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HomeMy WebLinkAboutAgenda Council Agenda 060304 City of Palm Beach Gardens Council Agenda June 03, 2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Mayor Jablin Council Member Delgado Vice Mayor Russo Council Member Levy CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 03, 2004 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. (Page 7) Citizen Mobil Patrol Program. b. (Page 18) Relay for Life Award. V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 21) Resolution 110, 2004 – Financial Assistance Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a financial assistance agreement with Palm Beach County for median beautification along Northlake Boulevard and Military Trail as part of the “Only Trees, Irrigation, and Sod” (OTIS) program; and providing an effective date. b. (Page 39) Resolution 111, 2004 – Financial Assistance Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a financial assistance agreement with Palm Beach County for median beautification on Military Trail as part of the Keep Palm Beach County Beautiful Grant Program; and proving an effective date. c. (Page 55) Resolution 112, 2004 – Joint Participating Agreement and Memorandum of Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Joint Participation Agreement and Maintenance Memorandum of Agreement with the Florida Department of Transportation for median beautification on Military Trail as part of the Keep Palm Beach County Beautiful Grant Program; and providing an effective date. d. (Page 78) Resolution 113, 2004 – Easement Deed in favor of Seacoast Utility Authority. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an Easement in favor of Seacoast Utility Authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the Easement premises; authorizing the Mayor and City Clerk to execute said Easement; and providing an effective date. e. (Page 87) Resolution 127, 2004. Opposing El Paso Seafarer Natural Gas Transmission Pipeline. A Resolution of the City Council of the city of Palm Beach Gardens, Florida opposing the construction of the El Paso Seafarer natural gas transmission pipeline; and providing an effective date. f. (Page 93) Proclamation – World War II Veterans Recognition Day. IX. PUBLIC HEARINGS: QUASI: a. (Page 94) Ordinance 16, 2004 – Weiss School Renovations. (1st reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 7.76 acres, more or less, located on the South side of Burns Road, approximately one-half mile East of Military Trail, as described more particularly herein, from Research & Light Industrial Park (M-1) to Planned Unit Development (PUD) overlay with an underlying zoning of Research & light Industrial Park (M-1) to be known as the Weiss School PUD; proving for revisions to the zoning district map; and providing an effective date. Resolution 108, 2004 is a companion Item to Ordinance 16 and will require Council action at second reading. Resolution 108, 2004 – Weiss School Renovations. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the development plan petition of the Nexus Design Group, agent for Weiss School Inc., for the 7.76 acre properly located on the South side of Burns Road, approximately one-half mile East of Military Trail, as described more particularly herein, to allow for renovations to the existing school site and the conversion of 25, 995 square feet of office use to school use; granting conditional use approval for a private school; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Page 163) Resolution 109, 2004 - Frenchman’s Creek Side Setback Waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a waiver from City Code Section 78-141, Residential Zoning Districts, to allow for the expansion or construction of patio/villa units to extend to the side property line abutting non-residential property within the Frenchman’s Creek Planned Community Development ({PCD); and providing an effective date. c. (Page 171) Ordinance 23, 2004 - relating to the zoning for the Donald Ross Village PUD (1st reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 53, 2002 relating to the zoning for the Donald Ross Village Planned Unit Development (PUD) to transfer and amend the conditional use approval, site plan approval, and related conditions through a separate resolution; and providing an effective date. Resolution 125, 2004 and Resolution 115, 2004 are companion items to Ordinance 23 and will require Council action at second reading. Resolution 125, 2004 - Amendment to the development plans for the Donald Ross Village PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the development plans for the Donald Ross Village Planned Unit Development (PUD) generally bounded by Donald Ross road to the north, Central Boulevard to the west, and Military Trail to the east, as more particularly described herein; providing for additional waivers; providing for an amended to conditions of approval; and providing an effective date. Resolution 115, 2004 – Donald Ross Village PUD – approval of site preserve. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a request by Donald Ross / Military, L.C., for a upland preserve set aside for Donald Ross Village Planned Unit Development (A.K.A. Parcels 4.02 and 4.04) to be located on a 3.09-acre site on the Bee Line Highway, approximately 1.25 miles North of PGA Boulevard; as more particularly described herein, providing for conditions of approval; and providing an effective date. PART II – NON-QUASI a. (Page 337) Ordinance 17, 2004. (2nd reading) Boards, Committees and Commissions. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Boards and Committees; repealing Article III of Chapter 2, Code of Ordinances entitled “Boards, Committees and Commissions” in its entirety; repealing Article II of Chapter 46, entitled “Parks And Recreation Advisory Board” in its entirety; repealing Sections 78-22 And 78-23, Code of Ordinances entitled “Planning and Zoning Commission” and “Board of Zoning Appeals,” respectively, in their entirety; repealing Subsections 78- 261(C)(1) & (3) and Subsections 78-262(E)(1) & (2) in their entirety; renumbering Sections 2- 172, 2-173 and 2-174 collectively, Code of Ordinances to be Section 78-56, Code of Ordinances to be entitled “Administrative Appeals”; Creating a New Chapter to be entitled “Boards and Committees” to establish general policies and procedures for Boards and Committees; creating the Art in Public Places Advisory Board; Creating the Community Aesthetics Board; Creating the Economic Development Advisory Board; Creating the Parks and Recreation Advisory Board; creating the Planning, Zoning, and Appeals Board; providing a purpose, powers and duties, membership, and meetings for such boards; modifying certain references throughout the Code of Ordinances; providing for Codification; and providing an effective date. Resolution 120, 2004 and Resolution 121, 2004 are companion items to Ordinance 17, 2004 and will require Council action. Resolution 120, 2004 – Education Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida creating the Education Advisory Committee; providing a purpose, powers and duties, membership, and meeting; and providing an effective date. Resolution 121, 2004 –Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida creating the Budget Oversight Committee; providing a purpose, powers and duties, membership, and meetings; and providing an effective date. X. RESOLUTIONS: a. (Page 370) Resolution 61, 2004 - South Florida Blood Bank AIPP (Art in Public Places). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the art in public places for the Blood Bank office building located on Phase I of the Banyan Tree Planned Unit Development (PUD), as more particularly described herein; providing for conditions of approval; and providing an effective date. XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (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. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 26,2004 Meeting Date: June 3,2004 Sub j ect/Agenda It em: Palm Beach Gardens Police Department - Citizens Mobile Patrol [ ] Recommendation to APPROVE I J Recommendation to DENY Reviewed by: City Attorney Gd I Department Director Originating Dept.: Police Department Advertised: Date: Paper: [ 3 Not Required Affected parties [ ]Notified [ ] Not required costs: $ (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ 3 Approved [ ]Approved w/ conditions [ ]Denied [ ] Continued to: Attachments: Memorandum fiom Police Department dated May 26, 2004. Power Point presentation [ ]None Date Prepared: May 26,2004 Meeting Date: June 3,2004 BACKGROUND: The Citizens Mobile Patrol is made up of volunteers within the community partnering with the Police Department to provide additional resources in an effort to prevent and deter crime within the City. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council Members DATE: May 26,2004 FROM: Chief Stephen J. Stepp THROUGH: City Manager Ron Ferris SUBJECT: & Presentation - Citizens Mobile Patrol The Police Department is ready to implement a Citizens Mobile Patrol program and would like to present a brief Powerpoint presentation at the June 3,2004 Council meeting to explain the program. We plan to start the program this summer, if approved. I will be out of town during that time and Major Ernie Carr will be Acting Chief at that time and will be attending the meeting. SJS/amm cc: City Clerk Patty Snider Major Ernie Carr e u Q 3 u 0 0 Q 3 c/) Q e 9 3 X c) QQ 0 F 2 Lu N i= L a 4 n cn S Q) N B- .cI 0 I P Ul s a a . Ul S U S m a e 3 m 0) c cn cn cn rn - .I CI .I .- I e a, a, ,c ,c CI 5 CI t a, 0 cn t 0 .- .I 3 C E 0 0 .I 8 - 0 n . 6 z i: 0 Y- CI c E a, 0 rn Q a, - L a CI c ‘t: as Q a, E .I 8 n n - 0 r 0 c1 5 U 0 0 0 a c u) a, z \ E .I L u) 0 2 0 CI cn c a N .- CI .- 0 CI c a, 0 c w m J E 2 Y- 3 ” ” a i a, 0 a, 0 0 a. 0 c cn m c ICJ c a P a. .I - A W W 0 2 III z W W a U c 3 0 SQ cn L Q (21 0 m- QL oa, cn t 0 C S L 0 cn 3 LL I. 0 S t 0 (21 a, - L S m L a, 5 I. - a, L (21 m- + cn cn m- 2 L. U 0 > mm S (21 S m- 0 0 0 - 0 a, m m 0 II cn a, )r I$) (v t5 cn S a, U t5 (3 c 0 m a, a E - m a. I. 0 - I= a, U mm E L 0 I. L a, > m mm 3 U S m S 0 mm U m- - Q Q m- E m- m a, U E 0 0 )r m= -cn a, Q a,Z - E 0 0 a a, 0 0 3 cf) x 0 a, c 0 m m 0 m L FL S S m mm m- L * mm c a. 2 c) a, c - a, a, 0, * - E 0 c) E cn S a, U t5 c3 c 0 m a, m E - m a. 0 c) m cn a, 0 m- mm - 0 Q S lz - E m Q a, a, 0 n mm - 0 a. 0 0 0 0 0 0 mu -(\I 0 0 COL -0 0- 0 cn L 3 0 _c - 0 m CL a, 4 L I - 1 c i! S 0 > S a, L mm v) S a, 0 I. I. *- - 0 m *- I - a, m 1 L 0 8- > h m 3 I *m - a, E *- L 0 t 3 0 - 3 m U S m Q) Q) '53 S U a, a, 0, L F- a U tk a, c I L E Y Y m v) a cn m a, a, ts n a, cn m a> S 5 S m S mm - *m sr a, me -0 s- *m mm s PL - 0 0 0 0 0 7- rl Q Q a, 5 7 S a, r Q a, 5 I. a, .- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 26,2004 Meeting Date: June 3,2004 Subject/Agenda Item: Presentation - Relay for Life [ ] Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: City Attorney Submitted by Department Director City Mahager Originating Dept.: Community rvice @ Advertised: Date: Paper: [ X 3 Not Required Aff'ected parties [ ]Notified - [ 3 Not required costs: s (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ 3 Approved [ ]Approved wl conditions [ ] Denied [ 1 Continued to: Attachments: Memo fiom Community Services dated May 26, 2004 [ ]None Date PMpared: May 26,2004 Meetiq Date: June 3,2004 BACKGROUND: Relay for Life is the American Cancer Society's signature event that offers communities an opportunity to participate in the fight against cancer. The May 2 1' and May 22"d event was hosted by the City of Palm Beach Gardens and to show their appreciation, the Executive Director will be presenting a plaque to the City. CITY OF PALM BEACH GARDENS Community Services MEMORANDUM TO: Mayor and Council Members DATE: May 26,2004 FROM: THROUGH: Ron Ferris, City Manager SUBJECT: Jack Doughney, Community Services Administrator Presentation - Relay for Life On May 21 and May 22, the American Cancer Society Relay for Life was hosted by the City of Palm Beach Gardens at the City Hall Plaza. Relay for Life is the American Cancer Society’s signature event that offers communities an opportunity to participate in the fight against cancer. The Relay was 18 hours in length and lasted overnight. Final fundraising totals will be announced at the Council meeting on June 3,2004. The Executive Director, Susan Cupp, will be present at the meeting to honor the City will a plaque she would like to present to Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 12,2004 Meeting Date: June 3,2004 Resolution: 1 IO, 2004 SubjecVAgenda Item: Resolution 1 IO, 2004 -Approve a financial assistance agreement with Palm Beach County for beautification of medians on Northlake Boulevard from Military Trail west to Green Meadows Way and Military Trail at Lillian Avenue as part of the "Only Trees, Irrigation, and Sod" Program Master Plan in the amount of $95,000 (total project cost). [ X ] Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: City Attorney Finance w Administrator Civil Engine $ Community Services Administrator Department Director Originating Dept.: Angela Wong Projects Manager Community Services Department Advertised: N/A Date: Paper: [ x ] Not Required Affected parties [ ] Notified : x ] Not required Costs: $95,000.00 (Total) $95.000.00 Current FY Funding Source: [ 3 Operating [ X ] Other Capital Project Budget Acct.#: DO1 -2080-51 9.6935 Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Location Map 0 Resolution 1 IO, 2004 0 Exhibit A: PBC Financial Assistance Agreement [ ]None BACKGROUND: Resolution 110, 2004 approves a financial assistance agreement with Palm Beach County for the beautification and maintenance of certain County medians within the city. As part of the city's ongoing median beautification efforts, staff initiated discussions with County staff regarding approximately .6 miles of medians on Northlake Boulevard from Military Trail west to approximately Green Meadows Way that have minimal landscaping and are modestly maintained. County staff also proposed that the city consider an additional median on Military Trail just south of the city limit in a County pocket for xeric landscaping and maintenance. Irrigation will not be provided at this time to this median; however, the medians on Northlake Boulevard will be irrigated. The financial assistance agreement provides funds for the beautification of these medians via the County's OTIS (Only Trees, Irrigation, and Sod) Program in an amount not to exceed $95,000. After installation, the City will assume maintenance responsibilities and incorporate these areas into the existing landscape maintenance contract. It is not unusual for a municipality to assume maintenance for County or even state ROW within the city's boundaries via an arrangement such as this as it provides the city with quality control over the aesthetics of the ROW and allows the city to improve and maintain highly visible areas to a more stringent standard than may be set by the County or State. The annual maintenance of the improvements is estimated at $3,500.00. City and County staff feel that this agreement is mutually beneficial and an efficient way to accomplish the following as outlined in the City's code of ordinances, Chapter 78, Land Development, Division 8, Landscaping, See. 78-301 : 0 0 0 0 0 Improve and sustain the aesthetic appearance of the city. Improve air and water quality by such natural processes as transpiration and the maintenance of permeable land areas for aquifer recharge. Buffer noise and reduce pollution through the filtering capacity of living trees and vegetation. Promote energy conservation through the creation of shade, which reduces heat gain on paved areas and channel breezes to facilitate the natural cooling of buildings. Conserve freshwater resources through the use of drought-tolerant plants and mulch and by utilizing water efficient irrigation systems. Date Prepared: May 12,2004 Meeting Date: June 3, 2004 Resolution: 11 0, 2004 City staff was awarded beautification projects agreements this fiscal two Keep Palm Beach County Beautiful, Inc. (KPBCB) grants in FY 2003 for median along Military Trail. Construction will commence upon approval of those funding year. Staff is also preparing an application to KPBCB for median beautification on Northlake Boulevard from Green Meadows Way west to the Florida Turnpike. If awarded, the entire stretch of medians on Northlake Boulevard from Military Trail to the Florida Turnpike as well as Military Trail will be improved in accordance with City codes. Therefore, staff recommends approval of Resolution 1 IO, 2004 as presented. STAFF RECOMMENDATION: Approve Resolution 110, 2004 authorizing the execution of a financial assistance agreement with Palm Beach County for beautification of medians on Northlake Boulevard from Military Trail west to Green Meadows Way and Military Trail at Lilian Avenue as part of the "Only Trees, Irrigation, and Sod" Program Master Plan in the amount of $95,000. Palm Beach Gardens iMap Page 1 of2 (1 Palm Beach Gardens iMap Pnnted 05/12/2004 03 11 06 PM DISCLAIMER All information IS believed accurate but IS NOT auaranteed to be without error Thm map ana its Jndeny ng aata are inteiaed to be bsea as a gener naex to ana re atea nformation ana are not intenaea for detailea s te- specif c anaiyss http://pbgsgis/webgis/print.do?title=Palm+Beach+Gardens+iMap&paper=letter&orientatio... 5/12/2004 ~~~~ ~ Palm Beach Gardens iMap Page 1 of2 Palm Beach Gardens iMap +,LILLIAN AVE --. P DISCLAIMER All information is believed accurate but is NOT guaranteed to be without error This map and its underlying data are intended to be used as a general index to land related information and are not intended for detailed, site- specific analysis Pnnted 05/12/2004 03 02 21 PM http://pbgsgis/webgis/print.do?title=Palm+Beach+Gardens+iMap&paper=letter&orientatio. . . 5/12/2004 Date Prepared: May 12, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 11 0,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FINANCIAL ASSISTANCE AGREEMENT WITH PALM BEACH COUNTY FOR MEDIAN BEAUTIFICATION ALONG NORTHLAKE BOULEVARD AND MILITARY TRAIL AS PART OF THE “ONLY TREES, IRRIGATION, AND SOD” (OTIS) PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has expressed its desire to beautify all public road rights-of-way through the adoption of a Roadway Beautification Plan and the creation of minimum standards for installing and maintaining landscaping; and WHEREAS, the City Council finds a direct public benefit in the beautification of state and county roads throughout the City of Palm Beach Gardens; and WHEREAS, the City has identified medians that are in need of landscaping and irrigation located on Northlake Boulevard from .6 miles west of Military Trail to Military Trail, and xeric landscaping on Military Trail from Lillian Avenue north to approximately 300 feet south of Northlake Boulevard, which are currently scheduled for implementation under the County’s Only Trees, Irrigation, and Sod (OTIS) Program Master Plan; and WHEREAS, the County desires to contribute funding planned for the OTIS projects to the City for its inclusion into the City’s beautification efforts in an amount not to exceed $95,000; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to enter into said agreement with Palm Beach County, which is attached hereto as Exhibit “A.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the financial assistance agreement between the City of Palm Beach Gardens and Palm Beach County and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. Date Prepared: May 12, 2004 Resolution 1 10, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Eric Jablin, Mayor BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLl N VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\PBC OTIS - reso I IO 2004.doc 2 Date Prepared: May 12, 2004 Meeting Date: June 3,2004 Resolution: 1 IO, 2004 EXHIBIT A Palm Beach County Financial Assistance Agreement CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 1 FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF PALM BEACH GARDENS 2 NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 3 4 5 6 7 8 9 10 11 12 13 14 efforts by CITY; and 15 16 17 18 19 2 o 21 efforts; and 22 WHEREAS, the COUNTY believes that these efforts by CITY serve a public 23 purpose in the enhancement of the appearance of these rights of way and wishes 24 to support CITY'S efforts to install the IMPROVEMENTS by providing reimbursement 25 funding for a portion of the cost of the IMPROVEMENTS from COUNTY's OTIS 26 Program budget, in a total amount not to exceed NINETY-FIVE THOUSAND AND 27 001100 DOLLARS ($95,000.00), with a maximum reimbursement of NINETY 28 THOUSAND DOLLARS AND 001100 DOLLARS ($90,000) for IMPROVEMENTS on 2 9 Northlake Boulevard, and a maximum reimbursement of FIVE THOUSAND DOLLARS 3 o AND 00/100 DOLLARS ($5,000.00) for IMPROVEMENTS on Military Trail; and THIS INTER-LOCAL AGREEMENT is made and entered into this day of ,2004, by and between the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, hereinafter "CITY ", and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY". W ITN E S S ET H: WHEREAS, the CITY wishes to install landscaping and irrigation in the medians of COUNTY's Northlake Boulevard from .6 mile west of Military Trail to Military Trail, and unirrigated xeric landscaping in one grassy median of the State's Military Trail from Lillian Avenue north to approximately 300 feet south of Northlake Reliever (hereinafter "IMPROVEMENTS") as elements of larger-area beautification WHEREAS, COUNTY shows the foregoing roadway segments on its funded OTIS (Only Trees, Irrigation, and Sod) Program Master Plan for implementation and maintenance by COUNTY at a future time; and WHEREAS, it would be mutually beneficial and more efficient for COUNTY to contribute funding planned for COUNTY's OTIS projects to CITY for their inclusion of the OTIS project areas (as IMPROVEMENTS) into CITY'S larger-area beautification -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION WHEREAS, the above maximum funding amount is the estimated amount that COUNTY would have spent to install OTIS on Northlake Boulevard, plus a reasonable allowance for the CITY-proposed unirrigated xeric landscaping on Military Trail; and WHEREAS, after installation, CITY will be responsible for the perpetual maintenance of the IMPROVEMENTS; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. 2. The above recitals are true, correct and are incorporated herein. The COUNTY agrees to provide to CITY reimbursement funding for documented costs from COUNTY’S OTIS Program budget, in a total amount not to exceed NINETY-FIVE THOUSAND AND 00/100 DOLLARS ($95,000.00) for CITY’S IMPROVEMENTS, with a maximum reimbursement of NINETY THOUSAND DOLLARS AND 001100 DOLLARS ($90,000) for IMPROVEMENTS on Northlake Boulevard, and a maximum reimbursement of FIVE THOUSAND DOLLARS AND 00/100 DOLLARS ($5,000.00) for IMPROVEMENTS on Military Trail. 3. The COUNTY agrees to reimburse CITY the amount established in paragraph 2 for costs (materials and labor) associated with installation of the IMPROVEMENTS, upon CITY ’s submission of acceptable documentation needed to substantiate their costs for the IMPROVEMENTS. The COUNTY will use its best efforts to provide said funds to CITY on a reimbursement basis within forty-five (45) days of receipt of all information required in Paragraph 6, below. 4. The COUNTY’S obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration for the installation of the IMPROVEMENTS, including payment@) to contractor(s), pursuant to all applicable governmental laws and regulations and will complywith all applicable governmental landscaping codes and permitting requirements in the selection and installation of the IMPROVEMENTS. CITY agrees to install the IMPROVEMENTS substantially in accordance with the CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 1 plans, specifications and costs as approved in the permitting process by the 2 3 4 5 6 7 8 6. CITY will obtain or provide all labor and materials necessary for the 9 installation of the IMPROVEMENTS. The COUNTY shall have the final determination 10 of eligibilityfor reimbursement. CITY shall furnish the Manager, Streetscape Section, COUNTY andlor State, as appropriate. Otherwise, the COUNTY will have the final determination of the eligibility for reimbursement of any changes. Substantial variations from the submitted plans shall require prior written approval from the County Engineer’s Office. The final permit drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY’S Streetscape Standards Manual. 11 12 13 14 15 16 17 18 of the COUNTY’S Department of Engineering and Public Works with a request for payment supported by the following: a. Astatement from a Florida Registered Landscape Architect that the IMPROVEMENTS have been inspected and were installed substantially in accordance with the permitted plans for the IMPROVEMENTS, and; b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit “A’ (pages 1 and 2) which are required for each and every 19 20 21 reimbursement requested by CITY. Said information shall list each invoice payable by CITY and shall include the vendor invoice number, invoice date, and the amount payable by CITY . CITY shall attach a 22 copy of each vendor invoice paid by CITY along with a copy of the 23 respective check and shall make reference thereof to the applicable 24 item listed on the Contractual Services Purchases Schedule Form. 25 26 27 I 28 indicated. Further, the Program Administrator and the Program Financial Officer for CITY shall also certify that each vendor invoice listed on the Contractual Services Purchases Schedule Form was paid by CITY as -3- I, I CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 1 2 3 4 5 6 8. CITY agrees to be responsible for the perpetual maintenance of the 7 IMPROVEMENTS following the installation and shall be solely responsible for 8 obtaining and complying with all necessary permits, approvals, and authorizations 9 from any federal, state, regional, or COUNTY agency which are required for the io subsequent maintenance of the IMPROVEMENTS. 11 12 13 14 15 Agreement as provided herein. 16 17 18 7. CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the IMPROVEMENTS for at least three (3) years after the completion of such IMPROVEMENTS. COUNTY shall have access to all books, records and documents as required in this Section for the purpose of inspection or audit during normal business hours. 9. All installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than June 30,2005, and the COUNTY shall have no obligation to CITY or any other entity or person for any cost incurred thereafter unless the time for completion is extended by modification of this IO. In the event a claim or lawsuit is brought against COUNTY, its officers, employees, servants, or agents relating to the IMPROVEMENTS with regard to responsibilities of the CITY, CITY agrees without waiver of the limitation as provided 19 2 o 2 1 22 23 responsibility of CITY. 24 11. for in Section 768.28, Florida Statutes, and to the extent permitted by law to indemnify and hold harmless COUNTY, its officers, employees, servants, or agents from and against any claims, resulting or emanating out of the terms and conditions contained in this Agreement relating to any part of the IMPROVEMENTS that is the CITY shall, at all times during the term of this Agreement (the 2 5 installation and existence of the IMPROVEMENTS), maintain in force its status as an 2 6 insured municipal corporation. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 12. As provided in F.S. 287.132-133, by entering into this Agreement or performing anywork in furtherance hereof, CITY certifies that its affiliates, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 13. CITY shall require each contractor engaged by CITY forwork associated with this Agreement to maintain: a. Workers’ Compensation coverage in accordance with Florida Statutes, and; b. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION AND 00/100 DOLLARS ($1,000,000.00). The COUNTY shall be included in the coverage as an additional insured. c. A payment and performance bond for the total amount of the improvements in accordance with Florida Statute 255.05. In the event of termination, CITY shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the contract by CITY; and the COUNTY may withhold any payment to CITY for the purpose of set-off until such time as the exact amount of damages due the COUNTY is determined. In the event CITY elects to discontinue its maintenance obligation for the IMPROVEMENTS under this Agreement, it shall be the obligation of CITY to restore, if necessary, the area of the IMPROVEMENTS on the COUNTY’S rights-of- way to a condition acceptable to the County Engineer, which shall be in accordance with Federal, State and COUNTY standards for road construction and/or maintenance. In the event CITY fails to restore the area of the IMPROVEMENTS to a condition acceptable to the County Engineer, the COUNTY may undertake such restoration and CITY shall be liable for the costs of such restoration. 14. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 15. CITY 's termination of this AGREEMENT shall result in all obligations of the COUNTY for funding contemplated herein to be canceled. 16. The COUNTY and CITY agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of the Agreement. 17. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 18. All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: AS TO THE COUNTY Manager, Streetscape Section Palm Beach County Department of Engineering and Public Works Post Office Box 21229 West Palm Beach, Florida 33416-1229 AS TO CITY City Manager City OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, Florida 33410 19. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. -6- 1 CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 1 20. Any costs or expenses (including reasonable attorney’s fees) 2 associated with the enforcement of the terms and conditions of this Agreement 3 shall be borne by the respective parties; provided, however, that this clause pertains 4 5 only to the parties to the Agreement. 21. Except as expressly permitted herein to the contrary, no modification, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 22. Each party agrees to abide by all laws, orders, rules and regulations and CITY will comply with all applicable governmental landscaping codes in the maintenance and replacement of the IMPROVEMENTS. 23. The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver, by any of the parties, of the liability limits established in Section 768.28, Florida Statutes. 24. CITY shall promptly notify the COUNTY of any lawsuit-related complaint, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event any of the 2 0 parties is in default of its obligations under this Agreement, the parties not in default 2 1 shall provide to the defaulting party thirty (30) days written notice before exercising 22 any of their rights. 23 24 25 26 2 7 28 26. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 27. This Agreement represents the entire understanding among the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. -7- CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 1 28. A copy of this Agreement shall be filed with the Clerk of the Circuit 2 3 Court in and for Palm Beach County, Florida. 29. This Agreement shall take affect upon execution and the effective date 4 shall be the date of execution. 5 INTENTIONALLY LEFT BLANK -a- CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION 1 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective 2 on the date first above written. 3 CITY OF PALM BEACH GARDENS 4 (CITY SEAL) 5 CITY OF PALM BEACH GARDENS, BY ITS CITY COUNCIL 6 ATTEST: 7 By: By: 8 CITY CLERK MAYOR 9 io APPROVED AS TO FORM AND LEGAL SUFFICIENCY 11 By: 12 -CITY ATTORNEY 13 14 15 16 (COUNTY SEAL) 17 18 ATTEST: PALM BEACH COUNTY PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS 19 DOROTHY H. WILKEN, CLERK 20 21 By: By: 22 DEPUTY CLERK KAREN T. MARCUS, CHAIR 23 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 24 By: 25 ASSISTANT COUNTY ATTORNEY 26 APPROVED AS TO TERMS AND CONDITIONS 27 28 BY: 29 30 F:\MEDIAN\ASHU003AGMTS\PBGMT&NW<E031204.WPD -9- - PALM BEACH COUNTY Exhibit A ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST Grantee (Project) Request Date Billing # Billing Period PROJECT PAYMENT SUMMARY Item Project Costs Cumulative This Billing Project Costs Total Project Costs Consulting Services Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture Certification: I hereby certify that the above were incurred for the work identified as being accomplished in the attached progress reports. Administrator/Date Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Financial OfficedDate PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage (-YO) County funds previously disbursed County funds due this billing Reviewed and Approved by: PBC Project AdministratodDate Assistant County Engineer or Fiscal Managermate Page 1 of 2 a4 Y M fi 1 F4 .I d c CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 12, 2004 Meeting Date: June 3, 2004 Resolution: 1 I I, 2004 Subject/Agenda Item: Resolution 11 1, 2004 - Approve a financial assistance agreement with Palm Beach County for beautification of medians on Military Trail from 1-95 north to the EPB-3 Canal as part of the Keep Palm Beach County Beautiful Grant Program in the amount $66,679. Total project cost is estimated at $133,358. [ X ] Recommendation to APPROVE I1 Recommendation to DENY ieviewed by: / Zity Attorney Finance Administrator P / Civil Engin 4 Community sew Administrator Department Director City Managkr Originating Dept.: 4ngela Wong Projects Manager Community Services Department Advertised: N/A Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required Costs: $1 33.358.00 (Total) $1 33,358.00 Current FY Funding Source: [ ]Operating [ X ] Other Capital Project Budget Acct.#: 001 -2080-51 9.6935 :ouncil Action: ] Approved ]Approved wl conditions ] Denied : ] Continued to: Attachments: Location Map Resolution 11 1, 2004 Exhibit A: PBC Financial Assistance Agreement ] None Date Prepared: May 12,2004 Meeting Date: June 3,2004 Resolution: 1 11,2004 BACKGROUND: The City was awarded a grant through the Keep Palm Beach County Beautiful (KPBCB) program in an amount not to exceed $66,679, which is half of the total project cost estimated at $1 33,358.00, for beautification of certain medians along Military Trail from 1-95 to the EPB-3 Canal. Resolution 11 1, 2004 approves a financial assistance agreement with Palm Beach County for such improvements. After installation, the City will assume maintenance responsibilities and incorporate these areas into the existing landscape maintenance contract. This venture will provide the city with quality control over the aesthetics of the right-of- way, and allows the city to improve and maintain highly visible areas to a more stringent standard than may be set by the County or State. The annual maintenance of the improvements is estimated at $5,800.00. City and County staff feel that this agreement is mutually beneficial and an efficient way to accomplish the following as outlined in the City’s code of ordinances, Chapter 78, Land Development, Division 8, Landscaping, Sec. 78-301 : 0 0 0 0 0 Improve and sustain the aesthetic appearance of the city. Improve air and water quality by such natural processes as transpiration and the maintenance of permeable land areas for aquifer recharge. Buffer noise and reduce pollution through the filtering capacity of living trees and vegetation. Promote energy conservation through the creation of shade, which reduces heat gain on paved areas and channel breezes to facilitate the natural cooling of buildings. Conserve freshwater resources through the use of drought-tolerant plants and mulch and by utilizing water efficient irrigation systems. Construction will commence upon approval of the funding agreement. Another segment of the Military Trail from Lilac Street south to Square Lake Drive S. is also scheduled for median beautification through a separate KPBCB grant award, which will be implemented during the same time line. Staff is also preparing an application to KPBCB for median beautification on Northlake Boulevard from Green Meadows Waywest to the Florida Turnpike. If awarded, the entire stretch of medians on Northlake Boulevard from Military Trail to the Florida Turnpike as well as Military Trail will be improved in accordance with City codes. Therefore, staff recommends approval of Resolution 11 1, 2004 as presented. STAFF RECOMMENDATION: Approve Resolution 11 1, 2004 authorizing the execution of a financial assistance agreement with Palm Beach County for beautification of medians on Military Trail from 1-95 north to the EPB-3 Canal as part of the Keep Palm Beach County Beautiful Grant Program in the amount $66,679. Palm Beach Gardens iMap Page 1 of2 Palm Beach Gardens iMap DISCLAIMER All information is believed accurate but is NOT guaranteed to be without error This map and its underlying data are intended to be used as a general index to land related information and are not intended for detailed, site- specific analysis Pnnted 05/13/2004 01 41 27 PM http://pbgsgis/webgis/print.do?title=Palm+Beach+Gadens+iMap&paper=leer&oentio. . . 5/13/2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 11 1,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FINANCIAL ASSISTANCE AGREEMENT WITH PALM BEACH COUNTY FOR MEDIAN BEAUTIFICATION ON MILITARY TRAIL AS PART OF THE KEEP PALM BEACH COUNTY BEAUTIFUL GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has expressed its desire to beautify all public road rights-of-way through the adoption of a Roadway Beautification Plan and the creation of minimum standards for installing and maintaining landscaping; and WHEREAS, the City Council finds a direct public benefit in the beautification of state and county roads throughout the City of Palm Beach Gardens; and WHEREAS, the City was awarded a grant in the amount of $66,679 from Palm Beach County through the Keep Palm Beach County Beautiful Program for medians located on Military Trail from 1-95 north to the EPB-3 Canal that are in need of landscaping and irrigation; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to enter into said agreement with Palm Beach County, which is attached hereto as Exhibit “A.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the financial assistance agreement between the City of Palm Beach Gardens and Palm Beach County and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 13, 2004 Resolution 11 1, 2004 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK --- --- --- COUNCILMEMBER DELGADO --- COUNCILMEMBERLEVY --- \\pbgstile\Attorney\attorney-share\RESOLUTIONS\PBC Military Tr - reso 11 1 2004.doc 2 Date Prepared: May 12,2004 Meeting Date: June 3,2004 Resolution: I1 1, 2004 EXHIBIT A Palm Beach County Financial Assistance Agreement CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 FINANCIAL ASSISTANCE AGREEMENT WITH CITY OF PALM BEACH GARDENS FOR MILITARY TRAIL BEAUTIFICATION IMPROVEMENTS THIS INTER-LOCAL AGREEMENT is made and entered into this day of , 2004, by and between the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, hereinafter “CITY”, and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter “COUNTY.” WIT N E SS ET H: WHEREAS, CITY is undertaking the installation of beautification improvements, including, but not limited to, landscaping and irrigation, on COUNTY’S Military Trail from 1-95 north to EPB-3 Canal, hereinafter “IMPROVEMENTS”; and WHEREAS, CITY applied for this county funded grant thru Keep Palm Beach County Beautiful; and WHEREAS, COUNTY believes that the IMPROVEMENTS serve a public purpose in the enhancement of the appearance of the right of way and wishes to support those efforts by providing a reimbursement contribution for fifty percent (50%) of the cost of improvements, such contribution not to exceed a maximum of SIXTY SIX THOUSAND SIX HUNDRED SEVENTY NINE and 00/100 DOLLARS ($66,679.00) to CITY for the installation of the IMPROVEMENTS; and WHEREAS, during and after installation, CITY will be responsible for the perpetual maintenance of the IMPROVEMENTS; and NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. 2. The above recitations are true, correct, and are incorporated herein. COUNTY agrees to reimburse CITY for fifty percent (50%) of the costs of the IMPROVEMENTS, not to exceed a maximum amount of SIXTY SIX THOUSAND SIX HUNDRED SEVENTY NINE and 00/100 DOLLARS ($66,679.00), whichever is less, of the cost for the initial installation, to be used exclusively for the IMPROVEMENTS. COUNTY agrees to reimburse CITY the amount established in paragraph 3. 1 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION 2 for costs (materials and labor) associated with installation of the IMPROVEMENTS, upon CITY’S submission of acceptable documentation needed to substantiate their costs for the IMPROVEMENTS. COUNTY will use its best efforts to provide said funds to CITY on a reimbursement basis within forty-five (45) days of receipt of all information required in Paragraph 6, below. 4. COUNTY’S obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration for the installation of the IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable governmental laws and regulations and will complywith all applicable governmental landscaping codes and permitting requirements in the selection and installation of the IMPROVEMENTS. CITY agrees to install the IMPROVEMENTS substantially in accordance with the plans, specifications and costs as approved in the permitting process by COUNTY. CITY also agrees to assume financial responsibility for the completion of any portions of the IMPROVEMENTS that are not fully-funded by the amount set forth in Paragraph 2, above. Otherwise, COUNTY will have final determination of the eligibility for reimbursement of any changes. Substantial variations from the permitted plans shall require prior written approval from County Engineer’s Office. The final drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY’S Streetscape Standards. 6. CITY will obtain or provide all labor and materials necessary for the design and installation of the IMPROVEMENTS. COUNTY shall have the final determination of eligibility for reimbursement. CITY shall furnish the Manager, Streetscape Section, of COUNTY’S Department of Engineering and Public Works with a request for payment supported by the following: a. A statement from a Florida Registered Landscape Architect that the IMPROVEMENTS have been inspected and were installed substantially in 2 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION accordance with the permitted plans for the IMPROVEMENTS, and; b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and incorporated herein as Exhibit “A” (pages 1 and 2) which are required for each and every reimbursement requested by the CITY. Said information shall list each invoice paid by CITY and shall include the vendor invoice number, invoice date, and the amount payable by CITY. CITY shall attach a copy of each vendor invoice paid by CITY along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, the Program Administrator and the Program Financial Officer for CITY shall also certify that each vendor invoice listed on the Contractual Services Purchases Schedule Form was paid by CITY as indicated. 7. CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the IMPROVEMENTS for at least three (3) years after the completion of such IMPROVEMENTS. COUNTY shall have access to all books, records and documents as required in this Section for the purpose of inspection or audit during normal business hours. 8. CITY agrees to be responsible for the perpetual maintenance of the IMPROVEMENTS following the installation and shall be solely responsible for obtaining and complying with all necessary permits, approvals, and authorizations from any federal, state, regional, or COUNTY agency which are required for the subsequent maintenance of the IMPROVEMENTS. 9. All installation of these IMPROVEMENTS shall be completed and final invoices submitted to the COUNTY no later than September 30, 2005, and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter unless the time for completion is extended by modifications of this Agreement as provided herein. IO. CITY recognizes that it is an independent contractor, and not an agent 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION or servant of COUNTY or its Board of County Commissioners. In the event a claim or lawsuit is brought against COUNTY, its officers, employees, servants or agents, relating to the IMPROVEMENTS or any item which is the responsibility of CITY, CITY hereby agrees to indemnify, save and hold harmless COUNTY, its officers, employees, servants or agents, and to defend said persons from any such claims, liabilities, causes of action and judgements of any type whatsoever arising out of or relating to existence of the IMPROVEMENTS or the performance by TOWN as may relate to this Agreement. CITY agrees to pay all costs, reasonable attorney’s fees and expenses incurred by COUNTY, its officers, employees, servants or agents in connections with such claims, liabilities or suits except as may be incurred due to the negligence of COUNTY. The indemnification herein is subject to F.S. 768.28. 11. CITY shall, at all times during the term of this Agreement (the installation and existence of the IMPROVEMENTS), maintain in force its status as an insured municipal corporation, and shall provide evidence of this insurance prior to COUNTY’S execution of this Agreement. 12. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, CITY certifies that its affiliates, suppliers, sub-contractors, and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 13. CITY shall require each contractor engaged by CITY forwork associated with this Agreement to maintain: a. Statutes, and; b. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLION AND 001100 DOLLARS ($1,000,000.00). COUNTY shall be included in the coverage as an additional insured. Workers’ Compensation coverage in accordance with Florida 4 ’ CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 c. A payment and performance bond for the total amount of the improvements in accordance with Florida Statue 255.05. In the event of termination, CITY shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of the contract by CITY; and COUNTY may withhold any payment to CITY for the purpose of set-off until such time as the exact amount of damages due COUNTY is determined. In the event CITY elects to discontinue its maintenance obligation for the IMPROVEMENTS under this Agreement, it shall be the obligation of the CITY to restore, if necessary, the area of the IMPROVEMENTS in COUNTY’S right-of-way to a condition acceptable to County Engineer, which shall be in accordance with Federal, State and COUNTY standards for road construction and/or maintenance. In the event CITY fails to restore the area of the IMPROVEMENTS to a condition acceptable to the County Engineer, COUNTY may undertake such restoration and CITY shall be liable for the costs of such restoration. 14. 15. CITY’S termination of this Agreement shall result in all obligations of COUNTY for funding contemplated herein to be canceled. 16. COUNTY and CITY agree that no person shall, on the grounds of race, color, national origin, sexual orientation, religion or creed, sex, age, or handicap be discriminated against in performance of the Agreement. 17. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 24 (INTENTIONALLY LEFT BLANK) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION 18. All notices required to be given under this Agreement shall be writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: COUNTY Manager, Streetscape Section Palm Beach County Department of Engineering and Public Works Post Office Box 21229 West Palm Beach, Florida 3341 6-1229 AS TO CITY City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 19. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy shall preclude any other or further exercise thereof. 20. Any costs or expenses (including reasonable attorney’s fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. 21. Except as expressly permitted herein to the contrary, no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 22. Each party agrees to abide by all laws, orders, rules and regulations and 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION CITY will comply with all applicable governmental landscaping codes in the maintenance and replacement of the IMPROVEMENTS. 23. The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver by COUNTY, by any of the parties, of the liability limits established in Section 768.28, Florida Statutes. 24. CITY shall promptly notify COUNTY of any lawsuit-related complaint, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. 25. The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of their rights. 26. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. 27. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. 28. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 29. This Agreement shall take affect upon execution and the effective date shall be the date of execution. 25 (INTENTIONALLY LEFT BLANK) 7 CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION 1 2 3 4 ITS BOARD OF COUNTY COMMISSIONERS BY ITS CITY COMMISSION IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the day first above written. PALM BEACH COUNTY, FLORIDA, BY CITY OF PALM BEACH GARDENS, 5 By: By: 6 KAREN T. MARCUS, CHAIR MAYOR 7 (COUNTY SEAL) 8 ATTEST: 9 DOROTHY H. WILKEN, CLERK 10 By: 11 DEPUTY CLERK 12 By: 13 APPROVED AS TO FORM AND 14 15 ASSISTANT COUNTY ATTORNEY LEGAL SU FFl Cl ENCY 16 By: 17 18 CONDITIONS APPROVED AS TO TERMS AND 19 F:\MEDIAN\JlW\KPBCBO344MGR-PBG_MIL.WPD 8 (CITY SEAL) ATTEST: By: CITY CLERK APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY CITY ATTORNEY PALM BEACH COUNTY Exhibit A ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST (Project) ;rant ee Request Date 3wg # Billing Period PROJECT PAYMENT SUMMARY :tern Zonsulting Services Tbtal Project Costs Cdmulative This Billing Praject Costs Project Costs Zontractual Services vlaterials, Supplies, Direct Purchases 3rantee Stock Zquipment, Furniture I -- - - - 1-1 rOTAL PROJECT COSTS Zertification: I hereby certify that the above were incurred for the work identified as being iccomplished in the attached progress reports. Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Financial OfficerDate PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage %) County fbnds previously disbursed County hds due this billing Reviewed and Approved by: PBC Project AdministratorDate Assistant County Engineer or Fiscal ManagerIDate Page 1 of 2 4) U z B i;i bD a Q) Q) c, 5 Q) a n" bl 0 u U E c a s CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 12,2004 Meeting Date: June 3, 2004 Resolution: 112,2004 SubjectlAgenda Item: Resolution 1 12, 2004 - Approve a joint participation agreement and maintenance memorandum of agreement with the Florida Department of Transportation for beautification of medians on Military Trail from Square Lake Drive S. north to Lilac Street as part of the Keep Palm Beach County Beautiful Grant Program in the amount of $89,047. Total project cost is estimated at $1 78,093. [ X ] Recommendation to APPROVE 11 Recommendation to DENY Reviewed by: / City Attorney Finance Administrator Civil Engine 4 Administrator Department Director City Manaber Originating Dept.: Angela Wong KP I Projects Manager Community Services Department Advertised: N/A Date: Paper: [ x ] Not Required Affected parties [ ] Notified [ x ] Not required Costs: $1 78,093.00 (Total) $1 78,093.00 Current FY Funding Source: [ ]Operating [ X ] Other Capital Project Budget Acct.#: 001 -2080-519.6935 Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: 0 Location Map 0 Resolution 11 2, 0 Exhibit A: FDOT 2004 Joint Participation Agreement 0 Exhibit 6: FDOT Maintenance Memorandum of Agreement [ ]None Date Prepared: May 12,2004 Meeting Date: June 3,2004 Resolution: 11 2,2004 BACKGROUND: The City was awarded a grant through the Keep Palm Beach County Beautiful (KPBCB) program in an amount not to exceed $89,047, which is half of the total project cost estimated at $178,093.00, for beautification of certain medians along Military Trail from Square Lake Drive S. north to Lilac Street. Resolution 11 2,2004 approves a joint participation agreement and maintenance memorandum of agreement with the Florida Department of Transportation for such improvements. After installation, the City will assume maintenance responsibilities and incorporate these areas into the existing landscape maintenance contract. This venture will provide the city with quality control over the aesthetics of the right-of- way, and allows the city to improve and maintain highly visible areas to a more stringent standard than may be set by the County or State. The annual maintenance of the improvements is estimated at $6,200.00. City and County staff feel that this agreement is mutually beneficial and an efficient way to accomplish the following as outlined in the City’s code of ordinances, Chapter 78, Land Development, Division 8, Landscaping, Sec. 78-301 : 0 0 0 0 0 Improve and sustain the aesthetic appearance of the city. Improve air and water quality by such natural processes as transpiration and the maintenance of permeable land areas for aquifer recharge. Buffer noise and reduce pollution through the filtering capacity of living trees and vegetation. Promote energy conservation through the creation of shade, which reduces heat gain on paved areas and channel breezes to facilitate the natural cooling of buildings. Conserve freshwater resources through the use of drought-tolerant plants and mulch and by utilizing water efficient irrigation systems. Construction will commence upon approval of both agreements. Another segment of the Military Trail from I- 95 north to the EPB-3 Canal is also scheduled for median beautification through a separate KPBCB grant award, which will be implemented during the same time line. Staff is also preparing an application to KPBCB for median beautification on Northlake Boulevard from Green Meadows Waywest to the Florida Turnpike. If awarded, the entire stretch of medians on Northlake Boulevard from Military Trail to the Florida Turnpike as well as Military Trail will be improved in accordance with City codes. Therefore, staff recommends approval of Resolution 112, 2004 as presented. STAFF RECOMMENDATION: Approve Resolution 112, 2004 authorizing the execution of a joint participation agreement and maintenance memorandum of agreement with the Florida Department of Transportation for beautification of medians on Military Trail from Square Lake Drive S. north to Lilac Street as part of the Keep Palm Beach County Beautiful Grant Program in the amount of $89,047. Palm Beach Gardens iMap Page 1 of2 DISCLAIMER All information is believed accurate but is NOT guaranteed to be without error This map and its underlying data are intended to be used as a general index to land related information and are not intended for detailed. site- specific analysis Pnnted 05/13/2004 01 38 01 PM http://pbgsgis/webgis/print.do?title=Palm+Beach+Gardens+iMap&paper=letter&orientatio. . . 5/13/2004 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 13,2004 RESOLUTION 112,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A JOINT PARTICIPATION AGREEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MEDIAN BEAUTIFICATION ON MILITARY TRAIL AS PART OF THE KEEP PALM BEACH COUNTY BEAUTIFUL GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has expressed its desire to beautify all public road rights-of-way through the adoption of a Roadway Beautification Plan and the creation of minimum standards for installing and maintaining landscaping; and WHEREAS, the City Council finds a direct public benefit in the beautification of state and county roads throughout the City of Palm Beach Gardens; and WHEREAS, the City was awarded a grant in the amount of $89,046 from the Florida Department of Transportation through the Keep Palm Beach County Beautiful Program for medians located on Military Trail from Square Lake Drive S. north to Lilac Street that are in need of landscaping and irrigation; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to enter into a Joint Participation Agreement and Maintenance Memorandum of Agreement with the Florida Department of Transportation, which are attached hereto as Exhibit “A and Exhibit “B”. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Joint Participation Agreement and Maintenance Memorandum of Agreement between the City of Palm Beach Gardens and the Florida Department of Transportation and hereby authorizes the Mayor and City Clerk to execute the Agreements. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 13, 2004 Resolution 112,2004 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR RUSSO --- --- COUNCILMEMBER CLARK --- COUNCILMEMBER DELGADO --- COUNCILMEMBER LEVY --- \\pbgsfile\Attorne)ttorney_share\RESOLUTlONS\FDOT Military Tr - reso 1 12 2004.doc 2 Date Prepared: May 12,2004 Meeting Date: June 3, 2004 Resolution: 112,2004 EXHIBIT A FDOT Joint Participation Agreement FM NO: 416555-1-58-01 FED No: 596045863001 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT CONTRACT NUMBER ANH47 THIS AGREEMENT is entered into this - day of 200-, by and between the State of Florida Department of Transportation, hereinafter called the DEPARTMENT, and the CITY OF PALM BEACH GARDENS, a municipal corporation of the State of Florida, located at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with State FM Number 416555-1-58-01 for irrigation and landscape at SR 809 from Square Lake Drive So. to Lilac Street in Palm Beach Gardens, Florida. Refer to Exhibit “A” of this Agreement for a detailed Scope of Services; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT, and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and, WHEREAS, the PARTICIPANT, by Resolution No. adopted on ,200-, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. 2, 3. 4. 5. The recitals set forth above are true and correct and are deemed incorporated herein. The PARTICIPANT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines, and standards. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys, and other data and information pertaining to the Project available to the PARTICIPANT at no extra cost. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The PARTICIPANT will make best efforts to obtain the DEPARTMENT’S input in its decisions. The DEPARTMENT agrees to pay the PARTICIPANT for the services described in Exhibit A of this Agreement. The PARTICIPANT has stated that the total cost of the services will be One Hundred Seventy Eight Thousand Ninety Three Dollars and No FM NO: 416555-1-58-01 FED No: 596045863001 Cents (% 178,093.00). The Total DEPARTMENT contribution towards this Project is not to exceed Eighty Nine Thousand Forty Six Dollars and No Cents (% 89,046.00) 6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, the PARTICIPANT shall pay the DEPARTMENT’S reasonable attorney fees and court costs if the DEPARTMENT prevails. 7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, this AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is accepted in writing by the DEPARTMENT’S Project Manager as complete, or by December 3 1,2005, whichever occurs first. 10. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 2 1 5.422( 14), Florida Statutes, or by the DEPARTMENT’S Comptroller under Section 334.004(29), Florida Statutes. 11. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. The DEPARTMENT will render a decision on the acceptability of services within 10 working days of receipt of a progress report. The DEPARTMENT reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the DEPARTMENT. Any payment withheld will be released and paid to the PARTICIPANT promptly when work is subsequently performed. 12. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 13. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the DEPARTMENT’S Travel Form No. 300-000-01 and will be paid in accordance with Section 112.061, Florida Statutes. 14. PARTICIPANT providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has (5) five working days to inspect and approve the goods and services. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the DEPARTMENT of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. FM NO: 416555-1-58-01 FED No: 596045863001 15. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one (1) dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that have to be returned to a PARTICIPANT because of PARTICIPANT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 16. A Vendor Ombudsman has been established within the DEPARTMENT of Banking and Finance. The duties of this individual include acting as an advocate for contractorshendors who may be experiencing problems in obtaining timely payment(s) fkom a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller’s Hotline, 1-800-848-3792. 17. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years aRer final payment is made. Copies of these documents and records shall be hished to the DEPARTMENT upon request. Records of costs incurred includes the PARTICIPANT’S general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 18. In the event this Agreement is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: “The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year.” 19. The DEPARTMENT’S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 20. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual, or firm, other than FM NO: 416555-1-58-01 FEID No: 596045863001 a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. 21. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of or due to any intentional andor negligent act or occurrence, omission, or commission of the PARTICIPANT, its agents, employees, contractors, subcontractors and/or consultants arising out of this Agreement or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 22. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 23. This document incorporates and includes all prior negotiations, correspondence, conversations, Agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, Agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or Agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 24. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-342 1 Attn: Elisabeth Hassett With a copy to: Cleo Marsh A second copy to: District General Counsel If to the PARTICIPANT: City of Palm Beach Gardens 3704 Burns Rd. Palm Beach Gardens, FL 33410 Attn: Michael Morrow Public Works Operations Director With a copy to: City Attorney FM NO: 416555-1-58-01 FED No: 596045863001 IN WITNESS WHEREOF, this Agreement is to be executed below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. CITY OF PALM BEACH GARDENS BY: MAYOR ATTEST: CITY CLERK (SEAL) APPROVED: ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: RICK CHESSER, P.E. DISTRICT SECRETARY APPROVED: (AS TO FORM) BY: DISTRICT GENERAL COUNSEL FM NO: 416555-1-58-01 FED No: 596045863001 EXHIBIT A SCOPE OF SERVICES The PARTICIPANT (City of Palm Beach Gardens) will develop and furnish to the DEPARTMENT landscape and irrigation plans and specifications for State Road 809 Section 93150000 fiom Square Lake Drive South (M.P. 8.817) to Lilac Street (M.P. 10.279) and subsequently hish and construct the landscape and irrigation as shown in the attached plans and specifications prepared by Tetra Tech WHS, dated March 5,2004. The following conditions shall apply: a. The current Florida DEPARTMENT of Transportation Design Standard Index 546 must be adhered to, b. Clear zone/horizontal clearance as specified in the plans Preparation Manual - English Volume 1, Chapter 2 must be adhered to, c. Landscape shall not obstruct roadside signs or permitted sight window for outdoor advertising signs as permitted in F.A.C. 14-40, d. Landscape and irrigation material shall be of a size, type and placement so as not to impede large machine mowing that the DEPARTMENT currently provides and will continue to provide at the same frequency, e. Should the PARTICIPANT elect to design, furnish and construct irrigation, all costs associated with water source connection(s), continued maintenance of the distribution system and water and electricity costs shall be born solely by the PARTICIPANT, f. During the installation of the Project and future maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current DEPARTMENT Design Standards (series 600), g. The PARTICIPANT shall provide the local maintenance office located at 7900 Forest Hill Boulevard, West Palm Beach, FL 33413, (561) 432-4966, a twenty- four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact, h. If there is a need to restrict the normal flow of traffic it shall be done on off-peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the Project. The DEPARTMENT’S Public Information Office shall also be notified by phone at 954-777-4092, i. The PARTICIPANT shall be responsible to clear all utilities within the Project limits , j. The PARTICIPANT shall notify the local maintenance office forty-eight (48) hours prior to the start of the Project. Date Prepared: May 12,2004 Meeting Date: June 3, 2004 Resolution: 112, 2004 EXHIBIT B FDOT Maintenance Memorandum of Agreement SECTION NO.: 931 50000 CONNECTED JPA No.: ANH47 COUNTY: Palm Beach S.R. NO.: 809 FM NO.(s): 4 1 6555- 1-58-0 1 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT DSF-MAINTENANCE THIS AGREEMENT is made and entered into this day of 2004, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF PALM BEACH GRADENS, a municipal corporation of the State of Florida, existing under the Laws of Florida, hereinafter called the AGENCY. WIT N E S S E T H: WHEREAS, the DEPARTMENT has jurisdiction over State Road 809 as part ofthe State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape improvements within the right-of-way of State Road 809; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment, and other reasons, has constructed and does maintain a the highway facility as described in Exhibit A, attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contains landscape medians, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated 1200-, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so, NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby agrees to install or cause to be installed landscape improvements and irrigation on the highway facilities as specified in plans and specifications hereinafter referred to as the Project, and incorporated herein as Exhibit B. (a) The current Florida of Department of Transportation Design Standard Jndex 546 must be adhered to. (b) Clear zonehorizontal clearance as specified in the Plans Preparation Manual - English Volume 1, Chapter 2 must be adhered to. (c) Landscape shall not obstruct roadside signs or permitted outdoor advertising signs, (d) If irrigation is to be installed, the DEPARTMENT shall be provided accurate as-built plans of the system so if in the future there is a need for the DEPARTMENT to perform work in the area, the system can be accommodated as much as possible. (e) If it becomes necessary to provide utilities to the median or side areas (water/electricity), it shall be the AGENCY’S responsibility to obtain a permit for such work through the local maintenance office. (f) During the installation of the project and hture maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current Department Design Standards (series 600). (g) The AGENCY shall provide the local maintenance office, located at 7900 Forest Hill Blvd., West Palm Beach, FL 33413, (561) 432-4966, atwenty-four(24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact. (h) If there is a need to restrict the normal flow of traffic, it shall be done on off-peak hours (9 AM to 3 PM), and the party performing such work shall give notice to the local law enforcement agency within whose jurisdiction such road is located prior to commencing work on the project. The DEPARTMENT’S Public Information Office shall also be notified. (i) The AGENCY shall be responsible to clear all utilities within the project limits. 6) The AGENCY shall noti@ the local maintenance office forty-eight (48) hours prior to the start of the project. 2. The AGENCY agrees to maintain the landscape improvements and irrigation within the medians by periodic trimming, cutting, mowing, curb and sidewalk edging, fertilizing, irrigation repairs, litter pickup, and necessary replanting as needed following the DEPARTMENT’S landscape safety and plant care guidelines. Hardscape shall mean any non-standard roadway, sidewalk or median surface such as interlocking pavers, stamped asphalt and stamped concrete. The AGENCY’S responsibility for maintenance shall include all landscape/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas outside the travel way to the right of way line, including sidewalks and median concrete areas and shall include interlocking paver and header curb repairs or replacements as needed. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmfkl insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants, which includes: (1) removing dead or diseased parts of plants; or (2) pruning such parts thereof which present a visual safety hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right-of-way line. To maintain also means to keep the header curbs that contain the hardscape and the interlocking pavers in optimum condition. Plants shall be those items, which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees, and connections, as well as on-going cost of water are the maintaining agency’s responsibility. The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding repayment, reworking, or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has undertaken the landscape installation and/or maintenance responsibility mentioned above, it shall come to the attention of the DEPARTMENT’S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary, may at his option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice thereof. Thereafter, the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: (a) Complete the installation, or part thereof, with DEPARTMENT or Contractor’s personnel and deduct the cost of such work from the final payment for said work or part thereof, or (b) Maintain the landscape or a part thereof, with DEPARTMENT or Contractor’s personnel and invoice the AGENCY for expenses incurred, or (c) Terminate the Agreement in accordance with Paragraph 6 of this Agreement, and remove, by DEPARTMENT or private Contractor’s personnel, all of the landscapehigation installed under this Agreement or any preceding Agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscapehardscape covered by this Agreement may be removed, relocated, or adjusted at any time in the hture, as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar day’s notice to remove said landscapehardscape after which time the Department may remove same. 5. The AGENCY agrees to perfonn the final inspection and provide written certification that all safety requirements have been met and for acceptance of the Project. 6. This Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) day’s written notice. (b) By the DEPARTMENT, for refbsal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 7. The term of this Agreement commences upon execution. 8. To the extent permitted by law, the AGENCY shall indemnie and hold harmless the DEPARTMENT, its officers, and employees from all suits, actions, claims, and liability arising out of the AGENCY’S negligent performance of the work under this Agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Sections 1 and 2 of this Agreement. 9. The AGENCY may construct additional landscape within the limits of the rights-of-way identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape and irrigation shall be developed and implemented in accordance with appropriate state safety and road design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed at no cost to the DEPARTMENT. (d) No change will be made in the payment terms established under number five (5) of this Agreement due to any increase in cost to the AGENCY resulting from the installation of landscape added under this item. 10. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 1 1. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, nor enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be 12. 13. 14. 15 paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. The DEPARTMENT’S District Secretary shall decide all questions, difficulties, and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. This Agreement may not be assigned or transferred by the AGENCY, in whole or in part, without the consent of the DEPARTMENT. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: State of Florida Department of Transportation Planning & Environmental Management 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District IV Landscape Architect If to the Agency: City of Palm Beach Gardens Public Works Department 3704 Burns Road Palm Beach Gardens, FL 33410 Attention: Michael Morrow Public Works Director IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY STATE OF FLOFUDA DEPARTMENT OF TRANSPORTATION By: By: Mayor District Secretary Attest: (SEAL) Attest: (SEAL) City Clerk Executive Secretary Approval as to Form Date City Attorney Approval as to Form Date District General Counsel I 7 SECTION NO.: 9350000 CONNECTED JPA No.: ANH47 COUNTY: Palm Beach S.R. NO.: 809 FM NO.(s): 41 6555-1-58-01 EXHIBIT A PROJECT LOCATION: State Road 809 from Square Lake Drive South (M.P. 8.817) to Lilac Street (M.P. 10.279) SECTION NO.: 9350000 CONNECTED JPA No.: ANH47 COUNTY: Palm Beach S.R. NO.: 809 FM NO.(s): 416555-1-58-01 EXHIBIT B See attached plans prepared by Tetra Tech WHS dated, March 5,2004. SECTION NO.: 9350000 CONNECTED JPA No.: ANH47 COUNTY: Palm Beach S.R NO.: 809 FM NO.(s): 41 6555-1-58-01 EXHIBIT C (GENERAL) PROJECT COST This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. I. FDOT PARTICIPATION: $89,046.00 AGENCY PARTICIPATION: $89,047.00 n. APPROXIMATE PROJECT COST: $178,093.00 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 30,2004 Meeting Date: June 3,2004 Resolution 11 3,2004 SubjectlAgenda Item: Resolution 1 13,2004 - Consider approval of an easement deed in favor of Seacoast Utility Authority for the installation, operation, maintenance and service of water and sewer lines and appurtenant facilities in, on, over, under and across the easement premises, located on the north side of Northlake Boulevard, along the southerly property line of the City of Palm Beach Gardens Municipal Golf Course. [XI Recommendation to APPROVE I1 Recommendation to DENY Reviewed by: I ( Finance Director Administrator Department Director Special Projects Coord. Community Services Department Advertised: - Date: Paper: [ ] Not Required Affected parties JJMtified [ ] Not required costs: $o.oo (Total) $ 0.00 Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: NIA Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Resolution 113, 2004 0 Exhibit A: Easement Deed [ ]None Date Prepared: April 30,2004 Meeting Date: June 3,2004 Resolution 11 3,2004 BACKGROUND: Seacoast Utility Authority (SUA) has requested to obtain an easement to allow for the installation, operation, maintenance and service of water and sewer lines on property owned by the City of Palm Beach Gardens. The subject easement area is located on the north side of Northlake Boulevard, along the southerly property line of the City of Palm Beach Gardens Municipal Golf Course. The subject easement is 25’ wide and approximately 1,345 feet long, for a total area of 33,647 square feet (or 0.77 acres), more or less. The execution of this easement would allow for future water and sewer connections to be made to the City’s municipal golf course and for Seacoast to provide utilities for the western expansion of their service area. STAFF RECOMMENDATION: Approve Resolution 1 13,2004, authorizing the execution of an easement deed in favor of Seacoast Utility Authority for the installation, operation, maintenance and service of water and sewer lines and appurtenant facilities in, on, over, under and across the easement premises, located o the north side of Northlake Boulevard, along the southerly property line of the City of Palm Beach Gardens Municipal Golf Course, for the future benefit of providing such connections to the City’s municipal golf course. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 11 3,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING THE EXECUTION OF AN EASEMENT IN FAVOR OF SEACOAST UTILITY AUTHORITY FOR THE INSTALLATION, OPERATION, MAINTENANCE, AND SERVICE OF WATER AND SEWER LINES AND APPURTENANT FACILITIES IN, ON, OVER, UNDER, AND ACROSS THE EASEMENT PREMISES; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens currently owns land located on the north side of Northlake Boulevard, along the southerly property line of the City of Palm Beach Gardens Municipal Golf Course; and WHEREAS, Seacoast Utility Authority is requesting the City to execute an Easement in favor of Seacoast Utility Authority for the installation, operation, maintenance, and service of water and sewer improvements along the north side of Northlake Boulevard for the future benefit of providing water and sewer service to the City’s municipal golf course; and WHEREAS, the City Council has deemed that the grant of such Easement in favor of Seacoast Utility Authority for the future benefit of the City’s municipal golf course and approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Easement for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the easement premises, located on the north side of Northlake Boulevard, along the southerly property line of the City of Palm Beach Gardens Municipal Golf Course, to Seacoast Utility Authority, and hereby authorizes the Mayor and City Clerk to execute the Easement on behalf of the City. A copy of said Easement is attached hereto as Exhibit “A SECTION 3. This Resolution shall become effective imhediately upon adoption. Date Prepared: April 30,2004 Resolution 113, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY AYE NAY ABSENT G:bttorney-share\RESOLUTlONS\Seacost easement - reso 11 3 2004.doc 2 Date Prepared: April 30,2004 Meeting Date: June 3,2004 Resolution 11 3,2004 EXHIBIT “A” Easement Deed between The City of Palm Beach Gardens and Seacoast Utility Authority Rem To: Bruce Grcgg Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, FI 33410 NC 1024 THI EASEMENT DEED EASEMENT DEED maL,: and entered into this - day c ,2004, between City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "Grantor") whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and Seacoast Utility Authority (hereinafter referred to as "Grantee") whose address is 4200 Hood Road, Palm Beach Gardens, Florida, 33410. WIT NE S S ET H: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual non-exclusive utility easement which shall permit the Grantee to enter upon the property herein described at any time to install, operate, maintain and service water and sewer lines and appurtenant facilities (the "Improvements") in, on, over, under and across the easement premises. The easement hereby granted covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly described as follows: SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF Grantor shall not grant additional easements or similar interests in, on, over, under, or across said easement premises without notifing the Grantee in writing. Neither Grantor, nor any other person claiming an interest through Grantor, shall interfere with Grantee's utilization and enjoyment of the easement, including the construction, preservation, maintenance or replacement of Grantee's Improvements. Further, Grantor or any other person claiming an interest through Grantor, shall remove any structure, obstruction, improvement or impediment which, at any time, interferes with Grantee's utilization and enjoyment of this easement. Grantor hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant the aforesaid easement free and clear of any mortgages that are prior in right and dignity to this Easement Deed. Furthermore, Grantor covenants that there are no encumbrances of any kind that would prevent Grantee's full enjoyment of the easement. This Easement Deed, and the covenants contained herein, shall be deemed covenants running with the land, and shall be binding on the parties hereto and their successors and assigns. 1 IN WITNESS WHEREOF, the Grantor has hereunto set its hand and affixed its seal as of the date first above written. WITNESSES: Signed, sealed and delivered in the presence of Witness Signature Print Name Witness Signature GRANTOR: CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Eric Jablin, Mayor Attest: Patricia Snider, City Clerk Print Name STATE OF FLORIDA ) COUNTY OF PALM BEACH 1 The foregoing instrument was acknowledged before me this day of ,2004, by Eric Jablin and Patricia Snider, Mayor and City Clerk, respectively of the City of Palm Beach Gardens, who are both personally known to me and who have not taken an oath. WITNESS my hand and official seal in the County and State last aforesaid this of ,2004 Notary Signature Print Name Notary Public - State of Florida Commission No: My Commission Expires: DOCUMENNIEASEMWBG 39/04 2 LEGAL DESCRIPTION CONSULTING CML ENGINEERS, mhc. 'iF&x%: BEING A TWENTY FIVE (25) WIDE STRIP OF LAND LYING WITHIN SECTION 14, TOWNSHIP 42 SOUTH, RANGE 41 EAST, AND WITHIN THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 6508, PAGE 1176, ALL OF PALM BEACH COUNTY, FLORIDA, WHOSE SIDE LINES EXTEND OR CONTRACT AS NECESSARY TO INTERSECT THE EAST AND WEST LINES OF SAID OFFICIAL RECORDS BOOK 6508, PAGE 11 76, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Scale: N/A SKETCH PND DESCRIPTION FOR: ' Sheet 1 of 2 lClW OF PALM, BEACH GARDENS, FLORIDP 25 unuw EASEMENT THE SOUTH TWENTY FIVE FEET OF THE FOLLOWING DESCRIBED PARCEL; - - 5550 S.W. Corporute Patiway. Palm city, nofida 3990 (772) 286-3883 Fax: (772) 286-3925 BPR & FBPE UCOIIM No: 959 www.lbfh.com WEST 1/2 OF EAST 1/2 OF SECTION 14, TOWNSHIP 42 SOUTH, RANGE 41 EAST, LESS THE SOUTH 687.82 FEET, PALM BEACH COUNTY, FLORIDA Computed: NAB Date FILE NO. Project NO. Checked: TEP 03/18/04 03-4281 LGLOl .DWC8 03-4281 CONTAINING 33646.8 SQUARE FEET OR 0.77 ACRES, MORE OR LESS. SURVEYORS NOTE 1. THE INTENT OF THIS DESCRIPTION IS FOR THE 25 FEET WIDE PARCEL TO LAY OF NORTH LAKE BOULEVARD AS NOW LAID OUT AND IN USE. NORTH OF, PARALLEL TO, AND CONTIGUOUS WITH, THE NORTH RIGHT-OF-WAY LINE SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BUR3 W SK)NAT1JRE AND ORKilNK RAlSED SUL OF A FLORlM IJCWSED SURvfloR AND WAPpER THIS W/REPORT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VAUD. 2. NO SEARCH OF THE WBUC RECORW HALS BEEN MADE BY THIS omcc THIS IS NOT A SURVEY m2004 LBFH In WEST HALF OF EAST HALF OF SECTION 14 A -.. &-: TOWNSHIP 42 SOUTH, RANGE 41 EAST 25’(NTS) SCALE: I”= 300’ 25.00’ I NORTH LINE - NOR THLAKE B 0 ULE VARD - RlGH T- OF- WAY -5 13 SOUTH LINE SECTION 14 - - - 2701.41 ’ N 8 9 ‘0 2 ’4 0” W BEARING BASE LEGEND: 7 BEARING BASE: 0 < THE SOUTH LINE OF THE EAST HALF OF SECTION 14 IS TAKEN TO BEAR hj NORTH 89’02’40” WEST, AND ALL BEARINGS SHOWN HEREON, ARE RELATIVE THERETO. @ 2004 LBFH Inc. THIS IS NOT A SURVEY = DENOTES SECTION CORNER 22 23 = DENOTES QUARTER CORNER (NTS) = NOT TO SCALE CONSULTING CIVIL ENGINEERS, Scale: 1 ‘I= 300’ SKETCH AND DESCRIPTION FOR: SURVEYORS & MAPPERS 25’ UTILITY EASEMENT Sheet 2 Of 2 CITY OF PALM BEACH GARDENS, FLORIDA 4 3550 S.W. Corporate Parkway, Palm City. Lido 34990 I Computed: NAB I Date I FILE NO. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 19,2004 Meeting Date: June 3,2004 Resolution 127,2004 SubjecffAgenda Item: Resolution 127,2004, opposing the construction of the El Paso Seafarer Natural Gas Transmission Pipeline. [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: Submitted by: Sheryl Stewart, Assistant to the City Manager I City ManLger Originating Dept.: Advertised: Date: Paper: [ 3 Not Required Affected parties motified [ ] Not required costs: $ (Total) $- Current FY Funding Source: [ 3 Operating [ ] Other Budget Acct.#: Council Action: [ 3 Approved [ ]Approved wl conditions [ 3 Denied [ ] Continued to: Attachments: Resolution 127,2004 [ ]None Date Prepared: May 19,2004 Meeting Date: June 3,2004 Resolution 127,2004 BACKGROUND: At the City Council Meeting on May 6,2004, Council directed staff to prepare a 2004 Resolution opposing the redesigned Seafarer natural gas pipeline by the El Paso Corporation. On January 16, 2003, Council adopted Resolution 14,2003, opposing the construction of the pipeline, which was proposed to go from Grand Bahama Island through Palm Beach County to Martin County. Since that time, construction plans have been revised such that the pipeline is now proposed to run through Singer Island, the Lake Worth Lagoon, and Peanut Island and follow the Beeline Highway along the CSX Railroad to the Florida Turnpike just west of the Veterans Affairs Medical Center in Riviera Beach. On January 23,2004, the Florida Power & Light (FPL) Group announced that FPL Group Resources entered into an option agreement with subsidiaries of El Paso Corp. to participate as partners in the ownership of a Liquefied Natural Gas terminal and capacity on the Seafarer pipeline. The intent of the partnership is to obtain customers off the Florida Gas Transmission system. On February 13,2004, El Paso Corp. submitted a request for a Standard General Permit with the Department of Environmental Protection (DEP). On March 12, 2004, DEP requested additional information from El Paso Corp. DEP has been reviewing El Paso Corp.’~ response. On May 6, 2004, staff attended an open house hosted by El Paso Corp., where company representatives reviewed materials and answered general questions from the public. STAFF RECOMMENDATION: Approval of Resolution 127,2004. Date Prepared: May 17, 2004 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 127,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA OPPOSING THE CONSTRUCTION OF THE EL PAS0 SEAFARER NATURAL GAS TRANSMISSION PIPELINE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, El Paso Corp. is currently seeking approvals to construct the Seafarer Pipeline, a twenty-six (26) inch diameter high-pressure natural gas transmission line from Grand Bahama Island through Palm Beach County, Florida to Riviera Beach, Florida, as depicted on Exhibit “A”, attached hereto; and WHEREAS, the Seafarer Pipeline could adversely impact the offshore reef system through the trenching of coral reefs; and WHEREAS, the proposed use of horizontal directional drilling could further expose the marine environment and rare Johnson’s sea grass beds in the Lake Worth Lagoon to the risk of “frac-out,” Le., uncontrolled spilling of drilling fluids; and WHEREAS, the Seafarer Pipeline, as currently proposed, could adversely impact public lands and parks and place residential communities, communications infrastructure, airports, hospitals, and schools in the Town of Palm Beach Shores, the Town of Palm Beach, the City of Riviera Beach, the Town of Mangonia Park, the City of Palm Beach Gardens, the City of West Palm Beach, and portions of unincorporated Palm Beach County at risk in the event of rupture and/or explosion; and WHEREAS, Florida Power & Light Group Resources, a subsidiary of Juno Beach-based FPL Group Inc., entered into an option agreement with subsidiaries of El Paso Corp. to participate in the ownership of a Liquefied Natural Gas (LNG) terminal and capacity on the Seafarer Pipeline, and to seek potential suppliers and customers on the Pipeline, which is expected to open in 2008; and WHEREAS, in light of the foregoing, the City Council determines that opposition to the Seafarer Pipeline ins in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: May 17, 2004 Resolution 127, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 la 38 SECTION 2. The City Council hereby expresses it formal opposition to the Seafarer Pipeline, as currently proposed by El Paso Corp., and directs City Staff to take all actions necessary to communicate such opposition to the appropriate permitting agencies. SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR JABLIN --- VICE MAYOR RUSSO --- COUNCILMEMBER CLARK --- COUNCILMEMBER DELGADO --- COU NCI LM EM BE R LEVY --- d G:bttorney-share\RESOLUTlONS\opposing construction of el paso seafarer pipeline - reso 127 2004.doc 2 Date Prepared: May 17, 2004 Resolution 127, 2004 EXHIBIT “A” v) al U C 3 0 .- a m a a ’0 .- c m v) 8 5 CI) 0 Q m 4 CITY OF PMM BEACH GARDENS PMM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, oii December 7, 1941, the largest war of all time aid the most defiiiiiig eveiit of the 2Q” century began; and WHEREAS, Aniericaiis, devoted to liberty a.iid to this couiitry courageously answered the iia.tioit ’s call to arm suniimrized by Presideiit Franklin D. Roosevelt by the words: ‘You bear with you the hope, the coiifideiice, the grotitude aid the prayers of your faiiiily, your fellow-citizens a.icd your President;” and WHEREAS, we still believe today tha.t the blessings of liberty require coitstaiit vigilance and sacrifice; and WHEREAS, every iiiaii, woiiiarii a.iid child in this grea?t Nation owes a debt of gratitude to those who served their couiitry so selflessly iii an eveiit that reshaped the world; aiid WHEREAS, these brave soldiers, sadors, Marines, Coast Guardesnieii aid airinen, were the beloved sons and daughters of our lalid. WHEREAS, inore than 400,000 Aniericaiis imde the suprenie sacrifice, laying down their lives so others could live free; now therefore be it. RESOLVED, that May 29, 2004 as the Na,tioiia.l World War 11 Menioria.1 is dedicated iii our riation’s capital, I declare this day World War 11 Veterans Recogiiitioii Day iic our coniniuiiity; and be it further RESOLVED, that all citizeiis arre asked to celebrate the coiitributioiis aid sawifices of these men a.iid woiiieii who placed their lives in ha?rius way protecting American values and preserving democracy for the world; aiid be it filially RESOLVED, that the observaiices of World Wa,r 11 Veteraiis Recogiiitioii Day appropriately coimieniorate the historical events a<iid: express gra.titude to those who gave so much for their fellow citizens. m Attest: IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City Florida, to be of May, 2004. Patricia Snider, City ?Jerk 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Planner [XI Quasi-Judicial [ ] Legislative [ ] Public Hearing Advertised: Date: Not Required Paper: N/A Date Prepared: April 30,2004 Meeting Date: June 3,2004 Ordinance l6,2004/Resolution 108,2004 $- N/A Current FY Funding Source: [ ] Operating [XI Other N/A Budget Acct.#: NA SubjectIAgenda Item: Ordinance l6,2004/Resolution 108,2004 - The Weiss School First Reading: A request by Nexus Design Group, on behalf of the Weiss School, for site plan approval and a rezoning to Planned Unit Development (PUD) Overlay with an underlying zoning designation of Research & Light Industrial Park (M-1) and a Conditional Use (CU) Overlay for a private school. The 7.76-acre site is located on the south side of Burns Road, approximately '/z mile east of Military Trail. [XI Recommendation to APPROVE with waivers and conditions [ ] Recommendation to DENY Reviewed by: Christine Tatu Bahareh Keshavarz, AICP - Development Compliance A Growth Management Administrator Approved By: Ronald M. Ferris Growth Management: Costs: $__N/A Total Affected Parties: [XI Not Notified -. City Council Action: Approved App. w/ conditions Denied Continued to: Attachments: Ord. 16,2004 0 Reso. 108,2004 Reduced plans 0 Settlement Agr. 0 CU Analysis Date Prepared: April 30,2004 Meeting Date: June 3, 2004 Ordinance 16,2004/Resolution 108,2004 EXECUTIVE SUMMARY The subject petition is a request to rezone the existing 7.76-acre Weiss School site located on the south side of Burns Road, approximately ‘/z mile east of Military Trail to Planned Unit Development (PUD) Overlay with an underlying zoning designation of Research & Light Industrial Park (M-1). The Weiss School is proposing to occupy the space within the existing building that was formerly used for the research group. The proposed rezoning will allow for expansion of the school from 25,995 square feet to 59,483 square feet, which will result in an increase from 161 students to 384 students. Various improvements are proposed to the school site, including architectural renovations, repaving and traffic circulation modifications, new athletic equipment, and additional landscaping improvements. This petition also includes a Conditional Use (CU) request for a private school. Staff recommends approval of the subject petition with five waivers and nine conditions of approval. BACKGROUND The subject site is bounded by Burns Road to the north, the Burns Road Community Center to the west, the Thompson River to the south, and Ra Co Am0 to the east. The subject site was originally developed in 1958 by John D. MacArthur for Van Dyke Machine and Tool Company for Molecular Research in conjunction with the site to the east, Ra Co Amo, which was intended to be used for manufacturing. Recently, the City completed the widening of Burns Road from Military Trail to Prosperity Farms Road, which widened the portion of Burns Road from Military Trail to Riverside Drive from two lanes to five lanes (including a center left-turn lane). A settlement agreement was made between Weiss Group, Inc. and the City in September 2001 to compensate the Weiss Group for the amount of right-of-way taken from the Weiss School to complete the Burns Road improvements. The agreement also provided for a new parking plan for the spaces lost that were located on the north side of the site (Please see attachment “A”). As a result of the settlement agreement, an administrative approval was granted in November of 2002 (ADMIN-02-72) to allow for the construction of a new parking lot on the west side of the site. Subsequently, an administrative approval was granted in July of 2003 (ADMIN-03-31) to allow for a tot lot and playground equipment to be installed at the northwest corner of the site. Weiss Research office/school has occupied the building since 1994. Approximately 50% of the existing building was used for the Weiss Research group, which recently relocated to the Pratt and Whitney site north of the Beeline Highway, located in unincorporated Palm Beach County. The Weiss School is proposing to occupy the space within the existing building that was formerly used for the research group. The proposed rezoning and conditional use will allow for various improvements to the school site, including architectural renovations, repaving and traffic circulation modifications, new athletic equipment, and additional landscaping improvements. 2 Date Prepared: April 30,2004 Meeting Date: June 3, 2004 Ordinance 16,2004/Resolution 108,2004 LAND-USE AND ZONING The site has a zoning designation of Research and Light Industrial Park (M-1), and a future land-use designation of Industrial (I). This request will rezone the subject site to Planned Unit Development (PUD) Overlay with an underlying zoning of Research and Light Industrial Park (M-1) and a Conditional Use (CU) Overlay for a private school. PROJECT DETAILS Architecture and Special Features The proposed one-story building will be renovated to include new paint and additional architectural enhancements to the building. The majority of the architectural treatments will be provided on the north faqade facing Burns Road, which includes a series of colonnades and a new covered canopy at the central entrance. Based on the direction by staff and the Planning & Zoning Commission, the applicant has revised the east, west, and southern architectural elevations to include additional treatments. These elevations reflect the addition of sconce lighting, window band treatments, textured stucco, awning treatments, and stucco banding. The colors include Super White, Porter Ranch Cream, Peach Pudding (pale yellow), and Corlsbud Canyon (darker orangelrust). The proposed roof at the central entrance will be barrel tile. School Size The size of the existing building is 59,483 square feet. The applicant is proposing to convert the existing office use (approximately 25,995 square feet) to school use. The school will increase its enrollment from 16 1 students to 384 students. The Weiss School will provide education for students from Pre-Kindergarten to the Sth Grade, which will require 22 classrooms. Site Access The newly constructed western access off Bums Road to the site has been aligned with the Municipal Complex’s eastern access to the north of the site, which includes a traffic signal. The existing ingress and egress access point at the northwest corner of the site is proposed to be eliminated, and a new secondary ingress and egress access is proposed on the eastern side of the site. Phasing The development is proposed to be completed in one phase, according to the applicant. Concurrency The proposed project was approved prior to the adoption of concurrency requirements, and therefore does not need to meet current concurrency requirements. However, the applicant has submitted a traffic equivalency statement for the exchange of uses, which was approved by Palm Beach County and the City’s traffic consultant. . Date Prepared: April 30,2004 Meeting Date: June 3,2004 Ordinance 16,2004/Resolution 108,2004 Landscaping Currently, the site has a number of existing trees, shrubs, and other vegetation including a large number of pine trees on the southeast side of the site, and several oak and cypress trees on the west side of the site. Additionally, a few existing oak trees align the eastern property line. The applicant has attempted to maintain the majority of the mature trees and has provided a landscape plan that upgrades the entire site to meet current code requirements. The applicant is providing approximately 62% open space, when 15% is required by code; and is providing 10,968 landscape points, when 10,634 are required. Since the last Planning & Zoning Commission workshop, the applicant has revised the landscape plans to reflect sabal palms around the tennis court fences, which are a more compatible species than oak trees in terms of long term growth. Site Lighting The applicant provided a photometric plan as required by City Code Section 78-1 82 and on-site lighting will be metal halide as requested by staff. Sianage The applicant is proposing a monument sign on the east side of the site’s western access point. The proposed sign has been designed to be consistent with the surrounding municipal signs located to the north of the subject property. The applicant is also proposing to keep the 16” black aluminum letter sign for the building. This sign meets City Code Section 78-285 in terms of allowable building signage for principal structures and maximum letter height. Parking The applicant is proposing to eliminate a number of parking spaces currently on-site, but has maintained 7 1 parking spaces when 42 are required by code based on the parking ratio of one space per classroom plus one space for every 250 square feet of office space. The applicant is requesting a waiver for the additional parking because it is greater than 10 percent of the required number of parking spaces. City Code Section 78-345 also requires that one pickup/drop off space be provided for every 10 students. In this case, the maximum number of students that will occupy the school will be 384 students. Therefore, 39 drop off spaces are required. The applicant is providing 11 pickup/drop off spaces and is requesting a waiver because the total amount of drop off spaces does not meet City Code Section 78-345. Conditional Use A private school proposed in the M-1 zoning district is a conditional use. The Weiss School is consistent with the Comprehensive Plan in terms of transportation facility accessibility, lot coverage for public/institutional uses, buffering, and land use compatibility. This proposed conditional use is 4 Date Prepared: April 30,2004 Meeting Date: June 3,2004 Ordinance 16,2004/Resolution 108,2004 consistent with the City’s Land Development Regulations excluding the five requested waivers, which staff supports. The Weiss School also promotes the public heath, safety, and welfare by providing safe and effective pedestrian access, on-site traffic circulation, adjacent roadway system, and fire and police protection. Overall, this conditional use proposal is compatible with the surrounding area, does not negatively impact the environment, and provides architecturally enhanced facades to negate any adverse visual impacts of the use. Please the attached conditional use analysis for further explanation of this request. Waivers The applicant is requesting the following five waivers: Code Section Easement (1) The applicant has provided 11 pickup/drop off spaces on the south and west sides of the building. The existing building was not originally designed for private school use. The current conditions on site create limited opportunity to provide the total amount of required drop off spaces per code. However, the applicant has attempted to provide a large number of spaces (i.e. 3 1 regular spaces) that could function as a pickup/drop off space for children since the spaces are located immediately around the building. Furthermore, the school’s three staggered dismissals and drop off times are a part of the school’s daily program, and as such, the additional parking spaces around the east and south sides of the building would serve to alleviate some of the drop off requirements per City Code. Staffrecommends approval. (2) The applicant is requesting a waiver from Section 78-345 to allow for an increase in the number of parking spaces provided on-site. The applicant is providing 7 1 sparking spaces, when 42 are required by code. According to Section 78-345, any proposed parking spaces that are greater than or equal to 10 percent of the required parking allotment requires a waiver. Accordingly, a waiver is required for the additional 29 parking spaces. The applicant has met the required criteria for the additional parking spaces by providing open spaces at a ratio of 1.5 square feet for every square foot of additional paved parking area (1 8.5’ x 10’ x 29 x 1.5 = 8,047 square feet). Approximately 208,059 square feet of open space has been provided on-site, when only 50,748 square feet is required. This waiver request also provides the applicant with the 5 Date Prepared: April 30,2004 Meeting Date: June 3,2004 Ordinance 16,2004/Resolution 108,2004 flexibility to use the additional parking spaces to adequately meet the need for employee and guest parking as well as student drop off and pickup parking. Therefore, the applicant has justified the waiver for the 29 additional parking spaces. Staffrecommends approval. (3) The applicant is requesting a waiver from Section 78-344 to allow for a reduction in the required stacking distance from the parcel line to the parking lot at the eastern entrance to the site. In this case, the site has been developed many years ago when this code requirement was not in effect, and like many other projects along Burns Road (e.g. Gardens Medical Park), the current code requirement would be extremely difficult to meet given the existing conditions of the site. Also, meeting the 100’ stacking distance requirement is not possible due to the right- of-way taking for the Bums Road improvements mentioned earlier in the report. Therefore, staff recommends approval. (4) The applicant is requesting a waiver from Section 78-186 to allow for a ten-foot high fence around the proposed tennis court facilities. Currently, the City Code does not address tennis court fences, or any other typical recreational fencing that is common within such facilities. However, the code requires that all fences within non-residential zoning districts be a maximum of 8 feet in height. The requested waiver is consistent with most all other tennis court fences in the City. Staffrecommends approval. (5) The applicant is requesting a waiver from Section 78-563 to allow for a sixteen-foot lake maintenance easement along the south property line on the west side. This four-foot reduction in the lake maintenance area on the west side of the lake is due to the existing adjacent basketball courts. The Public Works Department has reviewed this waiver request and has raised no concerns because maintenance of the lake may be performed in an area of no less than 15 feet. Staffrecommends approval. SUMMARY OF PLANNING & ZONING COMMISSION COMMENTS The Planning & Zoning Commission held a workshop for the subject petition on November 25, 2003. The applicant has worked with staff and the Planning & Zoning Commission to resolve all outstanding comments. The following is a summary of the comments raised by the Commission: 1 .) The Commission requested that the applicant revise the architectural elevations to reflect the appearance of the entry feature on the east and west elevations. The applicant has revised the architectural elevations to reflect the appearance of the entry feature on the east and west elevations, 2.) The Commission commented that elevations did not reflect four-sided architecture. The applicant has revised the architectural elevations to reflect the addition of sconce lighting, window band treatments, textured stucco, awning treatments, and stucco banding on the side and rear elevations. 3.) The Commission commented that all mechanical equipment should be screened. The applicant has provided photographs that reflect the type of material that will be used to 6 Date Prepared: April 30,2004 Meeting Date: June 3,2004 Ordinance 16,2004/Resolution 108,2004 screen the mechanical equipment. The applicant has also agreed to a condition of approval that will require all equipment to be screened. 4.) The Commission commented that there is enough room on-site adjacent to Burns Road to provide for the City Code required 1 5-foot landscape buffer. The applicant has revised the site and landscape plans to reflect a 15-foot buffer along Burns Road and has withdrawn the waiver request. 5.) The Commission commented that the bright copper color proposed for the roof was too garish. The applicant has revised the architectural elevations to reflect a Spanish tile roof and not the bright copper color as previously proposed. PLANNING & ZONING COMMISSION RECOMMENDATION On April 13,2004, the Planning & Zoning Commission held a public hearing for this petition and voted 7-0 to recommend approval to the City Council. Included in the Planning & Zoning Commission’s recommendation was a condition requiring the applicant to revise the landscape and engineering plans to reflect the addition of a 2-foot berm in the landscape buffer adjacent to Burns Road. The applicant has since revised the plans to include this landscaping berm. STAFF RECOMMENDATION Staff recommends approval of Ordinance 16,2004 and Resolution conditions provided herein. 08,2004, with the waivers and 7 Date Prepared: April 30,2004 Meeting Date: June 3,2004 Ordinance 16,2004/Resolution 108,2004 Planned Unit Development (PUD) Subiect Property Weiss School and Research Center Industrial (I) North City of Palm Beach Gardens Municipal Complex south Thompson River - East Ra Co Am0 West City of Palm Beach Gardens Bums Road Community Center Public Institutional (PI) Public Institutional (PI) Research and Light Industrial (M- 1) Public Institutional (PI) Public (P) Recreation and Open Space (ROS) Industrial (I) Public (P) 8 Date Prepared: April 30,2004 Meeting Date: June 3,2004 Ordinance 16,2004/Resolution 108,2004 Code Requirement Site Zoning = Research and Light Industrial (M-1) Minimum Site Area: 15,000 square feet Minimum Site Width: 100’ TABLE 2 6‘. CONSISTENCY WITH THE CODE Proposed Plan Consistency Planned Unit Development (PUD) Yes Overlay with underlying zoning designation of Public Institutional (PII) 7.76 acres Yes 610’ Yes Maximum Building Height: 45’ Maximum Lot Coverage: 40% Front Setback: 25’ 18.6’ Yes 17.6% Yes 62’ Yes Rear Setback: 15’ Side Setback West: 1 <’ 205’ Yes 340’ Yes Yes Side Setback East: 15’ Minimum Parking Spaces: 42 parking spaces 128’ Yes 71 parking spaces No -waiver requested for a reduction in the amount of required pickupldrop off spaces & waiver for additional parking spaces 9 Minimum Bicycle Spaces: 9 Minimum Landscape Points: 10,634 Minimum Required Open Space: 15% 9 spaces 10,968 Yes 61.5% Yes Date Prepared: April 30, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 16,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO REZONING; PROVIDING FOR THE REZONING OF A PARCEL OF LAND CONSISTING OF 7.76 ACRES, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF MILITARY TRAIL, AS DESCRIBED MORE PARTICULARLY HEREIN, UNIT DEVELOPMENT (PUD) OVERLAY WITH AN UNDERLYING KNOWN AS THE WEBS SCHOOL PUD; PROVIDING FOR REVISIONS TO THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE. BURNS ROAD, APPROXIMATELY ONE-HALF MILE EAST OF FROM RESEARCH & LIGHT INDUSTRIAL PARK (M-I) TO PLANNED ZONING OF RESEARCH & LIGHT INDUSTRIAL PARK (M-1)TO BE WHEREAS, the City received petition PUD-03-07 from the Nexus Design Group, agent for Weiss School Inc., for a rezoning from Research & Light Industrial Park (M-I) to Planned Unit Development (PUD) Overlay with an underlying zoning of Research & Light Industrial Park (M-I) to be known as the Weiss School PUD, on an approximately 7.76- acre site located on the south side of Burns Road, approximately one-half mile east of Military Trail, as more particularly described herein; and WHEREAS, the subject site is currently zoned Research & Light Industrial Park (M- I) and has a Land Use designation of Industrial (I); and WHEREAS, the Growth Management Department reviewed said petition and determined that it is sufficient; and WHEREAS, the Planning and Zoning Commission held a public hearing on April 13, 2004, and has recommended approval of the rezoning to the City Council; and WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, and the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens and Palm Beach County review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Date Prepared: April 30,2004 Ordinance 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of the parcel of land, as more particularly described below, from a zoning designation Research & Light Industrial Park (M-I ) to Planned Unit Development (PUD) Overlay with an underlying zoning of Research & Light Industrial Park (M-I): LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE %) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST HALF (E ?4) OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 12, LYING NORTH OF THE THOMPSON RIVER AND SOUTH OF BURNS ROAD; LESS AND EXCEPTING THEREFROM THOSE PARCELS DESCRIBED IN OFFICIAL RECORD BOOK 821, PAGE 542, OFFICIAL RECORD BOOK 1687, PAGE 917 AND OFFICIAL RECORD BOOK 6116, PAGE 1250, PALM BEACH COUNTY PUBLIC RECORDS. LESS THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP42 SOUTH, RANGE42 EAST, PALM BEACH COUNTY, FLORIDA, BEING THE NORTH 25.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 8291, PAGE 1596, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF SAID PARCEL OF LAND DESCRIBED BURNS ROAD (WIDTH VARIES), THENCE SOUTH 00'30'22" WEST ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 25.00 FEET; THENCE, DEPARTING SAID EAST LINE , BEAR NORTH 88'29'38" WEST ALONG A LINE PARALLEL WITH AND 25.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) THE AFORESAID THE INTERSECTION WITH THE WEST LINE OF SAID PARCEL DESCRIBED IN ORB 8291, PG. 1596, BEING THE WEST LINE OF THE EAST ?4 OF THE S.E. ?A OF THE AFORESAID SECTION 12; THENCE, DEPARTING SAID PARALLEL LINE, BEAR NORTH 01'33'23" EAST ALONG SAID WEST LINE, A DISTANCE OF 25.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE DEPARTING SAID WEST LINE OF BURNS ROAD, A DISTANCE OF 809.07 FEETTO THE POINT OF BEGINNING. IN ORB 8291 , PG. 1596, BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTH RIGHT-OF-WAY LINE OF BURNS ROAD, A DISTANCE OF 609.10 FEET TO LINE, BEAR SOUTH 88'29'38" EAST ALONG THE AFORESAID SOUTH RIGHT-OF-WAY CONTAINING: 338,319 SQ. FT., 7.767 ACRES 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: April 30, 2004 Ordinance 16, 2004 SECTION 3. The City Manager is hereby authorized and directed to make appropriate changes on the zoning district map of the City to effectuate the purpose of this 0 rd i nance. SECTION 4. This Ordinance shall take effect immediately upon adoption. PASS ED this day of , 2004, upon first reading. PASSED AND ADOPTED this day of ,2004, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor David Clark, Councilmember Annie Marie Delgado, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFlCl ENCY BY: Christine P. Tatum, City Attorney G:bttomey-share\ORDINANCES\Weiss School -ord 16 2004.doc 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 108,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE DEVELOPMENT PLAN PETITION OF THE NEXUS DESIGN GROUP, AGENT FOR WEISS SCHOOL INC., FOR THE 7.76-ACRE PROPERTY LOCATED ON THE SOUTH SIDE OF BURNS ROAD, APPROXIMATELY ONE- HALF MILE EAST OF MILITARY TRAIL, AS DESCRIBED MORE PARTICULARLY HEREIN, TO ALLOW FOR RENOVATIONS TO THE EXISTING SCHOOL SITE AND THE CONVERSION OF 25,995 SQUARE FEET OF OFFICE USE TO SCHOOL USE; GRANTING CONDITIONAL USE APPROVAL FOR A PRIVATE SCHOOL; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, as the governing body of the City of Palm Beach Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida Statutes, the City’s Land Development Regulations, is authorized and empowered to consider petitions related to zoning and land development orders; and WHEREAS, the City received petition PUD-03-07 from the Nexus Design Group, agent for Weiss School Inc., for approval of a conversion of 25,995 square feet of general office use to school use, architectural improvements to the existing building facades, repaving and traffic circulation modifications, the addition of athletic equipment, landscape improvements, and a Conditional Use (CU) for a 59,483 square- foot private school on an approximately 7.76-acre site located on the south side of Burns Road, approximately one-half mile east of Military Trail, as more particularly described herein; and WHEREAS, the subject site has been zoned to Planned Unit Development (PUD) Overlay with an underlying zoning of Research & Light Industrial Park (M-I); and WHEREAS, the development plans were reviewed by the Planning and Zoning Commission at a public hearing conducted on April 13, 2004, and the Commission voted 7-0 to recommend approval to the City Council; and WHEREAS, the private school has been reviewed as a Conditional Use (CU) and has met the conditional use criteria per Section 78-52 of the City’s Land Development Regulations; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and Date Prepared: April 28, 2004 Date Prepared: April 28, 2004 Resolution 108, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The development plan application of Nexus Design Group, agent for Weiss School Inc., is hereby APPROVED on the following described real property, to permit the conversion of 25,995 square feet of general office use to school use, architectural improvements to the existing building facades, repaving and traffic circulation modifications, the addition of athletic equipment, landscape improvements, and a Conditional Use (CU) for a 59,483 square-foot private school on an approximately 7.76-acre site located on the south side of Burns Road, approximately one-half mile east of Military Trail, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL D ESC RI PTI 0 N : A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE %) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST HALF (E %) OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 12, LYING NORTH OF THE THOMPSON RIVER AND SOUTH OF BURNS ROAD; LESS AND EXCEPTING THEREFROM THOSE PARCELS DESCRIBED IN OFFICIAL RECORD BOOK 821, PAGE 542, OFFICIAL RECORD BOOK 1687, PAGE 917 AND OFFICIAL RECORD BOOK 6116, PAGE 1250, PALM BEACH COUNTY PUBLIC RECORDS. LESS THE FOLLOWING DESCRIBED PARCEL: A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING THE NORTH 25.00 FEET OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 8291, PAGE 1596, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL OF LAND WAY LINE OF BURNS ROAD (WIDTH VARIES), THENCE SOUTH 00'30'22" WEST ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 25.00 FEET; THENCE, DEPARTING SAID EAST LINE , BEAR NORTH 88'29'38" WEST ALONG A LINE PARALLEL WITH AND 25.00 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES DESCRIBED IN ORB 8291, PG. 1596, BEING A POINT ON THE SOUTH RIGHT-OF- 2 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: April 28, 2004 Resolution 108, 2004 TO) THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF BURNS ROAD, A DISTANCE OF 609.10 FEET TO THE INTERSECTION WITH THE WEST LINE OF SAID PARCEL DESCRIBED IN ORB 8291, PG. 1596, BEING THE WEST LINE OF THE EAST 1/2 OF THE S.E. % OF THE AFORESAID SECTION 12; THENCE, DEPARTING SAID PARALLEL LINE, BEAR NORTH 01'33'23" EAST ALONG SAID WEST LINE, A DISTANCE OF 25.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE DEPARTING SAID WEST LINE, BEAR SOUTH 88'29'38" DISTANCE OF 809.07 FEET TO THE POINT OF BEGINNING. EAST ALONG THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF BURNS ROAD, A CONTAINING: 338,319 SQ. FT., 7.767 ACRES 1. Prior to the issuance of the first Certificate of Occupancy, all mechanical equipment shall be completely screened from view using the material submitted by the applicant. The material used to screen the mechanical equipment shall be painted to match the exterior color of the building. (Planning & Zoning) 2. All lighting for parking lots and pedestrian walkways shall be metal halide. (Police Department) 3. Landscaping, including long-term canopy tree growth, shall not conflict with lighting. (City Forester and Police Department) 4. No-glare building lighting shall be installed around the perimeter on all sides and on pedestrian walkways. (Police Department) 5. Prior to the issuance of the first building permit, the applicant shall show handicap ramps at all sidewalks intersecting curbs along handicap accessible routes and label each proposed handicap ramp in accordance with FDOT Index 304. The applicant shall also provide a detail of each proposed handicap ramp. All handicap ramps shall meet FDOT and ADA requirements. (City Engineering) 6. The applicant shall ensure that all trees remain trimmed to allow visibility at the required levels stated in City Code Section 78-31 5. ' (City Engineering) 7. Prior to issuance of the first Certificate of Occupancy, the applicant shall install a flashing yellow light sign, which indicates a school zone. This sign shall be installed in a manner acceptable to the Police Department and the Planning and Zoning Division. (Planning & Zoning) 8. The build-out date for the Weiss School PUD shall be December 31, 2004, as referenced in the March 5, 2004, concurrency approval letter from the Palm Beach County Department of Engineering. (City Engineering) 9. No additional signage, including banners, shall be installed without approval from the City. (Planning & Zoning) 6 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Date Prepared: April 28,2004 Resolution 108, 2004 SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five (5) waivers: 1. Section 78-345, Number of Parking Spaces Required, to allow for 11 drop- off spaces. Section 78-345, Number of Parking Spaces Required, to allow for 71 parking spaces. Section 78-344, Construction and Maintenance, to allow for a 53.5-foot stacking distance. Section 78-1 86, Yards, to allow for a 1 O-foot fence around all tennis courts. Section 78-563, Lake Maintenance Tracts, to allow for a lake maintenance easement of 16 feet. 2. 3. 4. 5. SECTION 4. This PUD approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 20 21 1. 22 23 24 2. 25 26 27 3. 28 29 30 31 4. 32 33 34 5. 35 36 37 6. 38 39 7. 40 41 8. 42 43 Site Plan & Demolition Plan - Weiss Group Inc., sheets 1 & 2 of 6, by Cunningham & Durrance, January 8,2004. Paving & Grading Plan - Weiss Group Inc., sheet 3 of 6, by Cunningham & Durrance, April 16, 2004. Wastewater Plan, Wastewater Details, and Traffic Circulation Plan - Weiss Group Inc., sheets 4, 5, & 6 of 6, by Cunningham & Durrance, January 8, 2004. Weiss School Landscape Plans, sheets LP-1 and LP-2, by Gentile Holloway, O’Mahoney & Associates, April 16, 2004. Weiss School Architectural Elevations, sheet A-7, by Nexus Design Group, March 12,2004. Floor Plan, sheet G1-I , by Nexus Design Group, May 20, 2003. Photometric Plan, sheet E-9, by Nexus Design Group, December 9, 2003. Monument Sign Plan, sheet AIO, by Nexus Design Group, January 12, 2003. 44 45 46 SECTION 5. This Resolution shall become effective immediately upon adoption. 4 Date Prepared: April 28, 2004 Resolution 108, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\Weiss School -reso 108 2004.doc 5 IN THE CIRCUIT COURT OF THE FlFTEEMH JUDICIAL CWCUK OF FLORIDA, IN AND FOR PALlc) BE4W coom. CASE NO: CL 00-5818 AO CI7Y OF PALM BEACH GARDENS, Petitioner, v. WEISS GROUP, INC.. et a!., Defendants. PARCELS 5054 AND 505.1-1 I..... . . . . . - MEMORANDUM OF SETTLEMENT THIS CAUSE, having been submitted to mediation before DONALD H. NORMAN, Mediator, upon Order of the above-styled Wud and/or stipulation between the parties, It is hereby stipulated and agreed between said parties that settlement has been reached as follows: I. The City of Palm Beach Gardens shall pay to the Webs Group. Inc. the total emount of W76.0OO.00 less the original deposit, for land and improvements taken including a11 damages relative thereto. 2. The Order of Taking shall be amended in the Final Judgment SO that the City of Palm Beach Gardens wlll acquire. in fee simple. all props* owned by Weiss Group, Ip'&3picted as Area 1 as Idendtied on Exhibit uA*' attached herete, the precise dimensbns and square footage of which will be determined by survey at the CW of Palm Beach Qardens' expense- 3, The Ckywitl construct a signalbed intersection at the northwestcorner of the Webs Group, Ino. property so aS t0 line up with the acceSS to the City Municipal Camplex immediately to the north. 4, Drainage for the existlng facUities, replacements, will be pmlded by the City of Palm Beach Gardens at an off site hdlity at no wst to the Welss Group, Inc- This agnement is subject to all permit8 for parking lot , end dminage improvements being granted. 6. Attomeqs fees shal be based on the application of Sectlon 73.092, Florkla Statutes, based on the original offer of $104,515.00 and the settlement of $476,000.00. 6. Costs shall be awarded in accordance with Chapter 73, Florida Statutes. 7. The settlement is subjectto approval by the Palm Beach Gardens City Counclk however, the Ci Engineer and the City Attorney will recommend the settlement to the Ctty Council. DATED thls 12TH of JULY, 2001. 3,. COUNSEL FOR P COUNSEL FOR OEFENOANT Plaintiff Defendant .. . .. r 4 .r ‘I‘ I1 - EX. h .m .* ..n ' . CITY OF PALM BEACH GARDENS, 8 political subdivlslon of the State of Florida, Petitioner, WEISS GROUP, INC., et al., .. . Defendants. f u IN THE CIRCUIT COURT OF THE lbTH JUDICIAL CIRCUIT IN AN0 FOR PALM BEACH COUNTY, FLORIDA. CASE NO.: CLOO 6818-AO Parcel Nos. 6054 and 505.1-1 STIPULAT€O FINB1, JUOGMESNa THIS CAUSE having come before this Court upon the Joint Motion for Entry of Stipulated Final Judgment beween Petitioner, CITY OF'PALM BEACH GARDENS, ("CITY") and Defendant, MISS GROUP, INC. ("MISS GROUP") as set forth below, and the Court being fully advised in the premises. it is thereup'm, ORDERED and ADJUDGED as foilows: I. WEISS GROUP, $hall receive from the CITY the sum of Four Hundred and Seventy-Five Thousend Dollwa3 ($475,000,00), representing full compensatlon for all damages claimed whatsoever, with respect to Pawls 505-1 and 505.1-1 , including but ' not limited to, the value of the land and improvements acquired, severance damages, and ail other special damages, exclusive of msonable attorneys' fees, expert witness fees, and court costs, 2. CllYs prevlous Court Registry deposit of One Hundred Ninety Four Thousand Fivs Hundred and Flfteen Dollars (5184,515.00) is hereby acknowledged 'I .. r. '# CASENO,$L00 S813 A0 and as such is credited against the total sums recoverable by WElSS GROUP. The ' balance owing on the total recoverable sum to WElSS GROUP, as referenced in Paragraph one abave, is the sum of Two Hundred Eighty Thcausand Four Hundred and Eighty-Five bollars (5280,485.00). , 3. Wnhim twenty (20) days of its receipt of a conformed copy of this Stlpubted Find Judgment, ClW shall tronsrnit a check in the sum of Two Hundred and Eighty Thousand Four Hundred and Eighty Five Oollars ($280,485.00) made payable to *. Jones, Faster, Johnston & Stubbs, P.A Trust Account to H. Adams Weaver, Esquire, counsel for Weiss Group, for disbursement. 4. Tha Ordw of Taking shall be amended in this Stipulated Flnal Judgment so that the CIW OF PALM BEACH GARDENS will acquire, in addition to the property acquired by the CITY, pursuant to the Order of Taking, dated October 12, 2000, the additional properly owned by MISS GROUP in fee simple, identified on Exhibit 'A" attached hereto. 6 6. The CITY will construct a slgmlized Intersection at the northwest mmer of the WEISS GROUP pmpwty, so as to llne up the alignment with the access to the CIN Municipal Complex, immediately to the north. 6. Drainage for the existkg fadlities that currently goes to Burns Road; as we11 as drainage for the proposed parking replacements, as show on Exhibit "B" will be prwlcted by the CIW, at an off-site facility at no cast to WEISS GROUP. 7. This Stipulated Final Judgment is expressly cantlngent upon approval by the City Council of the CITY end Petitioner securing from fhe City Council of the CITY, at 2 . .I CASE NO. C& 00 5813 A0 Cms sole cost and expense, all Waivers, pennits and variances that may be required' in order to enable the amtruction of the dratnage and proposed parking replacements as depicted on Exhlbit 'K attached hereto, to be constructed at We CITY'S sole costing end expense, without the lmposltlon uf any addltlonal conditions or requirements. 8. In the event thls Stlpulated Final Judgment is not approved by the City Council of the CITY, or said waivers, variances and/or permits from the CITY are not granted, or 3W granted only upon compliance with additiod conditions or requirements, then In that event, the Parties agree that Defendant, MISS GROUP, may reopen this case by filing a Supplemsntal Claim herein for addltionai .. . .I cbmpensgtjon andlor damages. 8: Upon tecrtlpt of the funds specified in Paragraph 3 above, H. Adams Weaver, Jf., Esquire, is hereby directed to disburse the funds to WEISS GROUP, pursuant to the terms of this Stipulated Final Judgment, 10. ClWs vested title to the properties designated as Pards 505-1 and 505.1 - 1 In this case and further described in the legal descn'ption thereof attached hereto as Exhibit "B" is hereby approved, ratified and confirmed. In addition, the CITY'S interest I in the p"perty depioted as Area One, identied as Exhk "A' attached hereto, the \-pf&se dimensions and square footage of which will be determined by survey, and '1 approved, ratified and owrfirrned. further desoribed in a legal description thereof attached hereto as Exhiblt 'C', is hereby 4 11. CW and MISS GROUP agree that the MISS GROUP attorney's fees shall be based upon the applicatlan of Section 73.082, F.S., based upon the C!ma \, -. .. . . . . . . - . . .. .. *. .* .. .iry vi .* CASE NO. a00 5813 A0 arfgiml offer of ONE Hundred Ninety Four Thousand Five Hundred Fifteen Dollars I' *. , . . .* (5194.3j5.0~) md ~6 &&ineni akount of Four Hundred Seventy Ffve Thousand Ddlars (W75,OOO.OO). Based upon the applimtlan of the statute, th0 attorney's fees due Jones, Foster, Johnston & Stubbs, ?.A is $89,761 -00, which sum shall be transmitted to Jonas, Faster, Johnston & Stubbs, P.A., Trust Account within twenty (20) days after receipt of a conformed copy ofthis Final Judgment by the Clty of Palm Beach Gardens. 12. The Court reserves jutisdidion to enforce the terms of the Stipulated Final Judgment; as well as for a subsequent determination as to rea$onable expert witness costs Incurred by WEISS GROUP in this case: DONE and ORDERED in Chambers at West Palin Beach, Florida, this Circuit Coud Judge ' ER 0. BUNC Copies furnished to: W. Adams weave;, ~squlre Paul R Golis, Esquire 4 .. -. .. CASE NO. a00 5813 A0 '. . .' . .. . " #I *. : .* * *. . PoUtim, CrrY OF PALM'BEACH GARDENS and Defendant, WElSS GROUP, INC., by and through their underslgned counsel, respectfully move for the entry of the abave Stipulated Flnal Judgment dated this 2 0 day of Septembet, 2001 , Paul R. Golis. P.A. Special Counsul for the CfTY OE-P&M BEACH OARDENS .. 2000'blades Road, Sub 208 BO& Ratan, FL 33431 T& 56 1 f367-9777 Fax EieV368-0709 ._ .. Fla. Bar #406132 Jones, Foster, Johnston and Stubbs, PA Attohey for Defendant, MISS GROUP, INC. 505 South Flagler Drive West Palm Beach, FL 33401 Tel: 561 /659300(1 fax 561 1832-1 454 . 'I By: . H. Adam Weaver Fla, B8f ##I25210 , 5 I .' -"-'*-* +-.-.I* T - E \ - PARCEL I 3,395 sC2.m. 0.078 ACRES* t U $ 44.91' N88'29'38"W PROFOSEO SOUTH LINE RIGHT-OFLWAY ) I > 1 - 8 .PARENTTRACT 9 O.R.B. 8291 PG. 1596 KG-WD; R/W= RIGHT OF WAY SQ.= SQUARE FT.= FEET THIS I I 1 1 SCALE IS NOT A SURVEY ag, N2*.8?&2 e!. -1?M Pi1 .. # .. E%'iilBlT "&" SUR VFWR wNO TC 4 THE SOUTHEAST ONE-QUARTER (1/4) OF SECTION 12, 0 Lkl .e :,. * c' *. e- #. - THE BEARING BASE FOR THE. LEGAL DESCRIPTION AND SKETCH AS SHOWN HEREON IS REFERENCED TO THE NORTH LINE OF '. TOWNSHIP 42 SOUTH, WOE 42 EAST, WO LINE IS ASSUMED TO BEAR NORTH 88'20'38' WEST AND ALL OTHER BWRINGS ' ARE REUTIW: THERETO. I i I I ?. LEGAL DESS;PIPTION; I A PARCEL OF LAN0 LYING IN SECTION 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CIM OF PALM BEACH GARDENS, PALM BEACH COUNM, FLORIDA; BEING MORE PART'ICULARY DESCRIBED AS . FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SWTHEAST ONE-QUARTER (S.E., 1/4) OF SNO SECTION 12, THENCE j'4ORW 88'29'38" WEST ALbNG THE NOR'% LINE OF SAID S.E. 114, A OISTANCE OF 1277.19 FEW, THENCE, OEPARTING SAID NORTH LINE. SOOTH 01'30'22" WEST, AT RIGHT ANGLES TO . THE PRECEDNG COURSE, A DISTANCE OF S!j.QO* FEn TO THE PROPOSED SOUTH RIGHT-OF-WAY UNE OF BURNS ROAD (WIDTH VARIES) AND THE POINT OF BEGINNING; TI-IENCE SOUTH 01'33'23" WEST, A DISTANCE OF 75-60 FE€T; 'THENCE NORTH 8829'38" WGT, A OISYANCE OF 44.9f FEET TO THE WEST LINE Of THAT CERTAIN PARCEL OF UNO OESCRISED IN OFFICIAL RECORDS WOK 8291 PO. 1596 AS RECORDED 1N THENCE NORTH 01'33'23" EAST ALONG SAID WEST LINE, A i i .. I- iI I THE Pueuc RECORDS OF PALM BEACH COUNTY, FLORIDA; DWANCE OF 75.60 EFT; THENCE SOUTH 88'29'38" EAST, ALONG SAID PROPOSED SOUTH RIGHT OF WAY LINE. A OlSTANCE OF 44,91 FE€T TO THE POINT OF BEGINNING, .. I PROJECT NAME: THIS IS NOT A SURVEY BURNS ROAD I ... I I . I " --- I I A i CONDITIONAL USE ANALYSIS: WEISS SCHOOL 1. Comprehensive plan. The proposed use is consistent with comprehensive plan. This Weiss School will be a Conditional Use with a new Planned Unit Development (PUD) Overlay designation. The proposed use is consistent with the City’s Comprehensive Plan. Specijically, Policy 1.1.1.7 states: The City shall ensure the availability of suitable land for public and institutional uses (as defined on page 1-3) necessary to support development by: 2 b) Public Institutional Uses shall be located in areas where there are adequate transportation facilities to support to proposed use based on the adopted level of service standard for traffic circulation. Preference shall be given to the location of such uses and facilities along City collectors and arterials as may be appropriate. The subject site is located on Burns Road, which is a City Urban Collector, and is in proximity to existing Palm Tran bus routes. The school was built prior to the adoption of trafjc concurrency requirements; therefore, the levels of service have accounted for within the City’s traffic system. 2 c) PublidInstitutional Uses shall be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 50 feet. The site currently has lot coverage of 17.6%. The applicant is not proposing to increase any additional building area. The building is currently one story, or approximately 18.6: which is consistent with the Comprehensive Plan. 2 d) Schools shall be considered as compatible and allowable in areas designated with any residential land use category. Further, schools shall be considered public/institutional uses and be allowable within areas designated industrial (IND) and public/institutional (P/I) on the Future Land-Use Map. The subject site has a land-use designation of Public (P). 2 e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setback shall be a minimum of 25 feet in the front, 15 feet on the sides and rear buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed public/institutional use. The building is buffered from adjacent land uses, and meets the required setbacks as forth in the Comprehensive Plan and the zoning code. 2. Chapter requirements. The proposed use is consistent with all applicable requirements of this chapter. This project is consistent with all applicable requirements of this chapter. 1 3. Standards. The proposed use is consistent with the standards for such use as provided in section 78-159. This project proposes to be a conditional use under the provided section 78-159, and is consistent with the standards provided within. A dayschool under section 78-159 (54) shall comply with the following: This private school project will comply with each standard listed in section 78-159 (54) and is consistent with the standards provided within as outlined below: Shall conform to all city concurrency requirements. N/A. The school was built prior to the adoption of city concurrency requirements. Shall connect to public water and sewer treatment systems, or other systems approved by the city and the county health department. The project connects to the existing water and sewer facilities on-site provided by the Seacoast Utility Authority. 0 Shall be approved as a conditional use. The proposed private school is requesting to be approved as a conditional use. Shall conform to all applicable environmental standards and requirements. N/A. The site has already been developed: therefore, there are no additional environmental standards applicable. Shall conform to all city landscaping requirements. The proposed project generally meets all city landscaping requirements. A number of mature trees already exist on-site. The applicant is proposing to maintain the majority of these trees, and will provide additional new landscaping to meet the landscape code requirements. 0 Shall dedicate, at no cost, any necessary rights-of-way or easements for roads, canals, drainage, or public or private utilities. A number of existing easements exist on site, which provides the necessary legal access to the various applicable service providers. Shall install such road improvements as may be required by the City. The site was subject to the recent Burns Road widening improvement project. 4. Public welfare. The proposed use provides for the public health, safety, and welfare by: 2 Providing for a safe and effective means of pedestrian access; This project has new sidewalks available from parking areas for safer and more effective means of pedestrian access. There is also an enhanced pedestrian access from the sidewalk along Burns Road to the new front entry of the building. Providing for a safe and effective means of vehicular ingress and egress; This project has an improved traffic circulation pattern and vehicular ingress and egress system that is consistent with the Burns Road expansion project. Providing for an adequate roadway system adjacent to and front of the site; This project is again in part due to the results of the Burns Road expansion project right in front of the proposedproject. Providing for safe and efficient onsite traffic circulation, parking, and overall control; and This project has improved the on-site traffic circulation pattern and parking arrangement. Providing adequate access for public safety purposes, including fire and police protection. This project has adequate access for public safety all around the building. The City’s Jre and police departments have reviewed the proposed improvements through the Development Review Committee (DRC) process. 5. Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impact as: Noise; The only noise expected is children on the playground or playfields during daylight hours. No extraordinary mechanical noise or other would be present. The adjacent land uses are commercial to the east, residential to the south, and the Burns Road Community Center to the west. Glare; A fully landscaped site mitigates any glare that may occur from windows, roof or paving surfaces. The building design other than windows is all stucco finish and should not cause any glare problems. Odor; 3 The two dumpsters are screened with a wall. Both are located on the south side of the building, furthest from Burns Road and the pedestrian walkways. 0 Ground-, wall-, or roof-mounted mechanical equipment; All ground mounted mechanical equipment (air conditioners) are fully screened with landscape material and, in some cases, walls or fences. Perimeter, interior, and security lighting; The site will be lit according to current City code standards. Enhancements will be made to the interiorhecurity lighting system. Signs; There will be a monument sign along Burns Road that follows City criteria to match other signs existing or proposed along Burns Road. Waste disposal and recycling; Existing dumpsters are present on the southwest corner of the building with an enclosure and landscaping, as well as on the southeast side of the property with an enclosure and landscaping. 0 Outdoor storage of merchandise and vehicles; A storage shed for landscape maintenance equipment is provided for at the south end of the site. Visual impact; and The building is screened from Burns Road with landscaping that meets City Code. The existing building will be architecturally enhanced on all elevations, which will visually enhance the site. Hours of operation. This project is a currently operating school for children from Kindergarten to gh grade. Class time is usually from 8 a.m. - 2p.m. with limited after-school activities. 6. Utilities. The 'proposed use minimizes or eliminates the impact of utility installation, including underground and overhead utilities, on adjacent properties. The proposed project does not add any new utilities to adjacent properties. 7. Dimensional standards. The proposed use meets or exceeds all dimensional requirements required by the chapter. 4 8. 9. 10. 11. 12. 13. This project generally meets all dimensional requirements, such as setbacks, parking size, and building heights etc. required by the City. Neighborhood plans. The proposed use is consistent with the goals, objectives, policies, and standards of neighborhood plans. The proposed use is consistent with the surrounding neighborhood. Compatibility. The overall compatibility of the proposed development with adjacent and area uses, and character of area development, The project is compatible with the adjacent land uses and surrounding area. Patterns of development. The proposed use will result in logical, timely, and orderly development patterns. The proposed project will follow a logical, timely, and orderly development pattern. Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. The proposed use will abide by all intents, goals, objective, andpolicies of the City. Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The expansion of the school will allow a higher student population, versus the existing office staff occupying the current research side of the building. This will not have any adverse visual impacts. The building itselfwill get a new faCade and the entire site is being upgraded and enhanced in all aspects, thus certainly creating positive visual impact to the surrounding community. Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, storm water management, wildlife, vegetation, and wetlands. This project will not impact the environment, including air, water, storm water management, wildlfe, vegetation, or wetlands in any negative way. 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TH E W E I S S S C H O O L MO D E R N I Z A T I O N P R O J E C T TH A N K Y O U ! TH E W E I S S S C H O O L EX I S T I N G S I T E P L A N TH E W E I S S S C H O O L BU R N S R O A D E X P A N S I O N TH E W E I S S S C H O O L BU R N S R O A D E X P A N S I O N BU R N S R D BURNS RD TH E W E I S S S C H O O L ME C H A N I C A L E Q U I P M E N T S C R E E N I N G CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: April 30,2004 Meeting Date: June 3,2004 Resolution 109,2004 ~~~ ~ ~ SubjectIAgenda Item: MISC-04-18: Frenchman’s Creek Side Setback Waiver Consideration of Approval: A request by Bernie Polselli of Frenchman’s Creek Inc., for approval of a side setback waiver for patiohilla units abutting non-residential properties at the Frenchman’s Creek Planned Community Development (PCD). The Frenchman’s Creek PCD is located east of Alternate A1 A, north of Hood Road, and south of Donald Ross Road. [XI Recommendation to APPROVE waiver with conditions [ ] Recommendation to DENY Reviewed by: Tala1 Benothman, AICP 2 P&Z Division Director Clu-istinrh City Attorney Ch4les K. Wu, AICP n Administrator Approved by: Ronald M. Fems ~ Originating Dept.: Growth Management: Bradzs Planner, Project Manager Bahareh Wolfs, AICP iP-- evelopment Compliance [XI Quasi-Judicial [ ] Public Hearing [ ] Legislative Advertised: [XI Not Required Date: NIA Paper: NIA / Affected Parties: [XI Notified Finance: zosts: $ NA (Total) $L Current FY Funding Source: [ ] Operating [X ] Other N/A Budget Acct.#: NIA City Council Action: [ 3 Approved [ 3 Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 109, 2004 Frenchman’s Letter List of Properties Date Prepared: April 30,2004 Meeting Date: June 3,2004 Resolution 109,2004 EXECUTIVE SUMMARY This petition is a waiver request from Section 78-141, which requires a minimum side setback of 7.5 feet for all structures. This waiver will allow residents of patiohilla units to expand their homes or build guesthouses that extend to the side property line when abutting non-residential lots such as open space. Staff recommends approval of the subject petition with two conditions of approval. BACKGROUND The Frenchman’s Creek residential community was originally approved as a Planned Unit Development (PUD) and a Development of Regional Impact (DRI) in 1973 when it was located within unincorporated Palm Beach County. On December 15, 1988, the City Council adopted Ordinance 49,1988, which approved the annexation of the Frenchman’s Creek Planned Community Development (PCD) into the City of Palm Beach Gardens. This annexation included the southern half of the Frenchman’s Creek PCD/DRI, located east of Alternate AlA and south of Donald Ross Road; whereas the northern portion of Frenchman’s Creek, located north of Donald Ross Road, was annexed into the Town of Jupiter. The Frenchman’s Creek PCD/DRI, located within the City, is comprised of approximately 299 acres that includes 644 dwelling units, two golf courses, a clubhouse facility, and a marina. Since 1973, the City has permitted seven patiohilla unit expansions to be extended to the side property line that did not abut residential lots. While these expansions were approved by building permits, the development order did not specifically approve this situation. This petition is a request to allow for the previously built expansions to become legally conforming to the City’s Code; and to permit residents of patiohilla units who have not expanded their homes to expand them to the side property line that abuts non-residential lots such as a lake, common area, or golf course. Seven lots have received approval from the City and there are thirty-seven additional units that this waiver could apply to in the future. LAND USE & ZONING The subject site has future land-use and Vision Map designations of Residential Low (RL). The site is zoned Planned Community District (PCD) Overlay. PROJECT DETAILS Site Location &Access The Frenchman’s Creek PCD is located at the southeast corner of Donald Ross Road and Alternate AlA and is accessed via Tournament Drive off of Donald Ross Road. 2 . ? Code Section Section 78-141: Residential Zoning Districts Date Prepared: April 30,2004 Meeting Date: June 3,2004 Resolution 109,2004 Required Provided Waiver Recommendation 7.5 Side Setback 0' Side Setback for 7.5' Approve Patio or Villa Units Apulicant 's Reuuest The applicant is proposing a wavier from Section 78- 141, which requires a minimum side setback of 7.5 feet for all structures. The applicant would like to allow residents to expand their homes or build guesthouses that extend to the side property line provided that the subject property is designated as a patiohilla unit and the side property line abuts non-residential lots. Currently, seven residences of a patiohilla unit were permitted by the City to extend their homes to the side property line that abutted non-residential lots. Waiver The applicant is requesting the following waiver: Staff Analvsis This request will not impact neighboring residents because this waiver will only apply to homes that abut non-residential properties such as a lake or golf course. This waiver will also provide equal treatment to all patiohilla owners abutting non-residential properties because several homes were permitted by the City to build up to the side property line. It is staffs professional opinion that this waiver will not negatively affect the community or grant any special privileges to the residents of these homes. Therefore, staff recommends approval. STAFF RECOMMENDATION Staff recommends approval of Resolution 109,2004, with the conditions provided therein. 3 Date Prepared: April 30, 2004 RESOLUTION 109,2004 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A WAIVER FROM CITY ALLOW FORTHE EXPANSION OR CONSTRUCTION OF PATIONILLA RESIDENTIAL PROPERTY WITHIN THE FRENCHMAN’S CREEK PLANNED COMMUNITY DEVELOPMENT (PCD); AND PROVIDING AN EFFECTIVE DATE. CODE SECTION 78-141, RESIDENTIAL ZONING DISTRICTS, TO UNITS TO EXTEND TO THE SIDE PROPERTY LINE ABUTTING NON- WHEREAS, on December 15,1988, the City of Palm Beach Gardens annexed the Frenchman’s Creek Planned Community Development (PCD) with the adoption of Ordinance 49, 1988; and 18 WHEREAS, the City has received a miscellaneous application (MISC-04-18) from 19 I Frenchman’s Creek, Inc.s for approval of a side setback waiver from City Code Section 78- 20 141, Residential Zoning Districts, to permit the expansion or construction of patiolvilla units 21 to extend to the side property line abutting non-residential property within the Frenchman’s 22 Creek Planned Community Development (PCD), located east of Alternate AIA, south of 23 Donald Ross Road, and north of Hood Road as more particularly described herein; and 24 25 WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) 26 27 28 29 30 31 32 33 34 35 36 37 38 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 39 40 SECTION 2. The miscellaneous application from Frenchman’s Creek, Inc. is hereby 41 APPROVED on the following described real property to permit the expansion or 42 construction of patio/villa units to extend to the side property line abutting non-residential 43 property within the Frenchman’s Creek Planned Community Development (PCD), subject to 44 the conditions of approval contained herein: 45 46 Overlay and has a future land use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Date Prepared: April 30, 2004 Resolution 109, 2004 1 LEGAL DESCRIPTION: 2 3 4 6 BEING A PORTION OF SECTION 30, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND A REPLAT OF PORTIONS OF FRENCHMAN’S PARCEL G3 FRENCHMAN’S CREEK (A P.U.D.), AS RECORDED IN PLAT BOOK 55, 5 CREEK (P.U.D.) PLAT NO. 6, AS RECORDED IN PLAT BOOK 44, PAGES 133-137, PAGES 126-129, FRENCHMAN’S CREEK PARCEL E3 (A P.U.D.), AS RECORDED IN PLAT BOOK 59, PAGES 103-106, PUBLIC RECORDS OF, AND LYING WITHIN, PALM 7 8 9 BEACH COUNTY, FLORIDA, WITHIN THE CITY OF PALM BEACH GARDENS, 10 FLORIDA. 11 13 14 15 16 I 17 18 19 approves the following waiver: 20 21 22 23 24 25 26 27 hearing. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. Each home expansion, or newly constructed guesthouse shall be consistent in color and architectural design with the patio/villa unit. (Planning & Zoning), 2. Each patio/villa unit shall comply with the parking requirements included in City Code Section 78-345. (Planning & Zoning); SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby 1. Section 78-141, Residential Zoning Districts, to allow a 0-foot side setback for patio/villa units abutting non-residential properties on one side. Said waiver is applicable to the side setback adjacent to non-residential lots. l2 I SECTION 4. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant’s agents at any workshop or public SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: April 30, 2004 Resolution 109, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLl N VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\frenchmans creek pcd - extending side property lines-reso 109 2004.doc 3 April 7,2004 Mr. Brad Wiseman City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Dear Mr. Wiseman: With this letter, we are requesting a waiver of side setback requirements for residential properties in Frenchman’s Creek to allow for the expansion or construction of residential units to extend to the property line provided that the subject property (1) is designated as a Patio or Villa unit and (2) that it does not abut another residential property. ernard F. Polselli JDirector of Administration FRENCHMAN’S CREEK 13495 Tournament Drive Palm Beach Gardens, Florida 33410-1299 (561) 622-8300 Fax (561) 624-2790 P.O.A. Fax (561) 622-8891 m r ID A w b) Iu N 0 0 0 do W Z n a- CITY OF PALM BEACH GARDENS CITY COr?’r;~II! Agenda Cover Memorandum < Date Prepared: May 4,2004 Meeting Date: June 3,2004 Ordinance 23,2004 Resolution 125,2004 & Resolution 115,2004 Subject/Agenda Item: Ordinance 23,2004, Resolution 125,2004 & Resolution 115,2004: Donald Ross Village Upland Planned Unit Development Amendment for Preservation Mitigation First Reading: A request by Dodi Glas, of Urban Design Studio, agent for Donald Ross / Military, L.C., is requesting approval to allow off-site upland preserve mitigation for the Donald Ross Village Planned Unit Development on a 3.09-acre site located on the north side of the Bee Line Highway, approximately 1.25 miles north of PGA Boulevard and a waiver to allow a reduced width for the upland preserve area along Central Boulevard and Military Trail. The applicant is required to amend the development order (Ordinance 53,2002) in order to mitigate additional area off-site. The Donald Ross Village Planned Unit Development (PUD), approved by Ordinance 53,2002, is a 45.37-acre site located on the south side of Donald Ross Road, between Military Trail and Central Boulevard. [XI Recommendation to APPROVE with conditions and waivers ] Recommendation to DENY Reviewed by: Planning & Zoning Tala1 M. Benothman, Director Christine Tatu Compliance Developmen2?!!L Bahareh Keshavarz-Wolfs, AICP A Growth Adniinistrato&vb&b% Man g Charles K. Wu, AICP Approved By: Ronald M. Ferris Originating Dept.: Growth Management: Manager & Kara Irwin Senior Planner Action: [ ] Quasi-judicial [ ] Legislative [ ] Public Hearing Advertised: Date: Paper: [ ] Required [XI Not Required Affected Parties: CINotified- [XI Not Required FINANCE:N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other- Budget Acct.#: NIA City Council Action: [ ] Approved [ ] App. w/ conditions [ ] Denied [ 3 Rec. approval [ 3 Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to:- Attachments: Ordinance 53,2002 Master Site Plan Vegetative Assessment Ordinance 23,2004 Resolution 125,2004 Resolution 115. 2004 Date Prepared: May 4,2004 Meeting Date: June 3,2004 Ordinance 23,2004 Resolution 125,2004 & Resolution 115,2004 Page 2 of 7 EXECUTIVE SUMMARY The attached staff report details a request by Urban Design Studio, agent for Donald Ross / Military, L.C., to provide off-site mitigation for the Donald Ross Village Planned Unit Development (PUD), which was approved by Ordinance 53, 2002. The development order (Ordinance 53, 2002) for Donald Ross Village Planned Unit Development (PUD) restricted the amount of upland preserve area that could be mitigated off-site to 20% or 1.87 acres. In order to review the proposed mitigation application, which requests off-site mitigation of 2.66 acres, the applicant was required to amend the original development order. The staff report summarizes two separate petitions; PUD-04-12, which amends Ordinance 53,2002, and MISC-04-19, which provides for off-site mitigation for the Donald Ross Village Planned Unit Development (PUD). City Staff has determined that it is more appropriate that the site plan approval and the conditions related thereto be transferred from an ordinance to a separate resolution, which has been included as part of the PUD amendment (PUD-04-12). The zoning set forth in Ordinance 53,2002 has been re- affirmed by Ordinance 23,2004 and the master site plan, waivers, and conditions of approval have been transferred to Resolution 125, 2004. Two conditions of approval (condition 37 & 38) have been modified to allow for additional off-site mitigation, as well as an expansion of a previously approved waiver for the reduction in the upland preserve buffer width, so that the applicant can go forward with their companion petition MISC-04-19. The applicant is proposing to preserve a 3.09-acre site located on the north side of the Bee Line Highway, approximately 1.25 miles north of PGA Boulevard in order to mitigate for the 2.66-acre upland preserve deficiency on the Donald Ross Village PUD site. Staff has proposed three conditions of approval relating to the dedication, exotic removal, and management of the mitigation parcel. The proposed site will provide for mitigation of the “Reserve Preserve” area and the required utility lines along the east and west perimeter of the site so that they can be lessened from the preserve area of the Donald Ross Village Planned Unit Development (PUD). Recommendation Staff recommends approval of Ordinance 23,2004 and Resolution 125,2004, which re-affirms the zoning and transfers the master site plan approval to resolution. Staff recommends approval of Resolution 115, 2004, which approves the off-site mitigation for Donald Ross Village Planned Unit Development (PUD). Date Prepared: May 4,2004 Meeting Date: June 3, 2004 Ordinance 23,2004 Resolution 125,2004 & Resolution 115, 2004 Page 3 of 7 BACKGROUND On April 10,2003, the City Council adopted Ordinance 53,2002, which approved the development order for Donald Ross Village Mixed-Use Planned Unit Development (PUD). The master plan was divided into two phases of development. Phase I of the Donald Ross Village MXD PUD was approved for 9,000 square feet of professional office, a 3,236 square foot convenience store with gas sales, a 4,000 square foot bank, a 14,873 square foot drug store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating, 57,487 square feet of retail use and 156 multi- family dwelling units. In this request, the applicant is requesting to provide for the upland preserve mitigation required to develop the remainder of the site proposed in Phase 11. In addition, the applicant is requesting a waiver to further reduce the width of the upland preserve areas along Central Boulevard and Military Trail to provide for utility easements. AlthourJh not part of this application, the applicant is in the review process for the approval of phase I1 of the Planned Unit Development. Phase I1 consists of a 93-room hotel, 18,387 square feet of medical office, 13,500 square feet of retail, and a 20,000 square-foot fitness center. Upon approval of this request, the applicant may move forward with the request for approval of Phase 11, which requires the off-site mitigation to be complete in order to develop the areas designated as “Reserve Preserve” on the master plan adopted by Ordinance 53,2002. LAND USE & ZONING The Donald Ross Village Planned Unit Development (PUD) consists of two land-use designations. The land-use designation for parcel 4.02 (northwestem comer of the site) is Commercial, and the land-use designation for parcel 4.04 is Mixed-Use. The subject site’s zoning classification is a Mixed Use Planned Unit Development (MXD PUD) Overlay as approved by Ordinance 53,2002. The proposed upland Preserve mitigation site has a zoning classification of Planned Development Area (PDA) and a land-use designation of Rural Residential (RR- 10). “RESERVE PRESERVE” The approved PUD contains a substantial native Florida upland vegetative community. As part of the approved project, the applicant proposed preserving the entire 9.26 acres of preserve on site as part of the “Reserve/Preserve” plan. However, the applicant was granted the option of mitigating a total of 1.87 acres (20%) off-site should land become available in the future for such mitigation. The additional land designated “Reserve/Preserve” was to account for the difference in the amount of upland preserve. Date Prepared: May 4,2004 Meeting Date: June 3,2004 Ordinance 23,2004 Resolution 125, 2004 & Resolution 11 5,2004 Page 4 of 7 Code Section Required Provided Waiver Minimum 45’ width (Military 55’ Minimum 100’ Trail) Section 78-250(a)(3)(a) Minimum Dimension and Total Area of Preservation Areas width Minimum 88’ width (Central Boulevard) UPLAND PRESERVATION Recommendation Support The applicant is proposing to preserve 71% (6.69 acres) of the upland preserve set aside requirement on-site, which is consistent with the City Council’s past practice to preserve at least 50% on site. The applicant is mitigating the remaining 29% (2.66 acres) off-site at property along PGA Boulevard, west of the C-18 Canal on a 3.09-acre site. In addition, the applicant is seeking a waiver to allow a reduced upland preserve width along Central Boulevard and Military Trail. Since the approval of the Planned Unit Development, the Seacoast Utility Authority (SUA) has requested a 12-foot wide easement along Central Boulevard and Florida Power & Light (FPL) has requested a ten (10) foot wide easement along Military Trail from the Donald Ross Road intersection to the northern Military Trail entrance to the project. The addition of these easements will result in a reduction in the upland preserve area width. The approved sidewalk areas (Pedestrian Access Easements) will be located over these easements and will not result in any reduction of native habitat in the preserve as proposed in the original approval. WAIVER REOUEST The applicant is requesting one waiver from the City’s Land Development Regulations, and has provided a justification statement for the waiver, which is attached for your review. The requested waiver is as follows: 1. Waiver from City Code Section 78-250 (a)(3), Preserve area requirements, to allow for a reduction in the preserve area width from 55 feet to 45 feet in the preserve along Military Trail and a reduction in the preserve area width from 100 feet to 88 feet in the preserve area along Central Boulevard. The current application is requesting approval of the following waiver: Date Prepared: May 4,2004 Meeting Date: June 3, 2004 Ordinance 23,2004 Resolution 125,2004 & Resolution 115,2004 Page 5 of 7 1) Natural Resources and Environmentally Significant Lands: The applicant has requested a waiver from the required 1 00-foot minimum width of the preserve area. The utility providers have requested easements along Central Boulevard and Military Trail, which requires a reduction in the widths of the preserve areas. The LDRs do not allow utility easements within preserve areas to diminish the potential impacts on preserve areas within a Planned Unit Development (PUD). Code Requirement: Section 78-250 requires a minimum 100-foot width for preserve areas. Staff Recommendation: The Donald Ross Village Planned Unit Development was granted a waiver to allow for a reduced width for a portion of the preserve area buffers through Ordinance 53, 2002. The applicant is seeking a waiver to allow a reduced upland preserve width along Central Boulevard and Military Trail. Since the approval of the Donald Ross Village PUD, the Seacoast Utility Authority has requested a 12-foot wide easement along Central Boulevard. The minimum proposed upland preserve width along Central Boulevard is 88 feet. In addition, the minimum dimension of the Military Trail preserve is reduced from the approved 55 feet to 45 feet due to a Florida Power & Light easement. Both easements will be placed under the approved sidewalks; therefore, they will have minimal impact on the preserve area. Staff recommends approval of the waiver request. CONSISTENCY WITH COMPREHENSIVE PLAN The following Comprehensive Plan policy allows for the mitigation of upland preservation off-site, as requested by the applicant: Policy 6.1 S.6.: “To ensure protection of environmentally sensitive areas and listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant Comprehensive Plan policy 6.1 S.4: 1. The project design provides for the protection and preservation of the most valuable or unique existing natural resources, listed species and environmentally significant lands on site; If no listed species have been determined to exist on the site or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the City Council is implemented; A minimum, 25% of upland native plant communities intact with canopy, understory and groundcover (e.g. pine sand scrub, xeric oak forest, hardwood hammock, pine flatwoods) is set aside as a preserve or; In cases of lots of less than 40 acres or where the quality of habitat on any size parcel does not warrant preservation of upland habitat on-site, preservation of such habitat on-site is not 2. 3a. 3b. Date Prepared: May 4,2004 Meeting Date: June 3, 2004 Ordinance 23,2004 Resolution 125,2004 & Resolution 115,2004 Page 6 of 7 otherwise required by policy or ordinance, and upland habitat of equivalent type and area is available elsewhere in the City, the developer shall preserve similar communities off-site, provide monies for the acquisition of similar or better quality native plant communities, or restore similar plant communities. Off-site preservation and restoration of communities may be required at a greater ratio; Wetland habitats are set-aside as preserves, and development is prohibited in wetlands except under the following circumstances consistent with Treasure Coast Regional Planning Council Policy 6.6.1.1): 1) Such an activity is necessary to prevent or eliminate a public hazard; 2) Such an activity would provide direct public benefit which would exceed those lost as a result of the modification; 3) Such an activity is proposed for habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored; 4) Due to the unique geometry of the site, it is the unavoidable consequence of development for uses which are appropriate given site characteristics, or; Wetlands shall be protected by a density transfer program to upland areas. Where development occurs within wetlands, the developer must mitigate the function and value of those wetlands. Development activities shall occur at a density of no more than one dwelling unit per five acres in the urban area and one dwelling unit per twenty acres in the rural area, shall be clustered to the least environmentally sensitive portion of the site and shall include design considerations to protect the wetland functions of the rest of the site. Consistent with SFWMD regulations, a minimum 15-fOOt upland buffer composed of native vegetation shall be preserved or established around wetland areas. For a site on which listed which listed species are known or suspected to be present, one of the following criteria shall be satisfied: 1 ) It shall be successfully demonstrated that the proposed land alteratiorddevelopment activity will not preclude the continued survival and viability of those listed species located on site; or 2) A plan for relocation, either on-site or off-site, for those listed species, shall be approved by all appropriate agencies.” 4a. 4b. 5. Approval of Ordinance 53, 2002 provided for a waiver to allow upland mitigation off-site for the Donald Ross Village Planned Unit Development (PUD). Currently, the applicant has provided staff with a vegetative analysis for the proposed off-site mitigation site located on the Bee Line Highway, approximately 1.25 miles northwest of PGA Boulevard. The proposed mitigation has been reviewed and approved by the City Forester, Mark Hendrickson and Environmental Consultant, James Sc hnelle . Currently, City Council past practice provides for at least 50% of the required preservation on site. The Donald Ross Village PUD was approved with 100% of upland preservation on site with the Date Prepared: May 4,2004 Meeting Date: June 3, 2004 Ordinance 23,2004 Resolution 125,2004 & Resolution 115,2004 Page I of I option of mitigating up to 20% off site. While the applicant is proposing to mitigate 29% of the upland preservation requirement off-site, 7 1 % will be retained on-site, consistent with City’s past practice. AMENDING ORIGINAL APPROVAL (ORDINANCE 53,2002) The original development order (Ordinance 53,3002), placed two conditions of approval upon the development relating to the upland preserve area mitigation, which read as follows: 36. No land alteratiodclearing shall be allowed for the hotel site and 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan for up to 1.87 acres of upland currently reflected on the approved PUD Master Plan as “Reserve/Preserve.” (Planning and Zoning) 37. Should the applicant pursue an off-site mitigation for up to 1.87 acres of upland preserve, currently reflected as Reserve Preserve on the hotel site and the 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances, said off-site mitigation shall be approved by a separate instrument. The final approved PUD Master Plan by this Ordinance shall be made consistent and replaced with the Master Plan reflected on Exhibit “F”, attached hereto and incorporated herein, once the off-site mitigation is approved by the City Council. (Planning and Zoning) In order to approve the current application, the development order must be amended to allow the applicant to mitigate up to 29% or 2.56 acres of the required upland preserve set aside off-site, as opposed to the maximum 1.87 acres set forth in the original development order (Ordinance 53, 2002). In addition, the City Staff has determined that it is more appropriate that the site plan approval and the conditions related thereto be transferred to a separate resolution, which is Resolution 125,2004. The attached ordinance (Ordinance 23,2004), re-affirms the zoning and separates the master plan approval and associated details, such as the conditions of approval, waivers, and the adopted documents. The attached Resolutions (Resolution 125,2004 & Resolution 115,2004) provide for the master plan approval and approval of the off-site mitigation. STAFF RECOMMENDATION Staff recommends approval of Ordinance 23,2004 and Resolution 125,2004, which re-affirms the zoning and transfers the master site plan approval to resolution. Staff recommends approval of Resolution 115, 2004, which approves the off-site mitigation for Donald Ross Village Planned Unit Development (PUD). Date Prepared: March 25,2003 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 53,2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A REZONING FROM PLANNED DEVELOPMENT AREA TO MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE DONALD ROSS VILLAGE AND APPROVAL FOR 156 MULTI-FAMILY RESIDENTIAL UNITS, 93-ROOM HOTEL, 9,000 SQUARE FEET OF PROFESSIONAL (BUSINESS) OFFICE, 3,236 SQUARE FEET OF GAS/CONVENIENCE STORE, 4,000 SQUARE FEET OF BANK, 14,873 SQUARE FEET OF DRUG STORE, 13,000 SQUARE FEET OF RESTAURANT USE, 2,400 SQUARE FEET OF OUTDOOR SEATING AREA FOR RETAIL, AND 88,987 SQUARE FEET OF RETAIL USES ON AN ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. APPROXIMATELY 45-ACRE SITE GENERALLY BOUNDED BY DONALD WHEREAS, the City received petition PUD-01-14 from Urban Design Studio, agent, for a rezoning from Planned Development Area to Mixed Use Planned Unit Development to be known as the Donald Ross Village and approval for 156 multi-family residential units, 93-room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas/convenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45- acre site generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east, as more particularly described in Exhibit “A” attached hereto and incorporated herein; and WHEREAS, the subject site is zoned Planned Development Area and has land-use designations of Commercial and Mixed Use; and WHEREAS, the gas statiodconvenience store has been reviewed as a conditional use and has met the conditional use criteria, per Section78-52 of the City’s Land Development Regulations; and WHEREAS, the Growth Management Department reviewed said petition and determined that it is sufficient and consistent with the City’s Land Development Regulations and the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on November 26,2002, and recommended conditional approval of the Donald Ross Village Mixed Use Planned Unit Development; and Date Prepared March 25,2003 Meeting Date: April 10,2003 Ordinance 53,2002 WHEREAS, the City Council has determined the adoption ofthis Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a rezoning from Planned Development Area to Mixed Use Planned Unit Development to be known as the Donald Ross Village PUD and approves 156 multi-family residential units, 93-room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gadconvenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45- acre site generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east, as more particularly described in Exhibit "A." SECTION 3: The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eleven waivers: A waiver from Section 78-285 of the City Code to allow for one (1) additional principal tenant sign for Building A, one (1) wall sign on the east elevation of Building F, one (1) wall sign on the south elevation of Building C, one (1) wall sign on the south elevation of Building D, one (1) wall sign on the west elevation of Building G, and one (1) wall sign on the east elevation of gas statiodconvenience store. Section 78-285 allows only one (1) wallhenant sign per tenant or per bay and must face right-of-way or primary entrance; A waiver from Section 78-157 of the City Code to allow for non-vertical integration of housing units with non-residential structures. Section 78-1 57 requires aminimum of 25% of net building area of structures allocated for neighborhood commercial uses to be designated for residential use; A waiver from Section 78-182 of the City Code to allow for an average of 55-foot-candles underneath convenience store/gas service canopy. Section 78-1 82 allows only a maximum of 10-foot-candles; A waiver from Section 78-563 of the City Code to allow for a removable fence within the Lake Maintenance Easement. Section 78-563 prohibits the placement of any kind of improvement within the easement; A wavier from Section 78-341 of the City Code to allow for on-street parking within the residential portion of the PUD. Section 78-314 does not provide for on-street parking; A waiver from Section 78-344 of the City Code to allow for nine (9) foot wide parking spaces for ninety-five (95) spaces within the residential portion of the PUD. Section 78-344 requires a width of ten (10) feet; 2 Date Prepared: March 25, 2003 Meeting Date: April 10,2003 Ordinance 53,2002 A waiver from Section 78-345 of the City Code to allow for an additional 14.4% of parking over and beyond the minimum required by Code for the residential portion of the PUD. Section 78-345 requires a waiver for the number of parking spaces equal to or exceeding 10% of the minimum required number of parking spaces; A waiver from Section 78-441 of the City Code to allow for the granting ofbuilding permits for dry models prior to plat approval. Section 78-441 requires plat approval prior to issuance of building permits; A waiver from Section 78-364 of the City Code to allow for eleven (1 1) loading spaces. Section 78-364 requires a total of seventeen (17) loading spaces on site based on the square footage of each individual non-residential building; A waiver from Section 78-250(a)(3) of the City Code to allow for a width of fifty-five (55) feet for upland preserves. Section 78-250(a)(3) requires a minimum of 100 feet; and A waiver from Section 78-250(a)(2)(b) of the City Code to allow for a utility easement within upland preserves along Donald Ross Road. Section 78-250(a)(2)(b) does not allow for the placement of easements within upland preserves. SECTION 4: Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Build-Out Date 1) The build-out date for this development is December 31, 2003. All infrastructure and common area landscaping shall be completed for the commercial and residential uses prior to this date. (Planning and Zoning) Temporarv Trailers 2) Any trailers used on site for construction, security or marketingkales purposes shall meet the requirements set forth in Section 78-159 of the Land Development Regulations. (Planning and Zoning) Temporary Signs 3) The applicant shall be permitted one 36 square-foot temporary development sign per right-of- way frontage (for a maximum total of three). Any additional temporary development signs shall require separate approval by the City Council. (Planning and Zoning) Master Sim Plan 4) Prior to the issuance of the first Certificate of Occupancy for any structure on site, the applicant shall submit an application for and receive approval from the City Council for a detailed master sign package for both the residential and non-residential portions of the site. 3 Date Prepared: March 25,2003 Meeting Date: April 10,2003 Ordinance 53,2002 The master sign plan shall include wall signs and monument signs proposed for the commercial uses on site, as well as entry features, address numbers and building numbers for the residential uses on site. The master sign plan shall also include directional signs, traffic regulatory signs and building directory signs. Neon signs and internally illuminated aluminum channel wall signs shall not be permitted. Backlit reverse channel wall signs and soffit signs may be permitted. (Planning and Zoning) Gateway Sign 5) If the City Council makes a decision on the specific location(s) and design of the City entryway signs, applicable to the Donald Ross Village PUD, the applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed monument signs at the Donald Ross Village PUD in accordance with the City Council decision. The specific locations may include the southwest comer of Donald Ross Road and Military Trail, and the southeast comer of Central Boulevard and Donald Ross Road within the Donald Ross Village PUD property. The applicant shall construct and maintain said entryway sign(s) within twelve (12) months of the City Council’s approval of the entryway sign plan. (Planning and Zoning) Future Site Plans For Phase 11 6) Future site plans for the Hotel and Future Retail Development Area shall be reviewed as major amendments to the Planned Unit Development, in accordance with Section 78- 49(b)(7) of the Land Development Regulations. A minor change ofup to 5% to the approved allocation of uses for the commercial and office buildings shall require administrative review and approval of a parking and traffic equivalency analysis by the Planning and Zoning Division. Any major modifications (greater than 5%) to the allocated uses shall require review and approval by City Council. (Planning & Zoning) 7) Future site and architecture plans for parcels within Phase LI shall comply with the architectural guidelines set forth by this Ordinance, as exhibited in attached Exhibit “B.” (Planning and Zoning) 8) Future site plans for parcels within Phase II shall substantially comply with “build-to streetline” standards (building footprint having a zero-foot setback to spine road sidewalk), as exhibited in attached Exhibit “C”, to enhance “main street” environment in this location. (Planning and Zoning) Art in Public Places 9) The applicant shall be required to provide Art-in-Public Places should construction costs exceed $1 million, pursuant to the Land Development Regulations. All public art shall be 4 Date Prepared: March 25,2003 Meeting Date: April 10,2003 Ordinance 53,2002 reviewed and approved by the Art Advisory Board. If the applicant is proposing to provide art on site to meet the Art in Public Places requirement, then the art shall be approved and installed prior to issuance of the final commercial Certificate of Occupancy for Phase I. (Planning and Zoning) Right-of Wav Landscaning The median and adjacent shoulder landscaping and imgation for Donald Ross Road, Military ' Trail, and Central Boulevard shall be installed and completed within six months from the issuance of the first clearing permit. (City Forester) The petitioner, successors and assigns shall be responsible for their fair share for the landscape, irrigation, and maintenance of the median and adjacent roadway shoulder landscaping for Donald Ross Road, Military Trail and Central Boulevard per Ordinance 36, 2002 (aka Roadway Beautification Plan). (City Forester) Detailed Landscape Plans referenced in Condition # 10 shall be prepared by the applicant based on the City Roadway Beautification Plan, and shall be submitted to the City for staff review no later than ninety (90) days after the effective date of this development order. (Planning and Zoning) Prior to the issuance of the first building permit, the applicant shall place monies, in an amount equal to 1 10% of the cost of the landscape improvements referenced in Condition # 10, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Donald Ross Village property owners association, successors or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). Environmental 14) Within thirty (30) days of the effective date of this Ordinance, the applicant shall submit a restoration plan for the two (2) disturbed wetlands located at the northwest comer and southeast comer of the subject site. (Planning and Zoning) 15) No land alteratiodclearing shall be allowed until all issues have been satisfied with the Florida Fish and Game Commission regarding the relocation of Gopher Tortoises on or off site. (Planning and Zoning) 5 Date Prepared: March 25,2003 Meeting Date: April 10,2003 Ordinance 53,2002 16) All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that such areas are identified and protected pursuant to City Code. (Planning and Zoning) 17) Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer, City Attorney and the City Forester. (Planning and Zoning) Dedications and ImDrovements 18) All sidewalks within the parkway easements not located within the road rights-of-way shall be dedicated as public access easements and shall be maintained by the master property owners association prior to issuance of the first commercial Certificate of Occupancy (Planning and Zoning). Police DepartmentKPTED Design 19) Numerical addresses shall be located on all buildings and illuminated for nighttime visibility. (Planning and Zoning, Police) 20) Parkway and preserve paths shall maximize natural surveillance of the pedestrian users through the selective vegetative management practices. Adjacent to parkway and preserve multi-use pathways, ground cover shall be no higher than 24 inches and trees having a minimum of seven foot clear trunk space shall create a natural surveillance. Additional measures may be required by the Police Department per CPTED. (Planning and Zoning, Police) 21) Prior to issuance of the first non-residential Certificate of Occupancy, all multi-use pathways and/or sidewalks adjacent to preserves shall be reviewed and approved by a CPTED certified police officer with the City. (Planning and Zoning, Police) 22) All pedestrian walkways on site, including parkway multi-use pathways and sidewalks within rights-of-way, shall be lit at minimum no less than .6 foot-candles with 14-foot high pedestrian scale lighting, to be of similar design to the parkway lighting used within the MirasoVJog Road parkway corridor. (Planning and Zoning, Police) 23) Prior to issuance of Certificate of Occupancy for the financial institution, a CPTED certified police officer shall inspect the structure for compliance with CPTED principles, as outlined in the Police Department memorandum dated February 1 , 2002, exhibited in “Exhibit D.” (Planning and Zoning, Police) 6 Date Prepared: March 25, 2003 Meeting Date: April 10,2003 Ordinance 53, 2002 24) Prior to the issuance of the first residential building permit, a CPTED certified officer shall review construction plans for compliance with CPTED principles, including but not limited to strike hardened doors, peep-holes, telephone line connection box within garage, building lighting and lighted address and building numbers. (Planning and Zoning, Police) 25) The height of all light poles along the parkway buffer shall not exceed 14 feet in height and shall be metal halide. All lighting shall not conflict with landscaping. (Planning and Zoning, Police) Fire DeDartment 26) Prior to the issuance of the first Certificate of Occupancy for three story residential buildings, the Fire Marshall shall inspect the units for fire sprinkler installation, as required by City Ordinance. (Fire Department) Service Station Lighting 27) Lighting for the service station canopy shall be recessed and shielded or shall contain a cutoff luminaire within the structure or fixture in which it is located. The lighting source shall not be visible from adjacent properties or rights-of-way. The maximum average foot-candle for the service station shall be fifty-five (55). (Planning and Zoning) Uses Permitted 28) Uses permitted within the non-residential buildings on site shall be consistent with the permitted use table attached to this Ordinance as “Exhibit E.” Any use hereby not approved which is identified as a conditional use by the City’s LDRs must undergo conditional use analysis and review and be approved by the City Council. Any medical office use on site shall be required to undergo an administrative review, including a parking analysis and a traffic equivalency statement consistent with the approved traffic concurrency, to be approved by the Growth Management Director. (Planning and Zoning) 29) Prior to the issuance of each building permit for interior renovations of any non-residential use approved on site, the applicant or its agent shall submit a breakdown by use of the gross square footage for lease of all buildings containing non-residential uses for approval by the Planning & Zoning Division. The petitioner shall conform to the approved non-residential uses, the percentages thereof, and the total square footage of each approved use for Parcel 4.04 of the PUD as reflected in Exhibit “G.” (Planning & Zoning). 30) The total square footage allocated for restaurant use shall not exceed 25% of total approved square footage for the entire PUD, excluding the square footage approved for the two restaurants located at Buildings C and D. (Planning and Zoning) 7 . . -. . .. .. . .. . __ Date Prepared: March 25, 2003 Meeting Date: April 10,2003 Ordinance 53,2002 Disclosure 3 1) Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) 32) Prior to issuance of the first building permit, the petitioner shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the petitioner or the property owners association over the entire PUD. (City Attorney and Planning and Zoning) 33) Prior to issuance of the first residential Certificate of Occupancy, the petitioner shall provide to the City Attorney the master property owners association documents containing language disclosing the proximity of the residential area to the commercial buildings, including buildings H and J. (City Attorney) Residential Signage. Lighting and Accessory Buildings 34) Within ninety (90) days of approval of this ordinance, the applicant shall submit for City Council review and approval an application including details and site plans of the residential sign program, entry features, and all accessory buildings, including gazebos, and lighting for the residential portion of the PUD. (Planning and Zoning) Temporary DumDsters 35) The applicant shall be permitted two (2) temporary dumpster locations on Parcel H, to allow for refuse collection for Buildings A and B. The temporary dumpster locations shall be removed upon construction of the access roads on this parcel or no later than 12 months after the issuance of the final certificate of occupancy for the non-residential portion of Phase 1, whichever comes first, at which time the dumpsters shall be re-located to the ‘permanent location indicated on the master site plan or as amended with the Phase II site plans for Buildings H and J. The dumpsters shall be screened with a material consistent with the architecture of Buildings A and B and shall be located in a landscaped area. (Planning and Zoning) Drv-Model Permits prior to Platting 36) The applicant shall post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 113 of the hard costs of construction of all of the proposed models, as exhibited in the attached Exhibit “C.” No 8 - -. . ~ - . . . . . . .. Date Prepared: March 25,2003 Meeting Date: April 10, 2003 Ordinance 53,2002 more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineering) Off-Site MitiPation 37) No land alteratiodclearing shall be allowed for the hotel site and 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan for up to 1.87 acres of upland currently reflected on the approved PUD Master Plan as “Reserve/Preserve.” (Planning and Zoning) 38) Should the applicant pursue an off-site mitigation for up to 1.87 acres of upland preserve, currently reflected as Reserve Preserve on the hotel site and the 43 parking spaces adjacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances, said off- site mitigation shall be approved by a separate instrument. The final approved PUD Master Plan by this Ordinance shall be made consistent and replaced with the Master Plan reflected on Exhibit “F”, attached hereto and incorporated herein, once the off-site mitigation is approved by the City Council. (Planning and Zoning) SECTION 5: The subject 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. March 3 1,2003 Master Plan by Urban Design Studio. Eleven sheets. March 3 1,2003 Landscape Plan by Urban Design Studio. Eleven sheets. July 26,2002 Buildings A and B Roof and Floor Plan by Oliver Glidden & Partners. Sheet July 24,2002 Buildings A and B Elevations by Oliver Glidden & Partners. Sheet A-2. August 15,2002 Building C Roof, Floor and Elevation Plans by Oliver Glidden & Partners. Sheet A-6. August 15,2002 Building D Roof, Floor and Elevation Plans by Oliver Glidden & Partners. Sheet A-7. November 7, 2002 Building F Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A-4. August 15,2002 Building G Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A-5. August 15,2002 Building I Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A-3. August 14, 2002 Townhome Roof, Floor and Elevation Plans by Wolff-DeCamillo and Associates. Seven sheets. March 3 1,2003 Conceptual Engineering Plan by Schaefer Fagan & Cooper, Inc. One sheet. January 17,2003 Photometric Plan by Urban Design Studio. One sheet. A-1. 9 .- Date Prepared: March 25,2003 Meeting Date: April 10,2003 Ordinance 53,2002 SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This Ordinance shall become effective immediately upon adoption. [This space is intentionally left blank] Date Prepared: March 25,2003 Meeting Date: April 10, 2003 Ordinance 53,2002 this 6* dayof Wrr~ - *OO3* PASSED, FIRST READING PASSED, SECOND READING this /Op dayof &% 5. ,2003. PASSED, ADOPTED AND APPROVED this I@’% day of MA C ,2003. ATTEST: ’ PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLlN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G:tbenothman/pud-01- 14-p&z-str-2 11 I HEREBY CERTIFY that I have approved this ORDINANCE as to form. /&dG STINE TATUM, CITY ATTORNEY -- AYE NAY ABSENT Date Prepared: March 25, 2003 Meeting Date: April 10,2003 Ordinance 53,2002 EXHIBIT A (Next Page) 12 .- -__ . FILE No.748 12/09 '02 11:40 ID:WIBRN DESIGN STUDIO FAx:561 689 0551 PAGE 2/ 2 '. EXHIBIT A Porccl 4.02 A parcel of land lying in Section 25, Township 41 South, Range 42 East, Palm Beach County, Florida, and being more particularly described as follows: Beginning at the intersection of the South right of way line of Donald Ross Road and the East right of way line of Central Boulevard; thcncri South 00' 48' 04" West, along said East right of way line of Central Boulevard (the East tight of way line of Central Boulevard is assumed to beer Sooth 0oo 48' 04" West and all other 'aearings referenced herein ate relative thereto); a distance of 839.86 feet to a non=tangent cucve'having a radial bearing of North 03O 30' 17'' West, a radius of 840.06 feet, and a central angle of 86" 25' 48". Thence proceed Easterly and Northerly along the arc of said curve, a distance of 1,267.22 feet to the end of said curve to a poinr on said South right of way line of Donald Ross Road; thence North 89O 50' 03" West, along said South right of way line, a distance of 776.97 feer to the POINT OF BEGTNNMG of the herein described parcel. LESS AND EXCEPTING Tl-EREFROM that certain right of way described in Oficial Records Book 9567, page 761, public records of Palm Beach County, Florida. Parcel 4.04 A parcel of land situate in Section 25, Towmihip 41 South, Range 42 East, Palm Beach County, Florida, and being mare particularly described as follows: Commencing at the intersection of the South right of way line of Donald Ross Road and the East right of way line of Cenlral Boulevard; thence South 89" 50' 03" East, along said South right of way line (rhe South right of way line of Donriid Pass Road is assumed to bear South figa SO' 03'* East and all other bearings referenced herein are relativa thereto), a distance of 776.97 feet to the POMT OF BEGMNTNG of [he herein described parcel. Said POWT OF BEGWG also being on a non-cangent CUIV~ having a radial bearing of North 89' 56' 04" West, B radius of 840.06 feet, and B central angle of 86' 25' 4fL"; thence proceed Southarty and Westerly along the arc of said curve, a distance of 1,267.22 feet to the end of said curve and II point on the East right of way line of Central Boulevard; thence Sooth 00' 48' 04" West, along said East right of way line, .a disiance of 429.42 feet to a poinr on the North line of the William Dwyer High School Site as described in Official Records Bpok 5889, page 534; thence South 89' 51' 04" Military Trail; thence Nonh 01" 22' 09" Ew, along said West right of way line, a distance of 1,269.01 feet to a point on the South right of way line of Donald Ross Road; thence North 89" SO' 03" West, along said South right of way line, a distance of 806.17 feer to the POMT OF BEGINNING ofthe herein dcscribcd parcel. LESS AND EXCEPTING THEREFROM [he right of way described in OFficial Records Book 7483, page 1746, public records of Palm Beach County, Florida. 1 East, along said North line, a distance of 1,570.56 feet 10 a point on the West right of way line of EXHIBIT B (Next Page) 13 Date Prepared: March 25,2003 Meeting Date: April 10,2003 Ordinance 53,2002 EXHIBIT B DESIGN GUIDELINES DONALD ROSS VILLAGE PUD September 19,2002 Roof treatments may include flat, gable or hip roofs. The gable and/or hip roofs shall include three-color blend of concrete "S" tile to match the three-color tile blend of the previously submitted commercial buildings. Building colors allowed shall match the colors of the previously submitted commercial buildings. Metal trim work shall match the color of the previously submitted commercial building. Building awnings match the colors of the previously submitted commercial buildings. Alternate colors may be approved if combined in a unified fashion and approved by the Growth Management Director or his designee. Common architectural elements shall include: e Concrete block construction with textured stucco color-blend concrete 'S' tile. mass element. fascia lines. entrances and along facades exceeding 100'. e A minimum of 50% of the building perimeter shall have a pitched roof with 3 Imitation wooden outlookers at fascia lines of pitched roofs at raised building Simulated stone cornice treatment at remaining roof parapet wall and pitched roof Raised building mass and pitched roof with breaks in wall plane at building Periodic horizontal raised banding at intermediate wall planes. Periodic accent tile medallions and banding Fabric awnings at selected windows. e e e e Multi-paneled windows e Tenant and building identification signage shall conform to approved PUD signage program. Date Prepared March 25,2003 Meeting Date: April 10,2003 Ordinance 53,2002 EXHIBIT C (Next Page) 14 FILE No.7n 12/05 '02 16:03 ID:URBW\I DESIGN STUDIO FAX:561 689 0551 PFlGE ?/ 7 EXHIBIT C Donald Ross Villag AKA Parcel 4.OZIM Palm Beach Gardens, Flor da once ua ul In ootprnt I and c Eon=a&al ftarMn#&on Date Prepared: March 25, 2003 Meeting Date: April 10,2003 Ordinance 53,2002 EXHIBIT D (Next Five Pages) 15 w- - --1- EXHIBIT D Inner-Office Memorandum To: Ed Tombari, Gro From: Lieutenant Jay Ref: Parcel 4.02 & 4.04 (Center Fund) MXD Use PUD Date: 210 1/02 1. 2. 3. 4. 5. 6. 9. Will need to provide a detailed photometric plan. Lighting locations should not conflict with landscaping (to include long term tree canopy growth). Metal Halide lighting should be used for all street and pedestrian walkways. Buildings lighting (non-glare) should be around perimeter of all sides and on pedestrian sidewalk surrounding the buildings. Provide lighting for entrance sign. Numerical address on all buildings: a. Needs to be illuminated for nighttime visibility. b. Must have bi-directional visibility from the roadway. Landscaping should not obstruct view from windows or walkways. 10. All perimeter doors should be equipped with hinges that utilize non- removable hinge pins. 1 1. All strike areas of perimeter doors should be equipped with reinforced, case hardened strike plate. -s-- 12. Site plan does not indicate sidewalk leading to and from center. Northmil Plaza is a good example for this if you want to visit there. 13. The rear doors to the buildings should be equipped with a peephole viewer. 14. All stairways should provide open views. 15. Bank security needs: Height markers at main exit doors. Install alarm system. I EXHIBIT D For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed above exit doors and teller counters and the drive-thru lanes. 0 Installation of money lever switch within teller cash drawers that will activate alarm system in emergency situations. ATM - Comply with F.S.S. 655.960-965 relating to ATM (copy provided): a. Must be visible from roadway(s). b. Should not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install slow speed video camera that records 24 hours a day d. High illumination of ATM and walkway leading to and from it. Lighting should be positioned also as not to cause glare of video recording. mirror to allow operator of ATM to identify any approaching person(s) and/or potential suspect(s). e. Install and strategically place a convex 16. All Drive-thru's needs signage stating one way only. 17. For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed for the retail drive-thru . EXHIBIT D 18. Hotel security needs: Hotel needs to be readily identifiable by name. The main entrance should lead directly to the front lobby area with visible signage indicating so. TraMic leading to lobby overhang andor circular drive should be one way with signage stating same. Bellboys should be instructed to greet guests to reduce the fear of crime and provide a sense of security. They should be trained to recognize suspicious persons, be and extra set of security eyes and ears for the parking lot areas, teach guests how to secure their possessions and communicate to them safe areas and routes to visit. Consider utilizing uniformed or non-uniformed personnel whose primary fbnction is security. Guest should have 24-hour access to an on-premises guest contact staff member. Lodging properties should use application forms containing language that the employer can conduct criminal background checks on all employees. Lodging properties should establish written employee policies and procedures for lost and found properties. Front desk clerks should be on duty at all times. Keep beverage machines in open areas instead of secluded ones. Pay phones should be kept in open areas, preferably within view of the front desk. Legends, marquis maps, etc. should be used indicating location of conference rooms, elevators, stairs, lobby areas, restaurants, pool, tennis court, workout room, etc. Gift shop windows should be clear to increase natural surveillance. All guestrooms need to have electronic card access versus mechanical locking system. Guestroom entry door should have auxiliary hnctioning locks. Each guestroom should be provided with in-room electronic safes. Note: Must be preplanned by electrical engineer for electrical There should be no access to guestrooms fiom outside unless by electronic access. Interior hallways should lead to all guestrooms. hoo k-up. EXHIBIT D I I Restrict access to pool/spa/sauna through the use of key card or key. For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed for all parking lot sections, pool areas, ancillary hotel access points, front lobby desk, etc. The Hampton Inn has this if you want to visit there. 19. All ingresdegress locations should be designed the same as Northmil Plaza. 20. The landscape buffer will create a situation where natural surveillance of the development will be extremely limited, petitioner should compensate with other alternative preventive measures. 21 0 0 0 0 0 0 0 0 . . Convenience Store Security - Comply with Florida State Statute 81 2.173 : For potential criminal activity detection, a high-resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed to cover all register locations in use. The camera system should be positioned to cover all registers in use and to minimize tampering by customers or offenders. The camera system should be capable of continuous operation or activation by a remote triggering device such as a concealed button. A drop safe or cash management for restricted access to cash receipts. A lighted parking lot illuminated at an intensity of at least 2 foot-candles per square foot at 18 inches above the surface. A conspicuous notice at the entrance which states that the cash register contains $50 or less. Window signage and window tinting must allow for a clear unobstructed view of the cash register and sales transaction area from inside or outside of the building and in a normal line of sight. The degree of window tinting shall allow for physical identification of all individuals in the sales transaction area fiom outside the building and in a normal line of sight at all times. Conspicuous height markers with digits at least one inch in size at the inside entrance ofthe convenience business. A written cash management policy that is kept on site, limits the cash on hand at all times after 11 P.M. and before 5 A.M. - - EXHIBIT D A silent alarm which activates a signal to a law enforcement agency or a private security agency is required. Silent alarms shall have a primary and secondary power source. 22. Parkway Preserve paths: Shall maximize natural surveillance of the pedestrian users through selective vegetative management practices. Ground cover should be no higher than 24'' and trees having a minimum 7' clear trunk space creating a natural surveillance window. Install 14' pedestrian scale lighting. As a general rule, the minimum lighting intensity at any point along the path should be at 0.6 foot-candles. Sight lines should have a 12' clear distance space at entry points, curves, mergers, intersections, etc. Install signage to promote enhanced safety and awareness. Example : Trail system traverses heavily, wooded and secluded areas. visitors encouraged to travel with a partner. Date Prepared: March 25, 2003 Meeting Date: April 10,2003 Ordinance 53,2002 EXHIBIT E (Next Two Pages) 16 December 2,2002 EXHIBITE - City of Palm Beach Gardens PUD uses Donald Ross Village PUD 0 The following shall be the permitted uses within the Planned Unit Development: accessory uses; accountant; adjuster, insurance; advertising office; alteratioddress making shop antique shop; appliance and/or electronics stores; appraiser; architect; art gallery and/or museum; art studio, gallery and supplies; arts fabric store, attorney; bakery, banwfinancial institutions; barber shops; bicycle shop; blueprinting service; bookstore; bridal formalwear store; broker; building, plumbing and electrical contractor’s office; camera and photographic supplies sales and service; candy, nuts, confectionery and ice cream shop; card and party store; catering services; china, crockery, glassware and earthenware clothing store and accessories; comedy entertainment club and/or night club; commercial photography studio; confectionary & ice cream shop; convenience store wlgas sales; cosmetics shop; costumehxedo rental; dance school/studio; data processing service; delicatessen; department store; shops; development & printing film; drug store (with pick-up window); dry cleaning; electronics sales and repair; emergency health care; engineering office; fitness studio; floor covering sales; floral or florist shop; food market; furniture store; games and entertainment stores; general retail; gift and card shop; grocery store; gymnasium, health and fitness center; hardware store; health and fitness club or day spa; hobby and/or craft shops; hoteVmotels, household furnishing store; income tax service; insurance agencies and bond office; interior design including sales; jewelry store; laundry, coin operated leather goods and luggage stores; liquor store; loan company office; locksmith; luggage store; mail and packing store; marine equipment sales; market research office; medical equipment rentaljleasing; minor utilities; multifamily dwellings; music store; music and musical instrument sales; newstand; notary public ofice; office equipment sales; optical store; optical, optician or optometrist offices; paint and wallpaper store; party supplies leasinghental; personal services pet shop including overnight pets (in a soundproof building); photocopying store; picture framing; pottery shop; private club or lodge; professional and business offices; real estate saledmanagement office; residential use restaurants (without drive-thru); school/studio - art; school/studio - business; shoe store; soft goods stores; specialty grocery store; sporting goods store; stationary shop; stock exchanges and brokerage ofice; studio (instructional or professional); surgical and orthopedic store; swimming pool supplies; tailor; telecommunication equipment sales (for personal use); tobacco shop; toy store; travel agency; veterinarian (overnight pets subject to City Performance Standards); video rentals and sales (family oriented); yoga instruction. EXHIBIT E Date Prepared: March 25,2003 Meeting Date: April 10,2003 Ordinance 53,2002 EXHIBIT F (Next Page) 17 I] 85 Date Prepared: March 25, 2003 Meeting Date: April 10,2003 Ordinance 53,2002 EXHIBIT G (Next Page) 18 . EXHIBIT G FOOTAGE *** . INC. Tala1 Benothman Sean C. Donahue, P.E. FROM: CONSULTING ClWL ENGINEERS. SURVEYORS &MAPPERS I CIVIL AGRICULTURAL WATER RESOURCES WAER & WASTEWATER TRANSPORTATION SURVEY & 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 DATE: March 21,2003 FILE NO. 99-4089 SUBJECT: Parcel 4.02 / 4.04 (AKA Donald Ross Village) - Additional Right Turn Lane to Convenience Store/Gas Station We have reviewed the following plans received March 13,2003: 0 Conceptual Engineering Plan and Details prepared by Schaefer, Fagan 0 0 0 Narrative from Urban Design Studio for addition of right turn lane to the Convenience Store and Gas Station in Donald Ross Village Master Plan and Details prepared by Urban Design Studio Consulting Engineers, Inc. Landscape Plan and Details prepared by Urban Design Studio Updated Traffic Impact, by Kimley-Horn and Associates, Inc Letter from Kimley-Horn and Associates, Inc. We have the following comments: 0 The comments listed below are based on the requirements specified in FDOT Index 301 and the FDOT Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of Street and Highways, also known as the FDOT Green Book. 1. In the narrative, the applicant requests a reduction, in the required 1ength.of the deceleration lane, for the right turn movement. The FDOT Index 301 specifies 185 feet (85 feet for clearance and 100 feet for stopping for a 45-mph design speed), from the start of the taper to the point of cars being stacked (Queue area). The actual deceleration length shown by the applicant of 93 feet is not sufficient. The applicant stated that lower standards were needed for the deceleration lanes. However, based on the classification of Donald Ross Road, the fact that it is major access from 1-95 and that freeway traffic will be utilizing the site, and the proximity to the Central Boulevard intersection, the required turn lane standards need to be provided at a minimum. 2. The applicant shall provide the required stopping distance prior to the start of the radius, to allow safe entry into the parcel. 3. The applicant further states that “The only potential conflict for right turn vehicles at the western most (proposed) driveway is with pedestrians in the crosswalk”. The applicant does not address the shared use of the deceleration Parcel 4.02 14.04 LBFH File No. 99-4089 Page 2 of 2 4. 5. 6. 7. 8. 9. lane, with the middle driveway, and the potential conflict with vehicles intending to continue to that location, before entering the development. There is a potential for conflict with this traffic. Therefore the deceleration lanes should be separated with the "proposed" (westemmost) deceleration lane independent of the middle deceleration lane. The applicant needs to provide advanced pedestrian warning signage on the plans prior to the crosswalk on the access road. In addition, a "Do Not Enter" sign is needed north-bound The applicant is proposing a sidewalk on the outside of the curve in the direct path of entering vehicles, This creates a pedestrian safety hazard, as the turning cars do not have adequate distance to reduce speed prior to the pedestrian crosswalk. The applicant is requesting a waiver from LDR Section 78-506 to construct a four foot wide sidewalk in lieu of the requirement for a minimum five foot wide sidewalk. Please note that we will remain in support of the LDR requirements. The proposed 4 foot wide sidewalk needs to be extended to the building. The "Access Road to Gas Station" detail provided on the Conceptual Engineering Plan shows the access road 4+ feet above the existing ground. The applicant needs to revise the detail to provide minimum 4: 1 (horizonta1:vertical) slopes from the road to the existing ground. In addition, the applicant needs to determine the areas impacted by the slopes and remove that disturbed area from the preserve acreages shown. A "Do Not Enter" sign is proposed adjacent to the northeast comer of the convenience store. It does not appear that the vehicles leaving the car wash will have adequate turning radii to turn north when leaving the car wash. In addition, it appears that the car wash is positioned so that the cars leaving the car wash will exit to the south. The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCDhef cc: Mark Hendrickson - City Forester Scott Fetterman - Deputy Fire Chief . , urban February 20,2003 Mr. Charles Wu, AICP Growth Management Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: INTERNAL CURB CUTS WITHIN THE Communication Graphics Urban Design Urban Planning Land Planning Landscape Architecture DONALD ROSS VILLAGE MXD PUD UDS REF.:#99044.00 PBG PETITION: PUD-01-14 Dear Charles: During the discussion of Donald Ross Village PUD at the February 6,2003 City Council meeting, Vice Mayor Carl Sabatello expressed concerns regarding the stacking distance for two interior, on-site curb cuts. Specifically, he mentioned the Central Boulevard entrance and the northern Military Trail entrance to the project. We are seeking your confirmation that the locations of both of these interior curb cuts are consistent with the City’s Land Development Regulations with regards to providing the necessary 1 00-foot stacking distance. For your information, attached are two plan details for these entrances, which indicate all the applicable dimensions. For your information, the northern project entrance along Military Trail has the following characteristics: The entrance is a right-in, right-out entrance located approximately 420 feet south There is a dedicated deceleration lane proposed for this entrance. The There is 106.5 feet of vehicular stacking distance between the traffic through lane of the Donald Ross RoadMilitary Trail intersection. The entrance is for southbound traffic only. deceleration lane features a %-foot long taper with 280 feet of vehicular stacking. of Military Trail to the intersection drive aisle between the Bank and the Drugstore. Because of we are providing a deceleration lane for this entrance, there will be 94.5 feet of stacking distance between the end of the deceleration lane and the intersecting drive aisle. exit from the Bank’s drive-through lanes. The first opportunity to make a left turn from this entrance is approximately 200 feet from the end of the deceleration lane. additional feet to the first parking space adjacent to the Drugstore site. The Bank vehicle link to this entrance drive is an exit-only connection. This is the From the initial intersecting drive aisles at this entrance, there is approximately 50 G:UobsVarccl4.0204VUD\CurbCutLtr.02 1 103. wpd LCC35 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 561.689.0066 561.689.0551 fax irvine, CA 714.489.8131 e Including the deceleration lane and taper, there is 424.5 feet of stacking for a vehicle leaving the through travel lane on southbound Military Trail until the first intersection of drive aisles. There is 474.5 feet from the beginning of the deceleration lanehaper to the nearest parking space to the northern Military Trail entrance. The Central Boulevard entrance to the Donald Ross Village PUD has the following characteristics: The entrance is a right-in, right-out entrance and it is exclusively for northbound traffic on Central Boulevard. There is a dedicated deceleration lane for this entrance. The deceleration lane features a 50-foot long taper with 280 feet of stacking. There is 148 feet of stacking distance between the existing traffic through lane to median cut for the entrance to the Convenience Store. Because we are providing a deceleration lane at this entrance, there will be 136 feet of stacking distance between the end of the deceleration lane and the intersecting drive aisle to the Convenience Store with gas sales. vehicle leaving the through travel lane on northbound Central Boulevard until the first intersection of drive aisles. e e Including the deceleration lane and taper, there is 466 feet of stacking for a We believe both of these entrances meet the City’s standards for vehicular stacking. Please review these plan details and the above information. We ask that you share this information with Vice Mayor Sabatello, who specifically expressed a concern regarding the location of the interior curb cuts on this site. Should you have any questions regarding this matter, please feel free to contact me. Sincerely, Urban Design St Henry Skokowski, AICP C: Tom Hamilton Andrew Brock Peter Brock John Gary Attachments G.VobsWarccl4.0204WUD\CurbCutLtr.02 I1 03.wpd LCC35 VTITTTTT -r+ + ++++++++++++ +++++++++++ ++++++++++++ +++++++++++ ++++++++++++ +++++++++++ ++++++++++++ +++++++++++ +++++++++++4 .A W '0 I +++++++++w+++ &+++++++++ ' +++++++++ ++e++++ + -.+ + + + + + + + + +++++++++ +++++++++ +++I %+:+sa #+++2? *+ + + + + + + + + + + + + + + + + + + + + + .+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + c ' IL - AKA Parcel 4.02104 Palm Beach Gardens Florida Master Plan Details - Aotel Site Donald Ross Village AKA Parcel 4.02/04 Palm Beach Gardens Florida Master Plan Detalls - hotel Site 8 .- 2 > rzl I Q) u L Q a c) a 0 I Q) L 0 VJ 00 a .c1 & M r Y 0 d .- c I II ! 5 urban March 12,2003 Mr. Talal Benothman, AICP Principal Planner Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 334 10 Urban Design Urban Planning Land Planning LandscaDe Architecture Communication Graphics RE: ADDITION OF RIGHT TURN IN ONLY ENTRANCE TO THE CONVENIENCE STORE/GAS STATION WITHIN THE DONALD ROSS VILLAGE PUD - RESUBMITTAL OF PLANS PBG PETITION:# PUD-01-14 UDS REF.:# 99-044.00 Dear Talal: At the request of City Council during its March 6,2003 meeting, attached for your review and consideration are the revised Master Site, Landscaping and Engineering plans which indicate the provision of a right-turn only entrance from Donald Ross Road to the convenience store/gas station within the Donald Ross Village Planned Unit Development. With the 12-foot wide one-way entrance drive, we are also providing a four-foot wide sidewalk adjacent to the entrance drive. We are requesting a four-foot wide sidewalk in an effort to reduce the impacts to the surrounding upland preserve areas. In addition, there will be a critter crossing underneath this entrance-only drive. The addition of the turn lane and an additional contingency allowance for off site mitigation results in an additional 0.18 acre to be identified as a reserve preserve on the revised Master Plan. Forty-three (43) parking spaces within the Donald Ross Village PUD have been identified as the “Reserve Preserve” in addition to the hotel site. With the 43 parking spaces identified as additional “Reserve Preserve,” Phase 1 of the Donald Ross Village PUD will have a surplus of 91 parking spaces. With the additional 0.16 acres of “Reserve Preserve,” there will be a total of 1.87 acres of “Reserve Preserve” on site. With this resubmittal, we are submitting: 0 Master Site Plan, by Urban Design Studio, dated March 12,2003 Master Reserve Preserve Plan, by Urban Design Studio, dated March 12,2003 Landscape Plan, by Urban Design Studio, dated March 12,2003 Conceptual Engineering Plan, by Schaefer Fagan Cooper Engineers, dated March 12, 0 Updated Traffic Impact, by Kimley-Horn and Associates, Inc., \ Letter from Kimley-Horn and Associates, Inc, dated March 12, 0 0 . 2003 dated March 1 1,2003 0 *oo0 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 561.689.0066 561.689.0551 fax Irvine, CA 714.489.81 31 2003, detailing the benefits provided by the additional entrance. Suggested revised conditions of approval. We look forward to be heard at the April 10,2003 City Council meeting. Should you have any questions, please feel free to contact me. Sincerely, Urban Design Studio Henry Skokowski, AICP Principal C: Tom Hamilton Andrew Brock Peter Brock Michael Smolak John Gary PROPOSED NEW CONDITIONS FOR DONALD ROSS VILLAGE PUD ORDINANCE 53,2002 Off-Site Mitigation 37) No land alteratiodclearing shall be allowed for the hotel site and the 43 parkinn spaces adiacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan for the k6!9 up to 1.87 acres of upland currently reflected on the approved PUD Master Plan as “Reserve Preserve.” 38) Should the applicant pursue an off-site mitigation for the k69 up tol.87 acres of upland preserve, currently reflected as Reserve Preserve on the hotel site and the 38 Darking maces adiacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances, said off-site mitigation shall be approved by a separate instrument. The final approved PUD Master Plan by this Ordinance shall be made consistent and replaced with the Master Plan reflected on Exhibit “F”, attached hereto and incorporated herein, once the off-site mitigation is approved by the City Council. Kimley-Horn ' mk and Associates, Inc. August 19.2002 Revised: September 24,2002 Revised: October 14,2002 Revised: November 7,2002 Revised: November 19,2002 Revised: January 9,2003 Revised: January 14,2003 Revised: March 11,2003 Mr. Marty Minor, AICP Urban Design Studio 2000 Palm Beach Lakes Boulevard Suite 600 - The Concourse West Palm Beach, Florida 33409 Re: Parcel 4.02/4.04 (a.k.a. Donald Ross Village) Revised Driveway Volumes 0405 5 6002 Dear Mr. Minor: At your request, Kimley-Horn and Associates, Inc. is submitting a revised driveway volume analysis based on the reinstatement of the westernmost right-in driveway on Donald Ross Road. The land use program will not change from the previous submittal. The proposed development program will still include: . . . 88,987 square feet of general retail uses 14,873 square foot drugstore 15,400 square foot quality restaurant (including 2,400 square feet of outdoor seating) 4,000 square foot drive-in bank 9,000 square feet of general office 156 multi-family dwelling units 93 room hotel 3,236 square foot convenience store . 16 pump gas station ,<r :- , \2- -LiQ;& A trip generation equivalency analysis was undertaken in which the trips associated with the proposed development were compared to the trips associated proposed development trip generation while Table 2 shows the trip generation for the originally approved land uses. As can be seen in Table 1, there are net reductions of 339 daily trips, 4 AM peak hour trips and 21 PM peak houk,trips. '\ . kc\\ with the revised approved development trip generation. Table 1 presents the , \ 'L. , i I m Kimley-Horn Q and Associates, Inc. Mr. Marty Minor. AICP. Revised March 11,2003 Page 2 Driveway volumes used in Figure 1 are 14,925 daily trips, 644 AM peak hour trips, and 1,493 PM peak hour trips. According to Palm Beach County’s “Guide to Parking Lot and Street Access Design Criteria and Standards,” it is necessary to classify project entrances as I 443, Drive West Palm Beah, ~ioria minor, intermediate, or major according to the following criteria: 33407 1. 2. 3. Minor - Provides for a maximum average daily traffic of 500. Intermediate - Provides for a maximum average daily traffic from 501 to 2,000. Major - Provides for a maximum average daily traffic greater than 2,000. Using these criteria, the western Donald Ross Road driveway and the northern Military Trail driveway would be classified as intermediate and the remaining access points would be. classified as major. Based on the peak hour turning movement driveway volumes, a right-turn ingress lane is needed at the Central Boulevard driveway and the western and middle driveways on Donald Ross Road. Left-turn ingress lanes are need at the southern driveway on Military Trail and the middle driveway on Donald Ross Road. If you have any questions, please do not hesitate to call. Sincerely , SSOCIATES, INC. LRCB/grb Attachments P:V)40N6002Y)31103mmdoe I TEL 561 845 0665 FAX 561 863 8175 . . . .. . - .. . . __ . TABLE 1 PARCEL 4.02 I4.M (A.K.A. DONALD ROSS VILLAGE) TRIP GEh'ERATION . PROPOSED ind Use 7 Cointcrcial Retail Quality Restaurants hive-In Bank Office Apartment Ilotel Convcnicncc Stnre Cas Station SUBTOTAL Drugstore .Caoture Retail Drugstore RerlourMt Drive-in Bank Office Apanment Houl Convenience Store Convenience Store to Cas Station Gar Station TOTAL INTERNAL CAPTURE UkEx Conuncrcial Retail Quality Restaurants Drive-In Bank office Hotcl Convenience Store Gas Stntion TOTAL PASS-BY Drugstore DRIVEWAY VOLUMES NET NEW EXTERNAL urrcnlly Approved Trips Change in trips -proposed - current ote: Trip generation was falculatd usin aily Traffic Generation Commcrcial Retail Drugstore Quality Restaurant Drive-In Bank offia Apanmcnt Hotel Convenience Store Gas Station Commercial Retail M Peak Hour Trafic Generation Drugstore Quality Restaurant Drive-In Bunk office Apartment Hotel Convenience Store Gas Station Commercial Retail Quality Restaurant Drive-In Bank OffiCC Apattmcnt Hotel Convenience Store Gas Station U Pea); Hour Traffic Generation Drugstore ntensity 88.957 S F 14.873 S F 15.400 S F 4.000 SF 9.000 SF 156 DU 93 RM 3.236 S F 16 VFF IO 00s IO 00% 1000% IO W% IO W% 1000% IO 00% IO 00% 32 00% IO 00% 43 10% 40 00% 1500% 46 00% 5 00% 5 M)% 60 00% 60 00% IC following di [P.B.C.] [P.B.C.] 1P.B C.1 [P.B.C.] [P.B.C.] [P B C.] 1P.B.C I [P.B.C.] [P.B.C.] [ITE 8201 [ITE 88111 (ITE8311 (ITE912) [ITE710] [ITE 2201 [ITE 3101 [ITE851] llTE 8441 [ITE 8201 IITE 88 I11 [ITE8311 [lTE912) [ITE 7101 Im 2201 llTE3101 [ITE 8511 llTE 8441 ~ Daily Tripr - 6.324 1.44 1.385 1,061 209 1.392 830 2.388 2.697 17,432 632 I45 139 106 11 109 83 239 764 220 2,507 2,453 52 I 187 439 9 37 83 I L416 5,933 14.925 8,992 9331 (339) - - - - - - - A - - 149 40 I2 51 27 MI 43 212 176 791 15 4 1 5 3 8 4 21 6s u I47 58 14 2 ?I I 2 74 !z 267 644 377 381 - - - - (4) - - - Peak € la - - - 91 23 6 29 24 13 25 106 'x) 407 9 1 3 I 3 II 34 9 75 7 7 35 8 I 12 I I 37 4p 144 332 188 198 - - - - (10) - - _. lr OUl 58 17 6 22 3 68 I8 106 86 J84 ~ - 6 1 I 0 7 2 II 34 9 72 7 22 6 1 9 0 1 37 44 122 312 190 183 7 - - - - - - - PM Total 58 I 155 11s 219 85, I03 52 174 233 1.721 - - 58 16 I2 22 9 IO 5 17 56 23 228 225 56 16 91 4 2 61 1l6 MI 1.493 912 933 (21) - - - - - - Lnq) = 0.643 Ln(X) + 5.866 T = 97.2 tripdl000 SF T = 89.95 tripdl000 SF T = 265.21 Uip91000 SF h(T) = 0.768 * Ln(X) + 3.654 T = 7 tripslD.U. T = 8.92 bips/room T = 737.99 aip~/I.oOO SF T = 168.56 trips/fucling position Lnc) = 0.596 * Ln(X) + 2.329, (61% in. 39% out) T = 2.66 tripdl000 SF: (57% in, 43% cut) T =0.81 bipsll000 SF. (50% in. 50% out) T = 12.63 tripdl000 S.F.; (56% in, 44% cut) h(T) = 0.797 Ln(X) + 1.558. (88% in. 12% out) T=0497*(X)+3.238;(16%in.84%out) T = 0.782 (X) - 29.797; (58% in. 42% out) T - 65.39 trip91 ,000 SF: (50% in. 50% out) T -9.810() + 18.865; (51% in,49% out) Lnn) = 0.660 h(X) + 3.403; (48% in. 52% out) T = 10.4 aips/lWO SF; (49% in. 51% out) T = 7.49 bips/IoOO SF. (67% in. 33% out) T = 54.77 tripdl000 SF; (50% in. 50% out) T= 1.121 *(X)+79.295;(17%in.83%out) T = 0.541 * (X) + 18.743; (61% in, 39% our) Ln(T)= 1.15O*h(X)- 1.255;(49%in.5I%out) T = 53.73 trip91.000 SF: (50% in, 50% out) T = 14.56 bip91.000 SF; (51% in. 49% out) - In 279 76 77 1 IO 15 63 25 87 I19 851 - - 28 8 8 II 2 6 3 9 18 u 113 108 27 IO 46 I 1 30 64 287 738 451 449 2 - - - - - - - L Out 302 79 38 109 74 40 27 87 114 870 - - 30 8 4 11 7 4 3 9 2s ll 115 117 28 5 45 3 I 30 62 291 755 464 484 (20) - - - - - - TABLE 2 PARCEL 4.02 I4.04 (A.K.A. DONALD ROSS ROAD VILLAGE) TRIP GENERATION - APPROVED ,and Use Commercial Retail Drive-In Bank Medical Office Office Apartment SUBTOTAL - Residential to Other Office to Medical Office Office to Drive-In Bank Office to Commercial Retail Medical Office to Drive-In Bank Medical Office to Comm. Retail Drive-In Bank to Comm. Retail TOTAL INTERNAL CAPTURE - Commercial Retail Drive-In Bank Medical Office Office Apartment TOTAL PASS-BY NET NEW EXTERNAL rote: Trip generation was calculated I Iaily Traffic Generation Commercial Retail Drive-In Bank Medical Office Office Apartment Commercial Retail Drive-In Bank Medical Office Office Apartment Commercial Retail Drive-In Bank Medical Office Office Apartment rM Peak Hour Traffic Generation 'M Peak Hour Traffic Generation Intensity ~ 175,000 S.F. 8,000 S.F. 35.000 S.F. 35,000 S.F. 300 D.U. 15% 10% 10% 10% 10% 10% 10% 41.16% 46.00% 5.00% 5 .OO% 0.00% Daily Trips 9,769 2,122 1,265 593 m IS, 849 630 119 119 119 253 253 424 1,916 3,765 77 1 46 20 Q 4,602 9,331 AM Peak Hour Total 223 101 85 81 L52 642 46 16 16 16 17 17 24 I48 74 33 3 3 Q I12 381 In 136 57 67 71 24 355 = 7 14 14 14 13 13 ll 88 47 17 2 2 Q 69 198 out 87 44 18 10 L28 28 7 38 2 2 2 4 4 e 60 27 16 1 0 Q 44 183 Ph Total 908 438 32 119 181 1,678 - 54 24 24 24 6 6 88 226 342 172 1 4 Q SI9 933 ng the following data: [P.B.C.] = Ln(T) = 0.643 * Ln(X) + 5.866 V.B.C.] = T = 265.21 tripdl000 SF Ip.B.C.1 = T = 36.13 trips/IOOO S.F. [P.B.C.] = Ln(T) = 0.768 * Ln(X) + 3.654 [P.B.C.] = T = 7 trips/D.U. [ITE 8201 [ITE 9121 [ITE 7201 [ITE 7101 [ITE 2201 = = = = = Ln(T) = 0.596 * Ln(X) + 2.329; (61% in, 39% out) T = 12.63 trips/lOOO S.F.; (56% in, 44% out) T = 2.43 tripSllOO0 S.F.; (79% in, 21% out) Ln(T) = 0.797 * Ln(X) + 1.558; (88% in, 12% out) T = 0.497 * (X) + 3.238; (16% in, 84% out) [ITE 8201 [ITE 9121 = 54.77 trips/lOOO S.F.; (50% in, 50% out) [ITE 7201 [ITE 7101 [ITE 2201 = Ln(T) = Oh60 * Ln(X) + 3.403; (48% in, 52% out) Ln(T) = 1.062 * Ln(X) - 0.3 17; (34% in, 66% out) T = 1.121 * (X) + 79.295; (17% in, 83% out) T = 0.541 * (X) + 18.743; (61% in, 39% out) = = = Peak I1 In 436 219 11 20 u4 796 - 33 4 4 4 2 2 44 93 164 88 0 1 Q 253 449 L out 472 219 21 99 LL 882 - 21 20 20 20 4 4 44 133 177 84 0 3 Q 265 484 - p:WO5G6OO~I23102tables.xls~approved 3/1 lR003 8:52 .c DOHND ROSS RD i NOT TO SCALE (32091 90 (219) SITE LEGEND AM PEAK HOUR PROJECT VOLUME PM PEAK HOUR PROJECT VOLUME DAILY PROJECT TRAFFIC VOLUME FIGURE 1 PARCEL 4.02/4.04 (AKA DONALD ROSS VILLAGE) PEAK HOUR SITE ACCESS TRAFFIC ffimley-Horn and Associates, Inc. 040658002 i\ rn Kimley-Horn 5 and Associates, Inc. March 12,2003 Mr. Tom Hamilton CentreCorp Management 1 North Clematis Street Suite 305 West Palm Beach, Florida 33401 4431 Embarcadero Drive West Palm Beach, Florida 33407 Re: Donald Ross Village Reinsertion of Westernmost Driveway on Donald Ross Road Palm Beach Gardens, Florida 040556002 Dear Mr. Hamilton: The site plan for the Donald Ross Village is being revised to include an additional right-in only driveway on Donald Ross Road. This driveway is intended to provide direct ingress to the proposed convenience store/gas-station uses on the west side of the site. This letter assesses the adequacy of the right turn lane length that is being proposed relative to criteria contained in the Florida Department of Transportation (FDOT) Standard Index 301 and the benefits of providing the right-in only access to the convenience stordgas station. The required turn lane lengths at driveways on County roads are based on criteria stipulated in the FDOT Standard Index 301. Unsignalized right-turn lanes should typically not have queues and could therefore consist of taper and deceleration to the stopped condition'. Based on a 45 mile per hour posted speed limit on Donald Ross Road, the required turn lane length would be 185 feet for deceleration with 50 feet of taper. The site plan shows that 118 feet of deceleration is being provided with 50 feet of taper. The deceleration distances required at an unsignalized intersection for right-turn lanes may be shorter than those used for left turn lanes since in most cases right turning vehicles do not need to be stored and can slow down (rather than stop) The efficiency and speed of the right turn maneuver will be significantly enhanced based on the large return radius of 40 feet that is being provided as depicted on the site plan and the fact that this access is restricted to only right-turn entering vehicles2. The only potential conflict for right turn vehicles at the western most driveway is with pedestrians in the cross walk. However, the volume of pedestrians using this cross walk is not expected Therefore the 118 feet of deceleration that is being provided should prove to be - , to be at a level as to significantly conflict with the right turning vehicles. . --qp of adequate length for efficient operations. *:> i. The additional proposed westernmost driveway at Donald Ross Road will allow more efficient operations at the main driveway on Donald Ross Road I$-reducing ,., G, the peak inbound right turn volume at that driveway by just under 50%. This k.'. /' .;;> \,; .. .>e\ . reduction will have the benefit of commensurately reducing the number r of .. .i '- \ TEL 561 845 0665 FAX 561 863 8175 I.€xrlusive Right turn Iones at Unsignalized Intersections. !. ' I' " '' ' When Should You Require Them?-FDOT March 2000 2. Transportation and Land Development - Chaprer 5, Stover and Koepe. I998 m'b n Kimley-Horn and Associates, Inc. MI. Tom Hamilton, March 12.2003. Page 2 conflict possibilities at the main driveway between the right turn ingress and left turn ingress maneuvers, thus resulting in less delay for the vehicles waiting to turn left into the site from Donald Ross Road. The reduced delay will lead to enhanced efficiency in the operation of the westbound turning movement resulting in shorter queues in the westbound left turn lane on Donald Ross Road. Thus any remote potential for queue spill back from the westbound left turn lane from Donald Ross Road is significantly minimized. In addition to the derived benefit on Donald Ross Road, the provision of the right-in only westernmost access eliminates the need for patrons of the gas statiodconvenience store traveling eastbound on Donald Ross Road to enter the main driveway and traverse the parking aisle on the north side of the parking lot to access this western area of the site. Providing direct access to the gas statiodconvenience store will result in reduced conflicts between vehicles backing out of the parking stalls on the northern edge of the site and those traversing the northern parking aisle bound for the gadstation convenience store. This is expected to result in improved safety and better site circulation. This allows the northern parking aisle to be used primarily for the provision of safe and efficient movement of vehicles and pedestrians using the parking stalls located on the northern edge of the site. We trust that the above information adequately addresses the adequacy of the length of the right turn lane provided at the westemmost driveway and the public benefit to be derived from its proposed implementation as shown on the current site plan. If there are any questions, please do not hesitate to call. Sincerely, KI@EY-HORN AND ASSOCIATES, ZNC. JBP/LRCB/grb Pv)4o5\s6002v)3 12031h.doc DONALD ROSS VILLAGE PUD ORDINANCE 53,2002 CONDITION AMENDMENTS ARE AS FOLLOWS: Off-Site Mitigation 37) No land alteratiodclearing shall be allowed for the hotel site and the 43 Darking spaces adiacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances until the City has approved an off-site mitigation plan for the k69 UP to 1.87 acres of upland currently reflected on the approved PUD Master Plan as “Reserve Preserve.” 38) Should the applicant pursue an off-site mitigation for the W UP tol.87 acres of upland preserve, currently reflected as Reserve Preserve on the hotel site and the&parking maces adiacent to the Parkway Preserve between the central and eastern Donald Ross Road entrances, said off-site mitigation shall be approved by a separate instrument. The final approved PUD Master Plan by this Ordinance shall be made consistent and replaced with the Master Plan reflected on Exhibit “F”, attached hereto and incorporated herein, once the off-site mitigation is approved by the City Council. EXHIBIT LIST AMENDMENTS: SECTION 5: The subject Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. 2. March 3 1.2003 my :7,2383 Master Plan by Urban Design Studio, Eleven Sheets March 31,2003 Stnrnmy :7,2883 Landscape Plan by Urban Design Studio, Eleven Sheets 11. March 31.2003 hrnmry :7,2383 Conceptual Engineering Plan by Schaefer Fagan & Cooper, Inc. One Sheet. v1 is; 2 ;$; Q iQ a Donald Ross Village AKA Parcel 4-02/04 Palm Beach Gardens, Florida Master Plan i I 4 3 i I J +++++ h C 5 I++++ , r - - - - - -€- E - + +', I , . I ' ',Il"q&)+ + + + + + +\+' -+ 4.2. A. t .+, ,+.-- + + +I+ li II I ,I1 I I + + + + + + -k + -I t++ ++ t++ ++ t++ ++ +++ ++ +++ ++ +++ ++ + + ++-+ +o ...* <+q ++ + + ++ + + + ++ + + ++ + -I- + ++ + -1 + ++ ++ + 4- + + -- .L + .c + +A + 'tu + .qJ + ++ - .1 i a li a a Donald Ross Village AKA Parcel 4.02/04 Palm Beach Gardens Florida Master Plan Details (lb) 1/ 4 + + 1 + ::I?j +++++++++++++3+++++ +E+ ++-CAAA + + + + -t + + + + + + + + +I+ + + +++++++++e+ + + Donald Ross Village AKA Parcel 4.02104 Palm Beach Gardens Florida Landscape Plan Detail - Site D rl f I +- I I , I P a! F c r Donald Ross Village AKA Parcel 4.02/04 Palm Beach Gardens, Florida Landscape Plan f . . I.' I I I I I I I 1 I'I I I I I I I I . I J I I= I 1 3 i I d P- ..._ _...._. .......... .................... ..._ .. .... .... ..._........._ k b4 c 4 I I n-1 -I-, _-------- 1 I 1 1 u; 5 ... c U I I I f !i t El DIN 111 \ I t .I ., I 1 4 I I I I j I I i i 1 1 I i I I 1 I I I I 6 4 i 7 /' PROJECT NARRATIVE DONALD ROSS VILLAGE MISCELLANEOUS APPLICATION Revised May 3,2004 Request/Location urban Urban Design Urban Planning Land Planning Landscape Architecture The request, on behalf of Donald Ross/Military, L.C., is for a Miscellaneous application request for the approved Donald Ross Village Mixed Use Planned Unit Development, which was approved on April 10,2003 through the adoption of Ordinance 53,2002. With this application, we are requesting City Council approval for an off-site upland preserve mitigation plan for 3.09 acres and a waiver to allow a reduced width for the upland preserve area along Central Boulevard and Military Trail. This site is located on the southeast corner of Donald Ross Road and Central Boulevard. The overall site has a zoning designation of Planned Unit Development (PUD) and a Future Land Use Designation of Commercial and Mixed-Use. To the south is the William T. Dwyer Community High School, to the north is the Abacoa Shopping Center, to the east is the Evergrene PCD, and to the west is Legends at the Gardens PUD. History The Donald Ross Village MXD PUD was approved on April 10, 2003, through the adoption Ordinance 53, 2002, for 156 multifamily residential units, a %-room hotel, 9,000 square feet of professional office, a 3,236 square foot convenience store with gas sales, a 4,000 square foot bank, 14,873 square foot drug store, 13,000 square feet of restaurant space, 2,400 square feet of outdoor restaurant seating and 88,987 square feet of retail use. Compliance/Land Use The subject PUD has a Commercial (1 1.13 acres) and Mixed Use (34.24 acres) land use designation. The approved Mixed Use Planned Unit Development is consistent with theunderlying land use. The proposed amendment is consistent withe the underlying land use and the original Planned Unit Development. Access Donald Ross Village MXD PUD will have six vehicular and six pedestrian access points. There will be a two vehicular and pedestrian access points on Military Trail, three vehicular and pedestrian connections from Donald Ross Road, and one vehicular and pedestrian access from Central Boulevard. The subject site will be accessed from the project’s “Main Street” through three vehicle connections. An 8-foot wide sidewalk runs along the northern and eastern perimeter of the amendment site. Five- G:Uobs\Parcel 4.0204DRVUIISC-Environmental\Application InfoVrojecNa1~REV.OSO304.wpd LCC35 477 s. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1 100 LCC35 561.366.1 11 1 fax foot sidewalks are included throughout the amendment area. EXISTING USE SUBJECT PROPERTY: Proposed Commercial/ MXD (Residential) TO THE NORTH: ABACOA DRI TO THE EAST: Evergrene PCD TO THE SOUTH: Dwyer H.S. TO THE WEST: Legends At The Gardens Existing Zoning and Land Use Designations & Site Analysis ZONING PDA DRI PCD P/I PUD I FUTURE LAND USE C & MXD MXD RM P MXD Upland Preserve With the adoption of Ordinance 53,2002,9.26 acres of required upland preserve was indicated on the adopted master plan. On the adopted master plan, 7.39 acres of upland preserve area was identified and 1.87 acres of “Reserve Preserve.” The “Reserve Preserve” is a holding category until an Off-Site Mitigation plan can be accepted by City Council. With this PUD Amendment request, we are seeking approval of an upland mitigation plan for the preservation of approximately three acres of upland habitat along the Beeline Highway. The applicant has an agreement to purchase the 3.09 acres from Palm Beach Acquisitions, LLC. An environmental assessment for these three acres was attached for your review. This site has a RRlO Future Land Use Plan application and a PDA zoning designation. With this Miscellaneous Application, the applicant is proposing to provide 6.698 acres of required upland preserve on site, with the remaining 3.09 acres of required preserve area to be mitigated off site. With the acceptance of the off-site mitigation plan for three acres, the applicant will have met the upland preserve requirement while providing the City with almost another 0.528 acre of upland preserve for its benefit. In addition, the applicant is seeking a waiver to allow a reduced upland preserve width along Central Boulevard and Military Trail. Since the approval of the Donald Ross Village PUD, the Seacoast Utility Authority has requested a 12-foot wide easement along Central Boulevard. Also, FPL has requested a 10-foot wide easement along Military Trail from the Donald Ross Road intersection to the northern Military Trail entrance to the project. The addition of these easements will result in a reduction in the upland preserve area width. Please note that the sidewalk areas will be located over these easements and will not result in any reduction of native habitat in the preserve. G:UobsVarcel 4.0204DRVUvnSC-Environmental\Application Info\ProjecNarrREV.O50304.wpd LCC35 Waiver The Miscellaneous application is consistent with the waivers granted through Ordinance 53,2002, with the addition of this new waiver request, which is an expansion of an existing approved waiver. Section 78-250(a)(3)(a.) of the City Code - Waiver to allow for reduced width of upland preserve areas along Central Boulevard and Military Trail. Section 78-250 (a)(3)(a.) ofthe City Code requires “The minimum length or width dimension of all required preserve areas shall be at least 100 feet, except for preserve areas for historic or specimen trees when a smaller size may be appropriate.” The applicant is seeking a waiver to a allow reduced upland preserve width along Central Boulevard and Military Trail. The minimum proposed upland preserve width along Central Boulevard is 88 feet but varies to as much as 165.5 feet. The average proposed width is 114 feet, which is in excess of the 1 00-foot upland preserve width requirement. This reduction is caused by the fact that since the approval of the Donald Ross Village PUD, the Seacoast Utility Authority has requested a 12-foot wide easement along Central Boulevard. In addition, the minimum dimension of the Military Trail preserve is reduced from the approved 55 feet to 45 feet. The addition of these easements will result in a reduction in the upland preserve area width but the areas will serve as the pedestrian way. Thus, the sidewalk areas will be located over these easements and will not result in any hrther reduction of native habitat in the preserve. With the requested 3.09 acres of off-site mitigation and the 6.698 acres located on site, the applicant is proposing 9.788 acres of preserve, which is 0.528 acres in excess of code requirement. G:UobsWarcel 4.0204DRV\MISC-Environmental\Application InfoVrojecNanREV.050304.wpd LCC35 + +at + + 4+<+ $I%+: a+ +++ e+++++ P+++++ 4++ %+++++ ++ 5++ + a+ + + +++ ++++ +++ J +++++++i+++ 'I I I II 5 -r /1 I+++++-, , , + a++++++, '0'. + + .................... + +++++++++++++++++~ + + i + i + + + + + + + + + + + + +++u+ + + + + + + + + + + + + + -t + + +,+ + <+;++ + + + + + + + + + + + + + + + ++++++@+ '*+cn+ ,- + + + + +++ ++- + + a+++d +ti++++++++++++ ++++++++++++++ +++++++++++++++ + + t + + + + + + + + + + + + +++++I++++& a, + + +- + + ++I+ + + +L+ + + -'h - \\ - + +a.l -t + +++- - + K+a++,~ + t 'Q +e + ++ :p;: t ++ + t+*+ + + +K++ + ++4 t- + ++%++ + + ++ t5,+ + + ++++++ ++++++ +++++++++++ ++++++ +++++ +++ +++++ ++++i ++++++ ++++ +++++ ++++ +++++ ++++++ $ ++++ \4 t t + + + + + + i- i- + + + + ++++ t++++ ++++ t+++S ++++ +++++ ++++ t++++ ++++ t++++ +t+i t++t+ t+ti++++ + t++-w++ + + +>+ + ,~ + a+ + + + +w+ + + + +l+I++w+ + ++ tl+i++% + -t C w I C ...................... + t + +i ........................ 1 + ; +I + 11 :: + + + + + I .................... .................... +++ -----U--L--p-CC_i-tj ______ I : j + 1 + + ; + +I ...................... w+++++++++++++++++++++++ I b ! x in r-, N [ 1 .- I in I I ." I I lw If 1," I I I I I I I I I I c .SP I I I I I I I I I I I 1 I I I I L c 0 C C Q \Vi ill Vegetation and Wildlife Assessment Proposed Beeline Mitigation Property For Donald Ross Village Section 2, Township 41, Range 42 City of Palm Beach Gardens, Florida CH Project # 03-0719 November 5,2003 Prepared by Cotleur 4% Hearing Inc. 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 Cotleur & Hearing , Vegetation and Wildlife Assessment Donald Ross Village Proposed Beeline Mitigation Property Section 2 Range 41 Township 42 Palm Beach Gardens, Florida 1. Introduction The firm of Cotleur & Hearing Inc. was retained by Donald Ross Village to perform an environmental assessment of a 3.09 acre site located on the Beeline Highway, approximately 1.25 miles north of PGA Boulevard. Access to the site is available from the Beeline Highway, which is 400 feet south of and parallel to the site. A canal embankment, which is continuous to the south boundary of the site (running parallel to the Bee Line Highway) provides the most convenient means of ingress and egress to the site. II. Purpose The objectives of this assessment are to determine the existing vegetative communities, the presence of state and/or federally listed protected species and the suitability of the habitat to be used as compensatory mitigation for upland mitigation. A specific objective was to determine the extent to which upland habitat, as defined by the Town of Palm Beach Gardens comprehensive plan exists on site. The Donald Ross Village (DRV) project is proposing to utilize the subject property to compensate for impacts to pine flatwood habitat on DRV site. The City of Palm Beach Gardens comprehensive plan and land development regulations provide for off site compensatory mitigation in accordance with specific criteria that has been justified by the applicant. 111. Existing Conditions Access was available from the southwest side of the property. Random transects were conducted to assess the existing conditions and quality of the habitat. The upland area being proposed as off site compensatory mitigation is irregular but generally rectangular in shape. A ditch and associate embankment parallels the Beeline Highway and forms the south boundary of the site. The property owner has been requested to provide off site mitigation on adjacent areas for other applicants needing to satisfy the requirements of the City of Palm Beach Gardens for upland habitat set aside. It is the property owner’s object to group all such mitigation areas together to form a larger more cohesive and ecologically viable system. The lands lying north and east of the canal have been targeted as most suitable for such purposes. The canal and its related embankment serves as a physical barrier separating these lands from the developable lands adjacent to the Bee Line Highway. The proposed 3-acre upland mitigation area consists predominantly of native pine flatwood habitat. The canopy vegetation contains slash pine with few scattered Dahoon Holly and bald cypress. Isolated Melaleuca and Brazilian Pepper were observed in disturbed areas and around the fringes of upland polygons. The ground cover consist mainly of Saw Palmetto, Galberry and Wire Grass. The surrounding land uses are undeveloped Pine Flatwoods and wetland areas. To the north and east of the site exist publicly owned natural areas that are a part of the Loxahatchee Sough and an integral component of the Comprehensive Everglades Restoration Program (CERP). To the southwest of the site lies the North Palm Beach County General Aviation facility. IV. Soils The on-site soils are identified by the Soil Survey of Palm Beach County as: 1. Riviera fine sand 2. Riviera fine sand, depressional Each soil is described as follows by the Palm Beach County Soil Survey: Ra-Riviera fine sand. This is a nearly level, poorly drained soil that has a thick sandy subsurface layer that tongues into a loamy subsoil at a depth of 20 to 40 inches. The soil is in broad, natural conditions. 3 1 Included with this soil in mapping are small areas of Boca, Pineda, Pinellas, Oldsmar, Wabasso, Holopaw, and Hallandale soils. The natural vegetation is saw palmetto, slash pine, pineland three- awn, inkberry, blue maidencane, toothache grass, chalky bluestem, scattered cabbage palm, and cypress trees. Rd-Riviera fine sand, depressional. This is a nearly level, poorly drained soil that has a loamy subsoil. This soil is in shallow, well- defined depressions. Included with this soil in mapping are areas of Holopaw soils, which make up about 30 percent of some areas. Also included are small areas of Floridana, Tequesta, and Chobee soils. The natural vegetation is cypress, needlegrass, St. John’s wort, corkweed, Melaleuca, pickeralweed, sand cordgrass, maidencane, and water tolerant plants. Also attached is a copy of the Soil Survey map with the site highlighted. V. FLUCCS Codes The site can be divided into categories under the Florida Land Use, Cover and Forms Classification System (FLUCCS). [See Exhibit] FLUCCS Code Description 41 1- 3.01 ac Pine flatwoods 513- 0.08 ac Canal-Ditches VI. Endangerednhreatened Species Prior to conducting field surveys, a search of the literature was undertaken to ascertain which state and/or federal endangered, threatened or species of special concern potentially exist on site. The literature which was surveyed included, “Florida’s 4 i Endangered Species, Threatened Species and Species of Special Concern”, August 1997, the “Rare and Endangered Biota of Florida”, Volumes 1-5 and “Florida’s Endangered and Threatened Plants”. The following species were found to potentially exist on this site and during the site assessment surveys special emphasis was placed upon the search for these species or evidence of their presence. Common Name FISH (None) AMPHIBIANS REPTILES BIRDS (E) MAMMALS PLANTS Gopher frog American alligator Eastern indigo snake Gopher tortoise Wood Stork White Ibis Great egret Little blue heron Snowy egret Tricolored heron (None) Curtis’s m iI kweed Spreading pinweed Scientific Name Listed Status Rana capito (T) Alligator mississippien sis (SSC) Gopherus polyphemus (TI Drymarchon corais couperi (SSC) Myceteria americana Eudocimus albus (SSC) Casmerodius albus (SSC) Egretta caerulea (SSC) Egretta thula (SSC) Egretta tricolor (SSC) Asclepias curtissii Lechea divaricata Key to Status 5 E = Endangered T = Threatened SSC = Species of Special Concern No evidence of state or federal listed species was found during this survey. No colonial bird nesting or roosting occurs on the subject property. VII. Upland Habitat Analysis Pursuant to the Conservation Element Policy 6.1 5.6 of the City of Palm Beach Gardens Comprehensive Plan, Cotleur & Hearing Inc. has conducted preliminary field recognizance and review of aerial photographs for the 3.0 acre upland mitigation area proposed for the Donald Ross Village project. The objective of this review was to ascertain the quality upland habitat areas on site. The upland habitat comprises approximately 90 percent of the site and consists of a mature slash pine and saw palmetto community. The uplands contain some exotic vegetation. The on-site uplands represent good quality habitat available for use as a mitigation site. The disturbed areas created by the ditches and the off-road vehicles can be readily rehabilitated in conjunction with the removal of exotic vegetation from the site. 6 VIII. VEGETATION LIST Common Name Crab’s eye* Earleaf acacia* False nettle Spanish needle Beautyberry Australian pine* Madagascar periwinkle Sandspur Rattlebox Sedge Globe sedge Beggars lice Dog fennel Spider orchid Pineweed Cogon grass* Red root Lantana* Sweet peppergrass Primrose willow Japanese climbing fern* Punk tree* Wax myrtle Myrsine Boston fern* Sword fern Torpedo grass* Virginia creeper Napier grass* Botanical Name Abrus precatorius Acacia auriculiformus Boehmeria cyclindrica Bidens pilosa Callicarpa americana Casuarina equisetifolia Catharanthus roseus Cenchrus incertus Crotalaria pallida Cyperus spp Cyperus spp Desmodium lineatum Eupatorium capilli folium Haberaria odontopetala Hypericum gentianoides lmperata cylindrica Lachnanthes carolinana Lantana camara Lepidium virginicum Ludwigia peruviana Lygodium japonicum Melaleuca quinquenervia Myrica cerifera Myrsine floridana Nephrolepis cordifolia Nephrolepis spp Panicum repens Parthenocissus quinque folia Pennisetum purpureum Slash pine Painted leaf Brackenfern Cabbage palm Pond willow Elderberry Brazilian pepper* Saw palmetto Catbrier Cattail Caesarweed Para grass* Wild grape Chalky bluestem *indicates an exotic species IX. Wildlife Observation Common Name Brown anole Card in a I Yellow-shafted flicker Black racer Bluejay Palm warbler Common yellowthroat Red-bellied woodpecker Mockingbird Bluegray gnatcatcher Carolina wren Brown thrasher White-eyed vireo Mourning dove Pinus ellioftii Poinsettia he terop hylla Pteridium aquilinum Sabal palmetto Salix caroliniana Sambucus canadensis Schinus terebenthifolius Serenoa repens Smilax spp TYPha SPP Urena lobata Urochloa matica vitis spp Scientific Name Anolis sagrei Cardinalis cardinalis Colaptes auratus Coluber constrictor Cyanocita cristata Dendroica palmata Geothlypis tuchis Melanerpes carolinus Mimus polyglottos Polioptila caerula Thryo thorus ludovicianu s Toxostoma rufum Vireo griseus Zen aida macro ura 8 X. Conclusion The site contains a Pine Flatwoods community and Herbaceous marsh complex. The pineland community on this site increases in value when kept intact with the surrounding wetland and upland areas. The surrounding lands to the north and east are publicly owned preserved lands that will not be built upon in the future. The lands are a part of the Loxahatchee River Watershed, south Florida’s only wild and scenic river. The subject mitigation lands will be joined with thousands of acres of other public lands forming a continuous greenway corridor from the Bee Line Highway to the Loxahatchee River. The placement of the subject lands into the public realm furthers the Goals and objectives of Palm Beach County, SFWMD, the Sate of Florida and the Federal CERP project. This is a clear case where ecological is greater as a part of the whole as opposed to the sum of the parts. The use of the site as an environmental set aside is consistent with the requirements of the City of Palm Beach Gardens Comprehensive Plan and furthers regional and national ecological objectives. It is our opinion that the site is appropriate for preservation and the use as upland mitigation. The presewation of the subject lands is in the best interest of the citizens of Palm Beach Gardens. The central wetland and the connected drainage ditch are jurisdictional waterbodies, regulated by the South Florida Water Management District and the U.S. Army Corps of Engineers. Any mitigation activities that impact these wetlands will require permits from both agencies due to the potential impacts to adjacent property owners and the connection to other water bodies. XI. Pictures Attached XII. List of Figures Location Map USGS Quadrangle Map Soil Map FLUCCS Map 9 I . II . Ill . IV . V . VI . VI1 . Table of Contents Introduction ............................................................................................................ 2 Purpose .................................................................................................................. 2 Existing Conditions ............ .................................................................................... 2 Endangerednhreatened Species ........................................................................... 4 Soils ....................................................................................................................... 3 FLUCCS Codes ..................................................................................................... 4 Upland Habitat Analysis ......................................................................................... 6 VIII.Vegetation List .......................................................................................................... 7 IX . Wildlife Observation ............................................................................................... 8 X . Conclusion ............................................................................................................. 9 XI . Pictures .................................................................................................................. 9 XI1 . List of Figures ......................................................................................................... 9 10 A ~--- J Photo 1: Upland photo from site interior. I I Photo 2: Look6 into site from the middle of the north!! ,rope: line. 13 Donald Ross W/age Beehe Highway Location Map Corleur & Hearing 1934 Commerce Lane Suite I Jupiter. FL 33458 Phone: 56 I -747-6336 NOTE All coordinates are YI NMM3 StatePIane Flondr Earl FIP8 OWt Traa hne repwad by CoUeur and Heamg lm and !d not .uud to be entidy amrate as to Nwthina and Easlnp ArcMap-PmJeaN3-07t9-Don-RouVocMap Mod LastReW OC1>03 By KAE Legend - Palm Beach County Roads Project Site FaX: 56 1-747- 1377 Donald Ross Wllage Beefine Highway USGS Quadrangle Map NOTE All coordinates are in NAD83 Slateplane Flonda East FlPS 0901 Tract line reprqected by Cotleur and Hearing. 1% and is not assumed to be entirely accurate as lo Nocthing and Easting Orthophotography IS fmm Palm Beach County GIS Department and was flown on 02/25/98 map Projecls\03-0719 Don Ross\Ouad mxd Last Rehed 11-10-03 6 i& Cotleur & Hearing I934 Commerce Lane suite I WMd Jupirer, FL 33458 - Project Location 1,000 2,000 91 1356 fr ! 915356 91 7356 1 Donald Ross W7hge Proposed Upland Presewe Beehe Hghway Vm/d Ross Vi/'@ FLUCCS C::l Proposed Tract Line - Donald Ross Village - 3 09 Acres - 41 1 - Pine Flatwoods - 3.01 Acres - 513 -Ditch- - 0 08Am~ Proposed Adjacent Preserve Area - 12.11 Acres Proposed Adjacent Preserve Area - 3.64 Acres Co tleur & Hearing NOTE All CwldlMkS am in NAD83 SldePlane Florid. Esfl FlPS 0901 Tnd Yne reprojaded by Cotkw and He.mg. Im ad D not asrumad 10 b. entlmty aCCUR(. a to Mhlng and EuIhg OrVlopholopaphy b han Palm Wh Counly GIs DaP.Rm and was fmwn In 2002 1934 Commerce Lane Suite I Jupiter, FL 33458 150 300 I I Donald Ross W//age Beehe Ughway Soik Map Cotleur & Hearing 1934 Commerce Lane Suite 1 Jupiter, FL 33458 Phone: 56 1 -747-6336 hgmd Palm Beach County Soils ( 1: Donald-Ross-Village - RlVlERA FINE SAND RlVlERA FINE SAND, DEPRESSIONAL Date Prepared: May 11,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 23,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE 53, 2002 RELATING TO THE ZONING FOR THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (PUD) TO TRANSFER AND AMEND THE CONDITIONAL USE APPROVAL, SITE PLAN APPROVAL, AND RELATED CONDITIONS THROUGH A SEPARATE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 10, 2003, the City Council adopted Ordinance 53, 2002, thereby approving the master site plan for a planned unit development (PUD), including 256 multi-family residential units, a 93-room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gaskonvenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east; and WHEREAS, the City Council approved an area of Reserve Preserve on the master site plan that the applicant was permitted to develop contingent upon off-site mitigation being provided for within the City limits; and WHEREAS, the City has received a request (PUD-04-12) from Dodi Glas of Urban design Studio, on behalf of Donald Ross / Military, L.C. for approval from the City of Palm Beach Gardens for an alternative form of mitigation in lieu of on-site preservation for the Donald Ross Planned Unit Development, as permitted by Section 118 (b)(l) and (3) of the City's Development Regulations, entitled "Alternative forms of mitigation; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is more appropriate that the site plan approval and the conditions related thereto be transferred to a separate Resolution of the City Council; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 11,2004 Ordinance 23, 2004 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Section 2 of Ordinance 53, 2002 is amended to read: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a rezoning from Planned Development Area /PDA) to Mixed Use Planned Unit Development /MXD PUD) -&-c P1-s lw .. l3hbGM' as follows: LEGAL DESCRIPTION: PARCEL 4.02 A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT OF CENTRAL BOULEVARD IS ASSUMED TO BEAR SOUTH 00°48'04" WEST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A BEARING OF NORTH 03°30'17" WEST, A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 86O25'48". THENCE PROCEED EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END WAY LINE OF CENTRAL BOULEVARD (THE EAST RIGHT-OF-WAY LINE OF DISTANCE OF 839.86 FEET TO A NON-TANGENT CURVE HAVING A RADIAL OF SAID CURVE TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH 89°50'03" WEST, ALONG SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THEREFROM THAT 761 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTAIN RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE 2 Date Prepared: May 11,2004 Ordinance 23, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PARCEL 4.04 A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 89O50'03" EAST, ALONG SAID SOUTH RIGHT-OF- WAY LINE (THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD IS ASSUMED TO BEAR SOUTH 89O50'03" EAST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID RADIAL BEARING OF NORTH 89O56'04" WEST, A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 86O25'48"; THENCE PROCEED SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END POINT OF BEGINNING ALSO BEING ON A NON-TANGENT CURVE HAVING A OF SAID CURVE AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT-OF- WAY LINE, A DISTANCE OF 429.42 FEET TO A POINT ON THE NORTH LINE OF THE WILLIAM DWYER HIGH SCHOOL SITE AS DESCRIBED IN OFFICIAL RECORDS BOOK 5889, PAGE 534; THENCE SOUTH 89°51'04'' EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1,570.56 FEET TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF MILITARY TRAIL; THENCE NORTH 01O22'09" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,269.01 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH 89O50'03" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF PARCEL. LESS AND EXCEPTING THEREFROM THE RIGHT-OF-WAY DESCRIBED 806.17 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED IN OFFICIAL RECORDS BOOK 7483, PAGE 1746, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. Sections 3 through 5 inclusive of Ordinance 53, 2002 are hereby transferred to Resolution 115, 2004. The remaining sections of Ordinance 53, 2002 shall be renumbered accordingly. Any future amendments to the development plans and/or conditions of approval shall be accomplished by Resolution of the City Council. SECTION 4. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Date Prepared: May 11,2004 Ordinance 23,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED this day of , 2004, upon first reading. PASSED AND ADOPTED this day of ,2004, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor David Clark, Councilmember Annie Marie Delgado, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney AGAIN ST ABSENT G:\attorney-share\ORDINANCES\zoning amendment to donald ross vlg - ord 23 2004.doc 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 125,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE DEVELOPMENT PLANS FOR THE DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (PUD), GENERALLY BOUNDED BY DONALD ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR ADDITIONAL WAIVERS; PROVIDING FOR AMENDED CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002, thereby approving the master site plan for a planned unit development (PUD), including 256 multi-family residential units, a 93-rOOm hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas/convenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45-acre site, generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east; and WHEREAS, the City Council approved an area of Reserve Preserve on the master site plan that the applicant was permitted to develop contingent upon off-site mitigation being provided for within the City limits; and WHEREAS, the City has received a request (PUD-04-12) from Dodi Glas of Urban Design Studio, on behalf of Donald Ross / Military, L.C. for approval from the City of Palm Beach Gardens for an alternative form of mitigation in lieu of on-site preservation for the Donald Ross Planned Unit Development, as permitted by Section 118 (b)(l) and (3) of the City's Development Regulations, entitled "Alternative Forms of Mitigation; and WHEREAS, the applicant has proposed to mitigate up to 29% of the upland preserve requirement off site, thereby requiring an amendment to conditions 37 and 38 of Ordinance 53,2002, as amended by Ordinance 23,2004, and WHEREAS, the applicant has met public policy to preserve up to 50% of the upland preserve set aside on site, which requires an additional waiver to preserve area width; and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient and is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval; and Date Prepared: March 11,2004 Date Prepared: May 11,2004 Resolution 125, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTlON2. The amended development plans for the Donald Ross Village Planned Unit Development are hereby APPROVED on the following described real property, subject to the conditions of approval contained herein, which are in addition to the general requirements otherwise provided by ordinance: LEGAL DES C RI PT IO N : PARCEL 4.02 A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT OF CENTRAL BOULEVARD IS ASSUMED TO BEAR SOUTH 00°48'04" WEST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A BEARING OF NORTH 03°30'17" WEST, A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 86O25'48". THENCE PROCEED EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END WAY LINE OF CENTRAL BOULEVARD (THE EAST RIGHT-OF-WAY LINE OF DISTANCE OF 839.86 FEET TO A NON-TANGENT CURVE HAVING A RADIAL OF SAID CURVE TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH 89°50'03" WEST, ALONG SAID SOUTH RIGHT-OF- WAY LINE, A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THERE FROM THAT 761 , PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTAIN RIGHT-OF-WAY DESCRIBED IN OFFICIAL RECORDS BOOK 9567, PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 11,2004 Resolution 125,2004 PARCEL 4.04 A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 89O50'03" EAST, ALONG SAID SOUTH RIGHT-OF- WAY LINE (THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD IS ASSUMED TO BEAR SOUTH 89°50'03" EAST AND ALL OTHER BEARINGS REFERENCED HEREIN ARE RELATIVE THERETO), A DISTANCE OF 776.97 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID RADIAL BEARING OF NORTH 89O56'04" WEST, A RADIUS OF 840.06 FEET, AND A CENTRAL ANGLE OF 86O25'48"; THENCE PROCEED SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1,267.22 FEET TO THE END POINT OF BEGINNING ALSO BEING ON A NON-TANGENT CURVE HAVING A OF SAID CURVE AND A POINT ON THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 00°48'04" WEST, ALONG SAID EAST RIGHT-OF- WAY LINE, A DISTANCE OF 429.42 FEET TO A POINT ON THE NORTH LINE OF THE WILLIAM DWYER HIGH SCHOOL SITE AS DESCRIBED IN OFFICIAL RECORDS BOOK 5889, PAGE 534; THENCE SOUTH 89O51'04" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1,570.56 FEET TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF MILITARY TRAIL; THENCE NORTH 01°22'09" EAST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,269.01 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF DONALD ROSS ROAD; THENCE NORTH 89O50'03" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF PARCEL. LESS AND EXCEPTING THERE FROM THE RIGHT-OF-WAY DESCRIBED 806.17 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED IN OFFICIAL RECORDS BOOK 7483, PAGE 1746, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby approves the following waivers: 1. A waiver from Section 78-285 of the City Code to allow for one (1) additional principal tenant sign for Building A, one (1) wall sign on the east elevation of Building F, one (1) wall sign on the south elevation of Building C, one (1) wall sign on the south elevation of Building D, one (1) wall sign on the west elevation of Building GI and one (1) wall sign on the east elevation of the gas stationkonvenience store. Section 78-285 allows only one (1) wallhenant sign per tenant or per bay and must face right-of-way or primary entrance. 3 Date Prepared: May 11,2004 Resolution 125,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. A waiver from Section 78-157 of the City Code to allow for non-vertical integration of housing units with non-residential structures. Section 78-1 57 requires a minimum of 25% of net building area of structures allocated for neighborhood commercial uses to be designated for residential use. A waiver from Section 78-182 of the City Code to allow for an average of 55 foot-candles underneath the convenience storelgas service canopy. Section 78-1 82 allows only a maximum of 10 foot-candles. A waiver from Section 78-563 of the City Code to allow for a removable fence within the Lake Maintenance Easement. Section 78-563 prohibits the placement of any kind of improvement within the easement. A wavier from Section 78-341 of the City Code to allow for on-street parking within the residential portion of the PUD. Section 78-341 does not provide for on-street parking. A waiver from Section 78-344 of the City Code to allow for nine (9) foot wide parking spaces for ninety-five (95) spaces within the residential portion of the PUD. Section 78-344 requires a width of ten (IO) feet. A waiver from Section 78-345 of the City Code to allow for an additional 14.4% of parking over and beyond the minimum required by Code for the residential portion of the PUD. Section 78-345 requires a waiver for the number of parking spaces equal to or exceeding 10% of the minimum required number of parking spaces. A waiver from Section 78-441 of the City Code to allow for the granting of building permits for dry models prior to plat approval. Section 78-441 requires plat approval prior to issuance of building permits. A waiver from Section 78-364 of the City Code to allow for eleven (1 1) loading spaces. Section 78-364 requires a total of seventeen (17) loading spaces on site based on the square footage of each individual non- residential building. A waiver from Section 78-250(a)(3) of the City Code to allow for a width of fifty-five (55) feet for upland preserves. Section 78-250(a)(3) requires a minimum of one hundred (100) feet. A waiver from Section 78-250(a)(2)(b) of the City Code to allow for a utility easement within upland preserves along Donald Ross Road. Section 78- 250(a)(2)(b) does not allow for the placement of easements within upland preserves. 4 Date Prepared: May 11,2004 Resolution 125, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 12. A waiver from Section 78-250(a)(3)(a) of the City Code to allow for a minimum forty-five (45) foot wide upland preservation area. Section 78-250 fa)(3)(a) requires a minimum one hundred (100) foot preserve area width. SECTION 4. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: Build-Out Date 1. Pursuant to the terms of Ordinance 10, 2003, Tihe build-out date for this development is December 31 , 20033. All infrastructure and common-area landscaping shall be completed for the commercial and residential uses prior to this date. (Planning & Zoning) Temporary Trailers 2. Any trailers used on site for construction, security, or marketingkales purposes shall meet the requirements set forth in Section 78-159 of the Land Development Regulations. (Planning & Zoning) Temporary Siqns 3. The applicant shall be permitted one thirty-six (36) square-foot temporary development sign per right-of-way frontage (for a maximum total of three (3)). Any additional temporary development signs shall require separate approval by the City Council. (Planning & Zoning) Master Sign Plan 4. Prior to the issuance of the first Certificate of Occupancy for any structure on site, the applicant shall submit an application for and receive approval from the City Council for a detailed master sign package for both the residential and non-residential portions of the site. The master sign plan shall include wall signs and monument signs proposed for the commercial uses on site, as well as entry features, address numbers, and building numbers for the residential uses on site. The master sign plan shall also include directional signs, traffic regulatory signs, and building directory signs. Neon signs and internally illuminated aluminum channel wall signs shall not be permitted. Backlit reverse channel wall signs and soffit signs may be permitted. (Planning & Zoning) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 11,2004 Resolution 125,2004 Gateway Siqn 5. If the City Council makes a decision on the specific location(s) and design of the City entryway signs, applicable to the Donald Ross Village PUD, the applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed monument signs at the Donald Ross Village PUD in accordance with the City Council decision. The specific locations may include the southwest corner of Donald Ross Road and Military Trail and the southeast corner of Central Boulevard and Donald Ross Road within the Donald Ross Village PUD property. The applicant shall construct and maintain said entryway sign(s) within twelve (12) months of the City Council’s approval of the entryway sign plan. (Planning & Zoning) Future Site Plans for Phase II 6. 7. 8. Future site plans for the Hotel and Future Retail Development Area shall be reviewed as major amendments to the Planned Unit Development, in accordance with Section 78-49(b)(7) of the Land Development Regulations. A minor change of up to 5% to the approved allocation of uses for the commercial and office buildings shall require administrative review and approval of a parking and traffic equivalency analysis by the Planning and Zoning Division. Any major modifications (greater than 5%) to the allocated uses shall require review and approval by City Council. (Planning & Zoning) Future site and architecture plans for parcels within Phase II shall comply with the architectural guidelines set forth by this Ordinance, attached hereto and incorporated herein as Exhibit “B.” (Planning & Zoning) Future site plans for parcels within Phase II shall substantially comply with “build-to streetline” standards (building footprint having a zero-foot setback to spine road sidewalk), attached hereto and incorporated herein as Exhibit “C”, to enhance “main street’’ environment in this location. (Planning & Zoning) Art in Public Places 9. The applicant shall be required to provide Art in Public Places should construction costs exceed $1 million, pursuant to the Land Development Regulations. All public art shall be reviewed and approved by the Art Advisory Board. If the applicant is proposing to provide art on site to meet the Art in Public Places requirement, then the art shall be approved and installed prior to issuance of the final commercial Certificate of Occupancy for Phase I. (Planning & Zoning) 6 Date Prepared: May 11,2004 Resolution 125, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Right-of-Wav Landscapinq IO. 11. 12. 13. The median and adjacent shoulder landscaping and irrigation for Donald Ross Road, Military Trail, and Central Boulevard shall be installed and completed within six (6) months from the issuance of the first clearing permit. (City Forester) The petitioner, successors, and assigns shall be responsible for their fair share for the landscape, irrigation, and maintenance of the median and adjacent roadway shoulder landscaping for Donald Ross Road, Military Trail, and Central Boulevard per Ordinance 36, 2002 (a/k/a Roadway Beautification Plan). (City Forester) Detailed Landscape Plans referenced in Condition #lo shall be prepared by the applicant based on the City Roadway Beautification Plan, and shall be submitted to the City for staff review no later than ninety (90) days after the effective date of this development order. (Planning & Zoning) Prior to the issuance of the first building permit, the applicant shall place monies, in an amount equal to 110% of the cost of the landscape improvements referenced in Condition # IO, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights-of-way, then the Donald Ross Village property owners association, successors, or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens. (Planning & Zoning) E nvi ro n menta I 14. cf , By May 12L 2003, the applicant shall submit a restoration plan for the two (2) disturbed wetlands located at the northwest corner and southeast corner of the subject site. (Planning & Zoning) 15. No land alteration/clearing shall be allowed until all issues have been satisfied with the Florida Fish and Game Commission regarding the relocation of Gopher Tortoises on or off site. (Planning & Zoning) 16. All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that such areas are identified and protected pursuant to City Code. (Planning & Zoning) 7 Date Prepared: May 11,2004 Resolution 125,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 17. Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer, City Attorney, and the City Forester. (Planning & Zoning) Dedications and I m provements 18. All sidewalks within the parkway easements not located within the road rights-of-way shall be dedicated as public access easements and shall be maintained by the master property owners association prior to issuance of the first commercial Certificate of Occupancy. (Planning & Zoning) Police DepattmenCPTED Design 19. Numerical addresses shall be located on all buildings and illuminated for nighttime visibility. (Planning & Zoning and Police) 20. Parkway and preserve paths shall maximize natural surveillance of the pedestrian users through the selective vegetative management practices. Adjacent to parkway and preserve multi-use pathways, ground cover shall be no higher than twenty-four (24) inches, and trees having a minimum of seven (7) foot clear trunk space shall create a natural surveillance. Additional measures may be required by the Police Department per CPTED. (Planning & Zoning and Police) 21. Prior to issuance of the first non-residential Certificate of Occupancy, all multi-use pathways and/or sidewalks adjacent to preserves shall be reviewed and approved by a CPTED certified police officer with the City. (Planning & Zoning and Police) 22. All pedestrian walkways on site, including parkway multi-use pathways and sidewalks within rights-of-way, shall be lit, at a minimum, no less than six- tenths (.6) foot-candles with fourteen (14) foot high pedestrian scale lighting, to be of similar design to the parkway lighting used within the MirasoVJog Road parkway corridor. (Planning and Zoning, Police) 23. Prior to issuance of the Certificate of Occupancy for the financial institution, a CPTED certified police officer shall inspect the structure for compliance with CPTED principles, as outlined in the Police Department memorandum dated February 1 , 2002, attached hereto and incorporated herein as “Exhibit D.” (Planning and Zoning, Police) 24. Prior to the issuance of the first residential building permit, a CPTED certified officer shall review construction plans for compliance with CPTED principles, including, but not limited to, strike hardened doors, peep-holes, telephone line connection box within the garage, building lighting, and lighted address and building numbers. (Planning and Zoning, Police) 8 Date Prepared: May 11,2004 Resolution 125, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 25. The height of all light poles along the parkway buffer shall not exceed fourteen (14) feet in height and shall be metal halide. All lighting shall not conflict with landscaping. (Planning and Zoning, Police) Fire Department 26. Prior to the issuance of the first Certificate of Occupancy for three-story residential buildings, the Fire Marshall shall inspect the units for fire sprinkler installation as required by City Ordinance. (Fire Department) Service Station Linhtinq 27. Lighting for the service station canopy shall be recessed and shielded or shall contain a cutoff luminaire within the structure or fixture in which it is located. The lighting source shall not be visible from adjacent properties or rights-of-way. The maximum average foot-candle for the service station shall be fifty-five (55). (Planning & Zoning) Uses Permitted 28. 29. 30. Uses permitted within the non-residential buildings on site shall be consistent with the permitted use table attached hereto and incorporated herein as “Exhibit E.” Any use hereby not approved which is identified as a conditional use by the City’s LDRs must undergo conditional use analysis and review and be approved by the City Council. Any medical office use on site shall be required to undergo an administrative review, including a parking analysis and a traffic equivalency statement consistent with the approved traffic concurrency, to be approved by the Growth Management Director. (Planning & Zoning) Prior to the issuance of each building permit for interior renovations of any non-residential use approved on site, the applicant or its agent shall submit a breakdown by use of the gross square footage for lease of all buildings containing non-residential uses for approval by the Planning and Zoning Division. The petitioner shall conform to the approved non-residential uses, the percentages thereof, and the total square footage of each approved use for Parcel 4.04 of the PUD as reflected in Exhibit “G,” attached hereto and incorporated herein. (Planning & Zoning). The total square footage allocated for restaurant use shall not exceed 25% of the total approved square footage for the entire PUD, excluding the square footage approved for the two restaurants located at Buildings C and D. (Planning & Zoning) 9 Date Prepared: May 11,2004 Resolution 125,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Disclosure 31. Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) 32. Prior to issuance of the first building permit, the petitioner shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the petitioner or the property owners association over the entire PUD. (City Attorney and Planning & Zoning) 33. Prior to issuance of the first residential Certificate of Occupancy, the petitioner shall provide to the City Attorney the master property owners association documents containing language disclosing the proximity of the residential area to the commercial buildings, including buildings H and J. (City Attorney) Residential Signaqe, Liqhtinq, and Accessory Buildings , Bv Julv 9, 2003, the applicant shall submit for City Council review and approval an application including details and site plans of the residential sign program, entry features, and all accessory buildings, including gazebos, and lighting for the residential portion of the PUD. (Planning & Zoning) .. . 34. 2 Temporary Dumpsters 35. The applicant shall be permitted two (2) temporary dumpster locations on Parcel H to allow for refuse collection for Buildings A and B. The temporary dumpster locations shall be removed upon construction of the access roads on this parcel or no later than twelve (12) months after the issuance of the final certificate of occupancy for the non-residential portion of Phase I, whichever comes first, at which time the dumpsters shall be re-located to the permanent location indicated on the master site plan or as amended with the Phase II site plans for Buildings H and J. The dumpsters shall be screened with a material consistent with the architecture of Buildings A and B and shall be located in a landscaped area. (Planning & Zoning) 10 Date Prepared: May 11,2004 Resolution 125, 2004 1 2 3 4 5 6 7 8 9 10 11 Off-Site M it inat ion 12 13 37. No land alterationklearing shall be allowed for the hotel site and 43 parking 14 spaces adjacent to the Parkway Preserve between the central and eastern 15 Donald Ross Road entrances until the City has approved an off-site mitigation plan, W-t+p-k 1.87 16 17 18 19 20 upland preserve^ 22 , said off-site mitigation 23 shall be approved by a separate instrument. Thc DN 24 25 26 27 (Planning & Zoning) 28 29 30 Drv-Model Permits Prior to Plattinq 36. The applicant shall post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 113 of the hard costs of construction of all of the proposed models, as depicted on the master plan, attached hereto and incorporated herein as Exhibit “C.” No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineering) r PI ,I (Planning & Zoning) 38. Should the applicant pursue an off-site mitigation for up-4~ 1 .e? awes4 the 21 I D rn- I” SECTION 5. Said Planned Unit Development shall be constructed in compliance with the following plans on file with the City’s Growth Management Department: 31 32 1. 33 34 35 2. 36 37 3. 38 39 40 4. 41 42 43 5. 44 45 46 Ql 3gg March 22, 2004 Master Plan and Detail Plans by Urban “I’ L Design Studio. Eleven sheets. March 31 , 2003, Landscape Plan by Urban Design Studio. Eleven sheets. July 26, 2002, Buildings A and B Roof and Floor Plan by Oliver Glidden & Partners. Sheet A-I. July 24, 2002, Buildings A and B Elevations by Oliver Glidden & Partners. Sheet A-2. August 15, 2002, Building C Roof, Floor and Elevation Plans by Oliver Glidden & Partners. Sheet A-6. 11 Date Prepared: May 11,2004 Resolution 125,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6. August 15, 2002, Building D Roof, Floor and Elevation Plans by Oliver Glidden & Partners. Sheet A-7. 7. November 7, 2002, Building F Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A-4. 8. August 15, 2002, Building G Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A-5. 9. August 15, 2002, Building I Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A-3. IO. August 14, 2002, Townhome Roof, Floor and Elevation Plans by Wolff- DeCamillo and Associates. Seven sheets. 11. March 31, 2003, Conceptual Engineering Plan by Schaefer Fagan & Cooper, Inc. One sheet. 12. January 17, 2003, Photometric Plan by Urban Design Studio. One sheet. 13. May 3. 2004, On-Site Preserve Plan by Urban Design Studio. One sheet SECTION 6. All future amendments to the Donald Ross Village Planned Unit Development shall be approved by Resolution. SECTION 7. Said approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 12 Date Prepared: May 11,2004 Resolution 125,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of , 2004. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Eric Jablin, Mayor BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY AYE NAY ABSENT A \\pbgsfile\Attorney\attorney_share\RESOLUTlONS\amending dev plans to donald ross vlg - res 125 2004.doc 13 Date Prepared: March 11,2004 Resolution 125, 2004 EXHIBIT A (I NTE NTI 0 N AL LY 0 M ITTE D) Date Prepared: March 11,2004 Resolution 125. 2004 EXHIBIT B EXHIBIT B DESIGN GUIDELINES DONALD ROSS VILLAGE PUD September 19,2002 Roof treatments may include flat, gable or hip roofs. The gable and/or hip roofs shall include three-color blend of concrete "S" tile to match the three-color tile blend of the previously submitted commercial buildings. Building colors allowed shall match the colors of the previously submitted commercial buildings. Metal trim work shall match the color of the previously submitted commercial building. Building awnings match the colors of the previously submitted commercial buildings. Alternate colors may be approved if combined in a unified fashion and approved by the Growth Management Director or his designee. Common architectural elements shall include: 0 Concrete block construction with textured stucco color-blend concrete 'S' tile. mass element. fascia lines. entrances and along facades exceeding 100'. A minimum of 50% of the building perimeter shall have a pitched roof with 3 Imitation wooden outlookers at fascia lines of pitched roofs at raised building Simulated stone cornice treatment at remaining roof parapet wall and pitched roof Raised building mass and pitched roof with breaks in wall plane at building Periodic horizontal raised banding at intermediate wall planes. Periodic accent tile medallions and banding Fabric awnings at selected windows. 0 0 0 0 0 Multi-paneled windows 0 Tenant and building identification signage shall conform to approved PUD signage program. i ! I Date Prepared: March 11,2004 Resolution 125. 2004 EXHIBIT C - -__ ._ FILE No.7n 12/05 '02 16:03 ID:UIBFKI DESIGN STUDIO FW:561 689 0551 PFI(;E ?/ 7 EXHIBIT C Date Prepared: March 11,2004 Resolution 125.2004 EXHIBIT D . 'li- Inner-Ofice Memorandum To: Ed Tombari, Gro From: Lieutenant Jay EXHIBIT D Ref: Date: 2/0 1/02 Parcel 4.02 & 4.04 (Center Fund) MXD Use PUD 1. Will need to provide a detailed photometric plan. 2. Lighting locations should not conflict with landscaping (to include long term tree canopy growth). 3. Metal Halide lighting should be used for all street and pedestrian walkways. 4. Buildings lighting (non-glare) should be around perimeter of all sides and on pedestrian sidewalk surrounding the buildings. 5. Provide lighting for entrance sign. 6. Numerical address on all buildings: a. Needs to be illuminated for nighttime visibility. b. Must have bi-directional visibility fkom the roadway. 9. Landscaping should not obstruct view fiom windows or walkways. 10. All perimeter doors should be equipped with hinges that utilize non- removable hinge pins. 1 1. All strike areas of perimeter doors should be equipped with reinforced, case hardened strike plate. T- EXHIBIT D 12. Site plan does not indicate sidewalk leading to and fiom center. Northmil Plaza is a good example for this if you want to visit there. 13. The rear doors to the buildings should be equipped with a peephole viewer. 14. All stairways should provide open views. 15. Bank security needs: Height markers at main exit doors. Install alarm system. For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed above exit doors and teller counters and the drive-thru lanes. 0 Installation of money lever switch within teller cash drawers that will activate alarm system in emergency situations. 0 ATM - Comply with F.S.S. 655.960-965 relating to ATM (copy provided): a. Must be visible fiom roadway(s). b. Should not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install slow speed video camera that records 24 hours a day d. High illumination of ATM and walkway leading to and from it. Lighting should be positioned also as not to cause glare of video recording. mirror to allow operator of ATM to identify any approaching person(s) and/or potential suspect(s). e. Install and strategically place a convex 16. All Drive-thru's needs signage stating one way only. 17. For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed for the retail drive-thru . EXHIBIT D 18. Hotel security needs: e e e e e e e e e e e e e 0 e e e Hotel needs to be readily identifiable by name. The main entrance should lead directly to the fkont lobby area with visible signage indicating so. Traffic leading to lobby overhang and/or circular drive should be one way with signage stating same. Bellboys should be instructed to greet guests to reduce the fear of crime and provide a sense of security. They should be trained to recognize suspicious persons, be and extra set of security eyes and ears for the parking lot areas, teach guests how to secure their possessions and communicate to them safe areas and routes to visit. Consider utilizing uniformed or non-uniformed personnel whose primary fbnction is security. Guest should have 24-hour access to an on-premises guest contact staff member. Lodging properties should use application forms containing language that the employer can conduct criminal background checks on all employees. Lodging properties should establish written employee policies and procedures for lost and found properties. Front desk clerks should be on duty at all times. Keep beverage machines in open areas instead of secluded ones. Pay phones should be kept in open areas, preferably within view of the front desk. Legends, marquis maps, etc. should be used indicating location of conference rooms, elevators, stairs, lobby areas, restaurants, pool, tennis court, workout room, etc. Gift shop windows should be clear to increase natural surveillance. All guestrooms need to have electronic card access versus mechanical locking system. Guestroom entry door should have auxiliary hnctioning locks. Each guestroom should be provided with in-room electronic safes. Note: Must be preplanned by electrical engineer for electrical There should be no access to guestrooms kom outside unless by electronic access. Interior hallways should lead to all guestrooms. hook- UP. . __ ---w--- EXHIBIT D Restrict access to pool/spa/sauna through the use of key card or key. For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed for all parking lot sections, pool areas, ancillary hotel access points, front lobby desk, etc. The Hampton Inn has this if you want to visit there. 19. All ingress/egress locations should be designed the same as Northmil Plaza. 20. The landscape buffer will create a situation where natural surveillance of the development will be extremely limited, petitioner should compensate with other alternative preventive measures. 2 1. Convenience Store Security - Comply with Florida State Statute 81 2.173: For potential criminal activity detection, a high-resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed to cover all register locations in use. The camera system should be positioned to cover all registers in use and to minimize tampering by customers or offenders. The camera system should be capable of continuous operation or activation by a remote triggering device such as a concealed button. A drop safe or cash management for restricted access to cash receipts. A lighted parking lot illuminated at an intensity of at least 2 foot-candles per square foot at 18 inches above the surface. A conspicuous notice at the entrance which states that the cash register contains $50 or less. Window signage and window tinting must allow for a clear unobstructed view of the cash register and sales transaction area from inside or outside of the building and in a normal line of sight. The degree of window tinting shall allow for physical identification of all individuals in the sales transaction area fiom outside the building and in a normal line of sight at all times. Conspicuous height markers with digits at least one inch in size at the inside entrance of the convenience business. A written cash management policy that is kept on site, limits the cash on hand at all times after 11 P.M. and before 5 A.M. A silent alarm which activates a signal to a law enforcement agency or a private security agency is required. Silent alarms shall have a primary and secondary power source. 22. Parkway Preserve paths: Shall maximize natural surveillance of the pedestrian users through selective vegetative management practices. Ground cover should be no higher than 24" and trees having a minimum 7' clear trunk space creating a natural surveillance window. Install 14' pedestrian scale lighting. As a general rule, the minimum lighting intensity at any point along the path should be at 0.6 foot-candles . Sight lines should have a 12' clear distance space at entry points, curves, mergers, intersections, etc. Install signage to promote enhanced safety and awareness. Example: Trail system traverses heavily, wooded and secluded areas. visitors encouraged to travel with a partner. I Date Prepared: March 11,2004 Resolution 125, 2004 EXHIBIT E December 2,2002 EXHIBITE __ City of Palm Beach Gardens PUD uses Donald Ross Village PUD a The following shall be the permitted uses within the Planned Unit Development: accessory uses; accountant; adjuster, insurance; advertising office; alteratiotddress making shop antique shop; appliance and/or electronics stores; appraiser; architect; art gallery and/or museum; art studio, gallery and supplies; arts fabric store, attorney; bakery, bankhancia! institutions; barber shops; bicycle shop; blueprinting service; bookstore; bridal formalwear store; broker; building, plumbing and electrical contractor’s office; camera and photographic supplies sales and service; candy, nuts, confectionery and ice cream shop; card and party store; catering services; china, crockery, glassware and earthenware clothing store and accessories; comedy entertainment club and/or night club; commercial photography studio; confectionary & ice cream shop; convenience store w/gas sales; cosmetics shop; costume/tuxedo rental; dance schoolhtudio; data processing service; delicatessen; department store; shops; development & printing film; drug store (with pick-up window); dry cleaning; electronics sales and repair; emergency health care; engineering ofice; fitness studio; floor covering sales; floral or florist shop; food market; hrniture store; games and entertainment stores; general retail; gift and card shop; grocery store; gymnasium, health and fitness center; hardware store; health and fitness club or day spa; hobby and/or craft shops; hotel/motels, household finishing store; income tax service; insurance agencies and bond ofice; interior design including sales; jewelry store; laundry, coin operated leather goods and luggage stores; liquor store; loan company office; locksmith; luggage store; mail and packing store; marine equipment sales; market research office; medical equipment rental/leas..ig; minor utilities; multifamily dwellings; music store; music and musical instrument sales; newstand; notary public office; office equipment sales; EXHIBIT E optical store; optical, optician or optometrist offices; paint and wallpaper store; party supplies leasinghental; personal services pet shop including overnight pets (in a soundproof building); photocopying store; picture framing; pottery shop; private club or lodge; professional and business offices; real estate sales/management ofice; residential use restaurants (without drive-thru); school/studio - art; school/studio - business; shoe store; soft goods stores; specialty grocery store; sporting goods store; stationary shop; stock exchanges and brokerage ofice; studio (instructional or professional); surgical and orthopedic store; swimming pool supplies; tailor; telecommunication equipment sales (for personal use); tobacco shop; toy store; travel agency; veterinarian (overnight pets subject to City Performance Standards); video rentals and sales (family oriented); yoga instruction. Date Prepared: March 11,2004 Resolution 125,2004 EXHIBIT F (INTENTIONALLY OMITTED) Date Prepared: March 11, 2004 Resolution 125, 2004 EXHIBIT G EXHIBIT G ACREAGE TOTAL SQUARE FOOTAGE *** 34.24 284,528 Yes Date Prepared: May 4, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 115,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A REQUEST BY DONALD ROSS / MILITARY, L.C., FOR AN UPLAND PRESERVE SET ASIDE FOR DONALD ROSS VILLAGE PLANNED UNIT DEVELOPMENT (alWa PARCELS 4.02 AND 4.04) TO BE LOCATED APPROXIMATELY 1.25 MILES NORTH OF PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. ON A 3.09-ACRE SITE ON THE BEELINE HIGHWAY, WHEREAS, on April IO, 2003, the City Council adopted Ordinance 53, 2002, which approved the master site plan for a planned unit development (PUD) with 156 multi-family residential units, a 93-rOom hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gaskonvenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45-acre site generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east; and WHEREAS, the applicant proposed to mitigate up to 29% of the upland preserve requirement off site, thereby requiring an amendment to Conditions 37 and 38 of Ordinance 53,2002, as amended by Ordinance 23,2004; and WHEREAS, Donald Ross / Military, L.C. has requested approval (MISC-04-19) from the City of Palm Beach Gardens for an alternative form of mitigation in lieu of on- site preservation for the Donald Ross Planned Unit Development, as permitted by Section 1 18 (b)( 1 ) and (3) of the City's Development Regulations, entitled "Alternative Forms of Mitigation; and WHEREAS, the Growth Management Department has reviewed said applications and has determined that the mitigation request for off-site preservation is a benefit to the City that equals or exceeds the expected benefit that would have been derived from the complete on-site preservation within the Donald Ross Village Planned Unit Development (PUD); and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that this Resolution is consistent with the City's Comprehensive Plan based on the following findings of fact: Date Prepared: May 4, 2004 Resolution 1 15, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. The applicant has satisfied the criteria established in Section 78-250 of the City's Land Development Regulations and Policy 6.1.5.6. of the Conservation Element of the City's Comprehensive Plan. 2. The proposed approvals are not a detriment to the public safety and welfare within the City of Palm Beach Gardens. 3. The proposed uses are in harmony with the general purpose and intent of the Code. WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the upland preserve set aside location for the Donald Ross Village Planned Unit Development located off of the Beeline Highway, approximately 1.25 miles northwest of PGA Boulevard (hereinafter called the Donald Ross Village Mitigation Parcel), as more particularly described below: LEGAL D ESC R I PTI ON : 3.09 ACRES OF LAND LOCATED WITHIN PARCEL 18.A18. A PARCEL OF LAND LOCATED IN SECTIONS 1 AND 2, TOWNSHIP 43 SOUTH, RANGE 41 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF PGA BOULEVARD AND THE NORTHEAST RIGHT-OF-WAY LINE OF THE BEELINE HIGHWAY; THEN NORTH 53'39'33" WEST, ALONG SAID NORTHEAST RIGHT-OF- WAY LINE OF THE BEELINE HIGHWAY, A DISTANCE OF 230.95 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND. THENCE NORTH 39O25'54'' EAST, A DISTANCE OF 630.95 FEET; THENCE NORTH 88'29'33" EAST, A DISTANCE OF 746.28 FEET; THENCE NORTH 01 "50'28'' EAST, A DISTANCE OF 331.75 FEET; THENCE NORTH 88'31'49" WEST, A DISTANCE OF 632.01 FEET; THENCE NORTH 53'39'33" WEST, A DISTANCE OF 6,085.22 FEET; THENCE SOUTH 36'22'07" WEST, A DISTANCE OF 1000.00 FEET; THENCE SOUTH 53'39'33'' EAST, ALONG THE SAID NORTHEAST RIGHT-OF-WAY LINE OF 2 Date Prepared: May 4,2004 Resolution 115, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 THE BEELINE HIGHWAY, A DISTANCE OF 6,168.82 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. OFF-SITE MITIGATION 1. The legal description shall be used as a guideline for the location of approximately 3.09-acres of upland preserve set aside. Prior to the issuance of any clearing permit for the “Reserve Preserve” area on the Donald Ross Village Planned Unit Development (alkla Parcels 4.02/4.04), a conservation easement in a form acceptable to the City Attorney shall be recorded in the public records of Palm Beach County over the Beeline Highway mitigation parcel (a/k/a Donald Ross Village Mitigation Parcel). Said “Donald Ross Village Mitigation Parcel” conservation easement shall be dedicated to a private or public entity for maintenance responsibilities. (City Forester) 2. Prior to the issuance of any clearing permit for the “Reserve Preserve” area within the Donald Ross Village Planned Unit Development (a/k/a Parcels 4.02/4.04), the petitioner shall obtain staffs review and approval of the Upland Preserve Management Plan for the “Donald Ross Village Mitigation Parcel”, unless staff receives confirmation that the parcel has been dedicated to Palm Beach County for ownership and maintenance. (City Forester) 3. Prior to issuance of the first non-residential Certificate of Occupancy for the Donald Ross Village Planned Unit Development, all exotic vegetation shall be removed from the “Donald Ross Village Mitigation Parcel.” (City Forester) SECTION 3. This approval shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. Vegetative and Wildlife Assessment, 1 1.05.03, Cotleur-Hearing, 17 pages. SECTION 4. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 Date Prepared: May 4,2004 Resolution 1 15, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Eric Jablin, Mayor BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY -- AYE NAY ABSENT G:\attorney-share\RESOLUTlONS\upland preserve - donald ross vlg - res I 15 2004.doc d 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 24,2004 Meeting Date: June 3,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 SubiectIAPenda Item: Ordinance 17, 2004 (second reading), amending the city advisory boards and committees, to establish general policies and procedures and to update the purpose, powers and duties, and membership criteria for such boards and committees. Resolution 120,2004, creating the Education Advisory Committee, and Resolution 121,2004, creating the Budget Oversight Committee. [ X ] Recommendation to APPROVE 1 Recommendation to DENY Reviewed by: City Attorney d ~ ~ Submitted by: Sheryl Stewart, Assistant to the City Manager Originating Dept.: Administration Advertised: Date: Paper: [ ] Not Required Affected parties &+Notified [ ] Not required costs: $ (Total) $- Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: ~ Council Action: [ ]Approved [ ]Approved w/ conditions [ ]Denied [ ] Continued to: Attachments : Ordinance 17,2004 Resolution 120,2004 Resolution 12 1,2004 Liaisons Chart Board member survey s-ry Council-Manager Form of Government Report s-ry [ ]None Date Prepared: May 24,2004 Meeting Date: June 3,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 BACKGROUND Council unanimously approved on first reading Ordinance 17, 2004, amending the city advisory boards and committees. During first reading, Council discussed changing Section 2-96 (b) of the general procedures in Ordinance 17,2004, to indicate that any member of the planning, zoning and appeals board who is absent from four (4) consecutive regular meetings or 25% of regular meetings in a twelve (1 2) month period would automatically be removed as a member of the board. Currently, the ordinance reads that any member of the planning, zoning and appeals board who is absent six (6) consecutive regular meetings or 25% in a twelve month period would automatically be removed. This chanye to the Ordinance would have to be read into the record as part of Council’s motion to adopt the Ordinance on second reading;, PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission (Commission) held a public hearing on May 25,2004 and recommended approval with four changes to Ordinance 17,2004 to the City Council with a vote of 5-1. Commissioner Michael Panczak voted against approval of Ordinance 17, 2004. The Commission proposed the following changes to the subject ordinance: 0 0 Limit the members to one-year terms. Ordinance 17,2004 proposes two-year terms. Eliminate the six-year maximum number of years that a member can serve on the Commission. Ordinance 17,2004 proposes a six-year maximum after which a member is eligible to re-apply for appointment to the Commission provided a waiting period of one year has passed. Substitute the six consecutive absences with four after which a member is automatically removed from the Commission. Ordinance 17, 2004 proposes six consecutive absences or 25% of all meetings of an entire year. Retain the function of reviewing site plans and architecture associated with said plans. Ordinance 17, 2004 does not propose to take this function away from the Commission as an interim measure at this time. 0 0 Regarding each point above, staff believes the following: Two-year terms are appropriate and would provide continuity on each board and committee. The proposed one-year waiting period for any member who has served for six years on a board or committee before applying again for an appointment affords an opportunity for other applicants/City residents to serve on a board or committee. The existing language in the Code limits the maximum number of years to be served to six years, but a member may serve for additional years if granted a waiver by the City Council. 2 0 Staff agrees with the Commission on reducing the six consecutive absences to four because six absences are excessive and can be disruptive to the Commission as a whole. The City Council also directed staff to reduce it to four during the City Council’s review of Ordinance 17,2004 on First Reading. Ordinance 17,2004 does not propose to take the function of reviewing individual site Plans and architecture from the Commission at this time. However, staff will be reviewing the Code and proposing to make amendments to it to permit staff to review and approve site plans within Planned Unit Developments (PUDs) and Planned Community Developments (PCDs) as soon as time allows. The obiectives will be to eliminate between three to four months of the review and approval process, use staff time more efficiently by not having to prepare agenda items for the Commission and the City Council. and to differentiate between policy and implementation. The City Council reviews and approves PUDs and PCDs because they involve policy decisions, whereas site plans within PUDs and PCDs are the implementation of such policy so long as they are consistent with the design gu idelines and development orders. 0 STAFF RECOMMENDATION: Approval of Ordinance 17,2004 on second reading, amending the city advisory boards and committees, to establish general policies and procedures, and to update the purpose, powers and duties, and membership criteria for such boards and committees. In addition, staff recommends approval of companion Resolutions 120 and 121,2004 creating the Education Advisory Committee and the Budget Oversight Committee, respectively. 3 Date Prepared: May 4,2004 Meeting Date: May 20,2004 Ordinance 17,2004 Resolution 120,2004 & Resolution 121,2004 BACKGROUND During the Council Meeting on April 1,2004, Council discussed staffs recommendations provided in response to Council’s directives concerning the City advisory boards and committees, including improvements to the liaison system and the board process as a whole. Attachment 1 is an executive summary of the report discussed. There was Council consensus for having staff to serve as the liaisons to internal boards and special project committees. For those boards/committees that did not already have staff liaisons, the City Manager has appointed staff, as shown on Attachment 2, the updated liaisons chart. In addition, there was also Council consensus directing staff to bring back the necessary ordinance and resolutions to amend the boards and committees program, as well as to establish an updated and clear purpose, duties and membership information for each board and committee. Based on Council’s feedback on April 1, 2004, staff prepared the attached proposed ordinance and resolutions according to the approach summarized below. PART I: ESTABLISH GENERAL POLICIES AND PROCEDURES FOR ALL BOARDS The proposed new Article within the Code of Ordinances deletes the provision for council liaisons for internal boards and committees, and for consistency, efficiency and effectiveness purposes standardizes the orpanizational and operational procedures which will pertain to all boards and committees, highliphted as follows: 1. 2. 3. Distinguishes between a board and a committee by definition. Boards will be created by ordinance, to exist on an on-going basis in order to advise council on any function of the city. Committees will be created by resolution, to exist for a specific period of time in order to advise council on an item of special nature. Centralizes tasks related to board and committee records maintenance, member application, and appointment process within the Citv Clerk’s Office. This includes maintaining a list of those who have applied and are interested to serve as members, notification regarding term expiratiodappointment and eligibility for reappointment. The city clerk will also maintain attendance and voting records, minutes, audio tape recordings and records of official acts taken by the board or committee. Provides for a process for announcing and filling vacancies on boards and committees. This includes posting notices on the city’s website and in city buildings and publishing ads at least five days prior to the date at which city council may interview candidates to fill vacancies. proposed ordinance clarifies that vacancies for unexpired terms will be filled by appointment of an alternate member, and if two vacancies occur at the same time, the second vacant seat will be filled by the second alternate. 2 4. Establishes procedures for city council to make appointments during a regular city council meeting, based upon objective criteria. The staff liaison will review the list of interested members, including current members who seek reappointment, determine if they meet the proposed qualifications for serving on the board or committee, and prepare recommendations regarding appointments for council to consider. During a public meeting, the council may interview those who seek appointment or reappointment, and then make their selection(s). 5. Continues the residency requirement for board and committee members, unless otherwise provided by ordinance or resolution. For example, on the proposed Economic Development Advisory Board and the Budget Oversight Committee a member may own or operate a business in the city. 6. Includes general provisions to avoid any perceived or actual conflicts of interest by adding that members cannot be employed by or have any contractual relationship with the city, unless otherwise provided by ordinance. Also added is that members can only serve on one board or committee at any one time; this will apply to all boards/ committees, including pension boards. 7. Establishes term limits. Members will not be allowed to serve more than six consecutive years. To meet the intent, they must then wait one year from the date they left the board before applying to serve again. 8. Establishes for all boards the election of a chair and vice-chair during January each year. 9. Establishes basic rules for meetings, which will be open to the public in accordance with Florida Sunshine Laws, with minutes and audio tape recordings of such meetings. Members will be required to notify the staff liaison if they cannot attend a meeting. The proposed ordinance eliminates the lannuane regarding excused and unexcused absences. Along with the definition of what constitutes a quorum, the proposed ordinance indicates that if a quorum is not present, the meeting will be cancelled. 10. Provides for staggered - membership terms, and updates how members can be removed to include that any member who is absent 25% of the regular meetings in a year will automatically be removed. PART 11: RE-EXAMINE EACH BOARD AND COMMITTEE Applying the proposed standards outlined above, staff looked at each existing board and committee, re-examined its purpose, duties and membership criteria, and considered whether it should be established as a board (bv ordinance), or as a committee (by resolution). Should Council approve, following the general requirements section of the proposed new Article in the Code, each board will have its own section with updated information. Below is a summary of staffs analysis of the boards and committees, and the proposed updates to them. One of the common provisions being proposed for consistency is that the boards will be composed of seven regular members and two alternates. 3 Art in Public Places Advisory Board: Staff proposes changing the name from the Art Advisory Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to promote greater public participation in and access to arts and culture in the city. In addition to screening submissions of art work and making recommendations to city council, the board would have the responsibilities specifically related to implementing the city’s art in public places program, including making recommendations on site location and artwork selection, and on expenditures of art impact fees. Membership qualification criteria have been added in an effort to include people, when possible, with professional expertise or substantial volunteer involvement in visual, performing or literary arts, architecture, design or urban planning, arts and cultural institution management, or education. Community Aesthetics Board: Staff proposes changing the name from the Beautification and Environmental Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to provide recommendations to council with a broad outlook towards present and future community improvements that aesthetically enhance the neighborhoods and open space in the city. Prior to this update, the board was mainly responsible for the preparation of a beautification master plan, which has been completed. The board would now have the specific responsibilities, such as providing recommendations about public roadway beautification projects, approving neighborhood improvement grant applications, issuing city beautificatiodenvironmental awards, and serving as the city’s official “Tree Board.” Membership qualification criteria have been added in an effort to include people, when possible, with a background related to building construction, architecture, urban design, horticulture or landscaping. Economic DeveloDment Advisory Board: Staff proposes changing the name from the Economic Development Oversight Committee, to establish it in the code as a board by definition, and to clarify its purpose which is to provide private sector insight, business expertise and recommendations to the city to promote a balanced, diversified economic base for the city. Membership qualification criteria have been provided in an effort to include representatives from the Business Development Board of Palm Beach County, North Palm Beach County Chamber of Commerce, PGA Corridor Association, and value-added private sector businesses. Parks and Recreation Advisory Board: Staff proposes to clearly define the board’s purpose in the code, which is to advise, review information and provide public input, support and advocacy for the future development of parks and recreation resources for the community. Membership qualification criteria have been added in an effort to include people, when possible, with experience and interest in many of the city’s recreation services. Planning, Zoning and Appeals Board: Staff proposes to combine the Planning and Zoning Commission and Board of Zoning Appeals into one board with a new name in the code, and to define its purpose which is to review and make recommendations to city council on development petitions, and hear and decide on variance requests and appeals to administrative decisions related to the land development regulations (LDRs). The board powers and duties include making recommendations on site plans, master site plans for planned unit developments (PUDs), planned community developments (PCDs) and major amendments to these plans, annexation petitions and 4 zoning requests. As the Land Development Regulation Commission and the Local Planning Agency, the board will continue to review and recommend amendments to the LDRs and Comprehensive Plan, respectively. Membership qualification criteria have been added to require that at least one member has a background from two specific types of professional disciplines, related to (1) architecture or planning, and (2) engineering, law, real estate, land surveying or the environment. Also, there will be a representative of the school district appointed by the school board as a nonvoting member. The board will continue to review and make recommendations on site plans as an interim measure until staff has adequate time to study and draft amendments to the city’s land development regulations to permit staff to review and approve individual site plans within PUDs and PCDs at staff level. It is staffs goal to streamline and expedite the development review and approval process for site plans. This will provide staff with more responsibility and flexibility to make the technical decisions about projects based upon obiective criteria that will be established. Education Advisorv Committee: Staff proposes changing the name of the board to make it a committee with a clearly defined purpose, which would be to serve as advocates for improving the quality of public education in the city. As directed by Council, this committee will be established by resolution for one year, with clearly defined duties and meeting requirements. At the end of one year, staff will review whether the committee has been effective and should be extended, or whether it should stand dissolved. Like other boards and committees, membership qualification criteria have been proposed to include individuals with a background in the education profession and business community. Also, staff will make an effort to involve students from the local magnet school programs in a nonvoting capacity. Budvet Oversivht Committee: Staff proposes establishing this committee by resolution for the specific purpose of providing citizen input to the city’s annual budget process, as has been the practice over the past several years. Members will be appointed based upon their background related to business, banking, finance or management, and will serve for a term of two years, which will allow staff the opportunity to re-evaluate its effectiveness on a bi-annual basis. BoardsKommittees Survey: To assist in the analysis process, staff sent a survey to the existing board and committee members for their feedback and input. Attachment 3 is a summary of the responses, which indicate a 60% rate of participation in the survey. Most members indicated that they understood the purpose of their boardcommittee, and most would like to be considered for re- appointment. PART 111: IMPLEMENTATION STRATEGY Upon Council’s approval of the ordinance, staff will re-evaluate the existing composition of all the boards and committees based upon the updated membership criteria. Staff will also conduct a city- wide effort to publicize the opportunity to serve on the various boards and committees. Staffwill be taking a look at updating the application form and preparing a formal orientation program which all new members will be required to attend. As part of the program, new members will receive a handbook which explains the Sunshine Law, voting and a guide to local government. 5 In order to start the new process in an organized manner, all seats will be considered vacant starting October 1, 2004. Members that currently serve will be eligible to submit applications along with anyone else interested. Upon receipt of these applications, staff will bring forward a resolution for the appointments and reappointments to the boards and committees based on the new criteria proposed. The goal for this resolution will be to include existing and/or new members to the boards, under the new program and based on the staggered terms proposed. After adoption of this ordinance, all boards and committees will operate under the new code provisions, except those provisions relating to membership. During the transition period (from the date of adoption until October 1, 2004), all current members will remain in place and all current vacancies and applications will be on hold. In addition, the staff liaisons will be sharing the new code provisions with existing board and committee members during their upcoming meetings over the next six months. The proposed changes to the Planning and Zoning Commission involve amendments to the Land Development Regulations, which will be considered by the existing members at their meeting on May 25,2004. STAFF RECOMMENDATION: Approval of Ordinance 17,2004 on first reading, amending the city advisory boards and committees, to establish general policies and procedures, and to update the purpose, powers and duties, and membership criteria for such boards and committees. No action will be taken by Council on the companion Resolutions 120 and 121, 2004 creating the Education Advisory Committee and the Budget Oversight Committee, respectively. They will require action on second reading of the Ordinance, scheduled for June 3,2004. 6 ATTACHMENT 1 Executive Summary of Council-Manager Form of Government Report Implications for the roles of mavor, council and citv manager: Council’s role as chief policymaker is enhanced by a manager responsible and accountable to execute and administer its policies. They form a cohesive policymaking and management team. (pgs. 7-8) Council should issue directives and make requests as a unified body directly to the manager. (pgs. 8-9) Maintains strict separation of responsibilities between policymaking and administration. (pgs. 8- 10) Each council member has equal access to information. (pgs. 9-1 0) Contrary to the concept of keeping all five council members equal. (pg. 12) Agenda-setting is an administrative process not policy. (pgs. 1 1- 12) Potential for violating the due process rights of those conducting business with the city. (pg. 12) Issues raised bv mavor setting apenda prior to council meetinps: Council Liaisons: - Pros: Gives citizens a sounding board to express political issues and broader community views. (pg. 14) Citizens involved in the governing process. (pg. 14) Needed for external boards dealing with intergovernmental matters. (pg. 16) Contrary to the concept of keeping all five council members equal and informed. (pg. 14) Diminishes purpose for citizen advisory boards. Separates politics from board discussions. (pg. 14) 0 Time consuming and duplicates the efforts of staff. (pgs. 14-15) Conflicts with council-manager form of government. (pg. 15) Code allows council to dissolve a board if: (pg. 17) Cons: Dissolvinp a board: o It is no longer needed to meet its purpose, or purpose has been served o Acts outside the scope of responsibilities o A decision has been made by council o No resources to support the board o Appears to serve political interests Member appointments and qualifications - Recommendations bv staff regarding advisory boards and committees: o o o Qualifications should be clearly defined in the code. (pg. 2 1) Staff should proactively advertise board vacancies to maintain a pool of qualified interested volunteers. (pg. 2 1) For internal and special project boards, staff should conduct recruitment process and make appointment recommendations to council for final selection as a body. (pg. 22) Boards enabling legislation and information should be together in one article of the code. (pg. 22) Boards should have standardized operating procedures to ensure consistency. (pg. 22) State definition of board and committee in the code. (pg. 22) Formal orientation process should be a requirement for all board members to have clear purpose of their roles and responsibilities. (pg. 23) Review purpose and duties of boards to update code to reflect changes and current issues, such as P & Z Commission to establish parameterdcriteria for architectural review. (pgs. 18, 23) Dissolve Education Advisory Board. Its purpose is no longer clear, and members have expressed desire to disband. (pgs. 18,23) Sunset GNA/Neighborhood Program Meetings and Gardens United as a city facilitated committee; continue issue-driven community public meetings. (pgs. 19-2 1,23) Establish by resolution or ordinance Economic Development Oversight Committee and Budget Oversight Committee. (pg. 2 1) Organization and operation - o o o o o Performance - o o o ATTACHMENT 2 CITY ADVISORY BOARDS AND COMMITTEES LIAISONS INFORMATION I INTERNAL BOARDS I Art in Public Places Advisorv Board ' I Communitv Aesthetics Board * Planning, Zoning and Appeals Board ' and Recreation Advisorv Board 11-1 ~~~ ~. I_ I ~~ ~~-~~ I Economic DeveloDment Advisorv Board SPECIAL PROJECT COMMITTEES Budget Oversight Committee Advisory Committee I -111 _-" 111 l-x 11111 I EXfERNAI, BOAKllS I Intergovernmental Issues I Loxahatchee River Coordinating Council Municipal League North County Intergovernmental Northlake Boulevard Task Force Seacoast Utility Authority P.B. Co. Metropolitan -- . " ~- " __"" I__ --- _- ---- ^XI - I ___ - Internal Board - Permanent - adopted by Ordinance 2004/2005 Staff Liaison _ Autumn Sorrow - Mark Hendrickson ~I Charles Wu Charlotte Presensky Dolores Key _x -x xl__ -- _--I ~ ~- Allan Owens Charlotte Presenskv Council Liaison D. Clark D. Levy R. Ferris E. Jablin E. Jablin c. Wu R. Ferris D. Clark -- x__ 2004/2005 _. - R. Ferris External Board - Permanent, external to the City organization Special Proiect Committee - adopted by Resolution with specific duties, effective dates and sunset dates. - Note: Ordinances updating and amending the City's Fire Pension Fund, Police Pension Fund and General Employees Pension Fund were recently approved by City Council on April 15, 2004. Further, because these boards function differently than the City's advisory boards and committees, they have not been included in this chart. ' Proposed new name, formerly known as Art Advisory Committee Proposed new name, formerly known as Beautification and Environmental Committee Proposed new name, formerly known as Planning and Zoning Commission Proposed new name, formerly known as Economic Development Oversight Committee 3 4 * Proposed new name, formerly known as Education Advisory Board. ATTACHMENT 3 CITY OF PALM BEACH GARDENS MEMORANDUM TO: DATE: May 4,2004 FROM: Patricia Snider, City Clerk SUBJECT: Boards and Committees Sheryl Stewart, Assistant to the City Manager Attached please find the summary sheet which captures all responses obtained from our recent survey sent to the internal Boards and Committees. If you need any additional information, please let me know. cc: Chris Tatum, City Attorney U c m v) Q U .- U a 0) v) Q 5 0) .- B E E Y E m g 0 a 0 a L * 0 En c U E m Q U e .- F a En c .- € f n v) Q, v) C 0 8 .. e m m 0 v) .- a 0 5 L n E IC E Q .- 2 E E 0 0 .. Q m U L .- n n a g w f 9 v) E s U E a E m m 0 m c .- z E 0 U E m m 0 L 3 % Q P 0 U L a g IC 0 L a g c v) '5 c v) '5 - Q L Q U v) .- v) .- a % a % a g Q v) 5 - 0 n 0 n 0 n Date Prepared: May 4,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 17,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO BOARDS AND COMMITTEES; REPEALING ARTICLE 111 OF CHAPTER 2, CODE OF ORDINANCES ENTITLED “BOARDS, COMMITTEES AND COMMISSIONS” IN ITS ENTIRETY; REPEALING ARTICLE II OF CHAPTER 46, ENTITLED “PARKS AND RECREATION ADVISORY 23, CODE OF ORDINANCES ENTITLED “PLANNING AND ZONING COMMISSION” AND “BOARD OF ZONING APPEALS,” RESPECTIVELY, IN THEIR ENTIRETY; REPEALING SUBSECTIONS 78-261 (c)(l) & (3) AND SUBSECTIONS 78-262(e)(I) BOARD” IN ITS ENTIRETY; REPEALING SECTIONS 78-22 AND 78- & (2) IN THEIR ENTIRETY; RENUMBERING SECTIONS 2-172, 2- 173, AND 2-174, COLLECTIVELY, CODE OF ORDINANCES TO BE SECTION 78-56, CODE OF ORDINANCES TO BE ENTITLED “ADMINISTRATIVE APPEALS”; CREATING A NEW CHAPTER TO BE ENTITLED “BOARDS AND COMMITTEES” TO ESTABLISH GENERAL POLICIES AND PROCEDURES FOR BOARDS AND COMMITTEES; CREATING THE ART IN PUBLIC PLACES ADVISORY BOARD; CREATING THE COMMUNITY AESTHETICS BOARD; CREATING THE ECONOMIC DEVELOPMENT ADVISORY BOARD; CREATING THE PARKS AND RECREATION ADVISORY BOARD; CREATING THE PLANNING, ZONING, AND APPEALS BOARD; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS FOR SUCH BOARDS; MODIFYING CERTAIN REFERENCES THROUGHOUT THE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. Article Ill of Chapter 2, Code of Ordinances entitled “Boards, Committees and Commissions” is repealed in its entirety. Article II of Chapter 46, entitled “Parks and Recreation Advisory Board” is repealed in its entirety Sections 78-22 and 78-23, Code of Ordinances entitled “Planning and Zoning Commission” and “Board of Appeals,” respectively, are repealed in their entirety. Subsections 78- 261 (c)(l ) & (3) and subsections 78-262(e)(I) & (2) are repealed in their entirety. SECTION 2. Sections 2-1 72, 2-1 73, and 2-1 74 collectively, Code of Ordinances are renumbered to be Section 78-56, Code of Ordinances, to be entitled “Administrative Appeals”. ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17, 2004 SECTION 3. All orders, actions, and recommendations previously made by boards and committees are hereby ratified and confirmed. SECTION 4. A new Article 111, Chapter 2, Code of Ordinances to be entitled “Boards and Committees’’ is created to read: ARTICLE 111. BOARDS AND COMMITTEES DIVISION 1. GENERALLY Sec. 2-81. Purpose. The purpose of the following sections is to set forth procedures by which the various city boards and committees function. Boards and committees are established to provide recommendations to and assist the city council with issues of concern in the city. Except as specifically provided herein, all boards and committees are advisory only, and the creation of advisory boards and committees does not diminish or alter in any way the statutory and constitutional authority of the city council. Sec. 2-82. Scope. The provisions of this article shall apply to all boards and committees of the city and shall govern all members thereof. Neither “board” nor “committee” shall be construed to include the city council. Sec. 2- 83. Creation of Boards and Committees. (a) Boards. The city council may, by ordinance, create a board in connection with any functions of the city. The ordinance creating such board shall specify the purpose, powers, and duties of the board, and shall specify the number, qualifications, and terms of office of the members thereof. (b) Committees. The city council may, by resolution, create a committee whose purpose is to advise the city council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist. The resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof. Sec. 2-84. List of volunteers. The city clerk shall prepare and maintain a list of volunteers comprising those persons who have indicated an intention and willingness to serve as members of city boards and committees if appointed by the city council for such purpose. Any preference of the volunteers to serve on a particular board or committee shall be so stated. 2 Date Prepared: May 4,2004 Ordinance 17, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sec. 2-85. Announcement of vacancies. All vacancies in the membership of any appointive city board or committee shall be announced by posting a notice of the same at a public place in city hall, by publishing a copy thereof in a newspaper of general circulation in the city, by posting an announcement on the city website, or by such other method deemed appropriate by the city, not less than five (5) days prior to the date at which the city council may interview candidates to fill any such vacancies. The city clerk shall also furnish to any member whose term is expiring a notice of such expiration and advise if the member is eligible for reappointment. Sec. 2-86. Procedure for appointment and filling vacancies; qualifications for membership of boards and committees. Except as otherwise provided in this Code, appointments on boards and committees shall be made at a regular city council meeting in accordance with the following procedures: Vacancies in the board or committee membership shall be filled by appointment of an alternate member by the city council for the unexpired term of the member affected. If two vacancies occur at the same time, the second vacant seat shall be filled by the second alternate. The city clerk shall provide the list of volunteers, including current members who seek reappointment, to the staff liaison for review and recommendation. The list of qualified volunteers, the attendance and voting records, and the recommendations of the staff liaison shall be placed on the council agenda for consideration . The city council may interview board and committee members who desire reappointment and volunteers from the city clerk’s list. The city council shall, in public session, select the person needed to fill such vacancy. Sec. 2-87. Records. The city clerk shall maintain the attendance record and the voting record of the members of all city boards and committees. Sec. 2-88. Compensation of members. Board and committee members shall serve without compensation except as may be provided by ordinance or resolution of the city council. 3 Date Prepared: May 4,2004 Ordinance 17, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Sec. 2-89. General provisions. Members of boards and committees: Shall serve at the pleasure of the city council. Shall, except as otherwise provided by state law or ordinance, be a resident of the city, maintain residency in the city during the term of appointment, and meet such other eligibility requirements as may be established by ordinance or resolution. Shall not hold any employment or office in the government of the city or any contractual relationship with the city, unless particularly specified herein. Shall serve on only one board or committee of the city. Shall not appear before that board or committee or the city council as agent or attorney for any person. Shall not have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties. Must attend the meeting in person. No member shall participate as a member of any board or committee meeting or vote on any matter by telephone, video conferencing, or by any other electronic means. Sec. 2-90. Terms of members. (a) Terms of members shall be established in the ordinance or resolution creating the board or committee. (b) Members whose terms have expired shall continue to serve until their successors are appointed. (c) Board and committee members may be reappointed to successive terms, but shall serve no more than six (6) consecutive years, and no member shall be eligible for appointment to the same board until one year from the date the person left the board. Sec. 2-91. Alternates. (a) The city council shall designate a first alternate and a second alternate for each board or committee. 4 Date Prepared: May 4,2004 Ordinance 17, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Alternates may participate in the discussion of matters coming before the board or committee, but may vote only when any regular member is absent from a scheduled meeting. At all meetings, the chairperson of the board shall note for the record any member who is absent. In the absence of a regular member, the first alternate shall sit in the absent member's place. In the absence of a second regular member, the second alternate shall sit in that absent member's place. Sec. 2-92. Officers. (a) All boards and committees shall, at a meeting during the month of January, elect a chairperson and a vice-chairperson, and any other officers as the board deems necessary. The chairperson shall preside at board meetings, be the official spokesperson for the board, and the formal liaison between the board and the city council and city administration. (b) The vice-chairperson shall assume the duties of the chairperson in the absence of the chairperson. At any meeting where the chairperson and the vice- chairperson are absent, the board or committee shall appoint a chairperson pro tempore to assume the duties of the chairperson. Sec. 2-93. Rules. Each board and committee shall adopt rules and regulations regarding the manner of conducting its meetings, which shall be consistent with the rules and regulations prescribed by the city council. Sec. 2-94. Meetings. (a) Meetings shall be held at the call of the chairperson, at such other times as the board or committee may determine, or as otherwise provided by law. Special meetings shall not be held unless at least twenty-four (24) hours notice is given to each member and the city clerk. (b) Members shall notify the staff liaison if they are unable to attend a meeting. The staff liaison shall notify the alternate that hidher attendance is required. If a quorum will not be present, the scheduled meeting shall be cancelled. The staff liaison will notify the city clerk of any cancellation and the member(s) absent. (c) A quorum for the transaction of business shall be established in the ordinance or resolution creating the board or committee. Date Prepared: May 4,2004 Ordinance 17, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (d) An audio recording shall be made of all meetings. Additionally, minutes shall be kept of the proceedings at each meeting and shall record the official acts taken by the board or committee. Audio recordings and minutes shall be maintained by the city clerk. (e) All meetings and public hearings of boards and committees shall be open to the public. All meetings shall be governed by Government-in-the-Sunshine pursuant to Section 286.01 1, Florida Statutes. Sec. 2-95. Quorum and required vote. (a) A quorum for the transaction of business shall consist of four (4) members for boards and committees with seven (7) members. A quorum for the transaction of business shall consist of three (3) members for boards and committees with five (5) members. A quorum for the transaction of business shall consist of two (2) members for boards and committees with three (3) members. (b) The affirmative vote of a majority of those present shall be necessary to take official action. If any motion fails to achieve the affirmative vote of a majority of those present, then such petition or other matter shall be deemed denied. Sec. 2-96. Removal of members. Except as otherwise provided by ordinance, any member who no longer resides within the city during hidher term shall automatically cease to be a member of the board and shall inform the city clerk's office. Any member of the planning, zoning, and appeals board who is absent from six (6) consecutive regular meetings or 25% of regular meetings in a twelve (12) month period shall be automatically removed as a member of the board. Any member of any other board or committee who is absent from three (3) consecutive regular meetings or 25% of regular meetings in a twelve (12) month period shall be automatically removed as a member of the respective board or committee. Automatic removal of a member shall cause a vacancy to exist in the membership of the particular board or committee. The city clerk shall send written notice of such automatic removal to the affected member. All board and committee members shall serve at the pleasure of the city council and may be removed without cause by a majority vote of the city council, unless otherwise provided by the Charter or Florida Statutes. Sec. 2-97. Resignation of members. Members of boards or committees may resign at any time, by submitting a resignation to the city clerk. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Sec. 2-98. Clerical/technical support. The city manager may furnish the board or committee necessary clerical services and technical assistance. Sec. 2-99. Dissolution of boards. The city council may dissolve a board or committee if the city council determines that the board is no longer needed to meet the purposes for which it was established. DIVISION 2. ART IN PUBLIC PLACES ADVISORY BOARD Sec. 2-1 05. Creation. There is hereby created the Art in Public Places Advisory Board. Sec. 2-1 06. Purpose. The purpose of the art in public places advisory board is to promote greater public participation in, and access to, arts and culture in the city and to make recommendations to the city council to implement the art in public places regulations, including site and artwork selection and review of artist(s) and artwork(s) commissioned or purchased by the city. Sec. 2-107. Powers and Duties. The art in public places advisory board shall have the following powers and duties: (1) Review submissions of existing or commissionable works of art and make recommendations to the city council. (2) In the development review process, the board shall review the proposed art in public places location on site and make recommendations to the applicant on the most suitable location for art on site. (3) Make recommendations to the city council on expenditures of art impact fees. Sec. 2-108. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. Date Prepared: May 4,2004 Ordinance 17, 2004 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4, 2004 Ordinance 17, 2004 Appointments shall be made by the city council based on experience and interest in arts and cultural issues in the city and shall, whenever possible, include persons who have professional expertise or substantial volunteer involvement in: (1) Visual, performing, or literary arts. (2) Architecture, design, or urban planning. (3) Arts and cultural institution management. (4) Education. Sec. 2-1 09. Meetings. (a) Meetings shall be at the call of the chairperson, provided the board shall convene no less often than once every two (2) months. DIVISION 3. COMMUNITY AESTHETICS BOARD Sec. 2-1 15. Creation There is hereby created the Community Aesthetics Board. Sec. 2-1 16. Purpose The purpose of the community aesthetics board shall be to provide recommendations to the city council with a broad outlook towards present and future community improvements which aesthetically enhance the neighborhoods and open space within the city. Sec. 2-1 17. Powers and Duties. The board shall have the following powers and duties: (1) At the request of council, review and provide recommendations on public roadway beautification projects. (2) Approve community and neighborhood improvement grant applications. (3) Review and provide recommendations on public environmental projects. (4) Issue city beautification and/or environmental awards. (5) Represent the city as the official “Tree Board” in developing a comprehensive community tree management plan for the care of trees on public property. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17, 2004 (6) Report to the city council as requested on special projects relating to community aesthetics and open space. Sec. 2-1 18. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. (b) Appointments shall be made by the city council based on experience and interest in improving community and neighborhood aesthetics and shall, whenever possible, include members with a background in building construction, architecture, urban design, horticulture, landscaping, and related fields. Sec. 2-1 19. Meetings. Meetings shall be at the call of the chairperson, provided the board shall convene no less often than once every two (2) months. DIVISION 4. ECONOMIC DEVELOPMENT ADVISORY BOARD Sec. 2-125. Creation. There is hereby created the Economic Development Advisory Board. Sec. 2-126. Purpose. The purpose of the economic development advisory board is to provide private sector insight, business expertise, and recommendations to the city to encourage and facilitate a balanced and diversified economic base compatible with the city’s quality environment. Sec. 2-127. Powers and Duties. The board shall have the following powers and duties: (1) Review and approve applications from companies wishing to qualify for the expedited permitting program. (2) Identify growth industries to diversify the city’s economy. (3) Develop action plans to leverage both national and local economic trends. Date Prepared: May 4,2004 Ordinance 17, 2004 1 2 3 4 (5) Identify proper venues to reach the city’s target market of value-added 5 employers. 7 Sec. 2-128. Membership. (4) Act as good-will ambassadors to companies seeking to relocate or expand operations to/in Palm Beach Gardens. 6 8 10 11 12 13 14 16 17 19 20 22 23 25 27 9 (a 15 (b 18 (c) 21 (1) 24 (2) 26 (3) 28 (4) 29 The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. Members of the board shall own and/or operate a business within the city, and need not be a resident of the city. Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: A representative of the Business Development Board of Palm Beach County, I nc. A representative of the North Palm Beach County Chamber of Commerce, Inc. A representative of the PGA Corridor Association, Inc. Representatives of private-sector value added businesses. 30 Sec. 2-129. Meetings. 32 33 34 35 DIVISION 5. PARKS AND RECREATION ADVISORY BOARD 36 37 Sec. 2-135. Creation. 38 39 31 (a) Meetings shall be at the call of the chairperson, provided the board shall convene no less often than four (4) times per year. There is hereby created the Parks and Recreation Advisory Board. 40 41 42 43 44 45 46 10 Date Prepared: May 4, 2004 Ordinance 17, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Sec. 2-1 36. Purpose. The purpose of the parks and recreation advisory board shall be to serve as advocates for the citizens by conducting constructive investigation, discussion, and review; providing advice to the Community Services department, city manager, and city council with a broad outlook towards improving present recreational facilities and increasing utilization of the facilities by the public; and evaluating and recommending future community needs for recreational projects and facilities. Sec. 2-137. Powers and Duties. The parks and recreation advisory board shall have the following powers and duties: (1) Investigate matters referred by the city council and submit reports to the council on such matters. (2) Review and make recommendations to the city council concerning parks and recreation issues. (3) Participate in visioning, strategic planning, and development of a Capital Improvements Plan to address the recreational needs of the city. (4) Conduct public participation meetings on issues related to parks and recreation. (5) Survey the community recreational needs and develop recommendations to meet those needs. Sec. 2-138. Membership. The board shall consist of seven (7) regular members and two (2) alternates. Initial appointment of members of the board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: A participant in senior targeted activities. A tennis center participant. A golf course participant. A recreational programming participant. 11 Date Prepared: May 4,2004 Ordinance 17, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (5) An aquatics programming participant. (6) An adult sports programming participant. (7) An arts and cultural advocate. (8) A special population advocate. (9) A volunteer from the PBG Youth Athletic Association. Sec. 2-1 39. Meetings. (a) Meetings shall be at the call of the chair, provided the board shall convene no less often than eight (8) times per year. DIVISION 6. PLANNING, ZONING, AND APPEALS BOARD Sec. 2-1 45. Creation. There is hereby created the Planning, Zoning, and Appeals Board. Sec. 2-146. Purpose The purpose of the planning, zoning, and appeals board is to make recommendations to the city council on development petitions that appear before the board, and hear and decide upon variance requests and appeals to administrative decisions made by the administrative officials of the city on issues related to the land development regulations. Sec. 2-147. Powers and Duties. The City Council hereby authorizes the board to hold and perform the following powers and duties: (I) Review and make recommendations to the city council on site plans, master site plans for planned unit developments, planned community developments, and major amendments thereto. (2) Hold workshops and public hearings on development petitions presented to the board. (3) Review all requests for zoning changes prior to review of said changes by the city council. 12 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 4,2004 Ordinance 17, 2004 Review and make recommendations to the city council on requests for annexation of lands into the city, together with requested land use and zoning of the annexed lands. Act as the land development regulation commission to develop and recommend land development regulations which implement the adopted comprehensive plan and to review land development regulations, or amendments thereto, for consistency with the adopted plan and report to the city council regarding its findings. Act as the local planning agency to develop and recommend to the city council comprehensive plan and future land use map revisions. Hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative officials charged with the administration or enforcement of the city’s land development regulations. Hear and decide on all variance requests in accordance with Section 78-53 of the city’s land development regulations. The board shall have no authority to authorize the use of any parcel of property or structure in a manner not permitted by the zoning classification of the district in which the property or structure is located. Sec. 2-148. Membership. (a) The board shall consist of seven (7) regular members and two (2) alternates. Additionally, there shall be a representative of the school district appointed by the school board as a nonvoting member. Initial appointment of members of the Board shall be for the following respective terms: four (4) regular members and one (1) alternate for two (2) years; three (3) regular members and one (1) alternate for one (1) year; thereafter, all appointments shall be for a term of two (2) years. (b) Members of the board shall be residents of the City of Palm Beach Gardens, and shall be chosen from the following professions as outlined below: (1) At least one of the following disciplines: Architects Landscape Architects Planners 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: May 4,2004 Ordinance 17, 2004 (2) At least one of the following disciplines: Attorneys Engineers Real Estate Professionals Environmental Professionals Land Surveyors (3) At least one of the following: One resident at large Sec. 2-1 49. Meetings. Meetings shall be at the call of the chairperson, provided the board shall convene no less often than once every two (2) months. SECTION 5. All references throughout the Code of Ordinances to the following terms shall be modified as follows: Art in Public Places Advisow Board I Community Aesthetics Board .. . Planning, Zoning, and Appeals Board Planning, Zoninq. and Appeals Board SECTION 6. Codification. Codification of this Ordinance is hereby authorized and directed. SECTION 7. Effective Date and Transitional Provisions. Except as specified herein, this Ordinance shall be effective immediately upon adoption. The effective date of Sections 2-108, 2-1 18, 2-128, 2-138, and 2-148 shall be October 1, 2004. Members of all boards and committees serving as of the date of adoption of this Ordinance shall continue as members until October 1, 2004, at which time the terms of all members of all boards and committees shall cease. 14 Date Prepared: May 4, 2004 Ordinance 17, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED this day of , 2004, upon first reading. PASSED AND ADOPTED this day of ,2004, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor David Clark, Councilmember Annie Marie Delgado, Councilmember David Levy, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl ClE NCY AGAINST ABSENT BY: Christine P. Tatum, City Attorney \\pbgsfile\Attorney\attorney_share\ORDlNANCES\boards and commissions - ord 17 2004 clean.doc 15 Date Prepared: May 6, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 120,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA CREATING THE EDUCATION ADVISORY COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council may, by resolution, create a committee whose purpose is to advise the City Council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist; and WHEREAS, Section 2-83, Code of Ordinances, further provides that the resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof; and WHEREAS, the City Council has deemed it to be in the best interest and public welfare of the citizens of the City of Palm Beach Gardens to establish an Education Advisory Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Creation. There is hereby created the Education Advisory Committee. This Committee is created for a period of one (1) year from the effective date of this Resolution and shall stand dissolved on that date unless reviewed and extended by Resolution of the City Council. SECTION 3. Purpose. The primary purpose of the Education Advisory Committee is to promote quality public education for youth and adults through advocacy, support, and discussion of issues facing local educational entities. Advisory only in nature, this committee provides a communication link between City Council and Citizens on matters that face public education, school development, and student achievement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. Powers and Duties. The Committee shall have the following powers and duties: (1) Investigate and report on matters directed to the Committee by City Council. (2) Encourage broad-based citizen participation concerning public educational services within the City limits. (3) Establish annual awards programs on behalf of the City Council, recognizing outstanding students, teachers, and community leaders. (4) Support the development of educational resources within the community, including adult education and lifelong learning. (5) Provide an annual report to the Council on the status of education within the community . (6)Host an annual educational forum where citizens can interact and discuss issues, hopes, and concerns with local educational entities. (7) Encourage information exchange during Committee meetings to facilitate the exchange of knowledge about individual school operations. (8) Develop recommendations for the City Council regarding suggested actions to be taken to affect the quality of local schools or to support issues related to educational legislation. SECTION 5. MEMBERSHIP. (a) The committee shall consist of seven (7) regular members and two (2) alternates. All members shall be appointed for a term of one year. (b) Members of the committee shall have served in a volunteer or paid capacity with an educational entity for minimum of one year. Appointments shall be made by the city council based on experience and interest and shall, whenever possible, include: (l)A person currently employed as a youth educator. (2) A person currently employed as an adult educator. (3) A person the business community within the City. Date Prepared: May 6,2004 Resolution 120,2004 1 SECTION 6. MEETINGS. 2 3 Meetings shall be at the call of the chairperson, provided the committee shall 4 convene no less often than eight (8) times per year. 5 6 SECTION 7. This Resolution shall become effective immediately upon adoption. 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: 19 20 PASSED AND ADOPTED this day of , 2004. CITY OF PALM BEACH GARDENS, FLORIDA PV. VI. Eric Jablin, Mayor 21 BY: 22 Patricia Snider, City Clerk APPROVED AS TO FORM AND 23 24 25 26 LEGAL SUFFICIENCY 27 28 29 BY: 30 Christine P. Tatum, City Attorney 31 32 33 VOTE: 34 35 MAYOR JABLIN 36 37 VICE MAYOR RUSSO 38 39 COUNCILMEMBERCLARK 41 COUNCILMEMBERDELGADO 42 43 COUNCILMEMBERLEVY 44 40 -- AYE NAY ABSENT 45 46 47 48 \\pbgsfile\Attorney\attorney_share\RESOLUTlONS\EDUCATlON ADVISORY COMMITTEE.doc 3 Date Prepared: May 6,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 121,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA CREATING THE BUDGET OVERSIGHT COMMITTEE; PROVIDING A PURPOSE, POWERS AND DUTIES, MEMBERSHIP, AND MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-83, Code of Ordinances, provides that the City Council may, by resolution, create a committee whose purpose is to advise the City Council on an item of a special nature and whose creation is for a stated period of time, at the end of which time the committee will no longer exist; and WHEREAS, Section 2-83, Code of Ordinances, further provides that the resolution creating such committee shall specify the purpose, powers, and duties of the committee, and shall specify the number, qualifications, and terms of office of the members thereof; and WHEREAS, the City Council has deemed it to be in the best interest and public welfare of the citizens of the City of Palm Beach Gardens to establish a Budget Oversight Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Creation. There is hereby created the Budget Oversight Committee. This Committee is created for a period of two (2) years from the effective date of this Resolution, but shall only meet as provided in Section 6 herein. The Committee shall stand dissolved on that date unless reviewed and extended by Resolution of the City Council. SECTION 3. Purpose. The purpose of the Budget Oversight Committee is to provide citizen input for the budget process. SECTION 4. Powers and Duties. The committee shall have the following powers and duties: Date Prepared: May 6, 2004 Resolution 121. 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (1) Review the proposed operating and capital improvements budget as prepared by staff. (2) Request information from staff in order to analyze the proposed operating and capital improvement budget. (3) Review the recommended spending plan for compliance with current adopted financial policies, i.e. , fund balance levels, debt service coverage, etc. (4)Make a recommendation to Council during the budget adoption process to approve the proposed operating and capital improvement budget, as submitted. SECTION 5. MEMBERSHIP. (a)The committee shall consist of three (3) regular members. All shall be for a term of two (2) years. (b) Members of the committee shall: 1. 2. Be either a resident of the City of Palm Beach Gardens, and/or operator of a business within the City. appointments or the owner Possess considerable experience in a financial related discipline, such as banking, finance/accounting, managemenVmanagement consulting, or be a small business owner. SECTION 6. MEETINGS. Meetings shall be at the call of the chair, provided the committee shall convene no less often than twice during the budget preparation cycle (June - September). SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 6,2004 Resolution 121, 2004 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBERCLARK COUNCILMEMBER DELGADO COUNCILMEMBERLEVY AYE NAY ABSENT --- --- --- --- --- \\pbgsfile\Attorney\attorney-share\RESOLUTIONS\budget oversight committee - reso 121 2004.d~ 3 I' I," a CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Date Prepared: May 7,2004 Meeting Date: June 3,2004 Resolution 61,2004 SUBJECT/AGENDA ITEM Resolution 61,2004: Blood Bank (Banyan Tree PUD Phase I) - Art in Public Places Consideration of Approval: A request by Stephen S. Mathison, Esq., on behalf of South Florida Blood Banks, Inc., for approval of the proposed art in public places for the Blood Bank office building located on Phase I of the Banyan Tree Planned Unit Development (PUD). The Banyan Tree PUD is located on both the northwest and northeast corners of MacArthur and Northlake Boulevards. [XI Recommendation to APPROVE with conditions [ ] Recommendation to DENY Reviewed by: Planning & Zoning Div' 'on Director2 Tala1 M. Benothman, AICP I City Attorney Christine Tatu * Finance N/A Development Compliance AICP Charles K. Wu, AICP Approved By: 1 [ ] Quasi - Judicial [ ] Legislative [ ] Public Hearing Advertised: [ 3 Required [XI Not Required Parties: [ ]Notified [XI Not Required FINANCE: N/A Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other- Budget Acc t.#: NIA City Council Action: [ ]Approved [ ] App. wl conditions [ ] Denied [ ] Rec. approval [ 3 Rec. app. wl conds. [ ] Rec. Denial [ ] Continued to: Attachments: Art Cost Breakdown ArtistResume Proposed& Site Plan Resolution 61,2004 Date Prepared: May 7,2004 Meeting Date: June 3,2004 Resolution 61,2004 EXECUTIVE SUMMARY The subject petition involves a request to install three (3) bronze sculptures of children playing instruments along Northlake Boulevard within the Blood Bank property (Banyan Tree PUD - Phase I) in order to satisfy the Art in Public Places requirement for the Blood Bank site. At its March 18, 2004 meeting, the City Council reviewed the subject petition. At the time, the applicant had proposed to install the three (3) sculptures at the Southwestern-most corner of the site atop a 2 %- foot-tall berm. The City Council expressed concern that the sculptures would not be easily seen by the passerby and asked the applicant to work with staff to come up with a solution to address this concern. The City Council suggested that a possible solution would be to raise the sculptures atop a berm of a height greater than 2 % feet. Subsequent to the meeting, staff visited the site in hopes of finding a solution to address the City Council’s concerns. Upon visual inspection of the site, it was staffs professional opinion that raising the height of the berm would place the sculptures above the existing landscaping to the north (behind) of the previously proposed location resulting in the sculptures not have anything behind them to act as a “backdrop” except for a parking lot. For this reason, staff suggested that the applicant move the sculptures approximately 75 feet to the east directly adjacent to the meandering sidewalk along Northlake Boulevard. It is staffs opinion that the new location (1) provides interaction between passing pedestrians and the proposed sculptures; (2) provides more of a “backdrop” for the sculptures at this location due to the amount of existing landscaping to the north (behind) of the sculptures; and (3) provides for enhanced visibility of the sculptures by the passerby. The applicant has also added a park bench behind the sculptures to further promote pedestrian interaction at the proposed location. In general, it is staffs opinion that the human scale of the sculptures is more conducive for pedestrian interaction than for motorists. BACKGROUND The Banyan Tree PUD was approved by the City Council on February 21, 2002, through the adoption of Ordinance 41, 2001. The approval included site plan approval for Phase I of the PUD consisting of a 40,900 square foot Blood Bank office building. On September 18, 2003, the City Council approved an amendment to Phases I and I1 of the PUD through the adoption of Ordinance 17,2003 allowing for minor modifications to the approved site plan. Condition No. 10 of Ordinance 17, 2003 required the applicant to install the required art in public places on site, or provide payment in lieu thereof, prior to January 18, 2004. To this date, neither the art nor the payment in lieu thereof has been provided by the applicant. On January 27,2004, the City issued a Notice of Violation to the Blood Bank for failure to comply with said development order condition of approval. Pursuant to Section 78-262 of the Land Development Regulations, entitled Fee imposed on development, all budgets for new construction of private and public developments shall include 1% of the total budget as a fee for art in public places. The subject fee shall be used by the developer for the provision of artwork on the project site, or the developer may choose to contribute 1% of the total building construction costs directly to the City for inclusion in the City’s art account. The vertical construction cost for the Blood Bank is estimated at $3,800,000. Under the provisions 2 Date Prepared: May 7,2004 Meeting Date: June 3,2004 Resolution 61,2004 of the Art in Public Places Ordinance, the petitioner is required to pay $38,000 (1% of the total construction cost) for art for the project. The applicant has indicated that the cost of the proposed sculptures will be $41,162.10 (please see attachment). ART IN PUBLIC PLACES The applicant is proposing three (3) bronze structures of children playing makeshift band instruments. The sculptures will be located along Northlake Boulevard, approximately 40 feet from the edge of pavement within the Blood Bank’s landscape buffer (please see attached site plan and details). The sculptures will be lit at night. ART ADVISORY COMMITTEE On February 2, 2004, the Art Advisory Committee reviewed the proposed art for the Blood Bank and recommended approval (4-0). STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 61,2004, subject to the conditions listed therein. 3 STEPHEN S. MATHISON, P.A. ATTORNEYS AT LAW STEPHEN S. MATHISON, P. A. Of Counsel Frederic T. DeHon, Jr., P.A. 5606 PGA Boulevard, Suite 21 1 Palm Beach Gardens, Florida 33418 Phone: 561-624-2001 FAX: 561-624-0036 January 30,2004 VIA HAND DELIVERY Mr. Michael J. Sanchez Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 334 10 Re: South Florida Blood Banks, Inc. Art In Public Places Petition Our File Number 4144 Dear Mike: In connection with the above-referenced Art In Public Places Petition, I am attaching a breakdown of costs for your use in presentation of the application to the Art In Public Places Committee. Art In Public Places Breakdown Project Construction Cost: $3,800,000.00 - 1% = $38,000.00 costs: Artwork $27,770.00 Art Consultant $ 2,500.00 Installation $ 8,350.00 Architectural Fees $ 2,542.10 Total AIPP Costs: $41,162.10 I am also enclosing nine (9) architectural drawings for the South Florida Blood B the placement of the artwork and nine (9) Illustrator's Conceptions of the statues i Mr. Michael J. Sanchez Page 2 January 30,2004 If there is any other additional information that I can provide which would assist you, please let me know. I will plan on attending the meeting next Monday evening. Stephen S. Mathison SSMIpcw Enclosure STEPHEN S. MATHISON, P.A. Jane Rankin PO Box 1297 19335 Greenwood Drive Monument, CO 80132 I BILLTO I South Florida Blood Bank c/o Trish Lowry Executive Vice PresiddCOO 3451 Northlake Blvd. Lake Park, FL 33403 Invoice 1/30/2004 2003-2 1 I SHIPTO South Florida Blood Bank c/o Trish Lowry Executive Vice PresiddCOO 3451 Northlake Blvd. Lake Park, FL 33403 P.O.NUMBER 1 TERMS 1 REP 1 SHIP I VIA 1 F.O.B. I PROJECT QUANTITY 1 1 ITEM CODE 'arade hipping Ihank you for your business. I 2/11/2004 I DESCRIPTION Join the Parade', three bronze sculphnes of children plapg nakeshifi band instruments~ Sunni, Rally and Boomer Shipping and handling PRICE EACH 27,000.00 770.00 AMOUNT 27,000.00 770.00 rage 1 of 1 From. Gordon Rankin To. Trish Lowry Date. 1/30/2MH lime: 10:05:16 AM , *I $27,770.00 WILDLIFE & NATURE FINE ART 15695 76 TRAIL NORTH *PALM BEACH GARDENS, F'LORJDA 33418 * (561) 743-3100 FAX (561) 744-7122 e-mail: nat,~irarl~hctUsouth.net. January 12,2004 Mr. John Flynn, CEO South Florida Blood Banks 3451 Northlake Blvd. Palm Beach Gardens, FL 33410 Re: Outdoor Sculpture - Art in Public Places New Administrative Facility - Palm Beach Gardens, FL Invoice #ZOO 1 - 1 1 ~NVOICE FOR CONSULTING SERVICE PER OUR DISCUSSIONS, OUR CONSULTING FEE FOR THE REQUIRED ART IN PUBLIC PLACES, FOR THE ABOVE REFERENCED PROJECT, INCLUDING RESEARCH, INTERVIEWS WITH POTENTIAL ARTISTS AND PRESENTATION TO YOU AND YOUR STAFF: $5,000.00 Received on account ............................................................. ..$2,500.00 Balance due., ....................................................................... .$2.500.00 Total Amount Requested This Date $2,600.00 Dorrie K- Ornstein P. 02 561 790 3133 JAN-29-04 05:37 PM JOE W. SCHUESSLER I .' Plans dated 01/29/04 by ,reffrey 0rnstein.See attactled. l+abor and niatari,al 'to build and .place the "Art in Public P1at::es" This donsnot include the actual art work. MVMW WY se AVMUOU! FROM TIIF CON~U~ON SHOUnWES ReCOMRV FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER COMRACT, WHERE WE LOSS RESULTS FROM SPECIFIED WOIAllON$. ,OF FLORIDA Uw BY A STATE-UCENSEO COMTRACTOR. FOR lNFC)RMAflON AWUT THE RECOVERY WND AND FlLlNG A CLUM,.CONfACT WE FLORIOA CONSfRUCnON INDUSTRY LICENSING BOARD AT THE WUWING tELEfflONI HUMbER AND ADDRth;S: ConrCruoCion'fndurtry tioanring Board 7960 Arlington tnprm&mua Suit. 300 ~w~ko~nvilLa jrlorids 32214 -7467 Phonr; (904 I 727-6530 ARCHITECT Fh Rre. No. AA(XXIXI:? 15695 76 TRAIL NORTH * PALM BEACH GARDENS, FLORIDA 33418 (561) 745-2205 FAX (561) 744-7122 N.Y. Rrc. No. 19232 N. .I. Her. No. i 133'2 N,(*. Rcc. No. 7;,.?14 JEFFREY A. ORNSTEIN, P. A. e-mail: jefforn@bellsouth.net JANUARY 26,2004 MR. JOHN mYNN PRESIDENT PALM BEACH BLOOD BANK 345 1 NORTHLAKE BOULEVARD PALM BEACH GARDENS, FLORIDA 33410 RE: BLOOD BANK PROJECT: PALM BEACH GARDENS ART-IN-PUBLIC PLACES WOICE: 9811 OR PROlFlESSIONAL SERVICES RENDERE ARCHITECTURAL FEE FOR PREPARATION OF CONSTRUCTION DOCUMENTS, ORIGINAL PLUS TWO COMPLETE REVISIONS, FOR SUBMISSION TO THE CITY OF PALM BEACH GARDENS ART-IN-PUBLIC PLACES COMMTITEE. DESIGN FEE: $2,500.00 REIMBURSABLES: PRINTING COSTS: $ 42.10 TOTAL FEES DUE THIS DATE s 27542.10 I RESPECTFWLLY SUBMITTED, JEFFREY A. ORNSTEIN, ACT CC: STEVE MATHISON, ESQ. I- * -- i I . # f 4 L: # Frrb' 18 04 04:21p Jeff Ornstein,P.A. 561-744-7122 P* 1 W , FC+’L.B 04 04:22p ~cff ornstein,P.R. 561-744-7122 P. 3 Fe$'.l8 04 04:22p Jeff Ornstein,P.A. 561-744-7122 P. 4 Sculpture in the South - Jane Rankin Page 1 of 1 HOME lhir Year', Exhibit rg Stulplarr PaIt frh hit!ng Stulp!orr Srulplor Applicnlian 9 Hap & iheclions 71ric: infa Lir Our Yirrion * Ahcul Iumncrvillr Fedoding Oororr hcndi ef SrJlFturr in Ihc Saul5 Fxpericrcc Publir Srulplilre i.mc L Jane Rankin - Monument, CO A natlve of Oklahoma, where her ancestors settled before statehood, Jane Rankin has had the good fortune to travel across the country and across U Atlantic, pmvldlng her the opportunity to view the classical sculpture of andent Greece. Although she had dabbled in art most of her lie and appteciated the thraedhensional form, her personal encounters with ther ancient depletions stirred an increased interest in thls art form, and solldiflr her resolve to make the creation of sculpture her ralson #&be. She and her family now make Monument, Colorado their home, giving her excellent location to study with excellent sculptors at the Fechln Institute in Taos, New Mexico, the ScotMale Artlst School in Ariuona. and the Lovela Academy of Fine Art In Loveland, Colorado. She creates sculpture with which people can identify, that also can be a catalyst for reflection and the awakening of fond memories. "I believe that I need beauty in our lives for emotional and social well-being," Rankin stater "My goal Is to create work with sensitivity and skill, which has beauty of workmanship, clarity of expression, and integrity of deslgn." There are mar who emphatically believe she has done just that, as her awards, public sculpture and commissions will attest. Her works have been exhibited at Mo_ntma's C. M. RusselLMuseum. the Colorado Historv Museum, and for ten years. at the Loveland SculDture lnvb na he's received sculpture awards in New York. Arizona and &fd "Join the Parade," her sculpture of six children creating thei own wonderful parade, has been selected for public installation in Calirni Nebraska, Colorado and North Carollna. 2/2/04 .. .. . .. .. .. . .. .. .. . .. .. ... '., .. :t ' 0 .. .. .. .... - :.: ...; ' : ,... .. . :. . i ... ........ - -r ::- ....... ...-~. .1. .......... ... _- ........ ____. .." .. ............ -' -._ ..... -- . -. -- .., .. ..-- ......... '\ ...... ................ -_ .... 1.. '-, '\ '. .... . . -. . ... x::.. '- ................. " _. - --- ~. .<.,. .- . ... T \ \\ \ 1 I I / I' I I \\ a I if! I I I' I I \ ,*--. ' :. Q e f I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 13,2004 RESOLUTION 61,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES FOR THE BLOOD BANK OFFICE BUILDING LOCATED ON PHASE I OF THE BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 21, 2002, the City Council approved Ordinance 41, 2001 , thereby approving the development order for the Banyan Tree Planned Unit Development (PUD), as well as the site plan for Phase I of the PUD consisting of a 40,900 square foot Blood Bank office building; and WHEREAS, the City of Palm Beach Gardens has received an application (MISC- 03-17) from Stephen S. Mathison, Esq., on behalf of South Florida Blood Banks, Inc., for approval of the proposed art in public places for the Blood Bank; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, on February 2, 2004, the Art Advisory Committee reviewed the proposed art for the Blood Bank and recommended approval (4-0) to the City Council; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The art in public places application for the following described property is hereby approved: Date Prepared: February 13,2004 Resolution 61,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LEGAL DESCRIPTION: PARCEL 12.05 A PARCEL OF LAND SITUATE IN SECTION 18, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER (SE %) OF SAID SECTION 18, LYING FORMERLY GARDENS BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 1332, PAGE 6 AND OFFICIAL RECORDS BOOK 6738, PAGE 43; LYING SOUTHERLY OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 6356 AT PAGE 1768; AND LYING WESTERLY OF THE WEST RIGHT-OF-WAY LINE OF MACARTHUR BOULEVARD, NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF NORTHLAKE BOULEVARD. SECTION 3. Said approval shall be consistent with the following plans on file with the City's Growth Management Department: 1. Sheet aip 1: Site Plan, prepared by Jeffrey A. Ornstein, P.A., dated January 28, 2004, last revised on May 3, 2004, and received and stamped by the City on May 4,2004. 2. Sheet aip 2: Details, prepared by Jeffrey A. Ornstein, P.A., dated January 28, 2004, last revised on May 3, 2004, and received and stamped by the City on May 4,2004. SECTION 4. Said approval shall be subject to the following conditions which shall be binding on the applicant, its successors, and assigns: 1. The applicant shall be responsible for maintenance of the approved art in public places. (Art Advisory Committee) 2. The applicant shall provide an unobstructed view from the adjacent rights-of- way of the art in public places at all times on the subject site. (Art Advisory Com m ittee) SECTION 5. This approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agent(s) at any workshop or public hearing. SECTION 6. This Resolution shall become effective immediately upon adoption. 2 Date Prepared: February 13,2004 Resolution 61, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2004. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Mayor Jablin BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR JABLl N VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY AYE NAY ABSENT \\pbgsfileVlttorney\attorney_share\RESOLUTlONS\art in public places for blood bank office bldg - reso 61 2004.doc 3 City of Palm Beach Gardens Council Agenda June 03,2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 'Council Member Clark 4ayor Jablin *ice Mayor Russo Council Mem er Delgado Council Member Levy Cfwa8L 'I: I3 P I/ I. 11. 111. ‘ IV. *V. ’VI. ’VII. VIII. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 03,2004 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: a. b. ,jPage 7) Citizen Mobil Patrol Program. ,fPazre 18) Relay for Life Award. ITEMS OF RESIDENT INTEREST: CITY MANAGER REPORT: COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) CONSENT AGENDA: a. 4IYage 2 1) Resolution 110, 2004 - Financial Assistance Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a financial assistance agreement with Palm Beach County for median beautification along Northlake Boulevard and Military Trail as part of the “Only Trees, Irrigation, and Sod” (OTIS) program; and providing an effective date. b. J lPage 39) Resolution 1 1 1, 2004 - Financial Assistance Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a financial assistance agreement with Palm Beach County for median beautification on Military Trail as part of the Keep Palm Beach County Beautiful Grant Program; and proving an effective date. c. ,/lPage 55) Resolution 112, 2004 - Joint Participating Agreement and Memorandum of Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a Joint Participation Agreement and Maintenance Memorandum of Agreement with the Florida Department of Transportation for median beautification on Military Trail as part of the Keep Palm Beach County Beautiful Grant Program; and providing an effective date. d. ,/{Page 78) Resolution 113, 2004 - Easement Deed in favor of Seacoast Utility Authority. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an Easement in favor of Seacoast Utility Authority for the installation, operation, maintenance, and service of water and sewer lines and appurtenant facilities in, on, over, under, and across the Easement premises; authorizing the Mayor and City Clerk to execute said Easement; and providing an effective date. e. JiPage 87) Resolution 127, 2004. Opposing El Paso Seafarer Natural Gas Transmission Pipeline. A Resolution of the City Council of the city of Palm Beach Gardens, Florida opposing the construction of the El Paso Seafarer natural b\rc dp gd\\ dr- w gas transmission pipeline; and providing an effective date. v- 1 - fb3( &) flafd c-0 f. lPage 93) Proclamation - World War I1 Veterans Recognition Day. IX. PUBLIC HEARINGS: a. JjPage 94) Ordinance 16, 2004 - Weiss School Renovations. (lst reading)& - Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of land consisting of 7.76 acres, more or less, located on the South side of Burns Road, approximately one-half mile East of Military Trail, as described more particularly herein, fiom Research & Light Industrial Park (M-1) to Planned Unit Development (PUD) overlay with an underlying zoning of Research & light Industrial Park (M-1) to be known as the Weiss School PUD; proving for revisions to the zoning district map; and providing an effective date. S- Resolution 108, 2004 is a companion Item to Ordinance 16 and will require Council action at second reading. JResolution 108, 2004 - Weiss School Renovations. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the development plan petition of the Nexus Design Group, agent for Weiss School Inc., for the 7.76 acre properly located on the South side of Burns Road, approximately one-half mile East of Military Trail, as described more particularly herein, to allow for renovations to the existing school site and the conversion of 25, 995 square feet of office use to school use; granting conditional use approval for a private school; providing for waivers; providing for conditions of approval; and providing an effective date. C. YjPage 163) Resolution 109, 2004 - Frenchman’s Creek Side Setback Waiver. A Resolution Gf the City Council of the City of Palm Beach Gardens, Florix approving a waiver from City Code Section 78- 141, Residential Zoning Districts, to allow for the expansion or construction of patiohilla units to extend to the side property line abutting non-residential property within the Frenchman’s Creek Planned Community Development CD); and providing an effective date. @ //Page 171) Ordinance 23, 2004 - relating to the zoning for the Donald Ross Village PUD (1 st reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida amending Ordinance 53, 2002 relating to the zoning for the Donald Ross Village Planned Unit Development (PUD) to transfer and amend the conditional use approval, site plan approval, and related conditions through a separate resolution; and providing an effective date. Resolution 125, 2004 and Resolution 115, 2004 are companion items to Ordinance 23 and will require Council action at second reading. ’ Resolution 125,2004 - Amendment to the development plans for the Donald Ross Village PUD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the development plans for the Donald Ross Village Planned Unit Development (PUD) generally bounded by Donald Ross road to the north, Central Boulevard to the west, and Military Trail to the east, as more particularly described herein; providing for additional waivers; providing for an amended to conditions of approval; and providing an effective date. ’Resolution 11 5, 2004 - Donald Ross Village PUD - approval of site preserve. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a request by Donald Ross / Military, L.C., for a upland preserve set aside for Donald Ross Village Planned Unit Development (A.K.A. Parcels 4.02 and 4.04) to be located on a 3.09-acre site on the Bee Line Highway, approximately 1.25 miles North of PGA Boulevard; as more particularly described herein, providing for conditions of approval; and providing an effective date. f PART I1 - NON-QUASI a. {Page 337) Ordin- 17, 7.00 4. (2nd reading) Boards, Committees and Commissions. An Ordinance of the Citv Council of the City of Palm Beach Gardens, Florida relating to Boards and Committees; repealing Article I11 of Chapter 2, Code of Ordinances entitled “Boards, Committees and Commissions” in its entirety; repealing Article I1 of Chapter 46, entitled “Parks And Recreation Advisory Board” in its entirety; repealing Sections 78-22 And 78-23, Code of Ordinances entitled “Planning and Zoning Commission” and “Board of Zoning Appeals,” respectively, in their entirety; repealing Subsections 78- 26 1 (C)( 1) & (3) and Subsections 78-262(E)(l) & (2) in their entirety; renumbering Sections 2- 172, 2-173 and 2-174 collectively, Code of Ordinances to be Section 78-56, Code of Ordinances to be entitled “Administrative Appeals”; Creating a New Chapter to be entitled “Boards and Committees’’ to establish general policies and procedures for Boards and Committees; creating the Art in Public Places Advisory Board; Creating the Community Aesthetics Board; Creating the Economic Development Advisory Board; Creating the Parks and Recreation Advisory Board; creating the Planning, Zoning, and Appeals Board; providing a purpose, powers and duties, membership, and meetings for such boards; modifying certain references throughout the Code of Ordinances; providing for Codification; and providing an effective date. S40 Resolution 120,2004 and Resolution 121,2004 are companion items to Ordinance 17,2004 and will require Council action. JResolution 120, 2004 - Education Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida creating the Education Advisory Committee; providing a purpose, powers and duties, membership, and meeting; and providing an effective date. fdd 5-4 /Resolution 121, 2004 -Budget Oversight Committee. A Resolution of the City Council of the City of Palm Beach Gardens, Florida creating the Budget Oversight Committee; providing a purpose, powers and duties, membership, and meetings; and providing an effective date. CkreCyQ 54 X. RESOLUTIONS: a. ,/jPage 370) Resolution 61, 2004 - South Florida Blood Bank AIPP (Art in Public Places). A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the art in public places for the Blood Bank office building located on Phase I of the Banyan Tree Planned Unit Development (PUD), as more particularly described herein; providing for conditions of approval; and providing an effective date. @sJ- 5-0 XI. ORDINANCES: (For Consideration on First Reading) XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk’s Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8770 (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 NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the ‘‘Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: /3 pcdhldc f?& Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council b Please Print Name: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Resolution 115, 2004 - .. Jun 02 04 02:40p Bernie Polselli 561-868-6377 P. 1 June 1,2004 Mr. Brad Wiseman City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 3 34 10 Dear Mr. Wiseman: It is our understanding that at its June 3'* meeting the City Counsel will consider the request for a waiver regarding the side setback requirements for residential properties in Frenchman's Creek to allow for the expansion or construction of residential units to extend to the property line provided that the subject property is designated as a Patio or Villa unit, and that it does not abut another residential property. Please be advised that Frenchman's Creek Property Owners' Association supports this waiver . Bernard F. Polselli ' Director of Administration FRENCHMAN'S CREEK Schaefer .F6~an (& Cooper ENGINEERS INC. May 28,2004 Mr. Ron Ferris City Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Tech Village Partners I1 Dear Mr. Ferris: This firm, as agent on behalf of Tech Village Partners 11, LLC (“Tech”), has revised and deleted certain portions of the DIU application of the Northern Vavrus Property, including changes to the responses to Questions 10, 12 and 13 based on a recommended ecological corridor and removal of Exhibit “H-1”. This information has been prepared with the consent of the Economic Development Research Institute, Inc. (“EDRI”), but has not been reviewed by or in any way consented to by Mr. Charles Vavrus (“Vavrus”). This information is being provided on behalf of Tech, with EDRI’s approval, but not by Vavrus. Should you have any questions, please do not hesitate to call. /7 Sincerely , INC. President cc: Natalie Wong techvillage/DRlinforationinsertO52804 4152 W. Blue Heron Blvd. Suite 128 Riviera Beach, FL 33404-4859 Tel: (561) 848-7223 Facsimile: (561) 842-9855 TECH VILLAGE PARTNERS I1 ECOLOGICAL CORRIDOR RECOMMENDATION Introduction - Current DIU environmental analysis for the Vavrus property includes ecological corridor recommendations. These analyses covered an area of approximately 2,000 acres, despite the fact that there may only be 1,700 acres currently available, which eliminates the southernmost 300 +/- acres in the DRI analysis. That analysis recommended two ecological corridors, each of which run in an east to west direction across the Vavrus property. In order to evaluate the site conditions in support of due diligence evaluation on behalf of Tech Village Partners II, EW Consultants, Inc. has conducted field reconnaissance on the 1,700 acres for which there was property owner/representative permission. We have analyzed the wetlands observed during reconnaissance in accordance with WRAP and noted observations of current habitat conditions of the uplands. The purpose of this analysis was to develop a due diligence level evaluation of potential mitigation bank costs and evaluate the potential for alternative ecological comdor recommendations. Site Conditions - Although time constraints have limited the potential for field reconnaissance on the site, sufficient field evaluation along with information developed by the DRI consultants and published sources allow for enough overview to develop recommendations for broad ecological features such as corridor connections. In general, the northern 225 +/- acres (1 5%) of the site consists of former pine flatwoodddepressional wetland mosaic habitat that has had the timber harvested Erom it. It is in the early stages of recovery to a pine flatwoods habitat. The remainder of the site is likewise former pine flatwooddisolated wetland mosaic habitat that has been cleared, ditched, and drained for various levels of agricultural intensity fiom row crops to improved pasture. In the central area of the property (60% +/-), there is little if any sign of recovery to native upland habitat, despite the lack of normal agricultural maintenance. The southern 25% +/- of the site has a generally larger shrub level re-growth dominated by wax myrtle. There was little if any recruitment of typical pine flatwoods species (slash pine, saw palmetto, gallberry, wiregrass, etc.) but rather transitional grasses such as andropogon along with ruderal species. The ecological conditions in the wetlands are generally good in the northern 225 acres, poor in the central portion of the site, and generally good in the southern 25 % of the site. Ecolopical Corridor Recommendation - There are several factors that are important in considering ecological corridor location(s) for the Vavrus property. First, the recommendation for the northern ecological corridor is clearly appropriate in that it is the most natural area within the 1,700 acres, and provides a connection between the significant publicly ownedkontrolled natural areas of Unit 1 UHungryland Slough and the Sweetbay Preserve. With the provision of an east west running ecological corridor in the north, the provision of a second east west corridor seems less appropriate. The following reasons are provided as to why this approach would not be recommended. 0 Redundancy - A second ecological connection in the east west direction would be “repeating” the knctions already addressed by the northern ecological corridor. Its western terminus is in proposed Scripps development area and much of its eastern terminus connects to the southeastern portion of the Vavrus property which has been similarly cleared and improved for agriculture. As such it has lower ecological fbnction at the current time and is most likely to be developed under fbture development scenarios. Upland Habitat - As discussed above, there is little if any native upland habitat found on the site outside the northern ecological corridor. As a result, a corridor in this location would have significantly reduced wildlife fbnction and habitat value. 0 Available Property - The second east west ecological corridor as shown on current figures includes a significant portion of property that is apparently not covered by the real estate purchase contract. As such, designation of a corridor in that location may be beyond the capability of the proposed project. For these reasons, we do not recommend an additional east west corridor. Rather, a north south running corridor is recommended for the following reasons. 0 Diversity - This corridor location adds a new and more diverse set of ecological functions to the currently conceived northern corridor. It would create a contiguous connection to the Hungryland SlougWnit 11 natural area for resources to the south. Although its current terminus is agricultural fields there are significant natural areas to the south that would be pre-disposed to connection. 0 Upland Habitat - This general area of the recommended north south corridor contains the only other areas of native pine flatwoods on the site. In addition, much of the transitional upland habitat along the western boundary of the Vavrus property is showing some signs of recruitment of normal pine flatwoods habitat, although intensive management would be necessary to assist the transition. 0 Available Property - This recommended ecological corridor does not rely on use of any property that is not currently under contract. As such, it can be provided as a contiguous comdor. 0 Resource Connections - The southwest portion of the Vavrus property is the least disturbed and most natural portion of the overall parcel. Although there are varying degrees of exotic vegetation invasion, it has the most intact native systems, both upland and wetland on the property. Creation of the recommended north south ecological corridor provides a long term opportunity for connection of these habitats with the existing protected natural areas adjacent to the Vavrus property- In summary, the “southern” east west corridor shown on current plans should be replaced with a north south corridor (conceptual drawing attached) to increase ecological diversity and finction and facilitate logical long term ecological corridor provision. . I I TECH VlLLAGE WRAP SUMMARY I WETLAND lCRlTERlON SCORE AND NOTES L 24 1.5 2 2 2 1 1 1.0 057 1662 IMPACT 10.83 - 25 I 1.5 2 1.5 'I 1 1 1.0 047 0.87 IMPACT 047 NOTE25 NOTE2 NOTE17 NOTE10 NOTE23 NOTE19 -____ I 1 NOEM ]NOTE161 NOTE17 1 NOTE7 I NOTE23 I NOTE19 I I I I 1 ! ! I I ______~~~~~- 26 2 2 3 2.5 3 3 3.0 0.83 2.05 IMPACT 1.96 NOTE8 NOTE2 NOTE11 NOTE12 NOTE5 NOTE6 I I I IMPACT I 017 I I I I I I I I I I I I I I I I 1 NOTE25 I NOTE2 I NOTE17 I NOTE10 1 NOTE23 1 NOTE19 I I I I I I I - 65' I 15 I 21 21 2 111 1 1101 0.57 I 706 I IMPACT 1 460 I I I I I I I II I I I 1 1 I I1 I I I I 66' 1 1.5 I 21 21 2 111 1 11 01 0.57 I 4.95 I IMPACT I 3.23 I I I NOTE25 1 NOTE2 I NOTE17 I NOTE10 1 NOTE23 I NOTE19 I 1 I I I I I I I I I I I 11 1 I1 I 1 I I I 11 1 110) 057 I 1.85 I IMPACT I 121 I NOTE23 I NOTE19 1 I I I I I I I II I I I I I I II I I I I I 68' 1 0.5 I 11 21 1.5 I 11 1 I 1.0) 0.40 [ 4.75 I IMPACT I 219 I 1 NOTE33 I NOTE341 NOTE17 1 NOTE35 1 NOTE32 I NOTE19 1 I I 1 I 1 I 1 I I I I I I1 1 I 1 I I I I1 I 1 I I 69' 1 0.5 I 11 21 1.5 I 11 1 11.01 0.40 I 2.34 I IMPACT I 1.08 I I 1 NOTE33 I NOTE34 I NOTE 17 I NOTE35 1 I I I I I I I I I II I I I 1 I I i I I I I 70' I 0.5 1 11 21 1.5 I 11 1 11.01 0.40 I 3.72 I IMPACT I 1.71 1 I NOTE33 INoTE341 NOTE17 I NOTE35 1 NOTE32 1 NOTE19 I I I I i I ! I I I I1 I 1 NOTE1 ]NOTE16 NOTE17 NOTE7 NOTE18 NOTE19 I I I ~ 71 15 I 15 2 15 25 1 118 055 032 IMPACT OM I I I I I 1 72' I 1 I 1.5 I 21 1.5 1 11 1 11.01 0.47 I 1.12 I IMPACT I 0.60 I I NOTEM I NOTE161 NOTE17 I NOTE7 I NOTE23 1 NOTE19 I 1 I I I I I I I I I I II I I I I I I I 1. .-L -L DENOTES WETLANDE-OUTSIDE THE 1700 ACRES, SITE REPRESENTATIVE ASKED THAT THESE AREAS NOT BE-KJECT TO F!ELD REM?< SCORES BASED ON PATTERNS OBSERVED.-+SFHERE ON S!TE t I I I I I I 11 I I I I I may 26 04 04:03p EW CONSULTANTS 5612872988 05/26/2003 16:06 FAX 561 842 9855 SCHAEFER FAGAN The proposed single-family homes have bcen located in various designated areas on the site, located around key features on the sile including water bodies and environmental corridors. Educational The proposed Master Pian includes a site for an elementary school and a middle school. The 101al site area will be 35 acres, and wll be immediately adjacenl to a 13 acre park which wll include recreational facilities such a5 ball fields, soccer fields, and baskeiball courts The school site is proposed on the north side of the most northem eastlwest artma1 in the northwest comer of the sitc, outside of flight zone path which res63-s the location of educational facilities. Recreational Communiw and Civic Facilities llnsert main points from Jean’s answer.) Community and recreational opportUnities will be provided on the plan consistent with the Level of Service Standards established in the City’s Comprehensive Plan. Currently, a total amoun~ of 114 acres of perks and rencation are provided on the sire in different locations, which includes a range of park types. Recreational and communiry facilities will be provided on parks on lhe site, which will allow for ouldoor recrealiod apporlunilics such as tennis court facilities. swimming pools, bocce cowis, soccer fields, basketball courts, wafking/healrh trails. Additionally, a number of nalurt parks as an integral part of the environmental comdors, which will provide setting for marc natural park systems. Rmeotional opportunities such as bird watching, kayaking, hiking and other passive recreational uses will be provided in thcse specific parks. Pedestrian Systems and Linkapes The City of Palm Beach Gardens has been working with Pdm Beach County Environmental Resource Managemcnt to integrare lhe pedcstridnature rrail regional pathwny syswn being developed onlo thc subject site. IInclude &ad map] [ Eh~boralc] Envirunmental corridor atid Nvlural Arcas Two key corrrdorr have been maintained w&4e+&w -. Both ConidorSwiIl providc continuing connection with he Sweetbay Prcserve lo the east with thc I-?un&Tyland Slough and Unit 11 lands to he west. These areas, in turn, connect with the J.W. Corbel1 Wildhfe Managtment Area and Dupuis Reserve hrther to the west and Ihc Grassy Wafers P- 3 ,Ma3 26 04 04~04~ EW CONSULTflNTS 5612872988 SCHAEFER FACAN @I 07 05/2e/z004 ie:o6 FAX 561 842 0855 Praerve mnd Loxahatchee Slough further IO Ihc c3sI. Mosl of ihe highcsl quality wellands have been included within the pruposc- comdors, 3Uak which will benefit fish and wildlife, as well as thc post-developma)! community Upland and wetland cornmunitics will be preserved, enhanced, restored add managed within the corridor boundaries. These comdors will provide an opponunity lo prcserve and manege some ol'lhe highest quality na&d arcas remaining on site. .~ Water Manancrnenc/Lakes Wafer mmnrganenr lakes have been providcd to accommodate drainage from rhc project, consisting of I&& and dry retention areas. Thc lakes will also provide a strong aesthetic feature for ~e pwject, allowing for a number of creative design opportunities in addition to limi~cd water recreational activities. (Expmd). ! May 27 04 07:54a EW CONSULTflNTS 5612872988 iiimiediatc east of the primary cypress stand there xu-e two smaller pond cypress associations that bave somewhat higher natiiral system quality due to lesser drainage effects and there is very little exotic invasion. The cypress are small, but in apparent good health, and there is good recruitment of young cypress trees. The understory is predominantly sawgrass, in concei-t with other wetland plants such as southern swamp lily, buttonbush and some pond apples. - Freshwater Marsh (#641, 343.4 acres, 17.2%) The inajority of wetlands on-site have been classil’ied as freshwater inarshes. These systems are veiy similar to the followiiig category, wet prairies, but tend lo have a greater depth and duration of inundation, which tends to create a greater relative percentage of obligate wetland plant species. For the purlxxes of differentiating between the marsh and wet prailie classifications, marshes are those systems which appear to be inundated for greater than 180 days per year with one foot or more of depth at the ‘‘no1maI pool” stage level, and wet prairies arc those uncanopied wetlands with a shorter hydroperiod and Jess depth at normal pool. Emergent wetland plants characteristic of marsh wetlands include marsh St. John’s-wort, corkwood, sawgrass, beakrushes, pickerelweed, and mowhead. Some of the marshes have deeper pockets, which may be historic or existing gator holes, and these tend to have a discrete assemblage of broad-leaved hydrophytes, sucli as pickerelweed, arrowhead, spatterdock. fragrant water lily, and sometimes fire flag. Some of these systems have significant spike lush and maidencane components. The most common fetns are Virginian chain fcin and marsh fern, but royal fern maybe locally common and leather fern is rare. The transitional zones of the marshes frequently have a similar vegetative composition to the wet prairies because of the simiIar hydroperiod and stage level characteristics. There is a wide range of plants common to these areas that includes about haif of the over 100 hydrophytic species in the representative wetland plant list. beaktushes, bladdeiworts, flat sedges, hatpins, mermaid-weed, redroot, smartweed and yellow-eyed grasses. In inany cases the marsh interface with the sutrounding uplands is well defined by a saw palmetto periphery, and in others the upper transition zone merely blends into the surrounding shub and brush land, which is frequently dominated by wax myrtle shrubs. The site’s marshes are very productive habitat foi- fish and wildlife and they are the systems where all of the sandhill crane nests were located because of lheir hydioperiod and vegetation characteristics. Some of the most characteristic species include: Despite some drainage impacts to alinost dl maidies, the floristic composition of must systems is dive.rse high quality and indicative of good natural system habitat. Invasive colonization by such species such as cattail and primrose willow is relalively minor throughout the property. The largest basins and highest concentration of marshes occut in the southem one-third of the tract and along the southwestern portion of the site. These also tend to be the highest quality wetlands, along with four marshes occurring withiii the northein preservation zone. M-- €!-been dtwpm%+~*W~. Sawgrass (#641 I, 2.4 acres, 0.1%) There are a couple of wetland basins (one in the northeast and one in the southwest) that have a relatively large, monocultural stand of sawgrass that was segregated for cover mapping purposes. Sawgrass is a component of most site marshes, but frequently only in small clumps or associated with the periphery of interior tree islands. Puxc 16 ut’ 36 -~ P.3 May 27 04 07:54a EW CONSULTflNTS s~i2a72saa areas provide solme foraging substrate and daytime resting areas for wading birds, lor example, none of them on-site were found to be colonial roosting or rookery habitat. Emergent Aquatic Vegetation (Nuphar/Nymphaea) (#644, 8 acres, 0.4%) These sinall, generally circular areas have been broken out within the marsh systems where they occur because they are large enough to differentiate in the field arid by aerial photointerpretation, and they are a different vegetative association than the surrounding marshland. As noted in discussing the marsh physiognomy, these areas may be natural depressions or, more likely, are current or historic gatar holes. The added depth provides for a prolonged hydroperiod, creating refugia for aquatic and wetland fauna that is exploited by wetland predators during periods of dry-down. When the basins are inundated, the water depth is sufficient to support such species such as spatterdock and fragrant water lily. Virtually all of these features are contained within marsh systems that are scheduled to be preserved in the proposed -natural system corridors. t Communities Preservation Plan the two on-site area lic lands on the east (Sweetb ) and west (Hungryland a pedestriardequestrian trail empts to strike a reasonable ratives and the need and desire to ecological quality while pi-oviding Slough); create the potenti the potential for Palm Beach Coun pleinent its long-ran Corridor I North ]North / FCUC+S Codeshqd Descriptions / 212 - UnirnprovedJ&stiire 41 JO - Pine FlaNoods (< 10% Canopy Closu?t$, ~~ 5101/747 -@rial/ Levee 641 - Fdhwater Marsh 64g- Sawgrass &3 - Wet Prairie 643 1 - Wet Prairie - S t. John's - wort Dominated ~ 644 - Emergent Aquatic Vegetation (NupharNymphaea) Acres 1.60 146.54 8 76 45.38 1.44 9.37 6.3 1 <I G - 22r::q -. '- ,'\ May 27 04 07:SSa EW CONSULTRNTS ~- 5612872988 P- 4 UCFCS Codes and Descriptions -. Wildlife General, scasonal and species-specific wildlife surveys were conducted on-site between 9 March and 22 Apn[ 2004. This interval coincided with the end of the migratory period and the initial nesting period for many bird species. It was also warm weather advantageous for observing reptile and amphibian species. The mammals encountered are active throughout the year and are year-round residents. This u'as also the time of year when many site wetlands were going dry, which facilitated sampling for representative fish species. There were no unexpectcd species encountered during the surveys, and the anticipated array of resident, seasonal and migratory animals generally appears to utilize the site. However, the overall diversity and abundance of wildlife was somewhat less than expected for an undeveloped site within the region that has been protected from piiblic intrusion. Observcd species and certain expected species (*) are listed in the following table alphabetically by common name, along with the pertinent scientific binomials. - Legal Status** cavities of dead trees and abandoned woodpecker nests swamps, ponds, vehicular transects estuaries, rivers; nest 0 in shrubs and sinall trees swamps, ponds, vehicular transects estuaries, rivers; nest 0 in shrubs and small trees palustrine wetlands; vehicular transects L population” forage in pastures freshwater wetlands; vehicular transects nest in tops of trees in cypress 01- inangrove swamps Tricolored Heron Egtatrn tricolor B 1-eed ing : marshes, I’edes trian and SSW- White Ibis Edlrocirnw nlbiis Breeding: marshes, Pedestrian and SSCI- Whooping Crane Grm or-nericann Breed in emergent Pedestrian and “Experimental Wood Stork Mycteria nniericanu Estuarine or Pedestrian and EE 0 eo= Observed; 004 F.A.C.; E = Endangered; T = Threatened; T/SA = Threntcned due to similarity of appearance; SSC = Species of Special Concern High probability; M= Medium; L= LOW; “*USFwS; 50 CFR 17.1 1-12;FFWCC: Chapter 68A-27.002- Florida Sandhill Cranes were observed on-site during all surveys, usually in pairs. This species is l-e1atively corninon within the region and is known to nest on the propeity and in the surrounding vicinity. Aerial and ground surveys during March 2004 identified crane nests in seven marsh wetlands as shown on Map G. Some of these wetlands had more lhan one nest, and some appeared to be frbm 8 plioi- nesting season or were re-starts. By the end of March, it is estimated that at least six different pair Wit11 one or two young had been observed on the site. By April, several pairs were observed foraging without young, suggesting predation or other moitalily of the fledglings. It is speciilated that bobcats and coyotes probably are involved. This species is also known to have nested this year in the Swcetbay Natural Area adjacent to the site on the east. marshes containing Florida Sandhill Crane nests are included in the wetland preservation scheme for the site. Although soiiie marshes are natllrally better suited than others for crane nesting due to vegetative and hydrologic conditions, nesting sites typically vary between years. The ramifications of on-site crane nesting will be addressed during permitting with the FFWCC and SFWMD, and an approptiate mitigation plan will be implcmented as part of the permitting process. A follow-up crane nesting survey will be conducted during the nesting SeaSon prior to construction to determine the specific breeding sites at that time. It is prohibiled to disturb a Florida Sandhill Crane while nesting, but it is not prohibited to subsequently disturb the wetland as long as the activity is propel-ty pernlitted and mitigated. A inature Bald Eagle was observed on several occasions perched in a pine snag associated with Wetland #6 in the northwest coiner of the property. There are no known eagle nests within one mile of the site, but on-site foraging obviously occurs. By late April 2004, Wetland #6 had gone dry and the fish foraging opportunities for this species were temporanly eliminated. Due to the lack of pclmanent water cluling dry l>eliods, the site is riot likely lo provide critical foraging habitat for Bald Eagles due to lack of sustainable prey base. Wetland #G and most of the other large marsh systems xe contained in the site’s conidor preservation scheme. (.: .\TER/lllques [ion I Z doc Papc 20 of 3G May 27 04 07:56a EW CONSULTflNTS The Wood Stork is an endangered species regularly observed but not known to be nesting near the site doling 2004. The site is, however, generally within the 18-mile foraging zone from Wood Stork rookeries that is prescribed by the USFWS. One to six Wood Storks were observed on several occasions -e+Mq&- The occui-rence of this species, as well as other wading birds, was tied to particular water foraging in one of four marshes on-site.++ - levels that concentrate aquatic prey. Four species of wading birds cunsidcred to be “species of special concein” by the FFWCC were observed on-site under similar circumstances, but more commonly than thc Wood Stork. The species were the Little Blue Heron, Snowy Egret, TricoIored Heron and White Ibis. The herons and egret were never seen rates of more than a few per day, but the White Ibis was sometimes observed foraging in wetlands in flocks of up to 24 individuals. Several other potentially occurring bird species that were not observed during March - Apiil 2004 require discussion. The endangered Florida Snail Kite is known to forage and occasionally nest within the region. Wildlifc agency personnel report that in recent years the species has been observed foraging in canals and wellands near tlic site, as well as occasionally in the reservoir impoundment on the Mecca Farms site adjacent to the west. The Snail Kite, as well as the listed Limpkin, rely almost exclusively on apple snails for their livelihood. Wetland habitats without apple snails are unlikely to attract either species, unless there are otheiwise acceptable roosting or nesting opportunities. The large apple snail alld its distinctive shell and eggs were searched for in all site wetlands on all surveys. Only one apple snail shell was encountered and only one small clump of pickerelweed found in a ditch was affixed with the characteristic eggs. Both of these occurrences were associated with Wetland #39, just east of the Mecca Fums reservoir and la-gely preserved in the southern coiiidor. The Snail Kite is known to occur flirther east in association with the Water Catchment Area, and like the Wood St.orks, their location varies on a seasonal and . annual .... basis in accordance with the water levels and apple snail populations. At the present time there does not appea to be any productive foraging habitat on the subject site for the Snail Kite or the Limpkin. Four other potentially occurring bird species were not observed during the recent field studies. Audubon’s Crested Caracara can be found in open prairies and rangelands sirniiar to some on-site habitat; however, wildlife officials have not observed it in the immediate area of the property and it is not expectcd, except perhaps as a transient. Red-cockaded Woodpeckers are extremely habitat specific, and occur only in mature pinelarids with suitable cavity trees and adjacent pine foraging area. It is not hiown if the subject site ever had a population of this unique species, but there is cuirently no suitable habitat. It is known that this species does occur to the west in the J.W. Cocbett Wildlife Management Area. The Southeastern American Kestrel prefers open prairie and grasslands, similar to the preferred caracara habitat, but this state-threatened falcon subspecies was not observed during the studies. A single kestrel was obscrved on two occasions in early March, which coincides with the end of the migration period for the unlisted American Kestrel. Duiing the subsequent six weeks of field studies, no kestrel was observed, nor was its diagnostic call heard. The only kestrels found in the region between Apnl and July are likely to be the southeastern subspecies, so it Is concluded that it was not on-site during the period of the 2004 surveys. Similar to Sandhill Crane nest occurrence investigations, surveys for this species will be conducted piior to permitted construction. FinalIy, site grassland habitats scern potentially well-suited to the occun.ence of Borrowing Owls, but there was no evidence of this species diiiing extensive surveys in suitable habitat. _____ ~ _- -~ May 27 04 07:57a EW CONSULTRNTS 5612872988 P- 7 The only other listed animal species observed was the Arneiican alligator, which is relatively common throughout the region in wetland and aquatic systems. During site surveys the species was observed with regulwty in the large canals, principally along the eastern bounda-y. Large gators were also encountered in Welland #54, #S8 and #65 in association with gator holes. Because the site's canal and ditch system is connected to off-site surface waters, the resident population of alligators may vary somewhat. This species is not uncommon in the area and the on-site population has not been accurately estimated, but certainly dozens of individuals occur, with the largest observed being approximately eight feet in length. Two other reptile species that were not observed are worth noting in this discussion. The threatened eastern indigo snake ranges widely OVF~ a diversity of upland and wetland habitats and is known to occiir in the region. The extent and quality of natural system habitats on lands surrounding the project site are obvious from aerial photography and have been discussed previously. Like maminals and birds, some reptiles such as the alligator and indigo snake could include the property and their ovei-dl home range, whether or not they specifically reside on-site. The eastem indigo snake can be presumed to occur at least periodically on-si te, and there are standardized and specific construction awareness and notification procedures that will be implemented for- the pi-otcctjon of this species during site development. A gopher tortoise is a Florida species of special concern that was not observed on-site and there was no evidence found of past or present bun-ows. Allhough there is a relatively high water table throughout the site's uplands, it was envisioned that this species might occur in sandy pine flatwoods habitat or establish burrows in spoil berms and levees. However, continuous vigilance for burrow evidence dunng all surveys did not identify the presence of this species and it is presumed not to occur. The absence of tortoise burrows also would minimize or eliminate the occurrence of the gopher frog. With respect to listed mammals, neither the Florida panther nor Florida black bear are very likely to occlir on-sitc and the property does not have crucial habitat for either species at the present time. A black bear was known to occur a number of miles south of the site several yeas ago, but that was a rela~ively Linusual occunence and the individual was trapped for release elsewhere. To the extent that in the future the site could provide for habitat connectivity between public lands for these species, the proposed corridors potentially would accommodate such wildlife movement. The Applicant has conducted a survey for listed plant species in accordance with Rule 91-2.041 F.A.C. Rille 95-2.041 provides a specific list of plants for which surveys are to be conducted prior to submittal of the ADA ("DCA list"). These plant species are listed as "critically imperiled," "imperiled," or "rare" and specific protection and mitigation are specified where R regionally significant population is found on a project si (e. In addition to the above, the Florida Department of Agriculture and Community Services has a "Regulated Plant Index" that IS per 581.185(12) F.A.C. " to be used solely to restrict unlawful Ilarvcsting of native flora without the authorization of the landowner. The Regulated Plant Index is not to be used to regulate construction or other land alteration activities on any property." Rule 95-2.041 also provides that species not included on the DCA Iist are considered to be "secure" 01- "~inrankedl' and specifically states that no mitigation is I-equired for those species. The applicant is sensitive to thc concerns of local environmental stakeholders that some species which are demonstrably rare but not on the DCA list might he found on the property and that those stakeholders would like to see protect.ion of such plants. While not required to conduct surveys for these species under Rule 9J.2-046 ~ the applicant has gone beyond the DCA lis1 to tletennine if such species occur on the propelty. To determine spccies for which surveys would be conducted, lhe applicant has used infoimation compiled by the FDACS FIolida Endangered Plant Advisory Council. Chapter 58 1.186 F.S. created the Florida Endangercd Plant Advisory Council. This group, "consisting of sever1 pel-sons to be appointed by the. Commissioner of Agriculture. One member shall be a representative of the Florida Federation of Garden Clubs, Inc.; one member shall be a representative of the Florida Nurserymen and Growers Association, Inc.; one member shall be a representative of thc Cornittee for Rare and Endangered Plants and Animals; one member shall be a representative of the Florida Forestry Assuciation; one member shall be a representative of the Florida Native Plant Society; and two members shaII he botanists, each of whom shall be a staff or faculty member at a state ul1iversity" has been systematically conducting reviews of plants potentially in need of special protection and has been ranhng them by a standardized list of criteria on r3nty, iisk of extirpation, and sensitivity to hunian activities. Realizing that this review activity, while independent of the DCA list, can provide important insights into species protection needs that were unknown at the time the DCA list was created, the rankings developed by the Florida Endangered Plant Advisory Council have been reviewed. For those plants on the DCA list, plants listed as Critically Impemllcd, Imperrilled, ui- Rare have rank values of 12 or less. A list oi plants €or which surveys would be conducted was on known occurrence in Palm Beach County as reported by the Florida Natural Areas Inventory and as reported by the Institute for Systematic Botany at the University of South Florida. This list includes [he Rule 9J-2.041 F.A.C. DCA list plus any plant that the Florida Endangered Plant Advisory Council has given a rank of 12 or less. This list is provided in the table below. Surveys were coiiducted dunng the 9 March - 22 ApnI 2004 time frame. During this time, biologists from Biological Research Associates spent appi-oximately 400 pel-son-hours on site looking at the natural communities and the plants. found thei-e-in. They looked specifically for species found in the table below and considered the habitat requirements for each. The likelihood of occurrence of each tabulated species was determined and is included in the table. No plants founcl on the Palm Bench County list were observed. However, given that many plants are cryptic except during brief seasonal peiiods, typically when flowering, and that the surveys we[-e conducted only dui-ing two spring months, the applicant will coiitinue to look for species on this list as environmental permitting progresses on the site. Rule 95-2.04 1 provides that significant populations of "critically irnpeiiled" and "imperiled" species a1-e to be protected by several levels of on-site and off-site preservation and management with "criticaIl y imperiled" species receiving the highest levels of protection. It also specifies a management plan will be developed. If any species listed in the Lable below is found, it will be pi-otected in accordance with the provision of Rule 95-2.041. Given that the Coindors include the majority of the higher quality natiira! uplands and most of thc higher quality wetlands on the site, we anticipate that those conidors will likely contain the population in question. If not, the management plan is anticipated to include provision for relocating the population into an appropriate habitat in one of the corridors. If a species or population not meeting the Rule 9J-2.04 I ciiteria for preservation is encountered, the applicant will provide some alternative provisions for management of the species or population as appropiiate. Siich provisions may include incoiyoraLion into project landscaping, moving of Individual plants into the Notth or South CoiTidors, or some foim of "plant rescue" by interested local organizations May 27 04 07:59a EW CONSULTRNTS D. Indicate what impact development of the site will pose to affected state or federally listed wildlife and plant resources. The subject site has an array of upland and wetland habitat types that provide migratory, seasonal 01- resident lifecycle nccds for listed wildlife. The long-term agricultural modifications to and uses of the property have reduced the habitat value of the site for most listed plants. Most listed wildlife and plant species on-sjte are associated with the better quality wetlands and uplands, and corridors. The remainder of the tract will be devoted to project-related cultural features and infrastructure, including a considerable acreage of new surface waters associated with a water retention and treatment regime. The post-development aquatic systems and their littoi-al zones will provide some foraging habitat for listed wading birds, and possibly for Snail Kites, Bald Eagles and Ospreys. While thei-e is 110 question lhat site developmcnt will result in the reduction of available habitat for native and rare species, the actual consequences ultimately will be determined in consultation with natural resource and permitting agencies, and specific requirements for nitigalion will-be developed, as discussed in the response to Question 12. E. those habitats will be preserved and managed within the E. Disciiss what measures are proposed to be taken to mitigate impacts to state and federally listed wildlife and plant resources. If protectioii is proposed to occur on-site, describe what legal instruments will be used to protect the site, and what management actions will be taken to maintain habitat value. If protection is proposed to occur off-site, identify the proposed amount and type of lands to be mitigated as well as whether mitigation would be through a regional mitigation land bank, by acquisition of iaiids that adjoin existing public holdings, or by other means. Although the expedited pexmitting process status granted to the Gardens Scientific and Technology Community project is intended to have peimitting track the DRI-ADA schedule to the extent possible, the permitting particulars are not yet known. The unavoidable loss of wetlands arid upland habitat will be evaluated in conjunction with tlie envir~nr~ieiital regulatory and review agencies at the state and federal level, and an acceptable type and extent of compensatory mitigation will be the result of consultations during the Environmental Resource PeisTllt (ERP) process Any take of listed wildlife w~ll be permitted as required by the FFWCC. The primary focus for wetland and upland. habitat mitigation will occur on-site. The preservation and management of the majority of pine flatwoods habitat will serve as an upland buffer for preserved wetlands and conserve most of the best available natural plant associations. The same can be said for preserving the vast majority of the highest quality wetlands within the -^rt corridors. These will provide natural system cvntiguity between Hungryland Slough on the west arid Sweetbay Natural Preserve on the east. It is also anticipated that wetland hydrology can be enhanced, and selected wetlands in the prescrvation zones will experience measurable restoration as a result. The extent to which on-site upland and wetland preserv'atton and management, enhancement, and restoration can be credited as "lift" against the unavoidable losses due to development cannot be quantified in advance of the permitting process. As a result the extent to which off-site mitigation will be required also cannot be quantified at this time. C:\TEMt'\qiier;~ioii_L L doc Page 1.i VI' 3G P-9 May 27 04 07:59a EW CONSULTRNTS 5612872988 The project's mitigation plan will incorporate a diversity of ecologically meaningful compensation programs. These will be developed in concert with peimitting requirements, as well as being consistent with the Conservation Element of the City of Palm Beach Gardens Cornpi-ehensive Plan, the Environmental Standards for Palm Beach County to the extent they are applicable, RS well as the Strategic Regional Policy Plan for the Ti-easure Coast region by the TCRPC. Following the primary emphasis to mitigate on-si te, the secondary alternatives will include environmental compensation in proximity to the site and within the Loxahatchee River basin watershed. Such options could include enhancement, restoration or creation of wetland systems, acquisition of appropriate environmentally sensitive lands for preservation and stewardship, and local and regional hydrologic improvements clearly beneficial to wetlands and wildlife. Another component of the wetland mitigation plan could be the purchase of credits in a mitigation bank within the service area of the project, but more specifically in association with the Loxahatchee ecosystem. It. cannot be accurately estimated what mitigation credits maybe available for the project at the time of permitting, but there is an existing mitigation bank that may meet the ecologic and locational criteria within Palm Beach County to the south of the site, and there may soon be an additional bank available near the Palm Beach Coiinty-Martin County line by the time such credits would be needed. Any or all of these methods maybe combined for an appropriate and meaningful mitigation program intended to maintain as many on-site ecological values as possible and then provide programs with ecological benefit within the immediate project vicinity and within the Loxahatchee River Watershed. At this hnative stage of site pIanning and permitting evaluations, such a conceptual mitigation plan may seem vague, hut the project cannot be permitted without a mitigation plan approved by state and federal agencies that adequately compensates for developmental impacts. This must include direct, secondar-y and cumulative impacts of the project and its infrastructure. With regard to the seconds-y impacts of project roadways, for example, appropriate wildlife under-crossings will he provided for as approved by the FFWCC and USFW?. The integrity of the m&+wh&kcoiridor preservation zones will be enhanced so that landscape linkages and greenbelts can be maintained for wildlife and jn the public interest in perpetuity. The on-site conidor preservation pian will conserve the vast majority of the pine flatwoods ecotype while exceeding the 25 perccnt minimum standard for natural s ys tern uplands. The basis for the management plan will be existing Policy 6.1.9.5 of the Conservation Element of the City of Palm Beach Gardens Comprehensive Plan. Puisuant lu the minimum requirements for preserved areas for envirununentally significant lands, the plan will have such elements as: preserving the vegetative associations; promoting self-sustaining balanced plant growth, biodiversity, and wildlifc enhancement through connectivity with other preserves and by functioning as wildlife coiridors; total protection from alteration duiing site construction; protecting and preserving all endangered and thi-eatened plant and animal populations; eliminating invasive nun-native vegetation; and perpetual maintenance and protection of designated preserves by a illegally binding, recorded instrument. The details of the environmental inanageinent plan for. the preservation corridors ultimately will be specified and approved as pait of permitting and the overall project mitigation program. PART 111. ENVIRONMENTAL RESOURCE IMPACTS QUESTION 13 -WETLANDS A. If there are wetlands on the site, discuss and specify the following: 1. Acreage and percentage of the property which is currently wetlands. These wetlands should be shown on Map F, Vegetation Associations and identified by individual reference numbers. (These numbers should be utilized in responding to the other sub-questions.) The wetlands occurring on the 2,000 +/- acre site encompass approximately 625 acres. This value is based on preliminary field evaluation in accordance with the State of Florida’s Unified Wetland Delineation Methodology (Ch. 62-340 F.A.C.). This represents approximately 30 percent of the overall site acreage. In addition to the naturally occurring wetlands on the site, there are approximately 40 acres of man made excavations, primarily ditches that would be considered “Other Surface Waters” in accordance with 62-340. This comprises an additional two percent of the site. Map F, prepared by Biological Research Associates, Inc. (BRA, Inc.) depicts the approximate limits of the wetlands identified on the site. Each of the 77 wetlands is shown along with an individual reference number. The limits of the wetland areas shown in Map F are preliminary based on field evaluation by BRA, Inc. and have not been verified by State or Federal agency staff. 2. Historic hydroperiods and seasonal water elevations of on-site wetlands. The historic hydroperiod of the site in general was likely deeper and longer than that which occurs under current circumstances. Review of historic aerial photography indicates that the subject site and surrounding area were a mosaic of depressional and slough type wetlands interspersed with pine flatwoods upland areas. The sloughs under these historic conditions were likely inundated for as much as 365 days in most years while the depressional wetlands would have varied in length and depth from six to twelve months of inundation per year at depths from a few inches to two or three feet. The pine flatwoods would have been inundated in response to storm events and remained saturated for several periods that may have covered a few weeks at a time during the wet season. The evolution of the current site conditions began in the early to mid 1950s with construction of agricultural improvements for row crops and pasture on the site. In the early 1960s, the C-18 Canal was constructed to provide flood control to the northern Palm Beach County area including the subject property. With this drainage facility available, additional agricultural improvements for row crops and pasture were undertaken on the site in the late 1960s and early 1970s. By the mid 1990s, nearly the entire subject property was under intensive agricultural management, primarily as improved pasture. Based on observations in on site canal systems, the water levels on the site were being maintained between three and six feet below the ground surface prevailing in the surrounding uplands. As a result the hydroperiod of the wetlands present on the site has been significantly reduced in both depth and duration from the historic conditions. This reduction is most dramatic in the wetlands closest to the C- 18 canal and on site drainage network. The site investigation by EW Consultants, Inc. has not yet entailed determination of site specific elevations for seasonal high water levels. Rather, the site reconnaissance was conducted to evaluate relative elevations of seasonal high water in the wetlands in the context of wetland type, surrounding conditions, and apparent effects on the wetland hydroperiod. This evaluation indicated that the seasonal high water elevations in most of the wetlands are generally lower than would be expected in these wetland types. The wetlands in the portion of the site most affected by agricultural and surrounding drainage have seasonal high water elevations that are likely 12 to 24 inches lower than historic conditions as evidenced by significant encroachment of upland and transitional vegetation around the margins of these wetlands. In areas where the effects of drainage are less severe, the seasonal high water elevations are likely six to eighteen inches lower than historic conditions, also made apparent by the encroachment of upland and transitional vegetation at the wetland margins. 3. Acreage and location of wetlands which are to be preserved in their natural or existing state, including proposed hydroperiods, seasonal water elevations and methods for preservation. Wetland preservation is proposed in two general areas within the project site. The first is a 225 +/- acre east-west oriented ecological corridor area in the northern portion of the site referred to as EcoCorridor 1. This location and orientation was chosen primarily because it provides a habitat connection between the significant publicly owned and controlled natural areas of Unit 1 l/Hungryland Slough to the west and the Sweet Bay Preserve to the east. The uplands within this proposed ecological corridor location are former pine flatwoods/depressional wetland mosaic that has had the timber harvested. It is in the early stages of recovery to a pine flatwoods habitat. There are approximately 65 acres of wetlands within the EcoCorridor 1 area. None of the wetlands in EcoCorridor 1 will be preserved in their exiting state. Rather, they will be enhanced as discussed in further detail in sub-question 4. The second location for wetland preservation is in an ecological corridor referred to as EcoCorridor 2. This is a 350 +/- acre north-south oriented corridor chosen primarily because it provides a connection between the Unit 1 l/Hungryland Slough natural area and the mostly intact native upland and wetland systems south of the subject site. EcoCorridor 2 also contains the only other areas of relatively native pine flatwoods habitat remaining on the subject site. There are also areas in varying stages of agricultural alteration. The remaining uplands within the overall property are not conducive to ecological corridor establishment because they are generally former pine flatwoods/isolated wetland mosaic habitat that has been cleared, ditched, and drained for various levels of agricultural intensity from row crops to improved pasture. In the central area of the property there is little if any sign of recovery to native upland habitat, despite the recent lack of normal agricultural maintenance. The southern portion of the site has a generally higher shrub level re-growth dominated by wax myrtle. There was little if any evidence of recruitment of typical pine flatwoods species (slash pine, saw palmetto, gallberry, wiregrass, etc.) but rather transitional grasses such as andropogon along with ruderal species. EcoCorridor 2 includes approximately 185 acres of the most diverse wetland types remaining on the subject site. As with the wetlands in EcoCorridor 1, the wetlands in EcoCorridor 2 will not be preserved in their existing state but rather, will be enhanced as discussed in further detail in sub-question 4. The seasonal water elevations and methods for preservation will be developed in detail through the Environmental Resource Permitting process. This will take into account the surface water management plan developed for the property as a whole in order to provide appropriate water depth and duration for enhancement of the preserved wetland habitats. A Habitat Management Plan will be developed to address both the needs of preserved wetland systems as well as restoration of native upland habitats to complement the wetland habitat functions and values. 4. Acreage and location of areas to be enhanced, including proposed hydroperiods, seasonal water elevations and methods of enhancement. The establishment of EcoCorridors 1 and 2 will provide for the preservation and enhancement of 250 +/- acres (approximately 40%) of existing wetlands on the subject site. The EcoCorridor Map depicts the locations of these wetlands. Although the surface water management plan is in its early stages of design, it is anticipated that properly treated runoff from the proposed development areas will be routed through the EcoCorridor areas by sheet flow to increase the hydroperiod of the preserved wetlands. The resulting increase in duration of inundation and saturation as appropriate will re- establish the diversity of natural “zonation” that occurs with different depth regimes in wetlands of this type. The general increase in depth of inundation will likely result in the expansion of the EcoCorridor wetlands to more closely mimic the historic limits of the wetlands on the subject property. 5. Actions taken to minimize or mitigate impacts on wetland areas, including maintaining the hydroperiod and providing buffers. The most significant action being taken to minimize and mitigate impacts to wetlands is development of the overall project in a compact urban form allowing for protection of important ecological systems in the form of the proposed EcoCorridors. The hydroperiod of the wetlands will be enhanced as discussed in the response to sub-question 4. Buffers will be provided and enhanced through the integrated Habitat Management Plan which will provide for enhancement and as necessary restoration of native upland habitats in the EcoCorridors in order to provide appropriate buffers to preserved wetlands as well as more diverse overall ecosystem functions. 6. Acreage and location of wetlands which will be disturbed or altered, including a discussion of the specific alterations and disturbances. Approximately 375 acres of existing wetlands will be disturbed by the proposed project development. In order to accommodate the proposed compact urban form of development, all wetlands disturbed or altered by the development will be cleared and filled for construction of infrastructure and associated development. 7. Precautions to be taken during construction to protect wetland areas. Because of the fundamental concept of compact urban development form proposed for this project, the typical construction impacts to wetlands, buffers, and associated preserves can be avoided. Rather than a site plan that isolates small unconnected preserves of wetland and/or upland habitats, the EcoCorridor plan designates large areas that can be successfully segregated from construction activities in order to prevent the impacts normally associated with ongoing construction. The proposed approach will be to field locate the limits of the EcoCorridors and separate them from the proposed construction activities through installation of erosion control fencing and physical barricades that prevent incursion by equipment and/or construction activities except where necessary for habitat enhancement activities. Erosion control best management practices will be implemented in the construction areas to prevent impacts from ongoing construction activities. 8. If available, provide jurisdictional determinations. The Wetlands Map prepared by BRA, Inc. reflects preliminary field delineation of wetlands in general accord with Ch. 62-340 F.A.C. However, there have been no field verifications or formal wetland jurisdiction determinations conducted with either State or Federal agencies on the property. 9. Provide any proposed plans (conceptual or specific) for created or enhanced wetland areas, including littoral lake slopes, buffers, vegetative species to be planted, etc. The planning with regard to wetland enhancement and creation is conceptual in nature at this time and is governed by the EcoCorridor concept depicted in the attached map. Wetland enhancement will be achieved through re-establishment of the maximum possible hydroperiod (consistent with wetland types) for the wetlands within the EcoCorridors. Although lake littoral slopes may be vegetated for aesthetic and/or water quality purposes, this is not part of the program for compensation of wetland impacts. In order to achieve the compact urban development form that is the fundamental basis of this project, a combination of off site and on site mitigation will be required. Preliminary qualitative analysis of the wetlands on the site has included an evaluation in accordance with Wetland Rapid Assessment Procedure (WRAP). Considering the proposed impacts to wetlands and the current formula for purchase of mitigation credits (in this case through Loxahatchee Mitigation Bank), approximately 275 off site credits would offset the proposed impacts. This would allow for protection, restoration, and management of the EcoCorridors within the site as integral parts of the community. I TECH-VILLAGE I CONSULTANTS, INC. I 735 COLORADO AVENUE SUITEONE STUART. FLORIDA 34994 772-287-8771 FAX 772287-2988 W EWCONSULTANTS COM Tech Village WRAP Summary 5/26/2004 51 21 2 1 NOTE8 I NOTE2 I I I I 21 1.5 2 2.5 15 3 3 30 0.70 104 PRESERVE I 000 1 NOTEl NOTE2 NOTE3 NOTE7 NOTE5 NOTE6 I I I 3 2.5 3 3 3.0 083 8.42 PRESERVE 0 NOTE11 NOTE12 NOTE5 NOTE6 I I I 2.0 2.5 1.0 I 3.0 3.0 3.0 0.67 0.6 PRESERVE 000 I 8 1.5 NOTE1 NOTE2 NOTE3 NOTE4 1 NOTE5 NOTE6 I 1 I I 3 30 0.80 1.57 1 PRESERVE I 0 1 I 11 2 2.5 2.5 2 3 NOTE8 NOTES NOTE3 NOTE 10 NOTE5 NOTE6 15 I 1.5 1.5 2 1.5 2.5 1 1.8 0.55 1.81 IMPACT 1.14 I NOTEl NOTE16 NOTE17 NOTE7 NOTE18 NOTEIS I Tech Village WRAP Summary 5/26/2004 25 I I - 0 47 1 15 2 15 1 1 110 047 087 IMPACT NOTE20 NOTE16 NOTE17 NOTE7 NOTE23 NOTE19 I I I 26 27 2 2 3 25 3 3 30 083 2.05 IMPACT 1 96 NOTE8 NOTE2 NOTE 11 NOTE 12 NOTE5 NOTE6 1 1.5 2 15 1 1 10 047 032 IMPACT 0 17 NnTF3ll NCITF I6 NOTF 17 NOTE7 NOTE23 NOTE 19 I I I I I II I I I I I 1 Tech Village WRAP Summary 5/26/2004 Tech Village WRAP Summary 5/26/2004 Tech Village WRAP Summary 5/26/2004 CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: June 3,2004 FROM: Jack Doughney, Community Services Administrato SUBJECT: Traffic Construction Coordination Meeting - May 25, 2004 The City Council requested results from the above-referenced meeting held on May 25, 2004, which was attended by the City Engineer, Dan Clark. Attached please find a copy of the attendance sheet as well as handouts listing traffic construction projects occurring in the North County area. Should you have any questions or comments regarding the attached information, please feel free to contact me. Thank you. Attachments CC: Mayor and City Council Dan Clark, City Engineer Traffic Construction Coordination Meeting Tuesday, May 25,2004 - 2:OO p.m. PBC Engineering Offices Cindy DeFilippo - RE: Future construction for FEC railroad crossings in PBC . From: "Schonder, Leslie (FECR.STA)" <schonder@feci.com> ro: "'Cindy DeFilippo"' <Cdefilip@co.palm-beach. fl.us> Date: 5/20/2004 1 1: 13 AM 3ubject: RE: Future construction for FEC railroad crossings in PBC CC: . "Stone, Charles (FECR.STA)" <castone@feci.com> Zindy, The attached excel file is a preliminary list of crossing throughout Palm Beach County that are scheduled br rehabilitation beginning January 1,2005. Leslie Schonder Vlanager-Engineering Services 'lorida East Coast Railway :904) 826-2383 -----Original Message----- From: Cindy DeFilippo [mailto:Cdefilip@co.palm-beach.fl.us] Sent: Wednesday, May 19,2004 4:16 PM To: Schonder, Leslie (FECR.STA) Subject: Future construction for FEC railroad crossings in PBC I've scheduled the meeting we discussed for Tuesday, May 25th. I understand that there will not be anyone from FEC present, however, would it be possible for you to e-mail me the report we discussed prior to that meeting? It would be helphl to have it for discussion purposes. Thanks. Cindy DeFilippo Administrative Assistant to Commissioner Karen T. Marcus i le://C:\Documents%20and%2OSettin~s\cdefili~\Local%2OSettines\Tem~\G W) 0000 1 .HTM 5/24/2004 I I i-- I ! -' r' . . . .' . L . . .;. . .. Proiect# 200291 1 '97906 2002064 2002055 $2002908 2001905 2002913 95050.703 2003060 2001082 8-14 2004064 Name T-R-S CR 707 Bridge 40-43-31 Steel deck repair Cabana Colony 41-43-31 N-S Canal Piping DISTRICT 1 PROJECTS Dubois Road 41-43-05 Improvement Limestone Creek 40-42-34 sanitary sewer Lone Pine 41-43-32 School turn lane Loxa ha tchee 40-42-27 River Rd. culvert Loxa ha tchee 4042-35 River Rd. bridge Penn Park 4 1 -42-0 1 Drainage Riverside Drive 40-42-25 Outfall drainage Riverside Dr. 40-42-25 Pathway Pine Hill Tr. to County Line Roan Lane 42-43- 18 Drainage study MuniciDality Jupiter Tequesta N/A (P.B.Gardens) J u pi te r N/A (Jupiter) N/A (P.B.Gardens) N/A P.B.County Jupiter N/A (Jupiter) N/A Creque-> N/A N/A (P.B.Gardens) Const. Status 06/05 to 07/05 Waiting s.tnnJ-4 .u w* s SFWMD 10104 to 02/05 03/05 to 07/05 06/04 t0 09/04 Redesigning 06/05 to 09/05 06/05 to 10/05 11/04 to 02/05 03/05 to 05/05 06/05 to 08/05 fall of 2006 ? .' DISTRICT 1 PROJECTS Project# Name T-R-S 2001130 Bendross Rd. 41-42-03 pav.,drain & sewer 99131 Country Oaks Ln. 41-43-32 pav., drain, water & sewer *2004126 W. Edgewater Dr. 41-43-32 water main 2003 129 Paradise Port 4 1-43-20 sewer * 99129 N & S Wallen Dr. 42-43-05 pav. & drain water & sewer M unici pa lily N/A (Jupiter) N/A (P.B.Gardens) Const. Status 07/04 to 10/04 10/04 to 03/05 04/05 to 07/05 2006 not designed 06/04 to 11/04 . . *= Project# DISTRICT 1 PROJECTS @iji&iiijij$) Name Eagles Nest Culvert replacement Center Street Drainage Improvements North of PGA Blvd US-1 drainage improvements A1A north of Indiantown Rd. Bike Loop Square Lake Drainage improvements X"SHwy1 T-R-S 40-42-35 41 -42-02 42-43-04 4 1-43 -05 42-42-24 M unici palitv Const. Status N/A June 2006 Jupiter Sept. 2006 County, FDOT 2007 (P.B.Gardens) Jupiter by Jupiter 2007 T0WNWI.DE UPCOMING ROADWAY WORK Royal Poinciana Way County Road to Bridge Lake Worth Road to Sloan's Curve South Ocean Boulevard South Ocean Boulevard Sloan's Curve to Southern Boulevard Southern Boulevard Bridge to Circle South Ocean Boulevard Lake Worth Road to South Town Limits South Ocean BoulevaNSouth County Road Southern Boulevard to Royal Palm Way WE-CH WATEW N Brazilian Avenue Lake Drivc to South County Road ElPueblo Way Lake Way tu North County Road La Puerta Way Lake Way to North County Road Lake Way to North County Road Nightingale Trail Lake Way North Ocean Boulevard Tangier Avenue to Miraflorcs Drive Circle to Mediterranean Road Sanford Avenue Me Way to County Road Lake Way Wclls Road to Coral Lane Miraflores Drive Iake Way tu County Road Summer 2004 Summer 2005 Summer 2006 Summer 2007 Sumrner 2007 Swnmer 2004 Sumer 2004 Summer 2004 Summer 2004 Summer 2004 Summer 2005 Summer 2007 Summer 2008 Summer 2009 PAGE 02/03 c _. - as/ig/nees 15: 24 5618354691 TOWN PCVM BCH P.W. PAGE 03/03 r. ? Slope Trail Ridgeview Drive to country Club Road Ridgeview Drive Slope Trail to North County Road Via Marila Lalls w85' u) Noah Bodevd Miraflorcs Drive Lakc Way to Noah County Road take Way Orange Grove Road to Via Marila Lake Way Garden Road to Via Marila La Puerta Way Lakt Way to North Ocean El Pueblo Way Lake Way to North Ocean Laurian he lake Way to North Ocean Ocean Boulevard Mediterranean Road to Onondaga Avenue Adam Road to North Ocean Eden Road Eden AUey Lake Way to North Ocean Queen's fane Lake Way to North Ocean List Road Lake Way to North Ocean Orange Grove Road Lake Way to Nonb Ocean Jamaica Lane lake Way to North Ocean Pam' 2 of 2 Summer2009 Summer2009 Summer 2009 Summer 2009 Summer 2009 Summer 2010 Summer 2010 Summer 2010 Summer 2010 Summer 2010 Swnmer 2011 Summer 201 1 Summer 201 1 Summer 201 1 Summer 201 1 Summer 2011 P 1 I I I I I I I I I I ! I. r - L c 0 .- B I 3 LiL s i G 0 ~~ HWUUH 00000 SSSSS S gR 4 . I, I, && I h -[ HUWU* ?: PPPPP 88888 5 UL g i ! ! r.i 3 51 388888 0 in --------------------------- CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, the Palm Beach Chapter of the Construction Specifications Institute is dedicated to the highest quality construction documents and advancement of the construction industry in the fast growing City of Palm Beach Gardens; and WHEREAS, the Palm Beach Chapter of the Construction Specifications Institute, through coordinated contmunications assists all entities involvement in the development in the City of Palm Beach Gardens by promoting excellence in the construction industry; and WHEREAS, the mernbers of the Construction Specifications Institute pledge themselves to establish and maintain high standards of professional conduct; and WHEREAS, the Palm Beach Chapter of The Construction Specifications Institute follows the Mission Statement ensuring that truth, clarity and concern for the welfare of the construction industry are necessary to benefit the residents of Pabn Beach Gardens; and WHEREAS, through it's Certification and Education Programs, The Construction Specifications Institute supports all individuals in the construction and allied fields. The Construction Specifications Institute serves in the preparation of administrative contracts, construction contracts and documents, contractual relationships, and the relationship and organization of construction documents, NOW, THEREFORE, I, Eric Jablin, by virtue of the authority vested in me as Mayor of the City of Pabn Beach Gardens, Florida, do hereby proclaim June 10, 2004, CONSTRUCTION SPECIFICATION AWARENESS DAY Attest: Patricia Snider, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this tJrd day of June, 2004. Mayor Eric Jablin