HomeMy WebLinkAboutAgenda Council Agenda 031507
City of Palm Beach Gardens
Council Agenda
March 15, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 15, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Honda Classic Video Clip
b. Police Department Accreditation
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:
IX. PUBLIC HEARINGS:
Part I – Non-Quasi-judicial
a. (Staff Report on Page 6, Ordinance on Page 24) Ordinance 1, 2007 – (2nd
reading and adoption) Updating the procedures and guidelines to the City Art in
Public Places program. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida relating to Art in Public Places to clarify and update the
procedures and guidelines applicable to the City’s Art in Public Places program;
repealing Section 78-261, Code of Ordinances entitled “Definitions”; Repealing
Section 78-262, Code of Ordinances entitled “Fee Imposed on Developments”;
creating a new Section 78-261, Code of Ordinances to be entitled “Art in Public
Places Requirements”; creating a new Section 78-262, Code of Ordinances to be
entitled “Standards for Artwork”; creating a new Section 78-263, Code of
Ordinances to be entitled “Waivers”; providing for codification; and providing an
effective date.
b. (Staff Report on Page 40, Ordinance on Page 45) Ordinance 5, 2007 – (2nd
Reading and adoption) Amending Chart of Permitted Uses. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida related to permitted uses
in the Professional Office (PO) Zoning District; amending Section 78-159, Code
of Ordinances, entitled “Permitted Uses, Minor, and Major Conditional Uses, and
Prohibited Uses"; providing for codification; and providing an effective date.
Part II – Quasi-judicial
a. (Staff Report on Page 50, Ordinance on Page 102, Resolution on Page 105)
Ordinance 2, 2007 – (1st reading) Sunoco Service Station Planned Unit
Development – An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; rezoning a parcel of land consisting
approximately of 0.80 acres, generally located at the Southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described herein,
from General Commercial (CG-1) to a Planned Unit Development (PUD) overlay
with underlying General Commercial (CG-1) zoning, to be referred to as the
“Sunoco Service Station”; amending the zoning district map; and providing an
effective date.
Resolution 19, 2007 is a companion item to Ordinance 2, 2007 and will
require Council action at second reading.
Resolution 19, 2007 - Sunoco Service Station Planned Unit Development` - A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and major conditional use for the 0.80-acre parcel of land,
generally located at the Southeast corner of PGA Boulevard and Prosperity Farms
Road, as more particularly described herein, to be referred to as the “Sunoco
Service Station”; allowing the redevelopment of the existing convenience store
with gas sales; providing for waivers; providing for conditions of approval; and
providing an effective date.
b. (Staff Report on Page 114, Ordinance on Page 162, Resolution on Page 166)
Ordinance 12, 2007 – (1st reading) – Redevelopment of Palm Beach Gardens High
School - An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida relating to rezoning; rezoning a Planned Unit Development with
underlying Public or Institutional zoning to allow the demolition and
redevelopment of the existing Palm Beach Gardens High
School, generally located at the Southeast corner of Lilac Street and Military
Trail, as more particularly described herein; and providing an effective date.
Resolution 28, 2007 is a companion item to Ordinance 12, 2007 and will
require Council action at second reading.
Resolution 28, 2007 - Redevelopment of Palm Beach Gardens High School - A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and a major conditional use for the 39.74-acre parcel of
land, generally located at the Southeast corner of Lilac street and Military trail, as
more particularly described herein, to be referred to as the “Palm Beach Gardens
High School”; allowing the redevelopment of the existing high school; providing
for a waiver; providing for conditions of approval; and providing an effective
date.
X. RESOLUTIONS:
a. (Staff Report on Page 173, Resolution on Page 175) Resolution 11, 2007 -
Elected Officer’s Classification in the FRS. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida designating its elected positions for
inclusion in the Elected Officers Class of the Florida Retirement System; and
providing an effective date.
b. (Staff Report on Page 177, Resolution on Page 179) Resolution 33, 2007 -
Agreement with James B. Pirtle Construction Company. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a License
Agreement with James B. Pirtle Construction Company, Inc. for 3.17 acres of
City-owned land located on Lilac Street for the purpose of assisting the School
District of Palm Beach County with the Palm Beach Gardens High School
Modernization Project; and providing an effective date.
c. (Staff Report on Page 194, Resolution on Page 197) Resolution 35, 2007 –
Granting Non-Exclusive Easement number one, to the School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the West entrance to the Palm Beach
Gardens High School Site from Lilac Street; and providing an effective date.
d. (Staff Report on Page 194, Resolution on Page 205) Resolution 36, 2007 –
Granting Non-Exclusive Easement number two, to the School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the East entrance to the Palm Beach
Gardens High School Site from Lilac Street; and providing an effective date.
e. (Staff Report on Page 194, Resolution on Page 213)_Resolution 37, 2007 –
Granting Non-Exclusive Easement number three, to the School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the extension of the East entrance to the
Palm Beach Gardens High School Site; and providing an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 221, Ordinance on Page 223) Ordinance 11, 2007 -
Amending the Fiscal Year 2006/2007 Budget. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ Budget for the fiscal year beginning October 1, 2006, and ending
September 30, 2007, inclusive; and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XVI. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 22,2007
Meeting Date: March 15, 2007
Ordinance 1,2007
Subject/Agenda Item:
Ordinance 1,2007: Amendment to Subdivision I. AIPP, Sec. 78-261; Sec. 78-262
Second Reading & Public Hearing: A City-initiated request for approval of a text amendment to
Section 78-261 and Section 78-262, of Subdivision I. Art in Public Places, Code of Ordinances. This
City Code amendment seeks to revise the Art in Public Places program definitions, procedures, and
standards.
1x1 Recommendation to APPROVE
[ I Recommendation to DENY
Reviewed by:
Planning and Zoning
Tala1 Renothnian, AICP Division Director &
City Attorney
Development Compliance -
NiA
I3ahareli K. Wolfs. AICP
Administrator
Kara Irwin. AICP
Approved By:
Rona&i . Feu
Originating Dept.:
Growth Management:
Prqject
Manager -&h
Brad Wisenian
Planning Manager
[ ] Quasi-Judicial
[XI Legislative
[XI Public Hearing
Advertised:
Date: February 28.
2007
Paper: Palm Reach Po:
[ X ] Required
Affected parties:
[ ]Notified
[XI Not Required
F I N AN c F: :
kimi n is t ril t or:
-N,'A
411an Owens
Building Accountant:
~NIA___~
By: K. Labossiere
Fees ilia
Funding Source:
[ 1 Operating
[XI Other NA --
Budget Acct.#:
NA
City Council Action:
1 Approved
] App. wi conditions
] Denied
] Rec. approval
] Rec. app. wi conds.
[ ] Rec. Denial
[ ] Continued to:
Attach men t s :
0 Ordinance I, 2007
0 Subdivision I. Art in
Public Places (Section
78-261 : Section 78-262)
Date prepared: February 22,2007
Meeting Date: March 15, 2007
Ordinance 1,2007
EXECUTIVE SUMMARY
Ordinance 1, 2007 is a city-initiated request for approval ofa text amendment to Section 78-261 and
Section 78-262, of Subdivision I. Art in Public Places, Code of Ordinances. This City Code
amendment seeks to revise the Art in Public Places program definitions, procedures, and standards.
On July 18, 2006, tlie Art in Public Places Advisory Board voted 7-0 to recommend approval of
Ordinance I, 2007 to the City Council. Then on December 12, 2006, the Planning, Zoning, and
Appeals Board voted 7-0 to recommend approval to the City Council. Subsequently, the City
Council voted 5-0 to pass Ordinance 1, 2007 onto second reading on February 15, 2007.
BACKGROUND
On January 19, 1989, the City Council adopted Ordinance 46, 1988, which created the Art in Public
Places program, which set a 2% art fee requirement for private development with a $1,000,000.00
niinimuni vertical construction cost. The 2% requirement was later amended to 1 YO on September
23, 1993, through tlie adoption of Ordinance 12, 1993. The City further updated the Art in Public
Places program, as a whole, through the adoption of Ordinance 19, 199 1 ; Ordinance 36, 1991 ;
Ordinance 9, 1998; Ordinance 12, 1999; Ordinance 14, 1999; Ordinance 17, 2000; Ordinance 1 1,
2002; and Ordinance 17, 2004.
The most recent amendment in 2004 was not to Srihtlivisiori I. Arf iri Pirhfic Pfnccs, as is the case
with this petition. Ordinance 17,2004, rather, repealed the former Article I11 of Chapter 2, Code of
Ordinances entitled Boards, Cormittees ad Coriirizissioris and adopted a new Article 111, including
Division 2 entitled the “Art in Public Places Advisory Board,” whicli stated the powers and duties of
tlie board, as well as membership requirements.
The latest amendment to Szrhdivisiori 1. Ar-f iri Pithfic Plcices was through the adoption of ordinance
1 1, 2002, which clearly defined that all buildings within planned itnit developments and planned
comniuiiity districts would be assessed cumulatively towards the art in public places requirement.
The current City-initiated code amendment to Siihdivisiori 1. Art iri Pzrhfic Pfcrces, Sec.78-26 1 and
Sec. 78-262, is intended to clarify and rearrange tlie existing laiiguage, and include new language
with the purpose of providing a more cohesive and comprehensive section that can more effectively
implement tlie Art in Public Places Program. Therefore, Sec. 78-261 and Sec. 78-262 are repealed
and are rewritten as Sec. 78-261, Sec. 78-262 and Sec. 78-263.
CITY CODE AMENDMENT
This City Code amendment clarifies and updates tlie Art in Public Places program definitions,
procedures, and requirements.
Section 78-26 1 is amended to state the following: (Deletions are gt-ttdt, new language is underlined):
.. S~C. 78-261. Art in Public Places Requirements
2
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
(a) Dejhiitioiis. The following words, terms and phrases, when iiscd in this division, shall have
tlie meanings ascribed to them in this division, except where thc context clearly indicates a different
ni ean i ng .
(1) Constr-zrctioti cost means total costs of buildings constructed on the site. This includes
total vertical construction of all buildings on a project site, but excluding site
infrastructure. 1 .. ..
m;; :ft-!jr. Iftft aa b
Staff note:
The stricken language above is modified and is relocated to the newly created paragraph (d)
Keqiiirenierits for crrt or fee-in-lie11 of rrrt.
(2) Pe\vlop/ize/it means any eapta-l projcct to construct or remodel any private or public
development, except rcsidential and/or residential components of a mixed-use
development, or any portion thereof within the limits oftlie city, where total construction
cost equals or exceeds S 1,000,000.00.
(3) Art, Artwork, or Works of trrt mean all tangible creations by artists exhibiting the
highest quality of skill and aesthetic principles and includes all forms of the visual arts
conceived in any medium, material, or combination thereof, including, but not limited to,
pai n t i ng, scu 1 p t ire, fou ti tai ns, engraving, carvi n g, frescos, mobi les, murals, collages,
mosaics, bas-reliefs, tapestries, photographs, drawings, artist-designed seating, or other
fiinctional art pieces and collaborative design projects between architects and/or
landscape architects and artists;, together with all hard costs and soft costs such as, but
not limited to, lighting, landscaping, or other aesthetic effects or enhancements integrated
with the art and approved by tlie growth niana:ement administrator. The city council
shall not consider for approval art objects which are mass-produced in unlimited
quantities.
Staff note :
The purposc of tlie modifications to the definition oftrrt, urtitwrk or ic~rlts of rrrt is to clarify that art
is created by an artist or artists, and is not mass-produccd in unlimited quantities. These definitions
provide for more original and creative works of art throughout tlic City, by excluding niass-produced
art objects, which are not necessarily created by an artist, and are produced and distributed in mass
quantities. Also, artist designed seating is being included as one ofthe possible works ofart, which
is consistent with such works of art that have been previously approved by the City Council. In
addition, costs associated with the work of art, which have been included in tlie art budget, are now
provided in the definition for clarification purposes.
3
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
(4) Artist or professiomrl ur/ist means a practitioner in the visual arts, generally
recognized by critics and peers as a professional of serious intent and ability.
Indications of a person’s status as a professional artist include, but are not limited to,
training in the arts, income realized through the sole commission ofartwork, frequent or
consistent art exhibitions, placement of artwork in public institutions or museums, and
receipt of honors and awards in the art field.
Staff note:
The current code does not include a definition for an artist. Therefore, this definition sets the
standard, which the Art in Public Places Advisory Board and the City Council will use to determine
if proposed art is created by an actual artist. In addition, this definition sets forth that the applicant
would have to prove that the work is being created by an artist through a resume, art commissions
etc.
(b) Application Requirements. The applicant shall provide the information described below and
any additional information requested by the growth management department necessary to review the
application pursuant to the standards of the code.
(1) Application forms. The application shall be made on forms provided by the .growth
management depart men t .
(2) Artist information. Portfolio coiitaiiiinq photoqaphs of the artist’s existing work,
exhibition and sales history, and biography.
(3) Miscellaneous plans, renderings, and details. Artist’s color renderinss and/or
photographs of proposed artwork; materials sample board; site plan depicting the
proposed location of the artwork; landscape plan, if necessary, depicting additional
landscapins or modifications to existi1i.q landscaping; architectural elevations, if
necessary, depicting structures associated with tlie artwork; lizhting location plan and
li,ght fixture details; or other information requested by staff, the art in public places
advisory board, or the city council. All submittals shall be required to provide an
accurate representation of the proposed artwork.
Staff note:
The addition of the application requirements included above is to clarify the current submittal
process. The majority of the above-referenced documents are currently submitted with the Art in
Public Places applications, but are not provided in tlie current City Code. This language will ensure
that the applicants will be well informed of the submittal requirements.
+I$) Violdoiis. Violation of this chapter shall be sul3ject to enforcement as provided in article
VII.
wmm ., . Kcc1iiii.c.nieiit.s fbr rrrt or fee iri lieu of art. All new
development, except city projects, where total vertical construction costs of all buildings on a project
site are equal to or ,greater than $1,000,000.00 shall provide art valued in an amount ofone percent of
4
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
tlie total vertical construction costs, as providcd in this section and section 78-262. All buildings
within planned unit developments and planned community districts shall be assessed cumulatively
towards tlie art in public places requirement, even if they are permitted separately. If the aggregate
cost of tlie entire project exceeds the $1,000,000.00 threshold, each phase of development shall
contribute tlie required one percent of construction cost towards art in public places for the building
project. The art fee for redevelopment of an existin2 biii1diti.q shall be calculated based on the
construction costs of tlie new development excluding tlie assessed value ofthe existing buildings that
are replaced or redeveloped.
Staff note:
Tlie newly created paragraph (d) emphasizes the current rcquirenient, and provides further
clarification through the inclusion of tlie relocated language that is stricken from tlie Constntctioi~
cost definition. In addition, new language is included to address how the art fee is calculated for
sites that are being redeveloped.
(1) €tesew& Private Development. A private developer may choose either to provide
artwork on tlie project site or to contribute one percent of tlie total vertical construction
costs to the city’s art impact fiind. Tlie city’s art impact fund shall be interest bearing
with all interest to be retained by tlie city.
Staff note:
The language listed above is currently referenced in Section 78-262(a) and (c). The change in the
proposed language above is meant to clarify tlie current code provisions for artwork that is required
for private development, by combining tlie existing language into one sentence. Tlie minor
modification is consistent with the existing language, which allows the developer to have the option
to citlier place art on their site, or provide money in-licu of on-site art.
a. Contribution of art. If the developer chooses to provide artwork, the art in public
places advisory board shall review tlie proposed artwork and shall recommend to the
city council whether to approve, deny, or approve with conditions the selection and
location of the artwork accordiug to the standards of this division. The artwork shall
be provided as follows:
Staff note:
The new language above is intended to clarify tlic current code by stating clearly the purview of the
Art in Public Places Advisory Board. Tlie actions stated in tlie above paragraph are consistent with
the current procedures of the Art in Public Places Advisory Board.
- 1. Deposit of fiinds. Tlie developer shall submit t&he-&y documentation
to the city showing that a deposit was made with the developer’s attorney into
an escrow account in an amount of money equal to the art fee prior to the
issuance of the first building permit. Tlie developer’s attorney will furnish
the city documentation of tlie withdrawals for payment of art fees in
accordance with tlie terms of tlie contract between the developer and the artist
or artists, of1 tlie developer’s arts consultants. Tlie developer and/or the
5
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1.2007
developer’s attorney will provide tlie city a final written certification and
accounting of the payment of art and consulting fees at the conclusion of the
placement of artwork. This certification shall be provided in a manner
acceptable to the city.
Staff note:
The language in this paragraph is currently locatcd in Section 78-262(a)( 1 ), and is slightly modified
for clarification purposes.
- 2. Surplus balance. Any surplus balance existing in the escrow accounts
after the developer has installed the required artwork shall be collected by the
city. The surplus balance shall be held in a segregated, interest-bearing fund
(the “art impact fiind”), and shall be used for tlie provision of additional art
work at the construction site or another site within tlie city. Use ofsuch funds
shall be determined by the city council~ollowiiig a recommendation by the
art in public places advisory board, and shall be in accordance with further
provisions of this division.
Staff n o te :
The language in the paragraph included above is currently located in Section 78-262(a)(2), and
rcmains unchanged with the exception of the addition of (the “art impact fund”) language, which is
intended to clarify the interest-bearing fiind, and the language that a recommendation needs to be
made by the Art in Public Places Advisory Board before City Council takes formal action.
- 3. Artist selection. The selection and commissions of the artists shall be by
written contract between the developer and artists.
Staff note:
The language above remains unchanged. The language is currently located in Section 78-262(a)(3).
4- Art consultant. The developer may utilize Lip tol2percent ofthe required
fee to retain an art consultant to assist in tlie selection and procurement of
required artwork; an additional 3 percent of the required fee shall be used to
pay the city for administering the art ill public places program. The art
consultant shall have no financial relationship with the artist, nor any
ownership in artwork purchased by the developer. The artist shall be allowed
to act as the art consultant for the art petition, but shall be precluded from
receiving the art consultant fee.
Staff note:
The language in the paragraph included above is currently located in Section 78-262(a)(4), and is
amended in order to reduce the percentage that the developer may utilize to retain an art consultant
fi-om 15 percent to 12 percent. The three percent difference will now be allocated to administer the
Art in Public Places program. In addition, in cases whcre the artist serves as the art consultant, it is
staff‘s professional opinion that this may provide for a conflict of interest, and therefore, new
6
Date prepared: February 22,2007
Rleetiiig Date: March 15,2007
Ordinance 1.2007
IanSuage has been added to prevent tlie artist from receiving the art consultant fee.
5. Vertical construction cost overruns. Prior to the issuance of the final
certificate of occupancy for a projcct, the developer shall submit a revised
construction cost certification. Ifthe final cost ofthe vertical construction for
the entire project is higher than the cost figure used to calculate the
preliminary art budget, the art budget fftttft shall be increased as necessary to
equal one percent of the actual defined total vertical construction cost for the
pro-iect. The art budget wtt& shall be revised within 30 calendar days of any
such changes. The increase in tlie art budget due to the final increase of the
vertical construction cost for tlie entire project shall be placed in the city art
impact fund, or shall be used for the provision of art on site, at the option of
the developer.
Staff note:
The language in the paragraph included above is currently located in Section 78-262(a)(5). It is
being modified to clarify that cost overruns are based on the cntire project’s final vertical
construction cost. In addition, the new language specifies that increases in the art budget can either
be placed in the art impact fund, or the developer can utilize it for the provision of art on the site. For
example, if a project has an original vertical construction cost of $5,000,000.007 and the final vertical
construction cost is $6,000,000.00, the increase in the vertical construction cost would be
S 1,000,000.00, therefore, 1% of $1,000,000.00 is $10,000. The art budget would be increased by
5 10,000, which shall be placed in the art impact fund, or shall be utilized towards placement of art
on site.
- 6. Appraisal. To establish the value of art submitted to comply with this
division, the city may
a&b&y&-eniploy an independent art appraiser to provide a written
appraisal of the art submitted. Such appraisal will be paid for by the
developer as part of the overall art contribution.
Staff note:
The language in the paragraph included above is modi fled. It is currently in Section 78-262(g).
- 7. Artwork purchased pursuant to the requirements of this section belongs to
the property owner, and shall be insured and maintained in good condition at
all times as determined by the city’s code enforcement official. Maintenance
shall include any associated landscaping or related improvements. The city
has the right to maintain any art it deems improperly maintained and charge
the owner the cost of such maintenance~cliidin~ cost of collection, interest,
and attorney’s fees.
Staff note:
The language in the paragraph above currently exists in Section 78-261 (6) and Section 78-262(e)(3).
The existing language is modified to state that the City’s Code Enforcement official will assure that
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Date prepared: February 22,2007
Meeting Date: March 15, 2007
Ordinance 1,2007
there will be compliance with the above-stated requirenients.
8. Unless an altcrnative deadline is established in a development order, or a
time extension is granted by the growth managcment administrator, no
certificate of occupancy for thc project sliall be issued until the artwork is
installed and the final certification and accounting of the payment of the
escrow fees has been provided. Artwork installed in accordance with this
division cannot be altered or removed from the site without approval of the
city council. -:e: :xi- to h+et-y&
Staff note:
Tlie first scntence in the paragraph included above is intcnded to ensure that the art will be installed
on site. It is also intended to ensure that in the case where the applicant has drawn funds from their
escrow account, their attorney would present the City with a final accounting of the withdrawals
prior to tlie issuance of the escrow release letter by the City.
9. The artist of approved artwork sliall gatit to the City of Palm Beach
Gardens an unlimited, perpetual, non-cxclusive, royalty-free, irrevocable
license to reproduce and distribute t~yo-dimensional reproductions of the
artwork for city-related purposes, and grant to the city the exclusive
irrevocable ownership rights in any trademark, service mark, or trade dress
rights regarding the artwork, pursuant to a license that shall be approved by
the city attorney. City approval of tlie artwork shall be deemed to be a grant
of the artist for authorization by third parties to review and reproduce
documents provided by the artist to the city which are deemed to be public
records pursuant to public record laws of the state. Tlie city shall also have
the option of referring to the name and title of the artist and artwork in
reproductions.
Staff note:
The paragraph included above is being proposed to codify the current artist release fonn requirement.
For example, the artist release form has to be signed by artists who request to be part of the City's
postcard series that showcases the Art in Public Places program in the City.
10. Review by the art in public places advisory board.
A. Workshop. The applicant shall appear before the art in public
places advisory board in order to receive .guidance in the initial stages
of the review. In this case, thc applicant shall choose between two
types of review described below:
i. The applicant may appear before the board in order to
receive more detailcd direction, if the applicant does not have
a set direction, prior to receiviiig a final recomniendation by
the board. The applicant is strongly encouraged to submit the
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Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1.2007
portfolios of up to three artists. Tlie portfolios sliall contain
photographs of tlie artists’ existiiig works, as well as the
artists’ biographies; or
ii. The applicant may have a set direction regarding the
artwork and may appear before tlie board for preliminary
comments prior to receiving tlie board’s final
recommend at i o ti. The ap p I i can t sh all si1 b in i t the portfolio of
the proposed artist which shall contain photographs of tlie
artist’s existing works, as well as tlie artist’s biography.
Staff note:
Tlie current code does not contain languagc relative to the Art in Public Places review process. The
new language included above requires tlie workshop stage of tlie review to be mandatory, and is
intended to assist the applicant at the beginning of the process. It is staff‘s professional opinion that
tlie Art in Public Places standards should be revised to streamline tlie process, which will result in
improved public art throughout the City. Therefore, applicants that come before tlie Board would be
made aware of the policies and procedures to be adhered to. It is to be noted that some applicants
may feel strongly about their choice of an artist. In this case, the workshop review is designed so that
tlie applicant can choose between two review options. Please note that the review language does not
amend the Art in Public Places Advisory Board’s purview in making a recommendation or the City
Council’s as tlie final decision-making authority on proposed art.
B. In making its
recommendation to the city council, the board shall consider the
quality of the artwork; tlie exhibition and sales history of the artist;
the artist’s worl<s in public collections and previous public art
purchases or commissions; tlie ability of the artist to complete the
pro-iect within a specified schedule; and the compliance with the
standards of this division.
Criteria for review of artwork by tlie board.
Staff note:
The paragraph above was previously deleted from the Art in Public Places section of the Code of
Ordinances. It is staffs professional opinion that it should be added to this latest revision, in order to
sct review criteria that the Board will follow.
- C. Guidelines. The art in public places advisory board may adopt art
in public places iiiiplenientation guidelines to assist both the public
and private sector planning activities.
Staff note:
Tlic language included above is currently located in Section 78-261 (c)(4). Tlie Art in Public Places
Advisory Board can draft iiiiplenientation guidelines, which are nonbinding, but are effective in
informing applicants of the preferences of the Board. The guidelines would fiirther facilitate the
review process and provide applicants a clearer understanding of tlie AIPP Advisory Board’s
b qii i de I i ti e s .
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Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
1 1. Review by Staff. In making reconiinendations to the art in public places
advisory board and to tlie city council, staff shall consider the standards of
this division in association with sound planning principles.
Staff note:
The current code is not clear on the criteria staff applies to the proposed art during the review
process. Therefore, this language has clarified staff‘s review procedures.
12. In the case of redevelopment of a property which has contributed artwork
on tlie site pursuant to this article, the artwork may be replaced, at the option
of the developer, with new artwork pursuant to this article, or the existin.?
artwork may remain on tlie site. In tlie latter case, the value of the existing
artwork and its placement must comply with this article as if it were new
artwork.
Staff note:
Tlie language above is being included to address the future issue of redevelopment. Staff is being
proactive in approach by proposing language that will address existing art located on sites that may
be redeveloped. The proposed language provides the applicant with an option to either replace the
existing art with new art, or keep the existing art. If tlie applicant keeps the existing art on-site, he or
she will be required to pay the 1% fee for any new construction that results in an amount above the
cost of the existing art. Therefore, the 1% requirement for vertical construction equal to or
exceeding $1,000,000.00 would be maintained.
b. Fee in lieu of artwork. Instead of providing artwork on the proiect site. a
developer may choose to contribute one percent of the total vertical construction
costs as the required art fee. If the contribution is made, the contribution shall be
placed in the city’s art impact fund and used as provided in section 78-261 (d)2. The
contributor shall have no input in tlie use of such fiinds.
Staff note:
The language in the paragraph stated above is currently located in Section 78-262(c), and is being
clarified to indicate that the construction cost is for vertical construction, and to identify the City’s
art account as tlie art inipact fund. This fiirtlier clarifies how the contribution shall be used by
specifying the section of the code to be applied.
(2) Art Impact Fund. When the developer provides a fee in lieu of artwork pursuant to
Section 78-261(d)(l )b., the fo1lowin.g shall apply to the use of the funds:
Staff n o te :
The language in tlie paragraph included above is mentioned in the existing Section 78-262(a). This
new paragraph clarifies that the fee in-lieu of artwork provided by the developer shall follow the
spcci fied criteria listed in the section.
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
- a. Tlie fee shall be placed in tlie city’s art impact fluid. Funds from the art impact
fund may be spent anywhcrc in the city, and such funds niay be spent on any art
or art-related costs such as, but not limited to, lighting, consulting, landscaping,
aesthetic features or enhancements. Art impact funds shall be expended by the
city consistent with tlie city’s procurement process.
Staff note:
Tlie language listed above is currently referenced in Section 78-262(c), and is clarified to include
currciit standard procedures. The current code does not have language that specifies how the art
impact fund can be utilized. Therefore, tlie language in tlie paragraph listed above establishes this
practice. In addition, the City’s procurement process relative to art establishes that purchases less
than $50,000 will receive a recommendation by the Art in Public Places Advisory Places Board prior
to final approval by the City Manager. Purchases over S50,OOO go tlirougli a two stage qualifying
rcquest for proposal (RFP) process and will appcar before tlic Art in Public Places Advisory Board
for a recoiiiniendation prior to final approval by the City Council.
- b. Artist selection. Tlie city shall issuc a call to artists to procure artwork. The art
in public places advisory board shall review submitted proposals and make a
recommendation to tlie city council on the selection and coinmission of artists and
artwork. The selection and commissions of the artists and artwork shall be by written
contract between tlie city and artists
Staff note:
The language listed above currently exists in Section 78-262(c)( l), and is clarified to include the
current standard procedure. All proposals for artwork or artists selection will appear before the AIPP
Board for a recommendation and before tlie City Council for final approval.
- c. Use of purchased art. A11 artwork purchased by tlie city,required art fee
contribution shall be displayed on city-owned land, a city-owned building, or a city-
leased or rented facility unless otherwise approved by the city. The artwork shall be
displayed in a visually accessible location, which shall be suitable to the design ofthe
site, in order for the public to receivc the most enioyment and benefit from the art.
Staff note:
Tlie first scntence of the paragraph includcd above currcntly exists in Section 78-262(~)(2) and is
amcnded to allow for more options where art can be placed. The second sentence has been amended,
to allow for public art to be integrated with the site design. It is staff‘s professional opinion that a
greater degree of flexibility should be allowed when detci-niining the placement of the art. For
cxaniple, a pedestrian plaza within a development with a mix of uses niay be more appropriate for
public art than a portion of tlie site that does not lend itsclf to pedestrian activity. One such example
is of the Thomas Jefferson sculpture, which was approved in the main plaza at Mirasol Town Square.
The location of their piece is accessible to pedestrians and accents the central gathering area of the
development. If the art was placed along Jog Road, where the greatest number of passers-by would
have been, it is staffs professional opinion that thc public clijoynient ofthe art would not have been
niax iniized.
Date prepared: February 22,2007
Meeting Date: March 15, 2007
Ordinance 1,2007
- d. Art consultant. Tlie city may utili,x -epeemW%e funds
allocated froni the art account 7 r- y-kehty to retain an art consultant
1. I, Tlie artist shall be allowed to act
as tlie art consultant, but shall be precluded from receiving the art consultant fee.
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Staff note:
The first sentence of the paragraph included above currently exists in Section 78-262(~)(3), and is
modified to exclude the 15% limit. For example the 15% limit may pose a problem in cases where
an art consultant is hired on a continuing contract basis for projects and/or planning purposes without
set budgets. Therefore, by eliminating tlie 15% limit it would be up to the City’s discretion to
dctet-mine tlie appropriate art consultant fee in compliance with the City’s procurement process. The
sccond sentence is added to prevent a possible conflict of interest by eliminating tlie opportunity for
tlie artist to also receive tlie art consultant fee.
- e. Proper insurance coverage shall be maintained by tlie city 011 artwork purchased
with funds generated by this article or on artwork whose ownership has been
transferred to tlie city. The artwork owned by the city shall be maintained by the city.
Staff note:
Tlie language included above is partially stated in Section 78-262(e)(3) and (0. This paragraph
clarifies the purpose and intention of tlie City Code.
Section 78-262 entitled “Fee imposed on developments.” is repealed and reiianied “Standards for
art w 0 r I< . “
Section 78-262 is amended to state the following: (Deletions are sttwek, new language is underlined):
SCC. 78-262. Standards for artwork.
(aJ Artwork shall be displayed in a visually accessible location, which shall be suitable to tlie
desirn of tlie site, in order for the public to receive the most enioyment and benefit from the art.
Staff note:
All sites are not designed identically, and therefore, it is staffs professional opinion that a greater
degree of flexibility should be allowed when determining the placement of the art. It is staffs
professional opinion that in order to maximize public art eiijoynient, tlie location of the art should
lend itself to the benefit of tlie site’s design. For example, a central gathering area within a Mixed-
Use development may be more appropriate for art than a portion of tlie site that does not lend itselfto
pedestrian traffic such as adjacent to a major arterial.
(b) Artwork shall be integrated into tlie overall planning and design for a structure or project,
and shall be compatible with the intent and purpose of the structure at which the work or works are
located.
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Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
Staff note:
The language in this paragraph is unchanged with tlie amendment. The language is currently located
in Section 78-261 (c)(5)b.
(c) Artwork shall be integrated into the overall landscaping plan, and landscaping shall be
utilized to enhance tlie visibility of such works.
Staff note:
The language in the sentence above is unchanged. The language is currently located in Section 78-
201(C)(5)C.
(d) Artwork shall be lighted at a minimum from dusk until niidnight. The lighting shall be
designed and located in order to prevent excessive liglitin,g, energy waste, .glare, light trespass and
sky glow.
Staff note:
The language above is proposed to be modified to address any negative effects that may be
associated with the lighting for tlie artworks. The existing art lighting requirement is located in
Scction 78-261 (c)(5)d.
(eJ Artwork installed pursuant to the division cannot be altered or removed from the site without
approval of the city council.
Staff 11 o te :
The language in tlie sentence above is located in Section 7S-262(e)(3) and is not being altered.
@ Maintenance. Artwork shall be maintained in good conditions at all times, including any
associated landscaping or related iniprovemcnts.
Staff not e:
The language in the sentence above remains unchanged and is currently located in Section 78-261 (6).
W All artwork purchased by the city required art fee contribution shall be displayed on city-
owned land, a city-owned building, or a city-leased or rentcd facility.
Staff note:
The language above is located in Section 78-262(~)(2), and is unchanged with this amendment
(h) Zoning and Building consideration. Consideration shall be siven to project zoning. Pemiits
and building approval shall be obtained, when necessary, and shall be in compliance with the Florida
Building Code, the National Electric Code and the previously approved plans by city council.
Staff note:
Thc language above is located in Section 78-261(~)(2), and is being modified to specifically state
that permits, which are submitted for construction review are consistent with the plans that were
13
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
approved by the City Council, and are in compliance with tlie ahove-referenced applicable codes.
Section 78-263 is created to state the following: (Deletions ares&&, new language is underlined):
Sec. 78-263. Waiver of Requirements.
tr)@ Waiver. Tlie city council may waive the requirements contained in this division,
utilizing the standards contained herein. Promotion of the general welfare of the city shall be
a major factor in tlie waiver or reduction of fees.
Staff note:
As the City develops, redevelopment may commence in tlie near future. Therefore, redevelopment
should not be excluded from the Art in Public Places fee requirement. Providing art on site would
further enhance tlie redeveloped project.
%(b) Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if
any, which provide substantial iniprovement in excess of existing requirements shall be
factors to be considered in the waiver process.
(4) (cJ Criteria for waiver of fees. Tlie city council shall consider tlie following when
considering a request to waive or reduce required fces:
(1) The impact of proposed improvements on tlie appearance and utility of an
existing structure;
(2) The impact of proposed improvements on existing and potential tenants or
b usi n esses ; and
(3) The probability of tlie owner acquiring substantial or anchor tenants to assist in
relieving financial problems, excess vacancy rates, dilapidated appearance, and
si til i 1 ar problems.
(5) (d) Credit for expenditures.
it; (1) Monies expended for the purpose of meeting minimum code or site plan
requirements shall receive no credit for payment of required fees.
k (2) Landscaping shall be considered a temporary improvement as compared to a
permanent structural improvement in determining a monetary credit. The city council
may not authorize more than 50 percent credit for the cost of installing new or
replacement landscaping. Unusual cost of individual plantings or groups ofplantings,
such as rare exotics, shall not be considered as tlie sole factor for credit.
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Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1.2007
Staff‘ note:
Tlie language above is located in Section 78-262(11)( 1)(2)(3)(4) and (5), and is unchanged with this
amendment.
Staff’ note:
Tlie provision of art on site enhances the appearance of the site, as well as the overall image of tlie
City. Tlicrefore, it is staffs professional opinion that contribution towards placement of art, or the
actual provision of art on site should be requircd. Therefore, the language in (i) and 0) has been
st ricltcn.
ART IN PUBLIC PLACES ADVISORY BOARD
On .Iiine 22,2006, the AIPP Board reviewed tlie proposed AIPP aniendmcnt. Tlie comments made
by the AIPP Board are included below, and staffs responses are in italics.
1 ) Tlie AIPP Board asked staff to clarify when the art fee was changed from 2% to 1%.
Tlie cirt.fee wis citneticlecl~oni 2% to 1‘% on Septeiiihes 33, 1993, through the adoption of
01-dineitice 12, 1993, which is reflected in the “Brrckgroiintl” of the stilffrepor-t.
2) The AIPP Board asked staff to insert additional language relatcd to artist designed seating.
Stuff hm iirltlressetl this coriiiiierit I?j> trtlrliiig “os otlics fiiiictioiinl trrt pieces” to the works of
rrst tlcjinitioii.
Tlie AIPP Board asked staff to evaluate the langiiage regarding mass-produced art in
iin 1 i mi ted q iian ti ties.
It is stciff’s professionell opinion tlicrt the leirigirirge slioirltl ~-c.niciin cis initiiill~’proposec1. The
current coclc does not contain psovisioiis liriiitiiig rrst tliiit is iiiciss-procluced in unliniitecl
qirrrrifities. This lcrngiierge w>ill pr~eveiit tlie irppsovirl of rrrt objects tliert one niiglit be cible to
piri-clime in ci giirdeii shop, hiit Miill iiot liiiiit ~i~oik~ of rrst rlitrt tire prorlirced bji cui cirtist nnel
LIIT port of ci lirnitecl edition. T1iei.e is crtltlitioiirrl Itriigiiirgc~ iiiider the works of art clefinition
tlicit Iirrs been crrrklecl, which states tliut the ~ri.tivoi-k Iicis to e.\-liibit the highest yiicillity of skill
iriitl iresthetic principles. It is iniporteirit to note tlirrt siiierllei- psojects, which mciy not hcwe
Iirrge hirdgets, cintl the prospect of co~i~~~irssioril~ig rui cwigiiicrl work of art nzcrv not he
plcrusible, and inq~ lower the yucr[it?9 of the cist. 111 citklrtioii, there Lire works of urt by world
rei i 01 vn ecl ci rt ists tliii t are pro Liircecl in 11 iii it crl erlit ions, ci iii I t ii el-efiise stciffeels strongly timt
the ltrtigirage iri the code shoirlrl not limit siicli ti possibilitji.
15
Date prepared: February 22,2007
Meeting Date: March 15, 2007
Ordinance 1,2007
4)
5)
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7)
The AIPP Board asked staff to add language iinder the Miscellaneous plans, renderings, and
details paragraph, in order to assure that tlie submitted plans are accurate.
StiIfS Iicis ~itklressed this coiniizerit 17j) inclirtliiig tlie following Iiingirage nt the end of the
ptiriigi-ciph: “or other informition rcqirestcd hj. stcIfL tlie art in pirhlic plcices bourd, or city
coirncil. All suhniittnls shiill he reqirircd to pi-oiitle (in rrcciircrte representation of the art. ”
The AIPP Board asked staff to insert additional language which clarifies that tlie City
Coiincil shall determine the use of the art impact fund following a recommendation by the
AIPP Board.
Stc!fflitrs cidded the proposed l(ingi((rgc3.
The AIPP Board asked staff to define what constitutes an art consultant.
It is stiff’s professional opinion tlitit shoiild 11 definition he provitleil, this 17~1~ pose (I
pohlein hj, liniitiiig tlie type of r.cpir.seiitritioii thit inq. he criuilrihle to the developer.
Fir rtli em ore, s tciff is i r nu wcii*e of of h er pi I hlic rr rt pogi-riiirs t lit it 11 ri IV 11 specific Liefin it ion for
I1 I1 Cll‘t cons 11 ltc1 I1 1.
The AIPP Board asked staff to add languagc that states that the applicant is strongly
cncouraged to submit the portfolios of up to three artists iinder tlie second option of the
workshop process, and switch the order of paragraph one and two.
Stiff hcrs crckli.essetl the AIPP Boai*tl’s coiiimciits (id 1-evised the proposed ninenclnient
irccordiiiglj’.
ART IN PUBLIC PLACES ADVISORY BOARD ACTION
On July 18,2006, the Art in Public Places Advisory Board reviewed petition LDRA-06-06-000007
and recommended approval to the City Council with a 7-0 vote without modifications.
PI,ANNING, ZONING, AND APPEALS BOARD
On December 12,2006, the PZAB Board reviewed the proposed .4IPP amendment. The comments
made by the PZAB Board are included below, and staffs responses are in italics.
1) The PZAB Board requested staff to clarify that “site infrastructure” is not included in
calculating vertical construction costs.
Stc!fflicis revised the proposed langircige for tlie Coristi.irctioii cost clcfiriition accordinglj:
2) The PZAB Board requested staff to add language iinder the Ilevelopnient definition that
fiirther clarifies residential components of mixed use projects are exempt from the 1 % art
contribution requirement.
Stcff litis revised the proposed Irrngirtrge irccordiiigli,.
3) The PZAB Board requested staff to add language that states the art impact fund shall be
interest bearing and all interest is retained by the City.
Stuff ti cis revis ecl the propos ell la ng i I crge i I I i tier Sect io I I 78 - 2 5 I (il) (I) (r cco rdingly .
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Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
The PZAB Board requested staff to add language under Section 78-261 (d)( 1 )a. 1. stating that
in addition to the developer’s attorney, the de\ eloper, rather than hidhers attorney could
provide the final written certification of the accounting of the payment of the art and
consulting fees in a manner that is acceptable to tlie City.
Stuff hirs revised the proposed Icirigiicige ciccoi-tliiigl\:
The PZAB Board requested staff to add language to the maintenance requirement under
Section 78-261 (d)( l)a.7. regarding charges that the property will be billed should the art not
be maintained.
Stiff has acl‘cled the followirig laiigirirge: “iiiclirdiiig cost of collectiofi, interest, ntid
uttor.iiej)’s fees” to the above referenced code scctioii.
The PZAB Board requested staff to add language that provides the applicant with the option
to request a time extension regarding the installation of the artwork from the Growth
Management Administrator.
Stuff litis cicl‘tlccl the pr-oposetl lrriigirnge irtirlcv. Scctioii 78-26] ((I)( I)CI. 8. cicrorclitigly.
The PZAB Board requested staff to add language that states that the City shall have the
option of referring to the name and title of the artist and artwork in reproductions.
Stuff .. 11 cis crtlcletl the proposed lu iigiiirge ir ii der Sectior i 78-3 6 I ((1) (I) (I. 9. n ccor.clingly.
The PZAB Board requested staff to add language that states that tlie City shall have the
option of placing art owned by the City 011 land that is not necessarily owned or rented by the
City.
Stuf Iicrs ticliletl the followiiig Icrtigirrrge: “iriilc~ss otliei-itise oppt-oved bdv tlie city” under.
Scctioii 78-26 I (il)(l)b. (2)c. ciccoi-diiigli).
PLANNING, ZONING, AND APPEALS BOARD ACTION
On December 12,2006, tlie PZAB Board reviewed Ordinance 1,2007 and reconimended approval to
the City Council with a 7-0 vote.
CITY COUNCIL ACTION
On February 15, 2007, the City Council voted 5-0 to pass Ordinance 1, 2007 onto second reading.
City Council directed staff to research what projects may be affected should the current
S 1 .000,000.00 vertical construction cost requirement be changed to $500,000.00. Staff performed
tlie necessary research and determined that the Turtle Bcacli Divosta project would be affected
should the vertical construction requirement be changed to $500,000.00. According to tlie applicant,
the estimated vertical construction cost for the Turtle Beach Divosta project, located at tlie northwest
corner of PGA Boulevard and Military Trail, is between $6S0,000.00 and $700,000.00.
Furthermore, according to the applicant for the Suiioco Gas station (f.k.a. Speedway) that is located
at the southeast corner of PGA Boulevard and Prosperity Farins Road, the approximate vertical
construction cost will be $470,000.00. Additionally, please note that smaller scale developments
17
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 1,2007
such as other stand-alone banks or gas stations could also meet tlie $500,000.00 threshold. For
example, the Sui1 Trust Bank and the Bank of America outparcels, which are located witliiii the
Mirasol Walk Planned Unit Development (PUD) would havc met tlie threshold of $500,000.00 if
they were stand-alone projects. Please note that tlicsc recently developed outparcels had construction
costs of $755,771 .OO for Sui1 Trust Bank, and $900,000.00 for Bank of America.
Staff notes that 1 ?h of tlie vertical construction cost of $50O,OOO.OO would require art on site or fee-
in-lieu of art in tlie amount of $5,000.00. It is staff s professional opinion, and based upon previous
art budgcts, that $5,000.00 would not be significant enou~li to provide art on site and would be better
served if included in the Art Impact Fund.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance I, 2007.
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ORDINANCE 1,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ART IN PUBLIC
PLACES TO CLARIFY AND UPDATE THE PROCEDURES AND
GUIDELINES APPLICABLE TO THE CITY’S ART IN PUBLIC
PLACES PROGRAM; REPEALING SECTION 78-261, CODE OF
ORDINANCES ENTITLED “DEFINITIONS”; REPEALING SECTION
78-262, CODE OF ORDINANCES ENTITLED “FEE IMPOSED ON
DEVELOPMENTS”; CREATING A NEW SECTION 78-261, CODE
OF ORDINANCES TO BE ENTITLED “ART IN PUBLIC PLACES
REQUIREMENTS”; CREATING A NEW SECTION 78-262, CODE OF
ORDINANCES TO BE ENTITLED “STANDARDS FOR ARTWORK”;
CREATING A NEW SECTION 78-263, CODE OF ORDINANCES TO
BE ENTITLED “WAIVERS”; PROW DI N G FOR COD1 FIC AT10 N ;
AND RROVlDlNG AN EFFECTIVE DATE.
WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens
contains provisions for an Art in Public Places program, at Chapter 78, Division 6
“Public Places,” Subdivision I. “Art in Public Places”; and
WHEREAS, the Art in Public Places fee requirement was established by
Ordinance 46, 1988, which set a $1,000,000.00 minimum construction cost for the Art in
Public Places requirement; and
WHEREAS, the City updated the Art in Public Places program through the
adoption of Ordinance 17, 2000 and the adoption of Ordinance 11, 2002; and
WHEREAS, the City Council, through the adoption of Ordinance 17, 2004,
repealed the former Article Ill of Chapter 2, Code of Ordinances entitled “Boards,
Committees and Commissions” in its entirety and adopted a new Article Ill, including
Division 2, entitled “Art in Public Places Advisory Board,” which created the Art in Public
Places Advisory Board, its purpose, powers, and duties, and the number, qualifications,
and terms of office of the members thereof; and
WHEREAS, the City Council has determined that it is necessary to repeal
Subdivision I. “Art in Public Places” to clarify and update the procedures and the
guidelines applicable to the art in public places program; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Art in Public Places Advisory Board on July 18, 2006, which recommended its
approval by a vote of 7-0; and
~
Date Prepared: October 19, 2006
Date Prepared: October 19,2006
Ordinance 1,2007
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WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning, and Appeals Board, sitting as the Land Development Regulations
Commission, at a public hearing on December 12, 2006, which recommended its
approval by a vote of 7-0; and
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.
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 78-261 , Code of Ordinances entitled “Definitions” and 78-
262, Code of Ordinances entitled “Fee imposed on developments” are hereby repealed
in their entirety; and
SECTION 3. Section 78-261, Code of Ordinances entitled “Art in Public Places
Requirements,” is created to read:
Sec. 78-261. Art in Public Places Requirements.
(a) Definitions. The following words, terms, and phrases, when used in this
division, shall have the meanings ascribed to them in this division, except where the
context clearly indicates a different meaning.
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38 (3)
Construction cost means total costs of buildings constructed on the
site. This includes total vertical construction of all buildings on a
project site, but excluding site infrastructure.
Development means any project to construct or remodel any private
or public development, except residential and/or residential
components of a mixed-use development, or any portion thereof
within the limits of the city, where total construction cost equals or
exceeds $1,000,000.00.
Art, Artwork, or Works of art mean all tangible creations by artists
exhibiting the highest quality of skill and aesthetic principles and
includes all forms of the visual arts conceived in any medium,
material, or combination thereof, including, but not limited to,
pai nting , scul pture, fountains, engravi ng , carvi ng , frescos, mobiles,
murals, collages, mosaics, bas-reliefs, tapestries, photographs,
drawings, artist-designed seating, or other functional art pieces and
collaborative design projects between architects and/or landscape
architects and artists, together with all hard costs and soft costs such
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Date Prepared: October 19,2006
Ordinance 1, 2007
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as, but not limited to, lighting, landscaping, or other aesthetic effects
or enhancements integrated with the art and approved by the growth
management administrator. The city council shall not consider for
approval art objects which are mass-produced in unlimited quantities.
(4) Artist or professional artist means a practitioner in the visual arts,
generally recognized by critics and peers as a professional of serious
intent and ability. Indications of a person’s status as a professional
artist include, but are not limited to, training in the arts, income
realized through the sole commission of artwork, frequent or
consistent art exhibitions, placement of artwork in public institutions
or museums, and receipt of honors and awards in the art field.
(b) Application Requirements. The applicant shall provide the information
described below and any additional information requested by the growth
management department necessary to review the application pursuant to the
standards of the code.
(1) Application forms. The application shall be made on forms provided
by the growth management department.
(2) Artist information. Portfolio containing photographs of the artist’s
existing work, exhibition and sales history, and biography.
(3 Miscellaneous plans, renderings, and details. Artist’s color
renderings and/or photographs of proposed artwork; materials
sample board; site plan depicting the proposed location of the
artwork; landscape plan, if necessary, depicting additional
landscaping or modifications to existing landscaping; architectural
elevations, if necessary, depicting structures associated with the
artwork; lighting location plan and light fixture details; or other
information requested by staff, the art in public places advisory
board, or the city council. All submittals shall be required to provide
an accurate representation of the proposed artwork.
(c) provided in article VII.
Violations. Violation of this chapter shall be subject to enforcement as
(d) Requirements for art or fee in lieu of art. All new development, except city
projects, where total vertical construction costs of all buildings on a project site
are equal to or greater than $1,000,000.00 shall provide art valued in an amount
of one percent of the total vertical construction costs, as provided in this section
and section 78-262. All buildings within planned unit developments and planned
community districts shall be assessed cumulatively towards the art in public
places requirement, even if they are permitted separately. If the aggregate cost
of the entire project exceeds the $1,000,000.00 threshold, each phase of
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Ordinance 1,2007
development shall contribute the required one percent of construction cost
towards art in public places for the building project. The art fee for
redevelopment of an existing building shall be calculated based on the
construction costs of the new development, excluding the assessed value of the
existing buildings that are replaced or redeveloped.
(1) Private Development. A private developer may choose either to
provide artwork on the project site or to contribute one percent of the
total vertical construction costs to the city’s art impact fund. The
city’s art impact fund shall be interest bearing with all interest to be
retained by the city.
a. Contribution of art. If the developer chooses to provide artwork,
the art in public places advisory board shall review the proposed
artwork and shall recommend to the city council whether to
approve, deny, or approve with conditions the selection and
location of the artwork according to the standards of this division.
The artwork shall be provided as follows:
1. Deposit of funds. The developer shall submit documentation
to the city showing that a deposit was made with the
developer’s attorney into an escrow account in an amount of
money equal to the art fee prior to the issuance of the first
building permit. The developer’s attorney will furnish the city
documentation of the withdrawals for payment of art fees in
accordance with the terms of the contract between the
developer and the artist or artists, or the developer’s arts
consultants. The developer and/or the developer‘s attorney
will provide the city a final written certification and
accounting of the payment of art and consulting fees at the
conclusion of the placement of artwork. This certification
shall be provided in a manner acceptable to the city.
2. Surplus balance. Any surplus balance existing in the escrow
accounts after the developer has installed the required
artwork shall be collected by the city. The surplus balance
shall be held in a segregated, interest-bearing fund (the “art
impact fund’’), and shall be used for the provision of
additional art work at the construction site or another site
within the city. Use of such funds shall be determined by the
city council, following a recommendation by the art in public
places advisory board, and shall be in accordance with
further provisions of this division.
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3. Artist selection. The selection and commissions of the
artists shall be by written contract between the developer
and artists.
4. Art consultant. The developer may utilize up to 12 percent
of the required fee to retain an art consultant to assist in the
selection and procurement of required artwork; an additional
3 percent of the required fee shall be used to pay the city for
administering the art in public places program. The art
consultant shall have no financial relationship with the artist,
nor any ownership in artwork purchased by the developer.
The artist shall be allowed to act as the art consultant for the
art petition, but shall be precluded from receiving the art
consultant fee.
5. Vertical construction cost overruns. Prior to the issuance of
the final certificate of occupancy for a project, the developer
shall submit a revised construction cost certification. If the
final cost of the vertical construction for the entire project is
higher than the cost figure used to calculate the preliminary
art budget, the art budget shall be increased as necessary to
equal one percent of the actual defined total vertical
construction cost for the project. The art budget shall be
revised within 30 calendar days of any such changes. The
increase in the art budget due to the final increase of the
vertical construction cost for the entire project shall be
placed in the city art impact fund, or shall be used for the
provision of art on site, at the option of the developer.
6. Appraisal. To establish the value of art submitted to comply
with this division, the city may employ an independent art
appraiser to provide a written appraisal of the art submitted.
Such appraisal will be paid for by the developer as part of
the overall art contribution.
7. Artwork purchased pursuant to the requirements of this
section belongs to the property owner, and shall be insured
and maintained in good condition at all times as determined
by the city’s code enforcement official. Maintenance shall
include any associated landscaping or related
improvements. The city has the right to maintain any art it
deems improperly maintained and charge the owner the cost
of such maintenance, including cost of collection, interest,
and attorney’s fees.
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8. Unless an alternative deadline is established in a
development order, or a time extension is granted by the
growth management administrator, no certificate of
occupancy for the project shall be issued until the artwork is
installed and the final certification and accounting of the
payment of the escrow fees has been provided. Artwork
installed in accordance with this division cannot be altered or
removed from the site without approval of the city council.
9. The artist of approved artwork shall grant to the City of Palm
Beach Gardens an unlimited, perpetual, non-exclusive,
royalty-free, irrevocable license to reproduce and distribute
two-dimensional reproductions of the artwork for city-related
purposes, and grant to the city the exclusive irrevocable
ownership rights in any trademark, service mark, or trade
dress rights regarding the artwork, pursuant to a license that
shall be approved by the city attorney. City approval of the
artwork shall be deemed to be a grant of the artist for
authorization by third parties to review and reproduce
documents provided by the artist to the city which are
deemed to be public records pursuant to public record laws
of the state. The city shall also have the option of referring
to the name and title of the artist and artwork in
reproductions.
IO. Review by the art in public places advisory board.
A. Workshop. The applicant shall appear before the art in
public places advisory board in order to receive guidance
in the initial stages of the review. In this case, the
applicant shall choose between two types of review
described below:
i. The applicant may appear before the board in order
to receive more detailed direction, if the applicant
does not have a set direction, prior to receiving a
final recommendation by the board. The applicant
is strongly encouraged to submit the portfolios of up
to three artists. The portfolios shall contain
photographs of the artists’ existing works, as well as
the artists’ biographies; or
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B.
ii. The applicant may have a set direction regarding
the artwork and may appear before the board for
preliminary comments prior to receiving the board’s
final recommendation. The applicant shall submit
the portfolio of the proposed artist which shall
contain photographs of the artist’s existing works,
as well as the artist’s biography.
Criteria for review of artwork by the board. In making its
recommendation to the city council, the board shall
consider the quality of the artwork; the exhibition and
sales history of the artist; the artist’s works in public
collections and previous public art purchases or
commissions; the ability of the artist to complete the
project within a specified schedule; and the compliance
with the standards of this division.
C. Guidelines. The art in public places advisory board may
adopt art in public places implementation guidelines to
assist both the public and private sector planning
activities.
11. Review by Staff. In making recommendations to the art in
public places advisory board and to the city council, staff
shall consider the standards of this division in association
with sound planning principles.
12. In the case of redevelopment of a property which has
contributed artwork on the site pursuant to this article, the
artwork may be replaced, at the option of the developer, with
new artwork pursuant to this article, or the existing artwork
may remain on the site. In the latter case, the value of the
existing artwork and its placement must comply with this
article as if it were new artwork.
b. Fee in lieu of artwork. Instead of providing artwork on the project
site, a developer may choose to contribute one percent of the
total vertical construction costs as the required art fee. If the
contribution is made, the contribution shall be placed in the city’s
art impact fund and used as provided in section 78-261(d)(2).
The contributor shall have no input in the use of such funds.
(2) Art Impact Fund. When the developer provides a fee in lieu of
artwork pursuant to Section 78-261 (d)(l )b., the following shall apply
to the use of the funds:
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a.
b.
C.
d.
e.
The fee shall be placed in the city’s art impact fund. Funds from
the art impact fund may be spent anywhere in the city, and such
funds may be spent on any art or art-related costs such as, but
not limited to, lighting, consulting, landscaping, aesthetic features
or enhancements. Art impact funds shall be expended by the city
consistent with the city’s procurement process.
Artist selection. The city shall issue a call to artists to procure
artwork. The art in public places advisory board shall review
submitted proposals and make a recommendation to the city
council on the selection and commission of artists and artwork.
The selection and commissions of the artists and artwork shall be
by written contract between the city and artists.
Use of purchased art. All artwork purchased by the city-required
art fee contribution shall be displayed on city-owned land, a city-
owned building, or a city-leased or rented facility unless
otherwise approved by the city. The artwork shall be displayed in
a visually accessible location, which shall be suitable to the
design of the site, in order for the public to receive the most
enjoyment and benefit from the art.
Art consultant. The city may utilize funds allocated from the art
account to retain an art consultant. The artist shall be allowed to
act as the art consultant, but shall be precluded from receiving
the art consultant fee.
Proper insurance coverage shall be maintained by the city on
artwork purchased with funds generated by this article or on
artwork whose ownership has been transferred to the city. The
artwork owned by the city shall be maintained by the city.
SECTION 4. Section 78-262, Code of Ordinances entitled “Fee imposed on
developments” is repealed in its entirety.
SECTION 5. Section 78-262, Code of Ordinances to be entitled “Standards for
artwork is created to read as follows:
Sec. 78-262. Standards for artwork.
(a) Artwork shall be displayed in a visually accessible location, which shall be
suitable to the design of the site, in order for the public to receive the most enjoyment
and benefit from the art.
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(b) Artwork shall be integrated into the overall planning and design for a
structure or project, and shall be compatible with the intent and purpose of the structure
at which the work or works are located.
(c) Artwork shall be integrated into the overall landscaping plan, and
landscaping shall be utilized to enhance the visibility of such works.
(d) Artwork shall be lighted at a minimum from dusk until midnight. The
lighting shall be designed and located in order to prevent excessive lighting, energy
waste, glare, light trespass, and sky glow.
(e) Artwork installed pursuant to the division cannot be altered or removed
from the site without approval of the city council.
(f) Maintenance. Artwork shall be maintained in good condition at all times,
including any associated landscaping or related improvements.
(9) All artwork purchased from the art impact fund shall be displayed on city-
owned land, a city-owned building, or a city-leased or -rented facility.
(h) Zoning and Building consideration. Consideration shall be given to project
zoning. Permits and building approval shall be obtained, when necessary, and shall be
in compliance with the Florida Building Code, the National Electric Code, and the
previously-approved plans by city council.
SECTION 6. A new Section 78-263, Code of Ordinances to be entitled “Waiver
of requirements’’ is created to read as follows:
Sec. 78-263. Waiver of Requirements.
(a)
division, utilizing the standards contained herein.
welfare of the city shall be a major factor in the waiver or reduction of fees.
Waiver. The city council may waive the requirements contained in this
Promotion of the general
(b) Other upgrades. Upgrading of landscaping, project entrances, and vehicle
parking, if any, which provide substantial improvement in excess of existing
requirements shall be factors to be considered in the waiver process.
(c) when considering a request to waive or reduce required fees:
Criteria for waiver of fees. The city council shall consider the following
(1) The impact of proposed improvements on the appearance and utility
of an existing structure;
(2) The impact of proposed improvements on existing and potential
tenants or businesses; and
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(3) The probability of the owner acquiring substantial or anchor tenants
to assist in relieving financial problems, excess vacancy rates,
dilapidated appearance, and similar problems.
(d) Credit for expenditures.
(1) Monies expended for the purpose of meeting minimum code or site
plan requirements shall receive no credit for payment of required
fees.
(2) Landscaping shall be considered a temporary improvement as
compared to a permanent structural improvement in determining a
monetary credit. The city council may not authorize more than 50
percent credit for the cost of installing new or replacement
landscaping. Unusual cost of individual plantings or groups of
plantings, such as rare exotics, shall not be considered as the sole
factor for credit.
SECTION 7. Codification of this Ordinance is hereby authorized and directed.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Ordinance 1,2007
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PASSED this /s=day of FH wwq , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin. Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\AIPP - Ord 1 2007.d~
FOR AGAINST ABSENT
11
'5 78-253 PALM BEACH GARDENS CODE
(4) Removal of native uegetation. Removal of native vegetation shall be minimized in the
land development process. When feasible, native material shall be relocated on site.
Native vegetation which cannot be transplanted or relocated on-site is encouraged to
be offered for donation or to be sold by the applicant.
(Ord. No. 17-2000, 0 119, 7-20-00)
Secs. 78-264-78-260. Reserved.
DIVISION 6. PUBLIC PLACES*
Subdivision I. Art in Public Places
Sec. 78-261. Definitions.
(a) Definitions. The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this division, except where the context clearly indicates
a different meaning.
Corfstruction cost means total costs of buildings constructed on the site. This includes
total vertical construction of all buildings on a project site. All buildings within
planned unit developments and planned community districts shall be assessed
cumulatively towards the art in public places requirement, even if they are permitted
separately. If the aggregate cost of the entire project exceeds the $1,000,000.00
threshold, each phase of development shall pay the required one percent of construc-
tion cost towards art in public places for the building project.
Development means any capital project to construct or remodel any private or public
development, except residential, or any portion thereof within the limits of the city,
where total construction cost equals or exceeds $1,000,000.00.
Works of art mean all forms of the visual arts conceived in any medium, material, or
combination thereof, including but not limited to painting, sculpture, fountains,
engraving, carving, fiescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries,
photographs, drawings, and collaborative design projects between architects andor
landscape architects and artists.
(1)
(2)
(3)
(b) Violations. Violation of this chapter shall be subject to enforcement as provided in article
VII.
(c) Art in public places advisory board.
(1) Reserved.
(2) Zoning consideration. Consideration must be given to project zoning (as base specifi-
cations and wind tolerance for sculpture). Permits and building approval must be
obtained, when necessary.
*Editor's note-Formerly, div. 5. See the editor's note ch. 78, art. V, div. 3.
" N
Supp. No. 16 CD78:220
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LAND DEVELOPMENT 5 78-262
(3) Reserved.
(4) Guidelines. The committee bard1 shall adopt Art in Public Places Implementation
Guidelines to assist both public and private sector planning activities,
(5) Installation. Installation of artwork shall be guided by the standards listed below,
a.
b.
Artwork shall be installed to be visible to the maximum number of passers-by
Artwork shall be integrated into the overall planning and design for a structure
or project, and shall be compatible with the intent and purpose of the structure
at which the work or works are located.
Artwork shall be integrated into the overall landscaping plan, and landscaping
shall be utilized to enhance the visibility of such works.
c.
d. Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall
be illuminated from dusk until midnight.
(6) Maintenance, Artwork shall be maintained in good conditions at all times, including
any associated landscaping or related improvements,
(Ord. No. 17-2000,P 120,7-20-00; Ord. No. 11-2002,§ 1,3-21-02; Ord. No. 17-2004,§ 5,6-3-04)
Sec. 78-262. Fee imposed on developments.
(a) Fee. All budgets for the new construction of private and public developments in the city,
as specified in section 78-261, shall include an amount of one percent of the total budgets as
a fee for art in public places. The fee shall be imposed and paid as provided below.
(1) Deposit of funds. The developer shall submit to the city documentation showing that
a deposit was made with the developer's attorney into an escrow account in an amount
of money equal to the art fee prior to the issuance of the first building permit. The
developer's attorney will furnish the city documentation of the withdrawals for
payment of art fees in accordance with the terms of the contract between the developer
and the artist or artists, of the developer's arts consultant. The developer's attorney
will provide the city a final certification and accounting of the payment of art and
consulting fees at the conclusion of the placement of artwork,
(2) Surplus balance. Any surplus balance existing in the escrow accounts after the
developer has installed the required artwork shall be collected by the city. The surplus
balance shall be held in a segregated, interest-bearing hnd, and shall be used for the
provision of additional art work at the construction site or another site within the city.
Use of such funds shall be determined by the city council and shall be in accordance
with further provisions of the chapter.
(3) Artist selection. The selection and commissions of the artists shall be by written
contract between the developer and artists.
Supp. No. 16 CD78:221
0 78-262 PALM BEACH GARDENS CODE
(4) Arts consultant. The developer may utilize up to 15 percent of the required fee to retain
an arts consultant to assist in the selection and procurement of required artwork. The
arts consultant shall have no financial relationship with the artist, or any ownership
in artwork purchased by the developer.
Cost overruns. If the final project cost is higher than the cost figure used to calculate
the preliminary art budget, the art budget must be increased as necessary to equal one
percent of the actual defined total project cost. The art budget must be revised within
30 calendar days of any such changes.
(5)
(b) Location. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
(c) Contribution of developer. Instead of providing the artwork on the project site, a
developer may choose to contribute one percent of the total construction costs as the required
art fee. If the contribution is made, the contribution shall be placed in the city's art account.
The contributor shall have no input in the use of such funds.
(1) Artist selection. The selection and commissions of the artists and artwork shall be by
written contract between the city and artists.
Use of purchased art. All artwork purchased by the city required art fee contribution
shall be displayed on city-owned land, a city-owned building, or a city-leased or rented
facility. The artwork shall be displayed in a location visually accessible to both
pedestrian and vehicular traffic.
Art consultant. The city may utilize up to a maximum of 15 percent of the funds
allocated from the art account for any particular city facility to retain an art consultant
to assist in the selection and installation of artwork.
(2)
(3)
(d) Guidelines. The selection and commissioning of artists shall be in accordance with the
art in public places implementation guidelines adopted by the art in public places advisory
board.
(e) Special art in public places advisory board.
(1) Reserved.
(2) Reserved.
(3) Ownership and maintenance. Artworks purchased pursuant the requirements of this
subdivision belong to the property owner, and must be insured and maintained.
Artworks purchased under subsection 78-262(c) are the property of the city and shall
be maintained by the city. Artwork installed in accordance with this chapter cannot be
altered or removed from the site without approval of the city council. When developer-
owned art is situated at or on property or facilities owned or occupied by the city, the
developer may transfer ownership to the city. Such art must be maintained by the city,
The city has the right to maintain any art it deems improperly maintained and charge
the owner the cost of such maintenance.
Supp. No. 16 CD78:222
LAND DEVELOPMENT 8 78-262
(0 Insurance. Proper insurance coverage shall be maintained by the city on artworks
purchased with funds generated by this article or on artwork whose ownership has been
transferred to the city,
(g) Appraisal. Tb establish the value of art submitted to comply with this division, the art
in public places advisory board shall have the authority to employ an independent art
appraiser to provide a written appraisal of the art submitted. Such appraisal will be paid for
by the developer as part of the overall art contribution.
(h) Waiuer of requirements.
(1) Waiver. The city council may waive the requirements contained in this chapter,
utilizing the standards contained herein. Promotion of the general welfare of the city
shall be a major factor in the waiver or reduction of fees.
(2) Existing structures. Required fees may only be waived in whole or in part provided an
existing complex is subject of extensive plans for redevelopment of the exterior of
existing structures, or buildings are demolished and replaced with square footage
equal to or less than that of original buildings.
(3) Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if
any, which provide substantial improvement in excess of existing requirements shall
be factors to be considered in the waiver process.
(4) Criteria for waiver of fees. The city council shall consider the following when
considering a request to waive or reduce required fees:
a. The impact of proposed improvements on the appearance and utility of an
existing structure;
b. The impact of proposed improvements on existing and potential tenants or
businesses; and
c. The probability of the owner acquiring substantial or anchor tenants to assist in
relieving financial problems, excess vacancy rates, dilapidated appearance, and
similar
(5) Credit for expenditures.
a. Monies expended for the purpose of meeting minimum code or site plan
requirements shall receive no credit for payment of required fees.
b. Landscaping shall be considered a temporary improvement as compared to a
permanent structural improvement in determining a monetary credit. The city
council may not authorize more than 50 percent credit for the cost of installing
new or replacement landscaping. Unusual cost of individual plantings or groups
of plantings, such as rare exotics, shall not be considered as the sole factor for
credit.
(i) Architectural features. The city council may grant a partial credit toward required fees
when a project contains unusual architectural features.
Supp. No. 16 CD78:223
8 78-262 PALM BEACH GARDENS CODE
(i) Aesthetic features. The city council, upon the recommendation of the art in public places
advisory board, may give a developer partial credit for an element of the project which supplies
creditable aesthetic features for the benefit of the public.
(Ord. No. 17-2000, 4 121, 7-20-00; Ord. No. 17-2004, §§ 1, 5, 6-3-04)
Secs. 78-263-78-270. Reserved.
DIVISION 7. SIGNS*
Sec. 78-271. Intent and purpose.
The purpose of this division is to create the legal framework for a comprehensive and
balanced system of signage to facilitate an easy and pleasant communication between people
and their environment and to avoid the visual clutter that is potentially harmful to traffic and
pedestrian safety, property values, business opportunities and community appearance. With
these purposes in mind, it is the intent of this division to authorize the use of signs, provided
they are compatible with their surroundings, appropriate to the activity that displays them,
expressive of the identity of the individual activities and the community as a whole, and legible
in the circumstances in which they are seen.
(Ord. No. 17-2000, 5 122, 7-20-00)
*Editor's note-Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3.
Supp. No. 16 CD78:224
ciw 01; PAIN REACH GARDENS CITY COUNCIL
Agenda Co\.ei. M enio i-a ti d 11 ni
Date Pi-epai-ed: Fe1ii.uai.y 22, 2007
Meeting Date: hlarcli 15, 2007
Oi-dinaiice 5. 2007
Suli,iect/Ageiida Iteni:
Oidinaiice 5, 2007: Code Aineiidmeiit to Section 78-1 59, Amending Chart of Permitted Uses
Second Reading and Public Hearing: A request by Brian Chewis of Cotleur antl Heariilc. Inc. on
hchalf of Turtle Beach, Ltd. for appro~al of a text amendment to Section 78-1 59, Code of
0 id i 11 ;I 11 c cs , en t i t I cd "Chart of Uses. " 'Thc app I i c an t rcq Lies t s to i nc I iide Ban Id F i n aiic i a 1 I n st i t 11 ti o ti
with t\\ o di.i\~c-through lanes as a ~iia~jor coiiditional iisc within the Professional Office (PO) Toning
district aiid to include spccial pro\fisions for such a use.
IS1 Recornmenciation to APPROVE
I I liecoriirrieiidation to DENY
)rigiiiatiiig Dcpt.:
jro\4Th Management:
'i.o.i cc t
<tcpheii Maycr
SI.. I'lallllc'I.
vlanagcr .by
] Quasi-Judicial
X ] l.egislative
S ] Public Hearing
4cl \.er t ised :
Date: 2/28/07
Paper: PB Post
1x1 Reqtiired
At't'ected parties:
[ ] Notified
[ XI Not Requited
7 IN AN ('E :
tpf;G3
-
By: I<. Labossiere
Fees Paid [ Yes ]
pet memo 2i22107
Furitling Source:
[ ] Operatiiig
1x1 Othel-___NiA
u ut1 g e t Acc t .# :
NA
At t;lch nlents:
0 Oidinaiice 5. 2007
0 Project Nanative
Date prepared: February 22,2007
Meeting Date: March 15, 2007
Ordinance 5,2007
EXECUTIVE SUMMARY
The subject petition is a request to amend City Code Section 78-1 59, to allow fordrive-through lanes
as an accessory to a bank in the Professional and Office (PO) zoning district. On .Ianuary 9, 2007,
the Planning, Zoning, and Appeals Board voted 7-0 to recommend approval of the subject petition to
the City Council. Staff recoininends approval of Ordinance 5, 2007.
BACKGROUND
The applicant is requesting an amendment to the Land Development Regulations (LDRs),
specifically to tlie chart of permitted uses in Section 78-1 59, in order to allow banks or financial
institutions with drive-through lanes as a major conditional use in tlie Professional and Office (PO)
zoning district. Currently, tlie LDRs do not allow drive-through lanes in the PO zoning district. The
applicant proposes to include two provisions in order to maintain tlie visual impact from adjacent
rights-of-way and maintain the character of the professional and office setting: the drive-through
lanes will be limited to two (2) and will be located in the rear of the property. Staffnotes that drive-
through lanes located in the rear of a corner property would bc visible fiom one of the rights-of-way.
Thcrefore, staff proposes to prohibit drive-through lanes on corner properties within the PO zoning
district in order to minimize the visual impact from adjacent rights-of-way and maintain the
profcssional office character.
CITY CODE AMENDMENT
Staff recommends approval of a text amendment in which Section 78-1 59 is amended to state the
following: (Deletions are stwek, new language is underlined):
Table 21 : Permitted, Conditional and Prohibited Use Chart
PO CN CGl CG2
Automat i c/S e I f-
Serve Car
Wash
Bank / F i n aiic i a1
I iisti t ut ion
w/Drive
Through
Ban k/Fi n anc i al
Institution w/o
D r i ve Through
B a tic1 u e t
Facility
2
Date prepared: February 22,2007
Meeting Date: March 15, 2007
Ordinance 5.2007
Modification of Note 29:
(29) Bank or financial institution. Bmk G: ??
Bank or financial institutions with drive-through lanes located on a property within a PO zoning
....
di strict shall:
0
0
0
Be limited to a tnaxiniuiii of two (2) drive-through lanes, exc1udin.q the required by-
pass lane.
Have the drive-through lanes located in the rear of any property fronting a single
public right-of-way. Drive-through lanes are prohibited on corner properties within
the PO zoning district.
Set back the drive-throiigli lanes 50 feet from any residential property line.
Bank or financial institutions with drive-through lanes located on property within the CN, CGI and
CG2 zonitiu, districts with more than four drive-through lanes shall be considered a tiiaior conditional
use.
STAFF ANA1,YSIS
The City’s Land Development Regulations define the intent of the Professional and Office zoning
d i strict be 1 ow :
Sec. 78-1 45. PO--Professional and office district.
Conipositiori uric1 iriterit. The PO professional and office district is intended to
provide suitable space for professional offices. It is intended that these districts are
used as a transition between more intensive cotninercial uses and residential
development. These districts are designed to protect the abutting and surrounding
residential areas by requiring certain iiiinimutii yard and area standards as described
in this section be met.
Due to the intended use of the PO district as a transitional zone, staff is sensitive to the nature of the
zoning district and if banks or financial institutions with drive-through lanes are permitted as a major
conditional use in PO, staff strongly encourages the recommended provisions that will protect the
aesthetics from the street, as well as minimize visual impacts from adjacent residential zoning
districts.
Staff has analyzed several local municipal codes in an effort to determine if drive-through lanes are
allowed in professional office zoning districts. Staff notes in Table 1 (pletrse see wxt page) that
Palm Beach Gardens is the only municipality in the area that prohibits drive-through lanes in the
professioiial office zoning district. Furthermore, several municipalities cotisider banks and financial
institutions with drive-through lanes as a permitted use in their comparable professional office
zoning districts. The Village of North Palm Beach considers banks and financial institutions as a
conditional use in professional office zoning districts. This research indicates that allowing banks
and financial institutions with drive-through lanes in the professional office zoning district is
3
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 5,2007
consi st e tit w i t1i coni parab 1 e municipal it i es.
Furthermore, please note that the City of West Palm Beach uses a provision that requires banks or
financial institutions with drive-through lanes to be at least 50 feet from a residential zoning district.
Staff notes that the City already requires a setback of 75 feet from residential zoning districts in the
PO zoning district for non-residential structures, but staff proposes to add protection to residential
districts for the actual drive-through lanes. Drive-through lanes n’itlioiit a covered structure are not
currently a part of tlie 75-foot setback for structures; therefore, staff is proposing language to provide
a 50-foot setback for tlie actual drive-through lanes.
’I’ablc 1 : Con arative Study of Municipal Code 1 MunicipaIity In PO zoning Other requirements Maxi mum lanes
permitted
I’ermitted? Permitted as.. Use distinction of
drive-through lanes?
1’1% Yes Conditional use None None Palm Beach
G a rde 11s
Boca Raton
Supitcr
West Palm
13cacli
Permitted Use
Permitted LJse
No limit
No limit
2 (-3 including
ATM)
Yes
Yes
No
No
None
None
All drive-through lanes
must be SO feet from
residential district
None
Permitted Use No Yes
Yes Conditional Use lip to 3 No
Yes Permitted Use No No Limit Drive-through lanes are
not permitted in
I)o\\~ntown Overlay
Must have adequate
b ti ftkr ing tiom
residential areas, have
adequate ingress, egress
and access and must
have proper vehicular
stacking, circulation
and tiirning movements
Yes Permitted Use
(Conditional
Use with more
than 3 lanes)
No No limit, but
allowed as a
conditional iise
\iorthlake
O\ erlay
(NBOZ)
L
If adopted, tlie proposed text amendment provides opportunities for financial institutions with drive-
through lanes to locate in Professional Office zoning districts if approved by the City Council as a
Major Conditional Use. Staff notes that tlie proposed stricter provisions on the location of drive-
through lanes for the PO zoning district will not create additional non-conforming structures, as
banks with drive-tlirough lanes are currently not permitted in the PO zoning district.
Con si s t e n cy with Comprehensive PI an
Future [,and Use Element
Objective 1.1.5: Future growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal
4
Date prepared: February 22,2007
Meeting Date: March 15,2007
Ordinance 5.2007
natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan;
and the desired community character.
Stc!ffjincls that the inclwion of banks or,finuncial iristitiitions with tli*ive-through 1iiiie.s withiri the PO
zoning district is in keeping with souiiclpl~rnnitig principles (is illitstmtetl in the conipcimtive stzidv, cind
die to tlie pt-ovisions trclderl, will enswe the desired con11~11inity character.
Objective 1.1.7.2: Regulations for buffering incompatible land uses shall be set forth in the City's
land development regulations.
SfL!ffjiii(Is tht PO land uses Lire itleall~~ located to hfer iiiore iriferise coniniercicil ILiiitl use fyoiii
izsitlentiiil districts; therefore, stuj"anticipcites residentid land uses to he coni~i~onl~ lociitecl ircljaeent
to PO I~iiid iises. Stiff notes thut the required sethiick of tlie drive-througli l(ines is 75 feet, froin
r-csirleriticil zoning districts in the PO zoning district, therefore, no ciclditioriril sethrick is rieecled in order
to iiiiniiiiix tlie inipcrcts on ndjacent residential properties. HoMwer, stuf is (idding tliat the drive-
tliroiigli lunes, regcii*rlless of it being under LI coiwecl structitre, mist niiriritiiin CI 50 foot setback from
resider i titi I proper-t\l lin es.
PZAB RECOMMENDATION
On January 9,2007, the PZAB voted 7-0 to recommend approval of the subject petition to the City
Coiincil.
CITY COUNCIL
On February 15, 2007, the City Coimcil voted 5-0 to pass Ordinance 5, 2007 onto second reading.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 5,2007.
5
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ORDINANCE 5,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATED TO PERMITTED USES IN
THE PROFESSIONAL OFFICE (PO) ZONING DISTRICT;
AMENDING SECTION 78-1 59, CODE OF ORDINANCES, ENTITLED
“PERMITTED USES, MINOR, AND MAJOR CONDITIONAL USES,
AND PROHIBITED USES”; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 78-159 provides a chart of permitted uses, minor and major
conditional uses, and prohibited uses; and
WHEREAS, Section 78-1 59 currently prohibits bank or financial institutions with
drive-through lanes in the Professional Office (PO) zoning district; and
WHEREAS, the City has received a request (LDRA-06-12-10) from Brian
Cheguis of Cotleur & Hearing, Inc., on behalf of Turtle Beach, LTD, for approval of a
land development regulations amendment to allow for drive-through lanes as an
accessory to a bank in the Professional Office (PO) zoning district; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHERE AS , this Land Development Reg u I a tions a mend men t petition (LDRA-06-
12-10) was reviewed by the Planning, Zoning, and Appeals Board as the duly
constituted Land Development Regulations Commission at a public hearing on January
9, 2007, which recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest 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 59, Code of Ordinances entitled “Permitted uses,
minor and major conditional uses, and prohibited uses” is hereby amended to read as
follows (deleted language is ; new language is underlined):
Date Prepared: January 25, 2007
Date Prepared: January 25,2007
Ordinance 5, 2007
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Table 21: Permitted, Conditional and Prohibited Use Chart
* * *
PO CN CGI CG2
Automatic/Self-
Serve Car
Ban k/Fi na ncia I
Institution
w/Drive
Through
c*cc c -
BanWFinancial I I I I
I n s t i t u t ion w/o
DriveThrough I 1 I 1
Banquet C* c* c*
Fa ci I i ty
* * *
.... (29) Bank or financial institution. I
Bank or financial institutions with drive-throuqh lanes located on a DroDertv within a PO
zoning district shall:
o Be limited to a maximum of two (2) drive-through lanes, excluding the
required bv-pass lane.
o Have the drive-throuqh lanes located in the rear of anv DroDertv fronting a
sinqle public riqht-of-wav. Drive-through lanes are Drohibited on corner
properties within the PO zoning district.
o Set back the drive-through lanes 50 feet from anv residential Dropertv line.
Bank or financial institutions with drive-throuqh lanes located on Dropertv within the CN,
CGI. and CG2 zoning districts with more than four (4) drive-through lanes shall be
considered a maior conditional use.
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
2
Date Prepared: January 25, 2007
Ordinance 5. 2007
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PASSED this /C=day of F, RU@Y , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Ja bli n, Council member
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
FOR AGAINST ABSENT
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\perrnitted uses - ord 5 2007.doc
3
Banking/ Financial Institution with
Drive Through as a Conditional Use on
PO Land Use
Statement of Justification for Zoning Text Amendment
Introduction
Turtle Beach, Ltd. (‘The ‘Applicant’) is requesting a Zoning Text Amendment to the City’s
Land Development Regulations (Zoning Code), specifically to LDR Section 78-1 59 Table
21 to include BanWFinancial Institution with Drive Through as a major Conditional Use
within the Professional and Office (PO) Zoning District. The request shall allow for the
appropriate placement of the above referenced use within a consistent zoning district.
The petition is consistent with the City’s Vision Plan and the following applicable
elements of the City’s Comprehensive Plan; Transportation, Land Use, Infrastructure.
This petition is also consistent with many similar bank projects previously approved
within the City of Palm Beach Gardens as further described herein.
Developrnen t Ap p rova I Req uested
This petition contains one (I) specific request:
1. Zoning Text Amendment to City Land Development Regulations (Zoning Code)
Development Review Fees
Submittal Fees to be paid by credit applied to previously submitted projects
recently withdrawn without prejudice.
Project Contacts
All correspondence in connection with this request should be directed to:
Cotleur & Hearing Inc.
Attn: Brian Cheguis, Senior Land Planner
1934 Commerce Lane, Suite 1
Jupiter, Florida 33458
Phone: (561) 747-6336 Ext. 127
Fax: (561) 747-1 377
Email bchenuis@cotleur-hearinq.com CTy OF PALM BCH GDNS
Zoning Text Amendment
Bank w Drive Through in PO
Justification Statement
12A Y2QO6
General Project Description
Bank with Drive Through as Conditional Use within the Professional and
Office Zoning District
The Petitioner is requesting that Table 21 of Section 78-159 be amended to include as a
major Conditional Use the 'BanWFinancial Institution with Drive Through" use with
specific siting and intensity criteria. The City of Palm Beach Gardens possess numerous
examples of Banks with Drive Through that have been effectively sited on lands with an
underlying Professional and Off ice land use designation within the Professional Office
zoning district throughout the City and specifically along PGA Boulevard. This request
will modify the PO zoning district list of conditional uses within Table 21 of the zoning
code with specific end notes to address siting and intensity requirements.
The specific request is to modify the LDR Use Table 21 of Section 78-159 to include
BanWFinancial Institution uses on properties that possess an underlying Professional
and Office Land Use designation. Currently there are numerous examples of banks with
drive throughs that have been approved along PGA Boulevard and on property with an
underlying PO land use. Some examples include Southtrust Bank, Wachovia Bank,
Grand Bank, Seacoast Banking Center, and Bank One to name a few. As a major
conditional use, the specific siting and intensity requirements to be outlined in the Notes
section of Table 21, Note 29 within Section 78-1 59 include the following:
BanWFinancial Institutions w Drive Through located on property with an
underlying PO land use shall limit the number of drive through tellers to a
maximum of two (2).
BanWFinancial Institutions w Drive Through located on property with an
underlying PO land use shall limit the location of the drive through teller lanes to
the rear of the building (away from view from surrounding public rights-of-ways)
These additional requirements shall ensure that branch banks will have the financial
institutions and opportunity to introduce this vital service to their customers while
providing necessary mitigation for both on-site and off-site visual and noise impacts on
property possessing an underlying PO land use designation.
Conclusion
The Applicant's request for a Zoning Text Amendment to allow for Banks with Drive
Through uses on property with an underlying Professional and Office District land use is
both timely and logical. Numerous examples exist throughout the city along PGA and/or
within the Regional Center DRI.
Cotleur Hearing
1934 Commacce Lane. Wle 1
.k@ef, Florldo 33458
561 141 6336 Fa 141 1377 2F:\Project Documents\DIVOSTA\PGA Office Parcel Phase IlVonir
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19,2007
SUBJECT/AGENDA ITEM
Ordinance 2,2007 & Resolution 19,2007: Sunoco Service Station Planned Unit Development.
First Reading: A request by Kevin McGinley of Land Research Management, Inc., agent for S&S
Rentals, L.L.C., for a rezoning of an 0.80-acre parcel of land from General Commercial (CG-I) to a
Planned Unit Development (PUD) Overlay with underlying General Commercial (CG- 1) zoning and a
Conditional Use approval to allow for the redevelopment of an existing gas station/convenience store
generally located at the southeast corner of PGA Boulevard and Prosperity Farms Road.
[XI Recommendation to APPROVE with 8 requested waivers.
[ ] Recommendation to DENY.
Reviewed by:
Planning and Zoning
Division Director:
Tala1 Benothman, AICP
a
Finance N/A
Development
AICP
Growth Management
Administrator: ra
KaraTrwinrV.
Approved By:
Originating Dept.:
Growth Management:
Princi a1 Planner: +P-
Todd Miller, AICP
[ 3 Quasi - Judicial
[ 3 Legislative
[XI Public Hearing
Advertised:
[XI Required
[ 3 Not Required
/
@d Parties:
[XI Notified
[ 3 Not Required
FINANCE: N/A
Finance
Administrator:
NIA -
Allan Owens
Feespaid: [ 3
Date:
Budget Acct.#:
NIA
CC Action:
[ 3 Approved
[ 3 App. wl conditions
[ 3 Denied
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
1. Conditional Use
Analysis
2. Project Narrative
3. Waiver Request
4. Concurrency Approval
5. Resolution 43, 1992
(Prosperity Centre)
6. Ordinance 6, 2001
7. Proposed Site Plan and
(2001 Approval)
Architectural
Elevations
8. Proposed Landscape
Plan
9. Color Site Plan
10. Color Elevations
Lighting Details
Ordinance 2,2007
Resolution 19, 2007
Date Prepared: Febiuaiy 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19,2007
EXECUTIVE SUMMARY
The existing site is an 0.80-acre parcel (to be referred to as the “Sunoco Service Station”) at the
southeast corner of Prosperity Farms Road and PGA Boulevard. The applicant is requesting a
rezoning of the 0.80-acre parcel of land from General Commercial (CG-I) to a Planned Unit
Development (PUD) Overlay with underlying General Commercial (CG-1) zoning and a Major
Conditional Use to allow for the redevelopment of the existing 2,177 square-foot service
statiodconvenience store. This subject petition includes a total renovation of the existing structure
and associated gasoline pump stations, resulting in a new 2,337 square-foot building and the
elimination of six pump stations (1 8 existing pump station, 12 proposed pump stations). The Planning,
Zoning and Appeals Board reviewed the subject petition on January 9, 2007, and unanimously
recommended approval to the City Council. Staff recommends approval of Ordinance 2, 2007 and
Resolution 19,2007.
BACKGROUND
The service station was built in 1968. Thirteen years later, in 1981, the subject parcel received
approval for conversion of the service bays into a convenience store. On April 5, 2001, the City
Council approved Ordinance 6, 2001 rezoning the subject property from CG-1 to a PUD Overlay with
underlying CG-1 zoning and eleven waivers from the City’s Land Development Regulations (LDRs) to
allow for the redevelopment of the site. The project was granted approval based upon a buildout date
of December 3 1, 2004. Although Section 78-61 of the City’s LDRs permits the Growth Management
Administrator to grant administrative extensions to Development Order approvals of up to three years,
the applicant did not apply for an extension. Therefore, the rezoning, associated approvals and waivers
were expired on December 3 1,2004.
At this time, the City has received a new application for rezoning the site from CG-1 to a PUD Overlay
with underlying CG-1 zoning and a Conditional Use approval. (Ordinance 25, 2006 permits existing
convenience stores with gasoline sales within the PGA Boulevard Corridor Overlay so long as a Major
Conditional Use approval is granted upon redevelopment.) The proposed site plan includes a majority
of the same elements contained in the 2001 approval. However, the applicant is now dedicating a 17+
foot wide by 89+ foot long strip of land as additional right-of-way for PGA Boulevard. (Please see
attached Resolution 19, 2007 for conditions of approval.). In addition, City staff has worked with the
applicant to eliminate three (3) of the previously approved waivers. In Table 1 below, staff has
provided a comparison of the previously requested approved eleven waivers with the eight currently
requested waivers, and indicate the reason why the waivers were eliminated.
[The remainder of this page has been intentionally left blank.]
2
Date Prepared: February 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19,2007
Waiver Comparisons
Previous waivers of the 2001 Request waivers for the Request
Section 78-1 53 - Front
2001 Waiver Proposed 2007 Waiver
Waiver # Approval Subject Petition
50 feet to 21 feet
15 feet to 6.5 feet
Section 78-1 53 -
Section 78-1 53 -
Min. Side
Section 78-1 54 -
50 feet to 25.76
15 feet to 6.5 feet
1 Setback Front Setback feet
Section 78-1 53 - Min. Side
Section 78-1 54 - Min. PUD
2 Setback Setback
3 Size Min. PUD Size
0.80 acre PUD
10 footcandles to Meeting the No longer
0.80 acre PUD
Section 78-1 82 - Max. 100 footcandles LDRs reauestina.
4
5
6
7
10
11
Illumination Levels
Section 78-221 - PGA Blvd.
Special Setback
Section 78-285 -Wall Signs
Section 78-285 - Ground
Signs feet
Section 78-31 9 - Min.
Landscape Buffer
Section 78-320 - Min.
Foundation Plantings
Section 78-344 - Min.
Stacking Distance
12 foot path to a 5
foot path
1 sign to 4 signs
15 feet to 11.35
8 feet to 6.5 feet
8 feet to 0 feet
100 feet to 32 feet
Section 78-364 - Loading
spaces 0 Loading spaces
1 Loading space to
requirements
Not applicable.
Section 78-285 -
Wall Signs
Section 78-285 -
Ground Signs
Section 78-31 9 -
Min. Landscape
Buffer
Section 78-320 -
Min. Foundation
Plantings
Meeting the
LDRs
requirements
Section 78-364 -
Loading spaces
No longer
requesting.
1 sign to 4 signs
15 feet to 6 feet
8 feet to 6.5 feet
8 feet to 0 feet
No longer
requesting.
1 Loading space to
0 Loading spaces
As described in the table above, three of the previously requested waivers have been eliminated. The
following is a list of those waivers, and the reason why they have been eliminated.
Waiver #4 - Section 78-1 82 - Applicant has agreed to meet the new minimum illumination levels
Waiver #5 - Section 78-221 - Code section is not applicable to the subject property
Waiver #10 - Section 78-344 - City Engineer has administratively approved the reduced stacking as
allowed by the LDRs.
LAND USE AND ZONING
The subject site currently has a land use designation of Coinmercial (C), and a zoning designation of
CG-1. The CG-1 zoning designation is defined by the City’s LDRs as a district that “provides both the
retail goods and services supplied by the neighborhood business districts and the wider range of retail
goods and services required by residents or a group of neighborhoods.“ Please note the subject
3
Date Prepared: February 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19,2007
property is designated as Commercial on the City of Palm Beach Gardens Vision Plan. As described
in Table 2 below, the proposed application is compatible with the adjacent land use designations,
zoning districts, and adjacent uses surrounding the site.
Please note that prior to the adoption of Ordinance 25, 2006, convenience stores with gasoline sales
were not permitted within the PGA Boulevard Corridor Overlay. However, Ordinance 25, 2006 now
permits convenience stores with gasoline sales so long as a Major Conditional Use approval is
granted upon redevelopment. Major Conditional Use approvals are required of certain uses in order to
ensure those uses do not adversely impact the surrounding uses and neighborhoods. Therefore, the
applicant has included a Major Conditional Use request within the subject petition.
I
EXISTING ZONING AND LAND USE DESIGNATIONS
Existing Use Zoning Land Use
Subiect property General Commercial Commercial
Sunoco Service
Station
North General Commercial Commercial
Harbor Financial
Center
South General Commercial Commercial
Prosperity Centre Planned Unit
Shopping Plaza Development Overlay
West General Commercial Commercial
PGA Plaza East General Commercial Commercial
Prosperity Centre Planned Unit
Shopping Plaza Development Overlay
Zoning
Zoning
This site is subject to the requirements of the PGA Boulevard Corridor Overlay. The intent of the
Overlay is to establish and maintain high standards of design and aesthetics for this corridor as it
serves as the signature gateway into the City.
CONCURRENCY
The proposed project received traffic concurrency certification on March 6, 2006, with a buildout date
of December 31,2008. The certification is based upon 2,500 square feet of convenience store use and
12 pump stations. Please note, though, that the existing building is only 2,177 square feet, and the
proposed building is 2,337 square feet.
Dva in age
The proposed PUD is under the jurisdiction of the South Florida Water Management District
4
Date Prepared: February 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19,2007
(SFWMD) and the Northern Palm Beach County Improvement District (NPBCID) and the City of
Palm Beach Gardens for drainage purposes. The proposed storm water management system will be
comprised of an on-site dry detention and/or exfiltration trench for water quality treatment.
Specifically, grass swales, inlets, and storm sewer structures will collect and direct stormwater from
the site. Legal positive outfall is available through the existing stormwater drainage system within
PGA Boulevard (along the property’s northern boundary).
Water, Sewer and Waste Management
The applicant has reserved water, sewer capacity, and waste management service for the site.
PROJECT DETAILS
Site Access
As it exists today, the site has two nonconforming ingresdegress points, in that they exceed the
maximum width allowed by the LDRs, and does not provide for the required stacking distances. The
proposed plan consists of two entrances; one off of PGA Boulevard and another off of Prosperity
Farms Road. The proposed plan now meets the drive aisle width requirements of the LDRs, thus
eliminating the potential for conflicting vehicular movements. Although the stacking distances
provided on the proposed plan do not meet the 100’ prescribed by the LDRs, the applicant has obtained
approval of the reduced stacking distances from the City Engineer, which is permissible under Section
78-344 of the LDRs.
Pursuant to Section 78-221(k)(2) of the City’s LDRs, all parcels within the PGA Boulevard Corridor
Overlay are encouraged to provide shared access. In accordance therewith, the applicant is proposing
two shared access points with the adjacent shopping center (Prosperity Centre). The shared access
points are proposed at the northeast and southwest corners of the site. The additional access will help
alleviate the amount of trips on Prosperity Farms Road and PGA Boulevard.
Site Plan and Design Features
The proposed site plan includes the complete removal of the existing building and canopy, and the
construction of a new, modern building and canopy, which will be set back from PGA Boulevard.
Both proposed structures are architecturally compatible. The applicant is also proposing to reconfigure
and reduce the number of pumping stations from eighteen (1 8) to twelve (1 2), thereby providing for
better circulation throughout the site. Currently, the existing site has minimal landscaping, and does
not provide the required buffers. In comparison, the proposed plan provides the required landscape
buffers along each property line (except the southern property line), and provides landscaping along
the adjacent rights-of-way. Furthermore, staff has required the provision of cross access with the
adjacent commercial property to the south and east, which will facilitate better circulation within both
the subject site and the adjacent commercial property. This connection will help to reduce the amount
of trips on PGA Boulevard and ProsDerity Farms Road. Lastly, staff has recommended a condition of
approval requiring all utilities be located underground, pursuant to Section 78-221 (i) of the LDRs.
5
Date Prepared: February 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19,2007
Architecture
The proposed building and canopy incorporate similar architectural elements. The applicant has
provided for a matching barrel-tile roof, and stucco bases which will be painted to match the building.
Specifically, the building and canopy are to be painted as follows: 1) white around the banding and
cornice line; 2) light beige columns and stucco faqade; and 3) dark beige on the column bases and the
base of the building. Pursuant to Section 78-221(h)(3) of the City’s LDRs, staff has provided a
condition of approval that corporate colors will not be permitted on the building or canopy. Overall,
the building will blend with the architectural style of the surrounding shopping plaza and neighboring
structures within this quadrant of PGA Boulevard.
Landscaping and Buffering
The site currently has minimal landscape buffers, which do not meet code. The petitioner is now
proposing to bring the site into greater compliance with City’s landscaping requirements by providing
the required landscape buffers along both street frontages and the eastern property line. However, the
applicant is requesting a 1.5-fOOt waiver to the landscape buffer along the southern property line.
The LDRs require one parking space per 200 square feet of convenience store with gas sales. The
petitioner is proposing a 2,337 square-foot building, which equates to twelve (12) parking spaces. The
petitioner is providing 12 spaces, one of which is handicap accessible. The petitioner has also
provided one bicycle parking space.
Phasinz
The petitioner has indicated that the development will be constructed in one pase.
Siznaze
The petitioner is proposing four wall signs and one monument sign on site. The applicant is proposing
to locate the monument sign along PGA Boulevard, and to provide wall signs on the east, west, and
north elevations of the canopy, as well as an “S” logo on the north elevation of the building. Based
upon concern for the visual impacts of the wall signage on the PGA Boulevard and Prosperity Farms
Road streetscapes, staff has recommended a condition of approval restricting the wall signage to
“channel letters” only. Due to the fact that the attached plans do not include the color and size details
of the proposed signage, staff has recommended a condition of approval that all signage obtain
approval under a separate application.
Site LizhtinE
The applicant is providing recessed lighting within the canopy, and three (3) 14-foot high light fixtures
within the vehicle use areas. The lighting and photornetrics have been reviewed and found to be in
compliance with Section 78-1 82 of the LDRs by the City Engineer.
CPTED Compliance
6
Date Prepared: Februaiy 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19.2007
The petitioner shall comply with the Crime Prevention Through Environmental Design (CPTED)
principles recommended by the Police Department (Please see conditions of approval).
Waivers
The -_ applicant is requesting eight (8) waivers. (Please see attached waiver justzjcation by applicant):
TABLE 3
a
Provided Waiver I
Setback = 50 feet 25.76 feet 24.24 feet I
Setback = 15 feet 6.5 feet 8.5 feet I
PUD Size = 1 acre 0.80 acre .20 acre I
a. 1 I, . 1.
Section 78-1 53, Table 12 - Side Setback = 15 feet
Section 78-1 54, Table 14 - Min. PUD Size = 1 acre
Section 78-285, Table 24 -Wall Signs = 1 wall sign
per building
c--A:-- -,n nnr T-LI- nr ~a I- .a:- 4t-i
Staff SI
3iscus
4pproval (1)
4pproval (2)
4pproval (3)
signs Approval (4) I --"..-I I . " b"", I UUlV - I .. UII v'y"" I ..UII "'y"
per building
Section 78-285, Table 24 - Monument = Min. 15'
setback from ROW for monument signs
Section 78-31 9(a) - Min. Landscape Buffer = 8 feet
Section 78-320(4) - Min. Foundation Plantings = 5
feet adjacent to all vehicular use areas
Section 78-364(a) - Loading spaces
* See staff analysis of waiver #4 below.
signs I
5.0 feet 10.0 feet Approval (5)
3.5 feet 1.5 feet Approval (6)
None 5 feet Approval (7)
0 I 1 space I Approval (8)
The applicant is requesting a waiver from LDRs Section 78-153, Table 12, Nonresidential
Zoning Districts, to reduce the required front setback by 24.24 feet. It is staffs professional
opinion that the reduced setback will not negatively impact the surrounding area. Specifically,
Sec. 78-75 1 entitled "Definitions" states the "shortest lot line adjacent to a street right-of-way
shall be the front lot line." Therefore, on the subject property it is the western property line
abutting Prosperity Farms Road that is the shortest property line, and thus, by definition, is the
front lot line. As a result, all structures and buildings must meet the minimum required 50 foot
front setback off of Prosperity Farms Road or obtain a waiver. Staff notes that the existing
building and canopies do not meet the required front setback. The western canopy is within
approximately 21 feet of the western property line. While the applicant's proposal still does not
meet the required 50 foot setback from Prosperity Farms Road, it will increase the canopy
setback from 21 feet to 25.76 feet, and locates the building 65.51 feet from the western
property line, exceeding the minimum required setback. Therefore, based upon the reduction
of the setback encroachment, and the improvement to the PGA Boulevard and Prosperity Farms
Road streetscape, staff recommends approval.
2) The applicant is requesting a waiver from LDRs Section 78-153, Table 12, Nonresidential
Zoning Districts, to reduce the required side setback by 8.5 feet. It is staffs professional
opinion that the reduced setback will not negatively impact the surrounding area. Specifically,
staff has reviewed the existing and proposed setbacks for the building, as indicated below. The
existing building and canopies do not meet the minimum required side setbacks along PGA
Boulevard, but do exceed the requirements for the side setback along the south property line.
The applicant is proposing a new building and canopy which meet the minimum required
7
Date Prepared: Febiuaiy 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19,2007
setback along PGA Boulevard, but does not meet the side setback along the southern property
line due to the location of the proposed building. While the applicant has not met all the
required setbacks, the applicant has met the required setback along PGA Boulevard. Based
upon the applicant’s efforts to bring the site into greater conformance with LDRs, and the
relocation of the building further away from PGA Boulevard, staff recommends approval.
3) The applicant is requesting a waiver from LDRs Section 78-154, Table 14, Planned Unit
Development (PU.) Overlay District, to reduce the minimum size requirement for a PUD from
1 acre to 0.80 acre. In accordance with Section 78-154(d), any property lying within the PGA
Boulevard Overlay Corridor must rezone to Planned Unit Development (PUD). The
requirements set forth in the PUD section of the LDRs, reflected in Section 78-154(g)(7), state
that a PUD must have a minimum size of 1 acre. Since this is an existing site and no further
lands can be obtained to increase the size, the applicant is required to seek a waiver from this
provision.
4) The applicant is requesting a waiver from LDRs Section 78-285, Table 24, Permitted signs, to
permit the installation of a total of four wall signs. While the building and canopy are located
at the intersection of two major arterial roadways, staff considers four signs as excessive and
unnecessary for the small convenience store and gas station. In particular, the sign on the
building will have limited visibility, and will do little to assist with the identification of the site
for vehicles moving at a high rate of speed along PGA Boulevard. Therefore, based on the
location of the site, the need for adequate building identification, staff recommends approval of
the waiver, but for a total of only three signs, all of which are to be located on the canopy.
5) The applicant is requesting a waiver from LDRs Section 78-285, Table 24, Permitted signs, to
permit the installation of a ground sign within the required 15’ setback from a right-of-way. As
part of the proposed PGA Boulevard widening project, the applicant is dedicating an
approximately 172 foot wide by 892 foot long strip of land as additional right-of-way for PGA
Boulevard. Upon dedication of the right-of-way, the applicant will not be able to meet the
required 15’ right-of-way setback for the ground sign. Instead, there will only be a 5’ setback
off of the ultimate right-of-way line for PGA Boulevard. Given that the applicant is providing
the additional right-of-way, and that the dedication will create the lack of adequate space to
meet the required setback, staff recommends approval.
6) The applicant is requesting a waiver from City LDRs Section 78-319(a), Minimum landscape
buffer and planting requirements, to reduce the required landscape buffer along the southern
property line by 1.5 feet. It is staffs professional opinion that the reduced buffer will not
negatively impact the adjacent commercial development to the south. The proposed site plan
provides landscape buffers which meet the LDRs required minimum widths along all property
lines, except the southern property line. In consideration of the applicant’s efforts to create
conforming buffers along all other property lines, the dedication of additional right-of-way and
the commercial nature of the adjacent use to the south, staff recommends approval.
7) The applicant is requesting a waiver from LDRs Section 78-320(4), Foundation landscaping
and plantings, to waive the required foundation landscaping. The existing site does not include
any foundation plantings adjacent to the building. The size of the site presents difficulties in
meeting all the minimum requirements of the LDRS. Specifically, the applicant is providing
8
Date Prepared: February 23,2007
Meeting Date: March 15,2007
Ordinance 2,2007
Resolution 19,2007
8
dedication of additional right-of-way, the LDRS required drive aisle widths, landscape buffers,
and the minimum required parking stall dimensions. As a result, the applicant is not left with
enough room on the site to accommodate the required foundation plantings adjacent to the
building. Staff recommends approval.
The applicant is requesting a waiver from City LDRS Section 78-364(a), Number of Loading
Spaces Required, to waive the one required loading space in favor of a cross access to the east
and south. Currently there is no designated loading space on site. Previously, the applicant had
included a designated loading space on site. However, during the review of the previous
application in 2001 , the Planning, Zoning, and Appeals Board recommended the loading space
be eliminated, and a cross access point be substituted in its place. Based upon this
recommendation, the applicant is once again requesting a waiver to the requirement to provide
a loading space. Staff notes that the provision of a cross access point between the shopping
center and the service station will help to reduce the number of trips on both Prosperity Farms
Road and PGA Boulevard. This will assist in the vehicular circulation between the shopping
center and the service station. In consideration of the provision of an alternative means of
ingress/egress and alleviation of traffic congestion on PGA Boulevard and Prosperity Farms
Road, staff recommends approval.
Art in Public Places
The petitioner has been informed of the Art in Public Places requirement. At the time the building
permit for this development is applied for, the applicant must produce documentation of the total costs
of construction of the project. Should the cost of development exceed $1,000,000, the petitioner must
provide for art in public places.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
It is staffs professional opinion that the proposed development is consistent with the overall intent of
the goals, objectives and policies of the City’s Comprehensive Plan. An example of some of the goals,
objectives and policies, which are consistent with and furthered by the proposed PUD, are listed below.
Future Land Use Element
Goal 1.1.: Continue to ensure a high quality living environment through a mixture of land uses
that will maximize Palm Beach Gardens’ Natural and Manmade Resources while minimizing
any threat to the health, safety, and welfare of the City’s citizens that is caused by incompatible
land uses and environmental degradation.
Objective 1 .I .7.: The City shall maintain land development regulations containing standards and
provisions which encourage the elimination or reduction of uses inconsistent with the City’s
character and future land uses.
Policy 1.1.6.1.: Development orders and permits for future development and redevelopment
activities shall be issued only in areas possessing the appropriate Future Land Use designation
and that are consistent with the goals, objectives, and policies of this Comprehensive Plan.
9
Date Prepared: Febiuaiy 23.2007
Meeting Date: March IS, 2007
Ordinance 2,2007
Resolution 19,2007
The proposed development is consistent with the subject site’s future land use designation, which is
Commercial, and the proposed use is a permitted use in the City’s Land Development Regulations.
Furthermore, the site has operated as a service station and convenience store for 25+ years, and is
compatible with the adjacent commercial development.
Objective 1.1.4.: Development orders and permits for development and redevelopment activities
shall be issued only in areas where public facilities necessary to meet the level of service
standards (which are adopted as part of the Capital Improvements Element of this
Comprehensive Plan) are available concurrent with the impacts of development.
Policy 1.1.4.1.: The City shall maintain development regulations to provide that public facilities
and services be available concurrent with the impacts of development to meet the level of service
standards established in the Capital Improvements Element of the City’s Comprehensive Plan,
Concurrency Management System requirements shall include the following.
1) Demonstration that the impacts from a proposed development comply with the
adopted level of service standards of the City.
2) Determination of concurrency prior to the processing of the application for a
development permit.
3) Certification of concurrency shall be secured prior to an application receiving a
development order; this may be in the form of certificate of exemption, certificate of
concurrency, reservation, or certificate of conditional concurrency reservation.
Certification of concurrency shall be valid for the time set forth in the development
order, and any amendments thereto, otherwise the certificate is valid for two years. If
a time extension is not granted, the concurrency certificate shall automatically expire,
and no further development activity can occur without obtaining an appropriate
concurrency certificate.
4)
The proposed development has obtained all necessary concurrency reservations, including the Palm
Beach County Traffic Concurrency certificate, as mentioned above.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE
This petition has received DRC certification. DRC certification indicates that all major
outstanding issues have been resolved.
PLANNING, ZONING AND APPEALS BOARD (PZAB) RECOMMENDATION
On January 9, 2007 the PZAB held a public hearing wherein the Board unanimously recommended
approval of the subject petition with the eight (8) requested waivers and conditions of approval to the
City Council.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 2,2007, Resolution 19,2007 and the eight (8) requested
waivers, subject to the conditions of approval therein.
10
ATTACHMENT 1
Submitted by Applicant CONDITIONAL USE AN
City of Palm Beach Gardens LDR Section 78-52
(I) Comprehensive plan. The proposed use is consistent with the
comprehensive plan.
The proposed rezoning and conditional use requests are consistent with the City’s
Comprehensive Plan insofar as the subject property has a commercial future land use
designation and is consistent with the use limitations and requirements prescribed by
the PGA Corridor Overlay.
(2) Chapter requirements. The proposed use is consistent with all
applicable requirements of this chapter.
Ordinance 25, 2006 permits convenience stores with gasoline sales within PGA
Corridor Overlay as a major conditional use. The proposed redevelopment plans are
generally consistent with the requirements of the City’s Land Development Regulations
and specific waivers have been requested where appropriate.
(3) Standards. The proposed use is consistent with the standards for
such use as provided in Section 78-159.
The proposed use is consistent with the additional standards provided in the city’s Land
Development Regulations (LDRs) in terms of use, intensity, access, location and
buffering.
(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 front
of the site;
d. Providing for safe and efficient onsite traffic circulation, parking,
and overall control; and
e. Providing adequate access for public safety purposes, including
fire and police protection.
The proposed use provides for the aforesaid standards and, therefore, provides for the
public health, safety, and welfare.
Conditional Use Justification
Page 2
(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 impact as:
a. Noise;
b. Glare;
C. Odor;
d. Ground-, wall-, or roof-mounted mechanical equipment;
e. Perimeter, interior, and security lighting;
f. Signs;
g. Waste disposal and recycling;
h. Outdoor storage of merchandise and vehicles;
1. Visual impact; and
j- Hours of operation.
The Applicant has made every attempt to minimize the negative impacts of the project on
the adjacent properties and major thoroughfares, including the issues listed above. The
requested waivers related to signage and lighting have been justified in terms of impacts to
adjacent properties and is documented in the waiver justification included with this
application.
(6) Utilities. The proposed use minimizes or eliminates the impact of
utility installation, including underground and overhead utilities, on
adjacent properties.
All utility infrastructure is installed to serve the proposed redevelopment.
(7) Dimensional standards. The proposed use meets or exceeds all
dimensional requirements required by the chapter.
The proposed site plan is generally consistent with the requirements of this chapter.
(8) Neighborhood plans. The proposed use is consistent with the goals,
objectives, policies, and standards of neighborhood plans.
2
Conditional Use Justification
Page 3
(9) Compatibility. The overall compatibility of the proposed development
with adjacent and area uses, and character of area developnient.
The proposed redevelopment is consistent with the existing use and intensity of adjacent
and surrounding uses and consistent with the character of the area. In addition, the
proposed redevelopment is consistent with the requirements and standards of the PGA
Corridor Overlay.
(10) Patterns of development. The proposed use will result in logical,
timely, and orderly development patterns.
The proposed redevelopment is consistent with the gasoline sales and automotive use
which dates to 1968 and the convenience store component which dates to 1981.
(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 is in harmony with the intent of the City’s LDRs and the Goals,
Objectives, and Policies of the Comprehensive Plan.
(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 design is consistent with the design previously approved by the city but
never constructed. In addition, the present design is an improvement over the existing
design in terms of overall design and landscape buffering.
(13) Environmental impact. The design of the proposed use minimizes any
adverse impacts that may be created, including impacts on
environmental and natural resources including air, water, storm water
management, wildlife, vegetation, and wetlands.
The proposed redevelopment plan will have no adverse impacts on environmental and
natural resources.
1 .. v
Provided by Staff CONDITIONAL USE ANALYSIS
City of Palm Beach Gardens LDR Section 78-52
(I) Comprehensive plan. The proposed use is consistent with the
comprehensive plan.
StaffAnalysis: As demonstrated in the staff report for this petition, staff has determined
that the proposed service station and convenience store is consistent with the City's
Comprehensive Plan.
(2) Chapter requirements. The proposed use is consistent with all
applicable requirements of this chapter.
St&' Analysis: Section 78-221 of the City's LDR's, entitled "PGA Boulevard Corridor
Overlay", permits convenience stores with gas sales as a major conditional use within
the PGA Boulevard Overlay. The subject property has an underlying zoning of CGi;
therefore, staff has requested the application be processed as a Major Conditional Use,
and a Planned Unit Development to address a nonconformance with several code
requirements.
The proposed development plans are generally consistent with the requirements of the
City's Land Development Regulations, provided the requested waivers are approved.
(3) Standards. The proposed use is consistent with the standards for
such use as provided in Section 78-159.
Stczff Analysis: The proposed use is consistent with the additional standards provided
in Section 78-159u).
(4) Public welfare.
safety, and welfare by:
The proposed use provides for the public health,
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 front
of the site;
d. Providing for safe and efficient onsite traffic circulation, parking,
and overall control; and
e. Providing adequate access for public safety purposes, including
fire and police protection.
Stur Analysis: Staff has determined that the proposed use provides for the aforesaid
standards and, therefore, provides for the public health, safety, and welfare.
(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 impact as:
a. Noise;
b. Glare;
C. Odor;
d. Ground-, wall-, or roof-mounted mechanical equipment;
e. Perimeter, interior, and security lighting;
f. Signs;
g. Waste disposal and recycling;
h. Outdoor storage of merchandise and vehicles;
1. Visual impact; and
j. Hours of operation.
Stczff Analysis: The applicant has worked with staff to address many existing
noiiconformities on site, and has requested waivers to the applicable code requirements to
address any remaining issues. Furthermore, staff has provided conditions of approval to
ensure that any negative impacts on the adjacent properties will be minimized.
(6) Utilities. The proposed use minimizes or eliminates the impact of
utility installation, including underground and overhead utilities, on
acljacent properties.
StaflAnalysis: The applicant has minimized the negative impacts of the project on the
adjacent properties.
(7) Dimensional standards. The proposed use meets or exceeds all
dimensional requirements required by the chapter.
Stuff Ancil!/si.s: The applicant has worked with staff to address many existing
nonconformities on site, and has requested waivers to the applicable code requirements to
address any remaining issues.
2
(8) Neighborhood plans. The proposed use is consistent with the goals,
objectives, policies, and standards of neighborhood plans.
(9) Compatibility. The overall compatibility of the proposed development
with adjacent and area uses, and character of area development.
Stag Analysis: The site has functioned as a service station since 1968, and as a
convenience store with gasoline sales since 1981. Furthermore, the proposed site, in staffs
opinion, is compatible with the commercial nature of the surrounding areas. From a
design standpoint, the proposed building is compatible with the surrounding structures
with regard to architecture and colors.
(IO) Patterns of development.
timely, and orderly development patterns.
The proposed use will result in logical,
StaflAnafgsis: As mentioned above, the site has operated as a service station since 1968,
and as a convenience store with gasoline sales since 1981. Furthermore, the petition is in
keeping with the historical use of the site.
(1 1) 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.
StaffAnafysis: Staff has reviewed the proposed use and found it to be in harmony with
the intent of the City’s LDR’s and the Goals, Objectives, and Policies of the Comprehensive
Plan.
(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.
Stafl Analysis: The proposed architecture and colors of the building are compatible with
the surrounding structures.
(13) Environmental impact. The design of the proposed use minimizes any
adverse impacts that may be created, including impacts on
environmental and natural resources including air, water, storm water
management, wildlife, vegetation, and wetlands.
Staff Analusis: Staff has reviewed the proposed development plan and determined that
there will be no adverse impacts on environmental and natural resources.
ATTACHMENT 2
JUSTIFICATION STATEMENT
REZONING AND SITE PLAN APPROVAL
FOR
PROPOSED REDEVELOPMENT OF EXISTING SPEEDWAY SERVICE STATION
FACILITY AT SOUTHEAST CORNER OF PGA BLVD. & PROSPERITY FARMS
ROAD
The purpose of this application is to accommodate the demolition of an existing Speedway gasolene
statiodconvenience store located on a 0.8 acre property located on the southeast corner of PGA
Boulevard and Prosperity Farms Road, and the construction of a new facility that dramatically
improves the appearance, functional efficiency, safety and conformity with land development
Zoning & Engmeering) and building codes. The existing facility was constructed in approximately
1968 as a gas station and automotive repair facility. In 1968 the City approved the conversion of
the service bays into a convenience store. The building and site improvements are extremely non-
conforming with respect to the standards set by current codes. The existing 2,177 square foot
building is antiquated in its appearance and does not conform to current setback requirements. The
site has essentially open access, has insufficient parking and poor queuing arrangement at the pump
islands, and virtually no landscaping.
The objective of this project is to remove the existing, seriously non-conforming facility, and replace
it with a very attractive new facility of essentially the same size (the new building will be 2,339
square feet, which will result in a floodarea ratio of only 6.69%), that will be a significant aesthetic
enhancement to the surrounding area. Although several waivers from normal site development
standards will b necessary, the proposed site plan for the new facility will result in greater setbacks
along PGA Boulevard, provide properly functional pump islands, introduce sigruficant landscaping
on all sides of the site, will reduce access to two well defined external driveways (one on Prosperity
Farms Road and one on PGA Boulevard), and will create cross access with the shopping center
adjacent to the south. Further, the new building and canopy constructed on the site will be very
attractive and will be consistent with the architectural character that the City encourages for the
PGA Boulevard corridor. The building will be contemporary in design, and will utilize a barrel tile
111 hip roof The canopy will have a pitched facade and will incorporate barrel tiles, as well. All
new construction will fully comply with contemporary building construction standards.
The intended redevelopment of the subject property is entirely consistent with the goals and
objectives of the Comprehensive Plan. The Property is designated as commercial on the Future
Land Use Map and is zoned CG-1, which permits gas stations and convenience store facilities.
However, the property is located in the PGA Boulevard Overly District, which requires that new
commercial development must rezone to PUD. This application requests such rezoning.
The proposed project will be developed as soon as permits can be obtained. No phasing is
contemplated. A 1.7 foot wide area has been provided along the property’s northern boundary for
future right-of-way for PGA Boulevard. The project’s landscape buffer along PGA boulevard
complies with the City standard, exclusive of this area.
0 Speedway justification statement
Southeast comer of PGA Blvd. & Prosperity Farms Road
Page 2.
As noted above, the proposed project is entirely consistent wit,, the Future Lanc ;e Element o the
City’s Comprehensive Plan, which designates he site for commercial development. The project is
also consistent with the Transportation Element in that it will not impact trafFrc issues, since it is
a redevelopment project that essentially replaces an old facility with a new one that is essentially
the same size. The project has no relevance to the Housing, Infrastructure, Coastal Management,
Conservation, Recreation and Open Space or Capital Improvement elements of the Plan.
There are no Comprehensive Planning issues related to ths application. The issues for this project
are simple site planning issues. The proposed redevelopment of the site will not result in any
change to the land use for the property, and the size and intensity of the use of the property will not
noticeably change. However, the property will be diamatically aesthetically improved and will
function much better. Further, the ne improvements will be fully compliant with the current
building Codes, The alternative for the property, should this request not be approved, would be to
continue to operate indefinitely in its current condition.
ATTACHMEN'T 3
J 17 ST I F I C AT I 0 N STAT E M EN T
WAN E R REQkJ ESTS
FOR
PROPOSED REDEVELOPMENT OF EXISTING SERVICE STATlON
AT SOUTHEAST CORNER OF PGA BLVD. & PROSPERITY FARMS ROAD
The owneriapplicant for this project is requesting eight (8) waivers fiom the normal
development standards of the Zoning Code, as pait of the redevelopment of an existing
service station and convenience store. Although several waivers are being requested, the
new facility will be far closer to compliance with the current requirements of the Code
than the existing facility. Each of the waivers was previously approved by the City
Council but the approvals have lapsed The requested waivers are as follows
e A waiver fiom the provisions of 78-1 54 of the Zoning Code that require a
minimum parcel size 1 acre for commercial properties zoned PUD. The
subject site is a long existing free standing property of 0.80 acre. The
property is bounded on two sides by arterial highways and on two sides by the
existing Prosperity Center shopping center. The site is currently fully
developed with the same uses being proposed by this application
Consequently, approval of this waiver uill not facilitate the introduction of a
new commercial use on a parcel that does not meet current size requirements.
Approval will allow the redevelopment of the site in a way that is more
conforming to current standards
e A waiver fi'om the requirements of Section 78- 153 of the Zoning Code for
fi'ont setback (Prosperity Farms Road) to allow a setback of 25 75 feet, rather
than the normally required SO feet This waiver will result in the construction
of a new canopy that is located approximately the same distance from
Prosperity Farms Road as is an existing canopy (which is actually 27 5 feet
fiom the right-of-way) However, approval of this waiver will allow the
removal of two existing canopies and their replacement by a single canopy
that eliminates a non-conforming setback on PGA Boulevard One of the
existing canopies is located only 1 1 5 feet fi-om the PGA Boulevard right-of-
way. The new canopy will be set back 65 feet fi.om PGA Boulevard, which
exceeds the Code requirement Consequently, approval of this waiver request
will bring the site much closer to compliance with current standards with
respect to canopies than is currently in place
Justification St at ement
Page 2
0 A waiver from the requirements of 78- IS3 of the Zoning Code for interior
side setback (south side), to allow construction of the proposed new building
6 5 feet fiom the property line, rather than the 15 feet noimally required The
cui-rent building meets the required interior side setback, but the existing
canopy violates the street facing side setback (PGA Boulevard), with a
setback of only 11 5 feet. Approval of this waiver accommodates the
redevelopment of the site with a conforming setback on PGA Boulevard,
enables the site to have appropriate vehicular circulation and accommodates
the required number of parking spaces (which the existing facility does not)
Further, this waiver allows the applicant to provide substantially increased
landscaping along PGA Boulevard The applicant is mitigating this waiver by
providing substantial landscape improvements between the building and the
south property line. Cui-rently, the area between the building and the property
line has minimal landscaping Further, it should be noted that the area
adjacent to the south side of the subject site is an area used by the Prosperity
Center for parking and a loading area for Barnes & Noble Therefore, the
reduction of normal setback will have no adverse land use impact
0 A waiver fiom Section 78-3 19, Landscape Buffer requirements (south side),
which require an 8 foot wide perimeter buffer This request is to allow a 6 5
foot buffer (1 5 foot waiver) for the poition of the south boundary of the site
adjacent to the proposed building This area constitutes an area approximately
74 feet long The balance of the south property line will substantially exceed
the code requirement In fact, if the Code allowed buffer width averaging, the
proposed buffer would substantially exceed code requirements It should be
noted that the existing site currently violates this Code provision along three
of the four property lines, including both i-ight-of-way- buffers Both right-of-
way buffers and the eastern buffer are being brought into conformance on the
proposed plan This partial waiver is necessitated by the location of the new
building, which has been discussed above As noted above, the reduction of
this buffer enables the applicant to comply with buffer standards along the
roadways, which we believe will provide way significant aesthetic
improvement and a public benefit
a A waiver fiom Section 78-320, Foundation Planting (north side) is being
requested. This provision requires a 5’ wide foundation planter along each
side of the building adjacent to a vehicular use area. This waiver is to allow
the elimination of this requirement on the noith side of the structure. This
request is necessary in order to provide the required number of parking spaces
and handicap accessibility Due to the use of the subject site as a
Justification Statement
Page3
e redevelopment of a c-store wi gas sales with limited size and depth, inclusion
of a foundation planter on the noi-th side of the building would significantly
impact the circulation of the site A difference of 5 feet adjacent to the fiont
of the building would ultimately result in additional waivers for setbacks and
landscaping adjacent to the right-of-way for PGA Boulevard. It should be
noted that the current development does not provide any foundation planting.
In addition, the use of foundation planters in fi'ont of the paiticular type of use
existing and proposed for this site is not desirable. Due to the canopy
overhang which extends fiom the building and the screening of the fiont of
the structure by pump islands, both the maintenance and visibility of
landscaping in this area would be severely limited. Further, the high volume
of pedestrian traffic using the walkway in fi'ont of the building would result in
constant damage to the plant materials and the use of the planting area by
customers as a trash depository.
e A waiver fiom the requirements of Section 78-285 is being requested. This
section of the code allows for a maximum of 1 wall sign on the noith canopy
face, 1 sign on the west canopy face, 1 sign on the east canopy face and a logo
sign centered over the door of the north building face. The other three signs
will only spell out the name of the fuel provider The placement of the signs is
to allow identification of the facility on the east, west and north. No signs are
being proposed on the south side of the facility. As a gas station, it is
important that the facility type or brand be identifiable. Although a large
poition of a gas stations business is fiom passerby traffic, many consumers are
loyal to a specific brand or company. The placement of the additional signs is
to allow for brand identification when approaching the station fiom the
adjacent ro adw ays
e A waiver fiom the requirements of Section 78-23 is being requested. This
section of the code requires a 15 foot setback from property lines, to allow a
setback of 1.41 feet from PGA Boulevard and 4 64 feet from the coiner clip of
PGA Boulevard and Prosperity Farms Road The sign for the existing facility
is located in the southwest comer of the property, and is not visible to traffic
traveling along PGA Boulevard They applicant intends to provide very
significant landscape improvements in the area where the existing sign is
located, which would further compromise the viability of a sing in this
location In order to provide adequate sign identification, the applicant needs
to move the sign to a location closer to the intersection It should be noted
that the setbacks ide4ntified are measured fi.om the ultimate right-of-way of
both roads. Were it not for the possibility of future right-of-way takings, the
proposed sign would meet the required setback Consequently, the need for
Justification Statement
Page 4
this waiver is caused by the requirement to provide for future right-of-way
needs for the adjacent roadways.
A waiver fiom Section 78-363 is being requested The Code i.equires 1
loading space which we are requesting to be waived A loading area which
meets code requirements was provided at the northeast end of the site
However, the Planning and Zoning Board requested that a point of cross-
access be established with the property to the east, eliminating the area which
was designated for loading Although the formal loading space must be
removed to provide the cross-access, the area adjacent to the dumpster can
serve as an adequate loading area \\.ithout interfering with parking and
circulation Since loading can be controlled by the operator of the facility, the
need for an exclusive striped loading area is not necessary It makes sense to
allow the dumpster approach area to serve a dual function, especially since
refuse pick-up and deliveries are both infiequent activities which do not
conflict with each other
Although the applicant is requesting several waivers, approval of the proposed
redevelopment will bring the site significantly closer to compliance with cuirent
development standards. Further, the proposed modernized facility will aesthetically
improve both the subject site and the area.
..-4 "7 uu uJ;ulp blen Hanks Cons Eng'
ATTACHMENT 4
e
Departrncnc af Enginocring
and Public Worlw
P.0. Box 21229
West Palm ~cach. FL 35416-1223
(561) 684.4000
vnuw.pbcgov.cn m
rm
Pdm Beach County
Uoard of County
Commiesionors
Thny Mnsllotci , C hni rmnn
Addic L. Creme. Vicc Chairperson
lZarcn T. Marcus 0 Jeff I<oons
County Adm'ini.scram+
Haherr wsisrnnii
March 6,2006
Ms. Judy A. T. Dye
Assistant City Engineer
City of Palm Beach Gardens - LBFH Inc.
3550 S.W. Corporate'Pkwy.
Palm City, FL 34990
RE: PGA I Prosperity Farms Road Gas Station Expansion
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Judy:
The Palm Beach County Traffic Divislon has reviewed the traffic statement for the
proposed convenience store expansion project entitled PGAd Praspefity Farms Road
Gas Station, pursuant to the Traffic Performance Standards in Article 12 of the Palm
Beach County Land Development Code. 'The project is summarized as follows:
Location: SE Corner of the intersection of PGA and Prosperity Farms Road.
Municipality: Palm Beach Gacdens
Existing Uses: Gas Station with 12 Fuel Positions, and 2.177 SF Convenience
Store.
Proposed Uses: Addition of 323 SF Convenience Store (Total 2,500 SF).
New Daily Trips: 238
New PH Trips: 22 AM and 17 PM
B u ild-o u t; 2008
Based on our review, the Traffic Division has determined that the proposed expansion
project meets the Traffic Pcrforrnance Standards of Palm Beach County. No building
permits are to be issued by the City, after the buiid-out date, specified above, The County
traffic concurrency approval is subject to the Project Aggregation Rules set forth in the
Traffic Performance Standards Ordinance. If you have any questions regarding the above
comments. please contact me at 6844030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER .
CC: Glen Honks Consulling Engineering, Inc.
File: Gencral - TPS Mun. Traffic Study Review
F:\TRAFF IC\ma\Admin\Approvais\060227.doc
ATTACHMENT 5
May 11, 1992
May 21, 1992
RESOLUTION 43, 1992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 35, 1992, SETTING FORTH ALL OF THE
TERMS AND CONDITIONS CURRENTLY IN EFFECT FOR
DEVELOPMENT OF "PROSPERITY CENTRE" , A PLANNED
UNIT DEVELOPMENT, IN ADDITION TO THE TERMS AND
CONDITIONS AS SET FORTH IN SAID RESOLUTION 35,
1992, PERTAINING THERETO; AND, PROVIDING FOR
THE REPEAL OF ALL ORDINANCES AND RESOLUTIONS
AND PARTS THEREOF IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
WHEREAS, *IPROSPERITY CENTRE" , a Planned Unit Development, was
created by Ordinance 32, 1988, on October 20, 1988; and
WHEREAS, said Planned Unit Development has been subsequently
amended, the latest amendment being made on April 16, 1992, by
Resolution 35, 1992; and,
WHEREAS, the City Council has directed that this
administrative Resolution be prepared and adopted to set forth all
terns and conditions for development of the Planned Unit
Development, which are not set forth in said Resolution 35, 1992,
in order that there shall be no confusion as to requirements for
development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. Resolution 35, 1992 is hereby amended by setting
forth the following terms and conditions required and in full legal
effect for the development of the "PROSPERITY CENTRE", a Planned
Unit Development, in addition to the requirements contained in
Resolution 35, 1992:
1. The permitted usage shall be and the same
is hereby designated as those usages set
forth in CG-1 General Commercial
District.
2. The sale of alcoholic beverages, under a
Florida SRX license, or any subsequent
designation, in the use of the premises
is hereby approved. A variance to the distance requirements set forth in the
Palm Beach Gardens Code between premises
upon which alcoholic beverages are sold
is hereby granted.
1 res43.92
3.
4.
5.
6.
7.
8.
9.
10.
11.
No building permit shall be issued, until
the drainage and paving plans for
development of the Planned Unit
Development shall be approved by the City
Engineer and all other building
requirements of the Palm Beach Gardens
Code and requirements of other
governmental entities shall be met.
A performance bond, letter of credit or
cash funded escrow agreement shall be
posted with the City in requisite form
approved by the City Manager in a sum of
money necessary to assure completion of
paving and drainage together with utility
improvements; and, Petitioner's pro-rata
share (at least one-half) of the P.G.A.
Boulevard median improvements as shown on
Exhibit "D", attached to Ordinance 32,
1988, and improvements to Floral Lane,
prior to issuance of a building permit.
Signage, both temporary and permanent,
and any amendments to the approved
landscape plan, in the event necessary,
shall be reviewed and approved by the
City Council by subsequent Resolution.
The intervention or review by the
Planning and Zoning Commission, or the
Site Plan Review Committee, shall not be
required nor shall a public hearing or
publication in a newspaper of general
circulation be required prior to adoption of such Resolution.
No outside speakers shall be used in the
Planned Unit Development.
Lighting on site shall be of low level
intensity and shall not spill over onto
residential areas. All lighting on the East and South sides of the property
shall have a height no greater than six
(6) feet.
No deliveries shall be made to the Planned Unit Development between the
hours of 8:OO P.M. and 7:OO A.M.
No live or taped music shall be permitted
outside any building within the Planned
Unit Development. All internal music
shall be background type music usually
associated with restaurant dining.
In the event the Florida Department of
Transportation shall authorize and permit
a traffic signal in the P.G.A. Boulevard
median described in Exhibit I'D'' of
Ordinance 32, 1988 prior to October 20,
1993, Petitioner shall within twenty (20)
days of written request for payment by
the City, shall pay to the City the cost
of such signal and installation thereof.
All current requirements of the Palm
Beach Gardens Code shall be met by
Petitioner prior to issuance of a building permit.
2 res43.92
I
12.
13.
14.
15.
16.
17.
The Petitioner shall provide cross-access
to the outparcel (Fina gas station) at
the southwest corner of Prosperity Farms Road and PGA Boulevard: if it is possible
to provide such access in negotiations
with that property owner.
Signage at the ingressjegress points from
where left-turn out only and right-turn
in only shall be provided to avoid
motorist confusion as approved by the
city or its engineer.
The .20 acre area designated as a 18Gardent8 on the south side of the Planned
Unit Development shall be maintained as
open space by the developer.
All roof mounted equipment including but
not limited to antennas shall be properly
screened so that said equipment shall not
be visible in the line of sight within
1,000 feet of the base line of the
building upon which same shall be
mounted.
No construction traffic shall be
permitted on Kidd Road side of project.
No site work shall proceed until City
Forester has flagged trees on site to be
protected.
Section 2. All Ordinance or Resolutions or parts thereof, in
conflict herewith, are hereby repealed.
Section 3. This Resolution shall be effective upon date of
passage.
INTRODUCED: PASSED AND ADOPTED THIS THE 21st DAY OF MAY, 1992. -
LL-ldL
MAYOR MICHAEL MARTIN0
ATTEST :
~CTING DEPUTY CITY CLERK
VOTE : - NAY ABSENT
MAYOR MARTIN0 J -__ VICE MAYOR RUSSO r/
COUNCILMAN ALDRED 7 -- COUNCILWOMAN MONROE 7 -
COUNCILMAN XISELEWSXI 2 -
3 res43.92
\. \
CITY OF PALM BEACH GARDENS
lo500 N. MILITARY TRAIL * PALM BEACH GARDENS. FLORIDA 334104698 ' (407) ?7$8200
May 26, 1992
Mf. Larry Smith
Gary, Dytrych & Ryan, P.A. 701 U.S. Highway X1 North Palm Beach, Florida 33408
Dear MK. Smith:
Enclosed please find copies of . 35 and 1992,
which were approved by the City Council at its regular April 16, 1992, and May 21, 1992, respectively. ing on
Sincerely,
Administrative Secretary
Enclosures: as stated
ATTACHMENT 6
February 26,2001
March 20,2001
ORDINANCE 6,2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF AN APPLICATION FROM MARATHON-
ASHLAND PETROLEUM CORPORATION FOR A RE-
ZONING OF A .8 ACRE PARCEL OF LAND FROM CG-1
GENERAL COMMERCIAL TO CG-1 GENERAL
COMMERCIAL WITH A PLANNED UNIT DEVELOPMENT
OVERLAY ZONING DISTRICT FOR THE PURPOSE OF
DEMOLISHING AN EXISTING 2,177 SQUARE-FOOT
BUILDING AND CONSTRUCTING A NEW 2,337 SQUARE-
FOOT CONVENIENCE STORE WITH GASOLINE SALES,
LOCATED AT THE SOUTHEAST CORNER OF PGA
BOULEVARD AND PROSPERITY FARMS ROAD;
PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR WAIVERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
from Marathon-Ashland Petroleum Corporation for approval of a re-zoning
of a .8 acre parcel of land from CG-1 General Commercial to CG-1 General
Commercial with a Planned Unit Development overlay zoning district for the
purpose of demolishing an existing 2,177 square-foot building and
constructing a new 2,337 square-foot convenience store with gas sales,
located at the southeast corner of PGA Boulevard and Prosperity Farms
Road, as more particularly described in Exhibit “A” attached hereto; and
WHEREAS, the .8-acre “Speedway Service Station” site is currently
zoned General Commercial (CG-1); and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the City’s
Comprehensive Plan and Land Development Regulations: and
WHEREAS, the Growth Management Department has recommended
approval of a re-zoning to planned unit development (PUD) known as
Speedway Service Station; and
14
Ordinance 6, 2001
Meeting Date: April 5, 2001
Date Prepared: March 20, 2001
Petition PUD-00-05
WHEREAS, the City's Planning and Zoning Commission has
reviewed said application and recommended that it be approved with the
requested waivers and subject to certain conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby approves a re-zoning of a .8 acre parcel of land from CG-1
General Commercial to CG-1 General Commercial with a Planned Unit
Development overlay zoning district for the purpose of demolishing an
existing 2,177 square-foot building and constructing a new 2,337 square-foot
convenience store with gas sales, located at the southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described in
Exhibit "A" attached hereto: and
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions, which shall be the responsibility of the applicant, its
successors or assigns:
Food and drink provided within the food mart shall be
limited to self-service items only, including (but not limited
to) such items as hot dogs, doughnuts, coffee, or fountain
soda drinks, which customers must select and purchase
without assistance, preparation, or assembly by the
employees of the service station. One microwave oven, for
self-service heating or re-heating of food, shall be allowed.
(Planning and Zoning).
Prior to construction plan approval, the applicant shall
provide a letter of authorization from the appropriate utility
owners allowing the applicant to pave, landscape and place
stormwater management features within their respective
utility easements (City Engineer).
Prior to construction plan approval, the applicant needs to
call out the curb transitions on the Site Plan and provide a
detail for the curb transitions at the entranceways (City
E ng i nee r) .
15
Ordinance 6,2001
Meeting Date: April 5,2001
Date Prepared: March 20,2001
Petition PUD-00-05
The applicant shall utilize lighting shields or other similar
mechanics on lights located under the canopy to minimize
the lighting glare emanating from the site (Planning and
Zoning , B u i I d i ng ) .
Prior to issuance of building permit, the applicant shall
provide the City an agreement between the adjacent
property owners and the owners of the subject site allowing
the southwest and northeast connections between the
sites. Should the adjacent property owner not agree to the
northeast connection, the applicant shall provide for a
loading space in this location as originally proposed
(Planning and Zoning).
SECTION 3. The following waivers are hereby granted with this
approval:
A waiver from Sections 87 & 88 of the Land Development Regulations
which require a minimum of a 1 acre parcel, to permit a .8 acre parcel of
land to be zoned Planned Unit Development.
A waiver from Section 95 of the Land Development Regulations which
requires a maximum of 10 footcandles, to permit 100 footcandle lighting on
site.
A waiver from Section 87 of the Land Development Regulations which
requires a rear setback of 15 feet, to permit a rear setback of 6.5 feet.
A waiver from Section 105(12)(b) of the Land Development Regulations
which requires a 12 foot-wide multi-use pathway, to permit a five-foot
sidewalk.
A waiver from Section 179(h) of the Land Development Regulations which
requires a minimum stacking distance of 100 feet, to permit minimum
stacking distances of 32 feet.
A waiver from Section 160(a) of the Land Development Regulations which
requires an eight foot landscape buffer, to permit a 6.5 foot wide landscape
buffer along the southern portion of the property.
A waiver from Section 161 (4)(a.2) of the Land Development Regulations
which requires a six foot foundation planting buffer, to permit no foundation
planting in front of the building.
A waiver from Section 136(a) of the Land Development Regulations which
requires a maximum of one wall sign per building, to permit four wall signs.
A waiver from Section 87 of the Land Development Regulations which
requires a minimum 50 foot front setback, to permit a 25.57 front setback
16
Ordinance 6,2001
Meeting Date: April 5,2001
Date Prepared: March 20,2001
Petition PUD-00-05
(Prosperity Farms Road).
A waiver from Section 185 of the Land Development Regulations which
requires one loading zone, to permit no designated loading zone on site.
A waiver from Section 136 of the Land Development Regulations which
requires a 15 foot setback from property lines, to allow for a 11.35 foot
setback from the property line at the corner of Prosperity Farm Road and
PGA Boulevard.
(I 0)
(1 1)
SECTION 4. Construction of the Planned Unit Development shall be
in compliance with the following plans on file with the City’s Growth
Management Department:
Official Exhibits:
1.
2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
March 1, 2001 Cover and Data Sheet, Lincoln-Allen Engineering, 1
Sheet.
March 20, 2001 Site Plan, Lincoln-Allenh Engineering, Sheet 2
February 2, 1999 Boundary and Topographic Survey, Pulice Land
Surveyor, 1 Sheet
March 1, 2001 Demolition Plan, Lincoln-Allen Engineering, Sheet 5
March 20, 2001 Paving, Grading and Drainage Plan, Lincoln-Allen
Engineering, Sheet 6
March 20, 2001 Utility Plan, Lincoln-Allen Engineering, Sheet 7
March 19, 2001 General Civil Notes, Lincoln-Allen Engineering, Sheet
March 1, 2001 Detail Sheet, Lincoln-Allen Engineering, Sheets9-10
March 20, 2001 Landscape Plan, Lincoln-Allen Engineering, Sheets
L1 -L2
March 1, 2001 Lighting Plan, Lincoln-Allen Engineering, Sheet LP
February 28, 2001 Architectural Elevations, Orlando-Alonso
Architects, Sheets Al-A2
a
Supporting Documents:
1. September 13, 2000 Traffic Impact Analysis, AVID Engineering, 2
pages.
SECTION 5. Said approval shall be consistent with, and expressly
incorporates, all representations made by the applicant or applicant’s agents
at any workshop or public hearing.
SECTION 6. If any section, paragraph, sentence, clause, phrase, or
17
Ordinance 6,2001
Meeting Date: April 5,2001
Date Prepared: March 20, 2001
Petition PUD-00-05
word of this Ordinance is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of the Ordinance.
SECTION 7. All ordinances or parts of ordinances of the City of Palm
Beach Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 8. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS ,6 DAY OFtd+w. 2001
PLACED ON SECOND READING THIS,~DAY OF,/L, ~2001.
PTEIZTHIS 5 DAY OF ~~ncL2001.
COUNCILMk? DAYID CLARK
COUNCILh@N CARL SABATELLO
CITY CLERK
18
Ordinance 6,2001
Meeting Date: April 5,2001
Date Prepared: March 20,2001
Petition PUD-00-05
APPROVED AS TO LEGAL
FORM AND/faUFFIMNCY BY:
CITY M~RNEY
VOTE: AYE i -JAY IT
MAYOR RUSSO ,/
VICE MAYOR FURTADO J COUNCILMAN JABLIN J
COUNCILMAN CLARK J
COUNCILMAN SABATELLO J
\\FILE-SRV\COMPROG\Short Range\pud0005ord .doc
19
BSE
Ordinance 6, 2001
Meeting Date: April 5, 2001
Date Prepared: March 20,2001
Petition PUD-00-05
EXHIBIT “A”
20
LEGAL DESCRIPTION:
THAT PORTION Of A 200.00 FOOT BY 200.00 FOOT PARCEL OF LAND
LOCATED IN THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF
SECTION 5, TOWNSHIP 42 SOUTH. RANGE 43 EAST, PALM BEACH
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS;
COMMENCE AT THE CENTER OF SAID SECTION 5; THENCE SOUTH 88
DEGREES 29 MINUTES 59 SECONDS EAST ALONG THE NORTH LINE OF
SAID SOUTHEAST 1/4 OF SECTION 5 AND ALONG THE BASELINE OF
SURVEY FOR P.G.A. BOULEVARD (STATE ROAD 74) AS SHOWN IN
ROAD PLAT BOOK 5. PAGE 189 OF THE PUBLIC RECORDS OF PALM
BEACH COUNlY, FLORIDA FOR 157.12 FEET; THENCE SOUTH 01
DEGREES 30 MINUTES 01 SECONDS WEST FOR 58.00 FEET TO A
OF SAID P.G.A. BOULEVARD (STATE ROAD 74) AND THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND;
THENCE SOUTH 88 DEGREES 29 MINUTES 59 SECONDS EAST ALONG
SAID SOUTH RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD -(STA-TE
ROAD 74) FOR 89.03 FEET TO A POINT OF CURVATURE OF A
CIRCULAR CURVE CONCAVE TO THE NORTH: THENCE EASERLY ALONG
SAID SOUTHERLY RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD (STATE
ROAD 74) AND THE ARC OF SAID CURVE HAVlNG A RADIUS OF
11,513.16 FEET AND A CENTRAL ANGLE OF 00 DEGREES 21 MINUTES
47 SECONOS FOR 72.95 FEET TO A POINT OF TERMINATION ALONG
'THE ARC OF SAID CURVE, WlTH SAID POINT OF TERMINATION
BEARING SOUTH 01 DEGREES 08 MINUTES 14 SECONDS WEST FROM
THE CENTER OF SAID CURVE; THENCE SOUM 01 DEGREES 29
MINUTES 00 SECONDS WEST FOR 182.23 FEET; THENCE NORTH 88
DEGREES 29 MINUTES 59 SECONDS WEST FOR 194.99 FEET TO A
POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY UNE
OF PROSPERIN FARMS ROAD; THENCE NORTH 01 DEGREES 29
MINUTES 00 SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY
LINE OF PROSPERITY FARMS ROAD FOR 148.99 FEET TO A POINT;
THENCE NORTH 46 DEGREES 29 MINUTES 30 SECONDS EAST FOR
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Lighting - SiteLighting.com - Gardco Lighting - Emco Lighting Page 1 of 1
bollards canopy cylinders emergency fascia forms fascia plates fascia wash floodslspots
glowtops gullwing lightcolumns @ mantaray/miniray poles round. sconces square step/aisle li
101 Square Wedge Downlight
Until now, industrial wall packs, purely
decorative fixtures, and wall mounted area
luminaires have left specifiers with wholly
unsatisfying solutions to building mounted
illumination. Enter the Gardco 100 Line. With
exceptionally low glare, it offers several
effective lighting distributions in four, clean,
elegantly crafted profiles.
For crisp lined architecture, the 101 square
wedge luminaire is a perfect choice. Available in wattages up to 175MH, this
soft, trapezoidal form is designed to integrate naturally into the wall and with
the surrounding architecture.
It is available with three distinct optical systems - either the wide throw (IES
Type 11) for pathway illumination, the forward throw (IES Type IV) for
applications requiring light thrown out into the parking area or the medium
throw, which provides extremely low glare illumination.
With tapered sides and subtle twin edge reveals, these compact luminaires
integrate naturally to wall surfaces. Powdercoat finishes in standard bronze,
beige, natural, black, white and special paint-to-match colors enhance the
capability to blend luminaire to architecture.
Housing, door frame, and back plate are all precision die cast aluminum. Heat-
dissipating fins integrated into the back plate assure cool operation and
extended ballast life. Each luminaire is completely pre-wired and factory-tested
before shipment. The lens is optically clear tempered soda lime glass.
Completely sealed and gasketed at every point of entry and at all points of
material transition to thoroughly exclude the elements and effect of time, the
100 Line is certain to make a lasting contribution wherever it might be applied.
home - photornetrics - literature - sales representatives - tech talk - aardco - emc~ - &
search - VIP club - rep net
I Gardco Lighting
1611 Clovis Barker Road, San Marcos, TX 78666
800.227.0758 800.477.8653
Sconces
101 Square
102 Round ~ V
-~ 103 Up/Dow
104 Half C_y_lI
__~ 105 Glowto1
______ 106 quarter^
107 Gullwin<
108 Circa Sc
111 Mini __. SCC
141 Super S
0 copyright 1996 - 2006 Gardco Lighting. All rights reserved. International copyright secured.
Geniyte Group
http://www.emcolighting.com/Products.cfm+Brand+gar+ProLine+Scon+Style+ 10 1 2/21/2007
I 1 Notes: Job:
Type:
AVALUME
The EMCO Avalume is a rectilinear area luminaire defined by its sleek rounded profile and rugged
construction. The housing is one-piece, diecast aluminum and mounts directly to a pole or wall without the
need of a separate support arm. The multifaceted arc-image duplicating optical systems provide IES Types
111 and IV distributions. The door frame is single-piece diecast aluminum and retains an optically clear
tempered flat glass lens. The luminaire is completely sealed and gasketed preventing intrusion from
moisture, dust and insects. The Avalume luminaires are finished with a fade and abrasion resistant TGlC
powdercoat. ll
PREFIX CONFIGURATION DISTRIBUTION WATTAQE VOLTAGE FINISH OPTIONS
I J
Enter the order code into the appropriate box above. Note: Gardco resew the righl lo refuse a configuration. Not all cmbinations and configurations are valid.
Refer to notes below for exclusions and limitations. For questions or concerns, please consult the factory.
1
2
2@90
3
38120"
4
W
ws
Single Pole Mount
Twin Pole Mount at 180"
Twin Pole Mount at 90"
3-way Pole Mount at 90"
3-way Pole Mount at 120"
4-way Pole Mount
Wall Mount
Wall Mount with Surface Conduit
3 IES Type 111
F
NOTE Type 111 reflectors ship asType F.
IES Type IV Forward Throw
Removal of an Insert converts the reflector to Type 3.
5 IES Type V
MTS Medium Throw with Solite'" Lens (fluorescent only)
150HPS 100MHl 250PSYH 120
25OHPS 15OMH' 320PSMH (2)6OCF 208
400HPS 175MH 350PSMH (3)42TRF 240
250MH 40OPSMH 277
HPS - &jl Pnssure sodium 347
MH . Metal Halide 400MH'
PSMH . Puke Start Metal Halide 400
CF - Cmpad Fluorescent
JRF - Tripla Tube Compact Fluorescent
1. Uses €28 mmulbase bmo
BRP Bronze Paint
BLP Black Paint
WP White Paint
NP Natural Aluminum Paint
BGP Beige Paint
OC Optional Color Paint
SC Special Color Paint
SpedlYRALdesigMdbn erocRALm4
s~mt~~c/lip
HS
LF
PC
PCR
MF
PTFP
PTF3
PTF4
OS
WG
POLY
External House Side Shield
In-Poldln-Line Fusing (Kit Includes In-Line Fuses)
Locking Type Photocontrol Receptacle wPhotocontro1 (Not avaIhMe with 48OV)
Locking Type Photocontrol Receptade
Mast Arm Fitter (Requires 2 3W 0.13. Mast Arm)
Pole Top Filter 2.375' X 4'
Pole Top Filter 3' - 3.5' X 6"
PoleTop Filter 3.5' - 4' X 6"
Quartz Standby (1Mw maximum. Not available with 480V)
Wire Guard
External Polycarbonate Shield (250~ mawhnwn)
€ZlEMCO 0 Copyright EMCO Lighting 2004-2006. All flights Reserved. International EMCO LlgMlng
Cwright Secured. EMCO Lighting reserves the right to change materials or 161 1 Clovis Barker Road
modify the deslgn 01 its product without notification as pari of the company6 sari M~~~~, TX 78666
continuing product imprwement program. www.sitdighting.corn !!!!!!E LIGHTING
(800) 227-0758
(512) 753-1000
FAX (51 2) 753-7855
79215-56/0306 A Genlyte Company
AVALUME
GENERAL SPECIFICATIONS: Each Emco Avalume luminaire is a
rectilinear area luminaire defined by its sleek rounded profile and
rugged construction.
HOUSING: The housing is one-piece diecast aluminum, and
mounts directly to a pole or wall without the need of a separate
support arm. The low profile rounded form reduces the E.P.A.
(Effective Projected Area) of the luminaire to only 1.1 square feet
(0.10 square meters).
DOORRENS ASSEMBLY: The door frame is single-piece diecast
aluminum and retains an optically clear tempered flat glass lens.
The diecast aluminum lens frame hinges down from the housing
and is secured by a stainless steel lanyard and hinge pin. The
tempered flat glass lens is mechanically secured with four (4)
retainers. The electrical and optical chambers are thoroughly
sealed with an extruded one-piece memory retentive extruded
silicone gasket to prevent intrusion from moisture, dust, insects and
other contaminants.
OPTICAL SYSTEMS: The segmented reflector system consists of
two tiers of highly specular aluminum facets, precisely aligned to
achieve specific photometric distributions. Optical systems are of
the fixed position type with the lampholder be positioned on the
arm-side of the luminaire.
The position-oriented mogul base lampholder is glazed porcelain
with a nickel plated screw shell.
Fluorescent luminaires use a Medium Throw reflector with a Solitd
glass lens (MTS).
ELECTRICAL: Each high power factor ballast is the separate
component type, capable of providing reliable lamp starting down to
-WF/-.29”C. Component to component wiring within the luminaire
will carry no more than 80 percent of rated current and is listed by
U.L. for use at 600 VAC at 150°C or higher. Plug disconnects are
listed by U.L. for use at 600 VAC, 15 A or higher. Standard
fluorescent ballasts are solid state.
FINISH: Each standard color luminaire receives a fade and
abrasion resistant electrostatically applied thermally cured
triglyadal isocynurate (TGIC) textured polyester powdercoat finish.
Standard colors include Bronze (BRP), Black (BLP),, White (WP),
Natural Aluminum (NP). Consult factory for specifications on
custom colors.
LABELS All luminaires bear U.L. or C.U.L. (where applicable) Wet
Location labels.
4 13.70 77) crn
6.83” --I-
17.40 crn
16.50’ ~~
41.90 crn i 16.00 ~
40.60 crn
€?A
1 2%
i.iftZ 2.2ft2 2.7~2
vvlth House Side Shield
0.10 rn’ 0.20 rn‘ 0.25 rn’
1 2M
1.2 ft’ 2.2 ff 3.2 ft’
- ~~ mEMC0 0 Copyright EMCO mhting 2004-2006 All Rights Reserved. lntematlonal
modify the deslgn Of k.3 pmduct WkhOUt ilOMiCdtiOfl a6 pan Of the COWXflqS
EMCO Llghtlng
Sari Marcos, TX 78666
(800) 227-0758
FAX (51 2) 753-7855
Copyright Secured. EMCO Ughtlw reserves the right lo change materials or
continuing product improvement program www.site1ighting.com E!!!!!E LIGHTING
161 1 Clwis Barker Road (512) 753-1000
79215-5610306 A Genlyte Company
Date Prepared: January 29, 2007
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ORDINANCE 2,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING;
REZONING A PARCEL OF LAND CONSISTING APPROXIMATELY
OF 0.80 ACRES, GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF PGA BOULEVARD AND PROSPERITY FARMS
ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM
DEVELOPMENT (PUD) OVERLAY WITH UNDERLYING GENERAL
“SUNOCO SERVICE STATION”; AMENDING THE ZONING
DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE.
GENERAL COMMERCIAL (CG-1) TO A PLANNED UNIT
COMMERCIAL (CG-1) ZONING,TO BE REFERRED TO AS THE
WHEREAS, the City has received Petition PPUD 06-09-000011 from S&S
Rentals, Inc. for rezoning from General Commercial (CG-1) to Planned Unit
Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1)
for an 0.80-acre parcel of land, generally located at the southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described herein, to be
referred to as the “Sunoco Gas Station”; and
WHEREAS, the subject site has a General Commercial (CG-1) zoning
classification and has a land-use designation of Commercial (C); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application
at its January 9, 2007, meeting and recommended approval of the rezoning 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 this Ordinance is consistent
with the City’s Comprehensive Plan.
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: January 29, 2007
Ordinance 2, 2007
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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 General Commercial (CG-1) zoning designation to a Planned Unit Development
(PUD) Overlay with an underlying General Commercial (CG-1) zoning designation to be
referred to as the “Sunoco Service Station”:
LEGAL DESCRIPTION:
SUNOCO SERVICE STATION
PARCEL “A PGA SPEEDWAY PLAT, ACCORDING TO THE PLAT THEREOF, ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 92, PAGE 105.
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 Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 29, 2007
Ordinance 2, 2007
PASSED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of ,2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
AGAINST ABSENT
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\sunoco service station rezoning - ord 2 2007.doc
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RESOLUTION 19,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN AND
LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
PGA BOULEVARD AND PROSPERITY FARMS ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO BE REFERRED TO AS
THE “SUNOCO SERVICE STATION”; ALLOWING THE
REDEVELOPMENT OF THE EXISTING CONVENIENCE STORE
WITH GAS SALES; PROVIDING FOR WAIVERS; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
MAJOR CONDITIONAL USE FOR THE 0.80-ACRE PARCEL OF
WHEREAS, the City has received Petition PPUD 06-09-000011 from S&S
Rentals, Inc. for a site plan and major conditional use approval to allow the demolition of
an existing gas station and the construction of a new convenience store with gas sales
on the 0.80-acre site, generally located at the southeast corner of PGA Boulevard and
Prosperity Farms Road, as more particularly described herein, to be referred to as the
“Sunoco Service Station”; and
WHEREAS, the subject site has a land-use designation of Commercial (C) and a
General Commercial (CG-1) zoning classification; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application
at a public hearing at its January 9, 2007, meeting and voted 7-0 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: January 29, 2007
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Date Prepared: January 29, 2007
Resolution 19, 2007
SECTION 2. Petition PPUD 06-09-00001 1 from S&S Rentals, Inc. is hereby
APPROVED on the following described real property to allow the redevelopment of an
existing gas station, generally located at the southeast corner of PGA Boulevard and
Prosperity Farms Road, subject to the conditions of approval contained herein, which are
in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
SUNOCO SERVICE STATION
PARCEL “A PGA SPEEDWAY PLAT, ACCORDING TO THE PLAT THEREOF, ON
FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 92, PAGE 105.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following eight (8) waivers:
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2.
3.
4.
5.
6.
7.
8.
Section 78-1 53, Table 12, Nonresidential zoning district regulations, to
reduce the front setback by 24.24 feet.
Section 78-1 53, Table 12, Nonresidential zoning district regulations, to
reduce the required side setback by 8.5 feet.
Section 78-1 54, Table 14, PUD - Planned unit development overlay district,
to reduce the minimum PUD size to .80 acre.
Section 78-285, Table 24, Permitted signs, to permit a total of 4 wall signs.
Section 78-285, Table 24, Permitted signs, to permit a monument sign
within the minimum right-of-way setback of 15 feet.
Section 78-31 9(a), Minimum landscape buffer and planting requirements, to
reduce the required landscape buffer along the southern property line by 1.5
feet.
Section 78-320(4), Foundation landscaping and planfings, to waive the
foundation landscaping and plantings.
Section 78-364(a), Number of loading spaces required, to waive the
requirement for one (1) loading space.
SECTION 4. This approval is subject to the following conditions of approval,
which shall be the responsibility of the Applicant, its successors, or assigns:
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1.
2.
3.
4.
Date Prepared: January 29, 2007
Resolution 19, 2007
Planninq & Zoning
The property owner shall provide to the Palm Beach County Land
Development Division a road right-of-way deed and all associated
documents as required by the County Engineer for additional right-of-way
on PGA Boulevard adjacent to the property. Right-of-way deed(s) and
associated documents shall be provided to Palm Beach County no later
than 90 days from the date of approval of this Resolution. Right-of-way
conveyance shall be free of all encroachments and encumbrances.
Property owner shall provide Palm Beach County with sufficient
documentation acceptable to the Right-of-way Acquisition Section to ensure
that the property is free of all encumbrances and encroachments. The
Grantor further warrants that the property being conveyed to Palm Beach
County meets all appropriate and applicable environmental agency
requirements. In the event of a determination of contamination which
requires remediation or clean-up on the property now owned by the Grantor,
the Grantor agrees to hold the Grantee harmless and shall be responsible
for all costs of such clean-up, including, but not limited to, all applicable
permit fees, Engineering, or other expert witness fees, including Attorney’s
fees, as well as the actual cost of the clean-up. Thoroughfare Plan Road
right-of-way conveyances shall be consistent with Palm Beach County’s
Thoroughfare Right-of-way Identification Map and shall include, where
appropriate, provisions for Expanded Intersection Details and “Corner
Clips.” The property owner shall not record these required deeds or related
documents. After final acceptance, Palm Beach County shall record all
appropriate deeds and documents. (Engineering, Planning & Zoning, City
Attorney)
Food and drink provided within the food mart shall be limited to self-service
items only, including, but not limited to, such items as hot dogs, doughnuts,
coffee, or fountain soda drinks, which customers must select and purchase
without assistance, preparation, or assembly by the employees of the
service station. (Planning & Zoning)
Prior to the issuance of the first building permit, the Applicant shall post
escrow or make payment in lieu for Art in Public Places in accordance with
the City’s LDR. If the Applicant is proposing art on site, an application for
art approval shall be submitted prior to the issuance of the first building
permit, and the art shall be approved prior to the issuance of the first
Certificate of Occupancy. If the art is not approved prior to the issuance of
the first Certificate of Occupancy, the City shall have the option of
withdrawing the escrow. (Planning & Zoning)
Prior to the issuance of the first building permit, the Applicant shall install a six-
foot tall construction fence with a privacy tarp around the entire property line.
(Planning & Zoning)
3
Date Prepared: January 29, 2007
Resolution 19, 2007
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5. The Applicant shall coordinate and receive approval from the Growth
Management Administrator prior to the closing of any public sidewalk.
(Planning & Zoning)
6. Per Section 78-221(h)(3), trademark forms and colors shall not be permitted
on the building and associated structures, including the canopies. However,
trademark forms and colors shall be permitted on the gasoline pump stations.
(Planning & Zoning)
7. All wall signage on the canopy shall be restricted to channel lettering only.
(Planning & Zoning)
8. All signage for the building and associated structures, including the
canopies, shall be approved by separate application. (Planning & Zoning)
9. The lighting source from the canopy shall be recessed so that there is no
off-site glare or lighting spillover into PGA Boulevard and Prosperity Farms
Road. (Planning & Zoning)
10. Prior to the issuance of the Certificate of Occupancy, all roof-top mechanical
equipment shall be screened from view. (Planning & Zoning)
11. At no time shall staging of construction vehicles and/or service vehicles
occur within a public right-of-way. (Planning & Zoning)
12. Prior to the issuance of a building permit, the Applicant shall provide cross-
access agreements with the owner of the shopping center (Prosperity
Centre) adjacent to the site in order to facilitate the construction of the
cross-access points at the southern and eastern property lines. The
agreement shall be subject to the review and approval of the City Attorney.
(Planning & Zoning, Engineering)
13. Prior to the issuance of a Certificate of Occupancy, the Applicant shall
construct the cross accesses to the south and east in accordance with the
approved plans, and subject to the review and approval of the City
Engineer. (Planning & Zoning, Engineering)
14. All utilities shall be located underground pursuant to Section 78-221(i).
(Planning & Zoning, Engineering)
Ennineerinq
15. Prior to construction plan approval, the Applicant shall provide a letter of
authorization from the appropriate utility owners allowing the Applicant to
pave, landscape, and place storm water management features within their
respective utility easements. (City Engineer)
4
Date Prepared: January 29, 2007
Resolution 19, 2007
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Prior to construction plan approval, the Applicant shall call out the curb
transitions on the site plan and provide a detail for the curb transitions at the
entrance ways. (City Engineer)
Prior to the issuance of any land clearing permits, the Applicant shall revise
the approved plans as follows: (City Engineer)
a. Revise the location of the stop sign shown at the northwest corner of the
proposed building on all plans. The proposed stop sign shall be placed
outside of the five-foot sidewalk.
b. Provide a stop sign and stop bar for the ingress from Prosperity Centre
into the Sunoco site.
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a cost estimate and surety in
accordance with LDR Sections 78-309 and 78-461 , and a cost estimate for
on-site project improvements, not including public infrastructure or
landscaping and irrigation costs for review and approval by the City. The
cost estimates shall be signed and sealed by an engineer and/or a
landscape architect licensed in the State of Florida. (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 the 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 waterkewer) and all pertinent calculations for review and comment.
(City Engineer)
The Applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division equivalency and
concurrency approval letter. (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)
The Applicant shall copy to the City all permit applications, permits,
certifications and approvals. (City Engineer)
5
Date Prepared: January 29, 2007
Resolution 19, 2007
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fencing as required by the City Engineer. (City Engineer)
25. The build-out date for the Sunoco Service Station shall be December 31,
2008, unless extended in accordance with City Code Section 78-61. (City
Engineer)
Landscaping
26. Prior to the issuance of the first building permit for the proposed building,
the Applicant shall submit the landscape plans approved by all applicable
utility companies (i.e., FP&L and SUA) for review and approval by the City.
(City Forester)
27 The Applicant shall maintain all roadway (medians and shoulders)
landscaping adjacent to the northern property line of the subject property
along PGA Boulevard and adjacent to the western property line along
Prosperity Farms Road. This responsibility shall include the grass strip at
the northwest corner of the property and any future median landscaping
along PGA Boulevard and Prosperity Farms Road in the locations described
above. This condition may be amended at any time by a mutual agreement
between the City and the Applicant. (City Forester)
28. Prior to the issuance of the Certificate of Occupancy, the Applicant shall
install all required buffer plantings in accordance with the approved
landscape plan. (City Forester)
Police
29. Prior to the issuance of the Certificate of Occupancy, the Applicant shall
comply with the following conditions of approval related to Crime Prevention
Through Environmental Design (CPTED):
a. Lighting locations and building addresses shall not conflict with
landscaping, including long-term tree canopy growth. (Police)
b. Lighting on the building shall be around the perimeter of all sides and on
pedestrian walkways surrounding the building. (Police)
c. Metal halide lighting shall be installed for parking lot and pedestrian
walkways. (Police)
d. Install convex mirrors and keep signs and shelves low, where they don't
obstruct employee view. (Police)
6
Date Prepared: January 29, 2007
Resolution 19, 2007
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e. Install a drop safe and have signage indicating that little cash is kept on
hand. (Police)
f. Install video surveillance equipment and closed circuit TV (CCTV) to
deter robberies by increasing the risk of identification. (Police)
g. Install silent alarms to notify police in the event of a problem. (Police)
h. Limit access into the store during late night hours by installing bullet-
resistant enclosures with pass-through windows. (Police)
i. Put height markers on exit doors to help witnesses provide more
complete descriptions of assailants. (Police)
j. Use door detectors to alert employees when persons enter the store.
(Police)
k. Control access to the store with door buzzers for nighttime use or closing
hours. (Police)
30. The Applicant shall lock all doors when the facility is not in use. (Police)
Miscellaneous
31. Prior to the issuance of the Certificate of Occupancy, digital files of the
approved civil design and architectural drawings, including floor plans, shall
be submitted to the Planning and Zoning Division. (GIs Manager,
Development Compliance Officer)
32. The Applicant shall notify the City’s Public Works Division at least 10
working days prior to the commencement of any work/construction 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 working days to
obtain a right-of-way permit. Right-of-way permits may be obtained from the
Building Division. Failure to comply with this condition could result in a
Stop-Work Order of all work/construction activity within the public right-of-
way and the subject development site. (Public Works)
SECTION 5. The property shall be constructed in compliance with the following
plans on file with the City’s Growth Management Department:
1. Sheet AO.l: Site Plan, prepared by Richard Wensing, Architects and
Planners, PA, dated December 2, 2005, and received and stamped by the
Planning and Zoning Division on February 9, 2007.
7
Date Prepared: January 29, 2007
Resolution 19, 2007
1 Sheets LP-1 of 2, LP-2 of 2: Landscape Plan, prepared by Jon E. Schmidt
2 and Associates, last revised on February 5, 2007, and received and
3 stamped by the Planning and Zoning Division on February 5, 2007.
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5 3. Sheets A-I, A-4, and A-4A: Architectural Floor Plans and Elevations,
6 prepared by Richard Wensing, Architects and Planners, PA, dated
7 December 2, 2005, and received and stamped by the Planning and Zoning
8 Division on February 9, 2007.
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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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a
Date Prepared: January 29, 2007
Resolution 19. 2007
PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLlN
CO U NC I L M E M B ER LEVY
COUNCILMEMBERVALECHE
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\sunoco service station - reso I9 2007-revised-final.doc
9
Lzd
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 28,2007
Meeting Date: March 15, 2007
Ordinance 12,2007
Resolution 28, 2007
SUBJECTIAGENDA ITEM
Ordinance 12,2007 & Resolution 28,2007: Redevelopment of Palm Beach Gardens High School
First Reading: A request for rezoning of a 39.74 acre parcel of land from a Public or Institutional zoning
classification to Public or Institutional zoning classification with a Planned Unit Development Overlay and a
Major Conditional Use approval to allow the demolition of the existing high school and the construction of eight
new buildings, of up to three (3) stories, generally located on the east side of Military Trail between Lilac Street
and Holly Drive.
[XI Recommendation to APPROVE with one waiver.
[ ] Recommendation to DENY
Reviewed by:
Director of Planning &
$ Zoning
Tala1 Benothman, AICP
City Attorney
Development compliance.^^^
Bahareh Keshavarz-Wolfs,
AICP
Growth Manap
Administrator
Kara Irwin, AI P
Approved By:
City Manager
Ronald paf. Fep
Originating Dept.:
Growth
Management:
Proj ec t
Manager
Todd Miller, AICP
[XI Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date: n/a
Paper: Palm Beach
Post
[I Required
[XI Not Required
mted Parties:
[I Notified
[XI Not Required
Finance:
Finance
Administrator:
r3)A Allan Owens
Building Accountant:
K. Labossiere
Fees Paid: [ 3
Date:
By&
Budget Acct.#:
N/A
CC Action:
[ J Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ 3 Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
1. Conditional Use
Criteria Analysis
2. Section 1013.33
(F.S.)
3. Notification letter to
Angela Usher, dated
3/29/06
4. Site Plan
5. Landscape Plan
6. Elevations
7. Color Elevations &
8. Memo from Donna
Ordinance 12,2007
Resolution 28. 2007
Site Plan
Giuliana
Date Prepared: January io, 2007
Meeting Date: March 15,2007
Ordinance 12,2007
Resolution 28,2007
EXECUTIVE SUMMARY
The existing site is a 39.74 acre parcel (to be referred to as the Palm Beach Gardens High School) located at the
southeast corner of Lilac Street and Military Trail. The subject petition is for rezoning of the parcel from Public
or Institutional to a Planned Unit Development overlay with underlying Public or Institutional and a Major
Conditional Use approval to allow for the complete demolition of the existing high school campus, and the
construction of a new high school campus. The Planning, Zoning, and Appeals Board reviewed the petition on
January 9, 2007, and unanimously recommended approval to the City Council. Staff recommends approval of
Ordinance 12,2007 and Resolution 28,2007.
BACKGROUND
In 1965 the MacArthur Foundation deeded the subject property to the Board of Public Instruction of Palm Beach
County, which constructed the existing high school in 1968. Currently, the School District of Palm Beach
County (the “District”) is proposing to demolish the existing high school and construct eight (8) new buildings
totaling 385,865 square feet, which will serve as the new Palm Beach Gardens High School. The property is
39.74 acres in size, and is located on the east side of Military Trail, between Lilac Street and Holly Drive.
On a daily basis, the City assists the District and the high school with many routine items throughout the course
of the school year. This assistance includes, but is not limited to, permitting the high school athletic teams use
of City park and recreation facilities (including the Recreation Center), the provision of Police services that
include traffic control, truancy enforcement, the usage of Police vehicles for special events, the installation of
parking signage, and parking enforcement. The City’s Engineering and Public Works Departments have
installed additional infrastructure within the subject site, maintain traffic control devices, and pay for the
electricity used to power school flashers, and adjacent street lights. These Departments were integral in
redesigning and reconstructing Holly Drive to facilitate better traffic circulation. In addition, the City has
waived all application fees, has posted the site, and has paid for the advertising of the public hearings, and
notification mailers. Please see Attachment 8 for additional details.
LAND USE AND ZONING
The subject site has a Public (P) future land-use designation and a zoning classification of Public or Institutional
(PI).
2005 FLORIDA STATUTES
In accordance with Section 101 3.33, Florida Statutes (F.S.), entitled coordination of planning (Educational
facilities) with local governing bodies (attached), the District is required to request a determination from the
City that a site plan for a proposed educational facility is consistent with the City’s Comprehensive Plan. The
City shall determine, in writing, within 45 days after receiving the necessary information and the District’s
request for a determination, whether the proposed educational facility is consistent with the local comprehensive
plan and local land development regulations. If the determination is affirmative, school construction may
commence and further City approvals are not required. Failure of the City to make a determination in writing,
within 90 days after the request for a determination of consistency, shall be considered an approval of the
application.
However, the City has worked with the District in the past to establish a method for reviewing new or
redevelopment applications for schools within the City. In particular, the City has provided notice to the District
that the review of this project and future school projects within the City will be handled in the manner which
2
Date Prepared: January io, 2007
Meeting Date: March 15,2007
Ordinance 12,2007
Resolution 28,2007
was agreed to in 2003 when the Howell Watkins Middle School request was processed. Furthermore, the
notification letter indicated that the City review the application pursuant to the School Concurrency Interlocal
Agreement (“Interlocal Agreement”) between the School Board, the County, and municipalities (including Palm
Beach Gardens). (See attached letter)
Further, the City may not deny the site application based on adequacy of the site plan as it relates solely to the
needs of the school. If the site is consistent with the City’s land use policies and categories in which public
schools are identified as allowable uses, the City may not deny the application, but may impose reasonable
development standards and conditions. The City may only consider the site plan and its adequacy as it relates to
environmental concerns, health, safety, welfare and effects on adjacent property. Standards and conditions may
not be imposed which conflict with those established in Section 1013, F.S., or the Florida Building Code, unless
mutually agreed upon and consistent with the interlocal agreement required by Section 1013.33, F.S.
CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN
Future Land Use Element
The following are policies set forth in the City’s Comprehensive Plan relating to school facilities with which the
proposed site plan for the Palm Beach Gardens Highs School (PBGHS) is consistent:
Policy 1.1.1.7.: The City shall ensure the availability for suitable land for public and institutional uses necessary
to support development by:
*****
2. Allowing public/institutional uses in certain land-use categories subject to limitations and locational
criteria as identified in this Plan. Such locational criteria shall include the following standards:
*****
(c) Public/Institutional Uses shall be limited in intensity to maximum lot coverage of 40% of the
site and a maximum building height of 50 feet.
Staff Comments: The proposed PBGHS has maximum lot coverage of 12.3% and a maximum building
height of 45’ - 6”, as measured pursuant to the City’s LDRs. Please note a waiver from the required
maximum building height of 45’ has been included within this petition.
(d) Schools shall be considered as compatible and allowable in areas designated with any
residential land-use category (RR20, RR10, RVL, RL, RM, RH). Further, schools shall be
considered public/institutional uses and be allowable within areas designated Industrial (IND)
and Public (P) on the Future Land Use Map.
Staff Comments: The subject site has a Public (P) future land-use designation.
(e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be set back from
adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks
shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a
minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of
the proposed public/institutional use. Stadiums, outdoor recreational facilities and similar
support facilities shall be located and buffered on the proposed site to minimize impacts on
adjacent properties.
Staff Comments: The proposed site plan incorporates a 30’ front setback adjacent to Military Trail, a
Date Prepared: January io, 2007
Meeting Date: March 15, 2007
Ordinance 12,2007
Resolution 28,2007
47’ side setback adjacent to the residences on Lilac Street, a 52’ rear setback on the east side of the
property, and a 130’ side setback along Holly Drive. The applicant has met the plan requirements by
designing a landscape buffer along the northern property line which varies in size between 5’ and lo’, a
15’ landscape buffer along the east property line, a 25’ landscape buffer along the southern property
line, and a 25’ landscape buffer along the western property line.
In addition to the above referenced buffering and setbacks, City staff is concerned about the offsite
impacts to the residential neighborhood to the north along Lilac Street (Garden Villas Apartment
complex). In order to mitigate any adverse offsite impacts of the school, and to limit access between the
residential neighborhood and the school, City staff has recommended the School District provide a wall
between the school property and the apartment complexes along Lilac Street. However, the School
District has only agreed to install a six foot high chain link fence abutting the properties, as part of their
property perimeter fence due to concerns regarding vandalism. Therefore, staff is recommending the
applicant provide plantings along the fence to visually buffer the school parking lot from the apartments,
and deter trespass between the properties.
Also of concern to the City has been the location of the stadium. During the initial reviews of the site
plan, City staff raised concerns regarding the proximity of the stadium to Military Trail, and
recommended the District relocate the stadium bleachers away from the roadway. It has been staffs
opinion that placing the bleachers near major roadways enhances the opportunity for students to throw
projectiles at passing cars and pedestrians. The spectators sitting on the bleachers are also at risk for
similar occurrences that could include drive-by crimes as a result of gang violence/activity. However,
the District has continued to pursue their original proposal to locate the stadium adjacent to Military
Trail.
Public School Facilities Element
The following are policies set forth in the City’s Comprehensive Plan relating to the siting and development
review process for public school facilities:
Objective 1 1.1.4.: To establish a process of coordination and collaboration between the County, local
governments, and the School District in the planning and siting of public school facilities in coordination with
planned infrastructure and public facilities.
Policy 11.1.4.1: The City of Palm Beach Gardens shall coordinate and provide for expedited review of
development proposals with the School District during the development review process to ensure integration of
public school facilities with surrounding land uses and the compatibility of uses with schools.
Staff Comments: Staff has made every attempt to expeditiously review the District’s development proposal in
accordance with the City’s LDRs to ensure the integration of the School facility with surrounding land uses.
Policy 1 1.1.4.2: There shall be no significant environmental conditions and significant historical resources on a
proposed site that cannot be mitigated or otherwise preclude development of the site for a public educational
facility.
Staff Comments: Staff has determined that the proposed site plan poses no threat to the environmental resources
on site. There exist no historical resources on site.
Policy 11.1.4.3: The proposed site shall be suitable or adaptable for development in accordance with applicable
water management standards, and shall not be in conflict with the adopted or officially accepted plans of the
South Florida Water Management District, or any applicable Stormwater Utility or Drainage District.
4
Date Prepared: January io, 2007
Meeting Date: March 15,2007
Ordinance 12,2007
Resolution 28,2007
Staff Comments: The District has indicated that all necessary development permits have already been acquired.
CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS
Section 78-1 59 of the City’s LDRs, entitled Permitted uses, conditional, and prohibited uses, requires “Schools,
Public and Private,” to be granted conditional use approval by the City Council. Demonstration of the project’s
compliance with the City’s conditional use criteria established in Section 78-52 is attached hereto.
PROJECT DETAILS
Overview
The District is proposing a 385,865 square-foot high school on the existing 39.74 acre Palm Beach Gardens
High School site. The school consists of a 93,022 square-foot gymnasium, auditorium and cafeteria building, a
773 14 square-foot administration and classrooms building, three additional classroom buildings totaling 26,337
square-feet, 55,730 square-feet and 121,956 square-feet respectively, a 6,642 square-foot Central Plant building,
a 4,420 square-foot Concession building, and a 444 square-foot building underneath the “Home Bleachers”. In
addition, the site plan incorporates sports fields for baseball, football, tennis, and two retention ponds totaling
approximately 2.4 acres.
Traffic Concurrency
The new school design will not increase capacity at the school. Specifically, the existing school was designed
for a capacity of 2,510 students. However, the new school is being designed for a capacity of 2,500 students.
As a result, a concurrency approval is not required.
Access and Traffic Circulation
There is no vehicular access directly from Military Trail. Drop off areas for buses and parents are provided off
of Holly Drive. All parking for students, visitors and faculty is provided off of Lilac Street. This represents a
change from the existing site conditions which direct all faculty traffic to ingress and egress from Holly Drive.
City staff has repeatedly commented to the District that increasing the amount of student parking (an
approximate increase of 100 spaces), and directing all on-site parking traffic to Lilac Street will create traffic
issues at the intersection of Lilac Street and Military Trail. As a result, staff is recommending a condition of
approval that the District fund, design, and construct a signalization improvement at Lilac Street and Military
Trail, including all necessary right-of-way improvements, within 12 months of notification by the City.
In addition to the subject petition, the applicant is required to obtain a right-of-way permit for constructing a
driveway connection from Lilac Street to the student parking area, and to obtain approval for easements for the
west and east entrances from Lilac. In order to expedite the permitting and approval process, staff has included
conditions of approval granting the right-of-way permit and granting the petitioner the authority to construct
improvements within the easement.
Landscaping
The District has worked with the City Forester in order to develop a landscape plan that addresses the City’s
major concerns and maintains the safety standards and budgetary constraints of the District. Common species
proposed on the landscape plan include Live Oak, Cabbage Palm, Royal Palm, etc.
The Police Department is requesting the District to provide plantings (such as Bougainvillea vines) along the
5
Date Prepared: January io, 2007
Meeting Date: March 15,2007
Ordinance 12,2007
Resolution 28,2007
fence which will surround the apartments along Lilac Street. The Police Department is concerned that the
proposed fence will not provide a sufficient barrier andor deterrent to potential trespassers between the
apartments and the school. Staff notes the Police Department apprehended 133 truants through their Truancy
Interdiction Program (TIP) last school year.
Code Section Required
The District will be providing lighting around each building, the pedestrian areas, the parking lots and
driveways, and the athletic fields. The District has provided a photometrics plan which indicates the lighting
will meet Palm Beach County lighting requirements, which are compatible with the City’s lighting regulations.
Provided Recommendation
Architecture
Section 78-144 entitled “Civic and
institutional zoning district
regulations”
The District is proposing what it describes as a Post-Modern style of architecture. Architectural features include
stucco scoring, articulation through the use of color, integrated rain gutters, simple columns, and a flat roof for
both the buildings and the walkways.
Maximum building Building height of Approval (1) height of 45 feet 45’ 6”
In early 2006, the District presented the proposed modernization project to the City Council. The City Council
requested the District revise the colors of the building, which have been modified to more muted tones. (See
attached color elevations.)
WAIVER REOUEST
1) Applicant’s Justification: The applicant has indicated that it does not apply for waivers. Nevertheless,
the applicant‘s proposal does not meet the minimum requirements of City LDRs, and therefore the plans
must either be revised or a waiver must be granted. In order to meet the legal requirements for code
compliance, City staff has included the waiver request within the application.
Staff is recommending the applicant obtain a waiver from City LDR Section 78-1 44, Table 1 1 , Property
Development Regulations - Conservation and Institutional Districts, to allow building height in a Public
or Institutional zoning district to exceed 45’ by 6”. The waiver permits the construction of an
educational facility within a Public or Institutional zoning district in excess of 45’ in height. The
additional height proposed is not significant to the overall design of the building. Furthermore, the
proposed height does not exceed the maximum 50’ limitation established within the City’s
Comprehensive Plan. Therefore, staff recommends approval of the waiver.
DEVELOPMENT REVIEW COMMITTEE
The City’s Development Review Committee performed a review of the project and provided comments and
conditions of approval.
6
Date Prepared: January io, 2007
Meeting Date: March 15,2007
Ordinance 12,2007
Resolution 28,2007
PUBLIC NOTICE
In accordance with Section 78-54 of the City’s Land Development Regulations, entitled Public Notice, the City
sent notice of the Planning, Zoning, and Appeals Board meeting to all property owners within 500 feet of the
site. City staff also posted a notice on the subject property. In addition, City staff will send public notices to all
property owners within 750’ of the subject property, and ensure the property remains posted for the upcoming
second reading.
PLANNING, ZONING AND APPEALS BOARD (PZAB)
On January 9“’ the PZAB held a meeting during which it reviewed the subject petition and unanimously
recommended its approval to the City Council.
After the PZAB meeting, the City held a community outreach picnic at the Plant Drive park adjacent to the high
school on January 21, 2007. Staff notified all property owner’s within 750’ of the school, and requested
representatives from the District attend and answer questions regarding the modernization project.
STAFF RECOMMENDATION
In accordance with the aforementioned Florida Statutes, staff has reviewed the proposed site plan and
considered its adequacy as it relates to environmental concerns, health, safety, welfare and effects on adjacent
property. Staff has determined that the proposed site plan does not raise any environmental concerns, and with
conditions of approval, ensures the health, safety and welfare of the students, faculty and the surrounding
residents and visitors. The site plan, at the City’s continued urging, minimizes negative effects on adjacent
properties; and it is consistent with the City’s Comprehensive Plan, as stated herein. Therefore, staff
recommends APPROVAL of Ordinance 12, 2007 and Resolution 28, 2007, including the one waiver, subject to
the conditions of approval listed therein.
7
PROVrDED BY STAFF CONDITIONAL, USE ANALYSIS ATTACHMENT ! City of Palm Beach Gardens LDR Section 78-52
(I) Comprehensive plan. The proposed use is consistent with the
comprehensive plan.
StaffAnalysis: As demonstrated in the staff report for this petition, staff has determined
that the proposed school is consistent with the City’s Comprehensive Plan.
(2) Chapter requirements. The proposed use is consistent with all
applicable requirements of this chapter.
StaffAnalusis: Section 78-159 of the City’s LDR’s, entitled Permitted uses, conditional,
and prohibited uses, requires “Schools, Public and Private,” located within a Public or
Institutional (PI) zoning district to acquire Major Conditional Use approval from the
City Council. The subject property has an underlying zoning of PI; therefore, staff has
requested the application be processed as a Major Conditional Use, and a Planned Unit
Development to address a nonconformance with building height.
The proposed development plans are generally consistent with the requirements of the
City’s Land Development Regulations.
(3) Standards. The proposed use is consistent with the standards for
such use as provided in Section 78-159.
StaffAnalysis: The proposed use is consistent with the additional standards provided in
Section 78-159(j).
(4) Public welfare.
safety, and welfare by:
The proposed use provides for the public health,
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 front of
the site;
d. Providing for safe and efficient onsite traffic circulation, parking,
and overall control; and
e. Providing adequate access for public safety purposes, including
fire and police protection.
Staff Analysis: Staff has determined that the proposed use provides for the aforesaid
standards and, therefore, provides for the public health, safety, and welfare.
(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 impact as:
a.
b.
C.
d.
e.
f.
g*
h.
1.
j.
Noise;
Glare;
Odor;
Ground-, wall-, or roof-mounted mechanical equipment;
Perimeter, interior, and security lighting;
Signs;
Waste disposal and recycling;
Outdoor storage of merchandise and vehicles;
Visual impact; and
Hours of operation.
Staff Analusis: As provided in the staff report, City staff has continually urged the District
to make every attempt to minimize the negative impacts of the project on the adjacent
properties, including the issues listed above.
(6) Utilities. The proposed use minimizes or eliminates the impact of utility
installation, including underground and overhead utilities, on adjacent
properties.
Staff Analusis: As provided in the staff report, the District has made every attempt to
minimize the negative impacts of the project on the adjacent properties. Staff has
requested the necessary easements be granted to the City to ensure access and
maintenance of City infrastructure.
(7) Dimensional standards. The proposed use meets or exceeds all
dimensional requirements required by the chapter.
StaffAnalusis: The proposed site plan is generally consistent with the requirements of this
chapter.
(8) Neighborhood plans. The proposed use is consistent with the goals,
objectives, policies, and standards of neighborhood plans.
2
N/A
(9) Compatibility. The overall compatibility of the proposed development
with adjacent and area uses, and character of area development.
StaffAnalusis: The site has functioned as a school since 1968. Furthermore, the proposed
design of the school site, in staffs opinion, is compatible with the surrounding areas.
(10) Patterns of development. The proposed use will result in logical, timely,
and orderly development patterns.
Sta&fAnalysis: As mentioned above, the site has operated as a high school since 1968.
(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.
StaffAnalusis: Staff has reviewed the proposed use and found it to be in harmony with the
intent of the City’s LDRs and the Goals, Objectives, and Policies of the Comprehensive
Plan.
(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.
Stafjf Analysis: As provided in the staff report, the District has made every attempt to
minimize the negative impacts of the project on the adjacent properties.
(13) Environmental impact. The design of the proposed use minimizes any
adverse impacts that may be created, including impacts on
environmental and natural resources including air, water, storm water
management, wildlife, vegetation, and wetlands.
Stgff Analusis: Staff has reviewed the proposed development plan and determined that
there will be no adverse impacts on environmental and natural resources.
Statutes & Constitution :View Statutes :->2006->Ch 10 13->'
ATTACHMENT 2
Select Year: 2006
The 2006 Florida Statutes
Title XLVIII Chapter 101 3 View Entire Chapter
EDUCATIONAL FACI LIT1 ES K-20 EDUCATION CODE
101 3.33 Coordination of planning with local governing bodies.--
(1) It is the policy of this state to require the coordination of planning between boards and local
governing bodies to ensure that plans for the construction and opening of public educational facilities
are facilitated and coordinated in time and place with plans for residential development, concurrently
with other necessary services. Such planning shall include the integration of the educational facilities
plan and applicable policies and procedures of a board with the local comprehensive plan and land
development regulations of local governments. The planning must include the consideration of allowing
students to attend the school located nearest their homes when a new housing development is
constructed near a county boundary and it is more feasible to transport the students a short distance to
an existing facility in an adjacent county than to construct a new facility or transport students longer
distances in their county of residence. The planning must also consider the effects of the location of
public education facilities, including the feasibility of keeping central city facilities viable, in order to
encourage central city redevelopment and the efficient use of infrastructure and to discourage
uncontrolled urban sprawl. In addition, all parties to the planning process must consult with state and
local road departments to assist in implementing the Safe Paths to Schools program administered by the
Department of Transportation.
(2)(a) The school board, county, and nonexempt municipalities located within the geographic area of a
school district shall enter into an interlocal agreement that jointly establishes the specific ways in which
the plans and processes of the district school board and the local governments are to be coordinated.
The interlocal agreements shall be submitted to the state land planning agency and the Office of
Educational Facilities and the SMART Schools Clearinghouse in accordance with a schedule published by
the state land planning agency.
(b) The schedule must establish staggered due dates for submission of interlocal agreements that are
executed by both the local government and district school board, commencing on March 1 , 2003, and
concluding by December 1 , 2004, and must set the same date for all governmental entities within a
school district. However, if the county where the school district is located contains more than 20
municipalities, the state land planning agency may establish staggered due dates for the submission of
interlocal agreements by these municipalities. The schedule must begin with those areas where both the
number of districtwide capital-outlay full-time-equivalent students equals 80 percent or more of the
current year's school capacity and the projected 5-year student growth rate is 1,000 or greater, or
where the projected 5-year student growth rate is 10 percent or greater.
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(c) If the student population has declined over the 5-year period preceding the due date for submittal
of an interlocal agreement by the local government and the district school board, the local government
and district school board may petition the state land planning agency for a waiver of one or more of the
requirements of subsection (3). The waiver must be granted if the procedures called for in subsection
(3) are unnecessary because of the school district's declining school age population, considering the
district's 5-year work program prepared pursuant to s. 1013.35. The state land planning agency may
modify or revoke the waiver upon a finding that the conditions upon which the waiver was granted no
longer exist. The district school board and local governments must submit an interlocal agreement
within 1 year after notification by the state land planning agency that the conditions for a waiver no
longer exist.
(d) lnterlocal agreements between local governments and district school boards adopted pursuant to s.
163.3177 before the effective date of subsections (2)-(9) must be updated and executed pursuant to the
requirements of subsections (2)-(9), if necessary. Amendments to interlocal agreements adopted
pursuant to subsections (2)-(9) must be submitted to the state land planning agency within 30 days after
execution by the parties for review consistent with subsections (3) and (4). Local governments and the
district school board in each school district are encouraged to adopt a single interlocal agreement in
which all join as parties. The state land planning agency shall assemble and make available model
interlocal agreements meeting the requirements of subsections (2)-(9) and shall notify local
governments and, jointly with the Department of Education, the district school boards of the
requirements of subsections (2)-(9), the dates for compliance, and the sanctions for noncompliance. The
state land planning agency shall be available to informally review proposed interlocal agreements. If the
state land planning agency has not received a proposed interlocal agreement for informal review, the
state land planning agency shall, at least 60 days before the deadline for submission of the executed
agreement, renotify the local government and the district school board of the upcoming deadline and
the potential for sanctions.
(3) At a minimum, the interlocal agreement must address interlocal agreement requirements in s.
163.3180(13)(g), except for exempt local governments as provided in s. 163.3177(12), and must address
the following issues:
(a) A process by which each local government and the district school board agree and base their plans
on consistent projections of the amount, type, and distribution of population growth and student
enrollment. The geographic distribution of jurisdiction-wide growth forecasts is a major objective of the
process.
(b) A process to coordinate and share information relating to existing and planned public school
facilities, including school renovations and closures, and local government plans for development and
redevelopment.
(c) Participation by affected local governments with the district school board in the process of
evaluating potential school closures, significant renovations to existing schools, and new school site
selection before land acquisition. Local governments shall advise the district school board as to the
consistency of the proposed closure, renovation, or new site with the local comprehensive plan,
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including appropriate circumstances and criteria under which a district school board may request an
amendment to the comprehensive plan for school siting.
(d) A process for determining the need for and timing of onsite and offsite improvements to support
new construction, proposed expansion, or redevelopment of existing schools. The process shall address
identification of the party or parties responsible for the improvements.
(e) A process for the school board to inform the local government regarding the effect of
comprehensive plan amendments on school capacity. The capacity reporting must be consistent with
laws and rules regarding measurement of school facility capacity and must also identify how the district
school board will meet the public school demand based on the facilities work program adopted pursuant
to s. 1013.35.
(f) Participation of the local governments in the preparation of the annual update to the school board's
5-year district facilities work program and educational plant survey prepared pursuant to s. 1013.35.
(g) A process for determining where and how joint use of either school board or local government
facilities can be shared for mutual benefit and efficiency.
(h) A procedure for the resolution of disputes between the district school board and local governments,
which may include the dispute resolution processes contained in chapters 164 and 186.
(i) An oversight process, including an opportunity for public participation, for the implementation of
the interlocal agreement.
(4)(a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any comments
or concerns regarding the executed interlocal agreement to the state land planning agency within 30
days after receipt of the executed interlocal agreement. The state land planning agency shall review the
executed interlocal agreement to determine whether it is consistent with the requirements of
subsection (3), the adopted local government comprehensive plan, and other requirements of law.
Within 60 days after receipt of an executed interlocal agreement, the state land planning agency shall
publish a notice of intent in the Florida Administrative Weekly and shall post a copy of the notice on the
agency's Internet site. The notice of intent must state that the interlocal agreement is consistent or
inconsistent with the requirements of subsection (3) and this subsection as appropriate.
(b) The state land planning agency's notice is subject to challenge under chapter 120; however, an
affected person, as defined in s. 163.3184(1 )(a), has standing to initiate the administrative proceeding,
and this proceeding is the sole means available to challenge the consistency of an interlocal agreement
required by this section with the criteria contained in subsection (3) and this subsection. In order to
have standing, each person must have submitted oral or written comments, recommendations, or
objections to the local government or the school board before the adoption of the interlocal agreement
by the district school board and local government. The district school board and local governments are
parties to any such proceeding. In this proceeding, when the state land planning agency finds the
interlocal agreement to be consistent with the criteria in subsection (3) and this subsection, the
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interlocal agreement must be determined to be consistent with subsection (3) and this subsection if the
local government's and school board's determination of consistency is fairly debatable. When the state
land planning agency finds the interlocal agreement to be inconsistent with the requirements of
subsection (3) and this subsection, the local government's and school board's determination of
consistency shall be sustained unless it is shown by a preponderance of the evidence that the interlocal
agreement is inconsistent.
(c) If the state land planning agency enters a final order that finds that the interlocal agreement is
inconsistent with the requirements of subsection (3) or this subsection, the state land planning agency
shall forward it to the Administration Commission, which may impose sanctions against the local
government pursuant to s. 163.3184(11) and may impose sanctions against the district school board by
directing the Department of Education to withhold an equivalent amount of funds for school
construction available pursuant to ss. 1013.65. 101 3.68. 1013.70, and 1013.72.
(5) If an executed interlocal agreement is not timely submitted to the state land planning agency for
review, the state land planning agency shall, within 15 working days after the deadline for submittal,
issue to the local government and the district school board a notice to show cause why sanctions should
not be imposed for failure to submit an executed interlocal agreement by the deadline established by
the agency. The agency shall forward the notice and the responses to the Administration Commission,
which may enter a final order citing the failure to comply and imposing sanctions against the local
government and district school board by directing the appropriate agencies to withhold at least 5
percent of state funds pursuant to s. 163.3184(11) and by directing the Department of Education to
withhold from the district school board at least 5 percent of funds for school construction available
pursuant to ss. 1013.65, 1013.68, 1013.70, and 1013.72.
(6) Any local government transmitting a public school element to implement school concurrency
pursuant to the requirements of s. 163.3180 before the effective date of this section is not required to
amend the element or any interlocal agreement to conform with the provisions of subsections (2)-(8) if
the element is adopted prior to or within 1 year after the effective date of subsections (2)-(8) and
remains in effect.
(7) Except as provided in subsection (8), municipalities meeting the exemption criteria in s. 163.3177
(12) are exempt from the requirements of subsections (2), (3), and (4).
(8) At the time of the evaluation and appraisal report, each exempt municipality shall assess the extent
to which it continues to meet the criteria for exemption under s. 163.3177(12). If the municipality
continues to meet these criteria, the municipality shall continue to be exempt from the interlocal
agreement requirement. Each municipality exempt under s. 163.3177(12) must comply with the
provisions of subsections (2)-(8) within 1 year after the district school board proposes, in its 5-year
district facilities work program, a new school within the municipality's jurisdiction.
(9) A board and the local governing body must share and coordinate information related to existing and
planned school facilities; proposals for development, redevelopment, or additional development; and
infrastructure required to support the school facilities, concurrent with proposed development. A school
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~~ ~ Statutes & Constitution :View Statutes :->2006->Ch1013->Section 33 : Online Sunshine Page 5 of 6
board shall use information produced by the demographic, revenue, and education estimating
conferences pursuant to s. 21 6.136 when preparing the district educational facilities plan pursuant to s.
1013.35, as modified and agreed to by the local governments, when provided by interlocal agreement,
and the Office of Educational Facilities and SMART Schools Clearinghouse, in consideration of local
governments' population projections, to ensure that the district educational facilities plan not only
reflects enrollment projections but also considers applicable municipal and county growth and
development projections. The projections must be apportioned geographically with assistance from the
local governments using local government trend data and the school district student enrollment data. A
school board is precluded from siting a new school in a jurisdiction where the school board has failed to
provide the annual educational facilities plan for the prior year required pursuant to s. 1013.35 unless
the failure is corrected.
(10) The location of educational facilities shall be consistent with the comprehensive plan of the
appropriate local governing body developed under part II of chapter 163 and consistent with the plan's
implementing land development regulations.
(1 1) To improve coordination relative to potential educational facility sites, a board shall provide
written notice to the local government that has regulatory authority over the use of the land consistent
with an interlocal agreement entered pursuant to subsections (2)-(8) at least 60 days prior to acquiring
or leasing property that may be used for a new public educational facility. The local government, upon
receipt of this notice, shall notify the board within 45 days if the site proposed for acquisition or lease is
consistent with the land use categories and policies of the local government's comprehensive plan. This
preliminary notice does not constitute the local government's determination of consistency pursuant to
subsection (12).
(12) As early in the design phase as feasible and consistent with an interlocal agreement entered
pursuant to subsections (2)-(8), but no later than 90 days before commencing construction, the district
school board shall in writing request a determination of consistency with the local government's
comprehensive plan. The local governing body that regulates the use of land shall determine, in writing
within 45 days after receiving the necessary information and a school board's request for a
determination, whether a proposed educational facility is consistent with the local comprehensive plan
and consistent with local land development regulations. If the determination is affirmative, school
construction may commence and further local government approvals are not required, except as
provided in this section. Failure of the local governing body to make a determination in writing within 90
days after a district school board's request for a determination of consistency shall be considered an
approval of the district school board's application. Campus master plans and development agreements
must comply with the provisions of ss. 1013.30 and 1013.63.
(13) A local governing body may not deny the site applicant based on adequacy of the site plan as it
relates solely to the needs of the school. If the site is consistent with the comprehensive plan's land use
policies and categories in which public schools are identified as allowable uses, the local government
may not deny the application but it may impose reasonable development standards and conditions in
accordance with s. 1013.51 (1) and consider the site plan and its adequacy as it relates to environmental
concerns, health, safety and welfare, and effects on adjacent property. Standards and conditions may
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not be imposed which conflict with those established in this chapter or the Florida Building Code, unless
mutually agreed and consistent with the interlocal agreement required by subsections (2)-(8).
(14) This section does not prohibit a local governing body and district school board from agreeing and
establishing an alternative process for reviewing a proposed educational facility and site plan, and
offsite impacts, pursuant to an interlocal agreement adopted in accordance with subsections (2)-(8).
(1 5) Existing schools shall be considered consistent with the applicable local government comprehensive
plan adopted under part II of chapter 163. If a board submits an application to expand an existing school
site, the \oca\ governing body may impose reasonable development standards and conditions on the
expansion only, and in a manner consistent with s. 1013.51(1). Standards and conditions may not be
imposed which conflict with those established in this chapter or the Florida Building Code, unless
mutually agreed. Local government review or approval is not required for:
(a) The placement of temporary or portable classroom facilities; or
(b) Proposed renovation or construction on existing school sites, with the exception of construction that
changes the primary use of a facility, includes stadiums, or results in a greater than 5 percent increase
in student capacity, or as mutually agreed upon, pursuant to an interlocal agreement adopted in
accordance with subsections (2)-(8).
History.--s. 23, ch. 2002-296; s. 828, ch. 2002-387; s. 129, ch. 2003-1; s. 18, ch. 2005-290.
Copyright 0 1995-2006 The Florida Legislature Privacv Statement Contact Us
Statutes & Constitution :View Statutes :->2006->Cli1013->Section 33 : Online Sunshine Page 6 of 6
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ATTACHMENT 3 I
I 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
April 3, 2006
VIA FACSIMILE - 561-434-8187
Ms. Angela Usher, AlCP
Intergovernmental Relations Manager
School District of Palm Beach County
3300 Forest Hill Blvd.
West Palm Beach, FL 33406-5813
Dear Ms. Usher:
The City of Palm Beach Gardens Growth Management Department has forwarded to me your letter of
March 10, 2006, to Ms. Joyce Cai responding to the City’s comments regarding the proposed site plan
for Palm Beach Gardens High School. As you know, Mr. Michael Sanchez and Ms. Keehren Richards
are now the planners responsible for the conditional use and site plan review.
It is our sincere hope that the review of this project and future school projects within the City will be
handled in the manner we both agreed to in 2003 when the Howell Watkins Middle School request was
processed. The City is currently reviewing the site plan application that was submitted on March IO,
2006, pursuant to the School Concurrency lnterlocal Agreement (“Interlocal Agreement”) between the
School Board, the County, and municipalities (including Palm Beach Gardens). The School Siting
provisions of the lnterlocal Agreement, beginning at page 49 (ORB 12272, Pg. 1028), provide that as
early as possible and no later than 90 days prior to the proposed construction commencement date of
the modernization of an existing public educational facility, the School District shall submit an
application for site plan approval and a request for determination that the proposed site is consistent
with the city comprehensive plan and land development regulations. Among other application
requirements, the site plan application must meet the requirements of the city land development
regulations, include a traffic concurrency letter from the County Engineer, and contain “any other
information required for site plan review under the Local Government’s land development regulations.”
If the site is consistent with the comprehensive plan, the city may not deny site development “but may
impose reasonable development standards and conditions through the site plan approval process.”
The lnterlocal Agreement further provides criteria for evaluation of the site plan, including:
The city may consider the site plan and its adequacy as it relates to environmental concerns,
health, safety and welfare, and effects on adjacent property.
Standards and conditions may not be imposed which conflict with those established in
Chapter 235, Florida Statutes, or the State Uniform Building Code, unless mutually agreed by
the District and the city.
OFFICE OF THE CITY ATTORNEY
PHONE: 561-799-4138 FAX: 561-799-4139
E-MAIL: CTATUM@,PBGFL.COM
Ms. Angela Usher
April 3, 2006
Page 2 of 4
I
The District and the city have mutually agreed that:
o The site plan shall provide sufficient space to meet on-site parking and on-site traffic
circulation requirements to satisfy current and projected site-generated vehicular demand,
o There shall be adequate setbacks, buffering and design controls to eliminate or decrease
any negative externalities, such as noise, from affecting neighboring development in
accordance with State Requirements for Educational Facilities (“SREF”) standards, at a
minimum, Outdoor recreational facilities, including stadiums and similar support facilities,
shall be located and buffered on the proposed site to minimize impacts on the adjacent
properties.
o For high schools, the proposed location shall have direct access to at least a major
collector road, or as otherwise approved by the city after determination of acceptable
traffic impacts.
The City is expediting the review of this application, consistent with the lnterlocal Agreement and the
City’s land development regulations. The site plan has been scheduled for review by the Development
Review Committee on April 17, 2006. We hope that with expedited responses and cooperation from
the District that the site plan may be reviewed by the City Council at its June 15, 2006, meeting after
site plan review by the Planning, Zoning, and Appeals Board on May 9, 2006. This same process was
followed for the review of the Howell L. Watkins Middle School with agreement by the District. Pursuant
to that agreement, no construction work was allowed to proceed until the development order was
approved by the City Council. The City intends to follow this same procedure for the high school.
It appears that several City departments have met with the District representatives individually, To
assist the expedited process, we request that in the future you coordinate your discussions through Mr.
Michael Sanchez. In the meanwhile, we want to advise you of a number of outstanding issues that
remain to be resolved. They include the following:
1. The initial issue which must be resolved concerns the consistency of the proposal with the
City’s Comprehensive Plan. As currently presented to the staff, it appears that the proposed
buildings are inconsistent with the 50-foot height restrictions in the Land Use Element for
property with a land-use designation of Public/lnstitutional. Additionally, there are numerous
standards set forth in Policy 1.1.1.7 of the Future Land Use Element and Objective 11.1.4 of
the Public Schools Facilities Element which must be clarified before the Growth Management
staff can make a determination of consistency as required by State law.
OFFICE OF THE CITY ATTORNEY
PHONE: 561-799-4138 FAX: 561-799-4139
E-MAIL: CTATUM@PBGFL.COM
Ms. Angela Usher
April 3, 2006
Page 3 of 4
2.
3.
4.
5.
6.
7.
8.
Assuming that the Comprehensive Plan consistency issues can be resolved, the application
will be processed as a conditional use application, pursuant to the City’s land development
regulations, as schools are a conditional use in the P/I zoning district. The zoning district
limits height to 45 feet, while the plan proposes a building with a 59 %-foot height. The
inconsistency of the proposed plan with the land development regulations must be addressed
according to the City’s regulations, either by a change to the plan, a variance, or a waiver and
rezoning to a PUD. Please advise us of the alternative you will pursue. The District’s March
IOth response to these issues is not helpful. In addition, the proposed 59 %-foot height
appears to negatively affect adjacent properties.
We have confirmed that the two proposed ingress and egress accesses to Lilac Street (Parcel
1 and Parcel 2) are owned by the School Board, but the City maintains an easement for
access purposes and must grant permission for any use contrary to its easement. The issue
of whether the District’s access through Parcel 2 is necessary, or safe and appropriate
considering the neighboring residential properties, remains unresolved.
The City will continue to work with the District in regard to the Lilac Street/Military Trail
intersection. We would like to bring to your attention that there is an existing SUA well at the
southeast corner of the intersection, in case that presents any issues regarding access
improvements.
The lnterlocal Agreement provides that the site plan must provide sufficient on-site parking.
The SREF standards and the ADA parking requirements are a start, but the City’s land
development regulations must also be considered and complied with. In order for the City to
determine the sufficiency of parking, the District must, as requested previously, provide the
information required regarding the number of classrooms, offices, and the student population.
The proposed design of the school building contains large expanses of blank walls with no
articulation or attractive design features. It appears to have a negative impact on the adjacent
properties.
The City owns a parcel of land consisting of 0.27 acres at the northeast corner of the site.
Please see attached Exhibit A. Authorization for the District to use this parcel can be
considered as part of the conditional usekite plan approval process.
The Principal of the high school has been offered the use of PGA Park for the school’s football
program. An interlocal agreement for the use of the park will be necessary to confirm the
terms and conditions of the use. The use of Klock Park will not be possible due to existing
programs on the field at that park.
OFFICE OF THE CITY ATTORNEY
PHONE: 561-799-4138 FAX: 561-799-4139
E-MAIL: CTATUM@PBGFL.COM
Ms. Angela Usher
April 3, 2006
Page 4 of 4
9. The School District currently owes the City $54,344.50 for expenses related to the
modernization of Howell Watkins Middle School. Per an interlocal agreement, the District was
required to pay the City for design and construction costs incurred by the City associated with
off-site improvements necessary to accommodate safe and efficient flow of traffic to and from
the School.
As a final point, I think that it is essential that we resolve the financial aspects of the development
review process. The $3000.00 application fee for the High School project has been waived. As you
are aware, the City has in the past absorbed the substantial costs related to the necessary advertising,
mailed notices, and posting of the property, as well as the costs incurred by the City for review of the
project by third-party consultants. For this project, it will be necessary for the School District to provide
the necessary advertising and notices at their cost. Additionally, it will be necessary for the District to
submit an escrow payment of $5,000.00 to cover the potential out-of-pocket costs of outside expert
review as provided in Section 78-55 of the Code of Ordinances. Any unused portion of the escrow fund
will be returned when the development review process is completed.
We look forward to your continued cooperation on this project.
Sincerely,
Christine P. Tatum
City Attorney
Attachment
c: Mayor and City Council
Ronald Ferris, City Manager
Daniel P. Clark, P.E., Interim Growth Management Administrator
Michael Sanchez, Planning Manager
Keehren Richards, Planner
Blair Littlejohn, Assistant General Counsel (via facsimile - 357-7647)
G:\attomey-share\CORRESPONDENCE\Angela Usher 3 29 06 re t-ligh School clean (2)-chris.doc
OFFICE OF THE CITY ATTORNEY
PHONE: 561-799-4138 FAX: 561-799-4139
E-MAIL: CTATUM@PBGFL.COM
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CITY OF PALM BEACH GARDENS
Public Relations
MEMORANDUM ATTACHMENT 8
TO: Ron Ferris
DATE: March 2,2007
FROM:
THROUGH:
SUBJECT
Donna Giuliana, Director of Public Relations
Stacy Rundle, Assistant to the City Manager
City’s Assistance to Palm Beach Gardens (PBG) High School
As per earlier discussions, and in anticipation of the City Council’s consideration of
Ordinance 12, 2007, Palm Beach Gardens High School modernization project, please
see the following breakdown by department of the City of Palm Beach Gardens’
ongoing assistance to Palm Beach Gardens High School. The City has a long history of
partnering with the high school and providing support for its activities and programs.
Engineering:
& Holly Drive redesigned and reconstructed to allow better traffic circulation
around the Palm Beach Gardens High School. Improvements were made to the
roadway to facilitate student drop off and pickup addressing parent, resident
and public safety concerns. 4 In 2000 the City recognized the risks associated with an open ditch next to the
High School and paid to have the drainage studied and a pipeline designed to
replace the open ditch.
& Engineering has worked with the School District and Police to address traffic
routing issues.
& Engineering has worked with the School District to address significant site
drainage and permitting issues. 4 The City has paid for all Site Plan approval consultant costs for the proposed
modernization amounting to approximately $8,500.
Public Works
J Installation of storm water pipe system on eastern school property line to close
& Cleaned and rehabilitated the northern end of this drainage system providing
4 Realignment of Holly Drive and installation of medians to aid adjacent school
the open cut ditch. Ditch filled in. Cost = $106,800
additional benefit to the School District.
traffic.
4 Ongoing irrigation and grounds maintenance of medians adjacent to school
4 Ongoing street sweeping in curbed areas and litter activities.
property (Military Trail and Holly Drive).
J Installation and maintenance of traffic control devices.
4 Payment of electric to power school flashers.
4 Payment of electric for adjacent street lights.
4 Coordination and maintenance of traffic for special events (Homecoming
parades, sports parades, pep rallies, etc.)
Growth Management
4 The Growth Management Department has worked closely with the School
District to facilitate the processing of the modernization application.
Specifically, the Department has provided the following assistance:
o Waived the petition fees ($3,000 for a Major Conditional Use, and
$3,000 for a Planned Unit Development).
o Sent the required notification mailers to the surrounding property
owners within 500 feet of the school. (Approximately 250 owners at
$.39 each = $97.50)
o Worked with the Public Works Department to post the notification sign
on site.
Community Services
The contractor is required to build the new facilities on the same property, while
keeping the existing facilities operating at the same time. Therefore, minimal space is
available on the school property.
City Council requested that the City assist the School District as needed with this PBGHS
Modernization Project. Their contractor has requested to lease 3.17 acres of city-
owned land located on the north side of Lilac Street adjacent to the school for the
purpose of staging equipment and trailers as well as contractor parking. If approved,
this agreement will be in effect for a term of 42 months or 60 days following
substantial completion of the PBGHS Modernization Project, whichever occurs first. The
contractor will be required to fence the entire lease area in order to provide security as
well as maintain the site during the term of the agreement. After the license agreement
is approved, the City will lose the use of this parcel for this period of time.
Some of the benefits to the high school because of this agreement include:
4 decreasing visibility of material from Military Trail;
4 potentially reducing the overall construction timetable;
4 reducing the amount of congestion within the high school construction site;
& reducing the amount of traffic on Holly Dr. and Plant Dr., which, in turn,
4 improving control and coordination of the project’s impact on the surrounding
4 decreasing the School District’s expenses for the project, since the City will not
improves safety and minimizes traffic support;
city neighborhoods; and
be charging the Contractor rent.
TOTAL VALUE
Value $748
Value $427
Value $320
Value $320
Value $250
Value $2,000
Value $160
Value $250
$4,155
Recreation
For specific breakdown of sports venue assistance and associated cost savings to the
high school, please see attached Excel spreadsheet.
In addition:
4 Staff attends and participates in the PBG Magnet Program Advisory Board.
4 Cross Country runs at PGA Park.
6 City maintains the HS baseball field.
4 Gatorettes (cheer squad) are given numerous opportunities to raise funds at the
4 The High School also teaches a First Responder course for which they use our
City's special events.
City's Aquatic Center.
Fire Department
School Construction:
4 14 hours - Plans Review
6 8 hours - Site Planning meetings
4 6 hours - Engineering meetings
Home Cominx:
4 4-8 hours annually
Misc. Events
6 4-8 hours annually
Medical Magnet Program
6 20 hours - Classroom Training
4 320 hours - Ride Time
4 Supplies
Football Games
4 Medical Coverage
Police Department
4 In 2005, the Police Department began conducting Crime Prevention through
Environmental Design (C€"F,D) reviews for the renovation project of Palm
Beach Gardens High School. Police staff members have dedicated over 65 hours
of plan reviews and meetings to improve traffic flow and safety, utilizing
previous experience, current data, and trends throughout Palm Beach County,
and six major recommendations have been discussed with the School District
Planners.
& To address on-going traffic congestion and juvenile problems within a one block
radius of the school, the following police services were provided during the
2005/2006 school year, along with the estimated cost:
o 5 19 traffic stops:
76 hours
Cost at $30.00 per hour equals $2,280
o 154 directed patrols addressing traffic complaints:
1 12 hours
Cost at $30.00 per hour equals $3,360
13 hours
Cost at $30.00 per hour equals $390
o 189 directed patrols addressing juvenile trouble:
51 hours
Cost at $30.00 per hour equals $1,530
o 87 calls for service to include stolen vehicles, vehicle burglaries, suspicious
incidents and/or persons, open doors, alarms, child abuse, etc:
55 hours
Cost at $30.00 per hour equals $1,650
o 133 Palm Beach Gardens High School students were apprehended for truancy:
236 hours
Cost at $30.00 per hour equals $7,080
o 22 traffic crashes:
4 Problem Oriented Policing Projects:
o Stopping students from loitering in homeowner yards.
o Stopping parents from using homeowner driveways to drop off students,
avoiding the designated school drop off and pick up area. To prevent this from
occurring, the homeowner at the SW corner of Holly Drive and Military Trail is
forced to use planters to block off his driveway.
o Installed ‘‘Parks and Recreation Parking Only” signage to keep students from
parking at Plant Park. In addition to parking in this City lot, students’ vehicles
were being burglarized.
o Implemented measures to prevent littering along Holly Drive corridor in front of
the school.
& Miscellaneous Service Calls:
o Coordinated Maintenance of Traffic (MOT) for the annual Homecoming Parade
o Provided a police vehicle to lead the parade.
o Provided a police vehicle to be at the rear of the parade.
o Arranged for PW to place the barricades and cones at side streets to provide
dedicated parade route.
o Motorcycle Officers monitored side streets to prevent unauthorized vehicles
from entering the parade.
o Provided Police Motorcycle escorts for the parade floats to get to the staging
point safely.
o Provided specialty police vehicles as parade participants.
o Participate in annual DUI Crash Scenario in conjunction with the Fire
to include: (5 officers for 5 hours at $30.00 per hour equals $750.00)
Department.
An estimated total of 568 officer hours @ $30.00 equals $17,040 in costs associated
with police services provided to the Palm Beach Gardens High School during the
2005/2006 school year, as documented in our police records management system.
Note: This does not include equipment and administrative costs.
Please advise if you have any questions or need additional information. Thank you.
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Date Prepared: February 28, 20097
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ORDINANCE 12,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING;
REZONING A PLANNED UNIT DEVELOPMENT WITH
UNDERLYING PUBLIC OR INSTITUTIONAL ZONING TO ALLOW
THE DEMOLITION AND REDEVELOPMENT OF THE EXISTING
PALM BEACH GARDENS HIGH SCHOOL, GENERALLY LOCATED
AT THE SOUTHEAST CORNER OF LILAC STREET AND MILITARY
TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received Petition PPUD 06-12-000012 to rezone the
existing Palm Beach Gardens High School site from Public or Institutional to Public or
Institutional and a Planned Unit Development Overlay to allow the demolition of the
existing high school and the construction of eight new buildings of up to three stories on
the approximately 39.74-acre site, generally located at the southeast corner of Lilac
Street and Military Trail, as more particularly described herein, to be referred to as
“Palm Beach Gardens High School”; and
WHEREAS, the subject site has a Public or Institutional (PA) zoning classification
and has a land-use designation of Public (P); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application
at its January 9, 2007, meeting and voted 7-0 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 this Ordinance is consistent
with the City’s Comprehensive Plan; and
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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
Date Prepared: February 28, 2007
Ordinance 12, 2007
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Petition PPUD 06-12-000012 is hereby APPROVED on the following
described real property to allow the redevelopment of the existing Palm Beach Gardens
High School, generally located at the southeast corner of Lilac Street 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:
PALM BEACH GARDENS HIGH SCHOOL
LEGAL DESCRIPTION (PER TITLE COMMITMENT):
THE NORTH 1,000.00 FEET OF THE SOUTH 1,050.00 FEET OF THE WEST 875.00
FEET OF THE EAST 1,742.22 FEET OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 42 SOUTH, RANGE 42 EAST.
TOGETHER WITH
BEING A 1,000.00 FOOT BY 333.00 FOOT PARCEL OF LAND IN THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY RIGHT-OF-WAY OF HOLLY DRIVE
100.00 FEET WIDE AS SHOWN IN RECORD PLAT NO. 6, CITY OF PALM BEACH
GARDENS AS RECORDED OCTOBER 9, 1962 IN PLAT BOOK 27, PAGES 130, 131 ,
AND 132 OF PALM BEACH COUNTY RECORDS, SAID POINT BEING 568.00 FEET
EASTERLY (ALONG SAID NORTH RIGHT- OF-WAY OF HOLLY DRIVE) FROM THE
NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 12; THENCE
NORTHERLY, AT RIGHT ANGLES TO SAID NORTH RIGHT-OF-WAY OF HOLLY
DRIVE, A DISTANCE OF 125.00 FEET TO A POINT; THENCE CONTINUING
NORTHERLY, AND PARALLEL TO THE EAST LINE OF SAID SECTION 12, A
DISTANCE OF 875.00 FEET TO A POINT: THENCE EASTERLY, AND PARALLEL TO
THE SOUTH LINE OF SECTION 12, A DISTANCE OF 333.10 FEET TO A POINT;
THENCE SOUTHERLY, AND PARALLEL TO AND 1,742.22 FEET FROM THE EAST
LINE OF SECTION 12, A DISTANCE OF 1,000.00 FEET TO A POINT IN SAID NORTH
RIGHT-OF-WAY OF HOLLY DRIVE; THENCE WESTERLY ALONG SAID NORTH
RIGHT-OF-WAY OF HOLLY DRIVE, A DISTANCE OF 333.26 FEET TO THE POINT
OF BEGINNING.
TOGETHER WITH
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (1/4) CORNER OF
SAID SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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Date Prepared: February 28, 2007
Ordinance 12, 2007
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COMMENCE AT THE SOUTH QUARTER (1/4) CORNER OF SAID SECTION 12;
THENCE ALONG THE WEST LINE OF THE SAID SOUTHEAST QUARTER (1/4)
N00’40’21”E FOR 175.00 FEET; THENCE S89’14’29”E FOR 63.56 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE OF MILITARY TRAIL PER FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 93600-
2608, STATE ROAD NO. S-809 AND THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S89’14’29E FOR 504.44
FEET; THENCE PARALLEL WITH THE SAID WEST LINE OF THE SOUTHEAST
QUARTER (1/4) N00’40’21”E FOR 1025.00 FEET TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF LILAC STREET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY
FOR THE FOLLOWING THREE (3) COURSES: (1) THENCE N89’14’29”W FOR
489.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 25.00 FEET; (2) THENCE WESTERLY ALONG SAID
CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 12’58’40” FOR 5.66
TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 2,924.79
FEET, WHERE THE RADIAL LINE BEARS S88”22’43”W, SAID POINT LYING ON THE
FEET; (3) THENCE S38”0IJ37”W FOR 12.80 FEET TO A POINT ON A NON-
SAID EASTERLY RIGHT-OF-WAY LINE OF MILITARY TRAIL: THENCE ALONG SAID
EASTERLY RIGHT-OF-WAY FOR THE FOLLOWING THREE (3) COURSES; (1)
THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 21’7’38” FOR 117.10 FEET TO A POINT OF TANGENCY; (2)
THENCE SOO”40’21”W FOR 755.68 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2924.79 FEET; (3)
THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 2’46’1 8” FOR 141.49 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTH 969.88 FEET OF THE WEST 50 FEET OF THE EAST 867.22 FEET OF
THE SOUTHEAST Xi OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST,
LESS THE SOUTH 50 FEET THEREOF FOR HOLLY DRIVE RIGHT-OF-WAY.
CONTAINING 39.74 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 Ordinance shall become effective immediately upon adoption.
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Date Prepared: February 28, 2007
Ordinance 12, 2007
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PASSED AND ADOPTED this day of ,2007.
PASSED AND ADOPTED this day of , 2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
AGAINST ABSENT
G:\attorney-share\ORDINANCES\rezoning pbghs - ord 12 2007.doc
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Date Prepared: February 28, 2007
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RESOLUTION 28,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN AND A
MAJOR CONDITIONAL USE FOR THE 39.74-ACRE PARCEL OF
LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
LILAC STREET AND MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN, TO BE REFERRED TO AS THE “PALM
BEACH GARDENS HIGH SCHOOL”; ALLOWING THE
REDEVELOPMENT OF THE EXISTING HIGH SCHOOL;
PROVIDING FOR A WAIVER; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has received Petitions PPUD 06-12-000012 and CUMJ 06-
03-000003, which includes a request for a major conditional use and site plan approval
to allow the demolition of the existing high school and the construction of a new high
school facility on the 39.74-acre site, generally located at the southeast corner of Lilac
Street and Military Trail, as more particularly described herein, to be referred to as
“Palm Beach Gardens High School”; and
WHEREAS, the subject site has a land-use designation of Public (P) and a
Public or Institutional (PI) zoning classification with a Conditional Use overlay; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said application
at a public hearing at its January 9, 2007, meeting and voted 7-0 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: February 28, 2007
Resolution 28, 2007
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SECTION 2. Petitions PPUD 06-12-000012 and CUMJ 06-03-000003 are hereby
APPROVED on the following described real property to allow the redevelopment of an
existing high school, generally located at the southeast corner of Lilac Street 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:
PALM BEACH GARDENS HIGH SCHOOL
LEGAL DESCRIPTION (PER TITLE COMMITMENT):
THE NORTH 1,000.00 FEET OF THE SOUTH 1,050.00 FEET OF THE WEST 875.00
FEET OF THE EAST 1,742.22 FEET OF THE SOUTHEAST QUARTER OF SECTION
12, TOWNSHIP 42 SOUTH, RANGE 42 EAST.
TOGETHER WITH
BEING A 1,000.00 FOOT BY 333.00 FOOT PARCEL OF LAND IN THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY RIGHT-OF-WAY OF HOLLY DRIVE
100.00 FEET WIDE AS SHOWN IN RECORD PLAT NO. 6, CITY OF PALM BEACH
GARDENS AS RECORDED OCTOBER 9,1962 IN PLAT BOOK 27, PAGES 130,131,
AND 132 OF PALM BEACH COUNTY RECORDS, SAID POINT BEING 568.00 FEET
EASTERLY (ALONG SAID NORTH RIGHT- OF-WAY OF HOLLY DRIVE) FROM THE
NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 12; THENCE
NORTHERLY, AT RIGHT ANGLES TO SAID NORTH RIGHT-OF-WAY OF HOLLY
DRIVE, A DISTANCE OF 125.00 FEET TO A POINT; THENCE CONTINUING
NORTHERLY, AND PARALLEL TO THE EAST LINE OF SAID SECTION 12, A
DISTANCE OF 875.00 FEET TO A POINT: THENCE EASTERLY, AND PARALLEL TO
THE SOUTH LINE OF SECTION 12, A DISTANCE OF 333.10 FEET TO A POINT;
THENCE SOUTHERLY, AND PARALLEL TO AND 1,742.22 FEET FROM THE EAST
LINE OF SECTION 12, A DISTANCE OF 1,000.00 FEET TO A POINT IN SAID NORTH
RIGHT-OF-WAY OF HOLLY DRIVE; THENCE WESTERLY ALONG SAID NORTH
RIGHT-OF-WAY OF HOLLY DRIVE, A DISTANCE OF 333.26 FEET TO THE POINT
OF BEGINNING.
TOGETHER WITH
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (1/4) CORNER OF
SAID SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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Date Prepared: February 28, 2007
Resolution 28, 2007
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COMMENCE AT THE SOUTH QUARTER (1/4) CORNER OF SAID SECTION 12;
THENCE ALONG THE WEST LINE OF THE SAID SOUTHEAST QUARTER (1/4)
N00’40’21”E FOR 175.00 FEET; THENCE S89’14’29”E FOR 63.56 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE OF MILITARY TRAIL PER FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 93600-
2608, STATE ROAD NO. S-809 AND THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE S89”I 4’29”E FOR 504.44
FEET; THENCE PARALLEL WITH THE SAID WEST LINE OF THE SOUTHEAST
QUARTER (1/4) N00”40’21”E FOR 1025.00 FEET TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF LILAC STREET; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY
FOR THE FOLLOWING THREE (3) COURSES: (1) THENCE N89’14’29”W FOR
489.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTH, HAVING A RADIUS OF 25.00 FEET; (2) THENCE WESTERLY ALONG SAID
CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 12’58’40” FOR 5.66
TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 2,924.79
FEET, WHERE THE RADIAL LINE BEARS S88’22’43”W, SAID POINT LYING ON THE
FEET; (3) THENCE S38”01’37”W FOR 12.80 FEET TO A POINT ON A NON-
SAID EASTERLY RIGHT-OF-WAY LINE OF MILITARY TRAIL: THENCE ALONG SAID
EASTERLY RIGHT-OF-WAY FOR THE FOLLOWING THREE (3) COURSES; (1)
THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 21’7’38” FOR 117.10 FEET TO A POINT OF TANGENCY; (2)
THENCE SOO’40’21”W FOR 755.68 FEET TO THE POINT OF CURVATURE OF A
CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2924.79 FEET; (3)
THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 2’46’18” FOR 141.49 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH:
A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTH 969.88 FEET OF THE WEST 50 FEET OF THE EAST 867.22 FEET OF
THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST,
LESS THE SOUTH 50 FEET THEREOF FOR HOLLY DRIVE RIGHT-OF-WAY.
CONTAINING 39.74 ACRES, MORE OR LESS.
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Date Prepared: February 28, 2007
Resolution 28, 2007
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waiver:
1. Section 78-1 44, Civic and institutional zoning district regulations, Table 77,
waiver to increase the maximum building height by 6 inches.
SECTION 4. This approval is subject to the following conditions of approval,
which shall be the responsibility of the Applicant, its successors, or assigns:
Planninq and Zoning
1.
2.
3.
4.
The Applicant shall fund, design, construct, and install the Signalization
Improvement identified in Exhibit “A,” attached hereto and incorporated
herein, within 12 months of notice being delivered to the School Board by
the City. Funding of the Signalization Improvements shall include, but not
be limited to, the cost of any necessary plan preparation, right-of-way
acquisition, permitting, and all construction costs, including any necessary
utility relocation. The School Board shall, commencing one year after
completion of the school modernization improvements, perform an annual
intersection analysis until the sooner of (1) five years, or (2) until such time
as the City provides notice referenced herein. (Planning & Zoning, Police)
Upon completion and opening of the new parking lot off of Lilac Street, the
City shall be authorized to conduct periodic Traffic Operations Analysis.
Based upon the results of the Traffic Operations Analysis, the City may, at
any time after the opening of the school, require the School District to
design, fund, and install traffic improvements to the adjacent rights-of-way.
(Planning & Zoning, Police)
Approval of the subject application shall grant the Applicant the authority to
construct improvements for ingress and egress purposes within the property
identified as “Parcel 2” within the Easement Grant between the School
Board and the City of Palm Beach Gardens dated January 7, 1969. (ORB
1698; PAGE 1198) (Public Works, Planning & Zoning)
All on-site lighting shall be cast downward and shall be shielded from adjacent
residential properties. (Planning & Zoning)
Ennineerinq
5. The Applicant shall copy to the City all permit applications, permits,
certifications, and approvals. (City Engineer)
6. The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
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Date Prepared: February 28, 2007
Resolution 28, 2007
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7. 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
En g i nee r)
8. The Applicant shall provide a letter of authorization from the utility easement
owners authorizing encroachment of the landscape buffers within their
respective utility easements. (City Engineer)
9. On or before May 1, 2008, the Applicant shall provide the City with a
drainage easement over the 50-foot-wide Parcel 5480, which runs along the
eastern property line. (City Engineer)
Police
IO. Prior to the initiation of vertical construction, the Applicant shall provide
plantings, such as Bougainvillea vines, along the perimeter fence where it
abuts residential uses along the north and south property lines. (Police,
Planning & Zoning)
11. The Applicant shall staff the ingresslegress points off of Lilac Street
whenever the gates at the ingress/egress points are open. (Police)
Miscellaneous
12. The Applicant shall notify the City’s Public Works Division at least 10
working days prior to the commencement of any work/construction activity
within any public right-of-way. In the case of a City right-of-way, the
Applicant has five working days to obtain a right-of-way permit from the
City’s Construction Services Division. Failure to comply with this condition
shall result in a Stop-Work Order of all workkonstruction activity within the
public right-of-way and the subject development site. (Construction
Services)
13. The build-out date for this project shall two years from the date of approval
of this Resolution, unless extended per City Code Section 78-61. (City
En g i neer)
SECTION 5. This property shall be constructed in compliance with the following
plans on file with the City’s Growth Management Department:
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Date Prepared: February 28, 2007
Resolution 28, 2007
1. Sheet GI-I: Site Plan, prepared by Sylla Incorporated, dated October IO,
2005, and last revised on February 12, 2007; dated and stamped by the
Planning and Zoning Division on February 22, 2007.
2. Sheets L1-1 through L1-5: Landscape Plan, prepared by Sylla Incorporated,
dated August 31, 2006, and last revised on October 27, 2006; dated and
stamped by the Planning and Zoning Division on February 22, 2007.
3. Sheet A4-1 through A4-11: Architectural Floor Plans and Elevations,
prepared by Tercilla Courtemanche Architects, Inc., dated October IO,
2005, and last revised on February 12, 2007; dated and stamped by the
Planning and Zoning Division on February 22, 2007.
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: February 28, 2007
Resolution 28, 2007
PASSED AND ADOPTED this day of , 2007
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLlN
CO U N C I L M E M B E R LEVY
COUNCILMEMBERVALECHE
G:\attorney-share\RESOLUTlONS\site plan approval for pbghs - reso 28 2007.d~~
7
Date Prepared: February 7, 2007
I’
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 9,2007
Meeting Date: March 15, 2007
Resolution: 11, 2007
SubjecffAgenda Item: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA DESIGNATING
ITS ELECTED POSITIONS FOR INCLUSION IN THE ELECTED
OFFICERS’ CLASS OF THE FLORIDA RETIREMENT SYSTEM;
AND PROVIDING AN EFFECTIVE DATE.
[ X ] Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
City Attorney
Originating Dept.:
Submitted by:
Allan [ ] Not Required
Department Director ected parties
Ron Ferris
1 City Manage( / I [XI Not required
costs: $ 7,984
Annually
$ 7,984
Current FY
Funding
Source:
[XI Operating
[ ]Other N/A
Budget Acct.#:
001.0100.511.2210
Council Action:
[ ]Approved
[ ]Approved w/ conditions
[ ] Denied
[ ] Continued to:
~
Attachments :
0 Resolution 11, 2007
[ ]None
Date Prepared: February 7, 2007
Resolution 11, 2007
Date Prepared: February 9,2007
Meeting Date: March 15, 2007
Resolution: 11, 2007
BACKGROUND: On August 17, 2006, the City of Palm Beach Gardens elected to
participate in the Florida Retirement System (FRS) through adoption of Resolution
84, 2006. This election was effective October 1, 2006, and covered all general
employees, including elected officials.
As discussed during the presentation on August 17, 2006, there are three
categories of employees that became members of FRS: the General Employee
Class, Senior Management Class, and Elected Officers Class. The General
Employee Class receives a benefit multiplier of 1.6% annually, and the Elected
Officers’ Class receives a benefit multiplier of 3% annually. Under the rules of the
FRS, all employees are initially enrolled in the General Employee Class. In order
for elected officials to receive the benefit of the Elected Officers’ Class, the Council
must adopt the attached resolution that designates elective officers as members of
the Elected Officers’ Class of the FRS.
STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution
11, 2007.
~~ ~
Date Prepared: February 7, 2007
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RESOLUTION 11,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA DESIGNATING ITS ELECTED
POSITIONS FOR INCLUSION IN THE ELECTED OFFICERS CLASS
OF THE FLORIDA RETIREMENT SYSTEM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida State Legislature has provided the City of Palm Beach
Gardens’ elected officials the ability to be included in the Elected Officers Class of the
Florida Retirement System; and
WHEREAS, the City of Palm Beach Gardens feels it is important to provide this
benefit to its eligible elected officials in appreciation of their faithful service to the City
of Palm Beach Gardens; and
WHEREAS, the City Council has determined that adoption of this Resolution is
in the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City of Palm Beach Gardens, Florida herein designates all its
elective positions for inclusion in the Elected Officers Class of the Florida Retirement
System.
SECTION 3. This Resolution shall become effective the first day of the month
following receipt by the Division of Retirement of this adopted Resolution.
(The remainder of this page left intentionally blank)
Date Prepared: February 7, 2007
Resolution 11, 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JABLIN
LEVY
VALECHE
AYE NAY ABSENT --
G:\attorney-share\RESOLUTlONS\elected officers class of the frs - reso 11 2007.doc
2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 22,2007
Meeting Date: March 15,2007
Resolution 33,2007
SubjecVAgenda Item: Approve a License Agreement with James B. Pirtle Construction
Company, Inc. to lease 3.17 acres of city-owned land located on Lilac Street for the
purpose of assisting the School District with the Palm Beach Gardens High School
Modernization Proiect
[ X ] Recommendation to APPROVE
] Recommendatic
Reviewed by:
Christine Tatum ch City Attorney
Submitted
Services Administrator
Department Director
City Man er
1 to DENY
Angela Wong
Operations Mahader
Community Services
Department
Advertised:
Date:
[ X ] Not Required
Affected parties e
[ X ] Not required
costs: NIA
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 33, 2007
License Agreement
[ ]None
Date Prepared: February 22,2007
Meeting Date: March 15, 2007
Resolution 33,2007
BACKGROUND: The School District of Palm Beach County has contracted with James B.
Pirtle Construction Company, Inc. to build the new Palm Beach Gardens High School
(PBGHS). The contractor is required to build the new facilities on the same property, while
keeping the existing facilities operating at the same time. Therefore, minimal space is
available on the school property.
City Council requested that the City assist the School District as needed with this PBGHS
Modernization Project. Their contractor has requested to lease 3.1 7 acres of city-owned
land located on the north side of Lilac Street adjacent to the school for the purpose of
staging equipment and trailers as well as contractor parking. If approved, the License
Agreement will be in effect for a term of 42 months or 60 days following substantial
completion of the PBGHS Modernization Project, whichever occurs first. The contractor will
be required to fence the entire lease area in order to provide security as well as maintain
the site during the term of the Agreement.
Some of the benefits to entering into this lease agreement include:
decreasing the visibility of material from Military Trail and the public eye;
potentially reducing the overall construction timetable;
reducing the amount of congestion within the high school construction site;
reducing the amount of traffic on Holly Dr. and Plant Dr. thoroughfares, which, in
turn, improves safety and minimizes traffic support;
0 improves control and coordination of the project’s impact on the surrounding city
neighborhoods; and
0 since the City will not be charging the Contractor rent, this will lessen the School
District’s expenses for the project.
STAFF RECOMMENDATION: Approve Resolution 33, 2007 as presented.
Date Prepared: February 22, 2007
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RESOLUTION 33,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A LICENSE
AGREEMENT WITH JAMES B. PIRTLE CONSTRUCTION
LOCATED ON LILAC STREET FOR THE PURPOSE OF ASSISTING
THE SCHOOL DISTRICT OF PALM BEACH COUNTY WITH THE
PALM BEACH GARDENS HIGH SCHOOL MODERNIZATION
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
COMPANY, INC. FOR 3.17 ACRES OF CITY-OWNED LAND
WHEREAS, City Council requests that the City assist the School District of Palm
Beach County with the Palm Beach Gardens High School Modernization Project as
needed; and
WHEREAS, the School District of Palm Beach County has contracted with
James B. Pirtle Construction Company, Inc. to build the new Palm Beach Gardens High
School (PBGHS); and
WHEREAS, James B. Pirtle Construction Company, Inc. has requested to enter
into a License Agreement with the City to lease 3.17 acres of City-owned land located
on the north side of Lilac Street for the purpose of staging equipment and trailers, as
well as contractor parking; and
WHEREAS, such License Agreement has been prepared and is attached hereto;
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 a License Agreement with
James B. Pirtle Construction Company, Inc. and authorizes the City Manager and City
Clerk to execute the Agreement.
SECTION 3. This Resolution shall become effective upon approval by the City
Council of the development order for the Palm Beach Gardens High School renovation
project.
Date Prepared: February 22, 2007
Resolution 33. 2007
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PASSED AND ADOPTED this day of , 2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL S U FFlC I ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
CO U N C I L M E M B ER LEVY
COUNCILMEMBER VALECHE
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\pirtle construction agreement reso 33 2007.doc
2
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of the day of
, 2006, is by and between the City of Palm Beach Gardens, a Florida
municipal corporation (hereinafter referred to as the "Licensor"), and James B. Pirtle
Construction Company, Inc., whose address is 4740 Davie Road, Davie, Florida 33314, a
Florida corporation (hereinafter referred to as the "Licensee").
WHEREAS, the Licensor owns fee title to a parcel of vacant real property
designated for a future park site ("Lilac Park") located in the City of Palm Beach Gardens,
County of Palm Beach, and State of Florida; and
WHEREAS, the School Board of Palm Beach County has contracted with the
Licensee for the Palm Beach Gardens Community High School modernization project; and
WHEREAS, the School Board has requested that the Licensor grant the Licensee a
license to enter upon a portion of the Licensor's real property for contractor parking,
trailers, and laydown areas during the Palm Beach Gardens Community High School
modernization project upon the terms and conditions hereafter set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants of the parties
contained in this Agreement and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the L,icensor and the Licensee agree as
follows:
1. Grant of License. The Licensor hereby grants to the Licensee, and the
Licensee hereby takes from the Licensor, a license to use and occupy the Premises
identified on Exhibit "A attached hereto, consisting of approximately 3.17 acres of
unimproved land referred to as a portion of Lilac Park in the City of Palm Beach Gardens
(the "Premises"), subject to the reserved right of the Licensor and to the rights of the
Lessees of that certain Communications Site Lease Agreement between Licensor and
Nextel South Corp. dated December 6, 2001, to use the existing driveway leading from
Lilac Street to the portion of the Lilac Park not included in the Property. This License is
also subject to the rights of the Licensor to enter into additional Communications Site
Leases which will utilize the driveway. The Licensor additionally reserves the right to
remove the westerly fifty (50) feet of the Premises from this License to provide for future
public improvements upon ninety (90) days' written notice to the Licensee. Upon written
notice, the Licensee shall remove all equipment, fencing, and any other such items from
this area prior to the effective date of the Premises reduction. The reduced area is subject
to the requirements outlined in Section 9 of this Agreement as well. The Premises is
licensed to the Licensee subject to all regulations, restrictions, rules, ordinances, and other
laws now in effect or hereafter adopted by any governmental authority which are applicable
to the Premises.
2. _I_ Term. The term of this Agreement and the License granted hereby shall
commence upon the Effective Date and shall extend for a period of forty-two (42) months
or sixty (60) days following substantial completion of the Palm Beach Gardens High School
modernization project, whichever occurs first, unless sooner terminated pursuant to the
provisions of this License. The Term of License may be modified or extended with the
mutual consent of the parties.
3. License Fee. The Licensee shall pay the Licensor an annual License Fee of
One Dollar ($1 .OO) (“Annual License Fee”), payable without notice on the Effective Date
and each subsequent anniversary thereof. The Licensor shall receive the Annual License
Fee payable hereunder free and clear of any and all impositions, taxes, liens, charges, and
expenses of any nature whatsoever relating to ownership or operation of the Premises,
including, without limitation, those relating to taxes, if any, insurance, repair, maintenance,
use, care, or operation, except as may be specifically set forth in the provisions of this
License Agreement. In the event this License or the Licensee’s use of the Premises
renders the Premises subject to ad valorem real property taxes or similar impositions
imposed by any governmental entity, the Licensee shall be responsible for and shall pay
same before delinquency.
4. Use. The Licensee shall use the Premises for contractor parking, trailers,
and laydown areas, consistent with the requirements of Exhibit “B” attached hereto. The
Licensee shall not use or occupy the Premises or permit the Premises to be used or
occupied in a manner that would in any way (a) make void or voidable any insurance
currently in force with respect to the Premises; (b) make it impossible to obtain owners’ and
contractors’ protective liability insurance and general liability insurance, as contemplated by
Section 1 I of this Agreement; or (c) constitute a public or private nuisance or waste. The
Licensee shall not commit or suffer to be committed any waste upon the Premises, commit
or permit the maintenance or commission of any nuisance or other act or thing which may
result in damage or depreciation of value of the Premises, or which may affect the
Licensor’s fee interest in the Premises, or which results in an unsightly condition. All
refuse is to be removed from the Property at the Licensee’s sole cost and expense, and
the Licensee shall keep such refuse in proper fireproof containers on the interior of the
Premises until removed. The Licensee shall, at the Licensee’s sole cost and expense,
comply with all ordinances, laws, statutes, guidelines, directives, and regulations
promulgated thereunder of all county, municipal, state, federal, and other applicable
governmental authorities and regulatory authorities now in force or which may hereafter be
in force, pertaining to the Licensee and its use of the Premises, or the Premises generally.
The Licensee shall not use, maintain, store, or dispose of any contaminants, including, but
not limited to, hazardous or toxic substances, chemicals, solvents, fuel, or other agents on
the Premises. In addition, Licensee shall not perform any vehicle or equipment
maintenance on the Premises, including, but not limited to, oil changes and refueling. To
the extent permitted by law, the Licensee shall indemnify, defend, and save the Licensor
harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages
resulting from the Licensee’s failure to perform its obligations in this Section. The Licensee
shall be required to purchase such environmental insurance policies deemed reasonable
by the Licensor, and there shall be no limitations on liability with regard to this provision.
2
Should the Licensee contaminate the Premises in any way, it shall be required to pay for all
clean-up deemed necessary by the Licensor and such governmental authorities having
jurisdiction over the same. This provision shall apply to any contamination to properties
adjacent to or within the plume of such contamination. The Licensee acknowledges that
the property is subject to certain utility easements, and the Licensee agrees that it shall not
cause damage to or interfere with the function of any existing utilities within or surrounding
the Premises. The Licensee shall comply with all related utility requirements.
5. Condition of the Premises. Prior to the Licensee using the Property herein,
the Licensor or its agents shall conduct a physical inspection of the Premises, including
Environmental Assessments, at the sole cost of the Licensee, and notify the Licensee of
any pre-existing conditions such as environmental contamination. The Licensee shall not
be responsible for any pre-existing conditions of which it has been notified. Upon
completion of such physical inspections, the Licensee shall certify that it has inspected the
Premises and accepts same “As Is” in its existing condition, together with any defects,
latent or patent, if any, and subject to all matters of records, excluding any pre-existing
conditions identified in the Environmental Assessment. The Licensee further
acknowledges that the Licensor has made no representations or warranties of any nature
whatsoever regarding the Premises, including, without limitation, the physical condition of
the Premises, any improvements or equipment located thereon, or the suitability thereof for
the Licensee’s intended use. No repair work or alterations of the Premises is required to
be done by the Licensor as a condition of this License Agreement.
6. Covenant Aaainst Liens. If because of any act or omission of the Licensee
any mechanic’s or other lien, charge, or order for the payment of money or other
encumbrances shall be filed or imposed against the Licensor and/or any portion of the
Premises (whether or not such lien, charge, order, or encumbrance is valid or enforceable
as such), the Licensee shall, at its cost and expense, cause the same to be discharged of
record or bonded within ten (1 0) days after the Licensor gives notice to the Licensee of the
filing or imposition thereof. In addition, the Licensee shall indemnify and defend the
Licensor against and save the Licensor harmless from all losses, costs, damages,
expenses, liabilities, suits, penalties, claims, demands, and obligations (including, without
limitation, reasonable attorneys’ fees) resulting from any such lien, charge, order, or
encumbrance. If the Licensee fails to comply with the foregoing provisions, the Licensor
shall have the option of discharging or bonding any such lien, charge, order, or
encumbrance, and the Licensee agrees to reimburse the Licensor upon demand for all
losses, costs, damages, and expenses resulting therefrom or incurred in connection
therewith, together with reasonable interest thereon, to the extent permitted by law.
7. Utilities. The Licensee shall be responsible for arranging and timely paying
for all utilities required by the Licensee for the operation of the facilities to be located upon
the Premises.
8. Sinns. The Licensee will not be permitted to erect any signage on the
Premises.
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9. Surrender of the Premises. The Licensee shall provide, at least thirty (30)
days prior to the surrender of the Premises, a Phase I environmental assessment for the --. Premises acceptable to the Licensor and Phase II if the Licensor deems the same
necessary. The Licensee shall surrender possession and control of the Premises in good
condition and repair, with no environmental contamination, to the Licensor upon the
expiration of this Agreement; provided, however, that Licensee shall not be responsible for
an environmental contamination identified in the Environmental Assessments identified in
Paragraph 5. The temporary fencing on the Premises installed by the Licensee during the
term of this Agreement shall then be removed. The Licensee’s obligation to observe and
perform this covenant shall survive the expiration of this Agreement.
10. Indemnification and Covenant Not to Sue. The Licensee agrees it will
exercise its privileges under this Agreement at its own sole risk and agree, to the extent
permitted by law, to indemnify the Licensor and save it harmless from all liability, loss, cost,
and expense (including attorneys’ fees) which may be sustained by the Licensor to any
person, by reason of the death or injury to any person or damage to any property caused
by or arising out of the negligence of the Licensee or its employees or agents in the
exercise of this License. The Licensor shall not in any event whatsoever be liable for any
injury or damage to the improvements located by the Licensee upon the Premises, to the
Licensee, to any employees, agents, representatives, invitees, or other persons claiming
through or under the Licensee, or for any property of any such persons. The Licensee
shall not make any claim or demand upon or institute any action against the Licensor as a
result of the Licensee’s exercise of the rights granted by the Licensor pursuant to this
Agreement. The Licensee’s obligations and liabilities set forth in this Section shall survive
the expiration of this Agreement.
1 1. Insurance. The Licensee shall, during the term of this Agreement, maintain
at its sole expense the following insurance coverage: (i) Workers’ Compensation insurance
in accordance with statutory requirements; (ii) General Liability and Automobile Liability
insurance with each occurrence limits of not less than One Million Dollars ($1,000,000);
and (iii) pollution premiseslenvironmental liability insurance with each occurrence limits of
not less than One Million Dollars ($1,000,000).
The Licensee shall name the Licensor as an additional insured on General Liability,
and shall provide a waiver of subrogation on Workers’ Compensation and General Liability
and shall provide the Licensor with a Certificate of Insurance evidencing such coverage
prior to entering onto the Premises. Licensee must maintain product completed operations
coverage for a minimum of five (5) years.
12. Additional Surety. The Licensee shall provide to the Licensor additional
surety in the amount of Five Million Dollars ($5,000,000) in the form of a Contract Bond or
other surety acceptable to the City Attorney. Such Contract Bond shall secure the
obligations of the Licensee to return the site to the Licensee free of any contamination as
specified in paragraph 5 herein and shall be maintained by the Licensee for forty-two (42)
months from the effective date of this Agreement or sixty (60) days after substantial
completion of the project, whichever is earlier.
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13. Entrv bv the Licensor. The Licensor and its employees and representatives
shall have the right to enter upon the Premises at all times, in a manner that is not
disruptive to the Licensee's project, for the purpose of inspecting the condition of the
Premises. Any such entry on the Premises shall be conducted by the Licensor in a manner
calculated to minimize any interference with or disruption of any operations occurring within
the Premises. In addition, the Licensor, its employees, and contractors shall have the right,
without notice, to use the existing driveway leading from Lilac Street to the portion of Lilac
Park not included in the Premises.
14. Default bv the Licensee. In the event that the Licensee defaults in the
performance or observance of any term, covenant, or condition to be performed or
observed by the Licensee under this Agreement, and the Licensee thereafter fails to cure
such default within twenty (20) days after the Licensor's delivery of notice of the default, the
Licensor shall have the immediate right to reentry and may remove all persons and
property from the Premises by summary proceedings or otherwise, such as ejectment
without judicial proceedings. In addition, the Licensor shall have the right, at its option, to
terminate this Agreement by written notice to the Licensee, and upon the giving of said
notice, this Agreement and the License granted hereby shall cease and expire on the date
set forth in said notice.
Should the Licensor terminate this Agreement as a result of the breach or default by
the Licensee, in addition to any other remedies it may have, the Licensor may recover from
the Licensee all damages that the Licensor may incur by reason of the failure of the
Licensee to restore the Premises to its original condition, to the extent permitted by law.
After terminating this Agreement, the Licensor may remove any and all personal property
located in the Premises and place such property in a public or private warehouse or
elsewhere at the sole cost and expense of the Licensee. In the event that the Licensee
shall not immediately pay the cost of storage of such property, the Licensor may sell any or
all of such property at a public or private sale in such manner and at such times and places
as the Licensor may deem proper in its sole discretion, without notice to or demand upon
the Licensee. The Licensee waives all claims for damages that may be caused by the
Licensor's removing, storing, or selling the Licensee's property as herein provided, and the
Licensee shall indemnify and hold the Licensor harmless from and against any and all
losses, costs, and damages (including, without limitation, all attorneys' fees) of the Licensor
occasioned thereby.
In the event that the Licensee does not comply with its obligations under this
Agreement, the Licensor shall also have the right to appropriate injunctive relief to the
extent permitted by law. The rights and remedies of the Licensor provided in this
Agreement shall be cumulative, and the exercise of any one right or remedy shall not
preclude the exercise of or act as a waiver of any other right or remedy of the Licensor
hereunder, or any right or remedy which may exist at law, in equity, by statute, or
otherwise.
5
15. Hazardous Substances. The term "Hazardous Substances" as used in this
Agreement shall include, without limitation, flammables, explosives, radioactive materials,
asbestos, polychlorinated biphenyls (PCBs), chemicals known to cause cancer or
reproductive toxicity, pollutants, contaminants, hazardous wastes, and toxic substances
declared to be hazardous or toxic under any law or regulation now or hereafter enacted or
promulgated by any governmental authority. The Licensee shall not cause or permit to
occur:
(a) Any violation of any federal, state, or local law, ordinance, or regulation
now or hereafter enacted relating to environmental conditions on, under, or about the
Premises, or arising from the Licensee's use or occupancy of the Premises, including,
without limitation, soil and ground water conditions; or
(b) The use, generation, release, manufacture, refining, production,
processing, storage, or disposal of any Hazardous Substance on, under, or about the
Premises, or the transportation to or from the Premises of any Hazardous Substance,
The Licensee shall, at its expense, comply with all laws regulating the
use, generation, storage, transportation, or disposal of Hazardous Substances. The
Licensee shall indemnify, defend, and hold the Licensor harmless from all fines, suits,
procedures, claims, and actions of every kind, and all costs associated therewith (including
attorneys' and consultants' fees) arising out of or in any way connected with any deposit,
spill, discharge, or other release of Hazardous Substance that occurs during the term of
this Agreement at or from the Premises, or which arises at any time from the Licensee's
use or occupancy of the Premises. The Licensee's obligations and liabilities set forth in
this Section shall survive the expiration of this Agreement.
16. Assianment and Sublettinq. The Licensee shall not sublet the Premises, nor
any part thereof, nor assign or otherwise dispose of this Agreement or any interest therein,
or any part thereof (whether voluntarily or involuntarily, by operation of law or otherwise)
without the prior written consent of the Licensor in each of the foregoing cases, which
consent may be withheld by the Licensor in its sole discretion.
17. Notices. Any notice, election, communication, request, or other document or
demand required or permitted under this Agreement shall be in writing and shall be given
to the Licensor or the Licensee by certified or registered mail, return receipt requested, and
shall be addressed as follows:
If to the Licensor as follows:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attention: Community Services Administrator
6
If to the Licensee:
James B. Pirtle Construction Company, Inc.
4740 Davie Road
Davie, Florida 333 14
Attention: Dennis Beran
Any party hereto may change the address for service of notice required or permitted
hereunder upon ten (IO) days' prior written notice. All notices given hereunder shall be
effective and deemed to have been duly given only upon receipt by the party to which notice is
being given, said receipt being deemed to have occurred upon such date as the postal
authorities shall show the notice to have been delivered, refused, or undeliverable, as
evidenced by the return receipt.
18. Governinu Laws. This Agreement shall be governed by and shall be
construed in accordance with the laws of the State of Florida. Venue of all proceedings in
connection herewith shall lie exclusively in Palm Beach County, Florida.
19. lnvaliditv of Particular Provisions. If any term or provision of this Agreement
or the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceabie, the remainder of this Agreement or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or unenforceable
shall not be affected thereby, and each term and provision of this Agreement shall be valid
and be enforced to the fullest extent permitted by law.
20. Waiver. Failure on the part of any party to complain of any action or
non-action on the part of any party, no matter how long the same may continue, shall never
be deemed to be a waiver by any party of any of its rights hereunder. No waiver at any
time of any of the provisions by any party shall be construed as a waiver of any of the other
provisions hereunder, and a waiver at any time of any of the provisions of this Agreement
shall not be construed as a waiver at any subsequent time of the same provisions.
21. Entire Aqreement. This Agreement sets forth all the promises, inducements,
agreements, conditions, and understandings between the Licensor and the Licensee
relative to the License granted to the Licensee to use and occupy the Premises, and there
are no promises, agreements, conditions, or understandings, oral or written, express or
implied, between them other than as herein set forth. Except as herein othewise provided,
no subsequent alteration, amendment, change, or addition to this Agreement shall be
binding upon the Licensor or the Licensee unless reduced to writing and signed by the
party to be charged therewith.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as
of the date and year first above written.
Signed, sealed, and delivered
in the presence of:
-
Licensee
Witness 1 "
Print Name: Nwmw
lJ Wness ..
Print Name: WTD
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoin instrument was acknowledged before me isis ?day of 6bfLIuI(c: I 006,
who is as
identification + an w o id (did not) take an oath.
by * a &++I .e , as ?tcsr~cnk of%%% a. lafiPUm hOr7 I
ersonally known to me or who has produced
My Commission Expires:
(Seal)
8
Signed, sealed, and delivered
in the presence of:
By:
Print Name:
Witness Title:
Print Name: Address:
Witness
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
City of Palm Beach Gardens
Approved as to Form and Legal
Sufficiencv:
- City Attorney-
The foregoing instrument was acknowledged before me this - day of , 2006,
by I as of the City of Palm Beach Gardens, a
Florida municipal corporation, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
My Commission Expires:
NOTARY PUBLIC
Print Name:
(Seal)
9
EXHIBIT A
Site Map of the Licensed Premises
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SKETCH OF DESCRIPTION
PURPOSE: Contractor Parking
/Trailer/Laydown Area
DRAWN BY:L
DATE: 06/01 /04 BASE LINE LAND SURVEYORS INC.
NORTH LINE OF OFFICIAL RECORD BOOK 12691 PAGE 1976
3 5
P,
.o
8 NEWEL
CELL TOWER
PARCEL VI
E .. f
I
CHKD. BY:
DATE: PeLPrLpb
N88'28'15'W i- 387.62'
11400 NW 12th STREET PLANTATION, FL 33323
PHONE: (954) 7914389
CERTIFICATE OF AUTHORIZATION NUMBER LE 2628
? \
JOB No. SCALE: SHT.1 -~ N/AOF2
auclow
Contractor Parking
Area
SOUTHLIME OFFICIALRECORDEoo1(
LILAC STREET
WGNA~V~~AND OUIGINAL RAISED SEAL OF A FLCWDA
OT VAUD UNLESS
POINT OF COMMENCEMENT
INTERSECTION OF THE WEST
RIGHTOF-WAYUNE OFINTERSTATE05
(STATE KOA0 9) AND A UNE BEING
1260 FEET NORTHERLY OF AND
PARALLEL W7TH THE SOUTH LINE OF
z1o.m
SKETCH OF DESCRIPTION
PURPOSE: 1111s S Al IIIII I AI21 A
LEGAL DESCRIPTION:
Parcel of land lying in the southeast quarter (SE 4) of Section 12, Township 42
South, Range 42 East, being a portion of land described in official record book
12691 page 1976 of the public records of Palm Beach County, Florida; being more
particularly described as follows:
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Commencing at the intersection of the West Right-of-way line of Interstate 95
(State Road 9) and a line being 1260 feet Northerthly of and parallel with the south
line of Section 12 Township 42 South Range 42 East ; thence N88 "22'05"W,along
said parallel line a distance of 21 0.00 feet to the East line of a parcel of land
described in official record book 12691 page 1976 also being the POINT OF
BEGINNING of the herein described parcel; thence NO1 "37'20"E, along said East
line a distance of 375.00 to the Northwest corner of a parcel of land described in
official record book 5909 page 1662; thence NO1 "37'1 7"E, along the projected said
East line a distance of 126.34 feet ; thence N88 "28'15"W, along a line being South
197.93 feet and parallel with the North line of a parcel of land described in official
record book 12691 page 1976, a distance of 387.62 feet; thence SO1 "37'55"W,
along the West line of said parcel of land a distance of 217.55 feet ; thence S88 O
28'1 YE, a distance of 268.71 feet; thence SO1 "37'1 7"W, a distance of 283.57 feet
to a point on the South line of said parcel of land; thence S88 "22'05"E, along said
South line a distance of 11 8.96 feet to the POINT OF BEGINNING. Bearings
shown hereon are relative to the assumened bearing of S88"22'05"E along the
South line of the parent parcel as recorded in official record book 12691 page 1976
of the public records of Palm Beach County, Florida
Containing 158385.14 square feet or 3.64 acres, more or less .
11400 NW 12th STREET
PLANTATION, FL. 33323 ,.,,'. PHONE: (954) 791-4389 I
CERTIFICATE OF AUTHORIZATION NUMBER LE 2628
EXHIBIT B
Required Site Improvements
1. The Licensee shall submit to the Licensor a temporary fence installation plan,
which will be subject to the City of Palm Beach Gardens permit requirements.
2. The Licensee shall secure the Premises at all times.
3. The Licensee shall keep Lilac Street free of sediments, debris, and trash and
provide proper construction entrance controls.
I1
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 27,2007
Meeting Date: March 15, 2007
Resolution 35, 2007
Resolution 36, 2007
Resolution 37, 2007
SubjectIAgenda Item:
Granting three Non-Exclusive Easements to the School District of Palm Beach County for
the purpose of constructing and maintaining access to Palm Beach Gardens High School
consistent with the proposed site plan for the Palm Beach Gardens High School
Modernization Project
[ X ] Recommendation to APPROVE
[ 3 Recommendation to DENY
Reviewed by:
Daniel P. Clark, P.E.
City Engineer 9-
Originating Dept.:
Community Services
Department
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[ X ] Noti€&
[ ] Not required
-
costs: $o.oo
(Total)
$o.oo
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 35, 2007
Resolution 36, 2007
Resolution 37, 2007
Agreement
[ ]None
Date Prepared: February 28,2007
Meeting Date: March 15, 2007
Resolution 35, 2007
Resolution 36, 2007
Resolution 37, 2007
BACKGROUND:
The City of Palm Beach Gardens is the owner of certain real property located adjacent to
the Gardens High School site. As part of the Palm Beach Gardens High School
Modernization Project, the School District of Palm Beach County plans to construct two
separate access roads across City-owned property. The “West Access Road” (see
attached) will be located on the south side of Lilac Street between Pinehurst Gardens
Townhomes and Gardens Villas. The “East Access Road” (see attached) will be located
on the south side of Lilac Street just east of the parking lot of Gardens Villas and will
include an existing driveway. The extension of the “East Access Road” will also include an
additional 90’ x 50’ parcel adjacent to the school site necessary to accommodate a curve in
the configuration of the “East Access Road”. The 90’ x 50’ parcel is currently utilized to
provide access for existing utilities and there are existing water lines and/or easements
encumbering the West Access Road and the East Access Road. Therefore, staff
recommends approval of a grant of non-exclusive easements only. The School District will
be required to maintain the above-mentioned improvements perpetually.
STAFF RECOMMENDATION: Approve Resolution 35, 2007, Resolution 36, 2007 and
Resolution 37, 2007 as presented.
a - t a f 4 s 4 LL
I ,I
I'
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RESOLUTION 35,2007
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
INGRESS AND EGRESS EASEMENT TO THE SCHOOL DISTRICT
OF PALM BEACH COUNTY FOR THE WEST ENTRANCE TO THE
PALM BEACH GARDENS HIGH SCHOOL SITE FROM LILAC
STREET; AND PROVIDING AN EFFECTIVE DATE.
BEACH GARDENS, FLORIDA GRANTING A NON-EXCLUSIVE
WHEREAS, the City of Palm Beach Gardens is the owner of certain real
property located adjacent to the Palm Beach Gardens High School Site; and
WHEREAS, the School District has requested use of the property to provide
ingress and egress to the Palm Beach Gardens High School Site; and
WHEREAS, the City Council has determined that it is in the best interest of the
City of Palm Beach Gardens to grant a non-exclusive easement for the purposes of
providing ingress and egress to the Palm Beach Gardens High School Site; and
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23 WHEREAS, such Non-Exclusive Ingress and
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prepared and is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE
OF PALM BEACH GARDENS, FLORIDA that:
I
Egress Easement has been
CITY COUNCIL OF THE CITY
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SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby grants a non-exclusive ingress and egress
easement to the School District of Palm Beach County and authorizes the Mayor and
City Clerk to execute such Easement.
SECTION 3. This Resolution shall become effective immediately upon adoption;
provided however, that in the event Resolution 28, 2007 is not approved by City Council,
then in that event this Resolution shall be deemed rescinded and the Easement Agreement
approved hereby shall be of no further effect.
Date Prepared: February 28, 2007
Resolution 35, 2007
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PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
AYE NAY ABSENT
---
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GAattorney-share\RESOLUTIONS\easement to the School Board west lilac entrance - reso 35 2007,doc
2
This instrument prepared by:
and return to:
Christine P. Tatum
City Attorney
10500 North Military Trail
Palm Beach Gardens, FL 33410
Do not write above this line -this space reserved for recording purposes
NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT AGREEMENT
This Easement Agreement (“Agreement”) is made and entered into this day of
, 2007, by and between the City of Palm Beach Gardens, a municipal
corporation organized and existing under the laws of the State of Florida, whose mailing address
is 10500 North Military Trail, Palm Beach Gardens, Florida 3341O(“City”), and the School District
of Palm Beach County, whose mailing address is 3300 Forest Hill Boulevard, West Palm Beach,
Florida 33406 (“School District”).
WHEREAS, the School District, in connection with the modernization of the Palm Beach
Gardens High School site has requested an easement to construct an ingress and egress road
from Lilac Street to the Palm Beach Gardens High School site (“West Entrance”); and
WHEREAS, the City is the fee title owner of certain real property as described in Exhibit
A, attached hereto and made a part hereof, and desires to grant to the School District, its
successors, and assigns a perpetual non-exclusive easement in, on, over, under, and across a
portion of its property for the purposes described herein; and
WHEREAS, the parties desire to establish the rights and responsibilities of the parties
with respect to the easement created herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1 0.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby
agree as follows:
1. The City hereby represents that it is the fee simple owner of the real property
described in Exhibit A, attached hereto and made part hereof (the “Property“); that
it has the right to enter into this Agreement; and that the person signing this
Agreement has the authority to sign and execute this Agreement on behalf of the
City. The City and its successors-in-interest to the City Property are referred to
herein as the “City.”
1
2. The City hereby grants and conveys to the School District, its successors, and
assigns a perpetual non-exclusive easement (hereinafter referred to as the
“Easement“) for access over, on, under, and across the Property, which shall permit
the School District and its officers, agents, employees, servants, and independent
contractors the right and authority to enter upon the Property any time to use, install,
operate, service, maintain, construct, reconstruct, remove, relocate, repair, and
replace an ingress and egress road. The legal description of the Easement is more
specifically described in Exhibit A, and the location of the Easement is depicted on
the location sketch attached hereto as Exhibit B, both of which are made a part
hereof.
3. The School District, its officers, agents, employees, servants, and independent
contractors shall construct, maintain, and repair the ingress and egress road in a
proper operating and reasonably safe condition.
4. Without waiving the right of sovereign immunity as provided by Section 768.28,
Florida Statutes, the School District agrees and warrants to maintain self-insurance
sufficient to cover any and all claims that may arise relating to the School Board’s
use of the Easement. The School Board also agrees to provide a statement of the
self-insurance to the City prior to the School Board’s use of the Easement.
5. The Easement hereby created, granted, and conveyed includes the creation of all
incidental rights and easements reasonably necessary for the use and enjoyment of
the Easement by the School Board for its intended purposes. The Easement shall
be perpetual and non-exclusive, shall be binding upon the City, and shall run with
and be binding upon the Property. The City may, for its own purposes, utilize the
Property and shall retain a right of free ingress and egress under, over, and upon
the Property; provided, however, that the City shall not grant any easement, lease,
license, nor make any covenants or agreements permitting the use or occupancy of
the Easement or Property, which may in any way interfere with or impede the
Easement or the exercise of the rights granted by the City under this Agreement or
which may violate the terms of this Agreement, except as may be necessary to
serve transportation or public utility purposes.
6. This Easement Agreement shall be governed by, construed under, and interpreted
and enforced in accordance with the laws of the State of Florida with venue for any
litigation concerning this Agreement to be in a court of competent jurisdiction
located in Palm Beach County, Florida. The parties hereby consent and submit to
the exclusive jurisdiction of any such court and agree to accept service of process
outside the State of Florida in any matter to be submitted to any such court pursuant
hereto.
7. The prevailing party in any action or proceeding in any court to enforce the terms of
this Agreement shall be entitled to receive its reasonable attorney’s fees and other
reasonable costs and expenses from the non-prevailing party.
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8.
9.
IO.
This Agreement (including the Exhibits) constitutes the entire agreement between
the parties and supersedes all prior written and verbal agreements, representations,
promises, or understandings between the parties. Neither this Agreement nor the
Easement may be terminated and/or otherwise modified except by a writing
executed by the City and School District and recorded in the Public Records of Palm
Beach County, Florida.
Upon full execution by the parties, this Easement Agreement and Exhibits Aand B,
attached hereto, shall be recorded by the City in the Public Records of Palm Beach
County, Florida with the School District to pay the costs of recording.
If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of the Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable will not be
affected, and each provision of this Agreement will be valid and enforceable to the
fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
“SCHOOL DISTRICT” “CITY”
By: By:
Name: Joseph R. Russo, Mayor
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2007, by as of the School District.
1
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
3
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2007, by Joseph R. Russo as Mayor of the City of Palm Beach Gardens, Florida.
I
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
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LEGAL DESCRIPTION:
ORB 5841, PAGE 468
THE EAST 50 FEET OF THE WEST 1146.72 FEET OF THE NORTH 150 FEET OF THE
SOUTH 1200 FEET OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42
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Date Prepared: February 28, 2007
RESOLUTION 36,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA GRANTING A NON-EXCLUSIVE
INGRESS AND EGRESS EASEMENT TO THE SCHOOL DISTRICT
OF PALM BEACH COUNTY FOR THE EAST ENTRANCE TO THE
PALM BEACH GARDENS HIGH SCHOOL SITE FROM LILAC
STREET; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens is the owner of certain real
property located adjacent to the Palm Beach Gardens High School Site; and
WHEREAS, the School District has requested use of the property to provide
ingress and egress to the Palm Beach Gardens High School Site; and
WHEREAS, the City Council has determined that it is in the best interest of the
City of Palm Beach Gardens to grant a non-exclusive easement for the purposes of
providing ingress and egress to the Palm Beach Gardens High School Site; and
WHEREAS, such Non-Exclusive Ingress and Egress Easement has been
prepared and is attached hereto.
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 grants a non-exclusive ingress and egress
easement to the School District of Palm Beach County and authorizes the Mayor and
City Clerk to execute such Easement.
SECTION 3. This Resolution shall become effective immediately upon adoption;
provided however, that in the event Resolution 28, 2007 is not approved by City Council,
then in that event this Resolution shall be deemed rescinded and the Easement Agreement
approved hereby shall be of no further effect.
Date Prepared: February 28, 2007
Resolution 36, 2007
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PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL S UFFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
CO U N C I L M E M B E R LEVY
CO U N C I L M E M B ER VALECH E
---
--- d-
G:\attorney-share\RESOLUTlONS\easernent to the School Board east lilac entrance - reso 36 2007.doc
2
This instrument prepared by
and return to:
Christine P. Tatum
City Attorney
10500 North Military Trail
Palm Beach Gardens, FL
Do not write above this line -this space reserved for recording purposes
I
NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT AGREEMENT
This Easement Agreement (“Agreement”) is made and entered into this day of
, 2007, by and between the City of Palm Beach Gardens, a municipal
corporation organized and existing under the laws of the State of Florida, whose mailing address
is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (“City”), and the School
District of Palm Beach County, whose mailing address is 3300 Forest Hill Boulevard, West Palm
Beach, Florida 33406 (“School District”).
WHEREAS, the School District, in connection with the modernization of the Palm Beach
Gardens High School site has requested an easement to construct an ingress and egress road
from Lilac Street to the Palm Beach Gardens High School site (“East Entrance”); and
WHEREAS, the City is the fee title owner of certain real property as described in Exhibit
A, attached hereto and made a part hereof, and desires to grant to the School District, its
successors, and assigns a perpetual non-exclusive easement in, on, over, under, and across a
portion of its property for the purposes described herein; and
WHEREAS, the parties desire to establish the rights and responsibilities of the parties
with respect to the easement created herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1 0.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby
agree as follows:
1. The City hereby represents that it is the fee simple owner of the real property
described in Exhibit A, attached hereto and made part hereof (the “Property“); that
it has the right to enter into this Agreement; and that the person signing this
Agreement has the authority to sign and execute this Agreement on behalf of the
City. The City and its successors-in-interest to the City Property are referred to
herein as the ‘City.”
1
2. The City hereby grants and conveys to the School District, its successors, and
assigns a perpetual non-exclusive easement (hereinafter referred to as the
“Easement“) for access over, on, under, and across the Property, which shall permit
the School District and its officers, agents, employees, servants, and independent
contractors the right and authority to enter upon the Property any time to use, install,
operate, service, maintain, construct, reconstruct, remove, relocate, repair, and
replace an ingress and egress road. The legal description of the Easement is more
specifically described in Exhibit A, and the location of the Easement is depicted on
the location sketch attached hereto as Exhibit B, both of which are made a part
hereof.
3. The School District, its officers, agents, employees, servants, and independent
contractors shall construct, maintain, and repair the ingress and egress road in a
proper operating and reasonably safe condition.
4. Without waiving the right of sovereign immunity as provided by Section 768.28,
Florida Statutes, the School District agrees and warrants to maintain self-insurance
sufficient to cover any and all claims that may arise relating to the School Board’s
use of the Easement. The School Board also agrees to provide a statement of the
self-insurance to the City prior to the School Board’s use of the Easement.
5. The Easement hereby created, granted, and conveyed includes the creation of all
incidental rights and easements reasonably necessary for the use and enjoyment of
the Easement by the School Board for its intended purposes. The Easement shall
be perpetual and non-exclusive, shall be binding upon the City, and shall run with
and be binding upon the Property. The City may, for its own purposes, utilize the
Property and shall retain a right of free ingress and egress under, over, and upon
the Property; provided, however, that the City shall not grant any easement, lease,
license, nor make any covenants or agreements permitting the use or occupancy of
the Easement or Property, which may in any way interfere with or impede the
Easement or the exercise of the rights granted by the City under this Agreement or
which may violate the terms of this Agreement, except as may be necessary to
serve transportation or public utility purposes.
6. This Easement Agreement shall be governed by, construed under, and interpreted
and enforced in accordance with the laws of the State of Florida with venue for any
litigation concerning this Agreement to be in a court of competent jurisdiction
located in Palm Beach County, Florida. The parties hereby consent and submit to
the exclusive jurisdiction of any such court and agree to accept service of process
outside the State of Florida in any matter to be submitted to any such court pursuant
hereto.
7. The prevailing party in any action or proceeding in any court to enforce the terms of
this Agreement shall be entitled to receive its reasonable attorney’s fees and other
reasonable costs and expenses from the non-prevailing party.
2
8.
9.
IO.
This Agreement (including the Exhibits) constitutes the entire agreement between
the parties and supersedes all prior written and verbal agreements, representations,
promises, or understandings between the parties. Neither this Agreement nor the
Easement may be terminated and/or otherwise modified except by a writing
executed by the City and School District and recorded in the Public Records of Palm
Beach County, Florida.
Upon full execution by the parties, this Easement Agreement and Exhibits Aand B,
attached hereto, shall be recorded by the City in the Public Records of Palm Beach
County, Florida with the School District to pay the costs of recording.
If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of the Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable will not be
affected, and each provision of this Agreement will be valid and enforceable to the
fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
“SCHOOL DISTRICT” “CITY”
By:
Name:
Title:
By:
Joseph R. Russo, Mayor
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2007 , by as of the School District.
1
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
3
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
2007, by Joseph R. Russo as Mayor of the City of Palm Beach Gardens, Florida.
1
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
4
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EXHIBIT A
LEGAL DESCRIPTION:
ORB 5841, PAGE 468
THE WEST 50 FEET OF THE EAST 1117.22 FEET OF THE NORTH 150 FEET OF THE
SOUTH 1200 FEET OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA.
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PROJECT-NAME:
DESCRIPTION FOR:
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PARCEL 52 42 42 12 00 000 5020
REVISIONS: CONSULTING CIVIL ENGINEERS, Scale: N/A
SURVEYORS h MAPPERS
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FIE NO. Project No.
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(772) 286-3883 Fax: (772) 286-3925
BPR dr FBPE License No: 959 m.lbfh.com Checked: RS
-..-..-..-
EXHIBIT B EAST LINE SOUTHEAST
..-..-..-..- QUARTER - . . - . . 12/42/42 . . - . . - . . - ..--..-
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QUARTER 12/42/42
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PROJECT NAME:
SKETCH FOR:
CITY OF PALM BEACH GARDENS
PARCEL 52 42 42 12 00 000 5020
CONSULTING CIVIL ENGINEERS, Scale: N/A REVISIONS:
Sheet 1 OF 1 Field Book N/A Page: N/A Field: N/A
3550 S.W. Corpomta Parkway. Palm city, norida 34990 Computed: CK Date FILE NO. Project No.
www.lbfh.com Checked: RS 3/0 1 /07 245591g102 24559 (772) 286-3883 Fax: (772) 286-3925
BPR & FBPE Ucenre No: 959
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RESOLUTION 37,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
INGRESS AND EGRESS EASEMENT TO THE SCHOOL DISTRICT
OF PALM BEACH COUNTY FOR THE EXTENSION OF THE EAST
ENTRANCE TO THE PALM BEACH GARDENS HIGH SCHOOL
SITE; AND PROVIDING AN EFFECTIVE DATE.
BEACH GARDENS, FLORIDA GRANTING A NON-EXCLUSIVE
WHEREAS, the City of Palm Beach Gardens is the owner of certain real
property located adjacent to the Palm Beach Gardens High School Site; and
WHEREAS, the School District has requested use of the property to provide
ingress and egress to the Palm Beach Gardens High School Site; and
WHEREAS, the City Council has determined that it is in the best interest of the
City of Palm Beach Gardens to grant a non-exclusive easement for the purposes of
providing ingress and egress to the Palm Beach Gardens High School Site; and
WHEREAS, such Non-Exclusive Ingress and Egress Easement has been
prepared and is attached hereto.
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 grants a non-exclusive ingress and egress
easement to the School District of Palm Beach County and authorizes the Mayor and
City Clerk to execute such Easement.
SECTION 3. This Resolution shall become effective immediately upon adoption;
provided however, that in the event Resolution 28, 2007 is not approved by City Council,
then in that event this Resolution shall be deemed rescinded and the Easement Agreement
approved hereby shall be of no further effect.
Date Prepared: February 28, 2007
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CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
-- -
Date Prepared: February 28, 2007
Resolution 37, 2007
PASSED AND ADOPTED this day of , 2007.
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
-- AYE NAY ABSENT
d
G:\attorney-share\RESOLUTIONS\easement to the school board east entrance extension- reso 37 2007.doc
2
This instrument prepared by:
and return to:
Christine P. Tatum
City Attorney
10500 North Military Trail
Palm Beach Gardens, FL 33410
Do not write above this line -this space reserved for recording purposes
I
NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT AGREEMENT
This Easement Agreement (“Agreement”) is made and entered into this day of
, 2007, by and between the City of Palm Beach Gardens, a municipal
corporation organized and existing under the laws of the State of Florida, whose mailing
address is 10500 North Military Trail, Palm Beach Gardens, Florida 3341 O(“City”), and the
School District of Palm Beach County, whose mailing address is 3300 Forest Hill
Boulevard, West Palm Beach, Florida 33406 (“School District”).
WHEREAS, the School District, in connection with the modernization of the Palm
Beach Gardens High School site has requested an easement to construct an ingress and
egress road from Lilac Street to the Palm Beach Gardens High School site (“Extension of
the East Entrance”); and
WHEREAS, the City is the fee title owner of certain real property as described in
Exhibit A, attached hereto and made part hereof, and desires to grant to the School
District, its successors, and assigns a perpetual non-exclusive easement in, on, over,
under, and across a portion of its property for the purposes described herein; and
WHEREAS, the parties desire to establish the rights and responsibilities of the
parties with respect to the easement created herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($1 0.00) and other
good and valuable consideration, the receipt of which is hereby acknowledged, the parties
hereby agree as follows:
1. The City hereby represents that it is the fee simple owner of the real property
described in Exhibit A, attached hereto and made part hereof (the “Property”);
that it has the right to enter into this Agreement; and that the person signing
this Agreement has the authority to sign and execute this Agreement on behalf
of the City. The City and its successors-in-interest to the City Property are
referred to herein as the “City.”
1
2. The City hereby grants and conveys to the School District, its successors, and
assigns a perpetual non-exclusive easement (hereinafter referred to as the
“Easement“) for access over, on, under, and across the Property, which shall
permit the School District and its officers, agents, employees, servants, and
independent contractors the right and authority to enter upon the Property any
time to use, install, operate, service, maintain, construct, reconstruct, remove,
relocate, repair, and replace an ingress and egress road. The legal description
of the Easement is more specifically described in Exhibit A, and the location
of the Easement is depicted on the location sketch attached hereto as Exhibit
B, both of which are made a part hereof.
3. The School District, its officers, agents, employees, servants, and independent
contractors shall construct, maintain, and repair the ingress and egress road in
a proper operating and reasonably safe condition. The School District shall
also maintain in perpetuity the existing drainage facilities located within the
Easement and on that certain real property with Palm Beach County Property
Appraiser Parcel Identification Number 5242421 2000005480, and shall ensure
the continued operation of those drainage facilities consistent with the level of
service established by the City.
4. Without waiving the right of sovereign immunity as provided by Section
768.28, Florida Statutes, the School District agrees and warrants to maintain
self-insurance sufficient to cover any and all claims that may arise relating to
the School Board’s use of the Easement. The School Board also agrees to
provide a statement of the self-insurance to the City prior to the School
Board’s use of the Easement.
5. The Easement hereby created, granted, and conveyed includes the creation of
all incidental rights and easements reasonably necessary for the use and
enjoyment of the Easement by the School Board for its intended purposes.
The Easement shall be perpetual and non-exclusive, shall be binding upon the
City, and shall run with and be binding upon the Property. The City may, for
its own purposes, utilize the Property and shall retain a right of free ingress
and egress under, over, and upon the Property; provided, however, that the
City shall not grant any easement, lease, license, nor make any covenants or
agreements permitting the use or occupancy of the Easement or Property,
which may in any way interfere with or impede the Easement or the exercise of
the rights granted by the City under this Agreement or which may violate the
terms of this Agreement, except as may be necessary to serve transportation
or public utility purposes.
2
6.
7.
0.
9.
This Easement Agreement shall be governed by, construed under, and
interpreted and enforced in accordance with the laws of the State of Florida
with venue for any litigation concerning this Agreement to be in a court of
competent jurisdiction located in Palm Beach County, Florida. The parties
hereby consent and submit to the exclusive jurisdiction of any such court and
agree to accept service of process outside the State of Florida in any matter to
be submitted to any such court pursuant hereto.
The prevailing party in any action or proceeding in any court to enforce the
terms of this Agreement shall be entitled to receive its reasonable attorney’s
fees and other reasonable costs and expenses from the non-prevailing party.
This Agreement (including the Exhibits) constitutes the entire agreement
between the parties and supersedes all prior written and verbal agreements,
representations, promises, or understandings between the parties. Neither
this Agreement nor the Easement may be terminated and/or otherwise
modified except by a writing executed by the City and School District and
recorded in the Public Records of Palm Beach County, Florida.
Upon full execution by the parties, this Easement Agreement and Exhibits A
and B, attached hereto, shall be recorded by the City in the Public Records of
Palm Beach County, Florida with the School District to pay the costs of
recording .
IO. If any provision of this Agreement is invalid or unenforceable with respect to
any party, the remainder of the Agreement or the application of such provision
to persons other than those as to whom it is held invalid or unenforceable will
not be affected, and each provision of this Agreement will be valid and
enforceable to the fullest extent permitted by law.
3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day
and year first above written.
“SCHOOL DISTRICT”
By:
Name:
Title:
“CITY”
By:
Joseph R. Russo, Mayor
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
the School District.
,2007, by as of
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
Gardens, Florida.
,2007, by Joseph R. Russo as Mayor of the City of Palm Beach
(AFFIX NOTARY SEAL)
Notary Public
Printed Name:
4
EXHIBIT A
TO EASEMENT AGREEMENT
(RESOLUTION 37,2007)
LEGAL DESCRIPTION:
THAT PART OF THE NORTH 80.12 FEET OF THE SOUTH 1050 FEET OF THE WEST 50 FEET
OF THE EAST 867.22 FEET OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH 80.12 FEET OF THE SOUTH 1050
FEET OF THE WEST 50 FEET OF THE EAST 867.22 FEET OF THE SOUTHEAST QUARTER OF
SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST;
THENCE SOUTH 88'22'06" EAST ALONG THE SOUTH LINE OF THE NORTH 80.12 FEET OF THE
SOUTH 1050 FEET OF THE WEST 50 FEET OF THE EAST 867.22 FEET OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, A DISTANCE OF 40.00
FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIAL BEARING OF NORTH 88'25'57" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 45 FEET,
THROUGH A CENTRAL ANGLE OF 83'37'43", AN ARC DISTANCE OF 65.68 FEET TO THE
WEST LINE OF THE NORTH 80.12 FEET OF THE SOUTH 1050 FEET OF THE WEST 50 FEET
OF THE EAST 867.22 FEET OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 42
SOUTH, RANGE 42 EAST;
THENCE SOUTH 01'33'34" WEST ALONG SAID WEST LINE, A DISTANCE OF 44.68 FEET TO
THE POINT OF BEGINNING.
LYING IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.
CONTAINING 1365 SQUARE FEET, MORE OR LESS.
@2W7 LBFH Inc.
SURVEYOR AND MAPPER'S SIGNATURE PROJECT NAME:
SKETCH AND DESCRIPTION FOR:
CITY OF PALM BEACH GARDENS
1. UNLESS IT BEAMi THE SIGNATURE AND ORIGINAL RAlsED sc4L OF
A FWUM UbyHsED SURVEYOR AND MAPPER, THIS MAP/REPORT IS FOR IN- PURPOSES ONLY AND IS NOT VAUD. 1. No SEARCH Or-THE PUBUC HAS BEEN MADE BYTHIS OFFICE. (PALM BEACH GARDENS HIGH SCHOOL PARCEL)
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 21,2007
Meeting Date: March 15,2007
Ordinance 11,2007
SubjecUAgenda Item: Ordinance 11,2007, amending the Fiscal Year 2006/2007 Budget
[ X 3 Recommendation to APPROVE
11 Recommendation to DENY
3eviewed by:
Xy Attorney
lepartrnent Director
ipproved by:
,&4
:ity Manahr
Originating Dept.:
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[ ] Notified
7
[ ] Not required
costs: $ 0
(Total)
$0
Current FY
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments :
Ordinance 11, 2007
Exhibit “1 ”
[ ]None
Date Prepared: February 21,2007
Meeting Date: March 15, 2007
Ordinance 11,2007
BACKGROUND:
This Ordinance amends the FY 2006/2007 budget in the following areas:
Fund balance carryovers are adjusted to actual amounts per the fiscal 2006 audit, as
detailed in the attached Exhibit "1 ".
Records the following grant activity awarded to the City and the associated expenditures: . Bellewood Canal Grant $1 35,956 . FDLE Local Law Enforcement Block Grant $ 10,000 . Homeland Security Program Grant $ 18,540 . Buffer Zone Protection Program Grant $ 50,000 . Ft. Lauderdale UASl Grant Program $ 12,000 . FFHR Fireman's Fund Grant $ 5,000
STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 11 , 2007
for first reading.
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ORDINANCE 11,2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM
BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,2006, AND ENDING SEPTEMBER 30,2007, INCLUSIVE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a
Budget for the 2006/2007 Fiscal Year; and
WHEREAS, the City Council has determined that an amendment needs to be made
to the previously adopted Fiscal Year 2006/2007 Budget; and
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.
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 hereby amends the revenues and expenditures listed
in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of
Palm Beach Gardens for the Fiscal Year October 1, 2006, through September 30, 2007,
in cI usi ve .
SECTION 3. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: February 21,2007
Ordinance 11,2007
PASS ED this day of , 2007, upon first reading.
PASSED AND ADOPTED this day of , 2007, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
FOR AGAINST ABSENT
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\budget amendment 2006-07 - Ord 11 2007.doc
2
City of Palm Beach Gardens
Budget Amendment - Ordinance 12,2007
FYE 09/30/07
Exhibit "1"
Expenditures (Uses)
Reserves 001.0900.519.9920
Police Equipment 001.1000.521.6400
Police Equipment 001.1040.521.6400
Police Equipment 001.1230.522.6420
CIP 001.3040.541.6900 pub0088
Revenues (Sources)
Donations-Fire Department 001.0000.366.0000
State Grant Revenues 001.0000.334.1000
Federal Grants General Gov't 001 .OO00.331 .lo00
Fund Balance Carryover 001.0000.389.0000
Increase (Decrease)
231 9,678
18,540
62,000
5,000
135,956
5,000
62,000
154,496
2,819,678
4 . ~ , I , . I z< .? r . 4' ,,, , Gas Tax Fund
Expenditures (Uses)
Reserves 103.3000.539.9920
Increase (Decrease)
307,863
Revenues (Sources)
Fund Balance Carryover 103.0000.389.0000 307,863
Recreation Programs Fund
Expenditures (Uses)
Reserves 104.0900.519.9920
Increase (Decrease)
147,272
Revenues (Sources)
Fund Balance Carryover 104.0000.389.0000 147,272
Police Training Fund
Expenditures (Uses)
Reserves 002.1000.521.9920
Increase (Decrease)
6,697
Revenues (Sources)
Fund Balance Carryover 002.0000.389.0000 6,697
Page 1 of 3
City of Palm Beach Gardens
Budget Amendment - Ordinance 12,2007
FYE 09/30/07
Exhibit "1 I'
Expenditures (Uses)
Reserves 304.1400.515.9920
Increase (Decrease)
72,629
Revenues (Sources)
Fund Balance Carryover 304.0000.389.0000 72,629
Expenditures (Uses)
Reserves 305.0900.541.9920
Increase (Decrease)
(519,113)
Revenues (Sources)
Fund Balance Carryover 305.0000.389.0000 (579,113)
I- i- Police Impact Fund
CIP
Expenditures (Uses)
302.1000.521.6900 pol0082
Increase (Decrease)
(54,486)
Revenues (Sources)
Fund Balance Carryover 302.0000.389.0000 (54,486)
Expenditures (Uses)
303.1200..521.9920
Increase (Decrease)
(9,658)
Revenues (Sources)
Fund Balance Carryover 303.0000.389.0000 (9,658)
*'a' ' '
d * , .A a' I. Recre%on Impact Fund
Expenditures (Uses)
CIP 301.200.572.6900 rec0043
Reserves 301.2000.572.9920
Increase (Decrease)
(1,353,931)
932,054
Revenues (Sources)
Fund Balance Carryover 301.0000.389.0000 (123,877)
Page 2 of 3
City of Palm Beach Gardens
Budget Amendment - Ordinance 12,2007
FYE 09/30/07
Exhibit "1"
Increase (Decrease)
Expenditures (Uses)
Contractual Services 308.0900.519.3400
Revenues (Sources)
Fund Balance Carryover 308.0000.389.0000 (1,100)
Increase (Decrease) I I
Expenditures (Uses)
Reserves 309.0900.519.9920 (218,247)
Revenues (Sources)
Fund Balance Carryover 309.0000.389.0000 (218,247)
Expenditures (Uses)
Reserved Net Assets 501.3020.539.9921
Increase (Decrease)
(261,403)
Revenues (Sources)
Fund Balance Carryover 501.0000.389.0000 (261,403)
'P f , Police Grant Fund
Increase (Decrease) I
Equipment
Expenditures (Uses)
101.1080.521.6400 10,000
Revenues (Sources)
Police Grants 101.0000.331.9000 10,000
Expenditures (Uses)
Salaries 106.2550.572.1210
Reserves 106.2500.572.9920
Increase (Decrease)
(1 8,214)
(40,582)
Revenues (Sources)
Fund Balance Carryover 106.0000.389.0000 (58,796)
Page 3 of 3
City of Palm Beach Gardens
Council Agenda
March 15,2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Barnett
Council Member Jablin
Council Member Levy
Council Member Valeche
I.
II.
m.
N.
V.
VL
VIL
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 15,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. Honda Classic Video Clip
b. Police Department Accreditation
ITEMS OF RESIDENT INTEREST AND BOARD/COMMH'TEE REPORTS:
CITY MANAGER REPORT
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit
reauest form to the Citv Clerk Drior to this Item)
MTL CONSENT AGENDA:
M. PUBLICEEARINGS:
Part I-
-:Staff .. port on Page 6, Ordiit: e OII Page 54j
reading and adoption) Updating tht; procedures and gUIuCIIIIC3 Lu LuC CiLy Art in
Public Places program. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida relating to Art in Public Places to clarify and update the
procedures and guidelines applicable to the City’s Art in Public Places program;
repealing Section 78-261, Code of Ordinances entitled “Definitions”; Repealing
Section 78-262, Code of Ordinances entitled “Fee Imposed on Developments”;
creating a new Section 78-261, Code of Ordinances to be entitled “Art in Public
Places Requirements”; creating a new Section 78-262, Code of Ordinances to be
entitled “Standards for Artwork”; creating a new Section 78-263, Code of
Ordinances to be entitled “Waivers”; providing for codification; and providing an
effective datd
1otnlI l\clJult on Page 40. Ordinnnte on Pnge 45, drdinance 5, - (2nd
a-qding and adoption) Amending Chart of Permitted Uses. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida related to permitted uses
in the professional oftice (PO) Zoning District; amending Section 78-159, Code
of Ordinances, entitled “Permitted Uses, Minor, and Major Conditional Uses, and
Prohibited Uses”; providing for codification; and providing an effective date I
- Oua judicii
@&ff Re rt on Pilg 50, 102, R )Itition on Page 10s)
Ordinz 2007 Servia ‘?,on PP-qed Unit *
-veloplll=le An Ordmce of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; rezoning a parcel of land consisting
approximately of 0.80 acres, generally located at the Southeast comer of PGA
oulevard and Prosperity Farms Road, as more particularly described herein, B fiom General Commercial (CG-1) to a Planned Unit Development (PUD) overlay
with underlying General Commercial (CG-I) mning,to be referred to as the
“Sunoco Service Station”; amending the Zoning district map; and providing an
effective datl
A ,
&z :
Resolution 19,2007 is a companion item to Ordinance 2,2007 and will
require Council action at second reading.
Resolution 19, 2007 - Sunow Service Station Planned Unit Development‘ - A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and major conditional use for the 0.80-acre parcel of land,
generally located at the Southeast corner of PGA Boulevard and Prosperity Farms
Road, as more particularly described herein, to be referred to as the “Sunoco
Service Station”; allowing the redevelopment of the existing convenience store
with gas sales; providing for waivers; providing for conditions of approval; and
providing an effective date.
Staff Report on Pape 114, Ordinance on Page 162, Resolution on PaPe 166)
11“ reading) - Redevelopment of Palm Beach Gardens High
I
Winattce 12,2007
School 4n Ordinance of-the City ~0una1 ot the city ot yam ~eacn -dens,
Florida relating to rezoning; rezoning a Planned Unit Development with
underlying Public or Institutional zoning to allow the demolition and
redevelopment of the existing Palm Beach Gardens High
School, generally located at the Southeast corner of Lilac Street and Mi1itm-v
Mil, as more partiarlady described herein; and movidina an effective date.
Resolution 28,2007 is a companion item to Ordinance 12,2007 and will
require Council action at second reading.
Resolution 28, 2007 - Redevelopment of Palm Beach Gardens High School - A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and a major conditional use for the 39.74-acre parcel of
land, generally located at the Southeast comer of Lilac street and Military trail, as
more particularly described herein, to be referred to as the “Palm Beach Gardens
High School”; allowing the redevelopment of the existing high school; providing
for a waiver; providing for conditions of approval; and providing an effective
date.
X. RESOLUTIONS:
a. [Staff Report on Page 173, Resolu ;e 175) Resolution 11, 2007 -
Elected OfIker’s Classification in the kRS. A Kesolution of the City Council of
the City of Palm Beach Gardens, Florida designating its elected positions for
inclusion in the Elected Officers Class of the Florida Retirement System; and
providing an effective date.
n on I
@& P
b.
C.
POSSO-I1
5-Q
(Staff Report on Page 177, Resolution on Page 179) Resolution 33, 2007 -
Agreement with James B. Pirtle Construction Company. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a License
Agreement with James B. Pirtle Construction Company, Inc. for 3.17 acres of
City-owned land located on Lilac Street for the purpose of assisting the School
District of Palm Beach County with the Palm Beach Gardens High School
Modernization Project; and providing an effective date.
(Staff Report on Paee 194, Resolution on Page 197) Resolution 35, 2007 -
Granting Non-Exclusive Easement number one, to the School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the West entrance to the Palm Beach
Gardens High School Site fkom Lilac Street; and providing an effective date.
d.
e.
Resolul I on Pag! - Resolution 36, 2007 -
wantingNon-Exciusive mkment numoer two, to tne School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the East entrance to the Palm Beach
Gardens High School Site fiom Lilac Street; and providing an effective date.
[Staff Report on Paee 194, Resolution on Page 213) Resolution 37, 2007 -
Granting Non-Exclusive Easement number three, to the School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the extension of the East entrance to the
Palm Beach Gardens High School Site; and providing an effective date.
XL ORDINANCES: (For Consideration on First Reading)
[Staff Report on Page 221, Ordiniti~ce on Page 223) Ordinance 11, 2007 -
Amending the Fiscal Year 2006/2007 Budget. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ Budget for the fiscal year beginning October 1, 2006, and ending
September 30,2007, inclusive; and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT
XVI. ADJOURNMENT
PLEASE TA&E NOTICE AND BE ADVISED that if any inter& party wishes to appeal
any decision made by the City Council with respect to any collsidered 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 &stimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286 26, Flori& States,
persons with &abilities dng special acconunohtw * ns in order to participate in this
proceeding are ena‘rtled to thepmvision of certain (IssjstMce at no cost Rhse call the City
Clerk’s me at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agenda
March 15,2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Barnett
Council Member Jablin
Council Member Levy
Council Member Valeche
I.
11.
111.
IV.
7: of
V.
VI.
VII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 15,2007
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. Honda Classic Video Clip
b. 4 Police Department Accreditation
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
CITY MANAGER REPORT:
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:
IX. PUBLIC HEARINGS:
jStaff ,Remart Qn Page 6. Ordinanee on Paee 24) Ordinance 1, 2007 - (2nd
reading and adoption) Updating the procedures and guidelines to the City Art in
Public Places program. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida relating to Art in Public Places to clarify and update the
procedures and guidelines applicable to the City’s Art in Public Places program;
repealing Section 78-26 1, Code of Ordinances entitled “Definitions”; Repealing
Section 78-262, Code of Ordinances entitled “Fee Imposed on Developments”;
creating a new Section 78-261, Code of Ordinances to be entitled “Art in Public
Places Requirements”; creating a new Section 78-262, Code of Ordinances to be
entitled “Standards for Artwork”; creating a new Section 78-263, Code of
Ordinances to be entitled “Waivers”; providing for codification; and providing an
effective date.
q:dY a-
(’*
b. (Strfll~~rt on Page, 40. Orwee on PEP e 4 51 Ordinance 5, 2007 - (2nd
Reading and adoption) Amending Chart of Permitted Uses. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida related to permitted uses
in the Professional Office (PO) Zoning District; amending Section 78- 159, Code
of Ordinances, entitled “Permitted Uses, Minor, and Major Conditional Uses, and
Prohibited Uses”; providing for codification; and providing an effective date.
4: ld
$- 0
a. t on Page 50, Ordin anct on Bane 102, ResoIutlon on P~QC 105)
Ordinance 2, 2007 - (lst reading) Sunoco Service ’Station Pl&ed Unit
Development - An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; rezoning a parcel of land consisting
approximately of 0.80 acres, generally located at the Southeast corner of PGA
Boulevard and Prosperity Farms Road, as more particularly described herein,
from General Commercial (CG- 1) to a Planned Unit Development (PUD) overlay
with underlying General Commercial (CG-1) zoning, to be referred to as the
“Sunoco Service Station”; amending the zoning district map; and providing an
effective date.
9v
S- *
Resolution 19,2007 is a companion item to Ordinance 2,2007 and will
require Council action at second reading.
Resolution 19, 2007 - Sunoco Service Station Planned Unit Development’ - A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and major conditional use for the 0.80-acre parcel of land,
generally located at the Southeast corner of PGA Boulevard and Prosperity Farms
Road, as more particularly described herein, to be referred to as the “Sunoco
Service Station”; allowing the redevelopment of the existing convenience store
with gas sales; providing for waivers; providing for conditions of approval; and
providing an effective date.
b.
e12, 2007 - (1“ reading) - Redevelopment of Palm Beach Gardey High
166)
4,’ 4g School - An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida relating to rezoning; rezoning a Planned Unit Development with
underlying Public or Institutional zoning to allow the demolition and f 6 redevelopment of the existing Palm Beach Gardens High
School, generally located at the Southeast corner of Lilac Street and Military
Trail, as more particularly described herein; and providing an effective date.
ort an P age 11 4. Ordinance on Pane 162. Reso Illtion Qn P
Resolution 28,2007 is a companion item to Ordinance 12,2007 and will
require Council action at second reading.
Resolution 28, 2007 - Redevelopment of Palm Beach Gardens High School - A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the site plan and a major conditional use for the 39.74-acre parcel of
land, generally located at the Southeast corner of Lilac street and Military trail, as
more particularly described herein, to be referred to as the “Palm Beach Gardens
High School”; allowing the redevelopment of the existing high school; providing
for a waiver; providing for conditions of approval; and providing an effective
date.
X. RESOLUTIONS:
a. sat on PSPC 1 73, Reaolu tim on Pave 175) Resolution 11, 2007 -
Eficer’s Classification in the FRS. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida designating its elected positions for
inclusion in the Elected Officers Class of the Florida Retirement System; and
providing an effective date.
b. rt on Pane 177. Rea ka on P age 17 91 Resolution 33, 2007 -
=with James B. Pirtle Co%uction Company. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a License
Agreement with James B. Pirtle Construction Company, Inc. for 3.17 acres of
City-owned land located on Lilac Street for the purpose of assisting the School
District of Palm Beach County with the Palm Beach Gardens High School
Modernization Project; and providing an effective date.
C. ort OR Pgp,e 1 94. Rcsolu tion QU Pane 197) Resolution 35, 2007 -
Granting Non-Exclusive Easement number one, to the School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the West entrance to the Palm Beach
Gardens High School Site from Lilac Street; and providing an effective date.
d. t an P ace 194, Res olution on P ret 2051 Resolution 36, 2007 -
Granting Non-Exclusive Easement number two, to the School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the East entrance to the Palm Beach
Gardens High School Site from Lilac Street; and providing an effective date.
e. Renart on P age 19 4. Resnlu tiaa on lp age 2131 Resolution 37, 2007 -
Granting Non-Exclusive Easement number three, to the School District of Palm
Beach County. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida granting a Non-Exclusive Ingress and Egress Easement to the
School District of Palm Beach County for the extension of the East entrance to the
Palm Beach Gardens High School Site; and providing an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
a. 1 a Ordinance 11, 2007 -
Amending the Fiscal Year 2006/2007 Budget. An Ordinance of the City Council
of the City of Palm Beach Gardens, Florida amending the City of Palm Beach
Gardens’ Budget for the fiscal year beginning October 1, 2006, and ending
September 30, 2007, inclusive; and providing an effective date.
XII. ITEMS FOR COUNCIL ACTIONlDISCUSSION:
XIII. CITY ATTORNEY REPORT:
XVI. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print )‘ , J Name: /A+ ,./: /! */ > * 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 i City: nc- 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 Address: 1 ow L ad+id 14\r(.Gc- 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.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: c 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: CHRD! E5fraaCk Address: 3O9 R/h?r3;A- $4 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: - City: R 6. Subject: 3 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.
CITY COUNCIL MEETING 03/15/07
PROPOSED ADDITIONS, DELETIONS A3D MODIFlCATlONS
ADDITIONS :
DELETIONS:
MODIFICATIONS:
Under IV - AnnouncementsD'resentations
Catalfumo Construction and Development are here
tonight to present their plan for Parcel 5B.
Also in attendance is Kim Delaney fiom Treasure
Coast Regional Planning Council to answer any
questions on the (TOD) Transit Onented
Development on Parcel 5B
NONE
NONE
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Construction and Development, Inc. CONSTRUCTION DEVELOPMENT - MANAGEMENT I
Via Hand Delivery
March 15, 2007
Ms. Kara Irwin
Growth Management Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: PGA Professional & Design Center
AlPP & Building 1 Signage
Dear Ms. Irwin:
We would like to request the Council’s consideration for two issues associated to the PGA
Professional and Design Center. The first issue relates to the project‘s AIPP as the Development
Order currently requires that the Art for the project be installed prior to the CO for the Building 1
(Catalfumo HQ). However, due to the City’s request to allow for the future Tri-Rail station, we
changed the phasing for the entire project and now this condition will not be met as planned.
Currently, in order for the company to move into our headquarters on time, we are required to pay
the AlPP fee rather than install the art. As you are all aware, the comer of PGA Boulevard and
RCA Boulevard is one of the most prominent comer’s in the CiQ. and this is where we plan on
installing the art in the near future. We would like to request that the Council make a
recommendation to return the fee to owner so that it can be incorporated into the overall art budget.
allowing for an even greater piece of art at this significant location.
Our second issue relates to an upcoming waiver petition relating to Catalfumo Headquarters
Building ID signage. I worked with staff extensively 2-3 years ago to approval to obtain approval
of the Catalfumo signage, however, due to a misinterpretation of the signage code, the proposed
sign for the faqade facing PGA and RCA Boulevard still requires a waiver as it exceeds 90 SF
requirement. It should be noted that although the sign exceeds the 90 SF maximum, it meets the
3% of the faqade requirement, making it appropriate for the size of the Building. Due to timing
constraints related to the construction of the sign and our scheduled move-in date, we would like to
ask the Council for early consideration of the proposed waiver. Please be aware that we designed
our building to allow for the same sign facing 1-95. I have attached the signage plans along with
the building elevations indicating that the sign is appropriate to the size of the building.
!fyou have any questions or require additional information, p!ease dn not hesitate to contact me at
694-8843.
Remectfullv Submitted.
jeffery P. Marshaii
Vice President
Land Development
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