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CITY OF WEST PALM BEACH CITY COMMISSION PASS/FAIL AGENDA JANUARY 28, 2019
Provided is a summary of some of the approvals and decisions made by the City Commission during a recent meeting.
City of West Palm Beach
City Commission
 
PASS/FAIL AGENDA
 
January 28, 2019
5:00 P.M.
 
IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY CLERK'S OFFICE, 401 CLEMATIS STREET, WEST PALM BEACH, FLORIDA 33401, {(561) 822-1210}

CALL TO ORDER:
 
INVOCATION:
 
PLEDGE OF ALLEGIANCE:
 
CIVILITY AND DECORUM: The City of West Palm Beach is committed to civility and decorum by its officials, employees and members of the public who attend this meeting. The City Code, Secs. 2-31(8), 2-31(18) and 2-31(22), provides in pertinent part:
 
  • Officials shall be recognized by the Chair and shall not interrupt a speaker.
  •  Public comment shall be addressed to the City Commission as a whole and not to any individual on the dais or in the audience.
  • Displays of anger, rudeness, ridicule, impatience, lack of respect and personal attacks are strictly prohibited.  
  • Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted.  
  • Offenders may be removed from the meeting.
 
ADDITIONS / DELETIONS / REORGANIZATION OF AGENDA:
 
PRESENTATION AND AWARDS OF MERIT (1):
 
  1. Presentation  of  a  Memorial  Plaque  to  City  of  West  Palm  Beach  Fire  Rescue.
PRESENTED
Agenda Cover Memorandum No.:  22287
 
CONSENT CALENDAR (2-14): ALL CONSENT ITEMS (2-14) APPROVED
 
  1. Minutes of the Special City Commission Meeting of January 7, 2019. Agenda Cover Memorandum No.: 22273
 
Staff Recommended Motion:
Approve the Minutes of the Special City Commission Meeting held on January 7, 2019.
 
  1. Minutes of the Regular City Commission Meeting of January 14, 2019. Agenda Cover Memorandum No.: 22275
 
Staff Recommended Motion:
Approve the Minutes of the Regular City Commission Meeting held on January 14, 2019.
 
  1. Resolution No. 49-19 authorizing the City to enter into an Agreement with Save My Limited Incorporated for the implementation of Vision Zero strategies for the City of West Palm Beach.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE PROCUREMENT OF A CONTRACT AMENDMENT BETWEEN THE CITY OF WEST PALM BEACH AND SAVE MY LIMITED, INC. FOR SERVICES RELATED TO VISION ZERO, IN ACCORDANCE WITH SECTION 66-94 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:  22267
 
Staff Recommended Motion: Approve Resolution No. 49-19.
Background:
Vision Zero cities across the U.S. create Action Plans to outline strategies specific to their cities’ needs. The goal for every city is zero traffic deaths and serious injuries. The purpose of these plans is to create a roadmap for action, as well as a tool for measuring and accessing progress towards the goal of eliminating severe injury crashes and fatalities.
 
Resolution No. 123-18 accepted the Downtown Mobility Plan recommendations to adopt a Vision Zero plan, safety programs and work towards no traffic fatalities or serious injuries.
 
Resolution No. 244-18 establishes the goal of zero traffic fatalities on West Palm Beach streets, adopts Vision Zero as the City policy for road and traffic safety, and directs the development of a Vision Zero Action Plan.
 
Resolution No. 171-18(F) provided appropriations in the amount of $35,000 to hire a consultant for the Vision Zero Implementation Plan.
 
Save My Limited was previously granted a contract with the City for Phase I of the Vision Zero program, with a fee of $35,000.
 
In the past few months, Save My Limited has been working with the West Palm Beach community in events such as Safe Senior Driving and Bike to Work Week initiatives. Save My Limited has also been the City’s representative at multiple stakeholder meetings and advocating for safer street design with the Florida Department of Transportation.
 
Other planned Vision Zero initiatives are the following:
Vision Zero Holiday Message Board
  1. School Safety Challenges
  2. WPB Safety Fair
  3. Distracted Driving Awareness Month
  4. National Bike Month
The City of West Palm Beach desires to continue the development of the Vision Zero program with Save My Limited.
 
The cost of the proposed new services exceeds $50,000 and are estimated not to exceed $80,000. Section 66-94 of the Code of Ordinances allows the City Commission to approve selection of a contractor where the requirements of the procurement code have not been met.
 
Resolution No. 49-19 approves the procurement of an agreement with Save My Limited Incorporated for the recollection of the implementation of Vision Zero strategies for the City of West Palm Beach.

Fiscal Note:
Resolution No. 332-18(F) authorize $200,000 as dedicated Vision Zero funding source.
 
  1. Resolution No. 24-19 Authorizing the City to enter into an Agreement with Moore Communications for the marketing and communications strategies of the West Palm Beach Mobility Study, Downtown Parking Study, downtown streetscape projects and Vision Zero.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE PROCUREMENT OF AN AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND MOORE COMMUNICATIONS, IN ACCORDANCE WITH SECTION 66-94 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:  22268
 
Staff Recommended Motion: Approve Resolution No. 24-19.
 
Background:
The development of the Downtown Mobility Plan was a collaborative effort that brought together residents, the business community, and regional and state partners to create a strategic transportation vision for downtown West Palm Beach. The mobility plan process began in the spring of 2017 with a visioning workshop, which included a public meeting and stakeholder meetings held over three days, and the launch of the interactive online map and the project website. During the summer, the project's technical steering committee met to provide technical guidance as the ideas for strategies were developed. In the fall, the complete mobility strategy was presented at a public open house. Input received at the meeting was used to refine and finalize the recommended actions to implement the plan.
 
Resolution No. 134-18 accepted the:
 
  • Downtown Mobility Plan, prepared by Alta Planning + Design, Inc.;
  • Citywide Bicycle Masterplan, prepared by McMahon Transportation Engineers & Planners dated January 2018;
  • Downtown Parking & Transportation Demand Management Study, prepared by Sam Schwartz, Transportation Consultants, dated April 25, 2018 (and as finalized);
  • Okeechobee Corridor Study prepared by Alta Planning + Design, Inc.;
 In the past year, the City has contracted with Moore Communications regarding Phase I of the Clematis Streetscape Project, for a fee of $11,970; and for the Parking initiative services for a fee of $24,200.  

Moore Communications has been a partner in engaging the public and media. An Okeechobee Corridor Public Meeting & Charrette was held June 12-15 at the Convention Center with more than 700 attendees. Engagement and outreach efforts included more than 50 meetings with key stakeholders. Other stakeholders engaged by the City include Palm Beach County, Town of Palm Beach, FAU, PBAU, Florida Department of Transportation, Palm Beach Transportation Planning Agency, Treasure Coast Regional Planning Council, Chamber of Commerce of the Palm Beaches, homeowners, condo and neighborhood organizations.
 
In media, Moore Communications prepared press material development such as press releases, media alerts and infographic invitations more than a half dozen times (charrette announcement and media alert, October meeting advance release, parking study release last June, April Gabe Klein visit post release and media alert and pitching. There was an extensive paid social media marketing campaign and secured media in the following of mediums: TV, Newspapers, Podcast, Radio, Online-only outlets with more than 70 placements in local media. Total potential audience reached over 1,000,000 via local TV and 20.3 million online impressions.
 
The City of West Palm Beach desires to continue to utilize Moore Communications for the development of marketing and communication strategies related to the Mobility Study, Downtown Parking Study, downtown streetscape projects and Vision Zero, as they have now developed an understanding of the City’s strategies.
 
The cost of the proposed new services will exceed $50,000. Section 66-94 of the Code of Ordinances allows the City Commission to approve selection of a contractor where the requirements of the procurement code for competitive selection have not been met.
 
Resolution No. 24-19 grants procurement approval for an agreement with Moore Communication to provide marketing and communications strategies for the West Palm Beach Mobility Study, Downtown Parking Study, downtown streetscape projects and Vision Zero.
 
Fiscal Note:
No fiscal impact.
 
  1. Resolution No. 11-19(F) accepting and appropriating funding in the amount of $5,000 from The Walter and Adi Blum Foundation, to reimburse the Parks and Recreation Department for the funds used to purchase Christmas presents for the children at the Pleasant City Holiday Celebration program.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE DONATION FUND BUDGET TO RECOGNIZE THE DONATION FROM THE WALTER & ADI BLUM FOUNDATION TO REIMBURSE THE CITY FOR THE PURCHASE OF CHRISTMAS PRESENTS IN 2018; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:    22269
 
Staff Recommended Motion:
Approve Resolution No. 11-19(F).
 
Background:
The Walter and Adi Blum Foundation has once again generously donated $5,000.00 to reimburse the purchase of Christmas presents for children who attend local elementary, middle, and high schools, after-care, and child-care programs that serve the Pleasant City community. Schools and programs include Pleasant Elementary School; the WPB Youth Empowerment Center; Coleman Park Community after-school program and Faith's Place pre and after school program.
 
This year the event was in honor of the late Mr. Eugene W. Murphy Jr. His generosity has been a blessing to many children and families in the Pleasant City community.
 
  1. Resolution No. 21-19(F) appropriating the award of $59,970.00 in grant funding from the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program for the purchase of specialized equipment.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROPRIATING FUNDS FOR A U.S. DEPARTMENT OF JUSTICE, EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA GRANT (JAG) FOR THE PURCHASE OF SPECIALIZED EQUIPMENT FOR THE WEST PALM BEACH POLICE DEPARTMENT IN THE AMOUNT OF $59,970.00; PROVIDING FOR AN EFFECTIVE DATE; AND OTHER PURPOSES.
Agenda Cover Memorandum No.: 22284
 
Staff Recommended Motion: Approve Resolution No. 21-19(F).
 
Background:
By Resolution No. 280-17, the City Commission authorized the submittal of a grant application to the Department of Justice, Edward Byrne Memorial Assistance Grant Program for a grant in the amount of Fifty-Nine Thousand Nine Hundred Seventy Dollars ($59,970.00), to purchase equipment to enhance law enforcement programs. The U.S. Department of Justice Programs, Bureau of Justice Assistance awarded the grant funding to the City.
 
When the grant was originally applied for in Fiscal Year 2017, the funding was identified to be used as partial payment for an additional Patrol Boat. Since then, an SFA Grant Award
 
# 2019-SFA-GAA-50-5P-003 was received FY2018-19 from FDLE which will be used to purchase the boat. The Department of Justice instructed the City to accept the JAG grant and submit a Grant Adjustment Notice (GAN). The GAN would ultimately change the scope from purchasing a Police Boat to the purchase of a 3-D Laser Scanner to be used to scan traffic accident and crime scenes.

Resolution No. 238-18 provided for acceptance of the grant, however, budget appropriations had to wait for the approved grant adjustment notice to be received. On January 4, 2019, the grant provided the approval for the Police Department to appropriate funds towards the purchase of a 3-D Laser Scanner to be used to scan traffic accident and crime scenes. The total estimated cost for the scanner, warranties and training is $123,135.52 of which the grant funds will pay up to $59,970.00.
 
Resolution No. 322-18(F) approved the use of Federal Asset Forfeiture proceeds and provided budget for the balance of $63,165.52 specifically for this purpose. Resolution No. 21-19(F) approves allocating grant fund budget in the amount of $59,970.00 towards the 3-D Laser Scanner.
 
Fiscal Note:
When approved, grant funds will be used to offset costs of the Police 3-D scanner.
 
  1. Resolution No. 32-19(F) amending the full-time equivalent budget for the Support Services Department and the Finance Department in General Fund and the Equipment Maintenance budget in the Fleet Management Fund.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, TO AMEND THE FY2018/2019 FULL TIME EQUIVALENT (F.T.E.) PERSONNEL DETAIL OF THE SUPPORT SERVICES DEPARTMENT AND THE FINANCE DEPARTMENT GENERAL FUND BUDGETS AND THE FLEET MANAGEMENT FUND BUDGET; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:  22285
 
Staff Recommended Motion: Approve Resolution No. 32-19(F).
 
Background:
The Department of Support Services in the General Fund is requesting to reclassify two of its current positions in order to obtain greater efficiencies and effectiveness in our current operations. Eliminate one (1) HVAC Supervisor position and add one (1) Facility Supervisor position. Earlier in the year the HVAC division and City Hall Operations division were merged to create Facility Operations. The merger has allowed us to streamline operations to encompass all aspects of facilities management including air conditioning. The Facility Supervisor position would allow for broader supervisory in the Facilities Operations division including HVAC (Heating Ventilation & Air Conditioning) as opposed to an HVAC Supervisor concentrated in one discipline. Due to the retirement of our former HVAC Supervisor, this change will have no budgetary impact and provide a cost savings.
 
The Finance Department in the General Fund requires adding one (1) Senior Fiscal Analyst and one (1) Accounting Clerk. Additional revenues and special project funds associated with a growing City has resulted in an increased work load for Finance. The work volume continues to increase and strain the Finance staff due to the time sensitive nature of accounts payable, payroll, and budget tasks. The Finance Department has not had a full complement of required staff to allow for efficient work processes and the expanded workload along with new training for software and system upgrades, transparency and financial compliance. Current vacancies in the Finance department will provide sufficient funding for current fiscal year, however, this will impact FY 2019/20 by approximately $120,000 by adding two (2) full-time equivalents.
 
The Equipment Maintenance division in the Fleet Management Fund requires the elimination one (1) Fleet Mechanic position and addition of one (1) Fleet Operations Supervisor position. With the addition of Fire Rescue maintenance services, we now have three repair shops to administer with only two supervisors. Having an additional supervisor would allow for leadership and management in each respective shop. Additionally, our supervisors can now be cross trained in Fire Rescue, Sanitation/Utilities/Parks, and Specialized Equipment. Due to the last Fleet Mechanic leaving, this change will have no budgetary impact in current fiscal year; however, it will impact FY 2019/20 by approximately $20,000.
 
Fiscal Note:
No impact to FY 2018/19. Impact will be in FY 2019/20 as noted.
 
  1. Resolution No. 29-19(F) amending the personnel detail of the Police Department's General Fund budget adding one (1) F.T.E. Administrative Assistant and Upgrading two (2) Secretary positions to Administrative Assistants and Resolution No. 30-19(F) reallocating budget from contractual services to personnel services to provide funding for the additional position.
 
RESOLUTION NO. 29-19(F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE FY 2018/2019
 
FULL TIME EQUIVALENT (F.T.E.) PERSONNEL DETAIL OF THE POLICE DEPARTMENT AND THE GENERAL FUND BUDGET; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
 
RESOLUTION NO. 30-19(F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2018/19 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GENERAL FUND BUDGET FOR THE POLICE DEPARTMENT TO REALLOCATE BUDGET FROM CONTRACTUAL SERVICES TO PERSONNEL SERVICES TO PROVIDE BUDGET FOR AN ADDITIONAL ADMINISTRATIVE ASSISTANT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:  22274

Staff Recommended Motion:
Approve Resolution No. 29-19(F) and Resolution No. 30-19(F).
 
Background:
The Police Department is requesting to amend the F.T.E. budget by adding one Administrative Assistant and reclassifying two Secretary Positions to Administrative Assistants. These positions are needed in a large part due to the Police Department’s assumption of all fleet related responsibilities and increased contract volume.
 
The additional Administrative Assistant Position will be assigned to assist the Logistics and Facility Section with contracts, invoices and various Fleet Administration duties. There has also been a significant increase in the number of purchases requiring a contract, where they were previously made with a purchase order only. Entering and tracking the contracts and helping to prompt movement through the contracting process is time sensitive and requires the employee to act as lead in coordinating actions and responses between various employees and vendors.
 
One of the Secretary positions was previously allocated as an Administrative Assistant. The work assignments require significant financial duties (travel and training requests, vendor payment follow up, Telestaff administrator duties) and contract administration. These duties warrant the reclassification back to the original job title.
 
The second Secretary position is assigned to Staff Services and the job duties have expanded to include the management of confidential records regarding hiring and training, and access control background check tracking for applicants and vendors.
 
The financial impact of the additional position is $51,137 (mid-range annual salary, Grade 47). The impact of upgrading the two secretary positions is approximately $5,650 annually per position for a total of $11,300 (12.5% of mid-range secretary position, Grade 42). There are sufficient funds available in the costs savings from assuming Fleet Operations to cover the $62,437 estimated annual increase in salary costs. Budget appropriations from the contractual services for vehicle maintenance will be moved to personnel services for the additional position.
 
Fiscal Note:
As of 1/7/2019 we have only used 6% of the $1,708,000.00 for vehicle maintenance.
 
  1. Resolution No. 19-19 granting ad valorem tax exemption for completion of the rehabilitation of the historic property located at 229 Belmonte Road.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION FOR THE PROPERTY LOCATED AT 229 BELMONTE ROAD, WEST PALM BEACH, FLORIDA, AS A RESULT OF THE HISTORIC REHABILITATION OF THE PROPERTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
 Agenda Cover Memorandum No.:    22270
 
Staff Recommended Motion:
Approve Resolution No. 19-19.
 
Background:
AUTHORITY: The Florida Constitution, Article VII, Section 3, authorizes municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which as the result of the restoration, renovation, or rehabilitation of the historic properties. Section 196.1997, Florida Statutes, establishes the process by which such exemption may be granted. The City's Code of Ordinances, Section 94-51, sets forth the City's Ad Valorem Tax Exemption program for historic properties. The program permits a ten-year ad valorem tax exemption on the value of improvements made to historic properties. To qualify, the property must be designated as an individual site or as a contributing property within an historic district in the Local and/or National Register of Historic Places. The property owner is required to apply for the program before improvements are initiated and again after the project is completed. The exemption is given for the City's and County's portion of taxes associated with the increased value of the property due to the improvements.
 
APPLICATION: At the August 28, 2018 meeting, the Historic Preservation Board (HPB) reviewed and recommended approval (5-0) of the Completed Work Application for the property at 229 Belmonte Road. The HPB determined that the improvements to the historic property were successfully completed according to the Secretary of the Interior's Standards for Rehabilitation. The defining architectural characteristics of the building were preserved and new additions and construction was determined compatible. The subject property is listed as a two-story Mediterranean Revival residence constructed in 1925, and it is a contributing property to the El Cid Historic District.
 
On March 28, 2017, Stephen Yeckes on behalf of Robert and Sarah Pardue filed an application and received preliminary approval from the HPB for an Ad Valorem Tax Exemption for the renovation and restoration of the property. Significant improvements to the property include new two-story accessory structure and site work including a pool and landscaping. The applicant estimates the work to total $275,000.
 
COMMISSION DISTRICT: The subject property is located in Commission District 3, Commissioner Paula Ryan.
 
Fiscal Note:
No fiscal impact.
 
  1. Resolution No. 20-19 granting ad valorem tax exemption for completion of the rehabilitation of the historic property located at 234 Pershing Way.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION FOR THE PROPERTY LOCATED AT 234 PERSHING WAY, WEST PALM BEACH, FLORIDA, AS A RESULT OF THE HISTORIC REHABILITATION OF THE PROPERTY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:    22271
 
Staff Recommended Motion:
Approve Resolution No. 20-19.
 
Background:
AUTHORITY: The Florida Constitution, Article VII, Section 3, authorizes municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which as the result of the restoration, renovation, or rehabilitation of the historic properties. Section 196.1997, Florida Statutes, establishes the process by which such exemption may be granted. The City's Code of Ordinances, Section 94-51, sets forth the City's Ad Valorem Tax Exemption program for historic properties. The program permits a ten-year ad valorem tax exemption on the value of improvements made to historic properties. To qualify, the property must be designated as an individual site or as a contributing property within an historic district in the Local and/or National Register of Historic Places. The property owner is required to apply for the program before improvements are initiated and again after the project is completed. The exemption is given for the City's and County's portion of taxes associated with the increased value of the property due to the improvements.
 
APPLICATION: At the October 23, 2018 meeting, the Historic Preservation Board (HPB) reviewed and recommended approval (5-0) of the Completed Work Application for the property at 234 Pershing Way. The HPB determined that the improvements to the historic property were successfully completed according to the Secretary of the Interior's Standards for Rehabilitation. The defining architectural characteristics of the building were preserved and new additions and construction was determined compatible. The subject property is listed as a one story Minimal Modern residence constructed circa 1953, and it is an individually designated property in the El Cid Historic District.
 
On April 25, 2017, Taylor Smith on behalf of Ira Scott Skier filed an application and received preliminary approval from the HPB for an Ad Valorem Tax Exemption for the renovation and restoration of the property. Significant improvements to the property include master suite addition to the back and expansion of the kitchen to the west and site work including landscaping. The applicant estimates the work to total $508,564.
 
COMMISSION DISTRICT: The subject property is located in Commission District 3, Commissioner Paula Ryan.
Fiscal Note:
No fiscal impact.
 
  1. Resolution No. 44-19 authorizing the Florida Department of Transportation (FDOT) to administer the Northshore Bridge Project and the 36th Street bridge project on behalf of the City of West Palm Beach.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ADMINISTER THE NORTHSHORE BRIDGE PROJECT AND THE 36TH STREETS IMPROVEMENTS PROJECT ON BEHALF OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:    22288
 
Staff Recommended Motion:
Approve Resolution No. 44-19.
 
Background:
By Resolution No. 90-16 the City Commission approved application to FDOT through the Palm Beach County Transportation Planning Agency for a Transportation Alternatives Program (TAP) Grant for a pedestrian bridge on North Shore Drive over the Carver Canal.
 
By Resolution Nos.120-17 and 121-17 the City Commission approved application to FDOT through the Palm Beach County Transportation Planning Agency for a Local Initiatives (LI) Grant for bicycle facilities, two multi-use bridges across the Carver Canal on 36th street, pedestrian scale lighting, roadway resurfacing, ADA compliant ramps and crosswalks for sidewalks on 36th Street from Australian Avenue to Flagler Drive.
 
FDOT awarded grant funds to the City for these two projects under the Local Agency Program (LAP).
 
Awarded Amount:
 
North Shore Bridge Project - $1,010,000
36th Street Improvements - $6,969,000
 
The City may be obligated to provide matching fund of up to 20% of the Project. The City is responsible for planning, engineering design, environmental assessment and construction inspection.
 
However, because of the structural bridge components, these projects were identified as critical projects. Therefore, FDOT would prefer to administer the Northshore Bridge Project and the 36th Streets Improvements project on behalf of the City of West Palm Beach.
 
Florida Department of Transportation will assume all costs that exceeds the current budget for engineering design, environmental assessment, construction and construction inspection for the Northshore Bridge Project and the 36th Streets Improvements project. FDOT will coordinate with the Engineering Services Department transportation project manager to ensure that all design elements meet City of West Palm Beach Engineering
Standards. FDOT will conduct public outreach and environmental assessment as required by the National Environmental Policy Act (NEPA) process. FDOT will obtain a Rights-of-Way Permit with the City of West Palm Beach for any construction activities within City’s Rights-of-Way.
 
Maintenance of the projects will be the responsibility of the City.
 
Resolution No. 44-19 authorizes the Florida Department of Transportation to administer the Northshore Bridge Project and the 36th Street Improvements Project on behalf of the City of West Palm Beach.
 
COMMISSION DISTRICT: District 1 - Commissioner: Kelly Shoaf.
 
Fiscal Note:
Matching funds may be required.
 
  1. Resolution No. 33-19(F) to amend the General Fund and various other funds for changes in budget appropriations for fiscal year 2018/ 2019.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE GENERAL FUND AND VARIOUS OTHER FUNDS BUDGETS FOR CHANGES IN BUDGET APPROPRIATIONS THAT CROSS FUNDS; ADDITIONAL BUDGET FOR POLICE AND FIRE PENSIONS AND HUMAN RESOURCES TRAINING; AND CHANGES IN REQUIRED BUDGET APPROPRIATIONS BASED ON ESTIMATED REVENUES AND EXPENDITURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
 Agenda Cover Memorandum No.:  22289
 
Staff Recommended Motion: Approve Resolution No. 33-19(F).
 
Background:
Changes have occurred in fiscal year 2018/2019 (FY19) which require adjustments to the appropriations that were adopted for revenues and expenditures this fiscal year.
 
Following are the amendments to General Fund 001:
 
Pension contributions increased $944,797 for the Police Department and $1,417,341 for the Fire Department. The Human Resources Department will spend $56,500 to complete the citywide training for “Learning at the Speed of Trust”. Revenue for a Transfer from the Community Redevelopment Agency (CRA) is increased $250,000 for the continuing repayment of the advance for construction of the Palm Beach County Convention Center.
Revenue for Administrative Fees is increased $10. Revenue for Payment in Lieu of Taxes (PILOT) is decreased $35,000 due to the closure of the municipal Golf Course.
 
Following are the amendments to other City funds:
 
Fleet Replacement Fund 327 has decreased revenues of $2,461,811. The General Fund deferred the refunding of vehicles for FY19.
 
Capital Acquisition Fund 304 has increased expenditures of $62,411 for additional equipment required on a new HAZMAT truck.
 
Parking Systems Fund 442 has a revenue increase of $92,000 from the CRA for trolley operations.
 
Waterfront District Fund 133 has a revenue increase of $231,616 from the CRA for waterfront programming activities.
 
Water & Sewage Systems Revenue Fund 450 has a revenue increase of $148,000 for property maintenance services provided to Stormwater System Fund 481 and East Coast Regional (ECR) Operating Fund 470.
 
Stormwater System Fund 481 has a revenue increase of $2,725 for street sweeping services provided to the ECR.
 
Information Technology Fund 501 has a revenue loss of $60,383 for IT services due to the closure of the Golf Course.
 
Self-Insurance Fund 504 has a revenue loss of $32,710 for risk management services due to the closure of the Golf Course and a duplicate budget for ECR general liability coverage.
 
Fiscal Note:
Upon approval, budgets will be adjusted for changes in estimated revenues and expenditures for fiscal year 2018/ 2019.
 
  1. Resolution No. 48-19 authorizing a Lease Agreement with the Honorable Richard L. Scott, United States Senator, for the lease of office space at 415 Clematis Street, Suite 201.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND THE HONORABLE RICHARD L. SCOTT, UNITED STATES SENATOR FOR CERTAIN PROPERTY LOCATED AT 415 CLEMATIS STREET, SUITE 201; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:  22290
Staff Recommended Motion:
Approve Resolution No. 48-19.
 
Background:
The City of West Palm Beach and the West Palm Beach Community Redevelopment Agency constructed the City Center Complex as the location for the municipal government, along with the library, and governmental and non-profit entities seeking a central location within the community. Additionally, the bonds which funded the construction are tax-exempt, which require non-commercial uses of the buildings.
 
The property located at 415 Clematis Street, Suite 201 is part of the City Center complex. In order to facilitate access for the community to their elected official, the City Commission previously leased office space in the property to Senator Bill Nelson. The United States Senate desires to lease the same 560 sq. ft. office space on the 2nd floor of 415 Clematis Street for the newly elected Senator Richard L. Scott.
 
Key terms of the lease include:
 
  • The lease terms will terminate on June 30, 2019, unless otherwise extended until the end of Senator Scott's current term of office.
  • Rent will be $1,867.00 per month (a rate of Forty Dollars ($40.00) per usable square foot).  
  • As required by the terms of the General Services Administration (GSA), the lease is structured as a gross lease and includes all expenses with the exception of telephone and internet.
  •  Resolution No. 48-19 authorizes execution of the Lease agreement.
 
Fiscal Note:
Rent will be $1,867.00 per month.
 
COMMENTS FROM THE PUBLIC FOR NON-AGENDA ITEMS:
 
RESOLUTIONS (15-17):
 
  1. Resolution No. 302-18 APPROVED granting "Face of the City" approval of above-ground design features for the improvements to Lift Station 74, located at the northwest corner of Congress Avenue and Chillingsworth Drive.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING AND APPROVING THE ABOVE-GROUND DESIGN FEATURES PRESENTED TO THE CITY COMMISSION FOR THE IMPROVEMENTS OF LIFT STATION 74, LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND CHILLINGSWORTH DRIVE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:    22276
 
Staff Recommended Motion:
Approve Resolution No. 302-18.
 
Background:
Section 66-13 of the City of West Palm Beach Code of Ordinances requires City Commission approval of design features for above-ground changes involving streets, parks, buildings, or landscaping. Accordingly, the proposed improvements to Lift Station 74 (the "Project") require “Face of the City” approval.
 
Lift Station 74 is located at the Northwest corner of Congress Avenue and Chillingsworth Drive. The project involves the conversion of an existing wet well mounted station to submersible pump station. There will be no changes to the footprint of the existing site. Above ground changes include installation of new chain link fence and silver buttonwood hedge. The 12-ft wide sliding gate will have photo screen cover to match proposed planting.
 
The target construction start for the Project is June 2019 for approximately six (6) months duration. The project is budgeted in Fund 45A Water Sewer Series 2017A Construction Fund.
 
Resolution No. 302-18 approves the above ground design features for the Lift Station 74 project site.
 
Fiscal Note:
Funding for Lift Station 74 Improvements is appropriated in the Water & Sewer Series 2017A Construction Fund 45A. Project No. 21867421 - $730,000.
 
  1. Resolution No. 358-18 APPROVED requesting Face of the City approval of the design for the Phipps Park Baseball indoor training facility and Resolution No. 10-19 APPROVED approving the first amendment to the agreement with Phipps Park Baseball, Inc. to authorize the construction of a permanent indoor training facility and provide for maintenance of the improvements.
  RESOLUTION NO. 358-18: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE DESIGN FEATURES PRESENTED TO THE CITY COMMISSION FOR THE PROPOSED BASEBALL INDOOR TRAINING FACILITY AT PHIPPS PARK, INC; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
 
RESOLUTION NO. 10-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH PHIPPS PARK BASEBALL, INC. FOR THE USE, OPERATION, MAINTENANCE AND MANAGEMENT OF PHIPPS PARK BASEBALL FACILITIES; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:    22277
 
Staff Recommended Motion:
Approve Resolution No. 358-18 and 10-19.
 
Background:
The City owns the baseball facilities located at Phipps Park which include four (4) baseball fields, batting cages and other baseball practice facilities, the restrooms, concession facilities and parking lot ("Baseball Facilities"). In August 2018, the City and Phipps Park Baseball, Inc. entered into an Agreement for Phipps Park Baseball to Use, Operate, Maintain and Manage the Phipps Park Baseball Facilities.
 
Phipps Park Baseball has a practice facility that is currently located outdoors and subject to weather conditions for use. Phipps Park Baseball is requesting to construct a permanent indoor facility which would enclose the practice facility in the same footprint of the existing outdoor facility. The facility will be open and free to all registered Phipps Park Baseball participants and include multi-use space including work out and fitness equipment. This structure will provide shelter from inclement weather for participants and parents. Phipps Park Baseball will be able to make this facility available for rent when not in use by the recreation league creating an additional revenue source to support the upkeep of Phipps Park Baseball. Upon the expiration or termination of the contract between the City and Phipps Park Baseball, Inc., the facility will remain a part of Phipps Park and the baseball complex.
 
The amendment to the existing Agreement requires Phipps Park Baseball to design and construct the facility in accordance with the City's requirements and to maintain the facility at Phipps Park Baseball's expense. Phipps Park Baseball will be responsible for all costs for design, permitting, construction and upkeep.
 
Section 66-13 of the City of West Palm Beach Code of Ordinances requires City Commission approval of design features for above-ground changes involving streets, parks, buildings, or landscaping, referred to as the “Face of the City”. The design features of the proposed Indoor Training Facility in Phipps Park will be presented to the City Commission.
Approval of Resolution No. 358-18 provides approval of the design for the Phipps Park Baseball indoor training facility. Approval of Resolution No. 10-19 amends the Agreement with Phipps Park Baseball to provide for the construction and maintenance of the indoor training facility.
 
COMMISSION DISTRICT: Phipps Park is located in Commission District 5-- Commissioner Christina Lambert.
 
Fiscal Note:
No fiscal impact.
 
  1. Resolution No. 25-19(F) APPROVED Closing Fund 443 and transferring the fund balance to Parking Systems Operating Fund 442.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF CITY FUNDS IN FISCAL YEAR 2018/2019 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE PARKING FACILITIES RENEWAL & EXTENSION AND THE PARKING SYSTEMS OPERATING FUNDS TO CLOSE FUND 443 BY TRANSFERRING THE FUND BALANCE TO FUND 442 AND APPROPRIATING FUNDS FOR PARKING IMPROVEMENTS AND VEHICLE REPLACEMENTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:  22272
 
Staff Recommended Motion: Approve Resolution No. 25-19(F).
 
Background:
The Parking Facilities Renewal & Extension Fund 443 is no longer needed. The available funds of $1,052,051.00 are being transferred to the Parking Systems Operating Fund 442 to upgrade aged vehicles and to implement new technology for parking safety, security and wayfinding as follows:
 
Lighting & Parking Guidance System $830,051
 
Replace garage lighting with energy saving LED fixtures incorporating a parking guidance system to direct parkers to available stalls. Upgrades will increase visibility, enhance safety and security, and provide a guidance system to available spaces linked to signage providing total and by floor space counts creating a more efficient parking experience.
 
Signage for Garages and Way Finding $125,000.00
 
Improve signage in garages to enhance parking experience. In addition, add critical way finding signage in and around the city directing the public (drivers and pedestrians) to key destinations, transit links and parking facilities throughout the city.
 
Vehicle Replacement $97,000.00
 
Upgrade the aging vehicles for parking enforcement and parking equipment technical support staff (2 Nissan Leafs and one Ford Ranger). The Leafs will be replaced with Chevy Bolts. The upgrade will increase efficiency of overall parking operations and reliability.
 
Fiscal Note:
Approval will transfer the fund balance of $1,052,051 from Fund 443 to Parking Systems Operating Fund 442 for needed improvements and replacement vehicles.

PUBLIC HEARING (18-20):
 
  1. Public Hearing and Second Reading of Ordinance No. 4820-18, APPROVED a request by Angela Biagi of WGI on behalf of Kravis Center for the Performing Arts, Inc. for a text amendment to introduce new regulations regarding signage for cultural facility uses within the Downtown Master Plan Area.
 
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CITY’S ZONING AND LAND DEVELOPMENT REGULATIONS AT CHAPTER 94, ARTICLE IV, DOWNTOWN MASTER PLAN, SECTION 94-110, SIGNAGE REQUIREMENTS, TO INTRODUCE NEW REGULATIONS REGARDING SIGNAGE FOR CULTURAL FACILITY USES; DECLARING THIS TEXT AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:  22263
 
Staff Recommended Motion:
APPROVE Ordinance No. 4820-18 amending the Zoning and Land Development Regulations in Section 94-110, Signage Requirements, to introduce new regulations regarding signage for cultural facility uses. This motion is based on the factual testimony presented, the staff report, the recommendations of the Downtown Action Committee and the Planning Board, and the findings that the amendment is consistent with the Comprehensive Plan and complies with the standards found in Section 94-32 of the City's Zoning and Land Development Regulations.
 
Background:
Recently, the Kravis Center for the Performing Arts (Kravis Center) has been granted Site Plan Approvals for improvements to their facility located on the block bounded by Okeechobee Boulevard on the south, Iris Street on the north, Tamarind Avenue on the west and Sapodilla Avenue on the east. The approval was conducted through two different processes due to the fact that the Kravis Center parcel is split within two different zoning designations. The eastern portion of the site is located within the CityPlace Commercial Planned Development (CPD) and the western portion of the site is located within the Downtown Master Plan (DMP) area. During the approval process, the applicant expressed that a critical component of the proposed improvements to their facility was the provision of new adequate signage, allowing the Kravis Center to effectively identify its location to visitors and announce its programming to the community. To fulfill their intention, the Kravis Center would like to install a new freestanding sign with electronic changeable copy at the corner of Tamarind Avenue and Okeechobee Boulevard. The proposed sign is within the portion of the Kravis Center located within the DMP, therefore any proposed sign shall follow the DMP sign regulations contained in Article IV Section 94-110.
 
However, as the DMP sign section does not include specific regulations for signs associated with cultural facilities, signage for these facilities are regulated by the general code, as authorized by DMP section 94-110(b). As the DMP generally does not permit freestanding or monument signs, signage for these types of uses within the DMP are limited to wall-mounted signs. Considering this, the Kravis Center decided to submit an application for a text amendment to the DMP to allow freestanding changeable copy signs for cultural facilities.
 
PROPOSED AMENDMENT
The applicant is proposing new regulation that allows freestanding signs for cultural facilities. The full text of the applicant’s proposed amendment is included in the attached staff report. The main points of their proposal are as follows:
 
  1. Allow up to two changeable copy freestanding monument signs per parcel, sign may be located on a corner.
  2. Setback: minimum 15 feet setback from Public Street for parallel sign; 20 feet setback from Public Street for non-parallel sign.
  3. Maximum height: 10 feet.
  4. Maximum area: 1.75 sf for each one linear feet of frontage along main frontage, not to exceed 650 sf; and 0.75 sf for each one linear foot of frontage along side streets.
  5. Content: name, logo, and address of only the building and building occupants, and information related to on-site events and performances.  
  6. One electronic changeable copy sign allowed. Message shall be allowed to continuously scroll and change message with electronic changeable copy.
 
The applicant’s proposal utilizes the basic requirements included in the general sign regulation Section 94-407(14) for theaters, indoor motion pictures, and live performances as a base for its proposal, but increases the maximum allowable square footage per sign according to the street frontages. The applicant’s proposed language would allow the Kravis Center a sign size that would exceed 1,200 square feet.
 
STAFF ANALYSIS
Planning Staff performed a thorough analysis into the applicant’s proposal which included comparison of other cultural facility signage within the City, as well as applying the applicant's proposal to these facilities to determine the amount of signage that the proposed regulation would permit. From this analysis, staff determined that the regulation proposed by the applicant would permit signage sizes far exceeding what other cultural facilities in the City currently have been approved for.
 
Although Planning Staff acknowledges the importance of visibility of signage for the Kravis Center, Staff is concerned with the amount of total sign face that the proposed code amendment would permit for the Kravis Center and for other cultural arts facilities within the DMP. Considering that the desire of the DMP area is to create a pedestrian friendly environment where the pedestrian scale is predominant, it is staff’s professional opinion that large signs, as the one proposed by the Kravis Center language, are not desirable for most of the locations within the DMP area. Staff is therefore proposing an alternative set of regulations addressing the need for specific sign regulations for live performance venues and cultural facilities in general but restricting the possible size to mitigate the possible impacts of large signs on the urban environment.
 
The main points of Staff’s proposal are as follows:
 
  1. Allow freestanding signs in limited locations, within the Urban Core district and only along streets with the designation of “Avenue,” which are streets with a ROW width generally larger than 100 feet.
  2. Establish a maximum square footage of 400 square feet per Avenue frontage for freestanding signs instead of using a ratio, to limit confusion with permitting. This size is comparable to the sign sizes that have been permitted for other cultural facilities within the City.
  3. To establish a minimum setback for freestanding signs at 32 feet as measured from the back of the existing curb. The proposed 32 feet is double the minimum setback required for most buildings along Avenues. This will help to limit the number of freestanding signs within the DMP.
  4. Allow wall-mounted changeable copy signs within the Special District and Urban Core district boundaries, at a maximum height of 7 feet and a width of 60% of the tenant storefront width to give smaller facilities an opportunity for signage to advertise their programming.
 
Staff’s professional opinion is that this proposed language would allow for large cultural facilities to utilize freestanding signs to effectively advertise their events while limiting the amount of these large signs with the DMP area. Staff’s full proposed regulation is included in the attached staff report.
 
The proposed amendment was presented to the Downtown Action Committee during its October 10, 2018 meeting and approved 5-0. The proposed amendment was presented to the Planning Board during its October 16, 2018 meeting and approved 7-0.
 
COMMISSION DISTRICT: The area is located in Commission District No. 3-Commissioner Paula Ryan.
 
  1. Public Hearing and Second Reading of Ordinance No. 4767-18 APPROVED a request by Alfred J. Malefatto of Lewis, Longman & Walker, P.A., on behalf of Boos Development Group, Inc., to amend Chapter 6- Alcoholic Beverages, of the City Code to allow the sale of beer, wine and ale for consumption off the premises within the Clematis Waterfront District.
 
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, AT CHAPTER 6 ALCOHOLIC BEVERAGES, SECTION 6-2(a) DOWNTOWN MASTER PLAN TO ALLOW THE SALE OF BEER, WINE AND ALE FOR CONSUMPTION OFF THE PREMISES WITHIN THE CLEMATIS WATERFRONT DISTRICT AND ESTABLISH ADDITIONAL REGULATIONS; DECLARING THIS AMENDMENT CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 22286
 
Staff Recommended Motion:
Approve Ordinance No. 4767-18.
 
Background:
On July 11, 2017 Alfred J. Malefatto of Lewis, Longman & Walker, P.A, on behalf of Boos Development Group, Inc., submitted an application to amend Chapter 6 of the City Code to allow the sale of beer, wine and ale for consumption off premises within the Clematis Waterfront District. The request was associated with the opening of a proposed CVS pharmacy at the southwest corner of Clematis Street and Dixie Highway, and included language limiting the sale of beer, wine and ale to a maximum sale/display area of 1% of the total gross floor area of the establishment.
 
Due to some concerns with the possible impacts of the proposed changes on Clematis Street, at the April 9, 2018 City Commission meeting the item was continued for six months. After six months, the item was discussed at a Mayor-Commission work session on November 13, 2018 and was generally supported by the City Commission.
 
Staff recognizes the natural evolution of the street, and the role law enforcement can play to minimize any negative impacts the sale of beer, wine and ale for consumption off premises may have on Clematis Street. Considering these, staff recommends additional regulations to minimize any possible impacts as follows:
 
  1. Sale of beer, wine and ale will not be permitted between 10:00 p.m. to 7:00 a.m.
  2. Surveillance cameras shall be installed inside and outside the establishment.
 
COMMISSION DISTRICT: Affected properties are located within Commission District No. 3- Commissioner Paula Ryan.
 
  1. Public Hearing and First Reading of Ordinance No. 4813-18 APPROVED amending the Code of Ordinances to reflect department director title changes for the Finance, Human Resources, and Information Technology Departments and to revise the functions of the Support Services Department.
 
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE IV (OFFICES, DEPARTMENTS AND DIVISIONS), DIVISION 4 (FINANCE) SECTION 2-197 TO REVISE THE DEPARTMENT DIRECTOR TITLE, DIVISION 6 (SUPPORT SERVICES DEPARTMENT) REVISING THE FUNCTIONS OF THE SUPPORT SERVICES DEPARTMENT BY AMENDING SECTION 2-242, DIVISION 7 (HUMAN RESOURCES DEPARTMENT) SECTION 2-267 TO REVISE THE DEPARTMENT DIRECTOR TITLE, AND DIVISION 17 (INFORMATION TECHNOLOGY DEPARTMENT) SECTION 2-428 TO REVISE THE DEPARTMENT DIRECTOR TITLE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND CONFLICT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:    22279
 
Staff Recommended Motion:
Approve Ordinance No. 4813-18 on First Reading and schedule a Public Hearing and Second Reading for February 11, 2019.
 
Background:
As part of the City's current salary plan the Commission has previously approved updating job titles for the positions of Finance Director to Chief Financial Officer, Human Resources Director to Chief Human Resources Officer and Information Technology Director to Chief Technology Officer. This revised ordinance also reflects that the Support Services Department reports to the Director of Support Services instead of City Administration and revises the functions of the Support Services Department. This proposed change will ensure that job titles and organizational reporting structures are consistent among the City's ordinances, salary plan and organization.
 
Fiscal Note:
No fiscal impact.
 
PUBLIC HEARING – QUASI JUDICIAL (21-24):
DISCLOSURE OF EX PARTE COMMUNICATIONS, IF ANY* SWEARING IN OF WITNESSES
 
  1. Public Hearing and Second Reading of Ordinance No. 4821-19: CONTINUED A Major Planned Development amendment to terminate the Children’s Place at Homesafe Community Service Planned Development (CSPD).
 
Public Hearing and Second Reading of Ordinance No. 4822-19: CONTINUED A Major Planned Development Amendment to expand the boundary of the MorseLife
CSPD by incorporating the area that was previously the Children’s Place at
Homesafe                                                                                                                                                           CSPD.
 
Public Hearing of Resolution No. 1-19: CONTINUED A Major Planned Development Amendment to update the MorseLife CSPD site development plans and development regulations to reflect the expanded CSPD and to convert the temporary sales trailer into a permanent office building.
 
STAFF RECOMMENDED ITEM BE CONTINUED TO THE FEBRUARY 25, 2019 COMMISSION MEETING.
 
  1. Public Hearing and Second Reading of Ordinance No. 4823-19: APPROVED Regarding a request by Todd Wodraska, of Special District Services, Inc., on behalf of Banyan Cay Dev, LLC, for the establishment of the Banyan Cay Community Development District.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, RELATING TO THE ESTABLISHMENT OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; ESTABLISHING AND NAMING THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE BOUNDARIES OF THE DISTRICT; NAMING THE FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING CONSENT FOR THE EXERCISE OF CERTAIN POWERS; PROVIDING DISCLOSURE REQUIREMENTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:    22283
 
Staff Recommended Motion:
Approve Ordinance No. 4823-19. This motion is based upon the factual testimony presented, the application submitted, the staff report, and consideration of the factors set forth in Section 190.005, Florida Statutes.
 
Background:
Located north of Presidential Way and east of Congress Avenue, the Banyan Cay Residential/Commercial Planned Development was originally approved on July 8, 2013, with the adoption of Ordinance Nos. 4446-16 and 4447-13, and Resolution No. 6-13. Providing for the redevelopment of the north golf course of The President Country Club, the proposed master-planned development was to consist of single family residential homes, a multifamily high-rise, villas, and a resort hotel with spa, meeting space, restaurant, golf clubhouse, etc. The most recent revised Development Order for the project was approved on November 20, 2017.
 
With the redevelopment of the site under construction, the City of West Palm Beach Development Services Department - Planning Division received a request, dated December 3, 2018, in accordance with the provisions of Chapter 190, Florida Statutes, for the formation of the Banyan Cay Community Development District (CDD) (ATTACHMENT 1). The Banyan Cay Community Development District will be responsible for the financing, development, construction and maintenance of:
  1. storm water management systems, potable water distribution, fire hydrants, wastewater collection and transmission facilities; and
  2. certain access roads; internal roads, and roadway improvements, including streetscape, and irrigation; and
  3. a perimeter berm and wall.
 
The petitioner is proposing to establish the Banyan Cay CDD on approximately 94.24 acres of the redevelopment site and believes that the property is amenable to operating as an independent special district for the following reasons:
 
  1. Establishment of the District and all land uses, and services planned within the proposed District are not inconsistent with applicable elements or portions of the effective City of West Palm Beach Comprehensive Development Master Plan, as amended.
  2. The area of land within the proposed District is part of a planned development and is of sufficient size and is sufficiently compact and contiguous to be developed as one functional interrelated community.  
  3. The community development facilities the District proposes to finance will be compatible with the capacity and use of existing local and regional community development services and facilities.  
  4. The proposed District will be the best alternative available for delivering community development services to the area to be served because (i) the District provides
  5. governmental entity for delivering those services and facilities in a manner that does not financially impact persons residing outside the District, (ii) Chapter 190, F.S., authorizes a community development district to acquire infrastructure improvements previously constructed by the Petitioner or allows for a community development district to, in the first instance, construct such infrastructure improvements, (iii) the timing for the creation of the proposed District and the issuance of special assessment bonds is compatible with the timing for the construction and acquisition of such infrastructure improvements, which will result in direct benefit to the landowners and their assigns within the District, (iv) establishment of a community development district in conjunction with a comprehensive planned community, as proposed, allows for a more efficient use of resources as well as providing the opportunity for new growth to pay for itself, and (v) establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities.  
  6. The area that will be served by the District is amenable to a separate special district government.
 
In making the determination to grant or deny the petition to establish the community development district, the City Commission shall consider the record of the public hearing and the following factors found in 190.005(1)(e) F.S.:
  1. Whether the statements in the petition have been found to be true and correct;
  2. Whether the establishment of the district is inconsistent with any applicable element or portion of the City's Comprehensive Plan;
  3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community;
  4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district;
  5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities; and district government.
 
CONCLUSION: It is Staff’s professional opinion that the proposed petition meets the criteria and requirements of Chapter 190, Florida Statutes.
 
PUBLIC NOTICE: Ordinance No. 4823-19 was advertised in the Palm Beach Post on December 17, 24, 31, 2018 and January 7, 2019, in accordance with Sec. 190.005(1)(d), Florida Statutes, as well as on January 18, 2019.
 
COMMISSION DISTRICT: The proposed Banyan Cay CDD is located within Commission District No. 1 - Commissioner Kelly Shoaf.
 
  1. Public Hearing of Resolution No. 16-19: APPROVED AS AMENDED Regarding a request by Joni Brinkman, of Urban Design Kilday Studios, on behalf of Palm Beach Atlantic University, Inc., for a Major Amendment to the Palm Beach Atlantic University Community Service Planned Development to amend the Master Plan and provide for the construction of a student dormitory, consisting of 154 rooms (510 beds), at the northeast corner of South Dixie Highway and Pembroke Place.
 
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A MAJOR AMENDMENT TO THE PALM BEACH ATLANTIC UNIVERSITY COMMUNITY SERVICE PLANNED DEVELOPMENT GENERALLY LOCATED BETWEEN SOUTH DIXIE HIGHWAY AND SOUTH FLAGLER DRIVE, SOUTH OF OKEECHOBEE BOULEVARD, TO AMEND THE MASTER PLAN AND PROVIDE FOR THE CONSTRUCTION OF A STUDENT DORMITORY, CONSISTING OF 154 ROOMS (510 BEDS), AT THE NORTHEAST CORNER OF SOUTH DIXIE HIGHWAY AND PEMBROKE PLACE; DECLARING THIS AMENDMENT CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:  22280
 
Staff Recommended Motion:
APPROVE Resolution No. 16-19, approving a Major Amendment to the Palm Beach Atlantic University Community Service Planned Development to amend the Master Plan and provide for the construction of a student dormitory at the northeast corner of South Dixie Highway and Pembroke Place. This motion is based upon the application submitted, the staff report, factual testimony, the recommendation of the Planning Board and the findings that the request complies with the Comprehensive Plan and the standards in Section 94-32 of the City's Zoning and Land Development Regulations.
 
Background:
(The information provided below is a general summary. A full analysis is included in the Staff Report attached hereto as ATTACHMENT 1).

Located south of Okeechobee Boulevard, between South Dixie Highway and South Flagler Drive, Palm Beach Atlantic University (formerly Palm Beach Atlantic College) was founded in 1968 and with the most recent Master Plan approved in September 2018 (Resolution No. 228-18) provides for a campus of over 22 acres and over 2,200 traditional day students with additional evening adult students, master’s students, online programs, etc.
 
To increase the amount of on-campus housing options, PBAU is proposing to construct a new eight (8) story dormitory on the northeast corner of Pembroke Place and South Dixie Highway. The affected area, consisting of ±0.89 acres, is currently designated as a surface parking lot on the most recent approved Master Plan, and the Applicant is requesting a Major Amendment to the Master Plan to change the designation for the affected area, as well approval of the proposed site plan, landscape plan, and architectural design. The scope of the project involves removing the existing parking and the construction of a new dormitory consisting of 154 rooms with a total capacity of 510 beds.
 
It is important to emphasize that the construction of the new dormitory will NOT modify the maximum enrollment capacity; the dorm rooms will provide additional on-campus housing opportunities for the University’s existing enrollment numbers. There will be NO increase in student capacity. If at any time PBAU desires to increase their maximum enrollment, a further Major Amendment to the CSPD would be required.
 
CONCLUSION: Staff has determined that the proposed dormitory, and the associated site improvements, comply with all of the provisions of the PBAU CSPD Master Plan and the City’s Zoning and Land Development Regulations. Additionally, it is Staff’s professional opinion that the proposed Major Amendment complies with the standards required by the City’s Zoning and Land Development Regulations and therefore is recommending approval of the Applicant’s request, subject to the conditions contained in Resolution No. 16-19.
PLANNING BOARD: After a Public Hearing on November 28, 2018, the Planning Board recommended approval (4-0) of the request.
 
PUBLIC NOTICE: Individual notices were mailed to all property owners within 500 feet of the property, and signs were posted on the subject property. Resolution No. 16-19 was advertised in the Palm Beach Post on January 18, 2019.
 
COMMISSION DISTRICT: The site is located within Commission District No. 3 - Commissioner Paula Ryan.
 
Fiscal Note:
No fiscal impact.
 
  1. Public Hearing and First Reading of Ordinance No. 4824-19: APPROVED A rezoning from a Professional Office Residential (POR) zoning designation to a Multifamily High Density
Public Hearing and First Reading of Ordinance No. 4825-19: APPROVED A rezoning from a Multifamily High Density (MF32) Residential zoning designation to a Residential Planned Development (RPD) zoning designation, including an RPD acreage waiver, to create the 1309 South Flagler Drive RPD.
 
Discussion of Resolution No. 13-19: DISCUSSED The establishment of the development regulations, including waivers, for the 1309 South Flagler Drive RPD, a 24-story, 42-unit residential tower.
 
A request by Joe Verdone of Carlton Fields, on behalf of Flagler Residential, LLC for property generally located at 1309 South Flagler Drive.
 
Ordinance No. 4824-19: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE ZONING MAP OF THE CITY OF WEST PALM BEACH BY REZONING APPROXIMATELY 1.346 ACRES LOCATED GENERALLY AT 1309 SOUTH FLAGLER DRIVE FROM A PROFESSIONAL OFFICE RESIDENTIAL ZONING DESIGNATION TO A MULTIFAMILY HIGH DENSITY RESIDENTIAL ZONING DESIGNATION; DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; REVISING THE ZONING MAP OF THE CITY ACCORDINGLY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
 
Ordinance No. 4825-19: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE ZONING MAP OF THE CITY OF WEST PALM BEACH BY REZONING APPROXIMATELY 1.346 ACRES LOCATED GENERALLY AT 1309 SOUTH FLAGLER DRIVE FROM A MULTIFAMILY HIGH DENSITY RESIDENTIAL ZONING DESIGNATION TO A RESIDENTIAL PLANNED DEVELOPMENT ZONING DESIGNATION, WITH AN ACREAGE WAIVER, TO CREATE THE 1309 SOUTH FLAGLER DRIVE RESIDENTIAL PLANNED DEVELOPMENT; PROVIDING FOR THE ESTABLISHMENT OF DEVELOPMENT REGULATIONS BY SEPARATE RESOLUTION; DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; REVISING THE ZONING MAP OF THE CITY ACCORDINGLY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
 
Resolution No. 13-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, ESTABLISHING THE DEVELOPMENT REGULATIONS, INCLUDING THE SITE AND LANDSCAPE PLANS AND BUILDING ELEVATIONS, FOR THE 1309 SOUTH FLAGLER DRIVE PLANNED DEVELOPMENT LOCATED AT 1309 SOUTH FLAGLER DRIVE; GRANTING WAIVERS TO THE ZONING AND LAND DEVELOPMENT REGULATIONS; DECLARING THIS AMENDMENT CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Agenda Cover Memorandum No.:    22281
 
Staff Recommended Motion:
APPROVE Ordinance No. 4824-19, a rezoning from a Professional Office Residential (POR) zoning designation to a Multifamily High Density (MF32) Residential zoning designation. This motion is based upon the factual testimony presented, the application submitted, the staff report, the Planning Board recommendation, and the findings that the amendment is consistent with the Comprehensive Plan and complies with the standards found in Section 94-32 of the City’s Zoning and Land Development Regulations.
 
APPROVE Ordinance No. 4825-19, a rezoning from a Multifamily High Density (MF32) Residential zoning designation to a Residential Planned Development (RPD) zoning designation, including a RPD acreage waiver, to create the 1309 South Flagler Drive RPD. This motion is based upon the factual testimony presented, the application submitted, the staff report, the Planning Board recommendation, and the findings that the amendment is consistent with the Comprehensive Plan and complies with the standards found in Section 94-32 of the City’s Zoning and Land Development Regulations. The City Commission further finds that particular circumstances justify the reduction of the planned development acreage to less than 10 acres and that the requirements for the planned development district zoning and the benefits to be derived from the planned development district zoning can be derived in such lesser area.
 
DISCUSS Resolution No. 13-19.
 
Background:
STANDARDS: The Planning Division has determined that the rezoning from a POR zoning designation to a MF32 zoning designation meets all eight (8) of the required amendment standards found in Section 94-32 of the City of West Palm Beach Zoning and Land Development Regulations.
The Planning Division has determined that the rezoning from a MF32 zoning designation to a Residential Planned Development (RPD) zoning designation, including an RPD acreage waiver, to create the 1309 South Flagler Drive RPD meets all eight (8) of the required amendment standards found in Section 94-32 of the City of West Palm Beach Zoning and Land Development Regulations.
 
Compliance with all of the above-referenced standards for both requests is detailed in Attachment 1 - Planning Board Staff Report.
 
PLANNING BOARD: The Planning Board recommended approval (5-0), with conditions, of the Major Planned Development Amendment requests to the City Commission after a Public Hearing on November 28, 2018.
 
ANALYSIS: The applicant owns the parcels at 1309 and 1311 South Flagler Drive and has the parcel at 134 Acacia Road under contract. All three parcels currently have a Multifamily (MF) Future Land Use designation and are zoned Professional Office Residential (POR). The applicant is requesting to rezone all three of the parcels to a Multifamily High Density (MF32) Residential designation, with a further rezoning to establish the 1309 South Flagler Drive Residential Planned Development (RPD). The MF32 and RPD zoning designations are permitted within the MF Future Land Use category.
 
The parcel at 1309 South Flagler Drive contains a one-story office building. The parcel at 1311 South Flagler Drive is vacant and includes submerged lands. The parcel at 134 Acacia Road contains a parking lot, which staff has not found evidence is required parking for any building. The total acreage of the three parcels is 1.346 acres. Since the site contains less than 10 acres, the application requires an acreage waiver. The Planning Board recommended approval of the acreage waiver.
 
Waiver #1 - Section 94-207(c)(2) Required RPD acreage - 10 acres required, 1.346 acres requested.
 
The existing site contains 1.281 upland acres and 0.065 acres of submerged lands. The applicant is requesting to construct a residential tower on the site. The site is located east of Interstate 95 where it is difficult to accumulate 10 acres of land to develop as one project. The City has granted this waiver for the majority of the requests to rezone a property to a planned development east of Interstate 95. Staff does not object to this waiver request.
 
PROPOSED BUILDING:
 
The applicant is proposing to redevelop all three parcels for a 24-story residential tower containing 42 luxury condominiums. The lower three stories of the building are lobby and amenities, with 21-stories residential stories with two units per floor. There are two levels of parking, one of which is fully below grade and one which is partially below grade.
 
Due to the lot being wider on Currie Crescent (west frontage) than on Flagler Drive (east frontage) the tower is positioned on the western portion of the site. Residential towers established as RPDs are required to follow the development standards of the MF32 zoning district. Since the site has frontage on both South Flagler Drive and Currie Crescent, a 25-foot front setback is required from both rights-of-way. The setback from South Flagler Drive exceeds this minimum; however, the tower does not meet the minimum 25-foot setback from Currie Crescent, so the applicant is requesting a front setback waiver. The proposed tower is 300 feet in height to the roof deck, with an additional 30 feet of mechanical equipment rooms above the roof deck. Since the building height exceeds 40 feet, one foot of setback is required for each two feet in height from the north and south sides of the property. For the proposed 300-foot-tall building, a 150-foot setback is required. Since the property is 186 feet wide at its widest point, the applicant has requested side setback waivers. The setback waivers are organized by floor and the specific side setback so that the building has a consistent building envelope if there is any redesign in the future. The setback waivers are taken to the closest point, but since the building is being designed in a curvilinear fashion, a redesign of the building may not exceed the building envelope shown on the site plans and elevations without the approval of a revised site plan through the major planned development process.

Waiver #2 - Section 94-77(a)(2)a Front setback (Currie Crescent) – 25 feet required, see Setback Waiver in Resolution No. 13-19 Table for requests.
 
As previously stated, the parcel is a double frontage lot. The eastern half of the parcel is narrower than the western half of the parcel. The applicant has proposed a site plan that utilizes the wider part of the lot for the placement of the building, which results in portions of the building not being the required 25 feet from Currie Crescent. Currie Crescent has historically been treated as the back of house for the properties both fronting South Flagler Drive and South Olive Avenue. While the design of the building continues to use Currie Crescent for the back of house uses, the applicant has incorporated right-of-way plantings, landscaped screen walls, architectural features and direct resident pedestrian access to mitigate the reduced setback request. Staff does not object to this waiver request.
 
Waiver #3 - Section 94-77(a)(3) Height/setback (sides) – 150 feet required, see Setback Waiver Table in Resolution No. 13-19 for requests.
 
As previously stated, the applicant is proposing to construct a new building that is 300 feet tall, which requires each side to have a setback of 150 feet. The applicant recognizes that the setback waiver request for the proposed building is large in relation to the required setbacks, so the applicant is incorporating a number of features into the project that provide a benefit to area residents, such as the reconstruction of Acacia Road, constructing a public open space along South Flagler Drive, contributing funds for the installation of a decorative crosswalk with warning flasher across South Flagler Drive, and participating in the transit contribution program. The applicant is also incorporating sustainability features such as a LEED building and pre-wiring the parking area for electric vehicle charging stations. The applicant states in the Justification Statement that the curvilinear design of the building reduces the visual impact on the surrounding properties, even with the reduced setbacks. The immediate properties to the side of the proposed building are a parking lot, an office building, a dentist office with separate rental apartments and Palm Beach Atlantic University dormitories. The landscape plans include heavy plantings to screen the building from these properties. Staff does not object to this waiver request.
 
The building has 42 units, which meets the density allowance of 32 units per acre (both upland and submerged lands used). The building includes two guest suites that do not include kitchens and may not be as additional units. The two parking levels are accessible via the valet service or through self-parking. The building requires 89 parking spaces per the ZLDR requirements; however, 133 parking spaces are being provided. The additional parking spaces include 25 dedicated valet parking spaces, parking for two town cars and five parking spaces for permanent building staff. A secure bicycle parking room is being supplied for the residents and bicycle parking for employees is also provided.
 
Exterior Site Features
 
As previously mentioned, the perimeter of the site is heavily landscaped with a combination trees and palms. The entrance to the site is from South Flagler Drive via a separated driveway. The entry and exit lanes are separated by a landscaped water feature. In order to keep the entryway from being a barrier to pedestrians utilizing the sidewalk on the west side of South Flagler Drive, staff required that the ingress and egress drives be separated by a protected pedestrian refuge area. The sidewalks in front of the project are also being widened to eight feet in width as part of the City’s goal of improving the walkability of South Flagler Drive. The applicant will need to provide for an easement as the additional sidewalk with is on the project site.
 
As part of the public improvements to offset the waiver requests, the applicant is installing a public open space with a fountain and seating area along South Flagler Drive. This area will be open to the public and maintained by the project’s Homeowner’s Association. Additional site features that the applicant is providing for its residents are a dog walk area, a landscaped "art walk" sculpture walk leading to South Flagler Drive and walkways leading to the rebuilt Acacia Road and Currie Crescent. Street trees are being installed on Currie Crescent.
 
As previously mentioned, Currie Crescent is the location of the back of house elements for the building, such as the garbage collection area, the loading area, and the mechanical equipment. The City’s Sanitation Division has established a procedure for garbage staging and pick-up that is included in the development regulations. The applicant is screening the mechanical areas with six-foot-high fences that have hedges in front of them. Since Currie Crescent is a front property line, the ZLDR only permit the fences to be four feet in height. The applicant is requesting to install six-foot-high fences.
 
Waiver #4 - Section 94-302(b)(1) Fence Height (front yard) – maximum 4-foot-tall permitted, maximum 6 foot tall requested.
 
The applicant wishes to provide screening and security for the back of house area of the building. This includes the mechanical equipment areas as well as the loading and garbage holding area. The applicant is proposing to screen the fences with hedges that will exceed six feet. The gate will be a solid material. Staff does not object to this request.
 
The Currie Crescent frontage includes two vehicular access points. One is for the loading area for tenant move in, large deliveries, etc. Due to space constraints on the site, the applicant is requesting a waiver from the requirement that all vehicle maneuvering be performed on-site. The second vehicular access point is for secondary egress from the main entry drive as well as to provide access to the transformer vault. The ZLDR only permit one access point on Currie Crescent and even if multiple access points were permitted, they are required to be a minimum of 125 feet apart. The applicant is requesting waivers from both of these requirements.
 
Waiver #5 - Section 94-485(j)(1) Loading Space Ingress/Egress – Backing onto street not permitted, requesting to use Currie Crescent for maneuvering.
 
City staff reviewed this request based on the usage of Currie Crescent. As previously stated, it is used similar to an alley for back of house purposes such as garbage and recycling collection and includes some on-street parking spaces. Due to its configuration and the surrounding uses, this portion of Currie Crescent does not have a heavy traffic volume and would not be negatively impacted by the use of the roadway for maneuvering into and out of the loading area. The City Traffic Engineer is requiring a deliver management plan to ensure that there are no negative issues with using Currie Crescent for maneuvering. Staff does not object to this request.
 
Waiver #6 - Section 94-312(1) a. Number of Access Points – One permitted, two requested.
 
The applicant was unable to incorporate the uses of access by both access points into one unified access points due to the constraints of the site, so they are requesting two access points. The current properties have two access points to Currie Crescent, so the request does not increase the existing conditions. While staff would prefer to see only one access point to minimize vehicle and pedestrian conflicts, it is not anticipated that the access points will see heavy usage, so conflicts should be minimal. This development will complete the missing sidewalk network, including shade trees and removing the above ground utility lines adjacent to the project. Staff does not object to this request.
 
Waiver #7 - Section 94-312(2) a. Separation of Access Points – Minimum 125 feet required, 69 feet requested.
 
The current two access points are only 29 feet apart at the sidewalk. The proposed driveways are 60 feet apart. While this does not meet the minimum requirement, it lessens the existing non-conformity. Staff does not object to this request.
 
The grade of the development site at Currie Crescent is approximately six feet higher than the grade of the site at South Flagler Drive. In order to create a level development base for the building, the upper parking level is partially below grade (Currie Crescent side) and partially above grade (South Flagler Drive side). The entry drive from South Flagler Drive slopes up to the ground floor lobby over the eastern extent of the upper parking level, which requires a series of retaining walls. The retaining walls primarily face the side property lines at varying distances from the property lines. The retaining walls along the north and east property lines (excluding along Acacia Road) have a two-foot-tall retaining wall at the property line, with a taller retaining wall set back behind the landscape buffer. The retaining walls along the Acacia Road portion of the north property line are set back off of the property line and screened with landscape. The eastern portion of the south property line has a retaining wall at the property line which is approximately five feet in height at its furthest east point. The wall height at the property line lowers as the adjoining property slopes up toward the western property line. The landscape is installed on the filled area on the interior side of the retaining wall. Additional walls are placed behind the landscape.
 
Waiver #8 - Section 94-302(b)(1) Fence Height (side yard) – maximum 6-foot-tall permitted, varies (maximum 14 foot tall) requested.
 
The system of retaining walls exceed six feet in height within the setbacks so a wall height waiver is required. The highest walls are located around the interior corner adjacent to the
residential apartments. There is landscape screening being installed to buffer the wall height. Staff is recommending that no wall be permitted to be taller than six feet within three feet of the property line since that would not provide sufficient depth to provide a landscape buffer to screen the wall from the adjoining property. Based on the heavy landscape being used to screen the retaining walls, staff does not object to this request.
 
Acacia Road
 
The applicant is proposing to rebuild a portion of Acacia Road, between Currie Cresent and Flagler Drive, to provide public benefit mitigation as part of their request for the height/setback waiver. This portion of Acacia Road is a 15-foot-wide right-of- way that which is designated for pedestrian use. Over time, the pedestrian connection fell into disrepair and no longer serves its intended purpose. The applicant will be rebuilding the underground utility infrastructure, to include burying the existing overhead utility lines, installing a pervious paver walkway, and add landscape. The lighted, paver pathway will vary between seven and ten feet in width. Due to the underground utilities, the applicant will be installing triple trunk Roebelinii palms in above ground planters along the pathway to provide canopy within the walkway. The planters will be interspersed with planting beds containing ground cover and shrubs. Additional shading will be provided by some existing palm trees which will remain in the right-of-way and the Gumbo Limbo trees being planted in the 1309 South Flagler Drive buffer. Artwork, as required by the AiPP ordinance may be installed along this walkway.
 
The buried electrical lines require the installation of above ground transformer boxes and switch boxes. The switch boxes are being installed on the 1309 South Flagler Drive property. The transformers, which serve the adjoining properties, are being installed within Acacia Road. At such time as the properties serviced by the transformers are redeveloped, staff will be requiring these items to be moved out of Acacia Road and onto private property.
 
The 1309 South Flagler Drive Homeowners Association will be responsible for maintaining the landscape within Acacia Road, to include the irrigation, and moving the planters if the City needs to work in the right -of- way. The Homeowner’s Association will also be required to maintain the pavers and the pedestrian lighting and to pay to for the electricity for the lights.
 
NOTICE: Individual notices were mailed to all property owners within 500 feet of the site. Signs for the Major Amendment were posted on the property on November 12, 2018.
 
COMMISSION DISTRICT: The subject property is located within Commission District No. 3 – Commissioner Paula Ryan.
 
COMMENTS BY THE CITY COMMISSIONERS:
 
COMMENTS BY THE MAYOR:

ADJOURNMENT:
 
*Pursuant to Resolution No. 179-95, adopted according to the provisions of Section 286.0115, Florida Statutes, members of the Commission shall disclose on the record: 1) ex-parte communications - verbal or written and written communications shall be placed in the record; and 2) site visits, investigations, etc.
 
NOTICE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION OF THE CITY COMMISSION AT THIS MEETING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THAT PURPOSE 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. THE CITY OF WEST PALM BEACH DOES NOT PREPARE OR PROVIDE SUCH A RECORD.
 
City of West Palm Beach
City Commission