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08-12-2021 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, AUGUST 12, 2021 501 U.S. HIGHWAY 1 7:00 PM Darryl C. Aubrey Deborah Searcy Mark Mullinix Susan Bickel David B. Norris Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/86465306790?pwd=WmVlek5zR0psczlTRlN1T1FmNmdjQT09 Meeting ID: 864 6530 6790 Passcode: 258817 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 864 6530 6790 Passcode: 258817 Regular Session Agenda, August 12, 2021 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held July 22, 2021 COUNCIL BUSINESS MATTERS 2. PRESENTATION – Village Community Garden – The Environmental Committee has developed a proposal for a Community Garden. The Committee is seeking Village Council direction regarding the proposed location at Osborne Park as well as an allocation of funding in the amount of $16,965 and the use of Village staff/equipment to establish the Garden. STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 3. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-03 CREATING A PLANNED UNIT DEVELOPMENT – TABLED 1/28/21 Consider a motion to adopt and enact on second reading Ordinance 2021-03 creating a Planned Unit Development on approximately 1.95 acres of real property located on the northeast corner of Richard Road and Alternate A1A, rezoning the property from the C-T Transitional Commercial District to the C-S Shopping Commercial District. 4. 1ST READING OF ORDINANCE 2021-10 – ZONING IN PROGRESS – TABLED 7/8/21 Consider a motion to adopt on first reading Ordinance 2021-10 establishing a Zoning in Progress for the Construction of Single-Family Homes in the R-1 Single-Family Dwelling Zoning District. 5. 1ST READING OF ORDINANCE 2021-11 OLD PORT COVE SOUTH MARINA PUD AMENDMENT – REQUEST FOR CONTINUANCE Consider a motion to continue to August 26, 2021 the first reading of Ordinance 2021-11 amending the Old Port Cove South Marina Planned Unit Development to provide additional outdoor seating. 6. 1ST READING OF ORDINANCE 2021-12 PROSPERITY VILLAGE PUD – REQUEST FOR CONTINUANCE Consider a motion to continue to August 26, 2021 the first reading of Ordinance 2021-12 creating the Prosperity Village Planned Unit Development on approximately 2.34 acres of real property located on Prosperity Farms Road, south of Allamanda Drive. Regular Session Agenda, August 12, 2021 Page 3 of 3 CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 7. RESOLUTION – Approval of a proposal from Platinum Building Solutions, LLC for the renovation of the Country Club Golf Course restrooms at a total cost of $47,500; and authorizing execution of a contract. 8. RESOLUTIONS – Approving resolutions required by Huntington National Bank (formerly TCF National Bank) for the Lease of 80 GPS Equipped Golf Carts, a Utility Hauler, a Shuttle and a Beverage Cart for the North Palm Beach Country Club. 9. RESOLUTION – Approving an Interlocal Agreement with the School Board of Palm Beach County, Florida for reciprocal use of facilities by the Village and the Conservatory School; and authorizing execution of the Agreement. 10. RESOLUTION – Establishing an Equivalent Residential Unit (ERU) Rate of $7.78 for determining the annual Stormwater Management Utility Assessment. 11. RESOLUTION – Disclaiming the Village’s interest in a drainage easement in favor of Palm Beach County located on a vacant parcel of real property located on the west side of Prosperity Farms Road and south of Allamanda Drive. 12. Receive for file Minutes of the General Employees Pension Board meeting held 5/4/21. 13. Receive for file Minutes of the Golf Advisory Board meeting held 6/21/21. OTHER VILLAGE BUSINESS MATTERS 14. RESOLUTION – MEMORY CARE PLANNED UNIT DEVELOPMENT MODIFICATION Approving a minor modification to the North Palm Beach Commons Memory Care Planned Unit Development to account for the relocation of a utility pole; modifying the site plan and landscape plan. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS 15. Motion - Designation of voting delegate and alternates for PBC League of Cities VILLAGE MANAGER MATTERS/REPORTS 16. PRESENTATION – Anchorage Park Dry Storage Update 17. DISCUSSION - Palm Beach Crew Agreement for Use of Anchorage Park 18. DISCUSSION - Election Qualifying Period REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Council meeting, he will need a record of the proceedings, and for such purpose he 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 (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA JULY 22, 2021 Present: Darryl C. Aubrey, Sc.D., Mayor Mark Mullinix, President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Deborah Searcy, Vice Mayor ROLL CALL Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present except for Vice Mayor Searcy. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and President Pro Tem Mullinix led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Regular Session held July 8, 2021 were approved as written. STATEMENTS FROM THE PUBLIC Mayor Aubrey announced that taking written public comments to be read into the record was discontinued. Public comments would only be taken in person at the meetings or online over Zoom. Chris Harris, 764 Waterway Drive, expressed his concerns regarding the proposed Zoning in Progress ordinance. Mr. Harris requested that the ordinance remain tabled until the Ad Hoc Committee is formed and recommendations for the ordinance have been brought forward. Mr. Harris stated that there were 250 letters signed by residents who oppose the ordinance. John Rhodes, 720 Jacana Way, gave a presentation on the opposition to the proposed Zoning in Progress ordinance. Mr. Rhodes gave examples of homes within the Village that would not have been built under the newly proposed requirements in the Zoning in Progress ordinance. Mr. Rhodes discussed and explained possible issues that would arise if the proposed Zoning in Progress ordinance was passed. Lisa Jensen, 606 Shore Drive, expressed concern that there was not enough information for the public regarding the proposed Zoning in Progress ordinance. Ms. Phillips recommended that the Zoning in Progress ordinance be passed while the Ad Hoc Committee decides on what changes to make to the residential code. Mary Phillips, 525 Ebbtide Drive, stated that she was in favor of the proposed Zoning in Progress ordinance. Ms. Phillips stated that the Zoning in Progress would provide a transition time to think things through, get input and set reasonable expectations. Draft Minutes of Village Council Meeting held July 22, 2021 Page 2 of 4 STATEMENTS FROM THE PUBLIC continued Mayor Aubrey clarified and explained that the intent of the proposed Zoning in Progress ordinance was to place a temporary hold on building oversized residential homes and to create an Ad Hoc Committee that would give recommendations for changes to the residential code. The Zoning in Progress is intended to be temporary and not permanent. Amy Bierer, 532 Gulf Road, expressed her concerns regarding illegal use of fireworks in the Village. Ms. Bierer stated that fireworks use is dangerous and causes environmental harm. Ms. Bierer recommended that Council seek a fireworks exemption bill to allow a fireworks ordinance. Barbara Rochefort, 2735 Hinda Road, expressed her opposition to and concerns with the proposed 7-11 gas station on A1A Road. Senator Bobby Powell, District 20, gave a 2021 Legislative update. CONSENT AGENDA President Pro Tem Mullinix moved to approve the Consent Agenda. Councilmember Bickel seconded the motion which passed unanimously. The following items were approved: Receive for file Minutes of the Environmental Committee meeting held 6/7/21. Receive for file Minutes of the Recreation Advisory Board meeting held 6/8/21. Receive for file Minutes of the Planning Commission meeting held 6/8/21. RESOLUTION 2021-60 – TENTATIVE MILLAGE RATE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt Resolution 2021-60 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A TENTATIVE MILLAGE RATE OF 7.1000 MILS FOR FISCAL YEAR 2022; ESTABLISHING A DATE, TIME AND PLACE FO R THE FIRST HEARING ON THE TENTATIVE BUDGET AND PROPOSED MILLAGE RATE; AUTHORIZING THE VILLAGE MANAGER TO SUBMIT THE REQUIRED FORMS TO THE PALM BEACH COUNTY PROPERTY APPRAISER; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik reviewed the budget presentation from the previous budget workshop given on July 15th and explained and discussed the FY 2022 Taxable Value and Millage Section proposing a millage rate of 7.10 mils which would set the maximum millage rate allowed for the Village. Mr. Lukasik reviewed taxpayer impacts at different values over a four-year comparison. Mr. Lukasik stated that the next budget workshop was scheduled for August 11th. Thereafter, the motion to adopt Resolution 2021-60 passed with all present voting aye. RESOLUTION 2021-61 – PROPERTY, CASUALTY AND WORKERS COMPENSATION INSURANCE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Norris to adopt Resolution 2021-61 entitled: Draft Minutes of Village Council Meeting held July 22, 2021 Page 3 of 4 RESOLUTION 2021-61 – PROPERTY, CASUALTY AND WORKERS COMPENSATION INSURANCE continued A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM FIRST FLORIDA INSURANCE BROKERS TO PROVIDE PROPERTY, CASUALTY AND WORKERS’ COMPENSATION INSURANCE THROUGH PUBLIC RISK MANAGEMENT OF FLORID A AND AUTHORIZING VILLAGE ADMINISTRATION TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT SUCH COVERAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained that the cost of insurance would decrease signific antly since the worker’s compensation insurance and property and casualty insurance would be bundled. Mr. Lukasik recommended the approval of the resolution to accept the proposal from First Florida Insurance Brokers to provide both insurance coverages through Public Risk Management of Florida. Thereafter, the motion to adopt Resolution 2021-61 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Bickel recommended having the inception of a Village Charter review. Discussion ensued among Council on whether or not to have a Charter review. Council came to consensus to have a Charter review. Mr. Lukasik stated that he and Mr. Rubin would bring back a plan for implementing a Village Charter review. VILLAGE MANAGER MATTERS/REPORTS Mr. Lukasik introduced David Barth of Barth Associates and stated that he would be giving a Parks and Recreation Needs Assessment presentation. President Pro Tem Mullinix left the meeting at 8:45 p.m. Mr. Barth gave a presentation on the scope of work, needs assessment findings, programs analysis and next steps. Mr. Barth discussed and explained level-of service analysis’ on access, facilities, funding and staffing. Mr. Barth reviewed and explained park evaluations and the results of the on- line survey questions. Mr. Barth reviewed a needs assessment summary and program analysis and then concluded the presentation by discussing next steps and visioning recommendations. Mr. Lukasik stated that Chuck Huff Acting Public Works Director would give a presentation regarding Commercial Sanitation Fees. Mr. Huff began the presentation by reviewing the commercial solid waste services that are currently provided to 131 commercial customers in the Village. Mr. Huff discussed and explained the Village’s current bulling formula and fees for annual commercial disposal fees and dumpster rentals. Mr. Huff reviewed a commercial solid waste fee comparison with other municipalities in Palm Beach County and gave examples of what the increased fees and totals would be for different types of commercial businesses. Draft Minutes of Village Council Meeting held July 22, 2021 Page 4 of 4 VILLAGE MANAGER MATTERS/REPORTS continued Discussion ensued between Mr. Huff and Council regarding the newly proposed commercial sanitation fees. Councilmember Bickel recommended that commercial businesses within the Village were made aware of what actual services they were getting and what they should be paying before making any changes. Mr. Lukasik stated that he and Mr. Huff would bring back more options for newly proposed commercial sanitation fees for consideration. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:51 p.m. Environmental Committee: Community Garden Proposal Village Council Meeting August 12, 2021 Community Garden: Why? 2 Fresh Produce: Provide fresh, nutritious produce for individuals or families who struggle to afford it. Healthy Lifestyles: Opportunity to enjoy being outdoors –fresh air and exercise. Provides a stress-reducing activity. Cleaner Environment: Plants add oxygen to the air and improve air quality. Provides an opportunity for composting plant waste to use as fertilizer. Community Garden: Why? 3 Stronger Communities: Provides opportunities for social interaction with neighbors. Educational Opportunities: A good way for kids to learn about where food comes from and gain a basic introduction to environmental issues, work skills and business principles. Community Garden: Why? 4 Recreation Needs Assessment Results (July 2021): Public input indicates that there is a desire to have a community garden. Proposed Location: Osborne Park 5 Committee evaluated public/private property opportunities. Osborne Park provided the best location: available area, low impact, sun exposure. Residents immediately adjacent to the area have been contacted. No response to date. Initial Community Garden Layout 6 Garden Components 7 Individual garden plots Community garden plots Paths between beds Compost bins Storage for tools Water connections Fence around perimeter Gathering location Garden Components 8 Two Community Beds: •Members will have to weed and generally maintain the community beds. •Limit on the amount that can be harvested by individuals. •Require waivers for participation. Library/Kids Bed: •Educational opportunities. Herb Garden: •Pick herbs at any time. Garden Components 9 Ten Independent Beds: •Requires membership and a financial contribution for use of a full independent bed. •Half beds can also be offered. •Monitor maintenance and encourage compliance with standards. •Waist high beds for those who have problems bending. Gathering location: •Includes benches, picnic tables, shade Community Garden Organization and Rules 10 Organize around a “core group” to lead. Committee will be seeking volunteers to manage/lead the Garden effort. Volunteers/members who are flexible and can contribute. No difference in pricing for residents or non-residents. August 1 to July 31 for membership. Liability coverage by the Village to be evaluated. Community Garden Organization and Rules 11 501(c)(3) organizations: •Donations are tax-deductible •Eligible to receive grants from foundations Membership: •$36/year/household Individual plots: first year •4x10: $30/year or $420 in revenue Other revenue: •Sell benches or trees •Sell pavers at entrance area •Garden cookbook •Farm to Table dinners •Cocktail hours Community Garden Organization/Committee 12 Funding: •Annual dues to cover maintenance expenses •Bank account if independent Membership: •Requirements for membership •Plot assignments •Regular meetings •Hours of operation Maintenance: •Share tools or bring own •Common area maintenance Community Garden Organization and Rules 13 All sustainable; no Roundup. Volunteers/Members to develop the planting schedule. Goal to give 25% of community produce to charity. Student volunteers to assist with maintenance. Establish social media presence. Expense is fence and irrigation. Abacoa uses IQ irrigation. Potable water is beneficial. Materials and Garden Costs 14 Irrigation connection $10,000 Non treated wood supports (2x6) 600 Clover leaf pavers (connect wood supports) 250 Cisterns/rain barrels (2) 600 Landscape cloth for walkways 150 Drip irrigation (materials)500 Fencing materials 3,400 Pest treatment, fertilizer 100 Clover Leaf Paver --Abacoa Materials and Garden Costs 15 Hoses $150 Mulch (non-cypress)150 Soil 150 Sign markers on beds 50 White board for messages 125 Entrance arch 200 Lockers with combination locks 460 Mailbox for brochures 80 Potting shed with gutters and downspouts future item TOTAL $16,965 Policy Direction Requested 16 Does the Village Council approve of the proposed location? Will the Village provided the labor and initial funding to establish the Community Garden? VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director DATE: August 12, 2021 SUBJECT: Ordinance 2nd Reading – A1A Corner Plaza Rezoning, Planned Unit Development (PUD) and Site Plan Approval The Applicant, Princeton Holdings Group South, LLC, is seeking to develop 7,134 square feet of retail uses on 1.95 acres. This includes a 4,232 square foot retail building with four bays, and a 3,109 square foot 7-11 convenience store with six fueling islands and twelve pumps. The property is located at the northeast corner of Richard Road and Alternate A1A. In 2022, Palm Beach County plans to extend Congress Road to this intersection. Under the new Zoning Code, the site is currently zoned C-T Transitional Commercial (formerly C-C Transitional Commercial), which allows the proposed retail uses, but not the automotive service station use. The Applicant is seeking to rezone the property to the C-S Shopping Commercial District (formerly the C-1 Neighborhood Commercial District). The rezoning will enable the automotive service station portion of the project to be considered a permitted use. The Applicant is requesting a Planned Unit Development (PUD) in order to be granted six waivers from Village Code requirements. Per section 45-35.1, the intention of the Planned Unit Development process is to provide: “an added degree of flexibility in the placement and interrelationship of the buildings and uses within the planned unit development, together with the implementation of new design concepts.” The Applicant has provided a plan that follows some of the design concepts desired for commercial properties in the Village Master Plan, with buildings pushed closer to the street, parking in the rear, and a building design that is consistent with the Village’s Architectural Guidelines. Community Outreach (updated) The Applicant initially held two community workshops with residents of the surrounding neighborhood and the community at large in March of 2019 and October of 2020. The Applicant took feedback received from residents at the meetings and incorporated it into the project design. The Applicant added a 6-foot concrete wall and shade trees on the east side of the property and made the Richard Road entrance ingress only after feedback from residents and Village staff. Additionally, the Applicant created a petition to gather more feedback from nearby residents. Per the Applicant’s justification statement, “92% of the residents responded in agreement to the proposal of the gas station including the pumps and remaining multi-tenant retail. The negative responses recorded did not have any issues with the gas station use or pumps but general development of the area and traffic from the Congress extension.” After the Village Council approved the Ordinance on first reading in November 2020, residents that live in close proximity to the project and elsewhere in the Village began to voice concerns with the project to the Village Council. The Applicant then volunteered to hold two additional public meetings, the first of which was held at Osborne Park on January 15th, and the second at the North Palm Beach Library on January 20th. There were a total of approximately 20 residents at both meetings combined. Residents expressed concerns about traffic, noise, light, the station being open 24-hours a day, fuel trucks in the rear of the property, environmental concerns, crime, and the lack of any need for another gas station in the Village. Planning Commission Hearing The Planning Commission held a public hearing on the project at its October 6, 2020 meeting. One nearby resident spoke and expressed concerns regarding the impact on residential properties behind the project, specifically noise and lighting. The Planning Commission in general was pleased with the proposed architecture and landscaping and thought it was an appropriate location for an automotive service station and the retail uses. The Planning Commission was unanimously supportive of the project and voted to recommend approval of the project 5-0 with conditions. The proposed conditions have been mostly generated by staff, with a few additions by the Planning Commission. Many of the conditions are standard construction related conditions that the Village imposes on commercial projects and are not specific to the proposed development. A more detailed analysis of the proposed project is included in the attached Planning Commission staff report. Village Council-1st Reading The Village Council held a public hearing on first reading on the proposed Ordinance at the November 12, 2020 meeting. During public comment, a resident that lives behind the property stated concerns about trees potentially being removed near the property line, as well as light from the project going into his neighborhood. A couple that lives on Hinda Road near the project spoke in opposition; noting concerns with light, noise, traffic on Hinda Road, environmental concerns due to the proximity of the project to the Earman River, and impacts on the community if it is open 24 hours a day, 7 days a week. The Village Council expressed concerns about the convenience store being open 24 hours a day, 7 days a week and wanted to know whether or not there are any restrictions on 24-hour operations in the Village Code. Additionally, the Council wanted to know whether there are any existing businesses that are open 24-hours a day in the Village. Village staff expressed to the Council that staff and the Police Department would further evaluate the request to determine if there are any public safety concerns related to the project and provide further clarification about 24-hour operations within the Village. The only restrictions the Village has related to hours of operations are in Section 3.2, which does not allow sales or service of alcohol for on-premises consumption or the sale of liquor for off-premises consumption between the hours of 2 a.m. and 7 a.m. every day (except New Year’s Eve when only restricted to 5 a.m. and 7 a.m.). Staff has confirmed that the Marathon on US-1 (north of McClaren Road) and the IHOP on US-1 are both open twenty-four hours a day. The Marathon has beer and wine sales, with no restrictions. Additionally, the old 7-11 at 924 US-1 was also open 24-hours a day, with alcohol sales. However, because the Applicant is requesting both a rezoning and PUD with waivers, the Village Council is able to place a condition upon the project to limit the hours of operations of the proposed 7-11. The Village Council also wanted to know whether or not the NPB Police Department and Police Chief Rick Jenkins had any concerns about the project and its proposed 24-hour operations. After first reading, the Applicant provided the Village with a brochure detailing 7-11’s Crime Deterrence Program (attachment 1). Chief Jenkins, Sergeant Pearson, and Detective Ciezak all reviewed 7-11’s security protocols and the site plan utilizing Crime Prevention Through Environmental Design (CPTED) principles (both Chief Jenkins and Sgt. Pearson are CPTED practitioners). Chief Jenkins and Sergeant Pearson also examined crime data from nearby locations and the three aforementioned businesses with 24-hour operations. Their findings can be found in the attached memorandum (attachment 2). In summary, the nearby auto-oriented businesses have had minimal issues with crime and calls for service. The businesses with 24-hour operations in the Village have also had relatively minimal issues with crime and limited calls for service. The Police Department typically receives four calls for service per year with no felonies for Marathon, nine calls for service a year at the IHOP, and had two calls yearly from the old 7-11. In the conclusion of his memo, Chief Jenkins states, “Based upon the old 7- 11 being open 24 hours and selling alcohol and the current Marathon also being open 24 hours and doing so, I do not oppose the requested hours of operation”. Project Updates Post First Reading At the first reading, Councilmember Aubrey asked the applicant if it would be possible to remove a fueling island for the addition of a charging station. The applicant did not want to lose any fueling islands, but was able to find a spot for a double charging station in the rear parking area. The location of the charging station is shown on a revised site plan that is included as an attachment. Additionally, in response to concerns from residents that live near the project, the applicant has agreed to construct an 8-foot tall wall in the rear of the property instead of a 6-foot wall. This wall will require an additional waiver to the project, as the tallest walls permissible by code are 6 feet tall. Staff is supportive of this waiver, since it will provide additional screening to residents behind the property. January 28th Second Reading Summary and Post Meeting Changes At the second reading of the Ordinance on January 28, 2021, the applicant presented updates on community outreach and minor updates to the site plan. Some residents were still in opposition to the project and spoke at the meeting about their concerns. The applicant did not appear to have the support of the Council for the project and requested to continue the hearing in order to evaluate further changes to the project. After the January 28th meeting, the applicant worked with 7-11 to reduce the number of pumps. They were able to remove two fueling islands and four pumps from the project. The project went from 8 fueling islands and 16 pumps, to 6 fueling islands and 12 pumps. The removal of the pumps enabled the applicant to add an additional amount of screening along the Richard Road and Alternate A1A intersection. The applicant added three gumbo limbo trees, two mahogany trees, and one black ironwood trees to this new landscaped area. There is no fiscal impact Recommendation: By a vote of 5-0, the Planning Commission recommends approval of the proposed Rezoning, PUD Amendment, and Site Plan with the following conditions: 1. Applicant shall receive a permit from Palm Beach County Environmental Resource Department for construction within Wellfield Zone prior to issuance of building permit. 2. Applicant shall receive a permit from the Florida Department of Transportation for driveway access and right-of-way dedication along Alternate A1A prior to approval of plat. 3. Prior to the issuance of the first building permit for vertical construction, Applicant shall submit covenants and restrictions providing for unity of control of the entire project and maintenance of all common areas and improvements and a shared parking agreement to the Village Attorney for review and shall obtain the Village Attorney’s approval. 4. Prior to issuance of the first building permit for vertical construction, the Applicant shall attempt to shield lighting to reduce spillover into neighboring properties where feasible and attempt to use dark-sky friendly fixtures. 5. All infrastructure, including but not limited to fire hydrant, street lights, water meter, etc. proposed on the approved site plan shall be maintained by the property owner. 6. The Applicant shall reserve water and sewer capacity with Seacoast Utility Authority and provide the Village with the Developer’s Agreement prior to the issuance of the first infrastructure permit. 7. Prior to issuance of the first building permit for vertical construction, the Applicant shall have underground water mains and fire hydrants installed, completed, and in service. 8. Prior to certificate of occupancy, sidewalk easement shall be created in coordination with Florida Department of Transportation for portion extending into private property. 9. The Applicant shall relocate all existing native trees per the approved tree disposition plan. If the oak trees do not survive relocation, they shall be replaced with ranch grown oaks that are the largest caliper that is reasonably available from local nurseries. 10. If any significant archeological resources are found on site during development and construction, the Applicant shall notify Village staff and following the procedures outlined in Section 21-104. 11. Applicant shall submit irrigation plans as part the building permit review. 12. All light poles being relocated along Alternate A1A shall underground the wires. 13. Prior to CO, Applicant shall install “No Truck” signs (R5-2 OR R5-2a as specified by the Federal Highway Administration) at the entrance to Richard Rd. 14. When submitting for permit, master signage plan shall be updated for the retail building to limit the façade signage to 5% of storefront measured to the parapet. 15. Extend the roof overhang at the convenience store to provide adequate shading/coverage prior to issuance of vertical building permit. 16. Prior to issuance of vertical building permit, provide updated Master Sign Plan to show consistency in architecture, colors and materials between the, gas station signage and retail building signage. 17. Prior to the issuance of the first building permit, revise the landscape plan to add additional landscaping, at the Southwest corner of Alt. A1A and Richard Rd. 18. Update applicant’s Master Sign Plan by redacting Section A.2, and modify Section D.1(a) by removing “or other color as designated by landlord.” 19. Prior to issuance of the vertical building permit, paint the flat roof section to match the angled roof portion. 20. Prior to or concurrent with the issuance of a Final Certificate of Occupancy for the convenience store building, the Applicant shall obtain a Temporary Certificate of Occupancy for the finished shell of the retail outparcel building and complete all site improvements with the exception of the interior of the retail outparcel building. 21. Applicant shall be bound by all oral and written representations made both on the record and as part of the application process irrespective of whether such representations are included as formal conditions. 22. The conditions of approval shall be binding on the Applicant and its successors in interest and assigns and a violation of such conditions shall constitute a violation of the Village Code of Ordinances and may be enforced by the Village as set forth in Article VI, Chapter 2 of the Village Code or as otherwise authorized by law. 23. Revise the site and landscape plans to provide an 8-foot tall wall along the entire rear perimeter of the property where adjacent to residentially zoned property. Attachments: 1. Planning Commission Staff Report and Supporting Materials 2. 7-11’s Crime Deterrence Program 3. Memorandum from Police Chief Rick Jenkins Page 1 of 6 ORDINANCE NO. 2021-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT ON 4 APPROXIMATELY 1.95 ACRES OF REAL PROPERTY LOCATED ON THE 5 NORTHEAST CORNER OF RICHARD ROAD AND ALTERNATE A1A, AS 6 MORE PARTICULARLY DESCRIBED HEREIN; REZONING THE PROPERTY 7 FROM THE C-T TRANSITIONAL COMMERCIAL DISTRICT TO THE C-S 8 SHOPPING COMMERCIAL DISTRICT; PROVIDING FOR DEVELOPMENT OF 9 THE PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, 10 WAIVERS AND CONDITIONS REFERENCED IN THIS ORDINANCE; 11 PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING 12 FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 13 AN EFFECTIVE DATE. 14 15 WHEREAS, Princeton Holdings Group South, LLC (“Applicant” or “Property Owner”), the owner 16 of 1.95 acres of real property located on the northeast corner of Richard Road and Alternate A1A 17 (2895 Richard Road), as more particularly described in Exhibit “A” attached hereto and incorporated 18 herein (“Property”), filed an application for rezoning from the C-T Transitional Commercial District 19 (formerly the CC Transitional Commercial District) to the C-S Shopping District (formerly the C-1 20 Neighborhood Commercial District) and for approval of a Planned Unit Development; and 21 22 WHEREAS, the Applicant is seeking to construct 7,134 square feet of retail uses consisting of a 4,232 23 square foot retail building with four bays and a 3,109 square foot 7-11 convenience store with six 24 fueling islands and twelve fuel pumps; and 25 26 WHEREAS, having considered the recommendation of the Village’s Planning Commission, the 27 Village Council determines that the Planned Unit Development and rezoning applications are 28 consistent with the Village’s Comprehensive Plan and meet each of the applicable requirements of 29 the Village Code of Ordinances; and 30 31 WHEREAS, having conducted all required public hearings, the Village Council wishes to approve 32 the rezoning and the creation of the Planned Unit Development in accordance with the plans and 33 specifications submitted by the Applicant, subject to the approved modifications or “waivers” to the 34 Village’s land development regulations and the conditions of approval imposed by the Village; and 35 36 WHEREAS, the Village Council determines that approval of this Ordinance is in the best interests of 37 the residents and citizens of the Village of North Palm Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 40 NORTH PALM BEACH, FLORIDA as follows: 41 42 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 43 44 Section 2. The Village Council hereby creates a Planned Unit Development (“PUD”) on 45 approximately 1.95 acres of real property located at the northeast corner of Richard Road and 46 Alternate A1A (2895 Richard Road), as more particularly described in Exhibit “A” attached hereto 47 and incorporated herein by this reference (“Property”). 48 Page 2 of 6 Section 3. The Village Council hereby rezones the Property from the C-T Transitional 1 Commercial District (formerly the C-C Transitional Commercial District) to the C-S Shopping 2 Commercial District (formerly the C-1 Neighborhood Commercial District) and hereby directs 3 Village Administration to ensure that the Village’s Zoning Map is amended to reflect the rezoning of 4 the Property. 5 6 Section 4. The Applicant shall develop and operate the PUD in accordance with the following 7 plans on file with the Village’s Community Development Department: 8 9 A. Site Plan prepared by Cotleur & Hearing dated December 11, 2019 and last revised for 10 submittal to the Village on June 18, 2021, consisting of two pages (SP-1 and SP-2). 11 12 B. Landscape Plan prepared by Cotleur & Hearing dated December 11, 2019 and last revised for 13 submittal to the Village on June 18, 2021, consisting of two pages (LP-1 and LP-2). 14 15 C. Tree Disposition Plan prepared by Cotleur & Hearing dated March 4, 2020, and last revised 16 on June 18, 2021, consisting of one page (TDP-1). 17 18 D. Lighting Plan prepared by Cree Lighting dated August 21, 2020. 19 20 E. Master Sign Program dated September 11, 2020 (see conditions of approval). 21 22 F. Sign Plans for the retail building monument sign prepared b y Harbinger dated July 23, 2020 23 and last revised for submitted to the Village on September 10, 2020 consisting of two pages. 24 25 G. Sign Plans for the 7-11 monument, wall, canopy and directional signs prepared by Harbinger 26 dated June 20, 2018 and last revised for submittal to the Village on December 6, 2019 27 consisting of eight pages (see conditions of approval). 28 29 H. Renderings prepared by Cotleur & Hearing (undated) consisting of three pages. 30 31 I. Renderings and architectural plans for the 7-11 prepared by b·u·f Studio dated September 25, 32 2020 consisting of six pages. 33 34 J. Architectural plans for the retail space prepared by Forum dated November 8, 2019 consisting 35 of two pages. 36 37 K. Undated material and color board. 38 39 Section 5. In approving the PUD, the Village Council hereby grants the following modifications 40 or “waivers” from the requirements of the Village’s land development regulations: 41 42 A. Waiver from Section 44-33(D) (Building Setback) of the Village Code of Ordinances to 43 reduce the required front setback from fifty (50) feet to twenty (20) feet. 44 45 B. Waiver from Section 45-89(B)(1) (Shade Trees) of the Village Code of Ordinances to 46 eliminate the requirement for one shade tree within thirty (30) feet of each parking space for 47 two of the parking spaces. 48 49 Page 3 of 6 C. Waiver from Section 24-43(a)(1) (Concrete Flares) of the Village Code of Ordinances to allow 1 asphalt flares (aprons) in lieu of concrete flares (aprons) at the project entrance in accordance 2 with FDOT requirements. 3 4 D. Waiver from Section 6-115(C)(2)c (Multiple Occupancy Signage) of the Village Code of 5 Ordinances to increase the number of wall signs on the retail building from one sign per tenant 6 to two signs per tenant to provide signage for the both the roadway and the parking lot and to 7 allow a wall sign equal to five percent (5%) of the façade notwithstanding that the building 8 setback is twenty (20) feet in lieu of the required twenty-five (25) feet. 9 10 E. Waiver from Section 6-115(C)(2)d (Single Occupancy Signage) of the Village Code of 11 Ordinances to increase the number of full-size and half size wall signs for the 7-11 from one 12 to two. 13 14 F. Waiver from Section 6-115(B)(6) (Tenants on Monument Signs) to allow the listing of tenants 15 on the monument sign for a site less than five acres in size. 16 17 G. Waiver from Section 45-36 (D) (Fence Height) to increase the maximum height for walls and 18 fences along the rear of the property from six (6) feet to eight (8) feet. 19 20 Section 6. To the extent not modified in Section 5 above, the Applicant shall develop, operate 21 and maintain the Property in accordance with all Village Code requirements. The Village Council’s 22 approval of the PUD is subject to the following additional conditions: 23 24 A. The Applicant shall receive a permit the from Palm Beach County Environmental Resource 25 Department for construction within a Wellfield Zone prior to issuance of building permit. 26 27 B. The Applicant shall receive a permit from the Florida Department of Transportation for 28 driveway access and right-of-way dedication along Alternate A1A prior to approval of plat. 29 30 C. Prior to the issuance of the first building permit for vertical construction, the Applicant shall 31 submit covenants and restrictions providing for Unity of Control of the Property, including 32 the maintenance of all common areas and improvements and shared parking, to the Village 33 Attorney for review and shall obtain the Village Attorney’s approval prior to the issuance of 34 a certificate of occupancy. 35 36 D. Prior to issuance of the first building permit for vertical construction, the Applicant shall shield 37 lighting to reduce spillover into neighboring properties where feasible and attempt to use dark-38 sky friendly fixtures. 39 40 E. All infrastructure, including but not limited to fire hydrants, street lights, water meters, etc., 41 proposed on the approved site plan shall be maintained by the Applicant. 42 43 F. The Applicant shall reserve water and sewer capacity with Seacoast Utility Authority and 44 provide the Village with the Developer’s Agreement prior to the issuance of the first 45 infrastructure permit. 46 47 G. Prior to issuance of the first building permit for vertical construction, the Applicant shall have 48 underground water mains and fire hydrants installed, completed and in service. 49 Page 4 of 6 H. Prior to issuance of a Final Certificate of Occupancy for any building, a sidewalk easement 1 shall be created in coordination with Florida Department of Transportation for the portion 2 extending into the Property. 3 4 I. The Applicant shall relocate all existing native trees per the approved tree disposition plan. If 5 the oak trees do not survive relocation, they shall be replaced with ranch grown oaks that are 6 the largest caliper that is reasonably available from local nurseries. 7 8 J. If any significant archeological resources are found on site during development and 9 construction, the Applicant shall notify Village staff and following the procedures outlined in 10 Section 21-104 of the Village Code of Ordinances. 11 12 K. The Applicant shall submit irrigation plans as part the building permit review. 13 14 L. All light poles being relocated along Alternate A1A shall have all wires installed underground. 15 16 M. Prior to issuance of a certificate of occupancy, the Applicant shall install “No Truck” signs 17 (R5-2 or R5-2a as specified by the Federal Highway Administration) at the Richard Road 18 access point. 19 20 N. When submitting for permits, the Master Sign Program shall be updated for the retail building 21 to limit the façade signage to 5% of storefront measured to the parapet. 22 23 O. Prior to issuance of the first vertical building permit, the Applicant shall provide an updated 24 Master Sign Program to show consistency in architecture, colors and materials between the 25 gas station (7-11) signage and the retail building signage. 26 27 P. When submitting for permits, the Master Sign Program shall be revised to eliminate Section 28 A.1 and modify Section D.1(a) to remove the phrase “or other color as designated by the 29 landlord.” 30 31 Q. Prior to or concurrent with the issuance of a final certificate of occupancy for the convenience 32 store (7-11), the Applicant shall obtain a temporary certificate of occupancy for the finished 33 shell of the retail building and complete all site improvements with the exception of the 34 interior of the retail building. 35 36 R. Revise the site and landscape plans to provide an 8-foot tall wall along the entire rear perimeter 37 of the Property where adjacent to residentially zoned property. 38 39 S. The Applicant shall be bound by all oral and written representations made both on the record 40 and as part of the application process irrespective of whether such representations are included 41 as formal conditions. 42 43 Section 7. A violation of any of the requirements or conditions of this Ordinance shall be 44 enforced in the same manner as a violation of a Code provision or ordinance in accordance with 45 Article IV of Chapter 2 of the Village Code of Ordinances. 46 47 Section 8. The Village Council may approve minor modifications to the Planned Unit 48 Development by resolution without the necessity of review by the Planning Commission, 49 advertisement or public hearing. The following modifications shall not be considered minor: 50 Page 5 of 6 A. Any increase in the total square footage or the footprint of any principal structure; 1 2 B. Any change in access to the Property; 3 4 C. Any variance to the underlying zoning regulations or additional waiver to the Village’s land 5 development regulations; 6 7 D. Any increase in height to the buildings located on the Property; or 8 9 E. Any relocation of parking areas resulting in a net reduction in the total number of parking 10 spaces. 11 12 Section 9. Each of the conditions and requirements of this Ordinance shall be binding upon the 13 Applicant and its successors in interest or assigns and shall be deemed covenants running with the 14 land. The Unity of Control shall include a statement that the Property shall be developed in 15 accordance with the conditions and requirements of this Ordinance. 16 17 Section 10. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 18 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 19 holding shall not affect the remainder of this Ordinance. 20 21 Section 11. All ordinances, resolutions or prior development permits or approvals relating to the 22 Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of such 23 conflict. 24 25 Section 12. This Ordinance shall become effective immediately upon adoption. 26 27 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 28 29 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 30 2021. 31 32 33 (Village Seal) 34 MAYOR 35 36 37 ATTEST: 38 39 40 VILLAGE CLERK 41 42 APPROVED AS TO FORM AND 43 LEGAL SUFFICIENCY: 44 45 46 VILLAGE ATTORNEY 47 Page 6 of 6 Exhibit “A” Legal Description of the Property Lots 43, 44, 45 and 46, KELSEY ACRES, PLAT NO. 2 (LESS AND EXCEPT that land taken or conveyed to the Department of Transportation for Highway Purposes as shown on Road Plat Book 4, Page 22 and as appear in instruments recorded in Official Record Book 3538, Page 1834 and Official Record Book 3543, Page 332), according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, as in Plat Book 24, Page 47. VILLAGE-NPB.ORG 501 US Highway 1 | North Palm Beach, FL 33408 | Phone: 561-841-3380 ADMINISTRATIVE MEMORANDUM NO. 20-023 DATE: October 6, 2020 TO: Planning Commission FROM: Jeremy Hubsch, AICP, Community Development Director RE: A1A Corner Plaza Rezoning/ PUD/ Site Plan October 6, 2020 Meeting P&Z# 2019-2184 I. APPLICATION Location: 2895 Richard Rd. generally located on the Northeast corner of Alternate A1A and Richard Rd. PCN: 68-43-42-17-04-000-0430 Legal Description: Lots 43, 44, 45, and 56 Kelsey Acres Plat No. 2 Request: An application submitted by Cotleur & Hearing on behalf of Princeton Holdings Group South LLC requesting a rezoning, Subdivision, PUD with waivers and site plan review for the development of a fuel service station and retail sales II. REQUEST & PROPERTY INFORMATION The Applicant, Princeton Holdings Group South, LLC has submitted this application for the development of a 7-Eleven automotive service station and retail building at the corner of Alternate A1A and Richard Rd. The site has been vacant for many years with no evidence on file of previous development on the property. The site was annexed into the Village from unincorporated Palm Beach County in 2007 via ordinance 2007-04. It was previously zoned General Commercial in the County and was approved for over 30,000 SF of medical office in a two-story building. The approved building was ultimately never constructed and the entitlements have since been lost. The current proposal seeks to construct 7,341 SF of retail, including a 3,109 SF convenience store with 8 fueling islands and 16 pumps. The proposed retail uses are allowed in the current CC Transitional Commercial zoning district. However, the automotive service station use is not allowed. The Applicant is seeking to rezone the property to the C-1 Neighborhood Commercial District, which will ultimately become the C-S Shopping Commercial District upon final adoption of the revised land development regulations. The rezoning will enable the automotive service station portion of the project to be considered a permitted use. The Applicant is also seeking a Planned Unit Development (PUD) in order to be granted waivers from Village Code standards. As shown on the site plan and described further below, there are 6 waivers that are required for the Applicant to be granted relief from the current code requirements for setbacks and other site elements through the PUD process. The Planning Commission is being asked to make a recommendation to the Village Council for the requested rezoning and Planned Unit Development. The current Future Land Use (FLU) and current Zoning designations for the property are summarized in the table below. Future Land Use (FLU) Designation Existing Zoning Designation Proposed Zoning Designation Commercial CC- Transitional Commercial C1- Neighborhood Commercial The site is 1.87 acres, and is generally cleared of vegetation except for a few native oak and palm trees near the east and north property lines. These trees are close to the existing FPL power lines which run along the eastern property line between the subject parcel and adjacent residential neighborhood. The adjacent neighborhood is entirely within the jurisdiction of unincorporated Palm Beach County and consists of a mixture of single-family and multi-family homes. The properties immediately abutting the subject parcel all have multiple units on each lot. They range from properties with 2 homes per lot, to one property that has approximately 9 mobile home type structures. The Applicant is proposing a 6-foot concrete wall and a rear landscape buffer with a mixture of shrubs, four Sea Grape’s, three Live Oaks, four gumbo limbo’s and 20 Mahogany trees to separate the uses. The following table summarizes the uses, FLU designations, and zoning districts of the surrounding properties: Zoning Future Land Use Existing Use EAST RM LR-3 Residential (PBC) NORTH C-C Commercial Professional Service SOUTH C-C Commercial Vacant (Mercedes Owned for off-site parking) WEST CG CH/5 Office/Convenience Store (PBC) III. BACKGROUND AND ANALYSIS OF APPLICANT’S REQUEST A. Rezoning The Applicant is proposing to rezone the property from CC-Transitional Commercial to C-1 Neighborhood Commercial, which will become the C-S Shopping District upon final adoption of the revised land development regulations. The proposal to rezone the property to the existing C-1 district is necessary in order to permit the proposed automotive service station use. The property is located at the corner of a signalized intersection at Alternate A1A and Richard Road. The intersection will soon include the future extension of Congress Avenue. The County currently has the construction of the roadway extension scheduled for fiscal year 2022. The intersection of two arterial roads (Alternate A1A and Congress Avenue) is generally a desirable commercial node location, due to high levels of pass-by traffic. The Village code does not list criteria required for the rezoning of properties, but generally when looking at rezoning’s, issues such as compatibility with adjacent properties and the suitability of a site for the proposed use are heavily considered. The subject property is currently zoned CC-Transitional Commercial. The general description of this district is: “This residential/commercial transitional district is to provide for the development of low-intensity business offices and other complementary uses. The CC district shall serve as a transition between residential areas and intense commercial development.” The properties along the east side of Alternate A1A north of Park Road are all zoned CC due to being adjacent to residential properties. With the exception of the subject parcel and the two southernmost parcels in the CC District, all of the CC properties are immediately adjacent to single- family homes. Therefore, this site may be more suitable for more intense commercial uses than typical properties in the CC-district. The adjacent residential properties are located within unincorporated Palm Beach County. It is worth noting that if this property had not been annexed into the Village in 2007, it would carry a General Commercial Zoning Designation, which is one of the most intense commercial zoning classifications in the County. Had it remained in the County, the Applicant would have been eligible to apply for a Conditional Use for the automotive service station use (note: all automobile service stations in unincorporated Palm Beach County require a Conditional Use). B. Subdivision The property is proposed to be subdivided into two properties. The preliminary plat will require recommendations by the planning commission for final approval by Village Council. The automotive service station and convenience store will be on the southern parcel and the retail building will be on the northern. Both lots meet the minimum dimensions established in the code. According to the Applicant, they will maintain existing ownership and the separation was required for the lease agreements of the different users. Both properties will share parking and utilities. The requirement of a shared agreement between the two parcels is proposed by staff as a condition of approval. C. Planned Unit Development with Waivers The PUD application includes a concurrent review of the site plan with associated landscape plan for consistency with the Village Code. The Applicant is seeking six (6) waivers from code standards. Per section 45-35.1, the intention of the Planned Unit Development process is to provide: “an added degree of flexibility in the placement and interrelationship of the buildings and uses within the planned unit development, together with the implementation of new design concepts.” The Applicant has provided a plan that follows some of the design concepts desired for commercial properties in the Village Master Plan with buildings pushed closer to the street, parking in the rear, and building design that is consistent with the Village’s Architectural Guidelines. Staff is supportive of the requested waivers, as they ultimately enable the Applicant to present a project that attempts to follow the Village Master Plan. Analysis of Waivers Requested: The applicant is requesting six waivers from code provisions in the table and further described in detail below. Code Section Required Proposed Waiver Request Comments/Analysis 1. Section 45- 33 (D)- Building setback 50 foot front setback 20 feet 30 feet Staff: Allows the parking to be in the rear of the property and better separates the building’s from the adjacent residential 2. Section 45- 89 (B) (1)- Shade Tree Shade tree required within 30 feet of each parking space 50 feet (2 spaces) 20 feet Staff: Out of the 39 total spaces, two spaces are not within 30 feet of a shade tree as they are right near the entrance. There are palm trees within the 30 foot radius. 3. Section 24- 43 (a) (1)- concrete flares Concrete flares at entrance Asphalt flares Substitute concrete for asphalt Staff: Requirement from FDOT as part of the access approval. 4. Section 6- 115(C)(2)c- Multiple Occupancy Signage 1 wall sign per tenant 2 wall signs per tenant 1 wall sign per tenant Staff: Entrance from the parking lot at the rear requires signage on both the roadway and the front entrance. 5. Section 6- 115 (c)(2)d- Single Occupancy Signage 1 full size wall sign & 1 half size wall size per ROW 2 full size wall signs & 2 half size wall signs 1 full size wall sign & 1 half size wall size per ROW Staff: A full size wall sign proposed on building facing each ROW and half size signs on the canopy facing each ROW. 6. Section 6- 115 (B) (6) Tenant on monument sign over 5 acres Tenants on monument sign at 1.87 acre 3.25 acres Staff: Proposed monument signage otherwise complies with code for dimensions The Applicant has provided the following justification for the requested waivers: 1. Waiver for setback reduction: Section 45-33(D) Village code for the C-1 zoning district (and new C-S zoning district) requires a 50’ setback from the street line to the front of the building. Part of the current request includes relief from the typical setback requirements so that the building may be located closer to the road while parking for the property is in the rear. Not only would this lot configuration enhance functionality, but this layout also achieves consistency with similar setbacks established in the nearby Northlake Boulevard Overlay Zoning District and along US 1 which both aim to provide enhanced pedestrian connectivity and visual aesthetics. Additionally, having the parking lot in the rear of the property would ease the burden on surrounding residents by breaking up the visible hardscape. Staff analysis: The intent of the new form based code is to bring buildings closer to the road, create a more urban space and eliminate vast areas of parking adjacent to the roadway. Though not on the US 1 corridor, this development will create a similar development style. Access to the buildings will be provided from the right of way as well as from the parking lot. With the parking in the rear, there is better separation between the buildings and the adjacent residential. 2. Waiver from shade tree in parking lot: Section 45-89(B)(1) The draft section of the code requires every parking space to be within 30’ from a shade tree. To comply with this draft section, a shade tree would need to be placed in front of the main entrance of the convenience store. This is not practicable and is overly burdensome. The front entrance only has 8 parking spaces in a row which is a relatively small number of spaces. A shade tree cannot be located within the foundation planting as it would cause issues to the foundation slab. Further, creating a new landscape island for the purpose of a tree would further reduce the already limited number of parking spaces. The intent of this draft section is to provide a greater number of parking spaces with some degree of shade. Although this intent is commendable, the benefits from this draft section will have limited benefits for this gas station use. The typical visitor to a gas station’s convenience store is generally short in nature and therefore the burdens incorporated with a single tree far outweighs any perceived benefits. It should be noted that only 2 parking space would not be within 30’ from a shade tree. Therefore, Applicant respectfully requests a waiver from this code section as the impact from this waiver would be limited to two transient parking spaces and it should also be noted that the remainder of this project is in compliance with this draft code section. Staff analysis: All parking spaces are required to be 30 feet maximum from the nearest shade tree. There are 2 spaces out of 39 that are not compliant with this code provision as they are right near the front entrance to the convenience store. There are palm trees within the 30 foot radius of the spaces at the foundation of the building. According to the applicant, shade trees in this location would negatively impact the foundation slab of the structure. 3. Waiver for concrete flares: Section 24-43 (a) (1) Per village code, Portland cement concrete is required between the roadway and the sidewalk or property line. Due to Palm Beach County and Florida Department of Transportation requirements, the Applicant is requesting a waiver from this requirement wherein the road material used may be that of asphalt. Richard Road is a county road and Alternate A1A is a state road. The county and state have indicated that radii access points require asphalt pavement to prevent cracks where the turning radii meet the existing payment. Due to these requirements, Applicant respectfully requests a waiver from the concrete flare requirement to permit asphalt. Staff analysis: The applicant met with the Florida Department of Transportation since it owns and maintains Alternate A1A. In the letter granting access to the property, it was determined that asphalt flares are preferable over the concrete flares required in the village code. The county also determined that the asphalt flares were preferable at a subsequent meeting to discuss the access to Richard Rd. 4. Waiver for Wall Signage: Section 6-115 (C) (2) c This code section permits 1 wall sign per tenant wherein the Applicant seeks a waiver to allow for 2 wall signs per tenant. The retail building abuts Alternate A1A with parking in the rear. A wall sign is appropriate on the façade which fronts this roadway, however without a wall sign on the façade which abuts the parking lot, a visitor will have difficulty identifying their desired establishment. Proper identification of retail spaces is of great importance in the ultimate success of this location. Therefore, to properly identify the tenants at this location, Applicant respectfully requests a waiver to permit two wall signs per tenant to be located on the east and west elevations of the retail building. Staff analysis: a. Per the code, a multiple occupancy complex is allowed: i. 1 wall sign per tenant space facing a roadway ii. Limited to 5% of building façade at 25 feet setback. b. The applicant is requesting the waiver from both aspects of the code requirement. The tenants for the retail building face the roadway and are allowed one wall sign each along Alternate A1A, but since the parking will be at the rear, an additional wall sign is proposed at the rear for better identification of the storefront when entering from the parking lot. c. A second part of the waiver stems from waiver 1 with the reduced setback. Though the building is not a minimum of 25 feet from the roadway, the applicant is requesting to follow that restriction of 5% of the building façade per storefront. 5. Waiver for wall sign: Section 6-115 (C) (2) d Code permits 1 full size wall sign for a single occupancy building with the exception when the building fronts two streets. In this instance, code permits 1 full size sign and 1 half sized sign. The 7-11 fronts Alternate A1A and Richard Road. Applicant is requesting a waiver to permit 2 full size signs and 2 half-size signs (substantially smaller than half-size). The orientation of the building is such that the side of the building fronts Alternate A1A whereas the front of the building faces towards the gas pumps and Richard Road. Having a full-size sign which fronts A1A, as a major roadway, is important and it is equally important to have a full-size sign identifying the main entrance into the building. Proper identification is important to the success of this property. Furthermore, the code provides that a wall sign cannot be more than 5% of the building’s façade if the building has a setback of 25’. Although this building only has a setback of 20’, it should be noted that this setback would have been larger had it not been for the additional right-of-way dedication. Nonetheless, the building is still in excess of 25’ from the roadway and the intent of the code is still complied with. Applicant requests that the building’s signage, although it does not technically have a 25’ setback, should still be afforded the 5% maximum sign size. It should be further noted that the calculations of the building’s façade should be calculated from the finished floor to the top of the parapet. The intent of the code is to avoid a disproportioned sign to the overall size and presence of the building. A parapet is an architectural appurtenance to a building used to screen roof-top equipment. Although the parapet does not represent the finished roof, it does add to the overall scale of the building and therefore a sign’s dimensions should be in step with this aspect. In addition to the 2 full signs, Applicant requests 2 half-size (or less) signs for the canopy which covers the fueling stations. As shown on the architectural elevations and site renderings the canopy has the 7 Eleven logo which is a 3’x3’ cabinet. These canopy signs further help identify this fuel location as a driver passes the site. Staff analysis: a. Per the code, a single occupant complex (the proposed fuel station and convenience store) are allowed: i. 1 wall sign per street frontage. ii. 2nd sign is allowed at 50% the size of the main wall sign. b. The applicant is requesting the main sign on the convenience store, facing Richard Rd. It would be allowed 66 SF, but 22 SF is proposed. The 2nd sign is facing Alternate A1A which is allowed to be 50% of the main sign or 33 SF. The same 22 SF sign is proposed here as well. This section is therefore compliant with the code requirements. c. Two additional signs are proposed on the fuel canopy. The canopy is proposed to have a 7 Eleven logo facing Alternate A1A and Richard Rd. There is no separate restriction or regulation in the code on canopy signage distinct from the convenience store, so they are included together in overall wall signage. As such, canopy signs are typically restricted unless a waiver is requested. The logos are 9 SF with trademarked striping 12 ft long on west and South Elevations of the canopy. 6. Waiver for monument sign: Section 6-115 (B) (6) Code permits the presence of tenants on a monument sign if the affected area of the site is over 5 acres. The current site is 1.87 acres. The Applicant is requesting a waiver to allow for this site to have tenants on the monument sign. From a visibility perspective, this retail plaza sits close to Alternate A1A with guest access to the rear along with the parking area. A monument is paramount in obtaining proper visibility from those that are traveling Alternate A1A. As a one-story building, being able to properly notify the general public of the establishments within the site is key to increase traffic into the site. Staff analysis: Per the code, a monument sign is only allowed tenant names if the property is over 5 acres. The subject property is only 1.87 acres for a reduction in 3.25 acres of this requirement. It meets setbacks, square footage and height restrictions in the code. One monument sign is allowed per frontage. 7 Eleven’s signage will be at the corner, technically along the angle of the Richard Rd frontage and this sign will count as the one allowed on Alternate A1A. When the property is subdivided, it will be in compliance with this section. D. Site Plan Review a. Traffic Analysis After discussions with the neighbors and staff, the Applicant will not allow gas tanker truck access to the property from Richard Road. The Richard Rd. entrance will be for ingress only and will limit all trucks from utilizing Richard Rd altogether. The fuel tank location will be buried near the eastern property line and a truck turning analysis has been provided to show how the tankers will maneuver the site. Approval has been granted for the access along Richard Rd from Palm Beach County and along Alternate A1A from the Florida Department of Transportation. A turn lane has been provided along Alternate A1A at the request of FDOT, as well as cross access between the two parcels being created by the subdivision. Traffic impacts to the site were considered in the analysis by the Applicant’s traffic engineer. According to the traffic study, there are no significant impacts to the capacity of either roadway, but the project will produce 4,036 average daily trips. Of those 4,036 daily trips, 2,467 will be “pass by” trips, or cars that were already traveling by the location. There will be 249 AM peak hour trips and 287 PM peak hour trips. Of those, 151 and 175 are AM and PM peak hour pass by trips respectively. In summary, the proposed development is anticipated to create 1,569 new net trips to the site daily (excluding pass by traffic), 98 new AM peak hour trips, and 112 new PM peak hour trips. The proposed project was issued a Traffic Performance Standards (TPS) approval by Palm Beach County, confirming that the proposed development will meet the County’s traffic standards. b. Site Design The site has a retail building, with four different units on the northern end of the property, with parking in the rear. On the southern end of the property (near the Richard Road and Alternate A1A intersection) there is a canopy with 8 different fueling islands and 16 pumps. Between the canopy and retail building is a 3,109 square foot convenience store. Consistent with the goal of the Village Master Plan, the buildings are pushed closer to the street with parking screened in the rear. The orientation of buildings closer to the street creates further separation between the proposed buildings and the adjacent neighborhood. At the suggestion of staff, the Applicant has created a plan that enables trucks to be able to access the site solely from Alternate A1A. The truck circulation route was also designed to avoid the area between the convenience store and fuel canopy, in order to better protect pedestrians. Additional site features have been added, including a bike rack, benches and trash cans. Air and vacuum station will also be provided for the users of the fuel station. c. Landscape Plan The proposed landscape plan has been reviewed for consistency with the new code. The new code requires that the Applicant has to meet landscape standards such as perimeter screening, buffers, and foundation plantings and also provide at least 100 additional “supplemental landscape points”. The supplemental points can be gained by installing trees and landscaping above and beyond code requirements. Examples of items that can be issued supplemental points are: specimen trees, native trees, massing of landscaping, and sidewalk connections. The Applicant has provided 170 points worth of additional supplemental landscaping, mostly for the provision of native trees. Staff wanted to ensure that the Applicant providing heavy landscape screening in two areas of the property. One, the rear of the property adjacent to residential properties. Here, the Applicant is proposing a 6-foot concrete wall and a rear landscape buffer with a mixture of shrubs, four Sea Grape’s, three Live Oaks, four gumbo limbo’s and 20 Mahogany trees to visually screen the site from the neighboring properties. The second area of focus is the south and southwest corner of the property where the gas canopy will be visible from Alternate A1A. The Applicant is installing a raised berm along this portion of the property, with groundcover and shrubs such as: Blue Agave, Dwarf Schefflera, Parsoni Juniper, Dwarf Podocarpus, Podocrapus, and Dwarf Yaupon Holly. The Applicant has provided eight Royal Palms in this area, along with eight Japanese Blueberry trees that will be 12’ tall on installation for screening. d. Architectural Design Staff has worked with the Applicant and their architect to create a design that is inspired by the Village’s new architectural guidelines. Per the Applicant’s Justification Statement: “The new convenience store and multi-tenant building utilizes an Anglo-Caribbean architectural narrative that is sometimes referred to as the “New Caribbean” style, as expressed in the North Palm Beach Architectural Design Guidelines. This is expressed through the elevations with an 8:12 pitched mansard crimped metal roof around the Convenience Store and high vertical fenestration against the overall height of the building. The material palette uses smooth stucco as the main exterior finish, and a stone wainscot base with an appropriate color palette that responds to the context of the site and the hot Florida sun, and the style of the architecture. The design style is further influenced using entryway overhangs that allow for columns of stucco and windows that are anchored on each end with Anglo-Caribbean style shutters. The Multi-Tenant Building carries much of the same vernacular with expressing high fenestration, window shutters, brackets at the roof, and the same material palette. The mansard roof on the Convenience Store is reflected in the tower elements with pitched roof on the Multi-Tenant Building.” E. Public Notice and Community Outreach The Applicant has held two community workshops with residents of the surrounding neighborhood and community at large. One was held at the Community Center in March of 2019 and another was held at Village Hall in October of 2020. The Applicant took feedback received from residents at the meetings and incorporated it into the project design. The Applicant added a 6-foot concrete wall and shade trees on the east side of the property and made the Richard Road entrance ingress only after feedback from residents and Village staff. Additionally, the Applicant created a petition to gather more feedback from nearby residents. Per the Applicant’s justification statement, “92% of the residents responded in agreement to the proposal of the gas station including the pumps and remaining multi-tenant retail. The negative responses recorded did not have any issues with the gas station use or pumps but general development of the area and traffic from the Congress extension.” The rezoning has been publically noticed, with mailers sent to all property owners within 500 feet of the subject property; as well as signs posted onsite, and notice in the Palm Beach Post. F. Appearance Plan Compliance Sec. 6-36. - Powers and duties of planning commission concerning the appearance code. The planning commission shall have the following powers and duties: 1. To hold public hearings on and make recommendations for amendments to the appearance plan. 2. To consult with and cooperate with the planning and zoning advisory board, the beautification committee and other village departments, and any other municipal or governmental bodies on matters affecting the appearance of the village. 3. To study exterior design drawings, landscape and site plans and materials for any proposed public works or public improvements and to make recommendations to the council or village manager as to the architectural or aesthetic aspects thereof. 4. To study and review preliminary and final plats and make recommendations to the planning and zoning advisory board and the village council. 5. To hold hearings, when required, on the issuance of certificates of appropriateness as provided in section 6-59, in connection with questions pertaining to applications for building permits and to issue or deny such certificates pursuant to the provisions of such section 6-59. Sec. 6-58. - Action of planning commission. Upon consideration of an application, the planning commission shall issue a certificate of appropriateness to the community development department upon a finding that the plan conforms to the village appearance plan and that the proposed building or structure is appropriate to, and compatible with, the character of the immediate neighborhood and will not cause a substantial depreciation in property values. If the planning commission determines that these criteria are not met, the planning commission shall provide such advice, counsel, suggestions and recommendations on matters pertaining to aesthetics as it may deem necessary to guide the prospective applicant in the development of a plan which would comply with the requirements and purposes of the appearance plan. If preliminary hearings have been held on the project for which application is being made, and preliminary approval has been issued by the planning commission as provided in section 6-56, the planning commission shall issue a certificate of appropriateness immediately, provided that the final drawings, plans and material as presented comply in all respects with the preliminary presentation upon which the preliminary approval was based. Sec. 6-59. - Approval by planning commission. The planning commission shall issue a certificate of appropriateness upon a concurring vote of at least three (3) members. No building or other permit, otherwise required under the ordinances of the village, for the erection, construction, alteration or repair of any building or structure in a multiple-dwelling, commercial or public zoning district shall be approved by the community development director except upon the granting of a certificate of appropriateness by the planning commission. The foregoing requirements shall not preclude the issuance of a building permit without such certificate if the community development director shall determine that no external architectural feature as defined in section 6-31 is involved in the work for which the building permit is sought. Consistency with Appearance Plan According to the applicant’s justification statement, the project is meeting the intent of the appearance plan. Their descriptions of each section have been provided in their Justification Statement, page 6- 11. It is staff’s determination, the buildings are generally located in a place to reduce impact to adjacent residents, of an architectural style desired by the village and colors that are generally consistent with the neighborhood. V. CONCLUSION In Staff’s analysis, the proposed application is consistent with the intent of the Planned Unit Development process; is consistent with the Appearance Code; and will be compatible with the surrounding neighborhood. Should the Planning Commission determine that the proposed Rezoning and Planned Unit Development is worthy of a recommendation of approval to the Village Council, staff requests that the following conditions be included in the recommendation: Proposed Conditions of Approval 1. Applicant shall receive a permit from Palm Beach County Environmental Resource Department for construction within Wellfield Zone prior to issuance of building permit. 2. Applicant shall receive a permit from the Florida Department of Transportation for driveway access and right-of-way dedication along Alternate A1A prior to approval of plat. 3. Prior to the issuance of the first building permit for vertical construction, Applicant shall submit covenants and restrictions providing for unity of control of the entire project and maintenance of all common areas and improvements and a shared parking agreement to the Village Attorney for review and shall obtain the Village Attorney’s approval. 4. Prior to issuance of the first building permit for vertical construction, Applicant shall submit a lighting plan to the Community Development Department showing the types of light fixtures proposed. Where feasible, the Applicant shall attempt to shield lighting to reduce spillover into neighboring properties and attempt to use dark-sky friendly fixtures. 5. All infrastructure, including but not limited to fire hydrant, street lights, water meter, etc. proposed on the approved site plan shall be maintained by the property owner. 6. The Applicant shall reserve water and sewer capacity with Seacoast Utility Authority and provide the Village with the Developer’s Agreement prior to the issuance of the first infrastructure permit. 7. Prior to issuance of the first building permit, the Applicant shall have underground water mains and fire hydrants installed, completed, and in service. 8. Prior to certificate of occupancy, sidewalk easement shall be created in coordination with Florida Department of Transportation for portion extending into private property. 9. The Applicant shall relocate all existing native trees per the approved tree disposition plan prior to beginning engineering site work. 10. If any significant archeological resources are found on site during development and construction, the Applicant shall notify Village staff and following the procedures outlined in Section 21-104. 11. Applicant shall submit irrigation plans as part the building permit review. 12. All light poles being relocated along Alternate A1A shall underground the wires. 13. Prior to CO, Applicant shall install “No Truck” signs (R5-2 OR R5-2a as specified by the Federal Highway Administration) at the entrance to Richard Rd. 14. Applicant shall be bound by all oral and written representations made both on the record and as part of the application process irrespective of whether such representations are included as formal conditions. 15. The conditions of approval shall be binding on the Applicant and its successors in interest and assigns and a violation of such conditions shall constitute a violation of the Village Code of Ordinances and may be enforced by the Village as set forth in Article VI, Chapter 2 of the Village Code or as otherwise authorized by law. 16. When submitting for permit, master signage plan shall be updated for the retail building to limit the façade signage to 5% of storefront measured to the parapet. Attachments A. Site Plan, Landscape Plan, Survey, Proposed Plat, Photometric Plan, Master Signage Plan B. Civil Engineering C. Applicant’s Justification Statement D. 3D Renderings and Architecture E. Traffic Approval and Study W W W W WSTATE ROAD ALTERNATE A-1-ARI C H A R D R O A D 272826474210' LB10' UE10' UE6' LANDSCAPE WALLON A 3:1 EARTH BERMF CURB(6) MPD CANOPYFUEL TANKS24'30.5'8' SW84'THROAT10' LB9.8' LBDO NOT ENTERSIGNS869'18'24'12'CONVENIENCESTORE 70433,109 S.F5' SW2' OHR35'R30'18'RETAILSTORE4,232 SF826'18'781TURNAROUNDSPACE18'10' UE16' SB15' LB18'24'9'DUMPSTERR35'20.3' SB47.9'55'6'6'5'6'DOUBLE DUMPSTERR15'14'11'6' LANDSCAPE WALLON A 3:1 EARTH BERM18'12'5'D CURB5'7'ADA SIGN& RAMP7'5'5'6'PROPANE ANDCO2 CABINETSR20'R20'AIR ANDVACUUM30'R35'15' LB28.6'ADA SIGNAND RAMP5'78'10' LBTRAFFICCALMINGNORTH PALM BEACHIDENTIFICATION SHIPWHEEL OPTIONALLOCATIONSMONUMENT SIGNFH2:1 EARTH BERMRETENTIONRETENTIONRETENTIONDRAINAGEGREASETRAPGREASETRAPFH9'21'OPEN SPACE5' SUAEASEMENT5' SUAEASEEXISTING PROPERTYBOUNDARYRIGHT OF WAY DEDICATION(WIDTH VARIES)ZONING: CGLU: CH/5USE: OFFICE/CONVENIENCESTORE (PBC)ZONING: CCLU: COMMUSE: PROFESSIONALSERVICEZONING: RMLU: LR-3USE: RESIDENTIAL (PBC)ZONING: CCLU: COMMUSE: VACANTZONING: RMLU: LR-3USE: RESIDENTIAL (PBC)2' OH7'SW5'DECORATIVEPAVERSDETECTABLEWARNINGEXISTING OVERHEAD LINESEXISTINGOVERHEAD LINESEXISTINGOVERHEADLINESEXISTING POLES TO BERELOCATED OUTSIDE OFRIGHT OF WAY INCOORDINATION WITH FPLEXISTING POLES TO BERELOCATED OUTSIDE OFRIGHT OF WAY INCOORDINATION WITH FPLEXISTINGOVERHEAD LINESEXISTINGOVERHEAD LINESDDCV & WATERMETER ASSEMBLYDRAINAGE5' SUAEASEMENTCATCHBASINLIFT STATIONMONUMENTSIGN11' PEDESTRIANACCESS EASEMENTS02°06'39"W 247.50'S51°33'05"E 342.38' N8 7 ° 5 3 ' 2 1 " W 8 0 . 9 1 'N58°51 '49 "W 43 .71 ' N50°48'01"E 111.09'38.99'4.76'A=236.79'R=6322.95'Δ=02°08'45"A=114.57'R=6310.45'Δ=01°02'25"N58°29'29"E160.59'S11°27'40"EA=15.90'R=25.71'Δ=35°26'01"TRACT R15' LBA=27.42'R=6310.45'Δ=00°14'56"12' SUA20' S U A TRASHCANBENCH &TRASH CANW W W W WXXXXXX BIKE RACK10'X30' SIGHTTRIANGLESCONC.BIKE RACKDOUBLE CAR CHARGER25.4'24.6'R20'R20'15'R24'by agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.COTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptDESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATELandscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic# LC-C000239DEHRODEH18-1107A1A Corner Plaza North Palm Beach, FloridaSHEETOF2SITE PLAN 12-11-1903-04-2003-19-2007-02-2008-25-2010-20-2011-23-2006-18-21NorthSite Plan40'Scale: 1" = 20'-0"10' 20'60'80'0'LOCATION MAPSITE DATANOTE: NO SALES, DEAD STORAGE, REPAIR WORK, DISMANTLING ORSERVICING OF ANY KIND ARE PERMITTED ON THIS PROPERTY.SP1WAIVER TABLE SP2by agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.COTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptDESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATELandscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic# LC-C000239DEHRODEH18-1107A1A Corner Plaza North Palm Beach, FloridaSHEETOF2SITE PLAN 12-11-1903-04-2003-19-2007-02-2008-25-2010-20-2011-23-2006-18-21Site DetailsDUMPSTER DETAILNTSTRANSFORMER DETAILBIKE RACK DETAILTRASH CAN DETAILNTSNTSBENCH DETAILNTSD CURB DETAILF CURB DETAILVALLEY CURB DETAILSTANDARD AND HANDICAP PARKING DETAILNTSNTSNTSNTSNTSHANDICAP RAMP DETAILNTSNTS1"8"2 12"10'10'6'3/4" ALUM. STOP PIN (CAIN BOLT)HARDI-PLANK SIDING METAL GATEHEAVY DUTY HINGE(SEE SHOP DWGS)FINISHED GRADESTEEL PLATE W/ 1" DIA. HOLES FORSTOP PINS TO LIMIT GATE CLOSING(DRILL PAVING 2" DEEP ALSO)2"X6" P.T. GUARDRAIL(INSIDE WALL)HEDGE MATERIALOPAQUE GATEANGLE IRON W/1" DIA.HOLE FOR STOP PIN TOLIMIT GATE OPENINGELEVATION VIEWPLAN VIEW5" RAISED CONCRETESLABW/ 6X6 10/10 WWN2" PITCH ELEVATION VIEWPLAN VIEWTRANSFORMERHEDGE MATERIAL (COCOPLUM, WAX MYRTLEOR SANDANKWA VIBURNUM)OPEN FOR ACCESSTRANSFORMEROPEN FOR ACCESSHEDGE MATERIAL (COCOPLUM, WAX MYRTLEOR SANDANKWA VIBURNUM)TYPE:COLOR:FINISH:42"MADRAX 5 LOOP HEAVY DUTY WINDERLEXINGTON GREEN OR BLACKPOWDER COAT12'-0"1:12 MAX . DOWN1:12 MAX . DOWN6-8'CLEARANCEMAXIMUM 2%GRADE UP 5'-0"12'-0"NOTE: IN THIS APPLICATION RAMPS CAN BE SEPARATED ANDSIDEWALK CAN BE FLUSH ACROSS ALL HC SPACESNOTE: HCR#3-MOD MEANS ONLY 1 RAMP BUILT TO REQUIRED SIDEOF SIDEWALK. OR RAMPS SEP. TO ENDS OF HC SPACESMAXIMUM 2%GRADE UP8"6"6"BASE 18"2" RAD.PAVEMENT1/4"MAX.6"12"6"R2"R3"8"16"24"3000 PSICONCRETEASPHALT6" MIN.NOTE: WHEN USED ON HIGH SIDE OF ROADWAYS,THE CROSS SLOPE OF THE GUTTER SHALL MATCHTHE SLOPE OF ADJACENT PAVEMENT ANDTHICKNESS OF THE LIP SHALL BE 6 INCHES.7 12"WEARING SURFACE7 12"6"24"12"12"BASER34"14"NOTE: SAWCUTS REQUIRED AT 10' CENTERSHANDICAP SIGN DETAIL36"2 1/2"1"12"R1'-8"R5''NOTE: SYMBOL TO BE 4" WIDE WHITE TRAFFICPAINT ON PAVEMENT OR COLORED PAVERS .TYPICAL @ ALL HANDICAP STALLSHANDICAP SYMBOL DETAILNTS75"32"27 516"TYPE:COLOR:FINISH:DUMOR 160 SERIES BENCHGREENZINC RICH ANDPOLYESTER POWDER COATF.S. 318.14$250 FINEPARKING BYDISABLEDPERMITONLY18"6"12"COLORS:TOP SYMBOL & BORDER = WHITEBOTTOM TEXT & BORDER = BLACKTOP BACKGROUND = BLUEBOTTOM BACKGROUND = WHITECOLORS:TEXT & BORDER = BLACKBACKGROUND = WHITE5'-0"17'-0"9'-0"STANDARDPARKING SPACE12'-0"4"4"6"4"4"6"4"4" PAINTED (BLUE) STRIPESHANDICAP MARKINGSAS PER CODE7'-0"SIDEWALKHANDICAP PARKING SIGNPER ADA REQUIREMENTSEDGE OF PAVEMENTD CURB2' VEHICLEOVERHANG4"4"CURB RAMP4" DIAGONAL BLUE STRIPESPER FDOT INDEX6' WALL DETAILNTS6'COLOR AND TEXTURE TOMATCH BUILDING FINISHLANDSCAPE FORMSPETOSKYCAR CHARGING STATION DETAILSNTSOR EQUAL W W W W 86CONVENIENCESTORE 70433,109 S.FRETAILSTORE4,232 SF8781S02°06'39"W 247.50'S51°33'05"E 342.38' N8 7 ° 5 3 ' 2 1 " W 8 0 . 9 1 'N58 °51 '49 "W 43 . 7 1 ' N50°48'01"E 111.09'38.99'4.76'A=236.79'R=6322.95'Δ=02°08'45"A=114.57'R=6310.45'Δ=01°02'25"N58°29'29"E 160.59'S11°27'40"EA=15.90'R=25.71'Δ=35°26'01"A=27.42'R=6310.45'Δ=00°14'56"W W W WXXXXXXSAV9SAV9IV509SAVSP-R53SM30CS1040CI7133MUH19SBCLDS23TMCID10CID12CID12PM719BS3SM9ED11SP-R7LL112PM726CES8SMFG51227CI7188CS102BSLJ455AAL5JAT58FGFG13CH1JS11PR5114SAV1PR31AD24PMC23FG4ED211FGFG10AGG8PR34FG16PM3254AAL21FG7CVM7SAV31PD7CVMLJ652JS44SAV841FGFG40AD51SAV13PD17JS7PD16JS736PD10' UE10' UE15' LB10' LBDUMPSTERFHGREASETRAPFH5' SUE EASEMENT5' SUAEASEMENT10' LBRIGHT OF WAY DEDICATION(WIDTH VARIES)10' UE15' LB6SAV24JSCUS431FG15CID41MUH8SP-R28SBDOUBLEDUMPSTERSODSODSODSODSODSODSODSODSODSODSODSODSODPEA24PM77FG1170CI310PM3NORTH PALM BEACHIDENTIFICATION SHIPWHEEL OPTIONALLOCATIONS5' SUAEASEMENTAGG2SAV1215' LBSAV936SB173MUH21CIDLIFT STATION4V-R52:1 EARTH BERM8IVJS10FG52DDCV & WATERMETER ASSEMBLY38CIDPM712PD49PD321PHSPM7100PM71120'x12' SUAEASEMENT3AGG1LJ65ED17ROOTBARRIER, TYP.BS2RE810' LB32CIDBIKE RACK10'X30' SIGHTTRIANGLESROOTBARRIER,TYP.PM311JP28AGG1FG20CH1CID47FG1874V1CID13DOUBLE CARCHARGERCH142JPSAV9150CIDIV43SOD19CS102SM3EF3BS1BISG1TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSBS10BURSERA SIMARUBAGUMBO LIMBOF.G.5" CAL16` HT X 7` SPRDYFULL CANOPY, FL FANCY, 6` STRAIGHTTRUNK, 8` CT MIN.CLDS2CLUSIA FLAVASMALL LEAF CLUSIA TREEF.G.3.5" CAL12`-14` HT X 6` SPRDNFULL CANOPY. COLUMNAR. MATCHED.CUS4COCCOLOBA UVIFERASEAGRAPEF.G.4" CAL16` HT X 7` SPRDYFULL CANOPYCES26CONOCARPUS ERECTUS SERICEUSSILVER BUTTONWOOD TREE45 GALMULTI TRUNK8` HT X 5` SPRDYFULL CANOPY, MULTI TRUNKED24ELAEOCARPUS DECIPIENSJAPANESE BLUEBERRY TREE30 GALN.A.6`-7` O.A.NCONICAL, FULL TO BASE, MATCHED, FLFANCYED18ELAEOCARPUS DECIPIENSJAPANESE BLUEBERRY TREE45 GALN.A.12` HT. x 6` SPD.NCONICAL, 4` CT, FL FANCYEF3EUGENIA FOETIDASPANISH STOPPER BUSH15 GAL.1.25" CAL6` HT X 6` SPRDYFULL & THICK, BUSH, FTBJAT5 JATROPHAJATROPHA STANDARD15 GAL1.25" CAL4`-5` HT, 2`-3` SPRDNFULL, MULTI TRUNK, SPECIMEN, 2.5` C.T.TIGHT HEADSBI1KRUGIODENDRON FERREUMBLACK IRONWOOD25 GAL1.5" CAL8-10` OAYFULL CANOPYLJ455LIGUSTRUM JAPONICUMJAPANESE PRIVET45 GAL2" CAL6`-7` HT, MULTI TRUNK X 6`NFULL CANOPY, MULTI-STEM, LIMB UP, FLFANCYLJ653LIGUSTRUM JAPONICUMJAPANESE PRIVET65 GAL2.5" CAL.8` HT. 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Immediatelyreport any discrepancies to the architect.COTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptDESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATELandscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic# LC-C000239DEHRODEH18-1107A1A Corner Plaza North Palm Beach, FloridaSHEETOF2LANDSCAPE PLAN 12-13-1903-04-2003-19-2007-02-2008-25-20SUA 10-08-2010-20-20SUA 10-30-2011-23-2006-18-21NorthLandscape Plan40'Scale: 1" = 20'-0"10' 20'60'80'0'LP1LOCATION MAPLANDSCAPE DATAPLANT LISTFIRE HYDRANTDDCV AND WATERMETER ASSEMBLY12'2010 UE5 SUA EASEMENT15 LBNORTH PALM BEACHIDENTIFICATION SHIPWHEELDRAINAGE EXFILTRATIONTRENCH7 GALLON PODOCARPUSHEDGE TO SCREEN ABOVEGROUND EQUIPMENTWATER & SEWER ENLARGEMENT10' SCALEROOT BARRIER, TYP. TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSBS10 BURSERA SIMARUBAGUMBO LIMBOF.G.5" CAL16` HT X 7` SPRDY FULL CANOPY, FL FANCY, 6` STRAIGHTTRUNK, 8` CT MIN.CLDS2 CLUSIA FLAVASMALL LEAF CLUSIA TREEF.G.3.5" CAL12`-14` HT X 6` SPRD N FULL CANOPY. COLUMNAR. MATCHED.CUS4 COCCOLOBA UVIFERASEAGRAPEF.G.4" CAL16` HT X 7` SPRDY FULL CANOPYCES26 CONOCARPUS ERECTUS SERICEUSSILVER BUTTONWOOD TREE45 GALMULTI TRUNK8` HT X 5` SPRDY FULL CANOPY, MULTI TRUNKED24 ELAEOCARPUS DECIPIENSJAPANESE BLUEBERRY TREE30 GALN.A.6`-7` O.A.N CONICAL, FULL TO BASE, MATCHED, FLFANCYED18 ELAEOCARPUS DECIPIENSJAPANESE BLUEBERRY TREE45 GALN.A.12` HT. x 6` SPD.N CONICAL, 4` CT, FL FANCYEF3 EUGENIA FOETIDASPANISH STOPPER BUSH15 GAL. 1.25" CAL6` HT X 6` SPRDY FULL & THICK, BUSH, FTBJAT5 JATROPHAJATROPHA STANDARD15 GAL1.25" CAL4`-5` HT, 2`-3` SPRDN FULL, MULTI TRUNK, SPECIMEN, 2.5` C.T.TIGHT HEADSBI1 KRUGIODENDRON FERREUMBLACK IRONWOOD25 GAL1.5" CAL8-10` OAY FULL CANOPYLJ455 LIGUSTRUM JAPONICUMJAPANESE PRIVET45 GAL2" CAL6`-7` HT, MULTI TRUNK X 6` N FULL CANOPY, MULTI-STEM, LIMB UP, FLFANCYLJ653 LIGUSTRUM JAPONICUMJAPANESE PRIVET65 GAL2.5" CAL.8` HT. MULTI TRUNKN FULL CANOPY, MULTI-STEM, LIMB UP, FLFANCYQV-R5 QUERCUS VIRGINIANARELOCATED LIVE OAKEXISTING VARIESVARIESY RELOCATED FROM ON SITEQV1 QUERCUS VIRGINIANALIVE OAKFIELD GROWN 2.5"Cal12` O.A.Y SINGLE, STRAIGHT TRUNK. FULL CANOPY,SYMMETRICAL. 6` CT MIN.SG1 SIMAROUBA GLAUCAPARADISE TREE25 GAL1.5" CAL10`-12` OAY FULL CANOPYSM22 SWIETENIA MAHAGONIMAHOGANYF.G.4"-5" CAL.16` HT X 7` SPRDY FULL CANOPY, GRADE #1PALM TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSAD21 ADONIDIA MERRILLIICHRISTMAS PALMF.G.N.A.20` O.A.N DOUBLE, FULL CANOPYAD51 ADONIDIA MERRILLIICHRISTMAS PALMF.G.N.A.20` O.A.N FIVE STEM, FULL CANOPY, MATCHEDAAL9 ARCHONTOPHOENIX ALEXANDRAEALEXANDRA PALMN.A.N.A.20` O.A.N FULL CANOPY, MATCHEDCH3 CHAMAEROPS HUMILIS `SILVER SELECT` EUROPEAN FAN PALM SILVER SELECT 45 GALNA4`-5` OAN MULTI TRUNK, FULL CANOPYLL1 LATANIA LODDIGESIIBLUE LATAN PALMN.A.N.A.10`-12` O.A.N FULL CANOPYPR35 PHOENIX ROEBELINIIPYGMY DATE PALMFIELD GROWN N.A.6` OA, MULTI TRUNKN FULL SPECIMEN, TRIPLE STEMPR51 PHOENIX ROEBELINIIPYGMY DATE PALMFIELD GROWN N.A.6` OA, MULTI TRUNKN FULL SPECIMEN, FIVE STEMPHS1 PHOENIX SYLVESTRISSYLVESTER DATE PALMFIELD GROWN N.A.8` G.W.N STRAIGHT TRUNK, FULL CANOPY, MATCHED,DIAMOND CUTPEA24 PTYCHOSPERMA ELEGANSALEXANDER PALMFIELD GROWN NA10`-12` OAN FULL CANOPY, DOUBLE STEM, MATCHEDRE8 ROYSTONEA ELATAROYAL PALMFIELD GROWN NA16` GWY FULL CANOPY, MATCHEDSP-R20 SABAL PALMETTORELOCATED SABAL PALMEXISTING VARIESVARIESY EXISTING FROM ON SITETM3 THRINAX MORISIIKEY THATCH PALM45 GALNA6` HT X 5`-6` SPRDY FULL & THICK. MATCHEDSHRUBSQTYBOTANICAL NAMECOMMON NAMECONTSIZESPACENATIVEREMARKSAGG14 AGAVE `GAINSVILLE BLUE`GAINSVILLE BLUE AGAVE7 GAL2` X 2`A.S.N FULL & THICKCI370 CHRYSOBALANUS ICACOCOCO PLUM3 GAL2` X 2`2` O.C.Y FULL & THICKCI7267 CHRYSOBALANUS ICACOCOCO PLUM7 GAL2.5` X 2.5`2.5` O.C.Y FULL & THICKCS10237 CLUSIA GUTTIFERASMALL LEAF CLUSIA10 GAL4` HT., 3` SPRD3` O.C.N FULL & THICKPM7161 PODOCARPUS MACROPHYLLUSPODOCARPUS7 GAL3` X 2`2` O.C.N FULL & THICKPMC4 PODOCARPUS MACROPHYLLUSPODOCARPUS COLUMN7 GAL4` X 2`A.S.N FULL & THICK, SHEARED INTO SQUARECOLUMNPM346 PODOCARPUS MACROPHYLLUS `PRINGLES` DWARF PODOCARPUS3 GAL2` X 2`2` O.C.N FULL & THICKGROUND COVERSQTYBOTANICAL NAMECOMMON NAMECONTSIZESPACENATIVEREMARKSCID350 CHRYSOBALANUS ICACO `HORIZONTAL` DWARF COCOPLUM3 gal12" X 18"36" O.C.Y FULL & THICKCVM14 CODIAEUM x MANGOCROTON MANGO3 GAL24" X 24"2` O.C.N FULL & THICKFG535 FICUS MACROPHYLLA `GREEN ISLAND` GREEN ISLAND FICUS3 gal12" x 12"2` O.C.N FULL & THICK, FL FANCYIV101 ILEX VOMITORIA `STOKES DWARF`DWARF YAUPON HOLLY3 gal12" x 12"2` O.C.Y FULL & THICK, FL FANCYJS103 JASMINUM SIMPLICIFOLIUMWAX JASMINE3 gal18" X18"2` O.C.N FULL & THICK, FL FANCYJP70 JUNIPERUS CHINENSIS `PARSONII`PARSONI JUNIPER3 gal12" X 18"2` O.C.N FULL & THICKMUH347 MUHLENBERGIA CAPILLARISPINK MUHLY GRASS3 gal#3, 2` HT., 2` SPD., 2` OC. 2` O.C.Y FULL & THICKPD181 PODOCARPUS MACR. `PRINGLES` OR `META` DWARF PODOCARPUS7 GAL.2` x 2`2` O.C.N FULL & THICKSAV105 SCHEFFLERA ARBORICOLA `TRINETTE` DWARF VARIEGATED SCHEFFLERA 3 gal18" X18"2` O.C.N FULL & THICK, FL FANCYSB83 SPARTINA BAKERISPARTINA GRASS3 GAL2` x 2`2` O.C.Y FULL & THICKLP2by agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.COTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptDESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATELandscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic# LC-C000239DEHRODEH18-1107A1A Corner Plaza North Palm Beach, FloridaSHEETOF2LANDSCAPE PLAN 12-13-1903-04-2003-19-2007-02-2008-25-20SUA 10-08-2010-20-20SUA 10-30-2011-23-2006-18-21Landscape DetailsLANDSCAPE NOTESLANDSCAPE SPECIFICATIONSPLANTING DETAILSORANGE PLASTICCONSTRUCTION FENCINGSTEEL BARTODRIPLINENTSTREE PROTECTION DETAILPLAN VIEWNTSTREE PROTECTION DETAILSECTION VIEWORANGE PLASTICCONSTRUCTION FENCINGSTEEL BARFINISHED GRADEFENCE LOCATIONS TO BEAPPROVED IN FIELDTO DRIP LINE4'-0"ALL PLANT MATERIAL SHALL BE FLORIDA NUMBER 1 OR BETTER AS DEFINED BY THE DIVISION OF PLANT INDUSTRY'FLORIDA GRADES AND STANDARDS' LATEST EDITION.ALL LANDSCAPE SHALL CONFORM TO THE REQUIREMENTS OF NORTH PALM BEACH LAND DEVELOPMENT REGULATIONS.NORTH PALM BEACH LANDSCAPE CODE (LDRs) SHALL GOVERN IN THE EVENT OF A CONFLICT.VEGETATION REMOVAL PERMITS ARE REQUIRED PRIOR TO REMOVING, CLEARING OR STRIPPING ANY VEGETATION FROMTHE PROPERTY.AT THE TIME OF BUILDING PERMIT, THE APPLICANT SHALL EXECUTE HOLD HARMLESS AGREEMENTS WITH ALL APPLICABLEUTILITIES FOR LANDSCAPING WITHIN UTILITY EASEMENTS.THE LANDSCAPE CONTRACTOR SHALL NOT MAKE ANY SUBSTITUTIONS AND/ OR CHANGES WITHOUT THE AUTHORIZATIONOF NORTH PALM BEACH, THE OWNER AND THE LANDSCAPE ARCHITECT.THE LANDSCAPE CONTRACTOR SHALL REVIEW THE PROJECT DRAINAGE AND UTILITY PLANS PRIOR TO CONSTRUCTIONAND AVOID ALL CONFLICTS. THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUNDUTILITIES PRIOR TO COMMENCING WORK.THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PERMITS.THE CONTRACTOR SHALL COORDINATE THE PLANTING AND TRIMMING OF STREET TREES TO ENSURE FULL VISIBILITY TOTRAFFIC CONTROL AND SAFETY SIGNAGETREES SHALL BE POSITIONED TO AVOID CONFLICTS WITH SIGNAGE AND SITE LIGHTING. LARGER TREES WILL BEPROVIDED AT INTERSECTIONS WHERE DEEMED NECESSARY.ALL VEGETATION SHALL BE SELECTED AND POSITIONED SO THAT IT DOES NOT PRESENT OBSTRUCTIONS TO THE LINE OFSIGHT AT INTERSECTIONS PURSUANT TO NORTH PALM BEACH CODE.ALL ABOVE GROUND UTILITIES I.E. TRANSFORMERS, SWITCH BOXES, AC CONDENSERS AND ALIKE SHALL BE FULLYSCREENED FROM VIEW ON THREE SIDES WITH LANDSCAPING. THE LANDSCAPING SHALL TO THE TALLEST POINT OF SAIDEQUIPMENT AT TIME OF PLANTING.ALL TREES SHALL BE LOCATED WITHIN A MULCH PLANTING BED WITH A MINIMUM OF TWO (2) FEET OF CLEARANCE TOTHE EDGE OF THE BED.SOD AND IRRIGATION SHALL BE INSTALLED IN ANY ADJACENT RIGHT OF WAY BETWEEN THE SIDEWALK AND THE CURB.ALL SOD SHALL BE STENOTAPHRUM SECONDATUS FLORITAM-PALMETTO (ST. AUGUSTINE SOD).TREES WITHIN PLANTING ISLANDS LESS THAN FIVE (5) FEET IN WIDTH SHALL BE LOCATED TO AVOID CONFLICTS WITHTHE OVERHANG OF VEHICLES.TYPE D RAISED CONCRETE CURBING SHALL BE PROVIDED AROUND ALL PLANTING ISLANDS WITHIN VEHICULAR USEAREAS.TREES AT ENTRANCE WAYS AND WITHIN SIGHT TRIANGLES SHALL BE TRIMMED IN SUCH A FASHION TO MINIMIZE SITEVISIBILITY CONFLICTS. CLEAR VISIBILITY SHALL BE MAINTAINED BETWEEN 30 INCHES AND 7 FEET. TEN FOOT BY THIRTYFOOT SIGHT VISIBILITY TRIANGLES SHALL BE PROVIDED AT THE INTERSECTIONS WITH THE PUBLIC RIGHT OF WAY. INADDITION ALL LANDSCAPING SHALL CONFORM TO THE REQUIREMENTS OF FDOT INDEX 546.EARTH BERMS SHALL NOT EXCEED A 3:1 SLOPE 4:1 SLOPES OR GREATER ARE PREFERABLE.ALL TREES PLANTED UNDER OR ADJACENT TO FPL POWER LINES WILL COMPLY WITH THE FPL RIGHT TREE IN THE RIGHTPLACE GUIDELINES (REV 5/95)PERIMETER TREES AT THE TIME OF PLANTING SHALL BE SPACED IN A WAY THAT COMPLEMENTS THE SPACING OF ANYEXISTING TREES ON ADJACENT DEVELOPED AREAS.ALL LANDSCAPE ISLANDS AND BEDS SHALL BE FREE FROM SHELL ROCK AND CONSTRUCTION DEBRIS, EXCAVATED TO ADEPTH OF 30 INCHES OR TO CLEAN NATIVE SOILS AND FILLED WITH THE SPECIFIED BACKFILL MIXTURE.ALL LANDSCAPE ISLANDS SHALL INCORPORATE THE INSTALLATION OF MOUNDING OF NATIVE SOILS A MINIMUM OF SIXINCHES (6") ABOVE THE TOP OF CURB.19.5" 'BIO BARRIER' ROOT BARRIER SHALL BE PROVIDED FOR SHADE TREES PLANTED WITHIN SIX (6') FEET OF PUBLICCURBS, SIDEWALKS OR PUBLIC RIGHT OF WAYS. ALL ROOT BARRIER SHALL BE INSTALLED IN ACCORDANCE WITH THEMANUFACTURES RECOMMENDATIONS. THE TOTAL LENGTH OF THE ROOT BARRIERS SHALL BE 20' ADJACENT TO THESIDEWALK AND 20' ADJACENT TO THE CURB.ALL AREAS SHALL BE FULLY IRRIGATED IN ACCORDANCE WITH THE REQUIREMENTS OF NORTH PALM BEACH. THEIRRIGATION WATER SOURCE SHALL BE WELL WATER FOR COMMON AREAS AND POTABLE WATER AROUND THE BUILDINGFOUNDATION.CATCH BASINS AND DRAINAGE SHALL NOT BE LOCATED WITH IN REQUIRED PERIMETER BUFFERS OR PRESERVE AREAS.THE IRRIGATION SYSTEM SHALL BE DESIGNED TO PROVIDE 100% OVERLAP COVERAGE TO ALL LANDSCAPE AND SODAREAS.THE IRRIGATION SYSTEM SHALL BE EQUIPPED WITH A RAIN SENSOR/CUT OFF SWITCH IN ACCORDANCE WITH STATE ANDLOCAL REQUIREMENTS.EXISTING TREES AND VEGETATION TO REMAIN SHALL BE STAKED AND BARRICADED PRIOR TO ANY LAND CLEARING.TREES TO BE RELOCATED SHALL BE ROOT PRUNED AND PROTECTED DURING CONSTRUCTION.ALL TREES PROPOSED TO BE PRESERVED ON SITE SHALL BE PROTECTED IN ACCORDANCE WITH THE VEGETATIONREMOVAL REQUIREMENTS OF NORTH PALM BEACH PRIOR TO THE ISSUANCE OF A C.O.ANY AREA DESIGNATED WITH EXISTING VEGETATION TO REMAIN THAT IS DISTURBED DURING CONSTRUCTION WILL BERESTORED WITH NATIVE PLANTINGS.EXISTING TREES PRESERVED OR RELOCATED ON SITE SHALL BE PRUNED ACCORDING TO ANSI A300 STANDARDS OR BY ANISA CERTIFIED ARBORIST.ALL EXISTING LANDSCAPING AND TREES TO REMAIN SHALL BE BARRICADED WITH ORANGE CONSTRUCTION BARRICADE.THE BARRICADE SHALL BE INSTALLED AT THE DRIP LINE OF THE TREE/PALM OR AT THE EDGE OF THE SHRUB MASS.BARRICADES SHALL REMAIN IN PLACE THROUGHOUT THE DURATION OF CONSTRUCTION.EXISTING, SUITABLE NATIVE VEGETATION LOCATED WITHIN THE PROPOSED DEVELOPMENT AREAS SHALL BE RELOCATEDTO SUPPLEMENT THE LANDSCAPING. NATIVE VEGETATION SHALL BE RELOCATED BY TREE SPADE OR CRANE. PRIOR TOTHE CLEARING OF THE SITE THE APPLICANT SHALL IDENTIFY ALL NATIVE VEGETATION TO BE RELOCATED.RELOCATION METHODOLOGY: EXISTING NATIVE VEGETATION DETERMINED TO BE SUITABLE FOR RELOCATION SHALL BERELOCATED TO TARGET AREAS USING HYDROLOGIC TREE SPADES. THE SIZE OF SPADE SHALL VARY FROM 90" TO 45"DEPENDING ON THE SIZE AND TYPE OF VEGETATION TO BE MOVED. THE APPLICANT SHALL IDENTIFY PRIOR TO THECLEARING OF THE SITE ALL EXISTING NATIVE VEGETATION TO BE RELOCATED. FOLLOWING RELOCATION, VEGETATIONSHALL BE WATERED DAILY FOR A PERIOD NOT LESS THAN 90 DAYS AFTER WHICH IT SHALL BE WATERED ON AN AS NEEDBASIS TO INSURE SURVIVAL. AT A MINIMUM THE APPLICANT SHALL INSURE 60% SURVIVAL FOR ALL RELOCATED PLANTMATERIAL.ALL INVASIVE PLANT MATERIAL WILL BE REMOVED PRIOR TO ANY NEW LANDSCAPE INSTALLATION.1. GENERAL LANDSCAPE REQUIREMENTSLANDSCAPE CONTRACT WORK INCLUDES, BUT IS NOT LIMITED TO, SOIL PREPARATION, FINE OR FINISHGRADING, FURNISHING AND INSTALLING PLANT MATERIAL, WATERING, STAKING, GUYING ANDMULCHING.PLANT SIZE AND QUALITYTREES, PALMS, SHRUBS, GROUNDCOVERS:PLANT SPECIES AND SIZES SHALL CONFORM TO THOSE INDICATED ON THE DRAWINGS,NOMENCLATURE SHALL CONFORM TO STANDARD PLANT NAMES, 1942 EDITION. ALL NURSERY STOCKSHALL BE IN ACCORDANCE WITH GRADES AND STANDARDS FOR NURSERY PLANTS PARTS I & II, LATESTEDITION PUBLISHED BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,UNLESS SPECIFIED OTHERWISE. ALL PLANTS SHALL BE FLORIDA GRADE NUMBER 1 OR BETTER ASDETERMINED BY THE FLORIDA DIVISION OF PLANT INDUSTRY.ALL CONTAINER GROWN MATERIAL SHALL BE HEALTHY, VIGOROUS, WELL-ROOTED PLANTS ANDESTABLISHED IN THE CONTAINER IN WHICH THEY ARE SOLD. THE PLANTS SHALL HAVE TOPS OF GOODQUALITY AND BE IN A HEALTHY GROWING CONDITION.AN ESTABLISHED CONTAINER GROWN PLANT SHALL BE TRANSPLANTED INTO A CONTAINER ANDGROWN IN THAT CONTAINER SUFFICIENTLY LONG ENOUGH FOR THE NEW FIBROUS ROOTS TO HAVEDEVELOPED SO THAT THE ROOT MASS WILL RETAIN ITS SHAPE AND HOLD TOGETHER WHEN REMOVEDFROM THE CONTAINER.STANDARD PLANTING MIXTURE SHALL BE ONE (1) PART RECYCLED ORGANIC MATERIAL ADDED TOTHREE (3) PARTS EXISTING NATIVE SOIL.REPLACEMENT SOIL SHALL BE USED AS SPECIFIED TO REPLACE EXISTING SOILS THAT ARE DETERMINEDBY THE LANDSCAPE ARCHITEC TO BE UNSUITABLE FOR PLANTING, IE. ROAD BASE, PAVEMENT, ETC.REPLACMENT SOIL MIX SHALL CONTAIN 60% SAND AND 40% MUCK. SAND SHALL BE 100% CLEANNATIVE SAND SCREENED TO 1/4" AND MUCK SHALL BE 100% CLEAN ORGANIC NATIVE MUCK SCREENEDTO 1/2". ALL SOIL SHALL BE MIXED PRIOR TO DELIVERY ON SITE.MULCH SHALL BE SHREDDED MELALEUCA, EUCALYPTUS OR GRADE "A" RECYCLED. ALL MULCH IS TO BEAPPLIED TO A DEPTH OF 3", EXCEPT AS OTHERWISE NOTED.FERTILIZER IN BACKFILL MIXTURE FOR ALL PLANTS SHALL CONSIST OF MILORGANITE ACTIVATEDSLUDGE MIXED WITH THE BACKFILL AT A RATE OF NOT LESS THAN 50 LBS. PER CUBIC YARD.FERTILIZER FOR TREES AND SHRUBS MAY BE TABLET FORM OR GRANULAR. GRANULAR FERTILIZERSHALL BE UNIFORM IN COMPOSITION, DRY AND FREE-FLOWING. THIS FERTILIZER SHALL BEDELIVERED TO THE SITE IN THE ORIGINAL UNOPENED BAGS, EACH BEARING THE MANUFACTURER'SSTATEMENT OF ANALYSIS, AND SHALL MEET THE FOLLOWING REQUIREMENTS: 16% NITROGEN, 7%PHOSPHORUS, 12% POTASSIUM, PLUS IRON. TABLET FERTILIZER (AGRIFORM OR EQUAL) IN 21 GRAMSIZE SHALL MEET THE FOLLOWING REQUIREMENTS: 20% NITROGEN, 10% PHOSPHORUS AND 5%POTASSIUM.FERTILIZER WILL BE APPLIED AT THE FOLLOWING RATES:PLANT SIZE 16-7-12 AGRIFORM TABLETS (21 GRAM)1 GAL. 1/4 LB. 13 GAL. 1/3 LB. 37-15 GAL. 1/2 LB. 61"-6" CALIPER 2 LBS./1" CALIPER 2 PER 1" CALIPER6" AND LARGER 3 LBS./1" CALIPER 2 PER 1" CALIPER"FLORIDA EAST COAST PALM SPECIAL" SHALL BE APPLIED TO ALL PALMS AT INSTALLATION AT A RATEOF ½ LB. PER INCH OF TRUNK UNLESS OTHERWISE SPECIFIED.FIELD GROWN TREES AND PALMS PREVIOUSLY ROOT PRUNED SHALL OBTAIN A ROOT BALL WITHSUFFICIENT ROOTS FOR CONTINUED GROWTH WITHOUT RESULTING SHOCK.CONTRACTOR SHALL NOT MARK OR SCAR TRUNK IN ANY FASHION.PLANTS SHALL BE WATERED AS NECESSARY OR WITHIN 24 HOURS AFTER NOTIFICATION BY THELANDSCAPE ARCHITECT.THE LOCATIONS OF PLANTS, AS SHOWN IN THESE PLANS, ARE APPROXIMATE. THE FINAL LOCATIONSMAY BE ADJUSTED TO ACCOMMODATE UNFORESEEN FIELD CONDITIONS. MAJOR ADJUSTMENTS TOTHE LAYOUT ARE TO BE APPROVED BY THE LANDSCAPE ARCHITECT.ALL PLASTIC FABRIC SHALL BE REMOVED FROM PLANT MATERIAL AT TIME OF INSTALLATION.ALL TREES MUST BE STAKED AS SHOWN ON THE PLANTING DETAILS WITHIN 24 HOURS OF PLANTING.STAKES TO REMAIN FOR A MINIMUM OF 9 MONTHS, BUT NO LONGER THAN 18 MONTHS. CONTRACTORIS RESPONSIBLE FOR MAINTENANCE AND REMOVAL OF THE STAKES.ALL TREES MUST BE PRUNED AS PER LANDSCAPE ARCHITECT'S DIRECTION. SABAL PALMS MAY BEHURRICANE CUT.ALL SHRUBS, TREES AND GROUND COVER WILL HAVE IMPROVED SOIL AS PER PLANTING SOIL NOTES.THE SOILS SHALL BE PLACED IN THE HOLE DURING PLANTING. TOP DRESSING ONLY IS NOTACCEPTABLE.DO NOT ALLOW AIR POCKETS TO FORM WHEN BACKFILLING. ALL TREES SHALL BE SPIKED IN UTILIZINGWATER AND A TREE BAR.THE LANDSCAPE CONTRACTOR SHALL WATER, MULCH, WEED, PRUNE, AND OTHERWISE MAINTAIN ALLPLANTS, INCLUDING SOD, UNTIL COMPLETION OF CONTRACT OR ACCEPTANCE BY LANDSCAPEARCHITECT. SETTLED PLANTS SHALL BE RESET TO PROPER GRADE, PLANTING SAUCERS RESTORED,AND DEFECTIVE WORK CORRECTED.THE LANDSCAPE CONTRACTOR SHALL AT ALL TIMES KEEP THE PREMISES FREE FROM ACCUMULATIONOF WASTE MATERIALS OR DEBRIS CAUSED BY HIS CREWS DURING THE PERFORMANCE OF THE WORK.UPON COMPLETION OF THE WORK, THE CONTRACTOR SHALL PROMPTLY REMOVE ALL WASTEMATERIALS, DEBRIS, UNUSED PLANT MATERIAL, EMPTY PLANT CONTAINERS AND ALL EQUIPMENT FROMTHE PROJECT SITE.UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE LANDSCAPEARCHITECT AND REQUEST A FINAL INSPECTION. ANY ITEMS THAT ARE JUDGED INCOMPLETE ORUNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER'S REPRESENTATIVE SHALL BE CORRECTEDBY THE LANDSCAPE CONTRACTOR WITHIN 14 DAYS.ALL LABOR AND MATERIAL FOR SOIL AMENDMENTS AND FERTILIZER THAT IS REQUIRED TO INSURETHE SUCCESSFUL ESTABLISHMENT AND SURVIVAL OF THE PROPOSED VEGETATION, AS WELL AS ALLTHE COST FOR THE REMOVAL OF UNSUITABLE OR EXCESS BACKFILL MATERIAL, SHALL BE INCLUDED INTHE CONTRACTOR'S BID TO PERFORM THE WORK REPRESENTED IN THIS PLAN SET.2. PLANTING TREESEXCAVATE PIT AS PER PLANTING DETAILS.BACKFILL AROUND BALL WITH STANDARD PLANTING MIXTURE AND SLIGHTLY COMPACT, WATERTHOROUGHLY AS LAYERS ARE PLACED TO ELIMINATE VOIDS AND AIR POCKETS. BUILD A 6" HIGH BERMOF STANDARD PLANTING MIXTURE BEYOND EDGE OF EXCAVATION. APPLY 3" (AFTER SETTLEMENT) OFMULCH EXCEPT WITHIN 6" OF TRUNK.PRUNE TREE TO REMOVE DAMAGED BRANCHES, IMPROVE NATURAL SHAPE AND THIN OUT STRUCTURE.DO NOT REMOVE MORE THAN 15% OF BRANCHES. DO NOT PRUNE BACK TERMINAL LEADER.GUY AND STAKE TREE IN ACCORDANCE WIT THE STAKING DETAILS IMMEDIATELY AFTER PLANTING.3. PLANTING SHRUBSLAYOUT SHRUBS TO CREATE A CONTINUOUS SMOOTH FRONT LINE AND FILL IN BEHIND.EXCAVATE PIT OR TRENCH TO 1-1/2 TIMES THE DIAMETER OF THE BALLS OR CONTAINERS OR 1'-0"WIDER THAN THE SPREAD OF ROOTS FOR POSITIONING AT PROPER HEIGHT. BACKFILL AROUNDPLANTS WITH STANDARD PLANTING MIXTURE, COMPACTED TO ELIMINATE VOIDS AND AIR POCKETS.FORM GRADE SLIGHTLY DISHED AND BERMED AT EDGES OF EXCAVATION. APPLY 3" OF MULCH EXCEPTWITHIN 3" OF STEMS.PRUNE SHRUBS TO REMOVE DAMAGED BRANCHES, IMPROVE NATURAL SHAPE AND THIN OUTSTRUCTURE. DO NOT REMOVE MORE THAN 15% OF BRANCHES.4. PLANTING GROUND COVERLOOSEN SUBGRADE TO DEPTH OF 4" IN AREAS WHERE TOPSOIL HAS BEEN STRIPPED AND SPREADSMOOTH.SPACE PLANTS AS OTHERWISE INDICATED. DIG HOLES LARGE ENOUGH TO ALLOW SPREADING OFROOTS. COMPACT BACKFILLTO ELIMINATE VOIDS AND LEAVE GRADE SLIGHTLY DISHED AT EACHPLANT. WATER THOROUGHLY. APPLY 3" OF MULCH OVER ENTIRE PLANTING BED, LIFTING PLANTFOLIAGE ABOVE MULCH.DURING PERIODS OF HOT SUN AND/OR WIND AT TIME OF PLANTING, PROVIDE PROTECTIVE COVERFOR SEVERAL DAYS OR AS NEEDED.5. PLANTING LAWNSSODDING: SOD TYPE SPECIFIED ON PLANT LIST SHALL BE MACHINE STRIPPED NOT MORE THAN 24HOURS PRIOR TO LAYING.LOOSEN SUBGRADE TO DEPTH OF 4" AND GRADE WITH TOPSOIL EITHER PROVIDED ON SITE ORIMPORTED STANDARD PLANTING MIX TO FINISH DESIGN ELEVATIONS. ROLL PREPARED LAWNSURFACE. WATER THOROUGHLY, BUT DO NOT CREATE MUDDY SOIL CONDITION.FERTILIZE SOIL AT THE RATE OF APPROXIMATELY 10 LBS. PER 1,000 S.F. SPREAD FERTILIZER OVERTHE AREA TO RECEIVE GRASS BY USING AN APPROVED DISTRIBUTION DEVICE CALIBRATED TODISTRIBUTE THE APPROPRIATE QUANTITY. DO NOT FERTILIZE WHEN WIND VELOCITY EXCEEDS 15M.P.H. THOROUGHLY MIX FERTILIZER INTO THE TOP 2" OF TOPSOIL.LAY SOD STRIPS WITH TIGHT JOINTS, DO NOT OVERLAP, STAGGER STRIPS TO OFFSET JOINTS INADJACENT COURSES. WORK SIFTED STANDARD PLANTING MIXTURE INTO MINOR CRACKS BETWEENPIECES OF SOD AND REMOVE EXCESS SOIL DEPOSITS FROM SODDED AREAS. SOD ON SLOPES GREATERTHAN 3:1 SHALL BE STAKED IN PLACE. ROLL OR STAMP LIGHTLY AND WATER THOROUGHLY WITH AFINE SPRAY IMMEDIATELY AFTER PLANTING.6. MISCELLANEOUS LANDSCAPE WORKLANDSCAPE MAINTENANCEMAINTAIN LANDSCAPE WORK UNTIL FINAL ACCEPTANCE IS ISSUED BY THE OWNER'S REPRESENTATIVE.INCLUDE WATERING, WEEDING, CULTIVATING, RESTORATION OF GRADE, MOWING AND TRIMMINGGRASS, PRUNING TREES AND SHRUBS, PROTECTION FROM INSECTS AND DISEASES, FERTILIZING ANDSIMILAR OPERATIONS AS NEEDED TO INSURE NORMAL GROWTH AND GOOD HEALTH FOR LIVE PLANTMATERIAL.PLANT MATERIAL SUBSTITUTIONNO SUBSTITUTION OF PLANT MATERIAL, TYPE OR SIZES WILL BE PERMITTED WITHOUTAUTHORIZATION FROM THE LANDSCAPE ARCHITECT.PLANTING BED PREPARATIONALL PLANTING BEDS SHALL BE PROPERLY PREPARED PRIOR TO THE COMMENCEMENT OF ANY PLANTING.PLANTING AREAS, INCLUDING LAWNS SHALL BE FREE OF ALL WEEDS AND NUISANCE VEGETATION. IFTORPEDO GRASS (PANICUM REPENS) IS PRESENT OR ENCOUNTERED DURING PLANTING, THELANDSCAPE CONTRACTOR SHALL STOP ALL PLANTING UNTIL IT CAN BE DEMONSTRATED THAT IT HASBEEN COMPLETELY REMOVED OR ERADICATED. THERE SHALL BE NO EXCEPTIONS TO THIS PROVISION.ALL LANDSCAPE ISLANDS AND BEDS WILL BE FREE OF SHELL ROCK AND CONSTRUCTION DEBRIS ANDWILL BE EXCAVATED TO A DEPTH OF 30 INCHES OR TO CLEAN, NATIVE SOIL AND FILLED WITH THESPECIFIED REPLACMENT SOIL.LANDSCAPE WARRENTYTHE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL PLANT MATERIAL FOR A PERIOD OF SIX (6)MONTHS FROM THE DATE OF CONDITIONAL ACCEPTANCE IN WRITING FROM THE LANDSCAPEARCHITECT. AT THE TIME OF CONDITIONAL ACCEPTANCE, THE SIX (6) MONTH PERIOD SHALLCOMMENCE. ANY MATERIALS WHICH HAVE DIED OR DECLINED TO THE POINT WHERE THEY NOLONGER MEET FLORIDA #1 CONDTION DURING THIS PERIOD SHALL BE PROMPTLY REPLACED WITHSPECIMENS THAT MEET THE MINIMUM REQUIREMENTS CALLED FOR ON THE DRAWINGS. THELANDSCAPE CONTRACTOR SHALL NOT BE HELD RESPONSIBLE FOR THE DEATH OR DAMAGE RESULTINGFROM ACTS OF GOD SUCH AS LIGHTNING, VANDALISM, AND AUTOMOBILES OR FROM NEGLIGENCE BYTHE OWNER. CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING AND OTHERWISE MAINTAININGPLANTS UP TO THE CONDITIONAL ACCEPTANCE PERIOD, UNLESS A WRITTEN AGREEMENT WITH THELANDSCAPE ARCHITECT PROVIDES FOR A DIFFERENT ARRANGEMENT.PLANT LISTLandscape DetailsLARGE TREE PLANTING DETAILNTSPLACE RUBBER HOSE ON WIRE AT ALLPOINTS OF CONTACT WITH TREEPLACE 3 (DOUBLE STRANDS) 12 GAUGE GALVANIZEDGUY WIRE, SPACED EQUAL DISTANCE AROUND TREEABOVE FIRST LATERAL BRANCHPLACE SAFETY FLAGS ON GUY WIRESTWIST WIRES TO ADJUST TENSION ON GUY WIREREMOVE BURLAP FROM TOP 1/3 OF ROOTBALL IFAPPLICABLE3" MULCHFORM SAUCER WITH 4"-6" CONTINUOUS EARTHENRIM AROUND PLANTING HOLE2"x4"x24" WOOD STAKE DRIVEN 3" BELOW GRADEPLANTING PIT DEPTH SHALL EQUAL DEPTH OF ROOTBALL PLUS 6" FOR SETTING LAYER OF COMPACTEDSTANDARD PLANTING MIXTURE. PLANTING PIT WIDTHSHALL BE TWICE THE DIAMETER OF ROOT BALLBACK FILL AROUND ROOT BALL WITH STANDARDPLANTING MIXTURE. ELIMINATE AIR POCKETS.PLANT TOP OF ROOT BALL SLIGHTLYHIGHER THAN FINISHED GRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PITSHRUB/GROUNDCOVER PLANTING DETAILNTS3" MULCHFORM SAUCER WITH 3" CONTINUOUS EARTHENRIM AROUND PLANTING HOLEPLANTING PIT DEPTH SHALL BE 4"-6" GREATERTHAN ROOT BALL. PLANTING PIT WIDTH SHALLBE TWICE THE DIAMETER FOR ROOT BALLS 2'AND UNDER OR 2' LARGER IN DIAMETER FORROOT BALLS OVER 2'.BACK FILL AROUND ROOT BALL WITHSTANDARD PLANTING MIX. ELIMINATE AIRPOCKETS.PLACE TOP OF ROOT BALL 2" ABOVE FINISHEDGRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PITNTSROOT BARRIER DETAILPLAN VIEW20 LF OF 19.5 INCH DEEP "BIO BARRIER"ROOT BARRIER INSTALLED IN ACCORDANCEWITH MANUFACTURER'S INSTRUCTIONS.ROOT BARRIER TO BE INSTALLED FLUSHWITH CURB OR SIDEWALK.SIDEWALKCURB10'10'20'ROOT BARRIER10'10'20'ROOT BARRIERNTSROOT BARRIER DETAILSECTION VIEWFINISHED GRADECURB OR SIDEWALKTOP OF ROOT BARRIER TOBE INSTALL 1/4" BELOWTOP OF CURB/SIDEWALK.CURB OR SIDEWALK20 LF OF 19.5 INCH DEEP "BIO BARRIER" ROOTBARRIER INSTALLED IN ACCORDANCE WITHMANUFACTURER'S INSTRUCTIONS. ROOT BARRIERTO BE INSTALLED FLUSH WITH CURB OR SIDEWALK.19.5"2"x4" WOOD BRACE2"x4" WOOD STAKEWITH BOARDS POSITIONED FACETO FACE, NAIL BRACE SECURELYTO WOOD STAKE BELOW FINISHEDGRADENTSEXISTING SOILWOOD STAKING DETAILSABAL PALM PLANTING DETAILCLEAR TRUNK (CT)HEIGHT VARIESFINISHEDGRADENTSNO ABRUPT TRUNK CONSTRICTIONSSABAL PALMS TO BE SLICK TRUNK (UNLESSOTHERWISE NOTED)5 - 2"x4"x18" WOOD BATTENS OVER 5 LAYERSOF BURLAP. DO NOT NAIL BATTENS TO PALM.HEIGHT OF BATTENS SHALL BE LOCATED INRELATION TO THE HEIGHT OF THE PALM FORADEQUATE BRACING2 STEEL BANDSMINIMUM 3 - 2"x4" WOOD BRACES SHALL BETOE NAILED TO WOOD BATTENSPLANT ROOT BALL SLIGHTLY ABOVE FINISHEDGRADE3" MULCHFORM SAUCER WITH 4"-6" CONTINUOUSEARTHEN RIM AROUND PLANTING HOLE2"x4"x24" WOOD STAKE REMAINING 3"ABOVE GRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PIT ONUNDISTURBED SUBGRADE TO PREVENT SETTLINGMINIMUM ROOT BALL SIZE AS PER GRADES & STANDARDS.BACK FILL AROUND ROOT BALL WITH STANDARDPLANTING MIXTURE. JET IN WITH WATER HOSE TOELIMINATE AIR POCKETS.EXISTING SUBGRADESAFETY FLAGDIAMETER OF THE HOLE SHALL BE TWICE THE BALLDIAMETER. FOR ROOT BALLS 2' AND GREATER, THEHOLE SHALL BE 2' LARGER THAN THE BALL DIAMETER.FOR REGENERATED PALMS, ROOT PRUNEMINIMUM 8 WEEKS, MAXIMUM 12 WEEKSSKIRT SHALL BE NEAT AND MATCHEDON ALL PALMSAUGUST 26, 2020 (Rev C-16)Typical Shrub, Small Tree or Exotic Palm Tree with Root BarrierAUGUST 26, 2020 (Rev C-16)Palm Tree with Root BarrierTypical Canopy Tree, Large or W W W W 86CONVENIENCESTORE 70433,109 S.FRETAILSTORE4,232 SF8781123456789101112131415161718192021222324252627282930EXISTING TREE TO REMAINEXISTING TREE TO BE REMOVEDEXISTING TREE TO BE RELOCATEDby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.COTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptDESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATELandscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic# LC-C000239DEHRODEH18-1107A1A Corner Plaza North Palm Beach, FloridaSHEETOF 1TREE DISPOSITION PLAN 03-04-2003-19-2007-02-2008-25-2010-20-2011-23-2006-18-21NorthTree Disposition Plan40'Scale: 1" = 20'-0"10' 20'60'80'0'TDP1 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Director of Community Development DATE: August 12, 2021 SUBJECT: ORDINANCE 1ST READING – Establishing a Zoning in Progress for the Construction of Single-Family Homes in the R-1 Single-Family Zoning District At the March 2nd Planning Commission meeting, staff gave a presentation about large homes that are being constructed in the Village and options that are available to address concerns being raised by residents, Planning Commission members, and the Village Council. Staff then gave a similar presentation to the Village Council at its April 8th meeting. The Council discussed possible strategies to develop and implement a revised code, including a moratorium on tear-downs and rebuilds or an expedited process to develop new code provisions. Staff requested time to evaluate strategies in order to accomplish Council’s policy objectives. At a Village Council Workshop held on May 13, 2021, Village staff shared some preliminary observations about the housing trends in the Village with the Council and discussed possible methods to address Council’s policy direction. Specifically, staff recommended establishing a “Zoning in Progress” (ZIP) that would continue to allow redevelopment of residential properties within certain parameters until amendments to the Code can be adopted. Staff then drafted a Zoning in Progress Ordinance and brought it to the Planning Commission on June 8th for input and a recommendation. The Ordinance was brought to Village Council initially on July 8, 2021, but was ultimately tabled, as two council members were absent. Background: The discussions before the Planning Commission and Village Council in March, April, May, and June were not the first times in recent years that the character of North Palm Beach’s new housing stock was questioned. A major concern identified in the Citizens’ Master Plan was to “make sure the mass of new houses is compatible with adjacent houses”. A high priority task included in the Master Plan is to “establish regulations for infill single-family that ensure compatibility in the neighborhoods”. Since adoption of the Master Plan, reviewing the Village’s residential zoning code has been listed as a high priority task in the Village Council’s Strategic Plan. Based on feedback from the Planning Commission, Village Council, and the community, along with knowledge of best practices in other municipal zoning codes, staff believes there are a myriad of issues to address during the residential code re-write process. However, much like the commercial code re-write, this a substantial undertaking that may take well over a year to complete. The Village is currently in the midst of a significant residential building boom, where smaller homes are being torn down and replaced with much larger homes. Some residents believe these new homes are permanently altering the character of the community. Establishing a ZIP will allow the Village to temporarily create standards for properties in the R-1 Zoning District, while more comprehensive code revisions are workshopped and evaluated. Zoning in Progress Ordinance At the May 13th Village Council Workshop, staff recommended establishing a Zoning in Progress for the R-1 Single Family Zoning District. The Village Council supported the concept and asked staff to draft an ordinance that would limit the mass of two-story homes, create minimum landscaping requirements, and establish a maximum building height. As proposed, the ZIP will allow new construction and renovations to occur within certain parameters while the Village is undergoing the process of creating permanent updates to the R-1 code. The ZIP is proposed to last six months from the date of adoption, with the possibility of a further six-month extension by Village Council. As proposed, the ZIP Ordinance will establish regulations for three issues that have been identified in the R-1 Zoning District: A. Minimum Landscaped Area-There is currently no minimum required landscaped area or impervious surface restriction in the R-1 Zoning District. The proposed ZIP requires: -All one-story single-family homes shall have a minimum landscaped area of thirty-five percent (35%) -All two-story single-family homes shall have a minimum landscaped area of forty percent (40%) -All single-family homes (both one and two story) shall provide a minimum landscaped area of fifty percent (50%) in the required twenty-five foot (25’) front yard setback. Properties with frontage along collector roads (Lighthouse Drive and Prosperity Farms Road) shall provide a minimum landscaped area of forty percent (40%) in the required twenty-five foot (25’) front setback. Properties that have an irregular lot shape, meaning a lot which is not close to rectangular or square, and in which the width of the property at the front property line is less than seventy-five (75) feet shall provide a minimum landscaped area of twenty-five percent (25%) in the required twenty-five foot (25’) front setback. For the purposes of this subsection, the term minimum landscaped area shall mean a pervious landscaped area unencumbered by structures, buildings, paved or grass parking lots, sidewalks, pools, decks, or any impervious surface. Landscape material shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, or decorative rock or bark. No landscape material shall be used fo r parking. With respect to building permits for renovations of existing single -family homes, the minimum landscaped area standards shall apply only to the extent that the proposed scope of work impacts the applicable standard. B. Building Height-The code currently limits homes to a maximum of two-stories, but does not establish a maximum building height in feet. The proposed ZIP requires: All single-family homes shall be limited to two stories and thirty feet (30’) in height. For the purposes of this subsection, height shall be measured from the average elevation of the existing grade prior to land alteration for properties outside of special flood hazard areas and from the required base flood elevation for properties within special flood hazard areas. Height shall be measured to the highest point of the following: (1) the coping of a flat roof; (2) the average height level between the eaves and roof ridges or peak for gable, hip or gambrel roofs; (3) deck lines on a mansard roof; or (4) the average height between high and low points for a shed roof. Decorative architectural elements, chimneys, mechanical equipment, non-habitable cupolas, elevator shafts or similar appurtenances shall be excluded from the foregoing height restrictions. C. Second-story floor area-There are currently no restrictions on the mass of two-story homes. The proposed ZIP requires: The floor area of the second story of a single-family home shall be limited to seventy-five percent (75%) of the floor area of the first story. For the purposes of this subsection, floor area shall mean all usable floor space within the exterior walls of a structure and shall include roofed patios or balconies for the second story. D. Minor deviations- Staff has added a new provision to allow the Community Development Director to approve minor deviations from the criteria set forth in the Ordinance. The Ordinance provides that the Community Development Director may approve minor deviations to the standard set forth in the Ordinance provided that the proposed residence otherwise meets the general intent of the Ordinance and the deviation does not: (1) Exceed the maximum building height by more than five (5) feet; (2) Reduce the required minimum landscaped area by more than five percent (5%); and (3) Increase the floor area of the second story by more than five percent (5%). Ad Hoc Committee Staff is recommending the Village Council create an Ad-Hoc Committee to evaluate code changes during the ZIP. Village Staff and the Ad-Hoc Committee will conduct a series of public meetings to discuss and consider opportunities to improve the Village’s R-1 Zoning Code. Ultimately, the Ad-Hoc Committee will create recommended code changes, which will come back before the Planning Commission and Village Council for final adoption in Ordinance form. Village Staff would like the Ad-Hoc Committee to be appointed at the August 26th meeting, so that code changes can be worked on right away during the ZIP. Staff recommends appointing no more than seven members to the Ad-Hoc Committee. Ideally the Ad-Hoc Committee will be comprised of a cross section of residents with experience in fields such as: building construction, architecture, landscape architecture, planning, real estate, law, and similar fields. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the Zoning in Progress as drafted. The Planning Commission previously voted to nominate Chairman Cory Cross as the Planning Commission representative on the Ad-Hoc Committee and to recommend former Commissioner Jake Furlott as a member as well. Recommendation: Village Staff and the Planning Commission recommend Council consideration and approval of the attached Ordinance establishing a Zoning in Progress for the Construction of Single-Family Homes in the R-1 Single-Family Zoning District. Page 1 of 4 ORDINANCE NO. _____ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, ESTABLISHING A ZONING IN PROGRESS FOR THE 4 CONSTRUCTION OF SINGLE-FAMILY HOMES IN THE R-1 SINGLE-FAMILY 5 DWELLING ZONING DISTRICT; PROVIDING FOR EXPIRATION AND 6 EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; 7 AND PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, through the adoption of Resolution No. 2016-73 on October 27, 2016, the Village Council 10 formally adopted “The Village of North Palm Beach Citizens’ Master Plan Report dated October 20, 11 2016” (“Master Plan”) prepared by the Treasure Coast Regional Planning Council, including the 12 recommendations contained therein, as setting forth the guiding principles for future development and 13 redevelopment within the Village; and 14 15 WHEREAS, the Master Plan identified ensuring “the mass of new houses is compatible with adjacent 16 houses” as a major concern and included establishing “regul ations for infill single-family that ensure 17 compatibility in the neighborhoods” as a high priority task; and 18 19 WHEREAS, since adoption of the Master Plan, the Village Council has identified review of the 20 Residential Zoning Code as a high priority in its Strategic Plan; and 21 22 WHEREAS, the Village is experiencing a building boom, where smaller homes are being torn down and 23 replaced by larger homes, and while many of the new homes are in scale with the community, a number 24 of residents have raised concerns that larger, massive homes built to the current setbacks are permanently 25 altering the character of the Village; and 26 27 WHEREAS, the common concerns raised about larger homes are too much massing, height, lot coverage 28 and impervious area, together with the lack of architectural character; and 29 30 WHEREAS, to address these issues, the Village Council wishes to create an ad-hoc committee to review 31 and evaluate changes to the zoning regulations for the R-1 Single-Family Dwelling District and to 32 declare a Zoning in Progress that would allow homes to be constructed and renovated within the R-1 33 District subject to certain parameters relating to the height of two-story homes, the massing of the second 34 story and the amount of landscaped open space; and 35 36 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 37 of the residents and citizens of the Village of North Palm Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 40 NORTH PALM BEACH, FLORIDA as follows: 41 42 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 43 44 Section 2. As of the effective date of this Ordinance, all applications for building permits relating to 45 the construction or renovation of single-family homes in the R-1 Single-Family Dwelling Zoning District 46 shall comply with the following requirements: 47 48 Page 2 of 4 A. Minimum landscaped area. 1 2 (1) All one-story single-family homes shall have a minimum landscaped area of thirty-five 3 percent (35%). 4 5 (2) All two-story single-family homes shall have a minimum landscaped area of forty percent 6 (40%). 7 8 (3) All single-family homes (both one and two story) shall provide a minimum landscaped 9 area of fifty percent (50%) in the required twenty-five foot (25’) front yard setback. 10 Properties with frontage along collector roads (Lighthouse Drive and Prosperity Farms 11 Road) shall provide a minimum landscaped area of forty percent (40%) in the required 12 twenty-five foot (25’) front setback. Properties that have an irregular lot shape, meaning 13 a lot which is not close to rectangular or square, and in which the width of the property 14 at the front property line is less than required by the underlying zoning district shall 15 provide a minimum landscaped area of twenty-five percent (25%) in the required twenty-16 five foot (25’) front setback. 17 18 For the purposes of this subsection, the term minimum landscaped area shall mean a pervious 19 landscaped area unencumbered by structures, buildings, paved or grass parking lots, sidewalks, 20 pools, decks, or any impervious surface. Landscape material shall include, but not be limited 21 to, grass, ground covers, bushes, shrubs, hedges or similar plantings, or decorative rock or bark. 22 No landscape material shall be used for parking. 23 24 With respect to building permits for renovations of existing single -family homes, the minimum 25 landscaped area standards shall apply only to the extent that the proposed scope of work 26 impacts the applicable standard. 27 28 B. Building height 29 30 All single-family homes shall be limited to two stories and thirty feet (30’) in height. 31 32 For the purposes of this subsection, height shall be measured from the average elevation of the 33 existing grade prior to land alteration for properties outside of special flood hazard areas and 34 from the required base flood elevation for properties within special flood hazard areas. Height 35 shall be measured to the highest point of the following: 36 37 (1) the coping of a flat roof; 38 39 (2) the average height level between the eaves and roof ridges or peak for gable, hip or 40 gambrel roofs; 41 42 (3) deck lines on a mansard roof; or 43 44 (4) the average height between high and low points for a shed roof. 45 46 Decorative architectural elements, chimneys, mechanical equipment, non-habitable cupolas, 47 elevator shafts or similar appurtenances shall be excluded from the foregoing height restrictions. 48 49 Page 3 of 4 C. Second-story floor area 1 2 The floor area of the second story of a single-family home shall be limited to seventy-five percent 3 (75%) of the floor area of the first story. 4 5 For the purposes of this subsection, floor area shall mean all usable floor space within the exterior 6 walls of a structure and shall include roofed patios or balconies for the second story. 7 8 D. Minor deviations 9 10 The Community Development Director may approve minor deviations to the standards set forth 11 in this Ordinance provided that the proposed residence otherwise meets the general intent of this 12 Ordinance and the deviation does not: 13 14 1. Exceed the maximum building height by more than five (5) feet; 15 16 2. Reduce the required minimum landscaped area by more than five percent (5%); and 17 18 3. Increase the floor area of the second story by more than five percent (5%). 19 20 Section 3. This Zoning in Progress shall expire six (6) months from its effective date or the date the 21 Village Council formally adopts revisions to the zoning regulations for the R-1 Single-Family Dwelling 22 District, whichever shall first occur. If the Village Council determines that additional time is necessary 23 to review and adopt such revisions, the Village Council may extend the Zoning in Progress by resolution 24 for an additional six (6) month period. 25 26 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 27 reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 28 shall not affect the remainder of this Ordinance. 29 30 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 31 herewith are hereby repealed to the extent of such conflict. 32 33 Section 6. This Ordinance shall take effect immediately upon adoption. 34 35 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 36 37 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 2021. 38 39 40 41 (Village Seal) 42 MAYOR 43 44 ATTEST: 45 46 47 VILLAGE CLERK 48 49 Page 4 of 4 APPROVED AS TO FORM AND 1 LEGAL SUFFICIENCY: 2 3 4 VILLAGE ATTORNEY 5 6 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director DATE: August 12, 2021 SUBJECT: Ordinance 1st Reading – Old Port Cove South Marina CPUD Amendment SHM Old Port Cove LLC, the operator of the south marina and Belle’s restaurant at Old Port Cove brought forward a request to modify the existing Old Port Cove South Marina Planned Unit Development (PUD) to expand the outdoor seating at Belle’s and to introduce a yacht brokerage (Flagler Yachts) into the restaurant building. The request was heard by the Planning Commission on July 13th. Numerous residents of Old Port Cove spoke in opposition to the project and ultimately the Planning Commission unanimously voted to recommend denial of the amendment to the Village Council. In light of the recommendation for denial, the applicant has modified its request and no longer desires to add the Flagler Yachts office into the restaurant building. However, the applicant is still seeking an expansion of outdoor seating. The public hearing was noticed for August 12th and Staff is requesting that the item be continued to the August 26th Village Council meeting to in order to provide more time to evaluate the revised request. There is no fiscal impact Recommendation: Staff recommends that the Village Council adopt a motion continuing the Old Port Cove South Marina CPUD Amendment to the August 26th Village Council Meeting. Attachments: 1. None VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director DATE: August 12, 2021 SUBJECT: Ordinance 1st Reading – Prosperity Village PUD The applicant, Prosperity Village Development, LLC, is under contract to purchase the vacant parcel of land located at the SW corner of Allamanda Drive and Prosperity Farms Rd. The request includes a subdivision and preliminary plat approval to develop the property into 12 single family lots. The applicant is also requesting approval of a Planned Unit Development with accompanying waivers relating to the lot size, lot width, building setback, pool setback, and fence height requirements of the Village Code. The gated neighborhood will be subdivided, then lots sold off individually for owners to build within established design regulations. The item was initially considered by the Planning Commission at its July13th meeting, but was continued due to drainage and fire access questions. The item went back before the Planning Commission on August 3rd where the project received unanimous approval. The public hearing was noticed for the August 12th Village Council meeting, but since the item was delayed by Planning Commission, staff needs more time to prepare a comprehensive staff report for the Village Council. There is no fiscal impact Recommendation: Staff recommends Council adoption of a motion to continue consideration of the Prosperity Village PUD to the August 26th Village Council Meeting. Attachments: 1. None VILLAGE OF NORTH PALM BEACH COUNTRY CLUB – GOLF OPERATIONS TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Allan Bowman, Head Golf Professional DATE: August 12, 2021 SUBJECT: RESOLUTION – Approval of a proposal from Platinum Building Solutions, LLC for the renovation of the golf course restrooms at a cost of $47,500.00 and authorizing execution of a contract. Village Staff is requesting Village Council approval of a proposal from Platinum Building Solutions, LLC for the renovation of the golf course restrooms and approval of a contract in the amount of $48,995.00. As the Country Club continues to improve in every aspect, the restrooms on the golf course need to be brought up to the Village standards. The proposed improvements include new fixtures, mirrors and grab bars, as well as new walls and flooring. The restrooms included are on holes #3 and #14, and the driving range. Staff received the following three proposals: Vendor Estimated Cost Stone Home Services, Inc. $47,500 RE Anderson Construction, Inc. 48,995 Platinum Building Solutions, LLC. 50,500 While Stone Home Services, Inc. submitted the lowest cost proposal, the principal of that company is a Village employee and the County Code of Ethics prohibits an employee from entering into a Contract with his or her own municipality. While RE Anderson Construction, Inc. submitted the next lowest cost proposal, the company indicated that it accepted four other major jobs and could not commence construction until next year. Platinum Building Solutions, LLC agreed to reduce its price to $47,500.00 (the amount of the lowest cost proposal), and Staff is recommending execution of a contract with that company. Account Information: Fund Department Account Number Account Description Amount Country Club Golf Course Maintenance L8045-34620 Repairs & Maintenance – Building & Grounds $47,500 Total $47.500 The attached Resolution and Contract have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council adoption of the attached Resolution accepting the proposal from Platinum Building Solutions, LLC for renovations to the Country Club Golf Course restrooms at a cost of $47,500.00, with funds expended from Account No. L8045-34620 (R&M – Building & Grounds), and authorizing the Mayor and Village Clerk to execute a Contract for such services in accordance with Village policies and procedures. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM PLATINUM BUILDING SOLUTIONS, LLC FOR THE RENOVATION OF COUNTRY CLUB GOLF COURSE RESTROOMS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff solicited proposals for renovations to four restrooms at the Country Club Golf Course; and WHEREAS, Village Staff recommended accepting a proposal from Platinum Building Solutions, LLC, that matched the lowest cost proposal received from a vendor who was ineligible to perform services for the Village; and WHEREAS, because the amount of the purchase is between $5,000 and $50,000, the Village’s purchasing policies require Village Council approval on the consent agenda; and WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal from Platinum Building Solutions, LLC for renovations to four restrooms at the Country Club Golf Course at a total cost of $47,500.00, with funds expended from Account No. L8045-34620 (Golf Course Maintenance – R & M Buildings and Grounds), and authorizes the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached hereto and incorporated herein. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 6 CONTRACT This Contract is made as of this _______ day of ______________, 2021, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408, a Florida municipal corporation (hereinafter “VILLAGE”), and PLATINUM BUILDING SOLUTIONS, LLC, 601 Heritage Drive, Suite 157, Jupiter, FL 33458, a Florida limited liability company, (hereinafter “CONTRACTOR”), whose F.E.I. Number is 45-2191915. RECITALS WHEREAS, the VILLAGE solicited proposals for the renovation of four restrooms at the Country Club Golf Course (“Work”); and WHEREAS, the VILLAGE wishes to accept the proposal submitted by CONTRACTOR, and CONTRACTOR has agreed to perform the Work in accordance with the terms and conditions of this Contract. NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The parties agree that the recitals set forth above are true and correct and are fully incorporated herein by reference. 2. CONTRACTOR’s Services and Time of Completion. A. Contractor shall perform the Work in accordance with its Construction Estimate dated July 26, 2021, a copy of which is attached hereto and incorporated herein by reference. B. This Contract shall remain in effect until such time as the Work is completed, inspected and accepted by the VILLAGE, provided, however, that any obligations of a continuing nature shall survive the expiration or termination of this Contract. C. The total cost of the Work shall not exceed Forty-Seven Thousand Five Hundred Dollars and No Cents ($47,500.00). D. The services to be provided by CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to CONTRACTOR to proceed and shall be completed within ninety (90) calendar days. 3. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR under this Contract shall not exceed the amount of compensation stated in Section 3(C) above without prior written consent of the VILLAGE. The VILLAGE shall pay the initial payment required by the Proposals referenced in Section 3(A) above upon commencement of the Work. CONTRACTOR shall submit invoices to the VILLAGE for review and approval by the VILLAGE’s representative, indicating that goods and services have been Page 2 of 6 provided and rendered in conformity with this Contract, and they then will be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the VILLAGE representative’s approval. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. In order for both parties herein to close their books and records, CONTRACTOR will clearly state “final invoice” on CONTRACTOR’s final/last billing to the VILLAGE. This certifies that all goods and services have been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of all goods and services. 4. Insurance. During the term of this Contract, CONTRACTOR shall maintain the following minimum insurance coverages and provide certificates evidencing such coverage to the Village (all insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida): A. CONTRACTOR shall maintain, during the life of this Contract, commercial general liability, including contractual liability insurance in the amount of $1,000,000 per occurrence to protect CONTRACTOR from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract. B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile liability insurance in the minimum amount of $500,000 combined single limit for bodily injury and property damages liability to protect CONTRACTOR from claims for damages for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles. C. CONTRACTOR shall carry Workers’ Compensation Insurance and Employer’s Liability Insurance for all employees as required by Florida Statutes. D. All insurance, other than Worker’s Compensation, Automobile and Professional Liability Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE as an “Additional Insured”. 5. Indemnification. A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or employees. Page 3 of 6 B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Contract for any reason. C. Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. 6. Compliance with all Laws, Regulations and Ordinances. In performing the services contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and comply with all applicable federal, state and local laws, regulations and ordinances, including, but by no means limited to, all requirements of the Village Code and the Florida Building Code. 7. Warranty/Guaranty. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following completion of the Work and successful final inspection. Should any Work fail to comply with this warranty during the warranty period of one (1) year, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR’s sole expense. The CONTRACTOR shall provide the VILLAGE with copies of all manufacturer warranties and certify that the Work complies with the conditions set forth in such warranties, if any. 8. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing services pursuant to this Contract for at least five (5) years after termination of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at CONTRACTOR’s place of business. Under no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. 9. Protection of Work and Property. A. CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and shall protect the VILLAGE’s property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection. B. Until acceptance of the Work by the VILLAGE, the VILLAGE’s property shall be under the charge and care of CONTRACTOR and CONTRACTOR shall take every necessary Page 4 of 6 precaution against injury or damage to the work by the action of elements or from any other cause whatsoever, and CONTRACTOR shall repair, restore and make good, without additional Work occasioned by any of the above causes before its completion and acceptance. C. CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. 10. Miscellaneous Provisions. A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties’ right to enforce or exercise said right(s) at any time thereafter. B. CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to CONTRACTOR’s sole direction, supervision, and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. C. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will 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 such 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 hereunder shall preclude any other or further exercise thereof. The parties knowingly, voluntarily and intentionally waiver any right they may have to trial by jury with respect to any litigation arising out of this Contract. D. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. E. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. F. All notices required in this Contract shall be sent by certified mail, return receipt requested, and sent to the addresses appearing on the first page of this Contract. Page 5 of 6 G. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. In the event of an express conflict between this Contract and CONTRACTOR’s Estimate, the terms of this Contract shall control. H. CONTRACTOR warrants and represents that CONTRACTOR and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. CONTRACTOR has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newl y hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. If the VILLAGE has a good faith belief that CONTRACTOR has knowingly violated Section 448.09(1), Florida Statutes, the VILLAGE shall terminate this Contract pursuant to Section 448.095(2), Florida Statutes, as may be amended. If the VILLAGE has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but CONTRACTOR has otherwise complied, it shall notify CONTRACTOR, and CONTRACTOR shall immediately terminate its contract with the subcontractor. I. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, CONTRACTOR shall: (1) Keep and maintain public records required by the VILLAGE to perform the service. (2) Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE with a copy the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the VILLAGE. (4) Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in possession of CONTRACTOR or keep and maintain public records required by the VILLAGE to perform the services. If CONTRACTOR transfers all public Page 6 of 6 records to the VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the VILLAGE, upon request from the VILLAGE’s custodian of public records, in a format that is compatible with the information technology systems of the VILLAGE. J. CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a material breach of the Contract justifying termination. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. PLATINUM BUILDING SOLUTIONS, LLC By: Print Name:__________________________ Position:_____________________________ VILLAGE OF NORTH PALM BEACH By: ________________________________ DARRYL AUBREY, MAYOR MAYOR ATTEST: BY: ________________________________ JESSICA GREEN VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: ________________________________ VILLAGE ATTORNEY 601 Heritage Drive, Suite 157 • Jupiter, FL • 33458 Phone: 772.919.1412 • Fax: 561.658.2278 • CBC 1258240 Page | 1 ESTIMATE Proposal No. 21-072601 Date: 7/26/2021 NPB Country Club Course Restroom Renovations Platinum Building Solutions, LLC proposes to provide supervision, labor, and material, per the qualifications below, to renovate the interior of the (4) on course restrooms at North Palm Beach Country Club for the price of: Forty Seven Thousand Five Hundred Dollars ($47,500.00). Construction Proposal Qualifications: This estimate is based on the meeting that took place at the location with the understanding of what the modification of the space will be. This estimate is also based on the following qualifications: • Remove and replace the existing toilets and sinks and replace with new standard grade fixtures. • Update the existing mirrors and grab bars to new ADA complaint equipment. • Cover the existing wood walls with a ¼” backer board and install new standard 6” x 6” tile on all walls • Install new standard floor tile over the existing concrete floors Work will be completed in phases completing one bathroom at a time. EXCLUSIONS Construction plans, permitting and governmental fees, and any external work or work not specifically mentioned above is excluded. Thank you for the opportunity to provide a proposal on your project. Please note this proposal is based on contracting using a standard form agreement between Contractor and Owner with periodic progress payments. Please do not hesitate to contact us to discuss this proposal further. Platinum Building Solutions, LLC VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: August 12, 2021 SUBJECT: RESOLUTION – Approval of Resolutions required by Huntington National Bank (formerly TCF National Bank) for the Lease of 80 GPS Equipped Golf Carts, a Utility Hauler, a Shuttle and a Beverage Cart for the North Palm Beach Country Club Through the adoption of Resolution No. 2021-40 on May 31, 2021, the Village Council accepted a proposal submitted by E-Z-GO, a division of Textron, Inc., for the lease of eighty (80) golf carts equipped with GPS, one utility hauler, one shuttle and one beverage cart pursuant to pricing established in an existing National Purchasing Alliance/Omnia Partners, Public Sector Contract. The total cost to the Village over the thirty-six (36) month lease term is $507,172.52. Resolution No. 2021-40 further authorized the Village Manager to execute the Lease Agreements and all related documents necessary to effectuate the transaction, subject to review and approval as to form and legal sufficiency by the Village Attorney. This office has completed its review of (and revisions to) the Master Lease Agreement. The Bank has divided the transaction into four Separate Equipment Schedules to the Master Lease Agreement: 1. Seventy-four (74) 2022 E-Z-GO RXV Elite Golf Cars; 2. Eighty (80) TFM 10EX GPS Units; 3 Six (6) 2022 E-Z-GO RXV Elite Freedom Golf Cars; and 4. One (1) 2022 Cushman Shuttle 6, one (1) 2022 Cushman Refresher Oasis and one (1) 2022 Cushman Hauler 800X G. For each of the four Equipment Schedules to the Master Lease Agreement, the Bank is requiring a separate Resolution with very specific language to effectuate the transaction. The four proposed Resolutions are attached, along with copies of the final Lease Documents and a copy of Resolution No. 2021-40. There is no additional fiscal impact over and above the amount previously approved by the Village Council through the adoption of Resolution No. 2021-40. Recommendation: Village Staff requests Village Council consideration and approval of the attached Resolutions required by Huntington National Bank (formerly TCF National Bank) to effectuate the lease of the eighty GPS equipped golf carts, the shuttle, the beverage cart, and the hauler previously approved by the Village Council through the adoption of Resolution No. 2021-40. RESOLUTION 2021- LEASE No. 008-0843032-100 Dated as of June 4, 2021 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF LEASE NO. 008-0843032-100 DATED JUNE 4, 2021 (THE “LEASE”) BETWEEN THE VILLAGE OF NORTH PALM BEACH, 501 U.S. HIGHWAY ONE (COUNTRY CLUB ADDRESS: 951 U.S. HIGHWAY ONE), NORTH PALM BEACH, FL 33408 AND TCF NATIONAL BANK, 111 WEST SAN MARNAN DRIVE, SUITE A2 WEST, WATERLOO, IA 50701-8926 AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach (the “Lessee”) is a municipal corporation and political subdivision duly organized and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering in lease-purchase agreements; and WHEREAS, Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in the Lease is appropriate and necessary to the function and operations of the Lessee; and WHEREAS, TCF National Bank (the “Lessor”) shall act as Lessor under said Lease; and WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified and incorporated herein. Section 2. The Lease, in substantially the form as presently before the governing body of the Lessee, is hereby approved, and the Village Manager of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer, and which Lease will be available for public inspection at the offices of Lessee. Section 3. The Lessee shall, and the officers, agents and employees of the Lessee are herby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease. Section 4. The Lessee’s obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of Florida. Section 5. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK RESOLUTION 2021- LEASE No. 008-0843032-300 Dated as of June 4, 2021 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF LEASE NO. 008-0843032-300 DATED JUNE 4, 2021 (THE “LEASE”) BETWEEN THE VILLAGE OF NORTH PALM BEACH, 501 U.S. HIGHWAY ONE (COUNTRY CLUB ADDRESS: 951 U.S. HIGHWAY ONE), NORTH PALM BEACH, FL 33408 AND TCF NATIONAL BANK, 111 WEST SAN MARNAN DRIVE, SUITE A2 WEST, WATERLOO, IA 50701-8926 AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach (the “Lessee”) is a municipal corporation and political subdivision duly organized and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering in lease-purchase agreements; and WHEREAS, Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in the Lease is appropriate and necessary to the function and operations of the Lessee; and WHEREAS, TCF National Bank (the “Lessor”) shall act as Lessor under said Lease; and WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified and incorporated herein. Section 2. The Lease, in substantially the form as presently before the governing body of the Lessee, is hereby approved, and the Village Manager of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer, and which Lease will be available for public inspection at the offices of Lessee. Section 3. The Lessee shall, and the officers, agents and employees of the Lessee are herby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply wit h the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease. Section 4. The Lessee’s obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of Florida. Section 5. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK RESOLUTION 2021- LEASE No. 008-0843032-101 Dated as of July 28, 2021 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF LEASE NO. 008-0843032-101 DATED JULY 28, 2021 (THE “LEASE”) BETWEEN THE VILLAGE OF NORTH PALM BEACH, 501 U.S. HIGHWAY ONE (COUNTRY CLUB ADDRESS: 951 U.S. HIGHWAY ONE), NORTH PALM BEACH, FL 33408 AND TCF NATIONAL BANK, 111 WEST SAN MARNAN DRIVE, SUITE A2 WEST, WATERLOO, IA 50701-8926 AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach (the “Lessee”) is a municipal corporation and political subdivision duly organized and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering in lease-purchase agreements; and WHEREAS, Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in the Lease is appropriate and necessary to the function and operations of the Lessee; and WHEREAS, TCF National Bank (the “Lessor”) shall act as Lessor under said Lease; and WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified and incorporated herein. Section 2. The Lease, in substantially the form as presently before the governing body of the Lessee, is hereby approved, and the Village Manager of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer, and which Lease will be available for public inspection at the offices of Lessee. Section 3. The Lessee shall, and the officers, agents and employees of the Lessee are herby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease. Section 4. The Lessee’s obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of Florida. Section 5. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK RESOLUTION 2021- LEASE No. 008-0843032-102 Dated as of August 4, 2021 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY OF LEASE NO. 008-0843032-102 DATED AUGUST 4, 2021 (THE “LEASE”) BETWEEN THE VILLAGE OF NORTH PALM BEACH, 501 U.S. HIGHWAY ONE (COUNTRY CLUB ADDRESS: 951 U.S. HIGHWAY ONE), NORTH PALM BEACH, FL 33408 AND THE HUNTINGTON NATIONAL BANK, 11100 WAYZATA BOULEVARD, SUITE 801, MINNETONKA, MN 55305 AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach (the “Lessee”) is a municipal corporation and political subdivision duly organized and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, Lessee is duly authorized by applicable law to acquire such items of personal property as are needed to carry out its governmental functions and to acquire such personal property by entering in lease-purchase agreements; and WHEREAS, Lessee hereby finds and determines that the execution of a Lease for the purpose of leasing with the option to purchase the property designated and set forth in the Lease is appropriate and necessary to the function and operations of the Lessee; and WHEREAS, The Huntington National Bank (the “Lessor”) shall act as Lessor under said Lease; and WHEREAS, the Lease shall not constitute a general obligation indebtedness of the Lessee within the meaning of the Constitution and laws of the State. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified and incorporated herein. Section 2. The Lease, in substantially the form as presently before the governing body of the Lessee, is hereby approved, and the Village Manager of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver the Lease and related documents in substantially the form as presently before the governing body of the Lessee, with such changes therein as shall be approved by such officer, and which Lease will be available for public inspection at the offices of Lessee. Section 3. The Lessee shall, and the officers, agents and employees of the Lessee are herby authorized and directed to take such further action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the Lessee with respect to the Lease. Section 4. The Lessee’s obligations under the Lease shall be expressly subject to annual appropriation by Lessee; and such obligations under the Lease shall not constitute a general obligation of Lessee or indebtedness of Lessee within the meaning of the Constitution and laws of the State of Florida. Section 5. All other related contracts and agreements necessary and incidental to the Lease are hereby authorized, ratified and approved. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK RESOLUTION 2021-40 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM E -Z - GO, A DIVISION OF TEXTRON, INC., FOR THE LEASE OF EIGHTY GPS EQUIPPED GOLF CARTS , ONE UTILITY HAULER, ONE SHUTTLE AND ONE BEVERAGE CART PURSUANT TO PRICING ESTABLISHED IN AN EXISTING NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (N/K/A OMNIA PARTNERS, PUBLIC SECTOR) CONTRACT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE NECESSARY LEASE AGREEMENTS AND RELATED DOCUMENTS IN ACCORDANCE WITH THE TERMS OF THE PROPOSAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended accepting a proposal from E -Z -GO, a division of Textron, Inc., for the lease of eighty (80) 2022 RXV ELITE Lithium golf carts equipped with GPS, one (1) utility hauler, one (1) shuttle and one (1) beverage cart pursuant to pricing established in an existing National Purchasing Alliance/Omnia Partners, Public Sector Contract (No. R161101); and WHEREAS, the proposal is for a lease term of thirty-six (36) months, and the Village Council wishes to accept the E -Z -GO proposal and authorize the Village Manager to execute the necessary lease agreements and related documents; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the proposal submitted by E -Z -GO, a division of Textron, Inc., for the lease of eighty (80) 2022 RXV ELITE golf carts equipped with GPS, one 1) utility hauler, one (1) shuttle and one (1) beverage cart for a term of thirty-six (3 6) months pursuant to pricing established in an existing National Purchasing Alliance/Omnia Partners, Public Sector Contract (No. R161101) at a an annual cost of $169,059.84 (and a total cost over thirty-six months of $507,179.52), with funds expended from Account No. L8046-33491 (Golf Department — Contractual Services). Section 3. Subject to review and approval as to form and legal sufficiency by the Village Attorney, the Village Council further authorizes the Village Manager to execute lease agreements with and all related documents necessary to effectuate the transaction. Section 5. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Page 1 of 2 Section 6. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 13TH DAY OF MAY, 2021. Village Seal) ATTEST: VI L E CLERK Page 2 of 2 MAYOR Pricing Village of North Palm Beach March 23, 2021 QTY MODEL YEAR TERMS PRICE EXTENDED PRICE 80 RXV ELITE Lithium 2022 36 Month FMV 120.00 9,600.00 Other Vehicles QTY INCLUDED ACCESSORIES Color: 74 -Patriot Blue/4 TBD Sun Canopy (Top) -80 Split Windshields -80 Bag Covers -80 Custom Hi Back Seats -80 Wheel Covers -80 USB Ports -80 Sand Buckets -80 Coolers -80 Sand Bottles -160 Accessory Installation -80 E -Shield Frame -80 Freight -80 Delivery Part Package -1 Custom Logo/# Decals -80 Other Vehicles QTY MODEL YEAR TERMS PRICE EXTENDED PRICE 1 Shuttle 6 72 Volt 2022 36 Month FMV 248.25 248.25 1 Hauler 80OX EFI 2022 36 Month FMV 189.92 189.92 1 Refresher Oasis EFI 2022 36 Month FMV 450.15 450.15 INCLUDED ACCESSORIES Color: Std Color Choice Std Accessories Tops -2 Ball Cage -1 Low Oil/Fuel Indicator -3 Hour Meter -2 Std Oasis Accessories -1 Accessory Installation -3 Freight -3 Airpots-2 Split Windshields -2 Any change to the accessory list must be obtained in writing at least 45 days prior to production date. LEASE PROGRAM DETAILS Payment schedule: Straight Pay Payment months: All (January -December) Delivery: October/November 2021 First pay: First Full Month After Delivery SPECIAL CONSIDERATIONS E -Z -GO at its discretion reserves the right to offer an early Fleet roll option. Village of North Palm Beach must enter into a new lease or purchase agreement with E -Z -GO and the existing lease must be current and in good standing. Pricing established using current NIPA Contract #R161101 with published discounts plus fleet volume discount. With authorization, E -Z -GO will backhaul current fleet of Club Cars to any single location in Florida or Georgia. Acceptance of this proposal qualifies the Village of North Palm Beach for $20,000 in free goods for vehicles, parts etc. NOTE: All goods ordered in error by the Customer or goods the Customer wishes to return are subject to a restock fee. The restock fee is 3% of the original invoice value of the goods. Prices quoted above are those currently in effect and are guaranteed subject to acceptance within 45 days of the date of this proposal. Applicable state taxes, local taxes, and insurance are not included. Lease rates may change if alternate financing is required. Payment schedule(s) does not include any finance, documentation, or initiation fees that may be included with the first payment. All lease cars and trades must be in running condition and a fleet inspection will be performed prior to pick up. It is the club's responsibility to either repair damages noted or pay for the repairs to be completed. All electric cars must have a working charger. All pricing and trade values are contingent upon management approval. Village of North Pahl tea _ Accepted byi Title: Date: d - o A Textron Company E -Z -G DI ion of Textron Inc. Accepted V Title: Date: LET'S WORK.' TFMITEXTRON FLEET MANAGEMENT Wow Factor Fleet Management Car Management High resolution, weatherproof, touch screen Vehicle location Vehicle travel history Enhanced HD hole graphics Pace monitoring Automatically scheduled vehicle lockdown UPDATES - Automatic software updates Real two way communication GeoFencing and warnings Freight and set up Easy to use advertising setup BATTERY - Internal battery Any change to the accessory list must be obtained in writing of least 45 days prior to production dote. LEASE DETAILS Payment Schedule: Delivery: Post Lease: 36 Months October/Nov 2021 Payment Months: Jan - Dec Annually First Pay: First Full Month After Deliver At the end of the original TFM term listed above, the club will be billed at a rate of $18 for screens and/or $12 for SHIELD per unit per month for any post term usage. If these TFM units don't stay on site beyond this original term, this post term usage fee will not apply. SPECIAL CONSIDERATIONS: Pricing Established using the Omnia/NIPA Contract R161101: TFM 10EX 36 Month Retail price of $2344.00 per unit less published 25% discount of $586 per unit plus a fleet volume discount of $232.70 per unit for a total unit cost of $1525. 30 or 36 month FMV lease of $45.00 per unit/month. E -Z -GO at its discretion reserves the right to offer an early roll option. North Palm Beach Country Club must enter into a new lease purchase agreement with E -Z -GO and the existing account must be current and credit approved. Prices quoted are those in effect at the time the quote is made and are guaranteed subject to acceptance within 45 days. All pricing contingent upon management approval. Applicable state taxes, local taxes and insurance are not included. Payment Schedule(s) does not include any finance, documentation or initiation fees that may be required with payment. y North Palm Beach Count lub Accepted By: i nie: V 1 L c- l% sv1F C E E -Z -GO, A Division of Textron, Inc. ACceptea By: John Baughman Title: Senior Territory Sales Manager Date: Terms and Conditions for Returning Vehicles or Trade -Ins Lessee agrees to accept sole responsibility for any loss or damage to its returned cars beyond normal wear and tear. The returned cars must meet the following conditions: All cars must be free of all liens and encumbrances. All cars must be capable of running at least 9 holes of golf. All cars must be capable of starting, stopping and steering properly. All cars must be the same quantity and year model as originally evaluated. All cars must have a working charger. All cars must be absent of any major cosmetic or mechanical damage. All cars must have four serviceable tires that retain proper air pressure. All batteries must be free of corrosion, and properly filled with water. Returned cars are subject to inspection and Lessee agrees to pay the following charges should damages be found: Severely Damaged or Missing Chargers - $200.00 per charger Inoperable Cars (i.e. unable to start, stop or steer properly) - $300.00 per car Minor Damage (i.e. Damage to Bodies, Bumpers or Seats) - $300.00 per car Major Damage (i.e Frame Damage, Wrecked Cars, Blown Engines) - $800.00 per car Accepted By: Less e By: Title: ` tA r?C 7;Z Date: 20 2.1) 21- Z-GO Title:<e,Si Date: 1 L,' ,1 CUSHMAN VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council FROM: Andrew D. Lukasik, Village Manager DATE: August 12, 2021 SUBJECT: RESOLUTION – Interlocal Agreement with the Palm Beach County School Board for the Use of Facilities. The Village and The Conservatory School (TCS) occasionally benefit from the use of one another’s facilities. The Village, for instance, used TCS building to conduct its public charette process during the development of the Citizens’ Master Plan. In recent years, TCS has expressed interested in securing nearby athletic facilities for its students to participate in competitive sports. The attached Interlocal Agreement will allow this to occur and establishes expectations for both parties. The attached Resolution and Agreement have been prepared and/or reviewed for legal sufficiency by the Village Attorney. There is no financial impact associated with this Agreement. Recommendation: Village Staff requests Council consideration and adoption of the attached resolution approving an Interlocal Agreement with the Palm Beach County School Board for the Use of Facilities and authorizing the Mayor and Village Clerk to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA FOR THE RECIPROCAL USE OF FACILITIES BY THE VILLAGE AND THE CONSERVATORY SCHOOL AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village and the School Board wish to enter into an Interlocal Agreement to provide for the use of the Village’s parks and recreation facilities by the The Conservatory School and the use of the The Conservatory’s facilities by the Village and set forth the terms and conditions of such use; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council hereby approves an Interlocal Agreement with the School Board of Palm Beach County, Florida, for the use of the Village’s facilities by The Conservatory School and the use of the The Conservatory School’s facilities by the Village, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on behalf of the Village. Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE USE OF FACILITIES This Interlocal Agreement is made this ___________ day of _______________, 2021, between the Village of North Palm Beach, a municipal corporation of the State of Florida ("Village") and the School Board of Palm Beach County, Florida, a corporate body politic pursuant to the Constitution of the State of Florida (“Board”), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to co operate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies, as defined therein, to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Village and Board recognize the benefits to be derived by utilizing each other’s facilities thereby minimizing the duplication of facilities; and WHEREAS, the parties recognize that The Conservatory School at North Palm Beach (“School”) specially benefits from the longstanding positive relationship with the Village and the ability to use Village facilities for The Conservatory School’s activities and programs; and WHEREAS, Board would like to use the Village’s parks and recreation facilities for school related activities and programs when not in use by the Village; and WHEREAS, the Village desires to assist the Board in its efforts to provide world - class programs and offerings to our students; 2 NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Purpose. The purpose of this Agreement is to enable the Board and Village to utilize each other’s facilities. 3. Definitions. A. The term “Board Facility” shall mean the parking lots, cafeteria, and playgrounds located at The Conservatory School at North Palm Beach. B. “Village Facilities” and “Village Facility” mean facilities owned or operated by the Village that are made available for public use by the Village and are used primarily for recreational activities, excluding facilities that are leased, licensed or under t he contractual control of others. The terms “Village Facilities” and “Village Facility” shall mean Anchorage Park, Osborne Park, North Palm Beach Community Center (F.K.A. Delacorte Park) and the athletic fields at any of these parks. C. “Facilities” means the Board Facility and Village Facilities. D. “Priority of Use” means the priority of uses when there are conflicting requests for the use of a Facility. For Board Facilities, the Priority of Use shall be as follows: 1. Board activities and programs or Board facility lease agreements; and 2. Village programs pursuant to this Agreement. For Village Facilities, the Priority of Use shall be as follows: 1. Village activities and programs or Village facility rental agreements; and 2. Board activities and programs pursuant to this Agreement. 4. Use of Facilities by the Parties. A. The Board agrees to make the Board Facility available for use by the Village according to the Priority of Use at no cost or expense to the Village, except as otherwise provided for in this Agreement. The Village’s use of the Board Facility shall be subject to and in accordance with: (i) the terms and conditions of this Agreement, including but not limited to Exhibit “B” which may be amended or supplemented from time to time upon the mutual written agreement of the Board’s Chief Operating Officer and the Village Manager or his or her designee without formal amendment hereto; (ii) the Board’s rules, regulations and policies governing the use of the Board Facilities; (iii) any grant or bond obligations 3 pertaining to the use of any of the Board Facilities; and (iv) all applicable local, state and federal laws. B. The Village agrees to make available the Village Facilities for use by the Board according to the Priority of Use at no cost or expense to the Board, except as otherwise provided for in this Agreement. The Board’s use of the Village Facilities shall be subject to and in accordance with: (i) the terms and conditions of this Agreement; (ii) the Village’s rules, regulations and policies governing the use of the Village’s Facilities; (iii) any grant or bond obligations pertaining to the use of any of the Village Facilities; and (iv) all applicable local, state and federal laws. C. The Board and Village represent and warrant that they shall be responsible for monitoring and complying with all CDC and OSHA regulations and guidance, and other federal, state and local regulations and guidance for responding to COVID-19 during the event period. This includes, but is not limited to regulations and guidelines related to cleaning and disinfecting during the event, promoting efforts that reduce the spread of COVID-19, providing healthy environments for all persons attending or participating in the event, protecting communal spaces and arranging for food service. Neither the School Board nor the Village shall be responsible for any costs associated with the other party’s duty to comply with COVID-19 regulations and guidelines as mandated by the terms of this Agreement. Additionally, neither the School Board nor the Village shall be responsible for monitoring or enforcing the other party’s compliance with CDC and OSHA regulations and guidance, and other federal, state and local regulations and guidance for responding to COVID-19 during the event. Each party shall be responsible for any claims, expenses, liabilities, losses or damages resulting from that party’s failure to comply with CDC and OSHA regulations and guidance, and other federal, state and local regulations and guidance for responding to COVID-19 during the event or as a result of a breach of the terms of this Agreement. D. The Village shall submit all requests for use of the Board Facilities in writing on the form attached hereto as Exhibit “A” to the Principal of the School or his or her designee no less than thirty (30) days prior to the date that the Village desires to us e the Board Facility. The Board shall be responsible for ensuring that a written response to the request is provided to the Village within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stat ed in the written response. The Board reserves the right to deny use of the Board Facility if that particular Board Facility has been selected to remain closed during the summer. E. The Board shall submit all requests for use of the Village Facilities in writing on the form attached hereto as Exhibit “A” to the Village Manager or his or her designee, no less than thirty (30) days prior to the date that the Board desires to use the Village Facility. The Village shall be responsible for ensuring that a writ ten response to the request is provided to the Board within fifteen (15) days of the date of the request. In the event a request is denied, the reason for denial shall be stated in the written response. 4 The Village reserves the right to deny use of the V illage Facility if that particular Village Facility has been selected to close for renovations or maintenance. F. Notwithstanding the requirements set forth in Paragraphs 4.D. and 4.E. above, in the event that a need to use a Facility arises less than thirty (30) days prior to the date the Village or Board Facility is needed, the Village or Board, as applicable, will use reasonable efforts to expedite the review of and accommodate such request to the extent practicable under the circumstances. G. The Board and Village acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. The Board and Village agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. H. Without waiving the right to sovereign immunity, the parties acknowledge that they are self-insured for commercial general liability and automobile liability in the amounts specified in Florida Statutes Section 768.28, as may be amended from time to time. In the event either party mainta ins third-party commercial general liability or business automobile liability insurance in lieu of exclusive reliance on self -insurance, the party maintaining the third-party insurance shall maintain limits of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury or property damage The parties agree to maintain or to be self -insured for worker’s compensation and employer’s liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. Each party agrees to provide the other party with an affidavit or certificate of insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the parties agree to recognize as acceptable for the above - referenced coverages. Compliance with the requirements of this paragraph shall not relieve the parties of their liability and obligations under this Agreement. I. Each party agrees to provide adequate supervision of its own activities to prevent bodily harm to the users and dama ge to the Facilities, taking into consideration the types of activities planned, when using the other’s Facilities. J. In the event the Facilities are damaged, the party using the Facilities of the other party shall promptly notify the other party in writing of the damage and shall reimburse the other party for the actual costs to repair the damage. Reimbursement shall be made within sixty (60) days of a written request for reimbursement of costs. 5 K. The Facilities shall be surrendered by the party usi ng the Facilities of the other party in the same condition as they were accepted and shall cause to be removed from the Facilities all waste, garbage and rubbish resulting from such party’s use of the Facilities. L. The Village may use a Board Facility or other Board-owned and controlled facility for a one-time Village meeting or annual Village-sponsored community event with prior written authorization from the Board’s Area Superintendent and the Board’s Chief Operating Officer, or designee, provided that the event benefits the community or student population. Such events shall have the same priority as the Village’s other uses of the Board Facilities set forth in this Agreement. M. The Board may use a Village Facility or other Village-owned and controlled facility for a one-time Board meeting or annual Board-sponsored community event with prior written authorization from the Village Manager or designee, provided that the event benefits the community or student population. Such events shall have the same p riority as the Board’s other uses of the Village Facilities set forth in this Agreement. N. Notwithstanding any provision of this Agreement to the contrary, the Board shall not be obligated to make the Board Facility available for use for summer camps, tournaments, travel team practices or games or any events where admission, vendor fees and or charges will be collected or imposed by the Village. These events shall require the parties to enter into a lease for use of the Board Facility and the payment of a ll fees, all in accordance with Board Policy 7.18. 5. Maintenance/Repair of Facilities. The parties acknowledge and agree that either party may deny a request for use of a Facility to perform maintenance or repairs to the Facility. 6. Dispute Resolution. In the event an issue arises which cannot be resolved between the School’s Principal and the Village’s Director of Leisure Services or his or her designee regarding the use or availability of a Facility, the dispute shall be referred to the Board’s Chief Operating Officer and the Village Manager who shall both make a good faith effort to resolve the dispute. If the dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by mediation before resorting to litigation. 7. Acceptance of Facilities. Neither party shall be required to make any improvements or repairs to the Facilities as a condition of use of the Facilities by the other party. The parties shall accept the Facilities in their “As Is”, “Where Is” condition. The parties acknowledge and agree that neither party has made any warranties or representations to the other party regarding the Facilities, including, but not limited to, any representations or warranties regarding the suitability of the Facilities for use by the other party. 6 8. License. Notwithstanding any provision of this Agreement to the contrary, the use of the Facilities by either of the parties shall only amount to a license t o use the Facilities on a non-exclusive basis, which license shall be revocable by the party licensing the use for any reason whatsoever. The parties agree that nothing in this Agreement shall be construed as granting either party any title, interest or estate in the Facilities. 9. Default. The parties agree that, in the event either party is in default of its obligations under this Agreement, the non-defaulting party shall provide to the defaulting party thirty (30) days written notice to cure the default. In the event the defaulting party fails to cure the default within the thirty (30) day cure period, the non-defaulting party shall be entitled to seek any remedy available to it at law or equity, including, but not limited to, the right to terminate this Agreement and seek damages, if any. 10. Termination. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by either party: (i) without cause upon thirty (30) days prior written notice to the other party or (ii) with cause upon the expiration of the thirty (30) day cure period provided for in Paragraph 9 above. 11. Annual Appropriation. Each party's performance and obligations under this Agreement shall be contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years. 12. Notice. All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by United States Mail to the following: IF TO Village: Village of North Palm Beach ATTN: Village Manager 501 US Highway 1 North Palm Beach, FL 33408 IF TO BOARD: Planning and Intergovernmental Relations ATTN: Director 3661 Interstate Park Road N, Suite 200 Riviera Beach, FL 33404 7 13. Governing Law and Venue. This Agreement shall be construed by and governed by the laws of the State of Florida. The parties agree that any controversies or legal disputes arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, each party shall be responsib le for their own attorney’s fees and costs incurred. 14. Subordination to Bond and Grant Obligations The parties acknowledge that certain Facilities may be subject to bond covenants and restrictions or grant obligations and agree that this Agreement shal l be subject and subordinate to any such covenants, restrictions and obligations. Notwithstanding any provision of this Agreement to the contrary, the parties shall not be obligated to make any Facility available for use by the other party in a manner which either party has determined, in its sole discretion, would be contrary to any of its bond or grant obligations, including, but not limited to, making any of the Facilities available at no cost when such an action would be contrary to either party's bond or grant obligations. 15. Equal Opportunity Provision. The parties agree that no person shall, on the grounds of race, color, sex, age, national origin, disability, religion, ancestry, marital status, familial status, sexual orientation, gender, gender identity or expression be excluded from the benefits of, o r be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 16. Captions. The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 17. Severability. In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in fu ll force and effect. 18. Entirety of Agreement. This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. 19. Incorporation by Reference. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 8 20. Amendment. Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the parties hereto. 21. Waiver. No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. 22. Construction. Neither party shall be considered the author of this Agreement since the parties have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strict ly construed against one party as opposed to the other party based upon who drafted it. 23. Filing. A copy of this Agreement shall be recorded with the Clerk of the Circuit Court in and for Palm Beach County pursuant to Section 163.01(11), Florida Statutes. 24. Effective Date/Term. This Agreement shall become effective when signed by both parties, and recorded with the Clerk of the Circuit Court in and for Palm Beach County. The term of this Agreement shall be for a period of one (1) year and shall be automatically renewed up to four (4) additional consecutive one (1) year terms, unless either party provides a written notice of intent to terminate the Agreement to the other party pursuant to Paragraph 10. 25. Prohibition Against Alcohol, Tobacco and Drones. The manufacture, distribution, dispensation, possession, consumption or use of alcohol, tobacco products of any kind, e-cigarettes or controlled substances on Village or School Board-owned property is strictly prohibited and violation of this provision shall be a material breach of this Agreement. No unmanned aerial vehicles of any kind, also known as drones, shall be permitted on or about Village or School Board-owned property. Violation of this provision by any person associated with the Vil lage shall be just cause for termination of the Village’s privilege to use any Board Facility in the future. 26. Inspector General. The Village agrees and understands that the School Board’s Office of Inspector General (“School Board’s Inspector Gene ral”) shall have immediate, complete and unrestricted access to all papers, books, records, documents, information, personnel, processes (including meetings), data, computer hard drives, emails, instant messages, facilities or other assets owned, borrowed or used by the Village with regard to this Agreement. The Village employees, vendors, officers and agents shall furnish the School Board’s Inspector General with requested information and records within their custody for 9 the purposes of conducting an investigation or audit, as well as provide reasonable assistance to the School Board’s Inspector General in locating assets and obtaining records and documents as needed for investigation or audit relating to this Agreement. Furthermore, the Village understands, acknowledges and agrees to abide by School Board Policy 1.092. Similarly, in accordance with Palm Beach County ordinance number 2011 -009, the School Board acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The School Board has reviewed Palm Beach County ordinance number 2011 -009 and is aware of its rights and/or obligations under such ordinance. 27. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the Village and/or Board. 28. Liens. Each party’s respective interest in the Facilities shall not be subject to liens arising from the others’ use of the Facilities, or exercise of the rights granted hereunder. Each party shall promptly cause any lien imposed against the Facility of the other party relating to the use of Facilities under this Agreement to be discharged or transferred to bond. 29. No Agency Relationship. Neither party is an agent or servant of the other. No person employed by either party to this Agreement, shall in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker’s compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law or otherwise, except through and against the party by whom they are employed. 30. Records. Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any re sultant award of attorney’s fees for non-compliance with that law. 31. Survival. Provisions contained in this Agreement that, by their sense and context, are intended to survive the suspension or termination of this Agreement, shall so survive. 10 32. Waiver of Jury Trial. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. 33. Each Person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with res pect to all provisions contained in this Agreement. (The remainder of this page is intentionally left blank.) 11 IN WITNESS WHEREOF, the parties hereto have affixed their signatures on the day and year first above written. VILLAGE OF NORTH PALM BEACH SCHOOL BOARD OF PALM BEACH FLORIDA COUNTY, FLORIDA By: _____________________________ By: _____________________________ Darryl Aubrey, Mayor Frank A. Barbieri, Jr., Esq., Chairman ATTEST: ATTEST: ________________________________ ________________________________ Jessica Green Michael J. Burke Village Clerk Superintendent Date: ___________________________ Date: ____________________________ APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY _________________________________ _______________________________ Village Attorney School Board Attorney _________________________________ _______________________________ Village Council Meeting Date School Board Meeting Date 12 EXHIBIT “A” The Village of North Palm Beach and The School Board of Palm Beach County INTER-LOCAL FACILITY REQUEST FORM _______________________ _________________________ __________________________ Date Contact Person School Name (if applicable) _______________________ _________________________ __________________________ Phone Number Fax Number Other Contact Number ___________________________________________________________________________________________ Address Village State/ZIP FACILITY REQUEST: ___________________________________ ________________________________________ Choice #1 Choice #2 ___________________________________ ________________________________________ Activity Age Group Estimated Attendance: Participants: ________________ Spectators: ________________ Total: ____________________ Mark appropriate day(s) facility will be needed: 󠆁Monday 󠆁󠆁Tuesday 󠆁󠆁Wednesday 󠆁󠆁Thursday 󠆁󠆁Friday 󠆁󠆁Saturday 󠆁󠆁Sunday Date(s):___________________________________________________________________________________ Time(s): From: ____________________________ am/pm To: _____________________________ am/pm 󠆁 New Request 󠆁 Repeat Request: Date and location of previous use: _______________________________________________________ Other pertinent information (as necessary): _______________________________________________________ __________________________________________________________________________________________ __________________________________________ ________________________________________ 󠆁 Requesting Principal Date 󠆁 Director of Recreation Services ………………………………………………………………………………………………………………………. 󠆁 Approve 󠆁 Disapprove Reason if disapproved: ________________________________________________________________________ ___________________________________________ _________________________________________ 󠆁 Principal Date 󠆁 Director of Recreation Services 13 EXHIBIT “B” School Board of Palm Beach County Standard Facility Operating Hours The Board agrees to make the Board Facility available for use by the Village according to the Priority of Use, at no cost to the Village and in accordance with the following maximum operational hours for indoor and outdoor Board Facilities When School is in session: Weekdays (Mon thru Fri) School Parking Lots, Cafeteria, and Playgrounds From the close of school Aftercare until 9:30 pm Saturdays: School Parking Lots Cafeteria upon Request From 8:00 am to 9:30 pm Sundays: School Parking Lots Cafeteria upon Request From 8:00 am to 1:00 pm When School is out of session (Summer Break and Spring Break): Weekdays (Monday through Thursday): School Parking Lots From 8:00 am until 9:30 pm Fridays, Saturdays, Sundays: Closed School Holidays and Winter Break: The Board Facility will be closed the day of the school holiday plus any immediately preceding or following weekend days (i.e. the weekend preceding a Monday National Holiday or following Thanksgiving. The Board Facility will also be closed for the entire Winter Break (traditionally beginning on the Saturday prior to Christmas and extending through the Sunday following New Year’s). The maximum operational hours may be amended from time to time upon the mutual agreement of the Board’s Chief Operating Officer and Village Manager or his or her designee. Village of North Palm Beach Hours of Operation Village agrees to make facilities available for use by the Board according to the Priority of Use, at no cost to the Board and in accordance with the maximum operational hours for indoor and outdoor Village’s facilities. Village will make the Park facilities available for use by the School Board during normal hours of operation, as posted on the Village website. The maximum operational hours may be amended from time to time upon the mutual agreement of the Board’s Chief Operating Officer and Village Manager or his or her designee. VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: August 12, 2021 SUBJECT: RESOLUTION – Adoption of Equivalent Residential Unit (ERU) Rate for the annual Stormwater Management Utility Assessment Through the adoption of Ordinance No. 2021-09 on July 8, 2021, the Village Council established a Stormwater Management Utility and Stormwater Management Utility Fund. The Ordinance, codified in Chapter 30 of the Village Code, also provided for the adoption of annual Stormwater Management Utility Assessments. Section 30-6(c) of the Village Code of Ordinance establishes the rate for the Stormwater Management Utility Assessment as follows: Type of Land Use Monthly Rate Annual Rate Single-family Residential (1.00 ERU) x (per ERU rate1) (1.00 ERU) x (per ERU rate) x 12 Condominium (0.22 ERU per residential unit) x (per ERU rate) (0.22 ERU per residential unit) x (per ERU rate) x 12 Multifamily Residential (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) x 12 Nonresidential (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) (1.00 ERU) x (parcel IA / 5,550 sq.ft.) x (per ERU rate) x 12 Section 30-6 of the Village Code further requires the Village Council to adopt the ERU Rate by separate Resolution. The attached Resolution establishes the ERU Rate at $7.78. Applying the formula to the various land use types within the Village, this ERU Rate will generate annual total revenue in the amount of $519,419.00. As previously discussed with Council, the Level of Service provided by the Stormwater Utility includes:  Stormwater system videoing and cleaning of the system within five years.  Emergency repairs  Fifteen-year rehabilitation and maintenance to address the findings from video/cleaning, assuming that: o Twenty percent of the system will need manhole to manhole slip lining o Five percent of the system will need to be replaced. The Village Council will adopt the final assessment roll for the Stormwater Utility Assessments on September 8, 2021. Recommendation: Village Staff requests Village Council consideration and approval of the attached Resolution adopting an Equivalent Residential Unit (ERU) Rate for the annual Stormwater Management Utility Assessment as required by Section 30-6 of the Village Code of Ordinances. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING AN EQUIVALENT RESIDENTIAL UNIT (ERU) RATE FOR DETERMINING THE ANNUAL STORMWATER UTILITY ASSESSMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 2021-09 on July 8, 2021, the Village Council established a Stormwater Management Utility and a Stormwater Management Utility Fund and provided for the adoption of annual Stormwater Management Utility Assessments; and WHEREAS, pursuant to Section 30-6 of the Village Code, annual Stormwater Management Utility Assessments are based on a formula depending on the type of land use; and WHEREAS, the formula for each land use type requires the Village Council to establis h an Equivalent Residential Unit (ERU) Rate to be adopted by separate Resolution of the Village Council; and WHEREAS, the Village Council wishes to establish the ERU Rate for Stormwater Management Utility Assessments and determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. Pursuant to Section 30-6 of the Village Code of Ordinances, the Village Council hereby establishes an Equivalent Residential Unit Rate of $7.78 for determining the annual Stormwater Management Utility Assessment. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: August 12, 2021 SUBJECT: RESOLUTION – Disclaiming Village’s interest in a drainage easement in favor of Palm Beach County located on a vacant parcel of real property on the west side of Prosperity Farms Road and south of Allamanda Drive The Village received a request from Prosperity Village, LLC, the owner of three parcels of property located on the west side of Prosperity Farms Road south of Allamanda Drive to disclaim the Village’s interest in a Drainage Easement located on one of the vacant parcels. The site is the location of the proposed Prosperity Village PUD. One of the parcels is encumbered by a fifty-foot (50’) wide Drainage Easement running parallel to Prosperity Farms Road (copies of the easement and the survey are included in the back up materials). The easement runs in favor of Palm Beach County, which owns the roadway. It is believed that this easement historically ran along the entire western border of Prosperity Farms Road; however, all other portions of the easement have already been abandoned. The easement is not utilized by the Village or any other utility provider, and the Northern Palm Beach County Improvement District has already indicated that it has no objection to abandonment of the easement. The property owner has filed a formal request with Palm Beach County to abandon the easement. However, Palm Beach County’s abandonment procedures require that if the easement is located within the corporate limits of a municipality, the municipality must first disclaim any interest in the easement by Resolution prior to formal abandonment by the County. The attached Resolution disclaims any interest the Village may have in the Drainage Easement. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution disclaiming the Village’s interest in a Drainage Easement in favor of Palm Beach County located on a vacant parcel of real property on the west side of Prosperity Farms Road south of Allamanda Drive within the Village’s corporate limits. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DISCLAIMING THE VILLAGE’S INTEREST IN A DRAINAGE EASEMENT IN FAVOR OF PALM BEACH COUNTY ENCUMBERING A VACANT PARCEL OF REAL PROPERTY LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ALLAMANDA DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Prosperity Village Development, LLC (“Owner”) has requested that the Village disclaim any interest in a Drainage Easement held in favor of Palm Beach County located on the west side of Prosperity Farms Road south of Allamanda Drive, as depicted on a Survey prepared by Lidberg Land Surveying, Inc. dated April 10, 2021 (“Property”), a copy of which is attached hereto and incorporated herein; and WHEREAS, Parcel 2, as depicted on the Survey, is encumbered by a fifty-foot-wide Drainage Easement in favor of Palm Beach County as recorded in Official Record Book 6136, Page 315 of the Public Records of Palm Beach County, Florida; and WHEREAS, the Owner is seeking abandonment of the Drainage Easement, and Palm Beach County’s easement abandonment procedures require that where the easement is located within the corporate limits of a municipality, the municipality shall first disclaim its interest in the easement by resolution; and WHEREAS, the Village Council wishes to abandon and disclaim the Village’s interest, if any, in the Drainage Easement located on the Property within the Village’s corporate limits. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby releases, vacates, abandons, discontinues, renounces and disclaims all rights of the Village in the fifty-foot-wide Drainage Easement encumbering Parcel 2 as depicted on the Survey attached hereto and incorporated herein. Section 3. All resolutions and parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK   July 26, 2021  Jeremy Hubsch, AICP  Village of North Palm Beach  420 US‐1, Suite 21  North Palm Beach, FL 33408    RE:  Request for Resolution Disclaiming Interest, if any, in 50’ Drainage Easement    Mr. Hubsch:    On behalf of the property owner, Prosperity Village Development, LLC, we request for the Village of North  Palm Beach to disclaim any interest of a 50’ drainage easement held in interest by Palm Beach County.  A  copy of the easement instrument is enclosed herein.  This drainage easement is not used by the Village,  nor is it used by any other local or state governmental entity.  This easement lies solely within the four  corners of the owner’s property and serves no utility to any other adjacent property owner.  A survey of  the easement property is enclosed herein.  Upon information and belief, this easement historically ran  north to south along the western edge of Prosperity Farms Road and that all other sections of this historic  easement have since been abandoned.  It should be further noted that the North Palm Beach County  Improvement District discussed the easement abandonment during their May 26, 2021 meeting and  approved the issuance of the enclosed No Objection letter.  Therefore, the property owner respectfully  requests the Village Council to consider a resolution wherein the Village disclaims any interest it may have  in the easement.    Very truly yours,    /s/ David F. Milledge  David F. Milledge  Senior Project Manager VILLAGE OF NORTH PALM BEACH GENERAL EMPLOYEES RETIREMENT SYSTEM MINUTES: MAY 4, 2021 1. Jim Peterson called an electronic meeting of the Board to order at 9:05 AM and called roll. Those persons present included: TRUSTEES Myrna Williams, Secretary Alan Kral, Trustee Jane Lerner, Trustee Paul Wieseneck, Trustee OTHERS Scott Baur and Amanda Kish, Administrator (Resource Centers) Blake Myton, Investment Consultant (SunTrust) Bonni Jensen, Attorney (Klausner Kaufman Jensen & Levinson) Dina Lerner, Actuary (GRS) 2. EXTRAORDINARY CIRCUMSTANCE FOR TRUSTEES JOINING ELECTRONICALLY Mrs. Jensen reviewed the recent virtual meeting requirements due to COVID. The law requires a quorum in the room, but a Trustee can participate remotely under extraordinary circumstances. Trustee Alan Kral made the motion to approve remote participation due to extraordinary circumstances and it was seconded by Trustee Myrna Williams it was passed unanimously. 3. APPROVAL OF MINUTES The Trustees reviewed the Minutes for February 2, 2021 and April 12, 2021 Trustee Paul Wieseneck moved to approve the February 2, 2021, and April 12, 2021, Trustee Alan Kral seconded the motion and the motion passed unanimously. 4. REPORTS Attorney: Klausner Kaufman Jensen & Levinson (Bonni Jensen) Mrs. Jensen informed the Board that payment of $7,500.00 has been received by Benefits USA for Mr. Campbell’s overpayment. Mrs. Jensen informed the Board that Mileage rate decrease 1.5 cents from last year. The new rate 56 cents. Mrs. Jensen presented the Form 1 memo. She stated that the Form 1 will need to be submitted by July 1st to the supervisor of election in the City or Town you reside in. Mrs. Jensen presented the memo regarding best practice for missing participants and beneficiaries. She reviewed the memo in detail stating that plan should have procedure in place to minimize the problem. The plan should document all the steps they have taken to reach out to the member. Actuary: GRS (Dina Lerner) Mrs. Lerner presented the 2020 Actuarial Valuation to the Board. She reviewed the city required contribution for this year which is $231,604.00 a decrease of $30,000.000. Mrs. Lerner reviewed the actuarial assumption methods the mortality table and the change that was recently made. The change resulted in a decrease of 2.49% in the employer contribution. The plan had a net actuarial gain which was primarily due to the investment return. The funding ratio increased from 94.8% to 98.6%. She continued to review the report. Mrs. Lerner recommended the Board to have an experience study to review all the assumptions. She stated that the experience study will be presented at the next quarterly meeting. Trustee Paul Wieseneck moved to approve the Actuarial Valuation Report for 2021, Trustee Myrna Williams seconded the motion and the motion passed unanimously. Mrs. Jensen informed the Board that they will need to approve the declaration of the Investment return in conjunction with the valuation. Trustee Paul Wieseneck moved to approve the expected rate of return at 6.75% for short term the long term and the midterm at Trustee Alan Kral seconded the motion and the motion passed unanimously. Investment Consultant: SunTrust (Blake Myton) Mr. Myton informed the Board of the merger of Truist and Suntrust. He stated that he will continue to be the plan’s investment manager. The merger will not change anything for the plan. Mr. Myton addressed the board on the performance of the plan for the 3rd quarter. He stated that the 3rd quarter had great returns He continued to review the market environment and global returns. Returns on total portfolio was 5.47% compared to the benchmark of 5.39% The fiscal year return was 7.66% compared to the benchmark of 7.40%. Total equity was 7.29%verus 7.79%. While fixed income and short term were 2.58% and 1.83% respectively. The Russell 3000 reflected 0.00% and the Bloomberg-Barclays Aggregate Bond was 0.01% The portfolio market value as of June 30, 2021, was $20 million. This is reflective of a net gain of $1 million due to a market rebound. Mr. Myton continued to review the portfolio and changes made. Paul Wieseneck made a motion to approve the quarterly investment report. The motion received a second from Jim Peterson, approved by the Trustees 4-0. Administrator Report: Resource Centers (Scott Baur) Mr. Baur presented the re calculation of Mr. Campbell’s benefit. He reviewed the difference. 5. PLAN FINANCIALS The Board reviewed the Warrant dated May 4, 2021. Trustee Alan Kral moved to approve warrant dated May 4, 2021, and Trustee Myrna Williams seconded the motion and the motion passed. The Board reviewed the present benefit approval for May 4, 2021. Trustee Jane Lerner moved to approve warrant dated May 4, 2021, and Trustee Myrna Williams seconded the motion and the motion passed. 6. OTHER BUSINESS The Board had no other business for discussion. 7. PUBLIC COMMENTS No members of the public had any comment 8. ADJOURNMENT There being no further business and the Board having previously scheduled the next regular meeting for Tuesday, August 3, 2021 @ 9:00 AM, Paul Wieseneck made a motion to adjourn the meeting at 9:57 AM. The motion received a second from Alan Kral, approved by the Trustees 4-0. Respectfully submitted, Myrna Williams, Secretary VILLAGE OF NORTH PALM BEACH GOLF ADVISORY BOARD MINUTES of JUNE 21, 2021 I. CALL TO ORDER A. The meeting was called to order by Chairman Steve Mathison at 6:00 p.m. II. ROLL CALL A. Board: Present Absent Stephen Mathison—Chairman x Rich Pizzolato — Vice Chairman x Curtis Witters —Secretary x Jeff Egizio — Member Landon Wells — Member x Orlando Puyol —Member x Sandra Fells —Member x B. Staff Members: Allan Bowman, Director of Golf x Beth Davis, General Manager Lenore Dingle, Membership Coordinator C. Council Members: Darryl Aubrey Susan Bickel Mark Mullinix David Norris x Deborah Searcy x NPB Golf Advisory Board Minutes of June 21, 2021 D. Public Present: IIL APPROVAL OF MEETING MINUTES A. Minutes of the May 17, 2021 GAB Meeting were approved 6-0. IV. ADMINISTRATIVE REPORTS Golf Report. Allan Bowman, Director of Golf, delivered his report. We aerated the tees, approaches, and greens two weeks ago and the course is healing well. The equipment necessary to aerate the fairways and to perform root pruning did not arrive. Those projects will be completed in Juty. The pond banks on boles 3, 7, 8, 13, and 14 have been repaired. The banks on boles 17 and 18 will require reinforcement in order to bold the banks in place. Approximately 1200 linear feet of reinforcement will be needed. This project will be complete next year. The installation of the pipe to run from the prunp house to US 1 was delayed because the vendor delivered the incorrect pipe. The correct pipe is on order. Tree trimming is ongoing and will continue on July 12-14 and August 16-19. The proposal for constriction of a starter's booth came in at $48,000, and is being reviewed. Also under considerationshelter for the staff in the staging area. Purchase of a standing clock for the staging area will be considered by the Council on July 8`s. A second clock for the driving range is under consideration. We are obtaining quotes for the refurbishing of the resttrooms on the course. A six-foot high fence, 185 feet in length has been installed between the driving range and the 10`r' hole. The course will close for a few days in July and iu August for aeration of the NPB Golf Advisory Board Minutes of June 21, 2021 fairways, and the second treatment of the greens with 3/8" tines. The aeration is being completed by filling the boles with organic soil, mixed 50/50 with sand. The enhanced foliar fertitization program will go before the Council on July 6 The rounds report shows play is up and revenue is exceeding expectations. Allan presented his proposal for group play tee times, suggesting that iC is more equitable for all golfers. A copy of the proposal is attached. Tlne Board discussed the proposal at length and voted 5-1 to recommend Allan's proposal to Council. Our aminal survey will be sent out to Village residents, Ciub Members, and area visitors. Rich Pizzolato assisted Allan iu preparing the survey. Allan is working on the 2021-2022 budget for the course. Some of the items under consideration are: i. The improvement of the pump house which has not been properly maintained over the years. ii. New wiring for the irrigation system. iii. Awash plant to retain and heat water. iv. A weather station. We are observed scone of the old 419 grass coming out in some areas of the course. This grass overpowers the Latitude 26. North Palm Beach Country Club is honored to be listed as Number 20 in the Golf Magazine list of the top municipal golf courses in the United States! V. DISCUSSION TOPICS NPB Golf Advisory Board Minutes of June 21, 2021 VI. ADJOURNMENT The meeting was adjourned at 7:08 p.m. The next meeting will be July 19, 2021. Minutes by Curtis L. Witters, Secretary. IV. STARTING TIMES/TEE TIME POLICY a. Preference for advance reservation of tee times will be given as follows: a. Member: 14 days m advance b. All others: 10 days in advance b. Credit card authorization will be required when making all tee time reservations (Members and Non-members). Non-member credit card may be charged 100% of the green fees if their tee time reservations are cancelled less than 24 hours before scheduled play. Club Member credit card holders may be charged 100% of the cart fee if tee time reservations are cancelled less than 24 hours before scheduled play and the tee time cannot not be sold. c. Members may only obtain reservations by calling the golf shop or using the online tee time reservation system at www.village-n bforg Allocation of tee times begins at 6:30a.m. One (1) tee time will be allotted per player, per day. The name of all players in your group should be Liven when malting your tee time. d. The Head Golf Professional has sole authority over all tee times and is responsible to insure the following: a. That enough tee times are available to allow for an adequate number of non-member rounds (recommended a minimum of 2 per hour and a maximum of 3). b. Tee time allocation is equitable to all members and that unrestricted time are on a first come first serve basis. e. Only one person in a foursome is allowed to schedule a tee time. If more than one tee time appears for a foursome, that foursome will lose the earlier time. The names of all players should be given when the tee times are reserved. f. Reserved tee times will be for twosomes, threesomes, and foursomes only. Twosomes will be paired with other twosomes whenever possible. Each tee time will be filled with four (4) players; single players may fill an open slot at the discretion of the Golf Shop staff. Singles will be paired with twosomes and threesomes. g. Restricted Tee Times: The Head GoWD I will restrict tee times for all Club events including Men's and Women's Golf Associations, (WGA and MGA), Club Tournaments and the tee time slots between 11:15 and 12: 15 for inter club league play. All restricted tee times will be equitably allocated based on the following: a. An interclub league is defined as a minimum of 12 players and may not exceed 28 players (the league must be comprised of 90% NPBCC members). Cross pollination of leagues is not permitted. b. Leagues must be assigned a captain c. Leagues must submit a roster to the Head Golf Professional prior to the start of the membership season d. League Play may be played 6 days a week (No group play on Wednesdays as that morning will be set aside for 48 golfers from MGA or WGA. Each organization will have 2 Wednesday per month for the exception of November and December in which they will each receive 1 Wednesday). e. League play will occur between 11:15 am and 12: 15 pin f. A restricted tee time lottery will be conducted by the Head Golf Professional on the 15°i of the previous month of anticipated play play for November — lottery will be conducted Oct 15") g. Lottery ticket will be filled out complete and will have all necessary information (the more flexible the league with regards to days will result in higher chance of success) h. Any cancellation within 24 hrs or no shows will be charged to the league Captain i. MGA / WGA season will run from 3" Wednesday in October until the end of April h. Tournament schedules and course closings for spraying and periodic maintenance will be posted in advance, when possible. i. All Special Event requests must be submitted to the Head Golf Professional and or Club Manager for review at least thirty (30) days in advance of the event. Upon their approval, the request will be scheduled by the Head Golf Professional. VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT ______________________________________________________________________ TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director DATE: August 12, 2021 SUBJECT: RESOLUTION – Minor Amendment to the North Palm Beach Commons Memory Care PUD ______________________________________________________________________ An application has been filed by Urban Design Studios, on behalf of the property owner NPB Senior Development Company, LLC, requesting site plan modifications to the 6,000 square foot commercial outparcel building (“outparcel building”) that is located immediately adjacent to US Highway One. Background: Through the adoption of Ordinance No. 2017-07 on June 22, 2017, the Village Council approved the North Palm Beach Commons Memory Care Planned Unit Development (“PUD”) for a seventy- two (72) bed, 37,404 square foot assisted living facility and a 6,000 square foot outparcel building. The application rezoned the property from the C-A zoning district to the C-1A zoning district and received four waivers through the PUD process. One of the waivers was for a reduced setback from fifty (50) feet to ten (10) feet along U.S. Highway One. This request will minimize the setback waiver, by moving the building four (4) feet westward from the US Highway One property line. Analysis of Request: The owner was issued building permits in late 2020 and has since commenced construction. During construction, Florida Power and Light relocated a power pole onto the subject property that is too close to the retail building for proper operation. The remedy for this obstruction is to shift the building west four (4) feet, resulting in an increased setback of seventeen (17) feet from U.S. Highway One. This is achieved with the reduction of the parking lot drive aisle from twenty- six (26) feet to twenty-four (24) feet and a reduction of the western sidewalk from five (5) feet to three (3) feet. The drive aisle width is consistent with the Village Code of Ordinances and North Palm Beach Fire Rescue standards. The sidewalk is not an ADA accessible route, and is not required to be a minimum width. This is a minor modification pursuant to Section 7 of the PUD Ordinance. Staff is supportive of this request with a condition of approval. Condition of Approval for this Request: At the time of approval, the C-1A zoning district limited commercial uses to hotels and motels, restaurants, nursery and private schools, golf clubs, professional offices, marinas and their accessory uses, multiple family, and assisted living facilities. Personal service and general retail uses were not permitted uses at time of approval. During the approval process, some concerns were raised that approval of the project without personal service and general retail uses would not meet a goal of the Citizen’s Master Plan, which is to turn U.S. Highway One into a more active commercial corridor with a mix of uses. The outparcel building was approved as a restaurant/retail/office building, with an understanding that the uses could be retail or personal services once the Village adopted revised commercial zoning regulations. The applicant described the proposed outparcel building as “primarily retail” during the approval hearing, and Section 5.O of the PUD Ordinance specifically included a condition that “in granting this approval, the Village Council relied upon the oral and written representations of the Applicant both on the record and as part of this application process.” The property is now located in the Village’s new C-MU US-1 mixed-use district, which allows “general stores and services” (including retail and personal services). Based on the representations that were made during the approval process, staff would now like to further amend the PUD to confirm that the outparcel building will only have active uses that will turn the “US Highway 1 corridor into a vibrant mixed-use place for businesses, visitors, and residents of North Palm Beach” as written in the C-MU code. The Village would like the outparcel building to only be permitted to have general stores and services, restaurants or cocktail lounges, and other active uses; but not be permitted to have general office or medical office uses. There is no fiscal impact Recommendation: Staff recommends Village Council consideration and adoption of the attached Resolution approving a minor amendment to the North Palm Beach Commons Memory Care PUD as proposed, with an additional condition that the uses in the commercial outparcel building be limited to active uses such as: general stores and services, restaurants or cocktail lounges, or other active community-serving uses. Attachments: 1. Applicant’s Submittal Ma terials Page 1 of 2 RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A MINOR MODIFICATION TO THE NORTH PALM BEACH COMMONS MEMORY CARE PLANNED UNIT DEVELOPMENT TO ACCOUNT FOR THE RELOCATION OF A UTILITY POLE; MODIFYING THE SITE PLAN AND LANDSCAPE PLAN; PROVIDING FOR AN ADDITIONAL CONDITION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2017-07 (“PUD Ordinance”) on June 22, 2017, the Village Council created The North Palm Beach Commons Memory Care Planned Unit Development (“PUD”) and provided for the development of the PUD in accordance with the plans, specifications, waivers and conditions referenced therein; and WHEREAS, Section 7 of the PUD Ordinance provides that the Village Council may approve minor modifications to the PUD by resolution without necessity of review by the Planning Commission, advertisement or public hearing; and WHEREAS, Urban Design Studios, agent, on behalf of NPB Commercial LLC, property owner, is requesting minor modifications to the PUD necessitated by the relocation of a utility pole closer to the commercial outparcel building, specifically: shifting the building four feet (4’) to the west; narrowing the drive aisle of the adjacent parking lot from twenty-six feet (26’) to twenty-four feet (24’); narrowing the service sidewalk west of the commercial outparcel building from five feet (5’) to three feet (3’); and relocating two (2) handicapped parking spaces and three regular parking spaces; and WHEREAS, Staff proposed an additional condition relating to the use of the commercial outparcel building; and WHEREAS, the Village Council determines that the proposed changes meet the definition of minor amendments to the PUD and that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. As authorized by Section 7 of Ordinance No. 2017-07, the Village Council hereby approves minor modifications to the North Palm Beach Commons Memory Care PUD, as fully outlined above, and adopts the following amended plans to reflect the changes: A. Site Plan prepared by Urban Design Studios dated March 7, 2016, last revised on July 23, 2021 and consisting of one page (SP-1); and B. Landscape Plan prepared by Urban Design Studios dated March 7, 2016, last revised on July 23, 2021 consisting of one page (LP-1). Page 2 of 2 Section 3. The Village Council hereby amends Section 5 of the PUD Ordinance to add the following additional condition: P. The uses within the commercial outparcel building shall be limited to active uses such as general stores and services, restaurants or cocktail lounges or other active community-serving uses. Section 4. To the extent not expressly modified herein, all other provisions of the PUD Ordinance shall remain in full force and effect. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK West Palm Beach Office: 610 Clematis Street Suite CU-02 West Palm Beach, FL 33401 P. 561-366-1100 Boynton Beach Office: 508 E. Boynton Beach Blvd. Boynton Beach, FL 33435 P. 561-736-8838 www.udsflorida.com LCC000035 Urban Planning and Design Landscape Architecture Communication Graphics NPB COMMONS MEMORY CARE JUSTIFICATION STATEMENT Request: Minor Amendment Original Submittal: July 30, 2021 OVERVIEW OF REQUEST & PROPERTY INTRODUCTION On behalf of, NPB Commercial LLC, Urban Design Studio (UDS) is submitting a Minor Amendment application to the City of North Palm Beach for site plan approval for the North Palm Beach Commons Memory Care Mixed-Use development. The 2.72-acre site is located at the northwest intersection of Dixie Highway and Hampton Road. The parcel control number is (PCN) 74-43-43-33-25-000-0060. The proposed retail/restaurant/office building located on the .27-acre parcel on the SE portion of the PUD is the subject of the request. After the applicant closed on the subject property, FPL replaced its transmission poles and then relocated its distribution pole and moved it 150’ south and further west, 4.5’ in front of the southerly portion of the retail/restaurant/office building. Specifically, the following changes are being proposed to the site plan and landscape plans to allow the retail/restaurant/office building proper distance from the FPL distribution pole. These changes are minimal in nature and remain compliant with the PUD approvals in Ordinance 2017-06 & Ordinance 2017-07, and the Village of North Palm Beach Zoning Code: 1. Shift proposed retail/restaurant/office building 4’ west. 2. Narrow the drive aisle of the parking lot adjacent to the retail/restaurant/office building from 26’ to 24’. That is the same width as the parking lot north of the retail/restaurant/office building. 3. Narrow the service sidewalk west of the retail/restaurant/office building to from 5’ to 3 ‘. 4. Move the 2 handicap spaces south of the memory care entry to the west of the retail/restaurant/office building and swap the 3 regular parking spaces to the south of the memory care entry. This results in a 0-net change in parking spaces. The 4-foot westerly shift of the retail/restaurant/office building is also providing a wider and increased streetscape near the eastern portion of the building and the US Hwy-1 frontage. This creates an improved pedestrian and urban environment, in accordance with the goals and recommendations set for the US Highway-1 corridor in the 2016 Village Master Plan. CONCLUSION NPB Commons Memory Care Page 2 July 30, 2021 On behalf of the applicants, Urban Design Studio requests favorable review and consideration of this request to approve the proposed plans to reflect the proposed revisions of the project. Project Managers at Urban Design Studio are Joni Brinkman and Lentzy Jean-Louis who can be reached at 561-366-1100. Please feel free to contact with any questions or for additional information in support of this application. LIGHTHOUSE DRIVEANCHORAGE DRIVEE A S T W I N D D R I V ESITEU. S. H I G H W A Y 1I N T R A C O A S T A L W A T E R W A YEBBTIDE DRIVEU.S. Highway 1 A/C UNITS TYP.GREASE TRAP GENERATORCOVERED ENTRY1,191 SF(13'-6")CLEARANCE)12.0'TURNLANE100.0' STORAGE50.0' TAPER R25.0'5.0'12.0'18.0'7.3'9.0'26.0'EXISTINGSIDEWALKGROUNDSIGN 'A'10.5'SETBACK120.0'60.0'60.0'LAND USE DESIGNATION: LOWDENSITY RESIDENTIALZONING DISTRICT: R1 - SINGLEFAMILY DWELLING DISTRICTLAND USE: SFDNORTH PALM BEACH VILLAGE OFPLAT 1 PB24 PG202-206 NORTH PALM BEACH VILLAGE OFPLAT 1 PB24 PG202-206LAND USE DESIGNATION: COMMERCIALZONING DISTRICT: CA - COMMERCIAL DISTRICTLAND USE: COMMERCIAL OFFICE BLDG.PALM BEACH VILLAGE OF PLAT 1 PB 24 PG 202-206LAND USE DESIGNATION: COMMERCIALZONING DISTRICT: CA - COMMERCIAL DISTRICTLAND USE: COMMERCIAL OFFICE BLDG.PALM BEACH VILLAGE OF PLAT 1 PB 24 PG 202-206LAND USE DESIGNATION: COMMERCIAL ZONING DISTRICT: CA - COMMERCIAL DISTRICT LAND USE: COMMERCIAL OFFICE BLDG. PALM BEACH VILLAGE OF PLAT 1 PB 24 PG 202-206 PROPOSED 8' HT.PVC FENCE16.3'OUTDOORCOURTYARDSIGHT TRIANGLE(TYP.)16.3' LANDSCAPE BUFFERPAVEMENTPAVEMENTPAVEMENT12' x 35'LOADING AREA12' x 35'MANEUVERING AREA 8 YD. DUMPSTER(TRASH)2 -95 GAL. TOTORS(RECYCLING)PROPOSEDTURN LANETYPE 'D' CURB (TYP.)TYPE 'D' CURB (TYP.)HANDICAP ACCESSIBLEROUTE TO R.O.W.1418.0'7.3'9.0'18.0'24.0'LOADINGDUMPSTER10.1' SIDE SETBACK127.1 FRONTSETBACK5.0'18.0'24.0'FOUNTAIN TYP.GATE17.3' FRONT SETBACKPERGOLA SEATING AREA(SEE ARCHITECTURALPLANS FOR DETAILS)FOUNDATIONPLANTING 2'-0"3' PERIMETER WALL WITHDECORATIVE COLUMNS ANDTRELLIS COVERINGENTIRE WALL (SEEARCHITECTURAL PLANSFOR DETAILS)NEW FP&L POWER POLE19217 (17)32 (33)26 (25)24333110.0'16.0'10.0'16.0'WALL SIGN 'B'WALL SIGNS 'C' (TYP. )OUTDOORPLAZA(SEE ARCHITECTURALPLANS FOR DETAILS)DECORATIVECONCRETETREATMENTDECORATIVEPEDESTRIANLIGHTS TYP.MECHANICAL EQUIPMENT TYP.R25.0'TRELLIS SYSTEMDECORATIVE BICYCLE (3)RACKS BY ANOVAMODEL: CIRCLEBRS2EXISTING FIRE HYDRANT TOREMAININTERNAL COURTYARD24.0' REAR SETBACKHANDICAP PARKING SPACESIGNS (TYP.)SIDEWALK TYP.SIDEWALK TYP.8 YD. DUMPSTER(TRASH)2 -95 GAL. TOTORS(RECYCLING)OVERHEAD UTILITIESTO BE REMOVED17.6'SETBACK11.4' SIDE SETBACKNEW ENGLAND ARBORSREGENCY 12'X12'PERGOLA SEE SHEET LP-3NEW ENGLAND ARBORSREGENCY 12'X12'PERGOLA SEE SHEET LP-318.0'SIGHT TRIANGLE(TYP.)14' MIN. CLEARANCE10' MIN.ENCLOSURE LANDSCAPEDWITH 36" HT. HEDGE,16' MIN.CONTAINERS SHALL BE SCREENED FROMVIEW BY A 5' HT. SOLID OPAQUEENCLOSURE.OPAQUE GATE WITH MIN.14' OF CLEARANCE WHENSTORAGE AREA:MIN. OF ONE 8 YD.REFUSE CONTAINER ANDTWO -95 GAL. TOTORSRECYCLING CONTAINERSDumpster Enclosure16' MIN.18.0'9.0'2.0'6.0'2.0'CLCLWHEELSTOP (TYP.)PRECAST CONCRETE4" WHITE LINE9' Parking SpaceNOT TO SCALEHC SIGNSHandicap Space CL3.0'2.0'6.0'3.0'LCLC5.0'BLUE STRIPINGNOTE: ALL HANDICAP PARKING STALLSSHALL MEET THE FLORIDAACCESSIBILITY CODE FOR BUILDING4" BLUE LINEVEHICULAROVERHANGWHEELSTOP (TYP.)PRECAST CONCRETENOT TO SCALE16.0'NOT TO SCALEDrawing name: H:\JOBS\NPB Memory Care - US Hwy 1_16-001\Silver Fla Prop_DD_.000\Drawings\Site Plan\2021.07.23 SP.dwgRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHUrban Planning & DesignLandscape ArchitectureCommunication GraphicsCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udkstudios.com#LCC00003503.07.1616-001.000JWBJWBJP/JB/JWBSP-1of 103/07/2016 Submittal04/22/2016 Resubmittal12/20/2016 Resubmittal01/26/2017 Resubmittal02/08/2017 Resubmittal02/26/2017 Resubmittal04/27/2017 Resubmittal06/01/2017 Respond toTown Comments07/23/2021 Move Retail Building WestVillage of North Palm Beach, Florida Conceptual Site Plan North Palm Beach Commons Memory Care 60'30'15'1" = 30'-0" CONCURRENCY*66 SPACES* CONCURRENCY IS APPROVED FOR THE ABOVE USES AND AMOUNTS SHOWN ON THIS PLAN.APPLICATION NO:PROJECT NAME:EXISTING LAND USE:PROPOSED LAND USE:EXISTING ZONING DISTRICT:PROPOSED ZONING DISTRICT:SECTION/ TOWNSHIP/ RANGE:PCN (S): 20160425NORTH PALM BEACH COMMONS MEMORY CARECOMMERCIALCOMMERCIALCA - COMMERCIAL DISTRICTC-1A LIMITED COMMERCIAL DISTRICTCOMMERCIAL PUD16/42/4368-43-42-16-02-009-003068-43-42-16-02-009-0040TOTAL GROSS LOT AREA:USE: MIXED-USE ASSISTED LIVING FACILITY 37,404 SF (60 ROOMS/72 BEDS) HIGH TURN OVER SIT DOWN RESTAURANT 6,000 S.F.SITE DATA:TRAFFIC ANALYSIS ZONE (TAZ):4 STORIES1 STORY/24'(MAX. HT. 30')MAX. BUILDING HEIGHT:PROPOSED BUILDING HEIGHT :55 SPACES37,404 SFPARKING REQUIRED ASSISTED lIVING:GROSS FLOOR AREA ASSISTED LIVING:EXISTING USE:PROPOSED USE(S):VACANTMIXED-USE ASSISTED LIVING FACILITY1. SITE PLAN BASED ON A SURVEY PREPARED BY GEOPOINT SURVEYING,INC., JANUARY 29, 2016.2. ALL UTILITIES TO BE UNDERGROUND SEC. 45-36(G.).3. IF VILLAGE ADOPTS A COMPREHENSIVE PLAN AMENDMENT THATINCREASES THE LOT/BUILDING COVERAGE ABOVE 35%, THE ADDITIONALSQUARE FOOTAGE DEPICTED ON THE SITE PLAN MAY BE CONSTRUCTEDVIA THE APPROVAL OF A MINOR SITE PLAN AMENDMENT OR A STAFFLEVEL REVIEW, IF PERMITTED BY THE ZONING CODE IN PLACE AT THETIME.2.72 AC. (118,788 SF)PHASE I PARKING PROVIDED:BUILDING COVERAGE ALLOWED (MAX. 35%):DEVELOPMENT TEAM:CIVIL & TRAFFIC ENGINEER:GEOPOINT4152 WEST BLUE HERON BLVD.SUITE 105RIVIERA BEACH, FL 33404(561) 444-2720URBAN DESIGN KILDAY STUDIOS610 CLEMATIS STREETSUITE CU02WEST PALM BEACH, FL 33401(561) 366-1100SIMMONS & WHITE5601 CORPORATE WAYSUITE 200WEST PALM BEACH, FL 33407(561) 478-7848HANDICAP PARKING (SPACES INCLUDED IN TOTAL PARKING PROVIDED ABOVE)REQUIRED: 3 SPACESPROVIDED: 4 SPACESLOADING:PROVIDED: 2 SPACENOTESPROPERTY DEVELOPMENT REGULATIONS:REQUIREDPROVIDED35%50'36.5%*MAXIMUMBUILDINGCOVERAGESETBACKSFRONT SIDEREAR20'LAND PLANNER& LANDSCAPE ARCHITECT:E&C ENGINEERS, INC.2755 VISTA PARKWAYSUITE 1-3WEST PALM BEACH, FL 33411(561) 712-1149LIGHTING ENGINEER:13.3'/127.1'24'10'NPB SENIOR REAL ESTATE LLC1001 TELECOM DRIVEBOCA RATON, FL 33431(561) 981-525210.1' / 16.2'LOCATION MAP:PERVIOUS/IMPERVIOUS AREA:IMPERVIOUS:1.64 AC. (71,596.90 SF)PERVIOUS:1.08 AC. (47,191.10 SF)WAIVERS REQUESTED:USE : 1 SP. PER UNIT @ 60 UNITS = 60 SPACESUSE : 1 SP. PER 300 SF ADMIN/SERVICE AREA@ 1,747 SF = 6 SPACESDEVELOPER:SURVEYOR:VINYL FENCE DETAIL:8' TALL WHITE VINYL FENCE WITH GATESPECIFIC MODEL AND DETAILS TO BE PROVIDED AT TIME OFBUILDING PERMIT APPLICATION.A. RESIDENTIAL COMPONENT - 26,466 SF (71%)B. NON-RESIDENTIAL COMPONENT - 10,938 SF (29%)85#- IDENTIFIES EACH WAIVERLOCATION ON THE SITE PLAN6,000 SFGROSS FLOOR AREA RESTAURANT/RETAIL/OFFICE:72 SPACESPARKING REQUIRED RESTAURANT: 84 SPACESPHASE II PARKING PROVIDED:USE : 1 SP. PER 75 SF OF FLOOR AREA = 80 SPACESUSE : 1 SP. PER 1.5 EMPLOYEES (6 EMPLOYEES) = 4 SPACES(WAIVER REQUESTED)RESTAURANT/RETAIL/OFFICE 150 SPACESPHASE II PARKING REQUIRED:78 SPACESWaiver Code SectionRequirementProposedWaiverJustification*1. Section 27-64 -One (1) tree provided for each seventy-five (75) lineal feet of landscape buffer or fractional part thereof adjacent to the south and north propertyA total of Five (5) trees provided (spaced) every 75 lineal feet of landscape buffer (360LF/ 75 ft. O.C.= 5 trees)1. Trees adjacent to outdoor courtyardcreates safety and security issues as the residents are prone to climbing; 2. 45-32. D. 1. a. Front yards – For main structures of two (2) stories or less, there shall be a front yard setback of not less than fifty (50) foot feet measured from the street line to the front line of the main building.Commercial Building -50-foot front setbackCommercial Building- 10-foot-front setback Front setback – 10 feet (waiver of 40 feet)1. Setback Waiver for additional 6,000 square foot commercial building to support proposed Village Master Plan. Waiver required to comply with current code requirement.3.4.45-32. E.7. – (Assisted Living facility) One (1) Parking Space per for each residential living area or two (2) beds whichever is greater, plus one (1) parking space per 300 SF of administrative and service area.45-37. E.6.- Restaurants, one (1) space for each seventy-five (75) square feet of floor areadevoted to patron use, or one (1) space per three (3) fixed seats, whichever is greater, and one (1) space for each one and one-half (1-1/2) projected employees who would actually work during peak employment hours.66 Parking Spaces84 Parking Spaces(1 space per 75 SF & 1.5 space per employee)TOTAL REQUIRED 150 Parking Spaces55 Parking Spaces23 parking spacesTOTALPROVIDED78 Parking Spaces72 parking spaces 1. Residents cannot drive vehicles-reduces amount of parking required for use . 2. Maximum number of employees at peak work hour shift is 25and it is common for employees to utilize public transportation options which reduces the parking required for the use. 2. Waiver for a dditional 6,000 square foot commercial building to support proposed Village Master Plan. Waiver required to comply with current code requirement.45-36. D – Maximum Fence Height Six Feet (6’)Six Feet (6’) Max. Ht. Eight Feet (8’) Max. Ht.Two Feet (2’) Increasing the fence height is necessary to ensure the safety of the residents utilizing outdoor courtyard.·See justification statement for additional information lines. 2. Landscape plantingareas are limitedadjacent to courtyardfence and drainagealong north buffer andsewer along southbuffer: 3. no reductionof required treeproposed as part ofwaiverA total of five (5)trees spacedranging from 14 to142 linear feetalong the northbuffer and 52 to128 linear feetalong the southbuffer.Trees spacingranging from 14 to142 linear feetalong the northbuffer and 52 to128 linear feetalong the southbuffer.BUILDING CLASSIFICATION FOR FIRE CODE:I-2ASSISTED LIVING FACILITY41,576 S.F.41,576 S.F.43,404 S.F.(+1,828 S.F.)BUILDING COVERAGE PROPOSED:POTENTIAL BUILDING COVERAGE SUBJECT TO FUTURE AMENDMENT(SEE NOTE 3)*SEE NOTE 3(36.5%)NORTH11 XX XXXSP122PS4LN6PE14LMPROPOSED 8' HT.PVC FENCEFOUNTAIN TYP.BENCH TYP.GATEBACKFLOWPREVENTERS.QV1LM1N.T.S.ROOT BARRIER SYMBOLROOTBARRIER (TYP.)GREASE TRAPSPE14PE212QVTRA26TRA2TRA211TRA2LN122'20'18'16'1QV7SPEWAIVER REQUESTED120'20'18'18'16'16'16'18'LN2JAS70VIB48QV220POD73IXOSP3TRM54TRM57CHR738CHR68TRMTRM7868TRM13CHR16TI122CLU68TRMJAS236POD32IXO29JAS27COD122CRI36PTV11LICOD1768TRM23PTV12SYZ14TRM1IPPOD103RE33DUR21LOR3TI157TRM18ALO2PE355ANN55ANN18ALO43TRM4RE33DUR21LOR3TI183ANN6TI225PTV2POD32JAS29IXO29SP3COD12PTV13623PTV12SYZ9POD14TRM1IP68TRM17COD36PTV12CRI1LI2LN25CLU19CLU7CLU78TRM40CHRHAM24CLU56CHR1615POD31LNFPL TRANSFORMERFPL TRANSFORMERILX11HAN12SAB4STA7HAM39HAN17LI2PLU215STA11SAR12CLU4119ODO9HAN7ODO8HANTRM91ILX15HAN4TRM25ILX1935TRM2SAB6CAN8ODO26PTV28PLU24HAN10SEN4SP220FGI2SAR7CAN5HAN8STA12RUE22PTV216FGISAB2CAN6ODO8PLU28HAN4SEN10PTV226FGI20SAR2CAN7HAN5STA8RUE12PTV222FGI166COD4ASP7LOR15SCH12PTV24LI4TI131FGI5COD4ASP15LOR15PTV210SCH2TI228FGICOD5ASP4PTV215SCH10LOR15FGI28COD6ASP4SCH15LOR7PTV212FGI29MUH13SMALL PALMU.S. Highway 1 A/C UNITS TYP.ZONING DISTRICT: R1 - SINGLEFAMILY DWELLING DISTRICTLAND USE: SFDNORTH PALM BEACH VILLAGE OFPLAT 1 PB24 PG202-206OUTDOORCOURTYARD 16.3' LANDSCAPE BUFFER5.0'PERGOLA SEATING AREA(SEE ARCHITECTURALPLANS FOR DETAILS)3' PERIMETER WALL WITHDECORATIVE COLUMNS ANDTRELLIS COVERINGENTIRE WALL (SEEARCHITECTURAL PLANSFOR DETAILS)NEW FP&L POWER POLER25.0'INTERNAL COURTYARDHANDICAPPARKINGSPACESIGNS (TYP.)SIDEWALK TYP.TRI5TRI9NEO19DIA3NEO15JUN2136JUNCHR13PLU29TRD3037TRI5TRD10TRDTRI11TRI1416TRDASP7NEO45TI232JUN332JUN38JUN32PE3LN1LN12PE341JASPE311PE3LN11PE3Xref \\192.168.1.8\cad\JOBS\NPB Memory Care - US Hwy 1_16-001\Drawings\Xref\Bldg B1.dwgXref \\192.168.1.8\cad\JOBS\NPB Memory Care - US Hwy 1_16-001\Drawings\Xref\Bldg B1.dwgXref \\192.168.1.8\cad\JOBS\NPB Memory Care - US Hwy 1_16-001\Drawings\Xref\Bldg B1.dwg84JASCHR1750JAS215POD2POD28JAS23624CHR5AM31JASDrawing name: H:\JOBS\NPB Memory Care - US Hwy 1_16-001\Silver Fla Prop_DD_.000\Drawings\Landscape Plan\2021.07.23 LP.dwgRevision Dates:Designed By:Drawn By:Checked By:Project No.:Date:Scale:0NORTHUrban Planning & DesignLandscape ArchitectureCommunication GraphicsCopyright:All ideas, designs, arrangements, and plansrepresented by this drawing are owned by andthe property of the designer, and were createdfor the exclusive use of the specified project.These ideas, designs, arrangements or plansshall not be used by, or disclosed to any person,firm, or corporation without the writtenpermission of the designer.610 Clematis Street, Suite CU02West Palm Beach, FL 33401561.366.1100 FAX 561.366.1111www.udkstudios.com#LCC00003503.07.1616-001.000JWBJWBJP/JB/JWBLP-1of 403/07/2016 Submittal04/22/2016 Resubmittal12/20/2016 Resubmittal01/26/2017 Resubmittal02/24/2017 Resubmittal03/31/2017 Revisions/ Trellis04/27/2017 Resubmittal12/05/2017 Building Permit Submittal12/15/2017 SUA Submittal01/22/2018 SUA Re-submittalVillage of North Palm Beach, Florida Landscape Plan North Palm Beach Commons Memory Care 40'20'10'1" = 20'-0"REQUIRED LANDSCAPINGREQUIRED OFF-STREET PARKING AREA LANDSCAPE AREA (10 S.F. OF LANDSCAPEAREA FOR EACH PARKING SPACE EXCLUDING PARKING ABUTTING PERIMETERS- 68 SPACES) 680 S.F.PROVIDED OFF-STREET PARKING AREA LANDSCAPE AREA + 680 S.F.REQUIRED OTHER VEHICULAR USE AREAS LANDSCAPE AREA (1 S.F. OF LANDSCAPEAREA FOR EACH 100 S.F. OF PAVED AREA -32,861 S.F.EXCLUDING THE FIRST 5,000 S.F. - 27,861 S.F.) 236 S.F.PROVIDED OTHER VEHICULAR USE AREA LANDSCAPE AREA + 236 S.F.REQUIRED INTERIOR LANDSCAPE TREES (1 TREE FOR EACH 100 S.F. OF REQUIREDINTERIOR LANDSCAPE AREA - 916 S.F.) 10 TREESPROVIDED INTERIOR LANDSCAPE TREES 10 TREESMAXIMUM % OF PROVIDED PALMS 50%PROVIDED % OF PALMS (15 PALMS - 34 TREES) 30.6%REQUIRED BUFFER TREES NORTHERN BUFFERREQUIRED TREES (360 LF/ 75' O.C.) 5 TREESPROVIDED TREES 5 TREESSOUTHERN BUFFERREQUIRED TREES (360 LF/ 75' O.C.) 5 TREESPROVIDED TREES 5 TREESEASTERN BUFFERREQUIRED TREES (330 LF/ 50' O.C.) 7 TREESPROVIDED TREES 8 TREESWESTERN BUFFERREQUIRED TREES 0 TREESPROVIDED TREES 7 TREESNOTE: - ALL SOD TO BE ST. AUGUSTINE FLORATAM SOD - ALL LANDSCAPE AREAS TO HAVE 100% AUTOMATIC IRRIGATION COVERAGE04/24/2018 Eng. Updates05/08/2018 SUA Updates06/01/2018 Respond toTown Comments04/01/21 SUA Updates07/23/21 Updates1TREESCODE QTY BOTANICAL / COMMON NAMEREMARKSIP 2 Ilex x attenuata `East Palatka` / East Palatka HollyMin. 12` ht., 6` spr., 2" cal. 5` ct.QV 6 Quercus virginiana / Southern Live OakMin. 15` Ht., 7` Spr., 4.5" Cal., 5` Ct., MatchedSP24Senna polyphylla / Desert CassiaMin. 15 gal. cont., 5` ht., 30" spr., matched standardsFLOWERING TREES CODE QTY BOTANICAL / COMMON NAMEREMARKSLI 8 Lagerstroemia indica `Dynamite` / Crape MyrtleMin.8` Ht. x 3-4` Spr., 3` Ct., 1" Cal., Total, 3-5 Multi-Trunks, FullCanopy, MatchedLM 5 Lagerstroemia x `Muskogee` / Lavender Crape Myrtle Multi-Trunk 15` Ht., 6` Spr., 3" Cal. 5` Clear TrunkLN14 Lagerstroemia x `Natchez` / White Crape MyrtleMin. 15` Ht. x 7` Spr., 5` Ct., 3.5" Cal. Total, Multi-Trunk, FullCanopyPALM TREESCODE QTY BOTANICAL / COMMON NAMEREMARKSAM 5Adonidia merrillii / Christmas Palm8` Clear Wood, 16-18` O.A., 7" Cal., Matched,PS 2 Phoenix sylvestris / Wild Date PalmMin. 8` Clear Wood, 18" Cal., Diamond Cut Trunk, MatchedPE3 9 Ptychosperma elegans / Alexander Palm14` Clear Wood, 4" Cal., triple trunked palmPE2 1Ptychosperma elegans / Alexander Palm14` Clear Wood, 4" Cal., double trunked palmPE1 10Ptychosperma elegans / Alexander Palm14` Clear Wood, 4" Cal., single trunked palmSP 15 Sabal palmetto / Cabbage Palmetto14" cal. slick trunks, hurricane-cut, hts. on plans are clear wood hts.EXISTING PALMSCODE QTY BOTANICAL / COMMON NAMEREMARKSSPE7Sabal palmetto / Cabbage PalmExisting on site, 7 relocated and hurricane cut, 9-14" cal, slicks,16-20` c.w.SHRUBSCODE QTY BOTANICAL / COMMON NAMEREMARKSCHR161Chrysobalanus icaco `Red Tip` / Red Tip CocoplumMin. 3 Gal. 24" Ht. x 24" Spr. 36" o.c.. Full and Dense Shrub, Full toBaseCHR126Chrysobalanus icaco `Red Tip` / Red Tip CocoplumMin. 3 Gal. 24" Ht. x 24" Spr. 24" o.c.. Full and Dense Shrub, Full toBaseCLU411Clusia guttifera / Small-Leaf ClusiaMin. 4` ht., 30" spr., 3` o.c., full to base shrub formCLU 150 Clusia guttifera / Small-Leaf ClusiaMin. 36" ht., 24" spr., 30" o.c. full to base shrub formHAM 63 Hamelia patens / Fire BushMin. 3 Gal. 24" Ht. x 24" Spr. 36" O.C. Full and Dense Shrub, Full toBasePOD 133 Podocarpus macrophyllus / Yew PineMin. 24" Ht., 20" Spr., Full to Base, Full Dense Shrub, 24" o.c.POD2 15 Podocarpus macrophyllus / Yew Pine30" ht., 18" spr., 18" o.c. full dense hedgePOD3 15 Podocarpus macrophyllus / Yew PineMin. 4` ht., 30" spr., 30" o.c., full to baseRE 8 Rhapis excelsa / Lady PalmMin. 7 Gal. Cont., 50" Ht., 36" Spr., 4` o.c., Full to baseVIB 48 Viburnum suspensum / Sandankwa ViburnumMin. 3 Gal. Cont., 24" Ht., 20" Spr., 2` o.c., Full to Base,ACCENT PLANTSCODE QTY BOTANICAL / COMMON NAMEREMARKSTI2 13 Cordyline fruticosa Red Pepper / Red Pepper Ti PlantMin. 7 Gal. Cont., 40" Ht., 24" Spr., 3 plants per potTI1 23 Cordyline fruticosa `Red Sister` / Red Sister TiMin. 7 Gal. Cont., 40" Ht., 24" Spr., 3 plants per potCRI4Crinum augustum `Queen Emma` / `Queen Emma` CrinumMin. 10 Gal. Cont., 4` Ht., 4` Spr., Disease free, 1 plant per potSYZ4Syzygium paniculatum `Globulus` / Brush CherryMin. 7 Gal. Cont., 3-4` Ht., Spiral, MatchedORNAMENTAL GRASSES CODE QTY BOTANICAL / COMMON NAMEREMARKSTRD 61Tripsacum floridanum / Florida GamagrassMin. 3 Gal. Cont., 24" ht., 24" spr., 30" o.c. Full Dense ClumpVINE/ESPALIERCODE QTY BOTANICAL / COMMON NAMEREMARKSTRA 4Trachelospermum jasminoides `Confederate` / Confederate Jasmine Min. 7 Gal. Cont., 4` Trellis RunnersTRA2 8Trachelospermum jasminoides `Confederate` / Confederate Jasmine Min. 15 Gal. Cont., 6-7` Trellis RunnersSHRUB AREASCODE QTY BOTANICAL / COMMON NAMEREMARKSALO 36 Alocasia odora `California` / Dwarf Elephant EarMin. 3 gal. cont., 18" ht. 18" spr., 24" o.c.ASP 23 Asparagus densiflorus `Myers` / Myers AsparagusMin. 3 gal., cont., 16" ht., 16" spr. full dense clump.CAN 26 Canna flaccida / Yellow CannaMin. 1 gal. cont., 18" ht., 16" spr., 18" o.c.COD 80 Codiaeum variegatum Mammey / Mammey Red CrotonMin. 3 Gal. 16" Ht. x 16" Spr. 24" o.c., red leaves, Full and DenseShrub, Full to BaseDUR 66 Duranta erecta `Gold Mound` / Gold Mound DurantaMin. 3 gal. cont., 14" ht., 16" spr., full to base, 24" o.c.FGI 188 Ficus microcarpa `Green Island` / Green Island Ficus18" ht., 18" spr., full to base, 18" o.c.HAN 68 Hamelia nodosa / Dwarf FirebushMin. 3 gal. cont., 20" ht., 20" spr., 30" o.c.ILX 45 Ilex vomitoria `Stokes Dwarf` / Dwarf YauponMin. 3 gal. cont., 12" ht., 12" spr., 18" o.c.IXO 246 Ixora coccinea `Maui` / Maui IxoraMin. 20" ht. 20" spr., 24" o.c., full to base shrubJAS2 122 Jasminum volubile / Wax Jasmine14" ht., 14" spr., full to base 18" o.c.JAS 311 Jasminum volubile / Wax JasmineMin. 3 Gal. Cont., 24" Ht., 18" Spr., Full, 2` o.c.LOR86Loropetalum chinense `Ruby` / Ruby LoropetalumMin. 3 gal. cont., 14" ht. 16" spr. 2` o.c.MUH 13Muhlenbergia capillaris / Pink MuhlyMin. 3 Gal. Cont.,20" Ht., 20" Spr., 36" o.c., Full to BaseODO32Odontonema strictum / Firespike18" ht., 18" spr., full to base, 18" o.c., red flowersPTV2 175Pittosporum tobira `Variegata` / Variegated Pittosporum18" ht., 18" spr., full to base, 18" o.c.PTV1 118Pittosporum tobira `Variegata` / Variegated PittosporumMin. 3 gal. cont., 20" ht. 20" spr. full to base. 24" o.c.PLU2 40Plumbago auriculata `Imperial Blue` / Plumbago18" ht., 18" spr., full to base, 18" o.c.RUE 24Ruellia brittoniana `Purple Showers` / Sterile Mexican Petunia18" ht., 18" spr., full to base, 18" o.c.SAR16Salvia coccinea / Scarlet SageMin. 3 Gal. Cont., 18" ht., 16" spr.,Full to BaseSAB 8 Salvia leucantha / Mexican Blue SageMin. 3 Gal. Cont., 18" Ht., 16" Spr., 24" O.C.Full to BaseSCH 50 Schefflera arboricola `Trinette` / ScheffleraMin. 3 Gal. Cont., 18" Ht., 16" Spr. Full to base, 18" o.c.SEN 20 Senna mexicana chapmanii / Bahama Cassia18" ht., 18" spr., full to base, 18" o.c.STA 34 Stachytarpheta jamaicensis / Native PorterMin. 3 Gal. Cont., 18" Ht., 16" Spr., 18" O.C.Full to BaseGRASSESCODE QTY BOTANICAL / COMMON NAMEREMARKSDIA 3 Dianella tasmanica / Flax LilyMin. 3 Gal. Cont.,20" Ht., 20" Spr., 24" o.c., Full to BaseTRI 76 Tripsacum floridanum / Florida GamagrassMin. 3 Gal. 24" Ht. x 24" Spr. 24" O.C. Full and Dense Shrub, Full toBaseGROUND COVERSCODE QTY BOTANICAL / COMMON NAMEREMARKSANN193 Annuals Annuals / Annuals4" pots, seasonal varieties, 1` o.c.JUN 57Juniperus chinensis `Parsonii` / Parsoni JuniperMin. 3 Gal. Cont., 10" ht., 10" Spr., Full Dense Shrub, 18" o.c.JUN3 72Juniperus chinensis `Parsonii` / Parsoni JuniperMin. 3 Gal. Cont., 14" ht., 16" Spr., Full Dense Plant, 20" o.c.NEO38Neomarica caerulea `Regina` / Apostle IrisMin. 3 Gal. Cont., 18" Ht., 18" Spr. full dense clump, 24" o.c.TRM 964Trachelospermum asiaticum `Minima` / Minima JasmineMin. 1 Gal. Cont., 8" Ht., 8" Spr., Full, 15" o.c.PLANT_SCHEDULE_PHASE_I VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jessica Green, Village Clerk DATE: August 12, 2021 SUBJECT: MOTION – PBC League of Cities Voting Delegate and Alternates The Village received a request from the Palm Beach County League of Cities, Inc. to officially designate a voting delegate and alternate(s) to vote on behalf of the Village at any League membership meeting or function. This designation would apply specifically to weighted voting items for the General Membership. Weighted voting is provided for in Article Four of the League By-Laws (attached) and is determined according to population. As currently drafted, the By-Laws provide the Village with two weighted votes. Unless a weighted vote is requested and approved, the business of the League is conducted by a simple majority of the quorum, with each Municipal Member having one vote. The governing body of the Municipal Member may annually designate a voting delegate and alternates. The Village’s voting delegate and alternates were last designated in 2020. Through the adoption of Resolution 2016-07, the Council provided that subsequent appointments of a voting delegate and alternates may be accomplished by motion, rather than by resolution. Recommendation: Village Administration recommends Council appoint a voting delegate to the Palm Beach County League of Cities, Inc., and appoint all councilmembers not serving as the voting delegate to serve as alternate voting delegates. www.palmbeachcountyleagueofcities.org | rradcliffe@pbcgov.org Tel. 561-355-4484 · Fax 561-355-6545 P.O. Box 1989, Gov. Center, West Palm Beach, FL 33402 Office: Governmental Center, 301 North Olive Ave., West Palm Beach, FL 33401 Designation of Voting Delegate & Alternate(s) to the Palm Beach County League of Cities, Inc. In accordance with Article Four of the Bylaws of the Palm Beach County League of Cities, Inc., as amended January 25, 2017, the governing body of (City, Town, or Village name): Took the official action and designated the following voting delegate and alternate(s) to vote on behalf of the above named municipality at any League of Cities general membership meeting, special general membership meeting and/or function of the general membership. This designation applies ONLY to weighting voting items for the General Membership. Voting Delegate: Email: Alternate(s): Email: Alternate(s): Email: Alternate(s): Email: Alternate(s): Email: Alternate(s): Email: Alternate(s): Email: Action taken this _____ day of______________, 2021 ______________________________________________ Mayor Signature Attest: ____________________________________________ Clerk Signature (SEAL) Special Meeting called for that purpose and shall circulate written ballots to be executed by the voting delegates of each Municipal Member; provided, however, that in the event that any nominee is unopposed, that nominee shall automatically be elected by acclamation without ballot. Ballots, if necessary, shall be tabulated by the nominating committee and the results announced to the membership. Weighted voting shall not apply to the election of Officers and/or Directors. ARTICLE FOUR VOTING Section 1. Municipal Members. Each Municipal Member, whose dues and assessment accounts are current, shall be eligible to vote on items of business at all Regular and Special Meetings. Each Municipal Member, by proper motion of its governing body, shall annually designate a voting delegate and alternates if so desired. Voting delegates and alternates from each Municipal Member shall be submitted to the Executive Director of the League in writing upon a form provided for this purpose. This form shall also be executed by the Mayor and Clerk of the applicable municipality. No other persons shall be eligible to vote on business items at Municipal Membership Meetings. Section 2. Weighted Votes. A. Allocation; Mechanism: The voting delegate of aAny Municipal Member who is eligible to vote may call for a weighted vote on any issue before the membership unless prohibited under subsection B herein below. Weighted voting is automatic upon call by a member who is eligible to vote. Each weighted vote shall be by roll call vote, taken and recorded by the Secretary-Treasurer or designee. Weighted votes for each Municipal Member shall be based upon the latest Estimates of Population by County and Municipality prepared by the University of Florida. 1) Each Municipal Member of up to 5,000 population shall have one (1) weighted vote. 2) Each Municipal member of 5,001 to 17,144 population shall have two (2) weighted votes. 3) Each Municipal member of 17,145 to 35,000 population shall have three (3) weighted votes. 4) Each Municipal Member of 35,001 or more population shall have four (4) weighted votes. B. Prohibited: Weighted voting is prohibited in the following instances: 1) Appointments to County wide, Regional and State Committees and Boards in accordance with Article Eleven of these Bylaws. 2) Removal of League appointees in accordance with Article Twelve of these Bylaws. 3) Election of Officers and Directors in accordance with Article Three of these Bylaws. Section 3. Non-Weighted Votes. Unless a weighted vote as described in accordance with subsection 2A hereinabove is requested by a voting delegate of a Municipal Mmember eligible to vote and approved by the Municipal Membership, the business shall be conducted by a simple majority of the quorum. If the presiding officer is unable to determine the results of a voice vote, the presiding officer may request a roll call vote. Page 3 of 10 RESOLUTION 2016 -07 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING A VOTING DELEGATE AND ALTERNATE VOTING DELEGATES TO THE PALM BEACH COUNTY LEAGUE OF CITIES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council wishes to appoint a voting delegate and alternate voting delegates to the Palm Beach County League of Cities to vote on behalf of the Village at general membership meetings or as otherwise permitted or required. NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The Village Council hereby appoints Robert Gebbia as voting delegate to the Palm Beach County League of Cities ( "League "). All Councilmembers not serving as voting delegate shall serve as alternate voting delegates to the League. The Village Council, by majority vote, may modify these appointments without need to amend this Resolution. Section 2. All Resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS 10TH DAY OF MARCH, 2016. Village Seal) ATTEST: VILLAGE CLERK I C MAYOI(,) August 12, 2021 Anchorage Park Marina Dry Storage Update Tonight’s Discussion •Design per Master Plan •Update on Resident Concerns •Update on State Grant Change •Provide Green Space Evaluation Action Required •Direct staff to engage consultants for professional engineering & planning tasks on final foot print; •Not a final project approval or notice to commence construction; •No additional funding impacts at this time - consultants cost already approved & budgeted; •Future review of design options by Council & Advisory Boards before final approval. 2017 Master Plan 2A 2017 Master Plan 2B Northside Design Northwest Corner Dry Storage Analysis Day Space Analysis Current Layout Location Amount Asphalt 20 Grass 12 Total Spaces 32 Keep South Storage Lot Length Amount Asphalt 10 Grass 12 Total Spaces 22 Location Amount Asphalt 34 Grass 12 Total Spaces 46 Master Plan Fence Option Tentative Schedule •Consultants Work (Dec) •Council & Advisory Board Reviews (Jan) •Revisions if Needed (Feb) •Bid Process 3 Months (May) •Contract Award (June) VILLAGE OF NORTH PALM BEACH PARKS & RECREATION TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Stephen Poh, Superintendent of Parks & Recreation DATE: August 12, 2021 SUBJECT: Discussion on Palm Beach Crew Agreement for Use of Anchorage Park Village Staff is seeking Village Council direction and approval to move forward with an agreement with Palm Beach Crew for the development and use of a storage area at Anchorage Park. Background: Palm Beach Crew, which is a 501(c)(3) non -profit rowing club led by head coach, Dr. Susan Saint Sing, has been using Anchorage Park for the storage of equipment, training and launching boats. It offers competitive rowing for novice and varsity levels. The initial use of Anchorage Park by Palm Beach Crew was experimental in nature and no agreements were in place governing its use. With the growth of the program and its sustainability as an organization, it is necessary to formalize the relationship betwee n Palm Beach Crew and the Village. Agreement Concepts: Any use of Anchorage Park for the operational and storage needs of Palm Beach Crew must be accompanied by some value for the community. The following discusses the concepts that Village staff has discussed with Palm Beach Crew: Rowing Classes and Programming: The Needs Assessment confirmed that there is interest from our residents in rowing and other related activities (paddle boarding, kayaking, etc.). To address this need, the Crew would offer classes following the conditions of the Village’s current instructor agreement which includes a per person/occurrence fee. These classes consist of:  Rowing ergometer “spin” classes to be held on a weekly basis to teach basics of fitness on rowing machine; Ages 12 and up  “Learn to row” water sessions would be held bimonthly at lower tide cycles; Ages 12 and up Palm Beach Crew will also continue to offer programming at Anchorage Park:  Participation in National Row Day, which is held the first Saturday in June which is free to all residents.  Competitive opportunities for residents that would want to join the Palm Beach Crew racing program. Discounts are available for Village residents. This program is for ages 12-18. Village residents are currently participating in this program. Storage Area: The Crew currently stores its boats in the Village’s dry storage area and pays based upon current rental rates. Staff has requested that Crew remove its boats from the storage area to maximize the storage capacity for residents’ needs. In response, the Crew has proposed to create a fenced in area with landscaping around the fence near the launch area on the southeast corner of Anchorage Park (map attached). The fence material would be an 8’ black vinyl chain link fence to be screened with Calusa hedge material. The interior storage racks would be 2’ wide x 6’ high. The top of the rack would be below the height of the fence. The Crew would be responsible for paying the installation of the fencing and landscaping in this area. They would pay the Village a yearly rental fee for this area which would be half the amount of the current storage fee ($1,500). The agreement would be for one year. Should the Village or Palm Beach Crew decide to terminate the Agreement, the Crew would be responsible for the removal of the fenced area and restoration to the area’s current condition. Village Council Direction: Staff is seeking Council direction related to the proposal and the development of an Agreement between the Village and Palm Beach Crew. 20’ 60’ 10’ VILLAGE OF NORTH PALM BEACH OFFICE OF THE VILLAGE CLERK TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jessica Green, Village Clerk DATE: August 12, 2021 SUBJECT: DISCUSSION – Amending the Qualifying Period for Village Elections Prior to 2017, the qualifying period for the Village’s General Election was from noon on the last Tuesday in January to noon on the second Tuesday in February. At the request of the prior Palm Beach County Supervisor of Elections, the Village Council, through the adoption of Or dinance No. 2017-18, changed the qualifying period to the first seven (7) business days in January to allow sufficient time for the SOE to send vote-by-mail ballots to overseas citizens. In preparation for the 2021 Municipal Election, the current Supervisor of Elections indicated that the Village’s qualifying period still did not allow sufficient time to prepare the required vote-by-mail ballots which take at least three weeks to create, proofread and finalize. Pursuant to Section 101.62, Florida Statutes, the vote-by-mail ballots must be mailed forty-five (45) days prior to the election. Consequently, the Supervisor of Elections requested that the names of the candidates and any referendum questions for the March election be submitted by the middle of December. In response to the Supervisor of Elections request, staff recommended changing the qualifying period to the first seven (7) business days in December. The recommendation was approved by the Village Council through the adoption of Ordinance 2021-05 on March 25, 2021. On June 10, 2021, the Supervisor of Elections distributed a letter to Palm Beach County’s Municipal Clerks, Commissions and Councils requesting that election qualifying periods end on or before the 95th day before Election Day. For the March 8, 2022 election the qualifying period would be required to end no later than Friday, December 3, 2021. The Village’s current qualifying period would end on Thursday, December 9, 2021 which is the 89th day before Election Day. In light of the foregoing, Village Staff requests Council consideration, input and guidance regarding a proposed Ordinance amending the qualifying period for the Village’s General Election held on the first seven (7) business days in December to a time frame during the month of November. A number of municipalities have moved their qualifying periods to the beginning of November so as not to conflict with the Thanksgiving holiday. Recommendation: Village Staff requests Council consideration, input and guidance regarding a proposed Ordinance amending Section 10-5 of the Village Code of Ordinances to change the qualifying period for the Village’s General Election held the second Tuesday in March from the first seven (7) business days in December to a time period in November.