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HomeMy WebLinkAboutAgenda Council Agenda 062002City of Palm Beach Gardens Council Agenda June 20,, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado II. lII. IV. V. VI. VII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 20, 2002 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS~ DELETIONS~ MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda~ please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: ao bo Co do Consideration of approving Minutes from the May 30, 2002 Regular City Council Meeting. Consideration of approving Minutes from the June 6, 2002 Regular City Council Meeting. Consideration of approving Minutes from the June 10, 2002 Special City Council Meeting Resolution 85, 2002 - Access Easement in favor of Seacoast Utility. Consideration of an access easement in favor of Seacoast Utility Authority. IX. eo Resolution 93, 2002 - Mirasol Parcel 11 (25 Custom Home Lots). Consideration for approving a site plan to allow for the development of 25 single-family, custom homes, known as Mirasol Parcel 11, located within the Mirasol Planned Community District (PCD). Resolution 95, 2002 - Joint Participation and Project Funding Agreement with Seacoast Utility Authority. Consideration for approving a joint participation and Project Funding Agreement with Seacoast utility Authority relating to the widening of the western portion of Burns Road. go Resolution 96, 2002 - Authorizing the Mayor and City Clerk to execute a Utility Easement in Favor of Florida Power and Light (FPL) company relating to the construction of Fire Station #3. PUBLIC HEARINGS: ao Ordinance 20, 2002 - San Michele Amendment/Drainage Easements (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the application of Forest Lake Associates, L.C., San Michele-Palm Beach Limited Partnership, and Gordon Homes, Inc. for approval of an amendment to Ordinance 4, 2000, to permit minor changes to the size, location, and configuration of drainage easements and lakes, approval of a temporary sales center and modification of side setbacks for selected lots within the 64.47-acre "San Michele" Planned Unit Development (PUD) located the northwest corner of Central Boulevard and Hood Road and more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date. bo Ordinance 14, 2002 - Mirasol PCD Amendment to Master Plan (Second Reading Continued from 5/30/02). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 18, 2001, and approving an amendment to the Mirasol Planned Community District (PCD) (formerly known as Golf Digest) by amending a condition CPTED principles; adding a condition requiring a mechanism for rear yard access; and amending the PCD Master Plan to reflect a lake reconfiguration for the Mirasol PCD, as more particularly described herein; providing for an additional condition of approval; providing for a waiver; providing for severability; providing for conflicts; and providing for an effective date. C°Ordinance 21, 2002 - PGA Plaza Rezoning & Site Plan Review to Accommodate the PGA Blvd. Widening & Address Non-Conformities (Second Reading). An ordinance of the City Council of the city of Palm Beach Gardens, Florida, providing for the approval of an application for a Xo rezoning of approximately l l.ll-acre parcel of land from General Commercial (CG-1) to General Commercial (CG-1) with a Planned Development (PUD) Overlay Zoning District, known as "PGA Plaza," approving the renovation of. the parking and landscape areas to accommodate the intersection improvement of PGA Boulevard as required by the Regional Center DRI Development Order on the site located on the southwest corner of intersection of PGA Boulevard and Prosperity Farms Road, 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. RESOLUTIONS: ao Resolution 88, 2002 - Appoint Members to the Parks & Recreation Advisory Board. Consideration for approving the appointment of three (3) regular members and two (2) alternate members to the Parks and Recreation Advisory Board of the City of Palm Beach Gardens in order to fill expired terms. bo Resolution 92, 2002 - Consultant Selection for Parks Planning and Design Services. Ranking the consultants for Parks Planning and Design Services and authorizing staff to begin competitive negotiation. XI.ORDINANCES: (For Consideration on First Reading) ao Ordinance 25, 2002 - Village Square Professional Park Phase II Covered Parking (First Reading). An ordinance of the City Council of the City Palm Beach Gardens, Florida, providing for the approval of an application from PF Park, LTD., for an amendment to the Village Square Professional Park Planned Unit Development, Phase II, to allow a covered parking structure over seven (7) existing parking spaces to be located on the west side of building #700, said PUD being located at the southwest corner of RCA Boulevard and Prosperity Farms Road, as more particularly described herein; providing for one condition of approval; providing for one waiver; providing for conflicts; providing for severability; and providing for an effective date. bo Ordinance 26, 2002 - West PGA Blvd. Lane Reduction from 6 to 4 Lanes (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Land Development Regulations of the City of Palm Beach Gardens by adopting a four-lane cross section for PGA Boulevard west of the Avenue of the Champions and revising the existing six-lane cross section to apply to the segment west of the Turnpike and east of Avenue of the Champions; providing for adoption; providing for codification in the City Code of Ordinances; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), 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 REGULAR MEETING May 30, 2002 The May 30, 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, Pall Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. A moment of silence was observed for Ground Zero. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, Councilmember Joseph R. Russo and Councilmember Delgado. Councilmember David Clark was absent from the meeting. Mayor Jablin welcomed Patty Snider, the new City Clerk. RE-ORDER AGENDA: Councilmember Russo made a motion to next hear the item regarding North County Traffic. Motion was seconded by Councilmember Delgado and carried by unanimous vote. CITY MANAGER REPORT: North Count~, Traffic Discussion Relating to TPSO - City Engineer Dan Clark made a presentation and reported that the handout included issues that had been raised by the North County Intergovernmental Committee. Mayor Jablin reported the forbearance agreement had reduced densities, which should affect traffic. It was reported the developers had agreed to fund a traffic study. Mayor Jablin recommended holding a workshop on traffic performance standards. County Commissioner Karen Marcus explained the County Commission was trying to fix the law that did the double counting and double giving away of trips so that capacity would not run out and the last projects to come in could still be built, and that Palm Beach Gardens was a part of the process because they had developers who could not build. Councilmember Russo requested the City hire the person to do the traffic study. Discussion ensued. John Gary explained that the study would be done as if all roads and all development on PGA Boulevard were finished, and after the final numbers were known an agreement could be worked out with the county and Commissioner Marcus. Councillember Russo wanted to know which projects would fail. Commissioner Marcus suggested Jupiter might share information from their traffic study with the city since this was not just a Palm Beach Gardens issue. The City Manager was directed to schedule a workshop when all councilmembers could attend. The development community through John Gary was requested to proceed with the study. PRESENTATIONS: A1A Construction - City Engineer Dan Clark discussed the A1A road widening, which was fully funded by Catalfumo, DiVosta, and WCI, and it was explained that some landscaping could be placed within the railroad right-of-way. Design Services for District Park - Three finalists in a park design competition made presentations: David Barth from Gladding Jackson; Rick Gonzales from REG Architects; and George Botner and other team members with CH2M Hall, which recently merged with CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 2 Gee & Jenson. Each presented their concepts for the district park. It was noted that this would be a county park which would be located within the city. ITEMS & REPORTS BY MAYOR AND COUNCIL: No items were presented due to the lateness of the hour. COMMENTS FROM TIlE PUBLIC: Pat Hughey, Reed Drive, asked questions regarding the Blue Ribbon Committee. Mayor Jablin responded that the committee was appointed and responsible to the City Council, and was not intended to replace the GNA. Ms. Hughey commented that the Police and Fire memorial program was very good. Tory Buckley indicated he had been a volunteer in recreational activities for the City for the past six years and served as a member of the Parks and Recreation Advisory Board. Mr. Buckley reported he had been very embarrassed to have been removed from that board for unexcused absences, when in fact the absences had been excused by the’ Chairman. Mayor Jablin requested this item be discussed at the next City Council meeting so that there would be time to find out exactly what had happened and put it into writing. CONSENT AGENDA: Vice Mayor Sabatello made a motion to approve the consent agenda minus item g and item h. Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote. a. Consideration of approving Minutes from the May 2, 2002 Regular City Council Meeting. b. Resolution 75, 2002 - Assessment Agreement PGA Flyover. Consideration of approving an agreement with Gary R. Nikolits, as Palm Beach County Property Appraiser. c. Resolution 77, 2002 - Assessment Agreement PGA Flyover. Consideration of approving an agreement with Palm Beach County Information System Services (ISS) and Gary R. Nikolits, as Palm Beach County Property Appraiser. Resolution 78, 2002 - Joint Participation and Project Funding Agreement with Seacoast Utility Authority. Consideration of approving a Joint Participation and Project Funding Agreement with Seacoast Utility Authority relating to the widening of the western portion of Burns Road. Resolution 84, 2002 - Agreement with DCA for $350,000 of Grant Monies. Consideration of approving a Disaster Relief Funding Agreement with The Department of Community Affairs for $350,000 in Grant Funds for Plat 4 Drainage Improvements. Resolution 79, 2002 - Awarding Bid for Brush Truck Chassis. Consideration of approval for the purchase of one AM Jeep Truck Model M932 from White Owl Parts Co., Inc. for use as a Fire Brush Unit. Resolution 65, 2002 - Mirasol Parcel 12 - 38 Single-Family Custom Home Lots. Consideration of approval of a site plan to allow for the development of 38 custom homes, known as Mirasol Parcel 12, located within the Mirasol Planned Community District (PCD). do eo f. go Councilmember Sabatello indicated he had requested item "g" be pulled because he had a conflict since a company with which he was affiliated had a contract to purchase on this property and therefore he needed to abstain from voting. Mayor Jablin commented this item would be brought back. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 3 ho jo Resolution 69, 2002 - Mirasol Parcel Six-Plat. Consideration of approving the Mirasol Parcel Six Plat. Senior Planner Edward Tombari explained that condition 3 had been deleted and superceded by condition 2, which expanded access to entities other than the HOAs, such as Northern Palm Beach Improvement District, which might have some control over a water easement. Councilmember Russo made a motion to approve Resolution 69, 2002. Vice Mayor Sabatello seconded the motion, which carried 4-0. Resolution 74, 2002 - Skate Park Amendment FRDAP. Consideration of approving Amendment 1 to the Florida Recreation Development Assistance Program (FRDAP) Funding Agreement for Skate Park - Plant Drive Park (DEP Contract Number F1362). Vehicle Towing Services Contract- Consideration of approving an additional 90-day extension to the vehicle towing services contract with Kauff’s Towing. Resolution 82, 2002 - First Amendment to NPDES Interlocal Agreement with Northern Palm Beach County Improvement District. Consideration of approving a First Amendment to the National Pollutant Discharge Elimination System ("NPDES") Interlocal Agreement between Northern Palm Beach County Improvement District and the City of Palm Beach Gardens. Proclamation - "Recognizing an official Keep America Beautiful Liberty Garden". Consideration of items pulled from Consent Agenda. PUBLIC HEARINGS: Ordinance 14, 2002 - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 18, 2001, and approving an amendment to the Mirasol Planned Community District (formerly known as Golf Digest) by amending conditions of approval relating to Park Improvements, CPTED Principles, Bonding of Infrastructure and Landscaping Improvements; and requiring a mechanism for rear yard access 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; providing for severability; providing for conflicts; and providing for an effective date- for consideration of second reading. Councilmember Russo made a motion to continue Ordinance 14, 2002 to a date certain of June 20, 2002. Vice Mayor Sabatello seconded the motion, which carried by 3-0 vote. Ordinance 23, 2002 - PGA Commons Parcel 2 Time Extension -An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concun’ency certification for the property located at the southwest comer of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 2" Planned Unit Development; amending Ordinance 8, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading; and Ordinance 24, 2002 - PGA Commons Parcel 3 Time Extension An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the extension of the build out date for concurrency certification for the property located at the southeast comer of PGA Boulevard and Hickory Drive, known as "PGA Commons Parcel 3" Planned Unit Development; CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 4 amending Ordinance 9, 1999 to revise a condition of approval and add a new condition of approval; providing for conflicts; providing for severability; and providing for an effective date - for consideration of second reading. Planner Kara Irwin announced that the staff presentation included both Ordinance 23, 2002 and Ordinance 24, 2002. In response to parking concerns, staff indicated they would monitor the situation. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 23, 2002. Henry Skokowski stated he was available to answer questions. Hearing no further comments, Mayor Jablin declared the public heating closed. Mayor Jablin declared the public hearing re-opened. A resident questioned how parking could be limited in phases 2 and 3. Response from staffwas they would work more closely with the developer and builder to assure the uses did not change. Mayor Jablin declared the public hearing closed. Councilmember Russo moved that Ordinance 23, 2002 b~ placed on second reading and approved with May 20, 2002 as the date of the traffic study. Vice Mayor Sabatello seconded the motion, which carried 3-0. The City Clerk read Ordinance 23, 2002 by title only on second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 24, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Russo moved that Ordinance 24, 2002 be placed on second reading and approved. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 24, 2002 by title only on second reading. Ordinance 18, 2002 - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 18, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending section 62-2, "Obstructions Prohibited," of Article I, "In General," of Chapter 62, "Streets, Sidewalks and Certain Other Public Places," of The City Code of Ordinances to authorize temporary, interim or partial closure of publicly dedicated streets and rights-of-way; providing for codification; providing for severability; providing for conflicts; and providing for an effective date - for consideration of second reading. Councilmember Russo moved that Ordinance 18, 2002 be placed on second reading and approved. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 18, 2002 by title only on second reading. Ordinance 22, 2002 - Mayor Jablin declared the public hearing open, held on the intent of Ordinance 22, 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- for consideration of second reading. Councilmember Russo moved that Ordinance 22, 2002 be placed on second reading and approved. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 22, 2002 by title only on second reading. RESOLUTIONS: Resolution 175, 2001 - Principal Planner Steve Cramer presented a request to adopt a Citywide Traffic Calming Policy for evaluating traffic calming requests for City streets. The City Attorney advised that Councilmember Russo and Vice Mayor Sabatello both had conflicts of interest Mayor Jablin announced this item would be placed on the next agenda. Resolution 64, 2002- Senior Planner Edward Tombari presented a request for an amendment to the NorthMil Plaza Site Plan to provide for the development of "Future Development Out-Parcel One". Annie Marie Delgado made a motion to approve Resolution CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 5 64, 2002. Carl Sabatello seconded the motion, which carried by unanimous 4-0 vote. Resolution 72, 2002 - A site plan application for "Parcel 4A" with a total of 109 single- family units and 69 multi-family units within the Evergrene PCD. Annie Marie Delgado made a motion to approve Resolution 72, 2002. Joe Russo seconded the motion, which carried by unanimous 4-0 vote. Resolution 80, 2002 - Creating a blue ribbon panel to examine quality of life issues facing the City and make recommendations to the City Council as to how to remedy such issues. Annie Marie Delgado made a motion to approve Resolution 80, 2002. Consensus was to change "Mayor" to "Mayor Jablin" to assure continuity. Carl Sabatello seconded the motion, which carried by unanimous 4-0 vote. Resolution 81, 2002 - Consideration for approving a budget for the Bums Road Widening Project and authorizing the expenditure of funds as set forth therein. Annie Marie Delgado made a motion to approve Resolution 81, 2002. Carl Sabatello seconded the motion, which carried by unanimous 4-0 vote. ORDINANCES: Ordinance 20, 2002 - Planner Jaclde Holloman presented Ordinance 20, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of the application of Forest Lake Associates, L.C., San Michele-Palm Beach Limited Partnership, and Gordon Homes, Inc. for approval of an amendment to Ordinance 4, 2000, to permit minor changes to the size, location, and configuration of drainage easements and lakes, approval of a temporary sales center and modification of side and front setbacks for selected lots within the 64.47-acre "San Michele" Planned Unit Development (PUD) located at the northwest comer of Central Boulevard and Hood Road and more particularly described herein; providing for conditions of approval; providing for waivers; providing for conflicts; providing for severability; and providing for an effective date - for consideration of first reading. Councilmember Russo made a motion to place Ordinance 20, 2002 on first reading by title only. Vice Mayor Sabatello seconded the motion. During discussion of the motion, the applicant requested modification of the request to allow only the side loaded garages to have a 20-foot setback, with front-loaded garages maintaining 25’ setback. The Council indicated they would not accept this change; however, the applicant was advised this was first reading and changes might be made before second reading. Motion carried by unanimous 4-0 vote. The City Clerk read Ordinance 20, 2002 on first reading by title only. ITEMS FOR DISCUSSION: Conceptual Study and Design For MacArthur Boulevard Traffic Calming and Roadway Improvements. Discussion included coming up with a cost for the project that was realistic by plugging in the county’s contribution and the city’s contribution, going ahead with less costly measures, and meeting with the residents. Carol Estrada was advised she could tell the residents that the City Council was taking action. The City Manager was directed to meet with the City Engineer to come up with the least expensive plan possible. Occupational License Tax and Amendment to the Occupational License Codes. Code Enforcement Administrator Kelvin Wise indicated staff was proposing to make rates fair and equitable across the board, not necessarily to raise rates. Councilmember Russo advised rates were last raised in the mid 90’s, and requested that information be researched. Carl Sabatello made a motion to direct Mr. Wise to proceed. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 5/30/02 6 July 4th Ci_ty Council Meeting - Consensus was to change the date of the July 4, 2002 City Council meeting to July 11, 2002. CITY ATTORNEY REPORT: The City Attorney advised that the status of the Vavrus case was that the 4th, District Court of Appeals was to rule on the original appeal from the Code Enforcement Board. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:15 p.m. APPROVAL: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO CHAIR PRO TEM DAVID CLARK COUNCILMAN JOSEPH RUSSO ATTEST: COUNCILWOMAN ANNIE DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 6, 2002 The June 6, 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. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Vice Mayor Carl Sabatello, Councilmember David Clark, and Councilmember Joseph R. Russo. Councilmember Annie Marie Delgado was absent from the meeting. PRESENTATIONS: Recognition of High School Scholarship Awardccs - Stcphanic Wood, Pathfinder Scholarship winner, was recognized for her outstanding achievements. Civilian Recognition Award - Carilynn Drummond, volunteer at Timber Trace Elementary, was recognized for establishing a Spanish program. Education Advisory_ Board - Members wcrc recognized for their efforts on behalf of education of the children of the City. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmcmbcr Russo reported meeting with the Executive Director of the Honda Classic and the head of the Honda Classic Foundation, and that hc and staff were working with them. Councilmcmbcr Clark reported that the Beautification and Environmental Committee was working on an environmental brochure, and also reported that hc was continuing to register the City’s opposition to the proposed turnpike interchange location with the Metropolitan Planning Organization. Mayor Jablin reported hc had met with the Secretary of Transportation in Tallahassee regarding this issue. He had also met with Chief of the Bureau for Water Facilities Funding regarding creative stormwatcr funding. CITY MANAGER REPORT: North County Traffic Study for TPSO - City Manager Fcrris reported the developers had indicated they preferred to fund the $25,000 study, with the City to hire someone to do the study, and noted that the City Council had already indicated they wished the study to bc done by the City’s Traffic Engineer and City Engineer. City Engineer Dan Clark reviewed the scope of the study. Consensus was to proceed as outlined by the City Manager and City Engineer. Financial Report Second Quarter - Finance Director Allan Owens provided an overview of the quarterly report, with focus on the General Fund and the Enterprise Fund for the golf course. COMMENTS FROM THE PUBLIC: Jeff Dudey, 126 S. 11th Street, Lantana, advised he was a whistleblower from the South Florida Water Management District regarding flooding concerns, and urged the Council to contact Director Henry Dean at the District to find out the truth about what was going on in CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/6/02.2 the operations control center there. Lauren Furtado, 4318 Crestdale Street, spoke regarding a new anti-drug program for children and parents, called Strengthening Families. Carol Estrada, 309 Riverside Drive, reported a resident had tripped on an uneven sidewalk and had been injured. Ms. Estrada requested the MacArthur Boulevard topic be scheduled earlier in the meeting. Pat Hughey, 9120 Reed Drive, questioned if the Art Advisory Board would provide funding to carpet the lobby walls, the cost of maintenance of the carpeted walls, and whether there should be concern for allergens. Ms. Hughey indicated the GNA History Committee preferred that the history cabinets remain in the City Hall lobby rather than being moved to the Council Chambers. Ms. Hughey provided a list of questions from the GNA and requested responses. Mayor Jab!in clarified that the decision had not yet been made to carpet the walls, but it was under consideration, and funding would come from the Art Advisory Board. Barry_ Merman, Jupiter, expressed concern regarding the direction of the City’s growth with heavy traffic and inflated prices for housing. Mr. Merman reported.C#uncilmember Delgado was operating a business from her home in violation of the homeowners restrictions of Westwood Gardens. Mr. Merman provided written documentation to the City Council. Mayor Jablin indicated this would be referred to the City Attorney. CONSENT AGENDA: Vice Mayor Sabatello made a motion to approve the consent agenda items a through g. Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote. a. Resolution 61,2002 - Signage program for Legacy Place Apartments. Consideration of approving a Signage Program for Legacy Place Apartments at the northeast comer of Alternate A1A and RCA Boulevard. b. Resolution 73, 2002 - Urban County Program Interlocal Agreement with Palm Beach County. Consideration of approving an interlocal agreement between the City and Palm Beach County for Community Development Block Grant and Home Investment Partnerships Program Activities for the fiscal years 2003, 2004, and 2005. c. Resolution 83, 2002 - Site Plan Review for Evergrene Community Center and Entry Features. Consideration for approving a site plan application for a clubhouse and entry features within the Evergrene PCD, located between Hood Road & Donald Ross Road. d. Resolution 86, 2002 - Appoint member to the Board of Trustees of the City of Palm Beach Gardens General Employees Pension Plan. Consideration of approving the appointment of one (1) member to the Board of Trustees of the City of Palm Beach Gardens General Employees Pension Plan. e. Resolution 87, 2002 - Four-Month extension to the Northlake Blvd. streetscape improvements interlocal agreement with Palm Beach County. Consideration to execute a Four-Month time extension to a financial assistance agreement with Palm Beach County which allows the City to be reimbursed for funding for preparation of streetscape plans for Northlake Boulevard between Military Trail and U.S. Highway One. f.Resolution 89, 2002 - Evergrene Plat Two-Plat. Consideration of approving the Evergrene Plat Two Plat. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/06/02 3 g.Resolution 91, 2002 - Lake Victoria Gardens Right of Way Deed. Consideration for accepting a Quit-Claim Deed from Northern Palm Beach County Improvement District for the Lake Victoria Gardens Avenue Right-Of-Way. Consideration of item pulled from Consent Agenda: h.Resolution 90, 2002 - Auditing services RFP selection. Consideration of accepting the proposal from Haas, Diaz & Co. to provide auditing services for the City and authorizing the Mayor and City Clerk to execute a three-year agreement with Haas, Diaz & Co. commencing with the fiscal year ending September 30, 2002. Councilmember Russo requested the ability to opt out before the end of the contract, and was advised that a termination clause had been included. Councilmember Russo made a motion to approve Resolution 90, 2002. Councilmember Clark seconded the motion, which carried by unanimous 4-0 vote. PUBLIC HEARINGS: Ordinance :2, 2002 - Mayor Jablin declared the public hearing open held on the intent of Ordinance 2, 2002 - Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Ordinance 34, 1999; providing for a condition of approval; providing for severability; providing for conflict; and providing for an effective date - for consideration of first reading continued from 05/02/02; Resolution 4, 2002 - Consideration of approving an application from Palm Beach Gardens Christ Fellowship by amending a condition of approval for a previously approved site plan for the Christ Fellowship Church South Campus (located at 5312 Northlake Boulevard, approximately ¾ miles west of Military Trail as more particularly described herein) by amending a condition of approval for a previously approved conditional use; amending Resolution 5, 2000 for consideration of approval; and Ordinance 44, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to Palm Beach Gardens Christ Fellowship Church North Campus by amending conditions of approval for the site, located on the north side of Northlake Boulevard, approximately 1 ½ mile west of Military Trail as more particularly described herein, amending Ordinance 20, 1997, and Ordinance 23, 1999; 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. Bernard Strauss, 116 Palm Point Circle, reserved his comments until this item could be discussed before the full City Council. Joan Altwater, 9180 Cypress Hollow Drive and Marilyn Jacobs, 16 Bermuda Lake Drive, reserved their comments until this item could be discussed before the full Council. Keith Paulus, 10100 Hunt Club Lane, requested that at the next scheduled date this item not be delayed again, with which Mayor Jablin agreed. Councilmember Clark made a motion to continue the public hearings for Ordinance 2, 2002, Resolution 4, 2002, and Ordinance 44, 2001 to a date certain of July 11, 2002. Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote. Ordinance 19, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 4, 2001, which approved the Frenchman’s Reserve Planned Community District by amending the Condition of Approval relating to issuance of building CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/6/02 4 permits prior to completion of certain infrastructure and adding a new condition; and amending the PCD Master Easement Relocations, and a well site location at the site, located approximately directly east of the intersection of Hood Road and Alternate A1 A; providing for conditions of approval; providing for a waiver; providing for severability; providing for conflicts; and providing for an effective date - for consideration of second reading. Senior Planner Edward Tombari reviewed the revised ordinance. The proposed wall, the proposed traffic signal, roadway signage, and landscaping were discussed. Michael Sabatello spoke on behalf of the applicant. Mayor Jablin declared the public hearing open. Fred Barlow, Chairman of the Ad Hoc Committee of Frenchman’s Creek, read and submitted a memo regarding items agreed upon but not put into writing, with an agreement attached which had been reached between Frenchman’s Reserve and Frenchman’s Creek. Mr. Barlow requested the City not allow a certain portion of land at the townhouse pod to be cleared until a site plan had been submitted to both Frenchman’s Creek and to the City; and expressed support for the 12-foot wall. Councilmember Sabatello commended staff for working with the developer. Councilmember Russo requested height issues be explained better in the future. Councilmember Clark made the same request and thanked staff and Frenchman’s Creek for working so hard with the developer. Councilmember Clark moved Ordinance 19, 2002 be placed on second reading by title only and approved with one minor amendment to Section 2 deleting the words "plywood or" in numbered item 2 in condition 37 so it would be only metal road signs. Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote. The City Clerk read Ordinance 19, 2002 on second reading by title only. Ordinance 21, 2002 - 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 11.11- acre parcel of land from General Commercial (CG-1) to a Planned Unit Development Overlay Zoning District (PUD) with a Underlying General Commercial (CG-1) Zoning, to known as "PGA Plaza," by approving the renovation of the parking and landscape areas to accommodate the widening of PGA Boulevard as required by the Regional Center DRI Development Order on the site located on the southwest corner of intersection of PGA Boulevard and Prosperity Farms Road, 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- for consideration of second reading. Planner Kara Irwin presented the request. George Gentile spoke on behalf of the applicant. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 21, 2002. Councilmember Russo moved to continue the public heating for Ordinance 21, 2002 to a date certain of June 20, 2002. Councilmember Clark seconded the motion, which carried 3-1 with Vice Mayor Sabatello opposed. Councilmember Clark requested staff to contact landowners along PGA Boulevard to improve the median landscaping. RESOLUTIONS: Resolution 69, 2002 - Mirasol Parcel Six Plat. Consideration of approving the Mirasol Parcel Six Plat. Mayor Jablin announced that there was a conflict of interest; therefore, a special meeting would be held Monday at noon to address this item when the full City Council could attend. Resolution 88, 2002 - Appointments to the Parks and Recreation Advisory Board. Consideration of approving the appointment of three (3) regular members and two (2) alternate members to the Parks and Recreation Advisory Board of the City Palm Beach Gardens in order to fill expired terms. Mayor Jablin noted this item had been pulled and would be addressed at the next regular City Council meeting on June 20, 2002. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/06/02 5 ITEMS FOR COUNCIL ACTION: Vice Mayor Sabatello reported receipt of a memo from Councilmember Delgado regarding Re: Source group, and expressed his opinion that the lobbyist should go through the City Manager, who would separate issues that were administrative and those that were policy, and then the City Manager would advise the City Council on the other legislative matters. All those City Council members present agreed the lobbyist should report directly to the City Manager, and he would then bring reports to the City Council on a timely basis on any matters in which he needed to involve the Council. The City Manager noted that some items required immediate action. The Council granted that flexibility. Councilmember Russo reported he received a memo from Councilmember Delgado regarding the reinstatement of Mr. Buckley, and stated the issue to him had not been the situation but how it was handled; and that no one person should have made the decision, but the entire City Council should have decided whether or not Mr. Buckley should have been removed. Councilmember Russo indicated that in the past, liaisons to Boards were there as communicators from the Boards to the Council, and not to handle matters or make decisions. Mayor Jablin agreed. Vice Mayor Sabatello suggested the City Manager be the first contact in such situations. Consensus was to hold a workshop regarding the role of liaisons. The City Manager reported staffwas working on ideas in support of the Council/Manager form of government and alternative ways of achieving goals, regarding which they would be ready to report to the Council in approximately one month. ITEMS FOR DISCUSSION: Conceptual Study and Design For MacArthur Boulevard Traffic Calming and Roadway Improvements. This item was pulled to be discussed at the beginning of the next meeting. CITY ATTORNEY REPORT: Kyoto Gardens Crossing Update - The City Manager indicated the City had had a disagreement with FEC regarding the scope of the mediation, and the City felt they had addressed every safety issue possible and was ready to move forward. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/6/02 6 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:15 p.m. APPROVAL: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO CHAIR PRO TEM DAVID CLARK COUNCILMAN JOSEPH RUSSO ATTEST: COUNCILWOMAN ANNIE DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING June 10, 2002 The June 10, 2002 Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 12 noon. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Eric Jablin, Councilmember David Clark, and Councilmember Annie Marie Delgado. Vice Mayor Carl Sabatello and Councilmember Joseph R. Russo were absent from the meeting. RESOLUTIONS: Resolution 69, 2002 - Mirasol Parcel Six Plat. Consideration of approving the Mirasol Parcel Six Plat. Councilmember Clark moved approval of Resolution 69, 2002. Councilmember Delgado seconded the motion, which carried 3-0. CITY OF PALM BEACH GARDENS SPECIAL MEETING, 6/10/02 2 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 12:10 p.m. APPROVAL: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO CHAIR PRO TEM DAVID CLARK COUNCILMAN JOSEPH RUSSO ATTEST: COUNCILWOMAN ANNIE DELGADO PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum ~ -D~t~-Prepared: May 20, 2002 Meeting Date: June 20, 2002 Subject/Agenda Item: Consideration of Resolution 85, 2002, authorizing the Mayor and City Clerk to execute an access easement in favor of Seacoast Utility Authority. Recommendation/Motion: .Approval of Resolution 85, 2002 Reviewed by: City Attorney ~ City Engineer City Manager Originating Dept: City Engineer Advertised: [ X ] Not Required Affected parties [ X ] Not required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: [ ] None Explanation: Seacoast Utility Authority currently accesses its existing facilities, including a pump station, through an unimproved lot on Ilex Circle owned by the City. Seacoast is seeking the grant of an access easement to ensure unencumbered access to such facilities in perpetuity. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 85, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ACCESS EASEMENT IN FAVOR OF SEACOAST UTILITY AUTHORITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Seacoast Utility Authority is currently accessing existing facilities, including a pump station, through a parcel of unimproved property located on Ilex Circle and owned by the City of Palm Beach Gardens; and WHEREAS, Seacoast Utility Authority has requested the grant of an access easement across the eastern portion of said property to ensure access to its facilities should the City convey the property to a third party at some future date; and WHEREAS, the City Council determines that the grant of such easement is in the best interests of the health, safety and welfare of the 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 this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby authorizes and directs the Mayor and City Clerk to execute an Access Easement in favor of Seacoast Utility Authority, as attached hereto as Exhibit "A" and incorporated herein by reference. 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. -1- SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF ., 2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- Return T~: Bruce Gregg 4200 Hood Road Palm Beach Gardens, F! 33410 ACCESS EASEMENT THIS ACCESS EASEMENT made and entered into this ~ day of , 2002, between CITY OF PALM BEACH GARDENS, a Florida Municipal Corporation, (hereinafter referred to as "Grantor") whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and SEACOAST UTILITY AUTHORITY hereinafter referred to as "Grantee"), whose address is 4200 Hood Road, Palm Beach Gardens, Florida 33410 ’" WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual access easement which shall permit the Grantee to enter upon the property herein described at any time for ingress and egress to Grantee’s facilities. The access easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County., Florida, and being more particular .ly described as follows: The East 25.0 feet of Lot 12, Block 68, Plat No. 6, CITY OF PALM BEACH GARDENS, according to the plat thereof as recorded in Plat Book 27, at Pages 130, 131 and 132, in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida. Grantee hereby acknowledges that Grantor has existing improvements in the easement area. By acceptance of this easement Grantee agrees to repair and restore any damage caused by Grantee or its agents to Grantor’s improvements. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid access easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: Signed, sealed and delivered in the presence of: GRANTOR: CITY OF PALM BEACH GARDENS Witness Signature Print Name Witness Signature Print Name By:. Eric Jablin, Mayor Attest: Blane Kauthen, Deputy City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this __ day of ,2002, by Eric Jablin and Blane Kauthen , Mayor and Deputy City Clerk respectively, both who are personally known to me or who has produced as identification and who did not take an oath. Notary Signature Print Name Notary Public - State of Florida Commission No: My Commission Expires: D O CUMENT£PBGEASE~C-LS# 1 .wp:030502 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: June 20, 2002 Date Prepared: June 3, 2002 SUBJECT/AGENDA ITEM Resolution 93, 2002: Mirasol Parcel 11 Consideration of Approval: a request by Anne Booth of Urban Design Studio, on behalf of Taylor Woodrow Communities, to allow for the construction of 25 custom homes on 90 X 145 foot lots. The 9.8-acre pod is located within the Mirasol Planned Community District (PCD). The Mirasol PCD is bounded by PGA Boulevard to the south, Hood Road to the north, Florida’s Turnpike to the east and the C-18 Canal to the west (01- 42S-42E). RECOMMENDATION Staff recommends APPROVAL of Resolution 93, 2002 with conditions of approval. Reviewed by: ~ Principal Planner__ Talal Benothma~l~ City Attorney~ ~ Finance NA Human Res. NA Submitte, ~by: GrowtiY~ ~.] Mana~m~nt Direct r~ ~t,~J~ ~c.. ~ Charles-Ki ~u, AICP Originating Dept.: Growth~ent: erojecjt .r...~..~,~ Mana.~ ~ Edward ~ AICP Devel°pm~, ~__b~ ~ Complianc~ Bahareh Wolfs, AICP Advertised: Date: Paper: Palm Beach Post S [X] Not Required Approved by/~ _._..---’~’~City ManageC~l~,~,~,~l~ Affected parties: Ronald M. Ferri~ ~[ ] 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: ¯ Resolution 93, 2002 ¯ Map 1: Mirasol PCD Master Plan ¯ Code Comparison Table ¯ Mirasol Comparison Tables ¯ Site Plan ¯ Common Area Landscape Plan City Council Meeting Date: June 20, 2002 Date Prepared: June 3, 2002 Resolution 93, 2002 SP-02-08 BACKGROUND The Mirasol PCD Master Plan was approved by the City Council by Ordinance 8, 2000, on May 18, 2000, and was revised by Ordinance 18, 2001. The Master Plan provided for 25 residential pods that range from multi-family, zero-lot line single family, and custom single family homes. To date, approximately 30 Certificates of Occupancy have been issued for residential homes, in addition to the sales center, golf training center, cart barn (temporary clubhouse), and the golf maintenance facility. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL-3), and has a future land-use designation of Residential Low (RE). The gross density for the Mirasol PCD is .93 dwelling units per acre, consistent with the Residential Low (RL) designation in the comprehensive plan. Parcel 11 has a Master Plan designation of Low Density, which allows for up to 5 dwelling units per acre within the development parcel. A density of 2.55 dwelling units per acre is proposed on Parcel 11. CONCURRENCY Concurrency has been reserved through the initial PCD process. PROJECT DETAILS Phasing The development of the subject parcel will be completed in a single phase. Completion of roadway construction will be occurring simultaneously with the construction of the parcel. Site Access Roadway access to the site, via the collector road, will be completed simultaneously with parcel construction. In accordance with condition number 53 of Ordinance 2 City Council Meeting Date: June 20, 2002 Date Prepared: June 3, 2002 Resolution 93, 2002 SP-02-08 21,1998, as revised by Ordinance 18, 2001, a stabilized road base will be completed prior to the start of home construction on each parcel. Access to Parcel 11 shall be achieved from that portion of Mirasol Way that runs east- west from Mirasol Boulevard at the clubhouse entrance to Jog Road. To date, this link is under construction. Architectural Style and Special Features This parcel is proposed to be developed as single-family custom homes. All home plans will be reviewed and approved by the Mirasol POA/Architectural Review Committee prior to submission to the City. Li.qhtin~ Sternberg "Acorn" lighting will be provided throughout all the parcels with the locations of light poles indicated on the site plans. Lighting details have been included on the site plans. Street lights will be field located to avoid conflicts with street trees and utilities. Landscaping This application includes a Common Area Landscape Plan. In accordance with condition number 18 of Ordinance 18, 2001, a 25’ minimum buffer between the parcel and the collector roadway (Mirasol Way) has been provided. The parcel buffer planting scheme includes Oaks, Pines, flowering trees, shrubs and groundcovers. All parcels include a street tree planting program of Royal Palms, except where they may conflict with lot landscaping close to the street. Street trees and street light locations are shown on the site plans. Street trees and street lights will be field located to avoid conflicts with each other and utilities. Maintenance of all common area landscaping will be done by the Property Owners Associations of the parcel. Additional landscaping will be provided in excess of the minimum required on each individual home lot. Parking Required parking is calculated at one space per bedroom. Each unit will provide a minimum of a two-car garage with two spaces on the driveway. 3 City Council Meeting Date: June 20, 2002 Date Prepared: June 3, 2002 Resolution 93, 2002 SP-02-08 S~qna~e The location of the entrance sign has been noted on both the site and the Common Area Landscape Plan. It is the intention of the developer to submit detailed signage plans at a later date for review and approval by the Building Division, in accordance with the Master Signage Program. Drainage Drainage outfall from these sites will be accomplished by draining into inlets and culverts, outfalling into adjacent lakes which are part of the surface water management system for the project. (See attached plans from Mock-Roos and Associates.) CPTED Compliance In accordance with condition 52, CPTED criteria was established for the overall PCD. Parcel 11 shall comply with the guidelines: ¯If the front entry door is a solid door and has a side pane window, the side window should be located on the opposite side of the door handle and door lock. ¯All sides of the house, including porch areas, are to be equipped with electrical outlets to help facilitate motion sensor security lighting. ¯Entry doors that swing inward are to be equipped with metal frames or other protective measures to "target harden" the doorway and discourage forced entry. (Double doors, glass doors or speciality doors are exempt from this provision.) ¯Out-swinging exterior doors are to be equipped with security hinges. ¯Alarm panels are to be kept out of view from windows. ¯Street trees and street lights will be field located to avoid conflicts between lights and landscaping, including long term tree canopy growth. 4 Waivers City Council Meeting Date: June 20, 2002 Date Prepared: June 3, 2002 Resolution 93, 2002 SP-02-08 Waiver Requests: Mirasol Parcel 11 Requirement Right-of-Way .... Minimum Width Lot Coverage Maximum Allowed Setbacks Building Front Building Side Interior Screen/Accessory/ Pool - Side Interior Screen/Accessory/ Pool- Rear Required 50’ 35% 25’ 7.5’ or 10% of lot width whichever is greater (8’) 7.5’ or 10% of lot width whichever is greater (8’) 10’ Provided 45’ 45% 20’ 7.5’ 5’ 3’ Compliance No No No No No No Waiver Request Yes Yes Yes Yes Yes Yes Staff Recommendation Suppo~ Support Support Support Support Support Waiver Justification The proposed development plan for Parcel Planned Community District regulations. 11 is consistent "with the intent of the The City’s Comprehensive Plan contains several objectives that strive to preserve open space and natural vegetative systems, contain urban sprawl, and conserve natural resources. The waivers proposed by the applicant, including front, rear and side setback, as well as lot coverage, allow for clustering of urbanized areas within smaller locations. The balance of the land may then be preserved as natural open space, furthering the goals of the comprehensive plan. The requested waivers allow the applicant to provide the City with natural open space above and beyond the amount of open space that would be provided by allowing for development based on the requirements set forth by the development standards for Residential Low RL-3. The Code requires 20% (461 acres) of the PCD to be preserved as Community Serving Open Space. The Mirasol PCD provides for over 66% (1530 acres) of the PCD Community Serving Open Space, 877.4 acres of which is restored natural upland and wetland ecosystems. The gross density of the Mirasol PCD is .93 dwelling units per City Council Meeting Date: June 20, 2002 Date Prepared: June 3, 2002 Resolution 93, 2002 SP-02-08 acre. In comparison, PGA National PCD, has 46% open space with a gross density of 2.24 dwelling units per acre and Ballenlsles has 52% open space with a gross density of 1.8 dwelling units per acre. The design of this project is consistent with the intent and purpose of the Planned Community District regulations, and is consistent with the goals and objectives in the comprehensive plan. For these reasons, staff supports and recommends approval of the requested waivers. To date, the Planning and Zoning Commission has recommended approval for six residential parcels (Parcels 1, 4, 8, 9, 10 & 12) that are to be custom single-family homes with similar lot widths, lot coverage and setbacks to those proposed on Parcel 11. PLANNING AND ZONING RECOMMENDATION At its May 9, 2002 meeting, the Planning and Zoning Commission reviewed this application and recommended approval by a vote of 6-1. STAFF RECOMMENDATION Staff recommends approval of Resolution 93, 2002 with conditions of approval included in the resolution. G:/ed/2002/sp0208cc Last Revision: June 3,2002 RESOLUTION 93, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF 25 SINGLE-FAMILY, CUSTOM HOMES, KNOWN AS MIRASOL PARCEL 11, LOCATED WITHIN THE MIRASOL PLANNED COMMUNITY DISTRICT (PCD), 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. WHEREAS, the City of Palm Beach Gardens received an application (SP-02-08) from Taylor-Woodrow Communities, for approval of a site plan to provide for the development of 25 single-family, custom homes, located within the Mirasol PCD, as more particularly described herein; and WHEREAS, the 9.81 acre site, to be known as "Mirasol Parcel 11" is currently zoned "Planned Community District" (PCD) with underlying zoning of Residential Low RL- 3, with a future land-use designation of Residential Low (RL) and a Master Plan designation of Residential Low; 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, the Land Development Regulations, the Mirasol Master Plan, and amended development order; and WHEREAS, on May 14, 2002, the Planning and Zoning Commission recommended approval of this petition. 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 "Mirasol Parcel 11" site plan, as more particularly described in Exhibit "A" attached hereto and incorporated herein, to provide for the development of 25 custom single-family homes located within the Mirasol PCD. SECTION 2. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. Resolution 93, 2002 Date Prepared: June 3, 2002 SECTION 3. Said approval shall be subject to the following conditions, which shall be binding on the applicant, its successors and assigns: (1)Prior to the issuance of the first Certificate of Occupancy, the petitioner shall provide all homeowners association documents language for review and approval by the City Attorney and City Forester, including language designed to protect a designated shade tree on each lot for a formal street tree community program. (City Attorney) (2)Prior to the issuahce of the first Certificate of Occupancy, the applicant shall make provisions in the homeowners association documents to provide means of access to rear yards through common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and governmental entities having jurisdiction. (Planning and Zoning, City Attorney) (3)Street trees and street lights shall be field located to avoid conflicts between lights and landscaping, including long term tree canopy growth. (Planning and Zoning, Police Department) (4)The applicant, successor, or assigns shall consider the following Crime Prevention Through Environmental Design (CPTED) guidelines: (a)If the front entry door is a solid door and has a side panel window, the side window should be located on the opposite side of the door handle and door lock. (b)All sides of the house, including porch areas, are to be equipped with electrical outlets to help facilitate motion sensor security lighting. (c)Entry doors that swing inward are to be equipped with metal frames or other protective measures to "target harden" the doorway and discourage forced entry. (Double doors, glass doors or speciality doors are exempt from this provision.) (Planning and Zoning, Police Department) 2 Resolution 93, 2002 Date Prepared: June 3, 2002 (d)Out-swinging exterior doors are to be equipped with security hinges. (Planning and Zoning, Police Department) (e)Alarm panels are to be kept out of view from windows. (Planning and Zoning, Police Department) SECTION 4. Construction of the site shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)April 30, 2002, Site Plan, Sanders Planning Group, Sheet SP-1. (2)January 25, 2002, Entry/Common Area Landscape Plan, Krent Wieland Design, Inc., 1 Sheet. (3)January 23, 2002, Specific Purpose Survey, Mock-Roos, 2 Sheets. (4)January, 2002 Paving and Drainage Construction Drawings, Mock- Roos, 4 Sheets. SECTION 5. The following waivers are hereby granted with this approval: (1)From Section 78-498 of the LDRs, to permit a 45-foot wide right-of- way. The code requires a minimum right-of-way width of 50 feet. (2)From Section 78-141 of the LDRs, to permit lot coverage of 45%. The code requires a maximum lot coverage of 35%. (3)From Section 78-141 of the LDRs, to permit a front setback of 20 feet. The code requires a minimum front setback of 25 feet. (4)From Section 78-141 of the LDRs, to permit a building side setback of 7.5 feet. The code requires a minimum side setback of 8 feet. (5)From Section 78-141 of the LDRs, to permit a screen/accessory/pool side setback of 5 feet. The code requires a minimum side setback of 8 feet. (6)From Section 78-141 of the LDRs, to permit a screen/accessory/pool rear setback of 3 feet. The code requires a minimum setback of 10 feet. SECTION 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. This Resolution shall be effective upon adoption. 3 Resolution 93, 2002 Date Prepared: June 3, 2002 PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G/ed/2002/sp0208res AYE NAY ABSENT 4 Resolution 93, 2002 Date Prepared: June 3, 2002 EXHIBIT "A" LEGAL DESCRIP~ON A PARCEL OF LAND SITUATE IN SECTION 04, TOWNSHIP 42"SOUTH, RANGE EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED FOLLOWS: 42 AS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 04; THENCE ALONG THE EAST LINE OF SAID SECTION 04, SOUTH 02"27’41" WEST, A DISTANCE OF 2354.66 FEET; THENCE DEPARTING SAID EAST LINE, NORTH 87"52’19" WEST, A DISTANCE OF 2125.87 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 850.00 FEET FROM WHICH A RADIAL LINE BEARS---SOUTH -25°57t10 if- EAST; SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24°54’52 -, A DISTANCE OF 560.85 FEET; THENCE NORTH 58"04’26" WEST, A DISTANCE OF 89.55 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 245.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12;26’16 ", A DISTANCE OF 55.18 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 245.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12"26’16", A DISTANCE OF 55.18 FEET TO THE POINT OF TANGENCY; THENCE NORTH 58"04’26" WEST, A DISTANCE OF 562.11 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 552.50 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22"48’45", A DISTANCE OF 152.59 FEET TO THE POINT OF TANGENCY; THENCE NORTH 60"53’11" WEST, A DISTANCE OF 250.89 FEET; THENCE NORTH 29"06’49" EAST, A DISTANCE OF 140.00 FEET; THENCE NORTH 60"55’11" WEST, A DISTANCE OF 326.93 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 58.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90"00’00", A DISTANCE OF 91.11 FEET; THENCE NORTH 60"55’11" WEST, A DISTANCE OF 15.00 FEET; THENCE NORTH ~2"42’05" EAST, A DISTANCE OF 88.48 FEET; THENCE NORTH 29"06’49" EAST, A DISTANCE OF 115.12 ¯FEET; THENCE SOUTH 60°53’11 " EAST, A DISTANCE OF 98.00 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 198.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52"08’31", A DISTANCE OF 111.07 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°08’51 ", A DISTANCE OF 112.20 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 60"55’11 ~ EAST, A DISTANCE OF 566.08 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 667.50 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22"48’45", A DISTANCE OF 265.77 FEET TO TH~ POINT OF TANGENCY; THENCE SOUTH 58°04’26" EAST, A DISTANCE OK 362.tl FEET -~O-THE POI.N~.OF-.CURVATURE-OF.k-CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 245.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12"26’16", A DISTANCE OF 53.18 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 245.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12"26’16", A DISTANCE OF 53.18 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 38"04’26" EAST;A-DISTANCEOF89.55 FEETTOTHE-POFNT-OFBEGrNNING. CONTAINING 427,177.25 SQUARE FEET OR 9.81 ACRES, MORE OR LESS. FL"~’,i;,~,’,~G & ZONING DEPT, Code Comparison Table: Mirasol Parcel 11 MTE ANAL YSIS: MIRASOL Parcel 11 Use: PCD Allowed Proposed Compliance Waiver Requested Density 5 du/ac 2.55 du/ac yes Open Space minimum of 35%45%yes Minimum Site Area 6500 sf 13,050 sf yes Maximum Lot 35%45%no yes Coverage Maximum Height 36 feet 36’yes Limit (All parcels) Setbacks Building Front Building Side Interior Building Rear 25’ Parking Number Required 7.5’ or 10% of lot width which ever is greater (8’) 10’ Screen/Accessory/7.5’ or 10% of lot Pool - Side Interior width which ever is greater (8’) Screen/Accessory/10’ Pool - Rear 20’ 7.5~ no no yes yes 10’yes yes1 space per bedroom 1 space per bedroom 5’no yes 3’no yes o ®~oz ~o~ o~ ~o . o o Taylor Woodrow CommunitiesM irasol Site Plan at Mirasol, LTD 11300 Mirasol BoulevardParcel 11 SF 90’x 145’Palm Beach Gardens, FL 33418 (561) 622-1730 ~Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft. Lauderdale, FL 33308 (954) 491-8890 ¯ ..~’~,’J~"(~,~’O~ Parcel Eleven- Talavera PARCEL FEATURES PALM BEACH GARDENS,FLORIDA om Z " 11 OOMMUNmE8 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 31, 2002 Meeting Date: June 20, 2002 Subject/Agenda Item: Consideration of Resolution 95, 2002, approving a Joint Participation and Project Funding Agreement with Seacoast Utility Authority relating to the widening of the eastern portion of Burns Road. Recommendation: Approval of Resolution 95, 2002 Reviewed by: City Attorney .~ City Engineer Submitted by: City Attorney(/~ Originating Dept: City Attorney ~’- Advertised: Date: Paper: [ X] Not Required Affected parties: "[ ] Notified [ X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Memorandum to. Council Resolution 95, 2002 Joint Participation and Project Funding Agreement M E M O R A N D U M WA-n-ERSON, HYLAND & KLETT, P.A. To: From: Subject: Date: CC: Hon. Mayor and City Council Leonard G. Rubin, City Attorney ~ Approval of Joint Participation Agreement with Seacoast May 31,2002 Ron Ferris, City Manager This is a request for approval of a Joint Participation and Project Funding Agreement with Seacoast Utility Authority relating to the widening of the eastern portion of Burns Road. In conjunction with the City’s construction project, Seacoast desires to install certain utility improvements which were included in the bid package for Burns Road. The Agreement provides a mechanism for Seacoast to pay to the City all costs attributable to the construction of its utility improvements along the Burns Road right-of-way. Seacoast will be responsible for performing all special services related to the construction of the utility improvements, including inspections and certification of the improvements. The City Council approved the Joint Participation and Project Funding Agreement for the western portion of Burns Road on May 30, 2002. Should you have any questions relative to the foregoing, please do not hesitate to contact this office. P:\CPWin\HISTORY\020510A\446.AA(319.055)163 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 95, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A JOINT PARTICIPATION AND PROJECT FUNDING AGREEMENT WITH SEACOAST UTILITY AUTHORITY RELATING TO THE WIDENING OF THE WESTERN PORTION OF BURNS ROAD; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in conjunction with the City’s widening of the eastern portion of Burns Road, Seacoast Utility Authority ("Seacoast") desires to construct certain utility system improvements which were included within the bid package for the Burns Road project; and WHEREAS, in order to make the best use of their resources, the City and Seacoast desire to enter into a Joint Participation and Project Funding Agreement whereby Seacoast agrees to pay all costs attributable to its utility system improvements; and WHEREAS, the City Council approved a Joint Participation and Project Funding Agreement for the western portion of the Burns Road project on May 30, 2002; and WHEREAS, the City Council determines that the execution of the Joint Participation and Project Funding Agreement is in the interest of the health, safety and welfare of the citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the Joint Participation and Project Funding Agreement with Seacoast Utility Authority, attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes and directs 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 -1- 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 OF ,2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND SEACOAST UTILITY AUTHORITY FOR JOINT PARTICIPATION AND PROJECT FUNDING IN CONSTRUCTION OF BURNS ROAD EAST WIDENING PROJECT THIS AGREEMENT, made and entered into this ~ day of 2002, by and between the CITY OF PALM BEACH GARDENS, a Florida Municipal corporation, hereinafter referred to as "CITY~’ and SEACOAST UTILITY AUTHORITY, a separate Florida legal entity, hereinafter referred to as the "AUTHORITY". WITNESSETH: and WHEREAS, CITY intends to construct improvements to Burns Road, hereinafter "Project"; WHEREAS, AUTHORITY desires to construct water distribution and or sewage transmission systems, utility adjustments and other utility system improvements, hereinafter "Improvements"; and WHEREAS, CITY and AUTHORITY desire to jointly participate in the construction of the Improvements and the Project in order to make the best use of the CITY and AUTHORITY resources; and WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on the basis of mutual advantage and thereby provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, both CITY and AUTHORITY declare that it is in the public interest that the Improvements be constructed with the Project; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties agree as follows: 1.The purpose of this Agreement is to clarify the parties’ roles and obligations regarding procurement, construction and funding of AUTHORITY’s Improvements to be constructed in conjunction with the Project. 2.AUTHORITY agrees to fund and pay directly to CITY costs attributable to construction of the Improvements along the right-of-way of the Project as outlined and shown in the Bid Documents for City of Palm Beach Gardens Project #00-4107 B. 3.Said cost for the Improvements is Two hundred nineteen thousand six hundred sevenS" and 00/100 dollars ($219,670.00), in accordance with the attached bid tabulation (Attachment 4.Costs shall be adjusted to actual contract costs for the Improvements using contract unit prices and actual construction quantities. Said quantities shall be measured by CITY’s Engineering and Public Works Department in conjunction with AUTHORITY’s Engineer and reviewed by AUTHORITY at the time of the contractor’s monthly pay application. AUTHORITY shall return to the CITY said monthly pay application(s) within five (5) working days of receipt same from the CITY. 2 5.AUTHORITY agrees to remit periodic payment(s) for the Improvements as set forth in Paragraphs 2 through 4 above within thirty (30) days of receiving written notice from the CITY that payment is required. Agreement. CITY is to be responsible for administering the funds in accordance with this 7.AUTHORITY is to be responsible for, and agrees to provide or cause to be performed all inspection services related to the Improvements during construction of the Improvements, including certification of the Improvements. 8.CITY shall obtain AUTHORITY’s written approval which approval shall not be unreasonably withheld for any change orders which change the cost attributable to the construction of Improvements. AUTHORITY shall notify CITY of its intent to approve or deny the change order within five (5) working days of CITY’s notice to the AUTHORITY of the necessity for a change order relating to the Improvements. AUTHORITY shall be responsible for any costs caused by AUTHORITY’s delays, including but not limited to Project delays. CITY shall be responsible for any costs caused by CITY’s delays, including but not limited to Project delays. 9.In the event that the parties determine that additional Improvements and additional funding are required, for the satisfactory completion of the Improvements, the additional cost attributable to the construction of the Improvements, as outlined in the specifications for this project, is the responsibility of AUTHORITY. In the event of an "under run" attributable to said construction of the Improvements, AUTHORITY will be credited or refunded the excess amount. 10.The parties to this agreement shall not be deemed to assume any liability for the negligent or wrongful acts or omissions of the other party. Nothing contained herein shall be construed as a waiver by either party of the liability limits established in Section 768.28, Florida Statutes. 11.In the event a claim or lawsuit is brought against CITY its officers, employees, servants, or agents, AUTHORITY agrees, without waiver of limitation as provided for in Section 768.28, Florida Statues, and to the extent permitted by law, to indemnify and hold harmless CITY, its officers, employees, servants or agents from and against any claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that CITY, its officers, employees, servants or agents may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement arising out of any act, omission or fault whether active or passive of AUTHORITY or anyone acting under its direction or control, or on its behalf in conjunction with or incidental to the performance of this Agreement. 12.In the event a claim or lawsuit is brought against AUTHORITY, its officers, employees, servants, or agents, CITY agrees, without waiver of limitation as provided for in Section 768.28, Florida Statutes, and to the extent permitted by law, to indemnify and hold harmless the AUTHORITY, its officers, employees, servants or agents from and against any claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that the AUTHORITY, its officers, employees, servants or agents may or could sustain as a result of or emanating out of the terms and conditions contained in this Agreement whether arising out of any act, omission or fault whether active or passive of the CITY or anyone acting under its direction or control, or on its behalf in conjunction with or incidental to the performance of this Agreement. 13.All provisions of this Agreement calling for the expenditure of money by either CITY or AUTHORITY are subject to annual budgetary funding and should either Party fail to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. However, once the construction of Improvements commences this Agreement shall be binding upon 4 the parties and shall no longer be contingent upon the availability of funds for the proposed Improvements. AUTHORITY shall not have the right to terminate this Agreement for the reason that sufficient funds are not available for the Improvements. Further, once the CITY commences construction of Improvements, the Improvements shall be prosecuted to completion, unless the AUTHORITY notifies CITY in writing that further work on the Improvements shall cease. In that event AUTHORITY shall be responsible for all costs incurred relating to the Improvements. 14.Any and all notices required or permitted to be given hereunder shall be deemed received when hand delivered or three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to the AUTHORITY shall be sent to: Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, FI 33410 Attn: Richard Bishop, Executive Director All notice to the CITY shall be sent to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, F1 33410 Attn: Ronald M. Ferris, City Manager and copy to: Watterson, Hyland and Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, FL 33410 Attn: Leonard G. Rubin, City Attorney 15.Any costs or expenses, including reasonable attorney’s fees, associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective party who incurred same provided, however, that this clause pertains only to the parties to this Agreement. 16.Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 17.This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereinafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. 18.The preparation of this Agreement is considered a joint effort of the parties and the resulting document shall not as a matter of judicial constraint be construed more severely against one of the parties than the other. 19.CITY and AUTHORITY agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, martial status or sexual orientation, be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 20.In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 21.This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Agreement. 6 IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and year first above written. SEACOAST UTILITY AUTHORITY, by its Governing Board CITY OF PALM BEACH GARDENS, FLORIDA, by its City Council By: Robert Weisman, Chair By: Eric Jablin, Mayor Mary ~ A~tho-~-y Cl~rk ATTEST: Blane Kauthen, Deputy City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~s~c~uthority Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. Leonard G. Rubin, City Attorney \PBGSUBO R\CITYEAST.wp :042202 89:14 LBFH PALM CITY FL 561 286 3925 BID PROPOSAl. FOR BURNS ROAD EAST OF GARDI~S EAST BOULEVARD TO PROSPERITY FARMS ROAD trtespox-t~,m, ~ a~l ~ ~ ~ complete ixn~,llatt~ ~ ~ ~e ~ ~d spe~_om. ¯ -.~iJA-ol SU,&-or] SUA..e3 SUA4M SUA-O7 SUA,~ SU&-ll SUA.oLT. SUAoI4 SU&-I.5 ~.SUA-16 SUA47 ¯ SUA P.85/87 r lo.&cw ~ "- xm $ 33.00. $ 3,300.’00 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 11, 2002 Meeting Date: June 20, 2002 Subject/Agenda Item: Consideration of Resolution 96, 2002, authorizing the Mayor and City Clerk to execute a Utility Easement in favor of Florida Power and Light Company Recommendation: Approval of Resolution 96, 2002 Reviewed by: City Attorn~~--~ Submitted by: City Attorn~ Appr~ City Man~iger(/ Originating De~,,.~ City Attorney Advertised: Date: Paper: [ X] Not 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 96, 2002 Utility Easement Explanation: Before connecting service to the newly constructed Fire Station No. 3, FPL is requiring the grant of an easement to operate and maintain its utility lines. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 96, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A UTILITY EASEMENT IN FAVOR OF FLORIDA POWER AND LIGHT COMPANY RELATING TO THE CONSTRUCTION OF FIRE STATION NO. 3; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Power and Light has requested a utility easement in order to install, operate and maintain the utility lines providing service to the newly constructed Fire Station No. 3 on Howell Lane; and WHEREAS, the City Council determines that the grant of such easement is in the best interests of the health, safety and welfare of the 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 this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby authorizes and directs the Mayor and City Clerk to execute a Utility Easement in favor of Florida Power and Light Company, as attached hereto as Exhibit "A" and incorporated herein by reference. 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 ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- PREPARED BY AND RETURN TO: Leonard G. Rubin, Esquire Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 UTILITY EASEMENT THIS UTILITY EASEMENT is made this __. day of ,2002 by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ("Grantor") and FLORIDA POWER & LIGHT COMPANY, a Florida public utility ("Grantee"). WITNESSETH: That said Grantor, in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid, the receipt of which is hereby acknowledged, hereby grants unto Grantee, its licensees, agents, successors and assigns, a perpetual easement for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to installed from time to time with the right to reconstruct, improve, add to, enlarge, change the voltage and size and to remove such facilities within a strip of land fifteen (15) feet width lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF BY REFERENCE. The utility lines shall be constructed so that the easement does not extend under any permanent building improvement which is existing or under construction at the time of the utility construction. Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate same for communications purposes; the right to trim and cut and keep trimmed all dead, weak, leaning or dangerous trees or limbs which might interfere with or fall upon the lines or systems of communications or power transmission or distribution. In exercising any of Page 1 of 2 its rights under this Utility Easement, with the exception of trimming or cutting trees as permitted above, Grantee shall restore the property to the condition existing prior to the exercise of such rights. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, the GRANTOR has caused this Utility Easement to be executed the day and year first above written. Grantor: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor Attest: Patty Snider, City Clerk STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this__ day of 2002, by Eric Jablin, Mayor, and Blane Kauthen, Interim City Clerk who are personally known to me or has produced as identification and who did take an oath. NOTARY PUBLIC Print Name: My Commission Expires: P:\CPWin\HISTORY~011106A\43F.C5(319.062)lgr-doc122 Page 2 of 2 JUN-I 1-20E~Z I~48 LBFH PRL.H CITY FL 286 3925 P.03/84 TH~S IS NOT A SURVEY FLORIDA POWER AND LIGHT SUBSTAqqON SURVEYOR AND- M’APPER’S SIGNATURE I. UNLESS IT BE~R$ THE ~GNATURE AND ~RIGINAL RAISED SEAL OF A FLORll)A LtCEHSED SURVEYOR AND MAP~EI~, THIS MAP/REPORT iS FOR iNFQRMATIONAL PURPOSES ONLY~AND. ~ NOT 2. NO SEARCH ~)F ~/~,4E #I I~C RE~;~DROS HAS 8EEh MAI3¢’ BY TWtS OFFICE, 3. FIELD OATA ~Rq~IDED ~’~UPlT~ SURVEYING,. ~HARL_rS H. AI~ER..~(~N, P |OFE-’~EtlO,N&L SVRV~OI~ & MAPPER STATE ~ rI.ORIDA NO. 4~g2, LB,F,H. CERTIFICATE NO. LB gEg UNDAHL, "~ROWNINC., ER~,RAR,~I & HELI~0’M. 3~D S.W. C~PO~TE P~KWAY P~LM ~, FLC~IDA W~Sr ~AL~ 8~W P,~ cr~ r~T PlER~OK~CHOgEE Ili Re!d N/A Date C~#uted CH/k 6-11-02 Checked PV REVISIONS: Sheet 1Of 2 PROJECT NAME: CITY OF PALM BEACH GARDENS HOWELL LANE FIRE/POLICE STATION LEGAL DESCRIPTION & SKETCH 14:48 LBFH PALM CITY FL DESCRIPTION: 561 286 3925 P,84/84 SURVEY NOTES 1) THIS IS NOT A SURVEY. 2) BEARINGS ARE BASED ON THE SOUTH L!NE OF SECTION ’~4, TAKEN TO BEAR NOR]H 88’30’27" WEST AND ALL. OTHER BEARINCS SHOWN HEREON A~[ ~ELA~VE TNERETO, 5) FOR ~DITIONAL SURLY INFSRMA~ON, SEE BOUNDARY & TOPOGRAPHIC SURVEY PREPARED BY L.B.F.H., ~NC, ~TLED: CITY OF PA~ BEACH GARDENS, HO~LL LANE- 8 ACRES, #RAWING NO. 99~056S02, SHEET 1 OF 1, DATED 9/16/99. 3. AS-BUILT DATA FROM JUPITER SUR~NG 1)R/W = RIGHT-OF-WAY. 2)ORB = OFFICIAL RECORDS 3)PC. = PAGE. 4)SQ. = SQUARE 5)FT. = FEET 5)FPL = FLORIDA POWER & LIGHT ,VICINITY, K TCH NOT TO SCALE A PARCEL OF I.~NO LYING IN 1HE WEST HALF OF THE 8OUTHEA~;T ONE.QUARTER (SEI/4.)~ SOUTHEA~"I’ ONE-QUARTER (~E1/4), SOUTHEABT ONE.QUARTER (SEl14) OF SECTION 14, TOWNSHIP ,~;~ SOUTH, RANGE 42 EAST PALM BEACH COUNTY, FLORII:P,, AND BF.JNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE Sou’rHE/~.RT CORNER OF 8AID SECTION 14, TOWNSHIP 42 SOUTH, RANGE 42 EAST; THENCE NOITI]-I aBo30~rr W~ST, ALONG THE SOUTH LINE OF BAlD ~ECT1ON ’14, A DII~TANCE OF 366o51 FEET TO THE POINT OF BEGINNING OF THE OENTERLINE O~ A FIF-I~EN FOOT (15.01Z) E~.£EMENT (SEVEN AND A HALF FEET (T.,.~Y)) TO EACH S/DE OF THE FOLLOWING DF.SCRIBED LINE; THENCE NORTH 04"2}’22" EAST, A DISTANCE OF 41.12 FEET; THENCE NORTH 19"27"10" FAST, A DISTANCE OF 16.l~ FEET: THENCE NORTH 29°58"01" EAST, A DISTANCE OF 43.52 FEET; THENCE NORTH 01 ’44~52" EAST, A DISTANCE OF IT4.Qg FEET TO REFERENCE 1~31Nr "A" ; THENCE CONTINUE NORTH 01=44’62=’ E/~T, A DISTANCE OF 3~.~0 TO A POINT IN THI~ NORTH LINE OF THE SE t/=l OF 3’HE 8E 1/4, OF THE; .~E !/4 OF ~,113 SECTION 14 AND THE POINT OF TERMINATION, BEGINNING AT REFERENCE POINT "A" THENCE NORTH 88"42"00" WEST, A DISTANCE OF 2t .52 FEET TO THE POINT OF TERMINATION. THIS IS NOT A SURVEY I.JNDA~I’L BROWNING, FERRARi & HELLSTROM, ~NC.I Scale " 3~0 $.W. ~RPO~ PARKWAY Field REVISIONS: PROJECT NAME: CITY OF PALM BEACH GARDENS HOWELL LANE FIRE/POUCE STATION Checked PV FPL EASEMENT N/A 2 Of 2 Druwing"’ No. Field Book N//A Projec~ gg-4056 TOTAL P, 04 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: June 20, 2002 Date Prepared: May 31, 2002 SUBJECT/AGENDA ITEM Petition MISC-02-01 - San Michele Minor PUD Amendment Public Hearing and Second Reading of Ordinance 20, 2002: A request by Urban Design Studio, on behalf of Forest Lake Associates, I_.C., San Michele-Palm Beach Limited Partnership, and Gordon Homes, Inc., for approval of minor amendments to the size, location, and configuration of drainage easements and lakes, approval of a temporary sales center, and modification of side setbacks for selected lots within the San Michele PUD, which is located at the northwest corner of Central Boulevard and Hood Road. (25/36-41 S-42E) RECOMMENDATION Staff recommends approval of Ordinance 20, 2002, with conditions and the waiver for the side setback. Reviewed by: Principal Planner ~’ ~ Talal Benothm~CP City At t o r n e ~(_/.~(-.~_./ Leonard G. ~ubin Development # Compliance /..2 (~J Bahareh Wolfs, AICP Submitted by: Growth/~-’~ Mana.o/en~Jnt i Direct r~_~_(~ ~’. Charles K. Wu, AICP Approved by~,~ City Ronald M. Fer~1s / Originating Dept.: Growth Management: Project (’~ Managei%~ Jackie H II~man Planner .,Advertised: Date: June 6, 2002 Paper: Palm Beach Post [ ] Not Required Affected parties: [X] Notified [ ] 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 [X]Rec. app. w/conds. 7-0 [ ] Rec. Denial [ ] Continued to: Attachments: ¯ Ordinance 20, 2002 ¯ Ordinance 4, 2000 ¯Waiver request and justification ¯Reduced Plans [ ] None City Council Ordinance 20, 2002 Meeting Date: June 20, 2002 Date Prepared: May 31, 2002 Petition MISC02-01 BACKGROUND San Michele is an approved 64.47-acre single-family custom home Planned Unit Development (PUD), with 90 lots that typically range in width from 75 feet to 90 feet. The PUD is located at the northwest corner of the intersection of Central Boulevard and Hood Road, and was approved by the City Council on June 1, 2000, with the adoption of Ordinance 4, 2000. Subsequent to the original approval, the City Council has approved the project clubhouse, signage, and gatehouse plans. This request includes modifications to the Master Site Plan to accommodate changes to drainage easements and lake configurations, which resulted from the final requirements of Northern Palm Beach County Improvement District’s (Northern) Unit 2 drainage plans, details of the temporary sales center, and a request for modification of side setbacks for selected lots. Development of the common areas will remain the responsibility of the master developer, Forest Lake Associates. Development of the 75-foot wide lots (lots 1 through 49) will be by San Michele-Palm Beach Limited Partnership (Sterling Communities), and development of the 90-foot wide lots (lots 50 through 90) will be by Gordon Homes. LAND USE & ZONING The future land-use designation for this property is Residential Low (RL). The site is zoned Residential Low Density - 3 (RL-3), with a Planned Unit Development (PUD) overlay. CONCURRENCY The site is vested in terms of concurrency. PROJECT DETAILS This request for a PUD amendment incorporates an increase in width and location adjustments for several drainage easements as well as the re-configuration of the lakes and canals located south of the entrance roadway. These modifications are required to accommodate the ultimate design criteria approved as part of Northern’s Unit 2 drainage plan approvals. As a result of the increase in width of the drainage easements, the applicant is requesting consideration of side setback waivers for those lots affected by the increased width of the easements (lots 66, 67, 72, 73, 77, 78, 85, and 86). The Master Plan has also been amended to include the location of the sales center and the models. Landscaping/Screeninq Because of a reduction in the available landscape space, and the desire to provide appropriate screening, the applicant would also like to extend the approved eight-foot wall 2 City Council Ordinance 20, 2002 Meeting Date: June 20, 2002 Date Prepared: May 31, 2002 Petition MISC-02-01 and make it part of the buffer system east of the new lake to screen the homes west of the lake. This buffer section is proposed to include plant material, which blends the proposed entrance to the north with the native buffer to the south. The wall will be screened with the use of multiple layears of plant material including Sable Palms, Ligustrum Trees, Wax Myrtle, Buttonwoods, Cocoplum, grasses and groundcovers. The inside of the wall will also be planted with palms and grasses. Temporary Sales Trailer The applicant is proposing a temporary sales trailer for a time not to exceed five years, or until spring 2007. The proposed trailer contains 2,028 square feet, and requires seven parking spaces. Six parking spaces are provided at the adjacent model homes, with the handicap parking provided on the same lot as the sales center. Extra parking will also be available at the clubhouse, although this parking has not been used to meet the required parking for the sales center. Staff is currently working On amending the Code to limit the time period for all trailers. As a condition of approval, the applicant will be required to adhere to all applicable code regulations, including zoning in progress (eg: revisions to the Code addressing temporary sales trailers). Waiver Code Section Section 78-141 Side Setback for RL-3 (greater of 7.5" or 10% of lot width) Required 9.46 - 10 feet (for lots 66, 67, 72, 73, 77, 78, 85, and 86) Provided Nine (9) feet (for lots 66, 67, 72, 73, 77, 78, 85, and 86) Waiver Between 0.46 feet and 1 foot Recommendation Support (1) The applicant’s justification for this waiver is attached to this report. (1)Staff supports the waiver from the 10% lot width side setback requirement. The waiver is being requested for only eight lots, because Northern Palm Beach County Improvement District needed to widen the adjacent drainage easements, thereby reducing the buildable area for the lots in question. The request of this waiver was not necessitated by an action of the applicant. The range within which the eight lots in question fall short of the code requirement is 0.46 feet for the 94.6-foot wide lots, to 1 foot for the 100-foot wide lots. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 20, 2002, with the following conditions of approval and the one requested waiver above: 3 City Council Ordinance 20, 2002 Meeting Date: June 20, 2002 Date Prepared: May 31, 2002 Petition MISC-02-01 ° All landscaping shall at a minimum meet the City’s landscape requirements. (City Forester) Prior to the final Certificate of Occupancy for the sales trailer and the models, fire service water (including fire hydrants) shall be installed, inspected and approved by the City. (Fire Department) The handicap parking space shall fully comply with the requirement of the American’s with Disabilities Act (ADA), including having a handicap sign and symbol in the space. (City Engineering) The applicant, successors or assigns shall adhere to all applicable code regulations, including zoning in progress (eg: revisions to the Code addressing temporary sales trailers). (Code Enforcement) PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition at its April 9, 2002 meeting, and unanimously voted to recommend APPROVAL per Staff’s recommendation with one change; the Commission voted to recommend approval of the applicant’s request to waive the 25-foot front setback requirement for Lots 13, 31, 32, 35, 36, 38, 39,and 40. CITY COUNCIL At its May 30, 2002, City Council voted 4-0 to approve first reading of Ordinance 20, 2002, with conditions and the waiver for side setbacks for Lots 66, 67, 72, 73, 77, 78, 85, and 86, because of the widening of the drainage easement from 20 feet to 30 feet. However, City Council denied on first reading the requested waiver from the 25-foot front setback for Lots 13, 31,32, 35, 36, 38, 39, and 40. The applicant has since withdrawn the request for this front setback waiver. g/jackie:SanMichele/misc0201cc stf 2 ph.doc 4 May 31, 2002 ORDINANCE 20, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF FOREST LAKE ASSOCIATES, L.C., SAN MICHELE- PALM BEACH LIMITED PARTNERSHIP, AND GORDON HOMES, INC. FOR APPROVAL OF AN AMENDMENT TO ORDINANCE 4, 2000, TO PERMIT MINOR CHANGES TO THE SIZE, LOCATION, AND CONFIGURATION OF DRAINAGE EASEMENTS AND LAKES, APPROVAL OF A TEMPORARY SALES CENTER AND MODIFICATION OF SIDE SETBACKS FOR SELECTED LOTS WITHIN THE 64.47-ACRE "SAN MICHELE" PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT THE NORTHWEST CORNER OF CENTRAL BOULEVARD AND HOOD ROAD AND MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR AWAIVER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received a request from Forest Lake Associates, L.C., San Michele-Palm Beach Limited Partnership, and Gordon Homes, Inc., for approval of an amendment to the approved "San Michele" Planned Unit Development (PUD) as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 64.47-acre site has a Residential Low (RL)land-use designation, and is zoned Residential - Low Density 3 (RL-3) with a Planned Unit Development (PUD) overlay; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Planning and Zoning Commission unanimously voted 7-0 on April 9, 2002, to recommend approval of said petition. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves an amendment to the "San Michele" Planned Unit Development (PUD), thereby permitting changes to the size, location, and configuration of drainage easements and lakes, approval of a temporary sales center and modification of side setbacks (Lots 66, 67, 72, 73, 77, 78, 85, and 86). Section 2. The City Council hereby amends Ordinance~ 4, 2000, to add the following Ordinance 20, 2002 May 31, 2002 conditions of approval, which shall be binding on the applicant, its successors and assigns: All landscaping shall at a minimum meet the City’s landscape requirements. (City Forester) Prior to the final Certificate of Occupancy for the sales trailer and the models, fire service water (including fire hydrants) shall be installed, inspected and approved by the City. (Fire Department) The handicap parking space shall fully comply with the requirements of the Americans with Disabilities Act (ADA) and Section 553.5041, Florida Statutes, including, but not limited to, having a handicap sign and symbol in the space. (City Engineering) The applicant, successors or assigns shall adhere to all applicable code regulations, including zoning in progress (e.g., revisions to the Code addressing temporary sales trailers). (Code Enforcement) Section 3. The City Council hereby amends Ordinance 4, 2000, by granting the following waiver with this approval: Section 78-141 of the City’s Land Development Regulations (LDRs)that requires between a 9.46-foot and a 10-foot side setback for Lots 66, 67, 72, 73, 77, 78, 85, and 86, to allow these lots only to have as little as a 9-foot side setback. Section 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department (dates represent the date plans are received and stamped in): 2. 3. 4. 5. o Master Plan PUD by Urban Design Studio, Inc., and date stamped (May 31, 2002) into the Planning and Zoning Division, Sheet SP-1 (1 sheet total). Sales Office and Garden Walk by Lang Design Group, and date stamped (May 31,2002) into the Planning and Zoning Division, Sheet H-1 of 3 (1 sheet total). Sales Office by Lang Design Group, and date stamped (May 31,2002) into the Planning and Zoning Division, Sheet H-2 of 3 (1 sheet total). Sales Office and Garden Walk by Lang Design Group, and date stamped (May 31,2002) into the Planning and Zoning Division, Sheet H-3 of 3 (1 sheet total). Sales Office Planting Plan and Specifications by Lang Design Group, and date stamped (May 31,2002) into the Planning and Zoning Division, Sheets Lol of and L-2 of 2 (2 sheets total). Modular Structure Plans by Southeast Modular Manufacturing, and date stamped (May 31,2002) into the Planning and Zoning Division, Sheets 1 of through 7 of 7 (7 sheets total). Central Boulevard Buffer Section C-C’ and Buffer Plan C-C’, Urban Design Studio, dated stamped May 31,2002, 2 sheets. 2 Ordinance 20, 2002 May 31, 2002 Section 5. All other provisions of Ordinance 4, 2000, remain in full force and effect, to the extent not modified herein. 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. 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 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS ,,¢o f~ DAY OF f~.#Y 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. MAYOR ERIC JABLIN COUNCILMEMBER DAVID CLARK VICE MAYOR CARL SABATELLO COUNCILMEMBER JOSEPH R. RUSSO COUNCILMEMBER ANNIE DELGADO ATTESTED BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY: PATRICIA SNIDER, CITY CLERK LEONARD G. RUBIN, CITY ATTORNEY 3 Ordinance 20, 2002 May 31, 2002 VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNClLMEMBER DELGALDO COUNClLMEMBER RUSSO AYE NAY ABSENT g/jackie: san michele/misc0201 .or2 4 Ordinance 20, 2002 EXHIBIT "A" ¯ LEGAL. DE$~O]~ ¯ PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH, RANGE :42 EAST, PALM BEACH COUNTY, FLORID.,~, BEING MORE PARTICULARLY . DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT.OF-WAY LINE OF DONALE) ROSS ROAD WITH THE WEBT RIGHT,OF-WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00’~45’CM’’ WEST, ALONG SAID WEST RIGHT-OF-WAY ¯ LINE, A DISTANCE OF 3S05.0~ FEET FOR A POINT OF EiEGINNING, THENCE, CONTINUE SOUTH 00":48’04" WEST, ALONG SAID WEST RIGHT.OF-WAY LINE, A DISTANCE OF 1557.97 FEET TO THE INTERSECTION THEREOF WITH THE "|~NORTH _IN= OF SAiD SECTION 36; THENCE, CONTINUE SOUTH 00°48’04 ’’ WEST, ALONG SAID WEST RiGHT-OF-WAY LINE. A DISTANCE OF 1392.07 FEET TO THE INTERSECTION THEREOF WITH THE NORTH RIGHT-OF-WAY LINE OF HOOD ROAD; ¯ THENCE, NORTH 88°08’02 ’’ WEST, ,ALONG SAiD NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 958.57 FEET _TO THE INTERSECTION THEREOF WITH THE WEST LINE-QF 8AID SECTION 38; THENCE, NORTH 00~48’04’’ EAST, ALONG 8AID WEST LINE OF SECTION 36, A DISTANCE OF 1~"&~2_92 FEET TO THE NORTHWEST CORNER OF SAID SECTION 35; SAID NORTHWEST CORNER ALSO BEING THE 8OUTHWEST CORNER OF SAID SECTION 25; THENCE, NORTH 01’~I7’32 ’’ EAST, ALONG THE WEST LINE OF SAID SECTION 25, A DISTANCE OF .1589.36 FEET¯; THENCE, SOUTH 89’=’~1’56 ’’ EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 9 ...’~-.95 FEET TO THE POINT OF BEGINNING. Ordinance 4, 2000 Date Prepared: May 22, 2000 ORDINANCE 4, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF FOREST LAKE ASSOCIATES, L.C. FOR REZONING OF 64.47 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND HOOD ROAD AND MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) RESIDENTIAL - LOW DENSITY 3 (RL-3) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER CONSTRUCT 90 SINGLE-FAMILY HOMES; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Forest Lake Associates, L.C. for approval for rezoning of 64.47 acres of land located at the northwest corner of the intersection of Central Boulevard and Hood Road, to Residential- Low Density 3 (RL-3) with Planned Unit Development (PUD) overlay as more particularly described Exhibit "A" attached hereto; WHEREAS, the 64.47-acre site is currently zoned Planned Development Area (PDA); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the planned unit development (PUD) known as "San Michele"; and WHEREAS, the City’s Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. 15 Ordinance 4, 2000 Date Prepared: May 22, 2000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby rezones 64.47 acres of land owned by Forest Lake Associates, L.C. located at the northwest comer of the intersection of Central Boulevard and Hood Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Residential - Low Density (RL-3) with a Planned Unit Development (PUD) overlay, in order to allow the construction of single-family homes. The PUD will be known as "San Michele." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: o Prior to the issuance of the first building permit, the applicant shall submit a gopher tortoise relocation and management plan that is acceptable to the City and the City’s Consulting Environmental Consultant. (Pla.n.ning & Zoning) Prior to the issuance of the 45"~ house building permit, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System (including landscaping and related amenities to City specifications, in the road shoulders and median within the right-of-way) along Hood Road and Central Boulevard, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. (City Forester) Prior to the issuance of the 45~ house building permit, the clubhouse and pool recreation area shall be completed. (Planning & Zoning) Prior to the adjacent lot wall/fence being installed or constructed on the northern and western boundaries of the site, all perimeter buffer landscaping or preserve restoration, exotic plant removal and/or enhancement work shall be completed. (City Forester) Prior to the issuance of the first certificate of occupancy, the applicant shall submit the Homeowners Association (HOA) documents to the City for review by the City’s legal counsel and the City Forester. The open space/landscape maintenance and environmental presewe management plan will also have to be found sufficientby the City Forester prior 16 o 11. Ordinance 4, 2000 Date Prepared: May 22, 2000 to final approval of construction drawings or commencement of land alteration. The City shall review the HOA documents for maintenance and management language that meets or exceeds the City’s guidelines included in the City’s Landscape Handbook and City Codes. (Planning & Zoning)" The Home Owners Association (HOA), as required by the HOA documents, shall maintain landscaping and irrigation within the medians and road shoulders along the entire length of the development of Hood Road, Central Boulevard and the future road along the northern boundary, in perpetuity, except for the portion of Central Boulevard which Gardens Presbyterian Church is required to install. The applicant, successors and assigns shall be responsible for one half of the maintenance obligation for the portion of the median installed by Gardens Presbyterian Church. The City shall require, as a condition of approval of any new project located on the north, south or east of these adjacent road systems, that they bear their proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the HOA shall automatically become a member of said District. This condition shall also be made a part of the HOA documents. (City Forester) The security gates shall be equipped with a Knox key switch to provide the Fire Rescue Department with emergency access (Standard Fire Prevention Code 602.6.7). (Fire Department) The applicant shall return to the Planning and Zoning Commission and City Council, for approval of the site plan and building elevations for the proposed clubhouse, the landscaping details for the clubhouse, detailed park site and landscaping plans, and the elevations of the all signs. This approval shall be done as a miscellaneous petition, and shall not require public hearings. (Planning & Zoning) Prior to construction plan approval, $62,500 (the money in lieu of parkland) shall be paid to the City. (Parks & Recreation) There shall not be any man-made berming or non-native vegetation within the perimeter open spaces/parkway areas that are platted as preserves. (City Forester) No land clearing, other than exotic invasive vegetation, shall occur prior to the posting of a surety bond for the preserves and off-site landscaping. The amount of said surety bond shall 17 12. 13. 14. 17. Ordinance 4, 2000 Date Prepared: May 22, 2000 be determined prior to said land clearing. (City Forester) Pursuant to Article III, Section 114-71, entitled "Required Subdivision Improvements", prior to the issuance of the first building permit for vertical construction, the applicant shall be required to post a bond for the project landscaping/buffer and entry feature. In order to determine the cost estimate for the bond, detailed landscape plans shall be completed, reviewed and approved by the City Staff, including the City’s Environmental Consultant. Where wetlands are being converted to upland forest, and where poor quality uplands are being restored (as in the 0.42 area B), typical minimum- planting plans for a specific area may be approved. The applicant shall relocate native vegetation from on site to, and/or install native nursery stock in the north, south and east parkway/preserve areas to screen (at a minimum) 50% of the eight-foot interior wall around the project. (Planning & Zoning) Prior to the issuance of the final certificate of occupancy, the applicant, successors or assigns shall provide a bus stop pull- off and shelter completely out of the right-of-way or a bus stop turn around in front of the access control point. The size and location of the school bus stop shall be coordinated with the City of Palm Beach Gardens, Palm Beach County, and the School District. The applicant shall be relieved of this responsibility if the Palm Beach County School Board will allow their buses to enter this community to pick up students at the community center. (Planning & Zoning) The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) The HOA shall maintain all lakes on the site. (Planning Zoning) Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) Rear elevations of all units located along public rights-of-way shall be enhanced with the use of stucco banding, window treatments, and architectural detailing compatible with the architectural characteristics of the front elevations of the 18 18. 19. 20. Ordinance 4, 2000 Date Prepared: May 22, 2000 homes. (Development Compliance Officer) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) The build-out date of this project is December 31, 2004 as referenced in the March 29, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built-out if all building permits have been issued and the applicant is actively engaged in the development of the site. (Planning & Zoning) Pdor to issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted within wetland trees and/or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three-foot centers, minimum. A sum total of area(s) constituting no less than 15% nor more than 25% the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. (City Engineer and Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. o Maximum building lot coverage - Section 118-200(e), which allows a maximum building lot coverage of 35%, to allow for up to 40% building lot coverage. Minimum width for parking spaces - Section 118--475(a), which requires 10-foot wide parking, spaces, to allow for 9-foot wide parking spaces at the recreation facility. Maximum height for walls - Section 118-279(f)(1 ) which allows a maximum wall height of 6 feet, to allow for an 8ofoot wall. Minimum side setback facing a street- Section 118-200(g)(3) which requires a minimum setback of 20 feet for structures facing a street, to allow for a 10-foot setback. Minimum side setback - Section 118-200(g)(2) which requires 19 o ° Ordinance 4, 2000 Date Prepared: May 22, 2000 a minimum setback of 7.5 feet for the 75-foot wide lots on site and 9 feet for the 90-foot wide lots on the site, to allow for a 5- foot setback. Minimum rear setback - Section 118-200(g)(4) which requires a minimum setback of 10 feet for all vertical structures, to allow for a 5-foot setback. The use of specialty pavers - the code does not address the use of specialty pavers which means that they are not permitted; therefore the applicant requests a waiver for the use of specialty pavers in certain areas of the site, in place of the City’s regular pavement requirement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-1 (1 sheet total). May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-2 (1 sheet total). May 19, 2000 Master Plan PUD, Urban Design Studio, Sheet SP-3 (1 sheet total). November 24, 1999 Entrance Landscape Plan, Parker ¯ Yannette Design Group, Sheet L-1 (1 sheet total). May 19, 2000 Recreation Area Landscape Plan, Parker ¯ Yannette Design Group, Sheet L-2 (1 sheet total). October 29, 1999 Plant List, Specifications and Details, Parker ¯ Yannette Design Group, Sheet L-3 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L.-4 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-5 (1 sheet total). October 29, 1999 Median Landscape Plan, Urban Design Studio, Sheet L-6 (1 sheet total). May 19, 2000 Plant List, Urban Design Studio, (1 sheet total). May 19, 2000 Streets’cape Plan, Urban Design Studio, Sheet L-7 (1 sheet total). May 19, 2000 Streetscape Plan, Urban Design Studio, Sheet L-8 (1 sheet total). 2O Ordinance 4, 2000 Date Prepared: May 22, 2000 13.October 29~ 1999 Median Legend & Detail Sheet, Urban Design Studio, Sheet L-9 (1 sheet total). 14.May 19, 2000 Recreation Center Lighting Plan, Urban Design Studio, Sheet L-10 (1 sheet total). 15.November 24, 1999 Entrance Hardscape Plan, Parker ¯ Yannette Design Group, Sheet H-1 (1 sheet total). 16.October 29, 1999 Entrance Hardscape Plan, Parker ¯ Yannette Design Group, Sheet H-2 (1 sheet total). 17.November 23, 1999 Guard House Elevations, Wessel Associates AIA, Sheet A1 (1 sheet total). 18.May 19, 2000 Upland Preserve Map, Urban Design Studio, (1 sheet total). 19.February 19, 1999 Boundary and Topographic Survey, Bench Mark Land Surveying & Mapping, Inc., (2 sheets total). 20.March 3, 2000 90’ Parkway/Upland Preservation Plan A-A’, Urban Design Studio, (1 sheet total). 21.March 3, 2000 90’ Parkway/Upland Preservation Section A-A’, Urban Design Studio, (1 sheet total). 22.March 3, 2000 8’ Buffer Plan with 20’ Proposed FPL Easement B-B’, Urban Design Studio, (1 sheet total). 23.March 3, 2000 20’ Buffer Section B-B’, Urban Design Studio, (1 sheet total). 24.March 6, 2000 60’ Central Boulevard Buffer Plan C-C’, Urban Design Studio, (1 sheet total). 25.March 6, 2000 60’ Central Boulevard Buffer Section C-C’, Urban Design Studio, (1 sheet total). 26.March 6, 2000 100’ Upland Preservation Plan D-D’, Urban Design Studio, (1 sheet total). 27.March 6, 2000 100’ Upland Preservation Section D-D’, Urban Design Studio, (1 sheet total). 28.March 6, 2000 90’ Parkway/Upland Preservation Plan E-E’, Urban Design Studio, (1 sheet total). 29.March 6, 2000 90’ Parkway/Upland Preservation Section E-E’, Urban Design Studio, (1 sheet total). 30.March 6, 2000 100’ Upland Preservation Plan F-F’, Urban Design Studio, (1 sheet total). 31.March 6, 2000 100’ Upland Preservation Section F-F’, Urban Design Studio, (1 sheet total). 32.March 6, 2000 10’ Buffer Plan with 20’ FPL Easement G-G’, Urban Design Studio, (1 sheet total). 33.March 6, 2000 10’ Buffer Section with 20’ FPL Easement G-G’, Urban Design Studio, (1 sheet total). 21 Ordinance 4, 2000 Date Prepared: May 22, 2000 34. 35. 36. 37. 38. May 19, 2000 Wall and Fence Location Map, Urban Design Studio, (1 sheet total). March 6, 2000 Typical Cul-De-Sac Planting (North End), Urban Design Studio, (1 sheet total). March 6, 2000 Typical Cul-De-Sac Planting (South End), Urban Design Studio, (1 sheet total). March 29, 1999 Traffic Impact Analysis for Frankel Residential (Parcel 4.08), Kimley-Horn and Associates. May 19, 2000 Conceptual Parks and Landscape Enhancement Plans, (1 sheet total). SECTION 5. This Ordinance shall be effective upon adoption. ¯ PLACED ON FIRST READING THE 3 rd DAY OF FEBRUARY 2000. PLACED ON SECOND READING THIS COUJ~C.ILWOMAN LAUI~EjN F__URT~kDO 22 ATTES~JY: CAROL GOLD (~ INTERIM CITY CLERK APPROVED AS TO LEGAL CITY ATTORNEY VOTE:AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g/john: pud9903.od~ Ordinance 4, 2000. Date Prepared: May 22, 2000 NAY ABSENT 23 Ordinance 4, 2000 Date Prepared: May 22, 2000 EXHIBIT "A" L~GAL DES~ON PARCEL ON CENTRAL BOULEVARD A P.~’R.CEL OF LAND LYING IN SECTIONS 25.&ND 36, TOWN~HIP 41 SOUTH, RANGE 42 EAST, PAlM BEACH COUNTY, FLORIDA, BEING MORE PARTICU~LY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD WITH THE WEST RIGHT.OF-WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 00"~8’04" WEST, .ALONG ,.~JD WEST RIGHT.OF-WAY LINE, A DISTANCE OF 3605.06 FEET FOR A POINT OF BEGINNING. THEN.CE, CONTINUE SOUTH 00~48’04 " WEST, ALONG SAID WE~T RIGHT-OF-WAY MNE, A DISTANCE OF 1657.97 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF SAID SECTION :~6; THENCE, CONTINUE SOUTH 00"4~’04" WE~", ALONG SAID. WEST RIGHT-OF.-WAY UNE, A DISTANCE OF 1~92.07 FEET TO THE INTERSECTION THEREOF WITH THE NORTH RIGHT.OF.WAY LINE OF HOOD ROAD; THENCE, NORTH 8EI°08’02 " WEST, ALONG SAID NORTH RIGHT-0F-WAY LINE, A DISTANCE OF 956.57 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF SAID SECTION 86; THENCE, NORTH 00°4B’04" EAST, ALONG 6AID WE~T UNE OF SECTION 36, A DISTANCE OF 1662.92 F~ .mi’TO’I’HE NORTHWEST CORNER OF SAID SECTION 36; SAID NORTHWEST CORNER ,sJ.SO BEING THE 80UTHWE~T CORNER OF SAID SECTION 25; THENCE, NORTH 0t°17’32" EAST, ALONG THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 1569.36 FEET; THENCE, SOUTH 89~’1-1’,56 " FAST, DEPARTING SAID WEST LINE OF SECTION 26, A DISTANCE ~.F 94d, l~5 FEET TO THE POINT OF BEGINNING. 24 FILE No.492 05/31 ’02 13:41 ID:BFI FAX:561 276 1146 PAGE 2/ 3 SAN MICHELE PUD Waiver Justification Statement March 8, 2002 Modified May 30, 2002 The LDR’s encourage the use of clustering units and the transfer of development rights to the upland areas in an effort to consolidate and preserve open space. This consolidation of open space benefits the community as a whole. In turn for the preservation of open space, it is the intent of the LDR’s that the developer should be allowed flexibility in the application of Land Development Regulations. Deviations from standard setbacks and other Land Development Regulations have been fhcilitated through the site plan approval a~ part of the Planned Unit Development District waiver approval process. In turn for an applicants agreement to bind their land and subject themselves to conditions of approval, the City provides for and encourages ingenuity, flexibility and imagination in the design of land within the Planned Unit Development regulations. In that the Planned Unit Development regulations were created with this concept in mind, specific land development regulations were not included in the PUD- Planned Unit Development regulations at its inception. The proposed development plans for San Michele are consistent with other previously approved single family parcels within PUD’s and PCD’s throughout the City as well as the intent of the Planned Development District regulations. The Code requires 40% of the PUD to be preserved as Open Space. San Michele provides for over 74% of the PUD in Open Space. The gross density of San Michele is only 1.36 du’s/ac. In comparison, PGA National, has 46% open space with a gross density of 2.24 du’s/ac and Ballenlsles has 52% open space with a gross density of 1.8 du’s/ac. All lots within this application abut open space in the form of water or preserve. Water and preserve frontage provides tbr a feeling of open space around the units as well a.s limited access to both ends of the lot. We believe that the design of this project is consistent with previously approved projects in the City, is consistent with the intent and purpose of the Planned Development regulations, and is consistent with comparable development standards within other communities. For these reasons we feel the requested waivers should be approved and respectfully request your support. In that a Planned Unit Development District does not have specific land development regulations, we have been asked to select an appropriate "underlying" zoning district for the purposes of comparing the proposed development plan with standard zoning regulations. The purpose of the comparison is to identify any deviations that may be proposed from the standard setbacks. We have selected the RL-3 Residential Low Density District as the most appropriate zoning district for comparison purposes, The proposed development is requesting the following waivers ti’om the Land Development Regulations: FILE No.492 05/31 ’02 13:41 ID:BFI FAX:561 276 1146 PAGE 3/ 3 SIDE SETBACK (Building, Screen, Accessory Structures - Lots 66, 67, 72, 73, 77, 78, 85, and 86 only) The applicant would like to request a waiver from Section 78- 141 Residential Zoning district Regulations - RL-3 Residential Low Density District, Table 10, - Minimum Building Setback - Side, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater. Under standard zoning regulations the side setback requirement for standard 90’ wide lots would be 9 feet on each side of the lot. As a result of the increase in the width of the adjacent drainage easements, the land area available tbr development is reduced by 5 feet. This condition makes the standard side setback difficult to meet. The waiver request is to allow a 9 foot setback on the "non easement side" of the lot. The waivers range in width from .46 ti:et to 1 foot. Setbacks on the "easement" side of the lot will be a minimum of 15’ as a result of the width of the easement. ROW DEDICATIO~ Palm Beach Gardens, Florida ~-~~.u~,.~,: _ , 1N3~35¥3 3ONYN31NIVB 3)~V’I .I.N3M3S¥3 33NYN31NIVI~ 3)IWI ,~£ ,~5"~9£ 3,,95,!. L68S [][][]Sales Office and Garden Walk |l~r~ [] []Lots 47 & 87 |lII@[]Gordon Homes II Sales Office Lot 47 Gordon Homes [] ¯ [] mm))mm [] [] lmm~mm[] mm "’i’lt~ Sales Office and Garden Walk ~ 47 and 87 Gordon Homes 1611 1211 SAN MICH Pin-mounted cut letters ~peface: Minister Bold IIII1--I~I --PRECAST WAILCAP STUCCO FIN ~HED S GRADE TEMPORARY SALES CENTER ’ SIGN ENTRANCE ELEVATION 1/25/02 Prepared ,by: Cotton an~. Company 50 Kindre~l Street Suite 303 Stuart, FL 34994 COLOR SPECIFICATIONS: Stucco Wall- Benjamin Moore - 2153-70 Precast Wall Cap - Benjamin Moore - 2154-60 San Michele Letters - Black Logo Spot - 4/color Digital Print 7 I !-J ® 8~ ®®®® ,.+ i+ Z3 Manufacturing 2500 INDUSTRIAL STREET LEESBURG, FLORIDA 34748 STERLING COMMUNITIES SMM SERIAL # 9656 A-C FLEIEII~ PLAN 0 Buffer Section o ¯ ,,-,~il¢l=o~U-..~ ¢3 | ~.0~ ~ IBuffer Section C-C’~ ~ ~1~I~~ ,~o~ -- - rm CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: June 20, 2002 Date Prepared: June 4, 2002 SUBJECT/AGENDA ITEM PCD-01-02 - MIRASOL PCD AMENDMENT Public Hearing/Second 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), amend a condition to expand the requirements for Crime Prevention Through Environmental Design (CPTED) review to PCD-wide areas, add condition that creates a process to allow for access to the rear of homes on common open space throughout the PCD, and to amend the Master Plan to accommodate a minor lake reconfiguration previously approved by resolution. 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 Reviewed by: TP rai~a~iPBaeln~lt~~ City Attorney. ~ Finance NA Human Res. NA Submitted by: Growth ~ ~-~ Manag~’~ t~ _~ Directo&....., Charles K. Wu, AICP Approved b~ ~ City Manag r~ Ronald M. Fe~’is / of Ordinance 14, 2002 with one (1) new condition of approval. Originating Dept.: Growth Managem/~,~-~ Project [ ~ Manage~, I,~ I Edward ~ AICP Development Z2/: ~ Compliance "~""" Bahareh Wolfs, AICP Advertised: May 16, 2002 Palm Beach Post 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: ¯ Ordinance 14, 2002 ¯ Mirasol PCD Master Plan ¯ Map- Prior configuration: Parcel 20 Lake ¯ Map- New re- configuration: Parcel 20 Lake City Council Meeting Date: June 20, 2002 Date Prepared: June 4, 2002 Ordinance 14, 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 applicant is requesting amendments that include the following: (1)Adding language to condition 63 (CPTED condition), which would make CPTED review inclusive of the entire PCD, not just within the PCD parcels. (2)Revising the master plan to indicate a lake enlargement and deletion of recreation center that was approved by Resolution 123, 2001 when Parcel 20 was amended. (3)Adding a new condition that creates a process for accessing the rear of homes through common open space throughout the PCD, in the event that access is unobtainable through the side yards. PROJECT DETAILS Lake Reconfiquration As part of a "house cleaning" measure, the City has required the applicant to amend the PCD Master Plan to indicate a lake enlargement that was approved as an amendment to Parcel 20 by Resolution 123, 2001 on July 21, 2001. A subsequent administrative approval of a fishing pier and gazebo at this lake contained the following condition of approval: ’~/Vithin 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." Adoption of the proposed PCD Master Plan, as exhibited in Ordinance 14, 2002, shall satisfy this condition. Waiver Request The proposed fishing pier includes construction within a Lake Maintenance Easement. The applicant must request a waiver from section 78-563(e) to allow for construction within a Lake Maintenance Easement.- CPTED Review 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 2 City Council Meeting Date: June 20, 2002 Date Prepared: June 4, 2002 Ordinance 14, 2002 PCD-01-02 to extend Crime Prevention Through Environmental Design (CPTED) measures from "development parcels" only to areas throu.qhout 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." Access to Back of Lots Additional concerns from the City Council have arisen while reviewing the residential parcels within the Mirasol PCD. These concerns center on future need for rear access for pool construction or yard maintenance due to the reduced side setback waiver. Staff has proposed language to address this concern that is acceptable to the master developer. The following language is as follows: New Condition 74: "Prior to the issuance of the first Certificate of Occupancy for each pod, the applicant shall make provisions in the is this the homeowners association documents to provide means of access to rear yards throuqh common areas, lake maintenance easements and golf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and governmental entities havinq jurisdiction." (Planning and Zonin.q, City Attorney) 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. STAFF RECOMMENDATION Staff recommends approval of the proposed amendments to the development order of the Mirasol PCD. G:ed/2002/pcd0102st Last Revised: June 4, 2002 ORDINANCE 14, 2002 AN ORDINANCE OF THE CITY COUNCIL OF T~HE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 18, 2001, AND APPROVING AN AMENDMENT TO THE MIRASOL PLANNED COMMUNITY DISTRICT (PCD) (FORMERLY KNOWN AS GOLF DIGEST) BY AMENDING A CONDITION FOR CPTED PRINCIPLES; ADDING A CONDITION REQUIRING A MECHANISM FOR REAR YARD ACCESS; AND AMENDING THE PCD MASTER PLAN TO REFLECT A LAKE RECONFIGURATION FOR THE MIRASOL PCD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR AN ADDITIONAL CONDITION OF APPROVAL; PROVIDING FOR A WAIVER; 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 an amendment and an addition to conditions of approval, and for a PCD Master Plan revision to reflect a lake reconfiguration previously approved by resolution within 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to a condition of approval placed on the Mirasol PCD Ordinance 14, 2002 Date Revised: June 4, 2002 development order and subsequent amendments thereto, an additional condition of approval and an amendment to the PCD Master Plan. The subject site is located between PGA Boulevard 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 condition of approval Number 63: 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 hereby amends Ordinance 18, 2001, by adding a new condition of approval Number 74 to read as follows: Condition 74: Prior to the issuance of the first Certificate of Occupancy for each pod, the applicant shall make provisions in the homeowners association documents to provide means of access to rear yards throuqh common areas, lake maintenance easements and .qolf course areas, as applicable, for future construction or reconstruction by an owner, if access is not possible within the owner’s property. Such access shall be subject to limitations, conditions, restrictions and requirements, determined by the association and .qovernmental entities havinq jurisdiction." (Planninq and Zoninq, City Attorney) SECTION 4. The following waiver is hereby granted with this approval, as follows: (1)A waiver from Section 78-563(e) of the City Code that requires that construction occur within Lake Maintenance Easements. The applicant is requesting to construct a pier for a fishing dock within a Lake Maintenance Easement. SECTION 5. The City Council amends Ordinance 18, 2001, by modifying the PCD Master Plan to reflect a lake reconfiguration that is part of Parcel 20 as approved Resolution 123, 2001, as shown in the amended PCD Master Plan included as Exhibit "B" attached hereto. SECTION 6. 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. Ordinance 14, 2002 Date Revised: June 4, 2002 (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 7. 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 8. 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 9. 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 ERIC JABLIN VICE-MAYOR CARL SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: PATRICIA SNIDER, CITY CLERK LEN RUBIN, CITY ATTORNEY 3 VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY Ordinance 14, 2002 Date Revised: June 4, 2002 ABSENT 4 Ordinance 14, 2002 Date Revised: June 4, 2002 EXHIBIT A (next two pages attached) g/ed/2OO2:pcdOlO2ord 5 Thcnc: Sou~h 0~’2#’~* Wc~, ~ disi~nc~ cf I n:~ :m f.o~: Thanc~ dis~:nc~ of ~.525.I~ (ee~’ E~nce So~th 01’30’59" Wsst, : ~is::n:~.cf T:,~Tninu~ of ~h~ h~r~in d:s:rib~d iin=. =ou~n qu~rt~rz (~:uhh "~’~.Together ~i~h th~ ~ ~’ tbr~ richt of x~ of "- ’. C~i~sion of S~p%-~’~’~-~F ~,I~ii end k~r!l 20, i~27 ~nd i~ .....~;~h~’ of Way re=orde~ in Oificiol Rec:r~z Boo~ 5570, p~g~ I0~7, right of ~:y lin~ oF Hc:d Roc~ ~ ~c:::~b:d in ~inu~=s :f ~h~ County ............. u .......~,,~e- ’ ~o ".C~ission o, Sep{.. , ~, ,.I, grid korii ZO, I~27 0n0 ;n R~ht of Deeds re~o:d~d, in Of~ic~l R~cords Book’ll3g, pcg~ ~5, Of~icici R~c:r~s ",~] R~=:r~s ~ok 5570, p~g~ I~ LES~3B2, p=ge JO& =nd Off;..:’ ~C~TI~ THER£YRO~ the right of ~c 7 of FIGr~Q’~ Turnpike dc~cribe~ in O~d ~ook 1119. Ot p~ge 573 end ~inutes of th~ Cir:ui~ : Court Book 7¢, p~ge 5BB, end ~s s~own in Road P!~t Book 2. pog~ ~@ ~o 65 ~nd at page I0~, and O~ficiol Records ~:ok 13~0, ~t pegs ~@, public records of P~Im Be~:h County, FIorid~. A,’iO .-v,---.-, ¯.,..,0 ~ ~" i " ~" -" d.~S:,’i~,:’’ in :~(i,nute-~ of the Ci:.:,:it Cc,’.’rt ’---’ ’. "- ..... in Rocd rl¢, ~;Ok .:, pO,~S. I~0 ~o }12. inclusive. ~---’:¢~’ .k,~.’-’-’*,~Cc.-:’,NG:", .’.,~ SOU..., 87"~.~’~".. . ~es.t. ~,-.,,~.:"" s~-" ’ Rorth,,’, ~n~,. " Q di~n~a of f,.o’ .... ;,o " ,’2oi.~t cn ,~ c, ur,te c:n::ve .westerly (c r,:diol l;n. s¢id po~n~ ~:.;r: North ¢8’3.0’!0" West) boring. ~ rodlus ¢,~ ’,..75.-~.C. f.ee~,: 1:1’,3,=’%-,_r. ,’. c~~.’" :,,-:.- of 340.a~ fee + ........ to o point on (o radicl !i,’:.s :c~z:n¢l, . through, s~id point beers Sou~h 82’.~3’,:.-’.’,, cc~," ’;,hcv;n~ c r=dius of 2~+0 "" :°o+" ~h , - "-: throuch o -.ni.:~ on=i" ^:" 07"01’" "’"_ ,,,,.4. , c "dlstcnce of 550.f2 :" ’".,,= , -.~ Sou~b, 8~’~._. ~° Z:=:,, c ~i~.t.:nce ci i~=-~_,,, .-+~ ~o°~.--, .~o .,= , Turnpike: ’tle~+ ..... GI,,"-.,:...£d-" "’~ right--of-~:y, l~ne’ .......... e "" ++ .... ~ Ir’’’-.’ ,.=-" ,."~--+... ~.o ki’,s, ?0 i HT ,OF 8Z,3 ~ ~-;~: ;~O. Cc.ntc[nln~,.in :.;;, .....2,304.79 :ores ,.-rr-. =r los=. EXHIBIT B (next four pages attached) EXISTING MASTER PLAN >. I-. Z O z O 3NIdNEII~ VQI~IO"L-I ~3Z NOU.V~aSNOO EXHIBIT B EXISTING ~29 (D) N88°10’53"W 812.52’ 21 (Med.) 11.6 A~ 18(I) , R~sldential (Low) Lake 34.71 Ac F1 "POTENTIN. LOCATION TO ACCOMMI IDA’rE FLfrIJRE PEDESTRIAN CROSSING OVER TURNP KE EXHIBIT B PROPOSED MASTER PLAN SHOWING LAKE RECONFIGURATION EXHIBIT B 17 EXHIBITB PROPOSED N88°I0’53"W 812.52" 22 Lake 21 Residential (Mad.) 7.9 A¢ Residential (Mad.) 11.6 Ac 18(I) Residential (Low) 16,8 Ac Lake 34.71 Ao (Med. Lake 34.71 Ac LOCATION TO ACCOM! FUTURE PEDESTRI/ CROSSING OVER "FURl’ UTILITY I Residential ~,) ¯ 19.2 Ac COMMERCIAL 12.0 AC 30.95 Ao N05^24’ 472,25’ N29^40’01’ 344.64’ / N55^O5,09-E 347.11’ CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: June 20, 2002 Date Prepared: June 10, 2002 SUBJECT/AGENDA ITEM PUD-01-05 - PGA Plaza Rezoning and Master Plan Amendment Second Reading / Ordinance 21, 2002: George Gentile of Gentile, Holloway, O’Mahoney & Associates, agent for William G. Lassiter, is requesting a rezoning from General Commercial (CG-1) to CG-1 General Commercial with a Planned Unit Development (PUD) overlay for 11.11-acre site. The applicant is also proposing to renovate the parking and landscape areas to accommodate the widening of PGA Boulevard, as required by the Regional Center Development of Regional Impact (DRI) development order. The subject site is located at 2500- 2680 PGA Blvd, at the southwest corner of PGA Blvd and Prosperity Farms Road. (12-42S- 435) RECOMMENDATION Staff recommends approval of Ordinance 21, 2002. Reviewed by: Principal Planner,~.~----~ Steve Cramer, A~.~ City Attorney ~ Leonard Rubin~- Deve~l~nt Compliance Bahdfeh Keshavarz, AICP Submitted by: Growth ManagcCiler~ Charles K. ~u, AICP Approved ~ City M~na~~ Ronald M. Fer~ Originating Dept.: Growth Management: Project Manage~ Kara Irwin Advertised: Date: June 6, 2002 Paper: [ ] Not Required Affected parties: [ ] 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 ¯ Ordinance 21,2002 ¯ Letter from Gunster Yoakley dated March 29, 2002 ¯ Site Plan Renovation ¯ Landscape Renovation Plan [ ] None City Council Meeting Date: June 20, 2002 Date Prepared: June 10, 2002 Petition PUD-01-05 BAC[KGROUND The existing PGA Plaza received Site Plan Approval from the City in April 1974, and was built in two phases, with the potential of three out-parcels along PGA Blvd. A building permit was issued for Phase I of the Plaza (59,320 square feet) on September 13, 1974. Since that time, number of out-parcels have received site plan approval. The entire site is comprised of approximately 112,222 square feet consisting of a 92,127 square feet of retail and restaurant space, a 9,000 square foot bank out-parcel (currently Washington Mutual, permitted in 1974), second 2,800 square foot bank out-parcel (currently SunTrust, permitted in 1981), and an 8,295 squa~re foot retail out-parcel (currently Pier 1, permitted in 1988). Since 1988, the applicant has also submitted four applications for administrative approvals of mino~" site plan amendments. The proposed PUD rezoning will accommodate the widening of PGA Blvd at the intersection with I~rosperity Farms Road as proposed by the Florida Department of Transportation and as required by the Regional Center DRI development order. The request also decreases the existing non-conformities of the site. LAND USE & ZONING The subject site is currently zoned General Commercial (CG-1). The petitioner is proposing mainllain the General Commercial (CG-1) zoning district with the addition of a Planned Unit Development overlay. The City’s Comprehensive Plan and Land Development Regulations require that all lands subject to the PGA Boulevard Corridor Overlay be rezoned to either Planned Unit Development or Planned Community District. The property presently has a future land-~use designation of Commercial (C), and is designated as Commercial on the Vision Plan. CONCURRENCY The subject project was approved prior to concurrency requirements. The applicant is not proposing any additional square footage for the project; therefore, it remains vested in terms of concurrency. In terms of drainage concurrency, this site shall outfall at the northeast corner of this site into the Prosperity Farms Road drainage system. PROJECT DETAILS Exisbng Conditions The applicant is proposing to renovate the parking and landscape areas by repaying the parking area, restriping to meet current code requirements, adding and reconfiguring the landscape islands, and adding additional landscaping materials. The applicant is not proposing to modify the existing structures nor increase the square footage of the existing buildings. 2 City Council Meeting Date: June 20, 2002 Date Prepared: June 10, 2002 Petition PUD-01-05 A condition of approval in the development order of the Regional Center DRI, Resolution 96, 1999, requires roadway improvements at the intersection of PGA Blvd and Prosperity Farms Road within eighteen (18) months of issuance of any permit that would result in the total development of the Regional Center exceeding 300,000 square feet. The widening of PGA Blvd / Prosperity Farms Road intersection requires a right-of-way taking along the PGA Plaza PGA Blvd frontage. Taking the needed right-of-way will increase the existing nonconformities on the site with respect to parking and landscaping. The applicant proposes to decrease the nonconformity of the site by renovating the landscaping and parking areas. Site Access The existing site has several legal nonconforming drive ways that intersect with both Prosperity Farms Road and PGA Blvd. These drive ways are nonconforming in that they do not provide for adequate stacking distances. The petitioner is proposing four entrances off of PGA Blvd and two entrances off of Prosperity Farms Road that will require waivers to the 100’ stacking distance requirement. The petitioner has reflected the future expansion of PGA Blvd on the site plan, which will require the taking of 0.3 acres from the northern portion of the site. S~qnacle The applicant has requested no modifications to the existing signage. Landscaping Renovation Due to the age of the existing site, this use has minimal landscape buffering. The existing landscaping does not meet the requirements set forth in the City’s Land Development Regulations. The site currently contains a few large oak trees; five (5) of which are being affected by the parking reconfiguration but will be relocated into proposed landscape islands. The applicant is adding additional landscape area along PGA Blvd, which will decrease the site’s nonconformity to the PGA Boulevard Corridor Overlay requirement of a fifty-five foot (55’) landscape buffer. The existing landscape buffer is less than five feet (5’) in width and has maximum width of ten feet (10’). PGA Boulevard Corridor Overlay Section 78-221 of the City Code of Ordinances requires that all lands within the City that front or abut PGA Blvd, for a depth of 1,000 feet from the edge of right-of-way, meet various aesthetic design requirements. The proposed project does not meet these requirements. The PGA Boulevard Overlay requires structures or paved areas for motor vehicles to be set back 55 feet from the right-of-way, which the applicant cannot meet and therefore has requested a waiver from the code. The applicant is also seeking a waiver from the requirements of Section 78-221(g)(12), which requires a 12-foot wide multi-use pathway to be set a minimum of 10 feet from the curbing. The Florida Department of Transportation is planning to expand the intersection of PGA Blvd and 3 City Council Meeting Date: June 20, 2002 Date Prepared: June 10, 2002 Petition PUD-01-05 Prosperity Farms Road, which will result in a taking of property along the northern boundary of the site. Due to these constraints, a meandering 12-foot wide pathway would not allow for sufficient landscaping and berming. FDO T Taking After the widening of the intersection, the site’s nonconformity to the required 55-foot landscape buffer abutting PGA Blvd will be increased, by the FDOT taking, not because of any action of the applicant. The FDOT taking will also result in a reduction in open space and landscaping; however, the applicant is proposing to provide additional open space to make up the difference and increase the open space by 1.5% on site. Parking Lot Renovations The applicant is proposing to renovate the parking lot to decrease the current nonconformity. The site requires 551 parking spaces to support the retail, bank, and restaurant uses present on the site. The site currently has 476 parking spaces, which is a deficiency of 75 spaces. The applicant is proposing to repave the site, restripe the site, increase the number of parking spaces (52 additional parking spaces), redesign the parking spaces to a uniform dimension and improve the overall traffic circulation of the plaza. Navigating through and parking on the site is difficult because of a lack of adequate striping and wheelstops. Many of the patrons create their own parking spaces in the drive aisles. Presently, the proposed changes are greatly needed on the site. Nonconformities There are several nonconformities on site that are being addressed with the modifications. Any element of the redeveloped site plan that is non-conforming shall be addressed with a waiver request. Waiver Requests Code Section Section 78-221(d)(4) - Special Front Setbacks Required Existing (deficient 50’) Provided Waiver Recommendation 55’12.7’42.3’Support Section 78-313 - Minimum Landscape Min. 15%10.5% Requirements Open Space (deficient 4.5%)12%3%Support Section 78-345 - Number of Spaces 551 476 528 23 spaces Support Required (deficient 75) Section 78-344 (I)-Varies 1 foot inParking Stall and 10’X 18.5’9’X 18.5’Support Bay Dimensions 8.5’- 10’X 18’-20’width Section 78-319 - Minimum Landscape 8’0’ (VVall only)0’ Buffer (Rear)(deficient 8’)8’Support Section 78-313 +4,032Required Landscape 11,849 (defici-ent +7,817)7,337 4,512 Support Points - 4 City Council Meeting Date: June 20, 2002 Date Prepared: June 10, 2002 Petition PUD-01-05 Code Section Required Existing Provided Waiver Recommendation Section 78-344(h) 15’Off-Street Stacking 100’(deficient 85’) 35’65’Support Distance 3’5’(deficient 2’)3’2’Support 0 Islands Section 78-315(c) Minimum Size Landscape Areas Section 78-315(b) Landscape Islands Island Every 9 spaces O Islands (52 spaces) (Rear of bldg.) 5 Islands (Rear of bldg.) Support The applicant has provided adequate justification for staff to support all waivers, which is attached. STAFF ANALYSIS PGA Boulevard Median Landscaping Currently, the Florida Department of Transportation (FDOT) has an approved milling project, which includes PGA Blvd directly adjacent to PGA Plaza. As part of the milling project, FDOT included the design and installation of landscaping in the right-of-way medians within the affected roadways. During the design, planning and approval process, the right-of-way directly in front of PGA Plaza was omitted since the taking for the roadway improvement was not finalized. As a result, the medians were not included in the proposal; therefore, the applicant shall have the responsibility of providing the design, installation, and maintenance of the median directly in front of the site. Watermark Communities Inc. (WCI) has consented to design and install the landscaping within the median since it is responsible for the roadway improvements, but will not maintain the median. The applicant has suggested that the Regional Center Property Owners Association take responsibility for the maintenance, since the roadway improvements triggered the requirement for the PUD application. Staff has worked with the applicant, WCI, and the Regional Center POA to resolve the issue. In the interest of facilitating the widening of the aforementioned intersection, WCI has committed to pay to the City of Palm Beach Gardens $5,000 toward the maintenance of the median landscaping directly abutting the plaza. The City will maintain the median in the future. Existing Nonconformities The reconfiguration of the parking area, wheel stops, and striping are needed to improve the circulation of the site to provide for the safety and welfare of the plaza patrons. The petitioner is also proposing improving the plaza lighting; the site currently has a late-night establishment and the improvements will benefit the aesthetics of the site as well as minimize safety concerns. Although the site does not meet the current minimum landscaping requirements, parking requirements, and lighting requirements of the City’s Land Development Regulations, the petitioner is lessening the nonconformities of the site through improvements and waiver City Council Meeting Date: June 20, 2002 Date Prepared: June 10, 2002 Petition PUD-01-05 requests. The Land Development Regulations encourage the lessening of nonconformities, especially on sites that are considered legal nonconformities. PLANNING AND ZONING COMMISSION On August 28, 2001, the Planning and Zoning Commission recommended approval of the application with staff’s conditions and approval of the waiver requests by a 6-1 vote. Commissioner John Glidden opposed the motion because he believed the applicant could revise the site plan to increase the stacking distance at the entrances. Commissioner Glidden requested that the applicant work with FDOT to revise the location of the existing median cuts. The applicant revised the site plan to provide additional stacking distance at two of the three entrances on PGA Boulevard. CITY COUNCIL On May 2, 2002, the City Council approved Ordinance 21, 2002, on First Reading. On June 6, 2002, the City Council continued the public hearing to June 20, 2002, to provide staff time to contact the Florida Department of Transportation (FDOT) to determine the future plan for the widening of the intersection of PGA Boulevard and Prosperity Farms Road. At this time, staff is currently scheduled to meet with FDOT to review the current plan prior to the scheduled public hearing. RECOMMENDATION Staff recommends approval of Ordinance 21, 2002. 6 City Council Meeting Date: June 20, 2002 Date Prepared: June 10, 2002 Petition PUD-01-05 EXISTING USE EXISTING ZONING A USE DESIGNATIONS LAND USE ZONING Subject Property PGA Plaza North Bank of America Meadows Trailer Park South Prosperity Oaks West PGA Professional Plaza Palm Beach Community College Commercial (C) Professional Office (PO) Mobile Home (MH) Residential High (RH) Commercial (C) Public (P) Commercial (C)East Speedway Service Station General Commercial (CG-1) General Commercial (CG-1) Residential Mobile Home (RMH) Planned Unit Development (PUD) overlay with underlying zoning of Residential High (RH) General Commercial (CG-1) Public/Institutional (PI) Planned Unit Development (PUD) Overlay with an General Commercial (CG-1) underlying zoning district Code Requirement Minimum Building Site Area for CG-I" 1 acre TABUE 2coNSISTENCY WITH THE CODE : I "Proposed Plan 11.05 acres Minimum Lot Width for CG-I" 100 feet 362.21’Yes Maximum Building Lot 23%YesCoverage for CG-I" 35% Front Setback:Front Setback for CG-I" 40 feet 44.5 feet (existing building)Yes Side Setback for CG-I"Side Setback:Yes15’25.1 feet (existing building) Side Setback (Side facing street) PGA Boulevard Corridor Overlay for CG-1 : 55’ Rear Setback for CG-1 : 15’ 40.3’ Rear Setback: 80.8 feet Consistent? Yes No Yes PGA Boulevard Corridor 12.7’ feet (existing buffer Overlay Landscape Buffer: 55’increased)No 7 GunsterYoakley /~TTOFINEYS AT LAW OURF,L~NuMBeg: 20804.00004 Wa~=R’S [~,=cr D,~- NUMB~S: (561) 650-0651 W~’S E-,~,~ A~o=~:jnorquest@gunster.com March 29, 2002 VIA TELECOPY Charles K. Wu, Growth Management Director City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: PGA Plaza Rezoning PUD 01-05 Median Landscaping Maintenance Dear Mr. Wu: As you may know, this Firm represents WCI Communities, Inc. ("WCI"). Please allow this letter to confirm that WCI is committed to providing certain intersection enhancements at the intersection of PGA Boulevard and Prosperity Farms Road as referenced in the Development Order for the Regional Center which is Resolution 96, 1999, Condition 13.D.3. As you know, part of these intersection improvements include road widening and median landscaping associated with Petition PUD 01-05, PGA Plaza. Neither the landowner or any other party will commit to maintain the median in perpetuity. In the interest of facilitating the widening of the above intersection, WCI hereby commits to pay to the City of Palm Beach Gardens $5,000 toward the maintenance of the median landscaping associated with PUD 01-05. The purpose of this one-time payment is to reimburse the City of Palm Beach Gardens for its initial expenses in maintaining the median landscaping until this item can be incorporated as a regular item in the City budget. We will make this payment within two weeks of the final development approval ofPUD 01-05. It is our understanding that making this one-time payment to the City constitutes WCI’s only commitment to this median landscaping maintenance and is in lieu of any other requirement by any party with respect to PUD approval, or otherwise, to maintain such landscaping. Please feel free to call me with any questions concerning this matter. Sincerely, H. William P6~}’, Esq., for WCI Communities, Inc. cc:Frank Kurchinski, WCI Communities, Inc. (via telecopy) Cara Irwin, City of Palm Beach Gardens (via telecopy) Eleanor W. Taft, Esq. JN/jw:636923.1 Gunster, Yoakley & Stewart, P.A. Phillips Point ¯ 777 South Flagler Drive, Suite 500 East. West Palm Beach, FL 33401-6194 ¯ (561) 655-1980- Fax:(561) 655-5677. www gunster.com FORT[AUBEROALE - MIAMI . PALM BEACH . STUART - VERO 8EACH " WES1 PALM REACH IIt I ~li Prosperity F~rms Road / \ // Palm Beach PGA Plaza Justification 1.Explain the nature of the request: The PGA Plaza is an existing shopping center located on the southwest comer of PGA Boulevard and Prosperity Farms Road. The center was built in the 1980s. Over the years, a number of out-parcels have received approval for site plan modifications. The PGA Plaza is comprised of approximately 112,222 square feet consisting of 92,127 sq. ft. of retail and restaurant space, a 9,000 sq. ft. bank out-parcel, a second 2,800 sq. ft. bank out-parcel, and a 8,295 sq. ft. retail out-parcel. The property currently has 473 parking spaces on site for the existing commercial space. The proposed PUD application will accommodate the widening of PGA Boulevard at the intersection with Prosperity Farms Road as proposed by the Florida Department of Transportation and as required by the Gardens Mall DRI. The submittal also decreases the existing non-conformities by increasing the landscape area along PGA Boulevard, increasing the number of parking spaces, redesigning the parking spaces to a uniform dimension and improving the overall traffic circulation of the plaza. Based on current Land Development Regulations of the City of Palm Beach Gardens, the site plan is considered non-conforming. This non-conformity is due to the following site development characteristics: This site is within the PGA corridor overlay and is required to have a 55’ special front setback adjacent to PGA Boulevard. A majority of the existing landscape buffer is less than 5’ in width and has a maximum width of 10’. The parking required for this commercial center is 551 spaces. The sizes of these spaces vary from 8.5’-10’ wide and 18’-20’ long. The parking provided on site is 75 spaces short as required by Land Development Regulations. 2.What will be the impact of the proposed change on the surrounding area? The proposed PUD application and the site plan modifications will not adversely impact the surrounding area. We are not increasing the square footage of commercial uses or increasing the traffic impacts. The site plan modifications will improve the traffic circulation and reduce the existing non-conformities on the site by expanding the landscape buffer to 15’, adding 52 parking spaces, redesigning the parking stalls to a uniform dimension. o Describe how the rezoning request complies with the City’s Vision Plan and the following elements of the City’s Comprehensive Plan-future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open Space, Intergovernmental Coordination and Capital Improvement. We are not proposing to rezone the project. o How does the proposed project comply with the City’s requirements for preservation of Natural Resources and Native Vegetation? (Division VII, Landscaping, Land Development Regulations) PGA Plaza, an existing retail center, is currently landscaped and contains a few large oak trees. In an effort to bring the site plan into compliance with the Land Development Regulations, additional landscape area is being added to the site and 5 existing large oak trees affected by the parking reconfiguration are being relocated into the proposed parking islands. o How will the proposed project comply with City requirements of Art in the Public Places? (Division V, Public Places, Subdivision I, Land Development Regulations) The project is an existing shopping center and we are not proposing to increase the intensity of the project. The site plan modifications are proposed to allow for the right-of-way expansion of PGA Boulevard at Prosperity Farms Road as proposed by the Florida Department of Transportation and required under the Gardens Mall DRI and to decrease the non-conformities of the existing site plan. 6.Concurrency Certification? This is an existing project approved under several development orders and site plan modifications. The concurrency for the project is vested through the previous approvals. Meeting Date: June 20, 2002 Date Prepared: June 10, 2002 ORDINANCE 21, 2002 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 11.11-ACRE PARCEL OF LAND FROM GENERAL COMMERCIAL (CG-1) TO GENERAL COMMERCIAL (CG-1) ZONING WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY ZONING DISTRICT, KNOWN AS "PGA PLAZA," BY APPROVING THE RENOVATION OF THE PARKING AND LANDSCAPE AREAS TO ACCOMMODATE THE INTERSECTION IMPROVEMENTS OF PGA BOULEVARD AS REQUIRED BY THE REGIONAL CENTER DRI DEVELOPMENT ORDER ON THE SITE LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF PGA BOULEVARD AND PROSPERITY FARMS ROAD,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-01-05) from Gentile, Halloway, O’Mahoney & Associates, agent, for approval of a rezoning of approximately 11.11 acres of land from General Commercial (CG-1) to General Commercial (CG-1) zoning with a Planned Unit Development (PUD) overlay to allow renovation of the parking and landscape areas, to accommodate the widening of PGA Boulevard as required by the Regional Center DRI development order, of PGA Plaza located at 2500-2680 PGA Boulevard, on the southwest corner of the intersection of PGA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the Planned Unit Development (PUD) known as ’~PGA Plaza"; and Ordinance 21, 2002 Meeting date: June 20, 2002 Date Prepared: June 10, 2002 WHEREAS, on August 28, 2001, the City’s Planning and Zoning Commission has reviewed said application and recommended its approval, including the requested waivers, subject to conditions of approval. 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 rezoning of an approximately11.11 acre parcel of land from General Commercial (CG-1) to General Commercial (CG-1) zoning with a Planned Development (PUD) overlay, known as "PGA Plaza," and the renovation of the parking and landscaping areas, located at 2500 - 2680 PGA Boulevard on the southwest corner of the intersection of PGA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto and 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.Prior to construction plan review, the applicant shall submit a revised Photometric Plan, which meets the requirements of LDR Section 78-182, Illumination of Buildings and Uses. (City Engineer) 2.Prior to construction plan review, the applicant shall submit for review and approval by the City Forester, a landscape plan for the median directly adjacent to the plaza within the PGA Boulevard right-of-way. (City Forester) 3.Prior to the issuance of the first building permit, the applicant shall provide surety for the installation of landscaping within the PGA Boulevard median directly adjacent to the subject site in the amount to be determined by the City Forester. (Planning Zoning) 4.Lighting locations shall not conflict with landscaping and shall include long-term tree canopy growth. (Police) 5.The applicant shall not increase the current restaurant uses within the Plaza without amending the Planned Unit Development and satisfying all applicable code requirements. (Planning & Zoning) 6.Prior to the issuance of the first building permit and within fourteen (14) days of the issuance of this development order, Watermark Communities Inc., on behalf of the applicant, shall submit to the City the sum of $5,000 toward the maintenance of the median landscaping adjacent to the property on PGA Blvd. SECTION 3. The following waivers are hereby granted with this approval: 1.Section 78-221(d)(4), Special Front Setbacks, to allow for a maximum 12.7’ landscape buffer. The Land Development Regulations require a minimum 55’ 2 Ordinance 21,2002 Meeting date: June 20, 2002 Date Prepared: June 10, 2002 landscape buffer along PGA Boulevard. 2.Section 78-313, Minimum Landscape Requirements, to allow for 12% open space. The Land Development Regulations requires a minimum of 15% open space on site. 3.Section 78-345, Number of Spaces required, to allow for 528 parking spaces. The Land Development Regulations require a minimum of 551 parking spaces for the approved square footage and uses. 4.Section 78-344(I), Parking Stall and Bay Dimensions, to allow for 9’ X 18.5’ standard parking stalls. The Land Development Regulations require 10’X 18.5’ parking stall dimensions. 5.Section 78-319, Minimum Rear Landscape Buffer, to allow for a minimum 0’ rear landscape buffer. The Land Development Regulations requires a minimum eight (8) foot rear landscape buffer. 6.Section 78-313, Required Landscape Points, to allow for 7,337 landscape points. The Land Development Regulations require 11,849 landscape points. 7.Section 78-344(h), Off-Street Stacking Distance, to allow for a minimum 35 foot stacking distance. The Land Development Regulations require a minimum 100 stacking distance. 8.Section 78-315(c), Minimum Size Landscape Areas, to allow for a maximum three- foot wide landscape island. The Land Development Regulations requires a minimum of five (5) foot wide landscape island. 9.Section 78-315(b), Landscape Islands, to allow for 52 parking spaces without the five (5) required landscape island to the rear of the building. The Land Development Regulations require an island between every nine (9)-parking spaces. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 1.January 8, 2002, Parking Renovation Plan by Gentile, Holloway, O’Mahoney & Associates, 1 sheet (SP-1). 2.January 8, 2002, Landscape Renovation Plan by Gentile, Holloway, O’Mahoney & Associates, 1 sheet (L-l). 3.Letter dated March 29, 2002, from H. William Perry to Charles K. Wu, 1 page. 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. 3 Ordinance 21, 2002 Meeting date: June 20, 2002 Date Prepared: June 10, 2002 SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2nd DAY OF MAY 2002. PLACED ON SECOND READING THIS DAY OF 2002. PASSED AND ADOPTED THIS DAY OF 2002. SIGNED: MAYOR ERIC JABLIN VICE MAYOR CARL SABATELLO COUNCILMEMBER DAVID CLARK COUNCILMEMBER JOSEPH R. RUSSO COUNCILMEMBER ANNIE DELGADO ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY CLERK CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER RUSSO AYE NAY ABSENT 4 Ordinance 21,2002 Meeting date: June 20, 2002 Date Prepared: June 10, 2002 EXHIBIT A THE SOUTH 400 FEET OF THE NORTH 450 FEET OF THE NORTHEAST 1/, OF THE SOUTHWEST 1¼ OF SECTION 5, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. LESS THE WESTERLY 100 FEET THEREOF; AND LESS THAT PART CONVEYED TO THE STATE OF FLORIDA IN OFFICIAL RECORD BOOK 2896, PAGE 579; AND LESS THAT PART CONTAINED IN STIPULATED ORDER OF TAKING AND FINAL JUDGMENT RECORDED IN OFFICIAL RECORD BOOK 6411, PAGE 90 BOTH IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND LESS THAT PART LYING EAST OF THE WEST RIGHT-OF- WAY LINE OF PROSPERITY FARMS ROAD. 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 7, 2002 Meeting Date: June 20, 2002 Subject]Agenda Item: Advisory Board. Appointment of members to the Parks and Recreation Recommendation/Motion: Approve list of candidates to serve as members of the Parks and Recreation Advisory Board. -~ Reviewed by~ City Attorne~ L~ Finance N/A Other N/A Submittedby: Originating Dept.: Com~ces Advertised: [ X ] Not Required Department Director Affected parties App~~__¢~_~~ City Manager [ X ] Not required Costs: $ N/A (Total) $ N/A Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: N/A Council Action: [ ] Approved [ ] Approved conditions [ ] Denied [ ] Continued to: Attachments: Memo Applications [ ] None CITY OF PALM BEACH GARDENS MEMORANDUM TO: FROM: SUBJECT: Ron Fen-is, City Manager DATE: June 7, 2002 Jack Doughney, Community Services Administrator ~ Appointment of Parks and Recreation Advisory Board BACKGROUND: Numerous vacancies have occurred in the Parks and Recreation Advisory Board. Council Liaison is recommending filling the vacancies as indicated. BACKGROUND: The City Clerk received applications to serve as members of the Parks and Recreation Advisory Board, and from those applicants, Council Liaison is recommending the following be appointed to the Board as outlined in the attached table. Copies of the applications are included for your perusal. RECOMMENDATION: Council Liaison recommends the following appointments take place: Recommended as new Board Members: Seat #3 Dave Lill Seat # 6 Wendy Walker Recommended as Alternate Members: Alternate # 1 Mike Axelrod Alternate # 2 George L. Schmidt JED/pm PARKS AND RECREATION ADVISORY BOARD (7 Regular Members - 3-year terms) (2 Alternate Members - 3-year terms) Current Seat Member Status of Current Member Appointment Seat # 1 Tory Buckley Term expires 6/20/04 Appointed 6/7/01 Seat # 2 Seat # 3 Man/Anne Hedrick Vacant Seat # 4 Bert Premuroso Seat # 5 Phil Milton VacantSeat # 6 Seat # 7 Jim Maynor Vacant Term expires 6/6/04 Member resigned Term expires 6/6/04 Term expires 6/6/04 Member resigned 2/13/02 Term expires 7/4/04 Member resigned 1/13/02Alternate # 1 Alternate # 2 Wendy Walker Moving from Alternate to Seat # 6 Term expires 6/20/04 Appointment 6/1/01 Dave Lill 5/30/02 # Term expires 6/20/04 Appointment 6/7101 Appointment 6/7/01 Wendy Walker from Alternate Member Term expires 6/20/04 Appointment 9/13/01 Mike Axelrod 5/30/02 # Term expires 6/20/04 George L. Schmidt # Term expires 9/4/04 Chairperson A~plication Attached RESOLUTION 88, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF TWO (2) REGULAR MEMBERS AND TWO (2) ALTERNATE MEMBERS THE PARKS AND RECREATION ADVISORY BOARD OF THE CITY OF PALM BEACH GARDENS IN ORDER TO FILL EXPIRED TERMS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 46-32 of the City of Palm Beach Gardens Code of Ordinances, provides for the appointment of members to the City of Palm Beach Gardens Parks and Recreation Advisory Board; and WHEREAS, it is the desire of the City Council to appoint two (2) regular members and two (2) alternate members to the Parks and Recreation Advisory Board fill vacancies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA; SECTION 1. Pursuant to Section 46-32 of the City of Palm Beach Gardens Code of Ordinances, Dave Lill and Wendy Walker are hereby appointed as regular members of the Parks and Recreation Advisory Board for the remainder of the terms of the vacant seats, which terms of office shall expire June 6, 2004. SECTION 2. Pursuant to Section 46-32 of the City of Palm Beach Gardens Code of Ordinances, Mike Axelrod and George L. Schmidt are hereby appointed as alternate members of the Parks and Recreation Advisory Board for the remainder of the terms of the vacant alternate positions, which terms of office shall expire June 6, 2004. SECTION 6. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 20 TM DAY OF JUNE, 2002. ATTEST: PATTY SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO MAYOR ERIC JABLIN APPROVED AS TO !.EGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT AHHIE H T~ELI;A])O 56,1 626 4243 ’ 02/09/tg~J4 6~: 55 551622~30~DR C|{y of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) t’ie~.~e pl’hlt In Black |ilk ]’lense allar, h a I~:sllmc to your npplicali0n or use space below to summarize qu~lific~,t~ons and cxperiel~ce acquired tht~! would bc helpful to the Board(s) for which you are applying. l;’ollllitdilily Aetlliiiet (Include all’tees held and commilt~o service) .......................... Applicalioll.~ are valid for two (2) years from/lie date they lira signed, llHtirn to City Clei’k~ ()ffiee, 1 fl.li01i N. I%itliltlry Ti’nil, Palm Beach Gardensi Flol’ida 33,110, ¯ -~ City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink How long have you been a resident of Palm Boch G~de~?i7~ Palm B~ch Co~ty? Cu~t Employer: ~1~Positi6n: O~t Please attach a resume to your application or use space below to summarize qualifications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience). Educational Background Community Activities (Include offices held and committee service) ~ e_.e_. ,~L b o ¢ ~.. Signature ~’~/~~-. ~"-/~--~~ Date. ’/-///o0- (~/0 ~-~ Applications are valid for two (2) years from the date they are signed. Return to City Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARDS Board Applied for: Name: Telephone: Home Address: Parks and Recreation Advisory Board Dave Lill Day (561)966-6630 Evening 4218 Althea Way, Palm Beach Gardens 694-7696 33410 How long have you been a resident of Palm Beach Gardens? 12 yrs Palm Beach County? 25yrs Current Employer: Palm Beach County Parks and Rec. Dept. Position: Aquatics Supervisor Special Qualifications for specific board (include past board experience): Certified Park and Recreation Professional (#90-057 CPRP) 1990-2002 Florida Parks and Recreation Assoc / District V: Treasurer 2000-01, Secretary 1998-99 PBC P&R Aquatics Supervisor since 1986, responsible for waterparks, pools, ocean lifeguards, Juno Beach Park Fishing Pier, Okeeheelee ski lakes (oper. budgets $8 mil) PBC P&R - 1993 National Recreation and Park Assoc. Excellence in Aquatics Award Parent of 11 year old daughter and 5 year old son Educational Background: Bloomsburg State University of Pennsylvania, B.S. in Business Administration - 1976 Certified Pool Operator 1989-1997 Certified Aquatic Facility Operator 1997-2002 NRPA National Aquatic Management School- 1995 and 1997 Community Activities (include off~ces held and committee served): 2002 .Youth Leader, Saint Marks Episcopal Church Youth Group 1995 - 00 Member, PBC Youth Sports Festival Planning Committee. 1992 - 93 President, Vision One Homeowners Association, PBG ! 990 - 92 Member, Palm Beach County Artificial Rerf Committee 1988 - 90 President, Florida Beach Patrol Chiefs Association 1987 - 89 President, Palm Beach Rowing Association Applications are valid for two (2) years from the date they are signed. Return to City Clerk’s Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 " City of l’alm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOAI;:D (S Pleaxe print in Black Telephone: Day -Tq~:i.~.{b.~.... Plcasc attach ~ resume Io your ..,pplicati,oa or use spat6 belo~v to summa|iz¢ qualific,~lions and. xp, tit net; acquired lhat would be helpful to tlae Board(s) for which you are applyi~lg. Special Qualifications for spcci12c board(s) (i,mlqd¢ past board cxperie|mc) ~.- ~ V~ _.~2t ......... ""-. ¯ " ....7-’T "--" .~ i " : ....."’ -- " ...." ~ .- Conunuaity Activities (l.t, clude offices held and committee serviee),~A~._(j l"rq I Dk_3(~j {~:C~__(.k ’_{.:! .~.- t~,i~, ~’()~(-,:_.q~z>.Ct~Jq-i.~C~./I, ~.~J~..LtJ’fl~m£4"’C~;G°r f-)o~-....~ 0JFv’,__ ......... Applications arc valid for t~vo (2) years IYom the date they are sigocd. Return to . "l’rail~~Clcrk’s Office, 10500 N. ~litital’y Palm ]leach Oardens~ Florida 334] 0. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:June 20, 2002 Subject/Agenda Item: Consultant Selection for Parks Planning and Design Services Recommendation/Motion: Ratify the Review/Negotiation Committee’s selection of the three most qualified firms for Parks Planning and Design Services and authorize staff to begin contract negotiations with the highest-ranked firm. Submitted by: Community Services Administrator Originating Dept.: Angela Wo~ngt Project Manager ~’~ Community Services Advertised: Date: Paper: [ X ] Not Required Affected parties Consultants x..L~J_N_otified [ ] Not required Costs: N/A Funding Source: N/A [ ] Operating [ ] Other Budget Acct.#: N/A Council Action: [ ] Approved [ ] Approved w/conditions [ ] Denied [ ] Continued to: Attachments: ¯May 30, 2002 Agenda Backup - Item IV.b ¯Interlocal Agreement w/PBC for Construction/ Funding of Gardens District ¯ Consultant Proposals [ ] None BACKGROUND: At the May 30, 2002 meeting, City Council received oral presentations from the top- three selected firms who responded to the Parks Planning and Design Services Letter of Interest. The ranking order as determined by the staff review committee was a follows: 1st - Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. 2nd - REG Architects, Inc. 3rd - Gee & Jenson At this time, the Review/Negotiation Committee is requesting the ratification of their selection of the three most qualified firms for Parks Planning and Design Services and authorize staff to begin contract negotiations with the highest-ranked firm, Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. CITY OF pAI.M BEACH GARDENS MEMORANDUM DATE: TO: THROUGH: FROM: SUBJECT: May 13, 2002 Ronald M. Ferris, City Manager Jack Doughney, Community Services Administrato~_ An~la Wong, Projects Manager ~ Continuing Parks Planning and Design Services - Letter of Interest May 30, 2002 City Council Meeting Presentations BACKGROUND: On March 18, 2002, the City received a total of nine (9) responses to th, e solicitation for Continuing Parks Planning and Design Services. All proposals were reviewed and evaluated by the Selection/Negotiation Committee, who is comprised of Jack Doughney, Community Services Administrator; Jack Hanson, Chief Building Official; Steve Cramer, Principle Planner; Michael Kelly, Parks Division Director; Stacy Rundle, Contracts/Grants Administrator, and Charlotte Presensky, Recreation Division Director. On May 1, 2002, the finns made a brief presentation to the committee with the exception of one firm, which was disqualified for their lack of being able to provide a presentation on the required date. Each firm was rated on specific criteria, which is attached for your information, in addition to the basic qualifications as per F.S.S. 287. The committee has rated the following firms as the top three firms (in order of preference): ,,/ Ist - Glatting,Jackson, Kercher, Angtin, Lopez, Rinehart, Inc. 2-a - REG Architects, Inc. 3rd - Gee &Jenson The score tabulations are also attached for your review. Among the projects that will be handled by the selected firm are the Palm Beach Gardens District Park Master Plan and Construction Documents and the Bums Road Community Center Improvements Design and Construction Documents. According to F.S.S. 287.055 regarding consultant selection, after evaluating and selecting in order of preference, the City must select the most qualified firm of the three recommended to negotiate a contract for professional services. At the May 30, 2002 Council Meeting, the three firms will be providing a 10-minute presentation followed by a 5-minute question & answer session to the City Council. A final decision will be made by the City Council at the June 6, 2002 City Council meeting. Attachments:Score Sheet (containing criteria) Score Sheet Tabulations Letter of Interest Proposals (3) CC:Jack Hanson, Chief Building Official Steve Cramer, Principal Harmer Michael Kelly, Parks Division Director Charlotte Presensk’y, Recreation Division Director Stacy Rundle, Contracts/Grants Administrator 0 0 o o Continuing Parks Planning and Design Services May 1, 2002 Score Sheet Tabulations Total Firm Points Rating Roy-Fisher Associates 85 8 Gee & Jensen 113 3 Gentile, Holloway, etc.98 REG Architects 115 2 Mock Roos & Associates 90 6 122 1Glatting, .Jackson, etc. Land Design South ~TheRMPK Group 88 102 REQUEST FOR LETTER OF INTEREST FOR Furnishing Continuing Parks Planning and Design-Services City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 February 2002 Page 1 of 17 REQUEST FOR LETTERS OF INTEREST ALL INTERESTED PARTIES: The City of Palm Beach Gardens, Horida, will receive sealed Letters of Interest (LOI) together with the Qualifications Statements and Proposal Form included herein and any other information relative to the experience, expertise or proficiency of the Proposer, at the office of the City Clerk, City Hall, 10500 N. Military Trail; Palm Beach Gardens, Florida 33410, (564) 799-4122 for furnishing Continuing Parks Planning and Design Services. All LOI must be received and time stamped by the City Clerk, either.by mail or hand delivery, no later than 2:00pm. local time on March 18, 2002. Facsimile submittals will not be accepted. Any LOI received after 2:00pm local time on said date will not be accepted under any Circumstances. Any uncertainty regarding the time a LOI is received will be resolved against the Proposer. All LOI will be opened in the City Council Chambers at 2:00pm local time on March 18, 2002. The City reserves the right to reject any or all LOI, .to waive any or all LOI received, to re-advertise for LOI, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interest of the City. ,¸t REQUEST FOR LETTERS OF INTEREST PROCEDURE Pursuant to the Request for Letters of Interest (LOI), the City is soliciting interested firms and entities to submit qualification statementS, performance data and other information relative to the proposed project in accordance with the Consultant’s Competitive Negotiation Act (C.C.N.A.-Florida Statute 287.055). Responses to this LOI will be evaluated by Selection/Negotiation Committee. Firms and entities which did not provide the information requested or which failed to meet the minimum qualification criteria shall be disqualified from further consideration. This LOI is divided into three (3) sections: 1.Instructions 2.Proposer’s Qualifications Form (Form 254-255) 3.Proposer’s Forms, ( Sworn Statement on Public Entity Crimes, Qualification Statement) After review of all submissions, the evaluation committee will prepare a short list with a minimum of three (3) firms for an interview. In determining whether a firm is qualified, the City shall consider several factors including, but not limited to: the ability to meet time and budget requirements, experience, education and training, financial stability, geographic location of firm, recent, current and projected workload of the firm, the volume of work Page 2 of 17 II: previously awarded to each firm bygoVenimental agencies and references: After firms are short listed, those firms will be notified by-telephone within 24 hours, followed-up by a letter, and advised of date, time, and location of presentatiom ~Afier presentations, each voting member will indicate their choiceoffirms in order of preference. The City shall enter into negotiations with the most qualified firm~for professional services at~ compensation .~ which the City determines is fair, competitive, and reasonable to establish an agreement to be executed by both parties. When agreement is reached between the City and the selected firm, the City Attorney’s Office shall prepare a final contract.. Should the City and the firm considered to be most qualified not reach agreement, the negotiations shall be formally terminated before negotiations begin with the second most qualified firm. Upon completion of successful negotiations, a recommendation of award of contract ~ill then ~e presented to the City Council. The City reserves the right to reject any or all Letters o.~ Interest and to waive any irregularity, informality or technicality in Letters of Interest received. SCOPE OF SERVICES SPECIFICATIONS The City of Palm Beach Gardens is seeking the ’services of a professional landscape Architecture/Planning firm to provide continuing park planning and design services for the City on an as needed basis. Projects may include, but not be limited to: Palm Beach Gardens District Park Master Plan and Construction Documents Bums Road Community Center Improvements Design and Construction Documents The.Landscape/Architecture/Planning firm shall be able to provide a team of licensed professionals for design services needed to complete the design of these projects, including but not limited to: Architecture ¯Civil Engineering ¯Structural Engineering ¯M/E/P Engineering ¯Survey ¯Geotechnical Services ¯Environmental Services For projects where only some of these services are required, the City and the Landscape Architect may agree that the City may elect to contract directly with individual members of the Landscape Architect’s team. Page 3 of 17 " .". WORK PRODUCT REQUESTED: ¯Work products will be determined by the City. andthe finn on a project, by project basis. Products ¯ may include, but not be limited to:. , .. ¯ ¯Planning/design studies ¯Site evaluations ¯- ¯Concept sketches ¯Master plans ~ ¯Cost estimates ~ " "’ ¯Public meetings and workshops ¯Construction documents ¯Permitting services ¯Grant applications ¯Construction services ¯Presentations at Parks and Recreation Advisory Board meetings, Planning and Zoning meeting and City Council meetings INFORMATION TO BE FURNISHED Proposer shall provide.a description of the firm, including the size, range of activities, financial capacity, stability, experience, honors, awards, recognition’s, etc. Particular emphasis should be given as to how the firm-wide experience and expertise in planning and design of similar facilities will be directly beneficial to the City. Proposer shall identify the personnel to be assigned to this project, indicating the contact person chief/primary planning professional(s) and supervisory personnel who Will work on the project. Resumes of each person to be assigned shall be provided with emphasis on their experience with similar projects. Proposer shall provide a list of clients for whom similar work has been performed. Proposer shall indicate the current and future workload of the personnel to be assigned to this project. Proposer shall submit a copy of its occupational license to conduct business in the State of Florida as well as the proposal form. Page 4 of 17 IIl.LOI SUBMISSION REQUIREMENTS A.Firm Qualifications Attached to this LOI is a Qualification Statement which all responding firms must complete in full. Failure to complete this form shall constitute grounds for disqualification of the responding firm from further consideration regarding this project. Responding finns are required to submit this form together with their qualification statement submittals. StandardFederal Forms 254 and. 255 shall also be submitted. (Please attach on separate sheets responses to the following questions. Please copy the questions as exactly stated and respond accordingly.) 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which-you do business and the address of the place ofbhsiness. If Proposer is a corporation, please indicate the ,.. Date of Incorporation: State of Incorporation: President’s Name: Vice President’s Name: Secretary’s Name: Treasurer’s Name: and, Name and Address of Resident Agent : If Proposer is an individual or a partnership, please indicate the Date of organization: Names, of all partners: and, whether general or limited partnership: If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 2..If Proposer is operating under a fictitious name, submit evidence of compliance with the Page 5 of 17 o 10. 11. within Florida Fictitious Name Statute. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? Indicate registration, license numbers or. certificate numbers for the businesses or professions which are the subject of this letter o interest. Please attach certificate of competency and/or state registration. Proposers shall provide a description of the firm, including the size, range of activities, financial history, strength, stability, experience, honors, awards, recognition~s, etc. Particular emphasis should be given as to how the firm-wide experienc.e and expertise in design of similar facilities will be directly beneficial to the City in the design of the project. Proposers shall identify the contact person chief/primary design professional(s) and supervisory personnel who will work on the project. Resumes of each person shall be provided with emphasis on their educational training and experience with similar projects. Have your ever failed, to complete any work awarded to you? If so, state when, where, and why? ,./ As part of your submission, state the names, telephone numbers and last known addresses of owners, individuals or representatives of owners with the most knowledge of work which you have performed or goods you have provided for these clients within the last three years. Special emphasis should be placed on governmental clients. Proposers shall identify current and projected workload, and indicate the axailability of the firm to meet the City’s needs .... Proposers shall indicate their availability to meet time deadlines and their ability to stay the original budget for their projects. B.Copies of Submission Five (5) copies of the entire Letter oflnterest and all other material should be submitted to the City of Palm Beach Gardens, City Hall, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, to the attention of Carol Gold, City Clerk, on or before 2:00 pm (local time) on March 18, 2002 C.Addenda, Additional Information Page 6 of 17 Any addenda or answers to written uestions supplied by the City to participating Proposers shall become part of this Request for Letters of Interest and the resulting contract. The Proposer’s Certification form shall be signed by an authorized company representative, dated and returned with the Letter of Interest. No negotiations, decisions or actionsshall be initiated by the Proposer as a result of any discussions with any City employee. Only those communications which are in writing from the City Manager may be considered as a duly authorized expression. Also, only communications from Proposers which are signed and in writing will be recognized by the City as duly expressions on behalf of the Proposer. ’ IV.INSURANCE 1.Prior to Award, the Successful Proposer shall provide the City with certified copies of .all insurance policies providing coverage as required. The Successful Proposer shall secure and maintain, at its own expense, and keep in effect during the full period of the contract a policy or policies ofinsurance providing coverage as required. ~ bo Professional Liability Insurance in an amount not less than $1,000,000 per occurrence. Worker’s Compensation and Employer’s Liability Insurance for all employees of the Successful Proposer engaged in work under the Contract in accordance with the laws of the State of Florida. The Successful Proposer shall agree to be responsible for the employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. c. - Comprehensive General Liability Insurance with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence Coverage shall specifically include the following minimum limits not less than those required for Bodily Injury Liability and Property Damage: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence ¯d.Comprehensive Automobile Liability Insurance for all owned, non-owned and hired automobiles and other vehicles used by Successful Proposer in the performance of the work with the following minimum limits of liability: Page 7 of 17 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence . ~ : All liability insurance and professional liability policies shall specifically provide that the City of PalmBeach Gardens is an additional named¯insured or additional insured with respect to the required coverage¯ and the operations of the Proposer under the contract. Insurance companies selected must be acceptable to the 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 cancelled, materially changed or renewal refused until at least thirty (30) calendar days that written notice has been given to the City by certified mail. 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 qualifications in accordance with the latest edition ofA. M. Best’s Insurance Guide: Financial Stability B+ Class VI. Proposers are ¯ required to submit a list of claims presently outstanding against their professional liability coverage. This information must be provided by and signed by the agent of the insurance cartier. If no outstanding claims exist, a statement of this fact must be provided by and signed by the agent of the insurance cartier. V.INDEMNIFICATION GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations, Successful Proposer 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 arising out of or in consequential arising out of or alleged to have arisen out of or in consequence of the services furnished by or operations of the Successful Proposer or his subcontractors, agents, officers, employees or independent contractors pursuant to the Contract, specifically including but not limited to those caused by or arising out of any act, omission, negligence or default of the Successful Proposer and/or his subcontractors, agents, servants or employees in the provision of the services under the Contract. PATENT AND COPYRIGHT INDEMNIFICATION: Successful Proposer agrees to indenmify, defend, save and hold harmless the City, its officers, agents and employees, from all claims, damages, losses, liabilities and expenses arising out of any alleged infringement of copyrights, patient rights and/or the unauthorized or unlicensed use of any material, property or other work in connection with. the performance of the Contract. Page 8 of 17 VII. CONFLICT OF INTEREST The award hereunder is subject to the provision of State Statutes and City Ordinances. The Proposer, by affixing his signature to the Proposal Form; declares that the proposal is made without any previous understanding , agreement, or connections with any City official or persons, firms, or corporations making a proposal on the same items and without any outside control,’ collusion or fraud. By signing the Proposal, the Proposer further declares that no City Council Member, other City officer, or City employee directly or indirectly owns . more than five (5) percent of the total assets or capital stock of the Proposer entity, nor will directly or indirectly benefit by more than five (5) percent from the profits or emoluments this contract. AVAILABILITY OF FUNDS The obligations of the City of Palm Beach Gardens under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City Council. VIII. IX. 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. PROPOSER’S RESPONSIBILITY Xo Each Proposer is required, before submitting his or her proposal, to carefully examine the Proposal 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 Proposer will in no way relieve him or her of any of the obligations and responsibilities which are a part of this Proposal. 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. Page 9 of 17 Vendors doing business with the City are prohibited from discriminating against any:- employee, applicant for employment or client because of race, creed, 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, training and " 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 o’fa 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¯of36 months from the date of being 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. This request for letters of interest shall ¯be included and incorporated into the final award. XI. XII. SCHEDULE OFEVENTS The Schedule of events, relative to this procurement shall be approximately as follows: Event Date (on or by) 1.Issuance of Request for Letters of Interest 2.Opening of Letters of Interest 3.Submission Evaluations 4.~Presentations from Short List Firms 5.Contract Negotiations 6.Award of Contract February 17, 2002 March 18, 2002 March 25, 2002 April 19, 2002 April 22 - May:l, 2002 May 16, 2002 The City reserves the right to delay scheduled dates and to provide notice to all persons responding to Requests for Letter of Interest. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH L.O.l.’s The following documents are to be executed, notarized, (if applicable) and submitted a condition to this Request for Letters of Interest: Page 10 of 17 a.Proposer’s Certification b.Certificates of Insurance c. Standard Forms 254 and 255 d. Qualifications Statement Xlll.AWARD OF CONTRACT The contract shall be awarded to the most qualified Proposer as determined by the City who agrees to provide the requisite professional services at compensation which .the City determines is fair, reasonable and competitive. ’. Page 11 of 17 PROPOSER’S CERTIFICATION WHEN PROPOSER IS AN INDIVIDUAL IN WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form this __ ¯ 2002 day Witness Witness BY: Signature of Individual Printed Names of Individual Business Address City/State/Zip Business Phone Number State of Florida } County of } On this the__ day of ,2002, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of Individual(s) who appeared before Notary) and whose name(s) is/are Subscribed to the within instrument, and he/she they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE)¯(Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) Page 12 of 17 [] DID take an Oath [] DID NOT take an Oath PROPOSER’S CERTIFIC&TiON WHEN PROPOSER IS A SOLE PROPRIETORSUlP ’ OR OPERATESUNDER A FICTITIOUS OR TRADE NAME IN WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form this .__ ., 2002. day Printed Name of Firm By: Signature of Owner Printed Names of Individual Business Address City/State/Zip Business Phone Number Witness Witness State of Florida } County of } On this the__ day of ,2002, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) oflndividual(s) who appeared before Notary) and whose name(s) is/are Subscribed within instrument, and he/she they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE) (Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) [] DID take an Oath Page 13 of 17 [] DID NOT take an Oath PROPOSER’S CERTIFICATION WHEN PROPOSER IS A PARTNE~HIP, ...., . IN WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form this __ ~. , 2002. day Printed Name of Partnership By: Signature of General or Managing Partner Printed Name of Partner Business Address City/State/Zip Business Phone Number Witness Witness State of Florida } County of } On this the__ day of ,2002, before me, the undersigned Notary Publicof the State of Florida, personally appeared (Name(s) of Individual(s) who appeared before Notary) and whose name(s) is/are Subscribed within instrument, and he/she they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE)(Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) [] DID take an Oath Page 14 of 17 ¯ [~ DID NOT take an Oath PROPOSER’S CERTIFICATION WHEN PROPOSER IS A CORPORATION IN WITNESS WHEREOF, the Proposer hereto has executed this Proposal Form. this __ ,2002. Printed Name of Corporation day (CORPORATE SEAL) ATTEST: By: Secretary State of Florida } County of ~} On this the__ day of the State of Florida, personally appeared of Corporate Officer(s)and of incorporation) behalf of the Corporatign, WITNESS my hand and official seal. (NOTARY PUBLIC SEAL OF OFFICE) Printed State of Incorporation By: Signature of President or other Authorized Officer Address of Corporation City/State/Zip Business Phone Number ., 2002, before me, the undersigned Notary Public of (Name(s) his/her/their Corporate Title(s) ., on (Name of Corporation and State or place NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or .Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) Page 15 of 17 [] DID take an Oath ¯ i"1 DID NOT take an Oath ACKNOWLEDGEMENT State of Florida Countyof } On this the__ day of ~ 2002, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of Individual(s)who appeared before Notary) whose name(s) is/are Subscribed within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA (NOTARY PUBLIC SEAL OF OFFICE)(Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) [] DID take an Oath [] DID NOT take an Oath QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO:City Clerk City of Palm Beach Gardens ADDRESS~ SUBMITTED BY: NAME: ADDRESS: PRINCIPAL OFFICE: 10500 North Military Trail Palm Beach Gardens, Florida 33410 CIRCLE ONE Corporation Partnership Individual Other Page 16 of 17 The Proposer acknowledge~~d ~fid~Stands:that the infotmatibn Cont~iined in ~ response to this qualifications.statement shall be relied upon byownerin awarding the contract and such.information is warranted by the Proposer to be tree. The discovery of any omission or misstatement that materially affects the Proposer’g qualifications to perform under the contract shall’cause the owner to reject the proposal, and if after the award to cancel and terminate the award and/or contract. Date ~ State of Florida County of } On this the - day of ~, : "-., 2002, before me, the undersigned Notary Public of theState of Florida, personally appeared.~ (Name(s) of Individual(s) who appeared before Notary) whose name(s)is/are Subscribed within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. (NOTARY PUBLIC SEAL OF OFFICE) NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Produced identification (Type of Identification Produced) [] DID take an Oath [] DID NOT take an Oath Page 17 of 17 . ’ - .., ~ :.,~ ~ . REQUEST FOR.LETTERS OF INTERE.ST NAME OF PROPOSAL: Continuing-Parks Planning and. Design Services. The City of Palm Beach Gardens, Florida, will receive sealed Letters oflnterest (LOI) together with the Qualifications S!atements and Proposal Form included herein and any other information relative to the experience, expertise or proficiency of the Proposer, at the office of the City Clerk, City Hall, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410, (561) 799-4122 for furnishing" Continuing Parks/Streetscape Planning and Design Services. " .. All LOI must be received and time stamped by the City Clerk, either by mail or hand delivery, no later.than 2:00 p.m. local time on March 18,. 2002. Facsimile submittals will notbe accepted" Any LOI received after 2:00 p.m. local time on said date will not be.accepted under .any.circumstances. Any uncertainty regardingthe time a LOI is received ~vill be resolved aga.inst the.Proposer. All LOI will be opened in the City Council Chambers at 2:00pm local time on March 18, 2002. The City reserves the right to reject any or all LOI, to waive any or all LOI received, to re-advertise for LOI, to award in w.hole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interest of the City. Page 18 of 17 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 92, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RANKING THE CONSULTANTS FOR PARKS PLANNING AND DESIGN SERVICES AND AUTHORIZING CITY STAFF TO COMMENCE COMPETITIVE NEGOTIATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued a Request for Letters of Interest for Parks Planning and Design Services in accordance with section 287.055, Florida Statutes ("Consultants’ Competitive Negotiation Act" a/k/a "CCNA"); and WHEREAS, the City’s Selection/Negotiation Committee selected the top three consulting firms to make presentations at the May 30, 2002 City Council meeting; and WHEREAS, the City Council, having considered such presentations and the recommendation of City staff, wishes to formally rank the consultants and authorize City staff to commence competitive negotiation in accordance with the CCNA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby accepts City staff’s recommendation and ranks the consulting firms for Parks Planning and Design Services as follows: Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. REG Architects, Inc. Gee & Jenson (CH2M Hill) The City Council hereby authorizes City staff to enter into competitive negotiation with the Glatting, Jackson firm in accordance with the requirements of the CCNA. 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 -1- 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 OF ,2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO -2- CITY OF PALM BEACH GARDENS CITY COUNCIL MEETING Growth Management Department Staff Report Meeting Date: June 20, 2002 Date Prepared: May 30, 2002 SUBJECT/AGENDA ITEM MISC-01-26 -Village Square Professional Park Phase II Covered Parking First Reading - Ordinance 25, 2002 A request by Glenn Weller, agent for PF Park, Ltd., for a Planned Unit Development (PUD) amendment to allow a covered parking structure over seven (7) existing parking spaces for Building 700 in Phase II of Village Square Professional Park. The site is located at the southwest corner of RCA Boulevard and Prosperity Farms Road. (8-42S-43E) RECOMMENDATION Staff recommends approval of Ordinance 25, 2002, with one waiver and one condition. Reviewed by: Principal Planner ~’~-% Talal Benothman, AICP . Development Compliance ~,)/L... Bahareh Wolfs, AICP Submitted by: Growth/~I ~t Directd(" Charles K. Wu, AICP Approved by~ ~ City Manage~ Ronald M. Fer/is Originating Dept.: Growth Management: Project ~’~k ~" Manager’,~ Jackie H(:~ ~n~ Planner Advertised: Date: ¯ Paper: ..LX]J~ot Required Affected parties: [ ] Notified [ ] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other ! Budget Acct.#: P&Z Commission Action: [ ] Approved [ ] App. w/conditions [ ] Denied [X] Rec. approval [ ] Rec. approval with condition [ ] Rec. Denial [ ] Continued to: Attachments~-,~ ---- ¯ Table 1 ¯ Ordinance 25, 2002 ¯ Aerial ¯ LDR Section 78-374 ¯Waiver Justification Statement ¯Reduced Plans City Council Ordinance 25, 2002 Meeting Date: June 20, 2002 Date Prepared: May 29, 2002 Petition MISC-01-26 BACKGROUND The "Village Square Professional Park" was approved in two phases with two separate PUD approvals. Phase I and Phase II together total 65,800 square feet. The City Council adopted Resolution 28, 1996, approving the 33,300 square-foot Phase I section of the PUD (originally known as the "Damerau Office Park"). This resolution also included the site plan approval for the first building on the subject site (11,740 square feet); the remaining three buildings in Phase I would be required to "return to the City for approval of the architectural, foundation landscaping, site irrigation and site improvements by the Site Plan and Appearance Review Committee..." The Site Plan and Appearance Review Committee, currently known as the Planning and Zoning Commission, approved the architecture, foundation landscaping, and the site irrigation for Building #2 (8,100 square feet) on July 14, 1998, Building #3 (5,560 square feet) on November 30, 1999, Building #4 (8,100 square feet) on October 10, 2000. All four (4) buildings have constructed and are currently occupied. The PUD for the 32,500 square-foot Phase II was approved with the adoption on March 19, 1999, of Ordinance 10, 1999. This ordinance also included the site plan approval for the 5,855 square-foot Building #700, which has been completed. Building #800 was approved by the Planning and Zoning Commission on May 8, 2001, and has also been completed. The applicant has not yet submitted development applications for the two remaining buildings. Upon completion, Phase II will have four buildings totaling 32,500 square feet. LAND USE & ZONING The subject site is zoned Professional Office (PO) with a Planned Unit Development (PUD) overlay, and has a future land-use designation of Professional Office (PO). PROJECT DETAILS The applicant is proposing a covered parking structure over seven (7) existing parking spaces in Phase II that will be located on the west side or rear of Building #700. The total number of required parking spaces for Phase II is 109, but the Phase II site plan was approved for 120 spaces, all of which have been built. Phase I to the north has 111 parking spaces, for a total of 231 spaces for both Phases I and II. Construction of the proposed covered parking will include steel pole frames and light beige or "off-white" vinyl canvas, which is compatible with the color of the building. Other similar, covered parking projects that have been approved within the City include Fairway Office Center at PGA National and NorthCorp. 2 City Council Ordinance 25, 2002 Meeting Date: June 20, 2002 Date Prepared: May 29, 2002 Petition MISC-01-26 WAIVER Code Section Required Provided Waiver Recommendation Section 78-374(g) Maximum amount of covered parking Maximum of 5% of total required parking for Phase II (109), five spaces 7 covered parking spaces total 2 covered parking spaces Support (1) (1)Staff supports the waiver because the applicant has provided adequate justification (please see attachment), and because the structure will not visible from any right-of-way. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) To date, no objections have been received from the following departments and agencies: Building Division, Planning and Zoning Division, Fire Department, Police Department, Parks & Recreation Department, City Engineering, City Legal, Seacoast Utility Authority, Northern Palm Beach County Improvement District, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this petition on April 9, 2002, and May 22, 2002, and recommended approval of the amendment and waiver request by a vote of 4-2. RECOMMENDATION Staff recommends approval of Ordinance 25, 2002, with one waiver and one condition. 3 City Council Ordinance 25, 2002 Meeting Date: June 20, 2002 Date Prepared: May 29, 2002 Petition MISC-01-26 EXISTING USE Subject Property Village Square Professional Park Phase II North Village Square Professional Park Phase I South Club Oasis West Courtyard Gardens East Residential Area (Village of North Palm Beach) ZONING Professional Office (PO) with a Planned Unit Development (PUD) Overlay Professional Office (PO) with a Planned Unit Development (PUD) Overlay Residential Low Density- 3 (RL-3)with a Planned Unit Development (PUD) Overlay Professional Office (PO) Residential (R2) LAND USE Professional Office (PO) Professional Office (PO) Residential Low (RL) Commercial (C) Residential (R2) g/Jackie/village sq/misc0126 stf cc 4 May 30, 2002 ORDINANCE 25, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PF PARK, LTD., FOR AN AMENDMENT TO THE VILLAGE SQUARE PROFESSIONAL PARK PLANNED UNIT DEVELOPMENT, PHASE II, TO ALLOW A COVERED PARKING STRUCTURE OVER SEVEN (7) EXISTING PARKING SPACES TO LOCATED ON THE WEST SIDE OF BUILDING #700, SAID PUD BEING LOCATED AT THE SOUTHWEST CORNER OF RCA BOULEVARD AND PROSPERITY FARMS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR ONE CONDITION OF APPROVAL;PROVIDING FOR ONE WAIVER; PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC-01- 26) for an amendment to a Planned Unit Development (PUD) from PF Park, Ltd., to allow for the construction of a covered parking structure over seven (7) existing parking spaces at the rear of Building #700 in Phase II of Village Square Professional Park, which is located at the southwest corner of RCA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Village Square Professional Park Phase II PUD is currently zoned Planned Unit Development (PUD) with an underlying zoning of Professional Office (PO), and a future land-use designation of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department and Planning and Zoning Commission on May 22, 2002, have recommended approval of said application to allow for construction of a covered parking structure over seven (7) existing parking spaces the rear of Building #700 in Phase II of Village Square Professional Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. The City Council hereby approves said application for a PUD amendment subject to the following condition, which shall be the responsibility of the applicant, its successors or assigns: O~inance 25,2002 May 30,2002 (1)The applicant shall submit a signed and sealed photometric plan that meets the requirements of the Palm Beach Gardens Land Development Regulations prior to the issuance of any building permit for the covered parking structure for Building #700 within Phase II. (City Engineer) SECTION 3. The City Council of the City of Palm Beach Gardens hereby grants the following waiver: (1)A waiver from Land Development Regulations Section 78-374(g) that states covered parking structures shall not exceed 5.0% of total required parking spaces for a site, to allow 6.4% of the 109 required parking spaces, for a total of seven (7) covered parking spaces for Phase I1. SECTION 4. Construction of the structure shall be in compliance with the following plans on file with the City’s Growth Management Department: (1)Site Plan A1.1 dated May 6, 2002, and Exterior Elevation A4.1 dated October 1,2001, by Michael Morel, Architect. 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, This approval expressly incorporates and is contingent upon representations made by the applicant’s agents at all workshops and public hearings pertaining to this project. SECTION 7. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. 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. O~inance 25,2002 May 30,2002 MAYOR ERIC JABLIN VICE-MAYOR CARL SABATELLO COUNCILMEMBER DAVID CLARK COUNCILMEMBER JOE RUSSO COUNCILMEMBER ANNIE DELGADO ATTEST BY:APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: PATRICIA SNIDER, CITY CLERK LEN RUBIN, CITY ATTORNEY VOTE: MAYOR JABLI N VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Jackie/village square/misc0126 ord.doc Ordinance 25, 2002 May 30, 2002 EXHIBIT "A" Village Square Plat No. 2 according to the Plat thereof recorded in Plat Book 90, Pages 190 and 191, of the Public Records of Palm Beach County, Florida. Sec. 78-374. Covered parking structures. Covered parking structures shall be constructed and maintained in accordance with the specifications listed below. ,~,~(a) Maintenance. A covered parking structure shall be clean and well-maintained. Disre- pair, including but not limited to rips, tears, holes, rust, and discoloration, shall be remedied immediately or shall be subject to code enforcement procedures as set forth in article VII. ~a (b) Style. The appearance and material of covered parking shall be compatible with therchitecture, style, and color of the principal structure project. ~e~c) Materials. {1)Canvas shall be a prohibited material for covered parking structures. ~rmyl coverings shall be a permitted material, provided a minimum 17-ounce reinforced grade or equivalent shall be used. (2)Metal coverings shall be constructed of a solid material, such as nonferrous alurnlrt~im~ copper, or steel. V (d) Building codes. All covered parking structures shall comply with applicable require- ments of the building code. Covered parl~ing structures shall not be constructed or installed without a building permit. ~(e) Zoning. Covered parking structures shall comply with all zoning regulations. ~(f) Landscaping. The installation of the covered parking structure shall not interfere with the natural growth of the required landscaping. ~ff.g) Maximum amount. Covered parking structures shall not exceed five percent of total required parking spaces for a site. ~h) Location. Covered parking structures shall be located a minimum of 100 feet from any public right-of-way and 50 feet from any residential district. Unless otherwise approved by the city council, covered parking structures shall be located in the rear of the principal building to which the parking structure is accessory. The location of covered parking structures shall be . subject to city approval during the development review or site plan review process, or as an ~mendment to an approved site plan. ~(i) Lighting. The construction of covered parking shall not impede, or alter the security lighting of the surrounding area. (Ord. No. 17-2000, § 190, 7-20-00) April 29, 2002 Jackie Hollaman Pla~.ing and Zoning Dept. City ofPahn Be~ch Oardens Pak~ Beach G~arden~, FL 33410 Dear Jack,e: Per our conversation regarding the covered parking spaces for Village Squsre Profession~l Park Phase II. We would like to remove the request for all of the covered p~rking places except for the seven (7) spaces behind (west) of Building 700. should eliminate the need for ell waivers except that we are now requesting 7 spaces when the number ~llowed by right is 5 spaces. Please keep us on the agende for Msy 14t~. Th~k You, Glenn Weller ~lJed leUO!~’~el~d eJenb~ el~ell!A |J! ! ~.LO.gg~99N ~l.md I~UO!~ejOJcl eJenb~ el~ell!A | CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: June 20, 2002 Date Prepared: May 31, 2002 SUBJECT/AGENDA ITEM Ord. 26, 2002: PGA Blvd. Lane Reduction First Reading: City-initiated request to amend the City’s Land Development Regulations, Section 78-231, by adopting a four-lane cross-section for PGA Boulevard west of Avenue of the Champions and revising the existing six-lane cross-section to apply only to the segment of PGA Boulevard bounded by the Florida Turnpike and Avenue of the Champions, per City Council direction. RECOMMENDATION Staff recommends approval of Ordinance 26, 2002. Reviewed by: Principal Planner.,,,~ Talal M. Be~U;#n/~;t~lCP City Attorn~_~_~_./ Finance NA Human Res. NA Submitted by: Growth Manage/m Directort Charles"~. ~Vu, AICP Approved by~/~ City Ronald Ferris / / Originating Dept.: Growth Management: Project Manager Talal M. Benothman Advertised: Date: Paper: Palm Beach Post [] Required -[’~]-R~t Required Affected parties: [] Notified [X] Not Required FINANCE: NA Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: LDR Commission Action: [ X ] Approved [ ] App. w/conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/conds. [ ] Rec. Denial D Continued to:__ Attachments: Exhibit A Exhibit B Resolution 118, 1999 Letter to County [] None City Council Meeting Date: June 20, 2002 Date Prepared: May 31, 2002 Ordinance: 26, 2002 Petition: LDR-02-03 REQUEST The amendment is proposed to comply with the City Council directive to change the cross- section of PGA Boulevard to a four-lane cross-section west of the Avenue of the Champions. Please see Exhibit "A." Section 78-231, Parkway Overlay district, currently reflects this section as a six-lane cross-section west of the Florida Turnpike. This existing six-lane cross-section has also been revised to apply only to that segment west of the Turnpike and east of Avenue of the Champions. Please see Exhibit "B." BACKGROUND In 1999, the Palm Beach Gardens City Council passed Resolution 118, 1999, supporting a four-lane cross-section and urging the County and other governmental organizations to amend their relevant documents to reflect PGA Boulevard with a four-lane cross-section, west of the Avenue of the Champions. The County’s Year 2020 Roadway Network by Number of Lanes and the Metropolitan Planning Organization’s (MPO) 2025 Cost Feasible Plan reflect PGA Boulevard as a four- lane cross-section west of Jog Road (Rider Cup Boulevard). The City of Palm Beach Gardens would like the four-lane cross-section to begin at Avenue of the Champions, which is east of what is currently reflected on the County’s Year 2020 Roadway Network by Number of Lanes and the MPO’s 2025 Cost Feasible Plan. The City Council is concerned that a six-lane cross-section west of the Florida Turnpike to Jog Road would likely require an encroachment into the residential areas of PGA National Planned Community Development (PCD) in order to accommodate the needed right-of-way for a six-lane cross-section. However, a four-lane cross-section provides the City with the opportunity to shift the proposed right-of-way to the north to protect the residential area in PGA National PCD. Another concern is that expanding PGA Boulevard to six lanes along that segment is not suitable because the area is primarily residential in nature. The two largest residential communities in the City are located along this segment of PGA Boulevard (Mirasol and PGA National PCDs). PROCEDURE This is a request initiated by staff to formally amend the City’s Land Development Regulations. The Planning and Zoning staff forwards comments and recommendations to the Land Development Regulations Commission (LDRC). Acting in an advisory role, the LDRC considers the recommendations of City staff and makes a recommendation to the City Council. The City Council reviewsthe request for approval, and makes a final determination of approval, approval with conditions, or denial. 2 City Council Meeting Date: June 20, 2002 Date Prepared: May 31, 2002 Ordinance: 26, 2002 Petition: LDR-02-03 LAND DEVELOPMENT REGULATIONS COMMISSION RECOMMENDATION: The Commission held a public hearing on May 14, 2002, and recommended approval of the proposed amendments to the City’s Land Development Regulations. STAFF RECOMMENDATION Staff recommends approval of Ordinance 26, 2002 to add a four-lane cross-section (Exhibit "A") and revise the existing six-lane cross-section (Exhibit "B") of Section 78-231, Parkway Overlay District, of the Land Development Regulations as noted above. G :Talal/LDR-02-03-str-CC MILITARY TRAIL ¯ PALM BEACH GARDENS, FLORIDA 33410-4698 March 21, 2002 Honorable Karen T. Marcus County Commissioner, District 1 Palm Beach County Board of County Commissioners P.O. Box 1989 West Palm Beach, Florida 33402-1989 Re:PGA Boulevard Four-lane Cross-section West of Avenue of the Champions Dear Commissioner Marcus: On behalf of the City Council of the City of Palm Beach Gardens, we respectfully request your assistance in urging Palm Beach County planning staff to initiate a comprehensive plan amendment to the County’s Comprehensive Plan to modify the cross-section for PGA Boulevard from six lanes to a four-lane cross-section west of the Avenue of the Champions. The County’s Year 2020 Roadway Network by Number of Lanes and the Metropolitan Planning Organization (MPO)’s 2025 Cost Feasible Plan reflect PGA Boulevard with four-lane cross-section west of Jog Road (Rider Cup. Boulevard). The City of Palm Beach Gardens would like the four-lane cross-section to begin at Avenue of the Champions, which is east of what is currently reflected on the County’s Year 2020 Roadway Network by Number of Lanes and the MPO’s 2025 Cost Feasible Plan. In 1999, the Palm Beach Gardens City Council passed Resolution 118, 1999 supporting a four-lane cross-section and urging the County and other governmental organizations to amend their relevant documents to reflect PGA Boulevard with a four-lane cross-section, west of the Avenue of the Champions. The City Council is concerned that a six-lane cross-section west of the Florida Turnpike to Jog Road would likely require an encroachment into the residential areas of PGA National Planned Community Development (PCD), in order to accommodate the needed fight-of-way for a six-lane cross-section. However, a four-lane cross-section provides the City with the opportunity to shift the proposed fight-of-way to the north to protect our residential area in PGA National PCD. Commissioner Marcus PGA Blvd. laneage March 21, 2002 Page Two Thank you for your kind and immediate attention to the above.. If you have any questions or need additional information in this matter, please do not hesitate to contact me at 799- 4120. City Manager Attachment: Resolution 118, 1999 CC: Mayor and Council members Charles Wu, Growth Management Director Talal Benothman, Principal Planner Ed Tombari, Senior Planner Maria Bello, PB County Interim Planning Director George Webb, PB County Engineer Jim Harvey, Taylor Woodrow Communities September 23, 1999 RESOLUTION 118, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING A FOUR-LANE CROSS-SECTION OF PGA BOULEVARD WEST OF AVENUE OF THE CHAMPIONS AND URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION, METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY AND PALM BEACH COUNTY ENGINEERING TO DEPICT THIS SEGMENT OF PGA BOULEVARD AS MAXIMUM FOUR LANES ON ALL TRANSPORTATION OR THOROUGHFARE PLANS AND TRAFFIC MODELS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens acknowledges the need to balance land use compatibilities and transportation needs; WHEREAS, the City has identified a future incompatibility in the potential six-laning of PGA Boulevard with existing residential uses; WHEREAS, the City acknowledges that a modified north county traffic study demonstrates only a need for four lanes on PGA Boulevard west of Avenue of the Champions; WHEREAS, the City desires a lower level of service on this segment of PGA Boulevard versus widening of the roadway beyond four lanes; and WHEREAS, the City believes that state and county plans should be modified to reflect a four-lane cross-section for this segment of PGA Boulevard. 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 urges the Florida Department of Transportation, Metropolitan Planning Organization of Palm Beach County and Palm Beach County Engineering to depict PGA Boulevard west of Avenue of the Champions as maximum four lanes on all transportation or thoroughfare plans and traffic models. Section 2, The City Council directs the City Clerk to forward this Resolution to the Florida Department of Transportation, Metropolitan Planning Organization, and Palm Beach County. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS . Resolution 118, 1999 Page 2 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFF!~CIENCY CITY ATTORNEY VOTE:AYE NAY COUNCILMEMBER RUSSO ~ COUNCILMEMBER FURTADO COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO ABSENT l I II I II I ¯I ill , ORDINANCE 26, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF PALM BEACH GARDENS BY ADOPTING A FOUR-LANE CROSS SECTION FOR PGA BOULEVARD WEST OF THE AVENUE OF THE CHAMPIONS AND REVISING THE EXISTING SIX-LANE CROSS-SECTION TO APPLY TO THE SEGMENT WEST OF THE TURNPIKE AND EAST OF AVENUE OF THE CHAMPIONS; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION IN THE CITY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has initiated an amendment to the City’s Land Development Regulations, Section 78-231, Parkway Overlay district, by adopting a four-lane cross section for PGA Boulevard west of the Avenue of the Champions, as reflected on Exhibit "A," and revising the existing six-lane cross-section to apply only to that segment of PGA Boulevard west of the Turnpike and east of Avenue of the Champions, as reflected on Exhibit "B"; and WHEREAS, on October 7, 1999, the City Council adopted .Resolution 118, 1999 supporting and urging Palm Beach County and other governmental agencies to revise their relevant plans to reflect PGA Boulevard with a four-lane cross section west of the Avenue of the Champions; and WHEREAS, on May 14, 2002, the Planning and Zoning Commission, the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the subject amendment to the City’s Land Development Regulations; and WHEREAS, the City Council determines that the adoption of the amendment to the City’s Land Development Regulations is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Section 78-231 of the Land Development Regulations of the City of Palm Beach Gardens is hereby amended to adopt a four-lane cross section for PGA Boulevard west of the Avenue of the Champions, as reflected on Exhibit "A", and revising the existing six-lane cross-section to apply only to that segment of PGA Boulevard west of the Turnpike and east of Avenue of the Champions, as reflected on Exhibit "B." Date Prepared: May 31, 2002 Ordinance 26, 2002 Section 2. The City Clerk is hereby directed to ensure that this ordinance is codified as part of the City’s Code of Ordinances. Section 3. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or work thereof be declared by any 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. All ordinances or parts thereof in conflict herewith are hereby repealed. Section 5. This ordinance shall become effective on the day of adoption. PLACED ON FIRST READING THIS PLACED ON SECOND READING THIS PASSED AND ADOPTED THIS DAY OF ,2002. DAY OF ,2002. DAY OF ,2002. ERIC JABLIN, MAYOR CARL SABATELLO, VICE MAYOR JOSEPH RUSSO, COUNCILMEMBER DAVID CLARK, COUNCILMEMBER ANNE DELGADO, COUNCILMEMBER ATTEST: BY: CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY 2 Date Prepared: May 31, 2002 Ordinance 26, 2002 VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNClLMEMBER CLARK COUNClLMEMBER RUSSO COUNClLMEMBER DELGADO G:Talal/LDR-02-03-str-cc EXHIBIT "A" "OUl H.:I~]I ’o-sn£) ’lhlcl td~:9~: ~0 ~00;~/S0/90 EXHIBIT "B" 8 0 I_d Z .< J ~0 ~’~0 no 0 "OUl H481 ’~)-snO ’$Nd OCj:z~: ~,0 ~00~/£0/90 ’~)N~G’GAI~/~)d\0£00-6Z\:d CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date:June 20, 2002 Subject/Agenda Item: Resolution 100, 2002 Approval of temporary road closure for Burns Road Construction. Recommendation/Motion: Approve Resolution 100, 2002 authorizing Hubbard Construction, Inc. to close Burns Road from 7:00 PM to 6:00 AM from July 8, 2002 to July 12, 2002. Reviewed by: City Attorney Finance Engineering Submitted by: Dan Clark, City Engineer Originating Dept.: Angela Wong, ~I-~ Project Manager’ Community Services Dept. Advertised: NA Date: Paper: Costs: Funding Source: [ X ] Operating Council Action: [ ] Approved [ ] Approved .~ conditions [ ] Denied [ ] Continued to: Attachments: [ ] Not Required [ ] Other Resolution 94, 2002 LBFH Work Order #2002- 001 Affected parties ~~_.L] Notified [ X ] Not required f, City Manager Budget Acct.#: 026-0900-519.3170 [ ] None BACKGROUND: The Burns Road Widening Project is currently underway to alleviate traffic congestion within the City by providing an alternate east-west thoroughfare to PGA Blvd. To accelerate construction activities for the road, the Contractor has asked to close Burns Road under the 1-95 overpass between the hours of 7:00 PM and 6:00 AM for each of the days from July 8, 2002 to July 12,2002. The Contractor will be installing drainage lines and other utilities as required by the design documents. The Contractor h as informed a II departments o f t he request. The Contractor will be providing special signing ahead of the closings to notify the public and will be producing an MOT Plan for the closure. RECOMMENDATION: Staff recommends the approval of Resolution 100, 2002 authorizing the temporary road closure. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 100, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE TEMPORARY NIGHTLY CLOSURE OF THE WESTERN PORTION OF BURNS ROAD FOR CONSTRUCTION ACTIVITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in the process of widening the western portion of Burns Road from Alternate AIA to Military Trail; and WHEREAS, the Contractor has advised the City that it will be necessary to conduct nightly closures of Burns Road on a temporary basis to facilitate the installation of drainage improvements under the Interstate 95 overpass; and WHEREAS, section 62-2 of the City’s Code of Ordinances authorizes the City to approve temporary or interim closures of public streets provided such closure serves a proper public purpose; and WHEREAS, the City Council determines that the temporary nightly closure of the western portion of Burns Road serves a proper public purpose. 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 authorizes the temporary closure of the western portion of Burns Road from 7:00 p.m. to 6:00 a.m. commencing on July 8, 2002 and ending July 12, 2002, or as soon thereafter as the installation of the necessary drainage facilities is completed. 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. -1- SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS __DAY OF ,2002. ATTEST: MAYOR ERIC JABLIN CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE:AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK COUNCILMAN RUSSO COUNCILWOMAN DELGADO Hubbard Construction June 20, 2002 Mr. Ray Prescott LBFH 3550 SW Corporate Parkway Palm City, FL 34990 Burns Road (Military Trail to Riverside Drive) Request for Variance and MOT Plan Dear Mr. PrcscoR: Hubbard Construction Company is r~questing ~ variance for the purpose of installation of the storm drainage system on Bums Rd. in the vicinity ofi-95. This work would commence Monday, July 8, 2002 and run through Friday, July 12t~, 2002. The work hours proposed with this request will be 7:00 pm until 6:00am. Per the attached plan, Bums Rd. would be closed at 1-95 with traffic detoured via PGA Blvd. If you should have any questions regarding this issue, please contact our office. Sincerely, Hub)mf)av/Cop. st~ucj~lon Company, ~e. ~oj~ En~ CC: 70011 l.g/70011 1.ff/TC / MK / TW/Contracts Enc: MOT Plan East Coast Division 2269 Indian Road ¯ Building #3 ° West Palm Beach, FL 33409 ° (561) 683-8601 ¯ FAX (561) 683-0121 Established in 1920 HUBBARD CONSTRUCTION COMPANY MOT PLAN - STORM DRAINAGE WORK @ 1-95 BURNS ROAD (MILITARY TRAIL TO RIVERSIDE DR) Military Trail 1-95 Riverside Dr. ALT AIA 1,2,3 2 4 4 1,2,3 1,2,5 5 1. VMS Boards 3 Days Prior & Dudng 2.Type III Barricade w/Detour & Arrow 3.Type III Barricade w/Road Closed, Local Traffic Only 4.Type III Barricade w/Road Closed IBums Rd I @ I -95 7pm-6am I July 8 to July 12 IUse PGAI AlteamS ate I 5. Type II Barricade w/Detour Arrow FINAL DRAFT Cily of Palm Beach Gardens. Stormwaler Management Plan Prepared by LBFH, Inc. January 2002 Executive Summary Government and the community now recognize that stormwater capacity is a major contributor to the environmental and fl_~in~ degr_a.Oa_tio_.n of many of the State’s natural and man-made waterways. In the City of Palm Beach Gardens, where most of the City’s drainage basins have been extensively modified through urbanization, the impacts associated with the older more modified stormwater canals are well documented. The majority of the City of Palm Beach Gardens’ (City) surface water management system was constructed in the early 1960’s. Over the years as the facilities have aged, their original design cross sections have diminished resulting in a decrease in canal storage and conveyance capacity. Public meetings were held after the October 1995 storm, the January 1999 storm and Hurricane Irene where residents expressed their concerns over flooding that occurred within the City. Restoration activities were planned and some undertaken, to clean the canals to decrease the frequency of flooding. In 1999 the City solicited LBFH, Inc. to study the implementation of a stormwater utility to provide a dedicated funding source for the badly needed stormwater management projects. When the City Council voted not to proceed with the stormwater utility, the need for a stormwater plan that prioritized projects within the City was identified. A very important understanding in any stormwater management document prepared in South Florida is the definition of expected levels of service. Water surface elevations in relation to the road crown elevation and finished floor elevation generally define levels of service for stormwater systems in Florida. Based on South Florida Water Management District (SFWMD), Palm Beach County and City criteria, levels of service are typically discussed in terms of a 10- year storm, a 25-year storm, and a 100-year storm. Most of the City’s neighborhoods have grassed swales in front of the homes. Those swales serve as stormwater conveyance facilities where residents should expect to find water during the 10- year storm event. As the intensity of rainfall events increases, additional runoff must be stored within the system. Generally, a 25-year storm event will drop approximately 10 to 12 inches of rainfall in a 24-hour period (SFWMD 1990, 14). For this type of storm event, residents can expect water in the roadways, sometimes even at or above the crown of the road. This is what ii would be considered a"nuisance?’ high water situation. For the purpose of this plan, the presence of water in the swale in front of the house or in the street is not considered a flooding situation. A 100-year storm event can drop as much as 12 to 13 inches of rainfall on the area within a 24- hour period (SFWMD 1990, 14). It is the intent of the regulations of both the City and SFWMD that during a 100-year 3-day rainfall event that water levels should not reach finished floor elevations. As long.as the building floors stay dry, the water management system is performing effectively and correctly. The drainage system serving the City includes water management facilities operated and maintained by SFWMD, NPBCID and the City. The drainage system can be divided into eight major drainage basins: The City’s C-17 Canal Basin, Unit 2 Basin, PGA National Resort Basin, Parcel 16 Basin, Mirasol Basin, the Allamanda Basin, RCADitch Basin, and the Palm Beach County Cabana Colony Canal Basin. Projects were identified by basin and classified as either "proposed capital improvements" or "projects requiring further investigation". For the ten proposed capital and canal restoration projects nine (9) criteria were selected to be part of the project evaluation process. The evaluation criteria selected to prioritize and rank the projects were Flood Damage Impacts Upstream, Discharge Capacity Diminished, Impacts C-17 Discharges, Historical Flooding Complaints, Potential for Citizen Involvement, Financial. Assistance Possible, Benefits to other Capital Improvement Projects, Aesthetic Value to the City, and Public Health and Safety Ranking. Preliminary cost estimates were then prepared for the ten recommended Capital and Canal Restoration Projects. A summary of the project ranking and cost estimates is provided below: Capital and Canal Restoration Projects Ranking Project Construction Cost 1 $200,000Thompson River Canal (Lighthouse to Holly) Thompson River Canal (1-95 to Military) FEC Ditch (Burus to RCA Blvd.) Thompson River Canal (Military south to Seagrape) Allamanda Spillway Operable Gate Plat 4 - Phase 2 Thompson River Canal (Earman Canal to Lighthouse Dr.) Thompson River Canal (Holly to 1-95) Earman River Canal (MacArthur Bivd to Thompson) Thompson River Canal (Mil to Hickory S. of PGA Blvd.) 2 3 4 6 6 $250,000 $168,000 $367,OOO $8O,OOO $1,340,230 $49,80O $153,250 $55,O0O $750,500 It should be noted that Plat 4 is the only "secondary" drainage system currently included in the priority list. However, there are several older secondary drainage systems in the City, similar to Plat 4 that are reaching the end of their useful life. These systems will soon be due for replacement and renewal. As problems are identified within these older systems, through citizen complaints, flooding, and/or Public Works operation, maintenance and inspection activities, further investigative work should be undertaken by Public Works to determine replacement and renewal needs. Those projects could then be incorporated into the Capital Restoration priority ranking for the City. iii .INTRODUCTION Background ¯ The City Of Palm Beach: Gardens is located in thenortheastern part of Palm Beach County, Florida (Figure 1). The majority of the City of Palm. Beach Gardens" (City)surface water management system was constructed in the early 1960’s. Over the years as the facilities have .aged, their original design cross sections have diminished resulting in a-decrease in canal storage and conveyance capacity. Public meetings were held after the October.. 1995 storm, the January 1999 storm and Hurricane Irene where-residents expressed their concerns over flooding that occurred within the City. Restoration activities were planned and some undertaken, to clean the canals to decrease the frequency of flooding. In 1999 the City solicited LBFH, Inc. to study the implementation of a stormwater utility to provide a dedicated funding source for the badly needed stormwater management projects. When the City Council voted not to proceed with the stormwater utility, the need for a stormwater plan that prioritized projects within the City was identified. Purpose of the Plan The purpose of this stormwater plan is to identify and prioritize stormwater management projects for the City, and to provide the City with a planning tool for use in budgeting stormwater management projects. The main focus of this report is on the City’s primary drainage system (canal drainage), however, it also addresses some of the secondary (storm sewer) and tertiary drainage (swale) issues within the City. An example is the proposed works in Plat 4, which include secondary drainage improvements to address substantial hyd~:aulic conveyance and storage problems. The conclusions and recommendations contained in this report are based on various sources of information including: the City Manager, past and present Public Works Directors, past and present employees of the City, the City Engineer, Northern Palm Beach County Improvement District and recent survey information where available. Scope of the Plan LBFH, Inc. was authorized by the City of Palm Beach Gardens in July of 2001 to prepare a plan for proposed stormwater management improvements of the City’s drainage system. The scope of work included collection of available information on the existing drainage basins, control structures, and the current status of the canal and swale restoration work. The scope required development of a plan to prioritize stormwater management projects and provide a recommended schedule for completion and preliminary engineer’s opinion of probable costs. Other Ongoing StOrmwater Management Efforts Swale Restoration The’City’s Public Works Department has a swale maintenance crew that performs construction or rehabilitation of swales within the road rights-of-way. Through fiscal year 2000 the City had rebuilt 27 sites for a total of 3.85 miles of swale restoration. A typical roadway swale cross- section has been developed for the City’s rights-of-way.(see Figure 18). It is recommended that the City continue the swale restoration work by prioritizinglocations based on the 2001 Pavement Management Program for roadway resurfacing and repair that is currently being finalized. The swale construction .and restoration work will be scheduled at the same time as the roadway work to save taxpayer’s dollars and minimize disruption in the neighborhood. Roadway repairs are often disruptive to the swales and require the swales to be regraded and repaired. We do not want to improve swales before the adjacent roadwork is complete only to have the swale work destroyed. The current swale crew budget is approximately $425,000. Council will approve the proposed rate of road pavement improvements and we recommend coordination between programs. Should the improvements not require the full budget for swale work, the unused funds should be used to complete other works documented herein. Radio Telemetry System Radio telemetry is the technology of automatic radio transmission of data from a remote source to a receiving station for recording or analysis. A good radio telemetry system can provide the backbone for remotely monitoring and controlling surface water management systems. By using a common radio channel, a computer at a central site can query each of the remote locations for water level data. This eliminates the need to drive around the City to check on head water stages at remote locations. In order for the City Public Works staff to be able to assess potential flooding situations more accurately, and in a much more efficient manner, the Public Works Department is proposing to install radio, telemetry equipment at various sites. The radio telemetry remote terminal units (RTUs) will monitor water levels and send the real-time data to a Central Terminal Unit in the City’s Municipal Complex. Designated persons on the City’s intranet will have access to the data. The equipment installed will be compatible with NPBCID’s, offering some advantages to the City in being able to view water levels monitored by NPBCID in the futu.re. Due to funding issues the project is being phased. The first phase includes installing five (5) RTUs and the Central Terminal Unit. In the near future, three (3) additional RTUs are proposed to be installed within the Mirasol project as part of their Development Order. The five proposed sites are (see Figure 19): 1.MacArthur Bridge. 2.Oaks East control structure*. 56 Canal and¯ Capital Restoration Pro|ect Evaluation Evaluation Criteria Definition of project evaluation criteria is a challenging task. A brainstorming session was held with senior water resources staff to define possible evaluation criteria. During that session, 35 different criteria were identified. Of those 35, some were grouped with others or considered to ~be very similar and merged to a final listing of 22. Of these 22, thirteen were determined to be either subjective or there was agreement that no data¯ was. available to support their use and no time was available to generate data. The remaining nine (9) evaluation criteria that were selected to be part of the project evaluation process are shown in Table 3. A brief description of each criterion follows: Flood Damage Impacts Upstream This criterion is whether or not the reach of canal or subbasin, due to its existing condition, is causing adVerse impacts upstream. For a reach of canal, an adverse upstream impact .would be ¯ higher stages due to a decreased ability of the canalto convey basin discharges. Higher tailwater stages upstream result in a decreased ability for upstream areas to discharge at their design and/or permitted capacity. A "YES" answer indicates this reach does cause impacts to upstream canal areas. Data was assembled from Public Works, Citizen Services, and GIS Department for this criteria. Discharge Capacity Diminished This criterion indicates whether a canal reach is no longer at its original design capacity, due to sedimentation or siltation, and sloughing in of the canal bank side slopes. For an older storm sewer system, the original design capacity may be undersized, or the system may be deteriorating, or may no longer be adequate to pass the flows due to changing conditions since it was originally constructed. A "YES" answer indicates the design capacity is diminished. Data was assembled from Public Works, Citizen Services, and Engineering for this criteria. Impacts C-17 Discharges Figure 20 demonstrates that most of the City’s stormwater related complaints come from the C- 17 basin and in particular the Thompson River Canal and the Earman River Canal. We also recognized that several other municipal governments and agencies discharge to the C-17 and have a potential impact on our high water concerns. Therefore, anything we do to decrease our impacts to the C-17 benefit the regional high water issues. This evaluation criterion is "YES" if the canal reach or subbasin outfalls to the C-17 Canal, either directly, or indirectly. Historical Flooding Complaints This criterion is depicted in Figures 20, 21 and 22, and is partly based on complaints documented in the City’s Citizen Services Specialist’s complaint log for the period between January 1, 1999 60 N o Z Z Z Z Z ~ ~’ Z ~ ~’ Z Z ;~ Z Z Z Z 7-. Z Z ~ Z 7-. Z Z Z Z ~ Preliminary Cost Estimates " Preliminary cost estimates, have been prepared for the ten recommended Capital and canal " .Restoration Projects (see Table 4). These are planning.level cost estimates with a feasibility level accuracy of plus or minus 30 percent of actual costs in present day dollars. Consistent judgment and assumptions were applied during their development. For the canal restoration projects, actual unit costs for previous canal restoration projects were used, along with consideration for accessibility of the sites. A more detailed cost estimate is provided for Plat 4 - Phase 2 that is broken down by subbasin. Table 4: Preliminary Cost Estimates CanalCapital and Canal Unit Cost Total Cost Restoration Projects Length Notes ~ (LF)$/LF Allamanda Basin IAllamanda Spillway 1 !Operable Gate 0 $-$ 80,000 C-17 Canal Basin !Earman River Canal (MacArthur Bird to Removal of Sediments; 2 Thompson)550 $ 100.00 $ 55,000 Restoration of banks; FEC Ditch (Burns Rd. to RCA Blvd.) Thompson River Canal(Earman Canal to Lighthouse Dr) 60.00 $168,000 Hydraulic analysis; design cross-section; Coord. w/FEC; Full Restoration; 120.00 $ 49,800 East bank restoration only Thompson River Canal (Lighthouse to Holly)100.00 $ 200,000 Full canal restoration Thompson River Canal (Holly to 1-95) 2800 $ 415 $ 2000 $ 3065 $ 2500 $ 3670 $ 7505 $ Thompson River Canal (I- 95 to Military) 50.00 I00.00 100.00 100.00 Thompson River Canal (Military south to 8 Seagrape) $153,250 $ 250,000 $ 367,000 $ 750,500 Thompson River Canal (Mil. to Hickory S.ofPGA 9 Blvd,) West bank restoration only Full canal restoration Includes 220 feet perpendicular to Military Trail and three lengths of canal along Juniper and Spruce. Full Canal Restoration. Includes length of canal through! golf course, south of PGA Blvd and ends at western intersection with Hickory Dr. - Full canal restoration; 67 Unit 2 Basin Canal UnitCosf Total Cost ¯ Capital and Canal Length NotesRestoration Projects (LF) $/LF $ 10 Plat 4 - Basin 1 ¯ $ 280,890 $ 225,000 Birch Street (inlets), Pinetree Blvd (outfall) Ficus Street - Hazel Avenue - FirStreet -Plat 4 - Basin 2 $- Plat 4 - Basin 4 $-$ 82,550 Linden Avenue - Birch Street Bayberry Street - Linden Plat 4 - Basin 5 $-$ 524,640 Avenue Plat 4 - Basin 6 $ 75,410 Catalpha Avenue Plat 4 - Basin 7 $-$ 76,020 Cedar Avenue - Chestnut Ave iPlat 4- Basin 8 $-$ 75,720 Cottonwood Avenue ]’otal Plat 4 - All Basins $-$1,340,230 68 Recommendations The report recommendations, fall into three basic categories:. Investigation~,Continued Involvement, and Project Construction and Implementation. Investi.qation It was recognized during the development of the plan that there was very limited information available on some reaches of the canals. Not only specifically about the canals, but also about impacts to adjacent properties and impacts to properties within the subbasins associated with those canals. Therefore, it was not within the author’s ability to fill in the evaluation criteria . tables for those reaches from a position of knowledge. Our recommendations,, therefore, are to seek additional information on these particular reaches of canals. Listed below are the specific reaches that have been identified as areas requiring further investigation by the City’s Public works staff. ¯Earman River Canal from MacArthur Blvd. to C-17 ¯Earman River Canal from 1-95 to Military Trail ¯Thompson River Canal from Hickory to Avenue of the PGA’s ¯FEC Ditch from RCA Boulevard to Plat 4 ¯Bellwood Canal South ¯Bellwood Canal North ¯Allamanda Canal from Siena Oaks to the Oaks East Development at Bums Road ¯Allamanda Canal from the Oaks East Ditch Juncture East and South to the end of the Canal adjacent to Parcel 14 of the Meridian Park Condominium Development Allamanda Canal adjacent to and within the Meridian Park Development from its Juncture with Siena Oaks to its location adjacent to the Palm Beach Gardens Medical Center Hospital and then South to Meridian Way These reaches of canals need to be evaluated, some additional data collected and then a prioritization established in conjunction with the other projects that are in our current canal restoration projects ranking list. The canals to be investigated do not demonstrate any major failures and therefore should not be considered urgent. However, it is prudent that these canals be investigated soon. It is our recommendation that these canals be investigated within an 18- month period of time and that this report be modified to include the canals in the ranking at that time. 69 Continued Involvement Listed below are the special projects that have been-identified as those reqmring continued involvement: ¯Radio Telemetry System ¯S 44 Structure Third Gate (SFWMD) ¯C-17 Backpumping and Treatment Project (SFWMD/CERP) ¯G-160 Structure in the C-18 Canal (SFWMD) ¯Unit 2FLlnit 2A Second Outfall (NPBCID) The .analysis of the third gate for the S 44 structure, the improvements being contemplated for the C-18 Canal, along with projects associated with backpumping C-17 waters into the City of West Palm Beach’s Water Catchment Area are all activities that require the City to maintain some involvement. All three of these projects have the potential to have a significant impact on the City’s water resource system, and as such require participation on the City’s part. Our recommendation is that the City maintain involvement in all four of these study projects and where necessary, write letters that support positions that benefit the City. In addition to the specific projects listed above, it is our recommendation that the City take an active role in cooperation with developers of vacant parcels within the City yet to be developed. Where the City-has canals and conveyance facilities adjacent to those parcels, the City must work closely with the developers to ensure that the appropriate improvements are factored into the site plan and into the development order conditions. Follow-up is also necessary to ensure that those improvements are made at the time the site is developed. 70 Project Construction. and ImplementatiOn The following table identifies the capital and canal, restoration projects and their priority as established by the evaluation criteria.. We have added preliminary cost estimates next to each of .those rankings. " Table 5: Recommendations .. Capital and Canal Restoration Projects.Ranking Proj~t Construction Cost Thompson River Canal (Lighthouse to Holly)1 $200,000 Thompson River Canal (1-95 to Military) FEC Ditch (Burns to RCA Blvd.) Thompson River Canal (Military south to seagrape) Allamanda Spillway Operable Gate Plat 4 - Phase 2 Thompson River Canal (Earman Canal to Lighthouse Dr.) Thompson River Canal (Holly to 1-95) Earman River Canal (MacArthur Blvd to Thompson) Thompson River Canal (Mil to Hickory S. of PGA Blvd.) 2 3 4 5 5 6 6 $250,000 $168,000 $367,000 $80,O00 $2,087,620 $49,800 $153,250 7 $55,OOO 8 $750,500 The Thompson River Canal from Lighthouse to Holly Drive is not a surprise. We have identified ¯ that project as a primary project that the City needs to undertake for some time. Note that reaches like the Thompson River Canal from Holly to 1-95, which has already been cleaned and had one bank established, but needs to have the second bank established, is identified here as a lower priority. A focus, as we hoped it would be, has been to re-establish canal cross-sections and recreate the principal drainage areas first. No. One Ranking - Thompson River Canal- Lighthouse to Holly Excavate sediments, re-establish canal cross-sections and establish access and maintenance platforms on each side of the canal. No. Two Ranking- Thompson River Canal - 1-95 to Military Trail Excavate sediments, re-establish canal cross-section and establish maintenance and access platforms on each side of the canal. No. Three Ranking - FEC Ditch - Burns Road to RCA Boulevard In close coordination with the FEC Railroad, clean the existing ditch, re-establish the ditch cross- section, and encourage the FEC to remove vegetation from the FEC right-of-way. No. Four Ranking - Thompson River Canal- Military Trail south to Seagrape 71 Excavate sediments, .re-establish canal platforms on each side of the canal: cross-sections and establish iaccess and maintenance.- No. Five Ranking - This is a tie between two projects -.The Allamanda Spillway Operable Gate. Project and Plat IV, Phase II AilamandaSpillway Operable Gate Perform hydraulic analysis and design and install an operable gate into the .salinity weir on the Allamanda Canal. Plat IV, Phase II Complete all additional piping and swale improvements within Plat IV~ No. Six Ranking - This is a tie between two projects - Thompson River Canal- Earman Canal to Lighthouse Drive and Thompson River Canal- Holly Drive to 1-95. Thompson River Canal - Earman Canal to Lighthouse Drive Establish an access platform .on the east side of the Thompson River Canal and finalize canal cross-section. Thompson River Canal - Holly Drive to 1-95 Establish an access platform on the west and south side of the Canal, re-establish and finalize canal cross-section. No.-Seven Ranking - Earman River Canal - MacArthur Boulevard to Thompson River Investigate sedimentation and bank erosion, re-establish canal cross-section, establish access and maintenance platforms on both sides of the canal. No. Eight Ranking - Thompson River Canal Military Trail to Hickory South of PGA Boulevard Excavate sediments, re-establish canal cross-section, re-establish access and maintenance platforms on each side of the canal. It should be noted that Plat 4 is the only "secondary" drainage system currently included in the priority list. However, there are several older secondary drainage systems in the City, similar to Plat 4 that are reaching the end of their useful life. These systems will soon be due for replacement and renewal. As problems are identified within these older systems, through citizen complaints, flooding, and/or Public Works operation, maintenance and inspection activities, further investigative work should be undertaken by Public Works to determine replacement and 72 renewal needs. Those projects could then be incorporated into the Capital Restoration priority ranking for the City. Schedule It will be important for the City to complete the prioritized projects as quickly as funds are made available: In addition, the investigative work should be completed as Soon as possible to determine whether additional projects need to be evaluated and added to the priority list. Due to the age of the City’s stormwater system, continued maintenance and enhanced¯ restoration work is essential for properly managing flood control efforts. ~Table 6 below shows the anticipated durations for each of the projects. These are calendar day estimates and include the construction activities as well as bid and award time, time for community notice and neighborhood meeting,s, time for permitting, outside agency coordination, mobilization and demobilization. Actual construction efforts range from 107 to 528 days. Table 6: Schedule Capital and Canal Restoration Projects Thompson River Canal (Lighthouse to Holly) Thompson River Canal (1-95 to Military) FEC Ditch (Burus to RCA Blvd.) Thompson River Canal (Military south to Seagrape) Allamanda Spillway Operable Gate Plat 4 - Phase 2 Thompson River Canal (Eannan Canal to Lighthouse Dr.) Thompson River Canal (Holly to 1-95) Earman River Canal (MacArthur Blvd to Thompson) Thompson River Canal (Mil to Hickory S. of PGA Blvd.) Expected Length of Construction (days) 311 312 419 409 140 540 228 355 227 648 73 RECEIVED: 6/20/02 1:46PM; ->HP LASERJET 3150; #429; PAGE 2 86/28/2802 14:13 561-575-5268 GGG & ASSOCIATES PAGE 82 GENTILE HOLLOWAY O’MAHON~Y - ~lnevl~antO ¯ LC-O~01~ June 20,2002 Ms. Kara InNin Planning & Zoning City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FI 33410 RE:PGA Plaza, Rezoning & Site Plan Review Ordinance 21,2002, Second Reading Dear Kara: Mr. Dan Clqrk, City Engineer, has reguested us to obtain written conflrrnatien from the Department of Transportation regarding the median on PGA Boulevard adjacent to the above referenced project. We have been unable to secure such wdtten confirmation prior tO tonight’s City Council meeting. We anticipate we will receive the requested information prior to the July 18, 2002 City Council meeting and will accept a continuance to that date. Please contact our office With any questions or concerns. Wend~ J. Mahr, ASLA Land~l:ape Architect ~ Gentile Holloway O’Mahoney & Associates, Inc. Cc:Mr.Dan Clark Mr.Adams Weaver Mr.William Perry M~.Frank Kurchinski Mr.Roger Dyess Mr.Peter Aqua~t 1907 £.ornmer~¢ L~n¢, 9Vl~ tO1 . .. 10 I - E . .. 4 f; 0 z .. . . r I! ; L U I - I I - 0 7 1 11'- 4" I 1 clyp-) 7 -. . 4 t Southe as t Modular Manufacturing 2500 INDUSTRIAL STREET LEESBURG, FLORIDA 34748 ED 06-1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 7,2002 Meeting Date: June 20,2002 h SubjeeVAgenda Item: Advisory Board. Appointment of members to the Parks and Recreation RecommendationMotion: Approve list of candidates to serve as members of the P Parks and Recreation Advisory Board. Finance N/A Other N/A Submitted by: oeparbnent Diredor City Manager Originating Dept: Adverticed: [XI Required Affected parties b [XI Not required SL Current FY Funding Source: Budget Acct.X: NIA