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HomeMy WebLinkAboutAgenda Council Agenda 051806 City of Palm Beach Gardens Council Agenda May 18, 2006 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Council Member Jablin Vice Mayor Barnett Council Member Levy Council Member Valeche CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 18, 2006 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: VI. CITY MANAGER REPORT: a. Update on Bio 2006 VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 5) Approve Minutes from the April 20, 2006 Regular City Council meeting. b. (Staff Report on Page 12, Resolution on Page 14) Resolution 50, 2006 - Financial Assistance Agreement with Palm Beach County for median beautification. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Financial Assistance Agreement with Palm Beach County for median beautification on Northlake Boulevard and Military Trail as part of the Only Trees, Irrigation, and Sod Program; and providing an effective date. c. (Staff Report on Page 34, Resolution on Page 36) Resolution 52, 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 provide swim lessons as part of the Drowning Prevention Coalition’s Learn to Swim Program; and providing an effective date. d. (Page 51) Proclamation - Declaring the week of May 21-27, 2006 as National Public Works Week. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 52, Resolution on Page 185) Resolution 44, 2006 – Approving the site plan for Gardens Pointe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan for 214 residential condominium high-rise units within two twelve-story towers and 26 townhouse units on a 6.64-acre site located at the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for conditions of approval; providing for waivers; amending the MacArthur Center signage program (Resolution 64, 1998); and providing an effective date. Part II – Non-Quasi-judicial a. (Staff Report on Page 196, Ordinance on Page 198) Ordinance 14, 2006 – (2nd reading and adoption) Amending the City of Palm Beach Gardens’ budget for fiscal year 2005/2006. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the fiscal year beginning October 1, 2005, and ending September 30, 2006, inclusive; and providing an effective date. X. RESOLUTIONS: 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 April 20, 2006 The April 20, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:03 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and opened with the Pledge of Allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin, Councilmember Levy, and Councilmember Valeche. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Russo announced under Announcements / Presentations – addition of the City of Palm Beach Gardens notice of intent to object to Palm Beach County Comprehensive Plan amendment round 06-1 coastal residential exception area modification; and deletion: Due to family emergency the recognition of Sid Forbes, Gardens Mall, will be postponed to the May 4, 2006 meeting. Modification: Currently under City Manager Report, the item on update of Callery-Judge Grove Comprehensive Plan Amendment to be moved to Announcements / Presentations as a new item C. Councilmember Jablin moved approval of the additions, deletions, and modifications as stated by the Mayor. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ANNOUNCEMENTS / PRESENTATIONS: Statement of Support for the National Guard and Reserve – Councilmember Valeche commented there were very extraordinary current circumstances and he wanted to make sure people understood these were residents well into their lives who were under great stress, that were being asked to make extreme sacrifices, and were doing it. Recognition of the Frenchman’s Creek Charities Foundation – Mayor Russo read aloud donations made by the Frenchman’s Creek Charities Foundation in the past and the list of items they planned to provide to the City during the current year. Mayor Russo reported they also did things for surrounding Cities, expressed the City’s appreciation, and presented their representatives with a key to the City of Palm Beach Gardens. Councilmember Jablin read into the record a letter he had written to Frenchman’s Creek expressing his thanks. Callery-Judge Grove Comprehensive Plan Amendment – A staff report was provided on the five proposed amendments by Callery-Judge Grove, to which staff objected. Palm Beach County Comprehensive Plan amendment round 06-1 coastal residential exception area modification - Kara Irwin explained the proposed amendment and the City’s objections that criteria had not been established, therefore, it was not known how the City would be affected; and that the amendment did not look at redevelopment. Mayor Russo reported he had asked Commissioner Marcus to attend tonight, and expressed concern that because there had not been communication, the only choice the City had was to object, when they were actually in favor of workforce housing. Commissioner Marcus reported that discussion had occurred at the quarterly intergovernmental meetings, explained how the amendment came about, and indicated there would be time to work out the details. Vice Mayor Barnett suggested a contact person be appointed to assure communication in the future. Discussion ensued. Vice Mayor Barnett requested a contact person also be appointed from Commissioner Marcus’ office. The City Manager was requested to appoint a staff point person to communicate with the county. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 2 Commissioner Marcus asked to allow staff to work with county engineering on the Frenchman’s Yacht Club mast arm signal matter. The developer’s attorney explained the issue. Discussion ensued. Mayor Russo asked that this matter be brought back to the next City Council meeting. Commissioner Marcus asked to be notified when this was on the agenda so that she or her representative could attend. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: Vice Mayor Barnett thanked everyone who participated in the egg hunt. Councilmember Levy reported he and other members of the Council attended the Teacher of the Year award by the Chamber of Commerce and local merchants. Councilmember Levy reported he and Councilmember Valeche had attended the Palm Beach Community College groundbreaking of their new science building. Councilmember Levy indicated his neighborhood was starting a crime watch program and thanked the police for helping to set up this program. Councilmember Valeche congratulated staff on the most successful year yet for the Green Market. Mayor Russo also thanked staff and requested the Green Market not end on Easter Sunday or another holiday. Councilmember Jablin also thanked staff for the Green Market, and for their work at Bio 2006 in Chicago, which he also attended. Councilmember Jablin expressed concern the City had not heard from the School Board regarding Palm Beach Gardens High School building architecture. Commissioner Marcus indicated she would bring the City up-to-date with e-mails she has had with the School Board. Mayor Russo reported all of the Council attended the CAN meeting except for Councilmember Jablin who was in Chicago, and his letter had been read. Mayor Russo reported he had attended the Palm Beach Gardens High School / Dwyer High School game held at Roger Dean Stadium, and he had thrown the first pitch. Mayor Russo reported he had met with Jack Downey and the Director of the Honda Classic. The Mayor indicated he and Councilmember Levy had attended the first Biotech Overlay Committee meeting, which would meet the third Thursday of each month, and the next meeting would be May 18 at Palm Beach Gardens. COMMENTS FROM THE PUBLIC: Vito DeFrancesco, Shady Lakes, reported that at the last meeting he brought to Council’s attention that he feels that Shady Lakes has been cheated in concession to Borland, and Mayor Russo had asked staff to have a report ready for tonight’s meeting. Mr. DeFrancesco advised he had asked for a copy of that report which he had not received. Mr. DeFrancesco commented that a big sign had been erected stating their intersection would be shut down and they had not asked for it, and asked why the same thing was not done at the intersections for Gardens of Woodberry and Woodland Lakes. He expressed his opinion they were being discriminated against and that the City was vindictive towards them. Mayor Russo indicated he was very upset because all the City was trying to do was to try to make the intersection safer, and that had been discussed at a public meeting. Richard Orman expressed kudos to Frenchman’s Creek, indicated there were other unsafe intersections including the one at Garden Lakes and Military Trail, and the City should address all the dangerous intersections. Mayor Russo asked if Council would like staff to look at this intersection again, if this was not what they wanted. Dan Clark reported an alternative suggested by Steve Barnes would not be allowed by DOT, and the light would be activated in six months. Consensus was to look at this situation again. Carol Estrada, Riverside Drive, thanked Commissioner Marcus for her work for the City, suggested the Green Market go to the end of May, and asked how residents could express concerns before the proposed affordable housing 12-story towers at Loehmann’s Plaza were CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 3 developed. Ms. Estrada asked to put the brakes on tall buildings, and also asked how the people who went to meetings out of town were chosen. Mayor Russo commented the matter of how people were chosen to attend meetings should be discussed at a meeting, and advised the Council knew nothing about 12-story buildings and there would be meetings before anything happened. Paula Magnuson, Sandalwood, commented her roof had been rejected since September 2005. Ms. Magnuson wanted certificates of completion on the roof, a/c skirts, a/c units, electrical final of a/c units relocated to the ground, and other items, and indicated the work had all been done under a blanket permit, and submitted a public record request. Dennis Berg, Sandalwood, reported he lived in a building that was taking on water and the skirt was a safety issue, and asked for the same items as Ms. Magnuson, stated the skirts could not pass a safety inspection, and asked for help, indicating the skirts would not withstand a storm. David Millard, Sandalwood, reported he was in construction work and something had to be done about the skirts. He had gone to the City and found a blanket permit, with no structural engineering, and would like this resolved. Suzanne Archer, Gardens East, reported her roof did not need repairs but was replaced, and roofs were leaking where they were not before, and she had asked for copies of documents that could not be found and no one would provide answers. The City Manager and Todd Engle, Construction Services Director, reported how the permit process had been expedited for the hurricane repairs and Mr. Engle commented he was still looking for documents requested by Ms. Archer. Mayor Russo suggested the City request a meeting with the HOA and the building contractor. City Manager Ferris indicated the City would do what they could but expressed concern about getting in between individuals who might be involved in lawsuits. The City Manager announced that Mr. Engle and his staff would get as much secured as they could. CONSENT AGENDA: Councilmember Jablin made a motion to approve the consent agenda with the change read into the record by Councilmember Valeche: in the fourth recital of the item regarding the holocaust to change rededicated to rededicate. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following items were approved on consent agenda: a. Resolution 43, 2006 - Work Authorization and Notice to Proceed to Construction Technology, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a work authorization and notice to proceed to Construction Technology, Inc. for the Golf Course Cart Bridge Reconstruction project; and providing an effective date. b. Resolution 45, 2006 - Award a term agreement to Martin Fence Company. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a contract with Martin Fence Company to provide and install fencing component systems specified in invitation to bid #2006-002; authorizing the Mayor and the City Clerk to execute the contract; and providing an effective date. c. Proclamation - Declaring the week of April 24-28, 2006 as Victims’ Rights Week. d. Proclamation - Declaring the week of April 23-30, 2006 as Days of Remembrance In memory of the victims of the Holocaust. e. Proclamation – Municipal Clerks Week April 30 – May 6, 2006. PUBLIC HEARINGS: CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 4 Part I – Quasi-judicial - Mayor Russo announced the procedures to be followed in tonight’s quasi-judicial hearings. The City Clerk swore in all those intending to offer testimony in tonight’s hearings. Resolution 6, 2006 – Approving the Art in Public Places for the Midtown Planned Unit Development (PUD). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places for the Midtown/Borland Center Planned Unit Development (PUD), which is located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as more particularly described herein; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 6, 2006 by title only. Councilmember Valeche, Councilmember Levy, and Councilmember Jablin all reported ex-parte communication that they had each spoken with Lucy Keshavarz. Vice Mayor Barnett and Mayor Russo reported speaking with Dr. Ray Underwood. Mayor Russo also reported he had spoken with Lucy Keshavarz. Ms. Keshavarz provided a presentation on behalf of the applicant. Mayor Russo declared the public hearing open. Steve Barnes expressed his opinion that art should not be on a very busy highway. Vito DeFrancesco also expressed his opinion against the proposed location. Lee Bickford, member of the Art Advisory board, noted the speed limit there was 45 mph, and the butterflies were on that road; the artist was excellent, and commented the committee did not know about changes made to the art. Councilmember Jablin noted he had attended their meeting, and they should have been told of the changes, and now that he was liaison he would let them know in the future. Janet Lange, PGA National, expressed total support for the artwork as presented. Gary Kendall, Gardens of Woodberry, expressed favor for the art. William Terence Ganaway expressed his support for the art. Nick Van Nice was in favor of the artwork. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin made a motion to approve Resolution 6, 2006. Councilmember Levy seconded the motion, but asked that the art be installed after the light was installed. Councilmember Jablin clarified the light was scheduled for December and the art for February. Mayor Russo clarified that approval of Resolution 6, 2006 was not dependent on the schedule. Motion carried by unanimous 5-0 vote. Ordinance 13, 2006 – (2nd reading and adoption) - Trinity United Methodist Church. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Ordinance 2, 1992, as amended by Resolution 6, 1993, Resolution 143, 1994, and Ordinance 15, 1998, relating to the Trinity United Methodist Church master site plan; transferring the master site plan and related conditions to Resolution 35, 2006; and providing an effective date. The City Clerk read Ordinance 13, 2006 by title only on second reading. Mayor Russo declared the public hearing open. Councilmember Levy reported speaking to Dr. Eissey, Bob Fink, Chair of BallenIsles Community and Public Relations Committee, reported meeting with their people and that they were working with the applicant and the only remaining issue was the left turn in, and nobody had a better solution. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved adoption of Ordinance 13, 2006 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. [Resolution 35, 2006 is a companion item to Ordinance 10, 2006 and will require Council action at second reading.] Resolution 35, 2006 - Trinity United Methodist Church. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending the conditional use approval of the Trinity United Methodist Church master plan to allow CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 5 construction of a two-story Elementary School for grades K-5 with a one-story gymnasium for a maximum of 240 students; approving the phase 7 site plan on the South Parcel; providing conditions of approval; and providing an effective date. The City Clerk read Resolution 35, 2006 by title only. Councilmember Jablin moved approval of Resolution 35, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Resolution 44, 2006 – Approving the site plan for Gardens Pointe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan for 214 residential condominium high-rise units within two twelve-story towers and 26 townhouse units on a 6.64-acre site located at the Northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for conditions of approval; providing for waivers; amending the MacArthur Center signage program (Resolution 64, 1998); and providing an effective date. The City Clerk read Resolution 44, 2006 by title only. Mayor Russo declared the public hearing open and called for ex-parte communication. Vice Mayor Barnett reported she met with John Gary, John Sapo and Dodi Glas, and her discussion was not about waivers since she had been told there were none. Councilmember Levy reported he spoke with John Gary, Dodi Glas, John Sapo twice, and the discussion was regarding waivers. Councilmember Valeche reported he met with Mr. Gary, Ms. Glas, and Mr. Sapo and also Rod Jacoby and Jim Jacoby. Councilmember Jablin reported conversations with Mr. Gary and Mr. Sapo. Mayor Russo reported he had a conversation with Mr. Gary, and Mr. Orman, and met with staff to go over the project. Councilmember Jablin also reported receipt of a couple of e-mails that were forwarded to him from Mr. Orman and Donna Brosemer. Councilmember Jablin also reported he got a call from someone from the Landmark. A letter from Menin had been received by the council tonight. The City Clerk swore in John Gary, who submitted into the record Resolution 105, 2004, the entire staff report, and any of their materials to be submitted tonight that were not already in the staff report. Dodi Glas spoke on behalf of the petitioner. Mr. Sapo indicated the applicant would commit to a mast arm signal. John Gary provided a history of the project. Joan Elias, Diamond Head Way, stated she was speaking as an individual and thanked Ms. Glas for her explanation of waivers, and requested that the council vote in favor of this project. Mayor Russo read from a Palm Beach Post article that was submitted by Pat Hughey, 9210 Reed Drive. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilmember Jablin moved approval of Resolution 44, 2006. Councilmember Levy seconded the motion for discussion, and commented he would consider it only because it was next to the Landmark and he would have liked to have seen a perspective next to the Landmark. Councilmember Valeche indicated he could not support the project. Vice Mayor Barnett indicated she could not support the height. Mayor Russo reported he had been against the Landmark project because of setting precedent and was concerned whether approving this project would set another precedent, and if it were not approved if that take away someone’s legal rights. Councilmember Levy commented this project could soften the Landmark’s appearance, and he would like to see renderings before voting on this. Councilmember Jablin expressed his opinion this was the downtown and this was good planning and a good opportunity to make the area more viable. Discussion ensued. Councilmember Levy withdrew his second. Motion died for lack of a second. Councilmember Levy wanted to see a rendering to see if it was going to soften the Landmark, and he would like to see some type of affordable housing element incorporated, possibly 5% to 10%, and this was the only CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 6 property in the City he would consider this on. Mayor Russo re-opened the public hearing. John Gary pointed out the uses were vested so there would not be additional traffic other than that already permitted in the DRI; and expressed his position that Resolution 105, 2004 established a height of 140 feet. Mayor Russo stated he did not believe that was what was approved. Mr. Gary expressed his opinion that Cotleur had developed this project based on that and he believed that should be taken into consideration, and notices had been sent to everyone in Plat 4 and there were no residents here objecting. Mayor Russo indicated two members of the Council wanted a workshop to hear what the residents had to say. Mayor Russo closed the public hearing; then re-opened it. The City Attorney indicated the discussion could continue with the public hearing continued. John Sabo with Cotleur advised they were within the 140’ height to which they had committed, and there had been a number of opportunities for the public to review the plan and make comments. Mayor Russo closed the public hearing again. Councilmember Levy indicated he wanted to see a rendering with all the other buildings to see what it would look like. Mayor Russo re-opened the public hearing. Councilmember Jablin made a motion to keep the public hearing open and postpone it to an indefinite date and that date would be advertised at an appropriate time when the applicant was ready to bring it back with the renderings requested by Councilmember Levy. There was no second. Mayor Russo commented the applicant put on the record tonight about the 140’ height with which he did not agree, and he was interested in the Council and the applicant each getting with their attorneys to be sure the project was handled legally and did not take away anyone’s legal rights. Councilmember Jablin made a motion to continue the public hearing to the meeting of May 18, 2006. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. RESOLUTIONS: Resolution 47, 2006 – Second Amendment to the Interlocal Agreement establishing the Municipal Public Safety Communications Consortium. A Resolution of the City Council of the City of Palm Beach Gardens, Florida pledging funds to the Municipal Public Safety Communications Consortium for the M/A-Com radio project in the amount of $676,200.00; authorizing the expenditure of funds necessary to construct local site improvements for the project; authorizing the execution and delivery of the Second Amendment to the Interlocal Agreement to establish Municipal Public Safety Communications Consortium of Palm Beach County; and providing an effective date. Councilmember Jablin made a motion to approve Resolution 47, 2006. Vice Mayor Barnett seconded the motion, which carried by unanimous 5-0 vote. CITY ATTORNEY REPORT: City Attorney Tatum advised that she and the Interim Growth Management Director had prepared a memo for Council regarding the legality of the Borland Center hearing, and they had concluded that the hearing was in compliance with the City code and all applicable law. A copy would be given to Mr. DeFrancesco, who had made a public records request. City Attorney Tatum reported the City had been successful in defending two cases, one was Jason Branch and the other was a trial where a former police officer was suing the City. A letter was read from the attorney who had handled the trial, who commended Major Artola for his demeanor and help during the trial. Councilmember Jablin recalled how hard the department had worked for their initial accreditation. CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/20/06 7 ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:52 p.m. APPROVAL: ____________________________________ MAYOR RUSSO ____________________________________ VICE MAYOR BARNETT ____________________________________ COUNCILMEMBER JABLIN ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 27, 2006 Meeting Date: May 18, 2006 Resolution: 50, 2006 SubjecUAgenda Item: Resolution 50, 2006 - Approve an Amendment to the Financial Assistance Agreement with Palm Beach County for beautification of medians on Northlake Boulevard from Military Trail west to Green Meadows Way and Military Trail at Lillian Avenue as part of the "Only Trees, Irrigation, and Sod" Program Master Plan. [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: Finance Administrator Administrator q Department Administrator I-% City/Mar$ger Originating Dept.: Angela Wong Operations Manager Community Services Department Advertised: N/A Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required eosts: $1 13,556.00 (Total) $1 13,556.00 Current FY Funding Source: [ ] Operating [ X ] Other Capital Project Budge Acct.#: 001 -2080-51 9.6900 PU b-0067 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 50, 2006 [ ]None Date Prepared: April 27, 2006 Meeting Date: May 18, 2006 Resolution: 50, 2006 BACKGROUND: In June 2004, the City was awarded a 100% grant through the County’s OTIS -. (Only Trees, Irrigation, and Sod) Program in an amount not to exceed $95,000 for medians located on Northlake Boulevard from Military Trail west to Green Meadows Way, and one median on Military Trail just south of the city limit in a County pocket. Since then, the City experienced several delays including storm events and the release of a bid for annual landscaping contractors. The OTIS agreement expired on June 30, 2005. In addition, project costs have increased to $1 13,556. City Council approved the Amendment to the Financial Assistance Agreement on February 16, 2006, under Resolution 22,2006, which extended the project installation date to June 30,2006, and increased the reimbursement cost to the City to $1 13,556.00. This project is currently being installed simultaneously with the Keep Palm Beach County Beautiful median projects taking place along Military Trail and Northlake Boulevard. However, the County has requested that the extension date be amended to December 31, 2006 to allow for possible construction delays. Therefore, a revised Amendment is proposed to reflect the project cost increase and extended completion date. STAFF RECOMMENDATION: Approve Resolution 50,2006 as presented. Date Prepared: May 1,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 50,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE FINANCIAL ASSISTANCE AGREEMENT WITH PALM BEACH COUNTY FOR MEDIAN BEAUTIFICATION ON NORTHLAKE BOULEVARD AND MILITARY TRAIL AS PART OF THE ONLY TREES, IRRIGATION, AND SOD PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 3, 2004, the City approved Resolution 1 IO, 2004 authorizing the execution of a Financial Assistance Agreement with Palm Beach County for a grant through the Only Trees, Irrigation, and Sod program, which is attached hereto and incorporated herein as Exhibit “A; and WHEREAS, this project includes installation of landscaping and irrigation within certain medians located on Northlake Boulevard and Military Trail by June 30,2005, for an amount not to exceed $95,000.00; and WHEREAS, due to unexpected delays and increases in project costs, the City has requested an amendment to extend the completion date to June 30, 2006, and increase the reimbursement amount to $1 13,556.00; and WHEREAS, City Council approved Resolution 22, 2006 on February 16, 2006, authorizing execution of the Amendment to the Agreement; however, the County is requesting a revision to the Amendment extending the project completion date further to December 31 , 2006; and WHEREAS, such Amendment has been prepared and is attached hereto as Exhibit “B”; and WHEREAS, the City Council of the City of Palm Beach Gardens 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 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Amendment to the Financial Assistance Agreement between the City of Palm Beach Gardens and Palm Beach County, and hereby authorizes the Mayor and City Clerk to execute the Amendment. Date Prepared: May 1,2006 Resolution 50, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. This Resolution shall become effective immediately upon adoption. 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 BARNETT --- COUNCILMEMBER JABLIN --- COUNCl LMEMBE R LEVY --- COUNCILMEMBER VALECHE --- d \\Pbgsfile\Attorney\attorney-share\RESOLUTIONS\First Amendment OTIS REVISED- reso 50 2006.doc 2 Date Prepared: April 27, 2006 Meeting Date: May 18, 2006 Resolution: 50, 2006 EXHIBIT A Palm Beach County Financial Assistance Agreement I I ~ . ..j -1 * *. .. % .‘ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 28 29 30 R2004 1688 1; I CITY OF PALM BEACH OARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION THIS INTER-LOCAL AGREEMENT is made and entered into this day of ,2004, by and between the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, hereinafter “CITY ”, and PALM BEACH 1 2o01 COUNTY, a political subdivision of the State of Florida, hereinafter “COUNTY”. WIT N E S S ETH: WHEREAS, the CITY wishes to install landscaping and irrigation in the medians of COUNTY’s Northlake Boulevard from .6 mile west of Military Trail to Military Trail, and unirrigated xeric landscaping in one grassy median of the State’s Military Trail from Lillian Avenue north to approximately 300 feet south of Northlake Re1 ieve r (he rein after “IMPROVEMENTS ”) as el em en ts of large r-a rea beau ti fica t i o n efforts by CITY; and WHEREAS, COUNTY shows the foregoing roadway segments on its funded OTIS (Only Trees, Irrigation, and Sod) Program Master Plan for implementation and maintenance by COUNTY at a future time; and ‘I WHEREAS, it would be mutually beneficial and more efficient for COUNTY to contribute funding planned for COUNTY’s OTIS projects to CITY for their inclusion of the OTIS project areas (as IMPROVEMENTS) into CITY’S larger-area beautification efforts; and WHEREAS, the COUNTY believes that these efforts by CITY serve a public purpose in the enhancement of the appearance of these rights of way and wishes to support CITY’S efforts to install the IMPROVEMENTS by providing reimbursement funding for a portion of the cost of the IMPROVEMENTS from COUNTY’s OTIS Program budget, in a total amount not to exceed NINETY-FIVE THOUSAND AND 001100 DOLLARS ($95,000.00), with a maximum reimbursement of NINETY THOUSAND DOLLARS AND 001100 DOLLARS ($90,000) for IMPROVEMENTS on Northlake Boulevard, and a maximum reimbursement of FIVE THOUSAND DOLLARS AND 00/100 DOLLARS ($5,000.00) for IMPROVEMENTS on Military Trail; and -1- I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I ! ~ CITY OF PALM BEACH OARDENS NORTHWCE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION WHEREAS, the above maximum funding amount is the estimated amount that COUNTYwould have spent to install OTIS on Northlake Boulevard, plus a reasonable allowance for the CITY-proposed unirrigated xeric landscaping on Military Trail; and WHEREAS, after installation, CITY will be responsible for the perpetual maintenance of the IMPROVEMENTS; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. 2. The above recitals are true, correct and are incorporated herein. The COUNTY agrees to provide to CITY reimbursement funding for documented costs from COUNTY’S OTIS Program budget, in a total amount not to exceed NINETY-FIVE THOUSAND AND 00/100 DOLLARS ($95,000.00) for CITY’S IMPROVEMENTS, with a maximum reimbursement of NINETY THOUSAND DOLLARS AND 001100 DOLLARS ($90,000) for IMPROVEMENTS on Northlake Boulevard, and a maximum reimbursement of FIVE THOUSAND DOLLARS AND 00/100 DOLLARS ($5,000.00) for IMPROVEMENTS on Military Trail. 3. The COUNTY agrees to reimburse CITY the amount established in paragraph 2 for costs (materials and labor) associated with installation of the IMPROVEMENTS, upon CITY ’s submission of acceptable documentation needed to substantiate their costs for the IMPROVEMENTS. The COUNTY will use its best efforts to provide said funds to CITY on a reimbursement basis within forty-five (45) days of receipt of all information required in Paragraph 6, below. 4. The COUNTY’S obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration for the installation of the IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable governmental laws and regulations and will comply with all applicable governmental landscaping codes and permitting requirements in the selection and installation of the IMPROVEMENTS. CITY agrees to install the IMPROVEMENTS substantially in accordance with the -2- .,I 't \ * -$. 8. IO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I . .- CITY OF PAM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION plans, specifications and costs as approved in the permitting process by the COUNTY andlor State, as appropriate. Otherwise, the COUNTY will have the final determination of the eligibility for reimbursement of any changes. Substantial variations from the submitted plans shall require prior written approval from the County Engineer's Office. The final permit drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY'S Streetscape Standards Manual. 6. CITY will obtain or provide all labor and materials necessary for the installation of the IMPROVEMENTS. The COUNTY shall have the final determination of eligibilityfor reimbursement. CITY shall furnish the Manager, Streetscape Section, of the COUNTY'S Department of Engineering and Public Works with a request for payment supported by the following: a. A statement from a Florida Registered Landscape Architect that the IMPROVEMENTS have been inspected and were installed substantially in accordance with the permitted plans for the IMPROVEMENTS, and; b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit "A" (pages 1 and 2) which are required for each and every reimbursement requested by CITY, Said information shall list each invoice payable by CITY and shall include the vendor invoice number, invoice date, and the amount payable by CITY . CITY shall attach a copy of each vendor invoice paid by CITY along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, the Program Administrator and the Program Financial Officer for CITY shall also certify that each vendor invoice listed on the Contractual Services Purchases Schedule Form was paid by CITY as indicated. -3- ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i ~ 'I I CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 7. CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the IMPROVEMENTS for at least three (3) years after the completion of such IMPROVEMENTS. COUNTY shall have access to all books, records and documents as required in this Section for the purpose of inspection or audit during normal business hours. 8. CITY agrees to be responsible for the perpetual maintenance of the IMPROVEMENTS following the installation and shall be solely responsible for obtaining and complying with all necessary permits, approvals, and authorizations from any federal, state, regional, or COUNTY agency which are required for the subsequent maintenance of the IMPROVEMENTS. 9. All installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than June 30,2005, and the COUNTY shall have no obligation to CITY or any other entity or person for any cost incurred thereafter unless the time for completion is extended by modification of this Agreement as provided herein. 10. In the event a claim or lawsuit is brought against COUNTY, its officers, employees, servants, or agents relating to the IMPROVEMENTS with regard to responsibilities of the CITY, CITY agrees without waiver of the limitation as provided for in Section 768.28, Florida Statutes, and to the extent permitted by law to indemnify and hold harmless COUNTY, its officers, employees, servants, or agents from and against any claims, resulting or emanating out of the terms and conditions contained in this Agreement relating to any part of the IMPROVEMENTS that is the responsibility of CITY. 11. CITY shall, at all times during the term of this Agreement (the , installation and existence of the IMPROVEMENTS), maintain in force its status as an insured municipal corporation. -4- . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I CITY OF PALM BEACH QAFlDENS NORTHLAKE BOULEVARD AND MILITARY TIUIL - BEAUTIFICATION 12. As provided in F.S. 287.1 32-1 33, by entering into this Agreement or performing anywork in furtherance hereof, ClTYcertifies that its affiliates, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 13. CITY shall require each contractor engaged by CITY for work associated with this Agreement to maintain: a. Workers' Compensation coverage in accordance with Florida Statutes, and; b. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION AND 001100 DOLLARS ($1,000,000.00). The COUNTY shall be included in the coverage as an additional insured. c. A payment and performance bond for the total amount of the improvements in accordance with Florida Statute 255.05. In the event of termination, CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the contract by CITY; and the COUNTY may withhold any payment to CITY for the purpose of set-off until such time as the exact amount of damages due the COUNTY is determined. In the event CITY elects to discontinue its maintenance obligation for the IMPROVEMENTS under this Agreement, it shall be the obligation of CITY to restore, if necessary, the area of the IMPROVEMENTS on the COUNTY'S rights-of- way to a condition acceptable to the County Engineer, which shall be in accordance I with Federal, State and COUNTY standards for road construction andlor maintenance. In the event CITY fails to restore the area of the IMPROVEMENTS to a condition acceptable to the County Engineer, the COUNTY may undertake such restoration and CITY shall be liable for the costs of such restoration. 14. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 i! CITY OB PALM BEACH OARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 15. CITY 's termination of this AGREEMENT shall result in all obligations of the COUNTY for funding contemplated herein to be canceled. 16. The COUNTY and CITY agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of the Agreement. 17. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 18. All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: AS TO THE COUNTY Manager, Streetscape Section Palm Beach County Department of Engineering and Public Works Post Office Box 21229 West Palm Beach, Florida 33416-1229 AS TO CITY City Manager City OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, Florida 33410 19. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF PALM BEACH OARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 20. Any costs or expenses (including reasonable attorney’s fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 21. Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 22. Each party agrees to abide by all laws, orders, rules and regulations and CITY will comply with all applicable governmental landscaping codes in the maintenance and replacement of the IMPROVEMENTS. 23. The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver, by any of the parties, of the liability limits established in Section 768.28, Florida Statutes. 24. CITY shall promptly notify the COUNTY of any lawsuit-related complaint, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of their rights. 26. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 27. This Agreement represents the entire understanding among the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. -7- II --- - -1 ... *, ’. , .‘a I CITY OF PALM BEACH OARDENS NORTHLAKE BOULEVARD AND NILITARY TRkIL - BEAUTIFICATION 1 28. A copy of this Agreement shall be filed with the Clerk of the Circuit 2 Court in and for Palm Beach County, Florida. 3 29. This Agreement shall take affect upon execution and the effective date 4 shall be the date of execution. 5 INTENTIONALLY LEFT BLANK -8- I ! *. " I ' *, ;. I I, CITY OF PALM BEACH QARDKNS NORTHWE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective 2 on the date first above written. 3 CITY OF PALM BEACH GARDENS 4 (CITY SEAL) 5 6 ATTEST: 7 8 CITY OF PALM BEACH GARDENS, BY ITS CITY COUNCIL B 9 10 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 12 CITY ATTORNEY 13 14 15 PALM BEACH COUNTY 23 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 26 APPROVED AS TO TERMS AND CONDITIONS 27 28 BY: 29 30 F:\YEDIAN\ASH\2003AGMTS\PBGMT&NLAKEO31204.WPD -9- ii Exhibit A e. PALM BEACH COUNTY ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST "I ' *, :* IO (Project) Grantee Request Date Billing # Billing Period PROJECT PAYMENT SUMMARY Item Consulting Services Contractual Services Project Costs Cumulative Total This Billing Project Costs Project Costs Materials, Supplies, Lett Purchases Grantee Stock Equipment, Furniture --I_------ ___ --__ -___---- _-__-_I-__--- __--_____ TOTAL PROJECT COSTS Certification: I hereby certify that the above were incurred for the work identified as being accomplished in the attached progress reports. AdministratorDate Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Financial OfficerDate PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage (-YO) County funds previously disbursed County funds due this billing Reviewed and Approved by: PBC Project AdministratorDate Assistant County Engineer or Fiscal ManagerDate Page 1 of 2 ") , '.. ' I. .'* .' . a c d M U a .I d CI .I a i z hl k 0 Date Prepared: April 27, 2006 Meeting Date: May 18, 2006 Resolution: 50, 2006 EXHIBIT B Revised Addendum April 20, 2006 Department of Engineering and Public Works P.O. Box 21 229 West Palm Beach, FL 33416-1220 (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. Newel1 Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" Angela Wong City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Amendment to Financial Assistance Agreement for the City of Palm Beach Gardens for Northlake Boulevard and Military Trail Beautification Dear Ms. Wong: Enclosed are two originals of the Amendment to Financial Assistance Agreement for the subject location. Please note the date for completion has again been changed to reflect a new agreement deadline of December 31,2006. Please have both originals executed by the Mayor or other official designated by the City and then return both originals so this item can go before the Board of County Commissioner for final execution. Following that action by the Board, one fully executed original of the amendment will be returned to you for your records. If you have any questions, please contact me or Gary Gregory at (561) 6844100. Sincerely, OFFICE OF THE COUNTY ENGINEER Andrew S. Hertel, AlCP Manager - Streetscape Section ASH :GCG : Attachments: Two originals of the Amendment to the Financial Assistance Agreement pc: G. Haney Frakes, Jr., P.E., Assistant County Engineer Marlene Everitt, Assistant County Attorney File: District 1 Municipalities - City of Palm Beach Gardens F:\Median\GCG\OTIS funded 04-05WGR-LTR CITY OF PBG NORTHLAKE & MILITARY AMD 04 20 06.DOC @ pdntd on recycid paper 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT DATED AUGUST 17, 2004 FOR THE CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION THIS AMENDMENT is made to the Financial Assistance Agreement (R2004- 1688) dated August 17,2004, by and between CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, hereinafter "CITY", and BOARD OF ' COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY". WITNESSETH: WHEREAS, on August 17, 2004, CITY and COUNTY entered into a financial assistance agreement providing for reimbursement funding of the cost of CITY's planned IMPROVEMENTS on COUNTY'S Northlake Boulevard from .6 mile west of Military trail to Military Trail, and unirrigated xeric landscaping in one grassy median of the State's Military Trail from Lillian Avenue north to approximately 300 feet south of Northlake Reliever, in an amount not to exceed NINETY FIVE THOUSAND AND 00/100 DOLLARS ($95,000.00); and WHEREAS, on August 17,2004, COUNTY provided for funding of the cost of the IMPROVEMENTS in an amount not to exceed $95,000.00 with CITY that provided for a completion date of June 30,2005; and WHEREAS, the completion of the improvements has been exceeded due to unexpected delays during the procurement process; and WHEREAS, due to cost increases for the IMPROVEMENTS that have been experienced by CITY, CITY has requested additional funding in the amount of EIGHTEEN THOUSAND FIVE HUNDRED SIXTY SIX AND 00/100 DOLLARS ($18, 566.00), for a new total reimbursement funding amount not to exceed ONE HUNDRED THIRHTEEN THOUSAND FIVE HUNDRED SIXTY SIX AND 00/100 DOLLARS ($1 13,566.00); and WHEREAS, COUNTY has experienced similar cost increases associated with its roadway beautification efforts and therefore supports CITY's request for additional funding; and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION WHEREAS, COUNTY and CITY desire that this amendment shall relate back to August 17,2004, and the Contract continued without interruption nor lapse and its ~ term extended for an additional eighteen (18) month period until December 31,2006; and I I I l NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The Agreement is hereby amended to revise paragraph 2 as follows: 2. The COUNTY agrees to provide to CITY reimbursement funding for documented costs from COUNTY’S OTIS Program budget, in a total amount not to exceed ONE HUNDRED THIRHTEEN THOUSAND FIVE HUNDRED FIFTY SIX AND 001100 DOLLARS ($1 13,556.00) for CITY’S IMPROVEMENTS, with a maximum reimbursement of ONE HUNDRED TWO THOUSAND ONE HUNDRED NINETY SIX AND 001100 DOLLARS ($102,196.00) for IMPROVEMENTS on Northlake Boulevard and a maximum reimbursement of ELEVEN THOUSAND THREE HUNDRED SIXTY AND 001100 DOLLARS ($1 1,360.00) for IMPROVEMENTS on Military Trail. 2. The Financial Assistance Agreement dated August 17, 2004, by and between CITY and COUNTY shall be continued, without interruption nor lapse in its term or effect, for an additional eighteen (18) month period commencing on June 30, 2005, and expiring December 31, 2006. Accordingly, the Agreement is hereby amended to revise paragraph 9 as follows: 9. All installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than December 31,2006, and COUNTY shall have no obligation to CITY or any other entity or person for any cost incurred thereafter. 2 ~ 1 2 3 4 5 6 7 8 9 10 11 12 AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION 3. It is the intent of the parties hereto that this AMENDMENT shall not ~ become binding until the date executed by the Board of County ~ Commissioners of Palm Beach County. 4. All other provisions of the Financial Assistance Agreement dated August ~ 17,2004, shall remain in full force and effect. (INTENTIONALLY LEFT BLANK) 3 AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR NORTHLAKE BOULEVARD AND MILITARY TRAIL BEAUTIFICATION 1 2 3 PALM BEACH COUNTY, FLORIDA, BY CITY OF PALM BEACH GARDENS, 4 5 ITS BOARD OF COUNTY COMMISSIONERS BY ITS CITY COMMISSION 6 7 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the day first above written. By: By: 8 TONY MASILOTTI, CHAIRMAN MAYOR 9 10 11 12 13 (COUNTY SEAL) (CITY SEAL) 14 15 ATTEST: ATTEST: 16 17 COMPTROLLER SHARON R. BOCK, CLERK & 18 By: By: 19 DEPUTY CLERK CITY CLERK 20 By: 21 22 SUFFICIENCY SUFFICIENCY 23 ASSISTANT COUNTY ATTORNEY CITY ATTORNEY APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL 24 By: 25 26 CONDITIONS APPROVED AS TO TERMS AND 27 28 29 30 32 33 3 1 F:\Median\GCG\OTIS funded 04-05\AGR-AMD-CIN OF PBG NORTHLAKE-MILITARY TIME EXT 041906.doc 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 27,2006 Meeting Date: May 18,2006 Resolution 52,2006 SubjectlAgenda Item: Interlocal Agreement with Palm Beach County for the City to provide swimming lessons at the Burns Road Aquatic Complex as part of the Drowning Prevention Coalition’s (DPC) Learn to Swim Program for qualified individuals [XI Recommendation to APPROVE 11 Recommendation to DENY I Departmen?ta/w Administrator A pw I City Manager Originating Dept.: Recreati Divisi @ Chdotte Presensky, Angela W Operations Manager ~ ~ Advertised: NIA Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required 2osts: $0.00 (Total) Funding Source: [ ] Operating [ ]Other Council Action: [ ] Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: [ ]None Date Prepared: April 27, 2006 Meeting Date: May 18,2006 Resolution 52,2006 BACKGROUND: The Drowning Prevention Coalition of Palm Beach County (DPC) is collaboratively supported by the Board of County Commissioners, Children’s Services Council of Palm Beach County, Palm Beach County Fire Rescue, and the Quantum Foundation. The purpose of the DPC is to prevent drownings from occurring, and educating people about water safety. One preventative approach is teaching individuals of all ages and abilities how to swim. The DPC provides certificates also known as “DPC Bucks” to qualified families who cannot afford swim lessons. These certificates provide for a minimum of six (6) swim lessons, which will be free to the recipient, up to $50.00 per lesson. Palm Beach County then reimburses the facility providing the lessons up to $50.00 for each certificate collected. The DPC sends out a letter to recipients explaining the program, and listing facilities where they can receive swimming lessons. In the letter, the DPC will list all facilities that can provide the lessons for up to $50.00 (or “free” swimming lessons). Recipients will have to pay for any cost above the $50.00. However, at the Burns Road Aquatic Complex, no additional fees will be required. All facilities working with the Learn To Swim Program must provide a minimum of six (6) swim lessons; however, no maximum number of lessons is specified. The recipients choose the facility that works best for them. The certificates are good for a 90-day period, and will be marked with an expiration date. Currently, there are numerous municipalities and private aquatic centers in Palm Beach County that are taking part in the Learn to Swim program. This program will bring numerous people to the Burns Road Aquatic Complex to take part in the swim lesson program. The City offers swim lessons regularly, so staffing is not an issue. By accepting DPC Bucks, the number of swim lesson participants will increase which will increase revenues. This program provides an opportunity to less fortunate families to learn how to swim. The City will not incur any additional expenses by participating in this program. STAFF RECOMMENDATION: Staff recommends approval of Resolution 52, 2006 as presented. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 38 RESOLUTION 52,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY TO PROVIDE SWIM LESSONS AS PART OF THE DROWNING PREVENTION COALITION’S LEARN TO SWIM PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County, through its Drowning Prevention Coalition’s Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at designated aquatic facilities within Palm Beach County; and WHEREAS, the City desires to enter into an Interlocal Agreement with the County, attached hereto and incorporated herein as Exhibit “A’’, to provide swimming lessons at the Burns Road Aquatic Complex as part of the Learn to Swim Program; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves an Interlocal Agreement with Palm Beach County for participation’ in the Drowning Prevention Coalition’s Learn to Swim Program, and hereby authorizes the City Manager and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank.) Date Prepared: April 27,2006 Date Prepared: April 27, 2006 Resolution 52, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 BARNETT -- - -- - COUNCILMEMBER JABLIN -- - COUNCILMEMBER LEVY -- - COUNCILMEMBER VALECHE -- - G:\attorney-share\RESOLUTlONS\pbc drowning prevention agrnt - reso 52 2006.doc 2 Date Prepared: April 27,2006 Meeting Date: May 18,2006 Resolution 52,2006 EXHIBIT A PBC INTERLOCAL AGREEMENT INTERLOCAL AGREEMENT FOR SWIMMING LESSONS This Agreement is made as of the ,2006, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and the City of Palm Beach Gardens, a Florida municipal corporation located in Palm Beach County, Florida.(hereinafter referred to as “MUNICIPALITY”). day of WHEREAS, COUNTY, through its Drowning Prevention Coalition’s (“DPC”) Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at designated aquatic facilities within Palm Beach County; and WHEREAS, the parties desire to enter into this Agreement for MUNICIPALITY to provide swimming lessons as part of the DPC Learn to Swim Program, and to define the parties’ responsibilities relating thereto. 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 power 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. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the COUNTY and the MUNICIPALITY agree as follows: ARTICLE 1 - SERVICES MUNICIPALITY shall offer and provide swimming lesson classes to individuals who present vouchers issued by the DPC Learn to Swim Program. Each class to be offered and provided shall consist of a series of at least six swimming lessons and shall be identified in Exhibit A, attached hereto and incorporated herein. Exhibit A shall set forth the name, type, swimming level, dates, location, minimum participation requirements, if any, and MUNICIPALITY’S usual and customary fee for each class. MUNICIPALITY shall not charge voucher holders for any swim class for which MUNICIPALITY’S usual and customary fee is $50.00 or less. If MUNICIPALITY’S usual and customary fee for a swim class is more than $50.00, then the maximum fee that MUNICIPALITY may charge voucher holders for said class is its usual and customary fee minus $50.00. Said classes may be open to the public and are not restricted to voucher holders. The swimming lesson classes shall be provided at MUNICIPALITY’S aquatic facility. MUNICIPALITY agrees to provide and maintain its facility in a safe, clean and hygienic manner and in accordance with all safety and health standards and all other applicable laws and regulations. MUNICIPALITY agrees to provide and maintain in proper working order all equipment necessary to provide and maintain the services and facility as provided herein. MUNICIPALITY represents and 1 warrants that its aquatic facility is in compliance, and shall continue to be in compliance, with Section 514.031, Florida Statutes, all applicable rules and requirements of the State and County Health Departments, and all other applicable laws, rules and regulations. Prior to execution of this Agreement, MUNICIPALITY must provide to COUNTY copies of the facility’s current operating permit and most current inspection report, which must evidence a satisfactory inspection. MUNICIPALITY shall perform the services set forth herein in accordance with all applicable laws, rules and regulations, and in a competent, professional, safe and responsible manner with full regard for the safety of the participants. MUNICIPALITY agrees and warrants that all swimming instructors utilized by MUNICIPALITY to provide lessons hereunder shall be certified as required by Section 514.071, Florida Statutes, and any other applicable laws, rules and regulations. MUNICIPALITY shall provide proof of such certifications to COUNTY’S representative upon request. MUNICIPALITY represents and warrants that it has in place, and shall continue to maintain, a drug-fiee workplace policy. ARTICLE 2 - COMMENCEMENT AND TERM This Agreement shall commence on June 1,2006 and shall remain in effect until September 30, 2006. ARTICLE 3 - PAYMENTS TO MUNICIPALITY A. For swimming classes provided by MUNICIPALITY in exchange for DPC Learn to Swim Program vouchers, COUNTY shall pay MUNICIPALITY its usual and customary fee per class as set forth in Exhibit A hereto, up to a maximum of $50.00 per class series provided to a voucher holder. As provided in Resolution No. R-2005-1906, the total payments to all swimming lesson providers utilized in the DPC Learn to Swim Program for each fiscal year shall not exceed the amount budgeted by COUNTY for this purpose for said fiscal year. B. MUNICIPALITY shall invoice COUNTY monthly based on the number of swimming lesson classes provided hereunder. Invoices shall include a list of the names and contact information of students to whom lessons were actually provided, the name, dates, and times of the classes provided, and any other documentation deemed necessary by COUNTY to verify that services have been rendered in conformity with this Agreement and any applicable DPC Learn to Swim Program criteria, policies and procedures. ARTICLE 4 - TERMINATION The COUNTY may terminate this Agreement at any time upon written notice to the MUNICIPALITY with or without cause and without penalty, damages or recourse against COUNTY. MUNICIPALITY may terminate this Agreement upon thirty days (30) days‘ prior written notice to the COUNTY. 2 ARTICLE 5 - PERSONNEL The MUNICIPALITY represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. All of the services required hereunder shall be performed by the MUNICIPALITY or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized and permitted under state and local law to perform such services. The MUNICIPALITY warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. ARTICLE 6 - SUBCONTRACTING MUNICIPALITY may not, without written approval of COUNTY, subcontract any rights, responsibilities or obligations under this Agreement. ARTICLE 7 - AVAILABILITY OF FUNDS The COUNTY’S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by the Board of County Commissioners and subject to the provisions of Palm Beach County Resolution No. R-2005-1906. The MUNICIPALITY’S performance under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by its governing body. ARTICLE 8 - INSURANCE Without waiving the right to sovereign immunity as provided by s.768.28js., MUNICIPALITY acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event MUNICIPALITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28f3, MUNICIPALITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. MUNICIPALITY agrees to maintain or to be self-insured for Worker’s Compensation & Employer’s Liability insurance in accordance with Chapter 440, Florida Statutes. When requested, MUNICIPALITY shall agree to provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance andor sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. 3 Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Agreement. ARTICLE 9 - INDEMNIFICATION Each party shall be liable for its own actions and negligence and, to the extent permitted by law, COUNTY shall indemnify, defend and hold harmless MUNICIPALITY against any actions, claims or damages arising out of COUNTY'S negligence in connection with this Agreement, and MUNICIPALITY shall indemnify, defend and hold harmless COUNTY against any actions, claims, or damages arising out of MUNICIPALITY'S negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. ARTICLE 10 - SUCCESSORS AND ASSIGNS Neither party shall assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement to any other entity without the prior written consent of the other party. ARTICLE 11 - REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Agreement. ARTICLE 12 - CONFLICT OF INTEREST The MUNICIPALITY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part 111, Florida Statutes. The MUNICIPALITY further represents that no person having any such conflict of interest shall be employed for said performance of services. The MUNICIPALITY shall promptly notify the COUNTY'S representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the MUNICIPALITY 'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the MUNICIPALITY may 4 undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the MUNICIPALITY. The COUNTY agrees to notify the MUNICIPALITY of its opinion by certified mail within thirty (30) days of receipt of notification by the MUNICIPALITY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the MUNICIPALITY, the COUNTY shall so state in the notification and the MUNICIPALITY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the MUNICIPALITY under the terms of this Agreement. ARTICLE 13 - EXCUSABLE DELAYS MUNICIPALITY shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of MUNICIPALITY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally severe and unusual weather conditions. Upon MUNICIPALITY'S request, the COUNTY shall consider the facts and extent of any failure to perform the work and, if the MUNICIPALITY 'S failure to perform was without its or its subcontractors fault or negligence, the Agreement schedule and/or any other affected provision of this Agreement shall be revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any or all of the work at any time. ARTICLE 14 - ARREARS The MUNICIPALITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgement, lien, or any form of indebtedness. The MUNICIPALITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 15 - PUBLIC RECORDS The MUNICIPALITY shall comply with Florida's Public Records Law with regard to any documents or other records relating to this Agreement. ARTICLE 16 - INDEPENDENT CONTRACTOR RELATIONSHIP The MUNICIPALITY is, and shall be, in the performance of all work services and activities under this Agreement, an Independent Contractor, and not an employee, agent, or servant ofthe COUNTY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the MUNICIPALITY 'S sole direction, supervision, and control. The MUNICIPALITY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the MUNICIPALITY'S relationship and the 5 relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The MUNICIPALITY does not have the power or authority to bind the COUNTY in any promise, agreement or representation. ARTICLE 17 - CONTINGENT FEES The MUNICIPALITY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the MUNICIPALITY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the MUNICIPALITY, any fee, commission, percentage, gift , or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - ACCESS AND AUDITS The MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the MUNICIPALITY 'S place of business. ARTICLE 19 - NONDISCRIMINATION The MUNICIPALITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 20 - AUTHORITY TO PRACTICE The MUNICIPALITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY'S representative upon request. ARTICLE 21 - SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 6 ARTICLE 22- PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and contractors who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 23 - SURVIVABILITY Any covenant, agreement, representation, warranty or other provision of this Agreement that is of a continuing nature or which by its language or its nature imposes an obligation that extends beyond the term of this Agreement, including but not limited to representations relating to indemnification and the disclosure or ownership of documents, shall survive the expiration or early termination of this Agreement and the consummation of the transactions contemplated hereunder. ARTICLE 24 - NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Palm Beach County Fire-Rescue 50 South Military Trail, Suite 101 West Palm Beach, FL 33415 Attn: Fire-Rescue Administrator If sent to the MUNICIPALITY, notices shall be addressed to: City of Palm Beach Gardens 4404 Burns Road Palm Beach Gardens, FL 33410 Attn: Jeff Heinz ARTICLE 25 - FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. 7 ARTICLE 26 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the MUNICIPALITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered unless agreed to in writing by both parties. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns and successors in interest. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY, and MUNICIPALITY has hereunto set its hand the day and year above written. WITNESS Signature Name (type or Print) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY County Attorney ATTEST: By: City Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: Herman W. Brice, Fire-Rescue Administrator, through Robert Weisman, County Administrator APPROVED AS TO TERMS AND CONDITIONS APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney 8 B Mescue CITY OF PALM BEACH GARDENS. FLORIDA ityflanager EXHIBIT "A" 9 Summer 2006 Swim Lessons City of Palm Beach Gardens Aquatic Complex 4404 Bums Rd Palm Beach Gardens, F1 33410 561-630-1 127 Each class is taught following The American Red Cross guidelines. Each class consists of 1/2 hour sessions which run Monday-Thursday. Classes may be cancelled, combined and/or changed to accommodate the levels of participants. Cost: Resident $45 / Non-Resident $59 Polliwogs-33 02 A Parents participate in the water with their children learning interaction and safety techniques. Age: 6 months-3 yrs. old MidMax: 416 Code Date (M-Th) Time A1 June 5-15 9: 15-9:45 am A2 June 5-15 5:15-5:45 pm A3 June 19-29 9: 15-9:45 am A4 July 10-20 9:15-9:45 am A5 July 10-20 5:15-5:45 pm A6 July 24-Aug 3 9:15-9:45 am G~ppi~~-3302 B Learn bubble blowing, supported floating & kicking and entering & exiting the water Age: 4-5 yrs. old MidMax: 416 Code Date (M-Th) Time B1 June 5-15 8:OO-8:30 am B2 June 5-15 5:15-5:45 pm B3 June 19-29 8:OO-8:30 am B4 June 19-29 5:15-5:45 pm B5 July 10-20 8:OO-8:30 am B6 July 10-20 5:15-5:45 pm B7 July 24-A~g 3 8:OO-8:30 am B8 July 24-A~g 3 5:15-5:45 pm Mirrnows-3302 C Retrieve objects, unsupported floating & kicking and front & back alternating arms Age: 4-5 yrs. Old MidMax: 416 Code Date (M-Th) Time c1 June 5-15 8:OO-8:30 am c2 June 5-15 5:15-5:45 pm c3 June 19-29 8:OO-8:30 am c4 June 19-29 5:15-5:45 pm c5 July 10-20 8:OO-8:30 am C6 July 10-20 5:15-5:45 pm c7 July 24-Aug 3 8:OO-8:30 am C8 July 24-Aug 3 5:15-5:45 pm Groiipers-3302 D Jumping into water, kneeling dives, coordinating arms for back stroke & crawl Age: 4-5 yrs. Old MintMax: 416 Code Date (M-Th) Time D1 June 5-15 8:OO-8:30 am D2 June 5-15 5:15-5:45 pm D3 June 19-29 8:OO-8:30 am D4 June 19-29 5:15-5:45 pm D5 July 10-20 8:OO-8:30 am D6 July 10-20 5:15-5:45 pm D7 July 24-Aug 3 8:OO-8:30 am D8 July 24-Aug 3 5:15-5:45 pm Sriappers-3302 E Learn bubble blowing, supported floating & kicking and entering & exiting the water Age: 6-12 yrs. Old MintMax: 416 Code Date (M-Th) Time El June 5-15 8:40-9: 10 am E2 June 5-15 5:55-6:25 pm E3 June 19-29 8:40-9: 10 am E4 . June 19-29 555-6:25 pm E5 July 10-20 8:40-9: 10 am E6 July 10-20 5:55-6:25 pm E7 July 24-Aug 3 8:40-9: 10 am E8 July 24-Aug 3 5:55-6:25 pm Turpoiis-33 02 F Retrieve objects, unsupported floating & kicking and front & back alternating arms Age: 6-12 yrs. Old MintMax: 416 Code Date (M-Th) Time F1 June 5-15 8:40-9:lO am F2 June 5-15 5:55-6:25 pm F3 June 19-29 8:40-9:lO am F4 June 19-29 5:55-6:25 pm F5 July 10-20 8:40-9: 10 am F6 July 10-20 5:55-6:25 pm F7 July 24-Aug 3 8:40-9:lO am F8 July 24-Aug 3 5:55-6:25 pm Sailfish-3302 G Jumping into water, kneeling dives, coordinating arms for back stroke & crawl Age: 6-12 yrs. Old MintMax: 416 Code Date (M-Th) Time G1 June 5-15 8:40-9: 10 am G2 June 5-15 5:55-6:25 pm G3 June 19-29 8:40-9: 10 am G4 June 19-29 5:55-6:25 pm G5 July 10-20 8:40-9: 10 am G6 July 10-20 5:55-6:25 pm G7 July 24-Aug 3 8:40-9: 10 am G8 July 24-Aug 3 5:55-6:25 pm Dolph iris-3302 H Backstroke, crawl, breaststoke, standing dives & turning at the wall Age: 6-12 yrs. Old Min/Max: 4/8 Code Date (M-Th) Time H1 June 5-15 9:15-1O:OO am H2 June 5-15 6:45-7:30 pm H3 June 19-29 9:15-1O:OO am H4 June 19-29 6:45-7:30 pm H5 July 10-20 9:15-1O:OO am H6 July 10-20 6:45-7:30 pm H7 July 24-Au~ 3 9:15-1O:OO am H8 July 24-Aug 3 6:45-7:30 pm Great Whites-3302 I Stroke refinement, distance swimming, butterfly & spring board diving Age: 6-12 yrs. Old Min/Max: 4/10 Code Date (Saturday) Time I1 June 10-July 1 8:OO-9:00 am I2 July 15-Aug 5 8:OO-9:00 am tiveness of thwe facilities, dependent upon tk& efd NOW, THEREFOW, I, Josepn K. KUSSO, by virtue of @e authoJity yes r of the City of Palm Beach Gardens, Florida, do keby proclaim th NATIOIVAL PUBLIC WORKS May in t& Yw Twtz Thousandl CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44,2006 SubjecVAgenda Item: Resolution 44,2006 - Gardens Pointe Consideration of Approval: A request by Dodi Glas of Gentile, Holloway, and O'Mahoney, agent for Gardens Pointe LLC, for site plan approval of 2 14 residential condominium high-rise units within two twelve-story towers, and 26 townhouses. The 6.64-acre subject site is located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue (adjacent to the Landmark), which is within the Regional Center Development of Regional Impact (DRI). [XI Recommendation to APPROVE with 10 waivers [ ] Recornmenflation to DENY Reviewed by: City Attorne Christine Ta Development Compliance a- B areh Keshavarz, AICP Interim Growth Management Administratou Daniel P. Clark, P.E. Approved By: Originating Dept.: Growth Management: Brad Wiseman Planning Manager [XI Quasi-Judicial [ ] Legislative [ ] Public Hearing r Advertised: Date: 513106 Paper: PB Post [XI Not Required / %Affected parties: [XI Notified [XI Not Required FINANCE: Costs: $-NIA Total $- N/A- Current FY Funding Source: [ ] Operating [XI Other-NIA Budget Acct.#: NA City Council Action: [N/A] Approved [N/A] App. wl conditions [N/A] Denied [ 3 Rec. approval [ 3 Rec. app. wl conds. [ 3 Rec. Denial [NIA] Continued to: Attachments: 0 Resolution 8 I, 2001 0 Resolution 105,2004 0 Resolution 120,2005 0 CC Minutes 6/17/04 0 Project Narrative 0 Reduced Plans 0 Resolution 44, 2006 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44, 2006 EXECUTIVE SUMMARY The subject petition is a request for site plan approval of 214 condominium units within two twelve-story towers and 26 townhouse units. The subject site is located within the Regional Center Development of Regional Impact (DRI) immediately south of the approved Landmark residential project, which is currently under construction. On March 14, 2006, the Planning, Zoning, and Appeals Board (PZAB) voted 7-0 to recommend approval of the subject petition to the City Council. Staff recommends approval of Resolution 44, 2006, with 10 waivers and 50 conditions of approval. The City Council reviewed Resolution 44, 2006, on April 20, 2006, at a duly noticed quasi- judicial public hearing and subsequently continued the item to the May 18,2006, meeting. BACKGROUND Regional Center DRl The proposed development is located within the Regional Center Development of Regional Impact (DRI) on Parcel 27.09. On February 16, 1984, the City Council approved the Development Order of the Regional Center through Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use. The Development Order currently permits a maximum development of 1,640,000 square feet of retail, restaurant, and cinema; 26,000 square feet of neighborhood commercial; 1,2 10,000 square feet of business office; 235,200 square feet of research and development office; and 2,051 dwelling units. The total acreage of the DRI is 458.2 acres. The most recently approved Notice of Proposed Change (NOPC #lo) to the Regional Center DRI was approved through Resolution 105, 2004 on June 17, 2004, and provided for the following: Increased the maximum number of potential residential units for the DRI from 1,813 to 2,05 1 dwelling units; Set a maximum building height of 140 feet for all buildings on Parcel 27.09; Reduced the minimum thresholds for Business Office from 1,043,287 square feet to 985,695 square feet; Reduced the minimum thresholds for Research and Development Office from 73,440 square feet to 7 1,032 square feet; Reduced the minimum thresholds for hotel from 1 18 rooms to zero. Parcel 27.09 Catalafumo submitted a development application for Parcel 27.09 to the City in 2003, for the development of three professional office buildings totaling 60,000 square feet. This development Page 2 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44,2006 application was for Phase I of a two phase office complex. However, this application was withdrawn in March 2003. During the discussion of Resolution 105, 2004 at the June 17, 2004, meeting, Kolter Properties informed the City Council that they had entered into a contract to purchase Parcel 27.09 for the purpose of developing multi-family residential dwelling units (Please see attached minutes). Subsequently, the City Council made a motion to approve the resolution with the addition of a building height limitation of 140 feet for Parcel 27.09 as 140 feet was the height of the UBS/Paine Webber building, the second tallest building within the DRI. According to Resolution 8 1,2001, all conversions of uses shall be approved by the City Council through the site plan review process. Therefore, the conversion of Parcel 27.09 from office/hotel/community use to multi-family residential will be approved with the subject site plan petition. On February 1, 2005, Urban Design Studio, on behalf of Kolter Properties, submitted a development application to the Growth Management Department for 240 residential condominium and townhouse units on Parcel 27.09. Subsequent to the adoption of Resolution 105,2004 and the submittal of the Kolter development application, City Council held a retreat on the 28'h and 29'h of April 2005. During this retreat, the City Council set a city-wide policy to discourage the conversion of commercial land to residential. LAND-USE AND ZONING The subject site has a joint land-use designation of office/hotel/community use, as indicated on the Development of Regional Impact (DRI) and Planned Community District (PCD) master land- use plan (Map H), and Professional Office (PO), as designated on the City's Future-Land Use Map. Therefore, both land-use designations apply to the subject parcel. In order for residential to be allowed on-site, the conversion shall be approved by the City Council with the subject site plan petition. The zoning designation of the site is a Planned Community District (PCD) Overlay. In accordance with Section 78-155 (c) (2), Code of Ordinances, the Growth Management Director has determined that the Residential High (RH) property development regulations shall apply to the subject site. PROJECT DETAILS The proposed project consists of 2 14 residential condominium units within two, twelve-story towers and 26 townhouses on a 6.64-acre site. With this application, the applicant is proposing to develop the remaining 238 units allowed per NOPC number 10 in combination with two vested, un-built residential units that were previously approved for Kolter's San Matera multi-family project. The proposed density is 36.10 dwelling units per acre, whereas the adjacent approved residential project, the Landmark has a density of 37.05 dwelling units per acre. Page 3 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44, 2006 Site Access The project is bounded by the Landmark to the north, Lake Victoria (a.k.a. the Downtown at the Gardens Lake) to the west, Kyoto Gardens Drive to the south, and Fairchild Gardens Avenue to the east. Vehicular access to the site will be achieved from an ingress/egress point off of Kyoto Gardens Drive and two access points off of Fairchild Gardens Avenue. Phasing According to the applicant, the development is proposed to be built in two phases. Please see sheet C- 1 9. Traffic Concurrency The proposed project has reserved concurrency through the Regional Center DRI approval. The City Engineer has reviewed the proposed site plan to ensure compliance with the DRI concurrency approval and has raised no concerns. Sc h oo 1 Concurrency The applicant received school concurrency from the Palm Beach County School District on August 5, 2005, for 240 multi-family dwelling units. This school concurrency will expire if a development order is not granted by August 5, 2006. Once a development order is granted, school concurrency becomes vested for the project. Landscaping The applicant is providing 12,797 landscaping points on-site, whereas 10,128 are required by the City Code. The applicant has allocated 2.325 acres, or 35.02% of the site, toward open space, which meets the minimum 35% required for residential developments within PCDs. The applicant has provided a 20-foot wide landscape buffer along Fairchild Gardens Avenue and Kyoto Gardens Drive, which meets the minimum 20-foot width code requirement. The applicant has also provided an 8-foot wide landscape buffer adjacent to the Landmark and Lake Victoria, which meets the 8-foot width code requirement. Plantings within these buffers include specimen trees such as Canary Island Date Palms, Live Oaks, and Washington Palms. Other plantings include Dwarf Date Palms, Ligustrums, Eugenia hedges, Bougainvillea, and Christmas Palms. Foundation plantings have been provided for each tower on all four sides and either meet or exceed City Code requirements for height. Specimen trees include Coconut Palms and Cabbage Palms at a height of 22’-30’; Cathedral Oaks, Live Oaks, and Travelers Palms a height of 18’- 20’; Alexander Palms at height of 18’-20’; and Queen Palms at a height of 22’-28’. Each townhouse building has foundation landscaping on all four sides, which includes specimen trees such as Coconut Palms and Paurotis Palms. Other plantings include Cat Palms, Pygmy Date Palms, Crinum Lilies, Wax Jasmine, Eugenia hedges, and Ixora. Page 4 Date Prepared: May 1,2006 Meeting Date: May 18, 2006 Resolution 44, 2006 Lake Plan The lake plan, also referred to as the Perpetual Public Access Easement (PPAE), surrounds Lake Victoria and provides the largest public amenity (26.9 acres) within the Regional Center DRI. The lake plan’s meandering pathways provide an inviting and convenient pedestrian access to Downtown at the Gardens, the Landmark, Gardens Pointe, Mira Flores, and the Gardens Mall through two public pathways (Landmark & Gardens Pointe) that connect to Fairchild Gardens Avenue. The lake plan also includes street furniture, lighting, signage, a bridge, landscape and hardscape features that create a unified sense of place for the entire area. Common themed materials are used to define the park area. Paver pedestrian connections are provided across vehicular crossings at Kyoto Gardens Drive and at the intersections of Gardens Parkway and Valencia Gardens Drive, and Gardens Parkway and San Cristobal/Fairchild Gardens Avenue. This lake plan is maintained by the Regional Center Property Owners Association. As per Resolution 120,2005, the applicant is required to fulfill the lake plan requirements for the subject site. The applicant has provided an area on the west, and south perimeters of the parcel, which is intended for recreation and open space for the public, as part of the lake plan requirements. These pathways link the subject site to other parcels immediately abutting the lake, and also link the lake path to Fairchild Gardens Avenue. The interconnecting pathways will allow for the public and residents in the proposed community to utilize the lake, and will serve as a pedestrian linkage between the proposed project and Downtown at the Gardens. Upon staffs urging to enhance the approved lake plan, and upon the PZAB’s recommendation, the applicant has revised the plans to reflect a prominent lake overlook plaza that will create additional opportunities for public enjoyment and pedestrian activity adjacent to Lake Victoria. Gardens Pointe, the Landmark, Downtown at the Gardens, and the lake plan all make up an urban core by providing an interaction of mixed uses and pedestrian activity. During the review process, staff raised a concern about the close proximity of the public pathway and the lakefront townhomes. (Many of the front doors to these townhomes are within five feet from the pathway.) It is staffs professional opinion that the public will take advantage of the PPAE as originally contemplated; and therefore the townhome residents must be made aware of the close proximity of the PPAE and their townhomes. Staff has included a condition of approval requiring the applicant to provide a prominent statement in all sales documents and the HOA documents that clearly identifies this public area immediately adjacent to these townhomes. Furthermore, staff has also included a condition that requires the applicant to post a sign outside of the sales center that explains the PPAE and its close proximity to the townhomes. Site Lighting The site will be illuminated according to the minimum LDR requirements. However, parking garage lighting will also meet IESNA standards as requested by the Police Department. The applicant is proposing metal halide lighting throughout the site. Page 5 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44,2006 Parking Required parking is calculated at one space per bedroom plus five percent of the required parking for guest parking, which equates to 498 parking spaces; whereas the applicant is proposing 514 total parking spaces. The bottom three levels of each tower is a parking garage, which accommodates 427 total garage parking spaces. The remaining parking spaces consist of 12 townhouse garage spaces, 12 townhouse driveway spaces, and 63 surface parking spaces. The applicant is requesting a waiver from Section 78-344 (L) (l), which requires a 10-foot wide parking stall width. The applicant is proposing to allow for 9.5’ wide parking spaces for garage parking. All surface parking spaces meet the 1 0-foot width code requirement. Signage The applicant is proposing one project identification sign at the main vehicular entrance off of Fairchild Gardens Avenue and a secondary interior sign off of the Kyoto Gardens Drive entrance. Two waivers are being requested for the main entrance sign since there are two faces and five feet of landscaping surrounding the sign; whereas only one sign face is allowed and 10 feet of landscaping is required around the sign. Architecture and Special Features All buildings on-site consist of a Mediterranean style with Spanish “S” tile roof, gray blue tinted windows, resin bands and cornices, cement plaster columns, aluminum grilles, aluminum railings, and stucco wall finish. The proposed color scheme will feature neutral tan colors including Dusty Yellow, Spiced Vinegar, Clear Yellow, Heavy Cream, Delicate White, Gold Buff, and Jute. Each twelve story tower (140’high) consists of nine residential floors (107 units) over three levels of covered parking, with 10 wrap-around townhouses. The wrap-around townhouses provides a residential scale and a pedestrian friendly streetscape for the surrounding area. The site also incorporates six free standing townhouses adjacent to Fairchild Gardens Avenue and Kyoto Gardens Drive. The visible facades of the enclosed parking garage incorporate the design that is present on the residential facades. Each fagade includes residential scale windows with aluminum grills, resin window sills, and banding, which provides architectural relief. The south elevations (adjacent to Kyoto Gardens Drive) includes a tower(s) and the east elevations (adjacent to Fairchild Gardens Avenue) include arcade features, which assist in providing visual interest from the adjacent roadways. Page 6 Waivers Waiver 95’ .5’ The applicant is requesting ten waivers for the following project: Discussion (1) ** (2) Table 2: Requested Code Section 86’ Section 78-1 84: Height of Buildings Section78-344 (I) b (3)** Parking stall width Section 78-142 Residential High Zoning District Setbacks Front (Kyoto Dr.) Section 78-142 Residential High Zoning District Setbacks Front (Fairchild Ave.) Section 78- 142 Residential High Zoning District Setbacks Side Section 78-142 Residential High Zoning District Setbacks Rear Section 78-285: Permitted Signs, Table 24 Section 78-285: Permitted Signs, Table Section 78-441 (c): General Application Procedure Section 78-1 82 (t): Illumination of Uses and Buildings Waivers Required 45’ IO’ 30 ft. plus one foot for each foot of building height greater than two stories = 150’ 30 A. plus one foot for each foot of building height greater than two stories = 1 SO’ 20 A. plus one foot for each foot of building height greater than two stories = 140’ 20 ft. plus one foot for each foot of building height greater than two stories = 141)’ Max Sign Faces: I Landscaping around inonutnent sign shall be no less that sign height - IO‘ No building pennits prior to plat approval 10.0-Foot Candle Maximum in Parking Areas Provided 12-stories, 140 ft. 9.5’ Garage Spaces Only 64‘ South Tower 40’ North Tower 27’ North Tower 23‘ South Tower 20‘ North Tower Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44, 2006 2 5‘ Sales Trailer & 1 Dry Townhouse Model 91 .s-Foot Candles in the Parking Garage fi 2 Buildings 8 1 .S-Foot Candle (10) ** Note. Five of the ten waiver requests are to allow,for reduced setbacks and for an increase in building height. Staflsupports these requested waivers because the applicant has demonstrated consistency with Section 78-1 58 of the LDRs, Waivers to Planned Development District Requirements, which states, ‘‘ The use of innovative and creative techniques and concepts may require one or more waivers to the development standards applicable to such projects. The City Council may grant one or more of the requested waivers, provided community benefits such as architectural design, pedestrian amenities .... are demonstrated. ’’ In this case, the applicant has provided enhanced architectural details, a pedestrian ,friendly lake overlook. feature, and three landscaped arbor seating areas within the lake plan. It is stajrs professional opinion that the design of Gardens Pointe and the improved public lake plan will add synergy to Downtown at the Gardens and the adjacent projects. Page 7 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44, 2006 (1) The proposed maximum building height for the two towers is 140 feet. The maximum allowable height of a building in the Residential High (RH) zoning district is 45 feet; therefore, the applicant is requesting a waiver of 95 feet. Upon staffs recommendation, the applicant has revised the elevations to reflect building height variation, which has addressed the previous box-like effect of the towers. Furthermore, this waiver is consistent with the adjacent Landmark project, which consists of a 17-story tower (192.5 feet) flanked by two 14-story towers (160 feet), and the UBYPaineWebber building (140 feet). It is staffs professional opinion that this waiver is adequately justified. Staff recommends approval. Proposed Elevation: Previous Elevation: Page 8 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44,2006 Initial Elevation (First Submittal): i-"" ==*wzyc= The applicant is requesting a waiver from Section 78-344(L) (l), which requires that a standard parking space be a minimum of 10 feet wide. The applicant is requesting that the parking space width be reduced to 9.5 feet for the garage parking spaces. All surface parking spaces meet the City Code requirement of 10 feet. Furthermore, this request is consistent with other parking garage space widths within the Regional Center (Landmark 9-feet wide, Downtown @ the Gardens 9.5-feet wide). Staffrecommends approval. The applicant is requesting a waiver from Section 78-141, Residential Zoning setbacks, to allow for a front setback of 64 feet adjacent to Kyoto Gardens Drive for the south tower, whereas the Code requires 150 feet. This waiver request is consistent with the adjacent Landmark, which provided a %-foot front setback. Staffrecommends approval. The applicant is requesting a waiver from Section 78-141, Residential Zoning setbacks, to allow for a front setback of 40 feet adjacent to Fairchild Gardens Avenue for the north tower, whereas the Code requires 150 feet. This waiver request is consistent with the adjacent Landmark, which has a side street setback of 1 8 feet. Stqffrecommends approval. The applicant is requesting a waiver from Section 78-141, Residential Zoning setbacks, to allow for a side setback of 27 feet for the north tower and 23 feet for the south tower, whereas the Code requires 140 feet. This waiver request is consistent with the adjacent Landmark, which has a side setback of 25 feet. Staff recommends approval. The applicant is requesting a waiver from Section 78-141, Residential Zoning setbacks to allow for a rear setback of 20 feet for the north tower, whereas the Code requires 140 feet. This waiver request is consistent with the adjacent Landmark, which has a rear setback of 22 feet. Staff recommends approval. The applicant is requesting a waiver from Section 78-285, Permitted Signs, to allow for a sign on each side of the monument. Staff supports the requested waiver because it will Page 9 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44,2006 identify the development to vehicles entering and exiting the site. Several residential developments in the City have received a similar waiver approval from the City Council, which allowed for dual entry sign structures, including Mirasol, Evergrene, Frenchman’s Reserve PCDs, and the Southampton PUD. Staffrecornmends approval. (8)The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to allow for the landscaped area around the main entrance monument sign to be less than ten feet (5 feet). The proposed monument sign location provides the best placement in order to maintain maximum visibility for cars safely entering the site. This waiver was recently approved for the Pointe PUD. Staffrecommends approval. (9) The applicant is requesting a waiver from City Code Section 78-441, General Application Procedures, to allow for a sales trailer and one townhouse dry model prior to plat approval. This waiver has also been granted to allow for dry models within Old Palm PCD Pod C, Evergrene PCD, and Frenchman’s Reserve Pod G. Staff has included several standard conditions of approval to safeguard the City, visitors to the site, and the applicant relating to dry model permit issuance. Staff recommends approval. (10) The applicant is requesting a waiver from City Code Section 78-1 82, Illumination of Uses and Buildings, to allow for 91.5-foot candles in the parking garage. The Police Department view parking garages as needing increased lighting for maximum visibility and surveillance due to safety concerns. Furthermore, Police recommends that the applicant meet IESNA standards in regards to parking garage lighting, which has been included as a condition of approval. However, IESNA standards require more lighting than City Code allows; therefore a waiver is required. Staffrecommends approval. CONSISTENCY WITH SURROUNDING AREA The proposed residential development is consistent with the City’s vision to create an urban downtown environment within the Regional Center DRI. The proposed plan will be complementary to the adjacent Landmark project, which consists of two 14-story residential towers and one 17-story tower. Gardens Pointe is also consistent with Downtown at the Gardens, which includes a mixture of uses consisting of retail, office, and entertainment. The site plan has been designed so that pedestrians will be able to utilize the lake for activity and conveniently access Downtown at the Gardens. Furthermore, the proposed residential development is consistent with the surrounding PGA Boulevard Corridor, which includes a number of buildings (other than Landmark) that significantly exceed the LDR height restriction. Specifically, the Grand Bank (70.25’), Good Samaritan Hospital (86’), the MacArthur Center BuildindBank One Building (65.83’), the UBS Paine Weber [a.k.a Medical Mall] (140’), Admiralty I (148’), and Gardens Plaza [a.k.a Merrill Lynch building] (137’). Page 10 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44,2006 CONSISTENCY WITH THE COMPREHENSIVE PLAN It is stafys professional opinion that the proposed development is consistent with the overall intent of the goals, objectives, and policies of the City’s Comprehensive Plan. Density The proposed 240 residential units are the last remaining units to be approved that are currently vested within the DRI. However, the Menin Development Company has filed an NOPC that proposes the conversion of existing office entitlements to retail, hotel, and additional residential units within the Regional Center DRI. Under Policy 1.1 S.2 (b) of the Comprehensive Plan, the overall density of PCDs or PUDs shall not exceed 12 units per acre for the areas designated Residential High (RH). Furthermore, Policy 1.1.1.4. states, “Although a variety of uses and use intensities may be approved as part of a residential PCD, the overall density must be consistent with the Future Land-Use designation of the area.” [Emphasis supplied.] The proposed gross density for the subject parcel is 36.10 dwelling units per acre (Landmark has a density of 37.05 d.u. per acre). However, when the overall residential density within the DRI is calculated using all residential parcels within the DRI, the density equals 10.90 units per acre (2,051 units/ 188.14 acres of residential land), which is consistent with the Comprehensive Plan. Building Height The subject site has a joint land-use designation of Professional Office (PO), as designated on the City’s Future Land-Use Map, and office/hotel/community use, as indicated on Map “H” of the DRI/PCD. Under the future land-use element, the ProfessionaUOffice (PO) future land-use category limits the building height to 36 feet. The proposed project exceeds this height limitation. However, Policy 1.1.1.4. of the Comprehensive Plan states: Policy 1.1.1.4.: The City shall maintain land development regulations which provide for a Planned Community District (PCD) which shall implement the following concepts: a. through d. omitted.for brevity e. Through the PCDs flexibility, the City Council may grant waivers to the non-residential intensities described previously. J: omitted for brevity Since the future land-use designation is ‘non-residential’, the policy provides the City Council the authority to waive the building height incorporated within the description of PO future land- use element. The applicant is requesting a waiver from this requirement, which is allowed by this policy. This policy is implemented by City Code Section 78-158 (f), Table 20, which specifically allows the City Council to waive building height requirements. Please also note that City Code Page II Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44, 2006 Section 78-1 58 (d) includes regulations that may not be waived by the City Council and building height is not included. Site Plan & Design Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. The site has been designed with sound planning principles, which minimize any impacts on the surrounding properties (i.e. Landmark, Gardens Mall, and Downtown @ the Gardens). The design of the site is consistent with the desired community character for this area of the City, which is an urban environment. Furthermore, the proposed residential use and inviting pedestrian connectivity is complementary to Downtown @ the Gardens. It is staffs professional opinion that the proposed project is consistent with the Comprehensive Plan. ECONOMIC DEVELOPMENT ADVISORY BOARD (EDAB) The EDAB reviewed the subject petition on December 8, 2005. Staff brought the Gardens Pointe residential project before the EDAB because the petition proposes the conversion of office use to residential. The EDAB made a motion, with a vote of 6-1, to support the project because the process of allowing this site to become residential began several months before City Council set a policy to discourage conversions of commercial/office use to residential. However, the EDAB stated that their motion was site specific and reiterated their position that commercial land should not be converted to residential. PLANNING, ZONING, AND APPEALS BOARD (PZAB) On October 25, 2005, the Planning, Zoning, and Appeals Board reviewed the subject petition at a workshop. Mr. Dennis Solomon, Mr. Barry Present, and Mr. Amir Kanel stated a concern about building height. In addition, the PZAB praised the project’s design and issued the following two comments (stqfs response are in italics): 1) The PZAB stated that nine-foot wide parking spaces are too narrow; 10-foot wide spaces should be utilized for all surface parking; and all parking garage space should be a minimum of 9.5-feet wide. The applicant has revised the plans accordingly. 2) The PZAB proposed altering the color palette and eliminating the checkerboard pattern. The applicant has revised the plans to the satisfaction of the PZAB. The subject petition was initially scheduled for a Recommendation to City Council hearing at the January 10, 2006, PZAB meeting, but was subsequently postponed to the March 14, 2006, PZAB Page I2 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44,2006 meeting. The applicant requested a postponement because staff recommended modifying the architectural elevations to address the bulkiness of the building. Since then, the applicant has met with staff several times and has revised the plans to reflect a pronounced roof-line variation, which met the original intent of staffs recommendation. Subsequently, on March 14, 2006, the PZAB reviewed the subject petition and voted 7-0 to recommend approval to the City Council. The PZAB praised the architectural modifications that staff had recommended and raised no further comments. Prior to this meeting, staff requested that the applicant provide a pedestrian bridge linking the subject site to Downtown at the Gardens. However, the applicant did not agree with this request and sought input from the PZAB. The PZAB recommended that the applicant provide a lake overlook feature in-lieu of a bridge. The PZAB's reasoning was that since the Landmark was providing a bridge, a second bridge was excessive for this size of a lake. As a result, the applicant has worked with staff to create a pronounced lake overlook feature, which staff is in support of in-lieu of the pedestrian bridge. CITY COUNCIL The City Council reviewed Resolution 44, 2006, on April 20, 2006, at a duly noticed quasi- judicial public hearing and subsequently continued the item to the May 18, 2006, meeting. The City Council raised concerns over the waiver requests for building height and setback reductions. Furthermore, the City Council requested the applicant to provide perspectives of the proposed project in relation to the Landmark and Plat Four at the May 18'h meeting. The applicant has advised staff that the requested perspectives are not available as of the date of this staff report, but that they will be available for the May 1 8th meeting. STAFF RECOMMENDATION Staff recommends approval of Resolution 44, 2006, with the waivers and conditions provided therein. Page 13 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44, 2006 I, EXISTING USE uect Property VacantNndeveloped (36.10 D.U. Per Acre) North Landmark Residential Development (37.05 D.U. Per Acre) South Kyoto Gardens Drive, Viridian Office Building, Laser & Surgery Center East Fairchild GardeLAvenue, Gardens Mall West Lake Victoria, Downtown at the Gardens TABLE 1 ITD LAND USE DESIGNAT11 1 $ USE DESIGNATIONS ZONING LAND USE Planned Community District (PCD) DRIPCD Planned Community District (PCD) DRIiPCD Planned Community District (PCD) DRIiPCD Planned Community District (PCD) DRIiPCD Planned Community District (PCD) DRIiPCD Page 14 Date Prepared: May 1,2006 Meeting Date: May 18,2006 Resolution 44, 2006 a ITH THE CODE TABLE 2 CONSISTENCY WITH THE CODE II Code Requirement I Proposed Plan I Consistency Site Zoning = PCDiPO 240 Condo & Townhouse units Yes Minimum Site Area: 6.64 Acres Yes 1 1,000 Square Feet Minimum Site Width: 590’ Yes 1007 Maximum Building Height: 140’ No- waiver requested 45’ 35% Front Setback (Kyoto Dr.): 64’ South Tower 150’ 260’ North Tower Tower Rear Setback: 20’ North Tower 140’ 348’ South Tower Tower 40’ North Tower 150’ 224’ South Tower Tower 27’ North Tower 140’ 23’ South Tower towers Maximum Lot Coverage: 2 1.32% Yes No - waiver requested for South No - waiver requested for North No - waiver requested for North No - waiver requested for both Front Setback (Fairchild Ave): Side Setback: Minimum Parking Spaces: 514 Yes 498 Minimum Landscape Points: 12,797 points Yes 10,128 Minimum Required Open Space: 35% 3 5.02% Yes Page 15 RESOLUTION 81,2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FORTHE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO RECONFIGURE THE ALIGNMENT OF VICTORIA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESIGNATE THE USE OF PARCEL 6 AS MULTIFAMILY RESIDENTIAL, REALLOCATE THE ACREAGE OF PARCEL 7 TO PARCEL 2 IN EXCHANGE FOR OTHER CONSIDERATION SPECIFIED AT THE PUBLIC HEARING AND AGREED TO BY THE APPLICANT, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 200,000 SQUARE FEET, AND AMEND CONDITION #I TO ESTABLISH AND ADOPT A LAND-USE CONVERSION MATRIX AND GENERAL LAND-USE AND DESIGN GUIDELINES FOR THE AREA WEST OF THE WATER MANAGEMENT TRACT AND SOUTH OF GARDENS BLVD.; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, 0 Florida Statutes; . Revised on: March 14,2002 Resolution 81,2001 These proposed amendments to the Development Order and the Master Plan do not constitute “substantial deviations” from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION I. The foregoing “whereas” clauses are hereby ratified and incorporated herein. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999, as amended by Resolution 25,2000 and Resolution 36, 2001, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. B. . .. The revised Master Plan contained in the City’s Planning &Zoning Division files and attached hereto as an Exhibit and incorporated herein by reference, is adopted as the official Master Plan for the Regional Center and attached hereto the Development Order: Proposed 02.25.02, Parcel 27.12 NOPC, 2001, Exhibit H - The Regional Center, Urban Design Studio. The Master Plan is specifically revised to reconfigure the alignment of Victoria Gardens Drive, relocate Parcel 6 to the eastern portion of Parcel 4, redesignate the current location of Parcel 6 as Multifamily Residential, reallocate the acreage of Parcel 7 to Parcel 2 in exchange for other consideration specified at the public hearing and agreed to by the applicant, increase the maximum possible square footage of commercial uses by 200,000 square feet, and amend Condition #lof Resolution 96, 1999, to establish and adopt a land-use conversion matrix, conditions and approved land-use activities for the Neighborhood Commercial parcel, and general design and land-use guidelines for the development of the area west of the water management tract and south of Gardens Blvd., as more particularly described in Exhibits “H,” “A,” “6,” and “C” and Diagrams 1 and 2 attached hereto. 2 Revised on: March 14,2002 Resolution 81,2001 SECTION 4. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner‘s Association, Inc., and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court or administrative official of competent jurisdiction to be unconstitutional, illegal, inoperative, or void, such holding shall not affect the remainder of this Resolution. SECTION 7. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS 7 DAY OF whet II ,2002. APPROVED AS TO LEGAL FORM AND SUFFICIENCY. 3 Prepared on: March 6,2002 Resolution 81,2001 - VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO AYE NAY ABSENT G:Talal/DRI-PCD-OO-Ol -cc-res 4 EXHIBIT A TO RESOLUTION 81 2001 PARCEL 27.12 NOPC LAND USE CONVERSION RATES From Intensity To lntenslty R & D Oflice Isf. Retail 0.435 sf Hotel 1 room Retall 248 142 sf AMENDED DEVELOPMENT ORDER CONDITION #1 Business Office . Hotel I sf. Retail 0.545 sf Business Office 665.124 sf 1 IOOJll 26.M)O sf 1.440.000 sf 1.123.287 sf 73.440 sf I 18 rooms/100.300 sr 1.813 du/1.813.000sT 1 k576.027 sf RANGE OF FLOOR SPACE ALLOCATlON FOR LAND USES USE MTNLMUE.! MAXlMUM 26.000 sf 1.640.000 sf 1.210.000 sf 235.200 sf 449 rooms/381.650 sP 1.813 du/1.813.000 sP 5,305,850 sf Neifzhborhood Commercial Renional RetailReRestaurant. Cinema Office - Business Qffce -Research Ser- &&J Besiden tis] TOTAL 26.M)O sf 1.440.000 sf 1.123.287 sf 73.440 sf I 18 rooms/100.300 sr 1.813 du/1.813.000sT 1 k576.027 sf Neifzhborhood Commercial 26.000 sf 1.640.000 sf 1.210.000 sf 235.200 sf 449 rooms/381.650 sP 1.813 du/1.813.000 sP 5,305,850 sf Renional RetailReRestaurant. Cinema Office - Business Qffce -Research Ser- &&J Besiden tis] TOTAL LSauare lootaw numbers are estat toodunit counts will be the actui LSauare lootaw numbers are estat toodunit counts will be the actui #I conversions require auoroval of the City Council throueh the site ulan review process. pIoy conversions of land uses oursuant to the Conversion Rates above will include a written notice to the Department of Community Affair Bureau of Local Planning and Treasure Coast Reeeional Plaminrr Council upon {be fline. of a develorrment anrrlication with the City of Palm Beach Gardens. All such conversions will also be addressed in the Annual Reoort. \\U~~~nvc~VDLI\COMMOM~~~i~~lCmlerDRNI. 12\docmdilionlrcvirrd.022802.upd LcQ5 EXHIBIT B TO RESOLUTION 81 2001 TRE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED NEIGHBORaOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry and Dry Cleaning Pickup Station Personal Services Shoe Repair PictureFraming Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate A1 A. 4. Direct vehcular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). EXHIBIT C TO RESOLUTION 81 2001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H RETAIL CONVERSION REQUIREMENTS Any use of the Conversion Matrix to increase Retail Use shall conform to the following requirements: 0 1. Retail may only be located as provided for on Exhibit H - The Regional Center Master Plan map. 2. 3. 4. 5. 0 6. 7. 8. Retail use other than quality or specialty restaurant must be a part of a multiple use project in which there shall be a mix of uses in the same building or in buildings linked by pedestrian plazas. Quality or specialty restaurant may be but are not required to be free-standing buildings. Multiple and mixed uses shall mean the project contains at a minimum two of the following uses: office, hotel, residential, or retail including theater and/or restaurant establishments. Discount Department Stores as defined by the Land Development Regulations Supplement 10 (as of the effective date of this resolution) are prohibited unless approved by the City Council. Retail use other than quality or specialty restaurant shall be designed in buildings that are connected physically by structure or by pedestrian plaza. Free-standing fast food restaurants and free-standing pharmacies/drugstores are prohibited. Please refer to Diagram 1 as an example of how this requirement may be fulfilled. Retail uses must be in buildings of varying stories, heights and size but with unifying architecture that promotes a sense of place and pedestrian orientation. Design elements of the buildings are to include defined entryways, awnings and/or canopies, balconies, outdoor seating, the use of color to articulate architectural variation, and other facade detail to avoid blank walls. Please refer to Diagram 2 as an example of appropriate architecture. Nothing in the use of the Conversion Matrix for additional retail shall limit the ability to developed up to 166 residential units in the location designated on Map H and as approved by the City Council through the site planning process. In addition, any retail use, single entity use, site plan design, or building architecture approved by the City Council shall be deemed to comply with these requirements. A building permit for a stadium seating multi-screen theater, no less than 55,000 square feet and no less than 2600 seats, shall be included within the first 100,000 square feet to be built. No more than one building permit can be issued prior to the building permit for the theater. The theater shall be diligently constructed, without owner delay, until completion. The Victoria Gardens BoulevaTd extension (between Kyoto Gardens and Gardens Parkway) and park improvements shall be started prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without owner delay until complete. The park improvements shall be approved by City Council resolution. The plan shall include provisions for street furniture, lighting, signage, landscape and hardscape features that create a unified sense of place for the entire park area as defined by Exhibit H, the DRI Master Plan. Common themed materials (color, logo identifiers, landscaping) shall be used to define the park area. Paver pedestrian connections shall be provided across vehicular crossings at Kyoto Gardens and at the intersections of Gardens Parkway and Valencia Gardens , and Gardens Parkway and San CristobalEairchild Gardens. The underpass pedestrian connection shall be enhanced to encourage cross access. The signage program shall be a comprehensive signage program integrating and furthering the intent of the 20-acre park function and purpose. The signage program shall be designed to raise public awareness as to the location and access of the park area to the public. The program shall include appropriate maps, directories, and symbols indicating recreational amenities and directing the public to the location of the accessible park area. ~~Uds~servcr\VOLI~CO1MMONVobs\RegiooaICcnlcrDRI\27 IZ\RctlilconvcrsionExC Res06 I200 I revlrcd 022802f wpd LCC3S - .- ~ / J 4 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. 2. RESOLUTION 105,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING RESOLUTION 96,1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DEVELOPMENT (PCD); AMENDING THE MASTER DEVELOPMENT PLAN TO ALLOW FOR MODIFICATIONS TO THE CONVERSION MATRIX TO ALLOW THE CONVERSION OF HOTEL ROOMS AND BUSINESS AND RESEARCH UNITS ON PARCEL 27.09 AND TO MODIFY THE ESTABLISHED MINIMUM THRESHOLDS FOR THESE USES WITHIN THE DRIIPCD; AUTHORIZING THE CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNER’S ASSOCIATION, INC., AND THE MALL RESIDENCE HOTEL, LLC; AND PROVIDING AN EFFECTIVE DATE. OFFICE TO NO MORE THAN 238 MULTI-FAMILY RESIDENTIAL WHEREAS, the City Council has received an application from The Mall Residence Hotel LLC to adopt an amended Master Plan and Development Order of the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes. These proposed amendments to the Development Order and the Master Plan do not constitute “substantial deviations” from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review. Date Prepared: April 27,2004 Resolution 105,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3. The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations 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. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96,1999, as amended by subsequent resolutions, shall remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. A. The revised Master Plan contained in the City's Planning & Zoning Division files and attached hereto as "Proposed Exhibit H -The Regional Center, Proposed NOPC 11.03.03" is adopted as the official Master Plan for the Regional Center DRI B. The Master Plan is specifically revised to amend the land use conversion matrix to allow the conversion of Hotel Rooms, Business Office, and Research and Development Office square footage to no more than 238 Multi-family Residential dwelling units on Parcel 27.09, and to modify the required minimum and maximum thresholds in the Range of Floor Spaces Allocation for Land Uses Chart on Map H to reflect a reduction of the minimum thresholds for: Business Office from 1,043,287 to 985,695 square feet (reduction of 57,592 square feet); Research and Development Office from 73,440 to 71,032 square feet (reduction of 2,408 square feet): 11 8 hotel rooms to zero rooms; and Increasing the maximum number of residential units allowed for the DRI from 1,813 to 2,051 dwelling units (increase of 238 units). The maximum height of any building on Parcel 27.09 shall be 140 feet. C. SECTION 4. TRANSMITTAL OF RESOLUTION. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner's Association, Inc., and the Mall Residence Hotel LLC. 2 Date Prepared: April 27,2004 Resolution 105,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 5. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this !7p day of ,2004. ATTEST: . -) _- - BY: P \ 'Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLl N VICE MAYOR RUSSO -- AYE NAY ABSENT J --- J- COUNCILMEMBER CLARK --- / COUNCILMEMBER DELGADO --- / COUNCILMEMBER LEVY -J- G:bttomey-share\RESOLUTlONSLnall residence hotel doa -reso 105 2004.d~ 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 Date Prepared: September 6, 2005 RESOLUTION 120,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE SITE PLAN APPROVAL FOR DOWNTOWN AT THE GARDENS LOCATED WITHIN THE REGIONAL CENTER DRI/PCD, AS DESCRIBED MORE PARTICULARLY HEREIN, TO MODIFY CERTAIN CONDITIONS OF APPROVAL; TO DEFER SOME ELEMENTS OF THE LAKE IMPROVEMENT PLAN, REMOVING THE CHILDREN’S GARDEN; MODIFYING THE HARDSCAPE AND LANDSCAPE TO COINCIDE WITH THE NEWLY-APPROVED ARCHITECTURAL THEME; REMOVING THE VIDEO WALL SIGN; ADDING A RIGHT-OUT EXIT POINT ONTO GARDENS PARKWAY; ADDING UNUSED REMAINING DRI ENTITLEMENTS OF 1,032 SQUARE FEET OF OFFICE SPACE TO THE SUBJECT SITE; 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 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City received petition SP-05-05 from Cotleur Hearing, agent for Menin Development, for an amendment to the site plan approval for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by deferring the installation of the bridge and raised stage to November IO, 2006; removing the children’s garden; modifying the hardscape and landscape to coincide with the newly-approved architectural theme; removing the approved video wall sign; adding a right- out exit point onto Gardens Parkway from the second garage floor to be approved administratively by staff; adding unused remaining DRI entitlements of 1,032 square feet of office space to the project; and to include a request for five (5) additional waivers; and WHEREAS, the subject site is zoned Planned Community District (PCD) Overlay with an underlying zoning of Commercial and Office; and WHEREAS, the subject site is part of the Regional Center DRI approved by Resolution 9, 1984, as amended most recently by Resolution 105, 2004; and WHEREAS, the Site Plan Amendment petition was reviewed by the Planning, Zoning, and Appeals Board on August 23, 2005, which recommended its approval by a vote of 4-3; and 3 3 4 5 6 7 8 9 IO I1 12 13 14 15 16 17 18 19 20 21 22 23 t 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 38 Date Prepared: September 6,2005 Resolution 120,2005 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 I. The Site Plan Amendment petition of Cotleur Hearing, agent for Menin Development, is hereby APPROVED for the Downtown at the Gardens project on the approximately 35-acre site located within the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD), as more particularly described herein, to modify certain conditions of approval; modifying the Lake Improvement Plan by deferring the installation of the bridge and raised stage to November IO, 2006; removing the children’s garden; modifying the hardscape and landscape to coincide with the newly- approved architectural theme; removing the approved video wall sign; adding a right-out exit point onto Gardens Parkway to be approved administratively by staff; and adding unused remaining DRI entitlements of 1,032 square feet of office space to the project, all as subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION: ALL OF THE PLAT OF REGIONAL CENTER PARCELS 27.12,27.14 AND LAKE VICTORIA GARDENS AVENUE AS RECORDED IN PLAT BOOK 94, PAGES 40 THROUGH 42, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Land-Use: 1. 2. 3. 4. Retail use other than quality or specialty restaurant use shall be a part of a multiple / mixed use building(s) linked by pedestrian plazas, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning) Discount department stores as defined by the City’s Land Development Regulations shall be prohibited on the subject site, unless approved by the City Council, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning) Freestanding fast food restaurants and freestanding pharmacies/ drugstores shall be prohibited, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning) A building permit for the multi-screen theater, no less than 55,000 square feet and no less than 2,600 seats, shall be included within the first 100,000 square feet to be built by the Applicant. No more than one building permit shall be 2 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 5. 67 - 67. - 78. - 88. Date Prepared: September 6, 2005 Resolution 120, 2005 issued for the entire project prior to issuance of a building permit for said theater. Said theater shall be diligently constructed, without owner delay, until completion, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center DRI. (Planning & Zoning, Building) Prior to the issuance of the first Certificate of Occupancy, 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. (Planning & Zoning) The applicant of the subject development shall have the sole responsibility * - I1 of 11 implementing and installing the lake improvement plan as reflected e#- ’ on the Lake Area Site Plan, dated September 9. 2005. and prepared bv Cotleur Hearing, attached hereto. Prior to the issuance of the first Certificate of Occupancy, #MI that portion of the lake improvement plan adiacent to Downtown at the Gardens development and for which said development is responsible, as shown on the Lake Area Site Plan, shall be fully completed, and all elements of said portion of the plan shall be installed- btm& The pedestrian bridge and the performance staqe on the west side of the lake shall be completed no later than November 10, 2006, bv the owner of Downtown at the Gardens. The remaininq two areas of the lake improvement plan east of Lake Victoria as reflected on the Lake Area Site Plan shall be completed no later November IO, 2006, unless prior to that date the owner transfers the responsibility for the improvements to the respective property owners with frontage on Lake Victoria. In this event, the timing of the installation of the respective portions of the plan shall be specified in the development orders or amendments thereto for the respective two properties. Anv maior modification to any element of the lake improvement plan must be approved bv the City Council. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the Applicant of the subject development shall obtain and provide the City with an agreement between the Applicant and the owners of Parcels 27.09 and 27.13 regarding the cost sharing for the implementation and installation of the lake plan. (Planning & Zoning) The Property Owners Association of the DRI shall be responsible for the maintenance of all the park improvements and all elements of the lake plan. (Planning & Zoning) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 Date Prepared: September 6,2005 Resolution 120,2005 - 944. Uses shall be limited to the list attached hereto as Exhibit “E.” The Applicant must receive approval by the City Council for any use that is indicated as a conditional use, prior to the issuance of a building permit for those tenant improvements. (Planning & Zoning) - 1044. Within sixty (60) days of the effective date of this Resolution, the Applicant will submit an “Operating Agreement” in a form acceptable to the City Attorney between the City and the Applicant, establishing the management and use of the Lake Park, including the plaza areas located east of Victoria Gardens Drive. The Operating Agreement will define such items as allowable uses, programming of events, public access, enforcement, and maintenance and will include provisions for review and modification. The Operating Agreement must be approved by the City Council prior to the issuance of the first building permit. (Planning & Zoning, City Attorney) - 1142. Prior to the issuance of any development permits, the Applicant shall obtain all necessary approvals and permits from NPBCID to facilitate the redevelopment of the lake tract (Park), including the necessary transfer of properties to the City of Palm Beach Gardens as contemplated by the site plan. (Planning & Zoning, City Engineer, City Attorney) - 1243. A total of seven (7) mobile site amenity / sales kiosks shall be permitted for the project. A maximum of three (3) of the seven (7) amenity / sales kiosks may be utilized within the lakefront plaza area of the project, on site only. All mobile site amenity / sales kiosks shall remain out of view from Alternate A1A at all times. (Planning & Zoning) - 1344. The Applicant shall ensure that the video sign located within the courtyard of the site is not visible from any public right-of-way, parking lots, or residential district, per Section 78-289 of the City Code. (Planning & Zoning) - 14%. The on-street parking within the Victoria Gardens Avenue right-of-way shall be free of charge and must not be assigned to any specific tenant on site. (Planning & Zoning) - 15%. The proposed awnings shall be of solid color and striped awnings shall not be permitted within the subject site. (Planning & Zoning) - 1647. If shopping carts are to be used on site, shopping carts corrals shall be provided by the Applicant and shall be screened from view by means of a wall and substantial landscaping. The corrals shall be constructed of solid walls and of materials compatible with the primary structures approved on site. (Planning & Zoning) - 1748. Shopping carts shall not be allowed to accumulate in any outside area, and shall be removed from cart corrals in a timely manner and relocated to storage areas inside building structures. (Planning & Zoning) 4 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4 27 20 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 e Date Prepared: September 6, 2005 Resolution 120,2005 - 1819. Within thirty (30) days of the effective date of this Resolution and subject to Planning and Zoning staffs approval, the Applicant shall provide revised floor and site plans to the City reflecting at least two and separate public restroom areas on the first floor of the subject site. (Planning & Zoning) Enerav Conservation: - 19N. Prior to construction plan approval, potable water conservation devices shall be incorporated into project buildings, per Condition 12 of the Development Order of the Regional Center DRI. (City Engineer) - 20a. Prior to construction plan approval, energy conservation measures identified in the Application for Development Approval (ADA) shall be implemented, per Condition 24 of the Development Order of the Regional Center DRI. (City Engineer) - 2122. Prior to construction plan approval, the subject project shall comply with the energy plan established by the Property Owners Association Architectural Review Board for the Regional Center DRI, per Condition 25 of the Development Order of the Regional Center DRI. (City Engineer) - 2223. Prior to the issuance of the first certificate of occupancy, the Applicant shall demonstrate that a full line of energy-efficient appliances and equipment will be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. (City Engineer) Landscaping and Environment: - 2324. 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 Alternate AIA, while remaining in compliance with CPTED principles incorporating view corridors for security purposes. (City Forester) 24%. Prior to any land alteration, all Gopher tortoises shall be relocated from the subject site to an acceptable alternate site approved by the City Forester. (City Forester) - 2526. The Applicant shall, in a cooperative effort, work together with the Police Department to implement, to the maximum extent possible, the CPTED recommendations contained in the CPTED report prepared by Paul Urschalitz and stamp dated by the City December 9, 2002. (Police Department) Enqineerinq: - 2622. Prior to the issuance of the first building permit, the Applicant shall submit a Master Pavement Marking and Signage Plan meeting the requirements of the City Engineer. (City Engineer) 5 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0 Date Prepared: September 6,2005 Resolution 120, 2005 27%. Prior to the issuance of the first building permit, the Applicant shall provide a letter of authorization from the appropriate utility owners allowing the Applicant to pave, landscape, and place stormwater management features, buildings, etc., within their respective utility easements. (City Engineer) - 2828. Prior to the issuance of the first building permit, the Applicant shall identify handicap ramps on the plans at all applicable locations. The Applicant shall provide ramp detail@) meeting ADA and FDOT standards and identify the curb ramp number from FDOT Index 304. (City Engineer) 29%. The Applicant shall maintain a minimum vertical height clearance of 13’ 6 for the covered drop-off areas and the entry arches to facilitate emergency vehicle access. (Fire Department) - 303.1. Prior to the issuance of the first Certificate of Occupancy, Victoria Gardens Boulevard from Gardens Parkway to Kyoto Gardens Drive shall be completed and accepted by the City. Construction of said roadway shall commence prior to or simultaneously with the first building permit for vertical construction to be built and diligently constructed without delay until complete, per Exhibit C of Resolution 81, 2001 of the Development Order of the Regional Center the DRI. (Planning & Zoning, City Engineer) - 3132. Prior to the issuance of the first building permit, all surface water management system elements consistent with the Unit 19 Conceptual Permit Modification issued by SFWMD shall be substantially completed in accordance with the construction-phasing plan and accepted by the City. The Applicant shall provide a phasing plan, construction plan, and supporting calculations for review and approval by the City, NPBCID, and SFWMD that certifies all phases of the surface water management system construction shall be equivalent to the Unit 19 Conceptual Permit. (City Engineer) - 3233. Prior to issuance of the first building permit, the Applicant shall submit to the City for review and approval a boundary re-plat and record said plat in the public records of Palm Beach County. (City Engineer) - 3334. The Applicant shall submit, at its cost, an annual parking study to determine actual parking demand at the site. The observed demand will be compared to the actual supply to determine if the provided parking supply is adequate to accommodate existing demand, plus expected demand generated by the uses that have not yet been issued certificates of occupancy. This calculation will include an appropriate buffer between parking supply and demand as recommended by either the Institute of Transportation Engineers, Urban Land Institute, or other recognized published traffic engineering organizations or resources. The first annual parking study must be submitted when Certificates of Occupancy for 80% of the project’s approved square footage have been issued. The parking study will be performed on an annual basis for a period of five (5) years. Said study shall be performed by an independent professional traffic engineer mutually selected by the Applicant and City staff. The precise 6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 d 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 6,2005 Resolution 120, 2005 methodology shall be agreed upon by both the Applicant and the City staff at the time the study is initiated. At a minimum, the study is to be performed during the peak season and during the peak operating hours on a Thursday, Friday, and Saturday (with the exception of the Christmas and Thanksgiving holidays), or as determined by the Growth Management Director. (City Engineer) - 3436. Should the parking study conclude that the available on-site parking is 90% or more occupied, then the Applicant shall provide a permanent (perpetual) solution to increase parking supply for the project that can include the construction of a second parking garage as shown on the alternate site plan referenced herein and attached hereto as Exhibit “D”, or other viable alternative means as approved by City Council. When the on-site parking is determined to be 90% or more occupied, the shared parking study provided by the Applicant shall be considered null and void, and the Applicant shall construct the required parking based on the number of spaces recommended by the above-referenced parking study, or as otherwise determined by the City Council. (City Engineer) - 3536. Prior to the issuance of any Certificate of Occupancy, the Applicant shall transfer to the City any surety for completed public improvements and post additional surety as necessary to secure 110% of the cost of construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, The City shall not release any surety posted by the Applicant for public improvements and the additional surety to be paid by the Applicant after completion of said improvements for a period of five (5) years from the date the subject development receives a Certificate of Occupancy of 80% of the approved square footage for the subject site. (Planning & Zoning) - 3637. Construction of the second parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, or provision of additional parking spaces by a permanent (perpetual) alternative means for the project as defined in Conditions 34 and 35, shall be completed within one (1) year of the determination that the on-site parking is 90% occupied. (City Engineer) - 3738. If the second parking garage is not completed as determined by the issuance of the certificate of completion within one year of the determination that the on- site parking is 90% occupied, then no additional Certificates of Occupancy or tenant occupational licenses shall be issued until said parking garage is completed. (Planning & Zoning, City Engineer) - 3833. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall construct all of the required improvements referenced in the traffic analysis for the project prepared by Kimley-Horn & Associates, Inc., dated May 2003. (City Engineer) 7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 6,2005 Resolution 120,2005 - 3948. The Applicant shall grant to the City a temporary construction easement 20 feet wider than the proposed footprint of the parking garage located on the west side of the entrance off of Gardens Parkway Boulevard, complete with access to a public roadway, as reflected on the “Alternate Site Plan,” Exhibit “D,” attached hereto. Said easement shall be conveyed to the City by a separate instrument within thirty (30) days from the date the City Council approves the additional parking spaces as determined in Conditions 34 and 35 above. Police: 4041.. Lighting locations shall not conflict with landscaping, including long-term tree canopy growth. (Police) 414-2. All lighting for parking lots and pedestrian walkways shall be metal halide. (Police) @. Non-glare building lighting shall be installed around perimeter on all sides and on pedestrian walkways. (Police) 4344. All entry signage shall be lighted. (Police) - 4445. The Applicant shall provide timer clock or photocell lighting for nighttime use above or near entryways and all exits, including emergency exits. (Police) 4546. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall provide to the City details of the commercial numbering system for emergency response purposes in an 8 %I’ X 11” map format. (Police) - 4642. Numerical addresses shall be illuminated for nighttime visibility and not obstructed, have bi-directional visibility from roadways, be unobstructed, and be placed at front and rear of business. (Police) 474.8. All ATMs on site shall comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police) 4848. All structures shall be target-harden to include buildings pre-wired for an alarm system; doors equipped with a metal plate over the threshold of the locking mechanism; rear doors have 180-degree peephole viewers; and perimeter doors equipped with hinges that utilize non-removable hinge pins. (Police) - 49433. The lighting design for the two (2) parking structures shall incorporate both vertical and horizontal luminance; provide lighting into the edges of parking stalls and over parked vehicles; provide vandalism resistant lighting fixtures; provide metal halide; provide lighting fixtures positioned to minimize glare; and provide lighting fixtures around the exterior of both structures. (Police) - 5054. All stairwells serving the parking garage shall have open metal handrails and steps. (Police) 8 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 a 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: September 6,2005 Resolution 120,2005 - 51 52. All elevators shall be equipped with emergency two-way communication. (Police) - 52e. Elevators shall not be equipped with stop buttons. (Police) - 5354. The Applicant shall work with the Police Department to develop a high- resolution digital closed-circuit security system with recording and photo processing picture or video printout capabilities. The system shall be designed to include a minimum of twelve (12) digital cameras, with the ability to be expanded if warranted by mutual agreement between the Applicant and the Police Department. Forty-five (45) days following the opening of the theater, the Applicant will conduct an on-site meeting with the Police Department for the purpose of confirming the most effective camera locations. The system shall be installed and fully operation within four (4) months of the opening of the theater. (Police) - 54%. Prior to the issuance of first Certificate of Occupancy, convex mirrors shall be installed in all stairwell and elevator areas. (Police) 55. At the discretion of the Growth Manaqement Administrator and with the approval of the Citv Engineer, a Certificate of Occupancy for Buildinq K, also referred to as “Whole Foods,” may be issued in advance of completinq all Site and Lake Area Site Plan improvements required bv this Development Order. (Planning & Zoninq) 56. Per Section 78-324 of the City’s Land Development Regulations, within six (6) months from the effective date of this Resolution, the Applicant shall install all landscaping associated with the center island medians and road shoulder on Alternate A1A from Gardens Boulevard to Kvoto Gardens Drive, based on the approved FDOT PGA Flvover Plans. The Applicant may be granted a three (3) month extension bv the Growth Manaqement Administrator, provided the Applicant has demonstrated proqress in the completion of the landscapinq. {Planninq & Zoninq) 57. Simultaneouslv with the installation of the Alternate A1 A roadway landscapinq, the Applicant shall remove the existinq sidewalk and install the meanderinq sidewalk adiacent to Alternate AIA from Gardens Boulevard to the site inqress/eqress off of Alternate AIA. (Planninq & Zoning) 58. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall install all buffers alonq A1A. Gardens Boulevard, and Kvoto Gardens Drive, and the west side of the Lake Area Site Plan. (Planning & Zoninq) 59. The Applicant shall copv to the City all permit applications, permits, certifications, and approvals. (Citv Engineer) 60. The construction, operation, and/or maintenance of any elements of the subject project shall not have any negative impacts on the existinq drainacle of surroundinq areas. If, at any time during the proiect development it is determined 9 Date Prepared: September 6,2005 Resolution 120,2005 by the Citv that any of the surroundinq areas are experiencina neaative drainaqe impacts caused by the project, it shall be the Applicant's responsibilitv to cure said impacts prior to additional construction activities in a period of time and a manner acceptable to the Citv. (Citv Enqineer) 61. The Applicant shall comply with all Federal Environmental Protection Aqencv {EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, includinq. but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as qenerally accepted bv the EPA and/or local requlatorv aaencies, for construction activities; submission of a Notice of Intent to EPA or its desiqnee; implementation of the approved plans; inspection, and maintenance of controls during construction: and submission of a Notice of Termination. Citv Enqineer) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 approves the following waivers: SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1. 2. 3. 4. 5. 6. 7. 8. Section 78-344(1)(1)a, Standard Space, to allow for a 9.5-foot parking stall width for the two (2) parking garages ) and all surface parkina areas on site. Section 78-153, Maximum Building Height, to allow for a height of 45 feet for two (2) story buildings, 62 feet for the theater building, and 75 feet for the arch feature. Section 78-344(e), Wheel Stops, to allow for head-to-head parking spaces by eliminating the wheel stops. Section 78-319(a)(I), Landscape Buffer Width, to allow a zero (0) foot buffer along Victoria Gardens Drive. Section 78-320(a)(4), Foundation Planting, to allow no foundation planting by entrances and service areas. Section 78-153, Street Side Setbacks, to allow for a zero (0) foot setback adjacent to Victoria Gardens Drive. Section 78-147, Outdoor Sales, to allow for up to seven (7) kiosks on site. Section 78-285, Permitted Signs, to allow for six (6) tenant signs for Building A, one (1) tenant sign for Building I; one (1) tenant sign for Building MI; one (1) tenant sign for Building M2; iKt$ four (4) project logo signs,; one (1) additional tenant sign on the north elevation for Building K; two (2) additional siqns on the bridge between Buildings A and B/C (facing north and south); three (3) additional signs on Building B/C (two (2) facinq northeast and one (1) facinq south); two (2) additional siqns on Buildinq D/E (facins north and southeast); two (2) additional 10 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Date Prepared: September 6,2005 Resolution 120, 2005 signs on Buildinq G/H (facinq east and south): and one (1) additional sian on Building I/J (facing north).. 9. Section 78-341, Intent, to allow for on-street parking along Victoria Gardens Drive. 10. A waiver from Section 78-285 of the City’s Land Development Regulations to permit seven (7) additional project identification signs located at four (4) different buildings within the project, as depicted in the Master Sianage Plan. 11. A waiver from Section 78-285 of the City’s Land Development Regulations to permit letter heights of 42 =inches for one (1) principal tenant sign for the theater on the west elevation of the project: and 42 inches for two (2) principal tenant siqns on the bridae connectinq to the theatre buildina. 12. A waiver from Section 78-315(b) of the City’s Land Development Renulations to permit more than nine (9) parking spaces between IandscaDe islands in areas alonq Alternate A-I -A. 13. A waiver from Section 78-313(e) of the Citv’s Land Development Reaulations to permit less than 100% screening for service court areas from public view. 14. A waiver from Section 78-319(b)(4) of the Citv’s Land Development Requlations to permit the proiect‘s landscape type to be less than the required threshold of 75% of the Citv’s preferred plant list. 27 28 SECTION 3. This site plan amendment approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 29 30 1. 31 32 33 2. 34 35 36 37 3. 38 39 40 4. 41 42 43 5. 44 45 46 6. Downtown at the Gardens, Site Plan Data, by Cotleur Hearing, revised lvbf6kW 3303 September I, 2005, Sheet I. Master Plan, by Cotleur Hearing, Sheet 3 (revised 2005). Sheet 4 ( (- September 12, September 12, 2005), and Sheet 5 Lake Area Site Plan, by Cotleur Hearing, revised May-224W3 Julv 6, 2005, Sheets 6 and 6.1. Site Details, by Cotleur Hearing, revised Jarwafy 28, 2003- , September 12, 2005, Sheet 7. Hardscape Plan, Courtyard Enlargement, by Cotleur Hearing, revised 2QQ3 September 12, 2005, Sheets 14 and 15. 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 4 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 6,2005 Resolution 120,2005 Second Level Floor Plan Bldqs. BIC and DIE Sheets A.2.B.2. and A2.D2.. Floor Plan Bldqs. GIH and IIJ bv JPRA Architects dated December 20, 2004. Exterior Elevations bv JPRA Architects, Sheets A.5A.1, A5.BDG.1, and A5.HIKL.1 (3 Paqes) dated Februarv 11,2005. 7. Photometric Plan, Downtown at the Gardens, by Brannon 81 Gillespie, LLC, dated October 31,2004. 8. Site Amenities, by CommArts, Inc., dated November 15, 2002, Sheets 1-9. 9. Master Sign Plan, by , JPRA Architects, dated hlrr\rdmhn: ?5, 2W n4 3~ 9- , Sheets 1-34-7. IO. Master Plan, "Ah. Plan Includes West Garage, by Cotleur Hearing, revised May 22, 2003. 11. Downtown at the Gardens, Cover Sheet and site and landscape plans, by Cotleur Hearing, Sheets 1 - 15, revised €M&w 23, 2% September 12,2005. 12. A Mixed Use Development Downtown at the Gardens, Perspective Views, Architectural Drawings, Building Signage Program, and East Garage, by OGS&P, Sheets AI.1, A2.1, A-3.1, A-4.1 - A-4.4, A-5.1, A-6.1, and PG-1, dated September 29,2003. 13. Landscape Plan. bv Cotleur Hearinq, revised September 12, 2005, Sheets 8 and - 9. 14. Landscape Plan, Courtyard Enlarqements, by Cotleur Hearina, revised September 12,2005, Sheets IO and 11. 15. Lake Area Landscape Pian, bv Cotleur Hearing, revised September 12, 2005, Sheet 12. 16. Landscape Details, by Cotleur Hearing, revised September 12, 2005, Sheet 13. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 91, 2003 not expressly modified herein shall remain in full force and effect. SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 12 . - . . . 3 4 5 6 7 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 a 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: September 6, 2005 Resolution 120, 2005 PASSED AND ADOPTED this Jy day of 4/re,&v ,2005. CITY OF PALM BE BY: ATTEST: BY: M Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: AYE NAY ABSENT J MAYOR RUSSO --~ / VICE MAYOR JABLIN --~ J COUNCILMEMBER LEVY --~ /- COUNCILMEMBER VALECHE --- J COUNCILMEMBER BARNETT --- \\Pbgsfile\Attorney\attorney_share\RESOLUTIONS\downtown at the gardens - reso 120 2005.doc 13 Downtown At The Gardens a CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 17,2004 The June 17,2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:08 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, 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 Jablin, Vice Mayor RUSSO, Councilmember Clark, Councilmember Delgado, and Councilmember Levy. ADDITIONS, MODIFICATIONS AND DELETIONS: Mayor Jablin reported Cotleur & Hearing had requested an addition, which was a waiver request for Borland Center and RAM Development to reduce the 23-day time requirement between hearing by the Planning, Zoning and Appeals Board and the first consideration by City Council. Deletion was requested of Resolution 138,2004. Councilmember Clark moved approval of the additions and deletions as read into the record by the Mayor. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. ANNOUNCEMENTS / PRESENTATIONS: Beautification and Environmental Awards - City Forester Mark Hendrickson introduced Donna Wisneski, Chair of the Community Aesthetics Board, formerly Beautification and Environmental Committee, who recognized other members of the committee and presented the awards. Recipients were PGA Commons for commercial, Frenchman’s Reserve for residential. Economic Development Oversight Committee - Dolores Key, Economic Development & Marketing Administrator, reviewed the first year accomplishments of the committee, which included identification of growth areas within the City and a targeted expedited permitting program, which had been instituted for business applications. The committee submitted recommendations regarding the Scripps project. Ms. Key reported that the committee had been designated to be an advisory board, and recognized the committee members. Vice Mayor Russo thanked Ms. Key, the City Manager, and other staff for their work. Ms. Key introduced the team who had attended Bio 2004, an international convention, which provided contacts of companies interested in the Scripps project. Other staff members reported the amazing response experienced for the project at the convention. Quarterlv Financial Report - Financial Director Allan Owens provided the quarterly financial report for the period ending March 3 1, including the general fund revenue and expenses, and performance of various funds. Workers comp claims were down and bonds for stormwater were in place; and other debt had been paid. New audit reporting requirements were in process. Proposed County Annexation Referendum - City Attorney Christine Tatum presented a draft of the County’s ordinance and explained that a workshop meeting was scheduled for the next week. The County would develop a map containing future annexation areas for all the cities; and proposed rural communities could only be annexed by a super majority vote of the County Commission and a referendum. The City’s response would urge the County not to establish this proposed referendum. Mayor Jablin reported he and Growth Management Administrator Charles Wu had attended a meeting regarding this at Juno Beach where several municipalities objected to this initiative. Councilmember Delgado reported Palm CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 2 Beach County League of Cities representatives from the whole county had put together resolutions of opposition. Vice Mayor Russo expressed concern that some form of control must be instituted before development in the groves, because of traffic concerns. Mr. Wu indicated this was a heavy-handed approach, and there should be another avenue for a solution. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported as a representative of Treasure Coast Regional Planning Council, she had invited staff to attend meetings of the Council regarding the Scripps project, and listed highlights of the work done to date. Councilmember Levy reported he had attended a meeting at the high school regarding the Scripps property, where contentious remarks were made because of environmental concerns. Councilmember Levy explained that the current use of chemicals in the orange groves was a more dangerous situation than would exist after development because stormwater runoff could be treated before it left the property after development. Vice Mayor Russo requested a report at the next meeting of the money the City had spent on the Vavrus property in case the upcoming closing did not take place. Councilmember Clark reported MPO had met that day and had voted to authorize DOT to consider various alternatives to extend State Road 7 northward to Northlake Boulevard. Proposed bike lanes had also been discussed at length, and the proposed plan for the Delray Beach area had been approved. Councilmember Clark requested time at the end of the meeting to discuss another matter. CITY MANAGER REPORT: Acting City Manager Jack Doughney reported City Manager Ferris was back a couple of hours each day and was also in contact via computer and was listening to this meeting. Mr. Doughney commended the Scripps team. Mayor Jablin also extended compliments to the team. Jim Jacoby was thanked for delivering the Right of Way Deed to Kyoto Gardens Drive that day. COMMENTS FROM THE PUBLIC: Joan Elias, 1009 Diamond Head Way, reported she had attended the Scripps meeting, and had been proud to be a resident, and commented this project would affect the City positively. Carol Estrada, 309 Riverside Drive, thanked the City for the progress being made on MacArthur Boulevard, commented on graffiti, and requested a detour sign at Lighthouse Drive and Alternate A1A. Mayor Jablin reported the graffiti had been painted out immediately. Vito DeFrancesco, 1049 Shady Lakes Circle, reported developers requested something and laws were being changed to accommodate them. Mr. DeFrancesco advised there was an upcoming proposed change in liquor licenses, proposed deletion of two public hearings, and the upcoming items to be considered by Planning and Zoning had been removed from the website, which had been a tool for residents to know what was coming up. Mr. DeFrancesco requested that information be placed back on the website. Mr. DeFrancesco thanked Councilmember Clark for his work on the Council, and also all the other Councilmember’s. Attorney Tatum addressed the public hearing issue, and explained no changes had been made in public hearing requirements. Staff was requested to provide Mr. DeFrancesco with the proper information regarding the public hearings issue. CONSENT AGENDA: Councilmember Clark moved approval of the Consent Agenda with inclusion of Resolution 138,2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The following items were approved on the Consent Agenda: CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 3 a. b. C. d. e. f. g. h. 1. j. Approve Minutes from April 15,2004 regular City Council meeting. Approve Minutes from May 6,2004 regular City Council meeting. Resolution 94,2004 - Benjamin School Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Benjamin School Plat; and providing an effective date. Resolution 123,2004 - Grande at Palm Beach Gardens Plat No. 2 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Grande at Palm Beach Gardens - Plat No. 2; and providing an effective date. Resolution 124, 2004 - Voluntary compliance of the Countywide Fire Rescue Minimum Level of Service Standards. A Resolution of the City Council of the City of Palm Beach Gardens, Florida expressing the commitment to comply with voluntary minimum fire-rescue level of service standards; and providing an effective date. Resolution 126,2004 - Military Trail Improvement Grant Fee waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida related to the Military Trail Improvement Grant Program; waiving all applicable building permit fees and development application fees for eligible projects; and providing an effective date. Resolution 132, 2004 - Proposed agreement between the City of Palm Beach Gardens and Evergrene Community. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for traffic control jurisdiction between the City of Palm Beach Gardens and the Evergrene Master Association; and providing an effective date. Resolution 133,2004 -Approve work authorization to LBF&H. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc. to provide geotechnical services, engineering, landscape, architectural, permitting services, and construction phase services related to the construction of the Bums Road Community Recreation Campus Aquatic Facility splash area; authorizing the Mayor and the City Clerk to execute the same; and providing an effective date. Proclamation - IAAP -- International Association of Administrative Professionals Florida Division Annual Meeting. Resolution 138,2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida opposing Palm Beach County’s proposed Charter amendments and implementing Ordinances which would preempt Municipal authority to voluntarily annex real property into Municipal boundaries; urging the Board of County Commissioners not to adopt such Ordinances; and providing an effective date. PUBLIC HEARINGS: The City Clerk swore in all those intending to testify in any of the quasi-judicial hearings. Resolution 1 19, 2004 - Frenchman’s Creek Clubhouse Amendment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment petition of Land Design South, agent for Frenchman’s Creek, Inc. for the clubhouse facility at the Frenchman’s Creek Planned Community Development (PCD), located East of Alternate A1 A, South of Donald Ross Road, and North of Hood Road, as described more particularly herein, to allow for the relocation of three tennis courts, increased vehicle and PART 1 -- OUASI-JUDICIAL CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 4 golf cart parking, a 512 square-foot expansion of the existing pro shop, and the addition of a refreshment stand; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution 1 19,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 1 19,2004 and called for any ex-parte communication by the Council. Councilmember Levy reported he had spoken with staff, Vice Mayor Russo reported speaking with Bernie Poselli, Mayor Jablin reported speaking with Bernie Poselli and other members of the Frenchman’s Creek community, Councilmember Clark reported no ex-parte communication. Brad Wiseman presented the staff report. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 119, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Ordinance 13,2004 -Borland Center for Community Enrichment 2”d reading. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 47 acres, more or less, located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein, from Planned Development area (PDA) to a Mixed Use Planned Unit Development (MXD PUD) overlay with an underlying zoning of mixed use (MXD) to be known as the Palm Beach Community Church/Borland Center PUD; revising the zoning district map; and providing an effective date. (Resolution 92,2004 is a companion item to Ordinance 13, 2004 and will require Council action.) Resolution 92, 2004 - Borland Center for Community Enrichment. 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 (PUD) utilizing non-residential mixed use intensities and measures; approving the master development plan for the approximately 47-acre property, known as the Borland CentedPalm Beach Community Church (a.k.a. Parcel 6.01A), 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 of64,533 square feet for a cultural center and church facilities (500-seat small theatedchurch 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. The City Clerk read Ordinance 13, 2004 by title. Mayor Jablin read a letter from the law firm of Holland & Knight, representative for the applicant, requesting a delay of 60 days. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 13, 2004. Ex-parte disclosures since the last hearing were as follows: Councilmember Delgado spoke to staff, Councilmember Levy spoke with Ray Royce about the agreement, met with Casey Cummings, Mike Gleaman, Bob Zucano, Hank Gonzales, Mr. Mann, and Kayhart Pinder and discussed drainage for the site, garage design, and traffic concurrency. He then had a phone conversation with Mike Gleaman later that day regarding traffic concurrency. Vice Mayor Russo reported he spoke to Ray Royce, Casey Cummings, Dr. Underwood, Richard Orman, Mr. Gleaman, and staff. Councilmember Clark spoke with staff and Casey Cummings regarding the settlement agreement. Mayor Jablin spoke with Dr. Orman and Casey Chmmings. Councilmember Delgado reported she had also spoken with Casey Cummings and Adrian Salee. Vice Mayor Russo reported he also spoke to Tom Keatis. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 5 Robert Davis, 1 18 Orchid Cay, advised that advertisements in the newspaper for changing zoning were very hard to read and should not be in the sports section. Mayor Jablin explained that size was due to cost. Dr. Davis suggested holding a meeting once a year to explain things such as the difference in MXD residential and MXD non-residential, PGA overlay, etc. Dr. Davis commented his understanding was the PGA Overlay amendment limited theaters to 500 seats except for churches, and suggested that might need to be discussed with Borland. Bruce Honick, Shady Lakes, expressed concern with Borland being able to utilize commercial zoning to build something not in Keyping with the feeling of a residential neighborhood . Vito DeFrancesco, Shady Lakes, distributed a copy of the City’s LDR’s and noted there was only one non-residential development listed in the comp plan and LDR, which was non-residential MXD, and read aloud the definition. Mr. DeFrancesco’s position was that the requested waiver was incorrect and would cause problems, and explained the undisclosed portion of the property bothered him. Margaret Smith, Thyme Drive, expressed concern regarding increased traffic since her back property went to Shady Lakes Drive, expressed concern regarding drainage, and requested mitigation of adverse impact to her property by some type of bamer and moving Shady Lakes Drive more to the east as soon as possible. Ms. Smith advised Mike Deskin and his wife had photos of an eagle’s nest in the area where the Borland Center was to be developed, but they were not present. Dr. Richard Orman, 4203 Oak Street, advised the PGA Residents’ Corridor Coalition had an agreement to work together with Borland, the Commons, and the City to put a pedestrian crossing on PGA Boulevard, asked that the PGA overlay include uses and intensity of uses before consideration by City Council, and commented Borland had agreed to be bound by the conditions of the PGA Overlay amendment and requested that be a condition of the development order. Mr. Orman indicated the eagle that had visited his neighborhood 3 of the last 4 winters had nested at the Ritz Carlton site, and he had not seen it this year. The City Attorney clarified for the record that the City was not a party to the settlement agreement that had been mentioned. There would be a public hearing August 5 if this public hearing was continued tonight, and the Council would make their decision based on the evidence presented to them. Ray Royce on behalf of the applicant commented each member of the Council would receive a signed copy of the settlement agreement and a letter requesting moving forward with the PGA Boulevard overlay and a waiver not to exceed a 500-seat theater. Mr. Royce requested this petition be continued until August 5, and indicated to be sure everything was handled properly that the applicant had agreed to go back to Planning and Zoning and then back to City Council. A waiver of the 23-day provision was requested so that the August 5 date could be met. Vice Mayor Russo stated he would not be present on August 5, and thanked everyone for working together. Councilmember Levy indicated he might not be present August 5. Councilmember Clark indicated he might not be present for other reasons. Mr. Morrell, who represented the PGA Corridor Coalition, three adjoining neighborhoods, and 13 individuals, agreed with everything requested by the applicant. Mr. Wu cautioned if this was continued until August 5 and there was not a quorum it would not continue. Consensus was to continue to July 15, when it could be continued again. Councilmember Clark made a motion to continue the public hearing on Ordinance 13,2004 and Resolution 92, 2004 to a date certain of July 15, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Resolution 139.2004 -A Resolution of the City Council of the City of Palm Beach Gardens, CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 6 Florida approving a waiver from Section 78-43 of the City’s Land Development Regulations to reduce the minimum 23-day waiting period for the proposed Borland Center/Palm Beach Community Church Development application for a parcel of land located along the North side of PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive, as described more particularly herein; and providing an effective date. The City Clerk read Resolution 139,2004 by title only. Major Jablin declared the public hearing open and called for ex-parte communication. Councilmember Levy reported he had spoken to the City Attorney regarding this matter. The other members reported no ex-parte communications. Vito DeFrancesco commented there had been procedural errors, some of which this might correct, but he wanted it on the record that it had happened, ex-parte had not happened, cross examination had not taken place, and a lot of things had not happened correctly. Mr. DeFrancesco expressed his opinion this had not been posted correctly because there was still no posting on the piece of property going up Shady Lakes Drive, which extended 1600 feet, and code required a sign every 500 feet. Ray Royce commented when these items were called to attention, it was clear everyone wanted to do it right and the applicant was not agreeing anything was done wrong but was willing to go back to P&Z to be certain everyone got heard. Mr. Royce commented all kinds of signs had been posted and neighbors had requested some of them be taken down, to which staff had agreed, but stated they would post so many signs you would not be able to see the trees. Mayor Jablin commented substance was one thing, and there had been no intention in any way to circumvent the code or any laws, and that was not done in Palm Beach Gardens. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Resolution 139, 2004. Motion was seconded by Councilmember Delgado and carried by unanimous 5-0 vote. Resolution 105.2004 - Amendment to the Regional Center DRUPCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending Resolution 96,1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community Development (PCD); amending the Master Development Plan to allow for modifications to the conversion matrix to allow the conversion of hotel rooms and business and research office to no more than 238 multi-family residential units on Parcel 27.09 and to modify the established minimum thresholds for these uses within the DRUPCD; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owner’s Association, Inc., and the Mall Residence Hotel, LLC; and providing an effective date. The City Clerk read Resolution 105,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Resolution 105, 2004, and called for ex-parte communications. Councilmember Delgado, Councilmember Levy, and Vice Mayor Russo each reported they had met with staff and had also spoken with John Gary. Councilmember Clark and Mayor Jablin both reported they had spoken with John Gary and John Sapo. Mayor Jablin reported he also spoke to Jim McCovey and Craig Menin. Growth Management Division Director Tala1 Benothman presented the proposed amendment. John Gary spoke representing Mall Properties, LLC, and Kolter Properties, who had entered into an agreement to purchase the property. Discussion ensued. Craig Menin, owner of the rest of the undeveloped property at the mall, indicated that property would be the place to have a high-end business hotel, which would be gone if this were approved. Mr. Menin asked that a conccptual site plan be attached to the NOPC. Dr. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 7 Robert Davis commented he was at Planning and Zoning during consideration of Landmark and they were told that was the last residential area allowed in the DRI. Dr. Davis expressed his opinion changes should not be done over and over again, and questioned if this would really be the last of the residential. Mr. Benothman clarified past statements by staff. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Resolution 105, 2004 with the amendment of adding a paragraph “c” in Section 3 to provide that the maximum height of any structure on parcel 27.09 shall be 140 feet. Councilmember Delgado seconded the motion. Councilmember Levy stated for the record that he agreed with the amendment; however, he was going to vote against this and did not want it to be known that he voted against the amendment. Motion carried by 4-1 vote, with Councilmember Levy opposed. Following a short break, the meeting was reconvened. Ordinance 14. 2004 -Amendine. section 2-294. code of ordinances entitled “bidding threshold” (2nd readinn). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to purchasing; amending Section 2-294, Code of Ordinances entitled “Bidding Threshold”; creating a new Section 2-295 to be entitled “Purchasing Procedures”; repealing Sections 2-301 through 2-304, inclusive, in their entirety; providing for codification; and providing an effective date. The City Clerk read Ordinance 14,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 14, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Ordinance 15,2004 -Personnel System Qnd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the Personnel Program; repealing Articles 1 through 10, inclusive, of Chapter 3, Code of Ordinances; creating a new Article 1 to be entitled “Personnel System”; providing for codification; and providing an effective date. The City Clerk read Ordinance 15,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 15, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 15, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Ordinance 22. 2004 -Repealing Article 111 of Chapter 70, Code of Ordinances. entitled “Parking, Stopping. and Standin$’ (2”d readinn). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to parking; repealing Article 111 of Chapter 70, Code of Ordinances, entitled “Parking, Stopping, and Standing” in its entirety; creating a new article 111 of Chapter 70, Code of Ordinances, to be entitled “Parking, Stopping, and Standing;” providing for enforcement; providing for codification; and providing an effective date. The City Clerk read Ordinance 22,2004 by title only. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 22, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to place on second reading and approve Ordinance 22, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. RESOLUTIONS: PART I1 - NON-OUASI-JUDICIAL CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 a Resolution 128.2004 -Approve a contract award to West Construction. Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to West Construction, Inc. for the construction of the Lake Catherine Sports Complex clubhouse and all related appurtenances; authorizing the City Manager to take all actions necessary to complete the project in a timely manner, including, but not limited to, administrative site plan approval, as well as to make all expenditures necessary to complete the project, provided that the amount of such expenditures does not exceed the total amount budgeted for this project; and providing an effective date. Todd Engle, Construction Services Director, presented the staff report. Mayor Jablin requested consideration of replacing one existing flagpole with a taller flagpole for the American flag. Vice Mayor Russo moved approval of Resolution 128, 2004. Councilmember Clark seconded the motion, which carried by unanimous 5-0 vote. ITEMS FOR COUNCIL ACTION/DISCUSSION: Mayor Jablin reported the Northern Palm Beach County Improvement District was going to elect two new members to its board next Wednesday and he had pushed to get a homeowner representative on that board. Of the three candidates, Marilyn Jacobs would fit that criteria, and Mayor Jablin asked that he be able to write a letter of support for her. The attorney advised the Council could vote their property. Discussion ensued. Consensus was a letter could be written by the Mayor personally, but not on City stationery. Councilmember’s Levy and Delgado indicated they were not comfortable endorsing a specific candidate. Discussion ensued. Councilmember Clark made a motion that the City of Palm Beach Gardens vote its property interest in the Northern Palm Beach County Improvement District election in favor of Marilyn Jacobs. Vice Mayor Russo seconded the motion, which carried by 4- 1 vote, with Councilmember Delgado opposed. Mayor Jablin advised this issue would be discussed further during the budget process. Councilmember Clark announced that after 1 1-1/2 years of service on the City Council, he and his family were under contract to purchase 5 acres outside the City where they could raise horses, and he would continue to serve on the City Council so long as he maintained his residence within the City, but when he no longer maintained residence within the City he would resign. Councilmember Clark noted he would coordinate when he knew dates, to reduce costs to the City in terms of having to hold a special election, and although he was excited about a new venture, he was pained by having to leave the Council and had not intended to do so. Councilmember Clark noted August 3 1 was the first date a special election could be held and that other circumstances could make a 4-person council for up to four months, and indicated he was trying to work with the Council and would do his best to ease the transition. Mayor Jablin expressed his opinion that Councilmember Clark had been an incredible addition to this City Council, and anything the City could legally do to keep him on the Council so as not to hold a special election would be done, since there were many projects coming up this summer. Vice Mayor Russo expressed his regret at losing Councilmember Clark but admired that he was doing something for his family, and indicated the Council would be happy to do whatever they could. Councilmember Delgado applauded the decision for his personal life and indicated he would be missed. Councilmember Levy commented he would miss having two David’s on the Council. On behalf of Mr. Ferris’s staff, it was stated Councilmember Clark would be missed. Mr. Wu commented if Caloosa was annexed, Mr. Clark would be eligible to run again. Joan Elias recalled the first Council meeting she attended under Mayor David Clark, and indicated it had been a pleasure CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 9 watching him over the years and she hoped his new home would not close for another 3-4 months. Mayor Jablin commented the photographs of all the past mayors would be re-fiamed and included as part of the history of the City. CITY ATTORNEY REPORT: City Attorney Tatum reported the City had had a tremendous success in the Vavrus case, with the judge ruling in favor of the City on each of the ten counts that Mr. Vavrus had brought against the City. The City still had a pending count that asked for a mandatory injunction to abide by the City’s code and also to re-forest the northern 225 acres that were cut down. The judge had asked both sides to submit proposed orders and he would rule on them without any more hearings, but the City was hopeful they would get additional relief there. The City would file to seek recovery of some of their attorneys’ fees, which would go to the League of Cities, which had been covering the attorneys’ expenses. Attorney Tatum recognized the work of staff on this case, especially City Forester Mark Hendrickson who had assembled thousands of documents and sat representing the City and did a remarkable job, and also congratulated the litigation attorney, Rusty Roberts, whose dedication had been commendable. The final judgment in this case would be filed as part of the summary judgment in the Federal court case, scheduled to be heard this summer. Mayor Jablin congratulated Attorney Tatum and everyone on staff who was involved. ADJOURNMENT: There being no further business to discu ting was adjourned at 1050 p.m. /-2T% APPROVAL: - MAY~ABL VICE MAYOR RUSSO C UNCILMEMBER DELbADO id,.. ’Ue- COUNCILMEMBER L~Y ATTEST: 0 CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/17/04 CITY CLERK- 10 PROJECT NARRATIVE Gardens Pointe/Parcel2 7.09 IQ 7m 1 ") Revised March 1,2006 Requesthocation This is a request for Site Plan approval of Gardens Pointe (a.k.a. Parcel 27.09) within the Regional Center DRI. The proposed plan of development is for 240 multi-family units on 6.64 acres. Gardens Pointe is located on the northwest corner of the intersection of Fairchild Gardens Avenue and Kyoto Gardens Drive. The site is surrounded on the north by the Landmark residential towers, on the west by Downtown at the Gardens, east by Fairchild Gardens Avenue and the south by Viridian Office Park and the Palm Beach Gardens Medical Pavilion. The community is comprised of 214 condominiums within two towers, which are encircled by 26 two-story town homes. The towers respect the 140 feet maximum height established by Resolution 105,2004. Included in the design of the project is a community clubhouse facility. History Parcel 27.09 is the last remaining parcel to be developed within the Regional Center Development of Regional Impact and Planned Community Development. On June 17, 2004 Resolution 105,2004 was approved to allow for modifications to the conversion matrix to allow the conversion of hotel rooms and business and research office to no more than 238 multi-family residential units on Parcel 27.09 and to modify the established minimum thresholds for these uses within the DRVPCD. The San Matera and Harbour Oaks projects within the Regional Center were approved by Administrative Amendments which lowered the overall density by three dwelling units for this project. Two of these three units are being transferred to the Gardens Pointe site for the final count of 240 units for the site. As part of the Resolution 105, 2004 approval, the maximum height of any building on Parcel 27.09 is limited to a maximum of 140 feet. The proposed building height is consistent with this approval. Land Use and Zoning The PCD master development plan has an underlying zoning category for this site of RH - Residential High Density. Following is a chart which compares the proposed development to the RH code requirements. The PCD is also in compliance with all environmental ordinances of the City of Palm Beach Gardens. Surrounding Uses The site is surrounded on the north by the Landmark residential towers, on the west by Downtown at the Gardens, east by Fairchild Gardens Avenue and the south by Viridian Office Park and the Palm Beach Gardens Medical Pavilion - all within the Regi nal Center DRI. eln' OF PAlM BCH GDNs MAR 01 2006 0 Gardens PointeParcel27.09 March 1,2006 Page 2 0 ZONING PCD Existing Zoning and Land Use Designations FUTURE LAND USE DRI/PCD EXISTING USE PCD PCD SUBJECT PROPERTY: Vacant DRVPCD DRI/PCD TO THE NORTH : The Landmark - 166 condominiums within three residential towers ~~ ____ ~~ TO THE SOUTH : Viridian'Office Complex and Palm Beach Gardens Medical Pavilion TO THE EAST : The Gardens Mall TO THE WEST : LakeDowntown at the Gardens PCD DRVPCD PCD DRVPCD Concurrency Traffic, Drainage and Utility Concurrency for this site were granted at the time of DRIRCD approval. Traffic No operational traffic improvements are required as a result of the development of this parcel. Site Access and Circulation Roadway access to the site is via entrances off of Fairchild Gardens Avenue and Kyoto Gardens Drive. The main entrance will be from Fairchild Gardens Avenue with the secondary entrance from Kyoto Gardens Drive. Extensive pedestrian access throughout the site has been provided through a system of sidewalks which connect the buildings and town homes to the site's open space and the recreational amenities. Sidewalk connections have been provided at numerous places to the pedestrian system around the adjacent lakes which connects the Downtown at the Gardens project with The Landmark and the requested Gardens Pointe development. The applicant, consistent with the approved master plan for the Regional Center, has provided public Gardens PointeParcel27.09 March 1,2006 Page 3 1Q ,A 0 access open space along the adjacent lake and adjacent to Kyoto Gardens Drive, which further enhances this public lake park. Phasing Development of this parcel will be in a single phase. However, the construction will be conducted in four phases. The initial phase will consist of the northern tower, the adjacent nine town homes and the clubhouse facility. The second phase consists of four free-standing townhouse units. The third phase consists of the southern tower and the nine adjacent town homes. The final phase completes the project with two, free-standing town homes. Construction phasing is expected to overlap. Use: PCD Min Lot Width Max Lot Coverage Max Building Height Min. Open Space Front (S. Prop. Line) Kyoto Gardens Drive Side Facing Street (E Prop Line) Fairchild Gardens Ave. Side (w. Prop Line) Code Comparison (RH) 100 feet 35% 45 feet 140 feet per Resolution 105,2004 35 % 30 feet, plus 1 foot for each foot over 2 stories (142' to towers) (30' to town homes) 20 feet, plus 1 foot for each foot over 2 stories (1 32' to towers) (20' to town homes) 20 feet, plus 1 foot for each foot over 2 stories (132' to towers) (20' to town homes) Proposed 420'+ 35% 139'-10" feet 39.44% 64' to tower 38' to town homes 40' to tower 30' to town home 20' to tower 23' to town home Compliance Yes fiom resolution Yes no no Waiver Requested yes fiom RH residential yes for tower yes for tower yes for tower Gardens Pointe/Parcel27.09 March 1,2006 Page 4 1Q 3885 Yh 0 I I Use: PCD I Code Comparison 0 Rear (n! Prop Line) 20 feet, plus 1 foot for each foot over 2 stories (132' to towers) (20' to town homes) Proposed Compliance 80' to tower no 20' to town home Number Required 1 space per bedroom plus 514 5% of total for guest - 498 required 10 feet x 18.5 feet 9.5 feet x 18.5' Stall Dimensions 10 x 18.5' and 9.5 feet x 18.5 feet 9x23 9 x 23 no Yes Bufers 20' landscape strip along 20' along Fairchild Gardens and 20' Kyoto Gardens Drive Points 10,768 points 12,802 points rlw Yes I I I Waiver Requested ~ yes for tower yes, for 9.5 foot wide spaces Architectural Style This new community will feature two twelve-story high-rise Mediterranean style towers each consisting of nine (9) residential floors over three (3) levels of covered parking, with wrap- around townhouses and free-standing town homes. The site will be served by a public promenade and water feature along its western property line providing this premier project with continuous access to other on site amenities such as covered walkways, a private Mediterranean style clubhouse with casual sit down bar, social lounge, fitness center, pool and spa amenities. The two Mediterranean style towers contain 214 luxury high-rise residences with a maximum of 15 units per floor. Each of the two 140' towers are complimented by ten (10) low rise townhouses with 6 freestanding townhome residences, partially wrapping the parking garages, providing a more intimate residential scale and pedestrian friendly streetscape for the community. The high-rise units range in size from 1 , 185 to 2,637 square feet. The townhouses and town homes range in size from 2,185s.f. to 3,150s.f. featuring lush landscaped streetscapes, private garages, and private roof terraces with trellis. The total cost of construction represents approximately 50 million dollars with a total build out of 240 luxury residential units. Gardens Pointe/Parcel27.09 March 1,2006 Page 5 e Lighting Street lights will be field located to avoid conflicts with street trees and utilities. Lighting photometrics plans have been provided for your review. The applicant is seeking a waiver to allow for higher light levels within the parking garage for heightened vehicular navigation and general safety. Landscape Plans Proposed landscape planting includes a wide variety of palms, live oaks, various tropical shrubs and groundcovers. The applicant is proposing 12,802 landscaping points, which is over the landscaping points requirement however, does not include the 2,444 points for the Lake Plan Landscaping. The landscaping at the northwest corner of Fairchild Gardens Avenue and Kyoto Gardens Drive has been designed to reflect the corner landscaping treatment found within the Regional Center DRI. Parking Required parking is calculated based on a requirement of one space per bedroom plus 5% for guest parking. The parking requirement for the site is 498 spaces and the applicant is providing 514 on the submitted site plan application. All surface parking have been revised to reflect the standard 10-foot wide space. The majority of the parking spaces are provided within parking garages based on the bottom three floors of each residential tower. The free-standing town homes will feature garages and on-grade parking. Parallel parking has also been provided the project entrance off of Fairchild Gardens Avenue. Signage Two monument signs are proposed within the project. The main monument sign will be provided within the median of the Fairchild Gardens Avenue entrance. A second sign will be located at the secondary entrance off of Kyoto Gardens Drive. MaiVGarbage Mailboxes will be centrally located at the clubhouse. Garbage pick up will be through dumpsters located within the parking garage, which will be rolled out of the garage for service by Waste Management. The free-standing town homes will feature curbside service. Gardens PointeParcel27.09 March 1,2006 Page 6 0 WAIVERS Justification Statement Deviations fiom standard Land Development Regulations have been facilitated through the site plan approval process as part of the Planned Community Development District site plan approval process. The code allows and encourages ingenuity, flexibility and imagination in the design of development parcels within a Planned Community District. In turn for the consolidation of open space within a PCD, the code creates the need for flexibility in the application of setbacks and other standard Land Development Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations at its inception. FRONT SETBACK The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Front, which requires a setback of 30 feet plus one foot for each foot of building height over two stories. The front setback for purposes of this project is measured along the Kyoto Gardens Drive right-of-way. The applicant is requesting a front setback, measured from the side of the town home at the southeast corner of the site, of 38’ to Kyoto Gardens Drive, which is consistent with City Code requirement of 30 feet. For the proposed south tower, the requested front setback is 64 feet. The required setback using RH standards is 142 feet for the residential tower. With the provision of the townhouses on the project, the applicant is providing a “stepped” massing of the buildings on the site from the adjacent properties. This will create less of an impact on the surrounding streetscapes than only the residential towers. 0 SIDE (FACING STREET) The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Side (Facing Street), which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Fairchild Gardens Avenue right-of-way. The setback proposed for the tower is 40 feet, while the tower’s setback requirement is 132 feet. Please note that the town homes meet the side street setback requirements. The current code does not address residential towers, which is a relatively new development pattern within the City. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City’s commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. 0 Gardens PointeParcel27.09 March 1,2006 Page 7 0 SIDE The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Side, which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Regional Center DIU lake feature. The setback proposed is 84 feet for the northern tower, while the setback requirement is 132 feet. The current code does not address residential towers, which is a relatively new development pattern within the City. The town homes surrounding the towers meet the Code setback requirements and provide for a step pattern of building massing which decreases the impact of the proposed buildings on the surrounding properties. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City’s commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. REAR The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RH- Residential High Density District, Table 10, - Minimum Building Setback - Rear, which requires a setback of 20 feet plus one foot for each foot of building height over two stories. The side street setback for purposes of this project is measured along the Fairchild Gardens Avenue right-of-way. The setback proposed is 80 feet, while the setback requirement is 132 feet. The town homes surrounding the towers meet the Code rear setback requirements and provide for a step pattern of building massing which decreases the impact of the proposed buildings on the surrounding properties. The residential towers provide for a luxury, residential condominium housing alternative in the midst of the City’s commercial area. This mixing of uses encourages pedestrian activity and reduces trips on the area roadways. Please note that the applicant is providing 12,802 landscape points which is more than the City’s landscaping requirement. 0 MINIMUM PARKING DIMENSIONS The applicant is requesting a waiver from Section 78-344 of the City Code in order to provide a minimum 9.5 foot wide parking spaces within the parking garages for the proposed north and south towers. City code require 10-foot wide parking spaces. All of the on-grade parking on the site meets City code requirements. Only 21 spaces in the north tower and 23 spaces in the south tower will be at the minimum dimension of 9.5 foot wide. The 9.5-foot wide spaces within the parking garages are within the industry standards for construction of parking garages across the country and allowed within other garages approved within the City. In fact, 9 foot wide space is typically the standard for a garage. The waiver is requested due to structural requirements for column placement in the garage. Gardens Pointe/Parcel27.09 March 1,2006 Page 8 0 PERMITS PRIOR TO PLATTING The applicant would like to request a waiver from Section 78-441( c ), to allow the issuance of building permits prior to the plat being recorded. Section 78-441 ( c ) requires: “All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and placed in the official records of the county prior to the issuance of a building permit for the subject property.” It is the applicant’s desire to start construction of the sales trailer and a dry model upon site plan approval. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no dwelling units can be sold until the plat is recorded. The applicant is willing to provide for a bond for the cost of demolition of the units in accordance with previously approved waiver of this type. PARKING GARAGE LIGHTING The applicant is requesting a waiver from City Code Section 78-182 to allow for higher lighting 0 levels than are permitted by Code within the parking garage. City Code requires the maximum foot candle within parking lots to be 10.0 foot candles. The applicant is proposing a maximum of 46.8 foot-candles within the parking garage. The increase in individual foot candles within the parking garage will allow for heightened vehicular navigation and general safety. In previous development reviews, the City’s Police Department has expressed support for this waiver request. BUILDING HEIGHT The applicant is requesting a waiver from City Code Section 78-141 to allow for a building height of greater than 45 feet for the two proposed towers. Please note that building height for this parcel was discussed and approved by City Council through the adoption of Resolution 105, 2004, which includes a condition of approval which states, “The maximum height of any building on Parcel 27.09 shall be 140 feet.” The proposed towers within Parcel 27.09 (Gardens Pointe) have a maximum height of 140 feet, which is in compliance with the previous City Council discussion and approval. STACKING City Code Section 78-344(h) - Entrances and exits required stacking distances of “100 feet, or as otherwise approved by the city engineer.” The applicant is requesting a waiver for a minimum stacking distance of 64 feet. There are two entrances off of Fairchild Gardens Avenue less than 100 feet. The main drive entrance has 94 feet of stacking and the north parking area has 63 feet Gardens PointeParcel27.09 March 1,2006 Page 9 0 of stacking. Stacking requirements are directly related to the traffic volumes of the entrance. The north parking lot only serves to 23 parking spaces so has minimal volumes. The main entrance would be classified as an intermediate drive with volume counts of 500 to 2000 trips. Intermediate drives are required to have 50 feet of stacking. Both of the Fairchild Gardens entrances exceed this county requirement. Thus 240 units at 7 daily trips is 1,680 trips, well within the classification (note each unit has 7 daily trips associated with it). Consequently, we are asking for a waiver of the 100 feet of stacking since these two driveways can be considered as intermediate drives based on County standards. LANDSCAPE AREA DIMENSIONS The applicant is requesting a waiver from City Code Section 78-287 ( c) to allow for the proposed monument sign to be located within the median at the project entrance. The referenced code area defines the minimum landscape area for a monument sign, but does not address any variations associated with the provision of median sign locations. As indicated on the attached plans, the median sign location is landscaped with quality materials and the applicant is providing in excess of the minimum landscape points. This is a typical waiver request and this request has been supported by City staff. 0 GARDENS POINTE BREAKDOWN Model # Bedrooms Bathrooms SF # of Type 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 THA THB THC THFS iUBTOTAL 2 3 2 2.5 3 3 2 2 2 2.5 2 2.5 I 1.5 2 2 2 2.5 1 1.5 1 1.5 1 1.5 2 2.5 2 2 1 1.5 2 3 2 2.5 2 2.5 2 2 2 2 2 2 2 2 2683 2338 2752 1785 2057 2277 1221 1960 2045 1285 1602 1463 2132 1904 1459 2805 2289 2562 2078 2751 2347 2595 20 20 20 42 18 12 6 18 10 10 4 6 4 2 4 2 8 8 16 2 2 6 240 SUMMARY 20 3 BR 3BA (2752SF) 22 2 BR 3 BA (2683 to 2805 SF) 168 2 BR 2 12.5 BA (1904 to 2752 SF) 30 1 BR 1.5 BA (1285 to 1602 SF) . I € --?- r L F c- >- 1) e 4 c I .-. \ m I D! 9 cd B i\ 8'-4" m ll c: 0 ! ifn Ii TI-4 6 ". -lJ Z I rD ~ SALES CENTER - SITE PLAN SCALE: 1" = 10'-0" LandscapeArchitureSitePlanning *:. CC-0- I -Y LandscapeArchitureSitePlanning __. 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GLASS AND wu. 1 PITTSBURGH PAINT JUTE 314-5 W 10LEFT TOWNHOUSE ELEVATIONS 05 LEFT TOWNHOUSE ELEVATIONS AF-3.1.1 5 1 i i 5 F r ✓ e r "(—r —�r r e r - r • r ./— I r r r ✓ r r r 11. r r r Cr r r■ r r r r r r • r r r e r r r e r r e e r r r r r e v e r e r r re rr r r r A M E N r r r r r et cr e e r e e l re r re ✓ r e▪ r• r• r• r e r e r• r r , e r r i I I i i 1 P 1 3 I 1 i i • 5 1 a I I i 3 I 1 I i 5 I ✓ r r r r r r r I- -- r ✓ r/?r r r e r e r ✓ r r e� r r r r r ✓ r r w e r e ti . ✓ Or l e t t e r ✓ r r ✓ Cr ✓ I C E I SITE PHOTOMETRIC PLAN SCALE 11-30'-0" I GARDENS POIIN7E Parcel 27.09 Palm Beach Gardens,Merida ACI Architectural Group, Inc 515 f10RT2 PLBLPR DRIVE SUITE 1400 WEST SLIT 6fA(Ii.FLORIDA 55401-4359 Voi/e(561)872 5599 fax (561)655 4828 It 1 I I 6 i I I e F I 1 i i f 1 3 i i I I I GARAGE GROUND LEVEL OVERALL PHOTOMEIRC PLAN SCALES 1/18•4-0* GARDENS POIIV7E Parcel 27.09 Palm Beach Gardens,Merida ACI Architectural Group, Inc 515 f10RT2 PLAiLPR DRIVE SUITE 1400 WEST SLIT 6f A(11 FLORIDA 55401-4359 Voi/e(561)872 5599 fax (561)655 4828 Z-Nd 1 iw N —m 4 , ....... lyl wl al wl nl 41 ION 1114.111111 +.a`r ar,.444 *II a.w 1 i 1414_l lUil a'"il -m .rl ...l 4.1 CL w4a114d ar 4.1,441 4.144.8 414.4 sounamatia Id g P !- i _# = N � ice . � � .. 61. . _ � aw : v g .tr n n n na •n,n.pl 19n n•nom.I`n n�n�n n.1141 leer n n n no � ++ — ;,,§b 11. .1.1"W:1:-:I 47:14-:P.s'I I ItHi 1\'.:441 1*1 ,0 0 i _1 4 4194 44,44: 4 1 i a,, x :49:C, ,wMP.Q n +4 , ' , MO—....ET:7 Isi ,w h 1 31Nif15N10 , ••n •n,nnn +�pop m, -. 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Qd al ; �9, 1111111111 ; .0÷.111/1 81V0B MV'Id C 1-9110L Hd TIVIHIW 13A31 ]B 4 Z f a Y 7 • ti E mommummummommummummuffiffiln • ® Li , A A A A. a a J a a J a A A A L J 1�L 0 r 0 a A A L a 0 .. a N Da,7 _--�.. � 0 N 10 : I 0 ajIaaa1 J La„ 1 J 1 I,L aa,aal L ,0 ^ aJ Jalaaj I�II111■■ Am 11 0 AIM aaiJaJaiO E 0 Q a`•••••0 -'. 0 a L 4.1 1:•):a J a a J a a L,A01 i 13 - 0 : : 0 h ! — 0a L aaJa#laa:a:aL Ja.J,a L a0 QLama. ! 3 I 6d e6 C i 6t 01 i P t� I r r ri r r,,f i tr. r rrrr 0 Mirr ,rrrr' rr� ✓r r r _v000r oo !11 ✓r r r •r•r r r ••• IIIViIIIiIIVIIViIIIiIIVIIViIIIiIIVIIViIIIiIIIIIIViIIIiIIIiIIIIiJlillliilll�llillliilllilllillliilllilllillliilllilllillliilllilllilll IIiiIIIiIIIiIIVIIViII GARAGE TEED LENS OVERALL PHOTOMETRIC PLAN SCALE 1/14-0' GARDENS PDINTE � � Parcel 27.09 Pabst ACI Architectural Group, Inc 515 110131 1L882)4 DRIV)SUITE 1400 WEST MLA 3181)I,FLORIDA 25401-4)59 Voce(561)832 5599 Ox (50)65)4828 110111111111_,=;13: "�, �� A A A A A A—A IA 1 l 'I '11:11-1:-111-I:-III-111'I:'111' °+ U•r1••1•••[ •[ "-I :- iii- ii. .... 1 1■_�1 1-I��I I .A ate ..................../ .e.e- :cc.:o1®10:o1 e- 0-0-l e e e 11 e e e A_I A.A ■o■o■o■o■®■o■o■ PI :A:A1 1.111111111111111111 A A o= =9m gm Cm INN Om 9-19m Aim -11'.11-1:Ii:111:1:111:111:1.1:111:11�I •M1I•=•5 i[•1 L11.1=ICI11.I::1:1ILILIIL111i •ni 6mallrialmmra 1 :1:111:11:i:III:I:.I11.17 II ■��1■u.immEr■[i 1L°al ■:■:ii1 1 1 1 1 1 1 1 i NORTH TOWER+LANDMARK TOWER—MASSING STUDY SCALE:AS NOTED GARDENS POI1V7E Parcel 27.09 Palm Beach Gardens,Merida ACI Architectural Group, Inc 515 f10RTh PLAiLfR DRIVP SUIT 1400 WEST SLIT 6fA(Ii,FLORIDA 55401-4359 Nome(561)872 5599 fax (561)655 4828 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 44,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN FOR 214 RESIDENTIAL CONDOMINIUM HIGH-RISE UNITS WITHIN TWO TWELVE-STORY TOWERS AND 26 TOWNHOUSE UNITS ON A 6.64- ACRE SITE LOCATED AT THE NORTHWEST CORNER OF KYOTO GARDENS DRIVE AND FAIRCHILD GARDENS AVENUE WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AMENDING THE MACARTHUR CENTER SIGNAGE PROGRAM (RESOLUTION 64, 1998); 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 City received petition SP-05-01 from Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, for site plan approval of 214 residential condominium high-rise units, within two twelve-story towers, and 26 townhouse units on an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, as more particularly described herein; and WHEREAS, on March 14,2006, the Planning, Zoning, and Appeals Board reviewed the subject petition and recommended approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Applicant and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. WHEREAS, the City Council has determined that this Resolution is consistent with the City’s Comprehensive Plan based on the following findings of fact: 1. The subject site is designated on the City’s Future Land Use Map as Professional Office (PO) / Development of Regional Impact (DRI) and Planned Community District (PCD). This parcel is hereby converted from ofXce/hotel/community use to multi-family residential use on the master land- use plan (Map H) with this site plan approval. Date Prepared: March 30, 2006 Date Prepared: March 30,2006 Resolution 44, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. The 240 residential units are vested with the Regional Center Development of Regional Impact (DRI) through NOPC number IO. 3. Consistent with Policy 1.1.1.4 of the Comprehensive Plan, the overall residential density of the Planned Community District (PCD) is consistent with the land-use designation of the area. 4. Consistent with Policy 1 .I .I .4 (e) of the Comprehensive Plan, the City Council is authorized to grant intensity waivers through the flexibility of Planned Community Districts. 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 for Gentile, Holloway, and O’Mahoney, agent for Gardens Pointe LLC, is hereby APPROVED on the following described real property, to permit 214 high-rise residential condominiums and 26 townhouse units on an approximately 6.64-acre site located at the northwest corner of Kyoto Gardens Drive and Fairchild Gardens Avenue, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DESCRIPTION PARCEL 27.09 AND A PORTION OF 27.13, ACCORDING TO THE PLAT OF REGIONAL CENTER PARCELS 27.09 AND 27.13, AND WATER MANAGEMENT TRACT 3-B, AS RECORDED IN PLAT BOOK 90, PAGES 199-201, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 27.09, SAID POINT BEING THE POINT OF BEGINNING; THENCE N46’02’07”W ALONG THE WEST LINE OF SAID PARCEL 27.09, A DISTANCE OF 247.50 FEET; THENCE NO1 “05’24”E ALONG SAID WEST LINE, A DISTANCE OF 163.87 FEET; THENCE N42’08’02”E ALONG SAID WEST LINE, A DISTANCE OF 264.23 FEET; THENCE N44”02’28”E, A DISTANCE OF 174.91 FEET; THENCE S88”34’59”E, A DISTANCE OF 301.16 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 27.13; THENCE SOI”25’01”W ALONG THE EAST LINE OF SAID PARCELS 27.13 AND 27.09, A DISTANCE OF 441.53 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 570.87 FEET AND A CENTRAL ANGLE OF 04”15’01”; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 42.34 FEET; THENCE S38”18’32”WI A DISTANCE OF 32.90 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL 27.09; THENCE S79’27’03”W ALONG SAID SOUTH LINE, A DISTANCE OF 128.36 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH OF WHICH THE RADIUS POINT LIES S10°32’57”E, A RADIAL DISTANCE OF 575.87 FEET AND A 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: March 30,2006 Resolution 44,2006 CENTRAL ANGLE OF 19’30’20”; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 196.05 FEET; THENCE S59’56’43”W, A DISTANCE OF 98.13 FEET TO THE POINT OF BEGINNING. CONTAINING 289,109.89 SQUARE FEET OR 6.64 ACRES, MORE OR LESS. Planning & Zoninq 1. 2. 3. 4. 5. Prior to the issuance of the first Certificate of Occupancy for the sales trailer, the Applicant shall include prominent language (1 8-point in size & bold) and a graphic in the homeowners’ association documents and in sales documents subject to the Growth Management Administrator’s review and approval, which identifies the location of the Perpetual Public Access Easement (PPAE) as being for public use and not an extension of the private residential units. The homeowners’ association documents and sales documents shall be submitted to the City prior to the issuance of the first building permit for the sales trailer. The Applicant shall also post a clearly visible four-foot by four-foot sign outside of the sales center, which depicts a graphic of the PPAE, states its public purpose and its close proximity to the residential units. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy for Phase II, the Applicant shall install one decorative sign on each arbor bench feature, the lake overlook, and one adjacent to Kyoto Gardens Drive within the PPAE. The signs on the arbors shall face westward (towards the lake) and the sign adjacent to Kyoto Gardens Drive shall face southward, which clearly identifies the area to pedestrians as being for public use and enjoyment. (Planning & Zoning ) Prior to the issuance of the first Certificate of Occupancy for Phase II, the Applicant shall install a map directory sign of the lake plan within the PPAE adjacent to the lake, which is consistent to the one approved for Downtown at the Gardens. This directory sign shall include a color map of the entire lake plan, which indicates a “you are here” notation, all points of interest (benches/gazebos/bridges/plazas/underpasses/lake overlooks), and the boundaries of the PPAE. (Planning & Zoning) Prior to the issuance of the first residential Certificate of Occupancy, the Applicant shall complete the amenities parcel, including all landscaping and hardscape associated with said parcel. (Planning & Zoning) The Applicant shall provide written disclosure to all future potential homebuyers that the amenities parcel, including landscaping, shall be completed prior to the issuance of the first residential Certificate of Occupancy, and that the City shall cease issuing building permits after that date if it is not complete. The form of such disclosure shall be approved by the City Attorney prior to issuance of the first building permit. (Planning & Zoning, City Attorney) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 6. 7. 8. 9. IO. 11. 12. 13. Date Prepared: March 30, 2006 Resolution 44, 2006 The HOA documents shall include language that prohibits outdoor storage, including towels and clothes, on the balconies of each residential unit. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy, the Applicant shall submit the homeowners’ association documents for the City Attorney’s and City Forester’s review and approval. (Planning & Zoning, City Attorney) The Applicant shall have the sole responsibility of implementing and installing the applicable portion of the Lake Improvement Plan as reflected on the Lake Area Exhibit approved by Resolution 120, 2005. Prior to the issuance of the first Certificate of Occupancy for Phase 11, the applicable portion of said plan, including all amenities, shall be fully completed and installed, as approved by the City Council, as reflected on the approved Gardens Pointe plans. All hardscape elements, which include benches, arbors, pathways, hardscape, and the lake overlook plaza shall be consistent in design with the lake plan elements approved by the City Council for Downtown at the Gardens. (Planning &Zoning) Prior to issuance of the first Certificate of Occupancy for Phase II, the Applicant shall install the lake overlook plaza as reflected on the approved site and landscape plans. The Applicant shall also include language in the homeowners’ association documents that requires the maintenance of this overlook and lake plan, in the event maintenance obligations have been deferred from the Regional Center DRI POA to the Gardens Pointe HOA. (Planning & Zoning) All windows and doors shall be hurricane impact resistant. (Planning &Zoning). Prior to the issuance of the first building permit, the Applicant shall install a six- foot high construction fence with a dark green, black, or decorative privacy tarp around the perimeter of the subject property. The privacy tarp shall not include signage or advertising in accordance with Section 78-290. (Planning & Zoning) Prior to the issuance of the first Certificate of Occupancy for vertical construction, the Applicant shall construct the reconfigured median at Kyoto Gardens Drive and Fairchild Gardens Avenue, and install all approved roadway beautification landscaping. (Planning & Zoning, City Forester) The Applicant shall cease operation of the sales trailer 33 months after the issuance of the building permit for said sales trailer. (Planning & Zoning) 42 City Forester 43 44 45 46 C-19. (City Forester) 14. Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall install the applicable buffer in each phase, as reflected on Sheet 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: March 30,2006 Resolution 44, 2006 15. Prior to the issuance of the building permit for the sales trailer, the Applicant shall submit a revised landscape that reflects a 30-inch Eugenia Rhombea hedge along the west fagade of the sales trailer. (City Forester) Citv Enaineer 16. 17. 18. 19. 20. 21. 22. Prior to the issuance of the first land alteration permit, the Applicant shall provide a signed and sealed pavement marking and signage plan. (City Engineer) Within 12 months from a warrant analysis concluding that a traffic signal is needed at the intersection of Kyoto Gardens Drive and Lake Victoria Gardens Avenue, the Applicant shall install a traffic signal and all Palm Beach County and City required roadway improvements at said intersection. The City shall reimburse the Applicant to the extent it collects pro-rata costs from other developments. If this signal is not installed within 12 months from the date of the signal being warranted, the City shall cease issuing permits, Certificates of Occupancies, and conducting inspections. (City Engineer) The Applicant shall provide the City Engineerwith copies of all correspondences to and from regulatory agencies regarding issues on the Gardens Pointe. (City Engineer) Prior to the commencement of construction for each phase, the Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide surety for public infrastructure, landscaping, and irrigation. The surety shall be based on a cost estimate that is signed and sealed by an engineer and landscape architect licensed in the State of Florida. The surety shall be based on I 10% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide a cost estimate for all other on-site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer licensed 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 Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 23. 24. 25. 26. 27. 28. 29. 30. 31. Date Prepared: March 30,2006 Resolution 44, 2006 Prior to the issuance of the first land alteration permit, the Applicant shall submit signed and sealed construction plans with all calculations by an engineer licensed in the State of Florida. (City Engineer) Prior to construction plan approval, 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 a paving, grading, and drainage plan along with surface water management calculations and hydraulic pipe calculations for City review and approval. The paving, grading, and drainage plan and calculations shall be signed and sealed by an engineer licensed in the State of Florida. (City Engineer) Prior to the issuance of the first land alteration permit, the Applicant shall provide a letter of authorization from the utility companies allowing landscaping within their easements. (City Engineer) The construction, operation, and/or maintenance of any elements of Gardens Pointe shall not negatively impact the existing drainage of the surrounding areas. If at any time during development it is determined by City staff that any of the surrounding areas are experiencing negative drainage impacts caused by the development of Gardens Pointe, it shall be the Applicant’s responsibility to resolve said impacts in a period of time and a manner acceptable to the City. If said impacts are not remedied in a time period and manner acceptable to the City, the City may cease issuing building permits and/or Certificates of Occupancy until all drainage concerns are resolved. (City Engineer) Prior to the issuance of the first building permit, the Applicant shall post a letter of credit for the model unit in the amount of one-third (1/3) the construction cost for the purposes of demolition and lien protection, to be determined by the City Engineer, to remain in effect until the plat is recorded. (City Engineer) No access by the general public shall be allowed to the model home or sales trailer until the Certificate of Completions are issued for either building. (City Engineer, Code Enforcement) The Applicant acknowledges that the waiver granted from the platting requirement is at the Applicant’s risk and that any potential construction changes to the model due to the eventual plat recordation is the sole responsibility of the Applicant. (City Engineer) Prior to the issuance of the first Certificate of Occupancy for the model and sales trailer, the Applicant shall construct accessible and operational fire hydrants and a stabilized road base, subject to City standards, for fire/emergency access, both of which shall be approved by the City Engineer and Fire Department. (City Engineering, Fire Department) 6 Date Prepared: March 30,2006 Resolution 44,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Police Department 32. 33. 34. 35. 36. 37. 38. Metal halide lighting shall be used for all street, walkways, and parking garage lighting. (Police Department) Lighting locations and building addresses shall not conflict with landscaping, including long-term tree canopy growth. All light poles on-site shall not exceed a height of 25 feet in the parking lot and 14 feet in pedestrian pathways. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, all numerical addresses shall be placed at the front of each building. Each numerical address shall be illuminated for nighttime visibility, shall provide bi- directional visibility from the roadway (when applicable), shall consist of 8” numbers in height, and shall be a different color than the color of the surface to which they are attached. The Applicant shall provide a document that reflects a street address system depicting street names and numerical addresses for emergency response purposes. Address system depiction shall be in 8.5”X 11” map format. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall provide a timer clock or photocell sensor engaged lighting above or near townhouse entryways and adjacent sidewalks. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each phase, all mailbox locations shall be approved by the Police Department. (Police Department) Prior to the issuance of the last Certificate of Occupancy for each phase, the Applicant shall submit documentation that all residential units have been target hardened to include pre-wiring for an alarm system; all residential and parking garage entry/exit doors have been equipped with a metal plate over threshold of locking mechanism; all residential and parking garage entry/exit doors have 180 degree peephole viewers; case hardened deadbolt locks on all residential and parking garage entry/exit doors with a minimum one-inch throw; security hinges on the interior side of each residential entry/exit door; solid core interior door leading into the garage from the residence have been equipped with a single cylinder dead bolt lock; all elevators have video cameras, unless otherwise approved by the Police Department. (Police Department) Prior to the issuance of a building permit, the Applicant shall submit a photometric plan that complies with Illumination Engineering Society of North America (IESNA) standards for both parking garages, subject to review and approval by the City Engineer. (Police Department) 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 39. 40. 41. 42. 43. 44. 45. 46. Date Prepared: March 30,2006 Resolution 44, 2006 Prior to the issuance of the first Certificate of Occupancy for each tower, the Applicant shall provide documentation that an access control system, utilizing a key pad or card system, has been installed for all elevator, stairwell, entry, and exits doors within the parking garage. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each tower, the Police Department shall approve the location of signs and graphics indicating exits, stairs, and elevators within the parking garage. (Police Department) Prior to the issuance of the first building permit, the Applicant shall develop a security plan for the parking garage, acceptable to the Police Department, which shall include pre-wiring for the installation of a high resolution low lux color digital video system, with monitoring and photo processing picture or video printout capabilities. (Police Department) Prior to the issuance of the first Certificate of Occupancy for each tower, the Applicant shall install convex mirrors in the stairwells and in all elevators in locations approved by the Police Department. (Police Department) Prior to the issuance of the first building permit, the Applicant shall submit a construction site security and management plan for review and approval by the Police Department. Non-compliance with the approved security and management plan may result in a stop-work order for the site. (Police De part m e n t) Prior to the issuance of the first Certificate of Occupancy for each phase, the Applicant shall install a video camera in all elevators, subject to the approved security plan. (Police Department) The clubhouse building and sales center shall be pre-wired for an alarm system and access to the clubhouse and pool area shall be restricted through the use of a key or security card. (Police Department) Prior to the issuance of the first building permit for each parking garage, the Applicant shall install a direct ring emergency telephone on each parking garage level, with the locations and connection system determined and approved by the Police Department. (Police Department) Miscellaneous 47. Prior to the issuance of the first building permit for each phase, digital files of the approved plat shall be submitted to the Planning and Zoning Division, and approved civil design and architectural drawings, including floor plans, shall be submitted prior to the issuance of the first Certificate of Occupancy for each phase. (GIs Manager, Development Compliance Officer) 8 Date Prepared: March 30,2006 Resolution 44, 2006 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 48. At no time shall stacking of construction and/or service vehicles occur in a public right-of-way. (Planning & Zoning) 49. The Applicant shall be required to notify the City’s Public Works Division via fax at least 10 working days prior to the commencement of any worldconstruction activity within any public right-of-way within the City. 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 may result in a stop- work order of all worldconstruction activity within the public right-of-way and the subject site. (Public Works) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following ten (I 0) waivers: 1. 2. 3. 4. 5. 6. 7. 8. 9. Section 78-184, Height of Buildings, to allow for a building height of 140’ for two residential condominium buildings. Section 78-344(1) (b), Parking Stall Width, to allow for garage parking spaces to utilize a 9.5-foot width. Section 78-1 42, Residential High Zoning District Setbacks - Front Setback adjacent to Kyoto Gardens Drive, to allow for a front setback of 64 feet for the south tower. Section 78-1 42, Residential High Zoning District Setbacks - Front Setback adjacent to Fairchild Gardens Avenue, to allow for a front setback of 40 feet for the north tower. Section 78-142, Residential High Zoning District Setbacks - Side Setback, to allow for a side setback of 27 feet for the north tower and 23 feet for the south tower. Section 78-142, Residential High Zoning District Setbacks - Rear Setback, to allow for a rear setback of 20 feet for the north tower. Section 78-285, Permitted Signs -Table 24, to allow for a sign on each side of the entry features. Section 78-285, Permitted Signs, to allow for the main entrance sign to have five feet of landscaping. Section 78-441 (c), General Application Procedures, to allow for a building permit for the sales trailer and one dry townhouse model prior to plat approval. 9 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: March 30,2006 Resolution 44,2006 10. Section 78-182 (f), Illumination of Uses and Buildings, to allow for 91.5-foot candles within the parking garage consistent with IESNA standards. SECTION 4. This site plan approval shall be in compliance with the following plans on file with the City's Growth Management Department: 1. 2. 3. 4. 5. 6. 7. Site Plans, Sheets C-3 through C-7, Craven, Thompson, and Associates, March 23, 2006, received by the City of Palm Beach Gardens on March 24, 2006. Site Phasing Plan and Sales Trailer Site Plan, Sheets C-19 and C-20, Craven Thompson, and Associates, March 23, 2006, received by the City of Palm Beach Gardens on March 24,2006. Site Landscape Plans and Sales Trailer Landscape Plan, Sheets LP-1 through LP -7, and SC-1, Intuitive Design Group, March 23,2006, received by the City of Palm Beach Gardens on March 24,2006. Architectural Elevations, Roof Plans, Floor Plans: Sheets AN-2.1 .I, AN-2.2.1, AN-2.3.1, AN-2.4.1, AN-2.5.1, AN-2.6.1, AN-2.7.1, AN-2.8.1, AN-2.9.1, AN- 2.1 0.1, AS-2.1 .I , AS-2.2.1, AS-2.3.1 , AS-2.4.1, AS-2.5.1, AS-2.6.1 , AS-2.7.1 , AS-2.8.1 , AS-2.9.1 , AS-2.10.1, C-2.1 .I , C-2.2.1, C-3.1 .I , AF-2.1 .I , AF-2.2.1, AF-3.1 .I , ACI Architectural Group Inc., March 1,2006, received by the City of Palm Beach Gardens on March 1,2006, and Sheets AN-3.1 .I , AN-3.1.2, AS- 3.1 .I, and AS-3.1.2, ACI Architectural Group Inc., March 24,2006, received by the City of Palm Beach Gardens on March 24,2006 Site and Garage Photometric Plans, Sheets P-I, PN-1 through PN-3, PS-1 through PS-3, ACI Architectural Group Inc., March 1, 2006, received by the City of Palm Beach Gardens March 1 , 2006; and Sales Trailer Photometric Plan, Sheet ESC-100, ACI Architectural Group Inc., March 23,2006, received by the City of Palm Beach Gardens on March 28,2006. Survey, Lidberg Land Surveying, Inc., July 30, 2004, received by the City of Palm Beach Gardens on March 24,2006. Gardens Pointe Plaza Overlook and Arbor/Bench elevations, Intuitive Design Group, March 31, 2006, received by the City of Palm Beach Gardens on March 31 , 2006. SECTION 5. This approval shall be consistent with all representations made by the SECTION 6. This Resolution shall become effective immediately upon adoption. Applicant or Applicant's agents at any workshop or public hearing. 10 Date Prepared: March 30,2006 Resolution 44, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AkD 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 BARNETT COUNCILMEMBER JABLIN COU NCI LM EM BE R LEVY COUNCILMEMBER VALECHE --- --- --- --- --- G:bttorney-share\RESOLUTIONS\Gardens Pointe- reso 44 2006.doc 11 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 16,2006 Meeting Date: May 18, 2006 Ordinance 14, 2006 SubjecUAgenda Item: Ordinance 14, 2006, amending the Fiscal Year 2005/2006 Budget [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by; City A 4 FI a an rector Submitted by: Department Director Approved by: Wl-cX- City ManAger Originating Dept.: Finance Advertised: Date: May 3, 2006 Paper: Palm Beach Post [ ] Not Required - Affected parties [ ] Notified - [ ] Not required costs: $ 0 (Total) $0 Current FY Funding Source: [ ]Operating [ ]Other Budget Acct.#: Council Action: [ ] Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 14, 2006 Exhibit “1” [ ]None Date Prepared: March 16, 2006 Meeting Date: May 18, 2006 Ordinance 14, 2006 BACKGROUND: This ordinance amends the FY 2005/2006 budget in the following areas: Fund balance carryovers are adjusted to actual amounts per the fiscal 2005 audit, as detailed in the attached Exhibit “I”. An allocation of $3,000,000 from General Fund reserves is made to defray the Board of County Commissioners cost to acquire approximately (70) acres of real property within the Briger Parcel pursuant to the Interlocal Agreement between Palm Beach County and the City of Palm Beach Gardens. Record $1,808,500 received as settlement for code enforcement fines for the Vavrus property. Record the following reimbursements for Hurricane Wilma: Insurance proceeds $500,000 and additional FEMA reimbursement in the amount of $289,000. Allocate $608,500 for the purchase of the MA-COM radio equipment for the Police department. Budgeted revenues are revised to reflect year to date activity. Included in these totals are the following significant items: A projected positive variance in Half Cent Sales Tax revenue $439,238, State Revenue Sharing $220,502, Grant Revenue $263,311, Ad Valorem revenue $1 96,744, and Electric Franchise Fee revenue $41 0,277 A projected decrease in Building Permit activity of $979,911, Application Filing fees $1 53,215, and Fire Inspection fees of $353,507. The net effect of this amendment is an increase to General Fund Reserves of $972,376. STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 14,2006 for second reading Date Prepared: March 16,2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 14,2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2005, AND ENDING SEPTEMBER 30,2006, INCLUSIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida adopted a Budget for the 2005/2006 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 200512006 Budget; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the attached Exhibit “I” and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1,2005, through September 30,2006, inclusive. SECTION 3. This Ordinance shall become effective upon the day of adoption. (The remainder of this page left intentionally blank) Date Prepared: March 16,2006 Ordinance 14, 2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PASSED this LE day of fifnr~ , 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 Jody Barnett, Vice Mayor Eric Jablin, Councilmember FOR AGAINST ABSENT David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney G:\attorney-share\ORDINANCES\budget amendment 2005-06 - Ord 14 2006.doc 2 City of Palm Beach Gardens Budget Amendment FYE 09/30/06 Exhibit "1" General Fund Increase (Decrease) Expenditures (Uses) Reserves 001.0900.519.9920 GS - Hurricane Expenditures 001.0900.519.6900 Police Equipment 001.1000.521.6400 Overtime-Bldg. Division 001.3090.524.1410 Community Promotion 001.0210.552.4800 Scripps 001.1400.515.3151 CIP 001.2080.519.6900 Professional Services 001.0600.513.3150 Professional Services 001.0300.513.3150 Fire/EMS Equipment 001.1 230.522.6400 Fire/EMS Equipment 001.1230.522.1410 Revenues (Sources) Misc. Revenue 001.0000.369.0000 Code Enf Fines - Vavrus 001.0000.351 .lo30 Donations-Fire Department 001.0000.366.0000 State Grant Revenues 001.0000.334.1000 Ad Valorem Revenue 001.0000.311 2000 Electric Franchise Fees 001.0000.31 3.1 000 Telecommunications Tax 001.0000.314.2000 Building Permits 001.0000.322.0000 Application Filing Fees 001.0000.329.0002 State Revenue Sharing 001.0000.335.1200 Half Cent Sales Tax 001.0000.335.1800 Fire Inspection Fees 001.0000.342.2100 Interest Income 001.0000.361 .lo01 Interest Income - Tax Coll 001.0000.361.1010 Occupational Licenses 001.0000.321.0000 Swimming Pool Fees 001.0000.347.2400 Loan Proceeds 001.0000.383.1000 Insurance Proceeds 001.0000.369.1000 FEMA Reimbursement 001.0000.331 .lo00 Fund Balance Carryover 001.0000.389.0000 972,376.00 789,000.00 608,500.00 15,537.00 17,100.00 3,000,000.00 263,311 .OO 20,000.00 18,000.00 5,085.00 3,280.00 35,917.00 1,808,500.00 5,085.00 263,311 .OO 196,744.00 410,277.00 60,173.00 (979,911 .OO) (153,215.00) 220,502.00 439,238.00 (353,507.00) 57,673.00 40,794.00 53,059.00 85,000.00 500,000.00 500,000.00 289,000.00 2,233,549.00 Gas Tax Fund Increase (Decrease) Expenditures (Uses) Reserves 103.3000.539.9920 FEC Maintenance 103.3000.539.4660 Revenues (Sources) Fund Balance Carryover 103.0000.389.0000 147,913.00 144,000.00 291,913.00 Page 1 of 3 City of Palm Beach Gardens Budget Amendment FYE 09/30/06 Exhibit "1" Recreation Programs Fund Expenditures (Uses) Reserves 104.0900.519.9920 Revenues (Sources) Fund Balance Carryover 104.0000.389.0000 Police Training Fund Expenditures (Uses) Reserves 002.1000.521.9920 Revenues (Sources) Fund Balance Carryover 002.0000.389.0000 Art Impact Fund Expenditures (Uses) Reserves 304.1400.515.9920 Revenues (Sources) Fund Balance Carryover 304.0000.389.0000 Road Impact Fund Expenditures (Uses) Reserves 305.0900.541.9920 Revenues (Sources) Fund Balance Carryover 305.0000.389.0000 Police Impact Fund Expenditures (Uses) Reserves 302.1000.521.9920 Revenues (Sources) Fund Balance Carryover 302.0000.389.0000 Increase (Decrease) (9,967.00) (9,967.00) Increase (Decrease) 3,657.00 3,657.00 Increase (Decrease) (48,098.00) (48,098.00) Increase (Decrease) (3,375,873.00) (3,375,873.00) Increase (Decrease) 21,468.00 21,468.00 Page 2 of 3 City of Palm Beach Gardens Budget Amendment FYE 09/30/06 Exhibit "1" Fire Impact Fund Expenditures (Uses) Reserves 303.1200..521.9920 Vehicles 303.1200.522.6410 Revenues (Sources) Fund Balance Carryover 303.0000.389.0000 Recreation Impact Fund Expenditures (Uses) Reserves 301.2000.572.9920 Revenues (Sources) Fund Balance Carryover 301.0000.389.0000 Increase (Decrease) 122,470.00 122,470.00 Increase (Decrease) (356,526.00) (356,526.00) PGA Flyover Fund Increase (Decrease) Expenditures (Uses) Reserves 308.0900.519.9920 Repairs and Maintenance 308.0900.51 9.4600 Revenues (Sources) Fund Balance Carryover 308.0000.389.0000 (197,474.00) (16,333.00) (21 3,807.00) Burns Road Fund Increase (Decrease) Expenditures (Uses) Reserves 309.0900.519.9920 CIP 309.0900.519.6900 Revenues (Sources) Fund Balance Carryover 309.0000.389.0000 21,269.00 216,650.00 237,919.00 Fleet Maintenance Fund Increase (Decrease) Expenditures (Uses) Reserves 501.3020.539.9921 Reserves 501.3020.539.9920 Revenues (Sources) Fund Balance Carryover 501.0000.389.0000 Page 3 of 3 72,040.00 69,619.00 141,659.00 City of Palm Beach Gardens Council Agenda May 18,2006 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Barnett Council Member Jablin Council Member Levy Council Member Valeche J I. ' 11. 111. J IV v. J VI. VII. CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 18,2006 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS: CITY MANAGER REPORT: a. Update on Bio 2006 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. b. Approve Minutes from the April 20,2006 Regular City Council meeting. Resolution 50, 2006 - Financial Assistance Agreement with Palm Beach County for median beautification. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Financial Assistance Agreement with Palm Beach County for median beautification on Northlake Boulevard and Military Trail as part of the Only Trees, Irrigation, and Sod Program; and providing an effective date. c. Resolution 52, 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 provide swim lessons as part of the Drowning Prevention Coalition's Learn to Swim Program; and providing an effective date. d. Proclamation - Declaring the week of May 21-27, 2006 as National Public Works Week. tyl e* ** p~Ll&dlcw- @* us5 0KG-y IX. PUBLIC HEARINGS: Part I - Ouasi-iudicial 2 X. XI XII. XIII. XIV. Zesolution 44, 2006 '- Approving the site plan for Gardens Pointe. . . Resolutior Jf the City Council of the City of Palm Beach Gardens, Florida approving the sitc plan for 2 14 residential condominium high-rise units within two twelve-stoq owers and 26 townhouse units on a 6.64-acre site located at the Northwest cornel If Kyoto Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI) , as more particularly describec '5erein; providing for conditions of approval; providing waivers; amending thc ffective date. Part I1 - Non-Ouasi-iudicial rdinance each Gaiuem budget for fisc €ouncil of the City of Palm Beac Beach Gardens' budget for the fiscal year beginning October 1, 20(1 September 30, 2006, inclusive; and providing an effective date. ~utik- [L.." reading and adoption) Amendin the City of Palm 2005/2006. hn Or# ~IILL UI 1llL UL~ ending the pity of Palm md ending a. RESOLUTIONS: ORDINANCES: (For Consideration on First Reading) ITEMS FOR COUNCIL ACTION/DISCUSSION: CITY ATTORNEY REPORT: ADJOURNMENT O$* 6kr4U-n-b- 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 OHce at 561 -799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Agenda May 18,2006 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Barnett Council Member Jablin Council Member Levy Council Member Valeche I. 11. 111. IV V. VI. ‘-7 136 VII. b. CITY OF PALM BEACH GARDENS COUNCIL AGENDA May 18,2006 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS: CITY MANAGER REPORT: a. Update on Bio 2006 COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. lPage 5) Approve Minutes from the April 20, 2006 Regular City Council meeting . [Staff Report on Page 12, Resolution 011 Pape 14) Resolution 50, 2006 - Financial Assistance Agreement with Palm Beach County for median beautification. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an Amendment to the Financial Assistance Agreement with Palm Beach County for median beautification on Northlake Boulevard and Military Trail as part of the Only Trees, Irrigation, and Sod Program; and providing an effective date. C. lstaff Report on Page 34, Resolution on Page 36) Resolution 52, 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 provide swim lessons as part of the Drowning Prevention Coalition’s Learn to Swim Program; and providing an effective date. d (Page 51) Proclamation - Declaring the week of May 21-27, 2006 as National Public Works Week. IX. PUBLIC HEARINGS: Part I - Quasi-judicial a. (Staff Report on Page 52, Resolution on Page 185) Resolution 44, 2006 - Approving the site plan for Gardens Pointe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan for 214 residential condominium high-rise units within two twelve-story towers and 26 townhouse units on a 6.64-acre site located at the Northwest corner of Kyoto 30 07 * ‘& Gardens Drive and Fairchild Gardens Avenue within the Regional Center Development of Regional Impact (DRI) , as more particularly described herein; providing for conditions of approval; providing for waivers; amending the MacArthur Center signage program (Resolution 64, 1998) ; and providing an effective date. f;AI 3-2 Part I1 - Non-Quasi-judicial (Staff Report on Page 196, Ordinance on Page 198) Ordinance 14, 2006 - (Znd reading and adoption) Amending the City of Palm Beach Gardens’ budget for fiscal year 2005/2006. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for the fiscal year beginning October 1, 2005, and ending September 30, 2006, inclusive; and providing an effective date. X. RESOLUTIONS: 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. i 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 OfEce 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. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: 309 4 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council City: W 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 Prin Members of the public may address the City Council during the ccComments 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 Address: I/ p -If@ CAY City: PR - Subject : 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 ccComments 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 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: E, LpeM /’ WX-E~ 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 City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print 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 meetin The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Prin 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 7.. 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. Please Print COMMENTS FROM THE PUBLIC Request to Address City Council F 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 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: $&?L(, Address: 4flAf-C~ b‘JA,(‘ PI( Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: WeIc i CL ~o,p&z Address: 23 io 23 /L- Ln portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: r adr- 6rS”r,A D Subject: A\d / Odcr kwJ < or a,@ Sf5 c \ y3Lb e e@ p, + \ / (I Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. -IPmEAS, the Korean War and Vietnam -w 11 fields in length; and -a% W'. &n rounds of 20mm "YEREAS, th4 mighty Oriskany's F-9F Panlherjcts ~ twis 1~52Wn, the.y engaged in what is believed io bP thx fi1.w multi histov; and dEAS, the Or and Mickey Hoortqy WHEREAS, upon co third time to the Western Battle Efficiency Award ; WHEREAS, the Oriskany entered thp San Francisco Ray Nw$ the installation of the Naval Tactical Data S.ysicnr (NDTS) w& WHEREAS, the Oriskany wa8 'the first ship to ~niploy this mphk most modern and capable of anti-warfare con.trol syaterns today;. WHEREAS, President John F. Kennedy was a gwst aboard t& he witnessed an operational readiness demonstrnf ion and obsen, WHEREAS, the Oriskany's combat rword was impi*msitle with flown by Carrier Air Wing 16 which is thp largest ntrmber ever Iiistoi-\~ tliri-iiig (I siiigk coiri hit (lqhyrwi~t; crirtl WHEW&, t 1 i (1 01 iskt VI? 111 iis(w iii cdlwt ioi I I('( IS I wg I I i i 0.11 t I1 11 Rt r t t It of ( hislr I i 1.v WHEREAS, on May 17, 2006 Naval Explosive experts sank the Oriskany in th Gulf of Mexico off of the coast of Pensacola ; and WHEREAS, the liSS Oriskany will be th lure sport divers and fishermen from wound thp world. NOW, THJWEFORE, I, Joseph R. Riisso, Mayor of the Git-y of Palm Beach Gardens, Florida, do hcreb,y proclaim Wedn City of Palm Bench Gard Socict? iir 1!16'6' crird tlic sorit>ty ~*oiitiiiir(>s to Iioltl iriwtiiigs rrird c(ii'o for. tlw rri*tifirc.is trird st artificial reef in the world and rtpd to IN WITNESS and caused bb E k LE 9111 3 = m c, v; Q) m 9 Potential Findings of Fact for the Gardens Pointe Petition If you vote to approve 1. The subject site is designated on the City’s Future Land Use Map as Professional Office (PO) / Development of Regional Impact (DRI) and Planned Community District (PCD). The conversion from ofice/hotel/community use to multi-family residential use on the master land-use plan (Map H) is consistent with this designation. 2. The equivalent trips associated with the 240 residential units are vested by the Regional Center Development of Regional Impact (DRI). 3. Consistent with Policy 1 .I .I .4 of the Comprehensive Plan, the overall residential density of the Planned Community District (PCD) is consistent with the land use designation of the area. 4. Consistent with Policy 1.1.1.4 (e) of the Comprehensive Plan, the City Council is authorized to grant intensity waivers through the flexibility of Planned Community Districts. If you vote to deny 1. The Petitioner has not demonstrated adequate community benefits to justify a height waiver of 95 feet. 2. The Petitioner has not demonstrated adequate community benefits to justify the requested setback waivers. 3. The Petitioner has not demonstrated that granting of the waivers will result in a project that exceeds the minimum code requirements for PUDs. 4. The Petition does not provide sufficient screening and buffering to protect adjacent properties from adverse impacts caused by the waivers. RESOLUTION ,2006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE 200612007 BUDGET PROCESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens in the past several years has experienced unprecedented growth rates in both ad valorem revenues and General 1 2 3 4 5 6 7 8 9 IO 11 Fund operating expenses; and 12 13 14 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the recent rate of revenue growth is not sustainable over a long-term period, and increases in property values are already demonstrating a moderating trend; WHEREAS, the preparation of operating budgets by each of the City’s operating WHEREAS, it is the responsibility of the City Council to provide overall budget WHEREAS, it is deemed advisable to provide such guidance at the beginning of departments for Fiscal Year 2007 will be commencing shortly; and policy guidance to the City Manager and Staff; and the budget process rather than at its close; and WHEREAS, it is imperative that levels of service in public safety and other vital resident services be maintained; 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 total General Fund operating expenses for Fiscal Year 2007, excluding capital expenditures, shall not exceed the total amount budgeted for such expenses in Fiscal Year 2006 by an amount greater than eight percent (8%). SECTION 3. This Resolution shall become effective immediately upon adoption. 0 4 1 2 3 4 5 6 7 8 9 IO I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 5, 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: MAYOR RUSSO VICE MAYOR BARNETT COUNCILMEMBER JABLIN CO U N C I LM EMBER LEVY COUNCILMEMBER VALECHE AYE NAY ABSENT SOPHIE M. (BUNNY) SPRINGER PO Box 211508 Phone (561) 655-2300 ’ Royal Palm Beach, FL 33421-1508 Fax (561) 791-0906 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Korean War and Vietnam-era carrier, the USS Oriskany stretches nearly three football fields in length,· and WHEREAS, during 1952 and 1953 the USS Oriskany served with the U.S Seventh Fleet as part of the United Natwns Task Force,· and WHEREAS, the Oriskany's planes dropped 4, 600 tons of bombs and expended more than a millwn rounds of 20mm ammunition; and WHEREAS, the mighty Oriskany's F-9F Panther jets distinguished themselves on November 7, 1952 when they engaged in what is believed to be the first multi-jet aerial dog-fight in naval history; and WHEREAS, the Oriskany later became a floating movie capital when films stars William Holden and Mickey Rooney participated in the filming of 'The Bridges of Toko Ri" on board,· and WHEREAS, upon completwn of one of her overhauls in February of 1955 she was deployed for a third time to the Western Pacific from March to September at which time she captured her first Battle Efficiency Award,· and WHEREAS, the Oriskany entered the San Francisco Bay Naval Shipyard in 1961 at which time the installation of the Naval Tactical Data System (NDTS) was completed; and WHEREAS, the Oriskany was the first ship to employ this sophisticated system, which is the most modem and capable of anti-warfare eontrol systems today; and WHEREAS, President John F. Kennedy was a guest aboard the Oriskany on June 6, 1963 where he witnessed an operatwnal readiness demonstratwn and observed NDTS in operatwn,· and WHEREAS, the Oriskany's combat record was impressive with more than 12,000 combat sorties flown by Carrier Air Wing 16 which is the largest number ever achieved by any carrier in naval histmy during a single combat deployment,· and WHEREAS, the Oriskany museum collectwn u ·as begun by the Battle of Oriskany Hist.orical Society in 1966 and the society continues to hold meetings and care fo1 · the artifacts; and WHEREAS, on May 17, 2006 Naval Explosive experts sank the Oriskany in the Gulf of Mexico off of the coast of Pensacola; and WHEREAS, the USS Oriskany will be the largest artificial reef in the world and is expected to lure sport divers and fishermen from around the world. NO~ THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim Wednesday, May 18, 2006 as the official retirement of the USS Oriskany in the City of Palm Beach Gardens. ATTEST: Clerk IN WITNESS WHEREOF, I hAve lu!reunro ~~et ~ 1aond and cOUIIed tlu! Seal of tlu! City of Palm &acA Gartlen.. Florida, I! d tA 18'1' ay of May, in tlu! year Tll1o S PROCLAMATION STATE OF FLORIDA CITY OF PALM BEACH GARDENS WHEREAS, public works services provided in our community are an integral part of our citizen 's everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as storm water sewers, streets, highways, public buildings, fleet maintenance and solid waste collection; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design , and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the work they perform, NOW, THEREFORE, L Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of May 21 through 27, 2006 as Attest: NATIONAL PUBLIC WORKS WEEK Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affi ed on this J8'h day of MayintheYea w~dSix. ayor oseph R. Russo