HomeMy WebLinkAboutAgenda Council Agenda 041907 - Canceled - no quorum
City of Palm Beach Gardens
Council Agenda
April 19, 2007
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Jablin
Vice Mayor Levy Council Member Valeche
Council Member Barnett
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
April 19, 2007
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Port of Palm Beach – Carl Baker, Special Assistant to Executive Director will
provide an update on upcoming activities and events at the Port of Palm Beach.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 5) Approve Minutes from February 15, 2007 regular City Council meeting.
b. (Page 12) Approve Minutes from March 1, 2007 regular City Council meeting.
c. (Staff Report on Page 17, Resolution on Page 19) Resolution 44, 2007 -
Addendum to the Collective Bargaining Agreement. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving and ratifying an
Addendum to the Collective Bargaining Agreement with Professional Fire
Fighters/Paramedics of Palm Beach County Local 2928, Inc., employed by the
City’s Fire Rescue Department, as approved by Resolution 62, 2006, for Fiscal
Years 2005-2006, 2006-2007, and 2007-2008; authorizing the Mayor and the City
Clerk to execute said Addendum; and providing an effective date.
d. (Page 41) Proclamation – Municipal Clerks Week.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 42, Resolution on Page 47) Resolution 39, 2007 -
Approval of the public art for the Gardens Station Mixed-Use Planned Unit
Development (PUD). A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Art in Public Places for the Gardens Station
Planned Unit Development (PUD), which is located South of Parcel 5B,
immediately North of the Northcorp PCD, East of RCA Boulevard, and West of
the FEC Railway, as more particularly described herein; providing conditions of
approval; and providing an effective date.
b. (Staff Report on Page 68, Ordinance on Page 121, Resolution on Page 124)
Ordinance 2, 2007 – (2nd reading and adoption) 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.
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.
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
a. (Staff Report on Page 133, Resolution on Page 135) Resolution 42, 2007 –
Appointment of members to the Art in Public Places Advisory Board. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the appointment of regular and alternate members to the Art in Public
Places Advisory Board; and providing an effective date.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
XI. ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
February 15, 2007
The February 15, 2007 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:01 p.m. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
Vice Mayor Barnett reported she, Councilmember Levy, and staff had attended a meeting at
Commissioner Marcus’ office regarding Seminole Marina. The Vice Mayor noted she was
very happy with the developer’s cooperation with the residents and the residents were
pleased with the project, so she was pleased with the project. Vice Mayor Barnett reported
she had attended the rededication of the Lake Catherine softball facilities. Councilmember
Levy announced he and the Vice Mayor had been to PGA National and reviewed the
additions to the turnpike, they planned to add two lanes to either side, starting in 2018, and
suggested encouraging Department of Transportation to start work on a sound wall. Mayor
Russo advised this would be discussed later in the meeting. Councilmember Levy announced
Step Up Florida to be held February 23, 2007. Councilmember Valeche reported he was
planning to run for the Congressional seat formerly held by Congressman Foley, but would
continue to devote 100% to the City Council. Councilmember Jablin thanked those who
wished him well during his recent hospital visit. Councilmember Jablin complimented staff
on their work on the Lake Catherine ball fields. Mayor Russo reported he and
Councilmember Levy attended the Biotech Overlay meeting, where a resolution had been
presented and requested the resolution be on the City Council’s agenda the first week in
March, asking the State Legislature to appropriate dollars back into the innovation fund to
allow them to be used to lure biotech and life science businesses to this area. The Mayor
attended the Economic Development Advisory Group and advised them of the council
workshop on economic development the first meeting in April. The Mayor reported he had
attended a meeting for the Honda Classic, which would promote the City. Mayor Russo also
reported attending the Palm Beach Gardens High School opening game where Zack Minor’s
number was retired.
CITY MANAGER REPORT:
The great work done by members of staff on the Lake Catherine project was recognized.
Turnpike Report - City Engineer Dan Clark reported the future turnpike project would widen
from four to eight lanes, and no sound information had yet been formulated. Mr. Clark
advised of a possible new turnpike interchange at Hood Road which would take a lot of
traffic off PGA Boulevard and other roads.
Regional Center Traffic Report - City Engineer Dan Clark reported one traffic signal had
been warranted, another was close to being warranted, and the third would take awhile, the
cost for all three was estimated at $1.5 million, design and permitting could begin right
away. Consensus was to go forward with the traffic signal at Kyoto Gardens Drive possibly
using money from reserves to be recouped from future development.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 2
Shady Lakes Blvd. Turn Radius – City Engineer Clark reported both Department of
Transporation and the County had provided certification letters that the intersection met
code.
Lighting issue at Midtown (f.k.a. Borland) - City Manager Ferris reported shields had been
placed on all the lights and code would have to be maintained for wattage. Residents had
requested wattage be lowered, which was being considered if code could still be maintained.
Southhampton Landscaping – The City Manager advised that Southhampton was required to
install some landscaping by March 18 per the development order.
Cimarron Cove Status – City Manager Ferris reported Cimarron Cove had not requested a
clearing permit; in the event they moved forward and then stopped, they would be required
to seed the entire site.
Carlton Oaks/West Palm Beach/County re: Firehouse and Annexation – The City Manager
advised they were proceeding with construction of the temporary facility even though
Commissioner Marcus, the City, and Carlton Oaks residents objected. Consensus of Council
was that staff pursue objection to the annexation.
Downtown at the Gardens – City Manager Ferris announced no permits or occupational
licenses would be issued to restaurants in Downtown at the Gardens, since their parking
capacity had been reached.
Marina Gardens – This item had been discussed earlier in the meeting.
Auction - The City Manager reported $115,742 had been collected from the auction of
surplus equipment.
Evergrene Development Issue – City Manager Ferris advised the staff had been approached
by a number of Evergrene residents with complaints about WCI and their development order,
which were being researched by a task force of staff members.
Callery Judge – The City Manager reported an all-day mediation had been held and another
was being scheduled to review additional traffic information.
Palm Beach Gardens High School Modernization Project – City Manager Ferris announced
the site plan was currently under review and was scheduled for March 15 to appear before
Council, and Florida Department of Transporation approval was being sought for a traffic
light at Lilac and Military Trail.
United States Post Office Kiosk – City Manager Ferris reported vending machines had been
removed from the kiosk by the post office, and the post office was being contacted as to the
reason.
Bio 2007 – The City Manager Ferris advised the City had agreed to participate in an
Ambassador Program with Business Development Board, and plans were ongoing.
Fairchild Gardens/Legacy Place – City Manager Ferris reported a 4-way stop at this
intersection had been completed.
COMMENTS FROM THE PUBLIC:
Sharon Green, Palm Beach County Health Department, thanked the City for their
proclamation regarding Step Up Florida.
CONSENT AGENDA: Vice Mayor Barnett requested item (b) be pulled. Councilmember
Jablin made a motion to approve the consent agenda minus item (b). Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items
were approved on the consent agenda:
a. Resolution 13, 2007 - Purchase of a Air Street Sweeper. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida awarding a contract
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 3
for the purchase of one Schwarze A7000 Regenerative Air Street Sweeper to
Container Systems & Equipment Company, Inc. via an existing contract with
the Florida Sheriff’s Association, Contract no. 06-14-0821; and providing an
effective date.
b. Pulled.
c. Resolution 20, 2007 - Lease award to Citicapital (Club Car). A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving a
four (4) year lease agreement with Citicapital, Inc. for golf carts from Club
Car, Inc. via an existing agreement with the Village of North Palm Beach
dated October 23, 2006; authorizing the Mayor and the City Clerk to execute
said agreement; and providing an effective date.
d. Resolution 23, 2007 -- Appoint to the City’s Canvassing Board. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida appointing
the Supervisor of Elections to the City’s Canvassing Board and authorizing
the Supervisor of Elections to act on the City’s behalf; authorizing the City
Clerk to appoint election officials for the purpose of conducting the
municipal election; and providing an effective date.
e. Proclamation – Step up Florida Day.
f. Proclamation – National Engineers Week.
Item Pulled from Consent Agenda:
Resolution 16, 2007 – PGA Boulevard Flyover Towers. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida allocating Art Impact Fees for architectural
enhancements to the PGA Boulevard Flyover Towers, and Change Order No. 2 (final) with
Wendy M. Ross for the PGA Flyover Tower sculptures; and providing an effective date.
Vice Mayor Barnett expressed concern regarding the costs for travel expenses. Angela
Wong, Construction Services, explained the extra charges presented for consideration.
Discussion ensued. Consensus was that Council members would meet with staff to discuss
their concerns and this item would be brought back to the next meeting.
PUBLIC HEARINGS: Mayor Russo described the process that would be followed in all of
tonight’s quasi judicial hearings. The City Clerk swore in all those intending to offer
testimony in any of tonight’s cases.
Part II – Non-Quasi-judicial
Ordinance 3, 2007 – (2nd Reading and adoption) Amendment to the General Employee
Defined Benefit Pension Plan. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to the General Employees’ Pension Plan (DB); amending Section
3-126, Code of Ordinances entitled “Definitions”; amending Section 3-127, Code of
Ordinances entitled “Membership”; amending Section 3-135, Code of Ordinances entitled
“Optional Forms of Benefits”; amending Section 3-140, Code of Ordinances entitled
“Distribution of Benefits”; amending Section 3-147, Code of Ordinances entitled “Direct
Transfers of Eligible Rollover Distributions’, providing for codification; and providing an
effective date. The City Clerk read Ordinance 3, 2007 by title only on second reading.
Finance Director Allan Owens, announced no changes since first reading. Mayor Russo
declared the public hearing open. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Councilmember Jablin moved approval of Ordinance 3,
2007 on second reading by title only. Councilmember Levy seconded the motion, which
carried by unanimous 5-0 vote.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 4
Ordinance 5, 2007 – (1st Reading) 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. The City Clerk read Ordinance 3,
2007 by title only on second reading. Donaldson Hearing spoke on behalf of the applicant,
Turtle Beach, Ltd. Mayor Russo declared the public hearing open. Vito DeFrancesco, Shady
Lakes, commented on lights and noise that would be produced from adding a drive thru to
financial institutions, and expressed his opinion business should be kept inside their
structures. Discussion ensued. Staff advised City Council would still retain control. Hearing
no further comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin moved to place Ordinance 5, 2007 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
Part I – Quasi-judicial
Resolution 12, 2007 - Wall Signage for Lydian Bank and Trust. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving wall signage for Lydian Bank
and Trust within the City Centre Planned Unit Development (PUD), as more particularly
described herein; providing for two waivers; and providing an effective date. The City Clerk
read Resolution 12, 2007 by title only. Mayor Russo declared the public hearing open and
called for ex-parte communications. Vice Mayor Barnett, Councilmember Jablin,
Councilmember Valeche, and Mayor Russo each reported none. Councilmember Levy
reported he had spoken with Ken Tuma briefly tonight. Lindsey Schuenberger, Urban
Design Studio, spoke on behalf of the applicant. Hearing no comments from the public,
Mayor Russo declared the public hearing closed. Councilmember Jablin moved to approve
Resolution 12, 2007. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote
Ordinance 6, 2007 - (1st Reading) DiVosta PGA/Turtle Beach PUD. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a
parcel of land consisting of 1.01 acres, located on the South side of PGA Boulevard,
approximately 500 feet West of Military Trail and East of PGA Commons Phase III, as
described more particularly herein, from Residential Medium (RM) to Planned Unit
Development (PUD) overlay with an underlying zoning of Professional Office (PO) to be
known as the DiVosta PGA/Turtle Beach PUD; providing for revisions to the zoning district
map; and providing an effective date. [Resolution 17, 2007 is a companion item to
Ordinance 6, 2007 and will require Council action at second reading.] Resolution 17,
2007 - DiVosta PGA/Turtle Beach PUD. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the DiVosta PGA/Turtle Beach Planned Unit
Development (PUD), which is located on the South side of PGA Boulevard, approximately
500 feet West of Military Trail and East of PGA Commons Phase III, to allow the
development of 2,500 square feet of financial institution with drive-through facilities and
2,650 square feet of office use on an approximately 1.01-acre parcel, as described more
particularly herein; providing for waivers; providing for conditions of approval; and
providing an effective date. The City Clerk read Ordinance 6, 2007 by title only on first
reading. Mayor Russo opened the public hearing and called for ex-parte communication.
Each member of the Council reported no ex-parte; Mayor Russo reported he spoke with Mr.
DiVosta approximately three years ago and did not discuss this particular petition;
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 5
Councilmember Jablin also recalled speaking with Mr. DiVosta in the past, but not about this
particular petition. Donaldson Hearing spoke on behalf of the applicant, and answered
questions from the City Council regarding traffic configuration. The applicant agreed to
bring traffic calming configurations and traffic templates at second reading. Dan Eagle,
representing Mr. DiVosta, answered drainage questions from the City Council. Carl
Erickson, resident at 4151 Magnolia Street near the proposed project, expressed concern
regarding the cross access. Vito DeFrancesco, Shady Lakes, commented on the light
intensity, lack of trees in the buffer area, and noise generation. Carolyn Chaplik, 715 Hudson
Bay Drive, advised the Planning Zoning and Advisory board wanted to be sure the project
had the original architecture, a wall and landscaping to protect residents, and felt strongly
about having connectivity. Lois Erickson, 4151 Magnolia, directly behind the project, spoke
against the cross access. Hearing no further comments from the public, Mayor Russo
declared the public hearing closed. Consensus was not to allow the cross access. Staff
advised lights would be shielded. Councilmember Jablin moved to place Ordinance 6, 2007
on first reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
Ordinance 7, 2007 – (1st reading) Gardens Commerce Center. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a parcel
of land consisting of 4.45 acres, located on the West side of Riverside Drive, East of
Interstate 95, North of Plat 5, and approximately 300 feet South of Burns Road, as described
more particularly herein, from Light Industrial (M-1A) to Planned Unit Development (PUD)
overlay with an underlying zoning of Light Industrial (M-1A) to be known as the Gardens
Commerce Center PUD; providing for revisions to the Zoning District Map; and providing
an effective date. [Resolution 18, 2007 is a companion item to Ordinance 7, 2007 and will
require Council action at second reading.] Resolution 18, 2007 – Gardens Commerce
Center. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the Gardens Commerce Center Planned Unit Development (PUD) to allow the
development of three buildings consisting of 41,577 square feet of light industrial use and
27,718 square feet of accessory professional office use on a 4.45-acre parcel, as described
more particularly herein; providing for waivers; providing for conditions of approval; and
providing an effective date. The City Clerk read Ordinance 7, 2007 by title only on first
reading, and swore in Ryan Johnston, representative for the applicant. Mayor Russo declared
the public hearing open. Each member of the Council reported no ex-parte communication.
Mr. Johnston presented the project on behalf of the applicant. Mr. Bruce Mills of Theis
Distributing, the proposed project anchor, described their company’s operations. Mr.
Johnston, Mr. Mills, and staff answered questions from the City Council. Marilyn Brent,
3931 Dogwood, directly across the water from the proposed project, asked the City Council
not to change the colors and reported staff and the owner had been extremely cooperative
and welcomed this project to their neighborhood. Hearing no further comments from the
public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved to
place Ordinance 7, 2007 on first reading by title only. Councilmember Levy seconded the
motion, which carried by unanimous 5-0 vote.
ORDINANCES:
Ordinance 1, 2007 – 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 6
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. The City
Clerk read Ordinance 1, 2007 by title only on first reading. Brad Wiseman, Growth
Management
Planning Manager, presented the proposed changes. Vice Mayor Barnett requested further
discussion of the procurement threshold. Lee Bickford, Art in Public Places Advisory Board,
requested the current $1 million base be lowered to be more in tune with other communities.
Councilmember Jablin moved to place Ordinance 1, 2007 on first reading by title only.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
CITY ATTORNEY REPORT:
City Attorney Christine Tatum reported the Department of Community Affairs had issued
notice of intent on the City’s four Bioscience Comprehensive Plan amendments and they
were now in effect.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/15/07 7
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 10:11 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR LEVY
____________________________________
COUNCILMEMBER JABLIN
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
City Clerk. All referenced attachments are on file in the City Clerk’s office.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
March 1, 2007
The March 1, 2007 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:02 p.m. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and
opened with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche. Mayor Russo welcomed Boy Scout
Troop 712.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
Vice Mayor Barnett reported she had attended a meeting with County planning staff
regarding transit oriented development, and suggested a workshop on that topic. The Vice
Mayor reported the opening of the Fall baseball season last week. Councilmember Levy
reported softball opened the previous week. Councilmember Valeche told a joke regarding
the Honda Classic. Councilmember Jablin, who had been in the hospital again, thanked those
who wished him well. Councilmember Jablin reported he had attended the Honda Classic
that day. Mayor Russo reported he had attended the Life Science meeting and received the
draft Town of Jupiter Economic Development Fund, which he gave to staff for review,
comment and asked to move ahead with coordinated development without duplication.
Groundbreaking for the Scripps site was scheduled for next Friday. Mayor Russo reported he
had attended a dinner for the Honda Classic and reported donations for the Jack Nicholaus
charity and for a TEE program in the schools. The Mayor advised ten relocation firms were
in town to tour the City and attend the Honda Classic. Mayor Russo thanked the Council for
their accomplishments during the past year, and spoke of challenges for the coming year,
including the property tax issue. Mayor Russo suggested a town hall meeting in May; staff
was to look at dates for the meeting in April or May.
CITY MANAGER REPORT:
Northlake Boulevard Task Force – City Engineer Dan Clark reported Phase One was near
completion and Phase Two would begin in the spring of 2008. A grant application would be
submitted for Phase Four, which would be the Palm Beach Gardens portion of the
improvements. If the grant was received it would be scheduled for 2010.
COMMENTS FROM THE PUBLIC:
Roger Blangy, Garden Woods, gave a chronology of the City’s actions for a railroad
crossing at Kyoto Gardens Drive and stated the residents of Garden Woods asked for repeal
of Resolution 147, 1999.
Vito DeFrancesco, Shady Lakes, reported lights from a new restaurant distracted drivers, and
advised the barrier fence along Shady Lakes Drive had been removed prematurely. Mr.
DeFrancesco indicated he wanted protection from the view of the Borland project with a 20-
foot buffer.
Pat Hughey, Palm Beach Square, thanked the City for the event held for the volunteers, and
reported she had been impressed seeing the young people working at the Honda Classic.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/1/07 2
CONSENT AGENDA: Councilmember Jablin moved approval of the consent agenda.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
a. Resolution 21, 2007 – Addendums to Agreements for Disaster Recovery
Services. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving Addenda to Stand-By Agreements with Ceres
Environmental Services, Inc., Phillips & Jordan, Inc., and Ashbritt, Inc. for
disaster recovery services; authorizing the Mayor and City Clerk to execute
the Addenda; and providing an effective date.
b. Resolution 22, 2007 - Addendums to Agreements for Storm-Generated
Debris Material Services. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving Addenda to Stand-By Agreements
with C & W Logistics, Inc. and Total Maintenance Building Services, Inc.
for storm-generated debris material disposal services; authorizing the Mayor
and City Clerk to execute the Addenda; and providing an effective date.
c. Resolution 24, 2007 - Work Authorization to Murray Logan Construction,
Inc. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving a work authorization and notice to proceed to Murray
Logan Construction, Inc. based on its existing Annual Public Works contract
dated May 6, 2004, for the restoration of the Bellewood Canal, from the
Earman River Canal to Applecrest Drive, as part of the 2002 Stormwater
System Management Plan; and providing an effective date.
d. Resolution 25, 2007 - Three (3) Continuing Contracts for Professional
Graphic Services. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida awarding continuing contracts for Professional
Services to Caren Hackman, Inc., Palm Beach Media Associates, Inc., and
Tara Biek Creative, LLC; authorizing the Mayor and City Clerk to execute
the agreements; and providing an effective date.
e. Resolution 26, 2007 – Agreement with Palm Beach Community College. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an agreement with Palm Beach Community College providing for
the education and training of students in the Paramedic and EMT programs;
and providing an effective date.
f. Proclamation - Women in Construction Week.
PUBLIC HEARINGS:
Part I – Quasi-judicial – Mayor Russo announced the procedures that would be followed in
tonight’s quasi-judicial cases. The City Clerk swore all those intending to offer testimony in
any of tonight’s cases.
Resolution 14, 2007 - Police Communication Tower. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving a major conditional use to allow for the
installation of a 185-foot monopole communication tower and associated ground equipment
on the City's property located at 9290 Park Lane; as more particularly described herein; and
providing an effective date. The City Clerk read Resolution 14, 2007 by title. Mayor Russo
declared the public hearing open and called for exparte communication. Councilmember
Levy reported he had spoken to Bob O’Dell; Councilmember Jablin reported speaking with
staff; Mayor Russo stated he met with staff. Stephen Stepp, Police Chief, presented the
request for the police radio communication tower. Brad Wiseman, Growth Management,
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/1/07 3
made a presentation. Richard Jacobs, resident, questioned whether the tower would stand
during a hurricane. Response was it would be built to withstand category 5 hurricane winds.
Councilmember Jablin moved approval of Resolution 14, 2007. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote. Mayor Russo advised the City
staff was working on the turnpike issue.
Ordinance 7, 2007 – (2nd reading and adoption) Gardens Commerce Center. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; rezoning a
parcel of land consisting of 4.45 acres, located on the West side of Riverside Drive, East of
Interstate 95, North of Plat 5 and approximately 300 feet South of Burns Road, as described
more particularly herein, from Light Industrial (M-1A) to Planned Unit Development (PUD)
overlay with an underlying zoning of Light Industrial (M-1A) to be known as the Gardens
Commerce Center PUD; providing for revisions to the zoning district map; and providing an
effective date. [Resolution 18, 2007 is a companion item to Ordinance 7, 2007 and will
require Council action.] Resolution 18, 2007 – Gardens Commerce Center. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida approving the Gardens
Commerce Center Planned Unit Development (PUD) to allow the development of three
buildings consisting of 41,577 square feet of light industrial use and 27,718 square feet of
accessory professional office use on a 4.45-acre parcel, as described more particularly
herein; providing for waivers; providing for conditions of approval; and providing an
effective date. The City Clerk read Ordinance 7, 2007 on second reading by title only. Mayor
Russo declared the public hearing open. No exparte communication was reported by any of
the Council. Ryan Johnston reported nothing was new since his last presentation, and
submitted a color board as requested at the last meeting. Marilyn Brent, 3932 Dogwood,
directly behind the project, indicated she liked the color and thanked Stephen Mayer, Ryan
Johnston, and Glenn Strubb, and welcomed the applicant. Steven Parkola, 3861 Dogwood,
expressed concern about noise from the project in the evening hours; Mr. Johnston
responded certain uses had been eliminated and hours limiting noise would be in the
declarations. Hearing no further comments from the public, Mayor Russo declared the public
hearing closed. Vice Mayor Barnett and Mayor Russo indicated they preferred subdued
colors. Councilmember Jablin moved adoption of Ordinance 7, 2007 on second reading by
title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
The City Clerk read Resolution 18, 2007 by title. Councilmember Jablin moved approval of
Resolution 18, 2007. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
Part II – Non-Quasi-judicial
Ordinance 8, 2007 – (1st reading) Limitations to maximum height waivers. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to limitations on height
waivers; amending Section 78-158, Code of Ordinances, entitled “Waivers to Planned
Development District Regulations”; amending Section 78-184, Code of Ordinances, entitled
“Height of Buildings” to impose limitations on height waivers; providing for codification;
and providing an effective date. The City Clerk read Ordinance 8, 2007 on first reading by
title only. Mayor Russo declared the public hearing open. Growth Management
Administrator Kara Irwin, presented the proposed code amendment, and reported the
Planning, Zoning and Appeals board had unanimously voted to recommend denial of the
amendment, and Catalfumo Construction had presented a letter of objection at that meeting.
Jeff Marshall, Catalfumo Construction, objected to the proposed Ordinance, and requested if
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/1/07 4
the Ordinance was moved forward that Parcel 5B be exempted. Ken Tuma requested
flexibility and creativity be retained. Vito DeFrancesco, Shady Lakes, spoke in favor of the
Ordinance. Joan Elias, 1009 Diamond Head Way, spoke against the Ordinance which would
limit flexibility and stated her agreement with the Planning, Zoning and Appeals Board.
Gabrielle Bargersek, Realtors Association of the Palm Beaches, expressed their
organization’s opposition to a super majority vote. Marilyn Lew- Jacobs, Bermuda Lake
Drive, a Supervisor at Northern Palm Beach County Improvement District, expressed
objection to the Ordinance which would limit flexibility for workforce housing. Don
Hearing, representing Loehmann’s Plaza, commented this Ordinance could hamper
development of that site, and suggested a possible height overlay. John Chaplik, Hudson Bay
Drive, spoke in favor of the Ordinance. Carolyn Chaplik, Hudson Bay Drive, commented a
lot of residents had not been heard. Richard Orman, Oak Street, supported the Ordinance.
Michael O’Rourke, spoke in favor of the Ordinance. Colin Wood, Boy Scout Troop 712,
supported taller buildings so that there could be more woods. Hearing no further comments
from the public, Mayor Russo declared the public hearing closed. There were comments and
recommendations from the City Council. Consensus was to hear a presentation by Catalfumo
Construction at the next meeting. Councilmember Jablin moved to place Ordinance 8, 2007
on first reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
RESOLUTIONS:
Resolution 30, 2007 - Potential future growth in the “Midwestern Area” of Palm Beach
County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida related
to potential future growth in the mid-western area of Palm Beach County; urging other
Municipalities in Palm Beach County to review the proposed development throughout the
mid-western area and to request that the Board of County Commissioners comprehensively
address the land-use and transportation issues in the mid-western area; and providing an
effective date. City Attorney, Tatum, provided background information. Councilmember
Jablin moved approval of Resolution 30, 2007. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote.
Resolution 31, 2007 - Recognizing the scientific accomplishments of Scripps Florida. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida recognizing the
scientific accomplishments of Scripps Florida; requesting continuation of the Florida
innovation incentive fund; and respectfully requesting the leadership of the State of Florida
to continue to promote the life science industry; and providing an effective date. City
Attorney, Tatum, provided information regarding the proposal. Councilmember Jablin
moved approval of Resolution 31, 2007. Councilmember Levy seconded the motion, which
carried by unanimous 5-0 vote.
ORDINANCES:
Ordinance 9, 2007 - Alternative method of qualifying for election. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to elections; amending Chapter
26, Code of Ordinances, entitled “Elections” to provide an alternative method of qualifying
for election; providing for codification; and providing an effective date. The City Clerk read
Ordinance 9, 2007 by title only. City Attorney, Tatum, provided clarification. Vice Mayor
Barnett moved approval of Ordinance 9, 2007. Councilmember Levy seconded the motion,
which carried by unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS REGULAR MEETING, 3/1/07 5
Vice Mayor Barnett requested that if any member of the Council could not make a staff
meeting that materials be e-mailed to them before the Council meeting. Vice Mayor Barnett
suggested an affordable housing workshop be held soon.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:09 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR LEVY
____________________________________
COUNCILMEMBER JABLIN
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not
verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the
City Clerk. All referenced attachments are on file in the City Clerk’s office.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 27,2007
Meeting Date: April 19,2007
Resolution: Resolution 44,2007
SubjectlAgenda Item: Approving and ratifying an addendum to the Collective
Bargaining Agreement with the Professional Firefighters/Paramedics of Palm Beach
County Local, 2928, Inc.,
[ X ] Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by :
City Attorney
64
Finance Ad rnin istrator
HR Administrator
Originating Dept.:
Fire Rescue
=5!7
Advertised:
Date:
Paper:
[ x] Not Required
Affected parties 6;
[ X ] Not required
:osts: $ NIA
(Total)
$-
Current FY
‘unding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
2ouncil Action:
] Approved
]Approved wl
conditions
] Denied
; ] Continued to:
Attachments:
Resolution 44,2007
Article 49 Alcohol and
Substance Abuse
Policy
Staff Report
Ratification Letter from
IAFF
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 27,2007
Meeting Date: April 19,2007
Resolution 44,2007
BACKGROUND:
In 2006 the City negotiated a new three year Collective Bargaining Agreement with the
Professional Firefighterslparamedics of Palm Beach County Local 2928, Inc. As you
may recall negotiations were somewhat protracted and took considerable time and
effort for both parties to reach agreement.
Included in the negotiation of the new Agreement was a provision for random drug and
alcohol testing for employees. This random testing began in March 2007, which is
coordinated through the Human Resources Department and a private drug and alcohol
screening contractor. While screening has progressed without incident to date, several
issues have arisen concerning this testing which required clarification and further
detail.
The proposed changes to the drug and alcohol testing clarify procedures for positive
tests as well as add situations requiring employees to be tested such as post accident
testing which was inadvertently not included in the original policy.
This new agreement has been ratified by the Professional FirefightersIParamedics of
Palm Beach County Local 2928, Inc. on April 3, 2007.
STAFF RECOMMENDATION:
Staff recommends approving Resolution 44, 2007 and ratifying an addendum to the
Collective Bargaining Agreement with the Professional FirefightersIParamedics of Palm
Beach County Local, 2928, Inc.,
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 27, 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 44,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AND RATIFYING AN
ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT WITH
PROFESSIONAL FIRE FIGHTERS/PARAMEDICS OF PALM BEACH
COUNTY LOCAL 2928, INC., EMPLOYED BY THE CITY’S FIRE
RESCUE DEPARTMENT, AS APPROVED BY RESOLUTION 62,2006,
AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
SAID ADDENDUM; AND PROVIDING AN EFFECTIVE DATE.
FOR FISCAL YEARS 2005-2006, 2006-2007, AND 2007-2008;
WHEREAS, the Professional Firefighterslparamedics of Palm Beach County Local
2928, Inc., has ratified the attached addendum to an employment agreement approved on
July 20, 2006, by Resolution 62, 2006; and
WHEREAS, the majority of the members of the IAFF have voted in favor of
ratification of the Addendum to the Collective Bargaining Agreement, attached as Exhibit
“A’; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby ratifies, confirms, and approves the
Addendum to the Collective Bargaining Agreement with the Professional
Firefighters/Paramedics of Palm Beach County Local 2928, Inc., for the agreement as
approved by Resolution 62, 2006 and hereby authorizes the Mayor and City Clerk to
execute said Addendum.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 27,2007
Resolution 44, 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
39
40
41
42
43
44 45
a
3a
PASSED AND ADOPTED this day of ,2007.
CITY OF PALM BEACH GARDENS, FLORIDA
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 LEVY
COUNCILMEMBER JABLIN
C 0 U N C I L M E M B ER VALEC H E
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
d
G:\attorney-share\RESOLUTlONS\fr addendum to cba - drug testing - reso 44 2007.doc
2
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 27,2007
Resolution 44,2007
EXHIBIT A
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
ARTICLE 49 ALCOHOL AND SUBSTANCE ABUSE POLICY
The Professional Firefighters/Paramedics of Palm Beach County, Local 2928,
IAFF, Inc. (Local 2928), and the City of Palm Beach Gardens (the City) hereby agree to
modify and replace Article 49, Alcohol and Substance Abuse Policy of the Collective
Bargaining Agreement with the following policy regarding alcohol and substance abuse
and drug testing:
A. PURPOSE AND SCOPE
Due to the nature of our profession, the City and Local 2928 acknowledge the necessity
of a policy that deals with alcohol and substance abuse for our employees. The
purpose of this policy is to deter substance abuse and ensure that:
1. Employees are at the highest state of readiness while on duty.
2. Employees are physically and mentally sound to perform their duties.
3. A safe work place is provided for all employees.
This policy is intended to be corrective, rather than punitive, in its application. Emphasis
shall be placed on prevention and rehabilitation. Both parties shall strive to assist
employees in overcoming any dependence on drugs and/or alcohol abuse in
accordance with the guidelines of this policy. Any employees found to have an alcohol
and/or substance abuse problem shall be given an opportunity for rehabilitation before
discipline is imposed.
B. NO LEGAL DUTY TO TEST
All drug/aIcohol testing conducted by the City shall be in conformity with the standards
established in this Policy and all applicable rules promulgated pursuant to this Policy.
However, the City shall not have a legal duty under this Policy to request an employee
to undergo drug testing.
C. DEFINITIONS
For the purpose of this Policy, the following definitions apply:
1. "Alcohol" means ethyl alcohol (ethanol). References to use of alcohol
include use of a beverage, mixture, or preparation containing ethyl alcohol.
2. "Chain of Custody" refers to the methodology of tracking specified materials
or substances for the purpose of maintaining control and accountability from initial
collection to final disposition for all such materials or substances and providing for
accountability at each stage in handling, testing, storing, and reporting of test results.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
3. "Collection Site" means a place where employees present themselves for
the purpose of providing a specimen to be analyzed for the presence of drugs.
4. "Collection Site Person" means a person provided by an approved
laboratory who instructs and assists employees at a collection site and who receives
and makes an initial examination of the specimen provided by those employees.
5. "Confirmation Test," "Confirmed Test," or "Confirmed Drug Test" means a
second analytical procedure run on a sample that was positive on the initial screening
test. The second analytical procedure must be used to identify the presence of a
specific drug or metabolite in a specimen. The confirmation test must be different in
scientific principle from that of the initial test procedure. The confirmation method must
be capable of providing requisite specificity, sensitivity, and quantitative accuracy. The
confirmation test for alcohol will be gas chromatography and the confirmation test for all
other drugs will be gas chromatography/mass spectrometry.
6. "Drug" means alcohol, including distilled spirits, wine, malt beverages and
intoxicating liquors, Amphetamines, Cannabinoids, Cocaine, Phencyclidine, and
0 piates.
7. "Drug Test" or "Test" means any chemical, biological, or physical
instrumental analysis in conformity with this policy, administered for the purpose of
determining the presence or absence of a drug or its metabolites.
8. "Employee" means any bargaining unit member who works for salary,
wages, or other remuneration for the City of Palm Beach Gardens.
9. "Employee assistance program" means an established program for
employee assessment, counseling, and referral to an alcohol and drug rehabilitation
program.
IO. "Employer" means the City of Palm Beach Gardens who employs bargaining
unit members for salary, wages, or other remuneration.
1 1. "GC/MS" means gas chromatography/mass spectrometry.
12. "Initial Drug Test" means a sensitive, rapid, and reliable procedure to identify
negative and presumptive positive specimens. The initial screen for all drugs shall be
an immunoassay procedure, except that the initial test for alcohol shall be an enzyme
oxidation methodology.
13. "Laboratory" means a facility licensed by the Agency for Health Care
Administration in accordance with Chapter 59A-24, Florida Administrative Code, and is
mutually agreed upon by Local 2928 and the City. The parties shall select a laboratory
prior to the implementation of this policy.
2
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
14. "Laboratcry" means a facility, inside or outside the State of Florida, licensed
by the Department of Health and Rehabilitative Service that is mutually agreed upon by
Local 2928 and the City. The parties shall select a laboratory prior to implementation of
this Policy.
15. "Medical Review Officer or MRO" means a licensed physician who is
responsible for receiving and reviewing all drug test results from the laboratory. The
MRO is responsible for contacting all positively-tested individuals to inquire about
possible prescriptive or over-the-counter medications which could have caused a
positive test result.
16. "Nonprescription Controlled Substance" means amphetamines,
cannabinoids, cocaine, phencyclidine (PCP), or opiates obtained without a prescription.
17. "Nonprescription Medication" means a medication that is Guthorized
pursuant to state or federal law for general distribution and use without a prescription in
the treatment of human disease, ailments, or injuries.
18. "Prescription Medication" means a drug or medication obtained pursuant to
a prescription as defined by Section 893.02( 17).
19. "Reasonable Suspicion Drug Testing" means drug testing based on a belief
that an employee is using drugs in violation of the Employer's policy, drawn from
specific objective and articulable facts and reasonable inferences drawn from those
facts in light of experience. Reasonable suspicion drug testing shall not be required
except upon the written recommendation of a supervisor who is at least one level of
supervision higher than the immediate supervisor of the employee in question. Also,
reasonable suspicion drug testing must be based upon the direct observation of at least
one corroborating witness. Furthermore, the supervisor's recommendation as to
reasonable suspicion must be reviewed and agreed upon in writing by the Fire Chief or
his designee. At this time, only the Fire Chief or his designee may order reasonable
suspicion drug testing. This written recommendation shall include the circumstances
which formed the basis of the determination that reasonable suspicion existed to
warrant testing. Reasonable suspicion is defined as the following:
a. Observable phenomena while at work, such as direct observation of
drug use or the physical symptoms or manifestations of being under the
influence of a drug.
b. Significant deterioration in work performance.
c.
employment with the current employer.
Evidence that an individual has tampered with a drug test during his
d. Evidence that an employee has used, possessed, sold, or solicited
drugs while working or while on the Employer's premises or while operating
the Employer's vehicle, machinery, or equipment.
3
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
20. "Safety-sensitive Position" means any position, including a supervisory or
management position in which a drug impairment would constitute an immediate and
direct threat to public health or safety.
21. "Special Risk" means employees who are required as a condition of
employment to be certified under Chapter 633, Florida Statutes, or Chapter 943, Florida
Statutes.
22. "Specimen" means a tissue or product of the human body capable of
revealing the presence of alcohol and/or drugs or their metabolites.
23. "Threshold Detection Level" means the level at which the presence of a drug
or alcohol can be reasonably expected to be detected by an initial and a confirmatory
test performed by a laboratory that meets the standards established herein. The
threshold detection level indicates the level at which valued conclusion can be drawn
that the drug or alcohol is present in the employee's sample.
D. AUTHORITY TO TEST, TYPES OF TEST, REFUSAL TO TEST
1. Authority to Test - The City has the authority to require employees to submit
to testing for the presence of alcohol or drugs only as specifically as set forth in this
drug-testing policy.
2. Types of Tests - The City may conduct the following types of drug tests in
order to maintain a drug-free workplace program:
a. Reasonable Suspicion - The City may require an employee to submit to
reasonable suspicion drug testing. The definition of "reasonable suspicion
drug testing" as defined in this drug-testing Policy will be the sole basis for
determining whether reasonable suspicion exists to test an employee.
b. Post Accident Testing - If an employee is involved in an accident in
which the employee was driving, and any one of the following occurs: an
individual dies, an individual suffers a bodily injury and immediately receives
medical treatment away from the scene of an accident, one or more vehicles
incurs "disabling damage" as the result of the occurrence and is transported
away from the scene by a tow truck or other vehicle.
"Disabling Damage'' means damage that precludes departure of any
vehicle from the scene of the occurrence in its usual manner in daylight after
simple repairs. Disabling damage includes damage to vehicles that could
have been operated but would have been further damaged if operated.
Disabling damage does not include damage that could be remedied
temporarily at the scene of an occurrence without special tools or parts; tire
disablement without further damage even if no spare tire is available; or
damage to headlights, taillights, turn signals, horns, or windshield wipers that
make them inoperative.
4
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
c. Random Testing - Employees will be subject to drug testing on a purely
random basis. Random selection of up to 50% of bargaining unit employees
every year will be made by a contracted third party utilizing a Department of
Transportation approved random selection computer program. Employees
selected for random testing will be tested on the day the employee selected
is on duty. If off duty, the employee will be tested on the employee’s next
shift worked. If the employee is not tested on the next shift, the employee
will not be tested. No more than 10% of those selected for random drug
testing will be tested for alcohol.
d. Follow-up Testing - If an employee, in the course of employment, enters
an employee assistance program for drug-related problems, or an alcohol
and drug rehabilitation program, the City may require the employee to
submit to one drug test per quarter on any shift chosen by the Department
during the quarter as a follow-up to such program for a twelve-month period
thereafter.
3. Refusal to Test - If an employee refuses to submit to a test for drugs and
alcohol, he/she may be disciplined by the City, up to and including termination for such
refusal.
E. NOTICE TO EMPLOYEES
1. This Policy shall serve notice to all employees that a drug-testing program is
being implemented within the City. The City will include a notice of drug testing on all
vacancy announcements on positions where drug testing is required. A notice of this
Policy will also be posted in an appropriate and conspicuous location on the City’s
premises, and copies of this Policy shall be made available for inspection by the general
public during regular business hours in the City’s personnel department.
F. COLLECTION PROCEDURES, CHOICE OF SPECIMEN, COST OF TESTING
1. An employee injured at the workplace and required to be tested, in
accordance with this Policy, shall be taken to a medical facility for immediate treatment
of injury. If the injured employee is not at a designated collection site, the employee will
be transported to one where specimens shall be obtained as soon as it is medically
feasible. If it is not medically feasible to move the injured employee, specimens shall be
obtained at the treating facility under the procedures set forth in this policy and
transported to an approved testing laboratory.
2. No specimens shall be taken prior to the administration of emergency
medical care. Once this condition has been satisfied, the City may obtain results of any
tests conducted on a specimen for the presence of alcohol or drugs only as is
specifically provided for in this policy.
5
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
3. The City may test for any or all of the following drugs: Alcohol,
Amphetamines, Cannabinoids, Cocaine, Phencyclidine, or Opiates. Drugs may be
added to this list at the request of either Local 2928 or the City. Neither party shall
unreasonably deny the other party’s request to add a drug to this list. Appropriate cut-
off levels shall be added to Section G(4) below for any drug added to this list.
4. Body Specimens - Urine will be used for the initial test for all drugs and for
the confirmation of all drugs, except alcohol. Blood will be used as the initial and
confirmation test for alcohol. Nothing in this section shall be construed to limit the
discretion of a physician to determine whether drawing a blood sample will threaten the
health of the employee, or if the employee has a medical condition unrelated to an
accident which may preclude the drawing of the necessary quantity of blood for a
testing specimen. No inference or presumption of intoxication or impairment may be
made in a case where a physician prevents a specimen extraction based on his or her
medical expertise.
5.
of employees.
Cost of Testing - The City shall pay the cost of all drug tests which it requires
6. Collection Site - The collection site utilized by the City must be mutually
agreed upon between the City and Local 2928. In addition, the City shall utilize a
collection site designated by the approved laboratory which has all necessary
personnel, materials, equipment, facilities, and supervision to provide for the collection,
security, chain of custody procedures, temporary storage, and shipping or transportation
of urine and blood specimens to the approved drug testing laboratory.
7. Security of the collection site, chain of custody procedures, privacy of the
individual, collection control, integrity, and identity of the specimen, and transportation of
the specimen to the laboratory shall be in accordance with Section 59A-24.005, Florida
Administrative Code. A form showing the chain of custody shall be used and
maintained for each employee tested.
8. Collection Site Personnel - A specimen for a drug test may be taken or
collected solely by a physician, a physician’s assistant, a registered professional nurse,
or other technician who has the necessary certification, training, and skills for the
assigned tasks.
G. LABORATORIES’ PROCEDURES
1. No laboratory may analyze initial or confirmation drug specimens unless the
laboratory is licensed by the Department of Health and Rehabilitative Services and is
capable of performing such tests in accordance with Section 112.0455, Florida Statutes,
and its attendant rules in Section 59A-24.006, Florida Administrative Code.
2. Laboratory Assistance - The approved laboratory shall provide technical
assistance to the MRO or employee for the purpose of interpreting any positive
confirmed test results which could have been caused by a prescription or non-
prescription medication taken by the employee.
6
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
3. Laboratory Analysis Procedures - All laboratory security, chain of custody,
transporting and receiving of specimens, specimen processing, retesting, storage of
specimens, instrument calibration, and reporting of results shall be in accordance with
Section 112.0455, Florida Statutes, and its attendant rules in Section 59A-24.006,
Florida Ad mini st rative Code.
4. Initial Test - The initial screen for all drugs shall use an immunoassay
methodology except that the initial test for alcohol will be an enzyme oxidation
methodology. The following cut-off levels, as established by the NlDA (National
Institute for Drug Abuse) shall be used when first screening specimens to determine
whether they are positive or negative for the drugs or metabolites specifically listed
below. (In the event that the following cut-off levels, as established by the NIDA, are
subsequently amended by legislation, the cut-off levels set forth below shall control) All
levels exceeding the following shall be reported as positive and reported for
confirmation testing:
Alcohol 0.05
Amphetamines 1000 ng/ml
Cannabinoids 100 ng/ml
Cocaine 300 ng/ml
Phencyclidine 25 ng/ml
Opiates 300 ng/ml
5. Confirmation Test - All specimens identified as positive on the initial test
shall be confirmed using gas chromatography mass spectrometry (GUMS) except that
alcohol will be confirmed using gas chromatography. All confirmations shall be done by
quantitative analysis. Concentrations which exceed the linear region of the standard
curve shall be documented in the laboratory record as "greater than highest standard
curve value." The following confirmation cut-off levels, as established by the NlDA
shall be used when analyzing specimens to determine whether they are positive or
negative for the drugs or metabolites specifically listed below. All levels exceeding the
following shall be reported as positive:
Alcohol 0.05
Amphetamines 500 ng/ml
Cannabinoids 15 ng/ml
Cocaine 150 ng/ml
P hencycl i di ne 25 ng/ml
Opiates 300 ng/ml
6. Drug-testing laboratories shall retain and store all confirmed positive
specimens pursuant to Section 112.0455, Florida Statutes, and its attendant rules as
established in Section 59A-24.006, Florida Administrative Code. The assigned
laboratory shall be required to maintain any specimens under legal challenge for an
indefinite period .
7
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
H. RELEASE OF RESULTS
1. Reporting Results.
a. The laboratory shall report test results to the MRO within seven
business days after receipt of the specimen by the laboratory.
b. The laboratory shall report as negative to the MRO all specimens which
are negative on the initial test or are negative on the confirmation test. Only
specimens which are confirmed as positive on the confirmation test shall be
reported positive to an MRO only for a specific drug.
c. The laboratory shall transmit results to the MRO in a manner designed
to ensure confidentiality of the information. The laboratory and MRO must
ensure the security of the data transmission and restrict access to any data
transmission, storage, and retrieval system.
d. The MRO and/or the tested employee may request from the laboratory,
and the laboratory shall provide, a detailed quantification of the initial and
confirmation test results.
e. The MRO will also verify that positive and negative test results were
properly analyzed and handled. The MRO will have knowledge of substance
abuse disorders and shall also be knowledgeable in the medical use of
prescription drugs and in the pharmacology and toxicology of illicit drugs.
The MRO shall evaluate the drug test results, which are reported by the
laboratory, verify the drug test results by checking the chain of custody form
that the specimen was collected, transported, and analyzed under proper
procedures as set forth in this Policy.
f. The MRO will initially notify the employee of a confirmed positive test
result within three business days of receipt of the test result from the
laboratory and determine if any alternate medical explanations caused a
positive test result. This notification may be accomplished via telephone.
This determination by the MRO shall include conducting a medical interview
with the employee, review of the employee's medical history, review of any
other relevant bio-medical factors, a review of all medical records made
available by the tested employee, and an inquiry as to whether any
prescription or non-prescription medications could have caused the positive
test result. The MRO will provide an opportunity for the employee to discuss
the positive test result and to submit documentation of any prescriptions
relevant to the positive test result for up to five business days after the
notification period.
8
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
g. The MRO will then communicate the test results of an employee to a
designated representative of the City and the employee. The test results
shall be communicated only after the MRO has verified that the positive
and/or negative test results were properly analyzed and handled and, in the
case of a positive test result, the MRO has provided at least up to five
business days for the employee to discuss the positive test results and to
submit documentation of any information relevant to the positive test results.
h. The MRO shall provide to the designated representative of the City and
the employee a copy of the test results subject to the employee protection
provision (Section J) and the confidentiality provision (Section N) of this
Policy.
2. All records pertaining to a given specimen shall be retained by the drug
testing laboratory for a minimum of five years. Also, drug testing laboratories shall
retain in place all confirmed positive specimens in a properly secured long-term frozen
storage facility for a period of at least one year from the date of the initial testing. Within
this one-year period of time, an employer, employee, or medical review officer may
request in writing that the laboratory retain the specimen for an additional period of time.
If no such request is received, the laboratory may discard the specimen after one year
of storage. However, when notified in writing, the laboratory shall be required to
maintain any specimens under administrative or legal challenge for an indefinite period.
1. CHALLENGES TO TEST RESULTS
1. Within five business days after receipt of a positive confirmed test result from
the MRO, the City shall inform the employee in writing via certified letter sent to the
employee’s last known address of the positive test result and the employee’s right to
explain or contest the test results. The employee must be allowed at least up to five
business days to submit information to the City explaining the test results prior to a final
decision by the City.
2. Within fifteen calendar days from when an explanation is due, the City must
notify the employee in writing of its final decision. If the employee does not submit
information explaining the test results, or if the City deems the explanation to be
unsatisfactory, the City must include in its final decision the consequences of such
results and the options available to the employee. All documentation shall be kept
confidential by the City and shall be retained by the City for at least one year.
3. An employee may challenge the testing procedures, test results, and/or
consequential action taken by the City through the grievance procedure. Grievances,
unless otherwise stated, shall be immediately arbitrated. The grievance process will
begin as soon as the City notifies the employee in writing of the City’s final decision
regarding the tested employee. However, if the employee disputes whether reasonable
suspicion exists, the employee may also file a grievance as specifically set forth in the
employee protection provision (Section J-2).
9
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
4. When an employee does undertake to challenge the results of a drug test, it
shall be the employee's responsibility to notify the laboratory in writing of such
challenge. After such notification, the sample shall be retained by the laboratory
indefinitely until the challenge is settled. However, regardless of challenge, all positive
confirmed specimens will be retained by the laboratory for at least one year from the
date of initial testing. [SEE SECTION H-2 (RELEASE OF RESULTS)]
5. Nothing in this drug-testing Policy shall be construed to eliminate or diminish
any rights provided to the City or the employee by the collective bargaining process and
the resulting collective bargaining agreement thereof.
J. EMPLOYEE PROTECTION & DISCIPLINE
1 . The supervisor recommending reasonable suspicion drug testing shall detail
in writing the circumstances which formed the basis of the determination that
reasonable suspicion existed to warrant testing. A copy of this documentation must be
given to the employee and Local 2928 prior to testing. The original documentation shall
be kept confidential by the City to the extent permitted by law.
2. If an employee disputes the supervisor's recommendation of reasonable
suspicion, the employee must, nonetheless, submit to a blood/urinalysis test, as ordered
by the Fire Chief or his designee, while also filing a grievance in writing directed to the
Fire Chief or chief officer on duty within two business days of the testing order. The
employee must also submit the grievance to Local 2928 within 24 hours of the testing
order. If it is unable to be satisfactorily resolved with the Fire Chief, such grievance
shall be immediately arbitrated under the expedited arbitration rules as set forth in
Section K (Expedited Arbitration for Reasonable Suspicion Cases) of this Policy.
Pending the arbitrator's decision, which shall be final and binding, the blood/urinalysis
sample shall be frozen, and testing by the laboratory shall be withheld. Test results will
not be released to any representative of the City unless the arbitrator confirms that the
City ordered the testing based on reasonable suspicion as defined in this Policy.
3. All employees may, upon request, have a Local 2928 representative present
during the testing procedure, provided that the test will not be postponed for more than
60 minutes while waiting for a Local 2928 representative. An attempt will be made to
telephone a Local 2928 representative advising of said pending tests, but in no instance
will the 60-minute waiting rule be waived, during which time the employee may not
urinate.
4. The City may place any employees who are tested for reasonable suspicion
under the provisions of this Policy on administrative leave with pay, or into a non-safety
sensitive position until the results of the official test are known.
5. The City may place any employees whose drug test results are confirmed
positive on administrative leave without pay until a final decision is made on the tested
employee by the City.
10
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
6. The City will not request or receive from any testing facility any information
concerning the personal health, or medical condition of the tested employee including
the presence or absence of HIV antibodies in the tested employee's body fluids.
7. The drug-testing laboratory may not disclose any information concerning the
health and mental condition of the tested employee.
8. During the 180-day period after written notification of a positive test result,
the employee who has provided the specimen shall be permitted to have a portion of
the specimen retested at the employee's expense. Such retesting must be done at
another HRS-licensed laboratory, as previously specified in this Policy. The employee
will submit a list of three laboratories, and the City shall then select one from the list.
The second laboratory must test at equal or greater sensitivity level for the drug in
question as the first laboratory. The first laboratory which performed the test for the City
shall be responsible for the transfer of the portion of the specimen to be retested, and
for the integrity of the chain of custody during such transfer. If the split sample is shown
to be negative, the City shall reimburse the employee for all costs associated with
retesting the split sample.
9. The City will not discharge, discipline, discriminate against, or require
rehabilitation of any employee on the sole basis of a positive initial (EMIT) test result
that has not been verified by a confirmation test.
IO. The City will not discharge, discipline, or discriminate against any employee
upon the employee voluntarily seeking treatment while under the employment of the
City for an alcohol or drug-related problem for the first such instance. This provision
shall not be construed to remove the rights of the City to discipline an employee not on
the basis of the positive drug/alcoho! test.
11. Documents and records with regard to the drug testing of an employee
shall not be placed in the personnel file of an employee if the employee is cleared
through a challenge; and/or under reasonable suspicion drug testing, if the employee's
test results are negative.
K. EXPEDITED ARBITRATION RULES FOR REASONABLE SUSPICION CASES
1. When an employee files a grievance alleging that the order of reasonable
suspicion was improper, this drug-testing grievance shall be submitted directly to
arbitration. Such grievance shall be heard no later than ten business days after the
employee files the grievance, unless otherwise mutually agreed by the City and Local
2928.
2. The arbitrator will be required to make a bench ruling at the close of the
hearing which must specifically determine whether the City had reasonable suspicion as
defined in this Policy to order the drug test. An oral response will be sufficient to settle
the grievance at the close of the hearing. Such oral response shall be reduced to
writing for the record by the arbitrator and submitted to the parties within five business
days from the close of the hearing.
11
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
3. The City and Local 2928 shall jointly select an arbitrator from a list provided
by the Federal Mediation and Conciliation Service through alternate striking. The
mutual selection through alternate striking shall take place on the same day the panel is
received or as soon as possible thereafter as agreed to by the parties.
4. If the selected arbitrator has no dates available within the time frame set
forth in this policy, the next arbitrator on the list will be called.
L. REHABILITATION
1. In the event that the results of the blood/alcohol or urinalysis testing are
confirmed positive, the employee must enter an alcohol/substance abuse program
approved by the City and Local 2928 before, during, or after exhausting all
administrative or legal remedies. The approved program administrator shall determine
when the employee has been successfully rehabilitated. There will be no set time frame
in which the program administrator will be obligated to determine whether an employee
has been successfully rehabilitated. If approved by the program administrator, the City
shall make every effort to place a safety-sensitive employee whose drug test result is
confirmed positive in a non-safety-sensitive position while the employee participates in
the employee assistance program. If a non-safety-sensitive position is not available, or
of the program administrator requires in patient treatment for the employee, the
employee shall be placed on leave status without pay until successfully rehabilitated. If
placed on leave status without pay, the employee may use any accumulated leave
hours prior to being placed on leave without pay. Refusal to enter such a program shall
result in the termination of the employee.
2. The City, Local 2928, and the employee will make every effort to ensure that
the rehabilitation of the employee will be successful. Once the employee is
rehabilitated, as determined by the program administrator, the employee must be
allowed to return to work without being disciplined for the employee’s positive drug test.
3. If the employee fails to complete the program, the employee may be subject
to discipline, up to and including termination.
4. If an employee is confirmed to have tested positive for alcohol/substance
abuse on a second occurrence, the employee may be terminated at the discretion of the
Fire Chief.
M. EMPLOYEE ASSISTANCE PROGRAM
The City shall have a contact person within the Human Resources Department
who will be responsible for providing the names, addresses, and telephone numbers of
the Employee Assistance Program available to employees.
12
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
N . C 0 N FI D E NTI AL ITY
1 . All information, interviews, reports, statements, memoranda, and drug-test
results, written or otherwise, received or produced by the City through this Policy are
confidential communications to the extent provided by the law.
2. The City, the assigned laboratory, the Medical Review Officers (MROs), the
employee assistance program?, and the drug and alcohol rehabilitation programs and
their respective agents who receive or have access to this information concerning drug-
test results shall keep all information confidential. Release of such information under
any other circumstances shall be solely pursuant to a written consent form signed
voluntarily by the person tested, unless such release is compelled by an arbitrator or a
court of competent jurisdiction pursuant to an appeal taken due to this drug-testing
Policy, or unless deemed appropriate by a professional or occupational licensing board
in a related disciplinary proceeding. The consent form must contain, at a minimum:
a. the name of the person who is authorized to obtain the information.
b. the purpose of the disclosure.
c. the precise information to be disclosed.
d. the duration of the consent.
e. the signature of the person authorizing release of the information
3. Information on drug-test results shall not be released or used in any criminal
proceeding against the employee. Information released contrary to this Policy shall be
inadmissible as evidence in any such criminal proceeding.
4. Nothing herein shall be construed to prohibit the City, an agent of the City, or
the laboratory conducting a drug test from having access to employee drug-test
information when consulting with legal counsel in connection with the actions brought
under or related to this Policy or when the information is relevant to its defense in a civil
or administrative matter.
0. EDUCATION
1. The City will maintain a current resource file of providers of employee
assistance, including alcohol and drug abuse programs, mental health providers, and
various other persons, entities, or organizations designed to assist employees with
personal or behavioral problems, including, but not limited to, those referenced in the
"Florida Comprehensive Directory, Drug Abuse and Mental Services," published by the
Department of Health and Rehabilitative Services.
2. The City must inform employees about any employee assistance programs
the City may have available.
13
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
P. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAINING
AGREEMENT
1. Any specific references in this Policy to Section 112.045, Florida Statutes,
and Chapter 59A-24, Florida Administrative Code, is hereby incorporated by reference
only to the extent there is no conflict with other provisions in this Policy. The specific
provisions of the drug-testing Policy shall control over any conflict with references to
Section 1 12.0455, Florida Statutes, and Chapter 59A-24, Florida Administrative Code.
2. This drug-testing Policy is in no way intended to diminish, waive, or
supersede any constitutional or other rights not specifically mentioned in this Policy that
the employee may be entitled to under federal, state, or local statutes.
3. This drug-testing Policy is in no way intended to diminish, waive, or
supersede any rights provided to employees under a collective bargaining agreement.
The employee also has a right to challenge the results of any drugs or alcohol tests and
any discipline imposed due to the provisions of this drug-testing Policy in the same
manner that any other employer action can be grieved under the terms of the collective
bargaining agreement.
(The remainder of this page left intentionally blank)
14
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
IN WITNESS WHEREOF, the parties have executed this Addendum to the
Collective Bargaining Agreement this day of ,2007.
CITY OF PALM BEACH GARDENS PROFESSIONAL FIREFIGHTERS/
PARAMEDICS OF PALM BEACH COUNTY
LOCAL 2928, IAFF, INC.
By: By:
Ronald M. Ferris, City Manager Michael J. Mayo, President
By: By:
Peter T. Bergel, Fire Chief Eduardo Morejon, DVP 6
Ratified by the City of Palm Beach
Gardens on the day of ,2007.
Ratified by the Union on the day of
, 2007.
Confirmed : Confirmed :
By: By:
Mayor, City of Palm Beach Gardens President, Local 2928
G:\attorney-share\AGREEMENTS\FR - addendum to cba - ARTICLE 49 ALCOHOL AND SUBSTANCE ABUSE POLICY.doc
15
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
IN WITNESS WHEREOF, the parties have executed this Addendum to the Collective Bargaining Agreement this day of , 2007.
CITY OF PALM BEACH GARDENS PROFESSIONAL FIREFIGHTERS1
PARAMEDICS OF PALM BEACH COUNT(
LOCAL 2928, IAFF, INC.
By: By:
Peter T. Bergel, Fire Chief Eduardo Mor-, DVP 6
Ratified by the City of Palm Beach on the $* day of
Gardens on the ~ day of 2007.
,2007.
Confirmed: Confirmed:
By: By:
Mayor, City of Palm Beach Gardens Prqent, Log2928
i
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
ofPalmBeachCounty,Inc.
IAFF Local 2928
2328 South Congress Avenue Suite 24
West Palm Beach, Florida 33406-7674
561 -969-0729 Fax: 561-96&1059
April 3,2007
Chiel' Pete Bergel
Palm Beach Gardens Fire Department
10500 N. Military Trail
Palm Beach Gardens, Florida 3341.0498
Dear Chief:
l'he Union conductcd a ratification votc on Monday April 2 and Tuesday April 3,2007
for the Side Agreement to Article 49, Alcohol and Substance Abuse Policy. This is to
advise you that the Side Agreement was ratified.
If you have questions or nccd any additional information you can reach at the above
captioned number.
Michael J.-Mayo
President
Affiliated with the International Association of Fire Fighters, AFL-CIO, CLC
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: June 29,2006
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 62,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA APPROVING AND
RATIFYING A COLLECTIVE BARGAINING AGREEMENT WITH
PROFESSIONAL FIREFIGHTERS AND PARAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. EMPLOYED
BY THE CITY’S FIRE RESCUE DEPARTMENT FOR FISCAL
THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
YEARS 2005-2006, 2006-2007, AND 2007-2008; AUTHORIZING
WHEREAS, the City’s Negotiating Team and the Professional Firefighters and
Paramedics of Palm Beach County, Local 2928, IAFF, Inc. have reached an agreement
regarding the collective bargaining agreement by the City of Palm Beach Gardens Fire
Rescue Department for fiscal years 2005-2006, 2006-2007, and 2007-2008; and
WHEREAS, the members of the bargaining unit subject to the collective
bargaining agreement have voted in favor of ratification; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to
approve and ratify the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
approves and ratifies the collective bargaining agreement between the City and the
Professional Firefighters and Paramedics of Palm Beach County, Local 2928, IAFF, Inc.
employed by the City’s Fire Rescue Department for fiscal years 2005-2006, 2006-2007,
and 2007-2008, attached hereto as Exhibit “A, and authorizes the Mayor and City Clerk
to execute said contract on behalf of the City.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: June 29,2006
Resolution 62,2006
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
a
f$
PASSED AND ADOPTED this 620- day of 3jLY ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
ATTEST:
BY: &.Aw
Patricia Sni r, CMC, CI lerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
/
BY:
Cmstine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
-- AYE NAY ABSENT
J
G:\attorney-share\RESOLUTlONS\collective bargaining agreement tire rescue-reso 62 2006.doc
2
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
r.
i Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 9,2007
Meeting Date: April 19,2007
Resolution 39,2007
Subject / Agenda Item:
Resolution 39,2007: Art in Public Places - Gardens Station PUD
Consideration of Approval: A request by Lucy Keshavarz, on behalf of PGA Development
Association, hc., for approval of the public art for the Gardens Station Mixed-Use Planned Unit
Development (PUD), which is located south of Parcel 5B, immediately north of the NorthCorp
PCD, east of RCA Boulevard, and west of the FEC Railway.
[ X ] Recommendation to APPROVE
[ ] Recoinmendation to deny
Reviewed by:
Planning Manager:
Brad Wi%m&i
1,)
City Attorney:
Development Compliance
Manager:
P Z D'vision Director w
Tala1 Benothinan, AICP
Growth Managemenp
Administrator: lfi
Kara Irwin, AICP
Originating Dept.:
Growth Management:
Project
Manager
Richard J.
Planner
Ketty * Labossi re,
Accountant
Advertised: NIA
Date:
Paper:
[XI Not Required
/"
Affected parties:
[ ]Notified
[XI Not Required
FINANCE: NA
Costs: $ NA
Total
$ NA
Current FY
Funding Source:
[ ] Operating
[XIOther NA
Budget Acct.#:
City Council Action:
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
0 Project Narrative
0 "Old Glory"
0 Landscape Plan
0 Artist's Resume
Response Letter to
AIPP Board
Resolution 39,2007
Escrow Reduction
Staff Response Letter
Illustrative Graphics
Letter
to Mr. Bills
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
EXECUTIVE SUMMARY
The subject request is for approval of the Art in Public Places (AIPP) for the Gardens
Station Planned Unit Development (PUD). The proposed public art would be placed in
front of the Gardens Station East building. The AIPP Advisory Board recommended
denial of the proposed art on December 19, 2006, by a 7-0 vote. Staff recommends
approval of Resolution 39,2007 with four conditions.
BACKGROUND
On December 16, 2004, the City Council adopted Ordinance 43, 2004 and Resolution
217, 2004 providing for a rezoning and master plan approval for the Gardens Station
Mixed-Use Planned Unit Development (MXD/PUD). Gardens Station consists of two (2)
buildings containing a total of 15,075 square feet of general commercial use, 17,550
square feet of medical office use, 47,200 square feet of professional office use, and 2,500
square feet of financial use.
DISCUSSION
The art consultant for the owner of the property, Lucy Keshavarz, met with the Art in
Public Places Advisory Board for an artist's portfolio review and "theme" workshop on
April 19,2005. Two art-concept workshops were later held on January 17,2006, and July
18, 2006, for further input and discussion from the Board. Two "Flagbenches" carved
from brick placed across from one another are selected to be proposed for the public art
for this project. These benches are approximately eight (8) feet long by four (4) feet high
and are located adjacent to RCA Center Drive.
PROPOSED LOCATIONS FOR ART
The applicant is proposing one (1) location for the public art:
1. The two "Flagbenches" are placed across from one another and oriented between
the Gardens Station East building and the adjacent RCA Center Drive.
The proposed location is consistent with the newly adopted Art in Public Places (AIPP)
code amendment within Land Development Regulations Section 78-262:
Visibility & Site Design Suitability: The proposed public art location is visible to
both internal and external pedestrian and vehicular traffic. The "Flagbench" is
located in the pedestrian plaza in front of the Gardens Station East building
adjacent to RCA Drive. The proposed public art may be enjoyed by pedestrians
walking through the plaza or by vehicular traffic passing by on RCA Drive. The
proposed location of the public art will offer the highest visibility to the general
public and is the most suitable location for the site's public art.
2
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 9,2007
Meeting Date: April 19,2007
Resolution 39,2007
Planning Integration: Again, the proposed public art locations are highly visible
and serve as integral components of the proposed development.
Landscape Integration: The landscaping has been designed to complement the
proposed art location and will serve to "frame" the proposed "Flagbenches"
against the Gardens Station East building.
Lighting: All proposed public art will be illuminated in an unobtrusive manner
through the use of up-lights.
Zoning and Building Consideration: The proposed artwork will be required to
obtain building permits and approvals to demonstrate compliance with the Florida
Building Code, the National Electric Code, and the previously-approved plans by
City Council.
The proposed art piece is consistent with the newly adopted AIPP code amendment
within the Land Development Regulations. City Code Section 78-261 (a) (3): Art,
Artwork, or Works ofArt, states that artist-designed seating or other functional art pieces
shall constitute art. According to City Code, the proposed "Flagbench" for the Gardens
Station development meets the criteria of what constitutes art. Furthermore, the proposed
art will be a unique piece commissioned especially for the Gardens Station development
and will not be mass-produced. City Code Section 78-261 (a) (4): Artist or professional
artist determines the criteria for the definition of an artist. Accordingly, Charles S. Partin,
the artist for the "Flagbenchl', fulfills the criteria of a professional artist, as determined by
the City Code (please see attached artist's resume).
City Code Section 78-261 (d): Requirements ,for art or .fee in lieu of art, states, any
project where the total vertical construction costs exceed $1,000,000.00 shall provide art
valued at one percent of the total vertical construction cost or pay one percent of the total
cost to the AIPP program. The proposed art for Gardens Station is compliant with the
aforementioned code requirement.
Fee Reduction
When the applicant for the Gardens Station PUD applied for a building permit
$51,426.00 was required to be placed into escrow for Art in Public Places. The applicant
has requested, if the proposed public art is not approved by City Council, the art fee be
reduced by $1 1,842.00. The applicant proposes to reduce the art fee to cover the
expenditures that have incurred throughout the approval process (please see attached
1etter.from John C. Bills dated February 1, 2007). Please be advised that City Code
Section 78-263 (a) allows City Council to waive the art fee. However, promotion of the
general welfare of the city is identified as a major factor in the waiving or reducing fees.
Staff does not support a waiver for the reduction of the art fees. Additionally, City Code
Section 78-263 establishes criteria for reducing or waiving the fees for existing
developments experiencing a financial hardship. Staff does not believe the Gardens
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 9,2007
Meeting Date: April 19,2007
Resolution 39,2007
Station PUD meets the criteria for a reduction in the art fee. Furthermore, the applicant
has failed to demonstrate that promotion of the general welfare of the City will be
achieved should the City Council grant this waiver.
ART IN PUBLIC PLACES ADVISORY BOARD
On April 19, 2005, the Art in Public Places Board was presented with an artist portfolio
review and public art "theme" workshop. The AIPP Board reviewed the work and resume
of sculptor/architect Charles S. Partin and was positive in their discussion and agreed he
was a well-qualified candidate. In addition, the developer's desire to commission a work
with a patriotic theme was also discussed.
Subsequently, two art concept workshops were held with the AIPP Board on January 17,
2006, and July 18, 2006, to seek direction from the Board. As a result of the two art-
concept workshops, the Art in Public Places Advisory Board raised concerns regarding
the public art selection. Some Board members were concerned that US Veterans may be
offended by someone leaning or sitting on a representation of the United States of
America Flag. The applicant stated that the developer's father is a Veteran and saw no
problem with the design. Furthermore, he actually felt that in the eyes of Veterans, one
does lean on the Flag as a symbol of strength and freedom.
On October 17, 2006, the Art in Public Places Advisory Board was presented with the
"Flagbench" for final recommendation to City Council. Lucy Keshavarz, on behalf of the
Applicant, brought a maquette and additional samples of the artist's work for the Board to
review. The members of the Board were still concerned that sitting or leaning on the flag
would be offensive to veterans. The Board also stated that the "Flagbench" did not
compliment the space and was out of scale in relation to the surrounding buildings. The
Board decided to table the subject petition and allow Ms. Keshavarz to further discuss the
"Flagbench" selection with her client.
The artist, Charles Sharrod Partin, responded to comments that were raised by the Board
in a letter dated November 6, 2006 (please see attached). Mr. Partin stated that it is
difficult to accurately visualize the size of the art from looking at the small maquette that
was presented to the AIPP Board. Mr. Partin assured the Board that the "Flagbench" will
be of the same high quality as the rest of his works and will compliment the space at the
Gardens Station site. Furthermore, Mr. Partin reiterated that consideration be given to the
needs and desires of private developers and be objective. Ms. Keshavarz returned to the
AIPP Board with the "Flagbench" as previously submitted.
On December 19, 2006, the Art in Public Places Advisory Board was presented with the
"Flagbench" again for final recommendation to City Council. Lucy Keshavarz, on behalf
of John C. Bills, the Applicant, addressed some of the Board's previous comments. Ms.
Keshavarz assured the Board that the art was in-scale with the massing of the buildings
and complements the overall project. The members of the Board were concerned that the
art did not Vow'' with the overall rhythm of the project and appears out of place. The Art
in Public Places Board recommended denial of the proposed "Flagbench" by a vote of 7-
4
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 9,2007
Meeting Date: April 19, 2007
Resolution 39,2007
0.
STAFF RECOMMENDATION
The petitioner has satisfied the requirements established in the City LDRs relating to the
provision of Art in Public Places. Staff recommends approval of Resolution 39, 2007
with conditions provided therein.
5
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 13, 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 39,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR THE GARDENS STATION PLANNED UNIT
DEVELOPMENT (PUD), WHICH IS LOCATED SOUTH OF PARCEL 5B,
IMMEDIATELY NORTH OF THE NORTHCORP PCD, EAST OF RCA
BOULEVARD, AND WEST OF THE FEC RAILWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 16,2004, the City Council approved the Gardens Station
PUD through the adoption of Resolution 217, 2004 thereby allowing the development of
17,550 square feet of medical office use, 47,200 square feet of office use, 15,075 square
feet of general commercial use, and 2,500 square feet of financial use on an approximately
7.60-acre parcel of land, which is generally located south of Parcel 5B, north of RCA
Boulevard, east of Loehman's Plaza, and west of the FEC Railway; and
WHEREAS, Lucy Keshavarz, on behalf of PGA Development Association, Inc., has
submitted a petition (AIPP-06-01-000012) with the City's Growth Management Department
requesting approval of the proposed Art in Public Places for the Gardens Station PUD; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on December 19, 2006, the Art in Public Places Advisory Board
reviewed said application and recommended its denial (7-0) to the City Council; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the proposed Art in Public Places
for the Gardens Station PUD located on the following described real property:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 13,2007
Resolution 39, 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
LEGAL D ESC RI PTI 0 N :
LAND DESCRIPTION: TRACT A AND TRACT B
TRACT A
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43
EAST, PALM BEACH COUNTY, FLORIDA; DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHEAST CORNER OF THE PLAT OF RCA PARK, AS RECORDED IN PLAT
BOOK 83, PAGE 63 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE 88’08’18” WEST, ALONG THE NORTH LINE OF SAID PLAT OF RCA PARK, A
DISTANCE OF 506.30 FEET; THENCE NORTH 01°50’34 EAST, A DISTANCE OF 356.19
FEET; THENCE SOUTH 88’08’1 8” EAST, A DISTANCE OF 407.81 FEET TO A POINT IN
13’36’46” EAST, ALONG SAID WEST LINE A DISTANCE OF 369.59 FEET TO THE
POINT OF BEGINNING.
THE WEST LINE OF THE F.E.C. RAILROAD RIGHT-OF-WAY; THENCE SOUTH
CONTAINING 162,799 SQUARE FEET (3.737 ACRES, MORE OR LESS).
TRACT B
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43
EAST AND SECTION 1 OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF RCA PARK, AS
RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 88°08’18” W, ALONG THE
NORTH LINE OF SAID PLAT OF RCA PARK, A DISTANCE OF 586.30 FEET TO THE
POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF THE PLAT OF
RCA PARKTHE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. N 88°08’18” W
A DISTANCE OF 308.47 FEET; 2. N 88°10’56” W A DISTANCE OF 217.18 FEET TO A
POINT IN THE EAST LINE OF RCA BOULEVARD; THENCE N 10°13’44 W, ALONG
SAID EAST LINE A DISTANCE OF 194.30 FEET; THENCE S 88°08’18” E A DISTANCE
OF 178.00 FEET; THENCE N 0’50’34” E A DISTANCE OF 166.36 FEET; THENCE S
88°08’18” E A DISTANCE OF 388.29 FEET; THENCE S 0’50’34” W A DISTANCE OF
356.1 9 FEET TO THE POINT OF BEGINNING.
CONTAINING 168257.225 SQUARE FEET OR 3.863 ACRES, MORE OR LESS.
SECTION 3. This approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
1. “Old Glory” Sculpture Details submitted by Art & Culture Group Inc., received
and stamped by the City on March 12, 2007.
2
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 13, 2007
Resolution 39,2007
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
2. Gardens Station Landscape Plan, submitted by Cotleur & Hearing Inc., received
and stamped by the City on March 12, 2007, 1 Sheet.
SECTION 4. This art approval shall comply with the following conditions, which
shall be binding upon the Applicant, its successors, assigns, and/or grantees:
1. The art shall be installed by November 30, 2007, unless extended in
accordance with City Code. The City shall have the option of withdrawing the
escrow if the art is not installed by the established deadline.
SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the Applicant or Applicant's agents at any workshop or public
hearing .
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
3
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: March 13,2007
Resolution 39, 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
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR LEVY
COUNCILMEMBER JABLIN
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
GAattorney-share\RESOLUTlONS\aipp - gardens station - reso 39 2007.doc
4
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
March 12,2007 - i:; It ure
6 I nc- City Council Members
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: AIPP for Gardens Station
Dear City Council Members:
On behalf of John C. Bills Properties, it is my pleasure to submit the enclosed
information for your review with regard to the approval of the proposed public art for
Gardens Station. Request for approval of the public art is on the City Council agenda
for the April 19,2007 meeting.
art cj,cultural
programming
desi9 and
consulting
CITY OF PALM BCH GBNS
Documents enclosed:
Enclosed you will find the following documents for review-
0 Images of the clay maquette that include dimensions
Two renderings with imposed images of benches
Material / color board for buildings
Color sample for brick pavers in pedistrian areas
0 Landscape / site plan that indicate location of benches & lighting
0 Landscape plant list
0 Resume for Charles S. Partin
0 Examples of Charles S. Partin’s work
0 Letter fiom Charles S. Partin addressed to Art Advisory Board dated
Novemember 6,2006
Maquettes or models are tools in the process, and although to scale, not
Please Note:
an exact replica. In this particular case the maquette of the proposed benches
appears heavier and more massive than the carved brick benches will actually
be. Examples of Mr. Partin’s past work are included for better understanding.
The brick color of the proposed benches will be darker than the clay
maquette. A sample of the brick will be shown at the April 19* city council
meeting. pggNINrJ b ZONING Dl’l
Project review:
located directly across fiom each other on the east and west sides of RCA Center Drive
one block north of RCA Blvd. The combined art budget for Gardens Station is a total
of 5 1,426. The proposed public art would be placed in hnt of the Gardens Station east
building.
An artist portfolio review and public art “theme” workshop was conducted with
the AIPP Advisory Board on April 19,2005. After reviewing the work and resume of
sculptor/architect Charles S. Partin the Board was positive in their discussion and
agreed he was a good choice. Mr. Partin carves brick to create a variety of stand alone
sculptures as well as high and low relief work. It seemed the Board was both intrigued
Gdens Station comprises two buildings; east and west. These buildings are
66 St. James Drive
Palm~ch~rdens
rbda 3wl8
Phone/fax (561)622-9892
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
2
and excited by the medium and work of this artist. Also discussed with the Board was
the developer’s directive to commission work with a patriotic theme and in a realistic
style.
Two art concept workshops were held with the AIPP Advisory Board on
January 17,2006 and July 18,2006 for input. During both of these workshops, benches
made of carved brick were shown. During the July 18,2006 workshop a rough sketch
of what has become “Old Glory” was shown to the Advisory Board.
members that some people, in particular US Veterans may take offense to a person
appearing to lean on a representation of the US Flag. Given this input from the
Advisory Board the artist changed the design so the carving of the flag was on the back
of the bench; leaving the inside smooth and to elevate the flag portion so it would not
appear to touch the ground. The Advisory Board asked the developer to ask Veterans
what they thought. The developer’s father is a Veteran; he liked the design and saw no
problem in reference to the AIPP Advisory Board’s concern. Actually he felt that in the
eyes of Veterans one does lean on the Flag as a symbol of strength and freedom. As
requested by the Chairperson of the Art Advisory Board, this information was conveyed
via email to City Staffso it could be communicated to the members of the Advisory
Board. We did not hear anything back and continued to move forward on the design.
and design team. Those of us working on the project including the developer felt that
Mr. Partin did a wonderful job addressing the concerns of the advisory board while at
the same time keeping the directive of the developer. Mr. Partin’s maquette of “Old
Glory” has the United States Flag carved on the back of the bench while at the same
time giving the bench a very elegant shape and design from every angle. He has
captured the fluid movement of a flag as it would float, curl and dance in the wind.
The decision was tabled and at the prompting of the chairperson, the Art Advisory
Board suggested the proposed benches be abandoned and perhaps a wall with the relief
of a flag could be created by the artist. In fact the chairperson handed me a little
drawing to explain her concept. It must be noted that during the two art concept
workshops in which benches had been presented, the Advisory Board did not make such
a request. After going through several workshops and responding to comments by the
Board, this request was a shock. The artist, with training and professional work
experience in both fields of architecture and sculpture, felt compelled to write a letter as
you will see attached.
After discussions with developer, artist and design professionals, it was decided
to go forward with the proposed public art; “Old Glory.” The recommended approval
process had been followed and input by the Art Advisory Board had been
incorporated after each workshop. As a result a high quality, unique and site specific
work of art has been designed that meets the needs of the public, developer and
ordinance. Furthermore, it is felt by the artist, design professionals and the developer
that a wall type structure with a relief design would not compliment the site nor provide
a work for the public as good as the proposed benches. The timing of such a suggestion
by the chairperson is at odds with the Board’s recommended process and seemed quite
unprofessional. Additionally, from a design standpoint a wall relief is undesirable as it
would visually block the entrance of Gardens Station East. From a safety standpoint it
is undesirable because it would provide a place to hide.
During the July 18,2006 workshop there was concern by the Advisory Board
Other questions and concerns of the Advisory Board were addressed by the artist
The final submittal went before the Art Advisory Board on October 17,2006.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
3
Once more on December 19,2007, we went before the AIPP Advisory Board
for final approval, restating the reasoning behind the proposed public art. “Old Glory”
was not approved for recommendation to City Council.
Placement & description:
perpendicular to and between the Gardens Station East building and the adjacent RCA
Center Drive. Each bench will measure 8 feet wide by 3.5 feet deep. The height of the
seating portion of the bench would be the standard height of 18 inches high with the
height of the back and arm portions varying between 28 inches to 48 inches off the
ground.
The structure will include steel reinforced, poured concrete foundations, a single
wyth of concrete backup and brick both on the back and on the back support of the front
side of the bench. Engineering drawings will be provided to the city prior to the request
for a building permit.
The proposed benches would be placed across from one another and
Budget:
Below is the estimated budget breakdown at completion of this AIPP project-
Charles S. Partin (cost of benches & design fee) $39,000
Arts consulting fee $ 8,500
Art specific landscapehardscape design & materials $ 5,000
Foundation and structural work $ 3,000
Engineering $ 4,000
Lighting $ 3,000
Total estimated AIPP costs $62,500
Timing:
Mr. Partin must create these benches at a brick yard and the one he is established
with is in the state of Nebraska. Due to Nebraska climate, the artist is able to carve only
in the spring and fall months of each year. Please see tenative timetable below-
April 2007
End of May through July 2007
August & September 2007
November 30,2007
approval by City Council
carving benches (six weeks per bench)
bricks are dried, fired, packed & shipped
installation complete
Thank you for your time and assitance in this project.
Sincerely,
Lucy M. F. Keshavarz
Arts Consultant to John C. Bills Properties
Enclosures
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
“Old Glory’’
8’ long x 3.5’ deep x 28” to 48” high
Carved Brick
Charles Sharrod Partin, sculptor & architect
clay model
c
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
“Old Glory”
8’ long x 3.5’ deep x 28” to 48’’ high
Carved Brick
Charles Sharrod Partin, sculptor & architect
clay model
I
Y,,
I Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Z 0 c1 m .. cncn CDCD CDCD w CD 3 a 5' os
0 r
3 0 3. !2
0 CD 3 8
P T e
I
Canceled - Lack of Quorum
t ---
a
Gardens Station East (enlargement)
Rendering which indicates placement and massing of benches at center entrance.
NOTE: -please see sample pictures of brick used for benches and brick pavers (ground)
for understanding of color
-please see landscape / site plan for landscape placement and material detail
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
w q w
a
!$
v) e a
L I I I Canceled - Lack of Quorum
Gardens Station Brick Paver Sample Used on ground in pedestrian areas
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Canceled - Lack of Quorum
I.
Canceled - Lack of Quorum
Charles Sharrod Partin
7335 Candlelight Court, New Port Richey, Florida 34652
EDUCATION
Charles Partin studied with Bauhaus trained sculptor Fredriech Holschou and received his B.F.A. in
sculpture, and a minor in Art History, fiom Florida State University in 1965. He then spent five more
years at the University of Florida, where he received his B.A. in architecture in 1971.
CAREER - For over 25 years Mr. Partin was sole proprietor of a successfid architectural practice in Pasco
County, Florida designing award wining schools, homes, office buildings and over 50 church
projects. He retired in 1995 to devote all of his time to his sculpture career.
For twenty two years, he served on the national board of directors for the Interfaith Forum for
Religion, Art and Architecture. For five years he served as a national design consultant for the
Disciples of Christ, working on projects as varied as the renovation of a 100 year old Seattle
church to helping a Miami church recover from Hurricane Andrew.
-
BRICK MURALS INCLUDE -
-
An 18X24' water wall for Cavalier Square, a New Port Richey, F1. city park. Mr. Partin, as
architect for the park, designed the huge wall as a stage proscenium
A lux1 4' mural for the new auditorium of P.K. Yonge developmental school, the University of
Florida. The Piece was commissioned by the Art in State Buildings Program of the State of
Florida.
A 4W8' indoor residential mural which abstracts quaking aspens. Privately commissioned in
Silverthorne Colorado.
A 6' foot high statue of "Hanuman, Lord of the Winds" for the Sivananda Yoga Ashram, Val
Morin, Quebec.
Two exterior murals for "The Village of Coloroc," a park-like arrangement of 3/4 scale brick
facades designed by Mr. Partin to display brick for Coloroc Brick Distributors, Tampa. One of
these, a 3'x7' Florida landscape, adorns a monumental exterior fire place. The second, which is
a maquette for the afore mentioned water wall, is an operating fountain.
A 5'xS abstract fireplace mural for a private residence, New Port Richey, F1.
Numerous "temples" and pagoda-like fountains which grace ponds and gardens throughout the
country.
Design and rendering of a 12' obelisk mural for West Palm Beach Community Center.
A 9'x 20' landscape mural, for a private Tampa community, depicting the varieties of local
Florida flora.
A 16'x4' sculpted sign, for a private Tampa community, based on a three dimensional spiral.
Selected as finalist for a 90' carved serpentine wall- Chapel Hill Aquatic Center- selection not
yet determined.
-
-
-
- -
- -
-
Mr. Partin produces his larger brick murals at the mural studios of Endicott Brick Company,
Endicott, Neb. and at Carolina Ceramics, Columbia S.C.
As a RAKU ceramic artist, he has exhibited in art shows and galleries in Florida, California,
Colorado, Arizona, New Mexico, Pennsylvania, South and North Carolina, and Quebec. He has had
one man shows at the Pottberg Library, New Port Richey, Fl., The Pasco College Gallery, Dade City,
Fl., LYA gallery, SantaFe N.M., and the Pasco Art Center, Holiday, Fl. He has exhibited in numerous
group shows with the Exhibiting Society of Artists, St. Petersburg, FL.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
I
ai E ,o m
4 W
VI 3
oi N r;
0 e
Canceled - Lack of Quorum
*
November 6,2006
AIPP ADVISORY BOARD
City of Palm Beach Gardens
10500 North Military Trail
.
Palm Beach Gardens, Florida 33410
RE: Roposed Public Art
Gardens Station
The
studios of charles sharrod partin
Dear AIPP Advisory Board Members:
While I appreciate your civic desire to make sure that your city receives the very best quality -01% possible, I feel that in
our case, you are preventing that which you wish to encourage. To keep this project in limbo is hindering the cause of public
art and is costing many people much time and money.
I know that it’s difficult to visualize a large, carved brick sculptural bench from looking at a small scale, schematic maquette,
my whole body of work. I’ve spent many hours of work on this project and have created what most that have seen it
recognize as an exciting piece of hctional art. Attached is a piece at the University of Florida which has similar waves.
Envision that on our bench and I am sure you’ll see the exciting visual impact it will have.
architect
&
sculptor
35
but I assure you that the resulting piece, with mortar joints accentuating the flowing lines, wiIl be of the same high quality as ?&$e.
When an artist is selected to create a specific work of art one looks at his previous wo&, his qualiftcations and at the
recommendations of those who have worked with him. By doing so, you help protect the community from any bad surprises.
You have done that with my work and have seen enough of my sculptures to know that you can feel comfortable that I will
produce a piece of which you will be pleased and proud.
I would ask that you approve “Old Glory.” This work may not be what you personally want to see, but an objective view
point is needed in public art. Due to Palm Beach Gardens’ exceptional ordinance which requires public art of private
developers, it would seem considemtion should also be given to the needs and desires of the developer. The developer has
come a long way through this process. We are very proud of “Old Glory”; we feel the public will be very happy with it and
that it is very appropriate for the site.
Sincerely,
Charles Sharrod Partin
Architect & Sculptor
cc: City Council Members
727 2070391
my j apa@gmail.com
myjapa.com
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
IC-
2 & 3 Part Inventions
by Charles S. Partin
architect - sculptor
Located: University of Florida
Gainesville, Florida
I
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Iohrz c. BILLS Pvopevties, Irtc.
February 1,2007
Ms. Kara Irwin, Director
Growth Management
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re: Art In Public Places - Gardens Station
Kara,
Our company has spent nearly two years, working with Art & Culture Group, and the City's
Art Advisory Board, for the purpose of identifying and gaining approval for, a work of art that is
acceptable to both the owners of this project, and the City of Palm Beach Gardens (see letter attached).
We hired professional artist, Charles Sherrod Partin, to develop a concept, drawings and clay models,
for presentation to the Art Advisory Board. As you know, it can be difficult to come up with art that is
pleasing to all parties. To date, we have spent $1 1,842 in fees to the artist and the art consultant.
We were recently advised by the Art Advisory Board, that the art, which we have been
discussing with them for over a year, is no longer acceptable. This was told to us, after negotiating the
appearance of the proposed art for several months, and paying the artist to make numerous changes, to
comply with the requests of the Board. The fact that the membership of the Art advisory Board
changed during this period, may or may not have caused a lack of continuity, but we feel it was a
contributing factor, nevertheless.
When we applied for our building permit for this project, we placed $51,426. into escrow, for
the Art in Public places. Since it appears that we have now reached an impasse, we are hereby
requesting that we be permitted to issue a check to the City of Palm Beach Gardens, for $39,584. in
settlement of our remaining obligation for this project. This sum represents the difference between the
original ob!igation, and our expenditures to date.
Given the quality of art that we have previously installed, in conjunction with various projects
here in Palm Beach Gardens, we are deeply disappointed that the Art Advisory Board has the unilateral
ability to dictate any and all works of art, that are paid for, owned, and maintained by the developers
and taxpayers of this City.
Thanks for your kind consideration in this matter. We respecthlly await your reply.
John C Bills
President 3950 RCA Boulevard, Suite 5000
Palm Beach Gardens. FL 33410
(561) 627-7551 Fax (561) 625-9230
CITY OF PALM BCH GDNS
FEB 07 2007
Any information given herewith is obtained from sources we consider reliable However, we are not responsible for
misstatements of fact, errors, omissions, prior to sale, withdrawal from market, or change in price without notice
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH RDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
February 15, 2007
John C. Bills
John C. Bills Properties, Inc.
3950 RCA Boulevard, Suite 5000
Palm Beach Gardens, FL 33410
RE: Art In Public Places (AIPP) - Gardens Station
Dear Mr. Bills:
Thank you for your letter concerning the Art In Public Places Petition Number AIPP-06-
01-00001 2. City staff encourages public and private partnerships through our Art In Public Places
(AIPP) program in an effort to improve the City and aesthetics of our community. Your comments
have been noted by staff, reviewed by the Growth Management Department, and will be made
part of the record for said development.
City staff has reviewed your concerns regarding the AIPP Advisory Board and offers the
following responses to the issues raised in your letter. Please note that the AlPP Advisory Board
serves an advisory role, and is not the decision making body. City Council has ultimate authority
in approving or denying proposed art. Although the Board may not support your proposed art, you
may continue on to City Council for final approval or denial of the art. Furthermore, our records
indicate that the membership of the AlPP Board has remained the same throughout the last two
years, with only one new Board member being appointed on October 1, 2005.
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 construction cost towards the AlPP
for building the project. Staff does not have the authority to decrease this fee. Please be advised
the developer can request a waiver from City Council in accordance with City Code Section 78-
262 (h)(l) which states, "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." Therefore, you are required to pay the complete
sum of your original obligation ($51,426) and cannot deduct your expenditures unless City
Council approves the reduction in fees.
If we may provide additional information, or if you have any questions, please contact
Richard Marrero at 799-4243 or the above address. Thanks again for your input in this matter.
"M Kara Irwin; AICP
Growth Management Administrator
cc: Brad Wiseman, Planning Manager
Bahareh Wolfs, AICP, Development Compliance Manager
&chard Marrero, Planner
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover M eino rand urn
Date Prepared: April 2, 2007
Meeting Date: April 19, 2007
Ordinance 2, 2007
Resolution 19, 2007
SUBJECTIAGENDA ITEM
Ordinance 2,2007 8; Resolution 19,2007: Sunoco Service Station Planned Unit Development.
Consideration for Approval: A request by Ke\ in M cCiiiley of Land Research Management, Inc., agent for
S&S Rentals, L.L.C., for a rezoning of an O.SO-acre parcel of land from General Commercial (CG-I) to a
Planned Unit Development (PUD) O\ erlaq \\ it11 imderlying General Commercial (CG- 1) zoning and a
Conditional Use approval to allow for the rede\ elopment of an existing gas station convenience store generally
located at the southeast corner of PGA Boulevard and Prosperity Fariis Road.
[XI Recommendation to APPROVE with S requested I\ aivers.
[ ] Recoiiiiiiendation to DENY.
Rcvicwcd by:
F i I I 1111 c c_ NIA
Dcvclopiii cii t = Baliarcli KcsliavarL-Wolfs.
AlCP
Approwd By:
Growth Managciiiait:
Principal Planncr:
Todd Miller. ATCP
*
[ 3 Quasi -Judicial
[ ] Lcgislativc
[XI Public Hearing
Advcrtiscd:
[XI Requircd
[ ] Not Required
&%Ctcd Panics:
[XI Notified
[ ] Not Reqiiircd
FINANCE: N A
Finaiicc Adniinistrator:
Allan Owciis
NIA
Bu
K.
Fccs paid: [ ]
Date:
Budgct Acct.#:
NIA
CC Action:
Appro vcd
App. wi conditions
Denied
Rcc. approval
[ ] Rcc. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:-
Attnchmciits
1 Conditiondl Use
Andlysis
2 Projcct Ndrrdtivc
3 WdiLcr Requcst
4 Concurrcncy ApprOVdl
5 Rcsolution 33. 1992
i Prosperity Centre)
6 Oidinmcc 6. 200 I
(200 I Approvdl)
7 Proposcd Sitc Phi dnd
Arch it cct urd1
Elevdioiis
8 Proposed LdlidsCdpC
9 Color Sitc Plan
10 Color Elcvdtioiis
Lighting Dctnils
Ordindncc 2. 2007
Rcsolution 19. 2007
Pldll
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared. April 2. 2007
Meeting Dale: Apiil 19, 2007
Ordinancc 2.2007
IlCSOlUtlOll 19. 2007
E S EC UT IVE SUM MARY
The existing site is an 0 80-acre parcel (to be referred to as the “Sunoco Service Station”) at the
southeast comer of Prosperity Farms Road and PGA Boulevard The applicant is requesting a
rezoning of the 0.80-acre parcel of land fi-om General Commercial (CG-1) 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
station/convenience 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 (18 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 fiom 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 31, 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 fi-om 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 Coil-idor 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 cull-ently
requested waivers, and indicate the reason why the waivers were eliminated
[The remainder of this page has been intentionally left blank.]
2
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: Apiil 2.2007
Mccting Date: April 19.2007
Ordinance 2. 2007
Resolution 19, ?007
Section 78-182 - Max. 1 100 footcandles
lllirminntinn I PVPIS
12 foot path to a 5
foot path Section 78-221 - PGA Blvd.
1 Section 78-285 - Ground 1 15 feet
Foundation Plantings
Stacking Distance
Front Setback feet
Section 78-153 - 15 feet to 6.5 feet
Min. Side
Setback
Section 78-154 -
Min. PUD Size
Meeting the No longer
LDRs requesting .
requirements
Not applicable. No longer
0.80 acre PUD
requesting.
1 sign to 4 signs
15 feet to 6 feet
8 feet to 6.5 feet
Section 78-285 -
Wall Signs
Section 78-285 -
Ground Signs
Section 78-319 -
Min. Landscape
Buffer
Section 78-320 -
Min. Foundation
PI anti nas
8 feet to 0 feet
Meeting the No longer
LDRs requesting.
requirements
Section 78-364 - [ 1 Loading space to
Loading spaces 1 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 #S - Section 78-221 - Code section is not applicable to the subject property
Waiver #IO - Section 78-344 - City Engineer has administratively approved the reduced stacking as
allowed by the LDRs
LAND [JSE AND ZONING
The subject site currently has a land use designation of Commercial (C), and a zoning designation of
CG- 1 The CG- I 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: Apnl 1.2007
Meeting Date: Apil 19. 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
Subiect Propert
Sunoco Service
Station
Harbor Financial
Center
Prosperity Centre
Shopping Plaza
PGA Plaza
Prosperity Centre
Shopping Plaza
Zoning
General Commercial
General Commercial
General Commercial
Planned Unit
Development Overlay
Zoning
General Commercial
General Commercial
Planned Unit
Development Overlay
Zoning
Commercial
Commercial
Commercial
Commercial
Commercial
This site is subject to the requirements of the PGA Boulevard Con-idor Overlay. The intent of the
Overlay is to establish and maintain high standards of design and aesthetics for this coiridor as it
serves as the signature gateway into the City.
CONClJRRENCY
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. piimp stations Please note, though, that the existing building is only 2,177 square feet, and the
proposed building is 2,337 square feet
Drtriritrgc
The proposed PUD is under the jurisdiction of the South Florida Water Management District
4
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: April 2. 2007 meeti in^ Date: April 19, 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 piiiyoses 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 stomwater from
the site. Legal positive outfall is available through the existing stomwater drainage system within
PGA Boulevard (along the property’s northern boundary).
CVo t ci; Sei 1 ICI’ nil tl CVtis t e Ma11 trgem CII t
The applicant has reserved water, sewer capacity, and waste management service for the site.
PROJECT DETAILS
Sitc ‘4cces.S
As it exists today, the site has two nonconfoiming 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 fiom the City Engineer, which is permissible under Section
78-344 of the LDRs
Pursuant to Section 78-22 I (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 comers of the site The additional access will help
alleviate the amount of trips on Prosperity Faimis Road and PGA Boulevard
Sitc Plrrii mid Dcsigii Ferrtiires
The proposed site plan includes the complete removal of the existing building and canopy, and the
construction of a new, modem building and canopy, which uill 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 fi-om eighteen (1 8) to twelve (12), 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 Prosperity Farins Road Lastly, staff has recommended a condition of
approval requiring all utilities be located underground, pursuant to Section 78-22 1 (i) of the LDRs
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: April 2. 2007
Meeting Date: Apiil 19. 2007
Ordinance 2, 2007
Resolution 19. 2007
..I rchitccturc
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 fapde, 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 co1oi.s 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
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 propeity line However, the
applicant is requesting a 1 5-foot waiver to the landscape buffer along the southein 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 (1 2) parking spaces. The
petitioner is providing 12 spaces, one of which is handicap accessible. The petitioner has also
provided one bicycle parking space.
The petitioner has indicated that the development \vi11 be constructed in one phase
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 sti-eetscapes, 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 Li,plitiiig
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 photometrics have been reviewed and found to be in
compliance with Section 78-1 82 of the LDRs by the City Engineer
6
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
I);atc Prepared: Apiil 2, 2007
Meeting Date: Apiil 19. 2007
Ordinance 2. 2007
Ilesolution 19. 2007
CP TE D Coniplirriice
The petitioner shall comply with the Crime Prevention Through Environmental Design (CPTED)
principles recommended by the Police Department (Please see conditions of approval).
24.24 feet
8.5 feet
.20 acre
3 signs
10.0 feet
1.5 feet
5 feet
1 space
Approval (5)
Approval (6)
Approval (7)
Approval (8)
1 ) The applicant is requesting a waiver froin LDRs Sectioii 78- 153, Tddc 12, Noliresidentid
Zoriiiig 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 westein property line
abutting Prosperity Farms Road that is the shortest property line, and thus, by definition, is the
fiont lot line As a result, all structures and buildings must meet the minimum required SO foot
kont setback off of Prosperity Farms Road 01‘ obtain a waiver Staff notes that the existing
building and canopies do not meet the required front setback The westein canopy is within
approximately 2 1 feet of the western property line While the applicant’s proposal still does not
meet the required 50 foot setback fiom Prosperity Farms Road, it will increase the canopy
setback from 21 feet to 25 76 feet, and locates the building 65.51 feet fiom the westein
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
3) The applicant is requesting a lvaivei. fimi LDRs Scctiori 78- 153, Tnhle 13, Nonresideiitinl
Zoiiiiig 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 sumounding 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Datc helxired: Apiil 2. 2007
Mccting Date: Apiil 19. 2007
Ordinance 2. 2007
Kcsolution 19. 2007
setback along PGA Boulevard, but does not meet the side setback along the southein 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 hither away fkom PGA Boulevard, staff recommends approval
3) The applicant is requesting a waiver fixmi LDRs Scctioii 78-154, Ttrhle 14, Pltriiiietl Uiiit
Dcvclopieiit (PUD) Overlq~ District, to reduce the minimum size requirement for a PUD fiom
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 78-1 54(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
3) The applicant is requesting a waiver from LDRs Scctioii 78-385, Tddc 34, Pemittcd sigris, to
permit the installation of a total of four wall signs Given the size of the building, and that the
building and canopy are located at the intersection of two major arterial roadways, staff
considers signs appropriate (Please note the applicant will be required to come back before the
Council for approval of their Master Signage Program ) Therefore, based on the location of the
site, the need for adequate building identification, staff recommends approval of the waiver
5) The applicant is requesting a waiver fiom LDRs Sectioii 78-385, Tohlc 34, Pcri?iitted sigiis, 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 89+ 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 IS’ 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 fiom Cit:) LDRs Sectioii 78-31 9(tr), Miiiii?iiii?i Iniitlsctrpe
hlffcr triirl pltriitiiig rcquircmeiits, to reduce the required landscape buffer along the southein
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 southein property line In consideration of the applicant’s efforts to create
confoiming 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 fiom L DRs Sectioii 78-330(4), Foiiiidtitioii laiirlscnpiiig
tziid plmtiiigs, 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
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 lefi with
8
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepred: Apiil 2. 2007
Mectiiig Date: Apiil 19. 2007
Ordiiiaiice 2. 2007
Resolution 19. 20(J7
enough room on the site to accommodate the required foundation plantings adjacent to the
bui Iding . Staff recommends approval.
8) The applicant is requesting a waiver fi-om Cig. LDRS Sectioii 7S-364(n), NLiruher of Lotitling
S~icrces 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 200 1, 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 staff-s 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.
F~IILII*C Ltiiirl (Jsc Elenleiit
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 Nlanmade Resources while minimizing
illly threat to the health, safety, and welfare of the City’s citizens that is caused by incompatible
land uses and environmental degradation.
Ob<jective 1.1.7.: The City shall maintain land development regulations containing standards and
provisions which encourage the elimination or reduction of uses inconsistent with the City’s
chilracter aiid future land uses.
Policy 1. I .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
aiid that are consistent with the goals, objectives, and policies of this Comprehensive Plan.
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.
9
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepired: Apijl 2. 2007
Meeting Date: Apnl 19,2007
Ordinaiicc 2. 2007
Resolution 19. 2007
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 I .I .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.
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 certiticate 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.
The proposed development has obtained all necessary concun-ency reservations, including the Palm
Beach County Traffic Concurrency Certificate, as mentioned above.
COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE
This petition has received DRC certification
outstanding issues have been resolved.
DRC certification indicates that all major
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.
CITY COUNCIL - FIRST READING
At the March 15, 2007 City Council meeting, the Council unanimously approved the petition on first
reading.
Based upon City Council comments at the first reading, City staff has reviewed the State Statute
requirements for generators at service stations In addition, City staff has reviewed the site plan in
IO
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Preptired: April 2. 2007
Meeting Date: April 19, 2007
Ordinance 2.2007
Kcsolution 19. 2007
order to determine the feasibility of accommodating a permanent generator on the site. Based upon
staff’s research, the Applicant is meeting the requirements of the State Statute by providing the pre-
wiring capability to operate an alternate poiver source This alternate power source (i e a generator)
must be able to power all fuel pumps, dispensing equipment, life-safety systems and payment
acceptance equipment In a letter facsiniiled to the City on March 29, 2007, Sunoco states that a
mobile generator is more protected during n stnmi event than a permanent generator, and will be
deployed within 24 to 48 hours of a storm event
The current site plan reflects a right-of-way dedication of 1,513 square feet. This right-of-way is being
conveyed to Palm Beach County at no cost to either the City of Palm Beach Gardens or the County.
(Please note that the Applicant will be required to pay the standard road impact fees to the City of
Palm Beach Gardens. However, the Applicant may choose to petition Palm Beach County for credit
against County road impact fees.) The right-of-way is needed in order to construct the eastbound
through lane at the intersection of PGA Boulevard and Prosperity Farms Road. Due to the already
small site area, .80 acres, plus the dedication of the needed right-of-way, there is limited space on site
to provide a permanent generator without impacts to parking spaces andor the on-site retention area.
As per the Council’s direction at first reading, City staff has prepared language for possible inclusion
of a requirement for a permanent generator on the site within the resolution. Should the City Council
wish to require the major conditional use to provide a permanent generator on-site, staff has developed
the following language:
Prior to the issuance of a building permit, the Applicant shall work with staff to
determine the process necessary for providing a permanent generator on site. The
generator shall be approved and installed prior to the issuance of a Certificate of
Occupancy.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 3, 9007, Resolution 19, 2007 and the eight (8) requested
waivers, subject to the conditions of approval therein.
[This space has been intentionally left blank.]
11
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
ATTACHMENT 1
Submitted by Applicant CONDITIONAL USE AN
City of Palm Beach Gardens LDR Section 78-52
(1) 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 term 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.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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;
c 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Conditional Use Justification
Page 3
(9) Compatibility. The overall compatibility of the proposed development
with adjacent and area uses, and character of area development.
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.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CONDITIONAL USE ANALYSIS
City of Palm Beach Gardens LDR Section 78-52
(1) Comprehensive plan. The proposed use is consistent with the
comprehensive plan.
StczfiCAnafysis: 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.
Stqff Analusis: 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.
St@ Analysis: The proposed use is consistent with the additional standards provided
in Section 78-159Q).
(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.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Stqf 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;
i. Visual impact; and
j. Hours of operation.
Stqf Analysis: 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. 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
adjacent properties.
Stq.8 AAnafgsis: 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 Ai~ili/sk: 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.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
(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.
Stqjf 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.
(10) Patterns of development.
timely, and orderly development patterns.
The proposed use will result in logical,
StqflAnalusis: 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.
StqfAnahisis: 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.
Stgf 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 Analysis: Staff has reviewed the proposed development plan and determined that
there will be no adverse impacts on environmental and natural resources.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
ATTACHMENT 2
Submitted by Applicant
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 floorlarea 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 sipficant 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 comdor. 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 hlly 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.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Speedway justification statement
Southeast comer of PGA Blvd. & Prosperity Farms Road
Page 2.
As noted above, the proposed project is entirely consistent with the Future Land Use Element of 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 traffic 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 thls 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 dramatically aesthetically improved and will
function much better. Further, the ne improvements will be klly 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.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Submitted by Applicant
- -
ATTACHMEN'T 3
JUSTIFICATION STATEMENT
WAIVER REQUESTS
FOR
PROPOSED REDEVELOPMENT OF ESlSTlNG SERVICE STATION
AT SOUTHEAST CORNER OF PGA BLVD. 61 PROSPERITY FARMS ROAD
The owneriapplicant for this project is requesting eight (8) waivers fkom the normal
development standards of the Zoning Code, as part 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 \vas previously approved by the City
Council but the approvals have lapsed The requested waivers are as follows
0 A waiver fiom the provisions of 78- 154 of the Zoning Code that require a
minimum parcel size 1 acre for commercial properties zoned PUD The
subject site is a long existing fiee 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 will 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
0 A waiver fiom the requirements of Section 78- 153 of the Zoning Code for
front setback (Prosperity Farms Road) to allo~v a setback of 25 75 feet, rather
than the normally required 50 feet This waiver will result in the construction
of a new canopy that is located approximately the same distance fiom
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 from the PGA Boulevard right-of-
way The new canopy will be set back 65 feet from 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Justification Statement
Page 2
a A waiver fiom the requirements of 78- 153 of the Zoning Code for interior
side setback (south side), to allolj, construction of the proposed new building
6 5 feet from the property line, rather than the 15 feet noimally required The
current 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 Currently, the area between the building and the property
line has minimal landscaping Fuithei., 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
a 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 portion 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 right-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 north 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Justification Statement
Page3
e redevelopment of a c-store w/ gas sales with limited size and depth, inclusion
of a foundation planter on the nodi 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-Lvay for PGA Boulevard. It should be
noted that the cun'ent development does not provide any foundation planting
In addition, the use of foundation planters in fiont of the particular 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 fimt 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 north 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
portion of a gas stations business is fiam 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 roadways
e A waiver fiom the requirements of Section 78-285 is being requested This
section of the code requires a 15 foot setback fiom property lines, to allow a
setback of 1 41 feet from PGA Boulevard and 4 64 feet fiom the coiner clip of
PGA Boulevard and Prosperity Farms Road The sign for the existing facility
is located in the southwest corner 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Justification Statement
Page 4
this waiver is caused by the requirement to provide for future right-of-way
needs for the adjacent roadways.
0 A waiver fi-om Section 78-364 is being requested The Code requires 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 I\ 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 infrequent 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 current
development standards. Further, the proposed modernized facility will aesthetically
improve both the subject site and the area
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
..-J V-T uu ua;u1p
I
0
Departmanc nf Enginooring
and Public Worlcs
P.0. Box 21229
West Pahi ~cnch, PL 315416.1229
1561) b84-4000
wvw.phr.gnv.com
ua
Palm Beach County
Doard of County
Commissionors
mny Mnsitorri, Chnirmnn
Addir: L. Creme. Vicc! Chairperson
County Adminiarramr
Haherr Weismnil
bien Hanks Cons Eng!
ATTACHMENT 4
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 Prospcrity Farms Road Gas Station Expansion
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Judy:
The Palm Beach County Trafftc Division has reviewed the traffic statement for the
proposed convenience store expansion project entitled PGA.1 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 GaKdens
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 uild-out; 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 build-out date, specified above, Tho 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 Hanks Consulling Engineering, Inc.
File: General - TPS Mun. Traffic Study Review
F:\TRAFF IC\maLr\dmin\Approva ls\06022 7.doc
.. .
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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 , '#PROSPERITY 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
terms 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
ie hereby granted.
1 res43.92
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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 ltD1l, 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 "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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
I
...- .,
12. 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.
14. The .20 acre area designated as a
18Garden" 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.
16. No construction traffic shall be
permitted on Xidd Road side of project.
17. No site work shall proceed until City
Forester has flagged trees on site to be
protected.
13.
15.
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. -
MAYOR MICHAEL MARTIN0
ATTEST :
(ACTING DEPUTY CITY CLERK
VOTE :
MAYOR MARTIN0 J
VICE MAYOR RUSSO -7- --
COUNCILMAN ALDRED -7- --
AYE NAY ABSENT -
COUNCILWOMAN MONROE 7 - -
COUNCILMAN KISELEWSKI J __ --
3 res43.92
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
\. \
CITY OF PALM BEACH GARDENS
lo500 N. MIUTARY TRAIL * PALM BEACH GARDENS. FLORIDA 334104698 (407) 7718200
May 26, 1992
Mr. Larry Smith
Gary, Dytrych & -Jan, P.
701 U.S. Highway I1 North Palm fieach, Florida 33408
Dear MK. Smith:
Enclosed please find copies of . 35 and 1992,
which were approved by the City Council at its regular iog on
April 16, 1992, and May 21, 1992, respectively.
Sincerely, yyQ.ch&&&u
J ckie G. Holloman
Administrative Secretary
Enclosures: as stated
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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-I 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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 inee r) .
I
15
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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 n g ) .
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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.
(1 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
M anag eme nt De pa rtm e nt :
Official Exhibits:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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, Puke 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
8
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
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Ordinance 6.2001
Meeting Date: April 5,2001
Date Prepared: March 20,2001
Petition PUD-0045
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 &# DAY OFld-w. 2001.
PLACED ON SECOND READING THIS,FDAY OF,/^, ~2001.
OF ArRcaOOI.
/-
COUNCILMN CARL SABATELLO
CITY CLERK
18
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Ordinance 6,2001
Meeting Date: April 5,2001
Date Prepared: March 20,2001
Petition PUD-00-05
APPROVED AS TO LEGAL
FORM ANMUFFIMNCY BY:
CITY M~RNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO d
VICE MAYOR FURTADO J COUNCILMAN JABLIN J
COUNCILMAN CLARK J
COUNCILMAN SABATELLO J
\\FILE-SRV\COMPROG\Short Range\pud0005ord.doc
19
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Ordinance 6, 2001
Meeting Date: April 5, 2001
Date Prepared: March 20, 2001
Petition PUD-0045
EXHIBIT “A”
20
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
LEGAL DESCRIPTION:
THAT PORTION OF A 200.00 FOOT BY 20000 FOOT PARCEL OF LAND
LOCATED IN THE NORTHWEST CORNEH 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 SECTlON 5: THENCE SOUTH 88
DEGREES 29 MlNUTES 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 COUNTY, 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 EASTERLY ALONG
ROAD 74) AN0 THE ARC OF SAID CURVE HAVING A RADIUS OF
11.513.16 FEET AND A CENTRAL ANGLE OF 00 OEGREES 21 MINUTES
47 SECONDS FOR 72.95 FEET TO A POINT OF TERMINATION ALONG
ME ARC OF SAID CURVE, WTH SAID POINT OF TERMINATION
BEARING SOUM 01 DEGREES 08 MINUTES 14 SECONDS WEST FROM
THE CENTER OF SAID CURVE; THENCE SOUTH 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 WlTH THE EASTERLY RIGHT-OF-WAY LINE
OF PROSPERITY FARMS ROAD; THENCE NORTH 01 DEGREES 29
MINUTES 00 SECONOS 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 WlTH THE SOUTHERLY RIGHT-OF-WAY LINE.
SAID SOUTHERLY RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD (STATE
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
PROSPERITY FARMS ROAO- LI
.. ii
I' :
!
1
111 I
I I
I
I
I
!
f-+
.. '
Canceled - Lack of Quorum
I i n\L
._-
@I si
*
-.- 4
f -+
.'I
Canceled - Lack of Quorum
3
d.
I-
JI I I. I
W
r!7 I
Canceled - Lack of Quorum
G-
II ii ii ii -ii- Ai -JJ 119 -4 is I I! $15 ! 1% /i ii
ii ii ii
i
I
Xf
ii 'i
i
/ ".
II
i ..
Canceled - Lack of Quorum
.. . :'+ 1 I-
I
I
I
I
I
I I
I
I
I
I
I
I
II
I --_. I
Canceled - Lack of Quorum
i s I_ ..... .. ... r r .. p; ...... - ... .. i- $4' - .I .. ., .. .. .. .. ... ... ... . '. . .: .. ... ... ... .. ... .. .. ...... .. .. '> .. ...... t. ... ... ..... ... .. .. ' '. .. L! ... ,. .. . 2- .... .... .... .. .. .- .. .. .... .. .. ..
........ . ,.. . .... ....
......
.... .. 3: ... :. p . .:.
' .. .. * ..I' ... ..
... .... .: . .. .. . :
..
.. ..
.. .. ....
.,
4m
C -I I I
.... pl
@P
.. ..
.. .. ..
..
..
fl
I P
P 4 0
s.4 c 1 1
4z 0 P m
D aJ 0 I i + m
Canceled - Lack of Quorum
I
0 D z 0 9
I G 1; 5 z
I
0 D Z 0 9
I I I I I I I I I I I
e I I I I I I I I I I I I I
e I I I I I I I I I I I I I
P I I 1 I I I I I I I I I I
d
b
b
b P I I I I I I I 1 I 1 I I I
4 - e I I I I I I I I I I I I I - e I I I I I I I 1 I
--1 -1 I I I I I I I
I
IQ- I
I
I
I I I I I I I I I
II I I- Le-- I I I I I I I I I I -I --J
I
I ir r
1’1
I I I I
I I I I I I I
? Z
pr-
/
/ / F’
Canceled - Lack of Quorum
4
Ill II 'I
r
1
1
Canceled - Lack of Quorum
I, 7 L n PROSPERITY FARMS ROAD ULTIMATE R/W=110' (1 24' EXISTING R/W=85' ROAD R/W + 39' CANAL R/W) c I I 1 \ \ \ \ \ __ c I -0 e. r+ 01 I I z P m N E 9 m- I -1 I /
I
t ----/k----A
u--
I1
I
\
0
Ur
sunoco
Palm Beach Gardens, Florida
Canceled - Lack of Quorum
- 0 PO m ? m '3 ?P m 'L" " c Y N.- m u 0 N N N 0 0 0 "P? m * ?? m >L m ?6 Y N?
u u
0
u u 8
m 'Q P? "0 m 7 'I? ?
sunoco
Palm Beach Gardens, Florida
Canceled - Lack of Quorum
. -- l-==s==c-==-=J
.-
I
I
II RICHARD WENSING
ARCHTE-8 -8, PA
SUNOCO = CONVENIENCE STORE
WloSpERm FARYS RQlD & PGA KVD. PKU BUCH GARDENS. RORM
uoo0.L.. MQoQtn 12-24
Canceled - Lack of Quorum
_. - N v, \ \ '\ \ \ \ \ I I I I I i I! -11 - I. , I e 0, m 0
/- I
'I.
I
I!
I
1
I
!
li
ttt;
i
i.
t
I
i
I
I
I I
I
'6
J !
L
I
.'
I i \ti
I I ly!
ClW QF ? SDNS
3 m
i!
FEB 09 2007
el
Sunoco
Palm Beach Gardens, Florida
Canceled - Lack of Quorum
f! 8, E
L
f c
\
p i n A-
Canceled - Lack of Quorum
'-1 . '.
I1 I 1 .. ' "1 .I 11
'. ... yq ......
.'I ..... .. ....... ...... ... '. . .. ..,. .......
ri c
1 SUNOCO - CONVENIECE STORE RICHARD WENSINQ
Canceled - Lack of Quorum
Lighting - SiteLighting.com - Ciardco Lighting - Emco Lighting Page 1 of 1
~
___ bollards canopy circa cylinders emerqencv fascia forms fascia plates fascia wash floods/spots garac
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
~.
glowtops gullwing lightcolumns @ mantaraylminiray poles round sconces square step/aisle lj
101 Square Wedge Downlight
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.
- specification
orderinq ma
dimensions
PloL!-metQL
- ins ta I I a t i o n_s
spx?&d'ue.et(
____ ca ta Io g_(Ddf;
Sconces
lC!lXauare-
_-_____ 102 Round _ V
1QLUD/Dow
- 104 --~__ Half Cy11
105 Glowtop __
_- 1 0 69 u a r te r
107 Gullwir~
_______ 108 Circa Sc
__ 111 -- Mini Sqc
- 141 Super S
home - photornetrics - literature - sales representatives - tech talk - gardco - - sites
search - vip club - rep net
I Gardco Lighting
1611 Clovis Barker Road, San Marcos, TX 78666
800.227.0758 800.477.8653
0 copyright 1996 - 2006 Gardco Lighting. All rights reserved. International copyright secured.
Genlyte Group
http:I/~.emcolighting.com/Products.cfm+Brand+gar+ProLine+Scon+Style+ 1 0 1 2/21/2007
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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
Ill 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.
OPTIONS PREFIX CONFIGURATION DISTRIBUTION WATTAQE VOLTAGE FINISH H H I
Enter the order coda mto the appropriate box &we. Note: Gardco reserves the right to reluse a configuration. Not all cmbinations and configurations are valid.
Reler to notes below for exclusions and limitations. For questions or concerns, please consult the factory.
1
2
2890
3
3@120"
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 IES Type IV Forward Throw
NOTE Type 111 rofkton shlp as Type F.
Removal of an insert converts the reflector toType 3.
5 IES Type V
MTS Medium Throw with Solite'" Lens (fluorescent only)
150HPS 100MHI 250PSMH 120
250HPS 15OMH' 320PSMH (2)6OCF 208
400HPS 175MH 350PSMH (3)42TRF 240
250MH 400PSNH 277
400MH' HPS - t#@ Pmssure sodium 347
480 MH-MelaIHalide
PSMH - pulse Start Mela/ Haall&
CF - Compact Fluorescent
JRF - Triple Tube Compact fluorescent
1. Uses E8 mooul base lamo
BRP Bronze Paint
BLP Black Paint
WP White Paint
NP Natural Aluminum Paint
BGP Beige Paint
OC Optional Color Paint
SC Special Color Paint
sp9dIyRAL~ exocRALm24
Sped& Musf sipp,y mbf chip
HS
LF
PC
PCR
MF
PTF2
PTF3
PTF4
OS
WG
POLY
External House Side Shield
In-Poldn-Line Fusing (Kit inclodes In-Line Fuses)
Locking Type Photocontrd Receptacle wPhotocontrol (Not available with 48OV)
Locking Type Photocontrd Receptade
Mast Arm Fitter (Requires 2 Xi' 0.13 Mast Arm)
PoleTop Filter 2.375' X 4'
Pole Top Filter 3' - 3.5' X 6'
PoleTop Filter 3.5' - 4' X 6'
Quartz Standby (law maximum. Nof available with 4soV)
Wire Guard
External Polycarbonate Shield (250w mawhnum)
!B!EMCO 0 Copylght EMCO Lighting 2004-2006. All Rights Reserved. International EMCO Lighting (800) 227-0758
Cwrlght Secured. EMCO Lighting reserms the right to change materials or
modify the deslgn of Its Wuct without notification as part of the compaWs
continuing product improvement program. www.siteIighting.com ?!?!!!E LIGHTING
161 1 Clovis Barker Road
sari M~~~~, TX 78666
(512) 753-1000
FAX: (51 2) 753-7855
A Geniyte Company 7921556/0306
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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).
DOOWLENS 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 Solit&
glass lens (MTS).
ELECTRICAL: Each high power factor ballast is the separate
component type, capable of providing reliable lamp starting down to
-2O"F/-.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
triglycidal 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.
6.83'
17.40 cm
16.50" ~-
41.90 cm -4 16.00"
40.60 cm
EPA
1 2- 314
l.lft2 2.2 ft2 2.7ft2
0.10 m' 0.20 m' 0.25 m'
Mth House Side ShM
1 2u
1.2 ft2 2.2W 3.2ft2
~~~ ~~~~ ._ nA- . .
IE!!!IEMCO 0 Copyright EMCO L!ghtlng 2004-2006. AH Rlghb Reserved. lnlemallonal EMCO Lighting (800) 227-0758
Copyright Secured. EMCO Ughtlng rese1vBs the rlghl lo change meterla16 or
modify the ddgn of Ita pmdud wlthwt nolifl~Uatlon as of the CmPanY's
mnllnulng product Improvement program. www.sitelighting.com %!E LIGHT1 NG
A Genlyte Company
161 1 Clovis Barker Road
Sari Marcos, Tx 78666
(512) 753-1000
FAX (51 2) 753-7855
79215-WO306
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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
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.
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:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
7 ~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
Date Prepared: January 29, 2007
Ordinance 2, 2007
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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 47
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
David Levy, Vice Mayor
Eric Jablin, Councilmember
Hal R. Valeche, Councilmember
AGAINST ABSENT
Jody Barnett, 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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
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.
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: January 29, 2007
Resolution 19, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
SECTION 2. Petition PPUD 06-09-000011 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:
17
18 1.
19
20
21 2.
22
23
24 3.
25
26
27 4.
28
29 5.
30
31
32 6.
33
34
35
36 7.
37
38
39 8.
40
41
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 plantings, 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.
42
43
44
45
46
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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
Planninq & Zoning
1.
2.
3.
4.
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
Attorn e y )
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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.
6.
7.
8.
9.
IO.
11.
12.
The Applicant shall coordinate and receive approval from the Growth
Management Administrator prior to the closing of any public sidewalk.
(Planning & Zoning)
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)
All wall signage on the canopy shall be restricted to channel lettering only.
(Planning & Zoning)
All signage for the building and associated structures, including the
canopies, shall be approved by separate application. (Planning & Zoning)
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)
Prior to the issuance of the Certificate of Occupancy, all roof-top mechanical
equipment shall be screened from view. (Planning & Zoning)
At no time shall staging of construction vehicles and/or service vehicles
occur within a public right-of-way. (Planning & Zoning)
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)
Engineering
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
b
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
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
28
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 waterisewer) 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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)
La ndsca pi nq
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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
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.
( Po I i ce)
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 workkonstruction activity
within any public right-of-way within the City of Palm Beach Gardens. In the
case of a City right-of-way, the Applicant has at least five 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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
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
2. Sheets LP-1 of 2, LP-2 of 2: Landscape Plan, prepared by Jon E. Schmidt
and Associates, last revised on February 5, 2007, and received and
stamped by the Planning and Zoning Division on February 5, 2007.
3. Sheets A-I, A-4, and A-4A: Architectural Floor Plans and Elevations,
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.
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
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
m.
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
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: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
CO U N C I L M E M B ER VAL EC H E
COUNCILMEMBER BARNETT ---
---
G:\attorney-share\RESOLUTlONS\sunoco service station - reso 19 2007-revised-final.doc
9
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 2,2007
Meeting Date: April 19,2007
Resolution 42,2007
SUBJECT/AGENDA ITEM
Resolution 42,2007: Art in Public Places Advisory Board (AIPP) Appointments
Consideration of Approval: To allow for the appointment of two regular members and two
alternate members to the Art in Public Places Advisory (AIPP) Board.
[ ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Christine Tatum
City Attorney
Director
Growth Managem
Administrator
Kara Irwin, AICP
I Approved By:
Originating Dept.:
Growth Management:
Project
Manager
Brad Wiseman
Planning Manager
[ ] Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[XI Required
[ ] Not Required
Affected Parties:
wntified
[XI Not Required
FINANCE: N/A
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other3
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ 3 App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
Resolution 42, 2007
Applications
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: April 2,2007
Meeting Date: August 19, 2007
Resolution 42,2007
EXECUTIVE SUMMARY
The subject resolution provides for the appointment of two regular members and two alternate
members to the Art in Public Places Advisory (AIPP) Board.
BACKGROUND
Resolution 126, 2005 and Resolution 118, 2006 respectively appointed seven regular members and
two alternate members to the Art in Public Places Advisory (AIPP) Board.
Staff regrets to report that Ms. Marilyn Spungin has passed away and her seat as a regular member
is now open for appointment. Additionally, On February 20, 2007, Ms. Linda Oliver resigned her
seat as a regular member on the AIPP Board. In accordance with Section 2-86, Code of Ordinances,
vacancies shall be filled by appointment of an alternate member for the unexpired term of the
affected member. Therefore, the alternate members to be appointed to regular seats are included
below.
Ted Thoburn (Currently Is' Alternate)
Georgia Heard-O'Brien (Currently 2"' Alternate)
The applications for the open alternate positions, as furnished by the City Clerk's office, have been
attached for the City Council's review and approval.
STAFF RECOMMENDATION
Staff recommends approval of the appointment of regular and alternate members as determined by
the City Council through the adoption of Resolution 42, 2007.
2
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: April 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
RESOLUTION 42,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF
REGULAR AND ALTERNATE MEMBERS TO THE ART IN PUBLIC
PLACES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 2-138, Code of Ordinances, provides for the Board to be
comprised of seven (7) regular members and two (2) alternate members; and
WHEREAS, there are two (2) regular member vacancies, and Section 2-86, Code of
Ordinances, requires vacancies to be filled by alternate members; and
WHEREAS, two (2) alternate member vacancies would result from the appointment
of the existing alternate members to regular seats; and
WHEREAS, notice of vacancies has been posted at City Hall and on the City
Website; and
WHEREAS, the City Clerk has compiled a list of all interested persons who wish to
serve as members of the Board, which is attached hereto as Exhibit “A; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the residents and citizens of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the appointments of the following
individuals as regular and alternate members to the Art in Public Places Advisory Board:
Reqular Members Terms
5 Months
1 Year & 5 Months
AI t e r na t e Members Terms
1 Year & 5 Months
5 Months
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: April 2,2007
Resolution 42, 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
SECTION 3. This Resolution shall become effective immediately upon adoption.
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: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\appointrnent - aipp members - reso 42 2007.doc
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Date Prepared: April 2, 2007
Resolution 42, 2007
EXHIBIT “A”
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
please.
Application for City Advisory BoardlCommittee Appointment
P: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
3
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
,@f Art in Public Places Advisor?; Board (meets 3'.d 'I'uewla? of each month at S:30 p.m.)
0 Community Aesthetics Board (meets tS' Wednesda? of each month at 530 pm.)
0 Parks and Recreation Advison Board (meets the 3& \londi#, of each month at 7:OO pm.)
0 Economic Devetopment Advisor?. Board (meets the 3"' Thurtda? of each month at 8:30 am.)
0 Budget Oversight Committee (meets the -tih 'Thurtda! of each month at 8:30 am.)
(I] Planning, Zoning & Appeals Board * , (meets the 2"d and 4'h Tuescla~s of each month at 6:30 nm.)
)
If you have checked more than one box, which would be your.
1 '' Choice 2"" Ctwicc 3"' CIIO~CC
Are you currentIy serving on a Palm Beach Gardens Board or Committee? <' ) Yes ( /) No
Which one@)
Previous service on City Boards or Committees? ( ) Yes (A) No
Which one@) Date@) of Service:
Are you currently serving on a Palm Beach County Board or Committee? (
Which one@)
Previous seMm on County Boards or Committees? (
Which one@) Date($ of service:
) Yes ( 4 No
) Yes (/) No
Are you able to attend: ( F ) daytime meetings ( /j evening meetings
~m~~~L ccM&
3 F9LStVrs€J-iii re you registered in the state of Florida? Y LA
re you lice- in the state of Florida: 7 ti
Another State:
Another state:
Do you possess a City of Palm Beach Gardens occupational license? 00
How long have you pl-dctced the above profession? 1 b L\ r-5
Preferred mailing address: ( NHome (
Could your occupation present a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes()oNo
)office
Please explain:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
r
a Architect, Architecture designer, bnds~ape designer
0 Urbanplanningldesign
0 Arts and cultural institution management
0 Building construction
0 Horticultureandlandscaping
e( Youth or adult educator
a own/operate a business in the City. a Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Comdor Association.
0 Attorney a Engineer
0 Real estate professional a Landswveyor a Banker a Accountaut
p' Other HVT rr/\~dr~ X-~Ceolm
Course of Study
Are you registered to vote in Palm Beach County? ( mes (
Have you participated in civic or community activities: yes: ()o NO: (
) No
GD IC' oass L'c SM I. Gc~w-ntA, ~ocGLP&~-~~AVTS~D~+~.
I understand the duties, role and time commitment to the Boards or Committees to which I have applied.
LIZ_& /07
Date
c&j-&&b
Signature
How did you learn about the Board or Committee for w-hich ?ou have applied:
City's Web site: Cummunit? Cmup: Ncn spaper (specify)
F + Other: (specif!) 7 City's direct mail Brochure:
Prior to submitting an amplication, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on file in the City Clerk's ofice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
?
Application for City Adviwq Bcrard/Comdtee Appoinlmeat
Reuse : pursuant to FS 119.07 the Mimuation provided in this application is considered to be public record, except as
pmvidedbylaw.
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR
Art in Public Places Adbisoq Board (meets 3"' Tuesda! of eitch month at 5:30 pm.)
0 Community Aesthetics Board (mcetc; l'* Hcdnewla? of each month at 530 pm.)
0 Parks and Recmation Advisor? Board (meets the 3"' Monda? of each month at 7:OO 1i.m.)
0 Economic Development Adbisoq Board (me& the 3"' Thorda, of each month at 8:30 am.)
0 Budget Oversight Committee (meets the tih 'I'hursda? of each month at 8:30 am.)
0 Planning, Zoning & Appeals Board * (meets the 2"d and -IG Tuesdajs of each month at 6:30 p.m.)
(* a to file a statelmilt of fir 1
If you have checked more than one box, which would be your:
Are you Cucrentiy serving on a Palm Beach Gardens Board or Committee? ( ) Yes ( 6 I Choicc 2"'i ChOlCC 3'' Cl,OlcC
Previous seMce on City Boards or Committees? ( ) Yes ( d Which one@)
Which one(s) Date@) of SeMce:
Are you currently sewing ona Palm Beach colmty Board or Committee? (
Which one@)
praious seryice on county ~oards or committees? (
)Yes (
yes ( &NO
Which one@) %k(S) Of %ME
/ ,
Are you able to attend: ( )q/&ytime * gs ( meetings 15Tc h ol& mz,cp
Are you registered in the State of Florida?
Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license? r\l,k
How long have you practiced the above profession?
Another State:
YY' 5
1
Preferredmailingaddress: )Home ( )c)Btice P(
Could your occupation a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
committee: ( )Yes(Go
Please explain:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Y
r
~rofessionnl Background (Please check the approPriate boxes)
Visual, pedonning or literary arts. 5 Architect, Architecture designer, landscape designer
0 Urbanplanning/design
0 Buildingconstruction
0 Horticulture and landscaping & Youth or adult educator
0 own/operate a business in the City.
o Member of Business Development Board, Noah Palm Beach County Chamber of Commerce or PGA Corridor Association.
o Attorney
0 Engineer
0 Realestatepfessional
0 Landsurveyor
0 Banker
o Accountant
o Other
Arts and cultural institution management
Course of Study
Are you registered to vote in Palm Beach County? ( wes ( ) No
Have you participated in civic or community activities: Yes: ( NO: ( )
es role and time commitment to the Boards or Committees to which I have applied.
//A?/h
Date
How did jou learn about the Board or Committee for ~hich jou hale applied:
Citj's Web site: Cornmunit? Cmup: Xen spaper (specif!)
Date attended:
please return the hlication and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kpt on file in the Ciiy Clerk's o@ce for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Application for City Advisory BoardKommittee Appointment
: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
Name: Home Address: - &K\1\1000 Lhk'
i) as Zip: &lo Home Phone Number: (g ) 626.q730Work Phone Number: @b/) 7l4-38 2 1
Years of Residency? 3 E-mail address:
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR:
/Art in Public Places Advisory Board (meets 3"' Tuesday of each month at 530 p.m.) & Community Aesthetics Board (meets 1" Wednesday of each month at 530 p.m.)
0 Parks and Recreation Advisory Board (meets the 3r" Monday of each month at 7:OO p.m.)
0 Economic Development Advisory Board (meets the 3"' Thursday of each month at 830 a.m.)
0 Budget Oversight Committee (meets the 4Ih Thursday of each month at 830 a.m.)
0 Planning, Zoning & Appeals Board * (meets the 2'Id and 4Ih Tuesdays of each month at 630 p.m.)
(* 1
If you have checked more than one ox which would be your:
1" Choice&f&JbllC2"(' Choice 8( 5tl\.CflCS3rd ' Choice
Are you currently servi? on a Palm Beach Gardens Board or Committee? ( ) Yes ( 4
Which one(s) ne / Previous servic on Ci Boards or Committees? ( 9 Yes (
Which one(s) ~fif(@l.)! ) No T<qd@S+ Date(s) of Service: 1492 zcT)2 (tawfl r-i1ht>
Are you currently Ferving on a Palm 6each County Board or Committee? (
Previous service on C ) Yes ( mo
Which one(s) Date(s) of Service:
Are you able to attend: ( Maytime meetings ( Mening meetings
What would you hope to accomplish by participating?
) Yes ( -0 Which one(s) n /A
oards or Committees? (
y5 Another State:
Another State:
- Are you registered in the State of Florida?
Are you licensed in the State of Florida:
Do you possess a City of Palm Beach Gardens occupational license?
)@, no
How long have you practiced the above profession? 20f ym
Preferred mailing address: ( hme (
Could your occupation prese t a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes( do
Please explain: &
) Office
I
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
‘essional Background (Please check the appropriate boxes)
or/ Visual, performing or literary arts.
0 Architect, Architecture designer, landscape designer
0 Urban planning/design
dArts and cultural institution management 8‘ Building construction
0 Horticulture and landscaping
dYouth or adult educator
0
0
0 Attorney
0 Engineer
0 Real estate professional
0 Landsurveyor
0 Banker
0 Accountant
Owdoperate a business in the City.
Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
0 Other I By Code (Ordinance 17,2004), some BoardsKommittees have specific requirements for membership
Educational Background:
Diploma Degree or Certificate Institution Course of Study
a scbttr\JL GYwLsm-
Are you registered to vote in Palm Beach
Qlr. 06 bydkwlc w
If yes, please explain: S- &U.
Have you participated in civic or community activities: Yes: NO: ( )
mmitment to the Boards or Committees to which I have applied.
%tech ; Izc cG
How did you learn about the Board or Committee for which you have applied:
City’s Web site: J Community Group: Newspaper (specify)
City’s direct mail Brochure: / Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept on file in the City Clerk’s ofJice for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Karen D. Hainsworth kd hainsworth@hotmail.com
150 Oakwood Lane, Palm Beach Gardens, FL 33410 (561) 719.3821
PRESENT FULL TIME ARTIST - KARENHAINSWORTH.COM
2003 -2005 LIGHTHOUSE CENTER FOR THE ARTS, TEQUESTA, FL
School of Art Director '
m - '
Hired and trained an art staff of more than 40.
Recruited Faculty for adult and children programs in various disciplines.
Led faculty meetings utilizing PowerPoint and other visual materials.
Worked with Director of Finance & Operations and prepared over 5 reporting
methods to include an annual budget, payroll, scholarship programs,
publications and marketing.
Held individual staff evaluation meetings to include salary reviews.
Redesigned the studios for a more efficient flow of use.
1997-2003
1996-1 997
1992-1 996
SPANISH TEACHER, Tequesta, FL
Good Shepherd Espiscopal School
NORTON MUSEUM OF ART, West Palm Beach, FL
Project Director of Special Events
Opened the new wing of museum while implementing fundraising, marketing and
promotional events.
BANKERS TRUST FLORIDA, Palm Beach, FL
Marketing ManagedAssistant Treasurer
0
0
0
0
Handled all private banking marketing functions for the SE United States territory - from Puerto Rico to Maine.
Managing and forecasting the budget.
Selecting and negotiating appropriate media.
Coordinated all sponsorships and community relations events,
100% accountable for the successful city relocation of a corporate ofice unit.
E DUCAT1 ON : State University of New York - F.I.T. Campus New York, New York 1991
Associate in Arts Degree - Palm Beach Community College
AFFILIATIONS: 1995 Visiting Nurses Association Gala Auction Chairman
1996 Heart Ball Auction Chairman
1999 Moms Club Board Member
1997 - 2004 Village of Tequesta Community Appearance Board
2000 - 2004 Village of Tequesta Tree Board Appointed Member
2003 Event Coordinator for the new Tequesta Public Safety Facility
2004 ArtiGras Committee Member
2004 Present Benjamin School Committees
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Application for City Advisory BoardKommittee Appointment
PIense Note: Pursuant to FS 119.07 the information provided in this application is considered to be public record, except as
provided by law.
Name: 0-A- G nattwg Home Address: I lo/, 1 rJWuV1 %OW-.W M+
city: Pn -35
Years of Residency? $+ E-mail address: C&(e @ @&~&~~$. AQf:
h Ob 'IC Zip:33Y(O Home Phone Number: (a) #a- If4 ( *Phone Number: ai) C'k-pfqr
WHICH BOARD OR COMMITTEE ARE YOU APPLYING FOR
/Art in Public Places Advisory Board (meets 3rd Tuesday of each month at 530 p.m.)
R Community Aesthetics Board (meets lst Wednesday of each month at 530 p.m.)
R Parks and Recreation Advisory Board (meets the 3rd Monday of each month at 7:OO p.m.)
0 Economic Development Advisory Board (meets the 3rd Thursday of each month at 8:30 a.m.)
Cl Budget Oversight Committee (meets the 4'h Thursday of each month at 8:30 a.m.)
0 Planning, Zoning & Appeals Board * (meets the 2'Id and 4'h Tuesdays of each month at 6:30 p.m.)
(*Required to file a statement of financial interest form)
If you have checked more than one box, which would be your:
1 '' Choice 2"d Choice 31d Choice
Are you currently serving on a Palm Beach Gardens Board or Committee? ( dyes ( ) No
Which one(s) uwN Ik7W WfS 75ckrh (PUT b~W9 &r
Previous service on City BAards or Committees? ( ) Yes ( 4 No
Which one(s) Date(s) of Service:
Are you currently serving on a Palm Beach County Board or Committee? (
Which one(s)
Previous service on County Boards or Committees? (
Which one(s) Date(s) of Service:
Are you able to attend: (
What would you hope to accomplish by participating?
) Yes ( NO
) Yes ( I/fNo
) daytime meetings ( devening meetings
@O)JX\IJUE 'ro ZWIfwjfht' ( Am AMP (41) * : PI rio
Present Employer: U-SJ$J& x j&iwrA.
Address: tu3 r prth
Profession: WP\ &i t3b I'tbvz
Position: GVtW'l.& VI w?-Fb%
** L 41tabLM bhk\rhlcclut 4 G t&r-T[uX pU&LtC 'ht (5)
Are you registered in the State of Florida? ,"L-
Are you licensed in the State of Florida:
)/%>
Do you possess a City of Palm Beach Gardens occupational license?
Another State:
Another State:
-9
How long have you practiced the above profession?
Preferred mailing address: ( ( ) Office
+- 9u-5
Could your occupation pres t a conflict of interest on any subject matter discussed, reviewed or decided upon by the Board or
Committee: ( )Yes ( $Eo
Please explain: -
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
L
r
0 Accountant
/Other y% OF Cl.5; IPG /Q cxJ)TlQ&HrP) b/hS'f5 e { 3 /+: 1 G Pn~mlEJylq
I Profess$nal Background (Please check the appropriate boxes)
I6
d Visual, performing or literary arts.
0
0 Urban planninddesign
0
Building construction
0 Horticulture and landscaping
0 Youth or adult educator
0
0
0 Attorney
0 Engineer
0 Real estate professional
0 Land surveyor
0 Banker
Architect, Architecture designer, landscape designer
Arts and cultural institution management
Owdoperate a business in the City.
Member of Business Development Board, North Palm Beach County Chamber of Commerce or PGA Corridor Association.
Educational Background:
Diploma. Degree or Certificate Institution Course of Study
GL'" Dcmw- lE3 c\l, Am k*.
Are you registered to vote in Palm Beach County? ( 4Yes (
Have you participated in civic or community activities: Yes: ( J) No: (
If yes, please explain: W\ L L ('pr~n P \ ~hh- 07 (13 @.A*$*'S
) No
)
L,&%-/.lfl< 61~ - L:. @A c/ Ay G(2L.h) =c> Mm ei7 /
u /' How did you wrn about the Board or Committee for which you have applied:
City's Web site: ,/ Community Group: Newspaper (specify)
City's direct mail Brochure: Other: (specify)
Prior to submitting an application, you are encouraged to attend one meeting
Date attended:
Please return the application and resume to:
-
City Clerk
10500 North Military Trail
Palm Beach Gardens, F133410
(561) 799-4121
Applications will be kept onfile in the City Clerk's o@ce for two (2) years.
FOR USE BY CITY OF PALM BEACH GARDENS ONLY:
Appointed to:
Date of Appointment:
Orientation Date:
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Cable Neuhaus
1106 Vintner Boulevard
Palm Beach Gardens, Florida 33410
E-mail: cahle@!cahleneuhaus.net
Mobilc: 551-906-5199
Wireline: 561-622-6161
Summary of Professional Assets
0
0
0
Extensive experience in senior-level editorial positions at Time Inc., Primedia, and elsewhere
Skillful and highly imaginative editor, writer, and organizer of projects and people
Expert in all phases of magazine journalism, including design
Expert in understandinghsing mass media, popular culture, entertainment, and the Internet
ExDerience and Accomdishments
2006- NewsMax Media, Inc.
Editorial Director I West Palm Beach
Responsible for the development and positioning of NewsMax magazine,
plus the overall editorial management of various other products produced
by the company
2005-2006 MediaPost Publications
Contributing Writer and Columnist I New York City
Writer of daily online column on mass media and popular culture, plus occasional pieces
for the company’s Media magazine
2002-2003 Primedia Inc.
Editor-in-Chief, Folio: I New York City
Successfully repositioned and relaunched a tired editorial product. Doubled newsstand draw,
increased circulation, created buzz within key constituencies. Months following my arrival,
Folio: had morphed from a sleepy title with low recognition into an industry must-read.
(Additionally: Editor of Folio: First Day, the twice-weekly newsletter for magazine-industry
leaders.)
2000-200 1 Time Inc.
General Editor, Entertainment WeekZy I New York City
Promoted fkom the Los Angeles office to serve in New York as editor of E W Internet, a
monthly magazine-style supplement, and to edit the weekly Internet section of the national
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
edition of E W, which was notable for its exceptionally high reading scores during my tenure.
Additionally: Writer of a weekly column in the national edition.
1990-2000 Time Inc.
Bureau Chief, Entertainment Weekly I Los Angeles
Responsible for the creation and management of the magazine’s principal editorial bureau;
instrumental in the conceptualization and ongoing editorial development of the magazine,
helping to guide it from a difficult launch to its position as the country’s undisputed No. 1
entertainment periodical (winner during my tenure of two National Magazine Awards for
General Excellence); personally scored a number of important scoops; EW‘s chief
spokesperson for a decade in the U.S. entertainment capital.
1988- 1990 Crosby Vandenburgh Group
Editorial Director, Editor-in-Chief I Boston
Responsible for the overall editorial direction and management of six national consumer
magazines, plus day-to-day editor-in-chief duties of TV Entertainment (4.6 million circulation;
contract-published), of which I was founding editor. (Note: TV Entertainment was later
subsumed into TV Guide.)
1977-1988 Time Inc.
Bureau Chief and Correspondent, People I Boston, Pittsburgh
Managed a staff of full- and part-time correspondents in New England, Pittsburgh, and
elsewhere in the U.S.; influenced the overall direction and editorial focus of the magazine;
brought many exclusives to the magazine; traveled widely throughout the U.S. and
Canada as a correspondent and spokesperson for People, which during my tenure won a
National Magazine Award for General Excellence.
1977 University of Pennsylvania
Editor, Almanac I Philadelphia
Supervised the editorial staff that produced the university’s official weekly
publication for the administration and faculty.
197 1 - 1977 Pennsylvania State University
Instructor in Journalism I Wilkes-Barre
Taught undergraduate courses in composition and journalism.
1970 The Daily Record
Reporter and Staff Editor I Morris County, N.J.
Handled police, civic, and general assignment beats.
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Freelance
1965-2006 Contributing Editor; Editor at Large; Writer; Reporter; Consultant
Among the publications: The Washington Post, Money, AARP The Magazine, Media
Magazine, The Hufington Post, Justice, Pittsburgh Magazine, Discover,
The Pittsburgher, Harper’s Weekly, Mother Jones, Big Builder, The Humanist,
Pennsylvania Illustrated, New Jersey Suburban Life, plus an assortment of academic
journals. Some published pieces syndicated in the U.S. and abroad.
Books
2006
1981
1980
1978
1974
Movies
Awards
2003
1980
1975
Currently working on a small nonfiction book, Decency: A Modest Guide for Indecent Times
“Adapting,” a chapter in American Renewal, Time Inc.
“Letter for My Loved Ones (Who Perished),” final chapter in Living After the Holocaust:
Refections by Children of Survivors in America, Bloch Press
A Lively Connection: Intimate Encounters with the Ethical Movement in America
(editor), Ethica Press - The Press of the Ethical Culture Society of New York
“Putting Together The Cats Pajamas,” chapter in Random Folio, Random House
Scorned and Swindled, starring Peter Coyote, John Carradine, and Tuesday Weld, based on
one of my magazine articles, CBS Television. (Note: Several other stories also optioned for
films.)
L.J. Hortin Award for Significant Contributions to American Journalism, presented by
the E.W. Scripps School of Journalism, Ohio University. (Note: In 2006 the E.W. Scripps
School acquired my collected papers.)
Golden Quill Award for Investigative Magazine Reporting, presented by the Pittsburgh
Press Club
Hayfield Award, presented by the student body to the Outstanding Faculty Member,
Pennsylvania State University (Wilkes-Barre)
Education
Carnegie Mellon University
Completed coursework toward doctorate in nonfiction writing
Pennsylvania State University
Master of Arts. Journalism
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Ohio University
Bachelor of Science, Journalism (TV-Radio emphasis)
Civic Organizations
2006-08 Appointed member of the Community Aesthetics Board, City of Palm Beach Gardens,
Florida
Media Amearances. Public ADDearances, Citations
Live and taped appearances on CBS Evening News, NBC Nightb News, CNN,
Good Morning America, CBS This Morning, Entertainment Tonight, The Insider,
Inside Edition, E! Entertainment Television, American Journal, Court TV -- plus a
diversity of other television and radio programs throughout North America and Europe
Biographical entries in Who’s Who in America and Who’s Who in Entertainment
Scores of lectures and panel presentations on the topics of celebrity, journalism, and
magazine-making
Keynote speaker at the National Editorial Conference of the American Society of Business
Press Editors, Washington, D.C., June 2003
Advisory board member, Portland Creative Conference, 1 999
Quoted in The New York Times, USA Today, The Wall Street Journal, Los Angeles Times,
GQ, Daily Variety, The Hollywood Reporter, Liz Smith’s syndicated column, and scores of
other publications -- plus an assortment of books
SDecial Interests
[Alphabetically] American business; art, architecture, and design; automobiles; branding; the
Internet; journalisdmagazines; personal technology; popular culture and society; travel; the
US. entertainment industry
Ca
n
c
e
l
e
d
-
L
a
c
k
o
f
Q
u
o
r
u
m
Canceled - Lack of Quorum