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.
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Cotleur Hearing
1934 Commerce Lane. Suite 1
Juptler, Florida 33458
561 747 6336 Fax747 1377
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~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
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~:!1~-~1 ! lorthcorp Lots
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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.
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BRIDGE DESIGN ASSOCIATES. I~C~
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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.
[
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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
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Palm B~ach Gard~s. Florida
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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
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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.
CONTAINING 24.676 ACRES, MORE OR LESS.’
7
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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
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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:
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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
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richt of "~u7 of u.~, "
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~( Palm Beo:h County, Florida.
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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.
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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.
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(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.
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(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
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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~