HomeMy WebLinkAboutAgenda Council Agenda 070606
City of Palm Beach Gardens
Council Agenda
July 6, 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
July 6, 2006
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
a. Congressman Clay Shaw – legislative funding.
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
a. Recognize the award winners of the Traffic Safety Committee of the Palm
Beaches.
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 6) Approve Minutes from the May 18, 2006 Regular City Council meeting.
b. (Page 12) Approve Minutes from the June 1, 2006 Regular City Council meeting.
c. (Staff Report on Page 17, Resolution on Page 19) Resolution 69, 2006 –
Approving a purchase award to Landscape Structures, Inc. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a purchase
award to Landscape Structures, Inc. for recreation equipment at Lilac Park via an
existing contract with Palm Beach County (No. 05-074/MP); and providing an
effective date.
d. (Staff Report on Page 42, Resolution on Page 44) Resolution 71, 2006 –
Agreement with Staffing Connection/Action Labor. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and
City Clerk to execute Addendum I to the Agreement with Staffing
Connection/Action Labor for School Crossing Guard Services; and providing an
effective date.
e. (Staff Report on Page 57, Resolution on Page 59) Resolution 72, 2006 -
Acceptance of a Non Exclusive Easement and License Agreement from Garden
Oaks Homeowners Association. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida accepting an easement from Gardens Oaks
Homeowners Association for the purpose of providing irrigation to medians along
Military Trail; and providing an effective date.
f. (Staff Report on Page 70, Resolution on Page 72) Resolution 73, 2006 -
Change Order No. 1 for the City Hall Lobby Lighting Project. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the use of
Art Impact Fees for expenditures related to the City Hall Lobby Lighting System
Project; and providing an effective date.
IX. PUBLIC HEARINGS:
Part I – Quasi-judicial
a. (Staff Report on Page 78, Ordinance on Page 126, Resolution on Page 129)
Ordinance 15, 2006 – (2nd reading and adoption) Village Square Professional
Park. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to Ordinance 10, 1999 and Ordinance 25, 2002
relating to the zoning of the Village Square Professional Park Phase II Planned
Unit Development (PUD) to transfer the master plan approval and related
conditions to Resolution 51, 2006; and providing an effective date.
Resolution 51, 2006 is a companion item to Ordinance 15, 2006
and will require Council action.
Resolution 51, 2006 - Village Square Professional Park. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to
the Village Square Professional Park Phase II Planned Unit Development (PUD),
generally located on the West side of Prosperity Farms Road, South of its
intersection with RCA Boulevard, as more particularly described herein, to allow
the construction of Building 500 and other minor modifications to the approved
use square footages; providing waivers; providing conditions of approval; and
providing an effective date
b. (Staff Report on Page 137, Resolution on Page 139) Resolution 59, 2006 –
PGA Commons Plat Number 5. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the PGA Commons Plat No. 5; and
providing an effective date.
c. (Staff Report on Page 144, Resolution on Page 146) Resolution 61, 2006 –
Legacy Place Commercial Plat. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the Legacy Place Commercial Plat; and
providing an effective date.
d. (Staff Report on Page 156, Resolution on Page 184) Resolution 67, 2006 -
Master site plan for the Mirasol Elementary School. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the master site
plan for the Mirasol Elementary School to allow the construction of a 127,448
square-foot Elementary School on the Mirasol Planned Community Development
(PCD) school site, generally located on the Southwest corner of Hood Road and
the Florida Turnpike, as more particularly described herein, granting conditional
use approval; and providing an effective date.
Part II – Non-Quasi-judicial
X. RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on Page 194, Ordinance on Page 205) Ordinance 16, 2006 – (1st
Reading) Public Notice Requirements. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida relating to Public Notice Requirements;
amending Section 78-54, Code of Ordinances, entitled “Public Notice,” to amend
certain requirements for public notice for development applications; providing for
codification; and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 216) Additional Alternate Staff Member to the Northlake Boulevard Task
Force.
b. (Page 217) Designate a voting delegate for the 80th Annual Florida League of
Cities Conference.
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
May 18, 2006
The May 18, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:01 p.m. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Russo, and
opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Barnett, Councilmember Jablin,
Councilmember Levy, and Councilmember Valeche.
ANNOUNCEMENTS:
Mayor Russo congratulated two staff members, Kara Irwin and Michael Sanchez, who had
recently been certified by the American Institute of Certified Planners.
ITEMS OF RESIDENT INTEREST: Vice Mayor Barnett reported she had attended the
graduation of the citizens’ police academy, congratulated the graduates, explained the
training they had received, and thanked those involved. The Vice Mayor reported from the
Interlocal Plan Amendment Review Committee issues forum that they were commissioning a
light industrial land study, and they had formed a subcommittee for affordable housing and
its relationship to the coastal residential exemption area. Vice Mayor Barnett advised she
was a member of that subcommittee, and she would bring back information to the City
Council so that a decision could be made by July 4 whether to object to the county’s
amendment before transmittal. Councilmember Levy reported he had attended the State of
the City address which had been impressive; attended a presentation on sexual predators on
the internet; had been appointed by the League of Cities to the Regional Oversight
Hazardous Materials Committee; attended the League of Cities Gala; thanked
Councilmember Valeche for service on the League of Cities Board; and presented a
proclamation for Mayor Russo’s signature honoring the USS Oriskany which had been
retired to become the largest artificial reef, and thanked Councilmember Valeche for his
service as a fighter pilot flying from that ship during the Vietnam war. Councilmember Levy
made a motion to add the proclamation honoring the USS Oriskany to the agenda.
Councilmember Jablin seconded the motion, which carried by unanimous 5-0 vote.
Councilmember Valeche made a motion to approve the proclamation honoring the USS
Oriskany. Vice Mayor Barnett seconded the motion, which carried by unanimous 5-0 vote.
Councilmember Valeche advised the sexual predator website was www.netsmartz.com and
stated he believed residents could see the entire presentation made the previous evening.
Councilmember Valeche announced Tesula Stewart’s brother-in-law had been killed in an
automobile accident and the funeral was the next morning. Councilmember Valeche
requested the budget Resolution he had proposed in January be placed on an agenda for
discussion. Mayor Russo announced that would be discussed tonight under Items for Council
Action. Councilmember Jablin reported he had attended the Metropolitan Planning
Organization meeting and reported the Tri-Rail tracks were being double-tracked up from
the south, quiet zones were being implemented along those tracks and extending out to the
Beeline Highway and crossings were being added at Beeline Highway and Military Trail,
Jog Road and Northlake Boulevard and Beeline Highway to that study. Councilmember
Jablin reported he had learned from Steve Tendrich that Chatsworth from Devonshire had
been recognized with a gold seal qualification, awarded to only 16 out of 600 skilled nursing
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care facilities. Mayor Russo reported Frenchman’s Creek was very concerned about the
double tracking and the possibility of roads being blocked. It was confirmed that the City
had already allotted funds for quiet zones and the City was checking on sound mitigation
from the double tracking. Mayor Russo gave a condensed five-minute version of the State of
the City report that had been provided to the business community, which highlighted the
accomplishments of the past year, including information that the legislature in Tallahassee
had approved locating Scripps at Jupiter/Abacoa and Palm Beach Gardens/Briger Tract.
CITY MANAGER REPORT:
Update on Bio 2006 – Dolores Key, Economic Development and Marketing Director,
presented a review of staff’s trip to Chicago to attend this bioscience event, presented the
packages sent to the business communities to provide sponsorships, and reported close to
$30,000 had been raised. Councilmember Jablin reported he had attended with the staff, and
the City’s booth had been outstanding, and there had been a lot of interest since Scripps was
locating here.
Florida Auditor General Financial Assessment - Finance Administrator Allan Owens
provided the updated assessment information which compared the City’s data with other
Florida Cities and provided a 5-year trend analysis. Mr. Owens reviewed financial indicators
over the 5-year period, and announced the complete report was available in his office to
anyone who would like to review it. Discussion ensued regarding the population number for
the City.
COMMENTS FROM THE PUBLIC:
Steve Martino, Sandalwood, expressed his opinion that the criticism of the City by
Sandalwood residents was somewhat misdirected, that he appreciated their efforts regarding
break-ins, and recommended doing away with the air conditioning skirts. The City Manager
indicated staff was working with the homeowners association.
Vito DeFrancesco, Shady Lakes, reported he had previously informed the City Council he
felt his rights had been violated in the Borland project process, and read from the response
from the City that the Growth Management Director had complete authority to interpret the
provisions of the code. Mr. DeFrancesco expressed his opinion that interpretation by only
one person was not good, could create a perception something was amiss, and reported
instances where he felt the code had not been followed.
Lauren Furtado, Crestdale Street, expressed her opinion something needed to be done about
the golf course; and commented the City was so lucky to have good staff and they were to be
commended, and she would put that in writing. Ms. Furtado noted the City had been able to
obtain many things from waivers and they were good as long as the City benefited from a
waiver. Ms. Furtado commented she would not have been in favor of the Landmark,
commented on other tall buildings that were already built, and asked for an overlay so that in
the future residents’ fears would be relieved that a tall building might be possible in their
back yard.
Carol Estrada, Riverside Drive, reported a comment had been made at a previous meeting
that no residents had been against the Landmark, but there had been residents who opposed
the Landmark.
CONSENT AGENDA:
Councilmember Jablin moved approval of the consent agenda. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote. Therefore, the following item
was approved on the consent agenda:
a. Approve Minutes from the April 20, 2006 regular City Council meeting.
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b. 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.
PUBLIC HEARINGS:
Part I – Quasi-judicial - Mayor Russo announced the procedures that would be followed in
tonight’s quasi-judicial hearing. The City Clerk swore in all those intending to offer
testimony in tonight’s cases.
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. City Attorney Tatum advised this was a continuation of a public
hearing from April 20, 2006 and that all of the testimony and comments made then were a
part of the record tonight. The City Clerk read Resolution 44, 2006 by title. Mayor Russo
declared the public hearing open, and called for ex-parte communication since the last
hearing. Vice Mayor Barnett reported speaking with Eileen Tucker and Paul Auerbach, as
well as many people who had expressed their opinion to her whose names she did not know.
Councilmember Levy reported discussing renderings and building issues with Dodi Glas,
and speaking with John Gary, Jack McDonald, Roma Joseph, Bob Fink, Don Hearing, Doug
Davenport, Lauren Furtado, and Suzanne Carlisle regarding this project, and receiving and
responding to e-mails from Steve Tarr and William Lothmath. Councilmember Valeche
reported he had spoken to Roma Joseph and Erwin Melcher. Councilmember Jablin reported
he had spoken to John Gary, Lauren Furtado, and John Sapo. Mayor Russo reported he
spoke to John Gary and Eileen Tucker. John Gary submitted copies of letters for the record.
Dodi Glas provided a presentation on behalf of the petitioner, highlighting information added
since the last meeting. John Gary presented documents for the record: Resolution 105, 2004;
updated City staff report for tonight and the application; letters in support of the project from
Westport, Menin Corporation, Sid Forbes, Seacoast National Bank, Sembler Company, and
the Gosman Building and Grand Building property managers; a disk from the June 17, 2004
hearing; staff report for Resolution 196, 2003 and the accompanying resolution; excerpts
from the 1983 ADA; all staff files on the Gardens Pointe application; and all other approvals
for Developments of Regional Impact inside the mall. Mayor Russo called for public
comment. Dr. Robert Davis indicated he did not want other high-rise buildings located
outside the area proposed for this project, and questioned whether the code might need
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06
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changing so that so many waivers would not be needed, and suggested smaller buildings.
Gerald Justine, Hazel Avenue, commented the City Council had reviewed all projects over
the years and had done what was best for the City, and he had not heard any of his
neighbor’s voice disapproval of buildings that had been built. Mr. Justine expressed his
opinion this project would fit nicely into the downtown area. Eileen Tucker, Shady Lakes,
read a letter she had e-mailed to Council members suggesting items of importance be early
on the agenda, and stating her position against waivers. Ms. Tucker suggested the PGA
Corridor Coalition be able to meet with staff to provide them with another point of view
regarding projects, and stated she would like to know who wanted all this development,
which she felt benefited only the developers. Irma Jarvis, Cherry Street, expressed concern
regarding housing congestion, fire protection, police costs, and increased traffic. Fire Chief
Bergel explained how fires were fought in high rise buildings. Mayor Russo noted taxes
received would far exceed costs, and the project had received traffic concurrency. Vito
DeFrancesco, Shady Lakes, added that e-mails had not been noted in ex-parte except by
Councilmember Levy, and commented the underlying zoning was why waivers were
required. City Attorney Tatum advised all e-mails to Council at their City address were
included in the documents that were produced. John Romaine, Evergreen resident and
business owner in Downtown at the Gardens, expressed approval for the project. Joan Elias,
Diamond Head Way, expressed her support for the project. Mayor Russo noted a person had
handed him a card and left, which he could not read because the person would not be
available for cross examination. Paul Auerbach, Gardens of Woodberry, spoke against the
project as a resident and as a representative of the PGA Residents’ Coalition. Joel Channing,
former Planning & Zoning Board member, reported he had fought the Landmark project, and
high rise buildings would change the character of the City, but this was already surrounded
by taller buildings, and Mr. Channing requested if this was approved that an overlay be
established. Joseph Nasuti, St. Pietro Circle, Harbor Oaks, a Coulter project, noted residents
in his community were dissatisfied, and suggested that a full-time City inspector watch every
phase of this development. Amir Kanel was sworn in, and expressed support for the project,
but expressed his opinion that this area only, should be designated for high rise buildings.
Councilmember Levy expressed his opinion that the City was not receiving enough benefits,
and asked the applicant to consider funding a transit system study for this area. Discussion
ensued. Councilmember Valeche and Mayor Russo expressed opposition to Councilmember
Levy’s proposal. Hearing no further comments from the public, Mayor Russo declared the
public hearing closed, and asked the Council to continue their discussion. Vice Mayor
Barnett commented she would not sell the skyline for two trolleys. Councilmember Jablin
expressed his opinion that the matter of granting waivers for building heights should be
addressed and the area where high rise building is allowed should be codified. Mayor Russo
expressed concern regarding setting precedent. Vice Mayor Barnett expressed her opinion
that the applicant had not provided enough community benefits to warrant the requested
waivers. Councilmember Valeche expressed his opinion that any community development
should be directly associated with the project. Councilmember Levy expressed his position
that this project would be directly affected by a public transit system. John Sapo, Cotleur
Communities, indicated Cotleur would be willing to enter into an agreement to provide up to
$500,000 to do a test program as an additional public benefit for the waivers.
Councilmember Jablin moved approval of Resolution 44, 2006. Councilmember Levy
moved to add an amendment to Resolution 44, 2006 to add a condition to have the applicant
fund a trial pilot transit program with the dollar amount not to exceed $500,000.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06
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Councilmember Jablin seconded Councilmember Levy’s substitute motion. Discussion
ensued regarding what would happen if a transit system was never developed.
Councilmember Levy stated he would agree to starting a transit system and/or affordable
housing. Councilmember Jablin stated he would second that substitute motion. Mr. Sapo
stated, for the record, the applicant would agree to a condition to fund a pilot transit program
or if the City elected not to do that to make the funds available for an affordable housing
fund. The City Attorney read into the record, additional condition of approval number 50:
The applicant shall within 45 days of the date of this development order enter into an
agreement with the City to provide $500,000 funding for the creation and operation of a City
transit program, and/or for an affordable housing program. This agreement shall be in a
form acceptable to the City Attorney. Councilmember Levy and Councilmember Jablin
withdrew their motions. Councilmember Jablin made a motion to approve Resolution 44,
2006 with condition 50 added into the development order as read into the record by the City
Attorney. Councilmember Levy seconded the motion, which carried by 3-2 vote, with Vice
Mayor Barnett and Councilmember Valeche opposed. Mayor Russo called for developing a
process to protect against other high rise buildings; Councilmember Levy advised he would
not vote for another residential high rise.
Part II – Non-Quasi-judicial
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. The City Clerk read Ordinance 14, 2006 by title only on second
reading. The Deputy Finance Administrator provided a presentation. Councilmember Jablin
made a motion to adopt Ordinance 14, 2006 on second reading by title only. Councilmember
Levy seconded the motion, which carried by unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Councilmember Valeche distributed copies of a resolution he had presented in January and
advised he had since added an 8% cap following the workshop on this matter.
Councilmember Valeche felt this would put the budget on a more business like basis.
Discussion ensued. The present budget process was discussed. Councilmember Levy
suggested a range instead of a set cap and that it be a recommendation. The resolution did
not have the support to be placed on an agenda.
Councilmember Jablin requested a proclamation be done for Chatsworth, and Mayor Russo
commented a picture would be taken.
Councilmember Jablin noted there was $809,000 which was supposed to enhance the City
Hall Park, and asked for a phase-in plan for those funds. Mayor Russo requested a design
plan be brought back for discussion.
Councilmember Jablin suggested the City fund a reception for Scripps and invite all the
Cities and Scripps, and get private sponsorship for it. John Channing had called him the
previous day stating he would like to fund a party for Scripps, in their honor. Mayor Russo
suggested doing it around the ground breaking in October, and that the Councilmembers who
had not been there go on a trip to Scripps.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/18/06
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ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 10:36 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
REGULAR MEETING
June 1, 2006
The June 1, 2006 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:01 p.m. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Talia Suskauer,
Mayor for the Day, 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, Councilmember Valeche, and Mayor for a day Talia Suskauer.
ANNOUNCEMENT:
Mayor Russo thanked Mayor for a Day Talia Suskauer and presented her with an award.
RE-ORDER AGENDA:
Councilmember Jablin made a motion to re-order the agenda to place the Proclamation in
recognition of Chatsworth under Announcements and Presentations. Councilmember Levy
seconded the motion, which carried by unanimous 5-0 vote.
ANNOUNCEMENTS AND PRESENTATIONS:
Recognition of the Palm Beach Gardens High School Girls Softball 2nd State Championship
Mayor Russo reported this was the second year in a row this team had won the
championship, expressed how proud everyone was of the accomplishments of the members
of the team, and presented a plaque of recognition and a softball signed by all the members
of the City Council to the team. The team presented their picture to the Mayor and City
Council. Councilmember Levy recommended dedicating a brick in the courtyard to this
team, last year’s team, Palm Beach Gardens Boys Football 6A State Championship, the
Dwyer High School Girls’ Flag Football Championship and both of the Dwyer High School
Boy’s Basketball Championships. Consensus of Council was to dedicate the bricks as
proposed by Councilmember Levy.
Proclamation -- in recognition of Chatsworth at PGA National, a division of Devonshire
Senior Resort Communities for receiving the Governors Gold Seal Award - Councilmember
Levy made a motion to accept the proclamation. Councilmember Valeche seconded the
motion, which carried by unanimous 5-0 vote. Mayor Russo presented the proclamation to
representatives of the facility, and noted only sixteen of the 651 skilled nursing centers in the
entire state had received this award.
Basketball Camp - Mayor Russo reported Zack Minor, a Palm Beach Gardens resident who
had started a baseball camp for underprivileged children, had been picked by the Detroit
Tigers.
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
Vice Mayor Barnett reported that she and the City Attorney had attended a Florida in the
Sunshine Law seminar. Councilmember Levy commented the Recreation Department had a
great staff, reported he had attended the pre-school graduation and the senior club luncheon,
and had just started his sixth year coaching flag football. Councilmember Valeche reported
property values in the City had increased approximately 26% to about $9 billion, which
would provide an opportunity to cut the millage rate and add to reserves. Mayor Russo
announced the budget process would begin with a Council workshop on June 14 where staff
would present their budgets to Council during a public meeting. Councilmember Jablin
recommended proceeding with the changes to waivers which had been discussed previously,
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by having Treasure Coast participate, using this as a planning tool for the future. Mayor
Russo recommended a planning charrette with all residents of the City in the fall to address
this issue and build consensus of the community. Vice Mayor Barnett recommended holding
a workshop to discuss affordable housing, and a separate workshop to discuss waivers, and
indicated she did not want to see Treasure Coast involved. The Vice Mayor urged that
affordable housing be discussed sooner. Mayor Russo indicated his idea was to discuss high
rises in the fall, in coordination with affordable housing; and agreed that affordable housing
should be discussed sooner. Councilmember Valeche expressed his opinion the results of the
charrette would depend on the questions asked, and he would rather have a referendum than
a charrette. Discussion ensued. Vice Mayor Barnett made a motion to direct the City
Manager to look into language for a referendum and at the same time schedule a charrette to
occur before the referendum, but prepare the language now. Councilmember Valeche
seconded the motion. During discussion of the motion, Mayor Russo, Councilmember Jablin,
and Councilmember Levy indicated they were in favor of a charrette and finding out if there
were appropriate places in the City for high rises. The Vice Mayor indicated she favored a
moratorium on high rise buildings. The City Attorney advised that zoning in progress could
be instituted if it was planned to change the code. Staff was directed to bring back
information on zoning in progress and on holding a charrette. Motion failed 3-2 with Mayor
Russo, Councilmember Jablin, and Councilmember Levy opposed. Mayor Russo indicated
he was getting calls from people who wanted generators in place before hurricane season,
and he had requested this permit process be accelerated. Todd Engle, Construction Services,
reported there was one plans examiner on staff, there were three vacancies, and two
consultants had been hired to help get plans out as fast as possible. The goal was to get the
plans out ten days after the application was submitted. All personnel who had the proper
certification had been brought in to help with the permitting process. Mayor Russo reported
he and Councilmember Jablin attended the funeral of Milt Stern, a resident who attended
many Council meetings and worked tirelessly on Ryder Cup Boulevard. A moment of
silence was observed for Mr. Stern.
CITY MANAGER REPORT:
On-going Service Assessment and Community Outreach Annual Report – Charlotte
Presensky, Community Services, reported one of the tools being used to communicate with
the public was the resident opinion survey that had been conducted. Ms. Presensky provided
an overview of the charts which were created by the research firm, which would be used as a
future planning tool for different items and to focus on what could be done for the residents.
Ms. Presensky reported 400 residents had been surveyed at random, regarding services
provided by the City, taxes, perceived return on taxes, the City’s budget process, contact
with the City, communication by the City, preferred method of communication with the City,
phone broadcasts of City Council meetings, reasons for listening to or attending meetings,
the City’s website, transportation, and areas being developed.
Compensation and Classification Study Report - Sheryl Stewart reported the study had been
provided by an outside firm, HR Management Partners. Laurie Barefoot, with HR
Management Partners, presented the findings of their report, including an overview of the
scope of services including market study results, current pay and practices, and the
recommended pay plan. The position of senior accountant was used as an example, and the
firm’s recommendation was to bring pay up to current competitive levels.
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PGA Boulevard Construction Update – Dan Clark presented a schedule for construction for
widening PGA Boulevard. Phase I would rebuild the North side of the road with traffic
transferred to the South side. The road would be raised about 2-1/2 feet, which would mean
portions would be closed for short periods of time while construction was being done. Phase
II would entail construction for the North side of the road. All of the construction up to
Avenue of the Champions was anticipated to be finished by November, so that the section
needed for the Honda Classic would be completed by the time of that event. All of the work
should be completed in approximately one year from now. Mayor Russo requested this
information be communicated to the Honda people and property owners associations for the
communities affected.
COMMENTS FROM THE PUBLIC:
Carol Estrada, Riverside Drive, commended staff on the code meeting the previous evening,
and advised she had heard only good reports regarding that meeting.
Paula Magnuson, Gardens East Drive, expressed her opinion that many permits for the 2004
hurricane repairs for Sandalwood had been pulled without notice of commencement, asked
why information on their air conditioner skirts was not on the computer, and indicated she
had sent a letter to the Mayor that was never answered. The City Clerk indicated there had
been a reply, and she would check the date.
Suzanne Archer, indicated she lived in the same community as Ms. Magnuson, and she had
been attempting to do a forensic study as to how Sandalwood was repaired, and reported
staff had gone beyond what they needed to in order to provide answers, but some items did
not exist, which was very troubling. Staff responded to comments from Ms. Magnuson and
Ms. Archer.
Linda Hughey recommended more than one item be discussed at charrettes, and suggested
locations for high rise buildings and an overlay, and also noted a moratorium was not a bad
thing. Ms. Hughey asked the amount paid to the consultant for the salary survey, and
expressed her opinion this consultant had talked down to the City Council. Staff reported the
cost was $18,000, which was similar to past salary surveys, but this one had also included
software to maintain the plan. Mayor Russo responded regarding the moratorium that zoning
in progress would be considered after the charrettes.
Joan Elias, Diamond Head Way, noted Milt Stern had been very active in the visioning
process and he would be missed. Ms. Elias commented she agreed with Linda Hughey; they
were both interested in the whole City. Ms. Elias recalled an all-day transportation workshop
for North County, and stated she believed in looking at how things were integrated, that
affordable housing could not be discussed in isolation and more time than one night might be
needed for the discussion.
CONSENT AGENDA: Councilmember Jablin made a motion to approve the consent
agenda. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote.
a. Approve Minutes from the May 4, 2006 Regular City Council meeting.
b. 2nd Quarter Financial Report.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/1/06
4
PUBLIC HEARINGS:
Part I – Quasi-judicial - None
Part II – Non-Quasi-judicial
Ordinance 11, 2006 – (2nd reading and adoption) Firefighters’ Pension Plan. An Ordinance of
the City Council of the City of Palm Beach Gardens, Florida relating to the Firefighters’
Pension Plan; amending Section 38-54, Code of Ordinances, entitled “Finances and Fund
Management,” to permit investments of up to ten percent of the pension plan’s assets in real
estate; providing for codification; and providing an effective date. The City Clerk read
Ordinance 11, 2006 by title on second reading. Finance Director Allan Owens reported
changes to the proposed revised language had been submitted within the past few hours, and
that the changed language would read: Up to 10% of the assets of the fund at cost may be
invested in real estate investment vehicles, including private placement open end funds,
Exchange Traded Funds, ETF’s, Real Estate Investment Trusts, REIT’s, Mutual Funds,
Annuity Funds, Insurance Company pooled funds under group annuity contract as
recommended by financial consultant and recommended by the board. Discussion ensued.
Hearing no comments from the public, Mayor Russo declared the public hearing closed.
Councilmember Jablin moved approval of Ordinance 11, 2006 on second reading by title
only. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. It
was clarified for the record that the approval included the proposed language as read into the
record.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Budget Oversight Committee – Mayor Russo noted this board, originally an oversight board,
had been in operation three years, and had sunset. Councilmember Valeche had been the
liaison for this board. Councilmember Valeche recommended increasing the members to five
and asked that the name be changed to Budget Oversight Board. Concern was expressed that
the function of the committee needed to remain the same and that the business community
should be represented. Mayor Russo made a motion to authorize staff to bring to the next
meeting a resolution to continue the committee, which would be amended at that meeting to
change the sunset date and expand the membership. Councilmember Levy seconded the
motion, which carried by unanimous 5-0 vote.
Councilmember Valeche questioned the City Council’s actions regarding the pay plan study.
City Manager Ferris responded he was authorized to implement the pay plan study under
Ordinance 15, 2004, and planned to do so by July 1, and he would be happy to discuss this
with members of the Council before that date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/1/06
5
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:19 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR BARNETT
____________________________________
COUNCILMEMBER JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
f
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 8, 2006
Meeting Date: July 6, 2006
Resolution: 69, 2006
Su bject/Ag e nda Item :
Purchase award to Landscape Structures, Inc. in the amount of $74,916.14 for a
playground, dog park equipment, and fitness equipment for Lilac Park via a Palm Beach
County Term Contract No. 05074
[ x ] Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by: I citym
Finance Administrator
Com m u n i-
Administrator
Department
Administrator
Approv d by: / &A
City Mapdger
Originating Dept.:
Community Services
Park Director
Advertised :
Date:
Paper:
[ x ] Not Required
Affected parties
Wotified
[ x ] Not required
Costs: $74.91 6.1 4
(Total)
$74.91 6.1 4
Current FY
Funding Source:
[ ] Operating
[ X ] Other
Capital- Project No.
REC0060 Lilac Park
FRDAP
Budget Acct.#:
001.2000.539.6900
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 69, 2006
[ ]None
Date Prepared: June 8,2006
Meeting Date: July 6, 2006
Resolution: 69, 2006
BACKGROUND:
The City was awarded a 50150 matching grant from the Department of Environmental
Protection as part of the Florida Recreation Development Assistance Program for
improvements at Lilac Park, which is located adjacent to Thompson River Linear Park.
Improvements include a playground, canoe launch, picnic facilities, a Dog Park, exercise
trail equipment, and batting cage improvements. This park is part of a connectivity plan for
pedestrian access from Burns Road Community Recreation Campus through the
Thompson River Linear Park to Lilac Park.
Diverse recreation interest groups are targeted with the equipment presented. The
playground equipment is made for ages 2 to 12 years, and includes traditional playground
items such as slides as well as a space net climber and a stationary fire truck. The dog
park equipment includes shade and benches for dog owners, stationary play features and
a fire hydrant. The fitness equipment includes stretching and exercise bars.
Landscape Structures, Inc. is an industry leader in playground equipment and park
amenities. Previous projects installed by this vendor within the City include the playground
at City Park and Riverside Youth Enrichment Center. Pricing for this project is via an
agreement with the Palm Beach County Board of County Commissioners Term Contract
NO. 05-074/MP. The following is a request for a purchase award to Landscape Structures,
Inc. in the amount of $74,916.1 4 for only the playground, dog park equipment, and fitness
equipment.
STAFF RECOMMENDATION: Approve Resolution as presented
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RESOLUTION 69,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A PURCHASE AWARD TO
LANDSCAPE STRUCTURES, INC. FOR RECREATION EQUIPMENT
AT LILAC PARK VIA AN EXISTING CONTRACT WITH PALM BEACH
COUNTY (NO. 05-0741MP); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to install park improvements at Lilac Park as part of the
Florida Recreation Development Assistance Program; and
WHEREAS, Section 2-294 of the City Code of Ordinances permits the City to
“piggyback an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; and
WHEREAS, the City has received quotes from Landscape Structures, Inc., a copy of
which is attached hereto as Exhibit “A”; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to award
the purchase to Landscape Structures, Inc. based on an existing agreement executed by
Palm Beach County (No. 05-074/MP) effective through November 22, 2006, a copy of
which is attached hereto as Exhibit “B”; and
WHEREAS, based on the recommendation of City staff, the City wishes to enter into
an agreement with Landscape Structures, Inc. to provide such products and services in an
amount not to exceed $74,916.14, which agreement has been prepared and is attached
hereto as Exhibit “C”; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards the purchase of recreation equipment
for Lilac Park to Landscape Structures, Inc. in an amount not to exceed $74,916.14 via an
existing contract with Palm Beach County (No. 05-074/MP), and authorizes the Mayor and
City Clerk to execute the agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: June 8, 2006
Resolution 69,2006
PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE --- h
\\pbgsfileMttorney!a\atorney-share\RESOLUTiONS\Landscape Structures agmt - reso 69 2006.doc
2
EXHIBIT “A”
06/08/2006 16:09 IFAX HELPDESK@PBGFL.COM + Justin Lucas @I 001/002
WRUCIURIES
Quoted To: City of Palm Beach Gardens
Parks and Recreation
4404 Burns Road
Palm Beach Gardens, FL 33410
Attn: Justin Lucas
Phone: 561-775-8261
Fax: 561-630-1 140
Proposal No: 23821
Proposal Dated: 3/29/2006
Proposal Expires: 4/30/2006
Please make POs and contracts out to:
Landscape Structures, Inc.
PO Box 198
Delano, MN 55328-0198
Ship To: City of Palm Beach Gardens
Lilac Park
Lilac Street
Palm Beach Gardens, FL 33410
Ann: Justin Lucas
Phone: 561-775-8261
Shlpping: Best Way
Freight: Prepaid
FOB Destination
Fax: 561-630-1 140
Project ID:
Project Name:
For Questlons Call: Kathy Henbach Ph: 407-831-9658 Project Drawing No:
Sales Rep: Kevin Furman Ph 561-333-4451 Project Contact:
E-Mall: kfurman@repservices.com Project Location:
Page 1 of 2
Please mall checks to:
Landscape Structures SDS 12-0395
P.O. Box 86
Minneapolis, MN 55486-0395 -
Bill To: City of Palm Beach Gardens
4404 Burns Road
Palm Beach Gardens, FL 33410
Attn: Justin Lucas
Phone: 561-775-8261
Fax: 561-630-1 140
Terms: Net 30 Wlth LSI APPROVAL
Revision: 1 2026 Option: A
Lilac Park Playground
Justin Lucas
Lilac Street
Palm Beach Gardens, FL 33410 Palm Beach
4997-1-2
-
Class PartNo. Qty Description Unit Wt Unit Price Ext Welght Ext. Price
Ages 6-12, PlayBooster and Spacenet
Landscape Structures
Climbers IPl42428A-001 I SPACENET MODEL 3030 820 $10,900.00 820 $10,900.00
PB148432B-007 1 CORKSCREW WlPERM 72 DECK 79 $700.00 79 $700.00
PB143198A-004 I CORNER CLIMBER 64 DECK 156 $2,190.00 156 $2,190.00
PB122570A-001 1 CLIFF CLIMBER 48 DECK 138 $960.00 138 $960.00
PB122913B-001 1 SNAKE CLIMBER 64 DECK 130 $1,050.00 130 $1,050.00
Decks PBl11232A-OOl 1 HEXAGON TENDERDECK 285 $1,600.00 285 $1,600.00
PB121948A-001 1 KICK PLATE FOR 8 RISE 13 $66.00 13 $66.00
PB152911C-004 1 CURVED TRANSFER MOD LEFT 279 $1,580.00 279 $1.580.00
PB111228A-001 1 SQUARE TENDERDECK 118 $560.00 118 $560.00
PB111229A-001 1 SQUARE DECK EXTENSION 105 $535.00 105 $535.00
PBl22197A-001 1 TRIANGULAR TENDERDECK 90 DEG 66 $465.00 66 $465.00
Playthings IP152179A-001 1 SADDLE SPINNER 40 $635.00 40 $635.00
Learning Walls PB115227A-001 4 ZOO PANEL ABOVE DECK 36 $330.00 144 $1.320.00
PB115254A-001 1 STORE FRONT PANEL 24 $340.00 24 $340.00
Posts PB111404B-001 4 140ALUM. POST 34 $200.00 136 $800.00
PB111404A-001 5 148 ALUM. POST 36 $210.00 180 $1.050.00
PBI 11 404C-001 4 132 ALUM. POST 31 $195.00 124 $780.00
Signage IP100106A-001 1 SIGN, 5-12 YEARS 42 $405.00 42 $405.00
Miscellaneous PB152908A-001 1 DECK LINK W/HANDRAILS (1 STEP) 95 $730.00 95 $730.00
Slides PB13039OA-001 1 DOUBLE SWOOSH POLY SLIDE 64 DECK 180 $1,290.00 180 $1,290.00
PB144414A-004 1 CLOUDBURST TRIPLE SLIDE 475 $2,450.00 475 $2.450.00
Subtotal Ages 5-12. PlayBooster and Spacenet 3,629 $30,406.00 I- _.-
Ages 2-5, Playshaper and Flre Engine
Landscape Structures
Climbers PS139911A-001
Decks PSI 11237A-001
Learning Walls PS144984A-001
PSll1281A-001
PSI 18429A-001
PS117946A-001
Posts PS111397D-001
PSlll397C-001
PSI 11397A-001
THUNDERHEAD CLIMBER
SQUARE TENDERDECK
STORE PANEL
SLANT WNDOW PANEL
PERISCOPE PANEL
WIRE BARRIER
98 POST
106 POST
122 POST
540 $3,400.00
102 $430.00
20 $225.00
49 $675.00
55 $805.00
34 $270.00
19 $165.00
21 $170.00
25 $190.00
540
306
20
49
55
34
38
42
50
$3,400.00
$1,290.00
$225.00
$675.00
$805.00
$270.00
$330.00
$340.00
$380.00
We are pleased lo provide you with this proposal. If you have any questions, please contact us at:
REP SERVICES, INC. * 902 Waterway Place - Longwood, FL 32750-3573 .407.831.9658 (P) - 407.834.5366 (F)
800.992.5357 . Offices Statewide . www.repsewices.com
06/08/2006 16:09 IFAX €IELPDESK@PBGFL.COM + Justin Lucas @J 002/002
Proposal No: 2382 1 Page 2 of 2 Proposal To: City of Palm Beach Gardens
Proposal Dated: 3/29/2006 Project ID: 2026 Option: A Revision: 1
Proposal Expires: 4130/2006 Project Name: Lilac Park Playground
For Questlons Call: Kathy Herrbach Ph: 407-831-9658 Project Drawing No: 4997-1-2
Sales Rep: Kevin Furman Ph: 561-333-4451 Project Contact: Justin Lucas
€-Mall: kfurman@repservices.com Project Location: Lilac Street
Palm Beach Gardens, FL 33410 Palm Beach
PSl11397B-001 6 114 POST 23 $175.00 138 $1,050.00
PS111397F-001 2 82 POST 15 $150.00 30 $300.00
Slgnage IP100105A-001 1 SIGN, 2-5 YEARS 42 $405.00 42 $405.00
Miscellaneous PS153021AdOl 1 DECK LINK WlPERM BARRIER(1 STEP) 84 $605.00 84 $605.00
PS123284A-001 1 WIGGLE LADDER 32 DECK D.B. 41 $375.00 41 5375.00
PS111362A-001 1 TALK TUBE 40' TUBING KIT 15 $115.00 15 $115.00
PSll1364A-004 1 LOOP LADDER 48 DECK 59 $510.00 59 $510.00
PS115198A-001 2 TALK TUBE (NO POST) 12 $255.00 24 $510.00
PS111348A401 1 ARCH BRIDGE 153 $1,170.00 153 $1,170.00
PS139272A-001 1 CHINNING BAR 7 $60.00 7 $60.00
Slides PS132117CM)l 1 SLIDEWINDER2 48 DECK 193 $1,425.00 193 $1,425.00
Spring Riders IPl4864OA-001 1 FIRE ENGINE - DB ONLY 1270 $9.345.00 1,270 $9.345.00
Subtotal Ages 2-5, Playshaper and Fire Engine 3,292 $24,395.00
Subtotal Landscape Structures 6,921 $54,801.00
Global Discount Applied: 4.00% ($2,192.04)
$52,608.96 Equipment Subtotal:
Freight Charge: $4,500.00
$57,108.96
PS137966A-004 1 CRITTER CANYON CLIMBER 102 $810.00 102 $810.00
Equipment Total: $52,60a.96
Grand Total:
Pricing per Palm Beach County Board of County Commissloners Term Contract #05-0741MP. Purchase & delivery only: 4% discount.
When placing an order, please select colors from those shown on the back inside cover of the catalog.
WRITTEN COLOR SELECTION AND SUPPORT OPTION (DIRECT BURY, SURFACE MOUNT, OR OTHER) MUST ACCOMPANY SIGNED
PROPOSAL OR PURCHASE ORDER.
Notes:
This proposal is for material, frelght and applicable tax only. BUILDING PERMITS, SITE PREPARATION, UNLOADING, ASSEMBLY,
MAKE ARRANGEMENTS FOR UNLOADING.) This quote will be provided under separate cover by a certified Landscape Structures installer.
INSTALLATION, AND SURFACING - BY OTHERS. (THE DRIVER WILL NOT UNLOAD THIS SHIPMENT, SO PURCHASER IS REQUIRED TO
CURRENT ECONOMIC CONDITIONS RELATED TO FUEL COSTS ARE VOLATILE. CHANGES IN FUEL PRICING ARE AFFECTING FREIGHT
COSTS. BE SURE TO PLACE YOUR ORDER BEFORE THE EXPIRATION DATE SHOWN ABOVE TO SECURE THE PRICES ON THIS
PROPOSAL.
IN ADDITION, ORDERS PLACED BASED ON THIS PROPOSAL ARE SUBJECT TO MANUFACTURERS STANDARD LEAD TIME. REQUESTS
FOR EXTENDED SHIPPING TIMES MAY RESULT IN ADDITIONAL COSTS, SUCH AS FREIGHT INCREASES, RAW MATERIAL COST
INCREASES, ETC.
Shlpplng Notes: FREIGHT COMPANY MUST CALL 48 HOURS PRIOR TO DELIVERY: Justin Lucas. 561-775-8261
To order, please sign below and return to Rep Services Inc. at the address or fax number noted below. Thank You
Name
~~
Date
We are pleased to provide you with this proposal. If you have any questions, please contact us at:
800.992.5357 Offices Statewide . www.repservices.com
REP SERVICES, INC. - 902 Waterway Place Longwood, FL 32750-3573 * 407.831.9658 (P) - 407.834.5366 (F)
06/08/2006 16:09 IFAX HELPDESK@PBGFL.COI 3 Justin Lucas @J001/002
LANDSCAPE SCRUCIURIES Please make POs and contracts out to:
Landscape Structures, Inc.
PO Box 198
Delano, MN 55328-0198
Quoted To: City of Palm Beach Gardens
Parks and Recreation
4404 Burns Road
Palm Beach Gardens, FL 3341 0
Attn: Justin Lucas
Phone: 561-775-8261
Fax: 561-630-1140
Proposal No: 23844
Proposal Dated: 3/31/2006
Proposal Expires: 4/30/2006
Ship To: City of Palm Beach Gardens
4404 Burns Road
Palm Beach Gardens, FL 33410
Attn: Justin Lucas
Phone: 561-775-8261
Shipping: Best Way
Freight: Prepaid
FOB: Destination
Fax: 561-630-1 140
Project ID:
Project Name:
For Questions Call: Kathy Henbach Ph: 407-831-9658 Project Drawing No:
Sales Rep: Kevin Furman Ph: 561-3334451 Project Contact:
E-Malk kfurman@repsenrices.com Project Location:
Page 1 of 2
Please mail checks to:
Landscape Structures SDS 12-0395
P.O. Box 86
Minneapolis, MN 55486-0395
Bill To: City of Palm Beach Gardens
4404 Bums Road
Palm Beach Gardens, FL 33410
Attn: Justin Lucas
Phone: 561-775-8261
Fax: 561-630-1 140
Terms: Net 30 With LSI APPROVAL
Revlslon: 2 2026 Optlon: A
Lilac Park, Dog Park 8 Fitness Trail Complex
5094-1-3 and Custom
Justin Lucas
Lllac Street
Palm Beach Gardens, FL 33410 Palm Beach
Class PartNo. Qty Descriptlon Unit Wt Unit Price Ed Weight Ed Price
Fltnrss Trail Complex
Playthings IPl23517C-001 1 STAT CYCLER PEDALSMANDLES
Sports 8 Fitness IP138106A-001 1 VC2000 PULL-UP STATION 125 $1.010.00 125 $1,010.00
91 $600.00 91 $600.00
91 $600.00 91 $600.00
Subtotal Fitness Trail Complex 391 $3,410.00
Dog Park Components and Single Post Cool Toppers
Landscape Structurea
84 $1,200.00 84 $1,200.00 ALUMINUM DB
IP112792A-001 1 VC2000 CALF STRETCH STATION
IPl12789A-001 1 VC2000 ISOMETRIC SQUAT STATION
Landscape Structures
SkateWave SW-139194-00- 1 FIRE HYDRANT
Custom CP-6055E 1 Dog Long Crawl. Includes (2) tunnel
000
sections, (2) permalene end panels and (4)
footers
CP-6055A 1 Dog "A" Frame Ramp. Includes (2) 10' long
ramps, 40 wide. Height to be at 48" at
center. Includes (2) 84"AL BP DB posts,
(1) transition bracket and (2) custom end
supports.
posts and a Permalene Panel with a square
hole.
CP-6055C 1 Custom Dog hole jump. Includes 2 DB PS
Cool Toppers IP13649lA-001 3 SINGLE POST COOLTOPPER ..
Subtotal Dog Park Components and Slngle Post Cool Toppers 1,756 $13.842.00
Subtotal Landscape Structures 2,147 $17.252.00
Global Discount Applied: 4.00% ($690.06)
Equipment Subtotal: $16,561.92
Equipment Total: $16,561.92
Freight Charge: $1,245.26
Grand Total: $17,807.1 8
Notes: Priang per Palm Beach County Board of County Commissioners Term Contract #05074, Playground 8 Park Equipment. Purchase 8 delivery only:
4% discount.
When placing an order, please choose colors and a supporl option from those shown on page 4.
We are pleased lo provide you with this proposal. If you have any questions, please contact us at:
REP SERVICES, INC. . 902 Waterway Place. Longwood, FL 32750-3573 - 407.831.9658 (P) 407.834.5366 (F)
800.992.5357 . Offices Statewide . www.repsewices.com
5 $190.00 5 $190.00
130 $1.225.00 130 $1,225.00
742 $3,942.00 742 $3,942.00
60 $850.00 60 $850.00
273 52.545.00 819 $7,635.00
06/08/2006 16:lO IFAX HELPDESK@PBGFL.COM
Q 002/002 -t Justin Lucas
, .. I
Proposal No: 23844
Proposal Dated: 3/31/2006 Project ID 2026 Option: A
Proposal Expires: 4/30/2006 Project Name: Lilac Park, Dog Park 8 Fitness Trail Complex
For Questions Call: Kathy Herrbach Ph: 407-831-9658 Project Drawing No: 5094-1-3 and Custom
Sales Rep: Kevin Furman
E-Mall: kfurman@repservice corn Project Location: Lilac Street
Page 2 of 2 Proposal To: City of Palm Beach Gardens
Revlslon: 2
Ph: 561-333-4451 Project Contact: Justin Lucas
Palm Beach Gardens, FL 33410 Palm Beach
This proposal is for material, freight and applicable tax only. BUILDING PERMITS, SITE PREPARATION, UNLOADING. ASSEMBLY,
INSTALLATION, AND SURFACING - BY OTHERS. (THE DRIVER WlLL NOT UNLOAD THIS SHIPMENT, SO PURCHASER IS REQUIRED TO
MAKE ARRANGEMENTS FOR UNLOADING.)
CURRENT ECONOMIC CONDITIONS RELATED TO FUEL COSTS ARE VOLATILE. CHANGES IN FUEL PRICING ARE AFFECTING FREIGHT
COSTS. BE SURE TO PLACE YOUR ORDER BEFORE THE EXPIRATION DATE SHOWN ABOVE TO SECURE THE PRICES ON THIS
PROPOSAL.
IN ADDITION, ORDERS PLACED BASED ON THIS PROPOSAL ARE SUBJECT TO MANUFACTURER'S STANDARD LEAD TIME. REQUESTS
FOR EXTENDED SHIPPING TIMES MAY RESULT IN ADDITIONAL COSTS, SUCH AS FREIGHT INCREASES, RAW MATERIAL COST
INCREASES, ETC.
Shlpplng Notes: FREIGHT COMPANY MUST CALL 48 HOURS PRIOR TO DELIVERY: Justin Lucas, 561-775-6261
To order, please sign below and return to Rep Services lnc. at the address or fax number noted below. Thank You.
Name Date
We are pleased to provide you with this proposal. If you have any questions, please contact us at:
800.992.5357 Offices Statewide www.repservices.com
REP SERVICES, INC. 902 Waterway Place - Longwood, FL 32750-3573 m407.831.9658 (P) .407.834.5366 (F)
Date Prepared: June 8, 2006
Resolution 69, 2006
EXHIBIT “B”
Form L
RE: TERM CONTRACT #: 05074
I
Thls is to inform you that Palm Beach County Board of County Commissioners is
enterlng into a Term Contract with your company for PLAYGROUND AND PARK
EQUIPMENT based on the following:
BID #05-0741MP
AWARDED ITEMS AS FOLLOWS:
LOT #I - ITEM #2 LOT #2 - ITEM #2:
Landscape Structures, lnc. Landscape Structures, Inc.
The term of thls contract is 05123105 through 11122106. The estimated dollar value for
all awarded vendors is $950,000.00.
The obligations of Palm Beach County under this contract are subject to the
availability of funds lawfully appropriated for its purpose by the State of Florida and
the Board of County Cornmlssioners.
Palm Beach County Departments will issue individual hard copy orders against this
contract as your authorization to deliver. All invoices must reference a unique
document number (e.g. CPOlDO 680 XY03030500000000001111 or CPOlDO 680
XY030305*1 I1 1). Failure to provide an order number with each invoice will result in a
delay in processing payment.
If you have any questions, please contact Colleen Cardillo at (561) 616-6839.
Slncerely,
Kathleen M. Scarlett
Director
c: Tom Landy, Parks & Recreation
File ! !
Page 16
BID RESPONSE
BID #05-074/MP
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
LOT I- PURCHASE AND DELIVERY ONLY- PERCENTAGE DISCOUNT FROM BIDDER'S CURRENT CATALOG LIST PRICE
PERCENTAGE DISCOUNT
(PURCHASE AND DELIVERY ONLY) , ITEM #I
'BIDDER'S CATALOG NAME:
% NA NA
i
'Bidder's catalog shall include generic praduct(s) made for or by bidder and shall not include other manufacturer's product(s).
NOTE: Bidder should provide catalog with their bid.
PURCHASE AND DEL'~NERY ONLY - PERCENTAGE DISCOUNT FROM MANUFACTURER'S CURRENT LIST PRKE
PERCENTAGE DISCOUNT
ITEM# NAME OF MANUFACTURER (PURCHASE AND DELIVERY ONLY)
2. LANDSCAPE STRUCTURES, INC. Il?niirl A %
% NA
NA %
NA %
-
- -
LOT 11- PURCHASE. DELIVERY 8 INSTALLATION - PERCENTAGE (PLUS + OR MINUS - ) BASED ON BIDDER'S CURRENT
CATALOG LIST PRICE
PERCENTAGE
(PURCHASE, DELIVERY & INSTALLATION)
ITEM #l CIRCLE EITHER + OR -WITH PERCENTAGE
'BIDDER'S CATALOG NAME:
NA (+ 1-1 NA %
'Bidder's catalog shall include product(s) made for or by bidder and shall not include other manufacturer's product(s).
NOTE: Bidder should provide catalog with their bid,
PURCHASE. DELIVERY & INSTALLATION - PERCENTAGE (plus + or minus -) BASED ON MANUFACTURERS CURRENT LIST
PRICE
PERCENTAGE
(PURCHASE, DELIVERY & INSTALLATION)
ITEM# NAME OF MANUFACTURER CIRCLE EITHER + OR -WITH PERCENTAGE
2. LANDSCAPE STRUCTURES, INC. (+ 1 -1 177-5 %
%
(+I-) NA %
NA - (+I-)
- (+ 1-1 NA Yo
-
I (+ 1-1 XT n %
Continued.. ..
FIRM NAME: Landscape Structures Inc.
@ OFFER EXTENDED TO OTHER GOVERNMENTAL
ENTITIES: Palm Beach Coirnty encourages and agrees to
the successful bidder extending the pricing, terms and
conditions of this solicitation or resultant contract to other
governmental entities at the discretion of the successful
bidder.
1. PERFORMANCE DURING EMERGENCY: By submitting
a bid, bidder agrees and promises that. during and after a
public emergency, disaster, hurricane, flood, or acts of
God, Palm Beach County shall be given “first priority” for all
goods and services under this contract. Bidder agrees to
provide all goods and services to Palm Beach County
throughout the emergency/disaster at the terms, conditions,
and prices as provided in this solicitation, and with a priority
above, a preference over, sales lo the private sector.
Bidder shall furnish a 24-hour phone number to the County
in the event of such an emergency. Failure to provide the
stated prioritylpreference during an emergencyldisaster
shall constitute breach of contract and make the bidder
subject to sanctions from further business with the County.
4. BID OPENING/AWARD OF BID
a. OBSERVING THE PUBLISHED BID OPENING TIME:
The published bid opening time shall be scrupulously
observed. It is the sole responsibility of the bidder to
ensure that their bid arrives in the Purchasing Department
prior to the published bid opening time. Any bid delivered
after the precise time of bid opening shall not be
considered, and shall be returned to the bidder unopened
if bidder identification is possible without opening. Bid
responses by telephone, telegram. or facsimile shall not be
accepted. Bidders shall not be allowed to modify their bids
after the published bid opening time.
b. POSTING OF AWARD RECOMMENDATION:
Recommended awards shall be publicly posted for review,
at the Purchasing Department prior to final approval, and
shall remain posted for a period of five (5) business days.
Bidders desiring a copy of the bid posting summary may
request same by enclosing a self-addressed, stamped
envelope with their bid. (NOTE: As a service to bidders,
the County provides an unofficial list of award postings on
our web site at www.pbcaov.comlpur and on our bid hot-
line, telephone 561-795-8080. These listings are updated
. weekly, normally on Friday. If any discrepancy between
these listings and the official posting in the Purchasing
Department. the latter shall prevail.)
C. PROTEST PROCEDURE: Protest procedures are
provided in the Palm Beach County Purchasing Code.
Protests must be in writing, addressed to the Director of
Purchasing, identify the solicitation, specify the basis for
the protest, and be received by the Purchasing Department
within five (5) business days of the posting date of the
recommended award. The protest is considered filed when
il is received by the Purchasing Department. Failure to file
protest as outlined in the Palm Beach County Purchasing
Code shall constitute a waiver of proceedings under the
referenced County Code.
5.
a.
b.
C.
d.
e.
CONTRACT ADMINISTRATION
DELIVERY AND ACCEPTANCE: Deliveries of all items
shall be made as soon as possible. Deliveries resulting
from this bid are to be made during the normal working
hours of the County. Time is of the essence and
delivery dates must be met. Should the successful
bidder fail to deliver on or before the stated dates, the
County reserves the right to CANCEL the order or
contract and make the purchase elsewhere. The
successful bidder shall be responsible for making any
and all claims against carriers for missing or damaged
items.
Delivered items shall not be considered “accepted” until
an authorized agent for Palm Beach County has, by
inspection or test of such items, determined that they
appear to fully comply with specifications. The Board of
County Commissioners may return, at the expense of
the successful bidder and for full credit, any item(s)
received which fail to meet the County’s specifications or
performance standards.
FEDERAL AND STATE TAX: Palm Beach County is
exempt from Federal and State taxes. The authorized
agent for Purchasing shall provide an exemption
certificate to the successful bidder. upon request.
Successful bidders are not exempted from paying sales
tax to their suppliers for materials to futfill contractual
obligations with the County, nor are successful bidders
authorized to use the County‘s Tax Exemption Number
in securing such materials.
PAYMENT: Payment shall be made by the County after
commoditiedservices have been received. accepted and
properly invoiced as indicated in the contract andlor
order. Invoices must bear the order number. The
Florida Prompt Payment Act is applicable to this
solicitation.
CHANGES: The Director of Purchasing, Palm Beach
County, by written notification to the successful bidder
may make minor changes to the contract terms. Minor
changes are defined as modifications which do not
significantly alter the scope. nature, or price of the
specified goods or services. Typical minor changes
include, but are not limited to. place of delivery, method
of shipment, minor revisions to custombed work
specifications, and administration of the contract. The
successful bidder shall not amend any provision of the
contract without written notification to the Director of
Purchasing, and written acceptance from the Director of
Purchasing or the Board of County Commissioners.
EQUITABLE ADJUSTMENT: The County may. in its
sole discretion, make an equitable adjustment in the
Contract terms andlor pricing if pricing or availability Of
supply is affected by extreme and unforeseen volatility
in the marketplace, that is, by circumstances that satisfy
all the following criteria: (1) the volatility is due to causes
wholly beyond the successful bidder’s control. (2) the
volatility affects the marketplace or industry, not just the
particular successful bidder’s source of supply. (3) the
Form L
May 17,2005
Mr. J.T. Almon II
REP Services, Inc.
902 Waterway Place
Longwood, FL 32750
Dear Mr. Almon II:
This is to inform you that Palm Beach County Board of County Commissioners is
entering into a Term Contract with your company for PLAYGROUND AND PARK
EQUIPMENT based on the following:
RE: TERM CONTRACT #: 05074
BID #05-074/MP
AWARDED ITEMS AS FOLLOWS:
LOT #I - ITEM #6: LOT #2 - ITEM #6:
Dumor, Inc. Dumor, Inc.
The term of this contract is 05/23/05 through 11/22/06. The estimated dollar value for
all awarded vendors is $950,000.00.
The obligations of Palm Beach County under this contract are subject to the
availability of funds lawfully appropriated for its purpose by the State of Florida and
the Board of County Commissioners.
Palm Beach County Departments will issue individual hard copy orders against this
contract as your authorization to deliver. All invoices must reference a unique
document number (e.g. CPOlDO 680 XY03030500000000001111 or CPOlDO 680
XY030305*1 I 11). Failure to provide an order number with each invoice will result in a
delay in processing payment.
If you have any questions, please contact Colleen Cardillo at (561) 616-6839.
Sivcerely,
Khthleen M. Scarlett
Director
C: Tom Landy, Parks & Recreation
File
OFFER EXTENDED TO OTHER GOVERNMENTAL @ ENTITIES: Palm Beach County encourages and agrees to
the successful bidder extending the pricing, terms and
conditions of this solicitation or resultant contract to other
governmental entities at the discretion of the successful
bidder.
1. PERFORMANCE DURING EMERGENCY: By submitting
a bid, bidder agrees and promises that, during and after a
public emergency, disaster, hurricane, flood, or acts of
God, Palm Beach County shall be given “first priority” for all
goods and services under this contract. Bidder agrees to
provide all goods and services to Palm Beach County
throughout the emergency/disaster at the terms, conditions.
and prices as provided in this solicitation, and with a priority
above, a preference over, sales to the private sector.
Bidder shall furnish a 24-hour phone number to the County
in the event of such an emergency. Failure to provide the
stated priority/preference during an emergencyldisaster
shall constitute breach of contract and make the bidder
subjecl to sanctions from further business with the County.
4. BID OPENINWAWARD OF BID
a. OBSERVING THE PUBLISHED BID OPENING TIME:
The published bid opening time shall be scrupulously
observed. It is the sole responsibility of the bidder to
ensure that their bid arrives in the Purchasing Department
prior to the published bid opening time. Any bid delivered
after the precise time of bid opening shall not be
considered, and shall be returned to the bidder unopened
if bidder identification is possible without opening. Bid
responses by telephone, telegram, or facsimile shall not be
accepted. Bidders shall not be allowed to modify their bids
after the published bid opening time.
b. POSTING OF AWARD RECOMMENDATION:
Recommended awards shall be publicly posted for review,
at the Purchasing Department prior to final approval, and
shall remain posted for a period of five (5) business days.
Bidders desiring a copy of the bid posting summary may
request same by enclosing a self-addressed, stamped
envelope with their bid. (NOTE: As a service to bidders,
the County provides an unofficial list of award postings on
our web site at www.Rbcuov.coml8ur and on our bid hot-
line, telephone 561-795-8080. These listings are updated
weekly, normally on Friday. If any discrepancy between
these listings and the official posting in the Purchasing
Department, the latter shall prevail.)
c. PROTEST PROCEDURE: Protest procedures are
provided in the Palm Beach County Purchasing Code.
Protests must be in writing, addressed to the Director of
Purchasing, identify the solicitation, specify the basis for
the protest, and be received by the Purchasing Department
within five (5) business days of the posting date of the
recommended award. The protest is considered filed when
it is received by the Purchasing Department. Failure to file
protest as outlined in the Palm Beach County Purchasing
Code shall constitute a waiver of proceedings under the
referenced County Code.
Page 7
5. CONTRACT ADMINISTRATION
a. DELIVERY AND ACCEPTANCE: Deliveries of all items
shall be made as soon as possible. Deliveries resulting
from this bid are to be made during the normal working
hours of the County. Time is of the essence and
delivery dates must be met. Should the successful
bidder fail to deliver on or before the stated dates, the
County reserves the right to CANCEL the order or
contract and make the purchase elsewhere. The
successful bidder shall be responsible for making any
and all claims against carriers for missing or damaged
items.
Delivered items shall not be considered “accepted” until
an authorized agent for Palm Beach County has, by
inspection or test of such items. determined that they
appear to fully comply with specifications. The Board of
County Commissioners may return, at the expense of
the successful bidder and for full credit, any item@)
received which fail to meet the County’s specifications or
performance standards.
b. FEDERAL AND STATE TAX: Palm Beach County is
exempt from Federal and State taxes. The authorized
agent for Purchasing shall provide an exemption
certificate to the successful bidder, upon request.
Successful bidders are not exempted from paying sales
tax to their suppliers for materials to fulfill contractual
obligations with the County, nor are successful bidders
authorized to use the County‘s Tax Exemption Number
in securing such materials.
PAYMENT: Payment shall be made by the County after
commoditiedservices have been received, accepted and
properly invoiced as indicated in the contract andlor
order. Invoices must bear the order number. The
Florida Prompt Payment Act is applicable to this
solicitation.
c.
d. CHANGES: The Director of Purchasing, Palm Beach
County, by written notification to the successful bidder
may make minor changes to the contract terms. Minor
changes are defined as modifications which do not
significantly alter the scope. nature, or price of the
specified goods or services. Typical minor changes
include. but are not limited to, place of delivery, method
of shipment, minor revisions to customized work
specifications, and administration of the contract. The
successful bidder shall not amend any provision of the
contract without written notification to the Director of
Purchasing, and written acceptance from the Director of
Purchasing or the Board of County Commissioners.
e. EQUITABLE ADJUSTMENT: The County may, in its
sole discretion, make an equitable adjustment in the
Contract terms andlor pricing if pricing or availability of
supply is affected by extreme and unforeseen volatility
in the marketplace, that is, by circumstances that satisfy
all the following criteria: (1) the volatility is due to causes
wholly beyond the successful bidder’s control, (2) the
volatility affects the marketplace or industry, not just the
particular successful bidder’s source of supply, (3) the
Page 16
dp YV
'BIDDERS CATALOG NAME:
BID RESPONSE
BID #05-074/MP
2.
3.
4.
5.
6.
PLAYGROUND AND PARK EQUIPMENT,
TERM CONTRACT
a%
rd %
As74 %
NP %
% - DUMOR. INC.
LOT I- PURCHASE AND DELIVERY ONLY- PERCENTAGE DISCOUNT FROM BIDDER'S CURRENT CATALOG LIST PRICE
2.
3.
4.
5.
6.
(+ 1-1 dd %
(+ 1-1 rcrA %
(+/-I m Yo
,- (+ 1-1 P ff %
--
DUMOR (O/ -1 ;h4 Yo
'Bidder's catalog shall include generic product(s) made for or by bidder and shall not include other manufacturer's produc!(s).
NOTE: Bidder should provide catalog with their bid.
PURCHASE AND DELIVERY ONLY - PERCENTAGE DISCOUNT FROM MANUFACTURERS CURRENT LIST PRICE
LOT II- PURCHASE, DELIVERY 8 INSTALLATION - PERCENTAGE (PLUS + OR MINUS - ) BASED ON BIDDERS CURRENT
CATALOG LIST PRICE
PERCENTAGE
(PURCHASE, DELIVERY 8 INSTALLATION)
ITEM #1 CIRCLE EITHER + OR -WITH PERCENTAGE
'BIDDER'S CATALOG NAME:
(+ 1 -) AM %
'Bidder's catalog shall include product(s) made for or by bidder and shall not include other manufacturer's product(s).
NOTE: Bidder should provide catalog with their bid.
Continued .... - -
Date Prepared: June 8, 2006
Resolution 69, 2006
EXHIBIT “C”
AGREEMENT FOR
PLAYGROUND, DOG PARK EQUIPMENT, AND FITNESS EQUIPMENT
THIS AGREEMENT is made this day of , 2006, by and
between the City of Palm Beach Gardens, a municipal corporation (hereinafter referred
to as the ‘CITY), whose address is 10500 North Military Trail, Palm Beach Gardens,
Florida 33410, and Landscape Structures, Inc. (hereinafter referred to as the
“CONTRACTOR”), whose address is 601 7th Street South, Delano, Minnesota 55328.
WHEREAS, the CONTRACTOR bid on those certain Specifications and Bid
Documents for Playground and Park Equipment, Bid Number 05-074/MP, and Term
Contract #05074 (hereinafter referred to as the “Project”), issued by the Palm Beach
County Board of County Commissioners; and
WHEREAS, the CONTRACTOR has been deemed to be the responsive bidder,
and the CITY desires to piggyback on the agreement from the CONTRACTOR on the
terms and conditions more particularly described below and as contained in the
specifications and bid documents for Playground and Park Equipment, Bid Number 05-
074/MP, and Term Contract #05074, and the CONTRACTOR’S response thereto, all of
which are hereinafter incorporated by reference and are referred to as “Specifications
and Bid Documents”; and
WHEREAS, the CONTRACTOR is desirous of entering into the agreement with
the CITY pursuant to the terms and conditions more particularly described herein and
pursuant to the Specifications and Bid Documents.
NOW, THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration of which the parties hereto acknowledge, the
parties agree as follows:
I. The above recitals are true and correct and are incorporated herein by
reference.
2. The CONTRACTOR shall perform the services and duties as provided for in the
Specifications and Bid Documents and comply with all of the terms provided for
in the Specifications and Bid Documents.
3. This Agreement term shall be in accordance with the Specifications and Bid
Documents. The contract amount that the CITY is permitted to spend in
connection with the Palm Beach County Board of County Commissioners and
this Agreement with the CONTRACTOR is for an amount of $74,916.14. All
services and products to be purchased and work to be performed shall be done
via a purchase order in such form as determined by the CITY. Nothing herein,
however, shall prevent the CITY from seeking a budget amendment should it
require additional sums of money for this Project and a change in the scope of
services. All purchases pursuant to this Agreement shall be done in
accordance with the CITY’S Purchasing and Procurement Manual and
Procedures thereto. All purchases shall be evidenced by such approved
purchase orders.
4. The CONTRACTOR shall provide to the CITY all services, work, and products
that are necessary to fulfill its obligations pursuant to the Project and the
Specifications and Bid Documents. All prices for the items and work herein
shall be in accordance with the CONTRACTOR’S response to the Project and
in accordance with the Specifications and Bid Documents. All purchases shall
be evidenced by a purchase order from the CITY.
5. The CONTRACTOR shall maintain all insurance as is required by the
Specifications and Bid Documents. Prior to commencing any work, performing
services, or supplying products, the CONTRACTOR shall provide to the CITY
such insurance coverage that the CITY has requested in the Specifications and
Bid Documents. In addition, the CONTRACTOR agrees to provide to the CITY
such other insurance coverage requested by the CITY’S Department of Risk
Management and with such coverage amounts and deductibles as is requested
by such Department. The CITY shall require the following insurance with the
limits as provided for herein:
General Liability Insurance $500,000
Business Automobile Liability Insurance $500,000
Workers’ Compensation Insurance $1 00,000
In addition, prior to commencing any work or supplying any products pursuant
to the Project or the Specifications and Bid Documents, the CONTRACTOR
agrees to provide to the CITY Payment and Performance Bonds written on
such forms that are provided by the CITY and in such amounts so as to cover
and assure the faithful performance of the CONTRACTOR pursuant to the
terms herein and in the Specifications and Bid Documents. The amount of
such bonds and the form of such bonds shall be determined by the CITY and
shall be in conformance with Section 255.05, Florida Statutes, if applicable.
The CONTRACTOR shall be required to provide releases of liens and Final
Contractor‘s Affidavit in accordance with F.S. 713.01 et. Seq. upon payments
herein and as required by the CITY.
2
6. All renewals of this Agreement shall be pursuant to the Specifications and Bid
Documents. This Agreement and any renewals thereto are subject to annual
appropriations by the City of Palm Beach Gardens, and this Agreement is
subject to fiscal funding out by the CITY.
7. The CONTRACTOR agrees, warrants, covenants, and represents that all
products, work, and services that it shall perform pursuant to this Agreement,
the Project, and the Specifications and Bid Documents as it relates to the CITY,
including any work done by its subcontractors or at its direction, shall be free
from all defects and liens and done in a workmanlike manner. The
CONTRACTOR warrants the merchantability and fitness of the products and
services as contemplated in this Agreement, the Project, and the Specifications
and Bid Documents. The CONTRACTOR agrees to warrant the products,
work, and services for a period of one (1) year from the date of acceptance of
the work by the CITY or for such warranty period as provided in the
Specifications and Bid Documents, whichever is greater.
8. The CONTRACTOR agrees to supply to the CITY adequate personnel to
provide timely completion of all projects and support contemplated by this
Agreement and pursuant to the Project and the Specifications and Bid
Documents. The parties hereto agree that time is of the essence, and the
CONTRACTOR agrees to pay such liquidated damages as are provided for in
the Specifications and Bid Documents and as are determined by the CITY for
failure to comply with such timelines as provided for therein.
9. The CONTRACTOR agrees to indemnify and hold harmless the CITY, its
officers, and employees from any and all liabilities, damages, losses, suits,
actions, claims, and/or matters, including costs and reasonable attorney’s fees,
to the extent caused by the negligence, gross negligence, or intentionally
wrongful conduct of the CONTRACTOR and any other persons or entities
employed or utilized by the CONTRACTOR in the performance of this
Agreement, the Project, and the Specifications and Bid Documents as it relates
to the CITY.
IO. In performance of its obligations hereunder, the CONTRACTOR agrees to
comply with all applicable laws, rules, regulations, orders, codes, criteria, and
standards, whether local, state, or federal.
11. The CITY reserves the right to accept the use of a subcontractor or to reject the
selection of a particular subcontractor. If a subcontractor fails to perform as
required by this Agreement and it is necessary to replace the subcontractor in
order to provide services as required, the CONTRACTOR shall promptly do so,
subject to acceptance of the new subcontractor by the CITY.
3
12. The parties to this Agreement understand that the CITY is a tax-exempt
organization; nothing herein, however, shall exempt the CONTRACTOR from
paying all of its taxes pursuant to this Agreement.
13. In addition to any other termination provisions found in the Specifications and
Bid Documents, this Agreement may be terminated by the CONTRACTOR
upon thirty (30) days’ prior written notice to the CITY in the event of substantial
failure by the CITY to perform in accordance with the terms of this Agreement
through no fault of the CONTRACTOR. In addition to any other termination
provisions found in the Specifications and Bid Documents, this Agreement may
be terminated by the CITY, with or without cause, upon thirty (30) days’ written
notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this
Agreement, the CONTRACTOR shall be paid for services and products
rendered to the CITY’S satisfaction up to the date of termination. After receipt
of a termination notice, and except as otherwise directed by the CITY, the
CONTRACTOR shall stop work on the date specified. The CONTRACTOR
shall not be entitled to any claim of loss of profits from a termination by the
CITY.
14. Neither the CITY nor the CONTRACTOR shall be considered to be in default of
this Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the nonperforming party could not avoid. The term “Uncontrollable
Forces” shall mean any event that results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is
not limited to, fire, flood, earthquake, storms, lightning, epidemic, war, riots, civil
disturbance, sabotage, and governmental actions.
Neither party shall, however, be excused from performance if nonperformance
is due to forces which are preventable, removable, or remediable, and which
the nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The
nonperforming party shall, within a reasonable time of being prevented or
delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
15. This Agreement shall be construed in accordance with the laws of the State of
Florida. Should any dispute arise from this Agreement, venue shall lie in Palm
Beach County, Florida.
16. This Agreement shall not be construed against the party who drafted the same
as all parties to this Agreement have had legal and business experts review the
adequacy of the same.
4
17.
18.
19.
20.
21.
22.
This Agreement is binding upon the parties hereto, their heirs, successors, and
assigns.
The CONTRACTOR warrants and represents that all of its employees are
treated equally during employment without regard to race, color, religion,
gender, age, or national origin.
A waiver by either the CITY or the CONTRACTOR of any breach of this
Agreement shall not be binding upon the waiving party unless such waiver is in
writing. In the event of a written waiver, such a waiver shall not affect the
waiving party’s rights with respect to any other or further breach. The making
or acceptance of a payment by either party with knowledge of the existence of
a default or breach shall not operate or be construed to operate as a waiver of
any subsequent default or breach. Further, a written waiver in part shall not
constitute a waiver of any other part of this Agreement.
The invalidity, illegality, unenforceability of any provision of this Agreement, or
the occurrence of any event rending any portion or provision of this Agreement
void shall in no way affect the validity or enforceability of any other portion or
provision of this Agreement. Any void provision shall be deemed severed from
this Agreement, and the balance of this Agreement shall be construed and
enforced as if this Agreement did not contain the particular portion or provision
held to be void. The parties further agree to reform this Agreement to replace
any stricken provision with a valid provision that comes as close as possible to
the intent of the stricken provision.
The provisions of this section shall not prevent the entire Agreement from being
void should a provision, which is of the essence of this Agreement, be
determined to be void.
The CITY and the CONTRACTOR 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. This Agreement supersedes all
prior agreements, contracts, proposals, representations, negotiations, letters, or
other communications between the CITY and the CONTRACTOR pertaining to
this Agreement, whether written or oral. None of the provisions, terms, and
conditions contained in this Agreement may be added to, modified,
superseded, or otherwise altered, except by written instrument executed by the
parties hereto.
This Agreement may not be modified unless such modifications are evidenced
in writing, signed by both the CITY and the CONTRACTOR. Such
modifications shall be in the form of a written amendment executed by both
parties.
5
23. Any notice, demand, communication, or request required or permitted
hereunder shall be in writing and delivered in person or sent by certified mail,
postage prepaid as follows:
As to the CITY: As to the CONTRACTOR:
City Manager Stacey Schramel
City of Palm Beach Gardens Landscape Structures, Inc.
10500 N. Military Trail PO Box 198
Palm Beach Gardens, FL 33410 Delano, MN 55328-0198
Notices shall be effective when received at the addresses as specified above.
Changes in respective addresses to which such notice is to be directed may be
made from time to time by either party by written notice to the other party.
Facsimile transmission is acceptable notice effective when received; however,
facsimile transmissions received (i.e., printed) after 5 p.m. or on weekends or
holidays will be deemed received on the next business day. The original of the
notice must additionally be mailed as required herein.
Nothing contained in this section shall be construed to restrict the transmission
of routine communications between representatives of the CONTRACTOR and
the CITY.
(The remainder of this page left intentionally blank)
6
IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this
Agreement all as of the day and year first above written.
ATTEST: CITY OF PALM BEACH GARDENS
By: By:
Patricia Snider, CMC, City Clerk Joseph R. Russo, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
/
By:
C-stine P. Tatum, City Attorney
WITNESS:
(SEAL)
CONTRACTOR
LANDSCAPE STRUCTURES, INC.
K-L2 /E%A--
~
By:
(CORPORATE SEAL)
\\pbgsfile\Attorney\attorney_share\AGREEMENTS\~NDSCAPE STRUCTURES - PBC piggyback agreement.doc
7
AFFIDAVIT
on behalf of
of the matters
this Affidavit under penalty of perjury.
is over the age of 21 years.
has the authority
h Gardens entitled
and the party executing this Affidavit
ced on this Affidavit by the City of Palm
Beach Gardens.
DONE THIS /a- DAY OF & ,2006. v
By:
Ily and on behalf of sahtity named above
The foregoing Affidavit was executed by
day of Burr+, 2 o o L
before me this
and Affiant fs personally know to me or has
prod u ced v as identification.
MY Commission expires:/ (19 1 ./2 o / o
7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Resolution 71,2006
SubjectlAgenda Item: Addendum I to the Agreement with Staffing Connection /
Action Labor for School Crossing Guard Services
[XI Recommendation to APPROVE
I1 Recommendation to DENY
I Reviewed by:
City Attorne d
I ~ ~~ 1 Submitted by:
Department Director
~
Originating Dept.:
Divisio
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
u Notified
[ x ] Not required
Costs: $295,000
(Total)
$295,000
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
001 -1 030-521.31 50
Council Action: I
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
I
Attachments:
Resolution 71,2006
[ ]None
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Resolution 71,2006
BACKGROUND:
In 2005, the City of Palm Beach Gardens entered into a contract with Staffing
Connection/Action Labor to provide school crossing guard services to the City. The initial
contract allows for yearly renewals through fiscal year 2009/2010. The contract cost for
this service is increasing by $1 5,000 annually to $295,000, due to the addition of crossing
locations and staff to man these new locations, and is included in the Police Department’s
Operating Budget.
STAFF RECOMMENDATION:
Staff recommends approval of Addendum I to the Agreement with Staffing
Connection/Action Labor for school crossing guard services.
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RESOLUTION 71,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE ADDENDUM I TO THE AGREEMENT
WITH STAFFING CONNECTlONlACTlON LABOR FOR SCHOOL
CROSSING GUARD SERVICES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on July 7, 2005, the City Council approved an agreement with
Staffing Connection/Action Labor, a copy of which is attached as Exhibit “A,” for school
crossing guard services and reserved the option to renew the agreement for four (4)
additional one (1) year terms, subject to appropriation of funding, and upon the same
terms and conditions; and
WHEREAS, Addendum I for school crossing guard services has been prepared
and is attached hereto as Exhibit “B”; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby accepts and approves Addendum I to the
School Crossing Guard Services Agreement between the City of Palm Beach Gardens
and Staffing Connection/Action Labor and hereby authorizes the Mayor and City Clerk
to execute Addendum I.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: June 14, 2006
Date Prepared: June 14,2006
Resolution 71, 2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COU NCI LM EM B ER LEVY
COUNCILMEMBER VALECHE ---
---
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Date Prepared: June 14,2006
Resolution 71, 2006
EXHIBIT “A”
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RESOLUTION 98,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO
STAFFING CONNECTlONlACTlON LABOR FOR SCHOOL
CROSSING GUARD SERVICES; AUTHORIZING THE CITY
MANAGERTO APPROVE FUTURE C0NTRACTRENEWALS;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City desires to provide school crossing guard services on behalf
of the City; and
WHEREAS, the City issued Request for Proposal on April 21, 2005, RFP
Number 2005-006 for school crossing guard services, aqached hereto as Exhibit “A;
and
WHEREAS, the City received a proposal to prohde school crossing guard
j,
services from Staffing ConnectionlAction Labor, attached hereto as Exhibit “B”; and
WHEREAS, the City wishes to provide school crossing guard services, based on
the proposal received from Staffing Connection/Action Labor; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in
the best interests of the citizens and residents of the City of Palm Beach Gardens to
award a contract to Staffing Connection/Action Labor to provide such services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby awards a contract to Staffing
Connection/Action Labor in an amount not to exceed $280,000.00, and authorizes the
Mayor and City Clerk to execute the Agreement with Staffing Connection/Action Labor,
attached hereto as Exhibit “C” and authorizes the City Manager to approve future
contract renewals .
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: June 15,2005
Resolution 98. 2005
PASSED AND ADOPTED this 7pr day of TJ ,2005.
ATTEST:
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
COUNCILMEMBER BARNElT
AYE NAY ABSENT --
c/ ---
\\pbgsfile\Attorney\atorney-shareWESOLUTIONS\grecment staffing connection - crossing guard -reso 98 2005.doc
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d
AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm
Beach Gardens, a Florida municipal corporation (“City”), and Staffing Connection/Action
Labor, a Florida corporation (“Contractor”).
WHEREAS, the City desires to retain the services of the Contractor to provide
services in accordance with the City’s Request for Proposal dated April 21, 2005, RFP
Number 2005-006 and the Contractor‘s response thereto, all of which are incorporated
herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises
hereafter set forth, the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF RFP
The terms and conditions of this Agreement shall include and incorporate the
terms, conditions, and specifications set forth in the City’s Request for Proposal for
Crossing Guard Services dated April 21,2005, RFP Number 2005-006 (“RFP”), and the
Contractor’s Response to the Request for Proposal, including all documentation
required thereunder.
ARTICLE 2. TERM OF AGREEMENT
The term of this Agreement shall be one (1) year commencing on August 1,
2005, and expiring on July 31, 2006. The City reserves the option to extend the terms
of this Agreement for four (4) additional one (1) year terms, providing both parties agree
to the extension and such extension is approved by the City.
ARTICLE 3. SCOPE OF SERVICES
The Contractor shall perform those services identified in the specifications
accompanying the City’s RFP, which are incorporated herein by reference.
ARTICLE 4. COMPENSATION
The City shall pay to the Contractor the sum of $279,774 annually, according to
the terms and specifications of the referenced RFP.
ARTICLE 5. INVOICES AND PAYMENT
A. Invoices
The Contractor shall submit invoices to the City on a weekly basis, as set forth in
the Specifications.
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B. Pavment
The City shall pay each invoice in accordance with the Florida Prompt Payment
Act (F.S. 218.70, et seq.). Unpaid invoices shall bear interest as provided in the Act.
ARTICLE 6. TERMINATION
This Agreement may be terminated by the City, with or without cause, upon
providing written notice to the Contractor. This Agreement may be terminated by the
Contractor upon thirty (30) days’ prior written notice to the City. Upon any such
termination, the Contractor waives any claims for damages from such termination,
including, but not limited to, loss of anticipated profits. Unless the Contractor is in
breach of this Agreement, the City shall pay the Contractor for services rendered
through the date of termination in accordance with the terms of this Agreement.
ARTICLE 7. INDEMNIFICATION
The Contractor recognizes that it is an independent contractor and not an agent
or servant of the City. In the event a claim or lawsuit is brought against the City, its
officers, employees, servants or agents relating to or arising out of the Contractor’s
performance under this Agreement, the Contractor hereby agrees to indemnify, save
and hold harmless the City, its officers, employees, servants or agents and to defend
said persons from any such claims, liabilities, causes of action and judgments of any
type whatsoever.
ARTICLE 8. INSURANCE
The Contractor shall meet the insurance requirements fully detailed in the
General Terms and Conditions of the RFP.
ARTICLE 9. MISCELLANEOUS PROVISIONS
A. Notice Format. All notices or other written communications required,
contemplated or permitted under this Agreement shall be in writing and shall be hand
delivered, telecommunicated, or mailed by registered or certificated mail (postage
prepaid), return receipt requested, to the following addresses:
As to City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Ronald Ferris, City Manager
Telephone: (561) 799-41 10
Facsimile: (561 ) 799-41 I1
2
with a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: Christine P. Tatum, City Attorney
Telephone: (561) 799-4138
Facsimile: (561) 799-41 39
As to the Contractor: Staffing ConnectionlAction Labor
1280 South Powerline Road, #22
Pompano Beach, Florida 33069
Attn: Carole S. Greenich, Manager
Telephone: (954) 979-8644
Facsimile: (561 ) 979-7856
B. Entire Aareement. This Agreement constitutes the entire understanding
and agreement between the parties with respect to the subject matter hereof.
C. Bindina Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective legal representatives, successors, and permitted
assigns.
D. Assianabilitv. This Agreement may not be assigned without the prior
written consent of all parties to this Agreement.
E. Severabilitv. If any part of this Agreement is contrary to, prohibited by or
deemed invalid under applicable law or regulation, such provision shall be inapplicable
and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full force and effect so far as
possible.
F. Governing Law and Venue. This Agreement and all transactions
contemplated by this Agreement shall be governed by, and construed and enforced in
accordance with, the laws of the State of Florida without regard to any contrary conflicts
of law principle. Venue of all proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives whatever its respective
rights may have been in the selection of venue. This Agreement shall not be construed
against the party who drafted the same as all parties to this Agreement have had legal
and business experts review the adequacy of the same.
G. Headinas. The headings contained in this Agreement are for convenience
of reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
H. Effective Date. The effective date of this Agreement shall be as of the
date it has been executed by both the parties hereto.
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I. Construction. The parties acknowledge that each has shared equally in
the drafting and preparation of this Agreement and, accordingly, no Court or
Administrative Hearing Officer construing this Agreement shall construe it more strictly
against one party than the other and every covenant, term and provision of this
Agreement shall be construed simply according to its fair meaning.
J. Attorney’s Fees. It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to enforce compliance with this
Agreement or interpret same, or if any administrative proceeding is brought for the
same purposes, the non-prevailing party pay to the prevailing party reasonable
attorney’s fees and costs, including appellate fees and costs.
K. Eaual Opportunity. The City and the Contractor agree that no person
shall, on the grounds of race, color, gender, national origin, ancestry, marital status,
disability, religion, creed or age be discriminated against in the performance of this
Agreement.
(The remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates hereinafter written.
Executed by the City this 7* day of TJci/ , 2005.
CITY:
CITY OF PALM BEACH GARDENS
ATTEST: I [SEAL]
Patricia Snider, CMC: City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum, City Attorney
n Executed by the Contractor this a? day of 4 t L me - ,2005.
WITNESS:
CONTRACTOR:
STAFFING CONNECTION/ACTION LABOR
4-3
OCC. d&\GtoS ~Oo%oukA~ By:
Printed Name:
ewe C
G:bttomey_share\AGREEMENTS\croosing guard agreement - 2005.doc
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EXHIBIT “B”
P
Date Prepared: June 14,2006
Resolution 71, 2006
ADDENDUM I TO AGREEMENT
THIS ADDENDUM I to the Agreement is entered into by and between the CITY
OF PALM BEACH GARDENS (CITY), a municipal corporation, and STAFFING
CONNECTION / ACTION LABOR, a Florida corporation (CONTRACTOR), on this
day of ,2006.
WHEREAS, the CITY and the CONTRACTOR entered into that certain
agreement dated July 7, 2005 (hereinafter referred to as “Contract”); and
WHEREAS, the CITY and the CONTRACTOR desire to amend the Contract on
the following terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. The above recitals are true and correct and incorporated herein by reference.
2. Section 3.1.3 of the Contract and RFP are amended to provide the following:
0 Background Checks: The CONTRACTOR and all persons who are
employed for assignment of this Contract shall have background checks to
ensure that they have not been charged or convicted of any moral
offenses or other or other such criminal offenses. Such background
checks shall be performed by the CONTRACTOR and done pursuant to
the Jessica Lunsford Act, as amended from time to time, and as
determined by the CITY. The CONTRACTOR shall provide to the CITY to
the attention of Lt. Jay Spencer or his designee proof of all background
checks required hereunder for all parties assigned to this Contract. Such
background checks shall be provided to Lt. Jay Spencer or his designee
prior to any party working on this Contract. The CONTRACTOR shall be
responsible for securing additional background checks for new hires,
newly assigned guards, or re-checks, as may be required herein and as
required by the CITY.
3. The parties hereto desire to renew this Agreement for an additional one (1)
year term commencing on August 1,2006.
4. The CITY shall pay to the CONTRACTOR an amount not to exceed $295,000
annually, an increase of approximately $15,000 annually due to the addition
of crossing locations and assigned guards and a crossing guard supervisor
effective August 1,2006.
5. Except as modified herein, all other terms and conditions remain the same.
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I
to the Agreement.
CITY OF PALM BEACH GARDENS
By:
Joseph R. Russo, Mayor
ATTEST:
By:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: 0,
ristine P. Tatum, City Attorney
CONTRACTOR:
STAFFING CONNECTION I
ACTION LABOR
By: (77 I WITNESSES: 77 VAU&
(SEAL)
By: L2 € z-
Printed Name:
G:\attorney-share\AGREEMENTS\addendum i - staffing connection-action labor - crossing guards - 2006.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 15, 2006
Meeting Date: July 6, 2006
Resolution 72, 2006
SubjectlAgenda Item:
Acceptance of a Non Exclusive Easement and License Agreement from Garden Oaks
Homeowners Association for the purpose of providing irrigation to medians on Military Trail
[ X ] Recommendation to APPROVE I ] Recommendation to DENY
Reviewed by:
City Attorney d
Administrator
Originating Dept
Angela Wong
Community Services
Department
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
wotified
[ ] Not required
costs: $o.oo
(Total)
$o.oo
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#: NIA
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 72.2006
[ ]None
Date Prepared: June 15, 2006
Meeting Date: July 6, 2006
Resolution 72, 2006
BACKGROUND: The City was awarded a Keep Palm Beach County Beautiful grant to
install landscaping and irrigation within certain medians along Military Trail. The Garden
Oaks Homeowners Association (HOA), which is located just south of Northlake Boulevard,
agreed to provide irrigation water for two medians included in the grant project adjacent to
their development. In order to connect to their irrigation system, the Gardens Oaks HOA
has granted to the City the attached Non Exclusive Easement and License Agreement.
Staff recommends acceptance of said Agreement.
STAFF RECOMMENDATION: Approve Resolution 72,2006 as presented.
~
Date Prepared: June 15, 2006
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RESOLUTION 72,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA ACCEPTING AN EASEMENT FROM
GARDENS OAKS HOMEOWNERS ASSOCIATION FOR THE
PURPOSE OF PROVIDING IRRIGATION TO MEDIANS ALONG
MILITARY TRAIL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to install an irrigation system to provide water to two
medians on Military Trail, which are located adjacent to the Gardens Oaks
development; and
WHEREAS, the Gardens Oaks Homeowners Association (GOHOA) wishes to
grant the City an easement and license in order to connect to the GOHOA’s irrigation
system to provide water to the aforementioned medians; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests of the citizens and residents of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby accepts the Non Exclusive Easement and
License Agreement, attached hereto and incorporated herein as Exhibit “A”, from the
GOHOA for the purpose of providing irrigation to specific medians along Military Trail.
The City accepts the Non Exclusive Easement and License Agreement for public use
and for no other purpose.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: June 15,2006
Resolution 72, 2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COU NCI LM EM BE R LEVY ---
COUNCILMEMBER VALECHE ---
GAattorney-share\RESOLUTlONS\easernent agreement garden oaks - reso 72 2006.doc
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Date Prepared: June 15,2006
Meeting Date: July 6, 2006
Resolution 72, 2006
EXHIBIT “A”
AGREEMENT
Prepared by and Return to:
Christine P. Tatum, Esq.
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
NON EXCLUSIVE EASEMENT AND LICENSE AGREEMENT
THIS NON-EXCLUSIVE EASEMENT and LICENSE Agreement is given this /gfh
day of we 2006, by GARDEN OAKS HOMEOWNERS ASSOCIATION,
INC. ("G;$of) to the ClTi' OF PALM BEACH GARDENS, 10500 North Military Trail,
Palm Beach Gardens, Florida 33410 ("City"). As used herein, the term Grantor shall
include any and all heirs, successors, or assigns of the Grantor and all subsequent owners
of the "Property" (as hereinafter defined), and the term City shall include any successor or
assignee of the City.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands ("Property") situated in Palm
Beach County, Florida, and more specifically described below:
BEING A PARCEL OF LAND FOR UTILITY EASEMENT PURPOSES, LYING OVER,
UNDER, AND ACROSS A PORTION OF THAT CERTAIN 25-FOOT BUFFER
EASEMENT TRACT AS SHOWN ON THE PLAT OF GARDEN OAKS, PLAT 1, AS
RECORDED IN PLAT BOOK 66, PAGE 8, PUBLIC RECORDS OF PALM BEACH
COUNTY FLORIDA, LYING IN SECTION 24, TOWNSHIP 42 SOUTH, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 9, SAID PLAT OF GARDEN
OAKS; PROCEED NORTH 01"0931" EAST, ALONG THE WEST LINE OF SAID LOT 9, A
DISTANCE OF 16.67 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89"22'47"
WEST, DEPARTING SAID WEST LINE, A DISTANCE OF 15.01 FEET TO A POINT ON
THE EAST LINE OF THAT CERTAIN 10-FOOT WIDE UTILITY EASEMENT AS SHOWN
ON SAID PIAT OF GARDEN OAKS; THENCE NORTH 01"09'31" EAST ALONG SAID
EAST LINE, A DISTANCE OF 12.00 FEET; THENCE NORTH 89"22'47" EAST,
DEPARTING SAID EAST LINE, A DISTANCE OF 15.01 FEET TO A POINT ON THE
WEST LINE OF SAID LOT 9; THENCE SOUTH 01 "0931 ,, WEST, A DISTANCE OF 12.00
FEET TO THE POINT OF BEGINNING.
SAID EASEMENT CONTAINING 180.00 SQUARE FEET, MORE OR LESS.
Sketches of said Utility Easement are attached hereto and incorporated herein as Exhibit
"A."
WHEREAS, the Grantor desires to grant a non-exclusive Easement and License to
the City for the Property for the purpose of allowing the City to tie into and use the
Grantor's irrigation system on the Property for certain landscape installation for two
medians directly in front of the Garden Oaks Community; and
WHEREAS, the City is willing to accept such non-exclusive Easement and License
and is willing to provide for ongoing maintenance of the installation of certain landscape
materials within the two median strips in front of the Garden Oaks Community as identified
on Exhibit 'B" attached hereto and incorporated herein by reference; provided, however,
that maintenance of the median strips identified on Exhibit "B" shall be limited to the
normal maintenance that the City performs in the normal course of its business as a
governmental entity and as necessary and as solely determined by the City; and
WHEREAS, the Grantor agrees to permit the City to tie into its irrigation system on
the Property and to supply the medians with a water supply for the City to maintain the
planting within the median strips depicted on Exhibit '9." Notwithstanding the foregoing,
the parties hereto understand that the availabilrty of water is subject to acts of God, such
as drought, humcane, or other natural causes and/or disasters. The City shall be
responsible for the plantings within the median strips as a result of the aforesaid
conditions. The Grantor shall be responsible for the maintenance of its irrigation system,
together with its pump(s), in order to supply the water needed by the City for the Exhibit "6"
median strips. The parties hereto understand that the City is responsible for its tie-in to the
Grantor's irrigation system. The City is responsible for its irrigation system from the tie-in to
the Grantor's system through to the median strips.
NOW, THEREFORE, in consideration of and as an inducement to the City, together
with other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, the Grantor hereby grants, creates, and establishes a non-exclusive
Easement and License in favor of the City on the terms and conditions in this Agreement,
upon, over, and under the Property, which shall run with the land and be binding upon the
Grantor and shall remain in full force and effect forever.
The Grantor hereby covenants with the City that the Grantor is lawfully seized of
said Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of this non-exclusive Easement and License; that Grantor has
good right and lawful authority to convey this non-exdusive Easement and License; and
that it hereby fully warrants and defends the title to the non-exclusive Easement and
License hereby conveyed against the lawful claims of all persons whomsoever.
(The remainder of this page left intentionally blank)
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IN WITNESS WHEREOF, the Grantor has hereunto set its authorized hand this
).Se day of 3 VP 8 , 2006.
WITNESS: GRANTOR:
GARDEN OAKS HOMEOWNERS
ASSOCIATION, INC.
ATTESTS:
STATE OF FLORIDA 1
COUNTY OF PALM BEACH 1
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the foregoing
instrument was acknowledged before me by ffi 11; M #. ,~'/RKHLA~ as
President of Garden Oaks Homeowners Association, Inc. and
as Secretary, and they are personally known to me or
have produced a driver's License as identification and executed this Agreement for the
purposes stated therein.
Xic hhk nh/ I BL lC-4
WITNESS my hand and official seal this
My Commission Expir
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EXHIBIT “A”
r
02005 LBM Inc.
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I I I I I I I I
-WEST LINE OF LOT 9
(BEARING BASE)
U TI LI TY E AS EM EN T
/(SEE SHEET 2 FOR DETAIL)
/ POINT OF BEGINNING LOT
POINT OF COMMENCEMENT
SOUTHWEST CORNER OF LOT 9)
PLAT OF
PLAT 1
-GARDEN OAKS
(PLAT BOOK 66, PAGE 8)
LOT 8
LOT 7
THIS IS NOT A SURVEY
SURVEYOR AND MAPPER'S SIGNATURE PROJECT NAME:
SKETCH AND DESCRIPTION FOR: CITY OF OF
Is
MADE By MIS PALM BEACH GARDENS
(GARDEN OAKS UTILITY EASEMENT)
STATE OF FWRM NO. c1035
Scale: 1"=20' REVISIONS:
suRyEyoRs a MAPPERS
Sheet 1 OF 3 Field Book:42/42# Page: 2 Field: JS * am. wrpomto Partway, Palm city, norida 34990 Computed: CHK Date FILE NO. Project No.
(772) 286-3883 Fax: (772) 286-3925 5/3/06 06-4466LGLO 1 06-4466 BPR a FBPE mw No: 959 m.im.com Checked: CHK
I- C U LL
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' UTILITY
EASEMENT
1 5.01'
CY w LL LL 3 m
In -0l
WEST LINE OF LOT 9 /
LOT 9
POINT OF BEG1 N N IN G
LOT 8
THIS IS NOT A SURVEY 02005 LBFH Inc.
I PROJECT NAME:
SKETCH AND DESCRIPTION FOR: CITY OF
PALM BEACH GARDENS
LEGAL DESCRIPTION: UTILITY EASEMENT
BEING A PARCEL OF LAND FOR UTILITY EASEMENT PURPOSES, LYING OVER, UNDER, AND
ACROSS A PORTION OF THAT CERTAIN 25 FOOT BUFFER EASEMENT TRACT AS SHOWN ON
THE PLAT OF GARDEN OAKS, PLAT 1, AS RECORDED IN PLAT BOOK 66, PAGE 8, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 24, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA; SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 9, SAID PLAT OF GARDEN OAKS;
PROCEED NORTH 01'09'31" EAST, ALONG THE WEST LINE OF SAID LOT 9, A DISTANCE OF
16.67 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'22'47" WEST, DEPARTING
SAID WEST LINE, A DISTANCE OF 15.01 FEET TO A POINT ON THE EAST LINE OF THAT
THENCE NORTH 01'09'31" EAST, ALONG SAID EAST LINE, A DISTANCE OF 12.00 FEET;
THENCE NORTH 89'22'47" EAST, DEPARTING SAID EAST LINE, A DISTANCE OF 15.01 FEET
TO A POINT ON THE WEST LINE OF SAID LOT 9; THENCE SOUTH 01'09'31" WEST, A
DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING.
CERTAIN 10-FOOT WIDE UTILITY EASEMENT AS SHOWN ON SAID PLAT OF GARDEN OAKS;
SAID EASEMENT CONTAINING 180.00 SQUARE FEET, MORE OR LESS
BEARING BASE:
THE WEST LINE OF LOT 9, AS SHOWN ON GARDEN OAKS PLAT 1, AS RECORDED
IN PLAT BOOK 66, PAGE 8, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
IS TAKEN TO BEAR NORTH 01'09'31" EAST, AND ALL OTHER BEARINGS SHOWN HEREON
ARE RELATIVE THERETO.
THIS IS NOT A SURVEY
PROJECT NAME:
SKETCH AND DESCRIPTION FOR: CIM OF
02005 LBFH Inc.
PALM BEACH GARDENS
(GARDEN OAKS UTILITY EASEMENT)
SURVEYORS & MAPPERS
"Ib- Ibr h&8,
EXHIBIT “B”
1 I
LI.1
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 21,2006
Meeting Date: July 6, 2006
Resolution 73, 2006
SubjecUAgenda Item: Authorize expenditures in the amount of $8,470.00 from Art Impact
Fees for the City Hall Lobby Lighting Project
[ X ] Recommendation to APPROVE 1 ] Recommendation to DENY
i Reviewed by:
City Attor e %
F
Administrator
Department Director Apw City M nag
Angela Wong
Community Services
Department
Advertised: NIA
Date:
Paper:
[ ] Not Required
Affected parties
[ ] Notified
[ ] Not required
-
Costs: $8,470.00
(Total)
$8,470.00
Current FY
Funding Source: NIA
[ ] Operating
[ ]Other
Budget Acct.#:
304.1400.515.6900
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 73, 2006
[ ]None
Date Prepared: June 21,2006
Meeting Date: July 6, 2006
Resolution 73, 2006
BACKGROUND:
In October 2005, City Council authorized the expense of Art Impact Fees for the installation
of a lighting system in the City Hall lobby to illuminate the various artworks, which rotate
every month. The City contracted with Imperial Electrical Inc. was contracted to install the
system for a not to exceed amount of $32,000. However, during installation, amendments
were made to the design, which include modifying the track system to the Council
Chambers, and adding a track to the staircase landing. These changes require additional
funding in the amount of $8,470.00, which were reviewed and approved by the City’s
lighting consultant, Paul Morgan Lighting Design, Inc.
STAFF RECOMMENDATION: Approve Resolution 73,2006 as presented.
Date Prepared: June 21,2006
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RESOLUTION 73,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE USE OF ART
IMPACT FEES FOR EXPENDITURES RELATED TO THE CITY
HALL LOBBY LIGHTING SYSTEM PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in October 2005, the City contracted with Imperial Electrical, Inc. in
the amount of $32,000.00 for the installation of a lighting system in the City Hall lobby;
and
WHEREAS, City staff requests the approval of Change Order No. 1 for Imperial
Electrical, Inc. in the amount of $8,470.00, which is attached hereto as Exhibit “A”, due
to necessary changes to the lighting system design; and
WHEREAS, this project was funded from Art Impact Fees, collected in
accordance with Section 78-262 of the City Code, because of the direct relation these
expenditures have with public art; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems approval
of this Resolution to be in the best interests of the citizens and residents of the City of
Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
authorizes the use of Art Impact Fees in the amount of $8,470.00 for additional expenses
related to the lighting system in the City Hall lobby.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: June 21,2006
Resolution 73,2006
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PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
G:\attorney-share\RESOLUTlONS\change order -imperial electric - Art Impact Fund -reso 73 2006.doc
2
Date Prepared: June 21,2006
Resolution 73,2006
EXHIBIT “A”
City of Palm Beach Gardens
CHANGE ORDER TO ORIGINAL CONTRACT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY
ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE
CHANGE ORDER NO. One (1)
PROJECT TITLE: Citv Hall Lobbv Liahtina
TO CONTRACTOR: Imperial Liqhtinq. Inc.
PROJECT NO. RECOOI 3 DATE: June 9.2006
32,000.00
$0.00
32,000.00
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT
TO ALL CONTRACT STIPULATIONS AND COVENANTS.
ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACTED AMOUNT INCLUDING THIS
CHANGEORDER
Percent Increase This Change Order
Total Percent Increase To Date
Extension Of Contract Time Allowed By This Change
8,470.00
40,470.00
26.47%
26.47%
0 Calendar Days
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my
ARC
(sign 3 sed)
---
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
DEPARTMENT:
Communitv Services Department
ACCOUNT NUMBER:
304.1400.51 5.6900 / recOOl3.30.05.mach
This Change Order is not valid without the followina sianatures:
DATE
CITY MANAGER DATE
Change orders over $50,000 or more than 20% increase require the following signatures:
CITY OF PALM BEACH GARDENS, FL
MAYORlCOUNClLMEMBER DATE CITY CLERK DATE
Page 1 of 1
PRO POlSAL
Submitted To
Name
Street
CitylStrte
Tele Nurn.
Date 6/2/2006
Clty of Palm Beach Gardens
PAGE 01/01
Prolect Location
Name City Hall
Street
CltylState
Plans Date
Remove and relnstall track T3 wlth modificatlons
PRICE INCLUDES: Removtt Track T3 $ 360.00
Reinstall wth stern mount 3 720.00 $ 74200
Add 8' section !$ 36000 $ 377.00
Add separate ckt and dimmer $ 990.00 $ 235.00
Credit track T6 labor only $ (720.00)
Labor Material
DOES NOT INCLUDE
Patch and paint
PERMIT FEES
OVERTIME WAGES
All materials guaranteed to be specified, and the above work to be performed in accordance with the
drawings and specifications submitted for above work completed in a substantlal workmanlike manner
for the 13um of
TOTAL QUOTE $ 3,064.00
Respectfully submitted
finy alteration or deviation from the above specifications involving extra costs will be executed Only upon
written order and will become an extra charge over and above the estimate. All agreements contingent
upon strikes accidents or delays beyond our control. Owner to carry fire, wind, storm and other necessary
insurance upon above work.
Note: 7-his proposal may be withdrawn by 11s if not accepted within-
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized I to do the work as specified Payments will be made as outlined above.
days.
ACCEPTANCEOFPROPOSAL
\Data Slgnature
IMPERIAL ELECTRICAL INC,
11821 NW 11 STREET-PLANTATION, FL 33323
SINCE 1969
Submitted To
Name
Streel
Tele Num.
Date 317l2006
CITY OF PALM BEACH GARDENS
CitylState
- - Proigct Location - Namm CITY HALL LOBBY
Streett
CitylState .-
Planer Date - -
DOES NOT INCLUDE I All materials guaranteed to be specified, and the above work to he performed in accordarice with the
drawings and-specifications submitted for above work completed in a substantial workmanlike manner I for the sum of: @ 4S-V96As
TOTAL QUOTE $6M -
Respectfully subrnitted
my alteration or deviation from the above specifications involving extra costs will be executed only upon
written order and will become an extra charge over and above the estimate. All agreements contingent
upon strikes accidents or delays beyond our control. Owner to carry fire, wind, storm and other necessary
insurance upon above work.
Note: This proposal may be withdrawn by us if not accepted within days
I ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized
to do the work as specified. Payments will be made as outlined above
..I
Date Slgnature
T@/T0 39Wd €69Zi!XtrS6 G3b :ZZ TQQZ/@ZI'&@
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Ordinance 15,2006 & Resolution 51,2006
SubjecVAgenda Item:
Ordinance 15, 2006 and Resolution 51, 2006: Amendment to Village Square
Professional Park Phase II Planned Unit Development (PUD)
Public Hearing and Second Reading: A request by Warner Real Estate Advisors, agent
for PF Park, Ltd., for approval of an amendment to the 2.23-acre Village Square
Professional Park, Phase II, Planned Unit Development (PUD) to increase the total
building square footage from 32,500 square feet to 33,400 square feet, to allow the
review and approval of Building 500, and to allow the conversion of 200 square feet
within Building 800 from professional office use to medical office use.
[ X ] Recommendation to APPROVE with conditions and one waiver
[ ] Recommendation to DENY
Reviewed by:
Interim Growth Management
Adminidrator:
Daniel WClark, e.
Approved by:
Ronald M,/kep(s
Originating Dept.:
Growth Management
Pr;qrr:
Mich e J.Sanchez.
AICP
Planning Manager
[ X ] Quasi-Judicial
[ ] Legislative
[ X ] Public Hearing
Advertised:
Date: June 21,2006
Paper: Palm Beach
Post
[XI Required
[
lffected parties:
[XI
[ ] Not Required at 1''
Reading
] Not Required at 1"
REptQ
Finance Dept.:
Ad m in istra tor:
Allan Owens
&
Fees Paid: [Yes]
Date: 411 2/06
Budget Acct.#:
NA
City Council Action:
[ ]Approval
[ ] Approval with
conditions
[ ] Denial
[ ] Continued to:
Attachments:
Applicant's letters
DRC comments
Previous Approvals:
Ordinance 10, 1999
Ordinance 25, 2002
PZAB Letter 111 5/03
Location Map
Proposed Plans
Ordinance 15,2006
Resolution 51,2006
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Ordinance 15,2006 & Resolution 51,2006
EXECUTIVE SUMMARY
The subject request involves an amendment to the Village Square Professional Park,
Phase II, Planned Unit Development to allow an increase of 900 feet in the total building
square footage, review and approval of the final building (Building 500), and conversion
of 200 square feet from professional office use to medical office use within Building 800.
BACKGROUND
Village Square Professional Park was approved with two phases and two separate
Planned Unit Development (PUD) approvals totaling 65,800 square feet.
Phase I
City Council adopted Resolution 28, 1996, approving the 33,300 square-foot Phase I
portion of the PUD (f.k.a. Damerau Office Park). All four buildings in Phase I on the
north side of the development have been constructed and are occupied.
Phase I1
City Council adopted Ordinance IO, 1999, approving Phase II of the PUD for four
buildings, Buildings 500, 600, 700, and 800, with a total of 32,500 square feet of
professional office space. This ordinance also approved the site plan and architecture
for Building 700 and allowed each future building to be reviewed and approved by the
Planning, Zoning, and Appeals Board. All buildings except Building 500 have been
constructed.
Building 800 site plan and architecture were approved by the Planning, Zoning, and
Appeals Board on May 8,2001.
City Council approved Ordinance 25, 2002, which allowed seven (7) covered parking
spaces at the rear of Building 700.
On January 15, 2003, the Planning, Zoning, and Appeals Board approved the site plan
and architecture for Building 600.
LOCATION
The 2.23-acre site is located approximately 500 feet south of the intersection of RCA
Boulevard and Prosperity Farms Road on the west side of Prosperity Farms Road.
2
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Ordinance 15,2006 & Resolution 51,2006
LAND-USE AND ZONING
The subject site is zoned Planned Unit Development (PUD) Overlay with an underlying
zoning of Professional Office (PO) and has a future land-use designation of
Professional Office (PO). (Please see attached Table 1 for details of surrounding
properties.)
TRAFFIC CONCURRENCY
On December 17, 2002, the project received traffic concurrency approval from Palm
Beach County for 5,200 square feet of medical office space within Building 600, which
reduced the amount of professional office space allowed within the PUD to 21,655
square feet.
More recently, in a letter dated January 26, 2006, Palm Beach County approved traffic
concurrency for Phase II for 28,150 square feet of general office space (applicant is
requesting only 28,000 s.f.) and 5,400 square feet of medical office space. The build-
out date of this project is December 31, 2006.
PROJECT DETAILS
The applicant is seeking approval to amend the development order for the 2.23-acre
Village Square Professional Park, Phase II, Planned Unit Development to allow:
0 An increase of 900 feet in the total building square footage from 32,500 square
feet to 33,400 square feet;
0 Review and approval of the final building (Building 500); and
0 Conversion of 200 square feet from professional office use to medical office use
within Building 800.
The infrastructure, parking, lighting, utilities, and all other related items for this phase
have been designed and previously approved by the City Council under the original
PUD approval.
Building Site
Access to the site is via Village Square Crossing on the west side of Prosperity Farms
Road. Building 500, which is the fourth and final building to be constructed within this
PUD, will be located in the southeast corner of the site adjacent to Prosperity Farms
3
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Ordinance 15,2006 & Resolution 51,2006
Road, an existing mangrove hammock, and a drainage easement. The mangrove
hammock, which is required to be protected, is separated from the site by a bulkhead.
Parking and Loading Spaces
The site requires 120 parking spaces; these spaces have been provided as follows:
Medical Office space 5,400 s.f. @I space per 200 s.f. = 27
Professional Office space 28,000 s.f. @I space per 300 s.f. = - 93
Total Spaces 120
The site currently has one (1) existing loading space as required by Code; however, the
applicant is requesting a waiver to allow no additional loading spaces and to convert the
existing loading space to a parking space, based on lack of usage of the loading space.
In the attached waiver request, the applicant states the one loading space is rarely, if
ever, used and thus is not needed.
Note: The dimensions of this parking space will remain the same as the current loading
space (12’ x 24y, and it could be used for parking of larger vehicles should the need
arise. Staff has no objection to this waiver request.
Architecture, Colors, and Materials
The proposed architecture and color scheme for Building 500 will be consistent with the
previously-approved design guidelines and specifications for the office park (please see
attached Ordinance IO, 1999, Exhibit B). The height of the two-story building at the
ridge line will be 33’6”. The building will have a textured stucco finish in beige Benjamin
Moore HC-34 with white trim, and the aluminum shutters will be a dark blue to match
Benjamin Moore HC-158. The hip-style roof will have flat, concrete tiles in a slate grey
(Integra Smoke) to match Benjamin Moore HC-162. The windows will be Colonial-style,
with multi-panes, and three of the second-story windows will have white, decorative
aluminum railings. The double entry doors will be multi-paned residential type.
Landscapinq
The proposed landscaping for Building 500 will continue the theme as provided
throughout the remainder of the site. The trees will consist of Sable Palmettos,
Alexander Palms, Laurel Oaks, and Eugenias. Foundation landscaping will include
compact Alamanda, variegated Pittosporum, and Cocoplum. The existing mangrove
hammock on the east side of the building and adjacent to Prosperity Farms Road shall
be protected and maintained in a natural condition and shape.
4
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Ordinance 15,2006 & Resolution 51,2006
The City Code requires a 15-foot minimum, %-foot average upland buffer from the edge
of a wetland area to the building edge. With the adoption of Ordinance IO, 1999, a
waiver was granted to allow a 15-foot minimum, 19.97-foot average upland buffer from
the edge of the wetland area.
Drainage
All drainage basins, piping, exfiltration trenches, and related facilities have been
previously completed and approved with the Phase II infrastructure.
Site Lighting
Metal halide lighting has been previously approved and installed on all existing buildings
and all parking lot light poles. The same type of metal halide fixtures will be continued
for the proposed Building 500.
Siqnaqe
Tenant signage shall be in accordance with Ordinance IO, 1999, Exhibit B, Design
Guidelines for Village Square Professional Park. (Please see attached.)
Art in Public Places Advisory Board
The applicant has elected to pay any required Art in Public Places fee prior to the
issuance of the first building permit for Building 500.
Summary of Waivers Requested
Ordinance 25, 2002 adopted by the City Council on August 1, 2002, approved a waiver
to allow seven (7) covered parking spaces at the rear of Building 700 within Phase II.
Ordinance IO, 1999 adopted by the City Council on March 18, 1999, allowed a 15-foot
minimum, 19.97-foot average distance from the wetland area.
With the approval of this current petition, the applicant is requesting an additional waiver
to convert the one existing loading space to a parking space, which will bring the total
number of parking spaces to the required 120:
5
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Ordinance 15,2006 & Resolution 51,2006
Code Section Required Proposed
Section 78- One (1) per 10,001 No loading spaces
364. Loading to 50,000 gsf
Spaces
WAIVER REQUEST
Staff
Waiver Recommendation
To allow no (0) (1) Approval
loading spaces
(1) The applicant states that during the four years the other three buildings have been
on site, this one existing loading space is rarely used. According to the applicant,
drivers delivering packages simply park their vehicles briefly in front of the individual
buildings, deliver the package(s), and then drive to the next building. (Please see
attached waiver justification dated November 4, 2005.)
The dimensions of this parking space will remain the same as the current loading
space (12’x 243, and it could be used for parking of larger vehicles should the need
arise. Staff has no objection to this waiver request.
Villaqe Square Properfv Owners Association
In a letter dated February 28, 2006, the Village Square Property Owners Association II
confirmed the PUD amendment application had been reviewed and approved by its
Architectural Review Board.
PLANNING, ZONING, AND APPEALS BOARD
At a public hearing on April 25, 2006, the Planning, Zoning, and Appeals Board voted 7-
0 to recommend approval.
CITY COUNCIL
At its June 15, 2006, meeting, the City Council reviewed the subject petition and voted
5-0 to approve the subject petition on First Reading.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 15, 2006 on Second Reading and Resolution
51, 2006, at adoption, with the above requested waiver and the conditions contained in
the resolution. Please note that all previously approved waivers and applicable
conditions within Ordinance IO, 1999, Ordinance 25, 2002, and Planning, Zoning, and
Appeals Board letter of approval dated January 15, 2003, shall also remain in effect.
6
Date Prepared: June 14,2006
Meeting Date: July 6,2006
Ordinance 15,2006 & Resolution 51,2006
11 EXISTING USE
Subiect Property
Village Square
Professional Park Phase II
North
Village Square
Professional Park Phase I
South
Club Oasis
East
Residential Area (Village
of North Palm Beach)
ZONING
Professional Office (PO)
with a Planned Unit
Development (PUD)
Overlay
Professional Office (PO)
with a Planned Unit
Development (PUD)
Overlay
Residential Low Density -
3 (RL-3) with a Planned
Unit Development (PUD)
Overlay
Professional Office (PO)
Residential
(R2)
LAND USE
Professional Office (PO)
Professional Office (PO)
Residential Low (RL)
Commercial (C)
Residential
(R2)
7
Warner Real Estate Advisors, Inc.
Entitlements, Planning, and Landscape Architecture
800 Village Square Crossing, Suite 111
Palm Beach Gardens, Florida 33410
Voice: 561-656-2021 Fax: 561-656-2099
E -MA 1 L: W K EA I N C fi3 €3 e I 1 s o u t h .:I e t
February 28,2006 - Hand Delivered
Ms. Jackie Holloman
Planning & Zoning Dept.
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Fl. 33410
RE: Village Square Professional Park
Building #500
PUD Amendment
Dear Jackie:
It has been a pleasure working with you on the last and final building of the Village Square Professional Park. We
have enclosed ten (IO) copies the following documents which constitute our response to the Cities comments to our
PUD Amendment Application. This submittal should response to all the open items, specifically those received on
January 5, 2006 from LBF&H and Ross Gilmore's Comments received on January 10, 2006. Enclosed are the
following:
A. Response to Petition Comments from city engineer and forester.
B. Revised Master Site Plan
C. Revised Civil Engineering Plans
D. Revised Architecture Plans
E. Revised Landscape Plans
F. Photometric Plan
G. POA Documents
H. POA ACC Approval Letter
Not included at this time is the request for a Metes and Bounds Subdivision. We are in the process of completing the
application and getting the necessary signatures. Although this is an Administrative Approval we request to keep it
on the same schedule as the PUD Amendment and request that this be made a condition of the CO issued by the
building rather than at time of building permit as requested by Ross Gilmore.
We look forward to completing the final building in this architecturally pleasing, well landscaped and successful
project.
Sincerely
Rick
Warner Real Estate Advisors Inc
cc: File wl attach.
Glenn Weller w/ attach. CITY OF PAlM BCH GDNS
MAR 01 2006
'1ANNlNG & ZONING DIV
DRC Comments and Response March 1,2006
Response to Petition Comments: LBF&H Comments Dated January 5,2006 From Judy Dye 0
to Jackie Holloman
7. Not Satisfied. The applicant shall revise the Site Plan and Construction Plans consistent with the required 121
parking spaces in accordance with LDR Section 78-46. The Site Plan shows 119 parking spaces and the
Construction Plan shows 120 parking spaces. See comment #28 below.
Applicant Response: The site plan has been revised to consistently display 120 parking spaces.
24. Not Satisfied. The applicant shall show (‘ghost) and label all existing and proposed easements, on the Site Plan and
Landscape Plan consistent with the Construction Plans, previously approved PUD-98-02 Site Plan, and in
accordance with LDR Section 78-562. The following inconsistencies were noted:
a. Satisfied. The Site Plan and Landscape Plan have been revised to show the 15-foot drainage easement along
the east property line consistent with the Construction Plans.
b. Not Satisfied. The applicant shall revise the Site Plan and Landscape Plan to include the line work for the 12-
foot UE along the west property line consistent with the Construction Plans. The applicant has labeled the
easement but no line work appears on the Site Plan and Landscape Plan.
Applicant Response: The site and landscape plans have been revised to include the 12-foot UE along west
property line, consistent with the construction plans.
c. Not Satisfied. The applicant shall revise the Site Plan, Landscape Plan, Pavement Marking Plan (sheet 2 of
8), Water and Wastewater Plan (sheet 4 of 8) to consistently show the line work and label the existing 60-foot
Utility & Ingress/Egress Easement (ORB 7754, Pg 1570) in-between Phase I and Phase 11. The line work is
missing and the easement is either not labeled or mislabeled.
Applicant Response: The site, landscape pavement marking water and wastewater plans have been revised
to show the line work and label the 60-foot utility & ingress/egress easement in-between phase I and
phase 11.
0
25. Not Satisfied. The applicant shall show and label all existing and proposed light poles on the site plan, landscape
plan and engineering plan in accordance with LDR Section 78-46 and consistent with amroved PUD-98-02
Photometric Plan. If the applicant wishes to amend the number and location of light poles with Phase 11, then the
applicant shall revise the current PUD amendment application to include the request and submit the application
and a revised Photometric Plan for City review. The revised Photometric Plan shall meet all requirements of LDR
Section 78-182.
Applicant Response: The light poles and futtures have been shown and displayed on the plans. The
current photometric meets the city’s standards. (Final working awaiting photometric plan conclusion.)
28. Not Satisfied. The applicant has eliminated one parking space in front of Building 600 in accordance with
condition 7 of the approval of SP-02-20 by the Planning and Zoning Commission dated January 15, 2003.
However, the elimination of the parking space reduces the overall parking spaces to 120 on the Construction
Plans and 119 on the Site Plan. The applicant shall revise to provide the required 121 parking spaces while still
meeting the requirements of condition 7. See comment #7 above.
Applicant Response: The applicant has reduced the size of Building 500 to meet the LDR’s for off-street
parking. The current site plan meets the city’s parking requirements.
D:\Files\Weller\Response-to Jan-comments..doc 0 2 of 3
DRC Comments and Response March I, 2006
Applicants Response to Ross Gillmore’s Landscaping comments of January 10,2006.
Items 1- 4 Agree
Items 5and 6
5. In accordance with Section 78-320 of the LDR, the size of trees and palms installed adjacent to a building
shall relate to the height of the adjacent wall or faqade as indicated in Table 30. Not Satisfied. Prior to the
scheduling of City Council, the applicant shall revise the plant material list to show the height of the
Sabal palms installed adjacent to the front fasade are 14-18 feet in overall height at the time of
planting.
Applicant Response: The applicant has increased the Sabal Palms to 14-18 feet at time of planting.
6. The Village Square Plat No. 2 containing the proposed building is out of date according to the Property
Appraiser’s map. It appears that the property owner of Tract A has sold off three areas that closely resemble
the three existing buildings. I believe this requires City approval not only of the subdivision of the plat, but
also of the possible condominium association documents. Prior to the issuance of the building permit, the
applicant shall re-plat the site. The plat shall indicate who maintains the remaining portion of Tract A
and include the labeling of the wetland area similar to Tract C of the Village Square Professional
Park.
Applicant Response: The applicant has included a set of the POA documents and is in process of filing a
metes and bounds plat. The Applicant requests that this condition be modified to require re-plating prior
to issuance of CO, rather than building permit. An application for Metes and Bounds Plat will be filed
shortly.
Items 7 and 8 Agree 0
D:\Files\Weller\Response-to Jan-comments..doc 3 of 3
i ..
Village Square Professional Park PUD Amendment
Waiver Request From Sec. 78-364. Number of Loading Spaces Required
Village Square.Professiona1 Park is a professional office park consisting of 33,550 GSF.
In 2001 consistent with the original PUD Approval (Ord. 10, 1999) a single loading space
was approved and constructed. We request that the existing loading space be designated
as a parking space and used as general parking for the project.
The 4-years of operation the existing three buildings within the project have
demonstrated that there is no need for a loading space. Drivers from Fed X, UPS, Office
Depot etc. simply park their vehicles in front of the building they are delivering to, i.e.
Bldg 700, 600 or 800; deliver the package and then drive to the next building, jump out
and deliver the next package, none of these drivers would ever take the time to park in the
loading space and then walk to each of the four buildings; it simply is not efficient for
them. Since most of their deliveries and pickup takes less than a minute or so the
delivery does not interfere with parking and vehicular traffic flow of the project.
Therefore the waiver is justified by the fact that in the 4-years of operatiodexperience of
this project the loading space has rarely, if ever been used, and thus the space is not
needed. We request that the space be designated as a parking space and used as general
parking for the project.
Prepared: Friday, November 04,2005
CITY OF PALM BCH GDNS
f\lflV C-l NU5
PLANNING & ZONING DIV
- - -- - 02/28/2006 10: 23 15616911596 SOUTHCAP PROPERTIES PAGE 02/02
0 VILLAGE SQUARE PROPERTY OWNER^ ASSOC~ON 1, I
ZlOSUNSETBAYCWRT, PALMBEACHGAROENS. FL 33418 * PHONE(561)691-9189 ? FAX(S61) 691-1696
February 28, a006
Ms. Jackie HoZlawman
City of Palm Beach Gardens
10500 N. Military TraiI
Palm Beach Gardens, FL 33410
Dear Ms. Hollowman:
This letter is to confirm that the Architectural Review Board of the Village Square Property Owners Association II met on February 28, 2006 to review the architectural Plans and Specifications for Building 500, prepared by
Michael Morel dated 12/06/04 and revised on Feb. 28th 2006. The referenced plans were evaluated and
approved by the Architectural Review Board. The developer, PF Park, Ltd. now has full authority to proceed
with the development of the building as approved.
0 /& Glenn President, Weller Architectural Review Board
President. Village Square Property Owners Association II
0 -
( ONSULTING CIVIL ENGINEERS,
SURVEYORS &MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
ER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
“Partners For Results
Value By Design”
3550 S.W. Corporat Pkwv.
Palm City, FL 34990
(772) 286-3883 - Fax (772) 286-3925 ..
urww.lbfh.com
MEMORANDUM
TO: Jackie Holloman
FROM: Judy A. T. Dye
DATE: March 15, 2006
FILE NO. 04-440 1
SUBJECT: Village Square Professional Park
PUD-04-22
Building #500
We have reviewed the following plans and information for the above referenced
project received on March 3,2006:
Photometric Plan
Applicant’s response letter dated January 4, 2006 prepared by Warner Real Estate
Advisors, Inc.
Site Plan for Building 500 prepared by Michael Morel Architect
Landscape Plan for Building 500 prepared by Michael Morel Architect
Floor and Roof Plans and Elevations for Building 500 prepared by Michael Morel
Architect
Construction Plans and Specifications prepared by Jeff H. Iravani, Inc.
We have the following comments:
The applicant shall provide a written response to all comments, indicating
how each comment has been addressed.
Certification Issues:
Comments #1 through #6 have been previously satisfied or withdrawn.
7. Satisfied. The applicant has revised the Site Plan to identify 120 parking spaces
consistent with the Construction Plans.
Comments #8 through #23 have been previously satisfied.
24. Satisfied. The applicant has shown and labeled all existing and proposed
easements on all plans in accordance with LDR Section 78-562 as follows:
a. Previously Satisfied.
b. Satisfied. The applicant has revised the Site Plan and Landscape Plan to
include the line work for the 12-foot UE along the west property line
consistent with the Construction Plans.
Village Square Professional Park - Building #500
LBFH File No. 04-4401
Page 2 of 4
c. Satisfied. The applicant has identified the existing 60-foot Utility &
Ingress/Egress Easement (ORB 7754, Pg 1570) in-between Phase I and
Phase I1 consistently on all plans.
25. Not Satisfied. The applicant shall revise the Photometric Plan received March
3, 2006 to meet all applicable requirements of LDR Section 78-182.
Specifically, the applicant shall:
a. Identify the name of the company who is responsible for preparing the
plans.
b. Provide a Photometric Plan signed and sealed by a professional engineer
licensed in the State of Florida.
c. Provide foot-candle values not to exceed 0.5 at the residential property
lines.
d. Identify cutoff luminaires, or equivalent, for all light fixtures located within
100 feet of a residential zoning district.
e. Provide house shields, or equivalent, for all light fixtures located within 25
feet of a residential zoning district.
f. Provide minimum 1 .O foot-candle values within vehicle use areas (i.e. drive
aisles).
g. Revise the Landscape Plan to include the proposed light pole shown
southeast of Building 700 consistent with the Photometric Plan.
Comments #26 and #27 have been previously satisfied or withdrawn.
28. Satisfied. The applicant has revised the proposed building area of Building 500
from 7,095 SF to 6,945 SF, thus reducing the required number of parking
spaces from 121 to 120. The applicant has provided 120 parking spaces on the
Site Plan and Construction Plans.
Comments #29 through #33 have been previously satisfied or withdrawn.
Conditions of Approval
32. Comment Withdrawn. See Non-Certification Issues, Comment #42.
33. Comment Withdrawn. See Non-Certification Issues, Comment #43.
34. “Applicant shall copy to the City all permit applications, permits, certifications
and approvals. ” (City Engineer)
35. “Applicant shall provide all necessary construction zone signage and fencing
as required by the City Engineer. ” (City Engineer)
36. “Applicant shall comply with all Federal Environmental Protection Agency
(EPA) and State of Florida Department of Environmental Protection (FDEP)
National Pollutant Discharge Elimination System (NPDES) permit
P:\PBGMEMO\44OI \440 I s.doc
Village Square Professional Park - Building #500
LBFH File No. 04-4401
Page 3 of 4
requirements, including but not limited to, preparation of a stormwater
pollution prevention plan and identiJication of appropriate Best Management
Practices, as generally accepted by the EPA and/or local regulatory agencies,
for construction activities, submission of a Notice of Intent to EPA or their
designee, implementation of the approved plans, inspection and maintenance of
controls during construction, and submission of a Notice of Termination.”
(City Engineer)
37. “Prior to issuance of the Jirst land alteration permit, applicant shall submit
signed/sealed/dated construction plans (paving/grading/drainage and
waterhewer) and all pertinent calculations for review and comment. I’ (City
Engineer)
38. “Prior to construction plan approval and the issuance of the jrst land
alteration permit, applicant shall schedule a pre-permit meeting with City
sta8 ” (City Engineer)
Non-Certification Issues
NOTE: All engineeringAnfrastructure plans are considered conceptual during
the planning and zoning review phase and are subject to further review during
the final construction review. These non-certification comments shall be satisfed
prior to construction plan approval and the issuance of the first land alteration
permit.
39. Not Satisfied. The applicant shall provide to the City letters of authorization
from the applicable utility companies, allowing landscaping and light poles to
be placed within the utility easements, in accordance with LDR Section 78-228.
The applicant states in their narrative response dated December 19, 2005 that
the letters are forthcoming.
40. Not Satisfied. Prior to construction plan approval and the issuance of the first
land alteration permit applicant shall provide a cost estimate for the project,
including public infrastructure and all landscaping and irrigation costs for
review and approval by the City in order to establish surety. The cost estimate
the state of Florida. Surety will be based on 110% of the total combined
approved cost estimates and shall be posted with the City, prior to the issuance
of the first building permit.
111
41. Not Satisfied. Prior to construction plan approval and the issuance of the first
land alteration permit applicant shall provide a cost estimate for the on-site
project improvements, not including public infrastructure, landscaping and
irrigation costs for review and approval by the City. The cost estimate shall be
signed and sealed by an engineer registered in the state of Florida and shall be
posted with the City prior to the issuance of the first building permit.
P:\PBGMEMO\4401\4401 s.doc
Page 4 of 4 Village Square Professional Park - Building #500
LBFH File No. 04-4401
The applicant is requested to return a copy of our comments with the
applicant’s acknowledgement of each comment and the response. Compliance
will expedite the subsequent review.
JATD/tj
cc: Michael Sanchez - PBG (msanchez@,pbgfl.com)
Rick Warner - Warner Real Estate Advisor, Inc. (wrea inc@,bellsouth.net)
Glenn Weller - PF Park, LTD. (gweller@,adelphia.net)
Jeff H. Iravani - Jeff H. Iravani, Inc. (JHI@bellsouth.net)
( ONSULTING CIVIL ENGINEERS,
SURVEYORS h MAPPERS
0
CIVIL
AGRICULTURAL
RESOURCES
ER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
“Partners For Results
Value By Design”
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.lbfli.com
I
MEMORANDUM
TO: Jackie Holloman
FROM: Judy A. T. Dye
DATE: January 27,2006
FILE NO. 04-4401
SUBJECT: Village Square Professional Park
Traffic Impact Analysis
Palm Beach County Traffic Division and the City’s traffic consultant, MTP Group,
Inc., have completed their coordinated review of the Traffic Impact Analysis
prepared by Yvonne Ziel Traffic Consultants dated September 13, 2005 and
additional information dated October 5 and November 10, 2005 pursuant to the
Palm Beach County Traffic Performance Standards and the City of Palm Beach
Gardens Land Development Regulations for the above referenced project.
Their review concludes that the proposed development results in an increase of 663
daily trips with 77 a.m. and 90 p.m. peak hour trips, respectively, and is in
compliance with the City of Palm Beach Gardens Traffic Performance Standards.
Their review also indicates that additional traffic related items may arise during the
site plan approval process and the City of Palm Beach Gardens may impose traffic
conditions in the development order to assure safe, convenient and orderly flow of
vehicular traffic within the City.
A copy of MTP Group’s coordinated comment memorandum dated and received
January 27, 2006, is attached. If you have any questions or require additional
information, please do not hesitate to contact me at (772) 286-3883.
JATD/jm
cc: Tala1 Benothman - PBG- (tbenotliman@,pbgfl.com)
Masoud Atefi - PBCTD (matefi@co.palm-beach.fl.us)
Yvonne Ziel - Yvonne Ziel Traffic Consultants (yztcO,adelphia.net)
Rick Warner - Warner Real Estate Advisor, Inc. (wrea inc@bellsouth.net)
nn xrm ~u~~~oup(w,earthlI~.Iiet) - U. - - 71 .L*
C:\Documents and Settings\jholloman\Local Settings\Temporary Internet Files\OLK28\440 1 q.doc
Department of Engineering
and Public Works
P.O. Box 21 229
West Palm Beach, FL 3341 6- 1229
(561) 684-4000
www.pbcgov.com
II
Palm Beach County
Board of County
Commissioners
Ibny Masilotti, Chairman
e L. Greene. Vice Chairperson * Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
'An Epal Opportunity
Affimative Action Employer"
January 26,2006
As. Judy A. T. Dye
Assistant City Engineer
Xy of Palm Beach Gardens - LBFH Inc.
3550 S.W. Corporate Pkwy.
'aim City, FL 34990
?E: Village Square Professional Park - Phase II
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Judy:
The Palm Beach County Traffic Division has reviewed the traffic study and the
supplemental material in response to our comments for the proposed expansion project
Entitled Village Square Professional Park - Phase II, pursuant to the Traffic
Performance Standards in Article 12 of the Palm Beach County Land Development
Code. The project is summarized as follows:
Location: West side of Prosperity Farms Road, south of RCA Roulevard.
Municipality: Palm Beach Gardens
Existing Uses: Existing Professional Office Park
Proposed Uses: 28,150 SF General Office and 5,400 SF Medical Office.
New Daily Trips: 663
New PH Trips: 77 AM and 90 PM
B uild-out: 2006
Based on our review, the Traffic Division has determined that the proposed expansion
project meets the Traffic Performance Standards of Palm Beach County. It is however
suggested for the City to evaluate the need for an exclusive SB right-turn lane along
Prosperity Farms Road onto the project access driveway to adequately serve the site
when new trips are added to the existing demand. No building permits are to be issued
by the City, after the build-out date specified above. The County traffic concurrency
approval is subject to the Project Aggregation Rules set forth in theTraffic Performance
-2ncEt. ...-
If you have any questions regarding the above comments, please contact me at 684-
4030.
Sincerely,
IOFFICE OF THE COUNTYENGMEER
Project
MTP Group
File: General - TPS Mun. Traffic Study Review
F:\TRAFFIC\maV4drninLpprovals\O50124.doc
Memo to File
From: Ross Gilmore, Forestry Technician
Subject: PUD-04-02 - Village Square Professional Park Phase 11, Building 500
Date: March 14,2006
I have reviewed the Land Development Regulations for the above-referenced application
and provide the following Conditions of Approval:
1. Prior to the issuance of the building permit, the applicant shall submit the
FP&L and SUA approved landscape plans for review and approval by the
City. Major changes to the landscape plan may be determined by the Growth
Management Administrator to be re-reviewed and approved by the City
Council.
2. Within three months from the date of approval, the applicant shall replace
all missing landscape material as shown on the previously approved
landscape plan for the entire site.
3. Prior to the issuance of the building permit, the applicant shall re-plat the
site. The plat shall indicate who maintains the remaining portion of Tract A.
The plat shall include all utility easements and the labeling of the wetland
area similar to Tract C of the Village Square Professional Park. The
ingresdegress easement shall be shown as a separate tract similar to Tract B
of the Village Square Professional Park.
To:
From:
Ref:
Date:
Inter-Office Memorandum
Officer Jules Department
Jackie Hollman P1
Petition PUD -04-22- Village Square
March 15,2006
The Police Department has reviewed the applicants resubmittal of revised plans for
phase 2 building 500 and has no further comments or concerns at this time.
CC: Chief S. Stepp
Files
Madmg Address
PO Box 109602
Palm Beach Gardens
Florida 3341 0-9602
Seacoast Utility Authority
ECUTIVE OFFICE
March 8,2006
Ms. Jackie Holloman
Planning & Zoning Division
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Village Square Crossing Phase 2 Building 500
Dear Ms. Holloman:
We have no comments on your transmittal dated March 2, 2006 concerning the
referenced project. Once detailed water and sewer drawing are available we will be able
to provide further input on this project.
Please call if you require additional information.
Sincerely,
S ACOAST UTILITY THORITY QLX JLc
Bruce Gregg
Director of Operations
cc: R. Bishop
J. Callaghan
J. Dye
J. Lance CITY OF PALM BCH GDNS
MAP 1 I.,:J~
PLANNING & ZONING
4200 Hood Road, Palm Beach Gardens, Florida 33410-2198
Phone: Customer Service (561) 627-2920 I Executive Office (561) 627-2900 / Fax (561) 624-2839
Eric Jablin
Mayor
Joseph Russo
Vice Moyor
Hal Valeche
Council Member
Annie Mane Delgado
Council Member
David Levy
Council Member
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
FIRE RESCUE DEPARTMENT
MEMORANDUM
TO: Jackie Holloman, Planner DATE:November 7,2005
APPROVED:
FROM: Scott Fetterman, Deputy ChiefF
RE: PUD-04-22: Village Square Professional Park, Phase 11, Bldg.500
Fire Rescue has reviewed the above referenced PUD petition and has no
adverse comments and concerns. Thank you for your assistance and consideration
in this matter. Please contact me if you have any questions.
1;
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REVISED 3/18/99
January 19,1999
February 16,1999
February 22,1999
ORDINANCE 10,1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
PROFESSIONAL OFFICE TO PLANNED UNIT
DEVELOPMENT, LOCATED ON THE WEST SIDE OF
PROSPERITY FARMS ROAD SOUTH OF ITS
INTERSECTION WITH RCA BOULEVARD, IN ORDER TO
CONSTRUCT 32,500 SQUARE FEET OF OFFICE SPACE
TO BE KNOWN AS VILLAGE SQUARE PROFESSIONAL
PARK, PHASE 11; PROVIDING FOR CONDITIONS OP
APPROVAL; PROVIDING FOR A WAIVER; AND
PROVIDING FOR AN EFFECTIVE DATE.
FOR RE-ZONING OF 2.23 ACRES, FROM
WHEREAS, the City has received an application from P.F. Park Ltd. for re-zoning of
2.23 acres to Planned Unit Development, located on the west side of Prosperity Farms Road
south of its intersection with RCA Boulevard, as more particularly described in Exhibit “A”
attached hereto, to construct 32,500 squr .; feet of office space to be known as Village Square
Professional Park, Phase 11; and
WHEREAS, the 2.23 acres of land involved is presently zoned Professional office with a
land use descignation of Professional Office; and
WHEREAS, the Growth Management Department has reviewed said application and
determined that it is sufficient; and
WHEREAS, the petition is consistent with the City’s Comprehensive Plan and Land
Development Regulations.
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E CITY OF
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SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby I
approves the application of P.F. Park, Ltd. For re-zoning’ of 2.23 acres to Planned Unit
Development located on the west side of Prosperity Farms Road south of its intersection with
RCA Boulevard, as more particularly described in Exhibit “A” attached hereto, to construct
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I 32,500 square feet of office space to be known as Village Square Professional Park, Phase 11.
Waiver of Section 102-10(2)(k) which requires a 15-foot minimum, 25-foot average upland
buffer from the edge of the wetland area to the building edge, to allow a 15-fOOt minimum,
19.97-foot average distance from the wetland area.
SECTION 3. ’Said Planned Unit Development is approved subject to the following
conditions, which shall be the responsibility of the applicant, its successors and/or assigns:
1. Prior to construction plan approval, the applicant shall provide a letter of authorization
from Seacoast Utility Authority and FPL allowing the applicant to pave and plant within
their proposed and existing easements. (City Engineer)
2. Prior to construction plan approval, lighting and photometric plans shall be submitted for
all exterior lighting elements, including, but not limited to: building security lighting,
landscape highlighting, parking garage lighting, porte coche or canopy lighting, signage
backlighting or uplighting, etc., as well as the parking lot lighting. No exterior lighting
shall be permitted unless it is approved herein or is subsequently approved
administratively. (City Engineer)
3. A permit or a binding wetland determination shall be obtained from FDEP prior to the
issuance of the first building ?ermit for the project (SFWMD dredge and fill permit
and/or ERP’s wetland delineacion). (Building)
4. Due to the physical constraints of the area, a sidewalk is not required to be constructed
adjacent to this property on Prosperity Farms Road. In lieu of constructing a sidewalk,
the applicant shall submit an estimate of the cost to build a sidewalk, to be reviewed by
the City Engineer. Upon agreement by the City Engineer as to the cost to construct a
sidewalk, the applicant shall remit that amount, in one lump sum to the City; to be
utilized for pedestrian pathways elsewhere in the City. These fknds shall be provided to
the City prior to the issuance of the first building permit.
5. Prior to the issuance of the first Certificate of Occupancy in Phase A, Mangroves shall be
planted (as shown on the approved landscape plan) in the old land bridge area east of - I-. - ope ii~. (city Porester)
6. Prior to the issuance of the first Certificate of Occupancy, all prohibited (invasive, exotic)
plants shall be removed from the entire Planned Unit Development. (BuildingKity
Forester)
7. Each building shall be constructed to resemble a residential unit in accordance with the
design guidelines attached hereto as Exhibit “B.” (Planning & Zoning)
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9.
10.
11.
12.
13. a
arcel shall be subject to
mmittee with respect
d site improvem
approval by the Site
for Building JIA, which is approved herein,
If the mangrove area is removed, all or in part, the alternate buffer plan, as depicted on
the approved landscape plan, shall be installed by the P.O.A. within 60 days of a City
request. (Code EnforcemenVCity Forester)
The applicant shall protect all the Oak trees and other native vegetation within the
wetland buffer area, especially during construction, per City Code Section 98-1 05(e).
Buffer protection shall include, but not be limited to, designing the buildings within
building envelopes IIB and IIC, to avoid conflicts with vegetation within the buffer area;
and all fill dirt shall avoid conflicts with root zones, and the head wall along Prosperity
Farms Road shall be modified to prevent conflicts with native trees, if necessary. (City
Forester)
Easements and Property Owners documents shall be reviewed and approved by the City
Attorney prior to the issuance of a building permit. (City Attorney)
The Property Owner's Association shall be responsible for the landscape maintenance
within the entire Planned Unit Development, including, but not limited to, any
undeveloped area prior to ,'-welopment. (Code Enforcement)
The applicant shall comply with all requirements of the Roadway Beautification and
Enhancement Plan once same is established by the City of Palm Beach Gardens and shall
maintain said improvements per City landscape maintenance standards, which shall be
adopted. Specifically, the applicant shall provide improvements in accordance with said
plans in the following public right-of-way:
A. In the median and along the west right-of-way line of Prosperity Farms
Road from the northern terminus of this site to the southern terminus of
this site. (City Forester)
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$ECTIQN-.$lrF- Construction of the Planned Unit Development shall be in camphme I
wfth the foiiowing plans on file with the City's Growth Management Department:
1.
2.
3.
4.
5.
6.
7.
8.
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February 16, 1999 Site Plan by Urban Design Studio, 1 Sheet
February 10, 1999 Plant Detail Sheet by Urban Design Studio, 1 Sheet
February 10, 1999 Construction Phasing Plan by Urban Design Studio, I Sheet
December 1 1, 1998 Lighting Plan by Urban Design Studio, 1 Sheet
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I February 10,1999 Landscape Plan by Urban Design Studio, 1 Sheet
November 19, 1998 Tree Preservation Details by Urban Design Studio, 1 Sheet
December 1 1, 1998 Phase A Lighting Plan by Urban Design Studio, 1 Sheet
February 16, 1999 Cross-Section Profiles by Brown & Phillips, Inc., 1 Sheet
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9.
10.
September 16, 1998 Roof, Floor and Elevation Plans by Michael Morel,
Architect, Sheets 1-3.
February 11, 1999 Sign Plan, 1 Sheet.
Section 5. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 4Ih DAY OF February , 1999.
PLACED ON SECOND READING THIS /y y& DAY OF &- ,1999. /@
VICE GAYOR LAUREN FIUR'ZVADO
ATTEST:
LINDA V. KOSIER
DAY OF , 1999.
COUNCILMA- JABLIN
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
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VOTE: AYE NAY ABSENT
MAYOR RUSSO / ---
VICE MAYOR FURTADO -- - - COUNCILMANSABATELLO - e __
COUNCILMAN JABLIN x- -
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/ --- COUNCILMAN CLARK
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I. EXHIBIT "Aff
-, LEGAL DESCRIPTION "r9 '#
A parcel of land lying in a portion of the East 1/2 of the Northeasz 1/4 or' the
!fortheast 114 of the Northwest 1/4 OP Section 8, Township 42 Souch, Range 43
sast, Palm Beach County, Florida and being more particularly described as
-:ollorrs:
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ZOIGUIENCIWG at the North 1/4 corner of said Section 8;
TYENCE South 02°06'08n West, a distance o€ 393.65 feet along the East line of
said Northwest 114 of Section 8 to the POINT OF BEGINNING;
THENCE, North 88'32'08" West, a distance of 28.47 feet to the beginnin9 of a
Tangent cuwe concave to the Norrheast;
TWENCE Northwesterly, along the arcbf said curve having a radius of 3OO.GO feet,
a delta of 23'07'24", and an arc distance of 80.71 feet to a Point of Xeverse
Cnrvature with a curve concave to the Southwest;
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THENCE Northwesterly, along the arc of said curve having a radius of 67.000 Eeec,
5. delta of 23"07'24", and an arc distance of 27.04 feet to a Point of Tangency;
THENCE North 88"32'08'' West, 202.30 feet to a point in the west line of Zast 112
cf the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of said Section
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'XENCE South 02a03t14'r West, along said we6t line 294.70 feet to the SW corner
cf said East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4;
THENCE South 88a28i07" East, along the South line of said East 1/2 of the
?!ortheast 1/4- of the Northeast 3.14 of the Northwest 1/4, 335.68 feet to the
Southeast corner of said East 1/2 of the Northeast 1/4 of the Northeast 1/4 of
the Northwest 3.14 on the said east line of the Northwest 1/4 of Section 8;.
THENCE North 02°06t08ii East, along said east line,
BEGINNING.
273.64 feet to the lOINT OF
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EXHIBIT B
DESIGN GUIDELINES FOR
VILLAGE SQUARE PROFESSIONAL PARK
10999 PROSPERITY FARMS ROAD
PALM BEACH GARDENS
n Roof tile shall be pigmented cement tile or natural slate and shall match as close as possible the
following color:
e Integra “Smoke”
R Common Architectural Elements shall include:
Concrete block construction with textured stucco
Horizontal lap wood siding
Cement tile or slate roof
Multi-paned arched windows
Hip or Gable style roof
Dormers
Wrought iron railings
Aluminum shutters (louvered)
Entry porticos
R Building height- are not to exceed 35 feet
Interchangeable field and trim colors shall be chosen from the following list:
e Roof facia and trim - Benjamin Moore ... ready mix white
Shutters (if present) - Benjamin Moore ... #HC-158 (Dark Blue)
Building Exterior Walls - Benjamin Moore ... #HC-34 (Beige)
e
m Tenant signage shall include the following elements:
Colors to match building colors
Material and style to match building materials and style
Letters to be a maximum height of 9 inches
Maximum sign panel to be 12 square feet per sign
De allowea per building
Sign panel mounting to building shall be adequate to withstand windloads per Palm
Beach Gardens Building Department standards
C:\MyPllcs\ViIlageSq\Ouidellnes.wpd
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July 11,2002
ORDINANCE 25,2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
AN APPLICATION FROM PF PARK, LTD., FOR AN AMENDMENT TO
THE VILLAGE SQUARE PROFESSIONAL PARK PLANNED UNIT
DEVELOPMENT, PHASE II, TO ALLOW FOR SEVEN (7) COVERED
PARKING SPACES OVER EXISTING PARKING LOT TO BE LOCATED
ON THE WEST SIDE OF BUILDING #700, SAID PUD BEING LOCATED
AT THE SOUTHWEST CORNER OF RCA BOULEVARD AND
PROSPERITY FARMS ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR ONE CONDITION OF
APPROVAL; PROVIDING FOR ONE WAIVER; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (MISC-01-
26) for an amendment to a Planned Unit Development (PUD) from PF Park, Ltd., to allow
the construction of seven (7) covered parking spaces over existing parking lot at the rear
of Building #700 in Phase I1 of Village Square Professional Park, which is located at the
southwest corner of RCA Boulevard and Prosperity Farms Road, as more particularly
described in Exhibit “A” attached hereto; and
WHEREAS, the Village Square Professional Park Phase I1 PUD is currently zoned
Planned Unit Development (PUD) with an underlying zoning of Professional Office (PO),
and a future land-use designation of Professional Office (PO); and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, the Planning and Zoning Commission on May 22, 2002,
recommended approval of said application to allow the construction of a vinyl-covered
parking structure over seven (7) existing parking spaces.at the rear of Building #700 in
Phase II of Village Square Professional Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The foregoing “Whereas” clauses are hereby ratified as true and
confirmed and are incorporated herein.
SECTION 2. The City Council hereby approves said application for a PUD
amendment to allow the construction of seven (7) covered parking spaces over existing
parking lot at the rear of Building #700 in Phase II of Village Square Professional Park.
. . . . .
Ordinance 25, 2002
July 11, 2002
SECTION 3. Said approval is subject to the following condition, which shall be the
responsibility of the applicant, its successors or assigns:
(1) The applicant shall submit a signed and sealed photometric plan
that meets the requirements of the Palm Beach Gardens Land
Development Regulations prior to the issuance of any building
permit for the covered parking structure for Building #700 within
Phase II. (City Engineer)
SECTION 4. The City Council of the City of Palm Beach Gardens hereby grants
the following waiver:
(1) A waiver from the Land Development Regulations Section 78-
374(g), which requires covered parking spaces not to exceed 5% of
the total required parking for a site, to allow for two additional
covered parking spaces for a total of seven (7) for Phase II at the
rear of Building #700.
SECTION 5. Construction of the approved covered parking spaces shall be in
compliance with the following plans on file with the City's Growth Management
Department: 0
(1) Site Plan Al.l dated May 6, 2002, and Exterior Elevation A4.1
dated October I, 2001, by Michael Morel, Architect.
SECTION 6. If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be
unconstitutional, inoperative or void, such holding shall not affect the remainder of the
Ordinance.
SECTION 7, This approval expressly incorporates and is contingent upon
representations made by the applicant's agents at all workshops and public hearings
pertaining to this project.
SECTION 8. All ordinances or parts of ordinances of the City of Palm Beach
Gardens, Florida, which are in conflict herewith are hereby repealed to the extent of such
con f I ict .
SECTION 9. This Ordinance shall be effective upon adoption.
2
Ordinance 25, 2002
July 11, 2002
PLACED ON FIRST READING THIS &M DAY OF -3Ne 2002.
PLACED ON SECOND READING THIS /* DAY OF
OPTEDTHIS /* DAYOF
-4
AYE
c/ VICE MAYOR SABATELLO J
COUNCILMEMBER CLARK /
COUNCILMEMBER RUSSO J
COUNCILMEMBER DELGADO J
fi
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
\ ARD RUBIN, CITY ATTORN
Jackie/village squarelrnisc0126 ord.doc
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NAY ABSENT
Ordinance 25, 2002
July 11 , 2002
EXHIBIT “A”
Village Square Plat No. 2 according to the Plat thereof recorded in Plat Book 90, Pages 190 and
19 1, of the Public Records of Palm Beach County, Florida.
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CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
anuary 15,2003
Via Certified Mail
Mr. Glenn Weller, Agent
SouthCap Properties, Inc.
2359 Treasure Isle Drive, #39
Palm Beach Gardens, Florida 33410
RE: Petition SP-02-20: Village Square Professional Park Phase I1 Building 600
Dear Mr. Weller:
At the Planning and Zoning Commission meeting of January 14, 2003, the Commission
voted 7-0 to grant approval, with conditions, to Petition SP-02-20. This approval shall also
be in accordance with the conditions and requirements of previously-approved Ordinance 10,
1999, as amended by Ordinance 25,2002.
This letter officially documents the approval by the Planning and Zoning Commission of
Petition SP-02-20, which shall be subject to the following conditions:
1. The developer shall pay the required Art in Public Places fee prior to the issuance of
the fiGt Certificate of Occupancy for Building 600 (Development Compliance, Art
Committee Liaison).
2. Landscaping, including long-term tree canopy growth, shall not conflict with lighting
(City Forester, Police Department).
3. Prior to issuance of the first Certificate of Occupancy for Building 600, landscaping
as shown on Site/Landscape Plan Al.1 adjacent to the south side of Building 600
shall be continued to the east adjacent to the south side of the future site of Building
500 (City Forester).
4. Required digital files of approved plat in its entirety transformed to NAD 83 State
Plan Coordinate System shall be submitted to the Planning and Zoning Division prior
and architectural drawings shall be submitted to the Planning and Zoning Division
prior to issuance of the first Certificate of Occupancy for Building 600 (GIs Manager,
Development Compliance Officer).
5. Building 600 shall be limited to a maximum of 5,200 square feet o
office use. In the future, should the applicant desire to convert
office space to medical or dental office use, the applicant is requir
and analysis for Phase IT indicating compliance with all applicable
regulations, such as parking requirements and traffic equivale
Zoning)
.. .. it. &-A. GI
Mr. Glenn Weller, Agent
Village Square Professional Park Building 600
January 15,2003
Page 2
6. No assigned parking shall be permitted on the site, and all buildings within the PUD
shall share all parking spaces, which are owned by the Property Owners Association.
(Planning and Zoning)
7. Prior to issuance of the first building permit, parking in front of the entry to Building
600 shall be shifted slightly to allow for a 5-foot walkway and a 5-fOOt landscape
strip to be located at the center of the building's recessed entry. This will replace one
parking space. (City Forester)
8. Prior to issuance of the first building permit, the hip roof element of the front and rear
masses shall be shown properly on the roof plan and shall be configured as outlined
below. (Planning & Zoning)
9. Prior to issuance of the first building permit, the ridgeline created by the front and
rear hip roof masses should intersect (line up) with the ridgeline of the long roof at
the same elevation. This intersection shall dictate the height of the raised roof element
on the front and rear masses. (Planning & Zoning)
10. Prior to issuance of the first building permit, the two stair towe roof fascia elements
shall be raised approximately 18" above the fascia line that wraps around the balance
of the building. (Planning & Zoning)
11. The applicant shall submit revised site and landscape plans, elevations, and a roof
plan reflecting compliance with conditions 7, 8, 9, and 10 within thirty (30) days of
receipt of this letter.
This approval, hrthermore, shall be in accordance with the following plans on file with the
City's Growth Management Department:
1. Building No. 600 Cover Sheet AO, Site/Landscape Plan Al. 1, Floor Plan A2.1, Roof
P- -44.1, by ler 22,
2002, and subsequently revised per conditions 7,8,9, and 10 above.
This approval applies to the agent, developer, successor and assignees.
/1
Craig Ku&lei ir., Chairman
City of Palm Beach Gardens
Planning and Zoning Commission
Mr. Glenn Weller, Agent
Village Square Professional Park Building 600
January 15,2003
Page 3
cc: City Clerk
Building Official
City Engineer
Development Compliance Officer
GIS Manager
Jhollomanlfolder Village Square 500 600/SP-02-20 Aprvl Itr 2.doc
BUILDING 500 - PHASE II
PROPOSED
SITE PLANS
AND
ARCH ITECTU RAL
ELEVATIONS
PREVIOUSLY APPROVED
PHASE II SITE PLAN
AND
ARCHITECTURAL DRAWINGS
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ORDINANCE 15,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
ORDINANCE IO, 1999 AND ORDINANCE 25,2002 RELATING TO THE
ZONING OF THE VILLAGE SQUARE PROFESSIONAL PARK PHASE II
PLANNED UNIT DEVELOPMENT (PUD) TO TRANSFER THE MASTER
PLAN APPROVAL AND RELATED CONDITIONS TO RESOLUTION 51,
2006; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance IO, 1999 on March 18, 1999, the
City Council approved the rezoning of the approximately 2.23-acre Village Square
Professional Park Phase II from a Professional Office (PO) zoning district to a Planned Unit
Development (PUD) Overlay/Professional Office (PO) zoning district, and approved four
professional office buildings on the site, totaling 32,500 square feet; and
WHEREAS, through the adoption of Ordinance 25,2002 on August 1,2002, the City
Council approved an amendment to the Village Square Professional Park PUD Phase II to
allow seven covered parking spaces on the west side of Building 700; and
WHEREAS, as allowed under Ordinance IO, 1999, a minor site plan application for
Building 600 was approved by the City’s Planning, Zoning, and Appeals Board on January
15,2003, which included 5,200 square feet of medical office use within the 10,400-square-
foot building; and
WHEREAS, the City has received a request from Warner Real Estate Advisors,
agent for P. F. Park, Ltd., to increase the total building square footage of the Village
Square Professional Park Phase II Planned Unit Development from 32,500 square feet to
33,400 square feet, to allow the review and approval of Building 500, and to allow the
conversion of 200 square feet of professional office use within Building 800 to medical
office use, for a total of 5,400 square feet of medical office use and 28,000 square feet of
professional office use for the Planned Unit Development; and
WHEREAS, the Growth Management Department has reviewed the application and
has determined that it is sufficient; and
WHEREAS, on April 25,2006, the PUD amendment petition was reviewed by the
City’s Planning, Zoning, and Appeals Board at a public hearing, and the Board voted 7-0 to
recommend approval of the petition, including previously-approved waivers and conditions
of approval contained herein; and
WHEREAS, the City Council has considered the evidence and testimony presented
by the Petitioner and other interested parties and the recommendations of the various City
of Palm Beach Gardens review agencies and staff; and
Date Prepared: May 1,2006
Date Prepared: May 1, 2006
Ordinance 15, 2006
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WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 1 of Ordinance IO, 1999 is amended to read: The City Council
of the City of Palm Beach Gardens, Florida hereby approves the application of P. F. Park,
Ltd..Ffor rezoning of 2.23 acres to Planned Unit Development, located on the west side of
Prosperity Farms Road, south of its intersection with RCA Boulevard, a-
-, to construct 3&5W 33,400 square feet of office
space, which includes 5,400 square feet of medical office space and 28,000 square feet of
general office space, t&e known as Village Square Professional Park, Phase II, for the
property more particularlv described as:
VILLAGE SQUARE PROFESSIONAL OFFICE PLANNED UNIT DEVELOPMENT (PUD)
LEGAL DESCRIPTION:
VILLAGE SQUARE PLAT NO. 2, ACCORDING TO THEPLAT THEREOF AS
RECORDED IN PLAT BOOK 90, PAGE 190 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
SECTION 3. Sections 2 through 4, inclusive, of Ordinance IO, 1999 are hereby
transferred to Resolution 51, 2006. The remaining Section 5 of Ordinance IO, 1999 shall
be renumbered accordingly. Any future amendments to the PUD and conditions of
approval shall be accomplished by Resolution of the City Council.
SECTION 4. Sections 3 through 5, inclusive, of Ordinance 25, 2002 are hereby
transferred to Resolution 51, 2006. The remaining Sections 6 through 9, inclusive, of
Ordinance 25, 2002 shall be renumbered accordingly.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2
Date Prepared: May 1,2006
Ordinance 15, 2006
1 PASSED this /F3day of 3upg , 2006, upon first reading.
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3 PASSED AND ADOPTED this day of ,2006, upon second
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and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
.- 46 \\Pbgsfile\Attorneylattorney-share\ORDINANCES\vlg square professional office - ord 15 2006.doc
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RESOLUTION 51,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
VILLAGE SQUARE PROFESSIONAL PARK PHASE II PLANNED UNIT
DEVELOPMENT (PUD), GENERALLY LOCATED ON THE WEST SIDE
OF PROSPERITY FARMS ROAD, SOUTH OF ITS INTERSECTION
WITH RCA BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO ALLOW THE CONSTRUCTION OF BUILDING 500 AND
OTHER MINOR MODIFICATIONS TO THE APPROVED USE SQUARE
FOOTAGES; PROVIDING WAIVERS; PROVIDING CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance IO, 1999 on March 18, 1999, the
City Council approved the rezoning of the approximately 2.23-acre Village Square
Professional Park Phase II from a Professional Office (PO) zoning district to a Planned Unit
Development (PUD) Overlay/Professional Office (PO) zoning district, and approved four
professional office buildings on the site totaling 32,500 square feet; and
WHEREAS, through the adoption of Ordinance 25,2002 on August 1,2002, the City
Council approved an amendment to the Village Square Professional Park PUD Phase II to
allow seven covered parking spaces on the west side of Building 700; and
WHEREAS, as allowed under Ordinance IO, 1999, a minor site plan application for
Building 600 was approved by the City’s Planning, Zoning, and Appeals Board on January
15,2003, which included 5,200 square feet of medical office use within the 10,400-square-
foot building; and
WHEREAS, the City has received a request (Petition PUD-04-22) from Warner Real
Estate Advisors, agent for P.F. Park, Ltd., for approval of an amendment to the Village
Square Professional Park Phase It Planned Unit Development to increase the total building
square footage of the Planned Unit Development from 32,500 square feet to 33,400 square
feet, to allow the review and approval of Building 500, and to allow the conversion of 200
square feet of professional office use within Building 800 to medical office use; and
WHEREAS, these requests relate to the original PUD approval, as amended, and
do not affect the zoning of the property; and
WHEREAS, the Growth Management Department has reviewed the application and
has determined that it is sufficient; and
Date Prepared: May 1,2006
Date Prepared: May 1, 2006
Resolution 51, 2006
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WHEREAS, on April 25,2006, Petition No. PUD-04-22 was reviewed by the City’s
Planning, Zoning, and Appeals Board at a public hearing, and the Board voted 7-0 to
recommend approval of the petition, including waivers and conditions contained herein;
and
WHEREAS, the City Council has considered the evidence and testimony presented
by the Petitioner and other interested parties and the recommendations of the various City
of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified
SECTION 2. The Planned Unit Development amendment for the Village Square
Professional Park Phase II Planned Unit Development is hereby APPROVED on the
following described real property to increase the total building square footage of the
Planned Unit Development from 32,500 square feet to 33,400 square feet, to allow the
review and approval of Building 500, and to allow the conversion of 200 square feet of
professional office use within Building 800 to medical office use, as more particularly
described herein, subject to the conditions of approval contained herein, which are in
addition to the general requirements otherwise provided by ordinance:
VILLAGE SQUARE PROFESSIONAL PARK PHASE II
LEGAL DESCRIPTION:
VILLAGE SQUARE PLAT NO. 2, ACCORDING TO THEPLAT THEREOF AS
RECORDED IN PLAT BOOK 90, PAGE 190 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
SECTION 3. The City Council of the City of Palm Beach Gardens hereby approves
the following waiver:
1. A waiver from Section 78-364, Loading Spaces, to allow no loading spaces.
SECTION 4. Said Planned Unit Development amendment is approved subject to
the following conditions, which shall be the responsibility of the Applicant, its successors, or
assigns:
2
Date Prepared: May 1,2006
Resolution 51, 2006
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Ordinance IO. 1999:
1.
2.
3.
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6.
7.
8.
Prior to construction plan approval, the Applicant shall provide a letter of
authorization from Seacoast Utility Authority and FPL allowing the Applicant to
pave and plant within its proposed and existing easements. (City Engineer)
SAT1 S FI ED
Prior to construction plan approval, lighting and photometric plans shall be
submitted for all exterior lighting elements, including, but not limited to: building
security lighting, landscape highlighting, parking garage lighting, porte cocher,
or canopy lighting, signage backlighting or uplighting, etc., as well as the
parking lot lighting. No exterior lighting shall be permitted unless it is approved
herein or is subsequently approved administratively. (City Engineer)
SAT1 S F I ED
A permit or a binding wetland determination shall be obtained from FDEP prior
to the issuance of the first building permit for the project (SFWMD dredge and
fill permit and/or ERP’s wetland delineation). (Building) SATISFIED
Due to the physical constraints of the area, a sidewalk is not required to be
constructed adjacent to this property on Prosperity Farms Road. In lieu of
constructing a sidewalk, the Applicant shall submit an estimate of the cost to
build a sidewalk to be reviewed by the City Engineer. Upon agreement by the
City Engineer as to the cost to construct a sidewalk, the Applicant shall remit
that amount, in one lump sum to the City, to be utilized for pedestrian
pathways elsewhere in the City. These funds shall be provided to the City
prior to the issuance of the first building permit. (Development Compliance,
City Engineer) SATISFIED
Prior to the issuance of the first Certificate of Occupancy in Phase A,
Mangroves shall be planted (as shown on the approved landscape plan) in the
old land bridge area east of building envelope IIB. (City Forester) SATISFIED
Prior to the issuance of the first Certificate of Occupancy, all prohibited
(invasive, exotic) plants shall be removed from the entire Planned Unit
Development. (Bu ilding/City Forester) SATlS F I E D
Each building shall be constructed to resemble a residential unit in accordance
with the design guidelines attached hereto as Exhibit “B.” (Planning & Zoning)
Each parcel shall be subject to review and approval by the Site Plan and
Appearance Review Committee with respect to such items as architectural,
foundation landscaping, site irrigation, and site improvements, except for
Building HA, which is approved herein. (SPARC) SATISFIED
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Date Prepared: May 1,2006
Resolution 51,2006
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9. If the Mangrove area is removed, all or in part, the alternate buffer plan, as
depicted on the Alternate Buffer Detail plan dated
Februarv IO, 1999, bv Urban Design Studio (Petition PUD-98-02) shall be
installed by the POA within sixty (60) days of a City request. (Code
Enforcement, City Forester)
IO. The Applicant shall protect all the Oak trees and other native vegetation within
the wetland buffer area, especially during construction, per City Code Section
4XM-&@j78-330. Buffer protection shall include, but not be limited to,
designing the buildings within building envelopes IIB and IIC to avoid conflicts
with vegetation within the buffer area; and all fill dirt shall avoid conflicts with
root zones, and the head wall along Prosperity Farms Road shall be modified
to prevent conflicts with native trees, if necessary. (City Forester)
1 1. Easements and the Property Owner's Association documents shall be reviewed
and approved by the City Attorney prior to the issuance of a the first building
permit for Building 500. (City Attorney)
12. The Property Owner's Association shall be responsible for the landscape
maintenance within the entire Phase II Planned Unit Development, including,
but not limited to, any undeveloped area prior to development. (Citv Forester,
Code Enforcement)
13. The Applicant shall comply with all requirements of the Roadway Beautification
and Enhancement Plan for Prosperitv Farms Road once same is established
by the City of Palm Beach Gardens and shall maintain said improvements per
City landscape maintenance standards, which shall be adopted. Specifically,
the Applicant shall provide improvements in accordance with said plans in the
following public right-of-way:
A. In the median and along the west right-of-way line of Prosperity Farms
Road from the northern terminus of this site to the southern terminus of
this site. (City Forester)
/PA! Cnr-r D&n nn ,' REPLACED WITH NEW
UT*
CONDITION
1%. Villaqe Square Professional Park Phase II shall be limited to a
maximum of 5&M3 5,400 square feet of medicaVdental office use. In the future,
should the Applicant desire to convert additional general office space to medical
or dental office use, the Applicant if shall be required to provide data and
analysis for Phase I I indicating compliance with all applicable land development
regulations, such as parking requirements and traffic equivalency. (Planning &
Zoning)
4
Date Prepared: May 1,2006
Resolution 51,2006
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163. No assigned parking shall be permitted on the site, and all buildings within the
PUD shall share all parking spaces, which are owned by the Property Owners
Association. (Planning & Zoning)
Ordinance 25, 2002:
176. The Applicant shall submit a signed and sealed photometric plan that meets
the requirements of the Palm Beach Gardens Land Development Regulations
prior to the issuance of any building permit for the covered parking structure for
Building #700 within Phase II. (City Engineer)
New Conditions:
17. Prior to the issuance of the first buildinq permit, the Applicant shall submit the
FP&L and SUA approved landscape plans for review and approval bv the Citv
Forester. Maior changes to the landscape plan may be determined bv the
Growth Management Administrator, as necessary, to be re-reviewed and
approved bv the Citv Council. (Citv Forester)
18. Within three months from the date of approval, the Applicant shall replace any
landscape material missing from the previouslv-approved landscape plan for
the entire site. (Citv Forester)
19. Prior to the issuance of the first certificate of occupancy for Building 500, the
Applicant shall re-plat the site. The plat shall indicate who maintains the
remaining portion of Tract A. The plat shall include all utilitv easements and
the labelinq of the wetland area similar to Tract C of the Villaqe Square
Professional Park. The inqresdegress easement shall be shown as a
separate tract similar to Tract B of the Village Square Professional Park. (Citv
Forester)
20. The Applicant shall cow to the Citv all permit applications, permits,
certifications and approvals . (Ci tv E ng inee r)
21. The Applicant shall provide all necessaw construction zone siqnaqe and
fencing as required bv the Citv Engineer. (Citv Enqineer)
22. The Applicant shall complv with all Federal Environmental Protection Aqencv
{EPA) and State of Florida Department of Environmental Protection (FDEP)
National Pollutant Discharqe Elimination System (NPDES) permit
requirements, includinq but not limited to, preparation of a storm water
pollution prevention plan and identification of appropriate Best Manaqement
Practices, as generally accepted bv the EPA and/or local requlatory agencies,
for construction activities, submission of a Notice of Intent to EPA or its
designee, implementation of the approved plans, inspection and maintenance
of controls during construction, and submission of a Notice of Termination.
[City Engineer)
5
Date Prepared: May 1,2006
Resolution 51,2006
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23. Prior to the issuance of the first land alteration permit, the Applicant shall
submit siqned/sealed/dated construction plans (paving/grading/drainaqe and
waterlsewer) and all pertinent calculations for review and comment. (City
Engineer)
24. Prior to construction plan approval and the issuance of the first land alteration
permit, the Applicant shall schedule a pre-permit meetinq with City staff. (City
Engineer)
25. Prior to the issuance of the first Certificate of Occupancy for Building 500,
required digital files of the approved plat for the south parcel in its entirety,
transformed to NAD 83 State Plane Coordinate System, shall be submitted to
the Planninq and Zoning Division. Prior to the issuance of the first Certificate
of Occupancy, approved civil engineerinq, as-built desiqn, and architectural
drawings shall be submitted to the Planninq and Zoning Division. (GIs
Manaqer)
26. The build-out date for this develoDment is December 31, 2006. (Planninq &
Zoning, Engineering, Development Compliance)
27. Prior to the issuance of the first Certificate of Occupancy for Buildinq 500, the
Applicant shall comply with the following: (Police Department)
a. Lightinq shall not conflict with landscapinq, including lonq-term tree growth.
b. All lighting for streets, parking lots, and pedestrian walkways shall be metal
halide. Metal halide liqhtina shall be used for the multi-use pathways and
sidewalks within the site and shall be lit at a minimum of 0.6 foot candles.
c. Non-qlare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways.
d. Timer clock or photocell lighting shall be provided for nighttime use above
or near entryways and all exits, includinq emerqency exits.
e. Numerical addresses shall: (1) be unobstructed: (2) be illuminated for
nighttime visibility; and (3) have bi-directional visibility from the roadway.
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
43
44 Michael Morel, Architect.
45
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1. Site Plan Al.l received March 1, 2006, and dated December 6, 2004, by
6
Date Prepared: May 1,2006
Resolution 51, 2006
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2. Landscape Plan Ll .I received March 1,2006, and dated December 6,2004,
bv Michael Morel, Architect.
3. Floor Plans and Roof Plan Buildins 500 received March 1, 2006, and dated
December 6, 2004, bv Michael Morel, Architect.
4.
5.
Elevations Plan Buildins 500 received March 1,2006, and dated December 6,
2004, bv Michael Morel, Architect.
Photometry Site Plan dated April 12, 2006, bv Main Street Engineerins.
6. Sik-WacP,!.! slMMay5,2Q!X aREc Exterior Elevation A4.1 dated October 1 ,
2001, by Michael Morel, Architect.
1 e+.&-
I ' -'
81. February 16, 1999, Cross-Section Profiles by Brown & Phillips, Inc., 1 Sheet.
438. February 11 , 1999, Sign Plan, 1 Sheet.
442. February 10, 1999, Lafxkapcaff Alternate Buffer Plan by Urban Design
Studio, 1 Sheet.
140. February 10, 1999, Plant Detail Sheet by Urban Design Studio, 1 Sheet.
121. February 10, 1999, Construction Phasing Plan by Urban Design Studio, 1
Sheet.
1 c+.&
I ' -1
152. November 19, 1998, Tree Preservation Details by Urban Design Studio, 1
Sheet.
163. September 16, 1998, Roof, Floor and Elevation Plans by Michael Morel,
Architect, Sheets 1-3.
SECTION 6. All future major amendments to the Village Square Professional Park
Phase II Planned Unit Development shall be approved by Resolution.
SECTION 7. This approval shall be consistent with all representations made by the
Applicant or Applicant's agents at any workshop or public hearing.
SECTION 8. This Resolution shall become effective immediately upon adoption.
7
Date Prepared: May 1,2006
Resolution 51,2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
--- COU NCI LM EM BER LEVY
COUNCILMEMBER VALECHE ---
\\Pbgsfile\Attorneyttorney-share\RESOLUTlONS\vlg square professional park - reso 51 2006.doc
8
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 31,2006
Meeting Date: July 6,2006
Resolution 59,2006
SubjectlAgenda Item: PGA Commons Plat No. 5
[XI Recommendation to APPROVE
] Recommendation to DENY
Reviewed by:
Growth Management
Department
& City Attorney
Finance Administrator
dlh
Submitted by:
i_ <->
Judy A. Taylor Dye
Assistant City Engineer
,JY&.\L& 4 PfY I 1 +.q
Approved by:
Originating Dept.:
Engineering
<. _, <-.>
Judy A. Taylor Dye
Assistant City Engineer
)y+ -fM= ;J-$ y
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[X ] Notified
[ ] Not required
Costs: $ NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ] Operating
[X ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 59,2006
[ ]None
Page 2 of 2
Date Prepared: May 31,2006
Meeting Date: July 6,2006
Resolution 59,2006
STAFF RECOMMENDATION
The plat of PGA Commons Plat No. 5 includes the platting of the site located east of Hickory
Drive and South of PGA Boulevard.
Staff recommends approval of Resolution 59,2006.
https://email.Ibfh.com/exchange/Judy-D/Inbox/Draft Resolution and Agenda Covers.EMU4404g agenda cover.doc/C58EA28C-l8C04a97-9AF2-
036E93DDAFB3/4404g agenda cover.doc?attach= 1
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RESOLUTION 59,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE PGA COMMONS
PLAT NO. 5; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the PGA Commons Plat No. 5; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends the approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
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 Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the PGA Commons Plat No. 5 consisting of two (2) sheets, prepared
by Lidberg Land Surveying, Inc., attached hereto as Exhibit “A.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
~
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Date Prepared: May 31,2006
Resolution 59, 2006
PASSED AND ADOPTED this day of , 2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR BARNETT ---
COUNCILMEMBER JABLIN ---
CO U NC I LM EM B E R LEVY
COUNCILMEMBER VALECHE ---
---
GAattorney-share\RESOLUTlONS\PLAT - PGA commons no 5 - reso 59 2006.doc
2
Date Prepared: May 31,2006
Resolution 59, 2006
EXHIBIT A
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: May 31,2006
Meeting Date: July 6,2006
Resolution 61,2006
SubjecUAgenda Item: Legacy Place Commercial
[XI Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by:
Growth Management
3GzLLEr
Finance Administrator
Nv/A
~
Submitted by:
<- <->
Judy A. Taylor Dye
Assistant City Engineer
)s&k.A I*+ I .r++
Approved by:
Ron Fe ris 67
Ci& Madaaer
Originating Dept.:
Engineering
Judy A. Taylor Dye
Assistant City Engineer
)y,.CR T*$* j J-? y <. _, <-.>
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[X ] Notified
-
[ ] Not required
Costs: $ NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 61,2006
[ ]None
Page 2 of 2
Date Prepared: May 31,2006
Meeting Date: July 20,2006
Resolution 61,2006
STAFF RECOMMENDATION
The plat of Legacy Place Commercial includes the platting of the commercial portion of Legacy
Place PUD located immediately East of Alternate A1 A, South of PGA Boulevard and north of
RCA Boulevard.
Staff recommends approval of Resolution 61,2006.
https://email.Ibfh.com/exchange/Judy-D/Inbox/Draft Resolution and Agenda Covers.EMU4049Bzzm agenda cover.doc/C58EA28C-l8CO4a97-
9AF2-036E93DDAFB3/4049Bzzm agenda cover.doc?attach=l
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RESOLUTION 61,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE LEGACY PLACE
COMMERCIAL PLAT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Legacy Place Commercial Plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends the approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
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 Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Legacy Place Commercial Plat consisting of eight (8) sheets,
prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit “A.”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: May 31,2006
Resolution 61, 2006
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PASSED AND ADOPTED this day of ,2006.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR BARNETT
COUNCILMEMBER JABLIN
COU NCI LM EMBER LEVY
COUNCILMEMBER VALECHE
-- AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\PLAT - legacy place commercial - reso 61 2006.doc
2
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LEGACY FUCE PVIT NO. 2
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 7,2006
Meeting Date: July 6,2006
Resolution 67,2006
SUBJECI'/AGENDA ITEM
Resolution 67,2006: Elementary School at Mirasol
Consideration for Approval: A request by the School District of Palm Beach County for approval
of a Master Site Plan and Conditional Use to allow the construction of a two (2) story, 127,448
square-foot elementary school on the 18.29-acre elementary school site within the Mirasol
Planned Community Development (PCD), generally located on the south side of Hood Road
immediately west of the Florida Turnpike.
[XI Recommendation to APPROVE
[ ] Recommencl,ation to DENY
Reviewed by:
City Attorney-
Finance Administrator N/A
Allan Owens
Development
Compliance
AICP
Daniel P. Clar
Approved By:
City Manager Lc
RonalddFe is /ec
Originating Dept.:
Growth
Project
Manager
AICP
Planning Manager
[XI Quasi -Judicial
[ 3 Legislative
[XI Public Hearing
_Advertised:
Date: 06/21/06
Paper: Palm Beach
Post
[XI Required
mot Required
Affected Parties:
[XI Notified
[ ] Not Required
Finance:
Finance
Administrator:
Allan Owens
NJA
Building Accountant:
BY
K. Labossiere
Fees Paid: [ ]
Date:
Budget Acct.#:
N/A
CC Action:
[ ] Approved
[ 1 App. w/ conditions
[ 3 Denied
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
0 Conditional Use
Criteria
Section 1013.33 (F.S.)
0 School Board
response to DRC
Comments
0 Site Plan
0 Landscape Plan
0 Elevations
0 Resolution 67,2006
Date Prepared: June 7,2006
Meeting Date: July 6,2006
Resolution 67,2006
BACKGROUND
The Mirasol Planned Community Development (PCD) is located between PGA Boulevard and
Hood Road immediately west of the Florida Turnpike. The approved PCD Master Plan
designated a 32.73-acre school site within the PCD at the southwest corner of Hood Road and
Florida Turnpike. The School District of Palm Beach County (the “District”) is proposing a
127,448 square foot elementary school that will encompass 18.29 acres of the school site.
LAND USE AND ZONING
The subject site has a Residential Low (RL) future land-use designation and a zoning
designation of Planned Community District (PCD) Overlay.
2005 FLORIDA STATUTES
In accordance with Section 1013.33, Florida Statutes (F.S.), entitled Coordination of planning
(Educational facilities) with local governing bodies (attached), the District is required to
request a determination from the City that a site plan for a proposed educational facility is
consistent with the City’s Comprehensive Plan. The City shall determine, in writing within 45
days after receiving the necessary information and the school board’s request for a
determination, whether the proposed educational facility is consistent with the local
comprehensive plan and consistent with local land development regulations. If the
determination is affirmative, school construction may commence and further City approvals
are not required, except as provided in Section 1013.33, F.S. Failure of the City to make a
determination in writing within 90 days after the District’s request for a determination of
consistency shall be considered an approval of the District’s application.
Further, the City may not deny the site applicant based on adequacy of the site plan as it
relates solely to the needs of the school. If the site is consistent with the
comprehensive plan’s land use policies and categories in which public schools
are identified as allowable uses, the City may not deny the application. The City
may only consider the site plan and its adequacy as it relates to environmental
concerns, health, safety and welfare, and effects on adjacent property. Standards
and conditions may not be imposed which conflict with those established in Section 1013,
F.S., or the Florida Building Code, unless mutually agreed and consistent with the interlocal
agreement required by Section 1013.33, F.S.
CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN
Future Land Use Element
The following are policies set forth in the City’s Comprehensive Plan relating to school
facilities with which the proposed site plan for the School is consistent:
Policy 1.1.1.7.: The City shall ensure the availability for suitable land for public and
institutional uses necessary to support development by:
+++++
2
Date Prepared: June 7,2006
Meeting Date: July 6,2006
Resolution 67,2006
2. Allowing public/institutional uses in certain land-use categories subject to limitations
and locational criteria as identified in this Plan. Such locational criteria shall include
the following standards:
*****
(c) Public/Institutional Uses shall be limited in intensity to a maximum lot
coverage of 40% of the site and a maximum building height of 50 feet.
Staff Comments: The proposed School has a maximum lot coverage of 11.73% of the
site and a maximum building height of 34’ - 8”, as measured pursuant to the City’s
LDRs.
(d) Schools shall be considered as compatible and allowable in areas designated
with any residential land-use category (RR20, RRio, RVL, RL, RM, RH).
Further, schools shall be considered public/institutional uses and be allowable
within areas designated Industrial (IND) and Public/Institutional (P) on the
Future Land Use Map.
Stag Comments: The subject site has a Residential Low (RL) future land-use
designation.
(e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be
set back from adjacent roadways. Buffering for noise, odors, glare and lights
shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in
the sides and rear and buffers shall be a minimum of 5 feet. Buffers and
setbacks may be increased depending on the characteristics of the proposed
public/institutional use. Stadiums, outdoor recreational facilities and similar
support facilities shall be located and buffered on the proposed site to minimize
impacts on adjacent properties.
Staff Comments: The District has made every attempt possible to minimize impacts on
adjacent properties. The master developer of the PCD will be installing a required
buffer on the north side of the site to provide screening from the adjacent residents to
the north. The school is set back from adjacent roadways and property lines in
accordance with the aforementioned criteria.
Public School Facilities Element
The following are policies set forth in the City’s Comprehensive Plan relating to the siting and
development review process for public school facilities:
Objective 11.1.4.: To establish a process of coordination and collaboration between the
County, local governments, and the School District in the planning and siting of public school
facilities in coordination with planned infrastructure and public facilities.
Policy 11.1.4.1: The City of Palm Beach Gardens shall coordinate and provide for expedited
review of development proposals with the School District during the development review
process to ensure integration of public school facilities with surrounding land uses and the
3
Date Prepared June 7,2006
Meeting Date: July 6, 2006
Resolution 67, 2006
compatibility of uses with schools.
Staff Commen.: Staff has made every attempt to expeditiously review the District’s
development proposal in accordance with the City’s LDR’s to ensure the integration of the
School facility with surrounding land uses.
Policy 11.1.4.2: There shall be no significant environmental conditions and significant
historical resources on a proposed site that can not be mitigated or otherwise preclude
development of the site for a public educational facility.
Staff Comments: Staff has determined that the proposed site plan poses no threats to the
environmental resources on site. There exist no historical resources on site.
Policy 11.1.4.3: The proposed site shall be suitable or adaptable for development in
accordance with applicable water management standards, and shall not be in conflict with the
adopted or officially accepted plans of the South Florida Water Management District, or any
applicable Stormwater Utility or Drainage District.
Staff Comments: The District has indicated that all necessary development permits have
already been acquired.
CITY OF PALM BEACH GARDENS LAND DEVELOPMENT REGULATIONS
Section 78-159 of the City’s LDR’s, entitled Permitted uses, conditional, and prohibited uses,
requires “Schools, Public and Private,” to be granted conditional use approval by the City
Council. Demonstration of the project’s compliance with the City’s conditional use criteria
established in Section 78-52 is attached hereto.
PROJECT DETAILS
Overview
The District is proposing a 127,448 square-foot elementary school on 18.29 acres of the
Mirasol PCD school site. The school consists of a 123,046 square-foot, two (2) story main
building and a 4,402 square-foot accessory building, as well as athletic facilities, playgrounds,
and an area for future portables.
Access and Truffic Circulation
Access to the site is via Jog Road. There is no vehicular access to Hood Road with the
exception of an emergency access requested by the City. During the approval of the PCD,
access to Hood Road from the school site was eliminated from the PCD due to requests by
neighboring residents.
4
The site contains separate areas for parent drop-off and bus drop-off.
Landscapina
The District has worked with the City Forester in order to come up with a landscape plan and
addresses the City’s major concerns and maintains the safety standards and budgetary
constraints of the District. Common area species include Live Oak, Dahoon Holy, Crape
Myrtle, Slash Pine, Bald Cypress and Red Maple.
Prior to the development of the school, the master developer will be installing buffers along
the north and south sides of the school as required pursuant to the PCD Development Order.
The District will only be providing building, pedestrian area and parking lighting on site. The
athletic fields will not be lit.
Architecture
The District is proposing a Mediterranean-style architecture, consistent with the architectural
style of the Mirasol PCD. Architectural features include tower features, banding, articulation
through the use of building materials and color, and clay-tile roofs.
DEVELOPMENT REVIEW COMMITTEE
The City’s Development Review Committee performed a review of the project and determined
that it is consistent with the City’s Comprehensive Plan. A complete list of departmental
comments, as well as the District’s response to said comments, is attached hereto.
PUBLIC NOTICE
In accordance with Section 78-54 of the City’s Land Development Regulations, entitled Public
Notice, the City sent notice of this public hearing via certified mail to all property owners
within 500 feet of the site as well as to all Property Owners’ Associations within the PCD.
PLANNING. ZONING AND APPEALS BOARD
The City’s Planning, Zoning and Appeals Board (PUB) reviewed the subject petition at a
public hearing at its June 13, 2006, meeting and voted 7-0 to recommend its approval to the
City Council.
STAFF RECOMMENDATION
In accordance with the aforementioned Florida Statutes, staff has reviewed the proposed site
plan and considered its adequacy as it relates to environmental concerns, health, safety and
welfare, and effects on adjacent property. Staff has determined that the proposed site plan
does not raise any environmental concerns; it ensures the health, safety and welfare of the
students and faculty on the school campus, as well as that of the surrounding residents and
5
Date Prepared: June 7,2006
Meeting Date: July 6, 2006
Resolution 67,2006
Date Prepared: June 7,2006
Meeting Date: July 6,2006
Resolution 67,2006
visitors to the site; it minimizes negative effects on adjacent properties; and it is consistent
with the City’s Comprehensive Plan, as stated herein. Therefore, staff recommends
APPROVAL of Resolution 67,2006.
6
CONDITIONAL USE ANALYSIS
City of Palm Beach Gardens LDR Section 78-52
(1) Comprehensive plan. The proposed use is consistent with the
comprehensive plan.
StaffAnalysis: As demonstrated in the staff report for this petition, staff has determined
that the proposed school is consistent with the City’s Comprehensive Plan.
(2) Chapter requirements. The proposed use is consistent with all
applicable requirements of this chapter.
StqffAnalgs&: Section 78-159 of the City’s LDR’s, entitled Permitted uses, conditional,
and prohibited uses, requires “Schools, Public and Private,” located within a Residential
Low (RL) zoning district to acquire conditional use approval from the City Council. The
Mirasol PCD has an underlying zoning of RL; therefore, staff has requested the
application be processed as a Conditional Use.
The proposed development plans are generally consistent with the requirements of the
City’s Land Development Regulations.
(3) Standards. The proposed use is consistent with the standards for
such use as provided in Section 78-159.
StgffAnalQs.: The proposed use is consistent with the additional standards provided in
Section 78-159Q).
(4) Public welfare.
safety, and welfare by:
The proposed use provides for the public health,
a. Providing for a safe and effective means of pedestrian access;
b. Providing for a safe and effective means of vehicular ingress and
egress;
c. Providing for an adequate roadway system adjacent to and front of
the site;
d. Providing for safe and efficient onsite traffic circulation, parking,
and overall control; and
e. Providing adequate access for public safety purposes, including
fire and police protection.
StqffAnaZusis: Staff has determined that the proposed use provides for the aforesaid
standards and, therefore, provides for the public health, safety, and welfare.
(5) Screening and buffering. The proposed use utilizes such techniques as
landscaping, screening, buffering, site or building design, or business
operation procedures to mitigate impacts on surrounding properties,
including such impact as:
a.
b.
C.
d.
e.
f.
g*
h.
1.
j.
Noise;
Glare;
Odor;
Ground-, wall-, or roof-mounted mechanical equipment;
Perimeter, interior, and security lighting;
Signs;
Waste disposal and recycling;
Outdoor storage of merchandise and vehicles;
Visual impact; and
Hours of operation.
StaffAnaZusis: As provided in the staff report, the District has made every attempt to
minimize the negative impacts of the project on the adjacent properties, including the
issues listed above.
(6) Utilities. The proposed use minimizes or eliminates the impact of utility
installation, including underground and overhead utilities, on adjacent
properties.
StaffAnaZusis: As provided in the staff report, the District has made every attempt to
minimize the negative impacts of the project on the adjacent properties.
(7) Dimensional standards. The proposed use meets or exceeds all
dimensional requirements required by the chapter.
StuffAnaZusis: The proposed site plan is generally consistent with the requirements of this
chapter.
(8) Neighborhood plans. The proposed use is consistent with the goals,
objectives, policies, and standards of neighborhood plans.
(9) Compatibility. The overall compatibility of the proposed development
with adjacent and area uses, and character of area development.
2
StaffAnalysis: The school site was designated as such during the original approval of the
PCD. Compatibility of a school site with the surrounding residential areas was a
determining factor when considering the design and location of the site. The proposed
design of the school, in staffs opinion, is compatible with the surrounding areas.
(10) Patterns of development. The proposed use will result in logical, timely,
and orderly development patterns.
StaffAnalusis: The timing and construction of the school site was considered during the
approval of the PCD.
(11) Purpose and intent. The proposed use will be in harmony with the
general purpose and intent of this chapter and the goals, objectives, and
policies of the City.
StaffAnalusis: Staff has reviewed the proposed use and found it to be in harmony with the
intent of the City’s LDRs and the Goals, Objectives, and Policies of the Comprehensive
Plan.
(12) Adverse impact. The design of the proposed use and structures will
minimize any adverse visual impacts or impacts caused by the intensity
of the use.
StaffAnaZusis: As provided in the staff report, the District has made every attempt to
minimize the negative impacts of the project on the adjacent properties.
(13) Environmental impact. The design of the proposed use minimizes any
adverse impacts that may be created, including impacts on
environmental and natural resources including air, water, storm water
management, wildlife, vegetation, and wetlands.
Sta@ Analusis: Staff has reviewed the proposed development plan and determined that
any adverse impacts on environmental and natural resources have been minimized.
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Select Year: 2005
I I_
The 2005 Florida Statutes
Title XLVlll Chapter 101 3 View Entire Chapter
EDUCATIONAL FACI LIT1 ES K-20 EDUCATION CODE
101 3.33 Coordination of planning with local governing bodies.--
(1) It is the policy of this state to require the coordination of planning between boards and local
governing bodies to ensure that plans for the construction and opening of public educational
facilities are facilitated and coordinated in time and place with plans for residential development,
concurrently with other necessary services. Such planning shall include the integration of the
educational facilities plan and applicable policies and procedures of a board with the local
comprehensive plan and land development regulations of local governments. The planning must
include the consideration of allowing students to attend the school located nearest their homes
when a new housing development is constructed near a county boundary and it is more feasible to
transport the students a short distance to an existing facility in an adjacent county than to
construct a new facility or transport students longer distances in their county of residence. The
planning must also consider the effects of the location of public education facilities, including the
feasibility of keeping central city facilities viable, in order to encourage central city
redevelopment and the efficient use of infrastructure and to discourage uncontrolled urban sprawl.
In addition, all parties to the planning process must consult with state and local road departments
to assist in implementing the Safe Paths to Schools program administered by the Department of
Transportation.
(2)(a) The school board, county, and nonexempt municipalities located within the geographic area
of a school district shall enter into an interlocal agreement that jointly establishes the specific
ways in which the plans and processes of the district school board and the local governments are to
be coordinated. The interlocal agreements shall be submitted to the state land planning agency
and the Office of Educational Facilities and the SMART Schools Clearinghouse in accordance with a
schedule published by the state land planning agency.
(b) The schedule must establish staggered due dates for submission of interlocal agreements that
are executed by both the local government and district school board, commencing on March 1,
2003, and concluding by December 1, 2004, and must set the same date for all governmental
entities within a school district. However, if the county where the school district is located
contains more than 20 municipalities, the state land planning agency may establish staggered due
dates for the submission of interlocal agreements by these municipalities. The schedule must begin
with those areas where both the number of districtwide capital-outlay full-time-equivalent
students equals 80 percent or more of the current year's school capacity and the projected 5-year
student growth rate is 1,000 or greater, or where the projected 5-year student growth rate is 10
percent or greater.
(c) If the student population has declined over the 5-year period preceding the due date for
submittal of an interlocal agreement by the local government and the district school board, the
local government and district school board may petition the state land planning agency for a
waiver of one or more of the requirements of subsection (3). The waiver must be granted if the
procedures called for in subsection (3) are unnecessary because of the school district's declining
school age population, considering the district's 5-year work program prepared pursuant to s.
1013,35. The state land planning agency may modify or revoke the waiver upon a finding that the
conditions upon which the waiver was granted no longer exist. The district school board and local
governments must submit an interlocal agreement within 1 year after notification by the state land
planning agency that the conditions for a waiver no longer exist.
(d) lnterlocal agreements between local governments and district school boards adopted pursuant
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to s. 163.3177 before the effective date of subsections (2)-(9) must be updated and executed
pursuant to the requirements of subsections (2)-(9), if necessary. Amendments to interlocal
agreements adopted pursuant to subsections (2)-(9) must be submitted to the state land planning
agency within 30 days after execution by the parties for review consistent with subsections (3) and
(4). Local governments and the district school board in each school district are encouraged to
adopt a single interlocal agreement in which all join as parties. The state land planning agency
shall assemble and make available model interlocal agreements meeting the requirements of
subsections (2)-(9) and shall notify local governments and, jointly with the Department of
Education, the district school boards of the requirements of subsections (2)-(9), the dates for
compliance, and the sanctions for noncompliance. The state land planning agency shall be
available to informally review proposed interlocal agreements. If the state land planning agency
has not received a proposed interlocal agreement for informal review, the state land planning
agency shall, at least 60 days before the deadline for submission of the executed agreement,
renotify the local government and the district school board of the upcoming deadline and the
potential for sanctions.
(3) At a minimum, the interlocal agreement must address interlocal agreement requirements in s.
163.3180(13)(9), except for exempt local governments as provided in s. 163.3177(12), and must
address the following issues:
(a) A process by which each local government and the district school board agree and base their
plans on consistent projections of the amount, type, and distribution of population growth and
student enrollment. The geographic distribution of jurisdiction-wide growth forecasts is a major
objective of the process.
(b) A process to coordinate and share information relating to existing and planned public school
facilities, including school renovations and closures, and local government plans for development
and redevelopment.
(c) Participation by affected local governments with the district school board in the process of
evaluating potential school closures, significant renovations to existing schools, and new school site
selection before land acquisition. Local governments shall advise the district school board as to the
consistency of the proposed closure, renovation, or new site with the local comprehensive plan,
including appropriate circumstances and criteria under which a district school board may request
an amendment to the comprehensive plan for school siting.
(d) A process for determining the need for and timing of onsite and offsite improvements to
support new construction, proposed expansion , or redevelopment of existing schools. The process
shall address identification of the party or parties responsible for the improvements.
(e) A process for the school board to inform the local government regarding the effect of
comprehensive plan amendments on school capacity. The capacity reporting must be consistent
with laws and rules regarding measurement of school facility capacity and must also identify how
the district school board will meet the public school demand based on the facilities work program
adopted pursuant to s. 1013.35,
(f) Participation of the local governments in the preparation of the annual update to the school
board's 5-year district facilities work program and educational plant survey prepared pursuant to s.
1 Q13.35,
(g) A process for determining where and how joint use of either school board or local government
facilities can be shared for mutual benefit and efficiency.
(h) A procedure for the resolution of disputes between the district school board and local
governments, which may include the dispute resolution processes contained in chapters 164 and
186.
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(i) An oversight process, including an opportunity for public participation, for the implementation
of the interlocal agreement.
(4)(a) The Office of Educational Facilities and SMART Schools Clearinghouse shall submit any
comments or concerns regarding the executed interlocal agreement to the state land planning
agency within 30 days after receipt of the executed interlocal agreement. The state land planning
agency shall review the executed interlocal agreement to determine whether it is consistent with
the requirements of subsection (3), the adopted local government comprehensive plan, and other
requirements of law. Within 60 days after receipt of an executed interlocal agreement, the state
land planning agency shall publish a notice of intent in the Florida Administrative Weekly and shall
post a copy of the notice on the agency's Internet site. The notice of intent must state that the
interlocal agreement is consistent or inconsistent with the requirements of subsection (3) and this
subsection as appropriate.
(b) The state land planning agency's notice is subject to challenge under chapter 120; however, an
affected person, as defined in s. 163,3184(1)(a), has standing to initiate the administrative
proceeding, and this proceeding is the sole means available to challenge the consistency of an
interlocal agreement required by this section with the criteria contained in subsection (3) and this
subsection. In order to have standing, each person must have submitted oral or written comments,
recommendations, or objections to the local government or the school board before the adoption
of the interlocal agreement by the district school board and local government. The district school
board and local governments are parties to any such proceeding. In this proceeding, when the state
land planning agency finds the interlocal agreement to be consistent with the criteria in subsection
(3) and this subsection, the interlocal agreement must be determined to be consistent with
subsection (3) and this subsection if the local government's and school board's determination of
consistency is fairly debatable. When the state land planning agency finds the interlocal agreement
to be inconsistent with the requirements of subsection (3) and this subsection, the local
government's and school board's determination of consistency shall be sustained unless it is shown
by a preponderance of the evidence that the interlocal agreement is inconsistent.
(c) If the state land planning agency enters a final order that finds that the interlocal agreement is
inconsistent with the requirements of subsection (3) or this subsection, the state land planning
agency shall forward it to the Administration Commission, which may impose sanctions against the
local government pursuant to s. 16.3,3184(11) and may impose sanctions against the district school
board by directing the Department of Education to withhold an equivalent amount of funds for
school construction available pursuant to ss. 1013.65, lQELb8, lQlLZ!J, and 101 3.72,
(5) If an executed interlocal agreement is not timely submitted to the state land planning agency
for review, the state land planning agency shall, within 15 working days after the deadline for
submittal, issue to the local government and the district school board a notice to show cause why
sanctions should not be imposed for failure to submit an executed interlocal agreement by the
deadline established by the agency. The agency shall forward the notice and the responses to the
Administration Commission, which may enter a final order citing the failure to comply and imposing - sanctions against the local government and district school board by directing the appropriate
agencies to withhold at least 5 percent of state funds pursuant to s. 163,3184(11) and by directing
the Department of Education to withhold from the district school board at least 5 percent of funds
for school construction available pursuant to ss. 1013,65, 1013.68, 1013.70, and 1013.72.
(6) Any local government transmitting a public school element to implement school concurrency
pursuant to the requirements of s. 163,3180 before the effective date of this section is not
required to amend the element or any interlocal agreement to conform with the provisions of
subsections (2)-(8) if the element is adopted prior to or within 1 year after the effective date of
subsections (2)-(8) and remains in effect.
(7) Except as provided in subsection (8), municipalities meeting the exemption criteria in s.
163,3177(12) are exempt from the requirements of subsections (2), (3), and (4).
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(8) At the time of the evaluation and appraisal report, each exempt municipality shall assess the
extent to which it continues to meet the criteria for exemption under s. 163.3177(12). If the
municipality continues to meet these criteria, the municipality shall continue to be exempt from
the interlocal agreement requirement. Each municipality exempt under s. 153.3177(12) must
comply with the provisions of subsections (2)-(8) within 1 year after the district school board
proposes, in its 5-year district facilities work program, a new school within the municipality's
jurisdiction.
(9) A board and the local governing body must share and coordinate information related to existing
and planned school facilities; proposals for development, redevelopment, or additional
development; and infrastructure required to support the school facilities, concurrent with
proposed development. A school board shall use information produced by the demographic,
revenue, and education estimating conferences pursuant to s. 216.1 36 when preparing the district
educational facilities plan pursuant to s. 1013.35, as modified and agreed to by the local
governments, when provided by interlocal agreement, and the Office of Educational Facilities and
SMART Schools Clearinghouse, in consideration of local governments' population projections, to
ensure that the district educational facilities plan not only reflects enrollment projections but also
considers applicable municipal and county growth and development projections. The projections
must be apportioned geographically with assistance from the local governments using local
government trend data and the school district student enrollment data. A school board is precluded
from siting a new school in a jurisdiction where the school board has failed to provide the annual
educational facilities plan for the prior year required pursuant to s. 1013.35 unless the failure is
corrected.
(10) The location of educational facilities shall be consistent with the comprehensive plan of the
appropriate local governing body developed under part II of chapter 163 and consistent with the
plan's implementing land development regulations.
(1 1) To improve coordination relative to potential educational facility sites, a board shall provide
written notice to the local government that has regulatory authority over the use of the land
consistent with an interlocal agreement entered pursuant to subsections (2)-(8) at least 60 days
prior to acquiring or leasing property that may be used for a new public educational facility. The
local government, upon receipt of this notice, shall notify the board within 45 days if the site
proposed for acquisition or lease is consistent with the land use categories and policies of the local
government's comprehensive plan. This preliminary notice does not constitute the local
government's determination of consistency pursuant to subsection (1 2).
(12) As early in the design phase as feasible and consistent with an interlocal agreement entered
pursuant to subsections (2)-(8), but no Later than 90 days before commencing construction, the
district school board shall in writing request a determination of consistency with the local
government's comprehensive plan. The local governing body that regulates the use of land shall
determine, in writing within 45 days after receiving the necessary information and a school board's
request for a determination, whether a proposed educational facility is consistent with the local
comprehensive plan and consistent with local land development regulations. If the determination is
affirmative, school construction may commence and further local government approvals are not
required, except as provided in this section. Failure of the local governing body to make a
determination in writing within 90 days after a district school board's request for a determination
of consistency shall be considered an approval of the district school board's application. Campus
master plans and development agreements must comply with the provisions of ss. 101 3.30 and
101 3,63,
(13) A local governing body may not deny the site applicant based on adequacy of the site plan as
it relates soiely to the needs of the school. If the site is consistent with the comprehensive plan's
land use policies and categories in which public schools are identified as allowable uses, the local
government may not deny the application but it may impose reasonable development standards
and conditions in accordance with s. 1013,51(1) and consider the site plan and its adequacy as it
relates to environmental concerns, health, safety and welfare, and effects on adjacent property.
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Standards and conditions may not be imposed which conflict with those established in this chapter
or the Florida Building Code, unless mutually agreed and consistent with the interlocal agreement
required by subsections (2)- (8).
(14) This section does not prohibit a local governing body and district school board from agreeing
and establishing an alternative process for reviewing a proposed educational facility and site plan,
and offsite impacts, pursuant to an interlocal agreement adopted in accordance with subsections
(2)- (8).
(1 5) Existing schools shall be considered consistent with the applicable local government
comprehensive plan adopted under part II of chapter 163. If a board submits an application to
expand an existing school site, the local governing body may impose reasonable development
standards and conditions on the expansion only, and in a manner consistent with s. 1013.51 (1).
Standards and conditions may not be imposed which conflict with those established in this chapter
or the Florida Building Code, unless mutually agreed. Local government review or approval is not
required for:
(a) The placement of temporary or portable classroom facilities; or
(b) Proposed renovation or construction on existing school sites, with the exception of
construction that changes the primary use of a facility, includes stadiums, or results in a greater
than 5 percent increase in student capacity, or as mutually agreed upon, pursuant to an interlocal
agreement adopted in accordance with subsections (2)-(8).
History.--s. 23, ch. 2002-296; s. 828, ch. 2002-387; s. 129, ch. 2003-1; s. 18, ch. 2005-290.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright 0 2000-2005 State of Florida. I
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THE SCHOOL DISTRICT OF
PALM BEACH COUNTY, FLORIDA
PLANNING DEPARTMENT
3320 FOREST HILL BLVD (2-110
WEST PALM BEACH, FL 33406-5813
(561) 434-8020 FAX (561) 434-8187
ARTHUR C. JOHNSON, Ph.D
SUPERINTENDENT
April 26,2006
CITY OF PAlM BCH GDNS
MAY 05 2006 Mr. Michael Sanchez
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Growth Management Department
PLANNING & ZONING DIV
RE: Response to DRC Comments for Palm Beach Gardens Area Elementary School (MirasolO3-X):
Dear Mr. Sanchez:
We have received comments from Judy A. T. Dye of LBFH, Inc. and the City of Palm Beach Gardens staff
regarding comments from Monday, April 17,2006, DRC meeting. In accordance with the Florida Statutes Chapter
1013: Educational Facilities, and the Florida Building Code Section 423: State Requirements for Educational
Facilities (SREF), we have provided a written response to all of the comments provided. The responses are in the
same order as outlined in the comments letter. Please note, the revisedplans will be delivered under separate
cover.
Comments from:
The Citv of Palm Beach Gardens - Growth Management Department, Michael J. Sanchez, Planning
Manager
1. Public schools are categorized as conditional use in the Publichtitutional (PA) zoning district. The applicant
shall demonstrate compliance with criteria for major conditional uses outlined in Section 78-52 of the City’s
Land Development Regulations (LDRs).
At the meeting held on April 12,2006 at the City of Palm Beach Gardens complex, it was suggested by City
staffthal the request would be for a Planned Unit Development (PUD) amendment and Conditwnal Use
approval for the Palm Beach Gmdens Area Elementary School (MirasolO3-3.
2. Based on the meeting with applicant on March 12*, if applicant proposes improvements that do not meet City
code, staff recommends a change in application to Planned Unit Development (PUD) including a quest for
waivers. It is important to note that William T. Dwyer High School was approved as a PUD.
Respectfully, as statedprevwmly, the School District does not agree with the City with regard to the
requiredprocess for approval of public schools. The submittal and design requirements are set forth in
the Florida Statutes Chapter 1013: Educational Facilities, and the Florida Building Code Section 423:
State Requirements for Educational Facilities (SREF) have been met.
3. Staff recommends that the applicant meet with the City Forester in order to review the site planting plan to
negotiate landscape improvements.
The School District met with the City Forester on Thursday, April 20, 2006 and reviewed the landscape
plan.
Palm Beach Gardens Area Elementary School
Mirasol(30-X)
Response to DRC Comments 1
4. The applicant shall provide parking information as required by Section 78-345 of the City’s Land
Development Regulation (LDRs) so that is can be determined whether the proposed parking meets Code
requirements.
As discussed in our meeting on April 12, 2006, the District will provide as requested the number of
students, teachers, classrooms, square footage of office as well as SREF and Ed Spec requirements in
the Tabular Data Please be advked, the School District is required to meet the minimum parking
requirements set forth in Section 423.1 0.2.8 (Minimum Parking Requirements) of the Florida Building
Code.
5. The applicant shall reflect building heights on all building elevations.
The District will reflect building heights on all building elevations,
6. The applicant shall provide emergency access to Hood Road.
The District willprovide the emergency access to Hood Road
7. The applicant shall be aware that an eleven by seventeen (1 1 x 17) colored three-dimensional perspective
of the building elevation is required to be submitted prior to a hearing before the Planning, Zoning, and
Appeals Board.
The District will provide a courtesy set of 11x17 renderings as discussed at our April 1Yh meeting.
However, as outlined in State requirements, The District is not subject to architectural review.
8. The applicant shall identify all colors and building materials on the building elevations.
As statedpreviowly, the DWkt as a courtesy will identifv colors and building materials on the elevation.
As outlined in State requirements, The District is not subject to architectural review.
The applicant shall provide a photometric plan for review prior to scheduling this petition for review by the
Planning, Zoning and Appeals Board.
9.
The District submitted a photometric plan for review with the first submittal package. However, the
District will submit an additional photometric plan.
10. The applicant shall address comments re arding consistency with the City’s Comprehensive Plan as
outlined in the attached letter dated April 7 (please see attached letter porn Planning Manager, Michael
Sanchez dated April 7, 2006).
Q
a. Future Land Use Policy 1.17.(d). This policy states that Public / Institutional uses shall be permitted
within all residential Planned Unit Developments (PUD) and Planned community Developments (PCD)
subject to master plan approval. Condition No. 29 of the amended Mirasol Planned Community
Development (PCD) Development Ordinance No. 29 of the amended Mirasol Planned Community
Development Order, Ordinance 18,200 1, requires among other things,
1) perimeter landscaping to be provided around the school site including the east boundary
accordance with Citv reauirements prior to the opening of the school; and
2) the 90-foot parkway, including the pathway, shall be designed and landscaped Inaccordance
with Citv requirements and the District’s review and shall be installed prior to the opening of
the first school. The district has not demonstrated that these requirements will be satisfied as
required per the Mirasol PCD Development Order.
Response to DRC Comments 2 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
On Thursday, April 2dh, District stafs and the City Forester had a lengthy discmsion in
reference to the landscaping of the eastern, western and northern 90-foot parkway and the
overall site in generd The District is submitting a revised landscape plan and is making efforts
to modijjy the landscaping based on the City’s suggestions. However, please be advised that
Landscaping is provided on public school sites in accordance with SREF Sectwn 423.1 0.7 and
Florida Statutes 1013.64(3)(~). F.S. 1013.64(3) (c) states: “District school boards shall provide
landscaping by local funding sources or initidives. District school boards are exempt from local
landscape ordinances but may comply with the local requirements if such compliance is less
costly than compliance with the landscape requirements of the Florida Building Code for public
educational facilities. ”
b. Future Land use Policy 1.1.7.(g). This policy requires adequate parking onsite traffic circulation to
satisfy current and projected site-generated vehicular demand. The district has not provided the
information regarding the amount of office space and the number of classrooms in order for the City to
determine if the parking is adequate according to City standards.
As stated earlier, as discussed in our meeting on April 12, 2006, the District will provide as requested
the number of studen&, teachers, classrooms, square footage of office as well as SREF and Ed Spec
requirements in the Tabular Data Please be advised, the School District is required to meet the
minimum parking requirements set forth in Section 423.10.2.8 (Minimum Parking Requirements) of
the Florida Building Code.
c. Public School Facilities Policy 11.1.4.3. This policy requires the site to be suitable or adaptable in
accordance with applicable water management standards. The district has not provided sufficient
information regarding the proposed water management system in order for the City to determine if the
water management system is suitable or adaptable in accordance with those standards (please see
attached memorandum from LBFH, Inc., dated April 6,2006).
The applicant agrees to supply the City with copies of all outside agency permits, certijiiations and
approvals. Requests for all other permits, certijicatwns and approvals can be made by the City to the
School District Building Department. Please note that both the elementary and middle schools were
approved aspart of Mirasol PUD. Drainage calculatwns included the school site at that time.
d. Public School Facilities Policy 1 1.1.4.6. This policy requires coordination between the District and the
City for the collocation of public facilities as development plans are prepared. The City would like to
retain the opportunity for Mer discussion with the District on this issue.
The District will continue the coordination effort that has been ongoing since the onset of this
project.
11. The applicant shall respond, in writing, to the comments listed above, and submit five (5) copies of all
plans including (1 set signed and sealed) and all associated documents upon resubmittal.
The District is responding in writing and submittingfive ((5) copies of all plans including (I set
signed and sealed) and all associated documents upon resubmittal.
Response to DRC Comments 3 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
Comments from:
Lbfh INC., Consulting Civil Engineers, Survevors & Mappers, Judv A. T. Dye,
1. The applicant shall provide a boundary and topographic survey signed and sealed by a professional surveyor
and mapper registered in the state of Florida per City Land Development Regulation (LDR) Sections 78-46 and
78-80. The boundary and topographic survey shall be consistent with the Site Plan and Site Planting.
The District has submitted a boundary and topographic survey signed and sealed for review with the first
submittal package. However, the District will submit an additional survey.
2. The applicant shall provide a drainage statement signed and sealed by a professional engineer registered in the
state of Florida per City LDR Sections 78-46 and 78-80.
The proposed school site is within the Mirasol PUD which has previously been approved and granted
concurrency by the City. The SFWMD and NPBCID permits are attached for reference. Requests for all
other permits, certifiations and approvals can be made by the City to the School District Building
Department.
3. The applicant shall provide a conceptual engineering plan signed and sealed by a professional engineer
registered in the state of Florida per City LDR Sections 78-46 and 78-80. The conceptual engineering plan
shall be consistent with all plans and surveys and meet all the applicable requirements of City LDR Section 78-
521. The applicant shall, at a minimum, include representations of high and low points and drainage flow
arrows, as well as the location of the proposed storm sewer and surface water management (SWM) system.
The District is providing 100% Construction Documents for your courtesy review.
4. The applicant shall provide the locations of all existing structures consistently on all plans per LDR Section 78-
46.
Please note, there are no misting structures.
5. The applicant shall provide the locations of all proposed signage consistently on all plans per LDR Section 78-
46.
Please reference the signing and striping plan, sheets C I.I - C 1.5 and the pavement marking plan as
provided in the courtesy set.
6. The applicant shall provide appropriate on-site pavement marking and signage (Le. stop signs, stop bars, no
parking signs, loading zone signage, etc.) in accordance with LDR Section 78-46.
Please note, the District agrees to provide.
7. The applicant shall revise the Site Plan to consistently indicate the square footage of Building #1 in both the
Tabular Data and plan view per LDR Section 78-46. The Tabular Data indicates Building #I has an area of
122,114 square feet, while the plan view indicates an area of 126,651 .OO square feet.
Please note, the District agrees to revise for consistency.
8. The applicant shall revise the Site Plan to indicate the square footage of Building #2 in plan view per LDR
Section 78-46. The Tabular Data indicates Building #2 has an area of 4,537 square feet, while the building area
is not indicated in the plan view.
Response to DRC Comments 4 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
Please note, the District agrees to revise for consistency.
9. The applicant shall provide a photometric plan signed and sealed by a professional engineer registered in the
state of Florida per City LDR Section 78-46. The photometric plan shall be consistent with all plans and meet
all applicable requirements of LDR Section 78-378.
Please note, the District submitted a photometric plan for review with the first submittal packagc However,
the Dhtrict will submit an additional photometric plan.
10. The applicant shall indicate the Section, Township and Range consistently on all plans and surveys per LDR
Section 78-46.
Please note, the District agrees to revise for consistency.
11. The applicant shall provide a typical dumpster detail on the Site Plan per LDR Section 78-46. The detail shall
meet the requirements of LDR Section 78-378.
Please note, the District agrees to provide.
12. The applicant shall fully label and dimension all plans consistently per LDR Section 78-46. Required labels
and dimensions include, but are not limited to, building separation, drive aisle widths, curb radii, parking stall
dimensions, sidewalk widths, curb and gutter type and stacking distance fiom public rights-of-way (ROW).
Please note, the District agrees to revise and label.
13. The applicant shall revise the Site Plan to indicate the number of required and proposed bicycle parking spaces
in both the Tabular Data and plan view per LDR Section 78-46. The location, type and number of bicycle
parking spaces shall be shown consistently on all plans and shall meet all the applicable requirements of City
LDR Sections 78-412 through 78-414.
Please note, the District agrees to provide the requested information in the Tabular Data
14. The applicant shall revise the Site Plan to indicate the number of required and proposed loading spaces in both
the Tabular Data and plan view per LDR Section 78-46. The location, type and number of loading spaces shall
be shown consistently on all plans and shall meet all the applicable requirements of City LDR Sections 78-362
through 78-364. The applicant shall also indicate the maneuvering aprons for each loading space in plan view
on all plans.
Please note, the District agrees to provide the requested information in the Tabular Data.
15. The applicant shall revise the maximum height of the proposed buildings to be less than 45 feet or request a
waiver fiom LDR Section 78-142 and 78-144, Table 11.
Please note, the proposed school is located in a PCD. Based on the discussion held at the meting held on
April 12,2006, ai the City of Palm Berich Gardens complex, it is the School District’s understanding that the
height of the tower (49 feet) is acceptable to City staf/:
16. The applicant shall indicate the locations and dimensions of visibility (safe sight) triangles on all plans
consistently per LDR Section 78-3 15.
Please note, the District agrees to revise and label.
Response to DRC Comments 5 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
17. The applicant shall revise the typical parking space detail on the Paving, Grading & Drainage Details to
indicate a standard 10-foot wide by 18.5-foot long parking space or request a waiver from LDR Section 78-
344, Table 32.
As discussed and agreed upon in our April 12“4 meeting, the District is required to meet the minimum
parking requirements set forth in Section 423.1 0.2.8 (Minimum Parking Requiremen&) of the Florida
Building Code (SREF). The Tabular Data Table has been revised to indicate as requested; the number of
students, teachers, classrooms, square footage of omce as well as SREF and Ed Spec requirements in the
Tabular Data. Handicap accessible parking shown complies with ADA requirements set forth in Chapter 11
of the Florida Building Code and Section 31 6.1 955 of the Florida Statutes.
18. The applicant shall add the following note consistently on all plans: “All striping, excluding parking stalls,
shall be installed with thermoplastic materials.” per LDR Section 78-344.
Please note, the note is provided on the Signing & Striping Plan sheets CI.1 through CIS.
19. The applicant shall provide parking calculations consistent with LDR Section 78-345.
As discussed, and agreed upon in our April 12”1 meeting, the District is required to meet the minimum
parking requirements set forth in Section 423.1 0.2.8 (Minimum Parking Requiremen&) of the Florida
Building Code (SREF). The Tabular Data Table has been revised to indicate as requested; the number of
students, teachers, classrooms, square footage of office as well as $REF and Ed Spec requirements in the
Tabular Data.
20. The applicant shall revise the Site Plan to include the square footage of proposed office use and the total
number of classrooms in both the Tabular Data and plan view in order to justify the provided parking
calculation per LDR Section 78-345.
Please note, the District agrees to provide in the Tabular Data.
2 1. The applicant shall indicate consistently on all plans an American’s with Disabilities Act (ADA) handicap
accessible route, including the location and types of curb ramps (CR) throughout the proposed site per
LDR Section 78-371.
Please note, the curb ramps are specified on the Signing & Striping Plan sheets Cl.1 through C1.5.
22. The applicant shall revise the Overall Electrical Site Plan to clearly indicate the location of the proposed
light poles. The location of the light poles shall be consistent between all submitted plans per LDR
Section 78-46.
Please note, the note is provided on the Signing & Striping Plan sheets CIS through CIS.
23. The applicant shall revise the Site Plan to indicate a minimum of seven handicap parking spaces in both
the Tabular Data and plan view per LDR Section 78-37 1.
Please note, handicap accessible parking shown complies with ADA requirements set forth in Chapter 11 of
the Florida Building Code and Section 316.1955 of the Florida Statutes.
24. The applicant shall provide typical roadway and parking cross-sections on the Paving, Grading & Drainage
Details.
Please note, sufficient dimdnsions and grading are shown on the Signing & Striping Plan sheets C1.l
through Cl.5 and the Grading Plan sheets C4.1 through C4.5 for construction of the roadway and parking
areas.
Palm Beach Gardens Area Elementary School
Mirasol(30-X)
Response to DRC Comments 6
25. The applicant shall indicate a minimum 35 psi FBV for all subgrade layers per LDR Section 78-499, Table 41.
Please note that no structural number (SN) credit will be given until a minimum 50 psi FBV is achieved.
Please note, A structural value of 3.06 is provided (Subgrade 12’k0.08=0.96; Base 89’x0.18=1.44; Asphalt
1.5?~0.44=0.66). This exceeds the required structural value for this site.
Non-Certification Issues
NOTE: All engineering/infrastructure plans are considered conceptual during the planning and zoning
review phase and are subject to further review during the final construction review. These non-certification
comments shall be satisfied prior to construction plan approval and the issuance of the first land alteration
permit.
Please be advised that this project has been approved by the School District Building Department. No
permits are required for construction from the City of Palm Beach Gardens.
1. The applicant shall submit construction-level engineering plans and SWM calculations signed and sealed by a
professional engineer registered in the state of Florida for City review and approval.
Please note, the School District does not obtain Building permits from the City. This information is reviewed
and approved through the School District’s Building DepartmenL The District agrees to supply the City with
copies of all outside agency permits, certifications and approvals. Requests for all other permits,
certiifications and approvals can be made by the City to the School District Building DepartmenL
2. The applicant shall provide hydraulic pipe calculations and exfiltration trench calculations, if applicable, signed
and sealed by a professional engineer registered in the state of Florida for City review and approval.
Please note, the School District does not obtain Building permits from the City. This information is reviewed
and approved through the School District’s Building Department. The District agrees to supply the City with
copies of all ouiside agency permits, certiifications and approvals. Requests for all other permits,
certifications and approvals can be made by the City to the School District Building Department.
3. Prior to construction plan approval and the issuance of the first land alteration permit the applicant shall
provide a cost estimate for the project, including public infrastructure and all landscaping and irrigation costs
for review and approval by the City in order to establish surety. The cost estimate shall be signed and sealed by
an engineer and landscape architect registered in the state of Florida. Surety will be based on 110% of the total
combined approved cost estimates and shall be posted with the City, prior to the issuance of the first building
permit in accordance with LDR Section 78-309 and 78-46 1.
Please note, the School District does not obtain Building permits from the City and is not required to disclose
this in formation
4. Prior to construction plan approval and the issuance of the first land alteration permit the applicant shall
provide a cost estimate for the on-site project improvements, not including public infrastructure, or landscaping
and irrigation costs for review and approval by the City. The cost estimate shall be signed and sealed by an
engineer registered in the state of Florida and shall be posted with the City prior to the issuance of the first land
alteration permit.
Please note, the School District does not obtain Building permits from the City and is not required to disclose
this in formation.
5. The applicant shall provide SN calculations for the proposed asphalt pavement in accordance with LDR Section
78-499, Table 41. The applicant shall provide a table indicating the layer, materials, LBR/FBV, material
Response to DRC Comments 7 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
thickness, FDOT layer coefficient; the SN for the pavement section, base section, and subgrade section; and the
total SN for the total pavement section and the required SN in accordance with the FDOT Flexible Design
Manual.
Pavement Section Table
Material FDOT Layer SN LBR I
FBV Thickness Coefficient Layer Material
Please note, the School District does not obtain Building permits from the City. This information is reviewed
and approved through the School District’s Building Department. The District agrees to supply the City with
copies of all outside agency permits, certijications and approvals. Request3 for all other permits,
certifications and approvals can be made by the City to the School District Building Department.
Conditions of Approval
1. “Applicant shall copy to the City all permit applications, permits, certifications and approvals.” (City Engineer)
Please note, the NPDES, NPBCID, and SFWMD permits are attached for your files. The PBC Health
Department permits for water and sewer will be submitted under separate cover once it is received The
applicant agrees to supply the City with copies of all outside agency permits, certifications and approvals.
Requests for all other permits, certijications and approvals can be made by ihe City to the School District
Building Department. Therefore, this condirion needs to be revised
2. “Applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer.”
(City Engineer)
Please note, the District will provide construction zone signage and fencing in accordance with the Florida
Building Code (SREF). The contractor will provide this information to the City Engineer prior to
construction. Therefore, this condition needs to be revised
3. “Prior to construction plan approval and the issuance of the fHst land alteration permit, applicant shall provide
cost estimates in accordance with LDR Section 78-309 and 78-461 and for on-site project improvements,
including public infrastructure, or landscaping and irrigation costs for review and approval by the City. The
cost estimates shall be signed and sealed by an engineer and landscape architect registered in the state of
Florida and shall be posted with the City, prior to the issuance of the fust land alteration permit. (City
Engineer)
Please note, the School District is not required to provide surety to the City for the proposed improvements.
Therefore, construction cost estimates are not required Therefore, we request that this condition be
removed
Response to DRC Comments 8 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
4. “The construction, operation and/or maintenance of any elements of the subject project shall not have any
negative impacts on the existing drainage of surrounding areas. If, at any time during the project development,
it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts
caused by the project, it shall be the applicant’s responsibility to cure said impacts in a period of time and a
manner acceptable to the City prior to additional construction activities.” (City Engineer)
Please note, the project site is within the Master Mirasol PUD which was reviewed and approved by the City.
All drainage issues were addressed with this original application. The land use breakdown and site grading
for the school site is in accordance with the drainage requirements of the Master PUD, as is shown in the
attached SWD and NPBCID permits. All stormwater attenuation and water quality treatment is being
provided by the master stormwater system for the Mirasol developmenl, The School District is not willing to
accept the responsibility/risk for this master system Therefore, we request that this condition be removed
5. “Prior to issuance of the first land alteration permit, applicant shall submit signedsealeddated construction
plans (paving/grading/drainage and waterhewer) and all pertinent calculations for review and comment”. (City
Engineer)
Please note, the School District does not obtain Building permits from the City, This information is reviewed
and approved through the School District’s Building Department. The District agrees to supply the City
with copies of all outside agency permits, certifications and approvals. Requests for all other permits,
certijications and approvals can be made by the City to the School District Building Department. Therefore,
this condition needs to be removed
6. “Prior to construction plan approval and the issuance of the first land alteration permit, applicant shall schedule
a pre-permit meeting with City staff.” (City Engineer)
Please note, construction Plan approvaf pre-permit meeting is not required for this School District project.
Therefore, we request that this condition be removed
7. “The applicant shall provide a letter of authorization from the utility easement owners authorizing
encroachment of the landscape buffers within their respective utility easements.” (City Engineer)
Please note, the District is not encroaching on any utility easements all location of fencing has been
approved by Seacoast Utilities Authority. Based on revisions requested by the City Forester in our April 20,
2006, meeting, he has agreed to coordinate with Taylor Woodrow in reference to the 2’-3’feet on the
western landscape buffer. The District is willing to comply with his request in reference to the landscaping
of the buffer contingent upon Taylor Woodrow’s approval. Therefore, we request that this condition be
removed
8. “The Applicant shall comply with any and all Palm Beach County Traffic Division conditions as outlined in
PBC Traffic Division equivalency and concurrency approval letters.” (City Engineer)
Please note, the project site received PBC Traffic Divbion equivalency and concurrency approval within the
Master Mirasol PUD which was reviewed and approved by the City. Therefore, this condition needs to be
removed
Response to DRC Comments 9 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
Comments from:
The Citv of Palm Beach Gardens Fire Rescue Department
1. Two areas of the front parking lot need to be revised to provide Fire Rescue with a minimum of a 20’inside
radius and a minimum of a 45’ outside radius for access.
Please note, the District agrees to revise to meet the minimum a 2O’inside radius and a minimum of a 45’
outside radius for access.
Comments from:
Seacoast Utility Authoritv
1. The applicant needs to revise the site plan to clearly depict the existing SUA and FPL easements and to correct
the labels on all easements.
Please note, the plan has been revised
2. The applicant needs to correct the width dimension on the 90’ wide buffer easement on the site plan.
Please note, the plan has been revised
3. The applicant needs to revise the site plan and landscape plans to show the buffer tract retained by Taylor
Woodrow along the east side of the school property.
Please note, the plan has been revised to show that the 20 foot easement will be maintained by the DistricL
Comments from:
The Citv of Palm Beach Gardens Officer Jules Barone
1.
2.
3.
4.
Lighting locations shall not conflict with landscaping (to include long-term tree canopy growth),
Please be dived that all site lighting is designed to meet the lighting requirements set forth in SREF
Sections 423.10.3, 423.10.3.5,423.10.3.6 and 423.10.3.7.
Metal Halide shall be used for all street and pedestrian walkways.
Please be advised that all site lighting is designed to meet the lighting requirements set forth in SREF
Sections 423.10.3, 423.10.3.5, 423.10.3.6 and 423.10.3.7.
Lighting on buildings shall be around perimeter of all sides and on pedestrian walkway surrounding the
buildings.
Please be advised that all site lighting is designed to meet the lighting requirements set forth in SREF
Sections 423.10.3, 423.10.3.5,423.10.3.6 and 423.10.3.7.
Lighting photometrics shall be done according to lighting code with landscaping already in place.
Response to DRC Comments 10 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
Please be advised that all site lighting is designed to meet the lighting requirements set forth in SREF
Sections 423.10.3, 423.10.3.5, 423.10.3.6 and 423.10.3.7.
5. Numerical address: *Shall be illuminated for nighttime visibility. *Shall have bi-directional visibility from the
roadway. *Shall be 12: in size using Arabic numerals placed in an unobstructed and conspicuous location.
Please be advised, the school address and signage has bi-directional visibility from adjacent roadway and the
numerical address is illuminated for nighttime viiibilify. Please note, this information is reviewed and
approved through the School District’s Building Department in accordance with Florida Building Code
(SREF).
6. Bicycle racks shall be placed in close proximity to the buildings.
Please note, the existing location can be viewed from administration and is placed as such based on Crime
Prevention Through Environmental Design (CPTED).
7. Metal halide lighting shall be provided for recreational areas in the event any night time use is intended. This
includes tennis facilities, footballlsoccer, softball fields and basketball courts.
Please note, lighting is notprovided for the outdoor recreational areas of apublic elementary school.
8. Landscaping should not obstruct view from windows or walkways.
Please note, landscaping will not be placed in areas which would cause obstruction of view to windows or
walkways.
9. Target harden building: pre-wiring for alarm system, electronic access control, restricted key control system,
double cylinder locks on classroom doors, vandal resistant lever locks, etc. Restrict access to all entry points
and direct visitors to main vestibule entry via appropriate signage.
Please note, the overall site and all buildings have been designed to prevent unauthorized access to all areas
of the school. The interior of the schools are designed per Educational Specification requirements.
10. Doors: *Entry doors should open outward versus inward. *All exterior doors shall be equipped with security
hinges. *All strike areas of perimeter doors shall be equipped with reinforced, case hardened strike plate.
*Glass perimeter doors should be equipped with case hardened guard rings to protect the mortise lock cylinder.
Please note, all entry doors open outward
11. All restrooms should be placed near administrative offices or in highly conspicuous locations for constant
monitoring.
Please note, this school is a re-use prototype. Please see the overallplan setprovided as apart of this DRC
comments response for the locations of all restrooms.
12. Secured barriers should be provided to prevent unauthorized [entry] to school grounds, school or restricted area.
Please note, the overall site and all buildings have been designed to prevent unauthorized access to all areas
of the school.
13. Stairwells and corridors (hallways) should provide open views.
Response to DRC Comments 11 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
Please note, the interior of the schools are designed per Educalional Specification requirements. The
District can not disclose specijk information due to security reasons.
14. Dumpster enclosure should be constructed as to allow natural surveillance through the enclosure.
Please note, the dumpster will only have visibility through the gates located on the front of the enclosure.
15. All buildings to depict their building number with complete and unobstructed visibility.
Please note, any external building signage will be located to have clear visibility.
16. Provide legends throughout the facility to ease assistant with locating different areas.
Please note, Signage will be provided as required by the Florida Building Code (SREFJ and the National
Fire Protection Association.
17. Provide controlled access for inner perimeter road leading to the sports complex area.
Please note, access will be controlled through the use of lockable gates.
18. Portables on side shall have minimum 6” Arabic numerical located in a conspicuous location and illuminated
for night time use.
Not applicable. Please note, there are no portables located on the site.
19. Service Yard /loading area doors shall be illuminated with photo cell lighting. Doors shall be alarmed.
Please note, loading doors are provided with alarms. Please be advised that all site lighting is designed to
meet the lighting requirements set forth in SREF Sections 423.10.3,423.10.3.5,423.10.3.6 and 423.1 0.3.7.
20. Classroom doors should not be recessed, but mounted flush with the hallways -to force students to walk in the
center of the hallway, allow teachers to be visible for hall way monitoring, and help in eliminating students
from leaning against or placing feet on the walls.
Please note, the interior of the schools are designed per Educational Specifleation requirements. The
District can not disclose specific information due to security reasons.
2 1, All class room entry and exit doors should have a widow or peephole viewer to identify visitors and to detect
non-approved users.
Please note, the interior of the schools are designed per Educational Specification requirements. The
District can not disclose specipc information due to security reasons.
22. All class room entry and exit doors should have a window or peephole viewer to identify visitors and to detect
non-approved users.
Please note, the interior of the schools are designed per Educational Specification requirements. The
District can not disclose specific information due to security reasons.
Response to DRC Comments 12 Palm Beach Gardens Area Elementary School
Mirasol (30-X)
Comments from:
The Citv of Palm Beach Gardens Police Department, Lieutenant Spencer
1. The site plan does not include traffic calming on Ibiza Drive.
Please note site plan revisions.
2. The centralized crosswalk should be a raised walkway. Having a raised crosswalk allows calming measures.
Please note site plan revision.
3. The crosswalk should be extended across the drive aisle of the south parking lot into the centralized walkway
across both parking lots.
Please note this item was reviewed and due to drainage and cost impacts, the district will not be able to revisc
4. The landscape median that runs parallel to the student drop owpick up area needs to be planted in such a way to
create a solid vegetative hedge wall. Doing so will make it restrictive and impractical for pedestrian traffic to
use the landscape median as a shortcut pathway-encouraging persons’ to traverse on the centralized walkway.
To maintain driver site line visibility the hedge should always be maintained at a maximum height of 24”.
Please note site plan revision.
Comments from:
The Citv of Palm Beach Gardens City, Forester Mark Hendrickson
Please be advised that Landscaping is provided on public school sites in accordance with SREF Section
423.1 0.7 and Florida Statutes 1013.64(3)(~). F.S. I013.64(3) (c) states: ”District school boards shall provide
landscaping by local funding sources or initiatives. District school boards are exempt from local landscape
ordinances but may comply with the local requirements if such compliance is less costly than compliance
with the landscape requirements of the Florida Building Code for public educational facilities ”.
1. The western buffer is not adequate to screen the residential community from the school. Please install the
amount of landscaping that is being proposed with the high school’s northern buffer at a minimum along the
western buffer of the elementary school.
The landscape plan has been revised based on recommendations provided by the City Forester at our
meeting on April 20,2006, at the City complex Please note revisions on the landscape plan.
2. I recommend that you do not use Laurel Oaks to save maintenance cost.
The lanakcape plan has been revised based on recommendations provided by the City Forester at our
meeting on April 20,2006, at the City complex Please note revisions on the landscape plan.
3. The proposed Oak trees in the long narrow median of the bus loop should be located along the north side of the
staff parking area in the 90’ wide parkway buffer for the best function of the tree as a buffer. This would save
on pruning costs in the long run as the tree grows into the loop road and parking area. Suggest the median be
planted with small accent palms.
Response to DRC Comments 13 Palm Beach Gardens Area Elementary School
Mirasol(30-X)
~
4.
5.
6.
7.
8.
Please note, due to the Florida Building Codes (SREF) shade cover requirements, small accent palms will
not be sufficienl Oak trees will be planted to satisjj the requiremenL However, the district will use Live
Oaks instead of Laurel Oaks at the suggestion of the City Forester.
CPTED would require you to fence off the western buffer and eastern buffer area.
Please note, based on the discussion at the April 2~h meeting at the City the fencing will be designed as
agreed upon by both the District and the City Forester.
Timber Trace Elementary and Watkins Middle School share a bus loop. Can this be done here to better use the
land area and save resources?
Please note this is not a viable option based on the best possible land use for this site.
Recommend no cell towers. How tall is the I.T.V. tower?
Please note, no cell towers will be located on this site. The I. T. V. tower is I OOfl
Wheel stops are tripping hazards. Recommend using a grassed divider and curbing. This is [a] less pervious
area and [requires] less maintenance.
Please note this alternative was reviewed, due to budget constraints it is not feasible.
The site road needs [an] irrigation plan.
Please see irrigation plan.
With this response package, we believe we ..we adequately addressed all applicable comments provided by the
City of Palm Beach Gardens Development Review Committee. We look forward to receiving the City’s approval
and introducing the project to the City Council.
If you have any questions, please do not hesitate to contact me.
Tonya Ab1
Senior Planner
Enc.
Cc: Kristin Garrison, AICP Planning Director, SDPBC
Angela Usher, AICP, Intergovernmental Relations Manager, SDPBC
Glen Armbruster, Senior Project Administrator, SDPBC
Blair Littlejohn 111, Senior Council, SDPBC
14 Response to DRC Comments Palm Beach Gardens Area Elementary School
Miri~ol(30-X)
Date Prepared: June 7,2006
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RESOLUTION 67,2006
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER SITE
PLAN FOR THE MIRASOL ELEMENTARY SCHOOL TO ALLOW
ELEMENTARY SCHOOL ON THE MIRASOL PLANNED
COMMUNITY DEVELOPMENT (PCD) SCHOOL SITE, GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF HOOD ROAD AND
THE FLORIDA TURNPIKE, AS MORE PARTICULARLY
DESCRIBED HEREIN; GRANTING CONDITIONAL USE
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
THE CONSTRUCTION OF A 127,448 SQUARE-FOOT
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 has received a request by the School District of Palm Beach
County for approval of a Master Site Plan and Conditional Use to allow the construction
of a two (2) story, 127,448 square-foot elementary school on the 18.29-acre elementary
school site within the Mirasol Planned Community Development (PCD), as more
particularly described herein, generally located on the south side of Hood Road
immediately west of the Florida Turnpike; and
WHEREAS, the subject site has a Planned Community District Overlay (PCD)
zoning designation and has a land-use designation of Residential Low (RL); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its June 13, 2006, meeting and recommended its 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 determined that adoption of this Resolution is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: June 7, 2006
Resolution 67,2006
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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 Master Development Plan and Conditional Use for the Mirasol
Elementary School are hereby APPROVED on the following described real property to
permit the development a 127,448 square foot elementary school on 18.29 acres of the
Mirasol Planned Community Development (PCD) school site located on the south side
of Hood Road immediately west of the Florida Turnpike:
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PORTION OF TRACT “Y” MIRASOL PLAT ONE,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 89, PAGE(S) 14
THROUGH 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT “Y,” THENCE RUN
ALONG THE EASTERLY, NORTHERLY, AND WESTERLY LINES OF TRACT “Y THE
FOLLOWING COURSES: NO1 “34’51”E A DISTANCE OF 1422.99 FEET; THENCE
N89’03’06”W A DISTANCE OF 409.83 FEET; THENCE N83’26’50”W A DISTANCE OF
502.15 FEET; THENCE N89”19’03”W A DISTANCE OF 161.10 FEET; THENCE
SOO”41’19’W A DISTANCE OF 706.74 FEET; THENCE LEAVING SAID WESTERLY
LINE OF TRACT “Y, S88’04’38”E A DISTANCE OF 354.35 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A
RADIUS OF 255.16 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 61”00’03” A DISTANCE OF 271.66 FEET TO THE
THENCE SOI”55’27”W A DISTANCE OF 505.54 FEET; THENCE N88’04’38’W A
DISTANCE OF 23.30 FEET; THENCE SOI”55’22’W A DISTANCE OF 65.76 FEET;
THENCE S88’25’03”E A DISTANCE OF 76.40 FEET TO THE POINT OF BEGINNING.
POINT OF NON-TANGENCY; THENCE S88’06’04”E A DISTANCE OF 386.42 FEET;
CONTAINING 18.29 ACRES, MORE OR LESS.
SECTION 3. The Mirasol Elementary School shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. Site Plan: Sheet A-100, prepared by Zyscovich, and received and
stamped by the City on May 25,2006.
2. Landscape Plan: Sheet L1.0, prepared by Zyscovich, and received and
stamped by the City on May 25,2006.
3. Building Elevations: Sheets A-501 through A-504, prepared by Zyscovich,
and received and stamped by the City on May 25,2006.
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Date Prepared: June 7,2006
Resolution 67,2006
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4. Color Elevations: Received and stamped by the City on May 25,2006.
SECTION 4. This approval shall be consistent with all representations made by
the Applicant or Applicant’s agents at any workshop or public hearing.
SECTION 5. 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 SU FFl Cl ENCY
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 ---
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 1,2006
Meeting Date: July 6,2005
Ordinance 16,2006 / LDRA-06-05-000003
SubjectlAgenda Item:
Ordinance 16, 2006/Petition LDRA-06-05-000003: Amendment to the Land Development
Regulations Relating to Public Notice Requirements
First Reading: A City-initiated request to amend the Palm Beach Gardens Land Development
Regulations relating to the public notice requirements for development applications.
[XI Recommendation to APPROVE
1 Recommendation to DENY
Originating Dept.: Reviewed by: I
City Attorney
Development
Compliance-N/A
Bahareh Keshavarz-Wolfs,
AlCP
Administrator
Growth Manahement:
Manager Project &
Kara Irwin
Planning Manager
Action:
[ ] Quasi-judicial
[XI Legislative
[XI Public Hearing
Advertised:
Date: N/A
Paper: Palm Beach Post
[ 3 Required
[ ] Not Required
J Affected Parties:
[ ] Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other-
Budget Acct.#:
NIA
PZAB Action:
] Approved
App. w/ conditions
Denied
Rec. approval
Rec. app. w/ conds.
Rec. Denial : ] Continued to:-
Attachments:
Ordinance 16,2006
Date Prepared: June 1,2006
Meeting Date: July 6,2006
Ordinance 16,2006
Page 2 of 11
BACKGROUND
Currently, the Land Development Regulations have specific public notice requirements for public
hearings depending upon the type of development application submitted for development approval,
amendment, or legislative action associated with any given subject site within the boundaries of the
City. The amendment is proposed to provide for changes to the existing public notice requirements
that are consistent with the notice requirements of the City’s Charter, consistent with Florida
Statutes, and provide for the differences between city-initiated and not city-initiated items.
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
Currently, the following amendments are proposed to the City’s public notice requirements:
See. 78-54. Public notice.
(a) Public notice, including mail notice, posting of property, and
newspaper advertising, shall be provided as required below and consistent with the city
charter-d ir, TaIAe-4 . In the event of a conflict between &e *Table 4 and the
text, the requirements of the text shall prevail.
Public notice.
..
[The remainder of this page intentionally left blank]
Date Prepared: June 1,2006
Meeting Date: July 6,2006
Ordinance 16,2006
Page 3 of 11
Table 4: Required Public Notice
I
Planning, Zoning, and Appeals Board/
LPA- City Council
News- vlail( 1) Post( 1) paper( 1 ) Action ews- paper( 1) 'ost( 1) Mail( 1)
10 Days
10 Days
Rezoning:
City-initiated;<lO Acres 10 Days 5 Days
Rezoning:
3ty-initiated; 10 or > Acres
1 Days B&m 5 Days State Law. Days
Rezoning:
Not City-initiated
14 Da s Prior to Ordinance
Ado tion. e4_ Days 10 Days 5 Days 10 Days
~
LDR Text Change:
Permitted, Conditional, or
Prohibited Uses
None 10 Days None
State Law.
~ ~~
LDR Text Change:
Vot Permitted, Conditional,
or Prohibited Uses
None None l@ Days Prior to
Ordinance Adoption 10 Days None None
Major Conditional Use 10 Days 5 Days 10 Days
15 days Minor Conditional Use -- I I -- 15 Days
Hf.3
_-
Variance 10 Days 10 Days 15 Days
Comp Plan:
Land Use Map Change for
the creation of an Overlay
(City-initiated)
Como Plan:
Large-scale Land Use Map
Change (City-initiated)
,s Required bl
State Law.
14 Days Prior to Ordinance
14 Days Adoption & as Required by 15 Day
State Law.
14 Days Prior to Ordinance
e4_ Days Adoption & as Required by
State Law.
105
Days
LS Required b
State Law. L5 Day
15 Day:
10 Days
Comp Plan:
Large-scale Land Use Map
Change (Not Cih-initiated)
10 Days 10 Days
Comp Plan:
Text Change Affecting
Permitted Uses
None 10 Days None
None
State Law.
Comp Plan:
Text Change Not Affecting
Permitted Uses
None 10 Days
State Law.
Date Prepared: June 1,2006
Meeting Date: July 6,2006
Ordinance 16,2006
Page 4 of 11
Small Scale Land Use Map
Change (City-initiated) 1 10Days 1 10Days
Small Scale Land Use Map
Change (Not City-initiated) 10 Days 10 Days
Votes:
15 Days le4_ Days
(1)
(2)
Number of calendar days prior to date of public hearing. 9 . 30-day mail notice to owner of
property proposed to be rezoned or undergo land use map change.
(2) ThT
@-+-.
(53) Public notice for development review committee meetings requiregposting at the city hall complex only.
(b) Mail notice. Required &€mail notice of all future land use map amendments, rezoning
ordinances, conditional use, and variance $applications shall be provided
as indicated below.
(1) Contents. Unless otherwise provided herein, mail notice of a public hearing
shall contain the following information:
a. The title and substance of the proposed ordinance or development order;
b. The time, date, and location of the public hearing for the planning, zoning,
and appeals board;
c. The time, date, and location of the public hearing for the city council;
d. The location of the property affected by the application with reference to
the nearest intersection of two or more streets;
e. The name, address, and telephone number of the office where additional
information can be obtained;
f. The times and place where the proposed ordinance or development order
application may be inspected by the public;
g. A notice that interested parties may appear at the meeting or public hearing
and be heard with respect to the proposed ordinance or development order
application; and
h. An area map, indicating location of the affected property, may be provided.
(2) Class of mail.
Date Prepared: June 1,2006
Meeting Date: July 6, 2006
Ordinance 16,2006
Page 5 of 11
a. Planning, zoning, and appeals board. Mail notice shall be provided by first-
class mail, unless otherwise directed by the growth management director.
b. City council. Mail notice for privately-initiated applications shall be
provided by certified mail, with return receipt requested or as proposed by
the applicant to provide comparable verification of delivery and as
approved by the growth management director. Mail notice for City-
initiated development applications shall be provided by first-class mail.
Postmark. Mail notice shall be postmarked no later than the minimum
number of calendar days as required in Table 4 or as otherwise required by
Sections 163.3 184 and 166.041, Florida Statutes, as amended.
Property owners notified. Mail notice for privately-initiated applications shall
be provided to all property owners, excluding property owned by the applicant,
within 500 feet of the site affected by the development order application.
Property owners list. The list of property owners shall be derived from the
most recent official tax roll of Palm Beach County. The applicant shall provide
an affidavit attesting to the completeness and accuracy of the property owner's
list.
Costs. The applicant shall provide postage, envelopes, and one (1) set of
mailing labels appropriate to the type of mail service utilized. In the event
additional mail notice is required, the applicant shall be responsible for postage,
envelopes, and mailing labels.
Procedure. The applicant shall provide and mail all required notices, and
provide an affidavit that notice was sent to all property owners included in the
property owner's list. If a return receipt requested is utilized, the petition or
application number shall be indicated on the receipt.
(8) Malor conditional use applications shall require the same mail notice
requirements as a not City-initiated rezoninp application. Minor conditional
use applicants shall provide notice as in this paragraph (b), except that mailed
notice shall be mailed or hand-delivered at least 15 days before the scheduled
development review committee meeting. Variance applicants shall provide
notice for the planning, zoning, and appeals board only. as described in this
paragraph (b).
(c) Posting ofproperty. Property affected by a future land use map amendment, rezoning
ordinance, conditional use, and variance -applications shall be posted as
provided below, if required.
Date Prepared: June 1,2006
Meeting Date: July 6,2006
Ordinance 16,2006
Page 6 of 11
(1) Signs. Signs shall be provided by the applicant, subject to criteria for size,
contents, and visibility approval by the growth management department.
(2) Posting. Property shall be posted by the applicant.
(3) Installation. Signs shall be posted in a workmanlike manner, able to withstand
normal weather events.
(4) Minimum posting requirements. Privately-initiated applications require that
&t least one sign shd-l-be posted per 500 lineal feet of all property located
along a public right-of-way, with a minimum of one signs per frontage, or as
otherwise required by the growth management director. In the event of unique
circumstances affecting a property, additional signs shall be posted as required
by the growth management director. City-initiated applications require that one
sign be posted per fiontage along a public right-of-way, except that City-
initiated land use map changes for the creation of an overlay shall not require
posting for the city council hearings.
(5) Deadline. Signs, if required, shall be posted at least 15 days prior to a public
hearing.
(6) Affidavit. An affidavit, including photographs, attesting to the date of
installation and number of signs installed shall be provided at least five days
prior to the required public hearing.
(7) Maior conditional uses and variances shall be required to provide postinp for
the property consistent with the requirements described in this paragraph (c) 15
days prior to the public hearing. Minor conditional uses shall require only the
posting of a notice at the city hall complex 15 days prior to the development
review committee meeting
(d) Minimum newspaper advertising requirements. Newspaper advertising of public
hearings to consider all comprehensive plan text amendments, future land use map
amendments, rezoning ordinances, major conditional uses, and variance
applications shall be provided as indicated below.
(1) Newspaper type. The advertising shall be published in a newspaper of general
paid circulation, and of general interest and readership in the jurisdiction. The
advertisement shall appear in a newspaper published at least five times per
week.
(2) Costs. The applicant shall be charged a fee to defiay all costs associated with
advertising for a public hearing to consider ordinances or development order
applications.
Date Prepared: June 1,2006
Meeting Date: July 6,2006
Ordinance 16,2006
Page 7 of 11
(3) Publication. The advertisement for the public hearings shall appear no later
than the minimum number of calendar days as required in Table 4, the city
charter, or as required by the appropriate chapter of Florida Statutes-
aiBeid&.
(4) Comprehensive plan larye scale land use map and permitted use text changes.
The notice of public hearings to consider an amendment to the future land use
plan map or to comprehensive plan text changes which amend permitted,
conditional, or prohibited uses within a future land use plan category shall be
published as required by Section 163.3 184, Florida Statutes, as amended, and
as by Table 4.
(5) Comprehensive plan text change not affecting permitted uses. The notice of
public hearings to consider an amendment to the text of the comprehensive plan
which do not amend permitted, conditional, or prohibited uses
within a future land use plan category-shall be provided as required by E%
Section 163.3 184, Florida Statutes, as amended, and by Table 4. The notice
shall include the following information:
a. The title of the proposed ordinance;
b. The time, date, and location of the public hearing for the local planning
agency;
c. The time, date, and location of the public hearing for the city council;
d. The name, address, and telephone number of the office where additional
information can be obtained;
e. The time and place where the proposed ordinance may be inspected by the
public; and
f. A notice that interested parties may appear at the meeting or public hearing
and be heard with respect to the proposed ordinance.
(6) Comprehensive plan small scale land use map
amendments. The notice of public hearings to consider a small scale land use
pkm mapamendment shall be provided as required by Table 4, or as required
by the applicable provisions of %Sections 4.&M444163.3 187 and 166.041,
Florida Statutes, as amended. The notice shall include the following
information:
a. The title of the proposed ordinance;
b. The time, date, and location of the public hearing for the local planning
Date Prepared: June 1,2006
Meeting Date: July 6, 2006
Ordinance 16,2006
Page 8 of 11
agency:
c. The time, date, and location of the public hearing for the city council;
d. The location of the property affected by the application with reference to
the nearest intersection of two or more streets;
e. The name, address, and telephone number of the office where additional
information can be obtained;
f. The times and place where the proposed ordinance or development order
application may be inspected by the public;
g. A notice that interested parties may appear &the meeting or public hearing
and be heard with respect to the proposed ordinance or development order
application; and
h. An area map, indicating location of the affected property, may be provided.
(7) Rezoning greater than ten acres and text changes affecting permitted uses. The
notice of public hearings to consider rezoning ordinances affecting property of
more than ten acres or to consider proposed ordinances which change the actual
list ofpermitted, conditional, or prohibited uses within a zoning category shall
be published as provided in Table 4, or as required by %%Section 166.041,
Florida Statutes, as amended.
.. (8) Rezoning less than ten acres; , and text
amendments not affecting permitted uses. The notice of public hearings to
consider rezoning ordinances affecting less than ten acres,-
and land development regulation amendments which do not
affect permitted, conditional, or prohibited uses shall be provided as required in
%Section 166.041, Florida Statutes. as amended, or Table 4. The notice
shall include the following information, as applicable: the title and substance of
the ordinance or other type of development order, including, as applicable, the
type of development order application, the type of principal uses proposed, the
number of dwelling units, the type of dwelling units, or the nature of the land
development regulation amendment?:
..
a. The time, date, and location of the public hearing for the planning, zoning,
and appeals board;
b. The time, date, and location of the public hearing for the city council;
c. The location of the property affected by the application with reference to
the nearest intersection of two or more streets;
Date Prepared: June 1,2006
Meeting Date: July 6,2006
Ordinance 16,2006
Page 9 of 11
d. The name, address, and telephone number of the office where additional
information can be obtained;
e. The times and place where the proposed ordinance or development order
application may be inspected by the public;
f. A notice that interested parties may appear athe meeting or public hearing
and be heard with respect to the proposed ordinance or development order
application; and
g. An area map, indicating location of the affected property, may be provided.
(9) Land development regulation2 text change affecting permitted uses. The notice
of public hearings to consider land development regulations text changes
affecting permitted, conditional, or permitted uses within a zoning category
shall be published as provided in Table 4, or as required by MkSection
166.041, Florida Statutes, as amended.
{lo) Major conditional uses and variances. The notice shall be published as
provided in Table 4 and include the following information, as applicable:
a. The time, date, and location of the public hearing;
b. The location of the property affected by the application with reference to
the nearest intersection of two or more streets;
c. The name, address, and telephone number of the office where additional
information can be obtained;
d. The times and place where the proposed application may be inspected by
the public;
e. A notice that interested parties may appear at the meeting or public hearing
and be heard with respect to the proposed development order application;
f. An area map, indicatinp location of the affected property, may be provided.
(e) Failure to provide notice. Failure to comply with the minimum number of days of
required newspaper advertising notice, mail notice, or posting of property shall result in an
automatic postponement of the application. The body holding the hearing shall schedule and
announce at the originally scheduled public hearing the time, date, and location for the
Date Prepared: June 1,2006
Meeting Date: July 6, 2006
Ordinance 16,2006
Page 10 of 11
postponed public hearing. The body holding the hearing, or growth management department
staff, may require additional newspaper advertising, mail notice, or posting of property for a
rescheduled public hearing. The applicant shall be required to defray all of the costs
associated with additional newspaper advertisement, mail notice, or posting of property for
rescheduled public hearings.
(0 If the public hearing for a rezoning ordinance or
development order application is postponed more than once, or is &postponed to a specific
time, date, and location, or is otherwise postponed such that the original public notice is no
longer applicable, the growth management department staff may require additional public
notice via newspaper advertising, mail, or posting of property. Such additional public notice
shall be at the expense of the applicant.
Effect ofpostponements.
Discussion
In the City’s Land Development Regulations, Section 78-54, entitled Public notice, provides for the
requirements for public notice via mail, property posting and newspaper advertisement. The
regulations are to ensure the compliance with Florida Statutes public notice requirements for
development approvals, as well as provide for additional notice requirements specific to the City. In
many instances, Florida Statutes only require advertisement in the local newspaper, whereas the City
expands that requirement to include posting of the property and notice by mail. The proposed
changes to the land development regulations can be evaluated by three categories; consistency with
the City Charter, consistency with Florida Statutes, and differentiating between city-initiated and not
city-initiated development applications in order to provide for effective and economical advertising
requirements.
Consistency with City Charter
First, a majority of the required newspaper advertisements for City Council public hearings have
been amended to be consistent with the requirement of the City Charter for ordinances, which is
fourteen (14) days. The City staff has been complying with the more restrictive fourteen (14) day
requirement of the City Charter for City Council public hearings, so the change will be consistent
with current City practices for newspaper advertising requirements.
In order to provide for consistency between the City Charter and the City’s Land Development
Regulations, as well as with the revised newspaper advertising requirement, the public notice
requirements for City Council mailers has also been extended to fourteen (14) days, as opposed to
the currently enforced ten (10) day requirement. In the past, staff has had some comments from
residents that the mailers were not received prior to date of the advertised public hearing, so the
additional time will be beneficial in ensuring the delivery of the required mailers.
Consistency with Florida Statutes
The proposed modifications include minor amendments relative to consistency with Florida Statutes.
Per Florida Statutes, city-initiated rezonings and small-scale map changes require a 30-day notice by
Date Prepared: June 1,2006
Meeting Date: July 6,2006
Ordinance 16,2006
Page 11 of 11
mail to the owner of the property directly affected by the action, which has been clarified by the
proposed text amendment. In addition, Table 4 has been modified to indicate which applications
must be consistent with state law and those areas that exceed state law requirements. The language,
“as required by state law,” has been added and removed as applicable to reflect the current
requirements of Florida Statutes.
City-Initiated and Not City-Initiated Applications
The proposed amendment also distinguishes between city-initiated and not city-initiated
development applications. Currently, the code requires City Council mail notices to be sent via
certified mail with return receipt to provide verification to the City that the notices have been sent.
Mail notices for city-initiated petitions will be sent by city staff, so the cost of the certification and
return receipt are not needed for verification. This proposed amendment has been added to the text
of paragraph (b) describing the requirements for public hearing mailers.
In addition, the proposed amendment differentiates between specific types of land-use map changes
to include city-initiated, not city-initiated, and map changes specific to the creation of overlays.
While the notice requirements for city-initiated and not city-initiated are the same, the city will also
be required to notice, via mail, the affected property owner thirty (30) days prior to the public hearing
on a small scale comprehensive plan map amendment. The proposed notice requirement for the
creation of an overlay is consistent with Florida Statutes and allows for the creation of overlays,
which previously has not been provided for in the public notice requirements.
General Consistency
The text and Table 4 have both been amended to provide for overall consistency between the two,
which is important to ensure regular enforcement of the code. Many minor amendments have been
included with the proposed amendment to ensure that consistency.
PLANNING, ZONING AND APPEALS BOARD
At its June 13, 2006, meeting, the Planning, Zoning, and Appeals Board held a public hearing to
review the subject ordinance. The Board voted 7-0 to recommend approval ofthe subject ordinance.
STAFF RECOMMENDATION
The proposed amendment will provide for consistency with the notice requirements of the City’s
Charter, consistency with Florida Statutes, and provide for the differences between city-initiated and
not city-initiated items; therefore, staff is recommending approval of Petition LDRA-06-05-000003
and Ordinance 16, 2006.
Date Prepared: May 24,2006
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ORDINANCE 16,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO PUBLIC NOTICE
ORDINANCES, ENTITLED “PUBLIC NOTICE,” TO AMEND
CERTAIN REQUIREMENTS FOR PUBLIC NOTICE FOR
DEVELOPMENT APPLICATIONS; P ROVl DI NG FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
REQUIREMENTS; AMENDING SECTION 78-54, CODE OF
WHEREAS, there is a need to amend the notice provisions of Chapter 78, Land
Development Regulations, of the City Code of Ordinances to provide for effective and
economical advertising requirements for city-initiated and non city-initiated development
applications that are consistent with the requirements of the city charter and Florida
Statutes; and
WHEREAS, this Land Development Regulations amendment petition (LDRA-06-
05-000003) was reviewed by the Planning, Zoning, and Appeals Board at a duly noticed
public hearing on June 13, 2006, and the Board recommended approval by a vote of 7-
0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78-54, Code of Ordinances, entitled “Public notice” is
hereby amended to read as follows:
Sec. 78-54. Public notice.
(a) Public notice. Public notice, including mail notice, posting of property, and
newspaper advertising, shall be provided as required below and consistent with
the citv charter- In ?able4 . In the event of a conflict between #e
*Table 4 and the text, the requirements of the text shall prevail.
..
Date Prepared: May 24,2006
Ordinance 16, 2006
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2
Table 4: Required Public Notice fc: Pu-
1 Post(1) 1 Mail(1) News-
PaPer(1) Action Mail(1) Post( 1
10 Days
14 Days Prior to
0 rd i nance Adopt ion.
kw
10 Days 15 Days Rezoning:
City-initiatedylo Acres
I 0s
lays ++
Rezoning:
City-initiated; 10 or >
Acres
14 Davs Prior to
Ordinance Adoption &
as Required by State
Law.
10 Days l5 Days 1%
Days - 1 0s
Days 10 Days
14 Davs Prior to
Ordinance Adoption.
IaWT
Rezoning:
Not C i t y-in it ia ted
1 0s
Days 10 Days 10 Days 11 5 Days 1 lW
Days
LDR Text Change:
'ermitted, Conditional, or
Prohibited Uses
14 Davs Prior to
Ordinance Adoption &
as Required by State
Law.
None 10 Days 1 None 1 None None
LDR Text Change:
Not Permitted,
Zonditional, or Prohibited
Uses
1% Days Prior to
Ordinance Adoption None 10 Days 1 None I None None
Major Conditional Use 10 Days 10Days 15Days I@ 1 1 Days
1844Days
Minor Conditional Use 15 days PI- __
10 Days 15 Days l.8Bay!
--
Variance 10 Days
Comp Plan:
Land Use Map Chanqe
for the creation of an
Overlay (Citv-initiated)
14 Davs Prior to
Ordinance Adoption &
as Required bv State Law.
None None
Comp Plan:
Larae-scale Land Use
Map Change (Citv-
initiated)
14 Davs Prior to
Ordinance Adoption &
as Required bv State Law.
14 Davs Prior to
Ordinance Adoption &
as Required by State
Law.
As Required
bv State Law. 15 Davs 14 Dav: 15
&s
1 0s
Days
10 Davs
Comp Plan:
Larqe-scale Land Use
Map Change (Not Citv-
initiated)
10 Days
2
Date Prepared: May 24,2006
Ordinance 16, 2006
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Comp Plan:
Permitted Uses
Text Change Affecting None 10 Days
Comp Plan:
Affecting Permitted Uses
Text Change Not None 10 Days
Small Scale Land Use
initiated)
Map Change (City- 10 Days 10 Days
Small Scale Land Use
Map Change (Not City- 10 Days 10 Days
initiated)
None
None
15 Days
15 Days
~~
14 Days Prior to
None None Ordinance Adoption &
as Required by State
Law.
14 Days Prior to
Ordinance
as Required by State
Law.
None
14 Days
388ays Adoption Hearinq. As
14 Days Prior to
fa
~-
14 Days Prior to
I@ Ordinance Adoption.
Days
law
1 03
Days
1 0s
Days
Notes:
(1)
(2) 7 ' . 30-day mail notice
bs held
Number of calendar days prior to date of public hearing.
to owner of property proposed to be rezoned or underqo land use map chanqe.
(4: Fc:Sbbs -.
(53) Public notice for development review committee meetings requiregposting at the city hall
complex only.
(b) Mail notice. Required Mmail notice of all future land use map
amendments, rezoning ordinances, conditional use, and variance
etxbapplications shall be provided as indicated below.
(1) Contents. Unless otherwise provided herein, mail notice of a public
hearing shall contain the following information:
a.
b.
C.
d.
e.
The title and substance of the proposed ordinance or
develop men t order;
The time, date, and location of the public hearing for the planning,
zoning, and appeals board;
The time, date, and location of the public hearing for the city
council ;
The location of the property affected by the application with
reference to the nearest intersection of two or more streets;
The name, address, and telephone number of the office where
additional information can be obtained;
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Date Prepared: May 24,2006
Ordinance 16, 2006
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f. The times and place where the proposed ordinance or
development order application may be inspected by the public;
g. A notice that interested parties may appear at the meeting or
public hearing and be heard with respect to the proposed
ordinance or development order application; and
h. An area map, indicating location of the affected property, may be
provided.
(2) Class of mail.
a. Planning, zoning, and appeals board. Mail notice shall be
provided by first-class mail, unless otherwise directed by the
growth management director.
(3
b. City council. Mail notice for privately-initiated applications shall be
provided by certified mail, with return receipt requested or as
proposed by the applicant to provide comparable verification of
delivery and as approved bv the qrowth manaqement director.
Mail notice for City-initiated development applications shall be
provided by first-class mail.
Postmark. Mail notice shall be postmarked no later than the
minimum number of calendar days as required in Table 4 or as
otherwise required by Sections 163.31 84 and 166.041, Florida
Statutes, as amended.
(4) Property owners notified. Mail notice for privately-initiated
applications shall be provided to all property owners, excluding
property owned by the applicant, within 500 feet of the site affected
by the development order application.
(5) Property owners list. The list of property owners shall be derived
from the most recent official tax roll of Palm Beach County. The
applicant shall provide an affidavit attesting to the completeness and
accuracy of the property owner's list.
(6) Costs. The applicant shall provide postage, envelopes, and one (1)
set of mailing labels appropriate to the type of mail service utilized.
In the event additional mail notice is required, the applicant shall be
responsible for postage, envelopes, and mailing labels.
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Date Prepared: May 24,2006
Ordinance 16,2006
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(7) Procedure. The applicant shall provide and mail all required notices,
and provide an affidavit that notice was sent to all property owners
included in the property owner’s list. If a return receipt requested is
utilized, the petition or application number shall be indicated on the
receipt.
/8) Maior conditional use applications shall require the same mail notice
requirements as a not Citv-initiated rezoninq application. Minor
conditional use applicants shall provide notice as in this paragraph
/b), except that mailed notice shall be mailed or hand-delivered at
least 15 days before the scheduled development review committee
meetinq. Variance applicants shall provide notice for the planninq,
zoning, and appeals board only, as described in this paraqraph (b).
(c) Posting of property. Property affected by a future land use map
amendment, rezoning ordinance, conditional use, and variance cbAqmw#
#der-applications shall be posted as provided below, if required.
(1) Signs. Signs shall be provided by the applicant, subject to criteria for
size, contents, and visibility approval by the growth management
department.
(2) Posting. Property shall be posted by the applicant.
(3) Installation. Signs shall be posted in a workmanlike manner, able to
withstand normal weather events.
(4) Minimum posting requirements. Privatelv-initiated applications
require that Aat least one sign Wbe posted per 500 lineal feet of
all property located along a public right-of-way, with a minimum of
one signs per frontage, or as otherwise required by the growth
management director. In the event of unique circumstances affecting
a property, additional signs shall be posted as required by the growth
management director. Citv-initiated applications require that one sign
be posted per frontaqe along a public right-of-way, except that Citv-
initiated land use map chanqes for the creation of an overlay shall not
require posting for the citv council hearings.
(5) Deadline. Signs, if required, shall be posted at least 15 days prior to
a public hearing.
(6) Affidavit. An affidavit, including photographs, attesting to the date of
installation and number of signs installed shall be provided at least
five days prior to the required public hearing.
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Date Prepared: May 24,2006
Ordinance 16, 2006
/7) Maior conditional uses and variances shall be required to provide
postinq for the property consistent with the requirements described in
this paragraph (c) 15 days prior to the public hearinq. Minor
conditional uses shall require only the postinq of a notice at the city
hall complex 15 days prior to the development review committee
meeting.
(d) Minimum newspaper advertising requirements. Newspaper advertising of
public hearings to consider all comprehensive plan text amendments, future land
use map amendments, rezoning ordinances, maior conditional uses, and
variance applications shall be provided as indicated below.
Newspaper type. The advertising shall be published in a newspaper
of general paid circulation, and of general interest and readership in
the jurisdiction. The advertisement shall appear in a newspaper
published at least five times per week.
Costs. The applicant shall be charged a fee to defray all costs
associated with advertising for a public hearing to consider
o rd i na nces or development order applications.
Publication. The advertisement for the public hearings shall appear
no later than the minimum number of calendar days as required in
Table 4, the city charter, or as required by the appropriate chapter of
Florida Statutes-.
Comprehensive plan larqe scale land use map and permitted use text
changes. The notice of public hearings to consider an amendment to
the future land use plan map or to comprehensive plan text changes
which amend permitted, conditional, or prohibited uses within a future
land use plan category shall be published as required by Section
163.31 84, Florida Statutes, as amended, and as by Table 4.
Comprehensive plan text change not affecting permitted uses. The
notice of public hearings to consider an amendment to the text of the
comprehensive plan kern which do not amend permitted,
conditional, or prohibited uses within a future land use plan category
shall be provided as required by Fc Section 163.3184, Florida
Statutes, as amended, and by Table 4. The notice shall include the
following information:
a. The title of the proposed ordinance;
b. The time, date, and location of the public hearing for the local
planning agency;
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Date Prepared: May 24,2006
Ordinance 16, 2006
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c. The time, date, and location of the public hearing for the city
council ;
d. The name, address, and telephone number of the office where
additional information can be obtained;
e. The time and place where the proposed ordinance may be
inspected by the public; and
f. A notice that interested parties may appear at the meeting or
public hearing and be heard with respect to the proposed
ordinance .
(6) Comprehensive plan small scale land use map
amendments. The notice of public hearings to consider a small scale
land use pla~ map amendment shall be provided as required by
Table 4, or as required by the applicable provisions of FcSections
4-f%W-M163.3187 and 166.041, Florida Statutes, as amended. The
notice shall include the following information:
a. The title of the proposed ordinance;
b. The time, date, and location of the public hearing for the local
planning agency:
c. The time, date, and location of the public hearing for the city
council;
d. The location of the property affected by the application with
reference to the nearest intersection of two or more streets;
e. The name, address, and telephone number of the office where
additional information can be obtained;
f. The times and place where the proposed ordinance or
development order application may be inspected by the public;
g. A notice that interested parties may appear atthe meeting or
public hearing and be heard with respect to the proposed
ordinance or development order application; and
h. An area map, indicating location of the affected property, may be
provided.
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Date Prepared: May 24,2006
Ordinance 16,2006
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Rezoning greater than ten acres and text changes affecting permitted
uses. The notice of public hearings to consider rezoning ordinances
affecting property of more than ten acres or to consider proposed
ordinances which change the actual list of permitted, conditional, or
prohibited uses within a zoning category shall be published as
provided in Table 4, or as required by %Section 166.041, Florida
Statutes, as amended.
.. Rezoning less than ten acres~ , and
text amendments not affecting permitted uses. The notice of public
hearings to consider rezoning ordinances affecting less than ten
acres,rs , 3~ and land development
regulation amendments which do not affect permitted, conditional, or
prohibited uses shall be provided as required in %Section
166.041, Florida Statutes, as amended, or Table 4. The notice shall
include the following information, as applicable: the title and
substance of the ordinance or other type of development order,
including, as applicable, the type of development order application,
the type of principal uses proposed, the number of dwelling units, the
type of dwelling units, or the nature of the land development
reg u I at ion am end men ti;
..
a. The time, date, and location of the public hearing for the planning,
zoning, and appeals board;
b. The time, date, and location of the public hearing for the city
cou nci I;
c. The location of the property affected by the application with
reference to the nearest intersection of two or more streets;
d. The name, address, and telephone number of the office where
additional information can be obtained;
e. The times and place where the proposed ordinance or
development order application may be inspected by the public;
f. A notice that interested parties may appear &the meeting or
public hearing and be heard with respect to the proposed
ordinance or development order application; and
g. An area map, indicating location of the affected property, may be
provided.
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Date Prepared: May 24,2006
Ordinance 16, 2006
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(9) Land development regulations text change affecting permitted uses.
The notice of public hearings to consider land development
regulations text changes affecting permitted, conditional, or permitted
uses within a zoning category shall be published as provided in Table
4, or as required by %Section 166.041, Florida Statutes, as
amended.
(IO) Major conditional uses and variances. The notice shall be published
as provided in Table 4 and include the following information, as
a p PI ica ble :
a. The time, date, and location of the public hearinq;
b. The location of the property affected by the application with
reference to the nearest intersection of two or more streets;
c. The name, address, and telephone number of the office where
additional information can be obtained;
d. The times and place where the proposed application mav be
inspected bv the public;
e. A notice that interested parties rnav appear at the meeting or
public hearinq and be heard with respect to the proposed
develop men t order a ppI icat io n ; and
f. An area map, indicatinq location of the affected propertv, mav be
provided.
(e) Failure to provide notice. Failure to comply with the minimum number of
days of required newspaper advertising notice, mail notice, or posting of property
shall result in an automatic postponement of the application. The body holding
the hearing shall schedule and announce at the originally scheduled public
hearing the time, date, and location for the postponed public hearing. The body
holding the hearing, or growth management department staff, may require
additional newspaper advertising, mail notice, or posting of property for a
rescheduled public hearing. The applicant shall be required to defray all of the
costs associated with additional newspaper advertisement, mail notice, or
posting of property for rescheduled public hearings.
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Date Prepared: May 24,2006
Ordinance 16, 2006
(f) Effect ofpostponernenfs. If the public hearing for a rezoning ordinance or
development order application is postponed more than once, or is notpostponed
to a specific time, date, and location, or is otherwise postponed such that the
original public notice is no longer applicable, the growth management department
staff may require additional public notice via newspaper advertising, mail, or
posting of property. Such additional public notice shall be at the expense of the
applicant .
SECTION 3. This Ordinance shall become effective immediately upon adoption.
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
(The remainder of this page left intentionally blank)
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Date Prepared: May 24,2006
Ordinance 16, 2006
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PASS ED this day of , 2006, upon first reading.
PASSED AND ADOPTED this day of , 2006, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Joseph R. Russo, Mayor
Jody Barnett, Vice Mayor
Eric Jablin, Councilmember
David Levy, Councilmember
Hal R. Valeche, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\public notice - ord 16 2006.doc
AGAl N ST ABSENT
GL
11
XII -- ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. Additional Alternate Staff Member to the Northlake Boulevard Task
Force.
During the March 16. 2006 re-organization meeting. Council Members
were aopointed as regular and alternate members to the Northlake
Boulevard Task Force. Since only one regular staff appointment was
made, Chairman C. R. O’Melia from the Village of North Palm Beach has
requested that we assign an alternate staff member as soon as possible.
XII -- ITEMS FOR COUNCIL ACTIONlDISCUSSION:
b. Designate a voting delegate for the SOth Annual Florida League of Cities
Conference.
In accordance with Article Four of the Bylaws of the Palm Beach Countv
Leame of Cities Inc., each municipality selects one person to serve as the
municipal voting delegate. This official is designated to cast their votes
on Policy development, election of League leadership and adoption of
resolutions during the Annual Business Session.
80th Annual Conference
Florida League of Cities, Inc.
Jacksonville, Florida
August 10-12,2006
It is important that each municipality sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League B y-Laws requires that each municipality select one person to
serve as the municipal voting delegate.
Please fill out this form and return it to the League office so that your voting delegate
may be properly identified.
Desimation of Votinv Delevate
Name of Voting Delegate:
Title:
Municipality:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, l?L, 32302-1757
Or Fax to Gail Dennard at (8501 222-3806
City of Palm Beach Gardens
Council Agenda
July 6,2006
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
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
July 6,2006
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
Iv ANNOUNCEMENTS / PRESENTATIONS:
J a. Congressman Clay Shaw - legislative funding.
V.
VI. CITY MANAGER REPORT:
ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
/a. Recognize the award winners of the Traffic Safety Committee of the Palm
Beaches.
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit
reauest form to the Citv Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. {Page 6) Approve Minutes from the May 18, 2006 Regular City Council meeting.
b. PaPe 121Approve Minutes from the June 1 , 2006 Regular City Council meeting.
C. {Staff Report on Pape 17, Resolution 011 Pape 19) Resolution 69, 2006 -
Approving a purchase award to Landscape Structures, Inc. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a purchase
award to Landscape Structures, Inc. for recreation equipment at Lilac Park via an
existing contract with Palm Beach County (No. 05-074/MP); and providing an
effective date.
d. [Staff Report on Page 42, Resolution on Page 441 Resolution 71, 2006 -
Agreement with Staffing ConnectiodAction Labor. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and
City Clerk to execute Addendum I to the Agreement with Staffing
ConnectiodAction Labor for School Crossing Guard Services; and providing an
effective date.
e.
f.
[Staff Renort on Page 57. Rewjotion on Page 59) Resolution 72, 2006 -
Acceptance of a Non Exclusive Easement and License Agreement from Garden
Oaks Homeowners Association. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida accepting an easement from Gardens Oaks
Homeowners Association for the purpose of providing irrigation to medians along
Military Trail; and providing an effective date.
- Resolution 73, 2006 -
Cnar1ge Oruer No. 1 for me ~iry nail LODDY Ligming rroject. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the use of
Art Impact Fees for expenditures related to the City Hall Lobby Lighting System
Project; and providing an effective date.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
a.
b. 8,sd 34
jStaff Report on Page 78, Ordinance on Page 126, Resolution on Pa~e 129)
reading and adoption) Village Square Professional - - - - City Council of the City of Palm Beach G~I
Ordinance 15, 200
Ordinanc
r 101 L approving an amendment to Ordinance 10, 1999 and Ordinance 25,
-elaL111g to the zoning of the Village Square Professiona' "ark Phase TT n'
Unit P-reloprnent (PUD) to transfer the master plai LDDT---'
Resolution 51,2006 is a companion item to Ordinance 15,2006
and will require Council action.
- .- -k6&xhn 51n- Village Square Professional Par crt ResoiUtioa of the Ci
-.&the eity73~tdhii BGeh ~ardens, ~10rih a-an amendment
1 1
Pmfbsional Park Phase TI P1ad-U
an the West side of-Prospexity F
with RCA Bdevd, as more partihb descnbd * keiqtoallc
rhe e4mStnIh ofl&rritding 500 and ntk minor m0dific;itiOns to the- aDmvt
ase f-m: prowidino waive nrnvirtino rnnditinna rrf mn - a( . -- * an cctive datc
b
L
C. fStaff Report on Pwe 144, r’ --
Legacy Place Commercial Plat.
-mBezlch C;a - FIc
4 4-77 m
c c
X.
Part II - Non-Quasi-iudicial
RESOLUTIONS:
XI ORDINANCES: (For Consideration on First Reading)
d
2
a. (Staff ReDort on Page J94, Ordinance on Page 20:
Reading) Public Notice Requirements
lt.yOtlUlll3 each ciard ens, Flor~da relating to Public Notice Requirements;
lllgendigg Sation 78-54, Code of Ordinances, ensled “Public Notice,” to amen&
Kerpents for public noti-- p-3i5i310pment applications; providing for
Hnance 16.
Ordinance of the City Council of<
50
XII. ITEMS FOR COUNCIL ACTIONDISCUSSION:
a.
b.
JPape 216) Additional Alternate Staff Member to the Northlake Boulevard Task
Force.
,Designate a voting delegate for the 80~ Annual Florida League of
Lities Lonrerence.
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
L c
PLEQSE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision lllllcie 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:
80@955-8771 (TDD) or 80&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
July 6,2006
Mayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Council Member Jablin
Vice Mayor Barnett Council Member Levy
Council Member Valeche
I.
11.
111. 3- O
IV
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3: 03
7 )WVII.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
July 6,2006
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
a. Congressman Clay Shaw - legislative funding.
ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
CITY MANAGER REPORT:
a. Recognize the award winners of the Traffic Safety Committee of the Palm
Beaches.
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.
b.
C.
{Page 6) Approve Minutes from the May 18, 2006 Regular City Council meeting.
{Page 12) Approve Minutes from the June 1,2006 Regular City Council meeting.
{Staff Report on Page 17, Resolution on Page 19) Resolution 69, 2006 -
Approving a purchase award to Landscape Structures, Inc. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving a purchase
award to Landscape Structures, Inc. for recreation equipment at Lilac Park via an
existing contract with Palm Beach County (No. 05-074/MP); and providing an
effective date.
d. LStaff Report on Page 42, Resolution on Page 44) Resolution 71, 2006 -
Agreement with Staffing ConnectiodAction Labor. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and
City Clerk to execute Addendum I to the Agreement with Staffing
ConnectiordAction Labor for School Crossing Guard Services; and providing an
effective date.
e. {Staff Report on Page 57, Resolution on Page 59) Resolution 72, 2006 -
Acceptance of a Non Exclusive Easement and License Agreement from Garden
Oaks Homeowners Association. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida accepting an easement from Gardens Oaks
Homeowners Association for the purpose of providing irrigation to medians along
Military Trail; and providing an effective date.
f. {Staff Report on Page 70, Resolution on Page 72) Resolution 73, 2006 -
Change Order No. 1 for the City Hall Lobby Lighting Project. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida authorizing the use of
Art Impact Fees for expenditures related to the City Hall Lobby Lighting System
Project; and providing an effective date.
IX. PUBLIC HEARINGS:
Part I - Quasi-iudicial
7;4< a* {Staff Report on Page 78, Ordinance on Page 126, Resolution on Page 129)
Ordinance 15, 2006 - (2nd reading and adoption) Village Square Professional
Park. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to Ordinance 10, 1999 and Ordinance 25, 2002
relating to the zoning of the Village Square Professional Park Phase I1 Planned
Unit Development (PUD) to transfer the master plan approval and related
conditions to Resolution 5 1,2006; and providing an effective date.
3~0
Resolution 51,2006 is a companion item to Ordinance 15,2006
and will require Council action.
3-*
Resolution 5 1, 2006 - Village Square Professional Park. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving an amendment to
the Village Square Professional Park Phase I1 Planned Unit Development (PUD),
generally located on the West side of Prosperity Farms Road, South of its
intersection with RCA Boulevard, as more particularly described herein, to allow
the construction of Building 500 and other minor modifications to the approved
use square footages; providing waivers; providing conditions of approval; and
providing an effective date
b. $Staff Report on Page 137, Resolution on Page 139) Resolution 59, 2006 -
PGA Commons Plat Number 5. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the PGA Commons Plat No. 5; and 3-d providing an effective date.
X.
XI
C. lStaff Report on Page 144, Resolution on Page 146) Resolution 61, 2006 -
Legacy Place Commercial Plat. A Resolution of the City Council of the City of
Palm Beach Gardens, Florida approving the Legacy Place Commercial Plat; and
providing an effective date. 3 @
d. lStaff Report on Page 156, Resolution on Page 184) Resolution 67, 2006 -
Master site plan for the Mirasol Elementary School. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the master site
plan for the Mirasol Elementary School to allow the construction of a 127,448
square-foot Elementary School on the Mirasol Planned Community Development
(PCD) school site, generally located on the Southwest corner of Hood Road and
the Florida Turnpike, as more particularly described herein, granting conditional
use approval; and providing an effective date.
Part I1 - Non-Quasi-iudicial
RESOLUTIONS:
ORDINANCES: (For Consideration on First Reading)
a. {Staff Report on Page 194, Ordinance on Page 205) Ordinance 16,2006 - (lst
Reading) Public Notice Requirements. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida relating to Public Notice Requirements;
amending Section 78-54, Code of Ordinances, entitled “Public Notice,” to amend
certain requirements for public notice for development applications; providing for
codification; and providing an effective date.
7:s
3-o
&: OL XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
3-0
a. lPage 216) Additional Alternate Staff Member to the Northlake Boulevard Task
Force. &Wl3 (EJISrnW
3-0 /Page 217) Designate a voting delegate for the 80th Annual Florida League of
Cities Conference. v&~#&
XIII. CITY ATTORNEY REPORT:
8; 03 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.
e
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 OfBce at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the ‘Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
- I
I 1 i
i I I
I
4)- & * 7/6/06 c;q COdL fledy @ -I;& *d w mrh-.
21 years ago, the Traffic Safety Committee of the Palm Beaches began
honoring law enforcement officers and citizens who have, in an
extraordinary way, contributed to traffic safety. A panel of judges selects
the best or most deserved candidates from the submissions received.
On Wednesday, June 7,2006, the following members of the Palm Beach
Gardens Police Department were the recipients of special awards fiom
the Safety Council of the Palm Beaches.
Officer Ron Council
Officer Council was recognized for his continued commitment in
removing impaired drivers fiom the roadways. Officer Council made 86
DUI arrests in 2005 and had a 90% conviction rate of those that have
gone to trial.
Officer Wayne Sidev
Officer Sidey was recognized for serving as the Traffic Unit Coordinator
for a new program called TOP - Trafic Oriented Policing. It has
allowed the Police Department to take traffic efforts to a higher service
level. Officer Sidey volunteered to manage this successful program
giving it much time and effort.
Commu nica tions Manager Ju CJ,) B rm clt
Judy was recognized for her tremendous support in promoting the
Mobile Eyes Program. Mobile Eyes rewards citizens who report
suspected drunk drivers to the local police department. At Judy’s
direction, all dispatchers complete the Mobile Eyes form when a drunk
driver is reported. As a result, the Palm Beach Gardens Police
Department had the highest number of submissions in Palm Beach
County.
Citizens Mobile Patrol Supervisor Tom Murplz y
Tom was recognized for overseeing 45 citizen volunteers who donate
their time to patrolling our streets and assisting with parking
enforcement and speed monitoring. Tom was instrumental in
implementing a traffic monitoring program where trained volunteers
conduct speed measuring using radar units. Tom has donated countless
hours coordinating and supervising the CMP Program.
CITY COUNCIL MEETING 07/06/06
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS:
DELETIONS:
MODIFICATIONS:
UNDER CITY MANAGER REPORT
Discussion regarding the Comprehensive Plan
Amendments Round 06-2
1. Changes to 3 parcels on Northlake
Boulevard from RR-10 to Commercial.
2. Florida Research Park CRALLS along
Northlake Boulevard and Seminole
Pratt Whitney Road.
NONE
UNDER CITY MANAGER REPORT
Move the recognition of the Traffic Safety
Committee award winners to new Item b. under
Announcements/Presentations.
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