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
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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 :
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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
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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
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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
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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
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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
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14 efforts by CITY; and
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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-
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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
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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.
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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
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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.
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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
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CITY OF PALM BEACH GARDENS NORTHLAKE BOULEVARD AND MILITARY TRAIL - BEAUTIFICATION
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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.
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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
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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.
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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.
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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.
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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
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only to the parties to the Agreement.
21. Except as expressly permitted herein to the contrary, no modification,
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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.
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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.
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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
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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
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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
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16 (COUNTY SEAL)
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18 ATTEST:
PALM BEACH COUNTY
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
19 DOROTHY H. WILKEN, CLERK
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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:
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30 F:\MEDIAN\ASHU003AGMTS\PBGMT&NW<E031204.WPD
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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
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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 :
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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
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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.
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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
---
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COUNCILMEMBER DELGADO ---
COUNCILMEMBERLEVY ---
\\pbgstile\Attorney\attorney-share\RESOLUTIONS\PBC Military Tr - reso 11 1 2004.doc
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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
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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.
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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
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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
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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
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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.
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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
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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.
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7
CITY OF PALM BEACH GARDENS - MILITARY TRAIL BEAUTIFICATION
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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
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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
~
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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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-
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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)
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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:
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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.
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SECTION 5. This Resolution shall become effective immediately upon adoption.
4
Date Prepared: April 28, 2004
Resolution 108, 2004
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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. The proposed improvements will better
the site with the additional improvements.
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: April 30,2004
Meeting Date: June 3,2004
Resolution 109,2004
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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
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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
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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
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25 WHEREAS, the subject parcel is currently zoned Planned Community District (PCD)
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38 SECTION 1. The foregoing recitals are hereby affirmed and ratified.
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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:
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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:
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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
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9 BEACH COUNTY, FLORIDA, WITHIN THE CITY OF PALM BEACH GARDENS,
10 FLORIDA.
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19 approves the following waiver:
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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.
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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
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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
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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
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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
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Donald Ross Village
AKA Parcel 4.02/04 Palm Beach Gardens Florida Master Plan Details (lb)
1/
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+E+ ++-CAAA + + + + -t
+ + + + + + + + +I+ + + +++++++++e+ + +
Donald Ross Village
AKA Parcel 4.02104 Palm Beach Gardens Florida Landscape Plan Detail - Site D
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AKA Parcel 4.02/04 Palm Beach Gardens, Florida Landscape Plan
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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
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+ + +
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\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.
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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
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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.
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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
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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
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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
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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.
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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
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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)
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Date Prepared: May 11,2004
Ordinance 23,2004
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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
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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
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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
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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.
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Date Prepared: May 11,2004
Resolution 125,2004
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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.
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Date Prepared: May 11,2004
Resolution 125, 2004
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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)
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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)
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Date Prepared: May 11,2004
Resolution 125, 2004
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Right-of-Wav Landscapinq
IO.
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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)
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Date Prepared: May 11,2004
Resolution 125,2004
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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)
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Date Prepared: May 11,2004
Resolution 125, 2004
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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.
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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)
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Date Prepared: May 11,2004
Resolution 125,2004
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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)
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Date Prepared: May 11,2004
Resolution 125, 2004
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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
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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:
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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.
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Date Prepared: May 11,2004
Resolution 125,2004
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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)
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Date Prepared: May 11,2004
Resolution 125,2004
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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
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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
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0 Multi-paneled windows
0
Tenant and building identification signage shall conform to approved PUD signage
program.
i
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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
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0
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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
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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
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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
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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
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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
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Date Prepared: May 4,2004
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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”.
~~
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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
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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.
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Ordinance 17, 2004
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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.
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Ordinance 17, 2004
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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
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(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.
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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
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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.
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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
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4 (5) Identify proper venues to reach the city’s target market of value-added
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(4) Act as good-will ambassadors to companies seeking to relocate or expand
operations to/in Palm Beach Gardens.
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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,
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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.
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35 DIVISION 5. PARKS AND RECREATION ADVISORY BOARD
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(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.
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Ordinance 17, 2004
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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.
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Date Prepared: May 4,2004
Ordinance 17, 2004
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(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.
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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
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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.
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Ordinance 17, 2004
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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
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Date Prepared: May 6, 2004
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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.
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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.
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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.
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6 SECTION 7. This Resolution shall become effective immediately upon adoption.
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18 ATTEST:
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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
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26 LEGAL SUFFICIENCY
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30 Christine P. Tatum, City Attorney
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35 MAYOR JABLIN
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37 VICE MAYOR RUSSO
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39 COUNCILMEMBERCLARK
41 COUNCILMEMBERDELGADO
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-- AYE NAY ABSENT
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46 47 48 \\pbgsfile\Attorney\attorney_share\RESOLUTlONS\EDUCATlON ADVISORY COMMITTEE.doc
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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
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(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:
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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)
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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
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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.
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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
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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
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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
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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
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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
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---------------------------
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