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HomeMy WebLinkAboutAgenda Council Agenda 051701*REVISED* City of Palm Beach Gardens Council Agenda May 17, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. II. III. IV. Vo VI. VII. VIII. submit request form to the Ci.ty Clerk prior to this Item) CONSENT AGENDA: a.Consideration of approving Minutes from the April 19, 2001 Regular City Council Meeting. b.Resolution 60, 2001 - Art in Public Places - PGA National. Consideration of approving the Art in Public Places proposal for the PGA National Headquarters, located on the west side of the Avenue of Champions CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 17, 2001 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: a.Beautification & Environmental Award - The Oaks Center. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: For Items Not on the A~enda~ please Co eo f. g° *h. approximately one-quarter of a mile south of its intersection with PGA Boulevard; providing for a condition of approval. Resolution 72, 2001 - Award of Bid for Resurfacing Athletic Courts. Consideration of executing an agreement to resurface several athletic courts. Resolution 79, 2001 - Frenchman’s Reserve Golf Maintenance Facility. Consideration of approving a site Plan Application for a Golf Course Maintenance Facility located within the Frenchman’s Reserve Planned Community Development, approximately one-quarter mile south of the intersection of Hood Road and Alternate A1A; providing for waivers. Resolution 80, 2001 - Frenchman’s Reserve "Pod G." Consideration of approving a Site Plan Application for "Pod G" located within the Frenchman’s Reserve Plarmed Community Development, allowing for the development of 36 single-family homes located approximately ¼ mile east of the intersection of Hood Road and Alternate A1A. *REVISED RESOLUTION ATTACHED Resolution 83, 2001 - Consideration of approving and executing an agreement for Mass Care Host Shelters with Palm Beach County Chapter of the American Red Cross. Award of Bid - Electrical Conduits. Consideration of awarding the bid for installation of 17,800 feet of electrical conduits to D.S. Eakins in the amount of $91,210 per piggyback with Palm Beach County. Resolution 75, 2001 - San Michele Plat. Consideration of approving the San Michele Plat. *NEW ITEM ATTACHED *i. IX. a° Resolution 87, 2001 - Ballenlsles Pod 15 Plat. Consideration of approving the BallenIsles Pod 15 Plat. *NEW ITEM ATTACHED PUBLIC HEARINGS: Ordinance 9, 2001 (Second Reading) - Prosperity Center Addition Annexation. Consideration of annexing into the City approximately seven- tenths of an acre of land generally located two-tenths of a mile south of the intersection of Prosperity Farms Road an PGA Boulevard, on the east side of Prosperity Farms Road; revising the boundaries of the City to include said real property; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for severability; and providing for an effective date. bo Co Ordinance 8, 2001 (Second Reading) - Prosperity Center Future Land Use Plan. Consideration of providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately seven-tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road an PGA Boulevard, on the east side of Prosperity Farms Road, from Palm Beach County Low Residential-3 to City of Palm Beach Gardens Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflict; and providing for an effective date. Resolution 81, 2001 Regional Center NOPC Altering Master Plan. Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, relocate Parcel 4 to the east of the Water Management Tract, redistribute the acreage of Parcel 7 equally between Parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend Condition #1 to establish and adopt a Land-Use Conversion Matrix (as depicted on map H); providing that the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall poperties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. Xo RESOLUTIONS: ao Resolution 78, 2001 - Mirasol "Parcel A" Site Plan. Consideration of approving a Site Plan Application for "Parcel A" with a total of 208 zero lot- line single-family home lots within the Mirasol PCD, located along PGA Boulevard; providing for conditions of approval; providing for waivers. bo Resolution 76, 2001 - Mirasol "Parcel B" Site Plan. Consideration of approving a Site Plan Application for "Parcel B" with a total of 159 zero lot- line single-family home lots within the Mirasol PCD, located along PGA Boulevard; providing for conditions of approval; providing for waivers. Co Resolution 77, 2001 - Mirasol "Parcel C" Site Plan. Consideration of approving a Site Plan Application for "Parcel C" located within the Mirabella Subdivision of the Mirasol Planned Community Development, allowing for the development of 125 single-family zero-lot line homes, located XII. XIII. XIV. XV. approximately ¼ mile west of the intersection of Hood Road and Jog Road; providing for conditions of approval; providing for waivers. ORDINANCES: (For Consideration on First Reading) Ordinance 12, 2001 - Marriott Sign Waiver. Consideration of approving an application from the PGA Marriott for an amendment to a Planned Unit Development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at 4000 RCA Boulevard; providing for a waiver. ITEMS FOR COUNCIL ACTION: ITEMS FOR DISCUSSION: Fathom Restaurant (formally Hibiscus) Outdoor Seating. Review of impacts of outdoor seating at Fathom’s Restaurant (f/k/a Hibiscus Restaurant). b.Unit 2 Drainage CITY ATTORNEY REPORT: ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. TO OUR MAYOR JOE RUSSO AND COUNCIL I WISH TO THANK DAN CLARK FOR COMING TO THE FDOT MEETING OF MAY 11,2001. OUR CITY MANAGER RONALD FERRIS TOLD ME PERSONALLY THAT HE WOULD ALSO COME. BUT HE WAS NOT THERE. THE RESIDENTS OF GARDEN WOODS DO NOT WANT A PROPOSED RAILROAD CROSSING 500 FEET FROM THEIR COMMUNITY. FEC RAIl,WAY DOES NOT WANT THE RAILROAD CROSSING EITHER. THE RESIDENTS OF GARDEN WOODS HAVE NO CHOICE BUT TO COME ON JUNE 21,2001 AND ASK THE CITY COUNCIL FOR A REPEAL VOTE ON RESOLUTION 147, 1999. IF YOU WISH A MEETING WITH SOME GARDEN WOODS RESIDENTS, I WILL BE AVAILABLE UNTIL MAY 31,2001. SINCERELY, ROGER BLANGY 11658 HEMLOCK STREET PALM BEACH GARDENS FL 33410 --PRINCIPAL GARDEN WOODS REPRESENTATIVE CC; RICK CHESSER FDOT SECRETARY DISTRICT 4 GERRY O’REILLY FDOT KAREN MARCUS COUNTY COMMISSIONER MAY 17, 2001 City of Palm Beach Gardens Council Agenda May 17, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo ><~ Vice Mayor Jablin ~/ Council Member Clark Council Member Furtado/ Council Member Sabatello / All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. II. III. IV. VI. VII. VIII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 17, 2001 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: a.Beautification & Environmental Award - The Oaks Center. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: COMMENTS FROM TIlE PUBLIC: For Items Not on the Agenda~ please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: ao Consideration of approving Minutes from the April 19, 2001 Regular City Council Meeting. bo Resolution 60, 2001 - Art in Public Places - PGA National. Consideration of approving the Art in Public Places proposal for the PGA National Headquarters, located on the west side of the Avenue of Champions approximately one-quarter of a mile south of its intersection with PGA Boulevard; providing for a condition of approval. do f. go IX. ao Resolution 72, 2001 - Award of Bid for Resurfacing Athletic Courts. Consideration of executing an agreement to resurface several athletic courts. Resolution 79, 2001 Frenchman’S Reserve Golf Maintenance Facility. Consideration of approving a site Plan Application for a Golf Course Maintenance Facility located within the Frenchman’s Reserve Planned Community Development, approximately one-quarter mile south of the intersection of Hood Road and Alternate A1 A; providing for waivers. Resolution 80, 2001 Frenchman’s Reserve "Pod G." Consideration of approving a Site Plan Application for "Pod G" located within the Frenchman’s Reserve Planned Community Development, allowing for the development of 36 single-family homes located approximately ¼ mile east of the intersection of Hood Road and Alternate A1A. Resolution 83, 2001 - Consideration of approving and executing an agreement for Mass Care Host Shelters with Palm Beach County Chapter of the American Red Cross. Award of Bid - Electrical Conduits. Consideration of awarding the bid for installation of 17,800 feet of electrical conduits to E.S. Eakins in the amount of $91,210 per piggyback with Palm Beach County. PUBLIC HEARINGS: Ordinance 9, 2001 (Second Reading) - Prosperity Center Addition Annexation. Consideration of annexing into the City approximately seven- tenths of an acre of land generally located two-tenths of a mile south of the intersection of Prosperity Farms Road an PGA Boulevard, on the east side of Prosperity Farms Road; revising the boundaries of the City to include said real property; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for severability; and providing for an effective date. Ordinance 8, 2001 (Second Reading) - Prosperity Center Future Land Use Plan. Consideration of providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately seven-tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road an PGA Boulevard, on the east side of Prosperity Farms Road, from Palm Beach County Low Residential-3 to City of Palm Beach Gardens Commercial; providing for transmittal to the Department of Community Affairs; providing for sevembility; providing for conflict; and providing for an effective date. Xo Xlo Resolution 81, 2001 Regional Center NOPC Altering Master Plan. Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, relocate Parcel 4 to the east of the Water Management Tract, redistribute the acreage of Parcel 7 equally between Parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend Condition #1 to establish and adopt a Land-Use Conversion Matrix (as depicted on map H); providing that the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall poperties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. RESOLUTIONS: ao Resolution 78, 2001 - Mirasol "Parcel A" Site Plan. Consideration of approving a Site Plan Application for "Parcel A" with a total of 208 zero lot- line single-family home lots within the Mirasol PCD, located along PGA Boulevard; providing for conditions of approval; providing for waivers. bo Resolution 76, 2001 - Mirasol "Parcel B" Site Plan. Consideration of approving a Site Plan Application for "Parcel B" with a total of 159 zero lot- line single-family home lots within the Mirasol PCD, located along PGA Boulevard; providing for conditions of approval; providing for waivers. Co Resolution 77, 2001 - Mirasol "Parcel C" Site Plan. Consideration of approving a Site Plan Application for "Parcel C" located within the Mirabella Subdivision of the Mirasol Planned~ Community Development, allowing for the development of 125 single-family zero-lot line homes, located approximately ¼ mile west of the intersection of Hood Road and Jog Road; providing for conditions of approval; providing for waivers. ORDINANCES:, (For Consideration on First Reading) ao Ordinance 12, 2001 - Marriott Sign Waiver. Consideration of approving an application from the PGA Marriott for an amendment to a Planned Unit Development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at 4000 RCA Boulevard; providing for a waiver. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: ao Fathom Restaurant (formally Hibiscus) Outdoor Seating. Review of impacts of outdoor seating at Fathom’s Restaurant (f/k/a Hibiscus Restaurant). XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. IV. PRESENTATIONS: A. Beautification Award-The Oaks Center • • 1 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING April 19, 2001 The April 19, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. PRESENTATIONS: Teamwork Awards - Police Department - Two teams were given awards for their help in maintaining professional excellence for the City. The first team that was recognized included Steven Fee, Christopher Barca, Robert Wummer, Michelle Rose, Jamie Roussel, Ron Council, Johnathan Evans, and Marty .Greenberg. The accreditation team that was recognized included Lieutenant Robert Artola, Sergeant William Brandt, and Sergeant Sam Nasca. Employee of the Year - Jay McKee was presented with the Employee of the Year award. Police Accreditation - Boca Raton Police Chief Andrew Scott, one of the Commissioners for Law Enforcement in Florida, presented State and National Accreditation Certificates to the City on behalf of Chief FitzGerald. He explained the accreditation process, and complimented the Police Department for their efforts in this voluntary process and for their achievement in obtaining both national and state accreditation. ITEMS ANI) REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported she attended the MPO meeting. A final hearing on turnpike issues will be held at Palm Beach Gardens High School on May21 at 6:30 p.m. Financial projections were provided for City Staff for the City’s roadway projects for 2025. Changes had been made to erect sound walls prior to 1-95 widening. Councilmember Furtado requested that the School Board be asked to move the bus stop on Keating so that it would not block the intersection, and move the bus stop at the comer of North lake and Military farther North on Military. Councilmember Furtado reported the bridge on MacArthur Boulevard was sinking and large trucks should not be allowed to drive over that bridge. Councilmember Furtado reported she had been unable to obtain the seating capacity for the cafeteria at the high school. Mayor Russo reported he had met with Mr. Buckley from the Girls’ Softball Team and that a recreation needs assessment would be done. Recreation issues may go to referendum. Councilwoman Furtado clarified for the record she had not given up the recreation needs project; Mayor Russo indicated he had taken on this project in March. COMMENTS FROM TI-IE PUBLIC: John Hannon, 86 Dunbar Road East, on behalf of the Homeowners Association Board of Marlwood Estates, opposed the location of a new substation to provide electricity to Mirasol and other proposed developments in his neighborhood. CITY COUNCIL REGULAR MEETING, 4/19/01 2 Mark Lettenmaier, 8 Riverwood Terrace, Marlwood Estates, Vice President of the Homeowners Association, objected to the location of the proposed substation and suggested it be located inside the new development. Julia Bwd expressed concern regarding the proposed stormwater utility fee. Mayor Russo requested Ms. Byrd attend the meetings on this item. Roger Blander, Garden Woods, read into the record a letter addressed to the Mayor from residents of Garden Woods expressing concerns regarding the proposed railroad crossing near. their community, offering an alternate location, and suggesting a meeting with all parties present. City Staff indicated the meeting would be set up as soon as possible. Sam Carsillo asked if the Traffic Planning Forum had resolved traffic problems. Mayor Russo indicated a report would be provided and Mr. Carsillo would be provided a copy. Mr. Carsillo commented the stormwater utility tax would be forever and instead a bond should be floated to pay for improvements so each resident would pay their fair share. Pamela Folsom, 325 Azalea Street, requested a change in the requirement that boats could not be parked in certain areas on residential lots, and asked if a waiver could be obtained. The City Attomey and City Manager indicated they would work with Ms. Folsom. CONSENT AGENDA: Vice Mayor Jablin moved approval of the Consent Agenda. with the exception of item (f), which was removed from this agenda. Councilmember Furtado seconded the motion, which was approved by unanimous 5-0 vote. The following items were approved on the Consent Agenda: 1.Consideration of approving Minutes from the March 12, 2001 City Council Workshop Meeting. 2.Consideration of approving Minutes from the March 15, 2001 City Council Regular Meeting. 3. ¯ Resolution 55, 2001 - Gentle Ben Environmental Review. Consideration of approving an application from Palm Beach Acquisitions, LLC, requesting approval for removal of exotic vegetation on Parcels 18.A08, 18.A10, and 18.A11, also known as the "Gentle Ben Site," located at the SouthEast comer of PGA Boulevard and Bee Line Highway; providing for a condition of approval. 4.Resolution 56, 2001 - Mirasol Master Signage Program. Consideration of approving a Master Signage Program for the Mirasol Planned Community Development (PCD) (f.k.a. Golf Digest). 5.Resolution 64, 2001 - Lease/Purchase Agreement. Consideration of authorizing the lease- finance of certain equipment through execution of a Master Lease-Purchase Agreement with Kislak National Bank; providing for the payment of the lease payments; making certain other covenants and agreements in connection therewith. 7.Resolution 66, 2001 - Concurrent Processing. Consideration of approving concurrent processing of applications submitted by Florida Power and Light Company for a text amendment to the Land Development Regulations to allow minor utility substations within the PGA Boulevard Corridor Overlay District and a Planned Unit Development Application for property located on the North side of PGA Boulevard approximately two miles West of Florida’s Turnpike. CITY COUNCIL REGULAR MEETING, 4/19/01 3 PUBLIC HEARINGS: Growth Management Director Charles Wu indicated Ordinance 9 must bc considered before Ordinance 8. Ordinance 9, 2001 - Prosperity Center Addition Annexation. Consideration of annexing into the City approximately seven-tenths of an acre of land generally located two-tenths of a mile South of the intersection of Prosperity Farms Road and PGA Boulevard, on the East side of Prosperity Farms Road; revising the boundaries of the City to include said real property; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for scvcrability; and providing for an effective date. Senior Planner Talal Benothman reviewed the petition. Henry Skokowski spoke on behalf of the petitioner stating the intent was to add this parcel to the Prosperity Center Commercial Center after approval by the City Council. and that a worst-case traffic situation was presented. City Attorney Rubin advised that the presentation had bccn combined for both Ordinances 8 and 9 and that comments by the public could address either Ordinance. Mayor Russo stated that upon advice from the City Attorney this public hearing was now for Ordinance 8 and Ordinance 9, and called for comments from the public. Kathlccn Smith, 11355 W. Teach Road, indicated she did not believe additional parking was nccdcd just to make it more convenient when the parking lot was almost never full, commented that flooding had occurred in her home which had reduced the value of her home, and expressed her opinion that additional parking would create additional noise, more flooding, and more light. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to place Ordinance 9, 2001 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 9, 2001 on First Reading by title only. Ordinance 8, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 8, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, providing for an amendment to the comprehensive plan of the City of Palm Beach Gardens by changing the land-use designation on approximately seven-tenths of an acre of land located approximately two-tenths of a mile South of the intersection of Prosperity Farms Road and PGA Boulevard, on the East side of Prosperity Farms Road, l~om Palm Beach County Low Residential-3 to City of Palm Beach Gardens Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflict; and providing for an effective date. Councilman Clark made a motion to place Ordinance 8, 2001 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 8, 2001 on First Reading by title only. Resolution 36, 2001 - Mayor Russo declared the public hearing open, held on the intent of Resolution 36, 2001 continued from April 5, 2001 - A Resolution of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the consolidated and amended development order for the Regional Center Development of Regional Impact (DRI) and Planned community District (PCD), providing for amendment of the master development plan to designate an oak hammock preserve of approximately eight acres, convert 151 hotel rooms to 213 residential units (as depicted on Map H), combine all residential parcels located in the North East portion of the DILl into a 104-acre unified parcel, reconfigure the water management tract, and reconfigure the alignment of the internal roadways on the Kolter property (as depicted on Map l-I), providing that CITY COUNCIL REGULAR MEETING, 4/19/01 the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., North em Palm Beach County Improvement District, and the Grande at Palm Beach Gardens, Inc.; providing for repeal of resolutions in conflict; and providing for an effective date. Senior Planner Talal Benothman reviewed the petition, and noted receipt of a letter from Commissioner Karen Marcus expressing concern regarding the alignment of the loop road and the size and location of the preserve. Mr. Benothman explained that the applicant had agreed to realign the road and to increase the Oak Preserve from 8 acres to approximately 12 or 13 acres. Dodi Glas spoke on behalf of the petitioner and indicated that applicant had adjusted the roadway to address concems. Commissioner Marcus handed out a memo with conditions that she requested be incorporated into the site plan. Commissioner Marcus thanked the developer for working with the County and indicated the County was "still interested in purchasing more land. Commissioner Marcus discussed drainage and noted that a meeting had been set up with Legacy Place, which was required to do improvements, but was not reflected in the conditions of approval. Commissioner Marcus indicated she would work with the developer on the location of the Gardens Parkway Intersection with Prosperity Farms Road. Attorney John Gary, representing Kolter Development, requested approval tonight showing the road as depicted on Map H .and explained that after their approval, the developer had no problem with the proposed change of alignment. The amount of land being purchased by the County was clarified. Bud Siebenrock, 2620 Oak Drive, submitted a petition signed by 546 North County residents who asked to have the whole Eastern parcel of the Kolter property kept as a preserve, and requested that Kolter be encouraged to use the oaks outside the preserve in their landscaping and to sell the smaller ones to another development that could use them. Laura Herming, 2442 Laurel Lane described the old oaks in the hammock and asked the help of the City Council to preserve as many of these trees on as many acres as possible. Augustin Hemandez, 2639 West Edgewater Drive, indicated the 52" drainage pipe location shown on the civil drawings had not received written authorization from the residents, which the residents considered a major issue, and presented a letter to the City Clerk from Audubon who supported preserving all acreage possible. Jim Jested, 2590 West Edgewater Drive, noted there was a serious drought and to let trees be cut added to water problems. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin said the developer had been cooperative and had donated 4 acres of lakes for water storage that would help ease drainage problems. City Engineer Dan Clark advised that the petitioner would come back to the City and North em Palm Beach County Improvement District and the County for approval of the drainage. Councilmember Furtado expressed her opinion that the developer had done a wonderful job but stated she wanted two additional acres preserved. Councilman Clark made a motion to approve Resolution 36, 2001. Vice Mayor Jablin seconded the motion, which carried by 4-1 vote, with Councilmember Furtado voting against because she wanted to have an additional two acres preserved. RESOLUTIONS: Resolution 50, 2001 - Kolter Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an application fi-om Kolter Properties and the North ern Palm Beach County Improvement District ("North em"), requesting a Site Plan Review within a Planned Community District (PCD) for approval of a multi-family residential community within the Regional CITY COUNCIL REGULAR MEETING, 4/19/01 $ Center Planned Community District located North of Gardens Parkway and West of Prosperity Farms Road; the 49.37 acre site will contain 358 residential units in Phase 1; and Phase 2, which proposes 637 units on 63.17 acres will be subject to a future petition. Senior Planner Edward Tombari reviewed the petition. Dodi Glas, representative for the petitioner, clarified that "any construction" in condition 18 should be changed to "any drainage construction". Ms. Glas reviewed the site plan. Councilman Clark made a motion to approve Resolution 50, 2001, with the amendments added by staff, the revised resolution presented to the City Council, and the change in condition 18 presented by Ms. Glas. Vide Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. Addition to Agenda - Councilman Clark made a motion to add Resolution 68, 2001 to the agenda. Councilmember Furtadoseconded the motion, which carried by unanimous 5-0 vote. Resolution 57, 2001 - Mirasol Clubhouse Phase One. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for site plan approval of the Mirasol Clubhouse-Phase One, within the Mirasol Planned Community Development located on 2,304 acres at the North West comer of Florida’s Turnpike and PGA Boulevard, as more particularly described herein; providing for conditions of approval. Senior Planner Edward Tombari reviewed the petition. Ann Booth, representative for the applicant, described the project. The applicant’s request to eliminate wheel stops was discussed. Councilmember Furtado indicated she did not personally like wheel stops. Couneilmember Sabatello stated for the record that he was a homebuilder in Mirasol but not in an area involving this petition. Councilman Clark made a motion to approve Resolution 57, 2001, with the deletion of waiver No. 3 in Section 3 thereof. Vice Mayor Jablin seconded the motion, which carded by unartimous 5-0 vote. Resolution 68, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the Golf Digest (aka Mirasol) Parcel F Plat and providing an effective date. Councilmember Sabatello stated for the record that he was a homebuilder in Mirasol but not in an area involving this plat. Councilman Clark made a motion to approve Resolution 68, 2001. Vice Mayor Jablin seconded the motion, which carded by unanimous 5-0 vote. ORDINANCES: Ordinance 10, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, rezoning approximately 74.2 acres of land generally located South.East of the intersection of PGA Boulevard and Alternate A1A, as described herein; amending the City of Palm Beach Gardens official zoning map; approving a master plan of development for the Legacy Place Planned Community District; providing for conditions; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. Henry Iler, Consultant for the City, described the project. City Engineer Dan Clark discussed issues regarding Legacy Drive including making the road four lanes versus two lanes and the need for a left turn lane. Councilmember Furtado expressed preference for two lanes through the residential section and a left turn lane. Commissioner Marcus discussed the preferences for the redesign of Prosperity Farms Road and agreed with two lanes for Legacy Drive with a turn lane. Commissioner Marcus requested researching the linkage study to find the volumes assigned to the roads. Councilmember Sabatello asked if the City should be requesting the Commission to move up RCA Boulevard on the County’s plan, to which Commissioner Marcus responded none of the new developments had triggered additional lanes but the City could request it be looked at. Councilmember Sabatello indicated that additional lanes on RCA Boulevard would CITY COUNCIL REGULAR MEETING, 4/19/01 6 help the entire North County. Discussion ensued. City Engineer Dan Clark expressed his opinion that capacity would be there for four lanes as soon as Legacy Place was completed. Councilmember Sabatello indicated each linkage must be tested the same, and wanted a more attractive drive with slower speeds. Councilman Clark requested numbers of people using the stretch of Gardens East between Bums and Campus Drive. City Engineer Clark pointed out that one consideration about a two-lane roadway with a median needed to have swale space offofthe asphalt. This issue was to be brought back in two weeks. He.r0T Skokowski spoke on behalf of the petitioner. Nick Mihelich, Urban Design Studio, representing the petitioner, provided an overview presentation. David Bader, Architect for the commercial portion, described the architecture within the events plaza. Councilmember Sabatello asked the petitioner to continue the same lighting on Legacy Drive, which the petitioner agreed to look into; and Mr. Skokowski explained thatthe petitioner had agreed to come back with the lighting and colors, which had been toned down. Angular parking was discussed. Bryant Rooney, 11110 Monet Terrace, requested clarification on the number of cars for Legacy Drive, and pointed out that Prosperity Farms Road did not have that much. Mayor Russo indicated the correct numbers would be provided to Mr. Rooney. Mr. Rooney requested an 8’ wall along Legacy Drive. Phyllis Can’, 11185 Monet Terrace, requested two lanes for Legacy Drive, and received clarification from the City Engineer regarding drainage. Sophia Thomidis, 11115 Monet Terrace, indicated her back yard would be two car lengths from Legacy Drive, requested an 8’ wall to be built before construction and that if Legacy Drive was built as two lanes that it be designed with space to install additional lanes later. Robin Heston, 11051 Monet Terrace, also requested an 8’ wall and to include enough right-of-way to accommodate 4 lanes later. Engineer Greg Fagan explained the wall would be 8’ tall on the residents’ side and 6’ tall on Legacy Drive side because of the differential needed for drainage. Commissioner Marcus requested that in the next two weeks the developer provide landscaping on both sides of the wall, considei" the impact on RCA Boulevard and expressed her preference for a 2-lane road. Councilman Clark moved that Ordinance 10, 2001 be placed on First Reading by title only. Vice Mayor Jablin seconded the, motion, which carried by 5-0 vote. The City Clerk read Ordinance 10, 2001 by title only on First Reading. Mayor Russo stated the decision had been made to have an 8’ wall and invited the public back in two weeks. Thanks were extended to Principal Planner Cramer and to the Planning and Zoning Board for an excellent job on this project. ITEMS FOR DISCUSSION: Proposed Underpass for Bums Road Widening Project. City Engineer Dan Clark reviewed the pros and cons for the tunnel across Bums Road. Standing water in the tunnel during storm events was discussed. Other discussion included the options of a walkover, signalization at grade, visibility into the tunnel for safety, and that people did not cross the road. Team Building Facilitator - the Human Resources Director reported that two candidates had been interviewed and Mr. l_aRue was recommended. Councilmember Furtado made a motion to accept Mr. LaRue as the team building facilitator. Councilmember Clark seconded the motion that carried by unanimous 5-0 vote. CITY ATTORNEY REPORT City Attorney Len Rubin commented he had sent each Councilmember a memo regarding the Legacy Place processing waiver, which would be included as one of the listed waivers on second reading of the ordinance. CITY COUNCIL REGULAR MEETING, 4/19/01 7 ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 5-0, the meeting was adjourned at 11:15 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 27, 2001 SUBJECT/AGENDA ITEM Consideration of Approval: Resolution 60, 2001: a request by Ronald Schwab, agent for Andrew Deitz of Ecclestone Organization, for the approval of the proposed art in public places for the PGA National Headquarters site located on the west side of Avenue of the Champions, approximately ¼ mile south of its intersection with PGA Boulevard. (15-42S-42E) RECOMMENDATION Staff recommends that the City Council approve Resolution 60, 2001. Reviewed by:~-~ City Attorney.~¢~" Finance N/A ACM Other N/A ~by: nag’ement Dir. City Ma’nager/ ¯ Originating Dept.: Gr~th~. nagement Advertised: Date: Paper: [ x ] Not Required Affected parties [ I Notified I x I Not required Costs: $ 0 Total $ 0 Current FY Funding Source: I i Operating I ! Other N/A Budget Acct.#: Council Action: [ I Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Photograph Project Costs Resolution 60, 2001 [ l None City Council Meeting Date: May 17, 2001 Date Prepared: April 27, 2001 Petition Mist-01-04 REQUEST Ronald Schwab, architect for Andrew Deitz, is requesting approval of the art in public places proposed for the PGA National Headquarters building. The petitioner is proposing a sculpture consisting of a golfball and tee, which is a representative of the use of the building, the PGA National Headquarters (see attached). The sculpture will be located at the main entrance of the building. Mr. Schwab created the artwork. BACKGROUND The PGA National Headquarters building is located on the west side of Avenue of the Champions, approximately ¼ mile south of its intersection with PGA Boulevard. On December 2, 1999, City Council approved the site plan for the construction of a 60,000 square foot office building and demolition Of an existing 5,495 square foot sales center through the adoption of Resolution 154, 1999. Per Section 121 of the Land Development Regulations, Fee imposed on development, all budgets for new construction of private and public development shall include one percent of the total budgets as a fee for art in public places. The subject fee shall be used by the developer for the provision of artwork on the project site. Instead of providing the artwork on the project site, a developer may choose to contribute 1% of the total construction costs as the required art fee directly to the City for inclusion in the City’s art account. The construction cost for the PGA National Headquarters was $3,000,000. Under the terms of the Art in Public Places Ordinance, the petitioner is required to pay $30,000 (1% of the total budgets) for art for the project. The applicant has indicated that the cost of the proposed sculpture would be $43,900 (see attached). LAND USE & ZONING The current land use designation for this site is Professional Office (PO)~ The subject property zoned Planned Community District (PCD). PROCEDURE This request has been classified as a Miscellaneous petition since the dev, elopment review processes outlined in Section 25 are not applicable. The City Council has the authority to approve the request, approve with conditions, or deny the request. 2 City Council Meeting Date: May 17, 2001 Date Prepared: April 27, 2001 Petition Misc-01-04 ART ADVISORY COMMITTEE At its March 26, 2001 meeting, the Art Advisory Committee reviewed the proposed art for PGA National Headquarters and recommended approval (5-0). RECOMMENDATION Staff recommends .approval of MISC-01-04 with one condition; which is included in the proposed resolution. Prior to the installation of the artwork, construction plans shall be submitted for the Art Advisory Committee’s review and approval. T~’~" 6~’~cr~ ,~ ~ ~oc= May 17,2001 RESOLUTION 60, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR THE PGA NATIONAL HEADQUARTERS, LOCATED ON THE WEST SIDE OF THE AVENUE OF CHAMPIONS APPROXIMATELY ONE-QUARTER OF A MILE’ SOUTH OF ITS INTERSECTION WITH PGA BOULEVARD,AS MORE PARTICULARLY DESCRIBED HEREIN;PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application has been submitted by Ronald D. Schwab, agent, seeking the approval of the proposed art for the PGA National Headquarters, located on the west side of the Avenue of the Champions, approximately ¼ mile south of its intersection with PGA Boulevard; and WHEREAS, the City Council adopted Resolution 154, 1999, approving a Site Plan for the construction of the 60,000 square PGA National Headquarters; and WHEREAS, the site is currently zoned Planned Community Development (PCD), with a future land use of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens hereby approves the art in public places for PGA National Headquarters, located on the west side of the Avenue of the Champions, approximately ¼ mile south of its intersection with PGA Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated, herein by this reference, to permit the art in public places. 1 Resolution ._, 2001 Meeting Date: May 17, 2001 Date Prepared: APril 30, 2001 Petition MISC-01-04 SECTION 2. Said approval shall be consistent with plans on file with the City’s Growth Management Department as follows: 1.PGA National Office Center Landscape Plans, Cotleur Hearing Inc., Stamped March 23, 2001, 1 sheet. 2.PGA National Office Center Northwest Elevation, Cotleur Hearing Inc., Stamped January 25, 2001, 1 sheet. 3.PGA Golf Ball Engineering Plans, O’Donnell, Naccarato & Mignogna, Inc., Dated November 27, 2000, 1 sheet. SECTION 3. Said approval shall comply with the following condition: Prior to the installation of the artwork, construction plans shall be submitted for review and approval by the Art Advisory Committee. SECTION 4. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2000. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNCILMEMBER SABATELLO AYE NAY ABSENT 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 5, 2001 Meeting Date: May 17, 2001 Subject/Agenda Item: Consideration of Resolution 72, 2001, accepting a proposal for sports court resurfacing and authorizing execution of an agreement. RECOMMENDATION/MOTION: Staff recommends approval of Resolution 72, 2001, and awarding of the bid for sports court resurfacing to Fast Dry Courts, Inc., of Pompano Beach, Florida, in the amount of $14,500.00. Reviewed by: City Attorn ~’_~ Finance ACM Human Res. Other Submitted by: Brian McLaughlin, Assistant Department Director Approved by: i t City Manage~~r~ Originating DepL: Parks and Recreation Advertised: Date: February 18, 2001 Paper: Palm Beach Post [ ] Not Required Affected parties [ ] No~ed [ ] Not required Costs: $14,500 Total $ 30,000 Current FY Funding Source: [ X ] Operating [ ] Other Budget Acct.#:: 01-2080- 519.6300 Council Action: [] Approved [] Approved .~ =ond~o.. [] Denied [] Continued to: Attachments: 1.Memo from staff 2.Copy of contract 3.Resolution 72, 2001 [ ] None CITY OF PALM BEACH GARDENS MEMORANDUM TO: FROM: SUBJECT: Ron Ferris, City Manager DATE: May 5, 2001 Brian McLaughlin, Assistant Director, Parks and Recreatior~ Award of bid for sports court resurfacing BACKGROUND: This year’s fiscal budget includes a line item for the resurfacing of several athletic courts within the parks system. The courts scheduled for resurfacing include the basketball courts at Plant Drive park, the basketball courts at PGA park and the tennis courts at PGA park. A single bid was received to provide the service following advertisement in the Palm Beach Post on February 18, 2001, with additional bid solicitations sent to known vendors. DISCUSSION: On March 20, 2001 the bids were opened to complete the project as advertised, with only a single bid received, $14,500, from Fast Dry Courts, Incorporated, of Pompano Beach, Florida. RECOMMENDATION: Staff recommends that the award for completing the sports courts resurfacing project be made to Fast Dry, Inc., in the amount of $14,500. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 72, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT TO RESURFACE SEVERAL ATHLETIC ¯ COURTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the outdoor basketball courts at Plant Drive Park, along with the outdoor basketball and tennis courts at PGA Park are in need of repair and resurfacing; and WHEREAS, the City has negotiated an agreement with Fast Dry Courts, Inc., of Pompano Beach, Florida, to complete the necessary repairs and resurfacing; and ~ WHEREAS, the City Council has determined that execution of the agreement between the City and Fast Dry Courts, Inc., 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 "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the agreement between the City and Fast Dry Courts, Inc., copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3: All resolutions or parts of resolution in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or application of this Resolution. SECTION 5: This Resolution shall become effective immedi,ately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF ,2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC CITY CLERK I HEREBY CERTIFY that I have approved This Resolution as to form. LEONARD G. RUBEN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK o obligation or expenditure made by fl~e Contractor prior to the effective date-of this Contract, unless the City authorizes such payment in writing. 1~ a4/~ d,t~-~.- ~ /~ ~ll ~ ~,]-d O CONTRACT PAYIV/EI~T ~rt~ The City shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions or’this Contract, tlw total amount of Fourteen Thousand Five Hundre.d aa~d 00/100 Dollars ($14,500). Payment shall made no later than f,,~’ Gvc-(d~ days after the work is accepted by the City Project Manager. TheContractor agrees that the City or any of its duly authorized representatives shall, until rite expiration of three years after expenditta’e of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the City the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefi’om are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 6. GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the City auy defects in workmanship or material appearing in the work within one If.L). year after the day the work is accepted by the Ci_ty Project Manager. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the City, shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the City deems it inexpedient to require the Contractor to correct deficient or dcfective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the City may sue for damages. This guarantee i~ in addition to any other warran .t), available to the City for.the Work including but not limited to manufacturers warranties. 7.CONTRACTOR RESPO1NSIBILITY The Contractor is an independent contractor and is not an employee or agent of the City. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the City and the Contractor, it~ employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility of the work and shall bear all losses resulting to him;-, t~ it, on account of the amount or character of the work, or because of the nature of the ground in or on which the work is done is different from what was as~tuaed or expected, or because of bad weather, or becata~c of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because.of any other causes whatsoever. CONTRACT THIS CONTRACT, made this day of,, ,20 , bet~veen THE CITY OF PALM BEACH GARDENS. a vuim~.a~ ~uuu~vistou’ux t.~. ~mu. of Florida municipal corporation, hereinafter called the "City", and FAST-DRY COURTS, INC.. a Florida corporation, t,, l,;~, its or-theii sticccsso~s, ~.A~t.ut,dt~, ag~.l~Ll~l~ttatt~l.:~, -iiid ~:tS$~gti:~ hereinafter called the "CONTRACTOR.". WITNESSETHi 1.PURPOSE/DESCRIPTION OF WORK That Contractor agrees with City that, for the consideration herein mentioned, at h/s;, its, o~-tl,¢i, own proper cost and expense to do all the Work and furnishall the materials, equipment, supplies, mad labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of The City of Palm Beach Gardens, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract¯ It is agreed that the work to be done under this Contract is to resurface basketball courts at Plant Drive Park and PGA park~ as well as the tennis courts at PGA park, in accordance with The City of Palm Beach Gardens/lid, including but not limited to the "Specifications" attached hereto and made a part hereof as Exhibit "A" and Items 2 and 3 of the Contractor’s Bid attached hereto and made a part hereof as Exhibit "B". Any conflict between the temxs and conditions of Exhibit "A" and the temas and conditions of this Contract, shall be interpreted in favor of this Contract. 2.PROJECT MANAGER The Project Manager for the City is Contractor is Stephen Dettor at (954) 979-3111. ¯ The Project Manager for the 3. TIME OF PERFORMANCE The Contractor shall begin work within twenty (20) calendar days after the signing, execution and delivery of written notice to proceed, and shall guarantee completion of the Contract on or before thirty (30) calendar days from the date of notice to proceed. Commencement of the work by the Contractor shall be deemed a waiver of this notice. The work shall be conducted in such a manner and ~vith sufficient labor, materials, tools, and equipment necessary to complete the work within the time limit set forth in the Contract. Should the organization ofthe Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the City shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necc~sat-y to complete the ~vorl< as planned within the required time and to charge the cost of all such work against the Contractor and his, or its Surety shall be held responsible therefore. The contractor fully understands and agrees that the City shall not pay for any 21 8. INDEMNIFICATION To the fullest extent permitted by laws and regulations, Contractor shall indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, harmless from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including but not limited to fees and charges of engineers, architects, attorneys, consultants and other professionals and court and arbitration’s costs arising out oFor alleged to have arisen out of or in consequence of the perfomlmxcc of the work of this agreement. Such indemnification shall specifically include, but not be limitcd to~ claims, damages, losses liabilities and expenses arising out of or from (a) the ncgligcnt or defective design of the projcct mad work of this agrccmont; (b) any act, omission or default of the CITY and/or Contractor and/or his Subcontractors, agents, servants, or employees; (c) and all bodily injuries, sicl~xess, disease or death; (d) injury to destruction of tangible propcrty, including the loss of use re.sulting therefrom (c) other such damages, liabilities or losses rcccivcd or sustaincd by any person or persons during or on accoun* of any operations connected with the construction of this projcct including the warranty period; (0 the use of any improper matcrials; (g) any construction defect including both patent latent defects; (h) failurc to timely complete the work in the time specified in this agreement; (i) the violations of any federal, state, county or city law, by-laws, ordinances, or regulations by Contractor, his Subcontractors, agents, s~rvants, indepcndcnt contractors and cmployccs; or. (j) the breach or alleged breach by Contractor of any term of the contract includin~ the breach or alleged breach of any warranty or guarantee. PATENT AND COPYRIGHT INDEMNIFICATION: The Contractor a~ees to indemnify, defend, save and hold harmless the CITY, its officers, agoras and cmployccs, from all damages, liabilities, losses, claims, fincs and fees, and from any and all suits and actions of every name and description that may be brought against CITY, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for ~thc infringement of any and all copyrights or patent rights claimed by any person, firm or corporation. Contractor shall pay all claims, losses, liens, settlcments orjudgcmcnts of any nature whatsoever in conncction with the foregoing indemnification including, but not limited to, reasonable attorney’s fees, (including appellate attorney’s fees) and cost. CITY reserves the right to sclcct its own legal counsel to conduct any defense in any such proceeding and all costs, and fccs associatcd thcrc~vith including costs of fees of an appeal shall bc the rcsponsibility of Contractor undcr the indemnification agrccmcnt. Nothing contained herein is in~cndcd nor shall it bc construed to waive CITY’s rights and immunities undcr the common la~v or Florida Statute 768.28 as amcndcd for time to time. This obligation shall not bc construcd to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would othcrwisc exist as to any party described in this Paragraph and its sub-parts. 9. INSPECTION The project will be inspected by the Project Manager for the City and will be rejected if it is not in eontbrmity with the Contract provisiott~. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the City in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereaRer, which shall be stated in such notice. 22 10.INSURANCE REQUIREMENTS COVERAGES AND THE OPERATIONS OF CONTRACTOR UNDER CONTRACT UPON EXECUTION OF THIS CONTRACT: CONTRACTOR SHALL SUBMIT CERTIfICATE(S) OF INSUILANCE EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING TIIAT CITY IS AN ADDITIONAL NAMED INSUR.ED OR ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGES ANT) THE OPERATIONS OF CONTIL~.CTOR UNDER CONTRACT. The certificates of insurance shall not only name the types of policies provided, but shall also specifically refer to this Ageement and shall stale that such insurance is as required by this section and its subsections. Contractor ~hall not commence work under contract until after it has obtained all of the minimum insurance herein described-and the policies of such insurance detailing the provisions of coverage have been received and approved by CITY, Contractor shall not permit any Subcontractor Io begin work until after .similar minimum insurance to cover Subcontraztor has been obtained and approved. In the event the insurance certificate provided indicates that the insurance slmll terminate and lapse during the period of this Agreemeut, Contractor shall furnish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for file balance of that period office contract and extension thereunder is ia effect. Contractor ~hall not continue to perform the services required by this agreemeat unless all required insurance remains in full force and effect. Imurance companies selected must bc acceptable to CITY. All of flae policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal ~refused until at least thh’ty (30) calendar days written notice has been given to CITY by certified mail. Contractor shall procure and maintain at its own expense and keep in effect during the full term of the contract a policy or policies of insurance which must include the following Coverage’s and minimum limits of liability. A, Worker’s Compensation Insurance for statutory obligations imposed by Worker’s Compensation or Occupational Disease Laws. Employers Liability h~surance shall be provided with a minimum of five hundred thousand and xx/100 dollars ($500,000) per accident. Contractor agrees to be responsible for the employment, conduct and control of it’s employees and for any injury sustained by such employees in the course of their employment. ~ional Liabilit_~ (Errors ~a~d Omissions) Insuran~m_eeringser~ ices mad the_ pmfegsi~t fonnanceof the work of this Agreemenl in the an~vitl~ a d~ot to exceed $10~e certificate of !nsurance f~ional liabili~ .~¢c~ba le d~ and the work for this A~m’eement.’ ~ C. Commercial Automobile Liability Insurance for all owned, non-owned and hired automobiles and other vehicles used by Contractor in the performance of the work with the. following minimum limits of liability." $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occulrence D. Comprehensive General l,iabilitv Insurance (occurrence fonn) with thc following limits of liability: $2,000,000.00 Combined Single Limit, Bodily Injury mid Prop¢rty Damage I.iability per occurrence Coverage must be offered in a form no more restrictive than the latest edition of the comprehensive General Liability Policy without restrictive endorsements, as filed by the Insurance Services Office and shall specific, ally include the following minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: (1)Premises and Operations; (2)Independent Contractors; (3)Products and Completed Operations; (4)Broad Form Property Damage; (5)Broad Form Contractual Coverage applicable to the Contract and specifically confimaing the indemnification and hold harmless agreement in the Contract; (6)Personal Injury Coverage with employment and.contractual exclusions removed and deleted; and (7)Explosion, collapse, underground coverage (x-c-u) E. l~il_ders Risk Insurance in an mnomR not less than THE REPLAnt the construct~ Coverage shah be "All lZisk" co~ne hundred percent 00%) ~duct~more than ten thousand and xx/100 (Sl0’000"00) Per cMim"~ ~oJltrac " uation of such insurance at final pa)anent and one (1) year thereafter. The required insurance coverage shall be issued by an insurance company duly authorized and licensed to do business in the State of Florida with the following minimum rating in accordance with the latest edition ofA.M. Best’s Insurance Guide: Class VI Contractor shall require each of its Subcontractors of any’ tier to maintain the insurance required herein for each category, and Contractor shall provide verification thereof to CITY upon request of CffY. All required insurance policies shsll preclude any undcrwdter’s rights of recovery or subrogation against CITY with the express intention o f the parties being that the required insurance Coverage’s protect both pat-ties as the primary Coverages for any and all losses covered by the above described insurance. Contractor shall ensure that any company issuing insurance to cover the requirements contained in this Contract agrees that they shall have no recourse against CITY" for payment or assessments in any form on any policy of imuraace. The elau.~e "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence, Claim, or Suit" as it appears in any policy of insurance in which CITY is named as an additional insured shall not apply 1o CITY. Violation of the terms of this Paragraph and its sub-parts slmll constitute a breach of the Contract and CITY at its sole discretion, may cancel the Contact and all rights, title and interest of Contr~tor shall thereupon cease and terminate. 10. DEFAULT: TERMINATION Eid~er party may terminate the Contract without cause at any time upon thitly (30) calendar days prior written notice to the other party. If Contractor fails to perform in ~ee.nrdance with paragraph 3 above, or is orherwi.’se in material default of its obligations under ~his ~ontract, ~ITY may immediately temainate the.Contractor by provi.ding written notice to the .Contractor. In the event of termination without cause., lhe City shall compensate the Contractor for all authorized work performed though the termination date. 11. ATTORNEYS’ FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any pan)’ to this Contract to judicially interpret or enforce this Contract, or any provision hereof, or in any dispute arising in any manner from this Contract, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the City’s liability under 768.28, Florida Statutes, the prevailing part3," shall be entitled to recover its rcasonablc costs, fees and expenses, including but not limited to. witness fees, expert fee.~, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 12. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such ~otice) hand ddivered by n~essenger or courier service, telecommunieated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To City: City Manager 10500 N. Military Trail Palm Beach Gardens, FL 33410 With a Copy To: ~Gardens City Attorney Watters0n, Hyland and..Klett. P....A. 4100 RCA Boulevard, Suite Palm Beach Gardens, FL 33410 As To Contractor: Fast Dry Courts 1400 Northwest 13~ Avenue Pompano Beach, FL 33069 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a)..on the date delivered if personal delivery. (b) on the date upon which the return receipt is signed or delivery refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. DELAY DAMAGES It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the construction of the Work is not completed within the time herein specified the City will suffer damages, the amount of which is difficult if not impossible to ascertain. It is agreed, therefore, that from the compensation other,vise to be paid to the Contractor, the City may retain the sum of $25.00 per calendar day for each day thereafter, Sundays and holidays included, that the Work remains uncompleted. This sum shall represent the damages which the City will have sustained per calendar day from the inconvenience and expense caused to the City by the delay in the completion ofthe Work. This sum is not a penalty, being the liquidated damages the City will have sustained in event of such default by the Contractor. The Cit 3, also reserves the right to recover actual damages for other harm which results from the delay. The Contractor shall be liable for liquidated damages even if the Contract is terminated by the City for cause or if the Contractor abandons the Work. The liability of the Contractor and its surety or sureties for liquidated or actual damages is joint and several. ~a,,l",,, ,~, a’3ed- ~ ~, [’t ~ ,~. ~,d~ ’r-~ 14. DISPUTE RESOLUTION~ I~’~" ,’~----._ "~ ~,~.¢.,~ Any disputes relating to interpretation of the terms of this Contract or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor i~ltd the City or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the City or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the City Administrator who shall reduce the decision to writing. The decision of the City shall be final and conclusive unless de~ermined by the court of competent juiisdiction to be fraudulent, capricious: arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 15. MEDIATION Prior to initiating any litigation concerning this Contract, the parties ao~ee to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list 0fcertified mediators available from the Clerk of Court for :t:he Chy ofpiila~ Dca,.h G,~,d,.,,s Palm Beach County. The fee of the m6diator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential mad the results of the mediation or any testimony or argmnent introduced at the mediation shall not he admissible as evidence in any subsequent proceeding concerning the disputed issue. 16. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements be~,veen the. parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit mad section headings are for convenience only. All interpretation~ shall be governed by fine laws oft.he State of Florida. In the event it is necessary for either party to initiate legal action regarding this contract, venue shall be .in. the Nineteenfa Fifteenth Judicial Circuit for Th,. City ofFaliii B,;ach ~afdeiis Palm Beach CounW, Florida, for claims under state law and the Southern District of Florida for may claims ~vhieh are justifiable in federal court. 17. ASSIGNMENT This Contract shall not be assigned by either party without the express written consent of the CITY mad the Contractor. [_Signatures on the next page] . 27 IN WITNESS WHEREOF, the City has hereunto subscribed and the Contractor ha~ signed hi~, it-~, or their narac, or namc~ the date aforesaid. CITY OF PALM BEACH GARDENS, a Florida municipal corporation~ BY: Mayor ATTEST: City Clerk APPROVED AS TO FORM AND ,~.-.,-,,~,-~-,..,~.o o LEGAL SUFFICIENCY: BY: City Attorney WITNESSES: FAST-DRY COURTS, INC., ~ Florida corp~rati~t~.._~ By: Print Name:-~o ~ t.,iO ~ EXHIBIT "A" SPECIFICATIONS A. SCOPE OF SERVICES: The work performed under this specification includes all labor, equipment, materials and supplies necessary for the application of a coating system designed for asphalt surfaces at the baskethall courts at Plant Drive park, the Basketball Courts at PGA park and the Tennis Courts at pGA park B. STANDARDS: All xvork shall be done in accordance with United States Tennis Court and Track Builders guide specifications. C. ACRYLIC COLOR SURFACE SYSTEM: I. Preparation: A.The surface shall be thoroughly cleaned of all dirt and loose debris by power blowing and sweeping. Pressure clean as necessary. B.All major cracks shall be ground flat, cleaned of dirt and filled with tennis court crack filler. C.The surface shall be flooded with water and allowed to drain; if remaining water covers a five-cent piece in any area after ½ hour, that area shall be patched and leveled. Depressions %" or less: Apply patch material with a squeegee .Or trowel to a cleaned and primed area, feathered out to a fine edge. D.Depressions ¼"’to ¾" in depth: Apply patch material with a straight edge, metal or wood, to a cleaned and primed area, feathered out to a fine edge. E.Depressions in excess of ¾" in depth, multiple applications must be used, allowing 24 hours curing time between applications. Prime area between applications. Surfacing: Ao The area to be re-surfaced shall he completed using; One coat (s) of Acrylic Resurfacer (or approved equal) Three coats of Acrylic ColorCoat (or approved equal) B. All materials shall be delivered to the job site in sealed containers with the manufacturers label affixed. C. The surface to be coated shall be inspected and made sure to be free o1" grease, oil, dust, dirt and other foreign mattcr before starting work. 3. Application 29 A. Application shall proceed only if the surface is dry and clean and the temperature is at least 50 degrees Fahrenheit and rising and the surface tcmp~rattue is llot in cxccs,s of 140 degrees Fahrenheit. (1) Each coat shall be applied 90 degrees to the previous coat (2) After each coat is allowed to dry, inspect entire surface. Any defects should be repaired. Scrape surface to remove any lumps and broom or blow off all loose matter. C. Apply playing lines Four hours minimum after completion of color rcsuffacing, 2" wide playing lines shall be accurately located, marked and painted with white acrylic line paint as specified by the U.S. Tennis Court Builder’s Association. EXHIBIT "B" CITY OF PALM GARDENS BID FORM~ The undersigned agrees to furnish all labor, supervision, materials, equipment and supplies necessary for the resurfacing of the courts as specified herein. $_14,500 Delivery must be F.O.B. Palm Beach Garden.s, Florida. Addenda received:~.r~’, i ~-~, ,,1.a ~, / Manufacturer Proposed:__California Products and Plexipave Model Proposed: Warranty:.24 Months Temls: Delivery: Manufacturer’s Literature and Specifications must be submitted with Bid. Company Name:Fast Dry Courts By: Address: Frattk Froehling 1400 NW 13 Ave Pompano Beach, FL 33069 Telephone: Date: Signature: Title: 954-979-3111 Fax: 954-978-8479 March 1 I, 2001 Sales Manager CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 SUBJECT/AGENDA ITEM Consideration of Approval: Resolution 79, 2001, a request for approval of a Site Plan within a Planned Community Development (PCD), providing for approval of a Golf Maintenance Facility located on a 3.2 acre site.within the Frenchman’s Reserve Planned Community Development (31-41S-43E) RECOMMENDATION Staff recommends approval of Resolution 79, 2001. Originating Dept.: ~Management Advertised: Date: Paper: Reviewed by: ~ City Attorney Finance NA ACM Human Res. NA Other NA rowth Manage~en~ Director Ap p,~ City’lV~n’~’E ~~ [X] Not Required Affected parties __[_ ] Notified [X] Not required Costs: $, Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯Resolution 79, 2001 ¯Legal Description ¯Site Plan ¯Landscape Plan [ ] None City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-28 BACKGROUND On March 15, 2001, City Council adopted Ordinance 4, 2001, which approved the Master Plan for Frenchman’s Reserve Planned Community Development (PCD). This petition shall be subject to all applicable PCD requirements. LAND USE & ZONING The subject site is zoned PCD with an underlying zoning of RL-3 and has a future land- use designation of RL. The proposed use is consistent with the Land Development Regulations and the Comprehensive Plan. CONCURRENCY Concurrency for this site was established prior to the approval of the Frenchman’s Reserve PCD, therefore this site is vested in terms of concurrency. PROJECT DETAILS Building The proposed buildings will be built of pre-finished steel wall sheets and will have multiple steel roll-up garage doors with a factory finish. Location The site is bounded on the west by Alternate A1A, on the south and east by Unincorporated Palm Beach County development Cabana Colony, and on the north by Frenchman’s Reserve. Site Access The site will have a single access point off of Altemate A1A and a bridge will provide ingress/egress to the site across the public canal. The applicant is in the process of obtaining an easement across the canal right-of-way. S~clnaQe There are no signs associated with this site plan approval. Landscaping/Bufferinq The applicant has provided a 36’ buffer with a six-foot berm surrounding the site along the property lines adjacent to residential homes. The applicant exceeds the points required for landscaping on the site. 2 City Council Meeting Date: May t7, 2001 Date Prepared: April 25, 2001 Petition SP-00-28 Phasing Development of this parcel will be done in a single phase. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts,out falling into the on-site stormwater retention area for water quality purposes. Waivers The petitioner is requesting waivers from the following code requirements: Code Section Required Provided Waiver Section 161 - Foundation landscaping and plantings Section 179 - Construction and Maintenance Section 95 - Illumination of uses and buildings Section 75 - Minimum Rear Building Setback 5 foot wide Foundation landscaping required around one-story buildings and structures 10 foot wide parking spaces .6 foot candles in pedestrian areas 1 foot candle in vehicle use areas 7.5 feet or 10% of lot width whichever is greater Required = 19.25 feet No foundation landscaping provided 9.5 foot wide parking spaces. Less than .6 foot candles 10 feet Complete waiver to the minimum .5 feet Less than .6 foot candles 9.25 feet Staff Recommendation Support Support Support Support The petitioner has provided adequate justification for all waivers. PLANNING AND ZONING COMMISSION At its March 6, 2001 meeting, ’the Planning and Zoning Commission reviewed this application and had the following comment: "Ensure that lighting is installed within the parking area of the maintenance facility." The applicant has responded by submitting a lighting plan for this parking lot. The City Engineer has reviewed the plan and has found that the minimum footcandles meet code. 3 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Pet]tlon SP-00-28 At its May 8, 2001 meeting, the Planning and Zoning Commission unanimously recommended approval of petition SP-00-28 with conditions of approval. The Commission also unanimously recommended approval of the four waivers requested from the Land Development Regulations. STAFF RECOMMENDATION Staff recommends approval of petition SP-00-28 with conditions of approval, and approval of the following waivers from the Land Development I~egulations: (1)Section 161 Foundation landscaping and plantings. The applicant is proposing no foundation landscaping around the base of the structure. The LDRs require that all one-story buildings have a five-foot wide landscaped foundation planting area. (2)Section 179 Construction and maintenance. The applicant is proposing 9.5-feet wide parking stalls. The LDRs require parking stalls be. a minimum of ten-feet wide. (3)Section 75 Minimum side setback. The applicant is proposing a side setback of 12 feet for Maintenance Building B. The LDRs require a,minimum side setback of 10% of lot width or 19.5 feet. (4)Section 95 Illumination of uses and buildings. The applicant is proposing footcandles below the minimum standards required by code. The LDRs require a minimum of .6 foot candles in pedestrian areas and 1 foot candle in vehicular use areas. \\FILE_SRV~COMPROG\Short Range~sp0028cc.doc 4 35 April 25, 2001 RESOLUTION 79, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR A GOLF COURSE MAINTENANCE FACILITY LOCATED WITHIN THE FRENCHMAN’S RESERVE PLANNED COMMUNITY DEVELOPMENT, APPROXIMATELY ONE- QUARTER MILE SOUTH OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE AIA, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Land Design South, agent for Toll Brothers, Inc., for site plan approval of a golf course maintenance facility within the Frenchman’s Reserve PCD, located approximately ¼ mile south of the intersection of Hood Road and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks four waivers as part of site plan approval; and WHEREAS, the 3.2-acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL-3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 8, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for a golf course maintenance facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY- OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS; Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for a 3.2 acre golf course maintenance facility located within the Frenchman’s Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: (1)Prior to the issuance of the first building permit, the applicant shall submit to the City a revised landscape plan, indicating safe site triangles and curb radii at the intersection of Alternate A1A and the Golf Maintenance Entrance Drive, for review and acceptance by the City Engineer (City Engineer). (2)Prior to the issuance of the first building permit, the app, licant shall submit a revised lighting plan indicating pole heights at a maximum of twelve feet. This shall become the lighting plan of record. Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following four waivers with this approval: (1)Section 161 Foundation landscaping and plantings. The applicant is proposing no foundation landscaping around the base of the structure. The LDRs require that all one-story buildings have a five-foot wide landscaped foundation planting area. (2)Section 179 Construction and maintenance. The applicant is proposing 9.5-feet wide parking stalls. The LDRs require parking stalls be a minimum of ten-feet wide. (3)Section 75 Minimum side setback. The applicant is proposing a side setback of 12 feet for Maintenance Building B. The LDRs require a minimum side setback of 10% of lot width or 19.5 feet. (4)Section 95 Illumination of uses and buildings. The applicant is proposing footcandles below the minimum standards required by code. The LDRs require a minimum of .6 foot candles in pedestrian areas and 1 foot candle in vehicular use areas. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing Section 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: (1) (2) (3) (4) (5) May 7, 2001 Site Plan, Land Design South, 1 Sheet May 7, 2001 Landscape Plan and Detail Sheet, Krent Wieland and UDS, Sheet LA-M1, and MLS-I. April 9, 2001 Floor Plans and Elevations, Stephen A. Brock, Sheets A-1 and A-2 May 7, 2001 Conceptual Water, Sewer and Drainage Plan, Wantman Group, 1 Sheet March 27, 2001 Boundary and Topographic Survey, Wantman Group, 1 Sheet Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THISTHE DAY OF 2001. JOSEPH RUSSO, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROL GOLD, CMC,City Clerk LEONARD RUBIN, C~TY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSONCLARK COUNCILPERSONFURTADO COUNCILPERSONSABATELLO AYE NAY ABSENT \\FILE_SRV~COMPROG\Short Range\sp0028re.doc LAND- LEGAL DESCRLtrI’ION Parcel 29.01 A pm’c~l of land lying in Sections 31 and 32, Towr~hip 41 South. Range 43 F_a~. Palm Beach County, Florida~ bcing more particuMrly described as follows: . That portion of $~’tion 3 I, Township 41 South. Range 43 ~ P~flrn Btmch Counw, ~- C~A CO~ P~T NO. I ~ ~ in P~ ~ 26, ~ 203 ~ 2~ of~ TOGE~ ~ ~e No~ ~ ~. V4) ~f~oi ~2, To~Mp 41 S~ ~v LF.~$ AND P.~CI~;rHNG that. IXl~.’oa of t strip of ~ ~.5.00 f~t in width imrall~ with and ~]~eent to ~e W~tt risht of w~ lin©.of I~~ F=-ms Ro~d l#n$ t= t~ NorOtw~ quart~ (NW 1/4) of S~’tion 3~, Town.~p 41 So~t, Rang~ 43 ~ ALSO l.~S AND EXCEPTING therefrom that certain tract of land des~rtq~ed in Official Records Book 9039, pa~c 271, public records of Palm Berth County, Florida. N 01"I+~I0"~ II,I N 01"55"4~p+ I ;iS OI*L~’IO"W 270.00’ FRENCHMAN’S RESERVE P~J+~~O~. r_°._~.s~.gZ~.~’ me. LAND; DESIGN! SOUTH ALTERNATE AIA L 45.00" Z Frenchman’s Reserve Palm Beach Gardens, Florida Maintenance Landscape Plan $ 01"l ~’lO’W 270.00’ Last Revised: Original: April 25, 2001 Revision 1: May 16, 2001 RESOLUTION 80, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "POD G" LOCATED WITHIN THE FRENCHMAN’S RESERVE PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 36 SINGLE-FAMILY HOMES, LOCATED APPROXIMATELY 1/,, MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE AIA, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Land Design South, agent for Toll Brothers, Inc., for site plan approval of "Pod G" within the Frenchman’s Reserve PCD, allowing for the development of 36 single-family homes, located approximately 1/, mile east of the intersection of Hood Road and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks five waivers as. part of site plan approval; and WHEREAS, the 11-acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL-3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 8, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for,36 single-family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS; Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Pod G" within the Frenchman’s Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the development of 36 single-family homes Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: (1)Prior to issuance of the first vertical building permit for Phase III, the applicant shall remove the temporary type "D" curb between lot 26 and 35 and construct a continuous 24-inch valley gutter meeting the requirements of LDR Section 248 (City Engineer). (2)Prior to issuance of the first building permit, excluding permits for clearing of exotic vegetation, the applicant shall submit detailed construction plans for review and approval by the City that specifies all striping within the paver brick area for stop bar and crosswalk identification will be paver brick of appropriate color in place of tape or paint (City Engineer). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five waivers with this approval: (1)Section 75, Maximum Lot Coverage, to allow for 55% lot coverage. The Land Development Regulations require a maximum of 35% lot coverage. (2)Section 75, Front Setback, to allow for 22-foot front setback. The Land Development Regulations require a minimum 25-foot front setback. (3)Section 75, Rear Setback, to allow for a three-foot rear setback for parcels adjacent to a preserve area, and to allow for a zero-foot rear setback for parcels not adjacent to a preserve area. (4)Section 75, Side Setback, to allow for screen enclosure setback of 3.5 feet for 80- foot non-zero lot line homes. The Land Development Regulations require a minimum eight-foot setback for screen enclosures. A minimum seven-foot clear zone must be maintained between screen enclosures. (5)Section 265, to allow for four-foot sidewalks on either side of the street. The Land Development Regulations require five-foot sidewalks on both sides of the street. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing Section 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: (1) (2) May 7, 2001 Site Plan, Land Design South, 1 Sheet November 6, 2000 Prototypical Unit Landscape Plans, Krent Wieland and UDS Sheets LA-PM1 - PM4. (3) (4) (5) (6) (7) May 7, 2001 Model Park/Piazza Landscape Plan, Krent Wieland and UDS, Sheets LAH 1-LAH3. November, 2000 Floor Plans and Architectural Elevations, Toll Architecture, 12 Sheets April 12, 2001 Lighting Plans, Lighting Dynamics, 1 Sheet May 7, 2001 Conceptual Water, Sewer and Drainage Plan, Wantman Group, 2 Sheets March 23, 2001 Boundary Survey, Wantman Group, 1 Sheet Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. ATTESTED BY: JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROL GOLD, CMC,City Clerk LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNClLPERSON CLARK COUNClLPERSON FURTADO COUNCILPERSON SABATELLO \\FILE_SRV\COMPROG\Short Range\sp0029re.doc AYE NAY ABSENT Last Revised: Original: April 25, 2001 :Revision 1: May 16, 2001 RESOLUTION 80, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "POD G" LOCATED WITHIN THE FRENCHMAN’S RESERVE PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 36 SINGLE-FAMILY HOMES, LOCATED APPROXIMATELY 1/,~ MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE AIA, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Land Design South, agent for Toll Brothers, Inc., for site plan approval of "Pod G" within the Frenchman’s Reserve PCD, allowing for the development of 36 single-family homes, located approximately 1/, mile east of the intersection of Hood Road and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks five waivers as part of site plan approval; and WHEREAS, the 11-acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL-3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 8, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for 36 single-family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS; Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Pod G" within the Frenchman’s Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the development of 36 single-family homes Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: (1)Prior to issuance of the first vertical building permit for Phase III, the applicant shall remove the temporary type "D" curb between lot 26 and 35 and construct a continuous 24-inch valley gutter meeting the requirements of LDR Section 248 (City Engineer). (2)Prior to issuance of the first building permit, excluding permits for clearing of exotic vegetation, the applicant shall submit detailed construction ,plans for review and approval by the City that specifies all striping within the paver brick area for stop bar and crosswalk identification will be paver brick of appropriate color in place of tape or paint (City Engineer). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five waivers with this approval: (1)Section 75, Maximum Lot Coverage, to allow for 55% lot coverage. The Land Development Regulations require a maximum of 35% lot coverage. (2)Section 75, Front Setback, to allow for 22-foot front setback. The Land Development Regulations require a minimum 25-foot front setback. (3)Section 75, Rear Setback, to allow for a three-foot rear setback for parcels adjacent to a preserve area, and to allow for a zero-foot rear setback for parcels not adjacent to a preserve area. (4)Section 75, Side Setback, to allow for screen enclosure setback of 3.5 feet for 80- foot non-zero lot line homes. The Land Development Regulations require a minimum eight-foot setback for screen enclosures. A minimum seven-foot clear zone must be maintained between screen enclosures. (5)Section 265, to allow for four-foot sidewalks on either side of the street. The Land Development Regulations require five-foot sidewalks on both sides of the street. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing Section 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: (1) (2) May 7, 2001 Site Plan, Land Design South, 1 Sheet November 6, 2000 Prototypical Unit Landscape Plans, Krent Wieland and UDS Sheets LA-PM1 - PM4. 2 (3) (4) (5) (6) (7) May 7, 2001 Model Park/Piazza Landscape Plan, Krent Wieland and UDS, Sheets LAH 1 -LAH 3. November, 2000 Floor Plans and Architectural Elevations, Toll Architecture, 12 Sheets April 12, 2001 Lighting Plans, Lighting Dynamics, 1 Sheet May 7, 2001 Conceptual Water, Sewer and Drainage Plan, Wantman Group, 2 Sheets March 23, 2001 Boundary Survey, Wantman Group, 1 Sheet Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. ATTESTED BY: JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROL GOLD, CMC,City Clerk LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNClLPERSON CLARK COUNClLPERSON FURTADO COUNCILPERSON SABATELLO \\FILE_SRV~COMPROG\Short Range\sp0029re.doc AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 SUBJECT/AGENDA ITEM Consideration of Approval: Resolution 80, 2001, a request for approval of a Site Plan within a Planned Community Development (PCD), providing for approval of "Pod within the Frenchman’s Reserve Planned Community Development, allowing for the development.of 36 single-family homes. (31-41S-43E) RECOMMENDATION Staff recommends approval of Resolution 80, 2001. Reviewed by:,/~ City Attorney Finance NA ACM Human Res. NA Other NA wth Managemem Director Approved_._.by: City Originating Dept.: ~Management Advertised: Date: Paper: [X] Not Required Affected parties [ ] Notified [X] Not required Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Resolution 80, 2001 ¯ Legal Description ¯ Site Plan ¯ Landscape Plan ¯ Code Comparison, Land Use Tables. [ ] None 42 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-29 BACKGROUND On March 15, 2001, City Council adopted Ordinance 4, 2001 which approved the Master Plan for the Frenchman’s Reserve Planned Community District (PCD). This petition shall be subject to all applicable PCD requirements. LAND USE & ZONING The subject site is zoned PCD with an underlying zoning of RL-3 and has a future land- use designation of RL-Residential Low. The proposed use is consistent with the City’s Comprehensive Plan. CONCURRENCY Concurrency for this site was established prior to the approval of the Frenchman’s Reserve PCD, therefore this site is vested in terms of concurrency. PROJECT DETAILS Buildinqs The proposed plan of development is for 36 single-family dwelling units, including seven homes on "non-zero" lots (80’X 140’) and twenty-nine "zero lot line" homes (65’ X 140’), on 11.00 acres at a density of 3.27 dwelling units/acre. Site Access Access to the site is available from the proposed Hood Road extension, which shall be constructed by the petitioner. The Hood Road extension shall connect Alternate A1A with Prosperity Farms Road, as required by the City’s Comprehensive Plan. The internal PCD "spine road" shall access Pod G and all other Residential Parcels within the proposed PCD, with the exception of one (Parcel H). The spine road shall intersect with the Hood Road extension at a proposed roundabout. Siqna(~e There are. no signs proposed as part of this site plan approval, however, the location of the entrance signage has been noted on both the site plan and the landscape plan. The applicant is concurrently processing an application for entry signage throughout the PCD, which will incorporate the Pod G signage as part of that review and approval. 2 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-29 Landscaping/Bufferinq The petitioner is proposing common, area plantings within the front entry feature (not part of this approval) as well as a streetscape plan for Pod G, and proto-typical model minimum landscaping plans for each lot size (65 X 140 and 80 X 140) and single story versus two story homes. The petitioner is providing 35% open space in the development and 0.2 acres set aside for common open space. Although the applicant has indicated the minimum landscaping will be provided, a breakdown of the points for the prototypical landscaping plans has not been provided. Therefore, additional information is required to determine compliance with the Code. Phasinq ¯ Pod G is the proposed ’Model Park’ and development of this parcel will be done in three separate phases. Phase I includes a sales model center, parking area and six prototypical units (dry models). All units will be accessible only by pedestrian traffic and the roadway will be completely landscaped with sidewalks and cart paths for access. Phase II will extend a roadway along the front of the six units and extend the driveways for vehicular access. Six new model units will be completed on the west side of the pod with only pedestrian access. Phase III completes the roadway, which will include a landscaped median with fountain features and arched gazebos. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into the on-site stormwater retention area. 3 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-29 Waivers The petitioner is requesting waivers from the following code requirements: Code Section Required Provided Waiver Section 75 -Maximum of 35%55%20% Maximum Lot Coverage Section 75 - Side Setback, Screen Enclosure 7.5 feet 3 feet - non-zero side 4,5 feet Staff Recommendation Support Denial* Section 75 - Front 25 feet 22 feet -3 feet Support Setback 10 feet SupportSection 75 - Rear Setback 8 feet 10 feet 25 feet 5 foot sidewalks required on both sides of the street Section 75 - Side Setback, Screen Enclosure 0 feet - non- preserve 3 feet - non-zero side 0 feet - non- preserve 3 feet - preserve Single family - 22 feet 4 foot sidewalk on both sides of the street Section 75- Rear Setback 10 feet/7 feet preserve 5 feet 10 feet/7 feet 3 feet One (1) foot Section 75 - Front Setback Section 256 - Sidewalks Modification: Staff supports the waiver request for one side of lot only.* Support Support Suppo~ * An analysis of the waivers which staff does not support is as follows: Section 75 - Side Setback, Screen Enclosure, 65 foot lots Due to noise and access concerns, staff does not support a three-foot setback for screen enclosures on a non- zero side. Recommendation The applicant should maintain a ten-foot setback for screen enclosures along non-zero property lines in order to maintain the ten-foot building separation and seven-foot "clear zone" approved as part of the PCD Master Plan. 4 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-29 Section 75 - Side Setback, Screen Enclosure, 80 foot lots Due to noise and access concerns, staff shall only support waivers from side setback requirements for screen enclosures when a minimum of 10 feet is provided between mechanical equipment and buildings on at least one side of the building. Recommendation The applicant should maintain a ten-foot setback for screen enclosures on one side of the lot. Therefore, staff only supports a three-foot setback from one property line. The applicant must maintain the ten-foot building separation and seven-foot "clear zone", as approved by the PCD Master Plan. PLANNING AND ZONING COMMISSION On March 6, 2001, the Planning and Zoning Commission reviewed this petition and had the following comment: "Ensure that lighting is installed at the temporary model center parking lot." The applicant has responded by submitting a lighting plan for this parking lot. The City Engineer has reviewed the plan and has found that the minimum footcandles meet code. STAFF RECOMMENDATION Staff recommends approval of petition SP-00-29 with conditions, and of the following waiver requests from the LDRs: (1)Section 75, Maximum Lot Coverage, to allow for 55% lot coverage. The Land Development Regulations require a maximum of 35% lot coverage. (2)Section 75, Front Setback, to allow for 22-foot front setback. The Land Development Regulations require a minimum 25-foot front setback. (3)Section 75, Rear Setback, to allow for a three-foot rear setback for parcels adjacent to a preserve area, and to allow for a zero-foot rear setback for parcels not adjacent to a preserve area. (4)Section 75, Side Setback, to allow for screen enclosure setback of three feet for 80-foot non-zero lot line homes on one interior lot line. The applicant shall maintain the required eight foot setback from one interior lot line. The Land Development Regulations require a minimum of eight foot setback for screen 5 City Council Meeting Date: May 17, 200t Date Prepared: April 25, 2001 Petition SP-00-29 enclosures. A minimum 10-foot clear zone must be maintained on one side of each lot. (5)Section 265, to allow for four-foot sidewalks on either side of the street. The Land Development Regulations require five-foot sidewalks on both sides of the street. Staff is recommending denial of the following waiver request from the LDRs: (1)Section 75, Side Setback, to allow for screen enclosure setbacks of three feet for 65-foot zero lot line homes. A minimum 7.5-foot setback is required for screen enclosures on non-zero sides. A three-foot setback woul’d not allow for a 10-foot clear zone between zero-lot line homes. \\FI LE_S RV~COMPROG~Short Range~sp0029cc.doc 6 April 25, 2001 RESOLUTION 80, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "POD G" LOCATED WITHIN THE FRENCHMAN’S RESERVE PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 36 SINGLE-FAMILY HOMES, LOCATED APPROXIMATELY 1/4 MILE EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE AIA, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Land Design South, agent for Toll Brothers, Inc., for site plan approval of "Pod G" within the Frenchman’s Reserve PCD, allowing for.the development of 36 single-family homes, located approximately ¼ mile east of the intersection of Hood Road and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks five waivers as part of site plan approval; and WHEREAS, the 11-acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL-3, and a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 8, 2001, the Planning and Zoning Commission recommended approval of the subject site plan for 36 single-family homes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS; Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Pod G" within the Frenchman’s Reserve PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the development of 36 single-family homes Section 2. Said site plan approval shall comply with the following cconditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: 48 (1)Prior to issuance of the first vertical building permit for Phase III, the applicant shall remove the temporary type "D" curb between lot 26 and 35 and construct a. continuous 24-inch valley gutter meeting the requirements of LDR Section 248 (City Engineer). (2)Prior to issuance of the first building permit, excluding permits for clearing of exotic vegetation, the applicant shall submit detailed construction plans for review and approval by the City that specifies all striping within the paver brick area for stop bar and crosswalk identification will be paver brick of appropriate color in place of tape or paint (City Engineer). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five waivers with this approval: Section 75, Maximum Lot Coverage, to allow for 55% lot coverage. The Land Development Regulations require a maximum of 35% lot coverage. (2)Section 75, Front Setback, to allow for 22-foot front setback. The Land Development Regulations require a minimum 25-foot front setback. (3)Section 75, Rear Setback, to allow for a three-foot rear setback for parcels adjacent to a preserve area, and to allow for a zero-foot rear setback for parcels not adjacent to a preserve area. (4)Section 75, Side Setback, to allow for screen enclosure setback of three feet for 80-foot non-zero lot line homes on one interior lot line. The applicant shall maintain the required eight foot setback from one interior lot line. The Land Development Regulations require a minimum of eight foot setback for screen enclosures. A minimum 10-foot clear zone must be maintained on one side of each lot. (5)Section 265, to allow for four-foot sidewalks on either side of the street. The Land Development Regulations require five-foot sidewalks on both sides of the street. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing Section 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: (1) (2) (3) May 7, 2001 Site Plan, Land Design South, 1 Sheet November 6, 2000 Prototypical Unit Landscape Plans, Krent Wieland and UDS Sheets LA-PM1 - PM4. May 7, 2001 Model Park/Piazza Landscape Plan, Krent Wieland and UDS, Sheets 2 49 (4) (5) (6) (7) LAH1-LAH3. November, 2000 Floor Plans and Architectural Elevations, Toll Architecture, 12 Sheets April 12, 2001 Lighting Plans, Lighting Dynamics, 1 Sheet May 7, 2001 Gonceptual Water, Sewer and Drainage Plan, Wantman Group, 2 Sheets March 23, 2001 Boundary Survey, Wantman Group, 1 Sheet Section 6. This Resolution shall be effective upon adoption. PASSED AND APPROVED THISTHE DAY OF 2001. ATTESTED BY: JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM ANB SUFFICIENCY: CAROL GOLD, CMC,City Clerk LEONARD RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO \\FILE_SRV~COMPROG\Short Range\sp0029re.doc AYE NAY ABSENT 3 DESCRIPTION: PARCEL OF LAND SITUATE IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, ,LM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: )MMENC.ING AT THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 31; THENCE )UTH 02"10’27" WEST, ALONG THE EAST.LINE OF THE NORTHEAST ONE-QUARTER (NE ’4) OF SAID SECTION 31, A DISTANCE OF 2368.13 FEET; THENCE NORTH 87"49’33" ~ST, DEPARTING SAID EAST LINE, A DISTANCE OF 3796.14 FEET TO THE POINT OF ~GINNING; THENCE SOUTH 28"21’03" WEST, A DISTANCE OF 250.93 FEET TO THE )INT OF CURVATURE OF" A CURVE CONCAVE TO THE NORTHWEST HAVING RADIUS OF ~4.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A ~NTRAL ANGLE OF 73"36"49", A DISTANCE OF 544.76 FEET TO THE POINT OF ~NCENCY; THENCE NORTH 78"02’08" WEST,A DISTANCE OF 295.12 FEET TO THE )INT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF $.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ~GLE OF 24"19’23" A DISTANCE OF 10.61 FEET TO THE POINT OF REVERSE JRVATURE OF A CUR~E CONCAVE TO THE NORTH HAVING A RADIUS OF 336.72 FEET; ~ENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34" }’08", A DISTANCE OF 204.53 FEET; THENCE NORTH 11"57’52" EAST, A DISTANCE : 191.49 FEET; THENCE NORTH 78"02’08" WEST, A DISTANCE OF 10.24 FEET; ~ENCE NORTH 11"57"52" EAST, A DISTANCE OF 192.86 FEET TO A POINT ON A )N-TANGENT CURVE CONCAVE TO THE SOUTH.HAVING A RADIUS OF 291.62 FEET WHICH A RADIAL LINE BEARS SOUTH 01"39’06" EAST; THENCE EASTERLY ALONG ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF .41"06’07", A DISTANCE OF 9 FEET TO THE POINT OF REVERSE CURVATURE OE A CURVE CONCAVE TO THE )RTHEAST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC : SAID CURVE THROUGH A CENTRAL ANGLE OF 27"29’09", A DISTANCE OF 11.99 ZET TO THE POINT OF TANGENCY; THENCE SOUTH 78"02’08" EAST, A DISTANCE OF 16.28 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST kVlNG A RADIUS OF 190.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID JRVE THROUGH A CENTRAL ANGLE OF 73"36’49", A DISTANCE OF 244.11 FEET TO dE POINT OF TANGENCY; THENCE NORTH 28"21"03" EAST, A DISTANCE OF 45.54 EET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A kDIUS OF 499.55 FEET; THENCE NORTHEASTERLY ALONGTHE ARC OF SAID CURVE HROUGH A CENTRAL ANGLE OF 35"03’40", A DISTANCE OF 305.69 FEET TO THE )INT OF TANGENCY; THENCE NORTH 06"42’37" WEST, A DISTANCE OF 6.48 FEET; HENCE NORTH 83"17’23" EAST, A DISTANCE OF 190.00 FEET; THENCE SOUTH 07" 7’02" EAST, A DISTANCE OF 46.58 FEET; THENCE NORTH 83"17’23" EAST, A ISTANCE OF 144.21 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE kST HAVING A RADIUS OF 300.00 FEET FROM WHICH A RADIAL LINE BEARS NORTH ¢’13’33" EAST; THENCE SOUTHERLY ALONG THE ARC OF SA~ID CURVE THROUGH A ENTRAL ANGLE OF 6"05"13", A DISTANCE OF 31.87 FEET TO THE POINT OF REVERSE ~RVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 367.00 FEET; HENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50" Z’42", A DISTANCE OF 321.62 FEET TO THE POINT OF BEGINNING. 3NTAINING 479,237 SQUARE FEET OR 11.002 ACRES, MORE OR LESS. 51 / / I I Toll Brothers ,," ,,,,.,. ’, ,., Frenchman’s Reserve [ ~ ~I !,t | ~ II m Palm Eleach Gardens, Florida - Model Park / Pia=a llllllill~Iil Frenchman s Reserve Palm Beach Gardens, Florida Model Park/Piazza Palm IReach Gardens, Florida Model Park Piazza Subject Property Vacant/Undeveloped North Frenchman’s Reserve Pod ’A’ South Frenchman’s Reserve Golf Maintenance Facility Unincorporated Palm Beach County ~ Cabana Colony Residential Community East Frenchman’s Reserve Upland Preserve Frenchman’s Forest County Preserve West Alternate A1A, FEC Railroad Seacoast Utilities Planned Development Area (PDA) Residential Low - 3 (RL-3) w/Planned Community District (PCD) Overlay Residential Low - 3 (RL-3) w/Planned Community District (PCD) Overlay Palm Beach County Residential Medium Residential Low - 3 (RL-3) w/Planned Community District (PCD) Overlay Planned Development Area Residential - Low (RL) .Residential - Low (RL) Residential Low (RE) Palm Beach County" RM-5 Residential Low (RL) Conservation Public/Institutional Public Maximum Density for: RL-3 = 5 du/acre 3.27 du/acre Yes Minimum Site Area for RL-3: 6,500 SF 9100 SF/11200 SF Yes Minimum Site Width for: RL-3 = 65 feet 65’Yes Maximum Building Lot Coverage for RL-3: 35%55%No Maximum Building Height for RL-3:36 feet 36’Yes Front Setback for RL-3:Single family - 22 feet No 25 feet Zero lots - 24 feet No Side Setback for:7.5 No RL-3 = >7.5 feet or 10% lot . width 0 No Side Setback Facing a Street ’N/A Yes for: RL-3 = 20 feet Rear Setback for:Single Family - 15 feet Yes RL-3 = 10 feet Zero Lots - 10 feet Yes <7.5 feet on lots NoMinimum Building Separations: 10 feet between buildings and mechanical equipment Required Parking: =>2/dwelling unit or l/bedroom Minimum Landscaping Points (Common Space): 15,645 2 car garage and 2 spaces in driveway Insufficient Information on Plans Yes 57 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: May 7, 2001 Subject/Agenda Item Agreement for Mass Care Host Shelters by and .between Palm Beach County Chapter of the American Red Cross and the City of Palm Beach Gardens. Recommendation/Motion: Staff recommends approval of Resolution 83, 2001 Agreement for Mass Care Host Shelters by and between Palm Beach County Chapter of the American Red Cross and the City of Palm Beach Gardens. Reviewed City Attorn~~ Finance ACM Human Res. Other Originating Dept.: Fire-Rescue Advertised: Submitted b~ Peter T. BergeI,TiFe-C~ Department Head Affected parties ~~--[---]-Notified [ X ] Not required Date: Paper: [ X ] Not Required Costs: $ 0 Total $ 0 Current FY Funding Source: [ ] Operating [X] Other N/A Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Budget Acct.#:: N/A Attachments: Staff Report Resolution Agreement None BACKGROUND: See attached Staff Report. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Council APPROVED: Ronald M. Fen-is, City Manager FROM: Peter T. Bergel, Fire Chief~----~~ SUBJECT: DATE: May 7, 2001 American Red Cross Agreement for Mass Care Host Shelters Background In January 2001, the City of Palm Beach Gardens was approached by the Palm Beach County Chapter of the American Red Cross to designate the Burns Road and Riverside Drive community centers as mass care host shelters. These shelters, once designated, will only be opened in the case of localized disasters. Discussion The mission of American Red Cross Disaster Services is to ensure nationwide disaster planning, preparedness, community disaster education, mitigation, and response that will provide the American people with quality services delivered in a uniform, consistent, and responsive manner. The American Red Cross responds to disasters such as hurricanes, floods, earthquakes, and fires or other situations that cause human suffering or create human needs that those affected earmot alleviate without assistance. It is an independent, humanitarian, voluntary organization, not a government agency. All Red Cross assistance is given free of charge, made possible by the generous contribution of people’s time, money, and skills. The most visible and well-known of Red Cross disaster relief activities are sheltering and feeding. The Red Cross opens shelters for those displaced by a disaster and provides meals and snacks to families and to emergency workers in affected areas. An integral part of the Red Cross Disaster Service’s mission is to prepare for disasters before they occur. A disaster response plan identifies what resources will be needed for specific disasters and how those resources should be coordinated and used. Material resources--supplies, vehicles, communications equipment, etc.--are strategically located around the United States, its territories and possessions, and are ready to move into a disaster-affected area at a moment’s notice. Resolution, 2001 May 7, 2001 Page 2 Recommendation Staff recommends approval of Resolution 83, 2001 Agreement for Mass Care Host Shelters by and between Palm Beach County Chapter of the American Red Cross and the City of Palm Beach Gardens. Ptb: PTB cc: file DESCRIPTION OF EMERGENCY SERVICES The American Red Cross defines a disaster as an incident such as a fire, flood, tornado, storm, blizzard, chemical accident, or other event that causes human suffering and need that victims cannot alleviate without assistance. The Red Cross responds to disasters when contacted by local first responders or the victims when the family does not have the resources to provide for themselves. After 4:30 p.m:, an answering service ~iil contact the volunteer’s on-call to respond to the disaster. The volunteers on-call will re-contact your office (usually non-emergency dispatch officer) to verify the information and or to request for additional assistance. EMERGENCY ASSISTANCE PHONE NUMBERS: Monday - Friday 8:30am - 4:30pro: Direct Dial into Disaster Services (561) 833-7711 ext.102 After 4:30 p.m. and weekends:(561) 833-7711 (800) 833-0599 ARC KEY DISASTER PERSONNEL Manager, Emergency Services:Bill Dion (561) 650-9100 Coordinators, Disaster:Tonya Love (Operations) (561) 650-91(;2 ccll/pgr. (561) 718-3528 Wayne McGuffin (Preparedness) (561) 650-9104 Coordinator, Conununity & Military Casework Linda Mullin (561) 650-9101 YOUR LOCAL BRANCH MANAGERS West County Mary Blakeney (561) 992-9703 (561) 719-8994 South County Patti Halpem (561) 994-6020 (561) 718-0164 North County Susie McCann (561) 622-8003 ASSISTANCE TO I)ISASTEI~. VICTiSIS: 61 Within 2 hours of notification, the Red Cross Disaster Action Team (DAT), will arrive at the disaster scene, and may assist disaster victims with the following services: ¯Temporary Housing ¯Food/Groceries -Comfort Kit ¯Clothing -Medication ¯Crisis Counseling Items are disbursed on the disaster caused need. These items are given free of charge because they are a gift of the American people (donors). CANTEEN SERVICE TO FIRE/POLICE/SAFETY PERSONNEL: In the event of a disaster in which first responder personnel will remain on the scene for multi shifts and/or extended periods of time, and/or is located in a remote area, the American Red Cross will provide beverage/canteen service, if requested. An Emergency Response Vehicle (ERV) is used for the service. Please allow a minimu,u of 2 hours for the vehicle to arrive at the scene. The process of volunteers responding from home and preparing the vehicle with food and beverage requires time. Please contact the Red Cross as soon as you know that first responders will be on ,the scene beyond the normal shift. Please consider the length of time that the Red Cross will get to the scene and the amount of time left for the disaster, this is inaportant if the operation is completed early and Red Cross canteen service needs to be canceled. We we:aid like to avoid wasted food and beverage. Please remember...this service must be requested! Our volunteers do not automatically bring refreshments to disaster scenes. if you have any questions, please contact Tonya Love, Operations Specialist at (561) 650-9102, or (561) 718-3528 LARGE DISASTERS / EMERGENCY MASS CARE: In the event of a large disaster such as a chemical spill or event in which an evacuation is required, the American Red Cross is responsible for providing Emergency Mass Care. This assistance covers the areas of sheltering and feeding disaster victims and workers as well as the bulk distribution of disaster relief supplies such as comfort kits and/or clean- up kits. NOTE:The American Red Cross does not transport evacuees to or fro,n a shelter. This is a local government responsibility. The Hendry County Emergency Management Department and the American Red Cross will work together i,~ selecting appropriate pre-designated sheher sites and deter-mining opening times for shelter(s). The phone number of the Hendry Cotmty Emergency Manageme,at Department is (863) 675-5255 or after hours, (863) 998-5960 If an evacuatio,a necessary, at that time, information will be released to residents regarding shelter locations from He,~dry County Emergency Management officials. Please contact the American Red Cross as soon as the possibility of a shelter opening is discussed. At that time. a representative of the Palm Beach County Chapter of the American Red Cross can discuss the site location with the h~cidcnt commander oz his/her designee. 62 NON-EMERGENCY DISASTER SERVICES PROVIDED BY THE RED CROSS Community Disaster Education (CDE) Materials- the American Red Cross has brochures, posters and other preparedness information, which is available to the public and community organ.izations. Specific topics include: preparing for fires, floods, tornadoes and winter storms... General information brochures include: Emergency Supply Kits, Children and Disaster, and Checklists for People with Mobility Problems. Brochures for childre’a are also available. Samples of these brochures are available for review and order. There may be a minimal charge for these brochures. Contact the Coordinator of Community Disaster Education at (561) 833-7711 ext. 152 for further information. Drills and Disaster Planning - The Palm Beach County Chapter will participate in, and assist in the organization of drills with county and city Emergency Management Deparmaents, in addition to the certification of additional shelters in your community. Please contact the Red Cross Emergency Services Manager at (561) 650-9100 or the Planning and Preparedness Specialist at (561) 650-9104 for more information. Special Events - The American Red Cross has participated in events such as parades and conmaunity fairs. Please contact Tonya Love, Operations Specialist at (561) 650-9102 for more information. Again, if you have any questions or comments, please call your local Branch Manager or the headquarter’s in West Palm Beach. RESOLUTION 83, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AGREEMENT FOR MASS CARE HOST SHELTERS BY AND BETWEEN PALM BEACH COUNTY CHAPTER OF THE AMERICAN RED CROSS AND THE CITY OF PALM BEACH GARDENS; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Red Cross seeks to utilize the Palm Beach Gardens Bums Road and Riverside Drive Community Center buildings as mass care host shelters to be used from time to time to house disaster victims during emergencies, to the extent that such facilities may be available for such use; and WHEREAS, the City believes that such use is in the best interests of the public health, safety and welfare of the citizens and residents of the City of Palm Beach Gardens provided certain conditions are met. WHEREAS, the City desires to provide mass care host shelter services from the Red Cross; WHEREAS, the Red Cross is desirous of providing mass care host shelter services in the City; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the Agreement for Mass Care Host Shelters by and between Palm Beach County Chapter of the American Red Cross and the City of Palm Beach Gardens, a copy of which is attached hereto and made a part hereof. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the City of Palm Beach Gardens. SECTION 3. This Resolution shall be affective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF MAY, 2001. RESOLUTION 83, 2001 PAGE 2 OF 2 MAYOR, JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CAROL GOLD, CMC, CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCIL MEMBER CLARK COUNCIL MEMBER FURTADO COUNCIL MEMBER SABATELLO AYE NAY ABSENT AGREEMENT FOR USE OF FACILITIES This AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City") and the Palm Beach County Chapter of the American Red Cross, a local chapter of a Federal Instrumentality ("Red Cross"). WITNESSETH: WHEREAS, the Red Cross seeks to utilize the Pall Beach Gardens Burns Road and Riverside Drive Community Center buildings as mass care host shelters to be used from time to time to house disaster victims during emergencies, to the extent that such facilities may be available for such use; and WHEREAS, the City believes that such use is in the best interests of the public health, safety and welfare of the citizens and residents of the City of Palm Beach Gardens provided certain conditions are met. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and the Red Cross agree as follows: Scope of the Agreement. This Agreement permits the Red Cross to utilize the Palm Beach Gardens Bums Road and Riverside Drive Community Center- buildings ("Facilities") for the sole purpose of providing a post-event mass care shelter for disaster victims during times of emergency pursuant to the terms and conditions set forth herein. Use of Facilities. The Red Cross shall assume all responsibility for the operation and support of the shelters and shall provide any necessary supplies. Any City- owned food or supplies used by the Red Cross shall be replaced or reimbursed to the City within thirty (30) days following such use. The Red Cross shall be responsible for all interior custodial cleaning after each use. 3.The Red Cross shall reimburse the City for all ,utility fees used during the operation of the post event mass care shelters within thirty (30) days after the last day of use. Utilities shall include the costs of all electricity and water. Term of Agreement. This Agreement shall be for a term of one (1) year from effective date and may be renewed for additional terms as may be mutually agree upon by the parties. -1- o o Request for Use. Prior to the use of the Facilities, the Red Cross shall obtain permission from the City Manager, who may grant or deny such request based on the needs of the City and the availability of the Facilities. Indemnification. Notwithstanding any other agreements, The Palm Beach County Chapter of the American Red Cross agrees to defend, hold harmless, and indemnify the City of Palm Beach Gardens, its officers, employees, servants or agents against any legal liability, including reasonable attorneys fees, with respect to bodily injury, deatti, and/or property damage arising from the negligent or intentional actions of said unit or its agents or employees in its performance of responsibilities during its use of the property belonging to the City of Palm Beach Gardens, FL. Termination. This agreement may be terminated by either party, with or without cause, upon providing five (5) days’ written notice to the other party. Upon such termination, the Red Cross shall remove any and all of its own equipment and/or supplies from the Facilities. Prohibition Against Liens or Other Encumbrances. The City holds fee simple title to the Facilities. The Red Cross shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property vested in the City. Insurance. During the terms of this Agreement, the Red Cross shall maintain Commercial General Liability and Property Damage policies of insurance in amounts of not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate with respect to its use the Facilities. The City shall be named as an "additional insured" on all policies relating to this Agreement. Miscellaneous Provisions. Ao Notice Format. All notices or other written communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered, or mailed by registered or certified 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: City Manager With a copy to:Watterson, Hyland and Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, Florida, 33410 Attn: Palm Beach Gardens City Attorney -2- Bo C° Go no As to the Red Cross Palm Beach County Chapter-of the American Red Cross 825 Fem Street West Palm Beach, Florida 33402-0870 Attn: Don Little, Logistics Coordinator Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. Binding 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. Assignment. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. Severability. 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. Governing Law and Venue. This Agreement and all transaction~ 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. Headings. 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. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. 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. -3- 68 Jo 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. SIGNATURE ON THE FOLLOWING PAGE IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. Executed by the City this day of ,2001. CITY: City of Palm Beach Gardens,. A Florida municipal corporation (SEAL)By: Mayor ATTEST: City Clerk Executed by the Red Cross this dayof 2001 RED CROSS: Palm Beach County Chapter of the American Red Cross By: , Niallle Title WITNESS: Name Nanle -5- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 8, 2001 -Meeting Date: May 17, 2001 Subject/Agenda Item: Consideration of award of bid to D.S. Eakins Construction Corporation for installation of 17,800 feet of electrical conduits on the south side of burns road in the vicinity of the Community Center and the Weiss School. This is part of the Burns Road widening project. Recommendation: Approval of motion to award contract to D.S. Eakins Construction Corporation in the amount of $91,210 per piggyback of their contract number 99120A with Palm Beach County. R eviewed,/~-~ City A~or~.~ Finance ACM Other ....... Submitted by: Daniel P. Clark, P.E. Approved by: City Manager Originating Dept: City Engineer Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: Total $91,210 Funding Source: [ ] Operating [ x ] Other Bdget Account Number: 26-0900-519.6300 Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attach ments: Proposal, Palm Beach County Contract 99120A , -Background: As part of the widening of Burns Road, we are planning to relocate the existing large oak trees. This relocation requires us to relocate the overhead power lines. After lengthy discussions with FPL, BellSouth and Adelphia, it was decided the best option to eliminate conflicts with the trees was to place the power, phone and cable TV lines underground. DISCUSSION: As construction begins on the widening of Burns Road, sequencing and scheduling of activities becomes critical to a timely and successful project. Relocation of the power, phone and cable TV must occur before the large oaks can be relocated. The oaks must be relocated before significant widening work can begin. This work in front of the community center must be complete before the beginning of camp in June. D.S. Eakins has submitted a proposal for $91,210 for this work. It is consistent with their County contract. We have discussed our scheduling constraints with them and they have agreed to expedite the work in the Community Center parking lot so as to minimize disruption of the Camp bus pickup and drop-off. RECOMMENDATION: Staff recommends City Council approval of D.S. Eakins proposal for installation of 17,800 feet of conduits and that City Council award DS Eakins Construction Corporation a construction contract in the amount of $91,210 based on the piggyback of their Palm Beach County number 99120A. ; CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners For Results Value by Design" ;50 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax: (561) 286-3925 www.lbfh.com May 4, 2001 Mr. Dan Clark, P.E. LBFH, Inc. 2090 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, Florida 33409 RE:BURNS ROAD WEST CONDUIT INSTALLATION LBFH PROJECT NO. 00-4107B . Dear Mr. Clark: I have received D.S. Eakins Construction Corporation’s price quote for the installation of 17,800 LF of underground utility conduits dated May 2, 2001. As you know, the conduits will be utilized for the relocation of Florida Power & Light’s, Bell South’s, and Adelphia Cable’s overhead facilities. The proposed hours and costs appear to be fair and reasonable and I recommend acceptance. I have included my cost analysis for your records. If you have any questions, please contact this office by phone at (561) 286-3883 or by e-mail at jim-I~lbfh.com. /Birector of Transportation. Attachments cc:Dan Clark- LBFH File 73P:X00.-4107BkLBFH Correspondenc~kDan Cla.,k 001.doc 74 :ROM ~D.S. EAKINS FAX NO. :Ma~. 02 2001 0~:08PM P2 ~ CONSTRU’~TION CORPORATION POST OFFICE BOX 12185 LAKE PARK, FLORIDA 33403 (561 ) 842-0010 1"O: L.B.FJ-I.FAX: ~,tten: Jim Lynch DATE: JOB LOCATION:Bums Rd. - Palm Beach Gardens JOB DESCRIPTION: 17,800’ of ¢ondiut installatkm for FPL, Bell Souttl and Adelphia. South side of Bums Road and 6 (six) road crossings. LOCATIONS BY:1-800-432-4770 PIPECREW HRS 430 ~. 185.00,I~EWATERING HRS 0 ~ ~CKING HRS 100 @ ~ PIPE-PVC & FITTINGS/WATER OR SEWER-FOO-~GE PIPE-DIP & FITTINGSANATER OR SEWER - FOOTAGE PIPE-RCP C-BASIN E-BASIN MANHOLE FLOWABLE FILL CONCRETE PUMP CONCRETE WORK CONCRETE DRIVE CONCRETE CURB FENCE REPAIR ROAD BASE PAVING CRUSHED ASPHALT SOD BARRICADES ]’ESTING BRICK - BLOCK. CEMENT - HYDRO -DEPTH -AMOUNT AMOUNT 100 cy ¯ aMOUNT 32 ton, AMOUNT - FOOTAGE TYPE S-3 TOT/K. ESTIMATE $ _9!,210.,0~, Purchasing Department iO South Military Trail. Suite ll0 Vest Palm l~each. FL 334!5-3199 (561., 616-6800 F.,~\. (5~1) 6t 6-6811 www.pbcgov.comlpur Palm Beach County Board of County Commissioners Maude Fo:d Lee. Chair H. Newell. Vice Chairman l~.ren T. Marcus Carol A Roberts Mary McCarty Bun ^aronson Tony Masilotti. Count, &dministrator Kob e."t. "V~eis man September 26, 2000 D. S. Eakins Construction Corporation 300 West 10th Street Riviera Beach, FL 33404 Form L Dear Vendor:RE:TERM CONTRACT #: 99120A This is to inform you that Palm Beach County Board of. County Commissioners is entering into a Term Contract with your company for CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) based on one of the following: [] FORMAL BID # [X ] RENEWA/~ OF FORM~Z~L BID/RFQ # 99-120/CB [}EXTENSION OF FORMAL BID/RFQ # [] WRITTEN QUOTATION # [] STATE OF FLORIDA CONTRACT # [] PALM BEACH COUNTY SCHOOL BOARD BID [ X ] OTHER: PRIMARY A~ARDEE: LOT(S), II,III,IV AND SECONDARY AWARDEE: LOT 1-~ The term of this contract is !O/19/QO through 10/18/2001 estimated dollar value for all awarded vendors is $ 535,000 The 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 hard copy orders against .="~ ~ ’~=~’ ~ ~’~=~.All ~, 4~:= ~,,s~this bontract as your --,h~rl___lon ~o _ .............o ......... reference~each unique document number. If you have any questions,, please contact Cindy Brewer (561) 616-6814. at Sincerely, Dougla/~V. Myers,,~_ re.ctor " Pal~q~each Coun~ Purchasing / Mike Bowman, Road & Bridge Richard Morrelli, ERM Carol McDuffie, Water Utilities Mike Martz, Park & Rec. Audrey Wolf, FDO Purchasing Depa~men[ .5.: .~ ,Mili[ary Trad. "e~ Palm Beach. FL 33415.3~co (5~I~ 233-1500 F.~: ~561) 253- www.z~ palm-beach I Palm Beach County Board of County Commissioners Maude Ford Lee. Cha;r ~r:en H. ’qewell. Vice Cha:rman Karen T. Marcus Car~l A R&berts Mary McCarLv ,~ur[ Aaronson Tony Masdotti County. Administrator Robert Weisman printed on recycled paper October 19, 1999 D. S. Eakins Construction Corporation ~00 West 10th Street Riviera Beach, FL 33404 Form L Dear Vendor:RE:TERM CONTRACT #: 99120 This is to inform you that Palm Beach County Board of County Commissioners is entering into a Term Contract with your company for CREWS WITH EQUIPMENT,...RENTAL OF (TERM CONTRACT) based on one of the following: [ X ] FORM3kL BID # 99-120/CB ]RENEWAL OF FORMAL BID/RFQ # ]EXTENSION OF FORMAL BID/RFQ ]WRITTEN QUOTATION # ]STATE OF FLORIDA CONTRACT # ]PALM BEACH COUNTY SCHOOL BOARD BID # [ X ] OTHER: PRIMARY AWARDEE: LOT(S), II,III,IV AND SECONDARY AWARDEE: LOT 1 The term of this contract is 10/19/99 through 10/18/2000 . The estimated dollar value for all awarded vendors is $ 900,000m. 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 hard copy orders against this contract as your authorization to deliver. All invoices mu~t reference each unique document number. If you have any questions, please contact Cindy Brewer (561) 233-1514. Sincerely, c:Mike Bowman, Road & Bridge Richard Morrelli, ERM Carol McDuffie, Water Utilities Chuck Kenfield, Airports Mike Martz, Park & Rec. Audrey Wolf, FDO File at M~,ud~ F¢..-.d Lee. Chairman "W/~ren H. Newell, Vice Chairman l(aren T. Marcus r01 A. Roberts try McCarw urt" Aaronsor~ Tony Masilotti Robert Weisman Purchasing Depa.~ r.., ent BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION BID @99-120/CB CREWS WITH EQUIPI~ENT, RENTAL OF (TERM CONTRACT) BID OPENING DATE:- September 9, 1999 AT 2:00 P.M. it is the responsibility of the bidder to insure that all pages are included. Therefore, all bidders are ’advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed t.o Palm Beach Co,~nty Purchasing Department (561) 233-1500. It is re.~ested tha~ all bids be submitted in triplicate, one Original and two copies. BIDDERS SHALL SUBMIT, IN A SEALED PACKAGE OR CONTAINER, AT LEAST ONE ORIGINAL, SIG~ED IN iNK BY AN OFFICER HAVING AUTHORITY TO BIND THE COMPANY OR FIRM.FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. "Palm Beach County is exempt from Federal and State Taxes for tangible personal property. Bid Hot!ine number 795-8080 (from Palm Beach County), 425-7420 (from Broward Co"~nty}, 655-4527 (from Dade County) or tune in to the Education and GovernmentTele~ision Cable Channel for a lis~ of additional advertised "Invitations for Bid" and "Requests for Proposal". The’Bid Hotline also provides updates on posted award recommendations. Protests can be accepted only du.ring the five (5) business day posting period. CAUTION Amendments to this Invitation for Bid will be automatically sent only to those vendors who received this document directly from Palm Beach Co%inty Purchasing Department. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid package not purchased directly from Palm Beach County Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 78 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID BID NO:....99-!20/¢B BID TITLE:. Crews wish E~u~pment, Rental of (Term Contract) PURCHASING DEPARTMENT CONTACT:_Cindy Brewer TELEPHONE NO.: (561) 23~-15!4 All bid responses must be received on or before Seotember 9, 1999, prior to 2.:00 p.m., Palm Beach County local time, at which time all bids will be publicly opened and ~ead. SUBMIT BID TO: Palm Beach County Purchasing DeparZmen~, 50 So. Military Trail, Suite !i0, West Palm Beach, Florida 33415. T.his Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this invitation to secure bids for item(s) and/or services as listed herein. The selected awardee shall be bound by all terms, conditions, and reouirements in these odocuments and is hereby placed on notice that acceptance of this bid by Palm Beach C6hnty shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which will form the binding contract between Palm Beach County and the successful bidder. Changes to this invitation for bid may be made only by written amendment isstad by the County Purchasing DePartment. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Oepartment contact in ,wri~inq in sufficient time to permit a written response, which will be provided to ell prospective bidders, prior to bid opening. Ora~ explanations or instructions given by any County agent will not be binding and should not be interweted as altering any provision of this document. Bidder certifies that this bid is made witPout reliance on any oral representations made by the County. The obligations of Palm Beach County under this award are subject to the availability of funds lawfully appropriated for its purpose. 2. LEGAL REQUIREMENTS. .COMPLIANCE W1TH LAWS AND CODES: Federal, State. County and local laws. ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a Cause for relief from ~’esponsibility. The successful bidder must strictly comply with Federal. State and local building and safety codes. Eqdpment must meet all State and Federal Safety regulations. Bidder certifies that all products (materials. equipment, processes, or other item supplied in response to this bidl contained in its bid meets all O.S.H.A., ANSI, NFPA and all other Federal and State requirements. Bidder further certifies that. if it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary tO bring the product into compliance shall be borne by the bidder. In compliance" with Chapter 442. FI6ri’da Statutes, any toxic substance resulting from this bid must be accompanied by a properly completed Material Safety Oats Sheet (MSOS). The Uniform Commercial Code (Florida Statutes. Chapter 672|shall prevail as the basis for contractual obligador~ between the successful bidder and Palm Beach County for any terrt~ and conditions not specifically stated in the Invitation for Bid. DISCRIMINATION PROHIBITED: Palm Beach County is committed to assuring equal opportunity in the award of co~tracts and complies with all laws prohibiting discrimination, The successful bidder is prohibited from discriminating against any employee, applicant, or client because of race, color, religion, disability, sex. age. national origin, ancestry, marital status, or sexual orientation. c.PUBLIC ENTITY CRIMES: F.S. 287.13"3 requires Palm Beach County to notify all bidders of the following: °A person or affiliate who has been placed on the convicted vendor llst following a conviction for a public entity c~ime may not submit a bid ~)n a contract with a publi: entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a co,~ntractor, supplier, subcontractor, or consultant under ¯ a contrac~ with any public endW’, and may not transact business with any public entity in excess of the threshold amount provided in F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the con:~icted vendor llst." d.NON-COLL, USION: Bidder certifies that it has entered into no agreemen~ to commit a fraudulent, deceitful, uniawfuJ, or wrongful act. or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale. bid. quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities permitted; either with. prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, removal from the vendor bid list(aiD and/or debarment or suspension from doing business with Palm Beach County. CONFLICT OF INTEREST: All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further. all bidders must disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bldder’s firm or any of its branches. INOEMNIFICATION: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and defend the County. its agents, servants, or employees from and against any and all claims, liability, losses and/or causes of action which may arise from any negligent act o~ omission of ~e successful bidder, its subcontractors. agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and/or resultant contract. .PU, BLIC RECORDS: Any material submitted in response to this invitation for bid will become a public document pursuant to Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential o¢ a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07, F.S. RECYCLING: In compliance with Palm Beach County Recycled Paper Product Procurement Ordlnance, all bidders agree to the following as a precondition to contract award: (I) reports submitted to the County successful bidders shall use both sides of paoer sheets whenever practicable; (2} successful bidders shall be responsible for.maintaining records documenting usage of recycled paper for reports submitted to the County in fulfillment of contractual obligations, and shall submit such records to the County, as required; and (3) reports submitted to the County by successful bidders in fulfillment of contractual obligations shall use recycled paper when it is availab.le at a reasonable price and of satisfactory quality to meet contractual performance standards. For purposes of this paragraph, the p~ce of recycled paper shall be considered "reasonable" if its cost is no more than 10% higher than the lowest price offered for qon-recycled paper. INCORPORATION. PRECEDENCE. JURISOICTION: This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence will be the bid document (original terms and conditions), bid response, and Purchase order (PC) or term contract order (PC). Any and all legal action necessary to enforce the award or the resultant contract will be held in Palm Beach County and the contractual obligations will be interpreted according to the laws of Florida. 3.BID SUBMISSION S, UBMISSION OF RESPONSES: All bid responses must be submitted on the provided Invltatio~ for Bid "Response" For~ Bid responses on vendor letterhead/quotation forms will not be accepted. Responses must be typewritten 0¢ written in ink. and must be signed in ink by an officer or employee having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED P1.ACES SHALL BE CAUS~ FOR REJECTION OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than tee time indicate on (he solicitation preamble, and must be submitted in a sealed envelope or container, which should have the enclosed address label affixed and bearing the bid number. (~ERTIFICATIONS, LICI~NSES AND PERMITS: Unless otherwise directed in the Special Conditions of this bid. bi(~der must include with its bid copy of all applicable Certificates of Competency issued by the +State of Florida or the Palm Beach County Construction hdustry Licensing Board in the name of the bidder shown on the bid response page. It shall also be the responsib{lity of ~he successful bidder to submit, prior to commencement of work, a current Occupational License for Palm Beach County and all permit~ required to complete this contractual service at no additional cost to Palm Beach County. In lleu of a I~alm Beach County Occupational LJcenae, non-residents regulated by the State of Florida Depa~’u’nent of Professional Re<julation may =ubm~ a copy of their State of Florida Oepa~ment of Professional Regulation License and a curt’ant Occupational License i~ued by the County or City where their business is :ocated. Page 3 DRUG FREE WORKPLACE CERTIFICATION: In i:ompliance with Florida Statute (Section 287.087) attached form "Drug-Free Workplace Certification" should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids/proposals which are equal with respect to price, quality, and service are received by Palm Beach County. CONDITIONED OFFI~RS: Bidders are cautioned that any condition. qualification, provision, or comment in their bid. or in other correspondence transmitted with their bid. which h any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non-responsive. PRICING: ( 1 Prices offered ~must be the price for new.merchandlse and free from defect. Unless specifically requested ;n the bid specifications, any bids containing modifying or esc~latlon clauses will be rejected. (2)Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid opening or other time stated in special conditions. (3)In the event o( mathematical error(s), the unlt price will prevail the bidder’s total offer will be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER PRIOR TO BID OPENING. IF THE INTENT OR LB31BIUTY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED. (4)Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. SUBMITTING NO BID o~ NO CHARGE: Bidders not wisl~ng to bid on some items sought by this solicitation should mark those items as "no bid." If some items" are to be offered at no charge, bidders should mark those items as "no charge." Items left blank will be cor~sidered a "no bid" for that item, and the bld will be evaluated accordingly. Bidders who do not ,wish to submit bids on any item in this solicitation, should return a "Statement of No aid: in an envelope plainly marked with the bid number and marked "NO BIO." ACCEPTAN(~E/REJECTION OF 8lOS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non*substantive irregularities and technicalities; (2) rejeqt the bid of any bidder who has previously failed the proper performance of a contract of a similar nature, who has been suspended or debarred from doing business with the County. or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bldif the prices for any line items or subline items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is a reasonable doubt that’the offer would result in the lowest overall cost to the County, even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line item and significantly greater than fair market price for other bid llne items. Fair market price shall be determined based on industry standards, comparable bids or offers. existing contracts.’or other means of establlshlrg a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer Or bid is materially unbalanced shall be made in wnting by the Purchasing Director, ¢ithg the basis for the determination. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042. Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and SeNiCeS. This reservation applies both to the initial award of this solicitation and to acqu~sltion after a term contract may be awarded. Additionally. Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the speci, ficado~ts differ from this solicitationor cesultant contract. or for goods and services specified in this solicitation when the scope substantially differs from this solicitation Or resultant contract. OFFER ~XTENDED 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. 4.BID OPENING/AWARD OF BID 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 t~eir bid arrives in the Purchasing Department pnor to the published .bid opening time. Any bid delivered after the precise rime’of bid o~eni~g will not be considered, and will be returned to the bidder unopened if bidder identification is possible without opening. Bid responses by telephone, telegram, ~r facsimile shall not be accepted." Bidders shall not be allowed to modify their bids after the published bid opening time. POSTING OF AWARD RE, COMMENDATION: Recommended awards will be !~ublicly po~te¢l for review, at the Purchasing Department prior to final approval, end will remain posted for a period of five (5) business days. 81dders desiring a copy of the bid tabulation of the Invitation for Bid 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 television Channel 20 and on our bid hot-line, telephone 561-795-8080. These listings areupdated weekly, normally on Friday¯ ¯ In any discrepancy between these listings and the official posting in the Purchasing Department, the later shall prevail.) PROTEST PROCEDURE: Protes~ procedures are provide~ in the Palm¯Beach County Pur~:hasing Ordinance. 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 prote~ is considered filed when it is received by the Purchasing Department. Failure to file protest as outlined in the Palm Beach County Purchasing Ordinance shall constitute a waiver of proceedings under the r~ferenced County Ordinance. 5.CONTRACT ADMINISTRATION DELIVERY AND ACCEPTANCE: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid a~e to be made during the normal ~;~orking 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 tight to CANCEL the order or contract and make the purchase elsewhere¯ The successful bid~er shall be responsible for making any and all claims against carriers for missing or damaged items¯ Delivered items will not be considered "accepted" until authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with ¯specifications. The Boad 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 o¢ performance standards. ?age 4 FEDERAL AND STATE TAX: Palm Beach County is exempt :. -- Cede,el end State Taxes for tangible Personal prooerty. ~’he authorh~. ~; for Purchasing will provide an exemption certificate to the success" " upon request. Successful bidders are not exempted from paying; . -" ":x to their supl~liers for materials to fulfill contractual obligations ~,’ "-.= County, nor are successful bidders authorized to use the County’s ". Exemption Number in securing such materials. PAYMENT: Payment will be made by the County after commodities/services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must bear the order number. 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 a~e 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, I~lace of delivery, method of shipment, minor revisions to customized work specifications, end administration of the contract. The successful bidder will not amend any provision of the contract without written notification to the Director of Purchasing, and writl~n acceptance from the Director of ¯ Purchasing or the 8oard of County Commissioners. e. DEFAULT: The County may, by written notice of defau~ tothe successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisbns of this solicitation or resultant con~rac.t, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resu~ant contract, end does not remedy such failure within a period of 10 days (or such longer period as the Director of Purchasing may authorize in writing) after’receipt of notice from the Director of Purchasing specifying ,~uch failure. In the event the County termlnates-this contract in whole or in pert because of default of the successful 5idder, the County may procure goods and/or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred .due to this action. If it is determined that the successfu~ bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of. or without the fault,or negligence of, the success~Jl bidder), the rights and obligations of the parties shall be those provided in Section 5f, "Termination for Convenience¯" f.TERMINATION FOR CO.NVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give writ’ten notice of termination to the successful hither. specifying the portions of the contract to be terminated and when t~e termination becomes effective. If only portions of the contract are terminated, the successful bidder has the right .to withdraw..w,thout adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and will stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and/or subcontracts related to the terminated work. 6 o SPECIAL CONDITIONS ~ENERAL/SPECIAL CONDITION PRECEDENCE In the event of. conflict between General Conditions and Special Conditions, the provisions of the Special Conditions will have precedence. 7..~,RE-BID CONFERENCE (NON-MANDATORY) All interested parties are invited to attend a pre-bid conference which will be held at P Im B h u p "n D m n Hi ’ v ~ ""W Pa m B a .F_L~2u$~/~ on ucru commencing aE ~. At this time, the County’s representative will be available to answer questions relative to this Invitation for Bid. Any suggested modifications may be presented i: Pa~e 5 or discussed with zhe County’s representative(s) as possible amendments to the Invitation for Bid. n accordance with the provisions of ADA, auxiliary aids or services will be provided upon request ~with at least three days. notice. 8.QUALI F ICATION _.OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactoryrecord of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder shou%d submit the following information with the bii response; however,if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time. frame specified by the County (normally within twQ working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. List a minimum of ~hree (3) experiences, with references provided, in similar work within the past tw O (~) years including scope of work, contact names, addresses, telephone numbers and dates of service. B.Supply appropriate licenses (i.e., Certificate of Competency as a fence contractor) (Lot.VI). 9.AWARD (LOT-BY-LOT) Palm Beach Coun6y will award this bid to the lowest, responsive, responsible bidd@r~on a lot-by-lot basis. The County reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a bidder for less than $i,000, or whe~ it would result in awards of multiple small fragments. This policy is predicated on’avoidance of increased administrative costs and operational complexity. i0.PRIMARY AND SECONDARY DESIGNATION Palm Beach County reserves the right to make multiple awards for this solicitation. In the event the Board of County Commissioners exercises this right, the lowestresponsive, responsible bidder will be designated primary awardee and the next lowest responsive, responsible bidder will be designated secondary awardee. The primary awardee will be given the first opportunity to perform. The secondary awardee shall be contacted only after the primary awardee has refused to perform. The primary awardee is expected to perform all work offered to them, unless they are unable to perform it for lack of resources or. technical ability. The primary awardee may be found in default of this contract if it declines more than _45 % of the offered work, or if it establishes a pattern of accepting )nly the more desirable work and declining the less desirable work. Page 6 ii .SUBCONTRACTING f a bidder intends ho subcontract any portion of a contract resulting from this bid for reason, it must provide, in writing and before commencement of work, the name and address of the subcontractor, name of the person to be contacted including telephone number and extent of work to be performed. Palm Beach County reserves the right to reject a bid of any bidder if the bid names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. 12.METHOD OF ORDERING (TERM CONTRACT) A contract shall be issued for the term of the award, which shall be for the designated time period or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. 13. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract order (PG). Bid responses showing other than F.O.B. destination will be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shallbe responsible for the filing of claims.for loss or damages. 14.RESPONSE TO SITE Crews with equipment shall be required on site within 48 hours after receipt of purchase )rder (PG) unless a modified delivery date has been requested by ~he successful bidder ~proved in wri~inq by the Purchasing Dep~rtmen~ or the designated County agent. On~ si~e/star~ times shall be strictly adhered to withou~ deviation. Failure of the successful bidder ~o ~erform to this requirement is sufficient cause for default and termination of the contract. 15.EOUIPMENT The successful bidder shall, at a minimum, own or have access to the following list of equipment, if required. The rate offered for item 1 (Lots II thru VI) shall include amy/all of~the items listed below. Failure to provide the specified equipment shall be sufficient cause for default add contract termination. g. h. Pneumatic plugs, 6" - 72" Steel sheeting and shoring 3" Diaphragm pump with 50’ discharge hose Hydraulic pumps capable of loading tankers Laser beam Boom truck with 12,000 lb. capacity Unde~aater (hydraulic) saw for cutting pipe Air compressor and jack hammers Backhoe wi~h minimum lifting capacity of 12,000 ibs. for setting manholes, catch basins, etc. Front end loader i i/2 ton Asphalt ro~ler Vibratory compaction equipment Page 7 16.ESTIMATED EXPENDITURES anticipated term of the contract to be awarded as a result of this bid is for ~ [12) months. The anticipated value during the contract term’is $ 879,000 Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to rebid for the contracted goods and services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed. 17. RENEWAL OPTION The successful bidder shall be awarded a contract for ~2 mo~ths with the o~tion to renew for ~wo (2) additional 12 mQnth period(s). The option for renewal will only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal will be subject to appropriation of f~unds by the Board of County Commissioners. 18. WORK SITE SAFETY/SECIYRIT"/ The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder’s own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure tha~ all County, S~ate Florida, OSHA, an~ other appl.icable safety regulations are met. .Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. ~alm Beach County may withhold payment or make such deductions as deemed necessary to ~re reimbursement or replacement for loss o9 damage to property through negligence of the successful bidder Or its agents. 19 INS~CE R~QUIRED It shall be the responsibility of the successful_bidder to provide evidence of the following minimum amounts of insurance coverage: Workers’ Compensation and Employer’s Liability coverage is required for all personnel who work on this project. This shall include the personnel of the contractor.and any subcontractors, r~ardless of the size of.the company. Exemptions for small companies will ~not be accepted. Coverage must include Employer’s Liability with minimum limits of $i00,000 Each Accident, $500,000 Disease-Policy Limit, $i00,000 Disease-Each Employee. Coverage shall also include an "alternative employer" endorsement (WC 000301) in favor Palm Beach County, Board of County Commissioners. Business Auto Policy, or similar form, shall have minimum limits of $500,000 Per Occurrence Combined Single-Limit for Bodily Injury and Property Damage Liability. Coverage shall include coverage for all Owned Autos, Hired Autos and Non-owned Autos. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semitrailer designed for travel on public roads.) Commercial General Liability, -or similar form, shall have minimum limits of $500°000 Per Occurrence Combined Single Limit for Bodily Injury, Personal Injury and Property Damage ILiability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be included when applicable to the work to be performed. Page 8 (WHEN APPLICABLE: Professional L~ablllty Insurance shall have minimum limits of $500,000 Per Occurrence and $500,000 Aggregate.) signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to County prior to successful bidder performing any operations under the terms of the contract. Except as to Business Auto, Workers’ Compensation and Employer’s Liability (and Professional liability, when applicable), said Certificate(s) sha~l clearly state that coverage required by the contract has been endorsed to include "Palm Beach County, Do!itical subdivision of the S~at? of F~orida. its officers, aq~n~s and employees Additional Insureds." Required insurance shall support Contractor’s Indemnity Agreement set forth herein and in any resultant contract, and shall so state in said Certificate. Further, said Certificate(s) shall unequivocally provide thirty (30) days written notice to County prior to any adverse change, cancellation or non-renewal of coverage thereunder. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. All insurance provided hereunder shal’l be endorsed to show that in is primary as respects to County. 20. MINORITY/WOMEN BUShinESS ENTERPRISE PROGRAM PALM BEACH COUI~YY ORDINAIWCE N~TMBER 93-28, AS ~MEN~DED (B~D PREFERENCE) tem 1 Polic~ It is the policy of the Board of County Commissioners of Palm Beach County, Florida thau Minority and women Business Enterprises (M/WBEs) have the maximum practical opportum..it,/ to participate in the competitive process of supplying goods and services to the County. To that end the Board of County Commissioners enacted Ordinance No. 93-28, as amended, which sets forth the County’s requirements for the M/WBE program, which are incorporated in this solicitation. Compliance with the requirements.contained in this section shall result in a bidder being deemed responsive to M/WBE requirements. The provisions of Palm Beach Ordinance No. 93-28, as amended by Ordinance No. 95-5, and as may be further amended, are applicable to this solicitation, and shall have precedence over the provisions of uhis solicitation in the event of a conflict. ~tem 2- Bid Compliance All non-certified bidders are required to submit Schedules i & 2 with their bid if the b.idder is proposing the use of M/WBE subcontractors. A list of M/WBE subcontractors to be used, if applicable, on the subject contract shall be submitted with each bid (Schedule i, Participation of M/WBE contractors). For each M/WBE firm thac is listed on Schedule i, a "Letter of Intent to Perform" Schedule 2 must be submitted with the bid. A bidder failing to submit these forms with their bid shall be considered ineligible to receive a bid preference, as described in Item ~ below. Page 9 item 3 - Contract Award Criteria he contract award procedure for this solicitation will be under the bid preference system maximize M/WBE participation. The bid preference system as provided for in Ordinance 23-28, as amended, requires the award to be made to the responsive bidder who includes the highest M/WBE utilization as long as that bid does not exceed the low bid by more than 10%. Item 4 - M/W-BE Certificatio~ Only those firms certified by Palm Beach County at the time of bid opening shall he considered eligible for bid preference. IT TAKES UP TO SIXTY (60) DAYS TO BECOME CERTIFIED AS A M/WBE WITH PALM BEACH COUNTY. If a firm is certified by another jdrisdiction, a request may be submitted to theOffice of Minority/women Business Enterprise in advance of the bid submittal deadline for validation of that certification by Palm Beach County. However, such firms will not be considered eligible for bid preference unless certification is approved prior to bid opening. It is the responsibility, of the bidder to confirm the certification of any proposed M/WBE; therefore, it is recommended that bidders contact the Office of Minority/Women Business Enterprise at (561) 233-1550.to verify certification. Item 5 - M/W~E Supplier All bidders may cou/%t sixty percent (60%) of their expenditure@ to certified M/W3E suppliers that are not manufacturers, provided that the M/WBE supplier(s) performs commercially useful function (as defined in Palm Beach County Ordinance No. 95-5, as may be amended). Item 6 - Res onsib’liti s After Cont act Award ~ bidders, off~ring M/’~BE subcontracting participation hereby assure that they will meet uhe M/WBE participation percentages submitted in- their ~respective bids with the subcontrac6ors contained on Schedules I & 2 and at the dollar values specified. .Bidders ag[ee to provide any additional information requested by the County to substantiate M/N~E participation. Any successful bidder who has offered M/WBE subcontracting participation shall submit "M/WBE Activity Form" (Schedule 4) and "M/WBEPayment Certification Forms" (Schedule with each payment application. These forms can be obtained f.rom the Purchasing Department upon request. Failure to provide these forms may result in a delay in processing payment or disapproval of the invoice until they are submitted. The "M/WBE Activity Form" is to be filled out by the Prime Contractor and the "M/WBE Payment Certification Forms" are to be executed by the M/WBE subcontractor to verify receipt of payment. ~tem 7 - M/W3E Substitutions After Contract award, ~he successful bidder will only be permitted to replace a certified M/WBE subcontractor who is unwilling or unable to perform. Such substitution must be done with other certified M/WBEs in order to maintainthe M/WBE percentages submitted with the bid. If a bidder cannot find a certified M/WBE toreplace the originally proposed M/WBE, the bidder must establish that they exercised good faith efforts in an attempt to do so. Requests ~or substitutions must be submitted to the Purchasing Department and the Office of Minority/Women Business Enterprise. Page I0 SPECIFICATIONS BID #99-120/CB CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) ~¢O~E The sole purpose and intent of this Invitation for Bid shall be to establish a firm fixed price term contract for the rental of crews with equipment to be used by various departments throughout Palm Beach County for repairs as specified in Lots I through VI. !. Ecuipment. Condition and....ResDonsibilit,! The Contractor will be responsible for repairs and maintenance of its equipment. The equipment will. be operated by the Contractor and kept in good working condition, including all grease, oil, parts’and fuel necessary. 2. ~rose¢u~ion of ~he Work The Contractor will be required to prosecute the work uninterrupted, in such a manner, with the specified labor and equipment so" as ~ to ensure that projects as defined and agreed upon are completed within the framework of this contract. Unless modified, in writing, by a designated Palm Beach County department representative 9n-site/start times shall be strictl~..adhered to without deviation. Equipment will not be substituted without prior written approval from the designated Palm Beach County department representative. Equipment operators must be fully licensed as applicable and competent in theuse of the assigned equipment. Failure to comply with any of these requirements is sufficient cause to terminate contract because of defahlt by the successful bidder. 3.EcuiDme~t and Personnel Contractor equipment deemed defective by the designated Palm Beach County Project Supervisor shall be promptly removed from the site. Personnel employed either directly or indirectly by the Contractor that are dee~ed to be incompetent, inept or unfit to perform the work in the opinion of the designated Palm Beach County Project Supervisor, shall be promptly removed from the work under this Contract an~ such person shall not again be employed on the work. Failure of the Contractor to remove defective equipment or incompetent persoru~.el, may result in the termination of.this Contract. 4. Suspension Qf the Work The designated Palm Beach County Project Supervisor or his duly appointed representative shall have the authority .to suspend the work for the following reasons: (a) default of the contractor; (b) unfavorable weather conditions; mechanical failure of loading, hauling, digging or spreading equipment being used in the prosecution, both.of the work under this contract and the work being done by County forces adjunctive thereto; (d) or any other condition which , in the judgement of the representative makes it impractical to secure first-class results. SPECIFICATIONS ~ID #~9-120/CB Page ii CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) 5. Payment Contract is based on an hourly or daily rate as requested. Crews and/or equipment shall be. available on an "as needed basis" with no guarantee by the County of the amount of use. However, any crews and/or equipment based on an hourly rate called out for a period of less than four (4) hours shall be compensated for at a minimum of four (4). hours. "Down Time" is not to be computed as rental time and will not be compensated for. Payment for equipment and crews shall be made for actUal time worked on site only. The County will not be charged for mobilization, demobilization, travel between job sites, etc. Payment (hourly~daily rates) shall be .full compensation for all labor, equipment, tools, fuel, oil, greases, insurance, taxes, fees, plant, transportation, suspensions, delays, and incidentals necessary to complete the service described in and as set forth in this contract. Projects started prior to the termination of this contract will be allowed an additional thirty (30) days for completion. The Palm Beach County Project Supervisor or designee shall review and approve Contractor’s "Daily Billing Ticket" to verify actual number of hours worked by the plece.of equipment and/or crew as applicable. BASE RATE: Daily Ra~e (LOT ~) Compensation, per day, shall be paid at the "base" rate (crews with equipment) for actual time worked. A ~inule daily r~e is defined as 7 a.m. thru 5 p.m.,.Monday through Friday. Additionally, the "base" rate shall include but not be limited to, mobilization, demobilization, transportation, fuel and all other incidental expenses related to the contracted service. -~ourly Rate (LOTS I~, ~v AND VI) Compensation shall be paid at the "base" hourly rate (crews with equipment) for actual time worked, 24 hours a day, 365 days per year. Equipment which remains on site, without operator, for the convenience of the contractor will not be compensated. The County will not be charged for mobilization, demobilization, transportation, fuel, or any other incidental expense rated to the performance of this contract. All costs to be charged to the County for the performance ~f this contract must be included in the "base" hourly rate offered by the bidder. 88 SPECIFICATIONS BID #99-120/CB CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) Page 12 Ho~r!Z Ran~ (LOTS III AND V) Compensation shall be paid at the "~ase" hourly rate (crews with equipment) Monday through Friday between 7:00 a.m. and 5:00 p.m. for actual time worked. Equipment which remains on site, withou~ operator, for the convenience of the contractor will not be compensated. The County will not be charged for .mobilization, demobilization, transportation, fuel, or any other incidental expense rated to the performance of this contract. All costs to be charged to the County for the performance of this contract must be included in the "base" hourly rate offered by the bidder. PREMIUM RATES (LOTS III AND V): Overtime R~te: Compensation shall be paid at a rate Qf 1.5 times the awarded base hourly rate for actual time worked between the hours of 5 p.m. and 7 a.m., Monday through Friday and weekends. Equipment which remains on-site, for convenience, without operator shall not be compensated. Equipment which is used or continues to function into premium ra~e timeframes, without operator, shall be paid at the "base" rate 9nlv. Compensation shall be paid at a rate of 2.0 times the awarded base hourly rate for actual time worked during Palm Beach County legally recognized holidays. Equipment which remains on-site, for convenience, without operator shall not be compensated. Equipment which is used or continues to function into premium rate timeframes, without opeator, shall be paid at the "base" rate only. BID RESPONSE BID ~99-120/CB Pase 13 CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) LOT I ROAD & BRIDGE DEPARTMENT: ITEM DESCRIPTION BASE PRICE PER DAY (*) (*) NOTE: BASE RATE SHALL BE SINGLE DAILY RATE MONDAY THROUGH FRIDAY (7:00 A.M. THRU 5:00" P.M.) ROAD F~NISHIN$ CREW ¢QNS~$TIN$ OF A MINIMUM (3) EXPERIENCED OPERATORS, including Motor Grader, Roller and Water Wason when necessary/requested, to prepare a shell or limerock road base ready for prime in.compliance with the latest Florida DOT standard specifications and measurements. Payment shall be made by the hour for road finishing crew and shall include all equipment, labor, water, density tests of base as requested, and all miscellaneous associated costs. County shall provide material for road base. 250.00 NAME OF FIRM: D.S. EAKINS CONSTRUCTION CORPORATION SIGNATURE:CIN~31 M. FRICK - VICE PRESIDENT Continued .... BID_RESPONSE BID #99-120/CB Page 14 CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTP, ACT) LOT II - ROAD & BRIDGE DEPA/~TMENT, PARKS & RECREATION DEPARTMENT, WATER UTILITIES DEPARTMENT, DEPARTMENT OF AIRPORTS: (*)NOTE: BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TIME WORKED. ITEM DESCRIPTION BASE PRICE WEIGHT FACTORED PER HOUR (*) FACTOR RATE 2 o 4 o 5.. CREW - CONCRETE OR METAL PIPE LAYING, $ 210.00 consisting of a. foremin (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe 36" up to 84" diameter. County shall furnish materials.. Dump Truck, 15 - 20 Cu. yd. capacity (for concrete and asphalt disposal) when requested with item #i only. X .90 = $ 189.00 Well Point Eqn/ipment up to !50 points complete including pump and jetting equipment (run time only) when requested with item #I only. $. 50.00 x .o2 = $ ’1.00 Tandem Dump Truck with sideboards 12 cu. yd. capacity when requested with item #I only. $. 40.00 X .06 = $. 2.40 Tri-;txle Dump Truck with sideboards 18 cu. yd. capacity when requested with item #i only. $ 30.00 X .01 = $ .30 $...50.00 X .01 = $ .......50 LOT II, TOTAL FACTORED RATE: $ 193.20 NAME OF FIRM: * SIGNATURE:CINDI M. FRICK - VICE PRESIDENT Conuinued .... BID RESPONSE B~D @99r.~20/CB CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) LOT III- FACILITIES DEVELOPMENT & OPERATIONS: Page 15 (-) NOTE: BASE RATE SHALL BE HOURLY, MONDAY THROUGH FRIDAY (BETWEEN 7:00A.M. AND 5:00 P.M.); ~OWEVER, COMPENSATION WILL PAID FOR OVERTIME AND HOLIDAY RATES (SEE PAGE 12). BASE PRICE WEXGHT FACTORED IT~ DESCRIPTIO~PER HOUR (*)FACTOR RATE I.X .90CREW - CONCRETE OR METAL PIPE LAYING, $ 200.00 consisting of a foreman (with 40 hours . of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe 36" up to 84" diameter. County shall furnish materials." 2.Dump Truck, 15 - 20 cu. yd..capacity $ 50.00 X .02 (for concrete and asphalt disposal) when requested with item #i only. 3.Well Point Equipment up to 150 points $ 40.00 X .06 complete including pump and jetting equipment (run time only) when requested with item #i only. = $. : $ = $ 180.00 i .00 2.40 4.$ 30.00 x .01 = $ .30Tandem Dump Truck with sideboards 12 cu. yd. capacity when requested with item #I only. 5.-$ 50.00 x .01 = $ .50Tri-Axle Dump Truck with sideboards 18 cu. yd. capacity when requested with item #I only. LOT III, TOTAL FACTORED RATE: $ 184.20 NAME OF FIRM: * SIGNATURE: D.S. EAKINS CONSTRUCTION CORPORATION CTNDT M. Fw~c[ - vTCE PRESIDE>~- Continued .... Page 16 BID RESPONSE BID #99-120/CB CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) LOT IV - ROAD & BRIDGE DEPARTMENT, PARKS & RECREATION DEPARTMENT, WATER UTILITIES DEPARTMENT, DEPARTMENT OF AIRPORTS: (*) NOTE:BASE RATE SHALL BE 24 HOURS A DAY, 365 DAYS PER YEAR FOR ACTUAL TiME WORKED. BASE PRICE 14EIGHT FACTORED" ITEM DESCRIPTION pER HOUR (*)FACTOR RATE I.CREW - CONCRETE OR METAL PIPE LAYING, $ 185.00 X .90 = $ 166.50 consisting of a f~reman (with 40 hours of OSHA training), a minimum of three (3) ¯ experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe up to 36" diameter. County to provide materials. 2.Dump Truck, 15 - 20 cu. yd. cap~city $ (for concrete and asphalt disposal) when requested with item #I only. 3.Well Point Equipment up to 150 points $ complete including pump and jetting equipment when requested with item #i only. 4.Tandem Dump Truck with sideboards $ 12 cu. yd. capacity when requested with item #I only. 5o Tri-Axle Dump Truck with sideboards 18 cu. yd. capacity when requested with item #I only. .02 =$I QQ 40.00 x .O6 = $ 2.40 30.00 X .01 = $ .30 $.50.00 X .01 = $ .50 LOT IV, TOTAL FACTORED RATE:170.70 NAME OF FIRM: * SIGNATURE: D.S. EAKINS CONSTRUCTION CORPORATION CINDI M. FRICK Continued .... BID RESPONSE BID ~9-12,0/CB CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) LOT V - FACILITIES DEVELOPMENT & OPERATIONS DEPARTMENT: Page 17 (*) NOTE: BASE RATE SHALL BE HOURLY, MONDAY THROUGH FRIDAY (BETWEEN 7:00 A.M. AND 5:00 P.M.); HOWEVER, COMPENSATION WILL PAID FOR OVERTIME AND HOLIDAY RATES (SEE PAGE 12). BASE PRICE WEIGHT ~ACTORED ITEM DESCRIPTION PER HOUR (*)FACTOR RATE I.C~EW - CONCRETE QR METAL PIPE LA~ING, $ 175.00 X..90 = $ 157.50 consisting of a foreman (with 40 hours of OSHA training), a minimum of three (3) experienced men, including layout, excavating, installing and back filling equipment necessary for laying pipe up to 36" diameter. County to provide mater±a!s. 2.Dump Truck, 15 - 20 cu. yd. capacity $ 50.00 k .02 = $ 1.00 (for concrete and asphalt disposal) when requested with item #i only. Well Point Equipment up to 150 points complete including pump and jetting equipment when requested with item #1 only. $40.00 X .O6 = $ 2[40 Tandem Dump Truck with sideboards 12 cu. yd. capacity when requested with item ~i only. 30.00 X .01 = $ .30 Tri-Axle Dump Truck with sideboards 18 cu. yd. capacity when requested with item #i only. 50.00 X .01 = $ .50 LOT V, TOTAL FACTORED RATE: $ 161.70 NAME OF FIRM: * SIGNATURE:CINDI M. F~ICK - VICE Continued .... BID RESPONSE BID ~99-120/CB Page 18 CREWS WITH EQUIPMENT, RENTAL OF (TERM CONTRACT) LOT VI - EhrVIRONM~NTAL RESOURCES M2~NAGEM_ENT: (*) NOTE: BASE RATE SHTLLL BE 24 HOURS A DAY, 365 DAYS PER YETLR FOR ACTUAL TIME WORKED. ITEM I. DESCRIPTION 4 ~ CREW. FENCE REPAIR, including supervisor and 3 skilled tradesmen, all equipment and tools necessary for repairs of existing split rail and sand fence lines located in Palm Beach County. Palm Beach County shall furnish materials. BASE PRICE PER HOUR $ N/B Is Qualification of Bidders information included, per Term and Condition # 8 ? YES X INITIAL *PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) NAME OF FIRM:D. S. EAKINSCONSTRUCITON CORPORATION * SIGNATURE:9/9/99 CIhU)I M. FRICK - VICE PRESIDEkVf ($1~ & Date)(Prin~) POST OFFICE BOX 9818 33419ADDRESS: 300 WEST 10TH STREET RIVIERA BEACH ST/ZIP: FLORIDA 33404 TELEPHONE #:( 561 ) 842-0001 STATE LICENSE # CG C036066 CITY LICENSE # 01436 00576 FAX #: ( 561 ) 842-0009 1983-06054 CO~y LICENSE # 1988-01968 1988-01970 LICENSE TYPE:GENERAL CONTRACTOR 0C-032 GENERAL EQUIPMENT RENT~ ~TATEMENT OF NO BID BID #9~-120/CB Page 19 you are not bidding on this service/commodity, please complete and return this form to: Palm Beach County Purchasing Department, 50 South Military Trail, Suite ii0, West Palm Beach, FL 33415. Failure to respond may result in deletion of vendor’s name from the qualified bidder’s list for the County of Palm Beach. COMPA/qY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have Service/Commodity declined to bid on your Bid No, because of the following reason(s): for --Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation for Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS : Page 20 ’ DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS/PROPOSALS In accordance with Section 287.087, F.S., a preference will given to vendors submitting with their bids/proposals the following certification that y have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the M/WBE sections of the Palm Beach county Code, sections 2-71 through 2-80.13. In the event tie bids are received from vendors who. have not submitted with thei~ bids/proposals a completed Drug-Free Workplace Certification form, the award will be made in accordance with Palm Beach County’s purchasing procedures pertaining to tie bids. This Drug-Free Workplace. Certification form must be executed and returned with the attached bid/proposal, and received on or before time of bid opening to be considered. The failure to execute and/or return this certification shall not cause any bid/proposil to be deemed non-responsive. Whenever two (2) or more bids/proposals which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/proposal" received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1)Publish a statement notifying e-mployees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and sp6cifying the actions that will be taken against employees for violations of such prohibition. Info.~m employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance prograxns, and the penalties that may be imposed upon employees /or drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number {i) (4)In the statement specified in number (i), notify the employees that, as a condition of working on the commodities or contractual services .that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5)Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community, by any employee who is so convicted. (6)Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by CINDI M. FRICK (Individual’ s Name) the VICE PRESIDENT of {Title/Position with-Company/Vendor} D.S. EAKINS CONSTRUCTION CORPORATION (Name of Company/V~ndor) who does hereby certify program which meets the identified in numbers (I) that said Company/Vendo.r has implemented a drug- free workplace requirements of Sec~n,287.087,/; /Florida Statutes, which arethrough (6) above~,,//’/~~Z 9/9/99 , Signature V x "DateICE PRESIDENT 97 o 0 o 1-4 0 98 PROJECT NO. : LETTER OF INTENT TO PERFORM AS A M/WBE SUBCONTRACTOR PROJECT NAME: (N~e of Pr~e Bidder) The undersigned is certified by Palm Beach County as a (check one): Black Business Enterprise Women Busines~ Enterprise Hispanic Business Enterprise Other (Please Specify) Date of Palm Beach County Certification: The undersigned is prepared to perform the following described work in connection with the above project (Specify in detail particular work items’ or parts thereof to be performed): the follQwing price: (Subcontractor" s quote) and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to sub-subcontract any portion of this subcontract to a non- minority subcontractor or supplier, the amount of any such subcontract must be stated: $ . The undersigned subcontractor understands that the provision of this form to prime bidder does not prevent subcontractor from providing quotations to other bidders. (Print name of M/WBE Subcontractor) By: (Signature) (Print name/title of person executing on behalf of M/WBE Subcontractor) Date: CONSTRUCTION CORPORATION POST OFFICE BOX 9818 RIVIERA 8EACH, FLORIDA 33419 (407) 842-0010 #8-A QUALIFICATION OF BIDDER 3 Contracts completed or underway in the past year I.CORAL SKY PLAZA - BJ’S WHOLESALE CLUB FOR: RANGER CONSTRUCTION - DON HELMS GOOD~N COMPANY_- DON JONES PALM BEACH COUNTY STOCKADE FOR PALM BEACH COUNTY CAPITAL I~ROVE~NTS - JIM BARNES 3. VARIOUS JOBS FOR TOWN OF PALM BEACH - JIM BOWSER List of references in the type of work referenced in the bid: P.~LMBEACH COUNTY ROAD ~N~BRIDGE DEPART~.~NT 3700 BELVEDERE ROAD WEST PALM BEACH, FLORIDA 33406 (561) 233-3955 TOWN OF PALM BEACH 951 OLD OKEECHOBEE ROAD WEST PAI~M BEACH, FLORIDA 33401 (561) 838-5440 JIM SNELGROVE MIKE BOWMA~ STEVE STRONA ALBERT DUSEY JIM BOWSER CITY OF WEST PALM B~=CH 200 SECOND AVENUE WEST PALM BEACH, FLORIDA (561) 659-8000 33402 ERIK OLSEN KEN REARDON RICHARD PITT~L~N SOLID WASTE AUTHORITY 7501 NORTH JOG ROAD WEST PALM BEACH, FLORIDA (561) 640-4000 33412 PAT BEYERS TOWN OF LAKE PARK 659 OLD DIXIE HIGHWAY lAKE PARK, FLORIDA (561) 844-4644 33403 BRIAN SULLIVAN POST OFFICE BOX 9818 RIVIERA BEACH, FLORIDA 33419 (407) 842-0010 #8-A QUALIFICATION OF BIDDER D. S. EAKINS CONSTRUCTION CORPORATION HAS BEEN IN BUSINESS IN PALM BEACH COUNTY SINCE 1971. WE OWN, OPERATE, AND ~INTAIN THE NECESSARY EQUIPMENT INCLUDED IN THE ITEMS WE ARE BIDDING, AND WE E~LOY A FULL-TIME MECSbhNIC AND WELDER, KEEPING DOWN TIME TO A MINIMUM. ALIST OF EQUIPMENT IS AT- TACHED (8-B), AND A LIST OF REFERNENCES IS ATTACHED (8-A). OUR MOST IMPORTANT ASSET IS OUR EMPLOYEES AND THE NUMBER OF YEARS EXPERI- ENCE THEY HAVE, AND ALSO THE NUMBER OF YEARS THEY HAVE WORKED WITH OUR FIRM. WE PLACE A HIGH EMPHASIS ON JOB SAFETY .~ND THE PROTECTION OF BOTH PUBLIC AND PRIVATE PROPERTY. OUR BID HAS BEEN PUT TOGETHER KEEPING THE BEST POSSIBLE PRICE FOR PALM BEACH COUNTY IN MIND AND ENABLING US TO PROVIDE THE BEST POSSIBLE SERVICE IN COMPLETING VARIOUS JOBS. CONSTRUCTION CORPORATION POST OFFICE 8OX 9818 RIVIERA BEACH, FLORIDA 33419 (407) 842-00~.0 #8-B QUALIFICATION OF BIDDER EQUIPMENT LIST (2) 1992 CATERPILLAR 231 BACKHOE 1984 CATERPILLAR 225 BACKHOE 1988 CATERPILLAR 416 LOADER/HOE 1995 CATERPILLAR 416B LOADER/HOE 1985 CATERPILLAR 910 LOADER 1986 CATERPILLAR 950B LOADER 1989 CATERPILLAR 966E LOADER 1996 CATERPILLAR 966F LOADER 1990 READ RD-90 SCREEN ALL BOMAG MODEL BWI42D VIBRATORY ROLLER .1987FORD 6-TON BOOM TRUCK 1995 GMC BOOM TRUCK W/MANITEX 956 CP~aNE 1985,1987,1989,1997 MACK DM686 TRI-AXLE DUM~TRUCKS 1986,1987,1997 MACK RWI3 TRUCK TRACTORS 1992 LOADKING 50-TON LOWBOY TRAILER 1992 LOADKING ROCK HAULER TRAILER 1994 BORCO DUMP TRAILERS 1992 MILLER 600D WELDER 1993 BOBCAT MODEL 753 1997 BOBCAT MODEL 753 *ADDITIONAL EQUIPmeNT LIST AVAILABLE UPON REQUEST 7960 ARLINQTON EXPRESSWAY SUITE 300 JACKSONVILLE FL 32211-7467 FRICK, CINDI M O S EAKINS CONSTRUCTION CORP PO BOX 9818 RIVIERA BEACH FL 33419 5I4,4.334 DETACH HERE ..... ’’" :--S.T~’TE QEFEORIDA +.,.-..~:’-.. :.~.;’~:...’ DEPARTMENT;OF.- B.~STNES,~/~ AND-PRO~S~ONAL R’E~U~AT[ON ~-.? ~ ’ -. CONS~;IND~S~R~LEC~S~N~" BOA~ ’-~ -. .. ~. ’ ~i ’ CINDI M ~ AKINS CONSTRUCTION CORP X 9818 .- RA BEACH FL 334L9 WTON CHILES DISPLAY AS REOIII~=n Rv ~ ~w RICH Office of Small Business Assistance 50 S. Military Trail. Suite 209 West Palm Beach. FL 33415 (561) 616-6840 F~x: (561) 616-6850 www.pbcgov.com Palm Beach County Board of County Commissioners Warren H. Newell. Chairman. Carol A. Roberts. Vice Chair Karen T. Marcus Mary McCarty Burr Aaronson Tony Masilotu Addle L. Greene County AdminlsU-ator Rober~ Weisman Equal Opportunity i:~’rmarive Action Employer March 30, 2001 D.S. Eakins Construction P.O. Box 12185 Lake Park, FL 33403 Certification Date: 03/30/200 03/30/2004. SERVICES: CONSTRUCTION-SITE PR Trucking/Heavy Hauli CONSTRUCTION - HEAVY CONSTRUCTION CONTRAC ATTN: Sandi Eakins The Palm Beach County Office of Small and Minority/Women Business Assistance has completed its review of the documents you submitted for renewal of your firm’s certification as a Women’s Business Enterprise (WBE). We are pleased to inform you that certification has been renewed for three (3) years. Your firm shall be subject to the provisions of the Palm Beach County Purchasing Ordinance and all State and Federal laws relating to the ~transaction of business. This certification entitles you to participate in contracting opportunities when the products and services offered by your firm~-are being considered for bid. As an additional service to your firm you will be included in the Palm Beach County Directory of certified M/WBE firms. If you wish to have your firm’s listing changed, please contact our office at (561) 616-6840. Your company’s certification is subject to periodic review to verify your continued eligibility. You are required to notify us, at any time, if the minority status of your firm changes. Failure to report such changes may result in your firm being decertified. /S~erely, Patricia M. Wilhelm, Certification Specialist, Palm Beach County, Office of S/M/WBA 104~ p6nted on recycled paper CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 15, 2001 Meeting Date: May 17, 2001 Subject/Agenda Item: Resolution 75, 2001-San Michele-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed b~-~ City Attorne~.~ Finance ACM Other ~d by~-,~ j Sean C. Donahue, P.E. Assistant City Engineer City Manager Originating Dept.: Growt~ Management Advertised: [X ] Not Required Affected parties [ ’] Notified [X] Not required Costs: $ 0 (Total) $. 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued t~: Attachments: [ ] None BACKGROUND: See attached memorandum. w/ CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. ¯MEMORAND UM Carol Gold Sean C. Donahue, P.E. May 15, 2001 99-4044 SUBJECT: San Michele (AKA Frankel-Parcel 4.08)-Plat We have completed our review of the plat for the referenced project prepared by Bench Mark Land Surveying & Mapping, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat, therefore we recommend its approval. SCD/ PAPROJECTSkPBGMEMO\4044\4044ze RESOLUTION NO. 75, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE SAN MICHELE PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the San Michele 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, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRso NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the San Michele Plat consisting of five (5) sheets dated May 2001, prepared by Bench Mark Land Surveying & Mapping, Inc., attached hereto as Exhibit SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this 2001. day of ATTEST: JOSEPH R. RUSSO MAYOR CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 75, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT m m ..% 0"1’I (UNPLATFED) NO1°17’32"E 1569.36’ r’~~Z ............ - ...../~1 m > ~ I’ll ~"UP-l" TRACT "UP-2" ~ ~ S00°48’04"W 2950.04’ --t ---~ C/L CENTRAL BOULEVARD o 0 C Z mm 0 NOO’48’O4"E I $5’ UllUTY AND CHD=27.35’C25 R=75’ CA=9~O0’O0"L=117.81’LCB=N45"48’O4"ECHD=135,76’C19 R=G2’ CA-25*2O’1g’L=27,58’LCB=S76"2T1?ECHD=50.82’C26 R=g6’ CA=9~O0’O~L=~50.80’LCB=N45’48’O4"E CH0=61.77’C27 R=117’ CA=B4.45,3b~L=132"24’LCB=N58~25’16~E > RACT "UP-2" ~ S00’48’04"W 2950.04’ -- ~ C/L CENiRAL -BOULEVARD ~ I CURVE DATA CURVE DATA ~1C34 R=33’ CA=9(~O0’O0" L=51.84’ LCB=N4e48’O*’E CHD=4&67’C40 R=142’ C~=2~42’01"L=71.13’HD.59+9.1CA=2B’42’O 1=L=60.61 ’ LCB=N15"og’o4"E ~HD=I 12.1~7,NOOO48’O4"E I 25’ UTIU~’ ANO I z 0 Z z m r- t- O mm 0-n 160.71’ TRACT "uP-, 246.36’ 278.59’ S00°48’04"W 2950.04’ X"C~L CENTRAL BOULEVARD ~ II’1 mz > r" 0 m CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: May 15, 2001 Meeting Date: May 17, 2001 Subject/Agenda Item: Resolution 87, 2001-BallenIsles-Pod 15-Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: City Attorney Finance ACM Other .~Su, bmitted by:/~ ~ _ ~onahue, P.E. Assistant City Engineer City Manager Originating Dept.: Growth Management Advertised: [_._X ] Not Required Affected parties [ ] Notified [X] Not required Costs: $ 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action:, [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None w/ BACKGROUND: See attached memorandum. CONSULTING (]VIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORA ND UM Carol Gold Sean C. Donahue, P.E. (~ May 15, 2001 00-4164 SUBJECT: BallenIsles-Pod 15 We have completed our review of the plat for the referenced project prepared by Keshavarz & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat, therefore we recommend its approval. SCD/ cc: Melissa Prindiville P:LPROJ ECTSW B GM EMO\4164\4164t RESOLUTION NO. 87, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE BALLENISLES- POD 15 PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Ballenlsles-Pod 15 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, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Ballenlsles-Pod 15 Plat consisting of four (4) sheets dated April 2001, prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of ., 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 87, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 SUBJECT/AGENDA ITEM: Public Hearing and Second Reading: Ordinance 9, 2001, consideration of approval for a voluntary annexation of a parcel of land currently located approximately 0.2 of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard immediately south of the Prosperity Center Shopping Center. RECOMMENDATION: Staff recommends approval of Ordinance 9, 2001, on Second Reading. Reviewed by:" " City Attorney ~ Finance NA ACM Human Res. NA Other NA rowth Managerial]; Director Appro~ City Originating Dept.: Growth Management Growth Ma/oagement Advertised: Date: May 2, 2001 Paper: P B Post [X] Required Affected parties "EN-~tified [X] Not required Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Ordinance 9, 2001 ¯ Location map ¯ Section 171.0413, FL Statutes [ ] None REQUEST: Urban Design Studio, agent for Prosperity Shopping Center Corporation, is requesting a voluntary annexation of a parcel of land of 0.70 acres located immediately south of Prosperity Center, which fronts on PGA Boulevard and Prosperity Farms Road. The applicant has submitted a separate petition requesting a small-scale amendment to the City’s Future Land Use Map to change the current Palm Beach County land-use designation of the subject parcel from Low Residential-3 to Palm Beach Gardens Commercial. 105 City Council Meeting Date: May 17, 2001 Prepared on : April 25, 2001 Petition: AX-00-010 BACKGROUND: The petitioner has requested the voluntary annexation of the vacant nursery parcel so as to provide additional parking for the Prosperity Center shopping center. The current land-use designation of the subject parcel is Palm Beach County Low Residential-3. The proposed designation is Palm Beach Gardens Commercial. The subject parcel is surrounded by properties whose land-use .designations consist of Commercial to the north, Low Residential-3 (Palm Beach County designation) to the east and south, and Professional Office to the west. These uses are compatible with the proposed Commercial land-use change, provided adequate setbacks and buffering standards are implemented dudng the site plan review phase to buffer the residential area from the proposed commercial use. The proposed parking area is to be incorporated into the master site plan for the Prosperity Center shopping center through a public hearing process before the Planning and Zoning Commission and the City Council. All owners of property within 500 feet of the subject site will be mailed a copy of the public notice for these hearings. POTENTIAL IMPACTS ON CITY SERVICES: The subject site is located immediately south of the Prosperity Center, which is within the City’s jurisdictional boundaries. The shopping center already receives City services, .such as fire and police. Consequently, annexing the subject parcel and incorporating it into the shopping center would not be a burden on City services. In addition, the subject parcel is a vacant nursery and the petitioner will be required to provide central water and sewer, and satisfy the drainage requirements required by the City’s Comprehensive Plan. ¯ CONSISTENCY WITH ADOPTED FUTURE ANNEXATION AREA (MAP J): The subject parcel is included in the City’s future annexation area south of PGA Blvd. and between Prosperity Farms Road and the Intercoastal Waterway, which is depicted on Map "J." The Map is part of the adopted Future Land Use Map Series of the City’s Comprehensive Plan. Therefore, the proposed annexation is consistent with the Map. COMMENTS FROM NEARBY MUNICIPALITIES AND COUNTY: Staff has notified the County and the Village of North Palm Beach regarding the proposed annexation. Staff has received no objections or concerns from either the County or the Village. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 9, 2001, since the parcel proposed for annexation is part of the City’s future annexation area, as depicted on Map J. Furthermore, the annexation would not burden City services and is consistent with Chapter 171, Florida Statutes, which requires the subject parcel to be reasonably compact and contiguous to the City’s boundaries. G:Talal/Ax-O0-O 10-cc-st 106 Adopted January 4, 1990 Amendment.Adopted Aug’.st 1, 1991 Amendment Adopted September 5, t991 .Amendment Adopted December 5, 1991 PROSPERITY CENTER PUD II I ANNEXATION & FUTURE AMENDMENT ~ROSPERITY CENTER PUD PALM BEACH GARDENS, FL UDS Job#: 00-008.00 "!7..~.... ¯ .-,..,~.~ TT.’.,..,. ~ /1",.-., ".,.,.. ~ .... A ........ "~ ,~aa,~ :43 42 05 LUP: C ZONE: CG-I Harbour Shoppes LUP: C ZONE: CG-1 Soverel Marina PGA BOULEVARD LUP: C ZONE: CO-1 PGA Plaza LUP: C ZONE: CG-1/PUD Prosperity Plaza CIRM ~. CG-1/Rh Wat~.rway.Cafe.~ LUP: RH ZONE: RH/PUD Prosperity Oaks LUP: C Zone: CG- 1/PUD Heartland Health Care Center LUP: LR-3 ZONE: RS SITE LUP: PO ZONE: PO/PCD Prosperity Gardens LUP: LR-3 Zone: RS Pirates Cove LOP: PO ZONE: PO/PCD Oakpark Offices PROSPERITY CENTER .~kNNEXATION & FUTURE- LAND ~LAN AMENDMENT Scale 1 ’ROSPERITY CENTER PUD ’ALM BEACH GARDENS, FL ._UDS Job#: 00-008.00 A wake-up call. Consultant a~ Kalvhz Platt has some strong words for his public planning counterparts. Platt is chairman of the SWA Group, a landscape architecture, planning, and urban design firm based in Sausalito, California. p ublic planners no longer plan. They administer. They stick with what’s safe, what’s familiar. They seem to be afraid of committing themselves to a plan, afraid of taking a stand, oFsaying, "This is what should be done." What caused this situation? Why aren’t public planners designing downtown redevelop- ments, suburban infill projects, and important parks? There are two major reasons. One is a lack of physical planning skills. Since the late 1950s, university curriculums have been moving away from physical planning courses and stressing policy and political issues. As public planners_got more involved in government work, the universities began training their students to be bureaucrats. That left physical planning in the hands of architects and landscape architects, who don’t necessarily have the skills to do the whole job. A second reason is the effect of public criticism. The often fierce controversies associated with programs like urban renewal caused government agencies to pull back from physical planning. Faced with a lack of community Support and even outright hostility, it’s only ht, ma9 nature to duck out. But that doesn’t hdp our communities, which, after 50 years of bureaucracy, not planning, need all the hdp d,cy can get. What can’be done? First, universities need to start teaching more physical planning skills tied into urban design. Harvard and some other schools have already begun putting the basics back into thdr planning courses. Second, public planners need to go back to school to get the skills they lack. Learning to draw, to use computer programs, and to design redevelopment and thrill projects will give them new confidence. Third, pttblic agencies need to get back into the planning business and provide on-thojob training in urban design skills. Finally, planners must become a whoh: lot braver and put thcmsdvcs on the line to bc~ter their communities. The communities that public planners are supposed m serve arc becoming mor~: receptive m new ideas. Many citizens want to deal acdvdy with pkmning is,,iucs in their towns. They want m have a say in downtown development and cnvirol’tmcntal protection. They would wdcomc knowledgeable advice. Public planners could take a lesson from SUCCeSSfUl private plimncrs, who have ~camcd hmv to package their ideas skillfully and how to gain community consensus. Design charettes, particularly as they’ve been used by the new urb;mists, are a good example. The charettcs demonsm~rc that it’s possible to rally" citizens around it pla,ming process that begins with an invitation to "get together and solve these problems." The charettes are a way to educate the public about design principles and to overcome opposition to create the best phn to serve community needs. A puMic planner can come out o~;a successful charcttc looking like a hero. Charettcs are also a marvelous marketing tool, yet they arc of’ten missing from traditional pubfic planning. Planners need to lear,, from the private sector how to market their skills to different pt, blic and private constituencies. ’~" The most important advice is to stop assuming that things can’t be done differently. Get out there ;rod see what’s happening in your community. Get some training if you need it. Then create the plan that will most benefit the stakeholders lind brit~g the public into the planning process through charetres and other me:ms. Market the phm. Finally, stand up for what’s right by vigorously championing and implementing the plan you have created. You and your community will be the winners. APA Board of Directors President Bruce W. blcCIendon, Immediate Past President Joanne Oarnett, Michael Chandler Robert B. Hunter, aloe Vivian Kahn, Bruce A. Knight, Sam Casel]a, Sarah S. More, AIC~ Mary Kay Peck, atcv David hi. Siegel, a~cp Mitchell J. Silver, a~ce Carol Swayne Ralph Willmer, AICP Commission President Sam Casella, va~cr Immediate Past President Norman Krumholz, Mcp V. Gail Easley, Laurence C. Gerckcns, VAtCe Michael A. Harper, Robert P. blitchcll, ,uce Sue E. Pral/, Sue Schwartz, ~c*, Planning Staff Editor and Publisher Sylvia Lewis Executive Editor Ruth Eckdish Knack, atct, Associate Editor James II. Andrews Art Director Richard Scssi,m.s Graphic Designer Design Associate Lisa Barton Copy Editor Shcrrie Voss Matthcws Editorial A~sislanl La Walldll Tucker C,mlribnting l{ditur Design Consultaot John Ma~scy AI’A Staff Executive Director W. Paul Farmer. Chief Opcraling Olficcr AI’A General Offices Phmning and Chicago Office 122 S. Michigan Ave., Sic. Chicag,~, I[. 60603 "l’clel~h,mc 312.~31.9 iO0 Fax :~ I 2..131-9985 AICP and Washington Office L776 Massachusetts Ave., NA Washing/on, DC "l’clcphtmc 202-872-(1611 Fax 202-872.0643 APA National Advertising Jcri Parish {Chlcagol Advertising Manager Telephone 312.431-9 Fax 312-431-9985 A wake-up call. Consultant a~ Kalvin Platt has some strong word, for his public planning counterparts. Platt is chairman of the SWA Group, a landscape architecture, planning, and urban design firm based in Sausalito, California. p ublic planners no longer plan. They administer. They stick with what’s safe, what’s familiar. They seem to be afraid of committing themselves to a plan, afraid of taking a stand, of saying, "This is what should be done." What caused this situation? Why aren’t public planners designing downtown redevelop- ments, suburban infill projects, and important parks? There are two major reasons. One is a lack of physical planning skills. Since the late 1950s, university curriculums have been moving away from physical planning courses and stressing policy and political issues. As public planners~ot more involved in government work, the universities began training their students to be bureaucrats. That left physical plannmg m the hands of architects and landscape architects, who don’t necessarily have the skills to do the whole job. A second reason is the effect of public criticism. The often fierce controversies associated with programs like urban renewal caused government agencies to pull back from physical planning. Faced with a lack of community support and even outright hostility, it’s only hufiaan nature to duck out. But that doesn’t help our communities, which, after 50 years of bureaucracy, not planning, need all the help they c:m get. What can’be done? First, universities nccd to start teaching more physical planning skills tied into urban &sign. Harvard and s0mc other schools have already begun putting the basics back into their planning courses. Second, public planners need to go back to school to get the skills they lack. Learning to draw, to use computer programs, and to design redevelopme,~c and in fill projects will give them new confidence. Third, public agencies need to get back into the planning business and provide on-the-job traitfing in urban design skills. Finally, planners must become a whole lot braver and put themselves on the line to better their communities. The communities that public planners are sttpposed to serve are becoming mor~: receptive to new ideas./vlany citizens want to deal actively with planning issues in their towns. They want to have a say in downtown devdopment and environmctmd protection. They would wdcomc knowledgeable advice. Public planners could take a lesson from sttcccssful private planners, who have learned how to package their ideas skillfully and how to gain conmwnity consensus. Design charettes, particularly as they’ve been used by the new urbanists, are a good example. The charectes demonstrate that it’s possible to rally citizens arot,nd a planning process thac begins with an invitation to "get together and solve these problcn~s." The charectes are a way m educate the public about design principles and to overcome opposition to create the best plan m serve community needs. A public planner can come out ofa succcssfitl charcttc looking like a hero. Charcttes are also a marvelous marketing tool. yet they arc often missing from traditional public planning. Planners riced to learn from the private sector how to market their skills to different public and private constituencies. The most important advice is to stop assuming that things can’t bc done differently: Get out there and see what’s happening in your community. Get some training if you need it. Then create the plan that will most benefit the stakeholders and bring the public into the pl:mning process through charettes and other mea.ns. Market the plan. Finally, stand up fi)r what’s right by vigorously championing and implementing the plan you have created. You and your community will be the winners. APA Board of Directors President Bruce W, McClendon, FAICP Immediate Past President Joanne Garnett, Michaet Chandler Robert B. Hunter, alcP Vivian Kahn, Bruce A. Knight, Sam Caseila, Sarah S. More, Mary Ka~ Peck, a~cv DavidM. Siegel, atc, Mitchell J. Silver, Carol Swayne Ralph Willmer, n*ce ~ICP Commission President Sam Casella, Immediate P~st President Norman Krumholz, V. Gall Easley, Laurence C. Gerckens, Michael A. Harper, alce Robert P. Mitchell, Sue E. Pratt, aicP Sue Schwartz, Planning Staff Editor and Publisher Sylvia Lewis Executive Editor Ruth Eckdish Knack, a~c~, Associate Editor James 1-{. Andrc~s Arl Director Richard Sessions Graphic Designer Susan Lee Deccan Design Associate Lisa Barton Copy Editor Shcrrie Vows Mattbews Editorial Assistant I.itWatlda ’l’ttckcr Contributing Editor William Fulton {)csign Cmasultant John Masscy AI’A Staff Executive Dircclor Chief Operating Officer Charhlltc McCaskill APA General Officc~ Phtnning and Chicago Office 12~ & Michigan Ave., Chicago, [L Tclcl~htme :~ 12-431.9 Fax [] 12.,H 1-9985 AIC[’ and Washinglon Office 1776 Massachusclls Ave., N.~ WashingtmL DC 20036 Telephone 202-872.0fi I l Fax 202.872.0643 APA Natim~al Advertising Jcri Parish {Chicago) Advertising Manager ¯"l’clcphonc :l 12-~3 { .9 Fax 312-431-9985 Kalvin Plait has some strong words for his public planning counterparts. Platt is chairman of the SWA Group, a landscape architecture, planning, and urban design firm btued in Sausalito, California. p ublic planners no longer plan. They administer. They stick with what’s safe, what’s familiar. They seem to be afraid of committing themselves ro a plan, afraid of taking a stand, of saying, "This is what should be done." What caused this situation? Why aren’t public planners designing downtown redevelop- ments, suburban thrill projects, and important parks? There are two major reasons. One is a lack of physical planning skills. Since the late 1950s, university curriculums have been moving away from physical planning courses and stressing policy and political issues. As public planners~ot more involved in government work, the universities began training their students to be bureaucrats. That left physical planning m the hands of architects and landscape architects, who don’t necessarily have the skills to do the whole job. A second reason is the effe~vof public criticism. The often fierce controversies associated with programs like urban renewal caused government agencies to pull back from physical planning. Faced with a lack of community support and even Outright hostility, it’s only human nature to duck out. But that doesn’t help our communities, which, after 50 years of" bureaucracy, not planning, need all the help they can get. What can’be done? First, universities need to start teaching more physical planning skills tied into urban design. Harvard and some od~er schools have already begun putting the basics back into their planning courses. Second, public planners need to go back to school to get the skills they lack. Learning to draw, m use computer programs, and to design redevelopment and thrill projects will give daem new confidence. Third, public agencies need to get back into the plaaning business and provide on-the-job training in urban design skills. Finally, planners must become a whole lot braver and put themselves on the line to better their communities. The communities that public planners are supposed to serve are becoming mod: receptive ui new ideas. Many citizens want to deal actively with planning issues in their towns. They want to have a say in downtown development and environmental protection. They would welcome knowledgeable advice. Public planners could take a lesson from successful private planners, who have learned how to package their ideas skillfully and how to gain commu,fity consensus. Dcsig9 charcttcs, particularly as they’ve been used by the new utbanists, are a good example. The charcttcs demonstrate that it’s possible to rails- citizens around a planning process that begins with an invitation to "get together and solve these problems." The charettcs are a way to educate the public about design principles and to overcome opposition to create the best plan to serve community needs. A pttblic planner can come out oft successful charctte Iooldng like a hero. Charcttes arc also a marvch3us marketing tiM. yet they arc of’ten missing from traditional public planning. Planners need to learn from the private sector how to market their skills to dif’ferenr public and private constituencies. The most important advice is to stop assuming that things can’t be done differently’. Get out there and see what’s happening in your commtmity. (..;ct some training if you nccd it. Then create the plan that will most benefit the stakeholders a,d bring the public into the planning process through charcttcs and other mciuls. Market the t~lan. Finally, stand up for what’s right by vigorously championing and implementing t}~c phm you have created. You and your community wilt be the winners. APA Board of Directors President Bruce W. McClendon, ~alce Immediate Past President Joanne Garnett, Michael Chandler Robert B. Hunter, .’ucP Vivian Kahn, Bruce A. Knight, A~CP Sam Casella, Sarah S. More, ,.uc~ Mary Kay Peck, AtCP David M. Siegel, Mitchell J. Silver, Carol Swayne Ralph Willmer, ~tc~ AICP Commission President Sam Casella, Immediate Past President Norman Krumholz, AICP V. Gall Easley, ~atcv Laurence C. Gerckens, FAICP Michael A. Harper, Robert P. Mitchell, Sue g. Pratt, aicP Sue Schwartz, Planning Staff ~ditor and ~ublishcr Sylvia Lewis Executive Editor Ruth Eckdish Knack, Associate Editor James H. Andrews Art Director I~ichartl Scssh)ns Graphic Designer Design Associate Lisa Bartm~ Copy Editar Shcrric Voss Malthews Editorial Assistant [,aW;inda Tucker Gmlributing Editnr William Fultno Design Consultant John Masscy AI’A Staff Executive Director ~V. Patti Farmer, AICI’ Clmrhfllc McCaskill APA 6cueral I’hmning and Clticago Office 122 S. Michigao Ave., SIc. 16¢ Chicago, IL ’I’ctcph-nc 312-~31 .t~ 11111 Fax 312-,13141985 AICI’ and Washington Office t776 MassachusctLs Ave., N. Washington, DC 20036 ’l’clcphonc 202.872-061 I Fax 202.872.06~3 APA Na0onal Advcrdsiag Jer~ Parish Advertising Manager Telephone 312-~3 l-~ }:;* x 312-,131-9985 A wake-up call. Consultant a~ Kalvin Platt has some strong worth for his public planning counterparts. Plau is chairman of the SWA Group, a hmdscape architecture, planning, and urban design firm based in Sausalito, California. D ublic planners no longer plan. They administer. They stickwith what’s safe, ~-’-’~. what’s familiar. They seem to be afraid of committing themselve, s to a plan,~ afraid of taking a stand, of saying, "This is what should be done.’ What caused this situation? Why aren’t public planners designing downtown redevelop: ments, suburban infill projects, and important parks? There are two major reasons. One is a lack of physical planning skills. Since the late 1950s, university curriculums have been moving away from physical planning courses and stressing policy and political issues. As publis p[anners~ot more involved in government work, the universities began training their students to be b~eaucrats. That left physical planning in the hands of architects and landscape architects, who don’t necessarily have the skills to do the whole job. A second reason is the effect of public criticism. The often fierce controversies associated with programs like urban renewal caused government agencies to pull back from physical planning. Faced with a lack of community support and even outright hostility, it’s only human nature to duck out. But that doesn’t help our communities, which, after 50 years of bttrcaucracy, not planning, need all the help dtcy can get. ¯ What can’be done? First, universities nccd to start teaching more physical planning skill~ tied into urban &sign. Harvard and some other schools have already bcgun putting the basics back into their phnning courses. Second, public planners nccd m go back to school to get the skills they lack. Learning to draw, to use computer programs, and to design redevelopment and infill projects will give them new confidence. Third, public agencies need to get back into the planning business and provide on-the-job training in urban design sldlls. Finally, planners must become a whole lot braver and put themselves on the line to better their communities. The communities that public planners arc supposed m serve arc becoming morb receptive to new ideas. Many cidzcns want to deal activdy with plamfing issues in their towns. They want m have a say in downtown development and environment:d protection. They would wdcome knowledgeable advice. Public planners could take a lesson from successful private planners, who have learned how to package their ideas sldllfully and how m gain community consensus. Design charcttcs, particularly as they’ve been used by the new urbanists, area good example. The charettcs demonstrate that k’s possible to rally citizens around a planning process that begins with an invitation to "get together and solve these problems." The charettcs are a way m educate the public about design principles and to overcome opposition to create the best plan m sewe community needs. A public planner can come out .fa success~hl charette looking like a hero. Charettes are also a n~arvelous marketing tool, yet they arc o~ken missing from traditional public planning. Planners need to learn from the private sector hmv to marker their skirls to different public and private constituencies. The most important advice is to stop assuming that things can’t be done differendy. Get out there and see wha(s happening in your community. Get some training if you need it. Then create the plan that will most benefit the stakeholders and bring the public into the planning process through charettes and other me:ms. Market the plan. Finally. stand up for what,s right by vigorously championing and implementing the plan you have created. You and your community will be d~e winners, APA Bo~*rd of Directors President Broce W. blcClendon. ~Mcv Immediate Past President Joanne Garnett, Michael Chandler Robert B. Hunter, Vivian Kahn, ~a~cv Bruce A. Knight, a~ce Sam Casella, FarCe Sarah S. More, Mary Kay Peck, David M. Siegel. a~cv Mitchell ]. Silver~ a~ce Carol Swayne Ralph Willmer, atcv AICP Commission Presidem Sam Casella, Immediate P~st President Norman Krumholz, V. Gall Easley, Laurence C. Gerckens, Michael A. Harper, ,ucP Robert P. Mitchell, atcv Sue E. Pratt, Sue Schwartz, Planning Staff Editor and Publisher Sylvia Lewis Executive Editor Rtah Eckdish Knack, Associate gdilor James }l, Andrews Art Director Riclmrd Sesshms Graphic Designer Su~an Lcc Dccgan Design k,ssocialc l.is~ Barton Copy Edilor Sherrie Voss Matthcws Iklitori;d Assistan~ I,aWam[a Tucker Contributing Editor William Full.n Design Consultant John Masscy Executive Director W. Paul I?armcr, awl, Chief Opcraling Officer Charlotte blcCaskill i~P*~ Gc**crad Offices I’hmning and Chicag~ Office 122 S. Michigan Ave., Sic. Chicago, IL 60603 Telephone 312-431-9100 I:a x :~ l 2-,l:] 1-9985 AICP and Washington Office 1776 Massachusetts Ave., NA Washington, DC 20036 "[’c]cphone Z(12.872.0611 Fax 202.872.0643 APA Nafiomd At/vertisi,~g Jcri Pari~h {Chicago~ Advertising Manager Telephone 312-~’31-9 Fax 312-431-9985 A wake-up call. Consultant a~ Kalvin Platt has some strong words for bis public planning counterparts. Platt is chairman of the SWA Group, a landscape architecture, planning, and urban design firm b~ued in Sausalito, California. p ublic planners no longer plan. They administer. They stick with what’s safe, what’s familiar. They seem to be afraid of committing themselves to a plan, afraid of taking a stand, of saying, "This is what should be done." What caused this situation? Why aren’t public planners designing downtown redevelop- ments, suburban infill projects, and important parks? There are two major reasons. One is a lack of physical planning skills. Since the late 1950s, university curriculums have been moving away from physical planning courses and stressing policy and political issues. As public lanners ot more involved in overnment work the universities be an trainin theirstudenrspg,g g to be bureaucrats. That left physical planning in the hands of architects and landscape architects, who don’t necessarily have the skills to do the whole job. A second reason is the effect of public criticism. The often fierce controversies associated with programs like urban renewal caused government agencies to pull back from physical planning. Faced with a lack of community support and even outright hostility, it’s only human nature to duck our. But that doesn’t help our communities, which, after 50 years of bureaucracy, not planning, need all the hdp they can get. What tan’be done? First, universities need to start teaching more physical plimnlt~g skills tied into urban design. Harvard and some od~¢r schools have already begun purrit~g the basics back into thdr planning ¢ou=es. Second, public planners need to go back to school to get the skills they lack. Learning ¢o draw, m use computer programs, and to design redevelopment and infill projects will give them new confidence. Third, public agenclm need to get back into the planning business and provide on-the-job training in urban design sldlls. Finally, planners must become a whole lot braver and put thcmsdvcs on the line to better their communities. The communities that public planners are supposed to serve arc becoming mor~ receptive to new ideas. Many citizens want to deal actively with planning issues in their towns. They want to have a say in downtown dcvdopmcnt and cnviromncntal pro~cction. They wouht welcome knowledgeable advice. Public planners could take a lesson from succcssl]l[ private planners, who have learned h~w to package their ktcas skillfidly and how to gain community consensus. Design charcrrcs, particularly as they’ve been used by the new urbanists, arc a good example. The charcttes demonstrate that it’s possible to rally citizens aro,md a planning process that begins with am invitation to "get together and solve these problems." The charcttcs arc a way to educate the public about design principles and m overcome opposition to create the best plan to sen’c community needs. A public planner can come our ofa succcssfid cbarcttc looking like a hero. Charcttes arc also a marvelous marketing to,~l, yet they arc often mis.~ing from traditional public planning. Planners need to learn from the private sector how m market their skills to different public and private constituencies. The most important advice is to stop assuming that ddngs can’t bc done diffcrcndy. Get out there and see what’s happening in your corn mullity. Get some training if you need it. Thc~, create the phn that will most benefit the stakeholders and bring the public into the planning process through charctres and other mca.ns. Market the plan. Finally, stand up for what’s right by vigorously championing and imptc~hcnting the plan you have created. You and your community will be &e whiners. APA Board of Directors President Bruce W. McClendon, ¢alce Immediate Past President Joanne Garnett, AICP Michael Chandler Robert B. Hunter, atce Vivian Kahn, ~alC~" Bruce A. Knight, A~cv Sam Casella, Sarah S. More, a~ce Mary Kay Peck, David M. Siegel, Mitchelt J. Silver, Carol Swayne Ralph Willmer, AICP Comnaission President Sam Casella, Fame Immediate Past ~residcnt Norman Krumholz, atct’ V. Gall Easley, ~AtCe Laurence C. Gcrckcns, FArCe Michae[ A. Harper. a~c~’ Robert P. Mitchell, Sue E. Pratt, atcl, Sue Schwartz., Planning Staff Editor and Publisher Sylvia Lewis ~. Executive Editor Rolh gckdish Knack, A~Ct’ Associate Editor James H. Andrews Art Director Richard Scssim~s Gral~hic Designer SUSiHI Lee Deegan Design Associate Lisa Bartt~n Copy Editor Shcrric Voss Matthcws I,aWanda Tucker Contrihuiiog Edilor William Fullon I)csign Cousultant ],~lm Masscy AI’A Statf I~xccutivc Dircdor " W. Paul Farmer, Chic~ Opcraling Of fleer Cbarh~ttc McCaskill AI’A General Offices Phmning and Chicago Office 122 S. Michigan Ave., Stc. Tclclflmnc 312-~31-9 Fax 312-,t31 AICP and Washington Office 1776 blassachusetts Ave., N. Washington, DC 20036 Tctcphunc 202-872-061 Fax 202-872-06a3 APA Nalional Advertising Jcri Parish lChicagol Advertising blanagcr Telephone 312-43 t-9100 Fax 312+431-9985 A wake-up call. Consultant ~ Kalvin Platt has some strong words for his public planning counterparts. Platt is chairman of the SWA Group, a landscape architecture, planning, and urban de~ign firm based in Sausa[ito, California. p ublic planners no longer plan. They administer. They’stick with what’s safe+ what’s familiar. They seem to be afraid of committing themselves to a plan, afraid of taking a stand, of saying, hts ts what should be done. What caused this situation? Why aren’t public planners designing downtown redevelop- ments, suburban infill projects, and important parks? There are two major reasons. One is lack of physical planning skills. Since the late 1950s, university curriculums have been moving away from physical planning courses and stressing policy and political issues. As public planners~got more involved in government work, the universities began training their students to be bureaucrats. That left physical planning in the hands of architects and iandscapc . architects, who don’t necessarily have the skills to do the whole job. A second reason is the effect of public criticism. The often fierce controversies associated with programs like urban renewal caused government agencies to pull back from physical planning. Faced with a lack of community support and even outright hostility, it’s only human nature to duck out. But that &~csn’t help our communities, which, after 50 years of" bureaucracy, not planning, need all the help they can get. What can’be done? First, universities nccd m start teaching more physical planning skills tied into urban design. Harvard and some other schools bare already begun ptttting the basics back into their planning courses. Second, public planners need to go back to school to get the skills they lack. Learning to draw, to use computer programs, and to design redcvelopmcn~ and infill proiccts will give them new confidence. Third, public agencies need to get back into the plan,aing business and provide on-the-job training in urban design skills. Finally, plan,acts must become at whole lot braver and put themselves on the line to better their communities. The commt, nities that public planners arc supposed m serve are bccomlng mor~ rcccpdvc to new ideas. Many citizens want to deal actively witlt platmi*~g issues in their towns. They want to have a say in downtown dcvdopment and cnvimntncntal protection. They would welcome knowledgeable advice. Public planners could take a lesson from successful private planners, who have learned how to package their ideas skillf’ully and how to gain contmt, nlty consensus. Design cbarettes, particularly as they’ve bccn used by the new urbanists, arc a good example. The charcttcs demonstrate that it’s possible to rally citizens around a planning process that begins with an invitation to "get together and solve these problems." "l’}tc charcttcs arc a way to educate the public about design principles and to overcome opposition to create the best plan to serve community needs. A public planner can come out ora succcssful charcttc looking like a hcr~L Charcttes arc also a naarvclous marketing tool, yet they arc often missing from traditional public p!anning. Planners need to learn from the private sector how to market their skil~ls different public and private constituencies. The most important advice is to stop assuming dtat tbi~gs can’t be done differently. out there and see what’s happening in your commtmity. Get some training if you nccd it. Then create the plan that will most benefit the stakeholders and bring the public into the planning process through charcttes and other mca.ns. Market the plan. Finally, stand up for what’s right by vigorously championing and implementing the plan yot, have created. You and your community will bc the winners. APA Board of Directors President Broce W, McClendon, Immediate Past President Joanne Garnctt, .~cv Michael Chandler Robert B. Hunter, ~tcr" Vivian Kahn, Bruce A. Knight, Sam Casella, Sarah S. More, Mary Kay Peck, atcP David M. Siegel, Mitchell J. Silver, atce Carol Swathe Ralph Willmer, AICP Con)mlsslon President Sam Casella, FAICP Immediate Past President Norman Krumholz, V. G~il Easley, Laurence C. Gerckens, FAICP Michael A. Harper, Robert P: Mitchell, .ace Sue E. Pratt, ,ucm, Sue Schwartz, AtCt’ Planning Staff Editor and Publisher Sylvia Lewis ~xeculive Editor Ruth Eckdish Knack, Associale Editor James H. Andrews Art Dircctnr Richard Sessions Graphic Designer Dcnign Associate Copy Editor Sbcrric Vox~ Manhcws I’~dih~rial Assistant l.aWam~da ’racker Contributing William Fulton Design Consultant J,)bn Massc~ AI’A Shift Executive Director W. Paul Farmer. atce Chic[ ()pcraling Olficcr Charlollc McCaskill APA General Offices Planning and Chicago Office 122 S. Michigan Ave., Sic. Chicago, IL Fax 312-,131.9985 AICP and Washington Office 1776 blassachusells Ave., N.% Telephone 202-872-t1611 Fax 202-872.0fia3 APA Nalinnal Advertising Oft Jcri Parish {Chicagol Advertising Manager Telephone 312-a3 t.9 tOO A wake-up call. Consultant a~ KalvDl Platt has some strong worda for his public pl, znni,zg counterparts. Platt is chairman of the SWA Group, a landscape arc/Htecture, planning, and urban design firm based in Sausalito, California. p ublic planners no longer pk~n. They administer. They stick with what’s safe,’ what’s familiar. They seem to be afraid of committing themselves to a plan, afraid of taking a stand, of saying, "This is what should be done." What caused this situation? Why aren’t public planners designing downtown redevelop- ments, suburban infill projects, and important parks? There are t~vo major reasons. One is a lack of physical planning skills. Since the late 1950s, university curriculums have been moving away from physical planning courses and stressing policy and political issues. As public planners got more involved in I~overnment work the universities began training their students to be bureaucrats. That left phystcal planning ,n the hands of architects and landscape architects, who don’t necessarily have the skills to do the whole job. A second reason is the effect of public criticism. The often fierce controversies associated with programs like urban renewal i:aused government agencies to pull back from physical planning. Faced with a lack of community support and even outright hostility, it’s only human nature to duck out. But that doesn’t help our communities, which, after 50 years of bureaucracy, not planning, need all the help they can get. What can’be done? First, universities need to start teaching more physical planning skills tied into urb:m design. Harvard and some other schools have already begun putting the basics back into their planning courses. Second, public planners need to go back to school to get the skills they lack. Learning to draw, to use computer programs, and to design redevelopment and infi[[ projects will give them new confidence. Third, public agencies need to get back into the planning business and provide on-the-job training in urban design skills. Finally, planners must become a whole lot braver and put themselves on the line to better their communities. The communities that public planners are supposed to serve are becoming morb receptive to new ideas. Nlany citizens want to deal actively with pkinning issues in their towns. They want to have a sity in downtown development and cnvironmc,ttal protection. They would welcome knowledgeable advice. Public planners could take a lesson ftom successful private planners, who have learned how to package their ideas skillfully and how to gain commt,,~ity consensus. Design charettcs, particularly as they’ve been used by the new urbanists, are a good example. The charettcs demonstrate that it’s possible to rally citizens around a planuing process that begins with :tit invitation to "get together and solve these problems." The charettes are a way to educate the public about design principles and to overcome opposition to create the best plan to serve community needs. A public planner can come out of a successful charette looking like a hero. Charettes are also a marvdous marketing tool, yet they are often missing from traditional public planning, Planners need to learn front tit,,: private sector how to market their skills to different public and private constituencies. The most important advice is to stop assuming that things can’t be done differently. Get out there and see what’s happening in your community. Get some training if you need it. Then create the plan that will most benefit the stakeholders and bring the public into the planning process throt,gh charettes and other means. Market the plan. Finally, stand up for what’s right by vigorously" championing and implementing the plan you have crcatcd. You and your community will be the winners. APA Board of Directors President Bruce W. McClendon, Immediate Past President Joanne Garnett, Michael Chandler Robert B. Hunter, a~cP Vivian Kahn, ~alcP Bruce A. Knight, a/c/, Sam Casella, Sarah S. blore, h~ce Mary Kay Peck, h~c~ David M. SteEd, Mitchell ]. Silver, a~ce Carol Swayne Ralph Willmer, a~cv AICP Commission " Presiden~ Sam Casella, ~a*ce Immediate Past President Norman Krumholz, amy V. Gall Easley, Laurence C. Gerckens, Michael A. Harper, Robert P. Mitchell. atop Sue E. Pratt, Sue Schwartz, Planning Staff Editor and Publisher Sylvia Lewis Executive Editor Ru0~ Eckdish Knack. ate1" Associate ~ditur James H. Andrews Art Director I~ichard Sessions Gral~hic Dcslgncr l)csign Associalc Lisa Barton Copy Editor Shcrrie Voss MilHhcws l~ditorial Assistant l,aW;mda Tucker Cm*trihuting Editor William Fulhm I)esigo Consultant John Masscy AI’~ S(aff Executive Director ~V. Paul Farmer, AICI’ Chief Operating Officer Charh~tlc M~Caskill AI’A Gc~eral Offices I’&lnrtitlg and Chicago Office 122 5, ~lichigat~ Ave,. Sic. Chicago, II, Telephone 312,,1~11.9 AICp and Washington Office 177G Massachuscns Ave,, N.~ Washington, DC Tcleph~mc 202.872.0~i I Fax 2D2-872.06~3 APA Na{ional AdvertisiHg Jcti ParLsh [Chicago~ Advertising Mauagcr Telephone 312.,t~ t-9 F~x ~ 12-,~:~ 1.9985 APA Board of Directors M A wake-up call. Consultant ~t~ Kalvin Platt has some strong words for his public planning counterparts. Platt is chairman of the SWA Group, a landscape architecture, planning, and urban design firm based in Sausalito, California. p ublic planners no longer plan. They administer. They stickwith what’s safe, " what’s familiar. They seem to be afraid of committing themselves to a plan, afraid of taking a stand, of saying, "This is what should be done." What caused this situation? Why aren’t public planners designing downtown redevelopZ ments, suburban infill projects, and important parks? There are two major reasons. One is a lack of physical planning skills. Since the late 1950s, university curriculums have been moving away from physical planning courses and stressing policy and political issues. As public planners_got more involved in government work, the universities began training their students to be b~rreaucrats. That left physical planning in the hands of architects and landscape architects, who don’t necessarily have the skills to do the whole job. A second reason is the effect of public criticism. The often fierce controversies associated with programs like urban renewal caused government agencies to pull back from physical planning. Faced with a lack of community support and even outright hostility, it’s only human nature to duck out. But that doesn’t help our communities, which, after 50 years of bureaucracy, not planning, need all the help they can get. What can’be done? First, universities need to start teaching more physical planning skills tied into urban design. Harvard and some other schools h:ive already begun putting the basics back into their planning courses. Second, public planners need to go back to school to get the skills they lack. Learning to draw, to use computer programs, and to design redevelopment and infill projects will give them new confidence. Third, public agencies need to get back into the planning business and provide on-the-job training in urban design skills. Finally, pla,mers must become a whole lot braver and put themselves on the line to better their communities. The communities that public planners are supposed to serve are becoming more receptive to new ideas. Many citizens want to deal actively with planning issues in their towns. They want to have a say in downtown development and environmental protection. They would welcome knowledgeable advice. Public planners could take a lesson from successful private planners, who have learned how to package their ideas skillfully ~.nd how to gain community consensus. Design charettes, particularly as they’ve been used by the nmv urbanists, are a good example. The charettes demonstrate that it’s possible to rally citizens around a planning process that begins with an invitation to "get together and solve these problems." The charettes are a way to educate the public about design principles and to overcome opposition to create the best plan to serve community needs. A public planner can come out ofa snccessfu[ charette looking like a hero. Charettes are also a marvelous marketing tool, yet they are often missing from traditional public planning. Planners need to learn from the private sector how to market their skills to different public and private constituencies. The most important advice is to stop assuming that things can’t be done differently. Get out there and see what’s happening in your community. Get some training if you need it. Then create the plan that willmost benefit the stakeholders and bring the public into the planning process through charettes and other mea.ns. Market the plan. Finally, stand up for what’s right by vigorously championing and implementing the plan you have created. You and your community will be the winners. President Bruce W. McClendon, FAICP Immediate Past President Joanne Garnett, Michael Chandler Robert B. Hunter, ^~c~’ Vivian Kahn, FAIc~" Bruce A. Knight, alc~" Sam Casella, F^tcv Sarah S. More, AIC~’ Mary Kay Peck, AICI’ David M. Siegel, AIC~’ Mitchell J. Silver, Carol Swayne Ralph Willmer, AICP Commission President Sam Casella, FAIC~’ Immediate Past President Norman Krumholz, AICI’ V. Gail Easley, gAICe Laurence C. Gerckens, eAtCe Michael A. Harper, atcv Robert P. Mitchell, atce Sue E. Pratt, AICP Sue Schwartz, AICP Planning Staff Editor and Publisher ,Sylvia Lewis Executive Editor Ruth Eckdish Knack, ^~c~, Associate Editor James H. Andrews Art Dircctnr Richard Sessions Graphic Designer Susan Lee Dccgan Design Associate Lisa Barton Copy Editor Shcrric Vo.~s Manhcws Editori01 Assistant LaWanda Tucker Contributing Editor William Folton Design Consultant John Masscy APA Staff Executive Director W. Paul Farmer, a~cv Chief Operating Officer Charlotte McCaskill APA General Offices Planning and Chicago Office 122 S. Michigan Ave., Stc. 16{ Chicago, IL 60603 Telephone 312-a,31-9100 Fax 312-431-9985 AICP and Washington Office 1776 Massachusens Ave., N.’~ Washington, DC 20036 Telephone 202-872-0611 Fax 202-872-06a3 APA National Advertising Jeri Parish {Chicagol Advertising Manager Telephone 312-4.31-9100 Fax 312-d-31-9985 ORDINANCE 9, 2001 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING INTO THE CITY APPROXIMATELY SEVEN-TENTHS OF AN ACRE OF LAND GENERALLY LOCATED TWO-TENTHS OF A MILE SOUTH OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND PGA BOULEVARD, ON THE EAST SIDE OF PROSPERITY FARMS ROAD; REVISING THE BOUNDARIES OF THE CITY TO INCLUDE SAID REAL PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Prosperity Shopping Center Corporation for the annexation of approximately seven-tenths of an acre of land located approximately two-tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed annexation is consistent with the City’s Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of this application at its meeting on December 12, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens, Florida, hereby annexes into the City a compact contiguous parcel of land as described in Exhibit "A" attached hereto and made a part hereof. Section 2. The boundaries of the City of Palm Beach Gardens, Florida, are hereby revised and shall include the real property described in Exhibit "A," and said property is hereby declared to be within the corporate limits of the City of Palm Beach Gardens, Florida. Section 3. The land-use regulations of Palm Beach County. shall remain in effect as same pertains to the annexed lands, in accordance with Chapter 171, Florida Statutes, until the City of Palm Beach Gardens amends its Future Land~ Use Map to include said lands. 109 Ordinance 9, 2001 Prepared on : April 25, 2001 Section 4. The City Clerk is authorized to forward the adopted ordinance to the clerk of the circuit court, the chief administrative officer of Palm Beach County, and the Department of State within seven days after the adoption of such ordinance. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not effect the remainder of this ordinance. Section 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE PLACED ON SECOND READING THIS THE PASSED AND ADOPTED THIS THE 17 19 DAY OF April 2001. 17 DAYOF May 2001. DAY OF May 2001. MAYORJOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN .LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY 110 Ordinance 9, 2001 Prepared on : April 25, 2001 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT G :TalaI/AX-00-O 10-Ord 111 FILE No.188 05,,03 ’01 12:29 ID:~ DESIGN 51UU|U ~-~..~:::x)ttx~,ro~.t VH~W: ,,’~" ~" David J. Wiener, TIw, Hldd~n J~nek~, Inc. No (espo~ly ~ E~ly ~ asked by ~ un~e4 su~oy~ for ~y o~r pu~oso or Io a~y o~r paffy o~ ~n sla~ ~G~ OESCRIP~: i~lin el Iha Nonl~ r,o~=r of I/. E=sl 1~ of ~ N~ 1~ ~ ~ ~t 1/4 ~ ~ N~st 1/4 of ~ C~ of ~e ~ ~ ~ ~ ~ p~ ~ ~uNy, F~a, ~ P~I ~ 24, P~e 67, ~ ¯ ~ ~ N~dy ~ ~ ~ ~ ~at ~ feet m P~ ~ BEGIN~NG of ~ hofa~ ~s~d. ~ Wos~ly ~0 s~ 142.~ feet ~ a ~ ~e~ ~ O* 41’ 15" ~st 1~.10 feel S~ 8g’ 58’ 43" ~Sl 143.03 (eel ~ a ~nl; ~ N~ O" 57’ 15" W~I 1~.24 fee~ ~ a ~I~ OF Parr.el 2: The E~sl 1/2 of I~ Nedh 1/2 of Ilia 6outhwes( 114 of I/~e NON,west 114 of ~ ~asl 1/4 Oass ~e Weal 7.6 feel) ~ ~ 5, T~ 42 ~ R~e 43 ~s~ ~ m~a, Plat ~ as re~ ~ P~t ~k 24, Page e7 of ~e Pubr~ Ra~ ~ P~ ~a~ ~W. F~; sa~ I~s =i~, I~g e~ being ~ Palm Bea~ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 SUBJECT/AGENDA ITEM Consideration of Approval, Public Hearing and Second Reading: Ordinance 8, 2001, a request for a small-scale amendment to change the land-use designation from Palm Beach County Low Residential-3 (LR-3) to Commercial for a 0.7-acre parcel located immediately behind the Prosperity Center near the southeast corner of Prosperity Farms Road and PGA Boulevard (Blvd.). RECOMMENDATION Staff recommends approval of Ordinance 8, 2001. Reviewed by: City Attorney ~;~ Finance NA ACM Human Res. NA Other NA ~~by: Growth Mana~]ement Director Originating Dept.: Growth Management Advertised: Date: May 2, 2001 Paper: P B Post [X] Required Affected parties )" 1"i Notified El Not required Costs: $.~ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Ordinance 8, 2001 ¯ Location map ¯ Staff comments [ ] None 113 City Council Meeting Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition: LU-00-03 REQUEST: Urban Design Studio, agent for ProsPerity Shopping Center Corporation, is proposing a small-scale amendment to the City’s Future Land Use Map. The amendment changes the current Palm Beach County land-use designation of the subject parcel from Low Residential-3 to Palm Beach Gardens Commercial. The applicant has requested a voluntary annexation and a land-use change for the 0.7-acre parcel, which is located immediately behind the Prosperity Center along Prosperity Farms Road. BACKGROUND: The subject parcel is currently a vacant plant nursery. The petitioner is requesting the annexation (addressed in a separate petition) and the land-use change of the subject parcel in order to incorporate it into the Prosperity Center for the purpose of using the property to provide additional and much-needed parking for the existing shopping center. LAND-USE COMPATIBILITY WITH SURROUNDING AREA: The subject parcel is surrounded by properties whose land-use designations consist of Commercial to the north, Low Residential-3 (Palm Beach County designation) to the east and south,and Professional Office to the west. These uses are compatible with the proposed Commercial land-use change, provided adequate setbacks and buffering standards are implemented during the site plan review stage. The City’s Land Development Regulations require that residential areas are buffered and screened from adjacent existing or planned commercial activities. COMPATIBILITY WITH THE VISION PLAN: The City’s Vision Plan serves as a land-use guide for all land-use designation changes in the City. The subject site is currently not on the Vision Plan, since it is not under the jurisdiction of the City. However, the site is compatible with the Prosperity Center to which it will incorporate. HISTORICAL AND ARCHEOLOGICAL RESOURCES: No historical and/or archeological resources have been identified on site, according to the applicant. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE: The Vegetation Assessment Statement provided by the applicant states that there are no habitats for species listed by federal, state, or local agencies as endangered, threatened or species of special concern. In addition, the site does not contain any flora or fauna whose protection is mandated by the City’s Comprehensive Plan. 114 City Council Meeting Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition: LU-4}0-03 MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND-USE DESIGNATION: The maximum development potential allowed under the existing land-use designation of Palm Beach County’s Low Residential-3 is two (2) dwelling units. This is based on the total acreage of the site, which is 0.7 of an acre. The potential impacts of development under the existing land-use designation are estimated in Table 1 below. POTENTIAL IMPACTS UNDER CURRENT LAND-USE OF INDUSTRIAL Development Potential Two dwelling units Density/Intensity 3 du/ac External Trips 20 Daily trips Recreation/ Parks N/A Sanitary Sewer Adequate capacity Potable Solid Water Waste Adequate Adequate capacity capacity MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION: The maximum development potential allowed under the proposed land use designation of Commercial is 22,198 square feet of commercial retail, based on a maximum intensity of 35% lot coverage and a 36-foot height limit. The potential impacts of development under the proposed land-use designation are estimated in Table 2 below. POTENTIAL IMPACTS UNDER PROPOSED LAND USE OF COMMERCIAL Max. Development Potential 22,198 sq. ft. of commercial Max. Density/Intensity 35% Lot coverage External Trip 1,600 Daily trips Recreation/ Sanitary Parks Sewer N/A Adequate capacity Potable Water Adequate capacity Solid Waste Adequate capacity The trip generation analysis for the subject parcel reflects that there will be a net of 1,580 external trips that potentially could be added to existing traff~c on potentially impacted roadways near the site. The applicant provided a traffic analysis of roadways within the zone of potential impact, as defined by the Countywide Traffic Performance Standards Ordinance. The analysis did not show any significant impacts on these roadways. LEVEL OF SERVICE STANDARDS: The impact analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services, and traffic. The traffic analysis demonstrates that the land-use change would result in the addition of 1,580 daily trips. The subject project’s trip assignment rates are 22% and 33% on PGA Blvd. and Prosperity Farms Road, respectively. The potentially-impacted segment on PGA Blvd. is from Prosperity Farms Road to Ellison Wilson Road. The 3 City Council Meeting Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition: LU-O0-03 impacted segment on Prosperity Farms Road is from PGA Blvd. to RCA Blvd. The City’s traffic engineer has indicated that the proposed amendment will not degrade the LOS of any segment within the zone of potential impact. The traffic analysis demonstrates high likelihood that there will not be significant impacts on these segments. The City’s traffic engineer concurs with the analysis and conclusions of the traffic study. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections. Staff has not received any objections or adverse comments regarding this proposed amendment from City residents as well. In addition, the Village of North Palm Beach and Palm Beach County have been individually notified of the proposed amendment and annexation. During the public hearing held by the Local Planning Agency on December 7, 2000, a few county residents raised concerns regarding drainage issues (flooding) currently existing on site. However, this issue needs to be addressed at the site plan review stage. At this time, the applicant is required to provide evidence that the drainage system of the site would comply with the adopted LOS for drainage, per Policy 4.C.1 ;1.3 of the Infrastructure Element of the City’s Comprehensive Plan. STAFF RECOMMENDATION: The proposed land-use map designation of Commercial is generally compatible with the surrounding land-uses of adjacent properties and with the Prosperity Center, to which the subject parcel will be incorporated. The property is also suitable for the proposed land- use change, since no environmentally significant species or habitat exist on site. The potential impacts of the proposed land-use designation do not result in significant impacts or degrade the adopted LOS for any services. Accordingly, staff recommends approval of the proposed small-scale land-use amendment to the City’s Future Land Use Map. G:Talal/LU-00-03-cc-str 116 (D MXD " C RM P il Palm Adopted Janll&ry 4, 1990 Amendment Adopted Augu.st 1, 1991 Amendment Adopted September 5, ~991 __~.Amendmem Adopted December 5, 1991 PROSPERITY CENTER PUD ANNEXATION & FUTURE ql~AN AMENDMENT PROSPERITY CENTER PUD PALM BEACH GARDENS, FL UDS Job#: 00-008.00 LUP: C ZONE: CG-I Harbour Shoppes LUP: C ZONE: CG-I Sover¢l Marina PGA BOULEVARD ILUP: C ’ZONE: CG- PGA Plaza LUP: C ZONE: CG- I/PUI) Prosperity Plaza LUP: C/RM ZONE: CG-I / R.h Waterway Cafe LUP: RH ZONE: RH/PUD Prosperity Oaks LUP: C. Zone: CG- 1/PUD Heartland Health Care Center LUP: LR-3 ZONE: RS SITE LUP: PO ZONE: PO/PCD Prosperity Gardens LUP: LR-3 Zone: RS Pirates Cove LUP: PO ZONE: PO/PCD Oak’park Offices PROSPERITY CENTER PUD ~NNEXATION & FUTURE ~LAN AMENDMENT ’ROSPERITY CENTER PUD ALM BEACH GARDENS, FL ..UDS Job#: 00-008.00 ~--~--~ ~: ~ I~,M rRUM YLA~NIN~ AN~ REAL ES 58] THE ~CH(X)L O|$TIt|CT OF PALM BEACH COUNI~o FLOItlOA FACIUTtES PLANNING 3320 FORF.~ HILL BOULEVARD, C-,331 W~$T PALM ~, FL 33406-~13 (~) 434.80~ FAX (~1) ~-e187 October 30, 2000 Mr. Talal Benothman, Senior Planner Planning and Building Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE:PBG-14 (Reference #: 00-03) "DR. H. BEI~AMIN MARLIN Dear Mr. Benothman: ,- The School District st~ffhas reviewed your reguest through the Clcarin~ho~e for the Future Land Use Element amendment to the City of Pal m Beach Oardens Comprehensive Plan. The proposed land use amendment has no educational impact on the S ,c~a. ool District. If there arc any questions, please.call me at (561) 434-8028. P. 2 Since~rely, ~ Je~e Mills, AICP S~’nior Planner, Concurrency co:I~inda H. Hines, Director, Facilities Planning Department, PBSCD Terry Hess, Treasure Coast Regional Planning Council H:\DATA\ CON CRblC2kI~EORE’v~LUAkLETTERSWBG~II 1030 119 CONSULTING (~VIL ENGINEERS, SURVEYORS &MAPPERS (~VIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPHNG GIS "Partners For Results Value By Design" S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfh.com MEMORAND UM TO: FROM: DATE: FILE NO. Talal Benothman Scan C. Donahue, P.E~~O February 28, 2001 99-4096 SUBJECT: Prosperity Center-Land Use Change We have reviewed the City’s traffic consultant’s comments regarding the referenced project received on February 23, 2001. According to the City’s traffic consultant, this project does not appear to degrade the adopted level of service on roadway links within the radius of development influence. However, any development proposed on this property has to meet Traffic Performance Standards to assure roadway capacity is available at build out of the project. A copy of MTP Group’s memorandum is attached. SCD/ CC:Steve Cramer Karen Craver P:kPROJECTSWBGM EMO’CI096M096j 120 MTP Group, Inc. 12798 Forest Hill Boulevard, Suite 303 Wellington, FL 33414 Phone: (561J 795-0678 Telefax: (561) 795-0230 MEMORANDUM To:Sean C. Donahue, P.E. LBFH, Inc. From:Maria M. Tejera, P.E. Date:February 21, 2001 Subject:Prosperity Centre We have completed a review of the revised traffic impact analysis prepared by Kimley-Horn and Associates, . Inc. dated February 2001 in reference to a proposed land use change for the project mentioned above. Prosperity Centre is an existing development located on the southeast corner of the PGA Boulevard\Prosperity Farms Road intersection in the City of Palm Beach Gardens. The requested land use amendment is for a 0.665 acre site which is located to the south of the existing development along Prosperity Farms Road. The existing land use on the property is residential-low with a maximum of 3 dwelling units per acre. The proposed land use is commercial with a maximum FAR of 0.35. The proposed development does not appear to degrade the adopted level of service on roadway links within the radius of development influence. However, any development proposed on this property has to meet Traffic Performance Standards to assure roadway capacity is available at buildout of the project. Sliotil~ you ha’~e any questiot,s, please give us a call at (561) 795-0678. FEB 2. LBFH PAt--~’:’. [~TY C :\mt~ \PBG\ProsperltyCenter LU C. App r I .wpd 121 ORDINANCE 8, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND-USE DESIGNATION ON APPROXIMATELY SEVEN-TENTHS OF AN ACRE OF LAND LOCATED APPROXIMATELY TWO-TENTHS OF A MILE SOUTH OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND PGA BOULEVARD, ON THE EAST SIDE OF PROSPERITY FARMS ROAD, FROM PALM BEACH COUNTY LOW RESIDENTIAL-3 TO CITY OF PALM BEACH GARDENS COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Prosperity Shopping Center Corporation to amend the land-use designation for approximately seven-tenths of an acre of land located approximately two-tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto, from Palm Beach County Low Residential-3 to City of Palm Beach Gardens Commercial; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed future land-use map amendment is internally consistent with the City’s Comprehensive Plan; and WHEREAS, the future land-use map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small-scale comprehensive amendments; and WHEREAS, on December 7, 2000, the Planning and Zoning Commission, as the duly constituted Local Planning Agency for the City, has recommended approval of the future land-use map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council acknowledges that this future land-use map amendment is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 122 Ordinance 8, 2001 Prepared on: April 25, 2001 SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to change the future land-use designation for approximately seven- tenths of an acre of land located approximately two-tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, more particularly described in Exhibit "A," from Palm Beach County Low Residential-3 to City of Palm Beach Gardens land-use designation of Commercial. SECTION 2. The City’s Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and, together with the City Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the City. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. In accordance with Section 163.3187(3)(c), Florida Statutes, Ordinance shall become effective 31 days after adoption. PLACED ON FIRST READING THIS THE PLACED ON SECOND READING THIS THE PASSED AND ADOPTED THIS THE 17 19 DAY OF April 2001. 17 DAY OF May 2001. DAY OF May 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO 2 Ordinance $, 2001 Prepared on: April 25~ 2001 ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO AYE NAY ABSENT G:Talal/LU-00-03-Ord 124 FILE No.188 05/03 ’01 12:29 ID:URBAN DESIGN STUDIO FAX : 5616890551 LEGAL DESCRIPTION: Parcel 1: Begin at ihe Nonhe~,l ~nar of the Ee~l 1/2 of ~ N~ 1~ ~ ~~t I/~ ~ ~ N~Sl I~ of~ ~ C~ of ~o Ci~ ~ ~ ~ f~ P~ ~ County, F~a, ~ P~I ~ 24, Pa00 87, ~ Wesley ~uo Wes~y ~ ~ 142.~ feel ~ a ~L ~ S~ o" 41’ 16" ~s( 102.19 f~t ~ 89’ 58’ 43" Easl 143.~ feel ~ a ~1; ~an~ N~ 0" 5T 15" Wosl 102.24 f~( ~ a ~1~ OF BEGGING. Parcel 2: The N,~h 165.8 feet et the West G2.5 feat of the foliowino doscGbed pfopedy: The F-~sl 1/2 of t~o N~ 1/2 of (he GouthWOS1114 of ~o N~z1114 of ~ ~Sll 114 0ass ~e Wesl 7.6 foa~ of Se~ S. T~ 42 ~ R~I 43 ~s~ ~ ~a Plal ~ as m~ ~ P~I ~k 24, Page 87 of ~ PubF~ R6~ of Pslm ~a~ ~nW. F~; sa~ ~nds ~ete, I~og a~ being ~ Pa~ Bea~ Co~, FI~ C~nmenr.,k~i a| ~ No.welt com~ of ~o ~asl 1~ of ~ N~ 1Q ~ ~ ~s( 1N el ~ N~st 11d of T~ 42 ~, R~e 43 Eas~ ~ ~ ~ P~t ~k 24, Page 87 ~ ~e P~ Ra~s of Palm ~a~ NO~6: " Exhibi Z oo 11 II (.,) 0 m ~ mO ¯ m AMENDED DEVELOPMENT ORDER CONDITION #1 RESOLUTION 81 2001 EXHIBIT A The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under ’ Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a conditionfor approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items:. ADA, consisting of Volumes 1 and II and Appendi~es A, B and C, dated September 1983, revised and submitted October 14, 1983.1 Notwithstanding anything to the contrary in the Application for Developmer~t Approval ("ADA") including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a, constraint on the amount and physical location(~) within the boundaries of the DRI of uses in any of the areas designated on Exhibit H for Retail/Office/Hotel (1)~ Office/Hotel/Community uses (2), or ResearcNOffice/Service Community Uses (3); provided the total square footages for uses are consistent with the Conversion Rates below and do not exceed any of in the Range of Ma×imum Floor Space Allocations on Exhibit H and restated below are n~t exceeded and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit H. PARCEL 27.12 NOPC LAND USE CONVERSION RATES From R & D Office Hotel Business Office Intensity 1 ft.2 1 rooln 1 ft.2 Retail Retail Retail Hotel 1 room Business Office Intensity 0.422 ft.2 257.229 0.219 fl.~ 708.245 RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES USE Neighborhood C0nunercial Retail Office - Business Office - Research Hotel Residential TOTAL MINIMUM 26,000 sf 1,440,000 sf 902,437 sf 73,440 sf ¯ .LI 8 rooms/100,300 sf* 1,813 du/1,813,000 sf* 4,355,177 sf *Square footage nmnbers are established as an estimate and ma’ MAXIMUM 26,000 sf 1,718,888 sf 1,210,000 sf 235,200 sf 419 rooms/356,150 sf* 1,813 du/l,813,000 sf* 5,359,238 sf vary from actual development. Room/unit counts will be the actual-determinate of the use for both Hotel and Residential categories. Any conversions of land uses pursuant to the ConversionRates above will include a written notice to the Department of Cmmnmfit’¢ Affair Bureau of Local Plalming and Treasure Coast Regional Plmming Council upon the filing of a development application with the City of Pahn Beach Gardens. All such conversions will also be addressed in the Almual Report. \\Uds_sewer~SY S\COM MON’dob~RegionalCenter DRIP7.12\doNOPCr2712.050701 LCC35 " Revised per Reso 36 2001 RESOLUTION 81 2001 EXHIBIT B THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Drugstore or Pharmacy Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Craft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry, Self Service Laundry and Dry Cleaning Pickup Station Personal Services Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate A1A. 4.Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). \\Uds_serverk.qYs\cOMMONUobskRegionalCenterDRl~27.12~leighborhoodCommercialUses f.031401 .wpd LCC35 CiTY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Revised on: April 27, 2001 SUBJECT/AGENDA ITEM Consideration of Approval: Public Hearing/Resolution 81, 2001, a request to modify the Planned Community District (PCD) and Master Plan of the Regional Center Development Regional Impact (DRI). The proposed modifications primarily deal with land-use conversions, roadway reconfiguration, and an increase in the total commercial square footage permitted by the Development Order of the Regional Center DRI. RECOMMENDATION Staff recommends approval of Resolution 81,2001. Reviewed by: City Attorney Finance NA ACM Human Res. NA Other NA ~na~by: Director Appr~ Originating Dept.: Growth MaTement Advertised: Date: 4/30/2001 Paper: Palm Beach Post [X] Required Affected parties Notified [X] Not Required Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied. [ ] Continued to: Attachments: ¯ Resolution 81,2001 ¯ Adopted Map H ¯ Proposed Map H ¯ Staff comments ¯State/regional agency comments [ ] None 126 City Council Meeting Date: May 17, 2001 Date Prepared: April 27, 2001 Petition DRI/PCD-00-01 REQUEST: Urban Design Studio, agent for Catalfumo Construction and Development, Inc., is requesting a Notice of Proposed Change (NOPC) and an amendment to the Planned Community District (PCD) for the Regional Center DRI located at the northeast corner of PGA Boulevard and AIt. A-1-A. The several proposed revisions to the DRI and PCD master plan are listed below under "Proposed Modifications." BACKGROUND: On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, office, hotel, residential, open space and community use. The Development Order currently permits the development of 1,440,000 square feet of retail, 1,210,000 square feet of office (business), 356,150 square feet of hotel (419 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most-recently adopted NOPC to the Development Order of the Regional Center DRI was approved by the City Council on April 19, 2001, by Resolution 36, 2001. The previously-adopted NOPC allowed the following: ¯Designating approximately eight-acres as oak hammock preserve, per Condition 4 of the Development Order; Converting approximately 9.3 acres from "Office/Hotel/Community Use" to "Multifamily/Office/Community Use." The conversion will result in converting 151 hotel rooms to 213 residential units on "Parcel 2," which will become "Parcel 4" bearing the designation of "Multifamily/Office/Community Use"; ¯Combining all the residential parcels located in the northeast portion of the DRI into a 104- acre unified parcel (Kolter property); Reconfiguring the water management tract to redesign the drainage system and to accommodate the proposed oak hammock preserve, which is located north of the water management tract; and Reconfiguring the internal roadways on the Kolter property by changing the alignment of the Loop Road to accommodate the proposed location of the oak hammock preserve and the proposed development. 127 City Council Meeting Date: May 17. 2001 Date Prepared: April 27, 2001 Petition DRI/PCD-00-01 The Development Order has been previously amended six times. Currently there is only one pending NOPC, which is the subject of this petition. PROPOSED MODIFICATIONS: The applicant proposes to make several changes to the adopted Master Plan of Development or Map H (please see map attached). The proposed changes are as follows: ¯Reconfiguration of the alignment of Victoria Gardens Drive; Relocating the two-acre Neighborhood Commercial parcel (Parcel 6) to the eastem portion of Parcel 4, which is located immediately east of Victoria Gardens Drive, the water management tract to the east and south, and Gardens Parkway to the north; ¯Redesignating the current Neighborhood Commercial parcel as a two-acre Multifamily Residential (an increase in residential acreage but not in number of units); Relocating the Multifamily Residential (Parcel 4) to the east of the water management tract. This parcel is currently located south of Gardens Parkway, east of Victoria Gardens Drive, and bounded by the water management tract on the east and south; Redistributing the acreage of the six-acre Community Use/Arts site (Parcel 7) equally between (Parcel 4), located west of the water management tract, and community serving open space land use categories. Community serving open space is increased from 92 to 95 acres; Increasing the square footage of commercial uses by 278,888 square feet. This will not change the intended mix of uses within the DRI because the City and the review agencies have requested and the applicant has agreed to establish minimum square footage thresholds for each approved use designated on Map H. This essentially ensures that the intended proportion of mixed uses within the DRI is maintained; and Amending Condition number 1 of the Development Order of the Regional Center DRI to establish and adopt a conversion matrix containing conversion rates for the approved uses. This would allow the conversion of one use to another without having to initiate an NOPC, provided the various regional and state agencies are notified of such conversion. STAFF ANALYSIS: The proposed changes were presumed to be substantial deviations to the approved DRI. However, the applicant has rebutted the presumption of substantial deviations by clear and convincing evidence with respect to all of the proposed modifications, according to regional and state agencies. 1283 City Council MeeUng Date: May 17, 2001 Date Prepared: April 27, 2001 Petition DRI/PCD-O0-01 However, the City Engineer’s office has raised a concern with respect to the relocation of the Neighborhood Commercial Parcel on grounds that it may lead to an increase in additional external trips over and beyond the total number of trips approved for the Regional Center DRI. This concern can be over come by imposing several restrictions on the type of uses, access, and signage for this parcel so that it remains totally internal to the DRI. The applicant has agreed to these conditions on the proposed relocation of Parcel 6. The Florida Department of Community Affairs (DCA) and the Florida Department of Transportation have raised objections to this alternative. STAFF RECOMMENDATION: Staff recommends approval of the proposed changes to the Development Order of the Regional Center DRI. The applicant has rebutted the presumption of substantial deviation by clear and convincing evidence. DCA has removed its initial objections to the NOPC and has found the proposed changes not to create unreviewed, additional, regional impacts. The proposed modifications do not constitute substantial deviations. G:TalaI/DRI-NOPC-O0-01-cc 1294 I ~ILE No.??1 01/’24 ’01 12:04 . TO: ~RBAN D~GIQN ID:URBAN DESIGN STUDIO B8t7094~; FP,X:5616890551 2/ CIVIL ^[ i~l(’! H I I.IRAI W.’%I I,H RCSOI TRAN~r~KIAIION ~LIRV~YING & MAPlqN(; (;~s VROM; DATg: ~ NO. MEMORANDUM "ral~J B~’lm~ Sere C. Donahae, SIIBJ~CT: R~Jonal Ceat~c-Cattlfumo NO~’C We lave received the City’~ ~o mtu~’~ conu~em r¢~din~ ~he rof~ ~j~ on 1~ 16, 2~1 (~). We ~ ~ r~i~ ¯ o NO~ m~ f~ ~~ ~s~. Wc have ~e ~8 As discussed in MTP Cwoup’s memorandu~ there appe~a to b¢ a r~dt of the ~elocatiol~ ofthe tteigM~ghood commercial. 2.A~ distasted in MTP Group’s mcmoraudum, :the~e is a poteutial for an mugviewed traffic imp~ on this project du© tp the oultural ml~ u~. Retp~lin8 the mmiifi~tiom to Condition Noi !, the ~ medweys provided ~ ~b~ H ~ g~ m ~e a s~ ~d ~cicm We e~ume thst any oonverdon ofland uses ~ithin this pmj~ ~11 ~t Sy~ ~ ~y ~p~ by ~¢ So~ ~od~ W~ M~~ ~¢ (~). ~ ~~Y, ~ pm~ 1~ usm for ~e ~i~ p~la, ff ~v~, W~I ~ to ~ ~ I~d d~ r~u~ ~s ~ m~ ~ ~ finish~ floor elev~io~ ~c.) of~e ~~ ~t ~o~ ~ ~e S~. Steve Cramer Kate. Crwe~ FILE No.771 01/24 ’01 12:04 ID:URBP.N DESIGN STUDIO FAX:5616890551 v~L JAN-24-Of IO:|~A~;PA~ 2/2 To: MEMORANDUM Sean C. Donahuc, P.F.. Assistant City Engineer Marfa M. Tcjera, ,.E. ~g)~r- Ianuary 12, 2001 Sui~ject: Regional Center NOPC - C:a~umo Pax~,el 27.12 MTP Ot’oup, Inc. h~s r~icwed the h~ormatJou i~uded ~ u l~d~ ~b~ 22, ~ ~ ~m~ m ~e ~ve m~tloa~ proj~. ~e I~ ~dr~ our ~m~ ~ud~ ~ a M~r~m m you ~ d~ O~b~ ~, 2~, While m~y of our mmm~ have ~ Mdr~ m ~ sui~n, we slill have ~e ~llowing ~n~: 1.We disagree with the applir.am about the potential ua~qc ~pact of the neightmrhood umune~cial. We are of the pmfe~ionM epM|ou 1~at the tel~.oation.oftberneigh~rhood comn~.gcial has Oh© potemlal m is~’ease the exter~J traffic gemxatlon uflhe pmjecL 2.While the trip generation rabies prepared by ifimley-Hom andi~Asso¢lates for the pr~lmsed pttn of development as wall ~ those fables ju~dfying the I~nul use r, onvm’sions do nut include uaffic Imsociated with the cadtural arm use, the pmpme~ Development Oeder (IX)) Condition I mandarin the mllmtal am use, Any tnffic gea~erated by the cultural Portion of the project has the pot~iaJ Io c~eale unzeviewed I{rafIic impact. In response ~o one (}four comments, the proposed V-~ibit H includes a revle,oq, to the prcvmusiy propor~l Vic~orit Gm’dem Dtiv.e Mi .gnment. :TI~ puq~u~l al|gnme~t is co~ixtent wi,.h I~,e curre~dy ~p~ot’ed F, xh~it H. llowever, it should be.noted that the proposed DO Cond~ion I ipdie,,~es the lee, talon ef the maJo~ madw,y system may be changed" as approved by City Council. Bued (~n this propesed condition. lnp~ from the D~ of Cammtmity Affalt’6o the Flot’kl~ i~ent iof Tga~pomtiaa and the Treasure Coast Regional Planning Council will no~ be required when d~ng:lhe location of the major roadway ~yetem. . Should you need additional information, do not heskale to 132 January 26, 2001 Mr. Steve Cramer Interim Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject:The Regional Center Development of Regional Impact, Notification of Proposed Change Dear Mr. Cramer: In accordance with the requirements of Section 380.06(19), Florida Statutes; we have reviewed..the "Notification of a-P.roposed Change to a Previously Approved Development of Regional Impact. (DRI)" (NOPC) for .the Regional. C6ntsr DRI dated "August 2, 2000 additional information received.on:August 31, 2000, Odt0b~r 16~ 2000, D~c6mb~r 27, 2000, and January 22, 2001. Based on the information provided on August 2, 2000 and August 31, 2000, the NOPC proposes to: .. ......overall DRI is.r~ot.exceeded. " ....: :..~ .......: ""F" "" ~: Relocate the two-acre Neighborhood Commercial Parcel west of the mall and south of the Gardens Parkway near the water management area. Designate the fo.rmer Neighborhood Commercial Parcel as residential. Relocate residential Parcel 4 located south of Gardens Parkway and west of the Gardens Mall to the east side of the water management tract and passive park currendy designated as Community Use/Arts (Parcel 7) and Office/Hotel/Community Use (Parcel 2). Redistribute the acreage of the Community Use/Arts of Parcel 7 to Residential on the eastside and Community Open Space around the water management tract. To establish conversion rates for approved uses tO’.be.cohverted ihto_ _0the_r appro~;ed,. uses. at the time of site plan review, as long as the maximum 0~ approv.ed u_.s.es .for t.h,e:-. 133 Mr. Steve Cramer January 26, 2001 Page 2. The changes are presumed to be a substantial deviation pursuant to Section 380.06(19)(e)3., Florida Statutes. Council reviewed the information provided by the applicant on August 2, 2000 and August 30, 2000, and had concerns with the relocation of the two-acre neighborhood commercial tract and the information provided to justify the land use conversion table. Additional information provided on October 13, 2000, December 27, 200.0, and January 22, 2001 addressed Council’s concerns by supplying additional data and analysis to justify the ...........conv_~si_o_n_ t_a_bl__e.__~d__~st.ating tha.t_t_hg_r._el.oc_ation_ 9f th__e n_e..ighborhood_c.c~mmercial _wo.uld__be. ........ internal to the parcel and retain its neighborhood commercial character. The exact location of the neighborhood commercial will be determined during the City site plan review process. Based on this information, and the amended development order language provided on January 22, 2001, Council does not object to the proposed change. If you have any questions, please call. Sincerely, /~ DRI Coordinator cc:Roger Wilbum, FDCA Dodi Glas, Applicant 134 D IEB BUSH Governor STATE OF FLORIDA OFCOMMUNEPARTMENT ITY AF "Dedicated to making Florida a better place to call home" FAIRS STEVEN M. SEIBERT Secrelary February9,2001 Mr. Steven B. Cramer, AICP Growth Management Director Department of Growth Management 10500 North Military Trail Palm Beach Gardens Florida 33410-4698 Re:The Regional Center DR/(a.k.a. The MacArthur Center DR/) DCA Project File No. ADA- 1082-036. Review of Notification of Proposed Change (Parcel 27.12) Dear Mr. Cramer: On August 7, 2000 the Department received a notification of proposed change (NOPC) the Regional Center Development of Regional Impact (DR.I), Parcel 27.12, from Ms. Dodi Glas, the authorized agent for Mall Properties, Ltd. In the NOPC the applicant proposed to: modify the Master Development Plan to reconfigure Victoria Gardens Drive (a.k.a. West Avenue), an h’atemal roadway, to provide.mad maintain pedestrian connections between developed parcels and the existing water management tract within the DR/; relocate and redesignate previously approved land uses within the project site, including relocating a two-acre Neighborhood Commercial Center (Parcel 6) and redesignating this site residential land use (Parcel 5). eliminate 6 acres of Commtmity Use/Cultural Arts land use (Parcel 7) and redesignate the acreage residential use (3 acres) to the east and community passive park (3 acres) around the existing water management tract; and 2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fJ.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DE 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boulevard 2555 Shurnard Oak Boulevard 2555 Shumard Oak Boulevard Matalhon, FL 33050-2227 Tallahassee, FL 32399-2100 Tallahassee, FI. 32399.2100 Tallahassee, FL 32399.2100 (305) 289-2402 (850) 488-2356 (850) 413-9969 (850) 488-7956 135 Mr. Steven B. Cramer, AICP February 9, 2001 Page 2 establish land use conversion rates/matrix for approved uses (Business-Research, Business-Office, Hotel, and Cultural Arts Center) to allow conversion flexibility at the time of site plan review, as long as the maximum square footage of approved land uses for the overall DR.I, as shown on the Map H, is not exceeded; with a proposed maximum of 1,718,888 square feet of Regional Retail land use. The Department reviewed the NOPC and determined that the proposed changes were presumed to a create substantial deviation pursuant to Section 380.06(19)(e)3., F.S., which applicant failed to rebut by clea~ and convincingevideuce. ~erefore, the Department in its letter dated September 18, 2000 objected to the proposed changes. In response, the applicant has submitted additional information (dated October 13, 2000; December 22, 2000; and January 22, 2001) to address the Department’s concerns. The Department has completed the review of the additional information andhas determined that the applicant has rebutted the presumption of a substantial deviation. The Department no longer objects to the proposed changes. If you have any question concerning this matter, please contact me, or Joseph Addae- Mensa, Planner IV, at (850) 487-4545. Sincerely, Roger Wilburn Community Program Administrator Bureau of Local Planning James Snyder, DRI Coordinator, Treasure Coast Regional Planning Council Dodi Glas, Urban Design Studio 136 RESOLUTION 81, 2001 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96,1999,THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI)AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT THE MASTER DEVELOPMENT PLAN TO RECONFIGURE THE ALIGNMENT OF VICTORIA GARDENS DRIVE, RELOCATE THE NEIGHBORHOOD COMMERCIAL PARCEL 6, REDESIGNATE THE USE OF PARCEL 6 AS MULTIFAMILY RESIDENTIAL, RELOCATE PARCEL 4 TO THE EAST OF THE WATER MANAGEMENT TRACT, REDISTRIBUTE THE ACREAGE OF PARCEL 7 EQUALLY BETWEEN PARCEL 4 AND THE COMMUNITY SERVING OPEN SPACE AREA AROUND LAKE VICTORIA, INCREASE THE SQUARE FOOTAGE OF COMMERCIAL USES BY 278,888 SQUARE FEET, AND AMEND CONDITION #1 TO ESTABLISH AND ADOPT A LAND-USE CONVERSION MATRIX; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed amendments, the proposed Master Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: These proposed amendments and additions to the PCD, Development Order, and Master Plan are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes; 137 Prepared on: April 26, 2001 Resolution 81,2001 These proposed amendments to the Development Order and the Master Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and The amendment and additions to the PCD, Development Order, and the Master Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. THE FOREGOING "WHEREAS" CLAUSE IS HEREBY RATIFIED AND INCORPORATED HEREIN. SECTION 2. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999 remain in full force and effect to the extent not expressly modified herein. SECTION 3. REVISED MASTER PLAN. Ao The revised Master Plan contained in the City’s Planning & Zoning Division files is adopted as the official Master Plan for the Regional Center: April 30, 2001 Exhibit H - The Regional Center, Urban Design Studio, 1 Sheet. go The Master Plan is specifically revised to reconfigure the alignment of Victoria Gardens Ddve, relocate Parcel 6 to the eastern portion of Parcel 4, redesignate the current location of Parcel 6 as Multifamily Residential, relocate Parcel 4 (which is located immediately east of Victoda Gardens Drive) to the east of the water management tract, redistribute the acreage of Parcel 7 equally between Parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend Condition #1of Resolution 96, 1999, to establish and adopt a land-use conversion matrix, and conditions and approved land-use activities for the Neighborhood Commercial parcel, as more particularly described in Exhibits "A" and "B" attached hereto. 2 138 Prepared on: April 26, 2001 Resolution 81, 2001 SECTION 4. TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owners Association, Inc., and the Mall Properties Ltd. SECTION 5. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 6. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF ,2001. MAYOR JOSEPH R. RUSSO ATTEST:APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: CITY CLERK CITY ATTORNEY 3 139 Prepared on: April 26, 2001 Resolution 81, 2001 VOTE:AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO G:TalaI/DRI-PCD-00-01 -cc-res 140 Exhibit A Resolution 81,200! AMENDED DEVELOPMENT ORDER CONDITION #1 The Regional Center Application for Development Approval is incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, consisting of Volumes 1 and 11 and Appendixes A, B and C, dated September 1983, revised and submitted October 14, 1983.1 Notwithstanding anything to the contrary in the Application for Development Approval ("ADA") including but not limited to, Exhibit H and the tabulations, notations, labels and designations therein, nothing in the ADA shall be interpreted to constitute a constraint on the amount and physical location(s) within the boundaries of the DRI of uses in .any of the areas designated on Exhibit H for Retail/Office/Hotel (1), Office/Hotel/Community uses (2), or Research/Office/ Service Community Uses (3); provided the total square footages for uses are consistent with the Conversion Rates below of ...........Floor Space Allocations on Exhibit Hand do not exceed any of in the Range ~,,~ov; .... and restated below are ,net excee~e~ and; provided that such uses do not intrude into any areas designated on Exhibit H as open space and; further provided that no changes are made to the location(s) of the Major Road Systems as shown on Exhibit PARCEL 27.12 NOPC LAND USE CONVERSION RATES From R & D Office Hotel Business Office Hotel !ntensi ,ty 1 ft.2 1 room 1 ft.2 1 room To Retail Retail Retail Business Office Intensi~, 0.422 ft.2 257.229 ft.2 0.219 f~.2 708.245 ft.2 141 Exhibit A Resolution 81, 2001 RANGE OF FLOOR SPACE ALLOCATION FOR LAND USES USE Neighborhood Commercial Retail Office - Business Office - Research Hotel Residential TOTAL MINIMUM 26,000 sf 1,440,000 sf 902,437 sf 73,440 sf 118 rooms/100,300 sf 1,813 du/1,813,000 sf 4,355,177 sf 26,000 sf 1,718,888 sf 1,210,000 sf 235,200 sf 419 rooms/356,150 sf 1,813 du/1,813,000 sf 5,359,238 sf Any conversions of land uses pursuant to the Conversion Rates above will include a written notice to the Department of Community Affair Bureau of Local Planning and Treasure Coast Regional Planning Council upon the filing of a development application with the City of Palm Beach Gardens. All such conversions will also be addressed in the Annual Report. 142 Exhibit B Resolution 81, 2001 THE REGIONAL CENTER DRI MASTER PLAN EXHIBIT H PERMITTED NEIGHBORHOOD COMMERCIAL USES RETAIL & COMMERCIAL Antique Shop Appliance and Electronic Store Bakery Bicycle Sales and Repair Bookstore Drugstore or Pharmacy Floral or Florist Shop Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail Hobby, Fabric and Croft Shop Ice Cream Shop Jewelry Store, including Repair of Jewelry and Clocks Restaurant PERSONAL SERVICES Bank/Financial Institution with or without Drive Through Barber / Beauty Shops Dry Cleaning Laundry, Self Service Laundry and Dry Cleaning Pickup Station Personal Services Picture Framing Shoe Repair Video Rental and Sales PUBLIC & INSTITUTIONAL Post Office CULTURAL, ENTERTAINMENT & RECREATIONAL Park, Public Recreation Center, Public OTHER Satellite Dishes, Accessory NOTES: 1. Any use not specifically listed herein may be permitted in the Neighborhood Commercial category of the Regional Center DRI at the discretion of the City Council. 2. The Neighborhood Commercial category of the Regional Center DRI shall have a minimum of three permitted uses. 3. No signage for the Neighborhood Commercial uses shall be permitted on the Alternate A1A. 4.Direct vehicular access to a Neighborhood Commercial use shall only be permitted on Victoria Gardens (a.k.a West Avenue). 143 \\Uds_serverkSYS\COMMON~obs~RegionalCenterDRlk27.12kNeighborhoodCommereialUsesf.03140 l.wpd LCC35 *REVISED* City of Palm Beach Gardens Council Agenda May 17, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. II. III. IV. Vo VI. VII. VIII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 17, 2001 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS: PRESENTATIONS: a.Beautification & Environmental Award - The Oaks Center. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: For Items Not on the Agenda~ please submit request form to the Cits’ Clerk prior to this Item) CONSENT AGENDA: ao bo Consideration of approving Minutes from the April 19, 2001 Regular City Council Meeting. Resolution 60, 2001 - Art in Public Places - PGA National. Consideration of approving the Art in Public Places proposal for the PGA National Headquarters, located on the west side of the Avenue of Champions Co eo Lf. go *h. approximately one-quarter of a mile south of its intersection with PGA Boulevard; providing for a condition of approval. Resolution 72, 2001 - Award of Bid for Resurfacing Athletic Courts. Consideration of executing an agreement to resurface several athletic courts. Resolution 79, 2001 - Frenchman’s Reserve Golf Maintenance Facility. Consideration of approving a site Plan Application for a Golf Course Maintenance Facility located within the Frenchman’s Reserve Planned Community Development, approximately one-quarter mile south of the intersection of Hood Road and Alternate A1 A; providing for waivers. Resolution 80, 2001 - Frenchman’s Reserve "Pod G." Consideration of approving a Site Plan Application for "Pod G" located within the Frenchman’s Reserve Planned Community Development, allowing for the development of 36 single-family homes located approximately ¼ mile east of the intersection of Hood Road and Alternate A1A. *REVISED RESOLUTION ATTACHED Resolution 83, 2001 - Consideration of approving and executing an agreement for Mass Care Host Shelters with Palm Beach County Chapter of the American Red Cross. Award of Bid - Electrical Conduits. Consideration of awarding the bid for installation of 17,800 feet of electrical conduits to D.S. Eakins in the amount of $91,210 per piggyback with Palm Beach County. Resolution 75, 2001 - San Michele Plat. Consideration of approving the San Michele Plat. *NEW ITEM ATTACHED *i. IX. Resolution 87, 2001 - BallenIsles Pod 15 Plat. Consideration of approving the BallenIsles Pod 15 Plat. *NEW ITEM ATTACHED PUBLIC HEARINGS: Ordinance. 9, 2001 (Second Reading) - Prosperity Center Addition Annexation. Consideration of annexing into the City approximately seven- tenths of an acre of land generally located two-tenths of a mile south of the intersection of Prosperity Farms Road an PGA Boulevard, on the east side of Prosperity Farms Road; revising the boundaries of the City to include said real property; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for severability; and providing for an effective date. bo Ordinance 8, 2001 (Second Reading) - Prosperity Center Future Land Use Plan. Consideration of providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately seven-tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road an PGA Boulevard, on the east side of Prosperity Farms Road, from Palm Beach County Low Residential-3 to City of Palm Beach Gardens Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflict; and providing for an effective date. Co Resolution 81, 2001 - Regional Center NOPC Altering Master Plan. Consideration of amending Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing amendment of the Master Development Plan to reconfigure the alignment of Victoria Gardens Drive, relocate the Neighborhood Commercial Parcel 6, redesignate the use of Parcel 6 as Multifamily Residential, relocate Parcel 4 to the east of the Water Management Tract, redistribute the acreage of Parcel 7 equally between Parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend Condition #1 to establish and adopt a Land-Use Conversion Matrix (as depicted on map H); providing that the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall poperties Ltd.; providing for repeal of Resolutions in conflict; and providing for an effective date. X. RESOLUTIONS: ao Resolution 78, 2001 - Mirasol "Parcel A" Site Plan. Consideration of approving a Site Plan Application for "Parcel A" with a total of 208 zero lot- line single-family home lots within the Mirasol PCD, located along PGA Boulevard; providing for conditions of approval; providing for waivers. bo Resolution 76, 2001 - Mirasol "Parcel B" Site Plan. Consideration of approving a Site Plan Application for "Parcel B" with a total of 159 zero lot- line single-family home lots within the Mirasol PCD, located along PGA Boulevard; providing for conditions of approval; providing for waivers. Co Resolution 77, 2001 - Mirasol "Parcel C" Site Plan. Consideration of approving a Site Plan Application for "Parcel C" located within the Mirabella Subdivision of the Mirasol Planned Community Development, allowing for the development of 125 single-family zero-lot line homes, located approximately ¼ mile west of the intersection of Hood Road and Jog Road; providing for conditions of approval; providing for waivers. XI. ORDINANCES: (For Consideration on First Reading) ao Ordinance 12, 2001 - Marriott Sign Waiver. Consideration of approving an application from the PGA Marriott for an amendment to a Planned Unit Development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at 4000 RCA Boulevard; providing for a waiver. XII.ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: Fathom Restaurant (formally Hibiscus) Outdoor Seating. Review of impacts of outdoor seating at Fathom’s Restaurant (f/k/a Hibiscus Restaurant). b.Unit 2 Drainage XIV. CITY ATTORNEY REPORT: XV.ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accomtnodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), assistance. If a person decides to appeal any decision made by the Council, with respectto any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 SUBJECT/AGENDA ITEM: Consideration of Approval: Resolution 78, 2001, a request for site plan approval for a residential development on Parcel A located within the Mirasol Planned Community District (PCD). The gross acreage of subject site is approximately 53.3 acres and the proposed number of residential lots is 208. RECOMMENDATION: Staff recommends approval of Resolution 78, 2001, with conditions. Reviewed by: City Attorney(/~ Finance N~A ACM Human Res. NA Other NA rG~h Management Director Appro~~~M~- c~, M’~ / Originating Dept.: Growth Management Advertised: Date: Paper: [X] Not Required Affected parties -[--3"-Notifi ed [X] Not required Costs: $,__ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Resolution 78, 2001 ¯PCD Master Plan ¯Site plan ¯Architectural drawings ¯Landscape plan ¯Comparison and land-use tables ¯Design Guidelines ¯Staff comments [ ] None 145 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-23 REQUEST Anne Booth of Urban Design Studio, agent forKenco Communities, is requesting site plan approval of a residential parcel known as Parcel A located in the Mirasol Planned Community Development (PCD), formally known as Golf Digest, along PGA Boulevard (Blvd.). Parcel A is located south of Hood Road and north of the Seacoast utility facility. The gross acreage of Parcel A is 53.27 acres and the parcel will be developed at a proposed density of 3.9 dwelling units per acre. The proposed 208 dwelling units will be constructed on single-family zero lot line lots. BACKGROUND On May 18, 2000, the City Council approved Ordinance 8, 2000, which approved the Master Plan of the Golf Digest Planned Community District (PCD), which is now known the Mirasol PCD. LAND USE AND ZONING The future land-use designation of the subject site, as reflectedi on the City’s Future Land Use Map, is Residential Low (RL), which allows a maximum of five residential units per acre. The zoning classification of the site is a Planned Community District (PCD). Parcel A is designated Residential Medium (RM) on the Master Development Plan for the Mirasol PCD. CONCURRENCY Traffic, Drainage and Utility Concurrency for this site were granted at the time of PCD approval. PROJECT DETAILS Building Site The project consists of 208 zero lot line lots on approximately 53.3 acres of land located within the Mirasol PCD. Parcel A is one of three parcels that make up a small community to be located along Hood Road to the north, the Seacoast parcel to the south, and the elementary school site to the east. The approved density of the parcel is 9 dwelling units per acre, but the applicant is proposing a density of 3.9 units to the acre. The minimum lot dimensions of the 208 lots is 120 feet by 65 feet. Recreation In addition to the centrally located 3.1-acre private recreation area, this parcel has access to numerous community serving public recreation areas. The 15-acre public community park site is located adjacent to Parcel B and will include ball fields, basketball courts, volleyball courts, picnic areas and a tot lot. A 6.3-acre passive open space linear park will also be located just to the south of the public park. There are over 6 miles of Parkways and over 10 miles of Sidewalks/pathways along Jog Road, PGA Blvd., and Hood Road which are available to the residents and have been designed and located to be part of the community serving open space within the PCD. 1462 City Council Meeting Date: May 17, 2001 Date Prepared: April 2~, 2001 Petition SP-00-23 Site Access and Circulation Roadway access to the site, via Jog Road, will be completed s!multaneously with the parcel construction. In accordance with condition number 63 of the Development Order of the PCD, a stabilized road base will be completed prior to the commencement of construction. The site will have a single access point off of the collector roadway, which connects the community to Jog Road. An internal access gate on the collector roadway will restrict vehicular circulation to the community. Pedestrian access throughout the community has been provided through a system of sidewalks, which connect to the recreation area, as well as the community pathway/sidewalk system, which is required by the Parkway Overlay District. Phasing Development of this parcel will be in a single phase. Architectural style The architectural style and colors proposed for this site are modeled after the Mizner style, which has been established by the master developer, according to the applicant. All structures are limited to 36’ in height. Single-story and two-story proto-typical units have been submitted for approval. Design Guidelines for use with the proto-typical units have also been established by the applicant. Liqhting Decorative fixtures to match the lighting within the other single-family residential communities will be provided throughout the development. Locations of light poles have been indicated on the site plan and landscape plan. A lighting detail has been included on the site plans. Street lights will be field located to avoid conflicts with street trees and utilities. Landscaping The Hood Road Parkway Landscape Buffers have been designed to incorporate the entire 55-foot buffer, and are currently being completed for submission in accordance with the conditions of the PCD. The planting concept within the site maintains the native theme that is present throughout the overall PCD. The Master Property Owners Association will maintain the PCD and Parkway buffers. The Jog Road Parkway Landscape Buffer has been approved by the City Council. Parkinq Parking will be provided through garage and driveway spaces at one space per bedroom. Siqnaoe The location of the entrance sign has been noted on both the site plan and the landscape plan. The applicant has moved both ground signs out of the Parkway buffer, as requested by staff and the Planning and Zoning Commission. The previously requested waiver to allow both signs within the Parkway buffer is withdrawn. 1473 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition $P-00-23 Drainaqe The lakes that are centrally located within and adjacent to Parcel A are part of the master surface water management system for the PCD. Drainage outfall from this site will be accomplished by drainage into inlets and culverts, outfalling into internal as well as adjacent lakes. Waivers The petitioner is requesting waivers from the following Code requirements: Code Section Required Provided Waiver Staff ,Recommendation Section 75 - Rear Setback 10 feet 7 feet Support** Section 75 - Side Setback 7.5 feet Section 75 - Side Setback Section 75 - Side Facing Street Section 256 - Sidewalks Section 217 - (c) Platting Section 75 - Maximum lot coverage 7.5 feet 20 feet 5 foot sidewalks required on both sides of the street No building permits issued until plat recorded. Maximum lot coverage permitted = 35% 3 feet (screen enclosure) 0 feet (zero side) 5 feet (screen enclosure) 15 feet 5 foot sidewalk on one side of street Dry model building permits prior to b.p. 50% lot coverage 7.5 feet Support 2.5 feet 5 feet One sidewalk Prior to b.p. 15% Support Support Deny* Support conditions approval Support with of ** the applicant’s justification for the waivers which staff supports is attached. * An analysis of the waiver which staff does not support is as follows: Section 256 - Sidewalks The applicant is requesting to waive the requirement of Section 256, which requires that a five-foot concrete sidewalk be installed on both sides of a street within subdivision. The waiver is requested to provide one sidewalk on one side of Loop Road only. The applicant has justified the waiver on the basis that the sidewalk would create conflicts with the landscaping and utility easements, given the amount of space available within the right-of-way. However, the applicant is providing sidewalks on cul-de-sacs that provide access to less than 15 lots, which the applicant is not required to provide by the Code. Staff considers the justification as inadequate and does not support this waiver for the following reasons. First, providing sidewalks on small cul-de-sacs should not be a substitute for the sidewalk on Loop Road because the road provides access to nearly all of the lots in Parcel A. Second, streets with sidewalks on both sides of the street are aesthetically pleasing as opposed to streets without. Third, residents tend to use the area 1484 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-23 of the right-of-way for the sidewalks for on-street and parallel parking, which is not allowed by the Code. Fourth, streets without sidewalks do not provide safe paths or areas for pedestrians or children to play, respectively. Finally, Section 92 of the Code specifies that waivers within PCDs are granted in order to encourage applicants to propose projects that are "innovative, creative, and utilize planning, design, and architectural concepts that will be of benefit to the City." Eliminating a sidewalk in order to accommodate and maintain the proposed density of the project does not qualify as innovative or creative. Approving a waiver for the elimination of a sidewalk without the applicant providing the code required innovative site designs would set an undesirable precedent, making it difficult to deny other applicants this waiver in the future. The Mirasol PCD provides for or exceeds the minimum standards required for open space and has low density, given its size. However, these standards are not related to the issue of providing or waiving sidewalks. Providing a sidewalk on both sides of a street is simply a minimum standard with which compliance should be sought. The sidewalk should be provided because it is aesthetically pleasing, prevents on-street and parallel parking, provides safety for children and pedestrians, and the street on which the sidewalk is to be provided is the main road within the development and provides access to nearly all of the lots. Recommendation Staff recommends denial of the requested waiver; however, Staff would support a waiver to allow for 4-foot sidewalks on both sides of the street, as recommended by the Planning and Zoning Commission. The resolution for this petition does not include this waiver. Traffic The development of this site is consistent with the approved Master Plan. The design of the adjacent roadway system has been submitted and reviewed by the City Engineer. A left turn lane has been designed at the entrance of the project to address the anticipated turning movements onto the collector roadway leading to these parcels. The total number of trips anticipated to be generated by this development and others within the PCD will be monitored by staff through the annual review of the "Annual Report," which is required by the Development Order of the PCD. PLANNNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission reviewed and considered the subject petition at a workshop held on March 27, 2001. The Commission recommended approval of this petition with a motion of 6-1 with some modifications. These modifications are reflected in the conditions of approval. STAFF RECOMMENDATION Staff recommends approval of Petition SP-00-23 with conditions, and recommends approval of six waivers and denial of one waiver requested by the applicant, as provided in the attached resolution. G:TalaI/SP-O0-2." Table 1: ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS Subject Property Mirasol Parcel A North Donald Ross Road South Seacoast Utility Facility East Parcel C Residential Low- 3 (RL-3) w/Planned Community District (PCD) Overlay N/A Residential Low (RL) N/A Community District (PCD) Overla~, Residential Low - 3 (RL-3) w/Planned Community District (PCD) Overlay Public/Institutional (P/I) Residential Low (RL) Residential Low (RL) Public (P) 150 Table 2: SITE ANALYSIS AND CONSISTENCY WITH CODE Maximum Density for: RL-3 = 5 du/acre Minimum Building Site Area for RL-3: 6,500 sqft Minimum lot Width for: RL- 3 = 65 feet Maximum Building Lot Coverage for RL-3: 35% Maximum Building Height for RL-3 & RM: 36 feet Front Setback for: Front loaded = 20 feet Side loaded = 10 feet Side Setback for: RL-3 = 7.5 feet Side Setback Facing a Street for: RL-3 = 20 feet Rear Setback for: RL-3 = 10 feet Minimum Building Separations 3.9 Dwelling Units per Acre 7,800 sqft 65 feet 50% 36 feet Front = 20 feet Side = 15 feet 0 feet and 5 feet 15 feet 3 feet 10 feet (6 feet with mechanical equipment) Yes (with PCD Master Plan designation of RM) Yes Yes No (waiver requested) Yes Yes No (waiver requested) No (waiver requested) No (waiver requested) N/A Required Parking: One space per bedroom Minimum Landscaping Points: 945 Sidewalks on both sides of streets One space per bedroom Yes 1,480 points Yes Sidewalks on one side of No street (waiver requested) 151 April25,2001 RESOLUTION 78, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCEL A" WITH A TOTAL OF 208 ZERO LOT LiNE SINGLE- FAMILY HOME LOTS WITHIN THE MIRASOL PCD, LOCATED ALONG PGA BOULEVARD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent, for approval of a site plan for 208 zero lot line lots, located within the Mirasol PCD along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks seven waivers as part of site plan approval; and WHEREAS, the subject parcel is currently zoned Planned Community Distdct (PCD) with an underlying zoning of Residential Low (RL) and a future land use designation Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations, and has recommended approval; and WHEREAS, on March 27, 2001, the Planning and Zoning Commission recommended approval of the site plan for Parcel A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for 208 zero lot line lots, located within the Mirasol PCD along PGA Blvd., more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: The building and construction of any residential unit within Parcel A shall conform to the design guidelines established by the petitioner for the subject parcel, in accordance with the recommendation of.the Planning and Zoning Commission of the City of Palm Beach Gardens (Planning & Zoning). .. 152 Apd125,2001 The Jog Road Parkway and Hood Road Parkway landscaping adjacent to Parcel A shall be completed prior to the issuance of the first Certificate of Occupancy (City Forester). 3.The PCD buffer between the out parcel (Bonnett Hunt Club) and Parcel A shall completed prior to the issuance of the first Certificate of Occupancy for a unit abutting the PCD buffer (City Forester). 4.Prior to construction plan approval, the applicant shall show the drainage easement locations and width on all construction plans (Engineering). 5.Prior to construction plan approval, the applicant shall indicate on the construction plans where Type F curb transitions to valley gutter at Sedona Way (Engineering). o Prior to construction plan approval, the applicant shall show pavement striping/chevrons in advance of the median islands to promote traffic to keep right in lieu of directional traffic signs (Engineering). °Prior to the first certificate of occupancy, the City shall approve Parcel A roadway construction phasing plans. The first phase of the roadway construction shall be completed and accepted by the City Engineer prior to the first Certificate of Occupancy (Engineering). 8.Prior to the first certificate of occupancy, Mirabella Drive construction shall be completed and accepted by the City (Engineering). o Prior to the first certificate of occupancy, the supporting master surface water management system and positive legal outfall construction shall be completed and accepted by the City (Engineering). 10.Prior to the 200"~ certificate of occupancy for Parcel A, B and C combined, the Recreation Center construction shall be completed and accepted by the City and a certificate of occupancy issued (Engineering). 11.Prior to the first certificate of occupancy, the applicant shall record the plat (Engineering). 12.A maximum of five (5) Dry model permits may be issued prior to recording the plat subject to staff review and approval (Engineering and Planning & Zoning). 13.Prior to the issuance of the building permit for the parking areas and temporary information trailers adjacent to the models, the applicant shall provide construction plans for review and approval. The construction plans shall meet all applicable Land Development Regulations including, but not limited to, those pertaining to parking, paving, drainage, landscaping, irrigation, and lighting (City Engineer). 153 April 25, 2001 14.Prior to the issuance of the certificate of completion for the parking areas and temporary trailers adjacent to the models, those portions of the Parcel A spine road, Jog Road, and Mirabella Drive that provide access to the models shall be completed and accepted by the City (City Engineer). 15.The applicant shall post a letter of credit prior to the issuance of a building permit for the models in the amount of $50,000 per model for the purposes of demolition and lien protection ($10,000 for demolition and $40,000 for lien protection)to remain in effect until the plat is recorded (City Engineer). 16.The issuance of permits for construction of models prior to platting shall be limited to the model lots as shown on the site plan (City Engineer). 17.No individual lots shall be allowed to transfer title until the plat has been recorded (City Engineer). 18.No access by the general public shall be allowed on the temporary construction road. (City Engineer). 19.No access by the general public will be allowed to a model home until the final certificate of occupancy is issued (City Engineer). 20.The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following six waivers with this approval: A waiver from Section 75 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 50% lot coverage. The waiver is approved for an additional 15% lot coverage. A waiver from Section 75 of the City Code, whichrequires a minimum side interior setback of 7.5 feet. The applicant proposes a zero and a ten-foot setbacks for Parcel A (zero lot line). The waiver is approved for 7.5-foot. A waiver from Section 75 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a setback of 15 feet. The waiver is approved for 5 feet. A waiver from Section 75 of the City Code, which requires a minimum side interior setback of 7.5 feet. The applicant proposes to locate pools/screens and accessory structures within the side interior setbacks at zero and five feet from the property line. The waiver is approved for 7.5 and 2.5 feet. 154 April 25, 2001 A waiver from Section 75 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes to place accessory structures and pools/screens three feet away from the property line in the rear. The waiver is approved for seven feet for all lots in Parcel A, except for Lots 29, 115, 116, 127, 128, 148, 149, 157, 158, 173, 174, 185, and 186, for which a waiver of two feet is approved. A waiver from Section 217(c) to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined above. Section 4. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: 1.Site Plan, Parcel A, by Sanders Planning Group, p.a., Sheet SP-1, revised on January 24, 2001; 2.Site Plan, Parcel A, by Sanders Planning Group, p.a., Sheet SP-2, revised on February 28, 2001; 3.Site Plan, Parcel A, by Sanders Planning Group, p.a., Sheet SP-3, revised on January 24, 2001; 4.Parcels A, B, & C, Master Site Plan, by Sanders Planning Group, p.a., revised on February 28, 2001; 5.Preliminary Planting Plan, Typical Units, by Sanders Planning Group, p.a., Sheet P-l, revised on January 24, 2001; 6.Preliminary Planting Plan, Corner, by Sanders Planning Group, p.a., Sheet P-2, revised on February 28, 2001; 7.Mirabella Drive-Entry, Planting Plan, by Sanders Planning Group, p.a., Sheet P-l, revised on February 28, 2001; 8.Design Guidelines, Parcel A, revised on April 26, 2001; 9.Parcel A, Mirabella At Mirasol, Model 65E, Floor Plan, Sheet A-l, by Sotolongo Architects, revised on January 24, 2001 10.Parcel A, Mirabella At Mirasol, Model Architects, revised on January 24, 2001 11.Parcel A, Mirabella At Mirasol, Model Architects, revised on January 24, 2001 12.Parcel A, Mirabella At Mirasol, Model Architects, rewsed on January 24, 2001 13.Parcel A, Mirabella At Mirasol, Model 65E, Elevations, Alternate 1, by Sotolongo ; 65F, Floor Plan, Sheet A-l, by Sotolongo ; 65F, Elevations, Alternate 1, by Sotolongo ; 65B, Floor Plan, Sheet A-l, by Sotolongo Architects, revised on January 24, 2001; 14.Parcel A, Mirabella At Mirasol, Model 65B, Second Floor Plan, Sheet A-2, by Sotolongo Architects, revised on January 24, 2001; 15.Parcel A, Mirabella At Mirasol, Model 65B, Elevations, Alternate 1, Sheet A-3.1, by Sotolongo Architects, revised on January 24, 2001; 16.Parcel A, Mirabella At Mirasol, Model 65A, Floor Plan, Sheet A-l, by Sotolongo Architects, revised on January 24, 2001; 17.Parcel A, Mirabella At Mirasol, Model 65A, Second Floor Plan, Sheet A-2, by Sotolongo Architects, revised on January 24, 2001 ; 155 Apr/125, 2001 18.Parcel A, Mirabella At Mirasol, Model 65A, Elevations, Alternate 1, Sheet A-3.1, by Sotolongo Architects, revised on January 24, 2001. Section 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. Section 6. If any clause, section, other part or application of this Resolution is held by a court of competent jurisdiction to be invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE th DAY OF MAY 2001. JOSEPH RUSSO, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Carol Gold, MMC, City Clerk CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT G:Talal/SP-00-23-re 5 156 EXHIBIT A PARCEL A .LEC,^I :DESCi~IPTIOH: ~ PA,RCEt oF" LAND LYING I~i SEC~’I~i .il, I-O~SHIP 4~ SOUTII, RAvaGE 42 E~,I, CITY OF P~,~ M ~IACII GARDENS. ~L~ t~r~=~Cfi ~OU{II~, FLotillA, BElonG ~RE P~RIICULAI~LY L~ES("dSEO" AS F~LU~, ,-~ MEASUR[{~,M qlGHT ANGLES]. IItE. SOUIR IIIGB]~; ~,Y LI~" OF nn.I(CL, RO~@ ~S DESCRIBED tN F~EEO PO0~,. 1139, PAGE 65 AND 415 OF’TIIEPUBLIC ffE(~DS O; PALM BE/.CH C~,III1Y. r1:3]flDA:: Tt~CE SOUlll B9’19"0]~ EAST ALOtI~ SAID ~RALLEL LINE, .A DISfARCE 55){~=) FEEl- TO THE POINI OF BEGINrlING~ TBEtICE CONTINUE ALONG SAID.PAHALLEt Lille ’Sa. I~ B9"19"03" EAST, A I)ISfAHCE OF 115B.}5 FEEl TO ~EFEIIEBCE POINT "A% CONIIIIUE ALORG SAID PARALLEt LII.IE S~IH B9~19"05" E~ST, A DISTANCE OF B4 .14 FEEl TO ~ POINT ON A LII~ 25.00 fEET WEST OF ~}iD PARALLEL Wllll (AS ~ASUREO Af ~IGI.II ANGLES) THE ~SI LINE" OF IItE EaSI 552.20 FEEl OF TIlE F,~III OIIE-IIALF ~ h.lE IIORIH~SF ONE-~ARTER OF SAID SZCf[OH ]~i IIIER~E ALONG SAID PARALLEL LINE SDOIN 01’01 ’~2" ~ESr, A DISIAI.ICE OF .~5],45 FEEl I0 A POINI 01.1 A LIllE 25.00 fEET SOU]I~ OF AND P~RALLEL ~litl (AS MEASURED AT ~IGIIT AItG’,.ES] )tie SOUII{ LINE OF ~E RORIII 5~].20 FEET ~ ~HE EAST 552.20 FEET.OF THE SOBllt OHE- RALF ~ IIIE IIORTH~ST OI,IE-OBARfER OF SAID SECTIOII 34~ 1HERCE SOUTII 88~SB’M" EAST. A DISIANCE OF 582./0 FEEh TtlENCE SBITH 01"01 ’23" ESI, A DISIANCE OF 173.00 FEET: TltENCE SOIIIH 14"~6’~6" EAST, A DISTANCE OF 55.08 FEEIj TIIEIICE SOUItl B1~01"23" ~SI, A DISIANCE OF 120.00 FEEh IllEtiCE NORfH BB’SB’]?" WESI. DISTANCE O~ 120.58 FEEl lO IRE BEGII~ING OF ~ CURVE CONCAVE 10 "Jill NOBIH, HAVING A NADIUS OF II~.00 FEEl AND A CENIRE ANGLE ~ M’4B’30% IHENCE I~SIEBtl ALONG ItlE AIIC OF SAID CURVE, A DIS!ARCE OF 96..’~4 FEET’TO A POIItl OF REVERSE {URVAIURE OF A~BRvE- CONCAVE TO ltlE SOU[II. HAVING/ARAD IJS OF I00.00 FEE[ AI~ A CEHIRAL AIIGLE OF ~1"48’~0"~ TIIENCE ~STERLY ALONG THE ARC OF SAIl} ClJRVE, ,A DISTANCE OF ~5,52 ~EEI~ TNEfiE NOR’Ill BB’SB;]I" ~ES~ A DISIAH~E OF 320.59 ~EE]; THERCE SOU1H 72"26’0B" ~ST,’A DISTANCE OF 31;11 FEET TO A POIDI ON A NUN-IARG[III CIJRVE . C~ICAVE ]O IRE SOUIHESr ([NE AFDRE~NTIONED COUNSE BEING A RADIAL PROaECTIOH .’SAID CBRVEI, ItAVING A R~DIUS OF 5B.O0 FEE.T a~ A CENIHAL A~IGLE Or 5B"5~ IBENCE NORTtt’~STERLY ALONG THE ARC ~ SAID CURVE, A DISTAUCE OF 5~.5B FEET lO POIHI" OF REVERSE" CURVATURE OF A CBR~ cQttcAVE TD TIlE NORIII, IIAVING A RADIUS or 342.50 FEET AND A CENTRAL AIIGLE.OF 02~.1.7’.53"~ ]IIENCE ~STERLY ~LOI.IG THE ARC OF SAID CURVE, A DISTANCE OF 13.74 FEET .TO A POINT OF REVERSE CURVA~IJRE OF A CURVE COI,ICAVE TO THE SOUTH, HAVItlG A RADIUS OF i00.00 FEEr A~ A CENTRAL ANGLE .~8~3"11 "~ IIIENCE ~SIERLY ALOUG IRE AR~ OF SAIl) CURVE, A DI~IAN~E OF 85.0] FEE1 ]0 A POII.I~ ~F REVERSE CURVATURE OF A CURVE COMCAyE fO TIlE ~ORTHI~S[, IIAVII~IG A R~IUS OF 342.50 FEE1 AI.ID A CEIIIRAL A~IGL~ OF 33~]1 ’~g": IIIENCE SQUTIH’~SIERLY ALONG Tile ARC OF SAID CURVE, k DISI~N(E OF 200.42 rEE[: 1BEfiCE NORTH Bg~ID’D3" ~~VlESI, A D STA.ICE OF lIB.15 FEET 10 IHE BEGt{’tIItG OF A CURVE COHCAVE TO IHE "’?-’-, S~IIIEASI, HAVING k RADIUS OF I00.00 FEET AND A CFHTRAL ~HGLE Of 51"13"3~:’:" ~~:~/’~JHEI~CE SOUtlII~STEffLY ALONG TH~ ARC ~ SAID CURVE, "A D STANCE’OF 89.41 FE/l /~",~/~E CE SOU11 39"2I;23" ~$1 ~ DISIANCE OF 411 80 FEEl 10 IIIE BEGII~HNG ~F /~ ~ ~ ~’.~VE COI~C~VE lO IHE EAST. ~IAVItlG A RADIUS O[ [2.50 FEEl A~ AEEI~IRAL ~NGLE /~"~*=~ @~3 ~6;26"~ ]HENCE SOU1HERLY ALONG [tlE.A~C OF .SAID CURVE, A OlSrARCE ~ ~;~~ ~ .." ~T= IHEHCE S~TH O0= .’5I" ~SI, A OJSIANCE (~ 296.2B ~EE[ iO IRE BEG .~lflN~ OF ;’}~:.:~ ~’~~RVE COICAVE ~0 THE .IOR[II~ESI, HAVIFG. A RADIUS OF M2.50 FEET AcID A CEIIIRAL ~-~,’ e~ ~{~’. ,-. ~I~E OF 6~"03"~3’h THENCE SOUIHERLY A-ID SOUl VESIERLY A[O~G THE ARC OF SA D~~ ~-~ ~" ..~VE, A DIS[ANEE OF 37G.95 FEEh IIIEIICE SOUIII 63"44’3u" V~S], A UISIAI~CE or ~C~.~<:,l’i,~. 16 FEET 10 A POLIO B.I A NOR-TAItENI GIJRVE CONCAVE IO TIlE NOffllt 10 I~I~CH Ax ,~¯ -[~DIAL LINE BE~S SOIIIH 01"51’5B" ~ST, SAID CURVE tlAVIR5 A RADIUS OF 2885.00 ,,~;,.. 3~, .FEEl AND A CENIRAL ANGLE ~ 11"5~’1~’~ IHEN~ ~SIERLY AtONG TIlE ARC Of SAID -.. ¯CURVE, A DISTANCE OF 599.41 FEE[ lO A POlli~ B" CO=~OUND CU~VAIUR[ OF A CII~VE C~ICAVE [0 )lie NORIIIEAS1, HAVIltG A RADIUS OF 45.00 FEE[ AHD A CE~IIRAL ANGLE or 55~12"01"= IHEIICE NORIH~SIERLY ALONG THE ARC OF SAiD CURVE, A OlSIAIICE OF FI_EI IO A PO[NI OF RE~ffSE GURVAI1JR~ ~ A CURVE CONCAVE TO IHE S~III~SI, ItaVING A ffAUIUS OF 2]0.00 FEE1 AND A CEHIRAL ANGLE ~ ~5"04’54~ ItlEI~CE N~IHWESI’EflLY ALONG INE ARC (~ SAIl) CURVE. A OlSIANCE OF 1@0.97 FEEl I0 A PO[NI OF REVERSECgRVA1URE OF’A CURVE CONCAVE lO IRE N~IBEASI, HAVING A RADIUS Of 4S.00 [EEl A[ID A CENIRAL ANGLE.OF 5~’25’17% [IIEIICE NOffItI~SIERtY AEOI.IG IHE ARC ~ SAID CURVE, ~ D]S~AREE OF 4R.~4 F[EI= 1HENCE BORItl 11~41’22" ~ESL A DI’SIANCE B" IB;.]l FIE1¯ lO IRE BEGINNING OF A CURVE {ORGAVE TO IHE EASI, IIAVING’A gADIUS ~ 2885.00 FEE[ ANOA CERIRAL AHGLE Of 04o4l’lB’i flIENCE NORIHERLY ~,[OHG hie A~C OF SAID CURVE, A DISIANCE OF g~l.OB FEEI~.IHEHCE ALONG A tlON-IANGENr LINE NOR1U 04~46’42" [ASI, A DISIANCE OF 199.0~ FEEl I0 TRE BEGINNING ~ lllE CURVE CO~ICAVE lO 1t1[ $=SI. fiAVING A RADIUS ~ 21~.50 FEET A~ A CENTRAL A~iGLE ~ 08"04’59"= IHENCE NOR[tIE~LY ~LONG ItlE ~RC OF SAID CIIR~, A DIS’lANCE 0r 30.BB I:EEI= [tlEI(CE 03=18"17" ~S[, A DISIAt~E OF 161.1t FEE’f- lO IHE BEGlilNIIIG ~ A CURVE COIICAVE 1HE ES[, IAVIIIG A BAD US OF 21/.50 FEET ANO A CEN[R~ AtGEE OF [flENCE.JI~RIIIERLY:’ALONG IHE ARC OF SAID CURVE, A DIS[AliCE O~ 4B.14 FEET= N~IIi 5"59;0/" EST. A DISIANCE OF BS.59 FEE].IO A POIlff ON A LINE 55.00 FEE ElSI OF AIID PARALLEL WlIIt (AS ~ASURED AI RlGtll AHGI.ESI IRE V~S[ LithEOr IIIE NOR[tI~ESI ONE-~AR[ER OF SAID SECII@~ 34~ [IIEI-ICE ALO~tG SAIO PARALLEL LIiE 01=08’16" E~ST, A DIStaNCE OF 73~.15 FEEl IO IHE POIN[ l)F OEGINIIING. ....~_ ~OFFICE COPY ....DO NOT REMOVE PARCEL A: continued... LESS AND EX~E~ THE rOLLOWlNG~ COI~RCING AT IUE AFORE/,~NfIONEU ~EFERENC~ PO[NT "A’: IHE~E SOUTII EAST, A DISTANCE-OF 309.00 FEET .TO TIIE PDINT OF BEGIRNIHG~ THENCE l~ORl~l 19"22"21 " EAST, A DISTANCE OF BB.2B.~EET. IO IHE BEGINRING OF A CURVE COw,CAVE I0 IHE SOUIH, HAVING A RADIUS O[ 2S/.50 FEEI:AND A CENIRAL ANGLE ~F I I"IB’}G" IBENCEEASTEFFLY ALORG 31iE ARC ~ SAID CURVE/ A DISTANCE OF SO.B3 FEEl= INEI4CE S~IN B9~19"03~ EAST, A DISIAhCE OF 215;39 FEEl TO rile BEGIDNING OF A CURVE CL~CAVE [0 TIIE SOUIHY~SI, HAVING A RADIUS OF I00.~ FEET AND A CERIRAL ANGLE 01 90~18’25’h THENCE EASTERLY, SOUIIEASTER[Y:.AND SOUTHERLY ALONG IHE ARC OF SAID CURVE, A DISTANCE OF 157.62 FEEh ~HENCE.~BUIH 00’59’22~ ~Sl, A DISFAHCE L~ 2G.67 FEET TO TIIE BEGINNING OF A CURVE CONCAVE TO FHE ~ORTH~SL HAVING A I~ADIUS OE I00.00 FEEl At~ A CEHTRAL ANGLE OF.Bg"41 ’35"~ IIIENCE SOUIHERLY, S~TD~SIEFF[Y AND B~STERLY AL~d.IHE ARC OF SAID CURVE, A DISIANCE OF 156.54 FEEh THENCE N~TH B9~19’03" ~.ST~ A DISIANCE OE 96,25 FEE1 I0 IRE BEGINNING OF A CURVE CB.ICAVE 10 THE SOUTR, II;~VING A RADIUS OF 3~2.50 ~EEI AND. A CENIRAL ANGLE OF 51’~’34"~ IHENCE ~SIERLY AI4~ SOUIH~S!ERLY AL~G THE ARC OF SAID CURVE, A DISTANCE OF ]06,22 ~EET= IIIENCE S~IH 39’~7’23" ~ESL A DISIAHCE OF 43].94 FEEl IO THE BEGINNING OF A CURVE CONCAVE TO INE SOUTHEAST, HAVING A RADIUS OF 442.50 FEEl AND A CEI~XRAL ANGLE OF 16"~5’40"~ ~HEHCE SOBIHWESTERLY ALONG ~HE ARC OF SAID CURVE, A DISTANCE 0F.128.16 FEET [0 A POINT OF REVERSE CURVAIURE OF A CURVE C~ICAVE TO ~flE NORIH, ~AVII,IG A RADIUS. ~ IO0:DO FEET AIIU A CEIT[RAL ANGLE ~ I IB~29’~7"~ ~HENCE SOUTHEASIE~LY, ~SIERLY. AND NORTHWESTERLY ALONG THE aRC ~ SAID CURVE, A DISTANCE ~ 20~.32 FEEI [0 A POIN[ OF REVERSE CURVA~RE OF A CURVE C~AVE IO THE. SOUTH, HAVING A RADIUS ~ 50.00 FEET AND A CENIRAL ANGLE ~" 4B’40’34"= THENCE ~SIERLY ALONG IUE ~C bF SAIb CURVE, A DISIArlCE OF FEEI~ INENCE N~TH 89"19’03" ~SI, A DISIANCE OF 94.17 FEEl ]0 THE BEGINRH.IG OF A CUFl~E CONCAVE TO hie SOUIHEAS[, HAVING .A RADIUS OF 125.0~ ~EE[ A~ A CEIIIFlAL ANGLE OF 90~00’00"~ THENCE ~SIERLY, S~TH~SIERL.Y AND SOUTHERLY ALONG IRE ARC OF SAID CURVE; .A DISIANCE ~: 196.]5 FE~’h THENCE s~rH 00’~0"5I" WEST, A DISTANCE OF ~l,Ob FE~I TO IHE BEGINNING OF A CURVE CONCAVE 10 THE IIORIHEAST, NAVII4G A RADIUS ~ 160.00 FEET AND A CENIRAL ANGLE ~ 90’00"00"~ IIIENCE S~[IIERLY, SOUII~EASIERLY AND EAMERLY.ALOHG THE ARC ~ SAID CURVE, A’D[SIANCE 251.3~ FEEI~ IDEI, ICE S~IR B9~19’0~ EAST, A DISTANCE OF I81.BB FEEl TO INE BEGI ~N RG ~-A CURVE CONCAVE TO IHE S~III~ST, HAVING.A RADIUS OF.50.O0 FEEl A CENIRAL AHGLE ~ 90"00’~’~ .tHENCE EASTERLY, SOUIHEASTERLY AND S~IIHERLY ALONG HIE ARC OF SAID ~BVE, A DISTANCE OF ~B154 ~EET~ TIIEHCE.SOUTH 0~40’5/" WEST, A DISTANCE OF 12,B4 .FEET I0 THE BEGINNING OF A CURVE CO~.~AVE’ TO ]liE NO~IH~SI, RAVIRG A RADIUS ~ lOO.~O FEET AI~ A CENTRAL ANGLE OF 9~’12’~4% THENCE SOUINERLY, SOUTII~STERLY A.ID ~ESIERLY AL~ "JlIE ARC ~ SAIO CURVE, A DISIA~ICE 01 I62.BB FEEh IIIENCE NORTH 86~06"29~ ~ST, A OISIANCE.~ 224.30 FEET [0 IH[ BEGINNING OF A:CURVE COw,CAVE I0’ THE NOBIIIEASI;: HAVING A RADIUS OF 225.00 FEEl AND’ A CENIRAL ~GLE..~F.. 90"53"I i Ti IIIENCE.~SIERLY, NORIH~ESIERLY. AND HOR IHERLY ALONG THE ARC ~ SAID cURvE, A DISTANCE’. OF BSB.91 FEE[~ [HENCE NORTH 04"46"42" EAST; A DISIANCE’.OF 27B.]? FEE[ TO THE BEGINNII,IG ~F A CURVE CONCAVE I0 {lie S~[IIEASI, IIAV.ING A RADIUS OF I~.00 FEET ~AND A CENFRAL ANGLE OF 81 ~55’01% IRENCE [IORIIIERLY; NORTHEASTERLY AND EASTERLY ALONG IHE ARC OF SAID CURVE, A DISIANCE OF 142.97FEEl= "THENCE’NORTH 8B~41’.45" EAST, A DISIANCE OF 49.91 FEEl lO TI~E BEGIHNielG OF CURVE CoHCAV~’TO THE.N~Ih~ST, RAVING A RADIUS OF 16D.O0 FEEl "A~D CENIFl~ AN~LE OF 90~00’00~: .[HENCE EASIERLY, NORINEASTERLY AND’ H~THERLY ALONG THE A~C OF SAID CURVE; A DISIA~ICE OF 251,33 FEEh IHENCE NORIN O~IB’I7" ~ST, A. DISIA~E ~ 26.00 [EET-IO IliE BEBINRING or A CUR~ {ONCAVE I0 ¯THE SOUIH~SI,.HAVING A RADIUS OF 160.00 ~EEI AND A CENIRAL ANGLE ~ [IE4CE HORIHEFlEY,. ~FFI~I~SIERLY Aft. ~SIERLY ALONG-IHE k~C OF SAID.CUrVE, A DISTANCE OF 251 .’~3..FEEIi THENCE 50UIl.i BB’~i~4}"’~EST;. A DISIAIICE. OF" i3;00 FEET TO ~IIE: BEGIHNI~G OF. A CUR’E cDNCAVE TO THE ~OUTH, IIAVING A RADIUS OF .I I].O0 fEET. .AND A CENTRAL ANGLE 0~.15"D9:.08~ .~I]ENCE.~SIERLY AL~G TIIE ARC ~F’,SAIO CURVE, D SIANCE OF 45,?5"FEET ]0 A POIHI .OF .BEVERSE CU~VAIU~ O~ A.CUFFVE CONCAVE TO THE ¯ NORTHEASi~ ~VlNG’.A RADIUS O~ JO0~O’FEET;~{~ A CENTRAL AHEE OF ~ THEe~E ~SIE~LY;. NOBIH~SIERLY k~IO N~ERLY AL~6 IRE ARC OE SAID ~ffVE, A DISTANCE OF 171,38 FEE1 IO A POINT ~ "CO~ CUFlVATLIRE ~ A CURVE CONCAVE TO IHE EAST, HAVING.A RADIUS OF 25~.50 FEEl AND A CENTRAL ANGLE OF II’2~12"e IRENCE N~IIIERLY AL~G THE ARC OF SAID CURVE; A DISFANCE O[ 51.25 FEEh THEIICE N~TH Ol~08"IB" EAST, A DISIANCE OF 127.8~ TEE] TO IIIE BEGInnING OF A CURVE CONCAVE TO TRE S~I~EASI, HAVIBG A R~ US:.OE~.IOl,50.[EEI AHD A CEHIRkL ANGLE OF 89"~2 "41 "i XHEN~"~ORTHERLY, .NORIHEASTE~LY: ~D EAMERLY ALONG¯ THE ARC OF SaID CURVE, A D~SIAN~:GF:IBB.OI fEEI~ IHEI~E SOU~H 89’19’03" EAST; A OISTARCE ~ 140.84 fEET IO IFl~.BEGIHNING O[ A CUR~ COi~CAVE ~0 THE SOUTH, IIAVlNG A RkDIUS OF 257.5~. FEEl AHD A CENFRAL AH6L~ OF l l~18~’3B’k THENCE EASTERLY ALONG IIIE ~C 01" SAID CURVE; A DISTANCE ~ 50;83 FE&h THENCESOUTH 78~00’27" EAST, A DISIAUCE &5.04 TEET TO.THE. BEGINNH~G O~ A"CURVE.COtI~AVE .TO IHE SOUIN~SI, RAVING A RADIUS OF 125,~0 EEEI AND A CENTRAL ANGL~.~: I05~2~’05~: IIIENCE EASTERLY, S~TIIEASIERLY’~D SOUIBERLY AL~G [I{E ARC OF.SAID CURVE, A OISIANCE OF 229.91 [EEI TO ~ POINT ~- FlE~RSE CURVA]URE ~. A,CUFFVE CONCAVE 10 THE EA~I, IIAVI[#~ A RADIUS OF 50.00 ’FEET AI~ A CENIRAL ANGLE ~.. 2B~41 "42"~ THENCE SOUIHEFlLY ALONG THE ARC OF SAIO ~URVE, A OlSTANC~ OF- 2~30.’FEET~ .THEBCE SpUTH 00’40"5/" ~ESI, A DISIANCE OF BS.~3.FEEI TO IHE BEGIHNI~ OF A .CURVE C~CAVE TO THE.NOnINEAST, DARING ~ RADIUS ~ 125.00 .FEET’AN~ A CEN!RA&’:.ANGLE ~ 90~00"00"~ IIIENCE SOUTHERLY SOUTBEASIERLY AlO EASXERL~ ~ONG THE ARC ~ SAID CURVE~ A DISTANCE OF 19&.35 FEEI~ THENCE S~TH 89"19’0~" EAST, ~ DIStANCEO( Bl.O0 FEEl iO IIIE BEGIH~.IIHG ~ A ~RVE CONCAVE I0 THE NORIII~I,’HAVING A RADIUS Or I~O.OD ~ET " AHD A CENTRAL .~IEE OF .90"00"00":. IHENC~ EASIEhLY, NORIHEASIERLY ~ND ROnIBERLY ALONG. IHE AFlC~ SAID CuRvE, A DISIARCE 0~.2.5i~3 FEET: THENCE N~RIN ~0~40’57" EAST, A DISIAHCE.~: 139.BB TEE[ TO [liE BE~INNJNG OF A CURVE COHCA~ ~0 IBE S~IREASI, IAV HG~ RADIUS OF l~O.O0 FEET. A~JD A CENTRAL ANGLE O~ 7B~41’24"~ INENCE ~IORIHERL~. NORIHEA~TERLY AND EASIERLY ALONG [lie ARC OF SAID CURVE, DISTANCE OF 13~4 [EEI~ TIIENCE ~IORIII 7~22"21~ EAST; A DISIANCE OF BT.54.FE~I TO THE’POINT OF BEGINNING. SAiD t~l~S CONTAINING 53,~6~ ACRES, ~E(~R’ LESS~. EXECUTIVE OFFICE SeacoastUtilityAuthority Mailing Address: P.O. Box 109602 Palm Beach Gardens, Florida 33410-9602 January2, 2001 VIA FAX: 799-4281 Mr. Edward Tombari Planning and Zoning Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE:Mirasol Parcel A Dear Mr. Tombari: We offer the following comments on your transmittal dated December 15, 2000 concerning the referenced project. o This property is currently encumbered by existing water and sewer transmission mains that Taylor Woodrow has scheduled to relocate in 2001. Approval of the site plan should be contingent on this relocation work being completed. We are unable to comment on the conceptual landscape plans until detailed water and sewer plans are available. Please call if you require additional information. Sincerely, S~AST UTILITY ~I’HORITY Bru~ G~~re~ Director of Operations ad co:R. B~hop S. Donahue J. Lance S. Se~a 4200 Hood Road, Palm Beach Gardens, Flodda 33410-2174 Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / FAX (561) CITY OF PALM BEACH GARDENS MEMORANDUM TO:Talal Benothman, Senior Planner DATE: December 21, 2000 APPROVED: FROM:Scott Fetterman, Deputy Chief, Administration SUBJECT: Mirasol (Golf Digest PCD), Parcel The Fire Rescue Department has reviewed the above referenced site plan petition and has no adverse comments or concerns at this time. Thank you for your consideration in this matter. Please keep us informed if any future changes are proposed. 160 Inner-Office Memorandum To: From: Ref: Talal Benothman ~~ ~~~’~ Lieutenant Jay Spenc~Ofticer E. Lovejoy Mirabella at Mirasol Parcel A Date: 12/27/00 Conditions: Lighting locations should not conflict with landscaping (to include long term tree canopy growth). ¯Lighting photo metrics should be done according to lighting code with landscaping already in place. ¯Metal Halide lighting should be used for all street and pedestrian walkways. ¯12’ light poles should be used for residential lighting. ¯Provide lighting for entrance sign. ¯Provide photocell or timer clock lighting for nighttime use above or near entryways to residences and garages. ¯ Landscaping should not obstruct view fi’om windows or walkways. ¯At the time of building permit application, the applicable builder will provide a street address system depicting street names and residential numericals for emergency response purposes. Address system should be in an 8 1/2 x 11 map format. 1(;1 ¯Numerical Address: }Needs to be illuminated for nighttime visibility. }Must have bi-directional visibility from the roadway. Residential security: If garage has a window, it should be connected to alarm system. ¯" The inside garage door leading into residence should be a solid core door and equipped with single cylinder dead bolt. Anti lifting auxiliary locks should be installed on sliding doors and windows. If front door has a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. If front door has zero visibility to front entryway areas equip it with a 180° peephole. Entry doors to open outward versus inward. Equip all exterior doors with security hinges. Rtm telephone lines underground with box hook-up on inside of garage versus the exterior of garage where telephone can be cut making alarm system inoperable. Interior circular roundabouts need to be one way with signage stating same. 162 Memo to File From:Mark Hendrickson, City Forester Subject:SP-00-23, Mirabella at Mirasol (Parcel A) Date:March 20, 2001 I have reviewed the revised plans submitted March 14, 2001 for the above-referenced petition and provide the following comments and recommendations for the March 27, 2001 P&Z Commission meeting: At this time, I will support the rear yard set back waiver for the lots that back up to a zero side. The proposed eight-foot set back for screens, pool, and accessory structures would allow for sufficient landscaping and the room to maintain it. I recommend the following conditions of approval: 1.The Jog Road Parkway and Hood Road Parkway landscaping adjacent to Parcel A shall be completed prior to the first Certificate of Occupancy. 2.The PCD buffer around the out parcel (Bonnett Hunt Club) adjacent to Parcel A shall be completed prior to the first Certificate of Occupancy abutting the PCD buffer. 3.The Recreation Center shall be completed prior to the 150th certificate of occupancy of the combined units within Parcels A, B and C. 163 MEMORANDUM TO: FROM: DATE: FILE NO.: Bahareh Keshavarz Sean C. Donahue, P.E. March 21,2001 00-4177 SUBJECT: Golf Digest - Parcel A We have reviewed the following plans and submittals prepared by Sanders Planning Group for the referenced project received March 19, 2001" Master Site Plan Site Plan Preliminary Planting Plan Typical Units We recommend the following conditions of approval: 1) 2) 3) 4) 5) Conditionally Satisfied. Prior to construction plan approval, the applicant shall show the drainage easement locations and width on all construction plans. 6) Conditionally Satisfied. Prior to construction plan approval, the applicant shall indicate on the construction plans where Type F curb transitions to valley gutter at Sedona Way. Conditionally Satisfied. Prior to construction plan approval, the applicant shall show pavement striping/chevrons in advance of the median islands to promote traffic to keep fight in lieu of directional traffic signs. Conditionally Satisfied. Prior to the first certificate of occupancy, the Parcel A spine road construction shall be completed and accepted by the City. Conditionally Satisfied. Prior to the first certificate of occupancy, Mirabella Drive construction shall be completed and accepted by the City. Conditionally Satisfied. Prior to the first certificate of occupancy, the supporting master surface water management system and positive legal outfall construction shall be completed and accepted by the City. 164 Golf Digest - Parcel B File No. 00-4178 Page 2 of 2 7)Conditionally Satisfied. Prior to the 150th certificate of occupancy for Parcel A, B and C combined, the Recreation Center construction shall be completed and accepted by the City and a certificate of occupancy issued. 8)Conditionally Satisfied. Prior to the first certificate of occupancy, the applicant shall record the plat. 9)Conditionally Satisfied. Prior to the issuance of the building permit for the Model Center, the applicant shall provide Model Center construction plans for review and approval. The construction plans shall meet all applicable Land Development Regulations to include but not limited to parking, paving, drainage, landscaping, irrigation, and lighting. Conditionally Satisfied. Prior to the issuance of the certificate of completion for the Model Center, that portion of Parcel A spine road, Jog Road, and Mirabella Drive that provides access to the Model Center shall be completed and accepted by the City. SCD/tj CC-"Charles Wu Steve Cramer Karen Craver John Wheeler - Caulfield & Wheeler, Inc. P:~ROJECTSLPBGMEMOk4177~ 177g.doc 165 CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS "Partners for Results Value by Design" i0 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax: (561) 286-3925 www.lbfh.com MEMORANDUM TO: FROM: DATE: FILE NO: Talal Benothman Scan C. Donahue, P.E.-~/3 February 15, 2001 00-4177 SUBJECT: Golf Digest - Parcel A We have reviewed the following revised plans and comments received on February 7, 2001: ¯Parcel "A" Site Plan, Conceptual Storm Water Management Plan and Planting Plan from Sanders Planning Group ¯Parcel A, B, and C wavier chart from the applicant ¯Response to our previous comments from Urban Design Studio We have the following comments: Not Satisfied. The Site Plan and Storm Water Management Plan are not consistent. All storm drainage easements are labeled on the site plan only. The Reinforced Concrete Pipes between Lots 195&196, and Lots 164&165 are outside the easements on the Stormwater Management Plan Not Satisfied. The proposed drainage easement on the Site Plan between Lots 19&20, and Lots 152&153 are not labeled on the Stormwater Management Plan. Regarding landscaping within drainage easements, the applicant needs to submit a cross section of the proposed landscaping for review. Large trees and vertical construction shall not be permitted within drainage easements. °Satisfied. The Site Plan has been amended to move the landscaping outside of the easement. ° Satisfied. The Storm Water Management Plan has been amended to include typical lot grading plans for standard lots and lakefront lots. Satisfied. The Site Plan has been amended to show all existing easements. Satisfied. The Conceptual Storm Water Management Plan has been amended to show minimum road elevation of 19.0-feet. 166 7.Satisfied. No crosswalks are shown per discussion at DRC meeting. Satisfied. The Site Plan has been amended to include the 70’ entrance road. The road section specified meets or exceeds the city’s LDR requirements. Satisfied. The Site Plan has been amended to show a stop bar and left and right turn arrows at the entrance on Sedona Way. 10.Not Satisfied. The applicant needs to indicate on the plans where Type F curb transitions to valley gutter at Sedona Way. 11.Satisfied. All typical road sections have specified an acceptable road construction section. 12.Satisfied. The 45’ right-of-way section has been amended to remove the trees and currently reflects the location of light poles. 13.Satisfied. The eyebrow roadways have been designated one-.way by pavement arrows and a stop bar and stop sign. 14.Satisfied. The applicant has designated Lots 9, 29, 115, 128, 148, 158, 173 and 186 as floater lots and will maintain a 10’ setback from the property line. 15.Satisfied. The applicant has amended the plan to require an 8’ rear pool/screen/accessory structure setback for those lots which have a rear to side configuration. These lots include 29, 115, 116, 127, 128, 148, 149, 157, 158, 173, 174, 185 and 186. 16.Satisfied. The unnecessary asterisks have been removed from the Site Plan. 17.Satisfied. The applicant has corrected the direction of the north arrow on Sheet P-I. 18.The applicant needs to provide lake maintenance tract access easements to all of the lakes within Parcels A, B & .C. Suggested easements are shown on the January 31 memo for Parcel B. 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. SD/ck Steve Cramer Karen Craver P:\projec~s~PBGMEMO~4177~41 "rTc.doc 167 Project Narrative - Mirasol Parcel A November 1, 2000 Page 7 Comparison I Proposed Consistent Points (Required by 15,645 20,667 yes LDR ’s) WAIVERS APPLICANT WAIVER JUSTIFICATIONS Deviations from the standard Land Development Regulations have been facilitated through the site plan approval process allowed as part of the Planned Community Development District site plan approval process. The code allows and encourages ingenuity, flexibility and imagination in the design of development parcels within a Planned Community District. The consolidation of open space within the PCD creates the need for flexibility in the application of setbacks and other standard Land Development Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations at its inception. While the City Council has approved numerous Zero Lot Line development plans, the Land Development Regulations do not have provisions for zero lot line home lots. The proposed plans are, however, consistent with the Land Development Regulations of Palm Beach County for Zero Lot Line development. The proposed development plans for Parcel A are also consistent with other previously approved Zero Lot Line development plans within the City as well as the intent of the Planned Development District regulations. The Code requires 20% (461 acres) of the PCD to be preserved as Community Serving Open Space. The Golf Digest PCD provides for over 65% (1505 acres) of the PCD in Community Serving Open Space. The gross density of the Golf Digest PCD is .93 du’s/ac. In comparison, PGA National, has 46% open space with a gross density of 2.24 du’s/ac and Ballenlsles has 52% open space with a gross density of 1.8 du’s/ac. The majority of the lots within this application abut open space in the form of water or extensive landscaped buffers. Water and landscaped frontage provides for a feeling of open space around the units. In accordance with the PCD sections of the code, at the discretion of the Council, adjacent open space can be credited towards the open space requirements of the parcel. While these parcels meet their required open space requirements, the perception of the adjacent open space for both the home owner and the public is enhanced by designing the lots to be adjacent to landscaped areas or water. Careful attention has been given to the design of the parcels to provide this amenity. C:\WlNDOWSkDesktop~VIy Briefease\GolfDigestWarcels ABCAApplicationA. 110100.wpd LCC35 168 Project Narrative - Mirasol Parcel A November 1, 2000 Page 8 Due to the nature of a Zero Lot Line product, the lot size and setbacks are typically smaller than a standard subdivided lot. This type of product is most often seen within a larger planned community which has consolidated open space areas, clustered housing and flexible land development regulations. While the City Council has approved numerous Zero Lot Line development plans, the approved, Land Development Regulations do not have setback provisions for zero lot line homes. Approval of Zero Lot Line development plans have been facilitated through the site plan approval process allowed as part of the Planned Community Development District site plan waiver approval process. We have used previous approvals as well as standards which have been established by other jurisdictions as a guide in the design of these parcels. In that a Planned Community District does not have specific land development regulations, we have been asked to select an appropriate "underlying" zoning district for the purposes of comparing the proposed development plan with standard zoning district land development regulations. The purpose of the comparison is to identify any deviations that may be proposed from the standard land development regulations. Parcel A is designated on the Master Plan as "Medium" which allow a maximum density of 9 du’s/ac. The proposed development of this Parcel is for single family zero lot line home lots at a density of 3:9 du’s/ac. We have selected the RL-3 Residential Low Density District as the most appropriate zoning district for comparison purposes. We believe that the design of this project is consistent with previously approved projects in the City, is consistent with the intent and purpose of the Planned Community District regulations, and is consistent with comparable development standards within other communities. For these reasons we feel the requested waivers should be approved and respectfully request your support. The proposed developments are requesting the following waivers from the Land Development Regulations: SIDE BUILDING SETBACK - ZERO SIDE The applicant would like to request a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater. The minimum width of lots within Parcel A are 65 feet. Under standard zoning regulations the side setback requirement would be 7.5 feet on each side of the lot. The proposed plan of development for this parcel is to allow Zero Lot Line homes. The proposed Zero Lot. Line homes will maintain a minimum setback of 10 feet from the "non-zero" side of the lot and a zero setback on the "zero" side of the lot. This waiver request would allow a 7.5’ reduction in the side setback to allow a 0’ setback. The design of these lots provides for a minimum 10 foot separation between units, which meets the 10ofoot standard established by the Fire Department and is consistent with previous waiver approvals. The 10’ separation provides for sufficient area for landscaping and the provision of light and air circulation. C:\WlNDOWSkDesktopkMy Briefcase\Gol fDigestkParcels ABCkApplicationA. 110100.wpd LCC35 169 Project Narrative - Mirasol Parcel A November 1, 2000 Page 9 SIDE FACING STREET This application is requesting a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Side Facing Street Setback, which requires a 20’ setback. The applicant is proposing a side facing street setback of 15’ for 8 lots. All lots which fall into this category have been increased in width from the standard lot widths to allow for enhanced landscaping adjacent to the unit. SIDE AND REAR POOL/SPA/SCREEN SETBACK The applicant would like to request a waiver from Section 70- RL-3 Residential Low Density District, subsection (e), Table II, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater and rear setback which requires a 10 foot setback. The required setbacks for pools, spas, and screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that pools, spas and screens be allowed to be constructed 0 feet from the "Zero" side lot line (7.5’ waiver), pools and spas to be allowed to be constructed feet from the "non-zero" side lot line (2.5’ waiver), and screens to be allowed to be constructed 5 feet from the "non-zero" side lot line (2.5’ waiver). The applicant is also requesting that pools/spas and screens allowed to be constructed 3 feet from the rear lot line (7’ waiver). With only a few exceptions, all lots have rear frontage on some form of open space rather than another lot which eliminates the impact that a reduced setback may have in a more standard subdivision. The developer will also be providing landscape screening for the rear areas of the units adjacent to open space or lakes. LOT COVERAGE The applicant is requesting a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Maximum Lot Coverage,. which allows a maximum lot coverage of 35%. This applicant is requesting approval for 50% lot coverage. The proposed 50% maximum lot coverage is consistent with the lot coverage standards for other high-end single family zero lot line residential projects. For example, many of the recent approvals for individual zero lot line parcels within the Golf Digest PCD have a lot coverage of 50%. BallenIsles PCD has lot coverage standards of 45 to 60%. Approval of comparable parcels in PGA National have also allowed lot coverages from 46% to 67%. With the provision of additional landscaping on the lot as well as the open space and landscaping surrounding the lots, the effect of increased lot coverage is minimized. OFF-SITE SIGNAGE The applicant is requesting a waiver from Section 135(b) of the Land Development Regulations, to allow the ground signs for the proposed community to be placed within the Jog Road Parkway. The code currently requires that a ground sign be placed on the property which it is identifying. Although the placement of the ground signs are atthe entrance of the project, and visually appear to be part of the property, they have been determined to be off-site signs because they extend into the "Parkway Tract" C:\WINDOWS\Desktop’uMy Briefcase\Gol fDigestWarcels ABC~pplicationA. 110100.wpd LCC35 170 Project Narrative - Mirasol Parcel A November 1, 2000 Page 10 and are located in the common area open space adjacent to the entrance collector roadway. The code allows/requires that ground signs be placed a minimum of 15 feet from the right-of-way line. It is the desire of the applicant that the project sign be as visible as possible from the roadway for safety as well as marketing reasons. The proposed signs will be placed a minimum of 15 feet from the right-of- way of the collector road and approximately 30 feet from the Jog Road right-of-way. SIDEWALK The applicant is requesting a waiver from Section 256 Sidewalks Division IX Subdivisions, Property Development Regulations - Minimum requirements, which requires five fooi concrete sidewalks on both sides of the street. Sidewalks have been provided on one side of each street, including cul-de-sacs, which provide access to less than 15 lots and which are not required to have sidewalks at all. Convenient sidewalk connections have been provided throughout the entire development to allow for access from Parcel to Parcel as well as to the recreation area and the Parkway pathway system. A chart of these proposed waivers is being prepared and will be submitted for your use. C:\WINDOWSLDeskIophVIy Briefease\GolfDigestkParcels ABC~ApplicationA. 110100.wpd LCC35 171 OFFICE COPY DO NOT REMOVE "" " rSite-- 1000 C~int Moore Road, #110 = Golf Digest PCD ,,as,o ...~.a,o.,~7 I (561) 997-5"/60 I .~Rnrl~r~ PlRnrtJn(] ~rt3ul~. o.a. ~)4~5 E. Commercial Blvd.. #407 Ft. Lauderdale. FL 33308 (954} 491-8890 I Ddv~way Driveway Lot Line (typ.) 5’ Sidewalk PARCEL PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED ~ROPOSED ~o~o~o ’~77 o o 10630 NORTHWEST 27TH STREET III ~ I I I I I I MIAMI. FLORIDA 3317:2 TELEPHONE: (305) 593--g79~5 FAX: (30S) 593--0096 CORP. LICENSE 0OO2’~89 o $O~’OLONGO;| 10630 NORTHWEST 27TH ~TREE3" PAI~(:::::E L ’A° MII~ABELLA ,AT MIP-.A,9,0L KENCO COI"IPlUNITIE5 PALr’I P,E,ACI.-I ~,~FP.~ENS. FL. 10630 NORTHWI~ST 27TH STREET MIAMI. FLORIDA 33172 TELEPHONE: (305) 593--gTgEI FAX: (305) -%93--0096 CORP: LICENSE~ O0024EI9 SOlOLONGO:| II " \ ’ I, I I :L_L........................ Z ....ZZZZZZZ:Z I.~ 14 II ~ I K~,,l~o cor-ll-lUNIllE0 o $010LONGO~. 10630 NORTHWEST 27TH STREET TELEPHONE: (305) 593--9798 FAX: (305) 593--0Og6 10630 NORTHWEST 27TH STRE~ MIA~41o FLORIDA 33t72 TELEPHONE: (305) 593--9798 FAX: (305) 593--0096 CORP. LICENSE 0002489 II l I A~ i I I I I o SO|OLONGO~ 10630 NORTHWEST 27TH STREET MIAI~I, FLORIDA 33172 TELEPHONE: (30~) ~93--979~ FAX: (305) 593--0096 CORP. LICENSE 0002489 it x I \ \ \ \/ // \\ /\/\/ 0 0 10630 NORTHWEST 27TH STREET PAI~CEL I"IIP-,ABELLA A,T I’~ENG~ C~’I~IUNITIE,,~ P~.LP1 BE.~GI.-I ~=.~I~:)ENS. FL. TELEPHONE:. (305) .5,93-9798 -’1 DININ~ I1’-~"xl4’-6 " LIVING 14’-~"~1~’o~" KITCIqEN 12’-~-xl5,-6,, FOTEF~ C_<OvE RE [:) PATIO ~’-4"x24’-~" up r 14’-6"x22’-4" SITTING MIP-.~,ESE LL,~ ~,KENCO C:OMMUNITT AI~EA CALCULATIONS 1ST FLOOt~ 2ND FLOOF~1~)25 ~UEST I-IOU~E 2-12 TOTAL LI’V. COV. ENTITY ENT~T rdI~ABELLA ~,KENC:O C::OI"li"lUNITT ii If If II It IIII II II I I I II II LOFT I1’- 8,"xl3,’- 2" II II IIII JI ...... 1 1 II III/ II CITY OF PALM BEACH GARDENS CiTY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 SUBJECT/AGENDA ITEM Consideration of Approval: Resolution 76, 2001, a request for site plan approval of 159 single-family zero lot line dwelling units in Parcel B of the Mirabella subdivision of the =Mirasol" Planned Community Development (formerly known as ~’Golf Digest"). RECOMMENDATION Staff recommends approval of Resolution 76, 2001, which contains conditions of approval. Reviewed by: City Attorney, Finance NA ACM Human Res. NA Other NA Sgl~r~itted by: . Growth Management Director City Manager Originating Dept.: Growth Management Advertised: Date: Paper: [X] Not Required Affected parties _.[.__~otified [X] Not required Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Resolution 76, 2001 ¯ Site Plan ¯ Landscape Plan ¯ Planting Plan ¯ Typical Unit Planting ¯ Waiver Matrix ¯ Comparison Matrix ¯ Elevations [ ] None 199 City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 REQUEST Anne Booth of Urban Design Studio, agent for Kenco Communities, is requesting site plan approval for 159 single-family zero lot line dwelling units in Parcel B of the Mirabella subdivision of the "Mirasol" Planned Community Development (formerly known as "Golf Digest") with a proposed density of 5.24 units per acre. The 30.34-acre site is bounded by Hood Road to the north, Parcel A to the west, Jog Road to the south and Parcel C to the east. (41-34S-42E) BACKGROUND On May 18, 2000 the City Council approved Ordinance 8, 2000, which approved the Master Plan of the Golf Digest Planned Community District (PCD), which is now known the Mirasol PCD. LAND USE & ZONING The subject site is zoned Residential Low - 3 (RL-3) with a Planned Community District (PCD) overlay and has a future land-use designation of Residential Low (RL). The site also designated as "Medium" on the approved Mirasol Master Plan, which permits the parcel to be developed to a maximum density of nine (9) dwelling units/acre. CONCURRENCY Concurrency for this site was established prior to the approval of the Mirasol PCD; therefore, this site is vested in terms of concurrency. PROJECT DETAILS Building Site The proposed plan of development is for 159 single family zero lot line lots on 30.34 acres at a density of 5.24 dwelling units/acre (per the approved master plan, 9 dwelling units/acre are permitted). The proposed lot dimensions are a minimum of 50’ X 115’. The site is surrounded on the north by Parcels A and C, on the south by Jog Road and the Seacoast Utility Authority Treatment Facility, on the east by the school and park sites, and on the west by Parcel A. The Mirasol Architectural Review Committee has reviewed and approved the proposed plans for development (see attachment). Recreation The recreation area and gatehouse locations have been shown. The applicant intends to submit the appropriate plans of the recreation area and gatehouse for review and approval 2 Clty Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petltlon SP-00-24 at a later date. The subject parcel has access to numerous community serving-public recreation areas. The City’s 15-acre public/community park will be located adjacent to the parcel. This park will include ball fields, basketball courts, volleyball courts, picnic areas, and a tot lot. A 6.3- acre passive open space linear park is also located just to the south of the public park. There are over 6½ miles of parkways and over 10 miles of sidewalks/pathways along Jog Road, PGA Boulevard, and Hood Road available to the residents that have been designed and located to be part of the community serving open space within the PCD. These public facilities provide for the integration of community activities and the interaction of the residents by directing the gathering of residents in common community facilities rather than segregating and internalizing individual recreation areas within each parcel. Site Access & Circulation Roadway access to the site, via Jog Road, will be completed simultaneously with the parcel construction. In accordance with condition #63 of Ordinance 8, 2000, a stabilized road base will be completed pdor to the start of parcel construction. The site will have a single access point off of the collector roadway that connects the community to Jog Road. Vehicular circulation to the community will be restricted by an internal access gate on the collector roadway. Pedestrian access throughout the community has been provided through a system of sidewalks that connect to the recreation area as well as the community pathway/sidewalk system that is part of the Parkway. Phasinq Development of this parcel will be done in a single phase. Architectural Style & Special Features The architecture style and colors proposed for this site are consistent with the Mizner style that has been established by the Master Developer. All residential structures are limited to 2-stories in height (36 feet). Single-story and two-story Proto-Typical units have been submitted for approval. Design Guidelines (see attachment) for:use with the Proto-Typical units have also been established by the applicant. Attached is a chart that identifies the proposed color options of the units. House wall color selections include light tans, beige and earth tones with complimentary trim colors. Samples of the colors and materials will be presented at the meeting. All units will include tile roofs, raised stucco trim, and architectural detailing to articulate the design of the home. Most homes will include scored stucco quoins and special window and door treatments. 3 201 City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 Li~htin~ Decorative fixtures to match the lighting within the other single family residential communities will be provided throughout the development. Locations of light poles have been indicated on the site plan and landscape plan. A lighting detail has been included on the site plans. Street lights will be field located to avoid conflicts with street trees and utilities. Landscaping The Hood Road Parkway Landscape Buffers have been designed to incorporate the entire 55-foot buffer, and are currently being completed for submission in accordance with the conditions of the PCD. The planting concept within the site maintains the native theme that is present throughout the overall PCD. Planting includes shade trees such as Live Oaks, Pines, Flowering trees, Palms, native shrubs and groundcovers. Maintenance of all landscaping within the site will be by the Home Owners Association for the site. The PCD and Parkway buffers will be maintained by the Master Property Owners Association. Also included in this application is typical unit planting plans. The Jog Road Parkway Landscape Buffer has been approved by Council. Parking Parking will be provided through garage and driveway spaces at one space per bedroom. Siqnacle The location of the entrance sign has been noted on both the site plan and the landscape plan. The applicant has moved both ground signs out of the Parkway buffer, as requested by staff and the Planning and Zoning Commission. The previously requested waiver to allow both signs within the Parkway buffer is withdrawn. Drainage The lakes that are centrally located within and adjacent to Parcel B are part of the master surface water management system for the PCD. Drainage outfail from this site will be accomplished by drainage into inlets and culverts, outfalling into internal as well as adjacent lakes. 4 202 City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petltlon SP-00-24 Waiver Requests The applicant has requested the following waivers from code requirements; the applicant’s justification for these waivers is attached: Code Section Required Provided Waiver Staff Recommendation Section 75 - Minimum lot width Minimum of 15 feet Support feet Section 75 - Rear Setback 10 feet 7 feet Support Section 75 - Side Setback 7.5 feet 7.5 feet Support Section 75 - Side Facing Street 20 feet 5 feet Support Section 75 - Minimum site area 6,500 feet 1,780 sf Support Section 256 - Sidewalks 5 foot sidewalks Deny* Section 217- (c) Platting required on both sides of the street No building permits issued until plat recorded. Section 75 - Maximum lot coverage Maximum lot coverage permitted = 35% 65 50 feet 3 feet (screen enclosure) 0 feet (zero side) 15 feet 5,750 sf 5 foot sidewalk on side of street Dry model building permits prior to b.p. 50% lot coverage ORe sidewalk Prior to b.p. 15% Support with conditions of approval Support * Section 256 - Sidewalks The applicant is requesting to waive the requirement of Section 256, which requires that a five-foot concrete sidewalk be installed on both sides of a street within subdivision. The waiver is requested to provide one sidewalk on one side of Loop Road only. The applicant has justified the waiver on the basis that the sidewalk would create conflicts with the landscaping and utility easements, given the amount of space available within the right-of-way. However, the applicant is providing sidewalks on cul-de-sacs that provide access to less than 15 lots, which the applicant is not required to provide by the Code. Staff considers the justification as inadequate and does not support this waiver for the following reasons. First, providing sidewalks on small cul-de-sacs should not be a substitute for the sidewalk on Loop Road because the road provides access to neady all of the lots in Parcel A. Second, streets with sidewalks on both sides of the street are aesthetically pleasing as opposed to streets without. Third, residents tend to use the area of the right-of-way for the sidewalks for on-street and parallel parking, which is not allowed 203 City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 by the Code. Fourth, streets without sidewalks do not provide safe paths or areas for pedestrians or children to play, respectively. Finally, Section 92 of the Code specifies that waivers within PCDs are granted in order to encourage applicants to propose projects that are "innovative, creative, and utilize planning, design, and architectural concepts that will be of benefits to the City." Eliminating a sidewalk in order to accommodate and maintain the proposed density of the project does not qualify as innovative or creative. Approving a waiver for the elimination of a sidewalk without the applicant providing the code required innovative site designs would set an undesirable precedent, making it difficult to deny other applicants this waiver in the future. The Mirasol PCD provides for or exceeds the minimum standards required for open space and has low density, given its size. However, these standards are not related to the issue of providing or waiving sidewalks. Providing a sidewalk on both sides of a street, is simply a minimum standard with which compliance should be sought. The sidewalk should be provided because it is aesthetically pleasing, prevents on-street and parallel parking, provides safety for children and pedestrians, and the street on which the sidewalk is to be provided is the main road within the development and provides access to nearly all of the lots. Staff recommends denial of the requested waiver; however, Staff would support a waiver to allow for 4-foot sidewalks on both sides of the street, as recommended by the Planning and Zoning Commission. The resolution for this petition does not include this waiver. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Planninq & Zoninq Division The Planning and Zoning Staff does not support one (1) of the eight (8) requested waivers. Prior to the issuance of the first building permit, the applicant shall submit to the City a street address system depicting street names and residential numbers for emergency response purposes; the address system shall be submitted in an 8½" X 11" map format. Numerical addresses shall be illuminated and have bi-directional visibility from the roadway. City Forester Mark Hendrickson has raised several issues regarding this petition in a memorandum dated February 13, 2001. Police Department The Police Department had several conditions for the proposed project. These conditions are listed in an inter-office memorandum from Lieutenant Jay Spencer and Officer E. Lovejoy, dated December 27, 2000. 6 204 City Council Meeting Date: May t7, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 City Engineering City Engineer Sean Donahue voiced many concerns and conditions regarding this petition in a memorandum dated January 31,2001. Northem Palm Beach County Improvement District Tracy Robb of Northern Palm Beach County Improvement District has stated that the proposed site is located within Unit of Development #43, and therefore, the applicant will be required to obtain a Northern Standard Permit. To date, no objections have been received from the following departments and agencies: Building Division, Fire Department, Public Works Department, Parks & Recreation Department, City Legal, Seacoast Utility Authority, South Florida Water Management District, Palm Beach County School District, Waste Management, and Florida Power & Light. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop at their February 27, 2001 meeting, and as a recommendation to City Council at their March 27, 2001 meeting. The Commission voted 6 - 1 to recommend approval of this petition with some modifications. These modifications are reflected in the conditions of approval. STAFF RECOMMENDATION Staff recommends approval of Petition SP-00-24 with conditions, and recommends approval of seven waivers and denial of one waiver as requested by the applicant, as provided in the attached Resolution 76, 2001. g/john: sp0024.cc 7 City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 Subject Property Mirasol Parcel B North Mirasol Parcels A & C South Seacoast Utility Facility East School/Park West Parcel A Residential Low - 3 (RL-3) w/Planned Community District (PCD) Overlay Residential Low - 3 (RL-3) w/Planned Community District (PCD) Overlay Public/Institutional (P/I) Residential Low - 3 (RL-3) w/Planned Community District (PCD) Overlay Residential Low - 3 (RL-3) w/Planned Community District (PCD) Overlay Residential Low (RL) Residential Low (RL) Public (P) Residential Low (RL) Residential Low (RL) 8 206 City Council Meeting Date: May 17, 2001 Date Prepared: Aprll 26, 2001 Petitlon SP-00-24 Maximum Density for: RL-3 = 5 du/acre RM = 9 du/acre Minimum Building Site Area for RL-3 & RM: 6,500 sqft Minimum Site Width for: RL-3 = 65 feet RM = 90 feet Maximum Building Lot Coverage for RL-3 & RM: 35% Maximum Building Height for RL-3 & RM: 36 feet Front Setback for: Front loaded = 20 feet Side loaded = 10 feet Side Setback for: RL-3 = 7.5 feet RM = 10 feet Side Setback Facing a Street for: RL-3 & RM = 20 feet Rear Setback for: RL-3 = 10 feet RM = 20 feet Minimum Building Separations Required Parking: One space per bedroom Minimum Landscaping Points: 15,645 Sidewalks on both sides of streets 5.24 Dwelling Units per Acre 5’750 sqft 30.42 feet 50% 36 feet Front = 20 feet Side = 15 feet 0 feet 15 feet 3 feet 10 feet (6 feet with mechanical equipment) One space per bedroom 20,667 points Sidewalks on one side of street Yes (with PCD Master Plan designation of RM) No (waiver) No (waiver) No (waiver) Yes Yes No (waiver) No (waiver) No (waiver) N/A Yes Yes No (waiver) 9 o o City Council Meeting Date: May 17, 2001 Date Prepared: Aprl126, 2001 Petltlon SP-00-24 Unifying architectural treatments shall include: ¯ Concrete Block construction with textured or sand stucco finish ¯ S-tile or flat tile concrete roofs ¯ Minimum 2-cargar:ages ¯ Multi-pane front elevation windows ¯ Roof styles shaft be gable, hip, or Boston hip. ¯ Paneled garage doors ¯ Band treatments at windows and doors on the sides of homes visible to the street Building heights are not to exceed 36 feet. Decorative pavement shaft be used on driveways and entry walks Minimum quantities of plant materials required for each lot are: ¯ 3 canopy trees or large palms (trees planted @ 12 feet o.a. height and palms species will provide a spread of 15 feet @ maturity, one tree to be planted within 15 feet of the road right-of-way) ¯ 4 small trees~accent plants ¯ 200 shrubs and groundcover plants Note: The number of plants listed are minimum numbers only. Shrubs are planted @ 3 gaL minimum, groundcovers are planted at I gaL minimum. No two (2) homes located side by side shaft have the same combination of exterior wall, trim color, and roof tile color. All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shaft also return a minimum of 2 feet along side elevations. No two (2) homes located side by side shaft have the same front elevation. Building lot coverage shaft be limited to a maximum of 50%. Color selections for roof tile, pavers, exterior paint are as follows, and in accordance with the attached chart: ¯ Roof Tiles - Pioneer Hacienda Type (EL-l, Kiwi, Nutmeg, Tuscany, Carlsbad, Newport Orange & Gold) ¯ Pavers/Drives/Walkways - Paver Module (E- 16, E- 16/E- 11 mix, E-8/E-2 mix, E- 58/E-24 mix, P-2/E-8/P-7 mix) ¯ Exterior Wall Color- Benjamin Moore (light earth tones - #1033, #241, #988) Sherwin Williams - (light earth tones - #2200, #2060) ¯ Exterior Trim Color- Benjamin Moore (#926, #239, #1018) Sherwin Williams- (#2450, #2044) 10 April 26, 2001 RESOLUTION 76, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCEL B" WITH A TOTAL OF 159 ZERO LOT LINE SINGLE- FAMILY HOME LOTS WITHIN THE MIRASOL PCD, LOCATED ALONG PGA BOULEVARD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent, for approval of a site plan for 159 zero lot line lots, located within the Mirasol PCD along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks eight waivers as part of site plan approval; and WHEREAS, the subject parcel is currently zoned Planned Community Distdct (PCD) with an underlying zoning of Residential Low (RL) and a future land Use designation Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent .with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on March 27, 2001, the Planning and Zoning Commission recommended approval of the site plan for Parcel B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for 159 zero lot line lots, located within the Mirasol PCD along PGA Blvd., more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: 1.The building and construction of any residential unit within Parcel B shall conform to the design guidelines established by the petitioner for the subject parcel, in accordance City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 with the recommendation of the Planning and Zoning Commission of the City of Palm Beach Gardens (Planning). 2.The Jog Road Parkway landscaping adjacent to Parcel B shall be completed pdor to the issuance of the first Certificate of Occupancy (City Forester). 3.Prior to construction plan approval, the applicant shall show the drainage easement locations and width on all construction plans (Engineering). Prior to construction plan approval, the applicant shall show pavement striping/chevrons in advance of the median islands, to promote traffic to keep right in lieu of directional traffic signs (Engineering). Prior to the first certificate of occupancy, the Parcel B road construction phasing plans shall be approved by the City Engineer. The first phase of the roadway shall be completed and accepted by the City Engineer pdor to the issuance of the first certificate of occupancy (Engineering). 6.Prior to the first certificate of occupancy, Mirabella Drive construction shall be completed and accepted by the City (Engineering). Prior to the first certificate of occupancy, the supporting master surface water management system and positive legal ouffall construction shall be completed and accepted by the City (Engineering). o Prior to the 200~ certificate of occupancy for Parcels A, B and C combined, the Recreation Center construction shall be completed and accepted by the City and a certificate of occupancy issued (Engineering). 9.Prior to the first certificate of occupancy, the applicant shall record the plat (Engineering). 10.A maximum of four (4) Dry model permits may be issued prior to recording the plat subject to staff review and approval (Engineering and Planning & Zoning). 11.Prior to the issuance of the building permit for the parking areas and temporary information trailers adjacent to the four (4) models, the applicant shall provide construction plans for review and approval. The construction plans shall meet all applicable Land Development Regulations including but not limited to those pertaining to parking, paving, drainage, landscaping, irrigation, and lighting (City Engineer). 2 210 City Council Meeting Date: May 17, 2001 Date Prepared: Apdl 26, 2001 Petition SP-00-24 12.Prior to the issuance of the certificate of completion for the parking areas and temporary trailers adjacent to the four (4) models, those portions of the Parcel B spine road, Jog Road, and Mirabella Drive that provide access to the models shall be completed and accepted by the City (City Engineer). 13.The applicant shall post a letter of credit prior to the issuance of a building permit for the models in the amount of $50,000 per model for the purposes of demolition and lien protection ($10,000 for Demolition and $40,000 for lien protection) to remain in effect until the plat is recorded (City Engineer). 14.The issuance of permits for construction of four (4) models prior to platting shall limited to the model lots as shown on the site plan (City Engineer). 15.No individual lots shall be allowed to transfer title until the plat has been recorded (City Engineer). 16.No access by the general public shall be allowed on the temporary construction road. (City Engineer). 17.No access by the general public will be allowed to a model home until the final certificate of occupancy is issued (City Engineer). 18.The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following seven (7) waivers with this approval: 1.A waiver from Section 75 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 50% lot coverage. The waiver is approved for an additional 15% lot coverage. 2.A waiver from Section 75 of the City Code, which requires a minimum side interior setback of 7.5 feet. The applicant proposes a zero and a ten-foot setbacks for Parcel A (zero lot line). The waiver is approved for 7.5-foot. 3.A waiver from Section 75 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a setback of 15 feet. The waiver is approved for five feet. 3 211 City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 A waiver from Section 75 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes to place accessory structures and pools/screens three feet away from the property line in the rear. The waiver is approved for seven feet. 5.A waiver from Section 75 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 50 feet. The waiver is approved for 15 feet. A waiver from Section 75 of the City Code, which requires a minimum site/lot area of 6,500 square feet. The applicant proposes a site area of.5,750 square feet. The waiver is approved for 750 square feet. A waiver from Section 217(c) to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined above. Section 4. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows (dates represent the date the plans were received and stamped in): 1.Pamels A, B, & C Master Site Plan by Sanders Planning Group, p.a., sheet MSP-1, dated March 14, 2001. 2.Site Plan by Sanders Planning Group, p.a., Sheet SP-1, dated January 26, 2001. 3.Site Plan by Sanders Planning Group, p.a., Sheet SP-2, dated January 26, 2001. 4.Specific Purpose Survey by Atlantic-Caribbean Mapping, Inc., dated October 19, 2000. 5.Mirabella Drive-Entry Planting Plan by Sanders Planning Group, p.a., Sheet P-l, dated November 2, 2000. 6.Preliminary Planting Plan - Typical Units by Sanders Planning Group, p.a., Sheet P-l, dated January 26, 2001. 7.Mirabella Drive & Via Condado/Parcel B Entry by Sanders Planning Group, p.a., Sheet P-3, dated January 26, 2001. 8.Typical Cul-de-sacs by Sanders Planning Group, p.a., Sheet P-8, dated January 26, 2001. 9.Design Guidelines, Parcel B, dated April 26, 2001. 10.Conceptual Stormwater Management Plan by Sanders Planning Group, p.a., Sheet DR- 4, dated January 26, 2001. 11 .Conceptual Stormwater Management Plan by Sanders Planning Group, p.a., Sheet DR- 5, dated January 26, 2001. 12.Conceptual Sanitary Sewer Plan by Sanders Planning Group, p.a., Sheet SS-4, dated October 19, 2000. 13.Conceptual Sanitary Sewer Plan by Sanders Planning Group, p.a., Sheet SS-5, dated October 19, 2000. 4 212 City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 14.Conceptual Water Distribution Plan by Sanders Planning Group, p.a., Sheet WD-4, dated October 19, 2000.. 15.Conceptual Water Distribution Plan by Sanders Planning Group, p.a., Sheet WD-5, dated October 19, 2000. 16.Model A Floor Plan, Roof Plan, and Elevations by Sotolongo Architects, Sheets A-l, RFP, A-3, and A-4, dated October 19,2000. 17.Model C Floor plans, Roof Plan, and Elevations by Sotolongo Architects, Sheets A-l, A-2, RFP, A-4, and A-5, dated October 19, 2000. Section 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. Section 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE 17 ~ DAY OF MAY 2001. JOSEPH RUSSO, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Carol Gold, MMC, City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK g~ohn: sp0024.re CITY ATTORNEY AYE NAY ABSENT 5 213 EXIHIBIT "A" 6 City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Petition SP-00-24 214 Od.obec 18, 2(XK) Mrs. Am~ Booth Urban Design Stadio 2000 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, FL 33409 RE: Parcels A, 13, ~nd C The Mirasol Property Ownexs AsSociation t’Axchitecturai Review CommRteW’ (ARC) has rcviewed and given conceptual approval to the plans prepared for th~ purpo~aq of Site Plan and Appearanc~ Rcvicw approval for Parcels A~ B, and C. ~i~e Plans prepared by Saadecs Planning Group Common Area Landscape ]Plans prepared by Sandezs Planning Group Typical Unit Prellm|nm’y Planting Plans, prepared by Sanders Planning Group Architectural fl~r plans~ dewaflons aM roof plans~ prepared by So~olongo Architects CoacepI~ial StorrnWator Manage~nt Pla~, prepared by Caufleld and.Wheel~ Conceptual Wate~ Distribution Plo.ns, prdpated by Caufleld and Whedc/ " " If you have any questions or need additi0nal.information, ~lease Contact my office at 622-1730. THE SHORES CLUB THE SHORES AT ¯ BOCA ¯ RAT 0 N .| 217, Inspired by Mizner, ~,~ Shores Club is truly the impressive centerpiece of the Shores lifestyle. Comfortable, active, and offering a complete array of social, recreational and sporting amenities for all Shores residents. This 7,000 square foot Clubhouse has been designed to meet and perhaps exceed file expectations of its members, the residents of The Shores at Boca Raton. Whether you’re interested in fitness, a game of billiards, or a social evening with friends, The Shores Club offers the. ultimate in comfort, convenience and pure pleasure. The Shores qolUO, was planned with America’s love affair with fitness and sports in mind. Residents have fun staying fit in the fully equipped fitness center with state-of-the-art workout equipment, stair machines and free weights. Nearby, men’s and women’s locker rooms and steam rooms are conveniently located. Residents spend sunny days and balmy nights around the oversize pogl and sundeck areas at The Shores Club. The Shores Club also offers four championship tennis courts open for day and evening play. This is the family Hfestyle you want, and its yours in Boca’s most beautiful private, gated community. !i Artist Conception 220 A Kenco Community "We Build Our Values Around Yours." 11015.Yamato Road, Boca Raton, Florida (407) 852-9699 KENCO COMMUNITIES, INC. PHONE: (561) 997-5760 FAX: (561) 997-2951 MIRASOL PARCELS A,B,C (162 acres, 492 homes) October 13, 2000 RECREATION CENTER PROGRAM (Note: recreation site is.approximately 3.58 acres) Program to include the following: A.Community building not less than 6,250 A/C sq.fi. Community swimming pool approximate dimensions 20ft. wide by 60ft. long, with whirlpool spa adjacent. C.- Four hard surface tennis courts (two lit for night play). Associated site work to include: parking lot, landscaping, walkways, pool deck, and the like. E.Community Building to "include the following: 5. 6. 7. 8. Main entertainment great room lounge for parties, meetings, and the like; furnished with big screen television, sofas, chairs, and card tables. Adjacent warming kitchen with microwave oven and refrigerator only (non-vented). Fitness room to include: exercise equipment, both cardiovascular and weight training. Separate children’s playroom for toys and children’s parties. Secondary smaller card/meeting room for use by residents. Onsite manager/activities coordinator office. Bathrooms/Locker rooms support facility. Covered exterior patios adjacent to swimming pool for outside entertaining. Outside playground area adjacent to children’s playroom with equipment. Kenco Communities has built a similar facility at a recently completed Shores at Boca Raton, Yamato Rd., one mile west of State Rd. 7, (brochure enclosed as a conceptual reference). 223 WAB"gRS Deviations from the standard Land Development Regulations have been f~cilitated through the site plan approval process allowed as part of the Planaed Community Ocvelopmeni District site plan approval process. The code allows and encourages ingenuity, flexibility and imagi.aation in the design of development parcels within a Planned C, ommunity Distri~ The consolidOion of open space within the PCD creates the need for flexibility in the application of setbacks and oth~" standard Land Development Regulations within the development parcels, In that the Planned Community District regulations were created with this concept in mind, specific land development regulations ~/ere not included in the PCD- Planned Community District regulations at its inception. While the City C~o. until has approv~ numerous Zero Lot Line development plans, the Land I~,,-velopmcnt geguladoas do bet have provisions for zero lot line home 10ts. The proposed plans arc, howcver,.consisteat with the Lanai Pevelopment Regulations of Palm Beach County for Zero Lot Line deyelopment. The proposed develqpment plans for Parcel B are also consistent with other previously approved Zero Lot Line dcvelopm¢~, plans within the City as well as the intent of’the Planned Development District regulations. The Code requires 20% (461 acres) of the PCD to b¢ pR~a-vcd as Commqnity Serving Open Space. The Golf Digest PCD provides for over 65% (1505 acre) of the PCD in Com~aunity Serving Open Space. The gross dcasity of the Golf Digcs! PCD is .93 du’s/ac, in comparison, PGA National, has 46% open space with a gross density of 2.24 du’s/ac and Ballenlslcs has 52% open s~acc with a gnass densiW of 1.8 du’s/a¢. ; ! The majority ofthe lots within this application abut open space in the fern), of water or extensive landscapexl buffers. Water and landscaped frontag~ provides for a feeling ~fopen space around the units. In accordance with the PCD sections of the co~e, at the discretion of theQouneil, adjacent open space can lm eredit~l towards the open space requirements of the parcel. While thc~e parcels meet their requircxl open space requir~nents, the perception of the a~accn! open apao¢ for bo~h the home owner and the public is enhanced by designing the lots to bc adjacent to landsc, ap~ are~. or water. Careful attention has been given !o the design of’the parcels m provide this amcniW. Due to tic nature of a Zero Lot Line product, the lot size a~ r, etbacks ¢,’e ~jpically smaller than a standard subdivided loL This type of product is most often seen within a larger planned community 224 which has consolidated open space areas, clustered housing and flexible I~md development regulations. While the City Council has approved numerous Zero Lot Line developmep, t plans, the approved, Land D~velopment Regulations do not have setback provisions for zero lot line hom~. Approval of Zero Lot Line development plans have be~n facilitated through tbe site plan approval process allowed as part of th~ Planned Community Development District site plan waiver approval pro~ss. We have used previous approvals as well as standards which have been established by other jurisc~ictions as a guide in the design of these parcels. In that a Plashed Community District does not have specific land develop~nent regulations, we have been asked to select an appropriate "underlying" zoning district for the purpose~ of comparing the proposed development plan with standard zoning district land development regulat~on, s. The purpose of the comparison is to identify any deviations that may be proposed from the stqndard land development regulations. Parcel B is de~ignated on the Master Plan as "Medium" whic~ allow a maximum density of 9 du’~/ac. The proposed development of this Parcel~ is for single family ~ro lot line home lots at a dermity of 5.24 du’s/ac. We have selected the RL-3 Residential Low DenSity District as the most appropriate zoning district for comparison purposes. We believe that the desigu of these projects are consistent with previouslylapproved projects in the City, are condO, hi with the intent and purpose of the Planned Community Dis~ct regulations, and are consistent with comparable development standards within other communities. For these reasons we feel the requesed waivers should be approved and respectfully request your st~npor~. The proposed developments are requesting the following waivers from th~ Land Developmenl .Regulations: SIDE BUILDING SETBACK - ZERO SIDE The applicant would like to request a waiver from Section 70- RL-3 Resi@ndal .Low Density District, subsection (c), Table II, Property Development Regulations - Side Sctbacl~ which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater. The minimum width of lots within Parcel B is 50 feel U~1¢¢ standm~d zoning regulations the side setback requirement w~uld be 7.5 feet on each side of lee lot. The proposed plan of development for this parcel is to allow Zero]Lot Line homes. The proposed Zero Lot Line homes will maintain a minimum setback of ! 0 feet from th~ "~on-z~o" side of the lot and a zero setback on du~ "zero" side of lEe lot. This waiver request would allow a 7.5’ reduction in lee side sed~ck to allow a 0’ setback. The design ofthese lou provides for a miz~, um 10 foot sept’orion between units, which meets the I 0-foo~ standard established by the Fire Departmer¢. and previous approvals. The 10’ separation provides for sufficient area for landscaping and the provisic~ of light and air circulation. SIDE FACING STREET This application is requesting a waiver from Section 70- RL-3 Residential.Low I~nsi~j DisPel, subsection (c), Table I!, Property Devdopmcnt Regulations - Side Facing Street Setback, which requires a 20’ setback. The applicant is proposing a side facing street setback of 15~. for 4 lots. All lots which fall into this catcgoPd have been inc-~’ca~ in width from ~he standard lot widd~s to allow for enhanced 225 landscaping a~jacent to the unit. SIDE AND REAR POOL/SPA/SCREEN SETBACK The applicant would like to request a waiver from Section 70- RL-3 Resid~enlial I.ow Density District, subsection (c), Table 11, Property Development Regulations.- Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater and rear setback ~vhich requires a 10 foot setback. The required setbacks for pools, spas, and screen enclosures is tSe same as for the primary structure on the lot. The applicant is proposing that pools, spas and screens be allowed to be constructed 0 feet from the "’Zero" side lot line (7.5’ waiver), pools and spas to be allo~,ed to be constructed 5 feet from the "non-zero" side lot line (2.5’ waiver), and screens Io be allowed t~ he constructed 5 feet from the "non-zero" side lot line (2.5’ waiver). The applicant is also requesting thaI I~ol~spas and screens be allowed to be constructed 3 feet from the rear lot line (7° waiver) on lots w~ich abut common open space areas or lakes. With only a few exceptions, all lots have rear frontage on tome form of open space rather than another lot which eliminates the impact that a reduced setback may hizve in a more standard subdivision. The developer will also be providing landscape screening for:the rc4u" areas of the units. For lots 53, 87, 120, 121,130, 13 I, and 132 an 8’ rear setback will he required~ {2’ waiver). MINIMUM LOT WIDTH The applicant is requesting a waiver from Section 70- RL-3 Residential L~o:w Density District, subsection (c), Table I[, Property Development Regulations - Minimum Let Width, w~hich requires a minimum lot width of 65 feet. The typical/minimum width of lots within Parcels B are ~0 feet. The proposed plan of development for this parcel is to allow Zero Let Line homes which typicaily have smaller lot widths. This waiver request would allow a reduction of 15 feet. The proposed devpiopment plan is consistent with previously approved parcels within the City and is consistent with Land DEvelopment Regulations for Zero Let Line lots within the County. SITE AREA The applicant is requesting a waiver from Section 70- RL-3 Residential I-~]w Density District, subsection (e), Table I1, Property Development Regulations - Minimum Site Area, wl.iich requires a minimum site area of 6500 square feet. The typical/mlnimum lot area within Parcel B is:5750 square feet. The proposed plan of development for these parcel is to allow Zero LOt Line homes which typically have smaller lots. This waiver request would allow a reduction of 750 square feet. The proposed development plan is consistent with previously approved parcels within the City and is consistfnt with ~Land Development Regulations for Zero Let Line lots within the County. I,OT COVERAGE The applicant is requesting a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table !I, Property DEvelopment Regulations - Maximum Lot Coveragg, which allows a maximum lot coverage of 35%. This applicant is requesting approval for 50% lot coverage. The proposed 50% maximum lot coverage is consistent with the lot coverage sumdards for ether high-end singl~ family zero 226 lot line residential projects. For example, many of the recent approvals fo~ individual zero lot line parcels within the Golf Digest PCD have a lot coverage of 50~. Ballcnlsles PCD has lot coverage sumdards of 4:5 to 60aA. Approval ofcomparablc parcels in PGA National have also aliowed lot coverages from 46% to 67%. With the provision of additional landscaping on the lot as well a~the open space and landscaping surrounding the lots, the effect of lot coverage is minimized. SIDEWALK The applicant is requesting a waiver from Sccdon 256 Sidewalks Divisio~ IX Subdivisions, Property Development Regulations - Minimum requirements, which requires five foot concrete sidewalks on both sides of the street. Sidewalks have bc~n provided on one side of each street, including the cul-de-sac which provides accessto less than 15 lots, and which is not required to ha~’e sidewalks at all. Convenient sidewalk connections have been provided throughout the entire developm~mt to allow for access from Parcel to Parcel as well as to the recreation area and the Parkway pathway." system. i DRY MODEL PERMITS PRIOR TO PLAT APPROVAL : The applicant would like to request a waiver from Section 217 (c), to allo~’ the issuance of building permits for model units prior to the plat being recorded. Section 217(c) rqq. uires: "All lands not otherwise subdivided which are the subjecl of an ~proved development order shall be designare..d by a boundary plat. The boundary plat shall I~ approved by rite city council and placed in the official records of the county prior to the issuan~ era building permil for the subject property." It is the applicants desire to start construction of 4 model units on lots 3, 4, 5 and 6 immediately upon site plan approval. The applicant understands that Certificates of Occupancy c~not b¢ issued, that the units cannot be open to the public and that no homes could be sold until the pl~ is recorded. The applicant is will/ng to provide for a bond for the cost of demolition of the units, shotll~ for some unforseen reason the plat doesn’t get recorded within a reasonable time frame. This request w~3uld allow the construction of these model units during the 90 +/- period after site plan approval while ~e plat is being reviewed. It take~ approximately 8 months for the homes to be constructed, therefore, ~he plat could be reviewed and recorded long before the homes are completed. At this time the site has b~en filled and the lakes have been dug. The master developer has received sierra water drainage approyal for the overall PCD. therefore, the applicant is confident that any drainage issues can be addr~sed with regard to the construction of these units. By allowing construction to begin on the mo@l units while engineering plans and the plat are being reviewed, the applicant can proceed at their own risk in a timely manner without being delayed by an extended review process. Inner-Office Memorandum To." From: John Lindgren, Grqw~h M~nagement Department Lieutenant Jay Sp cer _. __. _j_~ Mirasol Parcel B Date: 12/27/00 Conditions: ¯Lighting locations should not conflict with landscaping (to include long term tree canopy growth). ¯Lighting photo metrics should be done according to lighting code with landscaping already in place. ¯Metal Halide lighting should be used for all street and pedestrian walkways. ¯12’ light poles should be used for residential lighting. ¯Provide lighting for entrance sign. ¯Provide photocell or timer clock lighting for nighttime use above or near entryways to residences and garages. ¯Building lighting (non-glare) should be around perimeter of all sides and on pedestrian sidewalk surrounding the building. ¯Landscaping should not obstruct view form windows or walkways. ¯At the time of building permit application, the applicable builder will provide a street address system depicting street names and residential 228 numericals for emergency response purposes. Address system should be in an 8 1/2 x 11 map format. ¯Numerical Address: }Needs to be illuminated for nighttime visibility. ~Must have bi-directional visibility from the roadway. Residential security: If garage has a window, it should be connected to alarm system. The inside garage door leading into residence should be a solid core door and equipped with single cylinder dead bolt. Anti lifting auxiliary locks should be imtalled on sliding doors and windows. If front door has a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. If front door has zero visibility to front entryway areas equip it with a 180° peephole. Entry doors to open outward versus inward. Equip all exterior doors with security Nnges. Run telephone lines underground with box hook-up on inside of garage versus the exterior of garage where telephone can be cut making alarm system inoperable. Clubhouse should be pre-wired for alarm system. Restrict access to clubhouse through use of key card or key. Provide restricted access into pool area (IE: key control, security pad). Interior circular roundabouts need to be one way with signage stating same. 229 Memo to File From: Subject: Date: Mark Hendrickson, City Forester ~ SP-00-24, Mirabella at Mirasol (Parcel B) February 13, 2001 I have reviewed the revised submittal for the above-referenced petition and provide the following comments for the February 13, 201 DRC meeting: Parcel "B" has five (5) lots where the rear of a lot faces a zero side. Those would Lots numbered 120, 121,130, 131 and 132. It is my understanding that the past approvals for rear yard set backs were granted because they faced lakes or other open space. At this time, I do not support any rear yard set back waiver for the lots that back up to a zero side. The required ten-foot set back for screens, pool, and accessory structures would allow for sufficient landscaping and the room to maintain it. I suggest a better plan would b6 to redesign Parcel "B" to eliminate this lot configuration all together. I suggest the comer lot design that is proposed for Lots 9 and 29 of Parcel "A" is potentially be the best design for open space/landscape per lot. This petition is not proposing a landscaped buffer between Parcel "B" and the School Site or the City Park Site. The lake is no buffer. I recommend extending the proposed buffer landscaping and fence between Parcel "C" and the School Site south until it meets up with the Jog Road parkway landscaping. There may need to be more open space provided east of the lake for landscaping so that there is no conflict with the lake maintenance easement. Please coordinate this request with the City Engineer. CiTY OF P~l~ FEB i 230 ’II~AN.qPI )RI -’~lll )N "’Pdrlil(,r,; I~ ir \.’,lltio I}), I)c+i~n" S.W. Corporale Pkwy. Palm City, FL 34990 (561) 286-3883 Fax: (561) 286-3925 www.ll~fh.com TO: FROM: DATE: FILE NO: MEMORANDUM John Lindgren Scan C. Donahue, P.E.~y January 31,2001 00-4178 Golf Digest Parcel B (CITY PETITION NO. SP-00-24) On January 30, 2001,we received the following revised plans and commems on the above referenced project: ¯Storm Water Management Plan, Planting Plan, Site Plan from Sanders Planning Group ¯Response to our comments dated January 10, 2001 from Urban Design Studio ¯Wavier Request for side and rear setback and dry model permits prior to plat approval .from Urban Design Studio. We have the following commems: Satisfied. The applicant has provided typical lot grading plans on Sheet SP-1. Not Satisfied. The applicant will need to label the proposed drainage easements on the Conceptual Stormwater Management Plan. Not Satisfied. The site plan shows a 15’ drainage easement between Lot 70 and 71. However, it should also appear on the Conceptual Stormwater Management Plan. Satisfied. The Landscape Plan has been amended to remove landscaping from the easemem. Satisfied. The Site Plan has been amended to include all existing easements. o Satisfied. The Conceptual Water Management Plan has been amended to show the road elevation at 19.0. Satisfied. In accordance with the discussion at the DRC meeting, the applicant has not modified the site plan to include pedestrian crosswalks. 231 I0. II. ~atisfied. The applicant has agreed to construct sidewalks in open spaces adjacent to Via Condado and Proposed open spaces between Lots 1041159 and Lots 70/71. Not Satisfied. The applicant is seeking a waiver for sidewalks on one side of the street. We support the City’s LDR requirements. Conditionally Satisfied. The proposed 45’ fight-of-way is satisfactory if Council approves waivers for construction of sidewalk on only one side of the greet. Satisfied. The applicam has included a cross-section detail of the 70’ fight-of-way entrance road at Via Condado. 12.Satisfied. All typical road sections meet or exceed the LDR structure numbers for flexible pavement (Section 249 Table 41). 13.Satisfied. The 45’ typical road section shows the sweet light locations and deletes trees in the fight-of-way. 14.Satisfied. The three eyebrow roadways have been designated for one way traffic by including pavement direction arrows and a stop bar and sign. 15.Satisfied. At the intersection of the spine road and Via Condado a stop bar across both lanes of ingress traffic has been added and direction arrows (let~ and fight) have been shown on the pavement. 16.Not Satisfied. The applicant has requested the elimination of any directional signs that distract from the proposed entry sign. We do not support this request due to public safety issues. 17.Satisfied. Lots with possible roof overhang and a 3’ rear setback may be in conflict with adjacent roofs. To avoid any conflict the plan has been amended to require an 8’ setback on Lots 53, 57, 120, 121, 130, 131 and 132. Additionally, 18.The applicant needs to provide lake maintenance tract access easements to all of the lakes within Parcels A, B & C. Suggested easements are shown on the attached master site plan for Parcel A, B & C. 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. SD/ck Steve Cramer Karen Craver 232P:WROJEG-WSLtq~MEMO~417814178b.doc IERN PALM BEACH COUNTY ’~IPROVEMENT DISTRICT ¯ * $6 I,-624-"/830 * ~:AX 561-624-’78:59 John Lindgren, City Planner City of Palm Beach Crardens 10500 North Military Trail Palm Beach C.~rdens, FL 33410-4698 December 28, 2000 VIA FAX ONLY 799-4281 CITY OF PALM BEACH GARDENS DEC 2 9 2000 I:I.ANNING & ZONING DEPT. Development Re.view Committee SP-00.-24 Mirabella at Mirasol (Parcel B) Unit of Devdopment No~ 43 Dear Mr. Lindgren: We are in receipt of your memorandum dated December 2 I, 2000 to the Developmem Review Committee-members regarding the referenced site plan application. The referenced project is located within Unit of Development No. 43 and will be required to apply for and obtain a Northern Standard Permit. Please feel free t~ contact me if you have any questions regarding this matter. Thank you for your Cooperation. TCR:vbl 233 TO: FROM: DATE: SUBJECT: In response to following: JOAnn~?~n:o~e~~/ March 13,2001 Mirasol Pared B - Response to P&Z Comments ((2/27/01) urban des an sludro Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics the comments of the Planning and Zoning Board, please accept the Relocation of entrance signs At the request of the P&Z Board, the applicant has agreed to move the entrance signs out of the Parkway. Attached are amended plans which reflect the relocation of the signs and the sign wails. Typical rear yard with out a swimming pool Attached are examples of the rear yard landscape plans of homes without the swimming pool option. Alternate Architectural Elevations Attached are reduced copies of all four alternate models. In addition to the attached plans, a package of alternate elevations is being prepared which will represent the alternate elevation option for each model. These alternate elevations will be submitted under separate cover by the end of the week along with a memo from the developer which will specify the guidelines that the developer imposes upon the development with regard to color and model selection. Overall the Mirabella community will offer 24 alternate elevation options with 8 options for the four models within Parcel B. The applicant would still like to request approval of the proto-typieal elevation and associated design guidelines to allow homebuyer flexibility in individual creativity of the facade of the home. To further address the mixture of facade options, the developer has previously submitted a matrix chart of 6 color options and requires that the when adjacent lots are being sold, that the second buyer must choose an alternate facade and an alternate roof tile color. The homebuyer is also given the option to customize their landscape design within the parameters of the minimum planting requirements. All of these options provide for a mixture of textures and colors for 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach. Florida 33409-6582 561.689.0066 561.689.0551 fax Irvine, CA Mr. John Lindgren o Mirasol Parcel B Page 2 March 13, 2001 each home which will help create an interesting streetscape. Alternate sidewalk section A cross-section is currently being prepared of a possible sidewalk alternative to address comments regarding the provision of sidewalks on both sides of the loop roadway. The cross- section will show two four-foot sidewalks. In reviewing the alternatives with regard to the provision of sidewalks on both sides of the street, the space available within the right-of-way for landscaping and the conflicts with utilities, the applicant would like to continue to ask for the waiver to provide for as much green/pervious space as possible within the parcel. Based on extensive experience, the applicant believes that the market for these homes supports the request for a sidewalk on only one side of the street. The applicant would like to proceed to Council with the waiver request to allow the sidewalk on one side of the loop road with this cross- section being offered as an alternative only if the Council should deny the waiver request. Tabular chart of comparable projects. At the request of the P&Z Board an updated setback comparison chart of comparable projects is being prepared which will include the parcels within the Mirasol project. This chart will be provided to you by the end of the week. Additional guidelines regarding unit repetition. The applicant is preparing additional guidelines which will provide for a mixture of colors and alternate facade treatments along the street frontage. These guidelines will be submitted by the end of the week. In response to other questions raised by individual members of the Board, please accept the following: Garage Door options - The applicant is willing to agree to paint all garage doors the same color as the field color of the house, they are however concerned about offering an alternate garage door with glass panel options due to hurricane safety issues. The applicant would prefer to offer a solid garage door which meets hurricane guidelines. School Site Access - The applicant would like to maintain the integrity of the design of the parcels and encourage access to the school site via the established pedestdan3valkways and pathways that are provided in the PCD. 235 Mr. John Lindgren-MirasolParcel B Page 3 March 13,2001 Controlled Pedestrian Access - The applicant does not intend to gate the sidewalks adjacent to the gatehouse. Elevations of Multiple Units - The applicant is providing additional elevation options together with guidelines for insuring alternate facades on adjacent units. In total 24 elevation options will be offered throughout the community. Attached please f’md 8 copies of each of the following plans: Overall Master Community Plan - This plan has been amended to reflect the relocation of the entrance sign. Typical Lot Landscape Plan - This plan shows the alternate option of the rear yard without pools. Sheet SP-1 Site Plan - This plan has been amended to reflect the relocation of the entrance sign. Floor Plan and Elevations of proposed models - These plans represent the alternate floor plan and elevations for all four of the models offered within Parcel B. Should you have any questions regarding the attached, or the above responses, please let me know and I will be glad to respond further. CC:Dean Borg Jim Harvey Marvin Sanders 236 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 SUBJECT/AGENDA ITEM Consideration of Approval: Resolution 77, 2001, a request for approval of a Site Plan within a Planned Community Development (PCD), providing for approval of "Parcel within the Mirasol Planned Community Development allowing for the development of 125 single-family zero-lot line homes. (31-41S-43E) RECOMMENDATION Staff recommends approval of Resolution 77, 2001, with conditions of approval. Reviewed by: ~ City Attorney ~ Finance NA ACM Human Res. NA Other NA Sj~ b~hitte_d by: ~rowth Management Director Appr~ City Manager [ Originating Dept.: G~int Advertised: Date: Paper: [X] Not Required Affected parties _[__]_E[otified [X] Not required Costs: $. Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ]Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Waiver Justification ¯ Resolution 77, 2001 ¯ Legal Description ¯ Site Plan ¯ Mirasol Master Plan ¯ Code Comparison, Land Use Tables. ¯ Design Guidelines [ ] None 237 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-25 REQUEST Anne Booth of Urban Design Studio, agent for Kenco Communities, is requesting site plan approval for 125 single-family zero lot line dwelling units in Parcel C of the Mirabella subdivision of the "Mirasol" Planned Community Development (formerly known as "Golf Digest"). The proposed density for the site is 6.69 dwelling units per acre. The 18.68-acre site is bounded by Hood Road to the north, Mirasol Parcel B and the Bonette Hunt Club to the west, Jog Road to the south-and future Palm Beach County School District site to the east. (41-34S-42E) BACKGROUND On May 18, 2000 the City Council approved Ordinance 8, 2000, which approved the Master Plan of the Golf Digest Planned Community District (PCD), which is now known as the Mirasol PCD. LAND USE & ZONING The subject site is zoned Residential Low - 3 (RL-3) with a Planned Community District (PCD) overlay and has a future land-use designation of Residential Low (RL). The is also designated as "Medium" on the approved Mirasol Master Plan, which permits the parcel to be developed to a maximum density of nine (9) dwelling units/acre. CONCURRENCY Concurrency for this site was established prior to the approval of the Mirasol PCD; therefore, this site is vested in terms of concurrency. PROJECT DETAILS Building Site The proposed plan of development is for 125 single family zero lot line lots on 18.68 acres at a density of 6.69 dwelling units/acre (per the approved master plan, 9 dwelling units/acre are permitted). The proposed lot dimensions are a minimum of 40’ X 115’. The site is bounded on the north by Hood Road, on the south by Jog Road, on the east by the school and park sites, and on the west by Parcel B and the Bonette Hunt Club. The Mirasol Architectural Review Committee has reviewed and approved the proposed plans for development (see attachment). 2 238 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-25 Recreation In addition to the centrally located 3.1 acre private recreation area, this parcel has access to numerous community serving public recreation areas. The 15-acre public community park site is located adjacent to Parcel C and will include ball fields, basketball courts, volleyball courts, picnic areas and a tot lot. A 6.3 acre passive open space linear park will also be located just to the south of the public park. There are over 6 miles of Parkways and over 10 miles of sidewalks/pathways along Jog Road, PGA Boulevard and Hood Road which are available to the residents which have been designed and located as part of the community serving open space with in the PCD. Site Access & Circulation Roadway access to the site, via Jog Road, will be completed simultaneously with the parcel construction. In accordance with condition #63 of Ordinance 8, 2000, a stabilized road base.will be completed prior to the start of construction of the Parcel. The site will have a single access point off of the collector roadway that connects the community to Jog Road. Vehicular circulation to the community will be restricted by an intemal access gate on the collector roadway. Pedestrian access throughout the community has been provided through a system of sidewalks that connect to the recreation area as well as the community pathway/sidewalk system that is part of the Parkway. Phasing Development of this parcel will be done in a single phase. Architectural Style The architecture style and colors proposed for this site are consistent with the Mizner style that has been established by the Master Developer. All residential structures are limited to 2-stories in height (36 feet). Single-story and two-story Proto-Typical units have been submitted for approval. Design Guidelines are attached for your review. Liohtin_Q Decorative fixtures to match the lighting within the other single family residential communities will be provided throughout the development. Locations of light poles have been indicated on the site plan and landscape plan. A lighting detail has been included on the site plans. Street lights will be field located to avoid .conflicts with street trees and utilities. 239 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-25 Landscaping The Hood Road Parkway Landscape Buffers have been designed to incorporate the entire 55-foot buffer, and are currently being completed for submission in accordance with the conditions of the PCD. The Jog Road Parkway Landscape Plan has been approved by the City Council. The planting concept within the site maintains the native theme that is present throughout the overall PCD. The PCD and Parkway buffers will be maintained by the Master Property Owners Association Parking Parking will be provided through garage and bedroom. driveway spaces at one space per S~qnaqe The location of the entrance sign has been noted on both the site plan and the landscape plan. The applicant has revised the master site plan to indicate that the sign is in a conforming location. Drainage The lakes that are centrally located within and adjacent to Parcel C are part of the. master surface water management system for the PCD. Drainage outfall from this site will be accomplished by drainage into inlets and culverts, outfalling into internal as well as adjacent lakes. Traffic The development of this site is consistent with the approved Master Plan. The design of the adjacent roadway system has been submitted and reviewed by the City Engineer. A left turn lane has been designed at the entrance of the project to address the anticipated turning movements onto the collector roadways leading into these parcels. The total number of trips anticipated to be generated by this development and others within the PCD will be monitored by staff through the annual review of the "Annual Report", which is required by the Development Order of the PCD. 4 240 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-25 Waivers The petitioner is requesting waivers from the following code requirements: Code Section Required Waiver Staff Recommendat ion Section 75 - Minimum lot width Minimum of 25 feet Support feet Section 75 - Rear Setback 10 feet 7 feet Support Section 75 - Side Setback - Screen/Enclosures Accessory Buildings Section 75 - Side Setback - Homes Section 75 - Side Facing Street Section 75 - Minimum site area Section 256 - Sidewalks Section 217 - (c) Platting Section 75 - Maximum lot coverage 7.5 feet 7.5 feet 20 feet 6,500 feet 5 foot sidewalks required on both sides of the street No building permits issued until plat recorded. Maximum lot coverage permitted = 35% Provided 65 40 feet 3 feet (screen enclosure) =zero. side" - 0 feet "non-zero: 5 feet: 0 feet" (zero side) 15 feet 4,720 sf 5 foot sidewalk on on side of street Dry model building permits prior to b.p. 50% lot coverage 7.5 feet and 2.5 feet 7.5 feet 5 feet 1,780 sf One sidewalk Prior to b.p. Deny* Support Support Support Deny* Support with conditions of approval 15%Support The applicant has provided adequate justification (see attachment) for all requested waivers, and therefore staff supports waivers. * An analysis of the waivers which staff does not support is as follows: 5 241 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-25 Section 75 - Side Setbacks for Screen Enclosures and Accessory Structures The applicant is requesting a side setback for screen enclosures and accessory structures of zero feet on a zero side and five feet on a non-zero side. Due to the fact that the lots in this community are designed so that non-zero lot line are opposite the zero-lot line configuration, this would leave only five feet between most homes and their attached screen enclosures and accessory structures, should this waiver be approved. Recomme’ndation: In order to maintain a 10 foot "clear zone" from the front to back of homes, staff is recommending denial of this waiver request. Section 256 - Sidewalks The applicant is requesting to waive the requirement of Section 256, which requires that a five-foot concrete sidewalk be installed on both sides of a street within subdivision. The waiver is requested to provide one sidewalk on one side of Loop Road only. The applicant has justified the waiver on the basis that the sidewalk would create conflicts with the landscaping and utility easements, given the amount of space available within the right-of-way. However, the applicant is providing sidewalks on cul- de-sacs that provide access to less than 15 lots, which the applicant is not required to provide by the Code. Staff considers the justification as inadequate and does not support this waiver for the following reasons. First, providing sidewalks on small cul-de- sacs should not be a substitute for the sidewalk on Loop Road because the road provides access to nearly all of the lots in Parcel A. Second, streets with sidewalks on both sides of the street are aesthetically pleasing as opposed to streets without. Third, residents tend to use the area of the right-of-way for the sidewalks for on-street and parallel parking, which is not allowed by the Code. Fourth, streets without sidewalks do not provide safe paths or areas for pedestrians or children to play, respectively. Finally, Section 92 of the Code specifies that waivers within PCDs are granted in order to encourage applicants to propose projects that are "innovative, creative, and utilize planning, design, and architectural concepts that will be of benefit to the City." Eliminating a sidewalk in order to accommodate and maintain the proposed density of the project does not qualify as innovative or creative. The Mirasol PCD provides for or exceeds the minimum standards required for open space and has low density, given its size. However, these standards are not related to the issue of providing or waiving sidewalks. Providing a sidewalk on both sides of a street is simply a minimum standard with which compliance should be sought. The sidewalk should be provided because it is aesthetically pleasing, prevents on-street and parallel parking, provides safety for children and pedestrians, and the street on which 6 242 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition SP-00-25 the sidewalk is to be provided is the main road within the development and provides access to nearly all of the lots. Finally, Section 92 of the Code specifies that waivers within PCDs are granted in order to encourage applicants to propose projects that are "innovative, creative, and utilize planning, design, and architectural concepts that will be of benefits to the City." Eliminating a sidewalk in order to accommodate and maintain the proposed density of the project does not qualify as innovative or creative. Approving a waiver for the elimination of a sidewalk without the applicant providing the code required innovative site designs would set an undesirable precedent, making it difficult to deny other applicants this waiver in the future. Recommendation Staff recommends denial of the requested waiver; however, staff would support a waiver to allow for four-foot sidewalks on both sides of the street, as recommended by the Planning and Zoning Commission. Resolution 77, 2001 does not include this waiver. PLANNING AND ZONING COMMISSION At its March 27, 2001 meeting, the Planning and Zoning Commission reviewed this application and recommended approval with conditions of approval. The Planning and Zoning Commission recommended approval of eight waiver requests. The Commission recommended denial of the sidewalk waiver request, and indicated that they would recommend approval of a waiver for four-foot sidewalks on both sides of the street. STAFF RECOMMENDATION Staff recommends approval of Petition SP-00-25 with conditions, and recommends approval of seven waivers and denial of two waivers requested by the applicant, as provided in the attached resolution. ~\FILE_S RWCOMPROG\S hort Range~sp0025cc.doc 7 243 April 25, 2001 RESOLUTION 77, 2001 A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCEL C" LOCATED WITHIN THE MIRABELLA SUBDIVISION OF THE MIRASOL PLANNED COMMUNITY DEVELOPMENT, ALLOWING FOR THE DEVELOPMENT OF 125 SINGLE- FAMILY ZERO-LOT LINE HOMES, LOCATED APPROXIMATELY t/4 MILE WEST OF THE INTERSECTION OF HOOD ROAD AND JOG ROAD, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent for Kenco Communities, for site plan approval of "Parcel C" within the Mirabella subdivision of the Mirasol PCD, allowing for the development of 125 single-family zero-lot line homes, located approximately ¼ mile west of the intersection of Hood Road and Jog Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks nine waivers as part of site plan approval; and WHEREAS, the 18.68-acre site is currently zoned Planned Community Development (PCD) with underlying zoning of RL-3, and a future land use designation Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on March 27, 2001, the Planning and Zoning Commission recommended approval of the site plan for Parcel C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AS FOLLOWS; Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for "Parcel C" within the Mirasol PCD, allowing for the development of 125 single-family zero-lot line homes, as more particularly described in Exhibit "A" attached hereto and incorporated herein. 244 Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and/or grantees: The Hood Road Parkway landscaping adjacent to Parcel C shall be completed prior to the first Certificate of Occupancy (City Forester). The PCD buffer between the outparcel (Bonnett Hunt Club) and Parcel C shall completed prior to the issuance of the first Certificate of Occupancy for a unit abutting the PCD buffer (City Forester). Prior to the 200~ certificate of occupancy for Parcels A, B, and C combined, the Recreation Center construction shall be completed and accepted by the City and a certificate of occupancy issued (City Engineer). Prior to construction plan approval, the applicant shall show the drainage easement locations and widths on all construction Plans (City Engineer). Prior to construction plan approval, the applicant shall show pavement striping/chevrons in advance of the median islands to promote traffic to keep right in lieu of directional traffic signs (City Engineer). Prior to construction plan approval, the applicant shall provide a cross-section detail of the 28-foot stabilized temporary road access for construction of models showing the compacted sub-grade specifications meeting LDR Section 249 (City Engineer). Prior to construction plan approval, the applicant shall provide a copy of the approved Palm Beach County permit for the temporary road access connection to Hood Road. Also, the applicant shall provide signage on Hood Road for the control of traffic entering and leaving Parcel C by way of Hood Road. The signage shall meet FDOT Index 600 (City Engineer). Prior to construction plan approval, the applicant shall address the potential conflicts between the decorative walls within the side yards and lot drainage patterns to the satisfaction of the City Engineer (City Engineer). Prior to the first certificate of occupancy, the Parcel C road construction phasing plans shall be approved by the City Engineer. The first phase of the roadway shall be completed and accepted by the City Engineer prior to the first certificate of occupancy (City Engineer). 10.Prior to the first certificate of occupancy, Mirabella Drive construction shall be completed and accepted by the City (City Engineer). 11.Prior to the first certificate of occupancy, the supporting master surface water 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. management system and positive legal outfall construction shall be completed and accepted by the City (City Engineer). A maximum of three dry model permits may be issued prior to recording the plat subject to staff review and approval (Engineering and Planning & Zoning). Prior to the first Certificate of Occupancy, the applicant shall record the plat (City Engineer). Prior to the issuance of the building permit for the parking areas and temporary information trailers adjacent to the models, the applicant shall provide construction plans for review and approval. The construction plans shall meet all applicable ~Land Development Regulations, including but not limited to, those pertaining to parking, paving, drainage, landscaping, irrigation, and lighting (City Engineer). Prior to the issuance of the certificate of completion for the parking areas and temporary trailers adjacent to the models, those portions of the Parcel C spine road, Jog Road, and Mirabella Drive that provide access to the models shall be completed and accepted by the City (City Engineer). The applicant shall post a letter of credit prior to the issuance of a building permit for the models in the amount of $50,000 per model for the purposes of demolition and lien protection ($10,000 for Demolition and $40,000 for lien protection) remain in effect until the plat is recorded (City Engineer). The issuance of permits for construction of the three dry models prior to platting shall be limited to the model lots as shown on the site plan (City Engineer). No individual lots shall be allowed to transfer title until the plat has been recorded (City Engineer). No access by the general public shall be allowed on the temporary construction road. (City Engineer). No access by the general public will be allowed to a model home until the final certificate of occupancy is issued (City Engineer). The applicant shall provide all necessary construction zone signage and fencing as required by the City Engineer (City Engineer). The building and construction of any residential unit within Parcel C shall conform to the Design Guidelines established by the petitioner for the subject parcel, in accordance with the recommendation of the Planning and Zoning Commission of the City of Palm Beach Gardens (Planning and Zoning). 246 Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following seven waivers with this approval: C1)Section 75, Maximum Lot Coverage, to allow for 50% lot coverage. The Land Development Regulations (LDRs) require a maximum of 35% lot coverage. (2)Section 75, Rear Setback, to allow for a three-foot rear setback for screen enclosures. The LDRs require a minimum rear setback of 10 feet. (3)Section 75, Side Setback, to allow for a side setback of 0 feet and ten feet for zero-lot line homes. The Land Development Regulations require a minimum 7.5- foot side setback for structures. (4)Section 75, Side Facing Street, to allow for a 15 foot side facing street setback. The LDRs requires a minimum 20-foot side facing street setback. (5)Section 75, Minimum site area, to allow for a minimum site area of 4,720 square feet. The Land Development Regulations require a minimum lot area of 6,500 square feet. (6)Section 75, Minimum lot width, to allow for a minimum lot width of 40 feet. The Land Development Regulations require a minimum lot width of 65 feet. (7)Section 217(c), to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined above. Section 4. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. Section 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: (1) (2) (3) (4) (5) (6) February 28, 2001 Mirabella Master Plan, Sanders Planning Group, Sheet MSP-I. January 24, 2001 Parcel C Site Plan, Sanders Planning Group, Sheet SP-I. February 28, 2001 Preliminary Planting Plan, Typical ~Units, Sanders Planning Group, Sheet P-I. January 24, 2001 Preliminary Planting Plan, Comer Units, Sanders Planning Group, Sheet P-2. January 24, 2001 Entry and Buffer Planting Plan, Sanders Planning Group, Sheet P-4. January 24, 2001 PCD Buffer at Bonnette Hunt Club, Sanders Planning Group, Sheet P-5. 247 (7) (8) (9) (10) (11) (12) (13) January 24, 2001 PCD Buffer at School Site, Sanders Planning Group, Sheet P-7. January 24, 2001 Typical Cul-de-sac Planting Plan, Sanders Planning Group, Sheet P-8. October 12, 2001 Model A Floor Plans and Elevations, Sotolongo Architects, Sheets A-l, RP, A-3, A-4. October 12, 2001 Model C Floor Plans and Elevations, Sotolongo Architects, Sheets A-l, RP, A-3, A-4. February 2, 2001 Construction Model Plan, Sanders Planning Group, Sheet M-1. January 22, 2001 Conceptual Stormwater Management Plan, Sanders Planning Group, Sheet DR-6. May 12, 2000 Boundary Survey, Atlantic-Caribbean Mapping, Inc., 1 Sheet Section 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. This Resolution shall be effective upon adoption. PASSED AND APPROVED THIS THE DAY OF 2001. JOSEPH RUSSO, MAYOR ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CAROL GOLD, CMC,City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO \\FILE_SRV~COMPROG\Short Range\sp0029re.doc LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT 248 WAIVERS Deviations fi’om the standard Land Developlnent Regulations have been facilitated through the site plan approval process allowed as part of the Planned Community Development District site pinna approval process. The code allows and encourages ingenuity, flexibility and i~agination in the design of development parcels within a Plan.ned Community District. The consolidation of open space within the PCD creates the need for flexibility in the application of setbacks and other standard Land Development 249 Project Narrative - Parcel C - Mirasol November 1, 2000 Page 7 Regulations within the development parcels. In that the Planned Community District regulations were created with this concept in mind, specific land development regulations were not included in the PCD- Planned Community District regulations at its inception. While the City Council has approved numerous Zero Lot Line development plans, the Land Development Regulations do not have provisions for zero lot line home lots. The proposed plans are, however, consistent with the Land Development Regulations of Palm Beach County for Zero Lot Line development. The proposed development plans for Parcel C are also consistent with other previously approved Zero Lot Line development plans within the City as well as the intent of the Planned Development District regulations. The Code requires 20% (461 acres) of the PCD to be preserved as Com~nunity Serving Open Space. The Golf Digest PCD provides for over 65% (1505 acres) of the PCD in Community Serving Open Space. The gross density of the Golf Digest PCD is .93 du’s/ac. In comparison, PGA National, has 46% open space with a gross density of 2.24 du’s/ac and Ballenlsles has 52% open space with a gross density of 1.8 du’s/ac. The majority of the lots within this application abut open space in the form of water or exteusive landscaped buffers. Water and landscaped frontage provides for a feeling of open space around the units. In accordance with the PCD sections of the code, at the discretion of the Council, adjacent open space can be credited towards the open space requirements of the parcel. While these parcels meet their required open space requirements, the perception of the adjacent open space for both the home owner and the public is enhanced by designing the lots to be adjacent to landscaped areas or water. Careful attention has been given to the design of the parcels to provide this amenity. Due to the nature of a Zero Lot Line product, the lot size and setbacks are typically smaller than a standard subdivided lot. This type of product is most often seen within a larger planned community which has consolidated open space areas, clustered housing and flexible land development reg,ulations. While the City Council has approved numerous Zero Lot Line development plans, the approved, Land Development Regulations do not have setback provisions for zero lot line homes. Approval of Zero Lot Line development plans have been facilitated through the site plan approval process allowed as part of the Planned Community Development District site plan waiver approval process. We have used previous approvals as well as standards which have been established by other jurisdictions as a guide in the design of these parcels. In that a Planned Community District does not have specific land development regulations, we have been asked to select an appropriate "underlying" zoning district for the purposes of comparing the proposed development plan with standard zoning district land development regulations. The purpose of the comparison is to identify any deviations that may be proposed from the standard land development regulations. Parcel C is designated on the Master Plan as "High" which allow a maximum density of 12 du’s/ac. The proposed development of this Parcel is for single family zero lot line home lots at a density of 6.69 du’s/ac. We have selected the RL-3 Residential Low Density District as the most appropriate zouing district for comparison purposes. We believe that the design of these projects are consistent with previously approved projects in the City, are consistent with the intent and purpose of the Planned Community District regulations, and are consistent with comparable development standards within other communities. For these reasons we feel 250 Project Narrative - Parcel C - Mirasol November 1, 2000 Page 8 the requested waivers should be approved and respectfully request your support. The proposed developments are requesting the following waivers from the Land Development Regulations: SIDE BUILDING SETBACK - ZERO SIDE The applicant would like to request a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater. The minimum width of lots within Parcel C is 40 feet. Under standard zoning regulations the side setback requirement would be 7.5 feet on each side of the lot. The proposed plan of development for this parcel is to allow Zero Lot Liue homes. The proposed Zero Lot Line homes will maintain a minimum setback of 10 feet from the "non-zero" side of the lot and a zero setback on the "zero" side of the lot. This waiver request would allow a 7.5’ reduction in the side setback to allow a 0’ setback. The design of these lots provides for a minimum 10 foot separation between units, which meets the 10-foot standard established by the Fire Department and previous approvals. The 10’ separation provides for sufficient area for landscaping and the provision of light and air circulation. SIDE FACING STREET This application is requesting a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Side Facing Street Setback, which requires a 20’ setback. The applicant is proposing a side facing street setback of 15’ for 4 lots. All lots which fall into this category have been increased in width from the standard lot widths to allow for enhanced landscaping adjacent to the unit. SIDE AND REAR POOL/SPA/SCREEN SETBACK The applicant would like to request a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Side Setback, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater mad rear setback which requires a 10 foot setback. The required setbacks for pools, spas, and screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that pools, spas and screens be allowed to be constructed 0 feet from the "Zero" side lot line (7.5’ waiver), pools and spas to be allowed to be constructed 5 feet from the "non-zero" side lot line (2.5’ waiver), and screens to be allowed to be constructed 5 feet fromthe "non-zero" side lot line (2.5’ waiver). The applicant is also requesting that pools/spas and screens allowed to be constructed 3 feet from the rear lot line. (7’ waiver). With only a few exceptions, all lots have rear frontage on some form of open space rather than another lot which eliminates the impact that a reduced setback may have in a more standard subdivision. The developer will also be planting the areas in the rear of the units. 251 Project Narrative - Parcel C - Mirasol November 1, 2000 Page 9 MINIMUM LOT WIDTH The applicant is requesting a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Minimum Lot Width, which requires a minimum lot width of 65 feet. The typical/minimum width of lots within Parcels C are 40 feet. The proposed planof development for this parcel is to allow Zero Lot Line homes which typically have. smaller lot widths. This waiver request would allow a reduction of 25 feet. The proposed development plan is consistent with previously approved parcels within the City and is consistent with Land Development Regulations for Zero Lot Line lots within the County. SITE AREA The applicant is requesting a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Minimum Site Area, which requires a minimum site area of 6500 square feet. The typical/minimum lot area within Parcel C is 4600 square feet. The proposed plan of development for these parcel is to allow Zero Lot Line homes which typically have smaller lots. This waiver request would allow a reduction of 1900 square feet. The proposed development plan is consistent with previously approved parcels within the City and is consistent with Land Development Regulations for Zero Lot Line lots within the County. LOT COVERAGE The applicant is requesting a waiver from Section 70- RL-3 Residential Low Density District, subsection (c), Table II, Property Development Regulations - Maximum Lot Coverage, which allows a maximum lot coverage of 35%. This applicant is requesting approval for 50% lot coverage. The proposed 50% maximum lot coverage is consistent with the lot coverage standards for other high-end single family zero lot line residential projects. For example, many of the recent approvals for individual zero lot line parcels within the Golf Digest PCD have a lot coverage of 50%. Ballenlsles PCD has lot coverage standards of 45 to 60%. Approval of comparable parcels in PGA National have also allowed lot coverages from 46% to 67%. With the provision of additional landscaping on the lot as well as the open space and landscaping surrounding the lots, the effect of lot coverage is minimized. SIDEWALK The applicant is requesting a waiver from Section 256 Sidewalks Division IX Subdivisions, Property Development Regulations - Minimum requirements, which requires five foot concrete sidewalks on both sides of the street. Sidewalks have been provided on one side of each street. Convenient sidewalk connections have been provided throughout the entire development to allow for access from Parcel to Parcel as well as to the recreation area and the Parkway pathway system. A chart of these proposed waivers is being prepared and will be submitted for your use. 252 ,: ....;’::~’ PA~GELOF LAND :I-~~::SECTION 34, TOWNSHIP 41SOUI’H~RANGE 42 E~;i:,Cl:l~’ OF... --:: .... ,-". " -..." I:)ALM’.-BEACH GARDENS, P..AI, L.M’-.BEACH COUNTY,. FLORIDA, BEING NIORE PARTEULAI~Y ¯ " ¯ ~:01WIWE’NCING AT THE "NO~~’~WEST.CORNER OF"THE:SOUTHWEST ONE-DU~RTER OF SAID ~ECTION ;..:34, TOWNSHIP. 41SOUTH, P,.4~NGE 4) EAST; TtENCE ALONG T~E ,~ST LINE OF THE " ’-"II’NORTHWEST ONE-OUARTER"-OF. . SAID SECTION :34 NORTH 01’ 0816’ EAST, A DIST:ANEOC"" 28,18 FEET TO A POINT tON A LINE IOS.O0 FEET ~.SOUTH OF AND PARALLEL WITH (AS ¯ IdEASURED AT RIGHT ANGI~ES)THE SOUTH RIGHT OF WAY’ .LINE OF HOOD ROAD AS DESCRIBED ¯ IN DEED BOOK 1139, PAGE~S; AND 41S OF THE PUBLIC RECORDS OF PALId BEACH’ COUNTY, " FLORIDA; THENCE SOUTH 89"19"03’ EAST ALONG SAID @ARALLEL LINE, A DISTANCE OF 2631,71FEET TO A POINT ON THE EAST LINE OF THE..NORTHWEST ONE-OUAIRTER OF SAID SECTION 34; THENCE CONTINbE SOUTH 89"19’03’ EAST ALONG THE AFOREI~ENTIONED -- .P..ARALLEL LINE, A DISTA~ICE OF 25,00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89"19’03’ EAST ALONG THE AFOREI~ENTIONED PARALLEL LINE, A " :. "DISTANCE OF 1247,:76 FEETi THENCE SOUTH 00"41’J9" WEST, "A DISTANCE OF’800.O0 .FEET; THENCE NORTH 89.’/.9’03’ WEST, A DISTANCE OF 950.67 FEET TO THE.BEGINNING ~:..’:-OF"A CURVE CONCA .VE..TO:",THE NORTHEAST, HAVING~.A "RADIUS OF :300.OO FEET "AND A .:.: ~TRAL ANGLE: OE. B6"28’5..3’= THENCE //ESTERLY,:NORTHWESTERLY AND NORTHERLY. ALONG -. THE ARC OF SAID CURVEA’.DISTANCE OF 452.B2 FEET~ THENCE NORTH 02"50’10’ WEST, A ..." ’ DISTANCE OF, 3,9,.33 FEI~:.THENCE NORTH 0r01’2:3’ EAST, A DISTANCE OF 12JT-.FEET; IHENCE ,..;’SOUTH 88"58 37-EAST, A:OiSTANCE OF 2.64 FEET~ IHENCE NORIH 01"0r32’ EAST. ALONG A LINE ’ :~_.~ .. 25;00 FEET. EkST...OF.AND.."PARALLEL WITH (AS.’IWEASURED AT RIGHT ANGLE~)THE EAST LINE ".." "-THE NOEIHWEST .ONE-OU~,.RTER "OF. SAID SECTION" 34; A DISTANCE OF 4S7,03 EEET TO THE " .";:’.. POINT OF .BEGINNING. .. :-, . " : .... -’ ~-." . ". . . ¯ "i LESS AND EXCEPT THE~’FbLLOWING: i:, ,~. :,...-.TRACT ’L3’.;.:..: :.:.-.,. ?~:./’t’bM/WENCING" AT "THE NORTHWEST ~RNER OF THE"~OOTH//EST oNE-oUARTE~’OF SAID SECT~)N :..~.~I.,"TOWNS~P 41SOUTH,:RARGE 42 EAST;.THENCE .ALONG THE WEST LINE OF THE " ¯ ..~i-.~ORIH~EST ONE-OUARi:ER,~:-OE .SAID’.~.SECTION 34 ,NO~, TH bl’O8’IG’ EAST, A DL~IANCE OF :, ? II28;IB"FEET .TO A PO,,I~,I’,ON ’A LINE.:IOS.00 FEET,SOUTH OF AND PARALLEl:’ WITH I~ASURED AT"R~GHT AI~)L~.S)THE SOUTH RIGHT’~P "lAY LINE OF HOOD. ROAD. AS DESCRIBED IN DEED BOOK II39, PAGEeGS’AND 415 OF THE’PUBLIC RECORDS OF PALId BEACH COUNTY, " .. :’F~ORIDA; THENCE 50UTH:."~9~Ig’O3’EAST ALONG SAID PARALLEL LINE, ~ DISTANCE OF ¯ :Lff~31.71FEEI TO ;A POINT:"ON :THE EAST LINE OF-.i:I’IE "NORTHWEST ONE-OUARER-OF SAID ~.:.:;-. :-." ...SEC.TION :34= THENCE CONI:JNUE SOUTH B9"19’03’ E,~S;I,ALONG.THEAFOREMENTIONED " ::~ ¯ - .. ~::".PARALLEL. LINE,~A ;DISTANCE., OF L39S;63 FEEI~ THENCE SOUTH 00"40’5?’ .gEST~-A ¯ " ::.~ :.. :::~SIERI:Y;,.’SOU~HE~STERL¥:,.’IV~D SOUTHERLY ALONG"T.HEARC OF SAID CURI/E,-.A~OIS~ANCE " ; ’ ¯ ~- " :"~: :- - :’2.:OF:"157.08 FEEI(THENCE’~SOUTH, 00"40’57~ w~T;’A:DIS~IANCE-QF 50.OO FEET" TO THE" ..". ,. . :~..-~.:13E~IgNING. OF"A CURVE-CONGAVE TOTHE NORTIfiEST,-HAVING A RADIUS OF I00.00 FEET .C-;: " .. ;.:i".". .AI~) "A :CENTRAl:. ~NGLE::~SO~O0’O0"; THENCE SOUIHERLY. SOUTHWESTERLY AND WESTERLY " " : ..::::~-AL’ON~ THE AR(~ OF SAIO.(.ORVE,A DISTANCE. 0F-157.08 ’FEET~ THENCE NORTH. 89"19’0:3’ ;:--... ... -.:;’I~EST; A DISTANCE..OF:502~36 FEET TO THE .BEGINNING OF A CURVE CONCAVET~O,’ T.HE , . -! :.’ .: .~ :~- NORTHEAST, HAVING-A RA .I:)IUS OF I00.00- FEET. ANO A CENTRAL ANGLEOF 90"20 3~. ~:.::..~"~".’.:. . ¯ .":: .’THENCE IIESTERC-Y, NORTHWESTERLY. AND NOR,T,,~I~,~Y: ALONGTHE ARC OF SAID CURVE, A ’ ~:.-.,.,":. - ,. ". -.’."I~ISTANCE OF-15T,GB-.FEE:[].I.T~ENCE NORTHOrOt 32%AST, A DISTANCE OF-SO;O0 FEET TO THE ¯ ~.~ ~.:: ..: .-:’::/.BEGINNING OFA .CURVE.’,~-~.VE TO, THE SOUTHEAST-HAVING A RADIUS OF"IO0.O0 FEET AND A":; ~.. "v , .:~: "...CENTRAL ANGLE .OF 89W~25.~ THENCE NORTHERCY,’NORTHEASTERLY AND EASTERLY ~LONG THE " I 3: .J0 ;.:.:.;.:.:.: ..;o;.:.;.’, :.:..................,.:.’.’.’.’.’.’.’.’.:;:::1: !:i:!:i’"""""i:i::::’: |U C Subject Property Mirasol Parcel C North Hood Road/Eastpointe Country Club South Jog Road Seacoast Utility Facility East School/Park West Parcel B and Bonette Hunt Club Residential Low - 3 (RL-3) w/ Planned Community District (PCD) Overlay Palm Beach County RS Public/Institutional (P/I) Residential Low - 3 (RL-3) w/ Planned Community District (PCD) Overlay Residential Low (RE) (master plan of RM) Palm Beach County LR-5 Public (P) Residential Low (RL) Parcel A: Residential Low - 3 (RL-3) w/ Planned Community District (PCD) Overlay Bonette Hunt Club : Planned Development Area Residential Low (RL) 256 Maximum Density for: RL-3 = 5 du/acre RM = 9 du/acre Minimum Building Site Area for RL-3 & RM: 6,500 sqft Minimum Site Width for: RL-3 = 65 feet RM = 90 feet Maximum Building Lot Coverage for RL-3 & RM: 35% 6.69 Dwelling Units per Acre Side Setback Facing for: RL-3 & RM = 20 feet 4,600 sqft 40 feet 5O% Yes (with PCD Master Plan designation of RM) No (waiver of 1900 sf requested) No (waiver of 15 ft requested) No (waiver of 15 % requested) Maximum Building Height for 23.5 feet Yes RL-3 & RM: 36 feet Front Setback for:Front = 20 feet Yes Front loaded = 20 feet Side = 15 feet Side loaded = 10 feet Side Setback for:0 feet No RL-3 = 7.5 feet (waiver of 7.5 feet)RM = 10 feet a Street 15feet Rear Setback for:3 feet RL-3 = 10 feet RM = 20 feet Minimum Building Separations 10 feet (6 feet with mechanical equipment) Required Parking: One space One space per bedroom per bedroom Minimum Landscaping Points 20,667 points (Common Space): 15,645 Sidewalks on both sides of Sidewalks on one side of street streets No (waiver of 5 feet) No (waiver of 7 feet requested) N/A Yes Yes No (waiver) o o Design Guidelines - Parcel C Unifying architectural treatments shall include: ¯ Concrete Block construction with textured or sand stuccofinish ¯ S-tile orflat tile concrete roofs ¯ Minimum 2-car garages ¯ Multi-pane front elevation windows ¯ Roof styles shall be gable, hip, or Boston hip ¯ Paneled garage doors ¯ Band treatments at windows and doors on the sides of homes visible to the street Building heights are not to exceed 36feet. Decorative pavement shall be used on driveways and entry walks Minimum quantities of plant materials required for each lot are: ¯ 3 canopy trees or large palms (trees planted @ 12 feet o.a. height and palms species will provide a spread of l 5 feet @ maturity, one tree to be planted within 15feet of the road right-of-way) ¯ 4 small trees/accentplants ¯ 200 shrubs and groundcoverplants Note: The number of plants listed are minimum numbers only. Shrubs are planted @ 3 gal. minimum, groundcovers are planted at I gal. minimum. No two (2) homes located side by side shall have the same combination of exterior wall, trim color, and roof tile color. All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shall also return a minimum of 2 feet along side elevations. No two (2) homes located side by side shall have the same front elevation. Building lot coverage shall be limited to a maximum of 50%. Color selections for roof tile, pavers, exterior paint are as follows, and in accordance with the attached chart: ¯ Roof Tiles- Pioneer Hacienda Type (EL-l, KiwL Nutmeg, Tuscany, Carlsbad, Newport Orange & Gold) ¯ Pavers/Drives/Walkwavs-Paver Module (E-16, E-16/E-11 mix, E-8/E-2 mix, E-58/E- 24 mix, P-2/E-8/P-7 mix) ¯ Exterior Wall Color - Benjamin Moore (light earth tones - #1033, #241, #988) Sherwin Williams - (light earth tones - #2200, #2060) 258 ¯ Exterior Trim Color - Benjamin Moore (#926, #239, #1018) Sherwin Williams- (#2450, #2044) Attached is a chart that identifies the proposed color options of the units. House wall color selections include light tans, beige and earth tones with complimentary trim colors. Samples of the colors and materials will be presented at the meeting. All units will include tile roofs, raised stucco trim, and architectural detailing to articulate the design of the home. Most homes will include scored stucco quoins and special window and door treatments. 259 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 SUBJECT/AGENDA ITEM First Reading: Ordinance 12, 2001, a request for approval of a setback waiver so as to allow a monument ground sign that will be located less than 50 feet from a non-right-of- way property line. RECOMMENDATION Staff recommends approval of Ordinance 12, 2001. Reviewed by: City Attorney.. Finance NA ACM Human Res. NA Other NA Growth Management Director City I~anager/ Originating Dept.: Growth Management Costs: $, Total Current FY Advertised: Date: Paper: [X] Not Required Affected parties []______Notified [X] Not required Funding Source: [ ] Operating [ ] Other B udget Acct.#:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: ¯ Table I - Existing Zoning & Land Use ¯ Table 2 - Consistency w! Code ¯ Ordinance 12, 2001 ¯ Ordinance 20, 1987 ¯ Sign Location Plan ¯ Aerial [ ] None 260 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition MISC-99-24 REQUEST: Dave Clark, agent for the PGA Mardott located at 4000 RCA Boulevard, requests approval for a monument ground sign to be located at the entrance to the site. The proposed illuminated sign will be five feet in height and five feet in length. Because of the configuration of the site, the proposed sign cannot meet the 50-foot setback from a non- right-of-way property line required by Section 136 of the City’s Land Development Regulations. Therefore, approval of the proposed sign requires a waiver from Section 136. The site is located south of the intersection of 1-95 and PGA Boulevard, on the southeast side of 1-95. (1-42S-42E) BACKGROUND The PGA Marriott Hotel is a 267-room hotel originally approved as a Planned Unit Development (PUD) with the adoption of Ordinance 20, 1987 (see attached). Currently, the site does not have a ground sign. LAND USE&ZONING The subject site is zoned General Commercial (CG-1) with a Planned Unit Development (PUD) overlay, and has a future land-use designation of Commercial (C). CONCURRENCY Concurrency review for the proposed monument sign is not required. WAIVER REQUEST The applicant is requesting the following waiver for the location of the ground sign: Minimum setback for a sign from a non-right-of-way property line - Section 136, which requires a minimum sign setback of 50 feet from a non-right-of-way property line, to allow for a 36.1-foot setback (a waiver of 13.9 feet). COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) To date, no objections have been received from the following departments and agencies: Building Division, Planning & Zoning Division, Fire Department, Police Department, Parks & Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Palm Beach County School District, Northem Palm Beach County Improvement District, South Florida Water Managemen~ District, Waste Management, and Florida Power & Light. 2 City Council Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 Petition MISC-99-24 STAFF RECOMMENDATION The configuration of the site is such that the access point is only 88 feet in width. Because of this configuration, the applicant cannot practicably locate a ground sign that would meet the minimum setback from a non-right-of-way property line. Therefore, Staff recommends approval of this petition, including the approval of the requested 13.9-foot waiver. PLANNING & ZONING COMMISSION The Planning and Zoning Commission held a public hearing to review this petition at their April 24, 2001 meeting. The Commission voiced no concerns regarding the petition, and unanimously voted 7 - 0 to recommend approval of the ground sign with the requested waiver. g/john: misc9924.cc 3 262 City Council Meeting Date: May 17. 2001 Date Prepared: April 25, 2001 Petition MISC-99-24 Subject Property Marriott Hotel North Loehman’s Plaza South Wackenhut Building (Northcorp Center) West Interstate Highway - 95 East Wackenhut Building & Hampton Inn (Northcorp Center) General Commercial (CG-1) with a Planned Unit Development (PUD) Overlay General Commercial (CG-1) with a Planned Unit Development (PUD) Overlay Research & Light Industrial Park (M-l) with a Planned Community District (PCD) Oveday N/A Research & Light Industrial Park (M-1) with a Planned Community District (PCD) Overlay Commercial (C) Commercial (C) Industrial (I) N/A Industrial (I) General Commercial (CG-1) Public Road Right-Of-Way Frontage Needed For A Ground Sign: 300 feet Planned Unit Development (PUD) - Hotel 1,002 Feet Yes Yes Sign Height:Sign Height:Yes _< 10 feet 5 feet Sign Width:Sign Length:Yes 15 feet 5 feet Size of Ground Sign: ~ 60 <25 square feet Yes square feet Number Of Messages Permitted 2 Yes On Sign: 3 (name and logo) Minimum setback from a right-15 feet Yes of-way: 15 feet Minimum setback from non-36.1 feet No right-of-way property lines: 50 (Waiver)feet 4 263 April 25, 2001 Ordinance 12, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM THE PGA MARRIOTT FOR AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT THAT WOULD PERMIT A GROUND SIGN AT THE ENTRANCE TO THE PGA MARRIOTT HOTEL, LOCATED AT 4000 RCA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A WAIVER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the PGA Marriott for approval of an amendment to a planned unit development (PUD) to permit ground sign at the entrance to the PGA Mardott Hotel site, located at 4000 RCA Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 6.6-acre PGA Marriott Hotel site is currently zoned General Commercial (CG-1) with a Planned Unit Development (PUD) overlay, and a future land of Commercial (C); and WHEREAS, the PGA Marriott Hotel PUD was originally approved on December 17, 1987 with the adoption of Ordinance 20, 1987; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on April 24, 2001, the City’s Planning and Zoning Commission has recommended approval of the ground sign. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the amendment to the PGA Marriott Hotel Planned Unit Development (PUD), thereby permitting a ground sign at the entrance to the PGA Marriott Hotel located at 4000 RCA Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. The following waiver is hereby granted with this approval: Minimum setback for a sign from a non-right-of-way property line - Section 136, which requires a minimum sign setback of 50 feet from a non-right-of-way property 264 Ordlnance 12, 2001 Petition MISC-99-24 Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 line, to allow for a 36.1-foot setback (a waiver of 13.9 feet). SECTION 3. Construction of said ground sign shall be in compliance with the following plan on file with the City’s Growth Management Department: 1.Boundary Survey by RPB Consulting, Inc. and date stamped (November 8, 2000) into the Planning and Zoning Division (1 sheet total). SECTION 4. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 17u~ DAY OF MAY 2001. PLACED ON SECOND READING THIS DAY OF 2001. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY 2652 Ordinance 12, 2001 Petition MISC-99-24 Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE NAY ABSENT 2663 Ordinance 12. 2001 Petltlon MISC-99-24 Meeting Date: May 17, 2001 Date Prepared: April 25, 2001 EXHIBIT "A" DESCRIPTION (PER SPECIAL WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 9464, PAGE 926 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA): THAT PORTION OF SECTIONS 1 AND 12, TOWNSHIP 42 SOUTH. RANGE 42 EAST, PALM BEACH COUNTY. FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE NORTH 88"10’56" WEST,ALONG THE SOUTHERLY UNE OF SAID SECTION, A DISTANCE OF 256.70 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF STATE ROAD DEPARTMENT ACCESS ROAD AS DESCRIBED IN PARCEL C OF THE DEED RECORDED IN OFFICIAL RECORDS BOOK 1530, PAGE 447, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 10"13’44" WEST, ALONG SAID PROLONGATION AND SAID WESTERLY LINE,A DISTANCE OF 228.98 FEEr TO A POINT SOUTH 10"13’44" EAST, A DISTANCE OF 88.00 FEET FROM THE INTERSECTION OF SAID WESTERLY LINE WITH THE NORTH LINE OF THE SOUTH 310.00 FEET OF SAID SECTION 1, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 79"46’16" WEST, A DISTANCE OF 228.00 FEET;THENCE SOUTH 10"13’44" EAST, A DISTANCE OF 348.00 FEET; THENCE SOUTH 79"46’16" WEST, A DISTANCE OF 411.74 FEET TO THE EASTERLY UNE OF STATE ROAD NO. 9 (I-95);THENCE NORTH 24"22"22" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 623.98 FEET TO SAID NORTH LINE OF THE SOUTH 310.00 FEET OF SAID SECTION 1; THENCE SOUTH 88"10’56" EAST ALONG SAID NORTH LINE, A DISTANCE OF 810.05 FEEl" TO SAID WESTERLY UNE OF STATE ROAD DEPARTMENT ACCESS ROAD; THENCE SOUTH 10"13’44" EAST, A DISTANCE OF 88.00 FEEl TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY,FLORIDA. SUBJECT TO ALL PERTINENT MAI-rERS OF RECORD. CONTAINING6.586 ACRES. MORE OR LESS. g/john: misc9924.or 4 November 17, 1987 ORDINANCE 20, 1987 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED ~IT DEVELOPMENT FOR CONSTRUCTION AND USE AS A HOTEL ON A PARCEL OF LAND LYING ¢/ITHIN THE FOP~MER "RCA TRACT"; SAID LANDS BEING DESCRIBED MORE PARTICULARLY IN ENJIIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AND, REQUIRING THAT SAID PLANNED UI~IT DEVELOPMENT SHALL BE DEVEI~PED IN ACCORDANCE WI~I THE SITE PLAN AND ARCIIITECTURAL PLAN PREPARED BY NATHAN, EVANS, POUNDERS AND TAYLOR, CONSISTING OF EIGHT (8) SHEETS AND THE LANDSCAPE PLAN PREPARED BY TEA/! PLAN, INC., CONSISTING OF FIVE (5) SHEETS WIIICH ARE ATTACHED HERETO AS C~OSITE EXHIBIT "B"; ~/~D, PROVIDING FOR THE SALE OF ALCOIIOLIC BEVERAGES ON THE PREMISES; AND, PROVIDING THAT NO BUILDING PERMIT SHALL BE ISSUED UNTIL FINAL DRAINAGE, UTILITY AND PAVING PLANS FOR SAID PROJECT SHALL BE APPROVED IN WRITING BY THE CITY ENGINEER AND COPIES OF ALL REQUIRED PERMITS BY OTHER GOVERNMENTAL AGENCIES HAVE BEEN FILED WITH THE BUILDING OFFICIAL, AND A PERFORAMCNE BOND OR LETTER OF CREDIT IN AN AMOUt~T TO BE DETErmINED BY THE CITY ENGINEER TO GUARANTEE THE CONSTRUC- TION OF PAVING, DRAINAGE AND UTILITIES THEREON SIL%LL HAVE BEEN POSTED IN REQUISITE FO~ WITH THE CITY~NAGER; AND, FURTHER PROVIDING FOR ALL SIGNAGE NOT CONTAINED IN THIS ORDI~NCE TO BE APPROVED BY THE CITY CO~CIL BY SUBSEQUENT RESOLUTION; AND, PROVIDING THAT IN THE EVENT THIS PLANNED UNIT DEVELOPMENT SHALL TERMINATE ~D.NOT BE REINSTATED BY THE CITY COUNCIL THAT THE USE OF SAID L~/~DS DESCRIBED IN EXHIBIT "A" SHALL REVERT TOT HE ORIGINAL ZONING OF ~-1 INDUSTRIAL DISTRICT; ~/~, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES OR A/~ PART OF THE PALM BEACH GARDENS CODE IN CONFLICT NEREWIIq~; ~D, PROVIDING FOR ~/~ EFFECTIVE DATE HEREOF. BE IT ORDAINED BY~IE CITY COUNCIL OF THE CITY OF PAI~I BEACH GARDENS, FLORIDA: Section I. A Planned Unit Development is hereby created for construction and use as a hotel on a parcel of land lying within the former "RCA Tract" being described more particularly in Exhibit "A" attached hereto and made a part hereof. Said Planned Unit Developmen~ shall be developed in accordance with ~he Site Plan and Arch£~ec~ural Plan prepared by Na=han, Evans, Pounders and Taylor consisting of eight (8) sheets and the Landscape Plan and Lighting Plan prepared by Team Plan, Inc., consisting o£ five (5) sheets, which are attached hereto as Composite Exhibit "B". 268 As part of the permitted use as a hotel complex, the sale alcoholic beverages at retail for consumption on the premises Is hereby permitted. A variance to the distance requ~zements of the Palm Beach Gardens Cede between premises In whlch alcoholic beverages are sold hereby granted. Section 2. No Building Permit shall be issued for construc- tion of any structure or buildlng upon the p~operty described in Exhibit "A" unt11 final drainage, pav£ng and utility plans for saZd project have been approved In writing by the City Engineer end copies ,of al] ~equired permits by other governmental agencies have been filed with the Building Official, and the Petitioner shall have deposited with the City Nanagez a pecformance bond, or a letter of credit, or an escco~ deposit in a sum of money in the amount prescribed by the City Englneer for the purposes of assuring the completion of all paving, d~alnage and utilities for said project. 5ection ~. The Petit~oner shall pay to the City of Palm Beach Gardens, Florlda, impact fees as hereinafter designated, together with amounts of monies and time of payment. ~. Recreation Capital Improvement Impact Fee In the total sum of $ 40~000.00 , ~hlch $hall be due and payable at ~he time the first Building Permit shall be issued. B.The Road Impact Fee ln, the total sum of $ 90~000.00 _ sha11 be due and payable at the time the first Bulldfng Permit shall be lssued. Section 4. ~11 slgnage no~ contained herein, both and permanent, shall be reviewed and approved by the City Counc£1 by subsequen~ Resolutlono The lnterentlon or ~evle~ of the Plannlng and Zoning Commission or the 51re Plan Review Committee she1 not be required nor shall a public heartng be required prior to adoption of such Resolution. The Identification sign of Narrlott approved £n this Ordinance shall contain the standard Illumination thereof prescribed by the Harrtott chain until 11:00 P~H. Thereafter, set prescribed standard of Illumination shall be reduced by one-half (I/2) after 11:00 P.N. during the ~emaining hours of darkness. -2- 269 Section 5. In the event that this Planned Unit Development shall terminate and not be reinstated by the City Council by subsequent Ordinance, then the use of said lands des- cribed in Exhibit "A" shall be M-I Industrial District. Section 6. All phases of development in the newly created Planned Unit Development shall be completed withln four (4) years from effective date hereof¯ and the owner/developer may obtain an extension of one (i) additional year for good cause shown by approval of subsequent Ordinance. Section 7. All references to Petitioner and/or Developer, together with all requirements provided herein, shall apply to and he binding upon its successors and assigns. Section 8. All Ordinances or parts of Ordinances or any part of the Palm Beach Gardens Code ~n conflict herewith are hereby repealed. Section 9. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS THE PLACED ON SECOND READING THIS THE PASSED A~ ~IS THE ,-/~ DAY OF 19~DAY OF NOVEMBER. 1987. C0~NCILWOMAN VICE-MAYOR ATTEST : , LI.~A/HINO, CITY CLERK CMC COUNCILMAN ¯ 1987. , 1987. 270 E X H I B I T " A " That portion of Sections 1 an~ 12, Township 42 South, Range 42 East, Palm Beach County, Florida, described as follows: Commencing at the Southeast corner of said Section i~ thence North 88"i0’56" West along the Southerly llne of said Section a distance of 256.70 feet to the Southerly prolongation of ~he Westerly line of State Road Department access road as described in Parcel C of the deed recorded in Book 1530 Page 447 of Official Records of said Palm Beach County; thence North 10"13’44" West along said prolongation and said Westerly llne a distance of 228.98 feet to a point South i0"13’44" East a distance of 88.00 feet from the intersection of said-Westerly line with the North line of the South 310.00 feet of said Section i, said point being the POINT OF BEGINNING~ thence South 79"46’16" West a distance of 228.00 feet~ thence South I0=13’44" East a distance of 348.O0 f~tT thence South 79"46’16" West a distance of 411.74 feet to the Easterly line of State Road No. 9 (I-95) ; thence North 24"22~22" West along said Easterly llne distance of 623.98 feet to sald North llne of the South 310.00 feet of said Section I; thence South 88"10’56" East alon~ said North line a distance of 810.05 feet to sald Westerly line of State Road Department access road; thence South i0"13’44" East a distance of 88.00 feet to the POINT OF BEGINNING. Containing 6.586 Acres, more or less. ¯ LIr£ POLE FN0 PRM "KIMLEY HORN" 228-00’ CoNc I S FND NAIL/I) "C & W’" FND PRM "KIMLEY HORN" 5’X5’ Groudd Sign POINT OF BEGIN. SIGN LOCATION PLAN 272 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 SUBJECT/AGENDA ITEM: ITEM OF DISCUSSION - REVIEW OF IMPACTS OF OUTDOOR FATHOM’S RESTAURANT (F/K/A HIBISCUS RESTAURANT) SEATING AT RECOMMENDATION: Staffrccommcnds that the outdoor seating as approved by Ordinance 21, 2000, on October 5, 2000, be allowed to continue. Reviewed by: ~ City Attorney Finance NA ACM NA Human Res. NA Other NA Submitted by: Growth Management Director Appr~ City l~’Ian~ger /" - Originating Dept.: Growth Manage~t Advertised: Date: Paper: [ X ] Not Required Affected parties --[-x--]-N-6tified [ ] Not required Costs: $ Total $ Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#:: Council Action: [ ] Approved [ ] Approved ~a conditions [ ] Denied [ ] Continued to: Attachments: Ordinance 21, 2000 Approved Site Plan Aerial Map Commissioner Marcus Letter 2/11/01; Richard Arnold I.etter 12/20100 [ ] None HISTORY On October 5, 2000, City Council approved Ordinance 21, 2000, that amended the existing Planned Unit Development known as "Hibiscus Restaurant" to allow outdoor seating and service for 13 tables seating 52 patrons on the patio adjacent to the waterway. The restaurant, now named Fathom’s, is located at the northwest comer of PGA Boulevard and Ellison Wilson Road. Ordinance 21, 2000, copy attached, contained six conditions of approval. Condition No. 1 required, in part, that "a review of the impacts of the outdoor seating and/or service operations be made by the City in May of 2001 ." STAFF COMMENTS Code Enforcement Division records show that after receiving a letter of complaint dated December 20, 2000, from Mr. Richard Arnold, 2080 South Waterway, they met with him to concems. His complaint pertained to the lack of screening between the outdoor seating area City Council Meeting Date: May 17, 2001 Date Prepared: April 26, 2001 Page 2 the noise associated with the outdoor dining. Staff verified that the required ficus trees, which were to serve as a screen between the outdoor dining area and Mr. Arnold’s neighboring dock, were not of the proper height, plus a number of trees in the parking lot had been "hhtracked." Action was taken to have those violations corrected, and the restaurant owner complied. Code Enforcement staff was unable to substantiate the level of noise generated by the outdoor dining. To the best of our knowledge, at this time, the restaurant meets all conditions of approval as required by Ordinance 21, 2000. As directed by the City Attomey, those neighbors living on South Waterway Drive have been notified by mail of this meeting. OTHER COMMENTS A letter from County Commissioner Karen T. Marcus dated January 22, 2001, was sent to Mayor Russo in which Commissioner Marcus stated, "...outdoor seating becomes a code enforcement problem when they are directly adjacent to residential uses for both the city and the county. I hope the City will do everything within your power to be sure the property owner adheres to the conditions of approval the city imposed upon them." Recently staff has received additional comments from Mr. Richard Arnold. He stated he enjoys patronizing the restaurant; however, when he is sitting on his dock, he is frequently disturbed by the noise from the restaurant’s outdoor dining area. He would prefer that there be no outside dining at all, but he also believes if no more than four people were allowed to sit at one table, the noise would be reduced greatly. STAFF RECOMMENDATION Staff recommends that the outdoor seating as approved by Ordinance 21, 2000, on October 5, 2000, be allowed to continue. If complaints are received in the future, the activity shall be subject to Code Enforcement review. Jholloman/G:shorffMISC0002 cc discussion 051701 275 ORDINANCE 21, 2000 September 25, 2000 City A¢~orney’$ Language AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE EXISTING PLANNED UNIT DEVELOPMENT KNOWN AS "HIBISCUS RESTAURANT" (FORMERLY BRIDGE CENTER PUD) LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND ELLISON WILSON ROAD, AS ORIGINALLY APPROVED BY ORDINANCE 11, 1995, TO ALLOW OUTDOOR SEATING AND SERVICE ADJACENT TO THE WATERWAY; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens originally approved "The Bridge Center" Planned Unit Development by Ordinance 12, 1986, which approval was subsequently amended by Ordinance 27, 1991; WHEREAS, the City Council approved the construction of a 395-seat restaurant located at the northwest comer of PGA Boulevard and Ellison Wilson Road by adoption of Ordinance I 1, 1995; and WHEREAS, the City has received a petition fi:om PGA-Summers Associates to amend Ordinance 11, 1995, as amended by Ordinance 37, 1997, and Ordinance 19, 1998, by repealing and replacing Condition No. 1 in Section 3 of Ordinance 11, 1995 to allow outdoor seating and service; and WHEREAS, the petition is consistent with the City’s Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Ordinance 11, 1995, as amended by Ordinance 37, 1997, and Ordinance 19, 1998, to allow outdoor seating and service at the Hibiscus Restaurant. SECTION 2. Said amendment to the Planned Unit Development is hereby approved subject to the following conditions that shall be the responsibility of the applicant, its successors and/or assigns: 276 Ordinance 21, 2000 September 25, 2000 Page 2 of 4 o Condition No. 1 of Ordinance 11, 1995, shall be repealed in its entirety and replaced with the following condition: Outdoor seating and/or service with 52 seats at 13 tables shah be allowed only 6n the westernmost patio adjacent to the waterway, but shah not be allowed for any vessel docked on the intracoastal waterway. This provision shah not preclude service on the patio or in the restaurant to patrons arriving by boat. This approval may be revoked by the City Council in its absolute discretion and without recourse by the petitioner, its applicants, successors, or assigns based on complaints from adjacent property owners that the noise from the outdoor seating and~or service is interfering with the use and enjoyment of their property(ies). The City Council shall grant the restaurant operator an opportunity respond to the complaints.prior to revoking such approval. A review of the impacts of the outdoor seating and/or, service operations shall be made by the City in May of 2001.. Thd approval of outdoor seating set forth herein shall be automatically revoked shouM the lessee at the time of this approval (The Breakers) cease to operate a restaurant at the site. (Code Enforcement, Planning and Zoning) 2.All conditions of Section 104, Outdoor Seating, of the City Code shall be applicable. (Code Enforcement) 3.All existing ordinances and resolutions concerning this project shall remain in full force and effect unless specifically modified herein. (Development Compliance) 4.The outdoor seating areas shall be in compliancewith the City’s Noise Ordinance regulations. (Code Enforcement) 5.Nine 30" planter pots with eight-foot high ficus trees shall be installed permanently as a screen on deck and walkway according to site plan dated August 16, 2000. (City For.ester) 6.This approval shall remain valid so long as tiie "primary use remains a food service establishment. At such time as the use changes, a new approval shall be required. (Code Enforcement) SECTION 3. This outdoor seating amendment shall be in compliance with the following plan on file with the City’s Growth Management Department. This plan shall supercede the plan with the same title approved by Ordinance 11, 1995 (all other plans remain unchanged): August 16, 2000, Site Plan for The Hibiscus Restaurant, by Michael Redd & Associates, P.A., 1 sheet. :. SECTION 4. This approval expressly incorporates and is contingent upo.n representations made by the applicant or applicant’s agents at all workshops or public hearings pertaining to this project. 277 Ordinance 21, 2000 September 25, 2000 Page 3 of 4 SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this ordinance. SECTION 6. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent o f such conflict. SECTION 7. This Ordinance shall be effective upon date of adoption. PLACED ON FIRST READING THIS 29 ~ DAY OF JUNE, 2000. PLACED ON SECOND READING THIS 5 th DAY OF October, 2000. 5th DAY OF October, 2000. COUNCILMAN CARL SABATELLO -- ~0UNCII ~ DAVID ,CLARK ATTEST: CAROL GOLD BY: C1T~LERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY 278 Ordinance 2 !, 2000 September 25, 2000 Page 4 of 4 ¯ MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK g:short ~ange: MISCO(X)2.ord *a rdng 4~ clean AYE NAY ABSENT oo 279 8 ’1 ~oo~INTRACOASTAL WATERWAY F "7"~’~_. m A A ¯ PAVE]~S 0412612883. 12:31 563.6868118 De.tuber 20, 2000 CITy.O~. PALM BEACH GARDENS P .ALM.’.BEACH.GARDENS, FL. 33410 ATTENTION MAYOR RUSSO: IN SEPT -.EMBER OF THIS ,YEAR, YOUR CITY"COMMISSIONERS CONDmON#~ :!_,y ¯ APPROVED 13 TABLES FOK OUTDOOR DINNING FOK THE BREAKERS.. - RESTA -URANT, I’M SURE YOU REMEMBER TI-IE iSSUE. I EIOPE YOU P~MEMBER A~PART oF THE CONDmONAL APPROVAL THE. RESTA~ WAS ~UPPOSED " T.O.PL:ACE 9 FICUS .TREES IN 30INC.H POTS ALONG THE SEAWALL TO.GIVE THE NEIGHBORS THEm PRIVACY. THE RESTAURANT OPENED ON DEC.2 u° AND THE " F~CU$.~Es ARE NOT THERE. I CALLED CODE ENFORCEMENT ON DEC.3m’ .AND: A, NICE LADY TOLD ME SHE WOULD INVESTIGATE AND GET BACK TO MEI. .AS. 0FTODAYS DATE I’VENOT HEARD FROM ANYONE! WILL YOU. PLEASE HELP ME. I.WII:t~ALS"0 ADD THAT THE RESTAURANT IS ADISTRACTION TO ,TFIE ¯" ¯ ENiO.yMF~T OF MY HOME. THE NOISE LEVEL IS ANNOYING ESPECIALLY oN’" .T~.." "WE~S. WHEN THEYHAVE SPECIAL EVENTS UPSTAtRS W’..I~H i00-300’ ...."-~!’ PEOPLE:IT GETS MUCH WORSE. ON SEVERAL OCCASIONS I’VE HAD--T..O.LEAVE ’ ¯ . " MY Obj.. OOR ENTERTAINMENT AREA AND ST-AY INDOORS.’~-i IF ~You~ .V~ NOT HAD THE PLEASURE’OF’DINNING TI-I~RE, YOU OWE IT TO .. " y0"..LPfl~S .ELF. THE FOOD IS TERRIFIC, THE SERVICE AND MANAGEMENT IS " V~... Y PR..OFESSIONAL AND THE DECOR IS MUCH IMP.ROVED, ON ~ 0 .THER HABD, PLEASE CONSIDER TI-IIS MY FIRST OFFICIAL- COMPLAINT, I EAGERLY AWAIT YOUR REPLY,.. ¯ .~..~.. ¯: -. aoiw w rERwAY .:¯ 04/26/2881 5515868118 STATE FARM INSURANCE PAGE 82 January 22, 2001 T, he Hqnorable Joe Russo, Mayor,ity of.iPalm:i.B~a.’ch Gardens ¯ -" : .." . 10S00 N.. Mil{~Tral~" Palm Be+ach~ar~dens, FL 334"10-4699 ." _ _ \...|~- -- . . .In.~’~~en~/ber, I was copied on a letter addressed to you from I~lchard Ar.tlold -regari::liltg.the Breakers Restaurant, (copy atl;a~hed)-, My office has been iO(~o, nta~ wit.h i:Mal’k :Herr¢lrlcl~son regarding.the comp.laint. I understand from Mark..that he-ha~; ¯ ?forWatd~ l~is .f.ecommendatlons to the CitY’S Code Enforcement Division. Howe.ver; ~is Of Jat~Oa.r~.19 no: notice of violation was issued to the property owne.r,. - " . ~oLI.:i~laV irecall the residents adjacentto¯ l~he res.tauranl: were OppoSed t~O..the , outdoer"$(~a~;i .1~ because of l:he noise, As l had ~ated In a previotls .letter/outdoor ing :b~comes .a code enforcement problem When thev, are dlrecttvad.jacel.lt to ¯ nt.ial..u~es for both the city alld the county. I hope the City wilt do. everything. within: ~fO.U~ :power to be ~;ure the property owner adheres to l;he cOl~dltions. Of approva|"the.:ci .ty imposed upon them.. 1 hope:.that you will give mv concernsYour ~erious.cons[deration, "..i. " ;;;:. i;:..; RTMTpW ..’.... ¢:. ¯Marcus¯cpunt~commissloner RI .cl3ard Arnold ~’.O. Box 1989 "An Equal Opportunity Affirmattv.e Action Employer" West Palm Beach, Florida334bz-1989 .1561.1"355-2001. wl~w.co.pa|m-beach:fl-~s Fax: (561| 355-3.990 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Subject/Agenda Item: Discussion: Unit 2 Drain.acje Recommendation/Motion: Provide direction based on the information Meeting Date: May 17, 2001 Date Prepared: May 17, 2001 )resented. Reviewed by: City Attorney Finance Other Originating Dept.: Planning Division Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: ,~ N/A Total $ N/A Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved w/conditions [ ] Denied [ ] Continued to: Attach ments: Ord. 4, 2000 (San Mich.) Ord. 28, 2000 (Isles) Northern Schedule TBM Objection (Briger) [ ] None BA( As the City Council may recall, the approvals for the San Michele and the Isles included specific conditions that require the following prior to development: (1) the Surface Water Management System for Unit 2 is approved; (2) a schedule of implementing the plan is proposed; and (3) definitive commitment for funding is made. This is reflected in Condition No. 18 in Ord. 4, 2000 for San Michele and Condition No. 9 in Ord. 28, 2000 for the Isles. The Conceptual Permit for Unit 2 was issued by the South Florida Water Management District (SFWMD) on May 11, 2001, meeting the Condition 1 mentioned above. However, on May 10, 2001, the SFWMD received a letter from Mr. Charles Lubitz, representative for the Briger Tract, indicating their intent to review the Unit 2 application, and therrfore, reserve the right to object. Should Mr. Lubitz file an objection, then the application will be deferred to an Administrative Hearing. Please be advised that all appropriate parties were well advised about the plans for Unit 2 during the planning phase. City staff feels confident that the Unit 2 application will prevail. However, the possibility of an Administrative Heating may set back the original Unit 2 schedule until this challenge by the Briger party is resolved. Northern Palm Beach County Improvement District (Northern) has been working diligently on the Unit 2 permit with a favorable vote from the SWWMD. As enclosed, Northern has proposed a complete schedule and funding mechanism fo} the implementation of Unit 2. Staff is asking clarification from the City Council that the spirit and intent of the condition has been met due to the earnest efforts by Northern, as the minor delay for the final implementation of Unit 2 is not due to the cause by the developers, SFWMD or Northern. Northern Palm Beach County Improvement District Unit of Development No. 2A May 14, 2001 1.S.F.W.M.D. Conceptual Permit Issued May 11, 2001 2.Briger threatens to file objection 3.Project Schedule 4.Project Finances 5.Interim Development Program Northern Palm Beach County Improvement District Schedule of Events Unit of Development No. 2A May 11, 2001 Event Public Hearing on Unit Formation Northem’s Board adopts P.O.I. Resolution Submit P.O.I. To S.F.W.M.D. for comment Public Hearing on P.OJ. Northem’s Board authorizes Engineer’s Report Mock Roos delivers Engineer’s Report to Northern Receive comments from S.F. W.M.D. Public Hearing on P.O.I. and Engineer’s Report 30 day appeal period on adoption of Plan & Report Validation Hearing 30 day appeal period on Validation Order Bond Issue Closing Date June 27, 2001 July 25,2001 ;~" July 26,2001 August 22, 2001 August 22, 2001 August 29, 2001 November 1, 2001 November 28, 2001 December 28, 2001 March 6, 2002 April 6, .2002 April 10,2002 Northern Palm Beach County Improvement Distdct Unit of Development 2A Conceptual Cost Estimate Unit Formation thru Construction Documentation S. F.W.M.D. Conceptual Permit $ Legal Advertisement, Unit Formation $ Plan of Improvements $ Engineer’s Report $ Design Phase Services $ S.F.W.M.D. Construction Permit $ Bidding Phase Services $ Loan Expense $ 125,304.00 16000.00 9 255.00 4 650.00 311 080.00 34 400.00 6 160.00 43 151.00 550 000.00 Northern Palm Beach County Improvement District Unit of Development 2A Unit Cost Allocation (Includes Briger Tract) Projects by Basin BASIN 1: Catalfumo The Isles (DWosta) WCI Parcel 4 BASIN 2A: . Parcels 4.02/4.04 BASIN 2B: Parcels 4.07A/4.07B (DiVosta) BASIN 2C: PBG Park Parcel 31.03/31.04131.05 Parcel 31D BASIN 2D: PB Community Church Parcel 31C BASIN 3A: Briger Tract Benjamin High School Parcels 4.01/4.10 BASIN 3B: Bdger Tract San Michelle Parcels 31.06/31.07 BASIN 3C: WCI Parcel 31A BASIN 3D: WCI Parcel 31A TOTAL Acreage Allocation Expense 86.3 ac 2.97%$ 16,325 179.9 ac 6.19%$ 34,031 366.0 ac 12.59%$ 69,235 45.4 ac 1.56% $ 8,588 114.5 ac 3.94% $ 21,660 115.0 ac 3.96%$ 21,754 220.0 ac 7.57%$ 41,617 70.0 ac 2.41%$ 13,242 47.1 ac 1.62% $ 8,910 41.9 ac 1.44% $ 7,926 348.0 ac 11.97%$ 65,830 51.7 ac 1.78%$ 9,780 21.6 ac 0.74%$ 4,086 505.0 ac 17.37%$ 95,529 64.5 ac 2.22%$ 12,201 43.4 ac 1.49%$ 8,210 430.0 ac 14.79% $ 81,341 157.2 ac 5.41% $ 29,737 2,907.50 .. ac 100%. . $-~ 550,000 Northern Palm Beach County Improvement District Unit of Development 2/2A Unit Cost Allocation (Excludes Briger Tract) PROJECTS BY BASIN Acreage Allocation Expense BASIN 1: Catalfumo 86.3 ac 4.20%$ 23,103 The Isles (DiVosta)179.9 ac 8.76%$ 48,160 WCI Parcel4 366.0 ac 17.81%$ 97,980 BASIN 2A: Parcels 4.02/4.04 45.4 ac 2.21% $ 12,154 BASIN 2B: Parcels 4.07A/4.07B (DiVosta 114.5 ac 5.57% $ 30,652 BASIN 2C: PBG Park 115.0 ac 5.60%$ 30,786 Parcel 31.03/31.04/31.05 220.0 ac 10.71%$ 58,895 Parcel 31D 70.0 ac 3.41%$ 18,739 BASIN 2D: PB Community Church 47.1 ac 2.29% $ 12,609 Parcel 31C 41.9 ac 2.04% $ 11,217 BASIN 3A: Bdger Tract 348 ac $- Benjamin High School 51.7 ac 2.52% $ 13,840 Parcels 4.01/4.10 21.6 ac 1.05% $ 5,782 BASIN 3B: Bdger Tract 505 ac $- San Michelle 64.5 ac 3.14% $ 17,267 Parcels 31.06131.07 43.4 ac 2.11% $ 11,618 BASIN 3C: WCI Parcel 31A 430.0 ac 20.93% $ 115,113 BASIN 3D: WCI Parcel 31A TOTAL 157.2 ac 7.65% $ 42,083 2,054.50 ac 100% $ ~550,000 PLan of Improvement and Design Phase Services Control Structures Modification and Operable Gates Unit 2A (Our Ref No. N0200.AI) 1 5 6 7 8 9 Activi~/Description i~|~ ~~. ~irnprovement Repo~ Introddctlon Legal~, Exhibit ~’i~;~ai r~o~m~;nts Mainte.’ nsnce Responsibilities Methc~ds of Financing Re~ndations Exhibits Meeting Final Coord. WMP En__gl__nrers Report Total Hours Estimated Cost Design Phase Services 11 R~V~w~ permit and existing Plans 12 OverAll Site Plans 13 Str. No. 1 - Modify existing Structure A1A/EPB-3 14 Str. No. 2 - Replace culverts Hood Rd/EPB-3 15 16 17 18 19 Str. No. 3 - Replace culverts EPB-3D/Banyan St[.__N,o. 4 - Replace control str at M.ilitary/EPB-3A __ S_!r_._N,_o. 5 - Replace control str at Military/EPB-3B ___S_~_r: ._N,o. 6 - Replace control str at Military/EPB-3C Str. No. 7 - Replace control str at Military/EPB-3D 20 Str. No. 8 - Control str at Central Blvd/EPB-3A 21 Stro No. 9 - Control str at Central BIvd/EPB-3B 22 Str. No. 10 - Control str at Central Blvd/EPB-3C 23 S~-~o. ~ ~ Control str at Central Blvd/EPB-3D 24 Str. No. 12 - 30" RCP from Briger Tract at EPB-3A 25 ~13 - 36" ~ from Bdger Tract at EPB-3B 26 Str. I~o. 14 - 60" RCP under Hood Rd 27 ~o. 15 - Remove structure in Westwood Lakes 28 ~-~ 16 - 48" Riser Westwood Gardns to Parcel 31A ~§Str. I~1o. 17 - 42" Riser from Turnpike to Parcel 31A 30 :laisil Hood Road -~-~l~-s~r~ Divide Berms 32 Site !nspections -~- Cons.’truction Activities/Phasing Plans : 34 Coo~ w/City of Palm Beach Gardens 35 Coor~d wl Data Flow, Inc. 36 Coor~d w/HONParcel Developers 37 _S_p!l~Testing .._ _ 38 Electrical Services S_ub.~otal Hours Estimated Cost Perm’ itting 40 Pr___e_~ubmittal meeting with SFWMD 41 Produce SFWMD Permit Modification Application _Op_eFabng Cntena 43 Produce SFWMD MOU 44 Comments letter from SFVVMD 45 PBq Permitting for Raising Hood Road Su_~T_o~tal Hours Estimated Cost i~tra~t~__.L_ Document and Bidding Phase* -~i~ ~.~bi~ Bid Package 47: SpeCifications 48 Boil.~r Plate and Contract 49 Coo.i’d w KWE 5O 51 52 Adv,~rtise for Bids/Bidding Coo.~d w/Contractors Addenda -~ ~W~--~d Award Evaluation 54 Aw~ird/Agreement Coord. W/selected Contractor --~,~-J~ Noti~ to Pro~ed ~ ~0tai Houm Proj.ect Managementl Engineering Survey!_ng Clerical/Admin . . ...........1 ......1 1 .......1 2 5 2 1 3;2 2 16’2 3 ~! ..........2 3 41 2 2 4~12 3 2 20 " 15 4 12 38 55 9 37 $ 4,560 $ 4,950 $ 810 $ 1,665 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5~ 20 5 2 2O 4 30 0 16 213 $ 25,560 $ 30 2 5 4 "8 2 29 $ 2,900 $ Cadd.Tech Consultant Fees SubTotal t ........... |[ $[ 255 8 ....$ 1,320.............$_ ............... $ [1,770 I ’$I 810 .....................:::::::::::::::::::::::::::: 24 $I 2,580"$I 540 $:1 4,650 ~| _$ .......J,.9_.2.9 ................................~- ..........L-’~:~uu~.,- ..... 4,050 20 21_20 $ ._l..~0 20 .....2 20 $ 5,000¯ $ ......~ 8,690 10 1i 10 $ 7,500 $’[ 9,645 15 1 10 $i I 2,595 25 $ 2,700.00 2 20 $ 5,000 $ !111,840 25-$ 2,700.00 ~20 $ 6,500 .$ !113,340 25 $ 3,750.00 2 20 -$ ............ 255 4,000.00 2 20 $ 5,000 $ 25 $ 2,700.00 2 ....20 $ 2,500 $ 25 $ 2,700.00 2-20 $ 2,500 $ 25-~ 3,750.00 ~ .....20 $ 2,500 $ -2~ $ 4,000.00 ~ .....~6$2,500 $ 10 $ 2,000.00 ’i ....1~ .....$ 10 $ 3,700.00 1 15 $ 10 --1 15 10 ....1 15 15-$ 3,500.00 1 15 !~ .......’ 15 $ 5,300.00 t .......i~ "’$ ~ $ 3,300.00 4 60 $ ~0$ 64,000.00 ....~40 $ 15 ........1 0 $ 12 1 12 $ 40 6 ....20 $ 25 ......~2 $ 80 ......26 50 $ 0 0 0 $ 25,000 $ 25 2 16 $ 707 74 516 $ 63,630 $108,100.00 $ 3,330 $ 30,960 $ 79,500 $ 15 4 65 $ 5,850 $$ Total Estimated 1 2 4 _!3 01 8 1 4 2 5 1 1 1 0 4 12 $ 23,700.00 6-3, 3 18 19 810 $ 1,140 $ 23,700 $ 4 1 (~3 ~-1 1 4 3 6 1 12 40 $ 1,440" "$-~- 37120- $ :113,140 il 9,340 ;I 9,340 !110,390 110,640 j 4,445 ! 6,145 :r 2,445 i 2,445 ¯ 6,395 8,195 114,730 176,090 / 2,085 ] 7,470 :L 3,030 114,700 :[ 25,000i~g,o00 - 5,220- :311,080 :31 ~,080 :1 T [ 34,400 30 5 1,320--$~’280 $~ Engineering Cost 6;160 :[351,646 Unit_2a POI-ROE-DPS-estimate BOOSE C£SEY CIKLIN Fax : 561-820-0381 Nag 10 ’01 15:07 P. 02 ~M, JAy HUNSTON, RICHARD A. ,JAROLF..H BRb~,N ~. JO~LYN, ~U~ C. ~UR~NO DONNA L. H O~;~ LO~ CHAR~ A. LU81~, ~.A. RICH~O L. HARTEN~. P.A. LOUIS R. HCBANE, P.A. ~RIAN H. PH[~ O. O’CONNE~, P.A. ~N VEOOSEN, P,L. ~OHN R, YOUNO, ~ay 10, 2001 Via Certified Mail, Return Receipt Requested and Via Fax #561-682-6896 Jennifer Krumlauf, Deputy Clerk South Flor{d~ Water Management District P. O. Box 24680 West Palm Beach, FL 33416-4680 Addendum to Staff Report Dated April 25, 2001 Application No. 991124-1, Northern Palm Beach County Improvement District - Unit 2 Palm Beach County, $25,26, 29, 30, 35/T41S/R40E S1, 2, 6, 31., 32, 36/T42S/R41E Dear Ms. Krumlauf: We are attorneys for The TBM General Partnership who is the owner of property situate in Unit 2 of the referenced District. Our client has provided to us a copy of the letter sent to them on May 8, 2001 from the South Florida Water Management District. The letter makes reference to the Governing Board considerin,g a staff report at a meeting to be held today. The purpose of this letter is to advise that neither our elien~ or ourselves have had an opportunity to fully review the Staff Report that is subject to the Addendum. Accordingly, on behalf of The TBM General Partnership, you are advised that it reserves any and all rights it may have to provide objections or petitions concerning the same. Fax:561-820-0381 Ma9 10 ’01 15:08 P.03BOOSECQSEY CIKLIN May l0,200i Page 2 Our client will undertake its review as expeditiously as possible and upon completion of same will advise of its determination. Thank you. Very truly yours, Charles A. Lubitz CAL/Icw ce:David Mink.in Peter Pimentel, NPCID (Fax #561-624-7839) Ordinance 4, 2000 Date Prepared:, May 22, 2000 ORDINANCE 4, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF FOREST LAKE ASSOCIATES, L.C. FOR REZONING OF 64.47 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND HOOD ROAD AND MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) RESIDENTIAL - LOW DENSITY 3 (RL-3) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER CONSTRUCT 90 SINGLE-FAMILY HOMES; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Forest Lake Associates, L.C. for approval for rezoning of 64.47 acres of land located at the northwest corner of the intersection of Central Boulevard and Hood Road, to Residential - Low Density 3 (RL-3) with Planned Unit Development (PUD) oveday as more particularly described Exhibit "A" attached hereto; WHEREAS, the 64.47-acre site is currently zoned Planned Development Area (PDA); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and ¯ WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "San Michele"; and WHEREAS, the City’s Planning and’-Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. 15 Ordinance 4, 2000 Date Prepared: May 22, 2000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Flodda hereby rezones 64.47 acres of land owned by Forest Lake Associates, L.C. located at the northwest comer of the intersection of Central Boulevard and Hood Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Residential - Low Density (RL-3) with a Plann;~,d Unit Development (PUD) oveday, in order to allow the construction of single-family homes. The PUD will be known as "San Michele." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the. responsibility of the applicant, its successors or assigns: Prior to the issuance of the first building permit, the applicant shall submit a gopher tortoise relocation and management plan that is acceptable to the City and the City’s Consulting Environmental Consultant. (Pla.n. ning & Zoning) Prior to the issuance of the 45~ house building permit, the applicant, successors or assigns shall ;install and maintain in perpetuity, the Parkway System (including landscaping and related amenities to City specifications, in the road shoulders and median within the right-of-way) along Hood Road and Central Boulevard, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. (City Forester) Prior to the issuance of the 45th house building permit, the clubhouse and pool recreation area shall be. completed. (Planning & Zoning) Prior to the adjacent lot wall/fence being installed or constructed on the northern and western boundaries of the site, all perimeter buffer landscaping or preserve restoration, exotic plant removal and/or enhancement work shall be completed. (City Forester) Prior to the issuance of the first certificate of occupancy, the applicant shall submit the Homeowners Association (HOA) documents to the City for reviewby the City’s legal counsel and the City Forester. The open space/landscape maintenance and environmental preserve management plan will also have to be found sufficient by the City Forester pdor 16 o o 11. Ordinance 4, 2000 Date Prepared: May 22, 2000 to final approval of construction drawings or commencement of land alteration. The City shall review the HOA documents for maintenance and management language that meets or. exceeds the City’s guidelines included in the City’s Landscape Handbook and City Codes. (Planning & Zoning) The Home Owners Association (HOA)0 as required by the HOA documents, shall maintain landscaping and irrigation within the medians and road shoulders along the entire length of the development of Hood Road, Central Boulevard and the future road along the northem boundary, in perpetuity, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. The applicant, successors and assigns shall be responsible for one half of the maintenance obligation for the portion of the median installed by Gardens Presbyterian Church. The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. (City Forester) The security gates shall be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). (Fire Department) The applicant shall return to the Planning and Zoning Commission and City Council, for approval of the site plan and building elevations for the proposed clubhouse, the landscaping details for the clubhouse, detailed park site and landscaping plans, and the elevations of the all signs. This approval shall be done as a miscellaneous petition, and shall not require public hearings. (Planning & Zoning) Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. (Parks & Recreation) There shall not be any man-made berming or non-native vegetation within the perimeter open spaces/parkway areas that are platted as preserves. (City Forester) No land clearing, other than exotic invasive vegetation, shall occur prior to the posting of a surety bond for the preserves and off-site landscaping. The amount of said surety bond shall 17 15. 16. Ordinance 4, 2000 Date Prepared: May 22, 2000 be determined prior to said land clearing. (City Forester) 12.Pursuant to Article III, Section 114-71, entitled "Required Subdivision Improvements", prior to the issuance of the first building permit for vertical construction, the applicant shall be required to post a bond for the project landscaping/buffer and entry feature. In order to determine the cost estimate for the bond, detailed landscape plans shall be completed, reviewed and approved by the City Staff, including the City’s Environmental Consultant. Where wetlands are beihg converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum- planting plans for a specific area maybe approved. The applicant shall relocate native vegetation from on site to, and/or install native nursery stock in the north, south and east parkway/preserve areas to screen (at a minimum) 50% of the eight-foot interior wall around the project. (Planning & Zoning) 13.Prior to the issuance of the final certificate of occupancy, the applicant, successors or assigns shall provide a bus stop pull- off and shelter completely out of the right-of-way or a bus stop tum around in front of the access control point. The size and location of the school bus stop shall be coordinated with the City of Palm Beach Gardens, Palm Beach County; and the School District. The applicant shall be relieved of this responsibility if the Palm Beach County School Board will allow their buses to enter this community to ,pick up students at the community center. (Planning & Zoning) 14.The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) The HOA shall maintain all lakes on the site. (Planning Zoning) Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 17.Rear elevations of all units located along public rights-of-way shall be enhanced with the use of stucco banding, window treatments, and architectural detailing compatible with the architectural characteristics of the front elevations of the 18. 19. 20. Ordinance 4, 2000 Date Prepared: May 22, 2000 homes. (Development Compliance Officer) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water’ Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable govemments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) The build-out date of this project is December 31, 2004"as referenced in the March 29, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built-out if all building permits have been issued and the applicant is actively engaged in the development of the site. (Planning & Zoning) Prior to issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted within wetland trees and/or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three-foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer and Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1.Maximum building lot coverage - Section 118-200(e), which allows a maximum building lot coverage of 35%, to allow for up to 40% building lot coverage. Minimum width for parking spaces - Section 118-475(a), which requires 10-foot wide parking, spaces, to allow for 9-foot wide parking spaces at the recreation facility. Maximum height for walls - Section 118-279(f)(1) which allows a maximum wall height of 6 feet, to allow for an 8-foot wall. Minimum side setback facing a street - Section 118-200(g)(3) which requires a minimum setback of 20 feet for structures facing a street, to allow for a 10-foot setback. Minimum side setback - Section 118-200(g)(2) which requires 19 Ordinance 4, 2000 Date Prepared: May 22, 2000 o a minimum setback of 7.5 feet for the 75-foot wide lots on site and 9 feet for the 90-foot wide lots on the site, to allow for a 5- foot setback. Minimum rear setback - Section 118-200(g)(4) which require~ a minimum setback of 10 feet for all vertical structures, to allow for a 5ofoot setback. The use of specialty pavers - the code does not address the use of specialty pavers which means that they are not permitted; therefore the applicant requests a waiver for the use of specialty pavers in certain areas of the site, in place of the City’s regular pavement requirement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-1 (1 sheet total). May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-2 (1 sheet total). May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-3 (1 sheet total). November 24, 1999 Entrance Landscape Plan, Parker ¯ Yannette Design Group, Sheet L-1 (1 sheet total). May 19, 2000 Recreation Area Landscape Plan, Parker ° Yannette Design Group, Sheet L-2 (1 sheet total). October 29, 1999 Plant List, Specifications and Details, Parker ¯ Yannette Design Group, Sheet L-3 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-4 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-5 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-6 (1 sheet total). May 19, 2000 Plant List, Urban Design Studio, (1 sheet total). May 19, 2000 Streetscape Plan, Urban I~esign Studio, Sheet L-7 (1 sheet total). May 19, 2000 Streetscape Plan, Urban Design Studio, Sheet L-8 (1 sheet total). 2O 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Ordinance 4, 2000 Date Prepared: May 22, 2000 October 29, 1999 Median Legend & Detail Sheet, Urban Design Studio, Sheet L-9 (1 sheet total). May 19, 2000 Recreation Center Lighting Plan, Urban i~esign Studio,. Sheet L-10 (1 sheet total). November 24, 1999 Entrance Hardscape Plan, Parker ¯ Yannette Design Group, Sheet H-1 (1 sheet total). October 29, 1999 Entrance Hardscape Plan, Parker ¯ Yannette Design Group, Sheet H-2 (1 sheet total). November 23, 1999 Guard House Elevations, Wessel Associates Al~k, Sheet A1 (1 sheet total). May 19, 2000 Upland Preserve Map, Urban Design Studio, (1 sheet total). February 19, 1999 Boundary and Topographic Survey, Bench Mark Land Surveying & Mapping, Inc., (2 sheets total). March 3, 2000 90’ Parkway/Upland Preservation Plan A-A’, Urban Design Studio, (1 sheet total). March 3, 2000 90’ Parkway/Upland Preservation Section A-A’, Urban Design Studio, (1 sheet total). March 3, 2000 8’ Buffer Plan with 20’ Proposed FPL Easement B-B’, Urban Design Studio, (1 sheet total). March 3, 2000 20’ Buffer Section B-B’, Urban Design Studio, (1 sheet total). March 6, 2000 60’ Central Boulevard Buffer Plan C-C’, Urban Design Studio, (1 sheet total). March 6, 2000 60’ Central Boulevard Buffer Section C-C’, Urban Design Studio, (1 sheet total). March 6, 2000 100’ Upland Preservation Plan D-D’, Urban Design Studio, (1 sheet total). March 6, 2000 100’ Upland Preservation Section D-D’, Urban Design Studio, (1 sheet total). March 6, 2000 90’ Parkway/Upland Preservation Plan E-E’, Urban Design Studio, (1 sheet total). March 6, 2000 90’ Parkway/Upland Preservation Section E-E’, Urban Design Studio, (1 sheet total). March 6, 2000 100’ Upland Preservation Plan F-F’, Urban Design Studio, (1 sheet total). March 6, 2000 100’ Upland Preservation Section F-F’, Urban Design Studio, (1 sheet total). March 6, 2000 10’ Buffer Plan with 20’ FPL Easement G-G’, Urban Design Studio, (1 sheet total). March 6, 2000 10’ Buffer Section with 20’ FPL Easement G-G’, Urban Design Studio, (1 sheet total). 21 Ordinance 4, 2000 Date Prepared: May 22, 2000 34. 35. 36. 37. 38. May 19, 2000 Wall and Fence Location Map, Urban Design Studio, (1 sheet total). March 6, 2000 Typical Cul-De-Sac Planting (North ’End), Urbap. Design Studio, (1 sheet total). March 6, 2000 Typical Cul-De-Sac Planting (South End), Urban Design Studio, (1 sheet total). March 29, 1999 Traffic Impact Analysis for Frankel Residential (Parcel 4.08), Kimley-Hom and Associates. May 19, 2000 Conceptual Parks and Landscape Enhancement Pla~s, (1 sheet total). SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 3rd DAY OF FEBRUARY 2000. PLACED ON SECOND READING THIS M/~~S~EP~I R. RUSSO I DAY OF_~ VICE MAYOR ERIC JABLIN COUNCILMAN CA~ ~L SABATELLO DAY OF/~¢<~., 2000. 2000_= 22 ATTES,~Y: CAROL GOLD (~ INTERIM CITY CLERK APPROVED AS TO LEGAL CITY ATTORNEY VOTE:AYE MAYOR RUSSO . VICE MAYOR JABLIN COUNCILWOMAN FURTADO ,..-" COUNCILMAN CLARK COUNCILMAN SABATELLO g~ohn:pud9903.or6 Ordinance 4, 2000 Date Prepared: May 22, 2000 NAY ABSENT 23 Ordinance 4, 2000 Date Prepared: May 22, 2000 EXHIBIT "A" LP, GAL DES~ON PARCEL ON CENTRAL BOUt FVA.RD A PARCEL OF LAND LYING IN SECTIONS 25 AND ~6o TOWN,SHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICUI.N~y OESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD WITH THE WEST RIGHT-.OF=WAY UNE OF CENTRAL BOULEVARD; THENCE‘ SOUTH 00’48’04" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 3605.06 FEET FOR A POINT OF BEGINNING. oo THEN.CE, CONTINUE SOUTH 00°48’04 " WEST, ALONG SAID WF_.~T RIGHT-OF-WAY LINE, A DISTANCE OF. 1657.97 FEET TO THE IhrrERSECTION .THEREOF WiTH THE NORTH LINE OF SAID SECTION 36; THENCE CONTINUE SOUTH 00°48’04 " WEST, ALONG SAID. WEST RIGHT-OF-.WAY LINE, A DISTANCE OF t892.07 FEET TO THE INTERSECTION THEP, EOF WITH THE NORTH RIGHT.OF-WAY LINE OF HOOD ROAD; THENCE, NORTH 88°08’02 " WEST, ALONG.SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 958.57 ~ TO THE INTERSEGTION THEREOF WITH THE WEST LINE OF SAID SECTION 86; THENCE, NORTH 00°41~04" EAST, ALONG ~AID WE~T UNE OF SECTION ~ A DISTANCE OF 1862.92 FEETTO THE NORTHWF~T CORNER OF SAID SECTION 36; SAID NORTHWEST CORNER ALSO BEING THE SOUTHWES"T CORNER OF SAID SECTION 25; THENCE, NORTH 01"17’32" EAST, ALONG THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 1669.36 FEET; THENCE, :SOUTH 89’1-1;56" FAST, DEPARTING SAID WEST LINE OF.SECTION 25, A DISTANCE @F g4.E’E5 FEET TO THE POINT OF BEGINNING. 24 October 2, 2000 ORDINANCE 28, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM DIVOSTA AND COMPANY FOR A PLANNED UNIT DEVELOPMENT BY APPROVING THE CONSTRUCTION OF 379 RESIDENTIAL UNITS, A 5,300 SQUARE-FOOT TOWN CENTER, A 1,600 SQUARE-FOOT SWIMMING POOL, 4 TENNIS COURTS, AND A 400 SQUARE-FOOT MAINTENANCE BUILDING LOCATED AT THE SOUTHEAST CORNER OF MILITARY TRAIL AND HOOD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERAB~LITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from DiVosta and Company for approval of a planned unit development located at the southeast comer of Military Trail and Hood Road, in order to construct 379 residential units, a 5,300 square-foot town center, a 1,600 square-foot swimming pool, 4 tennis courts, and a 400 square-foot maintenance building on the 180-acre site, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 180-acre "Isles" site is currently zoned Planned Development Area (PDA); and WHEREAS, the applicant is requesting the site to be rezoned to ¯ Residential Low Density 3 (RL-3) with a Planned Unit Development (PUD) oveday; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and . W.HEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as the Isles; and 17 Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petitlon PUD-99-08 WHEREAS, the City’s Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the "Isles" PUD at the southeast comer of Military Trail and Hood Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the construction of 379 residential units, a 5,300 square-foot town center, a 1,600 square-foot swimming pool, 4 tennis pools, and a 400 square-foot maintenance building. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1)The applicant, successors, or assigns shall be responsible for the installation and maintenance of the landscaping (including irrigation, electricity, mastarm lighting, crosswalk pavers, and overhead power) in the medians and along the road shoulders of Military Trail and Hood Road for those sections of roadway adjacent to the Isles Planned Unit Development (PUD). The landscape plans for Military Trail and Hood Road shall be prepared by the applicant based on the City Roadway Beautification Master Plan, when said is adopted by the City. The Military Trail landscaping shall be installed prior to the " 190~ certificate of occupancy. Prior to the last certificate of occupancy, the Hood Road landscaping shall be installed, or an escrow account established by the applicant to be used by its successors or assigns to complete the project. The City shall require, as a condition of approval of any new project located west and north of the Isles PUD, that such new project shall bear its proportionate share of the cost of the continued maintenance of Military Trail and Hood Road. In the event a special district is formed by the City of Palm Beach Gardens, or another entity, pertaining to the landscape maintenance of Military Trail and/or Hood Road, them the "Isles" home owners association shall automatically become a member. This condition may be amended at any time by a.separate agreement between the applicant and the City of Palm Beach 18 o~ Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUO-99-08 2) 3) 4) 5) 6) 7) Gardens. (Planning & Zoning) Prior to the issuance of any land alteration permit for this project, the applicant shall have satisfied the environmental requirements of Article V, Division IV of the City’s Land Development Regulations. By separate resolution, City Council shall approve one of two alternatives to upland preservation on site. The applicant shall either purchase 1.14 acres of Pine flatwood acreage offsite, within the City of Palm Beach Gardens and closely associated with an existing preserve, OR the applicant shall provide the City with money in lieu of preserve land. If the applicant decides to pay money in .lieu of, then the 1.14 acres shall be assessed by two appraisals utilizing the methodology adopted by the City Council. After City Council and the applicant have agreed upon the value or dollar amount to be paid in lieu of preserving the land on site, then the City Council and the applicant shall decide on an environmental project to put the money toward, and an account shall be established by the City for that project. If no approval is reached prior to the first residential building permit, then the applicant shall redesign their PUD to include the 1.14-acre preserve. (Planning & Zoning and Finance) Prior to the first certificate of occupancy, the applicant shall install the meandering sidewalk along Hood Road that is adjacent to the site. (Planning & Zoning) Access to this site along Military Trail and Alternate A1A shall not be impeded in any manner;, the use of gates at the Military Trail entrance and at the future Alternate AIA entrance shall not be permitted. The east-west public roadway through the " site, as shown on the City’s Thoroughfare Plan, shall not be privatized. (Planning & Zoning) The applicant, successors, or assigns shall be responsible for the landscape maintenance of the east-west public road through the site. (City Forester) The applicant, successors, or assigns shall be responsible for providing uplighting in the Military Trail and Hood Road landscaped medians, if permitted by FDOT. The applicant shall also use shields in these medians to deflect light from oncoming traffic. (Public Works) Prior to construction plan approvalS-the applicant shall revise the landscape plan so that the trees around the lakes are clustered in threes (no more than 15 feet in width), the clusters are 40 feet apart, and the clusters are no closer than 75 feet 19 Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUD-99-08 8) 9) 10) 11) 12) 13) 14) to any structure, including drainage structures. This requirement may be amended pursuant to any future adopted City standard. (City Engineer & City Forester) The Military Trail right-of-way plantings shall be completed within one year of the issuance of the first land development permit for the site. (Planning & Zoning) No building permits shall be issued until a revised Surface Water Management System for Unit (2) has received final approval from the City of Palm Beach Gardens and all other applicable govemments and/or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements..The applicant shall receive a permit for the clearing of exotic vegetation based upon an approval by the City Forester. The applicant shall receive a permit for the excavation of .lakes and the rough filling of the parcel based upon an approval of an early work permit by the South Florida Water Management District, and approval from all other applicable governments and/or agencies, including the City of Palm Beach Gardens. The applicant shall recognize that he is proceeding "at risk" and may be subject to conditions imposed as a result of the revised surface water management system. (City Engineer) The applicant shall field locate all trees to prevent any conflicts with the existing drainage system. (City Engineer and City Forester) Prior to construction plan approval, the applicant sl~all Submit wdtten authorization from the utility owners for horizontal construction/plantings within the utility easements. (City Engineer) All required site directional signage shall be reviewed and approved prior to the issuance of, the final certificate of occupancy. (City Engineer) Prior to the issuance of the first building permit, the applicant shall applyfor, obtain, and submit to the City, a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) Prior to the issuance of the 190~ building permit, the applicant, successors or assigns shall provide a bus stop pull-off and shelter completely out of the dgl~t-of-way. The size and location of the bus stop pull-off and shelter shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall be relieved 20 Ordinance 28, 2000 Meetlng Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUD-99-08 of this responsibility if the Palm Beach County School Board will allow their buses to enter this community to pick up students at the community center. (Planning & Zoning) 15)The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) 16)The applicant, successors, or assigns shall conduct three biennial signal warrant studies of the Hood Road and Militar~ Trail intersection beginning at the issuance of the 50"’ certificate of occupancy. The applicant, successors, or assigns shall pay their fair share for a traffic light when one is warranted and approved by Palm Beach County (for the entrance along Military Trail). (Planning & Zoning) 17)Upon approval of the development order, the applicant, shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service," which shall be vedfied by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 18)No building permits for more than 194 single-family dwelling units shall be issued until construction begins for the widening of Alternate A1A (State Road 811) from Hood Road Gardens Boulevard from 4-lanes to 6-lanes. (City Engineer) 19)No building permits shall be issued for more than 282 single- family dwelling units or after December 31, 2002, Whichever occurs first, unless construction begins for a third east approach left turn lane at the intersection of PGA Boulevard and Military Trail. (City Engineer) 20)If and when the proposed north/south road between the south property line and the east/west Thoroughfare road is removed from the City’s Thoroughfare Plan, then that road can be platted as a private road. (Planning & Zoning) 21 )Prior to construction plan approval, the applicant shall dedicate the southern "stub-out" to the City for perpetual use by the public for drainage purposes. The City shall maintain this "stub-out" in perpetuity. (City Engineer) 22)The applicant shall be required to bury all power lines along the southem boundary of the site. (Planning & Zoning) 23)The build-out date of this project is December 31, 2003 as referenced in the February 25, 2000 traffic impact analysis. For the purposes of this condition, the project shall be :)1 Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUD-99-08 considered built-out if all building permits have been issued and the applicant is actively engaged in the development of the site. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: o ° o o Minimum building site area - Section 71(c) and Section 75, which require a minimum building site area Of 6,500 square feet, to allow for as little as a 4,250 square-foot building site area. Minimum building lot width - Section 7.1(c) and Section .75, which require a minimum building lot width of 65 feet, to allow for as little as a 36-foot wide building lot. Maximum building lot coverage - Section 71(c) and Section 75, which allows a maximum building lot coverage of 35%, to allow for up to 50% building lot coverage. Maximum building height- Section 71(c) and Section 75, which allows a maximum building height of 36 feet, to allow for a portion of the community center (the clock tower feature) to 42 feet in height. Minimum front setback- Section 71(c) and Section 75, which require a minimum front setback of 25 feet, to allow for as little as a 14-foot front setback. Minimum side setback- Section 71(c) and Section 75, which require a minimum side setback of 7.5 feet, to allow for.as little as a 3-foot 1-inch side setback. Minimum rear setback - Section 71(c) and Section 75, which require a minimum rear setback of 10 feet, to allow for as little as a 5-foot rear setback. Littoral planting zones - Section 17.3 which requires littoral planting in the lakes on the site, to not require littoral plantings in any of the lakes, except for the two (2) lakes located at the entrance off of Military Trail. 22 Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUD-99-08 SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: Exhibits (dates represent date received and stamped in): 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. September 15, 2000 Master Site Plan, Cotleur Hearing, Inc., Sheet 1 of 7 (1 sheet total). September 6, 2000 Site Plan, Cotleur Heating, Inc:, Sheets 2 of 7 through 6 of 7 (5 sheets total). September 6, 2000 Recreation & Town Center Plan, Cotleur Heating, Inc., Sheet 7 of 7 (1 sheet total). September 6, 2000 Site Details, Cotleur Heating, Inc., Sheets 1 of 2 and 2 of 2 (2 sheets total). September 6, 2000 Typical Setback Plan and Matrix, Cotleur Heating, Inc., Sheet 1 of 2 (1 sheet total). September 6, 2000 Designation Plan, Cotleur Hearing, Inc., Sheet 1 of I (1 sheet total). September 6, 2000 Wetland Map, Cotleur Hearing, Inc., Sheet 1 of 1 (1 sheet total). September 15, 2000 Landscape Cover Sheet, Cotleur Heating, Inc., (1 sheet total). July 24, 2000 Landscape Plan, Cotleur Hearing, Inc., Sheet 1 of 16 (1 sheet total). September 6, 2000 Landscape Plan, Cotleur Heating, Inq., Sheets 2 of 16 through 15 of 16 (14 sheets total). September 6, 2000 Landscape Details, Cotleur Heating, Inc., Sheet 16 of 16 (1 sheet total). September 6, 2000 Typical Landscape Plan - Carlyle Homes, Cotleur Heating, Inc., Sheet 1 of 1 (1 sheet total). September 6, 2000 Typical Landscape Plan - Oakmont Homes Homes, Cotleur Heating, Inc., Sheet 2 of 3 (1 sheet total). September 6, 2000 Typical Landscape Plan - Capri Homes Homes, Cotleur Heating, Inc., Sheet 3 of 3 (1 sheet total). September 6, 2000 Landscape Plan - Military Trail Medians, Cotleur Heating, Inc., Sheets 1 of 5 through 4 of 5 (4 sheets total). September 6, 2000 Specifications & Details - Military Trail Medians, Cotleur Hearing, Inc., Sheet 5 of 5 (1 sheet total). June 21, 2000 Recreation & Town Center Landscape Plan, Cotleur Heating, Inc., Sheet 16 of 17 (1 sheet total). September 15, 2000 Site Plan - Temporary Sales, Cotleur Hearing, 23 Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUD-99-08 19. 20. 21. 22. 23. 24. 25. 26. 27. Inc., Sheet I of I (1 sheet total). September 6~ 2000 Town Center Plans, Bloodgood Sharp Buster, (2 sheets total). September 6, 2000 Capri III Modal Cover Sheet, Floor Plan, and Elevations, Sunco Building Corp., Sheets: Cover, A-l, & A-3 (3 sheets total). September 6, 2000 Oakmont Model .Cover Sheet, Floor Plan, and Elevations, Sunco Building Corp., Sheets: Cover, A-l, A-3, & A-4 (4 sheets total). September 6, 2000 Carlyle Model Cover Sheet, Floor Plan, and Elevations, Sunco Building Corp., Sheets: Cover, A-l, A-3, A-4, Ao5 & A-6 (6 sheets total). September 6, 2000 Preliminary Engineering Plan, Lawson, Noble & Webb, Inc., Sheets 1 of 2 and 2 of 2 (2 sheets total). September 6, 2000 Preliminary Engineering Plan, Lawson, Noble & Webb, Inc., Sheets 2 of 7 through 6 of 7 (5 sheets total). April 8, 1999 Topographic Survey, Lawson, Noble & Webb, Inc., Sheets 1 of 3 through 3 of 3 (3 sheets total). May 24, 2000 Boundary Survey, Lawson, Noble & Webb, Inc., Sheet 1 of 1 (1 sheet total). February 25, 2000 DiVosta Property (Parcel .4.05) Traffic Impact Analysis, Kimley-Horn and Associates, Inc. SECTION 5. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 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. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. 24 Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUD-99-08 PLACED ON FIRST READING THE 5m DAY OF OCTOBER 2000. PLACED ON SECOND READING THIS 19 m DAY OF OCTOBER 2000. PASSED AD~~L:~IS 19 ~ DAY OF OCTOBER 2000. ’ VICe.MAWR E~IC JAE~LIN C ~U~~~ %~~RTADO ID C~RK COU~I~ ~N’CARL SABATELLO ATT/~ T BY: CAROL GOLI~ CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY 25 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/john: pud9908.or2 AYE Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUD-99-08 NAY ABSENT 26 Ordinance 28, 2000 Meeting Date: October 19, 2000 Date Prepared: October 2, 2000 Petition PUD-99-08 EXHIBIT "A" ¯ Legal Description A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF (1/2) OF SAID SECTION 36 LYING SOUTHERLY THE SOUTH RIGHT-OF-WAY LINE OF HOOD ROAD; LESS AND EXCPTING THEREFROM AN PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT-OF- WAY LINE OF THE FLORIDA EAST COAST RAILROAD; ALSO LESS THE RIGHT-OF- WAY OF MILITARY TRAIL; ALSO LESS THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 5668, AT PAGE 1095, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH TRACT A, PLAT NO. 4 CITY OF PALM BEACH GARDENS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 27, AT PAGE 4, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA. CONTAINING 7,835,657 SQUARE FEET OR 179.882 ACRES MORE OR LESS. 27 11 COMMENTS FROM THE PUBLIC Request to Address City Council Subject= Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name:.,2~,J~ ._f’7/,,’,-/ /~- ,~ ,,o,_/t.,,. ,~.,,,~.O ~ 7_., Address:Z.~ ~ ~ /_~j/~-7 ~ /~.~/~: ./~ ~ _~# ¯ Subject:~ ~ ~ ~ ~ ~ ~ Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Oouncil Please Print Name:/5 ~- Address:~/-~,] /~Z-Z]’¢~" ~’~ Ci~:~ ~ Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.