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HomeMy WebLinkAboutAgenda Council Agenda 032102City of Palm Beach Gardens Council Agenda March 21, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 III. IV. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 21, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE . ROLL CALL ELECTION : a.Resolution 42, 2002 - Declaring the Results of the City’s General Election held March 12, 2002 to fill Group 1,Group 3 and Group 5 Seats. b.ADMINISTRATION OF OATHS OF OFFICE : c.REORGANIZATION: 1.Appointment of a Temporary Chairman to Elect Mayor and Vice Mayor. 2.Appointment of Mayor and Vice Mayor. 3.Appointment of a Chairman Pro-Tempore in Absence of both Mayor and Vice Mayor. 4.Resolution 40, 2002 - Appointment of Mayor, Vice Mayor and Mayor Pro-Tempore. 5.Liaisons to AdvisoryAppointment of Council Boards/Committees/Organizations. ANNOUNCEMENTS: PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII.COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a.Consideration of approving Minutes from the February 21, 2002 Regular City Council Meeting. bo Resolution 30, 2002 - Skate Park Contract. Consideration of approving an agreement with Tim Givens Building and Remodeling, Inc., for the construction of a skate park. Co Resolution 35, 2002 - One-Year Extension of FRDAP Grant. Consideration of approving amendment 1 to the Florida Recreation Development Assistance Program (FRDAP) funding agreement for Westminster Park (DEP contract number F1361). do Resolution 41, 2002 - Laser and Surgery Center of the Palm Beaches. Consideration of phase one approval of a 3.2-acre site plan to allow for the development of phase one, consisting of 20,345 square feet, as part of a two- phased, medical office use located within the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD), providing for amendment to Resolution 64, 1998, to allow ground sign at the Northwest entry to the site. eo Resolution 43, 2002 - NorthCorp Lots 4 and 5. Consideration of approving two professional office buildings totaling 90,288 square feet on lots 4 & 5 of the Northcorp Planned Community District (PCD). fo Resolution 47, 2002 - South Trust Bank Parcel 27/04 Regional Center Site Plan Approval. Consideration of approving a site plan for an approximately 14,000 square foot branch bank office with four (4) drive-through lanes and one ATM lane, located on the corner of PGA Boulevard and Kew Gardens Avenue, which is within the Regional Center DRI and PCD along PGA Boulevard, and amending Resolution 64, 1998, to relocate a ground sign. g.Resolution 22, 2002 - Golf Professional Contract. Consideration of approving a Golf Professional Agreement with Steve Russell. h.Proclamation - "Days of Remembrance" in memory of the victims of the Holocaust.. i.Vehicle Towing Services Contract - Consideration of approving an additional 60- day extension to the vehicle towing services contract with Kauff’s Towing. IX. PUBLIC HEARINGS: ao Ordinance 11, 2002 - Art in Public Places LDR Amendments (Second Reading). An ordinance the City of Palm Beach Gardens, Florida, providing for an amendment of Section 78-261, "Definitions," of Division 5, "Public Places," of Article V, "Supplemental District Regulations," of Chapter 78, "Land Development" of the City Code of Ordinances by amending the definition of development; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Ordinance 5, 2002 -Westwood Gardens Amendment - 125’ Stealth Flagpole - PUD Amendment (Second Reading). Consideration of an ordinance the City Council of the City of Palm Beach Gardens, Florida, approving an application from Sprint Telecommunication for an amendment to the Westwood Gardens/Lakes Planned Unit Development (PUD) to allow for construction of a 125 foot high wireless telecommunication tower, to be located within the Westwood Gardens Section of the PUD located south of Hood Road, between Interstate 95 and the Ronald Reagan Turnpike, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: ao Resolution 6, 2002 - General Employees’ Pension Plan. Consideration of appointing Kenneth Steele to the Board of Trustees of the General Employees’ Pension Plan. XI. ORDINANCES: (For Consideration on First Reading) ao Ordinance 10, 2002 - Union Square (Tanglewood) PUD Amendment (First Reading) (Continued from 2/21/02). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from CSC Tanglewood, Inc., for an amendment of a previously approved Planned Unit Development by approving the exterior renovations of a 542-unit multi-family apartment complex formerly known as "Tanglewood" and proposed to be known as "Union Square" located on the east side of Military Trail, approximately 300 feet south of PGA Boulevard as more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. bo Ordinance 15, 2002 - Budget Amendment (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for the repeal of ordinances in conflict herewith; providing for severability; and, providing for an effective date. Co Ordinance 46, 2001 - Parcel 4.07B - Alta Pines Apartments (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of approximately 24.68 acre parcel of land from Planned Development Area (PDA) to Residential High (RH) with a Planned Development Overlay Zoning District (PUD), to be known as "Alta Pines," by approving the construction of 264 multi-family units and accessory uses, located approximately 1/2 mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. do Ordinance 14, 2002 - Mirasol PCD Amendment to Master Plan (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval for an amendment to the Mirasol Planned Community District (formerly known as Golf Digest) amending conditions of approval relating to park improvements and CPTED principles and reconfiguring a lake parcel at the site, located between PGA Boulevard and Hood Road, and Florida’s Turnpike and the C-18 canal, as more particularly described herein; amending Ordinance 18, 2001; providing for severability; providing for conflicts; and providing for an effective date. eo Ordinance 12, 2002 - Fire Code Amendments (First Reading). ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval to adopt the Florida Fire Prevention Code; Repealing Article III, "Standards," of Chapter 38, "Fire Prevention and Protection," of the City Code of Ordinances in its entirety and adopting a new Article III, "City of Palm Beach Gardens Fire Code;" providing for codification; providing for severability; providing for conflicts; providing for transmittal to the State Fire Marshal; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: a.Kyoto Drive Railroad Crossing Discussion. 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), for assistance. If a person decides to appeal any decision made 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. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: March 13, 2002 Meeting Date: March 21,2002 Subject/Agenda Item Resolution 42, 2002 Declaring the results of the General Election held March 12, 2002 Recommendation/Motion" Adopt Resolution 42, 2002 Council Action:Reviewed by: City Atto~ ACM Other Submitted by: Carol Gold City Clerk ~’~ Department Director Originating Dept.: City Clerk Advertised: Date: Paper: [ X ] Not Required Affected parties City Manager [ X ] Not required Costs: $ 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attach ments: Memorandum [ ] None BACKGROUND: Section 4-1 of the Charter of the City of Palm Beach Gardens, Florida, provides that the candidate receiving the majority of the votes cast at the General Election to fill an office be declared elected. RESOLUTION 42, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MARCH 12, 2002, IN AND FOR SAID CITY; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on the 12th day of March, 2002, the Election Clerks and Inspectors subscribed their oaths and performed their duties in said General Election in accordance with the law; and WHEREAS, the City’s Canvassing Board certified the results of said General Election as follows: TOTAL REGISTERED VOTERS 25,883 TOTAL RECORDED AND ABSENTEE BALLOTS CAST 5,884 FOR CITY COUNCIL, GROUP 1, (Three Year Term) DAVID W. CLARK MIKE MARTINO " ":" 3,614 2,094 FOR CITY COUNCIL, GROUP 3, (Three Year Term) ERIC JABLIN UNOPPOSED FOR CITY COUNCIL, GROUP 5, (Three Year Term) ANNIE DELGADO LAUREN W. FURTADO 3,018 2,599 WHEREAS, the City’s Canvassing Board has duly canvassed the returns of the described election and has certified the foregoing as true and correct tabulations of the total recorded and absentee votes cast. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. That the following candidates are hereby declared to be elected to the offices as follows: CITY COUNCIL, GROUP 1 CITY COUNCIL, GROUP 3 CITY COUNCIL, GROUP 5 DAVID W. CLARK ERIC JABLIN ANNIE DELGADO SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 21 st DAY OF MARCH, 2002. ATTEST: CAROL GOLD, MMC, CITY CLERK MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY. LEONARD RUBIN CITY ATTORNEY VOTE: COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILMAN JABL1N COUNCILMAN SABATELLO COUNCILWOMAN DELGADO AYE NAY ABSENT Statement of Vote Palm Beach County GENERAl. 03_12_02 3/13102 ~:OUNCIL-GROUP I - P ,A~,~ BF..ACH GARDENS Registered Turnout Percant 0031 2,280 226 9o91% Pr~Jn~226 9,g1% 031A 2,t78 328 1~ Pm~n~2~35.~% 031C 1,0~ ~n~~93 ~7.~% 031 0 1,~~2 1~41% P~n~~2 1~41% 031E 3~ P~n~35 9.~% 031F ~ p~0 0.00% 031G 0 0 ~0 0.~% ~tH 2 0 p~0 0.~ P~ ~n~ ~~5 21.~ P~n~579 ~,~% ~TD 1,815 V~ ~0 0 1 2 ¯ 119 103 119 103 160 160 209 38 102 70 ~02 1’0 1~1 142 191 .142 24 10 24,10 0 0 0 0 0 0 0 0 0 0 144 311 144 311 t4S 100 117 117 342 126 131 197 214 197 313 76 313 76 43t t~0 0 O 0 March 13, 2002 4:19 laM Page I of 2 STATE OF FLORIDA COUNTY OF PALM BEACH I,THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL, THIS 13TM DAY OF MARCH , 20 0~ - THERESA LePORE SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FL Statement of Vote Palm Beach C~Jnty GENERAL 03_12_02 COUNCIL-GROUP 1 o PALM BEACH GARDEN8 Reg~ered Turnout Percen! Provisional 0 1 0.00% Provisional 1 0,00% 25,883 5,884 22.73% Candidates ~ OAVI~W.C~ 2 MIKE MARTINO 1 2 0 I 0 1 3,614 2,094 STATE OF FLORIDA COUNTY OF PALM BEACH I, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY’ THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL, THIS 13TM DAY OF MARCH , 20 02 . BY: THERESA I.sPORE SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FL March 13, 2002 4:19 PM Page 2 of ?. COUNCIL-GROUP 5 - PALM 6EACH G .AR, D_E,NS 0031 Preeners 031A Prec~nc~ 0318 031C 031D 031E Pr~n~ 031F 031G 031H OO42 Pre~nc~ ~ncts OO47 Pmcmct:s 047& 047C Pre~m~=s 047D Vatlng M~chine AJ~s~nme Walk-In Statement of Vote Palm Beach County GENERAL 03_12_02 3/13/02 Turnout Pen=ent 1 2 2,280 228 9,~1%109 !04 220 9.91%109 2,t78 328 15,06%154 14~ 328 15.06%154 145 711 2SS 3S.86)i 53 201) 255 35.86%52 200 1,099 t93 17,56%138 92 193 17.56%139 52 1.8~8 34~18,41%141 183 342 18.41%141 183 363 35 9,64~23 11 35 9,64%23 11 0 0 0.00~0 0 0 0.00%0 0 0 0 0+0O%0 0 0 0.00%~0 2 0 0.00~0 0 0 0.00%0 0 2,038 ~2Z.~4,’~’S38 3’14 465 22.84%+:36 3~4 1,203 ~48 ~0.8~’J+181 248 20.62%151 90 1,~61 46~23.93%1M 241 489 23.92%196 241 269 15.38%146 114 439 19.36%209 206 2,387 ~21.43%319 181 50$2t .43%310 181 1,5~ 404 ~24~128 404 25.44%242 ~,418 5’79 ~.ri~38~ 579 23.97%362 192 ~26 28.98%27O 235 .6O0 0.0O%382 202 0 0 0,00~0 0 0 0.00%0 0 March 13, 2002 4:19 STATE OF FLORIDA COUNTY OF PALM BEACH I, THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL, THIS 13TM DAY OF MARCH , 20 __0..~. P~ge 1 of 2 THERESA LePORE SUPERVISOR OF ELECTIONS PALM BEACH COUNTY, FL . MAR-14-2002 12:0B PBC SUPU OF ELEC-IIUN~5 $1it~m~n! of Vole Palm Beach County GENERAL 03_12_02 3113/02 COUNCIL-GROUP ~. PALM BEACH GARDENS Registm, t~Tumout Pe¢c~nt Provisional 1 0,00% $,884 2~73% 1 2 0 1 0 ~ 3,018 2,S99 Candidlt~ 1 ANNIE DELGADO 2 LAUREN W. FURTADO STATE OF FLORIDA COUNTY. OF PALM BEACH I,THERESA LePORE, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS ON FILE IN THIS OFFICE. WITNESS MY HAND AND SEAL, THIS ~ DAY OF MARCH , 20 02 ¯ BY: THERESA LePORE SUPERVISOR OF ELECTIONS PALM BF_.ACH COUNTY, FL Mat¢~ 13, 2002 4:19 PM Page 2 of 2 TOTAL P.Ol II. ELECTION: b. ADMINISTRATION OF OATHS OF OFFICE: II. ELECTION: c.REORGANIZATION: c. REORGANIZATION: Appointment of a Temporary Chairman to Elect Mayor and Vice Mayor. c. REORGANIZATION: 2.Appointment of Mayor and Vice Mayor. c. REORGANIZATION: o Appointment of a Chairman Pro-Tempore in Absence of both Mayor and Vice Mayor CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: March 13, 2002 Meeting Date: March 21, 2002 Subject/Agenda Item Resolution 40, 2002 Organization Meeting - Election of Mayor, Vice Mayor and Mayor Pro- Tempore. Recommendation/Motion: Adopt Resolution 40, 2002 - ~ Appointing Mayor, Vice Mayor and Mayor Pro-Tempore Reviewed by: City Attorn~.~~ ACM Other Submitted by: Carol Gold ire~to City Clerk Department D r Originating Dept.: City Clerk Advertised: Date: Paper: [ X ] Not Required Affected parties Approve~~ ..[~t-Notified Ci~Man~ger [ X ] Not required Costs: $ 0 (Total) $ 0 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attach ments: Memorandum [ ] None BACKGROUND: Section 4-3 of the City of Palm Beach Gardens Charter states, "The members of the city council elected pursuant to this article shall meet for organization immediately following their qualification on the next regularly scheduled meeting of the city,council following the date of their election and at said meeting the city council shall, by resolution, appoint one member a mayor and another a vice-mayor of the city, each of whom shall hold such office for a term of one year and until his successor shall be appointed and qualified." RESOLUTION 40, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPOINTMENT OF THE MAYOR, VICE MAYOR AND MAYOR PRO-TEMPORE FOR THE CITY UNTIL THEIR SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 4-3 of the Charter of the City of Palm Beach Gardens, the City Council annually selects members of the City Council to serve as Mayor, Vice Mayor and Mayor Pro-Tempore; and WHEREAS, the City Council, pursuant to Section 4-3 of the~ City Charter, elects a Mayor, Vice Mayor and Mayor Pro-Tempore at its annual organizational meeting held during the month of March. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 4-3 of the City Charter, the following persons shall be and are hereby appointed and named to the following offices of the City of Palm Beach Gardens, Florida: MAYOR VICE MAYOR MAYOR PRO-TEMPORE SECTION 2. The above-named Mayor, Vice Mayor and Mayor Pro-Tempore shall hold office until the next annual organizational meeting of the City Council, or until their successors shall be appointed and qualified in accordance with the Charter of the City of Palm Beach Gardens, Florida. SECTION 3. This Resolution shall be effective upon adoption. SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 21 st DAY OF MARCH, 2002. ATTEST: CAROL GOLD, MMC, CITY CLERK MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY. LEONARD RUBIN CITY ATTORNEY VOTE: COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILMAN JABLIN COUNCILMAN SABATELLO COUNCILWOMAN DELGADO AYE NAY ABSENT c. REORGANIZATION: o Appointment of Council Liaisons to Advisory Boards/Committees/Organizations. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING FEBRUARY 21, 2002 The February 21, 2002 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. A moment of silence was observed for the death of Daniel Pearl. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, Councilmember David Clark, and Chair Pro Tern Carl Sabatello. REORDER AGENDA: Councihnember Furtado made a motion to re-order the agenda to next hear Resolution 1, 2002. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. RESOLUTIONS: Resolution 1, 2002 - PGA National Gates/Traffic Control Agreement Amendment. Consideration of approving an amendment to the PGA National Traffic Control Agreement in order to limit vehicular access between the hours of 6:00 PM and 6:00 AM to residents only. Principal Planner Steve Cramer presented the request, read into the record objections from Pahn Beach County, and noted the following items had been received since the City Council packets were sent out: a letter from Palm Beach County dated February 7 opposing the closure; a letter dated February 14 from the applicant regarding the County’s comments; a letter dated February 21 from the Regional Planning Council indicating an amendment to the DRI would be needed to effect a closure; a letter dated February 21 from the applicant regarding the Planning Council’s comments; and a letter dated February 21 from County staff re-stating their objection to the closure and requesting that their letter be read into the record. The letter was received into the record. Phillip Lyddon, 51 Cayman Place, President of PGA National Property Owners Association, reported they had been working on this matter for over a year with the full knowledge of Commissioner Karen Marcus, who had assured her support if all parties involved agreed. Mr. Lyddon indicated he had an executed amendment to the agreement signed by all parties except the City. Mr. Lyddon indicated that an amendment to the DRI was not necessary, that residents of PGA National were aware of this and favored it for security reasons and understood that in the future the gates might have to be removed if Jog Road were extended. Resident Siro DeGasperis assured the City Council that all ~vork on this matter to date had been done above board with all the parties involved. Resident Mike Martino provided an historical perspective and encouraged the City Council to e~ater into the proposed agreement. Resident Schuyler Metlis spoke in favor of the proposal. Council member Clark noted that traffic through neighborhoods was a problem in other parts of the City, and moved approval of Resolution 1, 2002. Councilmember Furtado seconded the motion. The other councilmembers expressed their full support. Mayor Russo requested closing times be phased in at the beginning when the new closing hours became effective in order to avoid confusion. Motion carried 5-0. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 2 PRESENTATION: Councihnember Furtado announced the following donations had been received by the City to help the truancy interdiction program: State funding of $350,000 had been indicated, the PGA Corridor Association had donated $1,000; Mr. Sy Fine $2,000; Mr. Carnes $2,000. Mr. Jim Harvey and Mr. Dan Catalfumo had called Councilmember Furtado to indicate they would be making donations. Councilmember Furtado announced that a countywide fundraiser was being planned in the fall. Councilmember Furtado reported this program had produced an 85% drop in crime. Police Chief FitzGerald reported letters to other municipalities requesting support had received no response, that he would send followup letters, and that Palm Beach Gardens would handle the program if no other municipalities participated. Councilmember Furtado requested thank-you letters be sent out to those who had made donations. ITEMS & REPORTS BY MAYOR AND COUNCIL: Workshop - Regional Center NOPC - Mayor Russo requested that discussion be limited to whether the City could be protected by the proposed conditions if the NOPC went forward. Mayor Russo indicated he would abstain because he was a very limited partner in a venture that had lodged an objection, even though he did not agree with them, and turned the gavel over to Vice Mayor Jablin. Principal Planner Talal Benothman introduced the project and summarized what the proposed conditions would accomplish: retail conversions would be limited to the Menin parcels; there could be no stand-alone retail buildings; there could be no outparcel separated buildings; there must be at least two uses in each building; buildings containing retail uses must be of varying heights, stories, and architectural styles, with unified architecture; all conversions would require approval of the City Council through the site plan process; all buildings and projects must substantially comply with Exhibit C and Diagrams 1 and 2; once the City Cour/cil approved a project on the Menin parcels that project would be in substantial compliance with the conditions. Proposed amendments by Mr. Forbes to the conditions were discussed. Attorney John Gary, representative for the petitioner Mr. Dan Catalfumo, expressed his opinion that the conditions as proposed without the amendments by Mr. Forbes were sufficient, and that Mr. Forbes’ main concern was that the theater would be built. Growth Management Director Charles Wu indicated staff was comfortable with the conditions as presented in the staff report. Attorney Gary indicated the theater would be built in the first 100,000 square feet of development and any change would require approval of the City Council. Vice Mayor Jablin reported he had attended a meeting two weeks prior with Mr. Menin and Mr. Forbes where he was given the impression Mr. Forbes was happy with the project, but the proposed amendments had not been submitted until the last minute. Rick Warner, representative for Mr. Forbes, commented on when their amendments had been presented, to which the City Manager explained the timing process for information to be received in time for review before a Council meeting. Councilmember Furtado indicated she had had discussion with the parties. The City Attorney and staff verified they were comfortable with the conditions as proposed. Councilmember Sabatello requested the definition of specialty restaurants, clarified that the petitioner was Mall Properties, Inc. and not Mr. Catalfumo, received verification of the location of the proposed 166 residential units, stated for the record he had met with petitioner and staff. Mr. Benotbmaan noted that if residential units were moved from the Menin parcel, a change to the NOPC would be required. Mr. Wu clarified that it was an CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 3 option to build up to 166 residential units. The requirements for the theater were discussed. Specific square footage for the theater had not been included in the conditions. Attorney Gary indicated the applicant had represented that the theater had to be a minimum of 55,000 square feet with stadium seating. Ron Jacobi, The Menin Group, clarified that the theater must be a minimum of 55,000 square feet and a minimum of 2600 seats which would require 56,000 square feet, and the building would be slightly larger, and advised that roads and infrastructure must be done in advance of theater construction. Protections for the infrastructure were discussed. The petitioner indicated he would provide linkage and infrastructure in the first phase. The City attorney read the definition of specialty restaurants. Councilmember Clark indicated he would be comfortable with the conversion requirements as stated with the addition of square footage, number of seats, and stadium seating for the theater. There was consensus of three City Councilmembers to go forward not doing concurrent processing. The City Manager clarified that there would be changes in the language of the conditions and that the language presented tonight was a first draft. CITY MANAGER REPORT: Public Information Report - City Manager Ferris requested the City Council receive and file the public information report and that Resolution 30, 2002 be added to the agenda. Councihnember Clark made a motion to add Resolution 30, 2002 to the agenda. Councilmember Furtado seconded the motion, which carried by unanimous 4-0 vote. Mayor Russo rejoined the Council. Resolution 30, 2002 - City Manager Fen’is indicated this resolution was in regard to Florida State Reapportionment and Mr. Tom DeRita, City Lobbyist, reviewed the timetable for the redistricting, and the latest plans. As of the present time there would be three senators representing Palm Beach County and Sanderson would be the representative for the City. Mr. DeRita expressed his opinion that the map would be changed the next day, which could change things, and urged that a resolution requesting three senators be approved. Mr. DeRita explained that Senator Kline most likely would be one of the senators. Councilmember Furtado moved approval of Resolution 30, 2002. Councihnember Clark seconded the motion, which carried by 5-0 vote. Mayor Russo commented that Mr. DeRita also represented Riviera Beach, who had been approved for construction of a new high school, and recommended sending a letter of congratulations. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Mayor Russo reported he and City staff had met with Commissioner Marcus and County staff regarding concurrency issues and looking at how buildout dates of projects increased traffic. Mayor Russo reported that he and Councilmember Furtado had met with Gardens United and thanked staff for this program as well as the WOW program. Mayor Russo reported he had attended a groundbreaking at the hospital that day. Mayor Russo reported the business economic forum had been well attended. Councilmember Clark reported receipt of a letter from Jeff Atwater requesting a resolution of support for changing the windstorm policy industry by combining JUA and FWUA, and requested staff prepare a resolution. COMMENTS FROM THE PUBLIC: Sam Carsillo, 10063 Dahlia Avenue, requested permission to speak to Ron Ferris through the Chair regarding a Department of Transportation grant program that would provide CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 4 money for sidewalks and trails. Mr. Carsillo commented regarding the number of cars at Costco and the large number of police out giving traffic tickets last week. Carol Estrada, 309 Riverside Drive, thanked staff for forming the rapid response team and for a good meeting the previous night. Ms. Estrada reported that many residents felt they had been stonewalled, and asked when they could expect results regarding the traffic congestion at MacArthur Boulevard. Mayor Russo indicated it was not a political issue. Councilmember Furtado advised that the weight of trucks that could come through was being limited immediately, and the yellow school zone lights had been ordered. Ms. Estrada thanked the Chief of Police for traffic police on MacArthur Boulevard that day. Ms. Estrada asked if stop signs could be installed now and removed after the traffic study was completed if they were not warranted. Mayor Russo requested finding out whether there had been a warrant study for the stop sign at Dahlia Drive, finding out when the study would be completed, and going ahead with setting a date for a meeting. Councihnember Furtado expressed hope that this as well as other incomplete projects could be finished. Ms. Estrada thanked the City for completing the work in the yards on her street and commended the work crew. CONSENT AGENDA: Councilmember Clark moved approval of the consent agenda as submitted. Vice Mayor Jablin seconded the motion, which carried by vote of 5-0. The following items were approved: a. Consideration of approving Minutes from the January 17, 2002 Regular City Council Meeting. b. Resolution 188, 2001 - La Posada-Plat. Consideration of approving La Posada-Plat. c. Resolution 28, 2002 - Appointing The Election Officials. Consideration of appointing the election officials for the general election to be held in the City on Tuesday, March 12, 2002. d. Resolution 29, 2002 - Seacoast Utility Easement and Bill of Sale. Consideration of authorizing an easement in favor of Seacoast Utility Authority for the operation and maintenance of water and sewer lines and a bill of sale conveying the water system to Seacoast. PUBLIC HEARINGS: Ordinance 7, 2002 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 7, 2002 - Comprehensive Plan Amendment for Northlake Corridor (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, approving a text amendment to the Future Land Use Element in the City of Palm Beach Gardens Comprehensive Plan regarding a proposed Northlake Boulevard Overlay Zoning District; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Principal Planner Steve Cramer reviewed the staff-initiated request. Councilmember Furtado, liaison to this task force, complimented Mr. Cramer for his work on this matter. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Furtado made a motion to place Ordinance 7, 2002 on first reading. Councilmember Clark seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 7, 2002 on first reading by title only. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 5 Ordinance 41, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 41, 2002 - Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from South Florida Blood Banks for rezoning of 12.64 acres of land located on both sides of MacArthur Boulevard, on the north side of Northlake Boulevard (Parcels 12.04 and 12.05), as more particularly described herein, to a Planned Unit Development (PUD), the approval of the "Banyan Tree" Master PUD Plan for Phase 1 of the PUD to construct an approximately 40,900 square-foot office building (Blood Bank); providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date, for consideration of second reading and approval. Growth Management Director Charles Wu presented the project. Attorney Steve Mathison spoke on behalf of the petitioner, and proposed conditions of approval for traffic monitoring on MacArthur Boulevard to trigger changes in traffic flow if needed, and that all construction trucks enter from Northlake Boulevard. Mr. Mathison requested consideration for an entrance at the westernmost portion of the property. Comments by Councilmembers included a request for solid color awnings, to require traffic studies of subsequent phases to reflect the revised traffic movements from the exit off MacArthur, and to request the developer to provide MacArthur Boulevard traffic-calming improvements. Mike Martino, 320 Balsam, expressed concern that the exit onto MacArthur Boulevard would increase traffic into the neighborhoods to the north. Carol Estrada, 309 Riverside Drive, requested clarification regarding whether impact fees could be used to provide traffic improvements to her neighborhood, to which the City Attorney responded those fees had not been set up for that purpose and if it were determined they could be used then a study would be needed to prioritize the neighborhoods where improvements were to be made. Ms. Estrada then requested that the developer be required to provide a traffic-calming circle north of the Banyan tree. Ms. Estrada expressed concern that monitoring of the Banyan Tree must be done during construction to assure that the taproots of the tree were not disturbed. Linda Hughey, Reed Drive, requested a condition that the single lane access be changed to two lanes to allow more room for the bloodmobile and that no new access be allowed when the middle parcel was developed. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. It was clarified for Councilmember Sabatello that the MacArthur Boulevard access could be changed and traffic improvements on MacArthur Boulevard could be required if the traffic studies for phases 2 and 3 showed they were warranted. Mr. Wu indicated the Banyan Tree plan would be looked at during phases 2 and 3. Mayor Russo indicated he had expected a site plan showing phases 2 and 3 and did not understand why a multiuse project was not being done all at one time. Uses were discussed. Councilmember Clark requested time to edit the use of conditionally permitted uses. The applicant agreed to a solid awning and to eliminate the westernmost access on Northlake Boulevard and to change the other Northlake access to two lanes in and two lanes out. RESOLUTIONS Resolution 166, 2001 - A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an application from Gardens East Plaza for approval of a 14,090 square foot drugstore and 3,867 square feet of in-line retail with a tower feature on Tracts 1, 2, and 3 (1.67 acres) in the Promenade Shopping Center (fka Gardens East CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 6 Plaza), located within the Gardens East Planned Community District (PCD), on the east side Alter~aate A1A, approximately 500 feet north of Lighthouse Drive. Senior Planner John Lindgren presented the project. Dodi Glas, agent for the petitioner, spoke on behalf of the petitioner. Traffic circulation was discussed. Since three members of the City Council did not agree with the access, applicant agreed to postpone this petition to the next regular City Council meeting. Ordinance 41, 2001 - Ordinance 41, 2001 was re-presented at this point in the meeting. Councilmember Clark reviewed the revised proposed list of permitted and conditional permitted uses. Petitioners stressed the importance of the westernmost Northlake Boulevard access for entrance and exit of the bloodmobiles. Consensus of City Council was to allow the westernmost access. Mr. Wu recommended uses be allowed at staff’s discretion rather than making a specific list. Consensus of City Council was to allow staff to approve the uses. Councilmember Clark verified that Section 3 of the ordinance would read: Section 78-508(b) of the City’s Land Development Regulations governing minimum distance between a proposed and an existing intersection to allow for a 110’ separation between the westernmost exit from the property and the next westernmost entry point on Northlake Boulevard. Councilmember Clark made a motion to approve Ordinance 41, 2001 on second reading by title only with the amendments as read into the record. Councilmember Furtado seconded the motion. City Attorney Rubin requested and received clarification that the motion included updated traffic studies for each subsequent phase as discussed earlier. Councilmember Clark withdrew his motion and made a new motion to approve Ordinance 41, 2001 on second reading by title only with the amendments as read into the record and to require updated traffic studies for each subsequent phase of this project. Councilmember Furtado withdrew her second and seconded the new motion. Mayor Russo stated he would not vote for this project because this ordinance would approve all three phases without knowing what would be col~structed in subsequent phases. Councilmember Sabatello indicated the Mayor’s position was his position also. Motion carried 3-2. The City Clerk read Ordinance 41, 2001 on second reading by title only. Resolution 27, 2002 - A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving an amendment to a previously approved site plan for Parcel 27.05/.06 to allow the replacement of a hotel building with three single-story office buildings totaling approximately 27,000 square feet; extending condition #9 of Resolution 26, 2000 to the newly added office buildings; and authorizing minor modifications to the exterior buildings of approved structures. Principal Planner Talal Benothman presented the project. Kenneth Blair, Mall Properties Limited, was present on behalf of the petitioner. Councilmember Clark made a motion to approve Resolution 27, 2002. Councilmember Furtado seconded the motion, which carried by unanimous 5- 0 vote. ORDINANCES: Ordinance 3, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Gables East Construction, Inc. for approval of a rezoning of an approximately 240.65 acre parcel of land to Planned Community District (PCD) Overlay Zoning with underlying zoning RL-3 (Residential Low) to allow for 450 multifamily dwelling units, 200 single family u~nits, a~nd 146 assisted living facility units and accessory structures located on the west CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/21/02 7 side of the Ronald Reagan Turnpike, south of Northlake Boulevard and north of the Beeline Highway, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Planner Kara Irwin presented the project. Steve Bozak, developer, spoke on behalf of the petitioner. All councih-nembers except Mayor Russo indicated they had spoken with the petitioner. Fred Schwartz, Kimley-Horn Associates, explained how traffic signals were warranted. Henry Skokowski, agent, indicated that the applicant agreed that an ALF would only be allowed if Jog Road were constructed; otherwise that site would become single family residential. Council member Clark moved that Ordinance 3, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 3, 2002 on first reading by title only. Ordinance 11, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment to Land Development Regulations of the City of Palm Beach Gardens, Florida, amending Section 78-261, "Definitions," of Division 5, "Public Places," of Article V, "Supplemental District Regulations," of Chapter 78, "Land Development" of the City Code of Ordinances by amending the definition of "development;" providing for codification; providing for severability; providing for conflicts; and providing for an effective date - for consideration of first reading. Councilmember Clark moved that Ordinance 11, 2002 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-0 vote. The City Clerk read Ordinance 11, 2002 on first reading by title only. ADJOURNMENT: There being no further business to discuss, upon motion by Councilmember Clark, seconded by Vice Mayor Jablin, carried 5-0, the meeting was adjourned at 11:30 p.m. APPROVAL: MAYOR VICE MAYOR CHAIRMAN PRO TEM COUNCIL MEMBER ATTEST: COUNCIL MEMBER CAROL GOLD, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 11, 2002 Meeting Date: March 21, 2001 Subject/Agenda Item: Consideration of Resolution 30, 2002, approving an Agreement with Tim Givens Building & Remodeling, Inc. for the construction of a Skate Park at Plant Drive Park. Recommendation: Approval of Resolution 30, 2002 Reviewed by: City Attorney Submitted by: City Attorney Originating Dept: Parks and Recreation Advertised: Date: Paper: [ X~J~lot Required Affected parties: [ ] Notified [ X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 30, 2002 Agreement CITY OF PALM BEACH GARDENS .MEMORANDUM TO~~ FROM~ " THRU:. SUBJECT~ Ron Ferris, City Manager DATE: February.27, 2002- Brian McLaugtiliia, Assistant Director of Parl~s and Recreation Jack Douglmey, Assistant to the .City Manager Skatepark BACKGROUND: In December of 1995 the parks and recreation department created a program (Wednesday Night Wheels) at the Plant Drive park teen center, which set up a specific time and location for young skateboarders to ply their skateboarding skills. As this program continued to grow, with over 200 participants each Wednesday night, the department proposed to Council in FY 1997 - 1998 that a skatepark be built at Plant Drive park. Council agreed to the concept, and allocated $250,000 for the project in the department’s Capital Improvement Program. In 1998 the department issued an LOI for architect services to assist in designing the park. MPA Architects were selected from a group of three proposer’s and began formulating ideas and sketches for the park. With the assistance of a local committee of youth skateboarders, along with Tim Payne, a noted skatepark designer, MPA came up with the specifications for the park. As the project was slow in progressing, the skatepark was re-budgeted in FY 1998 - 1999 and again in FY 2000-2001, for $275,000, with funding coming from the Recreation Impact Fees. In August 2000, the bid was let for the skatepark, with the bid opening held on September 25, 2000. Two bids were received, including a bid in the amount of $396,500 from Select Contracting of Riviera Beach, Florida and the other bid from Tim Givens Construction of West Palm Beach, Florida, in the amount of $350,550. With funding for the project set at $275,000, staffbegan discussions with Tim Givens Construction. Following a lengthy time frame, Givens was able value engineer the project to meet the budget. His deducts for the project to meet the budget included, eliminating the lighting, all landscaping other than sod, and the irrigation system. Staff determined that the landscaping and irrigation could be completed in house. In March of 2001, Givens presented a draft of~.~on.tract to the department which was forwarded to the City Attorney. The City Attorney r~eviewed the document and deemed it unacceptable to the City. Therein began a very lengthy process, which, the end result is the contract attached. DISCUSSION: One of the major changes staff agreed to, in order to assist in meeting the projected. budget of the skatepark, was to utilize movable wooden ramps in the middle of the park, instead of the original concept of concrete ramps. This will allow the staffthe flexibility to move the ramps from time to time, which will give the park a different look to the skaters. These ramps will be constructed of pressure treated lumber and have a life span of 3 - 5 years. For use past this original 3 - 5 years, staffwill research the feasibility of utilizing modular and reconfigurable all steel ramps. The other major alteration to the original plan is to eliminate the lighting system from the project. Although staff was hesitant to do this, it was the only way that the project could meet the projected budget. This will limit the use of the facility to daylight hours, severely limiting the use and potential revenue capabilities of the skatepark. The contractor has estimated that including the lighting system in the project would cost an estimated $50,000. Although the project has been several years in the making, staff still believes that the skatepark will provide an excellent recreational opportunity for those youth who choose to participate in this alternative sport. Under the supervision of the Recreation Coordinator of Special Interests, and staffed by part time personnel, the skatepark will be an admission fee based park, with a strict set of guidelines that users will be required to follow in order to use the facility (a sampling f proposed regulations, proposed hours of operation, and proposed fees is attached). RECOMMENDATION: Staff recommends approval of the Contract with Tim Givens Construction in the amount of $275,000 for the construction of the skatepark at Plant Drive park. City of Palm Beach Gardens SkatePark Rules andRegulations 1.Each Skater must pay the daily rate or have obtained a skate facility permit before entering the skating area. 2.Each skater must be cleared through the skate facility office prior to entering the skate area. 3.All skaters are required to sign a skate facility authorization release and hold harmless agreement before entering the skate area: SKATE AT YOUR OWN RISK. 4. Only skateboards and rollerblades are permitted 5. Safety equipment must be worn at all times: Skateboarders - Must wear helmets, elbow pads, and knee pads. Inline Skaters - Must wear helmets, elbow pads, knee pads, and wrist guards. Shirts must be worn at all times. 6.All skaters must provide their own skateboards, inline skates, and equipment. 7.Profanity and/or reckless behavior will not be tolerated. 8.Continued unacceptable behavior will result in expulsion from the Skate Park. 9.Food and beverages are not allowed on the skating surface. 10.Possession or consumption of any alcoholic beverage or a controlled substance is prohibited. 11. No coolers, backpacks, boom boxes, etc. will be allowed on the skating surface. 12. The City of Palm Beach Gardens has the discretion to close the Skate Park facility due to inclement weather, wet pavement or any other unsafe condition at any time. 13. No refunds or rain checks. I have read the above listed rules and understand that any violation of these rules may result in my immediate removal from the Skate Park and possible suspension of skating privileges for a "finite" period of time. ¯ Participants Signature ./ Print.Name ¯ ..Date HOURS OF OPERATION During School: Monday - Friday: Saturday/Sunday: Out of School: Daily: PROPOSED FEES: Daily F~es." Resident: Non-Resident: 20 Punch Admission: Resident: Non-Resident: 3:00pm - Dusk Noon - Dusk Noon - Dusk $3.00/day $4.00/day $25.00 $35.00 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 30, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH TIM GIVENS BUILDING & REMODELING, INC. FOR THE CONSTRUCTION OF A SKATE PARK AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued an Invitation to Bid for the Construction of a Skate Park facility at the Plant Drive Park; and WHEREAS, the City received a bid in the amount of $275,000 from Tim Givens Building & Remodeling, Inc.; and WHEREAS, the City Council deems it to be in the best interest of the residents and citizens of the City of Palm Beach Gardens, Florida, to accept the bid submitted by Tim Givens Building & Remodeling and execute an Agreement for the construction of the Skate Park. 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 of the City of Palm Beach Gardens hereby approves the Construction Agreement with Tim Givens Building & Remodeling, Inc. attached hereto as Exhibit "A" and authorizes the Mayor and City Clerk to execute said Agreement on behalf of the City. SECTION 3: All resolutions or parts of resolutions 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 applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- RESOLVED, ADOPTED AND APPROVED THIS __DAY OF ,2002. ATTEST: MAYOR CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE MAYOR VICE MAYOR COUNCILPERSON COUNCILPERSON COUNCILPERSON NAY ABSENT -2- CONSTRUCTION AGREEMENT THIS AGREEMENT is made this /day of /~, 2002 by and between the City of Palm Beach Gardens ("Owner") and Tim Givens Building & Remodeling, Inc., CB C052983, ("Contractor") for services in connection with the following described Project: Construction of a skate park at Plant Drive, consisting of concrete and wood ramps and retaining walls as reflected in the design prepared by MPA Architects, dated January 17, 2001 and revised on For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1.1 1.2 1.3 2.1 2.1.1 ARTICLE 1 The Construction Team and Extent of Agreement THE CONSTRUCTION TEAM: The Contractor and Owner shall work from the beginning of construction through construction completion. The services of MPA Architect/Engineers as the Architect/Engineer have been furnished by the Owner. EXTENT OF AGREEMENT: This Agreement represents the entire Agreement between the Owner and the Contractor and supersedes all prior negotiations, representations or agreements. This Agreement specifically incorporates invitation to Bid for Construction of Skate Park, Contractor’s Proposal for Construction of Skate Park, and the Drawings and Specifications prepared by MPA Architects, This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both Owner and Contractor. DEFINITIONS:The Project is the construction of the Work designed by MPA Architects. The Work comprises the completed construction required by the Drawings and Specifications. The term day shall mean calendar day unless otherwise specifically designated. ARTICLE 2 Contract~,~’s Responsibilities~%~:,~.~ Contractor’s Services The Contractor shall be responsible for the Construction of the Project in accordance with the Designs and Specification provided to it by the Owner and its Architect/Engineer. The Contractor shall develop a construction phase schedule incorporating. MPA Architect’s design schedule and the Owner shall be responsible for prompt decisions and approvals so as to maintain the approved schedule. Any design, 2.1.2 2.2.2 2.2.3 2.2.4 2.2.5 2.2.6 engineering, Architect/Engineer or other professional service required to be performed under this Agreement shall be performed by duly licensed personnel. The Contractor, Architect/Engineer and the Owner will work closely together to monitor the construction so as to ensure that the Project can be constructed within the Lump Sum as defined in Article 6. Construction of the Project shall be in accordance with those Drawings and Specifications as approved by the Owner. Responsibilities with Respect to Construction The Contractor will provide all construction supervision, inspection, labor, materials, tools, construction equipment and subcontracted items necessary for the execution and completion of the Project. The Contractor will pay all sales, use, gross receipts and similar taxes related to the Work provided by the Contractor which have been legally enacted at the time of execution of this Agreement for which the Contractor is liable. The Contractor will prepare and submit for tlie Owner’s approval an estimated progress schedule for the Project. This schedule shall indicate the dates for the starting and completion of the various stages of the construction and shall incorporate a design schedule from MPA Architects. It shall be revised as required by the conditions of the Work and those conditions and events which are beyond the Contractor’s control. The Contractor shall also prepare and submit a schedule of values for the Project for purposes of payment in accordance with Article 8. The Contractor shall at all times keep the premises free from the accumulation of waste materials or rubbish caused by the operations. At the completion of the Work, he shall remove all of his waste material and rubbish from and around the Project as well as all his tools, construction equipment, machinery and surplus materials. The Contractor will give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement, which govern the proper execution of the Work. Except where otherwise expressly required, the Owner shall not be responsible for monitoring the Contractor’s compliance with any Laws or Regulations. The Contractor shall take necessary precautions for the safety of his employees on the Work, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Project site. He shall erect and properly maintain, at all times, as required by the conditions and progress of Work, necessary safeguards for She protection of the workmen and the public. It is understood and agreed, however, that the Contractor shall have no responsibility for the elimination or abatement or safety hazards created or otherwise resulting from Work at the job site 2.2.7 2.4.2 2.4.3 2.4.4 carried on by other persons or firms directly employed by the Owner as separate contractors or by the owner’s tenants, and the Owner agrees to cause any such separate contractors and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations and to comply with all reasonable requests and directions of the Contractor for the elimination or abatement of any such safety hazards at the job site. The Contractor shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement The system shall be satisfactory to the Owner, who shall be afforded access to all the Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar date relating to this Agreement. The Contractor shall preserve all such records for e period of three years after the final payment or longer where required by law. Royalties and Patents The Contractor shall pay all royalties and license fees for materials, methods and systems incorporated in the Work. He shall defend all suits or claims for infringement of any patent rights and shall save the owner harmless from loss on account therefor except when a particular design, process or product is specified by the Owner. In such case, the Contractor shall be responsible for such loss only if he has reason to believe that the design, process or product so specified is an infringement of a patent, and fails to give such information promptly to the Owner. Warranties and Completion The Contractor warrants to the Owner that all materials and equipment furnished under this Agreement will be new, unless otherwise specified, and that all Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. The Contractor agrees to correct all Work performed by him under this Agreement which proves to be defective in material and workmanship within a period of one year from the date the Project is completed, or for such longer periods of time as may be set forth with respect to specific warranties contained in the Specifications; provided, however, only if such correction shall exceed $2,000. This warranty is expressly in lieu of all other rights and remedies at law or equity. The Contractor will secure required certificates of inspection, testing or approval and deliver them to the Owner. The Contractor will collect all written warranties and equipment manuals and deliver them to the Owner. The Contractor will direct the checkout of utilities and operations of systems and equipment for readiness, and will assist in their initial start- 3 2.4.5 up and testing. Prior to commencing any Work, the Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Lump Sum Price as security for the faithful performance and payment of ail the Contractor’s obligations to furnish, provide and pay for construction of the Work and completion of the Project, in addition to related materials under the Agreement. These bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law. All bonds shall be obtained from surety or Insurance companies that are duly licensed and authorized in Florida to issue bonds for the limits required. All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. ARTICLE 3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 Owner’s Responsibilities The Owner shall provide full information regarding its requirements for the Project. The Owner shall designate a representative who shall be fully acquainted with the Project, and has authority to approve changes in the scope of the Project, render decisions promptly, and furnish information expeditiously and in time to meet the dates set forth in Subparagraph 2.2.3. The Owner shall furnish for the site of the Project all necessary surveys describing the physical characteristics, soils reports and subsurface investigations, legal limitations, utility locations, and a legal description to the extent that it has them available in its file. The Owner shall secure and pay for all necessary approvals, easements, assessments and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. The Owner shall furnish such legal services as may be necessary for providing the Items set forth in Paragraph 3.4, and such auditing services as it may require. If the Owner becomes aware of any fault or defect in the Project or non- conformance with the Drawings or Specifications, it shall give prompt written notice thereof to the Contractor. The services and information required by the above paragraphs shall be furnished with reasonable promptness at the Owner’s expense and the Contractor shall be entitled to rely upon the accuracy and the completeness thereof. The Owner shall have no contractual obligation to the Contractor’s Subcontractors and shall communicate with such Subcontractors only through the Contractor. ARTICLE 4 Subcontracts 4.1 4.2 4.3 All portions of the work that the Contractor does not perform with his own forces shall be performed under subcontracts. A Subcontractor is a person or entity who has a direct contract with the Contractor to 15erform any Work in connection with the Project. The term Subcontractor does not include any separate contractor employed by the Owner or the separate contractors’ subcontractors. No contractor relationship shall exist between the Owner and any Subcontractor. The Contractor shall be responsible for the management of the Subcontractors in the performance of their Work. ARTICLE 5 5.1 Contract Time Schedule Except as otherwise extended under paragraph 5.3 below or Article 7 hereof, the Work to be performed under this Agreement shall be substantially completed in accordance with section 8.4 within one hundred and eighty (180) days after the issuance of all necessary permits, and completed and ready for final payment in accordance with section 8.5 within two hundred (200) days after the issuance of all necessary permits. The date of issuance of all necessary permits shall be fixed in writing by the Owner and Contractor. 5.1.1 Contractor and the Owner recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 5.1, plus any time extensions thereof in accordance with paragraph 5.3 and Article 7. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by the Owner if the Work is not completed on time. Acco.rdingly, instead of requliring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner $250.00 for each day that expires after the time specified in paragraph 5.1 for Substantial Completion until the Project is substantially complete. After Substantial Completion, if the Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 5.1 for completion and readiness for final payment or any proper extension thereof granted by the Owner, the Contractor shall pay the Owner $250.00 for each day that expires after the time specified in paragraph 5 5.2 5.3 5.1 for completion and readiness for final payment. The Date of Substantial Completion of the Project or a designated portion thereof is the date when construction is sufficiently complete in accordance with the Drawings and Specifications so the Owner can occupy or utilize the Project or designated portion thereof for the use for which it is intended. Warranties called for by this Agreement or by the Drawings and Specifications shall commence on the Date of Substantial Completion of the Project or designated portion thereof. This Date shall be established by a Certificate of Substantial Completion signed by the Owner and Contractor and shall state their respective responsibilities for security, maintenance, heat, utilities, damage to Work and insurance. The Certificate shall also list items to be completed or corrected and fix the time for their completion and correction. If the Contractor is delayed at any time in the progress of the Project by any act or neglect of the Owner or by any separate contractor employed by the Owner, including Owner’s Architect/Engineer, or by changes ordered in the Project, or by labor disputes, fire unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor’s control, then the dates for Substantial Completion and Final Completion shall be extended by Change Order for the period caused by such delay. ARTICLE 6 Lump Sum Price 6.1 6.2 The Lump Sum price for this Project is TWO HUNDRED SEVENTY- FIVE THOUSAND DOLLARS ($275,000.00). The Lump Sum will be modified for delays caused by Owner and for Changes in the Project, all pursuant to Article 7. ARTICLE 7 Changes In the Project 7.1 7.1.1 7.1.2 The Owner, without invalidating the Agreement, may order Changes in the Project within the general scope of this Agreement consisting of addition, deletions or other revisions. The Lump Sum, and the Contract Time Schedule shall be adjusted accordingly. All such Changes in the Project shall be authorized by Change Order. A Change Order is a written order to the Contractor signed by the Owner or its designated agent and issued after the execution of this Agreement, authorizing a Change in the Project and/or an adjustment in the Lump Sum I Price or the Contract Time Schedule. The increase or decrease in the Lump Sum resulting from a Change in the Project shall be determined in one or more of the following ways: 6 7.1.2.2 7.1.2.3 7.1.3 by mutual acceptance of lump sum properly itemized or subsequently agreed upon, or by unit prices stated in this Agreement or subsequently agreed upon, or if none of the methods set forth in articles 7.1.2.1 or 7.1.2.2 is agreed upon, the Contractor shall promptly proceed with the Work required by the change in the Project provided the Contractor receives a written order to proceed signed by the Owner. The increase in the Lump Sum shall then be determined on the basis of the reasonable costs of such Work and any savings attributed to the Change in the Project including a reasonable increase in the Contractor’s overhead and profit. The amount of decrease in the Lump Sum to be allowed by Contractor to the Owner for any deletion or Change in the Project which results in a net decrease in cost will be the amount of the aotual net decrease only. When both increases and decreases in costs of the work are involved in any one Change in the Project, the increase in overhead and profit shall be figured on the basis of the net increase in costs, if any. Under this article and articles, 7.1.2.1 and 7.2.2.2, the Contractor shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate and supporting data of the effect on the Lump Sum. The increase in the Lump Sum under this article and articles 7.1.2.1 and 7.1.2.2 shall be authorized by Change Order signed by the Owner or its authorized agent. Contractor shall promptly, and before conditions are disturbed, give a written notice to the Owner of (a) subsurface or latent physical conditions at the Site which differ materially from those indicated in Drawings, Specifications, or Owner-furnished information or (b) unknown physical conditions at the Site of an unusual nature which differ materially from those ordinarily encountered in work of the character called for by the Agreement. Owner will investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor’s cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this paragraph and the Lump Sum and Contract Time Schedule modified in accordance with this Article. No request by the Contractor for an equitable adjustment under this paragraph shall be allowed unless the Contractor has given the written notice required. Claims for Additional Cost or Time If the Contractor wishes to make a claim for an increase in the Lump Sum or an extension of the Contract Time Schedule, he shall give the Owner written notice thereof within thirty (30) days after the Contractor knew or should have known of the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Claims arising from delay must be made within thirty (30) days after the delay. Increases based upon design and estimating costs with respect to possible changes requested by the Owner, shall be made within thirty (30) days after the decision is made not to proceed with the change. No claim for additional cost, time or delay shall be valid unless made in accordance with this paragraph. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Lump Sum, and the Contract Time Schedule, the Owner and the Contractor may seek any right or remedy available under applicable law. Any change in the Lump Sum or Contract Time Schedule resulting from such claim shall be authorized by Change order. Minor Changes in the Project The Owner will have the authority to order minor changes in the Work not involving an adjustment in the Lump Sum or an extension of the Contract Time Schedule and not inconsistent with the intent of the Drawings and Specifications. Such Changes may be effected by written order and shall be binding on the Owner and the Contractor. ARTICLE 8 Payments to the Contractor 8.1 8.1.1 8.1.2 Payments shall be made by the Owner according to the following procedure: On or before the 25th day of each month after Work has commenced, the Contractor shall submit to Owner an Application for Payment in such detail as may be required by the Owner based on the Work completed and materials stored on the site and/or at locations approved by the Owner for the period ending on the last day of the month. Within twenty (20) days after its receipt of each monthly Application for Payment, the Owner shall pay directly to the Contractor the appropriate amounts for which Application for Payment is made therein. The payment request shall deduct the aggregate of amounts previously paid by the Owner. Owner may refuse to make the whole or any part of any such payment, to the extent that it is reasonably necessary to protect the Owner from loss because; (a) the work is defective or completed Work has been damaged requiring correction or replacement; (b) the Lump Sum has been reduced by written amendment or change order; (c) Owner has been required to correct defective Work; or (d) claims have been made against Owner on account of the Contractor’s performance or furnishing of the Work. If the Owner refuses to make the whole or part of any payment, then within the time period for payment of that Application for Payment, Owner shall notify Contractor in writing of its action and shall identify the specific reasons therefor from those enumerated in this subsection. If only a portion of an Application for Payment is disputed, the Owner shall pay the undisputed portion in a timely manner. 8 8.1.3 8.1.4 8.2 8.3 8.4.2 8.5.2 If the Owner should fail to pay the Contractor at the time of payment of any amount becomes due, then the Contractor may, at any time thereafter, upon serving written notice that he will stop Work within seven (7) days after receipt of the notice by the Owner, and after such seven (7) day period, stop the Project until payment of the amount owing has been received. Any amount found due and owing but unpaid shall bear interest at the legal rate until satisfied. All monies are due and payable in accordance with the Florida Prompt Payment Act. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether incorporated into the Project or not, will pass to the Owner upon receipt of such payment by the Contractor free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as Liens. No Progress Payment nor any partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of anyWork notin accordance with the Drawings and Specifications. Substantial Completion When the Contractor considers the Project ready for its intended use, the Contractor shall notify the Owner in writing that the Project is substantially complete (except for items listed by the Contractor as incomplete) and request that the Owner Issue a .certificate of Substantial Completion. Within a reasonable time after receipt of such request, the Owner and the Contractor shall make an inspection of the Project to determine the status of completion. If the Owner does not reasonably consider the Project substantially complete, the Owner will notify the Contractor, in writing, giving the reasons therefor. If the Owner considers the Project substantially complete, the Owner will prepare and deliver to the Contractor a certificate of Substantial Completion which will fix the date of Substantial Completion. Attached to the certificate shall be a list of items to be completed or corrected before Final Payment. The Project shall be considered Substantially Complete if the Owner occupies or utilizes the Project. Final Payment After the Contractor has completed and corrected all outstanding items, the Contractor may make application for Final Payment. Before issuance of Final Payment, the Contractor shall present Owner with satisfactory evidence that all payrolls, materials bills and other indebtedness connected with the Project have been paid or otherwise satisfied. If the Project has been completed and the Contractor’s obligations under 9 this Agreement have been fulfilled, the Owner will, within ten (10) days after receipt of the final application for payment, given written notice that the Work is acceptable. Otherwise, the Owner will return the application to the Contractor indicating, in writing, the reasons for refusing to process the final payment. If necessary, Contractor shall make the corrections and resubmit the application. Final payment shall be due thirty (30) days after presentation to the Owner of an acceptable application for payment and all documents required under this Agreement. 8.6 8.7 9.1 The making of Final Payment shall constitute a waiver of all claims by the Owner except those arising from: unsettled liens; improper workmanship or defective materials appearing within one year after the Date of Substantial Completion; and terms of any special guarantees required by the Drawings and Specifications. The acceptance of Final Payment by the Contractor shall constitute a waiver of all claims by the Contractor except those previously made in writing and unsettled. ARTICLE 9 Insurance, Indemnity and Waiver of Subrogation Indemnity 9.1.1 9.1.2 9.1.3 Contractor shall indemnify and hold harmless Owner, Owner’s elected and appointed officials, employees, agents and consultants from and against all claims, costs, losses and damages (~including but not limited to all fees and charges of engineers, architects, attorneys and other professionals in addition to all court or arbitration or other dispute resolution costs) arising out of or resulting from its performance under this Agreement in completing the Project, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent such claim, cost or damage is caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts, any of them may be liable. The Owner shall cause any other contractor who may have a contract with the Owner to perform work in the areas where Work will be performed under this Agreement, to agree to indemnify the Owner and the Contractor and to hold them harmless for all claims for bodily injury and property damage that may arise from the contractor’s operations. Such provision shall be in a form satisfactory to the Contractor. Owner shall indemnify and hold harmless Contractor, Contractor’s 10 9.2.1.1 9.2.1.2 9.2.1.3 9.2.1.4 9.2.1.5 9.2.1.6 9.2.2 officers, directors, shareholders, employees, agents and consultants from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals in addition to all court or arbitration or other dispute resolution costs) arising out of or resulting from its performance under this Agreement, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, but only to the extent such claim, cost or damage is caused by any negligent act or omission of Owner, its Architect/Engineer, any contractor or subcontractor who may have a contract with the Owner to perform work in the areas where Work will be performed under this Agreement any individual or entity directly or indirectly employed by any of them or anyone for whose acts, any of them may be liable. Contractor accepts no responsibility for design defects of the Work and Owner represents and warrants that the designs of its Architect/Engineer, MPA Architects, are free from the same. Contractor’s Liability Insurance The Contractor shall purchase and maintain such insurance as will protect him from the claims set forth below which may arise out of or result from the Contractor’s operations under this Agreement whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: Claims under workers’ compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; Claims for damages because of bodily injury, occupational sickness or disease, or death of his employee’s under any applicable employer’s liability law; Claims for damages because of bodily injury, or death of any persons other than his employees; Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any person; Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use therefrom; Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The Comprehensive General Liability Insurance shall include premises- operations (including explosion, collapse and underground coverage), independent contractors, completed operations, and blanket contractual 11 9.2.3 9.2.4 9.2.5 liability on all written contracts, all including broad form property coverage. The Contractor’s General and Automobile Liability Insurance, as required by Subparagraphs 9.2.1 and 9.2.2 shall be written for not less than limits of liability as follows: A.Comprehensive General Liability 1. Bodily lnjury $2,000,000.00 Each Occurrence (Completed Operations) $2,000,000.00 Aggregate 2. Property Damage $2,000,000.00 Each Occurrence $2,000,000.00 Aggregate B.Comprehensive Automobile Liability 1.Bodily Injury $1,000,000,00 Each Person $1,000,000.00 Each Occurrence 2. Property Damage $1,000,000.00 Each Occurrence Comprehensive General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy. The foregoing policies shall contain a provision that coverages afforded under the policies will not be canceled or not renewed until at least thirty (30) days’ prior written notice has been given to the Owner. Certificates of Insurance showing such coverages to be in force shall be filed with the Owner prior to commencement of the Work. Owner’s Liability Insurance The Owner shall be responsible for purchasing and maintaining its own liability insurance and may, at its option, purchase and maintain such insurance as will protect it against claims which may arise from operations under this Agreement. Insurance to Protect Project The Contractor shall purchase and maintain property insurance in a form acceptable to the owner upon the entire Project for the full cost of replacement at any time of any loss. The insurance shall include as named insureds the Owner, the Contractor, and Subcontractors and shall insure against loss from the perils of Fire, Extended Coverage and shall include "All Risk" insurance for physical loss or damage including, without duplication of coverage, at least theft, vandalism, malicious mischief, transit, collapse, flood and damage from defective 12 9.4.2 9.5.2 10.1 10.1.1 workmanship or material. The Contractor shall file a copy of all policies with the Owner before an exposure to loss may occur. Copies of any subsequent endorsements will be furnished to the Owner. The Owner will be given thirty (30) days notice of cancellation, non-renewal, or any endorsements restricting or reducing coverage. Waiver of Subrogation To the extent that insurance coverage is available, the Owner and Contractor waive all rights against each other for damages caused by perils covered by insurance provided under Paragraph 9.4, except such rights as they may have to the proceeds of such insurance held by the Owner and Contractor as trustees. The Contractor shall require similar waivers from all Subcontractors. To the extent that insurance coverage is available, the Owner and Contractor waive all rights against each for loss or damage to any equipment used in connection with the Project which loss is covered by property insurance. The Contractor shall require similar waivers from all Subcontractors. ARTICLE 10 Termination of the Agreement and Owner’s Right to Perform Contractor’s Obligations Termination by the Contractor If the Project is stopped for a period of thirty (30) days under an order any court, or other public authority having jurisdiction, or as a result of an act of government, such as declaration of national emergency making materials unavailable, through no act or fault of the Contractor of if the Project should be stopped for a period of thirty (30) days by the Contractor for the Owner’s failure to make payment thereon, then the Contractor may, upon seven days’ written notice to the Owner, terminate this Agreement and recover from the Owner payment for all Work executed, the Lump Sum earned to date, and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. 10.2 10.2.1 Owner’s Right to Perform Contractor’s Obligations and Termination by the Owner for Cause If the Contractor fails to perform any of his obligations under this Agreement, including any obligation he assumes to perform Work with his own forces, the Owner may, after seven days’ written notice, during which the Contractor fails to perform such obligation, make good such deficiencies. The Lump Sum shall be reduced by the cost to the Owner of making good such deficiencies. 13 10.2.2 10.3.2 11.1 11.2 If the Contractor is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses to fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make proper payment to Subcontractors or for materials or labor, of persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven (7) days’ written notice, during which period the Contractor fails to cure the violation, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished nor shall he be relieved from his obligations assumed under Article 6. Termination by Owner Without Cause Upon seven (7) days’ written notice to the Contractor, the Owner may, without cause and without prejudice to any other right or remedy of the Owner, elect to terminate this Agreement. In such case, the Contractor shall be paid (without duplication of any items) for; (a) completed acceptable Work in accordance with the Drawings and Specifications prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such work; (b) expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Drawings and Specifications in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; (c) amounts paid in settlement of terminated contracts with Subcontractors, the Architect/Engineer, Suppliers and others; and (d) reasonable expenses directly attributable to termination. The Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 11 Assignment and Governing Law Neither the Owner nor the Contractor shall assign its interest in this Agreement without the written consent of the other except as to the assignment of proceeds. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. 14 11.3 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 The parties acknowledge that .a substantial portion of the negotiations, anticipated performance and execution of this Agreement occurred and shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida and (b) consents to the jurisdiction of such court in any suit, action or proceeding. ARTICLE 12 Miscellaneous Provisions The Invitation to Bid for Construction of Skate Park issued by Owner and the Proposal for Construction of Skate Park submitted by the Contractor are attached hereto as Exhibit "A." The minimum change order amount shall be $500.00. Retainage in the amount often percent (10%) shall be held until the Project reaches Substantial Completion, at which time the retainage shall be reduced to five percent (5%). The Drawings and Specifications prepared by MPA Architects are attached hereto as Exhibit "B." Should any application to the South Florida Water Management District be required, it will be the responsibility of the Owner. The Schedule of Values is attached hereto as Exhibit "C." All items included in the specifications referenced in Exhibit "A" are the only items included in the base price. Any required code changes or inspector’s revisions occurring since the date the Contractor submitted its proposal shall constitute a change in the scope of work and shall result in a Change Order, if applicable. Contractor has visited the Sites upon which the Work is to be performed and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Sites and all drawings of physical conditions in or relating to existing surface or subsurface structures or contiguous to the Site which have been identified or made available by Owner. Any provision or part of the Contract documents held to be void or unenforceable under by a court of competent jurisdiction shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a 15 12.10 12.11 valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and court costs (including, without limitation, all such fees, costs and expenses incident to appeals) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Whenever any provision of the Agreement requires the giving of written notice, it will be deemed to have been validly given when hand delivered, transmitted by facsimile to the last known facsimile telephone number (with time and date confirmation) or mailed certified mail, return receipt requested, to the following; For the Owner; City of Palm Beach Gardens Attn: City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: (561) 799-4110 Facsimile: (561) 799-4111 with a copy to: Watterson, Hyland & Klett 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 Phone: (561) 627-5000 Facsimile: (561) 627-5600 For the Contractor: Tim Givens Building & Remodeling, Inc. 5390 Georgia Avenue West Palm Beach, Florida 33406 Phone: (561) 533-5828 Facsimile: (561) 533-6030 16 With a copy to: Francis B. Geary, Jr. Fowler White Boggs Banker, P.A. 120 S. Olive Avenue, Suite 600 West Palm Beach, Florida 33401 Phone: (561) 655-1100 Facsimile: (561) 655-0399 IN WITNESS WHEREOF, this Construction Agreement is executed by the parties as of the date first above written. Owner: City of Palm Beach Gardens, a Florida municipal corporation Attest: By: Joseph P. Russo, Mayor Carol Gold, CMC, City Clerk Contractor: Tim Givens Building & Remodeling, Inc. Tim Givens, Director Attest: Secretary 17 INVITATION TO BID FOR CONSTRUCTION OF SKATEPARK City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 August 2000 INSTRUCTIONS TO BIDDERS BID NAME: Palm Beach Gardens Skatepark Sealed Bids must be received on or before 11 a.m. (local time), September 26, 2000 at the office the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened and read at 11:00 a.m., September 26, 2000 in the City Council Chambers at the above address. It is anticipated that the bid will be awarded at the regularly scheduled meeting of the Palm Beach Gardens City Council on October 19, 2000. Bids received after the designated time will not be considered. Bids may be delivered in person or by mail. All Bids must be sealed and addressed as indicated. On the face of the envelope containing the Bid shall be written in large letters the words: BID FOR:PALM BEACH GARDENS SKATEPARK TO BE OPENED (Date and Time): 11:00 a.m., September 26, 2000 A bidder may withdraw his Bid at any time prior to that fixed for opening bids without prejudice to himself. Bidders are invited to be present at the opening. Bids received after the time set for the opening will be returned to bidder unopened. It is the sole responsibility of the Bidder to make sure that his or her bid reaches the City Clerk on or before the closing date and time. Bids submitted by telephone, telegram or facsimile shall not be accepted. If Bid is sent by overnight courier, (e.g., Federal Express, UPS, etc.), Bid form must be enclosed in envelope marked as instructed above. The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to waive any informalities or technicalities, and to make awards either as individual items or as a total combined bid, whichever it considers to be in the best interest of the City of Palm Beach Gardens. The Bidder will be required to use the Bid blanks attached hereto, which form a part of the Specifications, and shall remain intact. No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening thereof. Bids received on separate sheets and not attached to the complete specifications will be considered informal and may be rejected as such. All prices must be clearly stated in figures with ink on the line provided. Any variations from these specifications must be clearly stated by the Bidder on the bid blank. Bids must be signed in ink, by the bidder, with the signature in full. When a firm is a bidder, the . agent who signs the firm name to the bid shall state, in addition, the names and addresses of the 2 individuals composing the firm. When a corporation is a bidder, the person signing shall state under the laws of what state the corporation was chartered, and the name and title of the officer having authority under the by-laws to sign contracts. Anyone signing the bid as agent must file with it legal evidence of his authority to do so. Post office address, County and State, must be given after the signature. Bidders are cautioned to fill in all information as requested on the bid form to serve as a basis for making awards. All State and Federal Tax exemptions applicable to municipal corporations will apply and appropriate certification shall be furnished. A Bidder is expected to fully inform himself as to the requirements of the Specifications; failure to do so will be at this own risk. A Bidder shall not expect to seek relief on the plea of error. Any deviation from the Specifications must be explained in detail on a separate sheet attached to the Bid Form. Any questions regarding the Bid Specifications and process should be directed to: Brian McLaughlin Assistant Director, Parks and Recreation 4404 Bums Road Palm Beach Gardens, FL 33418 561-775-8270. GENERAL TERMS AND CONDITIONS GENERAL INFORMATION These documents constitute the complete set of specification requirements and bid forms. 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 shall be immediately directed to: Brian McLaughlin, at 561-775-8270. ALL BIDS MUST BE SUBMITTED ON THE PROVIDED "BID FORM". BIDS ON VENDOR LETTERHEAD/QUOTATION BID FORMS WILL NOT BE ACCEPTED. All Bids must be typewritten or handwritten in ink and must be signed by an officer or employee having authority to bind the company or firm. Signatures are required were indicated. Failure to do so may be cause for rejection of Bid. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. Bids shall be submitted in triplicate on the prescribed form provided in the Specifications. Each Bid must be delivered to the City Clerk on or before the specified opening date and time. The bid time must be and shall be strictly observed. Under no circumstances shall a Bid delivered after the time specified be considered. Such bids shall be returned to the vendor unopened. It is the sole responsibility of the bidder to ensure that his or her bid reaches the City Clerk on or before the closing date and time. The City shall in no way be responsible for delays caused by any occurrence. Offers by telephone, telegram or facsimile shall not be accepted. If the bid is sent by overnight courier (e.g., Federal Express, UPS, etc.), the bid form must be enclosed in an envelope marked in the "Instructions to Bidders." BOND REQUIREMENTS The successful Bidder will be required to furnish performance and payment bonds, each in an amount at least equal to the contract price as security for the faithful performance and payment of all of the successful Bidder’s obligations hereunder. These bonds shall be in a form acceptable to the City. INSURANCE REQUIREMENTS UPON EXECUTION OF THIS CONTRACT, CONTRACTOR SHALL SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT CITY IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED WITH RESPECT TO THEREQUIRED COVERAGES AND THE OPERATIONS OF CONTRACTOR UNDER CONTRACT. The certificates of insurance shall not only name the types of policies provided, but shall also 4 specifically refer to this Agreement and shall state that such insurance is as required by this section and its subsections. Contractor shall 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 to begin work until after similar minimum insurance to cover Subcontractor has been obtained and approved. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, 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 the balance of that period of the contract and extension thereunder is in effect. Contractor shall not continue to perform the services required by this agreement unless all required insurance remains in full force and effect. Insurance companies selected must be acceptable to CITY. All of the 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 thirty (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 Insurance shall be provided with a minimum of five hundred thousand and xx/1 O0 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. B. Professional Liability (Errors and Omissions) Insurance for architectural and engineering services and the services of any other professional used in the performance of the work of this Agreement in the amount of $1,000,000.00 with a deductible (if applicable) not to exceed $10,000.00 per claim. The certificate of insurance for professional liability shall reference any applicable deductible and the work for this Agreement. 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 occurrence 5 D. Comprehensive General Liability Insurance (occurrence form) with the following limits liability: $2,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability 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 specifically include the following minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: (2) (2) (3) (4) (5) (6) (7) Premises and Operations; Independent Contractors; Products and Completed Operations; Broad Form Property Damage; Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract; Personal Injury Coverage with employment and contractual exclusions removed and deleted; and Explosion, collapse, underground coverage (X-C-U) E. Builders Risk Insurance in an amount not less than THE REPLACEMENT COST for the construction of the work. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value with a deductible of not more than ten thousand and xx/100 ($10,000.00) per claim. Contractor shall maintain the Products/Completed Operations Liability Insurance for a period of at least two (2) years after final payment for the Work and furnish CITY with the evidence continuation of such insurance at final payment 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 of A.M. Best’s Insurance Guide: B + Class VI Contractor shall require each of its Subcontractors of any tier to maintain the insurance require herein for each category, and Contractor shall provide verification thereof to CITY upon request of CITY. All required insurance policies shall preclude any underwriter’s rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance 6 Coverage’s protect both parties as the primary Coverage’s 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 insurance. The clause "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 to CITY. Violation of the terms of this Paragraph and its sub-parts shall constitute a breach of the Contract and CITY at its sole discretion, may cancel the Contact and all rights, title and interest of Contractor shall thereupon cease and terminate. 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 of or alleged to have arisen out of or in consequence of the performance of the work of this agreement. Such indemnification shall specifically include but not be limited to claims, damages, losses liabilities and expenses arising out of or from (a) the negligent or defective design of the project and work of this agreement; (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, sickness, disease or death; (d) injury to destruction of tangible property, including the loss of use resulting therefrom (e) other such damages, liabilities or losses received or sustained by any person or persons during or on account of any operations connected with the construction of this project including the warranty period; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the work in the time specified in this agreement; (i) violations of any federal, state, county or city law, by-laws, ordinances, or regulations by Contractor, his Subcontractors, agents, servants, independent contractors and employees; (j) the breach or alleged breach by Contractor of any term of the contract including the breach or alleged breach of any warranty or guarantee. PATENT AND COPYRIGHT INDEMNIFICATION: The Contractor agreesto indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from all damages, liabilities, losses, claims, fines 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 the infringement of any and all copyrights or patent rights claimed by any person, firm or corporation. Contractor shall pay all claims, losses, liens, settlements or judgements of any nature whatsoever in connection 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 select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith including costs of fees of an appeal shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY’s rights and immunities under the common law or Florida Statute 768.28 as amended for time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party described in this Paragraph and its sub-parts. CONSIDERATION OF BIDS AND AWARD CONTRACT The City anticipates awarding the Bid at the October 19, 2000 regular meeting of the City Council. The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to waive any informalities or technicalities, and to make awards either as individual items or as a total combined bid, whichever it considers to be in the best interest of the City of Palm Beach Gardens. CONFLICT OF INTEREST The award hereunder is subject to the provision of State Statutes and City Ordinances. All Bidders must disclose in his or her bid the name of any officer, director or agent who is also an employee of the City. Further, all bidders must disclose the name of the City employee who owns, directly or indirectly, interest of five percent (5%) or more of the bidder’s firm or any of its subsidiaries. LEGAL REQUIREMENTS 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 will in no way be a cause for relief from responsibility. Vendors doing business with the City are prohibited from discriminating against any employee, applicant for employment or client because of race, creed, color, ancestry, religion, national origin, sex, or age with regard to, but not limited to the following: Employment practices, rates of pay or other compensation methods and training selection. A person or affiliate who has been placed on the convicted vendor list following a conviction for a pubic entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public 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 contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of begin placed on the convicted vendor list. The obligations of the City under this award are subject to the availability of funds lawfully appropriated for this purpose. 4.This request for bid shall be included and incorporated into the final award. WOMEN/MINORITY BUSINESS ENTERPRISE (W/MBE) POLICY It is the policy of the City to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited to employment, construction, development projects and lease agreements, consistent with the laws of the State of Florida. It is further the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, creed, sex, age, handicap or veteran’s status. BIDDER’S RESPONSIBILITY Each Bidder is required, before submitting his or her proposal, to carefully examine the Bid specifications and to completely familiarize himself or herself with all of the terms and conditions that are contained within this document. Ignorance on the part of the Bidder will in no way relieve him or her of any of the obligations and responsibilities which are a part of this Bid. CONTRACTUAL AGREEMENT This invitation to Bid shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order, bid document and response. Any and all legal action necessary to enforce the award will have venue in Palm Beach County and the contractual obligations will be interpreted according to the laws of Florida. Any contract or agreement required by vendor must be enclosed at the time of Bid submittal. PUBLIC RECORDS LAW In conformance with the Florida Public Records law, all bid documents or other material submitted by the Bidder in response to this request other than any financial statements submitted, shall upon bid opening, be available for public inspection by any person. CODE OF ETHICS If any Bidder violates the Code of Ethics of the State of Florida with respect to this bid, such Bidder may be disqualified from performing this work and future work for the City. 9 ADDENDA Addenda issued by the City prior to the bid opening shall be binding as if written into the Specifications. Bidder shall acknowledge receipt of the same as indicated on the Bid Form. If no Addenda are issued, then "none" shall be indicated. If Addenda are issued, Bidder shall indicate the Addenda received by listing its number (e.g., #1, #2, #2A, etc.) and attaching a copy of the Addenda to the bid. PRE-BID CONFERENCE There will be a non-mandatory conference at the Bums Road Community Center, 4404 Bums Road, Palm Beach Gardens, Florida on September 11, 2000 at 10:00 a.m. ATTACHMENT TO BID FORM The Bidder is responsible to submit each of the attached appendices to his/her completed Bid Form: Appendix A. Description Drug-Free Workplace Certification 10 SPECIFICATIONS The work performed under this specification includes all labor, supervision, materials, equipment and supplies necessary for the construction of the skatepark, as indicated on the accompanying drawings, as specified herein, or both. CONTRACT DURATION Each Bidder is required to complete all specified work by April 3, 2001. Bidder recognizes that time is of the essence and that the City will suffer financial and other losses if the specified work is not completed by the date specified above. Both parties recognize delays, expense and difficulties involved ion proving the actual loss suffered by the City if the work is not completed on time. Accordingly, instead of providing such proof, Bidder and the City agree that as liquidated damages for delay (but not as penalty), Bidder shall pay the City five hundred dollars ($500) for each day expires after the time specified above until the work is completed and ready for final payment. 11 CITY OF PALM GARDENS BID FORM The undersigned agrees to furnish all labor, supervision, materials, equipment and supplies necessary for the construction of the skatepark, as indicated on the accompanying drawings, as specified herein, or both. 1. Main Skatepark Lump Sum: $ 2. Add-on alternate # 1 Construction: $ Delivery must be F.O.B. Palm Beach Gardens, Florida. Addenda received: Manufacturer Proposed: Model Proposed: Warranty: Terms: Delivery: Manufacturer’s Literature and Specifications must be submitted with Bid. Company Name: By: Address: Telephone: Date: Signature: Title: 12 APPENDIX A DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does/does not (circle appropriate response): (Name of Business) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the danger of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling. 13 INVITATION TO PROPOSE PROPOSAL NAME: The City of Palm Beach Gardens is soliciting proposals for the Construction of a Skatepark. Proposals shall be sealed and plainly marked on the outside of the envelope: "Palm Beach Gardens Skatepark". All proposals must be received on or before 11:00 a.m., September 26, 2000 in, at the office of the City Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. - 5:00 p.m., Monday through Friday except holidays. Any proposal received after the specified time will not be considered. Forms and specifications are available at the City Clerk’s office. The City Clerk may be reached at (561) 799-4122. PLEASE PUBLISH:Palm Beach Post Dodge Report Construction Joumal Construction Bulletin Also Send To: John Woodstock 18544 127th Dr. N. Jupiter, Fl 33478 743-5963 14 City of Palm Beach Gardens Parks and Recreation Department September 11, 2000 Skatepark Addendum # 1 I Tim Givens representing Tim-Givens Building & Remodeling, Inc.acknowledge receipt of Addendum # 1 Electrical Specifications for the Palm Beach Gardens Skatepark. 9/25/00 Signature Date ADDENDUM NUMBER TWO TO THE PROJECT MANUAl. AND DRAWINGS FOR THE CONSTRUCTION OF SKATE PARK DESIGN FOR PI..4NT DRIVE PARK PALM BEACH GARDENS, FLORIDA O=te of P~’oiect Manual & D~wings: July 21, 2000 Date of Addendum Number One; September 1t, 2000 Date of Addondum Number Two: September 25, 2000 The General Contractor ~hmll retain a material testing labol~tory to fagure o~s, the General Cont~or sha~l pay ~ all t~e rates~ng. ~e Contm~r The General Contractor ~;hall assumeth~t the new,~tructure and convey~r~ce system to be core drilled by the Cont~or as; reciu~red for ~.he .dra;rt~g~ syetem~ The 6’0" high landscaping hedge Indicated on the south and we=t perimeter of the sl~e shall be pr~vid~ and ins~l~ by the City ~ P~I~ Bea~ Gardens. The Oene~l ~nt~c~r shall ~inate s~eduli~ and Imptomen~0on ~th the respe~L[v~ ~ and ~ CITY OF PALM GARDENS BID FORM The undersigned agrees to furnish all labor, supervision, materials, equipment andsupplies necessary for the construction of the skatepark, as indicated on the accompanying drawings, as specified herein,- or both. 1. Main Skatepark Lump Sum: $ 2. Add-on alternate # 1 Construction: $ 275,000.00 85.000.00 Delivery must be F.O.B. Palm Beach Gardens, Florida. Addenda received:As per revised plans dated 1/17/01 Concrete and wood Skatepark Custom Design One Year To Be Determined Manufacturer Proposed: Model Proposed: Terms: Delivery:Approximately 4-5 months after permit Manufacturer’s Literature and Specifications must be submitted with Bid. is issued Company Name: By: Address: Telephone: Date: Signature: Title: Tim GivensBuildinq & Remodeling, Inc. Tim Givens and John Woodstock Design 5390 Georgia ¯Avenue West Palm Beach, Florida 33405 533-5828 February I, 2001 President Fax: 533-6030 APPENDIX A DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Tim Givens Bu~.:tdinc~ & Remode]_in_o Inc does/does not (circle appropriate response): (Name of Business) o Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the danger of drug abuse in the workplace, the busine)s’s policy of maintaining a drug-free workplace, any available drag Counseling. 13 TIM GIVENS BUILDING ~ REMODELING, INC. 2/!/0.1 Skatepark Plant Drive Park We propose to construct a Skatepark as designed by MPA Architects, Inc. dated January 17, 2001. This revised plan reflects the new design of the concrete and wood ramps, retaining walls and the deletion of the lighting system from the original Total cost $ 275,000.00 Included in this bid: ¯ Site Prep ¯ Drainage ¯ Structural foundation walls ¯ Earth bearms ¯ Concrete structure and slab ¯ Wood ramp elements with compost surface ¯ Fencing and railings ¯ Sod ¯ Tcmporary construction fencing Not included in bid: ¯Lighting system ¯Landscaping other than sod ¯Irrigation system ¯Future half pipes (add alternate) 5390 Georgia Avenue, \Vest Palm Beach, Florida 33405 Phone: 561-533-5828 Telefax: 561-553-6030 x FROM : TIM GIUENS BLDG PHONE NO. : 561 533 6030 Feb. 25 2002 10:56AM P2 G v Ns 2/25/02 Skatepark Plant Drive Park Schedule of Values General Requirements Temporary Site Cn~ing and Site Work Fill and Compaetion Drainage Foundation Walls and Footings Slab Concrete and Steel Sloped Walls and Landscaping Sod Fence and Railings General Labor, Design and Sculpting Wood Ramps Total 74,600.00 11,000.00 15,000.00 10,000.00 10,000.00 38,400.91_1 28,000.00 25,000.00 3,000.00 10,000,00 30,0O0.00 20,000.00 $ 275,000.00 5390 Georgi~ Avenue. West Palm Beach, Florida ~105 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: March 21, 2002 Subject/Agenda Item: Consideration of Resolution 35, 2002, authorizing the Mayor to execute an amendment to the City’s existing Florida Recreation Development Assistance Program (FRDAP) funding agreement for the Westminster Park project. Recommendation/Motion: Staff recommends a motion to approve Resolution 35, 2002 aspresented. Reviewed by: City Attorney~ Finance~ ACM Other Submitted by: Department Director City Manag~=r Originating Dept.: Administrat~ Advertised: IX] Not Required Affected parties [ ] Notified IX] Not required Costs: $ -0- (Total) Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: Cover Memorandum Resolution 35, 2002 [ ] None Background: Please see attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO:Honorable Mayor & Council APPROVED: Ron Ferris, City Manager FROM: SUBJECT: DATE: February 22, 2002 Stacy A. Rundle, Grants/Contracts Administrator Resolution 35, 2002 - Amendment to Westminster Park Grant Agreement In August of 2000, the City entered into an agreement with the Florida Department of Environmental Protection for grant funds in the amount of $112,500 for the Westminster Park project through the Florida Recreation Development Assistance Program (FRDAP). The Westminster Park project will be built adjacent to our existing Community Center on Burns Road, across from the Municipal Complex. The project includes shuffleboard courts, Bocce courts, horseshoes, picnic facilities, an exercise/jogging trail, restrooms, landscaping, a water feature, signage, and other related support facilities. The original completion date was August 31,2002. With the onset of the Burns Road widening project, staff began to look for ways to combine certain aspects of both projects, so as to leverage dollars for the park project. By postponing construction of the park, the City can take advantage of preliminary site work necessary for the Burns Road project, thus freeing up funds for an enhanced water feature and an enhanced jogging trail. The FRDAP agreement allows for a one year project extension and staff made a request for same to the Department of Environmental Protection. It was approved by the Department via Amendment 1 to Agreement, attached as Exhibit "A" to Resolution 35, 2002. Resolution 35, 2002 was prepared to authorize the Mayor and the City Clerk to execute this amendment. Staff recommends Council approve Resolution 35, 2002 as presented. RESOLUTION 35, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AMENDMENT 1 TO THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) FUNDING AGREEMENT FOR WESTMINSTER PARK (DEP CONTRACT NUMBER F1361) AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 28, 2000, the City of Palm Beach Gardens ("City") entered into a Florida Recreation Development Assistance Program funding agreement with the Florida Department of Environmental Protection ("Department") for the project known Westminster Park ("Project"); and WHEREAS, said agreement provides funding for Project in an amount not to exceed $112,500 on a reimbursement basis and a completion date of August 31, 2002; and WHEREAS, Project is located adjacent to the Burns Road widening project; and WHEREAS, due to the Burns Road widening project, City has the opportunity to leverage funds for certain aspects of Project which include construction and demolition work which will allow for enhancements to Project, including a water feature and enhanced jogging trail; and WHEREAS, postponing the commencement of Project construction to coincide with commencement of the Burns Road widening project will allow City to take advantage of the aforementioned opportunity; and WHEREAS, the Department has approved a request from the City to extend the completion date of Project by one year, to August 31, 2003, to allow for the coordination between Project and the Burns Road widening project via Amendment 1 to Agreement; and WHEREAS, staff recommends that the City Council authorize the Mayor to execute Amendment 1 to Agreement (DEP Contract Number F1361); and WHEREAS, the City Council has determined the adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The Palm Beach Gardens City Council hereby approves Amendment 1 to Agreement (DEP Contract Number F1361), attached hereto as Exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute said Amendment. SECTION3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolutions 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 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this __day of ,2002. ATTEST: MAYOR CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: Mayor Vice Mayor Councilmember Councilmemeber Councilmember AYE NAY ABSENT -2- EXHIBIT "A"F1361 (DEP Contract Number) STATE OF FLORIDA COPY DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment. 1 to Agreement This Amendment entered into on , 20 , serves to amend portions of the Agreement dated August 28, 2002, by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and the City of Palm Beach Gardens, hereinafter referred to as GRANTEE, for the approved recreational project known as Westminster Park, Project #F01361, pursuant to section 375.075, Florida Statutes and Part V, Chapter 62D-5, Florida Administrative Code. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Paragraph 13 Sentence 1 is amended as follows: The GRANTEE shall complete all project elements on or before August 31, 2003. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this STATE OF FLORIDA DEPARTMENT OF CITY OF PALM BEACH GA ENVIRONMENTAL PROTECT ION By: Director or Designee Division of Recreation and Parks By: Person Authorized to Sign Printed Name DEP Contract Ma~a~r / Title Address: 4404 Burns Road Palm Beach Gardens, Florida 33410 Approved as to Form and Sufficiency: Agreement has been pre-approved as to form and sufficiency by Jerome I. Johnson, Assistant General Counsel, on December 12, 2001, for the use for one year. Grantee Attorney DEP 42-050 Revised 1-23-02 Jeb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 February 14, 2002 David B. Struhs Secretary Mr. Brian McLaughlin Parks and Recreation Department City of Palm Beach Gardens 4404 Burns Road Palm Beach Gardens, Florida 33410 Re:Westminster Park FRDAP Project No. F01361 Dear Mr. McLaughlin: Attached are two original amendments to extend the construction completion date for this project. Please execute and return both original copies to our office. In signing the amendments, do not complete the blank spaces for the execution date. Our staffwill date the amendment when formally executed by the Department of Environmental Protection and one original copy will be returned to you. Your immediate attention to this matter is appreciated. Sincerely, A. Diane Langsto6 Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 ADL/kd Attachment "More Protection, Less Process" Printed on recycled paper. F1361 (DEP Contract Number) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment 1 to Agreement This Amendment entered into on , 20 , serves to amend portions of the Agreement dated August 28, 2002, by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and the City of Palm Beach Gardens, hereinafter referred to as GRANTEE, for the approved recreational project known as Westminster Park, Project #F01361, pursuant to section 375.075, Florida Statutes and Part V, Chapter 62D-5, Florida Administrative Code. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Paragraph 13 Sentence 1 is amended as follows: The GRANTEE shall complete all project elements on or before August 31, 2003. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF PALM BEACH GARDENS By:By: Director or Designee Division of Recreation and Parks Person Authorized to Sign Printed Name DEP Contract Ma~/a~6r / Title Address: 4404 Burns Road Palm Beach Gardens, Florida 33410 Approved as to Form and Sufficiency: Agreement has been pre-approved as to form and sufficiency by Jerome I. Johnson, Assistant General Counsel, on December 12, 2001, for the use for one year. Grantee Attorney DEP 42-050 Revised 1-23-02 F1361 "(DEP Contract Number) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Amendment 1 to ~greement This Amendment entered into on , 20 , serves to amend portions of the Agreement dated August 28, 2002, by and between the Department of Environmental Protection, hereinafter referred to as DEPARTMENT, and the City of Palm Beach Gardens, hereinafter referred to as GRANTEE, for the approved recreational project known as Westminster Park, Project #F01361, pursuant to section 375.075, Florida Statutes and Part V, Chapter 62D-5, Florida Administrative Code. In and for the mutual covenants between them, the DEPARTMENT and the GRANTEE agree that the following amendment shall apply to the above referenced Agreement: Paragraph 13 Sentence 1 is amended as follows: The GRANTEE shall complete all project elements on or before August 31, 2003. In all other respects the Agreement of which this is an Amendment and attachments relative thereto shallremain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF PALM BEACH GARDENS By:-By: Director or Designee Division of Recreation and Parks Person Authorized to Sign Printed Name DEP donhract MaraUder/ Title Address: 4404 Burns Road Palm Beach Gardens, Florida 33410 Approved as to Form and Sufficiency: Agreement has been pre-approved as to form and sufficiency by Jerome I. Johnson, Assistant General Counsel, on December 12, 2001, for the use for one year. Grantee Attorney DEP 42-050 Revised 1-23-02 CITY OF PALM BEACH GARDENS CITY COUNCIL GROWTH MANAGEMENT DEPARTMENT STAFF REPORT Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 SUBJECT/AGENDA ITEM Petition SP-01-39: Laser and Surgery Center of the Palm Beaches Consideration of Approval: Resolution 41, 2002, a request by Cotleur & Hearing, agent for the Laser and Surgery Center of the Palm Beaches, for Phase One approval (20,345 square feet) and Phase Two conceptual approval (9,455 square feet) on a site consisting of 3.2, acres located within the Regional Center Development of Regional Impact (DR_I). The site is located on the south side of Kyoto Gardens Drive, approximately midway between Fairchild Gardens Avenue and Lake Victoria Gardens Avenue. (6- 42S-43E) RECOMMENDATION Staff recommends approval of Resolution 41, 2002, which contains conditions of approval. Reviewed by: Principal Planner Talal Benothman, City Attorney Finance NA D~A~ment Compliance: Submitted ~y: Growthf~ Directolk~ ~~ Charles K. Wu, AICP Appr~~ City Man~er IA Ronald M. Fe~,(s Originating Dept.: Growth Management: Project ~ Manage~ Jackie Ho~Ao.Ah, _ an, Planner Advertised: Date: Pal~er: Palm Beach Post [X] Not Required Affected parties: [ ] Notified IX] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [X] Other NA__ Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval IX]Rec. app. w/conds. 5-1 Vote [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Resolution 41, 2002 ¯ Table 1 ¯ Table 2 ¯ Project Narrative ¯Site, Landscape, Lighting, Architectural Plans & Rendering, Location Map ¯ Conceptual Engineering Plan ¯ Staff & Agency Comments City Council Meeting Date: March 21, 2002 Date Prepared: March 5, 2002 Petition No: SP-01-39 BACKGROUND The proposed development is located within the Regional Center Planned Community District (PCD). The property is bounded by Kyoto Gardens Drive to the north, the Viridian Office Center the east, the Grand Bank Center to the south, and a Northern Palm Beach County Improvement District lake to the west. The site will be developed in two phases, with a total of 29,800 square feet of medical and professional office use. Phase I will be the Laser and Surgery Center of the Palm Beaches, and Phase II will be a single-story 9,455 square-foot medical office building to be requested at a future date. The subject parcel was part of a larger parcel that has been subdivided. The proposed project is located within the Regional Center DRI. On February 16, 1984, City Council approved the Development Order of the Regional Center DRI by 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 has been amended six times previously. It currently permits the development of 1,440,000 square feet of retail, 1,210,000 square feet of office (business), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI approximately 458.2 acres. PROCEDURE This is a request for a major site plan review within a PCD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staffand makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. A public heating is not required. LAND USE AND ZONING The land-use designation of the subject site as reflected on the City’s Future Land Use Map is Professional Office (PO). The site’s land-use designation on the Master Plan (Map H) Development of the DRI is Office/Hotel/Community Use. The zoning classification of the site is Planned Community District (PCD). The attached Tables and 2 illustrate the adjacent uses, land use designations, zoning districts, site analysis, and Code consistency. 2 City Council Meeting Date: March 21, 2002 Date Prepared: March 5, 2002 Petition No: SP-01-39 PROJECT DETAILS Building Site The applicant is proposing a total of 29,800 square feet of medical office and general office use on a 3.2-acre site. The site will be developed in two phases. Phase I will consist of a single-story, 20,345 square-foot building for the Laser and Surgery Center of the Palm Beaches that will include 1,516 square feet of general office use. It is anticipated that Phase 1I will consist of a single story, 9,455 square-foot medical office building. The specific site plan application for Phase II will follow at a future date. The Laser and Surgery Center of the Palm Beaches building is oriented to engage the existing lakefront adjacent to the west property line. One patient drop-off lane is provided at the northwest comer of the building for incoming patients, and one pick-up lane is provided on the north side of the building, just east of the drop-off-lane, for patients being discharged. This configuration is intended to improve both vehicular circulation and internal operation of the building. The applicant is providing specialty pavers at the driveway entrances, at the two entries to the building, and at walkways and crosswalks. Architecture Phase I building is an Italianate design with arched windows, a tower, and two porte cocheres that give the elevations distinctive character and appearance. The stucco exterior finish will be Uptown Taupe SW1057, and the accent trims will be White Orchid SW1954 and Forest Berry 2300. The windows will feature a bronze glazing, and the Bermuda clay tile roof will be a flat clay tile 041- Blaze Ash (typical reddish-brown color). The building complies with all setback requirements as set out in the attached table. Parking Section 78-345 of the Land Development Regulations (LDRs), Table 33, requires one (1) space 200 square feet of medical office use, for a total of 102 required spaces being required for Phase I. The applicant has provided 103 spaces. Six (6) handicap parking spaces are required by Section 78- 371 of the LDRs, and seven (7) spaces have been provided. The applicant has also provided the one (1) loadiiag space as required by Section 78-364 of the Land Development Regulations. Trafl~c A traffic analysis by Kimley-Hom and Associates indicates Phases I and 11 combined are expected to generate 1,033 average daily trips, with 71 a.m. and 106 p.m. peak hour trips. It is expected that some of the office trips will be made to other uses and destinations within the Regional Center DRI, and it should be noted that the volumes have not been reduced for "pass-by capture." The projected trips are based on the rates published in the Trip Generation, 6th Edition, of the Institute of 3 City Council Meeting Date: March 21, 2002 Date Prepared: March 5, 2002 Petition No: SP-01-39 Transportation Engineers (ITE). Appropriate turn lanes already exist at all of the intersections where the project will have an impact of any magnitude. Site Access Access to the site is to be from a shared access driveway offKyoto Gardens Drive, which intersects Fairchild Gardens Avenue at a point east of the subject site within the Regional Center DRI. The only public fight-of-way upon which the subject site fronts is Kyoto Gardens Drive. A fight-in lane and fight-out lane are located on Kyoto Gardens Drive, and a full access point is placed at the access road located adjacent to the east boundary of the site. Art in Public Places The petitioner has agreed to provide a work of art on the site in compliance with Section 78- 262(a)(1) of the Land Development Regulations and has retained the services of a consultant coordinate the Art in Public Places portion of this project. Four locations within the site have been identified as possible artwork locations: (1) next to the entrance to the east of the driveway; (2) lawn area between the drop-off and pick-up driveways; (3) the lawn area in front of the drop-off- area; and (4) the pedestrian walk where it intersects with the street sidewalk at approximately the midway point of the property frontage on Kyoto Gardens Drive. The location and the type of artwork are being coordinated at this time with the Palm Beach Gardens Art Advisory Committee. Sifnafe The applicant is requesting one ground sign at the northwest corner of the site. The subject parcel no longer has a ground sign designated to it under the MacArthur Center Master Signage Program, because the one ground sign allowed for Parcel 27.10B was used by the Grand Bank on the south parcel. Therefore, the applicant is requesting, as part of this application, an amendment to Resolution 64, 1998, that adopted the MacArthur Center Signage Program, to allow an additional sign. Requested Waiver The applicant is requesting one waiver from the Land Development Regulations, which is as follows: WAIVER EASEMENT REQUESTED ALLOWED BY STAFF RECOMMENDATION ENCROACHMENT WAIVER CODE 8-foot landscape Yes - 3-foot waiver 5-foot encroachment ApproVal (1) - per letter encroachment into utility is allowed by Code agreement from Seacoast easement Utilities dated 2/12/02 4 (1) City Council Meeting Date: March 21, 2002 Date Prepared: March 5, 2002 Petition No: SP-01-39 Three-Foot (3 ’) Additional Encroachment into UtifitV Easement- According to LDR Section 78-306(d), only five feet of required buffer may encroach into a utility easement. The applicant is proposing an additional three-foot encroachment for a total landscape encroachment of eight feet. A 20-foot wide utility easement exists along the west property line with a 24-inch water main located in the center of the easement. The applicant is proposing to locate the required eight-foot landscape buffer within the utility easement. Plantings have been relocated along the west property line to reduce any potential conflict with the existing water main structure and access to said structure. Root barriers have been specified for trees to be located within the buffer to further reduce conflicts between the proposed landscaping and the existing 24" water main. A planting theme will be created along the west property line of the subject site which will be consistent with the landscaping that already exists on the property to the south. .In a letter dated February 12, 2002, Seacoast Utility Authority stated there is no objection to landscaping being placed in the 20-foot utility easement along the west property line provided root barriers are installed, the root balls of shade trees are located a minimum of seven (7) feet from outside the water main, root balls of palm trees are located a minimum five (5) feet from outside the water main, and no laurel oaks may be used. Unless this encroachment is allowed into the utility easement, the building, parking lot, and drive aisles would need to be relocated to the east on the site. Because this would create a hardship for the applicant, and because Seacoast Utility has no objection to the encroachment, staff is recommending approval of this waiver. COMMENTS FROM DEVELOPMENT REVIEW COMMITTEE (DRC) Following comments received from the Development Review Committee, the petitioner made requested changes to the plans and submitted a Conceptual Engineering Plan and a certified drainage statement by a registered engineer. To date, no objections have been received from the Building Division, Police Department, Parks & Recreation Department, City Legal, Palm Beach County School District, South Florida Water Management District, Waste Management, or Florida Power & Light. Seacoast Utility Authority stated, "The conceptual engineering plan needs to be revised to show a water main loop to the parcel immediately to the south. This may affect the proposed site plan and landscape plans." The applicant made this change to the conceptual engineering plan and adjusted landscape plans accordingly. The City’s Traffic Engineering consultant requested additional information in order to properly evaluate the overall traffic impact of all approved developments and determine compliance with the Regional Center Development Order. In response to this request, Kimley-Horn and Associates stated on February 8, 2002, "... the trip generation potential for the uses that are existing, approved, and City Council Meeting Date: March 21, 2002 Date Prepared: March 5, 2002 Petition No: SP-01-39 pending approval is lower than the trip generation potential of the most recently approved Notice of Proposed Change (NOPC) for the Regional Center." STAFF RECOMMENDATION Staff recommends conditional approval of Petition SP-01-39 with the conditions contained in Resolution 41, 2002, and approval of an amendment to Resolution 64, 1998, to allow a monument ground sign at the northwest entry. Staff further recommends approval of a waiver to allow an additional three-foot landscape encroachment onto the west buffer, for a total landscape encroachment of eight feet. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission heard this petition as a recommendation to City Council at their February 26, 2002, meeting and voted 5-1 to recommend approval of this petition with the conditions recommended by Staff and the one waiver requested by the applicant. 6 City Council Meeting Date: March 21, 2002 Date Prepared: March 5, 2002 Petition No: SP-01-39 TABLE 1 ZONING CLASSIFICATIONS, LAND USE DESIGNATIONS, AND SITE ANALYSIS Subject Property Planned Community District (PCD)DRI/PCD/PO Vacant North Vacant South - Grand Bank & Vacant (Legacy Place) West Vacant/lake area East Viridian Office Center PCD DRI/PCD/PO PCD & Planned Development Area (PDA) DRI/PCD/PO & Mixed Use PCD DRI/PCD/PO PCD DRI/PCD/PO TABLE 2 CONSISTENCY WITH CODE Code Requirement PCD-Planned Community District Lot Coverage - 35% Parking spaces - 102 Loading space- 1/50,000 s.f. - size 12’x35’ Parking stall dimensions : 10’ X 18.5’ Setbacks: Front (north): 25’ West Side: 15’ Proposed Plan Rear (south): 15’ Building height : 36’ Open space: 10 % minimum Medical and General Office 21.45% 103 spaces - 1/20,345 s.f. - size 12’ x 35’ 10’ X 18.5’ 67’6" 42’4" East Side: 15’232’ 50’6" 35’ 24.91% Entry Ground sign: Under PCD Master Ground sign at northwest site entrance Signage Program for MaeArthur Center, the proposed sign is not allowed. 5-foot landscape encroachment into utility 8-foot encroachment easement is allowed Consistent Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Amendment to Resolution 64, 1998 is being requested No * *Waiver Requested G:Jackie/SP0139 laser surgery cc stf 7 Date prepared: 3/7/2002 4:03 PM RESOLUTION 41, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR PHASE ONE APPROVAL OF A 3.2- ACRE SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF PHASE ONE, CONSISTING OF 20,345 SQUARE FEET, AS PART OF A TWO-PHASED, MEDICAL OFFICE USE LOCATED WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN AMENDMENT TO RESOLUTION 64, 1998, TO ALLOW ONE GROUND SIGN AT THE NORTHWEST ENTRY TO THE SITE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABIITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has received a site plan application (SP-01-39) from Cotleur & Hearing, agent for the Laser and Surgery Center of the Palm Beaches, to provide for a 3.2-acre, two-phase development consisting of a 20,345 square-foot medical office and general office use building in Phase One (1), and conceptual approval of a 9,455 square-foot medical office building in Phase Two (2), which is located in the Regional Center DRI and PCD, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the site is currently zoned Planned Community District (PCD) with underlying zoning of Professional Office (PO), with a future land use of Professional Office (PO); and W H EREAS, the Master Plan (Map H) designation for the Development of Regional Impact (DRI)is Office/Hotel/Community use; and WHEREAS, the Growth Management Department has reviewed said application and determined it is sufficient and it is consistent with the City’s Comprehensive Plan, the Land Development Regulations, and the Regional Center DRI development order, as amended; and WHEREAS, the applicant further requests an amendment to Resolution 64, 1998, to allow one additional monument ground sign at the northwest entrance to the subject site as shown in Exhibit "B" attached hereto; and Resolution 41, 2002 Date Prepared: 3/7/2002 WHEREAS, the Growth Management Department has recommended approval of the site plan known as Parcel 27.10B North, the Laser and Surgery Center of the Palm Beaches; and WHEREAS, on February 26, 2002, the Planning and Zoning Commission recommended approval of Petition SP-01-39, with conditions. 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 first phase of a two-phase development with a total of 29,800 square feet, consisting of 20,345 square feet of medical office and general office use in Phase One, and hereby conceptually approves 9,455 square feet of medical office use in Phase Two, located within the Regional Center DRI/PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 2. The City Council hereby amends Resolution 64, 1998, and approves one additional monument sign at the northwest entrance to the subject site as shown on Exhibit "B" attached hereto and incorporated herein. SECTION 3. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 4. Said approval shall be subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Future Phase Two shall not exceed 9,455 square feet of medical use, shall be architecturally compatible with Phase One, and shall be reviewed and approved by both the Planning and Zoning Commission and the City Council, in accordance with Section 78.43 of the City Code. (Planning and Zoning) 2.During the construction of Phase One, the project site for Phase Two shall remain grassed and irrigated. (Code Enforcement) Root barriers shall be installed for all trees located in the 20-foot Seacoast utility easement along the west property line. Additionally, the root balls of shade trees shall be located a minimum of seven (7) feet from outside the water main, the root balls of palm trees shall be located a minimum of five (5) feet from outside the water main, and no laurel oaks may be planted within the easement. The landscape architect of record shall provide a written certification of compliance with this condition prior to issuance of the certificate of occupancy. (City Forester) 2 Resolution 41, 2002 Date Prepared: 3/7/2002 This approval does not include approval for any wall signs on the subject site, except for the one sign on the north elevation allowed by City Code. (Planning & Zoning) All outstanding comments included in the memorandum from LBFH, Inc., dated February 19, 2002, shall be addressed to the satisfaction of the City Engineer prior to issuance of building permit. (City Engineer) 6.The build-out date for this project shall be February 16, 2004, as set out bythe Regional Center DRI Development Order, as amended. (Planning & Zoning) SECTION 5. Construction of the site shall be in compliance with the following plans and documents on file with the City’s Growth Management Department: 1.Laser and Surgery Center of the Palm Beaches, Parcel 27.10B, Site and Landscape Plans Sheets 1-6 by Cotleur Hearing dated 3/6/02. 2.Architectural Plans GO.0, GO.02, LS.01, AI.00 AI.01A, AI.01B, AI.02A, AI.02B A1.21, A2.01-A2.03, A3.31, A3.31A, A5.01, A5.01A, A5.01B, and E4.02 by Gould Turner Group dated 3/6/02 3.Conceptual Engineering Plan Sheet I by Keshavarz & Assocs. Dated 2/6/02. 4.Revised traffic analysis letter dated February 14, 2002, by Kimley-Horn & Assocs. 5.Sign Location Plan and Message Schedule Sheet SL.1 by EDAW dated May 23, 2000, and revised by Cotleur Hearing 3/6/02. SECTION 6. The following waiver is hereby granted with this approval: (1)A waiver from Section 78-306(d) of the City Code which allows a five-foot (5’) landscape buffer encroachment into a utility easement, to allow eight-foot (8’) landscape buffer encroachment into the western utility easement. SECTION 7. 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 8. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9. This Resolution shall be effective upon adoption. 3 PASSED AND ADOPTED THIS DAY OF Resolution 41, 2002 Date Prepared: 3/11/2002 2002. ATTEST BY: MAYOR APPROVED AS TO LEGAL FORM AND SUFF~ICIENCY BY: CAROL GOLD, CITY CLERK CITY ATTORNEY VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AYE NAY ABSENT G:Jackie/sp0139 reso laser 4 Resolution 41, 2002 Date Prepared: 3/5/2002 EXHIBIT "A" PROPERTY DESCRIPTION: PARCEL 1, REGIONAL CENTER PARCELS 27.10B & 27.10C, ACCORDING TO THE PLAT THEREOF, AS RECORDED tN PLAT BOOK 88, PAGES 118 AND 119, OF ~ PUBLIC RECORDS OF PLAM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS, RESTRICTIONS, AND RIGHTS-OF-WAY OF RECORD. CONTAINING 139,430.24 SQUARE FEET OR 3.201 ACRES MORE OR LESS. 5 I JL_ laOI.’ZZ leoJed s~q~e~ ZUled ~q.Z JO ¯ ~./.u~o Az~.~hnB puv.~se7 / /I t ~ ~1!ii’ i t Ilk ::::: o o;; S~t3NNVld ~ SLZ~3LIHDSV S3H~)V3[3 WIVd 3H1 :lO L i3 iii I I I I I LLI_L_LI_~J 1 ::?o,s,^~ ’::)’d ’dnO~lD ~F1N~Ir~£ crlFIu:J \,~ \ z S]H::)V:]8 ~]Vd ]Hi :10 z Jl, X I ~drlOt:lO --,ll ~¢OI8Ol:I ’SN]CI~IVD HD’C:Jfl I~Vd S:tHDV-~I8 W’IVd :IH/-tO ~d31N3D A~I3E)~Ins C]NV ~d:t~V7 ~JII i Z ,iI d ’I’d ’dr10~]D ~]::IN~I~I (]]CIOD I }taIN]D A~IgD}IrlS GNV ~I]SV-I - ~ Ir iL~ 9t]NNVI(t ~) SL~:I.LIHD~IV S:IH~)V]{] Y~rlVd :IH/-I0 "D’d ’dNO~tD ~]N~tN1 C]INOD ~FIZN:ID A~t:ID~tN~ C]NV ~t]SV-I ~ %%%% "YOlUO’ld ’$N’qOHV~) H3V::I8 W’lYd $3H3V~8 N’lVd :+HJ..-I0 H~ILN:]~ XH::ff)l:lfl$ QNV I:l::lSV’l P~;A SURGERY ,..’EN TE~ ~,erial Map NTS N W~E S Cotleur Hearing 1934 Commerce Lane. Suite 1 Juptler, Florida 33458 561 747 6336 Fax747 1377 Land Use Map NTS MXD ’ect RH: P RL I MXD RM P C r/C PO N ~Cotleur Hearing 1934 Comme~ce Lane, Suite I Juplter, Florida 33458 561 747 6336 Fax747 1377 THE LASER AND SURGERY CENTER OF THE PALM BEACHES Thursday, February 14, 2002 Parcel 27.10B of the MacArthur Regional Center Development of Regional Impact The Laser and Surgery Center of the Palm Beaches is seeking Phase I site plan approval for a 3.19-acre portion of parcel 27.10B, located within the Regional Center Development of Regional Impact (DRI). The site is located in the southwest quadrant the intersection of Fairchild Gardens Drive and Kyoto Gardens Road. The site is bounded by Kyoto Gardens Road to the north, the Viridian Office Center to the east, the Grand Bank Center to the south and by a Northern Palm Beach County Improvement District lake to the west. The site will be developed in two phases, with a total of 29,800 square feet of medical use. Phase I will be The Laser and Surgery Center of the Palm Beaches. It is anticipated that Phase II will be medical office use. The project is designed for consistency with the Regional Center DRI Development Order and the City of Palm Beach Gardens Land Development Regulations (LDR’S), Comprehensive Plan and PGA Boulevard Overlay Corridor. The Laser and Surgery Cen~ur of the Palm Beaches Project Narrative February 14, 2002 PROPER~Y OWNER MALL PROPERTIES INCORPORATED 4300 CATALFUMO WAY PALM BEACH GARDENS, FLORIDA 33410 PHONE: 561-694-3000 CONTACT: KENNETH BLAIR A~HORIZED AGENT COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33458 PHONE: 561-747-6336 CONTACT: DONALDSON HEARING ARCHITEC~ GOULD TURNER GROUP 3535 GRANDVIEW PARKWAY, SUITE 255 BIRMINGHAM, ALABAMA 35243 PHONE: 205-968-4085 CONTACT:.ANDREW A. BURELL CIVIL ENGINEER KESHAVARZ & ASSOCIATES 1280 NORTH CONGRESS, SUITE 206 WEST PALM BEACH, FLORIDA 33409 PHONE:561-689-6800 CONTACT: MAZIR KESHAVARZ SURVEYORS KESHAVARZ & ASSOCIATES 1280 NORTH CONGRESS, SUITE 206 WEST PALM BEACH, FLORIDA 33409 PHONE:561-689-8600 CONTACT: MAZIR KESHAVARZ ~Cotleur Hearing 1934 Cornmelce I.~ne, S~Ie I Jupllef, Ftodda 33458 561 7476336 Fax7471377 DEVELOPER/APPLICANT THE LASER AND SURGERY CENTER OF THE PALM BEACHES 3801 PGA BOULEVARD, SUITE 602 PALM BEACH GARDENS, FLORIDA 33410 PHONE: 561-625-3125 CONTACT: ANGELA PENDAS AUTHORIZED AGENT GOULD TURNER GROUP 3535 GRANDVIEW PARKWAY, SUITE 255 BIRMINGHAM, ALABAMA 35243 PHONE: 205-968-4085 CONTACT: ANDREW A. BURELL PLANNERS AND LANDSCAPE ARCH~TE~ COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33458 PHONE: 561-747-6336 CONTACT: DONALDSON HEARING, ASLA T~FFIC ENGINEER KIMLEY- HORNE AND ASSOCIATES 4431 EMBARCADERO DRIVE WEST PALM BEACH, FLORIDA 33407 PHONE: 561-865-8065 CONTACT: JOE POLLOCK, PE The Laser and Surgery Cent¢, of the Palm Beaches Project Narrative February 14, 2002 Parcel 27.10B is designated PO on the Future Land Use Map of the City of Palm Beach Gardens Comprehensive Plan and as a Planned Commercial Development by the City’s Zoning Code. Map "H" of The Regional Center DRI designates the land use of the parcel as retail, office and hotel use. As stated above, a total of 29,800 square feet of medical office use is proposed for this 3.19 acre site. The site will be developed in two phases. Phase I will consist of a single story, 20,345 square foot building for The Laser and Surgery Center of the Palm Beaches. It is anticipated that Phase II will consist of a single story, 9,455 square foot medical office building. Specific site plan approval for Phase II will follow at a future date. The Laser and Surgery Center of the Palm Beaches building is oriented to engage the existing lakefront adjacent to the west property line. One patient drop-off and pick-up lane is provided. Patients will be processed at the drop-off location and released at the pick-up drive isle. This configuration improves both vehicular circulation and internal operation of the building. Two site access points are provided. A right in and right out is located on Kyoto Gardens Drive and a full access point is placed at the access road located adjacent to the east boundary of the site. Pavers are provided at each access point and within the patient drop off and pick up lanes. The project’s Italianate design was selected for the new ambulatory surgery center (ASC) to blend into the MacArthur Center development, while giving the ASC its own identity. The building is a single story structure of 20,345 square feet. The exterior walls will be constructed of concrete masonry load bearing units covered with plaster. The roof will be a sloped mansard with flat clay Bermuda tiles. The windows will be aluminum framed with bronzed tinted glass. Landscaping along the western property boundary consists of a generous mix of tress, shrubs and ground cover. The proposed on-site plantings at this location will be blended with existing and newly proposed off-site plantings. As part of this application a waiver has been requested to allow for the required eight (8) foot perimeter landscape buffer encroach within a utility easement that exists along the western boundary of the site. This is consistent with prior approvals for other sites in the Regional Center DRI. An effective visual buffer will be achieved by combining the existing off-site plantings with ~Cotleur Hearing 1934 Commerce Leone, SuSie I Jupller, Flodde 33458 561 747 6336 Fax 747 1377 3 The Laser and Surgery Cem~,~~ of the Palm Beaches ’ Project Narrative February 14, 2002 new plantings and on-site trees and shrubs. The intent of the City’s land development code will be achieved with this plan. Permission to plant within the easement has been granted by the easement holder with conditions. Precautions taken with planting in the easement include maintaining maximum distances from water main structures and the provision of root barriers. Existing and proposed off-site plantings are not included in the point total calculations. Various on-site areas of interest include the following: ¯Teriminal islands to include Live Oaks and ground cover (dwarf cocoplum and parsons juniper) ¯Dual hedge is proposed around the dumpster. Undeveloped areas of the site will remain sodded until further approvals sought ¯Secondary entrance (at Fairchild) to be lined with Live Oaks ¯Landscaping area around staff seating area at south property line ¯Landscape feature at northwest corner of property The Regional Center is a 458-acre mixed-use development which includes a blending of retail, restaurant, office, research, hotel and residential uses. The site was rezoned from Agriculture to Planned Community District by way of Ordinance 5, 1984, on February 16, 1984. The first development order was issued (Ordinance 9, 1984) for the site, also February 16, 1984. On November 15, 1984, Resolution 62, 1984 approved a petition for a 1,200,000 sf regional shopping mall, known today as the Gardens Mall. Since 1984, numerous Ordinances and Resolutions have been approved for the Regional Center. Currently there are two (2) Notice of Proposed Change (NOPC) under review for the by the Department of Community Affairs (DCA). PGA Bou e ar Policy 1.1.6.5 of the City of Palm Beach Gardens Comprehensive Plan establishes the PGA Boulevard Overlay District. Section 105 of the Land Development Regulations establishes planning and design guidelines for all properties located within 1000’ of PGA Boulevard. PGA Boulevard is recognized as the "Main Street" of the City of Palm Beach Gardens. Policies and development guidelines have been established to ensure that this area achieves the City’s objectives. These objectives include: a special identity for PGA Boulevard; high quality architecture that is compatible and well landscaped; permit uses that create character and aesthetic quality; preservation of visual character; and, the health, safety and welfare of the City. The Laser and Surgery Center of the Palm Beaches meets all of the design guidelines of the PGA Boulevard Corridor Overlay. Medical Use is a permitted use within the ~Cotleur Hearing 1934 Commerce Lane, Sulle I Jupiter, Flodda 33458 561 747 6336 Fax747 1377 The Laser and Surgery Cent,,, of the Palm Beaches Project Narrative February 14, 2002 Regional Center Planned Community District and the PGA Overlay District. It should be noted that while Parcel 27.10B is located within 1000’ of PGA Boulevard, it does not engaged PGA Boulevard and is separated by the existing Grand Bank Center. For convenience, the site data is provided below. TOWNSHIP 42, RANGE 43, SECTION 6 REGIONAL CENTER PARCELS 27.10B North LAND USE DESIGNATION EXISTING ZONING DESIGNATION: C/PO PCD/DRI PBG PETITION NO.: FLOOD ZONE TBD B TOTAL SITE AREA 3.19 ACRES PROPOSED USES - PHASE 1 MEDICAL - PHASE 1 MEDICAL - PHASE 2 TOTAL BUILDING AREA TOTAL GROUND FLOOR AREA MAXIMUM BUILDING HEIGHT BUILDING STORIES PHASING NUMBER OF BUILDINGS 20,345 SF 9,455 SF 39,800 SF 29,800 SF 35 1 STORY 2 PHASES 2 TYPE OF OWNERSHIP PRIVATE LAND USE ALLOCATION BUILDING LOT COVERAGE VEHICULAR USE AREAS COMMUNITY SERVING OPEN SPACE OPENSPACE, BUFFERS & PLAZAS TOTAL SITE AREA ACRES PERCENT 0.71 22.17% 1.61 50.47% 0.00 0.00% 0.87 27.31% 3.19 100.00% OPEN SPACE CALCULATIONS PERVIOUS OPENSPACE & BUFFERS ACRES 0.77 PERCENT 24.19% ~Cotleur Headng 1934 Commerce Lane, Suite I Jupiter, Florida 33458 561 747 6336 Fax 747 1377 5 The Laser and Surgery Ceres,, of the Palm Beaches Project Narrative February 14, 2002 SUBTOTAL IMPERVIOUS BUILDING LOT COVERAGE VEHICULAR USE AREAS WALKS, COURTYARDS & PLAZAS SUBTOTAL TOTAL PARKING CALCULATIONS PROPOSED USES MEDICAL - PHASE 1 MEDICAL - PHASE 2 HANDICAP (INCLUDED IN TOTAL) 0.77 24.19% ,0.71 22.17% 1.61 50.47% 0.10 3.12% 2.42 75.76% 3.19 99.95% REQUIREMENTREQUIRED PROVIDED 1/200SF 102 103 1/200SF 47 46 6 7 LOADING ZONES 1 1 BIKE RACKS 1 1 All development order regulations of the City of Palm Beach Gardens Comprehensive Plan, Land Development Regulations, PGA Boulevard Corridor Overlay and those of the Regional Center DRI have been met by this application. The proposed development plan is consistent with the surrounding land uses, and therefore, should be approved. ~Cotleur Hearing 1934 Commerce Lane, Sulle I Juplter, Floflda 33458 561 7476336 Fax7471377 Cotl ur& I-Ie tanc~scope Architecls Land Planners Environmental Consultants Friday, February 01, 2002 THE LASE AND SUrGErY CEIVTE OF T’HE PALM EA OHES Waiver Kequest.. Cotleur and Hearing, agent for Laser and Surgery Center of the Palm Beaches is seeking City Council approval of one (1) waiver as permitted by the City of Palm Beach Gardens Land Development Regulations (LDR), to allow relief from specific site development regulations. 1)Landscaping- Oon~-truction Plan l~eview LDR 78-306(d), Easements encroachment Waiver Requested The applicant is requesting a waiver from the "Easements encroachment" requirement outlined in LDR section 78-306(d). The requirement permits a maximum of five feet required buffer to be overlapped by a utility easement while a minimum of five feet of buffer remains "free and clear of any overlap for the plant material installation". Currently, a twenty foot wide utility easement exists along the west property line with a twenty-four (24) inch water main structure located in the middle of the easement (+/-10 feet from the property line). The applicant is proposing to locate the required eight (8) foot landscape buffer within the utility easement. Plantings have been meticulously relocated along the west property line to reduce any potential conflict with the existing water main structure and access to said structure. Root barriers have been specified for trees to be located within the buffer to further reduce conflicts between the proposed landscaping and existing water main. The planting program proposed within the easement meets the requirements of Seacoast Utilities (the easement holder) and provides the necessary clear space for access to the existing water main. The applicant is proposing to integrate on-site landscape p~antings (not included in point totals) with existing off-site trees and vegetation to create a well-unified vegetative buffer between the subject site and the adjacent property. Maplewood Professional Center 1934 Commerce Lane- Suite 1 Jupiter, Florida 33458 Lic..# LC-C000239 561-747-6336 FAX 561-747-1377 http:/www.cotleur-hearing.com Landscape Waiver Request Laser & Surgery Center of the P~... Beaches 2J1/02 This waiver request is consistent with prior waiver requests applied for and approved by City Council for other sites within the Regional Center. A consistent planting theme will be created along the west property line of the subject site with that which already exists on the property to the south. Your support is respectfully requested for the above outlined waiver. Cotleur & Hearing Landscape Archilects Land Planners Environmental Cansul~nts Friday, February 01,2002 Mr. Talal M. Benothman, AICP Principal Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Request for Amendment to Resolution 64-1998 Allowing the Addition of a Monument Sign at the Entrance of Parcel 12.10B in Association With Petition SP- 01-39. Dear Mr. Benothman, Cotleur and Hearing, agent for Laser and Surgery Center of the Palm Beaches is requesting an amendment to Resolution 64-1998 in association with Petition SP-01-39 that seeks approval of a master site plan for the construction of a two phase medical office development totaling 29,800 square feet. The amendment is requesting approval of a monument sign to be designed and located in conformance with LDR Section 78-285 Permitted Signs; and all siting and .design requirements applicable within the Regional Center DRI (MacArthur Center). The subject site is located along the south side of Kyoto Gardens Drive, west of Palm Beach Gardens Mall within the Regional Center. The site is zoned Planned Community Development Overlay District (PCD/DRI) with an underlying land use of Commercial/Professional Office (C/PO). The proposed master site plan application is for an overall development of 29,800 square feet of professional office space, consisting of 18,829 square feet of medical office space and 1,516 square feet of general office space within the first phase building and 9,455 square feet of medical office space reserved within a second building (to be developed in the future). The proposed monument type sign will be used for identification of the development and will include the street address. The location, size, colors, and style of the proposed sign will conform to the regulations outlined in theMacArthur CenterSignage and Graphics Standards package. A monument sign at the entrance will assist motorists in identifying the entrance to the site. Only one other wall-mounted sign identifying the development is proposed for the building fagade along Kyoto Gardens Drive. The request is reasonable and will be designed to comply with the applicable standards outlined in the City’s Land Development Regulations and those governing signage within the Regional Center. Maplewood Prolessional Center 1934 Commerce Lane- Suite 1 Jupiler, Florida 33458 Lie.# LC-C000239 561-747-6336 FAX 561-747-1377 http:/www.cotleur-heoring.com Amendment Request Monument Sign at Entrance 2/1/02 LDR Section 78-285, Table 24 permits permanent signs (ground sign) in accordance with the following requirements: Ground Sign: Ilegulations Permitted in non-residential districts - Maximum size of sign (60 sf) Maximum Sign Faces (2) Maximum No. (1/first 300’ frontage)- Existing/Proposed Conditions Site is zoned PCD/DRI Sign size will conform to MacArthm" Center Signage and Graphic Standards Two-sided monument sign proposed at site entrance One sign is proposed at frontage along Kyoto Gardens Drive. (total frontage of subject site +/- 487.5’) Maximum Dimensions (H 10’/W 15’) - Sign size will conform to MacArthur Center Signage and Graphic Standards Other limits (setbacks, copy, base)-Sign. will be located to meet the front and adjacent property setback requirements. Sign copy will include the building identification and address. A solid base in accordance with Mac.Arthur Center Signage and Graphic ~andards requirements will be provided. The applicant is requesting that staff make as a condition of approval the 15’ front setback for the sign (the applicant will comply with said condition) The requested amendment will conform to the requirements of LDR Section 78-285, and signage- requirements outlined in the MacArthur Center Signage and Graphics Standards package. The request is consistent and permitted for a professional office type of land use. The applicant respectfully requests approval of this amendment in association with petition 01-39 currently under review. Sincerely, Brian Cheguis Cofleur and Hearing Enolosure: CC:Donaldson Heating Andy Burell Angela Pendas Mazir Keshavarz 2 Kimley-Horn and Associates, Inc. November 9, 2001 Revised February 14, 2002 Mr. Andrew Burell C/o Mr. Brian Cheguis Cotleur Hearing 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 Re:Parcel 27.10B North Regional Center DRI Palm Beach Gardens, Florida 040957000 Dear Mr. Burell: As authorized, Kimley-Horn and Associates, Inc. has undertaken a traffic review for the above referenced project. The project will be built in two phases with a total building area of 29,800 square feet. The property is located on the south side of Kyoto Gardens Drive just east of Lake Victoria Drive. The phase 1 building will be a 20,345 square foot laser surgical center of which 1,516 square feet will comprise general office and the phase 2 building will be a 9,455 square foot medical office. The proposed office uses are consistent with the office uses approved in the Regional Center DRI. ¯ 4431 Embarcadero Ddve West Palm Beach, Florida 33407 The trip generation potentials of the laser surgical center and medical office were evaluated using Trip Generation rates contained in the Institute of Transportation Engineers (1TE) Trip Generation Manual, 6~ Edition. The trip generation potential for the general office component of the laser surgical center used 24.61 trips per 1,000 square feet for the daily trip generation, 1.56 trips per 1,000 square feet for the AM peak hour trip generation and 1.49 trips per 1,000 square feet for the PM peak hour trip generation. The trip generation potential for the remaining component of the laser surgical center and medical office used 34.17 trips per 1,000 square feet for the daily trip generation rate, 2.43 trips per 1,000 square feet for the AM peak hour trip generation and 3.66 trips per 1,000 square feet for the PM peak hour trip generation. Since the project is a part of the Regional Center DRI, the trip generation rates were used in lieu of order to reflect the trip to development intensity relationships as establi: the Regional Center DRI NOPC. ¯ TEL 561 845 0665 FAX 561 863 8175 equ.at,o~ Kimley-Horn and Associates, Inc. Mr. Andrew Burell, Revised February 14, 2002, Page 2 The resulting trip generation considering both phases are 1,003 daily, 71 a.m. and 106 p.m. peak hour trips. It is expected that some of the office trips will be n~de to other uses and destinations within the Regional Center DRI. As requested by City staff, we have analyzed the paths which the surgical center and medical office trips will follow in traveling to and from Parcel 27.10B North. The attachment (Figure 1) presents the resulting project driveway trips on the immediate area roadway system. It should be noted that the volumes have not been reduced for pass-by capture. In reviewing the roadway network in place today, we find that appropriate turn lanes already exist at all of the intersections where the project will have an impact of any magnitude. If you or the City should have questions, please do not hesitate to call. Very truly yours, KIMLEY~H.ORN AND ASSOCIATES, INC. ,/ Lorin R. C. ~..’s~t., P.E~. ~ Tran spogafi~ i ~ineer ~lC~ri da Regis~rfitidn Number 56846 Engineering Business Number 696 LRCB/Iem Attachment P:’~lO9X57000"x021402ab.doc Z.,j U.I Memo to File Through: From: Subject: Date: Mark Hendrickson, City Forester Bonnie Peacock, Forestry Technician k~ SP-01-39, The Laser & Surgery Center of the Palm Beaches January 28, 2002 I have reviewed the above-referenced petition and provide the following comments. An 8’ buffer is required on west side of property as per Section 78-306 (d). The buffer will have to be 23’ wide to only encumber 5’ of buffer, as allowed by code, (only 5’ of a buffer can exist within a utility easement). If2Y wide easement is not satisfied, a waiver will have to be requested. We noticed that the revised plan has removed the picnic/lunch area provided for the employees in the southeast corner of the plan. We thought it was a good amenity for the employees and would like to see it reinstated in tl~e design. Jackie Holloman From: nt: Subject: Scott Fetterman Monday, January 28, 2002 7:41 PM Jackie Holloman SP-01-39: Laser & Surgery Center Jackie, I have reviewed the revised plans dated January 18, 2002 for the Laser & Surgery Center of the Palm Beaches and have no adverse comments or concerns at this time. Thank you for your consideration in this matter. Please contact me if any future changes are proposed. Scott Fetterman FEB-19-2002 17:34 LBFH PALM CITY FL 561 286 3925 P.02/03 CONSULTING C~L F_~GIN RI-.~.~, SUP, VEYOR~ ~ MAPPI~.~ CIVIL AGRICULTURAL ~ATF.,R RESOURCES ~ATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING ’9~e.r~ For R~suits V~lue By Design" S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbfl~com TO: FROM: DATE: FILE NO, MEMORANDUM Jackie Holloman Seen C. Donahue, P.E. February 19, 2002 01-4222 SUBJECT: Regional Center- Parcel 27.10B, Phase I We have reviewed the following plans and information for the above referenced project received January 24, 2002: Site Plan and Details prepared by Cofleur & Hearing Landscape Plan and Details prepared by Cotleur & Hearing Lighting Plan prepared by Cotleur & Hearing Conceptual Engineering Plan prepared by Keshavarz & Associates, Inc. We have the following comments: The City’s traffic consultant, MTP Group, Inc., has completed their review of the traffic study prepared by Kirnley, Horn & Associates, Inc. dated November 9, 2001. According to the City’s traffic consultant, additional information is required in order to properly evaluate the traffic impact of the proposed development and determine compliance with the Regional Center Development Order. A copy of MTP Group’s comments was transmitted to the applicant on December 12, 2001. 1.Satisfied, The location of the loading space and maneuvering apron shown on the Conceptual Engineering Plan is now consistent with the Site Plan. Satisfied. The applicant has added a median to separate the egress vehicles at the western drop-off area and the ingress vehicles at the eastern drop-off area to eliminate vehicular conflicts. Satisfied. The outdoor seating area has been relocated to the southern property boundary to eliminate conflicts with the top of bank on the western property boundary. Satisfied. The existing flume inlet to be removed and the existing catch basin to be replaced with a manhole cover at the northwest entrance shown on the Site Plan is consistent with the Conceptual Engineering Plan. Please note that the Site Plan shows two additional structures east of the northwest entrance that do not appear on the Conceptual Engineering Plan. 5.Satisfied. The applicant has providexl additional stop signs and stop bars for the center parking lot drive aisle, for both drop-off areas, and for the westbound F~-i~-z~z I’t:35 LBFH PaLM CITY FL 561 28S 3925 P.03/03 Regional Center-Parcel 27.10B, Phase I LBFH File No. 01-4222 Pagc 2 of 2 drive aisle approaching the western Kyoto Gardens Drive entrance. 6.Satisfied. The applicant has relocated the Dumpster, providing adexluate turning area for an SU-30 design vehicle. 7.Satisfied. The applicant has shown the required and provided number of bicycle spaces and bicycle rack location. 8.Satisfied. The applicant has provided 40-foot curb radii at the Kyoto Gardens Drive entrance. 9.The Lighting Plan needs to be revised as follows to meet the minimum requirements of LDR Section 78-182: ¯Satisfied, The applicant has specified a 25-foot lighting fixture height. Satisfied, The required minimum 0.6 foot-candles have been met in the general parking areas, ¯Not Satisfied. The applicant needs to provide a minimum 1.0 foot-candle for both drop-off areas, which are considered vehicles use areas (i.e. drive aisles). ¯Not Satisfied. The Lighting Plan needs to be certified by a registereA engineer licensed in the State of Florida. 10.Satisfied. The applicant states in their narrative response dated January 18, 2002 that wheel stops will be placed in the (center parking aisle) parking spaces upon resubmission for Phase II Site Plan approval request, based on the proposed location of the future sidewalk. 11.Satisfied. The applicant indicates on the Conceptual Engineering Plan that the entire drainage system is to be construeted during Phase I. 12.Satisfied. The applicant has provided a certified drainage statement prepared by a registered engineer licensed in the State of Florida. The applicant is requested to return a copy of our comments along with the applicant’s acknowledgement of each comment and the response. Compliance will expedite the subsequent review. $CD/tj cc:Talal Benothman \Wc~coj~ct sL~BGMEMO~4222~4222d.doc I[, LASER AND SURGERY CENTER OF THE PALM BEACHES PALM BEACH GARDENS. FLORIDA GOULD TURNER GROUP, P.C. ARCHITECTS & PLANNERS 4400 I lARDING ROAD, SUIT[ 1000 NASHVILLE, 1 [NNF_SS[E 3720S REVISIONS: DATE: LASER AND SURGERY CENTER OF THE PALM BEACHES PALM BEACH GARDENS, FLORIDA GTG# 21515.00 ~ P_DnlID ~ GOULD TURNER GROUP, P.C. ARCHIIECTS & PLANNERS 44t’~11 IARDING ROAD, SUITE I000 NASHVILLE, [ENNESSEE 37205 REVISIONS: DATE: FEBRUARY ,4, 21102 ’iI LASER AND SURGERY CENTER OF THE PALM BEACHES PALM BEACI4 GARDENS, FLORIDA G~G# 21515.00 ’" _ GROUP~ GOULD TURNER GROUP, P.C. ARCHITECTS & PLANNERS NASI’IVILLE, ]ENNESSEE 37205 REVISIONS: DATE: FEI~RuAI,tY 4. 2002 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 SUBJECT/AGENDA ITEM SP-01-16 - Lots 4 & 5 NorthCorp Planned Community District Consideration of Approval: Resolution 43, 2002, a request by Henry Skokowski of Urban Design Studio, on behalf of NorthCorp Development Inc., for site plan approval for two identical 45,144 square-foot office buildings within the South Park Center Plat of the NorthCorp Corporate Park. The petitioner is proposing to utilize both lot 4 and lot 5 as sites for the proposed development. The site is an approximately 6-acre tract of land located at the southern end of the NorthCorp Planned Community District, between Riverside Drive and East Park Drive. (07-42S-42E) RECOMMENDATION Staff recommends approval of Resolution 43, 2002. Reviewed by: Prihcipal Planner "~,,,~ Talal Benothman~ City Attorney~ Devel nt Compliance Bal~t~eh Keshavarz Submitte~ ~ by: Growth/~ Directc~~ Charles K. Wu, AtCP Approved City Mana~.~ ~../.~~ Ronald M. Fer.~s/ Originating Dept.: Growth Management: Project ~Manager Kara Irwin Advertised: Date: Paper: Palm Beach Post [X] Not Required ~Affected parties: [ ] Notified [X] Not Required FINANCE: NA Costs: $ Total $ Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ X] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Table 1 , . ¯ Table 2 ¯Resolution 43,.2002 ¯Waiver Justification ¯Renderings (2) ¯Site Plan ¯Landscap,e Plan ¯Revised Elevations City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 SP-01-16 BACKGROUND Lots 4 and 5 are part of the NorthCorp PCD, which was originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990, which united all lands comprising the former RCA Building site into one development order. The ordinance provided for an approval mechanism for future petitions within the PCD, assigned site-specific restrictions to certain lots, established maximum trip generations for the development, and established time-certain conditions of approval for certain road and drainage improvements. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) overlay with a Research and Industrial (M1) underlying zoning district, has a future land-use designation of "1" (Industrial), and is designated as Commerce and Trade (CT) on the Vision Plan. CONCURRENCY The proposed project is not subject to concurrency because it is part of a large, previously approved planned development with a certain amount of capacity reserved. The City’s traffic consultant has reviewed the project to ensure that adequate capacity needed for the proposed expansion exists. A traffic impact statement for lot 4 & lot 5 indicates 882 daily trips generated by this project, which is within the capacity reserved. PROJECT DETAILS Building and Materials The three-story buildings will be situated back to back on the site, and the front of the buildings will be orientated towards Burns Road (south) and the rear of lot 11 and lot 6 (north). access drives are located off of Burns Road and East Park Drive and the sides of the buildings will be visible from the roadways. The buildings are simple in design with minimal architectural treatments. An extended archway covers the front entryway. The fixed glass windows are solar tempered glass in a gray hue with ’Brazil green’ aluminum framing. The buildings will be a sandstone hue in color and will be compatible with the other professional office buildings within the Corporate Park. Access The site will have an ingress/egress access onto East Park Drive and Riverside Drive. The applicant has worked with the City Engineer on the placement of the driveway to avoid conflicts with existing access points. City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 SP-01-16 Parkinq Section 78-345, "Number of Parking Spaces Required," of the City’s Land Development Regulations requires one parking space per 300 square feet for office use. The proposed 90,288 total square footage requires 301 parking spaces. The petitioner has proposed 353 parking spaces, including 8 spaces for the disabled, which meets Florida’s American Disabilities Act (ADA) standards. The petitioner has requested two waivers: To allow for additional parking in excess of the 10% maximum of the required number of parking spaces, and to allow 9’ instead of 10’ wide parking spaces. The petitioner has indicated that there is a high demand for additional parking to meet the needs of a corporate office center. Regarding the width of the parking spaces, City Code allows a reduced size in return for additional landscaped open space. The petitioner provided calculations indicating the increased landscaped open space on site to justify the smaller parking spaces. Landscaping The landscape code requires 28% open space on the site; the applicant has provided 38%. The applicant is required to provide a total of 9,605 points of landscaping for the site; the petitioner has provided 9,629.4 points. Originally the buildings were placed directly opposite each other on the site. The City Forester and the applicant worked together to save as many of the mature oaks on site as possible. By proposing to stagger the buildings on the site, the applicant has taken the initiative to preserve a cluster of mature oak trees on the site. The applicant proposes a 30’ - 42’ landscape buffer along Burns Road, 20’ buffers along East Park Drive and Riverside Drive, and an 8’ buffer along the north property line, which buffers lot 6 and lot 11. Waiver Requests Code Section Required Provided Waiver Staff Section 78-345 (d)(3) -Increase in Parking Spaces Section 78-344 (I) - Parking Stall and Bay Dimensions Maximum 10% of required parking 10’X 18.5’ 17.2% 9’X 18.5’ 7.2% 1 foot in width Recommendation Support Support Staff has analyzed the applicant’s justification and found it sufficient. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 S P -01-16 STAFF ANALYSIS Due to the high volume of traffic within the NorthCorp PCD, staff feels that the aesthetics of the site plan is important in maintaining the high quality of the NorthCorp Business Park development. The lots in question have frontage along three roadways, which creates a highly visible location for the proposed buildings. Staff had concerns with regard to the placement of the buildings on the lots. The applicant proposes orientating the building fronts toward Burns Road and the rears of lot 6 & lot 11, yet proposes accessing the lots from Riverside Drive and East Park Drive. The access drives will face the sides of the buildings and circle to the front of the buildings where the parking areas are located. The drive-by traffic will view the sides of the proposed buildings and the front of the building will be partially buffered from view by the proposed landscaping along Burns Road. The main focal point of the building sides as one enters into the site is the building stairwell, which extends out from the building towards either roadway (Riverside Drive and East Park Drive). The applicant has provided a minor architectural treatment to the stairwells on the east elevation to mimic the front elevations. Although the west elevations also face a roadway (Riverside Drive), the same treatment is not proposed for the stairwells on the west side of the buildings. In staff’s professional opinion, the buildings need architectural treatments and/or details on all four sides because of the high visibility of the site. Staff has added a condition of approval requiring the applicant to provide the same architectural treatments on both the west and east elevations. Per a request of the Planning & Zoning Division, the applicant provided more detailed elevations and color renderings. The elevations provide a clearer image of what the applicant is trying to accomplish on the site. The applicant anticipates a future connection of the buildings via an enclosed catwalk to accommodate future tenants with offices in both buildings; therefore, the placement of the buildings within close proximity is advisible for this purpose. The applicant has also staggered the buildings in order to preserve a mature hammock of oaks on the east side of the building. These trees will be maintained in their natural state and used to create an effect at the main entrance to the site. The building elevations are compatible with the existing buildings in the NorthCorp Planned Community Development in design, materials, and color. PLANNING & ZONING COMISSION RECOMMENDATION A workshop for this application was held on June 26, 2001, at which time staff requested that the Planning & Zoning Commission provide direction for the applicant and staff on the issues of placement and design of the building. The Planning & Zoning Commission was divided on the City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 SP-01-16 issue. Some thought that additional work was needed, while others did not find any problems with the proposed elevations and orientation of the buildings. On September 25, 2001, the Planning & Zoning Commission recommended approval of the application with a 4 to 1 vote. The approval included the condition that the applicant modify an arch on the stairwell and include the same treatment on the opposite side of the building (stairwell). Commissioner Solomon opposed the petition because of the architecture and the site plan. STAFF RECCOMENDATION Staff recommends approval of Resolution 43, 2002. 5 City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 SP-01-16 EXISTING LAND USE ~ Subject Property Exist. OfficeNacant North Vacant Balance of Lot 11 and Lot 6 South Burns Road West Icon & Landis Office Building and Keebler/Decorator’s Unlimited East Vacant Lot 12 ZONING PCD Planned Community District PCD Planned Community District M1-A PCD Planned Community District PCD Planned Community District FUTURE LAND USE I Industrial Industrial Industrial I Industrial I Industrial Code Requirement Proposed Plan ;Consistent? Minimum Building Site Area for M-261,360 square feet Yes 1: 10,000 square feet Minimum Lot Width for M-l: 100 +150 feet Yes feet Maximum Building Lot 12%Yes Coverage for M-1 : 40% Maximum Building Height for M-1 :3 stories Yes, the PCD was approved for six 50 feet to ten stories Front Setback for M-l:120 feet Yes 25 feet Side Setback for M-1 :23 feet Yes 15 feet Rear Setback for M-l:95 feet Yes 20 feet Meeting Date: March 21, 2002 Date Prepared: March 7, 2002 RESOLUTION 43, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF TWO PROFESSIONAL OFFICE BUILDINGS TOTALING 90,288 SQUARE FEET ON LOTS 4 & 5 OF THE NORTHCORP PLANNED COMMUNITY DISTRICT (PCD), LOCATED THE SOUTHERN END OF THE NORTHCORP PLANNED COMMUNITY DISTRICT, BETWEEN RIVERSIDE DRIVE AND EAST PARK DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 1, 1990 approved the NorthCorp PCD; and WHEREAS, Ordinance 1, 1990 provided that subsequent approvals for parcels within the PCD were to be processed as major site plan approvals without public notice and advertising and were to be approved by resolution; and WHEREAS, the City of Palm Beach Gardens received a site plan application from Northcorp Center, Inc. for the construction of two identical 45,144 square-foot Professional Office buildings and related improvements on lots 4 & 5 within the South Park Center Plat of the NorthCorp Planned Community District, 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 that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on September 25, 2001, the Planning and Zoning Commission recommended approval of the site plan application known as "NorthCorp Lots 4 & 5," subject to conditions stated herein. Resolution 43, 2002 Meeting Date: March 21,2002 Date Prepared: March 7, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Section 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the site plan for Lot 4 and Lot 5 within the South Park Center Plat, as more particularly described in Exhibit "A" attached hereto, to provide for the construction of two 45,155 square foot professional office buildings. Section 3. All provisions and conditions of Ordinance 1, 1990 shall remain in full force and effect. Section 4. This approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1.The applicant shall provide the same architectural treatments depicted on the east elevation on the west elevations of the buildings. (Planning Zoning) 2.At the time of construction plan review, the phasing plans must meet with the approval of the City Engineer. If not, all site infrastructures shall be required to be completed prior to the issuance of the first Certificate of Occupancy. (City Engineer) 3.Within six (6) months of this approval, the entire perimeter landscape buffers must be completed or no further permits or inspections will be issued for the project site, until complete. (City Forester) 4.In the event that the applicant requests a Certificate of Occupancy for phase I prior to receiving a building permit for phase II, the building area of phase II shall be irrigated and sodded prior to the issuance of the Certificate of Occupancy, unless otherwise approved by the Growth Management Director. (City Forester) Section 5. The following waivers are hereby granted with this approval: 1.Section 78-345 (d)(3) - Increase in Parking Spaces, to allow an additional 17.2% (47 spaces) over the minimum required parking spaces. The Land Development Regulations allow a maximum 10% over the minimum required parking spaces. 2.Section 78-344 (I) - Parking Stall and Bay Dimensions, to allow 9’ X 18.5’ parking stalls. The Land Development Regulations require a minimum 10’- X 18.5’ parking stall. Section 6. The proposed development shall be in compliance with the following plans on file with the City’s Growth Management Department: 2 Resolution 43, 2002 Meeting Date: March 21,2002 Date Prepared: March 7, 2002 1.January 30, 2002 Site Plan, Urban Design Studio (1 sheet total) 2.January 30, 2002 Landscape Plan, Urban Design Studio, (2 sheets total) 3.November 29, 1999 Site Lighting Plan, Urban Design Studio, (1 sheet total) 4.October 21, 1999 Boundary and Topographic Survey, Keshavarz & Associates, (1 sheet total) 5.Drainage plan 6.November 29, 1999 Front Elevation/Floor Plan, D. William Beebe, (1 sheet total) 7.November 29, 1999 East/North/South Elevations, D. William Beebe, (1 sheet total) 8.November 5, 1999 Roof Plan, D. William Beebe, (1 sheet total) SECTION 7. 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 8. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS OF 2002. MAYOR ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY Resolution 43, 2002 Meeting Date: March 21,2002 Date Prepared: March 7, 2002 VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AYE NAY ABSENT 4 Resolution 43, 2002 Meeting Date: March 21,2002 Date Prepared: March 7, 2002 EXHIBIT "A" Lots 4 and 5, of SOUTH PARK CENTER, according to the Plat thereof, recorded in Plat Book 67, Page 87, of the Public Records of Palm Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. WAIVER REQUEST AND JUSTIFICATION LOTS 4 AND 5 SITE PLAN APPLICATION SOUTH PARK CENTER NORTHCORP PCD April 6, 2001 The following are the requested waivers for the above-referenced site plan. Section 179 of the City Code - Waiver to allow 9-foot wide parking spaces We are requesting a waiver from Section 179 (I) of the City Code to allow for 9-foot wide spaces. The City Code allows for 9-foot wide spaces for low-turnover parking spaces, such as those being used for an office use. The proposed use will be for a regional corporate office. The proposed nine-foot wide spaces are consistent with other office uses within the City and within the NorthCorp PCD. The reduced parking space size has allowed the developer to preserve and relocate several of the oak trees on the site, exceed the minimum 28% open space requirement and still provide the amount of parking demanded by the current office market. For these reasons, we request the waiver to allow the 9-foot spaces. Section 180 of the City Code - Waiver to allow additional parking in excess of 10% of the required Section 180 (d)(3) of the City Code requires a waiver request for additional parking spaces excess of 10% of the required number of parking spaces. For the 90,288 square feet of office space which is being requested with this application, 301 parking spaces are required based on the City’s parking requirement of 1 space per 300 square feet. We are proposing 353 spaces for the site, which is 17.2% more than the required. We are proposing these additional parking spaces to meet the demands of corporate office tenants. The provision of parking to meet the tenants’ demands is one of the best advantages new facilities in the City has over more confined locations in other locales. Although we are providing additional parking spaces, we are still preserving and relocating oaks on the site and providing more open space than the required 28%. For these reasons, we are requesting the waiver to allow for additional parking spaces. G:lCOMMOlvqJobsWorthCorplLot 4,SIDevAppLtr.O32201.wpd LCC35 I I IJ ~:!1~-~1 ! lorthcorp Lots ~ ~Im Beach Gardens, Florida 4&5 ! I : , "iitiI~1 ¯ I.I Northcc)~’p Lots,, Palm BeachGardens,Florida Landscape Details- Sheet 2 I!I I ’~l~I’~ll BRIDGE DESIGN ASSOCIATES, INC. ~PROJECT NO.01/528~ Professional Office Building NORTHCORP - LOTS 4 & 5 D. WILLIAM BEEBEI ARCHITECT .or~ Palm Beach, Florida I ~ I BRIDGE DESIGN ASSOCIATES, INC. ~PROJECT NO.01-G28~ Professional Office Building NORTHCORP - LOTS 4 & 5 D. WILLIAM BEEBE ARCHITECT So~ P-,~ e~ n0~a~ P~SmENTU.L CONSTRUCTION CORP. BRIDGEDESIGN ASSOCIATES, INC. ~PROJECT NO.01-528~ Professional Office Building NORTHCORP - LOTS 4 & 5 D. WILLIAM BEEBE ARCHITECT ~or~ P~t~ B.~ ~ PRZSII)ENTI~ CONSTRUCTION C0~. B~pGE DESIGN ASSOCIATES, INC, PROJECT NO,01-528 _- Professional Office Building NORTHCOI~P - LOTS 4 D.WILLIAM BEEBE ARCHITECT .o~ ~.,~ ~.~, non~ PP~sm~.~L CoNs~ucr~oN CoP, P. N BRIDGE DESIGN ASSOCIATES. I~C~ ~OJECT NO. : , 01:E~ , E I @ @ ®1 -@1 @ D__. WILLIA~M BEEB~E ARCHITECT ~o,-~ P~,- _--- PROJECT NO.01-528_--- Professional Office Building NORTHCORP - LOTS 4 & 5 D. WILLIAM BEEBE ARCHITECT ~o~ e~ ~¢~, nor~d~ P~ZSn)Zm’,AL C0,SVRUCn0, CORP. ERIJGE DESIGN ASSOCIATES I~NC. PROJECT NO.01-528 > :~o~:~o NORTHCORP - LOTS 4 & 5 D.WILLIAM BEEBE ARCHITECT PRZSmEm’~t CONSTRUCTION Co~. PROFILE SECTIONS SCALE I/2":ILO" NORTHCORPLots 4a5 BILLS PRESIDENTIAL CONSTRUCTION CORP.| | CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 21, 2002 Date Prepared: March 6, 2002 SUBJECT/AGENDA ITEM SP-01-35 - SouthTrust Bank at the Regional Center DRI Consideration of approval: Resolution 47, 2002, a request by Donald Hearing of Cotleur Hearing, agent for SouthTrust Bank, for site plan approval of a 14,000 square-foot bank building on Parcel 27.04 within the Regional Center Development of Regional Impact (DRI). The 2-acre site is located at the northeast corner of the intersection of Kew Gardens Drive and PGA Boulevard. (6-42S-43E) RECOMMENDATION Staff recommends approval of Resolution 47, 2002. Reviewed by: Principal Planner Talal Benothm~ City Attorney( Len Rubin Developrn .ez~-~,, om pliance Officer Bah a reh"K"es’h ava rz, AICP Submitted by: Growth M an ag~ial~ ! ~I~IL#~ Directolr~, _ . [l~, ~t~ Charles K. Wu. AICP ~itPyP~°aVnead~ Ron M. Ferri~ Originating Dept.: Growth Management: Project ~j~Manager Kara Irwin Advertised: Date: Paper: [X] Not Required "~ffected parties: [X ] Notified [] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Table 1 ¯ Table 2 ¯ Resolution 47, 2002 ¯ Waiver Justification ¯ Site Plan ¯ Landscape Plans ¯ Elevations w/signage ¯ Regional Center Master Signage Plan City Council Meeting Date: March 21, 2002 Date Prepared: March 6, 2002 SP-01-35 BACKGROUND The proposed development is located within the Regional Center Planned Community District (PCD). On February 16, 1984, the City Council approved the Development Order of the Regional Center DRI by 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 has been amended seven times. It currently permits the development of up to 1,640,000 square feet of retail, 1,210,000 square feet of office (business), 235,200 square feet of office (research), 1,813 dwelling units and 449 hotel rooms. The total acreage the entire DRI is approximately 458.2 acres. The most recent Notice of Proposed Change (NOPC) to the Development Order of the Regional Center DRI (Resolution 81, 2001) was approved by City Council on March 7, 2002, allowed the reconfiguration of the alignment of Victoria Gardens Drive, relocating the neighborhood Commercial Parcel 6, re-designating the use of Parcel 6 as multifamily residential, redistributing the acreage of Parcel 7 between Parcel 2 and the community-serving open space area around Lake Victoria, increasing the square footage of commercial uses by 200,000 square feet, and amending condition #1 to establish and adopt a land-use conversion matrix and general land use and design guidelines for the area west of the water management tract and south of Gardens Boulevard. LAND USE & ZONING The land-use designation of the subject site as reflected on the City’s Future Land Use Map is Professional Office (PO). The site’s land-use designation on the Master Plan (Map H) Development of the DRI is Office/Hotel/Community Use. The zoning classification of the site is Planned Community District (PCD). CONCURRENCY The proposed project is not subject to concurrency because it is part of a large, previously approved planned development with a certain amount of capacity reserved. The City’s traffic consultant has reviewed the project to ensure that adequate capacity needed for the proposed development exists. PROJECT DETAILS Building Site The property is bounded by Minsk Gardens Avenue to the north, a Northern Palm Beach County Improvement District (NPBCID) lake to the east, PGA Boulevard to the south, and Kew Gardens Avenue to the west. The site will be developed with a 14,000 square foot two-story SouthTrust branch bank with four (4) drive-through teller lanes and one (1) ATM lane on the acre site. 2 City Council Meeting Date: March 21, 2002 Date Prepared: March 6, 2002 SP-01-35 The SouthTrust Bank is oriented toward the Kew Gardens Avenue access. Proiect Summary The style of the SouthTrust Bank building would be considered traditional architecture. The building is composed of concrete block construction with stucco finish of varying textures, arched windows, preformed synthetic moldings, including cornice molding and window surrounds with a three color blend cement barrel tile roof. The stucco exterior finish will be Sand Finish HC-80, and the highlights, banding and cornice will be a coarse stucco finish painted White Dove. Site Access and Circulation One primary access point with 105’ of vehicle stacking is provided from Kew Gardens Avenue and a future access point is provided connecting to any future project on the north portion of the parcel. The applicant is providing specialty pavers at the driveway entrances, at the two entries to the building, and at walkways and crosswalks. In order to provide 360-degree circulation for operation of the drive-through tellers, the building is placed in the approximate center of the site. Pedestrian pathways with paver crosswalks and bike racks are provided which connect to the overall and existing PGA Boulevard and Regional Center pedestrian circulation system. Parking The applicant is required to provide fifty-six (56) parking spaces on site to meet the code requirements for professional or business office use (1 space per 250 square feet); the applicant has provided sixty (60) spaces. The applicant has provided one loading space (12’ X 35’) to the rear of the building, with the required maneuvering area in accordance with Section 78-364 of the Land Development Regulations. Sic/nac/e The applicant is requesting one ground sign at the southwest corner of the site. The subject parcel has a ground sign designated to it on the northern vacant portion of the site along Minsk Gardens Avenue under the MacArthur Center Master Signage Program. Therefore, the applicant is requesting, as part of this application, an amendment to Resolution 64, 1998, that adopted the MacArthur Center Signage Program, to allow the relocation of the ground sign for Parcel 27.04 to the corner of PGA Boulevard and Kew Gardens Avenue. In addition to the permitted wall sign on the south elevation, the applicant is also proposing two wall signs on the west and north elevations of the tower feature at the front entrance, which require a waiver. Phasinq The proposed project will be built in one phase. City Council Meeting Date: March 21, 2002 Date Prepared: March 6, 2002 SP-01-35 Landscaping/Buffering The site plan maintains a minimum of an eight (8) foot buffer, as required by Code, along the NPCID Lake, and the east and north property boundaries. The site plan depicts a twenty-two (22) foot buffer along Kew Gardens Avenue, where the code requires a minimum of twenty (20) feet along a public right-of-way greater than 100 feet in width. As required by the PGA Boulevard Corridor Overlay, a 55-foot special buffer has been provided, which includes a meandering pedestrian pathway and landscape features. The applicant allocated 36% of the site to open space, which is in excess of the minimum 15% required for nonresidential development. The applicant has provided 3,789.3 points of landscaping, which is in excess of the required 3,402 points. Building Orientation The applicant proposes the orientation toward Kew Gardens Boulevard in order to maintain easy traffic circulation around the building for the drive-through facility. As a result, the rear of the proposed building is oriented toward PGA Boulevard. Waivers Code Section Required Provided Waiver Recommendation Section 78-285 Permitted Signs- Flat/Wall Sign for Principal 1 3 2 Support Structure The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. The applicant has requested a waiver to the minimum requirement for flat/wall signage for principal structure. Staff supports the request for the following two reasons: a. First, the applicant has provided an additional 755 square feet of landscaping on the site in exchange for consideration of the waiver request. The additional landscaping is in a visible location and provides additional buffering of the drive- through facility from PGA Boulevard. b. The applicant argues that the additional signage would be allowed for ground floor tenants, which the building will have, but they will be other SouthTrust divisions. All three wall signs will display the same message. The Planning & Zoning Commission recommended that keeping the uniform text on the signs provided for better symmetry on the tower feature. 4 PLANNING & ZONING COMMISSION RECOMMENDATION City Council Meeting Date: March 21, 2002 Date Prepared: March 6, 2002 SP-01-35 On February 26, 2002, the Planning & Zoning Commission recommended approval of Petition SP-01-35 with conditions. STAFF RECOMMENDATION Staff recommends approval of Resolution 47, 2002. City Council Meeting Date: March 21, 2002 Date Prepared: March 6, 2002 SP-01-35 EXISTING USE ZONING LAND~USE Subject Property Vacant/Undeveloped North Gertz Professional Office Center South Palm Beach Community College North County Courthouse West Vacant (Parcel 27.03)) East NPBCID Lake Parcel 27.05 Planned Community District (PCD) Planned Community District (PCD) Public/Institutional (P/I) Planned Community District (PCD) Planned Community District (PCD) DRI/PCD/PO DRI/PCD/PO Public (P) DRI/PCD/PO DRI/PCD/PO Code. Requirement Site Zoning = PCD Minimum Buildin 9 Site Area Minimum Site Width Proposed Plan Bank/Financial Institution w/Drive Through N/A Consistent? Yes N/A N/A N/A Maximum Building Height: 36 33’ 6" / 2 stories Yes feet/2 stories Minimum Open Space:35.5%Yes 15% Minimum Lot Coverage: 35%16%Yes Front Setback:+100 feet Yes 25 feet Rear Setback:45 feet Yes 15 feet Meeting Date: March 21, 2002 Revised: March 21, 2002 RESOLUTION 47, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR AN APPROXIMATELY 14,000 SQUARE FOOT BRANCH BANK OFFICE WITH FOUR (4) DRIVE-THROUGH LANES AND ONE ATM LANE, LOCATED ON THE CORNER OF PGA BOULEVARD AND KEW GARDENS AVENUE, WHICH IS WITHIN THE REGIONAL CENTER DRI AND PCD ALONG PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AMENDING RESOLUTION 64, t998, TO RELOCATE A GROUND SIGN; PROVIDING FOR AWAIVER TO ALLOW TWO ADDITIONAL BUILDING IDENTIFICATION SIGNS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (Petition SP-01-35) from Cotleur Hearing, agent, for approval of a site plan for a branch bank office with a total square footage of approximately 14,000 and four drive-through lanes and one ATM lane on the subject site, which is located in the Regional Center DRI and PCD along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks one waiver to allow two additional building identification signs on the north and west elevations of the tower feature; and ¯ WHEREAS, theapplicant further requests an amendment to Resolution 64, 1998, to relocate a ground sign to the corner of PGA Boulevard and Kew Gardens Avenue on the subject site as shown in Exhibit "B" attached hereto; and WHEREAS, the 2-acre (Parcel 27.04) site is currently zoned Planned Community District (PCD) with an underlying zoning of Professional Office (PO), and a future land 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 has recommended approval of said application; and Resolution 47, 2002 Meeting Date: March 21, 2002 Date Prepared: March 21,2002 WHEREAS, on February 26, 2002, the Planning & Zoning Commission recommended approval of petition SP-01-35, with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. Section 2. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the subject site plan consisting of approximately 14,000 square feet of professional office use for a bank, located within the Regional Center DRI/PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 3. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to Resolution 64, 1998 to relocate a ground sign to the entrance of the subject site as reflected on Exhibit "B" attached hereto and incorporated. Section 4. 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 construction plan review, the applicant shall submit a revised Photometric Plan to the City Engineer that meets the requirements of LDR Section 78-182. (City Engineer) 2.Site landscaping shall be properly maintained so as not to obstruct the view of windows, building address numbers, and walkways. (Police and Code Enforcement) 3.All perimeter doors shall be equipped with hinges that utilize non-removable hinge pins. (Police) 4.All strike areas of perimeter doors shall be equipped with reinforced, case hardened strike plate. (Police) 5.The rear door shall be equipped with a peephole viewer. (Police) 6.The applicant shall provide numerical addresses with bi-directional visibility from the roadway and illumination for nighttime visibility. (Police) 7.The applicant shall install a high-resolution color digital video camera system with monitoring and photo processing printout capabilities above the exit doors, teller counters, and drive-through lanes for potential criminal activity detection. (Police) 8.The applicant shall install a money lever switch within teller cash drawers that will activate an alarm system in emergency situations. (Police) 9.Prior to issuance of the first Certificate of Occupancy, potable water conservation devices shall be incorporated into project buildings, per Condition 12 of the Regional Center DRI. (Planning & Zoning) Resolution 47, 2002 Meeting Date: March 21,2002 Date Prepared: March 21, 2002 10.Prior to issuance of the first Certificate of Occupancy, energy conservation measures identified in the Application for Development Approval (ADA) shall implemented, per Condition 24 of the Development Order for the Regional Center DRI. (Planning & Zoning) 11.Prior to issuance of the first Certificate of Occupancy, the subject parcel shall comply with the energy plan established by the Property Owners Association Architectural Review Board (Board) for the Regional Center DRI, per Condition of the Development Order of the Regional Center DRI. (Planning & Zoning) 12.Prior to issuance of the first Certificate of Occupancy, the applicant shall demonstrate that a full line of energy-efficient appliances and equipment will be used in all buildings on site, per Condition 27 of the Development Order of the Regional Center DRI. (Planning & Zoning) 13.Prior to the issuance of the first Building Permit, the applicant shall coordinate with the City Engineer to ensure that the transition area at the entrance driveway connection to Kew Gardens Avenue effectively channels the stormwater runoff from Kew Gardens Avenue to existing storm inlets and that no ponding occurs at the entrance driveway connection. (City Engineer) 14.No less than five (5) feet of stucco (vertical) shall be exposed behind the wall on the south elevation of the building. (Planning & Zoning) Section 5. The following waiver is hereby granted with this approval: Section 78-285, Flat/Wall Sign for Principal Structure, to allow for to additional wall signs. The Land Development Regulations allow a maximum of one wall sign for the principal tenant. Section 6. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: 1.Site Plan, Landscape Plan, and details, January 18, 2002, Cotleur Hearing, 4 sheets. 2.Signage Plan and Details, March 1, 2002, Oliver, Glidden, & Partners, SG-1 (1 sheet). 3.Floor Plans, Roof Plans, and Elevations, March 1, 2002, Oliver, Glidden, & Partners, Sheets A-1 through A-5. Section 7. 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 8. 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, Resolution 47, 2002 Meeting Date: March 21, 2002 Date Prepared: March 21, 2002 it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS OF 2002. ATTEST BY: MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AYE CITY ATTORNEY NAY ABSENT 4 Resolution 47, 2002 Meeting Date: March 21,2002 Date Prepared: March 21, 2002 EXHIBIT B A PART OF REGIONAL CENTER PARCEL 27.04, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 90, PAGE 1, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT WESTERLY MOST SOUTHWEST CORNER OF SAID PLAT; THENCE NORTH 01^25’03" EAST ALONG THE WESTERLY BOUNDARY OF SAID PLAT, A DISTANCE OF 13.55 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 455.87 FEET; THENCE CONTINUE ALONG SAID WESTERLY BOUNDARY, NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 37^35’44" A DISTANCE OF 299.13 FEET; THENCE CONTINUE ALONG SAID WESTERLY BOUNDARY, NORTH 39~00’45 ’’ EAST A DISTANCE OF 80.28 FEET; THENCE DEPARTING SAID WESTERLY BOUNDARY, SOUTH 63^28’51 ’’ EAST A DISTANCE OF 212.60 FEET; THENCE SOUTH 26^27’53" WEST A DISTANCE OF 52.51 FEET; THENCE SOUTH 11a16’43 ’’ EAST A DISTANCE OF 118.56 FEET; THE FOLLOWING FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY BOUNDARY OF SAID PLAT; THENCE SOUTH 78^23’01 ,, WEST A DISTANCE OF 156.18 FEET; THENCE SOUTH 01"14’52" WEST A DISTANCE OF 106.21 FEET; THI3NCE NORTH - 88^45’08 ’’ WEST A DISTANCE OF 148.02 FEET; THENCE NORTH 43^40’02" WEST A DISTANCE OF 56.66 FEET TO THE POINT OF BEGINNING. CONTAINING 2.008 ACRES, OR 87,468.93 SQUARE FEET MORE OR LESS. [ "l ®e OI EXHIBIT B Resolution 47, 2002 Meeting Date: March 21, 2002 Date Prepared: March 8, 2002 Friday, March 8, 2002 South Trust Bank Petition SP-O 1-35 Waiver gequest: Cotleur and Hearing, agent for SouthTrust Bank is seeking City Council approval of one (1) waiver as permitted by the City of Palm Beach Gardens Land Development Regulations (LDR), to allow relief from specific site development regulations. 1 )Permitted Signs. LDR 78-285, Permanent signs shall be permitted as provided in Table 24. Waiver Requested The applicant is requesting a waiver from the number of permitted signs as outlined in LDR section 78-285(Table 24: Permanent Signs). The requirement permits a maximum of one flat/wall sign per tenant space or bay. The waiver is to request that tenant signs for each of two proposed tenants be allowed that have similar names to that of the principal tenant. SouthTrust Bank is proposing to place a permitted wall sign for the principal bank use. Two ground floor tenants will each have a wall sign that meets the requirements of LDR Sec. 78-285. Although the tenant signage will have the same wording to that of the principal tenant sign, the tenants are separate entities/tenants within the same building. As indicated at the Planning and Zoning Hearing of 02/26/02 the tenant signage will possess the same wording and logo as the principal use sign. Justification: The Principal building will house three tenants. One principal user and two ground floor tenants will be accommodated by this development. The LDR Sec. 78-285 "Permitted Signs" allows for ground floor tenants to place a wall sign for each. The wording of each tenant sign in this particular instance is not in conflict with this LDR requirement, as the code does not prohibit tenant signage to be different from principal use signage. The Planning and Zoning Board recommended approval of this particular applicant request with the condition that a minimum of six feet of stucco (vertical) is to be exposed behind the principal use wall sign. In the case that the ground floor tenants wish to add specific additional wording such as "finance "or" Mortgage Company to these permitted wall signs, the applicant will seek additional approval from the City. The applicant respectfully requests approval of the above outlined waiver as presented herein. r South Trust Bank Pa/m ~each Gardens. Florida South Trust Bank Palm ~each Gardens. Florida South Trust Bank Palm B~ach Gard~s. Florida I’I|" | South Trust ~ank Palm Beach Gardens. Flor/da P:\Oi\STPGlO36\SUBMITTAL\O3-OI-O2\Stpg-fp.dwg Tue MaP 05 11:55: ~" 2002 0 uv~R" Gl~ml)l~N ~z p~YN~P.S H:\~J\SIPG]O36\SUBMIIIAL\O3-O]-O2\Stpg fp.dwg [ue Map 05 ~:b~:J2. 20b2 ~e~t IJUe: 2ND FLOOR PLAN file name: STPC~FP.DWG BANKING FACILIT’( FOR: SouthTrust Bank PARCEL 27.04pALM BEACH GARUENS, FLORIDA OLIVER" GI~mD~:~ &:: p~ P:\0~\STP~036\SUBNI/[AL\03-0]-02\Stpg-fp.d~g rue NaP 05 H:58:3~ 2002 OLIVER¯ GLml)~ & pA~,~P.S P:\~J\STPGJO36\SUBMITTAL\O3-OJ-O2\Stpg-fp.dwg Tue Mar 05 i~:58:56.2002.0GP BANKING FAClLI~ FOR: rust Bank OLIVER. GLIDDEN i~ P~P~ H: \~u;\5{F’b~;Uab\SUUNLIIAL\U3-iJ~-O2\Stpg-fp.dwg Tue Mar’ 05 1]: 58: 4~, 20q2, OLIVER ¯ GLIDDr~ & p~ P:\Q~\STP&JO36\SUBMIMAL\O3-O~-O2\SIPGSPSCA.dwg Tue 06 1~:59:-~6 ~002OGP Iloro~o= .......I1,,~,~,: II::&’,,ll SouthTrust BankII drawn by:I/ °~/I ~;~ II OLIVER. GLIDDEN & p,~TN~S i / [] [] [] Cust .... ~~SouthTrust Bank ~; ~.,~PGA BLVD AND KEW GARDENS RD PBG, FL 33410 =Customer Signature: 31’.6~ // // Customer uthTrust Bank S PGA BLVD AND KEW GARDENS RD PBG, FL 33410 Customer Signature: / ] SouthTrust Bank Customer Signature: Date: ~°~ SouthTrust Bank S: ~~.g PGA BLVD AND KEW GARDENS RD PBG, FL 33410 ~!~Cust ....Signature: ~Date: // Z rll Customer SouthTrust Bank PGA BLVD AND KEW GARDENS RD PBG. FL 33410 Customer Signature: Date: / / Customer SouthTrust Bank ¯ PGA BLVD AND KEW GARDENS RD PBG, FL 33410 Date: / oz / / / III Iti ~om Z z ~ o m mZ -[_ m CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 8, 2002 Meeting Date: March 21, 2002 Subject/Agenda Item:’ Approval. of Resolution 22, 2002 providing-for the.approval-Qf a contract with Steve Russeltto serve as the GolfProfessional from March 21,2002through September 30, 2002, at a rate of $13,000. Recommendation/Motion: Staff-recommends approval of Resolution .22, 2002 allowing the City to enter into a contract with SteveRussell to serve as the G01f Professional from March 21, 2002 through September 30, 2002. Reviewed .by: City Attorney ~ - Finance ~ Human Res~~. .Other Submitted. b .y.:~Brian McL~ughlin,~ Assistant Departmenf Director Appro~ City M’a’na~er (// Originating Dept.: Parks and Recreation Advertised: Date: Paper: [X ]-Not Required Affected parties- ]Notified ] Not required Costs: $13,000 Total $- 26,000 : Current FY Funding Source: [ ] Operating [ X ] Other. Golf Course Budget AccL#::~ 09:2500-572:31150 Council Action: [ ] Approved [ ] Approved w~ ¯ [ ] Denied [ ] Continued to: Attachments: 1.Memo from Assistant Parks and Recreation Director 2. Copy Of Proposed contract. 3.Copy of Resolution "22,2002 ["] None CITY OF PALM BEACH GARDENS ~M~MORANDUM .... TO:Ron Fen-is, City Manager DATE: March 7, 2002 FROM:Brian McLaughlin, Assistant Director, Parks andRecreatio~fl’~e., THROUGH: .. Jack Doughney, Assistant to the City Manager~~ Hank DuFour, Director.of Human Resource,~~ SUBJECT: Contract for GolfProfessional BACKGROUND: When the City assumed the operation of the golf course on October 1, 2001, it was determined that all staff currently employed at the Course by Meadowbrook Golf, Inc., would be requested to remain on staff. At that time, the Golf Pro, Steve Russell, who had previously been under contract with Meadowbrook Golf, Inc., agreed to work as the City’s Golf Pro/Marketing Director, under the same basic arrangements he had with Meadowbrook. In order to facilitate his starting on November 1, 2001, he agreed to a four month contract, which was approved by City Council on November 1,2001. Due to time constraints, Mr. Russell, was given a letter of. agreement which allowed him to continue to serve in the position through the month of March, 2002. At this time, due to the department’s satisfaction with his performance, staff is requesting that his contract be extended until the end of the fiscal year, September 30, 2002. DISCUSSION: The proposed new contract, for $13,000, is the prorated portion of the $26,000 that has been budgeted for this position in the 2001-2002 fiscal year. Included in this contract, which was also in the original four month contact, is the provision to add the pro to the City’s benefit package for health and dental insurance’s, as has been done with the City’s Tennis Pro. Additionally, the proposed contract calls for the pro to pay the City $100.00 per month for use of the driving range. RECOMMENDATION: Staff recommends approval of the contract with Golf Pro Steve Russell, in the amount of $13,000 to serve as the Golf Pro/Marketing Director for the Palm Beach Gardens Municipal Golf Course from March 22, 2002 through September 30, 2002. RESOLUTION 22, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A GOLF PROFESSIONAL AGREEMENT WITH STEVE RUSSELL AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide quality golf services to the residents of the City of Palm Beach Gardens; and WHEREAS, the City has negotiated an agreement with Steve Russell to serve as the Golf Professional/Marketing Director for the City; and, WHEREAS, the City Council has determined that the execution of the agreement with Steve Russell is in the best interest of the residents and citizens 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 the Resolution. SECTION 2. The City Council hereby approves the Golf Professional/Marketing Director Agreement with Steve Russell and authorizes the Mayor and City Clerk to execute this agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein. SECTION 3. All resolutions or parts of resolutions 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 if the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 21st DAY OF MARCH, 2002. ATTEST: CAROL GOLD, MMC, CITY CLERK MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY. LEONARD RUBIN CITY ATTORNEY VOTE: COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILMAN JABLIN COUNCILMAN SABATELLO COUNCILWOMAN DELGADO AYE NAY ABSENT CITY OF PALM BEACH GARDENS GOLF PROFESSIONAL AGREEMENT This agreement is made and entered into this 2 l~t day of March, 2002, between the City of Palm Beach-Gardens,. Florida, a Florida municipal corporation, hereinafter designated as "City" and Steve Russell, a Class "A" member of the Professional Golfers Association, individually, hereinafter designated as "Professional". In consideration of the mutual promises herein contained, the parties hereby agree as follows: SECTION 1 The City shall employ the Professional as a "Golf Professional" at the Palm Beach Gardens Municipal Golf Course operated by the City Parks and Recreation Department, and the Professional shall accept such engagement and agree to act as an independent contractor upon the terms and at the compensation hereinat~er set forth. The Professional acknowledges that he is not an employee of the City. SECTION 2 THE PROFESSIONAL AGREES: To maintain his certification for the duration of this contract as a Class "A" Pro, as defined by the Professional Golfers Association. Bo To organize and operate golf programs for the City’s golf course; to conduct and direct tournament-s, clinics and lessons; and to promote good public relations with City residents and their guests in a manner satisfactory to the City. C.To develop and implement a program to market the course to the general public. To employ, at his own expense, any and all assistant professionals who may be needed to assist in golf instructions. Any city employee who participates in this instruction, must do so while off duty outside of his or her normal working hours. Eo To abide by and carry out the policies of the City and the Parks and Recreation Department as they apply to the golf course and the Professional. F~To work a full-time weekly schedule under the supervision of the Golf Course Manager with the approval of the Assistant Director of Parks and Recreation. To pay the City a monthly fee of $100.00 for driving range privileges. This fee will be deducted on a bi- weekly basis from the pro’s salary. ..SECTION 3 THE CITY AGREES: To pay the Professional the sum of $13,000 to be paid in equal parts on a bi-weekly basis beginning April 1, 2002, and ending on September 30, 2002. To provide to the Professional a designated portion of the driving range for his exclusive use in teaching lessons, and to grant the Professional the exclusive privilege of giving such instruction. To allow the Professional to retain all fees from private golf instruction and clinics, provided that sugh fees for individual instruction will be mutually agreed upon by the Assistant Director of Parks and Recreation and the Professional. To grant the Professional benefits of medical and dental coverage with option to purchase dependent coverage at the cost charged to the City. All costs associated with dependent coverage shall be the responsibility of the Professional. Eo To grant the Professional up to three weeks personal leave as authorized by the Assistant Director of Parks and Recreation. Administrative Leave may be authorized by the Assistant Director of Parks and Recreation to attend conferences, seminars and workshops at the Professional’s expense. All personal leave and/or administrative leave requests must be submitted by the Professional in writing to the Assistant Director of Parks and Recreation, at least 2 weeks in advance, and approved by the Assistant Director of Parks and Recreation. .SECTION 4 It is further agreed that this contract shall be in full force and effect from the 21st day of March, 2002, until September 30, 2002, but may be terminated by the City upon a thirty (30) day written notice to the Professional that the City intends to withdraw from this contract. The notice must be in a form of a letter directed to thg Professional. The Professional shall give the City a thirty (30) day written notice of any intention to withdraw from this contract. This notice must be in the form of a letter directed to the Assistant Director of Parks and Recreation. .SECTION 5 It is mutually agreed that this contract constitutes the sole and complete agreement between the City andthe Professional; that no verbal or other statements, inducements or representations have been made to or relied upon by the Professional; and that no modification hereof shall be binding upon either party unless in writing and signed by an authorized representative of the City and the Professional. SECTION 6 Indemnification. The Professional agrees to indemnify City and its officials, employees and agents (collectively the "City) against, and to hold City harmless from and against, and to reimburse City on demand by City for any liability, damage, loss, cost or expense (including attorneys’ fees and cost of investigation incurred in defendiiag against and/or settling such liability, damage, loss, cost or expense or claim therefor and any amounts paid in settlement thereof) (collectively, "Losses") imposed on or reasonably incurred by City with respect to this Agreement. Insurance. The Professional agrees to provide documentation of adequate and appropriate insurance and liability coverage which shall be determined to be satisfactory to the City in the City’s reasonable discretion. Governing Law. This Agreement shall be construed and enforced in accordance with, and governed by the laws of the State of Florida, without regard to the conflicts of laws principles thereof. Jurisdiction and Venue. The parties acknowledge that a substantial portion of negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdi-ct[on of Venue of any other federalor state courts, each of-the parties. irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida; (b) consents to the jurisdiction of each such court in any suit, action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts; and (d) agrees that service of any court paper may be effected on such party as may be provided under applicable laws or court rules in said state. Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of ibis Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, including allocated costs of in-house attorneys, court costs, and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action proceeding, in additiisn to any other relief to which such party or parties may be entitled. IN WITNESS HEREOF, the parties have hereunto set their hands and seals on the day and year first above written. CITY OF PALM BEACH GARDENS ,_Mayor GOLF PROFESSIONAL ATTEST: Carol Gold, CMC, City Clerk WITNESS AS TO GOLF.PRQ,FESSIONAL Approved as to Terms and Conditions: .Brian McLaughlin,. Assistant..Director/Parks.&.Recreation APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Leonard G.. Rubin,_ City_ Attorney CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Holocaust ~vas the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and WHEREAS, Jews were the primary victims - six million were murdered; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and WHEREAS, the people of the world should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution and tyranny; and WHEREAS, our community must actively set an example by rededicating ourselves to the principles of individual freedom in a just society and focusing on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress, the United States Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 7 through Sunday, April 14, 2002 including the international Day of Remembrance, April 9th. NOW, THEREFORE, I,, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 7 through 14, 2002, as DAYS OF REMEMBRANCE in memory of the victims of the Holocaust. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 21st Day of March, in the year Two Thousand and two. ATTEST: MAYOR CAROL GOLD, MMC, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL ¯ Agenda Cover Memorandum Date prepared: 3/11/02 Meeting date: 3/21/02 Subject/Agenda Item: Vehicle Towing Services Contract - Additional 60-Day Extension Recommendation/Motion: Recommend additional extension of existing vehicle towing services contract for 60 days. Reviewed by:/~-~ City Attorn ey.~(=~ Finance ACM Human Res. Other Submitted by: Hoyt Owens, Pu~or Rt~-~l~ M.~/&rris, City Man~er Originating Dept.: PUBLIC WORKS Advertised: Date: Paper: [X] Not Required Affected parties [ ] Not required Costs: $ Total Current FY Funding Source: [X] Operating [ ] Other Budget Acct.# 01-1030-521.3150 Council Action: [ ] Approved [ ] Approved w~ conditions [ ] Denied [ ] Continued to:__ Attachments: [ ] None Background: Public Works is seeking alternatives to the Towing Services contract. We are requesting an additional contract extension for sixty (60) days. The existing contract and agreement letter for additional time extension are attached. CITY OF PALM BEACH GARDENS PUBLIC WORKS DEPARTMENT 3704 BURNS ROAD - PALM BEACH GARDENS, FLORDIA 33410-4698 PHONE (561) 775-8274 - FAX (561) 775-8279 March 11, 2002 Attn: Richard Kauff, President A Road One Company 1440 53ra Street Mangonia Park, Florida 33407 Re: Vehicle Towing Services Contract Dear Mr. Kauff: Your current contract for the above referenced services expires on March 30, 2002. The City has decided to seek proposals for these services. The City of Palm Beach Gardens is hereby requesting a sixty (60) day extension of your current contract which is needed for the bidding process, evaluation and award of the new bid to be completed. Your contract would therefore expire on May 29, 2002. Please respond by signing below and returning one original copy to my attention, Hoyt Owens, Public Works Director, City of Palm Beach Gardens, 3704 Burns Road, Palm Beach Gardens, FI., 33410. Sincerely, Hoyt Owens Public Works Director I’~hereby agree to a sixty (60) day extension of the subject Bid. am unable to provide a sixty (60) day extension of the subject Bid. Signature /Date Name (print) HO/ca CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: APPROVED: FROM: SUBJECT: Ronald M. Ferris, City Manager March 11, 2002 ,. ’ Hoyt Owens, Director, Public Works Michael Morrow, Assistant Director, Public Works Vehicle Towing Services Contract - Additional Sixty (60) Day Extension The current extension with our towing services provider, Kauff’s Towing, will expire on March 30, 2002. We recommend an additional time extension of the existing contract for a period of sixty (60) days. The Fleet Committee has received and discussed alternative rotation vehicle towing contracts. The committee has recommended the following: ¯Rotation of Class A and Class B vehicles ¯Rotation of Class C vehicles (>26,001 lbs.) ¯Free towing for City vehicles and equipment ¯Sole source towing for confiscated and impounded vehicles The additional extension will allow for contract modifications and award of a new bid. As you know, if this contract is not extended, the city will be without this essential service until a new contract is posted. Given this, please f’md a copy of the existing contract with a letter signed by the contractor on March 11, 2002, in agreement to this additional extension. Should you have any questions, please feel l~ee to contact me. attachments C:Jack Doughney w/o attachments File w/attachments CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 21, 2002 Date Prepared: February 28, 2002 SUBJECT/AGENDA ITEM Petition LDR-01-11: Art in Public Places Second Reading / Ordinance 11, 2002: A City-initiated request to amend the City’s Land Development Regulations Section 78-261 "Definitions," of Division V "Public Places," of Article V "Supplementary District Regulations," of Chapter 78 "Land Development." The intent is to expand the definition of "Development" to include a total construction cost equal to or exceeding $1,000,000.00, as a minimum construction cost for the provision of Art in Public Places. RECOMMENDATION Staff recommends approval of Ordinance 11, 2002. Reviewed by: Principal Planner ~ Talal Benothman/~P City Attorney Finance NA Human Res. NA Submitted by: Growth ~ ~ Manag~m~q~t~h/~#/ Directcl(~ ~.L&I~I,¢,o Charles K. Wu, AICP Approved by~,~ J.~ City Manager~ Ronald M. Ferfis / Originating Dept.: Growth Management: Project ~ Manager Kara irwin Advertised: Date: 3/7/02 Paper: PB Post Not Required Affected parties: [ ] Notified [ X ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: LDR Commission Action: [ ] Approved [X ] App, w/conditions [] Denied [] Rec. approval [] Rec. app. w/conds. [] Rec. Denial [] Continued to: Attachments: ¯ Ordinance 11,2002 [ ] None Land Development Regulations Committee Meeting date: February 12, 2002 Date prepared: January 31, 2002 Petition TXT-01-11 BACKGROUND On July 20, 2000, the City Code of Ordinances was amended by Ordinance 17, 2000, which updated the City’s Land Development Regulations to reflect the development patterns evolving in the City at that time. The existing Code addressed Art in Public Places under Chapter 106, "Public Places", which was repealed by Ordinance 17, 2000, and replaced with Division 5. "Public Places," Article V. "Supplementary District Regulations." The amendment omitted the $1,000,000.00 minimum construction cost for new construction or renovations, which changed the code to include all construction regardless of the construction costs. The original intent of the code was to require Art in Public Places for large non-residential projects, which would generate substantial budgets for art. The City-initiated amendment corrects the oversight in the original Land Development Regulations amendment, which omitted the $1,000,000.00 minimum for construction costs. LAND DEVELOPMENT REGULATION TEXT AMENDMENT The proposed text amendment to the City’s Land Development Regulations is as follows: Division 5. PUBLIC PLACES Subdivision I. Art in Public Places Sec. 78-261. Definitions. (a)Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. (1)Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildinqs on a project site. All buildings within Planned Unit Developments and Planned Community Districts shall be assessed cumulatively towards the Art in Public Places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall pay the required 1% of Construction cost towards Art in Public Places for the buildinq project. (2)Development means any capital project to construct or remodel any private or public development, except residential, or any portion thereof within the limits of the city. where total construction cost equals or exceeds $1,000,000.00. 2 City Council Meeting Date: March 21,2002 Date Prepared: February 28, 2002 Petition TXT-01-11 (3)Works of art mean all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and/or landscape architects and artists. (b) Violations. Violation of this chapter shall be subject to enforcement as provided in Article VII. LAND DEVELOPMENT REGULATIONS COMMISSION RECOMMENDATION On February 12, 2002, the Land Development Regulations Commission (LDRC) recommended approval with two conditions. The first condition was that the definition of construction cost includes a more detailed description of eligible costs, which count toward the $1,000,000.00 threshold. Secondly, the LDRC requested the addition of language in regards to a cumulative assessment of construction costs for development within Planned Unit Developments (PUD) and Planned Community District (PCD) Developments. Staff revised the definitions in Ordinance 11,2002, in order to accommodate the recommended conditions of approval by the LDRC. CITY COUNCIL On February 21,2002, the City Council approved Ordinance 11,2002, on First Reading. RECOMMENDATION Staff recommends approval and adoption of Ordinance 11,2002. Meeting Date: March 21, 2002 Date Prepared: February 28, 2002 ORDINANCE 11, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF SECTION 78-261,"DEFINITIONS," OF DIVISION 5, "PUBLIC PLACES," OF ARTICLE V, "SUPPLEMENTAL DISTRICT REGULATIONS," OF CHAPTER 78, "LAND DEVELOPMENT," OF THE CITY CODE OF ORDINANCES BY AMENDING THE DEFINITION OF DEVELOPMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently contains provisions for an Art in Public Places fee requirement and the creation of an Art Advisory Committee; and WHEREAS, the Art in Public Places fee requirement was established by Ordinance 46, 1988, which set a $1,000,000.00 minimum construction cost for the Art in Public Places requirement; and WHEREAS, the City updated the Code of Ordinances through the adoption of Ordinance 17, 2000, which inadvertently omitted the $1,000,000.00 minimum construction cost requirement; and WHEREAS, on February 12, 2002, the City’s Land Development Regulations Commission recommended approval of the amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. Section 78-261, "Definitions," of Division 5, "Public Places," Of Article V, "Supplemental District Regulations," of Chapter 78, "Land Development," of the City’s Code of Ordinances is hereby amended to read as follows: Division 5. PUBLIC PLACES Subdivision I. Art in Pubfic Places Sec. 78-261. Definitions. (a)Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. Ordinance 11,2002 Meeting Date: March 21,2002 Date Prepared: February 28, 2002 Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildinqs on a project site. All buildinqs within Planned Unit Developments and Planned Community Districts shall be assessed cumulatively towards the Art in Public Places requirement, even if they are permitted separately. If the a.q.qre,qate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall pay the required 1% of Construction cost towards Art in Public Places for the buildinq project. (2)Development means any capital project to construct or remodel any private or public development, except residential, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. (3)Works of art mean all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and/or landscape architects and artists. (b) Violations. Violation of this chapter shall be subject to enforcement as provided in Article VII. SECTION 2. The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," article" or any other appropriate word. SECTION 3. 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 this ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted that are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This ordinance shall be effective upon the date of adoption. Ordinance 11,2002 Meeting Date: March 21,2002 Date Prepared: February 28, 2002 PLACED ON FIRST READING THIS 21st DAY OF February 2002. PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS DAY OF 2002. 2002. MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER ATTEST: COUNCILMEMBER APPROVED AS TO FORM AND LEGAL SUFFICIENCY CAROL GOLD, CITY CLERK LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYRO VICE MAYRO COUNCILMEMBER COUNCILMEMBER COUNDILMEMBER AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 SUBJECT/AGENDA ITEM ,,~- Public Hearing/Second Reading for Ordinance 5, 2002: Westwood Gardens Planned Unit Development (PUD) Amendment. Julio Dumas of Gulf Coast Real Estate Consultants, LLC, agent for the Westwood Gardens Homeowners Association, Inc., is requesting an amendment to the Westwood Gardens/Westwood Lakes Planned Unit Development to allow for the construction of a 125-foot cellular telecommunication tower on-site. The Westwood Gardens/Westwood Lakes Planned Unit Development is located on the south side of Hood Road, between Interstate 95 and the Ronald Reagan Turnpike (35-41S-42E). RECOMMENDATION Staff recommends denial of Ordinance 5, 2002. Reviewed by: Principal Planner__ Talal Benothm~, ~:P City Attorney ~ Finance NA Human Res. NA Submitted by: Growth....tt Mana.q~rr~ntl _~ ~ Direct~J/~[~ .L~ Charles K. Wu, AICP Originating Dept.: Growth Management: Project ~Manager Ed Tombar~ Advertised: Date: March 11, 2002 Paper: Palm Beach Post =,Affected parties: [X] Notified FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [X] Rec. Denial [ ] Continued to: Attachments: ¯ Ordinance 5, 2002 ¯ Legal Description ¯ Waiver Justification from Applicant ¯ Aerial: Surrounding Land Use ¯Aerial: Tower Site Setbacks ¯Separation from other towers ¯ Photos: Proposed tower location ¯ Applicant response letter dated 1/30/02 City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 Petition PUD-01-10 BACKGROUND The Westwood Gardens/Westwood Lakes Planned Unit Development (PUD) was approved by Palm Beach County in 1983 for 698 multi-family units and was annexed into Palm Beach Gardens by Ordinance 17, 1990. The PUD was re-zoned to a Palm Beach Gardens zoning district by action of the City Council through a City-initiated update of the zoning map in 1994. No further amendments have been made to the Westwood Gardens portion of the PUD. The Westwood Lakes section of the PUD was amended by Resolution 66, 1997 to allow for the construction of additional townhouses. LAND USE & ZONING The subject site is zoned Palm Beach Gardens PUD with an underlying zoning of Residential Low Density RL-3, and has a Palm Beach Gardens future land-use designation of Residential Low (RL). CONCURRENCY The proposed amendment does not generate additional impacts that would require concurrency review. PROJECT DETAILS Zoning Section 78-155 (i), Planned Unit Development (PUD) states that "Any PUD of 50 acres more may allow for a potential communication tower site, to be identified on a master PUD site plan", and that the tower shall be considered "an accessory use in the PUD." Section 78-159 does permit communication towers as accessory uses within residential zoning districts. Site Location and Access The location for the communication tower and related ground equipment is proposed adjacent to the northeast side of the clubhouse building, which is located near the center of the Westwood Gardens development just off of the main access drive, Golden Eagle Circle. Access to the site shall utilize the existing parking lot for the clubhouse building. The applicant shall record an access easement with Palm Beach County to allow for legal access to the site. 2 City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 Petition PUD-01-10 The closest residential structure to the proposed tower location is approximately 210 feet to the east, which is outside of the tower setback requirements. General Requirements of Section 78-159 (64): Wireless Telecommunication Towers The following requirements apply to all proposed telecommunication tower sites within the City: Existing towers. The applicant has indicated in narrative form that the existing towers in the geographic search area do not meet the criteria stated in the Land Development Regulations (LDRs) to allow for: (1) additional capacity; (2) sufficient height; (3) sufficient structural strength; (4) frequency interference; (5) reasonable cost for sharing towers; (6) sufficient technology capacity; and (7) sufficient legal rights to an existing tower. Engineering Report. An engineering report has been included with the application and includes the following, as required by Section 78-159 (64): (1) site development plan; (2) type of tower and design specifics; (3) wind load capacity meeting the specifics of the Southern Building Code; (4) a statement that the tower shall not interfere with customary transmission of radio, television or similar services; (5) a statement that all construction shall comply with all applicable building codes, associated codes, and associated regulations, etc..; (6) a statement confirming that monopole shall accommodate two users; and (7) a written statement addressing the applicant’s ability to share proposed tower. Aesthetics. The following requirements are being met in compliance with the aesthetic regulations of Section 78-159 (64): (1) The tower shall be painted neutral gray to reduce visual obtrusiveness. (2)Cocoplum screening hedge shall be installed to reduce the visibility of the tower site, to help ensure blending into the natural setting and surrounding buildings and to minimize visual impact. (3)Landscaping shall be maintained at the lessee’s expense to ensure good health and visibility. Additional landscaping in excess of code requirement may be required prior to issuance of a letter of completion, by the Growth Management Director, per final field inspection to be conducted by the City Forester. 3 City Council Meeting Date: March 21,2002 Date Prepared: March 1, 2002 Petition PUD-01-10 Lighting. Lighting shall be proposed on top of the tower, as required by FAA/FCC regulations. Additional lighting beyond FAA/FCC regulations is not permitted. Setbacks. The tower must be set back from tower lot lines by a distance of 110 percent of tower height, which equals 137.5 feet. The nearest tower lot line for the leased area is 3 feet, the nearest property line is 210 feet to the east. The tower is located 11 feet from an existing maintenance building, and 50 feet northeast of the clubhouse building. Both structures are located within the 110% tower height setback required by the LDRs from tower lot lines. The applicant has requested a waiver from the setback requirements. Separation. Staff has attached a map to the staff report that indicates the location of all telecommunication towers, as defined by Section 78-159 (64), within and outside the municipal boundaries of the City of Palm Beach Gardens. The proposed location of the subject tower does meet the separation requirements set forth in Section 78-159 (64) (j), which state that proposed telecommunication towers must be at least one mile from existing towers. There is one tower located approximately 1 1/4 mile to the northeast east of the proposed tower site at Dwyer High School (see attached aerial map). Height. The proposed tower shall have a maximum capacity of two users. The maximum height of this form of tower is 125 feet. The applicant has indicated that the tower shall not exceed 125 feet in height. Signs. The applicant is required to post "HIGH VOLTAGE-DANGER" and "NO TRESSPASSING" warning signs, permanently attached to surrounding fence, with letters at a minimum height of 12 inches. Prior to the issuance of the letter of completion, Growth Management staff shall field check the sight to ensure that the signs have been installed in accordance with the code. Security Fencing. Security fencing is being proposed by the applicant in accordance with the code. Tower Type The applicant has proposed a "stealth" telecommunication tower in the form of a flagpole. The LDRs define "stealth tower" as "any telecommunication facility which is designed to blend into the surrounding environment." Section 78-287 of the LDRs restricts the height of flagpoles to 25 feet. The applicant has requested a waiver from this code requirement to allow for the tower to function as a flagpole. 4 City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 Petition PUD-01-10 Tower Height The applicant is proposing a 125-foot high tower on this site. The maximum permitted height within a Residential Low Density (RL-3) zoning district is 36 feet. It is staff’s professional opinion that the height is incompatible with the residential character of the area. Furthermore, no towers of this height presently exist within any residential areas in the City. Approval of this tower may set a precedent for 100 to 150-foot high towers to be located within residential areas. Waivers The following waivers from the code requirement are requested: Code Section Section 287 (d) Flags 78- Section 78- 159 (64)(i) Setbacks Required 25 feet maximum height, 48 square feet maximum area 110 percent (137.5 feet) tower height from tower lot line. Provided Flagpole height at 125 feet, 225 square feet maximum area (approximate) 3 feet from lease site line, 210 feet from nearest property line Waiv Staff er Recommendation Yes Yes Deny (1) Deny (2) P&Z Recommendation December 11, 2001 Deny Deny (1)Staff does not support this waiver due to the excessive nature of the size of both the flagpole and flag. The visibility of the flag from both the surrounding residential areas and the public rights-of-way is a concern of staff. In relation to section 78-158 of the LDRs, staff does not find that the following criteria for a waiver request have been met (see below). (2)Staff does not support this waiver from the setback requirements of Section 78-159 (64) (i) due to the close proximity of the clubhouse and maintenance building, 11 feet and 50 feet, respectively, to the tower. Specifically in relation to the criteria set forth in section 78-158, criteria eleven is of critical concern. Section 78-158, criteria for waiver requests from the LDRs. 1. The request is consistent with the Comprehensive Plan: Due to the excessive height of the tower, it is staff’s professional opinion that a flagpole and flag of this magnitude is not compatible within a community 5 City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 Petition PUD-01-10 with a residential land use designation. 2. The request is consistent with the purpose and intent of this section: It is staff’s professional opinion that the requested waiver too greatly exceeds the code requirements to meet the intent of this section. 3.The request is in support of and furthers the city’s goals, objectives, and policies to establish a development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reduction in vehicle trips, and a sense of place: The restrictions on flagpole height and area were intended to prevent large flag displays commonly found in commercial areas, such as federal and state buildings, and car sales lots. Therefore, granting a waiver from this requirement does not support the City’s goals, objectives and policies of protecting residential uses from non-residential uses. The request demonstrates that granting of the waiver will result in development that exceeds one or more of the minimum requirements for PUDs: The applicant is not providing for additional amendments that exceed minimum requirements for a PUD in exchange for a waiver request. 8.Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver: Due to the size and scale of the proposed flagpole and flag, it will be impossible to screen this use from the surrounding residential and rights-of- way. It is staff’s professional opinion that the installation of an oversized flag will only draw additional attention to the tower. 10. The request will be compatible with existing and potential land-uses adjacent to the development site: It is staff’s professional opinion that a flag and flagpole of this magnfude and scale are not compatible with the surrounding residential land use designations, for the reasons stated above. 11.The request demonstrates that the development will be in harmony with the general purpose and intent of this section, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety and welfare: 6 City Council Meeting Date: March 21,2002 Date Prepared: March 1,2002 Petition PUD-01-10 It is staff’s professional opinion that the code requirement of setback to tower lot lines of 110% of the tower height was intended to prevent a tower from falling on adjacent structures or buildings in a high wind event. The setback would provide sufficient clearance to prevent such an event from occurring. The proximity of the proposed tower from the maintenance and clubhouse buildings, setback 8. 8% and 40% of tower height, respectively, is too close for staff to support. It is also staff’s professional opinion that the oversized flagpole and flag are not compatible with residential areas and would be injurious to the area and otherwise detrimental to the pubfic health safety and welfare of the surrounding community. As an alternative to granting waivers to allow for the proposed tower location, staff is recommending that the applicant seek out another location on-site that may be more compatible with the surrounding uses (such as adjacent to an arterial or limited-access right-of-way) and be setback a distance greater than 110 percent of the tower height from surrounding structures. STAFF RECOMMENDATION staff recommends denial of petition PUD-01-10. Staff also recommends denial of the waivers requested, based on the justifications provided within this report. Should the City Council recommend approval of this application, staff is recommending conditions of approval that are included in Ordinance 5, 2002. PLANNING AND ZONING COMMISSION At its December 11, 2001 meeting, the Planning and Zoning Commission reviewed this application and voted unanimously for a recommendation of denial. The Commission concluded that the proposed use was inappropriate for a residential area and that the applicant did not sufficiently meet the criteria for granting waivers from the LDRs. 7 City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 Petition PUD-01-10 CITY COUNCIL FIRST READING The City Council reviewed this application on January 17, 2002 and had two primary concerns. First, there was a concern that the tower was located too close to the clubhouse and maintenance buildings and should be moved farther away from these structures. Secondly, the Council concurred with staff that the oversized American flag was not appropriate for a residential area. The applicant has responded to City Council’s concerns with a letter dated January 30, 2002 (see attached). The applicant is proposing to leave the tower in the previously proposed location because movement of the tower from the non-residential structures (clubhouse and maintenance building)would place it closer to residential buildings. Also, the applicant is proposing an additional condition of approval that would allow for the flag to fly for one year, at the end of which the applicant shall be required to return to City Council for additional action to determine the permanent status of the flag. Staff has added a condition of approval that shall require the applicant to file an application with the City for City Council’s review within one year of approval of this ordinance. Should the applicant not file an application within this time frame, the flag shall be removed immediately. Gled/2OO21pud 0110cc2 8 Last Revised: January 4, 2002 January 7, 2002 March 1, 2002 March 7, 2002 ORDINANCE 5, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM SPRINT TELECOMMUNICATION FOR AN AMENDMENT TO THE WESTWOOD GARDENS/LAKES PLANNED UNIT DEVELOPMENT (PUD) TO ALLOW FOR CONSTRUCTION OF 125-FOOT HIGH WIRELESS TELECOMMUNICATION TOWER, TO BE LOCATED WITHIN THE WESTWOOD GARDENS SECTION OF THE PUD LOCATED SOUTH OF HOOD ROAD, BETWEEN INTERSTATE 95 AND THE RONALD REAGAN TURNPIKE, AS MORE PARTICULARLY DESCRIBED HEREIN;PROVIDING FOR CONDITIONS OF APPROVAL;PROVIDING FOR WAIVERS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a Planned Unit Development (PUD) application (PUD-01-10) from Sprint Telecommunications and Westwood Gardens/Lakes Homeowners Association, to allow for the construction of a 125-foot high wireless telecommunication tower, to be located within the Westwood Gardens section of the Westwood Gardens/Westwood Lakes PUD, located south of Hood Road, between Interstate 95 and the Ronald Reagan Turnpike, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Westwood Gardens/Westwood Lakes PUD is currently zoned Planned Unit Development (PUD) with an underlying zoning of Low Residential (RL-3), and has a future land use of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department and Planning and Zoning Commission on December 11,2001 have recommended denial of an amendment to the Planned Unit Development to allow for construction of a 125-foot wireless telecommunication tower with waivers from the Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. The City Council hereby approves the application for a PUD amendment subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1)Prior to issuance of a letter of completion, additional landscaping in excess of code requirements may be required by the Growth Management Director per final field inspection to be conducted by the City Forester. Landscaping shall be maintained at the lessee’s expense in perpetuity in order to maintain good health and visibility. (Planning and Zoning) (2)Prior to the issuance of the letter of completion, Growth Management staff shall field check the site to ensure that warning signs have been installed in accordance with code requirements. (Planning and Zoning) (3)The tower shall have a maximum of two users. (Building and Planning and Zoning) (4)The applicant shall secure signage stating "HIGH VOLTAGE - DANGER", and "NO TRESPASSING" on the fence surrounding the facility, spaced not more than 40 feet apart. (Development Compliance) (5)At no time shall the wireless telecommunication tower exceed 125 feet in height. (Development Compliance) (6)Within one (1) year of the approval date of this development order, the applicant shall file an application for City Council review to determine the permanent status of the American flag or said flag shall be removed from the flagpole one year from the effective date of the development order. (Development Compliance) SECTION 3. The following waivers are hereby granted with this approval: (1)A waiver from LDR Section 78-151, to allow for a setback of .025% of tower height from the tower lot line. The code requires a minimum setback of 110% of tower height from tower lot lines. (2)A waiver from LDR Section 78-287, to allow for a 125-foot high flagpole with a 225 square-foot flag. The LDRs allow for a maximum flagpole height of 25 feet and a maximum flag area of 48 feet. 2 SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)August 1,2001 Sprint Zoning Drawings, Arcadis, Geraughty and Miller, Cover Sheet, Sheets Z1- Z2. (2)August 1, 2001 Boundary Survey and Legal Description, Arcadis, Geraughty and Miller, Sheet 1of 1 SECTION 5. 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 6. 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 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR VICE MAYOR COUNCILMAN COUNCILWOMAN COUNCILMAN ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, CMC CITY CLERK LEN RUBIN, CITY ATTORNEY VOTE: MAYOR VICE MAYOR COUNCILWOMAN COUNCILMAN COUNCILMAN AYE NAY ABSENT 4 Revised Condition 3 The tower shall have a maximum of P:;c, three users. Delete Old Condition 6 New Condition 6 Within sixty (60) days of the eff-evt-i-ve date of this ordinance, the applicant shall request review by the City Council regarding the continuation of displaying the American flag on this structure. The City Council may, at its sole discretion, limit or prohibit the display of such flag on this structure. At any time from the effective date of this ordinance should the said flag not be properly displayed or a complaint regarding the display of said flag has been filed with the City, the City Council may require the applicant, successors or assigns to remove said flag. A waiver from LDR Section 78-159 (64) (1) (2), to allow for three users on a 125- tower. The code requires a maximum height of 125 feet for a two-user tower. EXHIBIT "A" Gled/2OO2/pudO 110ord 5 I pARENT TRACT DESCRIPTION: A PORTION OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA MORE FULLY DESCRIBED AS FOLLOWS: PLAT NO. 1 WESTWOOD GARDENS (A P.U.D.) PLAT BOOK 46, PAGES 156-161 AS RECORDED IN PALM BEACH COUNTY RECORDS. IDESCRIPTION OF .SPRINT LEASE PARCEL: A PORTION OF TRACT "A" (COMMON AREA) OF SAID WES]~/OOD GARDENS PLAT,. MORE FULLY DESCRIBED AS FOLLOWS: COMMENCE AT PRM NO. 7 OF SAID WESTWOOD GARDENS PLAT, THENCE, BEARING SOUTH 63"09’21" WEST, A DISTANCE OF 215.76 FEET TO A POINT; THE POINT OF BEGINNING. THENCE,BEARINGSOUTH 27"20’52"EAST,A DISTANCEOF 40.00 FEET TO A POINT; THENCE,BEARINGSOUTH 62"59’08"WEST,A DISTANCEOF 5.00 FEET TO A POINT; THENCE,BEARING SOUTH 27"20’52"EAST,A DISTANCEOF 19.00 FEET TO A POINT; THENCE,BEARING SOUTH 62",:39’08"WEST,A DISTANCEOF 15.00 FEET TO A POINT; THENCE,BEARINGNORTH 27°20’52"WEST,A DISTANCEOF 59.00 FEET TO A POINT; THENCE,BEARING NORTH62°39’08’’EAST,A DISTANCEOF 20.00 FEET TO A POINT; THE POINT OF BEGINNING THIS PARCEL CONTAINS 1,085 sq. ft. 0.02 acres, MORE OR LESS. DESCRIPTION OF SPRINT ACCESS EASEMENT: A PORTION OF TRACT "A" (COMMON AREA) OF SAID WES’I3NOOD GARDENS PLAT, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCE AT PRM NO. 7 OF SAID WESTWOOD GARDENSPLAT, THENCE, BEARING SOUTH 27°40’20" WEST, A DISTANCE OF 240.41 FEET TO A POINT; THE POINT OF BEGINNING. SAID POINT BEING THE BEGINNING OF A CURVE CONCAVENORTHERLY, AND HAVING A RADIUS OF 520 FEET, RADIUS BEARS AT SAID POINT NORTH 56" 26’06" WEST, THENCE A DISTANCE OF 20 FEET ALONGTHE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF ,3"34’54"TO A POINT,RADIUS BEARS AT SAID POINT SOUTH 52°51’12" EAST; THENCE,BEARINGNORTH 55.12’54"WEST,A DISTANCEOF 65.79 FEET TO A POINT; THENCE BEARING SOUTH 85"55’49"WEST,A DISTANCEOF 32.43 FEET TO A POINT; THENCE BEARINGNORTH 27"10’25"WEST,A DISTANCEOF 75.24 FEET TO A POINT; THENCE BEARINGNORTH 61"26’2,3"EAST,A DISTANCEOF 41..33 FEET TO A POINT; THENCE BEARING-SOUTH27"20’52"EAST,A DISTANCEOF 13.52 FEETTO A POINT; THENCE BEARINGSOUTH 62"59’08"WEST,A DISTANCEOF 21.71 FEET TO A POINT; THENCE BEARINGSOUTH 27.10’25"EAST,A DISTANCEOF 49..30 FEET TO A POINT; THENCE BEARINGNORTH 85"55’49"EAST,A DISTANCEOF 26.65 FEET TO A POINT; THENCE BEARINGSOUTH 55"12’54"EAST,A DISTANCEOF 73.04 FEETTO A POINT; THE POINT OF BEGINNING THIS PARCEL CONTAINS 3,621 sq. ft. 0.08 acres, MORE OR LESS. LEGEND P.O.C.POINT OF COMMENCEMENT ~" P.O.B.POINT OF BEGINNING IX] P.O.T.POINT OF TERMINATION SER P.B.PLAT BOOK [] PC.PAGE IRR ~_CENTERLINE . ~) R/W RIGHT-OF-WAY [] ELEV.ELEVATION --W-- I~RE HYDRANT WATER VALVE WATER SERYqCE WATER METER IRRIGATION VALVE CONCRETE POLE ELECTRIC METER UNDERGROUND WATER LINE CERTIFICATE I, DAVID P GRAVES, THIS MAP OF SPECIA DONE UNDER MY DIRI THE ABOVE GROUND AND CORRECT TO TH KNOWLEDGE AND BEL THAT THIS MAP OF IN ACCORDANCE WI~ TECHNICAL STANDARI MAPPING UNDER RUL (’REVISED 6/99). DAVID P GRAVES PROFESSIONAL SUR~ NUMBER #5392, STA] ARCADIS GERAGHTY ~ NOT VALID WITHOUT 1 ORIGINAL RAISED SEAl UCENSED SURVEYOR i GRAVES PSM #5392 AEN)I! GERAGI .3903 Northdale Boule\ Tampa, FL 53624 TeL 813/961-1921 l Application To The City Council of the City of Palm Beach Gardens For Approval of Master PUD Site Plan Amendment and For a Waiver of Flagpole Height and Flag Area and Dimension Requirements, Pursuant to Municipal Code, Article IV, Section 92 Within the Westwood Gardens P.U.D. The Westwood Gardens Homeowners’ Association Inc., ("Association"), is the owner of the subject property and the entity charged with the operation and maintenance of the Westwood Gardens Community, which is a residential PUD, comprised of more than fifty (50) acres and located within the City of Palm Beach Gardens. The Association requests approval of an Amendment to the approved Master PUD Site Plan pursuant to Zoninq Code Sections 26 and Secfion 89(i), to allow for communication tower s/te as an accessory use within the PUD. In addition, the Association also requests a Waiver of the he~qht., restriction pertaining to fla.clP.oles and the related provisions for permissible flag .area and dimensions, as set forth in Zoning Code Section 138(d). Article IV, Section 92(f) of the Zoning Code ("Code") establishes waivers within Planned Districts, and City Council has been specifically granted the power to issue waivers of development standards or architectural and design requirements for Planned Districts pursuant to Section 92(e), (f) and Table We propose to replace the existing flagpole currently located at the entrance to the Clubhouse of the Association at 5601 Golden Eagle Circle (on the parent tract, of the recreational parcel), with another flagpole of greater height at 125’, in the same general location. This replacement flagpole, which primarily serves as an architectural/design feature for the recreational parcel, will also be used by the Association as a public safety warning/notification system to alert the residents of imminent inclement weather, related concerns such as flooding, and other dangers, which may affect the community. The Association has a real need for such an alert system as the community has experienced several occurrences of extreme flooding without sufficient advance warning to its residents. The Association contemplates using different colored warning flags coded to indicate the presence or threat of potentially hazardous conditions in the area (i.e.- hurricanes, tornadoes, flooding, other forms of severe weather, safety and security issues, etc.) which the residents should be aware of in order to take the appropriate precautionary measures. As an additional consideration, consistent with the growing patriotism and pride in our Country, particularly since the terrorist attacks of September 11, 2001, and the freedoms established by the First Amendment to the United States and Florida Constitutions, we would like the opportunity to demonstrate our communal pride and support of this Country through the more substantial display of our Nation’s flag- America’s most important symbol of freedom and democracy. The flagpole is also intended and designed to house internal, telecommunications/personal wireless service antennas of Sprint Spectrum L.P. ("Sprint") and up to two (2) other carriers’ antennas within interior portion of the pole structure. This ancillary use of the flagpole as an antenna support structure is also a permitted accessory use. In order to obtain approval of the amendment to the approved PUD Master Plan, it is not necessary for the Association to demonstrate that the proposed use is an accessory use. (See Code Section 26) However, the Code does permit both the flagpole and the communications facility as accessory uses in this PUD. (See Code Sections 93, 94, 138, 284, 322, and 89(i))~ The Zoning Code in Section 89(i) provides that in the event a communications facility is located within "a PUD, the 816 Brockenbraugh Court ¯ Metairie, LA 70005 Telephone (504) 828-9666 ¯ Telefax (504) 828-9086 7302 Donaldson Drive ¯ Gonzales, LA 70737 Telephone (504) 647-8713 ¯ Telefax (225) 644-3716 Justification Stateme~,t October17, 2001 Pa~e 2 communication~ use shall be considered an accessory use within the PUD. " Furthermore, it is significant to note that the proposed flagpole used as an antenna support structure, meets or exceeds all of the requirements of the Code as set forth in Section 93(64) pertaining to telecommunications uses and that waiver or conditional use approval under Section 93(64) is not required for this particular use. Moreover, the Amendment to the approved Master Plan for the PUD to allow for the proposed flagpole, as an alternative tower structure, will further many of the established goals of this City as they relate to wireless communications facilities. Without the height Waiver and the corresponding Amendment to the PUD Master Plan, many of these laudable objectives of the City cannot be fulfilled. The spirit, purpose and expressed intent of Section 93(64)pertaining to communications facilities is clear: to protect and promote the public health, safety and general welfare of the residents; minimize potential adverse impacts of towers and antennas on residential areas; encourage the location of towers in non-residential areas to the extent possible; minimize the total number of towers in the community by strongly encouraging co- location of antennas; encourage users of towers and antennas to minimize adverse visual impact through careful design, siting, landscaping, and innovative camouflaging techniques; and enhance the provision of telecommunication services to the community through an efficient and timely application process. Because, the telecommunications antenna is a permissible accessory use within this PUD, in the event the requested Waiver is not granted, the illogical result would be that a telecommunications facility strategically designed as a flagpole would be installed but the Association would be prohibited from displaying flags from the pole. Granting the waiver would provide the community with a central focal point with which they may display their patriotism and strengthen their sense of community. SUMMARY OF REQUEST: A Waiver from Code Section 138(d) "Flags", which provides, in pertinent part, that "flagpoles shall not exceed 25 feet in height" and provides maximum flag areas and dimensions based upon height, is hereby requested in order to accomplish the intended goals and objectives of the Association, the PUD and the City. In addition, an Approval of an Amendment to the approved PUD Master Plan to allow for a telecommunications use to be located on the flagpole structure, is requested in accordance with Code Sections 89(i) and 26. The following is our justification of the requested flagpole height, flag size and dimension Waiver, and our demonstration of the satisfaction of the pertinent Waiver criteria established by Section 92(i) of the Code. COMPLIANCE WITH WAWER CRITERIA: Consistency with the Comprehensive Plan: The site is located in an RM-zoning district, with a future comprehensive plan designation of RL and an underlying land use of residential. The proposed flagpole and ancillary telecommunications facility are both permitted accessory uses within a PUD and are consistent with the Comprehensive Plan. (See Zoning Code Table 21; Section 93(68), and Section 89(i).) The flagpole, as proposed will provide the Westwood Gardens Community, as well as the surrounding area with essential services including, but not limited to, enhanced 911 services. The use, as proposed, is consistent with the standards of the City’s Zoning Code and is consistent with the goals, objectives and policies of the City’s Comprehensive Plan. Consistency with the Zoning Code: The site plan amendment to the PUD Master Plan and the requested Waiver are also consistent with the letter as well as the stated purposes and intent of the Code. The proposed structure is consistent with the definition of accessory uses found in Sections 94 and 322 of the Code. In addition, pursuant to the Code, recreational uses and recreational related structures are permitted accessory uses within a PUD (Table 21). (Section 93(68)--"Recreation Uses, Accessory: Any parks, playgrounds, or recreational or community structures maintained by any property owners’ association are permissible conditional uses in any -zoning district"). Justification Stateme, October 17, 2001 Page 3 Notably., the Code does not require that we demonstrate that our proposed use is an accessory use, nor does the Code provide any measurable standards in this regard. However, it is clear that both the flagpole and the telecommunications facility supported by the flagpole are both permissible accessory uses within this PUD. (Section 93(68), 89(i)). Telecommunications (and an antenna support structure in the form of a flagpole which is proposed in this application), is a permissible accessory use within the Westwood Gardens PUD, pursuant to Section 93 (64) (c), (z), (cc), and (ii), and Section 89(i), which expressly permit telecommunications towers certain PUD’s. Specifically, Section 89(i) provides that PUD’s of 50 acres or more such as the Westwood Gardens PUD, may allow a communication tower site, provided that the site is at least 10,000 square feet with minimum dimensions of 100 feet by 100 feet. This requirement will be met as reflected in the proposed drawings submitted with this application. Section 89((i)(2) of Code states that a "communications tower located within a 50+acre PUD shaft be considered an accessory use in the PUD" (emphasis added). Consistency and Support of City’s Goals and Objectives and Use of Innovative Design Techniques: The proposed flagpole is consistent with the expressed purpose of the City relating to signage as set forth in Code Section 122, which includes, among other things, the objective of facilitating an =easy and pleasant communication between people and their environment, and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance." The Code authorizes the use of signs, which includes flags, provided that they are "compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of the individual activities and the community as a whole, and legil~le in the circumstances in which they are seen." The proposed flagpole is consistent with all of the above-stated goals of the City. There will be no harmful impacts on traffic, property or appearance. In fact, the residents of this PUD have overwhelming approved this design and use through a majority vote amending the Declaration to specifically permit the proposed flagpole installation. In addition, the use of the flagpole, as an alternative tower structure, is expressly encouraged and permitted pursuant to Section 93(64) of the Code. Section 93(64)(a) states that the standards established in this Section are intended, among other things, to encourage users of towers and antennas to locate their facilities so as to minimize any potential adverse visual impact by innovative camouflaging techniques. Section 93(64)(c) defines alternative tower structure structure that camouflages or conceals the presence of a telecommunications tower, such as manmade trees, clock towers, bell towers, steeples, light poles, utility poles, and similar alternative desLqns. We submit that the proposed flagpole is such a similar alternative design as contemplated in the definition of an alternative tower structure, and thus furthers the ~sthetic and design goals and objectives of the City. Furthermore, this alternative tower structure will support up to two (2) additional carders, which likewise effectuates yet another expressed objective of the City, which is to minimize the total number of towers throughout the community by the co-location of antennas on a single structure. Finally, this proposed structure would enhance the provision of telecommunications services to the community which is also a stated goal of the City. As a result of this carefully planned and selected site, the local consumer of wireless telephone services is provided with an increasingly better quality product which enhances the ability of that consumer and all persons in this area to conduct their business and affairs in the City. No Environmental Impacts: There are no environmental impacts associated with this waiver application. There will be no impacts on water or sewer. The property is not located in a Wellfield Protection Zone. Consistency with the Public Health, Safety and Welfare: The contemplated use of the flagpole as an internal waming and notification system for the PUD residents, together with the.b.enefits of enhanced wireless communications services and capabilities, which will be provided to the Justification Statemen¢ Octoberl 7, 2001 Parle 4 residen.ts and visitors of the City, is entirely consistent with the public health, safety and general welfare. Clearly, the proposed flagpole is not contrary to the public health, safety and welfare and will not have significant impacts upon pedestrian and/or vehicular access, the existing roadway system, onsite traffic circulation, or public safety purposes. There are no educational or concurrency impacts associated with the proposed use. There will be no impacts on utilities. Compliance with Requirements for Aesthetics and Buffering: The proposed flagpole and internal telecommunications antennas will comply with all of the standards of Section 93(64), particular, Section 93(64)(g)(4): "Aesthetics" pertaining to the requirements of antennas located on structures other than a tower. The flagpole and the equipment cabinets will be landscaped and .screened in accordance Section 93(64)(ii) of the Code and with the City’s landscape requirements. Furthermore, the ground equipment is sited and screened in such a way that it is not visible from any residential unit. Compatibility with Land Uses and Development in Harmony with Code: The proposed flagpole and internal telecommunications antenna is compatible with the overall goals, objectives, policies and standards of the neighborhood of the Westwood Gardens PUD. The proposed use has been expressly approved by a vast majority of the membership of the Association, and such consent is reflected in a recent Amendment to the Declaration of Covenants and Restrictions for this Association. The flagpole at the proposed height is also compatible with the area uses and the character of area development. Furthermore, the proposed use is consistent with, and in harmony with, the general purpose and intent of the Zoning Code and the goals, objectives and policies of the City, in particular those objectives relating to the location, placement and construction of telecommunications towers within the City of Palm Beach Gardens. The stealth design of the antenna structure will clearly minimize any adverse impacts on adjacent properties, and the waiver of the height requirements will facilitate the logical, timely and ordedy development pattern. Provision of a Public Benefit: The proposed flagpole and accessory telecommunications facility will result in a public benefit in that the flagpole can be used by the Association as a warning/signal/alert communications system internal to the PUD, and simultaneously provide, the much needed personal wireless service to the residents and businesses of the City in an ordedy fashion. Furthermore, is important to note that the accessory stealth telecommunications facility i~’sited for this PUD due to Sprint’s need for coverage and signal strength in Spdnt’s search ring for this geographic area as determined by Sprint’s radio frequency engineer and because this location would be consistent with the goals, objectives, and requirements of the City’s ordinances pertaining to telecommunications facilities. Sprint has exhausted the possibility for utilizing all other potential locations for its telecommunications facility within the search area. There are no existing towers or usable support structures within Sprint’s search area or the one mile radius required by the Code. Sprint requires this location for the provision of its personal wireless services. Waiver is Based Upon Need and Not Economic Reasons: This waiver request is based entirely upon need and is not requested for, or predicated upon economic or financial reasons. Without a waiver, the Association will not be able to use the pole as a flagpole, but instead will simply have a flagpole without the benefit or use of a flag for display and/or communication. The anomaly of a flagpole without a flag is clearly not the result contemplated by the City when it adopted Code provisions which strongly encourage communications facilities to be camouflaged and crafted with a stealth design. 4 Justification Statement October17, 2001 Page 5 In conclusion, w.e believe that the proposed flagpole, at the requested height of 125’ feet, will provide a direct benefit to the residents of the PUD through the warning and notification capabilities offered by the flagpole, reliable advanced E-911 service and will also serve the needs and interests of the general public by facilitating greater wireless telephone service in a much needed location with extremely minimal visual impact due to the stealth/camouflage design for the antenna support. This accessory use within the PUD meets or exceeds all of the criteria established by the Zoning Code. The requested Waiver for the flagpole height, flag area and dimension requirements also meet the criteria established in the code for granting such Waiver and should therefore be approved. The overwhelming benefits to be derived from the secondary uses of the flagpole by the Association and telecommunications providers locating antennas within the structure inures the City with the opportunity to provide the Westwood Gardens community ~with improved services. Based upon the foregoing, we believe that the granting of the requested Waiver and approval of the proposed Amendment to the.approved PUD Master Plan, are in the best interests of our community, the general public, and the City of Palm Beach Gardens. We therefore, respectfully request that this Honorable City Council grant the Waiver and approve the amendment to the approved PUD Master Plan as requested herein. Gulf Coas’~ ~mas Real Estate Consultants LLC. Agent for Applicant/Owner, Westwood Gardens HOA Inc., and Lessee, Sprint Spectrum L.P. 5 Surrounding Land Uses Proposed Tower Site Separation from Surrounding Towers Real Estate Consultants, LLC 5705 Plauche Court ¯ Suite B ,, New Orleans, LA 70123 ¯ (504) 733.-0899 ¯ FAX (504) 733-.5859 January 30, 2002 VIA HAND DELIVERY- URGENT Honorable David Clark City Council Member City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE:SPRINT PCS - WESTWOOD GARDENS SITE MI45XC010 Dear Mr. Clark: It was certainly was a pleasure meeting with you this past Tuesday to discuss your expressed concern in regards to the proximity to the clubhouse of the proposed stealth telecommunications facility at Westwood Gardens. As we indicated to you, we would have to move the facility to the north and east closer to residential units in an open lawn area where the lone flagpole will most likely not appear properly sited. The current location, next to the maintain building and the unoccupied clubhouse, we agree is the best location. In addition, at the request of the Westwood Community, we also expressed their desire to have the opportunity to fly the flag. We propose an automatic review of the ability to display the flag by the City Council one year after installation. This would afford the Council with the opportunity to determine to what extent the flag draws attention to the facility and reconsider if it is acceptable to display the flag at the proposed height and size. To that end, we offered the following condition of approval for your consideration: No less than one year or no more than eighteen months from the issuance of a Certificate of Completion or Certificate of Occupancy by the City of Palm Beach Gardens for the construction of the stealth telecommunications facility, the City Council may reconsider the display of an American Flag on this facility. The City Council may e~,aluate the size and height of the flag and determine if the flag draws excessive attention to the telecommunications facility. In the event the Council determines that the continued display of the flag is not appropriate, the Owner shall cease to display the American flag on the telecommunications facility. We hope that you find this condition of approval satisfactory and can afford the community the opportunity to display the flag. Please let me know if you would like us to present this proposed condition of approval to Staff. 816 Brockenb~ullh Court ¯ Metairie, LA 70005 7302 Donaklson Drive ¯ Gonzales, LA 70737Tabnhnn~ ¢~i~il fi78-9666. Telefax (50411 828-9086 Teleohone (504) 647-8713 ¯ Telefax (225) 644-3716 Westwood Gardens January 30, 2002 Page 2 Again, thank you for the opportunity to meet. I look forward to working with the Council on any matter you feel I may be of service. Please do not hesitate to call me at (504) 236-3688 or (561) 743-2420 if wish to discuss Application further. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Meeting Date: 01/15/02 03/21/02 Subject/Agenda Item Resolution 6, 2002, Appointin.q Kenneth Steele to the Board of Trustees of the General Emplo~tees’ Pension Plan. Recornmendation/Motion: Consider a motion to approve Resolution 6, 2002 Reviewed by: City Attorney Finance ACM Other Approved by:,, Originating Dept.: General Pension Board of Trustees Advertised: Date: Paper: [ 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 w/ [ ] Continued to: Attachments: Memorandum [ ] None BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: FROM: SUBJECT: Ronald M. Ferris, City Manager /3 DATE: January 15, 2002 Jack Hanson, Building Offi~a~n/tpa~ Resolution 6, 2002, Appointl~ent to the General Pension Board BACKGROUND The City’s defined benefit pension plan for general employees is governed by a Board of Trustees consisting of five members, two of whom shall be legal residents of the City’ appointed by the City Council, two of whom shall be General Employees, and the fifth. Trustee shall be a person selected by the other four Trustees and appointed as a ministerial act by the City Council. Holly Luzader, who held the position as a legal resident of the City, resigned her position when she resigned from the City, thus the Council needs to appoint a replacement. All trustees serve for a three-year term and may succeed himself or herself. DISCUSSION We have only one application from a person who is interested in serving on a pension board (Allan Owens). Mr. Owens currently serves as our Finance Director, but is not a legal resident of the City. Kenneth Steele, who is a resident, served as the fifth Trustee appointed by the Board. Mr. Steele has resigned from this position on the Board, and has been re-appointed as the second legal resident, subject to Council approval. This will allow for Mr. Owens’ appointment as the fifth member appointed by the Board of Trustees. I have spoken to Mr. Owens about the duties of the Trustee and believe he will make an excellent choice to fill this vacancy, should the Council approve Mr. Steele’s re- appointment. Resolution 6, 2002, provides for Kenneth Steele’s appointment to the General Employees’ Pension Board. RECOMMENDATION Staff recommends adoption of Resolution 6, 2002, appointing Kenneth Steele to the Board of Trustees for the General Employees’ Pension Plan. RESOLUTION 6, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) MEMBER TO THE BOARD TRUSTEES OF THE CITY OF PALM BEACH GARDENS GENERAL EMPLOYEES PENSION PLAN; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3-128 of the City of Palm Beach Gardens Code of Ordinances, provides for the appointment of members to the Board of Trustees of the City of Palm Beach Gardens General Employees Pension Plan; and WHEREAS, it is the desire of the City Council to appoint one (1) member to the Board Trustees City of Pahn Beach Gardens General Employees Pension Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 3-128 of the City of Palm Beach Gardens Code of Ordinances, Kenneth Steele is hereby appointed as a member of the Board of Trustees of the City of Pahn Beach Gardens General Employees Pension Plan for a term of three (3) years, which term office shall expire March 21, 2005. SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 21st DAY OF MARCH 2002. MAYOR APPROVED ASTOLEGAL FORM ANDSUFFIC~NCY. ATTEST: CITY ATTORNEY CAROL GOLD, MMC, CITY CLERK VOTE: MAYOR VICE MAYOR COUNCILWOMAN COUNCILMAN COUNCILMAN AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 21, 2002 Date Prepared: March 4, 2002 SUBJECT/AGENDA ITEM PUD-00-04 - Union Square Phase 1 Renova~tions (a.k.a.. Tanglewood Apartments Planned Unit Development) First Reading for Ordinance 10, 2002: A request by AI Malefetto, Esq., on behalf of CSC Tanglewood, Ltd., for a phased PUD Amendment to allow for the renovation of 542 apartment units, additional landscaping, and entry reconfigurationoas part of Phase 1 of the PUD amendment. Phase 2 application shall be submitted to the CitY within sixty (60) days of Phase l’s approval. Tanglewood Apartments are located on the east side of Military Trail, south of the southeast corner of PGA Boulevard and Military Trail (12-42S-42E). RECOMMENDATION Staff recommends DENIAL of Ordinance 10, 2002. Reviewed by: Principal Planner ~ Talal Benothman, AICP. City Attorne~~ Finance Human Res. NA Submitted by: Growth ~1 Managem] ~/~..... ~Directo~.j Charles K. Wu/,~P ~ Approved ~ City Manager~_.~ Originating Dept.: Growth Management: Project /~ Manage| ~ | / Ed Tomb~ Advertised: [ X ] Not Required Affected es: [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w! conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [X] Rec. Denial [ ] Continued to:__ Attachments: ¯Ordinance 10, 2002 ¯Aerial Map: Surrounding Zoning and Land Use ¯Code Comparison Table ¯Applicant Letter dated October 26, 2001 ¯Waiver Justification ¯Resolution 120, 2000 ¯Site/Landscape Plan ¯Building Elevations City Council Meeting Date: March 21, 2002 Date Prepared: March 4, 2002 Petition PUD-00-04 BACKGROUND The Tanglewood Apartments are a part of the first Planned Unit Development, approved by the City in 1969, which included both residential and commercial uses. The Abbey Road Plaza, as the commercial use is now known, is currently under separate ownership. The two uses within the PUD presently share access, parking, and drainage facilities. On December 7, 2000, the City Council directed the applicant to pursue bifurcation of the existing PUD into two PUDs. The proposed amendment would create a new PUD that includes only the residential use of the original PUD; the commercial use would be subject to all the requirements of the approving ordinance for the original PUD. The applicant initially applied for a Planned Unit Development amendment due to code enforcement actions taken against the applicant. The applicant requested the ability to begin fa£ade and roofing renovations in accordance with new building elevations submitted to the City. City staff processed the PUD amendment that allowed only these amendments in an attempt to assist the applicant in addressing code enforcement concerns. However, the applicant then submitted landscape plans and requested waivers from certain code requirements concerning non-conforming landscaping. Upon further review, staff concluded that additional information, including but not limited to a new parking and drainage plan was needed in order to fully review the requested waivers. Staff recommended that the applicant provide all additional information typically required for a PUD amendment application. The applicant has continued requesting a two-phased approach, in which additional information shall be provided after approval of new elevations and landscaping. Staff does not support this approach. However, staff has drafted an ordinance that would approve new building facades and roofing as was originally proposed by the applicant should the City Council decide to approve the application. Staff has recommended conditions of approval to ensure that the applicant submits all the necessary information to the City needed to complete a total renovation of the site to the standards of the current Land Development Regulations, including but not limited to providing the City with a $500,000 surety bond. LAND USE & ZONING The subject site is zoned Planned Unit Development (PUD) with an underlying zoning Residential High (RH), and has a future land-use designation of Residential High (RH). The density of the residential portion of the PUD is approximately 19 dwelling units per acre. The Comprehensive Plan permits a maximum of only 12 dwelling units per acre for the multi-family zoning district (RH); however, Policy 1.1.5.8 of the Comprehensive Plan 2 City Council Meeting Date: March 21, 2002 Date Prepared: March 4, 2002 Petition PUD-00-04 permits the City Council to exempt a non-conforming use, should the applicant demonstrate that the use is compatible with surrounding land uses. The City Council granted such an exemption by passing Resolution 120, 2000, on December 7, 2000. This exemption does not permit the applicant to increase the number of existing units, only maintain the existing number of units as legal non-conformities. CONCURRENCY The applicant is proposing no increase in number of dwelling units; therefore, concurrency is not required as part of this application. PROJECT DETAILS Site Description The 28.45 acre site is bounded on the north by the Admiralty commercial development, and to the south by the Palm Beach Gardens Municipal Complex. The site includes 52 apartment buildings, common space, a playground, and three swimming pools. Phasinq The applicant has proposed to redevelop and process the PUD amendment in two phases. This application is for the first phase of re-development and includes the following: (1)architectural and structural renovations, including: facade replacement, roof replacement, window replacement, and interior rehabilitation; additional landscaping; new deceleration lane on Military Trail; and removal of entry features and guardhouse. (2) (3) (4) Phase 2 shall address the following issues, including but not limited to: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Waivers shared access between subject site and the adjacent commercial properties; shared parking between subject site and adjacent commercial (Abbey Road Plaza); inadequate parking; sidewalks; lighting; drainage; right-of-way abandonments; street resurfacing; platting; and master signage program, including new entry signs and features. 3 City Council Meeting Date: March 21, 2002 Date Prepared: March 4, 2002 Petition PUD-00-04 The petitioner is requesting waivers from the following code requirements: Code Section Required Provided Waiver Staff Recommendation DenialSection 78- 343 (a) Location (of parking spaces) Section 78- 186 (8) Fences and Walls Section 78- 319 Minimum Landscape Buffer and Planting Requirements Section 78- 446 Plat review and approval process Parking Spaces must be located on same site as principal use. Six foot wall required between residential and commercial zoning districts 15 foot landscape buffer adjacent to R-O- W, 8 foot minimum buffers interior. Plat to be recorded prior to the issuance of the first building permit. 105 spaces within the Johnson Dairy Road right-of-way. Proposing no wall for all or portion of area between the Abbey Road Plaza and Residential area. 0 feet Issuance of first building permit for exterior renovations prior to the recordation of plat. 105 spaces located off- site. Six foot wall 15 feet Denial Denial Same Denial The applicant has requested a number of waivers to allow for substantial non-conformities to continue to exist on-site. By current code, the applicant is required to have a 15-foot landscaped buffer and a wall or opaque barrier up to 8 feet in height between residential and adjacent commercial properties. The northern and a portion of the western property lines of the subject site abut commercial, and there is no buffer/wall at this location (the parking is at the property line). Additionally, the applicant is required to provide landscape buffers without walls along a portion of the western property line, as well as the southern and eastern property line. Parking currently exists at the property line in these locations. Staff does not support any waivers from the Land Development Regulations due to the fact that the applicant has submitted insufficient information in order to justify the requested waivers. Furthermore, the granting of any waiver normally is accompanied with a greater benefit for the City such as increased landscaping, public plazas, etc. No such benefit has been provided. 4 City Council Meeting Date: March 21, 2002 Date Prepared: March 4, 2002 Petition PUD-00-04 ISSUES Staff had recommended that the Planning and Zoning Commission focus on the following issues: (1)Phasing. Focus its review on the architectural rehabilitation of the buildings and additional landscaping. Comments pertaining to major site planning issues was to be reserved for the Phase 2 review. (2)Completion of project. Consider conditions of approval that ensure full completion of the project over two phases. (3)Construction schedule and rehabilitation process. Include a schedule of how buildings are to be renovated without displacing existing tenants. (4)Architectural compatibility. Address compatibility of the architecture and quality of proposed renovations and construction methods with surrounding areas. (5)Safety. Adhere to the principals of Crime Prevention Through Environment Design (CPTED) that will enhance security on site. At the workshop, held on September 25, 2001, the Planning and Zoning Commission discussed the following issues and concerns with the applicant: (1) (2) (3) (4) (5) (6) (7) (8) Requirement for surety bond to ensure the completion of the project; Improved roofing material; Consideration of replacement of the existing trash dumpsters with new facilities that meet code requirement; Reconfiguration of the parking areas in some locations to provide for additional landscaping; Provision of additional shade trees along Johnson Dairy Road; Consideration of additional "tower" buildings to provide for greater diversity of architectural style; Consideration of additional buffering needed along Military Trail, possibly a removal of one or more existing building(s) closest to Military Trail; and Consideration of wall and berm along Military Trail. The Commission’s concern of insufficient landscaping along Military Trail was addressed by the applicant’s modifying the site plan to change 90 degree parking with angled parking, to provide for additional landscaping along Military Trail. On November 27, 2001, upon further review, the Planning and Zoning Commission unanimously recommended denial of this application by a vote of 6 to 0. 5 City Council Meeting Date: March 21, 2002 Date Prepared: March 4, 2002 Petition PUD-00-04 STAFF RECOMMENDATION Although the site is due for renovation because of its condition and age, staff would like to prevent a situation where large-scale renovations are initiated and not completed in a timely fashion. Staff is recommending DENIAL of this application in its present form for the following reasons: (1)The current application does not include critical planning documents to allow a comprehensive review. (2)There are no assurances that Phase 1 would be completed since no bond is provided. (3)Without any information on Phase 2, staff could not determine whether a $500,000 bond is sufficient. (4)The lack of safeguards that Phases 1 and 2 would be completed in a timely fashion. (5)The applicant is requesting waivers from code requirements without supplying needed pertinent information. Staff cannot fully review the waiver requests based on insufficient information. The applicant was advised to address these concerns in order to move forward with a recommendation of approval from staff. Staff has not received the additional information requested. The applicant has instead requested to move forward with the Phase 1 application. Staff supports a phased construction plan, not a phased review plan. This requires a comprehensive review and approval of all phases of the project now. The manner of renovation may be phased on the site so that the tenants would be inconvenienced only once. However, should it be the intention of the City Council to allow the applicant to move forward with improvements to the site, staff has drafted an ordinance amending the PUD to allow for fa£ade renovations and roofing replacement. Staff has added conditions of approval that shall ensure that the applicant submit all necessary documentation, as required by the Land Development Regulations, for a complete PUD amendment application, in a specified amount of time. \\FILE_SRWCOMPROG\Ed~00 l\pud0004st3.doc 6 December 14, 2001 January 31, 2002 February 4, 2002 ORDINANCE 10, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM CSC TANGLEWOOD, INC., FOR AN AMENDMENT OF A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT BY APPROVING THE EXTERIOR RENOVATIONS OF A 542-UNIT MULTI-FAMILY APARTMENT COMPLEX FORMERLY KNOWN AS "TANGLEWOOD" AND PROPOSED TO BE KNOWN AS "UNION SQUARE" LOCATED ON THE EAST SIDE OF MILITARY TRAIL, APPROXIMATELY 300 FEET SOUTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR .CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-00-04) from CSC Tanglewood, Inc., for approval of an amendment to a previously-approved Planned Unit Development (PUD) located east of Military Trail, just south of PGA Boulevard, in order to provide for renovations of 542 multi-family dwelling units on 28.45 acres, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 28.45-acre "Union Square" site is currently zoned Planned Unit Development (PUD) with underlying zoning of Residential High (RH); WHEREAS, the Growth Management Department has recommended denial of the amendment of the Planned Unit Development (PUD) known as Union Square; and WHEREAS, on November 27, 2001, the City’s Planning and Zoning Commission has reviewed said application and recommended that it be denied. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: r SECTION 1. The foregoing "whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. 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.Within ten (10) days of Development Order approval, the applicant shall post Ordinance 10,2002 Meeting Date: February 21,2002 Date Prepared: February 4, 2002 Petition PUD-00-04 surety bond with the City of Palm Beach Gardens, Florida, in a form acceptable to the City, in the amount of $500,000, to ensure the submittal of Phase 2 of the application, as required by Section 78-46 of the Land Development Regulations entitled "Application procedures." Phase 2 application shall include, but not be limited to, signage, drainage, utilities, parking, paving, waste retrieval, landscaping, lighting, platting, and dedications. If a complete application for Phase 2 is not submitted to the City within sixty (60) days of this approval, the entire surety amount shall be paid to the City. (Planning and Zoning) Within sixty (60) days of development order approval, the applicant shall re-submit building elevations indicating barrel s-tile roofing or other similar roofing material for review and approval by the Growth Management Department. (Planning and Zoning) Prior to the issuance of the first building permit, the applicant shall submit an on- site tree preservation and maintenance plan to be reviewed and approved by the Growth Management Department. (City Forester) Prior to issuance of the first building permit, the applicant shall submit to staff a "construction phasing plan" for Growth Management Department’s review and approval that shall indicate the location of buildings to be renovated in phases. (Planning and Zoning) SECTION 3. Construction and/or renovations 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. o o August 1,2001, Floor Plans, Oliver, Glidden and Associates, Sheet A-l; August 1, 2001, Cluster Roof Plans, Oliver, Glidden and Associates, Sheet A-2; August 1, 2001, Cluster Roof Plans, Oliver, Glidden and Associates, Sheet A-3; August 1, 2001, Typical Roof Plan, Oliver, Glidden and Associates, Sheet A-4; September 25, 2001, Building Elevations, Oliver, Glidden and Associates, Sheets A-5, A-6, and A-7; September 25, 2001, Typical Building Section, Oliver Glidden and Associates, Sheet A-8; and August 1,2001, Interior Demolition Plan, Oliver, Glidden and Associates, Sheet D- 1. SECTION 4. 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. 2 Ordinance 10,2002 Meeting Date: February 21,2002 Date Prepared: February 4, 2002 Petition PUD-00-04 SECTION 5. 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 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS DAY OF 2002. DAY OF 2002. DAY OF 2002. MAYOR VICE MAYOR COUNCILMAN COUNCILWOMAN COUNCILMAN ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK VOTE: MAYOR VICE MAYOR COUNCILWOMAN COUNCILMAN COUNCILMAN G/Ed/2001/pud0004ord AYE CITY ATTORNEY NAY ABSENT 3 Ordinance 10,2002 Meeting Date: February 21,2002 Date Prepared: February 4, 2002 Petition PUD-00-04 SECTION 5. 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 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS DAY OF 2002. DAY OF 2002. DAY OF 2002. 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 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G/Ed/2001/pud0004ord AYE CITY ATTORN EY NAY ABSENT 3 Ordinance 10,2002 Meeting Date: March 21,2002 Date Prepared: March 11, 2002 Petition PUD-00-04 EXHIBIT "A" 4 OVERA .LL pARCEI~. A CERTAIN PARCEL OF LAND IN THE HORTII ONE-IIALF (N 1/2) OF THE NORTUEAST ONE QUARTER (NE 1/4) OF SECTION 12, TOWNSHIP 42 S~)U.~, R~GE 42 EAST, PALM BEACH COUNTY, ~LORIDA, BEING MORE P~d%TICULARLY DESCRIBED AS ~’O~LL~WS: BEGINNING AT TIIE POINT OF INTERSECTION OF A LINE PARALLEL TO AND 30.00 FEET NORTH OF, AS MEASURED AT RIGHT ANG’LES TO, TIIE SOUTII, LINE OF TIIE NORTII ONE I{ALF (N I/2) OF THE NORTIIEAST/ONE QUARTER (WE 1/4) OF SAID SECTION 12, WITH A LINE PARALLEL ’TO AND 50.00 FEET EAST OF, AS MEASURED AT RIG!IT ANGLES TO, TIlE WEST LINE OF SAID NORTIIEAST ONE QUARTER (WE i/4) OF SECTION 12, TIIENCE FROM SAiD POIHT BEGINNING, SOUTII 89"40’44" EAST (FOR TIIE PURPOSE OF THIS DESCRIPTION, TIIE SOUTH LINE OF THE NORTH ONE NALF (N1/2) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 12 IS ASSUMED TO BEAR NORTII 89"48’,44" WEST AND ALL OT!IER BEARINGS MENTIONED IIEREIN ARE RELATIVE THERETO) ALONG A LINE PARALLEL TO AND 50.00 FEET NORTII OF, AS MEASURED AT RIG!IT ANGLES5 TO THE SOUTH LINE OF Tile NORTII ONE IIALF (N i/2) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 12, A DISTANCE 1320.00 FEET; TIIENCE SOUTH 00"ll’16" WEST, A DISTANCE OF 5.00- FEET; ’rlIENCE SOUTH 09"48’44" EAST ALONG A LINE PARALLEL TO AND 25.00 FEET NORTN OF, AS MEASURED AT RIGIIT ANGLES TO, Tile SOUTH LINE OF THE NORTH ONE HALF (N 1/2) OF THE NORTIIEAST ONE QUARTER (ME I/4) SAID SECTION 12, A DISTANCE OF 645.78 FEET, MORE OR LESS, TO A POINT ON THE NEST RIGI[T-OF-WAY OF STATE ROAD NO. 9 (INTERSTATE 95) AS SAME IS SIIOWN ON A PLAT RECORDED IN ROAD PLAT BOOK 3, PAGES 224 THROUGH 230, INCLUSIVE, PUBLIC RECORDS OF PALM BEACII COUNTY, FLORIDA; TIIENCE NORTH 32"43’50" WEST, ALONG TIIE WEST RIG!IT-OF-WAY OF SAID STATE ROAD NO. 9 (INTERSTATE 95), A DISTANCE OF 824.15 FEET; TIIENcE NORTII 37"05’26" WEST, A DISTANCE OF 136,13 FEET; THENCE NORTII 89"48’44" WEST, ALONG TIIE HORTll LINE OF TIIE SOUTR 825.00 FEET OF TIIE NORTII ONE HALF (N 1/2) OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 12, A DISTANCE OF 113(,.97 FEET: TIIENCE SOUTH 00"17’36" WEST, A DISTANCE OF 375.00 FEET; THENCE NORTH 89"40’44" WEST, A DISTANCE OF 295.00 FEET, MORE OR LEES, TO A POINT ON A LINE 50.00 FEET EAST OF, AS MEASURED AT RIG!IT ANCLgS TO, T’I!E WEST LINE OF SAID NORTHEAST ONE QUARTER (NE 1/4) SECTION 12: THENCE" SOUTII 00"17’36" WEST, ALONG SAID PARALLEl. LINE, A DISTANCE OF 420.00 FEET, MORE ON LESS, TO THE POINT OF BEGINNIIT~, TOG£THER W~TH ALL OF THE RIGHTS OF TANGtEWOOD ASSOCIATES ~IMITED PARTNERSHIP, A’ ~ CONNECTICUT LIMIITED PARTNERSHIP, AS TO THOSE LANDS DESCRIBED IN THE FOLLOWING I~STRU~4ENTS: O.R. BOOK 4B39, PAGE 320; O.R. BOOK 200I, PAGE 725; O.R. BOOK PAGE 1907; O.R. BOOK 1836, PAGE 1179; O.R. "BOOK 1757, PAGE 876; O.R. BOOK 2149, PAGE 813. LESS THE FOLLOWING SEVEN (7) DESCRIBED PARCELS OF LAND: BEGINNING AT TIIE POINT OF INTERSECTION OF A LINE PARALLEL WITII AND ~.70.0 FEET NORTH OF THE SOUTH LINE OF ,THE NORTH ONE IIALF OF TIIE ~ORTIIEAST ONE QUARTER OF SECTION 12, TOWNSHIP 42 BOUT!I, RANGE 42 EAST, WITII A LINE PARALLEL WITII AND 50.0 FEET EAST OF THE WEST LINE OF SAID NORTIIEAST ONE QUARTER OP SECTION 12. TIIENCE NORTH 0"17’36" EAST ALONG LAST SAID PARALLEL LINE A DISTANCE OF 80.0 FEET; (FOR TIIE PURPOSE OF TIIIS DE,gCRIPTION, TIIE .SAID SOUTH LINE OF TIlE NORTH ONE IlALF OF TIIE NORTHEAST ONE QUARTER OF SECTION 12 IS ASSUMED TO BEAR NORTII 89"48’44" WEST AND ALL OTHER BEARINGS MENTIONED IIEREIN ARE RELATIVE TIIERETO); TIIENCI5 SOUTH 89"48’44" EAST A DISTANCE OF 355.0 FEET; TIIENCE SO~JTH 0"17’36" WEST A DISTANCE OF 420.00 FEET TO A LINE PARALLEL WITH ¯ AND 30.0 FEET NORTH OF THE SOUTH LINE OF THE NORTII. ONE HALF OF THE NOIITIIEAST ONE QUARTER OF SAID SECTION 12; TIIENCE NORTII ~9"4~’44" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 60.0 FEET; TIIENCE NORTH 0"17"36" EAST ~& DISTANCE OF 340.0 FEET; THENCE NORTU 09"48’44" WEST DISTANCE OF 295.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Page I of 4 PARCEL NO~ 4 & 4B BEGINNING AT TIIE POINT OF INTERSECTION OF A LINE PARALLEL ~ND 380.00 FEET NORTII OF TIIE SOUTH LINE OF THE NORTH ONE BALF OF THE. NORTHEAST ONE QUARTER OF SECTION 12, TOWNSIIIP 42 SOUTH, RANGE 42EJIST, WITH A LINE PARALLEL WITH AND 405.0 FEET EAST OF THE WEST LINE OF SA~D NORTHEAST ONE QUARTER OF SECTION 12, THENCE (FOR THE PURPOSE OF THIS DESCRIPTION TIIE WEST LINE OF SAID NORTIIWEST ONE QUARTER OF SECTION 12 15 ASSUMED TO BEAR NORTH 0°17’56 " F-~T AND ALL OTIIER B~INGS MENTIONED ~E RELATIVE THERETO) SOUTH 89"4844"EAST A DISTANCE OF 360.11 FEET TO THE BEGINNIHG OF A ~RVE CONCAVE TO TIlE SOUTI~EST, HAVING A RADIUS OF 137.81 AND A CENT~L ANGLE OF 50"58’41"; THEN~ ~OUTIIEASTERLY ALONG THE ARC OF SAID ~RVE A DISTANCE OF 122.61 FE~ TO THE END OF SAID CURVE; THENCE SOOTH 38"50’03" EAST A DIST~CE OF 146.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST, HAVING ~ADIU~ OF IIi.ii FEET AND A CENT~L ANGLE OF 39"0~’.19"; T~NCE SOUTIIERLY ALONG THE ARC OF JUST SAID CURVE A DISTANCE OF 75.67 FEET TO" TIIE END OF SAID CURVE; THENCE SOUTH 0"ii’16" WEST A DIST~CE OF 115.00 FEET, MORE OR LESS, TO A POINT IN A LINE THAT IS 30.00 FEET NORTHERLY FKOH AND PARALLEL WITH THE SOUTH LINE OF THE NOR~ ONE HALF OF NORTI{EA3T ONE QUARTER OF AFORESAID SECTION 12, SAID POINT BEING ALSO 990.00 FEET EAST OF THE WEST LINE OF TIIE NORTH ONE HALF OF THE NOKTIIEA~T ONE QUOTER OF ~AID SECTION 12 AS HEASURED ALONG ~E JUST ~AID PARALLEL LINE; THENCE SOUTH 89*48’44" EAST ALONG SAID" P~LLEL LINE A DISTANCE OF 60.00 FEET; TIIENCE NORTH 0"11’~6" ~ST A DIST~CE OF 115.00 FEET TO TIIE BEGINNING OF A CURVE CONCAVE TO TIIE WEST HAVING A I(ADIU~ OF 171.11 FEET AND A CENTRAL ANGLE OF 59"01"19"; TIIENCE NORTHERLY ALONG THE ARC OF JUST SAID CURVE A DISTANCE OF 116.54 FEET TO TIIE END OF SAIDCURVE; TIIENCE NORTH 38"50’03" WEST A DIST~CE OF IJ6.74 " FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUT~EST,. IIAVING A RADIUS OF 197.~i FEET AND A CENTRAL ANGLE OF 50"58’41"; THENCE NORTHWESTERLY ALONG ARC OF JUST SAID CURVE A DIST~CE OF 176.00 FEET TO THE END OF SAiD CURVE; THENCE NORTH 89"48’44" WEST A DIST~CE OF 360.00 FEET; THEHCE SOUTH 0"17’36" WEST A DISTANCE OF’60.00 FEET TO THE POI~ OF ~EGINNING. PARCEL NO. 8 FROM TIIE SOUTIIWEST CORNER OF THE NORTH HALF OF TIIE NORTIIEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EASy, RUN NORTH 0"17’56" EAST ALONG TIIE WEST LINE OF TIIE SAI~ NORTREAST QUARTER OF SECTION 12, A DISTANCE OF 440.0 FEET; THENCE SOUTH 89"48’44" EAST 764.53 FEET TO THE POINT OF BEGINNING OF TIIE IIEREIN DESCRIBED PARCEL .AND TIIE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST, .IIAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 52"00’00"; THENCE NORTHEASTERLY. ALONG TIIE ARC OF SAID CURVE 122.52 FEET TO THE END OF SAID. CURVE; TIIENCE HORTII 38"ii’16" EAST 226.80 FEET TO TIIE POIHT IN THE ARC OF A 3224.60 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST. A LIME RADIAL TO SAID CURVE PASSING THROUGH SAID POINT BEARS NORTH 32°46’01 " EAST; TIIENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND TIIROUGH AN ANGLE OF 12"22’34", A DISTANCE OF 696.52 FEET TO A .POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO TIIE NOI(TIIEAST, IIAVING A RADIUS OF 120.0 FEET, THROUGH AN ANGLE OF 37"14’01", A DISTANCE OF 77.98 FEET; THENCE SOUTH 29"48’44" EAST 69.43 FEET TO A POINT IN ~IE ARC OF A 180.0 FOOT RADIUS CURVE., CONCENTRIC WIT/!SAID 120.0 FOOT RADIUS’CURVE; TIIENCE WESTERLY ALONG THE ARC OF SAID CURVE 180.0 FOOT RADIUS CURVE AND TIIROUGH AM ANGLE OF 50°53’00" A DISTANCE OF 159.86 FEET TO A POINT "~F REVERSE CURVATURE; THENCE HORTIIWESTERLY ALONG Tile ARC OF A ~164.60 FOOT RADIUS CURVE, WHICH IS CONCENTRIC WITH AFORESAID 3224.60 FOOT RADIUS CURVE; THROUGH AN ANGLE OF 10"58’00", A DISTANCE OF 605.72 FEET TO A POINT OF COMPOUND CURVATURE; THENCE WESTERLY AND SOUTHWESTERLY ALONG-THE ARC OF A 25.0 FOOT RADIUS CURVE CONCAVE TO TIIE SGUTH, HAVING A CENTRAL ANGLE OF ~5"59’19", A DISTANCE OF ~7.52 FEET TO THE END OF SAID CURVE; THENCE SOUTH 38"11’16" WEST 129.54 FEET, TO THE BEGINNING OF A TA~iGENT CURVE CONCAVE TO TIIE EAST, HAVING A RADIUS OF 95.0 FEET AND A CENTRAL ANGLE OF 77"01’19°’; TIIENCE SOUTHERLY ALONG THE ARC OF SAIDCURVE 127.71 FEET TO THE EHD OF SAID CURVE; THENCENORTH ~8"50’05" WEST 19.47 FEET ~0 TIlE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE .SOUTIiWEST, HAVING KADIUS OF 197.81 FEET AND A CENTRAL ANGLE OF 50~58’41"; THENCE WESTERLY ALONG TIIE AHC OF SAID CURVE 176.0 FEET TO TIIE END OF SAID CURVE; THENCE NORTII 89"48’44"WEST 0.47 FEET TO THE POINT OF BEGINNING., Page 2 of 4 FARCEr~ KO~ FROM THE SOUTHWEST CORNER OF TIIE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42\EAST, RUN NORTH 0"17’56" EAST ALONG THE WEST ,LINE OF THE SAID NORTHEAST QUARTER OF SECTION 12, A DIS.TANCE OF 440..0 FEET; THENCE SOUTH 89"48’44" EAST 754~53 FEET TO THE BEGIHNING OF A TANGENT CURI~E CONCAVE TO THE NORTHWEST, HAVING RADI~S" OF 135.0 FEET AND A CENTRAL ANGLE OF 52"00’00": TIIENCE NORTHEASTERLY ALONG TIIE ARC OF SAID CURVE 122.52 FEET TO TIIE END OF SAID CURVE; THENCE NORTH 38"IiV16 ’’ EAST 226.80 FEET TO TIIE POINT IN TIIE ARC OF A 3224.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST AND TIIE POINT OF BEGINNING OF TIIE HEREIN DESCRIBED PARCEL: A LIME RADIAL TO SAID CURVE PASSING TIIROUGH SAID POINT UEARSNORTH 32°46’01" " EAST; THENCE NORTH 38"11’16" EAST. 126.18 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO T~E SOUT:~EAST, HAVING A RADIUS OF 130 FEET AND A CENTRAL ANGLE OF 52"; T||ENCE NORTHEASTERLY’ ALONG THE ARC OF SAID C~RVE I17.98. FEET TO TIIE END OF SAID CURVE; THENCE SOUTH 89"48’44" EAST 244.19 FEET TO THE BEGINNING OF A CURVE , CONCAVE TO THE SOUTHWEST," HAVING RADIUS OF I00 FEET AND A CENTRAL ANGLE OF 55" 08 ’ 05" ; THENCE SOUTIIEASTERLY ALONG THE ARC O’F SAID CURVE 96.23 F~:ET TO THE END OF SAID CURVE ; THENCE SOUTH 3.4 " 40 ’ 39" EAST 77.03 FEET; THENCE SOUTH .32"43’50’~ EAST 552.03 FEET; THENCE SOUTH 57°16’10 ’’ WEST 149.82 FEET TO TIlE BEGINNING OF A CURVE CONCAVE TO TIIE NORTH HAVING A RADIUS OF 180 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, SUUTENDING AN ANGLE OF 26"59’25", A DISTANCE OF 84.79 FEET; THENCE MORT]! 29"48’44:’ WEST 69.43 FEET TO A POINT IN THE ARC OF A 120 FOOT RADIUS CURVE. THAT IS CONCENTRIC WITN THE HEREINBEFORE DESCRIDED 180 FOOT RADIUS CURVE: THENCE EASTERLY AND NORTHEASTERLY ALONG TIIE ARC" OF SI%ID CURVE, SUBTENDING AN ANGLE OF 40"38’24" A DISTANCE OF 85.12 FEET TO TRE END OF SAID CURVE: THENCE NORTH 57°16’10,’’ EAST TANGENT TO SAID CURVE 89.82 FEET: T![ENCE NORTh! 32"43’50" WEST 491.01 FEET: THENCE NORTII 3~°40’39" WEST 76.01 FEET TO THE ~EGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 40 FEET AND A CENTRAL A~GLE OF 55"08"O~5": THENCE NORTI~ESTERLY ALONG THE ARC OF SAID CURVE 38".49 FEET TO THE. END OF SAID CURVE; THENCE NORTU 89’48’44" WEST, 244.19 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTIIEAST HAVING A RADIUS OF ?0 FEET AND CENTRAL ANGLE OF 52°; TIIENCE SOUTHWESTERLY ALONG TIIE ARC OF SA~D CURVE 63.53 FEET TO THE END OF SAID CURVE; THENCE SOUTH. 38°11’16" WEST 1-21.05 FEET TO A POINT IN THE ARC OF THE HEREINBEFORE DESCR~nED. 3224.60 FOOT RADIUS CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, SUBTENDING AN ANGLE OF. 01"04’12", A DISTANCE OF 60.22 FEET" TO THE POINT OF BEGINNING. PARCEL COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF--WAY LINE OF MILITARY TRAIL (S.R. 809) AND TIIE NORTHERLY RIGHT WAY LINE OF JOIINSON DAIRY ROAD; THENCE NORTN 0"17’36" E/%ST,ALONG SAID ~AS’i’~KLY RIGI|T OF WAY LINK A DISTA~{C~ OF 800.00 FEET;TI~ENCE SOUTII 89"48’44"EAST, ALONG THE NORTIIPROPERTY LINE, A DISTANCE OF 143~.97 FEET TO THE WEST RIGHT OF WAY LINE OF STATE ROAD 9 (I-95)A~D THE POINT OF BEGINNING. THENCE SOUTH 37"05’26" EAST ALONG SAID WEST RIGHT OF WAY LINE OF STATE ROAD 9 (I-95) A DISTANCE OF 6.29 FEET~ THENCE NORTII 89"48’~4"--- WEST A DISTANCE OF 295.36 FEET TO TIIE BEGINNING OF CURVE CONCAVE SOUTI[EASTEHLY HAVIBG A RADIUS OF 130.0 FEET; THENCE SOUTI~ESTERL~ ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 52"00’00", A DISTANCE OF 117.98 FEET; THENCE SOUTH 38"11’16" WEST A DISTANCE OF SAID NORTH PROPERTY LINE; THENCE SOUTH .89"48’44" EAST, ALONG SAID NORTll PROPERTY LINE, A DISTANCE OF 440.00 FEET TO THE POINT OF ~EGI~NING. CONTAINING 0.049 ACRES, MORE OR LESS. Page 3 of 4 PARCE~ COMHENCING AT ~IE POINT OF INTERSECTION OF THE EASTERLY RIGHT OF LINE OF MILITARY TRAIL (S.R. 809) AND THE NORTHERLY RIGIIT OF WAY/L~’NE OF 3OIINSON DAIRY ROAD; THENCE NORTH 0".17’36’~ EAST, ALONG THE WESTERLY RIGHT OF WAY OF SAID MILITARY TRAIL, A DISTANCE OF 800.00 FEET; THENC~ SOUTII ~9"48’~4" EAST, ALONG THE NORTH PROPERTY LINE, A DISTANCE OF 295.00 FEET TO THE POINT OFBEGINNING. THENCE SOUTH 89°48’44" EAST CONTINUING ALONG SAID NORTII PROPERTY LINE, A ~ISTANCE OF .476.00 FEET;’ THENCE 3OUTH 0"11°16" WEST A DISTANCE OF 42.59 FEET TO A POINT ON A CURVE CONCAVE S~UTI{WESTERLY, HAVING A RADIUS OF ~224.60 FEET,W~O~E RADIUS BEAK5 SOUTH 28"52’01" WEST; THERCENORTHWESTERLY ALONG SAID CURVE TUROUGI! A CENTRAL ANGLE OF 0"48’01", A DISTANCE OF 45.04 FEET TO THE -BEGINNING OF A COMPOUND CURVE, CONCAVE SODTHERLY HAVING A RADIUS OF -~I~0.00 FEET; T~ENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27"52’44", A DISTANCE OF 68.12 FEET TO THE POINT OF TA~GENCY; ?I~ENCE NORTH 89"48’~4" WEST A DISTANCE OF 370~88 FEET; THENCE NORTH 0"i~’D6" EAST A DISTANCE OF.5.00 FEET TO T~E POINT OF SEG~NNING. COHTAINING 0,087 ACRES, MORE OR LESS. PARCEL ~O. I_~5 ~ FROM ~IE SOUTIIWEST CORNER OF TIlE NORTH UALF OF THE NORT~IEAST QUARTER OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 E~ST, RUN NORTH 0°17’36 EAST ALONG TIIE WEST LINE OFTHE SAID NORTHEAST QUARTER OF SECTION 12 (TIIE WEST LINE OF THE NORTHEAST QUARTER OF SAID. SECTiON 12 IS ASSUMED TO ~EAR NORTII 0"17’36’~ EAST AND ALL OTHER HE~INGS MENTIONED HERE~N ARE RELATIVE THERETO) A DISTANCE OF 450.0 ~EET; THENCE SOUTH 89;48’44" EAST PARALLEL WITH T~IE SOUTII LINE OF sAID. NOR~! RALF OF THE NORTHE/~T QUARTER OF SECTION 12 A DISTANCE OF 345..0 FEET TO THE POINT OF ~EGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE NOR~I 0"1.7’36" EAST 370.0 FEET; THENCE SOUTH 89"48’44" EAST 370.E8 FEET TO T~E HEGINNING OF A CURVE, CONCAVE SOUTIIERLY., HAVING A RADIUS OF 140.0 FEET /~D A CENTRAL, AHGLE OF 27"52’44"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURSE 68.12 FEET TO A POINT oF COMPOUND CURVATURE; ~IENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO’TI|E SOUTHWEST HAVING A RADIUS OF 3224.60 FEET, THROUGH A CENTI~L ANGLE OF 4"42’01" ~ DISTANCE OF 264.53 FEET TO THE END OF SAID CURVE; THENCE SOUTH 18"11’16" WEST 60.27 FEET, MORE OR LESS, TO A POINT IN THE ARC OF A 3164.~0 FOOT ~{ADIUS CURVE ~ONCENTRIC WITII AFORESAID 3224.60 FOOT RADIU.D CURVE. ~ LINE RADIA~ TO ~AID CUR~E PASSING THROUGH SAID POINT BEARS NORTH 32"39’50" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE "AND T~IROUGII A CENTRAL ANGLE OF ~’35’.50"’A D/STAHCE 0~ "253.92 FEET TO A POINT OF COMPOUND.CURVATURE; THENC E WESTERLY’ALONG THE ARC OF AN 80 FOOT RADIUS CURVE TIIAT IS CONCENTRIC. WITH AFORESAID 140 FOOT RADIUS CURVE AND THROUGH A CENTRAL ANGLE OF,27"52’44" A DISTANCE OF 3~.93 FEET TO ~IE END OF SAID CURVE; THENCE N~RTH 89°48’44" WEST 310.99 FEET; TI|ENCE ’SOUTH 0"17’36" WEST 310.0 FEET; THENCE NORTH 89"48’44" WEST 60.0 FEET, HOl~ OR LESS, TO THE POINT OF DEGI~NING. " ALSO LESS AND EXCEPTING: A PARCEL OF LAND~LYING IN SECTION 12, TOWNSHIP’42 SGUTH~ RANGE ~ EAST. CITY OF PALM BEACH GARDENS. PALM BEACH COUNT~. FLORIDA, "A~ID DESIGNATED AS PARCEL 32 IN THAT AMENDED ORDER OF TAKING ENTERED IN PALM BEACH COUNTY .CIRCUIT COURT CASE NO. CL-8?-91~8-AE. RECO~ID~D, IN OFFICIAL RECORDS ~00K 6550. PAGE 1734. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING A~ THE NORTH QUARTER CORNER 0;: SAID ~ECTION 12: THENC~ SOUTH 01°5B’20" WEST (BEARINGS~ARE B~SED ON ~N ASSUMED BEARING OF SOUTH 0}°58"20" WEST ALONG THE NORTH/SOUTH QUARTER SECTION LINE OF SAID SECTION 12) ALONG THE NORTH/SQU~H QUARTER SECTION LINE OF ~AID SECTION 12. SAID NORTH/SOUTH QUARTER SECTION LINE ALSO ~EING THE CENTERLINE OF MILITARY TRAIL (S.R. 807). A DISTANCE B~2.55 FEET: THENCE SOUTH 88°0b’02" EAST. A DISTANCE OY 50~00 FEET TQ A POINT ON THE EASTERLY RIGHI-OF-WAY LINE OF SAID MILITARY. TRAIL AND THE POINT OF BEGINNING~ THENCE CONTINUE SOUTH 88~06"02" EAST.,. A DISTANCE OF 3.00 FEET TO A POINT ON A LINE LYING 5~.00 FEET. EAST. OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH SAID ~ORTH/SOUTH QUARTER ~ECTION LINE OF SAID SECTION 12: THENCE SOUTH 01~58"20" WEST ALONG SAID PARALLEL LINE. A DISTANCE OF 394.G~ FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHEAST. HAVING A RADIUS ~ OF 25,00 FEET: THENCE SOUTHERLY. SOUTHEASTERLY AND EASTERLY ALONG’~HE ARC OF SAID CURVE. THROUGH A CENTRAL ANGLE OF 90°05’00".~ A ¯DISTANCE ~ OF 39.31 FEET TO, THE NOrTHErLY RIGHT-OF-WAY LINE OF OOHNSON ROAD AND THE POINT OF CUSP: THENCE NORTH 88°0~’40" WEST ALONG SAID NORTHERLY RIGHT- OF-~AY LINE, A DISTANCE OF 28.04 FEET TO SAID EASTERLY RIGH~-OF-WAY LINE OF MILITARY ~RAIL: THENCE NORTH 01’58’20" EAST ALgNG SAID EASTERLY RIGHT OF W~Y LINE, A DISTANCE OF ~Ig.Bs FEET TO THE POINT. OF BEGINNING, - EXISTING USE Subiect Property Tanglewood Apartments PUD North Admiralty PUD: Hotel and ZONING Planned Unit Development Residential High Underlying .Zoning Planned Unit Development Office South Palm Beach Gardens Municipal Complex West Trails End Apartment Complex East Interstate 95 Northcorp Office Park CG-1 Commercial Underlying Zoning Public/Institutional Residential. Medium Planned Community Development M-1 Light Industrial LAND USE Residential High Commercial Public Residential Medium Industrial City Council Meeting Date: February 21, 2002 Date Prepared: February 1, 2002 Petition PUD-00-04 Code Requirement Site = Residential High Off-site Parking Section 78-341 All parking located on site Platting Section 78-446 Plat review and approval Proposed Plan Consistent? Platting required prior to issuance of the first building permit. Minimum Site Width 800 feet Yes Section 78-141:100 feet Maximum Building Lot 22.8%Yes Coverage Section 78-141: 35% Maximum Building Height 36 feet Yes Section 78-141:36 feet Front Setback 54 feet Yes Section 78-141 : 30 feet Side Setback 14 feet 7 inches No Section 78-141" 20 feet Waiver Requested Side Setback Facing a Street 24 feet Yes Section 78-141:20 feet Rear Setback 22 feet 6 inches Yes Section 78-141:20 feet Landscape Islands Non-conformities existing No Section 78-344 Waiver Requested Maximum of 9 parking spaces between islands Shade Trees Within Parking Non-conformities existing No Areas Waiver Requested Section 78-344 All spaces within 40 feet of trees Landscape Buffers 0 feet minimum No Section 78-319 Waiver Requested Minimum landscape buffer of 15 feet. 105 spaces located off-site No (Johnson Dairy Road)Waiver Requested No Waiver Requested ALFRED J. MALEFATTO WEST PALM BEACH OFFICE AT’I"O R N E Y S AT TflflUfll6 L A W DIRECT DIAL: (561)650-7908 Email: male fattoa@gllaw.com October 26, 2001 By Hand Delivery Charles Wu, AICP, Growth Management Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Union Square PUD Amendment (f/k/a Tanglewood Apartments) Dear Charles: On October 5, 2001, Barbara Springthorpe and I met with you, Ed Tombari and Len Rubin to review the status of the Tanglewood/Union Square redevelopment application. At that time you stated your position opposing our proposed phasing of the project. We reiterated our position that the proposed phasing of the redevelopment project is critical to the commencement of the renovations as quickly as possible, which we have understood is the primary goal of all concerned. With the delays encountered in processing this fairly simple application, the most recent of which is the scheduling of the. project for public hearing before the Planning and Zoning Board on November 27, 2001 (when we were anticipating October 23, 2001), the basis for our proposed phasing is even stronger. As noted in my letter to you of October 3, 2001, our client remains willing to post a bond in the amount of $500,000.00 upon approval of Phase I, to assure that we will file the Phase II engineering, survey, lighting and other required plans with the City within 120 days of City Council approval of Phase I. Phase I shall consist of interior and exterior renovations to the existing buildings, landscape improvements per the submitted plans, and construction of the deceleration lane on Military Trail. We remain committed to this two-phase approach and are prepared to present our position to the Planning and Zoning Board on November 27, 2001. We -intend to proceed at that time, regardless of staff’s recommendation regarding theproposed The following are our responses to the Engineering Department’s comments dated Octob~.~, 200.1 i~ GREENBERG TRAURIG, P.A. P.O. Box 20629 WEST PALM BEACil, FLORIrOA 33416-0629 561-650-7900 FAX 561-655-6222 www.gtlaw.com 777 SOUTH FLAGLER DRIVE SUITE 300 EAST WEST PALM BEACII, FLORIDA 33401 .MIAMI [N[EW YORK WASHINGTON, D.C. ATLANTA PHILADELPBIA TYSONS CORNER CIIICAGO BOSTON PIIOENIX WILMINGTON LOS ANCELES DEN’VEI SAO PAULO FORT LAUDERDALE BOCA BATON WEST PALM BEACII ORLANDO TAI.LAIIASSEE Charles Wu, Growth Management Director October 26, 2001 Page 2 Comment #1. Boundary_ & Topographic Survey. The survey submitted with the application (amended December 15, 1999) illustrates the entire site, including all improvements and boundaries. While it is not a topographic survey, we believe it meets the intent of the requirement. A topographic survey will be completed as part of Phase II. Lighting Plan. This plan will be developed as part of Phase II. Narrative. We provided a written narrative explanation of the redevelopment plans, as well as numerous verbal discussions. Drainage Statement. A drainage statement, completed by Tom McCarthy, P.E., was submitted as part of the original application. Any further drainage studies will be conducted as part of Phase II. Waiver Request Summary. No response required. Comment #2. Turning Movement Analysis. The analysis by Kimley-Horn is attached. Comment #3. Deceleration Lane Plans. These plans will be provided prior to the issuance of the building permit. Comment #4. Sidewalk/Entry. Satisfied. No response required. Comment #5. Planting & Hardscape Plans. Details of sidewalk modifications will be provided as part of Phase II. Comment #6. Note re: Signage, Pavement Markings/Wheels Stops & Curbing. This issue will be addressed as part of Phase II. GREENBERG TRAURIG, P.A. Charles Wu, Growth Management Director October 26, 2001 Page 3 Comment #7. Note re: Storm Sewer Pipe & Inlet System Cleaning/Repair. This note will be added to the master plan as part of Phase II. Comment #8. Phasing plan/Internal drive aisles/Demolition material stockpiling. The developer has consistently stated that this will be a two-phase development plan, with Phase I consisting of renovations to the buildings as soon as possible. Phase II will address typical PUD items such as lighting, platting, drainage, etc. A plan for the stockpiling of demolition material is being developed at this time and will be submitted prior to the City Council meeting. Comment #9. Connection to Admiralty Project. Done. No response required. We have previously addressed, and provided written details on, items such as roofing materials, landscaping, architectural styles. We will provide samples of the roofing material at the November 27, 2001 public hearing. Please confirm that we will be scheduled for the November 27 Planning and Zoning Board meeting. AJM/dlv Planning and Zoning Board Members Mr. Ron Ferris (via hand delivery) Leonard Rubin, Esq. (via fax) Ed Tombari, AICP (via hand delivery) Sean Donahue, P~E. (via.hand delivery) John Glidden, AIA (via fax) Mr. Richard Schlesinger (via fax) Mr..Adam Schlesinger (via fax) Mark F. Bideau, Esq. Frank Meroney, ASLA (via fax) Barbara Springthorpe, AICP Tom McCarthy, P.E. (via fax) Joseph Pollock, P.E. (via fax) Very truly yours, Alfrea J. 1V~lefatto GREENBERG TRAURIG, P.A. Union Square Waivers The following waivers are requested in order to allow the owner to move ahead with the redevelopment of the property. The significant remodeling proposed in Phase I will result in the resolution of the code enforcement issues as well as a general upgrading of the property. Waiver #I (Site Area) As indicated in the Growth Management Department’s comments, Section 78 of the LDR’s requires that the applicant provide a minimum site area of 41 acres for this number of dwelling units. The City Council addressed the comprehensive plan/density issue in December, 2000. This site area waiver is related to the action already taken by the City Council, but is made necessary because the site area requirement is contained in the LDR’s. The applicant relies on the previous City Council approval of the comprehensive plan/density issue as a basis for this LDR waiver. This is an existing project consisting of 542 dwelling units. No increase of density or intensity is planned for the site. Waiver #2 (Landscape Islands) The LDR’s require a landscape island in between every nine parking spaces. The applicant requests a waiver from this requirement. The parking will be addressed in Phase II. Waiver #3 (Shade Trees) The LDR’s require the providing of shade trees within forty feet of every parking space, and the applicant requests a waiver from this requirement. There are a number of shade trees on the property at this time. The applicant estimates that approximately 90% of the site plan is in conformance with this requirement, as shown on the landscape plan, except in the areas where there exists overhead power lines. Shade trees cannot be added to these areas. Waiver #4 (Parking) Section 178 of the Land Development Regulations does not permit the use of off-site ............. patkini~ for an adjacent devel0pment: A p0rtion 0fthe parking for theresidents-is located on ....... Johnson Dairy Road. This parking has existed since the project was originally constructed. This issue will be addressed in Phase II. The general issue of on-site parking will be addressed in Phase II. Waiver #5 (Wall) A wall is required between residential and commercial uses. As set forth in City Forester Mark Hendrickson’s comments, there are numerous reasons to grant a waiver of this requirement. The wall was once shown on the site plan, but has subsequently been removed. Waiver #6 (Perimeter Landscape Buffer) The applicant has included a plan that calls for additional numerous areas where the perimeter landscape buffer does not standards. Again, this is an issue that will be dealt with in Phase II. Waiver # 7 (Platting) This PUD requirement will be addressed in Phase II. landscaping, but there are comply ~vith the current \\wpb-srv01 ~SPRINGTHORPEBk346724v0 IkS/!/0 Ik20821.014200 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 120, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN EXEMPTION OF A NON- CONFORMING USE FOR THE TANGLEWOOD PUD, LOCATED ON THE EAST SIDE OF MILITARY TRAIL, JUST SOUTH OF PGA BOULEVARD, TO ALLOW THE CONTINUATION OF THE EXISTING RESIDENTIAL DENSITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received a request from Tanglewood CSC, Ltd. for the approval of an exemption of a non-conforming use at the Tanglewood Planned Unit Development (PUD) to allow for the continuation of the existing residential density, which exceeds the density allowed by the City’s Comprehensive Plan; and WHEREAS, Policy 1.1.5.8 of the City’s Comprehensive Plan allows the City Council, after a public hearing, to exempt a non-conforming use once it considers its compatibility with surrounding properties; and WHEREAS, the 28.45 acre "Tanglewood" site is currently zoned Planned Unit Development (PUD), with an underlying zoning of Residential High (RH) and a future use of Residential High (RH); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and has 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 an exemption of a non-conforming use at the Tanglewood Planned unit Development (PUD) to allow for the existing residential density to remain. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY ............ .OF PAL~ BEAC~.~_A~.~NS,. FLO.RIpA THA~; .......................................................................... 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 of the City of Palm Beach Gardens hereby approves the exemption of a non-conforming use at the Tanglewood Planned Unit Development (PUD), located on the east side of Military Trail, just south of PGA Boulevard, as more 5 particularly described in Exhibit "A" attached hereto and incorporated herein, to allow for the continuation of the existing residential density in excess of the maximum density currently permitted under the City’s Comprehensive Plan. SECTION 3: All resolutions or parts of resolutions 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 applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS "/DAY ~ ~,’i~,~-~.,~,.al~l.,2000. CAROL GOLDr,/CITY CLERK I HEREBY CEIS, TIFY.-that I have approved th~s Resolu.{lb~,_n_._a_~s.to form. LEONARD G. RUBIN, CITY ATTOI~NEY VOTE:AYE NAY ABSENT MAYOR RUSSO ,/ VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO ./ ............. COUNCiL~AN CLARK ........ 6 ~0 P: \PROJECT\,CTIVE\OO\TWD-O157\TWD-ELA1.DWG Tue Sep 25 08:09:51 2001 II II ~ RENOVATIONS TO: UNION SQUARE aka. TANGLEWOOD PALM BEACH GARDENS, FLORIDA P:\PROJECT\~:TIVE\OO\TWD-OI57\TWD-ELAI.DWG Tue Sep 25 08: 10:16 2001 I II s~3eet tltJe: BUILDING TYPE "B" ELEVATIONS II~|LW|ll~ll aka. TANGLEWOOD B OLIVER. GLIDDEN & pA~TN~P.S AI~CI~IT~CTURB °INTI~R~Io ~ DBSION P: \PROJECT~ ~CTIVE\00\TWD-0~57\TWD-ELA~.DWG Tue Sep 25 08: 09:35 200~ RENOVATIONSTO: UNmON8QUARE minidram by: ~m/~l ~,=,~¢~aka. TANGLEWOOD ~III~ecked b~ JG ) l’)PALM B~CH GARDENS, FLORIDA ~OLIVERo GLIDI)EN ¯ P: \PROJ~CT\ACTIVE\OO\T~/D-OJ57\TWD-FPB.DWG FrJ Aug 03 14: 5g: OB 200J L checkeddrawn bY:by: jGJS I~’ ~!’PALM BEACH GARDENS, FLORIDA P:\PR[JECT\ACTIVE\OO\TWD-O]57’~WD-FPB. DWG Aug 03 lZl: 59: 2zl 2001 OGP date: Oe~l/OO O~Olml drawn by: checked by: JG RENOVATIONS TO: UNION SQUARE aka, TANGLEWOOD PALM BEACH GARDENS, FLORIDA OLIVER" GLmV~ & p,~E~s ~iI-6~g6841 ¯ ~:AX: ~61-6g~-~90 P: \PR JECT\ACTIVE\OO\TWD-O~57\TWD-FPB.DWG Aug 03 1~:58:5~ 2001 OGP ~b ~L II II II II II II ! II II II II I’1 II IIii II II II II II n i1 n II I~,$~eet ~tlo: BUILDING TYPE FLOOR PLANSI ~lliI ~rll~iiAllil~.lilml 0,o,..o o+,. +v.,o0..+~:o,,,:,,,+ " :+o+b,UNION SQUARE drawn ~,: .~jil~aka. TANGLEWOOO~ JG ~I ¯PALM BEACH GARDENS, FLORIDAchecked by: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Meeting Date: 03/06/02 03/21/02 Subject/Agenda Item Ordinance 15, 2002, Providing for Amendments to the Fiscal Year 2001-2002 Budget. Recommendation/Motion: Consider a motion to approve Ordinance 15, 2002 on first reading. Reviewed by:. City Attomey ~ Finance/~ Other Submitted by: ~ Allan Owens ./ Finance Director Originating Dept.: Finance Advertised: Date: Paper: [ ] Not Required Affected parties [ ] Notified [ X ] Not required Costs: $190,226 (Total) $190,226 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [] Approved conditions [ ] Denied [ ] Continued to: Attach ments: Memorandum [ ] None BACKGROUND: See attached memorandum. ORDINANCE 15, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF THE CITY OF PALM BEACH GARDENS BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, INCLUSIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2001/2002 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2001/2002 Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council hereby amends the revenues and expenditures listed in the Attached Exhibit "1" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2001, through September 30, 2002, inclusive. SECTION 2. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS DAY OF PASSED AND ADOPTED THIS __ DAY OF ,2002. ,2002. ,2002. ORDINANCE 15, 2002 PAGE 2 OF 2 MAYOR COUNCIL MEMBER VICE MAYOR COUNCIL MEMBER COUNCIL MEMBER ATTEST:APPROVED AS TO LEGAL FORM AND SUFFICIENCY: BY: CAROL GOLD, MMC, CITY CLERK LEONARD RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR VICE MAYOR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER EXHIBIT "1" CITY OF PALM BEACH .GARDENS BUDGET AMENDMENT FY 2001-02 Fleet Maintenance Fund Revenues Account #Description Action Amount Revised Budget 031-0000-389.0000 Appropriated Fund Balance Increase $190,226 $438,600 Expenditures Account #Description Action Amount Revised Budget 031-3020-539.6410 Capital Outlay-Vehicles Increase $190,226 $615,226 CITY OF PALM BEACH GARDENS MEMORANDUM TO: APPROVED: FROM: SUBJECT: Ron Ferris, City Manager DATE: March 14, 2002 Allan Owens, Finance Administrator/~~D Jack Doughney, Chairman, Fleet Management Committee~~ Justification for Increase in Budget Request As per Council direction during the Budget Review Process of the 2002 budget, the effectiveness of our fleet management system was discussed. Beginning in the Fall of 2001, the City Manager appointed a Fleet Management Committee to review this subject. The Committee is made up of representatives from each operating department and generally meets for the purpose of : ¯Established to focus on acquisition of appropriate vehicle or equipment for assigned tasks. ¯Committee has one member from each department and meets bi-weekly. ¯Approach fosters self-governance and input from users. ¯Committee tasked with drafting policies for certain areas with City Manager’s approval. ¯Recommended extended vehicle warranty purchases, where appropriate. ¯Analyze the cost effectiveness of supplying this fleet service in-house vs. contractually, which will be completed this budget preparation period.. ¯Fleet budget transfers that include cost allocations of fleet user expenses: rental costs, maintenance costs, fuel, tires. ¯Method of amortization for replacement considering factors: vehicle age, condition, mileage, and life cycle costing. ¯Acquisition reviews for equipment: lease vs. purchase. These deliberations led us to analyze the current inventory of the fleet we had and what items needed to be replaced at this time. The current budget year’s appropriation identified $548,875 worth of known expenditures. During the period of time between September 2001 and February 2002, the Committee, through its analysis the criteria identified, has identified the need for an additional appropriation from the Fleet Reserve Fund of $190,226 to replace the additional inefficient vehicles currently in inventory. The following attachments are in your package: The memo from the Public Works Department outlines the original appropriation and the proposed necessities in the additional appropriation, along with a booklet outlining the existing government contract used in the acquisition process for all vehicles described. The second attachment from the Police Department covers the subject of leased road patrol marked vehicle, which outlines the lease program with attachments and supporting documentation. ¯The third attachment is a copy of the PowerPoint presentation we will be presenting the evening of March 21, which overviews the entire process. Recommendation: Council approve Ordinance #15.2002 for the appropriation of $190,226 from the Fleet Reserve Fund to implement the recommendations of the Fleet Management Committee. Cc~Hoyt Owens, Public Works Director Major Ernie Carr, Support Services Michael Morrow, Public Works Manager Buddy Brown, Chief Building Inspector Scott Fetterman, Deputy Fire Chief Sgt. Paul Leffler, Police Support Services Division Sgt. Glen Brown, Police Traffic Division Art Chesson, Supervisor, Public Works Fleet Maintenance Michael Kelly, Parks Director CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: APPROVED: FROM: SUBJECT: Ronald M. Ferris, City Manager January 28, 2002 Hoyt Owens, Director, Public Works ~ Michael Morrow, Assistant Director, Public Works RECOMMENDATION TO PURCHASE TWENTY (20) VEHICLES, ONE (1) FORKLIFI’, AND ONE (1) BACKHOE FY 2001-2002 The following provides budget information and actual expenses information considering the subject item: Budgeted Purchases 10 Patrol Vehicles for Police 2 Vehicles for Growth Management 2 Vehicles and 1 Backhoe for Parks 1 Forklift for Public Works Budgeted Items $269,000* $ 37,000 $ 91,000 $ 20,000 Actual Expenses $103,050"* $38,198 $93,199 $. 13,638 Sub Total $417,000 $248,085 Fleet Committee Add-on Purchases -0-3 Vehicles for Fire 1 Vehicle for Growth Management 1 Vehicle for Administration 1 Vehicle for Public Works 5 Admin Vehicles for Police*** $ 88,274 $15,035 $16,553 $16,553 $ 97,975 Sub Total $417,000 $482,475 Lease for Police Patrol Vehicles $131,875 -0- -0- -0- FY00-01 @ 10 Patrol Vehicles Proposed FY01-02 @20 Patrol Vehicles Hardware for 20 Patrol Vehicles Graphics for 5 Patrol Vehicles $ 93,690 $108,500 $ 53,686* $ 750* Total $548,875 $739,101 Budget Adjustment from Fleet Reserve $19~226 Ten patrol vehicles for police @ $26,900 each includes add-on hardware Five patrol vehicles purchased for police using existing hardware Replace 1 crashed police administrative vehicle Mr. Ronald M. Ferris January 28, 2002 Page 2 The total cost of all vehicles and equipment equals $482~475.00. All vehicles for the City will be purchased via the Florida Sheriff’s Association Contract (No. 01-09-0905). The forklift will purchased via Florida State Term Contract (No. 760-001-99-1) and the backhoe via Federal General Services Administration Contract (NO. GS-3 OF-1021D). If you have any questions concerning this recommendation, please see me. attachments C:Jack Doughney Len Rubin Hoyt Owens Allan Owens Art Chesson File Ferris 012802 BACKGROUND: Historically, the Police Department purchased ten replacement vehicles each year at a cost of approximately $269,000. In an effort to keep patrol fleet vehicles less than 100,000 miles, last year we began Phase I of an assigned vehicle program. We are proposing beginning Phase II of the vehicle assignment Program, a four (4) year lease-purchase of twenty Ford Crown Victoria Marked Patrol Police Vehicles. ¯It is projected that the lease/assigned vehicle maintenance cost over the life of the vehicle will be much less than a 24-hour fleet vehicle. Lease/assigned vehicles have 3 years or 36,000 mile warranty ... average lease vehicle should be able to take full advantage of this warranty for 3 years. Resulting in lower maintenance costs. (projected mileage per year is 12,000 miles. Our past vehicle purchasing practice has been to buy 10 vehicles a year, to support 30 (24 hour fleet vehicles) average life 3 years. Over 5 years 50 vehicles would be purchased with either program, fleet or assigned. Capital cost over 5 years is projected to be about equal. (except for interest for financing) ¯Financial analysis of programs Assigned Vehicles (8 hour) Vehicle life 5 years Cost per yr. on 5 yr. cycle $4141 Maintenance per year $3000 1 year total costs $7,141 Fleet Vehicles (24 hour) Vehicle life 3 years Cost per yr. on 3 yr. cycle $6901 Maintenance per year $6370 1 year total costs $13,271 x 50 vehicles $357,050 X 30 vehicles $398,130 Estimated Net Annual Savings $41,080 Benefits of the assigned vehicle program are: ¯Incentive when hiring new officers and retaining veteran officers, most agencies provide assigned vehicles for officers ¯To promote the security of the citizens of Palm Beach Gardens by greater visibility and presence of Department marked vehicles on the streets and highways ¯To reduce the yearly mileage of each vehicle and increase the vehicle’s useful life ¯Reduce the impact of first year depreciation ¯To provide quicker response times to certain types of emergency calls and increase the opportunity to apprehend criminals DISCUSSION: The Fleet Committee is recommending the approval to lease-purchase twenty (20) Police marked patrol vehicles from Duval Ford for $20,610 per vehicle. The award will piggyback the Florida Sheriffs Association & Florida Association of Counties #01-09-0904. The Ford Municipal lease~purchase plan will provide financing for the purchase price of $412,200 over four years, requiring annual payment of $108,279. The annual percentage rate is 4.57%. $269~000 has been appropriated in the 2001-2002 Fleet Management budget for Police vehicles. Cost of police vehicles (Including five fleet vehicles) and equipment from the account total $266,246. At the term end, the City purchases the vehicles for $1.00. The equipment cost per vehicle is $2,906 for nineteen vehicles, the twentieth vehicle will be assigned to a Road Patrol Lieutenant which will not have a light bar, cage, or shotgun rack. (Cost of equipment is light bar $1925,shotgun rack $204, Cage $380, push bumper $195, graphics $150, tag and title $52) Mobile police radios will be funded by the impact fund. Laptop computer desk and bracket will be funded from the Block Grant. The equipment funding will be addressed in a future Council agenda item at the appropriate time closer tr’ithe delivery date. Police Department staff has worked in conjunction with the Fleet Committee, Public Works and Finance Director who concur with the recommendation. RECOMMENDATION:. Staff recommends the lease-purchase of twenty Ford Crown Victoria Marked Police Patrol Vehicles from Duval Ford for $412,200. Additionally recommends the approval of Ford Municipal lease-purchase finance plan requiting four annual payments of $108,500. FEB B@ 2~2 %4:12 FR FORD tIUNICIPAL 313 398 28?2 TO 9156199944?3 P.~2/13 FORD MOTOR CREDIT COMPANY MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6807800 Lessee:City of Palm Beach Gardens ¯ 10500 North Military Trail Palm Beach Gardens, FL 33410 Lessor: Ford Motor Cred’rt Company P. O. Box 1739 Dearborn, MI 48121-1739 Lessor agrees to lease to Lessee, and.Lessee agrees to lease from Lessor-, the equipment, including art modificat/ons, alterations, additions, or improvements thereto (the "Equipment"). described in the Schedules (the "Schedules") hereto executed from time to t~me Lessor and Lessee. in accordance with the following terms and conditions of this Master Equipment Lease-Purchase Agreement ~’Maste: Agreement’] and the applicable Schedule. As provided in Section 17 hereof, Lessor may assign its rights and interests under and related to any one or more Schedules. It" none of Lessor’s interest in, to and under any Schedule has been assigned pursuant to Section 17 hereof, or if all of Lessor’s interest in, to and under this Master Agreement and all Schedules have been assigned to the same assignee without any reassignment, the term "Lease" is used herein to mean this Master Agreement, including all Schedules. If Lessor’s interest in, to and under any Schedule or Schedules has been assigned or reassigned pursuant to Se~on 17 hereof, the term "Lease" is used herein to mean all Schedules that have the same Lessor and this Master Agreement as it relates to those Schedules and the Equipment listed therein, and each Lease shall constitute a separate single lease relating to that Equipment. t. TERM AND TERMINATION. (a) Leas.¢ Term. The lease term (the "Lease Term") for the Equipment listed in each Schedule will commence on the date that Equipment is accepted pursuant to Section 3 and, unless earlier terminated as expressly provided for in Paragraphs 6. 19 or 20 of this Master Agreement, will continue until [he expiration date (the "Expiration Date") set forth in the applicable Schedule. The termination or expiration of the lease of any item of Equipment shall apply solely to that item of Equipment and wilt not result in the termination of this Master Agreement or the lease of any other item of Equipment. and the dghts and obligations of Lessor and Lessee under this Master Agreement shall continue in full force and effect with respect to the remaining Equipment subject to this Master Agreement. (b) .T, erm of Master A,qreement. The term of this Master Agreement shall commenCe on the date it is executed by Lessor and Lessee. and will continue until terminated by either Lessor or Lessee upon at least thirty days prior wril:ten notice of the effective date of such termination (the "’Termination Date"); provided, however, that the terms and conditions of this Master Agreement shall continue in full force and effect and the obligations of Lessee hereunder and any Schedule(s) with respect to Equipment leased prior to the Termination Date shall remain in full fOrC~ and effect until ~11 suchobligations have been fulfilled, ;L LEASE PAYMENTS. For the le~se of the Equipment listed in each Schedule, Lessee shall pay to Lessor the lease payments and other charges (the "Lease Payments’) set forth in the applicable Schedule end this Master Agreement. As set forth in the applicable Schedule, each Lease Payment includes a principal portion and an interest portion. The Lease Payments will be payable without notice or demand at the office of Lessor (or such other place as Lessor or ils assignee may from time to time designate in writing) on the ~’st Lease Payment Date and thereafter as set forth in the applicable Schedule, If any Lease Payment is received later than ten (10) days after the date, Lessee will pay a late payment charge equal to 1.8% of the amount of the Lease Payment or the maximum amount permitted by law, whichever is less. Except as specifically provided in Section 6 hereof, the obligation of Lessee to make the Lease Payments hereunder and perform all of its other obligations hereunder will be absolute and unconditional in all events and will not be subject to any setoff, defense, counterclaim, or recoupment for any reason whatsoever including, v~thout limitation, any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns or inBrm~tJes in the Equipment or any accident, condemner/on or unforeseen circumstances. Lessee reasonably believes that sufficient funds can be obtained to make all Lease Payments during the applicable Lease Term and hereby covenants that the official of Lessee responsible for budget pteparatlon will do all things lawfully within hls ot her power to obtain, maintain and propedy request and pursue funds from which the Lease Payments may be made, including making provisions for Lease Payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using his or her best efforts to have such posen of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is Lessee’s intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the use of the Equipment is essential to its proper, efficient and economic operation, The foregoing provisions shall not be construed to require Lessee’s governing body or other governmental body charged with budgeted or appropriating funds for Lessee to budget or appropriate funds to make Lease Payments. Lessor and Lessee understand and intend that the obligation of Lessee topay Lease Payments hereunder and each Schedule hereto shall constffute a current expense of Lessee and she}} not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. 3. DELIVERY AND ACCEPTANCE. Lessee will c~use the Equipment to be de}ivered to Lessee at the tocabon specked in the applicable Schedule ("Equipment Location"). Lessee w=’ll pay all transportation and other costs, if any, incurred in connexion with the delivery and insteIlation of the Equipment. Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (in the form provided by Lessor) within three days of delivery of the Equipment. 4. WARRANTIES. (a) Assignment of Warranties. So long as no Event of Default h~s oc,~Jrred and is continuing, Lessor assigns to Lessee dudn9 the Lease Term of the Equipment all manufacturers warranties, if any. expressed or implied with respect to the Equfpment, and Lessor authorizes Lessee to obtain the customary services furnished in connection with such wan’anties at Lessee’s expense. Lessee will resolve any claims under suc~ warranties directly with the appropriate manufacturer or vendor. Lessee’s sole remedy for the breact~ of any warranty shall be against the party providing the warranty, and not against Lessor. Lessee expressly ~,now~dges that Less_or makes, and has made, no representations or warranties whatsoever as to the existence or the availability of su~n warranties of the manufacturer or vendor of the Equipment. FEB 08 2882 14:13 FR FORD MUNICIPAL 313 3~8 ~892 TO 91561?9944?3 P.83/13 (b) DISCLAIMER OF WARRANTIES. LESSEE ACKNOWLEDGES AND AGREES THAT THE EQUIPMENT IS OF A SIZE. DESIGN AND CAPACITY SELECTED BY LESSEE, THAT LESSOR IS NEITHER A MANUFACTURER NOR A VENDOR OF THE EQUIPMENT AND THAT LESSOR LEASES AND LESSEE TAKES THE EQUIPMENT AND EACH PART THEREOF "AS-IS" AND THAT LESSOR HAS NOT MADE, AND DOES NOT MAKE, ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DURABILITY. DESIGN, OPERATION, FITNESS FOR USE. OR SUITABILITY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE. OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS. WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT. TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT OR ANY OTHER REPRESENTATION. WARRANTY. OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED. WITH RESPECT THERETO, IT BEING ¯AGREED THAT ALL RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND LESSOR SHALL NOT BE OBLIG,&TED OR LIABLE FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT AND THE MAINTENANCE THEREOF. .... ’ 5. RETURN OF EQUIPMENT. Unless Lessee shall have ekercised its purchase option as provided in Section 20 hereof, upon the expiration or earlier termination of the Lease Term of the Equipment pursuant to the terms hereof. Lessee shall, at its sole expense but ~ Lessor’s option, return the Equipment to Lessor packed for shipment in accordance with manufacturer’s specifications and freight prepaid and insured to any location within 200 miles of the Lessee. 6. NON-APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Master Agreernent or any Schedule to the contrary, in the event no funds or insufficient funds are appropriated and budgeted and sufficient funds are otherwise unavailable by any means whatsoever in any fiscal period for all Lease Payments under a Lease, Lessee will immediately notify Lessor in writing of such occurrence and the Lease Term for the Equipment under that Lease shall terminate on the last day of the fiscal period for which sufficient appropriations have been received or made without penaffy or expense to Lessee, except as to Lessee’s obligations and liabilities under this Master Agreemen~ relating to, or accruing or arising pdor to, such termination. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equlpment under that Lease to Lessor on the date of such termination in the manner set forth in Section 5 hereof and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. If the Lease Term for any Equipment is terminated in accordance with this Section, Lessee agrees, to the extent permitted by law, that Lessee will not expend funds for the purchase or use of equipment p~rforming functions similar to those performed by the Equipment which has been terminated for a period of 90 days following the termination of the Lease Term: provided this restrictibn shall not be applicable in the event that the Equipment is sold, release~ or otherwise disposed of by Lessor and the amount received from~.qch disposition, less all costs of such sale or dlsposit~on, is suffi~ent to pay all then applicable Concluding Payments (as defined in the Sc~edoles) or to the extent that the application of these restrictions is unlawful and would affect the validity of a Lease or this Master Agreement.’ This Section shall remain in full force and effect notwithstanding the termination of this Master Agreement or any Lease Term. 7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee represents, covenants and warrants as of the date hereof and at all times dudn9 the Master Agreement Term that: (a) Lessee is a State or a ~ully constituted political subdivision, of a State, and has substantial.amount ef one or more of the following sovereign powers: (1) power to tax, (2) power of eminent domain, or (3) police power, will do or cause to be done all thlng~ necessary to preserve and keep in full force and effect its existence and this Master Agreement; (b) the execution, delivery and performance by the Lessee of this Master Agreement and all documents executed in connection herewith, including, without limitation, all Schedules hereto and the Delivery and Acceptance Certificates referred to in Section 3 hereof (this Master Agraement together with all such documents shall be collectively referred to herein as the "Lease Documents") have been duly authorized by all necessary acfon on the part of the Lessee; (c) the Lease Documents each constitute a legal, valid and binding obligation of the Lessee enforceable in accordance with the;r respective terms; (d) all required public bidding procedures regarding the award of the Master Agreement and the purchase o[ the Equipment have been followed by Lessee. and no governmental orders, permissions, consents, approvals o~ authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and delivery of the Lease Documents; (e) Lessee has sufficient appropriations or other funds available to pay all Lease Payments and other amounts due hereunder for the current fiscal period: (1) the use of the Equipment by Lessee is essential to and will be limited to the performance by Lessee of one or more governmental functions of Lessee consistent with the permissible scoJ:~e of Lessee’s authority; and no portion o’[ the Equipment will be used directly or indirectly in any trade or bus~ness carried on by any person other than Lessee. At the request of Lessor, Lessee shall deliver to Lessor an opinion of Lessee’s counsel in form and substance as set forth in the form of opinion of counsel attached hereto or otherwise acceptable to Lessor, dated the date of acceptance of the Equipment pursuant to Section 3 hereof. In the event that a question arises as to Lessee’s qualification as a pol~tlcal subdivision, Lessee agrees to cooperate w~th Lessor to make application to the Internal Revenue Service for a letter ruling with respect to the issue. 8. TITLE TO EQUIPMENT; SECURITY INTEREST. Upon acceptance of the Equipment by Lessee hereunder, titleto the Equipmenl will vest in Lessee subject to Lessor’s rights under this Master Agreement; provided, however, that title will immediately vest in Lessorwitho~ any action by Lessee and Lessee shall immediately surrender possession of the Equipment to Lessor in accordance with Section 5 hereof, Leseee terminates the Lease Term of tha Equipment pursuant to Section 6, or upon the occurrence of an Event of Default. or if Lessee does not exercise the purchase option pdor to the Expiration Date. In order to secure all of its obligations hereunder, Lessee hereby (a) grants Lessor a first and prior secudt’y interest in any and ail right, title and interest of Lessee in the Equipment including but not limited to computer programs and computer documentation, if any, relating to the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom. (b) agrees that this Master Agreement may be filed as a financing statement evidencing suct" security interest. (c) agrees to execute and deliver all financing statements, certificates of title and other ins~’uments in form satisfactory Lessor necessary or appropriate to evidence such security interest, and (d) authorizes Lessor acting on behalf of Lessee to execute and any financing statements and to take any other a~on required to perfect Lessor’s secudty interest in the Equipment. 9. USE; REPAIRS. Lessee ,MII use the Equipment in a careful manner for the use contemplated by the manufa~--e:ur~r of the Equip- ment‘ Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to the possession, use, operation o rnaintenanc~ of the Equipment. Losses, at its expense, will keep the Equipment in good working order and repair and furnish all parts mechanisms and devices required therefor. 10. ALTERATIONS. Lessee wiil not make any modifications, alterations, additior~ or improvements to the Equipment without Lessor’~ prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. FEB 88 2002 14:14 FR FORD MUNICIPRL 313 399 2872 TO 91561T994473 P.84.,*13 1"i. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling stock, its permanent base will not be changed from the Equipment Location without Lessors prior written consent which will not be unreasonably withheld. Lessor will be ent~ed to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe ~ use and operation. 12. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those create¢ under this Master Agreement. Lessee shall pay, when due, to the extent required by law. ell charges and taxes (local, state and federa~ which may now or hereafte~ be imposed upon the ownersh;p, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor’s income. If Lessee fails to pay said charges, or taxes when due, Lessor may, but need not, Pa3. ¯ said charges or taxes and, in such event, Lessee shall reimburse Lesser therefor on demand, with interest at the maximum rate permitted b~, law fromthe date ofsuch payment by Lessor to the date of reimbursement by Lessee. "¯ " 13. RISK .OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all r~sk of loss of or damage to the Equipment from and caus~ whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Master Agreement. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair, with the proceeds of any insurance recovery applied to the cost of suc~. repair, tf Lessor determines that any item of Equipment is lost, stolen, destroyed or dam=god beyond repair, within 30 days of suc~- determination, Lessee, at the option of Lessor, wig either (a) replace the same with like equ!pment in good repair, or (b) pay Lessor an amou~.~ equal to (1) the Concluding Payment for the immediately preceding Lease Payment Date as set forth in the applicable Schedule, (2) accrued interest portion of the next Lease Payment through the date such amount is paid, and (3) all other amounts then due under this Master Agreement with respect to such Equipment. In the event that Lessee is obligated to make such payment pursuant to subparagraph (b) above with respect to less than all of the Equipment, Lessor w~tl provide Lessee v~h the pro rata amount of the Condudin9 Payment to b~ made by Lessee with respect to the Equipment which has suffered the event of loss. 14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or atlached tc real estate or any building thereon. If requested by Lessor, Lessee will, at Lcssee’s expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 15. INSURANCE. Lessee, will, at its expense, maintain at a~l..times during the Lease Term, fire and extended coverage, public liabil~ and property damage insurance with respect to the Equipment in s~ch amounts, covering such risks, end with such insurers satisfactory t¢ Lessor, or may self-insure against any or all such risks under a self-ir~surance program satisfactory to Lessor. In no event will the insuranc~ limits be less than the amount of ~e then ~pplic~bte Concluding Payment with respect to such Equipment. Each insurance policy will name Lessee as an insured and Lessor as an additional insured, and will contain a clause requiting the insurer to give Lessor at least thirty (30:: days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies or seP~- insurance.w~ll be payable to Lessee and Lessor as their interests may appear. Upon acceptance of the Equipment and upon each insuranc~ renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event that Lessee has be.an permitted to insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, inju~ or accident involving th~ Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentatio~ rei~ng thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect thereof. 16. INDEMNIFICATION. Since Lessor’s sole responsibilit~ in connection with this transaction is to provide an amount equal to th~ principal portion of the Lease Payment~ to pay costs of the acquisition and lease of the Equipment, the parties intend that Lesser incur n~ liability, cost or expense with respect to Lessee’s possession, use or operation of the Equipment. Accordingly, Lessee agrees, to the extol.: permitted by law, to indemnify Lessor agalnst, and hold Lessor harmless from, any and ell claims, actions, proceedings, expenses, damages or liabilities, including attorney’s fees and court costs° arising in connecSon with the Equipment. including, but not limited to, its selectJo¢,. purchase, delivery, installation, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereo~. The indemnification provided under this Section shall survive the furl payment of all obligations under this Master Agreement or the termination of the Lease Term for any reason. 17. ASSIGNMENT. Without Lessor’s pdor written consent, Lessee will not either (a) assign, transfer, p~edge, hypothecate, grant security interest in or o~herwise dispose of this Master Agreement or the Equipment or any interest in this Master Agreement or. the Equipme~ ~r (b) sublet or ~end the Equipment or permit it to be used by anyone other than Lessee or Lessee’s employees. Lessor may assign Its rights. title and interest in and to this Master Agreement, the Equipment and any documents executed with respect to this Master Agreement and/or grant or ¯assign a secunty interest in this Master Agreement and the Equipment. in whole or in part (including without limitations the d~hts interests of Lessor under and related to any Schedule end the Equipment thereunder), and Lessee’s rightS will be subordinated thereto. such assignees shall have all of the rights of Lesso~ under this Master Agreement with respect to the r~ghts and interest assigned. Subject the foregoing, this Master Agreement inures to the benefit of and is binding upon the successors and assigns of the pat~es hereto. Lesse~ covenants and agrees not to assert against the assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment the like which Lessee may have against Lessor. Upon assignment of Lessor’s interests herein, Lessor wilt cause wdtten notice of suct’. assignment to be sent to Lessee w~ch will be sufficient if it discloses the name of the assignee and address to which further payments hereunder should be made. No further action will be required by Lessor or by Lessee to ~vidence the assignment, but Lessee acknowledge such assignments in writing if so requested. Lessee shall retain all notices of assignment and maintain a book-entry record (as referred to in Section 21) which identifies each owner of Lessor’s interest in the Master Agreement. Upon Lessee’s receipt of written notice Lessor’s ~sslgnment of all or any part of ~ interest in the Master Agreement, the term "Labor." when used herein with respect to any rights assigned, shall mean the assignee to whom those rights are assigned and Lessee agrees to attorn to and recognize any such ass~jr~ee the owner of Lessor’s interest in this Master Agreement, and Lessee shall thereafter make such payments, including without limitation suc~ Lease Payments. as are indicated in the notice of assignmenL to such assignee. 18. EVENT OF DEFAULT. The term "Event of DeFault," as used herein, means the occurrence of any one or more of the events: (a) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the term~ of thL~ Maste-- Agreement. and any such failure continues for ten (10) days after the due date thereof;, (b) Lessee fails to perform or observe any other nant, cond~ion, or agreement to be performed or observed by it hereunder and such failure is not cured within thirty (30) days after notice thereof by Lessor; (c) the discovery by Lessor that any statement, representetbn, or warran~ made by Lessee in this Mast~--- FEB 08 2002 14:~.S FR FORD MUNICIPIqL 313 39~ 28,’72_ TO 915G1_9994473 P.IB5/~.:3 Agreement or in any writing ever delivered by Lessee purBuant hereto or in connection herewith was false, misleading, or elToneous in any material respect; (d) Lessee becomes insolvent, or is unable to pay its debts as they become due, or makes an assignment for the benefit creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, ota petition for relief is filed by Lessee under any bankruptcy, insolvency, reon:janiTatlon or similar laws, or a petition in, or a proceeding under, any bankruptcy, insolvency, reorganization or similar laws is filed or instituted against Lessee and is not dismissed or fully stayed within thirty (30) days ef~er th.s fllin 9 or institution thereof; (e) Lessee fails to make any payment when due or fails to perform or observe any covenant, condition, or agreement tO be performed by it under any other agreement or obligation with Lessor or an affiliate of Lessor and any applicable grace period or notice with respect thereto shall have elapsed or been given; or (f) an attachment, levy or execution is threatened or levied upon or against the Equipm’ent. ~ 19. REMEDIES. Upon the occurrence of an Event of Default under any Lease, and as long as such Event of Default:under any Lease is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (a) by written notice to Lessee, declare an amount equal to a~lamounts then due under that Lease, and at~ rema.inln9 Lease Payments due under thatLease dutlng the fiscal year of Lessee in which the default occurs to be immediately due and payable, wliereupon the same shall become immediately due and payable; (b) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee’s expense, promptly return the Equipment under that Lease to Lessor in the manner set forth in Section 5 hereof, or Lessor. at its option, may enter upon the premises where the Equipment under that Lease is located and take immediate possession of and remove the same; (c) sell or lease the Equipment under that Lease or sublease the account oi’ Lessee, holding Lessee liable for all Lease Payments and other payments due to the effective date of such selling, leasing or subleasing and for the difference between the amounts otherwise payable by Lessee under that Lease and the purchase pdca, rental and other amounts paid by the purchaser, lessee or sublessee pursuant to such sale, lease or sublease; and (d) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state where the Equipment is then located or any other applicable law or proceed by appropriate court action to enforce the terms of that Lease or to recover damages for the breach of that Lease or to rescind that Lease as to any or all of the Equipment under that Lease. In addition, Lessee will remain liable for all covenants and indemnities under this Master Agreement and, to the extent permitted by law, for all legal fees and other costs and expenses, including COurt COsts, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 20. PURCHASE OPTION. Upon at least thirty (30) days pdor written notice from Lessee to Lessor. and provided that no Event Default has occurred and is continuing, Lessee wig have the right to purchase the Equipment under any Schedule at a purchase price equal to the sum of (a) the Concluding Payment for the immediately preceding Lease Payment dale as set forth in the applicable Schedule, (b) accrued interest portion of the next Lease Payment through the d~,te the purchase price is paid, and (c) any other amounts then due under this Master Agreement. Upon satisfaction by Lessee of such purch~..se conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee es is, without warranty, express or impl.i.cd, except Lessor will warrant that the Equipment is free ~nd clear of any liens created by Lessor. 21. TAX COVENANTS; INDEMNITY. (a) Tax Assumptions and._C_0ven~nts. The parties assume that, and Lessor is entering into this Master Lease with the expectation that, Lessor can exclude from Federal gloss income the interest portion of each Lease Payment set forth iC the Schedule under the Column captioned "Interest Portion." Lessee covenants that it will (a) execute the appropriate Form 8038 for each Schedule prepared on behalf of Lessee by Le~sor, who will register this Master Agreement and transfers thereof in accordance with 149(a) of the Internal Revenue Code of 1986, as amended (the "Code’), and the regulations thereunder, (b) not permit the property finance~; by this Master Agreement to be direc/ly or indirectly used for a private business use within the meaning of section 141 of the Code, (c) not. take any action which results, directly or indirectly, in the interest portion of any Lease Payment not being excludable from Federal gross income pursuant to section 103 of the Code and will take any reasonable action necessary to prevent such result, and (d) not take any action which results in this Master Agreement becoming, and will take any reasonable action to prevent this Master Agreement t’rom becoming an arbitrage obligation within the meaning of section. 148 of the Code or federally guaranteed within the meaning el ~ section 149 of the Code. (b) .Tax Indemnity. In the event that Lessor either (a) receives notice from the Internal Revenue Service, or (b) reasonably determines. based on an opinion of independent tax counsel selected by Lessor and not reasonably objected to by Lessee within ten (10) days alter notice from Lessor of the selection, that the interest portion of any of the Lease Payments set forth in the Schedules is includable in Lessor’s gross income for Federal income tax purposes, then Lessee will pay Lessor within 30 days after receiving notice from Lessor of suc~. determination, the amount which, with respect to such Lease Payments previously paid, will restore the after.tax yield (after taking int~ account all taxes, interest and penalties) on the transactions evidenced by this Master Agreement to that which would have been had such, interest portion not been includable in Lessor’s gross income for Federal income tax purposes, and pay as an additional Lease Payment succeeding Lease Payment due dates such amount as will maintain such after-tax yield. NotwithStanding the earlier termination or expiratier= of this Master Agreement or Lease Term of the Equipment, the obligations provided for in this Section 21 shall survive such earlier ten’ninatioc.. of expiration. 22. MISCELLANEOUS. (a) Notices..All notices to be given under this Master Agreement shall be made in writing and mailed by certified mail. return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in wri~n~. from time to time. Any such notice shall be deemed to have been received five days subsequent to mailing. (b) ~;ection Headings. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Master Agreement. (c) Govemlno L~w. This Master Agreement shall be construed in accordance with, and governed by, the laws of the state of the Equipment LocatiOn, (d) Delivery of Related Documents. Lessee will execute or provide, as requested by Lesser, such Other documents and information are reasonably necessary with respect to the transaction contemplated by this Master Agreeme~. (e) Entire Aqre~. ment. The Lease Documents con~tit~e the entire agreement between the patties with respect to the lease of Equipment, and this Master Agreement shall not be modified, amended, altered, ot changed except with the written consent of Lessee an.-. Lessor. Any provision of this Master Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition irwalid~ing the remainder of this Master Agreement. The waiver by Less~r of any breach by Lessee of any term, covenant or conditic,- hereof shall not operate as a waiver of any subsequent breach thereof. FEB 08 2882 14:16 FR FOPD MUNICIPAL 313 398 28?2 TO 915G~994473 P.8G/13 (f) .Interest Rate Limitations. It is the intention of the padies hereto to comply w~h any applicable usur~ and other interest rate laws; accordingly, netwiths~anding any provisions to the contrary in this Master Agreement, in no event shall this Master Agr~emen~ the payment or permit the collection of interest or any amount in the nature of interest or fees in excess of the maximum permitled ~-~ applicable law. (9) Cou~terparls. Th!s Master Agreement or any Schedule may be simultaneously executed in several counterparts, each of which be an original and all of which shall constitute but one and the same instrument and either of the parties hereto may execute this Agreement or any Schedule by signing any counterpart, except that to the extent that this Master Agreemenl of shy Schedule chattel paper, no security interest therein may be perfected through possession except by possession of Counterpart No. 1 0f a Schedule w..-~ ¯ iresl~-.t to that Schedule and the Master¯Agreement as it relates tO that Schedule. " " IN WITNE,’~S WHEREOF, the pa~es hav¢ executed this Master Agreement ~S of 6110/02. Lessee:City of Palm Be~ch Gardens Lesso~. By:By:. Td~e:Title: Ford Motor Credit Company Frank Mastrella Operations Mar~ger, Municipal Finance FEB {~@ 2~82 14:16 FR FORD MUNICIPAL 313 39(~ 2872 TO OPINION OF COUNSEL With respect to that r_.ettain Ma~ter Equipment Lease-Purchase Agreement 6807800 dated ~10/02 by and between Ford Motor Company (Lessor) and City of Palm Beach Gardens (Lessee) as Supplemented by Schedule 6807800 thereto (the "Master Agreement’3, of the opinion that: (1) Lessee is a political subdivision of the State, and has a substantial amount of one or more of the following sovcreign powers: the power to tax, (b) the power of eminent domain, and (c) police powe~, (2) Lessee has the requisite power and authority to purchase the Equipment (as defined in the Master.Agreement) and to execute and deliver the Master Agreement and to perform its obligations under the Master Agreement; ¯ (3) the execution, delivery and performance by Lessee of the .Master Agreement have been duly authorized by all necessary ac’dcr on the pan of Lessee:" (4) the Uniform Commercial Code of the state where the Equipment Is located and/or the certificate of title laws of such state govern the method of perfecting Lessor’s security interest In the Equipment; (5) the Master Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation Lessee enforceable in accordance w~th its terms; (6) there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or equ~, or before or by any governmental or administratbe agency or instrumentality which, if adversely determined, wou|d have a mat~ adverse effect on the transection contemplated in the Master Agreement or the ability of Lessee to perform its obligations under the Ma ~st-~ Agreement and Lessee is not in defauit under any matedal obligation for the payment of borrowed money, for the deferred purchase price ._- property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same s~-~- effect: and (7) all required public bidding procedures regarding the award of the Master Agreement and the purchase of the Equipment h~-.~ been followed by Lessee and no governmental orders, permission~’,.consents, approvals or authorizations are required to be obtained and r,: r¢9istrations or declarations are requ~.red to be filed in connection wit~ the execution and delivery of the Master Agreement. Attorney for Lessee Len Rubin FEB 08 2002 14:17 FR FORD NUNICIP~L 313 390 28?2 TO 91561?9944?3 P.08/13 ADDENDUM TO MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6807800 Florida THIS ADDENDUM;which is entered into as of 6/10,’02 between Ford Motor Credit Company ("Lessor") and City of Palm Beach Gardens (’Lessee"), is intended to modify and supplement the Master Equipment Lease-Purchase Agreement between Lessor and Lessee of even date herewith (the "Master Agreement"). .Capitalized terms not otherwise defined hei’ein shall have the meanings.set forth in the Master Agreement.. 1.. ¯ Section 8. TITLE TO EQUIPMENT; SECURITY INTEREST, See’don 8 is re-t~ed TITLETOEQUIPMENT end is amended in its entirety to state as follows: Upon acceptance of the Equipment by Lessee hereunder, We to the Equipment witi vest in Lessee subject to Lessors dghts under this Master Agreement; provided, however, that title will immediately vest in Lessor without any action by Lessee and Lessee shall immediately surrender possession of the Equipment to Lessor in accordance whh Section 5 hereof, if Lessee terminates the Lease Term of the Equipment pursuant to Se~on 6, or upon the occurrence of an Event of DefauIt, or if Lessee does not exerdse the purchase option pdor to the Expiration Date. 2.Section 15. INSURANCE. Section 15 is amended in its entirety to state as follows: Lessee, will, at it expense, maintain at all times during the Lease Term, fire and extended coverage, public liabil~j end property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers s~tisf, actory to Lessor, or may self-insure against any et all such risks under a self-insurance program satisfactory to Lessor. In no event will the insurance limits be less than the amount of the then applicable Concluding Payment with respect to such Equipment or, in the case of public liability and property damage insurance, in the amounts of $100,000/$300,000 bodily inju{y liability end $50,000 property damage insurance sufficient to meet the requirements of se~o~ 324.021(9)(b) of the Florida Statutes (or any successor statute). Each insurance policy will name Lessee as an Insured and Lessor add~onal insured, and w~ll contain a clause requirin9 the insurer to g~e Lessor et least thlrt~/(30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof. The proceeds of any such policies or self-insurance will be payable to Lessee and Lessor as their interests may appear. Upon acceptance of the Equipment and upon’each insurance renewal date, Lessee will deliver to Lessor e cer~cate evidencing such insurance. In the event that Lessee has been permitted to seLf-insure, Lessee will furnish Lessor with a letter or cert~cate to such effect. In the event of any loss. damage, injury or accident involving the Equipment, Lessee witi promptty provide Lessor with written notice thereof and make av=ilable to Lessor all information and documentation relatin 9 thereto and sha]l permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect thereof. 3. S~ctJon 16. INDEMNIFICATION. Section 16 is re-titled LESSEE~S NEGUGENCE and is amended in its entirety to state as follows: Lessee assumes all r~sks and liabilities, whether or not covered by Insurance, for loss or damage to any Equipment and ior injury or death of any person or damage to any property, whether such i~jury or death be with respect to agents or employees of Lessee or to third pa~es, and whether such property damage be to Lessee’s proper0/or the property of others, which Ls proximately caused by the negligent conduct of Lessee, its efficers, employees or agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (indudin9 reasonable attorney’s fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way relate to or adse out of a claim, suit or proceeding based in whole or in part upon the negligent conduct of Lessee, its officers, employees or agents, to the m~ximum extent permitted by law. As modified hereby, this Master Agreement is and shall remain in full force and effect and, except as modified hereby, the dghts and obligations of the parties thereunder are not modified or affected in any way. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed in their names by their duly authorized representatives as of the date first above written. Lessee:City of Palm Beach Gardens Lessor. By:.By: Ford Motor Credit Company Frank Mastrella OperaBons Manager, Municipal Finance FEB 08 2002 14:17 FR FORD MUNICIPAL 313 39~ 28?2 TO 91561?9944?3 P. £}9/13 SCHEDULE 6807800 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6807800 AMENDMENT That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor Credit Company ("Lessor") and City of Palm Beach Gardens ("Lessee"), dated as of 6/10102 (the "Lease") is hereby amended as follows: Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax-exempt obligations (including this Lease) in the amount of more than $10,000,000 during the current calendar year; hereby designates this Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, ("Code,.."); and agrees that it and its subordinate entities will not designate ,more than $10,000,000 of their obligations as "qualified tax-exem~t..ol~[igations" during the current calendar year. .Except as amended hereby, the Lease shall otherwise remain unchanged and in full force and effect. ¯ IN WITNESS WHEREOF. the parties have executed this Amendment as of .the 10th day of June, 2002. LESSEE:city of Palm Beach Gardens LESSOR: Police Ford Motor .Credit Company By: Title: By: Trtle: Frank Mastrella Operations Manager, Municipal Finance FEB 08 2082 15:43 FR FORD tIUNICIPAL 313 398 2872 TO 915617994473 P.02/03 Page 1 SCHEDULE 6807800 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6807800 This Equipment Schedule dated as of 06/1012002, is being executed by Ford Motor Credit Company ("Lessor"), and City of Palm Beach Gardens ("Lessee") as a supplement to, and is hereby made a part of that certain Master Equipment Lease-Purchase Agreement dated as of 6/10/02 ("Lease"), between Lessor and .Lessee. . ¯ Lessor.hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, and following items of Equipment: QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.)SUPPLIER 20 2003 Ford Crown Victoria Police Sedans Duval Ford EQUIPMENT LOCATION: Initial Term:48 Months City of Palm Beach Gardens Police 10500 North Military Trail Palm Beach Gardens, FL 33410 Commencemen( Date: 06/10/2002 Periodic Rent:.1 Consecutive Annual in Advance Payments of $108,500.00 each (including interest), followed by 3 Annual Payments of $108,279.40, due under this Lease. The Pedodic Rent Payment also includes any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in Schedule 6807800, Page 2. ¯ EXECUTED as of the date first herein set forth. LESSEE:City of Palm Beach Gardens Police LESSOR: Ford Motor Credit Company By:By: Title:Title: Frank Mastrelta Operations Manager, Municipal Finance Counterpart No. 1 of 1 manually executed and sedally numbered counterpart~. Tothe extent this Schedule constitutes chattel paper, no security interest herein may be perfected through the possessionof any counterpart other than Counterpart No. 1. FEB 88 2082 15:43 FR FORD MUNICIPAL 313 39~ 28"72 TO 9156179944T3 P.83/~3 LESSOR:FORI3 MOTOR CREDIT COMPANY Po O. Box 1739 Dearborn, MI 48121-1739 DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment desc~bed below ("Equipment") as fully installed and in good working condition; and Lessee hereby accepts the Equipment after full bspection thereof as satisfactory for all purposes of tl’ie Master Equ~pment Lease-Purchase Agreement ("Leas~") executed by Lessee and Lessor. DATE NUMBER _6110102..6807800. SCHEDULE DELIVERY PURCHASE 6807800 NUMBER DArE DATE 06/10/2OO2 1 L PURCHASE ORDER NO. EQUIPMENT INFORMATION QUANTITY 2O DESCRIPTION (MANUFACTU..,RER, MODEL AND SERIAL NO.) 2003 For6 Cro~n Vi~oria Polid¢ ~edans SUPPLIER Duval Ford LESSEE:City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 BY: DATE ACCEPTEE): (Title) ~ TOTAL. PCC~_~. ~.3 ~. FEB 88 2082 14:18 FR FORD MUNICIPI~313 398 ~872 TO 91561?9944?3 P.12/13 INSURANCE FACT SHEET We require a Certificate of Insurance or Declaration Page shown in the name of the Municipality listed below. If more than one insurance company is used. indicate each and for what type coverage. Per the Master Equipment Lease-Purchase Agreement. Lease No. 6807800, we requ;re L;abi}ity and Physical Damage on all vehicles, Liability and Property Damage on all other Equipment and FORD MOTOR CREDIT COMPANY named as Less Payee and Additional Insured. RETURN TO: Ford Motor Credit Company, Municipal Finance, PO Box 1739 - MD 7500, Dearborn, M! 48121-t739. SCHEDULE NO:6807800 . PLEASE NOTE: FORD MOTOR CREDIT COMPANY REQUIRES ~.-A MINIMUM OF $t,000,000 PUBLIC LIABILITY COVERAGE; OR THE STATE MAXIMUM (IF LOWER) IS REQUIRED- MUNI:City of Palm Beach Gardens ADDRESS:10500 North Military Trail CITY:Patm Beach Gardens. FL 33410 CONTACT: EQUIP DESC: Rossalind Breland. Accts. Payable 561-799-4161 (20) 2003 Ford Crown Victoda Police Sedans PHONE: (561) 799-4441 INSURANCE COMPANY: ADDRESS: CITY: PHONE: POLICY NO: STATE: CONTACT PERSON: EXPIRATION DATE: ZIP: LIABILITY AMT: PHYSICAL DAMAGE AMT:COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: PROPERTY DAMAGE AMT: INSURANCE COMPANY: ADDRESS: CITY:STATE: PHONE: POLICY NO: LIABILITY AMT: PHYSICAL DAMAGE AMT: CONTACT PERSON: COMPREHENSIVE DEDUCTIBLE: COLLISION DEDUCTIBLE: EXPIRATION DATF" PROPERTY DAMAGE AMT: ZIP: SELF-INSURED: IF YOU ARE SELF-INSURED FOR ANY COVERAGE, PLEASE POOUFUND. PROVIDE "I’HE NAMEOF YOUR .INSURANCE NAME OF INSURANCE POOUFUND: SELF-INSUREDFOR: LIABILITY: $ CONTINUOUS COVERAGE: FROM: PROPERTY:$~ TO: PHYSICAL: PLEASE SIGN: FEB 88 2~2 14:18 FR FORD MUNICIPAL 313 398 28?2 TO 91561?994423 |NVOICE P.I~/13 February 8, 2002 LESSEE: REMITPAYMENT TO: City of Palm Beach Gardens Police 10500 North Military Trail Palm Beach Gardens, FL 33410 ¯ FORD MOTOR CREDIT COMPANY " MUNICIPAL FINANCE P. O. BOX 1739 - ME) 7500 DEARBORN, MI 48121-1739 PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT ACCOUNT NUMBER 6807800 FIRST PAYMENT DUE DATE 6/10/02 DESCRIPTION (20) 2003 Ford Crown Victoda Police Sedans PLEASE REMIT: PAYMENT AMOUNT $108,500.00 $108,500.00 If you have any questions regarding this invoice, please call Patdcia Walker (800- 241-4199, Ext. t72). TOTAL PAGE. 13 ~x~ FF_3 08 2002 11 : ~ FR FORD r.~N I C I F~qL 313 390 ~872 TO 915617994473 P.02/02 02/0812O02 Page 1 Palm Beach Gardens, FL-Lease# 6807800 Compound Period .......¯ Annual NominaIAnnual Rate ¯ 4.570 % ¯ CASH FLOW DATA Event 1 Loan 2 Payment 3 Payment Start Date ............A-mour~-t" NUmber Period¯ 06/10/2002 412,200.00 1 06/10/2002 108,500.00 12/15/2002 108,279.40 3 Annual End Date 12/1512004 AMORTIZATION SCHEDULE - Normal Amortizal~on ..... _D.a!e .. Paymen.t Loan 06/10/2002 1 06/1012002 10I~,500.00 2 12/15/2002 108,279.40 3 12/15/2003 108,279.40 4 12/15/2004 108,279.40 Grand Totals 433,338.20 0.00 108,500.00 7,148.68 .101,130.72 9,257.42 ,~99,021.98 4,732.10’ ’q 103,547.30 21,138.20 ~’ " 412,200.00 BalanGe 412,200.00 303,700.00 202,569.28 103,547.30 0.00 ~ TOT;:~_ PAGE. FEB 08 2002 11:19 FR FORD MUNICIPQL 313 390 28?2 TO 91561?9944?3 P.02/02 ~-~m Beach Gar~--~S, FL-Le~se# 680"~800 .......... o Compound Pedod. - Annual 02/08/2002 Page NominalAnnual Rate.." 4.570 % CASH FLOW DATA : ....... Event ~tart.l~~ie 1 Loan 06/10/2002 2 Payment 06/1012002 3 Payment 12/15/2002 Amount Number Period 412,200.00 108,S00.00 1 108,279.40 3 Annual End D~te 12/15/2004 AMORTIZATION SCHEDULE - Normal Amortization Date Payme_n.t Loan 06/10/2002 1 0611012002 108,500.00 2 12/15/2002 108,279.40 3 12/15/2003 108,279.40 4 12/1512004 108,279,40 Grand Totals 433,338.20 Interest Principal 0.00 7,148.68 9,257,42 ~’~... 4,732.1Q. 21,138.20 ~’ 108,500.00 101,130.72 99,021.98 103,547.30 412,200.00 Balance 412,200.00 303,700.00 202,569.28 103,547.30 0.00 ’~ TOTP, L. PRGE.E2 ~ENT BY: DUVAL FORD BOVT ~ALE~;FEB-E-02 II:43AM; Athu:Contract We appreciate your interest in the 2002 Florida Sheriffs As .~ociltion/Florid of Counties l~/rchasing Contract. The following covers the items .we discus~ NO,(90~) 3B7-6BI6 Sincerely P.O. Box 7687 ¯ 1616 Oassat Av~_nue - Jacksonville, FL :32238 - "relephonB 904 PA(~E I/1 01-09-0904 Association ~ " /G BID .AWARD ANNOUNCEMENT PURSUIT, ADMINISTRATIVE NON-PURSUIT, UTILITY, FIRE & RESCUE. VEHICLES, TRUCKS & VANS Participating Sherift~s Ot~ces & Local Governmental Agencies of the State of Florida Coordinated By The Florida Sheriffs Association & Florida Association of Counties FLORIDA ASSOCIATION FLORIDA ASSOCIATION ¯ o--~ COUNTIES¯ FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 2002 FORD CROWN VICTORIA Specification #01 (Pursuit - RWD) The Ford Crown Victoria purchased through this contract comes with all the standard equipment as specified by the manufacturer for this model and FSA’s base vehicle specification(s) requirements which are included and made a part of this contract’s vehicle base price as awarded by specification by zone.~"!, ZONE:~r Western ~r Northern ~Central ~r Southern BASE PRICE:$19,349.00 $19, Z49.00 $19,349.00 $19,39~..00 While the Florida Sheriffs Association andthe Florida Association of Counties have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to .agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehlcle(s) you wish to order. NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. "k = Specification Low Bid . ¯ " LEGEND FOR DELETE/ADD OPTIONS Every Line will require a DOLLAR VALUE or one of the following abbreviations: Std. = manufacturer’sstandardequip. Incl. = included with base specs. NC = no additional charge NA = not applicable to the vehicle --option not bid b)t vendor Bid AwardAnnouncement (01-09-0904)42 VEHICLE: DEALER: ZONE: BASE PRICE: Crown Vic Garber Ford Western $19,349.00 Ordei . Code Crown Vic Crown Vic Cro~vn Vic Garber Ford Garber Ford Duval Ford Northern ~ Central ~ Southern $19,249.00 $19,349.00 $19,392.00 Delete Options Western N0~thern .Central Southern Power door locks __ D127 Rubber heavy-duty floor $ 120.00 $ covering D552 ABS brake system $ 460.00 $58B AM/FM radio $ 65.00 $96D Delete front door molding $ 18.00 $ Order Code Add Options Western 68P 65W 642 45C 187 51A Police prep package Visibility. package Full wheel covers $ AM/FM cassette radio $ Limited slip differential $ Heavy duty padded cloth $ bucket front seats with rear vinyl bench seat Cloth split bench $ 21A Driver seat only" 6 way $ power Roof- reinforcement $ Rear deck warning lights -$ red and or blue, flashing Accessory feed wires for police equipment Roof wiring with hole $ Roof wiring without hole Lights; safety alternate $ flashing 4" red/blue mounted underside of decklid - dealer Installation acceptable Left-hand pillar mounted $ 6" spotlight with clear halogen buib, factory Installed Left-hand pillar mounted $ 6" spotlight with clear halogen bulb, dealer installed Rear door locks & handles $ inoperative Rear xvindows inoperative $ Safety bumper guards $ Speed control/tilt wheel $ 157 948 DBG 525 ----NC 120.00 $ 120.00 NC 460.00 $ 460.00 8 434.00 65.00 $ 65.00 $ 50.00 18.00 $ 18.00 $ 20.00 $ 1,780.00 $ 980,.00 3.o..o.9 760.00 95~00 65.00 90.00 360.00 150.00 210.00 Std. 150.00 NA 210.00 Northern Central Southern $ 1,780.00 $ 1,780.00 $ 1,795.00 $ 980.00 $ 980.00 $ 995.00 $ 30.00 $ 30.00 $ 30.00 $ 760.00 $ 760.00 $ 236,00 $ 95.00 $ 95.00 $ 95.00 $ 65.00 $ 65.000 $ 65.00 $ 90.00 $ 360.00 S 90.00 S 90.00 $ ¯ 360.00 $ 360.00 $ 150.00 $ 150.00 $ 70.00 $ 210.00 $ 210.00 $ 188.00 Std,Std.$ 373.00 $ 150.00 $ 150.00 $ 150,00 NA NA $ 373.00 $ 210,00 $ 210.00 $ 188.00 170.00 $ !70.00 $ 170.00 $ 170:00 198.00 $ 198.00 $ 198.00 8 270.00 20.00 $ 20.00 8 20.00 8 20.00 20.00 8 20.00 8 20.00 $ 20.00215.00 $ 215.00 $ 215.00 $ 216.00 215.00 $ 215.00 $ 215.00 $ 215.00 Bid Award Announcement (01-09-0904)43 VEHICLE: DEALER: ZONE: BASE PRICE: ¯ Order¯ Code DRS~ DRS2 177 53M HLF 478 61H DML 760A 770A 95 Crown Vic Garber Ford -k Western 919,349.00 Add Options (conEd) Crown Vic Garber Ford Northern $19,249.00 Crown Vic Garber Ford ~Central $19,349.00 Western Northern Central " 155.00 $ 155.00 79.00 $ 79.00 245.00 $ 245.00 78.00 $ 78.00 52.00 $ 52.00 300.00 $ 300.00 NA NA 70.00 $ 70.00 109.00 $ 109.00 15.00 $ 15.00 60.00 $ 60.00 60.O0 $ P 118.00 $ 118.00 245.00 $ 245.00 40.00 $ 40.00 115.oo $ 115.oo 65.00 $ "65.00 NA NA NA NA $ 450.00 $ 450.00 9 1,796.00 $ 1,796.00 1,465.00 $ Street appearance group Third key Remote keyless entry, may be dealer Installed Ralnshields Ralnshlelds, 2 door Silicone hoses Auxiliary fuse block Radio noise suppression Headlight flashers Courtesy light disabled Ignition powered trunk button, factory Installed Ignition powered trunk button, dealer Installed Rechargeable mag light Class III hitch 2" ball Keyed alike Anti-theft, Tremco Locking gas cap Natural gas engine 4.6L Extended range CNG tanks (requires 760A} Two-tone paint Federal 44" Vista Strobe/ LED/Halogen Llghtbar, Model X114H428DC-FSA Features: 8 primary stobes, 4 LED flashers rear facing, 2 LED flashers front facing, center halogen traffic clearIng light, 2 takedown lights, alleylights, PA400SS siren and light controller, MS100 speaker with bracket. Out of 6 LED flashers, 2 may be blue. Dealer installed Federal All Light Streethawk$ Lightbar, Model SHL4814 with PA400SS combined slren/PA & light controller & dynamax speaker with bracket. Dealer installed Crown Vic Duval Ford Southern 919,392.00 Southem 155.00 $ 885.00 79.00 $ 78.00 245.00 $ 347.00 78.00 $ 78.00 52.00 $ 45.00 300.00 $ 300.00 NA $ 133.00 70.00 $ 70.00 109.00 $ 91.00 15.oo S 15.oo 60.00 $ 60.00 60,00 $ 60.00 $ 40.00 118.00 $ 135.00 245.00 $ 273.00 40.00 $ 40.00 115.00 $ 129.00 65.00 $ 38.00 NA $ 4,460.00 NA $ 2,485.00 450.00 $ 450.00 1,796.00 $ 1,855.00 1,465.00 $ 1,465.00 $ 1,488.00 Bid Award-Announcement (01-09-0904)44 VEHICLE: DEALER: ZONE: BASE PRICE: ¯Order¯ Code Crown Vic Garber Ford Western 919,349.00 Crown Vic Gather Ford .Northern 919,249.00 Add Options ¯ (cont’d).Western Federal Smartn, ector Lightbar, Model SVS4801 with SS2000SM smart siren combined siren/PA & light controller with RMK and MNCT, & dynamax speaker with bracket. Dealer installed Whelen 47" Ultra Edge Strobe/$ LED/Halogen Lightbar, Model #I 112SC-FSA. Features: 12 primary strobes, 2 LED flashers front facing, 2 LED flashers rear facing, 2 takedown lights, alieylights, built-in traffic advisor mode, blink control unit with light controls and siren ampliier/ controller, SA314 speaker ~vith bracket. Out of 4 LED flashers, 2 may be blue. Dealer installed Whelen Edge Model 9806 6-Strobe Lightbar, with 295HF100 full feature siren/PA, PCC6R switch control unit, & SA314 speaker with bracket. Dealer installed Whelen Edge Model 9812 $ 12-Strobe Lightbar, with 295HFS6 combined siren/PA & light controller & SA314 speaker with bracket. Dealer installed Code Three Strobe/Halogen $ Lightbar, Model #36047A- 01-FSA. Features: 4 upper strobes, 3 fast rotators, 4 takedown lights, 2 front halogen flashers, 2 rear halogen flashers, X fire intersection strobes, hard- coat lenses, built-in traffic advisor, mastercom siren and light controller, SL100 speaker with bracket. Dealer installe $ 1,735.00 2,296.00 i’ Crown Vic Garber Ford -k Central $19,349.00 Northern ¯ $ 1,735.00 Central $ 1,735.00 Crown Vic Duval Ford Southem $19,392.00 Southern $ 1,835.00 $ 2,296.00 $ 2,296.00 $ 2,345.00 1,337.00 $ 1,337.00 $ 1,337.00 $ 1,446.00 1,735.00 $ 1,735.00 $ 1,735.00 $ 1,857.00 $ 1,876.00 $ 1876.00 $ .1,970.001,876.00 Bid Award Announcement (01-09-0904)45 VEHICLE: DEALER: ZONE: BASE PRICE: Order Code DSM Base ~xt ra Crown Vic Crow-n Vlc Garber Ford Garber Ford -k Western ~- Northern 819,349.00 819,249.00 Add Options (conEd)Western . Northern Code Three MX7391AI Lightbax, xvith 3892L6 combined slren/PA & light controller & SL100 speaker with bracket. Dealer installed Setina #10 Series Lexan Cage with sliding windo~v, full ~vidth lower extension panel. Dealer installed Pro-Gard P2100 Series Polycarbonate (Lexan} Cage with sliding window, full width lower extension panel. Dealer installed Whelen Model SPS660CCCC 8 4 Comer Strobe System with 4 clear tubes, 2 - 15’, 2 - 30’ cables & SPS600 6 outlet power supply. " Dealer installed Federal Model CS1SFSA 4 Comer Strobe System with 4 clear tubes, 2 - 16’, 2 - 30’ cables and SPS6J 6 outlet power supply. Dealer installed Complete set of shop manuals ONLY 5/75 Manufacturer’s Extended Base Care Warranty (80 deductible) See -Page 803 5/75 Manufacturer’s Extended Extra Care Warranty (80 deductible) 5/75 ManufactureFs Extended Power Train Warranty (80 deductible) 1,596.00 8 1,596.00 460,00 $ 460.00 8 385.00 8 385.oo 8 246.00 2,925:00 3,925.00 8 2,050.00 8 Crown Vic Garber Ford Central 819,349.00 Central 8 1,596.00 460.00 8 460.00 460.00 8 460.00 385.00 8 385.00 385.00 $ 385.00 246.00 8 246.00 2,925.00 8 2,925.00 3,925.00 2,050.00 3,925.00 2,050.00 Crown Vic Duval Ford Southern 819,392.00 Southern ,725.00 8 588.00 598.00 8 364.00 364.00 8 285.00 8 3,495.00 4,485.00 2,495.00 Bld Award Announcement (01-09-0904) .......46 0 0 O OI.I= LI= @@ X @@ @@ @ @@ E E 0 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 21, 2002 Date Prepared: February 28, 2002 SUBJECT/AGENDA ITEM PUD-01-01 - Alta Pines (Parcel 4.07b) First Reading of Ordinance 46, 2001: Cotleur & Hearing, agent for Wood Partners, is requesting a Planned Unit Development (PUD) approval to construct a 264 multi-family dwelling unit community with an overall density of 10.7 dwelling units per acre. The 24.68-acre site is located approximately ½ mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail. (36-41S-42E) RECOMMENDATION Staff recommends approval of Ordinance 46, 2001, with conditions. Reviewed by: Principal Planner Talal Benothm¢~l~ P City Attorney / Leonard Rubi~- Oeve ent ..v_~,,/~ Compliance Bahareh Keshavarz Submitted by: Growth Managje~ ~/~ ~, ~ Directd~, . _ Charles K. Wu, AICP Approved by:/,"~ ,~’ City Manag@~~ Ron Ferris / ,/ Originating Dept.: Growth Management: Project M an a g er TLJC,/~/,//1,-," Kara Irwi~ Advertised: Date: Paper: [X] Not Required Affected parties: [ ] Notified [X ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating IX] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [X] Rec. app. w/conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Table 1 ¯ Table 2 ¯ Ordinance 46, 2001 ¯ Site Plans ¯ Landscape Plans ¯ Elevations [ ] None City Council Meeting Date: March 21,2002 Date Prepared: February 28, 2002 Petition PUD-01-01 BACKGROUND The subject site is a vacant parcel of unimproved land that had been used for agricultural purposes. To the north of the site is Dwyer High School, with a zoning of Public/Institutional (P/I). To the south is DiVosta parcel 4.07a, with a zoning designation of Planned development Area (PDA) and a future land use designation of Residential High (RH); west of the site is approved Benjamin High School site, with a zoning of Public/Institutional (P/I); east of the subject site is the proposed Evergrene Planned Community Development (PCD). The subject site is separated from DiVosta Parcel 4.07a by an east-west right-of-way connecting Military Trail to Central Boulevard that is part of the City’s Conceptual Thoroughfare Plan (Map O) identified in the City’s Comprehensive Plan. The development will be accessed from the thoroughfare roadway, which shall be constructed prior to the issuance of the first Certificate of Occupancy. The east-west roadway shall intersect with Military Trail at the proposed entrance to the Evergrene PCD. DiVosta & Company owns the property, which is under contract to sell the subject site to the applicant, who is proposing to develop the site as a PUD with an underlying zoning of residential high containing 264 multi-family units. The applicant proposes a total of ten (10) two-story and three-story apartment buildings and shall include one, two and three bedrooms with a garage option. As an amenity to the development, a central recreation facility will include a community swimming pool, a cabana building with a covered seating pavilion and beverage counter, volleyball court, and a putting green. LAND USE & ZONING The subject site is currently zoned Planned Development Area (PDA), has a future land-use designation of Residential High (RH), and is designated as Recreation Open Space (ROS) the Vision Plan. The applicant wishes to rezone the site to Residential - High Density (RH), with a Planned Unit Development Overlay District (PUD). The proposed development consistent with the future land use designation, as identified in the City’s Comprehensive Plan. CONCURRENCY The proposed project received conditional concurrency certification on October 3, 2001, that included concurrency for traffic, solid waste, sewer and water. The traffic concurrency is contingent upon several conditions that will be incorporated into the approving ordinance. The applicant has not received drainage concurrency. The property is proposed to drain through the adjacent parcel to the south (4.07a), but the adjacent parcel has not developed site plan so that a drainage easement may be created. DiVosta currently owns both parcels and the sale of the land to the applicant will commence upon Development Order approval. Staff has recommended a condition of approval to the Development Order that the applicant provides all the necessary instruments, information and legal documentation to satisfy the Legal 2 City Council Meeting Date: March 21,2002 Date Prepared: February 28, 2002 Petition PUD-01-01 Positive Outfall requirements of the City within 45 days of the effective date of the approving Ordinance and prior to the issuance of the first building permit. PROJECT DETAILS Buildinq Site The entire site has been used as a cattle pasture area without any improvements. Cattle trails are present as well as overgrown vehicular paths. The applicant has 22.11 acres of upland habitat composed of woodland pasture and unimproved pasture. Section 78-250, of the City Code requires a 25% upland preservation set aside. The applicant is proposing to set aside 5.53 acres of the total site for the 25% upland preservation on-site and 1.35 acres for wetland preservation. The applicant has provided for off-site mitigation for the remaining wetlands present on the site. Site Access Access to the site is available from the proposed east-west thoroughfare, which is contiguous with the southern boundary of the development. DiVosta is proposing to grant the City a roadway easement for the 80’ thoroughfare right-of-way and a drainage easement related to the roadway improvements. DiVosta proposes to build the roadway and subsequently dedicate the roadway to the City. S(clnacle The applicant is proposing one entry sign to be located in the median of the entranceway. The six-foot high by ten foot wide (6’ H X 10’ W) ground sign will have a stucco finish to match the building architecture. The code allows a maximum of one sign face for a residential development entry feature; therefore, the applicant must request a waiver to allow for two sign faces. The sign will be illuminated by a ground-mounted fixture on a photocell, per the requirements of the Land Development Regulations (LDR). In addition to the entry sign, the applicant is proposing three directional signs. The directory signs consist of 13.5 square feet each and are located at the entry points to the apartment units. Landscaping/Bufferinq The applicant is proposing landscape buffers in excess of what is required by the Land Development Regulations. The buffers adjacent to Military Trail (eastern boundary) and Central Boulevard (western boundary) are 100 feet in width and incorporate landscape buffers and preserve areas. The northern and southern property boundary buffers are a minimum of 50 feet in width and incorporate landscape buffers and preserve areas. Phasing The proposed project will be built in one phase. City Council Meeting Date: March 21,2002 Date Prepared: February 28, 2002 Petition PUD-01-01 Drainaqe The subject site lies within Unit 2 of Northern Palm Beach County Improvement District (NPBCID). Surface water management design for the site will conform to the discharge criteria of NPBCID and the requirements of the South Florida Water Management District (SFWMD). Site stormwater runoff will be collected by a series of drainage inlets located throughout the site and discharged to a proposed 1.5-acre lake. The allowable outfall volumes will discharge via a control structure and discharge pipe to a drainage ditch running through the DiVosta parcel (4.07a) to the south with eventual discharge to NPBCID Canal E.P.B. 3-B. A condition approval requires the applicant to provide a recorded agreement allowing for discharge stormwater to pass through the DiVosta parcel (4.07a) within 45 days from the effective date the development order. This will be incorporated into the DiVosta site plan and plat for parcel 4.07a. Waivers Code Section Section 78-250(a)(3)(a) Minimum Dimension and Total Area of Preservation Areas Section 78-285 Signs for Residential Development Required Provided Waiver Recommendation Minimum 100’Minimum 52’48’Support (1)width width 2 1Maximum one (1) sign face Support (2) The applicant’s justification is adequate for the Planning & Zoning staff to analyze and support the requested waivers. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. The applicant has requested a waiver from the Minimum Dimension of Preservation Areas to allow a minimum 52’ preservation area width. The City Forester supports the waiver since the applicant is proposing a continuous buffer as opposed to separate pockets of preserve. The applicant is preserving the total requirement on site as a continuous buffer around the entire parcel. The City Code does not allow for a double-faced sign, which the applicant is proposing at the proposed entryway. The proposed signage provides notice to westbound traffic, as well as eastbound, of the projects entryway. The applicant has provided additional active and passive recreational amenities and landscaping to justify the additional sign face. PLANNING & ZONING COMMISSION On November 27, 2001, the Planning & Zoning Commission recommended approval of staff’s conditions and the applicant’s waiver requests. 4 City Council Meeting Date: March 21,2002 Date Prepared: February 28, 2002 Petition PUD-01-01 CITY COUNCIL WORKSHOP On December 20, 2001, the City Council was scheduled to hear first reading of Ordinance 46, 2001, for approval of the Alta Pines Planned Unit Development (PUD). The City Council expressed concerns regarding the proposed density and the Council made a suggestion that the applicant place additional parking at the clubhouse area and add a jogging trail around the lake feature. The City Council did not make a motion to move the project forward. Density The Forbearance Agreement limits Parcels 4.05 and 4.07 to three (3) dwelling units per acre. DiVosta owns both parcels and when Parcel 4.05 (The Isles) was developed, the density was lowered with the understanding that the units would be transferred to Parcel 4.07. This was determined by the interpretation of the Forbearance Agreement, which had both parcels lumped together under one density limitation. The gross density of the parcels, including 4.05, 4.07a and 4.07b, is 2.8 dwelling units per acre, which meets the requirements of the Forbearance Agreement. Additions to the Site Plan Per City Council comments, the applicant has added additional amenities to the site. The applicant has provided a tot lot to the southeastern corner of the site to provide an active play area as well as provided a mulch path into the preserve area as a passive park area on the site. The applicant has also modified the site plan to add a pedestrian walkway and a seating area to provide better connectivity between buildings 1 and 2. In addition, the applicant has added a stabilized mulch path around the 1.57-acre lake on the site as a walking or jogging trail. Finally, the applicant has added five (5) additional parking spaces between the main club area and the tot lot. Sidewalks Per City Council comments, the applicant has modified the linkage roadway plans to provide for a curvilinear/meandering sidewalk on the northern edge of the property along the right-of-way. The proposed sidewalk is five (5) feet in width and is consistent with the parkway theme established along Central Boulevard and Military Trail. Staff Recommendation Staff recommends approval of Petition PUD-01-01 (Alta Pines) with conditions. City Council Meeting Date: March 21,2002 Date Prepared: February 28, 2002 Petition PUD-01-01 ......... ~ ...... ......EXISTING ZONING AND LAND USE DESIGNATIpNS "~" ’ EXISTING USE ZONING LAND USE Subiect Property Vacant/Undeveloped North Dwyer High School South Vacant/Undeveloped Parcel 4.07a West Vacant/Undeveloped Beniamin High School East Vacant/Undeveloped Evergrene Planned Community Development (PCD) Planned Development Area (PDA) Public/Institutional (P/I) Planned Development Area /PDA) Public/Institutional (P/I) Residential - High Density (RH) Public (P) Residential- High Density (RH) Residential - Low Density (RL) Planned Development Area (PDA) Residential - Medium Density (RM) Code Requirement Site = Residential- High Density (RH) Maximum Residential Density (RH): 12 d.u./acre Minimum PUD development size: None Unified Control: One property owner Community Serving Open Space: Minimum of 20% Upland Native Plant Community Preservation: Minimum of 25% identified Propose~l Plan Residential- High Density (RH) 10.70 d.u./acre 24.68 acres One property owner 29.78% 25% (5.35 acres) Consistent? Yes Yes Yes Yes Yes Yes 6 Meeting Date: March 21, 2001 Date Prepared: February 28, 2002 ORDINANCE 46, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FOR A REZONING OF APPROXIMATELY 24.68 ACRE PARCEL OF LAND FROM PLANNED DEVELOPMENT AREA (PDA) TO RESIDENTIAL HIGH (RH) WITH A PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT (PUD), TO BE KNOWN AS "ALTA PINES," BY APPROVING THE CONSTRUCTION OF 264 MULTI-FAMILY UNITS AND ACCESSORY USES, LOCATED APPROXIMATELY 1/= MILE NORTH OF THE INTERSECTION OF MILITARY TRAIL AND HOOD ROAD, ON THE WEST SIDE OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-01-01) from WP South Development Company, L.L.C. dba Wood Partners, as agent for DiVosta & Company, for approval of a planned unit development (PUD) with 264 multi-family units, a 3,236 square-foot leasing center, a 1,408 square-foot cabana with swimming pool, and five six-car garage buildings on the 24.68-acre site located approximately ½ mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the subject parcel is presently zoned as Planned Development Area (PDA) with a land use designation of Residential High (RH); and WHEREAS, the City’s Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and the Land Development Regulations; and WHEREAS, on November 27, 2001, the City’s Planning and Zoning Commission recommended approval of the subject petition with conditions. 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 re-zoning of an approximately 24.68 acre parcel of land from Planned Development Area (PDA) to Residential High (RH) with a Planned Unit Development Overlay Zoning District (PUD), known as "Alta Pines", and allowing construction of 264 multi-family units and accessory structures, located approximately ½ mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described in Exhibit "A" attached hereto. Ordinance 46, 2001 Meeting Date: March 21,2002 Date Prepared: February 28, 2002 SECTION 2. The following waivers are hereby granted with this approval: 1.Section 78-250(a)(3)(a), Minimum Dimension and Total Area of Preservation Areas, allow for a minimum 52-foot width. The Land Development Regulations require a minimum of 100 feet in width. 2.Section 78-289(2), Residential Identification Sign, to allow for a fourteen (14) square-foot building identification sign. The Land Development Regulations allow a maximum of four square feet in area. 3.Section 78-285, Permitted Signs for Residential Development, to allow an entry sign with two sign faces. The Land Development Regulations allow a maximum of one (1) sign face per development. SECTION 3. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors and/or assigns: Surface Water Manaqement 1.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 governments and/or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) 2.Prior to issuance of the first building permit, the applicant shall provide a letter of authorization from the appropriate utility owners allowing the applicant to pave, landscape and place stormwater management features within their respective utility easements. (City Engineer) 3.The applicant shall provide all of the necessary instruments, information and legal documentation to satisfy the Legal Positive Outfall requirement of the City of Palm Beach Gardens within 45 days of the effective date of this Development Order and prior to the issuance of the first building permit for this project. Plattinq 4.The applicant shall indicate on the plat of this project pedestrian access easements for the proposed sidewalks along Central Boulevard and Military Trail. The plat shall be submitted, reviewed, approved and recorded in the public records of Palm Beach County prior to the issuance of the first building permit for this project. (City Engineer) 5.The plats for parcels 4.07b and the east-west thoroughfare, including the dedications for the drainage easements and roadway easements, shall be submitted and approved by the City, and placed in the official record books of Palm Beach County prior to the issuance of the first building permit. (City Engineer) Ordinance 46, 2001 Meeting Date: March 21,2002 Date Prepared: February 28, 2002 Landscaping and Maintenance 6.Prior to issuance of the first building permit, the applicant shall submit for review by the Growth Management Department a supplemental planting plan for any areas within the preserve buffers that require additional landscaping where voids in groundcover and shrubs occur in order to screen the first 6’ - 8’ of all structures within the project to the satisfaction of the City Forester. (City Forester) 7.Prior to the issuance of the final Certificate of Occupancy, the applicant shall remove all exotics from the upland preserve areas. (City Forester) 8.The applicant, successors, or assigns shall be responsible for the landscape installation, maintenance, and replacement of the roadway shoulders and medians, including irrigation, of those sections of public rights-of-way adjacent to the Alta Pine Planned Unit Development (PUD). With respect to the medians, the applicant, successors, or assigns shall be responsible until such time as future development adjacent/contiguous to said rights-of-way, where applicable, are platted. At such time future development shall provide a pro-rata share in the cost of the maintenance. The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the property, as described in "Exhibit A" within six (6) months of this approval, or no further permits or inspections will be issued for the project site, until said landscaping and irrigation are completed. The sections of public rights-of-ways adjacent to the Alta Pines PUD for which the applicant, successors, or assigns shall be responsible are as follows: a. Central Boulevard from the northern PUD terminus south to the East-West Road, as permitted by Palm Beach County. b. Military Trail from the northern PUD terminus south to the East-West Road, as permitted by Palm Beach County. c. East-West Road from Military Trail to Central Boulevard, including medians, if applicable, in the future. (City Forester) 9.The median and road shoulder landscaping and irrigation plans shall be submitted to the Growth Management Department for review and approval. (City Forester) Transportation / Traffic Concurrency 10.No more than 1,423 new external daily trips may be permitted and no more than 203 residential units may be issued Certificates of Occupancy until the contract has been let for the four (4) laning of Hood Road from Military Trail to Alternate A1A. (City Engineer) 11.No more than 1,806 new external daily trips may be permitted and no more than 258 residential units may be issued Certificates of Occupancy until the contract has been let for six (6) laning of Alternate A1A from Hood Road to PGA Boulevard. (City Engineer) 12.No more than 1,806 new external daily trips may be permitted and no more than 258 residential units may be issued Certificates of Occupancy until the contract has been let for the 1-95 / Alternate A1A Flyover and interchange. (City Engineer) 13.No more than 1-,806 new external daily trips may be permitted and no more than 258 residential units may be issued Certificates of Occupancy until the contract has been let 3 Ordinance 46, 2001 Meeting Date: March 21,2002 Date Prepared: February 28, 2002 for reconfiguration of the Victoria Gardens Drive / PGA Boulevard intersection to provide three (3) northbound left-turn lanes and one (1) northbound right-turn lane. Should FDOT not approve this change in lane configuration, then one (1) additional left turn lane should be provided at this location. (City Engineer) 14.Prior to the issuance of the first Certificate of Occupancy, the applicant shall install an exclusive northbound left-turn lane is required along Military Trail at the intersection with the East-West thoroughfare. (City Engineer) 15.Prior to the issuance of the first Certificate of Occupancy, the applicant shall install a right-turn and left-turn ingress as required along the East-West thoroughfare at the project access driveway. (City Engineer) 16.Prior to issuance of the final Certificate of Occupancy, the applicant, successors, or assigns shall conduct PM peak hour turning movement counts, beginning at the issuance of the 50th certificate of occupancy and every six moths thereafter, during the peak season at the intersection of Hood Road and Military Trail. At such time as the southbound left turn volume exceeds 300 vehicles per .hour, an additional left-turn lane (dual left-turn lanes) shall be provided at this location by the applicant, successor, assigns prior to issuance of the final Certificate of Occupancy. (City Engineer) 17.Prior to issuance of the final Certificate of Occupancy, the applicant, successors, or assigns shall conduct signal warrant studies of the Hood Road and Alternate A1A intersection beginning at the issuance of the 50th certificate of occupancy and every six months thereafter until the issuance of the final Certificate of Occupancy. Should the warrant indicate a need for a signal, the applicant, successor, or assigns shall be required to provide a pro-rata share of installation costs as determined by the City Engineer. (City Engineer) 18.Prior to the issuance of the first Certificate of Occupancy the East-West thoroughfare must be completed (including landscaping) and accepted by the City. (City Engineer) 19.The build-out date for the subject site is December 31, 2003. SECTION 4. The proposed Planned Unit Development (PUD) shall be in compliance with the following plans on file with the City’s Growth Management Department: 1.January 15, 2002 Cover Sheet by Cotleur & Hearing, Sheet 1. 2.January 15, 2002 Master Plan by Cotleur & Hearing, Sheet MI. 3.January 15, 2002 Site Plan by Cotleur & Hearing, Sheets S-lthrough S-5. 4.January 15, 2002 Landscape Plan by Cotleur & Hearing, Sheets L1-7. 5.May 22, 2001 Landscape Plan (Roadway Shoulders) by Cotleur Hearing, Sheet 1 of 6.September 17, 2001 Photometrics by Tseng Consulting, Sheets ES-1 through ES-3. 7.September 28, 2001 Unit Floor Plans by Tseng Consulting, Sheets A-A1, A-B1, A-B2, A- B2-1G, A-C2, A-C2P, and A-El. 8.September 28, 2001 Building I Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T1.1 through A-T1.3. 9.September 28, 2001 Building II Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T2.1 through A-T2.3. 10.September 28, 2001 Building III Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T3.1 through A-T3.3. 4 Ordinance 46, 2001 Meeting Date: March 21,2002 Date Prepared: February 28, 2002 11.September 28, 2001 Building IV Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T4.1 through A-T4.3. 12.September 28, 2001 Building V Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A-T5.1 through A-T5.3. 13.March 30, 2001 Leasing Office by Tseng Consulting, Sheets AM-1 through AM-3. 14.March 30, 2001 Pool Cabana by Tseng Consulting, Sheets AM-11 through AM-12. 15.January 2, 2001 Maintenance Building by Tseng Consulting, Sheet AM-21. 16.January 2, 2001 Garage Building by Tseng Consulting, Sheet AM-31. 17.January 2, 2001 Mail Kiosk by Tseng Consulting, Sheet AM-41. 18.January 2, 2001 Compactor Enclosure Plans by Tseng Consulting, Sheet AM-51. 19.January 2, 2001 Signage by Tseng Consulting, Sheet AM-61. SECTION 5. 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 6. All resolutions, ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. SIGNED: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER 5 Ordinance 46, 2001 Meeting Date: March 21,2002 Date Prepared: February 28, 2002 ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AYE NAY ABSENT Ordinance 46, 2001 Meeting Date: March 21,2002 Date Prepared: February 28, 2002 EXHIBIT "A" BEING A PARCEL OF LAND LYING IN THE SOUTHWEST ONE-OUARTER OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLOR]DA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF SA:iD SECTION 25; THENCE NORTH 01°22’09’’ EAST, ALONG THE EAST LINE OF SAiD SOUTHWEST ONE-QUARTER, A DISTANCE OF 1,320.98 FEET; THENCE NORTH 88°57’51" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON TI4E WEST RIGHT OF WAY LINE OF MILITARY TRAIL AND THE POINT OF BEG:[NN:[NG OF THE HEREIN DESCRIBED~, PARCEL; THENCE NORTH 88°40’06’’ WEST, A DISTANCE OF 100.00 FEET, TO THE POINT OF: CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 260.00 FEET ; THENOE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37°26’35"; A DISTANCE OF .169.91 FEET, TO A POINT OF TANGENCY; THENCE NORTH 51°11’16" WEST, A DISTANCE OF 10,1.85 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 640,00 FEET ; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38°00’40’’, A DISTANCE OF 424.59 FEET, TO A POINT OFi TANGENCY; THENCE NORTH 89°t1’56" WEST, A DISTANCE OF 810.71 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF CENTRAL BOULEVARD, AS CONVEYED IN OFFICIAL RECORDS BOOK 5207, PAGE 551 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE NORTH 00°48’04’’ EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 640.77 FEET TO A POINI- ON THE SOUTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5889, PAGE 534 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE SOUTH 88°57’17 ’’ EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 1,515.78 FEET TO A PO]NI; THENCE SOUTH 43°57’54" EAST, A DISTANCE OF 56.56 FEET TO A POINT ON SAtD WEST RIGHT OF WAY LINE OF M]L]TARY TRAIL; THENCE SOUTH 0l°22’09: WEST ALONG SAID WEST RIGHT OF WAY LINE, A D]STANCE OF 841.59 FEET TO THE POINT OF BEGINNING. 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PINES WOOD PARTNERS, ~ ~110 NO~CH~E P~AY,SUrE 150 ~&GEORGIA I TSENG CONSULTING GROUP, INC. I||’~-:|!| / S 01"22’09" W 863,71’ WOOD PARTNERS, LLC ~1{o NOR~CH~E P~AY, SU~ 150 ALTA PINES WOOD PARTNERS, LLC T ?~ : NOOD P.~RTNNRS, LLC CONSULTING OROUP, ~-ooo~. ~-oo~. ~-ooo~9~I ALTA PINES WOOD P~RTNERS LLC 1110 NORTHCHA~E PARKWAY.surI’E 150 MARIEI"rA.GEORGIA I TSENG CONSULTING GROUP, INC. 21 N.E. l~0th ~RE~. ~I, FLORIDAI~L: (~0~) 9~5-44~4 F~: (30~) 945--i6i3 i ~ ~ ~ ~ALTA PINES I TSENG CONSULTING GROUP, INC. I 21 N.E. 166th STREW, ~I, FLORIDA 33162 I ~-ooo~,~.,~-~o,~. PALk{ BEACH GARDENS FLOI~/DA WOOD PARTNERS.LLC I110 NORTHCHA~B PARKWAY,SUITE 150 MARIETTA.GEORGIA I TSENG CONSULTING GROUP INC I TEL: (305) 945--4474 F.~X: (305) 945-1613 I ,~-ooo~i~6. ~-0oo~5~. ~-ooo~o~ I ALTA PINES PALM BEACH GARDENS FLOPdDA WOOD PARTNERS,LLC 1110 NORTHCH.~SE PARKWAY.SUITE 150 MARIETTA,GEORGIA ITSENG CONSULTING GROUP, INC. ARCHITECTURE- ENGinEERING ¯ pLANNING :~1 N.E. 166th STREET, MIAMI, FLORIDA 33163 TEL:(305) 945-4474 FAX: (305) 945-1613 AA-0003166 ¯ EB-0006522 ¯ ~B-0001096 ALTA PINES pALM BEACH GARDENS FLORIDA WOOD PARTNERS,LLC 1110 NORTHCHA~E PARKWAY,SUITE 150 I TSENG CONSULTING GROUP, INC. I ,Rc,rr~c~ ¯ ~,~B,~G ¯ ~G ~. ~Z . ~.,,l’~;~;’llI | TEL: (305) 945-~74 F~: (~o~) 9~-~e~-"-’-’- I ~-ooo~,~. ~-oo.,~..=ooo, o,~I~ "l’l,~l, ¯~ WOOD PARTNERS LLC Ill0 NORTHCHASE P~hRKWAY. SUITE TSENG CONSULTING GROUP, INC.ARCH|TECTUP, E ¯ E~GI~EERmG ¯ PIANNI~G II ALTA PINES PALM BEACH GARDENS FLORIDA WOOD PARTNERS,LLC IIi0 NORTHCH~SE PARKWAY,SUITE 150 ITSENG CONSULTING GROUP, TEL: (305) 945-4474" F~: (305) 945-1613~-ooo~,~. ~-~o~ ¯ ~-ooo,o~ J= ~ ~ ~ o~_s ALTA PINES ~I WOOD PARTNERS, L~ I TSENG CONSULTING GROUP, INC.l,,~al!41 I~L: (305) g45-44?4 F~: (305) 945-1613 r~z~ ~, _oo-.-oo-.--I~,,@11 ¯ ~ I~l I WOOD PARTNERS, LLC ITSENG CONSULTING GROUP, INC. 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I ALTA PINESpALM BEACH GARDENS FLORIDA -WOOD PARTNERS,LLC "I110 NORTHCHASE PARKWAY,sUITE 150 MAR~2FrA,GEORGIA ® IIMI~I~ 21 N.E. 166th STREW, MIAMI, FmRIDA 33162 I TEL: (305) 945=~74 F~: (305) 945-1613 I-- ALTA PINES- p~LM BEACH GARDENS FLORIDA WOOD PARTNERS,LLC GEORGIA TSENG CONSULTING GROUP, ]NC.I,|. CH G ~" ~I NE 166th STREET MIAMI FLORIDA 3316~ TEL: (305) 9~-~V4 F~: (305) 945-1613 ALTA PINES PALM BEACH GARDENS FLORIDA WOOD PARTNERS,LLC 1110 NORTHCHASE PARKWAY,SUIT~ 150 TSENG CONSULTING GROUP INC. mc.rr~c’r.~. ENGINEERING- pL/~NING TEL: (305) 945~4474 F~: (305) 945-1613 I- " -WOOD PARTNERS, LLC ITSENG CONSULTING GROUP, ARCHrrEcTFJRE - ENGINEEmNG ¯ PLANNING I ~L: (305) 945-4474 F~K: (305) 945-1613 000 0 0 ) ALTA PINES PALM BRACH GARDBNS ~LORIDA WOOD PARTNERS,LLC iiio NORTHCI~E PARKWAY,SUITE 150 TSENG CONSULTING GROUP INC.¯ ac~r~cTu~- ~G,~o- ~ TEL: (a05) 945-4474 F~: (305) 945-1613 m r F~ I i TSENG CONSULTING GROUP, INC. ~ TZL: (~o~)9~-.v, z~: (sos)~-,~,~ I ALTA PINES PALM BEACH GARDENS FLORIDA WOOD PARTNERS,LLC ITSENG CONSULTING GROUP, INC. -4 Z ~’I pALM BEACII Gt.RD~IS FLORIDA III0 NORTIICHI~E P.~K~AY,SUITE 150 I MARIETTA.GEORGIA ITSENG CONSULTING GROUP, INC.II[|~[~!I,~¢~E. ENG~EER"G ¯ ~"~"G b~.i~i’W // ¯ rE,.: (305) ~,~5-~m ~ ~o~) ~-~m Ig~,|~ II ’ -WOOD PARTNERS, LLC ~4~1110 NORTHCHASE P~KNAY. SUITE ITSENG CONSULTING GROUP, INC. li|.~i~:D~lI~tVm’! I TEL: (305) g45-4474 FAX: (305) 945-1613 |."’~’~ | ALTA PINES PALM BEACH GARDENS FLORIDA WOOD PARTNERS,LLC III0 NoRTHCH~E PARKWAY.SUITE 150 MARIEI"rA,GEORGIA ~ N.E. ~SSth STREET, ~.AM[, FLORIDA TEL: (305) 945--44"74 FAX: (305) 945-1613¯,-ooo3,oo. BE-OOOO,~. ~-ooo,o,o ALTA PINES PAL~ BEACH GARDENS FLORIDA WOOD PARTNERS,LLC 1110 NO~HCH~E PARLAY,SUITE 150 M~I~&GEORGIA ] TSENG CONSULTING GROUP, INC. ~,[.~.~] I I ~-,oo~,,,.,-oo,,~,.,-ooo,o,,I~’’’’~’~1’ CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 SUBJECT/AGENDA ITEM PCD-01-02 - MIRASOL.PCD AMENDMENT First Reading for Ordinance 14, 2002- Anne Booth of Urban Design Studio, agent for Taylor- Woodrow Communities, Inc., is requesting approval for amendments to the Mirasol Planned Community District (PCD), to allow for changes to certain conditions of approval at the request of the City of Palm Beach Gardens, including a timing extension for not constructing the City Park until the 2003 fiscal year, and to amend the Master Plan to accommodate a minor lake reconfiguration. The Mirasol PCD is bounded by PGA Boulevard to the south, Ronald Reagan Turnpike to the east, Hood Road to the north and the C-17 Canal to the west. (33-34-41S-42E; 3-4-42S-42E) RECOMMENDATION Staff recommends approval of Ordinance 14, 2002. Reviewed by: Principal Planner ~’~:~ Talal Benothm/~~ City Attorney ~ Finance NA Human Res. NA Submitted by: Growth ~ Manag~m~,~ D irectd~ .NLL~_J[V3 Charles K. Wu, AICP Ronald M. F,F,F~rris// Originating Dept.: Growth Management: Project ~’~) Manage~ I-~ j Edward To’~, AICP Advertised: Not Required Affected parties: [ ] Notified [ X ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [X] Other NA Budget Acct.#: NA P&Z Commission Action: [ ] Approved [ ] App. w! conditions [ ] Denied [ ] Rec. approval [X ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to:__ Attachments: ¯ Ordinance 14, 2002 ¯ Mirasol PCD Master Plan ¯ Map- New re- configuration: Parcel 20 Lake City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 PCD-01-02 BACKGROUND The Mirasol PCD (f.k.a Golf Digest) was initially approved by Ordinance 21, 1998, and was subsequently amended by Ordinance 8, 2000 and Ordinance 18, 2001. The proposed PCD amendment is in response to a request by the City to amend a condition language requiring the completion of the 15.acre City Park prior to the issuance of the 500th residential certificate of occupancy, specifically conditions 28 and 63 of the development order for the Mirasol PCD. PROJECT DETAILS Due to budgetary concerns, the City has requested that this requirement be amended to the 800th residential certificate of occupancy, to allow for additional time to budget for a completed park, while permitting the developer the ability to acquire additional certificates of occupancy. The primary budget concern is that there has been no funds budgeted for staffing and maintenance of the completed park for fiscal year 2002, which ends on September 30, 2002. The City anticipates that the fiscal year 2003 budget shall include funding for the staffing and maintenance of the Mirasol City Park. Therefore, completion of the park after this date is acceptable to the City. The developer does not anticipate requesting more than 800 residential certificates of occupancy before September 30, 2002; therefore, the proposed amended language should not unfairly impede development schedule of the developer. Condition 28 of Ordinance 18, 2001, is proposed to be amended as follows: "The applicant shall be responsible for park and recreation impact fees in the following manner:" ao "The applicant and/or its successors or assigns shall construct a 15-acre park (on the parcel illustrated on the master plan), subject to City design standards, and shall dedicate said improved park to the City prior to issuance of the 500t" 800th residential certificate of occupancy..." In addition to the above amendment, the City has required the applicant to amend the PCD Master Plan to indicate a lake enlargement that was approved administratively on 2 City Council Meeting Date: March 21, 2002 Date Prepared: March 1, 2002 PCD-01-02 September 20, 2001. This previous administrative approval contained the following requirement: "Within three (3) months of this approval, the applicant shall submit application to revise the Mirasol PCD Master Plan to reflect the lake reconfiguration as shown on the Mirasol Parcel 20 Site Plan dated July 12, 2001." The applicant has made this required amendment to the PCD Master Plan. As part of the review of the most recent PCD amendment, the Police Department recommended that additional language be added to any future amendment to the PCD to extend Crime Prevention Through Environmental Design (CPTED) measures from "development parcels" only to areas throughout the PCD. Lighting and visibility concerns within the Mirasol "Parkway System" also prompted concern about the limitation of the existing language. Therefore, the applicant proposes the following amendments to the existing language: Condition 63: "Crime Prevention through Environmental Design (CPTED) principles established through cooperation with the City’s Crime Prevention Division shall be utilized during the site planning of the development parcels and the PCD." STAFF RECOMMENDATION The City has requested that the applicant make the proposed amendments to allow for adequate budgeting for staffing and maintenance of the City Park. Staff also recommended the additional amendments to the CPTED language and the lake re- configuration previously. Therefore, staff recommends approval of the proposed amendments. PLANNING AND ZONING COMMISSION At its February 12, 2002 meeting, the Planning and Zoning Commission held a public hearing on this application and unanimously recommended approval to the City Council. G:ed/2002/pcd0102st Last Revised: March 4, 2002 March 7, 2002 ORDINANCE 14, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO THE MIRASOL PLANNED COMMUNITY DISTRICT (FORMERLY KNOWN AS GOLF DIGEST) BY AMENDING CONDITIONS OF APPROVAL RELATING TO PARK IMPROVEMENTS AND CPTED PRINCIPLES AND RECONFIGURING A LAKE PARCEL AT THE SITE, LOCATED BETWEEN PGA BOULEVARD AND HOOD ROAD, AND FLORIDA’S TURNPIKE AND THE C-18 CANAL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING ORDINANCE 18, 2001; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 21, 1998, providing for development of a 2,304.79 acre Planned .Community District (PCD), as subsequently amended by Ordinance 8, 2000, and Ordinance 18, 2001; and WHEREAS, the City of Palm Beach Gardens received an application (PCD-01-02) from Taylor-Woodrow Communities Inc., for approval of amendments to conditions of approval of the "Mirasol PCD," which is located between PGA Boulevard and Hood Road, and the Florida’s Turnpike and the C-18 Canal; and WHEREAS, the 2,304.79 acre "Mirasol PCD" site is currently zoned Planned Community District (PCD) with a future land use designation of Residential Low (RL); WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and has determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on February 12, 2002, the City’s Planning and Zoning Commission reviewed said application and recommended approval with 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 amendments to conditions of approval placed on the "Mirasol PCD" site and subsequent amendments thereto. The subject site is located between PGA Boulevard Ordinance 14, 2002 Date Revised: March 4, 2002 and Hood Road, and the Florida’s Turnpike and the C-18 Canal, as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. The City Council hereby amends Ordinance 18, 2001, by modifying conditions of approval Numbers 28 and 63 to read as follows: Condition 28: "The applicant shall be responsible for park and recreation impact fees in the following manner:" ao "The applicant and/or its successors or assigns shall construct a 15- acre park (on the parcel illustrated on the master plan), subject City design standards, and shall dedicate said improved park to the City prior to issuance of the 500t" 800th residential Certificate of Occupancy." Condition 63: "Crime Prevention through Environmental Design (CPTED)principles established through cooperation with the City’s Crime Prevention Division shall be utilized during the site planning of the development parcels and the PCD." SECTION 3. The City Council amends Ordinance 18, 2001, by modifying the PCD Master Plan to reflect a lake reconfiguration, as shown in the amended PCD Master Plan included as an exhibit hereto. SECTION 4. Construction of the Planned Community District shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)December 14, 2001 PCD Master Plan, Urban Design Studios, 1 Sheet. (2)December 14, 2001 Development Phasing Plan, Urban Design Studios, 1 Sheet. (3)December 14, 2001 Common Area Phasing Plan, Urban Design Studios, 1 Sheet. (4)December 14, 2001 Sidewalk Location Plan, Urban Design Studios, 1 Sheet. SECTION 5. 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 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 7. This Ordinance shall be effective upon adoption. 2 Ordinance 14, 2002 Date Revised: March 4, 2002 PLACED ON FIRST READING THIS DAY OF 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR VICE MAYOR COUNCILMAN COUNCILWOMAN COUNCILMAN ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK CITY ATTORNEY VOTE: MAYOR VICE MAYOR COU NCI LWOMAN COUNCILMAN COUNCILMAN AYE NAY ABSENT 3 Ordinance 14, 2002 Date Revised: March 4, 2002 EXHIBIT A (next page attached) g/ed/2OO2:pcd0102ord 4 LEGAL DESCRIPTION: A ;.~rc~{ cf [::~r.: !,-’--’~,"...... i~,. =~’~=,",s ~Z, so :~ ,~.,:, ...~,,_...: ...... =~--. ’-i E:-uth, .......... ~.r,,., oi ~he*~=rth~t r 0~’57"5Z’" Wo~*,. ..... ¢ ~st~nc~ of Z9=.2~ fe~[; The~c~ South CJ’Z~’=’’~ w~s~," c d~sLon:~ of ~i~.I~ fe~t" Th~n:: S~uth 24’21"4Q" W~st, ~. -:is~:. ...... ~f .-.~’~.77 dist:nc~ ~f 2,~25.1C ~:o~’,..., L~n:.. ~.-~..,, 01"30’5 T:nm{nus :f th~ h~r~[n d:scrib:d iin:.\ Tooe[her ~i~h the ±~:n ~bro- ~u~r~--~ richt of "~u7 of u.~, " C~,;,~i~ion_ qi S~pt_z=-/~,L~r ~,I~i1 ond Apri! 20, 1927 ~n~ i~,, R;~t,,., of wev. noo~__._ riaht of ~:y line of H::~ R~:~ ~ ~:~::,o:. in Minute: =i ~n~ County ........C’~’,’~i~i~---~f-"ST~*~’:~°’,~,~., ~,q ’~!i,. and kprii ZO, igZ7 :nO in RT~ht of ~cv. Oeeds recorded in Offic{~l Records ~2, p=ge JO& an~ Off~=~:l Rs=:r~s ~ok 5570, p~ge 11’~’ LE~S k~ ~C~TI~ THEREFROM the right ~nd th~: ::ri~{n.p~r=:~s o( t~nd ot pore .... 1095 ~n~ Offic~ol Re::rd~ 5:ok ~-nc., st pegs ~6, public records ~( Palm Beo:h County, Florida. AND ,--.-..E~’T ] tt~ ..........." ......... ",,, ,’,:u;~ C;’,-~ ,o.~ ..¯ .....-,, in P,,,--’ ,al , - -. PET..= 7~:’ ....., thenc_~ ,~l,~:th "’":" ’ ....,r:’n the ,~OINT 07 ’’*,.’,-,,nOrr..|fe.*~ ~c c .~e:n-’ on : curve cmr, cz’¢e wester[ r,-. rodiol.t’-o pc.zzin= ’" ’ so:.~’ ooi t ~.~-::: :No " ~,2 20 " ’Y ’" ’,- . .,r~ .!O" ’,.Vest) hovlna .,, -,.,41u.~ ¢;". ....tn,_n__ norz~-.~es:er£;~ .d:en~.~h_~ crc er said car.,..’o-," ’,.- ....’,.75,-~,. ree~, ~’~"~m" = .~i ~ ....cf 340.~ i._; to a ~c~a~ on ~ c ....ca~:ave =~=-~,e ’#~st c~-n~ z-i~ "~e~~ rioh: ...... di~t r ....?’OiNT ..,-y I)ne MASTER PLAN GOLF DIGEST PGD EA~TPOINTE ~RCELcLuDED) .~|| (Includes lakes~ EXISTING APPROVAL .~1~ 1t.6 Ac Center 3.92 AC 17 18(I) Residential (Low) 16.8 Ac Lake 34.71 Residential (M~I.) Residential (Med.) 19~Ac 1 AS AMENDED N88°10’53"W 812,52’ 22 ResidentJa (Med,) 7.9Ac 21 Residential (aed.) 7.9 Ac Lake Residential (Med.) 11.6 Ac -4,73 Ac. Lak 3.98 Ac ~e 7 Ac. 17 Residential (Meal. 9.7Ac Residential (Low) 16.8 A¢ Lake Lake Lake 34.71 Ac 34,71 Ac I/ Iii f /,I 6t.3 AC "/T I II It " I"U I I-N I I/~. LOCATION TO ACCOMI FUTURE PEDESTRfl CROSSING OVER TURf UTILITY" Residential (Meal.) 19.2 Ac 30.95 Ac N05^24’ 472.25’ N29^40’01 344.64’ COMMERCIAL 12.0 AC N55^05,09"E 347.11’ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: March 11, 2002 Meeting Date: March 21, 2002 Subject/Agenda Item: Consideration of Ordinance 12, 2002, amending the City Code to adopt the statewide Fire Prevention Code, an appeal process, and certain local amendments. Recommendation" Approval of~ Ordinance 12, 2002 Reviewed by: City Attorney Submitted by: City Attorney Approved by: Originating Dept: Fire Rescue~ Advertised: Date: Paper: [ X] Not Required Affected parties: City ianager/’~ ~1 [ ]NOtified’ / ~I [ X] Not Required I Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Memorandum Ordinance 12, 2002 M E M O R A N D U M WA"FI’ERSON, HYLAND & KLE-I’T, P.A. To: From: Subject: Date: CC" Hon. Mayor and City Council Leonard G. Rubin, City Attorney ~ Ordinance 12, 2002 (Fire Prevention Code) March 11, 2001 Ron Ferris, City Manager This is a request for approval of Ordinance 12, 2002, adopting the statewide Fire Prevention Code. The State of Florida recently adopted a statewide Fire Prevention Code, which incorporates by reference the Life Safety Code. The Fire Prevention Code serves as the minimum fire safety code for the State of Florida. Local jurisdictions may adopt local amendments to this code, so long as those amendments strengthen the Code requirements. The State will update the Fire Prevention Code every three years, at which time local jurisdictions must readopt any local amendments. Ordinance 12, 2001 incorporates the statewide Fire Prevention Code, in addition to local amendments relating to fire hydrants, sprinklers and fire inspections. It also incorporates an appeal procedure whereby persons may propose alternatives to a particular system, condition, arrangement, material or equipment mandated by the Code. This procedure is required by statute. Should you have any questions, please do not hesitate to contact this office. Any questions regarding specific Fire Prevention Code requirements should be directed to Deputy Chief Scott Fetterman. P:\CPWin\HISTORY~020220A\446.96(319.055)121 CITY OF PALM BEACH GARDENS ORDINANCE NO. 12, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTING THE FLORIDA FIRE PREVENTION CODE; REPEALING ARTICLE III, "STANDARDS," OF CHAPTER 38, "FIRE PREVENTION AND PROTECTION," OF THE CITY CODE OF ORDINANCES IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE III, "CITY OF PALM BEACH GARDENS FIRE CODE;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDINGFOR CONFLICTS; PROVIDING FOR TRANSMITTAL TO THE STATE FIRE MARSHAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted a statewide Fire Prevention Code, which is informally known as the "Florida Fire Prevention Code" and incorporates by reference the Life Safety Code, Pamphlet 101, current editions; and WHEREAS, all local governments must follow the rules and regulations as promulgated in the statewide Fire Prevention Code with certain exceptions; and WHEREAS, the City Council hereby determines that the adoption of certain amendments and/or supplements to implement the Florida Fire Prevention Code as provided in the state statutes, is in the best interests of the public health, safety and welfare of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2: The City Council hereby repeals Article III, "Standards," of Chapter 38, "Fire Prevention and Protection,"of the City Code of Ordinances and adopts a new Article III, "City of Palm Beach Gardens Fire Code," to read as follows: ARTICLE Ill. CITY OF PALM BEACH GARDENS FIRE CODE. Sec. 38-86. Purpose and intent. (a) The purpose of this article is to provide for the prevention of fire and explosion through the regulation of conditions which cause fire or explosion and panic of persons resulting therefrom. (b) It is the intent of this article to identify, adopt and use minimum standards specific standards in effect on a state-wide basis, together with standards adopted by the city. Sec. 38-87. Codes and standards adopted. (a) In accordance with sections 633.0215 and 633.025, Florida Statutes, the Florida Fire Prevention Code adopted by the State Fire Marshall, as may be amended, including NFPA 1 Fire Prevention Code (2000 edition) and NFPA Life Safety Code (2000 edition) is hereby incorporated by reference and adopted as the fire prevention and life safety code for the City of Palm Beach Gardens. The Florida Fire Prevention Code, as amended by local amendments, may be hereinafter as "this Code" or the "Fire Prevention Code." The local amendments to this Code are set forth in sections 38-89 through 38-92 of this article. (b) Not less than three (3) copies of the current edition of Florida Fire Prevention Code specifically referenced above shall be on file at the office of the Fire Rescue Department. The provisions of this Code shall be controlling within the City of Palm Beach Gardens, save and except those portions such as are hereinafter deleted, modified, or amended by other sections of this article. Sec. 38-88. Alternatives to code requirements; appeals to fire code board of adjustment. (a) Whenever this Code requires a particular system, condition, arrangement, material, equipment or any other particular provision, the fire marshal may accept alternatives provided that such alternatives shall afford a substantially equivalent level of safety. (b) Each application for an alternative shall be filed with the fire marshal and shall be accompanied by such evidence, letters, statements, results or tests or other supporting information as may be required to justify the request. All applications shall bear the seal of the architect and/or engineer of record for the project. The fire marshal shall keep a record of any final decision on such applications and a signed copy thereof shall be furnished to the applicant. The decision of the fire marshal may be appealed to the Fire Code Board of Adjustments and Appeals. (c) There shall be established a board to be called the Fire Code Board of Adjustment and Appeals. The members of the Board of Zoning Appeals shall site as the Fire Code Board of Adjustment and Appeals. The Board may establish its own rules and regulations and a simple majority shall constitute a quorum. -2- A Notice of Appeal to the Fire Code Board of Adjustment and Appeals shall be filed within thirty (30) days after the decision is rendered by the fire marshal. Appeals regarding local amendments to the Florida Fire Prevention Code or the application of this Code to existing buildings shall be pursuant to section 633.025, Florida Statutes, as amended. (2)The Board shall have the power to hear appeals of decisions and interpretations of the fire marshal and to consider alternatives to this Code. (3)The Board shall consider and base its decisions on whether the alternatives or interpretations being appealed provide for: special situations arising from historic, geographic or unusual conditions; or bo if the alternative requirements result in a level of protection to life, safety or property equal to or greater than the applicable minimum fire safety standards. (4)The decision of the Board shall be rendered atthe hearing and should include the reasons for such decision. Such decision shall be final, but subject to such remedy as may be available at law or in equity. All appeals must be exercised within six (6) months of the order of the board or they shall be automatically be deemed null and void. One six (6) month extension may granted by the Board if a written request for same has been submitted to the city in writing prior to the expiration of the six (6) month period. Sec. 38-89. Water service for fire protection; fire hydrants. (a) There shall be fire hydrants located and in service within 500 feet of each other in all areas zoned for single-family residential usage, and within 300 feet of each other in all areas zoned for single-family attached/zero lot line, villas, multifamily, commercial, and industrial usage. (b) All fire hydrants shall be located within dedicated public private rights-of-way, which shall be paved or readily traversable by flrefighting equipment, with required minimum separation distance to be measured by roadway travel thereon. (c) All water mains intended and providing water for fire protection shall have a diameter of no less than eight inches. -3- (d) There shall be no requirements for the establishment of fire hydrants in areas zoned for agricultural usage. Sec. 39-90. Sprinklers. (a) A complete approved automatic sprinkler system shall installed in all building structures with the following occupational usages as defined in the Florida Building Code, with the following provisions governing: (1)Places of assembly, seating capacity of 250 or more persons, or over one story in height. (2)Places of worship, seating capacity of 475 or more persons, or over one story in height; a balcony with a capacity of 75 or more persons shall be considered a second floor. (3)Office buildings, three or more stories or over 30 feet in height or over 10,000 square feet per floor. (4) Educational, in accordance with the Fire Prevention Code. (5)Institutional, entire structure provided that certain areas of the structure may be exempted or alternative systems may be ¯ substituted in accordance with section 38-88 of this article. (6)Penal, automatic system in administrative areas and manual system in custodial areas. (7)Mercantile, 7,500 square feet or more. (8)Residential, hotels and motels, entire structure except for one- story structure with one exit to the outside per room (9)Residential, apartment (nontransient) including condominiums which are three stories or more in height or over 30 feet in height. (10)Storage, over 7,500 square feet or over 12 feet in height. (11)Mini storage, entire structure. (12)Marina, inside boat storage, entire structure. (13)Underground parking, entire structure. -4- (14)Combined occupancies, the most stringent requirements shall apply. (b) Any building in excess of 7,500 square feet not enumerated above, which will be used by members of the public or by private membership. (c) All fire alarm systems shall have protective signaling supervision and shall conform to all applicable codes. Supervision shall include, but not be limited to, sprinkler flow, valve tamper, system trouble, pull station activation, and smoke detection. The system shall be electronically connected through an approved central station facility. Exception: Alarm systems which are activated only by manual pull stations need not have central station monitoring. Sec. 38-91. Fire code inspection and special details fee schedule. (a) Pursuant to section 38-92(a) of this article, all improvements, buildings, structures, or alterations, requiring fire department inspection services shall be subject to a fee which shall be paid at the time of permit issuance in accordance with a schedule established by resolution of the city council. (b) Pursuant to section 38-92(b) of this article, all commercial buildings and structures requiring an annual fire safety inspection shall be subject to a fee which shall be paid at the time of occupational license renewal in accordance with a schedule established by resolution of the city council. (c) All special events shall be subject to a fee which shall be paid for fire department services rendered in accordance with a schedule established by resolution of the city council. Sec. 38-92. Approval required forconstruction plans, fire suppression and detection systems. (a) All construction plans relating to this article and all fire suppression systems, smoke detection, floor plans (for life safety requirements), fire alarm systems, and the like, or any alterations or remodeling of any new or existing building where the above systems are affected, shall be submitted to the fire marshal for approval, and if the plans comply with the provisions of this Code, same shall be approved. If the plans are not approved, applicant shall be advised of the reason for the rejection. A copy of construction plans shall be delivered by the building department to the fire marshal at least five (5) days prior to issuance of -5- building permit, and the fire marshal shall have three (3) days to approve not approve as set forth above. The fire marshal shall inspect all new structures prior to occupancy to ensure that the provisions of this Code have been met, and the fire marshal shall submit his or her findings to the building official. (b) The fire marshal shall conduct a fire safety inspection of all commercial premises operating within the city, excluding home occupations, on at least an annual basis. SECTION 3: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 4: 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 5: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: This ordinance enacting amendments to the Florida Fire Prevention Code shall be transmitted to the State Fire Marshal after adoption. SECTION 7: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS DAY OF ,2002. PLACED ON SECOND READING THIS DAY OF ,2002. PASSED AND ADOPTED THIS DAY OF ,2002. SIGNED: MAYOR COUNCILPERSON VICE MAYOR COUNCILPERSON COUNCILPERSON -6- ATTESTED BY:APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR VICE MAYOR COUNCILPERSON COUNCILPERSON COUNCILPERSON P:\CPWin\HISTORY~011219A\43F.D1(319.062)lgr-doc209 -7- XIV. CITY ATTORNEY REPORT: a. Kyoto Drive Railroad Crossing Discussion. M E M O R A N D U M WA-FI-ERSON, HYLAND & KLETT, P.A. To: From: Subject: Date: CC: Hon. Mayor and City Council Leonard G. Rubin, City Attorney Kyoto Gardens Railway Crossing March 21, 2002 Ron Ferris, City Manager Charles Wu, Growth Management Director Dan Clark, City Engineer As you may be aware, both Florida East Coast Railway ("FEC") and Roger Blangy challenged the Florida Department of Transportation’s ("FDOT’s") Notice of Intent to Issue Permit to allowthe opening of a highway rail grade crossing at Kyoto Gardens Drive and filed requests for a formal administrative hearing. FEC challenged the factual findings and conclusions of FDOT relating to safety, necessity, convenience and visibility. Blangy alleged that in lieu of an at or near grade crossing, the City should construct an overpass in the interests of safety and the welfare of nearby residents. This office initially was seeking confirmation from the City Council that it wished to proceed to administrative hearing, which has been scheduled for five days, beginning June 3, 2002. An administrative hearing is a trial, where the parties present evidence and testimony, including expert witnesses. Prior the hearing, the parties engage in extensive discovery, including, but by no means limited to, depositions and document production. At this time, it is estimated that the attorney’s fees, expert witness fees and related costs and expenses would total anywhere from $50,000 to $75,000, depending on the actua, I length of the hearing and the amount of discovery. This cost is in addition to City staff time. In the last few days, however, FEC has indicated a willingness to settle this matter in exchange for input into the design of the actual railway crossing. In its application to FDOT, the City has already agreed to consider any and all supplemental safety measures for the crossing, including, but not limited to, four quadrant gates, high-impact barrier gates, non- mountable curbs, and nightly closure of the proposed crossing. Consequently, the City, FEC and FDOT have tentatively agreed to continue the hearing scheduled for June, abate discovery, and attempt to settle all outstanding issues through mediation. Mr. Blangywill be included in the settlement discussions. This office will continue to keep the Council advised as the case progresses. Should you have any questions or concerns, please do not hesitate to contact this office. P:\CPWin\HISTORY\020312A\144E.22(319.055) ~ ~ar-20-2002 02:41pm From-GREENBERG TRAURIG PA TflflHfllfi T-385 P.001/002F-055 TO Fax Number Phone Number TO Fax Number Phone Number TO Fax Number Phone Number TO Fax Number Phone Number CC FROM File Number Comment Date No. Pages Transmittal Cover Sheet Mr. Talal Benothman 799-4281 799-4249 Mr. Adam Schlesmger and Mr. Richard Schlesinger (Please provide a copy to each recipient.) 835-8396 835-4003 Mr. EdTombari 799-4281 799-4243 Leonard Rubin, Esq. 62%5600 b27-5000, Ext. 33 David M. Layman, Esq. ]3arbara Springthorpe, AICP Alfred J. Malefatto, Esq. 20821.0142000 March 20, 2002 Including this cover sheet 2 Plense nonfy us immedaatcly if not recexved properly at 561-650-7900. The information conlained in trlls transm,ssion is attorney privilegecl and confidential. It is =mended only for the use of the inChv=dual or er~t,ty named above. If the reader of mis message ~s not the intencleo recipient, you are hereby not~fiecl thai any dissemination, dis~n~)ut~on or copy of tl~=s communication is SU’lCtly prohibaed. If you have received th;s communication ~n error, please notify uS immediately Dy telephone collec~ and return the orig,nal message to us at the address below via the U.S. Postal Service. We will reimburse you for your postage. Thank you. 777 South Flagler Drive, ,Suite 310 East, West Palm Beach, Florida 33401 561-650-7900 Fax 561-655-6222 ~ ~ar-20-2002 O~:41pm From-GREENBERG TRAURIG PA 5616556222 T-385 P.002/002F-055 March 20, 2002 By Fax and Mail Mr. Talal M. Benottunan, AICP City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re:Union Square Dear Mr. Benothman This letter will confrere the understanding reached during your meeting with Adam Schlesinger, Kelvin Wise and Jack Han.~on on Monday, March 18, 2002, regarding the above- referenced development. The City Cotmcil agenda item on the proposed planned u_nit development amenchnent, scheduled to be reviewed by the City Council on Thursday, March 21, 2002, will be postponed. Furthermore, the property owner will continue to pursue administrative review for the pending improvements on the property. Please advise if you have any questions or commems. cc: Mr. Ed Tombari Mr. Adam Schlesinger¯Mr. Richard Schlesinger David M. Layman, Esq. Barbara Springthorpe, AICP Mr. Leonard Rubin ,.~vw "~ORK P.O. B*~x 20629 WEST PAt~ Br~cn, FtO~IDA $$416-0629 561-650-7900 F~x 561-655-6222 w~.~tla~ corn FILE No.541 03/19 ’02 12:03 ID:BFI FAX:561 276 1146 PAGE 1/ 1 M MOIT ,ItDUM TO:Ed Tombari FROM:Anne Booth DATE:March 19, 2002 Urban Design Urban Planning Land Planning Landscape Archlte~ure Communication Graphl~s SUBJECT: Mirasol PCD Amendment I ’I Reading Please accept this request to postpone the Mirasol PCD 1" reading for two weeks from the March 21"’ City Council meeting to the April 4’h City Council meeting. It has come to our attention that it would be beneficial to amend condition number 72 to include language which reflects the practice of the City with regard to the bonding of required improvements. In speaking to Mr. Wu, he indicated that he would like for Len Rubin and the City Engineer’s office to have an opportunity to review and approve the language prior to presenting it m the Council. The following is the proposed language change: 72,Consistent with ~ ~ recordation of all plats, installation of all infrastructure, common area improvements and landscaping (or providin~ sure .ty for_the same), and dedication of facilities, rights-of-way and easements shall be completed prior to December 3 I, 2004. Time extensions are subject to the criteria set forth in Chapter I I g Section 78 of the City’s Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order. Please let me know if you have any questions, or concerns about this request. Len Rubin A~ :~ .l.Jim Harvey ~-J ,,1__:_~, 1 City Clerk’s Office CITY OF PALM BEACH " P~NNtNG & ZONING DEPT. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409-6682 661.689.006§ 661.689.0551 fax Irvine, CA 714.489.8131 Please Print Name: Address: City: COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and WHEREAS, Jews were the primary victims -six million were murdered; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies and governments; and WHEREAS, the people of the world should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution and tyranny; and WHEREAS, our community must actively set an example by rededicating ourselves to the principles of individual freedom in a just society and focusing on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress, the United States Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 7 through Sunday, April14, 2002 including the international Day of Remembrance, April 9th. NOW, THEREFORE, 1, Jr~r, c ...:fAll L 1V • Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 7 through 14, 2002, as DAYS OF REMEMBRANCE in memory of the victims of the Holocaust. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affix s st of March, in the year T o Thou and tw CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, The U.S. Department of Housing and Urban Development, under the Housing and Community Development Act of 1974, as amended, has allocated Community Development Block Grant (CDBG) funds to Palm Beach County to meet the needs of low and moderate income persons; and WHEREAS, The Community Development Block Grant Program has a significant impact on Palm Beach County and the City of Palm Beach Gardens by providing infrastructure improvements, economic development opportunities, public facilities, affordable housing, public services, and services to the homeless; and WHEREAS, Palm Beach County's Housing and Community Development Department works diligently meeting the needs of the low and moderate income County citizens. NOW, THEREFORE, I, Eric Jab lin, Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of April 1 through 7, 2002, as COMMUNITY DEVELOPMENT WEEK in the City of Palm Beach Gardens to encourage local government, non-profit organizations, and residents in the City of Palm Beach Gardens to recognize the efforts of the Community De A1TEST: BLANE KAUTHEN INTERIM CITY CLERK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed this 21st Day of March, in the year Two~ .. ~~)~ MA~