Loading...
HomeMy WebLinkAboutAgenda Council Agenda 100203City of Palm Beach Gardens Council Agenda October 2, 2003, Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Mayor Jablin Council Member Russo Vice Mayor Sabatello Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 2, 2003 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: 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 4) Proclamation – Fire Prevention Week 2003. b. (Page 5) Proclamation – National Business Women’s Week. c. (Page 6) Proclamation – Put the Brakes on Fatalities Day. d. (Page 7) Resolution 171, 2003 – Law Enforcement Block Grant. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of twenty-two (22) Tasers for the police department with a local Law Enforcement Block Grant award and City matching funds; and providing an effective date. IX. PUBLIC HEARINGS: a. (Page 15) Resolution 142, 2003 – Renaissance Learning Center Temporary Modular Classroom. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a one-year temporary conditional use allowing the placement of a 24-foot by 40-foot modular classroom unit and allowing the use of an existing temporary 60-foot by 12-foot trailer as an office on the property of the First Baptist Church of Palm Beach Gardens at 11980 Alternate A1A, as more particularly described herein; and providing an effective date. X. RESOLUTIONS: a. (Page 31) Resolution 97, 2003 – South Trust in the Regional Center – Art in Public Places. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for South Trust Bank on Parcel 27.04 South within the Regional Center DRI, located on the Northeast corner of the intersection of Kew Gardens Drive and PGA Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. b. (Page 50) Resolution 169, 2003 – Harbour Oaks Signage Package. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the MaCarthur center signage program (resolution 64, 1998) to allow for a residential development sign for ‘Harbour Oaks’ to be located at the Northeast corner of Gardens Parkway and Valencia Gardens Avenue; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII: CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GA ENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, public safety is a top priority in Palm Beach Gardens; and WHEREAS, safety from-fire is important both to citizens and local firefighters, who put their lives on the line with every response to -fire; and WHEREAS, residents of Palm Beach Gardens must take action to prevent -fires and to protect themselves if-fire strikes; and WHEREAS, awareness of simple safety practices can help lower our local fire death and injury rates; and WHEREAS, working smoke alarms on every level and a home-fire escape plan and regular drills are essential for every househoM in Palm Beach Gardens; and WHEREAS, Palm Beach Gardens is joining the NFPA (National Fire Protection Association) in teaching lifesaving messages in conjunction with Fire Prevention Week; and WHEREAS, the Fire Prevention Week 2003 theme, "When Fire Strikes: Get Out! Stay Out!" is an important reminder for all citizens of Palm Beach Gardens. NOW, THEREFORE, L Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of October 5-11, 2003 as FIRE PREVENTION WEEK in the City of Palm Beach Gardens and call upon the people of Palm Beach Gardens to remember the Fire Prevention Week 2003 caution, "When Fire Strikes: Get Out! Stay Out!" and urge all citizens to heed the advice to install smoke alarms and plan and practice -fire drills. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2nd day of October, Two Thousand and Three. Mayor Eric Jablin Attest: Patricia Snider, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION IVII~RI~S, "NATIONAL BUSINESS WOMEN’S WEEK" October 19, 2003 to October 24, 2003, will be acknowledged and celebrated during the b’~st Annual event, "Progreg~ltw lnt~rctettw Expo", For & By Professional Women of Palm Beach County, WIt£RF~S, the focus is on women’s professional concerns. The objective is to be informative and educational based, with seminars addressing; Career Solutions, Unspoken Business Attitudes, Organizational Skills, Visionary leadership, Mentoring, Laughter, Personal Safety, Business Etiquette & Protocol, Wearing Many Hats, Business Depression and many other attributes of the working day. WHBRF, AS, the primary goal is to bring together the combined energy & knowledge of professional women in Palm Beach County, for mentoring and educational potential. The efforts will benefit women by creating ideal conditions, educationally, economically, socially, and politically. Also, to promote and publicize the successes of professional women on a local, state and national level, along with offering resources through all avenues presented to professional wometu WHEREAS, the nation’s work force is comprised of 66 million workirwjwomen. The number of women- owned firms with 500 or more employees increased 124% durin.q 1997-2002 period, 9 times as fast as all women-owned firms and nearly tripled the 45.8% growth among all firms with 500 or more. Women-owned business report for 28% of all U.S. business, producing $1.15 trillion in sales. WHETS, Palm Beach County businesses employ over 218, 490 women in business. Women-owned ~growth~ businesses are more likely to have owners who have worked 40 or more hours per week than non- growth ~es (70% vs. 40%}. In Palm Beach County there are 29,178 women owned businesses, employing over 28,000. WH£REAS, each U.S. President since Herbert Hoover has acknowledged the contributions of women Entrepreneurs! The first annual observance of National Business Women’s Week was in 1928. From the early efforts of the national Business and Professional Women~USA, the concept has grown to be a nationwide &salute to all worldncjwomem A75 year spotlight on BPW progrums and objectives; has afforded the time to focus public attention upon a better businesswoman for a better business world. NOW, TIIEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim October 19 to 24, 2003, NATIONAL BUSINESS WOMEN’S WEEK in the ~ of Palm Beach Gardens and urge all interested citizens and businesses to recognize this worthwhile event. IN WIT--S IVIIEREO~, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2nd day of October in the Year of our Lord, Two Thousa Attest: P~ Srdder, C~ Cmrk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, October10,2003 is the Third Annual “Put The Brakes On Fatalities Day”, and WHEREAS, traffic crashes caused 42,815 fatalities in 2002; including 198 deaths in Palm Beach County and through August 27, 2003 we have lost 123 lives in Palm Beach County; and WHEREAS, traffic crashes are the leading cause of death for people ages 6 to 33; and WHEREAS, poor road conditions and obsolete designs contribute to more than 15,000 highway deaths annually; and WHEREAS, deaths and injuries on U.S. highways cost society over $150 billion annually; and WHEREAS, safe driving behaviors such as Ensuring You Are Physically Sound & Mentally Sharp, Always Buckling Your Seat Belts, by Paying Complete Attention to Your Driving, by Obeying All Posted Signs & Striping, by Maintaining a Safe Speed for the Conditions, b Maintaining a Safe Following Distance, By Maintaining a Clear Sight Picture, by Being a Courteous & Conscientious Driver, and Being a Defensive Driver would dramatically reduce the number of traffic-related injuries and deaths; and NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim Friday, October 10, 2003, as PUT THE BRAKES ON FATALITIES DAY In Palm Beach County, Florida and call upon all citizens to help save lives by practicing safe driving behaviors and by spreading these important messages throughout our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2nd day of October in the year Two Thousand and three. Attest: Mayor Patricia Snider, City Clerk RECEIVED SEP 1 5 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: SePtember 15, 2003 Meeting Date: October 2, 2003 Resolution: 171, 2003 Subject/Agenda Item: Resolution 171, 2003 approving a budget revision showing revenue of $19,342 for Local Law Enforcement Block Grant award, and allowing for use of matching funds in the amount of $2,935. Purchase twenty two Tasers from DGG Tasers Inc for $21,801.49, a sole source distributor. IX] Recommendation to APPROVE | ] Recommendation to DENY Reviewed by:Council Action: City Attorney Submitted by: Department Director Originating Dept.: Police Advertised: Date: Paper: [ X ] Not Required Affected parties [ ] Notified [X]N~re~ed Costs: $ 21,801.49 (Total) $2,459.49 Current FY Funding Source: [ X ] Operating [X] Other- Dept of Justice, Local Law Enforcement Block Grant Budget Acct.#: 01-1000-521.3150 [ ] Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: 1)Copy of award for 2003 Grant by Dept. of Justice and Budget 2)Taser International letter sole source provider 3) Estimate from DGG Taser [ ] None Date Prepared: September 15, 2003 Meeting Date: October 2, 2003 Resolution: 171, 2003 BACKGROUND: The Palm Beach Gardens Police Department has been awarded a Local Law Enforcement Block Grant award of $19,342 from the Department of Justice. The City is required to match funds in the amount of $2,459.49 from the Police 2003- 2004 budget for a total of $21,801.49. Funds from this grant will be used to purchase twenty- two X-26E Tasers, holsters, cartridges and training for road patrol officers. The tasers will be purchase from DGG Taser, a sole source distributor. The Taser will provide officers with a less-lethal weapon that is very effective. The Taser can significantly reduce injuries to both suspects and officers. Fewer injuries mean safer jobs for officers and lower liability for law enforcement agencies. The Taser directly stimulates motor nerve and muscle tissue causing incapacitation regardless of mental focus, training, size, or drug induced dementia. STAFF RECOMMENDATION: Staff recommends the approval of a budget revision showing revenue of $19,342 and allowing for the use of $2,459.49 in matching funds for the Local Law Enforcement Block Grant. Purchase twenty two tasers from DGG Taser. ¯RESOLUTION: 171, 2003 Date Prepared: September 15, 2003 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 171, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE PURCHASE OF TWENTY-TWO (22) TASERS FOR THE POLICE DEPARTMENT WITH A LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD AND CITY MATCHING FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Palm Beach Gardens Police Department has been awarded a Local Law Enforcement Block Grant award of $19,342 from the Department of Justice for the purchase of tasers for the Police Department; and WHEREAS, the City is required to provide matching funds in the amount of $2,459.49 to cover the total cost of $21,801.49 to purchase the tasers; 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 purchase of twenty-two (22) tasers for the Police Department using the Local Law Enforcement Block Grant and matching funds from the City. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney Date Prepared: September 15, 2003 Resolution 171,2003 day of ,2003. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT G:\attomey_share\RESOLUTIONS\reso 171 2003 o grant for purchase of taser for pd.doc 2 ~kecept Award Confirmation Page 1 ot I Application Award Award Handbook Overview Review CEO Information Accept Award View Award Document Financial Institution Information Decline Award Help/Frequently Asked Questions LLEBG Home Log-Off FY 2003 Local Law Enforcement Block Grants Program Palm Beach Gardens City, FL RFD Grant Changes Final Grant Report Correspondence Switch to Accept Award Confirmation Congratulations! You have accepted your jurisdiction’s FY 2003 LLEBG Award and its corresponding special conditions. FY 2003 LLEBG Final Award Amount: Matching Amount: LLEBG Award Number: LLEBG Award Date: $19,342.00 $ 2,149.00 2003-LB-BX-0279 21 -AUG-03 Remember, acceptance of this Award and special conditions DOES NOT result in an automatic payment of LLEBG funds. You must submit the RFD in order to receive funds, and you must submit it within 90 calendar days from the award date. You may begin the RFD process now by clicking on the RFD Tab above. Click here to view and print your official FY 2003 LLEBG Award documents and special conditions. https ://grants.oj p. usdoj .gov/llebgs//llebg2000.award. accept_award_confirmation 08/25/2003 From: Russel SterKler To: PAUL LEPPLEH DGG TASER 10034 PLANK LANE JACKSONVILLE, FL 32220 904-781-8184 FAX 904-781-8194 DGGTASER@AOL.COM Estimate Date Estimate # 8/28/2003 394 Department & Address ~AI~M BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FL 33410 Project Item Quaatity Rate Total 26000 22 799.95 17,598.90T 34200 44200 26500 Freight Training Description Taser X-26E Black with laser Sight,’ low intensity light, digital power magazine, dataport download capability, and exoskeleton holster. ¯ 5-foot air cartridge single shot for training 4 per officer 21-foot air cartridge single shot for field use X-26 USB Dataport download software and adapter kit Shipping & Handling Training cost for Taser Instructor Certification 88 88 1 17.89 18.97 149.95 178.96 210.00 1,574.32 1,669.36 149.95T 178.96 630.00 THANK YOU FOR YOUR BUSINESS Subtotal $21,801~49 $0.00Sales Tax Total $21,801.49 TA I N T E I~ N A ® 7860 E. McClain Drive, Suite 2 * Scottsdale, Arizona * 85260 * 480-991-0797 * Fax 480-991-0791 * www.taser.com August 21,2003 Palm Beach Gardens Police Department Attn: Purchasing Department To Whom it May Concern, This letter is to confirm TASER® International, Inc. is the sole source manufacturer of the less lethal ADVANCED TASER M26 Model 44000, AIR TASER Model 34000, Model 34001, Model 34100, Model 34120 and custom attachable laser sight, Model 34700. TASER International is also the sole source manufacturer of the patented, 15-foot air cartridges, Model 34200, 34202, 34228 and the patented, 21-foot air cartridges, Model 44200, 44202, and 44228. The air cartridges are required for the unit to function in the remote TASER mode. Below are just some of the unique features the ADVANCED TASER has that are not found with other TASERs: The ADVANCED TASER is the only less-lethal weapon that can stop an aggressive, focused, combat trained attacker. The ADVANCED TASER directly stimulates motor nerve and muscle tissue, causing incapacitation regardless of mental focus, training, size, or drug induced dementia. The ADVANCED TASER comes with an on-board memory chip to download 585 past firings based on the time and date the unit was fired to protect officers from unfounded charges of misuse of force. *The ADVANCED TASER has over 99.9% field effectiveness rating. The M26 is available with an option to remotely fire the air cartridge from underneath a rifle, robot, tactical mirror on a pole, camera, etc. The ADVANCED TASER uses the exact same hand motions and muscle memory as Standard 9 mm semi-automatic pistols, drastically reducing the amount of time required to train. User training and Instructor training materials are all on CD-Rom for ease of reproduction for training. Propulsion System for air cartridge is compressed nitrogen (1800 Ibs/in2). Also, unique is the fact that we here at TASER International, Inc. automatically add your agency as an additionally insured party to our $5,000,000 per occurrence product liability insurance when you purchase the M26 ADVANCED TASER. The Sole Authorized Police Distributor in Florida & Georgia is: DGG TASER, Inc. 10034 Plank Lane Jacksonville, FL 32220 904-781-8184 Phone 904-781-8194 Fax dggtaser@aol.com E-mail Please note the ADVANCED TASER®, AIR TASER® and TASER® are registered trademarks. TASER-WaveTM is a trademark of TASER International Inc. Patent: U.S. 5,078,117 and others pending in the U.S. and Worldwide. Copyright 1999 TASER International, Incorporated. Please contact me at 480-905-2006 with any questions. Sincerely, Stephen D. Tuttle Director of Government & Law Enforcement Affairs RECEIVED SEP 1 6 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 12, 2003 Meeting Date: October 2, 2003 SUBJECT/AGENDA ITEM: Resolution 142, 2003 - First Baptist Church of Palm Beach Gardens Modular Classroom Public Hearing/Consideration of Approval: A request by Richard Busto of the Renaissance Learning Center for approval of a one-year Temporary Conditional Use to allow the placement of a 24-foot by 40-foot modular classroom unit and to also allow the use of an existing temporary 60-foot x 12-foot trailer as a temporary office on the First Baptist Church site at 11980 Altemate A1A, one- half mile north of PGA Boulevard. (CU-03-02) | X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Principal Planner: Talai M. Benothman, AICP Development Compliance: Ba a~reh Wolfs, ~CP City Attorney: ~ Christitae/P~. T~ ~n Growth Management A_~~ "_nistrator: Charles K. Wu, AICP Approved By: Ronald M. Ferris ~ ’ Originating Dept.: Growth Management Project Manager: J~e H’~olloman Planner Advertised: Date: September 22, 2003 Paper: Palm Beach Post [ X ] Required [ ] Not Required FINANCE: NA Costs: $ NA Total $ NA Current FY Funding Source: [ ] Operating [X] Other NA__ Budget Acct.#: NA City Council Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Continued to: Attachments: ¯ Resolution 142, 2003 ¯ Table 1: Land Use and Zoning ¯ Location Map ¯ Survey/Site Plan ¯ Photographs ¯Modulars Previously Approved Date Prepared: September 12, 2003 Meeting Date: October 2, 2003 Resolution 142, 2003 BACKGROUND The First Baptist Church was constructed in the early 1960s. At the meeting of March 28, 1978, the City’s Planning and Zoning Commission formally granted the Church "conditional" zoning usages, including the establishment of a private middle school. Resolution 30, 1979 granted a one-year Temporary Conditional Use to the Church for a mobile building to be used for middle school classroom activities with no sleeping facilities. Resolution 19, 1980 granted a one-year time extension for the use of the mobile building. Resolution 59, 1981 granted an additional one-year time extension and granted a temporary Conditional Use to place one additional mobile building on the church site for one year. In 1986, the Planning and Zoning Commission approved a 6,833 square-foot expansion consisting of a fellowship hall and classrooms. The total square footage of the building area is 12,097 square feet, and the total seating capacity of the church is 160 seats, In May of 2002, an administrative approval was granted for a temporary construction compound at First Baptist Church for State Road 811/Altemate A1A Highway Improvements. This highway project is expected to be completed during September 2003, at which time all construction equipment will be removed, and the site will be restored to its former condition. LAND USE AND ZONING The subject site has a Residential Low (RL) Future Land-Use designation, and it is zoned Residential Low 3 (RL3) density with a Conditional Use (CU) Overlay. Please see attached Table 1 for details of the surrounding properties. Section 78-181 (c) (3), permits detached uses and structures, provided the uses and structures are nature customarily incidental and clearly subordinate to a permitted or permissible principal use or structure. This structure complies with this requirement because it is for a school, and this use was first established at the church in 1978, as stated above. PROJECT DETAILS The Renaissance Learuing Center (RLC), a State charter school for children with autism, is currently occupying space in the First Baptist Church. The Renaissance Learning Center has agreed to enroll the children who are being displaced from the St. Mary’s Preschool for Autism, which is now closed. Therefore, the Renaissance Learning Center will be increasing its enrollment from 11 to approximately 30 students. The current space available in the First Baptist church is insufficient for the number of children that are being projected to attend RLC. The applicant is seeking approval to place a 24’ x 40’ portable classroom on the property at the rear (east side) of the church for one year. DatePrepared: September 12, 2003 Meeting Date: October 2, 2003 Resolution 142, 2003 In addition, there is currently a 60’ x 12’ portable construction trailer on the 3.6-acre site, which is being used as office space for the highway contractor during the widening of Alternate A1A. The contractor has offered to donate the use of the trailer to the church for one year. This rear area of the site is currently screened with six-foot-high chain-link fence with opaque, black plastic screening. The applicant proposes to retain the fence, but remove the plastic screening that is now attached to the fence and install a 30-inch high cocoplum hedge along the fence in order to screen the modular from Atlantic Road. Because there is no irrigation system along the fence, the City Forester suggested the cocoplum hedge, which is commonly used in Xeriscape landscaping. An additional six-foot high chain-link fence will be installed inside the perimeter fencing in order to enclose the area between the trailer and the modular structure. Parking The original site plan approved by the Planning and Zoning Commission on February 18, 1986, provided for 40 required parking spaces, and 58 spaces were provided. For an elementary or middle school, the Land Development Regulations require one space per classroom, plus one space per 250 square feet (60’ x 12’ office trailer/720 s.f. requires 3 spaces), plus one pickup/drop off space per students (3 spaces required). Therefore, seven (7) parking spaces are required for both the modular and office trailer. Because 18 parking spaces have already been provided above the 40 required spaces, there is ample parking available. DEVELOPMENT REVIEW COMMITTEE (DRC) COMMENTS City Engineer The City Engineer had the following comments: The applicant shall provide pedestrian access from the existing Church facilities to the proposed classroom and the parking area. If curb exists in the parking area, then the applicant shall show and construct a handicap ramp at the pedestrian access location. The applicant has provided a sketch indicating a pedestrian access way from the church to the modular area. A Certificate of Occupancy will not be issued until the City Engineer is satisfied with the location of the pedestrian access way. We recommend review of the originally approved site plan to evaluate the on-site parking provided and the on-site parking required by the additional classroom. Applicant shall provide additional information for the total parking provided and required on-site. The applicant shall also provide information showing that the pick-up and drop-offrequirement is accommodated. The applicant has provided information indicating that more than adequate parking is available. DatePrepared: September 12, 2003 Meeting Date: October 2, 2003 Resolution 142, 2003 We recommend the following condition of approval. "Upon issuance of the Conditional Use Petition Approval (CU-03-02), the conditional use shall not be permitted for a period longer than one (1) year." This will be a condition of approval. Fire Rescue The Fire Rescue Department commented that the modular and the trailer shall be inspected and approved by Fire Rescue prior to their use. This will be a condition of approval. City Forester The City Forester has no concerns with this request. Building Official The Building Official has no concerns with this request. PLANNING AND ZONING COMMISSION ACTION At the meeting of September 9, 2003, the Planning and Zoning Commission voted (7-0) recommend Petition CU-03-02 for approval to the City Council as submitted and recommended by staff. STAFF RECOMMENDATION Staffrecommends approval of Petition CU-03-02, with the conditions provided in Resolution 142, 2003 attached. Jh/G:Conditional Uses/First Baptist Church/CU-03-02 CC stf Attachments 4 DatePrepared: September 12, 2003 Meeting Date: October 2, 2003 Resolution 142, 2003 Subject Property First Baptist Church of Palm Beach Gardens North Palm Beach County: Atlantic Road Gardenway Condos/Cabana Colony South Water Management Tract Re$ional Center DRI West Alternate A1A FEC Railway East " Mira Flores Apartments (Regional Center DRI) Residential Low 3 (RL3) with a Conditional Use (CU) Overlay PBC Residential High/Residential Medium Residential Low (RL) Professional Office (PO) Residential High (RH)Planned Community District Overlay (PCD) Planned Community District Overlay (PCD) PBC Residential Date Prepared: September 12, 2003 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 142, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A ONE-YEAR TEMPORARY CONDITIONAL USE ALLOWING THE PLACEMENT OF A 24-FOOT BY 40-FOOT MODULAR CLASSROOM UNIT AND ALLOWING THE USE OF AN EXISTING TEMPORARY 60-FOOT BY 12-FOOT TRAILER AS AN OFFICE ON THE PROPERTY OF THE FIRST BAPTIST CHURCH OF PALM BEACH GARDENS AT 11980 ALTERNATE AIA, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has received Petition CU-03-02 from the Renaissance Learning Center for approval of a one-year Temporary Conditional Use to allow the placement of a 24-foot by 40-foot modular classroom unit and to also allow the use of an existing temporary 60-foot by 12-foot trailer as an office on the property of the First Baptist Church of Palm Beach Gardens at 11980 Alternate A1A, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on September 9, 2003, the City’s Planning and Zoning Commission reviewed said application and recommended that it be approved subject to the conditions stated herein; and WHEREAS, the City Council has deemed the approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves a Temporary Conditional Use to allow the placement of a 24-foot by 40-foot modular classroom unit and to also allow the use of an existing temporary 60-foot by 12-foot trailer as an office for one year on the property of the First Baptist Church of Palm Beach Gardens at 11980 Alternate A1A, one-half mile north of PGA Boulevard, for the following described real property: Date Prepared: September 12, 2003 Resolution 142, 2003 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 LEGAL DESCRIPTION: O.R.B. 1310, PAGE 42 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER (NWl/4) SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A LINE PARALLEL TO AND 100 FEET EASTERLY FROM (MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF SAID SECTION AT A DISTANCE OF 343 FEET SOUTHERLY FROM, MEASURED ALONG SAID PARALLEL LINE, THE NORTH LINE OF SAID SECTION 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 278.14 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25 FEET AND A CENTRAL ANGLE OF 89°41’00"; THENCE NORTHERLY NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE; A DISTANCE OF 39.13 FEET TO THE END OF SAID CURVE; THENCE EASTERLY ALONG THE TANGENT TO SAID CURVE AND ALONG A LINE PARALLEL TO AND 40 FEET SOUTHERLY FROM (MEASURED AT RIGHT ANGLES TO) THE NORTH LINE OF SAID SECTION 6, DISTANCE OF 550.64 FEET; THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF SAID SECTION 6, A DISTANCE OF 303 FEET; THENCE WESTERLY, PARALLEL TO THE NORTH LINE OF SAID SECTION 6, A DISTANCE OF 575.50 FEET, MORE OR LESS TO THE POINT-OF-BEGINNING. LESS, HOWEVER, THAT PORTION LYING WEST OF THE EAST RIGHT-OF-WAY OF STATE ROAD A-1-A AS SHOWN ON RIGHT-OF-WAY MAP SECTION 93090-2521 ON SHEET 5 OF 5. CONTAINING 3.63 ACRES MORE OR LESS (AS MEASURED). SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD. SECTION 3. Said approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: A 30-inch cocoplum hedge shall be planted not more than 24 inches on center along the fence where it is adjacent to Atlantic Road and west of the modular classroom prior to Certificate of Occupancy. (City Forester) Prior to the issuance of Certificate of Occupancy, the modular classroom and the construction trailer shall comply with all building codes, and building permits shall be obtained for both. (Development Compliance, Building) The modular classroom and the construction trailer shall be inspected and approved by Fire Rescue prior to the issuance of Certificate of Occupancy. (Fire Rescue) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 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: September 12, 2003 Resolution 142, 2003 4.Outside building lighting shall be non-glare and shall not conflict with any landscaping. (Police Department) 5.This Conditional Use shall not be permitted for a period longer than one (1) year from the date of City Council approval. (Planning and Zoning) Prior to issuance of Certificate of Occupancy, the applicant shall provide a plan to be reviewed and approved by the City Engineer showing pedestrian access from the existing Church facilities to the proposed classroom and the parking area. A handicap ramp shall be constructed over any curbing at the pedestrian access location. (City Engineer) o Prior to issuance of Certificate of Occupancy, the applicant shall provide a plan, to be reviewed and approved by the City Engineer, showing that the pick-up and drop-off requirements are satisfied. (City Engineer) SECTION 4. Said approval shall be consistent with all presentations made by the applicant or applicant’s agent at any workshop or public hearing. SECTION ,~. Said approval shall be consistent with plans filed with the City’s Growth Management Department as follows: 1.Specific Purpose Survey (Site Plan) by Atlantic-Caribbean Mapping, Inc., dated April 10, 2002, and received by the City on August 5, 2003. Approved Master Site Plan - Phase 1, with superimposed sketch of modular and classroom, dated December 2, 1985, and received by the City on September 15, 2003. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PASSED AND ADOPTED this Date Prepared: September 12, 2003 Resolution 142, 2003 day of ,2003. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Eric Jablin, Mayor BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT G:\attomey_share\RESOLUTIONS\Reso 142 2003 - temporary modular classroom.doc jh/G/Conditional Uses/First Baptist Church/Resolution 142 2003 4 LOCATI()N First Baptist Church Site ~ ~,~rdens Pa~ Mira FIores Apts. Downtown at the Gardens CANAL ~i u i,-4 PROJECT NO. Pa=. ~inellt (SG. Narrative S~rting A Req .u~. I~ .tbr..Tom!xnm~_ Schca~i Faoflifi’os July 26,.2003 pol The Renaissance l.e.arning Center (RLC), as school for children with autism is currently occupying spas in the First Baptist Church located at 11980 Alternate A1A in Palm Beach Gardens. In order to assist ~mities with children with autism, RLC has agreed to enroll the children that are being displaced from the St. Mary’s Preschool for Autism when it closes on July 31, 2003. Therefore RLC will bc increasing its ~ntoilmeat significantly bogimfiag with the new school year starting August 13, 2003. The current space available in the First Baptist is insufficient for the number of children that are being projected to attend RI,C. It is tbr this reason that the following re, quests are made. 1.Be permitted to oocalpy the portable construction trailer that is cla’rvntly located on the church property for one year. Be permitted to insta~ and occupy a Palm Beach County School District portable da,,~room for one year. The portable classroom is 24’ X 40". This classroom will be hooked up to power, water and svwer per th¢ existing construction code el’Palm Beach Cordons. RLC plans to relocate to a tScflity that can accommodate all of their special needs studcn~ hy the be~nning of the 2004/2005 school year. PREVIOUSLY APPROVED TEMPORARY MODULAR STRUCTURES St. Mark’s Episcopal School/Church - for a classroom Christ Fellowship Church -for classrooms to relieve overcrowded conditions until permanent structure was constructed Ballenlsles Parcel 28 Clubhouse - For use by Property Owners Assn. As Administrative Buildings Two years 18 months Six years Resolution 71, 1993 7/1/93 Resolution 4, 1997 1/2/97 Resolution 84, 1997 9/4/97 Ballenlsles Temporary Structure One year Resolution 5, 1993 - used as a Sales Model Two years Resolution 113, 1994 Three years with the right to request a one-year time extension Bowman Property Security Trailer- Hood Road- used for security purposes PGA National Lot 4 Commerce Park- to provide expansion area to their existing office facility (for a CADD network) prior to construction of permanent facility Church in the Gardens - Classroom Three years - until July 30, 2004 Resolution 21, 1993 2/18/93 Resolution 67, 2001 G/jackie/temporary modular structures 8/7/01 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 10, 2003 Meeting Date: October 2, 2003 Resolution 97, 2003 Subject / Agenda Item: Resolution 97, 2003: South Trust in the Regional Center - Art in Public Places Consideration of approval: A request by Keith Spina, agent for South Trust Bank in the Regional Center, for approval of the proposed Art in Public Places for the South Trust Bank (Regional Center Parcel 27.04 South). Parcel 27.04 South is a 2.0-acre site approved for the development of a 14,000 square-foot bank building located at the northeast comer of the intersection of Kew Gardens Drive and PGA Boulevard within the Regional Center Development of Regional Impact (DRI). [ X ] Recommendation to APPROVE [ ] Recommendation to DENY FINANCE: NAReviewed by: Principal Planner Talal Benothman, ~ flCP City Attorney (~ Christine Tatu~t Development ~pliance Talal Benothman, AICP Growth / Director_~ ~ Charles K. Wu, AICP Approved by: City Manager Ronald M.~erris(.~ Originating Dept.: Growth Management: ProjectManager A 5" Autunm Sorrow Planner Advertised: Date: Paper: [X] Not Required Affected parties: [ ] Notified [X] Not Required Costs: $ NA Total $ NA Current FY Funding Source: [ ] Operating IX ] Other NA Budget Acct.#: City Council Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯Code Subdivision I. Art in Public Places ¯Approved Landscape Plan ¯Resolution 97, 2003 ¯Art Budget Breakdown ¯Artist Resume ¯Proposed Art ¯Site Plan & Details [ ] None Date Prepared: September 10, 2003 Meeting Date: October 2, 2003 Resolution 97, 2003 BACKGROUND On April 4, 2002, City Council approved the construction of a branch bank office with approximately 14,000 square feet and four drive-through lanes and one ATM lane (Resolution 47, 2002). The 2-acre site is located at the northeast comer of the intersection of Kew Gardens Drive and PGA Boulevard. Per Section 78-262 of the Land Development Regulations, "Fee imposed on development," all budgets for new construction of private and public developments shall include 1% of the total budgets for vertical construction as a fee for art in public places. The subject fee shall be used by the developer for the provision of artwork on the project site, or the developer may choose to contribute 1% of the total building construction costs directly to the City for the provision of art on public property, including public rights-of- way. Under the terms of the Art in Public Places Ordinance, the petitioner has currently escrowed $16,000.00 for the building. The applicant has indicated that the cost of the proposed sculpture would be $16,000.00 (see attached budget breakdown). ART IN PUBLIC PLACES The petitioner is proposing a twelve-foot metal sculpture titled, "Magician’s Birthday," by artist Mark Fuller (see attached resume). Originally, the property owner was proposing to locate the sculpture within the courtyard directly in front of the buildings entrance off of Kew Gardens Avenue. On June 5, 2003, the City Council directed the applicant to locate the proposed art along PGA Boulevard. The applicant has complied with this request and is now proposing to locate the sculpture on the northeast comer of PGA Boulevard and Kew Gardens Avenue (see attached site plan). ART ADVISORY COMMITTEE On April 24, 2003, the Art Advisory Committee reviewed the proposed art for the South Trust Bank and recommended approval (3-1) with the condition that the applicant locate the art along PGA Boulevard, as opposed to the plaza directly in front of the building entrance. The Art Advisory Committee required the applicant to locate the sculpture within the required 55-foot landscape buffer along PGA Boulevard. In compliance with the Art Advisory Committee and the City Council’s request the applicant has revised the proposed location of the art. On July 2, 2003, the Art Advisory Committee reviewed the new proposed location of the artwork for the South Trust Bank and recommended approval (5-0) for the artwork to be located at the northeast comer PGA Boulevard and Kew Gardens Avenue, within the 55-foot landscape buffer. 2 Date Prepared: September 10, 2003 Meeting Date: October 2, 2003 Resolution 97, 2003 STAFF RECOMMENDATION Staff recommends approval of Resolution 97, 2003. 3 land development process. When feasible, native material sl~mll be relocated on site. ~ve~ion which cannot be~tran3i~l~,or -,r~oc~:~on~si~ m encouraged to be offerS-for donation or to be sold by the app~t~ (Oral. No: 17-2~0,~ §i 119, 7-20-00) Seesaw. 7~~~ ~served. DMSION 5~ PUBLI~,PLAC-~~ SubdivisiotvI. A~::it~t~;~g~. See: 7~2B’:1: .D’~f~ions; (a) Definitions. The following words, terms andp~es; ~li~:uged.:in~this!di~i on,:.sh all have the meanhgs,ascribed to them in thisdivision~ except Whbre:the:context clearly indicates a different meaning: (1)Construction cost means total costs of buildings constructed on: the site. (2)Development means any capital project to construct or remodel any private : or public development, except residential, or-any portion thereof within:,the:limits of, the :city. (3)Works of artmean all forms of the visual art~coneeived:in any medium, material~ or combination thereof, including but not limited: to p~tingi sculpture~, fd~tains, engraving; carving, frescos, mobiles, murMs; collages; mbsaics, bhs~re|iefs, t~ipestries, photegraph~ drawings, and collaborative~d~ign:pr~jects ~betw~n~ arehitec~s~and/or landscapearehitects and artists. (b) lr~olatfor~:~-Vio|ation: of this chapter:shall~b~stibj~t :t6 -~~ 6r~d~i~f: ~:p~’dvid~iri~a~ele VII. LAND DEVELOPMENT § 78-262 b.Selection criteria. The criteria hsted below must be considered by the art advisory committee in the selection of an artist for a development project pursuant to the requirements of this chapter. 1.Appropriateness of the artwork to the site and site environmental condi- tions, including visual accessibility to pedestrian or vehi_’cular traffic. 2.Quality of the artwork.~ 3.Maintenance requirements. 4.Ability of the artist to complete the project within a specified schedule. 5.Exhibition and sales history of the artist, as well as works in public collections and previous public art purchases or commissions. (2)Zoning consideration. Consideration must be given to project zoning (as base specifi- cations and wind tolerance for sculpture). Permits and building approval must be obtained, when necessary. (3)Meetings. The committee must meet at appropriate times to complete its task within the specified schedule. The art advisory committee shall develop regulations regarding submittal and approval of recommended artwork. (4)Guidelines. The committee shall, adopt Art in Public Places Implementation Guidelines to assist both public and private sector planning activities. (5) Installation. Installation of artwork shall be guided by the standards listed below. a. Artwork shall be installedto be visible to the m~ximum number of passers-by. b. Artwork shall be integrated into the overall planning and design for a structure or project, and shall be compatible with the intent and purpose of the structure at which the work or works are located. c.Artwork shall be integrated into the overall landscaping plum, and landscaping shall be utilized te enhance the visibility of such works. d.A~twork shall be lighted in an unobtrusive m~nner. At a minimum, artwork shall be illuminated from dusk until midnight. (6)Maintenance. Artwork shall be maintained in good conditions at all times, including any associated landscaping or related improvements. (Ord. No. 17-2000, § 120, 7-20-00) Sec. 78-262. Fee imposedon developments. (a) Fee. All budgets for the new construction ofprivate and public developments in the city, as specified in section 78-261, shall include an .amount of one percent of the total budgets as a fee for art in public places. The.fee shallbe imposed and paid as provided below. (1)Deposit of funds. The developer shall submit to the city documentation showing that a deposit was made with the developer’s attorney into an escrow account in an amount of money equal te the art-fee prior :to the issuance of the :first building permit. The Supp. No. tO CD78:221 § 78-262 PALM BEACH GARDENS CODE developer’s attorney will furnish the city documentation of the withdrawals for payment of art fees in accordance with the terms of the contract between the developer and the artist or artists, of the developer’s arts consultant. The developer’s attorney will provide the city a final certification and accounting of the payment of art and consulting fees at the conclusion of the placement of a~twork_ (2)Surplus balance. Any surplus balance existing in the escrow accounts afte~ the developer has installed the required artwork shall be collected by the city. The surplus balance shall be held in a segregated, interest-bearing fund, andshall be used for the provision of additional art work at the construction site or another site within the city. Use of such funds shallbe determined by the city council and shall be in accordance with further provisions of the chapter. (3)Artist selection. The selection and co~nmi.~sions of the artists shall be by w~itten contract between the developer and artists. (4)Arts consultant. The developer may utilize up to I5 percent ofthe required fee to retain an arts consultant to assist in the selection and procurement ofrequired axtwork, The arts consultant shall have no financial relationship with the artist, or any ownership in artwork purchased by the developer. (5)Cost over, ms. If the final project cost is higher than the cost figure used to calculate the preliminary art budget, the art budget must be increased as necessary to equal one percent of the actual defined total project cost. The art budget must be revised within 30 calendar days of any such changes. (b) Locat/on. The a~twork shall be displayed in a-location visually accessible to both pedestrian and vehicular traffic. (c) Contribution ofdeveloper. Instead of providing the extwork on the project site, a developer may choose to contribute one percent of the total construction costs as the required art fee. If the contribution is made, the contribution shall be placed in the city’s art account. The contributor shall have no input in the use of such funds. (1)Artist selection. The selection and commissions of the artists and artwork shall be by written contract between the city and artists. (2)Use of purchased art. All extwork purchased by the city required art fee contribution shall be displayed on city-owned land, a city-owned building, or a City-leased or rented facility. The aztwork shall be.displayed in-a location visually accessible to beth pedestrian and vehicular traffic. (3)Art consultant. The city may utilize up to a maximum of 15 percent of the funds allocated from the art account for any particular city facility to retainan art consultant to asSist.inthe selection and installation of artwork. (d) Guidelines. The. selection and commissioning of.artists shallbe in accordance with .the Art in Public Places ..Implementation Guidelines adopted by the art advisory committee. Supp. No. 10 CD78:222 LAND DEVELOPMENT § 78-262 (e) Special art advisory committee. (1)Creation. The city council shall appoint a special art advisory committee to render an advisory opinion regarding but not limited to the following: a.The suitability of the construction project as a location for works of art; b.The nature of the works of art which are most appropfiate for the construction project; and c. The best method of securing the recommended works of art. (2)Duties. The city council shall specify the scope of the opinion which it elicits from the special art advisory committee, and the time limit within which a response is required. (3)Ownership and maintenance. Artworks purchased pursuant the requirements of this subdivision belong to the property owner, and must be insured and maintained.~ Artworks purchased under subsection 78-262(c) are the property of the city and shall be maintained by thecity. Artwork installed in accordance with this chapter cannot be altered or removed from the site without approval of the city council. When developer- "oWned a~t is situated at or.on prope~t~ or facilities owned or occupied by the city, the developer may transfer ownership tothe city. Such art must be maintained by the city. The city has the fight to maintain any art it deems improperly maintained and charge the owner the cost of such maintenance. (f) Insurance. Proper insurance coverage shall be maintained by the city on. artworks purchased with funds generated by this article or on artwork whose ownership has been transferred to the city. (g) Appraisal. To establish the value of a~t submitted to comply with this division, the art advisory committee shall have the authority to employ an indJpendent art appraiser to provide a written appraisal of the a~t submitted. Such appraisal will be paid for by the developer as part of the overall art contribution. (h) Waiver of requirements. (1)Waiver. The city council may waive the requirements contained in this chapter, utilizing the standards contained herein. Promotion of the general welfare of the city shall be a major factor in the waiver or reduction of fees. (2) Existing structures. Required fees may only be waived in whole or in part provided " existing complex is subject of extensive plans for redevelopment of the exterior of existing structures, or buildings are demolished and replaced with square footage equal to or less than that of original buildings. -(3)Other upgrade~ Upgrading of landscaping, project entrances, and vehicle parking, if any, which provide substantial improvement in excess of existing requirements shall be factors to be .considered in the waiver process. Supp. No. 10 CD78:223 § 78-262 PALM BEACH GARDENS CODE (4)Criteria .for waiver of fees. The city council shall consider considering a request to waive or reduce required fees: ao bo the following when The impact of proposed improvements on the appearance and utility of an existing structure; The impact of proposed improvements on existing and potential tenan,ts or businesses; and The probability of the owner acquiring substantial or anchor tenants to assist in relieving financial problems, excess vacancy rates, dilapidated appearance~ and similar (5)Credit for expenditures. a.Monies expended for the p~e of meeting minimum code or site plan requirements shall receive no credit for payment of required fees: b.Landscaping shall be considered a temporary improvement as compared to a permanent structural improvement in determining amonetary credit. The city council may not authorize more than 50 percent credit for the cost of installing new or replacement landscaping. Unusual cost of individual plantings or groups of plantings, such as rare exotics, shall not be considered as the sole factor for credit. (i) Architectural features. The city council may grant a partial credit toward required fees when a project contains unusual architectural features. (j) Aesthetic features. The city council, upon the recommendation of the art advisory committee, may give a developer partial credit, for an element of the project which Supplies creditable aesthetic features for the benefit of the public: (Ord. No. 17.2000, § 121, 7~20-00) Secs. 78-263--78-270. Reserved. DIVISION 6. SIGNS Sec. 78-271. Intent and purpose. The purpose of this division is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant comm,mication between people and their environment and to avoid the visual clutter that is potentially harnfful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this division to authorize the use of signs, provided they are compatible with their surroundings, appropriate to the activity that displays them, expressive of theidentity of the individual activities and the community as.a whole, and legible in the circumstances in which they. are seen. (Ord. No. 17-2000, § 122, 7-20°00) Supp.- No..10 CD78:224 14,000 LAKE Scale: 1" =20’Norl:h Cotleur Rpr ~ 03 O~:41p OLIk~R GLIOOEM RRCHITECTS 56169468~0 ART IN PUBLIC PLACES ART BUDGET BREAKDOWN FOR SOUTHTRUST BANK 1 )Total vertical construction cost: 2) 1% of total cost (art buget): 3) Cost of art: 4) Additional fees (agent fees): Total spent on art (#3 + #4): INCLUOED IN COST OF ART $1,600,000.00 $16,000.00 $16,000.00 $0.00 $16,000,00 MTFULLER FUNCTIONAL ARTS Mark Fuller 809 Nodh Dixie Hi.way V~st Palm Beach. FL 33401 561.659.2933 studio mttuger@eadhlink.net 118 West 801/3 Street N~ york. NY 10024 LPI 2.580.3010 studio Mark Fuller About ,r TFu ter MTFuller is an environmental graphic designer and creator of art works for a wide variety of applications. Established in West Palm Beach since 1986, Mark Fuller provides professional design, prototype fabrication and final production sen/ices. Pdmadly odented towards designing identity elements to enhance a sense of place, Fullers experience includes urban street furniture such as seating elements, water features, bollards, lighting fixtures, banner hardware and graphics, tree grates, and telephone kiosks. Art In Public Places programs have included kinetic conslxuctions, compression-tension cable stzuctures and static free-standing elements. His projects have been referenced by a spokesperson for the National Endowment For The Arts as "an example of what public art should be". Experience with, and accessability to high-tech fabrication methods and finishing technology allow him to effectively determine appropriate production methods to accommodate budget, schedule, and function requirements. His projects have incorporated crn/erse fabrication methods utilizing polymer-based mouldings, cast stone fabrications, specialized epoxy-polyester hybrid coatings, and aerospace quality precision metal fabdcafions. With immediate access to state-of-the-art industrial lasers, computerized machining, image reproduction, MTFulleds ability has been key to streamlining the process from concept to reality. Fluent in digital technology, MTFuller utilizes an array of powerful Macintosh and PowerComputing platforms for pre-productJon 3D modeling and imaging. Expertise in programs such as Photsshop, Raydream, I ighfforge, QT Virtual Reality, and POV-Ray I Persistance of Vision enables photo-realistic monitoring of designs from conceptual design throughout the final design phases. Lately his work has evolved to explore the juxtaposition of contrasting natural metal surfaces and forms on parelell planes, and the ever-changing effects by natural light and shadow. Professional Experience Urban Design Studio, West Palm Beach, FL: Lance Wyman Ltd., New York, NY: MTFuller Functional Arts; West Palm Beach, FL: Division of Graphics 1978-80 Senior Project Designer 1980-86 Principal 1986 -present Sample Projects Flock - The C;dy of Mercer Island, Washington (current) 9-111World Trade Center Memorial - The City of Hoboken, New Jersey (2001) Square Peg - Round Hole - Intedm Services Corporate Headquarters, Ft. Lauderdale, Rodda (2000) Mood For Wind & Water - Channing Corporation, Palm Beach Gardens, Rodda (1999) Tensegrity - The Children’s Discovenj Museum of the Desert, Palm Desert, Califemia (1999) Interstate 95 Sound Barriers - The C~ty of West Palm Beach, West Palm Beach, Flodda (1997) Marlin Palms - The City of West Palm Beach, West Palm Beach, Flodda (1995) Fish Out Of Water - The City of Wast Palm Beach, West Palm Beach, Floddu (1993) Other Clients The City of Detroit, Detroit, Michigan The City of Trenton, Trenton, New Jersey The City of Boynton Beach, Boynton Beach, Flodda U. S. Sugar Corporation, West Palm Beach, Flodda Downtown Development Author’dy of West Palm Beach CoTran, Palm Beach County, Florida Farr-Jewett & Associates, Washington, DC Skidmore, Owings & Merdl, New York, New York American Musuem of Natural History, New York, New York Histodc Mercer Cemetap/, Trenton, New Jersey Soul~ Street Seaport Museum, New York, New York plate disks .~n steel body as required 10" x 3/4" drive anchor bolts MTFULLER FUNCTIONAL ARTS 809 NOtlh Dixie Highway ~ 561,659.2933 studio Wes~ PaJm Beach, FL 33401 ~ r~t~k~r@eatlhl~lk.ne( Southtrust Bank AIPP ASPHALT IU / POLE BOX CONC, IRRIGATION IRRIGATION O, R, B, IRRIGATION ~ANEL MANAGEMENT 9768,PAGE H, 88) 8, OS’ Io CONCRETE PRM #443~ rOUND 4"x4" MONUMENT PRM #4431 WATER MAIN SLAB 12’ UTILIT~ (I], R, B, 27,PG, 88) SOUTH ~THEA.~ P,G,A, QUARTER - SECTION 6-42-43 CURB INLET E,O,P,= I0.82 ~STORM MANHOLE TDP=11,26 BFIULF-VAR]} LJ ~T B O UL E VA ,~D / / / / / \ \ \ \ q LIGHTING ScarabTM EL740 120 Volt Die-Cast Aluminum, PAR38 Incandescent / Halogen revision 8/1/99 ¯ e1740.pdf Type: T Job: SOUTHTRUST BANK P.B.G. Fixture Catalog number: EL740DB Fixture and Finish Mounting Options: Ordered Separately from ~ixture See pages 2-3 Approvals: Date: Page: 1 of 3 Specifications .... """’,~" ~ ~--" ........................;, "H ,,,~umlllg andenclosure. Swivel: Die-cast aluminum with locking teeth and"1~2" solid brass NPT mount. Provides 358° horizontal rotation independent of the threaded mount, Swivel locked by 1A-20 stainless set screw. Clear anodized prior to chromate conversion coating for added corrosioln resistance. Lens Ring: Integral die-cast aluminum lens ring and glare shield. Casketing: Silicone gaskets used throughout. Socket: Nickel plated brass/porcelain socket. 4KV pulse rated. Wiring: 18AWM rated 105°C. Finish: Super TGIC thermoset polyester powder coat paint, 2.5 mil nominal thickness, applied over a chromate conversion coating; 2500 hour salt spray test endurance rating. Standard colors are Black (BL), Dark Bronze (DB}, Verde Green (GR}, and White (WH). Certification: UL Listed to U.S. and Canadian safety standards for wet locations. Fixture manufacturer shall employ a quality program that is audited to ISO9001 standards. Fixture Finish [] EL740BL Black [~ EL740DB Dark Bronze [] EL740GR Verde Green ~ EL740WH White Wattage / Lamp 45W - 150W PAR38 Incandescent / Halogen ~U.S. PATENT PENDING © 1999 KIM LIGHTING INC. ¯ P.O. BOX 60080, CITY OF INDUSTRY, CA 91716-0080 ° TEL:626/968-5666 ¯ FAX: 626/369-2695 5622099213 SIGN" 16~X6* TAPPING FIRE HYDRANT N43°40’04"W 56.66’ Partial Site Plan with propgsed Sculpture location Art in Public Places SouthTrust Bank PGA Boulevard OL1VER.GLIDDEN ~ pARTNERS Date Prepared: September 10, 2003 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 97, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES PROPOSAL FOR SOUTHTRUST BANK ON PARCEL 27.04 SOUTH WITHIN THE REGIONAL CENTER DRI, LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF KEW GARDENS DRIVE AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 4, 2002, City Council approved Resolution 47, 2002 allowing the construction of a branch bank office with a total square footage of approximately 14,000 and four drive-through lanes and one ATM lane on a two-acre site to be completed in one phase of development known as Parcel 27.04 South within the Regional Center DRI; and WHEREAS, Keith Spina, agent for the SouthTrust Bank, submitted an application (MISC-03-03) seeking the approval of the proposed art for the SouthTrust Bank, located Parcel 27.04, as more particularly described herein; and WHEREAS, the two-acre (Parcel 27.04) site is currently zoned Planned Community District (PCD) Overlay with an underlying zoning of Professional Office (PO) and a future land use of Professional Office (PO); and WHEREAS, on July 2, 2003, the Art Advisory Committee reviewed said application and recommended approval with a condition of approval to the City Council; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; 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 for the SouthTrust Bank on the following described real property: Date Prepared: September 10, 2003 Resolution 97, 2003 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 LEGAL DESCRIPTION: A PART OF REGIONAL CENTER PARCEL 27.04, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 90, PAGE 1, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT WESTERLY MOST SOUTHWEST CORNER OF SAID PLAT; THENCE NORTH 01°25’03 ’’ EAST ALONG THE WESTERLY BOUNDARY OF SAID PLAT, A DISTANCE OF 13.55 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 455.87 FEET; THENCE CONTINUE ALONG SAID WESTERLY BOUNDARY, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37°35’44" A DISTANCE OF 299.13 FEET; THENCE CONTINUE ALONG SAID WESTERLY BOUNDARY, NORTH 39°00’45 ’’ EAST A DISTANCE OF 80.28 FEET; THENCE DEPARTING SAID WESTERLY BOUNDARY, SOUTH 63°28’51 ’’ EAST A DISTANCE OF 212.60 FEET; THENCE SOUTH 26°27’53" WEST A DISTANCE OF 52.51 FEET; THENCE SOUTH 11°16’43 ’’ EAST A DISTANCE OF 118.56 FEET; THE FOLLOWING FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY BOUNDARY OF SAID PLAT; THENCE SOUTH 78°23’01" WEST A DISTANCE OF 156.18 FEET; THENCE SOUTH 01014’52" WEST A DISTANCE OF 106.21 FEET; THENCE NORTH 88°45’08 ’’ WEST A DISTANCE OF 148.02 FEET; THENCE NORTH 43°40’02’’ WEST A DISTANCE OF 56.66 FEET TO THE POINT OF BEGINNING. CONTAINING 2.008 ACRES, OR 87,468.93 SQUARE FEET, MORE OR LESS. SECTION 3. Said approval shall be consistent with plans filed with the City’s Growth Management Department as follows: 1. Art in Public Places Art Budget Breakdown, received 4/24/03, OGS & P, 1 page. 2. About MTFuller (Artist Resume), 1 page. 3. SouthTrust Bank AIPP Design Layout and Details, MTFuller, 3 pages. 4.SouthTrust Bank AIPP Site Plan and Enlarged Location Layout, MTFuller, 2 pages. SECTION 4. Said site plan approval shall comply with the following additional conditions, which shall be binding upon the applicant, its successors, assigns, and/or grantees: 1.The applicant shall be responsible for maintenance of the approved art in public places. (Planning & Zoning) 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. 2 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 SECTION 6. Date Prepared: September 10, 2003 Resolution 97, 2003 This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this ~day of ,2003. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Eric Jablin, Mayor BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\art in public places - southtrust bank o reso 97-2003.doc RECEIVED SEP 1 7 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 15, 2003 Meeting Date: October 2, 2003 Resolution 169, 2003 Subject/Agenda Item: Resolution 169, 2003: Harbour Oaks Residential Development Sign Consideration for approval: A request by Urban Design Studio, agent for Kolter Property Company, for an amendment to the MacArthur Center Signage Program to allow for a residential development sign for ’Harbour Oaks’ to be located at the northeast corner of Gardens Parkway and Valencia Gardens Avenue. [X] Recommendation to APPROVE [ ] Recommendation to DENY FINANCE:City Council Action:Reviewed by: Principal Planner__~ Talal Benothman, AI1 ~.P City Attorney (~/~ Christine Tatunk~sq. ~ Development Compliance N/A Bahareh Keshavarz, AICP Growth ~gerperq ~ ~ Directo~ Charles K. Wu, AICP City Manager: Originating Dept.: Growth Management: Project Manager Natalie Wong Senior Planner Advertised: Date: Paper: [X] Not Required Affected parties: [ ] Notified [X] Not Required Costs: $ N/A Total $ N/A Current FY Funding Source: [ ] Operating [X] Other N/A Budget Acct.#: NA [] Approved [] App. w/conditions [] Denied [] Rec. approval [] Rec. app. w/conds. [] Rec. Denial [] Continued to: Attachments: ¯ Site Plan ¯ Sign detail ¯ Proposed MacArthur Signage Map amendment ¯Attachment "A" Master Signage Map for Resolution 132, 2002 BACKGROUND Date Prepared: September 15, 2003 Meeting Date: October 2, 2003 Resolution 169, 2003 Page 2 On September 3, 1998, the City Council of the City of Palm Beach Gardens approved Resolution 64, 1998, which approved a master signage program for the Regional Center Development of Regional Impact (DRI). Since its original approval, the Resolution has been amended five times, with Resolution 91, 2003 being the latest amendment. The City Council approved a master signage program for ’San Matera’ through Resolution 132, 2002, which included a location for a residential development sign on the east side of Valencia Gardens Avenue, midway between Gardens Parkway and Edgewater Drive. Please see attachment "A". ’Harbour Oaks’ was approved through Resolution 81, 2003 for 317 townhomes on 25.71 acres, which amended the approved site plan for ’San Matera.’ The applicant is proposing to amend the previously approved sign location to allow for a residential development sign for ’Harbour Oaks’ to be placed at the northeast comer of Valencia Gardens Avenue and Gardens Parkway. SIGN DETAILS The proposed sign is consistent with the approved signage program for ’San Matera,’ and the proposed sign color, Row House Tan, is consistent with the color scheme approved for ’Harbour Oaks.’ PLANNING AND ZONING COMMISSION On September 9, 2003, the Planning and Zoning Commission reviewed the subject petition, and recommended approval by a vote of 7-0. STAFF RECOMMENDATION Staff recommends approval of Resolution 169, 2003. Date Prepared: September 15, 2003 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 RESOLUTION 169, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE MACARTHUR CENTER SlGNAGE PROGRAM (RESOLUTION 64, 1998) TO A~LOW FOR RESIDENTIAL DEVELOPMENT SIGN FOR ’ICARBOUR OAKS’ TO BE LOCATED AT THE NORTHEAST COI~J~IER OF GARDENS PARKWAY AND VALENCIA GARDENS AVEN~;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council approved the MacArthur Center signage program through Resolution 64, 1998; and WHEREAS, the City has received an application from Kolter Property Company for an amendment to the MacArthur Center Signage Program to allow for a residential development sign for ’Harbour Oaks’ to be located at the northeast corner of Gardens Parkway and Valencia Gardens Avenue; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the MacArthur Center Signage Program to allow for a residential development sign for ’Harbour Oaks,’ as illustrated in Exhibit ’A’, attached hereto and incorporated herein, with the color of Row House Tan, to be located at the northeast corner of Gardens Parkway and Valencia Gardens Avenue. SECTION 3. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 4. This Resolution shall become effective immediately upon adoption. 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: September 15, 2003 Resolution 169, 2003 PASSED AND ADOPTED this ~day of ,2003. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Eric Jablin, Mayor BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT G:\attorney_share\RESOLUTIONS\Reso 169 2003 - amendment to macarthur signage program.doc 2 Community Identification Sign 1/2" = 1’-0" Nlaster S~nage Pro,~ram {PR/) l E DAW MaeArt, b~u- Cez~ter - ~ n d s c a p ! A i t u r e S i t e P 1 a n n i n il I Valencia Gardens Avenue Sai Piotro Cir©ll San Plelro Circle Prosperity l~arms Road our 1~ ~ Palm Beach County, Florida Xevellll Circle Ravella Circle @ City of Palm Beach Gardens Council Agenda October 2, 2003, Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello X Council Member Clark Council Member Russo Council Member Delgado IL VIII* CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 2, 2003 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS~ DELETIONS~ MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda~ please submit request form to the Ci.ty Clerk prior to this Item) CONSENT AGENDA: Ja.Proclamation - Fire Prevention Week 2003. Proclamation - National Business Women’s Week. Proclamation - Put the Brakes on Fatalities Day. Resolution 171, 2003 - Law Enforcement Block Crrant. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of twenty-two (22) Tasers for the police department with a local Law Enforcement Block Grant award and City matching funds; and providing an effective date. IX. PUBLIC HEARINGS: Resolution 142, 2003 - Renaissance Learning Center Temporary Modular Classroom. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a one-year temporary conditional use allowing the placement of a 24-foot by 40-foot modular classroom unit and allowing the use of an existing temporary 60-foot by 12-foot trailer as an office on the property of the First Baptist Church of Palm Beach Gardens at 11980 Alternate A1A, as more particularly described herein; and providing an effective date. X. RESOLUTIONS: Resolution 97, 2003 - South Trust in the Regional Center - Art in Public Places. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for South Trust Bank on Parcel 27.04 South within the Regional Center DRI, located on the Northeast comer of the intersection of Kew Gardens Drive and PGA Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. ~o.s.~- -,/b.Resolution 169, 2003 - Harbour Oaks Signage Package. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the MaCarthur q-o center signage program (resolution 64, 1998) to allow for a residential development sign for ’Harbour Oaks’ to be located at the Northeast corner of ..,~_Gardens Parkway and Valencia Gardens Avenue; and providing an effective date. _ ~,.’~t~’t’~’~’~ K.d$olo, r~a~ Iql. ~’o 3- L,’t.e~c-._P~r~¢~-T ~.’Ph oJ.67~’~u, .~. Fo~,~L~- v~.r~ .~_~ XI. ORDINANCES: (For Consideration on l¢irst Readmg)~.~. ~-~, XIL ITEMS FOR COUNCIL ACTION/DISCUSSION: XHI: CITY ATTORNEY REPORT: XIV: ADJOURNMENT: In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities neeth’ng special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the t~timony and evidence upon which the appeal is to be based. NOTE: All presentation materials must be received by the Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, "NATIONAL BUSINESS WOMEN’S WEEK" October 19, 2003 to October 24, 2003, will be acknowledged and celebrated during the First Annual event, "Progr~iv~ lnt~ractl~ Expo", For & By Professional Women of Palm Beach County, WIIEREAS, the focus is on women’s professional concerns. The objective is to be informative and educational based, with seminars addressing; Career Solutions, Unspoken l~usiness Attitudes, Organizational Skills, Visionary leadership, Mentoring, Laughter, Personal Safety, Business Etiquette & Protocol, Wearing Many Hats, Business Depression and many other attributes of the working day. WHRREAS, the primary goal is to bring together the combined energy & knowledge of professional women in Palm Beach County, for mentoring and educational potential. The efforts will benefit women by creating ideal conditions, educationally, economically, socially, and politically. Also, to promote and pubFwize the successes of professional women on a local, state and national level, along with offering resources through all avenues presented to professional women~ WHEREAS, the nation’s work force is comprised of 66 million workingwomen. The number of women- owned firms with 500 or more employees increased 124% during 1997-2002 period, 9 times as fast as all women-owned firms and nearly tripled the 45.8% growth among all firms with 500 or more. Women-owned business report for 28% of all U.S. business, producing $1.15 trillion in sales. WHEREAS, Palm Beach County businesses employ over 218, 490 women in business. Women-owned =growth ~ businesses are more likely to have owners who have worked 40 or more hours per week than non- growth businesses (70% vs. 40%). In Palm Beach County there are 29,178 women owned businesses, employing over 28,000. WHEREAS, each U.S. President since Herbert Hoover has acknowledged the contributions of women Entrepreneurs! The first annual observance of National Business Women’s Week was in 1928. Ffom the early efforts of the national Business and Professional Women~USA, the concept has grown to be a nationwide ssalute to all workingwomen. A75 year spotlight on BPW programs and objectives; has afforded the time to focus public attention upon a better businesswoman for a better business world. NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim October 19 to 24, 2003, NATIONAL BUSINESS WOMEN’S WEEK in the City of Palm Beach Gardens and urge all interested citizens and businesses to recognize this worthwhile event. Patrieia Snider, City Clerk IN WITMF_ASS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2nd day of October in the Year of our Lord, Two CITY OF P_A LM BEACH GARDENS Ptt LM BEACH COUNTY, FLORIDA PROCLAMATION Da "WHEREAS, October10,2003 is the Third Annual "T~t The Brakes On Fatalities ,y , and WHEREAS, traffic crashes caused 42,815 fatalities in 2002; including 198 deaths in Palm Beach County and through August 27, 2003 we have lost 123 lives in Palm Beach County; and WHEREAS, traffic crashes are the leading cause of death for people ages 6 to 33; and WHEREAS, poor road conditions and obsolete designs contribute to more than 15,000 highway deaths annually; and WHEREAS, deaths and injuries on U.S. highways cost society over $150 billion annually; and WHEREAS, safe driving behaviors such as Ensuring You Are Physically Sound & Mentally Sharp, Always Buckling Your Seat Belts, by Paying Complete Attention to Your Driving, by Obeying All Posted Signs & Striping, by Maintaining a Safe Speed for the Conditions, b Maintaining a Safe Following Distance, By Maintaining a Clear Sight Picture, by Being a Courteous & Conscientious Driver, and Being a Defensive Driver would dramatically reduce the number of traffic-related injuries and deaths; and NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim Friday, October 10, 2003, as PUT THE BRAKES ON FATALITIES DAY In Palm Beach County, Florida and call upon all citizens to help save lives by practicing safe driving behaviors and by spreading these important messages throughout our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2nd day of October in the year Two Thousand and three. Attest: Patricia Snider, City Clerk CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, public safety is a top priority in Palm Beach Gardens; and WHEREAS, safety from fire is important both to citizens and tocal firefighters, who put their lives on the line with every response to fire; and WHEREAS, residents of Palm Beach Gardens must take action to prevent fires and to protect themselves if fire strikes; and WHEREAS, awareness of simple safety practices can help lower our local fire death and injury rates; and WHEREAS, working smoke alarms on every level and a home fire escape plan and regular drills are essential for every household in Palm Beach Gardens; and WHEREAS, Palm Beach Gardens is joining the NFPA (National Fire Protection Association) in teaching lifesaving messages m conjunction with Fire Prevention Week; and WHEREAS, the Fire Prevention Week 2003 theme, "When Fire Strikes: Get Out! Stay Out/" is an important reminder for all citizens of Palm Beach Gardens. NOW, THEREFORE, L Eric Jablin, by virtue of the authority vested m me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of October 5-11, 2003 as FIRE PREVENTION WEEK in the City of Palm Beach Gardens and call upon the people of Palm Beach Gardens to remember the Fire Prevention Week 2003 caution, "When Fire Strikes: Get Out/Stay Out!" and urge all citizens to heed the advice to install smoke alarms and plan and practice fire drills. IN MTNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 2nd day of ~ "~~Jablin Attest: ~ P’~tricia Snider, City Clerk So u t h T r u s t So u t h T r u s t Re g i o n a l C e n t e r P a r c e l Re g i o n a l C e n t e r P a r c e l 27 . 0 4 27 . 0 4 Ar t i n P u b l i c P l a c e s Ar t i n P u b l i c P l a c e s Re s o l u t i o n 9 7 , 2 0 0 3 Re s o l u t i o n 9 7 , 2 0 0 3 P GA B L VD . Previously the Previously the petitioner was petitioner was proposing to locate the proposing to locate the sculpture within the sculpture within the courtyard directly in courtyard directly in front of the building’s front of the building’s entranceentrance On June 5, 2003 the City Council supported the Art Advisory Committee’s recommendation and directed the applicant to locate the sculpture on the NE corner of Kew Gardens and PGA Blvd. Pr o p o s e d A r t L o c a t i o n Pr o p o s e d A r t L o c a t i o n Pr e v i o u s l y P r o p o s e d A r t Pr e v i o u s l y P r o p o s e d A r t Lo c a t i o n Lo c a t i o n So u t h T r u s t Re g i o n a l C e n t e r P a r c e l 2 7 . 0 4 Ar t i n P u b l i c P l a c e s Re s o l u t i o n 9 7 , 2 0 0 3 Si t e L o c a t i o n Su b j e c t S i t e Ar t i n P u b l i c P l a c e s – 1% Fee On A p r i l 4 , 2 0 0 2 , C i t y C o u n c i l a p p r o v e d 1 4 , 0 0 0 sq u a r e f o o t b a n k o f f i c e w i t h f o u r d r i v e - t h r o u g h la n e s ( R e s o l u t i o n 4 7 , 2 0 0 2 ) . T h e 2 - a c r e s i t e i s lo c a t e d a t t h e n o r t h e a s t c o r n e r o f K e w G a r d e n s Dr i v e a n d P G A B o u l e v a r d . Th e p e t i t i o n e r h a s e s c r o w e d $ 1 6 , 0 0 0 . 0 0 f o r pu b l i c a r t , p e r L D R s re q u i r e m e n t . Ma g i c i a n ’ s B i r t h d a y Pr o j e c t : S o u t h T r u s t Ar t i s t : M a r k F u l l e r 12 f o o t m e t a l s c u l p t u r e Fa b r i c a t e d . 2 5 ” m e t a l p l a t e a n d m a c h i n e t o o l e d .5 ” p o l i s h e d r o d w i t h t h r e a d e d f a s t e n e r s . I n t e r n a l co l u m n ; t o p p l a t e m e c h a n i c a l f a s t e n e r m o u n t . An c h o r t o f i n i s h e d s l a b w i t h 4 q t y . ½ ” x 8 ” d r i v e an c h o r s , m o u n t i n g p l a t e a n d c o n c e a l e d fa s t e n e r s . P GA B L VD . Previously the petitioner was proposing to locate the sculpture within the courtyard directly in front of t h e b u i l d i n g ’ s e n t r a n c e At the request of the Art Advisory Committee and City Council the applicant is now proposing to locate the sculpture on the NE corner of Kew Gardens and PGA Blvd. On A p r i l 2 4 , 2 0 0 3 , t h e A r t A d v i s o r y C o m m i t t e e re c o m m e n d e d a p p r o v a l ( 3 - 1 ) w i t h t h e c o n d i t i o n t h a t t h e ap p l i c a n t lo c a t e t h e a r t a l o n g P G A B o u l e v a r d . On June 5, 20 0 3 t h e C i t y C o u n c i l s u p p o r t e d t h e A r t A d v i s o r y Co m m i t t e e a n d d i r e c t e d t h e a p p l i c a n t t o l o c a t e t h e pr o p o s e d a r t a l o n g P G A B o u l e v a r d . In C o m p l i a n c e w i t h t h e A r t A d v i s o r y C o m m i t t e e a n d t h e C i t y Co u n c i l ’ s r e q u e s t t h e a p p l i c a n t r e v i s e d t h e p r o p o s e d lo c a t i o n o f t h e a r t . On J u l y 2 , 2 0 0 3 , t h e A r t A d v i s o r y C o m m i t t e e r e v i e w e d t h e ne w p r o p o s e d l o c a t i o n o f t h e a r t w o r k a n d r e c o m m e n d e d ap p r o v a l ( 5 - 0 ) f o r t h e a r t w o r k t o b e l o c a t e d a t t h e N E c o r n e r of P G A B l v d a n d K e w G a r d e n s A v e n u e . Pr o p o s e d A r t L o c a t i o n St a f f ’ s R e c o m m e n d a t i o n St a f f r e c o m m e n d s a p p r o v a l o f Re s o l u t i o n 9 7 , 2 0 0 3 Re s o l u t i o n : 1 7 1 , 2 0 0 3 Re s o l u t i o n : 1 7 1 , 2 0 0 3 Lo c a l L a w E n f o r c e m e n t B l o c k G r a n t Lo c a l L a w E n f o r c e m e n t B l o c k G r a n t fo r T a s e r L e s s fo r T a s e r L e s s -- Le t h a l W e a p o n s Le t h a l W e a p o n s St e p h e n J . S t e p p St e p h e n J . S t e p p Ch i e f o f P o l i c e Ch i e f o f P o l i c e Ad v a n t a g e s Ad v a n t a g e s Ov e r 9 9 % f i e l d e f f e c t i v e n e s s r a t i n g Ov e r 9 9 % f i e l d e f f e c t i v e n e s s r a t i n g Su b d u e s r e s i s t i n g a n d c o m b a t i v e i n d i v i d u a l s Su b d u e s r e s i s t i n g a n d c o m b a t i v e i n d i v i d u a l s Re d u c e s e x c e s s i v e f o r c e l i a b i l i t y Re d u c e s e x c e s s i v e f o r c e l i a b i l i t y Re d u c e s s e r i o u s i n j u r y t o o f f e n d e r s Re d u c e s s e r i o u s i n j u r y t o o f f e n d e r s Re d u c e s i n j u r i e s t o p o l i c e o f f i c e r s a n d o t h e r s Re d u c e s i n j u r i e s t o p o l i c e o f f i c e r s a n d o t h e r s Pr o d u c e s i n s t a n t i n c a p a c i t a t i o n Pr o d u c e s i n s t a n t i n c a p a c i t a t i o n Re c o r d s Re c o r d s AL L AL L us e v i a c o m p u t e r d a t a p o r t us e v i a c o m p u t e r d a t a p o r t In f o r m a t i o n In f o r m a t i o n Us e s E l e c t r o Us e s E l e c t r o -- Mu s c u l a r D i s r u p t i o n ( E M D ) Mu s c u l a r D i s r u p t i o n ( E M D ) te c h n o l o g y c a u s i n g i n c a p a c i t a t i o n r e g a r d l e s s te c h n o l o g y c a u s i n g i n c a p a c i t a t i o n r e g a r d l e s s of m e n t a l f o c u s , t r a i n i n g , s i z e , o r d r u g u s e of m e n t a l f o c u s , t r a i n i n g , s i z e , o r d r u g u s e Ca u s e s o n l y m i n o r s k i n i r r i t a t i o n Ca u s e s o n l y m i n o r s k i n i r r i t a t i o n Cu r r e n t l y u s e d b y o v e r 1 0 0 F l o r i d a l a w Cu r r e n t l y u s e d b y o v e r 1 0 0 F l o r i d a l a w en f o r c e m e n t a g e n c i e s en f o r c e m e n t a g e n c i e s Ap p r o v e d b y t h e P a l m B e a c h C o u n t y Ap p r o v e d b y t h e P a l m B e a c h C o u n t y Cr i m i n a l J u s t i c e C o m m i s s i o n f o r u s e o f Cr i m i n a l J u s t i c e C o m m i s s i o n f o r u s e o f LL E B G f u n d s f o r 2 2 T a s e r s f o r p a t r o l LL E B G f u n d s f o r 2 2 T a s e r s f o r p a t r o l St a f f R e c o m m e n d a t i o n St a f f R e c o m m e n d a t i o n St a f f r e c o m m e n d s t h e a p p r o v a l o f a b u d g e t St a f f r e c o m m e n d s t h e a p p r o v a l o f a b u d g e t re v i s i o n s h o w i n g a r e v e n u e o f $ 1 9 , 3 4 2 a n d re v i s i o n s h o w i n g a r e v e n u e o f $ 1 9 , 3 4 2 a n d al l o w i n g f o r t h e u s e o f $ 2 , 4 5 9 . 4 9 i n m a t c h i n g al l o w i n g f o r t h e u s e o f $ 2 , 4 5 9 . 4 9 i n m a t c h i n g fu n d s f o r t h e L o c a l L a w E n f o r c e m e n t Block fu n d s f o r t h e L o c a l L a w E n f o r c e m e n t Block Gr a n t . T h i s w i l l b e u s e d t o p u r c h a s e 2 2 Gr a n t . T h i s w i l l b e u s e d t o p u r c h a s e 2 2 Ta s e r s f o r p a t r o l f r o m D G G T a s e r . Ta s e r s f o r p a t r o l f r o m D G G T a s e r . Ha r b o u r Ha r b o u r Oa k s D e v e l o p m e n t S i g n Oa k s D e v e l o p m e n t S i g n Ci t y C o u n c i l Ci t y C o u n c i l Oc t o b e r 2 , 2 0 0 3 Oc t o b e r 2 , 2 0 0 3 Re s o l u t i o n 1 6 9 , 2 0 0 3 Re s o l u t i o n 1 6 9 , 2 0 0 3 Ba c k g r o u n d Ba c k g r o u n d ►► Se p t . 3 , 1 9 9 8 C i t y C o u n c i l a p p r o v e d M a s t e r S i g n a g e P r o g r a m Se p t . 3 , 1 9 9 8 C i t y C o u n c i l a p p r o v e d M a s t e r S i g n a g e P r o g r a m fo r R e g i o n a l C e n t e r fo r R e g i o n a l C e n t e r ►► Re s o l u t i o n h a s b e e n a m e n d e d f i v e t i m e s s i n c e o r i g i n a l Re s o l u t i o n h a s b e e n a m e n d e d f i v e t i m e s s i n c e o r i g i n a l ap p r o v a l . ap p r o v a l . ►► Ci t y C o u n c i l a p p r o v e d M a s t e r S i g n a g e P r o g r a m f o r S a n Ci t y C o u n c i l a p p r o v e d M a s t e r S i g n a g e P r o g r a m f o r S a n Ma t e r a Ma t e r a th r o u g h R e s o l u t i o n 1 3 2 , 2 0 0 2 , i n c l u d e d a r e s i d e n t i a l th r o u g h R e s o l u t i o n 1 3 2 , 2 0 0 2 , i n c l u d e d a r e s i d e n t i a l si g n o n e a s t s i d e o f V a l e n c i a , m i d w a y b e t w e e n G a r d e n s si g n o n e a s t s i d e o f V a l e n c i a , m i d w a y b e t w e e n G a r d e n s Pa r k w a y a n d E d g e w a t e r D r i v e Pa r k w a y a n d E d g e w a t e r D r i v e ►► Ap p l i c a n t p r o p o s e s t o a m e n d p r e v i o u s l y a p p r o v e d s i g n Ap p l i c a n t p r o p o s e s t o a m e n d p r e v i o u s l y a p p r o v e d s i g n lo c a t i o n t o a l l o w f o r r e s i d e n t i a l d e v e l o p m e n t s i g n a t t h e lo c a t i o n t o a l l o w f o r r e s i d e n t i a l d e v e l o p m e n t s i g n a t t h e no r t h e a s t c o r n e r o f V a l e n c i a G a r d e n s A v e n u e a n d G a r d e n s no r t h e a s t c o r n e r o f V a l e n c i a G a r d e n s A v e n u e a n d G a r d e n s Pa r k w a y . Pa r k w a y . ►► Re s u l t o f r e c e n t Re s u l t o f r e c e n t Ha r b o u r Ha r b o u r Oa k s a p p r o v a l ( R e s o l u t i o n 5 0 , Oa k s a p p r o v a l ( R e s o l u t i o n 5 0 , 20 0 1 ) 20 0 1 ) Pr e v i o u s l y a p p r o v e d Pr e v i o u s l y a p p r o v e d lo c a t i o n lo c a t i o n Pr o p o s e d l o c a t i o n Pr o p o s e d l o c a t i o n Ap p r o v e d C o l o r Ap p r o v e d C o l o r –– Se d o n a C l a y Se d o n a C l a y Ex i s t i n g S i g n t o s h o w c o l o r ( S e d o n a C l a y ) Ex i s t i n g S i g n t o s h o w c o l o r ( S e d o n a C l a y ) an d m a t e r i a l s t h a t w e r e a p p r o v e d f o r an d m a t e r i a l s t h a t w e r e a p p r o v e d f o r Sa n Sa n Ma t e r a Ma t e r a Pr o p o s e d S i g n a g e w i t h C o l o r B a n d Pr o p o s e d S i g n a g e w i t h C o l o r B a n d “R o w H o u s e T a n ” “R o w H o u s e T a n ” St a f f R e c o m m e n d a t i o n St a f f R e c o m m e n d a t i o n St a f f r e c o m m e n d s a p p r o val o f R e s o l u t i o n 1 6 9 , 2 0 0 3 . St a f f r e c o m m e n d s a p p r o val o f R e s o l u t i o n 1 6 9 , 2 0 0 3 . Pr e v i o u s E x h i b i t Pr e v i o u s E x h i b i t –– Ma s t e r S i g n P l a n Ma s t e r S i g n P l a n Pr o p o s e d E x h i b i t Pr o p o s e d E x h i b i t –– Ma s t e r S i g n P l a n Ma s t e r S i g n P l a n PU B L I C H E A R I N G & PU B L I C H E A R I N G & CO N S I D E R A T I O N O F A P P R O V A L CO N S I D E R A T I O N O F A P P R O V A L RE S O L U T I O N 1 4 2 , 2 0 0 3 RE S O L U T I O N 1 4 2 , 2 0 0 3 FI R S T B A P T I S T C H U R C H FI R S T B A P T I S T C H U R C H OF P A L M B E A C H G A R D E N S OF P A L M B E A C H G A R D E N S TE M P O R A R Y C O N D I T I O N A L U S E TE M P O R A R Y C O N D I T I O N A L U S E MO D U L A R C L A S S R O O M A N D O F F I C E MO D U L A R C L A S S R O O M A N D O F F I C E TR A I L E R TR A I L E R LO C A T I O N LO C A T I O N Th e I s l e s Fi r s t B a p t i s t Ch u r c h S i t e Cabana Colony PBC Ga r d e n wa y Co n d o s P B C G a r d e n W o o d s Alternate A1A Mi r a F l o r e s Ap t s . Ga r d e n s P a r k w a y Do w n t o w n a t th e G a r d e n s FEC RR At l a n t i c Road PBC BA C K G R O U N D BA C K G R O U N D Ea r l y 1 9 6 0 s Ea r l y 1 9 6 0 s -- Fi r s t B a p t i s t C h u r c h c o n s t r u c t e d Fi r s t B a p t i s t C h u r c h c o n s t r u c t e d 19 7 8 19 7 8 -- P& Z C o m m i s s i o n g r a n t e d c o n d i t i o n a l z o n i n g P& Z C o m m i s s i o n g r a n t e d c o n d i t i o n a l z o n i n g us a g e s & p r i v a t e m i d d l e s c h o o l us a g e s & p r i v a t e m i d d l e s c h o o l Re s o l u t i o n 3 0 , 1 9 7 9 Re s o l u t i o n 3 0 , 1 9 7 9 -- on e on e -- ye a r t e m p o r a r y c o n d i t i o n a l ye a r t e m p o r a r y c o n d i t i o n a l us e f o r a m o b i l e c l a s s r o o m us e f o r a m o b i l e c l a s s r o o m Re s o l u t i o n 5 9 , 1 9 8 1 Re s o l u t i o n 5 9 , 1 9 8 1 -- on e on e -- ye a r t i m e e x t e n s i o n & o n e ye a r t i m e e x t e n s i o n & o n e ad d i t i o n a l m o b i l e b u i l d i n g ad d i t i o n a l m o b i l e b u i l d i n g 19 8 6 19 8 6 –– P& Z C o m m i s s i o n a p p r o v e d a 6 , 8 3 3 s . f . P& Z C o m m i s s i o n a p p r o v e d a 6 , 8 3 3 s . f . ex p a n s i o n t o t h e C h u r c h f o r a t o t a l o f 1 2 , 0 9 7 s . f . ex p a n s i o n t o t h e C h u r c h f o r a t o t a l o f 1 2 , 0 9 7 s . f . Ma y , 2 0 0 2 Ma y , 2 0 0 2 –– Ad m i n i s t r a t i v e a p p r o v a l f o r a t e m p o r a r y Ad m i n i s t r a t i v e a p p r o v a l f o r a t e m p o r a r y co n s t r u c t i o n c o m p o u n d a t r e a r o f p r o p e r t y f o r A l t . A 1 A co n s t r u c t i o n c o m p o u n d a t r e a r o f p r o p e r t y f o r A l t . A 1 A wi d e n i n g wi d e n i n g AP P L I C A N T ’ S R E Q U E S T AP P L I C A N T ’ S R E Q U E S T Re n a i s s a n c e L e a r n i n g Re n a i s s a n c e L e a r n i n g Ce n t e r r e q u e s t s a Ce n t e r r e q u e s t s a on e on e -- ye a r T e m p o r a r y ye a r T e m p o r a r y Co n d i t i o n a l U s e t o Co n d i t i o n a l U s e t o al l o w a 2 4 ’ x 4 0 ’ al l o w a 2 4 ’ x 4 0 ’ mo d u l a r c l a s s r o o m mo d u l a r c l a s s r o o m an d t o a l l o w a n an d t o a l l o w a n ex i s t i n g t e m p o r a r y 6 0 ’ ex i s t i n g t e m p o r a r y 6 0 ’ x 1 2 ’ o f f i c e t r a i l e r t o x 1 2 ’ o f f i c e t r a i l e r t o re m a i n re m a i n FU T U R E L A N D U S E - RL ZO N I N G - RL3 / CU PA R K I N G – Required : 47 spaces Provided: 58 spaces 30 ” C o c o - plu m h e d g e 24 ’ X 4 0 ’ MO D U L A R (2 0 - f o o t se t b a c k ) 60 ’ X 1 2 ’ T RAI L E R Dr o p - o f f / Pi c k - u p ar e a SITE OF MODULAR CL A S S R O O M AN D T R A I L E R PL A N N I N G & Z O N I N G PL A N N I N G & Z O N I N G CO M M I S S I O N R E C O M M E N D A T I O N CO M M I S S I O N R E C O M M E N D A T I O N On S e p t e m b e r 9 , 2 0 0 3 , t h e P l a n n i n g a n d On S e p t e m b e r 9 , 2 0 0 3 , t h e P l a n n i n g a n d Zo n i n g C o m m i s s i o n v o t e d ( 7 Zo n i n g C o m m i s s i o n v o t e d ( 7 -- 0) to 0) to re c o m m e n d a p p r o v a l t o t h e C i t y C o u n c i l re c o m m e n d a p p r o v a l t o t h e C i t y C o u n c i l as s u b m i t t e d a n d r e c o m m e n d e d b y s t a f f . as s u b m i t t e d a n d r e c o m m e n d e d b y s t a f f . ST A F F R E C O M M E N D A T I O N ST A F F R E C O M M E N D A T I O N Pr e v i o u s l y a p p r o v e d c l a s s r o o m Pr e v i o u s l y a p p r o v e d c l a s s r o o m modularsmodulars in c l u d e : S t . M a r k ’ s E p i s c o p a l C h u r c h , in c l u d e : S t . M a r k ’ s E p i s c o p a l C h u r c h , Ch r i s t F e l l o w s h i p C h u r c h , a n d C h u r c h i n Ch r i s t F e l l o w s h i p C h u r c h , a n d C h u r c h i n th e G a r d e n s th e G a r d e n s St a f f r e c o m m e n d s a p p r o v a l o f R e s o l u t i o n St a f f r e c o m m e n d s a p p r o v a l o f R e s o l u t i o n 14 2 , 2 0 0 3 w i t h 7 c o n d i t i o n s o u t l i n e d i n t h e 14 2 , 2 0 0 3 w i t h 7 c o n d i t i o n s o u t l i n e d i n t h e st a f f r e p o r t . st a f f r e p o r t . PR O P 0 S E D 24 ’ X 4 0 ’ M O D U L A R Co n d i t i o n s Co n d i t i o n s 1. 1. A 3 0 A 3 0 -- in ch in ch co c o p l u m co c o p l u m he d g e s h a l l b e p l an t e d n o t m o r e t h a n 2 4 i n c h e s o n he d g e s h a l l b e p l an t e d n o t m o r e t h a n 2 4 i n c h e s o n ce n t e r a l o n g t h e f e n c e w h e r e i t i s a d j a c e n t t o A t l a n t i c R o a d a n d ce n t e r a l o n g t h e f e n c e w h e r e i t i s a d j a c e n t t o A t l a n t i c R o a d a n d west of west of th e m o d u l a r c l a s s r o o m p r i o r t o C e rt i f i c a t e o f O c c upa n c y . ( C ity th e m o d u l a r c l a s s r o o m p r i o r t o C e rt i f i c a t e o f O c c upa n c y . ( C ity Forester)Forester) 2. 2. Pr i o r t o t h e i s s u a n c e o f C e r t i f i c a t e o f O c c u p a n c y , t h e m o d u l a r c Pr i o r t o t h e i s s u a n c e o f C e r t i f i c a t e o f O c c u p a n c y , t h e m o d u l a r c lassroom lassroom an d t h e c o n s t r u c t i o n t r a i l e r s h a ll c o m p l y w i t h a l l b u i l d i n g c o d e an d t h e c o n s t r u c t i o n t r a i l e r s h a ll c o m p l y w i t h a l l b u i l d i n g c o d e s, and s, and bu i l d i n g p e r m i t s s h a l l b e o b t a i n e d f o r b o t h . ( D e v e l o p m e n t C o m p l bu i l d i n g p e r m i t s s h a l l b e o b t a i n e d f o r b o t h . ( D e v e l o p m e n t C o m p l iance, iance, Bu i l d i n g) Bu i l d i n g) 3. 3. Th e m o d u l a r c l a s s r o o m a n d t h e c o n s tr u c t i o n t r a i l e r s h a l l b e i n s p Th e m o d u l a r c l a s s r o o m a n d t h e c o n s tr u c t i o n t r a i l e r s h a l l b e i n s p ected ected an d a p pr o ved b y F i r e R e s c u e p r i o r t o t h e i s s u a n c e o f C e r t i f i c a t e an d a p pr o ved b y F i r e R e s c u e p r i o r t o t h e i s s u a n c e o f C e r t i f i c a t e of of Oc c u p a n c y . ( F i r e R e s c u e ) Oc c u p a n c y . ( F i r e R e s c u e ) 4. 4. Ou t s i d e b u i l d i n g l i g h t i n g s h a l l b e n o n Ou t s i d e b u i l d i n g l i g h t i n g s h a l l b e n o n -- gl a r e a n d s h a l l n o t c o n f l i c t with any gl a r e a n d s h a l l n o t c o n f l i c t with any la n d s c a p i n g . ( P o l i c e D e p a r t m e n t ) la n d s c a p i n g . ( P o l i c e D e p a r t m e n t ) 5. 5. Th i s C ond i t i o n al U s e s h a l l n o t b e p e r m i t t e d f o r a p e r i o d l o n g e r Th i s C ond i t i o n al U s e s h a l l n o t b e p e r m i t t e d f o r a p e r i o d l o n g e r than one than one (1 ) y e a r f r o m t h e d a t e o f C i t y Co u n c i l a p p r o v a l . ( P l a n n i n g a n d (1 ) y e a r f r o m t h e d a t e o f C i t y Co u n c i l a p p r o v a l . ( P l a n n i n g a n d Zoning)Zoning) 6. 6. Pr i o r t o i s s u a n c e o f C ert i f i c a t e o f O c cu p a n c y , t h e a p p l i c a n t s h a Pr i o r t o i s s u a n c e o f C ert i f i c a t e o f O c cu p a n c y , t h e a p p l i c a n t s h a ll provide a ll provide a pl a n t o b e r e v i e w e d a n d a p p r o v e d b y t h e C i t y E n g i n e e r s h o w i n g pl a n t o b e r e v i e w e d a n d a p p r o v e d b y t h e C i t y E n g i n e e r s h o w i n g pe d e s t r i a n a c c e s s f r om t h e e x i s t i n g C h u r ch f a c i l i t i e s t o t h e p r o pe d e s t r i a n a c c e s s f r om t h e e x i s t i n g C h u r ch f a c i l i t i e s t o t h e p r o posed posed cl a s s r o o m a n d t h e p a r k i n g a r e a . A h a n d i c a p r a m p s h a l l b e c o n s t r cl a s s r o o m a n d t h e p a r k i n g a r e a . A h a n d i c a p r a m p s h a l l b e c o n s t r ucted ucted ov e r a n y c u r b i ng a t t h e p e d est r i a n a c c e s s l o c a t i o n . ( C i t y E n g i n ov e r a n y c u r b i ng a t t h e p e d est r i a n a c c e s s l o c a t i o n . ( C i t y E n g i n eer)eer) 7. 7. Pr i o r t o i s s u a n c e o f C ert i f i c a t e o f O c cu p a n c y , t h e a p p l i c a n t s h a Pr i o r t o i s s u a n c e o f C ert i f i c a t e o f O c cu p a n c y , t h e a p p l i c a n t s h a ll provide a ll provide a pl a n , t o b e r e v i e w e d a n d a p p r o v e d b y t h e C i t y E n g i n e e r , s h o w i n g pl a n , t o b e r e v i e w e d a n d a p p r o v e d b y t h e C i t y E n g i n e e r , s h o w i n g that that th e p i c k th e p i c k -- up a n d d r o p up a n d d r o p -- of f r e q u i r e m e n t s a r e s a t i s f i e d . ( C i t y Engineer) of f r e q u i r e m e n t s a r e s a t i s f i e d . ( C i t y Engineer) Modular Tr a i l e r FU T U R E L A N D U S E FU T U R E L A N D U S E -- Re s i d e n t i a l L o w (R L ) Re s i d e n t i a l L o w (R L ) ZONI NG ZONI NG -- Re s i d e n t i a l L o w 3 ( R L 3 ) / C o n d i t i o n a l U s e ( C U ) O v e r l a y Re s i d e n t i a l L o w 3 ( R L 3 ) / C o n d i t i o n a l U s e ( C U ) O v e r l a y PA R K I N G PA R K I N G -- Or i g i n a l S i t e P l a n : 4 0 s p a c e s re q u i r e d 5 8 s p a c e s p r o v i Or i g i n a l S i t e P l a n : 4 0 s p a c e s re q u i r e d 5 8 s p a c e s p r o v i dedded Modula r & T r a i l e r : 7 s p a c e s r e q u i r e d Modula r & T r a i l e r : 7 s p a c e s r e q u i r e d UP D A T E T O L A K E C A T H E R I N E UP D A T E T O L A K E C A T H E R I N E CO M B I N A T I O N R E S T R O O M / P A V I L I O N CO M B I N A T I O N R E S T R O O M / P A V I L I O N Re s o l u t i o n 1 6 1 , 2 0 0 3 Re s o l u t i o n 1 6 1 , 2 0 0 3 De s i g n / B u i l d C o n t r a c t A w a r d De s i g n / B u i l d C o n t r a c t A w a r d to W e s t C o n s t r u c t i o n , I n c . to W e s t C o n s t r u c t i o n , I n c . PR O J E C T L O C A T I O N Ma c A r t h ur B l v d . La k e C a t h e r i n e S p o r t s La k e C a t h e r i n e S p o r t s Co m p l e x Co m p l e x Or i g i n a l D e s i g n f o r L a k e Or i g i n a l D e s i g n f o r L a k e Ca t h e r i n e R e s t r o o m / P a v i l i o n Ca t h e r i n e R e s t r o o m / P a v i l i o n Up g r a d e d D e s i g n f o r L a k e Up g r a d e d D e s i g n f o r L a k e Ca t h e r i n e R e s t r o o m / P a v i l i o n Ca t h e r i n e R e s t r o o m / P a v i l i o n La k e C a t h e r i n e R e s t r o o m La k e C a t h e r i n e R e s t r o o m -- PavilionPavilion Ad d i t i o n a l C o s t Ad d i t i o n a l C o s t -- La k e C a t h e r i n e r e s t r o o m o r i g i n a l La k e C a t h e r i n e r e s t r o o m o r i g i n a l de s i g n / c o n s t r u c t i o n c o s t de s i g n / c o n s t r u c t i o n c o s t $99,418.$99,418. -- La k e C a t h e r i n e R e s t r o o m e x p a n d e d La k e C a t h e r i n e R e s t r o o m e x p a n d e d de s i g n / c o n s t r u c t i o n c o s t de s i g n / c o n s t r u c t i o n c o s t $128,000.$128,000. Ad d i t i o n a l c o s t f o r e x p a n d e d f a c i l i t i e s Ad d i t i o n a l c o s t f o r e x p a n d e d f a c i l i t i e s $28,500.$28,500. St a f f t o p r o c e e d w i t h i n c r e a s e i n St a f f t o p r o c e e d w i t h i n c r e a s e i n sc o p e o f s e r v i c e s w i t h W e s t sc o p e o f s e r v i c e s w i t h W e s t Co n s t r u c t i o n , I n c . Co n s t r u c t i o n , I n c . Re s o l u t i o n 1 9 1 , 2 0 0 3 Re s o l u t i o n 1 9 1 , 2 0 0 3 Li c e n s e a g r e e m e n t b e t w e e n t h e C i t y o f Li c e n s e a g r e e m e n t b e t w e e n t h e C i t y o f Pa l m B e a c h G a r d e n s a n d W G M i l l s , I n c . Pa l m B e a c h G a r d e n s a n d W G M i l l s , I n c . fo r t h e l e a s e o f a p p r o x i m a t e l y 1 0 , 0 0 0 fo r t h e l e a s e o f a p p r o x i m a t e l y 1 0 , 0 0 0 sq u a r e f e e t o f t h e n o r t h p o r t i o n o f t h e L a k e sq u a r e f e e t o f t h e n o r t h p o r t i o n o f t h e L a k e Ca t h e r i n e S p o r t s C o m p l e x f o r a p e r i o d n o t Ca t h e r i n e S p o r t s C o m p l e x f o r a p e r i o d n o t to e x c e e d t w o y e a r s . to e x c e e d t w o y e a r s . Su b j e c t A r e a 30 F e e t X 3 3 3 F e e t Re q u i r e m e n t s o f A g r e e m e n t Re q u i r e m e n t s o f A g r e e m e n t WG M i l l s s h a l l i n s t a l l a s i x f oo t hi g h c h a i n l i n k f e n c e w i t h w i n WG M i l l s s h a l l i n s t a l l a s i x f oo t hi g h c h a i n l i n k f e n c e w i t h w i n d screen d screen to s e c u r e t h e p r e m i s e s a t a l l t i m e s . to s e c u r e t h e p r e m i s e s a t a l l t i m e s . WG M i l l s t o p r o v i d e p o s it i v e d r a i n a g e f o r M c A r t h u r B o u l e v a r d s w a WG M i l l s t o p r o v i d e p o s it i v e d r a i n a g e f o r M c A r t h u r B o u l e v a r d s w a lesles WG M i l l s s h a l l c o n s t r u c t t h e n o r t h b o u n d b u s t u r n l a n e f r o m s c h o WG M i l l s s h a l l c o n s t r u c t t h e n o r t h b o u n d b u s t u r n l a n e f r o m s c h o ol ol si t e o n t o M c A r t h u r B l v d . si t e o n t o M c A r t h u r B l v d . WG M i l l s s h a l l i n s t a l l a l a n d sc a p e b u f f e r b e t w e e n t h e L a k e C a t h e WG M i l l s s h a l l i n s t a l l a l a n d sc a p e b u f f e r b e t w e e n t h e L a k e C a t h e rine rine Sp o r t s C o m p l e x a n d t h e N e w H . L . W a t k i n s M i d d l e S c h o o l i n c l u d i n g Sp o r t s C o m p l e x a n d t h e N e w H . L . W a t k i n s M i d d l e S c h o o l i n c l u d i n g ir r i g a t i o n . ir r i g a t i o n . WG M i l l s s h a l l k e e p M c A r t h u r B ou l e v a r d f r e e o f c o n s t r u c t i o n d e b r WG M i l l s s h a l l k e e p M c A r t h u r B ou l e v a r d f r e e o f c o n s t r u c t i o n d e b r isis Be n e f i t s f o r t h e C i t y Be n e f i t s f o r t h e C i t y Ac t a s g o o d n e i g h b o r . Ac t a s g o o d n e i g h b o r . Ex p e d i t e c o n s t r u c t i o n o f t h e M i d d l e S c h o o l . Ex p e d i t e c o n s t r u c t i o n o f t h e M i d d l e S c h o o l . Ne w l a n d s c a p e b u f f e r b e t w e e n L a k e C a t h e r i n e Ne w l a n d s c a p e b u f f e r b e t w e e n L a k e C a t h e r i n e Sp o r t s C o m p l e x a n d t h e n e w M i d d l e S c h o o l . Sp o r t s C o m p l e x a n d t h e n e w M i d d l e S c h o o l . St a f f R e c o m m e n d a t i o n St a f f R e c o m m e n d a t i o n Ap p r o v a l o f R e s o l u t i o n 1 9 1 , 2 0 0 3 Ap p r o v a l o f R e s o l u t i o n 1 9 1 , 2 0 0 3 From: Sent: To: Subject: Michelle Rogers Monday, September 29,2003 3:24 PM Patty Snider FW: Follow-up Phone Call Patty, The Mayor was going to bring this up at the last council meeting but never did. Do you know if he still has an interest in doing this? Michelle ---original Message---- Ran: Janice We sent: To: KathrvnQuesada cc Sub- RE: Follow-up Phone call Eileen: After you spoke with Louis Lahr, she called again for Ron. I was informed of the call, and because of the message, which appeared to be Gardens United related, I returned her call. She is not interested in volunteering or establishing a fund-raiser for the tornado victims. Her request is of the City of Palm Beach Gardens. She wanted to know if the City would be willing to follow the City of Lake Worth's example and donate money to the tornado victims. (I am sure you saw on the news that Mayor Romano, on behalf of the City of Lake Worth, donated $3,500 to the City of Riviera Beach.) Ms. Lahr asked me to pass along her request to our City Manager. Monday, September 29,2003 3:lO PM Eileen stephenson; Michelle Rogers; Ron Ferris By copy of this email, I am informing Michelle and Ron (as well as you) of Mrs. Lahr's request. ----original Message-- ham: Kathryn- subjsct: Fw: Follow-up Phone cat1 FYl...from Kathryn sent: To: Janice Massie Monday, September 29,2003 1:50 PM mt+ Qr(w(ulb Administrative Sped2 III Administmtion Department Bh: (561) 799-4110 !Fq (561) 799-4111 E-maiE ~g~adh@p6dcorn <mailto: ~guesadiz@p6~com > -----Original Message----- From: Michelle Rogers Serrt: Monday, September 29,2003 1:32 PM To: Kathryn Quesada Subject: MI: FOIIOW-UP Phone Call FYI -----Original Mesage--- FrOm: Eileen Stephenson Sent: To: Michelle Rogers Wednesday, September 24,2003 1O:Ol AM 1 CITY OF PALM BEACH GARDENS MEMORANDUM Mayor and City Council Ron Ferris, City Mana e TO: DATE: October 1,2003 THROUGH: Jack Doughney, Community Services FROM: Angela Wong, Project Manager SUBJECT: PGA Flyover Construction Traffic City staff met with Mark Sieganthaler, FDOT’s construction manager, on September 5, 2003 to discuss the PGA Flyover maintenance of traffic (MOT) plan after receiving a complaint regarding the traffic situation. Since the area includes various intersections in such a short distance, there are only a few changes that could be made. FDOT agreed to install a second variable message board (VMB) be placed eastbound just after Military Trail to forewarn motorists that the speed limit was reduced to 35 mph within the construction zone. In addition, FDOT will be doubling the reflector rows and thickening the pavement striping between the westbound thru lane and 195 westbound exit ramp. The traffic will be switched onto the newly constructed eastbound bridge in approximately one month, which will also cause less confusion since the winding pattern will no longer be an issue. On September 23rd, the City received a disturbing letter from a motorist, Ms. Lora Vaughan, who was traveling through the construction zone on AIA, a copy of which is attached. Ms. Vaughan was involved in an accident that was attributed to the lack of barricades along the roadway to assist motorists in identifying the medians. In response to her complaint, the City’s Police Department reviewed the traffic accident statistics within the construction zone. The analysis revealed that 44 accidents have occurred during evening hours this year in the construction area located on Alternate AIA between Florida Blvd. and RCA Blvd. After further review, Lt. Glenn Brown found that 11 of the 44 accidents involved a vehicle striking either the median at Kyoto Gardens Drive or the barricades alongside AI A. The following recommendations were made to FDOT: 1) place more lighted barricades around the median at Kyoto Gardens, and 2) place a message board on the southbound side of AlA just south of Gardens Parkway to alert drivers of the road shift. FDOT agreed to both recommendations. Officer Woods will be monitoring the area during evening hours to provide continued oversight. If you have any questions or comments regarding this matter, please feel free to contact me at (561) 799-4127. Thank you. AWIaw Attachment RECEIVED CITY MANAGERS OFFICE Lora Vaughan 11404 Myrtle Oak Court Palm Beach Gardens, FL 33410 561-6254169 September 19, 2003 Mr. Ron Ferris City Manager, City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410-4698 Re: Road Construction Related Accidents Dear Mr. Ferris, I am writing this letter in reference to an accident which occurred on Thursday night, September 1 1, 2003 at 10:OOpm. This accident took place in the midst of all the road construction on Alternate A1A and PGA Blvd. The purpose of my letter is not to complain about the road construction as I understand that progress and changes need to be made for future growth, but I do need to point out the potentially hazardous situation that lies among this chaos. I was traveling southbound on Alternate AlA when suddenly I hit the median at the end of the turn lane at Kyoto Gardens Drive. My car hit the median curb directly and then skidded approximately 30 yards before coming to a complete halt after I regained control from the impact. Needless to say, I was quite distraught and shaken after this occurred. Luckily for me, a gentleman traveling in the lane next to me witnessed the accident and stopped at the same time to help me. He attempted to move my car out of the flow of oncoming traffic, but this was not possible due to the amount of damage which had occurred to the car. Luckily for me I did not sustain any major physical injury to myself other than a mild concussion from hitting my head. I called 91 1 and reported the accident and also called AAA to summon a flatbed tow truck. Now herein lies the heart of the matter. There were barricades located on both sides of the road, HOWEVER ... nearly all of the barricade blinkers were NOT functioning!!! The road was not clearly marked and the barricades were rendered useless. The gentleman that stopped with me even attempted to put a barricade behind my vehicle to alert the oncoming traffic of the accident scene but it was useless since the blinker was nonfunctioning. This is a very serious situation that I feel was largely responsible for my inability to travel safely and see dearly along this stretch of roadway under construction. I am aware that Bobs Barricades appears to have the monopoly when it comes to barricades being used throughout the county, but I feel they were totally negligent in maintaining them in safe working manner. The police officer stated to me that the man from the barricade company comes out after midnight to change the batteries in the blinkers so that they are functioning properly again. Well, that certainly didn't do me any good since my accident occurred at 10pm at night and the bamcade blinkers were already dead. Both the Palm Beach Gardens Police Officer Gary Carmack and the tow truck driver by the name of Tony stated to me 'You're not the first person this has happened to and you won't be the last. We get 2-3 wrecks a week through this area." This clearly points out to me that this is a potentially dangerous situation which needs immediate attention before someone is seriously injured or dies as a result of this negligence. - I have filed a police report with Officer Gary Carmack and this report number is #01797538. However, it does not state the condition of the surrounding area in regards to the bamcades not functioning appropriately. I do have a witness by the name of Gary Pior who was the gentlemar, that was kind enxgh to help me and s%y with me until the amval of the police and the tow tmck. The accident occurred at lOpm and the officer and tow truck arrived at 10:25pm and 10:27 respectively. It is certainly refreshing to know there are still Good Samaritans in our society and I feel fortunate to have had his help. In summary, I wanted to bring this matter to your attention before any other accidents occur which may be much worse than mine. I am fortunate that I was not seriously injured and understand that a car is just a "material thing." It has been an inconvenience in my normal routine and hopefully the car can be repaired or replaced. I am a Registered Nurse working at Good Samaritan Medical Center and I am always consciously looking for ways to improve and to protect the health and wellbeing of others. Please do not take this letter lightly. I realize there is a long road of construction ahead of us as our city develops with growth and expansion. Take heed now to prevent any further serious consequences. Sincerely, 2.praB)w- Lora S. Vaughan cc: cc: cc: cc: cc: cc: cc: cc: cc: cc: cc: cc: Carl Sabatello, Vice Mayor David Clark, Councilmember Joseph Russo, Councilmember Annie Mane Delgado, Councilmember Ron Ferris, City Manager Sheryi Stewart, Assistant to the City Manager Christine Tatum, City Attorney Allan Owens, Finance Administrator Stephen Stepp, Police Chiif Gary Prior, Whess to the accident State Farm Insurance Company, Claim #59Y525636 Bobs Barricades Inc.