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
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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
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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
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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
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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.
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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)
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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
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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
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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.
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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)
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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.
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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 .
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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.
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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.
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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:
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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.
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Date Prepared: October 8,2003
Resolution 181,2003
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SECTION 4. This site plan approval shall be in compliance with the following plans
on file with the City’s Growth Management Department:
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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)
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. - - . . . . - .. ... ... . -- __
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
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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 /( ./‘
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&
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.
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COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: GUY 3 L1W
Address: 3980 %c~jorJ,~,
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Please Print
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COMMENTS FROM THE PUBLIC
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- /’*
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The time limit for each speaker is limited to three (3) minutes.
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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
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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
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The time limit for each speaker is limited to three (3) minutes.
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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
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Subject: &R m-
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The time limit for each speaker is limited to three (3) minutes.
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Request to Address City Council
Please Print
Name:
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City:
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Members of the public may address the City Council during the “Comments by the Public”
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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
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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
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The time limit for each speaker is limited to three (3) minutes.
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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
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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.
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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.