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HomeMy WebLinkAboutAgenda Council Agenda 030305City of Palm Beach Gardens Council Agenda March 3, 2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Council Member Delgado Vice Mayor Russo Council Member Levy Council Member Valeche CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 3, 2005 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 4) Approve Minutes from the February 3, 2005 regular City Council meeting. IX. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 8, Resolution on Page 15) Resolution 28, 2005 – Frenchman’s Creek Turf Maintenance Facility. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment petition of Land Design South, agent for Frenchman’s Creek Inc., for the Turf Maintenance Facility at the Frenchman’s Creek Planned Community Development (PCD), located East of Alternate A1A, South of Donald Ross Road, and North of Hood Road, as described more particularly herein; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Staff Report on Page 30, Resolution on Page 33) Resolution 29, 2005 - First National Center Sign Waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver from City Code Section 78-285, Permitted Signs, to allow for the installation of a tenant sign above the second floor line on the West elevation, of the First National Center at Parcel 27.03, within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for a condition of approval; and providing an effective date. Part II – Non-Quasi-judicial X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 3, 2005 The February 3, 2005 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:05 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor Eric Jablin, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado, Councilmember Levy, and Councilmember Valeche. ITEMS OF RESIDENT INTEREST: Councilmember Levy thanked Linda Hughey for the Florida State gift. Councilmember Levy reported he had toured Cypress Creek Watershed Basin as a part of the Loxahatchee River Water Management Control Council, and provided a presentation of that tour of the Northwest Fork of the Loxahatchee River, federally designated a wild and scenic river and a part of the Everglades Restoration Program, and described conservation efforts. Vice Mayor Russo reported the Honda Classic would be held for the next two years at Mirasol, and that this year’s event was only five weeks away. Councilmember Valeche reported problems on the turnpike had been reported on the evening news that night. Mayor Jablin reported he had attended the ground-breaking for Baskin Palmer that day. The Mayor announced that a sculpture created by Mark Fuller honoring Hank Skokowski was going to be donated to the City by the Hank Skokowski Art in Public Places Foundation fund and the unveiling would be February 14. CITY MANAGER REPORT: City Manager Ferris reported that the Police Benevolent Association contract had been ratified by the police officers and would be on the February 17 agenda for approval. City Manager Ferris advised that any three members of the City Council could set a policy at any time, which it was the responsibility of the City Manager to carry out. Economic Development Incentive and Scripps Update The City Manager provided a report on Scripps, with the Brigger Tract as an alternate site, showing how the Council and the public had been kept informed on this matter and had participated in the process, and documenting each step in the process. Scripps was described as a part of the City’s economic development incentive. The City Manager reported he and his staff had had no knowledge regarding a recent survey that was sent out before it had been distributed. The City Manager commended staff for their hard work on the Scripps project and the economic development element of the comprehensive plan. Natalie Wong provided an update on staff activities in this regard and announced that information would be provided to the county. Ms. Wong gave an update of information pertaining to the site, the surrounding land uses, overview of economic impact, schedule and timing, current plan, traffic update, and some economic incentives, and answered questions from the Council. City Engineer Dan Clark reviewed traffic issues, concluding that traffic numbers were better for the Brigger Tract than any of the other potential Scripps sites. Ms. Wong shared ideas the staff planned to present to the county, which would provide economic incentives to make the project as feasible as possible. Ms. Wong announced that Council would receive tonight handouts of this presentation, the trip generation analysis, the thousand friends of Florida letter endorsing Brigger as the best alternative site, a traffic impact statement by the City’s CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/3/05 2 traffic consultant that stated future proposed traffic with the Brigger Tract would not require construction of the Frederick Small bridge, the latest site plan including Scripps phase one, and a detailed schedule laying out specifically line-by-line all the items related to the comprehensive plan, the DRI, the zoning, and all of the ERP permits. Mayor Jablin commented he would like this presentation to go out to the general public because of all the misinformation that had been out; Ms. Wong responded it could be placed on the website. Staff was thanked by the Council for this great presentation and marketing tool. Discussion by Council ensued. Consensus was to put out a mailing to residents with concise information and dispelling misinformation. COMMENTS FROM THE PUBLIC: Lynn Metcalf, Sabal Ridge, asked what was meant by misinformation, and acknowledged she had received a survey sent out by Councilmember Delgado. Ms. Metcalf expressed her opinion Scripps would be too close on the Brigger Tract, and there would be no affordable housing. Councilmember Levy explained some of the misinformation had been stated by the county. Ms. Metcalf requested that in the future when misinformation was discussed that the exact nature of the misinformation be stated. Vito DeFrancesco, Shady Lakes, spoke about concurrency and Ordinance 10, 2003, which gave an additional year, gave more power to the growth management district, and gave one developer an extension on concurrency that did not have a developmental order if they provided full submittal by March 31, if they got a developmental order during 2004, and 30 days after that must give away the right-of-way to Shady Lakes Drive. Mr. DeFrancesco reported the right-of-way had not been turned over, and people still owned the property after the 30-day deadline. Staff indicated a report would be provided on this at the next meeting CONSENT AGENDA: Vice Mayor Russo moved approval of the consent agenda. Councilmember Delgado seconded the motion. Motion carried by unanimous 5-0 vote. The following items were therefore approved on the consent agenda: a. Approve Minutes from the January 6, 2005 regular City Council meeting. b. Resolution 20, 2005 – Appoint Dr. Arthur Anderson, Supervisor of Elections to City Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Supervisor of Elections to the City’s Canvassing Board and authorizing the Supervisor of Elections to act on the City behalf; authorizing the City Clerk to appoint elections officials for the purpose of conducting the municipal election; and providing an effective date. c. Resolution 24, 2005 - Palm Beach County Law Enforcement Agencies Mutual Aid Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing execution of the Palm Beach County Law Enforcement Agencies Mutual Aid Agreement; authorizing the Police Chief to execute additional agreements to effectuate the mutual aid agreement; and providing an effective date. d. Consider approval of Change Order No. 2 with Total Maintenance Building Services, Inc. for landscape debris removal services at the City’s Golf Course. PUBLIC HEARINGS: Part I – Quasi-judicial The City Clerk swore in all those intending to speak on the quasi-judicial case. Resolution 13, 2005 - Bombay Sign Waivers at Parcel 27.05/.06. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving three waivers from City Code CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/3/05 3 section 78-285, Permitted Signs, to allow for the installation of additional signs for retail building 2 at parcel 27.05/.06, located within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for a condition of approval; and providing an effective date. The City Clerk read Resolution 13, 2005 by title only. Exparte communication was reported by Councilmember Delgado that she had met with staff. No other exparte communication was reported. Senior Planner Brad Wiseman presented the project. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Mr. Benothman read into the record the following condition of approval: The applicant shall be prohibited from having window signs behind the window glass on PGA Boulevard. Councilmember Delgado made a motion to approve Resolution 13, 2005 with the condition as read into the record by staff. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. Part II – Non Quasi-judicial Ordinance 5, 2005 – Exempting the City of Palm Beach Gardens from the early voting provision. (2nd Reading and Adoption) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida related to elections; creating a new section 26-23 Code of Ordinances to be entitled “Early Voting Exemption”; providing for codification; and providing an effective date. The City Clerk read Ordinance 5, 2005 by title only on second reading. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Valeche made a motion to adopt Ordinance 5, 2005 on second reading. Councilmember Delgado seconded the motion which carried by unanimous 5-0 vote. RESOLUTIONS: Resolution 14, 2005 – Approve the purchase of 6 column vehicle lifts. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of six (6) column lifts from Gray Automotive via GSA Contract number GS-07F-6098P; and providing an effective date. Fire Chief Pete Bergel presented the request. Vice Mayor Russo made a motion to approve Resolution 14, 2005. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Resolution 25, 2005 – Command Post Vehicle Subgrant Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Police Chief to execute a Subgrant Agreement with the Sheriff of Broward County for funding for a command post vehicle; and providing an effective date. Police Chief Stepp presented the proposed agreement. Linda Hughey, Reed Drive, questioned asked if the vehicle was equipped with bullet-proof glass. Police Chief Stepp explained this was not that type vehicle, but would be used just outside the center of activity. Ms. Hughey asked that the glass be enforced so it could not be penetrated. Joan Elias, Diamond Head Way, expressed excitement that this vehicle was bigger than the old Police Department. Vice Mayor Russo moved approval of Resolution 25, 2005. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. CITY ATTORNEY REPORT: Vice Mayor Russo indicated the county was upset because they were doing so much work in Palm Beach Gardens and had requested the city withdraw from the lawsuit with other cities against the county regarding the annexation ordinance. City Attorney Tatum reported the status of the case. Discussion ensued. Vice Mayor Russo made a motion that the City withdraw from the intervention. Motion was seconded by Councilmember Delgado and CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/3/05 4 carried by unanimous 5-0 vote. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 9:03 p.m. APPROVAL: ____________________________________ MAYOR JABLIN ____________________________________ VICE MAYOR RUSSO ____________________________________ COUNCILMEMBER DELGADO ____________________________________ COUNCILMEMBER LEVY ____________________________________ COUNCILMEMBER VALECHE ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 28,2005 SubjecUAgenda Item: Resolution 28,2005: Frenchman’s Creek Turf Maintenance Facility Consideration of Approval: A request by Jim Gielda of Land Design South, on behalf of Frenchman’s Creek Inc., for approval of a site plan amendment to the turf maintenance facility at the Frenchman’s Creek Planned Community Development (PCD). The Frenchman’s Creek PCD is located east of Alternate AlA, north of Hood Road, and south of Donald Ross Road. [XI Recommendation to APPROVE with two waivers [ 1 Recommendation to DENY Reviewed by: Tala1 Benothman, AICP les K. Wu, AICP 7dk cL\. - Growth Management Administrator Originating Dept.: Growth Management: Senior Planner t---- Development Compliance [XI Quasi-Judicial [ ] PublicHearing [ ] Legislative Affected Parties: [XI Not Notified City Manager [XI Not Required Date: NIA Paper: N/A Finance: Costs: $ NA (Total) $ NA Current FY Funding Source: [ ]Operating [X ] Other N& Budget Acct.#: NIA City Council Action: [ ]Approved [ 3 Approved wl conditions [ ]Denied [ 3 Continued to: Attachments: 0 Resolution 28,2005 0 Reduced Plans Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 28,2005 EXECUTIVE SUMMARY This petition is a site plan amendment request to the existing turf maintenance facility at the Frenchman’s Creek Planned Community Development (PCD). The proposed amendment consists of the replacement of the existing 12,000 square-foot maintenance building with a 15,000 square-foot maintenance building; the addition of a 7,470 square-foot storage and security building; 3,000 square feet of covered storage; a 1,200 square-foot covered vehicle wash pad; a 1,500 square-foot ChemicaVfertilizer storage building; a fuel island with a tank and pump; 88 parking spaces; material storage and waste receptacles; and landscape improvements. Staff recommends approval of Resolution 28,2005 with the two waivers and the two conditions provided therein. BACKGROUND The Frenchman’s Creek residential community was originally approved as a Planned Unit Development (PUD) and a Development of Regional Impact (DRI) in 1973 when it was located within unincorporated Palm Beach County. On December 15, 1988, the City Council adopted Ordinance 49,1988, which approved the annexation of the Frenchman’s Creek Planned Community Development (PCD) into the City of Palm Beach Gardens. This annexation consisted of the southern half of the Frenchman’s Creek PCD/DRI, located east of Alternate A1A and south of Donald Ross Road; whereas the northern portion of Frenchman’s Creek, located north of Donald Ross Road, was annexed into the Town of Jupiter. The Frenchman’s Creek PCD/DRI, located within the City, is comprised of approximately 299 acres that includes 644 dwelling units, two golf courses, a clubhouse facility, a turf maintenance facility, and a marina. LAND USE & ZONING The subject site has future land-use and Vision Map designations of Golf (G). The site is zoned Planned Community District (PCD) Overlay. CONCURRENCY The City Engineer has reviewed the subject petition and has determined that the proposed site plan amendment is consistent with the trips vested for the Frenchman’s Creek PCD. PROJECT DETAILS Site Location & Access The Frenchman’s Creek PCD is located at the southeast comer of Donald Ross Road and Alternate A1 A and is accessed via Tournament Drive. The turf maintenance facility is located in the western portion of the PCD, surrounded by a golf course on all four sides, and is accessed from a gated maintenance road off of Alternate A1 A. The applicant is proposing a golf cart path extension at the southeast corner of the site. This proposed golf cart path connects to the existing path, which will 2 provide golf cart access to the turf maintenance facility. Site Plan Amendment The applicant is proposing several improvements to the existing maintenance facility in order to properly maintain the community’s golf courses and open space. Existing on-site are a 4,000 square- foot Property Owners Association (POA) office building and a 12,000 square-foot storage building. The POA building will remain on-site and the storage building will be replaced with a one-story, 15,000 square-foot storage building (labeled as building A on the site plan). Building A will be utilized for the storage of mechanical equipment. A 7,470 square-foot storagehecurity building is proposed west of the POA building (labeled as building D on the site plan). Building D will be utilized as offices for the community’s existing security guards and storage for the clubhouse. This site plan amendment also includes the addition of 3,000 square feet of covered storage adjacent to building A, which will be utilized for vehicle storage. East of building A, a 1,500 square-foot ChemicaVfertilizer storage building is proposed (labeled as building B on the site plan). The applicant is also proposing organic waste receptacles and material storage bins north of the vehicular entrance to the facility. Immediately south of building B, an above ground fuel tank and a 1,200 square-foot covered vehicle wash pad are proposed. As per State and Palm Beach County regulations, fuel tanks are required to have secondary containment on both the tanks and pipes leading to the tanks (this means that there are two walls between the fuel and the environment). Florida Statutes require the owner to obtain an installation permit from the Palm Beach County Department of Environmental Resources Management (DERM), who is authorized to regulate the tanks for the Florida Department of Environmental Protection (FDEP). These tanks will be registered with the State and County and placed on a list for tracking purposes. The applicant is also required to provide status reports that aid the County and State in monitoring for leaks. Additionally, DEW inspects all he1 tanks at least once per calendar year. Furthermore, this fueling station is located approximately 388 feet from the closest residential structure. Architecture The existing POA building and the proposed storage buildings are manufactured steel structures that are light beige (marsh white) in color. All buildings consist of pre-finished steel walls with steel trim, gutters, and downspouts. All structures are required to meet the Florida Building Code in order to receive a building permit. These buildings can not be seen from any right-of-way because they are located behind dense landscaping (existing and proposed). Landscaping The existing perimeter of the site is heavily landscaped and therefore is buffered from Alternate A1A and the golf course. However, the applicant is proposing additional perimeter landscaping to Mer 3 I Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 28,2005 Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 28,2005 Code Section Section 78-344: Parking Space Width Section 78-414: Bicycle Parking screen the site. The landscape materials include cabbage palms, live oaks, laurel oaks, mahogany, and southern red cedar trees. Several hedges and shrubs are also proposed, which include coco plums, muhly grass, and spider lily. The total landscape points required for the turf maintenance facility is 5,732 and 6,096 points have been provided. Required Provided Waiver Recommendation 10’ wide spaces 9.5’ wide spaces .5’ Approve (1) 6 bicycle parking 2 bicycle parlung 4 spaces Approval (2) spaces spaces Parking The existing parking area south of the POA building is not striped. With this petition, the applicant will be designating and striping the parking allotment required by City Code. The total required parking for this site is 88 parking spaces, which have been reflected on the site plan. The applicant is also requesting a waiver for reduced parking space width; City Code Section 78-344 requires 10’ wide spaces, whereas the applicant is requesting 9.5’ wide spaces (please see waiver section). Site Lighting The applicant has provided a photometric plan as required by City Code Section 78-1 82, which has been reviewed and approved by the City Engineer. Signane There is no signage requested with this petition. Phasinx The development is proposed to be completed in one phase, according to the applicant. Drainage Outfall from this site is accomplished by a several catch basins that will connect to the existing storm water management system on-site. Waivers The applicant is requesting the following two waivers: 4 Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 28,2005 (1) The applicant is requesting a waiver from Section 78-344, which specifies minimum dimensions for parking spaces. According to Section 78-344, the minimum parking space dimension for a standard 90 degree angle is 10 feet by 18 feet, 6 inches. The applicant is requesting a 6-inch reduction in width for all parking spaces. Section 78-344 (1) (2) permits a reduction in parking space dimensions if: a.) additional open space is provided at a ratio of 1.5 square feet for each square foot of paved parking area that is reduced through the use of smaller parking spaces; and b) the additional open space and landscaping or related amenities is installed within paved portions of the parking area. The additional open space required to justify this waiver is 66 square feet (88 spaces x .5’ x 1.5), which the applicant has provided for in the parking area. Therefore, the applicant has justified this waiver request. Staffrecommends approval. The applicant is requesting a waiver from Section 78-414, which requires 5% ofthe total vehicular parking spaces (88 spaces) to consist of bicycle parking spaces (6 spaces). The applicant is requesting to allow for 2 bicycle parking spaces at the turf maintenance facility. The applicant states that the workers at the facility arrive in golf carts or vehicles and bicycle parking is underutilized. The applicant has already included 4 additional bicycle parking spaces at the clubhouse facility where they can be utilized by residents of the PCD as part of Petition SP-04-01. Therefore, the applicant has justified this waiver request. Staff recommends approval. PLANNING, ZONING, AND APPEALS BOARD (PZAB) The Planning, Zoning, and Appeals Board reviewed the subject petition on January 11,2005, and voted 7-0 to recommend its approval to the City Council. STAFF RECOMMENDATION Staff recommends Approval of Resolution 28, 2005 with the waivers and conditions provided therein. 5 Subiect Propertv Turf Maintenance Facilitv Frenchman’s Creek Golf Course south Frenchman’s Creek Golf Course East Frenchman’s Creek Golf Course Frenchman’s Creek Golf Course w Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 28,2005 Planned Community Development (PCD) Golf (G) Planned Community Development (PCD) Golf (G) Planned Community Development (PCD) Golf (G) Planned Community Development (PCD) Golf (G) Planned Community Development (PCD) Golf (G) I 6 Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 28,2005 -- Maximum Lot Coverage: 17.2% Yes Front Setback: Building A 75’ Yes 35% 40’ Building B 195’ Building D 8’ Building POA 87’ Rear Setback BuildingA 73’ Yes 20’ Building B 30’ Building D 169’ Building POA 102’ Building A 25’ Yes Building B 68’ Building D 306’ Building POA 287’ Building B 55 1 ’ Building D 60’ Building POA 287’ Side Setback North: 15’ Side Setback South: Building A 350’ Yes 15’ Minimum Parking Spaces: 88 parking spaces Yes Minimum Bicycle Spaces: 2 spaces No, Waiver requested 88 parking spaces 6 Minimum Landscape Points: 5,732 Minimum Required Open Space: 15% 6,096 Yes 25% Yes 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 28,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE SITE PLAN AMENDMENT PETITION OF LAND DESIGN SOUTH, AGENT FOR FRENCHMAN’S CREEK INC., FOR THE TURF MAINTENANCE FACILITY AT THE FRENCHMAN’S CREEK PLANNED COMMUNITY DEVELOPMENT (PCD), LOCATED EAST OF ALTERNATE AIA, SOUTH OF DONALD ROSS ROAD, AND NORTH OF HOOD ROAD, AS DESCRIBED MORE PARTICULARLY HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 15,1988, the City of Palm Beach Gardens annexed the Frenchman’s Creek Planned Community Development (PCD) through the adoption of Ordinance 49, 1988; and WHEREAS, the City received petition SP-04-02 from Land Design South, agent for Frenchman’s Creek Inc., for approval of a site plan amendment to the turf maintenance facility at the Frenchman’s Creek PCD, to allow for a 7,470-square-foot storage and security building; the replacement of the existing 12,000-square-foot maintenance building with a 15,000-square-foot maintenance building; 3,000 square feet of covered storage; a 1,200 square-foot covered vehicle wash pad; a 1,500-square-foot chemicaVfertilizer storage building; a fuel island; 88 parking spaces; material storage and waste receptacles; and landscape improvements on an approximately 3.74-acre site located east of Alternate AIA, south of Donald Ross Road, and north of Hood Road, as more particularlydescribed herein; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay and has a future land-use designation of Golf (G); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: January 28,2005 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 28,2005 Resolution 28,2005 SECTION 2. The site plan application from Land Design South, agent for Frenchman’s Creek Inc., is hereby APPROVED on the following described real property, to allow for a 7,470-square-foot storage and security building; the replacement of the existing 12,000-square-foot maintenance building with a 15,000-square-foot maintenance building; 3,000 square feet of covered storage; a 1,200-square-foot covered vehicle wash pad; a 1,500-square-foot chernicaVfertilizer storage building; a fuel island; 88 parking spaces; material storage and waste receptacles; and landscape improvements on an approximately 3.74-acre site, subject to the conditions of approval provided herein: LEGAL D ESC RI PTI 0 N BEING A PORTION OF SECTION 30, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND A REPLAT OF PORTIONS OF FRENCHMAN’S PARCEL G3 FRENCHMAN’S CREEK (A P.U.D.), AS RECORDED IN PLAT BOOK 55, CREEK (P.U.D.) PLAT NO. 6, AS RECORDED IN PLAT BOOK 44, PAGES 133-137, PAGES 126-129, FRENCHMAN’S CREEK PARCEL E3 (A P.U.D.), AS RECORDED IN PLAT BOOK 59, PAGES 103-106, PUBLIC RECORDS OF, AND LYING WITHIN, PALM BEACH COUNTY, FLORIDA, WITHIN THE CITY OF PALM BEACH GARDENS, FLORIDA. SECTION 3. Said approval is subject to the following condition, which shall be binding on the applicant, its successors, or assigns: 1. All parking lot lighting shall be metal halide. (Police Department) 2. Prior to issuance of the first Certificate of Occupancy, landscaping shall be field located to avoid conflicts between lighting and landscaping, including long-term tree growth. (City Forester, Police Department) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following two (2) waivers: 1. Section 78-344, Construction and maintenance, to allow for 9.5 feet wide parking spaces. 2. Section 78-414, Number of spaces required, to allow for 2 bicycle parking spaces. SECTION 4. This site plan amendment approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. Turf Maintenance Facility Site Plan, by Land Design South, sheet 1 of 1, dated January 13,2005. 2. Turf Maintenance Facility Landscape Plans, by Land Design South, sheets L-I to L- 2, dated January 13,2005. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 28,2005 Resolution 28, 2005 3. Turf Maintenance Facility Architectural Plans, by Stephen A. Brock, sheets A-I to A- 5, dated January 20,2004. 4. Turf Maintenance Facility Photometric Plan, by Kamm Consulting, sheet El .I, dated March 12,2004. SECTION 5. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: January 28,2005 Resolution 28,2005 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl EN CY BY: Christine P. Tatum, City Attorney -- AYE NAY ABSENT --- MAYOR JABLl N VICE MAYOR RUSSO --- COUNCILMEMBER DELGADO --- --- COUNCILMEMBER LEVY --- COUNCILMEMBER VALECHE G:\attorney-share\RESOLUTlONS\frenchrnans creek turf maint facility - reso 28 2005.doc 4 d 1 ! n n I/ I1 I1 II I1 U A, io1 d CNQINCCR c z rn (r, -I rn r rn < > -1 0 Z w I W c U Z 0 w r w - E - rn 9 (I, -1 rn r rn < > i 0 Z CI I W c r U Z 0 $- w H - sg P 2 z 0 io -1 I rn rn i 0 Z r 2 H I aJ c r U Z 0 W w - =r (r, 0 c -I I rn r rn < 9 -I 0 Z U I W c r U Z 0 I- U H - z > Z -I rn Z P Z 0 rn UJ c CJ Z 0 rn r rn < > -I 0 Z 0 W W r H U 1 I rn 0 C -I r rn r rn < 9 -I 0 Z w z rn cn -I rn r rn < b -1 0 Z W c r CY Z 0 4- H U U . F- :e II r 0 0 2 71 r b Z OJ c U r I rn: 9 m' -I rn rn < b -! 0 Z W C r U Z 0 r U n U z cn -I rn r rn < > -I 0 Z W U W r CY Z 0 a= 'W +- w -- z m -I rn r rn < b -I 0 Z CP c r W Z 0 w w w .. . '?- iQ b Y Z 0 a -I I rn r rn < b -I 0 H n r 0 0 a 73 r P Z L i " T z 0 zl -I I m r rn $ -I 0 Z Y a P n r 0 0 50 7) r b Z UJ c r U Z 0 $7 H W 2- m- 9= -% ?!A rn b (I, -I d m (I, -I m r rn < P -I 0 Z Ip c r U Z 0 H w U - . ?- e= ;fi rn r rn 2 i -0 '- z W c U Z 0 H _I -1 H r W - W C U Z W r =a 0 W - 4,- - F (I, i rn r m < b -I 0 Z H I v c U Z W r H / i 11 - z rn (I, -I rn r rn s -I 0 Z H I CP c r U Z 80 ob= H W 1 I /,' / / ,/ i d LE CNQINCCR Q 7 vz &rn wn ue wop rn = c TURF MAINTENANCE FACILITY I PREPARED FOR FRENCHMAN'S CREEK PALM BEACH GARDENS, FLORIDA 0 0 Z 0 m 4 m Z 0 Z m m Z 0 I- m 0 m Z 0 - z Landscape ArchitedureRand PhnnirglEnvironmentai Consulting v, ;;I O D -I D a m [! $21 I- TURF MAINTENANCE FACILITY 3 PREPARED FOR FRENCHMAN'S CREEK PALM BEACH GARDENS, FLORIDA & 99 s L B TURF MAINTENANCE FACILITY PREPARED FOR FRENCHMAN'S CREEK PALM BEACH GARDENS, FLORIDA a t b z -I 0, 0 1 m U r C m 4 ju b r r f 1 f i i 5 I TURF MAINTENANCE FACILITY PREPARED FOR FRENCHMAN'S CREEK PALM BEACH GARDENS, FLORIDA CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 29,2005 SubjecVAgenda Item: Resolution 29,2005: First National Center Sign Waiver Consideration of Approval: A request by Brian Cheguis of Cotleur & Hearing Inc., for approval of a waiver from City Code Section 78-285, to allow for the installation of a tenant sign above the second floor line on the west elevation of the First National Center at Parcel 27.03 within the Regional Center Development of Regional Impact (DIU) . Parcel 27.03 is located at the northwest corner of Kew Gardens Avenue and PGA Boulevard. [XI Recommendation to APPROVE with one waiver [ ] Recommendation to DENY Reviewed by: Tala1 Beno n, AICP 2 P&Z Division Director Chnstine T Administrator Originating Dept.: Growth Management: Brad Wiseman L Senior Planner Baharerlfs, AICP [ ] Public Hearing [ ] Legislative Advertised: [XI Not Required Date: NA Paper: NA Affected Parties: Approved by: Finance: Costs: $ NA (Total) $ NA Current FY Funding Source: [ ] Operating [X ] Other N/A Budget Acct.#: NIA City Council Action: [ ]Approved [ ] Approved wl conditions [ ]Denied [ 3 Continued to: Attachments: Resolution 29,2005 Signage graphics Resolution 181,2003 [XI Not Notified I EXECUTIVE SUMMARY This petition consists of a waiver request from City Code Section 78-285, which prohibits signs above the second floor line. This waiver request for the First National Center at Parcel 27.03 will permit the installation of a “Prudential Florida WCI Reality” tenant sign on the west elevation, above the second floor line. Staff recommends approval of Resolution 29,2005 with the one condition provided therein. BACKGROUND On November 6,2003, the City Council adopted Resolution 181 , 2003, which approved a 68,000 square-foot office building including a 4,000 square-foot bank with three drive-through lanes on Parcel 27.03 of the Regional Center Development of Regional Impact (DRI). Three waivers were approved by the City Council from City Code, Division 7 Signs, Section 78-285, to allow for a principal tenant sign on the south elevation above the second floor line; an additional principal tenant sign on the north elevation; and one tenant sign on the west and north elevations to be located above the second floor line. Signs that were approved by the City Council that did not require waivers consisted of a tenant sign on the north elevation above the tenant’s entrance; and one tenant sign above both entrances on the west elevation. Therefore, seven total signs were approved for the First National Center. LAND USE & ZONING The subject site has a future land-use designation of Professional Office (PO) and a zoning designation of Planned Community District (PCD) Overlay, as well as a Professional Office land-use designation on Map H of the Regional Center Development of Regional Impact (DRI). PROJECT DETAILS Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 29,2005 Applicant’s Request The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, which prohibits signs above the second floor line. The applicant is requesting a waiver to permit a “Prudential Florida WCI Realty” tenant sign above the second floor line on the west elevation adjacent to the building’s main entrance. Currently, three signs are permitted on the west elevation, which include a tenant sign above the third floor line. The applicant is proposing to eliminate two tenant signs below the second floor line for the right to install one tenant sign above the second floor line. Therefore, two signs will be placed on this elevation instead of three, as currently approved. 2 Waiver Code Section Required Provided The applicant is requesting the following waiver: Waiver Recommendation I Section 78-285: Tenant signs shall Permitted Signs not be located above the second floor line 1 Tenant Sign on the 1 Tenant Sign Approve (1) West Elevation above the second above the second floor line floor line Staff Analysis (1) Three waivers have been granted for this building to allow for signs to be installed above the second floor line. The applicant is proposing to eliminate two signs for the right to install one tenant sign above second floor line adjacent to the building’s main entrance. City Code Section 78-285 limits the height of tenant signs to a maximum of 2’. The letters of the “Prudential” sign (1 ’) are 1 ’ smaller and the letters for the “Florida WCI Realty” (8”) sign are 16 inches smaller. The sign is proposed to be located in center of the building, which will positively impact the aesthetics of the elevation. This waiver has also been approved for the UE3S and Bank One buildings, Marriot Hotel, Admiralty Bank, Double Tree Hotel, Embassy Suites, Catalhmo, Sun Trust, Grand Bank, Palm Beach Gardens Medical Pavilion, and Wackenhut. Staffrecommends approval. STAFF RECOMMENDATION Staff recommends Approval of Resolution 29,2005 with the waiver and condition provided therein. 3 Date Prepared: January 28,2005 Meeting Date: March 3,2005 Resolution 29,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 29,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A WAIVER FROM CITY INSTALLATION OF A TENANT SIGN ABOVE THE SECOND FLOOR LINE ON THE WEST ELEVATION OF THE FIRST NATIONAL CENTER AT PARCEL 27.03 WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. CODE SECTION 78-285, PERMITTED SIGNS, TO ALLOW FOR THE WHEREAS, on November 6,2003, the City Council approved Resolution 181,2003, approving a site plan for Parcel 27.03; and WHEREAS, the City has received a miscellaneous application (MISC-04-45) from Cotleur & Hearing, for approval of a waiver from City Code Section 78-285, Permitted Signs, to allow for the installation of a "Prudential Florida WCI Realty" tenant sign above the second floor line on the west elevation of the First National Center at Parcel 27.03, which is located at the northwest corner of Kew Gardens Avenue and PGA Boulevard, as more particularly described herein; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay and has a future land-use designation of Professional Office (PO), as well as a Professional Office designation on Map H of the DRVPCD; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 28,2005 Resolution 29, 2005 SECTION 2. The miscellaneous application (MISC-04-45) from Cotleur & Hearing is hereby APPROVED on the following described real property by granting a waiver to allow for the installation of a “Prudential Florida WCI Realty” tenant sign above the second floor line on the west elevation of the First National Center at Parcel 27.03, which is located at the northwest corner of Kew Gardens Avenue and PGA Boulevard, subject to the one condition of approval provided herein: LEGAL DESCRIPTION: REGIONAL CENTER PARCEL 27.03, AS RECORDED IN PLAT BOOK 88, PAGES 116 THROUGH 117, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. Said approval is subject to the following condition, which shall be binding on the applicant, its successors, or assigns: 1. The “Prudential Florida WCI Realty” tenant sign shall be consistent in color with all other approved building signage at Parcel 27.03. The first building permit issued for signage shall provide for the color allowed for all building signage. (Planning & Zoning) SECTION 4. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waiver: I. Section 78-285, Permitted Signs, to allow for one “Prudential Florida WCI Realty” tenant sign to be installed above the second floor line on the west elevation . SECTION 5. Said approval and construction shall be consistent with plans filed with the City’s Growth Management Department as follows: 1. First National Center West Elevation, Alan Sfrassler Architects, 1 sheet total, date stamped December 7,2004. SECTION 6. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant‘s agents at any workshop or public hearing . SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 CITY OF PALM BEACH GARDENS, FLORIDA OV. UI. Eric Jablin, Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER LEVY COUNCILMEMBER VALECHE AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\first national center sign waiver - reso 29 2005.doc Date Prepared: January 28,2005 Resolution 29, 2005 PASSED AND ADOPTED this day of ,2005. 3 h ll i- I I I. ---- I I I II I I' I II I nr I. II .. "-- - 1 I Y P f > w 1E 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 181,2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN FOR A 68,000 SQUARE-FOOT OFFICE BUILDING, INCLUDING A 4,000 SQUARE- FOOT BANK WITH THREE DRIVE-THROUGH LANES ON A 5.59-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF KEW GARDENS AVENUE AND PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition SP-03-07 from Cotleur & Hearing, agent for Mall Properties Ltd., for site plan approval for a 68,000 square-foot office building, including a 4,000 square-foot bank with three drive-through lanes, on an approximately 5.59-acre site located at the northwest corner of Kew Gardens Avenue and PGA Boulevard, as more particularly described herein; and WHEREAS, on September 9,2003, the Planning and Zoning Commission reviewed the subject petition and recommended approval by a vote of 7-0; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The site plan for Cotleur and Hearing, agent for Mall Properties Ltd., is hereby APPROVED on the following described real property, to permit a 68,000 square-foot office building, including a 4,000 square-foot bank with three drive-through lanes on an approximately 5.59-acre site located at the northwest corner of Kew Gardens Avenue and PGA Boulevard, subject to the conditions of approval contained herein, which are in addition to the aeneral reauirements otherwise Provided bv ordinance: I . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: October 8,2003 Resolution 181,2003 LEGAL DESCRIPTION: REGIONAL CENTER PARCEL 27.03, AS RECORDED IN PLAT BOOK 88, PAGES 116 THROUGH 117, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 1. 2. 3. 4. 5. 6. 7. No medical or dental office use shall be allowed on the site unless the applicant can demonstrate compliance with traffic and parking requirements of the City Code and Regional Center DRI Development Order. (Planning and Zoning) Prior to issuance of the first building permit, the applicant shall comply with the Art-in-Public-Places requirement by providing art on site or make a payment in lieu of art, in accordance with Section 78-262 of the LDRs. If the applicant is providing art on site, the art shall be installed prior to the issuance of the first Certificate of Occupancy. (Planning and Zoning) Required digital files of the approved plat shall be submitted to the Planning and Zoning Division prior to issuance of the first Certificate of Occupancy, and approved civil design and architect drawings shall be submitted prior to the issuance of the first Certificate of Occupancy. (GIs Manager and Development Compliance Officer) Prior to the issuance of the first building permit, the applicant shall provide to the City letters of authorization from the applicable utility companies allowing landscaping to be placed within the utility easements. (City Engineer) For potential criminal activity detection, a high-resolution, color-digital video camera system with monitoring and photo processing printout capabilities shall be installed above exit doors and teller counters and drive-through lanes. (Police Department) A money lever switch within teller cash drawers shall be installed which activates an alarm system in emergency situations. (Police Department) The ATM shall comply with Sections 655.960-965, Florida Statutes, related to the ATM: a. Must be visible from roadway@). b. Shall not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install slow speed video camera that records 24 hours a day. d. High illumination of ATM and walkways to and from. Lighting should be positioned also as not to cause glare of video recording. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Date Prepared: October 8,2003 Resolution 181,2003 e. Install and strategically place a convex mirror to allow the operator of the ATM to identify any approaching person@) and/or potential suspect(s). (Police Department) 8. Lighting locations shall not conflict with landscaping and the long-term tree canopy growth. (City Forester and Police Department) 9. Pedestrian scale lighting, no higher than 12 feet, shall be provided for all street and pedestrian walkways within the parcel. (Police Department, Planning and Zoning) 10. No assigned parking shall be allowed on site. (Code Enforcement) 1 1. The maximum letter size for ground floor tenant identification signs shall be 8 inches, and the maximum letter size for building and tenant identification signs above the second floor line shall be 18 inches. (Planning and Zoning) SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following six (6) waivers: 20 21 1. 22 23 24 2. 25 26 27 3. 28 29 30 31 32 4. 33 34 35 36 37 38 39 5. 40 41 42 43 44 45 46 Section 78-184, Height of Buildings, to allow for a 56.5-foot tall building; the Code limits the height of buildings to 36 feet. Section 78-344(1) (b), Parking stall width, to allow for a 9.5-foot wide parking stall width; the Code requires a minimum of IO-foot wide spaces. Section 78-344 (e), Parking stall depth, to allow for parking spaces with a length of 16.5 feet with a 2 foot curb overhang for 58 parking spaces located immediately around the building and around the head-to-head parking spaces on the north side of the building; the Code requires 18.5 feet long spaces. Section 78-285, Table 24, Height of signs, to allow for the building identification sign on the south elevation facing PGA Boulevard and for the tenant identification sign on the west and north elevations to be located higher than the second floor line. The proposed signs are proposed above the third floor line; the Code limits the height of principal tenant signs and tenant signs to be no higher than the second floor line. Section 78-182(g), Illumination of uses and buildings, to allow for the light intensity under the front entrance and drive-through areas to have footcandles higher than 10.0. 3 Date Prepared: October 8,2003 Resolution 181,2003 1 2 SECTION 4. This site plan approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 3 4 1. 5 6 2. 7 8 9 3. 10 11 12 4. 13 14 15 5. 16 17 18 6. 19 20 21 7. 22 23 25 26 27 9. 28 29 24 a. 30 31 32 33 34 35 Site Plan, Sheets 1 & 2, Cotleur and Hearing, October 15,2003, received by the City of Palm Beach Gardens October 15,2003. Landscape Plan, Sheets 3 & 4, Cotleur and Hearing, October 15, 2003, received by the City of Palm Beach Gardens October 15,2003. Parking Stall Plan Site Plan, Sheet 1 of 1, Cotleur and Hearing, June 13,2003, received by the City of Palm Beach Gardens October 15,2003, Master Civil Plan, Sheet C-I, SWS Engineers Inc., October 14,2003, received by the City of Palm Beach Gardens October 15,2003. Floor Plans, Sheets 3.1 through 3.3, Alan Strassler Architects Inc., April 29, 2003, received by the City of Palm Beach Gardens October 15,2003. Elevations, Sheet 4.1 & 4.2, Alan Strassler Architects Inc., October 14,2003, received by the City of Palm Beach Gardens October 15,2003. Roof Plans and Site Details, Sheets 7.1 & 8.1, Alan Strassler Architects Inc., April 29,2003, received by the City of Palm Beach Gardens October 15,2003. Photometric Plans, Sheets 2.0 & 2.1, Alan Strassler Architects Inc., October 15,2003, received by the City of Palm Beach Gardens October 17,2003. Photometric Pian, Sheet 8.3, Alan Strassler Architects Inc., April 29, 2003, received by the City of Palm Beach Gardens September 18,2003. SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 36 37 38 39 40 41 42 43 44 45 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 . - - . . . . - .. ... ... . -- __ Date Prepared: October 8,2003 Resolution 181,2003 PASSED AND ADOPTED this hm day of NoJCrrbrK , 2003. ATTEST: I- CH GARDENS, FLORIDA c'TY OF- ARDENS, FLORIDA BY: BY: APPROVED AS-TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE r.-w ABSENT J / --- MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK --- fl --- / COUNCILMEMBER RUSSO --- COUNCILMEMBER DELGADO --- / d \\pbgsfile\Attomeybtmey-share\RESOLUTlONS~eso 181 2003 - First National Center.doc 5 __ I I I I i i I I i ! i I ! I I I i .. . City of Palm Beach Gardens Council Agenda March 3,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 / Mayor Jablin Vice Mayor Russo Council Member Delgado Council Member Levy Council Member Valeche c/ I. 11. 111. Iv. V. VI. VII. IX. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 3,2005 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, dease submit reauest form to the City Clerk mior to this Item) CONSENT AGENDA: a. /Pape 4) Approve Minutes fiom the February 3,2005 regular City Council meeting. PUBLIC HEARINGS: Part I - Ouasi-iudicial a. (Staff Report on Page 8, Resolution on Page 15) Resolution 28, 2005 - Frenchman’s Creek Turf Maintenance Facility. A Resowion of the City Council €ity of Palm Beach Gardens, Florida approving the site plan amendment petition of Land Design South, agent for Frenchman’s Creek Inc., for the Turf Maintenance Facility at the Frenchman’s Creek Planned Community Development (PCD), located East of Alternate A1 A, South of Donald Ross Road, Md North of Hood Road, as described more particularly herein; providing for waivers; providing for conditions of approval; and providing an effective date. *’ +d we E L b. (Staff Report on Page 30, Resolution on Page 33) Resolution 29, 2005 - First National Center Sign Waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver from City Code Section 78-285, Permitted Signs, to allow for the installation of a tenant sign above the second . floor line on the West elevation, of the First National Center at Parcel 27.03, within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for a condition of approval; and providing an effective date. c-0 Part I1 - Non-Ouasi-iudicial X. RESOLUTIONS: XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the proviswn of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Agenda March 3,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Russo Council Member Delgado Council Member Levy Council Member Valeche I. 11. 111. IV. V. 7:39 VI. 7 ; yb VII. VIII. 5- 0 IX. g.: 23 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 3,2005 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit request form to the City Clerk prior to this Item) 3:aj GO BWK wtm CONSENT AGENDA: a. wkfw KWOlllC DW PLq+ UM DW(hSrprn. -7.w m5(JIn/c OrJ WCWP :) I meeting. (1 Approve Minutes from the February 3,2005 regular City Council Ir,~/gw~~ fm mj Mrn/ce PUBLIC HEARINGS: a. Resolution 28, 2005 - tion of the City Council of the City of Palm Beach Gardens, Florida approving the site plan amendment petition of Land Design South, agent for Frenchman's Creek Inc., for the Turf Maintenance Facility at the Frenchman's Creek Planned Community Development (PCD), located East of Alternate A1 A, South of Donald Ross Road, and North of Hood Road, as described more particularly herein; providing for waivers; providing for conditions of approval; and providing an effective date. c X. XI. XII. XIII. XIV. b. Resolution 29, 2005 - First National Center Sign Waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver from City Code Section 78-285, Permitted Signs, to allow for the installation of a tenant sign above the second floor line on the West elevation, of the First National Center at Parcel 27.03, within the Regional Center Development of Regional Impact (DRI), as more particularly described herein; providing for a condition of approval; and providing an effective date. Part I1 - Non-Quasi-judicial RESOLUTIONS: ORDINANCES: (For Consideration on First Reading) ITEMS FOR COUNCIL ACTION/DISCUSSION: CITY ATTORNEY REPORT: ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVZSED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interestedpersons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8 771 (TDD) or 800-955-8 770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. ’i, .-- . Cotleur& Hearm Landscape Architects Land Planners Environmental Consultonts July 18, 2003 Mark Hend rickson C/O Tala1 Benothman City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 3341 0-4698 Re: Borland Center for Community Enrichment Offsite Upland Habitat Mitigation CH Project # 98-1205.01 Dear Gentlemen: On behalf of Ram Development Company and the Borland Center for Community Enrichment please accept this correspondence as the applicant’s official submittal to the City to provide 4.33 acres of pine flatwood upland “set aside” to mitigate for impacts to similar habitat on the Borland Center site. The applicant’s Environmental Assessment for the Borland Center, submitted and accepted by the City; identified 17.29 acres of pine flatwood habitat (FLUCCS code 411) on site thus requiring 4.32 acres of preservation. While the applicant will make every effort to preserve individual trees, particularly those adjacent to the PGA corridor, the development of the site, does not facilitate preservation. As documented in our June 12, 2002 submittal to the City and our Engineering Reports, the Unit 2 drainage requirements and the existing grades of the site, require an average of 2 to 2-1/2 feet of fill. This creates a condition far less than optimal for the preservation of slash pine (flatwood) habitat. Recognizing that the required upland “set aside” [LDR 78-250 (3)(b&c)] represents only 43% of the 10 acre size threshold recognized by the comprehensive plan to be a sustainable / viable “set aside” area, the applicant has requested City Council’s approval to provide offsite mitigation in accordance with the Land Development Regulations [LDR 78-249 (b)(2)]. The applicant‘s proposal includes 4.34 acres of pine flatwood habitat, together with approximately 7.77 acres of high quality wetlands. In total, the applicant proposes to place approximately 12.1 1 acres of native habitat into a Perpetual Conservation Easement in favor of the City of Palm Beach Gardens. _a . I. 7 Maplewood Professional Center 1934 Commerce Lane - Suite 1 Jupiter, Florida 33458 9 *,s Lic.# LC-coo0239 .I 3 . .s, 561-747-6336 FAX 561-747-1377 :-,& i http:/www.cotleur-hearing corn /( ./‘ L & Mark Henderson C/O Talal Benothman Ci of Palm Beach Gardens Re: Borland Center for Community Enrichment Offsite Upland Habitat Mitigation CH Project # 98-1205.01 July IS, 2003 Page 2 of2 The applicant proposes an eco-system management approach and offers a site integral to a regional ecological system. The subject property is located on the north side of the Beeline Highway, opposite the North County Regional Airport. The subject property is adjacent and contiguous to public lands that have been acquired by the South Florida Water Management District and Palm Beach County to implement the goals and objectives of the Comprehensive Everglades Restoration Plan (CERP). Additionally, the site and surrounding area is integral to the restoration of the Loxahatchee River Watershed. The applicant's approach to conserve wetlands in conjunction with the required upland set aside is consistent with the intent of the City's Comprehensive Plan. This approach provides for increased functionality and habitat for wildlife, including numerous threatened, endangered and species of special concern. The applicant further proposes to enhance and manage both the uplands and the wetlands on the site, which will remain in conservation use for the benefit of all the citizens of Palm Beach Gardens. Please find enclosed with this correspondence, a copy of our environmental assessment together with vegetation FLUCCS map and location map identifying the site. Should you have any questions or need any additional information, please do not hesitate to contact me. Sincerely yours , DEH/mlb Enclosures CC: Casey Cummings Hank Gonzalez Ray Royce Talal Benothman F \Project Dowments\PALM BEACH COMMUNITY CHURCHILlr lo Mark Hendrickson.doc MEMORANDUM / TO: Len Rubin, Esq. Watterson, Hyland &; Kl>W' May 14,2002 I FROM. Steven Cohe v RE: The Borland Center/ Shady Lakes Drive A4 a fdow up to our telephone conversation, this memorandum d ddy some of the confusion surrounding title to the %orland Center" property, including the 50 ft. strip located easterly and adjacent to Shady Lakes Drive C'ParcelO6.A2"). Parcel 06.M (consisting of approximately 2.97 acres) can be desclibed generally as the westerly 50 ft. of the SW W of Section 1, Township 42 South, Range 42 East, Palm Beach County, Flodda. Xn connection With tm memorandum, I have reviewed the followhg documents (copies of which Eve attached): Minutes of the County Commissioners of Palm Beach County, dated October 7, 1925, as recorded in Book 9, Page 434, purporting to create a 'hosting and viewing'' right-of-way easement (the "Pasting and Viewing Resolution"). 1. 2. Plat of Cinnamon Plat 2, as recorded August 7, 1980, in Plat Book 40, Page 66 through 70 (the "Plat of Cinnamon Plat No. 2"). 5. Plat of Shady Lakes, as recorded August 12, 1981, in Plat Book 43, Pages 6,7 and 8 (the "Plat of Shady Lakes"). 4. County Deed dated November 7, 1995, by Palm Beach County to the City of Palm Beach Gardens, as recorded in Official Records Book 9013, Page 1150, of the Public Records of Palm Beach County, Florida (&e "County Deed"), togethex 561 630 6717 P.84/05 .. c MEMORANDUM To Len Rubin From Steven Cohen May 14,2002 Page 2 with Resolution No. ]R-95-1540 of Palm Beach County Board of County Commissioners (the "County Resolution"). 5. Easement Agreement dated September 8, 1998, between John D. and Catherine T. MacArthut Foundation to the City of PaIm Beach Gardens, as recorded in OfEaal Records Book 10628, Page 1863, of the Public Records of Palm Beach County, Zlorida (the "Easement Agreement"'). 6. Special Warranty Deed dated October 15, 1999, by Communities Finance Company to Palm Beach Community Church, as recorded in Official Records Book 11417, Page 293, of the Public Records of Palm Beach County, Florida (the "Borland Center Deed"). As you know, the enforceability of posting and viewing rights-of-way has been a continuing legal issue. Posting and viewing rights-of-way such as the one created by the Posting and Viewing Resolution in 1925, at best. creates an easement interest in the subject property. This view is shared by local title underwritars, as well as Palm Beach County staff. The subject Posting and Viewing Resohdon, therefore, created an easement along the easterly 50 ft. of Section 2, Township 42 South, Range 42 East. I understand that Shady Lakes Drive is located completely within this 50 ft. strip. The subject Posting and Viewing Resolution also created an easement dong the westerly 50 ft. of adjoining Section 1, Township 42 South, Range 42 East, including the strip known as Parcel 06.A2. Cinnamon Plat No. 2 shows the 50 ft. road right-of-way located in Section 2, although this "right-of-way" is outside of the boundary of the plat and not dedicated #pursuant to the plat. The Plat of Shady Lakes shows a 100 ft. "existing Palm Beach County right-of-way" and purports to dedicate "all streets shown to the City of Palm Beach Gardens". Obviously, the developer could only dedicate that property which it owned. In 1995, the County by County Deed quit-claimed to the City, whatever interest it had in the easterly 50 ft. of Section 2, as well as the westerly 50 ft. of Section 1 ("Parcel 06.AZ"). This County Deed, at best, conveyed the County's casement interest to the City. As of that date, John D. and Catherine T. MacArthur Foundation, (as a predecessor in title to Communities Finance RECtlVhU: o/ O/UL # .YY-.rl* . e.. -..--..-_ ', m-06-2002 08: 19 Ram Realty Services 561 630 6717 P.05/85 - t - MEMORANDUM To Len Rubin From Steven Cohen May 14,2002 Page 8 Company and Palm Beach Community Church) was, in fact, the owner of the fee interest in the westerly 50 A. of Sedion 1 (Parcel 06.A2). It is also interesting to note that although the County Deed quit-daimed the County's interest in the 100 ft. strip, the accompanying Agenda Item Summary and County Resolution refer to Shady Lakes Drive as a 50 ft. road right-of-way. In 1998, the MatArthur Foundation and the City entered iuto the Easement Agreement, providing, in pat, for the installation and maintenance of landscape improvements within the westerly 50 h. of Section 1 (Parcel 06.M). This is consistent with the conclusion that MacArthur Foundation continued to own the fee interest in Parcel 06.M after the County Deed to the City. Palm Beach Community Church took fee title to Parcel 06s per the Borland Center Deed, as described above. Of course, this ownership was subject to numerous easements and other encumbrances, including the Posting and Viewing Resolution, as conveyed to the City, as well as the Easement Agreement. Finally, I reviewed the official Tax Map for Section 1, Township 42 South, Range 42 East. The Property Appraiser's Office clearly shows the entire Borland Center property (mcluding Parcel 06.M) as a single property control no. 52-42-01- 00-000-7020, subject to a dotted line for the encumbrance created by Offjaal Records Book 9013, Page 1150. Sumtna rv In summary, Shady Lakes Drive, as now laid out and in use, is located within the easterly 50 h. of Section 2, Township 42 South, Range 42 East. The westerly 50 ft. located within adjoining Section 1, Township 42 South, Range 42 East, is currently owned in fee by Palm Beach Community Church subject to easement interests created by virtue of the Posmg and Viewing Resolution, as quit-claimed to the City, as well as the Easement keement between Madrthur Foundation and the City. cc: Raymond W. Royce, Esq. rnrm D nc .. m Q) m a u W E .d B 0 0 ccr m m E 0 .e( .rl u a 1 a 1 *m I .rl m W E a 0 a *4 m aJ Lc ccl a2 B s W E .rl G E E 0 0 1 1 0 0 .rl .rl c, c, m m Fn m 22 0 0 COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: GUY 3 L1W Address: 3980 %c~jorJ,~, Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print ~~ ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council - /’* Members of the public may address the City Council during th portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: City: PB6 Subject: &R m- Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: . I City: ~~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: tOHU C!-\A Per!< Address: 715 I-t VOSdA!I bfl (f’ LM City: -f AG Subject : 3--tms -‘;Ubm (IQ bq - /I 7 I /7fi;L v / Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. ~~ - COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: iJJ&& - I- n Y Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print ~~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: 2 Address: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.