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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 7 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 8 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 . \ 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. . .. 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. 12 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. 14 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) 0 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 . 16 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. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 27 29 30 31 33 34 35 36 37 39 40 41 42 43 44 45 46 28 (1) 32 (2) 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 2 Date Prepared: October 19,2006 Ordinance 1, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 19, 2006 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. 4 Date Prepared: October 19,2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3. 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. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 19,2006 Ordinance 1,2007 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 6 Date Prepared: October 19,2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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: 7 Date Prepared: October 19,2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 8 Date Prepared: October 19,2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (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 9 Date Prepared: October 19,2006 Ordinance 1, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (3) 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) 10 Date Prepared: October 19,2006 Ordinance 1,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 28 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 i Q L 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 46.68 FEET TO THE POINT OF BEGINNING. POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE: tt1 P- I *rl I! - i ?e ii li .--.. , i I I I I I I I I I i j I I I ! .- I I -+ e .. _. . .. , .. .. . , .-.- -.. . , , L .. .. . . 8 PROSPERITY FARMS ROAD tnnwm R/W - iio* b WNU. nOn-OF-WAY 1 PER O.R.B. 2.225 PYX S38 (124' DISllNG R/W - 85' ROUI R/W t 3# CANAL R/W) 4 I Is, _____I/ c- I ----r 4 4 RICHARD WENSINO ARCHTECTI & PLA-RI. PA 7 ,SUNOCO - CONVENIENCE STORE, 1 f 1 c _. . . \. . , \/ I I +- - r I I I I I I I I I I I I .; ..:.:. ; ;: ..; ..; . : . ; .:. .; ..:...:. * . - i! i:::: :i: . . . . . . . . . . . ...e. ....... . . . .. .- .. . . . .. il L .... r - i I I -7 I I I I I I I I I I I I -- - 4m C -I 1 I .. ,.&.-*... .. . ... ., F9. .... .... .. . :. ......... .... .. ., .. ....... .. .![ . ... ::.: ;y’. ......... ......... t ‘1 { .. Is; 9& 1s-r J‘ P - 5’4 i t 9 4 I v 4 I I I I i _CllNncTn - eONVENIECE STORE (1 RICHARD WENSING A 1 A . I. I d . L: I c --w f 0 Tu I R i 4 r- I - I I I I I I I I 6 I I I I I I I I I I I I I P I I I I I I I I I h I r / / F/ / a E marcruL/mmounrrw 1%- I- RICHARD WENSINQ --'-aT- ucI.RcT. -8, PA SUNOCO - CONVENIENCE STORE CW RWD k co* KIP PWa*ol-- PROSPERITY FARMS ROAD 'c ULTIMATE R/W=1 10' (1 24' EXISTING R/W=85' ROAD R/W + 39' CANAL R/W) c I' I/ I I \ \ \ \ \ \ \ \ \ \ \ I I N 4 0 U 0. n Lo I I / J / / P m m o? I / / / I I ttt I I II 0 o a - 0 m m P r * L" Lj 0 0 0 mr' E 00 m * f U N- n m u 0 u B N 0 00 m ,L w m- 9 v 0 7 mp n D E D -- I 11 I I +I I I I r r I __ t II I I :- !El ~~ ZloloAl FLOOR RAN un DnW RICHARD WENSING ARCHITECTS & PLANNERS, PA 001 mmwan P~WAV. M m SUNOCO - CONVENIENCE STORE MET PALM BEAU RWA -ZW --PI0 M-ooo6Wi PAul BEACH WENS, FLORAU PROS'ENN FARUS R(uD & PGA ELM, 12-2-0 II PROSPERITY FARMS ROAD (124' msnw ~/w-es' ULTIUITE R/W=llO' RMD R/rv + 39' Cw4i R/WI c .- - - __ c I; ,' / / i 1 I '! I I I i I I i ttt / , I I I I i I 1 , i I 1 I I ! I I , p - i 7 b L Q I fi It ---I t I I \II I it I CITY OF PALM BCCI GDNS FEB 09 2007 sunoco Palm Beach Gardens, Florida I I I' L I A ,: . ... .... '. . ... , .e . .. .. *. .. .. .. *. :I . .< .. .* ' .. ... .-' : . > Q . ?. .. , c ,- :'.; 2 ........ a . : CI . .: a .' . .,. . * . ... , / ... . -, . ..... .... ... ... ... .. ,. . .. :: ,. . 8 .... .. .,. ..I .. .... . . $..: .... .. ...... .. .., . . ,. : ..:. * .. ... .i .. .. .... ... ..... ., . '. . .. . ., . .* .... I II II I( SUNOCO - CONVENIECE STORE II RICHARD WENSINQ a-rn 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 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) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: 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: 1. 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: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 16. 17. 18. 19. 20. 21. 22. 23. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 24. The Applicant shall provide all necessary construction zone signage and 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 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a 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. 4 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. 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) 8 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display-Statute&Search Strin ... 10/25/2006 Statutes & Constitution :View Statutes :->2006->Cl11013->Section 33 : Online Sunshine Page 2 of 6 (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, http://www.leg.state.fl.us/Statutes/index.cfm?Appmode=Display StatutekSearch Strin ... 10/25/2006 Statutes & Constitution :View Statutes :->2006->Ch1013->Section 33 : Online Sunshine Page 3 of 6 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 http://www.leg.state.fl.us/Statutes/index.cfm?App-mode=Display~Statute&Search Strin ... 10/25/2006 Statutes & Constitution :View Statutes :->2006->Ch1013->Section 33 : Online Sunshine Page 4 of 6 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 http://www.leg.state .fl. us/Statutes/index.cfm?App-mode=Display-Statute&Search-Strin ... 10/25/2006 ~~ ~ 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 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display~ Statute&Search Strin ... 10/25/2006 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 http://www.leg.state.fl.us/Statutes/index.cfm?App - mode=Display_Statute&Search-Strin ... 10/25/2006 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 I I 1 1 I I I I I I L x r I z z m 0 0 rn n 0 I - NORTH MILITARY TRAIL 4 P I I I I , I I 1 I I I I I z x I- L 0 I - rn -rl c) 0 > m I I I I I - L 2 I s I I 1 I I I I I r I x I > m 0 0 rn -n G) I IL NORTH MILITARY TRAIL I I .. ,. I I I I I I I I I I I I I I - L x I- b z * m 0 0 m n 0 I I I I I I , I I I I I I I z I x r L -n 0 I - 0 0 rn > W I D 7- MATCH LINE SEE THIS SHE€ ..._........_. !?I!!. .L!N! ... SCC THIS SHCC ............................ MATCH LINE SEE THIS SHEET p u n i 1 --@ I IN I I 1 I I I I I I I 0 I L x r I z I I I - 9 W 0 0 rn n I .u+. , .............................. MATCH LINE * SEE DETAIL 2 0 ..--A H . 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I cb ir c 0 @ B 0 1 I- rn I 1 I I J "1 - I 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. P z 3 v) m 0. 0 0 0 s I 5 < N 0 0 0 2 0, 22 0 0 2 0, 0 0 r I! co - 9) 0 Q c m 3 m 2 s z m Y 00 W 0 E 0 2 00 0 0 5 3 = Y U m v) (D U nr - 9 2 m s < (D z! co 9. z m Y 2 rc 0 m Y N VI z N 0 E 0 P 0 0 U z s 0 (D v) -0 D - m 2 s < (D c m 3 N N s 9 2. - 4 P m E 0 W 0 0 3 s 0 (D “(J? ZL C U v) U 0 a 9 2 ? 7; m -. 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N 5 0 C 7 K v) -(9 s P P 0 0 22 00 ZZ (Pa I I 00 2s NN 00 00 00 03 0 N 2. e3 Y Date Prepared: February 28, 20097 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 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: 2 Date Prepared: February 28, 2007 Ordinance 12, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 3 Date Prepared: February 28, 2007 Ordinance 12, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 4 Date Prepared: February 28, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. 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: 2 Date Prepared: February 28, 2007 Resolution 28, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: 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) 4 Date Prepared: February 28, 2007 Resolution 28, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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: 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 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) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 28 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. 3 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. 4 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. 7 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 10 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: 1 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' 1 RESOLUTION 35,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 22 23 WHEREAS, such Non-Exclusive Ingress and 24 25 26 27 28 29 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 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 --- --- 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. 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: 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: 4 PI 0 0 N \ Ul O " n I L Ul 0 0 v) E - C E 3 i;- 7) 5 h 4 0 x 1 EXHIBIT A 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 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. P : 0 m 0) Lo Lo * N 4 1 I v) I a I 0) In In * - 5 s m a 2 2 0 I Q) I- -i: a W : z m % 0 .- e 02007 LBM Inc. PROJECT NAME: DESC RlPTl ON FOR: CITY OF PALM BEACH GARDENS PARCEL 52 42 42 12 00 000 5320 CONSULTING CIVIL ENGINEERS, Scale: N/A REVISIONS: Sheet 1 OF 1 Field Book N/A Page: N/A Field: N/A 3550 S.W. Corporate Parkway, Palm City, florida 34990 Computed: CK Date FILE NO. Project No. BPR & FBPE Ucsnso No: 959 www.lbfh.com Checked: RS 3/0 1 /07 245591g103 24559 (772) 286-3883 Fax: (772) 286-3925 A I I a m R .+ . . - . . - . I P, 0 0 N '1. > W P c I P K 3 5 9 Y 0 m m 10 N - I v) I 0 m a I 0, ln ln 2 10 0 0 I m ~l .-.._ EXHIBIT B EAST LINE SOUTHEAST .- QUARTER .-..-.. 12/42/42 ..-.._ 1 NO1 '33'34''E NO '"0 I I -I \ ------ I - lie I PARCEL I I I i 52 42 42 12 L 00 000 5020 / 0 200' Scale: 1' - 100' Y 1 I P GARDEN VILLAS ePLAJAEg02, 38, I I I S0133'34"W I t IC 150.00' PINEHURST I I I I 1; i 1 GARDENS I TOWNHOUSES .. nl b (d cn 0 I -..- QUARTER 12/42/42 '02007 LBM Inc. I I PROJECT NAME: SKETCH FOR: CITY OF PALM BEACH GARDENS (772) 286-3883 Fax: (772) 286-3925 3/01 107 245591g103 24559 1 BPR dr mPE Ucenw No: 959 m.lbfh.com Checked: RS I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 I z a In N t I I- O 0 N > > 0 a I c L u E s i3 3 C 3 U 0 Y Y - a I - k I ffl u z Y 0 -1 6 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. P K 3 5- 0 m m In N - a J I ffl I 0 m n I m In N In 0 0 I m b .r: n 3 c @2007 LBM Inc. PROJECT-NAME: DESCRIPTION FOR: CITY OF PALM BEACH GARDENS PARCEL 52 42 42 12 00 000 5020 REVISIONS: CONSULTING CIVIL ENGINEERS, Scale: N/A SURVEYORS h MAPPERS "Arrtnam For RssULts. Sheet 1 OF 1 Field Book N/A Page: N/A Field: N/A A BoyLE CWpH value av fi&7nn FIE NO. Project No. 3/0 1 /07 245591g102 24559 Wkc. 5550 S.W. Corporate Parkway, Palm city, norlda -990 Computed: CK Date (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 . . - . . - . . - ..--..- . N01’33’34”E cyr) I -cy I 1 I S01*33’34mW I I GARDEN VILLAS PLAT BOOK 38, PAGE 27 I I I I- ?I f ! SO1’33’1o’’W .-..-..- -..-..-.I. -v. -. . -. . -. . - .. -. . -. . -. . - WEST LINE SOUTHEAST QUARTER 12/42/42 02007 LBM Inc. 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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) && SURIlEKWIam STATE OF FURW Ww CONSULTING CML ENGINEERS, Scale: N/A REVISIONS 2/15/07 REV. DESCRIPTION & SKETCk SURVEYORS & MAPPERS "hltnew ibr R.srJts, Sheet 1 OF2 Field Book N/A Page: N/A Field N/A Vdw @ Iks(gn" FILE NO. Project No. 1 /12/07 2455919101 a 24559 &qk SW. Corpomtr Parkway, Palm city, -a 34990 Computed: CK Date (772) 286-3883 Fax: (772) 286-3925 BPR h FBPE lJconw No: 959 m.lbfh.com Checked: RS LEGEND e n I I I I I I R = CURVE RADIUS L = CURVE LENGTH A = CURVER CENTRAL ANGLE EXHIBIT B TO EASEMENT AGREEMENT (RESOLUTION 37,2007) I I I EAST LINE OF THE I SOUTHEAST QUARTER , I OF SECTION 12/42/42 I I \ -I--------- ---------- Scale: I’ = 30’ WEST LINE OF THE WEST 50.00 FEET OF THE EAST 867.22 FEET OF SECTION 12 I I I I RANGE 42 EAST SOUTH LINE OF THE SOUTHEAST QUARTER r ----_ - I I I I n I 2 I I I 02007 LBM Inc. I PROJECT NAME: SKETCH AND DESCRIPTION FOR: CITY OF PALM BEACH GARDENS I CONSULTING CML ENGINEERS. Scale: N/A RMSIONS: 2/15/07 REV. DESCRlPTlON & SKET( Sheet 20F2 Field Book N/A Field: N/A Page: N/A FILE NO. Project No. SURVEYORS a MAPPERS “mrtrurs FW R-US, ww a~ mylgn” (772) me-= F~W: (772) 288-392s 1 /12/07 245591glOl a 24559 wrn.lm.com Checked: RS 5550 S.W. copomto Parkway, Palm city, ~lorida 34990 Computed: CK Date BPR & FBPE Umw No: 959 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 $ g 5 0 cc g m !% cc 5 CD er CD w W 1 CD w e 1 a* 5 CD c, 0 1 2. 3 E' L * $. 1 0 cc, CD s cb 1 2 n am 1 1 0 cc !% El' 1 m cl 5 CD n B 5' z i;' 1 m cp 1 c. L I. m E s 0 1 e P, 1 a 4 L. L L b CD cb CD i I. cc % E' a 3 < 0 c, c, c E;' 1 0 P, 1 1 & CD 1 b cc E* P, L L n r m cr cr CD w & E' I C' 0 CD 1 et: 0 CI w CD w n v P, CI cc 0 cc, 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 r fl 0 3 t cn P 3 f 0 rt -I 0 3 ri n n QQ , --__. CD I, C (D - 0 U 3 2 L 51 CD 3 _ct rc rc P) c) z rn 3 rc I r-- I: Y. 1, ! ' 2 L tu €?I 1 I. c .. . .l. 1 I 1 ! 1 ... .. ....... . .. .* . . .i y I