of the first Certificate of Occupancy for the model units,
the Applicant shall construct accessible and operational fire hydrants and a
stabilized road base, subject to City standards, for firelemergency access, both
of which shall be approved by the City Engineer and Fire Department. (City
Engineer, Fire Rescue) (SATISFIED)
31. Prior to the issuance of the first building permit, the applicant shall provide
construction plans of the Temporary Sales Center and Temporary Construction
Center for review, and shall provide a cost estimate for City review and approval
for demolition and lien protection. (City Engineer) (SATISFIED)
32. Prior to the issuance of the first building permit, the Applicant shall provide a
pavement marking and signage plan for review and approval. (City Engineer)
(SATISFIED)
33. Prior to the issuance of the first building permit, including the building permit for
clearing and grubbing, the applicant shall provide drainage calculations and design
data, to the satisfaction of the City Engineer, for the suitability of the 20-foot and
25-foot pass-through drainage easements from lands lying south of the Sable
Ridge subdivision to the canal right-of-way. (City Engineer) (SATISFIED)
34. Prior to Construction Plan review, the Applicant shall provide a Paver Block /
Concrete Ribbon detail for review meeting the City’s structural number
requirements in accordance with LDR Section 78-499. (City Engineer)
(SATISFIED)
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Date Prepared: June 9, 2008
Resolution 43. 2008
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SECTION 5. The Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
A XC C&&cI
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3-
UL P. I=- nR 03 mg! SQ ?
I ““. L.L” I 1
4-&
Paloma Overall Site Plan, Site Data & Details. 02.15.2008, UDS, Sheets 1 through 1.
- 7.
Paloma Gatewav & Entrance Details, 02.22.2008. UDS, Sheets SD-1 through SD- - 10.
Paloma Parcel A, B & C Entrance Planting Plan, Common Area, & Prototype
Landscaping/Planting Plans, 08.02.2004, Sheets L1 through L21.
4. Buffer Plans, 06.1 1.2004, UDS, Sheets L-01 through L-14.
5. Single-Family Product Design 2142, 11.10.04, Harrington, 4 sheets.
6. Single-Family Product Design 2790, 1 1.10.04, Harrington, 4 sheets.
7. Single-Family Product Design 2641 , 11.10.04, Harrington, 4 sheets.
8. Single-Family Product Design 301 7, 11.10.04, Harrington, 4 sheets.
9. Single-Family Product Design 3325, 11.10.04, Harrington, 4 sheets.
10. Single-Family Product Design 3521 , 11.10.04, Harrington, 4 sheets.
11. Townhome Product Design “A, 11.01.04, Harrington, 8 sheets.
12. Townhome Product Design “B”, 11.01.04, Harrington, 8 sheets.
13. Townhome Product Design “C”.
14. Design Guidelines for Paloma Single-Family Homes, 2 pages.
15. Design Guidelines for Paloma Townhomes, 1 page.
2.
3.
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.
10
Date Prepared: June 9, 2008
Resolution 43, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR LEVY
---
---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
$-
G:\attorney-share\RESOLUTlONS\paloma pud amend - reso 43 2008.docx
11
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 3,2008
Meeting Date: July 17,2008
Resolution 52,2008
Su bject/Aqenda Item:
Resolution 52,2008: RCA Center Planned Unit Development Signage Plan
Consideration of Approval: A request by Cotleur & Hearing, agent, on behalf of Seaside
National Bank & Trust, for approval of amendments to the signage plan for the RCA Center
Planned Unit Development (PUD), a Mixed Use development also known as Parcel 5B and
PGA Professional & Design Center. The parcel is located at the southeast corner of PGA
Boulevard and RCA Boulevard.
[ X ] Recommendation to APPROVE TENANT SIGN ON SOUTH ELEVATION
X 1 Recommendation to DENY SIGN ON NORTH ELEVATION OF GARAGE I
Reviewed by:
Development Compliance:
Bahareh K. Wolfs. AlCP
Growth Management
Kara Irwin, AlCP
Approved By:
RonaI@.@rris
/
Originating Dept.:
Growth Management:
Manager
[ X ] Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[XI Not Required
~
Public Notice:
f-f- Yes
[ X ] Not required
Finance Dept.:
Allan Owens
Administrator
N/A
Senior Accountant: T-
Tresha Thomas
Fees Paid: [ V] Yes
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ]Approved with
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Applicant's Narrative &
Justification
Location Map & Site
Plan
Proposed Signage
Elevations
0 Signage Plan Notes
Resolution 57, 2007
Date Prepared: June 3,2008
Meeting Date: July 17,2008
Resolution 52,2008
EXECUTIVE SUMMARY
The applicant is requesting waivers to allow two tenant signs for Seaside Bank & Trust to
be displayed above the second floor lines of the north and south elevations of Building 12
within the RCA Center Planned Unit Development (PUD). The north portion of Building 12
is a five-story parking garage, and the south portion of the building consists of three levels
of commercial tenant bays with separate exterior entrances from balcony/arcades.
At its meeting of May 27,2008, the Planning, Zoning, and Appeals Board (PZAB) voted 5-0
to recommend DENIAL of the tenant sign proposed for the north wall of the parking
garage. The Board stated it would set a bad precedent to allow signs to be displayed on
parking structures. The PZA Board recommended APPROVAL of the tenant sign proposed
for the south elevation above the bank’s entrance on the second level.
Staff recommends DENIAL of the waiver request to display a wall sign on the north
elevation of the parking garage because it does not comply with the intent of the City Code
or the development order for this project. The proposed sign would not serve as a building
identification or principal tenant sign, nor is it affixed to the tenant bay it is intended to
identify. It is staffs professional opinion that the parking garage functions as an accessory
use for the PUD, and the City Code does not allow signage on accessory structures.
Staff recommends APPROVAL of the waiver request to display a sign on the south
elevation above the second floor line because this sign is affixed directly above the banks
tenant space it identifies. Because this second floor entry is the only entrance to the bank,
this sign will serve to identify the exact location of the bank as intended by City Code.
BACKGROUND
Resolution 216, 2004 was adopted by the City Council on December 16, 2004, which
approved the mixed-use Master Development Plan for the RCA Center Planned Unit
Development (a.k.a. Parcel 5B and/or PGA Professional and Design Center). The
approved development plan is comprised of 12 buildings, including a future Tri-Rail Station
on the east side of the site and a conceptual future parking garage on the southwest
portion of the site. To date, only Buildings 1 , 2, 9, IO, 1 I, and 12 have been constructed.
This development order approval also included waivers and conditions related to signage.
(Please see attached Sheet A12, Signage Plan Notes.)
Resolution 26, 2006 was adopted by the City Council on May 4, 2006, and amended the
Master Development Plan and modified certain conditions, allowed a reallocation of square
footage between certain buildings, revised footprints and elevations of certain buildings,
added a parking structure, and other minor changes to the site and landscape plans.
2
Date Prepared: June 3,2008
Meeting Date: July 17,2008
Resolution 52,2008
Resolution 57,2007 was adopted by the City Council on June 21,2007, and amended the
signage package for the RCA Center by allowing an increase in the size of the Catalfumo
sign on Building 1 and the display of an additional building identification sign for Robb &
Stucky Interiors on the west elevation of Building IO.
The previously adopted Resolution 57, 2007 limits signs located above the first story to
principal tenants or building identification signs. (Note: According to the City Code,
principal tenant means an occupant of either the entire building or a portion of a building,
identified specifically at time of sign construction by the developer to be the principal
tenant. The applicant has not identified this tenant as a ‘principal tenant.”) According to
conditions and waivers previously approved, wall signs depicted on the approved building
elevations are indicative only of possible locations for wall signs. The number of signs per
building shall be determined by the number and location of tenants within each building.
Furthermore, Condition No. 40 of Resolution 57,2007states, in part, that retail ground floor
users shall be allowed a maximum of two signs per tenant, provided the signs are affixed
directly to the elevation of the tenant bay they identify.
LAND USE AND ZONING
The subject site is zoned Mixed Use Planned Unit Development (MXD PUD) with an
underlying zoning of Mixed Use (MXD). The future land-use designation of the site is
Mixed Use (MXD).
REQUEST
The applicant is requesting waivers to allow two tenant identification signs with logos for
Seaside Bank & Trust to be displayed above the second floor lines on the north and south
elevations of Building 12. This building is comprised of a five-level parking garage on the
north side which merges with a three-story retail building on the south side of the parking
garage. The retail portion of the building has arcade walkways on each level, which
provide access to the individual tenant bays. The applicant states Seaside Bank 8, Trust
occupies more than one-half of the second floor of Building 12. The only entrance to the
bank is directly from the second-floor balcony/arcade.
The tenant sign proposed for the parking garage facade is to be displayed on the top level
of the north elevation overlooking PGA Boulevard. The proposed sign measures 22 inches
high by 106 inches long, for a total of 16.1 6 square feet. These dimensions are less than
the 90 square feet and 24-inch height allowed by the City Code. The internally illuminated
letters will be Navy Blue with a Navy Blue and Off-white seashell logo. The previously
approved signage plan allows navy blue, black, or bronze faces.
An identical tenant sign is proposed to be displayed on the south elevation directly above
the bank’s outside entrance on the second floor.
3
Date Prepared: June 3,2008
Meeting Date: July 17,2008
Resolution 52,2008
City Code
Section 78-
285:
FlaWVall Sign
for Ground
Floor Users
Section 78-
285:
FlaWVall Sign
for Ground
Floor Users
Waivers Reauested
Code Criteria
3ne (1) sign per
tenant space or bay;
Sign must face ROW
or primary entrance;
Signs shall not be
ocated above second
‘loor line or above
building parapet.
One (1) sign per
!enant space or bay;
Signs shall not be
ocated above second
‘loor line or above
building parapet
Proposed
One tenant sign
located above 2”d
floor line on north
elevation of parking
garage
One tenant sign
located above 2nd
floor line on south
elevation
Waiver
One sign
displayed above
2“- floor line on
north elevation of
parking garage
To allow tenants
with separate
entrances above
the ground floor
to display signs
above 2nd-floor
line
Staff
Recommendation
(1) Denial
(2) Approval
(1 ) Applicant‘s Justification - North Siqn:
“The purpose of the signs is to ensure awareness on PGA Boulevard and within the
PUD where Seaside National Bank & Trust is located. Currently, there is no signage
indicating Seaside National Bank’s location. The part of the building which fronts PGA
Boulevard is a parking garage. From this thoroughfare, the office element of the
building is unidentifiable. Access to the bank is from the interior of the site. In addition
to this disadvantage, the building address sign, the street sign and the street on which
the building is located is interior to the site as well. There is no way for a person to
know that the street or the office exists from PGA Boulevard unless they enter the
Design Center. An exhibit has been included with this application which identifies the
location of the bank in relation to PGA Boulevard as well as the existing signage. The
two signs requested are truly critical to the way-finding of this vital business.”
The applicant further states, “This sign location will provide an awareness of commerce
within the design center. Currently there is no signage on PGA Boulevard that identifies
the center other than the Catalfumo building sign. The parcel has significant frontage
on PGA Boulevard but does not have a monument sign or wall sign encouraging
vehicular traffic to enter the site. The monument sign approved for the property is
located on RCA and does not identify Seaside Bank.”
“The location of this sign is important because of the dynamics of the building in which
Seaside is located within. During the site plan approval process for the Design Center,
the property owner worked with the city to come up with an innovative way for office
space to coexist along side a parking garage and for a parking garage to look like an
office building. After much deliberation, the property owner revised the site plan to
propose one building that included both usable space as well as parking. Much like the
4
Date Prepared: June 3,2008
Meeting Date: July 17,2008
Resolution 52,2008
Neo-traditional design approach, lining office space on parking garages is very
sustainable for development and practical for tenants and visitors. The parking
garage/office building was permitted and built as one structure. The structure looks and
feels, on all elevations, like an office building. If the structure were entirely usable
space and did not include a parking garage, the applicant would be able to place a sign
on the elevation facing PGA Boulevard. To prohibit the property owner to place a sign
on the PGA elevation of the building is to reprimand the applicant for their innovative
design . I’
“The property owner chose to locate the office storefronts on the south side of the
building due to an off-site topographic conflict. The height of the building where the
office element is located does not exceed the height of the PGA fly-over. The height of
the garage element of the building would surpass the height of the PGA flyover. This
provides a hardship for the tenants of the building because their storefronts face
internal to the site, versus facing the central corridor, PGA Boulevard. Typically, this
location is not beneficial for business. The applicant, Seaside Bank, has had clients
who could not find their office because they did not realize that the garage was the
b u i Id in g . ”
(Please note: Access to this building is not directly off of PGA Boulevard. Instead,
motorists enter the site at Professional Center Drive off of RCA Boulevard.)
Staff Analysis - North Siqn:
Staff does not support the display of tenant signage on the parking structure elevations
for the following reasons:
Section 78-284(h)( 1 5), Prohibited signs and prohibited sign locations, states
signs attached to accessory structures are prohibited in the City. Although
the parking structure is joined with the retail portion of Building 12, it is staffs
professional opinion that the parking garage functions as a separate
accessory use that the applicant chose to locate adjacent to PGA Boulevard.
0 No tenant bays exist within the parking garage structure; therefore, the sign
proposed for the north elevation would not be affixed directly to the elevation
of the tenant bay it is intended to identify (Condition No. 40, Resolution 57,
2007);
0 Unless a waiver is granted, the City Code allows onlyone sign per tenant bay
for ground floor users. The applicant is also requesting one tenant sign for
the bank on the south elevation;
The proposed tenant sign on the north parking garage elevation does not
face the right-of-way that provides direct access to the development, nor
does it face the primary entrance to the development off of RCA Boulevard
as required by Code. Direct access to this building is not from PGA
5
Date Prepared: June 3,2008
Meeting Date: July 17,2008
Resolution 52,2008
Boulevard, where the tenant sign would be displayed. Access to this building
is from Professional Center Drive off of RCA Boulevard; and
0 The tenant sign proposed for the north elevation of the garage would be
located above the second-floor line, which is not allowed by Code.
It is staffs goal to protect and uphold the integrity of the PGA Boulevard Corridor by
remaining consistent with the requirements and intent of Section 78-221 of the
City’s Land Development Regulations (LDRs). It is staffs professional opinion that
tenant signs should not be displayed on retail buildings in locations that are not
adjacent to the elevation of the tenant bay it identifies. To do so, would be an
undesirable departure from the original intent of the Code and, furthermore, would
contribute to the demise of the unique and special identity of the PGA Boulevard
Corridor. Staff does not support this waiver request.
(2) Applicant’s Justification - South Sign:
“The applicant, Seaside Bank, occupies the majority of the second floor of the
building. The main entry to the bank is located directly above the vehicular entrance
to the garage. Seaside is the “first-floor user” for this segment of the building. A first
floor user in the location of the garage entry would normally be permitted signage
by right. Seaside bank is requesting this same privilege.”
“The property owner does not propose any other tenant signage above the first floor
line. The Seaside Bank sign will be the only sign on the second floor. This is a
reasonable statement considering the tenant occupies the majority of the second
floor. It would not be appropriate or sensible to place a second floor tenant sign on
the first floor.”
Staff Analvsis - South Siqn:
The development order (as amended by Resolution 57, 2007) for this Mixed-Use
PUD allowed retail ground-floor users to have a maximum of two signs per tenant,
provided the signage is affixed directly to the elevation of the tenant bay it identifies.
Inasmuch as the upper stories of this building have individual tenant entrances that
are accessed from covered arcades, it is staffs opinion that these upper levels were
intended to function as though they were on the ground floor; i.e., for those retail
tenants on the upper levels to have signs above their entrances in order to identify
the location of each business. In this regard, the applicant has previously submitted
an administrative approval application to allow blade-type signs to be suspended
from the ceilings of the arcades in front of each tenant bay on the south side of the
building .
The Seaside Bank wall sign for the south elevation is proposed to be displayed
directly above bank’s entrance on the second level. Because this second floor entry
is the only entrance to the bank, this sign will serve to identify the proper location of
6
Date Prepared: June 3,2008
Meeting Date: July 17,2008
Resolution 52,2008
the bank. It is staffs opinion that this is an acceptable location and does not conflict
with the original intent of the development order. Staff has no objection to this
waiver request.
PLANNING, ZONING, AND APPEALS BOARD COMMENTS
At its meeting of May 27,2008, the Planning, Zoning, and Appeals Board reviewed Petition
MISC-08-02-000039 and voted 5-0 to recommend DENIAL of the tenant sign proposed for
the north wall of the parking garage. The Board recommended APPROVAL of the tenant
sign proposed for the south elevation above the banks entrance on the second level. The
Board members commented it would set a bad precedent to allow signs to be displayed on
parking garages.
STAFF RECOMMENDATION
Staff recommends DENIAL of the request to display a wall sign on the north elevation of
the parking garage. The proposed sign would not serve as a building identification or
principal tenant sign, nor is it affixed to the tenant bay it is intended to identify as specified
in the development order. In staffs opinion, the parking garage functions as an accessory
use for the PUD, and the City Code does not allow signage on accessory structures.
The attached Resolution 52,2008 reflects staffs recommendation for APPROVAL of the
request to display a sign on the south elevation above the second floor line because this
sign is affixed directly above the bank’s tenant space which it identifies. Because this
second floor entry is the only entrance to the bank, this sign will serve to identify the exact
location of the bank as intended by City Code.
JackielCase Files/PGA Professional & Design CenterIStaff report PZAB Seaside Signage.doc
7
February 11,2008
Revised April 11, 2008
Revised April 24, 2008
RCA Center PUD
(a.k.a. Parcel 58)
Miscellaneous Petition
INTRODUCTION
Seaside National Bank & Trust is seeking approval for a Miscellaneous Petition request
for the RCA Center Planned Unit Development (a.k.a. Design Center), generally bounded
by the PGA flyover to the North, the Florida East Coast (FEC) Railway to the East, the
Gardens Station PUD to the South, and RCA Boulevard to the West. The request is to
allow minor changes to the approved signage plan; providing additional waivers; and
providing an effective date. The applicant is currently requesting two (2) additional
tenant identification wall signs specifically for building twelve (12) within the PUD. The
request for the signs is provoked by the location of the subject building in which Seaside
Bank will be opening. The part of the building which fronts PGA Boulevard is a parking
garage. From this thoroughfare, the office element of the building is unidentifiable.
Access to the bank is from the interior of the site. In addition to this disadvantage, the
street sign and the street on which the building is located is interior to the site as well.
There is no way for a person to know that the street exists unless they enter the Design
Center. The two signs requested are truly critical to the way finding of this vital
business. The Applicant is requesting this item be expedited through the process for
final consideration by Staff, the Planning, Zoning and Appeals Board, and City
Commission.
FEE DESCRIPTION
Miscellaneous Petition (Base Fee) $1,650.00
Total Fees $1,650.00
REQUEST OUTLINE
The proposed changes to the approved signage plan include the following:
1. Request for a tenant identification wall sign on the north elevation of building
12, above the second floor line.
2. Request for a tenant identification wall sign on the south elevation of building
12, above the second floor line.
3. Add waiver to the PUD to permit two (2) additional wall signs above the second
floor line.
4. Add waiver to the PUD to permit two (2) wall signs for one tenant.
PROJECT TEAM
PROPERTY OWNER
RCA Center II of Florida, LLC
Attn: Daniel S. Catalfumo/Jeff Marshall
4500 Catalfumo Way North
Palm Beach Gardens, FL 33410
APPLICANT
Seaside National Bank & Trust
Attn: Todd Olson/ Tim Goering
201 S. Orange Avenue, Ste 1350
Orlando, FL 32801
P: 407.567.2233
F: 407.567.2220
AGENT/ PLANNER
Cotleur & Hearing, Inc.
Attn: Don Hearing / Alessandria Kalfin
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
P: 561-747-6336 ext. 128
F: 561-747-1377
SPECIFIC REQUEST
The applicant is requesting an amendment to the PUD Master Signage Program for the
addition of two tenant identification signs to be located above the second floor line on
building twelve. The purpose of the signs is to ensure awareness on PGA Boulevard and
within the PUD where Seaside National Bank & Trust is located. Currently, there is no
signage indicating Seaside National Bank’s location. The part of the building which
fronts PGA Boulevard is a parking garage. From this thoroughfare, the office element of
the building is unidentifiable. Access to the bank is from the interior of the site. In
addition to this disadvantage, the building address sign, the street sign and the street
on which the building is located is interior to the site as well. There is no way for a
person to know that the street or the office exists from PGA Boulevard unless they
enter the Design Center. An exhibit has been included with this application which
identifies the location of the bank in relation to PGA Boulevard as well as the existing
signage. The two signs requested are truly critical to the way finding of this vital
business.
The proposed signs will be located on building twelve, on the north and south
elevations, above the second floor line. Both signs will read “Seaside” with the banks
“shell” logo. The signs will be a maximum of 16.16 square feet. The maximum height of
the signs will be 22-inches (1-foot, 10-inches) and the maximum width of the signs will
be 106-inches (8-feet, 10-inches). The color of the sign letters will be Navy Blue and
they will be internally illuminated. The shell logo is Navy Blue and Off White.
1 USTl F KATIO N
Seaside is a national bank and trust that focuses on private and commercial banking as
well as wealth management. They value their clients, their integrity and professionalism
as well as the community in which they are part of. Seaside is headquartered in Orlando
and is federally chartered but has chosen to locate their South Florida headquarters in
Palm Beach Gardens. The bank was launched in 2006 as the largest “de novo federally
chartered bank in the history of the United States.” Like the other noteworthy
institutions located on PGA Boulevard, this too is a great addition to the city’s
commerce industry. It is essential to guarantee awareness of this great addition to the
city.
North Sign
I. This sign location will provide an awareness of commerce within the design
center. Currently there is no signage on PGA Boulevard that identifies the center
other then the Catalfumo sign on their building. The parcel has significant
frontage on PGA Boulevard but does not have a monument sign or wall sign
encouraging vehicular traffic to enter the site. The monument sign approved for
the property is located on RCA and does not identify Seaside Bank.
2. The location of this sign is important because of the dynamics of the building in
which Seaside is located within. During the site plan approval process for the
Design Center, the property owner worked with the city to come up with an
innovative way for office space to coexist along side a parking garage and for a
parking garage to look like an office building. After much deliberation, the
property owner revised the site plan to propose one building that included both
usable space as well as parking. Much like the Neotraditional design approach,
lining office space on parking garages is very sustainable for development and
practical for tenants and visitors. The parking garage/office building was
permitted and built as one structure. The structure looks and feels, on all
elevations, like an office building. If the structure was entirely usable space and
did not include a parking garage, the applicant would be able to place a sign on
the elevation facing PGA Boulevard. To prohibit the property owner to place a
sign on the PGA elevation of the building is to reprimand the applicant for their
innovative design.
3. The property owner chose to locate the office storefronts on the south side of
the building due to an off-site topographic conflict. The height of the building
where the office element is located does not exceed the height of the PGA fly-
over. The height of the garage element of the building would surpass the height
of the PGA flyover. This provides a hardship for the tenants of the building
because their storefronts face internal to the site, versus facing the central
corridor, PGA Boulevard. Typically, this location is not beneficial for business.
The applicant, Seaside Bank, has had clients who could not find their office
because they did not realize that the garage was the building. Contradictory to
that occurrence, Seaside Bank encumbers more then half of the second floor of
the building.
Required
1 per tenant space
Signs shall not be located
above second floor line
South Sign
Provided
2 per tenant space
2 signs above the
second floor line
1. The applicant, Seaside Bank, occupies the majority of the second floor of the
building. The main entry to the bank is located directly above the vehicular
entrance to the garage. Seaside is the “first floor user” for this segment of the
building. A first floor user in the location of the garage entry would normally be
permitted signage by right. Seaside bank is requesting this same privilege.
2. The property owner does not propose any other tenant signage above the first
floor line. The Seaside Bank sign will be the only sign on the second floor. This is
a reasonable statement considering the tenant occupies the majority of the
second floor. It would not be appropriate or sensible to place a second floor
tenant sign on the first floor.
WAIVERS
The applicant must request waivers for the two signs because they exceed the
permitted quantity of wall signs for one tenant and because they are located above the
second floor line. It is the applicants understanding that staff has been instructed by
Council to follow the Land Development Regulation code for signage requests. Please
note the subject project is a PUD and is permitted to requested and be granted waivers
per the Land Development Regulations. We respectfully request that staff looks for
direction from Council regarding the current signage request.
Code Section
78-285 Table 24
Flat/Wall Sign for Ground
Floor Users
78-285 Table 24
Flat/Wall Sign for Ground
Floor Users
CONCLUSION
The requested modification to the approved RCA PUD Signage Plan is consistent with
the City Land Development Regulations and the Comprehensive Plan of Palm Beach
Gardens, The proposed changes are consistent with the surrounding uses both interior
and exterior to the site. No overall increase in square footage or entitlements will occur
as a result of the signage changes associated with this development. Development of
the site as proposed by this application will maintain consistent with the desired
development of this project by the City of Palm Beach Gardens. The Applicant is
looking forward to working closely with Staff throughout the review process for this
Miscellaneous Petition.
I 'v I ,#
I
I
I
PROPOSED: 16.16 sq ft EXISTING: 0 sq ft
SPEC I FI CAT10 N S :
* Manufacture and install one new channel letterset "Seaside" and signature logo box.
* Install between right and middle windows.
Marjorie Bat4 SIGN CONSULTANTS
INCORPORATED
1095 Natural Oaks Drive
Orange City, FL 32763
Phone: (386) 775-3541
Fax: (386) 775-3579
JOB INFORMAYON
NAME
ADDRESS
CITY
STATE
ZIP
Sign Drawing by:
OLB HNB
OLS OEN
m JM
CUSTOMS NOTES
Seaside Bank
Palm Beach Gardens
- . _____
File Name. Seaside Palm Beach Gardens R1 I SHEET 2 OF 3
NAME:
ADDRESS:
CITY:
STATE:
CONTACT:
PHONE:
FAX
ZIP:
Original Draw Date: 11/09/07
Revised Draw Date: 11/19/07
0
I I cc II
- 'k 'r
I EXISTING: 0 sq ft PROPOSED: 16.16 sq ft
SPEC I FIC AT1 0 N S :
* Manufacture and install one new channel Ietterset "Seaside" and signature logo box.
* Install centered underneath existing address numbers.
I
I SIGN CONSULTANTS C"m3MER 'NFORMATlON ~ __ ~ JOB INFORMATION __________ ____ e:-- n :-- NOTES'
Seaside Bank
Im Beach Gardens
I Marjorie Baty
ZIP:
SHEET 1 OF 3 I
L
0
7 I
7
0 NE8 CHANNEL LETTERS (Two sets, 16.16 sq ft. each)
4
8'-I 0"
7'-0 114"
~ [I
4
4 1-7 112"
~ 12" Seaide +>
SCALE: 3/4"=1'-0"
S P E C I F I CAT1 0 N S :
Internally illuminated channel
letters to be flush mounted to
building wall.
COLORS:
Faces: Navy Blue, DaylNight
(Day: Navy Blue, Night: Off White)
Shell logo is PMS 466
Trim & Returns: Black
I CONSULTANTS
INCORPORATED
SIGN CONSULTANTS
INCORPORATED
1095 Natural Oaks Drive
Orange City, FL 32763
Phone: (386) 775-3541
Fax: (386) 775-3579
CUSTOMER INFORMATION
NAME:
ADDRESS:
CITY:
STATE:
CONTACT:
PHONE:
FAX:
____-____ ~ ______.__
ZIP:
Aluminum returns and backs
1 " Jewelite trimcap
3/16" thick acrylic face
Electro-bit end cap
Neon tube support
Fasteners (non-corrosive)
SECTION DETAIL
SCALE NTF 5" -----I7
Neon tubing
Transformer in transf. box
Disconnect switch
CTO high tension cable
w/ intergral slewing
Flex conduit connector--
Flexible conduit
1/4" weep holes
Building fascia - - -
J~BINFORMATlON_ ___ NOTES' Sign Drawing by: Seaside Bank NAME
ADDRESS
CITY OLB RNB
STATE Palm Beach Gardens ZIP OLS DEN ~
File Name: Seaside Palm Beach Gardens R1
SHEET3OF3 Revised Draw Date: 11/19/07 IXJ JM Original Draw Date: 11/09/07 I
STREET LOCATION EXHIBIT
Cotleur& seaside *rrul.rlrtrnl I H Hearing
-
Parking Structure
North Elevation
Proposed Sign Location
4 ,,-- . 4
A
-.
Building 12
South Elevation
Proposed Sign Location
::
.....A .....a &4...,.. . . .. . - , . . . . . .... _. . .... ,. . . . . . . , . . , . . . . . . . ... ..... .. . -- ._.~ ._._~_ . - . .~. .-. _. ----...- -I .-.I.I.- "_ _._ .___- --
WRI
, I.. . .. . ...
ic --.
Sianaae Plan Notes;
> All signs shall be internally illuminated channel letters with deep
navy blue, black or bronze faces (dayhight letters). All signs along
each ROW shall be the same color. Returns and Retainers shall be
black, white or match building or sign face color.
3 Fonts will indude Century Gothic, Eurostile, Wetica & Times New
Roman.
3 The wall signs depicted on the elevations are indii only of possible
locations for wall signs. The number of signs per building shall be
determined by &e number and location of within each building.
> !Signs located above the firststory shall be limited to pcindpal tenants or
building identification signs.
3 Each building shall be allowed two (2) building identification or principal
tenant signs, so long as any two (2) signs for the same tenant are not
located on the same building elevation; and (2) the second of #e two
signs has a copy area of no more than 75% of the first sign.
3 Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (1) any two signs for the same tenant we not located on
the same building elevation; and (2) said sigege is affixed directly to the
elevation of the tenant bay It identlfies.
3 Tenants having federally registered trademark signs and logos shall
be allowed to use their registered color scheme on signs facing the
parking areas. Signs and logos facing the adjacent and internal
rights-of-way shall be consistent with the color approved in the
master sign program.
3 Maximum letter height for prindpal tenant or building identification signs
shall not exceed 36 inches in height.
3 Maximum letter height for ground floor tenants (excluding principal
tenants) shall not exceed 24 inches in height.
3 Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached - multiple lines of copy are
permitted.
3 All signage shall be flush-mounted channel letters; no raceways are
permitted.
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- -
Date Prepared: June 11,20007
RESOLUTION 57,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
THE MASTER DEVELOPMENT PLAN FOR THE APPROXIMATELY
30-ACRE RCA CENTER PLANNED UNIT DEVELOPMENT (PUD)
(A.K.A. “PARCEL SB”), GENERALLY BOUNDED BY THE PGA
FLYOVER TO THE NORTH, THE FLORIDA EAST COAST (FEC)
RAILWAY TO THE EAST, THE GARDENS STATION PUD TO THE
SOUTH, AND RCA BOULEVARD TO THE WEST, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW MINOR
CHANGES TO THE APPROVED SIGNAGE PLAN; PROVIDING
ADDITIONAL WAIVERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 16, 2004, the City Council approved the Master
Development Plan for RCA Center Planned Unit Development (PUD) (a.k.a. “Parcel
5B”) through the adoption of Resolution 21 6, 2004, which allowed development of retail,
office, and industrial uses; and provided waivers that allowed, in part, certain retail
tenants to have two signs per tenant, two principal tenant/building identification signs,
and principal tenanubuilding identification signs to be located above the second floor
line; and
WHEREAS, on May 4, 2006, the City Council adopted Resolution 26, 2006,
which approved an amendment to the Master Development Plan for the RCA Center
Planned Unit Development (PUD) (a.k.a. “Parcel 5B”), which modified certain conditions
of approval, reallocated square footage between certain buildings, revised footprints
and elevations of certain buildings, added a parking structure, allowed other minor
changes to the site and landscape plans, and provided additional waivers; and
WHEREAS, the City has received a request from Catalfumo Construction &
Development Company, Inc., for approval of a waiver to allow an increase in the
existing sign copy area by adding one additional line of copy to read ‘Construction and
Development” on the northwest elevation of Building I, which is located within RCA
Center Planned Unit Development (PUD) (a.k.a. “Parcel 5B”) on the south side of PGA
Boulevard between Alternate AIA and RCA Boulevard: and
WHEREAS, the City has received a request from Robb & Stucky Interiors for
approval of a waiver to display one additional building identification sign on the west
elevation of Building 10, which is located within RCA Center PUD (a.k.a. “Parcel 5B”) on
the south side of PGA Boulevard between Alternate AIA and RCA Boulevard; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
Date Prepared: June 11, 2007
Resolution 57. 2007
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WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on
May 8, 2007, and voted 4-2 to recommend approval to the City Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The amended Master Development Plan application of RCA Center
II, LLC, is hereby APPROVED on the following real described property, to permit the
development of 25,000 square feet of retaikhopping center use, 105,400 square feet
of office use, 15,000 square feet of medical office use, 59,200 square feet of light
industrial use, and 178,647 square feet of furniture store use on an approximately 30-
acre parcel of land, known as “Parcel 5B,” generally located on the southwest corner of
Alternate AIA and PGA Boulevard, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance.
The amendment allows: (1) a reallocation of square footage between certain buildings
on site; (2) revised footprints and elevations of certain buildings to accommodate the
changes in square footage; (3) the inclusion of a parking structure; (4) other minor
changes to the site and landscape plans; and (5) modifications to certain conditions of
approval.
LEGAL DESCRIPTION:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following amendments to the waivers approved by way of Resolution 216,
2004:
1. Section 78-563, Lake maintenance tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in specific areas identified on
the approved development plan.
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Date Prepared: June 1 1,2007
Resolution 57, 2007
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2.
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Section 78-285, Permitted signs, to allow for certain retail tenants in
buildings containing multiple street frontages to have two (2) signs per
tenant, and buildings containing multiple street frontages to have two (2)
principal tenanvbuilding ID signs, subject to the conditions relating to the
same contained herein.
Section 78-285, Permdfed signs, to allow for principal tenant/building ID
signs to be located above the first story.
Section 78-508, Intersections, to allow for street intersections with a
centerline separation of less than 150 feet.
Section 78-306(d), Easement encroachment, to allow for 12 feet of a
required 20-foot landscape buffer along the easternmost property line to be
encumbered by a utility easement.
Section 78-374(h), Location, to allow for 13 covered parking spaces to be
located within 100 feet of PGA Boulevard.
Section 78-287(e), General standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs
facing the parking areas.
Section 78-344(1)(1), Minimum dimensions, to allow 9.5-foot-wide parking
spaces at certain locations as reflected on the approved site plan and within
the parking structure.
Section 78-320(b), Foundation landscaping and planting, to allow for a
reduction in foundation landscaping at certain areas on site as depicted on
the landscape plan.
IO. Section 78-285. Table 24. Permanent siqns. to allow a waiver of 80 sauare
feet in order to disDlav a Buildinq Identification Wall Siqn with a total CODY
area of apDroximatelv 170 square feet on the northwest elevation of Building
1 of RCA Center PUD.
11. Section 78-285, Table 24, Permanent siqns. to allow one additional buildinq
identification wall sign on the west elevation of Buildina 10 of RCA Center - PUD
SECTION 4. The conditions of Resolution 216, 2004 are amended as follows
and shall be the responsibility of the Applicant, its successors, or assigns:
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Date Prepared: June 11, 2007
Resolution 57, 2007
Enaineerinq
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6.
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide written authorization from utility
owners allowing landscaping within their existing and/or proposed utility
easements. (City Engineer) (SATISFIED)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a Roadway Signage and Marking Plan for review and approval.
(City Engineer) lSATlSFlED)
Prior to the issuance of any additional building permits for vertical
construction within the portion of the site bounded by PGA Boulevard to the
north, RCA Boulevard to the west, Design Center Drive to the south, and
RCA Center Drive to the east (hereinafter referred to as the “Northwest
Pod”), the Applicant shall provide a Photometric Plan, signed, and sealed by
a professional engineer licensed in the State of Florida, meeting the
requirements of LDR Section 78-1 82. Said plan shall provide pedestrian
scale lighting along all walkways and thoroughfares, including PGA
Boulevard. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the Applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida in accordance with Section 78-448 of the LDR. (City Engineer)
lSATlSFlED)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a paving, grading, and drainage
plan, along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer) JSATISFIED)
Prior to construction plan approval and the issuance of the first land
alteration permit, 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 llOo/~ of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first land alteration permit. (City Engineer)
lSAT I S F I ED)
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Date Prepared: June 11, 2007
Resolution 57. 2007
7. The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
8. The Applicant shall provide the City copies of all permit applications and
approvals. (City Engineer)
9. The Applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements, including, but not limited to, preparation of a
stormwater pollution prevention plan and identification of appropriate Best
Management Practices (BMP) for construction activities, submission of a
Notice of Intent to EPA or its designee, implementation of the approved
plan, inspection and maintenance of controls during construction, and
submission of a stormwater Notice of Termination. (City Engineer)
10. The construction, operation, and/or maintenance of any elements of the
subject project shall have no 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)
11. The Applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division concurrency
approval letters issued for this property. (City Engineer)
12. Prior to the issuance of the first land alteration permit, the Applicant shall
schedule a pre-permit meeting with City staff. (City Engineer) lSATlSFlED)
13. Kyoto Gardens Drive
a. The Applicant shall deliver to the City surety in a form acceptable to the
City Attorney, which surety shall ensure the construction of the Kyoto
Gardens Drive Extension. The Kyoto Gardens Drive Extension shall
consist of a four (4) lane divided roadway with landscaped medians,
approximately 2,300 feet in length, connecting Military Trail to Alternate
AIA, including an at-grade crossing of the FEC track bed. The Applicant
shall be responsible for the costs of design and construction of this
roadway as a two (2) lane roadway, and the City shall be responsible for
reimbursing the Applicant for the costs of design and construction of the
additional two (2) lanes, as set forth in the engineering estimate attached
as Exhibit “A to the Memorandum of Agreement. Said construction shall
commence no later than March 31, 2005, and completion of said
improvements as set forth in the Memorandum of Agreement. As
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Date Prepared: June 11, 2007
Resolution 57, 2007
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additional assurance, the Applicant shall submit, no later than December
30, 2004, a Memorandum of Agreement in a format acceptable to the
City Attorney on behalf of the City, and the following entities: RCA
Center II of Florida LLC, PGA Gateway LTD, and Mall Properties, LTD to
further define the obligations relating to the roadway design and
construction.
b. The Applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all
necessary permits in order to begin construction of Kyoto Gardens Drive
on or before March 31,2005.
c. The Applicant shall, upon the request of the City, deliver assurances, in
a form acceptable to the City Attorney, from the owners of Parcel 5A that
the City will be permitted to expand the existing lake north of the Kyoto
Gardens Drive right-of-way for the purposes of providing drainage for the
Kyoto Gardens' Drive roadway and to provide the fill for construction of
the roadway at no cost and without restriction.
d. The Applicant shall, upon the request of the City, deliver assurances, in
a form acceptable to the City Attorney, from the owners of Parcel 5A that
they will sign and support all permit applications as required to design
and build Kyoto Gardens Drive.
e. All contracts for design and construction of the Kyoto Gardens Drive
extension shall be submitted to the City for review and approval by the
City Engineer and City Attorney. Said construction contracts shall
contain a provision that makes such contracts fully assignable to the
City. (City Engineer)
14. 5B Road
a. The Applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
between the present northern terminus of said road and the north
boundary of Parcel 5B. This parcel and all other portions of the
North/South Road owned by FDOT and NPBCID are hereinafter referred
to as the "5B Road." {SATISFIED)
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Date Prepared: June 11, 2007
Resolution 57, 2007
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b. The Applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 58, design, build, and construct the 5B Road, with
the exception of the portion of said road north of its intersection with
Design Center Drive, which shall be completed prior to the first
Certificate of Occupancy within the Northwest Pod. Said road shall be
constructed as a two (2) lane divided roadway with landscaped median
within an eighty (80) foot right-of-way. The east 15 feet and the west 15
feet of the 80-foot right-of-way may be utilized for landscape buffer
calculations and setback requirements. {City Ennineer)
15. 5ARoad
a. The Applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
connecting the 58 Road to Kyoto Gardens Drive, hereinafter referred to - as the “5A Road.” {SATISFIED)
b. By January 1 , 2008,-T!he Applicant shall,design, build, and substantially
complete the 5A Road and the portion of Kyoto Gardens Drive
connecting the 5A Road to Military Trail. The 5A Road shall be
constructed as a two (2) lane divided roadway with landscaped median
within an 80-foot right-of-way. The east 15 feet and the west 15 feet of
the 80-foot right of way may be utilized for landscape buffer calculations
and setback requirements. Failure of the Applicant to meet this deadline
shall result in the issuance of a stop-work order for the project for all
construction activities not required for the construction of said roads, as
well as the ceasing of issuance of Certificates of Occupancy for the
project until such time when the roads are complete. The issuance of a
stop-work order shall be in addition to any other enforcement methods
available to the City to ensure compliance with this condition. (City
Engineer)
c. The Applicant shall deliver to the City surety, in a form acceptable to the
City Attorney, to ensure the construction of the 5A Road at the time the
surety described in Condition 6 is submitted to the City. (City Engineer)
SAT1 SF I ED)
La ndsca Di n q
16. a. Prior to the issuance of the first Certificate of Occupancy for the
Northwest Pod, all of the landscaping buffers within the Northwest Pod
shall be completed, with the exception of those buffers immediately
adjacent to Buildings 3 and 4, which shall be completed prior to the
issuance of the Certificates of Occupancy for those buildings. (City
Forester)
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Date Prepared: June 11,2007
Resolution 57. 2007
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b. Prior to the first Certificate of Occupancy for the portion of the site
bounded by Design Center Drive to the north, RCA Center Drive to the
east, RCA Boulevard to the west, and the Gardens Station PUD to the
south, hereinafter referred to as the “Southwest Pod,” all of the
landscaping buffers for the Southwest Pod and the landscaping
surrounding Lake #2, including the east and south buffers, shall be
installed. The remainder of the landscape buffers within the portion of
the site east of RCA Center Drive shall be installed concurrently with the
development of that portion of the site. (City Forester)
17. Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within Design
Center Drive. (City Forester)
18. The Applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property; a& (2) the medians and road shoulders within
both the northkouth and the east/west thoroughfares within the property;
and (3) the western road shoulder and one-half of the center island median
of the portion of Alternate AIA adjacent to the property. (City Forester)
19. 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 RCA Center Property Owners Association, its
successors, or assigns shall automatically become a member of such
special district. This condition may be amended at any time by separate
agreement between the Applicant and the City of Palm Beach Gardens.
(City Forester)
20. The installation of the covered parking structures shall not conflict with
landscaping, including long-term tree growth. (City Forester)
21. By (three (3) months from the effective date of this Resolution), the
Applicant shall submit landscape plans for the beautification of the western
road shoulder- for the portion of Alternate AIA adjacent to the property.
(City Forester)
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Date Prepared: June 11, 2007
Resolution 57, 2007
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22. By (six (6) months from the effective date of this Resolution), the
landscaping and irrigation of the western road shoulder of the portion of
Alternate AIA adjacent to the property shall be installed to the satisfaction
of the City Forester. Should the landscaping approved by the City Forester
not require irrigation, the installation of irrigation shall not be required. In the
event the installation is delayed due to permitting or other good cause, the
Growth Management Administrator may grant an extension provided a
good-faith effort by the Applicant to satisfy the condition has been
documented. (City Forester)
23. By (nine (9) months from the effective date of this Resolution), all
prohibited and invasive non-native plants shall be removed from the Florida
East Coast Railway (FEC) right-of-way, subject to the approval of the FEC.
In the event said removal is delayed due to permitting or other good cause,
the Growth Management Administrator may grant an extension provided a
good-faith effort by the Applicant to satisfy the condition has been
documented. (City Forester)
24. All ground-mounted utility equipment shall be screened from public view to
the satisfaction of the City Forester. (City Forester)
25. The nine (9) planters installed on the top level of the parking garage, the
size and type of which shall be to the satisfaction of the City Forester, shall
contain triple palm trees. Planters shall be permanently affixed to the
structure and located in areas acceptable to the City Forester. (City
Forester)
26. The Applicant shall install and maintain a minimum of one (1) fountain within
each lake. (City Forester)
Police
27. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
28. All lighting for streets, parking lots, parking garages, and pedestrian
walkways shall be metal halide. Metal halide lighting shall be used for the
multi-use pathways and sidewalks within the site and shall be lit at a
minimum of 0.6-foot candles. (Police)
- 29. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police)
30. Entry signage shall be lighted. (Police)
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Date Prepared: June 11,2007
Resolution 57. 2007
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31. Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police)
32. Numerical addresses shall: (1) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police)
33. 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)
34. Prior to the issuance of any additional building permits for vertical
construction within the Northwest Pod, the Applicant shall work with the
Police Department to develop a high-resolution color digital closed-circuit
security surveillance system with monitoring and photo printout capabilities.
The Police Chief shall have final approval on the required number of
cameras and locations thereof within the site. (Police)
35. Prior to the issuance of any additional building permits for vertical
construction within the Northwest Pod, the photometric plan for the interior
of the parking structure shall be approved by the City. The lighting within
the parking garage shall comply with the lighting standards for parking
garages established by the Illuminating Engineering Society of North
America (IESNA). (Police)
36. Within ninety (90) days of (the effective date of this Resolution),
the Applicant shall submit revised development plans to include the items
listed below. Said development plans shall be approved administratively by
staff as long as: (1) all items listed below are included on the development
plans to the satisfaction of the Growth Management Administrator; and (2)
any exterior building modification(s) is architecturally consistent with the
approved buildings. Should any of the aforesaid not be adequately
satisfied, the revised development plans shall be reviewed and approved by
the City Council by way of an amendment to the PUD’s master plan of
development. No building or land clearing permits shall be issued until
revised plans have been approved.
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Date Prepared: June 1 1, 2007
Resolution 57. 2007
The Applicant shall revise the building elevations to include three (3)
color palette combinations for the buildings on site.
The Applicant shall revise the easternmost landscape buffer adjacent to
the parking area so that a maximum of 12 feet of the buffer is
encumbered by utility easements.
The Applicant shall revise the building elevations to clearly reflect all
exterior building colors and materials.
The Applicant shall submit an amenities package that includes
illustrations and details of project-wide shared elements, including
common hardscape themes, street furniture, lighting fixtures, special
intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A "Key Plan" depicting the location of the amenities on
site shall also be included.
The Applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida, that includes
pedestrian scale lighting along all pedestrian walkways and
thoroughfares, i ncl udi ng PGA Boulevard .
The Applicant shall provide additional landscaping within the vacant
area north of Building #2 to the satisfaction of the City Forester.
The Applicant shall provide additional pedestrian linkages between the
buildings along RCA Boulevard and the sidewalk along said roadway.
At a minimum, sidewalks shall be included at every building entrance
along RCA Boulevard, as reflected on the building elevations.
The Applicant shall provide at least twenty 120) additional pedestrian
benches throughout the site and label them on the plan accordingly.
The Applicant shall include a bus shelter easement on the site plan in a
location consistent with the Palm Tran letter dated May 18, 2004,
relating to the same, which is on file with the Growth Management
Department.
The Applicant shall submit a revised signage program that adequately
reflects the signage requirements approved by the City Council for the
subject property through the adoption of this Resolution. (ALL OF
CONDITION 38 SATISFIED)
37. All rooftop mechanical equipment shall be screened from view. (Planning €4
Zoning)
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Date Prepared: June 1 1, 2007
Resolution 57. 2007
38. Within sixty (60) days of a written determination from Palm Tran that a bus
shelter will be utilized on the subject site, the Applicant, its successors, or
assigns shall submit an application for an administrative approval to allow
for review and approval of the site plan, landscape plan, and building
elevations for the bus shelter. The bus shelter design shall be consistent
with the City Council’s previous approval of such shelters. The Applicant, its
successors, or assigns shall be responsible for (1) the construction of a bus
shelter in a timely manner to accommodate Palm Tran’s needs for the
same; and (2) the maintenance of the bus shelter. (Planning & Zoning)
39. Each building shall be allowed two (2) building identification or principal
tenant signs, so long as (1) said signs are not located on the same building
elevation; and (2) the second of the two signs has a copy area of no more
than 75% of the first sign. (Planning & Zoning)
40. Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (1) any two signs for the same tenant are not located on the
same building elevation; and (2) said signage is affixed directly to the
elevation of the tenant bay it identifies. (Planning & Zoning)
41. Tenants having federally registered trademark signs and logos shall be
allowed to use their registered color scheme on signs facing the parking
areas. Signs and logos facing the adjacent and internal rights-of-way shall
be consistent with the color approved in the master sign program. (Planning
& Zoning)
42. Prior to the issuance of the first certificate of occupancy, the property shall
be replatted. Said replat shall dedicate the thoroughfares within the
property to the City. (Planning & Zoning)
43. Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached. (Planning & Zoning)
44. 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 breakdown by use (retail, office, and industrial) of the gross square
footage for lease for approval by the Planning and Zoning Division to ensure
compliance with the City’s Nonresidential Mixed Use Planned Unit
Development intensity measures. (Planning & Zoning)
45. Outdoor storage within the site is prohibited. (Planning & Zoning)
46. Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay, as may be amended from time to time.
(Planning & Zoning)
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Date Prepared: June 1 1, 2007
Resolution 57, 2007
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47. No striped awnings shall be permitted on site. (Planning & Zoning)
48. Prior to the issuance of each building permit for vertical construction, the
Applicant shall comply with Section 78-262 of the City Code relative to Art in
Public Places. The Applicant shall provide art on site or make a payment in
lieu thereof. The Art in Public Places Advisory Board shall review and make
a recommendation to the City Council on any proposed art on site. If the
Applicant is providing public art on site, the art shall be installed prior to the
issuance of the Certificate of Occupancy for Building #I. (Planning &
Zoning)
49. Within ninety (901 days of the effective date of this Resolution, the Applicant
shall work in conjunction with the Treasure Coast Regional Planning Council
(TCRPC), the South Florida Regional Transportation Authority (SFRTA),
and the City to make any and all necessary modifications to the
development plans for the portion of land lying east of the North/South Road
to accommodate the potential of a Tri-Rail transit station. Said modifications
shall be approved administratively by staff so long as any exterior elevation
changes are architecturally consistent with the approved buildings. Should
the final results of the South Florida East Coast Corridor Transit Analysis
determine that a Tri-Rail station will be constructed on the subject property,
the Applicant, its successors, or assigns shall work cooperatively with the
SFTRA and the City to facilitate the construction of said station and all
ancillary useslstructures in a timely manner. Said modifications shall be
approved by the City prior to the issuance of the first Certificate of
Occupancy. (Planning & Zoning) /PARTIALLY SATISFIED)
50. Any reallocation of uses and square footage on site will require the approval
of a traffic impact analysis or traffic equivalency statement, as well as
compliance with the City’s parking requirements. (Planning & Zoning)
51. Within two (2) months of the issuance of the last Certificate of Occupancy
for the Northwest Pod, the parcel of land lying east of RCA Center Drive
shall be stabilized with grass seed or sod and shall be maintained to the
City’s maintenance standards at all times by the Applicant. (Planning &
Zoning)
52. Prior to the issuance of any additional building permits for vertical
construction within the Northwest Pod, the Applicant shall provide
correspondence indemnifying the City with respect to any environmental
remediation required for the acceptance of RCA Boulevard from the FDOT,
to the satisfaction of the City Attorney. (Planning & Zoning)
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Dale Prepared: June 1 1, 2007
Resolution 57, 2007
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53. Prior to the issuance of any additional building permits for vertical
construction within the Northwest Pod, the Applicant shall, with the written
consent of the property owner for the Gardens Station PUD, submit an
application for an Administrative Approval to revise the approved Gardens
Station Master Plan to reflect the removal of the previously-approved shared
driveway along RCA Boulevard. (Planning & Zoning)
54. By (six (6) weeks from the adoption of this Resolution),
the Applicant shall erect a six (6) foot tall construction fence with a privacy
tarp along the entire property line adjacent to RCA Boulevard and any
portion of PGA Boulevard that is below the height of the fence. Failure by
the Applicant to comply with this deadline shall result in the ceasing of
inspections or issuance of permits for the project by the City, which shall be
in addition to any other enforcement methods available to the City to ensure
compliance with this condition. (Planning & Zoning)
Miscellaneous
55. Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, and approved civil design and architectural drawings shall be
submitted prior to the issuance of the first Certificate of Occupancy. (GIs
Manager, Development Compliance 0ff1 cer)
56. Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential transit station and the widening
of the RCA Center Drive to four (4) lanes, 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)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by
Cotleur Hearing, last revised on April 7, 2006, and received and stamped by
the City on April 19, 2006.
2. RCA Center Architectural Package, prepared by Architectural Design
Associates and received and stamped by the City on April 19, 2006.
3. RCA Center Signage Package, prepared by REG Architects, Inc., last
revised on November 9, 2004, and received and stamped by the City on
November 10,2004, as modified bv:
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Date Prepared: June 11,2007
Resolution 57,2007
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a. Sianage Detail Sheets and Photoqraphic Renderina, 3 sheets, by 8.
Swift Signs. Inc., received bv the Citv on Mav 2, 2007 and PhotoaraDhic
Renderings with sianaae and marqin dimensions, 2 sheets, received
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b. Sign Details, 2 sheets, “Proposed New Sign Details” and “Proposed
Sinnane West Elevation,” measuring approximatelv 88 square feet with
channel letters in black dav/with white night acrvlic faces, dated April 3,
2007, bv International Sign & Desian.
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)
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Date Prepared: June 11,2007
Resolution 57, 2007
PASSED AND ADOPTED this 21" day of Tddc , 2007. 1
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APPROVED AS TO FORM AND
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BY: - Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLlN
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTIONS\parcel 5b amendments-reso 57 2007.doc
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Date Prepared: May 28, 2008
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RESOLUTION 52,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING RESOLUTION 57, 2007,
PLANNED UNIT DEVELOPMENT (PUD) (A.K.A. “PARCEL 5B”),
LOCATED GENERALLY AT THE SOUTHEAST CORNER OF PGA
BOULEVARD AND RCA BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN, TO ALLOW MINOR CHANGES TO THE
APPROVED SIGNAGE PLAN; PROVIDING AN ADDITIONAL WAIVER;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
RELATING TO THE APPROXIMATELY 30-ACRE RCA CENTER
WHEREAS, on December 16, 2004, the City Council approved the Master
Development Plan for RCA Center Planned Unit Development (PUD) (a.k.a. “Parcel 5B”)
through the adoption of Resolution 216, 2004, which allowed development of retail, office,
and industrial uses; and provided waivers that allowed, in part, certain retail tenants to have
two signs per tenant, two principal tenant/building identification signs, and principal
tenanvbuilding identification signs to be located above the second floor line; and
WHEREAS, on May 4, 2006, the City Council adopted Resolution 26, 2006, which
approved an amendment to the Master Development Plan for the RCA Center Planned Unit
Development (PUD) (a. k.a. “Parcel 5B”), which modified certain conditions of approval,
reallocated square footage between certain buildings, revised footprints and elevations of
certain buildings, added a parking structure, allowed other minor changes to the site and
landscape plans, and provided additional waivers; and
WHEREAS, on June 21, 2007, the City Council adopted Resolution 57, 2007, which
approved an amendment to the Master Development Plan for the RCA Center Planned Unit
Development (PUD) (a.k.a. “Parcel 5B”), to allow minor changes to the approved signage
plan; and
WHEREAS, the City has received a request from Cotleur & Hearing, agent on behalf
of Seaside National Bank & Trust, which is located within the RCA Center Planned Unit
Development (PUD) (a.k.a. “Parcel 5B”) on the south side of PGA Boulevard between
Alternate AIA and RCA Boulevard, for approval to allow one tenant sign to be located on the
south building elevation above the second floor line and to allow one tenant sign to be
located on the top level of the north elevation of the parking garage adjacent to PGA
Boulevard; and
WHEREAS, the Growth Management Department has reviewed the application, has
determined that it is sufficient, has recommended APPROVAL of the sign proposed for the
south building elevation, and has recommended DENIAL of the sign proposed for the north
elevation of the parking garage adjacent to PGA Boulevard; and
Date Prepared: May 28, 2008
Resolution 52, 2008
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WHEREAS, the Planning, Zoning, and Appeals Board held a public meeting on May 8,
2007, and voted 5-0 to recommend APPROVAL to the City Council of one sign on the south
elevation of Building 12, and to recommend DENIAL of the sign proposed for the north
elevation of the parking garage on the north side of Building 12; 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 amended Master Development Plan application of RCA Center II,
LLC, is hereby APPROVED on the following real described property, to permit the
development of 25,000 square feet of retaikhopping center use, 105,400 square feet of
office use, 15,000 square feet of medical office use, 59,200 square feet of light industrial use,
and 178,647 square feet of furniture store use on an approximately 30-acre parcel of land,
known as “Parcel 5B,” generally located on the southwest corner of Alternate AIA and PGA
Boulevard, subject to the conditions of approval contained herein, which are in addition to the
general requirements otherwise provided by ordinance. The amendment allows: (1 ) a
reallocation of square footage between certain buildings on site; (2) revised footprints and
elevations of certain buildings to accommodate the changes in square footage; (3) the
inclusion of a parking structure; (4) other minor changes to the site and landscape plans; and
(5) modifications to certain conditions of approval.
LEGAL DESCRl PTlO N:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK 96,
PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following amendments to the waivers approved with the adoption of Resolution
57, 2007 (new language is underlined):
1. Section 78-563, Lake maintenance tracts, to allow encumbrances with certain
Lake Maintenance Easements (LME) in specific areas identified on the approved
development plan.
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Date Prepared: May 28, 2008
Resolution 52, 2008
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Section 78-285, Permitted signs, to allow for certain retail tenants in buildings
containing multiple street frontages to have two (2) signs per tenant, and
buildings containing multiple street frontages to have two (2) principal
tenant/building ID signs, subject to the conditions relating to the same contained
herein.
Section 78-285, Permitted signs, to allow for principal tenant/building ID signs to
be located above the first story.
Section 78-508, Intersections, to allow for street intersections with a centerline
separation of less than 150 feet.
Section 78-306(d), Easement encroachment, to allow for 12 feet of a required 20-
foot landscape buffer along the easternmost property line to be encumbered by a
utility easement.
Section 78-374(h), Location, to allow for 13 covered parking spaces to be located
within 100 feet of PGA Boulevard.
Section 78-287(e), General standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs facing
the parking areas.
Section 78-344(1)(1 ), Minimum dimensions, to allow 9.5-foot-wide parking spaces
at certain locations as reflected on the approved site plan and within the parking
structure.
Section 78-320( b), Foundation landscaping and planting, to allow for a reduction
in foundation landscaping at certain areas on site as depicted on the landscape
plan.
Section 78-285, Table 24, Permanent signs, to allow a waiver of 80 square feet in
order to display a Building Identification Wall Sign with a total copy area of
approximately 170 square feet on the northwest elevation of Building 1 of RCA
Center PUD.
Section 78-285, Table 24, Permanent signs, to allow one additional building
identification wall sign on the west elevation of Building 10 of RCA Center PUD.
12. Section 78-285. Table 24, Permanent signs, to allow tenant wall signs and/or
occupant identification (suspended blade) signs to be displaved above the
second floor line of those tenant bavs that have entwavs with direct access to
and from the buildings’ exteriors.
SECTION 4. The conditions of Resolution 57, 2007 are amended as follows and shall
be the responsibility of the Applicant, its successors, or assigns (new language is underlined):
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Date Prepared: May 28, 2008
Resolution 52, 2008
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Enaineerinq
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Prior to construction plan approval and the issuance of the first land alteration
permit, the Applicant shall provide written authorization from utility owners
allowing landscaping within their existing and/or proposed utility easeme-nts. (City
Engineer ) {SAT1 S F I E D )
Prior to the issuance of the first land alteration permit, the Applicant shall provide
a Roadway Signage and Marking Plan for review and approval. (City Engineer)
{ SAT1 S F I E D )
Prior to the issuance of any additional building permits for vertical construction
within the portion of the site bounded by PGA Boulevard to the north, RCA
Boulevard to the west, Design Center Drive to the south, and-RCA Center Drive
to the east (hereinafter referred to as the “Northwest Pod”), the Applicant shall
provide a Photometric Plan, signed and sealed by a professional engineer
licensed in the State of Florida, meeting the requirements of LDR Section 78-1 82.
Said plan shall provide pedestrian scale lighting along all walkways and
thoroughfares, including PGA Boulevard. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall provide
a construction plan for review and approval. All plans and support
documentation, submitted by the Applicant for review by the City Engineer shall
be signed and sealed by a professional engineer licensed in the State of Florida
in accordance with Section 78-448 of the LDR. (City Engineer) {SATISFIED)
Prior to construction plan approval and the issuance of the first land alteration
permit, the Applicant shall provide a paving, grading, and drainage plan, along
with surface water management calculations and hydraulic pipe calculations for
City review and approval. The paving, grading, and drainage plan and
calculations shall be signed and sealed by a professional engineer licensed in the
State of Florida. (City Engineer) [SATISFIED)
Prior to construction plan approval and the issuance of the first land alteration
permit, 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. (City Engineer) (SATISFIED)
The Applicant shall provide all necessary construction zone signage and fencing
as required by the City Engineer. (City Engineer) (ONGOING)
The Applicant shall provide to the City copies of all permit applications and
approvals. (City Engineer) [ONGOING)
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Date Prepared: May 28, 2008
Resolution 52, 2008
9. The Applicant shall comply with all Federal Environmental Protection Agency
(EPA) and State of Florida Department of Environmental Protection NPDES
permit requirements, including, but not limited to, preparation of a stormwater
pollution prevention plan and identification of appropriate Best Management
Practices (BMP) for construction activities, submission of a Notice of Intent to
EPA or its designee, implementation of the approved plan, inspection and
maintenance of controls during construction, and submission of a stormwater
Notice of Termination. (City Engineer) (ONGOING)
IO. The construction, operation, and/or maintenance of any elements of the subject
project shall have no 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. ( C it y Engineer) ( 0 N GO I N G
11. The Applicant shall comply with any and all Palm Beach County Traffic Division
conditions as outlined in the PBC Traffic Division concurrency approval letters
issued for this property. (City Engineer) {ONGOING)
12. Prior to the issuance of the first land alteration permit, the Applicant shall
schedule a pre-permit meeting with City staff. (City Engineer) (SATISFIED)
13. Kyoto Gardens Drive
a. The Applicant shall deliver to the City surety in a form acceptable to the City
Attorney, which surety shall ensure the construction of the Kyoto Gardens
Drive Extension. The Kyoto Gardens Drive Extension shall consist of a four
(4) lane divided roadway with landscaped medians, approximately 2,300 feet
in length, connecting Military Trail to Alternate AI A, including an at-grade
crossing of the FEC track bed. The Applicant shall be responsible for the
costs of design and construction of this roadway as a two (2) lane roadway,
and the City shall be responsible for reimbursing the Applicant for the costs of
design and construction of the additional two (2) lanes, as set forth in the
engineering estimate attached as Exhibit “A to the Memorandum of
Agreement. Said construction shall commence no later than March 31 , 2005,
and completion of said improvements as set forth in the Memorandum of
Agreement. As additional assurance, the Applicant shall submit, no later than
December 30, 2004, a Memorandum of Agreement in a format acceptable to
the City Attorney on behalf of the City, and the following entities: RCA Center
II of Florida LLC, PGA Gateway LTD, and Mall Properties, LTD to further
define the obligations relating to the roadway design and construction.
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Date Prepared: May 28, 2008
Resolution 52, 2008
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b. The Applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all necessary
permits in order to begin construction of Kyoto Gardens Drive on or before
March 31, 2005.
c. The Applicant shall, upon the request of the City, deliver assurances, in a form
acceptable to the City Attorney, from the owners of Parcel 5A that the City will
be permitted to expand the existing lake north of the Kyoto Gardens Drive
right-of-way for the purposes of providing drainage for the Kyoto Gardens
Drive roadway and to provide the fill for construction of the roadway at no cost
and without restriction.
d. The Applicant shall, upon the request of the City, deliver assurances, in a form
acceptable to the City Attorney, from the owners of Parcel 5A that they will
sign and support all permit applications as required to design and build Kyoto
Gardens Drive.
e. All contracts for design and construction of the Kyoto Gardens Drive extension
shall be submitted to the City for review and approval by the City Engineer and
City Attorney. Said construction contracts shall contain a provision that makes
such contracts fully assignable to the City. (City Engineer) (ALL OF
CONDITION 13 SATISFIED)
14. 5B Road
a. The Applicant shall, prior to December 30, 2004, deliver a deed in a format
acceptable to the City Attorney conveying an 80-foot right-of-way for that
portion of RCA Center Drive that is shown on the Linkage Plan between the
present northern terminus of said road and the north boundary of Parcel 5B.
This parcel and all other portions of the North/South Road owned by FDOT
and NPBCID are hereinafter referred to as the “5B Road.” (SATISFIED)
b. The Applicant shall, prior to the issuance of the first Certificate of Occupancy
for Parcel 5B, design, build, and construct the 5B Road, with the exception of
the portion of said road north of its intersection with Design Center Drive,
which shall be completed prior to the first Certificate of Occupancy within the
Northwest Pod. Said road shall be constructed as a two (2) lane divided
roadway with landscaped median within an eighty (80) foot right-of-way. The
east 15 feet and the west 15 feet of the 80-foot right-of-way may be utilized for
landscape buffer calculations and setback requirements. /Citv Engineer)
6
Date Prepared: May 28, 2008
Resolution 52, 2008
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a. The Applicant shall, prior to December 30, 2004, deliver a deed in a format
acceptable to the City Attorney conveying an 80-foot right-of-way for that
portion of RCA Center Drive that is shown on the Linkage Plan connecting the
5B Road to Kyoto Gardens Drive, hereinafter referred to as the “5A Road.”
lSATl S F I E D 1
b. By January 1, 2008, !he Applicant shall-design, build, and substantially
complete the 5A Road and the portion of Kyoto Gardens Drive connecting the
5A Road to Military Trail. The 5A Road shall be constructed as a two (2) lane
divided roadway with landscaped median within an 80-foot right-of-way. The
east 15 feet and the west 15 feet of the 80-foot right of way may be utilized for
landscape buffer calculations and setback requirements. Failure of the
Applicant to meet this deadline shall result in the issuance of a Stop Work
order for the project for all construction activities not required for the
construction of said roads, as well as the ceasing of issuance of Certificates of
Occupancy for the project until such time when the roads are complete. The
issuance of a Stop Work Order shall be in addition to any other enforcement
methods available to the City to ensure compliance with this condition. (City
Engineer)
c. The Applicant shall deliver to the City surety, in a form acceptable to the City
Attorney, to ensure the construction of the 5A Road at the time the surety
described in Condition 6 is submitted to the City. (City Engineer)
lSATlSF I ED)
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Pod, all of the landscaping buffers within the Northwest Pod shall be
completed, with the exception of those buffers immediately adjacent to
Buildings 3 and 4, which shall be completed prior to the issuance of the
Certificates of Occupancy for those buildings. (City Forester) (ONGOING)
Prior to the issuance of the first Certificate of Occupancy for the portion of the
site bounded by Design Center Drive to the north, RCA Center Drive to the
east, RCA Boulevard to the west, and the Gardens Station PUD to the south,
hereinafter referred to as the “Southwest Pod,” all of the landscaping buffers
for the Southwest Pod and the landscaping surrounding Lake #2, including the
east and south buffers, shall be installed. The remainder of the landscape
buffers within the portion of the site east of RCA Center Drive shall be installed
concurrently with the development of that portion of the site. (City Forester)
(ONGOING)
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Date Prepared: May 28, 2008
Resolution 52, 2008
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Prior to the issuance of the first Certificate of Occupancy, the landscaping shall
be installed within the medians and road shoulders within Design Center Drive.
(City Forester) (SATISFIED)
The Applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard adjacent to
the property; (2) the medians and road shoulders within both the north/south and
the east/west thoroughfares within the property; and (3) the western road
shoulder and one-half of the center island median of the portion of Alternate AIA
adjacent to the property. (City Forester) (ONGOING)
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 RCA Center Property Owners Association, its successors, or assigns shall
automatically become a member of such special district. This condition may be
amended at any time by separate agreement between the Applicant and the City
of Palm Beach Gardens. (City Forester) (ONGOING)
The installation of the covered parking structures shall not conflict with
landscaping, including long-term tree growth. (City Forester) (ONGOING)
By March 16, 2005, (three (3) months from the effective date of Resolution 216,
2004), the Applicant shall submit landscape plans for the beautification of the
western road shoulder for the portion of Alternate AIA adjacent to the property.
(City Forester) (SATISFIED)
By June 16, 2005, (six (6) months from the effective date of Resolution 216,
2004), the landscaping and irrigation of the western road shoulder of the portion
of Alternate AIA adjacent to the property shall be installed to the satisfaction of
the City Forester. Should the landscaping approved by the City Forester not
require irrigation, the installation of irrigation shall not be required. In the event
the installation is delayed due to permitting or other good cause, the Growth
Management Administrator may grant an extension provided a good-faith effort
by the Applicant to satisfy the condition has been documented. (City Forester)
(SAT1 S F I E D)
By September 16, 2005, (nine (9) months from the effective date of Resolution
216, 2004), all prohibited and invasive non-native plants shall be removed from
the Florida East Coast Railway (FEC) right-of-way, subject to the approval of the
FEC. In the event said removal is delayed due to permitting or other good cause,
the Growth Management Administrator may grant an extension provided a good-
faith effort by the Applicant to satisfy the condition has been documented. (City
Forester) (ONGOING)
All ground-mounted utility equipment shall be screened from public view to the
satisfaction of the City Forester. (City Forester) (ONGOING)
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Date Prepared: May 28, 2008
Resolution 52, 2008
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The nine (9) planters installed on the top level of the parking garage, the size and
type of which shall be to the satisfaction of the City Forester, shall contain triple
palm trees. Planters shall be permanently affixed to the structure and located in
areas acceptable to the City Forester. (City Forester) (PARTIALLY SATISFIED)
The Applicant shall install and maintain a minimum of one (1) fountain within each
lake. (City Forester) (SATISFIED)
Lighting shall not conflict with landscaping, including long-term tree growth.
(Police) (ONGOING)
All lighting for streets, parking lots, parking garages, and pedestrian walkways
shall be metal halide. Metal halide lighting shall be used for the multi-use
pathways and sidewalks within the site and shall be lit at a minimum of 0.6-foot
candles. (Police) (ONGOING)
Non-glare building lighting shall be installed around the entire building perimeter
and on pedestrian walkways. (Police) (ONGOING)
Entry signage shall be lighted. (Police) (SATISFIED)
Timer clock or photocell lighting shall be provided for nighttime use above or near
entryways and all exits, including emergency exits. (Police) (ONGOING)
Numerical addresses shall: (1) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be placed
at the front and rear of each business. (Police) (ONGOING)
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) (ALL OF CONDITION 33 ONGOING)
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Date Prepared: May 28, 2008
Resolution 52, 2008
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34. Prior to the issuance of any additional building permits for vertical construction
within the Northwest Pod, the Applicant shall work with the Police Department to
develop a high-resolution color digital closed-circuit security surveillance system
with monitoring and photo printout capabilities. The Police Chief shall have final
approval on the required number of cameras and locations thereof within the site.
(Police)
35. Prior to the issuance of any additional building permits for vertical construction
within the Northwest Pod, the photometric plan for the interior of the parking
structure shall be approved by the City. The lighting within the parking garage
shall comply with the lighting standards for parking garages established by the
Illuminating Engineering Society of North America (IESNA). (Police)
(SATISFIED)
Planning & Zoninq
36. Within ninety (90) days of December 16, 2004 (the effective date of Resolution
216, 2004), the Applicant shall submit revised development plans to include the
items listed below. Said development plans shall be approved administratively by
staff as long as: (1) all items listed below are included on the development plans
to the satisfaction of the Growth Management Administrator; and (2) any exterior
building modification(s) is architecturally consistent with the approved buildings.
Should any of the aforesaid not be adequately satisfied, the revised development
plans shall be reviewed and approved by the City Council by way of an
amendment to the PUD’s master plan of development. No building or land
clearing permits shall be issued until revised plans have been approved. /ALL
OF CONDITION 36 SATISFIED)
a.
b.
C.
d.
The Applicant shall revise the building elevations to include three (3) color
palette combinations for the buildings on site.
The Applicant shall revise the easternmost landscape buffer adjacent to the
parking area so that a maximum of 12 feet of the buffer is encumbered by
utility easements.
The Applicant shall revise the building elevations to clearly reflect all exterior
building colors and materials.
The Applicant shall submit an amenities package that includes illustrations
and details of project-wide shared elements, including common hardscape
themes, street furniture, lighting fixtures, special intersections, plazas,
fountains, decorative trellises, and thoroughfare enhancements. A “Key Plan”
depicting the location of the amenities on site shall also be included.
10
Date Prepared: May 28, 2008
Resolution 52, 2008
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e. The Applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida that includes
pedestrian scale lighting along all pedestrian walkways and thoroughfares,
including PGA Boulevard.
f. The Applicant shall provide additional landscaping within the vacant area
north of Building #2 to the satisfaction of the City Forester.
g. The Applicant shall provide additional pedestrian linkages between the
buildings along RCA Boulevard and the sidewalk along the roadway. At a
minimum, sidewalks shall be included at every building entrance along RCA
Boulevard, as reflected on the building elevations.
h. The Applicant shall provide at least twenty (20) additional pedestrian benches
throughout the site and label them on the plan accordingly.
i. The Applicant shall include a bus shelter easement on the site plan in a
location consistent with the Palm Tran letter dated May 18, 2004, relating to
the same, which is on file with the Growth Management Department.
j. The Applicant shall submit a revised signage program that adequately reflects
the signage requirements approved by the City Council for the subject
property through the adoption of this Resolution. (ALL OF-CONDITION 36
SATISFIED)
37. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning ) (0 N GO I N G)
38. Within sixty (60) days of a written determination from Palm Tran that a bus shelter
will be utilized on the subject site, the Applicant, its successors, or assigns shall
submit an application for an administrative approval to allow for review and
approval of the site plan, landscape plan, and building elevations for the bus
shelter. The bus shelter design shall be consistent with the City Council’s
previous approval of such shelters. The Applicant, its successors, or assigns
shall be responsible for (1) the construction of a bus shelter in a timely manner to
accommodate Palm Tran’s needs for the same; and (2) the maintenance of the
bus shelter. (Planning & Zoning)
39. Each building shall be allowed two (2) building identification or principal tenant
signs, so long as (1 ) the signs are not located on the same building elevation; and
(2) the second of the two signs has a copy area of no more than 75% of the first
sign. (Planning & Zoning) (ONGOING)
11
Date Prepared: May 28, 2008
Resolution 52, 2008
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Retail ground floor users shall be allowed a maximum of two (2) signs per tenant,
only if (1) any two signs for the same tenant are not located on the same building
elevation; and (2) the signage is affixed directly to the elevation of the tenant bay
it identifies. A tenant bav, which is located above anv second-floor line, and also
has an entrvwav such as from a balconv, walkwav, or arcade with direct access
to and from a building’s exterior, shall be allowed a tenant sign and/or an
occupant identification sign (blade sign) to be displaved directlv above its
entrvwav, if the architecture permits. (Planning & Zoning) (ONGOING),
Tenants having federally-registered trademark signs and logos shall be allowed
to use their registered color scheme on signs facing the parking areas. Signs and
logos facing the adjacent and internal rights-of-way shall be consistent with the
color approved in the master sign program. (Planning & Zoning) (ONGOING)
Prior to the issuance of the first Certificate of Occupancy, the property shall be
replatted. The replat shall dedicate the thoroughfares within the property to the
City. (Planning & Zoning) (SATISFIED)
Wall signs shall not exceed 70% of the immediate vertical and horizontal surface
area to which they are attached. (Planning & Zoning) (ONGOING)
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 breakdown
by use (retail, office, and industrial) of the gross square footage for lease for
approval by the Planning and Zoning Division to ensure compliance with the
City’s Nonresidential Mixed Use Planned Unit Development intensity measures.
(Planning & Zoning) (ONGOING)
Outdoor storage within the site is prohibited. (Planning & Zoning) (ONGOING)
Uses on site shall be limited to those uses allowed within the PGA Boulevard
Corridor Overlay, as may be amended from time to time. (Planning & Zoning)
(ONGOING)
No striped awnings shall be permitted on site. (Planning & Zoning) (ONGOING)
Prior to the issuance of each building permit for vertical construction, the
Applicant shall comply with Section 78-262 of the City Code relative to Art in
Public Places. The Applicant shall provide art on site or make a payment in lieu
thereof. The Art in Public Places Advisory Board shall review and make a
recommendation to the City Council on any proposed art on site. If the Applicant
is providing public art on site, the art shall be installed prior to the issuance of the
Certificate of Occupancy for Building #I. (Planning & Zoning)
12
Date Prepared: May 28, 2008
Resolution 52, 2008
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Within ninety (901 days of the effective date of this Resolution, the Applicant shall
work in conjunction with the Treasure Coast Regional Planning Council (TCRPC),
the South Florida Regional Transportation Authority (SFRTA), and the City to
make any and all necessary modifications to the development plans for the
portion of land lying east of the NorthlSouth Road to accommodate the potential
of a Tri-Rail transit station. The modifications shall be approved administratively
by staff so long as any exterior elevation changes are architecturally consistent
with the approved buildings. Should the final results of the South Florida East
Coast Corridor Transit Analysis determine that a Tri-Rail station will be
constructed on the subject property, the Applicant, its successors, or assigns
shall work cooperatively with the SFRTA and the City to facilitate the construction
of the station and all ancillary useslstructures in a timely manner. The
modifications shall be approved by the City prior to the issuance of the first
Certificate of Occupancy. (Planning & Zoning) lPARTlALLY SATISFIED)
Any reallocation of uses and square footage on site will require the approval of a
traffic impact analysis or traffic equivalency statement, as well as compliance with
the City’s parking requirements. (Planning & Zoning)
Within two (2) months of the issuance of the last Certificate of Occupancy for the
Northwest Pod, the parcel of land lying east of RCA Center Drive shall be
stabilized with grass seed or sod and shall be maintained at all times by the
Applicant to the City’s maintenance standards. (Planning & Zoning)
Prior to the issuance of any additional building permits for vertical construction
within the Northwest Pod, the Applicant shall provide correspondence
indemnifying the City with respect to any environmental remediation required for
the acceptance of RCA Boulevard from the FDOT, to the satisfaction of the City
Attorney. (Planning & Zoning)
Prior to the issuance of any additional building permits for vertical construction
within the Northwest Pod, the Applicant shall, with the written consent of the
property owner for the Gardens Station PUD, submit an application for an
Administrative Approval to revise the approved Gardens Station Master Plan to
reflect the removal of the previously-approved shared driveway along RCA
Boulevard. (Planning & Zoning)
By January 31, 2005, (six (6) weeks from the adoption of Resolution 216, 2004),
the Applicant shall erect a six (6) foot tall construction fence with a privacy tarp
along the entire property line adjacent to RCA Boulevard and any portion of PGA
Boulevard that is below the height of the fence. Failure by the Applicant to
comply with this deadline shall result in the ceasing of inspections or issuance of
permits for the project by the City, which shall be in addition to any other
enforcement methods available to the City to ensure compliance with this
condition. (Planning & Zoning) (SATISFIED)
13
Date Prepared: May 28, 2008
Resolution 52, 2008
1 Miscellaneous
2
3 55. Required digital files of the approved replat shall be submitted to the Planning
4 and Zoning Division prior to the issuance of the first Certificate of Occupancy, and
5 approved civil design and architectural drawings shall be submitted prior to the
6 issuance of the first Certificate of Occupancy. (GIs Manager, Development
7 Compliance Officer) (ONGOING)
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21 on April 19, 2006.
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28 2004, as modified by:
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30 a. Signage Detail Sheets and Photographic Rendering, 3 sheets, by B. Swift
31 Signs, Inc., received by the City on May 2, 2007, and Photographic
32 Renderings with signage and margin dimensions, 2 sheets, received May 22,
33 2007.
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35 b. Sign Details, 2 sheets, “Proposed New Sign Details” and “Proposed Signage
36 West Elevation,” measuring approximately 88 square feet with channel letters
37 in black day/with white night acrylic faces, dated April 3, 2007, by
3a International Sign & Design.
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56. Prior to the issuance of the first Certificate of Occupancy, the master property
owners association documents and restrictions, which shall include disclosure
language regarding the potential transit station and the widening of the RCA
Center Drive to four (4) lanes, 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) (ONGOING)
SECTION 5. The Planned Unit Development shall be constructed in compliance with
the following plans on file with the City’s Growth Management Department:
1. Sheets 1 through 12 of 12: Site Plan and Landscape Plan, prepared by Cotleur
and Hearing, last revised on April 7, 2006, and received and stamped by the City
2. RCA Center Architectural Package, prepared by Architectural Design Associates
and received and stamped by the City on April 19, 2006.
RCA Center Signage Package, prepared by REG Architects, Inc., last revised on
November 9, 2004, and received and stamped by the City on November IO,
3.
4. Sign Specification Sheets 1 and 3. “Seaside,” Building 12 South Elevation, dated
November 19, 2007, bv Mariorie Batv Sign Consultants. Incorporated.
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.
14
Date Prepared: May 28, 2008
Resolution 52, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
DV.
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR LEVY
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
-- AYE NAY ABSENT
-
RUSSO -
BARN ETT -
PREMUROSO -
G:\attorney-share\RESOLUTlONS\Seaside Bank Signage - reso 52 2008.doc
15
'. .
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 18,2008
Meeting Date: July 17,2008
Resolution 55,2008
Subject / Agenda Item:
Resolution 55,2008: Art in Public Places - North County Regional Library
Consideration of Approval: A request by Elayna Toby Singer, on behalf Palm Beach County,
for approval of the public art for the North County Government Center PCD, North County
Regional Library, generally located approximately 1.6 miles east of 1-95 at the SW corner of the
intersection of PGA Boulevard and Campus Drive and north of Fairchild Avenue.
[ X ] Recommendation to APPROVE
[ ] Recommendation to deny
Development Compliance
Manager:
LJ/A
Bahareh Wolfs, AICP
Growth Management
Originating Dept
Growth Managem
Project
Manager
Allyson Maiwurm
Projects Coordinai
A
Advertised: NIA
Date:
Paper:
[XI Not Required
Affected parties:
[ 3 Notified
[XI Not Required
FINANCE: NA
costs: $-NAP
Total
$-NA_-
Current FY
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
[ XI None
AIPP Board Action:
[XI Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
Applicant Narrative
Artist's Resume
AIPP PowerPoint
Presentation
Library site plan
diagram
Resolution 55, 2008
.
Date Prepared: June 18,2008
Meeting Date: July 17, 2008
Resolution 55,2008
EXECUTIVE SUMMARY
The subject request is for approval of the Art in Public Places for the North County
Regional Library of the North County Government Center (PCD). The proposed public
art will be installed inside the expansion for the North County Regional Library. The Art
in Public Places (AIPP) Advisory Board recommended approval of the proposed art on
June 17, 2008, by a 6-0 vote. Staff recommends approval of Resolution 55, 2008 with
three conditions.
BACKGROUND
The North County Government Center PCD was originally approved as a Planned Unit
Development by Ordinance 13, 1992. The prevailing Master Plan for the North County
Government Center PCD was approved by Ordinance 18, 1995. Resolution 147, 1997,
provided for the approval of a 72,000 square foot addition to the North County
Courthouse and a 3.2 acre passive park on parcels 1 and 6 of the North County
Government Center Planned Community Development. On May 1, 2008, the City
Council adopted Ordinance 5, 2008, and Resolution 26, 2008, for the master site plan
amendment of the North County Government Center Planned Community Development.
Concurrently with the PCD master site plan, the City Council adopted Resolution 27,
2008, which consisted of a site plan approval for the construction of a 14,612 square-foot
addition to the North County Regional Library.
DISCUSSION
Elayna Toby Singer, Palm Beach County, appeared before the Art in Public Places
Advisory Board for a workshop on November 20, 2007, to discuss with the Board the
idea of placing the public art inside the expansion of the North County Regional Library.
The Board was unanimously pleased with the idea and encouraged the applicant to move
forward with their Call to Artists and related scope of work for the internal/functional
public art. On December 6, 2007, the City Council was notified of the internal art
concept and was also unanimously pleased with the idea and concept.
On February 19, 2008, Elayna Toby Singer presented three artists and examples of their
work; Garth Edwards, Maureen Melville, and Gary L. Moore. The Board recommended
Garth Edwards to the Palm Beach County’s Public Art Committee, which appointed
Garth Edwards as the final artist and unanimously approved his proposed art/architecture,
integrated design.
In accordance with Section 78-26 1 (d) of the Land Development Regulations entitled
Requirements,for art or.fee in lieu of art, all budgets for new construction of private and
public developments shall include one percent (1%) of the total budget for vertical
construction as a fee for art in public places. The subject fee shall be utilized by the
developer for the provision of artwork on the project site, or the developer may choose to
contribute one percent (1 %) of the total vertical construction costs directly to the City for
2
Date Prepared: June 18,2008
Meeting Date: July 17,2008
Resolution 55,2008
the provision of art on public property.
Vertical construction costs for the North County Regional Library are estimated at
$6,563,479 which includes the 1% allocation for public art. The budget for the proposed
AIPP program is $65,654. The public art allocation breaks out as follows: $900 ($300
each) to honoraria for the three semi-finalist artists, $13,100 for the design fee to finalist,
and remaining $5 1,564 for materials, fabrication and installation.
PROPOSED ART IN PUBLIC PLACES
The applicant is proposing artwork by Garth Edwards (please see attached artist resume),
which depicts ‘the garden city experience’ (please see attached site plan diagram). The
artwork consists of floral designs along the walkways and check-out counters with acrylic
paint and metal material.
PROPOSED LOCATION FOR ART
The artist Garth Edwards (please see attached artist resume), is proposing a gardenesque,
small town atmosphere reflected in the library’s indoor architectural and interior design
components, including the carpeting, furniture, fabrics and public art installation. This is
based on the research of John D. MacArthur’s vision of streets lined with flowers and
trees. The library will be designed so that patrons “stroll” down a central “street” and axis
that links the old library with the new expansion. Similarly, circulation paths or side
“streets” are designed to draw patrons to different “neighborhoods” or sections of the
library. As patrons progress through the “garden town,” floral motifs and organic leafy
shapes guide them from one area to the next. The public art components are central to
this experience and were designed to integrate into three key areas: 1) the central axis of
“town” where a colorful vine beautifies the environment; 2) the youtWfamily
“neighborhood” patrons are drawn into a colorful garden passage; and 3) when family
patrons are ready to leave, they will “stop” at the youth book check out desk which
provides a final destination before exiting the garden passage (please see designs
attached in the PowerPoint presentation as well as sit plan diagram of library attached).
ART IN PUBLIC PLACES ADVISORY BOARD
On November 20, 2007 and February 19, 2008, Elayna Toby Singer, on behalf of Palm
Beach County, appeared before the Art in Public Places Advisory Board for a workshop
about the internal art as well as three artists for the board to recommend one to the PBC
Art Committee, and later for a final recommendation to City Council on June 17, 2008.
The AIPP Board approved the proposed art in a 6-0 vote.
STAFF RECOMMENDATION
Staff is recommending approval of Resolution 55, 2008, with the following conditions of
approval:
*.
I Date Prepared: June 18,2008
Meeting Date: July 17,2008
Resolution 55,2008
1. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning and Zoning)
2. Prior to the acceptance of the art for the North County Regional Library, the
Applicant shall submit a copy of its logo and any mission statement of its
organization, with authorization for the City to use such information in future
publications. The artist name, title of artwork, and description shall be included.
(Planning & Zoning)
3. Prior to the installation of the artwork, the Applicant shall submit accurate
drawings of the artwork, including the materials used, actual colors of artwork,
and accurate locations of the artwork. (Planning & Zoning)
4
Facilities Development 8t
Operations Department
ART IN PUBLIC PLACES
2633 Vista Parkway
West Palm Beach, FL 3341 1-5603
Telephone: (561) 233-0235
Facsimile: (561) 233-0206
www.pbcgov.com/fdo/art
Palm Beach County
Board of County
Commissioners
Addie L. Greene, Chairperson
Jeff Koons, Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
"An Equal OpportuniQ
Affirmative Action Employer "
May 30,2008
Ms. Allyson Maiwurm
City of Palm Beach Gardens
Growth Management Department
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: June 17, 2008 Art in Public Places Advisory Board Workshop,
North County Regional Library Expansion
Dear Ms. Maiwurm:
On behalf of Palm Beach County and the Palm Beach County Library
System, Palm Beach County's Facilities Development & Operations
(FD&O) Department respectfully requests that the North County
Regional Library Expansion project be scheduled for a workshop on the
June 17, 2008 agenda of the Palm Beach Gardens Art in Public Places
Advisory Board for review and approval of the proposed public art
installation.
Below is a summary of the recommendations, approvals and related
actions to date:
November 20, 2007 - PBG Art in Public Places Advisory Board
unanimously approved of the County's direction to develop its Call
to Artists for the project with an emphasis on an indoor public art
installation designed to integrate with the architectural details of the
expansion, with an emphasis in the youth area.
December 6, 2007 - Mayor Eric Jablin presented the concepts
outlined above from the November 20, 2007 PBG AiPP workshop to
the PBG City Council, which endorsed the interior art / architecture
integration direction for the project.
February 19, 2008 - PBG Art in Public Places Advisory Board
unanimously recommended artist Garth Edwards as the Finalist to
develop the public art design for the project.
February 21, 2008 - Palm Beach County Public Art Committee, with
voting participation by Mayor Eric Jablin, unanimously selected artist
Garth Edwards as the Finalist to develop the design for the project.
March 21, 2008 - Palm Beach County Board of County
Commissioners entered into a contract with Garth Edwards to
design the public art installation for the North County Regional
Library Expansion project. During the subsequent two months, Mr.
Edwards worked extensively with Palm Beach County's project
design team which included the Architect, Interior Designer, County
staff from Library System and Facilities Development & Operations.
May 15, 2008 - Palm Beach County Public Art Committee
unanimously approved Garth Edwards' proposed art / architecture
integrated design.
Facilities Development &
Operations Department
ART IN PUBLIC PLACES
2633 Vista Parkway
West Palm Beach, FL 334 1 1-5603
Telephone: (561) 233-0235
Facsimile: (561) 233-0206
www.p bcgov.com/fdo/art
Palm Beach County
Board of County
Commissioners
Addie L. Greene, Chairperson
Jeff Koons, Vice Chair
Karen T. Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santarnaria
County Administrator
Robert Weisrnan
“An Equal Opporfunity
Aflrmative Action Employer ”
Design Development
Early in the design development process, the design team researched
the history of Palm Beach Gardens and was inspired by planner John
D. MacArthur’s vision of streets lined with trees and flowers. This
gardenesque, small-town atmosphere is reflected in the library’s indoor
architectural and interior design components, including the carpeting,
furniture, fabrics and public art installation. Similar to the City’s early
character, the library is designed so that patrons “stroll” down a central
“street,” an axis that links the old library with the new. Similarly,
circulation paths or side “streets” are designed to draw patrons to
different “neighborhoods” or sections of the library. As patrons progress
through the “garden town,” floral motifs and organic leafy shapes guide
them from one area to the next. The public art components are central
to this experience and were designed to integrate into three key areas:
1) the central axis of “town” where a colorful vine beautifies the
environment and provides visual clues of the garden passage that
awaits; 2) the youth/family “neighborhood” patrons are drawn into a
colorful garden passage; and 3) when family patrons are ready to
depart, their last “stop” at the youth book check out desk provides a
final destination before exiting through the garden passage.
Budqet
Vertical construction costs for the North County Regional Library
Expansion project are estimated at $6,563,479 which includes the 1%
allocation of $65,634 for public art. The public art allocation breaks out
as follows: $900 ($300 each) as honoraria for the three semi-finalist
artists; $13,100 design fee to the finalist, and the remaining $51,634 for
materials, fabrication and installation.
Action
Upon approval of the proposed public art design by the PBG Art in
Public Places Advisory Board on June 17, 2008, Palm Beach County
will present the proposed design to the PBG City Council on July 17,
2008 for final approval. Upon PBG City Council approval, the County
will proceed with the fabrication and installation phase of the project.
Should you have any questions or require further information at this
time, please do not hesitate to contact me.
Sincerely,
ElaynaCfoby Singer- V
Art in Public Places Administrator
Palm Beach County Facilities Development & Operations
C: Audrey Wolf, Director, PBC FD&O
John J. Callahan Ill, Director, PBC Library System
Bill DeBeck, Project Manager, PBC FD&O/CID
Melanie Borkowski, Manager, Facilities Compliance, PBC FD&O
Garth Edwards
13400 Madison Ave. NE,
206 842 521 3 phone 206 842 1960 fax
g a rt h-ed wardsamsn . com
Bainbridge is. WA 981 10
Desiqn Teams
Consultant for New Jersey Transit, Hudson Bergan Light Rail. 1995
1991-93 Seattle Children’s Theater. Project Artrist.
Awards
NEA Fellowship for glass.
Meta I/Scu I pt u re
Coleman School, in progress.
Kiosks, City of Bainbridge Island. Aluminum
County / City Building. 16 Compositions. Aluminum.
West Sound Acadamy donor wall. Etched aluminum.
Mt. Vernon High School. Greetings. Aluminum.
West Sound Acadamy. Building ID. Aluminum.
S. Sound Community College, Six aluminum lanterns.
King Co Housing. Fence, Bike Rack, Lino floor design.
Memorial for Alaska Air crash. John Hay School.
Green Hill School. Benches, wind vanes, mural.
New Jersey Transit. Benches & wind vanes.
Redmond Community Center. Work throughout.
Anoka Treatment Center. Four aluminum gateways.
Charnelton Parking. Rail & exterior panels. Aluminum.
E. Portland Community Center. Benches, bike racks.
Franklin Elementary. 19 Balcony rail panels.
Children’s Services. Corners, Benches.
Humbolt Library. Aluminum Graphic.
Student Housing. Fence. University of Oregon.
Haz Mat Station. Aluminum Tower.
Animal Science Building. W S U. Bench & wall graphics.
Evergreen Medical Center. Aluminum figures & paint.
Main St. Renovation. Grates, Tree Guards, Bollards.
Children’s Theater. Rail panels, Canopy brackets, Steel.
Airway Prison Visiting Center. Benches & Graphics.
King County Health Clinic. Portal, Bench & Bird Pole.
Maple Valley Community Center. Fence/Bench.
Dunlap St. Renovation. 100 Tree Guards.
Nordstrom Lloyd Center. Grills and Gate.
Nordstrom Downtown. Aluminum wall Graphic.
Transit Station Gate. Seattle Metro. Steel. 11’ x 30’.
Tree Grate. Seattle Metro. Cast iron. 60” x 60”.
Manhole Cover. Seattle Water Dept. Cast iron. 38”.
Window Grill. All Saints School. Steel.
Norfolk VA
Bainbridge
Tacoma
Poulsbo
Mt. Vernon
Poulsbo
Olympia
Kent
Seattle
1981
2008
2008
2007
2007
2006
2006
2005
2004
2000
Chalis 2000
Hoboken 2000
Redmond 2000
Anoka MN 1999
Portland 1998
Eugene 1999
Tacoma 1997
Pensacola 1997
Chicago 1997
Eugene 1997
Kansas City 1996
Pullman 1997
Kirkland 1995
Auburn 1995
Seattle 1994
Spokane 1994
Federal Way 1993
Maple Valley 1993
Phoenix 1990
Portland 1990
Portland 1990
Seattle 1990
Seattle 1989
Seattle 1986
Portland 1983
i
i
Garth Edwards Page 2.
Enameled Steel
Twelve historical portraits. King County Library,
Seven portraits. Tabor Middle School,
Oregon DOT. One panel.
Anchorage Dog Pound. 15 panels of animals.
Juvenile Court. Three Panels.
Turnagain Elementary. Ten Panels.
Bellevue 1993
Portland 1991
Salem 1989
Anchorage 1988
Portland 1987
Anchorage 1985
Leaded Glass
King County Housing,. Etched glass at entry.
Barker Residence,
Green Hill School. 12 prism & glass panels.
Pierce County Library. Entry sidelights.
East Austin Senior Center. Entry.
U. of Alaska. 11 panels student housing.
Pope Elementary School. Entry.
U. of 0 Student Union. Entry.
Tillamook County Hospital. Chapel Windows.
Bess Kaiser Hospital. Emergency Waiting.
Kaiser Clinic. Waiting Area.
Food Stamp Office.
S t onelCe ra m iclCon cre te
Green Hill School. Six Concrete Heads.
Quadrant Corp. 37 ceramic tile portraits.
Seattle Center. Five Concrete Heads.
Nordstrom Lloyd Center. Sandblasted slate,
Seattle Children’s Theater. Mural at entry.
Exhibitions Group
Bainbridge Arts & Crafts. Works in Stone.
The Art of Golf. Safeco.
German tour. U.S. Printmakers.
Art in Architecture. Focus on Fire.
Govett-Brewster Gallery, New Zealand
Portland Art Museum. Oregon Biennial.
Tucson Museum. Leaded Glass.
University of Texas, Prints.
Renwick Gallery, New Glass. Washington DC
Exhibitions Solo
Lino Prints. Artworks Gallery.
Leaded Glass. American Institute of Architects.
Prints and Drawings. Matrix Gallery.
Kent 2004
Bain bridge Is 2002
Chalis 2000
Eatonville 1990
Austin Texas 1988
Fairbanks 1985
Puyallup 1984
Eugene 1982
Tillamook 1982
Portland 1981
Portland 1980
Eugene 1979
Chalis 2000
Seattle 1998
Seattle 1997
Portland 1990
Seattle 1993
Bainbridge Is 2005
Seattle 1996
Germany 1993
Seattle. 1889
1983
Portland 1983
Tucson 1978
San Antonio 1985
1979
Seattle 1995
Portland 1979
Austin 1987
Collections
Corning Museum of Glass. Leaded Glass purchase.
State of Oregon Public Buildings: Pendelton, Eugene, Salem, La Grande.
State of Washington: Friday Harbor, Yakima, Battleground, Eatonville,
Brownsville, Edmonds, Auburn, Kent, North Shore, Skagit, Edison, Tacoma.
North County Regional Library Expansion
Public Art Design
Palm Beach Gardens
Art In Public Places Advisory Board
June 17,2008
Recommendations, approvals and related actlons to date:
indoor art 1 architecturn integration, with emphasis in youth area. . December 6.2007 - PEG City Council approves above concept
* Febniaw 19,2008 - PBG AIPPAdvlsory Board reviews 3 artists'
materials and unanimously recommends Garth Edwards as the Finalist.
participation by Mayor Erie Jablin. selects Garth Edwards as me flnalist.
November 20.2007 - PEG AiPPAdvisory Board approves concept of
Febniaw 21.2008 - County's Public Art Committee. with voting
Mav 15.2008 - County's Public Art Committee approves
Garth Edward's proposed design. - June 5.2008 - County Commissioner Kamn Manus supports
Garth Edward's proposed design.
*June 17.2008- PBGAiPPAdvisoryBoerd-Final ReviewlAppmval
Julv 17,2008 - PEG City Council - Final Review I Approval I
I
I I 11, I I
A -
Smmpk. Olrd.n Wmd FumihrN in Youth Am
The architeetun, intorior deslgn and public mt were lnspimd by
planner John D. MacAIihur's hlatoric vision of Palm Beach Gadem as a
'garden city' with streets lined with trees and flowers.
Tha gardenesque, smalblown atmosphere is reflected in the patterns, cokm
and materials selected for the carpeting, furniture. fabrics and public art.
Cirwlatin paths or side 'streets' will draw patrons to dmnt 'neighbohoods'
or sediins of the library. As patrons pmgiusa thmugh the "garden city,"
floral motits and organic Iwly shapes guide mom frwn one area to the next
The public art com@nents am central 10 the "garden cW exDerimce
and integrate into three key areas
* At the central axis of "town" a colorlul vine besutlffes me ansa and
hints at the garden passage that malts,
At the youth /family "neighbo~ood" a colo&Il garden passaga
welcomes and immerses families in beautiful surroundings and.
At the youth book check out duk families enjoy a final Oarden
destnation befoce eaOng back through the garden passage
*
*
,vro
~IC)S O.SC. t..tft" ~1P.t
-
J ...
·-,:ro,·~--"'ftl"T SCM
\,I,.WIII"'tCO AC. ..... l.UU-
;o .t
i~
North County Regional Library Expansion
Public Art Design
Palm Beach Gardens
Art In Public Places Advisory Board
June 17,2008
RecommmdrUonr, JppmV8lS md W1J.t.d rCtlOn8 to dJt0:
* November 20.2007 - PBG AiPPAdvisory Board approves concept of
indoorafl/architecture integmtion. m emphasis in youth am.
December 6,2007 - PBG Cny Council approves above concept - Februaw 19,2008 - PBG AiPPAdvisory Board reviews 3 artists'
materials and unanimously recommends Gam Edwards as the Finalist. - Februaw 21.2008 - County% Public Art Committee. with voting
participation by Mayor Eric Jablin. selects Garth Edwards as the Finalist.
May 15.2008 - County's Public Art Committee approves
Garth Edward's proposed design.
* June 5,2008 - County Commissioner Karen Marcus supports
Garth Edward's proposed design. - June 17,2008 - PBG AiPP Advisory Board - Final Review I Approval - Julv 17.2008 - PBG CW Councls - Final Review I Approval
I 4
The archit.ctuf8, interlor do8lgn and public art WM inspimd by
planner John 0. MacArthur's hishwfc vlsion of Palm Beach Gardens as a
'garden uty' with streets lined with trees and flowers.
I The gard.nesque, small-tom 8tmarphen is reneded in the panems. colon
and materials selected for the carpeting. furniture. fabrics and public art. I
Cilalion paths or side 'streets. win draw patrons to dmmt 'neighbomoods'
or sections ol the library. As pamns pmgmss through the "garden cify,"
nod mom and orp.nic /ea@ shapes guide them from one area to the next.
The public a11 components are central to the "garden city" exmrience
and integrate into three key areas:
AI the cenml axis of '?own" a colotful vine baautfies the am and
hints at the garden passage Mat awaits; I At Me youth / famity 'neighborhood" a colorful gerden passage
welcomes and immerses families in beautful surroundings and; I I * At the youth book chxk oul desk farml10S enpy a final garden
destination before euting baccc through the garden passage I
Sampla
lnarlor
Pahi Colon
S.mole. 6.rd.n Themed Furniturn in Youth Ana
• •
'""' (,tt.•. ~f~IC. ... ~f.~ &l"f'
3
.~ ..
,::,o,.·~"" ll14'4T ~:~
\o/J'If'"ll.:1eo .,.4~·~-
Date Prepared: June 18, 2008
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RESOLUTION 55,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR THE NORTH COUNTY REGIONAL LIBRARY
LOCATED WITHIN THE NORTH COUNTY GOVERNMENT CENTER
PLANNED COMMUNITY DEVELOPMENT (PCD), AS DESCRIBED
MORE PARTICULARLY HEREIN; PROVIDING CONDITIONS OF
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
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, the City received a request from Elayna Toby Singer on behalf of
Palm Beach County for approval of the public art for the North County Regional Library,
located within the North County Government Center PCD, generally located
approximately 1.6 miles east of 1-95 at the SW corner of the intersection of PGA
Boulevard and Campus Drive and north of Fairchild Avenue, as more particularly
described herein; and
WHEREAS, the City Council adopted Ordinance 13, 1992, approving the master
site plan for the North County Government Center PUD; and
WHEREAS, the City Council adopted Ordinance 18, 1995, approving the master
plan of the North County Government Center PCD ; and
WHEREAS, the City Council adopted Resolution 147, 1997, approving a 72,000-
square-foot addition to the North County Courthouse and a 3.2-acre passive park on
parcels 1 and ,6 of the North County Government Center Planned Community
Development; and
WHEREAS, on May 1, 2008, the City Council adopted Ordinance 5, 2008, and
Resolution 26, 2008 for the master site plan amendment of the North County
Government Center PCD along with Resolution 27, 2008, which adopted the PCD
master site plan consisting of a site plan approval for the construction of a 14,612-
square-foot addition to the North County Regional Library; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
Date Prepared: June 18, 2008
Resolution 55, 2008
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WHEREAS, the Art in Public Places Board reviewed the petition (AIPP-07-11-
000016) at its June 17, 2008, public hearing and recommended approval by a vote of 6-
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 interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed Art in Public Places
for the North County Regional Library located within the North County Government
Center Planned Community Development (PCD) which is located on the following
described real property:
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
BEING A PORTION OF THE PLAT OF THE NORTH COUNTY LIBRARY SITE, AS
RECORDED IN PLAT BOOK 75, PAGE 63 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF TRACT A OF SAID PLAT; THENCE
ALONG THE NORTH BOUNDARY OF SAID TRACT A FOR THE FOLLOWING
THREE COURSES: THENCE N88'39'42''W FOR 399.50 FEET; THENCE N82'30'54W
FOR 196.1 3 FEET; THENCE N88'39'42"W FOR 53.94 FEET; THENCE DEPARTING
SAID NORTH BOUNDARY, NO1 "26'52"E FOR 375.20 FEET; THENCE S88"42'25"E
FOR 22.31 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE
NORTH, HAVING A RADIUS OF 115.00 FEET; THENCE NORTHEASTERLY, ALONG
SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 24"20'00" FOR
48.84 FEET TO A POINT OF TANGENCY; THENCE N66'57'35"E FOR 116.10 FEET
TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A
RADIUS OF 75.00 FEET; THENCE EASTERLY, ALONG SAID CURVE TO THE
RIGHT, THROUGH A CENTRAL ANGLE OF 24'21'34'' FOR 31.89 FEET TO A POINT
OF TANGENCY; THENCE S88"40'51 "E FOR 41 7.05 FEET; THENCE S43'37'30E
RECORDED IN OFFICIAL RECORDS BOOK 2959, PAGE 202 OF SAID PUBLIC
FOR 35.39 FEET TO THE WEST RIGHT-OF-WAY LINE OF CAMPUS DRIVE AS
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Date Prepared: June 18, 2008
Resolution 55, 2008
RECORDS; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SO1 "25'51"W FOR
436.1 7 FEET TO THE POINT OF BEGINNING.
CONTAINING 6.608 ACRES, MORE OR LESS.
BEARING BASIS: SO1 "25'51"W ALONG THE WEST RIGHT-OF-WAY LINE OF
CAMPUS DRIVE.
SECTION 3. This approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Plannina and Zoning
1. The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of completion. (Planning & Zoning)
Prior to the acceptance of the art for the North County Regional Library, the
Applicant shall submit a copy of its corporate logo and any mission
statement of its organization, with authorization for the City to use such
information in future publications. The artist's name, title of artwork, and
description shall be included. (Planning & Zoning)
Prior to the installation of the artwork, the Applicant shall submit accurate
drawings of the artwork, including the materials used, actual colors of
artwork, and accurate locations of the artwork. (Planning & Zoning)
2.
3.
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)
3
Date Prepared: June 18, 2008
Resolution 55, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR LEVY
COUNCILMEMBER RUSSO
COUNCILMEMBER BARNETT
COUNCILMEMBER PREMUROSO
G:\attorney-share\RESOLUTlONSMlPP - north county library - reso 55 2008.doc
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 26,2008
Meeting Date: July 17,2008
Resolution 60,2008
SUBJECT/AGENDA ITEM
Resolution 60, 2008: Bright Futures Academy Riverside Drive Campus - Major Conditional
Use and Site Plan Approval to Allow a Public School
Public Hearing & Approval: A request by Anne Booth of Urban Design Studio, on behalf of
Riverside Storage, LLC, for a Major Conditional Use to allow a public school, and a site plan
approval to provide for the renovation of existing structures and improvements to the site for a
charter school to be known as “Bright Futures Academy.” The approximately 2-acre site is located
on two parcels of land at 10300 and 10350 Riverside Drive, approximately one-quarter mile south
of the intersection of Riverside Drive and Burns Road.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by- A
Phax ahman
Development Compliance: L Bahareh K. Wolfs, AICP
Growth Management
Approved By:
City Manager: e-
Ronald “ferris
Originating Dept.:
Growth Management:
Project
Manager 5%
Stephen Mayer
Senior Planner
[XI Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date: b ~ ZOU~
Paper: Palm Beach Post
[XI Required
[ 3 Not Required
’ Affected Parties:
-
.
[XI Notified
[ ] Not Required
FIN AN C E :
Finance
Administrator:
NIA
Allan Owens
Senior Accountant:
Tresha Thomas
Fees Paid: [ ]
Date:
Budget Acct.#:
NIA
City Council Action:
[ 3 Approved
[ 3 App. wi conditions
[ 3 Denied
[ ] Rec. approval
[ 3 Rec. app. wi conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
Applicant’s Narrative
Major Conditional Use
Criteria & Analysis
Traffic equivalency
statement
Water Management
Summary
Letter of Endorsement
from Business
Development Board
Applicant’s response
letter to DRC
comments
Date Prepared: June 26,2008
Meeting Date: July 17,2008
Resolution 60.2008
EXECUTIVE SUMMARY
This is a request for a Major Conditional Use to allow a public charter school (public school use) on
the property located at 10350 and 10300 Riverside Drive. The proposed public school, “The Bright
Futures Academy”, is an A rated charter school currently located in North Palm Beach. They
would like to relocate their middle school students, 6‘h, 7‘” and 8‘h grade, to this location. The site
currently consists of three individual lots; however, the property owner is binding the lots in a unity
of title for the purposes of this application with the understanding that the conditional use is
dependent upon the whole site.
BACKGROUND
Currently, the 10350 building is un-occupied and the 10300 building is partially occupied by the
custom cabinet division of the Keating and Moore construction company. The cabinet construction
shop is exclusive to Keating and Moore and is associated with the main office, which is located just
south of the site. Use of the shop is limited to construction of custom cabinetry for homes being
built by Keating and Moore. The proposed site plan shows fencing and screening which will secure
access to the shop from the students. Discussion is on-going with the school regarding the possible
use of the shop in the schools curriculum.
Section 78-1 59, Permitted uses, minor and major conditional uses, and prohibited uses, allows a
school, public or private within M-1A zoning districts, as a Major Conditional Use. In addition to
meeting the criteria of a Major Conditional Use, a school must meet the criteria of Note 54 of Table
2 1. the Chart of Uses.
TARGETED EXPEDITED PERMITTING PROGRAM (TEPP)
City staff reviewed the project as part of the Targeted Expedited Permitting Program (TEPP) on
June 5, 2008, in accordance with Section 78-57 of the City Code. This project has been included in
the TEPP because it meets the criteria. Specifically, the company has been endorsed by the Business
Development Board (BDB) of Palm Beach County on May 23, 2008. The BDB has authorized this
project and has pledged that they will work hand-in-hand with the developer to retain the company
within Palm Beach County. The expansion of the Bright Futures Charter School to Palm Beach
Gardens is expected to create 21 new jobs with an average salary of $42,500, which is higher than
average wage in Palm Beach County ($41,007). The school will approximately double their current
capacity for students and anticipates operation of the expansion for the 2008-2009 school year. The
expedited review is critical to a smooth transition regarding the timely acquisition of a new facility,
accepting addition students and making the necessary renovations for the 2008-2009 school year.
LAND-USE & ZONING
The land-use designation of the site as shown on the City’s Future Land Use Map is Industrial (I).
The site currently has a zoning designation of Light Industrial (M-1A). The land-use and zoning
designations of adjacent properties are indicated in the following chart (see the following page):
2
Date Prepared: June 26,2008
Meeting Date: July 17, 2008
Resolution 60,2008
Subi ect Property
Two Vacant 20,650 s.f. total Light Industrial
Buildings
North
Divosta Construction - Industrial Building
South
Keating Moore Construction - Industrial
Building
East
SCP Distributors, LLC - Industrial Building
The Esther Center - Industrial Building
West
Riverside Drive (R.O.W. Width - 60 feet),
then
City Linear Park (Approx. Width - 24 feet),
then
Thompson River/Canal (R.O.W. Width 100
feet), then Plat 5 Single Family Residential
Neighborhood
Light Industrial (M-1 A)
~~~~
Light Industrial (M- 1 A)
Light Industrial (M- 1 A)
Light Industrial (M-1 A)
Light Industrial (M-1 A)
and
Residential Low
Density- 3 (RL-3)
Industrial (I)
Industrial (I)
Industrial (I)
Industrial (I)
Industrial (I)
and
Residential Low
(RL)
CONDITIONAL USE ANALYSIS
Attached is a Conditional Use Analysis provided by the applicant in accordance with Section 78-52,
Conditional Uses, (d) Criteria, of the Land Development Regulations.
In accordance with Section 78-52, Conditional Uses, the following is an analysis based on the
criteria as set.fortlz in Part (d):
(1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan.
The comprehensive plan designation for this site is Industrial. The zoning designation is
MIA which is consistent with the comprehensive plan designation. The proposed use is a
major conditional use within the MIA zoning district. Public school use is a major
conditional use in every zoning category within the City and is intended to be evaluated on a
case by case basis. The applicant has met the criteria,for a major conditional use in this
case and is therefore consistent with the comprehensive plan.
(2) Chapter requirements. The proposed use is consistent with all applicable
requirements of this chapter.
The proposed use will occupy two existing buildings. Several site amendments are proposed
including parking, access, and landscaping that will bring the site into compliance with
3
Date Prepared: June 26,2008
Meeting Date: July 17,2008
Resolution 60,2008
current code requirements and standards.
(3) Standards. The proposed use is consistent with the standards for such use as provided
in Section 78-159.
Section 78-159 Permitted uses, conditional, and prohibited, Table 21: Permitted uses,
Conditional, and Prohibited Use Chart, (54) - Schools, public or private.
Public or private schools are public or private elementary or secondary schools
conducting regular classes with a course of study approved by the Florida Department
of Education. All schools shall comply with the standards listed below:
a. Shall conform to all city concurrency requirements.
The proposed use will occupy two existing structures which have been in existence
since the adoption of the city charter. The proposed use is consistent with the use of
the building prior to the adoption of the city concurrency requirements. No
additional impacts to the existing public .facilities or sewices are anticipated.
Included in this application is a trafic equivalency analysis which addresses the
trafic impacts of the proposed use.
b. Shall connect to public water and sewer treatment systems, or other systems
approved by the city and the county health department.
The structures on the site are currently connected to the public water and sewer
system.
c. Shall be approved as a major conditional use.
Attached to this analysis is an application requesting approval of a major
conditional use.
d. Shall conform to all applicable environmental standards and requirements.
Included in this application is a proposed landscape plan which represents
compliance with current landscape codes and standards. Viable existing vegetation
will be preserved or relocated on site. Due to the size, age and nature of the existing
I facility, there are no upland preserve areas.
e. Shall conform to all city landscaping requirements.
Attached to this application is a proposed landscape plan.
intention to request approval for a phased installation ofthe landscape plan.
It is the applicant’s
f. Shall dedicate, at no cost, any necessary rights-of-way or easements for roads,
canals, drainage or public or private utilities.
4
Date Prepared: June 26,2008
Meeting Date: July 17,2008
Resolution 60,2008
It is not anticipated that any additional right-of-way or easements will be necessary
for this project.
g. Shall install such road improvements as may be required by the city.
It is not anticipated that any additional roadway improvements will be required as a
result of this project.
(4) Public welfare. The proposed use provides for the public health, safety, and welfare
by:
(a) Providing for a safe and effective means of pedestrian access;
(b) Providing for a safe and effective means of vehicular ingress and egress;
(c) Providing for an adequate roadway system adjacent to and in front of the site;
(d) Providing for a safe and efficient onsite traffic circulation, parking, and overall
control; and
(e) Providing adequate access for public safety purposes, including fire and police
protection.
a) The proposed site plan provides .for pedestrian access between the buildings and is
proposed to be extended to the existingpublic sidewalk located on the west side of Riverside
Drive.
b) Vehicular access is being modified to close the southern curb-cut, and add a new
centrally located curb-cut which meets current code separation requirements. Access into
and out of the site accommodates the required stacking distance for students drop ofland
pick up.
e) Riverside Drive is existing and adequate to provide access to and from the site.
d) The site plan attached to this application includes proposed modifications to the parking
lot and circulation of the site. The proposed changes provide for complete circulation,
adequate parking and a circulation pattern that will allow.for convenient drop off and pick
up of students.
e) The existing porte-cochere on the 10350 building is proposed to be removed which will
allow full circulation through the site .for .fire trucks. Due to the size of the site, .fire
protection can be provided.from various locations. An alarm system is being added to the
interiors of the building as an improvement and to provide additional protection.
(5) Screening and buffering. The proposed use utilizes such techniques as landscaping,
screening, buffering, site or building design, or business operation procedures to
mitigate impacts on surrounding properties, including such impacts as:
(a) Noise;
(b) Glare;
(c) Odor;
(d) Ground, wall, or roof-mounted mechanical equipment;
(e) Perimeter, interior, and security lighting;
5
Date Prepared: June 26,2008
Meeting Date: July 17,2008
Resolution 60,2008
(f) Signs;
(g) Waste disposal and recycling;
(h) Outdoor storage of merchandise and vehicles;
(i) Visual impact;
(j) Hours of operation;
a) The site is located within an existing industrial area and includes a wall and fencing on
the north and eastern sides. The
proposed site plan provides ,for .fencing between the cabinet shop use, and the property to
the south.
b) The proposed parking lot lights will be designed to provide cut-off luminaries and house
side shields to direct light away from any adjacent properties.
c) There is no odor anticipated which will be generated as a result of the proposed use.
d) Existing ground mounted equipment will be screened .from public view, roof mounted
equipment will be painted to match the building,
e) The proposed use is not intended to operate at night; therefore, it is not anticipated that
there will be any impacts from the project lighting to the surrounding properties.
fl The project is not proposing a ground sign.
g) The existing dumpsters will be enclosed, and the school intends to include recycling
containers within the dumpster enclosure area.
h) The proposed use will reduce the incidents of outdoor storage due to the nature of its use.
The school bus will be stored on site, in a secure location behind the.fence.
i) The proposed improvements to the site will be an esthetic improvement to the overall site.
j) Hours of operation are in accordance with public school policy and are generally 7:30
AM to 6:OO PM (School hours and afiercare hours).
The property to the south is owned by the applicant.
(6) Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
The proposed use will have no impact with regard to utilities on or ofthe site, all utilities
are existing and are not impacted by the proposed use.
(7) Dimensional standards. The proposed use meets or exceeds all dimensional
requirement required by the chapter.
All dimensional requirements were met when the project was originally approved.
(8) Neighborhood Plans. The proposed use is consistent with the goals, objectives, policies,
and standards of neighborhood plans.
Although there is no neighborhoodplan,for this area, the proposed improvements to the site
will be a substantial investment in the site and will sewe to enhance the neighborhood.
(9) Compatibility. The overall compatibility of the proposed development with adjacent
and area uses, and character or area development.
6
Date Prepared: June 26,2008
Meeting Date: July 17, 2008
Resolution 60,2008
The proposed use will occupy the existing structures on the site. The proposed
modiJications to the site to bring the site into compliance with the code will enhance the
area and improve the character of the development.
(10) Patterns of development. The proposed use will result in logical, timely, and orderly
development patterns.
The site is currently developed. The proposed use is consistent with the approved uses for
the MIA district, consistent with the previous use of the site and will help to revitalize the
area.
(11) Purpose and intent. The proposed use will be in harmony with the general purpose
and intent of this chapter and the goals, objectives, and policies of the City.
The proposed use will bring an A rated Charter school to the city which will serve to
enhance the goals and objectives of the city by enhancing the city’s economic base, as well
as providing viable and attractive educational options to existing and future residents.
(12) Adverse impact. The design of the proposed use and structures will minimize any
adverse visual impacts or impacts caused by the intensity of the use.
The proposed use will utilize the existing structures on the site. The proposed improvements
to the site will also sene to improve the visual esthetics of the project by bringing the site
into compliance with the code.
(13) Environmental impact. The design of the proposed use minimizes any adverse impacts
that may be created, including impact on environmental and natural resources
including air, water, storm water management, wildlife, vegetation, and wetlands.
The proposed site plan associated with the Conditional Use approval request will utilize the
existing .facilities while making improvements to the site to improve circulation, parking,
and drainage. The proposed landscape improvements will enhance the site, as well as the
community.
TRAFFIC
The proposed use is consistent with the previous occupancy of the site. The reestablishment of the
school use and the elimination of the office space will result in a reduction of trips. The site
modifications include the relocation of the southerly driveway which will improve circulation and
increase the on-site stacking and queuing distances.
The student drop-off and pick up system is designed to allow traffic to enter the site from the south,
with the northern most access point an exit only drive. Circulation through the parking lot allows
for student drop off in front of either of the two buildings. Because of the number of students in the
after-care program, the pick up schedule in the afternoons is spread over an extended time frame.
The school has established a system for pick up that provides teachers with two-way
7
Date Prepared: June 26,2008
Meeting Date: July 17, 2008
Resolution 60,2008
communication devices in the parking lot to call ahead for individual students to come forward for
pick up as their parents arrive. This allows the queuing line to move smoothly and continue
flowing. Occasionally, parents may need to park and enter the school, so parking spaces have been
provided for that purpose. The addition of pedestrian walkways between the buildings and to and
from the public sidewalk on the west side of Riverside Drive will allow students to move across the
campus easily. Bicycle and scooter parking is provided within the gated and fenced campus.
PROJECT DETAILS
The current petition consists of minor site plan modifications to the two existing buildings at 10300
and 10350 Riverside Drive. The building located at 10300 Riverside Drive is a single-story, 6,347
square-foot building of which 2,209 square feet will remain as manufacturing for the Keating and
Moore cabinet shop. The building located at 10350 Riverside Drive is a single-story, 7,5 14 square-
foot building and will be renovated for public school use. The subject site consists of the
combination of three properties, including an access easement between the two existing structures.
Architecture
The proposed use will occupy the existing structures. Modifications to the exterior of the buildings
will include the addition of windows and doors for emergency access. The existing screen wall and
overhang on the 10350 building will be removed to provide adequate room for drop off and pick up
of students.
Landscaping
The landscaping is dominated by Live Oak, Cabbage Palm and Red Myrtle. The landscape plans
exceed the minimum required landscape points. Specifically, the project is required to have 1,3 10
points, and the applicant has provided a total of 2,3 17 points throughout the site, including the
existing landscaping. In addition, the applicant has provided 55% open space which exceeds 15%
as required by Code. Also, Section 78-319 of the City Code requires 8-foot landscape buffers
around the perimeter of a parcel and 15-foot landscape buffers on lands located adjacent to public
street rights-of-way. The proposed site plan meets these requirements.
Drainaze
The site is part of the SFWMD C-17 Drainage Basin. Drainage outfall has historically sheet flowed
to the existing swale system in Riverside Drive which discharges to the existing canal along the
west side of Riverside Drive. Proposed run-off from the additional impervious area is to be directed
to an on-site dry detention area by means of paved and/or grass swales. Legal positive outfall exists
for the site via sheet flow connection to Riverside Drive right-of-way.
The applicant is proposing to bring the site into compliance with current lighting standards and
minimize impact to the adjacent residential neighborhood (Plat 5). The applicant is required to limit
off-site light spillage on the residential district to the south to no more than 0.5 foot-candles. Light
8
Date Prepared: June 26,2008
Meeting Date: July 17,2008
Resolution 60,2008
pole and fixture details include 20' poles with shoe-box fixtures, full cut-off luminaries and house
side shields for protection of the surrounding properties.
Site Access
The roadway access to the site via Riverside Drive is existing. Approval is being requested to allow
the relocation of the existing southern entrance. The relocation of the southern entrance will allow
for greater stacking and cueing within the site.
Access to the cabinet shop will be through the main entrance and exit.
coordinated to avoid conflicts with school drop off and pick up times.
Deliveries will be
Parking
Required parking is calculated based on one space per classroom, one space per 250 sf of office
space, and one space per 10 students for drop/off and pick up. The manufacturing use requires one
space per 1000 sf.
Per City Code, the proposed school facility use requires 21 spaces plus 25 pickup/drop off spaces.
The applicant is providing more than the required number of parking on the site plan. The applicant
proposes to provide one (1) additional parking space, which is less than the ten percent (10%)
allowed through the addition of open space, and six (6) additional drop off spaces due to Bright
Futures Academy having an much lower percentage of local students that typically arrive by bus,
bicycle or by walking than in the typical public school. These six (6) drop off spaces count toward
the total of 25 pickup/drop off spaces required by code, and are combined with the 19 drive-thru
spaces demonstrated on the site plan. Three (3) spaces are required for the manufacturing use,
which the applicant is providing. Specifically, the approved uses require:
School, Public
or Private
-~ Manufacturing ~ -
Signage
Require! .- ___- Code
1 pcr classroom
1 per 250 s.f. of
office
Plus 1 per 10
students for
pickup/drop off
1 per 1,000 s.f. of
manufacturing
Proposed
12 classrooms, 2,140
s.f. office, 250
students,
2,209 s.f. of
manufacturing
21 spaces
plus 25 pickup/
drop off spaces
3 spaces
riuviucu
Parking
22 spaces
plus 6 dedicated
drop off spaces/
19 demonstrated
drive-thru
spaces
~__
3 spaces
The applicant is not requesting a ground sign with this approval.
9
Date Prepared: June 26,2008
Meeting Date: July 17, 2008
Resolution 60,2008
The project will be completed in one phase. The site, landscaping and building improvements will
be completed in one phase to allow school operations to begin August 18‘”, 2008. The charter
school system is funded through State funding and the majority of the funds received are allocated
to the students.
CP TED Co mp 1 ian ce
Crime Prevention through Environmental Design (CPTED) is a branch of situational crime
prevention that maintains the basic premise that the physical environment can be designed or
managed to produce behavioral effects that will reduce the incident and fear of crime. The Police
Department has reviewed the site plan for the subject property, and has provided staff with several
comments pertaining to security on site and adherence to the CPTED principles. These comments
will be included in the development order as conditions of approval.
PLANNING, ZONING AND APPEALS BOARD
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public hearing
on June 24, 2008, and voted 4 to 3 to recommend approval to the City Council. The three dissenting
votes were due to their objections to previous conditions and over the concept of mixing the
manufacturing use with the Charter School.
Although the recommendations to amend the previous conditions were not voted on by the board,
the applicant and staff reviewed the comments issued by the dissenting voters and re-evaluated the
previous conditions. First, the dissenting voters objected to the wording of previous conditions
regarding the phasing of the installation of landscaping and sidewalk connection. The applicant
agreed to remove the request to phase the landscaping, which removed the condition requiring that
the landscaping be completed within one (1) year of Certificate of Occupancy.
Staff is not recommending the connection of the internal sidewalk with the adjacent properties, as
the connection to the sidewalk network on the west side of Riverside Drive provides a safer and
more sufficient pedestrian connectivity. Therefore, the condition requiring the phasing of the
sidewalk has also been removed.
Second, the dissenting voters objected to a previous condition that allowed the applicant to bond the
screening of roof top equipment. The applicant has agreed to screen the roof top equipment prior to
Certificate of Occupancy and the previous condition has been modified accordingly.
Lastly, the dissenting voters objected to the lack of internal pedestrian connectivity between the two
buildings that will operate as the charter school. The applicant has agreed to modify the site plan to
relocate the proposed sidewalk between the two buildings internal to the gate in order to improve
pedestrian connection between the buildings being utilized by Bright Futures Academy.
Staff notes that in regard to the objection to the mix of uses, the applicant has gained approval from
the School Board regarding the operation of the Charter School and measures have been taken to
10
Date Prepared: June 26,2008
Meeting Date: July 17,2008
Resolution 60,2008
ensure the safety of the students. The potential use of the Keating and Moore cabinet shop as a shop
classroom is also beneficial to the hands-on educational experience the students may receive.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 60,2008 with conditions.
SITE ANALYSIS:
Bright Futures Academy
Comparison (per Allowed
code unless
otherwise noted)
Open Space 115%
Minimum Site Area 5 acres
Minimum Lot Width 1 100'
Minimum Building 15,000 sf
Site Area
Side I 15 feet
Rear 20 feet
parking A -
Proposed
-
Compliance Waiver
Requested
54.7% (1.16 ac) I yes I
Exist. Non- I No Conf. Lot
2.1 acres
452.58' I Yes I
13,861 sf no Existing
non- conf.
Structures
14.65% t 1 story existing
11
Comparison (per
code unless
otherwise noted)
Required
Stall Dimensions
Ground Signs
Number Allowed
Setbacks
Dimensions
Landscaping
Points
Allowed
1 sp per classroom
1 sp/250 sf offic,e
1 PU/DO space/l 0
students
2 accessible
1 loading
5% bicycle( 13)
1 sp/lOOO sf
maufact.
10 feet x 18.5 feet
1 for 300 feet of
ROW frontage, + 1
per additional 700
feet ROW frontage)
15 feet-from ROW
line
50 feet-side
property line
15 ft lengtWl0 fi
height
maximum, 6C
square feet facc
area maximum
1742
Proposed
12 classrooms (12
SPS)
2140 sf office (11
SPS)
250 students (25
PU/DO)
2 accessible
1 loading
22 bike
2209 sf (3 sps)
10' x 18.5'
1
15' from ROW line,
125' from side
property line
11 ft length
6 ft height, 28sf
2,445.2
Date Prepared: June 26,2008
Meeting Date: July 17, 2008
Resolution 60,2008
Compliance Waiver
Requested
Yes
ves
12
CONDITIONAL USE ANALYSIS
BRIGHT FUTURES ACADEMY
CHARTER MIDDLE SCHOOL
JUNE 6,2008
In accordance with Section 78-52, Conditional Uses, tlie.following is an analysis based on the
criteria as set.forth in Part (d):
(1) Comprehensive Plan. The proposed use is consistent with the comprehensive plan.
The comprehensive plan designation.for this site is Industrial. The zoning designation is
M1A which is consistent with the comprehensive plan designation. The proposed use is
an approved conditional use within the MIA district.
(2) Chapter requirements. The proposed use is consistent with all applicable
requirements of this chapter.
The proposed use will occupy two existing buildings. Several site amendments are
pvoposed including parking, access, and landscaping that will bring the site into
compliance with current code requirenzents and standards.
0
(3) Standards. The proposed use is consistent with the standards for such use as
provided in Section 78-159.
Section 78-159 Permitted uses, conditional, and prohibited, Table 21: Permitted
uses, Conditional, and Prohibited Use Chart, (54) - Schools, public or private.
Public or private schools are public or private elementary or secondary schools
conducting regular classes with a course of study approved by the Florida
Department of Education. All schools shall comply with the standards listed below:
a. Shall conform to all city concurrcncy requil-cments.
The proposed use will oc-cupy two cxisting strzcctiires which have been in
uistence since the adoption ofthe city charter. The proposed use is consistent
with the use ofthe building prior. to the ndoption qjthe city concurrency
requirements. No additional impacts to the existing public facilities or services
are anticipated. Included in this application is a trajfic equivalency analysis
C:\Documents and Settings\s~nayel.\Local Settings\Teinpol.ai,y Internet Files\Conteiit.Outlook\WWERYlQB\CU Analysis
060608.doc
LCC35
which addresses the trafJic impacts of the proposed use.
b. Shall connect to public water and sewer treatment systems, or other systems
approved by the city and the county health department.
The structures on the site are currently connected to the public water and sewer
system.
c. Shall be approved as a major conditional use.
Attached to this analysis is an application requesting approval of a major
conditional use.
d. Shall conform to all applicable environmental standards and requirements.
Included in this application is a proposed landscape plan which represents
compliance with current landscape codes and standards. Viable existing
vegetation will be preserved or relocated on site. Due to the size, age and nature
ojthe existing, facility, there are no upland preserve areas.
e. Shall conform to all city landscaping requirements.
Attached to this application is a proposed landscape plan. It is the applicant’s
intention to request iipproval, for a phased installation of the landscape plan.
f. Shall dedicate, at no cost, any necessary rights-of-way or easements for
roads, canals, drainage or public or private utilities.
It is not anticipated that any additional right-of-way, or easements will be
necessagy,for this project.
g. Shall install such road improvements as may be required by the city.
It is not anticipciteci that any additional roadway improvements will be required
as a rclsult of‘this project.
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00OOOX.tlO~ 1,rc 1s
(4) Public welfare. The proposed use provides for the public health, safety, and welfare
by:
(a) Providing for a safe and effective means of pedestrian access;
(b) Providing for a safe and effective means of vehicular ingress and egress;
(c) Providing for an adequate roadway system adjacent to and in front of the site;
(d) Providing for a safe and efficient onsite traffic circulation, parking, and overall
control; and
(e) Providing adequate access for public safety purposes, including fire and police
protection.
a) The proposed site plan provides,for pedestrian access between the buildings and is
proposed to be extended to the existing public sidewalk located on the west side of
Riverside Drive.
b) Vehicular access is being modified to close the southern curb-cut, and add a new
centrally located curb-cut which meets current code separation vequirements. Access
into and out ojthe site accommodates the required stacking distance,for students drop ofl'
and pick up.
e) Riverside Drive is existing and adequate to provide access to and.fvom the site.
d) The site plan attached to this application includes proposed nzodi3cations to the
parking lot and circulation of the site. The proposed changes provide, for complete
circulation, adequate parking and a circulation pattern that will allow, fbr convenient
drop qfi'and pick up of students.
e) The existing porte-cochere on the I0500 building is proposed to be removed which will
allow,full circulation through the site for, fire trucks. Due io the size ?/'the site,, five
protection can be provided,fronz various locations. An alarm systeni is being added to
the interiors qfthe building as an improvement and to provide additionul protection.
(5) Screening and buffering. The proposed use utilizes such techniques as landscaping,
screening, buffering, site or building design, or business operation procedures to
mitigate impacts on surrounding properties, inclircling such impacts as:
(a) Noise;
(b) Glare;
(cl) Ground, wall, or roof-mounted mechanical equipment;
(e) Perimeter, interior, and security lighting;
(f) Signs;
(g) Waste disposal and recycling;
(c) Odor;
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(h) Outdoor storage of merchandise and vehicles;
(i) Visual impact;
(j) Hours of operation;
a) The site is located within an existing industrial area and includes a wall and fencing
on the north and eastern sides. The property to the south is owned by the applicant. The
proposed site plan provides for fencing between the cabinet shop use, and the property to
the south.
b) The proposed parking lot lights will be designed to provide cut-off luminaries and
house side shields to direct light away from any adjacent properties.
c) There is no odor anticipated which will be generated as a result ofthe proposed use.
d) Existing ground mounted equipment will be screened,from public view, roof mounted
equipment will be painted to match the building.
e) The proposed use is not intended to operate at nighl therefore it is not anticipated that
there will be any impacts,from the project lighting to the surrounding properties.
fl The project is proposing one ground sign which will meet all current code
requirements.
g) The existing dumpsters will be enclosed, and the school intends to include recycling
containers within the dumpster enclosuve area.
h) The proposed use will reduce the incidents of outdoor storage due to the nature ofits
use. The school bus will be stored on site, in a secure location behind the fence.
i) The proposed improvements to the site will he an esthetic improvement to the overall
site.
j) Ilotii~ (111 operation ai^ in accordance with public school policy and are generally 7:30
AM to 6:OO PM (School hours and aflercare hours).
(6) Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
Tho proposed use will have no impact with regard to iitilities on or ofthe site, all utilities
CIY~ existing and are not impacted by the pvoposed use.
(7) 1)iniensional standards. The proposed use nieets or exceeds all dimensional
requiremen t required by the chapter.
All dimmsional requii*ements were met when the project was originally approved.
(8) Neighborhood Plans. The proposed use is consistent with the goals, objectives,
policies, and standards of neighborhood plans.
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We are not aware of the existence of a neighborhood plan for this area. The proposed
improvements to the site will be a substantial investment in the site and will serve to
enhance the neighborhood.
(9) Compatibility. The overall compatibility of the proposed development with adjacent
and area uses, and character or area development.
The proposed use will occupy the existing structures on the site. The proposed
modifications to the site to bring the site into compliance with the code will enhance the
area and improve the character of the development.
(10) Patterns of development. The proposed use will result in logical, timely, and orderly
development patterns.
The site is currently developed. The proposed use is consistent with the approved uses
,for the MIA district, consistent with the previous use of the site and will help to revitalize
the area.
(11) Purpose and intent. The proposed use will be in harmony with the general purpose
and intent of this chapter and the goals, objectives, and policies of the City.
The proposed use will bving an A vated Charter school to the city which will serve to
enhance the goals and objectives of the city by enhancing the cit,y 's economic base, as
well as providing viable and attvactive educational options to existing and, futiive
residents.
(12) Adverse impact. The design of the proposed usc and structures will minimize any
adverse visual impacts or impacts caused by the intensity of the use.
The proposed iise will utilize thc existing structures on the site Alternative plans to
replace the existing structures with a use that iJ mose industrial in nature will no longer
he yiirsiied should this request he appiroved. The pmposed improvements to the site will
also serve to inzpvove the visual esthetics of the project by bringing the site into
compliance with the code.
(13) Environmental impact. The design of the proposed use minimizes any adverse
impacts that may be created, including impact on environmental and natural
resources including air, water, storm water management, wildlife, vegetation, and
wetlands .
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The proposed site plan associated with the Conditional Use approval request will utilize
the existing facilities while making improvements to the site to improve circulation,
parking, and drainage. The proposed landscape improvements will enhance the site, as
well as the community.
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IST 35
PROJECT NARRATIVE urban
Bright Futures Academy dspn stu 10 June 6,2008
Request/location
This is a request for a Major Conditional Use to allow a "Public School"
on the property located at 10350 and 10300 Riverside Drive. The
proposed school, The Bright Futures Academy, is an A rated charter
school currently located in North Palm Beach. They would like to move
their middle school students, 6Ih, 7Ih and 8Ih grade, to this location. The
site currently consists of three individual lots, however, the property owner is willing to bind the lots
in a unity of title for the purposes of this application with the understanding that any future uses of
the site may require the release of the unity of title.
Urban Design
Urban Planning
Land
Landscape Architecture
This location fits the needs of the school in a number of ways, first, the site was previously used for a
school so the primary building already includes many of the requirements to meet the needs of the
children. Second, the site has ample play area, parking and good circulation. And finally, the site is
centrally located to provide convenient access. The PBC School District has already reviewed and
approved the site and because of the personnel practices of Keating and Moore, the employees
working in the cabinet shop have already been through the background checks required by the
School Board. It is the intention of the school to be open for business by the start of school on
August 1 8Ih.
The relocation of the middle school students to this campus will allow the number of elementary
school students to also expand within the current NPB facilities. This expansion is supported by the
School District and the Business Development Board and will be a positive addition to both cities.
Bright Futures Charter schools have an A rating and have consistently been used as an example of
how the District would like charter schools to be operated. Because of the commitment to classroom
size and the high teacher to student ratio the maximum number of students in the program will be
limited to 250.
The property is zoned M 1 A- Light Industrial with a Future Land Use Plan designation of Industrial.
The proposed Public School use is a Conditional Use allowed in the MIA district. Currently the
10350 building is un-occupied and the 10300 building is partially occupied by the custom cabinet
division of the Keating and Moore construction company. The cabinet construction shop is exclusive
to Keating and Moore and is associated with the main office which is located just south of the site.
Use of the shop is limited to construction of custom cabinetry for homes being built by Keating and
Moore. The proposed site plan shows fencing and screening which will secure access to the shop
from the students. Discussion is on-going with the school regarding the possible use of the shop in
the schools curriculum.
The Palm Beach County School District Building Department and the
Palm Beach Gardens Fire Department have inspected the site and the
facilities and have recommended several modifications to bring the site
into compliance with current building codes. The proposed changes
477 S. Rosema
Suite %?*l-(Th
West Palm Beach, FL 33401
561.366.1 100 561.366.4 2)I'fax
LCC35
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Project Narrative
Bright Futures Academy
Page 2
include the addition of windows, doors, alarm systems, and fire protection measures. Additional site
improvements are also proposed which will allow for additional parking, better pedestrian and
vehicular circulation, lighting and landscape improvements.
History
The buildings on this property were in existence and were operating as a school when the City
Charter was adopted. Various schools and training facilities have occupied the buildings for many
years. Most recently the buildings have been used as offices and industrial facilities. Recently the
property owner submitted an application to request approval for a multi-story self storage facility
where the 10300 building currently stands. Should this Conditional Use application be approved,
that request will be withdrawn.
Co m pli a n ce/L a n d Us e I
The proposed use is an allowable Conditional Use within the M1A District. The Future Land Use
Plan designation for the site is Industrial which is consistent with the zoning of the site.
Traffic
The proposed use is consistent with the previous occupancy of the site. The reestablishment of the
school use and the elimination of the office space will result in a reduction of trips. The site
modifications include the relocation of the southerly driveway which will improve circulation and
increase the on-site stacking and cueing distances.
The student drop-off and pick up system is designed to allow traffic to enter the site from the south,
with the northern most access point an exit only drive. Circulation through the parking lot allows
for student drop off in front of either of the two buildings. Because of the number of students in the
after-care program, the pick up schedule in the afternoons is spread over an extended time frame.
The school has established a system for pick up that provides teachers with two-way communication
devices in the parking lot to call ahead for individual students to come forward for pick up as their
parents arrive. This allows the cueing line to move smoothly and continue flowing. Occasionally,
parents may need to park and enter the school, so parking spaces have been provided for that
purpose. The addition of pedestrian walkways between the buildings and to and from the public
sidewalk on the west side of Riverside Drive will allow students to move across the campus easily.
Bicycle and scooter parking is provided within the gated and fenced campus.
Phasing
‘The project will be completed in two phases. The site and building improvements will be completed
in one phase to allow school operations to begin August 1 sth, 2008. Installation of landscaping is
proposed for the summer of 2009. This phasing schedule is necessary due to budgetary constraints.
The charter school system is funded through State funding and the majority of the funds received are 0
Project Narrative
Bright Futures Academy
Page 3
EXISTING USE
SUBJECT PROPERTY
Two structures
allocated to the students. It will be necessary to find additional funding for the site and landscape
improvements, so the applicant is requesting that additional time be allowed for the installation of
the landscaping.
ZONING FUTURE LAND USE
M 1 A - Light Industrial I - Industrial
Access
TO THE NORTH
Trendex Bldg Systems
TO THE SOUTH:
Keating and Moore
Construction
Roadway access to the site, via Riverside Drive is existing. Approval is being requested to allow the
relocation of the existing southern entrance. The relocation of the southern entrance will comply
with current subdivision codes for minimum separations and will also allow for greater stacking and
cueing within the site.
MIA - Light Industrial I - Industrial
M 1 A - Light Industrial I- Industrial
Access to the cabinet shop will be through the main entrance and exit. Deliveries will be
coordinated to avoid conflicts with school drop off and pick up times.
TO THE EAST:
Various businesses
Existing Zoning and Land Use Designations & Site Comparison
M1A - Light Industrial I - Industrial
TO THE WEST:
Riverside Drive, Canal and
Plut 5 (Single Family Homes)
RL3 - Residential Low RL - Residential Low
Comparison (per code
unless otherwise noted)
Compliance Waiver I1 Requested
Allowed Proposed
Open Space
Minimiin? Sife Area
15% 54.7% (1 .I6 ac) Yes
5 acres 2.1 acres Exist. Non-
Conf. Lot
Project Narrative
Bright Futures Academy
Page 4
Comparison (per code
unless otherwise noted)
Minimum Lot Width
Minimum Building Site
Area
Maximum Building Lot
Coverage
Maximum Building
Height
Setbacks
Front
Side
Rear
Required
Stall Dimensions
Ground Signs
Number Allowed
Setback
Dimensions
Allowed Proposed
100' I 452.58'
15,000 sf 13,861 sf
60% 14.65%
50 feet 1 story existing
25 feet 49 feet
15 feet 77.9 feet
20 feet 15.2 feet
1 sp per classroom
1 sp/250 sf office
1 PU/DO space/l 0
students
2 accessible
I loading
5% bicycle( 13)
1 sp/lOOO sf niaufact.
12 classrooms (1 2 sps)
2140 sf office (1 1 sps)
250 students (25 PU/DO)
2 accessible
1 loading
22 bike
2209 sf (3 sps)
10 feet x 18.5 feet I 10' x 18.5'
1 for 300 feet of ROW
frontage, + 1 per
additional 700 feet
ROW frontage)
15 feet-from ROW line
50 feet-side property
line
15 ft length/lO ft height
maximum, 60 square
feet face area maximum
1
15' froin ROW line, 125'
from side property line
11 ft length
6 ft height, 28sf
Requested
Existing
Structures
yes I
yes I I
Project Narrative
Bright Futures Academy
Page 5
Points
Comparison (per code Allowed Proposed Compliance
unless otherwise noted)
1742 2606 Yes I
Architectural Style and Special Features
The proposed use will occupy the existing structures. Modifications to the exterior of the buildings
will include the addition of windows and doors for emergency access. The existing screen wall and
overhang on the 10350 building will be removed to provide adequate room for drop off and pick up
of students.
Lighting
Included in this package is a proposed lighting plan which will bring the site into compliance with
current lighting standards. Light pole and fixture details are included on the lighting plan and
include 20' concrete poles with shoe-box fixtures, full cut-off luminaries and house side shields for
protection of the surrounding properties. e
Landscape Plans
The landscape plan proposed will bring the site into compliance with current landscape codes. In
accordance with 78-320(4), foundation landscaping has been provided to be consistent with the form
and function of the use of the building and the surrounding play areas. Fencing and gates are being
provided to secure the campus. Landscape screening and buffer planting has been provided along
the fence lines along Riverside Drive using plant material that is conducive to providing visibility
for children walking, or riding bikes on the sidewalk, and for clear visibility of drop off and pick up
zones. Landscape hedges are to be maintained at 3' or less to maximize visibility of the campus.
Existing trees along the north side of the 10350 building and in areas of conflict with the new drive
aisles are to be relocated to the Riverside Drive buffer. 'The existing trees located to the east of the
10300 Building will be preserved in place.
The applicant would like to request a phased installation of the proposed landscape plan. Those trees
that will require re-location, and site irrigation will be installed as part of the initial site
improvements. The balance of the landscape material installation will be deferred to the summer of
2009. The charter school system is funded through State funding and the majority of the funds
received are allocated to the students. It will be necessaiy to find additional funding for the site and
landscape improvements, so the applicant is requesting that additional time be allowed for the
installation of the landscaping. 0
Project Narrative
Bright Futures Academy
Page 6
Parking
Required parking is calculated based on one space per classroom, one space per 250 sf of office
space, and one space per 10 students for drop/off and pick up. The manufacturing use requires one
space per 1000 sf. The proposed campus is anticipated to have 12 classrooms (12 spaces), 250
students (25 Drop-off/Pick-up spaces), 2 140 sf office (1 1 spaces) and 2209 sf of manufacturing (3
spaces). Parking has been provided for 37 spaces which includes 26 parking spaces and 11 drop-
off/pick-up spaces. The additional required 14 drop-off/pick up spaces are provided in the
parking/drive aisles.
Signage
The applicant is requesting approval for one ground sign. The proposed design includes the name of
the school and the school logo. The sign will be concrete with recessed translucent plexiglass bands
which will be illuminated at night. Lighting will be external from ground lighting.
Drainage
The site is part of the SFWMD C-17 Drainage Basin. Drainage outfall has historically sheet flowed
to the existing swale system in Riverside Drive which discharges to the existing canal along the west
side of Riverside Drive. Proposed run-off from the additional impervious area is to be directed to an
on-site dry detention area by means of paved and/or grass swales. Legal positive outfall exists for the
site via sheet flow connection to Riverside Drive right-of-way. 0
WAIVERS
The applicant is not requesting any waivers.
ENGINEERING I PLANNING I CONSULTING I SINCE 1982
June 5,2008
Job NO. 08-049
TRAFFIC EOUIVALENCY STATEMENT
Bright Futures Academy
10300 & 10350 Riverside Drive
City of Palm Beach Gardens, Florida
SITE DATA
The subject parcel is located on the east side of Riverside Drive just north of Pearl Street
(south of Burns Road) in the City of Palm Beach Gardens, Florida and contains
approximately 4.4 1 acres. The site is currently developed with two (2) existing buildings and
two (2) driveway connections to Riverside Drive. The northerly building contains
approximately 75 14 SF and was previously used for a 250 SF private school, K-8 (an interim
office use was most recently occupying this building, however for the 10 years previous the
building was occupied by the Edison - Russell Center for Learning and the Palm Beach Prep
School, both of which were K-8 private schools). The southerly building contains a total of
6347 SF of which 2209 SF is an existing cabinet shop and 4138 SF has been utilized as
general office space. The total building area of the southerly building is 6347 SF and the
total of both buildings on site is 13,861 SF.
As noted above, two (2) driveway connections to Riverside Drive are currently existing. It is
proposed to relocate the southerly existing driveway connection further to the south and to
make the northerly driveway connection an exit only. For additional information regarding
site location, layout, and vehicular circulation patterns, please refer to the Site Plan prepared
by Urban Design Studio.
Simmons & White, Inc.
5601 Corporate Way Suite 200 West Palm Beach Florida 33407
F : 5 6 1.4 7 8.3 7 3 8
Certificate of Authorization Number 3452
T: 5 6 1.4 7 8.7 8 4 8 w w w . s i m m o n s a n d w h i t e. c o m
Traffic Equivalency Statement
June 5,2008 - Page 2
Job NO. 08-049
TRAFFIC GENERATION
The Palm Beach County Unified Land Development Code Article 12, Section (I)(C)-
Procedure, Traffic Performance Standards, APPLICABILITY, Subsection 2(A) requires that
for any application for a site specific development order on property on which there is an
existing use/current approval shall be subject to the Palm Beach County Traffic Performance
Standards to the extent the traffic generation projected for the site specific development order
exceeds the traffic generation of the existing use/current approval. The generation rates and
capture rates of the existing use/current approval shall be updated to current pro forma traffic
generation and passer-by rates and shall be used to calculate existing use/current approval
traffic. The existing use/current approval traffic currently vested to the parcel may be
calculated in accordance with the rates provided in Table 10.8- 1 Fair Share Road Impact Fee
Schedule as shown in Table lA, Table 2A and Table 3A attached with this report. Table 1A
shows the daily traffic generation associated with the existing uses/current approvals. Tables
2A and 3A show the A.M. and P.M. peak hour traffic generation, respectively. The traffic
generation associated with the existing development (2209 SF of cabinet shop/light
industrial, 250 student K-8 private school and 4 13 8 SF of general office) may be summarized
as follows:
723 tpd
241 pht
171 pht
- Daily Traffic Generation -
A.M. Peak Hour Traffic Generation
P.M. Peak Hour Traffic Generation
- -
- -
The traffic to be generated by the proposed plan of development has also been calculated in
accordance with the traffic generation rates listed in Tables 10.8- 1 Fair Share Road Impact
Fee Schedule of Article 10 and the 1.T.E Trip Generation Manual, 7'h Edition as shown in
Table lB, Table 2B and Table 3B. Table 1B shows the daily traffic generation associated
with the proposed plan of development. Tables 2B and 3B show the A.M. and P.M. peak
hour traffic generation, respectively. The traffic to be generated by the proposed
development (2209 SF cabinet shop/general industrial and 250 student private middle school)
may be summarized as follows:
635 tpd Daily Traffic Generation
227 pht A.M. Peak Hour Traffic Generation
P.M. Peak Hour Traffic Generation - - 155 pht
- -
- -
Traffic Equivalency Statement
June 5,2008 - Page 3
Job NO. 08-049
TRAFFIC GENERATION (CONTINUED)
The net decrease in traffic generation as a result of the proposed plan of development may be
summarized as follows:
88 tpd DECREASE
14 pht DECREASE
- DAILY -
A.M. PEAK HOUR -
P.M. PEAK HOUR -
-
16 pht DECREASE -
SITE RELATED IMPROVEMENTS
The A.M. and P.M. peak hour turning movement volumes and directional distributions at the
project entrance for the proposed development with no reduction for pass by credit or
existing use credits are shown in Tables 5 and 6 attached with this report. The following
summary applies: a
DIRECTIONAL
DISTRIBUTION
(TRIPS IN / OUT)
A.M. Peak Hour = 1261101
P.M. Peak Hour = 72/83
As mentioned in the SITE DATA portion of this report, site access is existing via two (2) full
access driveway connections to Riverside Drive. It is proposed to relocate the southerly full
access driveway connection further to the south to increase stacking and improve internal
circulation. The northerly driveway connection will be converted to an exit only and the
southerly driveway connection will function essentially as an entrance only during the peak
drop off and pick up time periods. Based on the Turning Movement Worksheet attached
with this report and the Palm Beach County Engineering guideline used in determining the
need for turn lanes of 75 right turns or 30 lef? turns in the peak hour, it appears an exclusive
left turn lane on Riverside Drive as the project’s southerly entrance meets the criteria to
warrant a left turn lane. No turn lane is recommended at this location however, due to the
following:
Traffic Equivalency Statement
Job NO. 08-049
June 5,2008 - Page 4
SITE RELATED IMPROVEMENTS (CONTINUED)
1. The parcel has operated as a 250 student private school in the past with no
operational issues or constraints on Riverside Drive duriQg the very short peak
pick up and drop off peak periods.
2. Modifications are being proposed to relocate the southerly driveway to
substantially increase the on-site stacking and cueing distances. The new
layout is expected to substantially approve operations for the facility.
CONCLUSION
The proposed private school is essentially a re-occupancy of a previous school use. The
reestablishment of the school use and the elimination of the office space (2209 SF cabinet
shophndustrial is to remain) will result in a reduction in trips from the previous uses and
therefore appears to meet the requirements of the Palm Beach County Traffic Performance
Standards .
Robert F. Re , P.E.
FL Reg. No.
0 ja: x:/docs/trafficdrainage/tes.08049.word
EXISTING D @ LOPMENT
Trip Generation Analysis
Private School (K-8)
General Office ____ -~___-
-~-____
General Office __ ~-__-
X:\Documents\PROJECTS\PROJECTS\FeasibiIity\Bright Futures Trip Gen
6/5/2008 AH
PROPOSED BELOPMENT
Trip Generation Analysis
TABLE 4 - Daily Traffic Generation
TABLE 5 - AM Peak Hour Traffic Generation
TABLE 6 - PM Peak Hour Traffic Generation
Private School (K-8) .-
X:\Documents\PROJECTS\PROJECTS\Feasibility\Bright Futures Trip Gen
6/5/2008 AH
TURNING MOVEME
LEGEND
10 A.M. PEAK HOUR TURNING MOVEMENT
(12) P.M. PEAK HOUR TURNING MOVEMENT 12501 MDT
SITE
3RKSHEET
BRIGHT FUTURES ACADEMY
08-049 AH 06-05-08
February 4,2008
Mark Hammond
Executive Director
Solid Waste Authority
7501 N. Jog Road
West Palm Beach, FL 33412
YOUR PARTNER FOR SOLID WASTE SOLUTIONS
Subject: Availability of Solid Waste Disposal Capacity
Dear Mr. Hammond
The Solid Waste Authority of Palm Beach County hereby provides certification that the Authority
has disposal capacity available to accommodate the solid waste generation for the municipalities and
unincorporated county for the coming year of 2008. This letter also constitutes notification of sufficient
capacity for concurrency management and comprehensive planning purposes. Capacity is available for
both the coming year, and the five and ten year planning periods specified in 95-5.005(4).
As of September 30,2007, the Authority's North County Landfills had an estimated 33,789,220
cubic yards of landfill capacity remaining. Based upon the existing Palm Beach County population, the
most recently available population growth rates published by the University of Florida Bureau of
Economic and Business and Research (BEBR), medium projection, and projected rates of solid waste
generation, waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be
available at the existing landfill through approximately the year 2021, assuming the depletion of the
Class I and Class III landfills is approximately balanced.
The Board of the Solid Waste Authority authorized the initial design and permitting efforts to
develop a new landfill on 1600 acres owned by the Authority. The capacity of this new landfill facility
will extend the life of the solid waste system beyond the year 2065.
The Authority continues to pursue options to increase the life of its existing facilities and to provide
for all the County's current and future disposal and recycling needs. As part of its responsibility, the
Authority will provide an annual statement of disposal capacity, using the most current BEBR
projections available. Please provide copies of this letter to your plan review and concurrency
management staff. If you have any questions or I can be of further assistance, please do not hesitate to
contact me.
Very truly yours,
Chief Administrative Officer
7501 North Jog Road, West Palm Beach, Florida 33412 (56~$40-4000 FAX (561) 640-3400 HBcyCled Paper
B ,- 1 4:; .* I ti*
I L,',.' vi . * :' * -,,ti
SIMM TE
ENGINEERING I PLANNING I CONSULTING I SINCE 1982
BRIGHT FUTURES ACADEMY
Section 7, Township 42S, Range 43E
City of Palm Beach Gardens, Florida
Water Manapement Summary
Prepared: June, 2008
Simmons & White, Inc.
5601 Corporate Way
Suite 200
West Palm Beach, Florida 33407
Cert. of Authorization 3452
Simmons & White, Inc.
5601 Corporate Way Suite 200 West Palm Beach Florida 33407
Certificate of Authorization Number 3452
T: 56 1,478,7848 F: 56 1.478.37 38 www, s i rn mo n s a n d w h i t e. co rn
Land Use Table: 0 Existing
Building 0.3 I
Pavement 0.63
Open 3.47
Total 4.41
Additional Impervious area = 0.13 acres
Land Use Summary:
Proposed/Final
0.3 1
0.76
3.34
4.4 1
The proposed scheme of development will result in an increase in total impervious area
from the original condition. The existing site historically sheet flows to Riverside Drive.
The existing drainage patterns will be maintained and attenuation and water quality will
be provided for the additional impervious area in a depressed swale area on site prior to
sheet flow/overflow to Riverside Drive.
Attenuation will be provided for the runoff generated by the additional impervious area
based on the 3 year, 1 hour storm event in a depressed dry swale located on site. Water
quality requirements are met in this depressed area. 0
Water Quantity:
3 year, 1 hour event rainfall = 2.9”
Required storage Volume = 2.9”~ 0.13 ac
= 0.38 ac-in Provided in Depressed Area
Water Quality:
2 %” x % Increase in Impervious Area:
(m x 2 %” x 0.63ac x 75% for Dry Treatment
(0.63)
= 0.24 ac-in
= 0.24 ac-in Required Water Quality 0.38 ac-in Provided in Depressed
Area
June 2,2008
Job NO. 08-049
DRAINAGE STATEMENT
Bright Futures Academy
10300 & 10350 Riverside Drive
City of Palm Beach Gardens, Florida
SITE DATA
The subject parcel is located on the east side of Riverside Drive just north of Pearl Street in
the City of Palm Beach Gardens, Florida and contains approximately 4.41 acres. The site is
currently developed with two (2) existing driveway connections to Riverside Drive and two
(2) buildings totaling 13,861 SF (all to remain). Proposed development consists of
refbrbishing the existing buildings to accommodate a 250 student middle school (a small
existing cabinet shop is also to remain). The relocation of one (1) driveway connection to
Riverside Drive and improvements to the existing parking and drive aisles are also proposed.
For additional information regarding site location and layout, please refer to the Site Plan
prepared by Urban Design Studio.
SITE DRAINAGE
This site is located within the boundaries of the City of Palm Beach Gardens and the South
Florida Water Management District C-17 Drainage Basin. The site and those surrounding it
historically sheet flow to the existing swale system in Riverside Drive which discharges into
the existing canal along the west side of Riverside Drive. It is proposed that runoff from the
additional impervious area be directed to proposed on-site dry detention area(s) by means of
paved and/or grass swales. Legal positive outfall exists for the site via sheet flow connection
to the City of Palm Beach Gardens Riverside Drive right-of-way. Drainage design is to
address the following:
1. On-site detention of the additional runoff generated by the 3-year, 1-hour
storm event over the increase in impervious area.
Drainage Statement
June 2,2008 - Page 2
Job No. 08-049
SITE DRAINAGE (CONTINUED)
2. On-site water quality treatment for the additional impervious area in
accordance with City of Palm Beach Gardens and South Florida Water
Management District criteria.
Required permits/approvals shall include the following:
1.
2.
City of Palm Beach Gardens Infrastructure Permit
City of Palm Beach Gardens Right-of-way Permit
ja: x:/docs/trafficanddrainage/ds.O8049.word
.. .
urban
June 20,2008
Mr. Stephen Mayer, Senior Planner
The City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 334 IO Urban Design
Urban Planning
Land Planning RE: BRIGHT FUTURES ACADEMY- CUMJ-08-06-000012 Landscape Architecture
RESPONSE TO DEVELOPMENT REVIEW COMMITTEE
COMMENTS - UDS REF. #OS-019.000 (CU)
Dear Stephen:
Please accept this as our response to the comments receive d for the June 16,2008 Development
Review Committee meeting. For your convenience, we have duplicated their comments in bold
and our responses follow in italics.
Comments from SteDhen Maver, PBG City Planner, dated June 12,2008
Certification Issues
1.
2.
3.
4.
Indicate sufficient back-up distance with regards to parking stalls near the sliding gate.
The conJiguration of the parking lot has been amended to i-emove the parking space closest
to the gate on the north side of the in-bound lane, and to s.hift the spaces on the south side of
the in-bound lane to the east, The site plan has also been amended to include a dimension
line indicating the 100' stacking distance.
Indicate the setbacks for the dumpster location.
The setback dimension has been noted on the site plan as requested.
Provide any other signage to be placed on the property and provide typical on the plans
(Le. wall signage, directional).
Due to cost constraints, the proposed ground sign will not be cc nstructed. Design of a
possible wall sign is currently being evaluated.
Please provide more information about the proposed cross access agreement with the
adjacent property to the south.
At this point in time, the only access between the properties will be
pedestrian. At some time in the future, the property owner may
approach the city with a request for site plan mod$cation that would477 &s&&,nv&,e 3 *xs. E5
allow vehicular cross-access. The site plan has been modified to
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Suite 225 - The Lofts at City Place
show access to the shop from the parking lot, and to remove the fenceWeSt Pa'm
separating the playground from the shop yard.
FL 33401
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G UobsDnght Futures AcademyKU Application 2008hpplication Info\Respoiise to DRC 06 1608 wpd
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 2
5. Please revise the parking calculation derived, as 9 parking spaces are required for the
2,140 SF of office (2,14OSF/250 = 8.56), but 13 classrooms were identified on the floor
plans: 5 in building 10300 (including a shop classroom) and 8 in building 10350.
Furthermore, do not include the drop off parking spaces wiih the parking provided
number (37). According to my calculations, the parking required is 25, plus 25 drop off
spaces. The parking provided is 26 plus 11 drop off and 14 drive thru spaces. Please
explain the difference between the drop off and drive thru spaces.
The parking calculations have been amended ana' are provided as follows: 9 spaces for
school office, 12 for classrooms, 3 for manufacturing, 6 drop offspaces, and 19 drive thru
spaces. Previous calculations which were in error for ofJice space, have been corrected to
use 1/250 versus 1/200. The 13"' classroom/shop is still under consideration, and because
the manufacturing use required more parking sptices than the classroom use, the
manufacturing use requirements were used. The drop-ofll'pick-up spaces have been reduced
to reflect 6parking spaces and 14 drive thru spaces. The 6parking spaces have been
designated throughout the site and the drive thru spaces have been reduced. The required
parking (24 spaces) is exceeded by three spaces uvhich equals a 10% increase. In
accordance with the code, the site open space has been adjusted to identih an additional 1.5
square feet of open space for each square foot ofpavement area for the three additional
parking spaces.
6. Please demonstrate the required additional open space, at a ratio of 1.5 SF for the
additional parking space provided above the required.
An additional three parking spaces are provided in e.xcess of the code required number of
spaces. (24 reqd spaces x 10% = 2.4 = 3 spaces) At a ratio of 1.5 square feet of additional
open space per square foot ofpavement area, 832.5 square feet ( 02 ac) of open space has
been provided adjacent to the parking area. This calculation is as follows: 18.5 x 10 = 185 x
1.5 = 277.5 x 3 = 832.5 sf (02 ac). The site has exceeded the required open space of .32
acres by ,84 acres.
7. Please revise the site plan to show the driveway distances to ensure the proper of
amount of space exists between driveways.
The site plan has been amended to include a dimensional note indicating the space between
the driveway entrances.
8. Please revise the site plan to indicate the concrete wall located on the north and
northeast sides of the property is existing. Also, please provide details of the proposed
6' chain link fence, including colors and materials. Staff notes that pursuant to code, the
fence must be black or green vinyl coated.
The site plan has been amended to increase the size of the wall notation. All new fencing on
the property will be 6' black vinyl coated.
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Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 3
9. Coordinate with the GIS Department as early as possible to assure proper address
signage to each of the buildings.
At the DRC meeting an agreement was reached that the two buildings wouldpost 12"
address numbers using the existing addresses.
10. A concurrency statement is required by Seacoast Utility Authority (SUA), Fire
Department and Solid Waste indicating sufficient capacity is available for this
development. Please see section 78-46(7) and provide at next submittal.
Attachedplease Jind a statementfrom the Solid Waste Authority indicating available
capacity for the proposedproject. We have requested a service availability letter from
Seacoast Utility Authority and will forward it to you upon receipt. We would like to get
clarification with regard to the context of the letter from the Fire Department.
11. Pursuant to Section 27-362, off-street loading facilities shall not be located within 100
feet of a residential zoning district. Please demonstrate that the proposed loading zone
is located greater than 100 feet from the residential zoning district as it appears that it
is 87 feet from the edge of Plat 5.
The site plan has been amended to move the loading spaces to the interior parking lot area,
which places them outside of the 100' setback area to a residential district.
Non-Certification Issues
1. Providing cross-sections of the proposed buffers adjacent to the residential
neighborhood to the southwest (Plat 5) would be helpful to explain and interpret.
We will provide graphic and aerial images at the public hearing to help explain and interpret
the proposed site improvements.
2. Staff prefers the connection to the existing sidewalk on the south side of Riverside Drive
and supports the use of signage and detectable warning surface as traffic calming
techniques. However, due to the reduced visibility of a curving road, please illustrate
that the crosswalk will be marked with diagonal or perpendicular lines to ensure high-
visibility.
The sidewalk connections to the site have been amended to remove the northern most cross-
walk, and to add future connections to the north and south of the site. The applicant would
like to ask that the installation of the sidewalks to the north and south be delayed until such
time as adjoining sidewalks are installed.
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Mr. Stephen Mayer June 20,2008
Bright Futures Academy Page 4
Comments from Mark Hendrickson, PBG Citv Forester, dated June 13,2008
Certification Issues
1.
2.
3.
4.
In accordance with Section 78-305 of the LDR, landscape plans should clearly delineate
and 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 file shall contain a separate layer for each of the following categories: property
boundary, impervious areas, pervious areas, areas designated as open space, and sod
areas. Applicant needs to resubmit CAD files with the revisions discussed with Forestry
and GIs.
Please see attached open space plan, and a disk with D WG and DXFfiles. We do not have
the capability of producing DGNJiles. Should you need any additional information, please
let me know.
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 to prevent conflicts with landscaping. Please revise the landscape plan to show the
water and sewer line connections to the buildings.
The attached landscape plans have been amended to include the connection lines to the
building. They have also been amended to update the location of the clean-out, Please note
that a check of the records has indicated that the lines on the property do not have easements
associated with them.
In accordance with Section 78-334 (e)(l)(c) of the LDR, a landscape buffer planting
must be provided along the back property line adjacent to the parking area. The buffer
should include a hedge. Please revise.
The landscape plan has been amended to include a notation regarding the existing hedge,
and the addition of hedge material adjacent to the parking area.
In accordance with Section 78-315 (f) of the LDR, a berm of at least two feet and a
continuous hedge of at least 30 inches must separate the vehicular use areas from the
Riverside Drive ROW. Please indicate the berm on the site plan, engineering and
landscape plans. Please include a cross section of the landscape buffer of the berm area
showing engineering details and landscaping.
A 2' berm has been added to the landscape plan adjacent to the drive aisle and a cross-
section of the berm has been added to the engineeringplans. Please note that the landscape
material on the berm has been adjusted to maintain lower heights in accordance with
CPTED guidelines and a desire to maintain maximum visibility of the children and the site.
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Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 5
5. In accordance with Section 78-305 (c) 7 d.[78-287 (c)] of the LDR, landscaping
requirements for signs, minimum widths of front and side landscaping should equal
the height of the sign. Please revise to have 6 feet between the sign and the sidewalk.
Moving the fence back out of the buffer area may help to allow enough room for the
landscaping for the sign.
Due to cost constraints, the ground sign has been removedfiom the plan. Consideration of a
wall sign is being evaluated. Please note that the proposed fence on the southern portion of
the site has been re-located to provide a full 15' of area between the fence and the sidewalk.
The existing fence on the north end of the site is proposed to remain in place.
Non-Certification issues
1. Please identify the mainline loop as irrigation.
The landscape plan has been amended to include a notation to clarifi the irrigation note.
2. The dumpster location may be shifted to the north at an angle to move it further from
the property line. This would allow for better screening and buffer landscaping. Also,
indicate if this dumpster area will serve both buildings and both tenants.
The proposed location of the dumpster has been dictated by the intended use of the outdoor
area adjacent to the northern building and the conflict of the use of the space with any
potential odorsfrom the dumpster. The dumpster is intended to be used by both tenants and
has been increased in size from the dumpsters currently located on site.
3. The drainage depression, swale and concrete flume indicated on the plans may conflict
with the landscaping and sidewalk. The playground may not be the best location for the
drainage depression.
Details and cross-sections of the detention area, swale and flume have been provided on the
engineering construction plans. The proposed detention area design provides for a very
gradual grade change of 1.5 feet over a 2O'area. The proposedplay area on the southern
side of the site is intended for more passive uses than the play area on the northern side of
the site which is why the area was selected for the detention area.
4. The playground fence could be moved back, so it is out of the 15 foot landscape buffer.
This would allow full planting of the buffer with shrubs and trees.
The proposed playgroundfence on the southern playground has been relocated to provide a
full I5'for the landscape buffer. The existing fence on the northern playground is proposed
to remain in place.
5. Please explain the purpose of the wood fence dividing the south playground area.
The woodfence in the southern playground has been removed.
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Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 6
6. The cabinet shop access should be clarified at this time.
The site plan has been amended to show a loading area and gates in fiont of the entrance to
the shop.
7. If the Applicant is going to delay the installation of the landscaping until a future date,
a schedule of permitting and installation may be required as a condition of approval.
Also, a description of how the grading and parking lot improvements would be
completed without the landscaping being installed would be required.
Detailed landscape construction plans for the phases of landscaping are being prepared and
will be reviewed with staffprior to final approval by the City Council.
Comments from Steven Kennedy, PBG BuildinP DeDartment, dated June 12,2008
1. In order to ensure there are no defects in the footprint and conceptual design, please
provide a brief Building Life Safety Analysis to include height and area, including
limitations per Table 503 FBC, based upon building type, level of fire protection and
construction type. Please include interior exiting strategies, and distances, as well as exit
capacity tabulations.
A Life Safetyplan for each building, addressing the above referenced items, has been
prepared by the project architect, and is included in the attachedpackage ofplans.
2. Please reevaluate the “northwest drop off area” for compliance with FBC 11-4.6.6,
passenger loading zones and FBC 11-4.7.1 curbs in order to assure that adequately
arranged drop off/loading zones are provided.
The arrangement of the drop/offloading area has been reviewed by the project engineer and
has been determined to meet the accessibility requirements. Please note that the site plan
has been amended to remove several of the designated drop-off/pick-up spaces in this area.
The following non certification comments are offered for the benefit of the applicant:
1. Separate application, plan review and permitting shall be required for paving, grading,
drainage, site lighting, landscaping, irrigation, gas piping, fire protection systems, and
other installations.
The applicant understands and will comply with the permitting requirements oj’the city.
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Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 7
Comments from Officer Jules Barone, PBG Police Department, dated June 11,2008
Certification Issues
1.
2.
3.
Lighting locations shall not conflict with landscaping (long term tree canopy growth).
The landscape plan has been amended to increase the separation between the trees and the
light poles.
Metal Halide shall be used for all street and pedestrian walkways.
All proposed light fixtures are proposed to be Metal Halide.
Lighting on buildings should be around perimeter of all sides and along the pedestrian
walkway surrounding the buildings.
New lighting is proposed in the parking, sidewalk and driveway areas. Additional security
lighting, as necessary, will be placed on the building to supplement what is currently in
place.
Non-Certification Issues
1. Lighting photo metrics should be done according to lighting code with landscaping
already in place.
The photometric lighting plan submitted with the application has been prepared in
accordance with current code lighting standards. Tree canopy locations have been adjusted
to avoid conflicts wilh lighting. Trees locutions may be field adjusted to avoid conflicts with
lighting or utilities.
2. Bicycle racks should be placed in close proximity to building and not in the parking lot.
Set a policy requiring students to utilize a bicycle locking cable or chain.
The proposed bicycle racks are located adjacent to the southern building, within the fenced-
in compound of the school.
3. Landscaping should not obstruct view from windows or walkways.
Landscape hedges will be maintained ut 3 ' or less, and will be trimmed to maintain visibility
@om all windows and walkways.
G:'Jobs\Bright Futures Academy\CU Application 2008LApplication Info\Response to DRC.06 1608 wpd
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 8
4. Target harden building: pre-wiring for alarm system, electronic access control,
restricted key control system, double cylinder locks or, classroom doors, vandal
resistant lever locks, etc.
Access to the campus during school hours will be restricted to a single entrance. The
applicant is investigating the use of an electronic access control system, and three point
access controlled doors for all new doors.
5. Doors:
a. Entry doors should open outward versus inward.
All entry doors open outward.
b. All exterior doors shall be equipped with security hinges and three point contact.
The applicant is investigating the use of three point contact doors for all new doors.
c. All strike areas of perimeter doors shall be equipped with reinforced, case hardened
strike plate.
The applicant is investigating the use of reinforced strike plates.
6. All restrooms should be placed near administrative offices or in highly conspicuous
locations for constant monitoring
All restrooms are existing.
7. Secured fencing should be provided to prevent unauthorized ieo school grounds, school
or restricted areas.
Fencing is being proposed to supplement the existing walls and fences on the site to create a
secure campus. Gates will be locked upon the start of school each nrorning, and access to
the campus will be limited to a single access point in the northern hilding.
8. Provide legends throughout the facility to ease assistance with locating different areas
Internal signage will be provided within the buildings to assist studenis tc)jnd classrooms.
9. Provide teachers with means to handle emergency situations promote student
awareness of security risks and countermeasures and provide psychological deterrents
to theft and vandalism.
The school has a system in place for training teachers in emergency mixnagement.
CPTED CONDITIONS FOR Construction site CRIMES
CPTED Conditions of aDproval:
1. Prior to issuance of the first building permit, the applicant shall prep;iire a
construction site security and management plan for approval by the <:‘ity’s Police
Department CPTED Official.
G UobsBnght Futures Academy\CU Application 2008Mpplication Info\Response to DRC 061608 wpd
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 9
a. The developer/project manager after site clearing and placement of
construction trailers shall institute security measures to reduce or eliminate
opportunities for theft. The management plan shall include, but not be
limited to, temporary lighting, security personnel, vehicle barriers,
construction/visitor pass, reduce/minimize entry/exit points, encourage sub
contractors to secure machinery, tools at end of work day and/or any other
measure deemed appropriate to provide a safe and secure working
environment.
b. The security management plan shall be maintained throughout the
construction phase of the project. Non-compliance with the approved plan
shall result in a stop-work order for the entire planned unit development.
The applicant does not intend to install a trailer on the site. Due to the relatively small
volume of exterior site work, the speed at which the improvements need to be completed,
and the close proximity of the site to the property owners place of business, the
management of the construction site will be monitored by the property owner.
Comments from Leo Giangrande, EnPineerinp Consultant, BOYLE. dated June 12,2008
Non-Certification Issues:
1. The applicant has provided a Conceptual Engineering Plan and Preliminary Surface
Water Management Calculations with this submittal. The applicant is advised that we have
reviewed these documents as they relate to the proposed site plan only. Additional review
and comments will be provided at the time of the City’s formal review of the construction
plan submittal under the City’s infrastructure permit application, following site plan
approval.
The applicant appreciates the informal review of the plans and looks forward to working with
the city engineer as the construction plans are completed and submitted for approval.
2. The applicant is advised that due to the release of 2008 FDOT Standards for Design
manual, they shall clarify which edition of the FDOT standards apply to the project (The
use of the term “Current” or “Existing” Edition shall be interpreted to mean the 2008
edition), in any applicable notes. Projects that are submitted to the City for development
review, or initial construction plan review, after July 1,2008 should specify the current
2008 edition.
The project engineer has incorporated the 2008 FDOT Standards as the document of reference
and have used the 2008 Standards in the design of the project.
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Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 10
The following are comments that shall be addressed for the infrastructure permit submittal:
1. The applicant shall provide “complete horizontal control of the project sufficient to
construct the project and determine the dimensions of all site improvements”, for
conformance with Section 78-448 of the LDR.
Horizontal Control has been incorporated into Sheet I of the engineering Site Development Plan
attached.
2. The applicant shall clearly show, label and dimension the site plan and engineering plan,
for conformance with Section 78-46 of the LDR, to clearly identify all existing and
proposed site feature including but not limited to; curb (noting type), curb radii, pavement
width, drive aisle width, pavement radii where curb is not proposed, sidewalk and their
width (including public sidewalks on adjacent street right-of-ways) and building access
walks, handicap ramps (labeled “HR” or “CR”), flush walk with pavement (“FW”), raised
walk in lieu of curb along the edge of the pavement, parking stalls (standard and
handicap), pavement areas versus grass areas, signage and pavement marking, easements,
utilities, light fixtures, match points to existing facilities, etc.
The attached engineering Site Development Plan has been modified to include additional
notations, dimensions and details to assist in the construction of the improvements on the site.
3. The applicant shall provide a cross-section through the detention area from the lot line for
conformance with Section 78-305 of the LDR.
The attached engineering Site Development Plan has been amended to include the cross-section
of the detention area.
4. The applicant shall show, label and dimension all existing and proposed easements and
buffers on the site plan, landscape plan and engineering plan for conformance with Section
78-305 of the LDR.
A check of the records has confirmed that there are no additional easements on the site. The
attachedplans have been amended to include the location of the water and sewer lateral
connection lines and the re-located SUA cleanout. The 15’ buffer has been identified on all
plans, the 8’ buffer has been omitted-from the site and engineeringplans and will be addedprior
to the City Council approval.
5. The applicant shall show and label all existing and proposed signage on the site plan,
engineering plan and landscape plan for conformance with Section 78-46 of the LDR.
There currently isn’t any existing signage on the site, and due to cost constraints, the proposed
ground sign has been removed from the application. Consideration is being given to possible
wall signs for a future submission.
G:Uobs\Bright Futures AcadcmyKU Application 2008L4pplication InfoiResponse to DRC 061 608.wpd
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 11
6.
7.
8.
9.
The applicant shall clarify the design of the crosswalks within the site. The applicant
indicates painted crosswalks are proposed, per the note on the site plan (SP Sheet 1 of 2)
regarding the north crosswalk to the north handicap parking stall. However, the
engineering plan implies that the crosswalks will be striped. The applicant is referred to
the City’s standard note regarding the required use of thermoplastic material for all
pavement marking and striping, excluding parking stall striping.
The notation regarding “painted” crosswalks has becw removed, and notations regarding the
use of thermoplastic material has been included on both the site and engineering plans.
We recommend that the applicant provide informational signage to clarify the ingress and
egress drive locations.
Please see the engineering Site Development Plan fo locations of signage.
We recommend that the applicant provide school speed limit signs in advance of the school
location on Riverside Drive, with coordination with the Police Department.
The applicant is evaluating the use of school speed limit signs.
The Manual of Uniform Traffic Control Devices (MUTCD), Section 3B.16 indicates the
stop line should be placed 4 feet in advance of the nearest crosswalk line, which is
consistent with the requirements of FDOT Index 17346. MUTCD, Section 3B.16 further
requires the stop line be placed at the desired stopping point, in no case more than 30 feet
or less than 4 feet from the nearest edge of the intersecting roadway. We recommend that
the applicant relocate the stop sigdstop bar to further west to a point +/- four (4’) feet from
the extension of the edge of pavement.
The project engineer has reviewed the location of the stop bars with the city engineer and the
attached plans represent his understanding of the appropriate locations required.
10. The applicant shall identify (label) the signs shown immediately north of the north
crosswalk, on Riverside Drive, for conformance with Section 78-46 of the LDR.
Please see the engineering Site Development Plan, sheet 1, which has been rnodiJed to address
signage and marking.
11. The applicant shall relocate the loading space to prevent the blockage of the ingress and
egress of the parking area, which shall not be restricted (SP Sheet 1 of 2) for conformance
with Section 78-46 of the LDR.
The attachedplans have been mod$ed to relocate the loading areas.
G:VobsBright Futures Academy\CU Application 2008L4pplication InfoKesponse to DRC.061608 wpd
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 12
12. The applicant shall identify, sign and stripe the loading area for conformance with Section
78-363 of the LDR.
Please see the attached plans for proposed striping and marking details.
13. The applicant shall show, label and dimension, a minimum 100-feet of off-street stacking
distance from the edge of right-of-way to the nearest parking space, or intersecting drive
aisle (SP Sheet 1 of 2), for conformance Section 78-344 of the LDR.
The attached site plan has been amended to include the minimum IOO'stacking distance. Please
note that one parking space has been removed on the north side of the in-bound lane, and that
the spaces on the south side of the in-bound lane have been shifted to the east.
14. The applicant shall indicate the capacity of the bicycle parking racks (SP Sheet 1 of 2) for
conformance with Section 78-414 of the LDR.
The capacity of the bicycle parking racks has been noted on the attachedplans.
15. The applicant shall identify the width of all existing and proposed sidewalk for
conformance with Section 78-506 of the LDR.
The attachedsite plan has been amended to identi& the dimensions of the existing andproposed
sidewalks.
16. The applicant shall dimension the clear width of the walk between the bicycle parking
racks and the vehicle overhang area for the south building (SP Sheet 1 of 2) for
conformance with Section 78-46 of the LDR.
The attached site plan has been modified to include a dimension of 5.7' between racks and the
edge of the parking space. The site plan has been modified to allow the existing pavement to
remain and wheel stops have been included in lieu of a curb and overhang.
17. The applicant shall dimension the clear walk area, between the back of the easterly light
fixture and the building, adjacent to the south building (SP Sheet 1 of 2) for conformance
with Section 78-506 of the LDR.
The sidewalk exceeds the minimum 5' width, and the light pole will located to maintain a
minimum 5' of clear walkway. A dimension line was omittedpom the plans and will be added
prior to City Council approval.
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Mr. Stephen Mayer June 20,2008
Bright Futures Academy Page 13
18. The applicant shall verify the need per FDOT & ADA to provide truncated dome surface
for the edge of the flush sidewalk in the area including, but not limited to, the north
crosswalk on Riverside Drive, the access area adjacent to the north handicap stall and the
access walks shown from the west building to the parking lot (SP Sheet 1 of 2).
Per ADA - 4.29.5 Detectable Warnings at Hazardous Vehicular Areas. If a walk crosses or
adjoins a vehicular way, and the walking surfaces are not separated by curbs, railings, or
other elements between the pedestrian areas and vehicular areas, the boundary between
the areas shall be defined by a continuous detectable warning which is 36 in (915 mm)
wide, complying with 4.29.2.
The attached plans rejlect the locations and conjgurations of all required FDOT and ADA
detectable warning areas as identiJied by the project engineer. If additional ramps or surface
areas are recommended by the city engineer, please let us know.
19.
20.
The applicant shall provide a detail of the wheel stop, which shall conform to FDOT Index
300 detail for “Concrete Bumper Guard”, with the exception of the height being six (6”)
inches, as specified in Section 78-228 of the LDR.
The attached engineeringplans have been amended to include a wheel stop detail.
The applicant shall provide a dimensioned detail of the 90” and angle, standard and
handicap, parking stall (EP Sheet 2 of 2) for conformance with Section 78-344 of the LDR.
The handicap stall detail shall identify the handicap sign being located behind the
sidewalk, or outside of the vehicle overhang area where sidewalk is not proposed.
The attached engineering plans have been amended to include a typical parking detail, along
with a note regarding the use of angledparking.
21. The applicant shall show, label and dimension the location of the wheel stops on the
standard and handicap parking stall details (EP Sheet 2 of 2). The wheel stop shall be
located to provide the required 2.5’ vehicle overhang for conformance with Section 78-344
of the LDR (EP Sheet 2 of 2).
The wheel stop detail was omitted from the plans attached, but will be included prior to
construction plan approval,
22. The applicant shall revise the typical parking detail (EP Sheet 2 of 2) to indicate that the
vehicle overhang shall be 2.5’ from the face of curb for conformance with Section 78-228
of the LDR. The applicant currently shows a 2.0’ overhang area.
The attached engineeringplans have been amended to include the notation regarding the 2.5’
overhang.
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Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 14
23. The applicant shall modify the note under the handicap sign detail (EP Sheet 2 of 2) to
indicate required compliance with the MUTCD and the City of Palm Beach Gardens LDR.
The attachedplan has been amended as requested.
24. The applicant provided a signed and sealed 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. However,
a. The applicant shall revise the plan to identify the lighting levels for all pedestrian use
areas, as measured at the back of walk. This includes the walk along the southeasterly
parking area, the westerly side of the north building, the patio and concrete areas open
to pedestrian use and the covered walk area of the south building.
Due to the un-certainty of the lighting requirements, the amendedphotometricplan has not been
preparedfor inclusion in this submission. The plan will be amended and submittedprior to City
Council approval.
b. The applicant shall identify (label) the location of the sidewalk areas, which are shown
on the calculation summary table, on the plan view.
Please see note above.
25. The applicant shall identify safe vision triangles at the driveways, on the site plan (SP Sheet
1 of 2) consistent with the landscape plan (LP Sheet 1 of 3), for conformance with Section
78-316 of the LDR.
The attachedplans have been amended to revise the safe vision triangles to conform with PBG
LDR s.
26. The applicant shall revise the plans to reflect the intended design of the project for
conformance with Section 78-46 of the LDR. There appear to be details and specifications
shown on the plan, which do not agree with the project design and therefore will conflict
with the intent of the City’s approval. If the applicant chooses not to remove the details and
notes from the plan, the applicant shall “X” out the non applicable elements.
The site and landscape plans have been amended to remove the details for improvements that
are not being used. The details represented on the engineeringplans are applicable to the
engineering design of this project.
27. The applicant shall provide a note on the plan stating, “Allpavement marking andstriping,
excluding parking stall striping, 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,” for conformance with Section 78-344 of the LDR.
G:Uobs\Bright Futures Academy\CU Application 2008Mpplication InfoWesponse to DRC.061608.wpd
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 15
The applicant is advised that the handicap symbol, for the accessible parking stall, shall
be thermoplastic as indicated by the text “excluding parking stall striuing” (only) in the
above note.
The engineeringplan has been amended to include the requested note.
28. The applicant shall add a note to the plan indicating that ‘~llparkingstallsshall be marked
by double stripes for conformance with Section 78-344 of the LDR”.
In accordance with a conversation and clarification regarding the policy of the use of double
striping, it is our understanding that the 1O’wide spaces will be striped with a single stripe.
29. 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% 7 foot overhang area where wheel stops are notprovided. ” The 2%’ overhang is to
be measured from the face of curb, edge of pavement or two (2’) from the back of wheel
stop as applicable per Sections 78-315 & 78-344 of the LDR.
The attached engineeringplan has been amended to include a notation that the handicap signs
will be placed behind the sidewalks, as requested.
30. The applicant shall provide a note on the engineering 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. ”
Please see the notation under the Handicap Ramp Detail (CR 22) which has been written to
address the request above.
31. The applicant is advised of the following typos on the engineering plan (EP Sheet 2 of 2)
under General Notes;
a. The applicant is advised that the word “be” in the second sentence of note #4 does not
appear to be correct. The applicant shall review and revise the note.
b. The applicant shall remove the reference to “Town of Jupiter” in note #8
c. The applicant shall review the appropriateness of note #9, as written, based on the
intended design for this project.
The plan has been amended as requested.
The anplicant is advised of the following:
Following site plan approval, the applicant shall submit an infrastructure permit with One
(1) full size (24” x 36”) set of construction plans and all applicable calculations and
G UobsBnght Futures Academy\CU Applicat~on 2008Mppl1cat1on Info\Response to DRC 061 608 wpd
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 16
required permits and documentation, construction plan review and approval of the City
Engineer and for conformance with the conditions of approval noted above.
Following construction plan approval and prior to issuance of the first permit for
construction, the applicant shall submit four (4) full sized (24” x 36”) sets of signed and
sealed construction plans as approved. Additionally the applicant shall provide two (2)
signed and sealed 11” x 17” plan set and two (2) PDF copy (CD) of all of the construction
plan sheets. The PDF files shall reflect the 24” x 36” plan size.
The construction plan and electronic copy shall have a note on the cover sheet identifying
it as the final set of “Approved Construction Plan” (or “For Construction”). The final
construction plan set shall include the full engineering plans of all plan sheets as approved,
including but not limited to; paving, grading and drainage plan and detail, sewer and
water plan, profile and detail, horizontal control, pavement marking & signing, erosion
control, boundary and topographic, notes and specifications, design modifications and
substitutions, etc.
The applicant appreciates the advance notijication of the above referenced requirements.
Comments from Bruce Gregg, Seacoast Utilities Authority, dated June 12,2008
1. The applicant needs to address fire flow requirements for the project.
The project does not have a sprinkler system and therefore has been advised by the City Fire
Department that FiFe Flow calculations are not required.
2. The applicant needs to revise the site plan and landscape plans to clearly depict all
existing and proposed water and sewer lines. The applicant is advised that the gravity
sewer line adjacent to Building 10350 was relocated in 2007.
The attachedplans have been amended to include the locations of the existing water and
sewer lines. New lines are not being proposed at this time as the service to the building is
existing.
3. Once detailed water and sewer plans are available we will be able to provide additional
input on this project.
With the exception of raising the cap on the clean-out, modifications to the existing water
and sewer connections are not being proposed as a result of this request.
Comments from Chef AnPela, Interim City Attorney, dated June 15,2008
1. Verify that notice requirements for DRC were met per Sec. 78-54.
It is the applicants understanding that all participants of the DRC have been notlfied.
G:Uobs\Bright Futures Academy\CU Application 2008Mppllcat1on InfoResponse to DRC 061 608.wpd
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 17
2 Verify that BDB letter qualifies as the BDB sanction in lieu of Sec 78-53 TEPP criteria.
It is the applicants understanding that the BDB letter satisjies the requirements of the TEPP
criteria.
3. The applicant tells us that they do not believe there will be any issues relative to traffic
stacking, the need for additional ROW, turn lane, etc. This should be verified. I know
from experience that during student drop-off and pick up, traffic does back up. This
is especially so if there is no significant school bus usage.
Included in the application was a traflc equivalency analysis, prepared by a professional
engineer. This analysis has been reviewed by the city engineer and found to be acceptable.
The site plan has identified andprovided details that rejlect the code required stacking and
parking requirements. It is the applicants understanding that the city engineer, not
withstanding the comments issued that are being addressed by this submittal, has verijied
the satisfaction of the requirements mentioned above.
4. Will there be school bus usage?
The school will have a bus for their use to transport children to andfrom sports activities.
5. Relative to the lease, the lessee is identified on the site plan as “Bright Futures
Academy”. However, the entity that owns/operates the Bright Futures elementary
school is “Bright Futures International, Inc.” and the entity that owns/operates the
middle school is “academy for International Studies, Inc. (All per state records) Who
is the correct lessee?
The Principal of the school has verlJed that the name of the school is currently in process
of changing, and is currently going through all the proper channels for approval. The
correct lessee will be Bright Futures Academy.
6. It is my understanding from our discussion last week that the property owner will have
access to the school building for personal use. The applicant should verify that the
school district is OK with this arrangement (no access to students or student records)
an that students will be safe.
The owner and the owners employees have already been approved and certijied as School
Board vendors, and as such, they have already been finger printed, and certified to be on
school properly. The School Board is aware of the dual use of the facility and have no
objections.
7. Per Sec. 78-159(540, is current course of study approved by FDOE?
Yes. The Bright Futures Charter School is an A rated school, and is highly acclaimed for
the success of their program.
G Uobs\Bnght Futures AcademyCU Application 2008\AppIication InfoWesponse to DRC 061608 wpd
.
Mr. Stephen Mayer
Bright Futures Academy
June 20,2008
Page 18
Should you have any questions regarding the attached materials, or require any additional
information, please let me know.
Sincereh
Principal
Attachments:
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Site Plan, 2 sheets, prepared by Urban Design Studio, dated June 20,2008
Landscape Plan, 3 sheets, prepared by Urban Design Studio, dated June 20,2008
Open Space Plan, 1 sheet, prepared by Urban Design Studio, dated June 20,2008
Open Space electronic files on disk, prepared by Urban Design Studio
Engineering Site Development Plan, 2 sheets, prepared by Simmons and White, dated June 19,2008
Architectural Plans and Life Safety Analysis, 7 sheets, prepared by Edward H. Sheahan, I11
Boundary Survey, 2 sheets, prepared by Wallace Surveying
Solid Waste Authority letter of service availability, dated February 4,2008
Kendall Artusi
Tim Moore
Richard Ekey
Susan Thomas
Rob Rennebaum
Edward Sheahan, I11
G:UobsBrigbt Futures Academy\CU Application 2008V\pplication InfoResponse to DRC.061608.wpd
Date Prepared: June 30, 2008
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RESOLUTION 60,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MAJOR
CONDITIONAL USE OF PUBLIC SCHOOL AND THE
CORRESPONDING SITE PLAN FOR THE APPROXIMATELY 2.0
ACRE PARCEL OF LAND, LOCATED AT 10300 AND 10350
RIVERSIDE DRIVE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO BE REFERRED TO AS THE “BRIGHT FUTURES
ACADEMY”; ALLOWING THE RENOVATION OF TWO EXISTING
STRUCTURES AND IMPROVEMENTS TO THE SITE; PROVIDING
CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City has received Petition CUMJ 08-06-000012 requesting a
major conditional use and site plan approval to allow redevelopment of two existing
structures, as more particularly described herein, to be referred to as “Bright Futures
Academy”; and
WHEREAS, the subject site has a land-use designation of Industrial (I) and a
Light Industrial (MI A) zoning classification with a Conditional Use overlay; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed the application
at a public hearing at its June 24, 2008, meeting and voted 4-3 to recommend its
approval to the City Council; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: June 30, 2008
Resolution 60, 2008
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SECTION 2. Petition CUMJ 08-06-000012 is hereby APPROVED on the following
described real property to allow the redevelopment of two existing structures located at
10300 and 10350 Riverside Drive, subject to the conditions of approval contained herein,
which are in addition to the general requirements otherwise provided by ordinance:
LE GAL D ESC R I PTI 0 N :
PARCEL 1
A PARCEL OF LAND IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT IN THE EAST-WEST QUARTER SECTION LINE OF
SAID SECTION 7, AT A DISTANCE OF 650.13 FEET, EASTERLY FROM,
SECTION CORNER IN THE WEST LINE OF SAID SECTION 7 (FOR CONVENIENCE
DEGREES 57’00 EAST AND ALL OTHER BEARINGS STATED HEREINAFTER ARE
RELATIVE THERETO); THENCE SOUTH 10 DEGREES 33’45” EAST, A DISTANCE
OF 230.43 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 482.28 FEET AND A CENTRAL ANGLE OF 45
DEGREES 32’26”; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE;
THENCE SOUTH 56 DEGREES 06’11” EAST, ALONG THE TANGENT TO SAID
CURVE, A DISTANCE OF 492.66 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1642.34 FEET AND A
CENTRAL ANGLE OF 31 DEGREES 13’26”; THENCE SOUTHEASTERLY, ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 238.99 FEET TO THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE
CONTINUE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE
OF 213.60 FEET; THENCE NORTH 49 DEGREES 16’03” EAST ALONG THE
NORTHEASTERLY EXTENSION OF A RADIAL LINE OF A CURVE, A DISTANCE OF
188.19 FEET; THENCE NORTH 41 DEGREES 26’01” WEST, A DISTANCE OF 239.05
FEET; THENCE SOUTH 41 DEGREES 48’56” WEST ALONG A LINE PARALLEL TO,
AND 12 FEET SOUTHEASTERLY FROM, MEASURED AT RIGHT ANGLES TO, THE
NORTHEASTERLY EXTENSION OF A RADIAL LINE TO SAID CURVE, A DISTANCE
OF 200.61 FEET TO THE POINT OF BEGINNING.
MEASURED ALONG SAID EAST-WEST QUARTER SECTION LINE, THE QUARTER
SAID EAST-WEST QUARTER SECTION LINE IS ASSUMED TO BEAR NORTH 89
SECTION 3. This approval is subject to the following conditions of approval,
which shall be the responsibility of the Applicant, its successors, or assigns:
Planning and Zoning
1. Prior to the issuance of the first Certificate of Occupancy, all on-site lighting shall
be installed, approved by the Police Department, and consist of metal halide or
equivalent lighting for all street and pedestrian walkways. (Planning & Zoning)
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Date Prepared: June 30, 2008
Resolution 60, 2008
Prior to the issuance of the first Certificate of Occupancy for each building, all roof
top mechanical equipment shall be screened from view to the satisfaction of the
Growth Management Department. (Planning & Zoning)
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 a
construction access off of Riverside Drive. (Planning & Zoning)
The Applicant shall submit a tabular summary that includes each tenant and the
square footage for all uses on the site. This summary shall be submitted and
updated each time an interior tenant renovation permit and occupational license
are submitted to the City for review and approval. (Planning & Zoning)
The Applicant shall coordinate and receive approval from the Growth Management
Administrator prior to the closing of any public sidewalk. (Planning and Zoning)
Landscaping
6. Prior to the issuance of the Certificate of Occupancy, the Applicant, successors,
and assigns shall install landscaping and irrigation along the Riverside Drive road
shoulder according to the approved plan. (City Forester)
7. The Applicant, successors, and assigns shall maintain the landscaping and
irrigation along the Riverside Drive road shoulder from the northern property
terminus to the southern property terminus. (City Forester)
8. Prior to the issuance of the Certificate of Occupancy, the Applicant shall preserve
and relocate a minimum of 10 out of the 29 Sabal Palms identified on the
landscape plan as being removed. These 10 may be used on site for the 10 called
for on the plan, or donated to the City to be relocated to a public area at no
expense to the City. This is in addition to the 12 Sabal Palms to be maintained
along the eastern property line. (City Forester)
9. All utilities on site, including SUA valves and FP&L equipment, shall be screened
from public view with landscaping. (City Forester)
Enaineerinq
IO. The Applicant shall copy to the City all permit applications, permits, certifications,
and approvals. (City Engineer)
11. Prior to construction plan approval and the issuance of the first land alteration
permit, 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
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Date Prepared: June 30, 2008
Resolution 60, 2008
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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 building permit. In
accordance with Sections 78-309 and 78-461 of the LDR. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall submit a
unity of title, which shall be approved by the City and recorded. (City Engineer)
Prior to construction plan approval and the issuance of the first land alteration
permit, the Applicant shall provide cost estimates in accordance with LDR Sections
78-309 and 78-461 and 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)
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)
Prior to the issuance of the first land alteration permit, the Applicant shall submit
signed/sealed/dated construction plans (paving/grading/drainage and waterlsewer)
and all pertinent calculations for review and comment. (City Engineer)
Prior to construction plan approval and the issuance of the first land alteration
permit, the Applicant shall schedule a pre-permit meeting with City staff. (City
Engineer)
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)
The Applicant shall notify the City’s Public Works Division at least ten (IO) working
days prior to the commencement of any workkonstruction 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 least five (5) 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 workkonstruction activity
within the public right-of-way and the subject development site. (Public Works)
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Resolution 60, 2008
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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.
The luminaire type should optimize light distribution and minimize glare and up
lighting. (Police Department)
Landscaping shall not obstruct the view from windows or walkways. Ground cover
should not exceed twenty-four (24) inches in height, and high-branched trees
should be trimmed to seven (7) feet. (Police Department)
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. (Police Department)
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The developer/project manager, after site clearing and placement of
construction trailers, shall institute security measures to reduce or eliminate
opportunities for theft. The management plan shall include, but not be limited
to, temporary lighting, security personnel, vehicle barriers, constructionlvisitor
pass, reduce/minimize entry/exit points, encourage subcontractors to secure
machinery and tools at end of work day, and/or any other measure deemed
appropriate to provide a safe and secure working environment.
The security management plan shall be maintained throughout the construction
phase of the project. Noncompliance with the approved plan shall result in a
Stop Work Order for the entire planned unit development.
Prior to the issuance of the first Certificate of Occupancy for the building, all
numerical addresses shall be placed at the front and rear of each 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 door(s) of the building shall have an illuminated six (6) inch number on or
alongside the door. (Police Department)
M isce I laneous
23. Required digital files of the approved plat shall be submitted to the Planning and
Zoning Division prior to the issuance of the first Certificate of Occupancy, 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).
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Resolution 60, 2008
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SECTION 5. This property shall be constructed in compliance with the following
plans on file with the City’s Growth Management Department:
1. Sheets 1 and 2 of 2: Site Plan and Site Details, prepared by Urban Design Studio,
Inc., dated June 30, 2008, and dated and stamped by the Planning and Zoning
Division on June 30, 2008.
2. Sheets 1, 2 and 3 of 3: Landscape Plan, Details and Specifications, prepared by
Urban Design Studio, Inc., dated June 30, 2008, and dated and stamped by the
Planning and Zoning Division on June 30, 2008.
3. Sheets A2 through AI 1 : Architectural Elevations, prepared by Edward H Sheahan,
dated June 11 , 2008, and dated and stamped by the Planning and Zoning Division
on June 20, 2008.
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)
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Resolution 60, 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO &-
G:\attorney-share\RESOLUTlONS\Bright futures - reso 60 2008.doc
7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 3, 2008
Meeting Date: July 17, 2008
Resolution 54,2008
SubjecVAgenda Item: Resolution 54, 2008, adopting a proposed maximum millage rate
for fiscal year 2008/2009 and setting the date, time and place for the first budget
hearing
[X]xcommendation to APPROVE
I ] Recommendation to DENY
Submitted by:
Allan Owens
Finance __
Admi ist or &&--
Approved by: &
Originating Dept.:
Finance L
Advertised:
Date:
Paper:
[XI Not Required
Affected parties:
I”] Notified
[ ] Not required
costs: $0
Total
$0
Current FY
Funding Source:
[ 3 Operating
[ ]Other
Budget Acct.#:
~ ~~
Council Action:
[ ]Approved
[ ]Approved wl
cond it ions
[ 3 Denied
[ ] Continued to:
Attachments:
Resolution 54, 2008
[ ]None
Date Prepared: July 1, 2008
Meeting Date: July 17, 2008
Resolution 54,2008
0 BACKGROUND:
The City is required to file with the County Property Appraiser and Tax Collector a
proposed millage rate that will be sent out on the Notice of Proposed Taxes in
August. With the receipt of the final property values from the Property Appraiser,
the FY 2008109 proposed operating millage rate is 5.200, and debt service is .149,
for a total millage of 5.349. The proposed operating millage of 5.200 is below the
maximum operating millage of 5.4629 that Council could choose to set with a
simple majority vote, as per the recently adopted tax legislation.
Once we have filed a tentative millage with the County, these rates are the
maximum that can be levied. They can be lowered at the budget hearings, but
they cannot be increased.
In addition, we need to notify the County of the date, time and place of the first
public budget hearing. These dates cannot conflict with the scheduled hearings
of the Board of County Commissioners (BCC) and the School Board. We have
been advised by the BCC and School Board of the following dates for their
hearings:
BCC: September 8'h and September 22,2008
School Board: July 30th and September IO, 2008
The regular meeting dates for the City in September are the 4'h and the 18'h;
therefore, these dates do not conflict with either the BCC or School Board meeting
dates.
0 RECOMMENDATION:
Staff recommends the Council set the tentative operating and debt service
millages at 5.200 and .149, respectively, to file as the City's tentative millage rates
with Palm Beach County, and set the date for the first public hearing for the FY
2008109 budget on September 4th, 2008.
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Date Prepared: June 30, 2008
RESOLUTION 54,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ADOPTING A PROPOSED
MAXIMUM MILLAGE RATE FOR THE CITY OF PALM BEACH
GARDENS FOR FISCAL YEAR 2008/2009; SETTING THE DATE,
TIME, AND PLACE OF THE FIRST BUDGET HEARING;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida must
determine a proposed millage rate within 35 days of July 1 as required by Section
200.065, Florida Statutes; and
WHEREAS, the City Council must set the time, date, and place of the first public
hearing on the budget within 35 days of July 1 as required by Section 200.065, Florida
Statutes; and
WHEREAS, the City Council must notify the County Property Appraiser of the
proposed millage rate and the time, date, and place of the first public hearing on the
Fiscal Year 2008/2009 Budget within 35 days of July 1 , 2008; and
WHEREAS, the City Council has deemed the 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 Fiscal Year 2008/2009 proposed operating millage rate is
5.200 mills.
SECTION 3. The Fiscal Year 2008/2009 proposed debt service millage rate is
.I49 mills.
SECTION 4. The first public hearing on the Fiscal Year 2008/2009 Budget shall
be at 7:OO p.m. on September 4, 2008, in the City of Palm Beach Gardens Council
Chambers.
SECTION 5. This Resolution shall become effective immediately upon adoption.
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Date Prepared: June 30, 2008
Resolution 54, 2008
PASSED AND ADOPTED this day of ,2008.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY:
Eric Jablin, Mayor
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR LEVY
---
---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO - -
G:\attorney-share\RESOLUTlONS\tentative millage rate - reso 54 2008.doc
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 25,2008
Meeting Date: July 17, 2008
Resolution: 57, 2008
SubjecVAgenda Item:
Award a contract award to Signal Group, Inc., for traffic signal improvements at Kyoto
Gardens Drive and Lake Victoria Gardens Drive in the amount of $226,812.80, via an
existing contract with St. Lucie County (No. 07-059).
[XI Recommendation to APPROVE I ] Recommendation to DENY
Reviewed by:
Finance A&trator
Department Administrator
App*
City Mdnadr
Originating Dept.:
Jennifer Gorman f
Coordinator
Community Services
Advertised: NIA
Date:
Paper:
[ X ] Not Required
Affected parties
+X-pGGz’-
[ ] Not required
Costs: $226,812.80
(Total)
Current FY: $226,812.80
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
PUBO103.30.05
305.0900.541.6900
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Construction Plans
0 Resolution 57, 2008
o Exhibit A:
Agreement
St Lucie County
Contract
Proposal
[ ]None
Date Prepared: June 25, 2008
Meeting Date: July 17, 2008
Resolution: 57,2008
BACKGROUND:
A warrant study has determined that a traffic signal at the intersection of Kyoto
Gardens Drive and Lake Victoria Gardens Drive is needed. Funding for this
project is provided by Road Impact fees via Ordinance 33, 2007.
The most cost effective and timely approach to construction of this signal would
be to utilize an existing contract that was competitively bid by St. Lucie County
(Bid No. 07-059). This approach will allow for timely ordering and delivering of
the mast arms as well as provide an economical price.
If approved, this project will commence in November 2008 and will be complete
by the end of January 2009.
STAFF RECOMMENDATION:
Approve Resolution 57, 2008 as presented.
CITY OF PALM BEACH GARDENS
CONSTRUCTION PLANS AND SPECIFICATIONS
TRAFFIC SIGNALS
KYOTO GARDENS DRIVE AND LAKE VICTORIA GARDENS DRIVE
TS # 14371
FOR
PALM BEACH COUNTY, FLORIDA
GWERNING STANDARDS & SPECIFICATKWS:
FLORIDA DEPMTNENT OF TRANSPMITAT~N.
DESffiN STANDARDS DATED JbNUb87
AND STANDARD SPECIFICATKWS FOR Ro*D
AND @RIDGE CVNSTRKTION DATED m. 45 WENDED By CUNTRACT MCUYENTS. AND
PAW BEACH COUNT7 TRAFFIC ENGINEERIW
STANDARDS.
NUNTUNING AGENCY IS
TRSFIC EWINEERING.
PAW COuNn
. --
3550 S.W. Corporate Parkway. Palm City. Florida 34990
(772) 286-3883 Fax: (772) 286-3925 BPR & FEPE License No: 2005 www.boyleenginecring.com
INDEX OF LIGHTING PLANS
SHEET TITLE/ DESCRIPTION SHEET
NUMBER
1 COVER
2 SUMMARY OF QUANTITIES
3 GENERAL NOTES AND SPECIFICATIONS
4
5 STRIPING PLAN
6 INTERSECTION MODIFICATION PLAN
7 MAST ARM DATA
6 ITS CONDUIT AND PULL BOXES
SIGNAL PLAN
N,A Palm Beach County ITS Drawing T-14
(2 Sheets)
6ta SUBMITTAL
CONSTRUCTION PLANS
June 26, 2008
SUMMARY OF QUANTITIES ITEM NO. DESCRIPTION UNIT PLAN FINAL 101-1 MOBILIZATION LS 1 LS 1 102-1 MAINTENANCE OF TRAFFIC PAY ITEM FOOTNOTES
.. .. .. , . ,
711-11-170 THERMOPLASTIC (STANDARD) (WHITE) (ARROWS) EA EA9
711-1 1-251 THERMOPLASTIC (STANDARD) (WHITE) (DOTTED GUIDELINE) (8") LF 94
711-17 THERMOPLASTIC (REMOVE) SF 69
7m+i2 ITS CONDUIT (F a I) (UNDERGOROUND) LF 1354
783-51A EA2
783-518 EA1
ITS PULL BOX FOR FIBER OPTIC (FU) - PBC TRAFFIC PIP (17" X 30" X 12")
ITS PULL BOX FOR FIBER OPTIC IFBI) - PBC TRAFIC LARGE 130" X 48" X 247
630-1-12 13 CONDUIT: (FOR SIGNALS AND INTERCONNECT) MEASURED FROM CENTER TO CENTER OF PULL
BOXES. ADDlTlONAL LENGTH REQUIRED TO COMPLETE THE WORK SHALL BE INCLUDED IN THE
CONDUIT PRICE.
'FURNISH k INSTAU' FOR UNDERGROUND CONDUIT SHALL INCLUDE TRENCHING, INSTALUTIDN. AND
SITE RESTORATION ACCORDING TO FDOT SPECIFICATIONS. SPARE CONDUIT SHALL INCLUDE FISH
WIRE.
632-7-1
635-1-11
639-2-1
641-41-1 12
649 SERIES
670-5-110
703-4-12
703-5- 1 X
SIGNAL CABLE: SHALL ALSO INCLUDE PEDESTRUN SIGNAL AND DDECTOR CABLE PER PBCTED
PEDESTRIAN SIGNAL DETAIL. DRAWING T-5.
PULL BOX PULL BOXES AND COVERS SHALL BE FWT APPROVED NON-METALLIC CONSTRUCTION
WITH RECESSED LOGO ?RAFFIC SIGNALS" INCLUDES ALL HARDWARE NECESSARY FOR A COMPLETE
INSTALUTION. INCLUDES GROUNDING.
ELECTRIC POWER SERVICE: INCLUDES SERVICE AND GROUNDING PER FWT SECTION 620. USING
FDOT STANDARD INDEX 17736. MEET PALM BEACH COUNTY STANDARDS. INCLUDES COORDINATION
WITH POWER COMPANY FOR SERVICE CONNECTION. INCLUDES UNDERGROUND CONNECTION EOUIPMENT
(EXCEPT SERVICE WIRE),
12' CONCRETE POLE PER PALM BEACH COUNTY STANDARDS. INSTALL DISCONNECT AT MIN. a' ABOVE
GROUND.
MAST ARM POLE ASSEMBLY AND FOUNDATION: THE MAST ARM/POLE ASSEMBLY LOCATION SHALL BE
FIELD VERIFIED AND IDENTIFIED AS FREE OF CONFLICTS AND/OR OBJECTS BY THE CONTRACTOR PRIOR
10 PROCUREMENT OF THE ASSOCUTED MAST ARM/POLE ASSEMBLY.
TRAFFIC SIGNAL CONTROLLER INCLUDES ALL COSTS TO FURNISH & INSTALL CONTROLLER. SEE PALM
BEACH COUNR SPECIFICATIONS FOR CONTROUER SPECIFICATIONS.
ITS CONDUm WC / HDPE - INCLUDES EXCAVATION & RESTORATION AS NEEDED TO INSTALL A5
WITH PAY ITEM 555-1-2. ALL CONSTRUCTION AND MATERIALS SHML COMPLY WITH PALM BEACH
COUNTY STANDARDS. USE PALM BEACH COUNTY DETAIL DRAWING 1-14 FOR INSTALLATION OF ITS
CONDUIT AND PULL BOXES.
SHOWN (INC~UDING UNDER SIDEWALKS) ON SHEET E. DIRECTIONAL DRILL FOR mis RUN IS INCLUDED
ITS PULL BOX: INCLUDES SAW CUT AND
ON SHEn 8. ALL CONSTRUCTION AND
STANDARDS. USE PALM BEACH COUNTl
PULL BOXES.
RESTORATION AS
' MATERIALS DETAIL ORAWING SHALL NEEDED TO INSTALL PULL BOXES AS SHOWN
COMPLY WITH PALM BEACH COUNR
1-14 FOR INSTALLATION OF ITS CONDUIT AND
SIGNA1 VATION NOTFS AND SPFClFlCATlONS 1. GENERMOESCRlPTlONORK 11. ALL PEDESTRM SIGNALS EPUIPMENT AND INSTALLATION SW CONFORM TO FWT SPECIFIUTION SECTION 653 (PEDESTRUN SIGNAL NSEMBLIES) AND SHALL BE LED ONE-SECTION. INfERNATIONU SYMBOL WITH .PAND/MAN' SIDE 0Y SIDE AND COUNTOOWN WE. THE CONTRACTOR SHALL FURNISH ALL MOR. WTERULS. AND EPUIPMENT TO W THE WORK, PROVlDE A BUCKET TRUCK FOR TESTING AND INSPECTION Of TRAFFIC SIGNMS 81 INSPECTION PERSONNEL INCLUDING THE FINAL INSPECTION. THE CONTRACTOR SHALL MSO 2. - ALL WTERULS AN0 CONSTRUCTION WITHIN THE PUBLIC RIGHT-OF-WAY SW CONFORM TO THE UTEST EDlTlON (AND SUPPLEMENTS THERETO) OF:
A. FDOT DESIGN STANDARDS 2006
8. mor STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (2004)
E. PALM Bmcn COUNTY TRAFFIC SIGNAL TIPIULS AND SPECIFICATIONS.
C. NATIONAL ELECTRIC CODE (NEC)
D. WNUAL OF UNIFORM TRAFFIC CONTROL DMCES (U. 5. DEPT. OF TRANSPORTATION FHWA)
3. -
THE WINTENANCE OF TRAFFIC PUN (MOT) SCULL BE IN ACCORDANCE wrn THE APPLICABLE mol INDEX NUMBERS (600
SERIES). THE WNUM ON UNIFORM TRAFFIC CONTROL DMCES FOR STREETS AND HIGHWAYS (U. S. DEPARTMENT OF
TRANSPORTATION. FHWA). AND PALM BEACH COUNTY TRAFFIC ENGINEERING.
THE MOT REPUIREMENTS OF THIS PROJECT. THE CONTRACTOR SHALL SUBMIT A MOT FOR ENGINEER'S APPRWM PRIOR TO THE WORK BEING PERFORMED. SEE GENERAL NOTES SHEET FOR ADDITIONAL MOT REPUIREMENTS.
IF THE STANDARD INDEX MPIULS DO NOT APPLY TO
THE SIGNU WNTAINING AGENCY IS PALM BEACH COUNTY mmc ENGINEERING.
4. -
CONTRDUER SWLL BE WITEC TIPE 5. PER CURRENT PMM BEACH COUNTY STANDARDS. THE UBWET SW INCLUDE:
1 - MU N WE I REcwwl. UBwn rnUEiY
1 - Nmk OM lS2 1Ip( 2 S.coM01y Catdbr w/ EL-I
1 - P-44 C0M.I Mumbty rrp-a Sk.
1 - NaZl.0 nl uw wd* 516 "/ 9lld Port
4 - mztu m BIU w.1 IY)
16 - NEW Ld Srltch... I NEW Flhr, I m.h 1ron.l~ 1144. 1 - l"ml"a1.. In(.rfoc. 0" Powr POI*(
1 - k0ll.c N cob.?., Pa., suppv 2 - 18 clmnrul D.t.ctw Rock
1 - 2 CMC. optrom Rock * Fwd Pon,
I - 32 LOOP Dnrt.3, P-l I/ 32 SPA-6LC Burp. Irmsion I - s.1 of mi sP.c M n.*.ton rw ~acc Ponl
1 - Ball Barlnp Fa*. Dro...
1 - rn.m.td contro(*d F~~ 1 - CPS -"I.
1 - Ha&M Elh.m( Switch 1 - nt., PdCh PW.l
16 - NOZIW m DUO^ mnlni MUIW ~0- ./ nminp OM,
ML RELAYS IN MINEE SHAU BE SOCKET-MOUNTED.
INITIAL SIGNAL TIMING WY BE MODIFIED BY PALM Bwn COUNTY
5. -
VEHICLE DETECTION SW BE COMPLETE AND OPERATING. PROWDING VEHICLE DETECTION OUTPUTS COMPATIBLE WW THE
SPECIFIED SIGNAL CONTROLLER. VEHICLE LOOP DETECTORS (PIPE F) SMLL BE 6' X 26' PER PUN. INSTALLED ACCOROING TO PALM BEACH COUNV STANOARCIS FOR INDUCM LOOP DETECTORS.
6- ALL W ARM ASSEMBLY INSTUTIONS SHAU BE CONSTRUCTED AND INSTALLED ACCOROING TO FDOT SPECIFICATIONS SECTION
455 (STRUCTURES FOUNDATIONS) AND SECTION 649 (STEEL STRAIN POLES. STEEL MAST ARM. AND MONOTUBE ASSEMBUES) AND
HAM THE COLOR OF VERDE GREEN.'
MElHOD. THE PAINT APPLIUTION SHALL BE APPLIED WITH A 'POWDER COAT WER GALVANIZING'
ALL MAST ARM POLES SHALL MM A PO-POSITION TERMINU STRIP COMPARTMENT AT THE WE WTH AN ELONGATED HANDHOLE.
TERMINAL STRIPS. SCRM. AND ASSOCIATED MDWARE SW BE STAINLESS STEEL.
7. -
TRAFFIC SIGNAL MATERULS AND INSTUTION SHALL MEET FWT SPECIFICATION SECTION 654 (VEHICULAR SIGNAL ASSEMBLIES).
TWFIC SIGNALS SHALL BE EAGLE BRANO 'ALUMINUM' MPE WITH 12' LED INDICATORS IN ALL COLORS.
8. U THE CONTRACTOR SHALL WARRANT THE ENTIRE SIGNAL INSTALLATION DURING CONSTRUCTON AND FOR A 'BURN-IN'PERIOD OF 60 CONSECUTNE DAYS FROM THE DATE OF ACTNATION. ANY MUNCTION WILL INITUTE A NEW 'BURN-IKPERIOD.
9. lNTrRCONNECT
WC / HOPE CONDUlT SHALL BE INSTALLED WITH PULL BOXES M SHOWN ON SHEET 8. ALL INTERCONNECT CONSTRUCTION SCULL BE ACCOMPLIWEO ACCORDING TO PMM Bwn coum DETAIL DRAWING 1-14. AND SHALL MEET PALM Bwn COUNTY STWDARDS
10.
INITIAL OPERATION SHALL BE FLASHING OPERATION.
TWO WEEKS PRIOR, AN0 TWO WEEKS AFTER SIGNAL ACTNATION ON +ll APPROACHES.
PIUSEO TIMING ACTNATION WILL BE SCHEDULED BY PALM BEACH COUNTY
AT wnicn TIME VARUBLE MESYGE SIGNS SWLL BE PROVIDED BY THE CITT OF PAW BEACH GARDENS (AT THE CIWS COST)
PEOESTRUN DETECTORS AND PEDESTALS INCLUDE THE COST OF PEDESTRUN DETECTOR SIGNS AND INSTNLATION MDWARE PEDESTRUN SIGNAL PEDESTALS SHAU HAVE TRWSFORMER WES. 12. cQwt!u ~~ TRAFFIC SIGNAL CONDUIT SHALL-BE INSTALLED ACCORDING TO fWT SPECIFIUTION SECTION 630 AND FOOT INDEX 17721, *CONDUlT INSTALIATION DETAILS SCHEDULE 40 RIG10 GMV STEEL ABOM GROUND (SEE PAY ITEM FOOTNOTES). (4 RUNS UNDER RUADWAY) CONDUlT INSTALLED FOR SlGNNlUTION SHALL BE 2' SCHEDULE 40 WC UNDERGROUND. AND
CONDUIT # 1: SIGNAL UBLE
CONDUlT # 2 POWER
CONDUIT # 3 LOOP LEAD-IN
CONDUIT y 1: SPARE (INCLUDES nsn WIRE)
CONDUlT SHOWN ON PLAN IS REPRESENTED SCHE!JATIUUY. CONTRACTOR WY LOCATE PULL BOXES AND CONDUlT As
REPUIRED TO AMID EXISTING AN0 PROPOSED UTILITIES. OR TO REWIN WITHIN THE RIGHT-OF-WAY, AT NO ADDITIONU COST.
ALL CONOUlT SHALL BE CONSTRUCTED WITHIN THE RMDWAY RIGHT-OF-WAY,
PULL BOXES AND COVERS SHALL BE FOOT APPROVED NON-MET*LLIC CONSTRUCTION WITH RECESSED LOGO 'TRAFFIC SIGNALS'
AN0 SHALL INCLUDE THE COST OF ALL HARDWARE NECESYRY FOR A COMPLETE INSTALUTION
PULL BOXES SHML BE CONSTRUCTED AWAY FROM PEDESTRUN AREA.
PULL BOXES FOR INTERCONNECT SHALL BE NO GREATER THAN 300' APART.
14.
AU PAVEMENT MARKINGS SHALL BE THERMOPUmC AND SCULL CONFORM WITH FWT SPECIFIUTIONS SECTION 711
(THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS).
LEADED MATERUL ONLY. MINIMUM THICKNESS SHALL BE 9D MILS (UKYD ONLY). EXTRUMD ONLY,
ALL PAVEMENT MARKINGS SHALL HAM REFLECTMPI Of NOT LESS TW 350 MINIMOLES AT INSTMUTION. REMOM OR
RELOCATE ALL EYISTING SIGNS AND PAMMENT MARKINGS THIl ARE IN CONfUCT WITH THE PROPOSED SCHEME.
15. YIILIIIES
THE LOUTION OF THE UTILITIES IN PUNS IS APPROYIWTE. THE CONTPACTOR SWLL FIELD VERlM THE LOCATION OF UTIUTIES
PRIOR TO CONSTRUCTION.
16. NOTlFlUTlON
THE CONTRACTOR snu NOTW THE PALM BEACH COUNM TRAFFIC ENGINEERING ONISION (PBCTED) AT LWT 48 noms
BEFORE AM EXUVATION TO DETERMINE THE LOUTION OF THE EXISTING TRAFFIC SIGNAL INTERCONNECT UBLE.
THE CONTRACTOR SHALL NOTIM PBCTED AT LEAST FORTI-EIGHT (46) HOURS IN ADVANCE OF ANY WORK TO BE URRIED OUT AT ANY SIGNAL REUTED INSTALLATION. INCLUDING THE SIGNAL WORK IN MIS PROJECT.
THE CONTRACTOR sw NOTIFY EACH UTILITT COMPANY AT LEAST Fom-EiGnT (48) Houri IN *WANCE OF ANY EXUVATIW INVOLWNG ITS UTILITIES SO THAT A COMPAW REPRESENTAM UN HAM THE OPWRTUNrlY TO BE PRESENT DURING
CONSTRUCTION.
CONTRACTOR SHALL REPUEST SIGNAL INSPECTION IN WRITING FNE DAYS IN ADVANCE OF THE REOUESTED IHSPECnaN TIME.
UTlLlpl COMPANIES:
FLORIDA POWER & uGw PAW mcn COUNTY TFAFFIC DNISION
CALL 48 HOURS BEFORE TRACY STERN: (366) 254-2453 GlRl JEEOIGINTA (561) 684-4030
COMUST UBLE COMMUNIUTIONS
DONALD C. STEPHENS: (561)227-3492
OR (561)718-4614
AT&T FLORIDA TELECOMMUNICATIONS
ROBERT LOWEN (561)439-9061
PEOPLES W
JORGE BOUz*: (561) 741-4709
YOU DIG IN FLORIDA
THOMAS E. SKORUI JR. (FOR DEAN ALEXANDER):
PALM eucn COUNTY COMUUNIUTION m
JASON noEL
PROGRESS TELECOM
RICMD SHIELDS: (727)471-5336
SEACOAST UTIUN AUTHORITI
(561)627-2900 "462
(561)684-4030
17. sJRMlmu
CONTRACTOR SHALL SUBMIT snap DRAWINGS FOR ALL SICNU EOUIPMENT FOR ENGINEER'S ACCEPTANCE PRIOR TO ANY
EOUIPMENT PURCHASE.
CONTRACTOR SHALL PROVIDE BORE LOG TO PALM BEACH COUNTY.
CONTWTOR SHALL PRWOE SHOP DRAWINGS wo N-BUILT PLANS TO PALM Bwn COUNTY PRIOR TO SIGNAL ACTNATION.
PALM BEACH COUNTY
ENGINEER SCULL PROWDE WITH TWO APPROMD SIGNED AND SEALED PUNS AND AN ELECTRONIC COpl OF THE DESIGN FILE TO
IlB f 1
0 40''
Scale: 1" = 40'
Finis? ,, , LcL, , ,,Base Surface Course 1
MATERIALS
PROVlDE 'J' HWK WD UBLE GRIP FOR SIGNAL UBLE SUPPORT LUMINAIRE (PER FOOT INDEX 17745) PALM BEACH COUNTY REQUIRES 200 WAll HPS COBRA LUMINAIRE TYPE 3. SEMI-CUTOFF WITH PHOTOCELL. LUMINAIRE MOUNTING HEIGHT I 40'
I.D.
- - .lA g,",&ws",k: Q 8 Q WITH UFEM CWlN ATTACHED I SA%
SEE PLAN SHEET FOR
SIGN DETAILS. -
I I I
PED SIG$$AsT' DISTANCE FROM POLE (FT.) TOP OF
ON EL,
LOCATION FOUNDAT1 ARM 'IGNAL SIGNAL 'OLE
NO. EL. V/H Y/N TYPE INTERSECTION
1.2.3'4.
2 1 SIGN DIST. 'FROM POLE - I-----+ -
A1
A3
A4
TOTAL ARM LENGTH
,,--CROWN ELEVATION
I
NE CORNER 15.9 1 16.4 V Y S22 CUM 28.0 3 39.0 3 10 46
LAKE VICTORIA SE CORNER 17.0 1 16.8 V Y 523 LUM 27.8 3 42.3 3 52.3 3 20 60
KYOTO GARDENS DR. SW CORNER 17.1 1 16.5 V Y S22 LUM 20.2 3 35.7 3 10 46
NW CORNER 17.1 1 16.9 V Y 523 LUM 30.0 3 43.8 3 57 3 15 60
GARDENS DR. AT .
/ STEEL MONOTUBE POLE
MAST ARM I
ELEVATION VIEW
ALL DISTANCES ARE IN FEET DENOTES NUMBER OF SECTIONS
IN SIGNAL HEAD ASSEMBLY
HEIGHT
:ARM M.H.)
-
GRADE
TOP OF FOUNDATION ELNATION
LUMINAIRE
ARM Mt$T- c&GkE..I ORIENTATION '1
TYPE ING HEIGHT F3
- 103' VERDE GREEN
90' VERDE GREEN -
D3 21
D5 20.3
90' VERDE GREEN
54' VERDE GREEN
D3 19.9 -
05 20.3 -
0 Scale 1” = 60’
LER AND
<ES
T
FIC (ITS)
BOX
” x 12”)
A TYPICAL PUL BOX€ (17X3OXlZ" DEEP) WALL BE INSTALLED AT RUS OR WUS 500' INTERVALS.
l3OX4BX24" DEEP1 SHALL BE INSTALLED AT 2WO INTERVALS bN0 NEAR EACH 1RbFFlC SIGNAL CONTROLLER CWET. OR AS INDICATED ON THE PLM.
A LARGE PULL BOX
AT THESE L0CATIO)JS. THE LARGE PUL BOX TWES THE PLACE OF THE TYPCAL PUL BOX.
4.. 4- w4. u4 WLKO WIt RCWo(cLVCN1 TM
Y CNUX WRC IN M
ON NL LUC N 1K OllcI
PULL BOX END VIEW PULL BOX SIDE VIEW
LARGE 30" X 4Lp' X 24'' DEEP PULL BOX
PkM BEACH COUNTY, FLDWA
TRAFFY: MVISION
LMELS HE SUPICm EY 17w BELVEDEFZ RO mLm w TYPICAL : THREE - TWO INCH CONDUITS PUY coolrr rnlcric IYE wrr w. 61 usru A nom YWER AT ivzw orm PULL BOX W No1 MINL ROUTE VWERS WIE 1Ic PUL lOXES HE N A ORASS HEh FOR PIAL BOXLS W A YOLYUK.
6" BEYDM WLL BOX %AIM WI(1L N Mlr Or 1K
A NYLON PUL LINE m TK uinins. u" 8co a PCA moo( on CRVYlEO STON EXlWS - 6" BEYONO PUL BOX
A TYPICAL PULL BOX€ lli'X3OXlZ" DEEP) SHALL BE INSTALLED AT PLUS OR MINUS 500 INTERVALS. A LARGE PULL BOX
lSOX48X24" DEEP1 SHALL BE INSTALLED AT 2000' INTERVALS AN0 NEAR EACH TRIFFIC SIGNU CONTROLLER CABINET
OR AS INDICATEO ON THE PLANS. AT THESE LOCATIONS. THE LARGE PULL BOX TAKES THE PLACE OF THE TYPICAL'PULL BOX.
4- . 4" w4 I m4
WLDLO wm REWmCYENr FMRlC
WLXR YOEWBK CoHxll DEPTH .W WHES YH
PULL BOX EN0 VIEW PULL BOX SIDE VIEW
!,"ICE 30 X 48" X 24" DEEP PULL BOX
ROIDWAY PLAN
6- SlFEL WO 17.8' PUT llf CENlER Cf
THE RNROM TRIMS- 17.5' I-
I
reo OiOREES SlyoIRo SWEP 11.5 IW RmUS ELECrRCU CRME CNCUl VNDER RALROAD TRACKS
NOTES:
.I I**U T-14 (21 I I-. I P Y lux,, ... \T-14 (3) V8 11-22-04.dgn 8/30/2005 3:35:27 PM
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RESOLUTION 57,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A CONTRACT AWARD
TO SIGNAL GROUP, INC. FOR TRAFFIC SIGNAL IMPROVEMENTS
AT KYOTO GARDENS DRIVE AND LAKE VICTORIA GARDENS
DRIVE IN AN AMOUNT OF $226,812.80 VIA AN EXISTING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
AGREEMENT WITH ST. LUCIE COUNTY (NO. 07-059); PROVIDING
WHEREAS, the City desires to have installed a traffic signal at Kyoto Gardens
Drive and Lake Victoria Gardens Drive; and
WHEREAS, the City has received a quote from Signal Group, Inc. in the amount
of $226,812.80 for such improvements; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback” an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interest of the citizens and residents of the City of Palm Beach Gardens to
award a contract to Signal Group, Inc. based on an existing agreement with the St.
Lucie County, Bid No. 07-059; and
D
WHEREAS, an agreement for traffic signal improvements has been prepared
and is attached hereto as Exhibit “A; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves an agreement for the purchase
and installation of traffic signal improvements in the amount of $226,812.80 to Signal
Group, Inc. The City Council further authorizes the City Manager to take all actions
necessary to ensure that the project is completed in a timely manner, including, but not
limited to, change order approvals.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: June 20, 2008
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Date Prepared: June 20, 2008
PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORMmD
VOTE: AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
G:\attorney-share\RESOLUTlONS\traffic signal - Kyoto Lake Victoria - reso 57 2008.docx
Date Prepared: June 20, 2008
Resolution 57, 2008
EXHIBIT “A”
PIGGYBACK AGREEMENT
THIS AGREEMENT made this day of , 2008, by
and between the CITY OF PALM BEACH GARDENS, a municipal corporation
(hereinafter referred to as ‘City”), whose address is 10500 North Military Trail, Palm
Beach Gardens, Florida 3341 0, and THE SIGNAL GROUP, INC., (hereinafter referred
to as “Contractor”), whose address is 33 Commerce Way, Jupiter, Florida 33458.
WHEREAS, the City is desirous of piggybacking a contract, attached hereto as
Exhibit “A, between St. Lucie County, Florida and the Contractor for a term contract for
Bid No. 07-059 entitled Signal Maintenance and Master Construction Contract, St. Lucie
County Road 2% Bridge Department. The term Contract is dated June 26, 2007
(hereinafter referred to as “County Agreement”); and
WHEREAS, the Contractor is desirous of having the City piggyback onto the
County Agreement pursuant to the terms and conditions therein and as modified by
such terms and conditions more particularly provided for below, and the parties hereto
understand that Florida law shall control as it relates to any conflicts of law between the
County Agreement and this Agreement, but as to any conflict, this Agreement shall
control.
NOW, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration of which the parties hereto acknowledge, the
parties agree as follows:
1. The above recitals are true and correct and are incorporated herein by
reference.
2. The Contractor shall provide to the City certain contract services, goods,
products and work for Signal Maintenance and Construction as found in the
County Agreement. The pricing for such services andlor materials and
supplies shall be the same as the County Agreement.
3. The contract amount that the City is permitted to spend in connection with
the County Agreement and this Agreement with the Contractor is delineated
on Exhibit “B,” attached hereto and by this reference incorporated herein; if
no Exhibit “B”, then in accordance with the City’s budget for the same, as
amended from time to time. The parties hereto understand that the City has
budgeted for the amount of said projects. Nothing herein, however, shall
prevent the City from seeking a budget amendment should it require
additional sums of money for its projects due to change orders approved in
writing by the City. All purchases pursuant to this Agreement shall be done
in accordance with the City’s Purchasing and Procurement Manuals and
procedures. All purchases shall be evidenced by such approved purchase
orders.
4. The Contractor shall provide to the City all services, goods, work, and
products pursuant to the County Agreement and this Agreement. All prices
for the items and work herein and in the County Agreement shall be in
accordance with the County Agreement and any discount prices provided
for therein. All purchases shall be evidenced by a purchase order from the
City. The parties hereto understand that payment and performance bonds
may be needed from the Contractor for projects in accordance with Section
255.05, Florida Statutes, and the City’s Purchasing and Procurement
Manual, policies and procedures, and state law. The Contractor agrees not
to perform any work without the bonds required and insurance required by
the City.
5. The Contractor shall maintain general liability insurance, workers’
compensation insurance, business automobile liability insurance (owned
vehicles and non-owned vehicles), builders risk insurance, products
completed insurance, and other such insurance requested by City’s
Department of Risk Management and with such limits and deductibles as
the City deems necessary as it relates to this Agreement. Prior to
commencing any work required hereunder, the Contractor shall provide to
the City such insurance coverage that the City has requested and naming
the City as an additional insured with thirty (30) days’ notice of cancellation
of required coverage(s) hereunder.
6. The City may require the Contractor to provide payment and performance
bonds for such work that it performs pursuant to this Agreement and the
County Agreement. Any work exceeding Fifty Thousand Dollars
($50,000.00) shall require such Bonds. Should the City require such bonds,
it shall notify the Contractor, unless otherwise provided above, prior to
commencement of any work required herein, and no work shall commence
until the City has received and approved such bonds. The amount of such
bonds and form of such bonds shall be determined by the City and shall be
in conformance with all applicable Florida laws, including, but not limited to,
Section 255.05, Florida Statutes. All bonds shall be for 100% of the value of
the work and materials.
7. The Contractor agrees, warrants, covenants, and represents that all
products, goods, services, and work that it shall perform pursuant to this
Agreement and the County Agreement as it relates to the City, including any
work done by its subcontractors or at its direction, shall be free from all
defects and done in a workmanlike manner. The Contractor warrants the
merchantability and fitness of the services, goods, products, and work as
contemplated in this Agreement and the County Agreement as it relates to
City’s intended use. The Contractor agrees to warrant the services, goods,
products and work for a period of one year from the date of acceptance of
the same by the City or for such warranty period as provided in the County
Agreement, whichever is greater. The Contractor shall, prior to any
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payments being made pursuant to this Agreement, provide release of liens
in such form and such amount as the City specifies in approved draw
schedule(s). All lien releases shall conform with the Florida Mechanic’s Lien
Law F.S. 713.01 et. seq. and F.S. 255.01 et. seq. Further, upon completion
of the work by the Contractor, the Contractor shall provide the City with a
Contractor’s Final Affidavit pursuant to the statutes referenced above and
Florida Law and as reasonably determined by the City, together with final
lien releases from all parties working for or under the Contractor regardless
of privity.
The Contractor agrees to supply the City with adequate personnel to
provide timely completion of all projects and support contemplated by this
Agreement and the County Agreement as it relates to the City. The parties
hereto understand that time is of the essence. The Contractor agrees to
complete the work within the time provided in accordance with its notice to
proceed issued by the City. If the Contractor fails to timely complete such
work within the time provided, such failure shall be cause for default, and
the City may seek all damages in law and/or equity. The Contractor agrees
to designate Amanda Reed as the Contractor’s project representative to the
CITY in connection with this Agreement. The City agrees to designate Todd
Engle, P.E. as its project representative pursuant to this Agreement. The
parties hereto reserve the right to change project representatives on an as-
needed basis.
9. The Contractor agrees to indemnify and hold harmless the City, its officers,
and employees from any and all liabilities, damages, losses, suits, actions,
claims, and/or matters, including costs and reasonable attorney’s fees, to
the extent caused by the negligence, gross negligence, or intentionally
wrongful conduct of the Contractor and any other persons or entities
employed or utilized by the Contractor in performance of this Agreement
and the County Agreement as it relates to the City. In addition, the parties
hereto agree that 1% of the total compensation to be paid to the Contractor
for performance of this Agreement shall represent the specific consideration
for the Contractor’s indemnification of the City as set forth in this section of
this Agreement. To the fullest extent permitted by laws and regulations, the
Contractor shall indemnify and hold the City and their consultants, agents,
and employees harmless from and against all claims, damages, losses and
expenses, direct, indirect, or consequential (including, but not limited to,
fees and charges of attorneys and other professionals and court costs)
arising out of or resulting from the performance of the work, provided that
any such claims, damage, loss, or expense (a) is attributable to bodily
injury, sickness, disease, or death, or to injury to or destruction of tangible
property, including the loss of use resulting there from; and (b) caused in
whole or in part by any willful or negligent or gross negligent act or omission
of the Contractor, any subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the work or
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anyone for whose acts any of them may be liable, regardless of whether or
not it is caused in part by a party indemnified hereunder or arises by or is
imposed by law and regulation regardless of the negligence of any such
party. To the extent permitted by law, in any and all claims against the City
or any of its consultants, agents, or employees by any employee of the
Contractor, any subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the work or
anyone for whose acts any of them may be liable, the indemnification
obligation herein shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for the
Contractor or any such subcontractor or other person or organization under
workers or workman’s compensation acts, disability benefits acts, or other
employee benefits acts. It is the specific intent of the parties hereto that the
foregoing indemnification complies with and is subject to Section 725.06,
Florida Statutes, if applicable. The indemnification herein is limited to the
greater of Contractor’s insurance coverage or Five Million Dollars
($5,000,000.00), whichever is greater. Further, the indemnification herein
covers any action arising out of contract as well as tort.
IO. In performance of its obligations hereunder, the contractor agrees to
comply with all applicable laws, rules, regulations, orders, codes,
ordinances, criteria, and standards, whether state, federal, or local.
11. The City reserves the right in its sole discretion to accept the use of a
subcontractor or to reject the selection of a particular subcontractor. If a
subcontractor fails to perform as determined by the City in accordance with
this Agreement and it is necessary to replace the subcontractor in order to
provide services as required, the Contractor shall promptly do so, subject to
acceptance of the new subcontractor by the City.
12. The parties to this Agreement understand that the City is a tax-exempt
organization; nothing herein, however, shall exempt the Contractor from
paying all of its taxes pursuant to this Agreement, The Contractor agrees
that the City may use its Tax Savings Program, as modified from time to
time to save on taxes.
13. This Agreement may be terminated by the Contractor upon thirty (30) days’
prior written notice to the City in the event of a material breach of contract
by the City to perform in accordance with the terms of this Agreement
through no fault of the Contractor. This Agreement may be terminated by
the City, with or without cause, upon thirty (30) days’ prior written notice to
the Contractor. Unless the Contractor is in breach of this Agreement, the
Contractor shall be paid for services rendered to the City’s satisfaction up to
the date of termination. After receipt of a termination notice, and except as
otherwise directed by the City, the Contractor shall stop work on the date
specified.
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14. Neither the City nor the Contractor shall be considered to be in default of
this Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the nonperforming party could not avoid. The term
“Uncontrollable Forces” shall mean any event that results in the prevention
or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the nonperforming party. It
includes, but is not limited to, fire, flood, earthquake, storms, lightning,
epidemic, war, riots, civil disturbance, sabotage, and governmental actions.
Neither party shall, however, be excused from performance if
nonperformance is due to forces which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of
this Agreement.
15. This Agreement shall be construed in accordance with the laws of the State
of Florida. Should any dispute arise from this Agreement, venue shall lie in
Palm Beach County, Florida.
16. This Agreement shall not be construed against the party who drafted the
same as all parties to this Agreement have had legal and business experts
review the adequacy of the same.
17. This Agreement is binding upon the parties hereto, their heirs, successors,
and assigns.
18. The Contractor warrants and represents that all of its employees are treated
equally during employment without regard to race, color, religion, gender,
age, or national origin.
19. A waiver by either the City or the Contractor of any breach of this
Agreement shall not be binding upon the waiving party unless such waiver
is in writing. In the event of a written waiver, such a waiver shall not affect
the waiving party’s rights with respect to any other or further breach. The
making or acceptance of a payment by either party with knowledge of the
existence of a default or breach shall not operate or be construed to operate
as a waiver or any subsequent default or breach. The parties here to
understand that there shall be no oral waivers. Further, a written waiver in
part shall not constitute a waiver of any other part of this Agreement.
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20. The invalidity, illegality, or unenforceability of any provision of this
Agreement or the occurrence of any event rending any portion or provision
of this Agreement void shall in no way affect the validity or enforceability of
any other portion or provision of this Agreement. Any void provision shall be
deemed severed from the Agreement and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the
particular portion or provision held to be void. The parties further agree to
reform this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken
provision. The provisions of this section shall not prevent the entire
Agreement from being void should a provision, which is of the essence of
this Agreement, be determined to be void.
21 The City and the Contractor agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or
understandings other than those stated herein. This Agreement supersedes
all prior agreements, contracts, proposals, representations, negotiations,
letters, or other communications between the City and the Contractor
pertaining to this Agreement, whether written or oral. None of the
provisions, terms, and conditions contained in this Agreement may be
added to, modified, superseded, or otherwise altered, except by written
instrument executed by the parties hereto.
22. This Agreement may not be modified unless such modifications are
evidenced in writing, signed by both the City and the Contractor. Such
modifications shall be in the form of a written amendment executed by both
parties.
23. Any notice, demand, communication, or request required or permitted
hereunder shall be in writing and delivered in person or sent by certified
mail, postage prepaid as follows:
As to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
Attn: City Manager
As to the Contractor:
The Signal Group, Inc.
33 Commerce Way
Jupiter, Florida 33458
Attn: Amanda Reed
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Notices shall be effective when sent to the addresses as specified above as
provided herein. Changes in respective addresses to which such notice is
to be directed may be made from time to time by either party by written
notice to the other party. Facsimile transmission is acceptable notice
effective when sent with a printed confirmation of receipt of the same;
however, facsimile transmissions received (i.e., printed) after 5 p.m. or on
weekends or holidays will be deemed sent on the next business day. The
original of the notice must additionally be mailed certified mail return receipt
requested. All mail shall be deemed received upon five (5) business days.
The parties may also use overnight delivery services such as Federal
Express; however, all such services must have confirmation of delivery.
Notice shall be deemed effective under this type of service when received.
Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of the City
and the Contractor.
24. This Agreement is subject to fiscal funding out in accordance with Florida
Law.
(The remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the City and the Contractor executed this Agreement
as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Eric Jablin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFI PNCY
WITNESSES: THE SIGNAL GROUP, INC.
n
(Corporate Seal)
G:\attorney-ShareWGREEMENTSkiggyback agmt - the signal group.doc
8
EXHIBIT “A”
ST, LUCIE COUNTY
CONTRACT
DOCUMENTS
The Signal Group, Inc.
Bid No. 07-059
Signal Maintenance and
Master Construction Contract
St. Lucie County Road & Bridge Department
CONTRACT
THIS CONTRACT, made this %b day of ~ \C[l\p , , 2007, between
ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the
"COUNTY", and THE SIGNAL GROUP, INC., or his, its or their successors, executors,
administrators, and assigns hereinafter called the "CONTRACTOR".
WITNESSETH:
1. PURPOSE:
That the said Contractor agrees with the said County for the consideration herein
mentioned, at his, its or their own proper cost and expense to do all the work and furnish
all the materials, equipment, supplies, and labor necessary to carry out this Contract in the
manner and to the full extent as set forth in the proposal and the accompanying plans,
specifications, addenda if any, and drawings, and they are as fully a part of the Contract
as if hereto attached or herein repeated, and under security as set forth in the attached
contract bond, and to the satisfaction of the duly authorized representatives of the County,
who shall have at all times full opportunity to inspect the materials to be furnished and the
work to be done under this Contract.
2. GENERAL DESCRIPTION OR WORK:
It is agreed that the work to be done under this contract is for the Signal
Maintenance and Master Construction Contract for St. Lucie County as further described in
St. Lucie County Bid No. 07-059, made a part hereof by this reference.
A. GENERAL CONDITIONS:
(i) Except for Monthly Maintenance, Modifications, and Emergency
Repairs, The County Project Manager shall initiate individual
construction work assignments to be performed by the Contractor on
behalf of the County and in accordance with the Contract
Documents. Each work assignment shall describe the specific scope
of the work to be performed, the agreed amount of compensation
pursuant to the amounts set forth in the Bid Form, and a schedule for
the completion of the work.
(ii) Contract shall allow for providing all materials, equipment, and
services necessary to provide County-wide signalization services
including emergency on-call response, new construction,
rehabilitations, selected maintenance of traffic signals, traffic
monitoring sites and streetlight facilities on all County-wide roads.
Quantities if shown are estimates only. The County shall not be held
to any minimums or maximums during the period of the Contract.
Page 1 of 11
3. PROJECT MANAGER:
The County Project Manager is Ann Amandro at 1772) 462-2848. The Contractor's
Area Superintendent is Marvin Clark at (772) 334-681 7. The Contractor's Contract
Manager for the Contract is Don L. Copeland at 1561 1 744-3206 ext. #35.
The parties shall direct all matters arising in connection with the performance of this
Contract, other than notices, to the attention of the Area Superintendent for attempted
resolution or action. The Area Superintendent shall be responsible for overall resolution or
action and shall be responsible for overall coordination and oversight relating to the
performance of this Contract.
4. CONTRACT DOCUMENTS:
The Contract Documents which comprise the Contract between the County and the
Contractor are attached hereto and made part hereof and consist of the following:
A. This Contract, pages 1 through 11 inclusive.
B.
C. Specifications, consisting of:
Contractor's Bid and Bid Bond, consisting of 27 pages
Invitation to Bid and instructions to Bidders, pages 1 to 8, inclusive.
Bid Form, pages 9 to l9, inclusive.
Traffic Signal Maintenance Scope of Work, pages 20 to 22, inclusive.
Special Provisions, page 23 to 25, inclusive.
List of Signalized Intersections, Schedule "A", page 25 to 3, inclusive.
Base Contract Amount Schedule "6" and Extra Billings Schedule "C", page
- 27, inclusive.
Special Labor and Equipment Services, Schedule "D", page 28, inclusive.
Bi-Monthly Patrol Check-In, Schedule "E", page 29, inclusive.
Annual Overhaul Check-List, Schedule "F", page 30, inclusive.
Inventory/Spare Parts List, Schedule "G", page 31, inclusive.
Bidder Qualifications forms, pages 32 to 37, inclusive.
General Condition, pages 40 to 65, inclusive.
Addenda No. 1 through2 inclusive.
Insurance Certificates, which shall be provided by the Contractor, along with
the return of this executed Contract.
Any Modifications, including change orders, duly delivered after execution of
this Contract.
0.
E.
F.
5. PERFORMANCE GUARANTY:
That the said Contractor guarantees the successful performance of the work for the
service intended and further guarantees all materials, workmanship, project performance,
and equipment furnished for a period of one (1) year from the date of Final Acceptance and
Release of Lien by action of the Board of County Commissioners, St. Lucie County, Florida.
Should any such defects be discovered during the one (1) year, the Contractor shall
promptly make such corrections as may be necessary by reason of such defects including
the repairs of any damage to other parts of the system resulting from such defects. In the
event that the Contractor should fail to remedy such defects, the County may do so and
Page 2 of 11
charge the Contractor the cost thereby incurred. Neither inspection nor payment, including
final payment, by the County shall relieve the Contractor from his or its obligations to do
and complete the work in accordance with this Contract. If the County deems it
inexpedient to require the Contractor to correct deficient or defective work, an equitable
deduction from the contract price shall be made therefore or in the alternative, the County
may sue for damages.
Should the organization of the Contractor, or its management, or the manner of
carrying on the work be manifestly incompetent, or inadequate to do the work specified
within the stated time, then the County shall have the right to take charge of the work and
finish it and provide the labor, materials, and equipment necessary to complete the work as
planned within the required time and to charge the cost of all such work against the
Contractor and his, or its Surety shall be held responsible therefore. The Contactor fully
understands and agrees that the County shall not pay for any obligation or expenditure
made by the Contractor prior to the effective date of this Contract, unless the County
authorizes such payment in writing.
6. TERM:
Term shall be for a period of three (3) years and shall begin on September 21, 2007
with two (2) one-year renewal option provided both parties are in agreement and there are
no changes to the terms and conditions. Price escalations will be considered at the time of
renewal only and must be documented with written verification of industry price increases.
7. PAYMENT SCHEDULE:
County shall pay the Contractor for the performance of this Contract and
satisfactory completion of the project in accordance with the terms and conditions of this
Contract, the total amount not to exceed $420,750.20 (four hundred twenty thousand
seven hundred fifty and 20/100 dollars) per year.
The County shall pay the Contractor through payments issued by the County
Finance Department in accordance with the Florida Prompt Payment Act of the Florida
Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project
Manager. The parties agree, however, that any payments withheld as liquidated damages
or for any other reason allowed by this Contract, shall not be governed by the Florida
Prompt Payment Act.
A. MAINTENANCE CONTRACT PAYMENT: For the maintenance portion of the
contract, payments shall be on a monthly basis.
B. MODIFICATION, CONSTRUCTION, AND EMERGENCY SERVICES: Shall be
paid upon completion of the work and approval of the Application for
Payment by the County Project Manger.
B. CONTRACTOR'S WARRANTY OF TITLE: The Contractor warrants and
guarantees that title to all Work and equipment covered by an Application for
Payment, will have passed to the County prior to the making of the
Application for Payment, free and clear of all liens, claims, security interests
Page 3 of 11
and encumbrances (hereafter in these General Conditions referred to as
"Liens"); and that no work or equipment covered by an Application for
Payment will have been acquired, subject to any Contract under which an
interest therein or encumbrance thereon is retained by the seller or otherwise
imposed by the Contractor or such other person.
8. AUDIT:
The Contractor agrees that the County or any of its duly authorized representatives
shall, until the expiration of three years after expenditure of funds under this Contract,
have access to and the right to examine any directly pertinent books, documents, papers,
and records of the Contractor involving transactions related to this Contract. The
Contractor agrees that payment(s1 made under this Contract shall be subject to reduction
for amounts charged thereto which are found on the basis of audit examination not to
constitute allowable costs under this Contract. The Contractor shall refund by check
payable to the County the amount of such reduction of payments. All required records
shall be maintained until an audit is completed and all questions arising therefrom are
resolved, or three (3) years after completion of the project and issuance of the final
certificate, whichever is sooner.
9. ~- PUBLIC RECORDS:
The Contractor shall allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119. Florida Statutes, and made or received
by the County in conjunction with this Contract.
10. CONTRACTOR RESPONSIBILITY:
The Contractor is an independent Contractor and is not an employee or agent of St.
Lucie County. Nothing in this Contract shall be interpreted to establish any relationship,
other than that of an independent Contractor, between the County and the Contractor, its
employees, agents, sub-contractors, or assigns, during or after the performance of this
Contract. The Contractor shall take the whole responsibility of the work and shall bear all
losses resulting to him, or it, on account of the amount or character of the work, or
because of the nature of the ground in or on which the work is done is different from what
was assumed or expected, or because of bad weather, or because of errors or omissions in
his or its bid on the Contract price, or except as otherwise provided in the Contract
Documents because of any other causes whatsoever.
The Contractor shall protect the entire work, all materials under the Contract and
the County's property (including machinery and equipment) in, on, or, adjacent to the site
of the work, until final completion and work, from the action of the elements, acts of other
Contractors, or except as otherwise provided in the Contract Documents, and from any
other causes whatsoever; should any damage occur by reason of any of the foregoing, the
Contractor shall repair at his, or its, own expense to the satisfaction of the County or its
Project Manager. Neither the County nor its officers, employees or agents assume any
responsibility for collection of indemnities or damages from any person or persons causing
injury to the work of the Contractor.
Page4of 11
At his, or its expense, the Contractor shall take all necessary precautions including
(without limitation) the furnishing of guards, fences, warning signs, walks, ladders, flags,
cables, and lights for the safety of and the prevention of injury, loss, and damage to
persons and property including (without limitation) in the term persons, members of the
public, the County, its employees and agents, the Project Manger and his employees,
Contractor's employees, his or its sub-contractors and their respective employees, other
Contractor, their sub-contractors and respective employees, on, about or adjacent to the
premises where said work is being performed, and shall comply with all applicable
provisions of safety laws, rules, ordinances, regulations, and orders of duly constituted
public authorities and building codes.
The Contractor assumes all risk of loss, damage, and destruction to all of his or its
materials, tools, appliances, and property of every description and that of his or its sub-
contractors and their respective employees or agents, and injury to or death of the
CONTRACTOR, his or its employees, sub-contractors or their respective employees or
agents, or third parties, including legal fees, court costs or other legal expenses, arising out
of or in connection with the performance of this Contract.
11. INDEMNITY
Contractor agrees to pay on behalf of, protect, defend, reimburse, indemnify and
hold the County, its agents, employees, elected officers and representatives and each of
them, (hereinafter collectively and for the purposes of this paragraph, referred to as
"County"), free and harmless at all times from and against any and all claims, liability,
expenses, losses, costs, fines and damages, including attorney's fees, and causes of
action of every kind and character against County by reason of any damage to property or
the environment, or bodily injury (including death) incurred or sustained by any party
hereto, or of any party acquiring any interest hereunder, any agent or employee of any
party hereto or of any party acquiring an interest hereunder, and any third or other party
whomsoever, or any governmental agency, arising out of or in incident to or in connection
with Contractor's performance under this Contract, the condition of the premises,
Contractor's acts, or omissions or operations hereunder, or the performance,
non-performance or purported performance of the Contractor of any breach of the terms of
this Contract to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of the Contractor and persons employed or utilized by the Contractor.
Contractor further agrees to pay on behalf of and hold harmless and indemnify
County for any fines, citations, court judgments, insurance claims, restoration costs or
other liability resulting from its activities on the project, whether or not Contractor was
negligent or even knowledgeable of any events precipitating a claim or arising as a result of
any situation involving Contractor's activities to the extent caused by the negligence,
recklessness, or intentional wrongful misconduct of the Contractor and persons employed
or utilized by the Contractor.
Said indemnification by Contractor shall be extended to include all deliverers,
suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of
Contractor. Contractor recognizes the broad nature of this indemnification and hold
harmless clause and voluntarily makes this covenant. This indemnification and hold
harmless survives acceptance of the Work. This clause of the Contract will extend beyond
Page 5 of 11
the term of the Agreement for a period of ten (10) years after the date of the acceptance
of the Work by the County.
12. INSPECTION:
The project will be inspected by the Project Manager and will be rejected if it is not
in conformity with the Contract provisions. Rejected Work will be immediately corrected
by the Contractor.
13. INSURANCE:
COMMERCIAL GENERAL LIABILITY:
The Contractor shatl maintain and, prior to commencement of this Contract, provide
the County with evidence of commercial general liability insurance to include: 1)
premises/operations, productskompleted operations, and personal and advertising injury
for limits of not less than $1,000,000 per occurrence and 2) a general aggregate limit of
not less than $2,000,000. The policy shall also provide the COUNTY will be given thirty
(30) day written notice of cancellation or non-renewal and include County as an additional
insured.
AUTOMOBILE LIABILITY:
The Contractor shall maintain and, prior to commencement of this Contract, provide
the County with evidence of business automobile liability insurance to include: 1) coverage
for any automobile for limits of not less than One Million Dollars ($1,000,000) combined
single limit (bodily injury & property damage) per accident, and 2) Personal Injury
Protection (Florida no-fault) with full statutory limits. The policy shall also provide the
County will be given a thirty (30) day written notice of cancellation or non-renewal and
include County as an additional insured.
WORKER'S COMPENSATION 81 EMPLOYERS LIABILITY:
The Contractor shall maintain and, prior to commencement of this Contract, provide
to the County evidence of Worker's Compensation insurance providing Florida statutory
(Chapter 440, Florida Statutes (2002)) limits to cover all employees and include Employers
Liability coverage with limits of not less than Five Hundred Thousand Dollars ($500,000)
for accidents or disease. The policy shall also provide that the County will be given a thirty
(30) day written notice of cancellation or non-renewal.
14. DEFAULT; TERMINATION
A. FORCAUSE
If the Contractor fails to fulfill its obligations under this Contract in a timely and
proper manner, the County shall have the right, but not the obligation, to terminate this
Contract by giving written notice of any deficiency and by allowing the party in default
seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the
Page 6 of 11
deficiency within the seven calendar day period, this Contract shall terminate at the
expiration of that time period.
With regard to the Contractor, the following items shall be considered a default
under this Contract:
(1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a
general assignment for the benefit of his, or its, creditors, or if a receiver should be
appointed on account of his, or its, insolvency.
(2) If the Contractor should refuse or fail, except in cases for which an extension
of time is provided, to supply enough properly skilled workmen or proper material to
meet the project schedule or if the Contractor should fail to make prompt payment
for materials, or labor or other services entering into the Work.
(3) If the Contractor disregards laws, ordinances, or the instructions of the
Project Manager or otherwise be guilty of a substantial violation of the provisions of
the Contract.
(4)
fails to conform to the requirements of this Contract.
Fails to perform any of the terms of this Contract or performs work which
In the event of termination, the County may take possession of the premises and all
materials, tools, and appliances, thereon and finish the Work by whatever method it may
deem expedient. In such cases, the Contractor shall only be entitled to receive payment
for Work satisfactorily completed prior to the termination date, subject to any setoffs due
the County in completing the Project and for reimbursement of damages incurred. The
County may take possession of and use any materials, plant, tools, equipment, and
property of any kind furnished by Contractor to complete the Work. If the expense incurred
by the County to finish the Work exceeds the unpaid balance on this Contract, the
Contractor shall pay the difference to the County. The expense incurred by the County as
herein provided, and the damage incurred through the Contractor's default, shall be
certified by the Project Manager. The Contractor shall be responsible for both liquidated
damages attributable to delay and for excess completion costs. The liability of the
Contractor and its surety or sureties for such damages and costs is joint and several. The
obligations of the Contractor and his surety with respect to the warranty and maintenance
shall remain in full force and effect for the portion of the Work completed by the
Contractor and shall not expire until the expiration of the prescribed time period measured
from the final acceptance of the project in its entirety. These clauses shall survive the
termination of this Contract. If the County makes a determination pursuant to this Contract
to hold the Contractor in default and terminate the Contract for cause and it is
subsequently determined that any such determination was improper, unwarranted, or
wrongful, then any such termination shall be deemed for all purposes as a termination
without cause as described below. The Contractor agrees that it shall be entitled to no
damages, allowances or expenses of any kind other than as provided in this Agreement in
connection with such termination, and does expressly waive, in the event of termination,
any and all claims for consequential damages, loss of bonding capacity, destruction of
business, unabsorbed home office overhead, lost profit and the like.
Page 7 of 11
B. WITHOUT CAUSE
The County may terminate the Contract without cause at any time upon thirty (30)
calendar days prior written notice to the Contractor. Upon such termination, the
Contractor waives any claims for damages from the termination without cause, without
limitation, any and all consequential claims as set forth above, and as the sole right and
remedy of the Contractor, the County shall compensate the Contractor for all authorized
Work satisfactorily and responsibly completed through the termination date. In the event of
termination by the Contractor without cause, the following shall apply: (1 1 all bonds shall
remain fully in force to insure the County's ability to construct the project for the Contract
amount; (2) the County shall have the right to, at its option, solicit bids for the completion
of the unfinished portion of the Work, or to negotiate with the number two bidder under
the original bid; and (3) the Contractor and his surety shall be jointly and severally
responsible for all costs over the original Contract amount incurred by the County in
completion of the project, in addition to liquidated damages, construction costs, such costs
may include engineering, advertising, and administrative expenses incurred with the
solicitations of bids for the completion of the unfinished portion of the Work. In the event
of termination without cause by either party, the obligations of the Contractor and his
surety with respect to the warranty and maintenance shall remain in full force and effect
for the portion of the Work completed by the Contractor and shall not expire until the
expiration of the prescribed time period measured from the final acceptance of the project
in its entirety. These clauses shall survive the termination of this Contract.
15. NON-DISCRIMINATION:
Contractor covenants and agrees that the Contractor shall not discriminate
against any employee or applicant for employment to be employed in the performance of
the Contract with the respect to hiring, tenure, terms, conditions or privileges of
employment, or any matter directly or indirectly related to employment because of age,
sex, or physical handicaps (except where based on a bona fide occupational qualification);
or because of marital status, race, color, religion, national origin or ancestry.
16. VERIFICATION OF EMPLOYMENT STATUS:
The County will not intentionally award contracts to any contractor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provisions
of the Immigration and Nationality Act ("INA"). The Count shall consider the employment
by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section
274A(e) of the INAI. The Contractor agrees that such violation by the Contractor shall be
grounds for the unilateral cancellation of this Contract by the County.
17. FLORIDA PRODUCED LUMBER:
Where applicable Contractor agrees to comply with the provisions of section
255.20, Florida Statutes (20031, and as may be amended from time to time.
Page 8 of I1
18. ASBESTOS-FREE MATERIALS:
Contractor shall not use any asbestos or asbestos-based fiber materials within any
building to be constructed or modified pursuant to this Contract.
19. ASSIGNMENT:
The County reserves the right to freely assign this Contract. The Consultant,
however, shall not assign this Contract to any other persons or firm without first obtaining
County’s written approval. In addition, the Consultant shall not have the right to assign
any or all of its rights and interests under this Contract to any subsidiary or parent
company, or any successor to its business through merger, consolidation, voluntary sale,
or transfer of substantially all of its assets without the express written consent of the
County. For purposes of this paragraph, a transfer of substantially all of its assets shall be
deemed to occur when the owner(s1 of more than 50% of the proprietary interest in the
business entity transfer, other than between themselves, their immediate families or their
heirs, such proprietary interest to another person, firm, partnership, corporation or business
entity. Any attempt to effect an assignment without County=s prior written consent shall
be deemed a default subject to the remedies provided herein.
20. NOTICES:
All notices, requests, consents, and other communications required or permitted
under this Contract shall be in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, telecommunicated, or mailed by
registered or certified mail (postage prepaid) receipt requested and addressed to:
As To County: With Copies To:
St. Lucie County Administrator St. Lucie County Attorney
Administration Annex Administration Annex
2300 Virginia Avenue 2300 Virginia Avenue
Ft. Pierce, Florida 34982 Ft. Pierce, Florida 34982
As to Contractor:
The Signal Group, Inc.
33 Commerce Way
Jupiter, Florida 33458
or to such other address as any party may designate by notice complying with the terms of
this Section. Each such notice shall be deemed delivered, on the date delivered if by
personal delivery, and on the date upon which the return receipt is signed or delivery is
refused or the notice is designated by the postal authorities as not deliverable, as the case
may be, if mailed.
21. NON-WAIVER:
The indulgence of either party with regard to any breach or failure to perform any
provisions of this Contract shall not be deemed to constitute a waiver of the provisions or
Page 9 of 11
any portion of this Contract either at the time the breach or failure occurs or at any time
throughout the term of this Contract.
22. CONFLICT OF INTEREST:
The Contractor represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the performance
of services required hereunder, as provided for in Florida Statues 1 12.31 1. The Contractor
further represents that no persons having interest shall be employed for said performance.
The Contractor shall promptly notify the County in writing by certified mail of all
potential conflicts of interest prohibited by existing state law for any prospective business
association, interest, or other circumstances which may influence or appear to influence
the Contractor's judgment or quality of services being provided hereunder. Such written
notification shall identify the prospective business association, interest or circumstance,
the nature of the work the Contractor may undertake and request an opinion of the County
as to whether the association, interest, or circumstance would, in the opinion of the
County, constitute a conflict of interest if entered into by the Contractor. The County
agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of
receipt of notification by the contractor. If, in the opinion of the County, the prospective
business association, interest or circumstance would not constitute a conflict of interest by
the Contractor, the County shall state in the notification and the Contractor shall, at hidher
option, enter into said association, interest, or circumstance and it shall be deemed not in
conflict of interest with respect to services provided to the County by the Contractor under
the terms of this Contract.
23. MEDIATION:
In the event of a dispute between the parties in connection with this Contract, the
parties agree to submit the disputed issue or issues to a mediator for non-binding mediation
prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of
certified mediators available from the Clerk of Court for St. Lucie County. The fee of the
mediator shall be shared equally by the parties. To the extent allowed by law, the
mediation process shall be confidential and the results of the mediation or any testimony or
argument introduced at the mediation shall not be admissible as evidence in any
subsequent proceeding concerning the disputed issue.
24. SUBCONTRACTORS:
In the event Contractor requires the service of any subcontractor or professional
associate in connection with the work to be performed under this Contract, the Contractor
shall secure the written approval of the County Project Manager before engaging such
subcontractor or professional associate.
25. DISPUTE RESOLUTmN:
Any disputes relating to interpretation of the terms of this Contract or a question of
fact arising under this Contract shall be resolved through good faith efforts upon the part
of the Contractor and the County or its Project Manager. At all times, the Contractor shall
Page 10 of 11
carry on the work and maintain its progress schedule in accordance with the requirements
of the Contract and the determination of the County or its representatives, pending
resolution of the dispute. The County Administrator who shall reduce the decision to
writing shall decide any dispute that is not resolved by mutual Contract. The decision of
the County shall be final and conclusive unless determined by a court of competent
jurisdiction to be fraudulent, capricious, arbitrary, and so grossly erroneous as to
necessarily imply bad faith, or not be supported by substantial evidence.
26. INTERPRETATION; VENUE:
This Contract constitutes the entire Contract between the parties with respect to
the subject matter hereof and supersedes all prior verbal or written Contracts between the
parties with respect thereto. This Contract may only be amended as written document,
properly authorized, executed and delivered by both parties hereto. This Contract shall be
interpreted as a whole unit and section headings are for convenience only. All
interpretations shall be governed by the laws of the State of Florida. In the event it is
necessary for either party to initiate legal action regarding this Contract, venue shall be in
the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and
the Southern District of Florida for any claims which are justiciable in Federal Court.
IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor
has affixed his, its, or their names, or name, and seal the date aforesaid.
ATTEST: BOARD OF COUNTY COMMISSIONEPS
___-_
WITNESSES:
APPROVED AS TO FORM AND
COUNTY ATTORNEY p3;
THE Rv- E-L*
Print Name: L-ULLJ D&.
Print Title: -m
Page 11 of 11
The Signal Group, Inc.
SECTION oa300
BID FORM
BID #07-059
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
Board of Countv Commissioners
St. Lucie Countv. Florida
2300 Virginia Avenue
Fort Pierce, FL 34982
Don L. Copeland, Jr. Representing The Siqnal GrOuD, Inc. Company
andlor Corporation, agree to perform, the Signal Maintenance & Master Construction Contract as
specified and described herein:
I have received the documents titled ” SIGNAL MAINTENANCE & MASTER CONSTRUCTION
CONTRACT ” I have also received addenda numbers 1 thru -and have included their
provisions in my Bid I have examined both the Bid documents and the construction site(s) and
submit the following Bid in which I agree:
1 To hold my Bid open until an agreement has been executed between the Owner and
accepted Bidder or until ninety (90) days after Bids are opened, whichever is shorter
Regarding the Disposition of Bid Security, to accept the provisions of the Instructions to
the Bidders
2.
3 To enter into and execute a Contract an the basis of this Bid and, if necessary, to
furnish a one hundred percent (100%) Public Construction Bond in accordance with the
Instructions to Bidders to guarantee my workmanship and materials to be free from
construction defects for a period of not less than one (1) year, if this Bid is accepted
To accomplish the work included in and in accordance with the Contract Documents, if
this Bid is accepted
4
5 This contract will be for a period of three (3) years with an option of two (2) one (1) year
renewals
6 Regarding Compensation for proposed work If this Bid is accepted, I will PERFORM
THE WORK REQUIRED for this bid on a unit price basis as reflected in the Bid Unit
Price Schedule on pages 2 through 28 of this Bid
7 Regarding the Award of the Contract If I am awarded a contract for this project, I
understand that the award will be for all of the items listed under the Bid Unit Price
Schedule
8 Maintenance work performed on this contract shall be in accordance with Option A as
determined by the COUNTY for the period of the contract
BID 107.059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT 9
632-7
632-7
'632-7-
The Signal Group, Inc.
MASTER CONSTRUCTION CONTRACT BID UNIT PRICE SCHEDULE
Unit Price Schedule
====~=e=====a====~==================.=====================--------------==
Item No. Description Units Unit Price ----------------------=====---------=====---=--- ---------I--_---__-___ -c----"-------I--___-- ---- ---r-------,----,---,,--,,
620-1-1 Ground Electrodes(FBI) LF $ 4.75
$ 9.50 630-1-11 1" Above Ground Conduit(F&l) LF
630-1 -1 1 2" Above Ground Conduit(F&l) LF $ 13.50
630-1-12 2" Underground Conduit(FL1) LF 5.75
630-1-12 4" Underground Conduit( F&l) LF $ 10.50
630-1-13 2" Underpavement Conduit (FBI) LF $ 14.00
630-1 -1 3 4" Underpavement Conduit (F&l) LF $ 28.00
$ 26.00 630-1 -1 4 2" Rigid Jacked Conduit (F&l) LF
630-1-14 4" Rigid Jacked Conduit (F&l) LF $ 42.00
Signal Cable (12 Conductor-F&l) LF $ 2.95
,$ 3.93 Signal Cable (16 Conductor-F&l) LF
Signal Cable (Span Length Range 50 - 149') IMSA PI $ 1,235.00
Spec 19-1, 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh 12 Conductor Peds
Signal Cable (Span Length
Spec 19- 1, 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh 12 Conductor Peds
Range 150' - 199') IMSA PI
'632-7-1 Signal Cable (Span Length
Range 2CO' - 299') IMSA PI
Spec 19-1, 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh 12 Conductor Peds
'632-7-1 Signal Cable (Span Length
Range 300' - 349') IMSA PI
Spec 19-1,16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh 12 Conductor Peds
*632-7-1
$ 1,807.00
*632-7- Signal Cable (Span Length
Spec 19-1,16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh 12 Conductor Peds
Range 350' - 399') IMSA PI
BID #07653
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCnON CONTRACT 10
$ 2,366.00
$ 2,951.00
$ 3,120.00
"632-7-1 Signal Cable (Span Length Range 400 - 499) IMSA PI $ 3,380.00
Spec. 19-1,16 Conductor
Veh,l2 Conductor Peds
20 Conductor Veh j2 Conductor Peds
*632-7-1 Signal Cable (Span Length
Range 500' - 599') IMSA
Spec 19-1. 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh 12 Conductor Peds
'632-7-1 Signal Cable (Span Length
Range 600' or greater) IMSA
Spec 19-1, 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh 12 Conductor Peds
PI
Pi
$ 3.770.00
3 4,160.00
ALL INTERSECTION SPAN LENGTH SHALL CARRY NECESSARY
CABLE OR CABLES FOR VEHICLE SIGNALS AND PEDESTRIAN
*
SIGNALS -BID SHOULD REFLECT TOTAL COST PER INTERSECTION. - THIS PAGE AND UP
"632-8-21 1
"632-8-212
"634-4-1 12
'*634-4-113
H634-4-1 14
'*634-5-7
"634-6-1
"635-1-1 1
'*635-1-11A
635-1 -31
"639-7-1 3
"639-1 -23
Interconnect Cable Aerial 6
Pr-22 Gauge includes Integral
Messenger Cable (PE-38)
Interconnect Cable
Underground 6 Pr-22
Gauge (PE-39)
Span Wire Assembly Diagonal
(Span Length Range 50'-550)
Span Wire Assembly Box
(Span Length Range 50'-550')
Span Wire Assembly - Drop
Box (Span Length Range
50' - 550')
Fiberglass Insulator
Messenger Wire
Pull Box
Pull Box Grounded
(Per Index 17503)
Pull Box [Install Only)
Elec Power Svc - Overhead
Elec Power Svc - Under Ground
LF
LF
LF
LF
LF
LF
LF
EA
EA
EA
AS
AS
$ 2.30
$ 3.7.5
$ 1.040.00
$ 1,940.00
$ 2,650.00
$ 250.00
2.40 $
$ 325.00
$ 375.00
$ 175.00,
$ 925.00:
5 905.00
FURNISH AND INSTALL- THlS PAGE **
BID #07-059
SIGNAL MAINTENANCE d MASTER
CONSTRUCTION CONTRACT 11
The Signal Group, Inc.
"639-2-1
"639-3-1 1
"641-1
"641-1 3-144
"341 -14-1 38
'*641-14-140
"'641 -1 4-1 4 I
'*641-14-144
"641 -15-140
"'641-1 5-741
"641-15-144
"641-1 5-146
"641 -1 5-1 47
"641 -15-748
"641-1 5-149
'*641-15-150
"641 -34-1 34
"643-1 30
'*643-140
"643445
"649-412-001
"649413-002
"6.19416-004
*'649-432-001
Electrical Svc Wire
Electrical Svc Disconnect
Guying Concrete Strain Poles
44' Class IV Conc Pole
38 Class V Conc Pole
40' Class V Conc, Pole
41' Class V Conc Pole
44' Class V Conc Pole
40' Class VI Conc Pole
41' Class VI Conc Pole
44 Class VI Conc Pole
46' Class VI Conc Pole
47' Class VI Conc Pole
48' Class VI Conc Pole
49' Class VI Conc Pole
50' Class VI Conc Pole
34' Class VI Conc Pole
3O'Wood Pole with Down
Guying
41' Wood Pole With Down
Guying
45' Wood Pole With Dawn
Guying
Mast Arm Assembly Single
Arm 36' No Lurninaire
Mast Arm Assembly Single
Arm 46' No Lurninaire
Mast Arm Assembly Single
Arm 70' No Lurninaire
Mast Arm Assembly Single
Arm 36' with Lurnjnaire
FURNISH AND INSTALL- THIS PAGE **
810 PO7-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTlON CONTRACT
LF
AS
EA
EA
EA
EA
EA
EA
EA
€A
EA
EA
EA
EA
EA
EA
EA
€A
EA
EA
EA
EA
EA
EA
$ 1.88
$ 275.00
$ 525.00
$ 4,780.00
$ 4,760.00
$ 4,790.00
$ 4,850.00
$ 4,880.00
$ 5,160.00
3 5,170.00
$ 5,210.00
$ 5,210.00
$ 5,260.00
$ 5,290.00
$ 5,680.00
$ 5,760.00
$ 5,025.00
1,500.00
$ 1,550.00
$ 1,550.00
$ 23,267.00
$ 22,932.00
$ 39,708.00
$ 20,060.00
12
The Signal Group, Inc.
"649-433-002 Mast Arm Assembly Single
"649-436-004 Mast Arm Assembly Single
Arm 46' with Luminaire
"650-51-1 11
"650-51-112
"650-5 1 -1 2 1
"650-5 1-1 3 1
"650-51-1 41
*'650-51-311
YiO-51-3 12
*'650-51-321
**6 50-5 1-322
"650-51-331
"65 0-5 1 -3 32
"650-51-341
'*650-51-342
"650-51-411
'"650-51412
"'650-51 -5 1 1
"650-51 -5 12
FURNISH AND INSTALL- THIS PAGE **
BID PO7-059
SIGNAL MAINTENANCE 6 MASTER
CONSTRUCTION CONTRACT
Arm 7O'with Lurninaire
1 Section Alum Signal Head
(1 2")
I Section Lightweight Signal
Head (1 2")
1 Section Alum Signal Head
(12"/2 Way)
7 Section Alum Signal Head
(I 2/3 Way)
1 Section Alum Signal Head
(1 2"/4 Way)
3 Seciion Alum Signal Head
(12"/1 Way)
3 Section Lightweight Signal
Head (1 2")
3 Section Alum Signal Head
(12"/2 Way)
3 Section Alum Signal Head
(1 2'72 Way Lt Wt )
3 Section Alum Signal Head
(12"/3 Way)
3 Section Alum Signal Head
(f2"/3 Way Lt Wt )
3 Section Alum Signal Head
(12"/4 Way)
3 Section Alum Signal Head
(12"/4 Way Lt Wt )
4 Section Alum Signal Head
(1 2"/1 Way)
4 Section Alum Signal Head
(12"11 Way Lt Wt )
5 Section Alum Signal Head (12")
5 Section Alum Signal Head
(12"/1 Way Lt Wt )
EA
EA
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
13
$ 25,740.00
$ 42,430.00
s 335.00
$ 355.00
555.00 8
665.00
$ 775.00
660.00 $
$ 667.00
IF, 1,320.00
$ 1.375.00
$ 1,815.00
$ 1,870.00
.R 2,640.00
$ 2,750.00
$ 820.00
852.00 $
5 980.00
$ 980. DO
The Signal Group, Inc.
650-53-31 1
650-53-321
650-53-331
650-53-34 1
650-53-41 1
650-53-51 1
'"653-181
~353-1 a2
653-381
653-382
*'659-1-20
"659-1-20
"659-1-20
"659-1-20
3 Section Alum Signal Head
(12"11 Way) Install Only
-3 Section Alum Signal Head
(12"/1 Way) Remove Only
3 Section Alum Signal Head
(12"M Way) Install Onlv
3 Section Alum Signal Head
(I 2"/2 Way) Remove Only
3 Section Alum Signal Head
(12"/3 Way) Install Onlv
3 Section Alum. Signal Head
(72'73 Way) Remn
3 Section Alum Signal Head
(22"/4 Way) Install Only
3 Section Alum Signal Head
(I 2"/4 Way) RemaveOnlv
4 Section Alum Signal Head
(12'Yl Way) Install Only
5 Sect Alum Signal Cluster
Head (12") Install Only
5 Sect. Alum Signal Cluster
Head (12") Remove Only
12" Pedestrian Signal Head
(1 Sec, 1 Way)
12" Pedestrian Signal Head
(1 Sec, 2 Way)
12" Pedestrian Signal Head
(1 Way ) Install Onlv
12" Pedestrian Signal Head
(2 Way) Install Only
LEDs ARed
LED'S B Yellow
LED'S C Green
LED'S D Red Arrow
FURNISH AND INSTALL- THIS PAGE **
BID #07-059
SIGNAL MAINTENANCE L MASTER
CONSTRUCTION CONTRACT
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
EA
EA
EA
EA
14
$ 232.00
$ 264.00
55.00 $
$ 65.00
$ 298.00
$ 75.00
$ 298.00
$ 85.00
$ 225.00
$ 250.00
$ 65.00
687.00
$ 1,374.00
165.00
330.00
$ 154.00
$ 170.00
$ 262.00
$ 148.00
The Signal Group, Inc.
'"659-1 -20
"659-1-20
"659-101
*'659-106
"659-1 07
"659-1 07
"659-1 07
"659-1 18
660-2-101
*'660-2-102
"660-2-1 02
"660-2-1 02
"660-2-1 02
*'660-2-102
"'660-2-106
"660-2-106
*'660-2-106
"660-2-1 07
Type "G"
"660-2-109
LED'S E Yellow Arrow
LED'S F Green Arrow
Backplates 3 Section
Tunnel Visors
Alum Transformer Base
7~2~x2' Concrete Pedestal
Alum Pedestrian Pole
Backplates 5 Section
Detector Loop & Lead-In
Wire 6x40' Existing
Signal Type "F" 1-2-1 Wrap
Detector Loop & Lead-In
Wire 6x6 Type "B'
Detector Loop & lead-In
Wire 6x6 Type "6" Existing
Signal(Advance Loop 250')
Detector Loop & Lead-In Wire
6x6 Type "B' Existing Signal
(Advance Loop 300')
Detector Loop 8 Lead-In
Wire 6x6 Type 'B" Existing
Signal (Advance Loop 350')
Detector Loop & Lead-In
Wire 6x6 Type 'B" Existing
Signal (Advance Loop 400')
Detector Loop & Lead-In
Wire for 6' x 20' Type "F"
Detector Loop & Lead-In
Wire for 6'x40' Type "F'
Detector Loop & Lead-in Wire
GxZO'Exisling Signal Type"F"
Speed Class Loop (2x1 Lanes)
#14AWG Loop Lead In
'Belden Only"
FURNISH AND INSTALL - THIS PAGE **
BID XD7-059
SIBNAL MAINTENANCE L MASTER
CONSTRUCTION CONTRACT
EA
EA
EA
EA
EA
EA
EA
EA
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
LF
15
5 154.00
$ 262.00
$ 95.00
$ 25.00
$ 275.00
$ 495.00
$ as8.00
165.00
780.00
605.00
$ 605.00
$ 633.00
$ 660.00
c 695.00
R 550.00
$ 704.0u
c: 625.00
792.00
3.65 $
The Signal Group, Inc
$ 8,390.00 663-74-1 1 1 Camera Autoscope Solo Pro AS
System - F&l, CONTRACTOR SHALL
FURNISH AND INSTALL CAMERA
AUTOSCOPE SOLO PRO DETECTION
ASSEMBLY, TO CONSIST OF: AUTOSOPE
SOLE PRO VIDEO DETECTION CAMERA,
AUTOSCOPE SOLO PRO CABLE,
AUTOSCOPE MOUNT BRACKETS
(HORIZONTAL MOUNT BRACKET FOR
MAST ARM AND VERTICAL MOUNT
BRACKET FOR STRAIN POLE) ALL
HARDWARE, LABOR (INCLUDING
MOU NTI NWIRING, MlSCELLANEOUS
EQUIPMENT, COAXIAL AND POWER
CABLES SHALL BE INCLUDED IN THE COST.
CONTRACTOR SHALL FURNISH WINTV ADAPTER
AND 25' SUPERVISOR CABLE (FOR INTERFACE)
$ 15,745.00 663-74-1 1 2 Camera Autoscope Solo Pro AS
System - CONTRACTOR SHALL
FURNISH AND INSTALL CAMERA
AUTOSCOPE SOLO PRO DETECTION
ASSEMBLY, TO CONSIST OF: AUTOSOPE
SOLE PRO VIDEO DETECTION CAMERA,
AUTOSCOPE SOLO PRO CABLE,
AUTOSCOPE MOUNT BRACKETS
(HORIZONTAL MOUNT BRACKET FOR
MAST ARM AND VERTICAL MOUNT
BRACKET FOR STRAIN POLE) ALL
HARDWARE, UBOR (INCLUDING
MOUNTINGMIIRING, MISCELLANEOUS
EQUIPMENT, COAXIAL AND POWER
CABLES SHALL BE INCLUDED IN THE COST.
CONTRACTOR SHALL FURNISH WINTV ADAPTER
AND 25' SUPERVISOR CABLE (FOR INTERFACE)
663-74-1 1 3 Camera Autoscope Solo Pro
System - CONTRACTOR SHALL
FURNISH AND INSTALL CAMERA
AUTOSCOPE SOLO PRO DETECTION
ASSEMBLY, TO CONSIST OF: AUTOSOPE
SOLE PRO VIDEO DETECTION CAMERA,
AUTOSCOPE SOLO PRO CABLE,
AUTOSCOPE MOUNT BRACKETS
(HORIZONTAL MOUNT BRACKET FOR
MAST ARM AND VERTICAL MOUNT
BRACKET FOR STRAIN POLE) ALL
HARDWARE, LABOR (INCLUDING
MOUNTlNGMllRING, MISCELLANEOUS
EQUIPMENT, COAXIAL AND POWER
CABLES SHALL BE INCLUDED IN THE COST.
CONTRACTOR SHALL FURNISH WINTV ADAPTER
AND 25 SUPERVISOR CABLE (FOR INTERFACE)
AS
BID 101-059
SIGNAL MAINTENANCE a MASTER
CONSTRUCTION CONTRACT
$ 21,998.00
16
663-74-1 1 4 Camera Autoscope Solo Pro AS
System CONTRACTOR SHALL
FURNISH AND INSTALL CAMERA
AUTOSCOPE SOLO PRO DETECTION
ASSEMBLY, TO CONSIST OF: AUTOSOPE
SOLE PRO VIDEO DETECTION CAMERA,
AUTOSCOPE SOLO PRO CABLE,
AUTOSCOPE MOUNT BRACKETS
(HORIZONTAL MOUNT BRACKET FOR
MAST ARM AND VERTICAL MOUNT
BRACKET FOR STRAIN POLE) ALL
HARDWARE, LABOR (INCLUDING
MO U NTlNGMll RING, MISCELLANEOUS
EQUIPMENT, COAXIAL AND POWER
CABLES SHALL BE INCLUDED IN THE COST.
CONTRACTOR SHALL FURNISH WlNN ADAPTER
AND 25' SUPERVISOR CABLE (FOR INTERFACE)
665-12
6651 3
670-4-1
670-5-31
670-5-31
Pedestrian Detector
With Post and Sign - F&l,
POSTMllTH ALUMINUM
TRANSFORMER BASE
AS
4-112" DIAMETER ALUMINUM
Pedestrian Detector with Sign - F&l
Flashing Beacon Controller - FBI,
POSTMllTH ALUMINUM
TRANSFORMER BASE
Install Controller Assembly - F&I,
PRICE SHALL INCLUDE A MINIMUM
OF TWO (2) POLICE OFFICERS FOR
TRAFFIC CONTROL
AS
AS
4-1/2" DIAMETER ALUMINUM
AS
Install Controller Assembly - F&l
Includes Concrete Pad - F&l
PRICE SHALL INCLUDE A MINIMUM
OF TWO (2) POLICE OFFICERS FOR
TRAFFIC CONTROL.
Furnish WRlarness - F&l AS
AS
678-1-103 Type 12 Econolite Monitor
678-1-103 16 Channel Econolite MMU - F&l AS
678-1-1 07 RTC - CPR2102
Pager Controlled Time Clock - Fgl AS
The Signal Group, Inc
g 28,530.00
$ 445.00
$ 120.00
$ 2,500.00
1,950.00 f
$ 2.7ao.00
Q 814.00
$ 1,075.00
$ 935.00
F&I FURNISH AND INSTALL
BID #07-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT 17
The Signal Group, Inc.
685-1 -27
690-1 0
690-20
690-30
690-31
690-40
690-50
690-60
690-70
690-80
690-90
690-91
690-1 00
699-1-1
700-84-t
715-1-1 13
71 5-2-334
715-2415
715-11-11 I
715-11-222
F&l
BID N7-059
Telephone Connection Box. F&l FI
Remove Traffic Signal
Head Assembly EA
Remove Traffic Signal Head
(3 Section ) Assembly EA
Remove Traffic Signal Head
(5 Section ) Assembly ' EA
Remove Pedestrian Signal
Assembly EA
Remove Poles EA
Remove Signal Pedestal EA
Remove Mast Arm Assembly EA
Remove Controller Assembly EA
Remove Vehicle Detector
Assern bly EA
Remove Pedestrian Detector
Assembly EA
Remove Span Wire Assembly EA
Remove Cabling & Conduits EA
Remove Overhead Street Signs EA
Remove Existing Interconnect Cable LF
Remove Misc EA
Sign. Internally Illuminated,
Street Name, F&l EA
Span Mounted Sign, F&l EA
Remove Span Mounted Sign EA
Conductor, F&l LF
Conduit, F&l LF
Conduit, F&l LF
Luminaire, F&l EA
480V 400W HPS Ballast Only. F&l EA
FURNISH AND INSTALL -THIS PAGE
$ 302.00
$ 55.00
60.00
$ 65.00
$ 55.00
2.035.00
55.00
3,850.00
$
$
$
330.00 $
$ 20.00
$ 20.00
$
$
330.00
770.00
55.00 $
$ .44
$ 770.00
$
f
$
2,250.00
225.00
55.0c
$ 2.40
$
$
12.50
13.50
375.00
325.00
$
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTMCT ia
The Signal Group, Inc
715-1 1-223
71 5-1 1-224
715-20-1
7 1 5-2 'I -1
715411-135
715-411-150
750-80
F&l
400W HPS Lamp Only, FBI
750W HPS Lamp Only, F&l
Scheduled Cleaning LU
Luminaire Starter Board, F&l EA
Lighting Pole Complete
(35' Aluminum, Single Arm), F&l
Lighting Pole Complete
(50' Aluminum, Single Arm), F&l AS
Telephone Service Pi
EA
EA
AS
TOTAL FOR EACH ITEM:
FURNiSH AND INSTALL -THIS PAGE
Hurricane Emergency Rate:
3 Man Crew with buckeffpick up and trailer
BID 1107-054
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCrtON CONTRACT
PER HOUR
110.00 s
19
s 32.oa
$ 46.00
$ 75.00
$ 175.00
$ 2,645.00
$ 3,278.00
$ 662.00
420,750.20 d
The Signal Group, Inc.
TRAFFIC SIGNAL & STREET LIGHT MAINTENANCE
BID UNIT
PRICE SCHEDULE
OPTION "A"
TRAFFIC SJGNAL MAINTENANCE SCOPE OF WORK
1 CONTRACTOR shall, In general, be responsible far providing twenty four (24) hour, seven (7)
days a week "maintenance" on traffic control devices and/or street lighting at locations defined
in Schedule "A" Additions or deletions to SCHEDULE "A", may be made by the COUNTY
from time to time whenever traffic signals or street lights are constructed or abandoned or
materially changed The COUNTY shall notify CONTRACTOR in writing of such additions and
deletions no less than five (5) days prior to the effective date of the change The addition or
deletion will alter the contract amount as defined in SCHEDULE '73''
2 "Maintenance" shall mean all repairs, both routine and emergency necessary for the continued
operation of the specified equipment It shall include replacement of parts in the field, bench
work, testing of components, repair of circuits, field locates. a replacement of lamps and other
steps necessary without exclusion except as noted herein
3 This contract shall expressly cover only work outlined herein, however, CONTRACTOR shall
be obligated to perform other such additional work in connection with repairs as specified
herein at rates defined in SCHEDULE "E" or by negotiations where specific items are not
covered
4 A record system is essential to this contract and CONTRACTOR will be required to maintain
records for the COUNTY as a part of his duties Records will include trip reports, work orders,
parts replaced, inventory, and timing changes as directed by the PROJECT MANAGER The
CONTRACTOR shall log in the Cabinet Log Book any work performed Copies of all records
shall remain the property of the COUNTY and shall be available for public inspection during
regular business hours, and one copy for the COUNTY use shall be furnished to the TRAFFIC
OPERATIONS SUPERVISOR
5 Maintenance shall include routine inspection on all traffic signal devices with a preventative
maintenance routine as follows:
Patrol all locations Bi- Monthly: See Schedule "E"
All locations spot replace signal indication outages on emergency basis
CONTRACTOR shall establish and maintain effective and rapid lines of supply for required
items. Upon the COUNTY'S notice of need, all parts orders shall be placed by
CONTRACTOR, at CONTRACTOR'S expense CONTRACTOR shall maintain drawings and
catalogs of various items serviced to expedite parts supply requirement All work, materials,
methods, etc, shall correspond to requirements of FDOT, ITE, IMSA, and the MUTCD as
applicable
A "NOTIFICATION OF FAILURE" system is essential to the operation of the contract
COUNTY and CONTRACTOR shall devise a basic system of communications so that the
COUNTY'S employees shall have the responsibility of notification to CONTRACTOR
whenever emergency or routine service is needed CONTRACTOR'S responses under this
contract shall be predicated on receiving appropriate notice as to the exact location (reference
the location number from SCHEDULE "A") the nature of the malfunction and required service
(routine vs emergency) "EMERGENCIES" shall be responded to by CONTRACTOR, as soon
as possible, and within a two (2) hour period "EMERGENCIES" are to be determined by the
6
7
BID 107-059
20 SIGNAL MAINTENANCE L MASTER
CONSTRUCTION CONTRACT
The Signal Group, Inc.
OPTION "A" - Continued
reporting agency; 91 1, COUNTY, and all law enforcement agencies Routine problems will be
responded to within a period of four (4) hours Street lighting repairs shall be completed within
a forty-eight (48) hour period unless a parts acquisition problem exists In this case the
COUNTY will be notified of the anticipated completion date "EMERGENCY" streef lighting
repairs, due to knock down will be responded to by CONTRACTOR as soon as possible and
within a six (6) hour period Temporary repairs, including the safe- guarding of all circuitry, etc
shall be accomplished as under "EMERGENCY" above
CONTRACTOR shall notify the COUNTY of recording devices, phone numbers and locations
of individuals assigned to maintenance of this contract and shall assure their avaiLability within
its terms Digital beepers shall be used by the maintenance technicians receiving messages in
the field. Telephones utilized by the CONTRACTOR for COUNTY work must be accessed
through a local exchange
8. In order to insure a "Constant State of Readiness" the CONTRACTOR shall maintain, at his
expense, the minimum inventory as described in Schedule "B", the COUNTY will verify the
existence of this material by inspection of the CONTRACTOR'S facility This inventory is
maintained to facilitate the activities of the CONTRACTOR'S Crews and is not subject to
repurchase by the COUNTY, under the Special Provisions of this document
Where the COUNTY desires like-kind spares for certain Crjtical Controller Locations, the COUNTY
shall be responsible for providing same
Where extended outages are expected due to the unavailability of replacements for failed equipment,
CONTRACTOR shall provide temporary operations when possible, but shall not be liable for the four
(4) hour repair time or any consequential action as a result of the temporary or emergency operation
in so far as it differs in phasing, timing. etc , from the norm If desired by COUNTY, CONTRACTOR
will stock any spares for street lighting (poles, luminaries, etc ) that the COUNTY requests
9 EXCLUSIONS:
A. Repair under base contract price of equipment damaged by hurricane, flood, windstorm,
hail, lightening, war, shooting, civil commotions, riots, nuclear blast or any "ACTS Of
GOD", beyond the control of CONTRACTOR For repairs necessitated by these and other
causes not specifically due to wear and tear, routine or random failure, CONTRACTOR
shall submit bills for repair at the rates defined in SCHEDULE "B"
B. "KNOCKDOWN" caused by high loads, uncontrolled vehicles, under mining, collapse,
work done by othets causing lowezing, misalignment, ox xeadjustrnent, etc. Work to
remedy afore names shall be done by CONTRACTOR at the rates defined in
SCHEDULE "A". CONTRACTOR shalI keep detailed records for use by COUNTY in
pursuit of' claims against others It shall be the responsibility of COUNTY to seek
redress against thiI-d (3rd) parties iesponsible for, such damage and bills for, such
damage shall be paid by the COTJNTY, unless othex arrangements are agreed upon
10 CONTRACTOR shall invoice COUNTY on a monthly basis for services performed Services
performed shall be designated as either regular or "EXTRA" and shall be invoiced accordingly
A Regular services will be invoiced at a "base" amount which will be expressed in
SCHEDULE "6" of this agreement This "base" amount will be for a three (3) year term
with the option of two (2) one (1) year extensions, subject to modification for additions and
deletions to SCHEDULE "A" at rates expressed in SCHEDULE "0" All materials, that are
not supplied by the COUNTY and are not included in the Master Construction Contract Bid
BID iV07-059
CONSTRUCTION CONTRACT SIGNAL MAINTENANCE & MASTER 21
The Signal Group, Inc
Unit Price Schedule, used in the Execution of CONTRACTOR'S rendering of routine and
emergency maintenance services will be invoiced to the COUNTY at CONTRACTOR'S full
cost plus percent. Sufficient documentation of materials used will accompany
CONTRACTOR'S invoice each month
Current Unit Prices shall remain in effect for three (3) years Unit Price changes may be
proposed by the Contractor for the fourth (4h) and fifth (5Ih) year
8 "Extra" billing for services performed at the COUNTY'S request will be invoiced once a
month These billings shall be for sewices performed by CONTRACTOR that are either not
specifically included in this agreement for services or are specifically excluded as per
paragraph nine (9) Charges for work performed under this classification shall be based on
an hourly rate (SCHEDULE "6") for equipment usage, travel time, shop time and field labor
time. Materials that are not supplied by the COUNTY but are used will be invoiced to the
COUNTY by CONTRACTOR'S full cost plus percent. All billings under this
classification shall be accompanied by sufficient documentation for the COUNTY to identify
and confirm initial request for services, as well as copies of Vendor's Invoices for materials
l5
C Extra service billings for insurance claims will be invoiced once a month and shall be
separate from other charges
11
12
The term of this agreement will be three (3) years with an option for two (2) one (1) year
renewals, the agreement may be extended upon agreement by both parties Contract Unit
Prices shall remain in effect for three (3) years. Unit Price changes, may be proposed by the
CONTRACTOR for the fourth (4th) and fifth (5"') year of the contract This agreement may be
terminated by either party, at their pleasure upon the next expiration date by serving the other
party with a thirty (30) days notice of intent to cancel
Under this agreement, CONTRACTOR agrees to provide special work, equipment and service
when requested by the COUNTY at the amounts shown in SCHEDULE "D" These services
shalt be for the purpose of completing the effective installation and operation of the
COUNTY'S traffic control system
BID #07-D69
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT
22
The Signal Group, Inc.
OPTION "A" - Continued
SPECIAL PROVISIONS
1
2
3
4
5
6
7
8
Contract shall allow for providing all materials, equipment and services necessary to provide
County-wide signalization services including emergency on-call response, new construction,
rehabilitations, selected maintenance of traftic signals, traffic monitoring sites and streetlight
facilities on all County-wide roads
Work covered under this contract is intended to include repair and maintenance necessary
because of normal wear and tear and minor incidental damage
In the event of sudden, and unexpected damage, such as a catastrophic loss due to
knockdowns, floods, hurricanes, severe and prolonged lightening discharge, fires, riots, civil
disturbances, wars, etc , necessitating extensive and major repairs beyond and in excess of
those normally expected, CONTRACTOR shall only be required to repair or replace equipment
under the "cost plus" basis
It shall be the responsibility of CONTRACTOR to call to the attention of the COUNTY those
instances where extensive repairs are necessary and where it is economically advantageous
to the COUNN to replace equipment rather than repair it
In the event that CONTRACTOR shall be deemed to have substantially failed to perform
satisfactorily under this contract, by the COUNTY representative, he shall be so notified and
given thirty (30) days, this contract may be canceled and voided after payment of only those
just debts and expenses incurred by CONTRACTOR on behalf of this contract In addition all
inventory stocked by CONTRACTOR specifically for this system shall be paid for under
contract provisions, and become the property of the COUNTY (as if used)
Due to the nature of this contract CONTRACTOR must have a current Certificate of
Qualification from the Florida Department of Transportation A copy of the current Certificate
of Qualification must be attached to the Bid documents for this Bid to be valid
At the time of Bidding CONTRACT'OR must have a current St Lucie County Electrical
Contractors license and a copy must be attached to the Bid documents or this Bid will be
invalid
CONTRACTOR to provide an IMSA Certified Level II or higher Traffic Signal Technician
Technician must have TS2 experience and training on Econolrte equipment and programming
Intersections, which are Interconnected or otherwise operating under the control of a Remote
Master Controller/Central Computer must be supervised by a verifiable AREA
SUPERlNTENDENT who has successfully installed and operated Interconnected systems of
four Intersections or more, operating with Aries software
CONTRACTOR shall submit, for approval by the COUNTY, the
resume'(s) of the proposed AREA SUPERINTENDENT and Technician(s). In the event that
the CONTRACTOR experiences personnel changes during the course of this contract the
CONTRACTOR must notify the COUNTY in writing within thirty (30) Days. CONTRACTOR
shall also submit the resume of the replacement personnel at this time Failure to provide
properly qualified staff shall result in a reduction of twenty percent (20%) for the monthly base
maintenance bill for a period of two (2) months Failure to provide properly qualified personnel
within sixty (60) days shall result in termination of this contract
BID $07-059
SIGNAL MAINTENANCE L MASTER
CONSTRUCTlON CONTRACT
23
The Signal Group, Inc.
(SPECIAL PROVISIONS CONT’D)
OPTION “A” - Continued
9 All Mast Arms shall be galvanized The cost of all subsurface analysis and structural
engineering to ensure the proper design and sizing of the mast arms and mast arm foundation
shall be the responsibility of the CONTRACTOR and shall be included in the unit price for
each mast arm assembly. All certified reports and design criteria shall be submitted for the
Owner‘s records
The CONTRACTOR will be issued a purchase order for mast arms prior to the beginning of a
project due to the excessive lead-time associated with this product.. The CONTRACTOR will
not be reimbursed for the storage of these mast arms prior to their installation The costs for
storage will be included In the bid items for mast arms
The CONTRACTOR is required to order mast arms within ten (IO) days of receipt of purchase
order unless otherwise directed by the COUNTY Failure of the CONTRACTOR to fulfill the
obligations of this contract could constitute grounds for canceling the contract
Ail mast arm foundations shall be designed for the ability to reconfigure and install additional
signal heads and signs in the future. The foundations shall be designed for the maximum
allowable number of signal heads on the designated segment length of the mast arm and the
addition of a sign
BID XO7-059
SIGNAL MAINTENANCE 6 MASTER
CONSTRUCTION CONTRACT
24
ST. LUClE COUNTY, LIST OF SIGNALIZED INTERSECTIONS
SIGNAL NO:
03
04
05
06
07
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
26
27
28
29
BID #Of459
SIGNAL MAINTENANCE .4 MASTER
CONSTRUCTION CONTRACT
SCHEDULE “A“
LOCATION
MIDWAY RD & US 1
MIDWAY RD & OLEANDER BLVD
OLEANDER AVE EDWARDS RD
SUNRISE BLVD & EDWARDS RD
SOUTH 25TH ST & EDWARDS RD
WINTER GARDEN PKWY & KINGS HWY
ORANGE AVE & KINGS HWY
ANGLE RD & KINGS HWY
ST LUClE BLVD & KINGS HWY
ST LUClE BLVD & U S 1
INDRIO RD & KINGS HWY
INDRIO RD & U S 1
KINGS HWY & U S 1
AIA 8 ATLANTIC BEACH BLVD
OLD DIXIE HWY 8 AIA
AIA&US I
NORTH 25TH ST & ST LUClE BLVD
MIDWAY RD & SOUTH 25TH ST
NORTH 39TH ST & METZGER RD
NORTH AIA & BRYNMAR
OLD DIXIE HW & HARBOR BRANCH
ORANGE AVE & HARTMAN RD
GLADES CUTOFF RD &LANDFILL
SUNRISE BLVD & BELL AVE
25
TYPE
ACT
ACT
ACT
ACT
ACT
ACT
ACT
ACT
MAF
ACT
ACT
ACT
ACT
ACT
ACT”
ACT
ACT
ACT
SWF
SWF
ACT
ACT
SWF
SWF
SCHEDULE "A", Continued
32
33
34
35
36
38
39
40
41
42
43
45
47
48
53
56
103
113
114
115
116
NOTE:
U S 1 & NORTH 25TH ST
EDWARDS RD @ FT PIER1
RIO MAR DR & U S 1
ACT
CENTRAL HS ACT
U S 1 & SPANISH LAKES BLVD
U S 1 & SAVANNA CLUB BLVD
MIDWAY RD & GLADES CUTOFF RD
MIDWAY RD & WEATHERBEE RD
MIDWAY RD & SELVITZ RD
NORTH 2kjTH ST & JUANITA AVE
US I&EASYST
ANGLE RD & NORTH 3gTH ST
MIDWAY RD & 1-95 SOUTHBOUND EXIT
EDWARDS RD & SELVITZ RD
U S 1 & KllTERMAN RD
TORINO PKWY & MIDWAY RD
JENKINS RD 8, ORANGE AVE
PRIMA VISTA BLVD & U S 1
RIO MAR DR & PRIMA VISTA BLVD
NARANJA AVE & PRIMA VISTA BLVD
FLORESTA AVE & PRIMA VISTA BI-VD
PRIMA VISTA @? AIROSO-FIRE STATION
* PRE-EMPTION = 3
ACT - ACTUATED SIGNAL 38
SWF -SPAN WIRE FLASHER = 6
MAF - MAST ARM FLASHER = 1
ACT
ACT
ACT
ACT'
SWF
ACT
ACT
ACT
SWF
ACT
ACT
ACT
ACT
ACT
ACT
ACT
ACT
ACT
ACT'
BID #07-059
CONSTRUCTION CONTRACT
SIGNAL MAINTENANCE a MASTER 26
The Signal Group, Inc.
S CH ED U LE " B "
BASE CONTRACT AMOUNT
A. For scheduled maintenance of all signalized intersection from SCHEDULE "A" , , , $ 9,00O/mo
Nine thousand dollars and no/loo-----
8. For additions or deletions during contract period: add or subtract from "base amount" accordingly:
Flashers-span wire . . , . .. . , . . $ 7 5 . omo.
Flashers-mast arm , ~, . . $ 75.09rn0
200.0~* Signalized Intersections , .. . . s-
Seventy Five dollars and no/loo
Seventy Five dollars a'nd 'no/loo
SCHEDULE "C"
EXTRA BILLINGS
1 Repairs to equipment returned to manufacturer by CONTRACTOR shall be paid, for by
COUNTY, at CONTRACTOR'S full cost plus 25% percent All billing for services of
this nature, will be supported by copies of manufacturer's invoice
2 Shop, travel and field labor hourly billing rate
includes one technician with truck 62.50 !Hr $
1 The COUNTY shall be advised of items which require replacement. Upon written
approval from the COUNTY the CONTRACTOR will proceed with the repairs and
invoice according to the unit prices found in the Construction Contract
2 Equipment hourly billings rate:
Auger Trucks--42" with Operator
Bucket Trucks height up to 36'
Bucket Trucks height above 35'
Trenching Machine 30" x 4"
Concrete Saw with Operator
18 Ton hydraulic crane w/Operator
Sewice aerial unit w/Operator
Backhoe with Operator
$ 96.00 IHr
$ 48.00 /Hr
$ 48.0" IHr
$ 45.00 /Hr
BID 107-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT 27
The Signal Group, InC.
SCHEDULE "D"
SPECIAL LABOR AND EQUIPMENT SERVICES
1 Vehicle Detector Loop Cutting: Asphalt $ 150.00 EA
, $ 375.00 EA Concrete .. ..
2 Foundation Excavation per DOT ,$ 400.00 EA Speciflcatlons (3~3~6)(norninal)
3 Concrete Poles:
Unloaded at job site, erected in place & poured:
Class V 34'-44' .
Class VI 40'- 50' $ 1,200.00 EA
$ 1,200.00 E* Class VI1 44'- 58'
4 Pipe Pushing-2" $ 12.50 EA
5 Street Lights: Aluminum Poles, unload at job site & erected:
Mounting height to 35' $ 450.00
Mounting height above 35' $ 450.00 EA
Install new concrete base $ 750.00
6 Street Lights:
480V 4OOW HPS 8allast ONLY F&I . $ 275-Oo EA
400W HPS Lamp ONLY F&I $ 78. OOEA
750W HPS Lamp ONLY F&l $ 98.00 EA
7 Microwave Detection(4 detectors and all associated
hardware)for detection during construction $ 7500.00 PER Intersection
8 Microwave Detection(1 detectors and all associated
hardware) for detection during construction $ f 875. O0 PER Direction
NOTES:
All prices above are for labor and equipment ONLY
Equipment and service rates shall be subject to normal equipment rental procedures and regulations
For the work directed to be performed other than above, CONTRACTOR'S cost (including overhead)
plus an amount equal to 5 % shall be the basis for payments in accordance with the
provisions of the Florida Department of Transportation Standard for Road and Bridge Construction
schedule of force account work
BID 107-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT 20
The Signal Group, Inc.
1
2
3.
4.
5
6
7
a
9
10
11
12
13
14
7.5
16.
17
18.
f9
SCHEDULE "E"
BI-MONTHLY PATROL CHECK-IN
Verify time setf ings match master time sheet
Verify proper controller operation
Check vehicle detectors for proper operation
Check for proper interconnect operation - blown fuses, proper switch position, etc
Check clock for correct time and day
Check surge protection devices
Check operation of fan and thermostat
Check vehicle and pedestrian signals for outages, alignments, physical damage, etc
Check poles, span wire, and cables for damage
Check pedestrian detectors for proper operation
Check loops for exposed wires, poor sealant, potholes, etc
Check hand holes and pull boxes for damage and proper drainage
Clear weeds from around cabinet, pull boxes, poles, etc
Check area around control cabinet for wash-outs especially near canals
Vacuum cabinet, clean equipment, and replace filters as needed
Check condition of signing and pavement markings
Check cabinet base sealant
Check cabinet for "Before You Dig Signs"
Verify proper operation of video detection as required
BID M7-059
SIGNAL MAINTENANCE B MASTER
CONSTRUCTION CONTRACT 29
1
2
3
4
5
6
7
8
9
10
11.
12
13
14.
15
76
17
18
19
20
21
The Signal Group, Inc.
SCHEDULE "F"
ANNUAL OVERHAUL CHECK-LIST
Verify time settings match master time sheet
Verify proper controller operation
Check vehicle detectors for proper operation
Check for proper interconnect operation - Blown fuses, proper witch position, etc
Check clock for correct time and day
Check surge protection devices
Check operation of fan and thermostats
Check vehicle & pedestrian signals for outages, alignment, physical damage, etc.
Check poles, span wire, mast arms and cables for damage
Check pedestrian detectors for proper operation
Check loops for exposed wires, poor sealant, potholes, etc
Check hand holes and pull boxes for damage and proper drainage
Clear weeds from around cabinet, pull boxes, poles, etc
Test and certify Conflict Monitor for proper operation: conflict, 24-volt fail, etc
Check service for proper voltage
Vacuum cabinet, clean equipment, and replace filter
Lubricate locks and hinges
Apply insect control if needed
Check vehicle signals for proper sight distance and vertical clearance
Check signals for repainting needs
Check condition of signing and pavement marking
BID 1107459
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
30
The Signal Group, Inc
SCHEDULE "G"
ST. LUClE COUNTY
TRAFFIC SIGNAL MAINTENANCE & CONSTRUCTION CONTRACT
INVENTORY I SPARE PARTS LIST
QUANTITY
8
8
4
8
8
4
4
8
2
2
10
6
6
2
1
4
4
4
8
8
4
4
20
2
4
10
2
2
4
3
1
4
4
4
4
4
4
a
DESCRIPTION
Span Wire Clamps
Adjustable Hangers
Extension Pieces for Adjustable Hangers
18 Circuit Disconnect Hangers
Tri-Stud Flange Hangers for Disconnects
12" 1 Sect Die-cast Alum Traffic Signal Head with LED lens
12" 3 Sect Die-cast Alum Traffic Signal with LED lens
12" 5 Sect Die-cast Alum Traffic Signal with LED lens
1 Way 1 Section Pedestrian Signals LED
3 Section Back-plates
5 Section Back-plates
12'' Tunnel Visors
135 Watt 120 Volt, 8000 Hr Traffic Signal Lamps
90 Watt 120 Volt, 8000 Hr Traffic Signal Lamps
2 Way Top & Bottom Brackets
3 Way Top & Bottom Brackets
18" - 3/4" Galvanized Eyebolts
22" - 314" Galvanized Eyebolts
24" - 3/4" Galvanized Eyebolts
1/4" Stranvises
3/8" Stranlinks
114" Stranlinks
J Line Hardware (Sets)
1201240 Volt, 175 Watt Lightningisurge Arresters
Adjustable Sign Hanger Brackets
Nema toad Switches
MMU's 16CN
Conflict Monitors
Flash Transfer Relays
Flashers
Portable "Suitcase" Controller DiagnosticlTest Equipment TS2 Type
Red Led
Yellow Led
Green Led
Red Arrow
Yellow Arrow
Green Arrow
3t8" Stranvises
BID #07-059
SIGNAL MAINTENANCE 6 MASTER
CONSTRUCTION CONTRACT
31
The Signal Group, Inc
RASED ON BID UNIT PRICES
NOTE: This Bid is on a unit price basis
Contact Person Don t. Copeland, Jr.
Business Address
City, State, Zip Code Jupiter, FL 33458
Business Phone Number
7- ax Number
33 Commerce Way
I
(561) 744-3206, ext. #35
(561) 744-3207
Cell Phone Number (561) 719-6745
BID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
32
The Signal Group, Inc
BIDDERS QUALIFICATION FORM
BID M7-059
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
1 Other pertinent information is as follows:
License Number
(Please Attach Copy) EX ( attached
Federal Tax ID# 65-0243807
Federal Employment ID # 65-0243807
Submitted on this 2 day of May ,2001
Check Appropriate Box:
If an individual 0, partnership 0, or corporation
Signature of BIDDE -*
Name, Title
Printed Don L. Copeland, Jr. President
Name, Title, Printed T. H. Mayf ield, Secretary/Treasurer
1 tf Corporation Only:
Attested by Secretary </ '$!--bf&
Organizedllncorporated under the laws of the State of /4
BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER
SHALL BE REJECTED AS NON-RESPONSIVE. NON-CONFORMING AND INELGIBLE FOR AWARD
STATE OF FLORIDA
COUNP/OF Palm Beach
Sworn to and subscribed before me on this E day of May 120- 07
who 0 is personally known to me or by Don. L Copeland, Jr.
following type of identification.
Notary seal (stamped in black ink)
.*e :*z OR g*:
Zz'. #OD197218 ~TZ Printed, typed or stamped name of Notary and *= -. -
Commission Number. 3% .' QS // 3'. *p +$led Ihn, +.*.* 3 e
$$,,,,c"dOp,$
4!/ 49(,;,';;~@\\\* ~''%,,, , , , , , I\\\\\'
BID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
33
The Signal Group, Inc.
BIDDER'S QUALlFfCATIONS STATEMENT
BID #07-059
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND
ANSWERS HEREIN CONTAINED:
BIDDER'S GENERAL INFORMATION:
Bidder shall furnish the following information
non-responsive and may cause its rejection Additional sheets shal! be attached as required
1
Failure to comply with this requirement will render Bid
Bidder's Name, Principal Address, Phone and Fax Number:
- --
The Signal Group, Inc.
33 Commerce Way, Jupiter, FL 33458
--
Telephone: ( 561 ) 744-3206 Facsimile: ( 561 I 744-3207
2
3
Number of years as a Contractor in this type of work:
Names and titles of all officers, partners or individuals doing business under trade name:
years
Robert A. Higginbotham, vice President Don L. Copeland, Jr., President
4
5
6
7
8
T.H. Mayfield, Secretary/Treasurer Edward T. Shea, Vice President
Please provide proof of State Certification and/or State Registration by attaching copies of State
Certifications State Registrations shall also be accompanied by proof of St Lucie County
CertWcate(s) of Competency by attaching copies of County Certificate(s) Possession of either a
State License or Certification must be attained prior to bid submittal.
The business is a: Sole Proprietorship 0 Partnership 0 Corporation
Name, address, and telephone number of surety company and agent who will provide the required
bonds on this contract'
Mr. Jason Katz of Nielson, Rosenhaus h Associates
4000 South 57th Avenue, Suite #201, Lake Worth, FL 33463 -
( 561) 432-5550 Fax: ( 561 1 432-5442
What is the last project of this nature that you have completed?
Martin County 6OCC Annual Malntenance Aqreement
Have you ever failed to complete work awarded to you If so, when, where and why?
NO
L%t thepertinenrexperiezce of the key individuals of your organization (continue on insert sheet, if
BID 107-059 34 SIGNAL MAINTENANCE
AN0 MASTER CONSTRUCTION CONTRACT
The Signal Group, Inc.
necessary)
Enclosed
a
9
10
11
State the name and licensing of the individual who will have personal supervision of the WORK
Robert A. Higginbotharn, Vice President and Qualifier. State of Florida
Registered Electrical Contractor.
. -.___~
Will you sublet any part of this WORK? If so, give details
NO
What equipment do you own that is available for the WORK? (Attach additional sheets as necessary)
Attached
~-
What equipment will you purchase for the proposed WORK?
None
~~~
17 What equipment will you rent for the proposed WORK?
None
18 Attach a Balance Sheet, Profit and Loss Statement, or Income Tax Return, which has been signed by
a certified public accountant of the undersigned
Attached ~-
The BIDDER acknowledges and understands that the information contained in response to this
Qualification's Statement shall be relied upon by COUNTY in awarding the contract and such information
is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the COUNTY to reject the Bid, and
if after the award, to cancel and terminate the award and/or contract
The BIDDER also acknowledges that all information listed above may be checked by the COUNTY and
authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby
indemnifies the COUNTY and persons or entities listed above and hold them harmless from any claim
arising from such authorization or the exercise Ihereof, including the dissemination of information
requested above .-
BY (Signature)
BID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
Date 22nd May 2007
35
PURCHASING
DEPARTMENT
Neil Appel, Director
ADDENDUM #I
RFP #07-059
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
April 24, 2007
To: All Prospective Bidders:
The following changes, additions, clarifications, and deletions amend the Bid Documents of the
above captioned Project, and shall become an integral part of the Contract Documents. Please
note the contents herein and affix same to the documents you have on hand. Indicate on the Bid
Form that this Addendum has been received.
CLARIFICATIONS/CHANGES
There will be a MANDATORY pre-bid meeting held on Friday, May 11, 2007 at 1O:OO A.M.
The meeting location is: Purchasing Conference Room, Room 228, 2”d Floor, Roger Poitras
Annex, 2300 Virginia Avenue, Ft. Pierce, FL 34982. Only those bidders attending this meeting will
be able to submit a bid for this project. Also, this will be the last day io submit any questions
regarding this project.
Please sign and return by mail or fax to (772) 462-1704.
NAME OF FIR^--.!^ .~LG .
SIGNATURE:
ADDENDUM #I - RFP #07-059
SIGNAL MAINTENANCE AND MASTER
CONSTRUCTION CONTRACT
Page 1 of 1
JOSFPH E SMITH. Dirtnct No 1 DOUG COWARD. D~stricl NO 2 * PAULA A LE WE. D~stnct No 3 * CHARLES GRAND€, District No 4 * CHRIS CRAFT. Distn~t No 5
COWTY ADMINISTRATOR -DOUGLAS M ANDERSON
2300 Virginia Avenue For# Picrce. FL 34982-5652 - (772)462-1700 FAX (7721 462-1294
3; May. 22, 2007 11:41AM ST. LUCIE COLSTY PUKCHASING . .. No. 1833 P. l/3
"n.
'-lW
:u
BOARD OF COUNTY PURCHASING
COMMISSIONERS DEPARTMENT Neil Appel, Dlrector
ADDENDUM #2
RFP #07659
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
May 22,2007
To: All Prospective Bidders:
The following changes, additions, clarifications, and deletions amend the Bid Documents of the
above captioned Project, and shall become an integral part of the Contract Documents. Please
note the contents herein and affi same to the documents you have on hand. Indicate on the Bid
Form that this Addendum has been received.
CLARIFICATIONWCHANGES
THE BID OPENING DATE HAS BEEN CHANGED TO: FRIDAY, JUNE 1,2007 AT 3:OO P.M.
QUESTIONS SUBMITTED:
Q1. Please clarify the meaning of Total Contract Amount to support the 5% Surety request. Is
the Unit Price Schedule included in the overall contract price or is the 5% to be based on
Schedule B, Schedule C, Schedule D?
There is no 5% Bld Security required for this bid. A Publlc Construction Bond will be
required.
Al.
Q2.
A2.
Page 8 section 00810 (Publlc Construction Bond) must be sent filled out with the bid. This
is usually for the execution of a contract (not for bidding). Please clarify.
Page 8 requesting executed Public Constructlon Bond is a clerical error. The Pubtlc
Construction Bond Is for the execution of the contract.
Page 1 of 5
ADDENDUM P2 - WP @7069
SIGNAL MAJNTENANCE AND MASTER
CONSTRUCTlON CONTRACT
JQSBPH S SMITH. Ma NO. I 'DOUG COWARD. Dimicc Na 2 . PAU A. LEWIS. DimiCI NO. 3 ' CHAPLES ORAND& lhkl NO. 4 * CHFS CRAFT, Dim;rl NO. 5
COUKFY ADMDJISTRATOR - WUou\S M. ANDERSON
233MIViAvmnw . FMI Pia. FL34982-56S2 (772>162-1700 FAX (7n)46l-I2M
Received Time Mdy. 22. 10:43AM
May. 22, 2007 11 :41AM ST. LUCIE COUNTY PU?CdASING No. 1833 P. 2/5
Following are the minutes from the Mandatory Pre-bid Meeting, end the sign-in sheet is attached.
Pre-Proposal Conference Meetlng Minutes
RFP #07-059
Name: Sfgnal Maintenance and Master Construction Contract
Date: May II, 2007
Attendees:
Horsepower Electric, lnc. Juljo 305-818-4060 305-819-4222
The Signal Group, Inc. Ed Shea 561 -744-3206 561 -744-3207
Professional Highway Mafnl. Greg Felsman 727-545-7976 727-545-4559
The Signal Group, Inc. Dan Lewis 561-744-3206 56 1-744-3207
County Staff
Ann Amandro, Traffic Operations Supervisor
Gene Snedeker, Traffic Signal Systems Analyst
Neil Appel, Director Purchasing
Audrey Knott, Executive Assistant
Maryann Collins, Purchasing Agent
The meeting commenced at 1O:OO A.M.
Neil Appel confirmed that this was a Mandatory Pre-Proposal Meeting for Request for Proposal # 07-
059 Signal Maintenance and Master Construction Contract. Neil Appel also stated that any
companies that were not in attendance at this Mandatory Pre-Proposal Meeting, and submitted an
RFQ, would be deem Non-Responsive.
Neil Appel also confined that the RFP closing date, as listed in the RFP Package, is Wednesday,
May 23, 2007 at 3100 PM and that all inquires should be direcied to him via email or fax. Any
questions that come to him will be distributed to everyone in attendance as an Addendum.
Neil Appel stated that a copy of the Attendance Sheets and the Minutes would be distributed to
everyone at this meeting.
Neil Appel then asked if there were any questions on Terms and Conditions, Contractually or any
items in the Bid List. Neil stated that there is a Maintenance Bond and a Bid Bond.
Questions and Answers
Q: What would be the specific procedure on pay items that are not in contract?
A: We negotiate at that point. It is also listed in the "General Conditions".
Page 2 of 5
ADDENDUM #2 - RFP W7959
SIQNAL MAINTENANCE AND MASTER
CONSTRUCTION CONTRACT
May, 22. 2017 I':41AV ST. LUCI; COUXTY Dli!Ch'ASiNG No. 1833 P. 3/5
Q:
A.
Q,
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q,
A.
Q.
A.
With respect to high volatile items, copper, aluminum, steel, generally Is pricing to be held for the
duration of the contract?
The contract k a three year contract with two optional one-year extensions. At the time
of the extenslons you have the rlght to Increase at that point.
This is a monthly retainer contract, correct?
Yes. It Is not specific to how many Intersections there are. If we have to add or delete,
the monthly amount either increases or decreases.
What kind of terms are going to stipulate with respect to a construction job within the limitations
of the County and the responsibilities that the maintenance contractor has?
The maintenance contractor has no responsibility if an intersection is under construction,
Is that from the point that the contract starts or is that from the point that the contractor begins
the work on that intersection?
It Is at the polnt that the County tells you that the Intersection is under contract.
At what point to you take that intersection back?
When we accept it,
Your response times are noted in the contract?
Yes. Routinely you have 4 hours to respond. In an emergency you have 2 hours to
respond.
With regard to Hurricane, we will go on a case by case basis?
This contract goes on hold with a hurricane. There will be an "Emergency Hurrlcane
Contract" in place. DOT controls at Ulat polnt to a ceftaln polnt.
Will this contract be utilized by the county for removals to pre-hurricane?
No. That becomes my contract for pre-hurricane. If I am told that we are going into a
hurricane mode, and we remove signal heads, that Is under my contract.
So that will be dealt with individually.
Correct.
With regard to emergency service contracts with the DOT and its effect on the monthly
maintenance contract at that point does the monthly maintenance contract continue at your
directives or if it has to be modified would be modified at your directives at that point or will it
cease at a particular point because the DOT has stepped in?
It would cease because DOT stepped In. It would come upon my directive if it went either
way.
Are you going to require specific material if and when that case presents itself?
If it is an emergency, and we don't have the equipment in house to furnish what we want,
we would have to go with whatever Is provided.
Page 3 of 5
ADDENDUM #2 - RFP #07069
SIGNAL MAINTENANCE AND MASTER
CONSTRUCTION CONTRACT
Yiy. 22. 2607 11:42AM ST. 12CIE COUNTY ?I;IICHAS!VG No, 1833 P. 4/5
Q.
A.
Q.
A.
0.
A.
Q.
A.
Q,
A.
,I
Upon Phase 4 Final Repair at that point, you guys would have consulted wlth DOT and we would have specifics on specific materials required by individual municipalities at that point,
that would be specific directives that would be worked out once H contracts had been signed
and DOT meetings had been had. That would be worked our between you and DOT and then
we would have specific directives.
Yea. On Page 19 it says "Hurrlcane Emergency Rate 3 man crew with bucket, plck up
and trallet". We are asking for an hourly rate.
In the event that specific crews are need but not specified here how would you request or
handle that if you needed something other than a three man crew with a bucket truck for some
type of emergency work related to hurrfcanes?
It depends. We have done it in the past wlth the three man crew. I don't wait until the last minute so we have tfme to leave one head in each direction.
If you go to a fairly decent size intersection, are we required to take those signal heads back
to your facility or will the county have equipment and receive it?
If we have time, we will expect them to be brought back to us. They will have to be
marked as they are taken dawn. If we are pushed for time, the county wlll do
everything we can to assist in a situatlon. After the storm we might utilize that price as
we are waiting for DOT to get their contract in place. We do our own generators.
You still reserve the right possibly underneath or utilizing your maintenance contract or
possibJy working into negotiations with your signal maintenance contactor installations and
removals and those individually as needed if its necessary with a hurricane.
We will have to Walt and see what happens.
Are we still required under this contract if it is suspended due to Emergency Services contract
being in place? Are we still under obligation to maintain the minimum inventory list?
No.
The meeting adjourned at 10:30 AM.
After the meeting dispersed, one of the potential bidders brought up the subject of the new
intersections and the use of strand wire - strand wire shall be according to FDOT specifications.
Please sign and return by mail or fax to (772) 462-1 704.
Page 4 of 5
ADDENDUM I2 - RFP #07969
SIGNAL MAINTENANCE AND MASTER
CONSTRUCTION CONTRACT
JQSHPH E SMITH. Disbicr No. I DOUG COWARD. Dimin No. 2 - PAULA A LHWIS. Dimict No 3 - CnhRLes ORAND€, Dido No. 6 CHRLS cR4FI. Dimin No J
COUNTY ADmIST)ZATOR * DOUGLAS M ANDWON
79M Wkir Avmvm rn F- *- W, 349BI-5651 * (TL?)462-1700 - PAX (m) 462-1294 Received Time May. 22. 10:43AM
Way. 22, 2037 11:42AW ST. LllCIE COUNTY ?;?Cl-'ASING No. 1833 P. 515
SIGN IN SHEET
MANDATORY PE-BID MEETING
BID a7959
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION
CONTRACT
511 I12007 @ 10:OO A.M.
(PLEASE PRINT)
I.
PHONE m- 545- 1- '1559
COMPANY T-- COMPANY ' SLG
DWnUr v u5 , REPReSENTATIM REPRESENTATIVE
(COMPANY : 1
REPRESENTATNE
I -' lnue
Page 5 of 5 MDEWDVM 112 RPPO 07oIP OICMAL MAINTEUANCC AND MER CONSTRUCTION CONTUCT
JOSEPH E. SMITH. Ointrc! No. 1 * DOUQ COWARD. Dlsb-Id No. 2 PAULA A. LEWMS, Dhv(n No. 3 * CHARLES GRAND& Dim No. 4 - CHRIS CRAFT. Dlam No. S
RATOR - DOUGLAG M. ANDERSON e-, ,N-.. .- ...... "
Received TimealMay. 22, 10:43A$ wamm 0 ~Z~EZ-~~OO FAX ~2) 462-$284
INVITATION TO BID -
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
BID NO.: 07-059
DUE DATE: MAY 23, 2007
ST. LUClE COUNTY BOARD OF COUNTY COMMISSIONERS
PURCHASING DEPARTMENT
2300 Virginia Avenue
Fort Pierce, FL. 34982-5652
Fax (772) 462-1704
Ph (772) 462-1700
TABLE OF CONTENTS - 00010
BID #07-059
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
Section
1.
II.
111.
IV.
VI.
VII.
NOTICE TO BIDDERS
Invitation to Bid ............................................................................................................... 00105
Instructions to Bidders .................................................................................................... 00100
..
PROPOSAL FORM
Bid Cover Page Checklist ......................................................................................... 001 10
Bid Form. ...................................................................................................................... 00300
Biddets Qualification Form ............................................................................................ 00301
Drug-Free Workplace Certification ................................................................................. 00454
Non-Collusion Affidavit .......................................................................... 00455
Public Construction Bond ......................... ........................................................... 00610
CONDITIONS
General Conditions ................................................................................................... 00700 ,.
When completed and executed, these documents, along with the Plans and Specifications, collectively with
applicable Security and Certificates of Insurance for the Contractor, form the Contract for this Project.
BID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
2
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
SECTION 00105
INVITATION TO BID
Sealed bids will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL
34982, until 3:OO P.M. local time on WEDNESDAY, MAY 23, 2007, for the following:
BID #07-059 - SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
Bid documents may be obtained via the Internet by using the County's website at http:/lwww.co.st-
lucie.fl.us. If you do not have Internet access, you may obtain the documents by calling Demandstar by
Onvia at 800-711-1712 and request document #07-059 or contact the Office of the Purchasing Director
at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700.
Bids may be mailed or hand delivered to the St Lucie County Purchasing Department, 2300
Virginia Avenue, 2"d Floor Rm. 228, Fort Pierce, FL 34982. Any bids received after the above
stated time shall be returned to the bidder unopened.
Bidders shall submit ONE (I) MARKED ORIGINAL AND TWO (2) PHOTOCOPIES OF THE
COMPLETED BID PACKAGE in a sealed envelope. The Project Name, Bid Number, and time and date
of the Bid opening shall be clearly marked on the outside of the sealed envelope. Facsimile responses
shall not be accepted.
CAUTION: It is the bidder'dpmposer's responsibility to ensure that bids/proposals are received in the
Purchasing Department prior to the date and time specified above. Receipt of a bid/proposal in any
other County office does not satisfy this requirement.
Bidders may not withdraw their Bid for a period of ninety (90) calendar days after the bid opening date.
The Board of County Commissioners reserves the right to waive any informalities or minor irregularities;
reject any and all bids/proposals which are incomplete, conditional, obscure, or which contain additions
not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the
proposal which best serves the County.
For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at
http:l/www.co.st-lucie.fl.us St. Lucie County is an Equal OpportunitylAffirmative Action Employer.
Publish: April 22, 2007
BID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
3
SECTION 00100
INSTRUCTIONS TO BIDDERS
INDEX
Article
I .o
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
19.0
20.0
21 .o
22.0
23.0
24.0
25.0
Paraaraph Title
Documents
Examination of Contract Documents and Site
Questions
Substitutions
Addenda
Basis of Bid
Preparation of Bid
Bid Security
Public Construction Bond
Submittal
Withdrawal of Bid
Bidder's Qualifications Questionnaire
Disqualification
Governing Laws and Regulations
Trench Safety Act
Patent Fees and Royalties
Licenses and Permits
Award
Opening
Execution of Contract
Definitions
Certificate of Competency
Delivery of Clean Excavated Fill
Quantity of Work
Contractor's Own Forces
BID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
4
INSTRUCTIONS TO BIDDERS
In order to be considered responsive, all Bids must be made in accordance with these Instructions to Bidders.
1.0 Documents.
Bona fide bidders may obtain sets of Drawings
and Specifications via the internet
httD://w.DemandStar.com or by using the
County's websile at &!lwww.stlucieco.qov. If
you do not have internet access, you may obtain
the documents by calling Onvia Demandstar at
(800) 711-1712 and request document numbers
as stated in the Legal Notice or pick up plans at
the Office of the Purchasing Director at 2300
Virginia Avenue, Fort Fierce, Florida, 34982. (772)
462-1700 (non-refundable). No partial sets will be
issued. A "no bid" is non-responsive and shall not
be deemed a "Bona Fide" bid.
Examlnatlon of Contract Documents and Site.
It is the responsibility of each Bidder before
submitting a Bid. to:
2.1 Examine the Contract Documents
thoroughly.
2.2 Visit the site to become familiar with local
conditions that may affect cost, progress,
or performance. of the Work,
Consider federal, state and local Laws and
Regulations that may affect cost, progress,
or performance of the Work.
Study and carefulty correlate the Bidder's
observations with the Contract Documents,
and
Notilj the County of all conflicts, errors, or
discrepancies in the Contract Documents.
2.0
2.3
2.4
2.5
Information and data reflected in the Contract
Documents with respect to Underground Utilities
at or contiguous to the site is based upon
information and data furnished to the COUNTY
and the Design Consultant by Counties of such
Underground Utilities or others, and the County
does not assume responsibility for the accuracy or
completeness thereof unless it is expressly
provided otherwise.
Before submitting a Bid, each Bidder shall, at
Bidder's own expense, make or obtain any
additional examination, investigations,
explorations. tests. and studies and obtain any
additional information and data which pertain to
the physical conditions (surface, subsurface, and
Underground Utilities) at or contiguous to the site
or otherwise which may affect cost, progress, or
performance of the Work and which the Bidder
deems necessary to determine its Bid for
performing the Work in accordance with the time.
price, and other terms and conditions of the
Contract Documents.
The Contractor shall verilj and familiarize himself
with the lands upon which the Work is to be
performed, rights-of-way and easements for
access thereto and other lands designated for use
by the Contractor in performing the Work and
identified in the Contract Documents. All additional
lands and access thereto required for temporary
construction facilities or storage of materials and
equipment are to be provided by the Contractor.
Easements for permanent structures or permanent
changes in existing structures are to be obtained
by the County unless otherwise provided in the
Contract Documents.
BID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
3.0
4.0
5.0
6.0
7.0
A submission of a Bid shall constitute an
incontrovertible representation by the Bidder that
the Bidder has complied with evely requirement of
Article 2, "Examination of Contract Documents and
Site", herein. and that without exception the Bid is
premised upon performing the Work required by
the Contract Documents with such means,
methods, techniques, sequences, or procedures of
construction as may be indicated in or required by
the Contract Documents. and that the Contract
Documents are sufficient in scope and detail to
indicate and convey understanding of all terms
and conditions for performance of the Work.
Questions.
Submit all questions about the Drawings and
Specifications to the Purchasing Department in
writing via facsimile or email (email preferred).
Replies will be issued to all bidders of record as
Addenda to the Drawings and Speclflcations and
will become part of the Contract. The County will
not be responsible for oral clarlfication. Questions
received less than ten (IO) days before bid
opening cannot be answered.
Substitutions.
To obtain approval to use unspecified
products, bidders shall submit written
requests at least ten (10) days before the bid
date and hour. Requests received afier this time
will not be considered. Requests shall clearly
describe the product for which approval is asked,
including all data necessaly to demonstrate
acceptability. If the product is acceptable, the
Engineer will approve it in an Addendum issued to
all prime bidders to whom Drawings and
Specifications have been issued.
Addenda.
Any Addenda prepared and issued by the County
prior to opening of bids for the purpose of
changing the intent of the plans and specifications
or clarifying the meaning of same shall be binding
in the same way as if written in the specifications.
Any Addenda issued prior to the execution of the
Contract, shall be binding upon the Contractor
aRer the execution of the agreement.
8asis of Bid.
No segregated bids or assignment will be
considered. The bid shall be submitted on unit
price andlor lump sum basis as indicated on the
bid form Where items of work are to be paid for
on a unit price basis, estimaled quantities are
shown for the purpose of estimating total cost.
Final payment quantities for unit price shall be
those quantities actually constructed within limits
of plan quantities and modifications thereof
approved in writing in accordance with the General
Conditions. Section 00700.
Preparation of Bids.
Bids shall be made on unaltered Bid forms
included herewith under Section 00300-Bid Form.
Fill in all blank spaces and submit one (1) original
and two (2) copies. Bids shall be signed with name
and typed signature beiow. Where bidder is a
corporation. bids must be signed with the legal
name of the corporation followed by the name of
the state of incorporation and the legal signatures
of the officers authorized to bind the corporation to
a Contract. Bids submitted after the time and date
5
specified shall not be considered and shall be
returned unopened.
Bid security shall be made payable to the Board of
County Commissioners, St. lucie County, Florida,
in the amount of 5% of the total contract amount.
Security shall be either certified check, cashiers
check, or bid bond issued by a surety licensed to
conduct business in the State of Florida. Surety
shall have a rating of A+ or A by "Best's Rating
Guide". The accepted bidders security shall be
retained until he has executed the agreement and
furnished the required payment and performance
bonds. The County reserves the right to retain the
security of any or all of the remaining bidders until
the date stated on the bid form. If any accepted
bidder refuses to enter into a contract, the County
shall retain the difference between the amount
specified in said Bid and such larger amount for
which the County may in good faith contract with
another party to perform the work covered by said
Bid, not to exceed the amount of the Bid Security,
Such Security shall be retained as liquidated
damages but not as a penalty. The Bid Security
shall be enclosed with the Sealed Bid
8.0 Bid Security.
9.0 Public Construction Bond.
The accepted Bidder shall furnish the County a
Public Construction Bond in the amount of 100%
of the total contract amount from a surety licensed
to conduct business in the State of Florida. The
Surety shall have an A+ or A rating under "Best's
Rating Guide". The bond shall be submitted on the
form furnished herewith under Sections 00610.
The Public Construction Bond shall guarantee that
the Contract will be faithfully performed: that lhe
Contractor will save the County harmless on
account of all claim for damaged persons,
property or premises arising out of his operation
prior to the acceptance of the finished work; and
that he will promptly make payment to all persons
supplying him labor, materials, supplies and
services used directly or indirectly by the
Contractor in the prosecution of the work provided
for in the Contract. The Public Construction Bond
shall continue in effect for one (1) year after
completion and acceptance of the work as
guarantee against construction defects.
In the event the Surety Company becomes
unsatisfactory to the County, he may at his
discretion, require the Contractor to issue a new
bond in the same or lesser penal sum satisfactory
to him, to bc conditioned as above required Upon
the Contractor's failure to furnish such additional
or new bond within ten (IO) days from the date of
written notice to do so. all payment under this
Contract WIII be withheld until such additional bond
is furnished. The cost of the bond shall be
inc!uded by the Contractor in his bid.
10.0 Submittal.
Submit your bid in an opaque, sealed envelope.
Identify the envelope with: (1) Project Name, (2)
Name of Bidder, (3) Bid Number. Submit bid in
accordance with the Invitation to Bid. All forms
required for responsive bid shall be included, i e.
Bid, Bond, Drug Free Work Place Statement,
Questionnaire, etc.
It is the responsibility of the Bidder lo ensure that
the Bid is received in proper time.
All Bids shall remain subject to acceptance for ninety (90)
calendar days after the day of the Bid opening, but
the COUNTY may. at the sole discretion of the
COUNTY, release any Bid and return the Bid
Security prior to that date.
RID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
6
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
Withdrawal of Bid.
The Bid may be withdrawn by the Bidder by
means of a written request, signed by the Bidder
or its duly authorized representative. Such written
request must be delivered to the place stipulated
in the Invitation to Bid for receipt of Bids prior to
the Scheduled closing time for receipt of Bids.
Bldder's Quallflcatlons Questionnaire.
All bidders shall fill out the enclosed Bidder's
Qualifications Questionnaire and enclose it with
the Bid.
Disqualification.
More than one Bid from an individual, firm,
partnership, corporation, or association under the
same or different names will not be considered. If
the COUNTY believes that any Bidder is
interested in more than one Bid for the work
contemplated, all Bids in which such Bidder is
interested shall be rejected. If the COUNTY
believes that collusion exists among Bidders, all
Bids shall be rejected.
Governing Laws and Regulations.
The Bidder shall be familiar with all Federal, Slate,
and Local laws, ordinances, rules and regulations
thal in any manner affect the work. Ignorance on
the part of the Bidder will in no way relieve him
from responsibility from compliance with such laws
and regulations.
Safety Provisions.
The Contractor shall comply with the provisions of
Chapter 90-96 of Laws of Florida (Trench Safety
Act) and execute the induded Trench Safety Act
Compliance Statement.
Patent Fees and Royalties.
If the Contractor requires or desires to use any
design, trademark. device, material or process
covered by letter of patent or copyright, the
Contractor and his surety shall Indemnify and save
harmless the County from any and all claims for
infringement by reason of the use of any such
patented design, device, trademark, copyright,
material or process in connection with the work
agreed to be performed under the contract and
shall indemnify the County from any cost.
expense, or damage which he may be obligated to
pay reason of any infringement at any time during
the prosecL!ion of or afler completion of the work.
Licenses and Permits.
The Contractor shall secure and pay for all
construction related licenses, permits. and
inspection fees required to perform the work.
Dump fees will not be waived for County projects
except for clean excavated fill as set forth in
Paragraph 23.0. Delivery of Clean Excavated Fill.
These costs are to be included in the unit prices
for other pay items listed.
Award.
The award of the Contract. if it is awarded, shall
be to the lowest responsive and responsible
bidder whose qualifications indicate the award will
be in the best interest of the County and whose
bid complies with all prescribed requirements. The
Contract shall not be awarded until the County has
concluded such inves!igations as it deems
Necessary to establish the responsibiiily,
qualifications, and financial ability of the Bidder to
do the work in accordance with the Contract
Documents to the satisfaction of the County within
the lime prescnbed. The County resewes the right
to reject !he Did of any Bidder who does not pass
such investigation to the County's satisfaction. If
the Contract is awarded, the County will give the
accepted Bidder a Notice of Antiapated Award
within the time Bids are to be held open as stated
in the Bid form.
19.0 Opening.
Bids will be opened as announced in the Invitation
to Bid.
20.0 Execution of Contract.
The Contract between Contractor and County
shall utilize the form furnished herewith. The
accepted Bidder shall assist and cooperate with
the County in preparing the Contract, and within
15 calendar days following its presentation shall
execute same and return it to the County along
with the Public Construction Bond, Insurance
Certificates and any other documentation that may
be required by the Contract Documents to be
submitted at that time.
21.0 Definitions.
Whenever in these Specifications. the terms
defined in Article I of the General Conditions are
used (or pronouns used in place of them). their
intent and meaning shall be interpreted as
indicated in the General Conditions.
22.0 Certification of Competency.
All Bidders shall provide proof that they are State
Certified or State Registered, and a State
Registered License shall be based on the
possession of a SI. Lucie County Certificate of
Competency. Specialty contractors shall be
required to provide proof of having obtained a St.
Lude County Certificate of Competency.
Possession of elther a State Certification or
County Competency card must be attained
prior to bid submittal. It is the responsibility of
the bidder to confirm that they have all the proper
licenses to perform the work. If the bidder has any
uncertainty, they should submit the license to the
Contractor Licensing Division of St. Lucie County,
telephone 772-462-1672. Failure to comply with
this condition shall result in rejection of the Bid.
Delivery of Clean Excavated Fill.
The successful bidder shall be required to deliver
all clean excavated fill removed during the Work
and not required by the Work, to the S1. Lucie
County Landfill. The clean fill shall not contain any
construction debris or vegetative growth. There
will be no disposal fee for such clean fill. The
Contractor shall, however, be responsible for the
cost of transportation of the fill and should include
this cost in any bid.
23.0
24.0 Quantitles of Work.
The quantities of work or material stated in the unit
price items of the Bid are supplied only to give an
indication of the general scope of the Work; the
County does not expressly or by implication agree
that the actual amount of work or material Will
correspond therewith. and the County expressly
reserves the right to increase or decrease the
amount of any unit price item of the Work by an
amount of up to and induding twenty five percent
(25%) of any Bid ilem, without a change in the unit
price, and shall also reserve the right to delete any
Bid item in its entirety. or to add additional Bid
items up to and including an aggregate total
amount not to exceed twenty five percent (25%) of
the Contract Price.
BID #07-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
7
SECTION 001 10
ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
BIDDER'S CHECK LIST
THIS SHOULD BE THE FIRST PAGE OF YOUR BID
BIDS SHALL BE REJECTED AS NON-RESPONSIVE if the following documents and/or attachments are not
completely filled out and submitted with your bid.
- Two (2) copies of either a State LicenselCertification and County Competency Card (See Section
00100, Article 22.0)
Financial Statement per the Bidders Qualification Form -
BIDS MAY NOT BE CONSIDERED and may be rejected as non-responsive if the following documents and/or
attachments are not completely filled out and submitted with your bid.
Before sending in your bid, please make sure you have completed all of the following:
- Please complete in their entirety: Sections; 001 10 (Bidder's Checklist); 00300 (Bid Form and Bidder's
Qualification Questionnaire), 00455, (Non-Collusion Affidavit), 0061 0 (Public Construction Bond) and
Confirmation of Drug Free Workplace.
Bid Form (Section 200) must be complete and have an original signature (preferably signed in blue ink).
Every page that has anything handwritten on it must be imprinted with the company's name on the top
right-hand corner of the page.
-
-
- Acknowledge in the bid any and all addendums issued and manually sign each addendum sheet and
submit it with your bid.
- Erasures, as well as descriptive literature, brochures and/or data must be initialed by the person signing
the bid.
- Enclose One (Original) Bid Package, and Two (2) copies of the bid package, as well as two (2) sets of
any descriptive literature, brochures and/or supporting data. Bidders are advised to make and retain a
separate copy of this bid package for your files.
- Return bid in an envelope with the bid number and name of bid printed on the front of the envelope. If
using Fed-Ex or UPS, please keep bid in a separate sealed envelope when placing it in their packaging.
- If you desire a copy of the bid tabulation, include a self-addressed, stamped envelope for bid
tabulation to be mailed back to you
- PLEASE INITIAL AND RETURN WITH BID FORM
BID 1107-059
SIGNAL MAINTENANCE
AND MASTER CONSTRUCTION CONTRACT
8
SECTION 00300
BID FORM
BID #07-059
SIGNAL MAINTENANCE AND MASTER CONSTRUCTION CONTRACT
Board of County Commissioners
St. Lucie County, Florida
2300 Virginia Avenue
Fort Pierce. FL 34982
1, Representing Company
andlor Corporation, agree to perform, the Signal Maintenance & Master Construction Contract as
specified and described herein:
I have received the documents titled " SIGNAL MAINTENANCE & MASTER CONSTRUCTION
CONTRACT." I have also received addenda numbers thru and have included their
provisions in my Bid. I have examined both the Bid documents and the construction site(s) and
submit the following Bid in which I agree:
1. To hold my Bid open until an agreement has been executed between the Owner and
accepted Bidder or until ninety (90) days after Bids are opened, whichever is shorter.
2. Regarding the Disposition of Bid Security, to accept the provisions of the Instructions to
the Bidders.
3. To enter into and execute a Contract on the basis of this Bid and, if necessary, to
furnish a one hundred percent (100%) Public Construction Bond in accordance with the
Instructions to Bidders to guarantee my workmanship and materials to be free from
construction defects for a period of not less than one (1) year, if this Bid is accepted.
4. To accomplish the work included in and in accordance with the Contract Documents, if
this Bid is accepted.
5. This contract will be for a period of three (3) years with an option of two (2) one (1) year
renewals.
6. Regarding Compensation for proposed work. If this Bid is accepted, I will PERFORM
THE WORK REQUIRED for this bid on a unit price basis as reflected in the Bid Unit
Price Schedule on pages 10 through 28 of this Bid.
7. Regarding the Award of the Contract. If I am awarded a contract for this project, I
understand that the award will be for all of the items listed under the Bid Unit Price
Schedule.
8. Maintenance work performed on this contract shall be in accordance with Option A as
determined by the COUNTY for the period of the contract.
BID #07-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT 9
MASTER CONSTRUCTION CONTRACT BID UNIT PRICE SCHEDULE
620-1 -1
630-1 -1 I
630-1-1 1
630-1-12
630-1 -12
630-1 -1 3
630-1 -1 3
630-1-14
630-1-14
632-7
632-7
'632-7-1
'632-7-1
'632-7-1
*632-7-1
*632-7-1
Ground Electrodes(F&l)
1" Above Ground Conduit(F&l)
2" Above Ground Conduit(F&l)
2" Underground Conduit(F&l)
4" Underground Conduit(F&l)
2" Underpavement Conduit (FBI)
4" Underpavement Conduit (FBI)
2" Rigid Jacked Conduit (F&l)
4" Rigid Jacked Conduit (F&l)
Signal Cable (12 Conductor-F&l)
Signal Cable (16 Conductor-F&l)
Signal Cable (Span Length
Range 50' - 149') IMSA
Spec. 19-1, 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh. 12 Conductor Peds
L. F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
P.I.
Signal Cable (Span Length
Spec. 19-1, 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh. 12 Conductor Peds
Range 150' - 199') IMSA P.I.
Signal Cable (Span Length
Spec. 19-1, 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh. 12 Conductor Peds
Range 200' - 299') IMSA P.I.
Signal Cable (Span Length
Spec. 19-1,16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh. 12 Conductor Peds
Range 300' - 349') IMSA P I.
Signal Cable (Span Length
Spec. 19-1,16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh. 12 Conductor Peds
Range 350' - 399') IMSA P.1
BID #07-059
SIGNAL MAINTENANCE (L MASTER
CONSTRUCTION CONTRACT 10
"632-7-1 Signal Cable (Span Length
Range 400' - 499) IMSA P.I. $
Spec. 19-1,16 Conductor
Veh,l2 Conductor Peds
20 Conductor Veh. 12 Conductor Peds
*632-7-1 Signal Cable (Span Length
Range 500' - 599') IMSA P.I
Spec. 19-1, 16 Conductor
Veh, 12 Conductor Peds
20 Conductor Veh. 12 Conductor Peds
*632-7-1 Signal Cable (Span Length
Range 600' or greater) IMSA
Veh, 12 Conductor Peds
20 Conductor Veh. 12 Conductor Peds
Spec. 19-1, 16 Conductor P. I
ALL INTERSECTION SPAN LENGTH SHALL CARRY NECESSARY
CABLE OR CABLES FOR VEHICLE SIGNALS AND PEDESTRIAN
*
SIGNALS - BID SHOULD REFLECT TOTAL COST PER INTERSECTION. -THIS PAGE AND UP
"*632-8-211
"*632-8-212
*'634-4-112
'*6344-113
"634-4-1 14
'7334-5-1
"634-6-1
'*635-1-11
'535-1-1 ?A
635-1-31
*'639-1-13
"'639-1 -23
Interconnect Cable Aerial 6
Pr-22 Gauge includes Integral
Messenger Cable (PE-38)
Interconnect Cable
Underground 6 Pr-22
Gauge (PE-39)
Span Wire Assembly Diagonal
(Span Length Range 50'-550')
Span Wire Assembly Box
(Span Length Range 50'-550')
Span Wire Assembly - Drop
Box (Span Length Range
50' - 550')
Fiberglass Insulator
Messenger Wire
Pull Box
Pull Box Grounded
(Per Index 17503)
Pull Box jlnstall Onlv)
Elec. Power Svc - Overhead
Elec. Power Svc - Under Ground
FURNISH AND INSTALL- THIS PAGE **
BID #07-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
L.F.
EA
EA
EA
AS
AS
11
$
$
$
$
**639-2-1
"639-3-1 1
"641-1
-641-1 3-144
**641-14-138
*'641-14-140
-641 -14-141
"641-14-144
"641 -1 5-140
"641 -1 5-141
'"641 -1 5-1 44
"641-1 5-146
*'641-15-147
"641-15-148
*a641-15-149
*'641-15-150
**641-34-134
"643-1 30
*'643-140
"643-1 45
'*649-412-001
*'649413-002
"649-41 6-004
"649432-001
Electrical Svc. Wire
Electrical Svc Disconnect
Guying Concrete Strain Poles
44' Class IV Conc. Pole
38' Class V Conc. Pole
40' Class V Conc. Pole
41' Class V Conc. Pole
44' Class V Conc. Pole
40' Class VI Conc. Pole
41' Class VI Conc. Pole
44' Class VI Conc. Pole
46' Class VI Conc. Pole
47' Class VI Conc. Pole
48' Class VI Conc. Pole
49' Class VI Conc. Pole
50' Class VI Conc. Pole
34' Class VI Conc. Pole
30' Wood Pole with Down
Guying
41'Wood Pole With Down
Guying
45' Wood Pole With Down
Guying
Mast Arm Assembly Single
Arm 36' No Luminaire
Mast Arm Assembly Single
Arm 46' No Luminaire
Mast Arm Assembly Single
Arm 70' No Luminaire
Mast Arm Assembly Single
Arm 36' with Luminaire
FURNISH AND INSTALL- THIS PAGE **
BID 1107-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT
LF
AS
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
12
"649433-002
YX9-436-004
'"650-51 -1 1 1
**650-51-112
**650-51-121
"650-51-131
"650-51 - 141
"650-51-31 1
"650-51-312
**650-51-321
'*650-51-322
"650-51-331
"650-51 -332
"650-51 -341
*'650-51-342
"650-5141 1
"650-51412
**650-51-511
"650-51-512
Mast Arm Assembly Single
Arm 46' with Luminaire
Mast Arm Assembly Single
Arm 70' with Luminaire
1 Section Alum. Signal Head
(1 2")
1 Section Lightweight Signal
Head (1 2")
1 Section Alum. Signal Head
(1 212 Way)
1 Section Alum. Signal Head
(12"/3 Way)
1 Section Alum Signal Head
(12'74 Way)
3 Section Alum. Signal Head
(1 2'71 Way)
3 Section Lightweight Signal
Head (12")
3 Section Alum. Signal Head
(12"/2 Way)
3 Section Alum. Signal Head
(12"/2 Way Lt. Wt.)
3 Section Alum. Signal Head
(12"/3 Way)
3 Section Alum. Signal Head
(12'73 Way Lt. Wt.)
3 Section Alum. Signal Head
(12'74 Way)
3 Section Alum. Signal Head
(1 2"/4 Way Lt. Wt.)
4 Section Alum. Signal Head
(1 2"/1 Way)
4 Section Alum. Signal Head
(12'71 Way Lt. Wt.)
5 Section Alum. Signal Head (12")
5 Section Alum. Signal Head
(1 2"/1 Way Lt. Wt.)
FURNISH AND INSTALL- THIS PAGE **
BID #07-059
SIGNAL MAINTENANCE a MASTER
CONSTRUCTION CONTRACT
EA
EA
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
13
$
$
650-53-31 1
650-53-321
650-53-331
650-53-341
650-5341 1
650-53-51 1
~53-i ai
**653-182
653-381
653-382
**659-1-20
*'659-1-20
"659-1 -20
'*659-1-20
3 Section Alum. Signal Head
(12"/1 Way) Install Only
3 Section Alum. Signal Head
i12"/1 Way) Remove Onlv
3 Section Alum. Signal Head
(12"/2 Way) Install Only
3 Section Alum. Signal Head
(1 2'72 Way) Remove Only
3 Section Alum. Signal Head
(12"/3 Way) Install Only
3 Section Alum. Signal Head
(12"/3 Way) Remove Onlv
3 Section Alum. Signal Head
(12"/4 Way) Install Only
3 Section Alum. Signal Head
(12"/4 Way) Removeonly
4 Section Alum. Signal Head
(1 2"/1 Way) Install Only
5 Sect. Alum. Signal Cluster
Head (12") Install Only
5 Sect. Alum. Signal Cluster
Head (12") Remove Only
12" Pedestrian Signal Head
(1 Sec, 1 Way)
12" Pedestrian Signal Head
(1 Sec, 2 Way)
12" Pedestrian Signal Head
(1 Way ) Install Onlv
12" Pedestrian Signal Head
(2 Way) Install Only
LED's A Red
LED'S B Yellow
LED'S C Green
LED'S D Red Arrow
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
EA
EA
EA
€A
$
FURNISH AND INSTALL- THIS PAGE **
BID #07-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT
14
"659-1 -20
"659-1-20
*"659-101
'*659-106
"'659-1 07
"'659-1 07
'*659-107
'"659-1 18
660-2-1 01
"660-2-1 02
"*660-2-102
'*660-2-102
"660-2-1 02
"660-2-1 02
'*660-2-106
"660-2-1 06
"660-2-1 06
"660-2-107
Type "G"
"660-2-1 09
LED'S E Yellow Arrow
LED'S F Green Arrow
Backplates 3 Section
Tunnel Visors
Alum. Transformer Base
2'x2'x2' Concrete Pedestal
Alum. Pedestrian Pole
Backplates 5 Section
Detector Loop & Lead-In
Wire 6x40 Existing
Signal Type "F" 1-2-1 Wrap
Detector Loop & Lead-In
Wire 6x6 Type "B"
Detector Loop & Lead-In
Wire 6x6 Type "B" Existing
Signal(Advance Loop 250')
Detector Loop & Lead-In Wire
6x6 Type "B" Existing Signal
(Advance Loop 300')
Detector Loop & Lead-In
Wire 6x6 Type "B" Existing
Signal (Advance Loop 350')
Detector Loop & Lead-In
Wire 6x6 Type "B" Existing
Signal (Advance Loop 400')
Detector Loop & Lead-In
Wire for 6' x 20' Type "F"
Detector Loop & Lead-In
Wire for 6'x40' Type "F"
Detector Loop & Lead-In Wire
6~20'Existing Signal Type"F"
Speed Class Loop (2x1 Lanes)
#14AWG Loop Lead In
"Belden Only"
EA
EA
EA
EA
EA
EA
EA
EA
AS
AS
AS
AS
AS
AS
AS
AS
AS
AS
LF
FURNISH AND INSTALL -THIS PAGE **
BID M7-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT
15
$
$
$
$
$
$
663-74-1 1 1 Camera Autoscope Solo Pro AS $
System - F&l, CONTRACTOR SHALL
FURNISH AND INSTALL CAMERA
AUTOSCOPE SOLO PRO DETECTION
ASSEMBLY, TO CONSIST OF: AUTOSOPE
SOLE PRO VIDEO DETECTION CAMERA,
AUTOSCOPE SOLO PRO CABLE,
AUTOSCOPE MOUNT BRACKETS
(HORIZONTAL MOUNT BRACKET FOR
MAST ARM AND VERTICAL MOUNT
BRACKET FOR STRAIN POLE) ALL
HARDWARE, LABOR (INCLUDING
MOUNTINGMIIRING, MISCELLANEOUS
EQUIPMENT, COAXIAL AND POWER
CABLES SHALL BE INCLUDED IN THE COST.
CONTRACTOR SHALL FURNISH WINTV ADAPTER
AND 25' SUPERVISOR CABLE (FOR INTERFACE)
663-74-1 1 2 Camera Autoscope Solo Pro AS
System - CONTRACTOR SHALL
FURNISH AND INSTALL CAMERA
AUTOSCOPE SOLO PRO DETECTION
ASSEMBLY, TO CONSIST OF: AUTOSOPE
SOLE PRO VIDEO DETECTION CAMERA,
AUTOSCOPE SOLO PRO CABLE,
AUTOSCOPE MOUNT BRACKETS
(HORIZONTAL MOUNT BRACKET FOR
MAST ARM AND VERTICAL MOUNT
BRACKET FOR STRAIN POLE) ALL
HARDWARE, LABOR (INCLUDING
MOUNTINGMIIRING, MISCELLANEOUS
EQUIPMENT, COAXIAL AND POWER
CABLES SHALL BE INCLUDED IN THE COST.
CONTRACTOR SHALL FURNISH WlNN ADAPTER
AND 25' SUPERVISOR CABLE (FOR INTERFACE)
663-74-1 1 3 Camera Autoscope Solo Pro AS
System - CONTRACTOR SHALL
FURNISH AND INSTALL CAMERA
AUTOSCOPE SOLO PRO DETECTION
ASSEMBLY, TO CONSIST OF: AUTOSOPE
SOLE PRO VIDEO DETECTION CAMERA,
AUTOSCOPE SOLO PRO CABLE,
AUTOSCOPE MOUNT BRACKETS
(HORIZONTAL MOUNT BRACKET FOR
MAST ARM AND VERTICAL MOUNT
BRACKET FOR STRAIN POLE) ALL
HARDWARE, LABOR (INCLUDING
MOUNTINGMIIRING, MISCELLANEOUS
EQUIPMENT, COAXIAL AND POWER
CABLES SHALL BE INCLUDED IN THE COST.
CONTRACTOR SHALL FURNISH WlNN ADAPTER
AND 25' SUPERVISOR CABLE (FOR INTERFACE)
BID #07-059
SIGNAL MAINTENANCE L MASTER
CONSTRUCTION CONTRACT 16
663-74-1 1
665-1 2
665-1 3
670-4-1
670-5-31
670-5-31
678-1 -1 03
678-1-103
678-1-1 07
4 Camera Autoscope Solo Pro
System - CONTRACTOR SHALL
FURNISH AND INSTALL CAMERA
AUTOSCOPE SOLO PRO DETECTION
ASSEMBLYy TO CONSIST OF: AUTOSOPE
SOLE PRO VIDEO DETECTION CAMERA,
AUTOSCOPE SOLO PRO CABLE,
AUTOSCOPE MOUNT BRACKETS
(HORIZONTAL MOUNT BRACKET FOR
MAST ARM AND VERTICAL MOUNT
BRACKET FOR STRAIN POLE) ALL
HARDWARE, LABOR (INCLUDING
MOUNTINGNVIRING, MISCELLANEOUS
EQUIPMENT, COAXIAL AND POWER
CABLES SHALL BE INCLUDED IN THE COST.
CONTRACTOR SHALL FURNISH WlNW ADAPTER
AND 25' SUPERVISOR CABLE (FOR INTERFACE)
AS $
Pedestrian Detector
With Post and Sign - FBI,
POSTMllTH ALUMINUM
TRANSFORMER BASE
AS
4-112" DIAMETER ALUMINUM
Pedestrian Detector with Sign - F&I AS
AS Flashing Beacon Controller - F&l,
4-112" DIAMETER ALUMINUM
POSTMllTH ALUMINUM
TRANSFORMER BASE
Install Controller Assembly - FBI,
PRICE SHALL INCLUDE A MINIMUM
OF TWO (2) POLICE OFFICERS FOR
TRAFFIC CONTROL
AS
Install Controller Assembly - FBI
Includes Concrete Pad - FBI
PRICE SHALL INCLUDE A MINIMUM
OF TWO (2) POLICE OFFICERS FOR
TRAFFIC CONTROL
Type 12 Econolite Monitor
Furnish W/Harness - F&I AS
AS
16 Channel Econolite MMU - F&I AS
RTC - CPR2102
Pager Controlled Time Clock - F81 AS
FBI FURNISH AND INSTALL
BID #07-059
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
17
685-1 -27
690-1 0
690-20
690-30
690-31
690-40
690-50
690-60
690-70
690-80
690-90
690-9 1
690-1 00
699-1 -1
700-84-1
715-1-1 13
71 5-2-334
715-2-415
71 5-1 1-1 1 1
71 5-1 1-222
F81
Telephone Connection Box, FBI
Remove Traffic Signal
Head Assembly
Remove Traffic Signal Head
(3 Section ) Assembly
Remove Traffic Signal Head
(5 Section ) Assembly
Remove Pedestrian Signal
Assembly
Remove Poles
Remove Signal Pedestal
Remove Mast Arm Assembly
Remove Controller Assembly
Remove Vehicle Detector
Assembly
Remove Pedestrian Detector
Assembly
Remove Span Wire Assembly
Remove Cabling 8 Conduits
Remove Overhead Street Signs
Remove Existing Interconnect Cable
Remove Misc.
Sign, Internally Illuminated,
Street Name, F&l
Span Mounted Sign, FBI
Remove Span Mounted Sign
Conductor. F&I
Conduit, F&l
Conduit, FBI
Luminaire, FBI
480V 400W HPS Ballast Only, F&I
FURNISH AND INSTALL -THIS PAGE
BID #07-059
SIGNAL MAINTENANCE a MASTER
CONSTRUCTION CONTRACT
FI
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
LF
EA
EA
EA
EA
LF
LF
LF
EA
EA
18
71 5-1 1-223
7 15-1 1-224
71 5-20-1
71 5-2 1-1
71 5-41 1-1 35
71 5-41 1-1 50
750-80
F81
400W HPS Lamp Only, F81
750W HPS Lamp Only, F&l
EA
EA
Scheduled Cleaning LU
Luminaire Starter Board, F&l EA
Lighting Pole Complete
(35' Aluminum, Single Arm), F&l AS
Lighting Pale Complete
(50' Aluminum, Single Arm), F81 AS
Telephone Service PI
TOTAL FOR EACH ITEM:
FURNISH AND INSTALL - THIS PAGE
Hurricane Emergency Rate:
3 Man Crew with bucketlpick up and trailer
BID W7-059
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
PER HOUR
s
19
TRAFFIC SIGNAL & STREET LIGHT MAINTENANCE
1.
2.
3.
4.
5.
6.
7.
BID UNIT
PRICE SCHEDULE
OPTION "A"
TRAFFIC SIGNAL MAINTENANCE SCOPE OF WORK
CONTRACTOR shall, in general, be responsible for providing twenty four (24) hour, seven (7)
days a week "maintenance" on traffic control devices andlor street lighting at locations defined
in Schedule "A". Additions or deletions to SCHEDULE "A", may be made by the COUNTY
from time to time whenever traffic signals or street lights are constructed or abandoned or
materially changed. The COUNTY shall notify CONTRACTOR in writing of such additions and
deletions no less than five (5) days prior to the effective date of the change. The addition or
deletion will alter the contract amount as defined in SCHEDULE "B".
"Maintenance" shall mean all repairs, both routine and emergency necessary for the continued
operation of the specified equipment. It shall include replacement of parts in the field, bench
work, testing of components, repair of circuits, field locates, a replacement of lamps and other
steps necessary without exclusion except as noted herein.
This contract shall expressly cover only work outlined herein, however, CONTRACTOR shall
be obligated to perform other such additional work in connection with repairs as specified
herein at rates defined in SCHEDULE "B" or by negotiations where specific items are not
covered.
A record system is essential to this contract and CONTRACTOR will be required to maintain
records for the COUNTY as a part of his duties. Records will include trip reports, work orders,
parts replaced, inventory, and timing changes as directed by the PROJECT MANAGER. The
CONTRACTOR shall log in the Cabinet Log Book any work performed. Copies of all records
shall remain the property of the COUNTY and shall be available for public inspection during
regular business hours, and one copy for the COUNTY use shall be furnished to the TRAFFIC
OPE RAT1 ONS SUP E RVI SOR .
Maintenance shall include routine inspection on all traffic signal devices with a preventative
maintenance routine as follows:
Patrol all locations Bi- Monthly: See Schedule "E"
All locations spot replace signal indication outages on emergency basis.
CONTRACTOR shall establish and maintain effective and rapid lines of supply for required
items. Upon the COUNTY'S notice of need, all parts orders shall be placed by
CONTRACTOR, at CONTRACTOR'S expense. CONTRACTOR shall maintain drawings and
catalogs of various items serviced to expedite parts supply requirement. All work, materials,
methods, etc., shall correspond to requirements of FDOT, ITE, IMSA, and the MUTCD as
applicable.
A "NOTIFICATION OF FAILURE" system is essential to the operation of the contract.
COUNTY and CONTRACTOR shall devise a basic system of communications so that the
COUNTY'S employees shall have the responsibility of notification to CONTRACTOR
whenever emergency or routine service is needed. CONTRACTOR'S responses under this
contract shall be predicated on receiving appropriate notice as to the exact location (reference
the location number from SCHEDULE "A") the nature of the malfunction and required service
(routine vs. emergency). "EMERGENCIES" shall be responded to by CONTRACTOR, as soon
as possible, and within a two (2) hour period. "EMERGENCIES" are to be determined by the
BID 1107-059
SIGNAL MAINTENANCE a MASTER
CONSTRUCTION CONTRACT 20
OPTION "A" - Continued
reporting agency; 91 1, COUNTY, and all law enforcement agencies. Routine problems will be
responded to within a period of four (4) hours. Street lighting repairs shall be completed within
a forty-eight (48) hour period unless a parts acquisition problem exists. In this case the
COUNTY will be notified of the anticipated completion date. "EMERGENCY" street lighting
repairs, due to knock down will be responded to by CONTRACTOR as soon as possible and
within a six (6) hour period. Temporary repairs, including the safe- guarding of all circuitry, etc.
shall be accomplished as under "EMERGENCY" above.
CONTRACTOR shall notify the COUNTY of recording devices, phone numbers and locations
of individuals assigned to maintenance of this contract and shall assure their availability within
its terms. Digital beepers shall be used by the maintenance technicians receiving messages in
the field. Telephones utilized by the CONTRACTOR for COUNTY work must be accessed
through a local exchange.
8. In order to insure a "Constant State of Readiness" the CONTRACTOR shall maintain, at his
expense, the minimum inventory as described in Schedule "B", the COUNTY will verify the
existence of this material by inspection of the CONTRACTOR'S facility. This inventory is
maintained to facilitate the activities of the CONTRACTOR'S Crews and is not subject to
repurchase by the COUNTY, under the Special Provisions of this document.
Where the COUNTY desires like-kind spares for certain Critical Controller Locations, the COUNTY
shall be responsible for providing same.
Where extended outages are expected due to the unavailability of replacements for failed equipment,
CONTRACTOR shall provide temporary operations when possible, but shall not be liable for the four
(4) hour repair time or any consequential action as a result of the temporary or emergency operation
in so far as it differs in phasing, timing, etc., from the norm. If desired by COUNTY, CONTRACTOR
will stock any spares for street lighting (poles, luminaries, etc.) that the COUNTY requests.
9. EXCLUSIONS:
A. Repair under base contract price of equipment damaged by hurricane, flood, windstorm,
hail, lightening, war, shooting, civil commotions, riots, nuclear blast or any "ACTS OF
GOD", beyond the control of CONTRACTOR. For repairs necessitated by these and other
causes not specifically due to wear and tear, routine or random failure, CONTRACTOR
shall submit bills for repair at the rates defined in SCHEDULE "B".
I). "KNOCKDOWN' caused by high loads, uncontrolled vehicles, undermining, collapse,
work done by others causing lowering, misalignment, or readjustment, etc. Work to
remedy afore names shall be done by CONTRACTOR at the rates defined in
SCHEDULE "A'. CONTRACTOR shall keep detailed records for use by COTJN'I'Y in
pursuit of claims against others. It shall be the responsibility of COUNT7J to seek
redress against third (3rd) parties responsible for such damage and bills for, such
damage shall be paid by the COUNTY, unless other arrangements are agreed upon.
10. CONTRACTOR shall invoice COUNTY on a monthly basis for services performed. Services
performed shall be designated as either regular or "EXTRA" and shall be invoiced accordingly.
A. Regular services will be invoiced at a "base" amount which will be expressed in
SCHEDULE "B" of this agreement. This "base" amount will be for a three (3) year term
with the option of two (2) one (I) year extensions, subject to modification for additions and
deletions to SCHEDULE "A" at rates expressed in SCHEDULE "B". All materials, that are
not supplied by the COUNTY and are not included in the Master Construction Contract Bid
BID t107-059
SIGNAL MAINTENANCE 8 MASTER 21 CONSTRUCTION CONTRACT
Unit Price Schedule, used in the Execution of CONTRACTORS rendering of routine and
emergency maintenance services will be invoiced to the COUNTY at CONTRACTOR'S full
cost plus percent. Sufficient documentation of materials used will accompany
CONTRACTOR'S invoice each month.
Current Unit Prices shall remain in effect for three (3) years. Unit Price changes may be
proposed by the Contractor for the fourth (4'h) and fifth (!jth) year.
E?. "Extra" billing for services performed at the COUNTY'S request will be invoiced once a
month. These billings shall be for services performed by CONTRACTOR that are either not
specifically included in this agreement for services or are specifically excluded as per
paragraph nine (9). Charges for work performed under this classification shall be based on
an hourly rate (SCHEDULE "B") for equipment usage, travel time, shop time and field labor
time. Materials that are not supplied by the COUNTY but are used will be invoiced to the
COUNTY by CONTRACTOR'S full cost plus percent. All billings under this
classification shall be accompanied by sufficient documentation for the COUNTY to identify
and confirm initial request for services, as well as copies of Vendor's Invoices for materials.
C. Extra service billings for insurance claims will be invoiced once a month and shall be
separate from other charges.
11. The term of this agreement will be three (3) years with an option for two (2) one (1) year
renewals, the agreement may be extended upon agreement by both parties. Contract Unit
Prices shall remain in effect for three (3) years. Unit Price changes, may be proposed by the
CONTRACTOR for the fourth (4th) and fifth (5'h) year of the contract. This agreement may be
terminated by either party, at their pleasure upon the next expiration date by serving the other
party with a thirty (30) days notice of intent to cancel.
12. Under this agreement, CONTRACTOR agrees to provide special work, equipment and service
when requested by the COUNTY at the amounts shown in SCHEDULE "D". These services
shall be for the purpose of completing the effective installation and operation of the
COUNTY'S traffic control system.
BID #07-059
SIGNAL MAINTENANCE h MASTER
CONSTRUCTION CONTRACT
22
OPTION "A" - Continued
SPECIAL PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
Contract shall allow for providing all materials, equipment and services necessary to provide
County-wide signalization services including emergency on-call response, new construction,
rehabilitations, selected maintenance of traffic signals, traffic monitoring sites and streetlight
facilities on all County-wide roads.
Work covered under this contract is intended to include repair and maintenance necessary
because of normal wear and tear and minor incidental damage.
In the event of sudden, and unexpected damage, such as a catastrophic loss due to
knockdowns, floods, hurricanes, severe and prolonged lightening discharge, fires, riots, civil
disturbances, wars, etc., necessitating extensive and major repairs beyond and in excess of
those normally expected, CONTRACTOR shall only be required to repair or replace equipment
under the "cost plus" basis.
It shall be the responsibility of CONTRACTOR to call to the attention of the COUNTY those
instances where extensive repairs are necessary and where it is economically advantageous
to the COUNTY to replace equipment rather than repair it.
In the event that CONTRACTOR shall be deemed to have substantially failed to perform
satisfactorily under this contract, by the COUNTY representative, he shall be so notified and
given thirty (30) days, this contract may be canceled and voided after payment of only those
just debts and expenses incurred by CONTRACTOR on behalf of this contract. In addition all
inventory stocked by CONTRACTOR specifically for this system shall be paid for under
contract provisions, and become the property of the COUNTY (as if used).
Due to the nature of this contract CONTRACTOR must have a current Certificate of
Qualification from the Florida Department of Transportation. A copy of the current Certificate
of Qualification must be attached to the Bid documents for this Bid to be valid.
At the time of Bidding CONTRACTOR must have a current St. Lucie County Electrical
Contractors license and a copy must be attached to the Bid documents or this Bid will be
invalid.
CONTRACTOR to provide an IMSA Certified Level II or higher Traffic Signal Technician.
Technician must have TS2 experience and training on Econolite equipment and programming.
Intersections, which are Interconnected or otherwise operating under the control of a Remote
Master Controller/Central Computer must be supervised by a verifiable AREA
SUPERINTENDENT who has successfully installed and operated Interconnected systems of
four Intersections or more, operating with Aries software.
CONTRACTOR shall submit, for approval by the COUNTY, the
resume'(s) of the proposed AREA SUPERINTENDENT and Technician(s). In the event that
the CONTRACTOR experiences personnel changes during the course of this contract the
CONTRACTOR must notify the COUNTY in writing within thirty (30) Days. CONTRACTOR
shall also submit the resume of the replacement personnel at this time. Failure to provide
properly qualified staff shall result in a reduction of twenty percent (20%) for the monthly base
maintenance bill for a period of two (2) months. Failure to provide properly qualified personnel
within sixty (60) days shall result in termination of this contract.
BID #07-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT
23
(SPECIAL PROVISIONS CONT'D)
OPTION "A" - Continued
9. All Mast Arms shall be galvanized. The cost of all subsurface analysis and structural
engineering to ensure the proper design and sizing of the mast arms and mast arm foundation
shall be the responsibility of the CONTRACTOR and shall be included in the unit price for
each mast arm assembly. All certified reports and design criteria shall be submitted for the
Owner's records.
The CONTRACTOR will be issued a purchase order for mast arms prior to the beginning of a
project due to the excessive lead-time associated with this product. The CONTRACTOR will
not be reimbursed for the storage of these mast arms prior to their installation. The costs for
storage will be included in the bid items for mast arms.
The CONTRACTOR is required to order mast arms within ten (1 0) days of receipt of purchase
order unless otherwise directed by the COUNTY. Failure of the CONTRACTOR to fulfill the
obligations of this contract could constitute grounds for canceling the contract.
All mast arm foundations shall be designed for the ability to reconfigure and install additional
signal heads and signs in the future. The foundations shall be designed for the maximum
allowable number of signal heads on the designated segment length of the mast arm and the
addition of a sign.
BID #07-059
SIGNAL MAINTENANCE i% MASTER
CONSTRUCTION CONTRACT
24
ST. LUCIE COUNTY, LIST OF SIGNALIZED INTERSECTIONS
SCHEDULE "A"
SIGNAL NO:
03
04
05
06
07
10
11
12
13
14
15
16
17
18
I9
20
21
22
23
25
26
27
28
29
BID #07-059
LOCATION
MIDWAY RD & U.S. 1
MIDWAY RD & OLEANDER BLVD
OLEANDER AVE & EDWARDS RD
SUNRISE BLVD & EDWARDS RD
SOUTH 25TH ST & EDWARDS RD
WINTER GARDEN PKWY & KINGS HWY
ORANGE AVE 8 KINGS HWY
ANGLE RD & KINGS HWY
ST. LUClE BLVD & KINGS HWY
ST. LUCIE BLVD & U.S. 1
INDRIO RD & KINGS HWY
INDRIO RD & U.S. 1
KINGS HWY & U.S. 1
AIA & ATLANTIC BEACH BLVD
OLD DIXIE HWY & AIA
AIA & U.S. 1
NORTH 25TH ST & ST. LUClE BLVD
MIDWAY RD & SOUTH 25TH ST
NORTH 39TH ST 8 METZGER RD
NORTH AIA & BRYNMAR
OLD DIXIE HWY & HARBOR BRANCH
ORANGE AVE & HARTMAN RD
GLADES CUTOFF RD & LANDFILL
SUNRISE BLVD & BELL AVE
25
TYPE
ACT
ACT
ACT
ACT
ACT
ACT
ACT
ACT
MAF
ACT
ACT
ACT
ACT
ACT
ACT*
ACT
ACT
ACT
SWF
SWF
ACT
ACT
SWF
SWF
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
SCHEDULE "A", Continued
32
33
34
35
36
38
39
40
41
42
43
45
47
48
53
56
103
113
114
115
116
NOTE:
U.S. 1 & NORTH XTH ST
EDWARDS RD @ FT PIERCE CENTRAL HS
RIO MAR DR. & U.S. 1
U.S. 1 & SPANISH LAKES BLVD
U.S.l & SAVANNA CLUB BLVD
MIDWAY RD & GLADES CUTOFF RD
MIDWAY RD & WEATHERBEE RD
MIDWAY RD & SELVITZ RD
NORTH 25TH ST & JUANITA AVE
U.S. 1 & EASY ST
ANGLE RD & NORTH 3gTH ST
MIDWAY RD & 1-95 SOUTHBOUND EXIT
EDWARDS RD & SELVITZ RD
U.S. 1 & KITTERMAN RD
TORINO PKWY & MIDWAY RD
JENKINS RD & ORANGE AVE
PRIMA VISTA BLVD 8, U.S. 1
RIO MAR DR & PRIMA VISTA BLVD
NARANJA AVE & PRIMA VISTA BLVD
FLORESTA AVE & PRIMA VISTA BLVD
PRIMA VISTA @ AIROSO-FIRE STATION
PRE-EMPTION = 3
ACT - ACTUATED SIGNAL = 38
SWF -SPAN WIRE FLASHER = 6
MAF - MAST ARM FLASHER = 1
BID UO7-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCTION CONTRACT
26
ACT
ACT
ACT
ACT
ACT
ACT'
SWF
ACT
ACT
ACT
SWF
ACT
ACT
ACT
ACT
ACT
ACT
ACT
ACT
ACT
ACT*
SCHEDULE "B"
BASE CONTRACT AMOUNT
A.
B. For additions or deletions during contract period: add or subtract from "base amount" accordingly:
Flashers-span wire ................................ $- /mo.
Flashers-mast arm .................................... $- Imo.
Signalized Intersections ........... $- /mo.
For scheduled maintenance of all signalized intersection from SCHEDULE "A" ....... $- Imo.
SCHEDULE "C"
EXTRA BILLINGS
1. Repairs to equipment returned to manufacturer by CONTRACTOR shall be paid, for by
COUNTY, at CONTRACTOR'S full cost plus percent. All billing for services of
this nature, will be supported by copies of manufacturer's invoice.
2. Shop, travel and field labor hourly billing rate
includes one technician with truck ......................................... $ IHr
1. The COUNTY shall be advised of items which require replacement. Upon written
approval from the COUNTY the CONTRACTOR will proceed with the repairs and
invoice according to the unit prices found in the Construction Contract.
2. Equipment hourly billings rate:
Auger Trucks--42" with Operator .... $-_- IHr.
Bucket Trucks height up to 36' ........................ $ IHr.
Bucket Trucks height above 35' ....................... $ IHr.
Trenching Machine 30" x 4" ............................. $ IHr.
Concrete Saw with Operator ............................ $ IHr.
18 Ton hydraulic crane w/Operator .................. $ /Hr.
Service aerial unit wIOperator ......................... $ IH r
Backhoe with Operator .................................... $ /Hr
BID #07-059
SIGNAL MAINTENANCE 6 MASTER
CONSTRUCTION CONTRACT 27
SCHEDULE "D'
SPECIAL LABOR AND EQUIPMENT SERVICES
1. Vehicle Detector Loop Cutting:
Asphalt ..................................................... $ EA
Concrete ................................................... $ EA
2. Foundation Excavation per DOT
Specifications (3~3~6)(norninal) ................. $ EA
3. Concrete Poles:
Unloaded at job site, erected in place & poured:
Class V 34'44' ......................................... $ EA
Class VI 40'- 50' ........................................ $ EA
........................................ Class VI1 44'- 58' $ EA
4. Pipe Pushing-2" ........................................................... $ EA
5. Street Lights: Aluminum Poles, unload at job site & erected:
Mounting height to 35' ............................... $ EA
Mounting height above 35' ........................ $ EA
Install new concrete base ......................... $ EA
6. Street Lights:
480V 400W HPS Ballast ONLY F&l .......... $ EA
400W HPS Lamp ONLY FBI .................... $ EA
750W HPS Lamp ONLY F&l .................... $ EA
7. Microwave Detection(4 detectors and all associated
hardware)for detection during construction.. ................ $ PER Intersection
8. Microwave Detection( 1 detectors and all associated
hardware) for detection during construction .................. $ PER Direction
NOTES:
All prices above are for labor and equipment ONLY.
Equipment and service rates shall be subject to normal equipment rental procedures and regulations.
For the work directed to be performed other than above, CONTRACTOR'S cost (including overhead)
plus an amount equal to % shall be the basis for payments in accordance with the
provisions of the Florida Department of Transportation Standard for Road and Bridge Construction
schedule of force account work.
BID 207-059
SIGNAL MAINTENANCE I3 MASTER
CONSTRUCTION CONTRACT 28
SCHEDULE "E"
61-MONTHLY PATROL CHECK-IN
I.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Verify time settings match master time sheet
Verify proper controller operation
Check vehicle detectors for proper operation
Check for proper interconnect operation - blown fuses, proper switch position, etc.
Check clock for correct time and day.
Check surge protection devices.
Check operation of fan and thermostat
Check vehicle and pedestrian signals for outages, alignments, physical damage, etc.
Check poles, span wire, and cables for damage
Check pedestrian detectors for proper operation
Check loops for exposed wires, poor sealant, potholes, etc.
Check hand holes and pull boxes for damage and proper drainage
Clear weeds from around cabinet, pull boxes, poles, etc.
Check area around control cabinet for wash-outs especially near canals
Vacuum cabinet, clean equipment, and replace filters as needed
Check condition of signing and pavement markings
Check cabinet base sealant
Check cabinet for "Before You Dig Signs"
Verify proper operation of video detection as required
BID #07-059
SIGNAL MAINTENANCE & MASTER
CONSTRUCTION CONTRACT
29
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
SCHEDULE "F"
ANNUAL OVERHAUL CHECK-LIST
Verify time settings match master time sheet
Verify proper controller operation
Check vehicle detectors for proper operation
Check for proper interconnect operation - Blown fuses, proper switch position, etc.
Check clock for correct time and day
Check surge protection devices
Check operation of fan and thermostats
Check vehicle & pedestrian signals for outages, alignment, physical damage, etc.
Check poles, span wire, mast arms and cables for damage
Check pedestrian detectors for proper operation
Check loops for exposed wires, poor sealant, potholes, etc.
Check hand holes and pull boxes for damage and proper drainage
Clear weeds from around cabinet, pull boxes, poles, etc.
Test and certify Conflict Monitor for proper operation: confljct, 24-volt fail, etc.
Check service for proper voltage
Vacuum cabinet, clean equipment, and replace filter
Lubricate locks and hinges
Apply insect control if needed
Check vehicle signals for proper sight distance and vertical clearance
Check signals for repainting needs
Check condition of signing and pavement marking
BID #07-059
SIGNAL MAINTENANCE 8 MASTER
CONSTRUCllON CONTRACT
30
EXHIBIT “B”
mp:;
Inc.
33 Commerce Way
Jupiter, FL 33458
Phone: (561) 744-3206
Fax: (561) 744-3207
TO: City of Palm Beach Gardens
Address: 10500 N Military Trail
Palm Beach Gardens, FL 33410
Project Name: #08040401 Kyoto Gardens
Project Location: Palm Beach County, FL
Contact: Jennifer Gorman
Phone: (561) 804-7010
Fax: (561) 799-4134
Bid Number: 08040401
Bid Date: 4/2/2008
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its
authorized recipient@) and may be confidential and/or legally privileged. If you are not an intended recipient or responsible for
delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby
notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained
in it. In that event, please contact us immediately by telephone (561) 744-3206 ext 35 and delete the original and all copies of this
transmission (including any attachments) without reading or saving in any manner.
Line # Item # Item Description Estimated Quantity Unit Unit Price Total Price
630 112
630 113
632 7 1
635 111
639 123
639 2 1
639 3 11
649-416-004
650 51 311
653 182
659 101
659 106
659 107
660 2 106
665 13
* 670 531
699 111
CONDUIT (FURNISH & INSTALL)
(UNDERGROUND)(PVC & Poly)
CONDUIT (FURNISH & INSTALL)(UNDER
PAVEMENT)
CABLE (SIGNAL) (FURNISH & INSTALL)
PULL &JUNCTION BOXES (F&I) (PULL
ELECTRICAL POWER SERVICE
(OVERHEAD)
ELECTRICAL SERVICE WIRE
ELECTRICAL SERVICE DISCONNECT(F&I)
(POLE MOUNT)
M/ARM (F&I/lSO')(DS-S23 LUM)
SIGNAL TRAFFIC(F&I)(3 SECT 1 WAY)(STD)
PEDESTRIAN SIGNAL (INTERNATIONAL
SYMBOL) (F&I) (LED) (TWO WAY)
SIGNAL HEAD AUXILIARIES (BACK PLATES 3
SIGNAL HEAD AUXILIARIES (TUNNEL VISOR)
SIGNAL HEAD AUXILIARIES (ALUMINUM
PEDESTAL)
LOOP ASSEMBLY (FW (VPE
F)
DETECTOR PEDESTRIAN (F&I)(DETECTOR
W/SIGN ONLY)
INSTALL CONTROLLER ASSEMBLY
INCL/CONCRETE PAD AND POLICE OFFICER
SIGN, INTERNAL ILLUM(ST NAME)
WX)
SECT)
204.00 LF
1,730.00 LF
1.00 INT
9.00 EACH
1.00 AMBY
210.00 LF
1.00 EACH
4.00 AMBY
9.00 AMBY
4.00 AMBY
5.00 EACH
27.00 EACH
1.00 EACH
11.00 AMBY
8.00 EACH
1.00 AMBY
4.00 EACH
$5.75
$14.00
$4,160.00
$325.00
$905.00
$1.88
$275.00
$39,708.00
$660.00
$1,374.00
$95.00
$25.00
$858.00
$704.00
$120.00
$2,780.00
$2,250.00
Total Bid Price: -
$1,173.00
$24,220.00
$4,160.00
$2,925.00
$905.00
$394.80
$275.00
$158,832.00
$5,940.00
$5,496.00
$475.00
$675.00
$858.00
$7,744.00
$960.00
$2,780.00
$9,000.00
$226.812.80
Notes: . Item 649-416-004 includes the mast arm structure and foundation. This item will also take care of the additional LEDs for the
traffic signals and the countdown modules for the pedestrian signals. The controller is a standard Palm Beach County typical. I
excluded striping because I did not have contract unit prices. If you have any questions please call the office. The City of Palm
Beach Gardens will be responsible for the widening, curn & gutter, sidewalks, ramps, and sod. Substantial completion can be
achieved in 180 days following an approved signal drawing, utility adjustments if any are required and an FPL service drop.
6/26/2008 3:37:00 PM Page 1 of 3
33 Commerce Way
Jupiter, FL 33458
Phone: (561) 744-3206
Fax: (561) 744-3207
ACCEPTED:
The above prices, specifications and conditions are satisfactory and
are hereby accepted.
To:
Address: 10500 N Military Trail
City of Palm Beach Gardens
Palm Beach Gardens, FL 33410
CONFIRMED:
The Signal Group Inc.
Project Name: #08040401 Kyoto Gardens
Project Location: Palm Beach County, FL
Contact: Jennifer Gorman
Phone: (561) 804-7010
Fax: (561) 799-4134
Bid Number: 08040401
Bid Date: 4/2/2008
Buyer:
Signature:
Date of Acceptance:
Authorized Signature:
Estimator: Robert A. Higginbotham
(561) 744-3206 ext 233
6/26/2008 3:37:00 PM Page 3 of 3
Isc;l:?;;
Int.
33 Commerce Way
Jupiter, FL 33458
Phone: (561) 744-3206
Fax: (561) 744-3207
To: City of Palm Beach Gardens
Address: 10500 N Military Trail
Palm Beach Gardens, FL 33410
Project Name: #08040401 Kyoto Gardens
Project Location: Palm Beach County, FL
Contact: Jennifer Gorman
Phone: (561) 804-7010
Fax: (561) 799-4134
Bid Number: 08040401
Bid Date: 4/2/2008
6/26/2008 3:37:00 PM Page 2 of 3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 27, 2008
Meeting Date: July 17, 2008
Resolution 59,2008
SubjectIAgenda Item: Resolution 59, 2008, approving reappointment of four regular
members to the Budget Oversight Committee.
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
City
Submitted by:
Allan Ow a
Department Director
/
City dn@er
Originating Dept.:
FinanceA
Advertised:
Date:
Paper:
[XI Not Required
Affected parties
I--- ] Notified
[XI Not required
costs: $ -0-
(Total)
$ -0-
Current FY
Funding Source:
[XI Operating
[ ]Other
Budget Acct.#:
NIA
Council Action:
[ ] Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Resolution 59,
2008
Attachments:
[ ]None
Date Prepared: June 27,2008
Meeting Date: July 17,2008
Resolution 59,2008
BACKGROUND: On June 15, 2006, Council approved the expansion of the
Budget Oversight Committee from three to five members. Currently, three
members’ terms have expired. In addition, one member’s term will be expiring
October 1, 2008. All four members desire to continue their service on the
Committee; therefore, staff is recommending that Harvey Goldberg, L. Marc
Cohn and Mark Veil be re-appointed for two-year terms expiring on June 15,
2010. In addition, staff is recommending that Bernard Pettingill’s term be
extended through June 15, 2010, which will synchronize his term of office with
the rest of the Committee members’ terms.
STAFF RECOMMENDATION: Staff recommends a motion to approve
Resolution 59, 2008, approving the reappointment of Harvey Goldberg, L. Marc
Cohn, Mark Veil and Bernard Pettingill as regular members to the Budget
Oversight Committee.
RESOLUTION: Attached.
-
Date Prepared: June 27, 2008
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RESOLUTION 59,2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA REAPPOINTING FOUR (4)
REGULAR MEMBERS TO THE BUDGET OVERSIGHT
COMMITTEE; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, Resolution 64, 2006 provides for the Budget Oversight Committee to
be comprised of five (5) regular members; and
WHEREAS, there are currently three (3) members of the Budget Oversight
Committee whose terms expired June 15, 2008, and one (1) member whose term will
expire October 1, 2008; and
WHEREAS, Section 2-90, Code of Ordinances allows the reappointment of
members for no more than six consecutive years; and
WHEREAS, the City wishes to reappoint four (4) members to the Budget
Oversight Committee to fill expiring terms; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests of the citizens and residents of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the reappointment of the
following individuals as regular members of the Budget Oversight Committee:
Relqular Member Term
Harvey Goldberg
L. Marc Cohn
Mark Veil
Bernard Pettingill
Expiring 611 51201 0
Expiring 611 5/2010
Expiring 6/15/2010
Expiring 6/15/2010
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: June 27, 2008
Resolution 59, 2008
PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
G:\attorney-share\RESOLUTlONSbeappointment - budget oversight committee - reso 59 2008.docx
#-
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: July 8,2008
Meeting Date: July 17, 2008
Resolution 62, 2008
SubjecVAgenda Item: Resolution 62,2008, a request by Fredrick W. Ford, candidate for
the State of Florida House of Representatives, District 83, for consideration of City
Council’s endorsement of H.R. 676, The National Health Insurance Act
[ ] Recommendation to APPROVE
I ] Recommendation to DENY
Interim City Attorney
Submitted by:
Jamie &‘q Cobb l2.d.-
Executive Assistant to the
City Manager
Approved by:
gi+LG--
Ch Mafianer
Originating Dept.:
Administration
Advertised:
Date:
Paper:
[XI Not Required
Affected parties: NIA
[ ] Notified
D<] Not required
~~
costs: $9
(Total)
$9 Current FY
Funding Source: NIA
[ ]Operating
[ ]Other
Budget Acct.#: NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 62, 2008
[ ]None
Date Prepared: July 8, 2~08
Meeting Date: July 17,2008
Resolution 62, 2008
BACKGROUND:
The National Health Insurance Act (HR 676), also known as the Improved Medicare for All
Bill, is a piece of federal legislation that is currently pending in the United States Congress.
This legislation proposes to replace the current health insurance system, one which
includes multiple public and private health insurance payers, with a single national health
insurance program. HR 676's major themes include the combination of the entire United
States population into one large pool of over 300 million people, the elimination of private
insurance and the guarantee of quality healthcare for all. These objectives would be
accomplished through the negotiation of fees with providers, the bulk purchase of drugs
and medical supplies and the monitoring of budgets and capital plans for hospitals and
other medical facilities. Financing for HR 676 would derive from a Medicare for All Trust
Fund, which would acquire said funds from a combination of payroll deductions, additional
income taxes on the top 5% of income earners and a small tax on stock and bond
transfers.
The National Health Insurance Act is co-sponsored by ninety members of Congress,
including three from Florida (Wexler, Hastings, and Brown). Additionally, HR 676 was
presented and adopted at the 76th Annual United States Conference of Mayors which was
held in Miami, Florida on June 20-24, 2008.
The supporting materials for this resolution were previously sent to Council under separate
cover.
Date Prepared: July 8, 2008
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RESOLUTION 62,2008
A RESOLUTION OF THE CITY COUNCIL OF .I THE CITY OF PALM
BEACH GARDENS, FLORIDA ENDORSING CONGRESSIONAL
BILL H.R. 676, THE U.S. NATIONAL HEALTH INSURANCE ACT;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, every person in the City of Palm Beach Gardens and in the United
States deserves access to affordable, quality health care; and
WHEREAS, the existence of thousands of public and private insurance prowlers
and regulators has resulted in extraordinarily complex health care business procedures
that consume almost one-third of our nation’s expenditures for health care; and
WHEREAS, rationing health care according to ability to pay has diminished the
overall health of our citizens to the point that the United States ranks thirty-seventh in
quality by the World Health Organization and as many as 100 million citizens are denied
appropriate health care in any year; and
WHEREAS, statistics show that inequalities in health care diminish not only our
well-being but also everyone’s ability to work and prosper; and
WHEREAS, the failure to provide affordable and appropriate preventative health
care services places unnecessary and more costly demands upon the City of Palm
Beach Gardens’ emergency health care services; and
WHEREAS, HR 676, a bill introduced in the U.S. House of Representatives, also
known as the United States National Health Insurance Act (Medicare for All), would
expand the Medicare System to cover every person in the United States for all
necessary medical care, including prescription drugs, hospital, surgical, and outpatient
services, primary and preventative care, emergency services, dental care, vision care,
and long-term care; and
WHEREAS, ninety (90) members of Congress, including three (3) from Florida,
including local Congressmen Robert Wexler and Alcee Hastings, have already signed
on as co-sponsors of HR 676; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the residents and citizens of the City of Palm Beach Gardens.
Date Prepared: July 8, 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 City Council of the City of Palm Beach Gardens endorses HR
676 and calls on the Congress of the United States to pass this bill, assuring
appropriate and efficient health care for all residents of the United States.
SECTION 3. This Resolution shall take effect immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: July 8, 2008
Resolution 62. 2008
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PASSED AND ADOPTED this day of , 2008.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR LEVY ---
COUNCILMEMBER RUSSO ---
COUNCILMEMBER BARNETT ---
COUNCILMEMBER PREMUROSO
G:\attorney-share\RESOLUTlONS\national health insurance act - reso 62 2008.doc
3
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: 07/02/2008
Meeting Date: 07/17/2008
Ordinance 15,2008
SubjectlAgenda Item:
Ordinance 15,2008/ Convenience Business Security Act
D(1 Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
City Attorn @
Finance Administrator
M/h
~~
submitad by:
Major R. Facchine
for
City Ma@er
Originating Dept.:
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
pCff4Otified
[ ] Not required
Costs:$ 0
(Total)
$- Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#
h
\
Council Action:
]Approved
[ JApproved wl
conditions
[ ]Denied
[ ] Continued to:
Attachments:
Ordinance 15, 2008
Date Prepared: 07/02/2008
Meeting Date: 07/17/2008
Ordinance 15,2008
BACKGROUND:
In an effort to reduce opportunities for criminal activity while increasing public
safety at convenience businesses such as gas stations and convenience stores,
Florida law requires certain mandates imposed by the Convenience Business
Security Act. Florida Statutes charge the Attorney General’s Office with the
enforcement of these statutes. Current funding for the investigators of the Attorney
General’s Office has been eliminated, thus preventing their staff from enforcing
these statutes. In order to be able to enforce the provisions of the statute,
municipalities are adopting the language of the statute into their ordinances.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 15, 2008. This will give the police
department the ability to enforce the state mandates.
Date Prepared: April 22, 2008
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ORDINANCE 15,2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO CONVENIENCE
ENTITLED “CONVENIENCE BUSINESS SECURITY”; PROVIDING A
CONFLICT CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
BUSINESS SECURITY; CREATING A NEW SECTION 78-193 TO BE
WHEREAS, the City Council finds that certain minimum security requirements
are helpful in ensuring the safety of convenience business employees and the public;
and
WHEREAS, Section 81 2.171 , et seq. , Florida Statutes, regulates convenience
business security and preempts local governments from enacting standards different
from those set forth in the statute; and
WHEREAS, the City desires to ensure compliance with the requirements of
Section 812.171 , et seq., Florida Statutes, by adopting the state statute as a municipal
ordinance; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED 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 78-1 93, Code of Ordinances, entitled “Convenience
business security” is hereby created to read as follows:
Sec. 78-1 93. Convenience business security.
(a) Definition. As used in this section, the term “convenience business”
means any place of business that is primarily engaged in the retail sale of
groceries, or both groceries and gasoline, and that is open for business at any
time between the hours of 11 p.m. and 5 a.m. The term “convenience business”
does not include:
(1) A business that is solely or primarily a restaurant.
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Date Prepared: April 22, 2008
Ordinance 15, 2008
(2) A business that always has at least five (5) employees on the premises
after 11 p.m. and before 5 a.m.
(3) A business that has at least 10,000 square feet of retail floor space.
The term "convenience business" does not include any business in which
the owner or members of his or her family work between the hours of 11 p.m.
and 5 a.m.
(b) devices and standards:
Every convenience business shall be equipped with the following security
A security camera system capable of recording and retrieving an image to
assist in offender identification and apprehension.
A drop safe or cash management device for restricted access to cash
receipts.
A lighted parking lot illuminated at an intensity of at least 2 foot-candles
per square foot at 18 inches above the surface.
A conspicuous notice at the entrance which states that the cash register
contains $50 or less.
Window signage that allows a clear and unobstructed view from outside
the building and in a normal line of sight of the cash register and sales
transaction area.
Height markers at the entrance of the convenience business which display
height measures.
A cash management policy to limit the cash on hand at all times after 11
p.m.
A convenience business shall not have window tinting that reduces
exterior or interior view in a normal line of sight.
(d) enforcement or a private security agency.
Every convenience business shall be equipped with a silent alarm to law
(e) Every convenience store shall have a red three-ring binder which will
serve as an inspection book, readily available and kept in the transaction area,
hereinafter referred to as the "Red Book, which shall include, but not be limited
to, the following documents in the following order:
2
Date Prepared: April 22,2008
Ordinance 15, 2008
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A copy of the current business license which provides the
corporation/owner information, including, but not limited to, current
address.
An annual test photograph from the security camera system which shows
an identifiable image to assist in offender identification and apprehension.
A maintenance log of the security camera system verifying maintenance
performed at least once every four (4) consecutive months.
A written cash management policy which limits cash on hand at all times
between the hours of 11 p.m. and 5 a.m.
Documented proof which confirms that robbery prevention and deterrence
training has been provided to all employees within sixty (60) days of their
employment, including, but not limited to, date of training.
A copy of the Convenience Business Security Act, Sections 812.1701-
81 2.176, Florida Statutes.
If a murder, robbery, sexual battery, aggravated assault, aggravated
battery, kidnapping, or false imprisonment, as those crimes are identified and
defined by Florida Statutes, occurs or has occurred at a convenience business
and arises out of the operation of the convenience business, that convenience
business shall implement at least one of the following security measures
between the hours of 11 p.m. and 5 a.m.:
(1) Provide at least two (2) employees on the premises at all times after 11
p.m. and before 5 a.m.
(2) Install for use by employees at all times after 11 p.m. and before 5 a.m. a
secured safety enclosure of transparent polycarbonate or other material
that meets at least one of the following minimum standards:
a. American Society for Testing and Materials Standard D3935
(classification PC110 B 3 0800700) and that has a thickness of at least
0.375 inches and has an impact strength of at least 200 foot pounds;
or
b. Underwriters Laboratory Standard UL 752 for medium power small
arms (level one), Bullet Resisting Equipment.
(3) Provide a security guard on the premises at all times after 11 p.m. and
before 5 a.m.
3
Date Prepared: April 22, 2008
Ordinance 15, 2008
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(4) Lock the business premises throughout the hours of 11 p.m. to 5 a.m., and
only transact business through an indirect pass-through trough, trapdoor,
or window.
(5) Close the business at all times after 11 p.m. and before 5 a.m.
(9) For purposes of this section, any convenience business that by law
implemented any of the security measures set forth in paragraphs (f)(l)-(5) and
has maintained said measures without any occurrence or incidence of the crimes
identified by subsection (f) for a period of no less than twenty-four (24) months
immediately preceding the filing of a notice of exemption, may file with the
Department of Legal Affairs a notice of exemption from these enhanced security
measures. In no event shall this exemption be interpreted to preclude full
compliance with the security measures set forth in subsection (f) should any
occurrence or incidence of the crimes identified by subsection (f) cause
subsection (f) to be statutorily applicable.
SECTION 3. Any and all other ordinances and parts of ordinances and all
resolutions and parts of resolutions in conflict herewith are hereby repealed.
SECTION 4. Should any section, term, or provision of this Ordinance be found or
adjudged to be invalid, illegal, void, or of no effect, the remaining sections, terms, and
provisions shall remain in full force and effect to maximum permissible extent.
SECTION 5. Codification of this Ordinance is hereby authorized and directed.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
4
Date Prepared: April 22, 2008
Ordinance 15, 2008
1 PASSED this day of , 2008, upon first reading.
2
3 PASSED AND ADOPTED this day of , 2008, upon second
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and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Eric Jablin, Mayor
David Levy, Vice Mayor
Joseph R. Russo, Councilmember
Jody Barnett, Councilmember
Robert G. Premuroso, Councilmember
ATTEST:
BY: \
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, Interim City Attorney
G:\attorney-share\ORDINANCES\convenience store regulations - ord 15 2008.doc
5
AGAINST ABSENT
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
July 17,2008
7:OO P.M.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
/I. PLEDGE OF ALLEGIANCE
ROLLCALL
/III. ADDITIONS. DELETIONS. MODIFICATIONS:
/IV ANNOUNCEMENTS / PRESENTATIONS:
- FDOT Project Overview.
Jb. The proposed maximum millage rate for fiscal year 2008/2009, setting the date,
time and place for the first budget hearing.
J c. District Park.
J V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMKIEE REPORTS:
VI. CITY MANAGER REPORT
VII. COMMENTS FROM THE PUBLIC: mor Items Not on the Aeenda. please submit
reauest form to the Citv Clerk Drior to this Item)
VIIL CONSENT AGENDA:
a. JPape 13) Approve Minutes from May 15,2008 regular City Council meeting.
b. Staff Reoort on tesolution on Resolution 45, 2008 -
!nterld Agreement with Solid Waste Authority. AResolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Interlocal
Agreement with the Solid Waste Authority of Palm Beach County for the delivery
of Municipal Solid Waste to designated fkilities and for a Municipal Recycling
Program; providing an effective date; and for other purposes.
c. JPaee 35) Proclamation - Declaring July as Parks and Recreation Month.
IX. PUBLIC HEARINGS:
Part I - Ouasi-iudicial
Qrt in a. {Staff Report on Page 36, Resolution 011 ho,r
Public Places. k Resolution of the City Council of the City of Palm Beach
&irdens, Florida approving the Art in Public Places for the Christ Fellowship
North Campus Planned Unit Development (PUD), as described more particularly 5-0 min; pr&ding a waiver; providing conditions of amroval; Droviding an
zffective date; and for other purposes,
1 :Staff ReDort on Page 58, Resolution on Page 103) Resolution 43, 2008 -
4mending the Paloma Planned Unit Development. A Resolution of the City
Eouncil of the City of Palm Beach Gardens, Florida amending the Paloma
Planned Unit Development (PUD), generally located South of Hood Road, West
of Military Trail, East of Central Boulevard, Parcel 3 1-04 (MXD), and Interstate
Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as
described more particularly herein, to modify a condition of approval, to delete
the six-fimt clear zone requirement, and add signage at the three main entrances;
providing waivers; providing for conditions of anpmval- nmvidine an effective
date; and for other p\nposes.
9.CE.8-
90
Staff ReDort on Pape 114, Resolution on Pape 150' esolution 52, 2008 -
\mending Resolution 57, 2007. A-R&lution of the City Council of the City of
Palm Beach Gafdens, Florida amending Resohtbn 57, 2007, relating to the
qqmximtttely 30-acre RCA Center Planned Unit Development (PUD) (a.k.a.
"Parcel SB), located generally at the Southeast comer of PGA Boulevard and
RCA Boulevard, as more particularly described herein, to allow minor changes to
the approved signage plan; providing an additional waiver; providing an effect+--
date; and hr other ~*lpospc
mStaff Report on Page 165. Resolution on Page 180) Resolution 55,2008 - Art
in Public Places. L Resolution of the City Council of the City of Palm Beach
Gardens, Florida approvingthe Art in Public Places for the North County
Regional Library located within the North County Government Center Planned
Community Development (PCD), as hied more particularly herein;
providing conditions of approval; providing an effective date; and for other
pufposes.'
,Staff Report on Page 184, Resolution on Pape 245) Resolution 60, ,001
Bright Futures Academy. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the major conditional use of public school and
the corresponding site plan for the approximately 2.0-acre parcel of land, located
at 10300 and 10350 Riverside Drive, as more particularly described herein, to be
referred to as the "Bright Futures Academy"; allowing the renovation of two
existing structures and improvements to the site; providing conditions of
-4; jxovkhg an effective date; and for other purpmes. -
Part I1 - Non-Quasi-iudicial
X. RESOLUTIONS:
Q
ate fbr the City of Palm Beach Gardens for fiscal Year 2008/2009; setting the
:e 256, A
WA Kesoiucion of tbe City Council of the City
If Palm Beach Gardens, Florida approving a contract award to Signal Group, Inc.
br traffic signal improvements at Kyoto Gardens Drive and Lake Victoria
3ardens Drive m an amount of $226,812.80 via an existmg Agreement with St.
iucie County (No. 07-059); providine an effective date: and fbr other purposes.1
I d
WStaff Rewrt on PaPe 359, Resolution on Page 361) RKohtion 59, 2008
Reappointment of members to the Budget Oversight Committee. A Resolution of
the City Council of the City of film Beach Gardens, Florida reappointing four (4)
kgular memb to the Budget Oversight Committee; providing an effective date;
and for other purposes.
Qo’> <‘’
,Staff Report on Page 363, Rtrolution on Page 365’, ..esolution 62, 2,,,
-& National Health Insurance Act. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida endorsing Congressional Bill H.R. 676, the U.S.
National Health insurance Act; providing au effective date; and for other
Purposes-
a.
XI ORDINANCES: (For Consideration on First Reading) m 1 -- 368, Ord’ kdinance 15, LOOS __
i11 uramance 01 the City Council of the City
of Palm Beach Gardens, Florida relating to Convenience Business Security;
creating a new Section 78-193 to be entitled ‘‘Convenience Business Security”;
providiag a conflict clause; providing a severability clause; providine the
authority to 66; providing an effective date; and for other purpo ses
aff Re~oi
XII. ITEMS FOR COUNCIL ACTIONIDISCUSSION:
XIII. CITY ATTORNEY REPORT
XIV. ADJOURNMENT
PLEASE TA&E NOTICE AND BE ADVBED that if any interested party wishes to appeal
any decision made by the c;.ity Council with respect to any nudter consi&red at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim tecord is made, inchding the testimony and evkkwe upn 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 accommo~ons in order to participate in this
proceeding are entitled to thepmvision of cerfain assistance at no cost Please call the City
Clerk’s Office at 561-799-4122 no later than 5 hys 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 8OlL955-8770 (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
July 17,2008
7:OO P.M.
Mayor Jablin
Vice Mayor Levy
Council Member Russo
Council Member Barnett
Council Member Premuroso
il A
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
5. d 111. ADDITIONS. DELETIONS. MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
7 >/3 a. 51 FDOT Project Overview.
7; a3 b. The proposed maximum millage rate for fiscal year 2008/2009, setting the date,
time and place for the first budget hearing.
C. District Park.
3 :sV. ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit
request form to the Citv Clerk prior to this Item) 8:a I
VIII. CONSENT AGENDA: 5-4
a. 13) Approve Minutes from May 15, 2008 regular City Council meeting.
b. 2. Rtsslion ~rn Fw 241 Resolution 45, 2008 -
Interlocal Agreement with Solid Waste Authority. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an Interlocal
Agreement with the Solid Waste Authority of Palm Beach County for the delivery
of Municipal Solid Waste to designated facilities and for a Municipal Recycling
Program; providing an effective date; and for other purposes.
c. (pine 35) Proclamation - Declaring July as Parks and Recreation Month.
b.
8W
d.
q: 16
e.
q:db
36. won 01 Pxe $1) Resolution 41, 2008 - Art in
Public Places. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places for the Christ Fellowship
North Campus Planned Unit Development (PUD), as described more particularly
herein; providing a waiver; providing conditions of approval; providing an
effective date; and for other purposes.
) 01 tion on P 0 Resolution 43, 2008 -
Amending the Paloma Planned Unit Development. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending the Paloma
Planned Unit Development (PUD), generally located South of Hood Road, West
of Military Trail, East of Central Boulevard, Parcel 31.04 (MXD), and Interstate
Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as
described more particularly herein, to modify a condition of approval, to delete
the six-foot clear zone requirement, and add signage at the three main entrances;
providing waivers; providing for conditions of approval; providing an effective
date; and for other purposes.
114. OB Pw 150) Resolution 52, 2008 -
Amending Resolution 57, 2007. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida amending Resolution 57, 2007, relating to the
approximately 30-acre RCA Center Planned Unit Development (PUD) (a.k.a.
“Parcel 5B”), located generally at the Southeast corner of PGA Boulevard and
RCA Boulevard, as more particularly described herein, to allow minor changes to
the approved signage plan; providing an additional waiver; providing an effective
date; and for other purposes.
165,uResolution P 55, 2008 - Art
in Public Places. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places for the North County
Regional Library located within the North County Government Center Planned
Community Development (PCD), as described more particularly herein;
providing conditions of approval; providing an effective date; and for other
purposes.
OB 184. Roq~lution OII Pgps 245) Resolution 60, 2008 -
Bright Futures Academy. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the major conditional use of public school and
the corresponding site plan for the approximately 2.0-acre parcel of land, located
at 10300 and 10350 Riverside Drive, as more particularly described herein, to be
referred to as the “Bright Futures Academy”; allowing the renovation of two
existing structures and improvements to the site; providing conditions of
approval; providing an effective date; and for other purposes.
c
i
X. RESOLUTIONS:
d.
I osab
232, Raficrlu thn om Pan e 234) Resolution 54, 2008 -
Adopting a proposed maximum millage rate. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida adopting a proposed maximum millage
rate for the City of Palm Beach Gardens for fiscal Year 2008/2009; setting the
date, time and place of the first budget hearing; providing an effective date; and
for other purposes.
256, Resolution om Pap. e 268) Resolution 57, 2008 -
Contract award to Signal Group, Inc. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida approving a contract award to Signal Group, Inc.
for traffic signal improvements at Kyoto Gardens Drive and Lake Victoria
Gardens Drive in an amount of $226,812.80 via an existing Agreement with St.
Lucie County (No. 07-059); providing an effective date; and for other purposes.
QB we 3$9, Resolution on Bate 3611 Resolution 59, 2008 -
Reappointment of members to the Budget Oversight Committee. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida reappointing four (4)
regular members to the Budget Oversight Committee; providing an effective date;
and for other purposes.
m Paae 367, &ad- QU Pw 345LResolution 62, 2008 -
National Health Insurance Act. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida endorsing Congressional Bill H.R. 676, the US.
National Health Insurance Act; providing an effective date; and for other
purposes.
XI ORDINANCES: (For Consideration on First Reading)
a. ~ 0 Ordinance 15, 2008 -
Convenience Business Security Act. An Ordinance of the City Council of the City
of Palm Beach Gardens, Florida relating to Convenience Business Security;
creating a new Section 78-1 93 to be entitled “Convenience Business Security”;
providing a conflict clause; providing a severability clause; providing the
authority to codify; providing an effective date; and for other purposes.
F -O
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that 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 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print City: 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.
J- - I ccc’” - IS d 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 Name: Address: 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 Print COMMENTS FROM THE PUBLIC Request to Address City Council I City: 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.
Please Name: 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 City: 306 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.
/- 9 GLlC ++&’ L, / Please Print COMMENTS FROM Request to Address 0: n THE PUBLIC City CouprerZ Name: 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 City: p.A 6 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 Name: 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 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.
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CITY COUNCIL MEETING 07/17/08
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS:
DELETIONS:
MODIFICATIONS:
Under ANNOUNCEMENTS / PMSENTA TIONS:
Retirement of Sergeant Jay Wilbur
NONE
NONE
PUBLIC HEARINGS: 07 A712008
b Part I - Ouasi-Judiciil
.* Title Read:
Hearing Opened: I Pave 36. Resolution'on Pane 511
Resolutil 41,2008 - Art in Public Places. A Resolution
of the City Council of the City of Palm Beach Gardens,
Florida approving the Art in Public Places for the Christ
FelIowship North Campus Planued Unit Development
(PUD), as described more particularly herein; providing a
waiver; providing conditions of approval; providw an
8
Ex-Parte:JB DL JR HV EJ /
Petitioner presentation:
St& pfeseutalion:
Hearing Closed:
Vote:
1
Hearing Opened:
Ex-Parte:JB DL JR HV EJ
Title Read:
Petitioner presentation:
StafFPresentation:
Hearing Closed: i?z
Bring back fbr discussion:
Motion:
Vote:
I
I
Ex-Parte:JB DL JR HV EJ
Petitioner presentation:
Staff Presentation:
Development. A Redutxm - of the City Council of the
Ci of Palm Beach Gardens, Florida amdng the
located South of Hood Road, West of Military Trail, East
of Central Boulevard, Pd 31.04 (MXD), and Interstate
Highway 95, and North of the Sabal Ridge Planned Unit
Development (PUD), as described more particularly
herein, to modify a condition of approval, to delete the
six-foot clear zme requirement, andaddsignageatthe
three main entrances; providing waivers; providing fbr
conditions of approval; providing an effective date; and
Paloma Planned Unit Development (PUD), gendly
fbratherplrposes.
Resolution of the City?%uncil of the City of Palm Beach
Gardens, Florida amending Resolution 57,2007, relating
to the approximately 30-acre RCA Center Planned Unit
Development (P7.D) (aka "Parcel SB"), located
generally at the Sauthst comer of PGA Boulevard aad
RCA Boulevard, as mom particularly described herein, to
allow minor changes to the approved signage plan;
providig an additional waivw, providing an effGctivc
date; and for other purposes.
I
2
Resolution of the Ci council of the City of Palm Beach
Gadens, Florida approvingthe major condifional use of
public school and the comsponding site plan for the
approximately 2.O-aae parcel of land, located at 10300
and 10350 Riveaside Drive, as mom particularly described
hemiq to be refkred to as the ‘Bright Eutures Academy”;
allowing the renovation of two existing structures and
improvements to the site; pviding conditions of
approval; providing an efktive date; and for other
purpose!
INll
A
1=95 HOV Expansion Projects
Fact Sheet
Financial ldentification Numbers: 406870- 1-62-07,
406870-2-62-01 & 413843-1-62-01,
In June 2008, the Florida Department of Transportation (FDOT), District 4 Palm Beach Operations,
began the 1-95 Expansion Project between PGA Boulevard in Palm Beach Gardens and lndiantown
Road in the Town of Jupiter. This work consists of three separate projects including:
0 SR 9A / 1-95 from PGA Boulevard to Donald Ross Road
0 SR 9A / 1-95 from Donald Ross Road to lndiantown Road
0 SR 706 / lndiantown Road from the Florida Turnpike to Chasewood Plaza
These projects are the last of several designed to ease congestion and improve mobility along the 1-95
corridor in Palm Beach County. Work includes widening 1-95 from six to 10 lanes; the addition of High
Occupancy Vehicle (HOV) lanes in each direction; new drainage, lighting, signs, sound barriers, traffic
signals and modifications to the existing 1-95 on and off ramps.
The anticipated construction schedule for these projects is as follows: (Please note that this schedule is
tentative and might change because of bad weather or other unforeseen circumstances.)
Project One - lndiantown Road between the Florida Turnpike and Chasewood
Plaza began on June 16, 2008 and will last approximately seven months.
Project Two - 1-95 from Donald Ross Road to lndiantown Road is tentatively
scheduled begin late-August 2008 and end in winter 201 1.
Project Three - 1-95 from PGA Boulevard to Donald Ross Road is tentatively
scheduled to begin mid-August 2008 and end by spring 2012.
In order to complete this work safely, it will be necessary to close travel lanes at various times and
locations. A detailed Maintenance of Traffic (MOT) plan will be implemented to minimize impacts to
motorists, residents and businesses. Please use caution when traveling through the various wotk
zones.
Electronic Message Boards will provide advanced notification of major lane closures, traffic shifts and
ramp closures. Motorists are encouraged to visit the project Web site: www.~bfdot.com/95Ex~ansion for
the latest lane closure information or call 511 before they drive to get current travel conditions.
For more Information, please contact Alicia De Fago, Public Information Specialist, at 561-718-4709 or
via email 95info@~bfdot.com. You may also visit the public information field office, located at 11641 Kew
Gardens Avenue, Suite 101 , in Palm Beach Gardens. The office is open Monday through Friday, from 8
a.m. until 5 p.m.
Last Updated 7/16/08
Here tonight to present the FDOT Project Overview is:
Alicia De Fago
Pat Kennedy
Dan Barbato
Greg Landgraf
Public Information Officer
Project Administrator
Project Administrator
Project Administrator
8
Patty Snider
From:
Sent:
To:
Subject:
Jamie Cobb
Monday, July 14,2008 402 PM
Patty Snider
Fw: City Council Meeting Agenda
FYI- List of people attending from FDc1T.
Jamie E. Cobb
Executive Assistant to the City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
561.799.4110 - Office
561.799.4111 - Fax
jcobb@pbgfl .coni
... and please think before you print.
From: Alicia M. De Fag0 [maib:ADeFago@qca-i~~.m]
Sent: Monday, July 14,2008 2:51 PM
To: Jamie Cobb
Subject: City Council Meeting Agenda
Good Afternoon Jamie,
I wanted to see if you had a copy of the agenda for Thursday's meeting?
From our project, the following persons will be in attendance.
Public Information Officer - Alicia De Fago
Project Administrator - Pat Kennedy
Project Administrator - Dan Barbato
Project Administrator - Greg Landgraf (Tentative Attendance)
Thank you,
Alicia De Fago
Public Information Officer - Northern I-95 Expansion Project
Quest Corporation of America
11641 Kew Gardens Avenue, Suite 101
Palm Beach Gardens, FL 33410
cell:(56 1) 7 18-4709
fax: (561) 578-5401
k
CITY OF PALM BEACH GARDENS
MEMORANDUM
I To: I
City Clerk Patty Snider
Chief Stephen J. Stepp
DATE: July 8,2008
1 SUBJECT: July 19 Council Meeting: Announcements and Presentations
Per our conversation, we request your assistance in acknowledging the retirement of Sgt.
Jay Wilber at the July 17* Council Meeting under Announcements and Presentations.
Sgt. Wilber retired on June 22,2008 after nearly 24 years of dedicated service to the City
of Palm Beach Gardens. Jay was raised on Holly Drive and is a graduate of Palm Beach
Gardens High School and a graduate of Florida State University. He joined the Palm
Beach Gardens Police Department as an auxiliary officer and a short time later became a
full time officer. As an officer he worked in road patrol and was an agent with the Palm
Beach County Multi-agency Narcotics Unit. He went on to become a detective for
several years. During that time, he handled several teenage narcotic overdose cases. This
lead to him starting a high school education program to make teenagers aware of the
dangers of drug abuse. This later evolved into the nationally recognized narcotics
overdose prevention education (NOPE) program. He has conducted presentations to
thousands of students, relaying his personal stories about how drug involvement destroys
lives and has undoubtedly saved the lives of countless kids with his heartfelt message. In
2003, he was promoted to the rank of Sergeant and returned to road patrol.
Jay is also widely known and recognized as a physical fitness guru. He always stays in
top physical condition and was instrumental in designing, equipping and maintaining our
police gym. He also served as a fitness instructor and advisor for our employees. Over
the past 10 years, he has competed in the Florida Police and Fire Olympics and has won
numerous medals and awards, including Toughest Competitor Alive. Jay is a talented
woodworker and has had his creations displayed at major art venues. One of his wooden
horse sculptures appears in our own Finance Department in the office of Jay’s fiancee,
Lisa Scalabrin.
We thank Jay for his dedication and service to the citizens of the City, and wish him
many years of health and happiness in his well-earned retirement.
SJSIamm
June 27,2008
Interim City Attorney Corvett & White
City of Palm Beach Gardens Via Fax: (561) 799-4139
" (561) 799-41 I I
" (56 1 ) 799-4 1 96
Subject: The S IsO~ooU,OO City settlement with FEC.
Interkn City Attorney.
Futber to my Fax ofJune 26,2008 1 was able to receive hrn the City Clerk3 oMce the
f the City Council meeting August 07,2003. On the City Attorney's report there
is no mention ofahe $ I60.000,OO settlement of the dispute with FEC. I noticed that [he
suggestion by Vice Mayor SnbatelIa tu explain the City Attorney's wcumpliuhments tu
tbc residents of Ganien Woods was not carried out. The minute was noi signed by Vier:
Mayor &batello present at the meeting and Council member Russo absent from tt-rc
meeting. As the mpmeabtjvt of Garden Woods on the Qoio issue J never wceivcd the
City's motion ta dissolve the lawsuit filed by the Garden Woads residents.
/ I%->r *
The City summary for tho expenses on the Kyoto CStvdens Drive at-grade railmad
cmssing does not show if the $16O.OOO,OO for the settlement of the dispute was paid to
FEC.
I therefore would like to know if the City Attorney tcctulrlly advised the City Council tti&
the City would pay FEC $160.000,00 in settleineiikof the dispuLe on completion of the:
crossing site as mcntiod in the license agreement digned by Mayor Jablin cm August
19,2003.
11658 HemlAk Street
Palm Bath Gardens
F133410
cc: Mayor, Vice Mayor, City Cou~icil membem
Rodd Ferris, City Manager.
Patricia Snidur, City Clerk.
June 24,2008
Ms. Kara L. Irwin
Growth Munugement Administrator
City of Palm Beach Gardens
10500 NcKth Military Trail
Palm Beach Gardens, FL 33410
Re: PBG Petition CUMJ-0806-0000 12: Bright Futures Acudemy
Dear Ms. Irwin:
We are in receipt of the attached notice related to a public hearing thut will be
held on Tuesday, June 24.2008 regarding a proposed public charter school use to
be located at 10300 and 10350 Riverside Drive in Palm Beach Gardens ("Project").
As you may be aware, Gardens Commerce Center Property Owners Association,
lnc.. is the owner of the recentJy constructed Gardens Commerce Center, and
Riverside Drive Investors, LLC. is the owner of the Riverside Commerce Park and
Riverside Business Center projects that are currently under review by the City, all of
which are within 500 feet of the proposed Project. In fact, Riverside Commerce
Park shares a portion of its southern property fine with the Project.
We have collectively reviewed the proposed site plan and narrative submitted with
the development application for the Project. Although we have no objection
directly related fo the proposed improvements or use, we feel is critical to the
success of our projects to ensure that our rights with respect to future light industrial
uses that desire to occupy our properties along Riverside Drive, some of which may
require approvaf by the City staff and City Council and which may or may not
necessarily be compatible with a public charter school, are preserved.
The Project is proposed to be located within the City's M-1A Light Industrial District
that is meant to be "composed of land und structures suitabte for light
manufacturing, wholesaling, and similar uses." Our companies have made
significant capital investments in our properties along Riverside Drive in the hopes of
aftracting first class light industrial tenants into the City of Palm Beach Gardens.
Accordingly. it is our position that any future uses but are proposed to be located
within the M-1A district along Riverside Drive that are permitted either by right or as
a conditional use should not be looked upon unfavorably by the City or by the
applicant due to the proximity of such uses to a charter school that is located within
an indusfrially-zoned area.
In an effort to bring resolution to this rnutter und provide our support for the Project,
we have asked Mr. Michael Sanchez of Johnston Group Land Development
Consultants, Inc., to contact the applicant's agent with regard to the
Ms. Kara L. lwin
June 24,2008
Page 2 of 2
aforementioned concerns. We have respectfutty requested that the applicant
acknowledge that (1) significant capital investments have been made to
neighboring light-industrial properties prior to the school locating to this location: (2)
the Project is to be located in a light industrial zoning district that does, and will
continue to, contain light-indusfrial uses thaf may or may not be compatible to a
public charter school; and (3) the applicant will not object to future uses along
Riverside Drive that are permitted or conditional in the MI-A zoning district by
reuson of its use being a school. Further, we are requesting that such
acknowledgement be provided in (1) the form of a condition of approval in the
project's development order: and/or (2) o fonnat that can be recorded in the
Public Records of Palm Beach County and is binding of the applicant's successors
and/or assigns with respect +o the ownership of all rn o portion of the property on
which the Project is located.
We will keep you apprised as to progress of our communications with the applicant.
Should you wish to discuss this matter with us, please contact Mr. Sanchez at (561)
69 1-652.
Sincerely,
Thomas I?. Gibson
Riverside Drive Investors, LLC
Glenn E. Straub
Gardens Commerce Centei
Property Owners Association
July 17
Council Members
At a recent council meeting I requested assistance from this council regarding the timing of
pedestrian crossing lights within this City.
You have received a copy of the information sent to me by PB Co. Our staff member Mike
Marrow was very prompt in reaching the right people at the right place and I am happy to share
that crossing time at Northlake and Military Trail has been increased by 7 seconds. I also gained
a fuller understanding of the red and white figures as explained on the paper you have been
given.
Thank you Mike, for a job quickly done.
I
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PALM BEACH COUNTY BOARD OF
Engineering & Public Works
Traffic Division
160 Australian Avenue, S-303
West Palm Beach, FL 33406
COUNTY COMMISSIONERS
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CITY OF PALM BEACH GARDENS
PALM BEACH COUNTY, FLORIDA
PROCLAMATION
WHEREAS, parks and recreation programs enhance our quality of life by
contributing to a healthy lifestyle, increasing communication skills, building self esteem,
teaching life skills, and providing places for enjoyment; and
WHEREAS, parks and recreation programs boost the economy, enhance property
values, attract new business, increase tourism, and reduce crime; and
WHEREAS, recreation builds family unity, strengthens neighborhood involvement,
offers opportunity for social interaction, enhances education, develops creativity, and
promotes cultural diversity; and
WHEREAS, our parks and trails ensure ecological beauty, provide space to enjoy
nature, help maintain clean air and water, preserve plant and animal wildlife, and
WHEREAS, recreation, therapeutic recreation and leisure education are essential to
the rehabilitation of individuals who have been iU or disabled; and
WHEREAS, the National Parks and Recreation Association and the Florida Parks
and Recreation Association designated July as Parks and Recreation Month;
NOW, THEREFORE, I, Eric Jab/in, Mayor af the City of Palm Beach Gardens, do hereby
extend greetings and best wishes to all observing July 2008 as Parks and Recreation Month.
AITEST:
PATRICIA SNIDER, CMC, CITY CLERK
IN WITNESS WHEREOF, I have hereunto
set my hand and caused the Seal of the City
of Palm Beach Gardens, Florida, to be
alfh:ed t · 7t Day of July, in the year
. ht.