DRAFT - ordinancewatch.com · COLLECTIVE COZO FOR THE PURCHASE OF “DEEP THOUGHT”, A LARGE-SCALE SCULPTURE TO BE INSTALLED AT SULLIVAN PARK AND FOR THE DIRECT COSTS ASSOCIATED

City of West Palm Beach City Commission

DRAFT AGENDA

December 18, 2017

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:

CITY OF WEST PALM BEACH December 18, 2017

DRAFT CITY COMMISSION AGENDA Page 2

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.

PRESENTATION AND AWARDS OF MERIT (1): 1. Recognizing the City of West Palm Beach for 50-years membership with the National

League of Cities and for its dedicated service in shaping and advocating the National Municipal Policy and helping communities of all sizes. Agenda Cover Memorandum No.: 21708

ADDITIONS / DELETIONS / REORGANIZATION OF AGENDA: RECEIVED / FILED: CONSENT CALENDAR (2 – 14): 2. Minutes of the Regular City Commission Meeting of November 20, 2017.

Agenda Cover Memorandum No.: 21709

Staff Recommended Motion: Approve the Minutes of the Regular City Commission Meeting held on November 20, 2017.

3. Minutes of the Regular City Commission Meeting of December 4, 2017. Agenda Cover Memorandum No.: 21919

Staff Recommended Motion: Approve the Minutes of the Regular City Commission Meeting held on December 4, 2017.

4. Resolution No. 376-17 approving artwork to satisfy the Art in Public Places Art Assessment for the Canopy by Hilton West Palm Beach development project at 718 South Dixie Highway/Canopy by Hilton West Palm Beach.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, MAKING FINDINGS AND APPROVING THE INSTALLATION OF PUBLIC ART AT CANOPY BY HILTON WEST PALM



BEACH, LOCATED AT 718 SOUTH DIXIE HIGHWAY, IN COMPLIANCE WITH THE ART IN PUBLIC PLACES ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND OTHER PURPOSES. Agenda Cover Memorandum No.: 21711 Staff Recommended Motion: Approve Resolution No. 376-17. Background: The new Canopy by Hilton West Palm Beach will be developed at 718 South Dixie Hwy and Trinity Place. The Canopy Hilton has commissioned Miami-based glass artist Terje Lundaas to create two large scale artworks. The first to be installed in the glass enclosed multi-story restaurant of the hotel ground floor is inspired by South Florida's Banyan tree. Aerial root sculptures will emerge from the ceiling at 70 feet creating a dramatic entry point. The multiple sculptural elements will be shaped to imitate the Banyan tree's aerial roots system. Fiber optic lighting will be twisted into the metal tubing and hand blown glass crystals will be intermittently attached at varying heights creating texture to the sculptures. The second proposed artwork sits outside of the building near the entrance to the restaurant. An 18' 10" "Banyan root" will appear to be coming from the sidewalk into the building's facade reflecting a larger than life version of a Banyan tree branch. The outdoor sculpture will also include fiber optic lighting, but not glass crystals due to the outside elements. The developers will be installing low iron clear glass, which provides clear visibility compared to graphite tinted glass. On the North Facade (Trinity Place Street View) the glass will be 27'-3" (w) x 17' -8" (h), composed of 10 glass panels (two horizontal rows of five glass panels each. The west facade (South Dixie Hwy) view will have glass that measures 44' -11" (w) x 17' 8" (h) with two horizontal rows of 11 glass panels each. Attached are illustrations of glass visibility. Total construction cost is valued at $33,000,000.00; the proposed art installation is valued at $332,825.00, exceeding the 1% requirement. Copies of the artist's curriculum vitae (CV), rendering of artwork, and site plan are attached. CODE REQUIREMENTS: Section 78-129 of the Code of Ordinances requires an art assessment of 1% of construction costs to new private development to fund the City's Art in Public Places (AiPP) program or provide artwork(s) for the public City-wide. The art assessment is applied to municipal, commercial, and multi-family residential projects with total construction costs equal to or greater than $750,000.00. Section 78-129 of the Code of Ordinances also provides that in lieu of paying the art assessment, a developer may install artwork(s) in the public realm, or retain, or install an element of historic or cultural significance appraised at or greater than the 1% value.



AiPP COMMITTEE: The Code provides that Art in Public Places (AiPP) advisory committee shall review the proposed artwork(s), historical, or cultural elements based on the standards established in Sec. 78-125 of the Code and shall recommend to City Commission whether to approve, deny or approve with conditions, the selection and location of the artworks or elements in accordance with the AiPP implementation guidelines, and with sensitivity to the aesthetic, cultural traditions, and history of the City, along with the character of the neighborhood. At their regular scheduled meeting held November 1, 2017 the AiPP Committee members found the proposed artworks met one or more of the applicable criteria established in Sec. 78-125 of the Code of Ordinances, and voted to recommend approval of the proposed artworks, to be installed at 718 South Dixie Hwy., for Canopy by Hilton West Palm Beach. Resolution No. 376-17 approves the proposed artwork at Hilton Canopy Hotel West Palm Beach, in compliance with the Art in Public Places ordinance, Sec. 78-121 et seq. COMMISSION DISTRICT: Canopy by Hilton West Palm Beach is located in Commission District 3 - Commissioner Paula Ryan. Fiscal Note: No fiscal impact.

5. Resolution No. 384-17 approving an Art Purchase Agreement in the amount of $50,000 for the purchase of "Deep Thought" a large sculpture by the artists collective COZO to be installed at Sullivan Park; and $15,000 for powder coating, installation, electrical upgrade and community activation workshop led by the artists and Resolution No. 397-17(F) appropriating the funding.

RESOLUTION NO. 384-17: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE INSTALLATION OF PUBLIC ARTWORK IN COMPLIANCE WITH THE ART IN PUBLIC PLACES AND FACE OF THE CITY ORDINANCES; AND AUTHORIZING AN ART PURCHASE AGREEMENT WITH ARTIST COLLECTIVE COZO FOR THE PURCHASE OF “DEEP THOUGHT”, A LARGE-SCALE SCULPTURE TO BE INSTALLED AT SULLIVAN PARK AND FOR THE DIRECT COSTS ASSOCIATED WITH THE INSTALLATION INCLUDING A COMMUNITY WORKSHOP LED BY THE ARTISTS ; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 397-17(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 2017/2018 IN ACCORDANCE WITH SECTION 4.03 OF THE CITY CHARTER OF THE CITY OF WEST PALM BEACH, FLORIDA, FOR THE PURPOSE OF AMENDING THE ART IN PUBLIC PLACES CAPITAL PROJECT FUND BUDGET TO PROVIDE APPROPRIATIONS FOR THE PURCHASE OF "DEEP THOUGHT", A LARGE SCALE SCULPTURE, AND OTHER DIRECT



INSTALLATION COSTS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21712 Staff Recommended Motion: Approve Resolution No. 384-17 and Resolution No. 397-17(F). Background: On November 1, 2017 the Art in Public Places Committee voted unanimously to recommend to City Commission the purchase of Deep Thought a large-scale illuminated sculpture by COZO an artists collective comprised of Serge Beaulieu and Yelena Filipchuk. The Historic Northwood Hills neighborhood association is in favor and enthusiastic about the implementation of a large scale public art to be installed at Sullivan Park, 955 30th Court. The artist define Deep Thought as a 15 foot tall triambic icosahedron, which is a 60 sided regular geometric form. Its monumental presence and shape are contrasted with a delicate lace-like laser cut patterning on its triangular patterns. Illuminated from the inside, it glows with an aura of colors that can be controlled by remote while casting crisp shadows onto its surroundings. The lighting projects the artwork’s patterns onto the ground expanding its reach and effect. The artwork would be installed on the entry way of the park located at the intersection of Windsor and 30th Court. A dysfunctional water fountain would be removed. The artist would pour a new foundation for the base of the sculpture to be secured by concrete anchors. Lighting would be upgraded and set for a permanent public installation. Technical Information: 15 ft tall, 14ft wide Materials: Steel, paint, LED lighting Weight: 2,300 lbs Door w/ lock to access interior The $65,000 would cover the following costs: Purchase artwork, installation, powder coating, truck for moving to new location, electrical upgrades at new site, concrete anchors/foundation, signage (plaque) and a community workshop led by the artists. Maintenance plan: - Monthly check-in to see if any graffiti need to be painted over, or garbage removed. - Monthly check-in to ensure lights are working - Every 2 months - power washing AiPP has a maintenance and repair budget allocated for the city's public art collection. Public Participation and Community Activation: Outdoor sculpture can provide countless opportunities for arts education and unique experiences for residents. The artist have



conducted several types of community based projects around their sculptures that have incorporate geometry, light, shadow, meditation, and music. Potential ideas: Origami and geometric paper folding, build your own little light sculpture, guided meditation & yoga, lighting up the sculptures for holidays and special events (lights are controllable by remote), etc. Resolution No. 384-17 approves the purchase of the sculpture, provides "Face of the City" approval, approves installation on City property 955 30th Court/Sullivan Park, and authorizes the Mayor to execute the Art Purchase Agreement. Fiscal Note: Upon approval of this commission item, the remaining balance in the Reserve for Future Projects account will be approximately $553,150.

6. Resolution No. 408-17 approving the "Face of the City" design features for the removal and replacement of Australian Pines along Village Boulevard and Brandywine Road; and Resolution No. 409-17(F) appropriating funds for such purposes.

RESOLUTION NO. 408-17: 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 ABOVE GROUND IMPROVEMENTS TO VILLAGE BOULEVARD LANDSCAPING; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 409-17(F): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OR TRANSFER OF FUNDS IN FISCAL YEAR 2017/2018 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 THE CAPITAL ACQUISITION FUND BUDGETS TO PROVIDE APPROPRIATIONS FOR REPLACEMENT OF AUSTRALIAN PINES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21728 Staff Recommended Motion: Approve Resolution No. 408-17 and Resolution No. 409-17(F). Background: The Australian Pines along Village Boulevard and Brandywine Road have exhausted their useful lives and are non-native and invasive plants requiring extensive maintenance which does not make much economic sense. After much deliberation and neighborhood input, consensus has been reached on a new landscape plan. The Australian Pines will be removed and the pine hedge row will be



replaced with lower maintenance tree species and sustainable landscape. The estimated cost of the removal of the Australian Pines and landscape replacement is $800,000. The original intent was to fund this project from the proceeds of the sale of the old City Hall; however; given the timeline for completion during the ideal planting season, it is imperative that the project begin in January 2018. The closing for the old City Hall site is scheduled for March 2018. It is therefore recommended that the project cost be funded from General Fund reserves and be replenished when the sale proceeds from the old City Hall are received. Fiscal Note: Upon approval, approximately $13,900,000 will be available in Unassigned Fund Balance in General Fund 001.

7. Resolution No. 394-17 authorizing the assessment of city liens in the total amount of $32,886.25 for unpaid water service, sewer service, and stormwater service charges for the month of September 2017.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING AND AUTHORIZING AN ASSESSMENT OF CITY LIENS FOR UNPAID WATER SERVICE, SEWER SERVICE, AND STORMWATER SERVICE; PROVIDING THAT SAID LIENS SHALL BE PRIOR IN DIGNITY TO ALL OTHER LIENS AGAINST THE ASSESSED PROPERTIES, SAVE AND EXCEPT A LIEN FOR TAXES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21727 Staff Recommended Motion: Approve Resolution No. 394-17. Background: In accordance with the Code of Ordinances of the City of West Palm Beach, Florida, 2003, Sections 90-4 and 90-5, the City imposes liens on private real property for delinquent payments due for utility services. The liens to be assessed by Resolution No. 394-17 are for unpaid water service, sewer service and stormwater service charges for the month of September 2017. The list of properties to be assessed and the associated charges totaling $32,886.25 are attached to Resolution No. 394-17 as EXHIBIT A - Utility Lien List September 2017. If not paid, these liens may be foreclosed by the City. Fiscal Note: No fiscal impact.

8. Resolution No. 407-17 approving a grant to the Urban League of Palm Beach County for continuance of the Urban Youth Clean Team Program and Resolution No. 410-17(F) appropriating the funds.



RESOLUTION NO. 407-17: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A GRANT TO THE URBAN LEAGUE OF PALM BEACH COUNTY FOR CONTINUED FUNDING OF THE CLEAN TEAM PROGRAM; AUTHORIZING EXECUTION OF A GRANT AGREEMENT; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. RESOLUTION NO. 410-17(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 2017/2018 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 TO PROVIDE APPROPRIATIONS FOR A GRANT TO THE URBAN LEAGUE OF PALM BEACH COUNTY FOR THE CLEAN TEAM PROGRAM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21721 Staff Recommended Motion: Approve Resolution No. 407-17 and Resolution No. 410-17(F). Background: The Urban League of Palm Beach County (“ULPBC”) has established community improvement and social development as one of its goals. ULPBC is an organization that helps African Americans and other minorities attain social and economic equality with a fundamental objective of enabling those who are striving toward the mainstream to achieve economic self-reliance; and By Resolution No. 339-16, the City Commission of the City of West Palm Beach approved a grant to the ULPBC for funding to implement an urban youth Clean Team program within the City of West Palm Beach. The “Clean Team Program” (the “Program”) targets black males, ages 18-24+, who are residents of the City to develop a team of five to provide twenty hours of trash and litter pick up per week in an area that includes Coleman Park and Pleasant City communities. ULPBC successfully implemented an urban youth Clean Team program within West Palm Beach during 2017; and the City desires to have ULPBC continue to provide such program for the benefit of the City’s target youth and the benefitted neighborhoods. Resolution No. 407-17 authorizes a grant in the amount of $91,688 to ULPBC for continuation of the Clean Team Program during 2018. Fiscal Note: Authorizes a grant in the amount of $91,688 and provides funding.



9. Resolution No. 389-17(F) providing appropriations in the amount of $35,000 for the hiring of a consulting firm to conduct an assessment of the Police Department Dispatch Operations Division and Resolution No. 401-17 approving the consulting agreement.

RESOLUTION NO. 389-17(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 2017/2018 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 TO RECOGNIZE RECEIPT OF 911 GRANT REVENUE FROM THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONS AND TO PROVIDE APPROPRIATIONS FOR THE CONTRACTUAL SERVICES FOR CONSULTANTS TO CONDUCT AN ON SITE 9-1-1 PSAP ASSESSMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 401-17: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A CONSULTING AGREEMENT BETWEEN THE ASSOCIATIONOF PUBLIC SAFETY COMMUNICATIONS OFFICIALS, INC., AND THE CITY OF WEST PALM BEACH REGARDING AN OPERATIONS ANALYSIS AND TRAINING/STAFFING STUDY FOR 911 EMERGENCY SERVICE DISPATCH; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21713 Staff Recommended Motion: Approve Resolution No. 389-17(F) and Resolution No. 401-17. Background: The Police Department Dispatch Center is and has been chronically understaffed for many years. Hiring continues to be challenging and retention rates are lagging. Additionally, technology is rapidly evolving and the evaluation of current technology with regard to emerging requirements is a very specialized and technical field. The Police Department seeks to hire a consulting firm to evaluate current operations with benchmarking, evaluate and facilitate organizational support, share best practices, conduct a technology assessment, facility review, evaluate current customer service levels and opportunities for improvement, assess staffing levels and training as compared to industry standards, review and make recommendations regarding organizational structure and governance, and identify human resource requirements and make recommendations unique to West Palm Beach. Resolution No. 401-17 approves a consulting agreement with the Association of Public-Safety Communications Officials International, Inc., which will conduct an operations analysis and training/staffing study of the dispatch center and provide recommendations.



The estimated amount needed for the consulting service to perform this on-site 911 assessment is $35,000. Seventy-five percent of the costs associated with this consulting service contract will be reimbursed to the City from the Palm Beach County Board of County Commissioners and will be recognized in Police General Fund Revenue Source 911 Grant. The remaining twenty five percent ($8,750) will be absorbed through current year position vacancies, including a Dispatch Supervisor position. General Fund appropriations are needed in the contractual services account for the total amount of the contract of $35,000. Resolution No. 389-17(F) appropriates $35,000 funding. Fiscal Note: Grant funds will provide $26,250 and available police general fund appropriations are available for the balance of $8,750.

10. Resolution No. 396-17 ratifying the application made to the Florida Department of Law Enforcement for distribution of the Justice Assistance Grant for reimbursement of overtime expenses for security for the President-Elect in the amount of $11,355.00.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, RATIFYING SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR A GRANT UNDER THE DEPARTMENT OF JUSTICE- (JUSTICE ASSISTANCE GRANT PROGRAM FOR REIMBURSEMENT OF OVERTIME EXPENSES INCURRED FOR PRESIDENT-ELECT SECURITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21720 Staff Recommended Motion: Approve Resolution No. 396-17. Background: The City of West Palm Beach, on behalf of its Police Department, was invited to make application to the Florida Department of Law Enforcement for the reimbursement of overtime expenses the City incurred as a result of participating in a mutual effort to protect the President Elect during his visits to Mar A Lago in Palm Beach (prior to inauguration). The U.S. Department of Justice funded a Justice Assistance Grant for these purposes with the Florida Department of Law Enforcement as the Awardee. FDLE is utilizing the funds to offset both state and local costs incurred in this mutual effort. Resolution No. 396-17, ratifies the application made to the granting agency and authorizes the Mayor to execute the grant agreement, which is being awarded in the amount of $11,355.00.The project is entitled OVERTIME FOR PRESIDENT-ELECT SECURITY.



11. Resolution No. 405-17 approving a facade improvement grant for 313 Datura Street and Resolution No. 406-17 approving an interlocal agreement between the City and CRA related to the funding of the facade improvement grant.

RESOLUTION NO. 405-17: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING ECONOMIC INCENTIVES FOR STI HOLDINGS DATURA, LLC; AUTHORIZING THE EXECUTION OF A RELATED GRANT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 406-17: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE WEST PALM BEACH COMMUNITY REDEVELOPMENT AGENCY REGARDING FUNDING FOR THE BUSINESS INCENTIVE GRANT TO STI HOLDINGS DATURA, LLC; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21722 Staff Recommended Motion: Approve Resolution No. 405-17 and Resolution No. 406-17. Background: 313 Datura Street is a historic structure in the City. Originally built as a hotel in the 1920's, the structure has undergone transformations that have taken it from a hotel use, to retail and now to an employment center housing several businesses and entrepreneurs. The original facade of the structure was covered up when it was converted into a retail office use. However, components of the original facade exist under the current facade. The owner of the property is willing to restore the building’s facade to its original look complete with windows that will overlook Datura Street. This facade project addresses several goals for the City. First, the project continues to add to a commercial building asset that is performing well for the City in regards to business and jobs. Further investment in the facade project will only increase the desire for businesses to remain tenants at 313 Datura Street. Second, the place making nature of the project will add interest and value as daily users become familiar with the unique nature of the architecture. Place making is an interest component that adds in the attraction of new workers looking for vibrant and enjoyable cities to work and live. The 313 facade project adds to the City's workforce development efforts. Third, the facade will be in compliance with the Secretary of Interior’s Standards for Rehabilitation, the highest historic preservation standards, adding the building to the City's catalog of original historic structures. Lastly, the 313 facade project will be an overall improvement of the 300 Block of Datura Street. In order to improve the facade of the building, black olive trees will need to be removed and new trees will need to be replanted. The new trees will be replanted in a way that is sustainable and will not interrupt the side walk and street. The improvement will enhance the overall walkability of Datura Street.



Other notes of interest are that the building is also connected to a historic carriage house with one of 4 hand operated elevators that is still certified by the State of Florida, the structure is immediately behind the 314 Clematis Street which is a large economic development project and it’s along the first alley that the City has identified to improve. The 313 Datura façade project is currently budgeted at $909,498.93. The grant amount is for 20% of the improvement not to exceed $200,000.00. The grant will be funded by through the City's Economic Development budget (50%) and the Community Redevelopment Agency (50%). The owner of the property does not plan to move forward with the façade project unless the City can assist with the improvement. However, once the façade project is completed the owner is required to file a West Palm Beach Local Register historic nomination form. Once a positive recommendation from the Historic Preservation Board has been received and a successful hearing process by the City Commission has occurred the funds will be distributed. The project is located in District 3 which is represented by Commissioner Paula Ryan.

12. Resolution No. 404-17 approving an Economic Development Incentive Grant Agreement (Building Improvements) for M Hackman, Inc. d/b/a Aioli in an amount not to exceed $25,679.38.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING ECONOMIC INCENTIVES FOR M HACKMAN, INC. D/B/A AIOLI; AUTHORIZING THE EXECUTION OF A RELATED GRANT AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21723 Staff Recommended Motion: Approve Resolution No. 404-17. Background: Aioli is located in the south end of West Palm Beach and has been open for two and half years. In that time frame the owners have built strong relationships with the surrounding community and are proud to have cultivated a “neighborhood” restaurant. Aioli’s growth has been fueled by the demand of the customers. Aioli is currently expanding their southern location and adding another location to downtown. The building improvement grant reflects the build out amount for both locations. In addition to keeping up with growing demand, another major reason for the expansion is to buildout a sourdough bread bakery. It will be the first sourdough bread bakery in West Palm Beach. Business plans for the bakery include general retail from their restaurant but also to supply other area restaurants with fresh breads. The goal for Aioli is growth. Aioli has a staff of twelve under their current business model and plans to triple staffing levels, ultimately running 24 hours with bread baking.



The square footage for the projects include the following: Southend location: 2496 sq ft Downtown: 1455 sq ft Est. Employees: Southend: 15 Downtown: 15 Grant Total: 10% of the building renovations in a grant amount not to exceed $25,679.38. The grant is issued on a reimbursement basis after all permits are closed, a certificate of occupancy has been issued by the City and proof of invoices and payments are provided to the City. Aioli will be required to remain in the City for a five (5) year period. The projects are located in District 3 and District 5, which are represented by Commissioner Paula Ryan and Commissioner Shanon Materio respectively.

13. Resolution No. 362-17 approving an amendment to the Interlocal Agreement with Treasure Coast Regional Planning Council regarding the development of a Complete Street Master Plan for improvements to Forest Hill Boulevard between I-95 and US-1.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND TREASURE COAST REGIONAL PLANNING COUNCIL REGARDING DEVELOPMENT OF COMPLETE STREET MASTER PLAN FOR A PORTION OF FOREST HILL BOULEVARD; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21714 Staff Recommended Motion: Approve Resolution No. 362-17. Background: The City of West Palm Beach, in collaboration with the Palm Beach Metropolitan Planning Organization (MPO) and the School District of Palm Beach County, seeks to study and implement ways to improve mobility, safety, and quality of life along the Forest Hill Boulevard corridor between the I-95 interchange and US-1. The Treasure Coast Regional Planning Council (TCRPC) has been requested to prepare a scope of services to assist the City, MPO, and School District in coordinating a meaningful public involvement process to solicit community input and develop a detailed design and plan for implementation. In addition to the entities listed above, TCRPC has secured a Technical Assistance grant from the State of Florida Department of Economic



Opportunity (DEO). The DEO grant funds are to fund a traffic study for this project and TCRPC has a separate agreement with the department for that purpose. The project area for the Forest Hill Boulevard Improvements Plan is focused on, but not limited to, the Forest Hill Boulevard right-of-way from the I-95 interchange on the west to US-1 on the east, approximately 0.8 miles, and any areas adjacent to the corridor where additional analysis would benefit the master planning efforts. The key elements of the Forest Hill Boulevard Improvements Master Plan shall include: - The creation of a physical master plan for the City/MPO/School District which considers opportunities to improve multi-modal operations and user safety on the corridor; - The re-envisioning of Forest Hill Boulevard in this area as a “Complete Street” with bicycle and pedestrian improvements; - Recommendations on improved landscaping and streetscaping treatments; - Consideration of a potential “Road Diet” on this section of the corridor to enable safer travel lane widths, slower vehicular speeds, and room to accommodate other pedestrian and bicycle infrastructure; - Detailed considerations of the intersections of Forest Hill Boulevard with Parker Avenue, Lake Avenue, Georgia Avenue, the FEC railway corridor, and US1; - A community-based vision for the corridor established through a public design workshop and interview process; - Coordination with the School District of Palm Beach County regarding access management concerns related to Forest Hill High School; - Coordination with all relevant agencies including, but not limited to, the Palm Beach Metropolitan Planning Organization, Florida Department of Transportation (FDOT) District IV, Palm Beach County, adjacent municipalities, and DEO. Fees: The total fee for development of the Complete Street Master Plan Forest Hill Boulevard, as described in the scope above, is $120,000 (One Hundred Twenty Thousand Dollars). Funding for this effort will be provided by the following: 1. Palm Beach MPO: $50,000 (via separate MPO Task Order) 2. City of West Palm Beach: $25,000 (via Interlocal Agreement with City) 3. School District of Palm Beach County: $15,000 (part of Interlocal Agreement between City and TCRPC) 4. Florida Department of Economic Opportunity: $30,000 (via grant agreement with DEO)



The anticipated timeframe for the Public Design Workshop phase is January 2018. The final charette report, findings and recommendations is expected to be completed by June 2018 with final approval of the Project plans in July 2018. COMMISSION DISTRICT: This Project will be located in Commission District 5: Shannon Materio.

14. Resolution No. 400-17 approving the installation of a shade sail system in place of a ficus tree in the center of the Palm Beach Zoo's new entry plaza, to be completed by the Palm Beach Zoo within its leased premises located at 1301 Summit Boulevard.

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE INSTALLATION OF A SHADE SAIL SYSTEM IN THE CENTER OF THE PALM BEACH ZOO'S NEW ENTRY PLAZA, TO BE COMPLETED BY THE PALM BEACH ZOO WITHIN ITS LEASED PREMISES LOCATED AT 1301 SUMMIT BOULEVARD; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21710 Staff Recommended Motion: Approve Resolution No. 400-17. Background: On July 21, 1969, the City of West Palm Beach entered into a lease agreement with the Zoological Society of The Palm Beaches, Inc. (the "Zoo"), leasing a portion of City-owned property within Dreher Park, located at 1301 Summit Boulevard, for the construction, operation, and maintenance of a zoo facility. As amended and restated from time to time, the lease agreement between the City and the Zoo requires that individual structures or improvements in excess of $5,000 are to be submitted to the City Commission for prior approval, as such improvements would occur on City-owned property. The Zoo is currently proposing the installation of a shade sail system in place of a large ficus tree that was damaged/destroyed by Hurricane Irma in the center of the Palm Beach Zoo's new entry plaza. As such improvements are in excess of $5,000, the Zoo is requesting approval from the City Commission. Before commencing the improvements, the Zoo shall provide the City’s Risk Manager with certificates of insurance evidencing that any contractor(s) performing the Improvements carries appropriate insurance and names the City as an additional insured. Fiscal Note: No fiscal impact.



COMMENTS FROM THE PUBLIC FOR NON-AGENDA ITEMS:

PUBLIC HEARING (15 – 19):

15. Public Hearing and Second Reading of Ordinance No. 4743-17 Regarding the Solar Energy Agreement with Florida Power & Light Company for Installation of Solar Trees in Howard Park.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A SOLAR ENERGY AGREEMENT WITH THE FLORIDA POWER & LIGHT COMPANY FOR INSTALLATION OF SOLAR TREES IN HOWARD PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21660 Staff Recommended Motion: Approve Ordinance No. 4743-17. Background: The City of West Palm Beach has long recognized Climate Change as an important global issue and is working to prepare our community now and for the future. West Palm Beach has established a community wide greenhouse gas reduction goal of “Net Zero emissions by 2050”, Mayor Muoio is a leading "Climate Mayor" and this year committed to “Mayors for 100% Renewable Energy”, a US Conference of Mayors resolution to move to 100% renewables. As part of the overall Sustainability Action Plan, STAR Communities certification and Compact of Mayors commitment, key strategies, including utilization of solar energy have been identified to help meet those goals both within City operations and community wide. The FPL SolarNow program is a Florida Public Service Commission approved voluntary solar partnership program, which provides FPL customers with a way to support the development of solar energy systems in local Florida communities, without impacting non-participating customers and without the up-front costs of installing solar systems on their home or business. As part of the program, residents, businesses, local organizations and FPL partner to build solar canopies or trees in public community locations. For a nominal contribution of $9 a month, customers can choose to support the development of these projects. The City desires to partner with FPL to have three (3) Solar Trees installed in the northern most boundary of Howard Park, west of the Convention Center, and just south of Okeechobee Blvd. The Solar Trees will provide shade, generate clean energy for USB charging ports and provide education about solar energy. The Solar Trees are in line with goals identified by the Gehl Study and have been shared with the surrounding communities.

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The Solar Agreement with FPL grants FPL the use of a portion of Howard Park for a term of ten (10) years, which may be renewed for one additional five (5) year term, for installation of 3 solar trees or other renewable energy generating equipment. During the term of operation, FPL will operate and maintain its solar equipment in good working order and in a safe, clean manner at FPL's expense. FPL acknowledges that it is installing the solar equipment on public property accessible by the general public and that the City will have no liability to FPL for damage to the equipment caused by a member of the public, unless caused by the City’s negligence, misconduct or willful omission. The City will conduct routine maintenance on the grounds at the solar site. The Solar Agreement includes a mutual indemnification provision whereby the City indemnifies FPL, to the limits of sovereign immunity under Sec. 768.28, Florida Statutes, from any third party claims related to the solar trees, to the extent arising from the negligence or willful misconduct of the City, its employees, contractors and agents; and FPL indemnifies the City from third party claims arising from the negligence or willful misconduct of FPL, its agents, employees, representatives, contractors, or sub-contractors up to One Million Dollars ($1,000,000). FPL will be required to provide general liability insurance coverage. The generating of solar energy within Howard Park utilizing FPL equipment serves a valid public purpose by providing a benefit to the City and its residents by providing USB charging in Howard Park and educating the community about solar energy. Ordinance No. 4743-17 approves the Solar Agreement with FPL. An Ordinance is required pursuant to Sec. 2-31 of the Code of Ordinances because the Solar Agreement grants FPL an interest in City property for a term of more than five (5) years. Fiscal Note: No fiscal impact.

16. Public Hearing and Second Reading of Ordinance No. 4739-17 approving the transfer of the recently abandoned Narcisuss Avenue right of way between 2nd Street to Banyan Boulevard to the CRA for inclusion in the lease with Navarro-Lowry, Inc.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE TRANSFER OF ABANDONED NARCISSUS AVE. LOCATED BETWEEN BANYAN BOULEVARD AND 2ND STREET, WEST PALM BEACH, FLORIDA, TO THE CRA; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSFER; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21724

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Staff Recommended Motion: Approve Ordinance No. 4739-17, authorizing the transfer of the abandoned portion of Narcissus Avenue to the CRA for inclusion in the lease to Navarro Lowry for development of a mixed use project. Background: The City of West Palm Beach and the West Palm Beach Community Redevelopment Agency issued Request for Proposals No. 13-14-214 for the purchase or lease of the land formerly occupied by City Hall and the land formerly occupied by the Helen Wilkes Hotel and the development and completion of a unified, mixed used development on the two parcels of land; and in reliance on its Proposal, financial strength, and experienced team, the City and the CRA selected Navarro Lowrey, Inc., (“Developer”) to acquire the properties and develop, construct and complete the mixed use development project. The proposed project is a mixed use development including a hotel, multi-use building with live-work rental apartments or office rental units, street level retail, and a parking garage on the City Hall property, as well as a high end, full service restaurant and a high quality, activated urban open space plaza to be located on the Helen Wilkes Property owned by the CRA. By Ordinance No. 4601-15, the City Commission approved the Agreement for Sale and Purchase of Real Property between the City and Navarro Lowrey, Inc., for the sale of the Old City Hall located at 200 Second Street, to be developed as a mixed-use project in accordance with a forthcoming Development Agreement. By Resolution No. 16-4, the West Palm Beach Community Redevelopment Agency ("CRA”) Board approved the Agreement to Enter into a Lease Agreement between the CRA and Navarro Lowrey, Inc., for lease of the Helen Wilkes site to be included as part of the adjacent mixed use development. By Resolution No. 367-17, the City Commission approved that the portion of Narcissus Avenue between 2nd Street and Banyan Boulevard would be abandoned to allow the developer to utilize the square footage toward calculation of development of the mixed use project, and to allow that portion of the right-of-way to serve as the access to the planned hotel. The abandoned portion of Narcissus Avenue will remain open to traffic, unless closed for event, in accordance with the Lease Agreement. Upon abandonment, a portion of Narcissus Avenue adjacent to the Old City Hall site will vest with the City, and the other portion adjacent to the Helen Wilkes site with vest with the CRA. The City intends to transfer its interest in the abandoned portion of Narcissus Avenue to the CRA to be included in the Lease Agreement with the Developer. Public utilities exist within the subject row requiring reservation of a utility easement within the entire abandoned portion of Narcissus Avenue. The Planning Division staff has evaluated the proposed row abandonment pursuant to the criteria contained in Section 78-217 of the City Code and recommends approval of the abandonment. On December 4, 2017 the City Commission approved Resolution No. 321-17 abandoning the portion of Narcissus Avenue between Banyan Boulevard and 2nd Street; and Resolution No. 322-17 declaring the City's portion of the abandoned right-of-way to be



surplus, provided the utility easement is retained, and directs that it be transferred to the West Palm Beach Community Redevelopment Agency for inclusion in the lease to Navarro Lowry, Inc., for development of a mixed use project. Ordinance No. 4739-17 approves transfer of the City's half of the abandoned portion of Narcissus Avenue to the CRA for inclusion in the lease to Navarro Lowry for the mixed use development. The transfer is without consideration and an appraisal is not required, pursuant to Sec. 2-31(27) of the Code of Ordinances, as the transfer is to another governmental agency. As required by the City Code of Ordinances, Ordinance No. 4739-17 was approved by super-majority (4 votes) at First Reading) on December 4, 2017. COMMISSION DISTRICT: The subject Property is located within Commission District No. 3 – Commissioner Paula Ryan.

17. Public Hearing and First Reading of Ordinance No. 4754-17 amending the Art in Public Places Ordinances.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST PALM BEACH, AT CHAPTER 78 (STREETS, SIDEWALKS AND PUBLIC PLACES), ARTICLE V (ART IN PUBLIC PLACES), TO AMEND VARIOUS SECTIONS TO ADD DEFINITIONS, ADD CRITERIA REGARDING LOCATIONS OF ARTWORK, INCREASE FUNDING, PROVIDE A TIME LIMIT FOR ART INSTALLTION, ALLOW BONDING OF ESCROW, INCLUDE ADDITIONAL PUBLIC PROJECTS, CLARIFY THE ARTIST’S AND CITY’S RIGHTS IN THE ARTWORK; AND TO CREATE SECTION 78-136 TO CLARIFY THE PERMITTING REQUIREMENTS FOR PUBLIC ART; AND TO CREATE SECTION 78-137 TO PROVIDE A PROCESS FOR UNSOLICITED ART PROPOSALS; PROVIDING A SEVERABILITY AND CODIFICATION CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21715 Staff Recommended Motion: Approve Ordinance 4754-17 on First Reading and schedule a Public Hearing and Second Reading for January 16, 2018. Background: The Art in Public Places Ordinance was first adopted on December 2, 1985 and created the AiPP Committee. On March 31, 2014, by Ordinance No. 4504-14, the AiPP Ordinance was significantly amended and reinstated. That Ordinance directed that the ordinance be reviewed after one year of and that a report and suggested revisions be brought back to City Commission. Staff has implemented the Ordinance and has noted that the need for clarifications and revisions.



REVISIONS: Ordinance No. 4754-17 proposes several revisions to the AiPP program, the most significant include: A. Definition of Affordable Housing: households at or below 80% of the Area Median Income as defined by the U.S. Department of Housing and Urban Development (HUD) income limits per household size and that meets maximum housing payments established by HUD, Florida Housing Finance or local ordinance. B. Definition of Master plan means the art in public places master plan, as approved by the city commission from time to time. C. Definition of residential planned development phase as it pertains to the ordinance. D. Public place means an area, public or private, visible to public view, including but not limited to the exterior of buildings, structures, exposed to public view, including, but not limited to, buildings, parks, right-of-way medians, and open spaces. E. Definition of proposed location was further clarified to include: art and/ or element(s) is appropriate to accommodate the size and scale of the proposed art and/or elements(s), has or can reasonably accommodate any necessary supporting infrastructure, is in compliance with applicable city code requirements such as visibility triangle, and complies with the locations identified in the art in public places master plan. D. Committee Funds. The amount authorized for the AiPP Committee to commission artists increased from $10,000 to $15,000 per fiscal year. E. No general grants or sponsorships. The art in public places funds are not intended to provide general grants or sponsorship funding to artists, organizations, business and/or institutions, but shall be utilized in accordance with the master plan and the requirements of this article. F. Escrow of AiPP fees: If the amount to be escrowed exceeds five hundred thousand dollars, than in lieu of a deposit of the full amount of the art assessment, a payment bond in an amount not less than the full required deposit amount, which references this city code section, from a surety acceptable to the city, may be provided. Such bond shall provide for payment of the bond amount to the city in the event that public art, or historical or cultural elements, which complies with the requirements of this article is not installed within 36 months of issuance of the building permit, unless such time is extended in writing by the AiPP Coordinator. G. Accounting of Escrow: In the event that public art, or historical or cultural elements, which complies with the requirements of this article is not installed within 36 months of issuance of the building permit for the project, all escrow funds shall be disbursed to the city, unless such time is extended in writing by the Public Art Coordinator.



H. A sidewalk, pedestrian or bicycle path project where sufficient location, space, utilities and other elements to accommodate public art exist, as determined by engineering and planning staff and the art in public places coordinator. I. The addition and clarification of the VARA act as follows: 17 U.S.C. §§106A and 113(d)(Visual Artist Rights Act). The City shall make all reasonable efforts to attribute the artwork to the artist in all uses. J. Permits and building code updates and additions to building and electrical permits for artwork including text based artwork. K. The addition for a process and criteria for unsolicited public art proposals. Fiscal Note: No direct fiscal impact.

18. Public Hearing and First Reading of Ordinance No. 4755-17, amending the Code of Ordinances to provide for changes to the leave with pay for death in the immediate family.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING CHAPTER 62 (PERSONNEL AND RETIREMENT), ARTICLE II (PERSONNEL POLICIES), DIVISION 2 (COMPENSATION AND LEAVE POLICIES), AT SECTION 62-63 (OTHER LEAVES); PROVIDING FOR A CODIFICATION CLAUSE, A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES Agenda Cover Memorandum No.: 21729 Staff Recommended Motion: Approve Ordinance No. 4755-17 on First Reading and schedule for Public Hearing and Second Reading for January 16, 2018. Background: Ordinance No. 4755-17 provides for changes to the Leave with pay for death in the immediate family from three (3) to five (5) days and also updates the definition of "immediate family" as currently defined in the Code. These changes are proposed to achieve equity and consistency between the different employee groups and to maintain competitive recruitment efforts. Fiscal Note: No fiscal impact.

19. Public Hearing and First Reading or Ordinance No. 4746-17: a City-initiated text amendment to the City’s Zoning and Land Development Regulations to allow for solar energy systems as a permitted primary use subject to extra requirements and



as an accessory use. The proposed text amendments to Chapter 94 will add new use categories for Solar Energy Systems.

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST PALM BEACH, FLORIDA, AT CHAPTER 94, ZONING AND LAND DEVELOPMENT REGULATIONS, TO INCORPORATE NEW REGULATIONS FOR SOLAR ENERGY DEVICES IN SECTION 94-272 (PERMITTED USE TABLE) AND, SECTION 94-273 (EXTRA REQUIREMENTS FOR SPECIAL USES OR PERMITTED USES) AND SECTION 94-309 (MISCELLANEOUS SUPPLEMENTAL DISTRICT REGULATIONS), AND SECTION 94-611 (DEFINITIONS); DECLARING THIS AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21716 Staff Recommended Motion: APPROVE Ordinance No. 4746-17: A City-initiated request for a text amendment to the Zoning and Land Development Regulations to clarify allowed uses, standards and processes required for installation of solar energy systems. Background: The City’s Department of Sustainability coordinated with the cities of Lake Worth, Lantana, Delray Beach and with Palm Beach County to have no-cost technical assistance to receive a SolSmart designation. SolSmart is a new national designation program, funded by the U.S. Department of Energy SunShot Initiative, designed to recognize communities that have taken key steps to address local barriers to solar energy and foster the growth of mature local solar markets. The City’s Department of Sustainability has organized a team of national and local experts though the designation process to work with the Development Services Department to reduce the “solar soft costs.” “Solar soft costs” are described in the program as administrative costs that can increase the time and money it takes to install a solar energy system. The national and local experts have provided guidance and best practices to amend the City’s Zoning and Land Development Regulations to clarify allowed uses, standards and processes required for solar installation. These changes are further being advanced by the City’s Building Division by providing one day permitting for smaller systems. The intent of the amendments is to clarify solar energy systems as allowable accessory and primary uses, provide standards for such uses and clear processes required for different sized solar energy systems. These amendments are consistent with state legislation which encourages the development and use of renewable resources, including solar collectors.



Primary Use: Solar Energy Systems: Three new use categories for Solar Energy Systems are being added to the permitted use table (Section 94-272, Table IX-1). These use categories are based on tiers according to the sizes of the solar energy systems. The sizes are determined by the Florida Public Service Commission which regulates interconnection rules. The differences between the three tiers as it relates to solar energy are as follows: Tier One •Systems that produce up to 10kw •Generally generates the amount of energy used for one household. Tier Two •Systems that produce up to 10kw to 100kw. •Amount of power generated would serve about ten homes. Tier Three •Systems that produce up to 100kw to 2Mw •The energy generated to serve about two hundred homes The approval process for tier one systems is relatively simple and straightforward since the systems are relatively small, like those installed on a roof as an accessory use. Tier two and three systems require more neighborhood notification, public hearings and application requirements based on the system tier and the zoning district compatibility. Accessory Use: Solar Energy Systems: Accessory use solar will be permitted by right in all zoning districts as an accessory use. Zoning review will be done to make sure the panels are installed to minimize any visual/ aesthetic impacts. This includes requiring that: •solar collectors are parallel with the existing roof slope, •the solar collectors are installed no more than one foot above the existing roof; and •the solar collectors do not extend past the peak of the roof. The Planning Board made a recommendation of approval unanimously (5-0) on October 17, 2017. The proposed amendments were presented for informational purposes only to the Sustainability Advisory Committee on November 7, 2017. Ordinance No. 4746-17 will be advertised in the Palm Beach Post on December 11, 2017. This amendment will apply City-wide.



PUBLIC HEARING – QUASI-JUDICIAL (20 – 22) DISCLOSURE OF EX PARTE COMMUNICATIONS, IF ANY* SWEARING IN OF WITNESSES

20. Public Hearing and Second Reading of Ordinance No. 4752-17: A text amendment to Section 94-402 of the City’s Zoning and Land Development Regulations to allow certain signs within Planned Development districts when adopted as part of a site-specific sign program; and Public Hearing of Resolution No. 359-17: A Major Amendment to The New Norton Community Service Planned Development to amend the adopted sign program and modify the previously-approved waiver regarding the height of the service yard screen wall to increase the height from six (6) feet to eight (8) feet. The above-referenced requests are being made by Brian M. Seymour, Esq. and Joshua I. Long, AICP, of Gunster, on behalf of Norton Gallery & School of Art, Inc.

ORDINANCE NO. 4752-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST PALM BEACH, FLORIDA, AT CHAPTER 94, ZONING AND LAND DEVELOPMENT REGULATIONS, ARTICLE XIII, SIGN REGULATIONS, SECTION 94-402, GENERAL PROVISIONS, TO ALLOW CERTAIN SIGNS WITHIN PLANNED DEVELOPMENT DISTRICTS WHEN ADOPTED AS PART OF A SITE-SPECIFIC SIGN PROGRAM; DECLARING THIS AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE, A CODIFICATION CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 359-17: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A MAJOR AMENDMENT TO THE NEW NORTON COMMUNITY SERVICED PLANNED DEVELOPMENT, GENERALLY LOCATED AT SOUTH DIXIE HIGHWAY AND CRANESNEST WAY, TO AMEND THE ADOPTED SIGN PROGRAM AND MODIFY A PREVIOUSLY APPROVED WAIVER TO INCREASE THE HEIGHT OF THE SERVICE YARD SCREEN WALL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21717 Staff Recommended Motion: APPROVE Ordinance No. 4752-17, approving a text amendment to Section 94-402 of the City’s Zoning and Land Development Regulations to allow certain prohibited signs within Planned Development (PD) districts when adopted as part of a site-specific sign program. 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. APPROVE Resolution No. 359-17, approving a Major Amendment to The New Norton Community Service Planned Development to amend the adopted sign program and modify the previously-approved waiver regarding the height of the service yard screen wall to increase the height from six (6) feet to eight (8) feet. 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 at the southeast corner of South Dixie Highway and Jefferson Road, The Norton Gallery & School of Art (hereinafter referred to as the “Norton”) consists of several parcels totaling ±8.64 acres. On September 28, 2015, the City Commission unanimously approved a Future Land Use Map Amendment and Rezoning to establish the New Norton Community Service Planned Development (CSPD). The approved CSPD provided for the construction of an approximately 54,075 square foot expansion with significant site modifications. The scope of work approved by the above-referenced approvals is well underway at this time, with the museum planning to open its expansion in early 2019. Height of Service Yard Screen Wall (Modification to Existing Waiver) As part of the original application, the Norton was approved for a service yard and storage building at the northeast corner of Cranesnest Way and South Dixie Highway. At the time of reviewing the site plan, it was determined that the service area would be screened with a solid six (6) foot high wall and landscaping in front. As such, a waiver was granted to the provisions of Section 94-302(c)(1) of the City’s ZLDRs to allow a six (6) foot high wall within the front setback. As the location of the service yard, storage building, screen wall, etc. all fell within the boundaries of the Mango Promenade Historic District, the final design of all of these elements was subject to the review and approval of the City’s Historic Preservation Board. These elements were all presented to the HPB on July 25, 2017. As part of the application to the HPB, the Norton requested that the height of the screen wall be increased to eight (8) feet to ensure that all of the undesirable activity that was to occur in the service yard was effectively screened from view. The HPB had no objection to the request, however, the applicant was required to amend the previously-granted waiver to increase the height of the wall in the front setback. Icon Sign With the adoption of The New Norton CSPD, a Sign Program was approved that provided site-specific signage regulations for the entire development. Included within the



Sign Program were allowances and restrictions on wall signs, freestanding signs, parking signs, etc. Through the development of the project, the architect of record (Norman Foster, of Foster + Partners) has been working on the design and development of iconic signage for the building to further enhance its architectural significance. Originally, it was anticipated that simple wall-mounted signage be applied to the west façade of the building, facing South Dixie Highway. Lord Foster, however, continued to explore other design alternatives. Ultimately Lord Foster presented to the Norton a design that consisted of free-standing internally illuminated letters on top of the west façade with the appearance that they are floating on top of the building. In order to implement such a design and signage element, the applicant has submitted two (2) requests: 1) amend the provisions of Section 94-402 of the City’s ZLDRs to allow certain prohibited signs within planned development (PD) districts when adopted as part of a site-specific sign program; and 2) amend The New Norton CSPD Sign Program to provide allowances for the iconic sign. Section 94-402(b)(1) of the City’s ZLDRs currently provides several prohibitions that would prevent the iconic sign proposed by the applicant, including “any sign which would project above the height…of the building on which it is located at the point where it is located.” As such, the applicant is requesting that exceptions be permitted as part of a planned development so long as there is an adopted sign program that is reviewed by Staff, the Planning Board, and ultimately approved the City Commission. This would ensure that any exceptions to signage that would otherwise be prohibited in the City would be reviewed in a public forum and as part of the overall design of the project. Subject to the ZLDRs being amended, the applicant is then requesting that The New Norton Sign Program be modified to provide the regulations for such an icon sign. Additionally, the applicant is requesting that banners be permitted on the building [in accordance with Section 94-407(16) of the City’s ZLDRs] until such time as the electronic changeable copy sign is installed on the site. CONCLUSION: It's is Staff’s professional opinion that the additional height of the service yard wall will not result in any additional negative impact, and that will actually result in more effective screening of the service yard and the undesirable activity that often occurs in such area. As such, Staff has no objection to modifying the previously-approved waiver. Additionally, the proposed icon sign will allow an opportunity to expand upon the architectural significance of the museum expansion and that the design is done in character with the context. Extensive work and study has occurred with regard to the proposal and it is Staff’s professional opinion that the proposal complies with all of the standards required by the City’s Zoning and Land Development Regulations. PLANNING BOARD: After a Public Hearing on October 17, 2017, the Planning Board recommended approval (6-0) of the requests. PUBLIC NOTICE: Individual notices were mailed to all property owners within 500 feet of the property, and signs were posted on the subject property. Ordinance No. 4752-17 and Public Hearing of Resolution No. 359-17 were advertised in the Palm Beach Post on December 8, 2017.



COMMISSION DISTRICT: The site is located within Commission District No. 3 - Commissioner Paula Ryan. Fiscal Note: No fiscal impact.

21. Public Hearing and Second Reading of Ordinance No. 4748-17: A City-initiated request for a Major Amendment to the Northwood Community Center Recreation and Open Space Planned Development, generally located between 38th Street and 42nd Street along Pinewood Avenue and the Florida East Coast (FEC) railroad tracks consisting of approximately 3.88 acres, to remove 0.19 acre from the boundaries of the planned development. Public Hearing and Second Reading of Ordinance No. 4749-17: A City-initiated request for a Future Land Use Map Amendment to change the Future Land Use designation of approximately 0.19 acre of land, generally located at the southeast corner of 40th Street and Greenwood Avenue, just west of the Florida East Coast railroad tracks from Community Service to Single Family. Public Hearing and Second Reading of Ordinance No. 4750-17: A City-initiated request for a rezoning, to rezone approximately 0.19 acre of land, generally located at the southeast corner of 40th Street and Greenwood Avenue, just west of the Florida East Coast railroad tracks from Recreation and Open Space Planned Development to Recreation and Open Space, with a further rezoning to Historic Single-family Low Density Residential, Context 4.

ORDINANCE NO. 4748-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING A MAJOR AMENDMENT TO THE NORTHWOOD COMMUNITY CENTER RECREATION AND OPEN SPACE PLANNED DEVELOPMENT, GENERALLY LOCATED BETWEEN 38TH STREET AND 42ND STREET ALONG PINEWOOD AVENUE AND THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY CONSISTING OF APPROXIMATELY 3.88 ACRES, TO REMOVE 0.19 ACRE FROM THE BOUNDARIES OF THE PLANNED DEVELOPMENT; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE NO. 4749-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF WEST PALM BEACH, FLORIDA, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 0.19 ACRE OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF 40TH STREET AND GREENWOOD AVENUE, JUST WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, FROM COMMUNITY SERVICE TO SINGLE FAMILY; DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN



OF THE CITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. ORDINANCE NO. 4750-17: 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 TO REZONE APPROXIMATELY 0.19 ACRE OF LAND, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF 40TH STREET AND GREENWOOD AVENUE, JUST WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY, FROM RECREATION AND OPEN SPACE PLANNED DEVELOPMENT TO RECREATION AND OPEN SPACE, WITH A FURTHER REZONING TO HISTORIC SINGLE-FAMILY LOW DENSITY RESIDENTIAL, CONTEXT 4; DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICTS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21718 Staff Recommended Motion: APPROVE Ordinance No. 4748-17 to remove approximately 0.19 acre from the boundaries of the Northwood Community Center Recreation and Open Space Planned Development. This motion is based upon the staff report, factual testimony, the recommendation of the Planning Board and the findings that the request complies with the Comprehensive Plan and the Amendment Standards in Section 94-32 of the City’s Zoning and Land Development Regulations. APPROVE Ordinance No. 4749-17 to change the Future Land Use designation of approximately 0.19 acre of land, generally located at the southeast corner of 40th Street and Greenwood Avenue, and just west of the Florida East Coast railroad, from Community Service to Single Family. This motion is based upon the staff report, factual testimony, the recommendation of the Planning Board and the findings that the request complies with the standards found in Future Land Use Element Policy 1.1.5 of the City’s Comprehensive Plan. APPROVE Ordinance No. 4750-17 to rezone approximately 0.19 acre of land, generally located at the southeast corner of 40th Street and Greenwood Avenue, and just west of the Florida East Coast railroad, from Recreation and Open Space Planned Development to Recreation and Open Space, with a further rezoning to Historic Single-family Low Density Residential, Context 4. This motion is based upon the staff report, the testimony given, the recommendation of the Planning Board, along with the findings that the rezoning complies with the Comprehensive Plan and the Rezoning 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 I – Staff Report)



The subject parcel is 0.19 acre in size and is currently located within the boundaries of the Northwood Community Center Recreation and Open Space Planned Development (ROSPD). The Northwood Community Center ROSPD generally lies between 38th Street and 42nd Street, and between Broadway and Greenwood Avenue and is comprised of approximately 3.88 acres overall. The subject parcel, which is located at the western limits of the planned development, at the southeast corner of 40th Street and Greenwood Avenue, and just west of the Florida East Coast (FEC) railroad tracks, is also part of the Northwood Hills Historic District and is currently unimproved with vegetation. A location map of the Planned Development is provided in ATTACHMENT II. The subject parcel had an original future land use and zoning of single-family residential; however, on January 25, 1999, the parcel had undergone a small-scale future land plan amendment (Ordinance No. 3201-98) and a rezoning (Ordinance No. 3202-98) to add additional land to the Northwood Community Center ROSPD, the site of the current Florence De George Boys & Girls Club community center (at 4105 Pinewood Avenue). The adopted ordinances from 1999 are summarized below: Ordinance No. 3201-98: Changed the Future Land Use of the subject property from Single Family (SF) to Community Service (CS). Ordinance No. 3202-98: Changed the zoning of the subject property from Single-Family Low Density (SF7) Residential to Recreation and Open Space (ROS), with a further rezoning to Recreation and Open Space Planned Development (ROSPD). The subject parcel was part of a master plan effort for the redevelopment and expansion of the Northwood Community Center ROSPD. When the City had acquired the parcel in 1999, the proposed use for the parcel was a passive park and a western connection for the residents west of the FEC railroad tracks to the community center. According to information provided by the Parks and Recreation Department, the plan was contingent upon the approval by the FEC Railway to grant the City the ability to build a pedestrian footbridge/crossing across the tracks which would connect the residential to the community center; however, the City was unable to reach an agreement with the FEC Railroad, and the subject parcel has remained vacant and undeveloped to date. Since the redevelopment of the parcel with the Northwood Community Center master plan vision is no longer feasible, it is now the City’s intent to reverse the land use and zoning of the property back to residential. Staff believes that the property would be better suited for residential development, which would be more consistent with the residential development pattern west of the FEC railroad tracks. If the requests are approved, the City intends to sell the parcel(s) for residential development, and the proceeds from the sale would be put towards the City’s affordable housing trust fund. In order to reverse the land use and zoning of the property back to residential, the City has initiated three requests: the first request is for a Major Planned Development (PD) Amendment to the Northwood Community Center ROSPD to remove the subject 0.19 acre parcel from the boundaries of the Planned Development; the second request is for a Future Land Use (FLU) Map Amendment to change the FLU designation of the subject



parcel from Community Service (CS) to Single Family (SF); and the third request is to change the zoning designation of the subject parcel from Northwood Community Center ROSPD to Recreation and Open Space (ROS), with a further rezoning to Historic Single-family Low Density Residential, Context 4 (SF7-C4). If the rezoning is approved, the subject parcel would acquire a historic context since it is located within the boundaries of the Northwood Hills Historic District. The three requests are analyzed below: Major Planned Development (PD) Amendment: Staff has no objection to the proposed Major PD Amendment to remove the subject 0.19 acre site from the boundaries of the Northwood Community Center ROSPD. It is Staff’s opinion that the proposed amendment would be ideal, since the master plan vision to convert the subject parcel to a passive park/pedestrian connection to the community center is no longer feasible. The parcel is segregated from the rest of the Planned Development by the FEC railroad tracks, which also presents a safety concern if the parcel were to be developed as a park with its close proximity to the tracks. Additionally, it is Staff’s intent to change the land use and zoning of the subject parcel back to residential, which is more suitable with the development pattern of the immediate area west of the FEC tracks. The proposed amendment to reconfigure the boundaries of the planned development complies with all eight (8) Amendment Standards in Section 94-32 of the Zoning and Land Development Regulations, which is analyzed in detail in the attached Staff Report. Future Land Use (FLU) Map Amendment: As part of any proposed Future Land Use (FLU) amendment, each of the level of service (LOS) element (i.e. drainage, potable water, wastewater, solid waste, school and traffic) is reviewed to determine if the new FLU designation, utilizing the maximum development potential, would cause any increase in impact, and if so, whether or not the capacity is available to accommodate the additional demand. Based on Staff’s LOS analysis for each element (detailed in the attached Staff Report), the proposed FLU change to Single Family is not anticipated to cause significant impact that would create any capacity issues for the existing facilities. Pursuant to Future Land Use Element Policy 1.1.5 of the City’s Comprehensive Plan, Staff had also analyzed the proposal with the criteria for a Future Land Use Amendment. Based on Staff’s analysis of the criteria, the proposal to change the FLU of the subject parcel to SF has been met. The existing and proposed Future Land Use Map of the subject parcel are provided in ATTACHMENTS III and IV. Rezoning: Under the current zoning designation of Northwood Community Center ROSPD, residential development is not permitted. The intent of this application is to rezone the subject parcel to SF7-C4 in order to allow residential to be developed on the subject parcel. As previously mentioned, the subject property is separated from the parcels of the community center by the FEC railroad tracks. The proposed SF7-C4 zoning would be more compatible with the development pattern west of the FEC tracks, which is residential and consists primarily of single-family lots within the boundaries of the Northwood Hills Historic District. Staff also believes that the application meets the



Rezoning Standards of Section 94-32 of the Zoning and Land Development Regulations (detailed and analyzed in the attached Staff Report), and therefore, Staff has no objection to the rezoning of the property to SF7-C4. The existing and proposed Zoning Map of the subject parcel are provided in ATTACHMENTS V and VI. CONCLUSION: The master plan vision for the Northwood Community Center Planned Development to develop the subject parcel as a passive park/pedestrian connection to the community center is no longer feasible, and Staff has also expressed safety concerns with developing the property as a park with its close proximity to the FEC railroad tracks. The amendment to remove the subject 0.19 acre parcel from the Planned Development would be reasonable, since the property is already segregated from the rest of the community center by the railroad tracks. With regard to compatibility, the proposed Future Land Use and zoning is more consistent with the development pattern of the immediate area, which is comprised of single-family residential. As noted, the Future Land Use and the zoning of the subject parcel was residential before it was included into the Northwood Community Center ROSPD in 1999. It is not anticipated that the proposed amendments would be detrimental to the immediate area or negatively impact the public facilities and services in the area. It in Staff’s professional opinion that the requests complies with the standards required by the City’s Comprehensive Plan and Zoning and Land Development Regulations, therefore, Staff is recommending approval of all three requests. PLANNING BOARD: After a Public Hearing on October 17, 2017, the Planning Board voted unanimously (6-0) to recommend approval of all three requests. PUBLIC NOTICE: Individual notices were mailed to all property owners within 500 feet of the property, and a sign was posted on the subject parcel. The Ordinances for Second Reading were advertised on December 8, 2017 and December 13, 2017 for Second Reading. COMMISSION DISTRICT: The subject 0.19 acre site is located within Commission District No. 1 – Commissioner Sylvia Moffett.

22. Public Hearing and Second Reading of Ordinance No. 4745-17, a request by Josh Nichols of Jon E. Schmidt and Associates, Inc., on behalf of Drive Shack Palm Beach, LLC, to rezone ±12.37 acres of property from General Commercial to Commercial Planned Development in order to develop a 61,908 sq. ft. indoor/ outdoor recreation facility with a restaurant and associated site improvements; and Public Hearing of Resolution No. 350-17: Granting waivers and establishing the development regulations for Drive Shack CPD.

ORDINANCE NO. 4745-17: 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 TO REZONE A ±12.37 ACRE PROPERTY LOCATED AT 1600 BELVEDERE ROAD FROM GENERAL COMMERCIAL ZONING DESIGNATION TO A COMMERCIAL PLANNED DEVELOPMENT ZONING DESIGNATION; DECLARING THIS ZONING MAP AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING A CONFLICT CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. RESOLUTION NO. 350-17: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST PALM BEACH, FLORIDA, APPROVING THE DEVELOPMENT REGULATIONS AND CONDITIONS FOR THE DRIVE SHACK COMMERCIAL PLANNED DEVELOPMENT; GRANTING WAIVERS OF THE ZONING AND LAND DEVELOPMENT REGULATIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Agenda Cover Memorandum No.: 21726 Staff Recommended Motion: APPROVAL Ordinance No. 4745-17: Amending the zoning map for the property located 1600 Belvedere Road by changing the property’s zoning district from General Commercial to Commercial Planned Development. This motion is based upon the factual testimony presented, the application submitted, the staff report, the recommendation of the Planning Board, the finding 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. APPROVAL Resolution No. 350-17. Adopting the site development plans and development regulations with waivers for construction of 61,908 sq. ft. indoor/outdoor recreation facility. This motion is based upon the factual testimony presented, the application submitted, the staff report, the recommendation of the Planning Board, and the findings that the development regulations are consistent with the Comprehensive Plan and comply with the standards found in Section 94-35 of the City’s Zoning and Land Development Regulations. Background: The subject site is owned by the Palm Beach County Department of Airports (DOA) and is within the limits of the Palm Beach International Airport Master Plan that is regulated by the Federal Aviation Administration (FAA). In the 2006 Airport Master Plan, the subject site was identified as a potential location for supporting non-airport development. The proposed request to rezone 1600 Belvedere Road from General Commercial (GC) to Commercial Planned Development (CPD) was made by Drive Shack Palm Beach, LLC, the lessee for the Department of Airports (DOA) property. The proposed request for CPD zoning is to allow the site to be developed into a regional entertainment destination. The entertainment destination will consist of an indoor/outdoor computerized golf driving range with interactive scoring plus a restaurant facility. The concept of the use is a 3-story indoor/outdoor driving range hosting 96 hitting bays. Each bay is outfitted with the



latest camera technology to analyze the player’s swing and trajectory to determine which target or area within the driving range the ball will land to score points within the game. The facility will have a restaurant with lounges for entertainment and social gatherings. ANALYSIS: The subject property currently has a Commercial (C) future land use (FLU) designation and a General Commercial (GC) zoning district of which the proposed uses are permitted. The proposed zoning map amendment to Commercial Planned Development (CPD) is consistent with the Comprehensive Plan since the proposed CPD zoning district is permitted in the Commercial FLU designation. (Sec. 94-4) Adjacent FLU designations, zoning districts and uses are all compatible with the proposed rezoning and use. Compliance with the standards has been detailed in Attachment A - Planning Board Staff Report. The Planning Board recommended approval (5-0) of this request to the City Commission after a public hearing on October 17, 2017. The City Commission approved first hearing of Ordinance No. 4745-17 (5-0) on December 4, 2017. COMMISSION DISTRICT: The subject site is located at 1600 Belvedere Road within Commission District 5- Commissioner Shanon Materio.

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.

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DRAFT - ordinancewatch.com · COLLECTIVE COZO FOR THE PURCHASE OF “DEEP THOUGHT”, A LARGE-SCALE SCULPTURE TO BE INSTALLED AT SULLIVAN PARK AND FOR THE DIRECT COSTS ASSOCIATED