HomeMy WebLinkAboutAgenda Council Agenda 0615009 City of Palm Beach Gardens
Council Agenda
June 15,2000
.--
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Russo /
Vice Mayor Jablin $
Council Member Clark 1
Council Member Furtado /
Council Member Sabatello J
All those wishing to address the City Council need to complete the necessary form
(supply located in back of Council Chambers) and submit same to the City Clerk prior
to the meeting being called to order.
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11.
111.
IV.
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VI.
VII.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
JUNE 15,2000
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS:
PRESENTATIONS:
CITY MANAGER REPORT:
a. Construction Update
b. Growth Management Report
C. Canal Maintenance
d. Holly Drive Drainage Project
e. PGA Flyover
f. PGA National Golf Club North Drainage
COMMENTS FROM THE PUBLIC: (For Items Not on the APenda) (Please
submit reauest card to Clerk Drior to this Item)
CONSENT AGENDA:
a. Consideration of approving Minutes from the May 18, 2000 Regular City
Council Meeting.
b. Consideration of approving The Oaks Center Plat - Re e,(- : '1 I 4-6
c. Consideration of awarding the bid for Economic Development
Administration Grant Projects
1. Alamanda Drive Canal Erosion Control
2. Sandalwood Estates Canal Erosion Control
VIII. PUBLIC HEARINGS:
a. Ordinance 14, 2000 - Admiralty I1 PUD. Consideration of approving the
application of Palm Beach Hotel and Office Building Limited Partnership
IX.
X.
XI.
for an amendment of a previously approved Planned Unit Development
located at the southwest corner of PGA Boulevard and Interstate Highway
95 by approving an increase in square footage in the Phase 2 Office
Building from 82,265 to 82,389 and a reduction in height from ten stories
to five stories, and allowing the permitted Phase 2 Parking Structure to
have an optional third floor; providing for conditions of approval;
providing for waivers. (Continued from 5/18/00. Consideration on
Second reading and adoption.)
b. Ordinance 11, 1999 - Consideration of an Ordinance of the City Council
of the City of Palm Beach Gardens, Florida, providing for an amendment
to the existing Planned Unit Development known as “City Centre,”
located at the intersection of PGA Boulevard and U.S. Highway One on
the south side of PGA Boulevard; to amend Ordinance 15, 1997 to revise
the approved Master Plan for Parcel F; to reduce the building height from
11 stories to 6; to slightly change the design of the building; to revise the
parking area around the building; to eliminate the right turn only exit onto
Ellison Wilson Road; to add 2 drive-through lanes; to reduce the size of
the parking garage; to revise the approved landscape plan; to revise the
approved Master Phasing Plan; to revise the approved elevations; to revise
the approved floor plans; and to revise the approved parking garage plans;
providing for conditions of approval; providing for conflicts; and
providing for an effective date. (Continued from 5/4/00. Consideration on
Second Reading and Adoption.)
c. Resolution 47, 2000 - 2700 PGA Boulevard Sign Variance.
Consideration of a request for a variance from ground sign setback and
frontage requirements
RESOLUTIONS:
a. Resolution 49, 2000 - Consideration of authorizing the acquisition of
right-of-way along Bums Road and filing of Eminent Domain
proceedings.
ORDINANCES: (For Consideration of First Reading)
a. Ordinance 17,2000 - Land Development Regulations
ITEMS FOR COUNCIL ACTION:
a.
b.
c.
Consideration of extending Health Insurance Contract with Blue Cross
Consideration of amending the Contract with Duncan & Associates - Add
Road Impact Fee Study.
Consideration of approving the replacement of existing transfer switch
without bypass to an Automatic Transfer Switch with Manual Bypass by
Fisk Electric.
MI. ITEMS FOR DISCUSSION:
XIV. CITY ATTORNEY RETORT I. .
XV. ADJOURNMENT.
XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL:
if
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In accordance with the Americans with Disabilitie Act and Florida Statute 86.26,
persons with disabilities needing special accommodations to participate in this
proceeding should contact the Human Resources Department, no later than 5 days prior
to the proceeding at telephone number (561) 799-4200 for assistance; if hearing impaired,
telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700
(VOICE), for assistance. If a person decides to appeal any decision made by the Council,
with respect to any matter considered at such meeting or hearing, they will need a record
of the proceedings, and for such purpose, they may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
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V. CITY MANAGER REPORT
a. Construction Update
Verbal Report
I
TO: Mayor and City Council June 8,2000
FROM: Nabar Enrique Martinez, City Manager
I SUBJECT: Information Items for Regular City Council Meeting of June 15,2000 I
City Council Agenda:
VII. CONSENT AGENDA:
b. The Oaks Center Plat
This is a request for approval of the Oaks Center Plat that is in compliance with
legal requirements.
Staff recommends approval.
c.
The City has obtained matching grant funds from the EDA to construct drainage
improvement projects. The Alamanda Drive Canal Erosion Control project will
reduce runoff into adjacent properties, minimize erosion and maintenance, and
improve aesthetics.
Award of Bid for EDA Grant Projects
1. Alamanda Drive Canal Erosion Control
Staff recommends awarding the contract via piggyback bid from D.S. Eakins
Construction Corporation’s Palm Beach County contract in the amount of
$99,489.00, which is 50:50 funded by the EDA Grant.
2. Sandalwood Estates Canal Erosion Control
The City has obtained matching grant funds from the EDA to construct drainage
improvement projects. The Sandlewood Estates Canal Erosion Control project
will minimize erosion and maintenance, and improve aesthetics.
Staff recommends awarding the contract via piggyback bid from D.S. Eakins
Construction Corporation’s Palm Beach County contract in the amount of
$12,873.00, which is 50:50 funded by the EDA Grant.
VIII. PUBLIC HEARINGS:
a. Ordinance 14, 2000 - Admiralty II PUD
This is a request to amend the Master Plan for the Admiralty I1 PUD to increase
the square footage of the approved second phase office building from 82,265 to
82,389, reduce its height from 10 stories to 5 stories, and add an optional third
floor to the approved parking structure.
Staff recommends approval of the request from Palm Beach Hotel and Office
Building Limited Partnership to amend the master plan for the Admiralty
PUD with conditions.
b.
This is a request by P.G. Partners for an amendment to the existing Planned Unit
Development known as “City Centre,” to revise the Master Plan for Parcel F; to
reduce the building height from 11 stories to 6; to slightly change the design of
the building; to revise the parking area around the building; to eliminate the right
turn only exit onto Ellison Wilson Road; to add 2 drive-through lanes; to reduce
the size of the parking garage; to revise the approved landscape plan; to revise the
approved Master Phasing Plan; to revise the approved elevations; to revise the
approved floor plans; and to revise the approved parking garage plans. (Continued
from 5/4/00. Consideration on Second Reading and Adoption.)
Ordinance 11, 1999 - City Centre Parcel F
Staff recommends approval of the request with 5 conditions.
c.
This is a request by Quentin Partners Co. to allow an existing ground sign to
remain on site and at its current location. Advertising for a public hearing
appeared May 30,2000.
Resolution 47, 2000 - 2700 PGA Boulevard Sign Variance.
Staff recommends continuing the public hearing until June 29,2000 since the
petitioner will be out of town and will not be able to attend the public
hearing.
IX. RESOLUTIONS:
a. Resolution 49, 2000
Consideration of authorizing the acquisition of right-of-way along Bums Road
and filing of Eminent Domain proceedings.
Staff recommends approval of acquiring the right-of-way necessary for the
widening of Burns Road before the traffic problems begin on PGA
Boulevard.
X. ORDINANCES: (For Consideration of First Reading)
a. Ordinance 17, 2000 -Land Development Regulations
This ordinance repeals existing land development regulations and adopts new land
development regulations.
Staff recommends motion to pass Ordinance 17,2000 on first reading.
- XI. ITEMS FOR COUNCIL ACTION:
a.
This is a request extending our health insurance contract with Blue Cross through
September 30, 2001. Last year the City planned to move toward self-insurance,
but uncertainty posed with an ongoing catastrophic claim makes it difficult at this
time.
Health Insurance Contract with Blue Cross
Staff recommends extending the health and dental insurance contracts with
Blue Cross/Blue Shield to September 30,2001.
b.
This is to amend the City’s Contract with Duncan and Associates to update City
impact fees and to prepare a road impact fee to improve City streets affected by
new development.
Road Impact Fee Study - Contract with Duncan & Associates
Staff recommends authorizing the City Manager to execute an amended
agreement with Duncan Associates.
c. Replacement of existing transfer switch without bypass to an Automatic
Transfer Switch with Manual Bypass by Fisk Electric.
This is a request to replace the existing transfer switch with a transfer switch with
a manual bypass. The replacement of this transfer switch will safeguard the
integrity of the City’s emergency communications. The generator monitoring
panel status will be extended to Dispatch enabling monitoring of critical systems
on a 24-hour basis.
Staff recommends approving the replacement of existing transfer switch
without bypass to an Automatic Transfer Switch with Manual Bypass by
Fisk Electric in the amount of $32,081.00
V. CITY MANAGER REPORT
b. Growth Management Report
Verbal Report
2
TO: Mayor and Council DATE: 6/13/00
APPROVED: Nabar Enrique Martinez, City Manager
SUBJECT: Drainage Review; Proposed review process and Consulting Engineer
recommendation.
At the June 1, 2000 Council meeting, City Council directed staff to hire a qualified
Engineer to review the drainage plans for the City of Palm Beach Gardens. This evening,
staff is seeking the City Council’s confirmation of both the proposed selection process
and also the hiring of the consulting engineer
In order to complete this process in a timely manner staff has initiated a process which
begins with the identification of a Consulting Engineer. This engineer will oversee the
selection of the engineering firm which will do the actual drainage analysis and will be
responsible for the following items:
1) Creation of a scope of work for the drainage analysis.
2) Develop solicitation materials for letters of interest.
3) Review of the submittals from engineering firms.
4) Develop a recommendation for the final selection of an engineering firm.
5) Assist with the oversight of the project and the review of the final report.
If the estimated cost of the drainage analysis exceeds $10,000, then staff will return to
Council on, or prior to, the July 20, 2000 Council meeting to present a recommendation
regarding the selection of the engineering firm. If the cost is below $10,000, staff will
proceed with implementation of the analysis. City staff and the consulting engineer will
complete negotiations for this project utilizing the process defined in the Consultant’s
Competitive Negotiations Act (CCNA) adopted by the State of Florida.
Staffs recommendation for the Consulting Engineer is:
Mr. Glenn Miller, P.E. ,/
Miller Engineering
12773 W. Forest Hill Blvd.
Wellington, FL 33414
Drainage Review
June 13,2000
Page two
This recommendation is based on the engineer’s experience, qualifications and his firm’s
ability to complete the aforementioned tasks within the allotted time and within the
proposed budget. His contract will be based on an hourly rate with a cap of $5000. We
have used the hourly rate because the exact scope of the project will vary depending upon
the findings of the analysis.
If you have any questions regarding this issue please contact Roxanne Manning, Growth
Management Director, or me.
NEM/rmm
V. CITY MANAGER REPORT
C. Canal Maintenance
3
V. CITY MANAGER RlEPORT
d. Holly Drive Drainage Project
Verbal Report
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V. CITY MANAGER REPORT
e. PGA Flyover
Verbal Report
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Transmittal Letter Reynolds, Smith and Hills, Inc
Architedurel. Engineering, planning and Envimmental Senhxs
To: Ian Biavia Date: June 8,2000
RS&H
300 S. Pine Island Road, Suite 300
Plantation, Florida 33324-261 9
Project: P.G.A. Blvd. & Alt. AIA Project Number: 1069348001 0888 1061
We Transmit: For Your:
Herewith 0 Via Fax 0 Under Separate Cover Via 0 Under Separate Cover Via: 0 In Accordance with Your Request 0 Regular Mail Overnight Mail 0 Courier 0 Signature
0 Review and Comment
Use
The Following:
Copies Date Description
1 6182000 Landscape Plans, Quantities & Estimate
Remarks:
Copies To: Reynolds, Smith and Hills, Inc.
4651 Salisbury Road
Jacksonville, Florida 32256
FL Ceh Nos. AACOOl886-EB0005620-LCC000210
(904) 296-2000 F~x: (904) 279-2491
By:
Ehce Robbins"
Document 2
REYNOLDS, SMITH AND HILLS, INC.
Architectmil, Engineering, Planning and Environmental services
Of 1 'mject: SR 786 (PGA Blvd.) Over SR 811 Sheet:
I I No* 106-9438-064 mation: Palm Beach Gardens I
5/8/00 Date: CONSTRUCTION COST ESTIMATE
3asis for Estimate: Estimator: Checker
ROBBINS -Pre-design - Concept -Schematic -Des. Dev. X -FINAL CONSTR. DOC. ROBBINS
Planning RS&H Program: 601 Discipline: FDOT Xent
Item Description Quantity Units Unit Cost ESTIMATED COST
SUMMARY OF LANDSCAPE AMENITIES:
LANDSCAPE
Trees 1 LS 337,218.00 337,218
Shrubs and Groundcovers 1 LS 308,916.00 308.916
Seeding
Bahia Sod
10,949 M2 0.65 7,117
34.069 M2 2.16 73.589
I I I I I -I--- I Floratam St. Augustine Sod I 73.488 I M2 1 3.23 I 2 37.366
Eucalyptus Mulch
Planters - Bed Prep. (Gravel & Filter Fabric)
IRRIGATION.
~~
14,878 M2 5.00 74,390
1 LS 4,000.00 4,000
lmgation System and Pumping Station
ELECTRICAL AMENITY PACKAGE
1 LS 287,924.00 287,924
I I I I PAVERS AND CONCRETE CONTAINMENT BAND I I I
Speciality Roadway Lighting and Landscape Lighting LS SUBTOTAL $57,044
~~ ~
and Power for lmgation System and Fountain
FLOATING FOUNTAIN
~~
1 LS 15,000.00 15,000
Concrete Interlocking Pavers
Concrete Containment Band
363 M2 92.53 33,588
112 M 25.00 2,800
Landscape Berms
TOTAL AMENITY COST
I
8,340 M3 7.00 58,380
1,497,333
REYNOLDS, SMITH AND HILLS, INC.
Architectural. Engineering, Planning and Environmental Services
Of 2
Palm Beach Gardens No* 106-9438-004
'de&: SR 786 (PGA Blvd.) over SR 811 Sheet
.ocation:
I
5/8/00 Date: CONSTRUCTION COST ESTIMATE
REYNOLDS, SMITH AND HILLS, INC.
Atchitectual, Engineering, Planning and Envimnmental Services
Of 3 Sheet
HS%r
SR 786 (PGA Blvd.) over SR 811
mation: Palm Beach Gardens
CONSTRUCTION COST ESTIMATE
No' 60 1 -94 1 7-000
5/8/00 Date:
Inject: SR 786 (PGA Blvd.) over SR 811
Palm Beach Gardens
CONSTRUCTION COST ESTIMATE
-Pre-design __ Concept - Schematic - Des. Dev. -FINALSO % Constr. Doc.
lasis for Estimate:
Of 4 Sheet
Project No- 106-9438-004
Date:
Estimator: Checker
5/8/00
WOODRUM ROBBINS
~~
4 I Lateral PiDe 50mm I 2.341
RS8H Program: 601 FDOT :lient
I tem Description Quantity Units
IRRIGATION FOR ADD. ALT. NO. 5:
1 Lateral Pipe 20mm 11,729 m
2 Lateral Pipe 32mm 4,221 m
3 Lateral Pi= 40 mm 2.841 m
m
I I
Planning Discipline:
Unit Cost
2.13
2.79
3.28
3.77
mI 5.25 5
6
7
8
9
mI 9.38
Lateral Pipe 80mm . 1,279
Lateral Pipe 100mm 4,028
Lateral Pipe 150mm 125
334
420
Schedule 40 PVC Sleeving 50mm
Schedule 40 PVC Sleevina 200mm
21.81
10.17
10
11
12.
Galvanized Steel 200mm 94
Flex Pipe 15mm 35
Flex PiDe 20mm 545
m I 42.64
14
15
16
17
13 I 1-60 Sprinkler Head I 82 I ea I -150.00
PGM Sprinkler Head 165 ea 66.00 10,890
1-20 Sprinkler Head 313 ea 78.00 24,414
5702 12P Sprinkler Head 432 ea 22.00 9,504
5702 6P SDrinkler Head 2.043 ea 21 .oo 42.903
ESTIMATED COST
27
28
29
30
31
24,983
~-
Brooks Valve Box 1419 67 ea 1 60.00 I 4,020
Brooks Valve Box IRT 20 ea 35.00 700
Controller ESP-1 2LX+ WPed Whrvire 6 ea 1,144.00 I 6,864
Irrigation Pumping Station 1 ea 32,600.00 32,600
Pipe Fittings Pipe x .20 = 112,324 x .2 = $22,465 1 Is 22,465.00
TOTAL IRRIGATION I $287,924
I I
1 1.777
9,318
8,826
6,715
37,783
2.726-
1,917
4,271
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4,008
135
2,894
12.300
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V. CITY MANAGER REPORT
PGA National Golf Club North
Drainage
Verbal Report
REVISED CONDITION #8 OF ORDINANCE 14,2000 (ADMIRALTY)
8. The vehicular connection points in the parking garages between this project
and Tanglewood may be eliminated upon the recordation of a release of
easement for that portion of the parking easement affecting the existing roadway
on Tanglewood’s property, as referenced in the letter from CSC Tanglewood
Associates, LTD to the City of Palm Beach Gardens dated June 14, 2000. The
existing ground level vehicular connection point west of the parking garage shall
be maintained for one-way vehicular traffic and will be amended by the applicant
to include proper signage and pavement marking to foster safe pedestrian and
bicycle use at the request of the City. (Engineering, Planning)
Jun-15-2000 02:35pn From- t5616556222 T-716 P.002/002 F-635
WID LAYMW P.02 . --- -__ . "- m . JIJN-14-2@88 12~52 FROM CEEBRAID WB
hat^ 24,2000
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TOT& P. 62
V. CITY MANAGER REPORT
a.Construction Update
Verbal Report
V. CITY MANAGER REPORT
b.Growth Management Report
Verbal Report
V. CITY MANAGER REPORT
c.Canal Maintenance
Verbal Report
V. CITY MANAGER REPORT
d.Holly Drive Drainage Project
Verbal Report
V. CITY MANAGER REPORT
e.PGA Flyover
Verbal Report
V. CITY MANAGER REPORT
f.PGA National Golf Club North
Drainage
Verbal Report
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
May l&2000
The May 18, 2000, Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located
at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of
Allegiance to the Flag.
ROLL CALL:The City Clerk called the roll and the following elected officials were found to be
in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark,
Councilmember Lauren Furtado, and Councilmember Carl Sabatello.
PRESENTATIONS:
Riverside Drive Landscaping - Public Works Director Bob Patty presented the project. Landscape
Architect Frank Maroney reviewed the proposed landscaping plans, which utilized 99% native
plants.
New Police Officers -Five new police officers were introduced by Police Chief Fitzgerald: Julius
Barone; Donald Cromwell; Neimah Spence; Avrham Tawil; and Dar-r-in Walker. Police Chief
Fitzgerald announced that the Police Department was now fully staffed.
CITY MANAGER REPORT:
Strategic Plan - City Manager presented a draft 3-year strategic plan. Councilmember Clark
recommended delivery of services be placed as top priority in each category.
Construction Update - Building Official Jack Hansen provided an update on the progress achieved
to date on various remaining construction items, as well as anticipated completion dates.
Growth Management Report - Growth Management Director Roxanne Manning reviewed highlights
of the Growth Management Forbearance Agreement Work Program.Ms. Manning also presented
a brief report regarding school concurrency, with newly developed population figures that indicated
that even with projected school improvements there would be overpopulated schools by the year
2004.Vice Mayor Jablin reported that School Board member Tom Lynch had recently been a guest
speaker at the Education Advisory Board meeting, and encouraged the City to involve Mr. Lynch
and his staff to help with this issue. Ms. Manning reported the County was to run an updated 2010
transportation model for presentation at the next meeting regarding this issue, which Mayor Russo
requested. Mayor Russo expressed concern regarding lack of communication, to which the City
Manager responded that a log was being kept to document each occasion a staff member spoke to
someone at the County.City Engineer Lindahl reported he had spoken to the staff person
responsible to run the model and would press for it to be done within the time schedule, and that
each contact would be documented.The City Council was assured by staff that written notification
of the City’s next meeting on this issue would be given to the County in ample time for their
participation.
COMMENTS FROM THE PUBLIC:
Alex Perez, 4144 Catalpa, Garden Woods - Mr. Perez read into the record a petition from the
residents of Garden Woods in support of changing Resolution 147, 1999, to move a proposed
CITY COUNCIL REGULAR MEETING, 5/l 8/2000 2
railway crossing Ii-om close by their neighborhood to south of PGA Boulevard on undeveloped land.
Mr. Perez reviewed the chronology of documents that had been presented to the City regarding this
item.
Roger Blangv, 11658 Hemlock, Garden Woods -Mr. Blangy provided a presentation on the
proposed railway crossing and concerns regarding land use on Parcel 5A.
Gilda Gomez. 11899 Bavberrv, Garden Woods - Ms. Gomez expressed concern on behalf of the
residents regarding future proposed linkages through Plat 4.
Growth Management Director Manning reported the City had contacted FDOT and stopped work
on the railway crossing until the City could further study the matter; and that a meeting would be
held with the residents regarding this issue.Ms. Manning explained the proposed roadway had been
on the City’s Comprehensive Plan for five years and that staff planned to initiate an amendment to
the Comprehensive Plan to eliminate the roadway. However, that could not be done until this
summer.Mayor Russo requested that all future linkages benefit both communities connected by the
link, and that residents be told in the beginning that a link was planned.Land use on Parcel 5A was
discussed, which Mayor Russo anticipated to be upscale office buildings. Mayor Russo assured the
residents that they would be advised of the use when Mr. Catalfumo presented a project for that
parcel.Growth Management Director Manning reported that Mr. Catalfumo had been told he must
work with the residents, and explained that the residents would be able to provide input during the
PUD approval process.
Linda Hughev - Ms. Hughey reported Intracoastal Health Systems was proposing to close one of
their non-profit hospitals, one of which contained the trauma center, which would greatly impact
Palm Beach Gardens residents. Ms. Hughey requested the City Council send a letter in support of
keeping the hospitals open.
Pat Hughev -Ms. Hughey reported pests and rodents were entering nearby homes since the
NorthMil project had been started.Growth Management Director Manning responded that the
developer would be asked to voluntarily provide pest control, that the County Animal Control would
be contacted to see if they could help, and that language would be placed into the Code to address
this problem.Ms. Hughey renewed her previous inquiry regarding whether the standard had been
met for the median cut into the NorthMil project from Military Trail, to which the City Engineer
responded that the criteria had to have been met before a permit could be issued.
Henry Skokowski - Mr. Skokowski announced that he was representing Tom Frankel and the owners
of San Michele development, which had been denied approval by the City Council; and requested
a second opportunity to present this project, making new commitments to the City. The City
Attorney advised as to proper procedure.Councilwoman Furtado made a motion to re-open
Ordinance 4, 2000 so that it could be revisited.Councilman Clark seconded the motion, which
carried by unanimous 5-O vote.
Walter Marussien - As a Gardens Woods resident, Mr. Marussien expressed support for the petition
presented earlier against the linkage through Banyan Street.
CONSENT AGENDA:Councilman Clark moved approval of the Consent Agenda. Vice Mayor
Jablin seconded the motion.During discussion of the motion, Councilwoman Furtado noted the City
was supporting the State Attorney’s position on fraud, which was an item on the Consent Agenda.
Motion carried by unanimous 5-O vote. The following items were approved on the Consent Agenda:
1.Consideration of approving Minutes from the April 17, 2000 Regular City Council
CITY COUNCIL REGULAR MEETING, 5/l S/2000 3
2.
3.
4.
5.
Meeting.
Consideration of approving Minutes from the April 27, 2000 Special Workshop City
Council Meeting.
Award of Bid for 16 computers for the Emergency Operating Center to Dell
Computers, Inc per piggyback GSA contract.
Award of Bid for EM/2000 Software to Specialized Disaster Systems, International,
Inc. per piggyback State and County Bid.
Award of Bid for Plat 4-Phase I: North and South Banyan Street Drainage Retrofit
to D. S. Eakins Construction Corporation per piggyback on Palm Beach County
contract.
6.Resolution 37, 2000 - Consideration of authorizing the Mayor and City Clerk to
execute a Memorandum of Agreement with the Florida Department of
Transportation for the beautification and maintenance of the intersection of PGA
Boulevard and State Road 811.
7.Resolution 43, 2000 - Consideration of approving the Professional Centre at the
Gardens a/k/a Gertz Office Building Plat.
8.Resolution 44, 2000 - Designating May 21st - 27th, 2000 as Fight Fraud Week.
PUBLIC HEARINGS:
Ordinance 8, 2000 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 8, 2000 - Consideration of providing for amendment of Ordinance 21, 1998, the
Development Order for the Golf Digest Planned Community District, by adopting an
Amendment Development Order; providing for amendment of the Master Development
Plan to reconfigure golf and residential development parcels; providing for modified
conditions of approval, providing for severability; providing for the repeal of all ordinances
or parts of ordinances in conflict herewith; and providing for an effective date, for
Consideration on Second Reading and Adoption.Principal Planner Jim Norquest
presented the petition, described the revisions, and requested addition of a condition
regarding the littoral shelf system which he read into the record. Staff recommended
approval with 72 conditions.City Engineer Lindahl reported a separate document had
been provided regarding the water management system and providing a traceable record
containing the history since the onset of the project. The City Engineer reported that a
condition of approval had been included regarding disclosure of fluctuating lake levels.
Henry Skokowski spoke on behalf of the petitioner. Siro DeGasperis stated he represented
the PGA National POA Board of Governors and the CAN Community Board of Directors.
Mr. DeGasperis commented the petitioner had indicated to him a desire to be a good
neighbor and to work with the residents, and he had no negative comments. Adele
Sullivan stated her property backed up to PGA Boulevard and expressed concerns, and
requested a definitive plan from the developer as to what they would provide. Discussion
ensued. Councilwoman Furtado volunteered to coordinate between the residents and the
developer to work out concerns.Hearing no further comments from the public, Mayor Russo
declared the Public Hearing closed. Councilman Clark made a motion that Ordinance 8, 2000 be
placed on Second Reading by title only and approved with the new condition read into the record.
Vice Mayor Jablin seconded the motion, which carried by 5-O.The City Clerk read Ordinance 8,
2000 on Second Reading by Title Only.
CITY COUNCIL REGULAR MEETING, S/l 8/2000 4
Ordinance 14,200O - Mayor Russo declared the public hearing open, held on the intent of Ordinance
14, 2000 - Consideration of approving the application of Palm Beach Hotel and Office Building
Limited Partnership for an amendment of a previously approved Planned Unity Development located
at the southwest comer of PGA Boulevard and Interstate Highway 95 by approving an increase in
square footage in the Phase 2 Office Building from 82,265 to 82,389 and a reduction in height Ii-om
ten stories to five stories, and allowing the permitted Phase 2 Parking Structure to have an optional
third floor; providing for conditions of approval; providing for waivers.Staff requested
continuation to the June 15, 2000 City Council meeting.Petitioner Al Malefatto requested
continuation to the June 1, 2000 City Council meeting. Discussion ensued. John Gary, Attorney
representing the adjacent Tanglewood development, also requested continuation to June 1. Vice
Mayor Jablin made a motion to continue consideration of Ordinance 14,200O to the June 15,2000,
City Council meeting.Councilman Clark seconded the motion, which carried by unanimous 5-O
vote.
RESOLUTIONS:
Resolution 33, 2000 -Principal Planner Jim Norquest presented Resolution 33, 2000 -
Consideration of approving a site plan of development for entry features within the Golf Digest PCD
along PGA Boulevard, the subject property is located along the north side of PGA Boulevard, west
of the Florida Turnpike, east of the Loxahatchee Slough, and south of Hood Road; providing for
conditions of approval.Mr. Norquest requested a change in condition one so that it would read: The
petitioner must meet all Palm Beach County Engineering Standards and all applicable conditions
of approval referenced in Palm Beach County’s letter to Mock Roos and Associates dated February
27, 1999.Henry Skokowski announced that the name of this project would be Mirasol. The
Landscape Architect for the project reviewed the landscaping. Councilman Clark made a motion to
approve Resolution 33, 2000 with the changed condition one as read into the record by staff.
Councilwoman Furtado seconded the motion, which carried by unanimous 5-O vote.
Resolution 38.2000 - Principal Planner Jim Norquest presented Resolution 38,200O - Consideration
of providing for the approval of a wall sign at BellSouth Switching Station, located approximately
0.2 miles from the southeast comer of Alternate Al A and RCA Boulevard, on the south side of RCA
Boulevard as more particularly described herein.Councilwoman Furtado made a motion to approve
Resolution 38, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5-O
vote.
Resolution 4 1, 2000 - Finance Director Olson presented Resolution 4 1, 2000 - Consideration of
authorizing the acquisition of right-of-way along Bums Road and filing of Eminent Domain
proceedings. Councilwoman Furtado made a motion to approve Resolution 41,200O. Councilman
Clark seconded the motion, which carried by unanimous 5-O vote.
ITEMS OF COUNCIL ACTION:
Bums Road Widening - Consideration of a motion to move forward with Bums Road Improvements
was presented by Finance Director Olson, who indicated staff recommendation was to proceed with
implementing a road impact fee and final design of the road..Councilwoman Furtado made a
motion to approve the staff recommendation. Councilman Clark seconded the motion. Mayor Russo
requested and received clarification that a funding source had not yet been identified.Motion carried
by unanimous 5-O vote.
PGA Flyover - Consideration of a motion to move forward with PGA Flyover Improvements -
CITY COUNCIL REGULAR MEETING, 5/l 8/2000 5
Finance Director Olson indicated staff recommendation was to proceed with hiring special legal
counsel and consultants to be paid by a special assessment area and move forward with the PGA
Flyover enhancements. Discussion ensued regarding minor changes which could reduce the cost.
Councilman Clark made a motion to approve the staff recommendation.Councilwoman Furtado
seconded the motion, which carried by unanimous 5-O vote.
ITEMS FOR DISCUSSION
Bulletin Board Placement at Citv Hall - Staff reported the Art Advisory Board had recommended
placement of a bulletin board on the wall located on the right side when entering the Municipal
Complex from the parking lot. Councilman Sabatello indicated preference for an outdoor bulletin
board.Consensus was to place the bulletin board outside.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
Vice Chair Jablin- Vice Chair Jablin Clark reported attending the Chamber of Commerce Breakfast
for Municipal Employees of the Year where he had received a plaque honoring Ernie Can-.Mr.
Jablin commented he had attended the annual noise abatement hearing at the North County Airport,
and very few noise incidents had been reported over any of the communities being monitored.With
final improvements to a runway at PBIA, low-flying jets would no longer be an issue except when
weather conditions warranted. Mr. Jablin reported good attendance at the art reception held in the
lobby the previous week and that the County’s Policeman’s Ball had also been a great affair, which
had been sponsored this year by the City.
Councilman Sabatello - Councilman Sabatello expressed his opinion that the Municipal Complex
funding status document provided great information. Councilman Sabatello commented the Banyan
Road project had been delayed too long and in such cases residents should be provided with a
timeline. The Public Information Officer reported completion was expected between September 15
and 30,200O.It was reported that Seacoast Utility had been advised the City was not happy with
the delay caused by their contractor.Timing for Fire Station 5 was discussed, and the City Manager
advised that the document regarding feasibility for using Station 16 had been provided for
informational purposes, and that any recommendation was preliminary and not yet evaluated.
Councilman Sabatello complimented staff on their work on the Mirasol project, which had 72
conditions.
Mayor Russo - Mayor Russo reported attending NOVA University’s opening at RCA and welcomed
them to the community.Mayor Russo requested staff research regarding a request made by Kim
Glas which would permit her to attend City Council meetings representing petitioners. Mayor Russo
requested memos such as the document regarding the fire station be put out at capital budget time
instead of at other times.Mayor Russo requested budget hearings be scheduled coordinating the
schedules of the City Council members.
ADJOURNMENT
There being no further business to discuss, upon motion by Councilman Clark, seconded by
Councilwoman Furtado, carried 5-0, the meeting was adjourned at 10: 15 p.m.
CITY COUNCIL REGULAR MEETING, 5/l 8/2000 6
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JAl3LIN
CHAIRMAN PRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
ATTEST:
CAROL GOLD
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Subject/Agenda Item
The Oaks Center Plat
ate:June 2,200O
e: June l&2000
Recommendation/Motion:
There are no Engineering concerns with this plat, therefore approval is recommended.
Reviewed by: -I Or&jinating Dept.:
/ )I Growth Management
costs: $0
(Total)
Council Action:
City Attorne
Finance
[ ] Approved
[ ] Approved WI
conditions
ACM
Other
Advertised:
Date:
Paper:
$bmitted by:c;pcuIc.- b,sla 1 X 1 Not Rewired
Sean C. Donahue, P.E.
Department Director Affected parties
Approved by:[ ] Notified
[ X ] Not required
Funding Source:[ ] Continued to:
[ ] Operating Attachments:
[ ] Other Memorandum
[ ] Denied
Budget Acct.#:
[ ] None
BACKGROUND: See attached memorandum.
.9
lbFbINC.
CONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING
GIS
“Partners For Results
Value by Design”
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fax: (561) 286-3925
www.lbfh.com
MEMORANDUM
TO:Carol Gold
FROM:Sean C. Donahue, P.E. @
DATE:June, 2000
FILE NO.98-4008
SUBJECT:The Oaks Center
Attached please find the original plat for the referenced project printed on
Mylar received on May 3 1,200O.Also attached are paper copies of various
identifying portions of the plat.
Our Survey and Engineering Departments have determined that this plat is
technically compliant with Chapter 177 of the Florida Statutes and meets
the City of Palm Beach Gardens requirements.Therefore, we recommend
the approval of this plat.
SCD/
cc:Roxanne Manning
.
-a- --.\N87”45’44”W
I 35.04’ ‘,/
R=235.00’ :R=22.
- A=O8”05’ 11”/ A=16.669.67’ \ - //\ L=33.17’ l c L=64
!!!!3~44’5O”W -c---L-e.\--\--
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w--L--16-v nr - l--‘x \
--L---1---
OAKS CENTER
LYING IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST.
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA
.
...........
SHEET 2 OF 2 APRIL, 2000
PROSPERITY OAKS
P.B. 39, PG. 122 .
..
........
.........*l *
: c.3.
.4 8..
. .R=235.00’ ’: “f .1.d 2
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(
A=l2’18’0~
L=50.45’
.rLIMITS Ok PLAT l
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A=l6”21’13”1
L=67.08
.
‘\.
OAKS CENTER
LYING IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST.
CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA
SHEET 1 OF 2 APRIL, 2000
VOWLEDGMENT:CITY APPROVALS:
)f FLORIDA
OFPALMBEACH
AE PERSONALLY APPEARED JUDITH M. GALUI, WHO IS PERSONALLY KNOWN TO ME OR0UCEDAS IDENTIFICATION AND WHO EXECUTED THE FOREGOING
idENT AS PRESIDENT OF OAKS CENTER MANAGEMENT, LLC.. A FLORIDA
LIABILITY COMPANY AND ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED
ISTRUMENT AS SUCH OFFICER OF SAID CORPORATION, AND THAT THE
FFIXED TO THE FOREGOING INSTRUMENT IS THE CORPORATE SEAL
CORPORATION AND THAT IT WAS AFFIXED TO SAID INSTRUMENT BY DUE
ULAR CORPORATE AUTHORITY, AND THAT SAID INSTRUMENT IS THE FREE ACT- _- -.--__---- -
CITY OF PALM BEACH GARDENS
COUNTY OF PALM BEACH, FLORIDA
THIS PLAT IS HEREBY APPROVED FOR RECOf
THIS DAY OF ( 2000.
BY:
JOSEPH R. RUSSO - MAYOR
RESOLUTION 48,200O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING
THE OARS CENTER PLAT; AND, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Oaks Center Plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the plat; and
WHEREAS, the Plat is consistent with the City’s Comprehensive Plan and LDRs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1.The Mayor and City Clerk are hereby directed and authorized to execute
the Mylar of the Oaks Center Plat, consisting of two (2) sheets dated May 3 1,2000, prepared by
Lawson, Noble and Webb, Inc. Engineers Planners Surveyors, attached hereto as Exhibit “A”.
SECTION 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS -DAY OF
Joseph R. Russo, Mayor
ATTEST:APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
Carol Gold, CMC, City Clerk City Attorney
VOTE:
Mayor Russo
Vice Mayor Jablin
Councilwoman Furtado
Councilman Clark
Councilman Sabatello
AYE NAY ABSENT
- - -
- - -
- - -
- - -
- - -
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: June 5,200O
Subject/Agenda Item: Awarding of contract for Alamanda Drive Canal Erosion
Control Project
Recommendation/Motion: Staff recommends City Council approval of piggyback bid
from D.S. Eakins Construction Corporation’s Palm Beach County contract for the
amount of $99,489.00, which is partially funded (5050) by an EDA Grant.
Finance
ACM
Human Res.
Other
Originating Dept:
Advertised: m
Date:
Paper:
[ X ] Not Required
Affected parties
[ ] Notified
[ X ] Not required
costs: $99,489.00
Total
$~400,000.00
Current FY
Funding Source:
[X ] Operating
[ ] Other
Budget Acct#::
01-3040-541.467
Council Action:
[ ] Approved
[] Approved WI wontitions
[ ] Denied
[] Continued to:
Attachments:
I
[ ] None
BACKGROUND:
The City has obtained approximately $200,000 of matching grant funds from the
Economic Development Administration (EDA) to construct five (5) drainage
improvement projects.The Alamanda Drive Canal Erosion Control project will
reduce runoff into adjacent properties during storm events, minimize erosion and
maintenance required in this area, and will improve the aesthetics of the canal
embankment.
\VclProjects\OO-4111\00-411 lbiagenda~ahmandatbI.doc
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: June 5, 2000
Subject/Agenda Item: Awarding of contract for Sandalwood Estates Canal Erosion
Control
Recommendation/Motion: Staff recommends City Council approval of piggyback bid
from D.S. Eakins Construction Corporation’s Palm Beach County contract for the
amount of $12,873.00, which is partially funded (5050) by an EDA Grant.
Reviewed by:
City Attorney
Finance
ACM
Originating Dept.:
Human Res.
Other Advertised: m
Date:
Paper:
Funding Source:
[X ] Operating
[ ] Other
[ X ] Not Required
Affected parties Budget Acct.#::
Approved by:/ I[ ] Notifiedrc/ I [ X ] Not required
Costs: $12,873.00
Total
$400,000.00
Current FY
01-3040-541.467
Council Action:
[ ] Approved
[] Approved we contitions
[ ] Denied
[ ] Continued to:
Attachments:
L
[ ] None
BACKGROUND:
The City has obtained approximately $200,000 of matching grant funds from the
Economic Development Administration (EDA) to construct five (5) drainage
improvement projects. The Sandlewood Estates Canal Erosion Control project will
minimize erosion and maintenance required in this area, and will improve the
aesthetics of the canal embankment.
\\Pc\ProjectsWO4111W041llchgenda_sandaiwood.tbl.doc
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:Nabar Martinez, City Manager
APPROVED: Robert Patty, Public Works Director
Date: June 5, 2000
FROM:Daniel P. Clark, P.E., Asst. City Engineer-
1 SUBJECT:Economic Development Administration Grant Proiects I
The Public Works Department is requesting City Council approval to provide funding for
the construction of two (2) Economic Development Administration (EDA) Grant projects within
the City. One project is located along Alamanda Drive, near its intersection with Prosperity
Farms Road, and the second is located within the Sandlewood Estates development.
BACKGROUND:
The City has obtained approximately $200,000 of matching funds from the Economic
Development Administration to construct five (5) drainage improvement projects within the
City.The City Engineer has prepared construction plans for two (2) of the projects, and has
recommended that the City piggyback off of D.S. Eakins Construction Corporation’s annual
contract with Palm Beach County.The remaining projects are pending permit approval from the
South Florida Water Management District.In order to receive matching funds from the EDA,
the projects must be under construction by September, 2000.
The Public Works department has budgeted $400,000 into account number 01-3040-
541.467 of the current budget year to complete these projects.
DISCUSSION:
The two (2) EDA Grant Projects that are designed and ready for construction consist of
the Alamanda Drive Canal Erosion Control project and the Sandlewood Estates Canal Erosion
Control project.
The Alamanda Drive Canal Erosion Control project is located along Alamanda Drive
near its intersection with Prosperity Farms Road, and will consist of reshaping the existing canal
immediately downstream of the spillway, and lining the canal with filter fabric and rip-rap to
provide increased erosion protection.
The Sandlewood Estates Canal Erosion Control project is located at ll* Court and the
Gardens East Basin canal, and will consist of constructing a concrete apron and stabilizing the
canal banks with filter fabric and rip-rap to provide increased erosion protection.
The Public Works department is requesting that these two projects be constructed as soon
as possible so as to provide increased erosion protection during the upcoming hurricane season.
RECOMMENDATION:
StafT recommends City Council approval of piggyback bid from Palm Beach County in
the amount of $99,489.00 for the Alamanda Drive project, and $12,873.00 for the Sandlewood
Estates project.
cc:Dr. Beth Ingold-Love, Assistant to City Manager
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 15,200O
Date Prepared: May 25,200O
SUBJECT/AGENDA ITEM: PUD 99-02
Second Reading/Public Hearing: Ordinance 14, 2000, a request to amend the Master
Plan for the Admiralty II Planned Unit Development (PUD) to increase the square
footage of the approved second phase office building from 82,265 to 82,389, reduce its
height from 10 stories to 5 stories, and add an optional third floor to the approved
parking structure.
RECOMMENDATION:
Staff recommends approval of Ordinance 14, 2000, with conditions.
Reviewed by:
LJCity Attorney
Finance NA
ACM
Human Res.&
Other NA
Originating Dept.:costs: $Council Action:
Total
Growth Management [ ] Approved
d
$[ ] Approved wl
Current FY conditions
[ ] Denied
Advertised:Funding Source:[ ] Continued to:
Date: May 3, 2000 [ ] Operating Attachments:
Paper: Palm Beach [ ] Other l Ordinance 14,200O
Post 0 Site plan
l Landscape plan
0 Sign elevation
l Feb. 29, April 7
waiver justifications
l Feb. 8 waiver
justification & summary
May 11 letter from
Oliver Glidden
Submitted by:
l&l
DD [ ] Not Required
Growth Management Affected parties Budget Acct.#::
Director 3ti A@ w’hy
Approved by:[ x ] Notified [ ] None
City Manager [X] Not required
City Council
Meeting Date: June l&2000
Date Prepared: May 26,200O
Petition PUD-99-02
REQUEST
Alfred J. Malefatto, agent for Palm Beach Hotel and Office Building Limited Partnership,
is requesting to amend the master plan for The Admiralty planned unit development
(PUD). The 12.5acre site currently contains an 82,265 square-foot office building, a
parking structure for 559 cars, a hotel containing 160 units, an 8,000 square foot
restaurant with 200 seats, and an 814 square-foot mechanical building. The second
phase of the site, which consisted of an additional 82,265 square feet of office and
another parking structure for 229 cars, has not yet been built. This amendment
proposes to increase the square footage of the approved office building from 82,265
square feet to 82,389 square feet (+I24 s.f.), reduce its height from 10 stories to 5
stories, and permit the approved parking structure to have an additional story (for a total
of three stories). The site is located on the southwest corner of PGA Boulevard and
Interstate Highway 95. (12-42S-42E)
BACKGROUND
The PUD, known as the “Admiralty II,” was created by Ordinance 15, 1987, and subsequently
amended, most recently by Ordinance 26, 1996 on February 6, 1997. The Admiralty II PUD
was approved for 164,530 square feet of office, a 162-room hotel, 4,300 square feet of retail,
8,000 square feet of restaurant, and a 3,600 square-foot bank. The development is
completed except for the Phase 2 office tower and 2-story parking garage.
The currently approved site plan for the Phase 2 office tower shows a IO-story structure. As
shown on the site plan, a 5-story building is now planned with a slight square footage
increase from the previous approval (from 82,265 square feet to 82,389 square feet). Some
architectural details for the proposed tower are similar to those on the existing buildings. The
primary color and material scheme for the proposed tower will match that of the existing
buildings. The floor plate and architectural styling, however, have been modernized.
This applicant originally requested only a time extension, but later expanded the request to
include the changes described above.
LAND USE AND ZONING
The subject site is zoned General Commercial (CG-1) with a PUD overlay, has a future land
use designation of Commercial (C), and is listed as Commercial (C) on the Vision Plan. For
a complete listing of adjacent uses, land use designations and zoning districts, see Table 1
(attached). Table 2 examines how consistent the proposed project is with the City Code and
future land use designation for the site.
2
City Council
Meeting Date: June 15,200O
Date Prepared: May 26,200O
Petition PUD-99-02
CONCURRENCY
The proposed project received concurrency certification on September 27, 1999, which
included concurrency for traffic, drainage, solid waste, sewer and water.
PROCEDURE
This is a request to amend an approved PUD. The request is reviewed by the Development
Review Committee (DRC), who forwards comments and recommendations to the Planning
and Zoning Commission.Acting in an advisory role, the Commission considers the
recommendations of the DRC and City Staff and makes a recommendation to the City
Council. The City Council reviews the request for an amendment to an approved PUD, and
makes a final determination of approval, approval with conditions, or denial.
PROJECT DETAILS
Buildincy Site
The 125acre site currently contains Phase 1 of The Admiralty project, consisting of a IO-
story office building with a drive-through bank, an Embassy Suites hotel, a restaurant, and a
parking structure.The second phase of the site has not yet been built. The applicant
proposes to increase the square footage of the approved office building from 82,265 square
feet to 82,389 square feet (an increase of 124 square feet), decrease the height, and permit
the approved parking structure to have an optional additional story (for a total of three
stories).
Site Access
The site currently has an ingress/egress along PGA Boulevard, which will be expanded to
provide a right turn lane. There is also access from Military Trail via a permanent easement
and road across First Union Center (formerly Admiralty).
At the time of its original approval, three additional access points were mandated by the City
Council, connecting the site to the Tanglewood Apartment site to the south. One was to be a
ground level connection west of the west parking garage and two were to be through the
parking garages themselves. The original development order (Ordinance 15, 1987) contains
a condition stating:
“The parking garages shall be constructed to have both exit and entrance
lanes on the south side facing Tanglewood Planned Unit Development.
The said garage openings shall be chained off from use and remain in such
status until the City Council shall by Resolution direct otherwise.”
3
City Council
Meeting Date: June 15,200O
Date Prepared: May 26,200O
Petition PUD-9942
Two of the access points have been built, including a narrow road west of the parking garage
(egress only-into Tanglewood) and an access point through the existing parking garage. The
garage access is currently chained off. The third was to be added when the new parking
garage was built.
The applicant has requested that the two garage access points be eliminated. (The owner of
Tanglewood wants all three access points to be removed.) The Planning staff and the City
Engineer are amenable to the removal of the garage access points jf the petitioner will agree
to preserving the ground link and to expanding it to accommodate two-way vehicular traffic
in the future if requested by the City. The City would also like to see the lane widened and
striped or otherwise clearly marked for safe pedestrian and bicycle use.
It should be noted that this property is within the PGA Corridor Overlay (see discussion
below) and one of the Overlay principles is that “Neighboring properties are encouraged to
link their parking lots together and to share common driveways.”
The City Engineer has consulted with the City’s traffic consultant on this matter. His
recommendation is that the existing and proposed garage access points could be eliminated.
The westernmost (ground level) access point, however, should definitely remain. In fact, at
some time in the future it should be expanded to accommodate two-way vehicle movement if
conditions warrant.
Since the City Council first reading, the owners of Tanglewood have indicated that they have
the legal right to terminate the ground level connection, and that they want to do so. This
information is disturbing because staff wants the connection to remain for linkage and cross-
access purposes, and because the existence of the connection was assumed in staffs
previous analysis of the project. As of this writing, this matter is not resolved.
Siqnaqe
l Ground Signs: The site has approximately 1,539 feet of public road right-of-way frontage;
therefore the site can have up to 2 ground signs. The site already contains one ground
sign with four tenants, and they are proposing a second ground sign with three tenants.
Four tenants on one sign would not be allowed by today’s code, but since a specific
approval was granted for it (Resolution 145, 1994) it is a valid nonconformity which can
remain. The proposed ground sign meets code.
l Wall Signs-Existing: This property also contains a number of wall signs. The City
approved a signage program for this entire property via Resolution 61, 1988, and most of
the existing signs conform to that plan. An apparent exception is the sign on the existing
office building. Resolution 61, 1988 calls for this sign to be no higher than the second
floor, but today it is above the tenth floor. Unless the applicant can establish that the City
approved this change, this sign would be considered illegal, and would have to be
4
City Council
Meeting Date: June 15,200O
Date Prepared: May 26,200O
Petition PUD-99-02
removed. Another option is for the applicant to request a waiver as part of this application
for this sign, which they have now done. Mr. Jack Hanson, the City’s Building Official, is
certain that the relocation of the sign to the 10th floor was properly permitted, although he
cannot find the documentation.
l Wall Signs-Proposed: The proposed building exhibits two signs. On the north facade is a
sign at the fifth floor level. Under today’s code this sign could be no higher than the fourth
floor line. The approved signage program allowed a sign at the tenth floor level for this
building, but since the proposed sign is in a different location the previous approval is not
valid for it. Therefore the applicant has requested a waiver for this sign.
The applicant is also proposing a fifth floor sign on the south facade of this building. The
approved signage plan allows only a second floor tenant identifier sign at this location, and
today’s sign code would not allow a second building identification sign. Therefore this sign
cannot be approved unless by waiver, which the applicant has requested.
PGA Boulevard Corridor Overlav
This project falls within the PGA Corridor Overlay District. The project complies with the
landscape and open space guidelines of the Overlay. The building design guidelines of the
Overlay call for new buildings in existing complexes to “have a unity of character and design.”
Other guidelines suggest seeking “visual order through the consistent use of compatible color
palettes”, and require that all building elevations receive equal architectural treatment.
It should be noted that the Overlay requires that all new, relocated, or reconstructed utilities
be placed underground.
Phasinq
All of Phase 2 will be built at once, except that the applicant may not add the (optional)
third level onto the parking garage until later. See “Parking” below for discussion.
Parkinq
It should be noted that the City is in the process of revising its Land Development
Regulations, and that this project will be subject to these new regulations. One of the
proposed changes subjects projects which request parking above code requirements to
special processing. Any request for a parking increase of more than 10% over required
parking requires a waiver from the City Council. The need for the additional parking must be
justified. This project requires such a waiver for its additional parking request.
The required number of parking spaces in Phase 2 is 275 (1 space1300 s.f.). The
proposed parking structure would contain 295 at two stories (8% over required) and 431
at three stories (58% over required). The applicant has requested a waiver request for
the additional parking, and has provided a justification (attached).
5
City Council
Meeting Date: June IS,2000
Date Prepared: May 26,200O
Petition PUD-99-02
Leqal Nonconformities
As noted earlier in the ‘Signage” section, the existing ground sign with four tenant
names is a legal nonconformity because it would not meet today’s code but received
specific approval by the City.
Waivers
The applicant initially requested several waivers, including:
1. Specialty pavers, currently not allowed by right.
2. 9’ parking spaces in place of the standard 10’ spaces
3.Number of loading spaces; code requires 3 for this use, applicant is proposing 2
4. PUD setback: on south side, code requires 20’ setback. Applicant is requesting a
waiver to match the existing garage’s 15’ setback
5. Elimination of 6’ wall: on south side, code requires a 6’ wall separating commercial
from residential. Applicant feels that the parking garage in effect acts as 6’ wall
6.Number of flagpoles; code allows three but four already exist
7. Timing of platting; code requires platting prior to C.O., which is acceptable to applicant.
However code is being revised to require platting prior to building permit, which applicant
does not want. Waiver filed as a precaution in case code is changed before their final
approval
8.Signage on north side of proposed building; code limits to fourth floor line, but
applicant wants sign at top, which is above the fifth floor
As the project has developed, the applicant has added two additional waivers:
9.Signage on existing office building; according to this project’s approved signage
plan, this building was to have a sign at the second floor level. Today the sign is
above the tenth floor
10. Signage on south side of proposed building; code does not allow second building
identification sign
The applicant has also requested a waiver for having over 10% more parking than their
use requires, as discussed earlier in this report.
DRC COMMENTS (meeting held January 27,200O)
Planning Division
The Planning Staff reviewed this petition and offered the following comments:
6
City Council
Meeting Date: June l&2000
Date Prepared: May 26,200O
Petition PUD-99-02
1.This application started as a time extension, but that request has now been
incorporated into the PUD amendment request.
2. The sign colors on the new building should match the sign colors on the existing
buildings.
3.The old conditions of approval from past approvals are being reviewed and will be
updated, deleted, or carried forward as appropriate.
4.Staff will evaluate the applicant’s request to close all access points between
Admiralty and Tanglewood and offer a recommendation at a later date.
5.Phase 1 of this project did not have enough parking to meet code, and utilized a
shared parking study. Due to parking and possible traffic concerns, Phase 2 may
have a prohibition on medical office use.
Police
See attachment dated February 4,200O.
City Engineer
No major concerns. See attached memos of December 17,1999, January 26,2000,
and March 9, 2000. It should be noted that the City Engineer does not support
removing all of the connections to Tanglewood PUD.
Seacoast Utility Authoritv
Several requests; see attached letter of December 15, 1999.
The following agencies have offered no comments or concerns on this project: City
Attorney, Public Works, Code Enforcement, Parks and Recreation, Public Information,
Solid Waste Authority, Northern Palm Beach County Improvement District, School
Board, City Environmental Consultant, Fire Marshal.
PLANNING AND ZONING COMMISSION
This project was reviewed by the Planning and Zoning Commission as a workshop on
February 22, 2000. No major concerns were raised by the Commission, and staff was
directed to prepare the application for a public hearing.
On March 14, 2000 this application was heard in a public hearing after due public
notice. Discussion focussed on the project signage. Finally it was resolved that the
petitioner would not seek specific signage approval with this application, but would
return later with a petition for approval of their sign package. They did ask the
Commission for a recommendation of approval on their requested signage locations,
however.
7
City Council
Meeting Date: June 15, 2000
Date Prepared: May 26,200O
Petition PUD-99-02
The Planning and Zoning Commission recommended approval of this application,
subject to staffs recommended conditions of approval. Their recommendation included
approval of the requested waivers, except for the applicant’s request to be able to plat
prior to C.O. rather that building permit. The Commission recommended to Council that
only the westernmost (ground) vehicular connection should be maintained between this
property and Tanglewood. Finally, the Commission recommended that a new condition
of approval be added requiring that the applicant come back to the City for approval of
their detailed signage package at a later date, although the locations of the signs could
be approved as a part of this petition.
CITY COUNCIL FIRST READING
This project was reviewed by the City Council as a first reading on April 17, 2000.
Discussion centered around access and circulation issues. Councilman Sabatello requested
that the City Engineer and the project engineer take another look at the entrance to the
project from PGA Boulevard to see if internal circulation can be improved. The cross access
point with Tanglewood was debated; most council members favored the elimination of the
garage access points jf the petitioner would retain and widen the ground level connection
west of the garage to two-way.
After the first reading, the City staff met with the project’s engineer and developed a revised
configuration at the PGA Boulevard entrance which will provide better traffic control by
adding a through lane and a left turn lane for inbound cars.
CITY COUNCIL SECOND READING
This petition was scheduled for second reading on May 18, 2000. However a few days prior
to the hearing, City staff became aware that Tanglewood was indicating that they had the
right to block the connection between these two sites. Since this was new information which
cast doubt on staffs ability to support this project, staff recommended a continuance to June
15 to (hopefully) allow time to resolve this issue.
As of the date of this writing, this matter is still unresolved.
RECOMMENDATION
Assuming a successful resolution of the cross access matter, staff recommends approval of
PUD-99-02, subject to the following conditions:
8
I.
2.
3.
4.
5.
6.
7.
8.
9.
City Council
Meeting Date: June 15,200O
Date Prepared: May 26,200O
Petition PUD-99-02
All conditions of approval from all previous ordinances and resolutions relating to this
PUD are still in full force and effect unless specifically modified or deleted herein.
(Development Compliance)
The sign colors on the new building should match the sign colors on the existing office
building (dark bronze). (Development Compliance)
No medical or dental office use shall be allowed in this project. (Planning)
Within three months of final approval, the applicant shall remove all exotic vegetation
from Phase 2. The area shall be graded, sodded or sown with grass seed, and
maintained until the commencement of construction. (City Forester)
The applicant shall be responsible for maintenance of the landscaping along PGA
Boulevard and the l-95 on-ramp. (Public Works)
This project shall be platted prior to the issuance of a building permit. (Engineering,
Planning)
This project shall return to the Planning & Zoning Commission and City Council as a
miscellaneous petition for the approval of the text of its signage. (Planning)
The vehicular connection points in the parking garages between this project and
Tanglewood may be eliminated. The existing ground level vehicular connection point
west of the parking garage shall be expanded to allow two-way vehicular traffic, including
proper signage and pavement marking to foster safe pedestrian and bicycle use, at the
request of the City. (Engineering, Planning)
This project’s buildout date is December 31, 2001, as referenced in the traffic impact
analysis. For purposes of this condition, the project shall be considered built out if all
building permits have been issued and the applicant is actively engaged in the
development of the site. (Development Compliance)
WAIVERS
Based upon staff analysis of the project’s circumstances and the applicant’s justification
statements, staff also recommends the approval of waivers l-6 and 8-l 1:
1. Specialty pavers, currently not allowed by right.
2. 9’ parking spaces in place of the standard 10’ spaces
3.Number of loading spaces; code requires 3 for this use, applicant is proposing 2
4. PUD setback: on south side, code requires 20’ setback. Applicant is requesting a
waiver because the existing garage has a 15’ setback
5.Elimination of 6’ wall: on south side, code requires a 6’ wall separating commercial
from residential. Applicant feels that the parking garage in effect acts as 6’ wall
6.Number of flagpoles; code allows three but four already exist
7. Timing of platting; code requires platting prior to C.O., which is acceptable to applicant.
However code is being revised to require platting prior to building permit, which
applicant does not want. Waiver filed as a precaution in case code is changed before
9
City Council
Meeting Date: June 15, 2000
Date Prepared: May 26,200O
Petition PUD-99-02
their final approval THIS WAIVER REQUEST HAS BEEN WITHDRAWN
8.Signage on north side of proposed building; code limits to fourth floor line, but
applicant wants sign at top, which is above the fifth floor
9.Signage on existing office building; according to this project’s approved signage
plan, this building was to have a sign at the second floor level. Today the sign is
above the tenth floor
lO.Signage on south side of proposed building; code does not allow second building
identification sign, but applicant wants one
11 .The applicant has requested a waiver for having over 10% more parking than their
use requires by code.
OUTSTANDING ISSUES
As of this writing, the cross access issue between this project and Tanglewood has not
been resolved.
10
Su biect Propertv
Admiralty II
North
Dou bleTree Hotel
South
Tanglewood Apartments
West
Admiralty I
East
lnfersfafe 95
CG-1 /PUD: General
Commercial (with a
Planned Unit Development
Overlay)
CG-1 /PUD: General
Commercial (with a
Planned Unit Development
Overlay)
RH/PUD: Residential -
High Density (with a
Planned Unit Development
Overlay)
CG-1 : General
Commercial
N/A
City Council
Meeting Date: June 15,200O
Date Prepared: May 26,200O
Petition PUD-99-02
Commercial
(C)
Commercial
(Cl
Residential - High Density
Commercial (C)
N/A
11
City Council
Meeting Date: June l&2000
Date Prepared: May 26,200O
Petition PUD-99-02
Sit
Minimum Building Site 12.5 acres Yes
Area for CG-1 : 1 acre
Minimum Site Width for 667 feet Yes
CG-1 : 100 feet
Maximum Building Lot 33.57%Yes
Coverage for CG-1 : 35%
Maximum Building Height 133 feet*Yes
for CG-1 : 36 feet (with previous PUD
*existing approved hotel building approval)
Front Setback for CG-1 :Front Setback:Yes
50 feet 98 feet
Side Setback for CG-1 :
15 feet
Side Setback Facing a
Street for CG-1 :
40 feet
Rear Setback for CG-1 :
15 feet
Side Setback:
93 feet
Side Setback Facing a
Street: 49 feet
Rear Setback:
15 feet
Yes
Yes
Yes
g/short: pud9902.cc.doc
/jn
12
L-dS
--
-- -‘-----~--‘---+~$!gfg~-,. . ..- ..--t-.- -rT .-~
Admiralty - Phase I & II 76Palm Beach Gord-
,
ROOF~--
5lH FLOOR~ -
4TH FLOOR~--
3RO FLOOR___--
2NO FLOOR___ - _-
IST FLOOR--
J-4-
25%
ti 36-c L 86’~6-
----
0 5lGNAGE ELEVATION
ADMIRALTY - PHASE iiPAlJ4 BEAa4 GARnaG FuxlDA
7DWSHtP42soUTH SECll0N12 ftANcE42EAST
project no:
97127
checked by
x
OLIVER l GL’DDEN & PARTNERS
ARCHITECTURE .INTERIOR DESIGN
May II,2000
Jim Norquest, Principal Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 334104698
Ed Oliver
John Glidden
Daniel Brown
Keith Spina
RE:Admiralty Phase II
Project No. 97147
VIA:Facsimile, 799-4281
Dear Mr. Norquest:
Pleq e find attached the revised Site Plan, Sheet SP-1 , dated 05/l O/00; Landscape Plan, Sheet L-l dated
051 &00, Paving, Grading & Drainage Plan, Sheet C-l, dated -5/10/00; Water Distribution & Sanitary
Sewer Systems Plan, Sheet C-2 dated 0511 O/00.
These drawings reflect modifications to the main entry to the project off PGA Blvd.As requested by Carl
Sabatello, further study of this area occurred in a meeting with Len Lindahl, City Engineer, yourself and
Joe Pollock and these changes were recommended.
Also, the parking count has been revised to reflect the decrease of parking at the first level driveway
connection between the existing parking structure and the proposed structure as well as the two cars
described below.
In addition, to the aforementioned revisions, minor plan changes were made to the ramp into the garage
to accommodate maximum desirable slope requirements. The limitations of the slope percentages forced
us to slightly lengthen the ramp. This added length encroached on the parking spaces adjacent to the
ramp thus causing us to delete two parking spaces on grade. This is reflected on the Site Plan and the
revised parking count. The new total parking spaces provided is 295 spaces which is still above the
required 275 spaces.
Please call if you have any questions.
Senior Partner
Enclosure
cc:Barbara Springthorpe
MH:ljg\P:\PROJECl-UtCTlV~7bIDM-712~UPPORNN~509.WPD
n
1401 FORUM WAY, SUITE 100 . WEST PALM BEACH, FL 33401 l 561-684-6841 l FAX: 561-684-6890 l E-MAIL: ogp6841 @aol.com
Lit. No. AA COO0669 l I6 0000977
OLIVER l GLIDDEN & PARTNERS
ARCHITECTURE.INTERIOR DESIGN
April 7,2000 :*. j.
4 ‘.T
:.Ed Oliver
,/ .:-.John Glidden.,i,-..Daniel Brown
Jim Norquest, Principal Planner
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410-4698
Keith Spina
RE: Admiralty Phase II
Project No. 97147
VIA: Facsimile, 799-4281
Dear Mr. Norquest:
We understand that the City is in the process of amending the parking section of the land
development regulations and that our project is subject to the prospective requirements. At the
request of Barbar Springthorpe we are providing this additional justification language for your
use:
Waiver No. 11 Parking
As shown on the submitted site plan, we are requesting approval of a three story garage
on the south eastern end of the property. This will result in an increase in the number of
provided parking spaces greater than ten percent of the required parking for this phase
of the PUD. The required number of parking spaces is 275 and with a two-level garage,
we will provide 297 parking spaces. With the optional 3rd level at the garage, we could
provide 433 parking spaces.Construction of the third level would only take place when
and if there is a prime corporate tenant that has a real and actual demand for the
additional parking.
Additionally, the originally approved project required and provided 299 spaces in the
Phase II. Therefore our total additional parking request is for only 134 additional cars
which would give us a total ratio of 5.2 per 1,000 SF - a requirement that is very common
among corporate users. Also, the previously approved garage was a 3 ‘! story garage
of 255 feet in length. Our optional 3rd level would make us only a 3 level garage of 265
feet in length. (Same width).
The property Owners are actively involved in marketing the property at this time and are
attempting to make the property as attractive as possible to prospective tenants for use
as corporate headquarters. Based on the owners’ experience, adequate parking is an
important component of a thriving commercial project and, therefore, a three-level garage
1401 FORUM WAY, SUITE 100 l WEST PALM BEACH, FL 33401 l 561-684-6841 l FAX: 561-684-6890 l E-MAIL: ogp6841GIaol.com
Lit. No. AA COO0669 l IB 0000977
Page 2
for Phase II is requested. We believe that the garage may enhance the opportunities to
attract high-end national corporations to the City of Palm Beach Gardens.
Please contact me if you have any questions or need any additional information. Thank
you.
Ve trul yours,
.
G
i’
cc:Sam Kleiner, Esq.
Al Malefatto
Barbara Springthorpe
Joseph Pollock
Frank Meroney
Timothy Messler
Gary Gottlieb
David Layman
Keith Spina
JG:ljm\project\active\9nadm-7127\support\jn-0407.ltr
City of P.E. Gardem
GREENBERG
ATTORNEYS AT LAW
Alf'rcdJ.Makf~no
56140-7908
MdcLnoA@gdaw.com
February 29,200O
VIA HAND DELIVERY
Mr. James Norquest, AICP
Principal Planner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re:Petition PUD-99-02, Admiralty II, Phase II
Dear Mr. Norquest:
As a follow-up to the February 22”’ workshop before the Planning & Zoning Board
(“P&Z), and as preparation for our public hearing before P&Z on March 14, we hereby request
the following additional waivers.
Waiver No. 9 - Simage
There is an existing wall sign on the ten-story office building. The signage program
approved for the property was adopted via Resolution 61, 1988. According to the staff
report prepared for the February P&Z workshop, the sign “was supposed to be no higher
than the second floor, but today it is above the tenth floor. Unless the applicant can
establish that the City approved this change, this sign would be considered illegal, and
would have to be removed. Another option would be for the applicant to request a waiver
as part of this application.”
A waiver is hereby requested for the foliowing reasons:
(1) the approval for the sign height above the tenth floor has not been found primarily due
to the status of the city files and the on-going relocation to the new city hall.
(2) there was code enforcement action in 1995/96 by the city against the property owner
related to unauthorized changes in some on-site signs (changes were made by a tenant
without the express permission of the property owner or city). Additionally,.a
amend the hotel signage and a PUD amendment to repaint the buildings:was
around the same time. A thorough staff review of the approved signa& for
CREENBERCTRAURIC.P.A.
P.O.80~2~629 WEST PALM BEACII.FLOR~DA~~~L~-0629
561-650-7900 FAX 561-655-6222 www.~tlaw.com
777 SOUTH FLACLER DRIVE SIJITE~OO
nq[AMr NEW YORK WASIIINCTON.D.C. ATLANTA
Sno PAULO FORTLAU~ERDALE WEST PALM
Mr. James Norquest, AICP
February 29,200O
Page 2
project took place during this period. No mention of any violation for the existing sign
above the tenth floor was made at that time. The applicant believes that if a violation
existed for the signage, it would have been brought to the attention of the property owner
during the PUD amendment process. Resolution 85, 1995 (attached) addresses only the
hotel sign changes, and the required sign changes for Admiralty Bank.
Because it is difficult to establish at this time when the City allowed the sign at the
existing height, a waiver is hereby requested.
Waiver No. 10 - Sienage
The applicant requests a waiver for the wall sign on the south facade of the proposed five-
story building. It is requested that a building identification or tenant sign be allowed at
the fifth floor level. Due to the elevation of the building and its close proximity to
Interstate I-95, a sign at the second floor level, currently allowed by code, would not be
clearly visible and would defeat the purpose of the sign.
Please incorporate these waivers into our current application. Please contact me if you
have any questions or need any additional information.
Thank vou.
Enclosure
C :c:Sam Kleiner, Esq.
Mr. John Glidden, AL4
Mr. Joseph Pollock, P.E.
Mr. Frank Meroney, ASLA
Mr. Timothy Messler, P.E.
Mr. Gary Gottlieb
David M. Layman, Esq.
Barbara Springthorpe, AICP
GAEENBERG
ATTORNEYS AT LAW
Alfred I. M&f&to
561-550-7908
MalefattoA@gtlaw.com
February 8,200O
VIA HAND DELIVERY
Mr. James Norquest, AICP
Principal Planner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Re:Petition PUD-99-02, Admiralty II, Phase II
Dear Mr. Norquest:
Attached please find eight (8) copies of our response to the staff comments discussed
during the January 27,2000, DRC meeting. The site, landscape and civil engineering plans have
been revised and will be forwarded to you under separate cover by the end of the day.
It is our understanding that this proposed development will be placed on the February 22
Planning & Zoning Board workshop agenda.Please contact me if you need any additional
information or copies in order to process this request.Thank you.
A
Enclosure
cc:Sam Kleiner, Esq.
Mr. John Glidden, AIA
Mr. Joseph Pollock, P.E.
Mr. Frank Meroney, ASLA
Mr. Timothy Messler, P.E.
Mr. Gary Gottlieb
David M. Layman, Esq.
Barbara Springthorpe, AICP
WPB/SPRR‘IGTHORPEB/255324/5hOd)l!.~O8/00/l89l0 02OCiXl
G REENBERG TRAURIG, P.A.
P.O. Box 20629 WEST PALM BEACH, FLORIDA 33416-0629
561-650-7900 F AX 561-655-6222 www.gtlaw.com
777 SOUTH FLACLER DRIVE SUITE 300 EAST WEST PALM BEACH, FLORIDA 334
M IAMI NEW YORK WASHINGTON, D.C. ATLANTA P HILADELPHIA TYSONS CORNER CHICAGO
S.&O PAULO FO R T LAUDERDALE WEST PALM BEACII ORLANDO TALLAHASSEE BOCA RATON
Sean D. Donahue, P.E. comments
We have reviewed the applicant’s responses to our previous comments: the apolicant’s
responses to the City’s memorandum: and the revised Site Plan and Landscape Plans received
on January 20. 2000. We have the following comments that are based on our December 17,
1999 memorandum;
.*10usly SatWeB,
No response necessary.
2..,lousl&Wsfie&
No response necessary.
3.Previouslv Satisfied.
No response necessary.
4.Previously Satisfied.
No response necessary.
5.Not Satisfied. The applicant is proposing g-feet wide parkina spaces. The Citv’s LDRs
eauire the standard oarkina soace to be a minimum of lo-feet wide bv l&5-feet deco
We continue to support the City’s LDR requirements. If g-feet wide spaces are accepted
by the City Council. then the spaces will be need to be double striped,
A waiver for this requirement has been requested. The applicant proposes to double-stripe the
parking spaces.
6.Previously Satisfied.
No response necessary.
7...Co-& SatlSfied. The applicant lists 3 loadina soaces in the project data table. .of the Site Plan. which meets the mrnrmum number of loadina spaces. oer LDR Section
118-569: however there are only 2 loading spaces shown on the site plan. The applicant
has reauested a waiver for the number of loadina soaces.
A waiver for this requirement has been requested. The project data table h
reflect 2 loading spaces.
The applicant will need to revise the loading spaces to include maneuvering aprons with
feet wide by 35feet long behind the loadina spaces We
recommend movrna the spaces to the north to make up the distance needed for the
Boron. The apron should be shown on the Site Plan.
The site plan has been amended to include maneuvering aprons.
..revlouslv Satisfied
No response necessary.
.ously Satisfied,
No response necessary.
11..Previous@&&xL
No response necessary.
12.Previously Satisfied.
No response necessary.
13.Previously Satisfied.
No response necessary.
14..Not Satisfied. Curbing has been added to all but one of the landscaping islands. The
Jandscaping island near the north dumpster located to the east of the existing hotel is
mrssina a curb on the Site Plan and Landscape Plans..
The site plan, landscape plan and engineering plans (sheet C-l) have been revised to reflect
the required curb.
15.Cond . .rtronally Satisfied. The applicant will need to add a note to the Site Plan tQ
describina the directional signs near the circular drive.
This note is included on the building plan, but is not on the site plan due to the scale of the site
plan.
16.The Site Plan shows a hatched layer along the entrance drive to the Phase II-Office
Burldina. The aopltcant needs to identify the entrance drive if it is to be paver bricks with
flush header curbs or remove the hatchina. This should also be reflected in the Legend
and be ~ndudbmlbd andsaw Plans,
2
The site plan legend has been amended to identify the entrance drive with paver bricks and
flush header curbs. The landscape and engineering plans have also been amended.
A waiver for the paver bricks is included below.
37.If the writ decides to use paver bricks in the entrance drive. the stop ba s must be
sed to use white paver bricks or another altermtive other than thermoplistic. If the
applicant decides not to use paver bricks. the Legend should indicate that the stop bars
-plastic and not painted,
The site plan has been amended to show that the applicant will incorporate DOT pavers for the
stop bars. No thermoplastic paints will be used in paver areas.
18.The applicant will need to add notes to explain the proposed changes to the entrance
drive off of PGA Boulevard.
See Page SP - 1 of the site plan for notes of explanation on the entrance drive changes.
The catch &ins that are shown on the Landscape Plans are in the wrona locations andlg.
some have been omitted,
The landscape plan has been amended to reflect the civil engineer’s drawings.
20.The wpe Plans show a Washington Palm that appears to be located directly on
top of a catch basing that is connected to the roof drain of the building. More specifically,
the fourth palm to the north of the building appears to be located on the catch basin.
The landscape plan has been amended to reflect the proper proposed location of the
Washingtonian Palm.
21.The Paving. Grading and Drainaae Plan received on January 20.2000 shows two catch
basins located under the ramp to the parking garaae. Messier and Associates. Inc.
submrtted a revised Paring. Gradmg and Drag
‘I in will t ffth
connection of the southern exfiltration trenches to the retention area. The plan should be
revised to show the connection in a different location.
We have revised the plans to remove the catch basins under the ramp to the garage and have
added two new catch basins west of the ramp. These new catch basins tie into the exfiltration
system and will be used as the outfall for this system.
3
22.The revised Pavina. Gradina and Drainaae Plan received on January 24. 2000 shows
I be converted to a manhole at the nodbwest comer of the reconstructed
parkina lot. The runoff direction arrows show proposed aradino towards the oroposed
manhole.
We have revised the plans to show the flow arrows pointing in the correct direction, which is
towards the inlet and not the converted inlet.
23.The Topoarap&J&p and the Boundary survey are in conflict with resoect to the swale
that borders the south side of PGA Boulevard, One mao shows two swales and a
seDarationwithle. Based on field.gbservatrons. the TogagraphIc Map appears to be correct. The applicant needs to revise
the plans to show the correct confiauration. We note that the Pavina. Gradina and
Drainage Plans are also in error,
The site plan and drainage plans have been amended to reflect the existing situation.
24.In order to clarify the issue of the turning lane off of PGA Boulevard and traffic* Iconcurrency. the Palm Beach County Traffic Engineerina Department and the Crtys
traffic consultant. MTP Group. determined that this conditions is reauired to achieve
traffic concurrencv. We will support the Countv’s condition for the turnina lane.
Attached is a copy of the letter from Daniel Weisberg, Palm Beach County Engineering
Department, confirming the turning lane is not a concurrency issue.
As discussed at the DRC meeting, the applicant may need to obtain a waiver from FDOT on the
length of the turning/deceleration lane.
25.The applicant’s response to the City’s memorandum dated Januarv 5. 2000 states that
the applicant wishes to withdraw the pcpBosed bridge in the parking aarage. The applicant will
need to remove the bridge from the Site Plan and I andscape Plan.
The site plan and landscape plan have been revised to reflect the deletion of the bridge.
4
Mark Hendrickson comments:
I have reviewed the above-referenced petition submitted January 19. 7000. The following are
mv comments and recommendations for the January 27.2000 DRC meetina;
. .As a condlt ton of the aooroval for the time extensron. I recommend that all exotic veaetation be
I!3moved from the chase two area within three (3) months. The area shall be araded and ara
seeded within four (4) months of the time extension . .app roval.The r>etltloner contrnues to aaree
to this condition.
As noted above, the applicant agrees to this condition.
The oetitioner has requested waivers from Sect. 118-213. entitled PUD Planned Unit
Develooment Districts. which reauires a 20 feet setback is required between commercial and
residential land uses to buffer the uses. and Sect. 118-279. entitled Yards. which requires a six-
foot tall wall is required between commercial and residential uses.
Staff is recommending. in addition to the proposed landscapina. a chain-link fence in-lieu of a
HalI (gates as needed) between the parking garaaes and from the eastern garaae to the l-95
fence.
The applicant has no objection to providing a chain-link fence with gates as needed in these two
areas of the site.
There are three parcels (A. B & C) that provide for connections from the Admiralty II project to
Tanalewood PUD. Parcels A and B have pavement connections to the Tanalewood PUD road
system. Ordinance 15. 1987. section 6(a) requires the parking aaraaes to be connected to the
Tanglewood Pl&I. It also states “The sa open&f-Wed off from use and
remain in such status until the Citv Council shall bv Resolution direct otherwise.”
. .Preliminarilv. staff Is rn support 0 .f the elimination of the connectton between the new gara
and the Tanalewood Aoartments site. and the removal of the existina connection between the
old garage and Tanglewood, The one-way road connection needs to have a leaal cross access
aareement &tween llragerty owners for no less than pedestrians traffic,
The owners of both the Admiralty and Tanglewood properties believe the existing surface
connection should be completely terminated, particularly since Tanglewood intends to limit
access as part of its redevelopment plans.
The proposed entrance reconfiguration has too much asphalt and would eliminate some native. .. .exrstrng veg&rtron. Please consider modtfyrna the proposal to keep the native plants and
Jessen the awbdt are&
5
The site plan has been amended to reflect this comment.
The number of existina flaa pgles would need a waiver,
Please see waiver request below.
Please provide an alternate location for art closer to a public right-of-wav,
The applicant will defer to the Art in Public Places Commission regarding placement and will
continue to maintain the option to relocate or to make a financial contribution as the situation
develops.
The required/proposed riaht turn lane off of PGA Boulevard mav involve relocatina auide wires
or utilities. which in turn mav affect some existina streetscaoe trees. Please locate on a olan
these items and double check anv potential conflicts.
Please see revised site plan.
Please be aware that staff will be aenerating a condition of aporoval that will involve the
maintenance of off-site landscaoina alona PGA Boulevard and l-95.
The applicant has no objection to this.
6
James Norquest comments (verbal during DRC meeting)
Applicant shall review all previous conditions of approval and submit the conditions to staff,
Applicant has reviewed previous conditions of approval and met with staff. We will provide the
conditions to staff on disk once the conditions have been finalized.
Is there bike parkina on-site?
Bike parking has been added. See revised site plan.
. . .Color amklencv ofed siM will be required.
Applicant agrees to change the building sign to match either the hotel sign color or the Phase I
office sign color.
If there will be two around signs. we may be limited to the same 3 tenant names on each sign,
It is the applicant’s understanding that three additional tenant names may be placed on the
proposed Phase II sign.
7
Police Department representative comments (verbal during DRC meeting)
For security purposes. fencing (with gates?) should be provided on east side of proper& along
l-95 and between the garages.
As stated above, the applicant has no objection to providing a chain-link fence with gates as
needed in these two areas of the site.
Lighting should be provided around retention area.
The applicant will provide lighting around retention area.The lighting fixtures will be
approximately two to three feet high.
Will buildina have alarm?
The building will be equipped with an alarm system.
Convex mirrors must be placed in aarage stairwells.
Applicant will provide convex mirrors in garage stairwells.
Fire Marshal comments (verbal during DRC meeting)
New fire Dumps will be reqgired for this phase of the proje&
New fire pumps will be provided for this Phase II project.
WAIVERS
The following waivers have already been submitted for staff review.
Waiver No. 1 - parking space size.
Waiver No. 2 - loading spaces.
Waiver No. 3 - 6’ high wall.
Waiver No. 4 - rear setback.
Waiver No. 5 - signage on building.
REQUEST FOR ADDITIONAL WAIVERS
Based on the applicant’s recent discussions with staff, and the comments received at DRC
meetings, the following additional waivers are requested.
Waiver No. 6 - Plat
As discussed during the DRC meetings, it is likely that a boundary plat with easements will be
required as a condition of approval.It is the applicant’s understanding from the last DRC
meeting that Section 114-36.(c)of the existing subdivision code is undergoing review at this time
for possible amendments. This section of the code currently requires that boundary plats be
recorded prior to the issuance of the certificate of occupancy (“CO”). It is possible that this
section will be amended in the near future to require that boundary plats be recorded prior to
building permit issuance.
The applicant, therefore, requests a waiver to record the boundary plat prior to the issuance of
the CO, in the event that the code is changed during the approval process for this PUD. It is
the applicant’s intent to commence the platting process shortly, but as a precaution, we would
like to have the assurance that the boundary plat may be recorded prior to CO issuance.
Waiver No. 7 - Pavers
The code does not allow for unit pavers.The applicant would like to have colored concrete
pavers in the driveways, as shown on the proposed site plan. These pavers will be similar to the
existing pavers in Phase I.
Waiver No. 8 - Number of Flaa Poles
Currently there exists four (4) flagpoles on the property. A maximum of three (3) poles are
allowed (Section 1 lo-2.b). The applicant requests that it be allowed to continue to have the
four flagpoles.
bWW.SPUINGTNORPEBR 5J6J2/5fpco1I.WCR/08/00/18910.02owo
10
June5,2000
ORDINANCE 14,200O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF THE APPLICATION OF PALM BEACH
HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
FOR AN AMENDMENT OF A PREVIOUSLY APPROVED
PLANNED UNIT DEVELOPMENT LOCATED AT THE
SOUTHWEST CORNER OF PGA BOULEVARD AND
INTERSTATE HIGHWAY 95, AS MORE PARTICULARLY
DESCRIBED HEREIN, BY APPROVING AN INCREASE IN
SQUARE FOOTAGE IN THE PHASE 2 OFFICE BUILDING
FROM 82,265 TO 82,389 AND A REDUCTION IN HEIGHT
FROM TEN STORIES TO FIVE STORIES, AND ALLOWING
THE PERMITTED PHASE 2 PARKING STRUCTURE TO
HAVE AN OPTIONAL THIRD FLOOR; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
from Palm Beach Hotel and Office Building Limited Partnership for approval
of an amendment to a previously approved planned unit development
located at the southwest corner of PGA Boulevard and Interstate Highway
95, in order to construct an 82,389 square foot office building and add an
optional third floor to the previously-approved parking structure on the 12.5
acre site, as more particularly described in Exhibit “A” attached hereto; and
WHEREAS, the 125acre “Admiralty II” site is currently zoned
General Commercial (CG-1) with a Planned Unit Development (PUD)
overlay; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is consistent with the
City’s Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the amendment of the planned unit development (PUD) known
as “Admiralty II”; and
1
WHEREAS, the City’s Planning and Zoning Commission has
reviewed said application and recommended that it be approved with certain
waivers and subject to certain conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby approves an amendment to the “Admiralty II” PUD located at
the southwest corner of PGA Boulevard and Interstate Highway 95, as more
particularly described in Exhibit “A” attached hereto and incorporated herein
by this reference.
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions which shall be the responsibility of the applicant, its
successors or assigns:
1. All conditions of approval from all previous ordinances and
resolutions relating to this PUD are still in full force and effect
unless specifically modified or deleted herein. (Development
Compliance)
2.The sign colors on the new building shall match the sign colors
on the existing office building (dark bronze). (Development
Compliance)
3.No medical or dental office use shall be allowed in this project.
(Planning )
4.Within three months of final approval of this development order,
the applicant shall remove all exotic vegetation from Phase 2.
The area shall be graded, sodded or sown with grass seed, and
maintained until the commencement of construction. (City
Forester)
5. The applicant shall be responsible for maintenance of the
landscaping along PGA Boulevard and the l-95 on-ramp. (Public
Works)
6.This project shall be platted prior to the issuance of any building
permit. (Engineering, Building)
7.This project shall return to the Planning & Zoning Commission
and the City Council as a miscellaneous petition for the approval
of the text of its signage. (Planning)
8.The vehicular connection points in the parking garages between
this project and Tanglewood may be eliminated. The existing
ground level vehicular connection point west of the parking
2
garage shall be expanded to allow two-way vehicular traffic,
including proper signage and pavement marking to foster safe
pedestrian and bicycle use, at the request of the City.
(Engineering, Planning)
9.This project’s buildout date is December 31,2001, as referenced
in the traffic analysis.For purposes of this condition, the project
shall be considered built out if all building permits have been
issued and the applicant is actively engaged in the development
of the site. (Development Compliance)
SECTION 3. The following waivers are hereby granted with this
approval:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Specialty pavers currently not allowed by right, to be allowed in
selected areas.
Sec. 118-475 (a), Parking Stall and Bay Dimensions, which
requires 10’ wide parking spaces, to allow 9’ wide parking
spaces.
Sec. 118569,Number of Loading Spaces Required, which
requires three for this use, to allow two.
Sec. 118-213(h), Planned Unit Development Setbacks Required,
which requires 20’ setback on the south side, to allow a 15’
setback.
Sec. 118-279(h), Yards, which requires a 6’ wall or fence on the
south side on south side, to eliminate this requirement along the
south side of the parking garages.
Sec. 110-2(b), General Regulations and Restrictions and
Prohibitions, which allows a maximum of three flagpoles, to allow
four.
Sec. 110-37(b), Flat/wall Signs, which limits building signs to
below fourth floor line, to allow a sign at the top of the building,
which is above the fifth floor. (north side of building)
Signage on existing office building; according to this project’s
approved signage plan, this building was to have a sign at the
second floor level. Today the sign is above the tenth floor
Sec. 110-37(b), Flat/wall Signs, which limits projects to one
building sign, to allow a second building sign at the top of the
building. (south side of building)
lO.Sec. 140(d)(l) (new code) Required Parking, which limits
applicants to a maximum of 10% over code required parking, to
allow up to 58% over code required parking for Phase 2.
SECTION 4. Construction of the Planned Unit Development shall be
in compliance with the following plans on file with the City’s Growth
Management Department:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
May 10, 2000 Site Plan, Oliver Glidden & Partners, (1 sheet)
February 21, 2000 Floor Plans & Sections, Oliver Glidden & Partners,
(1 sheet)
March 10, 2000 Roof & Garage Plan, Oliver Glidden & Partners, (1
sheet)
February 21, 2000 Elevations, North/South/East/West, Oliver Glidden
& Partners, (1 sheet)
February 21, 2000 Garage Roof Plan & Elevations, Oliver Glidden &
Partners, (2 sheets)
February 21, 2000 Photometric Plan, Oliver Glidden & Partners, (1
sheet)
May 11, 2000 Landscape Plans, Environmental Design Group, (2
sheets)
May II, 2000 Plant List & Details, Environmental Design Group, (1
sheet)
March 24, 1999 Topographic Map, Robert E. Owen & Associates, (1
sheet)
January 20, 1999 Boundary Survey, Robert E. Owen & Associates,
(1 sheet)
May 10, 2000 Paving Grading & Drainage Plan, Messler & Associates,
(1 sheet)
May 10, 2000 Water Distribution & Sanitary Sewer Systems Plan,
Messler & Associates, (1 sheet)
SECTION 5. If any section, paragraph, sentence, clause, phrase, or
word of this Ordinance is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of the Ordinance.
SECTION 6. All ordinances or parts of ordinances of the City of Palm
Beach Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 7. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 17’ DAY OF April 2000.
PLACED ON SECOND READING THIS -DAY OF 200 --
PASSED AND ADOPTED THIS -DAY OF 200--
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST BY:
CAROL GOLD CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE:AYE ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
/jn
gkhottpud9902.or.doc
LEGAL DESCRIPTION
( OF OVERALL PARCEL)
Commencing at the Northwest corner of the Northeast l/4 of Section 12.Township 42 South, Range 42 East. Polm Beach
County, Florida; thence South 01’59’11” West along the west line of the said Northeast l/4 said line also being the
centertine of Military Trail. o distance of 506.75 feet: thence South 88’05’40” East, o distance of 329.84 feet to the
Point of Beginning of the herein described parcel; thence North 01’53’27’ East. o distance of 446.41 feet to a point on
the Southerly right-of-way line of P.G.A. Boulevard (State Rood 786); thence North 68’45’22’ East along said Southerly
right-of-way line, a distance of 628.76 feet to a point on the Westerly right-of-way line of Interstate 95 (State Rood
9); thence South 66’22’27” East along said Westerly right-of-way line.o distance of 71.84 feet; thence South 35’24’55”
East along said Westerly right-of-way. o distance of 838.41 feet; thence North 88’06’27” West, o distance 178.06 feet;
thence South 01’53’33” West, o distance of 5.00 feet: thence North 88’06’27” West, o distance of 60.00 feet; thence
North 01’53’33” East, Q distance of 5.00 feet, thence North 88’06’27” West. CI distance of 615.00 feet; thence South
01’53’33” North, a distance of 5.00 feet; thence North 88’06’27” West, o distance of 60.00 feet; thence North 01’53’33”
East. a distance of 5.00 feet; thence North 88’06’27” West, D distance of 147.00 feet; thence’ South 01’53’33” West, 0
distance of 5.00 feet; thence North 88’06’27” West, o distance of 60.00 feet; thence North 01’53’33” East, o distance of
5.00 feet; thence South 88’06’27” East. o distance of 33.00 feet to the Point of Beginning.
ADMIRALTY II DESCRIPTION
As Furnished
PARCEL I
All of that certain parcel of land in the Southwest l/4 of the Southeast l/4 of Section 1. Township 42 South, Range 42
East. Palm Beach County, Florida. lying southwesterly. southerly. and southeasterly of the right-of-way of State Rood 9
and State Rood 786 OS described in deeds to the State of Florid0 recorded in Official Records Book 1530, Poge 447 and
Official Records Book 1676, Page 1738, of the Public Records of Palm Beach County. Florida.
PARCEL II
All of that certain parcel of land in the Northeast l/4 of Section 12. Township 42 South, Range 42 East, Palm Beach
County, Florida. lying northerly of o line 825 feet North of the South line of the North l/2 of the Northeast l/4 of
said Section 12. ond lying southwesterly of the southwesterly right-of-way line of Stote Rood 9 as described in deeds to
the State of Florida recorded in Official Records Book 1223, Page 151 and Official Records Book 1291. Page 159 of the
Public Records of Palm Beach County, Florida; LESS AND EXCEPTING THEREFROM that portion thereof lying westerly of the
easterly line of the land described in the Warranty Deed recorded December 8.1977, in Official Records Book 2777, ot
Page 715. of the Public Records of Palm Beach County; and ALSO LESS AND EXCEPTING THEREFROM the right-of-way for :
Road 786 OS described in deeds to the State of Florida recorded in Officio1 Records Book 1530. Page 448 and Official
Records Book 1676, Page 1738 of the Public Records of Palm Beach County, Florida.
TOGETHER WITH
( the following three Parcels)
Commencing at the point of intersection of the easterly right-of-way line of Military Trail (60’ East of the centerline
of Military Troil) and the northerly right-of-way line of Johnson Dairy Rood; thence North 01’59’11” East along the
easterly right-of-way of Military Trail (said easterly right-of-way) is assumed to bear North 01’59’11” East and all
other bearings ore relative thereto), (1 distance of 800.00 feet; thence South 88’07’09’ East along the North tine of the
South 825.00 feet of the North one-half of the Northeast one quarter of said Section 12. Q distance of ‘303.00 feet to a
point hereinafter known as POINT OF BEGINNING for Parcel “A”; thence continue South 88’07’09” East. a distance of 207.00
feet to a point hereinafter known as POINT OF BEGlNNtNG for Parcel “B’:thence continue South 88’07’097 East, a distance
of 675.00 feet to the POINT OF BEGINNING for Parcel ‘C”; thence South 01’52’51 West, o distance of 5.00 feet; thence
South 88‘07’09” East, o distance of 60.00 feet; thence North 01’52’51” East. a distance of 5.00 feet; thence North
88’07’09’ West, a distance of 60.00 feet to the POINT OF BEGlNNtNG for Parcel ‘C”; thence return to the POINT OF
BEGINNING for Parcel “A” and run South 01’52’51” West, o distance of 5.00 feet; thence South 88’07’09’ East. a distance
of 60.00 feet; thence North 01’52’51” East. o distance of 5.00 feet: thence North 88’07’09’ West, a distance of 60.00
feet to the POINT OF BEGINNING for Parcel -A”; thence return to the POINT OF BEGINNING for Parcel ‘B” and run South
01’52’51” West, o distance of 5.00 feet; thence South 88’07’09” East. o distance of 60.00 feet; thence North 01’52’51’
East. o distance of 5.00 feet; thence North 88’07’09” West, o distance of 60.00 feet to the POINT OF BEGINNING for
Parcel ‘B”.
EASEMENT TO MILITARY TRAIL
(ORB 5567 Page 1380)
A 28.00 foot wide ingress/egress easement lying in the North one half of the Northeast one quarter of Section 12,
Township 42 South, Range 42 East, Palm Beach County, Florido. being more particularly described as follows:
COMMENCING at a point on the North-South Quarter section line of said Section 12. 825 feet North of the South tine of
the North half of the Northeast quarter; thence South 88’08’55’ East, o distance of 60.00 feet to o point on the
easterly right-of-way of Military Trail; thence North 01’57’25” East along said easterly right-of-way, o distance of
175.00 feet to POINT OF BEGINNING of a 28.00 foot wide ingress/egress easement lying 14 foot either side of the
following described centerline:From the POINT OF BEGINNING run South 88’08’55” East, o distance of 269.68 feet more or
less to a point on the easterly line of property described in O.R.B. 2777. Page 715. Public Records of Palm Beach County
and the terminus of this easement. The side lines of said easement ore lengthened or shortened to intersect the
property lines.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 15,200O
Date Prepared: May 24,200O
Subject/Agenda Item:
Continued Public Hearing/Second Reading: Ordinance 11, 1999 - City Centre Parcel F
Amendment.
Recommendation/Motion:
Staff recommends aooroval of Ordinance 11. 1999.
Originating Dept.:
Growth Management
costs: $
Total -r
Finance NA
ACM
Human Res. NA
Other NA Advertised:
Date: 4/l 9100
I
Paper: Palm Beach
Post
Submitted by:[ ] Not Required
$-
Current FY
Funding Source:
[ ] Operating
[ ] Other
[] Approved wl conditions
[ ] Denied
[] Continued to:
Attachments:
Ordinance 11, 1999
Ordinance 26. 1998
Ordinance 15, 1997
Location Map
Site Plan
Section of former Site
Plan
City Engineer Comments
Copies of Minutes
Police Dept. Memo
Letter dated May 16,
2000
Growth Management Director Affected parties
I
Budget Acct.#::
I
Approved by:[ X ] Notified [ ] None
City Manager [ ] Not required
I -
REQUEST
Ordinance 11, 1999 is a request by Anthony E. Oliver of Oliver Glidden & Partners, Inc.,
agent for P.G. Partners, for approval of an amendment to the existing Planned Unit
Development (PUD) known as “City Centre”, located at the southwest corner of the
intersection of PGA Boulevard and U.S. Highway One; to amend Ordinance 15, 1997; to
revise the approved master plan for Parcel F, to include the following changes: to reduce
the building height from 11 stories to 6; to slightly change the design of the building; to
revise the parking area around the building; to eliminate the right turn only exit onto Ellison
City Council
Meeting Date: June 15,200O
Date Prepared: May 24,200O
Petition PUD-98-07
Wilson Road; to add 2 drive-through lanes on the south side of the building; to reduce the
size of the parking garage; to revise the approved landscape plan; to revise the approved
master phasing plan; to revise the approved elevations; to revise the approved floor plans;
and to revise the approved parking garage plan. (04-42S-43E)
BACKGROUND
This site was approved as a PUD by Ordinance 15, 1997. This PUD was approved for
228,790 square feet of office, retail, bank, and restaurant space. Ordinance 26, 1998
granted the waiver from the requirements of Section 118-28O(g)(14), that require
underground utilities to be used within the PGA Corridor Overlay District, thereby permitting
over-head electrical lines along the east side of Ellison Wilson Road south of PGA
Boulevard. The applicant has completed construction and received final certificates of
occupancy for the buildings on Parcels A, B, C, D, and E, and is now ready to start
construction on Parcel F.
REVIEW PROCESS
This is a request for an amendment to a site plan within a PUD. The site plan request is
reviewed by the Development Review Committee, who forwards comments and
recommendations to the Planning and Zoning Commission. After review of the proposed
PUD at a workshop meeting, the Planning and Zoning Commission shall schedule a public
hearing for which the applicant shall provide proper notice to surrounding property owners.
At this meeting, the Planning and Zoning Commission shall prepare a record of the
proceedings and transmit them to the City Council, along with their recommendation. The
City Council shall hold a public hearing after giving due public notice. The City Council
reviews the request for a PUD amendment for consideration of approval, approval with
conditions, or denial.
PROJECT DETAILS-.
Below is a list of changes that the applicant is proposing to Parcel F:
+Reduce the approved 135,000 square foot , 11 -story building to a 75,000 square
foot, 6-story building.
+Two drive-up tellers have been added to the south side of the building.
+A minor change in the design of the building (please see attached copy of the
previously approved plan)
+The parking area around the building has been amended.
+The right turn lane onto Ellison Wilson Road has been eliminated (the main
entrance has not changed).
2
City Council
Meeting Date: June 15,200O
Date Prepared: May 24.2000
Petition PUD88-07
The building materials and colors, including the windows, have been slightly altered to
match the existing buildings
Please see Table A and Table B on pages 8 and 9 for code compliance and site analysis.
PGA CORRIDOR OVERLAY
The proposed amendment complies with the PGA Corridor Overlay code requirements
(Section 118-280) except for Section 118-28O(g)(14), that requires “All new, reconstructed,
and/or relocated utilities within the PGA Boulevard corridor, including but not limited to
electric, telephone and television cable, shall be placed underground.” However, the site
received a waiver from this requirement on February 18, 1999 with the passage of
Ordinance 26, 1998, thereby permitting over-head electrical lines along the east side of
Ellison Wilson Road south of PGA Boulevard.
DEPARTMENTAL COMMENTS
Building
Building Official Jack Hanson reviewed the plans and stated that the building is only
permitted one project identification wall sign. Furthermore, the two proposed tenant wall
signs are not permitted by code because no tenant in the building has an entrance that is
directly accessible to the exterior of the building, and both signs are above the second floor
line. Waivers for the second project identification sign (facing the interior of the site), the
existence of the two tenant signs, and the height of the tenant signs will have to be
approved through the PUD amendment process.
Enqineetinq
Assistant City Engineer Tammy Jacobs has reviewed the revised plans and has
recommended approval with two conditions (see below).
City Forester
Mr. Hendrickson has reviewed the plans and has no further concerns.
Fire Department
The Fire Department did not have any further concerns about access.
Police Department
Officer Gwen Fleming made some comments at the November 3, 1998 Development
Review Committee meeting. Most of her concerns were about lighting and safety in the
parking garage. In addition, the Police Department has suggested a glass elevator in the
parking garage to provide more security.
3
City Council
Meeting Date: June 15,200O
Date Prepared: May 24,200O
Petition PUD-9867
Utility AuthoritySeacoast
Seacoast Utility Authority has no further concerns.
PLANNING AND ZONING COMMISSION MEETINGS
The petition was reviewed by the Planning & Zoning Commission on November 10, 1998
and January 12,1999. The Commission members recommended approval of the petition
with a 7-O vote with six conditions:
(NOTE: The applicant has since satisfied numbers 1 - 5 of the conditions of approval
recommended by the Planning & Zoning Commission.)
1.
2.
3.
4.
5.
6.
Prior to scheduling for a City Council meeting, the applicant shall revise the Parcel
F Elevations, Sheet F.3, removing the proposed lettering on the awning.
(Planning & Zoning)
Prior to scheduling for a City Council meeting, the applicant shall depict existing
water and sewer lines and utility easements on the site plans and landscape plans.
(Planning & Zoning)
Prior to scheduling for a City Council meeting, the applicant shall add horizontal
control, lane widths and radii to the “one-way” drive aisle and drive-through lanes.
The applicant shall also cite the standards, which the 8’ drive-through lanes are
based upon. (City Engineer)
Prior to scheduling for a City Council meeting, the applicant shall revise the
landscape plans to show the same landscape treatment around the FP&L poles
south of the Ellison Wilson Road entrance as is occurring north of the entrance.
(City Forester)
Prior-to scheduling for a City Council meeting, the applicant shall revise the
landscape plans to show increased landscaping around the base of the building
similar to what was approved for Parcel F in the original approval (Ordinance 15,
1997) (City Forester)
Prior to the issuance of the building permit for Parcel F, the applicant shall submit
the balance of the $125,000.00 representing the applicant’s contribution toward the
six-lane improvements on PGA Boulevard between U.S. 1 and Ellison Wilson Road
per Ordinance 15, 1997, Section 2, Number 7. The applicant has posted a letter of
credit in the amount of $14,344.25 for Parcel E and $18,442.61 for Parcel D.
Therefore the balance for Parcel F is $92,213.14. (City Engineer)
4
Since the January 12, 1999 Planning and Zoning meeting, the applicant resubmitted the
requested plans, which have been reviewed by the City Engineer.The City Engineer has
added the condition of approval regarding the drive-through lanes (see Staff
Recommendation on page 4 of this report).
CITY COUNCIL MEETING
This petition was before the City Council for a Workshop/First Reading on February 18,
1999. The petition was approved on First Reading. Mayor Russo was concerned about
the height of the building identification sign on the office building. Staff found that the
approved sign package does ainclude building identification or tenant signs on the multi-
story office building.
Staff has reviewed the previous City Council meeting minutes and files on this project and
has found the following items:
+The City Council members strongly objected to the building
identification sign being above the fourth floor level at every meeting
that the location was discussed.
+According to the March 20, 1997 meeting tapes, the applicant had
revised the plans so that there were no signs above the fourth floor
level.
+The approved plans show a “Future Tenant Sign” area located at the
roof line (of the 1 l-story building). These plans were listed as an
exhibit in Ordinance 15, 1997.
+The actual sign package was not approved by Ordinance 15,1997.
+The sign package was approved by Ordinance 26,1997 and included
colors and graphics, but did not mention building identification or
tenant sign locations.
After reviewing the above, staff reviewed the sign code to research whether or not it
specifically prohibits building identification signs above the fourth floor line.In Section 1 IO-
37(b), as amended by Ordinance 25, 1999, it states in part:
The total area of the sign face shall not exceed 90 square feet. Sign letters shall
be no larger than 36 inches in height. Signs shall not be located more than three
feet above the fourth floor line or above the building parapet.
The code also restricts tenant signs, by stating that these shall not be above the second
floor line elevation or the top of the parapet of a one-story building.
In addition, the Council members requested that the applicant provide a sidewalk on the
City Council
Meeting Date: June i&2000
Date Prepared: May 24,200O
Petition PUD-98-07
south side of the site, behind the parking garage. The applicant has revised the plans in
response. The City Engineer has reviewed the change and has no concerns.
At the April 8, 1999 City Council meeting the applicant indicated that because a favorable
outcome regarding their petition (specifically on the signage question) did not appear to be
imminent, they would prefer to withdraw their petition. On February 7, 2000, however, Staff
received a letter from the applicant indicating that they had meant to postpone, not
withdraw, and requesting that this petition again be heard by City Council. The applicant
stated that their proposed petition would not be altered from that heard at the April 8, 1999
City Council meeting.
This petition was originally scheduled for the June 1, 2000 City Council meeting, but the
applicant revised the elevations to include two project identifications wall signs and two
tenant wall signs.Because of the time required for Staff to review these signs, the
applicant requested to continue the public hearing to the June 15, 2000 City Council
meeting; Staff supported this continuance.
The applicant has located the project identification wall sign at a level that does not exceed
the maximum code permitted height, however, a second project sign facing the interior of
the site is not permitted by code. The tenant wall signs are also not permitted because a
tenant wall sign is only permissible if the business with the sign is directly accessible from
the entrance, and not “located off of common lobbies, interior ground floor hallways or on
floors above the ground floor” (Ordinance 25, 1999). The tenant wall signs are also located
above the code permitted second floor line. The applicant is requesting waivers for these
signs (see attached letter dated May 16,200O).
The standard condition of approval regarding the securing of a “Seacoast Utility Authority
Capacity Allocation Commitment for Public Water and/or Sewer Service” has also been
added.
RECOMMENDATION
Staff recommends approval of Ordinance 11, 1999 with 4 conditions of approval as listed
below:
1.
2.
3.
The 15 conditions of development as set forth in Ordinance 15, 1997 shall remain
in full force and effect. (Planning & Zoning)
Prior to construction plan approval for Parcel F, the applicant shall revise the 8-foot
drive-through lanes to a minimum 10 feet wide. The 1 O-foot minimum lanes are
based on the PBC Site Development Standards, Article 7. (City Engineer)
Prior to the issuance of the building permit for Parcel F, the applicant shall submit
$91,925.81, which is the balance of the $125,000.00 representing the applicant’s
contribution toward the six-lane improvements on PGA Boulevard between U.S. 1
6
City Council
Meeting Date: June 15,200O
Date Prepared: May 24,200O
Petition PUD-98-07
4.
5.
and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7.
(City Engineer)
Prior to construction plan approval, lighting and photometrics shall be submitted for
all exterior lighting elements including, but not limited to, building security lighting,
landscape highlighting, parking garage lighting, Porte cochere or canopy lighting,
signage backlighting or uplighting, etc., as well as the parking lot lighting. No
exterior lighting shall be permitted unless it is approved herein or is subsequently
approved administratively. (Planning & Zoning)
Upon approval of the development order, the applicant shall secure a “Seacoast
Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer
Service,” which shall be verified by the delivery of a fully executed copy of the
document to the Planning & Zoning Division within 30 days of granting of the
development order. (Planning & Zoning)
Based on the review of the applicant’s justification statements for the sign waivers
(described on the previous page), and the City’s attempts to eliminate
nonconforming signs throughout the City, Staff can not recommend approval of
these sign waivers.
7
City Council
Meeting Date: June 15.2000
Date Prepared: May 24,200O
Petition PUD-9847
TABLE A
SITE ANALYSIS
Subject Property:
City Centre Planned Unit
Development
Commercial w/PUD overlay
CGI
Commercial
C
North:
Palm Beach County
Residential
Residential Medium
RM
Residential Medium
RM
South:
Village of North Palm
Beach
Commercial
General Commercial
CGI
Commercial
C
East:
Commercial (consisting of
Professional office)
General Commercial
CGI
West:
Vacant
General Commercial
CGI
Commercial
C
Commercial
C
-.
8
City Council
Meeting Date: June 15,200O
Date Prepared: May 24,200O
Petition PUD-9847
I*‘. j”’
Code Requirement Proposed Plan
CGI - General Commercial CGl _ General Commercial
Front Setback: 20’ min.I Parking Garage: 42’
I Parking Garage: 34’
I Parking Garage: 43’
Side Setback: 15’ min.
Rear Setback: 15’ min.
Parking Required: Office -.192 Parking Garage Spaces
1 space/300 square feet:89 Surface Parking Spaces
70,500/300 =235 spaces 281 Total
Parking Required: Bank
1 space/250 square feet
4,500/250 = 18 spaces
235+18=253spaces
total
Handicap Parking Required:
7 spaces
7 Spaces
Open Space Required: 15%
min.
32.57%
Building Height: 36’
Building Lot Coverage: 35%
max.
16.43%
Consistent?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Originally approved by City
Council for 167’ 8
Yes
gljohn: pud9807xc7
9
Ordinance 11,1999
Meeting Date: June 15,200O
Date Prepared: May 24,200O
Petition PUD-98-07
ORDINANCE II,1999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE EXISTING PLANNED UNIT
DEVELOPMENT KNOWN AS “CITY CENTRE”, LOCATED
AT THE INTERSECTION OF PGA BOULEVARD AND U.S.
HIGHWAY ONE ON THE SOUTH SIDE OF PGA
BOULEVARD; TO AMEND ORDINANCE 15, 1997 TO
REVISE THE APPROVED MASTER PLAN FOR PARCEL F;
TO REDUCE THE BUILDING HEIGHT FROM 11 STORIES
TO 6; TO SLIGHTLY CHANGE THE DESIGN OF THE
BUILDING; TO REVISE THE PARKING AREA AROUND THE
BUILDING; TO ELIMINATE THE RIGHT TURN ONLY EXIT
ONTO ELLISON WILSON ROAD; TO ADD 2 DRIVE-
THROUGH LANES; TO REDUCE THE SIZE OF THE
PARKING GARAGE; TO REVISE THE APPROVED
LANDSCAPE PLAN; TO REVISE THE APPROVED MASTER
PHASING PLAN;TO REVISE THE APPROVED
ELEVATIONS; TO REVISE THE APPROVED FLOOR
PLANS; AND TO REVISE THE APPROVED PARKING
GARAGE PLANS; PROVIDING FOR CONDITIONS OF
APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR
SEVERABILIN; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received a petition from P.G. Partners, for approval of an
amendment to the existing Planned Unit Development known as “City Centre”, located at
the intersection of PGA Boulevard and U.S. Highway One on the south side of PGA
Boulevard; to .amend Ordinance 15, 1997; to revise the approved master plan for Parcel
F; to reduce the building height from 11 stories to 6; to slightly change the design of the
building; to revise the parking area around the building; to eliminate the right turn only exit
onto Ellison Wilson Road; to add 2 drive-through lanes; to reduce the size of the parking
garage; to revise the approved landscape plan; to revise the approved master phasing
plan; to revise the approved elevations; to revise the approved floor plans; and to revise
the approved parking garage plan; and
WHEREAS, City Centre was approved as a Planned Unit Development by
Ordinance 15, 1997; and
WHEREAS, the petition is consistent with the City’s Comprehensive Plan and Land
Development Regulations.
10
Ordinance 11.1999
Meeting Date: June 15.2000
Date Prepared: May 24.2000
Petition PUD-9847
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves the amendment to the existing Planned Unit Development known as “City
Centre”, located at the intersection of PGA Boulevard and U.S. Highway One on the south
side of PGA Boulevard; to amend Ordinance 15, 1997; to revise the approved master plan
for Parcel F; to reduce the building height from 11 stories to 6; to slightly change the design
of the building; to revise the parking area around the building; to eliminate the right turn
only exit onto Ellison Wilson Road; to add 2 drive-through lanes; to reduce the size of the
parking garage; to revise the approved landscape plan; to revise the approved master
phasing plan; to revise the approved elevations; to revise the approved floor plans; and to
revise the approved parking garage plan.
SECTION 2. Said Planned Unit Development is approved subject to the following
conditions which shall be the responsibility of the applicant, its successors and/or assigns:
1.
2.
3.
4.
5.
The 15 conditions of development as set forth in Ordinance 15, 1997 shall remain
in full force and effect. (Planning & Zoning)
Prior to the issuance of the building permit for Parcel F, the applicant shall submit
$91,925.81, which is the balance of the $125,000.00 representing the applicant’s
contribution toward the six-lane improvements on PGA Boulevard between U.S. 1
and Ellison Wilson Road per Ordinance 15, 1997, Section 2, Number 7.
(City Engineer)
Prior to construction plan approval for Parcel F, the applicant shall revise the 8-foot
drive-through lanes to a minimum 10 feet wide. (City Engineer)
Prior to construction plan approval, lighting and photometrics shall be submitted for
all exterior lighting elements including, but not limited to, building security lighting,
landscape highlighting, parking garage lighting, Porte cochere or canopy lighting,
signage backlighting or uplighting, etc., as well as the parking lot lighting. No
exterior lighting shall be permitted unless it is approved herein or is subsequently
approved administratively. (City Engineer)
Upon approval of the development order, the applicant shall secure a “Seacoast
Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer
Service,” which shall be verified by the delivery of a fully executed copy of the
document to the Planning & Zoning Division within 30 days of granting of the
development order. (Planning & Zoning)
SECTION 3. The following waivers are hereby granted with this approval:
1.Flat/wall signs - Section 110-37(a), which allows a maximum of one flat/wall
sign for identification for a building located on a site which has at least 100 feet
of property line on the public right-of-way, to allow for two project identification
11
Ordinance 11,1999
Meeting Date: June 15,200O
Date Prepared: May 24,200O
Petition PUD-98-07
2.
3.
wall signs.
Flat/wall signs -Section 110.37( c ), which does not permit tenant signage if
the tenant’s space is not directly accessible from the exterior of the building at
ground level (Section 110.1 defines “directly accessible” as “having an
entrance from any . ..space directly to the exterior of a building.Spaces
located off of common lobbies, interior ground floor hallways or on floors above
the ground floor shall not be considered directly accessible to the exterior of
a building.“), to allow for two tenant wall signs at the two entrances to the
building.
Flat/wall signs -Section 1 IO-37 ( c ), which does not permit tenant signage
above the second floor line or tip of the parapet of a one-story building, to
allow two tenant wall signs to be located below the third floor line.
SECTION 4. Construction of the Planned Unit Development shall be in compliance
with the following plans on file with the City’s Growth Management Department. These
plans shall supercede plans with the same title approved by Ordinance 15, 1997 (all other
plans remain unchanged):
1.
2.
3.
4.
5.
6.
7.
.-
8.
March 3, 1999 Master Plan by Oliver Glidden & Partners, Sheet SPI.
December 7, 1998 Master Plan Phasing Plan by Oliver Glidden & Partners,
Sheet SPPH.
December 7, 1998 Parcel F Parking Garage Plans and Elevations by Oliver
Glidden & Partners, Sheet F.l .
December 7, 1998 Office Building Floor Plans by Oliver Glidden & Partners,
Sheet F.2.
May IO,2000 Parcel F Office Elevations by Oliver Glidden & Partners, Sheet
F.3
December 18, 1998 Parking Garage Photometrics by Oliver Glidden &
Partners, Sheet F.4.
January 27, 1999, Landscape Plan by Oliver Glidden & Partners/Urban
-Design Studio, Sheet L-l.
October 16, 1998, Landscape Plan by Oliver Glidden & Partners/Urban
Design Studio, Sheet L-2.
SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach
Gardens, Florida, which are in conflict with this Ordinance are hereby repealed.
SECTION 7. This Ordinance shall be effective upon adoption.
12
Ordinance 11,1999
Meeting Date: June 15.2000
Date Prepared: May 24,200O
Petition PUD-9807
PLACED ON FIRST READING THIS 18h DAY OF February ) 1999
PLACE ON SECOND READING THIS DAY OF ,200o.
PASSED AND ADOPTED THIS THE DAY OF ,200o.
MAYOR JOSEPH RUSSO COUNCILMAN CARL SABATELLO
VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
ATTEST:
CAROL GOLD
CITY CLERK
BY:
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
_CITY ATTORNEY
VOTE:AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMAN SABATELLO -
COUNCILWOMAN FURTADO
COUNCILMAN CLARK - - -
gijohn: pud9807.ccB
13
February l I, 1999
ORDINANCE 26.1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 15, 1997,
WHICH APPROVED A PUDILANDSCAFE PLAN FOR CITY CENTRE,.
FORMERLY KNOWN AS OAKBROOK CENTER GENERALLY LOCATED
AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND ELLISON
WILSON ROAD, BY APPROVING A WAIVER TO SECTION 118-280 (g)
(14), ENTITLED ‘BUILDING DESIGN GUIDELINES” = UNDERGROUND
UTILITIES” AND BY AMENDING THE LANDSCAPE PLAN; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLiCT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Cii Council approved the construction Of 228,790 square feet of
off&, retail, bank, and restaurant space by adoption of- Ordinance 15, 1997, which
amended Ordinance 25, 1986 approving a Planned Unit Development at the southeast
comer of PGA Boulevard and Ellison Wilson .Road;
WHEREAS, an application has been submitted by P.G. Partners requesting a
waiver to the PGA Boulevard corridor overlay, Section 118-280 (g) (14), which would allow
over-head electrical lines along Ellison Wilson Road, and amending Ordinance 15, 1997
by amending the landscape plans; and
--a
WHEREAS, the City’s Growth Management Department has reviewed this
application and has determined that the specific improvements provided by,the proposed
petition are consistent with the Ciis Comprehensive plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section I,The City Council of Palm Beach Gardens hereby grants approval of the
waiver to Section 118-280 (g) (14) to allow overhead powerlines to remain within the PGA
Boulevard Corridor Overlay, specially, seven (7) power poles located along the east side
of Ellison Wilson Road south of PGA Boulevard.
Section 2,The City Council of Palm Beach Gardens hereby approves an amendment
to Ordinance 15, 1997 to amend the approved landscape plan for City Centre.
Section 3,Said amendment to the landscape plan shall be consistent with plans on file
with th City’s Growth Management Department as follows:/e -
1.January 19, 1999 Cii Centre Plant List by $Iliver-Glidden & -Parme+,
prepared by Jay Bridge dated l/20/99.Sheets L-I and L-2.
2.
3.
Section 4,
Section 5,
1.
2.
3.
4.
Section 6,
a Section 7,
September 15,1998 City Centre Ellison Wilson Landscape Plan by Urban
Design Studio. One sheet.
October 9, 1998 City Centre Streetscape Elevation by Oliver-G(idden &
Partners. Sheets EL-2 and EL-3.
The amended landscape plan shalt supersede the existing landscape plan.
Approval of this ordinance is based upon compliance with the following
conditions:
Prior to issuance of the Certificate of’ Occupancy for the building within
Parcel 0, the applicant agrees to post a bond or surety in an amount equal
to 110% of the cost and in a form acceptable to the Cii for the removal of
the two (2) poles located east of the project entrance on PGA Boulevard and
for the removal and burial of the overhead lines currently connected to the
two (2) poles.
Subject to approval of Palm Beach County and FP&L, the applicant.shall be
responsible for the cost of removing the traffic signal pole located at the
southeast corner of the intersection of Ellison Wilson Road and PGA
Boulevard and for the re-connection of the traffic signal to the FP&L
distribution pole (or to a replacement pole) located at the same comer.if it
is necessary to relocate the FP&L distribution pole,-the applicant shall be
responsible for the cost of said relocation.The applicant agrees to assume
all costs otherwise associated with this project.Prior to issuance of the
Certificate of Occupancy for the building within Parcel D, the applicant
agrees to post a bond or surety in an amount equal to 110% of the cost and
in a form acceptable to the Cii for this project.
The applicant shall apply for permits to the appropriate agency or utility, as
appiicable to accomplish the work described in sub-sections 1 ‘and 2 above
within 60 days of adoption of this Ordinance.
All new landscaping approved with this Ordinance shall be completed prior
to issuance of the Certificate of Occupancy for the building within Parcel D.
All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of their conflict
This ?rdinance shall be effective upon adoption.
Ordinance 26, -I998
Page 2 :
,
-PLACED ON FIRST READING THIS 7” DAY OF JANUARY, 1999
PLACED ON SECOND READING THIS 18’-” DAY OF FEBRUARY, 1999
PASSED AbJ9 ADOPTED THIS
VICE MAYOR LAUREN FURTADO
A-l-I-EST:
LINDA V. KOSIER, CMC, CITY CLERK
L SABATELLO
APPROVED AS TO LEGAL. FORM
SUFFICIENCY
CIlY ATTORNEY
-. e
VOTE:AYE NAY ABSENT
MAYOR RUSSO r/‘* .-
. VICE MAYOR FURTADO 7-7
COUNCILMAN JABUN 7--
COUNCILMAN CLARK .J--
COUNCILMANSABATELLO - - 1 1-9
Ordinance 26,1998
Page3
Aprii 17.1997
ORDINANCE 15.1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
AMENDMENT OF THE OAKB,ROOK CENTER PLANNED
UNIT DEVELOPMENT AND THE FLAME BUILDING
PLANNED UNIT. DEVELOPMENT FOR SITE PLAN
APPROVAL OF OFFICE, RETAIL, BANK, AND
RESTAURANT SPACE; PROVIDING FOR CONDITIONS OF
APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens has received an
application to amend the Oakbrook Center Planned Unit Development and the Flame Building
Plauned Unit Development, located at the southwest corner of PGA Boulevard and U.S. Highway
One, to seek site plan approval for 228,790 square feet of office, retail, bank, and restaurant
spa=, d
WHEREAS, the City Council of the City of Palm Beach Gardens has determined that the
application is consistent with the City’s Comprehensive Plan and Land Development Regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION L The Ci& Council of the City of Palm Beach Gardens, Florida, hereby
approves the amendment to the Oakbrook Center Planned Unit Development and the Flame
Building Planned Unit Development, located at the southwest corner of PGA Boulevard and U.S.
Highway One, for site plan approval for 228,790 square feet of office, retail, bank, and restaurant
space.The project shall henceforth be known ithe City Centre Planned Unit Development.
SECTION Approval of the amendment is approved based on compliance with the
fOllOWi.ng conditions of approval;
1.If the Sausage treee or Ficus tree dies, the tree(s) shah be replaced with another
specimen tree.The type of tree shall be determined by the property owner and the
City Forester.
/2.Stop signs, stop bars and right turn only sign shah be added to the Civil Constnrction
Plans as needed prior to the issuance of the first building permit.
3.Construction of the fkt phase of Elliin Wilson Road improvements required for this
project shall be complete prior to the issuance of the next building Certificate of
Occupancy for the project. The balance of Ellison Wilson Road improvements
required for this project shall be completed when access to the project is constructed
in the southwest comer of the property.
4.Within the first six months after approval of this Development Order, the applicant
shall apply for ax&diligently seek to obtain a permit from the Department of
Transportation (DOT) for a median opening on U.S. Highway One in accordance
with the DOT Access Management Master Plan dated April 5.1996 by Wfiam A.
Lewis, Jr. PE., District Traffic Operations Engineer (a copy of which is attached as
Exhibit “A”), for constructing the new median opening on U.S. Highway One as
referenced in the &cess Management Master Plan for Oakbrook Drive (proposed),
and for the purpose of sewing the proposed interconnecting road between U.S.
Highway One and Elliin Wilson Road.The new median opening and two lanes of
the proposed interconnecting along the south boundary of the property between U.S.
Highvmy One and Elliin Wilson Road shall be constructed prior to the earlier of (1)
the closing of the existing U.S. Highway One dixectional median opening serving the
project; or (2)issuance of a Certificate of Occupancy for Building F.Approval of the
DOT permit and approval of the plans for the median opening and roadway
construction must be accomplished prior to the issuance of the permit for Building F.
Notwithstanding the foregoing, ifthe DOT Construction Permit for the new median
opening cannot be obtained, the petitioner may proceed with construction of Building
F as long as the petitioner agrees to provide access, ingress and egress to the adjacent
property owners to the south and/or east, with the understanding and provision that
the petitioner is granted equivalent reciprocal access, ingress and egress rights across
the property to the east and/or south for the petitioneis eq* use of the.interconnecting roadway.
5.A final plat for this project shall be approved by City Council and recorded in the
public records of Pahn Beach County prior to the issuance of any Certificate of
?~~~pancy for any buildings.Staffapproval of a prelii plat conforming to the
Gity’s LDR’s and fully executed, with the exception of the existing land owners’
interests, shall be submitted and ap”proved by staff prior to issuing any permits for
additional horizontal or vertical construction. To assure that construction is in
accordance with approved civil construction plans and specifications and meets the
requirements for the remaining signatories to execute the plat, the applicant sbaU post
surety acceptable to the City for the construction of internal roadways and related site
improvements, and for the parking improvements for Parcel “Al” and Parcel “B.” In
addition, any public improvements and landscape requirements will be subject to
appropriate surety, which will be processed and released in accordance with standard
procedures set forth in the City’s Codes and Ordinances.
Ordinance 15.1997
Page 2
6.The new construction shall bc designed such that the overall P.U.D. meets the City’s
criteria for level of service and performance standards as it relates to storm water run-
off and a surface water management system.This requirement includes obtaining the
necessary approvals for a positive outfall before any permits are issued for the next
building or civil site construction.
7.The petitioner shall post a letter-of c&it (“L.C.“) or other surety bond (“bond”)
acceptable to the CiQ in the total amount of $125,000 which sum will represent the
petitioner’s contribution toward the six-lane improvement on PGA Boulevard
between U.S. 1 and Ellison Wilson Road The LC. or bond will be posted’in
pexcmtage increments upon issuance of building permits with the percentage based
on the ratio of square footage of the phase beii constructed to the total new
construction of 183.000 square feet. For example, if the construction sequence is .
Parcel D, then Parcel E, and finally Parcel F, the initial amount of the L.C. or bond
to be posted is $18,443 due prior to the ‘ksuance of the building permit for the
building located on Parcel D. The L.C. or bond amount would be increased to
$32,787 prior to the issuance of the building permit for the building located on Parcel
E and would be further increased to the total amount of $125,000 prior to the
issuance of the buildiig permit for the building located on Parcel F.
The terms of the L.C. or bond shall allow the City to call an amount equal to 14.5%
of the L.C. or bond amount posted at any given time upon the City’s receipt of
evidence that the Florida Department of Transportation (DOT) has executed a
contract with an engineering firm for the design of the referenced *hnprovement The
remaining balance of the L.C. or bond as may exist from time to time may be called
by the City upon the City’s receipt of evidence that the DOT has executed a contract
for the construction of the refmnced improvement.
The L.C. or bond will expire on the date which is one year from the date that the
certificate of occupancy is issued for the last buildii to be constructed. The City will
not be entitled to make any calls on the L.C. or bond on or after that date.
8.
\
The median on PGA Boulevard between U.S. 1 and Ellison Wilson Road shall have
a Bominite-type treatment prior to the Certificate of Occupancy of the first building,
subject to Florida Department of Tfansportation approval.
9.There shall be two royal palms planted along the U.S. 1 entry drive, prior to the
Certificate of Occupancy of the first buildiig.
10.The property owner shall maintain all right-of-way landscaping subject to Florida.!lDepartment of Transportation approval.
11.The petitioner shah make provisions at the southwest corner of PGA Boulevard and
U.S. Highway One for a location to place a “Welcome to the City of Palm Beach
’Gardens” sign The sign location and design to be approved by the applicant and the
City and the sign’s size and character to be integrated into the project’s sign program.
Ordiiance 15,1997Paae t
12.
13.
14.
15.
After each phadbuildiig Certificate of Occupancy is complete, the Landscape
Architect of Record shall certify to the City in writing that the landscaping has been
installed per the approved landscape plan.
The site plan shall limited to 18 1,390 square feet of office space (which includes up
to 8,000 square feet of non-drive-thru bank space in Building F), 35,000 square feet
of retail space, 3,300 square feet of drive-in bank use, and 9,100 square feet of
restaurant space.
All the applicant’s and petitioner’s obligations set forth in the foregoing conditions,
financial or otherwise, shall be fulfilled by petitioner, PG Partners and its successors
or assigns.
Applicant shall return with a complete sign package for City Council approval
within 30 days of the adoption of this Ordinance.
m.Construction of said Planned Unit Development shall bc in accordance with
the following plans on file with the Cityls Planning and Zoning Department:
1.March lo,1997 Master Plan by Oliver Glidden and Partners.Page SP-1.
2.March lo,1997 Site Sections Plan by Oliver Glidden and Partners. Page SP-2
3.March 10, 1997 Master Plan Phasing Plan by Oliver Glidden and Partners.Sheet
SPPH.
4.July 3,1996 Parcel D Floor Plan and Elevations by Oliver Glidden and Partners.Sheet
D.l.
5.March lo,1997 Parcel E Floor Plan and Elevations by Oliver Glidden and Partners.
Sheet E.l.
6.July 3, 1996 Parcel F Parking Garage Plans and Elevations by Oliver Glidden and
Partners. Sheet F.l. --
7.June 3,1996 Office Building Floor Plans by Oliver Glidden and Partners.Sheet F.2.
8.June 4.1996 Parcel F Elevations by Oliver and Glidden and Partners.Sheet F.3.
9.July 3,1996 PGA Boulevard Streetscape Elevation by Oliver Glidden and Partners.
Sheet ELl.
10.July3,1996 E!liion Wilson Road Streetscape Elevation by Oliver Glidden and Partners.
Sheet EL2.
11.October 9,1996 South Roadway Streetscape Elevation by Oliver Glidden and Partners.
Sheet EL3.
12.March 11,1997 and July 3,1996 Landscape Plan by Urban Design Studio. Sheets L-l,
L-2, and L3.
13.July 1996 Prelii Site Drainage Plan by Messler and Associates. Sheet C-l.
14.December 23.1996 U.S. 1 Planting Plan by Oliver Glidden and Partners. Sheet 1.
-4. This Ordiicc shall bc effective upon adoption.
Ordinance 15,1997
Page 4
VICE MAYOR LAUREN FURTADO
t%tmaLMEMBERDAVIDCLARK
ATTEST:APPROVED AS TO LEGAL FORM
LINDA V. KOSIER, CMC, CITY CLERK ANDSUFFICIENCY
VOTE:
MAYOR RUSSO
Ax/uAxasEm
---VICEMAYORFURTADO 4
COUNCILWOMANMONROE - z --7
COUNCILMAN JABLIN -7---
COUNCILMAN CLARK J---
Ordinance 15,1997
Page 5
LOCATION MAP
3 RM,.RESIDENT1II n n:. .6.p.I I I I
I I 1I r 4-
--
4-
6
CIVIC
ACKICULTURAL
WATEK KESOUKCES
WATEK & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING
GIS
“Partners For Results
Value by DesipY
3550 S.W. Corporare Pkwy
Palm City, FL 3499
Fax:
MEMORANDUM
TO:Jack Hanson
FROM:Sean C. Donahue,P.E.Q
4k
DATE:March 30,200O
FILE NO.:95-2050
SUBJECT: City Centre
We have reviewed the request for surety reduction letter prepared by Tim
Messler of Messler & Associates, Inc. received on March 7, 2000.Based
on our review of our files and the above referenced letter, we recommend
the release of surety in the amount of $9 1,925.8 1, which is 110% of
$83,568.92.
SCDl
CC:Roxanne Manning
Bahareh Keshava
LINDAHL, BROWNING, FERRARI & HELL-STROM, INC.n&
CONSULTING ENGINEERS. SURVEYORS 8 MAPPERS .
. ...’
MEMORANDUM
TO:Kim Glas
FROM:Tammy Jacobs
DATE:February 9,1999
SUBJECT:City Centre, Parcel I?(LBFH File No. 95-2050)
We have reviewed the revised Preliminary Drainage Plan prepared by Messler & Associates
received February 1,1999. We offer the following comments:
1)
2)
Previously Satisfied.
Conditionally Satisfied.Prior to the issuance of the building permit for parcel F, the
applicant will need to submit the balance of the $125,000.00 representing the applicant’s
contribution toward the six-lane improvements on PGA Boulevard between U.S. 1 and
Ellison Wilson Road per Ordinance lS,l997, Section 2, Number 7. The applicant has
posted a letter of credit in the amount of $14,344.25 for parcel E and $18,442.61 for
Parcel D. Therefore, the balance for parcel F is $92,213.14.
3)
4)
3
‘6)
7)
Previously Satisfied.
PreviousIy Satisfied.
Previously Satisfied.
Previously Satisfied.-.. .
Conditionally Satisfied. Prior to fmal City Council approval, the applicant will need’to
revise the 8’ drive through lanes to a minimum 10’ wide. The 10’ minimum lanes are
based on the PBC Site Development Standards, Article 7.
3)Previously Satisfied.
9)Previously Satisfied.
10)Previously Satisfied.
11)Prev6usIy Satisfied.
,Xi!30 S.W. CoRpoRATE PARKWAY l PALM Cl-W, FLORIDA 34990. (561) 286-3883. FAX: (561) 286-3925
htt@www.&m.m l e-mall: lnW2Wh.m
‘- .
12)Conditionally Satisfied. Prior to final City Council approval, the applicant shall correct
the limit of Phase 4 within parcel F.The Phase 4 limit should be revised to include the
additional seven parking spaces at the northwest comer of the fountain area.
13)Previously Satisfied. The applicant has identified the sidewalk width as 5’ minimum.
TJ
P:WBGMEM0\2050z3.doc
C:Bobbie Herakovich
Roxanne Manning
LINDAHL, BROWNING, FERRARI & HELLSTROM, INC.
CONSULTING ENGINEERS. SURVEYORS 8 MAPPERS
MEMORANDUM
city d P& Gardens
TO:Kim G1a.s FEE ~~w;gg9
FROM:Tammy Jacobs MANACEMENI
OEPARIMEN~
DATE:February 11,1999
SUBJECT:City Centre, Parcel F (LBFH File No. 95-2050)
This memorandum is written to amend comment number 7 of our memorandum dated February
9, 1999. Mr. Ed Oliver has verbally agreed to revise the 8’ drive through lanes to a minimum
10’ wide in order to satisfy the PBC Site Development Standard requirements. Because there is
ample space to the south to widen the drive aisle we have no engineering objections to the
applicant addressing our concerns at construction plan review. Therefore we offer the following
amendment to comment number 7:
71 Conditionally Satisfied. Prior to construction plan approval, the applicant will need to
revise the 8’ drive through lanes to a minimum 10’ wide. The 10’ minimum lanes are
based on the PBC Site Development Standards, Article 7.
TJ
P:U’BGMEM0\2050z5.doc
c:Bobbie Herakovich
Roxanne Manning
:: .
CITY COUNCIL REGULAR MEETING, S/l S/97 13
Commission unanimously recommended approval with seven
conditions.One of the conditions was that the turn out radii be a
40 foot medium, however, since the writing of the staff report, the
petitioner has revised the site plan to reflect this amendment. Staff
recommended approval with a condition that the lighting plan be
approved before the issuance of a building permit.Mr. Minor
revieyed all conditions approved by the Planning and Zoning
Commission.
City Attorney Acton pointed outthat the Council had two
Ordinance 25s in their package and suggested that the Council not
consider the ordinance dated May 15,1997.
Phil Bluclmer, architect for the proposed project, addressed the
Council stating that concerning the drainage issue, the petitioner is
involved with the MacArthur Foundation as to where the easement
is placed.It was expected that this issue would be solved beforem
second reading of the Ordiice.
Councilwoman Monroe made a motion to place Ordiiance 25,
1997, on first reading, by title only. Councilman Jablin seconded
the motion, which unanimously carried. The Deputy City Clerk
read Ordinance 25,1997, by title only on first reading.
Marty Minor, Planner, stated Ordinance 26,1997, was for
consideration of approval for a comprehensive signage package for
CITY COUNCIL REGULAR MEETING, S/l 5197 14
the City Centre Planned Unit Development located at the
southwest comer of PGA Boulevard and U.S. 1. The petitioner
proposed ground signs at the following locations: one sign at the
Ellison Wilson Road entrance, one sign at the southeast corner of
Ellison Wilson Road and PGA Boulevard, two signs at the PGA
Boulevard site entrance, and two signs at the southwest comer of
PGA Boulevard and U.S. 1. The previously proposed sign at the
future east-west road at the southern boundary of the site had been
eliminated.While the petitioner proposed six ground signs, only
four were allowed by Code, and is seeking a waiver from the Code
as well as from the side setback requirement. Grounds signs will
have a masonry wall with a fabricated aluminum sign painted with
a Yacht Blue finish. Tenant signage will be ahrminum channel
-~-
.‘. .letters with white acqlic faces with Yacht Blue trime ..-
E-lank Skokowski of Urban Design Studios stated that the designm
was as requested by the City Council.. .: _,
Councilman Clark made a motion to place Ordinance 16,1997, on
first reading, by title only. The motion was seconded by
Councilman Jablin and approved by a vote of 3 ayes and 1 nay..-
Councilwoman Monroe cast the nay vote stating that she was-
opposed to the number of ground signs.The Deputy City Clerk
read Ordinance 26,1997, by title only on first reading.
ClTY COUNCIL REGULAR MEETING, 6/19/97 12
Finance Director was not in attendance to dii the reasoning for the propos&
home occupation fee.
Councilman Clark made a motion, seconded by Vice Mayor Furtado, to postpone
the Public Hearing for Ordinance 23,1997, until the July 2,1997, City Council
Regular Meeting. Themotion was unanimously carried.
ordinarle 25,1997 Mayor Russo announced that the Public Hearing for Ordiiance 25,1997, would
be readvertised.
kayor Russo declared the Public Hearing open, which was duly advertised 6/4/97
and held on the intent of Ordinance 26,1997, consideration of approval of a sign
package for City Centre Planned Unit Development.
Kim Glas, Acting Planning and Zoning Director, stated that the City Centre PUD
was approved without a sign package because the City Council wanted samples
of colors and materials.Ms. Glas detailed the proposed sign package, colors and
materials. Ms. Glas stated that the City Council reviewed.tbe proposed sign--...--
package at a previous meeting and expressed no concerns.
There beii.no comments from the public, .MayotRusso declared the Public
Hearing closed.Councihnan Clark made a motion, seconded by Vice Mayor
Furtado, to place Ordinance 26,1997, on second reading by title only, and for
adoption. The motion was unanimously carried. The Deputy City Clerk read
Ordinance 26,1997, by title only, on second and final reading.
Marty Minor, Principal Planner, reviewed the petition for an amendment to the site
plan for the Westwood GardeusIWestw~d Lakes Planned Unit Development
hated south of Hood Road and east and west of l-95, by modifying the
Memorandum
To:
From:
Chief FibGerald
Sergeant Spencer
Subject:Justification for Op&or Glass Elevators and Stairwells Reference City
Center Parcel F Amendment (Parking Garage)
Date:February 25,1999
Per your directive and presented for your information, I would like to provide justification for
recommending open/or glass elevators and stairwells for the City Center Parcel F (Parking
Garage).
Because parking facilities comprise a large area with relatively low levels of activity, the
potential for criminal activity is more likely to occur. Persons utilizing a parking garage are more
isolated than users of an outside parking lot, therefore more vulnerable to potential criminal
attack. With these facts in mind, the following suggestion should be strongly considered:
b If at all possible, elevators and stairwells should be glass backed and located on the
perimeter of the parking garage. This will enhance the natural surveillance both from
exterior public areas and for the users of the elevators and stairwells. In essence, the C: -
design shall endeavor to permit any individual in the stairwells, elevators OF accomping
lobby areas to have clear and obstructed view of their immediate surroundings and to be
seen from the outside. For the same reasons, the stairwells should consist of met&l
handrails versus solid walls.
For illustrati~q purposes, I took pictures of the new parking garage used for the new court house
in West Pal@ Beach that depict the suggestions I ‘ve given the for City Center parking garage.
Please refer the photo album.
cc Assistant Chief O’Rourke
Captain Bunch
Angela Csinsi, Planner I
Apr-OS-99 13:32 OLIVER GLIDOEN 15616846890 P-01
0 LIVER l
G
IJDDEN &P ARTNERS
ARCHITECTS &C PLhNNr;.RS, INC.
1401 F0KUM WAY, sum loo
WEST PALM HEACH, FLORIDA 33401
561-684-6841 /FAX 561-t1U4.6890
April 2, 1999
Kim Glass
Principal Planner
Planning and Zoning
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
RE:City Centre PUD - Amendment
Parcel “F”
Palm Beach Gardens, Florida
Project No. 98197
l-31 OLIVER
JUllN GLII)DEN
DANIEL BROWN
KEITH SPMA
Dear Kim:
Please accept this letter as our request not to postpone the above captioned petition from the April
8th agenda. We wish to proceed with the application to reduce the overall height 8, density of
Parcel ‘F & to request approval for the signs at the top of the building per code. We will submit
a revised elevation ‘dotting in* the locations. The tenant will not be Northern Trust but our Client
wishes to maintain the ability to install these signs In this location.
Trusting this will be satisfactory for your purposes.
Anthony E. Oliver 1
Senior Partner
CC:Andrew Brock
member5 of the amer ican inctilute’Ol arehitccts
ORDINANCE25,199$
ANORDINANCEOF!THECITYCOUNCII;OF~~Crrv OF
PALM BEACH GARDENS, FLORIDA., PROWING FOR AN
AMENDMENT TO THE PALM BEACH GARDENS CqDE OF
ORDINANCES BY &DING SECTIONS 110-1, DEFINITIONS,
AND AMENDING SECT.IO% 110-3, SECTION 1104,
SECTION110-36,SEC-JXON110-37,SECT.ION110-38,AND
SE~TION~~~-~~;PROVID~GFORCODERE~IONSTO
ALLOWFORNEWDEFINITIONS,MAXIMUMFLAGPOLE
HEIGHT AND FLAG AREA, CRITERIA FOR LETTERING
ONRESIDENTIAL ENTRY FEATURES AND PERIMETER
WALLS, NON-CON-FORMING &IGN EXEMPTIONS, SIDE
PIZOPERTY LINE SETBACK EXEMPTIONS,
CLARIFICATION OF HEIGHT AND AREA RESTRICTIONS
FORWALLSIGNS,PROVIDINGFORMAXIMUMLETTER
HEIGHT, AND TRANSFERRING R&SPONSlBILITY FOR
PROCESSING SIGN VARIANCE APPLICATIONS FROM
CITY CLERK TO GROWTH MANAGEMENT
DEPARTMEW PROVIDING FOR A REPEAL OF ALL
ORDINANCES OR PARTS THEREOF IN CONFLICT;
PROVIDING FOR SEVEEUBILrry; PROVIDING FOR
CODIFICATION, AND, PROVIDING FOR AN EFFECTIVE
DATE.
.....
.-.. . . ,:.
Jury 1,1999
. .
WHEREAS, the City Council desires to amend the section of the Code of Ordinances
regulating signage:..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY dF .,,_
PALM BEACH GARDENS, FLORIDA:. ‘.: ._,
SECTION. 1, Section 110-l of the Code of Ordinances of the City of Palm Beach Gardens,:,
Florida, is hereby added to read as follows (added words underlined; delekd words
stmck):
Set 110-L I)efinitions.
Dire&v a~~&le means having an entrance from any retail space. industrial bav. office space or
similar space dire&l+ to the exterior of a building. SDaces located off of common lobbies. interior
pund floor hallways or on floors above the ground floor shall not be considered directly accessible
go the exterior of a buildimz.
F-fee means a structure located at the inmess Doint to a deveIoDment which ~ntains certain..mbve features such as Iandsca~ Dlantefs. rock formations. water features. or other det&-_
$0 provide for aesthetic improvements to a development entrance.
Floor line means the separation between two floors of a multi-story building. where the storv
jndicated is entirclv above the floor line. For examole. the fourth floor line is the senaration betv,e.cn
jhe third and fourth floor. the first floor line being Pradc level.
Perimeter wall means a structure surroundimz all or a DOttiOn of a develonment. na&lcl to and/or
abuttinp uronertv lines.
J’rinciDaZ lenant means an occunant of either the entire building or a uortion of a building identified
specifically at time of sign construction bv develor>er to be the princinal tenant.
primarv enirancewav means a ac’l’‘ncludin ‘n
~~~@ards. which provide vehicular and/or pedestrian access to a building entrance.
SEiClTON 2.Section 110-l of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
struck):
Set 11042 Intent and purpose.
The purpose of this chapter is to create the legal framework for a comprehensive and balanced
system of signage to facilitate an easy and ‘pleasant communication between people and their
environment and to avoid the visual clutter that is potentially harmful to trafEc and pedestrian
safety, property values, business opportunities and com.munity appearance. Wrth these purposes in
mind, it is the intent of this chapter to authorize the use of signs, provided they are compatible with
their surroundings, appropriate to the activity that displays them., expressive of the identity of the
individual activities and the community as a whole, and legible in the circumstances in which they
areseen.
(Code 1987,§ 155.01)
SFXrrrON 3 tSection 110-2 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined, deleted words
stluclc):
Set llO-?&General regulations and restrictions and prohibitions.
00 No off-site or off-premises signs shall be permitted under this chapter, urkss otherwise
permitted in this Code. All sign copy shall refer to the property on which the sign is located, except
as permitted elsewhere in this Code.
0 Only passive-type signage shall be permittecLNo surface movements; murals; pashing lights;
Page 2
aashing oc moving messages; bright, flashing colors; changeable sign copy, except where expressly
~L-LL+Z& extntding figures; bunting, awnings with names/advertising; flags, except as expressly
&wed; waving; fluttering; or any device to attract attention shall be allowed within the city. Flags,
kth a total ofthree maximum, shall be allowed Flags shall be lited to one each of the following:
governmental, religious, and corporate, Flags may be aflfixed to a maximum of three poles, JJQ
greater than one flag ner pole.yJlmme aximum ei ht or a c aximumarea size for a flag shall be 48 square feet.
(4 No sign or device which displays signage shall be allowed on city property or rights-of-way
within the city unless specificafly authorized by a resolution or an ordinance of the city council.
Other governmental entities which have jurisdiction and/or control of public right-of-way rnay.ihst&
signs thereon which are under their jurisdiction. Any signs that are not author&d on such
rights-of-way shall be immediately removed by the city, and the costs of such removal shall be borne
by the parties responsible for the installation thereof
@I Only backlighting and internal lighting or permanently fixed and encased face lighting from
below the sign surface shall be permitted for all ground or flat/wall signs. Open neon sign
illumination is permitted within a building, provided it is not visible from the public right-of-way.
Qnly backlivhting with ouaaue lettering and w-rnanentlp fixed and encased face lkhting. from below
$he siEn surface shall be rxx-mitted in residential zoning districts.
(4 The message on a ground sign or flat-wall sign may be used to identify a building or major
tenant with the maximum amount of such sign messages not to exceed any three messages on any
one sign
0 Ah k&ring, logos and other such identification markings on signage shall be permanent and
not interchangeable, except where specific exception is permitted in this chapter.
0 A building can be identified with both a ground sign and a flat-wall sign on property with
a minimum of 300 feet on a public right-of-way. Ifthem is more than one building on the property,
each building will be allowed one flat wall sign meeting the requirements of this chapter.
G-0 No sign facing residential property or property zoned residential shah be allowed within 100
feet from the sign face to a property line of residential prop&y.
cr)Roadside mailboxes or residential building identification, displaying the name or property
occupant and/or street address will be an exception to the requirements of this chapter. Further
exceptions from the requirements of this chapter are signs barring peddlers, indicating security such
as burglar alarms, barring solicitors, or “beware of bad animal” signs. Such signs must be placed at
the entrance of the building or fenced area at entrance.
G)Business motor vehicles containing logos or business addresses and names painted or
embossed on vehicle surfkes, w&r otherwise permitted or required by law, shall be excepted under
FageS, ..
this chapter.i
Q No sign shall be erected, constructed, or maintained so as to obstruct any fne escape or any
window or door or opening used as a means of ingress or egress SO as to prevent free passage from
one part of a roof to any part thereof. No sign shall be attached in any shape or manner to a fire
escape or be placed in such manner as to interfere with any opening requirement for legal ventilation,
nor shah a sign be erected in a location or at a street intersection or in any street right-of-way so as
to obstruct free and clear vision or obstruct the view of or bc confused with any authorized traffic
sign or device by vehicular trafk-
0)Lettering conveving the name of a residential development affix&d to nerimeter walls or entrv
features shah be a maximum of 24” in
height no mter than 60 souare feet in area and shall be backlit with opaque lettering or mound lit “1. . .
(Code 1987, $ 155.03; Ord. No. 1-1997,s 10,2-20-96)
SEC-DON 4.Section 110-3 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
i5tmck):
Sec. 1103& Nonconforming signs.
.(a) -Every sign lawfully erected within the city on Januarv 11. 1990 m....C and which is a type of sign not permitted in this ‘chapter
may be continued until January 7,200O except as follows:
(1)No such sign may be enlarged or altered many way unless to bring it into conformity.
(2)If a nonconforming sign is destroyed by any means to an extent of 60 50 percent or more of ‘1.
its replacement costs at time of destruction, it shall not be rcconstructcd except in. .confomlancewiththischapti..’
(3)If a nonconforming sign is removed for any reason, other than maintenance or name change
of occupant, from its location and remstalled, the sign shall conform to all requirements of
this chapter.
0 Upon expiration of the time period stated in subsection (a) of this section, such affected sign
shall be immediately removed. Exemptions are as follows:
(1)Signs which have been specifically approved by a.PUDJCD or Site Plan within a PCD.
(2)Existing 5at wall signs located below the third floor line or roo5ine on two-story o#%ee
buildings shah be allowed to remain indefinitely; however, subsections (a)(l), (2), and (3)
shall apply-111 tins located within residentiallv zoned districts which indicate the name of a residential
Page 4
I ;,. :i., :.,‘i.‘:?.
subdivision or develooment.;-&a>:. h .y<@$?
*‘.inp bv sign code revisions adopted by Ordinance 25. 1999,w
(cl Any permanent sign existing on property annexed into the city, not permitted under es
chapter, but lawhI at the time of annexation, shall be removed from the premises upon which the
sip is erected within six years f?om the date the city comprehensive land use plan is adopt&....pertaining to such premises. .... .. Temporary signs l&&zl on property.annexed into the city, which are not w in comobnce with this chanter shall be removed
G&in 60 days from the date the citv comorehensive land use plan is adopted oertaining to such
premises.
(1)The time periods provided in this section are for the purpose of amortizing the costs ofa sign
and any property rights created prior to the effective date of the ordinance Corn which this section
o&sin& de&&s by virtue of lease of location and/Or Sign Space
.
(Code 1987,s 155.04)
SECTION 5.section 110-4 of the Code of Ordiiances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
stluek):
Set 1104-&DispLay of obscene matter prohibited.
It shah be unlawful for any person to display upon any sign or other advertising structure any
obscene, indecent, or immoral matter which violates this Code or the laws of the state...
(Code 1987, $155.05)
SECTION 6,Section 110-5 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to readas follows (added words underlined; deleted words
@I: ._
Sec. llOs& Permits required, fee and revocation.
(a)It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the city
any permanent sign defined in this chapter without first obtaining a permit from the building
department and making payment of the fee required by section 86-28. Ali illuminated signs shah,
in addition, be subject to the eLt.rical code, and the permit fees required thereunder.
0 The building official is author&d and empowered to revoke any permit issued upon fbilure
of the holder thereof to comply with any provision of this chapter.
Page 5
(Code 1987,s 155.06)
SECTION 7,Section 1104 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined; deleted words
struck):
Set ilO-6Z Maintenance, inspection.
AU signs for which a permit is required, together with all their supports, braces, guys, anchors, and
plastic faces, shall be kept in repair and, unless constructed of galvanized or noncorroding mate&&,
shall be thoroughly painted once every two years or as often as the building official may deem
necessary based on the condition of the sign The building official may order the removal of any sign
that is not maintained in accordance with this section. The removal shall be at the expense of the
owner or lessee. The building ofKcial shall reinspect aU signs erected within the city as often as he
deems necessary. No fee shall bc required for reinspection-
(Code 1987,s 155.07)
SECTION 8.Section 110-7 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,
is hereby amended to read as follows (added words underlined, deleted words
L?itmek):
Sec.. 1104-& Design requirements.^i-
09 All permanent signs shah be designed and constructed to withstand all loads and design
factors of the city as prescribed by the building code for the city.
0 The building official shall require sufkient design data, when deemed necessary to
determine whether the sign complies with the applicable codes of the city. All pexnanent ground
signs eight feet and above grade shall be certified by a state engineer, who shall submit suflicient
designdatato enablethebuihdingofficial todetennine~~~thesigncomplies~~theapplicable
codes of the city.
(Code 1987,s 155.08)
SECTION 9,Section 110-8 of the Code of Ordinances of the City of Palm Beach Gardens, Florida,._
is hereby amended to read as follows (added words underlined, deleted words
stmek):
Sets. 1104&110-35. Reserved.
ARTICLE II.PERMANE NT SIGNS
SECTION 10,Section 110-36 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined, deleted words-.
:Page 6 ‘.
Sec. 110-36. Ground signs.
(a) Any property with at least 300 feet of a property line abutting a public right-of-way shall
be allowed a ground sign. An additional ground sign shall be allowed for each additional 700 f-t
of public right-of-way. The frontage of two or more public streets shall be additive to compute
frontage.
(b) A ground sign structure shall not exceed ten feet in overall height above the centerline
of the adjacent roadway nor shall it exceed 15 feet in length- A maximum of 60 square feet per sign
and no more than two faces per sign structure shall be allowed.
(c) Ground signs shah be placed no closer than 15 feet f?om the l?ont property lines grid side
pror>ert/ lines adjacent to a public right-of-wav or 50 feet from the side property lines pot adjacent
$0 a Dublic ripht+f-way. A ground sign shall be erected in a landscaped area. The Landscaped EUBZI
shall be equal to no less than the height of the sign in all directions from the sign face and front end
and a minimum of three feet from the rear of the sign. The area shall be planted with appropriate
vegetation and automatic irrigation by the property owner and shall comply with Chapter 98.
(Code 1987,s 155.09)
SECTION II.Section 1 lo-37 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined, deleted words
sfmck):
Sec. 110-37. Flat/wall signs
(a) Buildings located on a site which has at least 100 f& of property line on the public right-
of-way shall be allowed one flat/wall sign for identification.
.:.
0)A flat/wall sign instakd on a building, which identifks the build&g or a principal
ienant, shall be parallel to the surface of the wall on which it is painted or attached and shall not
project more thki 12 inch?% from such wall surface. The total area of the sign face shall not exceed
three percent of the face area of the elevation below the fourth 5oor line or 30 feet above the
centerline of the ..adjacent street, whichever is less.~
located more than three feet above the fourth 5oor line or above the buildinn ~aras~t.
(c)In addition to the ground &or flat/wall sign which indicates the purpose of& building m‘.
Page 7
8 DrinciDal tenant, an occupant of a portion of a building whose space is directly accessible from the
exterior of the building at ground level is allowed one flat/wall sign for each elevation facing a
public rightof-way and/or the primary entranceway, not to exceed two face elevations. Such
flat/wall signs shall not exceed five percent of the gross area of the described elevations of the
tenants’ space. Signs shall not be located higher than the second floor line or top of the parapet of
a one-story building. All such signs shall be of uniform type, color, mater%& shanc. or stvle: letter
height shah not exceed 24 inches. maximum two iines of copy.
(d) In addition, a window sign not to exceed five percent of the gross glass arca of elevation
may contain the name of the occupant, hours of business operation, open/closed designations, credit
card designations, and telephone numbers shall be permitted, and 15 percent of the gross glass area
of elevation may fkther be used for the specific advertisiing of goods and services, not to exceed 100
square feet Materials utilii in signage comprishrg the 15 percent allowable area for goods and
services must be of a permanent nature Use of cardboard or paper materials temporarily affixed to
the glass is prohibited.
(e) Menu sign A menu sign is a temporary sign used to inform the public of the list of dishes
or foods available in a restaurant along with the corresponding prices. A window menu must be
fiamcd or matted and its arm will not bc applied toward the 15 percent of the gross glass area The
sign may also indicate if the restaurant is open and lit the hours of operation of the restaurant.
(1)One menu sign is allowed for each restaurant
(2)The sign shall not exceed four square feet in area.
(3)The sign shall be enclosed in a casing attached to the building. The casing design and ‘L.
color shall be +&e&rally compatible with the building design and color. The
casing shall extend no more than two inches in depth away fkom the wall to which
it is attached, which shall be the owned., rented or leased premises.
(code 1987,s 155.10)
SECTION 12,Section 1 lo-38 of the Code of Ordiices of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined, deleted words
2itltdc):
Sec. 11038. Directional signs (on site).
(a) A maximum of one doublefaced sign of no greater than four square f& on face or higher.than four feet above the adjacent paving p shall be allowed for each
Page 8 ‘.:
build& to direct traffic ~MQ+&I& on the property. In addition, one exterior menu sign shall
be allowed for a drive-through restaurant with a maximum height of five feet and maximum area of
20 feet which shall be landscaped in compliance with chapter 98. Such sign shall be no further than
I00 feet Corn the building which contains the facility. Signs may be illuminated by internal lighting
only and shall be placed in a landscaped area.
(b) AS required for safety, ‘exit only” and Uentrance” signs, no greater than four square feet
and no higher than three feet above the adjacent paving, with a maximum of two faces shall be
allowed to encourage or prohibit entrance to a property through each established curb cut. me sign
shall be allowed no closer than two feet from the property line. The sign may be illuminated by
internal lighting only and shall be placed in a landscaped area. The landscaped area shall comply
with the requirements of chapter 98.
(Code 1987, $ 155.11)
$ECllON 13,Section 1 IO-72 of the Code of Ordinances of the City of Palm Beach Gardens,
Florida, is hereby amended to read as follows (added words underlined; deleted words
stltlck):
Sec. 110-72. Variances.
(a) Recognizing that the strict application of the requirements of this chapter may work an
undue hardship on certain applicants, variances from the strict application of this chapter may be
granted by the city council. The hardship shall not be eam~mics or natuml obstructions on adjacent
lands, but shall be a hardship whereby an applicant cannot reasonably enjoy and utilize the intended
benefits provided in this chapter. Procedures for obtaining a variance are as follows:
(1)A written petition for such variances shall. be filed by the owner of the sign in
question with the c&y&e& growth management departrnenc and the city council
shall conduct a hearing on the petition within 45 days of the !&g-&&e date of
filii, providing all satisfactory information required hassubmitted to the bybeen. .growth manapement denartment. k.
The petition sh&l be signed by the petitioner under oathand shall contain sufficient
information accompanied by a drawing whereby the city council can render a
decision thereon Only one variance request shall be contained in a petition.
- (3)There shall be an initial filii fee, on file in the eig-etetk?s growth manwement
department office, required for each petition filed, which fee shall be paid by the
petitioner upon filing of the petition with the e&-e&k growth management
denartment, The petitioner shah pay for all legal advert&g costs, including postage
to mail notices to landowners affected by the variance, unless otherwise specified in
Page 9
subsection (a)(6).
(4)
(5)
(6>
VI
(8)
(9)
Prior to any hearing conducted by the city council, if the sign in issue is located in
a shopping mall or a shopping center as defmed in this chapter, al1 lessees located
therein and the owner thereof together with all landowners within 300 feet of the
parcel of land on which that shopp-krg mall or shopp*ing enter shall be located shall
be notified in writing as diiected by the ei+%erk growth management denartment
by United States mail of the pending variance petition, together with the date, time
and place of public hearing on such, at least ten days prior to the hearing.
If the sign in issue is not located within a shopping mall or shopping center, ah
landowners within 300 fset of the parcel of land on which the sign in issue is located
shall be notified as directed by the ei+9ek prowth management department as I..::-.,-:;.:.
required in subsection (a)(4) of this section If a condominium shah be involved,:. . ..- :. . ..,.‘.~~?.i.,.__..’
notice to the president or secretary of the condominium association will constitute . . ..i
notice to all landowners therein.
In addition to the notice of the variance requested, the date, time and place of public
hearing thereon by the city council shah be published in a newspaper of general paid
circulation witbin the city at least 15 days prior to .the. hearing: The lessees and
landowners entitled to receive notice shah be determined by the e+ek& growth
management denartment. The initial filing fee shah be the total fee when no more
than’ten landowners or lessees shall be entitled to notice; the filiig fee shah be
increased for each additional five landowners or lessees or C-action thereof.
Three members of the city council shah constitute a quorum, and the concurring vote
of three members shah be required to grant a variance to this chapter.
The city council shah have the authority to request any information it may deem
necessary to properly reach a decision on a petition, including the presentation of
expert testimony at the expense of the petitioner.
‘..
The city council shall not conduct a he&ring on any petition until all filing fees are’
paid and required public notice is complied with as directed by the ei@-ek& n&
manapement dewrtment. Approval or diiproval of a requested variance shah be
by resolution of the city council.
(b) Exceptions and requirements for planned unit developments or planned community
diStIiCtS.
(1)The city council may make and grant exceptions to the requirements of this chapter
in a planned unit development or site Sian within a planned communitv district at
time of adoption or by an amendment thereto by subsequent resolution gr ordinance.
Page 10 :‘r
City Council
Meeting Date: June IS, 2000
Date Prepared: May 22,200O
Petition VAR-99-07
CITY OF PALM BEACH GARDENS CITY COUNCIL .
Agenda Cover Memorandum
-Meeting Date: June 15,200O
Date Prepared: May 22,200O
SUBJECT/AGENDA ITEM
Consideration of Approval: Resolution 47, 2000, a request for a variance from ground sign setback
and frontage requirements. The variance request seeks relief from the 300-foot frontage requirement
needed for a ground sign and from the 15-foot setback requirement. The applicant has requested and
staff recommends postponing the public hearing until June 29, 2000, since the petitioner will be out
of town and will not be able to attend the public hearing on June 15.
RECOMMENDATION
Staff recommends denial of Resolution 47,200O.
Originating Dept.:
Growth Management
costs: $Council Action:
Total [ ] Approved
Finance NA
ACM
Human Res NA
Other -NA Advertised:Funding Source:
Date: May 30, 2000 [ ] Operating
Paper: Palm Beach Post [ ] other
Submitted by:[] Not Required
Growth Management Affected parties Budget Acct.#::
Director I
Approved by:[X] Notified
City Manager [] Not required
[ ] Approved WI
conditions
[ ] Denied
[ ] Continued to:
Attachments:
l Resolution 47,200O
l Site plan
l Renderings
l Staff comments
[ ] None
1
City Council
Meeting Date: June 15,200O
Date Prepared: May 22,200O
Petition VAR-99-07
REQUEST:
The petitioner, Quentin Partners Co., requests a variance to allow an existing ground sign to remain
on site and at its current location. The site is located at 2700 PGA Boulevard (Blvd.), just east of
Palm Beach Community College. The subject sign does not meet the minimum 15-foot and 300-foot
frontage requirements. The sign has been made non-conforming by the revised sign code, which was
adopted on January 17, 1990. The applicant was notified of the non-conforming status of the subject
ground sign, as part of the non-conforming sign notification procedures.
BACKGROUND:
The petitioner received a site plan approval from the Planning and Zoning Commission on January
21, 1983. The approved site plan depicts a ground sign located on PGA Blvd. approximately 34 feet
away from the property line to the west. The front setback as reflected on the approved site plan was
approximately 4.5 feet away from the front property line.The shape of the approved sign was in a
shape of an isosceles triangle, but with two sides only.
Currently, the location of the subject sign is approximately 65 feet away from the property line to the
west, so it has been moved 31 feet to the east along PGA Blvd. The front setback is approximately
two feet away from the front property line, compared to its original front setback, which was
approximately 4.5 feet. The current shape of the sign remains as originally approved, which is a
concrete wall in the shape of a triangle with two sides facing the street and the open side facing the
building. Please see attachment.
According to the applicant, the subject sign also serves as a shield wall for a utility box (backflow
preventer) located immediately behind the sign.The primary function of the structure is to
shield/screen the backflow preventer.Section 9872(g)(l) of the City Code requires that a wall of
solid materials on three sides with the open side facing the building structure be used to screen the
backflow preventer.The applicant has since placed the number of the building on this structure.
According to the definition of a sign, as defined in Section 78-2 of the City Code, this action makes
the structure a sign since it identifies information.The general description of this sign is a concrete
wall structure with a height of 4.2 and a length of 13.6 feet with one message on it identifying the
number of the building.
The applicant has claimed a hardship on the basis that removing the sign would create “an undue
hardship on the general public, cause a traffic problem, and deprive Quentin Partners Co. and its
tenants of rights commonly enjoyed by others...”
LAND USE & ZONING:
The future land use designation of the site is Commercial (C), while the zoning classification is
General Commercial (CGl). Properties adjacent to the subject site are designated Commercial (C) to
the east and west, Mobile Home to the north, and Residential High (RH) to the south.
2
City Council
Meeting Date: June l&2000
Date Prepared: May 22,200O
Petition VAR-99-07
PROCEDURE:
The Land Development Regulations (LDRs) designate the authority of reviewing and granting sign
variances directly to the City Council. As with other variances, a petitioner must demonstrate
hardship. Section 1 lo-72 Variances, states that “The hardship shall not be economics or natural
obstructions on adjacent land, but shall be a hardship whereby an applicant cannot reasonably enjoy
and utilize the intended benefits provided in this chapter.”
_-_.- _.._.._ -_.___- .___._.-_ - -____--.-....-.. -.._.---- --....---- -- .-..-..--.---------._..-. - ______VAR-99-07,270O PGA SIGN VARIANCE REQUEST
ition:A ground sign was approved for the subject site on January 21, 1983. However, the pro
STAFF COMMENTS:
No objections have been received from the following departments and agencies: Building Division,
City Engineering, City Legal, and Seacoast Utility Authority.
However, the City Engineer’s office does not support the requested variance and has suggested that
the petitioner can reconfigure the sign to comply with the 15-foot setback requirement and still
achieve the same existing visibility. The Building Division has raised no objections and supports the
requested variance by the applicant. Public Works Department has raised no comments. Please see
attached staff comments.
As of the date of this report, City Staff has received no public comments regarding this variance
request.
RECOMMENDATION:
Upon review of this petition, staff recommends denial of the request for a variance to allow the
existing ground sign to remain on site and at its current location. The recommendation is based on
the following:
l The applicant has not satisfied the hardship test.The applicant has stated that removing or
relocating the sign would result in a hardship on the general public, cause traffic problems, and
deprive Quentin Partners Co. and its tenants of rights commonly enjoyed by others.According to
the applicant, the general public (motorists headed east on PGA Blvd.) will not be able or may
have difficulty seeing a ground sign set back at least 15 feet way from the property’s front line
due to the foliage on the Palm Beach Community College property. The likelihood that the
3
City Council
Meeting Date: June 15,ZOOO
Date Prepared: May 22,200O
Petition VAR-99-07
public will not be able to see the sign because of the foliage places a hardship on the general
public, according to the applicant, However, this is not a hardship as defined in the Code. The
foliage represents a natural obstruction to the subject sign and Section 1 lo-72 of the Code states
that “the hardship shall not be . . .natural obstructions on adjacent lands . . .”
l The claim that the existing sign is actually a structure required by Code to screen the backflow
preventer is not an accurate reading of the Code because the Code does not require the existing
“wall” as a screen for the backflow preventer in this particular case.Section 9%72(g)(l) requires
the wall structure only if the backflow preventer is large.In this case it is (1.5X1.7) feet, whereas
the “wall” or sign is 4.2 feet in height and 13.6 feet in length. Due to the small size of the
backflow preventer, Section 98-72(g)(2) permits screen landscaping as opposed to a wall
structure.
l The wall structure was approved as a sign and not as a screen wall. The approved site plan by the
Planning and Zoning Commission on January 21, 1983 depicts the same structure as a ground
sign labeled as “Entry Sign” and at a different location than the current one.
Accordingly, staff recommends denial, but the City Council may consider the following in making its
decision with respect to the variance.
Relocating the sign further back, and east of its current location may be difficult because parking
spaces are located immediately behind it and across the entire site in the east-west direction. In
addition, compliance with the 15-foot setback may make the sign less visible to motorists headed
east on PGA Blvd. due to the foliage on the property to the west of the subject site.
Removing the sign entirely would make it fairly difficult for motorists to identify the buildings on
site because the closest building to the public right-of-way is set back approximately 147 feet
from the property line on PGA Blvd. This long setback from PGA Blvd. makes the alternative of
allowing only a building identification sign on the buildings or removing the ground sign less
viable.
G:TalaVvar-99-07
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date:06/05/00
Meeting Date:06/l 5/00
Subject/Agenda Item
Resolution 49, 2000, Authorizing the Acquisition of Right-of-Way along Burns Road.
Recommendation/Motion:
Consider a motion to approve Resolution 49, 2000.
Reviewed by:
@
Originating Dept.:costs: $0 Council Action:
City Attorn Finance (Total)
[ ] Approved
$0 [ ] Approved WI
Finance ”Current FY conditions
[ ] Denied
ACM
Advertised:Funding Source:[ ] Continued to:
Other Date:[ ] Operating Attachments:
Paper:[ ] Other Memorandum
Submitted by:[ X ] Not Required
Kent R. Olson KRO
Department Director Affected parties Budget Acct.#:
Approved by:
Al
[ ] Notified [ ] None
City Manager [ X ] Not required
BACKGROUND: See attached memorandum.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:Mayor and City Council
APPROVED: Nabar E. Martinez, City
DATE: June 5,200O
l
FROM:Kent R. Olson, Finance Director Km
) SUBJECT:Resolution 49,200O
BACKGROUND
The widening of Burns Road will require the acquisition of right-of-way to
accommodate the expansion.Resolution 41, 2000 provided the necessary authority to
move forward with this acquisition on the west end of Burns Road.Subsequent to the
May 18 Regular Council Meeting, we discovered one parcel on the east end that remains
to be acquired.
DISCUSSION
In order to widen Burns Road, the City needs to acquire one parcel of property
along the eastern section of Burns Road. Resolution 49, 2000 authorizes the City to
acquire the last parcel in order that the construction will be completed before the traffic
problems begin on PGA Boulevard.
RECOMMENDATION
Staff recommends adoption of Resolution 49, 2000, authorizing the City to
acquire the right-of-way necessary for the widening of Burns Road.
RESOLUTION 49,200O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AUTHORIZING THE ACQUISITION
OF RIGHT-OF-WAY ALONG BURNS ROAD AND THE FILING OF
EMINENT DOMAIN PROCEEDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, as authorized by chapters 73 and 74, Florida Statutes, and sections 166.401
and 166.411, Florida Statutes, the City may exercise its right and power of eminent domain to
acquire rights-of-way for streets and roadways when the acquisition of such property is in the
interests of the public health, safety and welfare of the City and its residents; and
WHEREAS, due to rapid development within the City and the anticipated improvements
to PGA Boulevard, including, but not limited to, the construction of the PGA Flyover, the City
Council has determined that it is a public necessity and in the interests of the public health, safety
and welfare to add additional lanes of traffic to Bums Road, thereby effectuating east-west traffic
movement throughout the City; and
WHEREAS, in order to construct these extra lanes of traffic, the City Council deems it to
be a public necessity to acquire absolute possession and unencumbered fee simple title to that
real property described in Composite Exhibit ‘A” attached hereto free and clear of any claims of
interest, liens, estates, encumbrances, or occupancies, for the purpose of expanding the existing
Burns Road right-of-way, all such property located within the City’s corporate limits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
Section 1. The above recitals are true and correct and incorporated as though fully set
forth herein.
Section 2. The City Council hereby declares it to be a public necessity to acquire absolute
possession and unencumbered fee simple title free and clear of any claims of interest to that
certain real property more particularly described in Composite Exhibit “A” attached hereto and
incorporated herein by this references for the purpose of acquiring additional right-of-way for the
widening of Bums Road.
Section 3. The City Council hereby authorizes the acquisition or discharge of any and all
leasehold and other claimed interests in that real property more particularly described in
Composite Exhibit “A” by negotiated purchase and/or by exercising its power of eminent domain
as granted by sections 166.401 and 166.411, Florida Statutes, and as permitted by chapters 73
and 74, Florida Statutes, as amended, or such other proceedings as may be necessary to clear title
to that properly described in Composite Exhibit “A” of any and all claims of interest or
occupancies.
Resolution 49,200O
Page 2
Section 4. Under the direction and supervision of the City Attorney, the law office of
Paul R. Golis, P.A. is hereby authorized and directed to negotiate or alternatively to institute
eminent domain proceedings in the Circuit Court in and for the Palm Beach County, Florida, or
such other proceedings as may be necessary to acquire absolute possession and unencumbered
fee simple title free of all claims of interest.
Section 5. Under the direction and supervision of the City Attorney and City staff, the
law office of Paul R. Golis, P.A. is authorized to retain the services of appraisers and other
experts deemed necessary for the adequate and complete preparation of an action in eminent
domain or such other proceeding as may be necessary to acquire absolute possession and
unencumbered fee simple title absent negotiated settlement of the acquisition.
Section 6. This Resolution shall become effective immediately upon adoption.
RESOLVED AND ADOPTED this
ATTESTED BY:
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
-day of June, 2000.
MAYOR JOSEPH R. RUSSO
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
- -
- -
- ~
- -
- -
S.W. CORNER
ORB 10377
PG. 496
\
CURVE DATA
R=2 136.50’
I D= 10’56’52”
L=408.23”
2‘\12.12’
2 N 13’59’4O”W,\
2J31.14 SQ.FT.
S.E. CORNER
10377, PG. 49f
--“1 9
OXIq\P CURVE DATA
51;R= 1003.9 1’--010 D=1 1’43’02”0
m’ (L=205.30 Z I
S88’43’16”E (BASE BEARING)3907.06’.-..-.
\SOUTH LINE\P.O.C.
WEST l/4 CORNER
SECTION 7/42/43
I
NORTH l/2
SECTION 7LEGEND
R/W = RIGHT-OF-WAY
P:O.C = POINT OF COMMENCEMENT
P.O.B. = POINT OF BEGINNING
P.C. = POINT OF CURVATURE
P.T. = POINT OF TANGENCY
O.R.B. = OFFICIAL RECORDS BOOK
R = RADIUS
D= CENTRAL ANGLE
L = LENGTH
RAD.BRG. - RADIAL BEARING
C/L = CENTERLINE
3 2000 LBFH Inc.THIS IS NOT A SURVEY
SURVEYOR AND MAPPER’S SIGNATU.RF.. ‘y-7-i e.
UNLESS IT eras THE SIGNATURE ANO ORIGINAL R~sEo”~~~~.=~~~:~~~~,oA
PROJECT NAME:
THIS MAP/REPORT .~~-~~R~.l~FO~~A~~~~~~RIGHT-OF-WAY ACQUISITION:- .’H ;OS HAS BEEN MA$-BY THIS- PEFEE. :; .-p -,-:-:-BURNS ROAD (EAST) WIDENING- ;. 4 . - -- - *- --.-z-_ ,’72c- ,,
CONSULTING CIVIL ENGINEERS.
’ ‘- ~~~‘~~~: N/A Poge: N/A Field: N/A
SURVEYORS & MAPPERS
lbfbc. v=llLe By Design,,
Scole:‘l “2 100’
“Partners For Results,Sheet 1 of 2 I
,550 S.W. Corporate Parkway. Palm City, Florida 34990 Computed’ JAW Dote FILE NO.
(561) 286-3683 Fax: (561) X36-3925
Project No.
t3PR & FBPE License No: 959 www.lbfh.com Checked:OHD 06/06/2000 P- 105.DWG 00-4107
Q&e-
DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTH ONE-HALF OF SECTION 7, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNN, FLORIDA, BEING MORE PARTICULARLY’ - -
DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 7, THENCE SOUTH
88’43’16” EAST ALONG THE SOUTH LINE OF THE AFORESAID NORTH ONE-HALF, A .
DISTANCE OF 3907.06 FEET; THENCE NORTH 01’16’44” EAST, PERPENDICULAR TO THE
PRECEDING COURSE, A DISTANCE OF 163.20 FEET TO A POINT ON THE NORTH
R IGHT-OF -WAY LINE OF BURNS ROA D, AS DESCRIBED IN OF F ICIAL RECORDS BOOK (ORB)
1241, PAGE 259 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID
POINT BEING ALSO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN
ORB 10377, PAGE 496 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND
THE’ POINT OF BEGINNING;
THENCE NORTH 83’46’15” WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
139.55 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT IN SAID LINE,
SAID CURVE BEING CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1003.91 FEET
AND A CENTRAL ANGLE OF 11’43’q2”; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 205.30 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
THENCE SOUTH 84’30’43” WEST, CONTINUING ALQNG SAID RIGHT-OF-WAY, A DISTANCE OF
89.62 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN ORB 10377,
PG. 496; THENCE,, DEPARTING SAID RIGHT-OF-WAY LINE, BEAR NORTH 13’59’40” WEST
ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 12.12 FEET TO THE
INTERSECTION WITH THE ARC OF A NON -T ANGENT CURV E (FROM WHICH A RADIAL LINE
BEARS SOUTH 03’43’10” EAST); SAID CURVE BEING CONCAVE TO THE SOUTHWEST, HAVING
A RADIUS OF 2136.50 FEET AND A CENTRAL ANGLE OF 10’56’52’; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 408.23 FEET TO THE POINT OF
TANGENCY OF SAID CURVE; THENCE SOUTH 82’46’19” EAST, A DISTANCE OF 27.68 FEET
TO THE INTERSECTION WITH THE EAST LINE OF THE AFORESAID PARCEL DESCRIBED IN
ORB 10377, PG. 496; THENCE SOUTH 14’03’47” EAST ALONG SAID EAST LINE, A
DISTANCE OF 3.80 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINING 2131.14 SQUARE FEET, MORE OR LESS.
NOTES
THIS DRAWING DOES NOT REPRESENT A SURVEY,
THE SOUTH LINE OF THE NORTH l/2 OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43
EAST, IS TAKEN TO BEAR SOUTH 88’43’16” EAST AND ALL OTHER BEARINGS SHOWN
HEREON ARE RELATIVE THERETO.
3C 2000 LEIFH Inc.
PROJECT NAME:
RIGHT-OF-WAY ACQUISITION
THIS IS NOT A SURVEY BURNS ROAD (EAST) WIDENING
l!M!C.Value By Design"
CONSULTING CIVIL ENGINEERS,bh?: N/A
SURVEYORS & MAPPERS REVISIONS:
“Partners For Rem&s.Sheet 2 of 2 Field Book: N/A Page:WA Field:WA
X%SJ SW. Corporate Parkway. Palm City. Florida 34990 Computed’ JAW Date FILE NO.Project No.
(561) 266-3883 Fax: (561) 266-3925
BPR & FBPE License No: 959 www.lbfh.com Checked:OHD 06/06/2000 P-105.DWG 00-4107
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: June 15, 2000
Date Prepared: June 2, 2000
Subject/Agenda Item:
First Reading of Ordinance 17, 2000, repealing existing land development
regulations and adopting new land development regulations in Subpart “B” of the
Code of Ordinances
Recommendation/Motion:
Motion to pass the Ordinance 17, 2000, on First Reading.
Originating Dept.:
Planning Division
Other
Advertised:
Date:[ ] Operating
Paper:[ ] Other
Submitted by:[ ] Not Required
Jd % k-bm
Growth Mgt. Director Affected parties
Approved by:
City Manager
[ ] Notified
[ ] Not required
costs: $
Total
$-Current FY
Funding Source:
Budget Acct.#:
Council Action:
[ ] Approved
[ ] Approved WI conditions
[ ] Denied
[] Continued to:
1.Ordinance 17,2000,
with proposed land
development
regulations dated
June 2000
2.Memorandum dated
April 11,2000,from
Marty Hodgkins of
Duncan Associates
[ ] None
BACKGROUND:
The City Council has previously conducted two special workshop meetings to discuss the
proposed land development regulations. The last workshop meeting was conducted on April 27,
2000.At that meeting, City Councilman Clark requested a comparison of the existing
regulations with the proposed regulations. The City’s consultant for this project, Duncan
Associates, has marked up the City’s existing regulations to reflect the changes. Due to the size
of that document, it is being transmitted to the Mayor and City Council by a separate
memorandum.
ANALYSIS:
The attached memorandum dated April 11,2000, from Marty Hodgkins, of Duncan Associates,
indicates some of the changes to the land development regulations that the staff and the
consultant would like to go over at the First Reading of the proposed ordinance to adopt the new
land development regulations.
No property rezonings or other changes to the City’s Official Zoning Map are proposed in
conjunction with the new land development regulations.
It should be noted that the impact fees in the proposed regulations are also being reviewed by
Duncan Associates, and will be amended in the near future.
The City has engaged another consultant to develop Citywide architectural design standards.
Those standards should also be completed in the near future, and will be incorporated into the
City’s land development regulations.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission conducted several workshop meetings and an advertised
public hearing regarding the proposed land development regulations, and recommends adoption.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 17,200O.
g:\ccldradoption052600
2
JUNE2,2000
ORDINANCE 17,200O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, ENACTING NEW
LAND DEVELOPMENT REGULATIONS IN THE CODE OF
ORDINANCES FOR THE CITY OF PALM BEACH
GARDENS;REPEALING CHAPTER 78, GENERAL
PROVISIONS;REPEALING CHAPTER 8%
ADMINISTRATION;REPEALING CHAPTER 90,
CONCURENCY MANAGEMENT SYSTEM; REPEALING
CHAPTER 94, EXCAVATION AND FILL REGULATIONS;
REPEALING CHAPTER 98, LANDSCAPING AND
VEGETATION PROTECTION; REPEALING CHAPTER 102,
NATURAL RESOURCES AND ENVIRONMENTALLY
SENSTIVE LANDS; REPEALING CHAPTER 106, PUBLIC
PLACES; REPEALING CHAPTER 110, SIGNS; REPEALING
CHAPTER 114, SUBDIVISIONS; REPEALING CHAPTER 118,
ZONING; ADOPTING A NEW CHAPTER 78, ENTITLED
LAND DEVELOPMENT REGULATIONS, THAT PROVIDES
FOR GENERAL PROVISIONS, REVIEW AND DECISION-
MAKING AUTHORITY,DEVELOPMENT REVIEW
PROCEDURES, ZONING DISTRICTS, SUPPLEMENTARY
DISTRICT REGULATIONS,VIOLATIONS AND
ENFORCEMENT, AND DEFINITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 163, Part II, Florida Statutes, requires the adoption of land
development regulations by each local government in Florida to implement the comprehensive
plan of the local government, and
WHEREAS, the City Council of the City of Palm Beach Gardens has determined that
the City’s existing land development regulations need to be updated to reflect the development
patterns that are evolving in the City; and
WHEREAS, the land development regulations adopted by this ordinance are consistent
with the City of Palm Beach Gardens Comprehensive Plan; and
WHEREAS, this ordinance has been advertised in accordance with the requirements
of Chapter 166, Florida Statutes; and
ORDINANCE 17,200O
WHEREAS, the City’s Planning and Zoning Commission, sitting as the Local Planning
Agency, has reviewed the proposed land development regulations at workshop meetings and
at an advertised public hearing, and recommended adoption; and
WHEREAS, the City Council has determined that the adoption of the new land
development regulations is in the best interest of the citizens and owners of property in the
City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLOBIDA, AS FOLLOWS:
SECTION 1. The following chapters in Subpart “B,” entitled Land Development
Regulations, of the Code of Ordinances for the City of Palm Beach Gardens, Florida, are hereby
repealed in their entirety:
Chapter 78:General Provisions
Chapter 82:Administration
Chapter 90:Concurrency Management System
Chapter 94:Excavation and Fill Regulations
Chapter 98:Landscaping
Chapter 102:Natural Resources & Environmentally Sensitive Lands
Chapter 106: Public Places
Chapter 110: Signs
Chapter 114: Subdivisions
Chapter 118: Zoning
SECTION 2. The attached document, entitled “Land Development Regulations - City of
Palm Beach Gardens,” dated June 2000 and prepared by Duncan Associates is hereby incorporated
herein by this reference and adopted, in its entirety, as a new Chapter 78 in the Code of Ordinances
for the City of Palm Beach Gardens, Florida. This new chapter is divided into the following articles:
Article I:
Article II:
Article III:
Article IV:
Article V:
Article VI:
Article VII:
Article VIII:
General Provisions
Review and Decision-Making Authority
Development Review Procedures
Zoning Districts
Supplementary District Regulations
Nonconformities
Violations and Enforcement
Definitions
SECTION 3.Should any section or provision of this ordinance, or any portion, paragraph,
sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such
declaration shall not affect the validity of the remainder of this ordinance, but only that part declared
to be invalid.
2 ORDINANCE 17,200O
SECTION 4.The City Clerk is hereby directed to ensure that the contents of this ordinance
be codified as part of the City Code of Ordinances.
SECTION 5. All ordinances or parts of ordinances previously adopted, which are in conflict
herewith, are hereby repealed to the extent of such conflict.
SECTION 6. This ordinance shall be effective upon adoption.
PASSED ON FIRST READING THIS DAY OF 2000.
ADOPTED ON SECOND READING THIS DAY OF 2000.
JOSEPH R. RUSSO, MAYOR DAVID CLARK, COUNCIL MEMBER
ERIC JABLIN, VICE MAYOR LAUREN FURTADO, COUNCIL MEMBER
ATTEST:
BY:
CAROL GOLD, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCIL MEMBER CLARK
COUNCIL MEMBER FURTADO
COUNCIL MEMBER SABATELLO
CARL SABATELLO, COUNCIL MEMBER
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
LEONARD RUBIN, CITY ATTORNEY
AYE NAY ABSENT
g:\sc\ord\ldr052600
3 ORDINANCE 17,200O
duncan associates
land develop i ent regulations
growth management
impact fees
MEMORANDUM
TO:Steve Cramer, AlCP, Principal Planner
FROM:Marty Hodgkins, AlCP
SUBJECT:Revisions to Land Development Regulations
DATE:April I I ( 2000
.
As we discussed, attached are three documents provided for the April 27 Cii Council workshop
regarding the revised land development regulations for the Cii of Palm Beach Gardens.Each
document is summarized below.
ATTACHMENT I. This attachment summarizes the results of a local survey regarding
when concurrency must be obtained in the overall development review process. The Cii
now requires that a concurrency reservation be obtained prior to submitting an application
for development approval. The draft code provides for submission of a concurrency
reservation request at the same time as an application for development order approval is
submitted.
ATTACHMENT 2. This memo is in response to a question regarding traffic safely at the
eastbound l-95 exit at PGA Boulevard asked at the March 30 city Council workshop.
AlTACHMENT 3. This is a summary of recent changes to the draft land development
regulations, that have been prepared since the City Council’s workshop on 3/30/00. This
document contains two (2) major items, as indicated below.
l A summary of changes, listed in table format, which indicates changes to the land
development regulations.
l A copy of pages with proposed changes that have been discussed by the Cii Council, or
Planning and Zoning Commission or City staff. On the individual pages, the proposed
new language is underlined or proposed
deletions stmtktttt-aagtt, and the location of the
change indicated From the desk of...
by a text box L. Martin Hodgkins, AICP
Associate
DUNCAN ASSOCIATES
memo.26
390 south Juno hle
Juno Beach. Florida 33408
56 I/626-2420
Fax: 56 i/630-9852
e-mail: mhodgkins@mindsorina.com
‘3
ATTACHMENT 1
Concurrency Reservation Requirements
Jurisdiction
‘aim Beach
Sardens
!oca Raton
Concurrency Concurrency
Reservation Reservation Comments
Required Not Required
Concurrency required as part
X of application.
Partial Partial City requires County to
determine capacity available
prior to submitting an
application. Concurrency for
other services determined prior
to P&Z Commission review.
3oynton Beach X Concurrency required prior to
approval of development order,
Ielray Beach X Concurrency required prior to
approval of development order,
lupiter X Concurrency required prior to
approval of development order
)alm Beach
zounty
X Concurrency required prior to
approval by Devel. Review
Committee.
Riviera Beach
Wellington
X
X
None.
Concurrency required prior to
approval by Devel. Review
Committee.
/Vest Palm
3each
X Concurrency reservation
generally required as part of
application for development
approval. May be waived on a
case-bv-case basis.
concurrencyreq.1
.. .
ATTACHMENT 2
duncan associates
land development regulations
growth management
impact fees
MEMORANDUM
TO:Steve Cramer, AICP, Principal Planner
FROM:Marty Hodgkins, AICP
SUBJECT:City Council issue Regarding Traffic Safety and l-95
DATE:April IO, 2000
At the 3/30/00 Cii Council workshop regarding the draft land development regulations, a question
was raised regarding problems experienced by motorists exiting i-95 and going eastbound on PGA
Boulevard. The question was based on the facts that exiting vehicles sometimes are stopped or
virtually stopped in the outside northbound travel lane, rather than the exit lane. Vehicles and drivers
who are stopped in the travel lane are at risk, as are drivers and vehicles who are heading north but
are not exiting at PGA.if this problem becomes persistent, could the problem be used to deny a
development order application?
I spoke with a local traffic engineer about this issue.He indicated that this type of issue normally is not
addressed as part of an overall traffic study, and therefore could not be used as the sole or principal
basis for denial.However, if continuous problems were experienced, the problems could be part of
an overall basis for denying a development order.
Please contact me if you have any questions.
From the desk of...
memo.23
L. Martin Hodgkins, AICP
ksoclate
DUNCAN Assoa~~
390 south Juno Lane
Juno Beach, Florida 33408
56 I/626-2420
Fax: 56 l/630-9852
e-mail: mhodgkins@mindspt-ing.com
A-ITACHMENT 3
SUMMARY OF MAJOR CHANGES
I
I
-
I-
I
CITY OF PALM BEACH GARDENS
Draft Land Development Regulations
April 2000
‘AGE SECTION
6 Sec. 27(b)
DISCUSSION
Requires sign plans considered as a miscellaneous permit to be
reviewed by P&z prior to Cii Council action.
l3-Sec. 92(f)Recommended by P&Z. Provides method for City Council to
I5 consider request for waivers from standards applicable to PUDs and
PCDs.
I6 Sec. 93(f)Requires Growth Management Director to nofrfy Cii Council and
City Manager when a determination of a similar use is made.
Sec. 93 Creates two new categories of uses:
l Showroom, General - for certain types of uses which operate
as a showroom rather than a traditional retail type of use; and
l Banquet Facilities -which recognizes certain facilities
designed as a location for meetings, receptions, etc.
Categories created at request of Cii staff.
27 -Sec. 93 I)Recommended changes to regulations affecting Home
29 Occupations, as discussed with Cii Council.
29 Sec. 93(3) and Per City Council direction, suggests additional language regarding
(4)affect of amendments to state law affecting Community
Residential Homes.
29 -.Sec. 93(S)Recommended changes to Assisted Living Facilities, suggested
31 by Urban Design Studio.
42 Sec. 93(25)Proposed standards to be applicable to Showroom, General use
category.
43 Sec. 93(30)Proposed standards to be applicable to Banquet Facility category.
51 Sec. 93(59)Per discussion with City Council, increases storage area from 25% to
50% of lot area for Auto, RV, and Boat Storage, Commercial.
L . .
PAGE SECTION DISCUSSION
189-Sec. I04(d)( I)Recommendations adopted by P&z regarding establishment of
191 single entity retail use in the PGA Boulevard Overlay Corridor.
226 Sec. I 2 I (a)(4)Allows developer to utilize up to I 5% of required fee for hiring an
arts cons&ant.Recommended b y Art Advisory Committee.
227 Sec. I 2 I (c)(3)Allows the Cii to utilize up to 15% of required fee for hiring an arts
consultant.Recommended b y Art Advisory Committee.
293 -Sec. 179(l)Changes to parking stall sizes recommend by P&z. Allows Cii
294 Council to grant reductions from standard IO feet by 18.5 feet
parking stall for office and retail uses.Requires additional open space
and enhanced site appearance as part of reducing overall size of
parking spaces.
294 Sec. I 79(l)(3)Recommended by P&Z. Allows City Engineer to approve use of
speciatty paver brick or other surfaces for parking lots.
294 Sec. 179(l)(4)Recommended by P&z. Allows City Engineer to approve use of
contrasting paving materials to delineate parking spaces.
296 -Sec. 180(D)(4)Additional language recommended by P&Z. Requires additional
297 open space and enhanced site appearance for any requests to
provide parking spaces in excess of code requirements.
298 Table Revises parking requirements, at the suggestion of P&Z, for assisted
living facilities.
299 Table Provides parking requirements for proposed banquet facility use.
301 Table *Provides parking requirements for proposed showroom, general
us&
326 Sec. 20 I (e)Proposed change allows Growth Management Director to extend
loading/unloading period for RVs or watercraft.
360 Sec. 246(a)Recommended by P&Z, allows City to consider effects on
nejghborhood when there is proposed a continuation of an existing
street.
426 None Recommends definition for banquet facility.
461 None Recommends definition for showroom, general.
memo.27
2
.I
b.a visible change to the overall approved design concept that is not consistent
with approved architectural plans (e.g. changes to windows, roofs, entry
features, materials, color, style, context, bulk, mass, or relation to other
buildings).
(I I) Building materials. Any significant changes in exterior building materials.
(I 2) Changes to phasing or conditions. Any changes to an approved development
phasing plan or any condition of development approval.
(I 3) Changes to developer’s agreements. Any changes to an approved developer’s
agreement.
(I 4) Other changes. Any change to an approved plan or any change to an approved plan
when considered cumulatively with prior minor amendments which, as determined by
the growth management director, deviates materially from the approval granted by the
planning and zoning commission or c’ity council.
(c)Minor amendments. Minor amendments are changes to approved development orders
that are not considered major amendments as previously defined.Minor amendments may be
approved by the growth management director in consultation with other city staff and the
development review committee. The growth management director may determine minor
amendments are to be considered as major amendments.
Sec. 27.
(a)
Miscellaneous review.
Nature of review. When a development order application is not consistent with any
of the development review processes provided herein, the growth management director
shall determine the specific nature of review.
0 Sinns. Sign olans may be
submitted senarately from site elan
anplications. If submitted
Added per discussion with City Quncil.
separately, a sign plan shall be
subied to review by the planning and zoning commission prior to consideration by the
city council.
Sec. 28.Land Development Regulation Text Amendments.
Applications. Applications for an amendment to the text of the city’s land development
regulations shall be prepared in detailed narrative form, and shall include the information listed
City of Palm Beach Gardens/land Development Regulations
Draft - 3l5AO 36.,
w
(cl
(d)
03
fQ
and intent of this section is to encourage applicants for planned development, PUD, and PCD
approval to propose residential and nonresidential projects that are innovate, creative, and
utilize planning, design, and architectural concepts that will be of benefit to the city. The use of
innovative and creative techniques and concepts may require one or more waivers to the
development standards applicable to such projects. The city council may grant one or more of
such requested waivers, provided such benefits as architectural design, pedestrian amenities,
preservation of environmentally sensitive lands, provision of public parks and open space, or
mixed uses which reduce impacts on city services, are demonstrated.
Waivers permitted. An application for development order approval for a PUD or PCD may
include a request for waiver of one or more requirements of this chapter.Requests for
waivers shall comply with the requirements contained herein.For the purpose of this section,
a waiver is defined as a reduction in a development standard or other land development
requirement normally required by this chapter.
Purpose and intent. The purpose and intent of this section is to encourage the use of
PUDs and PCDs, as provided in section and section -, in order to achieve the benefits
to the city and the property owner as dezbed in those sections.
Prohibited waivers. The waivers listed below shall not be granted by the Cii Council.
(1)
(2)
(3)
A waiver from the requirements of section -,establishing the PGA Overlay District
A waiver from the minimum requirements for preservation of environmental sensitive
lands as provided in section -.
A waiver from any requirement associated with the city’s concurrency management
system.
Grant of waivers. Waivers from requirements applicable to planned developments,
including PUD: and PCDs, shall be granted by the c’ity council, following an advisory
recommendation by the planning and zoning commission.
Waivers established. For the
purposes of this section, the city council Added per discussion with P&Z to clarify
may nrant waivers as indicated in Table
A
7
Table .
Waivers to Planned Developmenb
Development Standard City Council
or Requirement Waiver
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/?XO ., .II3
.
Ooen Space
Standards Aoplicable to Planned
Developments, f%JDs and PCDs
Architectural and Design
Standards
Etxineerinrr Standards
Permitted Uses within PUD or
m
r/
/
Development Standards
Applicable to Permitted and
Conditional Uses
Number of Reauired Parking
~ Soaces and Size of Parkine Spaces
c/
~ Buildine Setbak (front, side, side /
comer, and rear)
Lot Covempe, Size, Depth and
m
He&t of Btierinr! dnd Screening /Iwa”s I I
Residential variances. Any reduction to a PUD or PCD development standard or
reauirement aoplicable to an entire residential use or proiect shall occur only as provided in this
section.However, the owner of a sinele family dwellinp may apply for a variance to the
applicable development standards, rather than apply for a waiver. The puroose of this
subsection is to allow an owner or owner to reauest a modification without the time, effort,
and exoense:associated with an apolication for a development brder amendment.
/h)Amlication. All requests for a waiver shall be submitted in writinn and shall accompany a
development order apolication for planned develooment. PUD, or PCD approval. Each
waiver to planned development requirements or standards utilized in a development order
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5QO . . ,I 14
application for approval of a PUD or PCD shall be identified by the applicant.
c.l Criteria. A reauest for the city council to approve a waiver from one or more of the
standards and requirements applicable to a planned development, PUD, or PCD shall comply
with a maiority of the criteria listed below.
(I)
0
0
The request is consistent with the &Y’S comprehensive plan.
The reauest is consistent with the purpose and intent of this section.
The reauest is in support of and furthers the city’s Foals, obiectives, and policies to
establish development possessinp: architectural SiPnificance, pedestrian amenities and
linkapes, employment opportunities, reductions in vehicle trips, and a sense of place,
0 The reauest demonstrates that erantinrr of the waiver will result in a development that
exceeds one or more of the minimum requirements for PUDs.
0 The request for one or more waivers results from innovative design in which other
minimum standards are exceeded.
The reauest demonstrates that granting of the waiver will result in preservation of
valuable natural resources, includinp environmentally sensitive lands drainape and
rechatye areas and coastal areas.
The reauest clearly demonstrates public benefits to be derived, in&dine but not
limited to such benefts as no-cost dedication of rinhts-of-way, extensions of pedestrian
linkapes outside of the proiect boundaries presentation of important natural resources,
and use of desirable architectural, building, and site desipn techniaues.
.
Sufficient screenine and bufferine, if reauired, is provided to screen adiacent uses from
adverse impacts caused by a wa’wer.
The reouest is not based solely or predominantly on economic reasons.
The ,reauest will be compatible with existinr! and potential land uses adiacent to the
development site.
(II)The request demonstrates the development will be in harmony with the peneral
purpose and intent of this section, and that such waiver or wa’wers will not be in@rious
to the area involved or other wise detrimental to the public health, safety, and welfare.
Sec.93.Permitted uses, Conditional, and Prohibited Uses.
City of Palm Beach Gardens/Land Development Regulations
Draft- 3/VlO .i 115
(b)
w
09
(e)
(9
(29
00
(0
structures, and properties shall conform with the requirements of Table . Additional
standards applicable to certain uses are indicated in this table.For the purposes of this article,
uses shall be defined as indicated below.
Permitted uses. Any use allowed as a matter of right in a zoning district, subject to review
by c’&y staff and compliance with all requirements contained in this chapter.
Conditional uses. Any use that may be allowed, subject to review and consideration by the
planning and zoning board and city council as provided in this chapter.
Prohibited uses. Any use not listed as a permitted or conditional use in Table _, or not
recognized as a similar use, is a prohibited use, and shall not be established.
PGA Boulevard Overlay Corridor. Permitted and prohibited uses within the PGA overlay
corridor are established in section -,and shall pre-empt any permitted or conditional uses
allowed herein.
Similar uses. A use not listed in Table -,but possessing similar characteristics, including but
not limited to s’ke, intensity, density, operating hours, demands for public facilities such as water
and sewer, traffic impacts, manufacturing and business practices, may be established upon
approval by.the growth management director. Such uses shall be subject to all requirements of
the uses to which they are similar.
Appeals of such determinations shall be
made to the zoning board of adjustment.
The growth manapement director shall Added reporting requirement per City
notify the city council and city manager_L
in writing, of all decisions regarding
71
similar uses.
Variances. k variance from the additional standards applicable to certain uses established
herein shall not be granted by the board of zoning appeals.
Wa’ker. A waiver from the additional standards applicable to certain uses established herein
may be granted by the city council as part of approval of a planned unit development or
planned commercial development, subject to the requirements of section .
Planned development overlay districts. Permitted, conditional, and prohibited uses
within planned overlay districts, including planned unit developments, planned community
developments, and mixed use developments, shall be established within the development
order approved by the city council.Permitted, conditional, and prohibited uses within such
districts shall be established with reference to such uses within the underlying zoning district.
However, the c’ky council may approve any use within a planned development overlay district,
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/51w . .116
. .
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D T
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26
27
28
29
31
32
usa
CATEGORY
Qstaurant, Take
3Jt
Retail, General
Thrift and Used
Merchandise Store
PERSONAL
SERVICES
rinimal Boarding
Kennel
@wto/Tru& Fleet
Maintenance Shops
and Garages
P
P P
P
btolTruck E3cdy
Repair shop
BankA%ancial
l&ution w/Drive
Bank/Financial
Ibshtion w/o Drive
rhrough
Blueprinting
Boat fkpair
Business, Trade and
v-schools .
Catering Service
Cemetery and
Mausoleum
Clinic. Medical or
Dental
Clinic, Veterinary
City of Palm Beach Gardens/Land Development Regulations
Draft - 3L$.lO .,121
. .
R R C NRRRRRRc c M POP 0
USE/RIZLLLRRMPCGGCMIM&NDT
CATEGORY E 0 01 23MHHON I 2RlAZlSAE
Radio/Television
Broadcast Studio CP P
Utility Plant and
Major Substations c c c c c C 62
Utilities, Minor P P f’ i’ f’ t’ P P f’ P P f’ f’ f’ f’ f’ P P P P 63
Wireless Tele-
communication c p p f’ p p P P c c c 64
Facilities
RESOURCES
PRODUCTION
AND
EXTRACTION
AgriCUltUR
Excavation and Fill,
and Borrow Pi
Operations
C 65
C c 66
OTHER
Accessory Uses PPPPPPPPPPPPP PPPPPP
Mobile Home,
Temporary cccc C C C C C C 67
Recreation,
Accessoly ccccccc c 68
Satellite Dishes, l
Accessoly P P P P’P P P P P P P P P P P P P P 69
6)Additional standards.
Application. The following standards apply to specific uses as indicated in the “Note” column of
Table-.
(1)Home Occupations. Home occupations are commercial or occupational uses
performed in a residential dwelling unit by a resident or family member.Home
occupations are subject to the standards listed below.
a.Only lawful residents of the dwelling unit shall be engaged in the occupation.
b.The use of the premises for the home occupation shall be clearly incidental and
City of Palm Beach Gardenshand Development Regulations
Draft - 3/S/W 127.,
C.
d.
e.
f.
g*
h.
i.
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I.
m.
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subordinate to its use for residential purposes by its occupants. The use shall
not change the residential character of the premises.
There shall be no change in the outside appearance of the building or premises,
or other visible evidence of the conduct of the home occupation.
Home occupations shall not be conducted in any accessory building or
structure, or any open porch or carport which is attached to and part of the
principal structure.
Home occupation shall not occupy more than I 5 percent of the floor area of
the dwelling unit, excluding any open porch, attached garage, or similar space
not suited or intended for occupancy as living quarters.
T&c shall not be generated by the home occupation in greater volumes than
would normally be expected in a residential neighborhood.
Vehicle parking shall be located on the same lot or premise as the home
occupation.
Equipment or processes which create noise, vibration, glare, fumes, odors, or
electrical interference detectable to the normal senses at any lot line shall not
be used in a home occupation. In addition, equipment or processes shall not
be used which create any interference for neighboring properties in receiving
radio, television, or other wireless devices, or which cause fluctuations in
electrical service to such properties.
Manufacture or fabrication of articles such as are commonly classified under the
terms of arts and handicrafts may be deemed a home occupation, subject to
the other terms and conditions of this section.
On-premise sales of stock, supplies, or products is prohibited.
On-premise use or storage of hazardous materials is prohibited.
On-premise signs or other advertising of home occupations is prohibited.
Employees, other than family members or residents, are prohibited.
Owners or operators of home occupations shall obtain required city and
county occupational licenses.
Individuals requesting home occupational licenses shall sign an affidavit furnished
by the city acknowledging their receipt of regulations applicable to such licenses.
Not more than three (3) occupational licenses shall be issued for one
residence.
Changed per City Council direction.
City of Palm Beach GardensRand Development Regulations
Daft - 3/wxl 7 .128
. .
limited as follows:
I2 excluding private instruction, not more than two (2) persons per day
may visit a business or businesses operating in a residence pursuant to
these reauirements, UP to a maximum of four (4) persons per day: and
22 private instructions, limited to academic, artistic, and musical subjects,
shall be limited to not more than two persons at the same time.
This limit shall not apply to delivery of parcels, documents, and similar items by
clients or licensed delivery firms.
(2)Resident hall or dormitory. Shall be operated only in conjunction with a college,
university, or vocational school approved by the city!
(3)Community Residential Home, Type 1. Shall operate consistent with the
standards listed below.
a.Shall operate with not more than six residents, or as otherwise provided by
state law.
b.Shall be located and operated consistent with the requirements of Chapter
4 I 9, Florida Statutes, as amended.
C.Shall obtain all licenses required
by state law or the Palm Beach
County Public Health
Department.Per City Council discussion,
SL All community residential homes added language regarding
shall comply with amendments to compliance with amendments to
state law.
applicable state law.
(4)Community residential home, Type II.
a.
b. -
Shallbperate with not less than seven but not more than I4 residents, or as
otherwise provided by state law.
Shall be located and operated consistent with the requirements of Chapter
4 I 9, Florida Statutes, as amended.
Shall obtain all licenses required by state law or the Palm Beach County Public
Health Department.
All community residential homes shall comply with amendments to applicable
state law.
C.
ri,
(5)‘Assisted living facility (One
or more residents).Proposed changes based upon comments by
a.
allowed in a PUD, or PCD, or other zoninp districts
City of Palm Beach Gardens/b-d Development Regulations
Draft - ~/!%KI .>129
. .
b.
C.
as provided in this section.
Shall obtain a license from the State of Florida and shall operate consistent w&h
the requirements of that license.
d.
e.
May offer, singularly or in combination, independent living, assisted living, or
skilled nursing care facilities, subiect to the limitations listed below.
I2 A skilled nursing care facility operating as a separate, stand alone facility
shall be allowed only within commercial or public/institutional zoning
districts.
2,A skilled nursing care facility operating in conjunction with an assisted
living facility as part of a continuincr: care residential retirement
community.
Shall be eligible for such dens’ity as provided herein.
L Shall be elipible for the base density allowed by the underlying land use
catepory, when located within a residential land use category.
2.May be allowed, subject to approval by the c’v council, a density bonus
when approved as a PUD or PCD located within a residential medium,
residential high, or mixed use land use category. The density bonus is
in addition to the density allowed by the underlying land use category.
Maximum additional allowable density is indicated below.
.
Land Use
Category
Maximum
Allowable
Additional
Density Bonus
I Residential Medium I I8 units per acre
I Residential High I 24 units per acre
I Mixed use I 24 units per acre
32
4.
5.
For the purpose of density calculation, two beds is the equivalent of
one dwell& unit.
Density calculations for dwelling units and beds within a continuing care
community shall be determined by the acreage allocated to separate
uses such as independent living, assisted living, or skilled nursing care.
A density bonus may be granted by the city council, based upon the
criteria listed below.
0)Compatibility of the proposed assisted living facility (ALF) with
adjacent uses.
(ii)Impact on service delivery, including public safety services.
City of Palm Beach Gardens/Land Development Regulations
Draft - 3i!NO .I .,130
f.
g*
h.
i.
i-
k.
(iii)Mitigation of impacts on service delivery.
(iv)Use of buffering, landscaping, and screening techniques to
mitigate building bulk, mass, scale, or intensity.
(4 Use of architectural, design, and site location techniques to
enhance visual appearance.
(vi)The density bonus may not be awarded for any facility
proposed to be located within a coastal high hazard area.
Shall not be located within I ,500 feet of another assisted living facility,
measured from the closest lot lines of both uses, provided however, this may
be waived by the city council pursuant to section of this code.
Shall be connected to public water and sewer se&&&
Shall provide adequate parking, circulation, pickup/drop off area, and ingress
and egress.
Signage shall be consistent with section of this code.
May allow not more than ten percent ( IO%) of the gross floor area to be
utilized for accessory uses of a resident-serving commercial nature, including
beauty and barber shops, banking, ant convenience sales.
Shall not be operated as a halfway house or facility for the following: juvenile
offenders, parolees or probationers, prison or jail inmates awaiting release,
alternative incarceration, or similar classes of residents.
(6)Adult Entertainment.
a.Purpose. lt is the purpose of this section to regulate adutt cabarets, adult
entertainment, adult establishments, adult media shops, adult motels and
hotels, adult motion picture booths, adult motion picture theaters, bathhouses,
licensed adult entertainment establishments, pawnshops, sex shops, and topless
and nude establishments so as to lessen the concentration of these
.establishments. The purpose also is to increase the distance between such
establishments, as reduced distances would otherwise have a deleterious effect
upon the adjacent areas and could contribute to the blight and deterioration of
surrounding neighborhoods.
b.Special regulated uses permitted. The standards contained herein shall
apply to the following:
1.adult cabarets:
2.adult entertainment establishments and adult establishments;
3.adult media shop;
4.adult motel or hotel;
5.adult motion picture theaters;
6.bathing establishments and bathhouses;
Ciq of Palm Beach Gardens/L& Development Regulations
Draft - 3/5/W
a.
b.
Drive-in windows are prohibited.
Outdoor seating may be provided consistent with section -.
(23)Restaurant, Take Out is an establishment where food and beverages are served to be
consumed off-premises. Drive-in windows may be allowed.
(24)
(25)Showroom, General is an
Retail, General are those establishments engaged in retail sales and rental of products,
including apparel for women and men: appliance sales; auto parts store; book stores;
business machines and office equipment sales: camera and photography sales and service;
candy, nuts, and confectionary sales: department stores; floor covering sales: food stores,
excluding convenience stores; furniture stores, hardware and building supply sales;
household goods; lawn and garden sales, including lawnmowers; leather goods and luggage
stores; liquor and package sales; marine equipment sales, excluding boats and personal
water craft; motorcycle sales and parts; music and musical instrument sales; newsstand and
cigar sales; optical goods; pet shops; shoe stores: sporting goods; tobacco shops; toy stores;
and similar uses as may be determined by the growth management director.
establishment where merchandise or
services are displayed for advertising Category added at the request,of staff.
or sale purooses. Showrooms shall
comply with the standards listed
below.
a,Showrooms shall not be designed. installed, or illuminated as a form of advertising.
b2 The merchandise or services displayed, advertised, or sold shall be consistent with
the manner in which uses are established in these land development repulations as
pem-&ed uses, conditional uses, or prohibited uses.
(26)Thrift and Used Merchandise, Stores shall not operate collection, classification, and
distribution activities .a principal use.Such activities shall be an accessory use to the retail
use.Stores of this nature shall not exceed 3,000 gross square feet in a CN zoning district
and 5,000 gross square feet in a CG I zoning district.
(27)Animal Boarding Kennel may be established, subject to the standards listed below.
a.Boarding shall be limited to cats and dogs, and other domestic pets.
b.The city council may require sound proofing or additional setbacks and landscaping
to minimize noise and visual impacts on adjacent properties.
C.Outdoor runs shall be paved, fenced, and connected to a city-approved Wewater
treatment facility.
(28)Auto/Truck Paint and Body Shop shall conduct all activities within an enclosed building
or structure.
City of Palm Beach Gardens/land Development Regulations
Draft - 3/wo 142
. .
(29)
t.29
(31)
(32)
(33)
(34)
(35)
Bank or Financial institution with more than four drive through windows shall be a
conditional use.
Banquet Facility is a location for
rent or lease to the oublic on a short
term basis, for such events as parties,
receptions, meetinps, meals, and
Language added at request of staff.
similar eroup events, and may include accessory kitchen facilities. A use of this type is
subiect to the following:
a.the citv council may establish hours of operations;
!L outdoor areas are to be oriented away from any adioinine residential zoning districts;
&
C-L shall be located on a city collector, county minor arterial, state minor arterial, state,
or state principal arterial.
Boat Repair shall be screened by an opaque fence or wall along all property lines visible
from a public right-of-way or from adjacent properties.
Clinic, Veterinary shall not allow overnight boarding of animals unless approved as a
conditional use.
Contractor’sStorage Yard shall be screened on all sides consistent with the
requirements of section -,and shall be limited to vehicles, equipment, materials and
supplies associated w’ith the business or enterprise.
Data Processing shall provide proof of adequate parking for employees and visitors prior
to issuance of development order approval, building permit, certificate of occupancy, or
occupational license, whichever occurs first.
Day Care, Child or Adult facilities shall conform with the applicable standards listed
below.
a.Shall be licensed by and comply with all requirements of the Palm Beach County
Health Department, including Chapter 59- 1698, Special Acts, Laws of Florida, as
amended by Chapter 77-620, Special Acts, Laws of Florida.
b.The minimum lot area shall be not less than 8,000 square feet.
C.If required, a fenced outdoor recreation area of not less than 800 square feet shall
be provided. >e outdoor area shall be located in the rear yard in all day care
centers located in residential zoning districts.
d.A day care center shall not exceed the maximum number of children or adults
approved by the city council.
e.Shall operate not more than I8 hours per day.
City of Palm Beach Gardens/land Development Regulations
Draft - 3/5/00 :143
(58)Manufacturing, General includes cabinet or carpenter shops; clothing manufacturing,
drug and pharmaceutical manufacturing; food products manufacturing; frozen food
manufacturing; hardware manufacturing; metal products fabrication; millwork and similar
wood products fabrication; shoe manufacturing; water distillation and distribution; welding
shops; and similar uses.
(59)Auto, RV, and Boat Storage, Commercial. Storage of autos, recreational vehicles,
boats is allowed, subject to the following:
a.
b.
C.
d.
storage shall occur only within a designated area, approved as part of the overall site
plan;
storage area shall not exceed
B 50% of the lot area of Per City Council discussion, recommend
the site;mcreasmg area that can be used for storage
boats shall be stored on
trailers with wheels; and
storage areas shall be
completely screened from public rights-of-way or adjacent residential zoning
districts, utilizing the buildings associated either with the storage facility or by an
opaque masonry wall, or equivalent approved by the city, six feet in height.
(60)Helistops shall comply with the requirements listed below.
a.Compliance with the requirements of Chapter 330, Florida Statutes.
b.Refueling, maintenance, and repairs are prohibited.
C.Shall not be utilized for overnight parking of aircraft.
d.Shall establish and utilize a standard approach and departure route that minimizes
impact on adjacent properties.
e.Shall not be used for commercial purposes, such as regularly-scheduled commercial
flights for the transportation of passengers or products.
.
(6 I)Passenger Station includes commercial intrastate and interstate travel, including buses
and trains.Passenger stations shall comply with the standards listed below.
a Passenger stations shall be located on c’&y collector, county minor arterial, state
minor arterial, state, or state principal arterial roads.
b.Passenger stations shall not be located within 500 feet of property with a residential
future land use plan designation or residential zoning designation.
(62)Utility Plant and Major Substation.Water treatment, sewer treatment, electric, gas
or other utility plants and major substations are permitted as a conditional use in the
following zoning districts: P/l, PDA, CONS, M I, M IA, and M2. Utility plants and major
substations shall comply with the standards listed below.
a.The plant will be compatible with surrounding land uses.
b.The plant will implement city-approved odor control policies if sludge is stored on-
City of Palm Beach Gardens/Land Development Regulations
Draft - 3b/W .:151
.
(d)Site development guidelines.
(1)District uses.
a.Application. The city wishes to continue to preserve and promote the unique
character of the PGA Boulevard corridor, and to this end some uses shall be
prohibited within the overlay which might be permitted in other zoning districts
which are not subject to the overlay.
b.Permitted and prohibited uses. Those uses permitted and prohibited within
the ‘PGA Boulevard corridor overlay are listed below.
1.Permitted uses shall consist of speciatty retail, corporate office complexes,
campus industrial parks, community-serving public facilities, and residential
uses. In addition, automobiles may be leased stored as an accessory use to
approved hotels, and boats may be stored as an accessory use to approved
marinas.
2.Prohibited uses shall consist of auto, recreational vehicle, truck, and similar
vehicle sales, storage, and repair; wholesale, discount, self-storage and outlet
centers; discount department stores in excess of 50,000 square feet; single-
entity retail establishments unless otherwise provided in this section; intense
commercial and industrial activities characteristic of the CG-2 and M-2
districts; and drive-in facilities unless as an accessory use to a bank.
3.
.
The purpose and
intent of this
subsection is to allow
a sinnle-entity retail
activity located within
freestanding
I Proposed language to address single entity
retail uses in the PGA Boulevard overlay
district, changed per recent discussions with
the P&Z.I
commercial structure
as follows:
f.!.a single entity retail use may is allowed when inteerated into an
overall PUD or PCD master plan or site plan: or
(ii)a single entity retail use, not to be integrated into an overall PUD or
PCD master plan or site plan, may be allowed subiect to the
standards provided herein.
C-z Exceptions for certain sinnle-entity retail users. Single-entity retail users
may be Den-&ted in the PGA Boulevard over-lay corridor, subiect to the
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/S/00 189
. .
requirements of this section and the additional reauirements listed below.
I2 The buildine within which the sinele-entity retail use is prooosed to be
located, and the exact nature of the use, shall be approved by the citv
council.
22 If located within a lareer development, the single-entii retail building shall be
deskned and constructed in a manner that reflects the same architectural
style, color, materials, and treatments of the other buildines within the
parcel.
32 If planned, located, and approved as a freestandinp buildine on a separate
parcel, a single-entitv retail building shall be deskned to appear as a structure
containing multiple tenants or users.
42 If planned, located, and approved as a freestanding buildine on a separate
parcel, a single entitv retail building shall be desiened in a manner that is
consistent with the following standards:
io
(ii’)
(iiiJ
(ivJ
.0
f.a
the desien is compatible with the obiectives of the PGA Boulevard
corridor overlay;
the desk is consistent with the architectural style of adiacent
buildinms;
the deskn enhances the appearance of the entire PGA Boulevard
corridor:
the desien provides ereat visual interest through such techniaues as
multiple roof lines, architectural details, use of pedestrian amenities,
use of exterior facade treatments, and similar elements which avoid
the creation of monolithic structures:
the design of the structure provides ooen space, landscaoine, and
similar amenities of a nature and extent that neatly exceeds the
r-eauirements of this code: and
the design provides archiiectural treatments on all sides of a
structure, and screens or buffers all facilities such as loadine zones,
mechanical eauioment, and trash and mrbape containers.
52 The buildinr! within which the sinpIe-entity retail use is located shall not
exceed 50,000 press square feet,
&If located within a laper development, a sinele-entity retail buildinp shall, at a
minimum, share the following elements with all other buildins located
within the same development:
City of Palm Beach Gardens/land Development Regulations
Draft - 3/5tlO 190. .
1 . .
(2)
a common adherence to all conditions of development approval
adopted by the citv;
(il)shared use of common areas:
QiiJ shared use of pedestrian and vehicular circulation facilities;
liv’)shared use of all parking facilities and cross access with all vehicular
use areas: and
w shared maintenance responsibilities for all common areas.
d.Site development. Site development regulations shall incorporate design criteria
required by section to enhance and protect the health, safety and general
welfare of the city.
e.Nonresidential development. Nonresidential development shall blend into the
landscape, deferring to open spaces, existing natural features and vegetation.
f.Commercial strip development discouraged. Minimum lot sizes and limited
access drives shall be used to reduce the potential for commercial strip
development. Neighboring properties are encouraged to link their parking lots
together and to share common driveways.
Pedestrian amenities. Uses shall contribute to pedestrian-friendly focal spaces
through the provision of well-designed walking paths, pedestrian spaces with
furnishings, public art, generous plantings, marked crosswalks, and vehicular parking
and circulation areas clearly separated from such pedestrian amenities.
Special regulations. The c’ity
comprehensive plan, including policies
I. I .5. I -- I. I .5A, establish special
regulations to guide the growth,
Check policy numbers.
development and redevelopment of the city. These regulations, pertaining to minimum size,
gross density, and rezoning requirements, apply to properties within the PGA Boulevard
corridor overlay. Development shall only be permitted and proceed within the overlay
consistent with the objectives and policies of the comprehensive plan.
(3)Parkway. The portion of PGA Boulevard located between Central Boulevard and the
.Beeline Highway has been designated a parkway in the comprehensive plan and on the
future land use map. The PGA Boulevard parkway shall have a minimum right-of-
way/easement requirement of 400 feet. This right-of-way/easement shall be reserved by
the abutting landowner or dedicated to the city within the overlay district. W&in this right-
of-way/easement sidewalks and pathways shall be provided. These pedestrian and bike
facilities shall be provided as components of the city’s linkage plan, as described in section
City of Palm Beach Gardenshand Development Regulations
Draft - 3/S/W I91
project, and shall be compatible with the intent and purpose of the structure at
which the work or works are located.
C.Artwork shall be integrated into the overall landscaping plan, and landscaping shall be
utilized to enhance the visibility of such works.
d.Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall be
illuminated from dusk until midnight.
(6)Maintenance. Artwork shall be maintained in good conditions at all times, including any
associated landscaping or related improvements.
Sec. 121.Fee imposed on developments; requirements.
(a)Fee. All budgets for the new construction of private and public developments in the city, as
specified in section ,shall include an amount of one percent of the total budgets as a fee for art
in public places. The fee shall be imposed and paid as provided below.
(0
(2)
(3)
0
Deposit of funds.The developer shall submit to the city documentation showing that a
deposit was made with the developer’s attorney into an escrow account in an amount of
money equal to the art fee prior to the issuance of the first building permit, The developer’s
attorney will furnish the c’ity documentation of the withdrawals for payment of art fees in
accordance with the terms of the contract between the developer and the artist or artists, of
the developer’s arts cons&ant. The developer’s attorney will provide the c.ity a final
certification and accounting of the payment of art and consutting fees at the conclusion of the
placement of artwork.
Surplus balance. Any surplus balance existing in the escrow accounts after the developer
has installed the required artwork shall be collected by the city. The surplus balance shall be
held in a segregated,.interest-bearing fund, and shall be used for the provision of additional
art work at the construction site or another site within the city.Use of such funds shall be
determined by the city council and shall be in accordance with further provisions of the
chapter.
Artist selection. The selection and commissions of the artists shall be by written contract
between the developer and artists.
Arts consultant. The developer
may utilize up to fifteen percent
of the required fee to retain an arts
consultant to assist in the selection and
Additional language recently requested by
procurement of required artwork.
City of Palm Beach GardensRand Development Regulations
Draft - 3/5/W 226
The arts consultant shall have no financial relationship with the artist, or any ownership in
artwork purchased by the developer.
(5)Cost overruns.If the final project cost is higher than the cost figure used to calculate the
preliminary art budget, the art budget must be increased as necessary to equal one percent
of the actual defined total project cost. The art budget must be revised within 30 calendar
days of any such changes.
(b)Location. The artwork shall be displayed in a location visually accessible to both pedestrian and
vehicular trafic.
(c)Contribution of developer. Instead of providing the artwork on the project site, a developer
may choose to contribute one percent of the total construction costs as the required art fee.If the
contribution is made, the contribution shall be placed in the city’s art account. The contributor shall
have no input in the use of such funds.
(‘1 Artist selection. The selection and commissions of the artists and artwork shall be by
written contract between the city and artists.
(2)Use of purchased art. All artwork purchased by the city required art fee contribution
shall be displayed on city-owned land, a city-owned building, or a city-leased or rented
facility. The artwork shall be displayed in a location visually accessible to both pedestrian and
vehicular traffic.
(4
0 Art Consultant. The citv may
utilize us to a maximum of ffieen per
cent ( I 5%) of the funds allocated from
the art account for any particular city
Additional language recently requested by
Art Advisory Committee.I
facility to reatin and art consultant to
assist in the selection and installation of artwork.
Guidelines. The selection and commissioning of artists shall be in accordance with the Art in
Public Places Implementation Guidelines adopted by the art advisory committee.
(e)Special art advisory committee.
(0 .Creation. The city council shall appoint a special art advisory committee to render an
advisory opinion regarding but not limited to the following:
a.the suitability of the construction project as a location for works of art;
b.the nature of the works of art which are most appropriate for the construction
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/%lO 227
. .
(5)(6)0
(8)(9)(10)
(11)(12)
landscaping proposed for the top and sides of the structure;
landscaping, and screening and buffering from adjacent uses;
proximity to residential zoning districts;
lighting;
appearance;
architectural treatments to minimize visual impacts, including the use of opaque
or substantially opaque screening along the perimeter of such structures to
conceal parked vehicles from public view;
compatibility with adjacent structures; and
mass and bulk of structure.
(1)Parking stall and bay dimensions.
(1)Minimum dimensions.Each standard space shall comply with the
requirements of Figure and as indicated below. The dimensions
of a parking space shall not include access, travel, and maneuvering areas.
a.Standard space: minimum IO feet by I 8.5 feet.
!22 Reduced space for
oilice uses:Reduced parking space size for office and
minimum 9 feet by
18.5 feet, subiect to
approval by the city
council.
C-t Reduced space for retail and commercial uses: 9.5 feet by 18.5 feet,
subject to approval by the city council.
d2 . Parallel space: minimum 9 feet by 23 feet.
m Criteria for reduction
in parkinn space As discussed by P&Z.
dimension& Requests for
reduction in parkinp space
dimensions shall comply with the standards listed below.
a.-Additional open space. Additional open space, at a ratio of I .5
square feet for each square feet of paved parkinn area that is reduced
throueh the use of smaller oat-king spaces shall be provided. The
additional pervious open space shall be provided as additional
City of Palm Beach Gardens/Land Development Regulations
Draft - 3fiilXl 293
-.
IandscapinE. pedestrian amenities, or veeetative presewe areas, and shall
be calculated and identified on the proiect site plan.
!A Enhanced site appearance. The additional open space and
landscaping or related amenities required in this subsection shall be
installed within the paved portions of the parking area.
(3)Paving. Not less than the
minimum dimensions of all
parking spaces, travel aisles,
and other vehicular
Added at request of P&Z
circulation areas shall be paved.Use of specialty paver brick or surfaces may be
approved by the city engineer.
Striping and marking of
parking spaces. As Added at request of P&Z.
indicated in Figure -,all I
parking spaces shall be
double striped. As an alternative to double striping, the citv engineer may
authorize the use of contrastinn pavine materials, such as speciatty paver bricks, as
a means to ident’rfv individual parkine spaces.
Parking bays. Parking bays, which are the total of stall depth plus aisle width, shall
provide for adequate maneuvering and parking space.Parking bays shall be subject to the
minimum standards as described in Table and Figure
Table
Minimum Parking Bay Dimensions for Nonresidential Uses
And Residential Uses with Shared Parking Lots.
Wall Interlock
to to Stdl
Stdl Stdl Aisle curb Wall Interlock Depth to Land
Angle i Width Depth Width Length Width Width Interlock Use
A* (I)B* . a DS E*F*G11:H*I%
45 9’0”I 7’6’I&12’6 47w 44’0*15’6”General
45 9’6” :I 7’6 I20 13’6 47y)”44w 15’6”Retail
45 10’0”17’6 12’0 14’0”47w ’ 4473 I 5’6 UtISpfXified
60 9’0”19’0”16’0”10’6 55’0”52Y)I 7’6”General
City of Palm Beach GardensRand Development Regulations
Draft - 3/S/W 294
. .
Sec. 180.Number of parking spaces required.
(a)Required spaces. The number of off-street parking spaces required for individual uses
is established in Table .For any use.not listed in Table , the growth
management director shall determine off-street parking requirements. The standards
established in this section provide the minimum vehicular parking requirements for the
various uses as classified. As indicated in Table -, the growth management director
may request additional information to demonstrate compliance with overall parking
demand.
(t-4 Mixed uses. For mixed use projects approved by the c’ky council with a specific
percentage of individual uses, total off-street parking requirements shall be calculated
based upon the requirements applicable to each individual uses. For commercial shopping
centers or other centers which may provide a variety of mixed uses, the parking
requirements for a shopping center shall apply.
(cl Reduction in spaces. Unless otherwise provided herein, a reduction in the required
number of parking spaces may be granted as a variance by the zoning board of adjustment
subject to section or as a waiver to a planned development, PCD, or PUD
approval granted by the c*&y council.
Cd)Increase in parking spaces.
(‘1
(2)
(3)
@I
Increase of parking spaces allowed. As applicable to the type of
development order, the city council, planning and zoning commission, or growth
management director may authorize an increase in the number of parking in an
amount not to exceed ten percent ( IO%) of the required spaces.
Requests for additional parking. Excluding PUDs, PCDs, or MXDs, any
development order.application which requests an increase of parking equal to or
greater than ten percent (I 0%) of required parking shall be considered by the
BZA as a request for a variance.
Additional parking in PUDs, PCDs, and MXDs. Any request for an
increase of parking equal to or greater than ten percent (I 0%) of required parking
which affects a PUD, PCD, or MXD shall only be considered as an application for
approval of a waiver by the c’ity council.
Standards for additional
parking spaces. A use
which desires to orovide
This language added per P&Z discussion.
parking soaces in excess of
City of Palm Beach Gat-densbnd Development Regulations
Or-aft - 3/5/W 296
the minimum requirements of this section shall comely with the standards listed
below.
a.-Additional open pervious space. Additional ooen space, at a ratio of
I .5 square feet for each additional square feet of paved parking and
vehicular circulation area, shall be provided. The additional pervious open
space shall be provided as additional landscapine, oedestrian amenities, or
vegetative preserve areas, and shall be calculated and identified on the
proiect site plan.
!A Enhanced site appearance. The additional open space and
landscaping required in this subsection shall be utilized to enhance the
visual appearance of the improved site, the vehicular entries, and the
parking areas. The visual enhancements shall be indicated in the
application for development approval.
Table
Required Off-Street Parking Spaces
uw
CATEGORY
RESIDENTIAL
Number of Parking
Spaces Required Notes
Dwelling, One Family Greater of 2 spaces per unit or
I space for each bedroom
No guest parking requirement
Dwelling, Mobile Home
Dwelling, Multiple Family
2 spaces per unit
I space per bedroom plus
minimum of 5% of total spaces
for guest parking
Added guest parking requirement
Guest parking required
Dwelling, Two-Family Greater of 2 spaces per unit plus No guest parking requirement
or I space for each bedroom
Home Occupation N0l-E
Hotel/Motel, Boarding or Rooming I. I spaces per room plus Parking study can be requested by
House I space for each square feet city or provided by applicant to
of meeting space plus .demonstrate overall parking
I space for ea& IO0 square feet demand.
of office s&e plus required
parking for additional use (lounge,
retail, restaurant, etc.)
City of Palm Beach GardensRand Development Regulations
Draft - 3/5/QO 297
USE/
CATEGORY
lobile Home Park
Number of Parking
Spaces Required
2 spaces per unit plus minimum
of 5% of total spaces for guest
parking
Notes
,esidence Hall or Dormitory 0.75 spaces resident Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand.
Community Residential Home,
‘ype I (6 or less residents)
Community Residential Home,
-ype II (7 - I4 residents)
Greater of 2 spaces per unit or
I space for each bedroom
I space per 4 residents
&ted Liking Facilii (I or more
esidents)
m I 25 spaces per dwelling unit Parking study can be requested by
for independent living city or provided by applicant to
u I space per 4 residents for demonstrate overall parking
assisted living demand
n I space per 4 beds plus I space
per 250 square feet of offrice
space for skilled nursing Scilii
3ETAlL & COMMERCIAL
klult Entertainment
Wque Store
Appliance and Electronics Store
QAO Repair, General
I space per 250 square feet (I)
I space per 250 square feet
I space per 250 square feet
I space per 250 square feet plus
2 spaces per repair bay
9uto Dealership I space per 250 square feet of Wt least I off-street
endosed display area and olkes loading/unloading space for auto
plus transport trailers shall be provided
I space per 4,500 square feet of Wehide sales, storage, or display
outdoor sales, display and rental areas shall not be counted towards
plus meeting required parking.
I space per service bay
Auto Rental, Accessory I space for each auto to be
rented
Auto Service Station and Minor
Repairs
I space per 250 square feet plus
2 spaces per repair bay
Repair bays may be induded as a
required parking space.
City of Palm Beach Gardens/lad Development Regulations
Draft - 3/5/W 298
. .
WY
CATEGORY
Auto Ttre Sales and Installation
Number of Parking
Spaces Required
I space per 250 square feet plus
2 spaces per bay
Notes
Bakery
Barber/Beauty Supplies and
Equipment Safes
Banquet Facility
I space per 250 square feet
I space per 250 square feet
I space per 100 feet of indoor
and outdoor assembly area
Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand
Bicyde Sales and Repair
Boat and Marine Sales
Bookstore
Car Wash/Auto Detailing
I spaoe per 250 square feet
I space per 250 square feet
I space per 250 square feet
I space per 250 square feet plus
I space per bay
Clothing and Accessory Store
Consignment Shop
Convenience Store w/Gas Sales
I space per 250 square feet
I space per 250 square feet
I space per 200 square feet plus
2 spaces per bay
Convenience Store w/o Gas Sales I space per 200 square feet
Department Store I space per 250 square feet
Discount Department Store I space per 250 square feet
Drugstore or Pharmacy, General I space per 200 square feet
Drugstore or Pharmacy, Limited I space per 200 square feet
Farm Equipment and Sales Same as auto sales and rental
Feedstore I space per 250 square feet
Floral, Florist Shop I space per 250 square feet
Fruit and Vegetable Market I space per 250 square feet
GiftandCardShop I space per 250 square feet
Grocery Store. Retail I space per 200 square feet
Hardware, Paint, Glass, Wallpaper,I space per 250 square feet
and Floor Covering Store
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/tlO 299
‘.
usu
CATEGORY
Lstautant, Speciatty
Restaurant, Quality
kstaurant, Take Out
Retail, General
Shopping Center/Mixed Uses
Number of Parking
Spaces Required Notes
I space per I50 gross square feet Parking study can be requested by
including outdoor seating, plus I city or provided by applicant to
space per 250 square feet for demonstrate overall parking
employee parking demand
I space per I50 gross square feet Parking study can be requested by
including outdoor seating, plus I city or provided by applicant to
space per 250 square feet for demonstrate overall parking
employee parking demand
I space per I50 gross square feet Parking study can be requested by
including outdoor seating, plus I city or provided by applicant to
space per 250 square feet for demonstrate overall parking
employee parking demand
I space per 250 square feet
I space per feet 200 square feet Unless adequate parking is
provided, NMT 30% of gross floor
area of shopping center can be
used for restaurant purposes.
Showrooms, General I spacer per 500 square feet Parking study can be requested by
city or provided by applicant to
demonstrate overall parking
demand.
Thrift and Used Merchandise Store
PERSONAL SERVICES
I space per 250 square feet
Animal Boarding Kennel I space per 300 square feet of
office, and animal boarding and
run
Auto/Truck Fleet Maintenance
Shops and Garages
I space per 250 square feet plus
2 spaces per repair bay plus
I space per 4,500 square feet of
outdoor storage area
Auto/Truck Body Repair Shop I space per 250 square feet plus
2 spaces per repair bay
Au-tomaticjSetf-Serve Car Wash
Bank/Financial Institution w/Drive
Through
I space per 250 square feet
I space per 250 square feet
City of Palm Beach Gardens/Land Development Regulations
Draft - 3&00 301
(I)A restricted vehicle which is parked or stored on the side or rear yard of a lot,
provided it is parked in compliance with the buffering and screening conditions set
forth ins section.
Sec. 20 I. Recreational vehicles and watercrafk
(4 Limit. Not more than one recreation vehicle (Rv) and one watercraft shall be permitted
on each lot.
@I Location.
(1)Location. The RV or water-craft shall be parked or stored on the side or rear
yard of a lot.No portion of the RV or watercraft may extend into the front yard of
any lot, nor shall any portion extend into any sidewalk, street, or other right-of-
way. At no time shall access to the rear of a lot be blocked or impeded by an RV
or watercraft.
(2)Dimensions. Parking areas for recreational vehicles and watercraft shall be large
enough to accommodate the individual vehicle or vessel.However, the minimum
parking area shall be IO feet by I 8.5 feet.
(cl Buffering and screening. The RV and watercraft shall be properly screened. Proper
buffering and screening requires blocking the RV or watercraft from direct view from all
sides; however, the area providing ingress and egress for the RV or watercraft to and
from the lot is not required to be screened.Buffering or screening shall be accomplished
by a masonry wall or fences, as well as dense hedge planting.Fences and walls shall be
installed at a height of six feet. The use and maintenance of screening materials shall, at all
times, comply with all provisions of this chapter. The hedge materials used for screening
purposes shall be maintained at least six feet in height above finished grade within 24
months after planting. The hedge materials used for screening purposes shall be at least
three feet high above finished grade at planting.
(d)Vehicle height. The height of the RV or watercraft, in its parked or stored position, shall
not exceed the height of the principal building on the lot.
63 Loading and unloading. An RV
or watercraft may be permitted in
the front yard of a lot for one 24-
Added at request of City sta.E
hour period to permit loading or
unloading. This period may be extended by the erowth manaFement director.
City of Palm Beach Gardens/Land Development Regulations
Draft - 315/00 326
Marginal access. Installing a marginal access street, separated from the arterial by a
planting or grass strip, allowing access at appropriate locations.
Sec. 243. Street names.
(a)Duplications. Street names for a subdivision which will duplicate or be confused with
the names of existing streets in the city shall not be used.Street names which will
duplicate or be confused with the names of existing streets in future annexation areas as
shown in the comprehensive plan shall not be used.
@I Extensions.New streets which are an extension of or in alignment with existing streets
shall bear the same name as the existing streets.
(c)Approval. All street names, street numbers, and address numbers shall be approved by
the c’2y and post office prior to recording the final plat.
(d)Street signs. Street name signs are to be placed at all intersections within or abutting a
subdivision,The type and location of street signs are to be approved by the city engineer.
Sec. 244. Street regulatory signs.
Installation. A certificate of occupancy shall not be issued for any residence located on a street
without required street regulatory signs and pavement markings.Subject to the city’s approval,
the responsible party shall install all signs and pavement markings.
Sec. 245. Streetlights.
Installation and standards. Streetlights in a subdivision shall, where required, be installed in
accordance with design and specification standards approved by the city engineer.
Sec. 246. Arrangement of streets and dead-end streets.
(a)Arrangement of streets. The arrangement of streets shall provide for the continuation
of principal streets between adjacent properties when deemed necessary for convenient
movement of trafic, provision of effective public safety, efficient provision of utilities, and
consistency with the
comprehensive plan, provided the
continuation of streets is not Added at request of P&Z.
detrimental to the neighborhood.
City of Palm Beach Gardens/Land Development Regulations
Draft- 3/S/W 360
Banquet facility means a building leased
or rented to the eeneral Dublic, and utilized
for meetings, parties, receptions, meals, and
similar qoup events, including accessory
kitchen facilities.
Added at request of City staff.
Barrier means a fence, wall, berm, or other manmade structure buitt to provide screening or
buffering for adjacent proper-ties or to bar passage.
Bedroom means a room used for sleeping purposes with some degree of privacy, excluding
communal areas.
Beverage production means the production or manufacturing of nonalcoholic beverages,
including soda, juices, and mineral water.
Bicycle parking space, class I means a completely enclosed parking space or controlled
access area designated to prevent unauthorized entry or removal of bicycles.
Bicycle parking space, class II means a parking space which includes a device which locks
both wheels and the frame. The user may have to provide the lock.
Bicycle parking space, class 111 means a parking space which includes a rack or other fixed
object to which a bicycle may be secured with the user’s own lock.
Block means a tract of land or group of lots bounded by streets, or by a combination of streets
and parks, r;lilroad rights-of-way, shorelines of waterwar; or other physical barrien or boundary
lines of municipalities.
Board means the board of zoning appeals.
Boardinghouse means a single-family house, wherein furnished rooms without cooking facilities
are rented for a valuable consideration to one or more individuals unrelated by blood or marriage
to the owner or operator of the house, and where tenants are also served with meals prepared in
one kitchen by the owner or operator of the house.
Boat building means the manufacture, construction, or fabrication of all or part of a marine
vessel.
Boat and marine sales means an establishment engaged in the sales, rental, repair,
maintenance, and service of watercraft, including power boats, sail boats, and personal water&t,
and the retail sale of items associated with boating and marine activities.
City of Palm Beach Gardens/Land Development Regulations
Draft - 3/5/w 426
c
Setback, required means the minimum lot area as specified in these regulations for front, side,
and rear yards, as distinguished from any yard area in excess of the minimum required.
Shade tree means a tree which, by virtue of its natural shape, provides at maturity a canopy with
a minimum diameter of 25 feet.
Shared parking means a technique which allows IWO or more discrete, complementary uses
possessing clearly different periods of peak parking demand to utilize the same parking spaces, and
resutting in a net decrease of required parking spaces when calculated separately.
Showroom, neneral means an
establishment where merchandise or
services are disnlayed for advertising or sale
put-noses.
Added at request of City staff.
Shrub means a self-supporting woody plant of relatively low height and several stems.
Sidewalk means that portion of a street between the curbline or the lateral line of a roadway and
the adjacent property lines, intended for use by pedestrians.
Sight distance means the extent of unobstructed vision in a horizontal and vertical plane along a
street located at any given point on the street.
Sign means any exterior identiication, description, illustration or device which directs attention to
a product, service, place, activ’q, person, establishment, institution or business; or any emblem,
painting, banner, pennant or placard designed to advertise, identify or convey information.
Sign Area means the background area upon which the sign or advertising is placed.
Sign, abandoned means a sign advertising a business, service, or a&‘&y that is no longer
licensed, no longer has a certificate of occupancy, or is no longer active at that location.
Sign, animated means a sign with action or motion using electrical energy, electronic, or
manufactured sources of supply or wind-actuated elements, including rotating, revolving, or
flashing signs.
Sign, banner means any sign constructed of fabric, plastic, or similar material that normally is
freely waving, temporary in nature, displayed outdoors, and containing advertising, information, or
lettering.
Sign cabinet means the structure, usually made of wood, plastic, metal, or some combination
thereof, which contains one or more sign faces.
City of Palm Beach Gardens/bnd Development Regulations
Draft - 3/S/W 461
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date:06/05/00
Meeting Date:06/l 5/00
Subject/Agenda Item
Extend Health and dental insurance contracts
Recommendation/Motion:
Staff recommends extending the health and dental insurance contracts with Blue
Cross/Blue Shield to September 30, 2001.
Reviewed by:I Originating Dept.:Costs: $1.615.000
(Total)Finance [ ] Approved
Finance
$1,615,000
Current FY
[ ] Approved WI
conditions
ACM I
Other
Submitted by:[X ] Not Required
Kent R. Olson Kkb 1
Department Director
Approved by:
Affected parties
City Manage [ X ] Not required
Funding Source:
[ x] Operating
[ ] Other
Council Action:
[ ] Denied
[ ] Continued to:
Attachments:
Memorandum
I Budget Acct.#:
Several throughout the [ ] None
Budget in each
department.
BACKGROUND: See attached memorandum and Report.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:Mayor and City Council
/m
DATE: June 5,200O
APPROVED: Nabar E. Martinez, City Manager
FROM:Kent R. Olson, Finance Director ’
SUBJECT:Extension of Health Insurance Contract
BACKGROUND
The City of Palm Beach Gardens has had three different health insurance carriers
over the last five years.When we renewed last year with Blue Cross, we noted that we
would be moving toward self-insurance to minimize changes to the health insurance
program. However, the uncertainty posed with an ongoing, catastrophic claim makes it
difficult to move into a self-insured plan at this time.
DISCUSSION
Kurt Gehring, our health insurance agent, and I met with representatives of Blue
Cross to discuss our upcoming renewal. After some protracted negotiations, Blue Cross
is willing to offer a 10% increase over our current premium for both health and dental
insurance if we renew now.This increase is very competitive compared to other
increases being proposed in the health insurance market at this time.In 1999, we
renewed with Blue Cross at an increase of 16% for health coverage and 20% for dental
insurance. We have prepared a Request for Proposal should the City not accept this offer
by Blue Cross.
RECOMMENDATION
Staff recommends extending our health insurance contract with Blue Cross
through September 30,200l.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Subject/Agenda Item:
Meeting Date: June 15, 2000
Date Prepared: June 5, 2000
Request to amend an agreement with Duncan and Associates, relative to updating City
impact fees, to include the preparation of a City road impact fee
Recommendation/Motion:
Motion to authorize the City Manager to execute an amended agreement with Duncan
Associates to update City impact fees and to prepare a City road impact fee
Other
/
Submitted by:
Growth Mgt. Director
BACKGROUND:
Originating Dept.:
Planning Division
?i/
Advertised:
Date:[ X ] Operating
Paper:[ ] Other
[ ] Not Required
Affected parties
[ ] Notified
[ ] Not required
costs: $ 12,500
Total
$ 12,500
Current FY
Funding Source:
Budget Acct.#:
01-1420-515.3150
Council Action:
[ ] Approved
[ ] Approved WI conditions
[ ] Denied
[ ] Continued to:
Attachments:
1. Amended agreement
[ ] None
Currently new development in the City is required by county regulations to pay a county road
impact fee to improve county or state roads that would be impacted by the development.Such
fees are collected by the City Building Division and passed on to the County with a two percent
administrative cost retained by the City.
County road impact fees do not apply to local or City streets. Therefore, new development may
create traffic impacts on local roads, but that development generally does not help to fund
improvements to mitigate those impacts.
The consulting firm of Duncan Associates is currently updating City impact fees, at a total cost
to the City of $21,860.The impact fees being updated are for parks; police; and fire / emergency
medical services.The City staff is currently reviewing a final draft of the updated impact fees.
The existing agreement with Duncan Associates could be amended to include the preparation of
a City road impact fee.The attached First Amendment to the agreement with Duncan Associates
indicates the total fixed price to prepare a road impact fee would be $12,500. The study would
take approximately three months to complete.
The preparation of a City road impact fee is supported by the City’s comprehensive plan.Policy
9.1.2.1. in the Capital Improvements Element indicates the City “shall consider adopting a city
road impact fee for neighborhood collectors and local roads of City responsibility.” This
amended policy was included in the City’s comprehensive plan in 1998.
STAFF RECOMMENDATION:
Staff recommends the Mayor and City Council authorize the City Manager to execute an
amended agreement with Duncan Associates to update City impact fees and to prepare a City
road impact fee.
g:\sc\text\roadimpactfees
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF PALM BEACH GARDENS AND DUNCAN ASSOCIATES
This Amendment to the Professional Services Agreement is made as of ,2000,
by and between the City of Palm Beach Gardens, a municipal corporation of the State of Florida (City)
and James Duncan and Associates, Inc., doing business as Duncan Associates, a professional
corporation located in Austin, Texas (Consultant).
WHEREAS, City and Consultant entered into a Professional Services Agreement to perform certain
services relating to updating City’s existing impact fees for Fire/EMS, Police and Park facilities on
October 29, 1999; and
WHEREAS, City desires to amend said agreement to add services relating to the preparation of a
new impact fee to recover the cost of City collectors not maintained by the County, state or federal
government:
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter provided,
City and Consultant agree as follows.
I.
2.
3.
4.
Professional Services. Consultant shall furnish additional services to City as set forth in
Exhibit “A,” which is attached hereto and incorporated herein by reference.
Compensation.For additional services provided by Consultant as described in Exhibit “A,”
City shall compensate Consultant an additional $12,500, in accordance with the fee schedule
outlined in Exhibit “B”. Consultant shall bill City monthly based upon the percent complete of
each task.Payment of each such invoice shall be due to Consultant within thirty (30) days of
receipt by City.
Other Provisions. The remaining provisions of the original Professional Services Agreement
apply to work conducted under this Amendment.
Severability. Any provision in this Agreement that is prohibited or unenforceable under
state or federal law shall be ineffective to the extent of such prohibitions or unenforceability,
without invalidating the remaining provisions hereof. Also, the non-enforcement of any
provision by either party to this Agreement shall not constitute a waiver of that provision nor
shall it effect the enforceability of that provision or the remainder of this Agreement.
IN WITNESS WHEREOF, City and Consultant have caused this instrument to be signed by their
respective duly authorized officers, all on the day and year first above written.
ATTEST:
ATTEST:
DU2 SAN ASSOCIATES
7James B. Duncan, President
Cl-l-Y OF PALM BEACH GARDENS
By:
--li *. ’ ,. ‘.City Manager
Exhibit A
SCOPE OF SERVICES
TASK I : PROJECT ORGANIZATION/DATA COLLECTION
Immediately upon contract execution, Consultant will gather available information related to the
project: identify major technical and policy issues involved; coordinate City and Consultant
responsibilities; and refine the project schedule. The City will provide Consultant, without charge,
copies of all available relevant plans, studies and documents needed to develop impact fees for City
collector roads not maintained or funded by the County, state or federal government. These may
include, but are not limited to:
inventories of existing facilities (e.g., street name, segment endpoints, number of lanes,
current traffic counts);
cost estimates for planned improvements, including construction and right-of-way
costs;
history of gas tax or other roadway funding and amount used for capital improvements
to City collector roads over last five years.
At the conclusion of Task I, Consultant will prepare a memorandum summarizing the organizational
framework for the project, and listing additional data needs, if any.
Deliverable: Project Organization Memorandum
TASK 2:DRAFT IMPACT FEE STUDY/ORDINANCE
This task involves the actual preparation of a draft impact fee study for City collector road facilities and
provides the technical analyses necessary to support development of an impact fee schedule. The
study, which may be integrated with the update study for parks, fire/EMS and police impact fees, will
develop an appropriate methodology that takes into consideration alternative funding sources and the
amount of capacity in the City collector system consumed by developments of different types.Finally,
the task will include preparation of ordinance amendments required to implement the road impact fee
schedules and other recommendations of the report.
Generally, the draft impact fee study will include the following analysis for each facility:
(1)Update of facility conditions, based on adopted levels of service.
(2)Capital facility capacity demands generated by new development will be determined.Demand
will be expressed in terms of service units used in measuring facility demand (e.g., vehicle-
miles of travel).
3
. i
(3)Cost estimates to fund additional facility capacity to accommodate new development will be
undertaken. The City will provide reasonably recent cost data for each facility.
(4)Capital facility costs will be allocated to new development consistent with “rational nexus,”
“proportionate fair-share” and “rough proportionality” standards embodied in relevant case
law. Calculated fees will not exceed costs reasonably related to facilities needed to
accommodate the impacts of new development.In undertaking this calculation, the number
of service units generated by various types of development will be determined for each facility
through preparation of demand generation schedules.
(5)The net cost per service unit will be calculated. This calculation will include consideration of
appropriate revenue credits for other revenue sources, like property tax payments used to
retire outstanding debt for capital facilities. The resulting net cost per service unit will be used
in impact fee calculations to update the impact fee schedule.
(6)Applying net local cost per service unit to demand generation schedules will result in the
maximum impact fee that may be charged.
(7>Finally, the study will include a review of the City’s existing impact fee ordinances and
recommended amendments to implement the findings of the study.
Deliverable: Draft Impact Fee Study/Ordinance
TASK 3:FINAL STUDY/ORDINANCE
Following receipt of City staff comments, Consultant will make any necessary revisions and prepare
final version of the impact fee study and implementing ordinance amendments. The documents will
be delivered in both original copy and magnetic disk formats, along with supporting spreadsheets.
Deliverable: Final Impact Fee Study/Ordinance
TASK 4:FINAL PRESENTATION
Following completion of final work products, Consultant will present the findings of the project to the
City Council.
Deliverable: Final Presentation (I Person-Day)
4
Exhibit B
FEE SCHEDULE
The total fee for professional services described in the Scope of Services is $12,500. This lump-sum
amount includes all direct and indirect expenses incurred by Consultant in performing the services
described in the scope of services, including one person-trip by Consultant to the City to attend
meetings and hearings, A breakdown of the total project fee by task is presented below.
Task Fee
Task I : Project Organization/Data Collection
Task 2: Draft Impact Fee Study
Task 3: Final Study
Task 4: Final Presentation
Total Project
$1,080
$7,700
$2,340
$ I ,380
$12,500
Additional person-trips by Consultant to the City, if necessary and beyond those described in “Exhibit
A”, shall be charged to the City at actual time and expenses, Additional services beyond those
specified in the scope of services will be negotiated separately or billed on a time plus expense basis.
Our hourly rates are $ I IO for Jim Duncan, $ I25 for Eric Damian Kelly and $90 per hour for Clancy
Mullen and Marty Hodgkins. Billable expenses are limited to travel costs, including airfare, hotel,
meals, rental car, gas and parking. Normal office expenses, including express mail and long distance
telephone costs, are included in our hourly rates.
5
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: 6/15/00
Date Prepared: 5/24/00
Subject/Agenda Item: ASCO Automatic Transfer Switch with Manual Bypass
Recommendation/Motion:Staff recommendrs approval of the replacement of existing transfer
switch without bypass to an Automatic Transfer Switch with Manual Bypass by Fisk Electric
Reviewed by:
ACM
Human Res.
Other
Approved by:/
/)/City Manager
Originating Dept.: Police
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ ] Not required
Costs: % 32,081
Total
$
Current FY
Funding Source:
[ ] General Fund
[ ] Other
Budget AccGk
Council Action:
[ ] Approved
[] Approved WI conditions
[ ] Denied
[ ] Continued to:
[ ] None
BACKGROUND:
During the replacement of the uninterrupted power supply (UPS) a test of the generator and
the automatic transfer switch was conducted. While attempting to complete that test and
switch from commercial power (FP&L) to generator power, the automatic transfer switch
failed and cut off all power, both commercial and generator to the 911 center and all
emergency equipment. This failure resulted in all emergency equipment to immediately
switch to battery. However, without the generator to recharge the batteries the batteries
would go dead in approximately 30 minutes. This would result in a complete 911 system
failure along with all communications including the telephone system for the entire City
Complex.
Fortunately, on the day of this incident the appropriate vendor personnel were available to
correct the problem in about fifteen minutes. At that juncture, the electrical contractor, Fisk
Electric, was asked why there wasn’t a manual bypass on this transfer switch to avert a single
point of failure in our emergency electrical system. He advised that Fisk installed the transfer
switch which was specified by the architect, ADG.
This particular switch may meet the National Electrical Code, but is not the appropriate
equipment for our 911 emergency communication center.
Additionally, the control panel that indicates the status of the electrical system was
installed in the UPS equipment room instead of the dispatch center where it can be
monitored on a 24 hour basis. Fisk Electric also agreed that this was an architectural over
sight and should be moved.
The consultant, Kuhns Engineering Corp., was hired to review all aspects of the existing
transfer switch and other electrical components that may affect the 911 dispatch center
should there be a power failure. He was also advised to consider any other problems that
would result should any equipment be required to be replaced or moved, such as down
time of dispatch and any other city functions that might be affected during the resolution
of this problem.Kuhns Engineering was directed to provide the City with a detailed
written report documenting solutions to the problem at hand.
DISCUSSION:
As a result of the findings of our consultant Howard Kuhns, of Kuhns Engineering Corp.,
he suggests that the existing transfer switch be replaced with a transfer switch with a
manual bypass. The replacement of this transfer switch will safe guard the integrity of
emergency communications. The UPS monitoring panel be relocated from the UPS room
to Dispatch Operation. The generator monitoring panel status will be extended to
Dispatch. This will enable monitoring of critical systems on a 24 hour basis.
Two proposals were obtained for the replacement of the transfer switch. Although, the
proposal from Meisner Electric is $356.00 less than Fisk Electric, in considering potential
warranty issues and the ability for the City to work with a single contractor on all
electrical issues during and after the completion of this construction project is of greater
value to the City.
RECOMMENDATION:
Under, the City of Palm Beach Gardens Ordinance, section 2-294 Bidding Threshold sub-
section b. (l), the City Council may waiver the competitive sealed bid requirements in the
event of an emergency declared by the City Council. It is recommended that Council
approve this proposal by Fisk Electric for $32,081, for replacement of the existing
transfer switch and its new location that meets electrical code, and relocation of other
components, such as generator and UPS monitoring.As hurricane season is upon us it is
imperative that our emergency communications be made as uncompromising as possible.
Jyn-05-00 08rllA KUHNS P-03
825 PARKWAY STREET
SUITE 12
JUPITER, FLORiDA 33477(56 I )746-6343
FAX (561)746-3602E-mail: kuhns@,flinet.com
J~JJI~ 5. 2000
Commander Ernie Cat-r
City of Palm Beach Gardens Police Department
I0500 N Military Trail
Palm Beach Gardens. Florida 334 IO
Ke Automatic Transfer Switch
Dear Commander Carr
FolIowiny is a description of the automatic switch situation,
Faihwe.Initially, when you attempted to test the ?1SCO Model #300 Transfer Switch desiynatcd
PjITS I _ a maltinction occurred.The transfer switch had a broken component. and g.01 stuch
between the normal and the emergency positions Fortunately the electrician was able to clear IIN
problem before the UPS system ran out of power for the 9 I I dispatch operation.When the
transfer. switch failed to hnction it was found that there was no isolation/ bypass capability
911 Sptem. I am sure everyone realizes the importance in keeping the 9 I 1 system in continuous
operation You should be able to handle a malfunction at the transfer switch, manually, will1 an
isolation/bypass transfer switch.
The existing transfer switch is not capable of being modified to provide bypass fimctions
Rephcement. This means that it is necessary to remove the existing transfer switch and install a
new switch with isolation/bypass fimction.
Single Party. Fisk Electric is the electrical subcontractor working for Suffolk Constructiorl on
the project. There are certain advantages in having Fisk Electric perform the change-out ol‘thc
switch By having a single party responsible, there can be no question as to w-ho should make
corrections during the warranty period.
The Codes.I read the applicable codes and could find no legat requirement for the isolating
bypass function.
Jpn-05-00 08r12A KUHNS P-04
< huIr;rct Specifications.I reviewed rhe speciticarions and drawings fi>r the project. and
concluded that the contractor pertbrmed the installation in accordance with the contract
1 could rind no indication the Engineer had specified isolatiodbypass function.
Proposals.We have a proposal from Meisner Electric. Inc. in hand, in the amount ol
3.3 1.73 00 to install a new transfer switch (enclosed).1 have not seen the Fisk EIectric
proposal, but 1 understand its about the same amount.
Prices.Mr Jim Briceno ofASC0 Electric explains that the price to the end user of the
hlodcl 300 transfer switch which was installed would be approximately $4.500.00.The price
of’ the transfer switch to the end user of the Model 7000. with isolating bypass functions.
would bc $17.000.The difference of % 12-500, would probably be considered by your
attorney as “unreasonable enrichment”, and would have to be borne by the City.
Make & Model Number.Mr. Briceno developed the following Model Number ASCO
ti7:2TB<‘3400NX’. This model number describes a 400 amp, 2771‘480 volts, 4Pole,
Automatic Transfer Switch with Isolating By-pass Switches contained. Lugs should
accommodate two sets of 3/O conductors The optional steel support stand shouid also be
included
Inst~liation/Configuration. We cannot put the new transfer switch at the same location 1ha1
the old one now occupies because the new switch is housed in a larger cabinet providing an
inadequate amount ofoperatinz space.The new location we chose in coordination with MI
Sonn!; I .evy, Project Manager of Fisk Electr-ic. is directly on the west side of the doorway.
mounted in the electric room Fisk Electric proposes to use the old transkr switch c.abinet irs
a place for splicing to smaller conductors which can be accommodated by the switch.I
recommend that the two sets of350 MCM coming from the generator be sized down with
compression connectors to two sets of 310 conductors (This was the same basis for the
Veisner quotation).
Availability.We may have missed the opportunity to procure the switch that arrived in %lav
hieisnrr Electric is projecting a nine week delivery from ASCO
,Jpn-05-00 08112A KUHNS P-05
KU HNS ENGtNEEKING C‘OKP.
825 PAIUW;y2STREET
JUPITER, FLORIDA 33477
(561)746-6343
FAX: (561)746-3602
E-mail: kuhns@flinet corn
May 17, 2000
Commander Ernie Carr
City of Palm Beach Gardens Police Department
IO500 N Military Trail
Palm Beach Gardens, Florida 334 10
Ke LIPS & Generator Alarm Panel
Dear C’ommander Carr.
l!PS Panel. YOU asked what would be involved in moving the UPS Alarm Panel from the I LPS
room where it is now situated, on the first floor, up to the dispatch office on the second floor
We walked the job with Mr. Gary Moss of Fisk Electric.He explained that the cable for the
status panel is precut at the factory, but it should not be difficult to obtain. He pointed out whcrc
we should be able to rise out of the telephone room on the tirst floor to a position on a wall in lhc
dispatch office on the second floor..
Geaernlor Panel. The generator alarm panel is located in the generator room a considerahlc
distance from the dispatch office. We can place a reduced alarm panel in the dispatch office. al>0
I spoke to Mr. Jeffrey Hyde of Florida Detroit Diesel, the company that provided the generator
and panel.Mr. Hyde explains that it would not be dificult to install a multi-f‘imction relay and
probide three indications on the new panel in the dispatch office
The existing panel in the generator room has I6 functions which describe in detail maifknctions
which may occur Mr. Moss showed us where we have six spare conductors running from t hc
automatic transfer switch to the generator room close to the existing panel. These spare
conductors can be used IO provide the control indications in the status panel.We would bc
limited to five tinctions. I suggest that we arrange for three functions, which would be as
foilows
sJ,un-05-00 08: 13A KUHNS P-06
‘flw ymxator malfbnction light would sun~nwrize all of the other rnalfbnctivn pw&dities
If the generator failed in some way. one signal would be given to the dispatcher, and rho
maintenance person would have to go to the scnerator room to look at the main panel to set’
which of the functions require repair.
The second indication would be Generator On Line, and the third would be Generator Ready
and Standing By.
You may wish to have Fisk Electric submit prices fix these along with the proposal for work
on the transfer switch.1 do not think it is essential that the same contractor be employed.
H~LWWI, keeping the responsibility in the hands of a single party has certain advantag,es.
Your-s vu-y truly,
HOW.r\RD KUHNS, P.E.
05/18/00 THU 13:19 FAX @loo2
City Of Palm Beach Gardens
10500 N. Military Trai!
Palm Beach Gardens, Fl.
May 18,200O
Re: Police Station Transfer Switch
Attn: Ernie Car: - Police Chief
Dear Ernie,
The following is a quote to add a new transfer switch with bypass at the Police
Department. Tbe installation will consist of installing new transfer switch on lefi side of
door and relocating the site lighting contactor. The &s&g transfer switch box will
remain and be e.sed for a junction box and components removed and turned over to the
city for spare parts. A total of six (6 ) 2 K” conduits with 4 310 cu conductors will be run
from the existing transfer switch over the doorway to the new transfer switch, conductors
in the old transfer switch will then be spliced. The Asco switch being used is the model #
962 with legs. This cost also includes Asco startup assistance. Asco has informed us that
if act quickly we can have a transfer avaifable to us on May 22.The cost for this transfer
switch includir.1~3 installation is in the amount of ‘I’hirtv Two Thousand and F&h One
Dollars t 832.ORl.fM 1.
The labor to install this unit would be during normal daytime hours Tom 7:am -
3 13 0 pm M0nda.y thru Friday.
Please be advised that all emergency power will be off during this installation, and
you will need to make arrangements to transfer 911 and all other emergency systems
prior to sttiing this work.
cc: Jack Maxwell
Pat Clyne
10125 N.W. 116th Way, #14 . Miami, Florida 33178
ph: 305.884.5311 fx: 305.884.2192 l CC97E000013 EC0000908
Jun-05-00 08t13A KUHNS P-08Y
June 2.2000 Proposal
01322037
VIA FAX-561 -746-3602
Commander Ernie Carr
PALM BEACH GARDENS POLICE DEPARTMENT
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Transfer Switch Replacement
Dear Commander Carr.
For your consideration, Meisner Electric is pleased to provide this scope of work to furnish and insl;~lt t11(;
electrical portion of the above referenced project. This scope is based upon and in accordance wtth
verbal direction, engineered specifications and site visit with Howard Kuhns.
The following proposal is for the removal of an existing transfer switch, relocation and installation of ono
(1) new ASCO, 7000 series transfer switch with isolating by-pass functions. This new transfer switcll to IX!
rated 400 amps, 277/480 volts 4 poles with a switched neutral. Catalog number 7A-TBC-3400-N5C.
ASCO standard warranty applies, 2 years parts and labor. 5 years parts, and 10 years main contacts.
Delivery on an ASCO 7000 series ATS is approximately 9 weeks from order release.
Please note: The original electrical warranty on this building may become void due to this installation
Meisner Electric Inc. is only responsible for the warranty of the work described in this proposal
This proposat specifically includes:
I.Remove interior of existing ATS.
2.Furnish and install one (I) ASCO 7000 series ATS as described above.
3.Furnish and install two (2) conduits (4” emt) and cable (four (4) 350 kcmil and one (1) ##l groctrld)
from existing ATS cabinet to new ASCO ATS.
4.Furnish and install four (4) conduits (2 1’2” emt) and cable (three (3) 310 and one (1) #3 grour#
from existing ATS cabinet to new ASCO ATS.
5.Furnish and install conduit (3/4” emt) and cable (five (5) #12’s) from existing ATS cabinet lo IIW
ASCO ATS.
6.Provide ASCO technician for start up assistance.
7.Remove and relocate existing lighting contactor above paneliPNHIA.
This proposal specifically excludes:
1.Bonds (if performance payment bond is required, add 1.5% to base bid amount)
2.Engineering, design or utility company fees.
3. Permit fees
4.Upgrades or corrections to hidden or unforeseen code violations.
5. Generator fuel.
Jyn-05-00 08:14A KUHNS
.’
Transfer Switch Repfacement
June 2.2000
Page 2
Builder’s Risk Insurance coverage is specifically not included in this proposal and shall bc:
provided by the owner and/or contractor. and shall name Meisner Electric inc. as an addition:!1
Insured.
This proposal excludes any acceleration costs not caused by Meisner Electric and is figured al a 40 twr
work week.
This proposal will be subject to a subcontract form acceptable to Meisner Electric and is yood for ihirly
days.In the event of a successful bid tabulation, this scope of work shall be incorporated in a subco~\\r~rcl
form acceptable to Meisner Electric.
Your consideration of our firm for completing the subcontract work IS valued and appreciated. Plerw (10
not hesrtate to contact us if you have any questions regarding our proposal.
Total Bid Cost: $31,725.00
Respectfully submitted,
MEISNER ELECTRIC INC.
Dean Strauss
Project Engineer
OSish
P-09
cc:Tim Onnen. MEI
Mark McCormick. MEI
Renie Snook, MEI
Eric Cesaretti, MEI
File ds0622037