HomeMy WebLinkAboutAgenda Council Agenda 030206
City of Palm Beach Gardens
Council Agenda
March 2, 2006
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 2, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. School Board – presentation on the re-construction, increase in population,
concurrency and optimum size of Palm Beach Gardens High School.
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 6) Approve Minutes from the February 2, 2006 Regular City Council
meeting.
b. (Staff Report on Page 11, Resolution on Page 15) Resolution 24, 2006 –
Approve a Work Authorization and Notice to Proceed to Landscape Service
Professionals, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a Work Authorization and Notice to Proceed to
Landscaping Service Professionals, Inc. based on its annual landscaping and
irrigation contract dated September 15, 2005, for median improvements along
Military Trail from I-95 to EPB-3C Canal; and providing an effective date.
c. (Page 19) Quarterly Financial Report for the period ending December 31, 2005.
d. (Page 71) Proclamation – March as Woman’s History Month
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 72, Resolution on Page 79) Resolution 14, 2006 -
Amendment to the Midtown Planned Unit Development (PUD) F.K.A. the
Borland Center. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida amending Resolution 92, 2004, which approved the Midtown
(F.K.A. the Borland Center) Planned Unit Development (PUD), located on the
North side of PGA Boulevard between Gardens Square Boulevard and Shady
Lakes Drive, as described more particularly herein, to modify certain conditions
of approval, including the timing for the installation of landscape buffers and
traffic signals; and providing an effective date.
b. (Staff Report on Page 159, Ordinance on Page 172, Resolution on Page 178)
Ordinance 9, 2006 – (2nd reading and adoption) Amending the development order
of the Northcorp Planned Community Development (PCD). An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending Ordinance 1,
1990 relating to the Northcorp Planned Community Development (PCD) and
Planned Unit Development (PUD); transferring the conditions of approval of the
Northcorp PCD and PUD to Resolution 19, 2006; and providing an effective date.
Resolution 19, 2006 is a companion item to Ordinance 9, 2006 and
will require Council action.
Resolution 19, 2006 – Amendment to the 107-acre Northcorp Planned
Community Development (PCD). A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving an amendment to the 103-acre Northcorp
Planned Community Development (PCD), generally located North of Burns
Road, South of PGA Boulevard, East of Interstate 95, and West of Alternate A1A,
as more particularly described herein, to modify certain conditions of approval;
and providing an effective date.
Resolution 20, 2006 is a companion item to Ordinance 9, 2006 and
will require Council action.
(Staff Report on Page 192, Resolution on Page 209) Resolution 20, 2006 -
Approving a site plan amendment to the Anspach project. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a site plan
amendment to the Anspach project at the Northcorp Planned Community
Development (PCD), to allow an additional 16,275 square feet of office use and
32,666 square feet of light industrial use, located on the 7.0-acre site which
comprises Lot 1 of the South Park Center and Lot 2 of the West Park Center in
the Northcorp Planned Community Development (PCD), generally located at the
Southwest corner of the intersection of Riverside Drive and Northcorp Parkway,
as more particularly described herein; providing for waivers; providing for
conditions of approval; and providing an effective date.
c. (Staff Report on Page 239, Ordinance on Page 248, Resolution on Page 252)
Ordinance 10, 2006 – (1st reading) Application for abandonment of a portion of
Fairview Lane. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida approving an application for the abandonment of the 40’ wide
by 161’ long, North/South portion of Fairview Lane (also known as Fairway
Lane), generally located at the Southwest corner of PGA Boulevard and the
Florida Turnpike within the PGA National Resort Planned Community
Development (PCD); and providing an effective date.
Resolution 23 2006 is a companion item to Ordinance 10, 2006 and
will require Council action at 2nd reading.
Resolution 23, 2006 – Site Plan Amendment. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving a site plan amendment for
Gardens Home Management Services located within the PGA National Planned
Community Development (PCD) located at the Southwest corner of PGA
Boulevard and the Florida Turnpike, as more particularly described herein, to
allow the conversion of a 4,486 square-foot former fire station to a professional
office; providing waivers; providing conditions of approval; and providing an
effective date.
d. (Page 290) Resolution 26, 2006 - RCA Center PUD – Revisions to Approved
Development Plans. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving an amendment to the Master Development Plan for
the approximately 30-acre RCA Center Planned Unit Development (PUD)
(A.K.A. “Parcel 5B”), approved by way of Resolution 216, 2004, generally
bounded by the PGA Flyover to the North, the Florida East Coast (FEC) Railway
to the East, the Gardens Station PUD to the South, and RCA Boulevard to the
West, as more particularly described herein, to modify certain conditions of
approval and to allow: a reallocation of square footage between certain buildings
on site; revised footprints and elevations of certain buildings; addition of a
parking structure; and other minor changes to the site and landscape plans;
providing additional waivers; providing additional conditions of approval; and
providing an effective date.
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
a. (Staff Report on Page 291, Resolution on Page 294) Resolution 18, 2006 -
Purchase award for thirty six vehicles and seven motorcycles. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida awarding contracts for
the purchase of thirty-six vehicles to Don Reid Ford, Duval Ford, Maroone
Dodge, and Maroone Chevrolet, and for the purchase of seven Police motorcycles
to Fort Lauderdale Harley-Davidson via an existing contract with the Florida
Sheriff’s Association, Contract No. 05-13-0822; and providing an effective date.
XI ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
February 2, 2006
The February 2, 2006 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy,
Councilmember Valeche, and Councilmember Barnett. Scout Troop 150 and Bradley Barton,
who is going for his Eagle Scout, were welcomed by Mayor Russo.
ADDITIONS, DELETIONS, MODIFICATIONS:
Vice Mayor Jablin moved addition under the Consent Agenda of Resolution 25, 2006.
Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Presentation to retired police K-9 Cabal - Mayor Russo announced that a Police Officer had
requested to assume ownership of K-9 Cabal upon his retirement. K-9 Cabal began his
service in 1999, was trained to detect explosives, and had performed in excess of 450
searches for bombs; however, due to deteriorating health was now unable to continue to
perform his duties.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett advised that Hank DuFour and she had attended the task force for
the transportation initiative. The immediate need identified at the meeting was for some type
of trolley system working between Downtown at the Gardens and Gardens Mall. One or two
trolleys were planned initially. Councilmember Barnett advised that she would keep the City
Council advised of the work of this task force. Councilmember Levy reported he had
attended the Loxahatchee River Management Coordinating Council, which had toured the
Pine Glade Natural Area, which was being restored by the County. Councilmember Levy
showed slides of the Natural Area, and provided a report of the meeting that followed.
Councilmember Levy encouraged everyone to attend Step Up Florida on February 14.
Councilmember Valeche reported he had attended an inspiring presentation at the Covenant
Center by the Mayor from a town on the West Bank. Vice Mayor Jablin thanked
Frenchman’s Creek for sponsoring a free concert series. Mayor Jablin thanked Betty Marks
for the Sandhill Crane Sculpture which was to be installed at Sandhill Crane Park. Mayor
Russo reported attending many meetings related to Scripps and that he was going to meet
with Governor Bush in Tallahassee the next day. Mayor Russo urged attendance at the
February 14 meeting of the County Commission. Discussion ensued regarding directing staff
to look at ways to protect a biotech overlay on 70 acres of the Briger site. The Council
agreed to have the City Manager speak with Casey Steinbacher of the Chamber of
Commerce regarding the City’s participation in the Countywide Housing Consortium, which
might be beneficial in the City’s quest for affordable workforce housing.
CITY MANAGER REPORT:
The City Manager reported solutions were being considered to the concerns expressed in a
letter by a resident over the sidewalk being interrupted by The Borland Center construction.
Mayor Russo requested that staff look at ways to help homeowners’ associations replace
signs damaged in the hurricanes.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/2/06
2
COMMENTS FROM THE PUBLIC:
Vito DeFrancesco, Shady Lakes, commented The Commons still had their holiday lights up,
and they had been up more than four months, in violation of City code, and he believed
favors had been given, and he wanted the law followed. Mr. Wu responded no favors had
been given to this developer, and 90 days were allowed per calendar year. They planned to
take the lights down around February 10, and so would have used one month and ten days of
the time allowed for this year. Eileen Tucker, Shady Lakes, commented the police
department was marvelous; commented she did not understand why a certified mail letter for
this meeting was delivered to her later than to the other people in her area; and asked why
Councilmember Levy had not made the same kind of presentation for Borland that he had
made tonight on the Pine Glade Natural Area. Paul Auerbach commented on a certified letter
he received from the City that a certain item would be on the agenda tonight, but it was not
on the agenda; also, a year or more after the plan had been approved for Borland he believed
they should have to stop construction if they did not comply. Mr. Wu responded this project
had applied for extension of the buffers which made it quasi judicial, and it could not be
discussed tonight because the applicant was not present. The quasi judicial hearing would be
heard before the Planning Zoning and Appeals Commission—there had been an error in
posting and therefore the hearing and the agenda item for tonight had had to be cancelled.
Mr. Wu explained the notification process. The City Manager explained there would be no
building permits or inspections allowed as of Saturday but that would not stop all
construction. The applicant planned to appear before City Council on March 2.
CONSENT AGENDA:
Vice Mayor Jablin moved approval of the consent agenda. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following
items were approved on the consent agenda:
a. Approve Minutes from the January 5, 2006 regular City Council meeting.
b. Approve Minutes from the January 12, 2006 special City Council meeting.
c. Resolution 15, 2006 - Interlocal Agreement with Palm Beach County. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an Interlocal Agreement with Palm Beach County to effectuate the
exchange of land and Geographic Information System (GIS) data;
authorizing the Mayor and City Clerk to execute such Interlocal Agreement;
and providing an effective date.
d. Proclamation – Step up Florida Day.
e. Resolution 25, 2006 - Amending Resolution 184, 2005 approved and adopted
on December 15, 2005 – Redecoration of an emergency waiving of
competitive bid requirements, and authoring the City Manager to contract for
repairs, debris clearing and hauling, and other services, by increasing the
amount not to exceed $700,000 due to damages incurred during Hurricane
Wilma.
PUBLIC HEARINGS:
Part II – Non-Quasi-judicial
Ordinance 1, 2006 – (2nd reading and adoption) Expedited Development Review Program for
Economic Development Projects. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida relating to an Expedited Development Review Program for
Economic Development Projects; creating a new Section 78-57, Code of Ordinances, to be
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/2/06
3
entitled “Targeted Expedited Permitting Program”; providing for codification; and providing
an effective date. Mayor Russo declared the public hearing open. The City Clerk read
Ordinance 1, 2006 on second reading by title only. Staff reported there had been no changes
since the last presentation. Hearing no comments from the public, Mayor Russo declared the
public hearing closed. Vice Mayor Jablin moved to adopt Ordinance 1, 2006 on second
reading by title only. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
RESOLUTIONS:
Resolution 5, 2006 - Approve a contract award to Construction Technology, Inc., for the
construction of the Sandhill Crane Access Park. A Resolution of the City Council of the City
of Palm Beach Gardens, Florida awarding a contract to Construction Technology, Inc. for
the design and construction of Sandhill Crane Access Park and all related appurtenances;
authorizing the City Manager to take all actions necessary to complete the project in a timely
manner; and providing an effective date. Todd Engle, Construction Services, presented the
staff report. Vice Mayor Jablin moved to approve Resolution 5, 2006. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
ORDINANCES:
Ordinance 8, 2006 - Amending Article III of the City of Palm Beach Gardens Code of
Ordinances, Entitled Police Officers’ Retirement Trust Fund. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida relating to the Police Officers’
Retirement Trust Fund; amending Section 50-116, Code of Ordinances, entitled “Normal
Retirement”; amending Section 50-135, Code of Ordinances, entitled “Annual Adjustments”;
amending Section 50-136, Code of Ordinances, entitled “Monthly Supplemental Benefits”;
providing for codification; and providing an effective date. The City Clerk read Ordinance 8,
2006 by title only on first reading. Allan Owens, Finance Director, presented the staff report,
which recommended denial of Ordinance 8, 2006. Bob O’Dell from Palm Beach County
PBA discussed how the proposed enhancement could enhance quality of life. Martin
Greenberg reported he had been a Police Department employee for over 20 years and the
enhancement could allow employee families to stay here after retirement. Wayne Sidey
commented he had been on the Police department over 20 years also, and asked that this
proposal be considered very seriously. Jay Spencer provided a history of the pension plan
and asked for consideration of this request. Attorney Bonni Jensen, Counsel for the Pension
Plan, answered questions. Councilmember Valeche indicated he would like a comparison
with multipliers for other cities, and looking at all the other pension plans within the city,
and looking for solutions to under funding. Councilmember Valeche noted he supported
fully using the State 185 funds to provide additional benefits for the police department.
During ensuing discussion, Mayor Russo commented the City must be fiscally responsible,
look at the whole picture, and determine if the right amount was being put in, and he wanted
the pension benefit to be as strong as it could be; to look at comparisons with other cities, but
this City should be in the top 5%. Attorney Jensen explained the plan was actuarially sound,
but was not fully funded. Councilmember Barnett indicated her support for this ordinance,
and for helping police officers live in the City. City Manager Ferris indicated the fund was
actuarially sound with the City contributing to keep it sound, which was required by law, and
urged that he be directed to find a firm or individual who could do an analysis of all the
pension plans. Councilmember Barnett made a motion to approve Ordinance 8, 2006 on first
reading. Councilmember Levy seconded for discussion. Councilmember Levy favored
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/2/06
4
passing the ordinance on first reading but not scheduling a second reading until information
had been obtained to make an intelligent decision. City Manager Ferris indicated staff would
have to come back after they located someone who could do the analysis, to advise how long
it would take. Finance Director Owens noted looking through the actuary’s report that the
3.28 multiplier would be $212,000 additional to the $269,000 for the change in salary
assumption, and the additional for the 100% cap was $56,000, for a total of roughly
$536,000 annually; however, the $269,000 was in regardless. Mayor Russo noted if Council
agreed to spend any additional amount, it was not budgeted. The Finance Director explained
the cost would not start until October 1 of next year. 8.5% of the 24% contribution was for
pensions for disability of people who had been hurt on the job. Councilmember Valeche
commented this was a good time to look at the whole picture, including disability. Mayor
Russo indicated he was prepared to vote for this on first reading but it must be resolved by
the time it came back. Vice Mayor Jablin commented he did not want to see this again until
there had been a workshop. Councilmember Barnett noted there were two issues—whether it
was under funded now and how funding would be going forward, and both needed to be
addressed. Councilmember Levy proposed a compromise to go to 3.28 multiplier; Vice
Mayor Jablin wanted all the facts before doing anything. Mayor Russo noted he thought an
overall financial plan was needed. Councilmember Valeche indicated he would vote for this
on first reading with the caveat that there were still a lot of questions and information was
needed, but this was to get to a solution. Vice Mayor Jablin agreed. The multiplier in the
ordinance was 3.5. The motion passed by 5-0 vote. Mayor Russo announced that at the next
meeting a report of how to get the study done would be presented.
Mayor Russo called on John Chaplik, Hudson Bay Drive, who had a question. Mr. Chaplik
expressed concern with a dangerous intersection by Legacy Place, when coming to the
intersection from the library, there was a wall which created a blind side. Staff reported they
were working to correct that.
CITY ATTORNEY REPORT:
City Attorney Tatum announced on February 8 there are oral arguments scheduled in the
Vavrus case for an appeal of the State Court decision in favor of the City.
ITEMS FOR COUNCIL DISCUSSION:
Councilmember Barnett commented grant money was available for bike lanes and asked
that be looked into, since it could benefit certain areas of the City. City Manager Ferris
indicated staff could put together information regarding the grants.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/2/06
5
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:05 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 13,2006
Meeting Date: March 2, 2006
Resolution: 24,2006
SubjecUAgenda Item: Aprove a Work Authorization and Notice to Proceed to
Landscape Service Professionals, Inc. for landscape and irrigation services within certain
medians on Military Trail from 1-95 north to the EPB-3C Canal as part of the Keep Palm
Beach County Beautiful Grant Program in the amount $1 66,057.
[ X ] Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by:
City Attorney
y-
fl Jack Doughney,
Community Services
Administrator
Department Director
Appr ed by: *
City’ Mabager
Originating Dept.:
Angela Wong
Community Services
Department
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ x ] Notified
[ ] Not required
Costs: $166,057.00
(Total)
$166,057.00
Current FY
Funding Source:
[ ] Operating
[ X ] Other
Capital Project
Budget Acct.#:
001.2080.51 9.6900
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Location Map
Resolution 24, 2006
[ ]None
Date Prepared: February 13,2006
Meeting Date: March 2, 2006
Resolution: 24, 2006
BACKGROUND: In June 2004, the City was awarded a matching grant through the Keep Palm
Beach County Beautiful (KPBCB) program in an amount not to exceed $66,679, with a total project
cost estimated at $1 33,358, for beautification of certain medians along Military Trail from 1-95 to the
EPB-3C Canal. City Council approved matching funds in the 2004/2005 Budget. This venture will
provide the city with quality control over the aesthetics of the right-of- way, and allows the city to
improve and maintain highly visible areas to a more stringent standard than may be set by the
County or State.
This project will be installed via the City’s annual contract for Landscaping and Irrigation Services.
The City received a proposal from Landscaping Service Professionals, Inc. in the amount of
$166,057 to install the project, which is $32,699 higher than originally estimated. The City will fund
its share of $99,378 from the General Fund. In addition, staff is currently negotiating a cost sharing
agreement with an adjacent parcel to the west, The Point PUD, to offset installation and
maintenance costs.
If approved, construction will commence in March 2006. Upon completion of these projects, the City
will assume maintenance responsibilities and incorporate these areas into the existing landscape
maintenance contract. The annual maintenance of the improvements is approximately $5,800.
Maintenance is also being funded by the General Fund.
Other segments scheduled for beautification include Military Trail from Lilac Street south to Square
Lake Drive S., one median on Military Trail just north of Lillian Avenue (currently under construction),
and Northlake Boulevard from Military Trail to the Florida Turnpike (currently under construction), all
of which are partially grant funded. Upon completion of these projects, the entire stretch of medians
on Northlake Boulevard from Military Trail to the Florida Turnpike as well as Military Trail will be
improved in accordance with City codes.
STAFF RECOMMENDATION: Approve Resolution 24,2006 as presented.
Site Map
Site Map
Print-
is believed accurate but is NOT
guaranteed to be without error This map and its
underlying data are intended to be used as a
general index to land related information and are
not intended for detailed. site-specific analysis
Printed: 02/16/2006 01 :52:40 PM
http://pbgsgis/webgis/print.do?titleBox=on&title=Site+Map&scalebarBox=on&no~hA~o. . . 2/16/2006
Site Map Page 2 of 2
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http://pbgsgis/webgis/print.do?titleBox=on&title=Site+Map&scalebarBox=on&no~hA~o... 2/16/2006
Date Prepared: February 16, 2006
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RESOLUTION 24,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WORK
AUTHORIZATION AND NOTICE TO PROCEED TO LANDSCAPING
SERVICE PROFESSIONALS, INC. BASED ON ITS ANNUAL
LANDSCAPING AND IRRIGATION CONTRACT DATED
SEPTEMBER 15, 2005, FOR MEDIAN IMPROVEMENTS ALONG
AN EFFECTIVE DATE.
MILITARY TRAIL FROM 1-95 TO EPB3C CANAL; AND PROVIDING
WHEREAS, the City wishes to perform landscape and irrigation improvements to
certain medians along Military Trail from 1-95 to EPB-3C Canal; and
WHEREAS, the City awarded an Annual Landscaping and Irrigation Contract to
Landscaping Service Professionals, Inc. per Resolution 118, 2005 dated September 15,
2005, for services including those required above, pursuant to a competitive sealed bid;
and
WHEREAS, the City has received a quotation from Landscaping Service
Professionals, Inc. to provide these services related to said project, and a Work
Authorization and Notice To Proceed has been developed based on this quotation, a
copy of which is attached hereto as Exhibit “A’; and
WHEREAS, based on the recommendation of City staff, the City wishes to award
a Work Authorization to Landscaping Service Professionals, Inc. to provide such
services; 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 awards a Work Authorization and Notice to
Proceed for landscape and irrigation improvements along Northlake Boulevard to
Landscaping Service Professionals, Inc. in the amount of $166,057 based on its Annual
Landscaping and Irrigation Contract dated September 15, 2005.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: February 16, 2006
Resolution 24, 2006
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PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
COUNCILMEMBERBARNETT
-- AYE NAY ABSENT
d
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\Lands~ping Service Professionals-RES0 24 2006.doc
2
~~~ ~~
Date Prepared: February 13,2006
Meeting Date: March 2, 2006
Resolution: 24, 2006
EXHIBIT A
Work Authorization
CITY OF PALM BEACH GARDENS
10500 N MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
WORK AUTHORIZATION AND NOTICE TO PROCEED
PROJECT NO. PUB0066 DATE: March 2,2006
PROJECT TITLE: Military Trail - 195 to EPB3C Canal
CONTRACTOR: Landscape Service Professionals, Inc.
You are hereby requested to proceed with the following work, as outlined in the proposal
attached hereto, and all work shall be pursuant to those items in the annual public works
contract, by this reference incorporated herein, for this project and to perform the work
accordingly, subject to all contract stipulations and covenants for an amount not to exceed
$1 66,057.00.
The work shall commence on March 6, 2006 and be substantially complete no later than May 5, - 2006 with a final completion date of June 4, 2006.
The undersigned agrees to provide all such insurance and bonds as requested and deemed
necessary by the City of Palm Beach Gardens.
The undersigned, by execution of this work authorization and notice to proceed, agrees to be
bound by the terms incorporated herein.
***This document can only be considered valid upon execufio I1 parties listed below ***
__---
” / J God- (Signature) GER (City Representative)
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING WORK AUTHORIZATION
Community Services Department 001.2080.519.6900
DEPARTMENT ACCOUNT NUMBER
CITY OF PALM BEACH GARDENS,
FLORIDA
RECOMMEN
COUNCILMEMBER/CITY MANAGER
REVIEW: ATTEST: (#i&
CI~ATTORNEY CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 13,2006
Meeting Date: March 2,2006
SubjecUAgenda Item: Presentation of quarterly financial report
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
1 City Attorney d
Department Director
Originating Dept.:
Advertised:
[XI Not Required
Affected parties
[ ]Notified 7
w
[XI Not required
costs: -0-
(Total)
-0-
Current FY
Funding Source:
[ 3 Operating
[XI Other NIA
Budget Acct.#:
NIA
Council Action:
[ 3 Approved
[ ]Approved wl
conditions
[ ]Denied
[ 3 Continued to:
Attachments:
0 Quarterly
financial report
1213 112005
[ ]None
Date Prepared: February 13,2006
Meeting Date: March 2, 2006
- BACKGROUND:
As required by Code of Ordinances Article XIII, Section 13-1, the Council
may request other financial reports throughout the year. We are pleased to present
the quarterly financial report for the period ended December 3 1,2005.
Some of the highlights contained within the report include:
P Total General Fund revenues through the first quarter were $41
million, compared to $35.7 million for the same period last year.
3 General Fund revenues exceeded expenditures by $26.5 million
through the first quarter, as compared to $22.4 million for the same
quarter last fiscal year
3 The total investment portfolio as of December 31, 2005 was $64.5
million, compared to $47.6 million at December 3 1, 2004.
P Although improving, investment returns continue to be historically
low. Our weighted average yield for the entire portfolio as of the
end of the quarter was 4.10% or .28% below the one-year Treasury
Bill rate of 4.38%
P Building permit revenues are reported at $553,399 which is
significantly lower than anticipated. Staff is currently researching
this activity and will report back to Council in the next financial
report for the quarter ending March 3 1,2006.
0 MISCIOTHER: N/A
STAFF RECOMMENDATIONS:
o Staff recommends a motion to accept the attached quarterly financial
report for the quarter ended December 3 1, 2005
City of Palm Beach Gardens,
Florida
I
Quarterly Financial Report
December 31,2005
CITY OF PALM BEACH GARDENS, FL
TABLE OF CONTENTS
PAGE
Transmittal Letter
Investment Report
Capital Improvement Plan Update
Grant Status Report
Financial Statements
Balance Sheet - Governmental Funds
Combining Balance Sheet - Nonmajor Governmental Funds
12
15
28
31
32
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Governmental Funds 33
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances -
Nonmajor Governmental Funds
Budgetary Comparison Schedule - General Fund
Statement of Net Assets - Proprietary Funds
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Proprietary Funds
Analysis of significant line items and Budgetary Comparison Charts
34
35
36
37
58-48
TRANSMITTAL LETTER
Overview
I am pleased to present the financial report for the City of Palm Beach Gardens for the
first quarter of fiscal year 2006 ending December 3 1,2005. The intent of these reports is
to better inform not only Council, but the public as well, throughout the year, of our
financial position by comparing actual results with the adopted budget, and taking
corrective actions as appropriate. Our goal is to provide optimum fiscal responsibility
through open disclosure in a public forum.
Format
A brief description of each section of this report is as follows:
Transmittal Letter - a financial overview and brief discussion of significant items
encountered during the prior quarter.
Investment Report - a summary of investment activity (purchases, sales, calls, etc.); total
cash and investments by fund; rate of return on investments compared with our
benchmark.
Capital Improvement Projects (CIP) Update/Project Listing Report - a summary of city
projects with a status report on each project to date.
Grant Status Report - a summary of city projects funded in part or in whole by grants
along with a status report on the project to date.
Financial Statements - The following funds’ financial statements are presented:
General Fund
Special Revenue Funds
Recreation Programs
Golf Course
Gas Tax
Capital Project Funds
Recreation Impact
Police Impact
Fire Impact
Road Impact
PGA Flyover
Burns Road
Proprietary Funds
Golf Fund
Internal Service (Fleet Management)
The following statements and other information are presented:
Balance Sheet - Governmental Funds
Combining Balance Sheet - Non major Governmental Funds
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Governmental Funds
Combining Statement of Revenues, Expenditures, and Changes in Fund Balances
- Non major Governmental Funds
0 Budgetary Comparison Schedule - General Fund
Statement of Net Assets - Proprietary Funds
Statement of Revenues, Expenditures, and Changes in Fund Balances -
Proprietary Fund
Analysis of significant line items and Budgetary Comparison Charts
Financial Overview
General Fund Revenues
General Fund revenues total $41 million through the end of the first quarter, up from the
$35.7 million for the same period last year:
General Fund Revenues - 1st Quarter
Last Year Vs. This Year (in $1,000~)
60,000
50,000 e’
40,000 .’
30,000 aC
2005 2006
Ad Valorem Tax revenue increased by $4.4 million from $30,722,403 to $35,080,842
over last year at this time as the graph below illustrates.
Ad Valorem Tax Revenues - 1st Quarter
Last Year Vs. This Year (in $1,000~)
40,000 {
30,000
20,000
10,000 3 LUUD 2006
A comparison of some of the other major categories of General Fund revenue from last
year to this year is depicted in the following chart:
General Fund Revenues
For the Period Ending Dec. 31,2005 as compared to Dec. 31,2004
e
e
2'300'000* 1,800,000
10 1st Qtr Dec '04 H 1st Qtr Dec '05 I
Franchise Fees $1,041,858 - Franchise fees include revenues received from
FP&L $854,108, and Telecommunication Tax of $187,750. Revenues earned to
date represent 23% of estimated earnings. Total revenues for the same period last
year were $825,340.
Licenses and Permits $1,710,455 - Licenses and permit revenues include Permits
$553,399, Occupational Licenses $1,091,482, Application Filing Fees $42,150;
Juno Beach Building Permits $14,286 and Other Licenses & Fees $9,138. Our
revenues earned to date represent 33% of estimated earnings. Total revenues for
the same period last fiscal year were $2,011,798. The decrease from prior year is
a combination of timing of projects and Hurricane Wilma.
Intergovernmental & Grants $2,149,753 - Intergovernmental revenues include
Half Cent Sales Tax $799,976, State Revenue Sharing $275,300, County
Occupational Licenses $88,744, Mobile Home Licenses $10,561, Alcoholic
Beverage License Renewals $600, Fuel Tax Refunds $5,968, and Grants Revenue
from FEMA $968,604. Revenues earned to date represent 34% of estimated
earnings for the period ending December 31, 2005. Total revenues for the same
period last fiscal year were $1,191,146.
Charges for Services $570,191 - Revenues include EMS Transport Fees
$412,167, Fire Inspection Fees $143,284, Public Safety Fees $1,820, Recreation
Fees $10,787, Interim Service Fees $2,133. Revenues earned to date represent
30% of budget. Total revenues for the same period last fiscal year were $598,226.
Fire Inspection Fees were also affected by Hurricane Wilma causing the decrease
in revenues from prior year.
Miscellaneous Revenues $309,629 - Revenues earned to date represent 44% of
estimated budget. Total revenues for the same period last fiscal year were
$213,441. Miscellaneous Revenues to date are as follows:
Building Inspector Overtime Reimbursement
Contributions and Donations
County Impact Fee Retainage
Developer Funding Landscape Agreement
Hurricane Wilma Fuel Reimbursement
Insurance Proceeds
Maps, Police Photos/Tapes
Miscellaneous
Nextel Tower Lease
Seacoast Utility Fees
Tax Search, Zoning Letters, & Copies
Reimbursement of City Services
15,237
34,500
26,489
13 1,655
6,764
9,512
1,342
675
8,000
900
7,393
67,162
General Fund Expenditures
Assuming expenditures occur consistently throughout the year, 25% of a department's
budget could expect to be expended through the first quarter ending December 31,2005.
Overall, the general fund has expended 21% of total budget.
Department Expenditures - YO Expended Through December 2005
50
40
Total General Fund expenditures through the first quarter were $14.5 million. Most
departments are in line with budget except for General Services. In General Services we
are at 26% of budget due to hurricane cleanup. The City has expended a total of $3.2
million on Hurricane Wilma (including personnel services reflected under department
expenditure totals). As of February 9, 2006 the City has been reimbursed a total of $1.9
million.
Risk Manaaement
As of the first quarter ending December 31, 2005, the City incurred 17 worker’s
compensation claims, with a total loss of $40,406. The City’s Property and Liability
claims totaled $1,001,500 of which the City received $500,000 in insurance proceeds.
Significant Items
The first quarter was busy in Finance and the City as a whole. Following is a brief
summary of some of the more significant items occurring during the quarter:
0 To date, $2.2 million dollars in project worksheets have been signed off by
FEMA for reimbursement for Hurricane Wilma, of which $1.4 million has been
received by the City to date. An additional $500,000 has been collected, to date, by
the City’s insurance company bringing the total reimbursement received to $1.9
million.
Other Department accomplishments during the 1 st quarter and projects are:
>
>
The firm of McGladrey & Pullen began their on-site annual audit for
fiscal year 2005 in January.
Budget Oversight Committee formed and began meeting in the 1’‘
quarter to plan for the FY07 budget.
The Golf Course Fund was previously accounted for as an enterprise
fund. As of 10/1/05 the accounting and budgeting for the golf
operation has been changed to a special revenue fund to more
accurately reflect the true nature of the operation, i.e., to provide an
affordable recreational amenity to the residents of the City
The firm of Moore, Stephens, Lovelace, PA performed their on-site
analysis of impact fees.
Golf converted their accounting software to GolfTrac which will
eventually integrate with Eden, the City’s General Ledger
Software.
Capital Improvement Project Reporting - through the conversion
to our Eden software in prior quarters, the system generates the
reporting of our CIP projects. See page 16 for new report layout.
Finance and Construction Services teamed to implement
centralized cashiering. The training for the cashiering module
took place in the first quarter and integration has gone smoothly.
5
Hurricane Wilma
As with Hurricane Frances and Jeanne, Wilma also caused extensive damage to the City. As
of December 3 1, 2005 the expenditures totaled approximately $3.2 million. To date, the City
has received $1.4 million from FEMA and $500,000 from insurance for a total of $1.9
million.
Longwood Condos - 10/25/05 Office Max - 10/25/05
k
Capital Immovement Projects
Citywide, there are currently 49 CIP projects ongoing in various stages. Please see the
Project Listing Report on pages 16-27 for more detail. During the first quarter, some of the
more significant projects are as follows:
BRCRC Expansion Proiect
.--
Recreation staff and citizens look forward to the completion of this expansion project.
Temporary offices are located in the trailers where staff is gearing up for summer camp.
This project consists of the following elements:
modification to the lobby area and overall building updating
Includes addition of a new gymnasium, locker room facility, new office space,
New gym provides employee staging area for emergency services
Finishes are being installed in the existing Community Center and roof replacement
to the existing gymnasium. All areas with the exception of the new gym and locker room are
expected to be open in Spring 2006.
Sandhill Crane Access Park
I’
FPL Agreed to dedicate a park parcel to the City on the western portion of the FPL Ryder
substation site, which abuts a SFWMD right-of-way containing an existing boat access area.
It will include a fishing pier, observation deck, renovations to the existing boat ramp and
docks for small water vessels to access the waterway, picnic areas, parking area, interpretive
educational displays and walkinghiking trails. Construction is projected to be completed in
the Fall 2006.
On the cover of this report is a photo of the “Dancing Sandhill Crane” sculpture in bronze
created by Geoffrey C. Smith and donated by Bettie B. Marks in memory of her husband
Richard L. Marks. The sculpture is temporarily located in the City Hall Lobby for citizens
and staff to enjoy.
8
Capital Outlay
During the 1'' quarter, a number of capital assts were purchased and added to the city's
inventory. The following is a highlight of several items of interest:
2006 GMC Fuel/ Lube Truck
On May 19, 2005, city council approved the purchase of a 2006 GMC Fuel/ Lube Truck
through Resolution 57, 2005. This vehicle was purchased to help aid both the fire and
fleet maintenance departments with servicing the fire rescue vehicles. This truck will
enable staff to provide assistance to vehicles in the field and eliminate lengthy out of
service times for emergency vehicles. The truck is able to carry 2,000 gallons of diesel
fuel and 1,000 gallons of unleaded fuel which will prove a true asset during emergency
situations such as hurricanes.
The fuel truck is being stored at the Public Works yard and operated/ maintained by the
Fleet Maintenance staff. The cost of this asset is $152,475 and it was purchased out the
Fire Impact Fund.
I I
New Holland Skid Steer Loader
Another addition to the city's capital asset inventory during the 1'' quarter was the
purchase of a New Holland Skid Steer Loader. This loader is being utilized on the Storm
water restoration project as well as various swale maintenance projects throughout the
city. The addition of this piece of equipment has allowed staff to work on different
10
projects simultaneously with little to no down time for maintenance. Staff estimates
increased productivity by 30%. This loader has interchangeable accessories such as forks
for moving pallets and grapples for picking up brush and other debris. The cost of this
asset is $29,975 and it was purchased out of the General Fund.
Message Boards
The last item of interest was the purchase of two message boards. These boards will be
utilized throughout the city to notify residents and travelers of pertinent information
during times of emergency. The cost of these assets are $10,700 each and they were
purchased out of the General Fund.
In summary, I would like to thank our Finance Staff for their efforts in preparing this
document. I would also like to thank Stacy Rundle, Grants Administrator, and Angela
Wong, Operations Manager, for providing the information presented in the Grant Status
Report, and CIP Update, sections, respectively.
Respectfully submitted,
Allan Owens, CPA, CGFO
Finance Administrator
INVESTMENT MANAGEMENT
Mid-cycle economies are characterized by slower growth as well as change in the composition of
growth. Economic growth, as measured by Gross Domestic Product, is expected to slow fiom 3.7
percent in 2005 to 3.4 percent next year. For business decision-makers the change in the composition
of economic growth will be equally significant. Consumer spending and residential investment will
slow. Growth in business investment in equipment remains steady while non-residential investment
(both private and municipal) and federal government will take the lead.
Short-term interest rates increased, with the one-year Treasury bill at 4.38%, fiom the last quarter's
rate of 4.01%. Longer-term rates slightly decreased for the quarter, with the 20-year Treasury yield at
4.61% as compared to 4.62% fiom the end of the previous quarter.
Investment Portfolio by Type
Total Portfolio $64,507,860
FFCB
3% FNMA
SBA -
I Investment Portfolio by Fund
Capitai Total Portfolio $64,507,860 34%
General
I Special Revenue
3%
12
On December 3 1, 2005, the amount invested at the SBA totaled $57,507,860. The SBA yield gradually
increased each month fiom 3.77% at the beginning of the quarter to 4.23% at the end of the quarter.
The Investment Summary provides a listing of the outstanding investments as of December 3 1, 2005
along with the investment date, maturity date, type of instrument, yield and amounts. As of the end of
the quarter, the total market value of the various federal agencies and securities was $6,799,900
compared to the original purchase price of $6,973,341. The total weighted average yield for the entire
portfolio as of the end of the quarter was 4.10%, or .28% below the one-year Treasury Bill rate of
4.38%. All other policy guidelines for portfolio composition have been adhered to.
INVESTMENT SUMMARY
December 3 1,2005
Investment Instrument Investment Maturity Par
Value Date Date Yield
U.S. Treasury Notes
Federal National Mtg Assoc Note
Federal National Mtg Assoc Note
Federal National Mtg Assoc Note
Federal Home Loan Mortgage Corp
Federal Home Loan Banks Debenture
Federal Farm Credit Banks Debenture
Federal Home Loan Mortgage Corp
Federal National Mtg Assoc Note
Federal Home Loan Bk Note Stp Coupon
Federal National Mtg Assoc Note
Federal Home Loan Mortgage Corp
Federal Home Loan Mortgage Corp
Federal National Mtg. Assoc Note
State Investment Pool
311 3/02
3/29/04
3/29/04
2/26/03
412 1/03
412 1/03
5/05/03
5/05/03
511 9/03
5/22/03
8/22/03
411 3/04
11/05/05
3/04/05
11/15/06
10/7/ 1 1
41811 0
9/05/07
10/15/07
3/26/07
411 5/08
511 5/08
12/3/07
1211 9/08
11/15/07
411 5/09
11/03/10
3/03/10
TOTAL INVESTMENTS
4.52%
3.00%
3 .Oo%
3.00%
3.00%
3.02%
3.00%
3.05%
2.50%
2.25%
3.33%
3.00%
3.00%
3.25%
4.23%
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
500,000
57,507,860
64,507,860
13
Below is a graphic comparison of the City’s earnings rate with the State Investment Pool. The City
earned 4.23% for the period ending December 31, 2005 compared to 2.19% for the period ending
December 31, 2004. For the quarter ending December 31, 2005 the City’s portfolio totaled
$57,507,860 compared to $41,674,437 for the same period in 2004. The second graph shows the
increase of the portfolio over the past two years.
STATE INVESTMENT POOL EARNINGS
RATE
CITY OF PALM BEACH GARDENS
PORTFOLIO HISTORY
14
paPrList Project Listing Report
2/14/2006 10:49:48AM
Project Manager: Fetterman Project # fir0083 Fire Dept. Training Tower
Project Description:
This project includes completing the roof of the existing training tower and adding an external stair to the building to be in
compliance with State training requirements.
Update:
Staff is currently obtaining quotes for improvements.
Account No: 303.1200.522.6900
Project Manager: Dan Reidy Project # go10029 Golf Course Renovations
I
Project Description:
This project includes renovation of all tees and signage.
Update:
The signs are being manufactured and are expected to be delivered in March.
Account No: 106.2540.572.6900
Project Manager: Reidy Project # go10075 Golf Course Irrigation Pump Replaceme t
Project Description:
Replaced irrigation pump.
Update:
A bid was released on 12/20/05 with an opening date of 2/3/06.
Account No: 106.2540.572.6900
Project Manager: Reidy Project # 9010076 Golf Course Above Ground Fuel Tank
Project Description:
Removal of a underground storage tank and replacement with Cn above ground storage stystem to be compliant with FDEP
Regulations. I
I Update: ~
The above ground fuel tank for the golf course has been ordered. Anticipated delivery: 6 - 8 weeks.
I
Account No: 106.2540.572.6900 i
Project # go10077 Golf Course Greens Replacement Project Manager: Reidy
Project Description:
Removal of existing greens. Install new drainage, irrigation, subsurface and putting surface to meet USGA standards.
Update:
The Bid was released on 12//20/05 along with the Master Pum ? Station Replacement. Bid opening is scheduled'for 2/3/06,
I Account No: 106.2540.572.6900 ~
Page 15
paPrList Project Listing Report
2/14/2006 10:49:48AM
Project Manager: Reidy Project # go10080 Golf Course Driving Range Expansion
Project Description:
This project includes enhancements to the driving range including installing a partial
shade structure cover and benches and inserting floating greens as practice targets in
the aqua range.
Update:
Staff is evlauating alternatives for floating greens and shade structures.
Account No: 301.2000.572.6900
Project # go10081 Golf Course Concession Expansion Project Manager: Reidy
Project Description:
Funds are requested to increase square footage of the golf concessions area by flooring an open area.
Update:
The project is on Hold pending operational layout with Peas 8, Carrotts.
Account No: 301.2000.572.6900
Project # Po1OO5O Radio Equipment - Countywide Consortium Project Manager: Gisele Foster
Project Description:
This project includes the implementation of the interoperable 800 MHz radio system, which will increase communications
between neiahborina cities.
Update:
A draft contract between West Palm Beach, Palm Beach Gardens, Town of Palm Beach and MA-COM, the radio equipment
provider is being reviewed by the contractor.
Account No: 001.1000.521.6900
Project # ~010082 Police Emergency Operations Center Project Manager: Gisele
Project Description:
Construct a new Emergency Operations Center (EOC).
Update:
The City is conducting a space needs analysis and is evluating the results with an Architect to include an EOC for aspects of
operation for the City.
Account No: 302.1000.521.6900
Page 16
paPrList
2/14/2006 10:49:48AM
Project Listing Report
Project # pub0001 Burns Road Widening Project Project Manager: Engle
Project Description:
This project includes mitigation of impacts due to the widening of Burns Road.
Update:
Signal Group has delivered the mast arms for the intersection of Burns Road and Allamanda Drive. However, the contractor
has been delayed due to shortage of materials.
The oak tree line in front of the BRCRC parking lot is now complete with the transplant of oaks from the south side.
Parking lot improvements will be constructed with the expansion of the Community Center.
Account No: 309.0900.519.6900
Project # pub0019 Bus Shelters (PBCC 8 Lakeside) Project Manager: Reyes
Project Description:
This project includes the installation of two bus shelters, one at Lakeside Bldg on Military Trail and one at the main entrance to
PBCC. Palm Tran through PBC has approved grants for both locations in the amount of $7500 per site.
Update:
Staff is meeting with Palm Tran on 2/1/06 to discuss relocation of the bus shelter to a more suitable site due to the installation
of a traffic signal and related movements.
Account No: 103.3000.539.6900
Project # pub0023 Kyoto Gardens Drive Extension Project Manager: Dan Clark
Project Description:
This project includes the design and construction of a railroad crossing at Kyoto Gardens Drive and the FEC tracks just west
of AIA, which includes a proposed traffic light at the Kyoto/AlA intersection, and construction of a 4-lane roadway by
Catalfumo.
4 Lane Roadway - $4,838,301: Catalfumo $3,304,970; City $1,533,331
FEC Settlement - $1 ,I 82,000
Winchester Courts Mitigation- $500,000
Engineeringlcontingency - $385,820
Update:
Staff is working with the developer to complete the permitting with SFWMD, NPBCID, and the Health Department. The wall
next to Winchester Courts is being fabricated. Construction start date is not yet determined but should be soon, about 45
days is an estimate. The design team has met with FEC and is reworking plans for the crossing and the intersection of Alt AI
A and Kyoto.
Account No: 305.0900.541.6900
Page 17
paPrList
2/14/2006 10:49:48AM
Project Listing Report
project # pub0027 BRCRC Restroom Renovations Project Manager: Wilson
Project Description:
This project includes replacement of the restroom fixtures and tiles.
Update:
This project is associated with Rec0041 (Burns Road Community Center Expansion).
Account No: 001.3030.539.6900
Project # pub0031 Stormwater System Imp - Phase II Project Manager: Reyes
Project Description:
This project includes all improvements listed in the 2002 Stormwater System Improvements Plan.
Thompson River Canal (Military south to Seagrape)
Update:
This project is complete.
Account No: 001.3040.541.6900
Project # pub0047 Garage Bay Doors Project Manager: Wilson
Project Description:
Installation of new doors at Public Works yard.
Update:
The project is complete.
Account No: 501.3020.539.6900
Project # pub0048 Military Tr Medians - Lilac to S Limit Project Manager: Reyes
Project Description:
This project includes beautification elements to various medians along Military Trail from the EPB3C canal south to the city
limits as well as Northlake Blvd from Military Trail to the Florida Turnpike.
Update:
The project is currently under construction. Substantial Completion is scheduled for 03/06.
Account No: 001.2080.519.6900
Project # pub0052 City Hall - First Floor Renovations Project Manager: Engle
Project Description:
This project involves the renovations of several departments in City Hall to provide for additional office space. In addition, the
lobby at the Building Department will be redesigned to provide for additional function and security.
Update:
This project is substantially complete. Staff is obtaining quotes for furniture.
Account No: 001.3030.539.6900
paPrList
2/14/2006 10:49:48AM
Project Listing Report
Project # pub0053 Public Works Storage Renovations Project Manager: Wilson
Project Description:
This project includes enclosing the existing outside storage areas in the PW yard.
Update:
This project is complete.
Account No: 001.3030.539.6900
Project # pub0057 Bus Shelters - US 1 Project Manager: Reyes
Project Description:
This project includes construction of two shelters to be located on US1 near the intersection of PGA Boulevard. FDOT will be
providing partial funding.
Update:
Staff is meeting with Palm Tran on 2/1/06 to discuss site location.
Account No: 103.3000.539.6900
Project # pub0058 Railroad Crossing Improvements Project Manager: Clark
Project Description:
As requested by FEC for "Quite Zone" designation, this project includes design and installation of 4-quadrant gates at each
crossing as well as crossing equipment upgrades to include other supplemental safety measures.
Update:
Staff is evaluating the various crossings for prioritize improvements. Staff is working with FEC on upgrades to crossings in
the County jurisdiction. Staff is also working on the construction plans of the railroad crossing of Kyoto Gardens Drive.
Account No: 001.3050.541.6900
project # pub0061 Public Works Office Bldg Reconstruction Project Manager: Wilson
Project Description:
This project involves the reconstruction of the Public Works Building due to damage sustained from Hurricane Jeanne.
Update:
This project is complete.
Account No: 001.3030.539.6900
Page 19
paPrList Project Listing Report
211412006 10:49:48AM
Project# pub0066 Military Tr Medians - EPBSC to 195 Project Manager: Reyes
Project Description:
This project includes the installation of landscaping and irrigation improvements within the center medians on Military Trail
from 1-95 to the EPB3C Canal. 50% Funding is anticipated from KPBCB Grant.
Update:
A work authorization for Villa & Sons is scheduled for consideration at the 3/2/06 Council Meeting in the amount of $166,000.
Staff is negotiating a cost sharing agreement with the adjacent developer, the Pointe to fund the City's match of the grant.
This project is scheduled for installation for mid March. Substantial Completion is scheduled for May 2006.
Account No: 001.2080.519.6900
project # pub0067 OTIS - Military Tr and Northlake Project Manager: Reyes
Project Description:
This project includes the installation of xeriscaping within one median on Military Trail at Lillian Avenue and landscaping/
irrigation within three medians on Northlake Blvd. from Military Trail west to Green Meadows Drive. 100% Funding is
anticipated from Palm Beach County through the "Only Trees, Irrigation, & Sod" Program.
Update:
A Work Authorization for Villa & Sons is scheduled for consideration at the 2/16 Council meeting in the amount of $106,000.
This includes median from Military Trail to Green Meadow Way. The Lilian Avenue median is now under construction. An
addendum to the PBC agreement for an extension to June 30, 2006 and an increase of funding in the amount of $12,000 is
also scheduled for approval on February 16th.
Account No: 001.2080.519.6900
Project# pub0068 Alternate AlA Medians - Burns Rd to C17 Project Manager: David Reyes
Project Description:
This project includes landscaping and irrigation installation along AIA from the C17 Canal north to Burns Road within the
center medians as well as the installation of a City entrance sign at the southern limit. Partial funding for this project is
anticipated from the KPBCB grant program through FDOT.
Update:
This project is on hold until FY 06-07.
Account No: 001.2080.519.6900
Project # pub0069 Northlake Medians - Gin Mdws to Turnpike Project Manager: Reyes
Project Description:
This project includes the installation of landscaping and irrigation within center medians on Northlake Blvd. from Green
Meadows Drive west to the Turnpike. 50% Funding is anticipated through a Keep Palm Beach County Beautiful grant.
Update:
A Work Authorization is scheduled for consideration at the February 16th Council Meeting. If approved, installation will begin
end of February thru April 2006.
Account No: 001.2080.519.6900
Page 20
paPrList Project Listing Report
2/14/2006 10:49:48AM
Project # pub0070 Golf Course Bridge Replacement Project Manager: Wilson
Project Description:
Remove existing wood cart bridges (3) and replace with new.
Update:
Staff is evaluating procurement options.
Account No: 001.3030.539.6900
project # pub0071 Golf Course Sewer Connection Project Manager: Wilson
Project Description:
Northlake Blvd. to interconnect to the existing force main sewer line,
Update:
Staff is reviewing Design Plans.
Account No: 001.3030.539.6900
Funds are requested to disconnect piping leading into the leaching field and install new piping from the club house to
project # pub0084 Stormwater System Imp - Phase 111 Project Manager: David Reyes
Project Description:
Thompson River Canal (Larch St north to Hickory Dr.)
Thompson River Canal (Larch St. south to Vision)
Thompson River Canal (Holly Dr. to 1-95)
Update:
Thompson River Canal (Holly Dr. to 1-95): This project is completed.
Thompson River Canal (Larch St north to Hickory Dr.): This project is completed.
Thompson River Canal (Larch St. south to Vision): This project began February 1st and is currently under construction.
Account No: 001.3040.541.6900
Project# pub0085 Stormwater System Imp - Phase IV Project Manager: Reyes
Project Description:
Earman River Canal (Military Trail east to 1-95)
Earman River Canal (1-95 east to C-I 7)
Update:
Earman River Canal (Military Trail east to 1-95): This project is under construction and is approximatley 50% complete.
Earman River Canal (1-95 east to C-17): This project is estimated to begin April 2006.
Account No: 001.3040.541.6900
Page 21
paPrList Project Listing Report
2/14/2006 10:49:48AM
Project # pub0086 Stormwater System Imp - Phase V Project Manager: David Reyes
Project Description:
FEC Ditch
(C-17 to RCA Blvdl
Update:
LBF&H has completed the survey and is under design for both sites.
Account No: 001.3040.541.6900
project # pub0087 Stormwater System Imp - Phase VI Project Manager: David Reyes
Project Description:
Allamanda Canal - (Lighthouse Dr north to Prosperity Farms Rd)
Meridian Way Canal - (Meridians Way to Allamanda Canal)
Allamanda Spillway Operable Gate
Update:
Allamanda Canal - (Lighthouse Dr north to Prosperity Farms Rd): LBF&H completed survey and is currently under Design.
Meridian Way Canal - (Meridians Way to Allamanda Canal): LBF&H completed survey and is currently under Design.
Allamanda Spillway Operable Gate: No updates.
Account No: 001.3040.541.6900
Project # pub0088 Stormwater System Irnp - Phase VI1 Project Manager: David Reyes
Project Description:
Bellewood Canal (Earman River Canal to Military Trail)
Update:
Currently awaiting for survey
Account No: 001.3040.541.6900
Project # pub0089 Stormwater System Irnp - Phase Vlll Project Manager: David Reyes
Project Description:
Installation of City Park berm and drainage improvements associated with the Tennis Center ExDansion Proiect.
Update:
No update.
Account No: 001.3040.541.6900
Page 22
paPrList
2/14/2006 10:49:48AM
Project Listing Report
Project # rec0003 Lakeside Building Driveway Project Manager: Todd Engle
Project Description:
This project includes the widening of the driveway apron to the Lakeside Building on Military Trail.
Update:
Staff is obtaining quotes from annual Contractor's.
Account No: 001.2080.519.6900
Project # recoo05 Gardens District Park Project Manager: Charlotte Presensky
Project Description:
The Master Plan developed by PBC includes construction of a 50,000 s.f. community center, water park, multi-purpose field
with lights, parks equipment and storage facility, amphitheatre with restrooms, court complex (volleyball, racquetball,
basketball, roller hockey rinks, shade structure, and restroom facility), group picnic area, family picnic area, and upland nature
trails.
Update:
The City Council took action to terminate the District Park Development Agreement with the County and this project is on
hold until further direction from Council.
No account associated to this project
Project # rec0013 Municipal Complex Artwork Lighting Project Manager: Angela Wong
Project Description:
This project includes the installation of lighting systems in the City Hall lobby and around the Costas Varotsos "Contiguous
Currents" art piece.
Update:
The Costas Varotsos lighting is complete. The City Hall lobby lighting on Feb. 6th and will last approximately one week.
No account associated to this project
Project # rec0017 Sandhill Crane Access Park Project Manager: Todd Engle
Project Description:
FPL agreed to dedicate a park parcel to the City on the western portion of the FPL Ryder substation site, which abuts a
SFWMD right-of-way containing an existing boat access area. It will include a fishing pier, observation deck, renovations to
the existing boat ramp and docks for small water vessels to access the waterway, picnic areas, parking area, interpretive
educational displays and walkinghiking trails.
Update:
The contract award to Con-Tech is being considered at the Feb. 2nd Council Meeting for Design Build. Design will be begin
once the contract is awarded and construction should be completed in Fall 2006.
Page 23
Account No: 301.2000.572.6900
paPrList
211412006 10:49:48AM
Project Listing Report
Project # recoo18 PGA Flyover Beautification Project Manager: Wong
Project Description:
This project includes the installation of four sculptures to be placed in towers being constructed by the FDOT. In addition,
architectural consultant services are being provided by OGSP.
Update:
The FDOTdispute review board is reviewing claims from Astaldi, the FDOT contractor regarding the replacement l retrofit of
the decorative light poles. The Artwork is under fabrication, installation is scheduled for May 2006. The City shield bas relief
sculptures are being fabricated and are estimated for installation March 2006.
Account No: 304.1400.51 5.6900
Project # rec0041 BRCRC ExpansionlRenovations Project Manager: Presensky
Project Description:
This project is for improvements to the BRCRC main building including expansion of the gym, expansion of the restrooms with
new locker room facilities, additional programlmeeting space, new service counter area, expansion of the parking lot, and
enhanced landscaping and irrigation.
Update:
Finishes are being installed in the existing Community Center and roof replacement to the existing gymnasium. All areas with
the exception of the new gym are expected to be open in Spring 2006. The new locker room, parking areas and site work
shall be completed in Fall 2006.
Account No: 301.2000.572.6900
Project # rec0042 BRCRC Pool Expansion Project Manager: Presensky
Project Description:
This project includes construction of a new lap pool to meet current high school design criteria and to provide an area for
water fitness; a new spray playground; expansion of the deck area; and a zero depth entry area.
Update:
This project is complete.
Account No: 301.2000.572.6900
Project # rec0043 HWMS Field LightinglRestroom Project Manager: Kelly
Project Description:
This project is for the expansion of the City's court inventory through an interlocal agreement with the PBC School District by
lighting ball fields, tennis courts and racquetball courts as well as the construction of restroom facilities.
Update:
The School Board has approved the addition of the restrooms and the interlocal argreement has been amended to reflect the
same. The on-site contractor, WG Mills, is installing the conduit to facilitate the field lighting. This project has been submitted
for funding, in the FY 2005l2006 budget. (no update)
Account No: 301.2000.572.6900
Page 24
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2/14/2006 10:49:48AM
Project # recoo45 Lake Catherine ConcessionlRestrooms Project Manager: Mike Kelly
Project Description:
This project includes the construction of a "clubhouse style" building at the north end of the Lake Catherine Sports Complex,
to feature restrooms, concession area, meeting room, storage and pavilion areas.
Update:
The building construction is complete. Staff is awaiting the delivery and installation of new shade structures.
Account No: 301.2000.572.6900
Project # recoo51 Thompson River Linear Park Project Manager: Presensky
Project Description:
This project will link the BRCRC to the ballfield complex located adjacent to PB Gardens High School. The proposed bridge &
extension of the exercise trail will provide convenient and safe access to a wide range of recreation opportunities.
Update:
All elements are complete with the exception of the irrigation pump.
Account No: 301.2000.572.6900
Project # rec0054 City Park - Phase II Project Manager: Presensky
Project Description:
This project includes recreation facilities such as hard surface tennis courts, picnic facilities, hard surface exercise trail and
related equipment, sports lighting, and playground shade structure.
Update:
A contract was awarded to Musco Lighting on Jan. 19th for the installation of Basketball Court Lights. Staff is developing a
Design Build RFQ for the remainder of the project elements.
Account No: 301.2000.572.6900
Project # rec0055 Dog Park Project Manager: Kelly
Project Description:
This project is for construction of a dog park run to be located adjacent to the Lilac Athletic Facility.
Update:
This project is complete.
Account No: 301.2000.572.6900
Page 25
paPrList
2/14/2006 10:49:48AM
Project Listing Report
Project # rec0056 Tennis Center Expansion Project Project Manager: Presensky
Project Description:
This project includes construction of four (4) HarTru tennis courts at the Tennis Center including bleachers, shade structure,
benches, fitness trail, and picnic table.
Update:
Staff should have preliminary drawings next week for this project. Construction is anticipated to be complete by midfall. The
City's annual contractor, Murray Logan, will assist in drainage issues on the site. Staff will submit a letter modification to
SFWMD. (no update)
Account No: 301.2000.572.6900
Project # rec0060 Lilac Park - FRDAP Project Manager: Presensky
Project Description:
This project includes additional recreation facilities such as a playground, picnic areas, boat facilities, and improvements to
the existing baseball field and exercise trail. Partial funding will be applied for through the FRDAP program.
Update:
Staff is obtaining quotes to purchase project elements.
Account No: 301.2000.572.6900
Project # recOO65 Municipal Complex Civic Enhancement Project Manager: Presensky
Project Description:
This project includes construction of civic related improvements at the Muncipal Complex.
Update:
City staff met with the Vice Mayor and other interested individuals regarding this project. The Construction services Division is
working on a designlbuild package for this project and the package is almost complete.
Account No: 001.2000.572.6900
Project # recoo72 BRCRC Renovations Project Manager: Presensky
Project Description:
This project includes replacement of the existing playground equipment and surfacing at the Burns Road Community
Recreation Campus playground as well as installation of an irrigation system and additional landscaping.
Update:
This project is on Hold until funding is confirmed.
Account No: 001.2000.572.6900
Page 26
paPrList
2\14/2006 10:49:48AM
Project Listing Report
Project # rec0073 Lake Catherine Park Renovations Project Manager: Presensky
Project Description:
Renovation of existing areas of the Lake Catherine softball complex to include replacing of field sports lighting, backstops and
field fencing, enlarge dugouts, develop a practice area, replace irrigation, rework infield areas, add a new playground and
build a parks storage area.
Update:
This project is on Hold until funding has been established.
Account No: 001.2000.572.6900
Project Manager: Presensky Project # rec0074 PGA Park Renovations
Project Description:
Renovation of the PGA Park restroom and pavilion areas to include upgrading to user friendly standards. Will also include
redoing the PGA softball fields with new fencing, turf and sports lighting to meet industry standards. Improvements will
include replacement of the pump and irrigation system. Project not eligible for impact funds due to renovations.
Update:
This project is on hold until funding has been established.
Account No: 001.2000.572.6900
Project # rec0078 Skatepark Lighting and Improvements Project Manager: Presensky
Project Description:
Add lighting.
Update:
A contract was awarded to Musco Lighting on Jan. 19th.
Account No: 301.2000.572.6900
Project # recoo79 PGA Park Renovation Planning Project Manager: Presensky
Project Description:
Planning services for the reconstruction of PGA Park.
Update:
Staff is obtaining a Park Planning Consultant to begin Design Studies.
Page 27
Account No: 301.2000.572.6900
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: January 30,2006
Allan Owens, Finance Administrator
Mary Anderson, Deputy Finance Administrator
Stacy A. Rundle, Executive Assistant to the City Manager FROM:
SUBJECT: Grant Status Report
Listed below, by department, are the various City projects funded in part or in whole by grants along
with a status report on the project to date:
COMMUNITY SERVICES
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Military Trail Median Beautification - 1-95 north to the EPB-3 canal
Keep Palm Beach County Beautiful - BCC Funds
$66,679
$66,679
Extended to June 2006
Contracts for annual landscaping and irrigation services have been awarded, and
the work authorization for the installation of this project is currently scheduled for
the March 2,2006 Council agenda.
Military Trail Median Beautification - PGA Boulevard south to the city limit
Keep Palm Beach County Beautiful - MPO Funds
$89,046.50
$89,046.50
Extended to June 2006
This project is currently being installed.
Northlake Boulevard Median Beautification - (.6 miles west of Military Trail
to the FL Turnpike)
Keep Palm Beach County Beautiful - BCC Funds
$73,405
$73,405
September 30, 2006
The work authorization for the installation of this project is currently scheduled for
the February 16,2006 Council agenda.
Victoria Gardens Avenue between Alt. AIA and PGA Blvd.
Keep Palm Beach County Beautiful - MPO Funds
$241,816.01
$241,816.01, provided by The Sembler Company
TBD
This grant project is funded by state monies through Keep Palm Beach County
Beautiful and The Sembler Company, representing Legacy Place. The City
applied for the grant with the understanding that if awarded, The Sembler
Company would front all costs associated with it. The City is acting as a pass-
through for the grant money and no City funds are being utilized for this project.
Currently the project is substantially complete, with the contractor completing
punch-list items.
28
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Grant Amount:
City Match:
Grant Deadline:
Status:
Thompson River Canal Water Quality Improvement Project
SFWMD
$285,000
$285,000
October 1 I, 2006
The City continues to implement this canal improvement project with grant funds
provided by the Water Management District. Fifty-thousand dollars has been
reimbursed to the City to date, with the remainder of the grant finds expected to
be reimbursed this fiscal year.
Thompson River Linear Park
Land and Water Conservation Fund (LWCF)
$200,000
$200,000
December 1 5,2007
To date, the City has spent $345,385.70 on this project and received
reimbursement from the State of Florida in the amount of $104,040.09. A second
reimbursement request was submitted this month in the amount of $68,652.76.
Sandhill Crane Access Park
FRDAP
$200,000
$200,000
September 30, 2007
A contract award for this project is scheduled for the February 2, 2006 Council
meeting. Construction is scheduled to being shortly after approval.
City Park Phase II
FRDAP
$200,000
$200,000
TBD
The funding agreement for this project has been fully executed by both the City
and the State. The project is currently in the design phase by city staff.
Lilac Park Phase I
FRDAP
$200,000
$200,000
TBD
The funding agreement for this project has been fully executed by both the City
and the State. The project is currently in the design phase by city staff.
Bus Shelter - US-1
Palm Tran/Palm Beach County
$30,970
$0
July 12, 2006
Staff has met with Palm Tran to obtain approval for the location for the shelter on
US 1. We will begin obtaining quotes for construction within the next few weeks,
in anticipation of beginning construction around April 1, 2006.
29
POLICE DEPARTMENT
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Project:
Grant Source:
Year:
Grant Amount:
City Match:
Grant Deadline:
Status:
Taser purchases
Bureau of Justice Assistance Grant (JAG)
2005
$11,018
$0
September 30, 2008
These funds were requested for the purchase of tasers.
Police Communications Equipment
Palm Beach County E91 1 Funds
2006
$105,321
N/A
September 30, 2006
The Police Department participates in the County’s 911 Grant Program. Each
year, a list of items, including a percentage of call-taker salaries, is presented to
911 Management for inclusion in the program. These funds allow for the
purchase of communications-related equipment and materials, maintenance of
same, and a percentage of call-taker salaries. Funds are provided on a
reimbursement basis.
Bulletproof Vest Program
US Department of Justice
2003
$34,893.59
$34,893.59
September 30, 2007
This project is on-going. The funds may be used to purchase ballistic and stab
vests for law enforcement officers.
Universal Hiring Grant
US Department of Justice
2003
$375,000 over three (3) years
$51 1,825 over three (3) years
August 31, 2006
This program provides partial funding for five (5) new, additional full-time officer
positions over three (3) years specifically to bolster community policing efforts in
the city. This is the first time the department has participated in this program. To
date, the City has spent $236, 035.50 of the grant funds and $7,300.07 of the
City’s match.
30
CITY OF PALM BEACH GARDENS
Assets:
Cash and cash equivalents
Investments
Receivables (net)
Due from other funds
Prepaid items
Interest
Total assets
Liabilities and fund balances:
Liabilities:
Accounts payable
Accrued liabilities
Contracts and retainage payable
Deferred revenue
Due to other funds
Total liabilities
Fund balances:
Reserved for encumbrances
Reserved for prepaid items
Reserved for law enforcement
Reserved for debt service
Reserved for capital improvements
Designated for:
General accident settlement
Special projects
Unreserved general fund
Special revenue funds
Total fund balances
Total liabilities and fund balances
BALANCE SHEET
GOVERNMENTAL FUNDS
DECEMBER 31,2005
General
Recreation
Impact
Other Total
Road Governmental Governmental
Impact Funds Funds
$ 13,482 $ 50,354 $ 1,258,051 $ 5,650,141 $ 6,972,029
43,120,842 6,116,144 9,929,197 59,166,183
2,017,445 57,668 2,075,113
72,223 72,223
94,371 22,492 11 6,862
58,539 58,539
$ 45,376,901 $ 6,166,498 $ 11,187,248 $ 5,730,300 $ 68,460,948
$ 2,691,468 $
880,460
802
4,470 $ - $ 189,791 $
3,601,876 8,761
2,885,729
880,460
3,611,438
72,223 72,223
3,572,729 4,470 3,601,876 270,775 7,449,850
3,486,086
2,675,943
3,010,140 125,000 776,315 7,397,541
580,802 500 581,302
1,911 1,911
4,025 4,025
2,983,629 7,460,372 3,019,446 16,139,390
41,974 41,974
1,847,635 79,229 1,926,864
33,334,055 33,334,055
- 1,584,035 1,584,035
41,804,172 6,162,028 7,585,372 5,459,525 61,011,098
$ 45,376,901 $ 6,166,498 $ 11,187,248 $ 5,730,300 $ 68,460,948
31
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t9
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N m
CITY OF PALM BEACH GARDENS
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDS
DECEMBER 31,2005
Revenues:
Taxes
Franchise Fees
Licenses and permits
Intergovernmental
Impact fees
Local option gas tax
Charges for services
Grants
Fines and forfeitures
Interest
Miscellaneous
Total revenues
Expenditures:
General government
Public safety
Culture and recreation
Physical environment
Transportation
Capital outlay
Principal
Interest
Bond issuance costs
Other Debt Service Costs
Total expenditures
Excess (deficiency) of
revenues over expenditures
Other financing sources(uses):
Transfers in
Transfers out
Refunding bonds issue
Loan Proceeds
Premium on bond issuance
General
$ 35,080,842 $
1,041,858
1,710,455
1 ,I 81 ,I 49
570,191
968,604
43,441
222,872
Recreation
ImDact
Road
Impact
-$
236,019
64,663
Other
Governmental Total
Funds Funds
-$
51 5,348
99,278
121,228
163,643
790,208
2,800
42,123
$ 35,080,842
1,041,858
1,710,455
1 ,I 81,149
872,595
163,643
1,360,398
968,604
46,242
428,936
309,629 104,691 12,178 426,498
41 ,I 29,042 300,682 719,316 1,132,181 43,281,221
2,567,186
7,376,753
1,191,523
1,341,224
1,568,701
248,563
381,911
486,329
2,062
61,695
92,225
609,003
34,093
72,790
181,866
199,507
2,567,186
7,468,979
1,800,526
1,375,317
74,851
2,298,591
248,563
581,417
14,675,861 486,329 63,757 1 ,I 89,483 16,415,430
26,453,181 (1 85,647) 655,560 (57,302) 26,865,790
24,691
(231,000)
401,200
606,201 630,892
(1 75,218) (11,500) (417,718)
/54,000 I ,I 55,200
Payment to refunded bond escrow agent
Total other financing sources (uses) 194,891 (175,218) 1,348,701 1,368,374
Net change in fund balances 26,648,071 (1 85,647) 480,341 1,291,398 28,234,164
Fund balances, beginning of year
Fund balances, December 31, 2005
15,156,101 6,347,675 7,105,031 4,168,127 32,776,934
$ 41.804.172 $ 6.162.028 $ 7.585.372 $ 5.459.525 $ 61.011.098
33
C
4 I-
ff
4
N" N a! m co
'(0 I m -- d x W' 0- s? r. 0' 0 9 R
E 5
r r -
Revenues:
Taxes
Licenses and permits
lntergovernment
Charges for services
Grants
Fines and forfeitures
Interest
Miscellaneous
Total revenues
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND
DECEMBER 31,2005
Actual
as of 12/31 105
Annual
Budaet
Expenditures :
City Council
Administration
Economic Development
Information Systems
City Clerk
Legal Services
Public Relations
Human Resources
Finance
General Services
Police
Fire
Growth Management
Parks and Recreation
Grounds Maintenance
Public Works & Construction Services
Capital outlay
Principal
Interest
Total expenditures
Excess (deficiency) of
revenues over expenditures
Other financing sources(uses):
Transfers in
Transfers out
Refunding bonds issue
Loan Proceeds
Premium on bond issuance
$ 36,122,701 $ 45,116,133 80.07%
1,710,455 5,176,573 33.04%
1 ,I 81,149 4,396,163 26.87%
570,191 1,907,400 29.89%
968,604 1,753,439 55.24%
43,441 395,520 10.98%
222,872 981,630 22.70 yo
309,629 690,66 1 44.83%
41,129,042 60,417,519 68.07%
58,593
147,841
32,295
229,560
99,699
77,307
17,824
197,780
174,165
1,044,609
3,926,298
3,450,455
487,512
464,336
727,187
1,341,224
1,568,701
248,563
297,518
638,770
176,827
1 ,I 03,635
484,021
421,400
131,554
985,264
824,286
4,009,951
16,578,385
14,478,467
2,495,639
2,320,151
3,266,359
6,691,193
12,248,043
1,891,966
19.69%
23.14%
18.26%
20.80%
20.60%
18.35%
13.55%
20.07%
21.13%
26.05%
23.68%
23.83%
19.53%
20.01 %
22.26%
20.04%
12.81 yo
13.1 4%
381,911 1,131,626 33.75%
14,675,861 70,175,055 20.91 %
26,453,181 (9,757,536)
24,691
(231,000)
401,200
98,762
(716,000)
4,445,700
Payment to refunded bond escrow agent
Total other financing sources (uses) 194,891 3,828,462
Net change in fund balances
Fund balances, beginning of year
Fund balances, December 31,2005
%
Received/
SDent
26,648,071
1 5,156,101
(5,929,074)
12,922,552
$ 41,804,172 $ 6,993,478
35
CITY OF PALM BEACH GARDENS
STATEMENT OF NET ASSETS
PROPRIETARY FUNDS
DECEMBER 31, 2005
Assets:
Cash and cash equivalents
Inventory
Prepaid items
Deposits
Deferred charges
Capital assets not being depreciated
Capital assets being depreciated, net
Total assets
Liabilities:
Current liabilities:
Accounts payable
Accrued liabilities
Accrued interest payable
Due to other funds
Revenue bonds payable - current portion
Obligations under capital lease - current portion
Total current liabilities
Noncurrent liabilities:
Compensated absences payable
Revenue bonds payable
Obligations under capital lease
Total noncurrent liabilities
Total liabilities
Net Assets:
Reserved for encumbrances
Invested in capital assets, net of related debt (deficit)
Unrestricted
Total net assets (deficit)
Internal
Service
Fund
Fleet
Manauement
657
I 38,318
2,097
2,030,578
2.1 71.650
13,328
838
11,132
25,298
10,689
360,635
371,324
396.622
97,895
1,405,570
271,562
$ 1.775.028
36
CITY OF PALM BEACH GARDENS
STATEMENT OF REVENUES, EXPENDITURES, & CHANGES IN FUND BALANCES
P ROPRl ETARY F U N DS
DECEMBER 31,2005
Enterprise
Fund
Golf
Internal
Service
Fund
Fleet
Manaqement
Operating revenues:
Charges for services
Miscellaneous
Total revenues
Operating expenses:
Personnel expenses
Repair and maintenance
Fuel and chemicals
Operating supplies
Cost of goods sold
Other professional and contractual
Utilities
Other expenses
Depreciation
Amortization
Capital Outlay
Total operating expenses
Operating income (loss)
Non-operating revenues (expenses):
Loss on sale of capital assets
Principal
Interest expense
Total non-operating revenues (expenses)
Income (loss) before transfers
Transfers in
Transfers out
Change in net assets
Net assets (deficit), beginning
Net assets (deficit), ending
$525,296
$525,296
144,181
48,320
134,602
11,070
1,046
201
6,442
6,495
352.359
172,937
(259,459)
(1 1,483)
(270,942)
(98,004)
1,409,324 52,000
(252,004) (1 3,191)
1,157,320 (59,195)
(1,157,320) 1,834,223
$1.775.028
37
GENERAL FUND ANALYSIS
GENERAL NOTE:
The financial reports are formatted for management’s use and, as such, generally do not include all the
classifications, accruals and footnotes which would accompany fiscal year-end reporting. The Balance
Sheet for this hnd is reported on page 3 1 and the Revenues and Expenditures are reported on page 33.
l Accounts receivable $2,017,445 - As of 12/31/05, the significant items are: FDOT accrual for
Frances & Jeanne of $265,000; North Palm Beach Improvement District Hurricane reimbursement
accrual $322,313; EMS Fees at $516,000; FPL Franchise Fees $526,000 and Half Cent Sales Tax
$289,000.
LIABILITIES
l Accounts Payable and accrued liabilities $3,571,928 - The significant items included in this
amount are County Impact Fees $437,000; Escrow $393,000; Police, Fire & General Pension
accrual $830,000; Hurricane Wilma debris removal $1,083,000; and various payables $828,928.
RE VENUES
General Fund revenues for the period ending December 3 1,2005 total $41,129,042. We received 68% of
our budgeted revenues and as the graph below illustrates, the majority of our revenue is derived
Taxes.
Budgetary Comparison of Revenues - General Fund
as of December 31,2005
~50’ooo~ooo 1
$20,000,000
$1 5,000,000
$10,000,000
from
$5,000,000 -
$- - -
Grants f~~e~~u~~~ Interest Miscellaneous Licenses and Charges for
permits lntergovernmnt services Taxes
.Actual $36,122,701 1,710,455 1,181,149 570,191 968,604 43,441 222,872 309,629
=Budget $45,116,133 5,176,573 4,396,163 1,907,400 1,753,439 395,520 981,630 690,661
38
EXPENDITURES
General Fund expenditures for the three months ending December 3 1, 2005 total $14,563,114,
21% of budget. As the graph below illustrates, the majority of expenditures are for Public
Safety.
Budgetary Comparison of Expenditures - General Fund
as of December 31,2005
35,000,000
30,000,000
25,000,000
20,000,000
15,000.000
10,000,000
5.000.000
.Actual F W Budge
-
- -
I
Gen Government Public Safety Physical Enviroment Cap outlay Principal Interest
2,567,186 1,316,753 1,191,523 1,341,224 1,568,701 248.563 269.164
11,568.865 31,056,852 5.586.510 6,691,193 12,248,043 1,891,966 1,131,626
CU,.", I "
_I
I
The Budgetary Comparison Schedule on page 35 breaks down the graph above departmentally.
There is also a graph on page 4 of the Transmittal Letter comparing percentage expended.
39
LOCAL OPTION GAS TAX FUND ANALYSIS
GENERAL NOTE:
The Balance Sheet for this fund is reported on page 32, the Revenues and Expenditures are
reported on page 34.
0 Accounts Receivable $56,690 - This amount consists of Local Option Gas Tax revenues
due from the State of Florida.
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
LOCAL OPTION GAS TAX
DECEMBER 31,2005
Budget
YO
Received/
Actual SDent
Revenues:
Local option gas tax
Grants
Interest
Miscellaneous
Total revenues
Expenditures:
Current:
Transportation
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
$ 560,000 $ 163,643 29.22%
14,000 4,790 34.21 Yo
574,000 168,433 29.34%
649,151 71,339 10.99%
79,229 0.00%
728,380 71,339 9.79%
(1 54,380) 97,094
Other financing sources(uses):
Transfers in
Transfers out
Total other financing sources (uses)
Net change in fund balances (1 54,380) 97,094
Fund balances, beginning of year 198,238 490,151
Fund balances, December 31,2005 !$ 43,858 !$ 587,245
Total Revenue $168,433 - Revenues for the first quarter of the fiscal year are at 29% of
anticipated revenues excluding fund balance carry-forward.
Total Expenditures $71,339 - Electricity for street lights for the first quarter was
$46,000 while repairs for street lights on PGA Blvd and deflection laser surface testing
totaled $25,000.
40
RECREATION SPECIAL REVENUE FUND ANALYSIS
GENERAL NOTE:
The Balance Sheet for this fund is reported on page 32 and the Revenues and Expenditures are
reported on page 34.
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
DECEMBER 31,2005
RECREATION PROGRAMS - SPECIAL REVENUE FUND
Budget
YO Receivedl
Actual SDent
Revenues:
Charges for services
Interest
Miscellaneous
Total revenues
Expenditures:
Current:
Culture and recreation
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
Other financing sources(uses):
Transfers in
) 1,931,605 $ 405,294 20.98%
2,600 2,422 93.16%
1,934,205 407,716 21 .OB%
1,877,183
6,000
336,518 17.93%
~~ 1,883,183 336,518 17.87%
51,022 71,198
Transfers out (46,000) (1 1,500)
Total other financing sources (uses) (46,000) (1 1,500)
Net change in fund balances 5,022 59,698
Fund balances, beginning of year 11 3,362 103,396
Fund balances, December 31,2005 $ 118,384 $ 163,094
Total Revenues $407,716 - Charges for Services consist of Programs $67,694,
Administrative Resources $22,100, Athletics & Special Facilities $79,800, Recreation Youth
Enrichment $130,700, and Tennis $105,000. Overall, revenues are approximately 2 1 % of
budget for the period ending December 3 1 , 2005.
Total Expenditures $336,518 - Recreation Program expenditures are approximately 18%
for the first quarter, which does not include transfers.
4’
GOLF SPECIAL REVENUE FUND ANALYSIS
GENERAL NOTE:
The Balance Sheet for this fund is reported on page 32 and the Revenues and Expenditures are
reported on page 34.
The Golf Course Fund was previously accounted for as an enterprise fund. The accounting and
budgeting for the golf operation has been changed to more accurately reflect the true nature of
the operation, i.e., to provide an affordable recreational amenity to the residents of the City.
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
DECEMBER 31,2005
GOLF - SPECIAL REVENUE FUND
Budget
% Receivedl
Actual SDent
e
e
e
Revenues:
Charges for services
Interest
Miscellaneous
Total revenues
Expenditures:
Current:
Culture and recreation
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
Other financing sources(uses):
Transfers in
Bond Proceeds
Total other financing sources (uses)
Net change in fund balances
Fund balances, beginning of year
Fund balances, December 31, 2005
$ 1,254,055 $ 282,964 22.56%
10,000 1,607 16.07%
70,854 12,178 17.19%
1.334.909 296.749 22.23%
1,334,909 272,485 20.41 %
776,969 0.00%
2,111,878 272,485 12.90%
(776,969) 24,264
252,005
754,000 754,000
754,000 1,006,005
(22,969) 1,030,269
22,969
$ - $ 1,030,269
Golf Course Fund Revenue - $296,749 - Represent approximately 22% of projected
budget for the period ended.
Golf Course Fund Expenditures
projected budget for the period ended.
- $272,485 - Represent approximately 13% of
Golf Course Bond Proceeds - $754,000 - On December 19, 2005 we received proceeds
for the Series 2005 Public Improvement Note for Golf Course Improvements. The bid
opening for the greens replacement was February 3,2006.
42
CAPITAL PROJECTS FUND ANALYSIS
GENERAL NOTE:
The Balance Sheets for these funds are reported on pages 31 & 32 and the Revenues and
Expenditures are reported on pages 33 2% 34.
Road Impact Fund - Deferred Revenue $3,601,876 -This figure represents the build out
administrative time extension. During the lSf quarter, $421,500 has been drawn down for the
following projects: Borland, Donald Ross Village, Legacy Place, Mirasol PCD, and PGA
Design.
Impact Fund Revenue - $872,595 - Is only at 8% of budget and below prior year at this time
which was $1,090,476. The decrease from prior year is related to the impact of Hurricane
Wilma has had on Construction Services in the City. The break down of impact revenue is
illustrated below by project with totals as follows:
Fire $83,115 Recreation $236,019 Police $38,113 Road $51 5,348
CITY OF PALM BEACH GARDENS
IMPACT FEE REVENUE BY PROJECT
DECEMBER 31,2005
200,000
180,000
160,000
140,000
120,000
100,000
80,000
60,000
40,000
20,000
Fire Recreation Police Road
.Borland Center 16,156 6,999 149,654
.Donald Ross Viil. 6,591 29,192 4,695 13,640
OLegacy Place 22,551 8,965 78,392
.Mirasol 174,080 81,750
.Old Palm 4,960 32,352 4,315 15.248
.PGA Design Cntr I 32,857 395 13,120 176,664
Impact Fund Expenditures - $731,952 -With totals as follows:
Fire $152,475 Recreation $486,329 Road $63,75 7
43
Art $29,391
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
FIRE IMPACT
DECEMBER 31,2005
Budget
YO Receivedl
Actual SQm
Revenues:
Impact fees
Interest
Total revenues
Expenditures:
Public Safety
Capital outlay
Debt service:
Principal
Interest
Total expenditures
Net change in fund balances
$ 1,148,189 $ 83,115 7.24%
11,000 11,040 100.37%
1,159,189 94,156 8.12%
71 8,475 152,475 21.22%
72,880
10,000
0.00%
0.00%
801,355 152,475 19.03%
357,834 (58,319)
Fund balances, beginning of year 954,374 1,076,844
Fund balances, December 31, 2005 $ 1,312,208 $ 1,018,525
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
RECREATION IMPACT
DECEMBER 31,2005
Revenues:
Impact fees
Grants
Miscellaneous
Interest
Total revenues
Expenditures:
Professional Services
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
Other financing sources(uses):
Budget
YO Receivedl
Actual SDent
$ 4,514,374 $ 236,019 5.23%
32,000 64,663 202.07%
4,546,374 300,682 6.61 %
7,630,040 486,329 6.37%
7,630,040 486,329 6.37%
(3,083,666) (1 85,647)
Transfers in
Transfers out
Total other financing sources (uses)
Net change in fund balances (3,083,666) (185,647)
Fund balances, beginning of year 6,704,200 6,347,675
Fund balances, December 31,2005 $ 3,620,534 $ 6,162,028
44
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
POLICE IMPACT
DECEMBER 31,2005
Budget Actual
YO Receivedl
ss!?.nl
Revenues:
Impact fees
Interest
Total revenues
Expenditures:
Public Safety
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
Other financing sources(uses):
Transfers in
$ 788,074 ti 38,113 4.84%
5,400 12,456 230.67%
793,474 50,569 6.37%
1,166,600 0.00%
1 ,I 66,600 0.00%
(373,126) 50,569
Transfers out
Total other financing sources (uses)
Net change in fund balances (373,126) 50,569
Fund balances, beginning of year 1,537,999 1,296,262
Fund balances, December 31, 2005 $ 1,164,873 $ 1,346,831
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
ROAD IMPACT
DECEMBER 31,2005
Revenues:
Impact fees
Contributions, Donations & Miscellaneous
Interest
Total revenues
Expenditures:
Professional Services
Contribution to Developers
Capital outlay
Total expenditures
Excess (deficiency) of
revenues over expenditures
Other financing sources(uses):
Transfers in
Transfers out
Total other financing sources (uses)
Net change in fund balances
Fund balances, beginning of year
Fund balances, December 31, 2005
Budget Actual
$ 4,046,951 $ 515,348
104,691 104,691
% Received1
Soent
12.73%
100.00%
19,500 99,278 509.1 2%
4,171,142 71 9,316 17.25%
2.062
4,172,478 61,695 1.48%
4.1 72.478 63,757 1.53%
(1,336) 655,560
(700,873) (175,2181
(700,873) (175,218)
(702,209) 480,34 1
10,480,904 7,105,031
$ 9,778,695 $ 7,585,372
45
Revenues:
Impact fees
Interest
Total revenues
Expenditures:
Culture and recreation
Contributions to FDOT
Capital outlay
Total expenditures
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
ART IMPACT
DECEMBER 31,2005
Budget
YO Receivedl
Actual SDent
$ 80,000 $ 0.00%
9,600 4,664 48.58%
89,600 4,664 5.20%
374,158 29,391 7.86%
374,158 29,391 7.86%
Net change in fund balances (284,558) (24,727)
Fund balances, beginning of year 680,395 632,298
Fund balances, December 31,2005 $ 395,837 $ 607,571
Fire Impact Fund Expenditure, the $152,475 was expended on a Peterbuilt Fuel Lube
Truck. Please see page 9 & 10 in the Capital Outlay Section of the Transmittal Letter.
Recreation Impact Fund Expenditures, the $486,329 was expended for the following:
Project 2004-01 0: Howell Watkins Middle School Field Lighting Design services $5,000;
Purchase of insulated blankets and reels for $17,747 for the Burns Road Aquatic Facility;
with the remaining $463,582 expended on the BRCR ExpansiodRenovations Project.
Road Impact Fund Expenditures, the $63,757 was expended on the Kyoto Gardens Drive
Extension with $57,000 paid to Winchester Courts for window replacement and the
remaining paid to Banyan Office Condominium for the MacArthur site hydro seeding, bahia
sod and mulch.
Art Impact Fund Expenditures, the $29,391 was expended on the Municipal Complex
Artwork Lighting project and the PGA Flyover Beautification Project, with $1 8,300 for
lighting and the balance for surveying services to obtain precise measurement for each tower.
46
Other Capital Projects:
Revenues:
Interest
Total revenues
Expenditures:
Professional Services
Repairs and Maintenance
Debt Service:
Principal
Interest
Total expenditures
CIN OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
PGA FLYOVER
DECEMBER 31,2005
Budget Actual
70 Received/
SDent
800 0.00%
800 0.00%
22,500 3,750 16.67%
428,000 30.344 7.09%
170,000 0.00%
11 4,843 57,421 50.00%
735,343 91,515 12.45%
Other financing sources(uses):
Transfers in 716,000 179,000
Total other financing sources (uses) 716,000 179,000
Net change in fund balances
Fund balances, beginning of year
Fund balances, December 31,2005
(1 8,543) 87,485
21 6,017 2,211
$ 197.474 $ 89,696
PGA Flyover Capital Projects Fund - $91,515 - Government Services Group was paid
$3,750 for their continuing services regarding calculation of assessment and the
remaining expended on the flyover landscaping maintenance and mowing and debt
service interest.
CITY OF PALM BEACH GARDENS
BUDGETARY COMPARISON SCHEDULE
BURNS ROAD
DECEMBER 31.2005
Revenues:
Interest
Miscellaneous Revenues
Total revenues
Expenditures:
Professional Services
Capital Outlay
Debt Service:
Principal
Interest
Total expenditures
Other financing sources(uses):
Transfers in
Total other financing sources (uses)
Net change in fund balances
Fund balances, beginning of year
Fund balances, December 31,2005
Budget
7,500
Actual
YO Received/ m
5,123 68.31%
231,262 0.00%
238,762 5,123 2.15%
129 1,449 11 23.41 %
93,613 0.00%
425,000 0.00%
275,873 142,087 51.50%
794,615 143,536 18.06%
700,873 175,196
700,873 175,196
145,020 36,784
93,742 562,924
$ 238,762 $ 599,708
e Burns Road Improvements Fund - $143,536 - The $1,449 was paid to LBF&H for
engineering services while $142,087 was for debt service interest.
47
PROPRIETARY FUND ANALYSIS
GENERAL NOTE:
The Statement of Net Assets for this fund is reported on page 36 and the Revenues and
Expenditures are reported on page 37.
Fleet Maintenance Fund Revenues - $525,296 - Represent 25% of projected budget for
the period ending December 3 1,2005.
Fleet Maintenance Fund Expenditures - $352,359 - Represent 18% of projected budget
with $6,495 expended in Capital Outlay for an Air Compressor.
Golf Course Proprietary Fund Transfers -
$1,409,324 Transfer In to record capital contribution.
($252,004) Transfer Out to record financial resources.
The Golf Course Fund is now being accounted for as a special revenue fund. The accounting
and budgeting for the golf operation has been changed to more accurately reflect the true nature
of the operation, i.e., to provide an affordable recreational amenity to the residents of the City.
48
~ @w BEACH COUNTY,
'R(
race, economic class and e
B& Wens, the state oftb f
I
I
'the authoi
the month
Month i
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 15,2006
Meeting Date: March 2,2006
Resolution 14,2006
SubjectlAgenda Item:
Resolution 14,2006: Amendment to the Development Order of the Midtown (a.k.a.
Borland Center) Planned Unit Development (PUD)
Public Hearing & Consideration of Approval: A request by Don Hearing, agent for the
Borland Center PUD, for approval of an amendment to the development order of the
subject PUD to extend the deadline for installing all perimeter buffers adjacent to public
rights-of-way and the PGA Boulevard/Shady Lakes Drive traffic signal. Also included in this
amendment are deadlines proposed by staff for the installation of the rear landscape buffer
adjacent to the Garden Lakes PUD and the Military TraiVGarden Lakes Drive traffic signal.
The Borland Center PUD is generally located at the northeast corner of PGA Boulevard
and Shady Lakes Drive and is approximately 45 acres in size.
[XI Recommendation to APPROVE
1 Recommendation to DENY
Reviewed by: Originating Dept.:
Growth Management:
ZgersLj
Brad Wiseman
Senior Planner
City Christine Attorney Tatum d
::$E:t 6 L3
Bahareh Keshavarz-Wolfs, AlCP Action:
[XI Quasi-judicial
JXpublic Hearing
Advertised: Daniel PClark
Date: PB Post
Paper: 211 5106 ministrator
Allan Owens [XI Required - - .~
[ ] Not Required
Affected Parties:
[XI Notified
[ ] Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other&
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Resolution 14, 2006
Resolution 92, 2004
Resolution 10, 2005
Applicant Narrative
Engineering Memo
Traffic Light Schedule
HOALetters
Off-Site Mitigation
Traffic Signal Memo
Signal Request FDOT
Ms. Puglisi Response
Memo
Date Prepared: February 15,2006
Meeting Date: March 2,2006
Resolution 14,2006
Page 2 of 7
EXECUTIVE SUMMARY
The applicant has requested to amend condition number 15 of the Borland Center
development order to extend the deadline for installing landscape buffers adjacent to public
rights-of-way. The applicant has cited unforeseen reasons for the request. Currently,
condition number 15 requires the installation of such buffers within six months of issuance
of a clearing permit (August 4, 2005), which was due on February 4, 2006. Since the
applicant has missed this deadline, the City ceased issuing permits and conducting City
inspections, with the exceptions of those City inspections required for the landscape
buffers and the traffic signals.
With this development order amendment, the applicant is requesting an extension to
complete the installation of the Garden Square Boulevard buffer, PGA Boulevard buffer,
and the Shady Lakes Drive buffer. The landscape buffer adjacent to the Garden Lakes
PUD did not have a deadline for its installation. Nevertheless, staff is proposing a condition
which will require installation prior to issuance of the first Certificate of Occupancy.
The intent of the landscape buffer time limitations contained in the original development
order was to insulate the adjoining properties from the impacts of the project during
construction. In light of the uncertainties involved in the installation of the landscape
buffers, staff is proposing the installation of a six-foot high chain link fence with a privacy
tarp around the perimeter of the subject site by March 17, 2006, in-lieu of the landscape
buffers being installed by a date certain. Staff is further recommending that no permits be
issued and no inspections be performed until the fence and privacy tarp are installed.
According to the applicant, unforeseen events and delays have also caused a delay in the
signalization of the intersection of PGA Boulevard and Shady Lakes Drive. This signal was
required to be installed by August 5,2005 (condition number 31). However, it is important
to note that even if the signal had been installed in a timely manner, it would not be
functional at this time. The condition provides:
31. The applicant shall signalize the intersection of Shady Lakes Drive and PGA
Boulevard within twelve (1 2) months of the date of this development order. The signal
shall be installed to be fully operational, including all appropriate lane geometry (as
determined by Palm Beach County and the Florida Department of Transportation),
pavement markings, signage, and lighting. The simal shall be made active once the
intersection warrants a signal and meets the approval requirements of Palm Beach
County and the Florida Department of Transportation. (Emphasis added)
Engineering reports that the signal is not warranted as of this date and most likely will not
be warranted until the Borland project is substantially complete. Based upon all these
factors, staff does not object to the proposal to install the signal consistent with the
attached schedule, with a completion date of December 26, 2006
Date Prepared: February 15,2006
Meeting Date: March 2,2006
Resolution 14,2006
Page 3 of 7
In addition, the applicant is also required to bond the signalization for the intersection of
Garden Lakes Drive and Military Trail, once it is deemed necessary through a warrant
study. The traffic signal has been bonded by the applicant; however, staff has requested
the applicant to commit to its installation by a date certain with a new condition added with
this amendment. The applicant is proposing to have this signal installed by February 14,
2007.
BACKGROUND
The Borland Center is located along the north side of PGA Boulevard between Gardens
Square Boulevard and Shady Lakes Drive. On August 5, 2004, the Borland Center was
approved by City Council for the master plan approval and conditional use approvals to
allow for the development of 64,533 square feet (500-seat small theater, and 300-seat
banquet hall, Sunday School and accessory facilities) for a cultural center and church
facilities, 64,025 square feet for retail space, 19,950 square feet for restaurant space,
10,900 square feet for office space, and 225 rental units on an approximately 45-acre site,
through the adoption of Resolution 92,2004. The subject site is currently being developed
in accordance with the development plans approved by said resolution.
PROPOSED AMENDMENT
Landscape Buffers
The applicant for the Borland Center PUD has requested an amendment to condition
number 15 of the development order to extend the deadline for installing all landscape
buffers adjacent to public rights-of-way (PGA Boulevard, Gardens Square Boulevard, and
Shady Lakes Drive).
Currently, condition number 15 requires the installation of such buffers within six months of
issuance of clearing permit (August 4, 2006), which was due on February 4, 2006.
However, the applicant has indicated that installing these buffers by February4,2006, was
not possible due to the following circumstances:
PGA Boulevard Buffer
The applicant states that Florida Power and Light (FP&L) was not able to re-locate all
overhead power lines underground within the Borland site, as required by the City Code.
Because the lines will be relocated underground within the landscape buffer easement, the
under-grounding of overhead powerlines must be done prior to installing the PGA buffer.
FP&L has conducted partial work on-site, but had to stop all work on-site to direct its efforts
toward restoring the utility system damaged by Hurricane Wilma.
Additionally, staff has contacted Bellsouth, which is the entity that owns the utility poles that
house the power lines. Bellsouth has indicated to staff that upon vacation of the poles and
a release to proceed, Bellsouth could remove the poles within 30 days. FP&L has
informed staff that there was a delay in the vacation of the utility poles due to the 2005
hurricane season. FP&L has also indicated that the lead time for the vacation of the poles
Date Prepared: February 15,2006
Meeting Date: March 2,2006
Resolution 14,2006
Page 4 of I
is a minimum of three to four weeks. Once the poles are vacated, the under-grounding of
utilities may commence, followed by grading, hardscape, irrigation, and landscape
installation.
Shady Lakes Drive Buffer
The applicant has discovered a drainage pipe discharging into the site and providing legal
positive outfall for Shady Lakes Drive and the adjacent Gardens of Woodbury residential
development. The applicant is attempting to resolve this drainage conflict, which must be
completed prior to the completion of this landscape buffer.
Staff has verified that the existing permits issued by the South Florida Water Management
District (SFWMD) and the North Palm Beach County Improvement District (NPBCID)
require modification from the applicable agencies to effectuate this drainage modification.
The applicant has submitted revised plans to the City, and is in the process of coordinating
with SFWMD and NPBCID for review and approval. These approvals, and the finalized
drainage resolution, must be completed prior to the installation of this buffer.
Gardens Square Boulevard Buffer
The Seacoast Utility Authority (SUA) discovered that the water-main to be tapped to serve
the project contained asbestos material. In such cases, SUA requires that the pipe be
replaced. In order for this pipe to be replaced, the pipe must be removed from beneath
Gardens Square Boulevard, causing a road closure and the applicable approvals from the
City and SUA. This work was recently completed. This unforeseen utility work has delayed
the installation of the utilities, and subsequently the buffer.
It has also recently been brought to the City’s attention that SUA may require the
replacement of the sanitary sewer manhole to which the applicant is connecting. The
existing manhole is at a depth of at least 20 feet and would require another closure of
Gardens Square Boulevard to facilitate its replacement. SUA has indicated to the Assistant
City Engineer that the decision to replace this manhole will be made by SUA upon coring
into the structure. This replacement would further delay the utility schedule and,
subsequently, the landscape buffer installation.
Garden Lakes PUD Buffer
The existing development order does not have a deadline for the installation of the rear
landscape buffer, adjacent to the Gardens Lake PUD. However, due to proximity of
residential units, staff is proposing a new condition of approval requiring installation prior to
issuance of the first Certificate of Occupancy.
All of these factors cited by the applicant, and verified by City staff, have caused
unforeseen delays toward the installation of the PGA Boulevard, Gardens Square Drive,
and Shady Lakes Drive landscape buffers within six months from the issuance of the
clearing permit. Staff recommends that landscape buffers be installed prior to issuance
of the first Certificate of Occupancy. If the applicant fails to complete these buffers prior to
Date Prepared: February 15,2006
Meeting Date: March 2,2006
Resolution 14,2006
Page 5 of 7
the first Certificate of Occupancy, no Certificates of Occupancy will be issued and the City
will issue a stop work order for all construction activities not directlv related to the
installation of the traffic signals and landscape buffers. Once the stop work order has been
issued, construction cannot commence until all landscape buffers are completed.
In lieu of an extension for installation of the buffers, and in order to achieve adequate
buffering of the subject site, staff is recommending the installation of a six-foot high chain
link fence with a privacy tarp around the perimeter of the subject site by March 17,2006. It
is staffs professional opinion that this fence and privacy tarp will provide for a more
complete visual screen of the construction site from adjacent roadways and
neighborhoods. Furthermore, the installation of this fence can be installed several months
before the buffers are completed. Staff is also proposing that this fence be installed prior to
the Citv issuing any further inspections and permits.
Traffic Siqnals
Since the applicant has filed a development application for a major amendment, staff has
required that the applicant agree to a modification of conditions 31 and 35, which relate to
the installation of traffic signals for PGA Boulevard and Shady Lakes Drive; and Garden
Lakes Drive and Military Trail, respectively. Condition 31 of Resolution 92,2004 requires
the installation of the PGA Boulevard and Shady Lakes Drive traffic signal by August 5,
2005. However, during the Borland Center public hearing, the City Council agreed that the
City would not enforce a violation if non-compliance was beyond the control of the
applicant (Please see memo dated 7/29/05). In July of 2005, the City instructed the
applicant to submit a request for the installation of a non-warranted traffic signal for staffs
review and approval, prior to transmitting the request to Palm Beach County. Such a
request was transmitted by the City to the Florida Department of Transportation (FDOT) on
August 2, 2005 (please see attached). The next steps are the design, installation, and
acceptance of the signalization, which are all lengthy processes.
The applicant has begun the design phase for this signal. Once the applicant has
completed the design, FDOT and the Palm Beach County Traffic Division (PBCTD) must
review the design and issue a permit. The timing of reviews by other governmental
agencies and permit issuance are beyond the applicant’s control. Upon approval from
these agencies, the applicant must construct the roadway improvements (turn-lanes,
modified lane geometries) and place an order for the fabrication, delivery, and installation
of the mast arm assemblies. Staff has verified that mast arm fabrication is completed by
national companies and the fabrications are a minimum of three to fours months, which
has been delayed by the hurricane season. Once installation occurs, inspections are
required from FDOT and PBCTD. Therefore, the applicant is requesting to allow for this
traffic signal to be installed and operational by December 26,2006. The City Engineer has
been in contact with the applicable review agencies and has verified that this date is likely
the soonest this signal could be installed. The City has been provided with surety to ensure
the installation of the signal.
Condition Number 35 requires the applicant to bond the signalization for the intersection of
Garden Lakes Drive and Military Trail, once it is warranted by a warrant study, which has
Date Prepared: February 15,2006
Meeting Date: March 2,2006
Resolution 14,2006
Page 6 of 7
Shady
Lakes Drive
& PGA Blvd
Garden
Lakes
Drive &
Military
Trail
been done. However, there is no time-sensitive deadline in the existing development order
for its installation. Nevertheless, upon staffs recommendation, the applicant has committed
to its installation by February 14,2007. Similar to the Shady Lakes Drive/PGA Boulevard
signal, the design, review, permit approval, and traffic signal installation is the same lengthy
process requiring multiple government agencies to review and approve the signal. Upon
the City Engineer’s review, the likeliest date that the signal can be installed is February 14,
2007. Therefore, condition Number 35 will be amended to reflect this commitment.
Phase I Deadline Phase II
Signal 3/15/06 Signal Materials
Design Ordered
Completed
Signal 5/1/06 Signal Materials
Design Ordered
Completed
Staff recommends that the traffic signals have time certain deadlines for the required
phases of installation. If the applicant fails to complete any phase within the agreed upon
time frame, the City shall issue a stop work order for all construction activities not directly
related to the installation of the said traffic signals and landscape buffers. These phasing
deadlines are indicated below:
Deadline
16
Weeks
After
Design
16
Weeks
After
Design
Phase Ill Dead I i ne
Signal 100% 12/26/06
Installed &
Timeline Received
for Activation
Signal 100% 2/14/07
Installed &
Timeline Received
for Activation
PLANNING, ZONING, AND APPEALS BOARD (PZAB)
The PZAB reviewed the subject petition at a public hearing on February 14, 2006, and
voted 6-1 to recommend approval to the City Council. The PZAB stated that the
unforeseen obstacles presented by the applicant, and verified by staff, were legitimate
reasons for the delay of the landscape buffers and the PGA Boulevard/Shady Lakes Drive
traffic signal installation. Furthermore, the PZAB stated that staffs recommendation to link
the landscape buffer completions to issuance of the first Certificate of Occupancy was an
effective tool because it is vital for the developer to bring in tenants, which result in
profitability. The dissenting vote, Mr. Jonathan Rubins, raised a safety concern with the
lack of pedestrian access because of the closure of the Borland site sidewalk. Alternate
member Mr. Amir Kanel, also stated he did not support the proposed amendment.
During the public comment portion of the public hearing, eight residents from the
surrounding communities voiced their concerns and stated that they were not in support of
the proposed amendment. Several residents expressed their concerns with the lack of a
traffic signal at PGA Boulevard and Shady Lakes Drive. Furthermore, the residents were
also concerned with the unsightliness of the construction site and stated that a delay in the
installation of the required buffers would negatively impact their neighborhood.
A resident also voiced a concern with the shutting down of the existing public sidewalk on
the Borland site due to construction.
Date Prepared: February 15,2006
Meeting Date: March 2,2006
Resolution 14,2006
Page 7 of 7
STAFF RECOMMENDATION
In light of the aforementioned obstacles and delays, it is has become apparent that
requiring the buffers to be installed within six months from issuance of the clearing permit
was not realistic. Staff does not object to a modification of Condition 15 which will provide
that all buffers be completed prior to issuance of the first Certificate of Occupancy, if the
privacy fence described below is installed. If these buffers are not installed prior to the
issuance of the first Certificate of Occupancv, the Citv will have the authoritv to issue a stop
work order until all buffers are completed.
To remedy the situation in the interim, staff recommends that a six-foot high fence with a
privacy tarp be installed around the perimeter of the site by March 17, 2006. It is staffs
professional opinion that this fence will provide the adjacent neighborhoods and public
rights-of-way with an immediate and more complete screen of the construction site.
Furthermore, this fence can be installed several months before the buffers are completed.
Therefore, this meets the original intent of the condition, which is to adequately screen the
construction site from adjacent neighborhoods.
It is staffs professional opinion that by providing time-sensitive deadlines for each phase of
the traffic signal installations, staff has ensured that these essential improvements are
implemented in a timely fashion. Furthermore, if the applicant does not complv with a
deadline, the City will have the authoritv to issue a stop work order until that phase has
been completed.
Therefore, staff recommends approval of Resolution 14, 2006.
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RESOLUTION 14,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING RESOLUTION 92,2004,
WHICH APPROVED THE MIDTOWN (F.K.A. THE BORLAND
CENTER) PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON
THE NORTH SIDE OF PGA BOULEVARD BETWEEN GARDENS
SQUARE BOULEVARD AND SHADY LAKES DRIVE, AS
DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY
CERTAIN CONDITIONS OF APPROVAL, INCLUDING THE TIMING
FOR THE INSTALLATION OF LANDSCAPE BUFFERS AND
TRAFFIC SIGNALS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, on August 5, 2004, the City Council approved the Midtown (f.k.a.
The Borland Center) Planned Unit Development (PUD) with the adoption of Resolution
92,2004; and
WHEREAS, on February 18, 2005, the City Council approved Resolution IO,
2005 which accepting a conservation easement as an off-site upland preserve set aside
for the Borland Center PUD, approved the Plat for the Borland Center and accepted the
deed for Shady Lakes Drive; and
WHEREAS, no appeals were taken nor challenges filed from either Resolution
92, 2004 or Resolution IO, 2005; and
WHEREAS, the City received petition MISC-05-12-000011 from Cotleur Hearing,
agent for the Borland Center for Community Enrichment, for an amendment to the
Midtown (f.k.a. The Borland Center) Planned Unit Development (PUD), which is located
on the north side of PGA Boulevard between Gardens Square Boulevard and Shady
Lakes Drive, as more particularly described herein, to allow for an amendment to the
conditions of approval relating to the timing for the installation of landscape buffers and
traffic signals; and
WHEREAS, the subject site is zoned Mixed-Use (MXD) Planned Unit
Development (PUD) Overlay with an underlying zoning of Mixed-Use (MXD) and has a
future land-use designation of Mixed-Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
Date Prepared: February 21,2006
Date Prepared: February 21,2006
Resolution 14, 2006
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WHEREAS, the Planning, Zoning, and Appeals Board reviewed the subject
petition at a public hearing conducted on February 14, 2006, and voted 6 to 1 to
recommend approval to the City Council; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves a waiver pursuant to Section 78-
157, Code of Ordinances to waive the mandatory residential requirement. The non-
residential waiver is specifically limited to the approved master site plan approved
herein and its compatibility with the surrounding area based on the proposed intensities
and densities of the development. Any amendments, revisions, and/or re-design of the
project shall require a re-evaluation of the criteria applied to the proposed amendments,
revisions, and/or re-designing of the project.
SECTION 3. Section 3 of Resolution 92, 2004 is hereby amended to read: The
Master Development Plan application of Cotleur Hearing, agent for Palm Beach
Community Church / Borland Center, is hereby APPROVED on the following described
real property to permit the following development:
0 64,533 square feet for a cultural center and church facilities (500-seat small
theater / church facility with accessory uses and a 300-seat banquet hall)
0 64,025 square feet for retail / commercial use
0 19,950 square feet for restaurant use
0 10,900 square feet for professional office use and 225 multi-family units
0 a Conditional Use (CU) for a 500-seat small theater / church and 300-seat
banquet facility
on an approximately 45 &acre site located along the north side of PGA Boulevard
between Gardens Square Boulevard and Shady Lakes Drive, including the list of uses
for the PUD, attached hereto as Exhibit "A, and subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordinance:
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Date Prepared: February 21,2006
Resolution 14, 2006
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CC WC nD I CCC
9
THE PLAT OF THE BORLAND CENTER AS RECORDED IN PLAT BOOK 104,
PAGES 110 THROUGH 117, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
LAND USE/PLAN N I NG:
1.
2.
3.
Prior to the issuance of the first building permit, the Applicant shall comply with
Section 78-262 of the City Code dealing with Art in Public Places. The Applicant
shall provide art on site or make a payment in lieu of art. The Art in Public Places
Committee shall review and make a recommendation to the City Council on any
proposed art on site. If the Applicant is providing public art on site, the art shall be
installed prior to the issuance of the first Certificate of Occupancy. (Planning &
Zoning) {ONGOING)
Medical or Dental Office Use is not allowed unless the Applicant submits a traffic
equivalency analysis for review and approval by the City Engineer and Traffic
Consultant. The Applicant shall also be required to demonstrate that the parking
requirements are in compliance with the City Code. (Planning & Zoning)
{ONGOING)
Prior to the issuance of a clearing permit, the Applicant shall coordinate an on-site
meeting with the City Forester to confirm that existing and proposed landscaping,
as reflected on the proposed landscape plan, effectively screens all parking areas
from any right-of-way, while remaining in compliance with CPTED principals
incorporating view corridors for security purposes. (City Forester) {SATISFIED)
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Date Prepared: February 21,2006
Resolution 14, 2006
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4.
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Prior to the issuance of a clearing permit, the Applicant shall indicate on the site
plan the location of a transit stop and shelter along PGA Boulevard or provide staff
with verification that a transit stop is not required. If required by the Palm Beach
County Transit Authority, the Applicant shall provide an application for
administrative approval to approve the location and detailed plans and elevations
consistent with Council’s past approvals of such shelters, and shall be responsible
for the construction of the shelter prior to the issuance of the first Certificate of
Occupancy. (Planning & Zoning) (SATISFIED)
Within sixty (60) days of the effective date of this Resolution, the Applicant shall
submit a master signage program for the Planning, Zoning, and Appeals Board
and City Council review and approval. (Planning & Zoning) [SATISFIED)
Prior to the issuance of each occupational license or building permit for interior
renovations of tenant spaces, the Applicant or its agent shall submit a breakdown
by use of the gross square footage for lease for approval by the Planning and
Zoning Division. (Planning & Zoning) [ONGOING)
Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
dedicate the posted and viewed Shady Lakes Drive right-of-way to the City of
Palm Beach Gardens. (Planning & Zoning) lSATlSFlED)
LANDSCAPE/BUFFERING:
8.
9.
IO.
Within thirty (30) days of the effective date of this Resolution, the Applicant shall
revise the master site plan to include an on-site preserve area or an on-site native
plant restoration plan to provide an on-site preservation area in an approximate
location adjacent to Shady Lakes Drive or as acceptable to City staff. The
Applicant shall complete the planting of the approved area of upland native
vegetation based on the restoration plan prior to the issuance of the first Certificate
of Occupancy. (City Forester) lSATlSFlED)
Prior to the issuance of the clearing (land alteration) permit or first building permit,
the project subdivision plat shall be completed, approved by City Council, and
recorded. The upland preserve area shall be free of any encumbrances, including,
but not limited to, road rights-of-way, drainage easements, . andlor utility
easements, and shall bear a conservation easement. (City Forester)
(SAT I S F I E D)
Within ninety (90) days of the effective date of the approval, the Applicant shall
provide the City, for review and approval, an upland preserve management plan
which details how the preserve will be createdhestored and managed. (City
Forester) (SAT1 SF I ED)
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Date Prepared: February 21,2006
Resolution 14, 2006
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Prior to the issuance of the first Certificate of Occupancy, the creation/restoration
of the upland preserve area shall be completed and approved by the City Forester.
(City Forester) (ONGOING)
The Applicant shall be required to provide pedestrian scale (maximum twelve (12)
foot height) lighting along the pedestrian pathways along PGA Boulevard, Garden
Square Boulevard, and Shady Lakes Drive adjacent to its property. The updated
lighting plan for the meandering pedestrian sidewalk within the parkway/preserve
area shall be submitted within thirty (30) days of approval of the date of this
Resolution. (Planning & Zoning) [SATISFIED)
The Applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders of those
sections of public rights-of-way adjacent and/or contiguous to the Borland Center
for Community Enrichment Planned Unit Development (PUD), including:
a. PGA Boulevard from Shady Lakes Drive to Garden Square Boulevard (the
Applicant shall pay the City 50% of the total cost of maintenance of the
median).
b. Shady Lakes Drive (both east and west sides) from PGA Boulevard to the
northern terminus of its property at the time of said approval.
c. Garden Square Boulevard (west side) from PGA Boulevard to the northern
terminus of its property. (City Forester) [ONGOING)
The Applicant, successors, and assigns shall be responsible for the maintenance
and installation of the lighting, landscaping, hardscaping, and irrigation of the
areas along the adjacent roadways as required by Condition No. 13 hereinabove.
(City Forester) [ONGOING)
The Applicant shall install the landscaping and irrigation for the PGA Boulevard
parkway, the Shady Lakes Drive, Garden Lakes PUD, and Garden Square
Boulevard prior to the issuance of the first Certificate of Occupancv. To mitigate
the effects of the project, the Applicant shall install a six (6) foot hiqh chain-link
fence with a privacy tarp around the perimeter of the subject site no later than
March 17, 2006. This fence shall be removed upon completion of the landscape
buffers. w&t+wax (5) of F, o: #t&hf
-Failure of the applicant to meet this deadline shall result
in the issuance of a stop work order for the proiect for all construction activities not
required for the installation of the traffic siqnals and landscape buffers. The
issuance of such a stop work order shall be in addition to any other enforcement
methods available to the Citv for ensuring compliance with this condition. (City
Forester)
.. .
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Date Prepared: February 21,2006
Resolution 14,2006
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16. The Applicant shall convert the existing on-site PGA Boulevard parkway irrigation
and Shady Lakes Drive irrigation from reclaimed water to a private water source.
In the event that the capacity for reclaimed water is available and able to service
the subject site, the Applicant may convert the systems back to utilize reclaimed
water. (City Forester) [ONGOING)
17. In the event the City of Palm Beach Gardens, or another entity, forms a special
district pertaining to the landscape maintenance of contiguous rights-of-way, then
the Borland Center for Community Enrichment property owners association,
successors, or assigns shall automatically become a member of such special
district. This condition may be amended at any time by separate agreement
between the Applicant and the City of Palm Beach Gardens. (City Forester)
[ONGOING)
E N G I N E E RI N G/TRAN S PO RTAT IO N :
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Prior to construction plan approval, the Applicant needs to identify existing and
proposed handicap ramp locations on the construction plans. Handicap ramps
shall be provided at all sidewalks that intersect curbing along handicap-accessible
routes as required by ADA. The handicap ramps shall be labeled with the curb
ramp number from FDOT Index #304, and the Applicant shall provide a detail of
each proposed curb ramp type. (City Engineer) [SATISFIED)
Prior to the issuance of the first building permit for any structure, the Applicant
shall provide surety, acceptable to the City, for the construction of the public
improvements. The Applicant shall provide an annual evaluation and adjustment
of the surety for the public improvements to account for inflation and fluctuations of
construction costs. The annual evaluation and adjustment shall be performed
prior to the anniversary of the Development Order approval of each year. (City
Engineer) (SAT I S F I ED)
No construction or land alteration of any portion of the surface water management
system shall be undertaken until an environmental resource permit for construction
and operation of the Surface Water Management System, or portion thereof, is
issued by the South Florida Water Management District. (City Engineer)
(SAT1 S F I ED)
The Applicant shall copy to the City all correspondence to and from the South
Florida Water Management District regarding the Surface Water Management
System. (City Engineer) [SATISFIED)
The construction, operation, and/or maintenance of any elements of the subject
project shall not have any negative impacts on the existing drainage of the
surrounding areas, including, but not limited to, Shady Lakes Drive, Military Trail,
and PGA Boulevard, during construction. If at any time during the project
development it is determined by the City that any of the surrounding areas are
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Date Prepared: February 21,2006
Resolution 14, 2006
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experiencing negative drainage impacts caused by the project, it shall be the
Applicant’s responsibility to cure the impacts in a period of time and manner
acceptable to the City prior to additional construction activities. (City Engineer)
(ONGOING)
All areas designated for maintenance of the Surface Water Management System
shall be no less than 20-feet wide (minimum) with graded slopes no steeper than
8: 1 (horizonta1:vertical). No construction or landscaping shall be permitted in the
maintenance areas in a manner that will in any way restrict, impede, or otherwise
limit the use of these areas for this intended purpose. (City Engineer)
(SAT1 S F I ED)
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The Build Out date is December 31, 2004. (Planning & Zoning, City Engineer)
(ONGOING, Build-Out date extended to December 31,2007)
The Applicant shall submit any/all requests for build out date extensions to Palm
Beach County Traffic Division and the City of Palm Beach Gardens for a
coordinated review and approval. (City Engineer) {SATISFIED)
Prior to any future amendments that increase the building area, the Applicant shall
submit an updated traffic analysis to Palm Beach County Traffic Division and the
City of Palm Beach Gardens for a coordinated review and approval. The analysis
shall utilize actual traffic counts generated at the time of the amendment and
during the peak season if the amendment is submitted off season. If requested by
the City, the analysis shall include an updated traffic management plan. (City
Engineer) {ONGOING)
Prior to any future amendments, the Applicant shall permit the City access to the
site in order to perform traffic counts. (City Engineer) {ONGOING)
Upon receipt of this development order and continuing through substantial
completion of construction, the Applicant shall bi-annually provide the City with a
status report on all the approved elements of the PUD, including a summary of
completed construction and schedule of proposed construction over the remaining
life of the development order. (Planning & Zoning, City Engineer) [ONGOING)
Prior to the issuance of the first building permit or within six (6) months from the
effective date of this approval, whichever is earlier, the Applicant shall enter into a
Public Facility Agreement (PFA) with Palm Beach County, in a form acceptable to
the County Engineer, for funding of the roadway improvements for all non-assured
construction. (City Engineer) {SATISFIED)
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Date Prepared: February 21,2006
Resolution 14, 2006
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The County traffic concurrency approval is subject to the Project Aggregation
Rules set forth in the Traffic Performance Standards Ordinance. (City Engineer)
lSATl S F I ED)
The Applicant shall design and install a fullv operational traffic signal at the
intersection of Shadv Lakes Drive and PGA Boulevard. The Applicant shall
include all appropriate changes to lane geometry, pavement markings, signage,
and lighting as required bv the permitting agencies and the Citv. In order to
ensure a timely installation of the signal, the Applicant shall be required to meet
each of the following deadlines:
a. March 15.2006: On or before this date, the Applicant shall provide the Citv with
a completed design.
b. 16 weeks after the Citv receives the completed desiqn: On or before this date,
an order shall be placed for the fabrication, delivery and installation of the mast
arm assemblies (release of signal order) and documentation of that order shall
be received by the Citv. Documentation shall include a contact with the
manufacturer for verification.
c. December 26, 2006: On or before this date, the signal shall be installed and
any intersection work completed, an inspection performed bv all permitting
agencies, and a timeline provided for activation.
Failure of the applicant to meet anv deadline established herein shall result in the
issuance of a stop work order for the project for all construction activities not
required for the installation of the traffic signals and landscape buffers. The
issuance of such a stop work order shall be in addition to any other enforcement
methods available to the Citv for ensurinq compliance with this condition.
Commencing after the issuance of Certificates of Occupancy for 75% (154
dwelling units) of the residential units or 75% of the approved non-residential
square footage in the project, whichever occurs first, the Applicant shall perform
and submit an annual Signal Warrant Study for the intersections of 1) Shady
Lakes Drive and PGA Boulevard, and 2) Military Trail and Garden Lakes Drive.
The methodology of the traffic analysis shall be determined by the City Engineer.
The annual traffic analysis shall be conducted until such time as signals are
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Date Prepared: February 21,2006
Resolution 14, 2006
warranted at the above-described intersections or until two (2) years after the
issuance of the Certificates of Occupancy for 90% of the total approved square
footage (i.e., residential and non-residential) of the project. (City Engineer)
lONGOlNG)
The City shall reimburse the Applicant for the cost of the signal and installation to
the extent that the City collects pro-rata funds from other new developments
having an impact on the intersections. (City Engineer) /ONGOING)
Prior to the issuance of the first building permit, the Applicant shall post a bond or
other surety acceptable to the City in an amount equal to 110% of the cost, as
determined by the City Engineer, to install a traffic signal at the intersection of
Shady Lakes Drive and PGA Boulevard. This bond shall be maintained until the
signal is installed and accepted as required in Condition #32. (City Engineer)
/SATISFIED)
The Applicant shall design and install a fully operational traffic signal at the
intersection of Garden Lakes Drive and Military Trail. The Applicant shall include
all appropriate changes to lane geometry, p avement markinqs. siqnaqe, and
lighting for a four-way intersection as required by the permittinq aqencies and the
City. In order to ensure a timely installation of the siqnal, the Applicant shall be
required to meet each of the followinq deadlines:
a. May 1, 2006: On or before this date, the Applicant shall provide the City with a
completed design.
b. 16 weeks after the City receives the completed design: On or before this date,
an order shall be placed for the fabrication, delivery, and installation of the
mast arm assemblies (release of siqnal order) and documentation of that order
is received by the City. Documentation shall include a contact with the
manufacturer for verification.
c. February 14, 2007: On or before this date, the siqnal shall be installed and any
intersection work completed, an inspection performed by all permitting
agencies, and a timeline provided for activation.
Failure of the applicant to meet any deadline established herein shall result in the
issuance of a stop work order for the project for all construction activities not
required for the installation of the traffic signals and landscape buffers. The
issuance of such a stop work order shall be in addition to any other enforcement
methods available to the City for ensuring compliance with this condition.
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Date Prepared: February 21,2006
Resolution 14, 2006
1 MISCELLANEOUS
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The proposed master site plan does not provide for outdoor dining areas that
expand the service abilities of the restaurant uses. Requests for outdoor seating
areas with service shall be reviewed as an application for administrative approval
to the Growth Management Department and shall be required to include a traffic
equivalency analysis showing the proposed expansion of the restaurant use for
review and approval by the City Engineer and Traffic Consultant. The Applicant
shall also be required to demonstrate compliance with parking and outdoor seating
requirements of the City Code. (Planning & Zoning) {ONGOING)
Required digital files of the approved plat shall be submitted to the Planning and
Zoning Division prior to the issuance of the first building permit, and approved civil
design and architectural drawings shall be submitted prior to the issuance of the
first Certificate of Occupancy. (GIs Manager, Development Compliance Officer)
{SATl SFI ED/ONGO I NG)
Prior to the issuance of the first building permit, excluding the clearing permit, the
master property owners association documents and restrictions shall be furnished
by the Applicant to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County. (City
Atto rne y ) {SAT IS F I ED
Prior to the issuance of the first building permit, the Applicant shall submit to the
City Attorney and the Planning and Zoning Division documents demonstrating
unity of control by the Applicant or the property owners association over the entire
PUD. (City Attorney) [SATISFIED)
The Applicant shall preserve all required upland preserve set aside, no less than
4.33 acres, on the east side of Shady Lakes Drive, free of all encumbrances,
including, but not limited to, road rights-of-way, drainage easements, and/or utility
easements. Provided, however, that the Applicant may provide no more than 3.39
acres of the required upland mitigation off site, subject to approval by the City
Council of a separate instrument and subject to conditions, including, but not
limited to, the location, ratio, and management. If off-site mitigation is provided,
the Applicant shall be required to preservehestore the 0.94-acre area east of
Shady Lakes Drive, as depicted on the Master Site Plan dated April 20, 2004.
(Planning & Zoning) {SATISFIED)
In the event that off-site mitigation is provided through a conservation easement
and the underlying property is conveyed to the South Florida Water Management
District or other entity, the Applicant, successors, and assigns shall be responsible
for paying the City $250,000 for money-in-lieu of off-site mitigation within ninety
(90) days of the sale date. The Applicant shall, prior to the issuance of the first
building permit, post a bond or other surety acceptable to the City to secure this
obligation. (Planning & Zoning) {SATISFIED)
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Date Prepared: February 21,2006
Resolution 14, 2006
1 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED):
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Lighting shall not conflict with landscaping, including long-term tree growth. (Police
Department) [ONGOING)
All lighting for parking lots, parking garages, and pedestrian walkways shall be metal
halide. Metal halide lighting shall be used for the multi-use pathways, and sidewalks
within the site shall be lit at a minimum of 0.6-foot candles with 12-foot high
pedestrian scale lighting. (Police Department) {ONGOING)
Non-glare building lighting shall be installed around the entire building perimeter and
on pedestrian walkways. (Police Department) {ONGOING)
Entry signage shall be lighted. (Police Department) (ONGOING)
Timer clock or photocell lighting shall be provided for nighttime use above or near
entryways and all exits, including emergency exits. (Police Department)
{ONGOING)
Numerical addresses s ha1 I:
a. Be illuminated for nighttime visibility and be unobstructed.
b. Have bi-directional visibility from the roadway.
c. Be placed at the front and rear of each business. (Police Department)
{ONGOING)
All structures shall use the following target hardening techniques:
a. Buildings shall be pre-wired for an alarm system.
b. Doors shall be equipped with metal plates over the threshold of the locking
mechanism.
c. Glass perimeter doors shall be equipped with case hardened guard rings to
protect the mortise lock cylinder.
d. Rear doors shall have 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-removable
hinge pins. (Police Department) {ONGOING)
Exterior roll-up doors shall be target hardened. (Police Department) [ONGOING)
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Date Prepared: February 21,2006
Resolution 14, 2006
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50. If the Applicant proposes the installation of an ATM, security shall be achieved by
using the following techniques:
a. Visible from roadway(s).
b. Not obscured by any landscaping or other fixed object that would prevent clear
visibility.
c. Install a slow speed video camera that is recording 24-hours a day.
d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of
video recording .
e. Install and strategically place a convex mirror to allow operator of the ATM to
identify any approaching person(s) and/or potential suspect(s).
f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police
Department) [ONGOING)
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida
hereby approves the following seven (7) waivers:
1.
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5.
6.
Section 78-344(l)( I), Minimum Dimensions, to allow for 9-feet wide parking stalls
within the parking deck only and 9.5 feet for the area on the north side of the
residential buildings.
Section 78-250 (a)(3), Preserve Area Requirements, to allow for a reduction in the
preserve area width from 100 feet to 80 feet in the preserve along Shady Lakes
Drive.
Section 78-320(a)(4), Foundation Landscaping and Plantings, to allow for limited
use of foundation plantings throughout the site.
Section 78-364(a), Dimensions of Loading Spaces, to allow for only four (4)
reduced-width loading spaces to be used in accordance with the loading
management plan provided by the Applicant.
Section 78-344(1)(3), Parking Stall and Bay Dimensions, to allow for reduced 25-
foot side travel aisles throughout the parking garage.
Section 78-508(b), New Intersections, to allow for a reduced separation distance
of 125 feet between the southern-most ingresdegress point of the site and Garden
Square Shops driveway.
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Date Prepared: February 21,2006
Resolution 14, 2006
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7. Section 78-250(a), Preserve Area Requirements, to allow for off-site mitigation in
lieu of on site preserve area for 1.57 acres of the required set aside to a 3.39 acre
This PUD approval shall be in compliance with the following plans SECTION 5.
on file with the City’s Growth Management Department:
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3.
Cover Sheet, 07.21 -04, Cotleur-Hearing, Sheet 1 of 11.
Master Site Plan, 07.21.04, Cotleur-Hearing, Sheet 2 of 11.
Land Use Plan, 07.21 -04, Cotleur-Hearing, Sheet 3 of 11.
8. Enlarge Hardscape Plan, 04.20.04, Cotleur-Hearing, Sheet 8 of 11.
12. Pedestrian Circulation Plan, 04.20.04, Cotleur-Hearing, Sheet 1 of 1.
13. Retail Elevations & Floor Plans, 12.20.02 (Stamped 03.15.04), Marc Wiener, 5
14. Retail Building IC’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 C.
15. Retail Building ‘D’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 D.
16. Retail Building ‘E’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 E.
17. Retail Kiosk ‘A’ & ‘L’, 12.20.02 (Stamped 3.15.04), Marc Wiener, Sheet A3.01 NL.
18. Retail Building ‘F’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 F.
19. Retail Building ‘HI, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 H.
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Date Prepared: February 21,2006
Resolution 14, 2006
Retail Building ‘J’, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet A3.01 J.
Retail Building ‘K’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 K.
Retail Building ‘M’, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet A3.01 M.
Retail Building ‘N’, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet A3.01 N.
Retail Building IO’, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet A3.01 0.
Cabana /Garages / Pavilion, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet
A3.01 CGP.
Parking Structure, 12.20.02 (Stamped 03.15.04), Marc Wiener, 1 Sheet (MW PS-
1 1.
Residential Building ‘RI’ Floor Plans & Elevations, 12.20.02 (Stamped 03.1 5.04),
Marc Wiener, Sheets A2.01 R1 through A2.03 R1 & A3.01 I.
Residential Building ‘R2’ Floor Plans & Elevations, 12.20.02 (Stamped 03.1 5.04),
Marc Wiener, Sheets A2.01 R2 through A2.03 R2 & A3.01 R2.
Residential Building ‘R3’ Floor Plans & Elevations, 12.20.02 (Stamped 03.1 5.04),
Marc Wiener, Sheets A2.01 R3 through A2.03 R3 & A3.01 R3.
Photometric Plans, 03.12.04, Brannon & Gillespie, EP-1 through EP-7.
SECTION 6. This Resolution shall become effective immediately upon adoption;
provided, however, that no permits or inspections will be issued for the project site until
the fence with privacy tarp described in Condition 15 is installed.
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Date Prepared: February 21,2006
Resolution 14, 2006
PASSED AND ADOPTED this day of ,2006. 1
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CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
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Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
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BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COU NCI LM EM BER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\Midtown Resol4, 2006-final.doc
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Date Prepared: April 8,2004
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RESOLUTION 92,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WAIVER OF THE
RESIDENTIAL REQUIREMENT WITHIN A MIXED USE PROJECT
TO ALLOW FOR A MIXED USE PLANNED UNIT DEVELOPMENT
AND MEASURES; APPROVING THE MASTER DEVELOPMENT
AS THE BORLAND CENTER / PALM BEACH COMMUNITY
CHURCH (AKA PARCEL 6.0lA), LOCATED ALONG THE NORTH
SIDE OF PGA BOULEVARD BETWEEN GARDENS SQUARE
BOULEVARD AND SHADY LAKES DRIVE, AS DESCRIBED MORE
PARTICULARLY HEREIN, TO ALLOW THE DEVELOPMENT OF
64,533 SQUARE FEET FOR A CULTURAL CENTER AND CHURCH
(PUD) UTILIZING NON-RESIDENTIAL MIXED USE INTENSITIES
PLAN FOR THE APPROXIMATELY 47-ACRE PROPERTY, KNOWN
FACILITIES (500-SEAT SMALL THEATER / CHURCH FACILITY
WITH ACCESSORY USES AND 300-SEAT BANQUET HALL),
64,025 SQUARE FEET FOR RETAIL / COMMERCIAL USE, 19,950
SQUARE FEET FOR RESTAURANT USE, 10,900 SQUARE FEET
FOR PROFESSIONAL OFFICE USE, AND 225 MULTI-FAMILY
UNITS; GRANTING CONDITIONAL USE APPROVAL FOR A 500-
SEAT SMALL THEATER USE / CHURCH AND 300-SEAT BANQUET
FACILITY ; PROVIDING FOR WAIVERS; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the Palm Beach Gardens Comprehensive Plan provides for a waiver
from the residential component, thereby allowing a mixed use project to utilize non-
residential mixed use intensity measures; and
WHEREAS, the Growth Management Department has reviewed the proposed
master site plan for consistency with the criteria established by the City’s
Comprehensive Plan to determine the compatibility of the development with the
surrounding future land use and/or existing development; and
WHEREAS, the Growth Management Department has determined that said
application, as proposed for development, meets two of the four criteria necessary for
the waiver to allow non-residential mixed use intensities within a Mixed Use Planned
Unit Development (PUD) project as required by the Comprehensive Plan; and
Date Prepared: July 15,2004
Resolution 92,2004
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WHEREAS, the City received petition PUD-01-13 from Cotleur Hearing, agent
for Palm Beach Community Church, for master development approval to allow the
development of 64,533 square feet (500-seat small theater I church facility with
accessory uses and a 300-seat banquet hall) for a cultural center and church facilities,
64,025 square feet for retail I commercial use, 19,950 square feet for restaurant use,
10,900 square feet for professional office use, and 225 multi-family units, a Conditional
Use (CU) for a 500-seat small theater and church and a 300-seat banquet facility, on an
approximately 47-acre site located along the north side of PGA Boulevard between
Gardens Square Boulevard and Shady Lakes Drive, as more particularly described
herein; and
WHEREAS, the subject site has been zoned to Mixed Use Planned Unit
Development (PUD) Overlay with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Master Development Plan was reviewed by the Planning and
Zoning Commission at a public hearing conducted on February 24,2004; and
WHEREAS, the 500-seat small theater / church and a 300-seat banquet facility
have been reviewed as a Conditional Use (CU) and have met the conditional use
criteria per Section 78-52 of the City’s Land Development Regulations; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff and
WHEREAS, the City Council has determined that this Resolution is consistent
with the City’s Comprehensive Plan based on the following findings of fact:
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The applicant has satisfied the criteria established in Section 78-1 57(g)(1)
of the City’s Land Development Regulations and Policy 1.1.1.3 of the Land
Use Element of the City’s Comprehensive Plan for the requested waiver.
The applicant has met the intent of the City’s Comprehensive Plan, and the
proposed development is consistent with the Comprehensive Plan.
The applicant has demonstrated compliance with the conditional use criteria
specific to the proposed conditional uses of the 500-seat small theater /
church and a 300-seat banquet facility.
The proposed uses are not a detriment to the public safety and welfare
within the City of Palm Beach Gardens.
The applicant has provided adequate screening and buffering in order to
mitigate the impact of the proposed uses.
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Date Prepared: July 15,2004
Resolution 82,2004
6. The proposed uses are in harmony with the general purpose and intent of
the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves a waiver pursuant to Section 78-
157, Code of Ordinances to waive the mandatory residential requirement. The non-
residential waiver is specifically limited to the approved master site plan approved
herein and its compatibility with the surrounding area based on the proposed intensities
and densities of the development. Any amendments, revisions, and/or redesign of the
project shall require a reevaluation of the criteria applied to the proposed amendments,
revisions, and/or redesigning of the project.
SECTION 3. The Master Development Plan application of Cotleur Hearing, agent
for Palm Beach Community Church / Borland Center, is hereby APPROVED on the
following described real properly, to permit the following development:
0 64,533 square feet for a cultural center and church facilities (500-seat small
theater / church facility with accessory uses and a 300-seat banquet hall)
0 64,025 square feet for retail / commercial use
0 19,950 square feet for restaurant use
0 10,900 square feet for professional office use and 225 multi-family units
0 a Conditional Use (CU) for a 500-seat small theater / church and 300-seat
banquet facility
on an approximately 47-acre site located along the north side of PGA Boulevard
between Gardens Square Boulevard and Shady Lakes Drive, including the list of uses
for the PUD attached hereto as Exhibit "A", and subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordinance:
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
EAST; WITHIN THE MUNICIPAL LIMITS OF TH E CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 1,
TOWNSHIP 42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST
THE PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
RIGHT-OF-WAY LINE OF MILITARY TRAIL; LESS AND EXCEPTING THEREFROM
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Date Prepared: July 15,2004
Resolution 92,2004
PLAT BOOK 34, AT PAGE 139; ALSO LESS THAT PORTION LYING NORTHERLY
OF THE WESTERLY ELONGATION OF THE NORTH LINE OF SAID PLAT OF
GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34,
AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST QUARTER
(SW %) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR P.G.A.
IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD
OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE
202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED
RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE
CONTAINING 2,052,098 SQUARE FEET OR 47.1 10 ACRES, MORE OR LESS.
LAND USE/PLAN N I NG
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4.
Prior to issuance of the first building permit, the applicant shall comply with Section
78-262 of the City Code dealing with Art in Public Places. The applicant shall
provide art on site or make a payment in lieu of art. The Art in Public Places
Committee shall review and make a recommendation to the City Council on any
proposed art on site. If the applicant is providing public art on site, the art shall be
installed prior to the issuance of the first Certificate of Occupancy. (Planning &
Zoning )
Medical or Dental Office Use is not allowed unless the applicant submits a traffic
equivalency analysis for review and approval by the City Engineer and Traffic
Consultant. The applicant shall also be required to demonstrate compliance with
parking requirements of the City Code. (Planning & Zoning)
Prior to issuance of a clearing permit, the applicant shall coordinate an on-site
meeting with the City Forester to confirm that existing and proposed landscaping,
as reflected on the proposed landscape plan, effectively screens all parking areas
from any right-of-way, while remaining in compliance with CPTED principals
incorporating view corridors for security purposes. (City Forester)
Prior to issuance of a clearing permit, the applicant shall indicate on the site plan
the location of a transit stop and shelter along PGA Boulevard or provide staff with
verification that a transit stop is not required. If required by the Palm Beach
County Transit Authority, the applicant shall provide an application for
administrative approval to approve the location and detailed plans and elevations
consistent with Council’s past approvals of such shelters and shall be responsible
for the construction of said shelter prior to the issuance of the first Certificate of
Occupancy. (Planning & Zoning)
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Date Prepared: July 15,2004
Resolution 92.2004
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5. Within sixty (60) days of the effective date of this Resolution, the applicant shall
submit a master signage program for the Planning, Zoning and Appeals Board and
City Council review and approval. (Planning & Zoning)
6. Prior to the issuance of each occupational license or building permit for interior
renovations of tenant spaces, the applicant or its agent shall submit a breakdown
by use of the gross square footage for lease for approval by the Planning and
Zoning Division. (Planning & Zoning)
7. Prior to issuance of the first Certificate of Occupancy, the applicant shall dedicate
the posted and viewed Shady Lakes Drive right-of-way to the City of Palm Beach
Gardens. (Planning & Zoning)
LANDSCAPE/BUFFERING
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Within thirty (30) days of the effective date of this Resolution, the petitioner shall
revise the master site plan to include an on-site preserve area or an on-site native
plant restoration plan to provide on-site preservation area in an approximate
location adjacent to Shady Lakes Drive or as acceptable to City staff. The
applicant shall complete the planting of the approved area of upland native
vegetation based on the restoration plan prior to issuance of the first Certificate of
Occupancy. (City Forester)
Prior to issuance of the clearing (land alteration) permit or first building permit, the
project subdivision plat shall be completed, approved by City Council, and
recorded. The upland preserve area shall be free of any encumbrances, including,
but not limited to, road rights-of-way, drainage easements, andlor utility
easements and shall bear a conservation easement. (City Forester)
Within ninety (90) days of the effective date of this approval, the applicant shall
provide the City, for review and approval, an upland preserve management plan
which details how the preserve will be createdkestored and managed. (City Forester)
Prior to the issuance of the first Certificate of Occupancy, the creation/restoration
of the upland preserve area shall be completed and approved by the City Forester.
(City Forester)
The applicant shall be required to provide pedestrian scale (maximum twelve-foot
height) lighting along the pedestrian pathways along PGA Boulevard, Garden
Square Boulevard, and Shady Lakes Drive adjacent to its property. The updated
lighting plan for the meandering pedestrian sidewalk within the parkway/preserve
area shall be submitted within thirty (30) days of approval of the date of this
Resolution. (Planning & Zoning)
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Date Prepared: July 15,2004
Resolution 92,2004
The applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders of those
sections of public rights-of-way adjacent andlor contiguous to the Borland Center
for Community Enrichment Planned Unit Development (PUD), including:
a. PGA Boulevard from Shady Lakes Drive to Garden Square Boulevard (the
applicant shall pay the City 50% of the total cost of maintenance of the
median ).
b. Shady Lakes Drive (both east and west sides) from PGA Boulevard to the
northern terminus of its property at the time of said approval.
c. Garden Square Boulevard (west side) from PGA Boulevard to the northern
terminus of its property. (City Forester)
The petitioner, successors, and assigns shall be responsible for the maintenance
and installation of the lighting, landscaping, hardscaping, and irrigation of the
areas along the adjacent roadways as required by Condition No. 13 hereinabove.
(City Forester)
The applicant shall install the landscaping and irrigation for the PGA Boulevard
Parkway, the Shady Lakes Drive, and Garden Square Boulevard buffers within six
(6) months of the issuance of the clearing permit, or no further permits or
inspections will be issued for the project site until said landscaping and irrigation
are completed. (City Forester)
The applicant shall convert the existing on-site PGA Boulevard Parkway irrigation
and Shady Lakes Drive irrigation from reclaimed water to a private water source.
In the event that the capacity for reclaimed water is available and able to service
the subject site, the applicant may convert the systems back to utilize reclaimed
water. (City Forester)
In the event the City of Palm Beach Gardens, or another entity, forms a special
district pertaining to the landscape maintenance of contiguous rights-of-way, then
the Borland Center for Community Enrichment property owners association,
successors, or assigns shall automatically become a member of such special
district. This condition may be amended at any time by separate agreement
between the applicant and the City of Palm Beach Gardens. (City Forester)
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Date Prepared: July 15,2004
Resolution 92.2004
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ENGINEERINGKRANSPORTATION
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Prior to construction plan approval, the applicant needs to identify existing and
proposed handicap ramp locations on the construction plans. Handicap ramps
shall be provided at all sidewalks that intersect curbing along handicap-accessible
routes as required by ADA. The handicap ramps shall be labeled with the curb
ramp number from FDOT Index #304, and the applicant shall provide a detail of
each proposed curb ramp type. (City Engineer)
Prior to the issuance of the first building permit for any structure, the applicant
shall provide surety, acceptable to the City, for the construction of the public
improvements. The applicant shall provide an annual evaluation and adjustment
of the surety for the public improvements to account for inflation and fluctuations of
construction costs. The annual evaluation and adjustment shall be performed
prior to the anniversary of the Development Order approval of each year. (City
E ng i nee r)
No construction or land alteration of any portion of the surface water management
system shall be undertaken until an environmental resource permit for construction
and operation of the Surface Water Management System, or portion thereof, is
issued by the South Florida Water Management District. (City Engineer)
The applicant shall copy to the City all correspondence to and from the South
Florida Water Management District regarding the Surface Water Management
System. (City Engineer)
The construction, operation, and/or maintenance of any elements of the subject
project shall not have any negative impacts on the existing drainage of
surrounding areas, including, but not limited to, Shady Lakes Drive, Military Trail,
and PGA Boulevard during construction. If at any time during the project
development it is determined by the City that any of the surrounding areas are
experiencing negative drainage impacts caused by the project, it shall be the
applicant’s responsibility to cure said impacts in a period of time and manner
acceptable to the City prior to additional construction activities. (City Engineer)
All areas designated for maintenance of the Surface Water Management System
shall be no less than 20-feet wide (minimum) with graded slopes no steeper than
8:l (horizonta1:vertical). No construction or landscaping shall be permitted in the
maintenance areas in a manner that will in any way restrict, impede, or otherwise
limit the use of these areas for this intended purpose. (City Engineer)
TRAFFIC
24. The Build Out date is December 31,2004. (Planning & Zoning and City Engineer)
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Date Prepared: July 15,2004
Resolution 92,2004
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The applicant shall submit anylall requests for build out date extensions to the
Palm Beach County Traffic Division and the City of Palm Beach Gardens for a
coordinated review and approval. (City Engineer)
Prior to any future amendments that increase the building area, the applicant shall
submit an updated traffic analysis to the Palm Beach County Traffic Division and
the City of Palm Beach Gardens for a coordinated review and approval. The
analysis shall utilize actual traffic counts generated at the time of the amendment
and during the peak season if the amendment is submitted off season. If
requested by the City, the analysis shall include an updated traffic management
plan. (City Engineer)
Prior to any future amendments, the applicant shall permit the City access to the
site in order to perform traffic counts. (City Engineer)
Upon receipt of this development order and continuing through substantial
completion of construction, the petitioner shall bi-annually provide the City with a
status report on all the approved elements of the PUD, including a summary of
completed construction and schedule of proposed construction over the remaining
life of the development order. (Planning & Zoning and City Engineer)
Prior to the issuance of the first building permit or within six (6) months from the
effective date of this approval, whichever is earlier, the applicant shall enter into a
Public Facility Agreement (PFA) with Palm Beach County for funding of the
roadway improvements, in a form acceptable to the County Engineer, for all non-
assured construction. (City Engineer)
The County traffic concurrency approval is subject to the Project Aggregation
Rules set forth in the Traffic Performance Standards Ordinance. (City Engineer)
The applicant shall signalize the intersection of Shady Lakes Drive and PGA
Boulevard within twelve (12) months of the date of this development order. The
signal shall be installed to be fully operational, including all appropriate lane
geometry (as determined by Palm Beach County and the Florida Department of
Transportation), pavement markings, signage, and lighting. The signal shall be
made active once the intersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of
Transportation. (City Engineer)
Commencing after the issuance of certificates of occupancy for 75% (1 54 dwelling
units) of the residential units or 75% of the approved non-residential square
footage in the project, whichever occurs first, the applicant shall perform and
submit an annual Signal Warrant Study for the intersections of 1) Shady Lakes
Drive and PGA Boulevard and 2) Military Trail and Garden Lakes Drive. The
methodology of the traffic analysis shall be determined by the City Engineer. The
annual traffic analysis shall be conducted until such time as signals are warranted
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Resolution 92,2004
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at the above-described intersections or until two (2) years after issuance of
certificates of occupancy for 90% of the total approved square footage (Le.,
residential and non-residential) of the project. (City Engineer)
The City shall reimburse the applicant for the cost of the signal and installation to
the extent that the City collects pro-rata funds from other new developments
having an impact on the intersections. (City Engineer)
Prior to the issuance of the first building permit, the applicant shall post a bond or
other surety acceptable to the City in an amount equal to 110% of the cost, as
determined by the City Engineer, to install a traffic signal at the intersection of
Shady Lakes Drive and PGA Boulevard. This bond shall be maintained until the
signal is installed and accepted as required in Condition #32 hereinabove. (City
Engineer)
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At such time as a signal warrant analysis demonstrates that a signal is needed at
Military Trail and Garden Lakes Drive, applicant shall post a bond or other surety
acceptable to the City in an amount equal to 110% of the cost, as determined by
the City Engineer, to install a traffic signal at that intersection. (City Engineer)
MISCELLANEOUS
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The proposed master site plan does not provide for outdoor dining areas that
expand the service abilities of the restaurant uses. Requests for outdoor seating
areas with service shall be reviewed as an application for administrative approval
to the Growth Management Department and shall be required to include a traffic
equivalency analysis showing the proposed expansion of the restaurant use for
review and approval by the City Engineer and Traffic Consultant. The applicant
shall also be required to demonstrate compliance with the parking and outdoor
seating requirements of the City Code. (Planning & Zoning)
Required digital files of the approved plat shall be submitted to the Planning and
Zoning Division prior to the issuance of the first building permit, and approved civil
design and architectural drawings shall be submitted prior to the issuance of the
first Certificate of Occupancy. (GIs Manager and Development Compliance
Officer)
Prior to the issuance of the first building permit, excluding the clearing permit, the
master property owners association documents and restrictions shall be furnished
by the applicant to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County. (City
Attorney)
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Date Prepared: July 15,2004 Resolution 92,2004
Prior to issuance of the first building permit, the petitioner shall submit to the City
Attorney and the Planning and Zoning Division documents demonstrating unity of
control by the petitioner or the property owners association over the entire PUD.
(City Attorney)
The petitioner shall preserve all required upland preserve set aside, no less than
4.33 acres, on the east side of Shady Lakes Drive, free of all encumbrances,
including, but not limited to, road rights-of-way, drainage easements, and/or utility
easements. Provided, however, that the petitioner may provide no more than 3.39
acres of the required upland mitigation off site, subject to approval by the City
Council of a separate instrument and subject to conditions, including, but not
limited to, the following: the location, ratio, and management. If off-site mitigation
is provided, the petitioner shall be required to preservehestore the 0.94-acre area
east of Shady Lakes Drive, as depicted on the Master Site Plan dated April 20,
2004. (Planning & Zoning)
In the event that off-site mitigation is provided through a conservation easement
and the underlying property is conveyed to the South Florida Water Management
District or other entity, the petitioner, successors, and assigns shall be responsible
for paying the City $250,000 for money in lieu of off-site mitigation within ninety
(90) days of the sale date. The petitioner shall, prior to the issuance of the first
building permit, post a bond or other surety acceptable to the City to secure this
obligation. (Planning & Zoning)
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CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
42. Lighting shall not conflict with landscaping, including long-term tree growth. (Police
Department)
43. All lighting for parking lots, parking garages, and pedestrian walkways shall be metal
halide. Metal halide lighting shall be used for the multi-use pathways, and sidewalks
within the site shall be lit at a minimum of 0.6-foot candles with 12-foot high
pedestrian scale lighting. (Police Department)
44. Building lighting shall be installed around the entire building perimeter and on
pedestrian walkways. No glare lighting shall be used. (Police Department)
45. Entry signage shall be lighted. (Police Department)
46. Timer clock or photocell lighting shall be provided for nighttime use above or near
entryways and all exits including emergency exits. (Police Department)
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Date Prepared: July 15,2004
Resolution 92,2004
1 b. Have bidirectional visibility from the roadway.
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c. Be placed at the front and rear of each business. (Police Department)
48. All structures shall use the following target hardening techniques:
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Buildings shall be pre-wired for an alarm system.
Doors shall be equipped with metal plates over the threshold of the locking
mechanism.
Glass perimeter doors shall be equipped with case hardened guard rings to
protect the mortise lock cylinder.
Rear doors shall have 180degree peephole viewers.
All perimeter doors shall be equipped with hinges that utilize non-removable
hinge pins. (Police Department)
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49. Exterior roll-up doors shall be target hardened. (Police Department)
50. If the applicant proposes the installation of an ATM, security shall be achieved by
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Visible from roadway@).
Not obscured by any landscaping or other fixed object that would prevent clear
visibility.
Install a slow speed video camera that is recording 24-hours a day.
High illumination of ATM. Lighting shall be positioned so as not to cause glare of
video recording.
Install and strategically place a convex mirror to allow operator of the ATM to
identify any approaching person(s) and/or potential suspect(s).
Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police
Department)
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SECTION 4. The City Council of the City of Palm Beach Gardens, Florida
Section 78-344(1)(1), Minimum Dimensions, to allow for 9 feet wide parking stalls
within the parking deck only and 9.5 feet for the area on the north side of the
hereby approves the following seven (7) waivers:
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Resolution 92,2004
Section 78-250(a)(3), Preserve area requirements, to allow for a reduction in the
preserve area width from 100 feet to 80 feet in the preserve along Shady Lakes
Drive.
Section 78-320(a)(4), Foundation Landscaping and Plantings, to allow for limited
use of foundation plantings throughout the site.
Section 78-364(a), Dimensions of Loading Spaces, to allow for only four reduced-
width loading spaces to be used in accordance with the loading management plan
provided by the applicant.
Section 78-344(1)(3), Parking Stall and Bay Dimensions, to allow for reduced 25-
feet side travel aisles throughout the parking garage.
Section 78-508(b), New Intersections, to allow for a reduced separation distance
of 125 feet between the southern-most ingress/egress point of the site and Garden
Square Shops driveway.
Section 78-250(a), Preserve area requirements, to allow for off-site mitigation in
lieu of on-site preserve area for 1.57 acres of the required set aside to a 3.39-acre
site.
SECTION 5. This PUD approval shall be in compliance with the following plans
24 on file with the City’s Growth Management Department:
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Cover Sheet, 04.20.04, Cotleur-Hearing, Sheet 1 of 11.
Master Site Plan, 04.20.04, Cotleur-Hearing, Sheet 2 of 1 I.
Land Use Plan, 04.20.04, Cotleur-Hearing, Sheet 3 of 11.
Thoroughfare Plan, 04.20.04, Cotleur-Hearing, Sheet 4 of 11.
Site Plan, 04.20.04, Cotleur-Hearing, Sheet 5 of 11.
Site Plan, 04.20.04, Cotleur-Hearing, Sheet 6 of 11.
Site Details, 04.20.04, Cotleur-Hearing, Sheet 7 of 1 I.
Enlarge Hardscape Plan, 04.20.04, Cotleur-Hearing, Sheet 8 of 11.
Landscape Plan, 04.20.04, Cotleur-Hearing, Sheet 9 of 11.
Landscape Plan, 04.20.04, Cotleur-Hearing, Sheet 10 of 11.
Landscape Details, 04.20.04, Cotleur-Hearing, Sheet 11 of 11.
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Date Prepared: July 15,2004
Resolution 92,2004
1 12. Pedestrian Circulation Plan, 04.20.04, Cotleur-Hearing, Sheet 1 of I.
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3 13. Retail Elevations & Floor Plans, 12.20.02 (Stamped 03.15.04), Marc Wiener, 5
4 Sheets.
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6 14. Retail Building ‘C’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 C.
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8 15. Retail Building ‘D’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 D.
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10 16. Retail Building ‘E’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 E.
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12 17. Retail Kiosk ‘A & ‘L‘, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01
13 AIL.
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15 18. Retail Building IF’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 F.
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17 19. Retail Building ‘H’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 H.
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19 20. Retail Building ‘J’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 J.
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21 21. Retail Building ‘K, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 K.
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23 22. Retail Building ‘MI, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 M.
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25 23. Retail Building IN’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 N.
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27 24. Retail Building ‘O’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 0.
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29 25. Cabana /Garages / Pavillion, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet
30 A3.01 CGP.
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32 26. Parking Structure, 12.20.02 (Stamped 03.15.04), Marc Wiener, 1 Sheet (MW PS-
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35 27. Residential Building ‘RI’ Floor Plans & Elevations, 12.20.02 (Stamped 03.1 5.04),
36 Marc Wiener, Sheet A2.01 Rl through A2.03 R1 & A3.01 1.
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38 28. Residential Building ‘R2’ Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04),
39 Marc Wiener, Sheet A2.01 R2 through A2.03 R2 & A3.01 R2.
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41 29. Residential Building ‘R3’ Floor Plans & Elevations, 12.20.02 (Stamped 03.1 5.04),
42 Marc Wiener, Sheet A2.01 R3 through A2.03 R3 & A3.01 R3.
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44 30. Photometric Plans, 03.12.04, Brannon & Gillespie, EP-1 through EP-7.
45 1 46 SECTION 6. This Resolution shall become effective immediately upon adoption.
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Date Prepared: July 15,2004
Resolution 92,2004
1 PASSED AND ADOPTED this 9’’ day of RJ,~M- , 2004.
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ATTEST: W
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
mristine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
J MAYOR JABLIN ---
VICE MAYOR RUSSO -- J
J COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY J--
\\pbgsfile\Attomeybttomey~share\RESOLUTlONS~ofland center - res0 92 2004 - REVISED.dac
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Date Prepared: December 29,2004
Revised February 18,2005
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RESOLUTION IO, 2005
A RESOLUTION OF THE CITY COUNCIL OF
BEACH GARDENS, FLORIDA ACCEPTING
THE CITY OF PALM
A CONSERVATION
EASEMENT FROM PALM BEACH ACQUISITIONS LLC, A FLORIDA
BEELINE HIGHWAY, OPPOSITE THE NORTH COUNTY REGIONAL
AIRPORT, AS MORE PARTICULARLY DESCRIBED HEREIN, AS AN
LIMITED LIABILITY COMPANY, FOR A 4.6-ACRE SITE OFF THE
OFF-SITE UPLAND PRESERVE SET ASIDE TO MITIGATE 3.39
ACRES OF ON-SITE PRESERVE FOR THE BORLAND CENTER
CENTER PLAT WHICH INCLUDES A 0.94 ACRE ON-SITE
PLANNED UNIT DEVELOPMENT; APPROVING THE BORLAND
PRESERVE; ACCEPTING A DEED FOR SHADY LAKES DRIVE
CONSISTENT WITH THE BORLAND CENTER PLAT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on August 5,2004, the City Council adopted Ordinance 13,2004 and
Resolution 92, 2004, which approved the rezoning of the subject site from Planned
Development Area (PDA) to a Mixed-Use Planned Unit Development (MXD PUD) and
master development approval to allow the development of 64,533 square feet (500-seat
small theater / church facility with accessory uses and a 300-seat banquet hall) for a
cultural center and church facilities, 64,025 square feet for retail / commercial use, 19,950
square feet for restaurant use, 10,900 square feet for professional office use, and 225
multi-family units, a Conditional Use (CU) for a 500-seat small theater and church and a
300-seat banquet facility, on an approximately 47-acre site located along the north side of
PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive; and
WHEREAS, Condition 40 of Resolution 92, 2004 provides: “The petitioner shall
preserve all required upland preserve set aside, no less than 4.33 acres, on the east side
of Shady Lakes Drive, free of all encumbrances, including, but not limited to, road rights-of-
way, drainage easements, and/or utility easements. Provided, however, that the petitioner
may provide no more than 3.39 acres of the required upland mitigation off site, subject to
approval by the City Council of a separate instrument and subject to conditions, including,
but not limited to, the following: the location, ratio, and management. If off-site mitigation is
provided, the petitioner shall be required to preservehestore the 0.94-acre area east of
Shady Lakes Drive, as depicted on the Master Site Plan dated April 20, 2004.”; and
WHEREAS, Cotleur and Hearing, agent for The Borland Center and RAM
Development, has requested approval from the City of Palm Beach Gardens for an
alternative form of mitigation in lieu of on-site preservation for the Borland Center Planned
Unit Development, as permitted by Section 78-252 of the City’s Land Development
Regulations, entitled “Alternative Forms of Mitigation”; and
Date Prepared: December 29,2004
Resolution 10,2005
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WHEREAS, the Growth Management Department has reviewed said application
and has determined that the mitigation request for off-site preservation is a benefit to the
City that equals or exceeds the expected benefit that would have been derived from the
complete on-site preservation within the Borland Center Planned Unit Development (PUD);
and
WHEREAS, the City Engineer has reviewed the Borland Center plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
and
WHEREAS, Condition 7 of Resolution 92, 2004 provides: “Prior to issuance of the
first Certificate of Occupancy, the applicant shall dedicate the posted and viewed Shady
Lakes Drive right-of-way to the City of Palm Beach Gardens.”; and
WHEREAS, the Borland Center plat dedicates the posted and viewed Shady Lakes
Drive right-of-way to the City of Palm Beach Gardens; and
WHEREAS, at the request of the City, the applicant has additionally agreed to
provide a Special Warranty Deed to the City conveying the posted and viewed Shady
Lakes Drive right-of-way; and
WHEREAS, such deed has been received and is attached hereto as Exhibit “C”; 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
accepts the Conservation Easement from Palm Beach Acquisitions LLC, a Florida Limited
Liability Company, a copy of which is attached hereto as Exhibit “A,” for a 4.63-acre site off
the Beeline Highway, opposite the North County Regional Airport, as an off-site upland
preserve set aside for the Borland Center Planned Unit Development (hereinafter called
the Borland Center Mitigation Parcel), as more particularly described below:
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Date Prepared: December 29,2004
Resolution IO, 2005
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LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 41
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF
PGA BOULEVARD AND THE NORTHEAST RIGHT-OF-WAY LINE OF THE BEELINE
HIGHWAY; THENCE NORTH 53'39'33" WEST ALONG SAID NORTHEAST RIGHT-OF-
WAY LINE OF THE BEELINE HIGHWAY, A DISTANCE OF 6,339.77 FEET; THENCE
NORTH 36'22'07" EAST 585.18 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL OF LAND.
THENCE NORTH 36O22'07'' EAST 414.82 FEET; THENCE SOUTH 53'39'33" EAST A
DISTANCE OF 268.21 FEET; THENCE SOUTH 36'22'07" WEST 138.55 FEET; THENCE
SOUTH 53'39'33'' EAST 21 2.21 FEET; THENCE SOUTH 36'22'07" WEST 214.08 FEET;
THENCE SOUTH 53'39'33" EAST 100.81 FEET; THENCE SOUTH 36'22'07" WEST
153.81 FEET; THENCE NORTH 53'39'33 WEST 276.51 FEET; THENCE NORTH
36'22'07" EAST 91.05 FEET; THENCE NORTH 53'39'33" WEST 304.03 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. BEING A PORTION OF
PARCEL 18.A18 AS SHOWN ON A SURVEY PREPARED BY LINDBERG LAND
SURVEYING, INC. PREPARED FOR THE JOHN D. AND CATHERINE T. MACARTHUR
FOUNDATION ON 12/22/1998.
CONTAINING 4.63 ACRES, MORE OR LESS, AND SUBJECT TO SURVEY.
SECTION 3. This approval shall be in compliance with the following plans on file
with the City's Growth Management Department:
1. Preserve Area Management Plan, 07.06.04, Cotleur-Hearing, 13 pages.
SECTION 4. The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Borland Center plat consisting of eight (8) sheets, prepared by
Dailey-Fotorny, Inc., attached hereto as Exhibit "B."
SECTION 5. The City Council of the City of Palm Beach Gardens, Florida hereby
accepts the Special Warranty Deed from Palm Beach Community Church, Inc., a copy of
which is attached hereto as Exhibit "C," for the 2.969-acre site known as the Shady Lakes
Drive right-of-way, as more particularly described below:
A STRIP OF LAND 50.00 FEET IN WIDTH IN SECTION 1, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
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Date Prepared: December 29,2004
Resolution 10, 2005
THE NORTH 2,586.49 FEET OF THE SOUTH 2,646.49 FEET OF THE WEST 50.00
RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA.
FEET OF THE SOUTHWEST ONE-QUARTER OF SECTION 1 , TOWNSHIP 42 SOUTH,
CONTAINING 129,325 SQUARE FEET OR 2,969 ACRES, MORE OR LESS, SUBJECT
RECORD.
TO EASEMENTS RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF-WAY OF
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: December 29,2004
Resolution 10,2005
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PASSED AND ADOPTED this I&" day of &3&~ , 2005.
CITY OF P-BEACH GARDENS, FLORIDA
ATTEST:
BY:
J % in, Mayor
BY: ' Patricia Snider, Ck
City Clerk
APPROVED AS TO FORM AND
LEGAL SU F Fl Cl EN CY
BY:
Cxstine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
AYE NAY ABSENT
/ ---
\\Pbgsfile\AttorneyZattorney_share\RESOLUTlONSbccepting consewatlon easement - reso 10 2005.doc
5
1
Cotleur & Hearing
Landscape Architects
Land Planners
Environmental Consultants
Mr. Charles Wu
Growth Management Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410-4698
Re: Borland Center for Community Enrichment
(aka) Midtown
Miscellaneous Petition No. 2
Request to Modify Condition 15 of Resolution 92-2004
CH Project #981205.01
December 28,2005
Dear Charles:
On behalf of the Borland Center for Community Enrichment, please find enclosed an
application for a Miscellaneous Petition to the City Council. The Miscellaneous Petition
is a request to modify Condition 15 of Resolution 92-2004 approving the Borland
Center. Condition 15 requires that the landscape buffers for PGA Boulevard, Shady
Lake’s Drive, and Garden’s Lake’s Boulevard be completed within six months of the
issuance of the clearing permit, which occurred on August 7, 2005. The deadline for
completing the required buffer improvements is February 7, 2006.
0
Several extenuating circumstances, including the impacts associated with Hurricane
Wilma have affected the applicant’s ability to complete the required improvements. The
circumstance for each buffer is unique and addressed in more detail within the
justification that supports the petition. The applicant continues to cooperate with the
City on all aspects of the development and remains in full compliance with all Conditions
of Approval. Unlike most of the projects that have been recently approved by the City,
Condition 15 does not contain a provision for an extension to be granted by the Growth
Management for Good Cause. For this reason, we would request that this request be
expedited to the City Council for their review and approval.
CITY OF PALM BCH GDNS
Maplewood Professional Center
1934 Commerce Lane - Suite 1
Lic.# LC-COO0239
561 -747-6336 FAX 561-747-1377
http://www.cotleur-hearing.com
., upiter, Florida 33458 PLANNING & ZONING DIV
\ Mr. Charles Wu
City of Palm Beach Gardens
Borland Center for Community Enrichment
Paae 2 of 2
December 28,2005 0
As you will find in your review, there is significant public benefit that will occur as a
result of the granting of the applicant’s request for a six month time extension. We
thank you for your efforts. Should you have any questions, or need any additional
information, please do not hesitate to contact me.
Sincerely yours ,
E. Hearing, ASIA
DEH/mlb
CC: Bob Skinner
Dr. Raymond Underwood
Casey Cummings
Tony Price
Hank Gonzalez
F:\Project Documents\PALM BEACH COMMUNITY CHURCHWiswllanaous Petition #2 12-2845 Cover Ltr.doc
Cotleur & Hearing
Landscape Architects
Land Planners
Environmental Consultants
December 28,2005
J ust if icat ion Narrative
Re: Borland Center for Community Enrichment (aka) Midtown
Miscellaneous Petition No. 2
Request to Modify Condition 15 of Resolution 92-2004
CH Project #981205
The applicant is requesting modification of Condition 15 of Resolution 92-2005, in
connection with the Borland Center Planned Unit Development, (aka) Midtown.
Condition 10 of Resolution 92-2005 requires the applicant to complete the
installation of the landscape buffers for PGA Boulevard, Shady Lakes Drive and
Garden Lakes Boulevard, within six months of the date of the issuance of the
removalklearing permit. (The Clearing Permit for the project was issued on
August 7, 2005. In accordance with the provisions of Condition 15, the specified
landscape buffers are required to be completed by February 7, 2006.) Several
extenuating circumstances beyond the control of the applicant warrant and justify
the merits of the requested modification. The applicant is requesting an
additional six months to complete the improvements required by Condition 15.
The applicant has worked diligently from the August 7, 2005 date of the issuance
of the Clearing Permit to implement the construction improvements and
infrastructure required to support the project. Significant progress has occurred
and construction has proceeded without delay. Most of the activities completed
to date include partial excavation of the lake, the installation of on-site drainage,
installation of on-site water and sewer, utilities, the balancing and earth work
including the installation of building pads and other similar activities. Within the
last 60 days, several unique circumstances have been identified affecting the
three landscape buffers required by Condition 15.
PGA Boulevard Landscape Buffer
The completion of the landscaping for the PGA Boulevard buffer is continent on
several construction activities being completed. These include the construction
of required turn lanes within the PGA Boulevard, under-grounding of overhead
utilities, as well as the relocation and replacement of portions of the existing
concrete sidewalk. The most significant impact to the schedule for installing the
landscape buffer is related to the under-grounding of the overhead powerlines.
This is a benefit to the project and all of the residents of the City of Palm Beach
Gardens. (It should be noted that the applicant is only required to relocate and
underground the utilities effected by the roadway construction.C~8~~~~~ GD&
oplewood Professional Center
934 Commerce lane - Suite 1 @ upiter, Florida 33458
tic.# IC-COO0239
http://www.cotleur-hearing .corn
561-747-6336 FAX 561-747-1377 PLANNING & ZONING DIV
Justification Narrative
Borland Center for Community Enrichment (aka) Midtown
Paqe 2 of 3
December 28,2005 0
however is proposing to relocate all of the overhead utilities for the entire PGA
Boulevard frontage). The under-grounding of the overhead lines has been
delayed as a result of the ’05 hurricane season, which has affected Florida
Power & Light’s ability to engineer and schedule the under-grounding of the lines.
Hurricane Wilma, which struck South Florida in late October, impacted most of
FPL’s territory causing significant damage and several weeks of power outages.
The re-prioritization of work efforts by FP&L has delayed the under-grounding
activity. As of this date, the applicant has paid FPL in full for the under-grounding
of the overhead lines. FPL is currently completing the final Engineering design.
Within the next 2-3 weeks, the applicant will be installing underground conduitto
accommodate the under-grounding. Barring any unforeseen circumstances,
FP&L will commence their portion of the work 4-6 weeks after the
aforementioned conduit has been installed by the applicant. The under-
grounding activity is expected to take a few weeks, after which the area can be
restored, sidewalks completed, parkway lighting installed and the required
landscape buffers implemented.
We believe the under-grounding of the overhead lines provides a significant
public benefit to the City as well as enhancing the aesthetic quality of the Project.
Shady Lake’s Drive Buffer
On December 14, 2005, the applicant and representatives of the City’s
Engineering firm found a previously unidentified drainage pipe discharging into
the ditches on the Borland Center property. The subject drainage pipe appears
to be providing legal positive outfall for Shady Lake’s Drive, as well as the
Garden’s of Woodbury. The applicant is not aware of any easements or legal
authority for the said pipe to exist or to drain through the Borland Center
property.
e
In the spirit of cooperation, the applicant ceased the development activities for
the filling of the ditch and the associated grading for the western buffer and
upland preserve area. The applicant has also agreed to design and pay for the
cost of re-routing the subject drainage pipe to insure that future legal positive
outfall is maintained. Additional research is now being conducted so that the
pipes in outfall can be sized to accommodate it’s intended purpose. The final
design will require review and approval by the City Engineer and a modification
of the existing South Florida Water Management District Permit. It is our
understanding that the extent of this modification will require approval of the
South Florida Water Management District Governing Board, which will further
add to the delay. Once the design is approved and permitted, it is anticipated
that drainage structures will need to be manufactured and materials ordered to
complete the drainage. Once the drainage and legal positive outfall is
established for the road and the Gardens of Woodbury, the filling of the ditch and
the construction of the western buffer can once again commence.
F \Project Docurnents\PALM BEACH COMMUNITY CHURCHWiscsllaneous Petition #2 12-28-05 doc
Justification Narrative
Borland Center for Community Enrichment (aka) Midtown
Paae 3 of 3
December 28,2005 0
The applicant is not requesting reimbursement from the City or others for the cost
of the design, permitting or construction associated with this activity. However,
the applicant is requesting a six month extension for completing the
improvements contemplated by Condition 15. We believe this extension is in the
best interest of the citizens of Palm Beach Gardens, the residents of Shady
Lake’s and the residents of the Garden’s of Woodbury.
Shady Lake’s Drive
During the course of the construction of the underground sewer and water for the
project, Seacoast Utility Authority discovered that the water-main to be tapped to
serve the Borland Center Project contained asbestos material. It is the policy of
Seacoast Utilities to require such pipes being tapped to be replaced to the
nearest joint. While SUA has not been able to locate as-built drawings for the
subject main, it is believed that the location of the nearest joint extends
approximately 20’ into Shady Lake’s Boulevard. To accommodate SUA’S desire
to replace the asbestos pipe, it will be necessary for the roadway to be closed for
up to three days. The applicant has secured all necessary permits, including a
right-of-way permit to perform the required work. The applicant is prepared to
move forward immediately; however it is our understanding that it will take
approximately 3-4 weeks for the City to complete the notifications and advertising
for road closures, in accordance with City policy. The water-main replacement
and tap is confined to a limited area, however the de-watering necessary to
facilitate this activity occurs within the buffer area contiguous to Garden Lake’s
Drive. The aforementioned circumstances are beyond the control of the
applicant and warrant an extension of the timeframe for implementing the buffer.
All of the cost associated with the replacement of the pipe, including the repair of
the roadway will be covered by the applicant. The replacement of the asbestos
pipe is in the public interest of all the residents of the City of Palm Beach
Gardens.
0
In conclusion, there have been several extenuating circumstances beyond the
control of the applicant and the applicant’s ability to meet the requirements of
Condition 15. In addition to those stated, Hurricane’s Katrina and Wilma have
further impacted the project’s schedule and the availability of materials utilized for
infrastructure development. We believe that this request is consistent with the
spirit and intent of the Code and is off-set by significant public benefits as
detailed above.
F:\Projed Documenls\PALM BEACH COMMUNIM CHURCWiscellaneous Petition #2 12-2805.doc
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799-4243 Fax (561) 799-4281
Request :
- Planned Community Development (PCD)
Planned Unit Development (PUD)
Amendment to PCD, PUD or Site Plan
- Annexation
- Rezoning
- Site Plan Review
- Concurrency Certificate
- Time Extension
-
-
- Conditional Use
- Amendment to the Comprehensive Plan
- Administrative Appeal
- Other
Administrative Approval X Miscellaneous -
Date Submitted: Dec. 28,2005
Project Name: Borland Center- aka Midtown @ Borland Center
Owner: See Applicant Information Address:
Applicant (if not Owner): Mainstreet at Midtown Limited Partnership (Commercial
Tract)
Applicant’s Address: 3399 PGA Boulevard, Suite 450, Palm Beach Gardens, Florida
33410
Applicant’s Telephone: (561) 630-61 10
Agent: Cotleur & Hearing, Inc. Contact Person: Don Hearing / Brian Cheguis
E-Mail: dhearing@cotleur-hearing.com
Agent’s Mailing Address: 1934 Commerce Lane, Suite 1, Jupiter, Florida 33458
Agent’s Telephone Number: (561) 747-6336 ext. 113 Fax Number: (561)747-1377
FOR OFFICE USE ONLY
WH GDNS Petition Number: Date & Time Received:
Fees Received
DEC :9 2U05
PLANNING & ZONING DIV
Application $ Engineering $ e Receipt Number:
Architect: Marc Wiener, AIA Phone Number: (561)750-4111
Engineer: URS Consultants Phone Number: (561)862-1050
Planner: Cotleur & Hearing, Inc. Phone Number: (561)747-6336
Landscape Architect: Cotleur & Hearing, Inc. Phone Number: (561)747-6336
Site Information: Note: Petitioners shall submit electronic digital files of
approved projects. See attachment for details.
General Location: North of PGA Boulevard, between Garden Square Blvd., and Shady
Lakes Dr.
Address: 4751 PGA Boulevard, Palm Beach Gardens F1.33410
Section: 1 Township: 42 S Range: 42E
Property Control Number(s): 52-42-42-01 -00-000-7030 / 52-42-42-01 -00-000-7020
Acreage: 47 Acres Current Zoning: PUD-MXD Requested Zoning: PUD-MXD
Floodzone B Base Flood Elevation (BFE) Refer to Approved Plans
Current Comprehensive Plan Land Use Designation: MXD Mixed Use
Existing Land Use: Under Development Requested Land Use: MXD
Proposed Use(s) i.e. hotel, single family residence, etc.: Commercial, Office, Residential
and Institutional
Proposed Square Footage by Use:
Commercial, 19,950 SF Restaurant and 10,900 SF of General Office
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if
applicable): 225 Multi-Family Units.
64,533 SF ChurcWCultural Center, 64,025 SF
Justification
Information concerning all requests (attach additional sheets if needed.) 0
{Section 78-46, Application Procedures, Land Development Regulations}
1. Explain the nature of the request:
The applicant is requesting Modification to Condition 15 of Resolution 92-2004 to
provide for a 6 month extension to the timeframe for completing the specified landscape
buffers.
Also refer to Justification Narrative Attached here to.
2. What will be the impact of the proposed change on the surrounding area?
There will be minimum impact to the surrounding areas as a result of this request. In fact
there are numerous public benefits that will occur as a result of the request.
3. Describe how the rezoning request complies with the City’s Vision Plan and the
following elements of the City’s Comprehensive Plan - Future Land Use, Transportation,
Housing, Infi-astructure, Coastal Management, Conservation, Recreation and Open space,
Intergovernmental Coordination and Capital Improvement.
This is not applicable to this request, as the applicant is not proposing any rezoning.
4. How does the proposed project comply with City requirements for preservation of
natural resources and native vegetation (Section 78-301, Land Development
Regulations)?
This question is not applicable to this request. The aDplication continues to meet all
Sections of the Land DeveloDment Regulations. There are extenuating circumstances that
beyond the applicants control that mandate this request.
5. How will the proposed project comply with City requirements for Art in Public Places
(Chapter 78-26 1, Land Development Regulations)?
This request will not impact the AlPP requirements for the project. The applicant has
however received approval from the Council for the proDosed AIPP.
6. Has project received concurrency certification? Yes
Date received: November 29,2001
Legal Description of the Subiect Property
(Attach additional sheets if needed)
On File with City.
The subject property is located approximately
Garden
0 mile(s) from the intersection of a
Square Lake Blvd. , on the X north, east, south, west side of PGA Boulevard e (streevroad).
Statement of Ownership and Designation of Authorized Agent
Before me, the undersigned authority, personally appeared Robert Skinner who, being by
me first duly sworn, on oath deposed and says:
1. That he/she is the authorized representative of the fee simple title owner of the
property described in the attached Legal Description.
2. That he/she is requesting Misc Petition to modify Conditions of Approval in the City
of Palm Beach Gardens, Florida.
3. That he/she has appointed Cotleur & Hearing, Inc. to act as authorized agent on hisher
behalf to accomplish the above project.
Name of Owner: MAINSTREET AT MIDTOWN LIMITED PARTNERSHIP
Mainstreet at Midtown Limited Partnership,
a Florida limited partnership
By: Mainstreet at Midtown LLC, a Florida
limited liability company, its General Partner
By: Midtown Real Estate Partners Limited Partnership,
a Florida limited partnership, its sole Member and Manager
Robert Skinner, Authorized Representative
3399 PGA Boulevard, Suite 450
Palm Beach Gardens, Florida 33410
(561) 630-61 10 (561) 630-6717
Telephone Number Fax Number
bskinner@ramrealestate.com
E-mail Address
Sworn anqsubscribcd befoEme this 28th day of December, 2005.
MY Commission expires:
Applicant’s Certification
YWe affirm and certify that Ywe understand and will comply with the land development
regulations of the City of Palm Beach Gardens, Florida. INE further certify that the
statements or diagrams made on any paper or plans submitted herewith are true to the
best of my/our knowledge and belief. Further, Ywe understand that this application,
attachments, and application filing fees become a part of the official records of the City
of Palm Beach Gardens, Florida, and are not returnable.
Applicant is:
X Owner
- Lessee
- Lessee
- Agent
- Contract Purchaser
Robert Slunner, as Authorized
Representative of Owner (Signature
of Applicant)
Mainstreet at Midtown Limited
Partnership
Print Name of Applicant
3399 PGA Boulevard Suite 450
Street Address
PBG, Florida 33410
City, State, Zip Code
(561) 630-61 10
Telephone Number
(561) 630-6717
Fax Number
bskinner@,ramrealestate. corn
E-Mail Address
CONSULTING CIVIL WGINEERS,
SURVEYORS & hLADPERS
CIVIL
AGRICULTURAL @z$;iEfg;;
SURVEY & MAPPING
GIS
“Partners For Results
Value By Design”
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.lbk.com
MEMORANDUM A
TO: Brad Wiseman
FROM: Judy A. T. Dy
DATE: February 2,20dd
FILE NO. 99-4072
SUBJECT: Midtown (fka Borland Center, Phase I)
Pursuant to our status meeting Wednesday, February 1, 2006 please find the following
narrative for the Agenda Cover Memorandum (Staff Report) for Resolution 14,2006:
PGA Boulevard Buffer
Relocation of the existing overhead facilities must be done prior to completion of the
PGA Boulevard Buffer. Florida Power and Light and Adelphia Cable facilities are
currently located on poles owned by BellSouth. Staff has communicated with a
representative of BellSouth that has indicated upon vacation of the poles and a release
to proceed BellSouth could remove the poles within thirty days. Staff has
communicated with a representative of Florida Power and Light and determined there
was a delay in the vacation of the poles due to the hurricane season of 2005. FPL has
indicated the lead time for the vacation of the poles is a minimum of three to four
weeks.
Shadv Lakes Drive Buffer
Stormwater infrastructure needs to be installed to facilitate drainage of the Shady
Lakes Drive right-of-way prior to the completion of the Shady Lakes Drive buffer.
The surface water management system plans require modification and the permits
issued by South Florida Water Management District (SFWMD) and North Palm Beach
County Improvement District (NPBCID) require modification. The applicant has
submitted the revised plan to the City of Palm Beach Gardens, and is in the process of
coordinating with SFWMD and NPBCID for review and modification.
Gardens Square Boulevard Buffer
The utility (water and wastewater) connections/installation across Gardens Square
Boulevard must be done prior to the completion of the Gardens Square Boulevard
buffer. Upon excavation of the existing water distribution pipe for connection,
Seacoast Utility Authority (SUA) required replacement of a portion of the existing
water distribution pipe. This unforeseen utility work delayed the progress of the utility
installation and subsequently the installation of the Garden Square Boulevard buffer.
Additionally, SUA may require the replacement of the existing sanitary sewer manhole
to which the applicant in connecting. The existing manhole is at a depth of > 20’ and
would require the closure of Gardens Square Boulevard to facilitate the replacement.
This potential replacement would be determined by SUA upon coring into the
structure. Should SUA decide on the replacement this would delay the utility schedule
and the ultimate completion of the buffer.
Palm Beach Community Church (Borland Center)
LBFH File No. 99-4072
Page 2 of 2
Traffic Simal
The design, installation and acceptance of the signalization are lengthy processes. A
request was submitted to Florida Department of Transportation in August 2005 for the
installation of a flashing signal at the intersection of Shady Lakes Drive and PGA
Boulevard. The applicant has posted surety for the installation of the signalization at
Garden Lake Boulevard and Military Trail. The applicant has begun the design of the
signalization for both intersections at Shady Lakes Drive and PGA Boulevard and
Garden Lakes Boulevard and Military Trail. PGA Boulevard is FDOT right-of-way
therefore upon completion of the design (of the mast arms and roadway modifications)
it must be submitted to the FDOT for their review prior to submittal to Palm Beach
County Traffic Division (PBCTD) for review and permitting. The timing of these
agency reviews are beyond the control of the applicant. Upon receipt of the required
permits the applicant must construct the roadway improvements (i.e. turn lanes,
modification of lane geometries) and place the order for the fabrication, delivery and
installation of the mast arm assemblies. The mast arm fabrication is done by national
companies and the fabrication time is a minimum of three to four months. The delay in
fabrication time is due to the multiple humcanes recently. Once the installation of the
mast arms has occurred all work must be inspected and accepted by FDOT and
PBCTD. During this acceptance process and prior to activation of the signal PBCTD
requires the following measures.
Traffic signals shall flash for a minimum of 7 days prior to full operation.
For new signals (where there was no signal before), contractor shall provide
variable message signs for both major approaches seven days before and seven
days after full signal activation.
Variable messages read (for example), TRAFFIC SIGNAL WILL BE :
ACTIVE ON THURS MAR 29
and TRAFFIC SIGNAL : NOW ACTIVE
Please do not hesitate to contact to contact me should you have questions or require
additional information.
JATD/
cc: Tala1 Benothman - Palm Beach Gardens (tbenothman@pbgfl.com)
James Brown - Palm Beach Gardens Qbrown@,pbafl.com)
Jack Doughney - Palm Beach Gardens Qdounhney@,pbizfl.com)
Todd Engle - Palm Beach Gardens -)
Ron Ferris - Palm Beach Gardens (rfems@pbnfl.com)
Mark Hendrickson - Palm Beach Gardens (mhendrickson@,pbnfl.com)
Kara Irwin - Palm Beach Gardens ckinvin@pbnfl.com) -
Stacy Rundle - Palm Beach Gardens (srundle@pbgfl.com)
Christine Tatum - Palm Beach Gardens (ctatum@,pbgfl.com)
David Reyes - Palm Beach Gardens (dreyes@pbgfl.com)
Kelvin Wise - Palm Beach Gardens (kwise@,pbnfl.com)
Brad Wiseman - Palm Beach Gardens (bwiseman@,pbgfl.com)
Charles Wu - Palm Beach Gardens (cwu@pbgfl.com)
Dan Clark - LBFH, Inc. (dan-c@,lbfh.com)
Jesse Markle - LBFH, Inc. (jesse-m@lbfh.com)
INTERSECTION SIGNALIZATION SCHEDUE 01-10-06.Vsd
. . . . ..... . . . . . . ..
CITY OF PALM BCH GDNS
1
City of Palm Beach Gardens, City Council and Planning and Zoning members
Subject: Violation of our legal rights in regards to Borland Development request for non-compliance
to Resolution 92, 2004 - Date: February 9, 2006
The Shady Lakes Home Owners Association (HOA) Board of Directors was looking for the PBG
Planning Staff report in regard to the subject property. It was felt that our rights were being
jeopardized because of the lack of this report being issued prior to the February 14, 2006. In
searching the Land Development regulations for the requirement to issue such a report in a timely
manner the following additional LDR sections were identified that lead us to believe our legal rights
are being violated.
LDR Section. 78-6. Interpretation and conflict.
“(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or annul any
other ordinance, rule or regulation, statute or other provision of law, except those which are in conflict with these
provided for in this chapter. Where any provision of this chapter imposes restrictions different from those
imposed by any other provision of this chapter or any other ordinance, rule or regulation or other provision of
law, the cJrovision which is more restrictive or imposes hiuher standards will control.”
LDR Section. 78-49. Amendments to approved development orders.
“(b) Major amendments. Development order applications for major amendments are reviewed in the same
manner as the original application. Major amendments to approved development plans include the changes
listed below.
(13) Changes to developer’s agreements. Anv chanqes to an approved developer’s agreement. ”
LDR Section. 78-43. Review of applications for development order approval.
“(a) Compliance: 2) Public hearings artd workshops. All applications for development orders to consider
rezonings, major conditional uses, development order amendments, and land development regulations text
amendments shall be subject to an advettised public hearing by the planning, zoning, and appeals board and
the city council. Prior to scheduling a public hearing, the growth management department staff may schedule
one or more workshops to review the application with the planning, zoning, and appeals board. ”
LDR Section. 78-43. Review of applications for development order approval, Table 2: Development
Review Schedule requires the following actions: 1) Pre-App, 2) Submit Application, 3) Sufficiency Review, 4)
DRC Review, 5) DRC ApprovaVCertification, 6) PZAB Workshop, 7) PZAB Public Hearing, 8) Council First
Reading, and 9) Council Second Reading
The HOA has begun the LDR section of this letter of complaint with LDR 78-6 so as to point to the
most restrictive Ordinance thus discarding any conflicting Ordnance that may exist.
The Borland Developmental Order proposed amendment is considered a “DO Major Amendment”
per LDR 78-49 and the PBG Planning Staff. The planning process that has been initiated by the
Planning Staff would probably have already been completed if this change were considered a minor
amendment.
2
LDR Section. 7843. Revie!
the nine (9) steps required tt, Jbtain an approval or denial from City Council. Unless the City can
provide documentation to the HOA that all the required steps have transpired this upcoming P&Z
meeting must be postponed.
applications for development order at Jal, Table 2 clearly identifies .I
The Shady Lakes Home Owners Association (HOA) Board of Directors request the City to voluntarily
do the proper thing and cancel the February 14, 2006 as not to violate our rights.
The HOA was also informed by one of our residents that the "Affidavit of Property Owners" submitted
in behalf of the Borland project is missing the single largest Property owner that is directly impacted
by both the landscaping and traffic light issue. Parcel Control Number 52-42-42-01 -04-0000, which is
for the Publix/Caf& Chardonnay Plaza was omitted from the list although many property owners not
within 500' of this development were included in this listing. The omission of any property owner
invokes LDR 78-54(e), "Failure to Provide Notice". This LDR section states:
"Failure to comply SHALL result in an automatic postponement of the application"
In conclusion the HOA believes our rights are being violated and require this situation be immediately '
rectified. The Board has voted to take the required measures to protect the interest of the residents
of Shady Lakes.
Please maintain this letter and any staffs response to this letter, if applicable, as a permanent record
in the Borland project file.
Thank you for your consideration in this matter.
Steve Barnes-
Shady Lakes Board of Directors, President
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice-Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P&Z Chairman
Mr. Barry Present, P&Z Vice Chairman
Mr. Michael Panczak, P&Z member
Mr. Dennis Solomon, P&Z member
Mr. Randolph Hansen, P&Z member
Mr. Jonathon Rubins, P&Z member
Mr. Douglas Pennell, P&Z member
Joy Hecht (1 st Alt.)
Amir Kanel (2nd Ah.)
City of Palm Beach Gardens Attorney
Mr. Tala1 Benothman, City of Palm Beach Gardens Growth Management Director
Mr. Brad Wiseman, City of Palm Beach Gardens Planner
PGA Corridor Residents Coalition Officers
CITY t AIM BCH GDNS
City of Palm Beach Gardens, City Council members
Subject: Response to Charles Wu letter dated January 25, 2006 in regards to the Borland
Development
Date: January 30, 2006
This letter is in direct rebuttal to the City of PBG letter dated January 25, 2006 and authored by
Charles Wu.
To start this letter I have included direct excerpts from the codes and Borland Development
Order (which have not been modified from the as written verbiage!!)
LDR Section. 78-6. Interpretation and conflict.
“(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or annul
any other ordinance, rule or regulation, statute or other provision of law, except those which are in conflict
with these provided for in this chapter. Where any provision of this chapter imposes restrictions different
from those imposed by any other provision of this chapter or any other ordinance, rule or regulation or
other provision of law, the provision which is more restrictive or imposes higher standards will
control.”
LDR Section. 78-61. “Effective period of development orders and enforcement of conditions.
b) comply with one or more time requirements or failure to complv with a condition of development
approval. ” -
Suspension of development orders. Suspension of development orders may occur upon failure to
LDR Section 78-158(d). “Prohibited waivers: The waivers listed below shall not be granted by the City
Council.
(2) A waiver from the minimum reuuirements for preservation pf environmental sensitive lands as
provided in division 4 of article V. “
LDR Section 78-250. “Preserve Area Requirements. (See Preserve Area Dialog)
a)
preserve areas for environmentally significant lands.
(3)
(a) except for preserve areas for historic or specimen trees when a smaller size may be appropriate.
Minimum requirements. The minimum reuuirements listed below shall apply to all required
Minimum dimension and total area.
The minimum length or width dimension of all required preserve areas shall be at least I00 feet,
Resolution 92, 2004 Condition.9 (See Preserve Area Dialog)
“Prior to issuance of the clearing (land alteration) permit or first building permit, the project subdivision plat
shall be completed, approved by City Council, and recorded. The upland preserve area shall be free of
any encumbrances including, but not limited to, road rights-of-way, drainage easements, and/or utility
easements”
e
Resolution 92, 2004 Waiver 2 (See Presenre Area Dialog)
“Section 787-250(a)(3), Preserve area requirements, to allow for a reduction in the preserve area width
from 700 feet to 80 feet in the preserve along Shady Lakes Drive.
i
c
Before I start, please answer the following. Are the above passages correct or is there an
approved version of those passages that is not publicly available or a secret version not
available to the public? If the above passages are correct as written then I challenge the City
Council Member to read the passages in relation to the answer provided by Mr. Wu. When you
read the passages I am sure you will agree Mr. Wu’s responses do not reflect what the written
words have stated.
Preserve Area:
LDR 78-250 Section (a), Minimum Requirements. This Section ”a” has 4 sub-sections. Sub-
section (3) labeled “Minimum Dimension and Total Area” was violated by allowing Resolution
92, 2004, Waiver 2. Again, waivers are not allowed to LDR 78-250 Section (a), Minimum
Requirements.
In Mr. Wu‘s response on this issue, Mr. Wu choose to only mention 1/7 th of only one sub-
section to LDR 78-250 Section (a), Minimum Requirements. His interpretation is flawed,
improper and designed to give undue benefit to the developer at the expense of the
environment and the existing residents of the City. I will not debate that other provisions in the
land development regulation may contradict this LDR Section because if they would exist, they
would not be germane. (LDR 78-6 has been supplied in this document which requires the most
restrictive or imposes a higher standard code be followed in the event of conflict)
I challenge the City Council and Planning and Zoning members to look at the written word for
prohibited waiver and compare the language of LDR Section 78-158@). “Prohibited waivers” with
Mr. Wu’s response. You will notice that Mr. Wu embellished and added verbiage that did not
exist to suit the point he was making.
This is probably the most critical deficiency with the Borland site and Shady Lakes Board of
Directors shall take whatever actions are required to insure this violation is corrected.
Preserve Encumbrances:
In Mr. Wu’s response he totally ignored the language of Waiver 2 allowing for an 80‘ wide
preserve. This waiver #2 did not allow for less than 80’ or allow a water retention pond to
protrude into this preserve. I would like the City Council to answer the question if you were
owed $80 by someone and had a contract for payment of the owed $80 would you accept $9 as
full payment? This concept is what Shady Lakes Development is being asked to accept.
When Mr. Wu answered my letter he was kind enough to include the verbatim transcript for the
August 5, 2004 City Council meeting. Not only did Council approve the written words for 80
feet without encumbrance there was extensive dialog on this subject (see attached full page
excerpts). Council was not comfortable in regards to this issue and when you review the
attached sheets I know you will agree.
Mr. Wu’s response directs your attention to the Borland Plat. I want to point out that Council
only approved the written words in Resolution 92, 2004 (August 5, 2004). The Plat was not
submitted to council until many months after the resolution was approved. The developer had
an obligation to reconcile the Plat to the written words of Resolution 92, 2004 but did not. I
would also like to remind Council that the Borland Plat was a consent agenda item that Council
was ready to rubber stamp until opposition was voiced. The issue of what the Plat shows or
does not show is a ploy to divert the issues at hand.
* "
J
City Council granted a waiver (violating a prohibited waiver code) to allow for an 80-foot
preserve. The Borland Plat currently has isolated preserve areas that are in non-compliance
with the minimum 100 feet requirement that Council is prohibited from waiving and do not even
conform to the forbidden waiver #2.
Settle Aareement:
I am going to put some bulleted issue down and I want City Council to correct these bullets if
they are untrue:
City Council required the developer to meet with neighboring communities and attempt
to resolve our issue.
Council pleaded with neighboring communities to try to come to an agreement with the
developer
Council told the developer not to come back to Council unless they meet with
neighboring communities
Council praised the agreement and openly stated in the Council chambers that this
agreement was one of the reasons they would vote on the Borland Development
In Mr. Wu's response he stated, "The City was not party to, ...". This is an absolute breach of
trust on behalf of the City. The City required average citizens to negotiate with sophisticated
development professional and now the City is saying, "You are on your Own".
The City had imposed the same negotiation mandated requirements on other communities
including the neighboring communities to Christ Fellowship Church, Winchester Courts, Sabal
Ridge, etc. Does the City plan on using the same methodology on those communities if the
developer faults on the agreement and simply turn your backs on the existing residents of the
City?
Although this maybe a legal position and defendable in court it certainly is not an ethical
position in my opinion.
Traffic Liaht
There were 66 accidents between Military Tr and Central Blvd from August 1 2005 and January
24, 2006. This is a very busy section of PGA Blvd and a working traffic signal is long overdue
(August 1 2005 was the deadline for installation). Again RAM has ignored their responsibities an
has put drivers, bikers and walkers lives at risk and the city in a possible liability situation.
Borland,RAM or the city has shut down the sidewalk on PGA Blvd between Shady Lakes Blvd
and Garden Square thereby forcing Gardens High students to run across PGA Blvd to the
sidewalk in front of PGA Commons or worse yet to walk or ride in the bike lane against the
oncoming traffic. This is an unacceptable situation, please see that it is corrected before there
is a tragedy.
In addition American Construction a contractor performing work at the Borland site has brought
a tanker truck into Shady Lakes, taken off the storm sewer grate and extracted water for use
on the Borland site. Their truck has been parking on our grass. I asked code enforcement to put
a stop to this which they thought they did, only to have American tank truck back again on
January 30, 2006.
I don't know who is responsible for enforcement of the development order and the
administration of punishment for all these violations but someone must take responsibity and
take the proper action.
i
In conclusion the Board has voted to take the required measures to protect the the interest of
residents of Shady Lakes. Shady Lakes request the City to correct the above described defeds
in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staff's response to this letter as a permanent record in the
Borland project file.
Thank You for your consideration in this matter.
Steve Barnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph RUSSO, City of Palm Beach Gardens Mayor, w/att
Mr. Eric Jablin, City of Palm Beach Gardens Vice-Mayor, w/att
Mr. Hal Valeche, City of Palm Beach Gardens Councilman, w/att
Mr. David Levy, Ci of Palm Beach Gardens Councilman, w/att
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman, w/att
Mr. Craig Kunkle, P&Z Chairman, w/att
Mr. Barry Present, P&Z Vice Chairman, w/att
Mr. Michael Panaak, P&Z member, w/att
Mr. Dennis Solomon, P&Z member, w/att
Mr. Randolph Hansen, P&Z member, w/att
Mr. Jonathon Rubins, P&Z member, w/att
Mr. Douglas Pennell, P&Z member, w/att
Joy Hecht (1 st Alt.) , w/att
Amir Kanel (2nd Alt.) , w/att
City of Palm Beach Gardens Attorney, w/att
Mr. Tala1 Benothman, City of Palm Beach Gardens Growth Management Director, w/att
Mr. Walter Schmidt, Garden Lakes Board of Directors, President, w/att
PGA Corridor Residents Coalition Officers, w/att
Attachment: Charles Wu letter dated January 25, 2006
City of Palm Beach Gardens, Planning and Zoning members
Subject: Borland Development request for non-compliance to Ordinance 13 2004 requirements
Date: January 15,2006
The Shady Lakes Home Owners Association (HOA) Board of Directors approved (last week prior to
the HOA having knowledge of the Borland recent request) sending a letter of non-compliance and
expectations for compliance to the City of Palm Beach Gardens (see attached letter). It is interesting
that the very items of concern that the HOA wants enforced, Borland is asking not to comply with for
an extended period of time.
The HOA would first want to express our displeasure with the illegally noticed City of Palm Beach
Gardens public hearing notice number 317185(regards to Borland site). The Shady Lakes HOA had
no reason to believe that the City did not have the right to issue such a public hearing notice, as
described above, knowing that the City has a fiduciary responsibility to the existing residents of Palm
Beach Gardens. This issue was raised by one of our residents that follows the progress of this
development and alerted the City of a posting violation. The HOA finds it very troublesome that
without citizen intervention Borland would have gotten away with violating the legal rights of the
Citizens of Palm Beach Gardens. Is it true that this illegal action was reviewed and authorized by the
City of Palm Beach Gardens Clerk’s office that is responsible for publishing public hearing notice?
This letter shall address the issues in the same order as is identified in the Borland letter requesting
relief from the requirements of Ordinance 13 2004.
Ordinance 13, 2004. Condition 15
Requirement: ‘The applicant shall install the landscaping and irrigation for the PGA Boulevard Parkway, the
Shady Lakes Drive and Garden Square Boulevard buffers within six (6) months of the issuance of the clearing
permit, or no further permits or inspections will be issued for the project site until said landscaping and imgation
are completed.
PGA Blvd Landscape Buffer:
Borland Justification:
1. The existing overhead electrical lines are to be placed underground and this would be
a great benefit to all the residents of the City. The completion of this effort is months
away.
2. Turn lanes need to be cut into PGA Blvd to allow entrances for the Borland
Development from PGA Blvd.
3. Hurricane Wilma delay
Shady Lakes HOA rebuttal: (listed per Justified item)
1. The existing overhead electrical lines are totally within the PGA Blvd 120’ wide right-of-
way. This existing pole line is only feet away from the actual roadway lanes. To
further support this position, please look at the Borland site plan that was required to
i
identify all easement. You will notice that the electric utility does not have an easement
along this boarder as the developer wishes you to believe but the site plan actually
shows the electric pole (and overhang) totally within PGA Blvd property.
2. Turn lanes and roadway work along PGA Blvd are not a new issue. These entrances
were planned and established years ago. To state the entrances are not established to
_~_ ___ date is not a valid excuse. The Developer, in order to gain approval for hisproject and
to entice the surrounding developments to sign an agreement, did in fact agree to
establish perimeter buffers with full knowledge of the required roadway work
requirements along with the associated timetables. For clarification the turn lanes are
identified on the Borland Plat (Ord. 104, Page 114) and are approx 7 feet wide parallel
to PGA Blvd, thus not creating any conflict with the required landscape buffer as
claimed.
~
3. Hurricane Wilma came in on a Monday and I remember it clearly because Borland
construction was operating all day Sunday (7:OO am to dusk), the day before Hurricane
Wilma. As we worked putting up our shutters the continuous sounds of heavy
equipment rang thru. May be the developer used Sunday for a Hurricane Wilma make-
up day similar to a missed school day in violation to the City ordinance prohibiting work
on Sunday, prior to 12:OO noon.
Shadv Lakes Drive Landscape Buffer:
Borland Justification:
1. 'IA prewousfy unidentifikd underground dminage pipe was dimverd. "The subject drainage
pi@ appears to be providing feaal posilive ouffall for Shady Lakes Drive, as well as Gardens of
W&beV.
2. The Seacoast Utility water main to be utilized to serve the Borland site contains
asbestos and that asbestos laden portion of the pipe needs to be replaced. It is
believed that this portion of contaminated pipe is located approximately 20' into Shady
lakes drive.
Shady Lakes HOA rebuttal: (listed per Justified item)
1. This unidentified pipe may have not been conclusively identified but the easement
containing the unidentified pipe was known and in fact it was identified in the Special
Warranty Deed, Exhibit A, page 2, between Palm Beach Community Church and the
City of Palm Beach Gardens, dated November 19, 2004 for Shady Lakes Drive right-of-
way. Exhibit "A" was prepared by a land survey company and this Exhibit 'A" is dated
November 08, 2004 (Ord. 17794, Page 1700). It is interesting that Borland used the
words "providing /em/ positive ouffall ,, because the drainage pipe discharged water
into a legally established drainage canal (easement recorded Ord. 291 0, Page 56 and
Ord. 261 1 , Page 806) that not only served as drainage but also possibly provided a
water replenishment source to the established wetlands on this site.
This raises another concern brought to the attention of the South Florida Water
Management District about the amount of water continually present in the drainage
area. In the "Individual Environmental Resource Permit Staff Report" that identified
2.08 acres of wetland on the Borland site, rainfall was the only listed recharge for the
wetlands. Now knowing that the wetlands had a supplemental water source the
wetlands should be re-established or re-evaluated to insure the environment issues
have not been compromised.
2. The Seacoast water pipe in item 2 is an existing IO" water main that is clearly shown
on the Borland Master Utility plan as being within the Shady Lakes right-of-way and
not on Borland property. The location of this pipe allows the required work to be
performed. As before, the development always required a water tie-in and the issue of
asbestos laden piping has no bearing on the installation of the required buffer.
Garden Square Boulevard
Borland Justification
1. No justification was provided, Borland just does not want to do what is required at this
time
~
1. Require the developer to adhere to the landscape buffer requirements on the timetable
required within Ordinance 13, 2004.
__ -2 _Shaddy_LakeslLQBcebw~~~~ited per Justified item) - -~ ~-~- ~ ~ ~ ~
The above justifications are non-issues in regards to the Landscape buffer required plantings
and should have never been used as a justification and must not be considered.
Traffic Liqhts Condition 31 :
Condition 31
Requirement: “The appliwnt shallsignahze the intersection of Shady Lakes Drive and PGA Boulevard within 12
months of the date of this development order. The signal shall be installled to be ful& operationaJ including all
appmpriate lane geomeby (as determind by Palm Beach County and the Florida Deprlment of
Transpodation), pavement markingss, s@nage, and lighting. The signal shall be made active once the
internon warants a signaland meets the approval rquirements of Palm Beach County and the Florida
Depa/tment of Transpodation“
Ordinance 13 2004 was approved August 5,2004 and the 12 months noted in Condition 31 above
has been expired for some time. The HOA demands that this condition be enforced prior to any
roadways/entrances being established on Shady Lakes Drive. The City must suspend all
development on this site until this condition is satisfied.
As a point of interest last week (approximately January 5, 2006) there was a very serious accident on
the corner of Shady Lakes Drive/Hickory and PGA Blvd that required the attention of the Fire
Department and medical response teams. There is a good likelihood that this accident would have
been prevented if the required light had been installed 6 months previously as required by Ordinance
13 2004. If the woman who was injured in this accident was aware of the facts in this matter, I believe
that the City would have considerable liability in this situation. This is now a known issue and if any
additional people have accidents or get injured due to lack of the traffic signal at this intersection, I am
sure all these facts will surface. The Shady Lakes HOA representative went to the PBG police
department to obtain a copy of this accident report but the City has a policy of not disclosing the
names of accident victims for two months. The HOA will revisit the City in two months to get this
accident report and all accident reports since August 5, 2005.
If you allow this requirement to be postponed as the developer wants, the City may be viewedas
condoning an action in complete favor of a developer. This action would be very unfavorable and
create a credibility issue with the City. This traffic light is a safety feature required by the development
order to be installed by a certain time. Allowing the developer not to install a safetyfeature is an open
omission that developer profit takes presidents over the safety and welfare of existing residents of the
City.
Various people haye qwstioned this traffic light issue and the central reason given for theddays was
“who will pay for this li@t”. Apparently there is a dialog between developments on both sideafPGA
Blvd and Military Trail discussing the shared cost of these traffic lights. It seems very simple that
Ordinance 13 2004 is tly development order generated for the Borland project. Borland is deriving
the benefit from Ordirmqe 13 2004, therefore Borland and Borland along should be obligated to pay
the entire cost of the t~pffic lights.
1
8 The decision on the traftic light could truly turn out to be a life and death decision. Is the P(Lz
Board qualified to make such a decision and comfortable with the possible consequences of
that decision? To be partly responsible for the possibility of the loss of human life or human
suffering is an awesome burden.
Expedited Permittinq
-- The Borland PUD does not offer Z6eadded employmestherefore-this provis/bnlwhichisrFe%F
not enacted, is not applicable to this site and must not be considered.
While Borland is asking forgiveness for breaking the requirements of Ordinance 13, 2004 the following
condition 9 needs to be addressed.
Condition 9
Requirement: ?nor to ksuance of the cleanhg (land alteration) permit or fi& building perm& the projecS
subdivision plat shall be mnpleted, approved by CiZy Council, and record&. 73e upland preserve area shall be
free of any encumbrances incluaing, but not bmited tol road rights-ofiway, drainage easements, and/or utibly
easements"
The Borland site plan identifies a utility easement that encumbers the required preserve areas. The
site plan was approved therefore it is assumed that this easement exists or it would not have been
shown on the site plan. During the P8Z and City Council evaluation process of this site for the current
issue before the P&Z members, this issue needs to be corrected to be in accordance with Ordinance
13 2004. There are additional issues associated with the preserve on this site that were delineated in
the HOA letter to City Council dated, January 13, 2006.
Upon reading Ordinance 13 2004, it is believed that provisions of this document are in jeopardy of not
being complied with or are already in non-compliance with the development order and the HOA has
the expectation that the development order in full verbatim compliance and strictly enforced. Shady
Lakes expects the Land Development Regulation 78-61 (b) be invoked and all work suspended on the
Borland site until the development order has been complied with.
LDR Wion. 78-61. "Effdve petM of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may mur upon hilure to omply
with one or more time requikements or failure to cvmply with a condition of development apprvval.
In summary the reasons used to justify the time extension can be summed up in two words, WHO
CARES. All construction sites of this magnitude require underground facilities, roadway work and
deal with still undetermined interferences. The developer prior to agreeing to terms that were used to
appease and entice adjoining neighborhoods should have calculated the time required to perform this
effort.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Shady Lakes. The HOA believes the developer has not provided adequate justification to
be granted the requested extension and wants the existing conditions of the development order to be
strictly enforced.
This is an issue for those who care about accuracy. Borland site is currently approximately 44 acres
not 47 acres.
Please maintain this letter and any staffs response to this letter, if applicable, as a permanent record
in the Borland project file.
Thank you for your consideration in this matter.
Stever 3arnes
Shady Lakes Board of Directors, President
- __ __ __ - -~ - - -
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice-Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jody Barnett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P&Z Chairman, w/att
Mr. Barry Present, P&Z Vice Chairman, w/att
Mr. Michael Panczak, P&Z member, w/att
Mr. Dennis Solomon, P&Z member, w/att
Mr. Randolph Hansen, P&Z member, w/att
Mr. Jonathon Rubins, P&Z member, w/att
Mr. Douglas Pennell, P&Z member, w/att
Joy Hecht (1 st Alt.) , w/att
Arnir Kanel (2nd Alt.) , w/att
City of Palm Beach Gardens Attorney
Mr. Tala1 Benothman, City of Palm Beach Gardens Growth Management Director, w/att
PGA Corridor Residents Coalition officers
Attachment: HOA letter to City Council dated, January 13, 2006
Palm Beach Gardens, FC 33418
City of Palm Beach Gardens, City Council members
Subject: Borland Development preserve along Shady Lakes Drive not provided in violation of
Ordinance 13, 2004
Date: January 12, 2006
It has been brought to the attention of the Shady Lakes Home Owners Association (HOA) Board of
Directors that the 80 feet preserve of Ordinance 13, 2004 that was promised to the Shady Lakes
HOA, as an enticement to sign the Settlement Agreement on the Borland parcel has not been
provided.
The proposed Development Order, Ordinance 13, 2004, which was approved August 5, 2004
provided for waiver #2 that allowed the reduction of the required ”Preserve” from the minimum
required 100 feet to 80 feet.
The Shady Lakes HOA had no reason to believe that the City did not have the right to grant such a
waiver, as described above, knowing that the City Council has a fiduciary responsibility to the
existing residents of Palm Beach Gardens. Since that time, the following information has been
brought to the attention of the HOA.
LDR 78-158(d) lists three very specific ‘Prohibited Waivers”that City Council cannot grant. One of
these waivers LDR 78-158(d)(2) does not allow City Council to waive the minimum
reauirements for environmental areas (Le.; preserves). LDR 78-250(a)(3) lists the minimum
dimension of a preserve as 100 feet (width and/or length). City Council granted a waiver
(violating a prohibited waiver code) to allow for an 80 foot preserve. The Borland Plat currently
has isolated preserve areas that are in non-compliance with the minimum 100 feet requirement
that Council is prohibited from waiving. LDR 78-241 states the purpose of the Environmentally
Sensitive Land ordinance as follows: ‘Protect the ecological values and functions’:
It was also brought to the attention of the HOA that the Borland Project did not even observe the
City Council granted 80 feet preserve waiver. The promised 80 feet preserve is much smaller
than the 80 feet granted by City council via the development order due to the position of the lake
provided along the west end of the property. The two extremely small preserves will not support
the stated purpose of LDR 78-241. The Borland Project team did not self-disclose this change in
preserve type that is self-serving and not in the interest of the City, the neighboring Communities
or the environment. Regardless of whether this was an omission, an oversight or an intentional
violation, the Borland development was allowed to violate the City code and was granted a
prohibited waiver, and with a City Staff recommendation “for approval” for good measure.
The HOA expectation is that City Council reverse the previously granted Ordinance 13, 2004 waiver
#2 and require Borland to re-plat their development to comply with the City Codes.
Upon reading Ordinance 13, 2004, it is believed that other provisions of this document are in
jeopardy of not being complied with or are already in non-compliance with the development order
-- - and the~OA~~fh~e~~-~a~~n-t~~€he-~o~~n~o~erinlRIrrbatimco~p~anceand
strictly enforced. Shady Lakes expects the Land Development Regulation 78-61(b) be invoked and
all work suspended on the Borland site until the development order has been complied with.
___ ~
LDR Section. 78-61. "Eflective period of development orders and enforcement of conditions.
b) Suspension of development orders. Suspension of development orders may occur upon failure
to comply with one or more time requirements or failure to comply with a condition of
development approval. "
Condition 9
Requirement: "nor to &suance of the clearing (land alteration) permit or first buildhg permit, the
project subdvkion plat shall be complete@ approved by CXy CounciJ and recorded 73e upland
preserve area shall be fiee of any encumbrances including, but not limited to, road r@hts-of-way,
drainage easements, and/or uL4'i@ easements"
Concern: Borland Plat extends the site required water retention pond into the required preserve,
thus being in violation of Condition 9.
Condition 15
Requirement: '' The applicant shall install the landscaping and irrgation for the P GA Boulevard
Parkway, the Sbady Lakes Drive and Garden Square Boulevard buflers within sk (6) months of the
issuance of the clearing permi4 or no further permits or inspections will be &sued for the project
site until said landscaping and irrbation are completed
Concern: The clearing permit was issued August 2005 and the HOA will expect the City to enforce
this condition as written. Borland currently has less than one month to complete this effort.
Today, January 11, 2006 new stakes were noticed along Shady Lakes Drive that appear to be
provided as a guide to cut-in an exit point from the site. If this assumption is correct, this is
unacceptable because of the Condition #15 and the location of this exit point is in a location that
has a buffer. There shall be an established buffer as shown on the Plat in less than 1 month or
Borland construction must be suspended per the development order.
Condition 31
Requirement: "The applicant shall s&naIke the intersectlbn of Shady Lakes Drive and PGA
Boulevard within 12 months of the date of th& development order. The s@nal shall be installed to
be fully operational, includng a! appropriate lane geometty (as determined by Palm Beach County
and the Horida Department of ??anspottation)/ pavement markngs/ s@nage/ and fighting. The
signal shall be made active once the intersection warrants a s@nal and meets the approval
requirements of Palm Beach County and the Florida Depattment of Transportation"
Concern: Ordinance 13 2004 was approved August 5, 2004 and the 12 months noted in Condition
31 above has been expired for some time. The HOA demands that this condition be enforced prior
to any roadways/entrances being established on Shady Lakes Drive. The City must suspend all
development on this site until this condition is satisfied.
As a point of interest last week (approximately January 5, 2006) there was a very serious accident
on the corner of Shady Lakes Drive/Hickory and PGA Blvd that required the attention of the Fire
Department and medical response teams. There is a good likelihood that this accident would have
been prevented if the required light had been installed 6 months previously as required by
Ordinance 13, 2004. If the woman who was injured in this accident was aware of the facts in this
- m3TfmJ ~elie~~~th~w~~~avecOnSiderablelia6ility~t~s~~~a~. This is now a
known issue and if any additional people have accidents or get injured due to lack of the traffic
signal at this intersection, I am sure all these facts will surface,
____ __ - - -
Waiver 7
Requirement: 'Fresene area requiremenr', to allow for of-site mitMation in lieu of on-site
preserve area for 1.57acres of tbe required set asides to a 4.6-acre site"
Concern: This site had approximately 20 acres of environmentally sensitive land thus requiring
over 4 acres of preserve to be established on this site. This site currently has less than 1 acre of
preserves, thus not meeting the minimum requirement and being far less than required by waiver
7. It is the HOA's expectation that the required preserve be established in accordance with this
waiver, which was utilized as an incentive and enticement to sign the Settlement Agreement on
the Borland parcel.
Now that the Board of Directors of Shady Lakes is aware of and understands the various defects in
the Borland site plan, we are saddened that the City would give overwhelming advantages to
developers over the environment, quality of life and residents of the City. The above issues are
only what the HOA board, as laymen, have been able to determine have been overlooked in favor
of the developer and we believe a comprehensive review of all requirements should be conducted
to insure the laws and processes have been fairly applied.
In conclusion the Board has voted to take the required measures to protect the interest of the
residents of Shady Lakes as applicable, send this letter and to request the City to correct these
defects in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staffs response to this letter, if applicable, as a permanent
record in the Borland project file.
Thank you for your consideration in this matter.
Steve Barnes
Shady Lakes Board of Directors, President
cc: Mr. Joseph RUSSO, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice-Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jdie Barnett, City of Palm Beach Gardens Councilwoman
City of Palm Beach Gardens Attorney
PGA Corridor Residents Coalition Officers
02-01-06 P12:IO I
Woodberry Lakes Homeowners’ Association, Inc.
(aka Gardens of Woodberry)
c/o Associated Property Management of the Palm Beaches, Inc.
1928 Lake Worth Road, Lake Worth, Florida 33461
Tel: 561 -588-721 0 Fax: 588-241 1
January 30,2006
City of Palm Beach Gardens
City Council Members
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Borland Development Preserve Along Shady Lakes Drive not provided in
violation of Ordinance 13, 2004
The Woodberry Lakes Homeowners’ Association, Inc. Board of Directors approved
sending a letter of non-compliance and expectations for compliance to the City of
Palm Beach Gardens. It is interesting that the very items of concern that the HOA
wants enforced, Borland is asking not to comply with for an extended period of time.
It has been brought to the attention of the Woodberry Lakes Homeowners’
Association, Inc. Board of Directors that the Borland plat currently has isolated
preserve areas that are in non-compliance with the minimum 100 feet requirement
that City Council is prohibited from waiving. LDR 78-241 states the purpose of the
Environmentally Sensitive Land ordinance as follows: “Profect the ecological values
and functions.”
It has also been brought to the attention of Woodberry Lakes Homeowners’
Association, Inc., that the Borland Project did not observe the City Council-granted
80 feet preserve waiver. The promised 80 feet preserve is much smaller than the
80 feet granted by City Council via the development order due to the position of the
lake provided along the west end of the property. The two extremely small
preserves will not support the stated purpose of LDR 78-241. The Borland Project
team did not self-disclose this change in preserve type that is self-serving and not in
the interest of the City, the neighboring communities or the environment.
Regardless of whether this was an omission, an oversight, or an intentional
violation, the Borland development was allowed to violate the City code and was
granted prohibited waiver, and with a City Staff recommendation “for approval’’ for
good measure.
The HOA expectation is that City Council reverse the previously granted Ordinance
13, 2004, waiver #2 and require Borland to re-plat their development to comply with
the City Codes.
Regarding Ordinance 13, 2004, it is believed that other provisions of this document
are in jeopardy of not being complied with or are already in non-compliance with the
development order and the HOA has the expectation that the development order in
full verbatim compliance and strictly enforced. Woodberry Lakes expects the Land
Development Regulation 78-61(b) be invoked and all work suspended on the
Borland site until the development order has been complied with.
LDR Section 78-6 7. “Effective period of development orders and enforcement of
conditions.
b) Suspension of development orders. Suspension of development orders may
occur upon failure to comply with one or more time requirements or failure or
comply with a condifion of development approval. ”
Condition 9
Requirement: “Prior to issuance of the clearing (land alteration) permit or first
building permit, the project subdivision plat shall be completed, approved by City
Council, and recorded. The upland preserve area shall be free of any
encumbrances including, but not limited to, road rights-of-way, drainage easement,
and /or utility easements. ’I
Concern: The clearing permit was issued August 2005 and the HOA will expect the
city to enforce this condition as written. Borland currently has less that one month to
complete this effort.
Condition 15
Requirement: ‘I The applicant shall install the landscaping and irrigation for the PGA
Boulevard Parkway, the Shady Lakes Drive and Garden Square Boulevard buffers
within six (6) months of the issuance of the clearing permif, or no furfher permits or
inspections will be issued for the project site until said landscaping and irrigation are
comple te d. ”
PGA Boulevard Landscape Buffer
0 Borland Justification:
The existing overhead electrical lines are to be placed underground
and this would be a great benefit to all the residents of the city. The
completion of this effort is months away.
Turn lanes need to be cut into PGA Blvd. to allow entrance to the
Borland Development from PGA Blvd.
Hurricane Wilma delay
Woodberry Lakes Rebuttal:
o The existing overhead electrical lines are totally within the PGA Blvd.
120’ wide right-of-way. This existing pole line is only feet away from
the actual roadway lanes. To further support this position, please
look at the Borland site plan that was required to identify all
easements. You will notice that the electric utility does not have an
easement along this boarder as the developer wishes you to believe
but the site plan actually shows the electric pole(and overhang) totally
within PGA Blvd. property.
o Turn lanes and roadway work along PGA Blvd. are not a new issue.
These entrances were planned and established years ago. To state
the entrances are not established to date is not a valid excuse. The
Developer, in order to gain approval for his project and to entice the
surrounding developments to sign an agreement, did in fact agree to
establish perimeter buffers with full knowledge of the required
roadway work requirements along with the associated timetables.
For clarification the turn lanes are identified on the Borland Plat (Ord.
104 page 114) and are approximately 7 feet wide parallel to PGA
Blvd. thus not creating any conflict with the required landscape buffer
as claimed.
o Hurricane Wilma came in on a Monday. Construction was operating
all day Sunday (7:OOam until dusk), the day before Hurricane Wilma.
This is in violation to the City Ordinance prohibiting work on Sunday,.
prior to 12:OO noon.
Shadv Lakes Drive Landscape Buffer:
Borland Justification:
o “A previously unidentified underground drainage pipe was discovered.
The subject drainage pipe appears to be providing legal positive
outfall for Shady Lakes Drive, as well as Gardens of Woodberry”.
o The Seacoast Utility water main to be utilized to serve the Borland site
contains asbestos and that asbestos laden portion of the pipe needs
to be replaced. It is believed that this portion of contaminated pipe is
located approximately 20’ into Shady Lakes Drive.
Woodberry Lakes HOA rebuttal:
o This unidentified pipe may have not been conclusively identified but
the easement containing the identified pipe was known and in fact it
was identified in the Special Warranty Deed, Exhibit A, page 2,
between Palm Beach Community Church and the City of Palm Beach
Gardens, dated November 19, 2004 for Shady Lakes Drive right-of-
way. Exhibit “A was prepared by a land survey company and this
Exhibit “A is dated November 8, 2004 (ORD. 17794, page 1700).
The drainage pipe discharged water into a legally established
drainage canal (easement recorded Ord. 2910, page 56 and Ord.
2611, page 806) that not only served as drainage but also possibly
provided a water replenishment source to the established wetlands on
this site.
o This raises another concern brought to the attention of the South
Florida Water Management District about the amount of water
continually present in the drainage area. In the “Individual
Environmental Resource Permit Staff Report” that identified 2.08
acres of wetland on the Borland site, rainfall was the only listed
recharge for the wetlands. Now knowing that the wetlands had a
supplemental water source the wetlands should be re-established or
re-evaluated to insure the environment issues have not been
compromised.
o The Seacoast water pipe is an existing 10” water main that is clearly
shown on the Borland Master Utility plan as being within the Shady
Lakes right-of-way and not on Borland property. The location of this
pipe allows the required work to be performed. As before, the
5
development always required a water tie-in and the issue of asbestos
laden piping has no bearing on the installation of the required buffer.
Condition 31:
Requirement: “The applicant shall signalize the intersection of Shady Lakes Drive
and PGA Boulevard with 72 months of the date of this development order. The
signal shall be installed to be fully operational, including all appropriate lane
geometry (as determined by Palm Beach County and the Florida Department of
Transporfation), pavement markings, signage, and lighting. The signal shall be
made active once the infersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of Transporfation. ”
Concern: Ordinance 13, 2004 was approved August 5, 2004 and the 12 months
noted in Condition 31 above has been expired for some time. The HOA demands
that this condition be enforced prior to any roadways/entrances being established
on Shady Lakes Drive. The City must suspend all development on this site until this
condition is satisfied.
Expedited Permitting:
The Borland PUD does not offer value added employment therefore this provision,
which is currently not enacted, is not applicable to this site and must not be
considered.
While Borland is asking forgiveness for breaking the requirements of Ordinance 13,
2004 the following Condition 9 needs to be addressed.
Condition 9:
Requirement: “Prior to issuance of the clearing (land alteration) permit or first
building permit, the project subdivision plat shall be completed, approved by City
Council, and recorded. The upland preserve area shall be free of any
encumbrances including, but not limited to, road rights-of-way, drainage easements,
and/or utility easements. ”
The Borland site plan identifies a utility easement that encumbers the required
preserve areas. The site plan was approved, therefore it is assumed that this
easement exists or it would not have been shown on the site plan. During the P&Z
and City Council evaluation process of this site for the current issue before the P&Z
members, this issue needs to be corrected to be in accordance with Ordinance 13,
2004.
Waiver 7:
Requirement: “Preserve area requirement, to allow for of-site mitigation in lieu of
on-site preserve area for 7.57 acres of the required set asides to a 4.6 acre site.”
Concern: This site had approximately 20 acres of environmentally sensitive land
thus requiring over 4 acres of preserve to be established on this site. This site
currently has less than one (1) acre of preserves, this not meeting the minimum
requirement and being far less than required by Waiver 7.
,
i
Now that the Board of Directors of Woodberry Lakes HOA is aware of and
understands the various defects in the Borland site plan, we are distressed that the
City would give overwhelming advantages to developers over the environment,
quality of life and residents of the City. The above issues are what the HOA Board,
as laypersons, have been able to determine have been overlooked in favor of the
developer and we believe a comprehensive review of all requirements should be
conducted to insure the laws and process have been fairly applied.
The Board has voted to take the required measures to protect the interest of the
residents of Garden of Woodberry as applicable, send this letter and to request the
City to correct these defects in a timely manner to the satisfaction of this Board.
Please maintain this letter and any staffs response to this letter, if applicable, as a
permanent record in the Borland project file.
Thank you for your consideration in this matter. a%% Woodie Van Voorhees
As President
Woodberry Lakes Homeowners’ Association, Inc.
cc: Mr. Joseph Russo, City of Palm Beach Gardens Mayor
Mr. Eric Jablin, City of Palm Beach Gardens Vice-Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Jodie Barnett, City of Palm Beach Gardens Councilwoman
Mr. Craig Kunkle, P&Z Chairman,
Mr. Barry Present, P&Z Vice Chairman
Mr. Michael Panczak, P&Z Member
Mr. Dennis Solomon, P&Z Member
Mr. Randolph Hansen, P&Z Member
Mr. Jonathon Rubins, P&Z Member
Mr. Douglas Pennell, P&Z Member
City of Palm Beach Gardens Attorney
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
January 25,2006
Steve Barnes
Shady Lakes Board of Directors, President
Homeowners Association
10 1 1 Shady Lakes Circle North
Palm Beach Gardens, FL 33418
Response to: Letters dated January 12,2006 & January 15,2006
Dear Mr. Barnes:
The City is in receipt of your letters dated January 12, 2006, and January 15, 2006, concerning
the Borland Center PUD and offers the following responses:
Public Hearings
The applicant for the Borland Center PUD filed an amendment to their development order on
December 29, 2005, requesting to amend certain conditions of approval. This application was
scheduled for public hearings before the PZAB on January 24, 2006, and the City Council on
February 2, 2006. In accordance with Section 78-54, Code of Ordinances, the applicant is
required to satisfy the public notice requirements, which consist of mailing notices, posting of
property, and bearing the cost of the newspaper advertisements placed by the City.
While deadlines for the mailers and newspaper advertisements were met for the public hearing,
staff received the applicant’s affidavit attesting to the posting of the property on January 13,
2006. The affidavit notified staff that the signs were posted on January 12, 2006, which is only
12 days before the PZAB public hearing. Since the signs were not installed at least 15 days prior
to the PZAB public hearing, staff removed the item from the PZAB and City Council agendas.
Please note that this application is currently scheduled for public hearings before the PZAB on
February 14, 2006, and the City Council on March 2, 2006. These public hearings will require
new notices to be mailed, new Palm Beach Post advertisements, and posting of the property in
accordance with Section 78-54, Code of Ordinances.
Environmental Set-Aside
Section 78-158 (d) (2), Code of Ordinances, prohibits waivers from the minimum requirements
for the preservation of environmentally sensitive lands, which requires a minimum 25% set-
aside. Please be advised that no waiver was granted to the 25% environmental set-aside
requirement.
The Land Development Regulations allow the City Council flexibility in approving the size of
preserves. Section 78-250 (a) (I) (d.), Code of Ordinances, states:
4
i Page 2 of3
Letter to Shady Lakes HOA
The City Council shall have the authority and flexibility to define the preserve area
boundaries or adjust the size of such boundaries.
Please be advised that Resolution 92,2004, Condition 40, allows the City Council to approve the
mitigation of 3.39 acres of preserve off-site, through separate resolution. On February 18, 2005,
the City Council adopted Resolution 10, 2005 (please see attached), which approved the off-site
mitigation of 3.39 acres of upland preserve (.94 acres on-site). The environmental assessment
completed for the site yielded 4.33 acres of environmentally significant lands required to be
preserved. Section 78-249 (b), Code of Ordinances, allows off-site mitigation for required
preserves less than 10 acres in size. Please be advised that this code section states:
If listed species do not exist on the site, or on-site preservation would yield a preserve
area that is less than the preferred minimum of ten acres, or unavoidable impacts to
wetlands occur, an alternative form of mitigation acceptable to the City Council may be
implemented consistent with Section 78-252, Code of Ordinances.
In relation to the discrepancy of the preserve acreage included in waiver number seven, please
refer to the February 14,2005, memo to the City Clerk (please see attached).
Preserve Encumbrances
The preserve tract designated on the Borland Center plat is in compliance with the Code of
Ordinances, is not encumbered by utility easements, and does encroach into the on-site
stormwater retention pond. The preserves, lake, and easements are all platted by separate tracts
(Please see attached plat).
Settlement Agreem ent
The City was not party to, or had any specific knowledge of a settlement agreement between the
Shady Lakes HOA and the Borland Center. Settlement agreements signed by two private parties
do not fall within the legal scope of City staff’s enforcement obligations.
Landscape Buffers
The landscape buffers adjacent to PGA Boulevard, Shady Lakes Drive, and Gardens Square
Boulevard are required to be installed by February 4, 2006, which is six months from the
issuance of the clearing permit (August 4, 2005). If these buffers are not installed by this date,
the City shall cease issuing permits and conducting inspections, in accordance with Resolution
92, 2004. Please be advised that the applicant has filed a development application to allow for a
six-month time extension, which will be presented at duly-noticed public hearings before the
PZAl3 on February 14, 2006, and the City Council on March 2, 2006. Please note that unlike the
landscape buffers, preserves are required to be installed prior to issuance of the first Certificate
of Occupancy.
Expedited Permitting
The applicant for the Borland Center PUD has not applied for or been given the option of
expedited permitting .
1 4
TrafJic Signal
Page 3 of3
Letter to Shady Lakes HOA
The deadline for the installation of the PGA Boulevard and Shady Lakes Drive traffic signal was
August 5, 2005. The applicant submitted the appropriate permit for staff to make an application,
and has taken steps in meeting this requirement. Please be advised that City staff will be
proposing amended language to condition number thirty-one that provides a time-sensitive
schedule of completion for this signal. This proposed amendment will be heard at duly-noticed
public hearings before the PZAB on February 14,2006, and the City Council on March 2,2006.
City staff encourages residents to participate in the quasi-judicial process at the above mentioned
public hearings. At these public hearings the applicant will present the proposed amendment,
followed by questions from the City Council or PZAB, and then the opportunity for public input
and comment.
The City would like to thank you for your comments and assure you that City staff is working
diligently to ensure the compliance of the Borland site with the development order and the Code
of Ordinances.
Charles Wu, AICP
Growth Management Administrator
Enclosures (6)
cc: Mayor & City Councilmembers
Ron Ferris, City Manager
Christine Tatum, City Attorney
Patty Snider, City Clerk
Kara Irwin, Planning Manager
Brad Wiseman, Senior Planner
TO: Patricia Snider, City Clerk DATE: Feb. 14,2005
FROM: Charles K. Wy Growth Management Administrator&
SUBJECT: Borland Public Hearing on 8/5/2004
I have reviewed the verbatim transcript of the City Council hearing held on August 5,
2004, related to the Borland Center approval. Staff advised the Council that at the July 25,2004
meeting of the Planning and Zoning Commission, a resident had brought to our attention a
potential discrepancy in the acreage required for on-site preservation. Testimony of Ms. Irwin:
It was veriped that there is a requirement of 4.33 acres for upland preservation on the
site or for the site. The initial uplmtd environment assessment did say they were required
to put 2.37 aside. The City's environmental consultunt did not agree with that
assessment, and required them to redo it, which provided for a 17.9 viable upland area
on the site, which made the requirement 4.33. The City verified the resident as correct,
and based on thai we have proped to mend resolution condition number 40, which is
proped as no less than 2.73 acres is now being proposed 4.33 acres. And also by no
more than 3.39, which is a dfference of zero point nine fir as provided onTm'te. .
There is also a waiver of approval in the resolution cII#I in that regard for a specific
acreage for the proped of-site and also has been changed to 3.39. (pages 19 and 20)
At the conclusion of the public hearing, the Council voted to approve Resolution 92, 2004 with
the changes proposed by staff to change the upland preservation acreage to 4.33.
My review of the file indicates that the acreage was c~~ectly changed in condition 40 of
Resolution 92, 2004, but that the waiver No. 7 should have been reworded to match the
condition. It is my opinion that it was clearly the intent of the Council, as evidenced by the
verbatim transcript, that the acreage numbers be consistent in both places of the resolution.
I would therefore respectfully request that this memorandum be included in the official file for
the hearing held on August 5, 2004 for Case No. PUD 01-13. By this communication, I also
direct Planning Technician Heather Graeve to include this memorandum in the official file for
Case No. PUD 01-13.
Attachment: Minutes fiom Aug. 5,2004 Council Meeting
CC: Ron Ferris, City Manager Sheryl Stewart, Asst. to the City Manager
Talal Benothman, P&Z DU. Chris Tatum, City Attorney
Kara Irwin, Senior Planner
CITY OF PALM BEACE ARDENS a MEMORAND
!
To: Mayor rod City Coundl Mclsberr ;
DATE: July 29, ZOOS I
FROM: wo, Grad Mairgemerrt Administrator
THROUGH: Ronald Fcrri8, City lbira.gtr I
Jack Doughney, Commmity Scrvict$ Administrator
I
cc:
SUBJECT: Borlrnd Center PUD - Trrmc Light Shdy Lakes Drive
This memorandum is
you wcre provided at the Jul
has submitted an appl
completeness, will be eubmitted by the City to
review of the Fccocd in the Borlmd case, we hvd
the intent of Condition #3 1, aa clarified by the City
did in the attached mail . Since July 21", the applicant
which, after review for
For your re
2004, which approved the
advW that conditiOrr of rppmvd #31 Mea:
a
/
The applicant rhll UgruliP the
within (12) months of the date of
k fully operational, including
and lighting. The ti@ rhll
meets ole clppoval
of this condition, in view of
&rCh C~rmty mb Flaib Of
Tnnspottation.
During the public hearing on this matter, th was detailed discussion by the
Council and the applicant conccming tho intmt ud m
the foct that the City rather than the propaty o must be the permittee for the
inrtrllrtion of the li@t. Staff has listened to the rudi rscording of the meeting to verify
the comments and conchuions reached at drc meezing f It ir cleu that the Council agreed
that the City would 8ubmit the petitioner*# applkdon for the pannit to install the light,
and that the Council would not enforce I violation of that condition if the City prohibited
the applicant fiom carrying out the condition. In conclusion, the discussion was "put on
the mrd" by the Mayor.
hk# Mvc and PGA Boulevard
Tht si@ sWI k inrtallad to
(as detamined by Palm
markingal signage,
a signal md
I
i
a i- *
I City d€hr imtmtcd the applicant to submit the rnffic light pennit to the City
Once staff has dctcnnincd
doe3 not continue to
that the permit application u complete, it i8 nle~~ the cl- permit
u this meeta the tpirit and intent of the
make progressive in meeting the City has
fbr review urd Biga-offpriorto receiving a cl
nummw cnforcancnt mder available.
If you hrve my quatiom or concum, M wirh to dimm this matter at the
August 4,2005 Council Meeting please contact the ty Manager. 4 i
I
CC: KamIrwin,PhnningMrmgu
Brad Whettun, Senior Planner
I
JEB BUSH
COVERWOR
Florida Department of Trartsportatiori
,_ I_ -. -.
.. ' DEHV'ER J. STUTLER JR. SECRETARY TRAFFIC OPERATIONS - DISTRICT 4 :'''.- .'.
3400 West Commercial Boulevard !
Fort Lauderdala, FL 333044421
Tilephone (854) 7774350
Toll Free 866.336.8435
August 23,2005
I
- ...i
_..C .. ~
Mr. Daniel P. Clark, P.E.
Palm Beach Gardens City Engmeer
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Dear Mr. Clark:
Re: State Section 930010000; SR 786 (PGA Boulevard) at Shady Lakes Drivemckory Drive,
Palm Bcach Gardens, Palm Beach County
TRAFFIC SIGNAL REQUEST
Thank you for your letter dated August 2, 2005, regarding the evaluation conducted by Pinder
Troutman Consulting, Inc. (PTC) at the intersection of SR 786 and Shady Wces DrivdHickory
Drive in Palm Bcach County. The Florida Department of Transportation (FDOT) appreciates your
interest in traffic control and safety.
a
The PTC evaluation revealed that the existing traffic volumes along Shady Lakes Drive and Hickory
Drive are lower than those that would suggest the need for traffic signal conbol. However, the study
also anticipates that a traffic signal will be justified at the intersection of SR 786 and Shady Lakes
DrivelHickory Drive upon completion of The Commons and Bruce E. Borland Center developments
by the year 2008. Therefore, based upon this projected analysis, the Department will authorize the
installation of a flashing signal at the subject intersection at this time, capable ofbeing modified to a
fully operational signal in the future when warranting conditions are met.
Installing a traffic signal at this location will provide optimum spacing between the proposed traffic
signal and existing traffic signals along SR 786, allowing for coordinated signal operation system
between them. The FDOT expects that the proposed coordinated signal system will enhance traffic
operations throughout the corridor and create gaps in the traffic flow that will provide opportunhies
for motorists to enter SR 786 from the many other side roads and dnveways. Therefore, in order to
ensure that this location operates safely and eficiently under future conditions, please provide
construction plans depicting the intersections proposed signalization and geometric configurations.
Daniel P. Clark, P.E.
August 23,2005 e Page Two
Thank you again for your interest in this matter. If you have any questions or need Mer
information, please do not hesitate to contact me at (954) 777-4351.
7L Mark Plass, P.E.
District Traffic Operations Engineer ..
h4P:ja
CC: Dan Weisberg, P.E. Palm Beach County Traffic Division Director
Rick Mitinger, P.E., FDOT Assistant Traffic Operations Engineer
Julio A. Alegre, FDOT Traffic Studies Project Manager
Lany Kelly, FDOT Traffic Studies Specialist
file
CITY OF PALM BEACH GARDENS
IO500 N. MILITARY ‘IRA& PALM BEACH GARIDENS, FLORIDA 33410.46%
February 6,2006
Mr. & Mrs. Puglisi
101 7 Shady Lakes Circle
PahnBeachGardens, F13
Dear Mr. & Mrs. Puglisi:
8
Tbe Police Deptnmt bas conducted an analysis of the traffic crashes on PGA Blvd.
during the same time fitme that you state in your letter. The fbbwing is the findings of
their restarch. There wefe a total of 72 crashes called into our dispatch center. Fourteen
of those were either unfounded or classified as something else thus not requiring a report.
Oftbe remaining 58, the maiolrity (27) occufted at the intersectbn of PGA and Military
Trail and on Military Trail (9). Two crashes occurred ai Shady Lakes. One was 8
northbound vehicle crossing PGA Blvd. hm Hickory Drive. The vehicle was stopped in
the median break when another vehicle pulled up adjacent to her, blocking her view of
westboudtrafb. As sbepllledout, she was struckby awestboutdvehicle. The other
was an Enjury crash WfLere a motorcyclist while exiting Shady Lakes, lost COIltrol of his
motorcycle and was eventually struck by another vehicle. Of the remaining 20, 12
occurred west of Central Blvd., four at Garden Lakes, two at Gardens of Woodbeny, and
tm east of Military Trail. Of tbe 58 mashes, 13 involved injuries. Of the 13,8 were
classified as possiile in- which occurs when there me no signs of injuries however,
the person claims to be. Of the remaining five, three were minor and two were
incapacitating.
To cw your wncemregadihg tbe police actionon Central Blvd. at lip, this traffic
light was temporarily controlled by an officer because of the vehicular trdlic blocking
Central Blvd. duting school drop off and pick up and not because of pedestrian trafEc.
This problem was ewntually corrected &er the school Board agreed to implement our
tn5c plan inside ofthe school property.
I have included the traffic crash data fbr the area in question.
Please advise ifyou need anything further tiom me. w atncm Snider, CMC
city clerk
City of Palm Beach Gardens
(561) 799-4122
16
11
11
9
6
4
pga blvd @ miiii trail
military trail gP pga Mvd
pga bbd w. of military trail
military trail s. of pga Mvd
central btvd n. of pga Mvd
military trail n. of pga blvd
pga blvd w. of& Mvd
military trail n. of gadens Iks dr
pga Mvd e. of military trail
pga Mvd f@ spice drive
pga bhtd Q old patm drive
ballenislesdr s. of pga Mvd
pga bfvd Q fla turnpike
10896 n. military trail
pga Mvd Q fairway drive
pga btvd @ shady lakes drive
pga Mvd @central blvd
pga Mvd e. of cenfral blvd
garden lakes btvd Q pga Mvd
56OOpgaMvd
Grand Total
20
7
3
3
3
3
2
2
2
2
2
1
1
1
1
1
1
1
1
1
58
followed too d&y
nla
improper lane change
disregarded traffic signal
other
improper passing
improperturn
failedto yield right of way
driving mong way onroad
Grand Total
7
7
5
5
3
2
1
1
1
58
CITY OF PALM BEACH GARDENS
lo500 N. MILITARY TRAlL PALM BEACH GARDENS, FLORIDA 33410-4698
February 17,2006
Mrs. Barbara Puglisi
1017 Shady Lakes Circle
Palm Beach Gardens, Florida 33418
Re: Letbr Dated January 27,2006
Dear Mrs. Puglisi:
Thank you for your letter dated January 27,2006, regarding Mtc and sidewalk issues adjacent
to the Midtown project (formerly known as the ‘Borland Center‘) and Shady Lakes Drive. By
now, you should have received a preliminary response to your letter with information provided
by Major Robert Artoh of the Palm Beach Gardens Police Department regarding automobile
accidents on PGA Boulevard between Central Boulevard and Military Trail (copy attached).
Following is a response to the other concerns raised in your letter.
A review of the locations mentioned in your letter was conducted by a response team consisting
of representatives from Construction Services, Public Works, Growth Management, and the
Police Department. Ci staff has contacted the Miown (&tiand) contractor, the Garden
Lakes Homeowners Association, the Shady Lakes Homeowners Association, and the Florida
Department of Transportation to discuss ideas and concepts regarding your concerns. Our
fwrdings indite that a traffic signal is planned for the PGA Boulevard and Shady Lakes
Drive/Hiory Drive intersedion in conjundion with the Miown (Borland) project. If Council
approves the pending extension request filed by Mitown, the timeline for installation of the
signal will be approximately one (1) year. However, the traffic signal will not be adivated until it
is warranted by Palm Beach County and the Florida Department of Transportation.
Further, the sidewalk adjacent to the Midtown (Borland) project is temporarily dosed due to
construction activities relocating underground utilities, adding deceleration and turning lanes,
and installation of landscape buffers and irrigation systems. In answer to your question, it is
legal for the developer to dose a public sidewalk with a proper permit (in this case, an
infrastructure permit, whi was properly obtained from the Ci by the developer) in order to
make the improvements required. The City recognizes the inherent dangers of an active
construction area and supports limiting access to these dangerous areas. The contractor for the
project is working to open this area to pedestrians as soon as it can be made safe. The
construction on the south side of PGA Boulevard that you mention in your letter also requires
the cbsure of the sidewalk; while the entire sidewalk is not open and accessible, a temporary
pathway exists until construction is complete. [Note: Them are no overhead utili on the south
side of PGA Boulevard that need to be relocated and the irrigation system is already installed,
thus the existing sidewalk does not need to be removed.)
A possible solution exists which requires the cooperation of the Garden Lakes Homeawnem
Association. A walkway thmugh your adjacent neighbodmods is wnently dosed off by a gate
which is opened from time to time by a resident of Garden Lakes to allow children to pass
through when they are coming and going to school. (This information was obtained by Ci staff
from Walter Schmidt, who represents the Garden Lakes HOA.) This same route would allow
pedestrians from your neighborhood to reach the Garden Square Shoppes and the intersection
Mrs. Barbara Puglii
February 17,2006
Page2of2
of Military Trail and PGA Boulevard, which is signalized and has crosswalks. City staff was
unable to secure a commitment from the Garden Lakes HOA for such temporary assistance;
however, perhaps an agreement between neighboring HOAs could be reached.
Finally, the intersection of PGA Boulevard and Central Boulevard is signali with appropriate
cross walks and pedestrian control devices. While this may cause some temporary
inconvenience, it does provide a safe alternative to crossing PGA Boulevard.
Pursuant to a suggestion from your HOA president, Steve Bames, the City will be installing
traffic directiil controls to improve the safety of the intersection of Shady Lakes Drive and
PGA Boulevard.
Major Artola took the liberty of contacting the Palm Beach County School District to inquire
about a temporary bus stop for high school students in your neighborhood adversely impacted
by the construdion along PGA Boulevard. The School District indicated that temporary bus
We understand that these inconveniences, although temporary, are frustrating. Staff has
attetmpted to mitigate them by providing ths alternatives listed above. Thank you for taking the
time to communicate your concerns to the City.
ps in these instances were only approved for elementary and middle school students. P
clty clerk
cc: Mayor and Council
Ron Ferris, Ci Manager
Christine laturn, City Attorney
Dan Clark, Ci Engineer
Brad Wmman, Senior Ptanner
Todd Engle, Construction Services Director
Michael Mom, Public Works Director
Major Robert Artola, Palm Beach Gardens Police Department
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 21,2006
Meeting Date: March 2,2006
Ordinance 9,2006
Resolution 19.2006
Subject / Agenda Item:
000001 : NorthCorp Planned Community Development (PCD) Amendment
Public Hearing and Second Reading: A request by Cotleur & Hearing, Inc., agent for RCA
Drainage Association, for the approval of an amendment to the development order of the
NorthCorp Planned Community Development (PCD) to allow the modification of certain
conditions of approval of Ordinance 1, 1990 to be consistent with the Traffic Performance
Standards of Palm Beach County, and request additional entitlements based on the vested and
approved trips for the entire PCD. The NorthCorp PCD is 103 acres and is generally located
north of Burns Road, south of PGA Blvd., east of Interstate 95 and west of Alternate A1 A.
Ordinance 9,2006 & Resolution l9,2006/Petition PCDA-05-11-
[XI Recommendation to APPROVE with one condition
] Recommendation to DENY
Reviewed by:
Tala1 M. Benothman
Planning Manager
City Attorney
Christine Tatum
Allan Owens
Development Compliance
Director
Dolores Key_36k
City Engine
Approved By:
Rohaldfi. Ferris
Originating Dept.:
Growth Management:
Project Manager
/
Joyce C. Cai
Planner 4
[XI Quasi - Judicial
1 ] Legislative
[XI Public Hearing
Advertised:
Date: 0211 51/06
Paper: Palm Beach Post
[ XI Required
[ ] Not Required -
Affected Parties:
[ XI Notified
[ 3 Not Required
FINANCE:
costs: $
Total
$-
Current FY
Funding Source:
[ ] Operating
[XI OtherA
Budget Acct.#:
N/A
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
0 Ordinance 1, 1990
0 Ordinance 9,2006
0 Resolution 19,2006
0 Letter fiom Palm
Beach County Traffic
Division dated
121 19/05
0 Table 1
Date Prepared: February 2 1,2006
Meeting Date: March 2,2006
Ordinance 9,2006 / Resolution 19,2006
EXECUTIVE SUMMARY
The proposed development order amendment for the NorthCorp Planned Community
Development (PCD) is to modify certain conditions of approval of Ordinance 1, 1990 to be
consistent with the current Traffic Performance Standards Ordinance of Palm Beach County and
to obtain additional entitlements based on vested and approved trips for the entire PCD.
TARGETED EXPEDITED PERMITTING PROGRAM
As determined by the City Council, a new Section 78-57 of the Code of Ordinances was created
entitled “Targeted Expedited Permitted Program” in accordance with Policy 13.1.1.6 of the
Comprehensive Plan. Policy 13.1.1.6 states, in part, that “the City shall maintain and develop
programs to encourage and facilitate the expansion and relocation of target industries in the City
including but not limited to: Implement a targeted expedited permitting program for companies
that are expanding operations or moving into the city so that value-added employment may be
created at a faster pace.. .”
Section 78-57 entitled “Targeted Expedited Permitted Program” was created to provide a legal
basis to prioritize economic development projects in the land development review process
without compromising the integrity of the City’s Comprehensive Plan or Land Development
Regulations.
This petition and its companion petition SPLN-05-11-000003 (Anspach Site Plan Amendment)
have qualified for the Targeted Expedited Permitting Program as an economic development
project, and have been accelerated through the review process pursuant to Ordinance 1,2006.
BACKGROUND
The NorthCorp Planned Community Development (PCD) is 103 acres in size and is located
north of Burns Road, south of PGA Blvd., east of Interstate 95 and west of Alternate A1A. It was
originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990, which united
all lands comprising the plats of NorthCorp Center, RCA Blvd. Center, West Park Center and
South Park Center (the entire lands comprising the former RCA site) into one (1) development
order. The original ordinance also provided for an approval mechanism for future petitions
within the PCD, assigned site-specific restrictions to certain lots, established maximum trip
generations for the development, and established time-certain conditions of approval for certain
road and drainage improvements.
The NorthCorp Center, originally built in 1960, consists of 373,000 square feet of various uses
such as office, industrial, school, bank, health club, etc.
The six-acre RCA Blvd. Center consists of two (2) lots - RCA #1 (2.74 acres) and RCA #2 (2.94
acres). The 73,480 square feet/ll6 room Hampton Inn and 30,000 square feet Hilda Flack
Interior are currently located on Lot #1 and Lot #2, respectively.
The 49.40-acre South Park Center consists of thirteen lots (Lot 1 through Lot 13) and one water
management tract. Currently, each lot has been developed with either office, light industrial or
2
Date Prepared: February 2 1,2006
Meeting Date: March 2,2006
Ordinance 9,2006 / Resolution 19,2006
EXISTING USE ZONING I
warehouse use, except for Lots 1, 5 and 12. Lots 5 and 12 are currently vacant, but have been
approved for office buildings. Lot 1, which is the companion petition, is proposed to be
developed for office and light industrial uses.
LAND USE
The 17.64-acre West Park Center consists of two (2) lots and one water management tract. Lot 1
(7.69 acres) was developed with 121,229 square feet of office use (Wackenhut). Lot 2 (3.98
acres) was also developed with an existing 49,155 square feet of light industrial use (Anspach).
The 1.98-acre water management tract is located between Lots 1 and 2.
LAND-USE AND ZONING
The future land-use designation of the subject site as reflected on the City’s Future Land Use
Map is Industrial (I). The zoning classification of the site is a Planned Community District
(PCD) Overlay with an underlying zoning of Research and Light Industrial Park (Ml).
The existing land uses and zoning designations of properties surrounding the subject PCD are
provided in the following table:
ZO N IN G CLASS I F I CAT IO N SI LAN D-U S E DES I G N AT1 0 N S
Subiect Prouerty
NorthColp PCD
Gardens Station East
Gardens Station West
Mariott Hotel
Bums Road
Professional and Office building
Warehouse buildings
Office building
Municipal building
- East
Alt AIA
Catalina Lakes
Y&
Interstate 95
Admiralty II (Radisson Hotel)
Union Square
Gardens Park
PBG Business Park
Industrial (I) Research and Light Industrial Park (MI)/
Planned Community Development District (PCD)
Mixed Use District (MXD)
General Commercial District (CG1)
Mixed Use Development (MXD)
Commercial (C)
I
Professional and Office District (PO)
Light Industrial District (MIA)
Public and Institutional (P/I)
ProfessionaVOffice (PO)
Industrial (I)
Public/Institutional (P)
Residential Medium Density District (RM)
General Commercial District (CGI)
Residential High Density District (RH)
Public and Institutional District (PA)
Research and Light Industrial Park District (MI)
Residential Medium (RM)
Commercial (C)
Residential High (RH)
Recreationlopen Space (ROS)
Industrial (I)
3
Date Prepared: February 21,2006
Meeting Date: March 2,2006
Ordinance 9,2006 I Resolution 19,2006
PROPOSED AMENDMENT
The applicant is requesting to amend the development order for the NorthCorp PCD to allow the
modification of certain conditions of approval of Ordinance 1, 1990, which will be transferred to
Resolution 19,2006, to be consistent with the Traffic Performance Standards Ordinance of Palm
Beach County, and obtain additional entitlements based on the vested and approved trips for the
whole PCD.
The purpose of the amendment is to relate the traffic concurrency for the PCD to AM and PM
peak-hour trips rather than to average daily trips, which the County no longer uses in its review
of projects requesting traffic concurrency from the County. At the same time, the applicant has
conducted a land use inventory documenting each use and the square footage of each use built
within the PCD. Based on this inventory, the applicant has demonstrated that the square footage
of uses with fewer trip generation rates is greater than the square footage of uses with greater trip
generation rates. Thus, yielding greater entitlements, but still within the mandated traffic
thresholds established in the development order.
To establish consistency with the current Traffic Performance Standards Ordinance, a text
change is being proposed to Condition # 22.1 of Ordinance 1, 1990, as noted below.
Condition #22.I to be amended as follows;
“Plats of West Park Center and Plats of South Park Center
1. The maximum trip generation for new construction approved in the Plat of West
Park Center together with the development approved in the Plat of RCA
Boulevard Center and in the Plat of South Park Center, shall not exceed fitc , u~LJr trips nine hundred seventy-seven (977) AM
peak hour, or nine hundred sixty-two (962) PM peak hour trips (,‘-
TH+S “Maximum AM Peak Hour Trips” and “Maximum PM Peak Hour Trips”,
respectively).
?\ A ‘1,
2. Any applicant appearing before the Planning, Zoning and Appeals Board and the
City Council shall provide a calculation of the ch-lyad peak hour trips
associated with the proposed project. A calculation of the da-lymand PM peak
hour trips shall be undertaken utilizing the latest edition of the Institute of
Transportation Engineers (ITE) ‘Trip Generation’, as required by
the County Traffic Performance Standards.”
..
The proposed amendment will continue to allow an entitlement of 96,441 square feet of
additional office and light industrial development from the existing and approved uses for the
overall PCD without exceeding the maximum PM peak hour trips specified in the condition #
22.1 of the Ordinance 1, 1990.
As stated in the applicant’s trip generation analysis, since the time of the approval of Ordinance
1, 1990, the Palm Beach County Traffic Performance Standards Ordinance has been amended to
require that any amendments to previously approved projects, such as NorthCorp PCD, consider
4
Date Prepared: February 2 1,2006
Meeting Date: March 2,2006
Ordinance 9,2006 / Resolution 19,2006
only whether the peak hour trips associated with the proposed amendment are equivalent to or
less than the trips from the previous approvals. Ordinance 1, 1990 establishes the number of
daily and PM peak hour trips that have been vested for the property.
The applicant’s trip generation analysis has been reviewed and approved by both the Palm Beach
County Traffic Division and the City Engineer, and has been determined to be consistent with
Ordinance 1, 1990 and the County’s Traffic Performance Standards Ordinance.
PLANNING, ZONING AND APPEALS BOARD RECOMMENDATION
At its January 24, 2006 meeting, the Planning, Zoning and Appeals Board held a public hearing
to review the subject petition. The Board voted 7-0 to recommend approval of the subject
petition to the City Council with staffs recommendation and the proposed condition.
PREVIOUS CITY COUNCIL’S ACTION
At its February 16, 2006 meeting, the City Council voted 5-0 to approve Ordinance 9, 2006 and
Resolution 19,2006 on first reading with no changes.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 9, 2006 and Resolution 19, 2006 with the
conditions provided therein.
5
Date Prepared: February 21,2006
Meeting Date: March 2,2006
Ordinance 9,2006 / Resolution 19,2006
TABLE 1
The NorthCorp PCD was approved with the following summary:
Office
Industrial
Hotel
Design Center
Warehouse
Self Storage
Proposed Expansion
(square feet)
63,775
32,666
none
none
none
none
Existing and Approved Uses
(square feet)
380,193
129,511.
1 16-room
15,000
50,000
80,600
Total
(square feet)
443,968
162,177
1 16-room
15,000
50,000
80,600
The afore-mentioned traffic concurrency approval allows an entitlement of 63,775 square feet of office use and
32,666 square feet of light industrial use with a total of 96,441 square feet for the proposed PCD developments
without exceeding the 962 PM peak hour trip threshold. Consequently, the applicant has allocated 57 PM peak hour
trips/16,275 square feet of office use and 32,666 square feet of light industrial use to Lot 1 of South Park Center
(companion petition) and reserved 62 trips/40,800 square feet of office use for Lot 9 with 73 trips/ 47,500 square
feet of office use remaining for any future development within NorthCorp PCD.
PM Peak Hour Trips Equivalent to Building
Square Feet
Reserved for Lot 1 of S. Center Park
(Anspach- Total: 48,941 Square Feet)
25
32
16,275 - Office
32,666 - Light Industrial
48,941
Available: 73 47.500 - Office
SUBTOTAL: 130 96,441
(Office: 63,775 square feet
Industrial: 32,666 square feet)
Used 770 116-room - Hotel
15,000 - Design Center
50,000 - Warehouse
380,193 - Office
129,511 - Industrial
80,000 - Self Storage
Reserved for lot 9 of S. Center Park 62 40,800 - Office
TOTAL: 962 116-room - Hotel
15,000 - Design Center
50,000 - Warehouse
443,968 - Office
162,177 - Industrial
80,000 - Self Storage
6
.
January 18, 1990
ORDINANCE 1, 1990
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
RESEARCH AND LIGHT INDUSTRIAL TO PCD AND PUD ZONING
COMPRISING THE PLATS OF NORTHCORP CENTER, RCA
BOULEVARD CENTER, WEST PARK CENTER AND SOUTH PARK
CENTER (THE ENTIRE LANDS COMPRISING THE FORMER
RCA SITE) ; AND, PROVIDING THAT SUBSEQUENT APPROVALS
SHALL BE BY RESOLUTION WITHOUT NEWSPAPER PUBLICATION
OF NOTICE BEING REQUIRED: AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
FLORIDA, AMENDING THE CURRENT ZONING FROM M-1,
WITH UNDERLYING ZONING OF M-1, ON ALL LANDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The Zonlng upon the lands known as "The Former
RCA Site" located within the City of Palm Beach Gardens, Florida, and
more particularly described in Exhiblt "A" attached hereto and made a
part hereof is hereby amended from M-1, Research and Light Industrial
Park Dlstrict, to PCD. The underlying zoning shall be and the same is
hereby designated as that set forth in the M-I, Research and Llght
Industrial Park District, City of Palm Beach Gardens Zoning Code.
Section 2. Attached hereto as Composite Exhibit 'tB1l and
made a part hereof are plats prepared by Hutcheon Engineers as
follows: Plat of NorthCorp Center, Plat of RCA Boulevard Center; Plat
of West Park Center and Plat of South Park Center.
The PCD consisting of the aforesaid described plats (Former
RCA Site) heretofore approved by the City, shall be developed In
accordance with the said plats, the Development Orders and Conditions
of approval entered and approved by the City on January 18, 1990.
Further, each lot within the foregoing plats is hereby deslgnated as a
Planned Unit Development and the indlvidualt Planned Unit Developments
are hereby created.
Section 3. Impact fees shall be paid by the developers of
the individual Planned Unit Developments as set forth in any appli-'
cable ordinance, law rule or regulation of any governmental body with
jurisdiction over the property development.
Section 4. Development of the individual Planned Unit
Devlopments within the Planned Cmunity District shall proceed in
accordance with the said Development Orders and Conditions of Approval
of January 18, 1990 attached to the Plat of West Park Center and the
Plat of South Park Center; and the general conditions as hereinafter
setforth:
1. Maximum floor area ratio (FAR) on the overall PCD project
shall not exceed 38%.
2. Minimum front yard setback for all buildings shall be:
A. 25' for a one (1) or two (2) story, or 25' high struc-
ture.
B. An additional one (1) foot setback for each three (3)
additional feet of building height above 25'.
3. Height restrictions:
Lots 4 & 13 (South Park Center) 6 stories
Lots 1 I2 (RCA Blvd. Center) 8 stories
Northcorp Center Site & Lots
5, 6, 7, 8, 9, 10, 11 10 stories
Lot 1 Lots 1. 2, 3 (South Park Center 12 stories
(South Park Center)
(West Park Center) &
Lot 12 (South Park Center) no development
peni tted
unless site is
compatable to
use of parcels
8.9, and 10, as approved by the
city Council.
4. Minimum Open Space* requirements:
Stori es Open Space -
28.0%
28.5%
29.0%
29.5%
30.0%
31.25%
1-4
5
6
7
8
9
10 32.50%
11 33.75%
12 35.0%
*Open Space is defined as living plant material, water, and
5. A. Antennas and microwave dishes shall be subjected to specific
landscaped plazas, as determined by the City Council.
PUD review for screening.
B. All roof-mounted equipment shall be totally screened.
6. The uses as outlined in Condition 21 shall be limited to 5x of
the total approved square footage for the PCD and at any time
during the development, no more than 10% shall be allowed.
7. No retail or comnercial on the first 250' north of Burns Road.
-2-
8. A 30-foot wide landscape buffer along Burns Road with a berm
average three feet in height and planting.
9. Lot coverage (structures) shall not exceed 40% of the Site area
for a two (2) story buildlng and shall be decreased by 2.5% for each additional floor of height above two stories (Example:
10 stories; 50 - 8 (2.5) = 20%).
Alternate A-1-A, shall be constructed or bonded by the property
owner prior to final plat approval.
Beach County Traffic Impact Ordlnance.
determine comnunity facilities impact fees and the timing of
payment for:
A. Recreation
6. Police
C. Fire
Property owner prior to the first building permit being issued
within the PCD, shall pay $75,000 for comnunity impact, which amount
shall be credited against any future police and fire impact fees
assessed against any development within the PCD.
13. The Property Owner or successors must comply with the DER
consent order.
14. Building floors will be protected from the 100 year - 3 day,
zero discharge storm event. Roadways will be protected from
the 10 year - 1 day storm event. Parking lots will be pro-
tected from the 3 year - 1 day storm event.
applicant will provide the size and location of the culverts
along Burns Road and 1-95, and provide for any off-site drainage.
16. The stormwater run-off from RCA Boulevard will need to be
directed into the on-slte stormwater management system in
the final design.
17. The off-site drainage ditches that serve the project will need to be cleaned of debris, vegetation, and backfill prior to
Issuance of the first building permit, on any parcel except
the Northcorp Center site.
replaced prior to issuance of the first building permit, on any parcel except the Northcorp Center site.
19. The littoral planting shall be installed along the water
retention area on the west side of the project if required by S.F.W.M.D.
tinuity along all R.O.W. A streetscape/buffer plan for this
PCD shall be presented to the City Council for approval by subsequent resolutlon prior to the issuance of approval of the
first PUD.
10. A 7' pathway (east/west) along Burns Road, from 1-95 to
11. Traffic impact fees must be paid in accordance with the Palm
12. City Council, ln conjunction with the Developer(s), shall
15. Prior to the final surface water management calculations,
18. The existing corrugated aluminum weir (riser) will need to be
20. The Property Owner will continue a uniform streetscape con-
-3-
21. The following are uses allowed with the submission of each PUD,
in addition to industrial and office and other M-1 uses:
(Please see Condition 6 for clarity)
1. Retail:
Wearing Apparel
Toys
Sundries
dewel ry
Camera/ Pho tos
Florist
Gift Shop
Del i catessen
Bakery
Office Equipment
Food and Drug Sales (each food or drug store shall be
limited to a maximum of 5,000 sq. ft.)
2. Service Establishments:
Barber/Beauty Shop
Shoe Repair
Laundry/Dry Cleaner
Print Shop
Travel AGency
Employment OffIce
Res tau rant
Health Club
a maximum of 120 guest rooms or suites or cambination of
rooms and suites.
4. Art Gallary, Museum, Dance, Art or Music Studio.
5. Retail sale of beer and wine if in conjunction with
restaurant or convenience store.
3. Hotelhtotel - One allowed in the project, limited to a
6. Day Care Center.
7. Bar/Liquor Store, when approved by Resolution of the
city Council.
8. Laundromat
9. Car Wash
10. Fraternal Organization
11. Comnercial Recreation including ancillary driving ranges.
22, Kahart Pinder's conditions from his letter dated 1-8-90, and
recomnendation 1-18-90, as follows:
I. Plats of West Park Center and Plats of South Park Center
1. The maximum trip generation for new constructlon
approved in the Plat of West Park Center together with
the development approved in the Plat of RCA Boulevard
Center and in the Plat of South Park Center, shall not
exceed six thousand sixty-three (6,063) daily trips, or nine hundred sixty-two (962) PM peak hour trips
("Maximum Daily Trips" and "Maximum PM Peak Hour Trips",
respectively).
2. Any applicant appearing before the Planning and Zoning
Comnission and the City Council shall provide a calculation of the daily and peak hour trips associated
with the proposed project. A calculation of the daily
and PM peak hour trlps shall be undertaken utilizlng the
Institute of Transportation Engineers# (ITE) "Trip
Generation", Fourth Edition.
-4-
11. Plat of West Park Center
Prior to the issuance of any building permit for any
building for any land use in Lot 1, Plat of West Park
Center, the construction contract shall have been let for
the following road improvement and open to the public
prior to the issuance of any certificates of occupancy on
said Lot 1:
(a) Addition of one (1) eastbound, left-turn lane to provide dual left-turn lanes at the intersection of
RCA Boulevard and Alternate A-1-A.
111. Plat of South Park Center
Prior to the issuance of building pet'mlts and/or cer-
tificates of occupancy for any building on certain lots
withln the Plat of South Park Center as more fully detailed
below, certain road improvements shall be under contract
and/or complete and open to the public as follows:
(a) Prior to the Issuance of any building permits for any land uses on Lots 1, 2, 3, 4, 5, 6 or 7, the Contract
let for construction of West Park Drive as a two lane
as well as single northbound, southbound, eastbound
and westbound left-turn lanes at the intersection of
Burns Road with Riverside Drlve/West Park Orlve.
(b) Prior to the issuance of any building permits for any land uses on Lots 7, 8, or 9, the Contract let for
construction of the extension of NorthCorp Parkway
in a two lane section easterly to its proposed
terminus at East Park Drive. These improvements shall
be complete and open to the public prior to the
issuance of any certificates of occupancy for land
uses on the foregoing Lots 7, 8, and 9.
(c) Prior to the issuance of any building permits for any land uses on Lots 4, 5, 8, 9, 10, 11, 12, or 13, the
Contract let for construction of East Park Drive In
a two lane section including one add1 tional westbound
right-turn lane as well as single eastbound and
southbound left-turn lanes at the intersection of
Burns Road and East Park Drive. These improvements
shall be complete and open to the public prior to
issuance of any certificates of occupancy for land
uses on the foregolng Lots 4, 5, 8, 9, 10, 11, 12, or
13.
Prior to the issuance of any building permits or
series of building permits for any land uses
generating more than three thousand, flve hundred
sixty-nlne (3,569) daily trips or five hundred
sixty-slx (566) PM peak hour trips for any uses on
the presently undeveloped lots in the Plat of RCA
Boulevard Center, the Plat of West Park Center and the Plat of South Park Center: Contract let for
COnStrUctiOn of one eastbound right-turn lane at the intersection of Burns Road and Alternate A-1-A,
together with an extension of the storage lane for
the single left-turn lane, and one westbound right-
turn lane at the intersection of Burns Road and
MI 1 I tar) Trai 1. These improvements shall be complete and open to the public prior to Issuance of any
certificates of occupancy for any land uses generatlng inore than three thousand five hundred
sixty-nlne (3,569) daily trlps or five hundred sixty- six (566) PM peak hour WpS from the undeveloped
lots in the above referenced plats.
(d)
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e) Prior to the issuance of any building permits for any undeveloped lots in the Plat of South Park Center, the
contract shall be let for installation of a traffic
signal at the Burns Road and Riverside Drlve/West
Park Drive intersection including all appropriate
pavement markings, signing, lighting and the like as
approved by Palm Beach County, if warranted.
IV. All parcels within the Plat of South Park Center, shall
provide a signal warrant study to determine if signal iza-
tion is required at the Intersection of Burns Road with Rlvetside Drive/West Park Drive. The signal warrant study
shall be based on a time frame coincident with the build-
out of all development with the Plat of South Park Center,
the Plat of West Park Center and the Plat of RCA Boulevard
Center and shall include the total traffic generated by all
previously approved projects in the Plat of RCA Boulevard
Center, the Plat of West Park Center and the Plat of South
Park Center as well as traffic generated by those approved
projects included in the traffic study for these plats.
Only the construction of the eastbound right-turn lanes at
the Burns Road/Al ternate A-1-A intersection and the west-
bound right-turn lane at the Burns Roadhi 11 tary Trai 1
intersection shall be considered off-site improvements.
All other improvements are site related.
Additional Right of Way Dedication
In addition to the right-of-way dedicated on the PLAT of SOUTH
PARK CENTER, the Developer, prior to plat recordation, shall
dedicate such additional right-of-way as may be required for the
reconstruction of the intersection of Burns Road with Alternate
A-1-A generally described as a maximum of an additional 35 feet
beginning at the intersection for a distance of 400 feet west
of the intersection with a taper to 0 feet at a point approxima-
tely 830 feet west of the intersection. Provided, however, once
plans are approved for the intersection, should any right-
of-way which is conveyed not be required for construction of the
Intersection, any excess land shall be imnediately reconveyed
to the property owner or his successors and assigns.
23. Prior to the submittal of each PUD application the Petitioner or agent will meet on site with the City Forester to review the
site conditions which the City forester wishes to be addressed
in the site plan.
24. Site Plan Review/PUD - No land clearing or tree removal be
allowed without written approval of the City Forester. In
addition, pursuant to the PCD Plan, the owners of the properties
may designate and develop areas not subject to PUD review and
approval, only upon field inspection and written approval of the
City Forester. As part of the application for each PUD approval, the following shall be submitted:
(a) Tree survey and tree analysis prepared by a registered landscape architect or similarly qualified professional,
which for trees with a caliber of three inches or more
describes type of tree, location, caliber, and whether it
will be removed, replaced, or relocated.
(b) All existing Oak trees with a caliber of eight inches or greater will be preserved and protected during construction.
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25. The Property Owner agrees and is obligated to include or cause to be included the property ("Property") in any Unit of develop-
ment, special district, comnunity development district or local
unit of special purpose government created by a duly constituted
governmental entity ("Speclal District') for the purpose of
planning, establ tshing, acquiring, constructing, reconstructing,
enlarging, extending, equipping, operating, or maintainlng water
management or roads and associated facllltles, benefiting the
Property and all or part of the City of Palm Beach Gardens,
Florlda; provided, however, that a1 1 assessments for such
facilities shall be imposed on a uniform basis applled pro-rata
to all property benefited by the Special District (i.e., acre by
acre or residence by residence) and shall be determined in
accordance with the applicable laws, ordinances, rules and regu-
lations of the State of Florida, County of Palm Beach and the
City of Palm Beach Gardens. Provided further, that upon
creation of any Special District it must be demonstrated by
the Special District that direct benefit is accrued to the
Property and the direct benefit to the Property as determined
by the Circuit Court of Palm Beach County, Florida, and any
costs incurred by the Property by reason of other sections of
this requirements shall be credited to the Property by such
Special District. The owners of the Property shall be given not
less than 120 days prior written notice before formation of any
Special District and shall be entltled to participate in all
proceedings relating to the Special District Includlng the right
to appeal any determination of beneflt to the Property.
266 Prior to recording a Final Plat, 50% of the Cost of construction
of an at grade pedestrian crossing and signalization at the
Comnunity Center on Burns Road, must be paid to the City.
27. A Helipad shall be a permitted use in this PCD.
Section 5. Review of subsequent developments on the indlvidual
PUDs shall be by the Cityls Planning and Zoning Comnission and by the
City Council, and approval shall be by Resolution. A Public Hearing and
publication of notice in a newspaper of general circulation for the
meetings on subsequent Resolutions shall not be required.
Section 6. If any part or portion of this Ordinance shall be
found to be invalid by a Court of competent jurisdiction, the remainder
of the Ordinance shall remain In full force and legal effect.
Section 7. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 8. This Ordinance shall be effective upon date of
passage.
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ORDINANCE 9,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 1, 1990
RELATING TO THE NORTHCORP PLANNED COMMUNITY
DEVELOPMENT (PCD) AND PLANNED UNIT DEVELOPMENT
(PUD); TRANSFERRING THE CONDITIONS OF APPROVAL OF
THE NORTHCORP PCD AND PUD TO RESOLUTION 19,2006; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 18, 1990, the City Council adopted Ordinance I, 1990,
thereby approving rezoning from M-I , Research and Light Industrial, to Planned
Community Development (PCD) and Planned Unit Development (PUD) with an
underlying zoning of M-I and the master development plan for said PCD; and
WHEREAS, the City has received a request from Cotleur and Hearing, Inc.,
agent for RCA Drainage Association (the “Applicant”), to amend the development order
of the NorthCorp Planned Community Development (PCD) modifying and adding certain
conditions of approval of Ordinance 1, 1990 to be consistent with the Traffic
Performance Standards Ordinance of Palm Beach County; and
WHEREAS, the Growth Management Department has reviewed the application
and has determined that it is more appropriate that the conditions related to the
NorthCorp PCD be transferred to Resolution 19, 2006 and that the conditions be
modified therein; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: January 25,2006
Date Prepared: January 25, 2006
Ordinance 9, 2006
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SECTION 2. Section 1 of Ordinance 1, 1990 is amended to read: The zoninq
upon the followinn described property known as the NorthCorD development is hereby
designated Planned Community Development (PCD). Thc Z-
DrnThe underlying zoning shall be and the same is hereby designated as that set
forth in the M-I, Research and Light Industrial Park District, City of Palm Beach
Gardens- Land Development Renulations.
LEGAL D ESC RI PT IO N :
THE PLAT OF RCA PARK, A REPLAT OF RCA BOULEVARD CENTER PLAT, AS
RECORDED IN PLAT BOOK 83, PAGES 63 AND 64, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, CONSISTING OF 6.17 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF SOUTH PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
87 AND 88, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 49.40 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF NORTHCORP CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
93 AND 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 29.48 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF WEST PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES 91
AND 92, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 17.64 ACRES, MORE OR LESS.
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Date Prepared: January 25,2006
Ordinance 9, 2006
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Date Prepared: January 25,2006
Ordinance 9, 2006
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Date Prepared: January 25,2006
Ordinance 9, 2006
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SECTION 3. Section 2 of Ordinance 1, I990 is amended to read: The above-
described propertv known as the NorthCorp development is herebv designated Planned
Unit Development (PUD).) ExW - awhdc 8 @ &I I# ..
Tkc PCD cw cf $" :F-/\. ..
SECTION 4. Sections 3 through 4, inclusive, of Ordinance 1, 1990, are hereby
transferred to Resolution 19, 2006. Any future amendments to the development plans
and/or conditions of approval shall be accomplished by Resolution of the City Council.
SECTION 5. Sections 5 through 7, inclusive, of Ordinance 1, 1990 are repealed
in their entirety.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: January 25,2006
Ordinance 9,2006
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PASSED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl E N CY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDlNANCES\northcorp - ord 9 2006 - final clean.doc
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Date Prepared: January 25,2006
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RESOLUTION 19,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
DEVELOPMENT (PCD), GENERALLY LOCATED NORTH OF
BURNS ROAD, SOUTH OF PGA BOULEVARD, EAST OF
INTERSTATE 95, AND WEST OF ALTERNATE AIA, AS MORE
PARTICU LARLY DESCRl BED HE REIN, TO MODIFY CERTAl N
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
THE 103-ACRE NORTHCORP PLANNED COMMUNITY
WHEREAS, on January 18,
thereby approving rezoning from
Community Development (PCD)
1990, the City Council adopted Ordinance
M-I, Research and Light Industrial, to
and Planned Unit Development (PUD)
1, 1990,
Planned
with an
underlying zoning of M-I , and the master development plan for said PCD; and
WHEREAS, the City has received a request from Cotleur and Hearing, Inc.,
agent for RCA Drainage Association (the “Applicant”), to amend the development order
of the NorthCorp PCD to modify and add certain conditions of approval to be consistent
with the Traffic Performance Standards Ordinance of Palm Beach County; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, by adoption of Ordinance 9, 2006, the City Council determined that
the PUD and PCD master plan approvals and related conditions for the NorthCorp PCD
contained in Ordinance 1, 1990 shall be transferred to this Resolution; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: January 25,2006
Resolution 19,2006
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SECTION 2. The NorthCorp Planned Community Development (PCD) and
Planned Unit Development are hereby APPROVED on the following described real
property to permit the following development and conditions of approval:
THE PLAT OF RCA PARK, A REPLAT OF RCA BOULEVARD CENTER PLAT, AS
RECORDED IN PLAT BOOK 83, PAGES 63 AND 64, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, CONSISTING OF 6.17 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF SOUTH PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
87 AND 88, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 49.40 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF NORTHCORP CENTER, AS RECORDED IN PLAT BOOK 67, PAGES
93 AND 94, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 29.48 ACRES, MORE OR LESS;
TOGETHER WITH:
THE PLAT OF WEST PARK CENTER, AS RECORDED IN PLAT BOOK 67, PAGES 91
AND 92, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
CONSISTING OF 17.64 ACRES, MORE OR LESS.
SECTION 2. The above described property is subject to the following amended
conditions, which shall be binding upon the Applicant, its successors, assigns, andlor
grantees:
1. Maximum floor area ratio (FAR) on the overall PCD project shall not exceed
38%.
2. Minimum front yard setback for all buildings shall be:
A. 25’ for a one (1) or two (2) story, or 25’- high structure.
B. An additional one (1) foot setback for each three (3) additional feet of
building height above 25’.
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Date Prepared: January 25,2006
Resolution 19, 2006
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3. Height restrictions:
Lots 4 & 13
Lots 1 & 2
NorthCorp Center Site and Lots
5, 6, 7, 8, 9, IO, 11 (South Park Center)
Lot 1 (West Park Center) &
Lots I, 2, 3 (South Park Center)
Lot 12 (South Park Center)
(South Park Center)
(RCA Blvd. Center)
6 stories
8 stories
10 stories
12 stories
no development permitted
unless site is compatible to
use of parcels 8,9, and
IO, as approved by the
City Council.
4. Minimum Open Space* requirements:
Stories Open Space
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28.5%
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31.25%
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35.0%
33.75 Yo
*Open Space is defined as living plant material, water, and landscaped
plazas, as determined by the City Council.
5.
A. Antennas and microwave dishes shall be screened pursuant to Citv .. Code requirements. s&qe&&e 7
B. All roof-mounted equipment shall be totally screened pursuant to Citv
Code requirements.
6. The uses as outlined in Condition 21 shall be limited to 5% of the total
approved square footage for the PCD, and at any time during the
development, no more than 10% shall be allowed.
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Date Prepared: January 25,2006
Resolution 19, 2006
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No retail or commercial on the first 250’ north of Burns Road. (SATISFIED)
A 30’-wide landscape buffer along Burns Road with a berm average 3’ in
height and planting. (SATISFIED)
Lot coverage (structures) shall not exceed 40% of the site area for a two (2)
story building and shall be decreased by 2.5% for each additional floor of
height above two (2) stories (example: 10 stories; 50 - 8 (2.5)= 20%).
A 7’ pathway (easvwest) along Burns Road from 1-95 to Alternate AIA shall
be constructed or bonded by the property owner prior to final plat approval.
(SATl SF I ED)
-+ Impact Fees shall be paid as set forth in any
applicable ordinance, law. rule, or requlation of any qovernmental body with
jurisdiction over the property.
The property owner, prior to the first building permit being issued within the
PCD, shall pay $75,000 for community impact, which amount shall be
credited against any future police and fire impact fees assessed against any
development within the PCD. (SATISFIED)
The property owner or successors must comply with the DER consent
order. (SATl S F I ED)
Building floors will be protected from the 100 year - 3 day, zero discharge
storm event. Roadways will be protected from the 10 year - 1 day storm
event. Parking lots will be protected from the 3 year - 1 day storm event.
Prior to the final surface water management calculations, the Applicant will
provide the size and location of the-culverts along Burns Road and 1-95 and
provide for any off-site drainage. (SATISFIED)
The stormwater run-off from RCA Boulevard will need to be directed into the
on-site stormwater management system in the final design. (SATISFIED)
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Date Prepared: January 25,2006
Resolution 19,2006
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17. The off-site drainage ditches that serve the project will need to be cleaned
of debris, vegetation, and backfill prior to the issuance of the first building
permit on any parcel except the NorthCorp Center site. (SATISFIED)
18. The existing corrugated aluminum weir (riser) will need to be replaced prior
to the issuance of the first building permit on any parcel except the
NorthCorp Center site. (SATISFIED)
19. The littoral planting shall be installed along the water retention area on the
west side of the project if required by SFWMD. (SATISFIED)
20. The property owner will continue a uniform streetscape continuity along all
rights-of-way. A streetscape/buffer plan for this PCD shall be presented to
the City Council for approval by subsequent Resolution prior to the issuance
of approval of the first PUD. (SATISFIED)
21. The following are uses allowed with the submission of each W4.D site plan,
in addition to industrial and office and other M-I uses:
(Please see Condition 6 for clarity)
$A Retail:
Wearing Apparel
Toys
Sundries
Jewelry
Camera/Photos
Florist
Gift Shop
Delicatessen
Bakery
Office Equipment
Food and Drug Sales (each food or drug store shall be limited to a
maximum of 5,000 sq. ft.)
&I& Service Establishments:
BarbedBeauty Shop
Shoe Repair
Laundry/Dry Cleaner
Print Shop
Travel Agency
Employment Office
Restaurant
Health Club
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Date Prepared: January 25,2006
Resolution 19.2006
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&G HoteVMotel - One allowed in the project, limited to a maximum of 120
guest rooms or suites or combination of rooms and suites
4& Art Gallery, Museum, Dance, Art, or Music Studio
5& Retail sale of beer and wine if in conjunction with restaurant or
convenience store
&L Day Care Center
?&. Bar/Liquor Store, when approved by Resolution of the City Council
&N Laundromat
CkL CarWash
mLFraternal Organization
+LE Commercial Recreation including ancillary driving ranges.
22. l-G3kH? ?I,detX I Transportation conditions -d 1, 3 &awi
nI IQ 9& as follows:
-LA Plats of West Park Center and Plats of South Park Center
(1) The maximum trip generation for new construction approved in
the Plat of West Park Center together with the development
approved in the Plat of RCA Boulevard Center and in the Plat of
South Park Center, shall not exceed
hour, or nine hundred sixty-two (962) PM peak-hour trips ri- * ’I “Maximum AM Peak-Hour Trips” and
“Maximum PM Peak-Hour Trips”, respectively).
Q\ rl v, u atlyhps nine hundred seventy-seven (977) AM peak
(2) Any applicant appearing before the Planning, and Zoning,
and Appeals Board and the City Council shall
provide a calculation of the ck4yawi peak-hour trips associated
with the proposed project. A calculation of the datlywand PM
peak-hour trips shall be undertaken utilizing the latest edition of
- the Institute of Transportation Engineers’ (ITE) “Trip Generation”,
as required by the Countv Traffic Performance
Stand a rd s .
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Date Prepared: January 25,2006
Resolution 19,2006
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kB, Plat of West Park Center (SATISFIED)
Prior to the issuance of any building permit for any building for any land
use in Lot 1, Plat of West Park Center, the construction contract shall
have been let for the following road improvement and open to the
public prior to the issuance of any certificates of occupancy on said Lot
1:
(1) Addition of one (1) eastbound, left-turn lane to provide dual left-
turn lanes at the intersection of RCA Boulevard and Alternate
AI A.
++Is. Plat of South Park Center (SATISFIED)
Prior to the issuance of building permits and/or certificates of
occupancy for any building on certain lots within the Plat of South Park
Center, as more fully detailed below, certain road improvements shall
be under contract and/or complete and open to the public as follows:
(al) Prior to the issuance of any building permits for any land uses on
Lots 1, 2, 3, 4, 5, 6 or 7, the contract let for construction of West
Park Drive as a two-lane road, as well as single northbound,
southbound, eastbound and westbound left-turn lanes at the
intersection of Burns Road with Riverside DriveNVest Park Drive.
(W) Prior to the issuance of any building permits for any land uses on
Lots 7, 8, or 9, the contract let for construction of the extension of
NorthCorp Parkway in a two-lane section easterly to its proposed
terminus at East Park Drive. These improvements shall be
complete and open to the public prior to the issuance of any
certificates of occupancy for land uses on the foregoing Lots 7, 8,
and 9.
(63) Prior to the issuance of any building permits for any land uses on
Lots 4, 5, 8, 9, IO, 11 , 12, or 13, the contract let for construction of
East Park Drive in a two-lane section, including one additional
westbound right-turn lane as well as single eastbound and
southbound left-turn lanes at the intersection of Burns Road and
East Park Drive. These improvements shall be complete and
open to the public prior to issuance of any certificates of
occupancy for land uses on the foregoing Lots 4, 5, 8, 9, IO, 11 ,
12, or 13.
(a) Prior to the issuance of any building permits or series of building
permits for any land uses generating more than three thousand
five hundred sixty-nine (3,569) daily trips or five hundred sixty-six
7
Date Prepared: January 25,2006
Resolution 19, 2006
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(566) PM peak-hour trips for any uses the presently undeveloped
lots in the Plat of RCA Boulevard Center, the Plat of West Park
Center, and the Plat of South Park Center, the contract shall be
let for construction of one eastbound right-turn lane at the
intersection of Burns Road and Alternate A-I-A, together with an
extension of the storage lane for the single left-turn lane, and one
westbound right turn lane at the intersection of Burns Road and
Military Trail. These improvements shall be complete and open to
the public prior to the issuance of any certificates of occupancy for
any land uses generating more than three thousand five hundred
sixty-nine (3,569) daily trips or five hundred sixty-six (566) PM
peak-hour trips from the undeveloped lots in the above-
referenced plats.
(ez) Prior to the issuance of any building permits for any undeveloped
lots in the Plat of South Park Center, the contract shall be let for
installation of a traffic signal at the Burns Road and Riverside
Drivemest Park Drive intersection, including all appropriate
pavement markings, signing, lighting, and the like as approved by
Palm Beach County, if warranted.
WE. All parcels within the Plat of South Park Center shall provide a signal
warrant study to determine if signalization is required at the
intersection of Burns Road with Riverside DriveNVest Park Drive. The
signal warrant study shall be based on a time frame coincident with the
build out of all development with the Plat of South Park Center, the Plat
of West Park Center, and the Plat of RCA Boulevard Center and shall
include the total traffic generated by all previously-approved projects in
the Plat of RCA Boulevard Center, the Plat of West Park Center, and
the Plat of South Park Center as well as traffic generated by those
approved projects included in the traffic study for these plats.
(SAT1 SFl ED)
Only the construction of the eastbound right-turn lanes at the Burns
Road/Alternate AI A intersection and the westbound right-turn lane at
the Burns Road/Military Trail intersection shall be considered off-site
improve men ts .
All other improvements are site related.
Add it ion a I Riq h t-of-W av Ded ica t io n
In addition to the right-of-way dedicated on the Plat of South Park
Center, the Developer, prior to plat recordation, shall dedicate such
additional right-of-way as may be required for the reconstruction of the
intersection of Burns Road with Alternate AIA generally described as a
a
Date Prepared: January 25,2006
Resolution 19, 2006
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maximum of an additional 35 feet beginning at the intersection for a
distance of 400 feet west of the intersection with a taper to 0 feet at a
point approximately 830 feet west of the intersection. Provided,
however, once plans are approved for the intersection, should any
right-of-way which is conveyed not be required for construction of the
intersection, any excess land shall be immediately reconveyed to the
property owner or his successors and assigns. (SATISFIED)
.. 23. Prior to the submittal of each W4Q site plan application, the l+tttww
Applicant or agent will meet on site with the City Forester to review the site
conditions which the City forester wishes to be addressed in the site plan.
24. Site Plan Review/PUD - No land clearing or tree removal yJl be allowed
without written approval of the City Forester. In addition, pursuant to the
PCD Plan, the owners of the properties may designate and develop areas
not subject to PUD review and approval, only upon field inspection and
written approval of the City Forester. As part of the application for each
W site plan approval, the following shall be submitted:
@+&Tree survey and tree analysis prepared by a registered landscape
architect or similarly qualified professional, which for trees with a
caliper of three inches or more describes type of tree, location, caliper,
and whether it will be removed, replaced, or relocated.
All existing oak trees with a caliper of eight inches or greater will be
preserved and protected during construction.
25. The property owner agrees and is obligated to include or cause to be
included the property ("Property") in any unit of development, special
district, community development district, or local unit of special purpose
government created by a duly constituted governmental entity ("Special
District") for the purpose of planning, establishing, acquiring, constructing,
reconstructing, enlarging, extending, equipping, operating, or maintaining
water management or roads and associated facilities, benefiting the
Property and all or part of the City of Palm Beach Gardens, Florida;
provided, however, that all assessments for such facilities shall be imposed
on a uniform basis applied pro-rata to all property benefited by the Special
District (i.e., acre by acre or residence by residence) and shall be
determined in accordance with the applicable laws, ordinances, rules, and
regulations of the State of Florida, County of Palm Beach, and the City of
Palm Beach Gardens. Provided further, that upon creation of any Special
District it must be demonstrated by the Special District that direct benefit is
accrued to the Property and the direct benefit to the Property as determined
by the Circuit Court of Palm Beach County, Florida, and any costs incurred
by the Property by reason of other sections of these requirements shall be
credited to the Property by such Special District. The owners of the
9
Date Prepared: January 25,2006
Resolution 19, 2006
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Property shall be given not less than 120 days prior written notice before
formation of any Special District and shall be entitled to participate in all
proceedings relating to the Special District, including the right to appeal any
determination of benefit to the Property.
26. Prior to recording a Final Plat, 50% of the cost of construction of an at-grade
pedestrian crossing and signalization at the Community Center on Burns
Road must be paid to the City. (SATISFIED)
27. A Helipad shall be a permitted use in this PCD.
SECTION 3. Said approval shall be in compliance with the following documents
on file with the City’s Growth Management Department:
1. Traffic Evaluation with attachments, prepared by Kimley-Horn and
Associates, Inc., received and date stamped by the City on December 16,
2005.
SECTION 4. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 5. All future amendments to the NorthCorp PCD shall be approved by
Resolution.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 25,2006
Resolution 19,2006
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
--~
---
---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\pbgsfile\attorney\attorney_share\resolutions\resolution 19 2006 ccl nesclean2.doc
11
CI7l'OF PALM BEACH GARDENS
Department of Engineering
and Public Works
P.O. Box 21 229
West Palm Beach, FL 33416-1229
(561) 684-4000
www,pbcgov.com
Palm Beach County
Board of County
Commissioners
Tony Masilotti. Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
-An Equal Opportunity
Aflirmative Action Employer"
December 19,2005
Mr. Michael Sanchez
Principal Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 3341 0
D€C 2 7 iuu5
RE: Anspach, Lot 1 and Lot 2
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Sanchez:
The Palm Beach County Traffic Division has reviewed the traffic statement for the
expansiori of ihe Arispach developmen: located within the Nortncorp PCD, pursuant to
the Traffic Performance Standards in Article 12 of the Palm Beach County Land
Development Code. The project is summarized as follows:
Location:
Municipality: Palm Beach Gardens
Existing and Approved Uses:
west side of Alternate AIA between RCA Blvd. and Burns Rd.
11 6-room Hotel; 15,000 sf Design Center; 50,000 sf
Warehouse (Lot # 9); 380,193 sf Office; 12931 1 sf Industrial;
and 80,600 sf Self Storage
11 6-room Hotel; 15,000 sf Design Center; 50,000 sf
Warehouse (Lot # 9); 443,968 sf Office; 162,177 sf
Industrial; and 80,600 sf Self Storage
0 (this is an equivalency)
0 (this is an equivalency)
New Proposal:
New Daily Trips:
New PH Trips:
Based on our review, the Traffic Division has determined that the revised
development plan of the previously approved Northcorp PCD meets the Traffic
Performance Standards of Palm Beach County because it does not exceed the '' 962
maximum PM peak hour trips" specified in Condition # 22 of City of Palm Beach
Gardens Ordinance 1, 1990. However, the Traffic Division has the following
recommendations with respect to Development Order conditions:
1) Condition # 22 of the current Development Order (City Ordinance 1, 1990)
also specifies a 6063 maximum daily trip limit. Although a daily trip standard
is no longer part of the Traffic Performance Standards Ordinance, it is still part
of this condition and can be enforced by the municipality.
2) Although specified by Condition # 22, the use of the 4'h Edition of the Institute
of Transportation Engineers (ITE) book "Trip Generation" to calculate trip
generation volumes is not consistent with the current Traffic Performance
Standards Ordinance. However, due to the absence of a Master Plan
identifying an approved set of land uses and quantities at the time of the
original 1990 year project approval, the 4'h Edition was determined to be an
appropriate means to arrive at this vesting information.
pdnied on recycled paper
i I ,
Page 2
3) To establish consistency with the current Traffic Performance Standards, the
following changes are recommended to Condition # 22.1. Plats of West Park
Center and Plats of South Park Center:
“ 1. The maximum trip generation for new construction approved in the Plat of
West Park Center together with the development approved in the Plat of RCA
Boulevard Center and in the Plat of South Park Center, shall not exceed six
{ nine hundred seventy-seven (977) AM peak hour, or nine hundred sixty-two (962) PM peak hour trips (“-
€My%$&! “Maximum AM Peak Hour Trips” and “Maximum PM Peak Hour Trips”, respectively).
2. Any applicant appearing before the Planning and Zoning Commission and
the City Council shall provide a calculation of the cia&-a& peak hour trips
associated with the proposed project. A calculation of the datly-mand PM
peak hour trips shall be undertaken utilizing the latest edition of the Institute of
Transportation Engineers (ITE) ‘Trip Generation’ ,- as required
by the County Traffic Performance Standards.”
..
4)
Rules set forth in the Traffic Performance Standards Ordinance.
The County traffic concurrency approval is subject to the Project Aggregation
If you have any questions regarding this determination, please contact me at 684-
4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Allan A. Ennis, P.E., AlCP
Assistant Director - Traffic Division
cc:
,
Lorin Brissett, P.E., Kimley-Horn and Associates, Inc.
Tammy Lee, Palm Beach County Deputy County Engineer’s Office
File: ’ General - TPS - Mun - Traffic Study Reviews
F:\TRAFFIC\ma\Admin\pprovals\051221 .doc
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Ordinance 9,2006 / Resolution 19,2006
TABLE 1
The NorthCorp PCD was approved with the following summary:
Office
Industrial
Hotel
Design Center
Warehouse
Self Storage
Proposed Expansion
(square feet)
63,775
32,666
none
none
none
none
Existing and Approved Uses
(square feet)
380,193
129,5 1 1.
1 16-room
15,000
50,000
80,600
Total
(square feet)
443,968
162,177
1 16-room
15,000
50,000
80,600
The County traffic concurrency approval allows 63,775 square feet of office use and 32,666 square feet of light
industrial use, with a total of 96,441 square feet, for the proposed PCD development without exceeding the 962 PM
peak hour trip threshold. Consequently, the applicant has allocated 57 PM peak hour trips/16,275 square feet of
office use and 32,666 square feet of light industrial use to Lot 1 of South Park Center (companion petition) and
reserved 62 trips/40,800 square feet of office use for Lot 9 with 73 trips/ 47,500 square feet of office use remaining
for any future development within NorthCorp PCD.
PM Peak Hour Trips Equivalent to Building
Square Feet
Reserved for Lot 1 of S. Center Park
(Anspach- Total: 48,941 Square Feet)
25
32
16,275 - Office
32,666 - Light Industrial
48,941
Available: 73 47.500 - Office
SUBTOTAL: 130 96,441
(Office: 63,775 square feet
Industrial: 32,666 square feet)
Used 770 116-room - Hotel
15,000 - Design Center
50,000 - Warehouse
380,193 - Office
129,511 - Industrial
80,000 - Self Storage
Reserved for lot 9 of S. Center Park 62 40.800 - Office
TOTAL: 962 116-room - Hotel
15,000 - Design Center
50,000 - Warehouse
443,968 - Office
162,177 - Industrial
80,000 - Self Storage
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: February 21,2006
Meeting Date: March 2,2006
Resolution 20,2006
Subject / Agenda Item: Resolution 20,2006/Petition SPLN-05-11-000003: Anspach Site
Plan Amendment
Public Hearing & Consideration for Approval: A request by Cotleur & Hearing, Inc., agent for
Anspach Holdings, Ltd., for an amendment to the previously approved site plan to allow
approval of a 48,941 square-foot building, located on Lot 1 of the 7.0-acre site, which comprises
Lot 1 of the South Park Center plat and Lot 2 of the West Park Center plat in the NorthCorp
Planned Community Development (PCD). The subject site is generally located at the southwest
comer of the intersection of Riverside Drive and NorthCorp Parkway.
[ X ] Recommendation to APPROVE with four waivers and conditions
Growth Management:
Project Manager
Planning Manager
Tala1 M. Benothman
City Attorney
Christine Tatum
Allan Owens
Development Compliance
Economic Development
Joyce C. Cai :d
Planner
[XI Quasi - Judicial
[ ] Legislative
[ 3 Public Hearing
Advertised:
Director Date: 0211 5/06
Dolores Paper: Palm Beach Post
mequired
[XI Not Required
Approved By:
Affected Parties:
- [ ]Notified
[ XI Not Required
FINANCE:
Costs: $ N/A
Total
$N/A
Current FY
Funding Source:
[ ] Operating
[XI Other&
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ 3 App. wl conditions
[ ]Denied
[ 3 Rec. approval
[ ] Rec. app. wl conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
Ordinance 1, 1990
0 Resolution 20,2006
Resolution 11, 2005
Resolution 47, 1992
Proposed Plans
0 Table2
RIMS I1 Analysis for
0 Request for TEPP
Expansion
Date Prepared: February 2 1,2006
Meeting Date: March 2 2006
Resolution 20,2006
EXECUTIVE SUMMARY
The proposed site plan amendment to the Anspach project is to allow a 48,941 square-foot
building consisting of 16,275 square feet of office space and 32,666 square feet of light industrial
space. The proposed building in this petition will replace the 17,270-square-foot building
previously approved on January 20,2005 through the adoption of Resolution 1 1,2005.
TARGETED EXPEDITED PERMITTING PROGRAM
Section 78-57 of the Code of Ordinances was created entitled “Targeted Expedited Permitted
Program” in accordance with Policy 13.1.1.6 of the Comprehensive Plan. Policy 13.1.1.6 states,
in part, that “the City shall maintain and develop programs to encourage and facilitate the
expansion and relocation of target industries in the City including but not limited to: Implement a
targeted expedited permitting program for companies that are expanding operations or moving
into the city so that value-added employment may be created at a faster pace.. .”
Section 78-57 was created to provide a legal basis to prioritize economic development projects in
the land development review process
without compromising the integrity of the City’s Comprehensive Plan or Land Development
Regulations.
This petition, with a companion petition PCDA-05-11-000001 (NorthCorp PCD amendment),
has qualified for the Targeted Expedited Permitting Program as an economic development
project, and has been accelerated in the review process pursuant to Ordinance 1,2006.
ECOMOMIC IMPACT ON AD-VALOREM TAXES
Based on a conservative estimate of $400 per a square foot construction cost for a
ResearchDevelopment building and based on current ad-valorem tax rate of 5.928 mills, the
Anspach expansion would generate approximately $1 16,049.00 additional tax revenue annually.
BACKGROUND
The subject site consists of Lot 1 of South Park Center (Lot 1) and Lot 2 of West Park Center
(Lot 2) and is bounded by Interstate 95 to the west, Northcorp Parkway to the north, Lot 2 of
South Park Center to the south and Riverside Drive to the east.
Lot 1 and Lot 2 are located within the NorthCorp Planned Community Development (PCD),
which was originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990.
Ordinance 1, 1990 united all lands comprising the plats of NorthCorp Center, RCA Blvd. Center,
West Park Center and South Park Center (the entire lands comprising the former RCA site) into
one development order. The original ordinance provided for an approval mechanism for future
petitions within the PCD, assigned site-specific restrictions to certain lots, established maximum
trip generations for the development, and established time-certain conditions of approval for
certain road and drainage improvements.
2
Date Prepared: February 2 1,2006
Meeting Date: March 2 2006
Resolution 20,2006
The original site plan for the subject site was approved by the City Council through the adoption
of Resolution 47, 1992, which permitted an increase of 7,500 square feet to the existing building
consisting of 25,985 square feet. Subsequently, Resolution 107, 1992 approved a wall mounted
building sign, and on September 23, 1997, an administrative approval granted a 17,032 square-
foot Phase I1 expansion to the building as well as changes to the landscape plan. The most recent
approval was on January 20, 2005, when the City Council adopted Resolution 11, 2005 to allow
for a new building with 17,270 square feet of light industrial use to be built on Lot 1 of the South
Park Center, which is the south portion of the site.
LAND-USE AND ZONING
The future land-use designation of the subject site as reflected on the City’s Future Land Use
Map is Industrial (I). The zoning classification of the site is Planned Community District (PCD)
Overlay with an underlying zoning of Research and Light Industrial Park (Ml).
The subject site is located at the intersection of Riverside Drive and NorthCorp Parkway within
the NorthCorp Planned Community Development. For a complete listing of adjacent uses, land
use designations and zoning districts, please refer to Table 1.
Subject
Property
North
South
East
West I
Existing Use
Anspach Building on north
portion (Lot 2)
Vacant on south portion (Lot 1)
Water Management Tract (W-1)
NorthCorp Center across
NorthCorp Parkway
Design Center on Lot 2 of S. Park
Center
(DecoratorsKeebler)
Light Industrial Building on Lot 6
& 7 across Riverside Dr. (Implant
Innovations)
Gardens Park across 1-95
Zoning
PCD/
M1- Research and Light Industrial
PCD/
M 1 - Research and Light Industrial
PCD/
M1- Research and Light Industrial
PCD/
M 1 - Research and Light Industrial
P/I - Public or Institutional
Land Use
I - Industrial
I - Industrial
I - Industrial
I - Industrial
ROS -
Recreation
Open Space
3
Date Prepared: February 2 1 , 2006
Meeting Date: March 2 2006
Resolution 20,2006
PROJECT DETAILS
The subject site consists of 7.0-acres and is located on Lot 1 of South Park Center and Lot 2 of
West Park Center, within the NorthCorp PCD. Lot 2 contains an existing 49,155 square-foot
building, which is being used for production services, research and professional offices
associated with the Anspach Company. With this petition, the applicant is seeking an approval
for the construction of a new building with 48,941 square feet on Lot 1, the southern portion of
the site. The proposed building will replace the 17,270-square-foot building approved (but un-
built) on January 20, 2005, through the adoption of Resolution 11, 2005. In this application, the
proposed building will provide 32,666 square feet of light industrial use and 16,275 square feet
of office use to accommodate the growth and operation expansion of the Anspach Company. The
Anspach Company specializes in the production of high-speed instrumentation for Neurosurgery,
Neurotology, Otology and Orthopedics.
The additional 48,941 square-foot building will be allocated from an entitlement of the
remaining 96,441 square feet of the overall PCD, which allocation has been requested through a
PCD amendment filed concurrently with this petition.
Access
The site will continue to have the existing ingress and egress access onto Riverside Drive and
NorthCorp Parkway. An additional exit-only access is proposed to be located near the southeast
comer of the site for vehicle delivery purpose.
Landscapinz
The minimum open space is 28% as required by condition 4 of Ordinance 1, 1990. The
applicant has provided 42.71%. The applicant is required to provide a total of 12,373.2 points of
landscaping for the site; the applicant has provided 14,209 landscape points (9,118 existing
points and 5,091 proposed points).
The undeveloped portion of the site is currently vegetated with pine trees. The applicant is
required to replace trees with an equal amount of vegetation around the property. The proposed
building will also require a relocation of existing conservation easements. One 6,961 square
feeV0.16 acres conservation easement has been proposed to be located along the south property
line. The City Forester has reviewed the proposed relocation of the conservation easements and
has no objections.
The proposed development plan provides a 20-foot-wide landscape buffer along Riverside Drive
that includes a 12-foot wide drainage easement, which is proposed to be abandoned by the
applicant. The landscape buffer along the western property line is required to be 15 feet in width
based upon the PCD Streetscape/Buffer Landscape Plan approved on Sept. 17, 1992 through the
adoption of Resolution 65, 1992. The proposed development plan provides for a buffer in excess
of 15 feet with existing and new trees proposed by the applicant. Along the south property line,
an 8-foot-wide buffer is proposed and is consistent with code requirements.
4
Date Prepared: February 2 1,2006
Meeting Date: March 2 2006
Resolution 20,2006
Site Lighting
The applicant is required to submit a signed and sealed photometric plan for the City Engineer’s
review and approval prior to building permit application submittal.
Parking
The applicant is proposing to provide a total of 195 parking spaces on the site. The minimum
number of spaces required by Code is 190 spaces, based on a ratio of one space per 1,000 square
feet of light industrial use (Laboratory, Industrial Research and Development) and one space per
250 square feet of office. The total number of handicapped parking spaces required is six (6);
the applicant has provided six (6).
The applicant is providing five (5) additional parking spaces beyond the minimum required by
Code. Since the applicant has provided 2.99 acres/42.71% of open space, which is 1.03
acres/14.71% more than the minimum required by Code, no additional open space is needed for
the increase in number of parking spaces.
The petitioner has requested a waiver as it relates to parking width dimension. The requested
waiver is to allow for 9.5-foot-wide parking spaces instead of 10-foot-wide parking spaces as
specified by Section 78-344(1) of the LDRs. According to Section 78-344(1)(2) of the LDRs,
additional pervious open space is required to be provided at a ratio of 1.5 sq. ft. for every square
foot of reduced paved parking area. This would require 1,484.63 square feet of additional open
space to be located within the same parking facility. The petitioner has met the minimum code
requirement on the additional open space for the reduction in parking space dimension.
Traffic Concurrency
The proposed expansion is consistent with the County’s Traffic Performance Standards
Ordinance and the City’s Traffic Concurrency. The County’s Traffic Division and the City’s
Engineer have raised no issues with respect to traffic and have both approved the traffic
statement and trip generation analysis submitted by the applicant.
Architecture
The proposed building will have three stories with a flat roof and maximum height of 60’ 11”.
On the east fagade, a covered canopy is also proposed extending 20’ 6” from the main entrance
and emphasizing the central entry to the building. Along the frontleast faqade of the proposed
building, a covered walkway, intended for weather protection, was also proposed above a seven
(7)-foot wide sidewalk running the full width of the building. The proposed building is generally
consistent with the existing building with respect to architectural style, building materials, and
color.
Signage
The applicant is proposing to move the existing principal tenant sign on the existing building and
place it on the newly proposed building on the west elevation facing on the third floor facing I-
5
Date Prepared: February 2 1,2006
Meeting Date: March 2 2006
Resolution 20,2006
95, as well as a tenant sign with 24” letter height on the third floor of the east elevation facing
Riverside Drive. Staff has included a condition of approval requiring the applicant to move the
subject sign to the new building prior to issuance of the Certificate of Occupancy.
According to Section 78-285 entitled “Permitted Signs”, the applicant is allowed one wall sign.
The applicant has requested two (2) waivers to: a) allow for one (1) additional tenant sign with
24” letter height on the east elevation facing Riverside Drive; and b) allow for the installation of
the two wall signs to be above the second floor line.
The applicant has also proposed a new monument sign to be located at the main entrance along
Riverside Drive. The style of the proposed sign will be the same as the existing monument sign
located at the site entrance along NorthCorp Parkway. The proposed monument sign is
permitted because the site meets the frontage criteria required for a second ground sign pursuant
to Section 78-285 of the LDRs.
Art in Public Places
The applicant has indicated that the construction cost of the proposed building will exceed one-
million dollars and therefore the Art in Public Places requirement is applicable to the proposed
development. The applicant has elected to pay cash in lieu of providing art as permitted by
Section 78-261 of LDRs.
[This space is intentionally left blank]
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Date Prepared: February 21,2006
Meeting Date: March 2 2006
Resolution 20,2006
Code Required/ Provided
Section Allowed
Waivers
Requested Recommendation
Waiver
Section 78-
344(1): Parking
Stall width
Section 78-
344(h): Off-
street parking &
loading
entrances and
10’ X 18.5’ 9.5’ X 18.5’ 0.5’ foot in width Approval (1)
100’ minimum 30’ stacking 70’ deviation at the
stacking distance distance at the main main entrance
entrance along along Riverside Dr.
Riverside Dr.
Approval (2)
exits
Section 78-285,
Table 24:
Permitted signs
Section 78-285
Table 24:
Permitted Signs
Only one (1) Waiver to allow for
tenant wall sign Two tenant wall one (1) additional Approval (3)
allowed signs tenant wall sign
Tenant wall sign Tenant wall signs Tenant wall signs to
be on third floor of
second floor line of building building
not higher than the to be on third floor Approval (4)
1) Staff recommends approval as the majority of the existing parking on-site is 9’ X 18’, as
approved by the original submittal. Additionally, the applicant has provided 1,5 12.38 square
feet of additional open space, which is the minimum required by code for reducing the
parking stall width.
2) Staff recommends approval as the ingresdegress already exists on site. The same waiver was
approved in the previous petition for a 17,270 square-foot new building through the adoption
of Resolution 1 1,2005.
3) Staff recommends approval since the applicant has agreed to relocate the existing the sign on
the existing building to the new building facing 1-95.
4) Staff recommends approval considering that a) the proposed building is set back 230 feet
from the east property line abutting Riverside Drive; b) the proposed sign on a third floor
will not impose an adverse visual impact but rather will provide an adequate name
recognition for visitors entering the subject site.
PLANNING, ZONING AND APPEALS BOARD RECOMMENDATION
At its January 24, 2006 meeting, the Planning, Zoning and Appeals Board held a public hearing
to review the subject petition. The Board voted 7-0 to recommend approval of the subject
petition to the City Council with staffs recommendations, proposed conditions of approval as
well as with staffs recommendations relating to the requested waivers.
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Date Prepared: February 2 1,2006
Meeting Date: March 2 2006
Resolution 20,2006
PREVIOUS CITY COUNCIL’S ACTION
At its February 16, 2006 meeting, the City Council voted 5-0 to approve the companion petition,
PCDA-05- 1 1-000001.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 20, 2006 with the conditions provided therein,
and four waivers.
Waivers:
Staff recommends approval of the following requested waivers:
1.
2.
The waiver request from Section 78-344(Ll), entitled “Parking stall and bay
dimensions, to allow for 9.5-foot-wide parking spaces.
The waiver request from Section 78-344, entitled “Stacking Distance”, to allow
for a reduction in the required 100-foot stacking distance, to allow for a 30-foot
stacking distance .
The waiver from Section 78-285, Table 24, entitled “Permanent Signs”, to allow
for a tenant wall sign to be installed on third floor of the proposed building along
the east elevation facing Riverside Drive.
The waiver from Section 78-285, Table 24, entitled “Permanent Signs”, to allow
for an additional tenant wall sign on the west elevation of the proposed building
facing 1-95.
3.
4.
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Date Prepared: February 2 1,2006
Meeting Date: March 2 2006
Resolution 20,2006
Table 2 : Consistency with Ordinance 1, 1990 and LDRs
Proposed Plan Ordinance 1,1990 Code
Requirement
Consistency
Use Light Industrial
and Office
Industrial, Office,
other M-1 uses and
uses under item 21
of condition of
approval
PCD and subject
to Ordinance 1,
1990
YES
24.5 %
(including the
proposed bldg.
Sq. Ft. on lot 1)
Max. 38% - overall PCD
YES da
Max. Floor Area Ratio
Max. Lot Coverage 21.5% 37.5% 40% * YES
Min. Front setback 195 ’ - Proposed
Bldg.
34.3’ 25’ * YES
8 1.4’ - Proposed
Bldrz.
n/a 20’ YES Min. Rear Setback
Min. Side Setback da YES 1 10.7’ - Proposed
Bldg.
15’
50’ * 12 stories - lot 1 of
south park center
Max. Bldg. Height/
Stories
52’-1 l”/ 3 stories YES
42.71% 28 % 15% * YES Min. Open Space
* Note: Where there is a dif rence, the Ordinancc , 1990 takes precedence.
9
January 18, 1990
ORDINANCE 1, 1990
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS,
RESEARCH AND LIGHT INDUSTRIAL TO PCD AND PUD ZONING
COMPRISING THE PLATS OF NORTHCORP CENTER, RCA
BOULEVARD CENTER, WEST PARK CENTER AND SOUTH PARK
CENTER (THE ENTIRE LANDS COMPRISING THE FORMER
RCA SITE) ; AND, PROVIDING THAT SUBSEQUENT APPROVALS
SHALL BE BY RESOLUTION WITHOUT NEWSPAPER PUBLICATION
OF NOTICE BEING REQUIRED; AND, PROVIDING FOR THE
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
FLORIDA, AMENDING THE CURRENT ZONING FROM M-1,
WITH UNDERLYING ZONING OF M-1. ON ALL LANDS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The Zoning upon the lands known as "The Former
RCA Site" located within the City of Palm Beach Gardens, Florida, and
more particularly described in Exhibit "A" attached hereto and made a
part hereof is hereby amended from M-1, Research and Light Industrial
Park District, to PCD. The underlying zoning shall be and the same Is
hereby designated as that set forth in the M-1, Research and Light
Industrial Park District, City of Palm Beach Gardens Zoning Code.
Section 2. Attached hereto as Composite Exhibit "B" and
made a part hereof are plats prepared by Hutcheon Engineers as
follows:
of West Park Center and Plat of South Park Center.
PTat of NorthCorp Center, Plat of RCA Boulevard Center; Plat
The PCD COnSiStlng of the aforesaid described plats (Former
RCA Site) heretofore approved by the City, shall be developed in
accordance with the said plats, the Development Orders and Conditions
of approval entered and approved by the City on January 18, 1990.
Further, each lot wlthin the foregolng plats is hereby destgnated as a
Planned Unit Development and the individuals Planned Unit Developments
are hereby created.
Section 3. Impact fees shall be paid by the developers of
the indlvidual Planned Unit Developments as set forth in any appli-
cable ordinance, law rule or regulation of any governmental body wlth
jurisdiction over the property development.
Section 4. Development of the individual Planned Unit
Devlopments within the Planned Comnunity District shall proceed in
accordance with the said Development Orders and Conditions of Approval
of January 18, 1990 attached to the Plat of West Park Center and the
Plat of South Park Center; and the general conditions as hereinafter
setforth:
1.
2. Minimum front yard setback for all buildings shall be:
Maximum floor area ratio (FAR) on the overall PCD project
shall not exceed 38%.
A. 25' for a one (1) or two (2) story, or 25' high struc-
ture.
8. An additlonal one (1) foot setback for each three (3)
additional feet of building height above 25'.
3. Height restrictions:
6 stories Lots 4 & 13
8 stories Lots 1 & 2
Northcorp Center Site & Lots
5, 6, 7, 8, 9, 10, 11 (South Park Center) 10 stories
Lot 1 (West Park Center) &
Lots 1, 2, 3 (South Park Center 12 stories
Lot 12
(South Park Center)
(RCA Blvd. Center)
(South Park Center) no development
permitted
unless site is
compata bl e to
use of parcels
8,9, and 10, as
approved by the
City Council.
4. Minimum Open Space* requirements:
Stories Open Space
1-4 28.0%
5 28.5%
6 29.0%
7 29.5%
8 30.0%
9 31.25%
10 32.50%
11 33.75%
12 35.0%
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*Open Space is defined as living plant material, water, and
5. A. Antennas and microwave dishes shall be subjected to specific
landscaped plazas. as determined by the City Council.
PULI review for screening.
B. All roof-mounted equipment shall be totally screened.
6. The uses as outlined In Condition 21 shall be limited to 5x of
the total approved square footage for the PCD and at any time
during the development, no more than 10% shall be allowed.
7. No retail or commercial on the first 250' north of Burns Road.
-2-
8. A 30-foot wide landscape buffer along Burns Road with a berm
average three feet in height and planting.
9. Lot coverage (structures) shall not exceed 40% of the Site area
for a two (2) story building and shall be decreased by 2.5%
for each additional floor of height above two stories (Example:
10 stories; 50 - 8 (2.5) = 20%).
Alternate A-1-A, shall be constructed or bonded by the property
owner prior to final plat approval.
11. Traffic impact fees must be paid in accordance with the Palm
Beach County Traffic Impact Ordinance.
12. City Council, in conjunction with the Developer(s), shall
determine comnunity facilities impact fees and the timing of
payment for :
A. Recreation
6. Police
C. Fire
Property owner prior to the first building permit being issued
within the PCD, shall pay $75,000 for comnunity impact, which amount
shall be credited against any future police and fire impact fees
assessed against any development within the PCD.
13. The Property Owner or successors must comply with the DER
consent order.
14. Building floors will be protected from the 100 year - 3 day,
zero discharge storm event. Roadways will be protected from
the 10 year - 1 day storm event. Parking lots will be pro-
tected from the 3 year - 1 day storm event.
applicant will provide the size and location of the culverts
along Burns Road and 1-95, and provide for any off-site
drainage.
16. The stonwater run-off from RCA Boulevard will need to be
directed into the on-site stonwater management system in
the final design.
17. The off-site drainage ditches that serve the project will need
to be cleaned of debris, vegetation, and backfill prior to
issuance of the first building permit, on any parcel except
the Northcorp Center site.
replaced prior to issuance of the first building permit, on
any parcel except the Northcorp Center site.
retention area on the west side of the project if required by S.F.W.M.D.
tinuity along all R.O.W. A streetscape/buffer plan for this
PCO shall be presented to the City Council for approval by subsequent resolution prior to the issuance of approval of the
first PUD.
10. A 7' pathway (east/west) along Burns Road, from 1-95 to
15. Prior to the final surface water management calculations,
18. The existing corrugated aluminum weir (riser) will need to be
19. The littoral planting shall be installed along the water
20. The Property Owner will continue a uniform streetscape con-
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21. The following are uses allowed with the submission of each PUD,
in addition to Industrial and office and other M-1 uses:
(Please see Condition 6 for clarity)
1.
2.
3.
4.
5.
6.
7.
8.
9.
Retai 1 :
Wearing Apparel
Toys
Sundries
Jewelry
Camera / Phot os
Florist
Gift Shop
Delicatessen
Bakery
Office Equipment
Food and Drug Sales (each food or drug store shall be
Service Establishments:
Barber/Beau t y Shop
Shoe Repair
Laundry/Dry C1 eaner
Print Shop
Travel AGency
Employment Office
Restaurant
Health Club
HotellMotel - One allowed in the project. limited to a
a maximum of 120 guest rooms or suites or combination of
rooms and suites.
Art Gallary, Museum, Dance, Art or Music Studio.
Retail sale of beer and wine if in conjunction with
restaurant or convenience store.
Day Care Center.
Bar/Llquor Store, when approved by Resolution of the
city Council.
Laundromat
Car Wash
llmited to a maximum of 5,000 sq. ft.)
10. Fraternal Organization
11. Comnercial Recreation including ancillary driving ranges.
22. Kahart Pinderls conditions from his letter dated 1-8-90, and
recomnendatlon 1-18-90, as follows:
I. Plats of West Park Center and Plats of South Park Center
1. The maximum trip generation for new construction
approved in the Plat of West Park Center together with
the development approved in the Plat of RCA Boulevard
Center and in the Plat of South Park Center, shall not
exceed six thousand sixty-three (6,063) daily trips, or nine hundred sixty-two (962) PM peak hour trips
("Maximum Daily Trips" and "Maximum PM Peak Hour Trips",
respectively).
Any applicant appearing before the Plannlng and Zoning
Comnission and the City Council shall provide a
calculation of the daily and peak hour trips associated
with the proposed project. A calculation of the daily
and PM peak hour trips shall be undertaken utilizing the
Institute of Transportation Engineers' (ITE) "Trip
Generation", Fourth Edition.
2.
-4-
11. Plat of West Park Center
Prior to the issuance of any building penit for any
building for any land use in Cot 1, Plat of West Park
Center, the construction contract shall have been let for
the followlng road improvement and open to the public
prior to the issuance of any certificates of occupancy an
said Lot 1:
(a) Addition of one (1) eastbound, left-turn lane to provide dual left-turn lanes at the intersection of
RCA Boulevard and Alternate A-1-A.
111. Plat of South Park Center
Prior to the issuance of building permits and/or cer-
tificates of occupancy for any building on certain lots
within the Plat of South Park Center as more fully detailed
below, certaln road improvements shall be under contract
and/or complete and open to the public as follows:
Prior to the issuance of any building permits for any
land uses on Lots 1, 2, 3, 4, 5, 6 or 7, the Contract
let for construction of West Park Drive as a two lane
as well as single northbound, southbound, eastbound
and westbound left-turn lanes at the intersection of
Burns Road with Riverside Drive/West Park Drive.
Prior to the issuance of any building permits for any
land uses on Lots 7, 8, or 9, the Contract let for
construction of the extension of NorthCorp Parkway
in a two lane section easterly to its proposed
terminus at East Park Drive. These improvements shal
be complete and open to the public prior to the
issuance of any certificates of occupancy for land
uses on the foregolng Lots 7, 8, and 9.
Prior to the issuance of any building permits for any
land uses on Lots 4, 5, 8, 9, 10, 11, 12, or 13, the
Contract let for construction of East Park Drive in
a two lane section including one additional westbound
rlght-turn lane as well as single eastbound and
southbound left-turn lanes at the intersection of
Burns Road and East Park Drive. These improvements
shall be complete and open to the publlc prior to
issuance of any certlficates of occupancy for land
uses on the foregoing Lots 4, 5, 8, 9, 10, 11, 12, or
13.
Prior to the issuance of any bullding permits or series of building permits for any land uses
generatlng more than three thousand, five hundred
sixty-nine (3,569) daily trips or five hundred
sixty-six (566) PM peak hour trips for any uses on
the presently undeveloped lots in the Plat of RCA
Boulevard Center, the Plat of West Park Center and the Plat of South Park Center: Contract let for
construction of one eastbound right-turn lane at
the intersection of Burns Road and Alternate A-1-A,
together with an extension of the storage lane for the single left-turn lane, and one westbound right-
turn lane at the intersection of Burns Road and
Military Trail. These improvements shall be complete
and open to the public prior to issuance of any
certificates of occupancy for any land uses generating more than three thousand five hundred
slxty-nine (3,569) daily trips or five hundred sixty-
six (566) PM peak hour trips from the undeveloped lots in the above referenced plats.
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(e) Prior to the issuance of any building permits for any
undeveloped lots in the Plat of South Park Center, the
contract shall be let for installation of a traffic
signal at the Burns Road and Riverside DrivelWest
Park Drive intersection including all appropriate
pavement markings, signing, lighting and the like as
approved by Palm Beach County, if warranted.
IV. All parcels within the Plat of South Park Center, shall
provide a signal warrant study to determine if SignallZa-
tion is required at the intersection of Burns Road with Rlverside DrivelWest Park Drive. The signal warrant study
shall be based on a time frame coincident with the build-
out of all development with the Plat of South Park Center, the Plat of West Park Center and the Plat of RCA Boulevard
Center and shall include the total traffic generated by all
previously approved projects in the Plat of RCA Boulevard
Center, the Plat of West Park Center and the Plat of South
Park Center as well as traffic generated by those approved
projects included in the traffic study for these plats.
Only the construction of the eastbound right-turn lanes at
the Burns Road/Al ternate A-1-A intersectlon and the west-
bound right-turn lane at the Burns Road/Mllltary Trail
intersection shall be considered off-si te improvements.
All other improvements are site related.
Additlonal Right of Way Dedication
In addition to the right-of-way dedicated on the PLAT of SOUTH
PARK CENTER, the Developer, prior to plat recordation, shall
dedicate such additional right-of-way as may be required for the
reconstruction of the intersection of Burns Road with Alternate
A-1-A generally described as a maximum of an additional 35 feet
beginning at the intersectlon for a distance of 400 feet west
of the Intersection with a taper to 0 feet at a point approxima-
tely 830 feet west of the intersection. Provided, however, once
plans are approved for the Intersection. should any right-
of-way which is conveyed not be required for construction of the
intersection, any excess land shall be imediately reconveyed
to the property owner or his successors and assigns.
23. Prior to the submittal of each PUD application the Petitioner
or agent will meet on Site with the City Forester to review the
site conditions which the City forester wishes to be addressed
In the slte plan.
24. Site Plan ReviewlPUD - No land clearing or tree removal be
allowed wfthout written approval of the City Forester. In
addition, pursuant to the PCD Plan, the owners of the properties
may designate and develop areas not subject to PUD review and
approval, only upon field inspection and written approval of the
City Forester. As part of the application for each PUD approval, the following shall be submitted:
(a) Tree survey and tree analysis prepared by a registered landscape architect or similarly qualified professional,
which for trees with a caliber of three inches or more
describes type of tree, location, caliber, and whether it
will be removed, replaced, or relocated.
(b) All existing Oak trees with a caliber of eight inches or
greater will be preserved and protected during construction.
-6-
I
25. The Property Owner agrees and is obligated to include or cause
to be included the property ("Property") in any unit of develop-
ment, special district, cmunity development district or local
unit of special purpose government created by a duly constituted
governmental entity ("Specla1 District11) for the purpose of
planning , establ i shi ng , acqui ring , constructing , reconstructing ,
enlarging, extending, equipping, operating, or maintaining water
management or roads and associated facilities, benefiting the
Property and all or part of the City of Palm Beach Gardens,
Florida: provided, however, that all assessments for such
facilities shall be imposed on a uniform basis applied pro-rata
to all property benefited by the Special District (i.e., acre by
acre or residence by residence) and shall be determined in
accordance wlth the applicable laws, ordinances, rules and regu-
lations of the State of Florlda, County of Palm Beach and the
City of Palm Beach Gardens. Provided further, that upon
creation of any Special District it must be demonstrated by
the Special Distrlct that direct benefit is accrued to the
Property and the direct benefit to the Property as determined
by the Circuit Court of Palm Beach County, Florida, and any
costs incurred by the Property by reason of other sectlons of
this requirements shall be credited to the Property by such
Special District. The owners of the Property shall be given not
less than 120 days prior written notice before formatlon of any
Special District and shall be entltled to participate in all
proceedings relatlng to the Special District including the right
to appeal any determination of benefit to the Property.
26. Prior to recording a Final Plat, 50% of the Cost of construction of an at grade pedestrian crossing and signalization at the
Comnunity Center on Burns Road, must be paid to the City.
27. A Helipad shall be a permitted use in this PCD.
Section 5. Review of subsequent developments on the individual
PUDs shall be by the City's Planning and Zoning Comnission and by the
City Council, and approval shall be by Resolution. A Public Hearing and
publication of notice in a newspaper of general circulation for the
meetings on subsequent Resolutions shall not be required.
Section 6. If any part or portion of this Ordinance shall be
found tb be invalid by a Court of competent jurisdiction, the remainder
of the Ordinance shall remain in full force and legal effect.
Section 7. All OrdiflanCeS or parts of Ordinances in conflict
herewith are hereby repealed.
Section 8. This Ordinance shall be effective upon date of
passage.
-7-
PLACED ON FIRST READING THIS 4th DAY OF JANUARY, 1990.
PLACED ON SECOND READING THIS 18th DAY OF JANUARY, 1990.
PLACED AND AD OPrfD THIS 18th DAY OF JANUARY, 1990.
-
JICE MAYOR
ATTEST:
c 7,' COUNCILMAN /
&&Gl 'CITY CLERK
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RESOLUTION 20,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SITE PLAN
AMENDMENT TO THE ANSPACH PROJECT AT THE NORTHCORP
PLANNED COMMUNITY DEVELOPMENT (PCD), TO ALLOW AN
ADDITIONAL 16,275 SQUARE FEET OF OFFICE USE AND 32,666
SQUARE FEET OF LIGHT INDUSTRIAL USE, LOCATED ON THE
CENTER AND LOT 2 OF THE WEST PARK CENTER IN THE
NORTHCORP PLANNED COMMUNITY DEVELOPMENT (PCD),
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF RIVERSIDE DRIVE AND NORTHCORP
PARKWAY, AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
7.0-ACRE SITE WHICH COMPRISES LOT 1 OF THE SOUTH PARK
WHEREAS, on June 18, 1992, the City Council adopted Resolution 47, 1992,
allowing 33,485 square feet to be used for the manufacture of medical equipment on a
7.0-acre site to be completed in one phase of development within the NorthCorp
Planned Community Development (PCD) (the Anspach Site Plan); and
WHEREAS, on November 18, 1992, the City Council adopted Resolution 107,
1992, amending the Anspach Site Plan to allow a wall-mounted sign; and
WHEREAS, on September 23, 1997, City staff granted an Administrative
Approval to the Anspach Site Plan, including the addition of a 17,032-square-foot Phase
II expansion to the existing building and changes to the landscape plan; and
WHEREAS, on June 5, 2003, the City Council adopted Resolution 98, 2003,
allowing an addition of 37 parking spaces on the Anspach Site Plan; and
WHEREAS, on January 20, 2005, the City Council adopted Resolution 11 , 2005,
allowing an expansion for a new building of 17,270 square feet for the Anspach Site
Plan; and
WHEREAS, the City has received an application from Cotleur and Hearing, Inc.,
agent for Anspach Holdings, Ltd. (the “Applicant”), for an amendment to the previously-
approved site plan to allow an additional 16,275 square feet of office use and 32,666
square feet of light industrial use for the Anspach Site Plan; and
WHEREAS, the subject parcel is currently zoned Planned Community
Development District (PCD) Overlay with an underlying zoning of Research and Light
Industrial Park (MI) and a future land-use designation of Industrial (I); and
Date Prepared: January 25,2006
Date Prepared: January 25,2006
Resolution 20, 2006
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WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended approval; and
WHEREAS, on January 24, 2006, the Planning, Zoning, and Appeals Board
recommended approval of the proposed amendments by a vote of 7-0; 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 amendment to the Anspach Site Plan is hereby APPROVED
for the following described real property to permit an additional 16,275 square feet of
office use and 32,666 square feet of light industrial use, subject to the waivers and
conditions of approval provided herein:
LEGAL DESCRIPTION:
LOT 1, ACCORDING TO THE PLAT OF SOUTH PARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 87 AND 88, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
TOGETHER WITH:
LOT 2, ACCORDING TO THE PLAT OF WEST PARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 91 AND 92, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
SECTION 3. The following waivers are hereby APPROVED for the Anspach Site
Plan:
I. Section 78-344(1) - Parking Stall and Bay Dimensions, to allow 9.5’ x 18.5’
parking stalls. The Land Development Regulations require a minimum IO’ x
18.5’ parking stall.
2. Section 78-344(h) - Off-street Parking & Loading Entrances and Exits, to
allow for a 30-foot stacking distance at the entrance along Riverside Drive.
The Land Development Regulations require a minimum 100-foot stacking
distance.
2
Date Prepared: January 25,2006
Resolution 20, 2006
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3. Section 78-285, Permitted Signs, Table 24, to allow for tenant wall signs to
be installed on the third floor of the proposed building. The Land
Development Regulations require tenant wall signs not to be installed higher
than the second floor line.
4. Section 78-285, Permitted Signs, Table 24, to allow for an additional wall
sign to be installed on the west elevation facing 1-95 on the newly approved
building.
SECTION 4. This approval is subject to the following additional conditions, which
shall be binding upon the Applicant, its successors, assigns, and/or grantees:
1.
2.
3.
4.
5.
The Applicant shall provide the City with copies of all permit applications,
permits , certifications , and approvals . (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs, for
review and approval by the City in order to establish surety. The cost
estimate shall be signed and sealed by an engineer and landscape architect
registered in the State of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City prior to
the issuance of the first building permit, in accordance with Sections 78-309
and 78-461 of the LDRs. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a cost estimate for the on-site
project improvements, not including public infrastructure or landscaping and
irrigation costs, for review and approval by the City. The cost estimate shall
be signed and sealed by an engineer registered in the State of Florida and
shall be posted with the City prior to the issuance of the first land alteration
permit. (City Engineer)
The construction, operation, and/or maintenance of any elements of the
subject project shall not have any negative impacts on the existing drainage
of surrounding areas. If at any time during the project development it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the Applicant’s
responsibility to cure the impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
E ng i nee r)
The Applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements including, but not limited to, preparation of a
stormwater pollution prevention plan and identification of appropriate Best
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Date Prepared: January 25, 2006
Resolution 20, 2006
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Management Practices, as generally accepted by the EPA and/or local
regulatory agencies, for construction activities; submission of a Notice of
Intent to EPA or its designee; implementation of the approved plans;
inspection and maintenance of controls during construction; and submission
of a Notice of Termination. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide the City with letters of authorization from the applicable utility
companies allowing landscaping and light poles to be placed within the
utility easements. (City Engineer)
If any of the trees which are designated as protected on the landscape plan
is altered by any future approvals for drainage or utility construction work,
the City shall require tree relocation or mitigation of three new caliper inches
for every one inch lost. (City Forester)
Prior to the issuance of the Certificate of Occupancy, the Applicant shall
replace all landscaping removed due to its death, disease, damage, insect
infestation, or hurricane damage, with replacement as shown on the
approved landscape plan for the north parcel. (City Forester)
Prior to the issuance of the first land alteration permit, the Applicant shall
erect and maintain protective barriers around the drip line of existing trees
adjacent to the proposed improvements. All work shall be inspected and
approved by the Landscape Architect of Record and the City Forester. (City
Forester)
At any time, the City Forester, with the assistance of the Landscape
Architect of Record, shall have the ability to eliminate up to two (2) parking
spaces in the southeast corner of the site, if needed, to provide more open
space around the existing oak trees designated for preservation. (City
Forester)
All trees designed for preservation or relocation that die as a result of
construction or relocation activities shall be replaced with a live oak that
measures a minimum three-inch diameter at breast height and 18 feet in
height. (City Forester)
The tree relocation work may commence prior to land alteration through the
coordination of the Landscape Architect of Record and the City Forester.
(City Forester)
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Date Prepared: January 25,2006
Resolution 20, 2006
1 14. Prior to the issuance of the first building permit, the Applicant shall prepare
2 a construction site security and management plan for approval by the City’s
3 Police Department CPTED Official. (Police Department)
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5 a) The developer/project manager, after site clearing and placement of
6 construction trailers, shall institute security measures to reduce or
7 eliminate opportunities for theft. The management plan shall include, but
8 not be limited to, temporary lighting, security personnel, vehicle barriers,
9 construction/visitor pass, reduce/minimize entry/exit points, encourage
10 subcontractors to secure machinery and tools at the end of the work day,
11 and/or any other measure deemed appropriate to provide a safe and
12 secure working environment.
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plan shall result in a stop-work order for the entire site plan.
15. The Applicant shall use metal halide lighting alongsidehndedadjacent to the
proposed walkway cover. (Police Department)
16. The property owner shall be required to notify the City’s Public Works
Division via fax at least 10 working days prior to the commencement of any
workkonstruction activity within any public right-of-way within the City of
Palm Beach Gardens. In the case of a City right-of-way, the property owner
has at least five working days to obtain a right-of-way permit. Right-of-way
permits may be obtained at the Building Division. Failure to comply with this
condition could result in a stop-work order of all workkonstruction activity
within the public right-of-way and the subject development site. (Public
17. Prior to the issuance of the first building permit, the City shall receive
documentation from the Applicant that two existing drainage easements
have been abandoned - one is 35 feet wide located in the middle of the 7.0-
acre site and the other is 12 feet wide located along Riverside Drive. (City
E ng i nee r)
18. Prior to the issuance of the Certificate of Occupancy, the Applicant shall re-
plat the site. The re-plat shall include, but not limited to, the conservation
easement in the southeast corner of the site that contains 199 caliper inches
as conceptually shown on the site plan. (City Engineer, City Forester).
19. Prior to the issuance of the Certificate of Occupancy, the Applicant shall
remove the existing wall sign facing 1-95 on the existing building and
relocate it to the newly-approved building. (Planning & Zoning)
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Date Prepared: January 25,2006
Resolution 20,2006
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Prior to the issuance of the first building permit, the Applicant is required to
comply with the Art in Public Places requirement by depositing an amount of
money equal to the art fee into an escrow account or make a payment in
lieu thereof. The Art in Public Places Advisory Board shall review and make
a recommendation to the City Council on any proposed art on site.
(Planning & Zoning)
Required digital files of the approved plat in its entirety, transformed to NAD
83 State Plan Coordinate System, shall be submitted to the Planning and
Zoning Division prior to the issuance of the first building permit. Approved
civil engineering as-built design and architectural drawings shall be
submitted to the Planning and Zoning Division prior to the issuance of the
first Certificate of Occupancy. (GIs Manager, Development Compliance)
SECTION 5. This approval shall be in compliance with the following plans on file
with the City's Growth Management Department:
1. Site plan and landscape plans, sheets 1 through 5, prepared by Cotleur and
Hearing, last revised on January 26, 2006, and received and stamped by
the City on January 27,2006.
2. Elevations and floor plans, sheets A-I through A-6, prepared by
Architectural Design Associates, dated January 11 , 2006, received and
stamped by the City on January 12,2006.
SECTION 6. This approval expressly incorporates and is contingent upon all
representations made by the Applicant or Applicant's agents at any workshop or public
hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 25,2006
Resolution 20,2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
G:\attorney-share\RESOLUTlONS\anspach - reso 20 2006 - final clean.doc
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d
Date Prepared: December 21,2004
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RESOLUTION 11,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SITE PLAN
AMENDMENT TO ALLOW FOR A 17,270 SQUARE FOOT
COMPRISES LOTS 1 AND 2 OF THE NORTHCORP PLANNED
COMMUNITY DEVELOPMENT (PCD), GENERALLY LOCATED AT
THE SOUTHWEST CORNER OF THE INTERSECTION OF
RIVERSIDE DRIVE AND NORTHCORP PARKWAY, AS MORE
PARTICULARY DESCRIBED HEREIN; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS; AND PROVIDING AN EFFECTIVE
DATE.
BUILDING LOCATED ON LOT 2 OF THE 7.0-ACRE SITE WHICH
WHEREAS, on June 18, 1992, the City Council approved Resolution 47, 1992
allowing 33,485 square feet to be used for the manufacture of medical equipment on a
7-acre site to be completed in one phase of development within the NorthCorp PCD;
and
WHEREAS, on November 18, 1992, the City Council approved Resolution 107,
1992 amending the site plan for the Anspach Effort; and
WHEREAS, on September 23, 1997, City staff granted an Administrative
Approval for a 17,032 square-foot Phase II expansion to the building, as well as
changes to the landscape plan, amending the site plan for the Anspach Effort; and
WHEREAS, on November 23, 1999, the Site Plan and Appearance Review
Committee granted approval for the addition of 37 parking spaces on the site, amending
the site plan for the Anspach Effort; and
WHEREAS, on June 5, 2003, the City Council granted approval for the addition
of 37 parking spaces on Lots 1 and 2 of the NorthCorp PCD, amending the site plan for
the Anspach Effort with the adoption of Resolution 98, 2003; and
WHEREAS, the City has received an application from Don Hearing of Cotluer
and Hearing, on behalf of Anspach Holdings, Ltd., for approval of a 17,270 square-foot
building located on Lot 1 of the 7.0-acre site which comprises Lots 1 and 2 of the
NorthCorp PCD, generally located at the southwest corner of the intersection of
Riverside Drive and as more particularly described herein; and
WHEREAS, the subject parcel is currently zoned Planned Community District
(PCD) Overlay with an underlying zoning of Research and Light Industrial Park (Ml)
and a future land use designation of Industrial (I); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended approval; and
Date Prepared: December 20,2004
Resolution 11, 2005
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WHEREAS, on December 14, 2004, the Planning, Zoning, and Appeals Board
recommended approval of the amendment to the previously-approved site plan with a
vote of 7-0; 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 I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves a 17,270-square-foot building, located on Lot 2 of the 7.0-acre site which
comprises Lots I and 2 of the NorthCorp Planned Community Development (PCD), as
more particularly described below:
LEGAL DESCRIPTION:
LOT 1, ACCORDING TO THE PLAT OF SOUTHPARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 87 AND 88, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORl DA.
TOGETHER WITH:
LOT 2, ACCORDING TO THE PLAT OF WEST PARK CENTER, AS RECORDED IN
PLAT BOOK 67, PAGES 91 AND 92, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following waivers with this approval:
1. Section 78-345 (d)(3) - Increase in Parking Spaces, to allow an additional
51.8% (58 spaces) over the minimum required parking spaces. The Land
Development Regulations allow a maximum 10% over the minimum
required parking spaces.
2. Section 78-344 (I) - Parking Stall and Bay Dimensions, to allow 9.5’ X 18.5’
parking stalls. The Land Development Regulations require a minimum 10’
X 18.5’ parking stall.
3. Section 78-344(h) - Off-street Parking & Loading Entrances and Exits, to
allow for a 30-foot stacking distance at the south entrance. The Land
Development Regulations require a minimum 1 OO-foot stacking distance.
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Date Prepared: December 20,2004
Resolution 11,2005
Section 78-319(2) - Minimum Landscape Buffer, to allow for an overlapping
of easements by more than five (5) feet for required landscape buffers for
the east and west landscape buffers.
Section 78-285, Permitted Signs, Table 24, to allow for the Anspach logo on
the west elevation of the building, not to exceed 24 inches in height.
SECTION 4. Said approval shall comply with the following additional conditions,
4.
5.
which shall be binding upon the applicant, its successors, assigns, andlor grantees:
Citv Engineer
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8.
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide written permission from the
easement holder(s) to allow landscaping within the easements in
accordance with LDR Section 78-306. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide an adequate pavement
marking and signage plan acceptable to the City Engineer. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cross-section detail for the
dry retention pond. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide cross-section details at the
property boundaries, including the roads, conservation easements, and
retention pond for consistency with the plan view and to match existing
conditions. (City Engineer)
The applicant shall provide the City with copies of ail permit applications,
certifications, and approvals. (City Engineer)
The applicant shall provide all necessary construction-zone signage and
fencing as required by the City Engineer. (City Engineer)
The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in PBC Traffic Division equivalency and
concurrency approval letters. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide surety for public infrastructure
and all landscaping and irrigation costs. The required surety shall be based
on a cost estimate for the project, including public infrastructure and all
landscaping and irrigation costs, which cost estimate shall be reviewed and
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Date Prepared: December 20,2004
Resolution 11, 2005
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approved by the City. The cost estimate shall be signed and sealed by an
engineer and landscape architect registered in the State of Florida. Surety
will be based on 110% of the total combined approved cost estimates and
shall be posted with the City prior to the issuance of the first land alteration
permit. (City Engineer, Building Department)
Prior to construction plan approval and the issuance of the first building
permit, the applicant shall provide a cost estimate for the on-site project
improvements, not including public infrastructure, landscaping, and
irrigation costs, for review and approval by the City. The cost estimate shall
be signed and sealed by an engineer registered in the State of Florida and
shall be posted with the City prior to the issuance of the first building permit.
(City Engineer)
The applicant shall comply with all Federal EPA and State of Florida
Department of Environmental Protection NPDES permit requirements,
including, but not limited to, preparation of a stormwater pollution prevention
plan and identification of appropriate Best Management Practices, as
generally accepted by the Environmental Planning Agency (EPA) and/or
local regulatory agencies, for construction activities, submission of a Notice
of Intent to EPA or its designee, implementation of the approved plans,
inspection and maintenance of controls during construction, and submission
of a Notice of Termination. (City Engineer)
Prior to issuance of the first land alteration permit, the applicant shall submit
signed, sealed, and dated construction plans (paving, grading, drainage,
and water and sewer) and all pertinent calculations to the City Engineer for
review and comment. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
Citv Forester
13. The applicant shall install the Riverside Drive landscaping prior to the
issuance of the first Certificate of Occupancy (CO) for the building within Lot
1 of South Park. (City Forester)
14. The City shall receive documentation from the applicant that the existing
conservation easements on Lot 1 of South Park are abandoned prior to the
issuance of the first clearing permit or land alteration permit for said lot.
(City Forester)
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Date Prepared: December 20,2004
Resolution 1 1,2005
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15. The conservation easements for the two areas on the site plan labeled
“Proposed Relocated Conservation Easement No. 1 and No. 2” shall be
publicly recorded prior to the issuance of the first clearing permit or land
alteration permit. (City Forester)
16. All the trees within the new conservation easements No. 1 and No. 2 shall
be protected during construction by barricades acceptable to the City
Forester and the minimum standards described within Section 330 of the
Land Development Regulations. (City Forester)
Police Department
17. Lighting locations shall not conflict with landscaping, including long-term
tree canopy growth. (Police Department)
18. Metal halide lighting shall be used for all street and pedestrian walkways.
(Police Department)
19. Numerical addresses shall be illuminated for nighttime visibility and shall
have bi-directional visibility from the roadways. (Police Department)
Miscellaneous
20. Required digital files of the approved plat in its entirety transformed to NAD
83 State Plan Coordinate System shall be submitted to the Planning and
Zoning Division prior to issuance of the first building permit. Approved civil
engineering as-built design and architectural drawings shall be submitted to
the Planning and Zoning Division prior to issuance of the first Certificate of
Occupancy. (GIs Manager, Development Compliance)
SECTION 5. This approval shall be in compliance with the following plans on file
with the City’s Growth Management Department:
Site plan and landscape plans, sheets 1 through 5, prepared by Cotleur
Hearing, last revised on December 1, 2004, and received and stamped by
the City on December 23,2004.
Elevations, sheet 4.1, prepared by Alan Strassler, dated December 16,
2004, and received and stamped by the City on December 16,2004.
Elevations, sheet 3.1 and 7.1, prepared by Alan Strassler, dated November
16,2004, and received and stamped by the City on November 19,2004.
Site Lighting Plan, sheet SL-I , prepared by Romcke Coburn Engineering,
dated November 18, 2004, and received and stamped by the City on
November 19, 2004 (1 sheet total).
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Date Prepared: December 20,2004
Resolution 1 1,2005
SECTION 7. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this do * day of ,2005.
-
ATTEST:
BY:
Patricia Snider, City CIk
RDENS, FLORIDA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
&%tine P. Tatum, City Attorney
VOTE: - AYE N ENT -
J --- MAYOR JABLIN
VICE MAYOR RUSSO J ---
W COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE L--
J
\\Pbgsfile\Attorney\attorney_shareWESOLUTIONSbnspach - reso 1 1 2005.doc
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June 2, 1992
June 4, 1992
June 18, 1992
RESOLUTION 47, 1992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, CREATING A
PLANNED UNIT DEVELOPMENT KNOWN AS "THE
ANSPACH EFFORT" ON LANDS DESCRIBED IN EXHIBIT
rcA" ATTACHED HERETO, LOCATED IN THE NORTHCORP
CENTER, A PLANNED COMMUNITY DISTRICT, CREATED
BY ORDINANCE 1, 1990; AND, PROVIDING THAT
SAID PLANNED UNIT DEVELOPMENT SHALL BE
SUBJECT TO THE PWS, SPECIFICATIONS AND
CONDITIONS SET FORTH HEREIN, WITH AN
UNDERLYING ZONING OF M-1 RESEARCH AND LIGHT
INDUSTRIAL PARK DISTRICT; AND, FURTHER
PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. A Planned Unit Development known as "THE ANSPACH
EFFORT" is hereby created on lands described in Exhibit rtAtl
attached hereto, located in the NORTHCORP CENTER, a Planned
Community District, created by ordinance 1, 1990. The underlying
zoning for said Planned Unit Development shall be M-1 Research
and Light Industrial Park District.
Section 2. Development of this Planned Unit Development
shall be subject to the plans and specifications and conditions
as hereinafter set forth:
A. Plans and Specifications:
1.
2.
3.
4.
5.
6.
Site Plan prepared by Jones & Song, dated
April 30, 1992, consisting of one sheet
marked Al.
North, South, East and West Elevations,
prepared by Jones & Song, dated April 17,
1992, consisting of one sheet marked A5.
Landscape Plan prepared by The SWA Group,
dated May 1, 1992, and consisting of one
sheet marked LS-1.
Landscape for Phase 2 West Elevation Plan
prepared by the SWA Group dated 6/9/92
consisting of Sheet 1 of 2.
Additional Landscape for East Service Area
Plan prepared by the SWA Group dated 6/9/92 consisting of Sheet 2 of 2.
Landscape Plan at Main Entrance prepared by
The SWA Group dated 6/3/92, consisting of
Sheet 1 of 1.
1
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B. Conditions:
1.
2.
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5.
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8.
9.
The five-foot sidewalks proposed on the
subject property along Northcorp Parkway and
Riverside Drive shall be constructed prior to
the issuance of the Certificate of Occupancy.
The property owner or successors and assigns
shall comply with condition 25 of section 4
as set forth in Ordinance 1, 1990.
The property owner or successors and assigns
shall comply with the Department of
Environmental Regulation's consent order.
All trees designated for preservation that
die during construction or because of
construction practices, shall be replaced
using the following schedule: For every inch
of tree caliper lost, three inches of new
tree caliper shall be replaced of like
specie. The replacement tree shall have a
minimum three-inch caliper diameter.
Prior to the issuance of the Certificate of
Occupancy the Landscape Architect of record
shall certify in writing to the City that the
landscaping has been completed per the
approved landscape plans. Any minor changes
to the approved landscape plans shall be
approved by City Council. Once the City has
the certified letter from the Landscape
Architect, the City Forester shall inspect
the site for compliance. Once compliance has
been confirmed by the City Forester, the City
Building Department shall be notified.
Prior to construction, trees or vegetated
clusters which have been designated for
preservation as per the landscape plan shall
be properly tagged. The vegetation falling
within the drip line of these trees shall be
preserved where desirable. Prior to land
clearing, the developer shall erect and
maintain protective barriers around the drip
line of all trees or vegetated clusters to be
protected. This work shall be inspected and
approved by the City Forester prior to
issuance of any building permit requiring
land clearing. Section 153.50 (Tree
Protection) paragraphs B, C and D shall also
be enforced during construction.
All roof-mounted equipment shall be screened from line-of-sight view.
The approval is for a Light Manufacturing use
only with trip generations based on the
submitted traffic study.
In consideration of an unknown date of
completion of Riverside Drive realignment,
particularly as location of improvements
relate to the East area of the Planned Unit
Development site, petitioner shall, prior to
obtaining a Building Permit for construction, post a bond or letter of credit guaranteeing
the placement of such improvements within two
(2) years from effective date.
The requisite amount of money therefor shall
res47 -92 2
determined by the City Manager. No Building
Permit shall be issued until the bond is
posted.
Prior to the issuance of the Certificate of
Occupancy for Phase I1 or within three (3)
years from the effective date hereof,
whichever occurs first, the Petitioner shall
comply with the landscape/streetscape
program.
Section 3. All development under this Planned Unit
Development shall be completed within three (3) years from
effective date hereof.
extension of said time period for no more than one (1) year,
provided a Petition for Time Extension is filed prior to date of
expiration and good cause is established by Petitioner.
The City Council may consider an
Action by the City Council on such a Petition may be taken
without intervention of the Planning and Zoning Commission or
published notice of hearing.
Resolution.
Approval or denial shall be by
Section 4. All Resolutions or parts of Resolutions in
conflict herewith are hereby repealed.
Section 5. This Resolution shall be effective upon date of
adoption.
INTRODUCED, PASSED AND ADOPTED THIS /.I DAY OF JUNE, 1992. /4
7
MAYOR MICHAEL MARTIN0
ATTEST:
:d / ' 2. /'. I -4 ,. ' ,:<:./,:
LINDA v. KOSIER, CITY CLERK
VOTE : AYE ABSENT -
MAYOR MARTIN0 - --
VICE MAYOR RUSSO - --
COUNCILMAN ALDRED A - ~ ~~ COUNCILWOMAN MONROE - - -- COUNCILMAN KISELEWSKI -
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PALM BEACH GARDENS, FLORIDA
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Message
Dolores Key
From: Peggy Blackwood [pblackwood@bdb.org]
Sent:
To: Dolores Key
cc: Becky Magaw
Subject: Anspach Effort RIM II Analysis
Thursday, February 02, 2006 3.04 PM
Business Development Board of Palm Beach County, Inc.
Annual Economic Impact Projections for The Anspach Effort
NAICS 3391 12
Employment
Estimated Payroll
Average Wages
Average Wage as Percent of County's Average
Total Economic Impact
Total Employment
Total Payroll
Total Output (total annual economic activity)
Average Wages
Average Wage as Percent of County's Average
Page 1 of 1
30
$1,390,440
$46,348
119%
62
$2,307,803
$9,849,040
$37,435
96%
Wages based on Florida Department of Labor 2003 ES-202 program Average county wage = $38,806
Limitations of analysis
Total Economic Impact is an estimated combined effect of a company and the ancillary industries impacted. These projections were calcula
Regional Input-Output Modeling System (RIMS II), multipliers from the year 2004, produced by the U.S. Department of Commerce, Bureau c
Analysis. Regional multipliers vary as business activity changes, and due to the growth in Palm Beach County since 2004, these projections
underestimates.
Peggy Blackwood
Director of Research
Business Development Board of Palm Beach County
31 0 Evernia Street
West Palm Beach, FL 33401
561.835.1008 Ext. 4103
561 335.1 1 60
pblackwood@*db.org
www.bdb.org
Information has been provided courtesy of the Business Development Board of Palm Beach County Research Department.
This tagline must accompany any and all information provided by the BDB that is duplicated, used andor reprinted in any
capacity.
The BDB is the "Official Economic Development Organization of Palm Beach County" and Enterprise Florida partner
2/2/2006
: I'
Date Prepared: January 25,2006
Meeting Date: February 16,2006
Resolution 20,2006
Table 2: Consistency with PCD approval standards and LDRs
Code
Requirement
Proposed Plan PCD Approval per
Ordinance 1,1990
Consistency
YES
Industrial, Office,
other M-1 uses and
uses under item 21
of condition of
approval
PCD and subject
to Ordinance 1,
1990
Light Industrial
and Office
Use
Max. Floor Area Ratio
Max. Lot Coverage
nla YES 24.5 %
(including the
proposed bldg.
Sq. Ft. on lot 1)
Max. 38% - overall PCD
40% * YES 21.5% 37.5%
~~
YES 1 Min. Front setback 195’ - Proposed
Bldg.
34.3 ’ 25’ * r- Min. Rear Setback
~~
YES 20’ nla 8 1.4’ - Proposed
Bldg.
15’ YES n/a 110.7’ - Proposed
Bldg.
Min. Side Setback
12 stories - lot 1 of
south park center
50’ * YES 52’-11”/ 3 stories Max. Bldg. Height/
Stories
Min. Open Space
* Note: Where there is a di
YES 28 % 42.7 1 yo
erence, the PCD stan in Ordinance 1, 1990 apply. irds as originally adoptr
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance IO, 2006 & Resolution 23,2006
SubiecVAqenda Item:
Ordinance IO, 2006 and Resolution 23,2006 -Gardens Home Management Services
First Reading: Urban Design Studio, agent for John C. Bills, Trustee, is requesting the
abandonment of a 40’ wide x 161 ’ long, northlsouth portion of Fairview Lane (also known
as Fairway Drive) in conjunction with a minor site plan amendment to allow the conversion
of a former fire station to a professional office for Gardens Home Management Services.
The .737-acre parcel is located generally at the southwest corner of PGA Boulevard and
the Florida Turnpike at 7025 Fairway Drive within the PGA National Resort Planned
Community Development.
[ X ] Recommendation to APPROVE with waivers and conditions
[ ] Recommendation to deny
I Reviewed by:
Planning Manager: @
Tala1 M.
City Attorney:
Christine P.
Interim Growth
Management
4 Dan Clark, P.E.
I Approved By:
I Rondd M. $erris
Originating Dept.:
Growth Management:
Project
Planner
[ XI Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[X ] Not Required
Ejjizy: ~
Allan Owens
Building
Accountant : L By: K. Labossiere
Fees Paid: pes]
1/26/06
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Ordinance 10,2006 &
Resolution 23, 2006
Applicant‘s narrative
Abandonment survey
0 City Attorney memo
0 Location Map
0 Photos existing bldg.
0 Reduced plans
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance IO, 2006 and Resolution 23,2006
EXECUTIVE SUMMARY
Currently, a former fire station building exists on the approximately .737-acre site. The
applicant is proposing to renovate the existing building in order to locate a professional
office for Gardens Home Management, which provides maintenance and personal services
to the residents of Ballenlsles. This office is now located at the Ballenlsles Clubhouse site.
The proposed site plan requires the abandonment of a 40’ wide x 161’ long, northkouth
extension of Fairview Lane, in order to provide parking and a landscape buffer for the site.
The applicant is requesting five (5) waivers.
BACKGROUND
The subject site is located within the PGA National Resort Community DRI, which was
approved on August 31, 1978, through the adoption of Resolution 43, 1978, as
subsequently amended. The property was previously used by the City of Palm Beach
Gardens as a fire station until it was sold to Devonshire Associates Ltd. in 2002. In
September of 2004, John C. Bills, as trustee, bought the subject property from Devonshire
Associates Ltd. in order to lease the property to Gardens Home Management. This
company provides services such as maintenance of properties, personal services such as
pick-up and delivery, and repair and housekeeping services to the residents of Ballenlsles.
The Gardens Home Management offices are currently operating from a temporary office
that is to be removed from the Ballenlsles Clubhouse grounds.
LOCATION AND ACCESS
The site is located generally at the southwest corner of PGA Boulevard and the Florida
Turnpike within the PGA National Resort Planned Community Development. Access to
the site is from PGA Boulevard to Fairway Drive and Fairview Lane.
LAND-USE AND ZONING
The future land-use designation of the subject site as reflected on the City’s Future Land
Use Map is Commercial (C). The zoning classification of the site is a Planned Community
Development (PCD) Overlay with an underlying zoning of Commercial (C). The subject
site’s land-use designation as reflected on the Master Plan of Development (Map H) of the
DRI is Commercial. The proposed office is a permitted use within the existing commercial
land use and the PGA National Resort PCD. Below are the adjacent land-use and zoning
designations.
2
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance IO, 2006 and Resolution 23,2006
Subject Property:
Existing Fire Station
To the North:
PGA Boulevard
To the East:
EXISTING USE
PCD Commercial
Roadway Roadway
Roadway Roadway
ZONING
Florida’s Turnpike
To the South:
FUTURE LAND USE
PCD/DRI Commercial
PGA National PCD
(Shoppes on the Green)
To the West:
PGA National PCD
(Mobil Service Station)
PCD/DRI Commercial
PGA BOULEVARD CORRIDOR OVERLAY
The site is adjacent to PGA Boulevard and, therefore, falls within the PGA Boulevard
Corridor Overlay District. Policy 1.1.6.5 of the City of Palm Beach Gardens
Comprehensive Plan establishes the PGA Boulevard Overlay District. Section 78-221 of
the Land Development Regulations establishes planning and design guidelines for all
property located along PGA Boulevard to a depth of 1,000 feet. PGA Boulevard is
recognized as the “Main Street” of the City of Palm Beach Gardens. Policies and
development guidelines have been established to ensure that this area achieves the City’s
objectives. These objectives include: a special identity for PGA Boulevard; high quality
architecture that is compatible and well landscaped; permitted uses that create character
and aesthetic quality; preservation of visual character; and the health, safety and welfare of
the City.
PROJECT DETAILS
Proposed are renovations of the 4,486 square-foot existing structure, modifications to the
parking area, and additional landscape planting. The subject property is .737 acres, which
includes the 40-foot-wide x 161-foot long, north/south portion of Fairview Lane that is
proposed for abandonment as a public right-of-way. Please see attached Site Analysis.
The PGA Property Owners Association Architectural Review Committee has reviewed and
approved the request for aesthetic purposes and compliance with its community standards.
Abandonment of North/South Portion of Fairview Lane
The applicant is proposing the abandonment of the 40’ wide x 161’ long north/south portion
of Fairview Lane on the eastern side of the site, which will be incorporated into the design
of the site. There are no utilities existing or proposed within this right-of-way, except for an
3
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance IO, 2006 and Resolution 23,2006
existing 15-foot wide Florida Power & Light easement. This roadway was used previously
by the fire station for parking and driveway access into the side of the building. This
abandonment will not affect any traffic circulation because this site is at the end of Fairview
Lane, which is a dead end street. This abandonment will allow the construction of the
required parking spaces as well as the planting and maintenance of a 25-foot buffer
system adjacent to the Florida Turnpike. This buffer includes the existing 15-foot wide
Florida Power & Light easement, which requires approval of a waiver to allow more than
five feet of buffer to be overlapped by a utility easement.
Because the Land Development Regulations do not address abandonment, the City
Attorney issued a memo dated April 11 2005, which established a uniform procedure for
the abandonment of streets, rights-of-way, easements, and other non-fee interests of the
City in real property and to provide the methods and procedures for processing the
applications. (Please see the attached memo.) The requested abandonment meets the
criteria of this memo, since the portion of Fairview Lane to be abandoned was (1) used
only by fire station personnel and equipment and was not used by the general public; and
(2) is a dead end street that is not connected to any City thoroughfare roads.
The City Attorney’s memo of April 11,2005, referred to above also states that the Shoppes
on the Green Association must join in the request for this abandonment. This is no longer
required since the abandonment request no longer includes the east/west portion of
Fairview Lane adjacent to the shopping center property] as initially requested.
Site Circulation
Ingress and egress for the site will be from Fairview Lane, with traffic entering from the
easternmost drive and circulating one-way around the building and exiting at the
westernmost drive. The building is no longer used as a fire station, which allowed
circulation through the center of the building at the time. Therefore, additional pavement
will be added to the north of the building to allow for circulation around the building.
There is an existing unrecorded 30’ wide easement which allows ingress and egress to a
Bell South site with a IO’ x 20’ aluminum building on the north side of the property.
Parkinq
The proposed abandonment of the north/south section of Fairview Lane on the east side of
the site will allow the construction of parking in a previously paved parking area, which is
located within the right-of-way. The site requires 15 parking spaces (1 space/300 s.f.) and
15 spaces have been provided, which consist of a combination of 60-degree angle parking
and parallel parking spaces. The applicant is requesting a waiver to allow nine spaces to
be reduced to 9.5-fOOt wide parking spaces instead of the 10-foot wide spaces required.
This is consistent with the code provision, which allows office uses to reduce the minimum
parking space widths, provided additional open space is provided at a ratio of 1.5 square
feet for each square foot of reduced pavement area. The parking plan proposes 9 spaces
to be reduced by 9.25 s.f. each (83.25 s.f.) at a ratio of 1.5 times, for an additional 124.88
4
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance IO, 2006 and Resolution 23,2006
square feet of open space required. The applicant is providing 128 s.f. of additional open
space at the north and south ends of the angled parking. For this reason, staff has no
objection to this waiver request.
Landscaping and Open Space
The majority of the existing vegetation will be removed and replaced. The applicant has
provided a landscape plan which incorporates additional planting on the perimeters and
adjacent to the existing building. Two existing black olive trees will be relocated to the front
of the site. Because the site has limited area available adjacent to the building, additional
plantings will be placed within the buffer along the Turnpike and along the western property
line. The applicant is providing 2,498.9 landscape points, which exceeds the 1,486.75
points required by code. The plan provides 15,650 s.f. (49%) of open space when only
4,815.6 s.f. (15%) is required.
The applicant is requesting approval of two landscape waivers. Due to site constraints, a
1.8-foot-wide foundation planting is proposed on the west side of the building instead of the
five (5) feet required. This will allow vehicular circulation around the building. Staff
supports this request because additional trees have been provided along the perimeter to
compensate for the reduction in the foundation landscaping. The second landscape waiver
is to allow an eight-foot (8’) wide landscape buffer adjacent to Fairview Lane on the south
side, instead of the 15-foot-wide buffer required. Staff supports this request because it
decreases the existing non-conforming landscape buffer at this location, and the required
landscape points have been exceeded.
Traffic Concurrency
A traffic analysis for the change in use from a fire station to a professional office indicates
there will not be any significant increase in daily trips. In a letter dated July 26, 2005, the
Traffic Division of Palm Beach County confirms that the proposed redevelopment of this
site meets the Traffic Performance Standards of Palm Beach County. The build-out date
for this project is December 31,2007.
Sidewalks and Pedestrian Connectivity
Sidewalks compliant with the American Disabilities Act (ADA) are provided from the
building to the handicap parking space, as well as to Fairview Lane to the south.
Buildinq Details
The existing 4,486 square-foot building includes 444 square feet of mezzanine space that
will be used for a mechanical room and storage. The building is approximately 24.5’ high
with a 5’2” high metal equipment screen on the roof. The large overhead doors used by
the fire department will be replaced with stucco and windows to match those existing. The
entire exterior of the building will be cleaned and repainted to match the existing neutral
colors: 7750 W “Beach Basket”, 7751 W “Beach Grass”, and 7753 W “Harvest Tan.” The
5
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance 10,2006 and Resolution 23,2006
existing rustic shake cement tile roof will remain. A small overhead door will be added to
the rear of the building to allow for deliveries.
Drainaqe
Drainage for this site, including water quality treatment and water quality storage, is
provided by the overall PGA National storm water management system. The existing site
is graded so that storm water runoff is routed to the storm sewer conveyance system within
the adjacent roadway. The site is being refurbished and some minimal changes are being
made to provide additional parking. These changes will not have a significant impact on the
PGA National storm water management system. Therefore, no changes to the existing
drainage system are proposed.
Site Liuhtinq
A Code compliant photometric plan has been provided. The 25-foot-tall light poles will
have metal halide lighting.
Wa //-Mount ed Siqn a ue
A Code compliant 28-square-foot wall sign with two lines and 12" high letters is proposed
above the front entry on the south elevation. The letters will be bronze finish aluminum
and lit from recessed lights in the ceiling of the portico.
Summary of Waivers Requested
Code Section
Off Street
Parking &
Loading -
Entrances and
344( I)( 1 )a.
Parking Stall
Width
Sec. 78-
320(4)(a)(I 1 Foundation
Landscaping &
Plantin s
Sec. 78-306(d) L Easement
Encroachment !lszK---
Mini m u m
Landscape
Required
100' minimum
stacking distance at
point of site
ingress/egress
Off-street parking
spaces:
10' x 18'6 for Office
Use
5' Minimum
foundation planting
required
5' of buffer may be
overlamed bv a
utility easement
15' minimum buffer
adjacent to public
right-of- way less
than 100' wide
Proposed
10'
9.5' x 18'6"
1.8'
15' of buffer
overlapped by utility
easement
8' buffer adjacent to
Fairview Lane on the
south side
Waiver
90'
.5' in width
3.2'
10'
7'
(2) Approval
6
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance IO, 2006 and Resolution 23,2006
(1) The applicant is requesting a waiver to allow less than 100 feet of stacking distance
between the parking spaces and the road right-of-way. The site conditions in this
case are unique due to the location of the parcel entry near the dead-end of the
street right-of-way. The only traffic movements that will occur will be directly
related to the use on the site, which is expected to generate very little traffic. Due
to the dead-end condition of the roadway, there will not be a through-traffic
condition that would otherwise be compromised should there be a carwaiting at the
entrance. The closest access point into the shopping center to the south is located
more than 100 feet away to the west. For these reasons, staff has no objection to
this waiver request.
(2) The proposed 9.5I-wide parking stalls are consistent with the Code provision which
allows office uses to reduce the minimum parking space widths, provided additional
open space is provided at a ratio of 1.5 s.f. for each square foot of reduced
pavement. The parking plan proposes 9 spaces to be reduced by 9.25 s.f. each,
for a total of 83.25 s.f. x 1.5 = 124.88 s.f. of additional open space required. The
applicant has provided 128 s.f. of additional open space at the north and south
ends of the angled parking aisle. Therefore, staff has no objection to this waiver
request.
(3 Due to the existing configuration of the land, and the applicant’s desire to provide
vehicular circulation around the building, a compromise is proposed which will
include the full 8’ required landscape buffer and an 11’ one-way driveway. The
remaining area is 1.8’ which will be planted with a hedge along the entire length of
the building. Additional trees have been provided along the perimeter to
compensate for the reduction in the foundation landscaping. Staff has no objection
to this waiver request.
(4) When the original PGA National PD was approved, the 25’ PCD buffer was not
required for this site because it was used as a City-owned fire station. The
applicant now wants to provide a buffer to screen the site from the Turnpike.
Because the FPL easement is existing, it would be necessary to have the buffer
overlapped by the 15-foot FPL easement. The remaining 10’ will have dense
planting. The entire buffer and easement are in the right-of-way that is proposed
for abandonment, and will serve to protect the area from future roadway
construction. Staff has no objection to this waiver request.
(5) The proposed landscape plan exceeds the required landscape points and
decreases the existing non-conforming paved area and landscape strip at the south
property line. Staff has no objection to this waiver request.
PLANNING, ZONING, AND APPEALS BOARD
At its meeting on December 13,2005, the Planning, Zoning, and Appeals Board voted 7-0
to recommend approval of the petition with conditions and waivers and one change. The
7
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance IO, 2006 and Resolution 23,2006
Board asked that the proposed roof-top air conditioning equipment be relocated to the
ground at the rear (north) side of the building between the loading space and the building.
The applicant has complied with this request, and has also provided the required screening
and landscaping.
STAFF RECOMMENDATION
Staff is recommending approval of Ordinance 10,2006 and Resolution 23,2006 with five
waivers and the conditions of approval contained in the resolution.
8
Date Prepared: January 26,2006
Meeting Date: March 2,2006
Ordinance IO, 2006 and Resolution 23,2006
15’
Consistent
95’
I
Front
1
15%
I Rear
5 parallel spaces- 9’ x 23’ Yes
1 handicap space-
12 x 18.5’
1 Yes
49% Yes
Parking/Loading:
Parking Space Size
50’ 43’ N/A - Existing
40’ N/A N/A
I Yes
15 I15 I Yes
10’ x 18.5’ I 9 spaces- 9.5’ x 18.5’ I Waiver Requested
jholloman/Garden Homes Managemenustaff report cc 1 st
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ORDINANCE IO, 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN APPLICATION FOR
THE ABANDONMENT OF THE 40’ WIDE BY 161’ LONG
NORTHlSOUTH PORTION OF FAIRVIEW LANE (ALSO KNOWN AS
FAIRWAY LANE), GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF PGA BOULEVARD AND THE FLORIDA TURNPIKE
WITHIN THE PGA NATIONAL RESORT PLANNED COMMUNITY
DEVELOPMENT (PCD); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 31 , 1978, the City Council adopted Resolution 43, 1978
approving the PGA National Resort Planned Community Development (PCD), a
Development of Regional Impact (DRI); and
WHEREAS, a City of Palm Beach Gardens fire station was subsequently
constructed at the southwest corner of PGA Boulevard and the Florida Turnpike within
the PCD; and
WHEREAS, the fire station has ceased operation, and the property has been
sold by the City; and
WHEREAS, the 40’ wide by 161’ long, north/south portion of Fairview Lane (also
known as Fairway Lane) was used only by fire station personnel and equipment and
was not used by the general public, and is a dead end street that is not connected to
any City thoroughfare roads; and
WHEREAS, the City has received a request (ABAND-05-01) from Urban Design
Studio, Inc., on behalf of John C. Bills, Trustee (Applicant), the current owner of the
former fire station property, for approval of the abandonment of the 40’ wide by 161’
long, northkouth portion of Fairview Lane (also known as Fairway Lane), so that it may
be included in the site plan for Gardens Home Management Services to serve as
required parking and as a 25’ buffer system adjacent to the Florida Turnpike; and
WHEREAS, the subject parcel has a future land-use designation of Commercial
(C), a zoning classification of Planned Community Development (PCD) Overlay with an
underlying zoning of Commercial (C), and a designation of Commercial (C) on the
Master Plan of Development (Map H) of the DRI; and
WHEREAS, the Growth Management Department has reviewed the application,
has determined it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on
December 13,2005, and voted 7-0 to recommend approval of the abandonment; and
Date Prepared: January 27,2006
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Date Prepared: January 27,2006
Ordinance 10, 2006
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the abandonment of the 40’ wide by 161’ long, north/south portion of Fairview
Lane (also known as Fairway Lane), as more particularly described below, so that it
may be included in the site plan for Gardens Home Management Services to serve as
required parking and as a 25’ buffer system adjacent to the Florida Turnpike:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION IO, TOWNSHIP 42 SOUTH, RANGE 42
EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 10; THENCE
NORTH 88O27’03’’ WEST, ALONG THE CENTERLINE OF PGA BOULEVARD AND
THE NORTH LINE OF SAID SECTION IO, BEING THE BASIS OF BEARING, A
DISTANCE OF 303.53 FEET TO THE POINT OF INTERSECTION WITH THE
FLORIDA’S TURNPIKE, AS SHOWN ON THE FLORIDA DEPARTMENT OF
NORTHERLY PROLONGATION OF THE WESTERLY RIGHT-OF-WAY LINE OF
TRANSPORTATION RIGHT-OF-WAY MAP NO 4.1, SHEET 7 OF 12; THENCE
SOUTH 01°35’41” WEST, ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 110.00 FEET TO THE ULTIMATE RIGHT-OF-WAY LINE OF PGA
BOULEVARD;
THENCE CONTINUING SOUTH 01°35’41” WEST, ALONG SAID WESTERLY RIGHT-
OF-WAY LINE, A DISTANCE OF 40.00 FEET TO THE BOUNDARY OF FAIRVIEW
LANE AS SHOWN ON THE PLAT OF FAIRWAY DRIVE AND FAIRWAY LANE, AS
RECORDED IN PLAT BOOK 56, PAGES 21 & 22 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA AND THE POINT OF BEGINNING;
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Date Prepared: January 27,2006
Ordinance 10, 2006
THENCE CONTINUING SOUTH 01°35’41” WEST, ALONG SAID PLAT BOUNDARY A
DISTANCE OF 160.00 FEET; THENCE NORTH 88O27’03” WEST, FOR A DISTANCE
OF 40.00 FEET; THENCE NORTH 01°35’41” EAST, FOR A DISTANCE OF 160.00
FEET; THENCE SOUTH 88O27’03” EAST, FOR A DISTANCE OF 40.00 FEET TO THE
POINT OF BEGINNING.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA.
SUBJECT TO ALL PERTINENT MATTERS OF RECORD.
CONTAINING 0.146 ACRES, MORE OR LESS.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 27,2006
Ordinance 10, 2006
PASSED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Bamett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
V.. Jgsfile\Attorney\attorney-sharel
FOR AGAINST
RDINANCES\abandonment c fairview lane- ord
4
ABSENT
2006.doc
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RESOLUTION 23,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SITE PLAN
AMENDMENT FOR GARDENS HOME MANAGEMENT SERVICES
LOCATED WITHIN THE PGA NATIONAL PLANNED COMMUNITY
DEVELOPMENT (PCD) LOCATED AT THE SOUTHWEST CORNER OF
PGA BOULEVARD AND THE FLORIDA TURNPIKE, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
TO A PROFESSIONAL OFFICE; PROVIDING WAIVERS; PROVIDING
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
CONVERSION OF A 4,486 SQUARE-FOOT FORMER FIRE STATION
WHEREAS, on August 31, 1978, the City Council adopted Resolution 43, 1978
approving the PGA National Resort Planned Community Development (PCD), a
Development of Regional Impact (DRI); and
WHEREAS, a City of Palm Beach Gardens fire station was subsequently
constructed at the southwest corner of PGA Boulevard and the Florida Turnpike within the
PCD; and
WHEREAS, the fire station ceased operation, and the property was sold by the City;
and
WHEREAS, the City has received a request (MNSP-05-05-000001) from Urban
Design Studio, Inc., on behalf of John C. Bills, Trustee (Applicant), the current owner of the
former fire station property, for approval of a minor site plan amendment to allow the
conversion of the former fire station to a professional office for Gardens Home
Management Services; and
WHEREAS, the subject parcel has a future land-use designation of Commercial (C),
a zoning classification of Planned Community Development (PCD) Overlay with an
underlying zoning of Commercial (C), and a designation of Commercial (C) on the Master
Plan of Development (Map H) of the DRI; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined it is sufficient, and has recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board held a public hearing on
December 13, 2005, and voted 7-0 to recommend approval of the site plan amendment;
and
Date Prepared: January 27,2006
Resolution 23, 2006
Date Prepared: January 27,2006
Resolution 23, 2006
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WHEREAS, the City Council has considered the evidence and testimony presented
by the Applicant and other interested parties and the recommendations of the various City
of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has 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 site plan amendment application from Urban Design Studio, agent
for John C. Bills, Trustee, is hereby APPROVED on the following described real property,
to permit the renovation of the 4,486-square-foot existing structure, modifications to the
parking area, and additional landscape planting, subject to the conditions of approval and
waivers contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION IO, TOWNSHIP42 SOUTH, RANGE 42 EAST,
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION IO; THENCE
NORTH 88O27'03'' WEST, ALONG THE CENTERLINE OF PGA BOULEVARD AND THE
NORTH LINE OF SAID SECTION IO, BEING THE BASIS OF BEARING, A DISTANCE OF
303.53 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY
TURNPIKE, AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION
PROLONGATION OF THE WESTERLY RIGHT-OF-WAY LINE OF FLORIDA'S
RIGHT-OF-WAY MAP NO. 4.1, SHEET 7 OF 12; THENCE SOUTH 01°35'41" WEST,
ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 110.00 FEET TO
THE ULTIMATE RIGHT-OF-WAY OF PGA BOULEVARD AND THE POINT OF
BEGINNING.
THENCE CONTINUING SOUTH 0lo35'41'' WEST, ALONG SAID WESTERLY RIGHT-OF-
WAY LINE, A DISTANCE OF 200.00 FEET TO THE NORTHERLY BOUNDARY OF
FAIRVIEW LANE AS SHOWN ON THE PLAT OF FAIRWAY DRIVE AND FAIRWAY
LANE, AS RECORDED IN PLAT BOOK 56, PAGES 21 & 22 OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 88O27'03" WEST, ALONG
SAID NORTHERLY BOUNDARY, FORA DISTANCE OF 160.48 FEET; THENCE NORTH
01°32'57" EAST, FORA DISTANCE OF 200.00 FEET; THENCE SOUTH 88O27'03" EAST
FOR 160.61 FEET TO THE POINT OF BEGINNING.
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Date Prepared: January 27,2006
Resolution 23, 2006
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA.
SUBJECT TO ALL PERTINENT MATTERS OF RECORD.
CONTAINING 0.737 ACRES.
SECTION 3. The site plan shall comply with the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Plannina and Zoninq
1.
2.
3.
4.
5.
6.
Within six (6) months from the issuance of the clearing permit, the Applicant
shall remove all prohibited and invasive non-native plants from the property.
(City Forester)
Within six (6) months of the building permit for building renovation, the
Applicant shall have all landscape material and irrigation installed within the
road shoulder of PGA Boulevard from the western terminus to the eastern
terminus of the property. A three (3) month time extension for said work may
be granted by the Growth Management Administrator with good cause, but
shall not be extended beyond the date of the issuance of the Certificate of
Occupancy. (City Forester)
The Applicant shall be responsible for the maintenance of the road shoulder of
PGA Boulevard from the western terminus to the eastern terminus of the
property. This condition may be amended at any time by a separate
agreement between the Applicant and the City of Palm Beach Gardens. (City
Forester)
The Applicant shall be responsible for the maintenance of the road shoulder of
Fairview Lane from the western terminus to the eastern terminus of the
property. This condition may be amended at any time by a separate
agreement between the Applicant and the City of Palm Beach Gardens. (City
Forester)
Prior to the issuance of the building permit for building renovation, the plat
shall be approved by the City Council. (Planning & Zoning, Development
Com pl ia nce)
Prior to the issuance of the first building permit, the required digital files of the
approved plat in its entirety, transformed to NAD 83 State Plan Coordinate
System, shall be submitted to the Planning and Zoning Division. Prior to the
issuance of the first Certificate of Occupancy, approved civil engineering as-
built design and architectural drawings shall be submitted to the Planning and
Zoning Division. (GIs Manager, Development Compliance)
3
Date Prepared: January 27,2006
Resolution 23, 2006
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City Enqineer
7.
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IO.
11.
Prior to construction plan approval and the issuance of the first land alteration
permit, the Applicant shall provide surety for public infrastructure and all
landscaping and irrigation costs. The required surety shall be based on a cost
estimate for the project, including public infrastructure and all landscaping and
irrigation costs, for review and approval by the City in order to establish surety.
The cost estimate shall be signed and sealed by an engineer and landscape
architect registered in the State of Florida. Surety will be based on 110% of
the total combined approved cost estimates and shall be posted with the City
prior to the issuance of the first land alteration permit. (City Engineer)
The Applicant shall provide a cost estimate for the on-site project
improvements, not including public infrastructure or landscaping and irrigation
costs, for review and approval by the City. The cost estimate shall be signed
and sealed by an engineer registered in the State of Florida and shall be
posted with the City prior to the issuance of the first land alteration permit.
(City Engineer)
The Applicant shall comply with all Federal Environmental Protection Agency
(EPA) and State of Florida Department of Environmental Protection NPDES
permit requirements, including but not limited to, preparation of a storm water
pollution prevention plan and identification of appropriate Best Management
Practices, as generally accepted by the EPA andlor local regulatory agencies
for construction activities; submission of a Notice of Intent to EPA or its
designee; implementation of the approved plans; inspection and maintenance
of controls during construction; and submission of a Notice of Termination.
(City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
submit signedlsealedldated construction plans (pavinglgradingldrainage and
waterlsewer) and all pertinent calculations for review and comment. (City
Engineer)
The Applicant shall copy to the City all permit applications, certifications, and
approvals. (City Engineer)
Police
12. Landscaping, including long-term tree canopy growth, shall not conflict with
lighting. (Police)
13. Timer clock or photocell lighting for night time use shall be above or near
entryways. (Police)
4
Date Prepared: January 27,2006
Resolution 23,2006
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14. Numerical address shall be illuminated for night time visibility, shall not be
obstructed, and shall have bi-directional visibility from the roadway. Door
numbers shall be a minimum of six (6) inches. Building address numbers shall
be Arabic numerals and a minimum of twelve (12) inches. (Police)
15. Prior to the issuance of the first building permit, the Applicant shall prepare a
construction site security and management plan for approval by the Police
Department CPTED Official in order to provide a safe and secure working
environment. Non-compliance with the approved plan shall result in a stop-
work order for the project. (Police)
Public Works
16. Prior to the commencement of any workkonstruction activity within any public
right-of-way within the City of Palm Beach Gardens, the Applicant shall be
required to notify the City Public Works Division via fax at least ten (IO)
working days in advance. In the case of a City right-of-way, the property owner
has at least five (5) working days to obtain a right-of-way permit. Right-of-way
permits may be obtained at the Building Division. Failure to comply with this
condition could result in a stop-work order of all workkonstruction activity
within the public right-of-way and the subject development site. (Public Works)
SECTION 4. The City Council hereby approves the following waivers:
1. Section 78-344(h), Off-street Parking Loading, to allow a IO-foot stacking
distance at the point of site ingress.
2. Section 78-344(1)(1)aI Parking Stall Width, to allow 9.5’ wide x 18’6” long
parking spaces.
3. Section 78-320(4)(a)( 1 ), Foundation Landscaping and Plantings, to allow a
1.8I-wide foundation planting.
4. Section 78-306(d), Easement Encroachment, to allow a 15’-wide buffer
overlapped by a utility easement.
5. Section 78-319(a)(I), Minimum Landscape Buffer, to allow an 8’ buffer
adjacent to Fairview Lane on the south.
SECTION 5. This approval and construction shall be consistent with plans filed with
the City’s Growth Management Department as follows:
1. Site Plan, Alternate Landscape Improvement Plan, Plant List and Details,
Landscape Details, dated December 21 , 2005, by Urban Design Studio.
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Date Prepared: January 27,2006
Resolution 23,2006
2. Architectural Plans A-1 , A-2, and A-3 dated December 16,2005, by D. William
Be bee, Architect.
3. Photometric Plan by Brannon & Gillespie, LLC, received September 29,2005.
4. Boundary and Topographic Survey dated September 21, 2005, by RPB
Consulting, Inc.
SECTION 6. This approval expressly incorporates and is contingent upon all
representations made by the Applicant or Applicant's agents at any workshop or public
hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: January 27,2006
Resolution 23, 2006
PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBERLEVY
COUNCILMEMBER VALECHE
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COUNCILMEMBER BARNETT ---
\\Pbgsfile\Attorneylattorney-share\RESOLUTlONS\gardens home mgmt svcs - reso 23 2006.doc
7
December 21,2005
Ms. Jackie Holloman, Planner
City of Palm Beach Gardens
10500 No. Military Trail
Palm Beach Gardens, FL 33410
RE: GARDENS HOME MANAGEMENT
PBG REF. MNSP-05-05-000001
UDS REF. #SO-000.62 (GA)
urban d"dJ" stu 10
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Dear Jackie,
In response to the comments received at the Planning, Zoning, and Appeals Board December 13,
2005 Meeting, and additional comments received from City Staff, we have amended the attached
site, landscape and architectural plans. Modifications to the plans include the following:
1) The HVAC units have been relocated from the proposed roof-top lo-cation to the ground at
the rear (north) elevation of the building. The HVAC units will be screened with a fence on
the north side and hedges on the east and west.
3) The attached site plan has been amended to include the notation referencing the 7' waiver
from Section 78-3 19(a)( 1) 15' Minimum Landscape Buffer and Planting Requirements.
2) At the direction of Ross Gilmore, the attached landscape plans have been amended to
eliminate the two (2) Black Olive Trees which were proposed to be relocated to the front
buffer from elsewhere on the site. Due to hurricane winds that destroyed one of the trees, and
damaged the other, the viability of the remaining tree's survival is less likely upon relocation.
In lieu of the Black Olive's the applicant is proposing to plant Oaks at a height of 18'.
We hope that you find all the attached information to be satisfactory to allow us to be scheduled
for the next available City Council meeting. Should you have any questions regarding the
attached materials, or require any additional information, please let me know.
Principal
SP
CITY OF PALM BCH GDNS
Attachments (9 copies ofeach):
> Site Plan, prepared by Urban Design Studio, dated December 2 1 PLANNING & ZONING DIV
2005.
>
>
Landscape Alternate Improvement Plan (3 sheets) prepared by 477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401 Urban Design Studio, dated December 2 1, 2005.
Architectural Elevations (3 sheets) prepared by William Beebe, 561 366.1 loo 561.366.1 I I I fax
dated December 16,2005.
cc: Jim Griffin
C:Uobs\Gardens Home ManagementMpplication Infokesponseltrl I2905.wpd
LCC35
www.UDSonline.com
LCC35
PROJECT NARRATIVE
GARDENS HOME MANAGEMENT SER 1 2ES
(OLD PGA NATIONAL FIRE STATION SITE)
Urban Design
Land Planning
Landscape Architecture
Amended September 28,2005 Urban Planning
Request/Location
The request, on behalf of John C. Bills, Trustee, a Miscellaneous Site
Plan Amendment application to convert the existing fire station building to professional offices. The
,777 acre subject property is located on the north side ofFairview Lane in PGA National, within the
City of Palm Beach Gardens.
The purpose of this application is to request a Miscellaneous Site Plan approval to allow a
modification of the parking area, additional landscape planting and renovations of the existing
structure. The applicant is proposing to renovate the existing building and convert it to office space
for the Gardens Home Management Services office. Concurrently, there is an application being
processed requesting abandonment of a portion of the north/snuth 40’ section of Fairway Lane
which lies to the east of the property.
History
The subject property was previously used by the City of Palm Beach Gardens Fire department as a
sub-station. In 2002, the city sold the property to Devonshire Associates Ltd. in 2002. In September
of 2004, John C. Bills, as trustee, bought the subject property from Devonshire Associates Ltd. It
is the intention of Gardens Home Management to lease the property and move their operations to
this site. Gardens Home Management Services is a company that provides property management
services to the BallenIsles residents. Their services include maintenance ofproperties while residents
are out of town, personal services such as pick up and delivery, “handyman” repairs and
housekeeping. The Gardens Home Management offices are currently operating from an office within
BallenIsles which is scheduled to be removed.
The proposed abandonment application will allow the construction of parking in a previously paved
parking area which is located within the right-of-way. The balance of the right-of-way will be
planted and maintained as part of a buffer system adjacent to the Turnpike.
Compliance/Land Use
osemary Avenue
5 - The Lofts at City Place G JobsGardens Home ManagementLApplicatlon Info\niinorPROJ1 C I NAKRATIVF wpd
I.CC35 est Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www. U D Son I i ne.com
LCC35
L
Gardens Home Management Services
Page 2
l?? ?A 11 L~, ~~35 - Amended September 28,2005
The proposed office is a permitted use within the existing commercial land use and the PGA
National PCD. The subject property is .737 acres of land based on the addition of the land for the
abandonment. The existing building is 4,486 square feet. The total square footage includes 444
square feet of mezzanine space that will be used for a mechanical room and storage.
Access
There are three existing access points into this site. With the redesign of the site, the center access
point will be closed, cross-access will be added and additional landscaping will be added. The other
two access points will be modified to meet current standards. That portion of the eastern side of the
site which is proposed as parking will be a modification of'the existing pavement area used by the
fire department for parking and driveway area into the side of the building. This existing pavement
area overlaps the 40' Fairview Lane right-of-way which is the subject of the abandonment
application. Because circulation through the center ofthe building is no longer an option, additional
pavement area will be added to the north of the building to allow for circulation around the building.
1 EXISTING USE
SUBJECT PROPERTY:
Existing fire station
TO THE NORTH:
PGA Boulevard
TO THE EAST:
Florida's Turnpike
TO THE SOUTH:
PGA National PCD
TO THE WEST:
PGA National PCD
ZONING I FUTURE LAND USE
PCD Commercial
Road way Roadway
Roadway 1 Roadway
PCD/DRI Commercial
PCDIDRI Coin m erc i a1
Landscaping
The majority of the existing vegetation will be removed and replaced. The proposed alternate
G.Uobs\Gardens Home Managetnent~pplicatloli Infn\minnrPROJEC'T NARKAlIVt: wpd
LCC35
SITE ANALYSIS:
Gardens Home Management Services
Comparison Proposed
I to CG-1 district
regulations
(Section 78-153)
Gardens Home M anageinent Sen4 ces
Page 3
1 QQ I1 LL, L 385 - Amended September 28,2005
landscape plan incorporates additional planting on the perimeters, and adjacent to the existing
building. The two existing Black Olive trees will be relocated. The Alternate Landscape
Improvement plan takes into account the lack of area available adjacent to the building and
incorporates additional planting within the buffer along the Turnpike and along the western property
line. The proposed landscape plan exceeds the required landscape points as stated in the code.
Architectural Style and Special Features
The applicant proposed to remove the large overhead doors used by the fire department and replace
them with stucco and windows to match the existing. The entire exterior of the building will be
repainted and cleaned up. On the rear of the building, a small overhead door will be added to allow
for deliveries. Attached are photographs of the existing building colors which will be matched. Also
attached are architectural plans which represent the proposed changes.
Muximum Height 36 feet 29' 9 318" Yes
Limit
Minimum Site Area I acres .737 acres N/A existing
Maximum Lot 3 5 0% 13.9 'Yo Yes
Coverage
Setbacks
Front 50' 43' NIA Existing
Side Facing Street 40' NIA NfA
Side 15' 22' Yes
Rear 15' 95' Yes
Parking/Loading
~~
Number 15 15 Yes
Parking Space Size 10' x 18.5' 9 spaces at 9.5' x 18.5' Waiver Requested
5 parallel spaces at 9' x 23' Yes
C; UobsGardens Home Managemenr\AppIication Inlo'niinorPK@Jl < r NARRAI IVL wpd
LCC3S
Gardens H ome Management S en4 ces
Page 4
1 qq 11 LL, L 2885 - Amended September 28,2005
. ->,-
WAIVERS
SITE ANAL YSIS:
Gardens Horn e Managern ent Services
Consistent
to CG-1 district
I
SECTION 78-344 (h) - Entrances and Exits - The applicant would like to request approval to
allow less than 100' of stacking distance between the parking spaces and the right-of-way. As
provided for in the code, this provision can be approved by the city engineer. The site conditions
in this case are unique due to the location of the parcel entry to the dead-end right-of-way. The only
traffic movements that will occur will be directly related to the use on the site, which is expected to
generate very little traffic. Due to the dead-end condition of the roadway, there will not be a through
traffic condition that would otherwise be compromised should there be a car waiting at the entrance.
The closest access point into the shopping center to the south is located more than 100 feet away.
SECTION 78-344 (l)(l)(a) Standard Space The applicant would like to request a waiver to allow
for a .5' reduction in the required 10' width of the standard parking spaces located adjacent to the
eastern property line to allow for a 9.5' width. The proposed parking widths, are consistent with the
code provision which allows office uses to reduce the minimum parking space widths, provided
additional open space is provided at a ratio of 1.5 square feet for each square foot of reduced
pavement area. The parking plan proposes 9 spaces to be reduced by 9.25 sf each (83.25) at a ratio
of 1.5 times that area we are required to provide 88 additional square feet of open space. That area
is provided at either end of the parking bay and is shown on the site plan.
SECTION 78-320 (4)(a)(l) Foundation landscaping and plantings. The applicant would like to
request a waiver from the minimum 5' foundation planting requirement. Due to the existing
configuration of the land, and the desire to provide vehicular circulation around the building, a
compromise has been made with regard to thc cross-section of the area. The design includes the full
8' required landscape buffer and an 11' one-way driveway. The remaining area is 1.8' which is
proposed to be planted with a hedge along the entire length of the building. Additional trees have
been provided along the perimeter to compensate for the reduction in the foundation landscaping.
G UobsGardens Home Managemenl\Application Info\mmorPROJECT NARRATlVF wpd
LCC35
Gardens Home Management Services
Page 5
qQ LL, 2885 - Amended September 28,2005
SECTION 78-306(d) Easement Encroachment - When the original PGA National PCD was
approved, the 25' PCD buffer was not required in this area due to the use of the land being in the
ownership of the city. The applicant would like to provide a buffer to screen the site from the
Turnpike. The location of the buffer is proposed where it would have otherwise been provided if
it had been constructed with the fire station. Because the FPL easement is existing, this request is
to allow the proposed 25' buffer to overlap the existing 15' FPL easement. The location of the
proposed buffer is consistent with the current configuration of green open space on the site. The
applicant is proposing to provide a dense planting within the remaining 10'. The entire area of the
buffer and easement are in the area of the right-of-way which is the subject of the abandonment and
will protect the area from future roadway construction.
G Vobs'jGardens Home Managemenr\Application I~To\~I~o~PROJECT NAKRATIVL wpd
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Section 78-319(a)(l) Minimum Landscape Buffer and Planting Requirements
The applicant would like to request a 7' waiver from the code which requires a 15' landscape
buffer adjacent to a right-of-way. The applicant is requesting to reduce the current non-
conformity of the site by providing an 8' landscape buffer along the front of the property where
currently no landscaping exists. The existing use of the site as a fire station provided a parking
lot in front of the building and dual driveways which provided circulation through the building
rather than around it. Any commercial use of the building will require the enclosure of the fire
truck bays which eliminates that circulation. To address the circulation issue and to provide the
required parking for the proposed use, the applicant is proposing a modification of the existing
parking lot and driveways to allow a drive aisle, and two parallel parking spaces between the
building and the roadway. The proposed design minimizes the waiver request, and eliminates
the existing non-conformity by removing the pavement and providing the 8' landscape buffer to
screen the front of the property.
Due to the unique location of the property, at the end of a dead-end street, and adjacent to the
shopping center to the south, the site appears to be integrated as a part of the overall shopping
center. The proposed waiver will not have a detrimental affect on the surrounding property
owners, and will help to increase the landscaped open space of the site.
SKETCH OF DESCRIPTION
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Land Surveying and Mapping PROPOSED RIGHT-OF-WAY '741 North Militory Trail, Woodbine Commons, Suite 1, Polm Beach Gardens, florid0 33410
Phone & Fax: (561) 841 -7466 E-moil: rpbconsultinginc(Pearthlink.net SHEET 2 OF 2
CITY OF PALM BEACH GARDENS
CITY ATTORNEY'S OFFICE
DATE:
TO:
FROM:
RE:
APRIL 11,2005
CHARLES K. WU
/
I J*
- pf.3 I, CHRISTINE P. TATUM !'
'II !a
ABANDONMENT OF STREETS AND RIGHTS-OF-WAY
The purpose of this memo is to establish a uniform procedure for the
abandonment of streets, rights-of-way, easements, and other non-fee interests of
the City in real property and to provide the methods and procedures for
processing the applications. Currently, the City code does not address
abandonments, and it is therefore necessary to establish a process. I would
suggest that in the future an amendment to the LDRs be prepared to codify this
procedure.
All requests for abandonment of streets, rights-of-way, easements, and other
non-fee interests which the City may have in real property shall be made in
writing on an application form furnished by the growth management department
and shall require the following information:
1. The name and address of the applicant.
2. A general description of the street, right-of-way, easement, or other non-
fee interest of the City which the applicant seeks to have vacated and the
location of same. Where possible, a legal description by metes and
bounds shall be provided, which shall be accompanied by a map or
drawing which also shows the general area involved and the location of
the specific property interest to be abandoned.
3. The reason for the request of abandonment.
4. The names and addresses of the owners and occupants of real property
abutting the street, right-of-way, easement, or other non-fee interest of the
City which the applicant seeks to have abandoned.
CITY OF PALM HEACH GARDENS
Charles K. Wu
April 11 , 2005
Page 2 of 2
5. The name' and address of all public or private utility companies that may
be involved or concerned with the abandonment.
Notice of the proposed abandonment should be given in the same manner as
The application for abandonment should be considered at a public hearing by the
PZAB and the City Council.
notices for reronings. -
When considering an application for abandonment, the following should be
considered :
1. The benefit to the general public of the existing street, right-of-way,
easement, or non-fee interest.
2. The rearrangement of streets, rights-of-way, easements, or non-fee
interests which will be required to secure a regular and harmonious
system for traffic circulation if the abandonment is granted.
3. Whether the street, right-of way, easement, or non-fee interest has been
improved, and the extent to which it currently is, or in the future will be.
utilized by the general public.
4. Whether the abandonment is proposed in conjunction with an application
for development approval for adjacent property.
5. Whether the proposed abandonment is in the public interest.
Conclusion. I have reviewed the documents submitted by UDS relating to the
proposed abandonment of Fairway Lane within PGA National, and it appears that
this application will be sufficient if the following two minor points are clarified:
I. The Shoppes on the Green Association joins in the request for the
abandonment; and
2. All utility companies have been notified and have indicated there is no
objection.
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: 02/22/06
FROM:
THRU:
SUBJECT: Resolution 26,2006: Amen
Daniel P. Clark, Interim Gro
Ronald M. Ferris, City Manag
cc: Applicant
Patricia Snider, City Clerk
Christine P. Tatum, City Attorney
Michael J. Sanchez, Planning Manager
The above-referenced petition is scheduled to be heard at the March 2,2006, City
Council meeting. Due to issues that have recently arisen with respect to the
subject petition, staff respectfully requests that said petition be postponed to a
date certain, which will be determined prior to the March 2, 2006, City Council
meeting.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 27,2006
Meeting Date: March 2,2006
Resolution: 18,2006
SubjectIAgenda Item: Purchase award to Don Reid Ford, Duval Ford, Maroone
Dodge, Maroone Chevrolet and Ft. Lauderdale Harley-Davidson for 36 vehicles and
seven (7) motorcycles via an existing contract with the Florida Sheriffs Association (05-
[ X ] Recommendation to APPROVE
13-0822)
11 Recommendation to DENY
Reviewed by: ,
Finance &. Administrator
Department
Administrator
Approved by:
City Manager
fleet Superintendent
Public Works
Michael Morrow
Operations Director
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
-
[ x ] Not required
Costs: $788.664
(Total)
$788.664
Current FY
Funding Source:
[ ] Operating
[ ] Other
Budget Acct. #:
501 -3020-539.641 0
001 -1430-524.641 0
001-3090-524.641 0
303-1200-522.641 0
001 -1 030-521.641 0
302-1 000-521.6400
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 18, 2006
[ ]None
Date Prepared: January 27,2006
Meeting Date: March 2,2006
Resolution 18,2006
BACKGROUND:
The City’s Fleet Committee has reviewed all vehicle and motorcycle requests submitted for
FY 2005-2006 and recommends the purchase of 36 vehicles and seven (7) police
motorcycles.
During the review of the 2002 budget, Council directed staff to analyze the effectiveness of
the City’s Fleet Management system. In the fall of 2001, the City Manager appointed a
Fleet Management Committee to review this subject. The committee is made up of one (1)
representative from each department, and meets regularly for the purpose of the following
items:
Focus on acquisition of appropriate vehicle or equipment for assigned tasks.
Fosters self-governance and input from users.
Draft policies related to fleet services with City Manager’s approval.
0 Review all fleet budget transfers from departments including cost allocations for
fleet user expenses, amortization of vehicles and equipment, maintenance costs,
fuel, and tires.
0 Review method of amortization for replacement vehicles considering such factors as
vehicle age, condition, mileage, and life cycle costing.
0 Review vehicle and equipment acquisition for upcoming budget years.
o Expenses for replacement vehicles will come from the Fleet Maintenance
budget when vehicles have reached full amortization. If the amortization and
estimated auction value does not meet the replacement cost, the responsible
department will be required to establish monies in the budget year for the
replacement difference.
The Fleet Committee’s deliberations regarding vehicle and equipment acquisition during
FY 2004/2005 established the FY 2005/2006 request for vehicles in the adopted budget.
Given the recent rise in fuel and oil costs, the Fleet Committee met to analyze the potential
for energy conservation regarding vehicle and equipment purchases in the FY 2005/2006
budget. This approach required a new analysis that would potentially lower fuel mileage in
vehicles that were being used in higher mileage situations.
The Fleet Committee’s findings and recommendations to the City Manager were to place
larger, less fuel efficient vehicles in more job appropriate departments, and provide more
fuel efficient vehicles in their place. In light of this, the Fleet Committee’s emphasis for all
future vehicle and equipment purchases will focus on this approach.
Date Prepared: January 27,2006
Meeting Date: March 2,2006
Resolution 18, 2006
The vehicle and motorcycle recommended purchases for each department are as follows:
Police:
*Eight (8) Ford Crown Victoria Police Interceptors @ *One (1) Ford Escape 4x4
*One (1) Dodge Magnum Police Package
*Seven (7) Harley-Davidson Police Motorcycles
Six (6) Ford Crown Victoria Police Interceptors
*One (1) Chevrolet Tahoe Police Package
One (1) Ford 500 Sedan
One (1) Ford Escape 4x2
Two (2) Ford Escapes 4x2
@ @ @ @
@ @ @
@
Sub Total
Fire Department
Sub Total
Growth Management (Code):
Sub Total
Community Sewices
Public Works
*Two (2) Ford Escapes 4x4 @
Building
- Parks
Recreation
Grounds
*One (1) Ford F-250 with utility bed
*One (1) Ford F-350 4x4
Two (2) Ford Escapes 4x4
Four (4) Ford Escapes 4x2
*Two (2) Ford Escapes 4x4
*One (1) Ford F-250 SD 4x2 with liflgate
*One (1) Ford Escape 4x2
One (1) Ford Escape 4x4
@ @
@ @
@ @
@
@ Sub Total
$161,272
$1 8,894
$27,496
$103,355
$120,944
$431,961
$33,907
$20,465
$1 3,999
$68,371
$27.998
$27,998
$37,788
$20,766
$20,126
$37,788
$55,996
$37,788
$1 7,289
$1 3,899
$1 8.894
$260,334
*Replacement Vehicle
The total cost of all vehicles is $788,664, which will be purchased via an existing contract
with the Florida Sheriffs Association (No. 05-1 3-0822).
STAFF RECOMMENDATION: Approve Resolution 18,2006 authorizing purchase awards
to Don Reid Ford, Duval Ford, Maroone Dodge, Maroone Chevrolet and Ft. Lauderdale
Harley-Davidson via an existing contract with the Florida Sheriffs Association (No. 05-1 3-
0822).
Date Prepared: February 2, 2006
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RESOLUTION 18,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING CONTRACTS FOR THE
DUVAL FORD, MAROONE DODGE, AND MAROONE CHEVROLET,
AND FOR THE PURCHASE OF SEVEN POLICE MOTORCYCLES
CONTRACT WITH THE FLORIDA SHERIFF’S ASSOCIATION,
DATE.
PURCHASE OF THIRTY-SIX VEHICLES TO DON REID FORD,
TO FORT LAUDERDALE HARLEY-DAVIDSON VIA AN EXISTING
CONTRACT NO. 05-1 3-0822; AND PROVIDING AN EFFECTIVE
WHEREAS, the City wishes to purchase forty-three vehicles as outlined in
Exhibit “A’, twenty-seven of which are replacing existing vehicles that no longer
adequately provide the required level of service; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback” an agreement awarded to another governmental agency pursuant to a
competitive sealed bid; 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 to award a
contract to Don Reid Ford, Duval Ford, Maroone Dodge, Maroone Chevrolet, and Ft.
Lauderdale Harley-Davidson based on an existing contract with the Florida Sheriffs
Association, Contract No. 05-1 3-0822, incorporated herein by reference.
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 authorizes the purchase of forty-three
vehicles from Don Reid Ford, Duval Ford, Maroone Dodge, Maroone Chevrolet, and Ft.
Lauderdale Harley-Davidson and hereby authorizes the City Manager to execute all
documents necessary to effectuate such purchase.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: February 16,2006
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBERLEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
,I
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\vehicle purchase-reso 18 2006.doc
2
EXHIBIT A
Police:
*Eight (8) Ford Crown Victoria Police Interceptors @ *One (1 ) Ford Escape 4x4
*One (1) Dodge Magnum Police Package
*Seven (7) Harley-Davidson Police Motorcycles
@ @ @ Six (6) Crown Victoria Police Interceptors
Fire Department
*One (1) Chevrolet Tahoe Police Package
One (1) Ford 500 Sedan
One (1 ) Ford Escape 4x2
Growth Management (Code):
Two (2) Ford Escapes 4x2
Community Services
Public Works
*Two (2) Ford Escapes 4x4
*One (1) Ford F-250 with utility bed
*One (1 ) Ford F-350 4x4
Two (2) Ford Escapes 4x4
Four (4) Ford Escapes 4x2
*TWO (2) Ford Escapes 4x4
*One (1 ) Ford F-250 SD 4x2 with liftgate
*One (1 ) Ford Escape 4x2
One (1 ) Ford Escape 4x4
Building
Parks
Recreation
Grounds
@
@ @ @
@
Sub Total
Sub Total
Sub Total
@ @
@I
@ @
@ @
@
@ Sub Total
$1 61,272
$1 8,894
$27,496
$1 03,355
$120,944
$437,967
$33,907
$20,465
$1 3,999
$68,377
$27,998
$27,998
$37,788
$20 , 766
$20,126
$37,788
$55,996
$37,788
$1 7,289
$1 3,899
$1 8,894
$260,334
*Replacement Ve hide
City c? Palm Beach Gardens
Council Agenda
March 2,2006
& b i!
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 2,2006
7:OO P.M.
JI. PLEDGE OF ALLEGIANCE
41. ROLLCALL
‘J 111. ADDITIONS, DELETIONS, MODIFICATIONS:
JIV ANNOUNCEMENTS / PRESENTATIONS:
a. School Board - presentation on the re-construction, increase in population,
concurrency and optimum size of Palm Beach Gardens High School.
J V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
VU. COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, Dlease submit
reauest form to the City Clerk Drier to this Item)
VIII. CONSENT AGENDA:
a. (Page 6) Approve Minutes from the February 2, 2006 Regular City Council
meeting.
b. (Staff ReDort on Pape 11, Resolutioii on Pape 15) Resolution 24, 2006 -
Approve a Work Authorization and Notice to Proceed to Landscape Service
Professionals, Inc. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving a Work Authorization and Notice to Proceed to
Landscaping Service Professionals, Inc. based on its annual landscaping and
irrigation contract dated September 15, 2005, for median improvements along
Military Trail from 1-95 to EPB-3C Canal; and providing an effective date.
c. JPape 19) Quarterly Financial Report for the period ending December 31,2005.
d. l Pape 71~LProclamation - March as Woman’s History Month
IX. PUBLIC HEARINGS:
Part I - Ouasi-iudicial
a.
I+@/$- /'
iwks- as d4zsmhd IflMle *kilk4
signals; and providing 'k'effectj
lad@ certain conditio
including the tag for th nstallation of landscape buffers and
~ -
b.
Quid
59
(St; - ort on P ge 159, Ordinance on Page 172, Resolution on Page 178
br (2nd reading and adoption) Amending the development ordei
,,,\wmed Comm ity Development (PCD).-e - -- J --ty of Pa dl each @dens, Florida
t990 relating to the Northcorg Planned Community Devebpakent (PCD)
Phnd Unit Development (PUD); transferring the conditions of approval of
thcorp PCD and PUD to Resolution 19,2006; and providing an effective dat
Resolution 19,2006 is a companion item to Ordinance 9,2006 and
will require Council action.
7 - Amendment to the 107-acre Northcorp Planned
---
mmm&c3m lerrdty - r3aApma (PCDX germdiy h.PE&d Nmkr OB h
r.-&-u t0modiflcertaincorKiitio1 *
id providing an effective date.
Resolution 20,2006 is a companion item to Ordinance 9,2006 and
will require Council action.
lStaff Report on Page 192, Resolution on Paw 209) ~
A roving a sit lan amendment to the Anspach project. bkdk
nmendment to thc
ion
-FkSidi?
pach project at the Northcorp Plarme E-
lntnusx
relopment (PCD), to allow an additional 16,275 square feet of Ta
the Northcorp Planned Community Development (€'€DL oe neEdybsptedatt
j&666 square f& of light industrial use, located on the 7.0-a~~ site whi
comprises Lot 1 of the South MCenter and Lot 2 of the West Park Center
Southwest corner of the intersection of Rivemkle Drive and Nortkmp Rdkm 1
as more particularly described herein; p.rowfor waivers: nrovidinn 1
mnditions of approval; and providing an effective date
1
t
C. z 239, Ordinance on Page 248, Resolution on Page 252) * ding) Application - r abandonme
Florida approvmg an application for thii-abadjihent of the 40’ -e ‘
byIvl long, North/South portion of Faikview Lane (dso known as Fairw-7’
raw), gpedly located at the Southwest corner O+ WA
.Ada Turnpike within the PGA National Re t PLnned iuni - Development (PCD 1: dpovidinq 8n effective date.
An0 -0rmeclt y counc11 or me cIt y or Yam k5kXsn
-
Resolution 23,2006 is a companion item to Ordinance 10,2006 and
will require Council action at 2’d reading.
Resolution 23,2006 - Site Plan Amendment. A Resolution of the City Council of
the City of Palm Beach Gardens, Florida approving a site plan amendment for
Gardens Home Management Services located within the PGA National Planned
Community Development (PCD) located at the Southwest comer of PGA
Boulevard and the Florida Turnpike, as more particularly described herein, to
allow the conversion of a 4,486 square-foot former fire station to a professional
office; providing waivers; providing conditions of approval; and providing an
effective date.
d. JPape 29(
X.
Xesolution 26, 20Q ipproved
, Resolution of the City Council of the City of Palm kacb
Liarder ovhg an amendment to the Master Development Plan for
the @proximately &icre RCA Center planned unit Development (PUD),
(A K.A. “Parcel 5B”) yproved by way of Resolution 216, 2004, geGdly
W ~GzI Sver t-~morth, the ~10X&Toast (FEC~ ~a;lway
to the East, the GardG Station PUD to the South, and RCA l3oulem~- he b&. askre mrticularlvdescribed herein, to mod* certain condzons of
Uocation of square footage between certain buildings
levations of rtain-buiidings; addition of a
Ksite and
ken1
Flonda q
JW: a 1
’ approval
Part I1 - Non-Ouasi-judicial
RESOLUTIONS:
RCA Center PUD - Revisions tc
a. JStaff ReDort on Page 291, Resolution on Page 294) Resolution 18, 2006 -
Purchase award for thirty six vehicles and seven motorcycles. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida awarding contracts for
the purchase of thirty-six vehicles to Don Reid Ford, Duval Ford, Maroone
Dodge, and Maroone Chevrolet, and for the purchase of seven Police motorcycles
to Fort Lauderdale Harley-Davidson via an existing contract with the Florida
Sheriffs Association, Contract No. 05-13-0822; and providing an effective date.
@&
<lo
XI ORDINANCES: (For Consideration on First Reading)
MI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Omce at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: \I!/ d rn 1 I -*- ,UPjcPm Address: V /13vq / City: Subject: L2h-h Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the c‘Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
7;; 04M-m COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ‘, I\ c %-- $2 -. y (\’- City: ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council e Address: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council flA&h-a I City: Subject : I I 1; ..71 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Please Print COMMENTS FROM THE PUBLIC Request to Address City Council 7-- Members of the public may address the City Council during the ‘‘Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
!I I) Dl'I.lO% s (2) Under Consent
Proclamation declaring March as National
Nutrition Month
Under Resolutions
Resolution 34,2006
Authorizing the Execution of an Interlocal
Agreement with Palm Beach County, the Town of
Jupiter, the Town of Mangonia Park, the Town of
Lake Park, and the City of Riviera Beach creating
a Bioscience Land Protection Advisory Board and
providing for consideration of local
Comprehensive Plan Amendments to establish and
protect Bioscience Research Protection Overlays.
l~~~l,~'I~lO~S (1) ANNOUNCEMENTS / PRESENTATIONS
School Board presentation on Palm Beach Gardens
High School. This has been cancelled and will be
re-scheduled at a later date.
The City received an e-mail yesterday from the
Palm Beach County School District letting us
know that since they are still working with City
staff through the official DRC process they are not
prepared to present this evening. The School
District did have the opportunity to have an
informal follow-up meeting with Commissioner
Marcus on Monday, February 27fh as requested.
They apologize for any inconvenience this may
have caused and will come back to Council in the
near future.
"Vi to De Francesco"
net.att.net>
02/28/2006 0507 PM
To: "vito defrancesco" cvito-defrancesco@fpI.corn>
cv.defrancesco@world cc 1
Subject: Fw: new request by Borland
----- Original Message -----
From: Brad Wiseman
To: Vito DeFrancesco
Cc: Dan Clark ; Debbie Andrea ; Patty Snider ; Cheryl Levy ; Stacy Rundle ; Christine Tatum
Sent: Tuesday, February 28,2006 8:07 AM
Subject: RE: new request by Borland
Mr.. DeFrancesco.
Please see attached.
From: Vito DeFrancesco [maiIto:v.defrancesco@worldnet.att.net]
Sent: Wednesday, February 22, 2006 6:06 AM
To: Brad Wiseman; Talal Benothman
Cc: Jody (home) Barnett; Joseph Russo; Hal Valeche; David (Home) Levy; David Levy; Walter Schmidt;
Steve Barnes; Paul Auerbach; Eileen Tucker; Dr. Richard Orman
Subject: new request by Borland
Brad and Talal,
I just saw a new request by Borland to reduce the size of Bldg "GO" (The religious portion of the project)
which is a good thing. The second part of the request was to add a playground which may not be a good
thing for the abutting neighbors.
Where is this playground? The only unpaved land on this site is the "OPEN SPACE" to be developed later
section which has no allowable uses on it and therefore not even a playground could be authorized on it
without getting that section rezoned.
This change is listed in the PBG web site as an administrative determination and not as a Major or Minor
amendment as listed in the code. Why?
How can a playground be added to a site and not be called at least a Minor change?
Minor changes require certain steps and give neighboring communities a certain amount of rights so why
is this developer being allowed to short change the process or are they being allowed latitude?
I attached a PBG letter to the community that explains the entire streamlined process as outline by
Ordinance 6, 2005 but does not list "Administrative" as a category for changing a development order.
LDR 78-43 Table 2 has listed applicable requirements for a Major and Minor DO change, why is not being
followed or is it?
Led 78-49 list Major and Minor. I agree that under Minor it talks about administrative but why
Administrative and not Major or Minor?
Sec. 78-49. Amendments to approved development orders.
(a) Amendments to approved development orders. Criteria for amendments to approved
development orders, including site plans, master plans, architectural elevations, conditions of
approval, developer's agreements, project phasing, etc., are established by this section. For the
purpose of this section, two types of amendments are created:
(1) Major amendments; and
(2) Minor amendments
These are listed under Major and possible could apply: "(7) Character and appearance. Any
amendment which would negatively impact the character or the appearance of an approved
development." 'I( 13) Changes to developer's agreements. Any changes to an approved
developer's agreement''
Even if it is considered Minor LDR 78-43 table 2 still needs to be followed along with the steps listed in
the attached memo per Ordinance 6,2005. Is the attached memo a good representation of Ordinance 6,
2005? If so will it be followed? If so has it been incorporated into the codes or what is the time table for
incorporation of this Ordinance?
CITY OF PALM BEACH GARDENS E-MAIL DISCLAIMER:
Please note: Florida has a very broad public records law. Most written communications to or from local
officials regarding city business are public records available to the public and media upon request. Your
e-mail communications may therefore be subject to public disclosure.
CITY OF PAL
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
February 27,2006
Vito DeFrancesco
1049 Shady Lakes Circle
Palm Beach Gardens, FL 3341 8
Response to: Public Records Request dated February 22,2006
Dear Mr. DeFrancesco:
The City is in receipt of your public records request concerning Resolution 14,2006, and we are
working to collect and provide the documents we have. Please be advised that the Borland Center
PUD amendment process is in compliance with the Code of Ordinances.
Sincerely,
Daniel P. Clark, P.E.
Interim Growth Management Administrator
cc: Mayor & City Councilmembers
Ron Ferris, City Manager
Christine Tatum, City Attorney
Brad Wiseman, Senior Planner
Kara Irwin, Planning Manager
Patty Snider, City Clerk
Stacy Rundle, Executive Assistant to the City Manager
,
(i 78-43
..
CJ
PALM BEACH GARDENS CODE
CD78:20
’
3
3
applicable
One entry found for applicable.
Main Entry: ap-pli-ca-ble 41) 411
Pronunciation: ‘a-pli-k&-b&l also &-‘pli-k&-
Function: adjective
: capable of or suitable for being applied : APPROPRIATE
<statutes applicable to the case>
synonym see RELEVANT
LDR Section. 78-6. Interpretation and conflict.
“(b) Conflict with other public provisions. This chapter is not intended to interfere with, abrogate or
annul any other ordinance, rule or regulation, statute or other provision of law, except those which are
in conflict with these provided for in this chapter. Where any provision of this chapter imposes
restrictions different from those imposed by any other provision of this chapter or any other ordinance,
rule or regulation or other provision of law, the provision which is more restrictive or imposes
hiqher standards will control. ”
LDR Section. 78-49. Amendments to approved development orders.
“(b) Major amendments. Development order applications for major amendments are reviewed in the
same manner as the original application. Major amendments to approved development plans include
the changes listed below.
(13) Changes to developer’s agreements. Any changes to an approved developer‘s agreement. ”
LDR Section. 78-43. Review of applications for development order approval. Table 2:
Development Review Schedule requires the following actions: 1) Pre-App, 2) Submit Application, 3)
Sufficiency Review, 4) DRC Review, 5) DRC ApprovaVCertification, 6) PZAB Workshop, 7) PZAB
Public Hearing, 8) Council First Reading, and 9) Council Second Reading
LDR Section. 78-61. “Effective period of development orders and enforcement of conditions.
b) to comply with one or more time requirements or failure to comply with a condition of
development approval. ”
Suspension of development orders. Suspension of development orders may occur upon failure
LDR Section. 78-43. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as indicated in
Table I and comply with all requirements of this chapter.
(1) Development review schedule. Review of all applications for development order approval shall
be consistent with the requirements of Table 2.
“Affidavit of Property Owners” submitted in behalf of the Borland project is missing the single largest
Property owner that is directly impacted by both the landscaping and traffic light issue. Parcel Control
Number 52-42-42-01 -04-0000, which is for the Publidcafe Chardonnay Plaza was omitted The
omission of any property owner invokes LDR 78-54(e), “Failure to Provide Notice”. This LDR section
states: “Failure to comply SHALL result in an automatic postponement of the application“
Borland Center (Midtown PUD) Description :
Project# :
Planner:
Location :
DRC Mtg
Date:
PZAB DATE:
City Council
Date:
Approva I
Date:
A request by Don Hearing, agent
MISC-05-12-000011for the Borland Center PUD, for
B. Wiseman
North side of PGA
Boulevard between
Gardens Square
Boulevard and
Shady Lakes Drive
0 21 14/ 2 0 0 6
03/02/2006
Ord/Resol u tion Res.
#: 4- oo
approval of an amendment to the
development order of the subject
PUD to extend the deadline for
installing all perimeter buffers
adjacent to public rights-of-way
and the PGA Boulevard/Shady
Lakes Drive traffic signal. Also
included in this amendment are
deadlines proposed by staff for the
installation of the rear landscape
buffer adjacent to the Garden
Lakes PUD and the Military
TraiI/Garden Lakes Drive traffic
signal. The Borland Center PUD is
generally located at the northeast
corner of PGA Boulevard and
Shady Lakes Drive and is
approximately 45 acres in size.
Click here to view the development
application (2 mb)
Click here to view the traffic signal
schedule
Click here to view the staff report
Click here to view the landscape
buffer petition
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council DATE: 02/22/06
FROM: Daniel P. Clark, Interim Growth Management AdministratorF
THRU: Ronald M. Ferris, City Manag
SUBJECT: Resolution 26,2006: Amendment to RCA Center PUD
cc: Applicant
wx
Patricia Snider, City Clerk
Christine P. Tatum, City Attorney
Michael J. Sanchez, Planning Manager
The above-referenced petition is scheduled to be heard at the March 2,2006, City
Council meeting. Due to issues that have recently arisen with respect to the
subject petition, staff respectfully requests that said petition be postponed to a
date certain, which will be determined prior to the March 2, 2006, City Council
meeting.
Proposed amendment to Resolution 14, 2006 I
15. The Applicant shall install the landscaping and irrigation for the PGA
Boulevard parkway, the Shady Lakes Drive, Garden Lakes PUD, and
Garden Square Boulevard prior to May 15, 2006. The applicant may, after
installation of the PGA Boulevard buffer, temporarily remove limited
seqments of such buffer landscape to install other required hardscape
elements. Such temporary removal shall require separate administrative
approval from the City. To mitiqate the effects of the proiect, the Applicant
shall install a six (6) foot high chain-link fence with a privacy tarp around
the perimeter of the subiect site no later than March 17. 2006. This fence
shall be removed upon completion of each segment of the landscape
buffers. 1
)Failure of the applicant to meet
this deadline shall result in the issuance of a stop work order for the
proiect for all construction activities not required for the installation of the
traffic signals and landscape buffers. The issuance of such a stop work
order shall be in addition to any other enforcement methods available to
the City for ensuring compliance with this condition. (City Forester)
.. .
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING RESOLUTION 92, 2004,
WHICH APPROVED THE MIDTOWN (F.K.A. THE BORLAND
CENTER) PLANNED UNIT DEVELOPMENT (PUD), LOCATED ON
THE NORTH SIDE OF PGA BOULEVARD BETWEEN GARDENS
SQUARE BOULEVARD AND SHADY LAKES DRIVE, AS
DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY
CERTAIN CONDITIONS OF APPROVAL, INCLUDING THE TIMING
FOR THE INSTALLATION OF LANDSCAPE BUFFERS AND
TRAFFIC SIGNALS; AND PROVIDING AN EFFECTIVE DATE.
wwIIEREAS, the City Council, as the governing body of the City of Palm Peach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City's Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, on August 5, 2004, the City Council approved the Midtown (f.k.a.
The Borland Center) Planned Unit Development (PUD) with the adoption of Resolution
92,2004; and
WHEREAS, on February 18, 2005, the City Council approved Resolution 10,
2005 which accepting a conservation easement as an off-site upland preserve set aside
for the Borland Center PUD, approved the Plat for the Borland Center and accepted the
deed for Shady Lakes Drive; and
WHEREAS, no appeals were taken nor challenges filed from either Resolution
92, 2004 or Resolution IO, 2005; and
WHEREAS, the City received petition MISC-05-12-000011 from Cotleur Hearing,
agent for the Borland Center for Community Enrichment, for an amendment to the
Midtown (f.k.a. The Borland Center) Planned Unit Development (PUD), which is located
on the north side of PGA Boulevard between Gardens Square Boulevard and Shady
Lakes Drive, as more particularly described herein, to allow for an amendment to the
conditions of approval relating to the timing for the installation of landscape buffers and
traffic signals; and
WHEREAS, the subject site is zoned Mixed-Use (MXD) Planned Unit
Development (PUD) Overlay with an underlying zoning of Mixed-Use (MXD) and has a
future land-use designation of Mixed-Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient, and has recommended its approval; and
*
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Date Prepared: March 1, 2006
Resolution 14, 2006
WHEREAS, the Planning, Zoning, and Appeals Board reviewed the subject
petition at a public hearing conducted on February 14, 2006, and voted 6 to 1 to
recommend approval to the City Council; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The following amendments to Resolution 92, 2004 are hereby
approved:
A. Section 3. The Master Development Plan application of Cotleur Hearing,
agent for Palm Beach Community Church / Borland Center, is hereby APPROVED
on the following described real property to permit the following development:
64,533 square feet for a cultural center and church facilities (500-seat
small theater / church facility with accessory uses and a 300-seat banquet
hall)
64,025 square feet for retail / commercial use
19,950 square feet for restaurant use
10,900 square feet for professional office use and 225 multi-family units
a Conditional Use (CU) for a 500-seat small theater / church and 300-seat
banquet facility
on an approximately 45 Wacre site located along the north side of PGA
Boulevard between Gardens Square Boulevard and Shady Lakes Drive,
including the list of uses for the PUD, attached hereto as Exhibit “A”, and subject to
the conditions of approval contained herein, which are in addition to the general
requirements otherwise provided by ordinance:
L-
2
Date Prepared: March 1, 2006
Resolution 14, 2006
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c ccc r n~ ~7 din q.c~cc nD I ccc
THE PLAT OF THE BORLAND CENTER AS RECORDED IN PLAT BOOK 104,
PAGES 110 THROUGH 117, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
B. Section 3, paragraph 15. The Applicant shall install the landscaping and
irrigation for the PGA Boulevard parkway, the Shady Lakes Drive, Garden Lakes
PUD, and Garden Square Boulevard prior to May 15, 2006. The applicant may,
after installation of the PGA Boulevard buffer, temporarily remove limited
segments of such buffer landscape to install other required hardscape elements.
Such temporary removal shall require separate administrative approval from the
City. To mitigate the effects of the project, the Applicant shall install a six (6) foot
high chain-link fence with a privacy tarp around the perimeter of the subiect site
no later than March 17, 2006. This fence shall be removed upon completion of
each segment of the landscape buffers. wtthtww (6)
PI nr nn hn i-
~~wnpMe&Failure of the
applicant to meet this deadline shall result in the issuance of a stop work order
for the project for all construction activities not required for the installation of the
traffic signals and landscape buffers. The issuance of such a stop work order
shall be in addition to any other enforcement methods available to the City for
ensuring compliance with this condition. (City Forester)
9 -1 ‘1- .. .
C. Section 3, paragraph 31. ve the
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Date Prepared: March 1, 2006
Resolution 14, 2006
The Applicant shall design and install a fully operational traffic signal at the
intersection of Shady Lakes Drive and PGA Boulevard. The Applicant shall
include all appropriate changes to lane geometry, pavement markings, signage,
and lighting as required by the permitting agencies and the City. In order to
ensure a timely installation of the signal, the Applicant shall be required to meet
each of the following deadlines:
i. March 15, 2006: On or before this date, the Applicant shall provide the City
with a completed design.
ii. 16 weeks after the City receives the completed design: On or before this
date, an order shall be placed for the fabrication, delivery and installation of
the mast arm assemblies (release of signal order) and documentation of
that order shall be received by the City. Documentation shall include a
contact with the manufacturer for verification.
iii. December 26, 2006: On or before this date, the signal shall be installed
and any intersection work completed, an inspection performed by all
permitting agencies, and a timeline provided for activation.
Failure of the applicant to meet any deadline established herein shall result in
the issuance of a stop work order for the project for all construction activities not
required for the installation of the traffic signals and landscape buffers. The
issuance of such a stop work order shall be in addition to any other enforcement
methods available to the City for ensuring compliance with this condition.
4. Section 3, paragraph 35. A~XCIIC~ Ws 2s 2
The Applicant shall design and install a fully operational traffic signal at the
intersection of Garden Lakes Drive and Military Trail. The Applicant shall include
all appropriate changes to lane geometry, pavement markings, signage, and
lighting for a four-way intersection as required by the permitting agencies and the
City. In order to ensure a timely installation of the signal, the Applicant shall be
required to meet each of the following deadlines:
i. May 1, 2006: On or before this date, the Applicant shall provide the City
with a completed design.
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ii. 16 weeks after the City receives the completed design: On or before this
date, an order shall be placed for the fabrication, delivery, and installation of
the mast arm assemblies (release of signal order) and documentation of
that order is received by the City. Documentation shall include a contact
with the manufacturer for verification.
iii. February 14, 2007: On or before this date, the signal shall be installed and
any intersection work completed, an inspection performed by all permittinq
aqencies, and a timeline provided for activation.
Failure of the applicant to meet any deadline established herein shall result in
the issuance of a stop work order for the project for all construction activities not
required for the installation of the traffic signals and landscape buffers. The
issuance of such a stop work order shall be in addition to any other enforcement
methods available to the City for ensuring compliance with this condition.
SECTION 3. This Resolution shall become effective immediately upon adoption;
provided, however, that no permits or inspections will be issued for the project site until
the fence with privacy tarp described in Condition 15 is installed.
(The remainder of this page left intentionally blank)
Date Prepared: March 1, 2006
Resolution 14, 2006
5
Date Prepared: March 1, 2006
Resolution 14, 2006
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Date Prepared: March 1, 2006
Resolution 14, 2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN -~~
COUNCILMEMBER LEVY --~
COUNCILMEMBER VALECHE --~
COUNCILMEMBER BARNETT --~
--~
\\pbgsfile\Attorney\attorney_share\RESOLUTlONS\Midtown Resol 4, 2006-final revised.doc
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From:
Sent:
To:
Subject:
Patty Snider
Thursday, March 02,2006 2:38 PM
Ray Ellis
Fw: Ladies attending the meeting tonight -
Please print 2 copies for tonight
----- Original Message-----
From: Arline - P.B.G. Travel
To: Patty Snider
CC: Arline - P.B.G. Travel
Sent: Thu Mar 02 14:29:19 2006
Subject: Ladies attending the meeting tonight -
The ladies attending the meeting tonight will be:
Rae Bonner
Magda Coogan
Muriel Faile
Lorraine Macey
Arline Kiselewski
Dee Pumphrey
Barbara Thompson
Ronnye Sands
Thanks for all your help. Look forward to seeing you tonight. Thanks for calling to let
me know the School Board will not be there ... too bad! This is one item our ladies of the
club will be watching with interested.
Arline Kiselewski, 1st Vice President
Palm Beach Gardens Woman's Club
1
OCLAMATION
tnofMai * Wome
-Is, Women
accomplishment; and
is knownor1 qh
Cornmunititjs and
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: March 1,2006
Meeting Date: March 2,2006
Resolution 34,2006
SubjectlAgenda Item:
Resolution 34, 2006: lnterlocal Agreement with North County Municipalities and
Palm Beach County
Approving an Interlocal Agreement between the City of Palm Beach Gardens, the Town of
Jupiter, the Town of Lake Park, the City of Riviera Beach, the Town of Mangonia Park and
Palm Beach County providing for the commitment to create a bioscience land protection
advisory board and provide for consideration of local comprehensive plan amendments to
establish and protect bioscience research protection overlays.
[ XI Recommendation to APPROVE
[ 3 Recommendation to DENY
I 1 Reviewed by:
Manager
Planning
Kara Irwin
Action :
[ ] Quasi-judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ ] Required
[XI Not Required
Affected Parties:
[ ] Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Otherm
Budget Acct.#:
NIA
City Council Action:
Approved
App. wl conditions
Denied
Rec. approval
Rec. app. wl conds.
Rec. Denial
Continued to:
Attachments:
Resolution 34, 2006
Interlocal Agreement
4
Date Prepared: March 1,2006
Meeting Date: March 2,2006
Resolution 34,2006
Page 2 of 3
EXECUTIVE SUMMARY
On February 14, 2006, the City of Palm Beach Gardens in partnership with the Town of
Jupiter, the Town of Lake Park, the City of Riviera Beach, and the Town of Mangonia Park
presented a plan to provide an alternate site for Scripps Florida to the Palm Beach County
Board of County Commissioners. The proposed alternative site, “Abacoa FAU/Briger site,”
is located within the municipal boundaries of both the City of Palm Beach Gardens and the
Town of Jupiter. During the competitive alternative site presentation, the City committed to
many initiatives to ensure the vision set forward by the Governor and Palm Beach County.
The purpose of the Interlocal is to provide a binding commitment from Palm Beach
Gardens to create and provide representation on a bioscience land protection advisory
board and provide for consideration of local comprehensive plan amendments to establish
and protect bioscience research protection overlays.
DISCUSSION
On February 14, 2006, the County Commission designated the Abacoa FAU / Briger site
as the alternative site for the Scripps Florida development. On February 16, 2006, staff
presented a list of outstanding issues that needed to be resolved in order to provide
assurances to the County and the State that all of the commitments made during the North
County presentation would be fulfilled in a timely and comprehensive manner.
On February 21, 2006, the City Council adopted Resolution 29, 2006 approving an
Interlocal Agreement expressing continued support for The Scripps Research Institute
(TSRI) locating within northern Palm Beach County, and particularly in the Palm Beach
GardendJupiter area, on the Abacoa FAU / Briger site, by committing up to Three Million
Dollars ($3,000,000.00) for land purchase costs for the 70-acre parcel located on the
Briger Tract.
Currently, the City is considering adoption of an Interlocal Agreement, in alliance with four
north county municipalities and Palm Beach County, to fulfill the additional commitments
required to provide assurances that the State and County investment in Scripps as a
catalyst for economic development in Palm Beach County is realized. Through the
adoption of the proposed Interlocal, the City is obligated to initiate amendments to the
Comprehensive Plan that establish a Bioscience Research Protection Overlay (“Overlay”)
and establish a Bioscience Land Protection Advisory Board, whose purpose shall be to
protect those lands which have been identified as being subject to a bioscience research
area protection overlay.
Date Prepared: March 1,2006
Meeting Date: March 2, 2006
Resolution 34, 2006
Page 3 of 3
INTERLOCAL AGREEMENT
A brief summary of the Interlocal Agreement has been provided below:
0 The creation of a Bioscience Research Protection Overlay which :
o Maps the properties subject to the Overlay; identifies permitted uses within the
Overlay; identifies prohibited uses within the Overlay; contains policies
protecting lands subject to the overlay from residential or commercial
development; and contains policies providing mechanisms to coordinate
planning between local governments and ensure intergovernmental cooperation
in the development and implementation of the Overlay.
o Provides for a super majority vote requirement to protect land identified in the
Overlay from conversions.
The creation of a Bioscience Land Protection Advisory Board whose purpose is to
protect the lands which each of the Cities has identified as being subject to a
bioscience research area protection overlay.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 34, 2006.
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Date Prepared: March 1, 2006
RESOLUTION 34,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY, THE TOWN OF JUPITER, THE TOWN OF
MANGONIA PARK, THE TOWN OF LAKE PARK, AND THE CITY OF
RlVlERA BEACH CREATING A BIOSCIENCE LAND PROTECTION
ADVISORY BOARD AND PROVIDING FOR CONSIDERATION OF
LOCAL COMPREHENSIVE PLAN AMENDMENTS TO ESTABLISH
AND PROTECT BIOSCIENCE RESEARCH PROTECTION
OVERLAYS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Inter ,xal
Cooperation Act of 1969,” authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, the Cities and County recognize that the relocation of The Scripps
Research Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D.
McArthur Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm
Beach Gardens (“Briger”) will further the vision of the Governor and the State of Florida
to create an economic development cluster to support TSRI; and
WHEREAS, the Cities and County recognize that the creation of an economic
development cluster to support TSRI will ensure a diversified economy and provide
high-wage employment within Palm Beach County, the Treasure Coast Region, and the
State; and
WHEREAS, the Palm Beach County Board of County Commissioners elected to
enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter
Campus and to Briger in reliance on the Cities’ commitment to support an economic
development cluster in support of TSRI; and
WHEREAS, to fulfill this commitment, the Cities and County have agreed to form
an Advisory Board; and
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Date Prepared: March 1, 2006
Resolution 34, 2006
WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and
consider amendments to their respective Comprehensive Plans that establish a
Bioscience Research Protection Overlay (“Overlay”), and that provide a super majority
vote requirement to protect land identified in the Overlay; and
WHEREAS, the City Council deems 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 I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby approves the Interlocal Agreement with
Palm Beach County, the Town of Jupiter, the Town of Mangonia Park, the Town of
Lake Park, and the City of Riviera Beach creating a bioscience land protection advisory
board and providing for consideration of local comprehensive plan amendments to
establish and protect bioscience research protection overlays, and hereby authorizes
the Mayor and City Clerk to execute said Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: March 1, 2006
Resolution 34, 2006
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COU N C I LM E M B E R LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
-- AYE NAY ABSENT
\\pbgsfile\Attorney\attorney_share\RESOLUTlONS\multi city interlocal agrnt -res034 2006.doc
3
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS, THE TOWN OF
JUPITER, THE TOWN OF MANGONIA PARK, THE TOWN OF LAKE
PARK, AND THE CITY OF RlVlERA BEACH CREATING A
BIOSCIENCE LAND PROTECTION ADVISORY BOARD AND
PROVIDING FOR CONSIDERATION OF LOCAL COMPREHENSIVE
PLAN AMENDMENTS TO ESTABLISH AND PROTECT BIOSCIENCE
RESEARCHPROTECTIONOVERLAYS
This Interlocal Agreement is made the day of , 2006,
between Palm Beach County, a political subdivision of the State of Florida ("County"),
and the City of Palm Beach Gardens, the City of Riviera Beach, the Town of Mangonia
Park, the Town of Lake Park, and the Town of Jupiter, Florida municipal corporations
("Cities"), collectively referred to as "the Parties", each one constituting a public agency
as defined in Part I of Chapter 163, Florida Statutes.
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use
of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as
defined therein, to enter into interlocal agreements with each other to jointly exercise
any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
1
WHEREAS, the Cities and County recognize that the relocation of The Scripps
Research Institute’s (“TSRI”) operations onto Florida Atlantic University’s John D.
McArthur Campus (“FAU Jupiter Campus”) and a portion of the Briger Parcel in Palm
Beach Gardens (“Briger”) will further the vision of the Governor and the State of Florida
to create an economic development cluster to support TSRI; and
WHEREAS, the Cities and County recognize that the creation of an economic
development cluster to support TSRI will ensure a diversified economy and provide
high-wage employment within Palm Beach County, the Treasure Coast Region, and the
State; and
WHEREAS, the Palm Beach County Board of County Commissioners elected to
enter into negotiations with TSRI for the relocation of its operations to the FAU Jupiter
Campus and to Briger in reliance on the Cities’ commitment to support an economic
development cluster in support of TSRI; and
WHEREAS, to fulfill this commitment, the Cities and County have agreed to form
an Advisory Board; and
WHEREAS, to fulfill this commitment, the Cities have each agreed to initiate and
consider amendments to their respective Comprehensive Plans that establish a
Bioscience Research Protection Overlay (“Overlay”), and that provide a super majority
vote requirement to protect land identified in the Overlay.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth, the parties hereby agree as follows:
SECTION 1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference.
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SECTION 2. Bioscience Land Protection Advisory Board.
A. A Bioscience Land Protection Advisory Board is hereby established. The
purpose of the Board shall be to protect those lands which each of the Cities has
identified as being subject to a bioscience research area protection overlay.
B. The Board shall consist of seven (7) members with the Governor of the
State of Florida; Palm Beach County; the Towns of Jupiter, Lake Park, and Mangonia
Park; and the Cities of Palm Beach Gardens and Riviera Beach each appointing one (1)
regular member and one (1) alternate member. Each appointment shall follow the
same formal procedure the appointing entity uses for board or commission
appointments.
C. A quorum of the Board shall be necessary for it to conduct any business
and shall consist of four (4) members present and voting. The majority vote of those
present and voting shall be required to pass a motion. Each regular member shall have
one vote. An alternate member shall sit on behalf of the appointing entity and have a
vote only when the regular member of such entity is absent.
D. Authority of Board.
The Board shall have the authority to:
1. Analyze and make recommendations regarding: (a) applications to
rezone land or amend the future land use map designation for land; and
(b) proposed amendments to the land development regulations that
directly affect bioscience research uses on property within the Overlay.
No such application to rezone, amend the future land use map, or amend
the land development regulations pertaining to said property shall be
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considered unless the Board shall have conducted a public meeting on the
application and rendered a recommendation to the applicable governing
body; provided, however, in the event the Board fails to render a
recommendation within sixty (60) days after the staff of the applicable
governing body in which the land proposed for approval is located
determines that such application or request is complete for purposes of
review by the Board, the affected governing body may proceed to consider
and make a determination upon the application or request without
receiving a recommendation from the Board.
2. Plan for, and address the availability of, developed and
undeveloped land for bioscientific trainingleducation, research, and related
uses and users.
3. Assist in coordinating, integrating, and streamlining administrative
and regulatory procedures at the municipal, county, regional, and state
levels for bioscience research uses.
4. Consider and/or propose policy initiatives and legislative or
regulatory efforts to encourage and sustain the development of biomedical
research uses in the Overlay.
5.
costs and expenses incurred by the Board
applications.
Set fees and charges as determined to be necessary for direct
in reviewing development
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SECTION 3. Comprehensive Plan Amendments.
The Parties recognize that it may be necessary for the Cities to amend their
respective Comprehensive Plans to achieve the goals of this Interlocal Agreement.
Each City agrees to direct its respective staff to initiate plan amendments, no later than
its next regular round of comprehensive plan amendments, as may be necessary to
establish and protect a Bioscience Research Protection Overlay within its jurisdiction.
These proposed amendments shall include, at a minimum, amendments to the Future
Land Use Element and the Intergovernmental Coordination Element which provide for:
A. The creation of a Bioscience Research Protection Overlay which:
1.
2.
3.
4. Contains policies protecting lands subject to the overlay from
residential or commercial development
5. Contains policies providing mechanisms to coordinate planning
between local governments and ensure intergovernmental cooperation in
the development and implementation of the Overlay
A requirement for a super majority vote of the governing body to approve
conversion of land uses on property within the Bioscience Research Protection Overlay.
Maps the properties subject to the Overlay.
Identifies permitted uses within the Overlay.
Identifies prohibited uses within the Overlay.
B.
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SECTION 4. Financial Obligations.
A. Each city will provide technical support necessary to allow the Board to fully
review and make recommendations regarding projects in their respective jurisdictions
and will provide other technical and logistical support to the extent determined
appropriate by each city.
B. County will provide technical support and logistical support to the Board to the
extent determined appropriate by the County.
C. If agreed to by the Parties in writing and subject to the appropriation by each
party, the Parties may agree to fund the operation of the Board, in whole or in part,
through annual appropriations, in amounts determined by the Board and agreed to by
each Party.
SECTION 5. General Terms and Conditions.
A. This Agreement shall continue through March 14, 2016, but may be
extended by written agreement of the parties.
B. Any party may withdraw from this Agreement upon 365 days’ written
notice to the other parties, thereby relieving the withdrawing party of all obligations and
benefits arising out of this Agreement.
C. This Agreement shall be construed by and governed by the laws of the ,
State of Florida. Venue shall be in circuit court for Palm Beach County, and each party
shall bear its own fees and costs.
D. The captions and section designations set forth herein are for
convenience only and shall have no substantive meaning.
6
E. In the event that any section, paragraph, sentence, clause, or provision of
this Agreement is held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining portions of this Agreement and the same shall remain in full force
and effect.
F. This Agreement represents the entire understanding between the parties,
and supersedes all other negotiations, representations, or agreement, written or oral,
relating to this Agreement.
G. This Agreement may be modified and amended only by written instrument
executed by the parties hereto.
H. None of the parties shall be considered the author of this Agreement since
the parties have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be
strictly construed against one party as opposed to another party based upon who
drafted it.
I. A copy of this Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County pursuant to Section 163.01(1 I), Florida Statutes.
J.
K.
This document can be signed in counterparts.
All notices given under this Agreement shall be deemed sufficient to each
party when delivered by United States Mail, personal delivery or a nationally-recognized
overnight delivery service to the following:
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If to County:
Scripps Program Manager
Palm Beach County
301 North Olive Avenue, 1 lth Floor
West Palm Beach, Florida 33401
With a copy to:
Chief Assistant County Attorney
Palm Beach County Attorney’s Office
301 North Olive Avenue, Suite 601
West Palm Beach, Florida 33401
If to Palm Beach Gardens:
City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
With a copy to:
City Attorney
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
If to Jupiter:
Town Manager
Town of Jupiter
21 0 Military Trail
Jupiter, Florida 33458
With a copy to:
Town Attorney
Town of Jupiter
21 0 Military Trail
Jupiter, Florida 33458
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If to Lake Park:
Town Manager
Town of Lake Park
535 Park Avenue
Lake Park, Florida 33403
With a copy to:
Town Attorney
Town of Lake Park
535 Park Avenue
Lake Park, Florida 33403
If to Mangonia Park:
Town Manager
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
With a copy to:
Town Attorney
Town of Mangonia Park
1755 E. Tiffany Drive
Mangonia Park, FI 33407
If to Riviera Beach:
City Manager
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
With a copy to:
. City Attorney
City of Riviera Beach
600 West Blue Heron Blvd.
Riviera Beach, Florida 33404
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Any party may change the address to which notices shall be given to such party
upon three (3) days’ prior written notice to the other parties. The effective date of any
notice given hereunder shall be the date of delivery if by personal delivery or the date of
receipt if given by United States or overnight mail.
(The remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the
day and year first above written.
ATTEST:
Sharon R. Bock, Clerk &
Co m p t ro I I e r
By:
Deputy Clerk
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Tony Masilotti, Chairman
APPROVED AS TO TERMS AND
CONDITIONS
By:
Scripps Program Manager
CITY OF PALM BEACH GARDENS,
FLORIDA
By:
Joseph R. Russo, Mayor
By:
Christine P. Tatum, City Attorney
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ATTEST: TOWN OF JUPITER, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
By:
Town Attorney
ATTEST: TOWN OF LAKE PARK, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
By:
Town Attorney
ATTEST: TOWN OF MANGONIA PARK, FLORIDA
By: By:
Town Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
By:
Town Attorney
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ATTEST: CITY OF RlVlERA BEACH, FLORIDA
By: By:
City Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
By:
City Attorney
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