HomeMy WebLinkAboutAgenda Council Agenda 120502Cit of Palm Beach Gardens
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Council A enda
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December O5, 2002
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Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin
Vice Mayor Sabatello
Council Member Clark
Council Member Russo
Council Member Delgado
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
December O5, 2002
7:00 P.M.
L PLEDGE OF ALLEGIANCE
IL ROLL CALL
IIL ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Paae 7 Attorney/Client Session.
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
VL CITY MANAGER REPORT:
VIL COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please
submit request form to the Citv Clerk prior to this Item)
VIIL CONSENT AGENDA:
a. Paae 8 Consideration of approving Minutes from the November 7, 2002
Worlcshop City Council Meeting.
b. Paae 10 Consideration of approving Minutes from the November 7,
2002 Regular City Council Meeting
c. Paae 15 Resolution 173, 2002 — Gables at Northlake Subdivision Plat.
Consideration of approving the Gables at Northlalce Plat.
d. Paae 20 Resolution 205, 2002 — Special Event Not To Exceed 6
Months "Taste of the Gardens" — Green Marlcet. Consideration for
approval of a special event for a City operated Green Market type program
to be lcnown as the Taste of the Gardens, to exceed the permitted duration
time in accordance with Section 78-187 of the City Code.
e. Paae 27 Resolution 214, 2002 — Amendment #2 — Financial Agreement.
Consideration of authorizing the Mayor and City Clerlc to execute
Amendment #2 to a Financial Assistance Agreement with Palm Beach
County which allows the City to be reimbursed for funding the preparation
of Streetscape Plans for Northlake Boulevard between Military Trail and
U. S. Highway One.
£ Paae 36 Resolution 217, 2002 — Workers' Compensation Settlement
Agreement. Consideration of approving a Workers' Compensation
Settlement and General Release with Alvin Parrish.
g. Paae 62 Resolution 218, 2002 — Abandonment of Pine Tree Boulevard
Right-Of-Way. Consideration for approval of abandoning the Pine Tree
Boulevard Road Right-Of-Way located within Plat 4 of the City of Palm
Beach Gardens, Florida, as recorded in Plat Boolc 27, Pages 4 through 6,
Public Records of Palm Beach County, Florida.
h. (Pa�e 68) Resolution 219, 2002 — Temporary Sales Center Time
Extension. Consideration for approval of a six-month time extension or an
extension until the City Council takes a final action on the pending PCD
amendment to the Ba1lenIsles PCD, whichever occurs first, for the
Ba1lenIsles Temporary Sales Center located on the west side of Ba1lenIsles
Drive approximately 700 feet south of PGA Blvd., in the Ba1lenIsles
Planned Community Development.
Paae 83 Resolution 220, 2002 — Agreement with the Trust for Public
Land. Consideration of approving an agreement with the Trust for Public
Land for professional services related to a Parks and Recreation Ballot
Measure scheduled for the election to be held in March 2003.
j. Paae 96 Resolution 223, 2002 — Palm Beach Gardens Medical Center
Boundary Plat. Consideration of approving the Palm Beach Gardens
Medical Center Boundary Plat.
IX. PUBLIC HEARINGS:
a. (Page 100) Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation
of Retail (Second Reading) (Continued from 11/07/02 City Council
Meeting). An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, providing for approval of an amendment to the
Oalcbroolc Square Shopping Center Planned Unit Development (PUD) by
adding a new 6,000 square-foot retail building alongside U.S. Highway
One and renovating the existing buildings, located at the northeast corner
of PGA Boulevard and Highway U.S. One, as more particularly described
herein; providing for waivers; providing for conditions of approval;
providing for conflicts; providing for severability; and providing for an
effective date.
b. (Pa�e 149) Ordinance 42, 2002 — Old Palm Community Development
District (First Reading). An ordinance of the City Council of the City of
Palm Beach Gardens, Florida, establishing a Community Development
District over the real property described in exhibit "A" to this ordinance
comprising approximately 651 acres; naming the initial members of the
Board of Supervisors of the district; establishing the name of the district as
the "Old Palm Community Development District"; designating the powers
of the district; providing for conflicts; providing for severability; and
providing for an effective date.
X. RESOLUTIONS:
a. (Pa�e 171) Resolution 184, 2002 — Evergrene Master Signage Program.
Consideration for approving a Master Sign Program for the Evergrene
Planned Community District (PCD), located between Military Trail and
Alternate AlA, North of Hood Road and South of Donald Ross Road.
b. (Pa�e 199) Resolution 213, 2002 — Old Palm Golf Club PCD SP
Review/Golf Maintenance & Golf Acadeiny. Consideration for the
approval of two site plans to allow for the development of a golf
maintenance facility, golf acadeiny, and helistop, located within the Old
Palm Golf Club Planned Community District (PCD).
XL ORDINANCES: (For Consideration on First Reading)
a. (Pa�e 244) Ordinance 43, 2002 — Submitting to Referendum an
Amendment to Article VI of the City's Charter. An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article VI of the City Charter,
"Administration as Council-Manager Form of Government," by amending
Section 6-1, "City Manager," to remove unnecessary language regarding
the appointment of persons to act on the City Manager's behalf in the
event of absence or disability, to delete the residency requirement and
procedures for removal or suspension and to allow the City Manager to
appoint and remove Department Heads, including the City Engineer,
execute contracts as prescribed by the Council and exercise powers
consistent with the Council-Manager form of government; providing for
the title of the referendum ballot and explanatory statement; providing for
advertising; providing for codification; providing for conflicts; providing
for severability; and providing for an effective date.
b. (Pa�e 256) Ordinance 44, 2002 — Submitting to Referendum an
Amendment to Article VI of the City's Charter. An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article VI of the City Charter,
"Administration as Council-Manager Form of Government," by amending
Section 6-2, "City attorney," to allow the City Manger to hire the City
attorney and determine the City Attorney's compensation and benefits and
to clarify that the City Council or the City Manger may hire additional
Special Counsel to serve as Legal Advisors; providing for the title of the
referendum ballot and explanatory statement; providing for advertising;
providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
c. (Pa�e 267) Ordinance 45, 2002 — Submitting to Referendum an
Amendment to Article VII of the City's Charter. An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article VII of the City Charter, "Merit
Systein," by amending Section 7-2, "Personnel Systein," to allow the City
Manager to adopt, regulate and maintain a personnel system and to
remove the requirement that the personnel system be adopted by
ordinance; providing for the title of the referendum ballot and explanatory
statement; providing for advertising; providing for codification; providing
for conflicts; providing for severability; and providing for an effective
date.
d. (Pa�e 277) Ordinance 46, 2002 — Submitting to Referendum an
Amendment to Article VIII of the City Charter. An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article VIII of the City Charter,
"Department Heads," by deleting Section 8-1, "Salary, Duties, Powers and
Complaint," as unnecessary and obsolete; providing for the title of the
referendum ballot and explanatory statement; providing for advertising;
providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
e. (Pa�e 288) Ordinance 47, 2002 Submitting to Referendum an Amendment
to Article IX of the City's Charter. An ordinance of the City Council of
the City of Palm Beach Gardens, Florida, submitting to referendum an
amendment to Article IX of the City Charter, "Appointment, Powers and
Duties of City Officers," by amending Section 9-1, "Powers and Duties of
the Mayor," to delete any reference to the "Chief Executive Officer" and
to clarify the Mayor's duties consistent with the Council-Manager form of
Government; providing for the title of the referendum ballot and
explanatory statement; providing for advertising; providing for
codification; providing for conflicts; providing for severability; and
providing for an effective date.
£ (Pa�e 299) Ordinance 48, 2002 — Submitting to Referendum an
Amendment to Article XVIII to the City's Charter. An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, submitting to
referendum an amendment to Article XVIII of the City Charter,
"Ordinances and Resolutions," by deleting section 18-1, "Meeting and
Procedure of City Council," and Section 18-4, "Posting or Publication of
Ordinances," as obsolete and inconsistent with Florida Statutes and
renumbering the remaining provisions of Chapter XVIII; providing for the
title of the referendum ballot and explanatory statement; providing for
advertising; providing for codification; providing for conflicts; providing
for severability; and providing for an effective date.
g. (Pa�e 311) Ordinance 50, 2002 - Extension of Build Out Dates for
Development Orders. An ordinance of the City Council of the City of
Palm Beach Gardens, Florida, Extending the Expiration Dates for
Approved Development Orders for Planned Unit Developments, Parcels
within Planned Community Districts and Site Plans expiring in 2002 and
2003 to December 31, 2004: providing for conflicts; providing for
severability; and providing for an effective date.
XIL ITEMS FOR COUNCIL ACTION:
XIIL ITEMS FOR DISCUSSION:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
In accoNdance tivith the Ame�icans tivith Disabilities Act and FZoNida .S'tatute 86.26,
peNSOns tivith disabilities needing special accommodations to paNticipate in this
pNOCeeding should contact the City CZeNk's DepaNtment, no ZateN than 5 days pNioN to
the pNOCeeding at telephone numbeN (561) 799-4120 foN assistance; if heaNing
impaiNed, telephone the FZoNida Relay .S'e�vice NumbeNS (800) 955-8771 (TDD) oN (800)
955-8700 (T�OICE), foN assistance. If a peNSOn decides to appeal any decision made by
the Council, tivith Nespect to any matteN consideNed at such meeting oN heaNing, they tivill
need a NecoNd of the pNOCeedings, and foN such puNpose, they may need to ensuNe that a
veNbatim NecoNd of the pNOCeedings is made, tivhich NecoNd includes the testimony and
evidence upon tivhich the appeal is to be basec�
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Attorney / Client Session.
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
WORKSHOP MEETING
November 7, 2002
The November 7, 2002 Workshop Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida.
ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in
attendance: Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and
Councilmember Delgado. Mayor Jablin was absent from the meeting due to illness.
ITEMS FOR DISCUSSION:
LaRue Management — Charter Review/Referendum — Mr. Jim LaRue explained that some_charter
changes would be by referendum and others would be administrative changes. City Attorney Len
Rubin explained that items adopted by referendum could only be changed by referendum, and in
1996 several items had been adopted by referendum. Mr. LaRue indicated that staff had
recommended changes to the boundaries of the city so the legal description would not be required,
reviewed recommended changes to the City Manager section, including placing the City Engineer
position under the City Manager. Mr. LaRue referred to a matrix which included items such as the
manager executing contracts; department heads appointed and removed by the manager; and
residency requirement for the manager. Mr. LaRue noted that it was suggested to change "appoinY'
to "hire" in the attorney section. A revision was proposed to make clear that the personnel
department was under the City Manager. Obsolete language in Section One was proposed to be
deleted. Compensation of Mayor and Councilmembers was changed to a different section. Powers
and duties of the Mayor were clarified. Powers and duties of the City Clerk were reviewed. Powers
and duties of the City Treasurer was to be removed since it was obsolete language. Circumstances
under which removal of a Councilperson could take place were vague and the City Attorney
indicated he would suggest more specific items. Mr. LaRue commented the language regarding an
incumbent officer turning over records to a successor and creation of officers was obsolete.
Language regarding bonds by City employees was also antiquated. The election section would be
deleted because elections were governed by Florida statutes. Councilmember Clark requested it be
verified that a voter in City elections must reside in the City. Regulations for ordinances were
covered by Florida statutes. Mr. LaRue pointed out that qualifications of electors was obsolete
language that would be removed. Ordinances and resolutions items were reviewed. The City
Attorney reviewed other recommendations not covered by Mr. LaRue, some of which were governed
by statute. Councilmember Russo indicated he opposed term limits, districting, direct election ofthe
Mayor, or strong Mayor form of government. The City Attorney indicated those items were
discussed except having a separate election for the Mayor, and all those things would have to go to
referendum. Councilmember Clark disageed regarding term limits. It was noted that all items
requiring referendum had been discussed; remaining items could be changed by ordinance.
Suggested recommendation was for Board appointments to be made upon staff recommendation.
Councilmember Russo requested the cost and need for current advisory boards be reviewed. The role
of Council liaison to advisory boards was discussed and Mr. LaRue recommended one
Councilmember not have more information than the others. Some members of the Council indicated
they did not believe Council liaisons were necessary. Councilmember Russo suggested evaluating
the reason for specific advisory boards and indicated he believed liaisons were important. Other
language in reference to boards and suggestions for changes were discussed. Transfers between
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/7/02
funds were discussed. Deletions such as design/build were noted. The City Attorney indicated at the
next meeting an ordinance covering the changes would be presented and any specific problems
debated at that time. Vice Mayor Sabatello read an announcement at the request of the City Clerk
that "Charter changes will be placed on the March 2003 referendum. The Supervisor of Elections
office will meet with the city clerks in December to identify and do ballot wording. The ordinance
will be placed under public hearing and must be done consecutively. Staff will bring the ordinance
to City Council at a future date." The City Manager noted salary items had not been discussed;
recommendation had been to adjust Councilmembers' salaries to $15,000 per year and in order to
keep those salaries from falling behind from year to year to utilize the same cost of living increases
given employees, and to allow Councilmembers to purchase health insurance at the rate given to City
retirees upon leaving office after serving one full term. Discussion ensued regarding an additional
stipend for other items, and whether to give the Mayor a higher salary than other Councilmembers.
It was agreed to further discuss this item at the time the ordinance was presented.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at approximately 6:40 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
ATTEST:
PATRICIA SNIDER
CITY CLERK
�A
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 7, 2002
The November 7, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 7:08 P.M. in the Council Chambers of the Municipal Complex,
located at 10500 North Military Trail, Palm Beach Gardens, Florida.
ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in
attendance: Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and
Councilmember Delgado. Mayor Jablin was absent from the meeting due to illness.
ADDITIONS, DELETIONS, AND MODIFICATIONS: The City Clerk was requested to place
Termination of Watterson, Hyland contract at the end of the next agenda when a full Council would
be present. Councilmember Clark made a motion to accept the following additions, deletions, and
modifications and to reorder the agenda accordingly: ADDITION: Resolution 200, 2002 Alta Pines
Subdivision Plat. DELETION: Resolution 196, 2002. Declaring the results of the City Referendum.
MODIFICATIONS: (1) Move Police Department 3rd Quarter Report under Items for Council
Discussion. (2) Delete condition # 4 in Section 3 of Resolution 190, 2002. (3) Extend Resolution
167, 2002. BallenIsles Sales Center. (4) Continue Resolution 141, 2002 and Ordinance 33, 2002.
BallenIsles North Golf Maintenance Facility and Ba1lenIsles PCD Amendment respectively.
Councilmember Russo seconded the motion, which carried by unanimous 4-0 vote.
ANNOUNCEMENTS / PRESENTATIONS:
Northern Area Mutual Aid Consortium (NAMAC) - Police Department Major Robert Artola
provided background on NAMAC, described changes made since September 1 l, 2001, and gave an
update on plans for the future. Councilmember Russo requested that the cost benefit be equally
spread among the cities involved. Major Artola explained that the City would use specialized
equipment owned by other cities,
Chess Federation — Kathleen Stubbolo, Economic Development Manager, announced that the U. S.
Chess Federation planned to move their corporate headquarters from New Windsor, New York, by
December 2003 and were considering three locations, one of which was Palm Beach Gardens. Ms.
Stubbolo explained the economic benefits to the City and requested Council support. Joel Channing,
Channing Corporation, introduced Bob Smith, Director of U. S. Chess Federation and former
president of the Federation, who detailed benefits to the City.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilmember Delgado congratulated Senator Jeff Atwater on his election. Councilmember
Delgado reported the annual installation for the new Board of the League of Cities would be held in
BallenIsles and that a golf tournament would take place, and at a recent meeting a presentation had
been made regarding school boundaries. Councilmember Clark reported the Beautification and
Environmental Committee had retained a photographer to take photos of environmental areas within
the City for their brochure. Councilmember Clark reported the Intergovernmental Issues Forum had
met and had heard an update on the school construction program. Councilmember Russo reported he
had attended the Honda Classic Local Organizing Committee meeting and names of sponsors for ads
needed to be obtained. Councilmember Russo commended staff for doing a great job on putting
together events such as the recent art event. Vice Mayor Sabatello requested the City support one
lane at the turnpike toll plaza to be designated for Sunpass. Councilmember Russo commented two
lanes were being closed, which was adversely affecting traffic. Councilmember Clark indicated he
would bring this issue up at the next MPO meeting.
• CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/7/02 2
CITY MANAGER REPORT:
Presentation of Traffic Performance Standards – Attorney John Corbit, Corbit and White, reported
his firm was general counsel for Palm Beach County League of Cities and monitored traffic
performance standards on behalf of the League. Attorney Corbit provided a presentation on recent
and proposed changes to the traffic performance standards ordinance.
PGA Boulevard CRALLS Studv – City Engineer Dan Clark provided a presentation on the
methodology used for the new study, and requested City Council direction to request County support
to include exits and interchanges at Central Boulevard and Northlake Boulevard into the City's
numbers to relieve congestion on links west of I-95. Direction was granted by consensus.
Timeline/Schedule for RFP Le�al Services - City Manager Ron Ferris provided an overview to look
at firms or individuals to provide contractual legal services. Direction was granted by consensus to
proceed immediately with the RFP. Attorney Len Rubin clarified that the firm of Watterson &
Hyland did not plan to respond to the RFP.
Grant Applications Report – Tracy Rundel, Grants Coordinator, provided a report on current
grant applications for stormwater improvements and roadway improvements.
COMMENTS FROM THE PUBLIC:
Carol Estrada, 309 Riverside Drive, reported Congress Avenue might not be extended for five years,
which would increase traffic on MacArthur Boulevard and Lighthouse Drive; that North Palm Beach
had traffic concerns; reported she had stopped an 18-wheeler from crossing the bridge on MacArthur
Boulevard; and requested help with the traffic. The City Manager reported residents had not agreed
with the proposed traffic solutions and funding was an issue, and that the Blue Ribbon Committee
would be undertaking the issue of funding for traffic calming solutions. Councilmember Clark
indicated the property at MacArthur and Northlake was under consideration to be placed on a
proposed recreation bond referendum to bring it into the City and letters had been sent to the County
to request acceleration of the extension of Congress Avenue. Councilmember Clark indicated that
North Palm Beach had concerns that Richard Road would have too much traffic when the extension
went through and that issue also needed to be solved. The City Manager advised residents to call
the Police Department in future traffic situations. Ms. Estrada commented that the traffic backed up
at the turnpike toll plaza because of the electronic gates.
Joan Elias, 1009 Diamond Head Way, thanked the City Council and staff for the wonderful party for
volunteers.
Tom DeRita, 5770 Whirlaway Road - Mr. DeRita reported that the Big Heart Brigade last year fed
13,000 families-5,000 of which were from the Palm Beach Gardens Fire Department. There were
6,500 orders for Palm Beach Gardens for this year and 20,000 total families were expected to be fed.
Mr. DeRita requested donations to help pay for the meals.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the Consent Agenda with the exception of item (j)
since the election results on the annexation had not yet been certified. Councilmember Delgado
seconded the motion. Councilmember Russo asked that presentations be made for Art in Public
Places proposals in the future. Motion carried by unanimous 4-0 Vote. The following items were
approved:
a. Consideration of approving Minutes from the October 3, 2002 regular City Council Meeting.
b. Consideration of approving Minutes from the October 17, 2002 regular City Council
Meeting.
c. Resolution 194, 2002 – St. Marks Episcopal School Art in Public Places. Consideration for
approval of the Art in Public Places proposal for St. Mark's Episcopal School Athletic
Facility.
d. Resolution 166, 2002 – Maintenance contract with Bell South for Cisco 6509 Switch.
Consideration for approving an agreement with Bell South for the maintenance of the City's
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/7/02 3
Cisco 6509 Data Communications Switch by "Piggybacking" State Contract No. 250-000-
03-1.
e. Resolution 197, 2002 — Contract with D.S. Eakins, Inc. for Stormwater Improvements to Plat
4 aka/Gardens Woods. Consideration of awarding a"Piggyback" contract for Stormwater
Drainage Construction Services to D.S. Eakins Construction Corporation, (City Project No.
2002-010).
f. Resolution 191, 2002 — Formal Adoption of Storm Water Plan. Consideration of adopting
the Stormwater Management Plan dated January 2002 prepared by LBFH, Inc.
g. Resolution 199, 2002 — SEIU Contract. Consideration for approval and ratification of
amendments to the agreement between the National Conference of Firemen and Oilers
(NCF&O, SEIU) and the City of Palm Beach Gardens for the fiscal year 2002-2003.
h. Resolution 195, 2002 - Purchase of two Transport Rescue Units (Fire Rescue). Consideration
of approving the "Piggyback" purchase of two transport rescue units.
i. Resolution 198, 2002 — Approve proposal from LBF&H for Engineering Services related to
the construction of Fire Station No. 5 in Frenchman's Reserve. Consideration for accepting a
proposal with LBFH, Inc. for engineering services related to the construction of Fire/Police
Station No. 5(City Project No. 2002-009).
k. Resolution 200, 2002 — Alta Pines Subdivision Plat. Consideration for approving Alta Pines
Subdivision Plat.
PUBLIC HEARINGS:
Ordinance 40, 2002 — Magnolia Bay PUD Parcel 4.07A -- An ordinance of the City Council of the
City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of
an approximately 89.03-acre parcel of land from Planned Development Area (PDA) to Planned Unit
Development Overlay Zoning District (PUD) with an Underlying Residential Low (RL-3) zoning, to
be known as "Magnolia Bay," by approving the construction of 99 single-family dwelling units, 88
duplex units, and associated amenities, located on the northwest corner of Military Trail and Hood
Road, as more particularly described herein; providing for waivers; providing for conditions of
approval; providing for severability; providing for conflicts; and providing for an effective date — for
consideration of second reading. Vice Mayor Sabatello declared the public hearing open, held on the
intent of Ordinance 40, 2002. Growth Management Administrator Charles Wu presented an update
of the project since the last presentation. Rick Greene, DiVosta & Company, also provided
comments. Councilmember Russo and Councilmember Clark reported they had met with the
petitioner. Councilmember Clark requested egress to both Central Boulevard and Military Trail.
The petitioner indicated an emergency egess could be installed. Linda Hughey, Reed Drive,
reported Chief Bergel had told her there was an emergency outlet on the plans; however, that was
clarified to be a canal. Ms. Hughey expressed her opinion that there should be a second
ingress/egress. Hearing no further comments from the public, Vice Mayor Sabatello declared the
public hearing closed. The City Attorney commented a condition could be added to add an
emergency exit with a Knox box. Councilmember Clark made a motion to place Ordinance 40, 2002
on second reading by title only and to approve Ordinance 40, 2002 with the additional condition read
into the record by the City Attorney. Councilmember Russo seconded the motion, which carried by
unanimous 4-0 Vote. The City Clerk read Ordinance 40, 2002 on second reading by title only.
Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation of Retail - An ordinance of the City
Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the
Oakbrook Syuare Shopping Center Planned Unit Development (PUD) by adding a new 6,000 square-
foot retail building alongside U.S. Highway One and renovating the existing buildings, located at the
northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described herein;
providing for waivers; providing for conditions of approval; providing for conflicts; providing for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/7/02 4
severability; and providing for an effective date — far consideration of second reading. Planner
Jackie Holloman provided an update on the project since the last presentation. Councilmember
Clark declared the public hearing open, held on the intent of Ordinance 37, 2002. Bruce Arthur,
representative for the petitioner, reviewed the project. Patrick McPoland, North Palm Beach, stated
he Iived across the street from Oakbrook Square, noted other cities were establishing a downtown
area along U.S. Highway One, suggested Palm Beach Gardens was missing an opportunity to make
this a mini City Center, and commented Oakbrook Square was only a strip shopping center.
Discussion ensued. There were no further comments from the public. Consensus of the City Council
was to allow the applicant more time to work on the plans. Councilmember Clark made a motion to
continue the public hearing for Ordinance 37, 2002 to December 5, 2002. Councilmember Delgado
seconded the motion, which carried by unanimous 4-0 Vote.
Ordinance 28, 2002 - Residential Mixed-Use Intensity Measures and Special Definitions -An
ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an
amendment of Section 78-157, "Mixed Use Planned Unit Development Overlay District," of Article
IV "Zoning Districts," of Chapter 78 "Land Development," of the City Code of Ordinances by
amending the requirement for minimum vertical integration of residential use within a residential
mixed-use development; providing for codification; providing for severability; providing for
conflicts; and providing for an effective date — for consideration of second reading. Growth
Management Administrator Charles Wu presented the proposed amendment. Vice Mayor Sabatello
declared the public hearing open, held on the intent of Ordinance 28, 2002. Hearing no comments
from the public, Vice Mayor Sabatello declared the public hearing closed. Councilmember Clark
made a motion to place Ordinance 28, 2002 on second reading and to approve Ordinance 28, 2002.
Councilmember Delgado seconded the motion, which camed by unanimous 4-0 Vote. T'he City
Clerk read Ordinance 28, 2002 on second reading by title only.
RESOLUTIONS:
Resolution 190, 2002 — Parcel 27.05/.06 Replace Retail with General Office Space. Consideration
for the approval of an amendment to a previously approved site plan for Parce127.05/.06 within the
Regional Center Development of Regional Impact to allow the replacement of a 25,000 square-foot,
one-story retail building with one 26,000 square-foot two-story office building and one 9,989 square-
foot single-story office building. Planner Jackie Holloman presented the request. Ryan Johnston
and Kenneth Blair, Catalfumo Construction Company, spoke on behalf of the applicant. Direction to
the applicant was to work on the project and return on December 5, 2002.
Resolution 189, 2002 - Military Trail Grant. Consideration for a limited fifty/fifty matching grant for
the single family homeowners who own properties abutting the east side of Military Trail, between
Northlake Boulevard and PGA Boulevard. Growth Management Administrator Charles Wu
described the grant parameters. Councilmember Clark moved approval of Resolution 189, 2002.
Councilmember Delgado seconded the motion, which carried by unanimous 4-0 Vote.
ORDINANCES:
Ordinance 41, 2002 — Waste Management Franchise Ageement Amendment. An ordinance of the
City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 1, 2000 by amending
the Franchise Ageement for Solid Waste, Recycling and Vegetative Collection Services with Waste
Management Inc. of Florida to provide for the proration of disposal credits for newly constructed
residential units; providing for severability; providing for conflicts; and providing for an effective
date. Jeff Sabin, Waste Management, provided an overview. Councilmember Clark made a motion
to place Ordinance 41, 2002 on first reading by title only. Councilmember Delgado seconded the
motion, which carried by unanimous 4-0 Vote. The City Clerk read Ordinance 41, 2002 on first
reading by title only.
ITEMS FOR DISCUSSION:
Police Department 3rd Quarter Report — Police Chief FitzGerald reported an overall decrease in
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/7/02
crime, described a new drug overdose program, and provided details on various types of crimes.
CITY ATTORNEY REPORT:
The City Attorney reported that the Fourth District Court of Appeals had denied Mr. Vavrus' last
appeal from code enforcement fines, estimated at $750,000; and requested an attorney-client session
to discuss pending items. The City CounciI agreed to allow an attorney-client session to be
scheduled.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at approximately 10:36 p.m.
APPROVAL:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
ATTEST:
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 25, 2002
Meeting Date: December 5, 2002
Resolution: 173, 2002
Subject/Agenda Item: Gables at Northlake Subdivision Plat
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
(Total)
City Attorney [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [ ] Other
Submitted by:
� C � [ ] Not Required
Sean C. Donahue, P.E.
Assistant Ciry Engineer
rtment Director Affected parties Budget Acct.#:
��1/�
Appro by� [ ] Notified [ ] None
��
City Manager [ ] Not required
INC.
CONSULTTNG QVIL ENGINEERS,
SiJfZVEYORS &MAPPERS
QVIL
AGRICCJLTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
"Paxtners For Results
Value ByDesign"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(5b1) 286-3883
F� (561) 286-3925
www.lbfh.com
TO:
FROM:
DATE:
MEMORAND UM
Patricia Snider-City Clerk
Sean C. Donahue, PE
November 25, 2002
FILE NO. 99-4088
SUBJECT: Gables at Northlake Subdivision Plat
We have completed our review of the plat for the referenced project prepared by
Shah, Drotos & Associates, Inc. The plat was reviewed for technical compliance
with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens
requirements. We have no other engineering concerns with this plat. Therefore,
we recommend its approval.
SCD/
P:IPBGMEMO\4088\4088zk.doc
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 173, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING THE GABLES AT
NORTHLAKE PLAT AND, PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the Gables at Northlake Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all the technical
requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends
the approval of the plat; and
WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and
WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of
the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and
correct and is hereby made a specific part of this Resolution.
SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar
of the Gables at Northlake Plat consisting of six (6) sheets dated March 2002, prepared by Shah,
Drotos & Associates, Inc., attached hereto as Exhibit "A."
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
-1-
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: November 25, 2002
Meeting Date: December 5, 2002
Resolution: 173, 2002
EXHIBIT A
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 1, 2002
Meeting Date: December 5, 2002
Resolution:205,2002
Subject/Agenda Item: Resolution 205,2002
Recommendation to City Council: A City initiated request to hold a Green Market to be
known as "A Taste of the Gardens" located on City-owned property adjacent to City Hall for
more than 10 days as approved by Code.
[ X ] Recommendation to APPROVE
� � Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
Community Services (Total)
Sheryl Stewart Recreation Division
st. to Ci ager Charlotte Presensky,
Recrea � n Director
Allan O ens
Finance A m trator
City Attorney [ ] Approved
Leonard Rubi esq.
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Cultural Arts
Date: [ X ] Operating Attachments:
Paper: [ ] Other • Special Events
Permit
Submitted by:
[ X ] Not Required
Recreation Director
Charlotte Presensky
Department Director Affected parties Budget Acct.#:
Appr by: Notified [ ] None
City Manager [ X] Not required
Date Prepared: November 1, 2002
Resolution 205, 2002
Page 1
RESOLUTION 205, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING OF THE
APPROVAL OF A SPECIAL EVENT FOR A CITY OPERATED
GREEN MARKET TYPE PROGRAM TO BE KNOWN AS THE
TASTE OF THE GARDENS, TO EXCEED THE PERMITTED
DURATION TIME IN ACCORDANCE WITH SECTION 78-187
OF THE CITY CODE PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received a request for approval of a special event
permit from the City of Palm Beach Gardens Community Services Department/Recreation
Division to provide for events related to the production of the "Taste of the Gardens" on Sundays
from 9:OOam to 1:OOpm running from January 5, 2003 until Apri16, 2003, and located on City-
owned property, adjacent to City Hall, more particularly described herein; and
WHEREAS, Section 78-187 in the Land Development Code (c), "Duration", allows the City
Council to approve a special event that exceeds ten days; and
WHEREAS, the Growth Management Department, the Police Department, the Fire Department,
Risk Management, Public Works, Building, and Parks and Recreation have reviewed said request
for a special event permit and determined that is sufficient; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of
the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the
request for a special event permit from the City of Palm Beach Gardens Community Services
Department/Recreation Division to provide for events related to the production of the "Taste of
the Gardens" on Sundays from 9:OOam to 1:OOpm running from January 5, 2003 until April 6,
2003,and located on City-owned properiy, adjacent to City Hall to exceed the permitted duration
time in accordance with Section 78-187 of the City Code.
Resolution 205, 2002
Date Prepared: November 1, 2002
Page 2
SECTION 3. Said approval shall be consistent with all documents submitted with the special
events permit application, as described in Exhibit "A" attached here to and incorporated herein.
SECTION 4: Said approval shall be subject to the following conditions, which shall be binding
on the applicant, its successors and assigns:
1. All city ordinances, rules or regulations applicable to the use shall be observed herein
(Planning and Zoning).
2. Prior to the issuance of the Special Event permit, the applicant shall submit a detailed
"statement of use" for the event listed on the schedule, including, but not limited to, the
expected attendance, any additional equipment being used, planned activities, bands (s) and/or
other musical operations, security, utilities, and use of generators (Planning and Zoning).
3. The site areas shall be cleaned up within one (1) calendar day following each event occurring,
and in all respects restored to its former condition (Planning and Zoning).
SECTION 5. If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 6. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 7. This Resolution shall be effective upon adoption.
PASSED, ADOPTED AND APPROVED this 5`" DAY OF DECEMBER 2002.
MAYOR JABLIN
�
ATTEST:
PARTICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as
to form.
LEONARD RUBIN, CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
Resolution 205, 2002
Date Prepared: November 1, 2002
Page 3
AYE NAY ABSENT
�
Resolution 205, 2002
Date Prepared: November 1, 2002
Page 4
EXHIBIT "A"
(See nextpage attached)
4
THE CITY OF PALM BEACH GARDENS
SPECIAL EVENT PERMIT APPLICATION
ApplicantName Community Services Date November 21, 2002
Recreation Division
ApplicantAddress 4404 Burns Road, Palm Beach Gardens, FL 33410
Applicant Phone Number 5 61- 7 7 5- 8 2 7 0 FAX 5 61- 6 5 6- 2 4 31
Organization/Group Represented City of Palm Beach Gardens Recreation Division
Organization/Group Contact Person(person responsible for event) Christy Wolnewitg
Organization/GroupAddress 4404 Burns Road, Palm Beach Gardens, FL 33410
Organization/Group Phone Number 7 7 5- 8 2 7 0 Check one: Profit X Nonprofit
*Attach letter of authorization from property owner if applicant is other than property owner.
Name of Event Taste of the Gardens Expected Attendance 500
LocationofEvent Property behind Fire Station 1
Event Date(s) Sundays January 5, 2003 Event Times 9am - lpm
April 6, 2003
Purpose of Event
Provide a description of the event, including event activities, vendors, temporary signs or
banners, tents, entertainment, temporary structures, waste removal, sanitary facilities, etc.*
Green Market, live music, food and craft vendor. Tents
*Attach site plan indicating location of event, activities, size and location of signs, sign content,
alcohol sale and consumption, vendors, etc. Note: Balloons are not permitted by City Codes.
See 'A�.
Indicate which of the following activities you are requesting in conjunction with this application.
Specify number for each, where applicable.
Retail Vendors* Alcohol Sale/Consumption*** Tents
Food Vendars** Cookout Areas Signs or Banners
Entertainment (or other) Food Service
Sign Content
*Provide list of retail vendors and attach copies of Occupational Licenses or license numbers. See ' A' .
**Provide a list of food vendors, License numbers, and types of food proposed. See ' A' .
***Attach copy of permit from State of Florida Liquor Board. - N/A
*'P,' To be provided weekly to Growth Management.....
Do you request Police Department Services?
Do you request Fire Department Services?
Do attachments include: Liability Bond
_Yes _�No
Yes �No
__ Certificate of Insurance?
I hereby certify that I/we will be responsible for the preservation, sanitation and clean up of the
areas used for the Special Event. Additionally, I/we will comply with all other City regulations.
I/we certify that there are no misrepresentations, omissions, or falsifications in the foregoing
statements and answers. �
Signature /t�f � �•
Special Event Pertnit Fee:
Non-Profit Organization:
Date %f '�
PERMIT FEE STRUCTURE
$50.00 per day
No fee assessed upon proof of non-profit status.
Make checks payable to the City of Palm Beach Gardens.
Send application to:
City Manager's Office
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410-4698
Site plan/map
Property owner approval
Permit (sale of alcohol)
Certificate of Insurance
Liability Insurance
Checklist of Attachments
Occupational licenses(s)
List of vendors with license numbers
Food service vendors with license numbers
Parade information
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 12, 2002
Meeting Date: December 5, 2002
Resolution 214, 2002
SubjectlAgenda Item: Resolution 214, 2002, authorizing the Mayor and City Clerk to
execute Amendment #2 to a financial assistance agreement with Palm Beach County
which allows the City to be reimbursed for funding the preparation of streetscape
plans for Northlake Boulevard between Military Trail and U.S. Highway One.
[X] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ -0- Council Action:
(Total)
ity Attorney Finance [ ] Approved
�� ,�ilJ�. $ -0- ( ]Approved w/
Growth IC/lana�ment Current FY conditions
Administrator
[ ] Denied
Fin ce Administrator
��Advertised: Funding Source: [] Continued to:
D
Date: [ ] Operating Attachments:
Paper: [] Other . Resolution 214, 2002
Submitted by:
Stacy Rundle [X] Not Required
Grants/Contracts
Administrator
Affected parties Budget Acct.#:
Approve by: [ ] Notified [ ] None
City Manager [ ] Not required
Date Prepared: November 12, 2002
Meeting Date: December 5, 2002
Resolution 214, 2002
BACKGROUND:
On February 15, 2001, the City and County entered into a financial assistance agreement to provide
for the funding of streetscape plans for Northlake Boulevard from Military Trail to U.S. Highway One
as part of the Northlake Boulevard Task Force project. This agreement was subsequently amended
(Amendment #1) to extend the deadline for completion of the plans to September 30, 2002. For
various reasons, including the involvement of multiple jurisdictions, the firm designing the
streetscape, Michael Redd & Associates, P.A., was not able to complete the plans by September
30, 2002.
In light of this, the County has drawn up Amendment #2 to this agreement, which will extend the
completion date for the plans until September 30, 2003 in order to avoid the need for further
extensions. The agreement sti11 provides for reimbursement to the City from the County for this work
(the streetscape plans) in an amount not to exceed $312,585.50.
RECOMMENDATION:
Staff recommends approval of Resolution 214, 2002 as presented.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 214, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AMENDMENT #2 TO A FINANCIAL ASSISTANCE
AGREEMENT WITH PALM BEACH COUNTY WHICH ALLOWS THE
CITY TO BE REIMBURSED FOR FUNDING THE PREPARATION OF
STREETSCAPE PLANS FOR NORTHLAKE BOULEVARD BETWEEN
MILITARY TRAIL AND U.S. HIGHWAY ONE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens has agreed to administer an agreement for the
preparation of streetscape plans for Northlake Boulevard on behalf of the Northlake Boulevard
Corridor Task Force; and
WHEREAS, Palm Beach County has agreed to reimburse the City for all expenditures made by the
City on behalf of the Task Force; and
WHEREAS, a financial assistance agreement between Palm Beach County and the City of Palm
Beach Gardens was executed on February 15, 2001; and
WHEREAS, said financial assistance agreement was amended on August 20, 2002 to extend the
original deadline for completion of the streetscape plans from May 2002 to September 2002; and
WHEREAS, both the City and the County now desire to extend that deadline to September 2003;
and
WHEREAS, the City Council has deemed adoption of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the attached
amendment (#2) to a Financial Assistance Agreement with Palm Beach County dated February 15,
2001, attached hereto as Exhibit "A" and incorporated herein, and authorizes the Mayor and City
Clerk to execute the attached amendment for and on behalf of the City of Palm Beach Gardens. The
agreement is to reimburse the City for funding an agreement with Michael Redd and Associates, on
behalf of the Northlake Boulevard Corridor Task Force, for the preparation of streetscape plans for
Northlake Boulevard. The amendment extends the deadline to complete the streetscape plans to
September 2003.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall take effect upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
Date Prepared: November 12, 2002
Meeting Date: December 5, 2002
Resolution 214, 2002
EXHIBIT A
�tiACli C
�' OG2
� ., �
\ OR19/
Department of Engineering
and Public Works
P.O. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov.com
■
Palm Beach County
Board of County
Commissioners
Warren H. Newell, Chairman
Carol A. Roberts, Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony Masilo[ti
Addie L. Greene
County Administrator
Robert Weisman
"An Equaf Opporiunity
Affirmative Action Employer"
� printed on recyc%d pape�
November 6, 2002
Ms. Stacy Rundle
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410-4698
RE: Amendment to Financial Assistance Agreement (R2001-0237)
between Palm Beach County and Palm Beach Gardens,
representing the Northlake Task Force, for the final design of
beautification improvements on and along Northlake Boulevard
from Military Trail to U.S. Highway 1.
Dear Ms. Rundle:
Enclosed are finro originals of Amendment # 2 to the Financial Assistance
Agreement for the subject location. We have structured this amendment to
extend the completion date to September 30, 2003, in order to avoid the
need forfurther extensions. Please have both originals executed bythe City
officials designated and then return both originals to me so this item can go
before the County Commission for final execution. Foliowing that approval
and the signature of the Chairman, I will return one fully executed original
to you for your records.
Your efforts to enhance the quality of fife in Palm Beach County are
appreciated. If you have any questions, please contact me or Jason Weber
at 684-4100.
Sincerely,
OFFICE OF T COUNTY ENGINEER
' Andrew S. Hertel, AICP
Mana r - Streetscape Section
ASH� W:
Att chments: Two original copies of the Financial Assistance Agreement
pc: G. Haney Frakes, Jr., P.E., Assistant County Engineer
Marlene Everitt, Assistant County Attorney
Richard Farquhar, Administrative Services Division
File: Roads - Northlake Boulevard
General - Landscaping
F:\MEDIAN\JTW\BCC01-02WGR-LTR.PBG N-LAKE AMD-2.WPD
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AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF PALM BEACH GARDENS
(NORTHLAKE TASK FORCE)(MILITARY TRAIL TO U.S. HIGHWAY 1) BEAUTIFICATION
AMENDMENT # 2 TO THE FINANCIAL ASSISTANCE AGREEMENT DATED
AUGUST 20, 2002 FOR THE CITY OF PALM BEACH GARDENS (NORTHLAKE
TASK FORCE)(NORTHLAKE BOULEVARD - MILITARY TRAIL TO US HIGHWAY 1)
BEAUTIFICATION
THIS AMENDMENT is made to the Financial Assistance Agreement
dated February 15, 2001, by and between the CITY OF PALM BEACH
GARDENS, a municipal corporation of the State of Florida,
hereinafter "CITY", and the BOARD OF COUNTY CONIl�3ISSIONERS OF PALM
BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter "COUNTY".
W 2 T N E S S E T H:
WHEREAS, on August 20, 2002, the CITY and the COUNTY amended
a financial agreement (R2001-0237) providing for funding of the
preparation of landscaping plans and specifications, including
irrigation, and associated engineering design and specifications
for necessary related construction, on and adjacent to Northlake
Boulevard from Military Trail to U.S. Highway 1 hereinafter,
"DESIGN"; and
WIiEREAS, the amended financial assistance agreement included
an extended completion date of September 30, 2002; and
WHEREAS, the DESIGN has not been completed due to government
caused delay, and involvement of multiple jurisdictions; and
WHEREAS, the COUNTY believes that such efforts are in the best
interest of the CITY and the COUNTY and therefore wishes to support
that effort by extending the time for providing the reimbursement
contribution for a maximum of THREE HUNDRED TWELVE THOUSAND FIVE
HUNDRED EIGHTY FIVE and 50/100 DOLLARS ($312,585.50) to the CITY
for the design of the improvements; and
NOW, THEREFORE, in consideration of the mutual Covenants,
promises, and agreements herein contained, the parties agree as
follows:
1. The foregoing recitations are true, correct, and are
incorporated herein.
2. The Financial Assistance Agreement dated August 20, 2002,
-1-
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AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF PALM BEACH GARDENS
(NORTHLAKE TASK FORCE)(MILITARY TRAIL TO U.S. HIGHWAY 1) BEAUTIFICATION
by and between the CITY and the COUNTY, is hereby amended to
revise paragraph 9 as follows:
9. The final DESIGN shall be completed by September
30, 2003, and final invoices submitted to the
COUNTY no later than 90 days from receipt of the
final DESIGN plans, and the COUNTY shall have no
obligation to the CITY or any other entity or
person for any cost incurred thereafter.
3. It is the intent of the parties hereto that this AMENDMENT
shall not become binding until the date executed by the Board
of County Commissioners of Palm Beach County.
4. All other provisions of the Financial Assistance Agreement
dated February 15, 2001, shall remain in full force and
effect.
(INTENTIONALLY LEFT BLANK)
-2-
AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF PALM BEACH GARDENS
(NORTHLAKE TASK FORCE)�MILITARY TRAIL TO U.S. HIGHWAY 1) BEAUTIFICATION
1 IN WITI3ES5 WHEREOF, the parties have executed this Agreement
2 and it is effective when executed by the Board of County
3 Commissioners.
4 PALM BEACH COUNrY, FLORIDA, BY CITY OF PALM BEACH GARDENS
5 ITS BOARD OF COUNTY COMMISSIONERS
6 By:
7 WARREN H. NEWELL, CHAIRMAN
8
(COUNTY SEAL)
9 ATTEST:
10 DOROTFIY H. WILKEN, CLERK
11 By:
12 DEPUTY CLERK
13 APPROVED AS TO FORM AND LEGAL
14 SUFFICIENCY
15 By:
16 ASSISTANT COUNTY ATTORNEY
17 APPROVED AS TO TERMS AND
18 COIQDITIONS
By:
MAYOR
ATTEST:
By:
CITY CLERK
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
CITY ATTORNEY
19 By:
F:\2�DIAt7\JTW\HCCO1-02\AGR-PB6 NLAF.B xe�-z.mrn (octover ai, aooal
-3-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 21, 2002
Meeting Date: December 5, 2002
Resolution: 217,2002
Subject/Agenda Item: Resolution 217, 2002 approving a workers' compensation settlement
agreement with employee Alvin Parrish.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: 10 000 Council Action:
(Total)
City Attorney Finance [ ] Approved
$10,000 [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [X] Operating Attachments:
Paper: [ ] Other • Mediation
Agreement
• Resolution 217,
2002
Submitted by:
[ X ] Not Required
Allan Owens
Department Director Affected parties Budget Acct.#:
Appro by: ] Notified 001-0900-519.4500 [] None
City Man ger [] Not required
Date Prepared: November 21, 2002
Meeting Date: December 5, 2002
Resolution: 217, 2002
• BACKGROUND:
Alvin Parrish, a Police Department employee, submitted workers' compensation claims
related to two separate incidents, one in July and one in August, 2001. However, there
was dispute as to whether the August incident was compensable.
A mediation conference was held on October 30, 2002, and an agreement was reached
whereby our insurance carrier at the time, the Florida League of Cities, will pay the
claimant a lump sum of $30,000, out of which the claimant will pay his attorney fee of
$8,000 and $2,000 for costs, netting $20,000. Our coverage with the League provided
for a$10,000 deductible, which represents our total cost in reaching this settlement.
This settlement was negotiated for the purpose of avoiding further costly litigation, and
does not in any way constitute an admission of any wrongdoing on the part of the
City/Carrier/Servicing Agent. In exchange, the claimant has agreed to accept a
complete washout of the workers' compensation claim and releases the City from any
and all workers' compensation claims while employed at the City.
• MISC / OTHER
• STAFF RECOMMENDATION:
Staff recommends a motion to approve Resolution 217, 2002, as presented.
• RESOLUTION:
Attached
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 217, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING A WORKERS'
COMPENSATION SETTLEMENT AND GENERAL RELEASE WITH
ALVIN PARRISH; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Alvin Parish, a police department employee, filed a workers' compensation claim with
the Florida League of Cities; and
WHEREAS, in consideration of the sum of $30,000 and the binding signature of the judge of
compensation claims, Mr. Parrish has agreed to accept a complete washout of the workers'
compensation claim and release the City from any and all workers' compensation claims while
employed at the City; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and
correct and is hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby approves the workers' compensation settlement and general
release with Alvin Parrish.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 4: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 20
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUB1N
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY
OFFICE OF THE JUDGE OF COMPENSATION CLAIMS
DISTRICT " � " '-�So��F11
CLAIM NO: D/A: �� ��3�E�
EMPLOYEE: �• � � Attorney for Claimant:
�� �« I��m�sh
%=,rc .f ci �_ F� C�_s:� � i f-h F.1 � L?s� ,
EMPLOYER: �:.�{„ �� �?��,,,,� �.���.�.h �:.�.���ti� Attorney for Employer/Carrier:
"T
p�v ��� ,�� , s� � �.� � �.� ,�� �� �.
CARRIER: j-jo,��.�i� i�l�n[ccri�!� 1'v�s,.�u��nce irctStl
��C�c(`1C�ct� LECi�UC' c�j Cc�IE.�i
MEDIATION AGREEMENT
A Mediation Conference was conducted on 0��'�d� =3�`, -���?� at
l�`� 00 �? .m. , before Arthur P. Pumpian,. Esquire, and the parties
have reached an agreement as follows:
The parties agree to promptly prepare and submit to the Court
alI documentation required of this agreement, if any, and to
perform all agreed acts.
C�➢
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,
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� '� T a� CCp.vU. ���T+/
v�n ���cn� a�� ��ccn. cc� a�� cc, �, f �-
he.�'�R �ao op , 00
a. � �M��� � SK�J<<«� a��,��- �����,�,���� �-�,t �-� ��.�3io, �«�R�
IS Cev�Dz�Sn��e .
3- �-S ��-+�� vl� � s s e� �e nrz �,"f'� � c (�, : ,n �, n`� �v � ( � �ce� �.:.� a. �r� hc �r, � r�-��,
�{ , -C hz S � 41 o t � ., � ; �.��4- �� rz �`�' csa.t � �-{� �- �n � cc � J�.,n'� �a- i s � :'� o�� �
2�� ��n -�-hs: cv �=-rsP � n�R >���c� �' e� � f Me-t'�'J b::�.`k' wws c�� �'� vz j� c•�
t
�l� (,� ;d .
If this agreement involves a washout (joint petition for
settlement) under 440.20 Florida Statutes, then the parties agree
to prepare all appropriate washout papers for presentation to the
judge of compensation claims for approval. The parties understand
that a washout is not bindzng in the absence of an order of the
judge of compensation claims approving same.
The foregoing Mediation Agreement is stipulated to and agreed
to by the undersigned par� @s in the presence of the undersigned
-� )
� � b� � .3c�
Medi on U� . , 2u0�.
r-
� � /
_-- - ,
CLAI� T/; ' � EMPLOYER CARRIER
i �
�
G � �-;��5� �--
ATTORNEY FOR CLAIMANT A ORNEY FOR EMPLOYER/CARRIER
C1vi-�-iLCv� �-u. .
ARTHUR P. PUMPI , ESQUIRE
MEDIATOR
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
OPFICE OF THE JUDGE OF COMPENSATION CLAI��iS
D[S"I'RIC"T "1"
ALVIN PARRISH,
Claimant,
�y
CITY OF PALM BEACH GARDENS/
FLORIDA MUNICIPAL INS. TRUST/
FLORIDA LEAGUE OF CITIES- �
Employer/Carrier/Servicing Agent,
/
O.ICC Case No.: 01-01 1912WPB
Date of Accident: 07/23/Ol
JUDGE: SHELLY PUNANCY
SETTLEMENT AGREEMENT
This Settlement is entered into between the Employee/Claimant, Alvin Parrish, (hereinafter
"Claima�it") and tlle Employe�/Carrier/Seiviciilg Agent, City of Palm Beadi Cardeus/Florida Municipal
[nsurance Trust/Florida League of Cities, (hereinafter collectively referred to as
"Employer/Cat7�ier/Seivicin� Agent"). Claimant anci Employer/Can-ier/Se�vicin� Agent shall collectively be
referred to as the "Parties".
The Parties, acknowledge that this Settlement Agreement is made for the specific purpose of
discharging the Employer/Canier/Se�vicing Agent fi�om any liability for all past and fiiture bene6ts under
tl�c Flori�la Workers' Compensation Law in erchange Fo►� the payment o��l �llill�)-Slllll Of I]IOCIC}� t0 t�1C
Claimant piirsuant to Fla. Stat. 5440.20(11)(c),(d) &(e)(2001). The Parties, therefore, in consideration
.•
Setllemenl Agr•eentenf
Purrish vs. Cit}� of Pc:lm Betrch Carclens
OJCC Ctzse No.: Ol-0119l2WPB
Pr�g=e -2-
o f the mutuai covenants and promises herein contained and forothergood and valuable consideration, it
is hercby agrced by and between the Parties as fol(ows:
I.
The Claimant for and in consideration of the s�u�� of $29,900.00 paid by or on behalf of the
Employec/Carrier/Servicing Agent, shall relcase and foreverdischarge the Employer/Carrier/Scrvicing
Agent, from anyobligation or liabilityto pay for all benefits of whateverkind, classiFication or nature under
Florida Workers' Compensation Law including but not limited to all past and fiiture medical benefits,
monetarycompensation as contemplated under Floi•ida Statutes �440.15, impairment be�ieFts, death
benefits, attorney's fees, costs, and rehabilitation benefits under Florida Statute �440.49 on account ofthe
industrial accident ofJuly23, 2001, and any other ki�own or unknown wock related injurythat Claimant
may have sustained while employed by the Employer andior their successors, assi�►�s, interests, officers,
directors, employees, agents, shareholders, or any othec person or entity �vho may be responsible or liable
for the actions of the Employer.
lI.
On July 23, 2001, tlie Claitnant, sustained an inj ury by accident as contemplated under FLA.
STATUTE. � 440.02 1 arising out of and in the course and scope of employment �vith the Employer, City
o f Palm Beach Gardens in Palm Beach County, Florida, when he was subduing a suspect wllile working
extradutydctail at Club Safari. On August 9, 2001, the Claimant was involved in an incident while e�iting
��
Sett(enienl Agreenten(
Pnrrish vs. City of Pal»r Ber:ch Gardens
OJCC Cnse No.: O1-0I i9/2WPB
Prrgc -3-
his ��aU-ol vehicle, bul this incident did not constitute an accident �li'ISIII�T OIIL 0�111(� I11 tllC C011l'SC 111CI SCO�C
oCemployment as contemplated under FLA. STATE &444.02 , but �vas actually an activity of daily living.
Claimant represents and affirms that all accidents, injurics and occupational discases known to havc
occurred or have Ueen sustained while employed by the Employer have bcen revealed, buf thSt lIl 111y
evej�t, this Settle3l�ent Agreement releases tl�e Employer/CarricrlServicing Agent from all Workers'
Compensation liability and as such, Claimant bears the risk of arguably related conditions not yet
mani Festcd. It is the intention ofthe Parties to resolve all claims actual orpotential foranyand all accidents
and/o�� injuries, arising out of and in the course and scope of employ�i�ent, in exchange for the monetary
consideration outlined herein.
III.
As fiirther consideration for the making of this Settlement Agreement, in excha��ge for the payment
described in Paragraph I above, it is expressly agreed:
A) That this Settlement Agreement shall operate as a final and binding disposition of
al { disputes arising out of the workers' compensalion accident of J uly 23, 2001, A�►gust 9, 2001 and any
other known or unknown work related injurythat Claimant may have sustained while working for the
Employer.
B} The payment of the consideration recited in Paragraph I above is acknowiedged
to be for the sole plirpose of avoiding further costly litigation and sl�all in no way be construed as an
..
Seltlenrent Ag�•eement
Pcu•ris/t v�•. Ciry ojPalm BencJr Garrle�is
OJCC Ctr.�e No.: 01-01 /9l2WP6
Pnge -4-
adti»ission by the Ei��ployer/Carrier/Scrvicing A�enl of any ui�lawfitl or wrongful acts whatsoevec•.
C) Claimant speciticallyacknowledges that on finalityofthis Settlement Agreement,
rights to all past and future medical care and treatment related or arguably related to the workers'
compensation clain�, whether remedial or palliative in nature, are forever and fully relinquished whether or
not the Claimant's condition has been brought to a state ofmaximum medical impcovement and regardless
of «�hetller Claimant's condition(s) improves or seciously deteriorates for airy reason whatsoever.
D) Claimant understands that he may or n�ay not have reached maximum medical
improvement as a result of the workers' co►npensation injuries alleged herein and that his condition may
approvc or worsen over time. Notwithstanding, Claimant still wishes to settle llis claiill and proceed with
this settlement. Furthermore, the Parties stipulate that reaching maximum medical improvement is not
recluired to settle this Wockers' Compensation claim.
[V.
Pursuatlt to Florida Statute §440.20(11)(c),(d)&(e) this Seltlement Agreement is contingent upon
and rec�uires approval ofthe Judge of Workers' Compcnsation Clai►ns as to the attorney's fees paid to the
Clai�l�ant's attorney by the Claimant herein and wllether there has been an appropriate setoff of any child
support arrearages or awards due, i f any. Once the Jud�e of Compensation Claims enters an Order under
scction 440.20(1 1)(c),(d) &(e) (2001), I�IIS SCttICIllCilt Af.�ICCGIl1Ci11 S�IA�� �C COIIC�USNC�YUIIlCl117f�bE1�L'C�(7
i�1C Pai'�leS.
. ►
�
Se�tlement Ag�•eement
Purrislt vs. Crlj� ofPnlni eench Cru•dens
OJCC Ccrse Na : Ol -0 / l I l 2 WPB
Pnge -S-
This Settlement Agreement shali be deemed for all purposes to have bcen jointlydrafted bythe
Parties. In the event of any dispute hereunder, no party shall be entitled to have any provision construed
more strictly against any other parly. Furthermore, nothing hcrein is designed to preclude any party from
enforcing the tem�s ofthis Setticment A�reement, lhe provisions ofwhich shall be govei7�ed and construed
i n accordance with Florida law. In the event of legal action between the Parties hereto, their successors
or assi�ns, arising out ofor in the cortnection with this Settlement Agreement, the prevai ling party shall be
cntitled to receive reasonable atton�ey's fees, costs and appellate attorney's fecs and cosfs incun-ed in
connectio�l tl�erewith. This Settlement Agreement shall not be subject to modi ficatioil undcr Fla. Stat. §
440.28. ThcvcnueofilllyCaUSCOCC�a1111111SI11�011iOFl�IiSSCllIC111CI1LA�1'CCIl1Ci1lS�1F1��liCI11Pa�I11BCaCII
County, Florida.
V.
Claimant shall be responsible for a��y attonley's fees and/or costs, resulting from or in connection
with this Settlement Agreement, out ofand fi-om the monetaryconsideration Claimant shall receive as a
result of same. Notwithstanding the provision of Florida Statute � 440.34(3)(a-b), the Claimant and not
the Employer/Carrier/Servicing Agent is responsib(e for the pa}nnent ofhis own attorney's fees and costs
bccause the Settlement �vas made under Florida Statute � 440.20(11)(c),(d)&(e)(2001). The Claimant
has bccn rcpresented by Gerald Rosenthal, Esquirc, ofRoscnthal & Wcissman, P.A., ltl COI111�C11011 �Vli�l
this matter who, Claimant agrees is entitled to a fee for legal services rendered. Claimant agrees that
..
Settlen�e»t Agreen:er�t
Parrish vs. City of Palm Beaclt Garde�rs
OJCC Cnse No.: 01-0119/2WPB
Pn,�e -G-
$8,000.00 is a reasonable fee for said services and is within the stahito�yguidelines as set forth byFlorida
Statutes. In addition thereto, the Claimant shall also reimburse Rosenthal & Weissn�an, P.A., $2,000.00
CO{' f1011-Laxable costs. The C{aimant has been informed of a right to a hearing on the amount of the fee
chac�ed by the attorney and hereby �vaives the ri�hl lo such a hearing. By execulion of this Settlement
Agreement, the Claimant and his attorney, holds liarmless the Employer/Carrier/Sei-��icing Agent for any
attorney's fee and cost that maybe ckie and accepts sole responsibility for any fee ancUor cost claimed by
any attorney. In other words, the Claimant agrees that the Employer/Carrier/Servicin� Agent is forevec
discharged from any attoizley's fee and/or cost obligation which relales to the benefits settled in this release.
VI.
Pursuant to Florida Statute 5 440.20(11)(d), the Judge of Compensation Claims must approve
�vllether the settlement allocation provides for the appropriate recovery of child support arrearages, if any.
Accoi•ding to the attached foc-m from the Clerk ofCircuit Court, Child Support Depository, the Claimant
has an outsta�Iding child support arrearage oC $0.00. Tlle Claimant represents and affirn�s to the
EmployerlCarrier/Servicing Agent that tlie Claimant alone is entitled to the settlement fiinds and that there
arc no licns oc claims made upoil these funds by any other party. The Claimant agrces to indemnify and
LO IIOI(I Il�lIl17ICSS lll� Elll(��OyCC�C�1Ci'ICCISC1VICi11f�T Af`,ICIII �O(' �lily a11C{ a�I C��111715, subrogated interesl, or liens
of any thircl parties for claims agau�st tlus settlement or for services to �vhicll the EmployerlCameriServicing
A�cnl �,vas not obligated.
..
Seltlement Agree�nent
Parrish vs. Cilp oJPalnt Beach Garrlens
OJCC Case No.: 0/-0119/2WP8
Page -7-
vii.
In the event the Claimant recovers any proceeds for a third party arising oul of this action, the
Employcr/Carriei;�Servicin� A�ent ret�U11S ILS CI��1lS i0 �ICII 1'Clilll)UI'SCIl1C111(JUI'SUalli l0 F�OI'I(Ia Statutes ti
440.39.
VIII.
Coilciu-rent with the execution of this Settlement Agreement, Claimant shall dismiss with prejudice
any Workers' Compensation claims or Petitions f iled as a result of the alleged accident that occurred on
J uly 23, 2001, Augi�st 9, 2001, and August 3, 2001, and that he will take all reasonable steps to execute
all ilecessary and appropriate documents to effectuate tlle dismissal of those claii��s.
I X.
In reaching this Settlement Agreement, the Parties have considered the present value of all future
���1j�111C111 Of IIIdC(11111t}�bellE�ltS, impaim�ent benefits, medical benefits, �v�d deadl beneGts potentially payable
to the Claimant un�ler the Floritia Workers' Compensation law on account of any accident or occupational
diseases and tlie injuryreferenced herein. Consideration was also given to the possible loss ofsupplemental
be»e('its due under Fla. Stat. § 440.15 and to the ri�ht of the Social Security Admiilistration to offset
disability benefits due under that (aw for workers' compensation benefits payable under State law.
The Claimant is 46 years of age and was born on 12/24/55, and has a li fe expectancy of 25 years
.•
Setllemen! Agreement
Pnrri.sh rs. City of Prrb�r 6enclr Ga���len.r
OJCCCas'c No.: 01-0/l)l2�VPL3
Puge -8-
or 1,300 wceks. When thc net 1w1�p swn paymcnt (less val ue of attorney's Cees, costs and �eneral rclease)
is prorated on a weeklybasis over the Claimant's li fe expectancy, illC Illlll4) Sllt71 IS �C�U�lI LO plylllellt Of
furi�rc benefits at a rate of$15,30 per�veek. This E�criodic cepayment schedule resulis in a substantial loss
to the Ciaimai�t on a consistent basis. Taking that into considet ation, the Partics agree that the weekly
pa}nnents are the same as i f the lump sum pa}nnent o f past and future co►npensation bene f its which reduced
to present value is equal to $9,950.00 (net a��lount less proi ated val ue o f attorney's fees, costs and general
release) and is the same as i f tlle lump sum payment would have been paid to Claimant al $7.65 per week
over his expected li fetime. The same is true for the 1�u1�p sw» pa}m�ent of fiitw-e medical benefits plus
rehaUilitation TTD which, when reduced to present value is equal to $9,950.00 (net amount less prorated
value of attorney's fees, costs and generai release). The Iw»p sum consideration �ivei� for thc sctttement
of fuhire medical benefits and rehabilitation TTD is the same as if the lump sum would have been paid to
the Claimant at a rate of $7.65 per week over 11is expected lifetime. Tlte present value of tlle future
compensation benefits potentially payable on account of the accident or occupational disease referenced
11CCCI11 Was discounted sufficiendy to take into consideration the Employer/Carrier/Se�ti�icing Agent's right
to oC('set compensation benefits due under the Florida Workers' Compensation Act a�ainst beneCits payable
ot� account of totai disability under Chapter 42 United States Code. Therefore, Claimant's weckly rate
should be calcula�ed as follows: $19,900 (net amo�ult less attortley's fees, costs and general release)
divided by 1,300 weeks equals $15.30 per �veek.
AP
Seltlemeiu Agreentenl
PC1YJ'1SII VS. Cllj� af Prtbn f3encli Carde�is
OJCC Case No.: Ol -0/ I 912 GVPB
Page -9-
X.
Again, as stated above, considerable attention has been given to Claimant's entitlement to Social
Secw�ity Disability Benefits pursuant to 42 U.S.C. 5423 and receipt of Medicare benefts untler 42 U.S.C.
� 1395Y as well as the Health Carc Financing Administc ation's Entitlen�ent to Subrogation and L�tervention
Right pucsuant to 42 CPR, subpart (C} ,��'441.46 to recover any ovcr pa}nnent made by Medicace. It is .
not the purpose oft.'nis Settlement Agreement to shi I� to Medicare thc responsibility for pay►nent ofinedical
expe�7ses for the treatment of work related coi�ditions. Instead, tilis Settlement Agreement is intended to
provide Claimant with a lump sum which will foreclose the Employer/Can-ier/Servicing Agent's
responsibility for future pa}nnents of all work related medical expenses. In acceptii�g this, Claimant realizes,
undecstands and agrees that Medicare wi l l�lot pay foc any medical expenses related to tllis work accident
until the medical expenses related to such injuries or disease equal the amount of the lump sum, specifically
ciesi�naled for setllement oCmedical care related to the work accidenl.
Claimant realizes that neither his attomey nor the attomey for the EmployedServicing Agent has
guaranteed tliat Claimant would receive Social Security benefits or Medicare/Medicaid. Claimant
ackno�vledges that thcse attorneys have made no rcpresentalion regarding predicling whether Social
Security Administration awards would occur or continue and �vhat amount he may receive or to anyoffset
�vould occur.
..
Set�lerr�ent Ag�reemerit
Parr•is(� vs. City of Pallrt 6eacli Garcler:s
OJCC Cct.se No.: 0/-0 / l 9/ 2��VPB
Puge - l Q-
X1.
Payment of a lump sum settlement amount as set forlh in Paragraph 1 above shall be made within
fourteen (14) d�lyS �C0111 �IIC (I�1tC Oit�1C OfC�CC �l�(JI"OV111� iI1C �.lUOI'i1Cy's fecs and al location ofchi Id support
a�-�-earages, if any as set forth in Paragraph IV above becomes due without incurring any ic�terest or
pcnalties. `
XII.
The Clai►i�ant understands that he does hereby reli�x�u+sh the ri�ht to have any u��resolved conflicts
or disputes involving the right to monetaiycompensation beneCts, impairment benefits, death benefits,
attorney's Cees, past due medical benefits, future medical benefits acid rehabilitation benefits lleard and
decided bya judge ofcompensation claims. Notwithstanding, nothingherein is designed to preclude any
party fi�om enforcing this Settlement Agreement, the provisions of which shall be constn�ed ai�d governed
in accordance with Florida law. In the event of (egal action between the Parties hereto, their successors
or assi�ns, arising out ofor in connection wit11 this Settlemenl Agreement, the prevailing party shall be
entitled to receive reasonable attorney's fees, costs and appellate attorney's fees and costs incurred in
connection therewith. This Settlement Agreement shall not be subject to modification w�der Fla. Stat. §
440.28. The vcnue of anycause or Claim arising out of this Settlement Agreemenl shall be in Palm Beach
County, Florida.
.•
Seltlenie�rt Agreemenl
Pa�•rish us. City of Palm Beacli Gnrdens
OJCC C'u.se Na: 01-0/l>l2�VP8
Page - l 1-
Xl[I.
The Parties stipulate that in the event that any one section, portion, or part of this Settlement
A�reement be declared oi• detennined by anycourt ofcotnpetent jurisdiction to be fo�u�d invalid, void,
unenforceable oc otheiwise ineffective, same shall not serve lo ilulli fy the remaindcr of the Seltlement
A�reement, the iegality, validityand-iinenforceabilityof the remaining parts, tecros or provisions shall not
be affected thereby, and that such section(s), portion(s), or part(s) sha(l be deemed not to be pact of this
Settlement Agreement. In the event that the Claimant receives money forthat section, portion, orpart of
the Settlement Agreement fotmd to be invalid, void, unenforceablc or otherwise ineffective, the Claimant
shall be liable to repay that sum to the Employer/Carrier/Servicing Agent or alten�atively, the
EmployerlCarrierlServicing Agent at its sole discretion shall be entitled to credit said amount and entitled
to offset said amount against any fuhire benefits, utltil said amount has been paid in fi�ll. The
EmployerlCarrier/5ervicing Agent shall not be responsible for a��y additional benefits until the total amount
has been repaid.
XIV.
Claimant by signing this Settlement Agreement, fullyand forever relinquishes the right to pursue,
scek, or receive all workers' compensatio�l and workcrs' compensation rclated benefits fcom the
Employer/Can-ier/Servicing Agent on the basis ofany cause oFaction accrued to date or which may arise
AP
S'et1lenient Agreenren�
P�rrrislt vs•. Cily vJPalni Beudi Gurdeirs
OJCC Ca.se No.: 0/-0119/2WPB
Pnge -l2-
in the future on account of any injury or sequella of any injury that arose out of, or may be alleged to have
arisen out oFhis employment through the date ofthis Settiement Agreement. Claimant fiirther �u�derstands
that settlement ofcase may have rami fications regarain� the Claimant's acceptance and receipt o f Social
Sccurily Disability Bencfits and/or Medicare. The Claimant understands and ackno�vledges the fi-eedom
and ability to consult with specialists practicing in the area of Social Security and Medicare law and has
chosen to settle the case in lieu ofar after such consultation. The Employer/Can-ier/Servicing Agent
rese�ves all rights, claims, defenses, remedies and obligations in the evcnt ofanymisreprescntations or fraud
by the Claimant.
xv.
The Claimant acknowledges, and approval of the Order under section 440.20(11(c), (d) &(e),
�'lorida Stahites (2001), shall constitute a finding of fact, that the sums provided herein include an adequlte
and complete advance of any rehabilitation or training and educatio►1 te►i�porary total disability bei�efits to
�vhich the Ciaimanl may bc entilled or later become enlitled to rcceive pursuant to Plorida Statute �440.49
or �440.491. Tl�e Claimant ackr►o�vledges his receipt of the settlement �nonies herein includes t11is full
advance of rehabi litation temporary total benefits and the Employer/Carrier/Servicing Agent has relied on
this agreement in consideration of entering into this Settlement Agreement.
XV1.
This Settlement Agreement inay not be amended or modif ied in any respect �vhatsoever, except
.•
Settleme�r! Agreente�tl
Pcirr�slr vs. C;ry of Pulnr Bcacl� Carclens
OJCC Ct�se No.: 0/-0/ l9/26VP8
Page -13-
via writing duly executed by the Parties, and the Parties each agree that they shal 1 make no claims at any
time tl�at this Settlement Agreement has been orally modi fied or amended. The Parties hereby reserve all
ri�hts, claims, defenses, remedies and obligalions in the event ofany misrepresentation or suspected fi aud.
XVIl.
It is understood and agreed by the Parties hereto that should the Settlement Agreement ever be
set aside, the Employer/Carrier/Servieing Agent shall be entitled to a fiill credit for thc lump sum against any
fi�ture obligations. The Parties furlher agree that the EmployerlCa�rier/Servicing Agent shall have Fourteen
(14) days aCter the date the Judge of Compensation C(aims mai Is the ordec approvin� the altorney's fees
under section 440.20(11)(c), (d) &(e), Florida Statutes (2001), in which to pay the sums due under the
terms of this Settlement Agreement, and that no interest shall accrue, nor shall any penalties be due until
the expiration of fourteen (14) days after the date the Judge mails the si�ied order. Claimant understands,
stipulates and agrees that pursuant to this Settlement Agreement, he alone, not the
Employer/Carrier/Servicing Agent, is responsibte for any and all outstanding and/or future medical bills
and/or expenses related to date of accident July 23, 2001 and August 9, 2001.
XVIII.
The Parties hereto represent and acknowledge that in executing this Settlement Agree�llent, they
do not rely and have t�ot relied on any representation or statcment by any o f the Parties or by any of the
Parties' agents, representatives, or attorneys wii11 regard to the subject matter, basis, or effect of this
..
Settleme�it Agreemeitl
Pnrris{i vs. City of Palnt Bencl� Gardens
OJCC Cnse No.: 0/-0/ 1912WPB
Prrge -14-
Settlement Agreement or otherwise than those specifically stated in this written Settlement Agreement.
X1X.
It is understood and agreed that this Settleme►lt Agreement shall not be constnied as an admission
of any kind, either generally or speci fically, by or on behal f of the Employer/Cai-��ier/Seivicing Agent, its
agents, successors, repcesentatives, shareholdecs, assigns, interests, officers, directors, employees or any
other person or entity �vho maybe responsible or liable for actions of the Employer. Instead, the monies
being paid as consideration for this Settlement Agreement are to avoid litigation and the uncertainties
stenu��ing from liiigation.
�X.
This Settlement Agreement shall be binding upon the Parties hereto, and upon their heirs,
administrators, representatives, executors, successors and assigns, and shall inure to tlle benefit of said
Parties and each of them and to theirheirs, administrators, representatives, executois, successoi•s and
assigns.
I�itending to be legallybound by the ternls of this release and settlement agreement, Claimant has
affixed his signature this
ALVIN PARRISH, Claimant
Date
day of
2002.
GERALD ROSENTHAL, ESQ.
Counsel for Claimant
Tel: 561/478-2500
Date:
.•
Setllement Agr•eeineii!
Parrisll vs. Cit�J of Palm Beach Gardens
OJCC Cas e No.: O! -0 / l 912 WPB
Page - I S-
DAV1D M. SCHWEIGER, ESQ.,
Counsel for Employer/Carrier/Servicing Agent
Tel: 954/463-0100
Date:
State of Florida )
) SS:
Counly of Palm Beach ) • �
E3cfore me the undersi�ned authority authorized to administer oaths and take acknowledgments
pecsona(ly appearcd Alvin Parrish, (personally known to me) (was identified by driver's license) on this
dayof , 2002, who upon being dulysworn, certifies that the infocmation
fiunished by him as incorporated in the foregoing stipulation is true and correct and that him (has read the
Stipulation) (has had the Stipulation read to him, and be(ieves the (ump-sum seltlement to be ii� his best
intec-est.
ALVIN PARRISH, Claimant Notary Public, State of Florida at Large
COillill{SSiOII NUIl7liCC
(SEAL)
My commission expires:
AP
GENERAL RELEASE OF CIVIL LIABILITY
KNOW ALL PERSONS BY THCSE PRESENTS:
That I, ALVIN PARRISH, (Employee), of Palm Beach County, Florida, for and in consideration
ofOne Hundred Dollars ($100.00) a�ldothervaluableconsideration received from oron bel�alfofCITY
OF PALM BEACH GARDENS (Employcr), TLORIDA MUNfCIPAL INSURANCE
TRUST/FLORIDA LEAGUE OFCITIES (Cairier/Sei-��icin� A�ent), and all companies doingbusiness
as part of or afiiliatcd wilh CITY OF PALM BEACF[ GARDENS/FLORIDA MUNICIPAL
INSURANCE TRUST AND F'LORIDA LEAGUE OF CITIES, thc rcceipl and sufticic►�cyofwhich is
l�creby acknowledged, havc remiscd, i�cicased ane] �orcvcr clischa►-�cd, an�l clo hcrcby �or myscl (; my heirs,
cxccutors, acln�inistrators ancl assi�ns, 1'CI111SC, rcicasc ancl lorcvcrclischar�c thc CI"I'Y OI� PALM E3EAC[-1
GARDENS/FLORIDA MUNICIPAL INSURANCE"I'RUST AND FLORIDA LEAGUE OF C(T1ES,
and cach of thcir present or tom�er irustces, shareholders, directors, o�ficcrs, subsidi�u-ies, affiliates, a�ents
anci employees ofand froi» all debts, demands, actions, C2IUSCS UI i1C�1011, suits, accounts, covcnanls,
a�recmcnts, damages, eapenscs, compensation, claims {'or attorney's fees and as�y and all claims, �emands
and liabililies whatsoeverofeveiy name and nat�u-e, both in la�v and in cquity, and any thal maybe claimed
for any administrative a�ency, orcourt of law which may result fi-om the existing state ofthings, or �vhich
may be considered to be of acontinui�}g nature, more specifically on account of, but not limited to, any
matters in any way relating to or stemming From my employment with CITY OF PALM BEACH
GARDENS, including, but not limited to, the incidents which occurred on 07/23/Ol ,�u�d all circumstances
relating the�-eto pursuant to any federal, state or local employment laws, re�ulations, executive orders or
other requirements, including without limitation; Title VI1 of the Civil Rights Act of 1964, as amended,
United States Constitution pursuant to 42 U.S.C. Sections 1983-1988, the Age Discrimination in
Employ���ent Act, the Older Wor{:er Benefits Protection Act, the FairLabor Standards Act, the Ameticans
with Disabilities Act, the FamilyMedical Leave Act, the Florida Civil Rights Acl of 1992, the Florida
COI1StlillL1011, the Florida's Whistle-blo�vec's Act, and any other federal, state, or local laws prohibiting
discrimination in any emplo}ni�ent, any public policy, contract, or the common law, includin� any tort claims
(e.g., negligent or intentional inflictioil ofemotional distress, negligcnt retention, supervisio�l ortrainin�,
defamation; wrongfiil ternlination) whether based on common la�v or othe�tivise which I, ALVIN
PARRISH, have oi- may have had from the beginnii�g of ti�e �vorld to this datc, �vhetller asserted or
unassertcd against the C1TY OF PALM BEACH GARDENS/FLORIDA MUNICIPAL INSURANCE
TRUST AND FLORIDA LEAGUE OF CITIES, and each oftheir present or former trustees, dii-ectors,
shareholders, officers, agents, affiliates, subsidiai-ies, and employees.
This inclucles, without limitation, all claims for wcongfi�l ternlination, constructive ternlination,
cmotional distress. sexual ha��assmeiit, sexual discrimination, national origin or race discrimination, hostile
work environment, retaliation, defamation, breach oFconlract, ne�li�ent hirin� or supervision or retcntion,
ne�li�ence, all c(ai�;�s for compensation, claims arisin� out o f a�recil�ents, representalions or policics relaled
to employee's employment, ciaims arising under federal, state or local laws or ordinances prohibiting
discrimination or retaliation on the basis ofrace, color, national origin, sex, sexual preference, agc disability
or other status, claiins for violation ofpublic policy and all claims foc• attorney's fees, costs or expenses
incurred in connection witil raising anysuch claims. This release includes anyand al] claims, den�ands,
rights, causes of action, obligations and ]iabilities of'any kind whatsoever, known or unknown, at law or
in equily, which employee may have or claims to have, which are or which may be based upon any facts,
acts, co►�duct, omissions, documents, representatioj�s, proposals, cos�tracts, claims, e��ents or other things
occ�n-riil� any ti�1�e al or beCore the date o fexecution o Ftllis General Release, and relatin� to or arisin� from
any aspect of the employer's employ�nent of employee.
Further, in accordance with the Older Workers' Benefits Protection Act of 1990, Employee is
aware of the following with respect to his release of any claims tinder the Age Discrimination and
Employ�nent Acl (ADEA): (1) he has tl�e ri�ht to consult with any attorney before signin� this a�recment,
�lll(I t0 tI1�1L CXICIIt, r f any, IIIC C111�I0yCC }laS CICS11'C(I, cmploycc has donc so; �2% CIll�IOyCC II�iS lWCllly-OIIC
(21) days to review and consider this a�rcemcilt and his rcicase of�inyADCA cliUlll, �llld Lllal IlC Illa}� IISE
as much ofthis 21 �day period as he �vishes prioc to si�nin�; (3) Coe a period ofscvcn (7) ciays following
the execution oft}r:s agreement, employee may revoke thc agrecment and this agreancnt shal l not become
effective or enforceable with respect to the claims under the ADEA until the revocation period has expired;
(4) this a�reement shall become effective as to any ADEA claim eight (8) days after it is signed by
cmploycc and company, llllCl IIl i11C CVCtII 1�1C j��ll'lICS CIO IIOI SI�11 O17 lI1C S�lI11C CIAIC, this �l�I"CCI11GI11 S�I�l�I
become effective as to any ADEA claim eight (8) days aTter the date is si�ned by the employee.
'l�hereafter, the empioyee �u�derstands that employec cannot revokc this waivec of any ADEA claim and
thal it wifl be bindin� upon employee; (5) the pariies acknowfcd�e anci a�rec that in the event thc employec
revokes tilis release/waiver of any age discrimination claims, the employer shall have the �u�ilatei-al iight to
te►-rni��ate this entire agreement. In the event of such te�z�}inatio►�, d�c e►��ployee understands and agrees that
he shall not be e►�t�tled to ai�y pa}m�ent set forllt above, a�1d i f the employee has received such pa}mient,
employee agrees to return such payment to the en�ployer immediately.
Employee agrees not to apply for employment with Employer in the future. The parties agree and
fii►-ther ackno�vled��;e that Employee is not waiving claims or rights arising after the final day of employment
pursuant to this Ge�eral Release ofCivi I Liability Uut that Employec has contractually agrecd not to apply
for emplo}m�ent with Employer in the futurc and this Agrecment shall constitulc a bar ofany claim that
Employee may have should Employee apply for employment with Employer in the (iiture and not be hired.
The parties utiderstand that this General Release of Civil Liability is made to compromise any
potential claim and to avoid expenses related to such potential claim. Employer denies any and all liabilily
to Employee and nothing in this General Release ofCivil Liabilityshall be construcd as an admission of
�vron�doin� by Employcr conccrnin� En�ploycc's en�ploymcnt or scparalion.
This General Release of Civil Liabilityconstitutes the complete w�derstandingbetween the parties.
Employee especially acknowledges and declares that no other contract, promise or inducement has been
made.
Employee �tates and acknowledges that he has entered into this General Release of Civil Liahility
voluntarily and on }iis own fi•ee will; that he has understood ful ly al l the tern�s of the General Release of C+vil
Liabilily; and that Lmployee has had sufficient and reasonable time to review the Agreeme►�t and consult
wilh anyone of his choosing.
Conftdentiality - Except as provided by law, the employee agrees not to disclose or publicize the
tenns or existence of this Agreement to anyone other than Employee's spouse, attorney and tax advisor
or accountant. Employee shall not, directly or indirectly, use or divulge to any third party any of tlle
Employcr's conGdenlial or privileged infor►nation ormalerials cliscloscd or made available lo Employee by
reason of his em��loyment with Employer and not �enerally known to the public.
1, ALVIN PARRISH, represent that I fully understand my right to review all aspects of this
agreement with an attomey ofmy choice, that I have had tlze opportunity to consult with an attorney ofmy
choice, that I have carefufly read and fully understand all of the provisions ofthis agreement, and that I am
G�ccly, knowingly, and volwitarily cnterin� into this Gcncral Rcicase of Civil Liability.
IN WITNESS WHEREOF, 1 i�ave hcreunto set my hand and seal this day of
, 2002.
Alvin Parrish, EmployeeJClaimant
STATE OF FLO�tIDA )
) SS:
COUNTY OF P�LM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
a�oresaid and in the Countyaforesaid to take acknowledgrnents, personally appeared ALVIN PARRISH,
to me, known to be the person described in and �vho executed the foregoing instrument and hc
acknowledged before me that he executed the same.
WITNESS my hand and official sea( in tlle County and State last aforesaid t11is day of
2002. � .
NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
The afC�ant is:
_personally known to me
_presented identification
l.D.#
My Commission Expires:
STATE OF FLORIDA
DIVISION OF ADMIIYISTRATIVE HEARINCS
OFFICE OF THE JUDGE OF COMPENSATION CLAINIS
DISTRICT "I" �
ALVIN PARRISH,
Claimant,
vs.
CITY OF PALM BEACH GARDENS/
FLORIDA MUN[CIPAL INS. TRUST/
FLORIDA LEAGUE OF CITIE� :
Employer/Carrier/Servicing Agent,
1
OJCC Case No.: 01-011912WPB
Date of Accident: 07J23J01
JUDGE: SHELLY PUNANCY
VOLUNTARY RESIGNATION
1, Alvin Pan•ish, hereby forever resign my employment with the Employer, City of Palm Beach
Gardens. I waive any rights to reinstatement or re-employment with the Employer, City of Palm Beach
Gardens, and agree not to reapply for, solicit, seek or otherwise attempt to obtain enlployment with the
Employer, City of Palm Beach Gardens, or any of its related agencies. Furthernlore, I agree that the
Employer, City of Palm Beach Gardens is under no obligation at any time to re-employ me.
Alvin Parrish, Claimant Date
CITY OF PALM BEACH GARDENS ClTY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 21, 2002
Meeting Date: December 5, 2002
Resolution: 218, 2002
SubjecUAgenda item:
Resolution 218, 2002 — Approve the abandonment of Pine Tree Boulevard right-of-way
located within Plat 4, and reassigning it for the purpose of drainage for use by the City.
(City Project No. 2002-010)
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: � Costs: $ N/A Council Action:
Angeia Wong, Proje (Total)
Manager
City Attorne Community Services [] Approved
Department
$ N/A [ ]Approved w/
Current FY conditions
City Engineer
`���______ [ ] Denied
Advertised: N/A Funding Source: [] Continued to:
Date: [ X ] Operating Attachments:
Paper: [] Other • Resolution 218, 2002
• Site Map
Submitted by:
[ X ] Not Required
Jack Doughney,
Community ervi s
Admi '
Depa men Affected parties Sudget Acct.#: N/A [] None
Appr by; ntified
City ana r I l Not required
Date Prepared: November 21, 2002
Meeting Date: December 5, 2002
Resolution: 218, 2002
BACKGROUND: The Plat 4 drainage system was designed in the early 1960s. Storms in
'95 and '99 highlighted the need for drainage improvements. A drainage retrofit for Plat 4
has been designed consistent with the City's standards for level of service to the residents.
The system has been designed to decrease the amount of standing water in the streets,
improve flow to the inlets, and add additional storage. Existing pipes within seven of the
nine drainage systems will be increased for additional capacity, and Pinetree Boulevard will
be reconstructed to extend the width of the EPB-3D Canal. This project is also identified in
the Stormwater Management Plan. Pinetree Boulevard is currently platted as a roadway.
Prior to the widening of the EPB-3D Canal, the roadway should be abandoned by the City
and designated for the purpose of drainage.
STAFF RECOMMENDATION: Approve Resolution 218, 2002 approving the
abandonment of Pinetree Boulevard road right-of-way located within Plat 4, and reassigning
the use for drainage purposes.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 218, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, ABAND01�1ING THE PINE TREE
BOULEVARD ROAD RIGHT-OF-WAY LOCATED WITHIN PLAT 4 OF
THE CITY OF PALM BEACH GARDENS, FLORIDA, AS RECORDED IN
PLAT BOOK 27, PAGES 4 THROUGH 6, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; PROVIDING FOR USE OF THE RIGHT-OF-
WAY FOR DRAINAGE PURPOSES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILIT�'; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City desires to abandon Pine Tree Boulevard road right-of-way located within
Plat 4, as more particularly described herein, for the purpose of widening the EPB-3D Canal into
the existing unimproved road right-of-way; and
WHEREAS, the City has determined that the road right-of-way serves no purpose and that it is
appropriate to reassign the right-of-way for drainage purposes in accordance with the 2002
Stormwater Management Plan; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in interest of the
public health, safety and welfare of the citizens and residents of the City of Palm Beach Gardens
to authorize the abandonment of the road right-of-way for Pine Tree Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby authorizes the abandonment of Pine Tree Boulevard road
right-of-way located in Plat 4, City of Palm Beach Gazdens, as recorded in Plat Book 27, pages 4,
5 and 6, Public Records of Palm Beach County, Florida. The City Council reassigns the use of the
right-of-way for drainage purposes.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: If any clause, section, other part or application of the Resolution is held by any
court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 20_.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: November 21, 2002
Meeting Date: December 5, 2002
Resolution: 218, 2002
EXHIBIT A
Location Map
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Resolution: Resolution 219, 2002
Subject/Agenda Item:
Resolution 219, 2002 — Temporary Sales Center Time Extension
Consideration of Approval: A request by Urban Design Studio, agent, on behalf of Mr. Roy
Davidson, petitioner, to extend the time period of the temporary sales center in the Ba1lenIsles
Planned Community Development (PCD) by six months, or by the date the City Council takes a final
action on the pending PCD amendment, whichever occurs first. The development order of the
temporary sales center will expire on December 14, 2002. The PCD is bounded to the north by PGA
Boulevard (Blvd.), Northlake Blvd. to the south, Military Trail to the east, and the Ronald Reagan
Turnpike to the west. The sales center site is approximately 2.8 acres in size with 7,113 square feet
of office space.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA City Council Action:
Growth Management: [ ] Approved
Principal Planner �
Talal M. Benothman P Costs: $ [] App. w/ conditions
Project Total [ ] Denied
City Attorney Manager [] Rec. approval
Edward A. ', $ [] Rec. app. w/ conds.
AICP Current FY [] Rec. Denial
Finance NA
[ ] Continued to:
Human Res. NA Funding Source:
Submitted by: Advertised: Attachments:
Growth a e�ent Date: [] Operating • Resolution 219, 2002
Directo V�ti� [X] Other NA • Resolurion 167, 2002
Paper:
Charles . Wu, AICP • Resolution 70, 1989
[X] Not Required
• Resolution 7, 1995
Approve y: Budget Acct.#: • Resolution 103, 1999
NA . Applicant's Request
Ronald . F is . Location Map
City Manager
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Resolution 219, 2002
BACKGROUND
The temporary sales center was approved by the City Council through the adoption of Resolution 70,
1989, approximately one year after approving the Ba1lenIsles PCD in 1988. The City Council
authorized the sales center to operate for a ten-year period only, but with the option of receiving a
three-year time extension from the effective date of Resolution 70, 1989. The ten-year period
expired on September 14, 1999.
In 1995 the City Council approved Resolution 7, 1995, authorizing the expansion of the temporary
sales and information center by 1,150 square feet. Currently, it is 7,113 square feet of office space.
On June 29, 1999, the petitioner filed a time extension application with the City, and on September
16, 1999, the City Council approved Resolution 103, 1999, authorizing a three-year time extension
for the sales center, which was provided for in Resolution 70, 1989. On October 23, 2000, the
petitioner filed for an amendment (Ordinance 33, 2002) to the BallenIsles PCD requesting several
changes, one of which was to convert the temporary sales and information center into a permanent
Real Estate Sales and General Office facility with the ability to conduct business in as well as outside
the PCD. On August 15, 2002, the City Council postponed Ordinance 33, 2002, on First Reading to
November 7, 2002, as requested by the petitioner.
The applicant received a three-month time extension until December 14, 2002, because the previous
time extension granted for the sales center expired on September 14, 2002. The applicant has now
requested an additional continuation of the public hearing for the PCD and is requesting an
additional time extension for the sales center.
However, staff is requesting that the time extension should expire by the end of the six-month
period, June14, 2003, or by the date the City Council takes a final action on the pending PCD
amendment, whichever occurs first.
LAND USE & ZONING
The subject site is zoned Planned Community District (PCD) Overlay with an underlying zoning of
Residential Low, and has a future land-use designation of Residential Low (RL).
STAFF RECOMMENDATION
Staff recommends approval of Resolution 219, 2002.
G: /etomb ari/edproj ects/sal escc
2
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Resolution 219, 2002
Page 1
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 219, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A
SIX-MONTH TIME EXTENSION OR AN EXTENSION UNTIL THE
CITY COUNCIL TAKES A FINAL ACTION ON THE PENDING PCD
AMENDMENT TO THE BALLENISLES PCD, WHICHEVER OCCURS
FIRST, FOR THE BALLENISLES TEMPORARY SALES CENTER
LOCATED ON THE WEST SIDE OF BALLENISLES DRIVE
APPROXIMATELY 700 FEET SOUTH OF PGA BLVD., IN THE
BALLENISLES PLANNED COMMUNITY DEVELOPMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Dexter Realty, Inc., BallenIsles County
Club, Inc., and the MacArthur Holding A, Inc., to approve a six-month time extension, until June
14, 2003, or an extension until the City Council takes a final action on the Ba1lenIsles PCD
amendment, whichever occurs first, for the Ba1lenIsles temporary sales center located within the
Ba1lenIsles Planned Community Development; and
WHEREAS, Resolution 79, 1989, granted approval for the Ba1lenIsles temporary sales center for
a period of ten years to expire on September 14, 1999, and specifically allowed for a request for
a time extension of three years; and
WHEREAS, Resolution 103, 1999, granted approval for a three-year time extension for the
Ba1lenIsles temporary sales center to expire on September 14, 2002; and
WHEREAS, Resolution 167, 2002, granted approval of a three-month time extension for the
Ba1lenIsles temporary sales center to expire on December 14, 2002; and
WHEREAS, the City's Growth Management Department has determined that approval of said
application is consistent with the Ba1lenIsles Planned Community Development and previously
approved resolutions for said facility; and
WHEREAS, the City Council has deemed the approval of this Resolution to be in the best
interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Resolurion 219, 2002
Page 2
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a
six-month time extension, until June 14, 2003, or an extension until the City Council takes a final
action on the pending BallenIsles PCD amendment, whichever occurs first, for the BallenIsles
temporary sales center located within the Ba1lenIsles Planned Community Development.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any
court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
[ This space intentionally left blank.]
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Resolution 219, 2002
Page 3
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
MAYOR JABLIN
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
G:{Etombariledsproj ects/salesccreso
Date Prepared: September 8, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 167 , 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A THREE-
MONTH TIME EXTENSION OR AN EXTENSION UNTIL THE CITY
COUNCIL TAKES A FINAL ACTION ON THE PENDING PCD
AMENDMENT TO THE BALLENISLES PCD, WHICHEVER OCCURS
FIRST, FOR THE BALLENISLES TEMPORARY SALES CENTER
LOCATED ON THE WEST SIDE OF BALLENISLES DRIVE
APPROXIMATELY 700 FEET SOUTH OF PGA BLVD., IN THE
BALLENISLES PLANNED COMMUNITY DEVELOPMENT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an appiication from Dexter Realty, Inc., Ballenlsles
County Club, Inc., and the MacArthur Holding A, Inc., to approve a three-month time
extension or an extension until the City Council takes a final action on the Ballenlsles PCD
amendment, whichever occurs first, for the Ballenlsles temporary sales center located
within the Ballenlsles Planned Community Development; and
WHEREAS, Resolution 79, 1989, granted approval for the Ballenlsles temporary sales
center for a period of ten years to expire on September 14, 1999, and specifically allowed
for a request for a time extension of three years; and
WHEREAS, Resolution 103, 1999, granted approval fora three-yeartime extension forthe
Ballenlsles temporary sales center to expire on September 14, 2002; and
WHEREAS, the City's Growth Management Department has determined that approval of
said application is consistent with the Ballenlsles Planned Community Development and
previously approved resolutions for said facility; and
WHEREAS, the City Council has deemed it to be in the best interest of the citizens and
residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution.
Date Prepaced: September 8, 2002
SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby
approves a three-month time extension or an extension until the City Council takes a final
action on the pending Ballenlsles PCD amendment, whichever occurs first, for the
Ballenlsles temporary sales center located within the Ba�lenlsles Planned Community
Development.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this /� � day of .rc�1�i,��� , 2002.
a � Y
, -_y-�_' !'%J!
ATTE°ST• `�' "'
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P�,l"RI"CI'A.SNIDER; CITY CLERK
� ;� � 4 , �
�:, � �\ . rf,� ,
. �;��l�; � f' _ _
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
I �- ''
�`
�
� r ° � �
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
Date Prepared: September 8, 2002
AYE NAY ABSENT
�
COUNCILMEMBER CLARK �
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO �
c/
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r� ,
September 12, 1989
RESOLUTION 70, 1989
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING A TEMPOR-
ARY SALES CENTER ON LANDS WITHIN THE JDM PLANNED
COMMUNTTY DISTRICT CREATED BY ORDINANCE 8, 1988,
SAID LANDS BEING DESCRIBED IN EXHIBIT "1"
ATTACHED HERETO; AND, PROVIDING FOR DEVELOPMENT
OF SAID TEt�ORARY SALES CENTER IN ACCORDANCE WITH
THE SITE PLAN DATEA SEPTEMBER 1� 1989 PREPARED
BY URBAN DESIGN STUDIO CONSISTING OF ONE (1)
SHEET, LANDSCAPE PLAN PREPARED BY WIELAND KRENT
DESIGN, INC. DATED JULY 6� 1989 CONSISTING OF TWO
(G) SHEETS, AND THE STAFF Rr:PORT CONTAINING
ADDITIONAL CONDITIONS OF DEVELOPMENT DATED
SEPTEMBER 12, 1989 ATTACIiED HERETO AS COMPOSITE
EXHIBIT "2"; AND, PROVIDING FOR A TERM OF USE NOT
TO EXCEED TEN (10) YEARS; AND, PROVIDiNG FOR TAE
REPEAL OF ALL ItESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; AND, PROVIDING FOR AN
EFFECTtVE DATE HEREOF. •
BE IT KESOLVED BY TH�; CITY COUNCIL UF THE C1TY UF PALM
BEACH GARDENS, FLORIDA:
Section 1. A Temporary Sales Center is hereby approved
to be located on the lands in the JDM Planned Co�unity District
created by Ordinance 8, 1989 and fully described in Exhibit "1"
attached hereto and made a part hereof. Said Temporary Sales Center
shall be developed and used in accordance with the Site Plan con-
sisting of One (1) sheet prepared by Urban Design Studio dated
September 1, 1989, Landscape Plan prepared by Wieland Krent Design.
Znc. dated July 6. 1989 consisting of T�ao (2) sheets� and the
Staff Report containing additional conditions of development dated
September 12, 1989 attached hereto as Composite Exhibit "2".
Section 2. No Certificate of Occupancy, partial or
complete, shall be issued until such time as all requirements set
forth in Composite Exhibit "2" shall be complied with by Petitioner.
Section 3. Petitioner is hereby authorized to use
�"such� Tetnpbrary Sales Center `site fo"r a period of Tzn -(10)�-years -from
effective date hereof; and, upon timely application prior to the
expiration of said time period, may obtain an extension by sub-
sequent Resolution of the City Council for a period not to exceed
Three (3> years. �
�,:
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�� :.:.
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Section 4. All Resolutions or parts of Resolutions
in conflict herewith are hereby repealed.
Section 5. This Resolution shall be effective upon
date of adoption.
INTRODUCED, PASSED AND ADOPTED THIS THE�DAY OF SEPTEMBER,
1989.
ATTEST:
/
�I. / i � '
• s- i �. —
APPROVED r,� TO FOR!�'I QND
LEC'-.L S�F�IEta'�Y
�l �� ; ��--� �� � -
CITY ORNEY ._,,,.
.
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MaYOet
RESOLUTION 7, 1995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
SITE PLAN FOR A 1,150 SQUARE FOOT EXPANSION TO
THE TEMPORARY SALES•AND INFORMATION CENTER
LOCATED WITHIN THE BALLENISLES PLANNED COMMUNITY
DISTRICT; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 14, 1989, the City Council adopted
Resolution 70, 198�; for the construction vf a 5,902 square-foot
temporary sales and information center to be located vn the west
side of Ba1lenIsles Drive, within the Ba1lenlsles Planned Community
District; and
WHEREAS, petition has submitted an application for the
expansion of said center,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Heach
Gardens, Florida hereby approves the expansion of the Temporary
Sales and Information Center located within the BallenIsles
Planned Comn►unity District. Said development shall be completed
in accordance with the following plans on file in the City's
Planning and Zoninq Department:
January 9, 1995 Site and Landscape Plan by Urban Design
Studio. 1 Sheet.
December 7, 2994 Ba1lenIsles Sales OfFice Addition Flocr
Plan by D. William Beebe Architect. 1 Sheet.
December 7, 1994 BallenIsles Sales Office Addition
Elevations Plan by D. William Beebe Architect. 1. Sheet.
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JANUARY, 1995.
� �!��%y,,/�
7,
DAVID W. CLARK, MAYOR
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL_FORM AND
SU� �� •
BY: � i
Deputy City Clerk ITY A RI�EY
P ` '
August 31,1999
RESOLUTION 103,1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR APPROVAL OF A THREE-YEAR TIME EXTENSION
FOR THE BALLENISLES TEMPORARY SALES CENTER
LOCATED ON THE WEST SIDE OF BALLENISLES
DRIVE APPROXIMATELY 700 FEET SOUTH OF PGA
BOULEVARD, IN THE BALLENISLES PLANNED
COMMUNITY DISTRICT; PROVIDING FOR AN
EFFECTIVE DATE.
VJHEREAS, the City has received an application from Ba1lenIsles Development
Company to approve a three-yeaz time extension for the Ba1lenIsles Temporary Sales Center
located within the BallenIsles Planned Community Development; and
WHEREAS, the time allotted for the Temporary Sales Center was ten years from
September 14, 1989; and
WHERAS, Resolution 70, 1989, which granted approval for the Temporary Sales Center,
specifically allows for a request for a time extension of three years; and
WHEREAS, the City's Growth Management Department has determined that approval of
said application is consistent with the City's Comprehensive Plan and Land Development
Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens, Florida, approves a
three-year time extension for the Temporary Sales Center located within the BallenIsles Planned
Communiiy Development.
5ection 2. The applicant is hereby authorized to use such Temporary Sales Center
site for a period of three years from September 14, 1999.
j t .
Section 3. Said approval shall be subject to t�ie following conditions, which
shall be the responsibility of the applicant, its successors�and/or assigns:
1. Any future use of this site following the expir�tion of this time extension
is subject to the review and approval of the City. (Planning & Zoning)
2. A request for an additional time extension following the expiration of this
time extension shall be subject to the provisions of City code. (Planning &
Zoning)
Section 4. This Resolution shall be effective upon adoption.
. �
INTRODUCED, PASSED AND ADOPTED THIS THE �� DAY OF
1999. A _ o
ATTEST:
LINDA V. KOSIER
, IvIAYOR
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
BY: ` !i% ^ " TC,�CJVt�:C..�G�C�C..e'
�
CITY ATTORNEY
VOTE:
MAYOR RLJSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
AYE
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NAY ABSENT
FILE No.634 09i06 '02 14:30 ID�URBAN DESIGN STUDIO
September 6, 2002
FAX:561 689 0551 PAGE 1� 1
urban peel�n
Urban Plannin�
Land Plannine
Mr. TalalBenothman, A1CP, Principal Plannar Lendscape Architecture
TH� CITY OF PALM H�ACH GARDFNS Communication Grnphics
10500 N. Military Trail
Palm R�ach Gardens, FL 33410
RE: BAL[.�NISi,�s PCD AM�NpMENT - P�TITION NO. PCp-00-02
Aear Talal,
As you are t�ware, the applicant for the above referenced application has agreed to a delay of the
processin� of the PCp amendment for 90 days to a11aw time for seasonal reaidents af 8a11er�Isles
to raturn to the area and to have the opportu,niry to attend the City Council Public Hearing on the
petitian. As yau are also aware, the PCD amandment application includes a request to �llaw the
Sales Canter to remain as a permanent use beyond the Saptember 14, 2002 date referenced in
R@solution 103,1999. Because thore is a euRent applieation in procees which won't b� heard
until Novomber, as an "administrative" measuce we are asking that ihe Ciry Council allow the
continued use nf the Salcs Ccnter uatil the PCD amendment is voted upon.
In accordance with a conversation with I,en Rubin, please accept this letter as our
preparation of a Resolution for City Council appraval to facilitate this raquest.
Should you havo any quostiana in this regard, please feel frcc to call ma.
Sincerely,
• L�is��C'�(/ ��.�.•
�-Ienry Skokawski, A1CP
Princip�l
ab
cc: Ray pavidson
Ron Fercis
Charles Wu
Len Rubin
Johti Gary
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C:\WfNDOWS\pasktap\My Briefi:a.ee��alle���PCp�SalesExtension.090602.wpd
2000 Palm 9each l.akes sculovard
Sulte 80o The Concotl�se
Weet Palm Beaah, FloHda 33408
561.689.0086 861.889.OSS1 fax
Irvine, CA 714.488.8131
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 22, 2002
Meeting Date: December 5, 2002
Resolution: 220, 2002
Subject/Agenda item:
Resolution 220, 2002 — Approve an agreement with The Trust for Public Land for
professional services related to a parks and recreation ballot measure scheduled for March
2003. (City Project No. 2002-022)
[ X ] Recommendation �o APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $20,000.00 Council Action:
Angela Wong, Project (Total)
Manager
City Attorney Community Services [] Approved
Department
�20.000.00 [ ]Approved w/
Current FY conditions
Recreation Division
Directo
[ ] Denied
/
Finance Director Advertised: N/A Funding Source: [] Continued to:
Date: [ X ] Operating Attachments:
Paper: [] Other • Resolution 220, 2002
• TPL Professional
Services Agreement
Submitted by:
[ X ] Not Required
Jack Doughney,
Community ervice
Adm'ni
Departmen irec Affected parties Budget Acct.#: [ J None
Approve b . ["X ] Notified 003-2000-572.3150
City Mana r �] Not required
Date Prepared: November 22, 2002
Meeting Date: December 5, 2002
Resolution: 220, 2002
• BACKGROUND: At the September 4, 2002 meeting, staff was requested by City Council
to incorporate the option of purchasing property located at the northeast corner of Northlake
Blvd. and MacArthur Blvd. into the March 2003 referendum along with funding for existing
park enhancements and MacArthur Blvd. traffic calming improvements. For ultimate success
of the proposed parks and recreation general obligation bond referendum, it is recommended
that the City obtain the services of an organization with a strong track record on similar
efforts. One organization, The Trust for Public Land (TPL), offers the complete array of
services needed by the city.
TPL represents a leader in conservation finance efforts. Its national Conservation Finance
Program works with community groups, elected officials, public agencies, land trusts and
others across the country to design and pass conservation funding measures. TPL is
recommended by Parks and Recreation divisions throughout the County. This agency
provides comprehensive start-to-vote technical expertise in conducting feasibility research,
which includes preparing and conducting public opinion polls to determine what issues most
resonate with voters and their willingness to support such issues. TPL assists with drafting
ballot language, generating grassroots support and developing targeted informational
campaigns, among other tasks.
Since 1996, TPL has been involved in 154 conservation-related measures nationwide that
have generated almost $30 billion in funding for state and local governments to acquire and
enhance parks and open spaces and environmentally endangered lands, historic and cultural
sites, and working landscapes. In the 2002 elections, TPL participated in 38 different
measures across the country, of which 79 percent proved successful — raising $2.2 billon.
In Florida, TPL was instrumental in the passage of the 1996 Safe Neighborhood Parks Act of
Miami-Dade County ($200 million), the 2000 Broward County Safe Parks and Land
Preservation initiative ($400 million) and, most recently, the St. Lucie County Parks
Referendum ($ 56.9 million). Due to the magnitude of the upcoming bond referendum, City
staff is recommending to enter into an agreement for professional services with TPL as a sole
source contract.
• STAFF RECOMMENDATION: Approve Resolution 220, 2002 approving an agreement
with The Trust for Public Land for professional services related to a parks and recreation
ballot measure for an amount not to exceed $20,000.
What is the Trust for Public Land?
The Trust for Public Land (TPL) is a
❑ational nonprofit land consen-ation
organization Eounded to acquire land for
public use. We belie�e that connecting peo-
ple to land through parks, recreation areas,
���orking lands, and natural open spaces is
key to livable communities, a healthy envi-
ronment, and overall quality� of life.
TPL was founded in 1972 as a new kind
of land-saving organization: entrepreneur- �
ial, business-oriented, and abie to moce
quickly to protect land in the marketplace.
TPL's experts in the la«;'finance, real
estate, fundraising, government, and public
relations work nationH ide to help citizens
and go� ernment agencies identify lands
they �vish to see protected and then help
them accomp(ish their land-saving goals.
TPL has safeguarded more than a mil-
lion acres of natural, scenic, and historic
lands nationwide, with a fair market value
of o�er $1 billion.�
0.'aterfmnt park in Pordand, Oregon. TPL is dedicated
to providing public parks, greenways, and open spaces
nazionwide.
':The Trust for Public Land understands our
challenge. They're trying to raise money, try-
ing to get things done. And there is so much
they bring to the tabte that we at the local
level don't have."
Charlrs J��rd.in
Direct<�r ufP:u�ks an.i Recrcati„n
C:in� o[ P��rdand, � �re;*�,n
"We struggled to preserve our 1,700-acre ranch
but faced the prospect of subdividing it. TPL
worked to secure the funds that made a public
purchase possible. Their work will allow future
generations to enjoy the land as we have.'"
I?r. Flu�;hcs :\n�1ru<. \I.I ).
Iti�� 5ur, l:;tlil��rni.i
Why do communities seek TPL's help?
There are many reasons to set aside open space
from developmenr. to create parks and provide
recreation opportunities, guide growth, pre-
sen�e local character, safeguard ���ater supplies,
protect «ildlife, and conserve other important
namral resources. But real estare transactions
are rarely simple. TPL bridges the needs of
landowners seeking to prorect a special proper-
tv and those ofgo�emment agencies that
acquire land for public benefit. Our depth of
experience in land transactions, and the tools
and techniques «e deeelop and share, make
TPL a PoH•erfut partner in any effort to con-
ser� e land for people.
What kinds of land does TPL acquire?
TPL projects range from small city lots for a
play�ground, community park, or garden ro
hundreds or even thousands of acres for
addition to a national park or forest.
Because TPL does not own or manage land
o�er the long term, there must be a go��ern-
ment agenc�' or organization �vilfing and able
to assume ownership of the land.
In some instances, TPL may help land-
owners place conservation easements on
their property. [n such cases, the landowne�s
continue to hold tide to their property but
forgo decelopment rights.
What services does TPL provide?
"Greenprinting" is TPL's proactive approach
to consercation. Through greenprinting,
TPL can:
■ Help identify lands the community �cants tu
protect.
■ Develop an acquisition straregy for target-
ed lands.
■ Identify sources of public and private fund-
ing for conservation.
■ Independendy acquire (and from pri� ate
o��'ners for later purchase by' p�blic agencies.
■ Mobilize public support fur land protection.
How do landowners benefit by working
with TPL?
TPL works only ���ith �cilling sellers, including
indi� iduals, families, corporations, and decel-
opers. For owners of conservation lands, TPL
can make commitments timed to landu�rners'
needs, negotiate in confidence, and often pro-
vide substantial ta� benefits. TPL is able to act
s��'iftly �� hen gocernment agencies o&en can-
not. TPL's goeernment affairs and fundraising
staffoften can help assemble fundin� to make
a conservation transaction work.
How does TPL help public agencies?
7 PL's goal is to enable public agencies to
acquire important lands at a fair calue. TPL
�vorks dosely «�ith the agencies' standards and
processes for establishing an independent fair
market ealue for targeted properties.
TPL acquires land in its own name, assum-
ing all the risks of ownership as ti elf as the
costs associated with buying, holdin�, and sell-
ing land. We do not operaze u a broker or an
agent of gocernmental agencies, but rather as a
principal and risk-taker, supporting the agen-
cies' independent decision-making process.
What are the advantages of working
with TPL?.
As an independent nonprofit, TPL can u�ork
in the market�lace in ways that public agen-
cies often cannot. TPL specializes in problem-
sol�•ing, and can lend real estate expertise to
complex land transactions.
■ Buying time Timing is critical in today's
real estare markets, but public agencies mav
not ha� e the capacity or budget to mo� e quick-
ly to acquire land �chen it becomes available.
Using our private capital, TPL can bridge the
gap to secure and hold �ital lands until the
public acquisition process can gear up.
■ Solving acquisition challenges TPL brings
specialized skills to complex real estate trans-
actions. Our financial and legal esperts are
esperienced in resohing ieSues o�er tide,
assembling properties from multiple o�vners
for a single nansaction to the agency, and
hand(ing special needs such as in cases of
em�ironmental contamination.
■ Seizing opportunities TPL has the flesi-
bility to respond to special consereation
opportunities such as the sale of distressed
properties. \L�e often �vork with bankruptcy
trustees, foreclosing lenders, and state and
federal regulators.
■ Making the pieces fit TPL can tailor
acquisitions for Public agencies and simplify
complex transactions, such as when
desired land is part of a larger parcel or
must be acquired in phases. Timing trans-
actions to meet lando�cner needs and
agency budgets is a specialty.
■ Training and tools TPL de�elops and
shares proven land protection techniques.
We offer training and consultation to help
go�ernments integrate parks and open
space protection �aith other ci��ic goals,
such as em�ironmental protection, trans-
portation, and business and community
de��elopment. '
■ Leveraging funds In addition to identi-
fying and assembling Pri� ate and public
funding sources for land protection, TPL's
financial experts and partners �� ork to craft
local bond measures, conduct polling, and
run successful campaigns to fund open
space and parks.
How does TPL support itself?
TPL is a 501(c)(3) tax-esempt organization.
Much ofTPL's financial support comes from
charitable contributions from individuals, cor-
porations, and foundations. A major source of
support comes from lando�rners µ ith �chom
�� e�vork. TPL may seek a fee from public
agencies to help defrav transaction costs. TPL
uses the support it recei�es from lando�cners
and through general fundraising to acquire
more land, meet operating expenses, and
fund our education and outreach programs.
The Chroni.le of PhilantMopy, Forbes, A�loney, and
The k�al! Street Journal's SmurtMoney magazine
hace gicen TPL the highest ratings for a char-
itable institution for keeping fundraising and
operation costs low.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 220, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH TI�
TRUST FOR PUBLIC LAND FOR PROFESSIONAL SERVICES RELATED
TO A PARKS AND RECREATION BALLOT MEASURE SCHEDULED FOR
THE ELECTION TO BE HELD IN MARCH 2O03; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City provides park and recreation services to the general public and to the
citizens of Palm Beach Gazdens; and
WHEREAS, the City wishes to be better informed regarding its citizens' desires for parks,
recreation and open space acquisition and development, and citizens' support for public
acquisition and development of parks, recreation facilities and open space; and
WHEREAS, the City has requested that TPL provide technical assistance to the City to study the
feasibility of a parks and recreation ballot measure; and
WHEREAS, TPL, through its Conservation Finance program has substantial experience in
conducting public opinion research, drafting ballot language for consideration by voters, and
working in cooperation with public entities on acquisition of open space and parks and is willing
to provide similar services to City; and
WHEREAS, the City intends to compensate TPL for the provision of professional services and
the parties intend to memorialize the terms and conditions of such agreement herein.; and
WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best
interests of the citizens and residents of the City of Palm Beach Gardens to approve a CSA No
with Glatting Jackson for professional services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed has being
true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council hereby authorizes and approves an agreement with The Trust for
Public Land, attached hereto as E�ibit "A" and incorporated herein by reference, to provide
professional services a parks and recreation ballot measure to be held in March 2003. The City
Council hereby approves expending no more that $20,000 for professional services relating to this
project.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any
court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not
affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
Date Prepared: November 22, 2002
Meeting Date: December 5, 2002
Resolution: 220, 2002
���_� : '
AGREEMENT OF PROFESSIONAL SERVICES
WITH THE TRUST FOR PUBLIC LAND
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is entered into by and
between The Trust for Public Land, a California non-profit corporation whose
address 306 North Monroe Street, Tallahassee, Florida 32301 ("TPL") and City of
Palm Beach Gardens, a political subdivision of the State of Florida, with an
address of 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 (the
« „
ity ).
RECITALS
WHEREAS, the City provides park and recreation facilities and services to the
general public and to the citizens of the City of Palm Beach Gardens; and
WHEREAS, the City wishes to be better informed regarding its citizens' desires
for parks, recreation and open space acquisition and development, and citizens'
support for public acquisition and development of parks, recreation facilities and
open space; and
WHEREAS, the City has requested that TPL provide technical assistance to the
City to study the feasibility of a parks and recreation ballot measure; and
WHEREAS, TPL, through its Conservation Finance program has substantial
experience in conducting public opinion research, drafting ballot language for
consideration by voters, and working in cooperation with public entities, such as
the City, on acquisition of open space and parks and is willing to provide similar
services to City of Palm Beach Gardens; and
WHEREAS, the City intends to compensate TPL for the provision of professional
services and the parties intend to memorialize the terms and conditions of such
agreement herein.
NOW, THEREFORE, in consideration of the matters recited above, the mutual
covenants set forth herein, and other good and sufficient consideration, the receipt
of which is hereby acknowledged, the parties agree as follows:
1. SCOPE OF SERVICES.
In connection with this Agreement, TPL shall provide technical
advice and assistance to the City in connection with the City's effort to develop a
program to finance the protection, acquisition, and development of parks and open
space lands and/or possible ballot measures for consideration by the voters of City
of Palm Beach Gardens. Specific services include:
a. Feasibilit� Research: TPL, with assistance from City of Palm
Beach Gardens staff will undertake feasibility research for a land conservation
ballot measure. Information to be compiled as part of the feasibility research
would include: an analysis of requirements for placing a measure on the ballot,
including election and ballot language requirements; the election history of past
finance and other ballot measures in City of Palm Beach Gardens, including
measures for park and open space funding; and bond financing costs, including
annual debt service, millage rate increases, and annual average impact on taxpayers
for different bond amounts.
b. Public Opinion Research: TPL will conduct public opinion
research to determine City of Pa�m Beach Gardens voters' desires and support for
parks, recreation, and open space acquisition and development. TPL will be
responsible for issues identification, pollster selection, questionnaires and sample
design, and analysis of issues. Upon completion of such research, TPL shall
deliver its findings to the City.
c. Pro�ram Recommendations: TPL will make specific
recommendations to the City for amount and duration of financing, expenditure
priorities, public accountability, and ballot language for a ballot measure.
3. PROFESSIONAL FEES
a. City agrees to pay TPL, as professional fees, a sum not to
exceed $15,000.00 upon completion and delivery to the City of the findings of the
public opinion research.
2
b. City agrees to pay TPL, as professional fees, a sum not to
exceed $5,000.00 upon completion and delivery of the program recommendations
to the City.
c. The parties agree that the City shall not be liable to TPL for any
expenses paid or incurred by TPL in the furtherance of its obligations under this
Agreement, unless otherwise agreed to in writing by the parties.
4. STATUS AS INDEPENDENT CONTRACTOR
TPL shall operate as an independent contractor and not an agent, employee
or assign of the City. In its capacity as an independent contractor, it is understood
that TPL sha11 not be treated as an employee or assign of the City for purposes of
unemployment or workers compensation benefits, nor for state or federal tax
purposes. Furthermore, this agreement does not create a partnership relationship
between the City and TPL, and is intended solely to establish the relationship of
independent contractor and client.
5. CONTACT PERSONS
The Contact Persons for the parties shall be:
a) The TPL employee responsible for administering this
Agreement shall be Will Abberger, Associate Director of Conservation Finance,
whose address is 306 North Monroe Street, Tallahassee, Florida 32301, and whose
phone number is (850) 222-7911 (ext. 23).
b) The City's primary liaison with TPL shall be J. E. "Jack"
Doughney, whose address is 10500 N. Military Trail, Palm Beach Gardens,
Florida, and whose telephone number is (561) 799-4114.
6. GENERAL TERMS
a. This Agreement sha11 be governed by and construed and enforced
in accordance with the laws of the State of Florida.
3
b. This Agreement may be executed in two or more counterparts,
each of which shall be deemed to be an original, and a11 of which counterparts
together sha11 constitute but one and the same instrument.
c. All of the terms, covenants and conditions of this Agreement
shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, legal representatives, successors and assigns.
d. Each provision of this Agreement is severable from any and all
other provisions of this Agreement. Should any provision of this Agreement be for
any reason unenforceable, the balance shall nonetheless remain in and be of full force
and effect, but without giving effect to such provision.
e. Neither the failure of either party to exercise any power given
such party hereunder or to insist upon strict compliance by the other party with its
obligations hereunder, nor any custom or practice of the parties at variance with
the terms hereof shall constitute a waiver of either party's right to demand exact
compliance with the terms hereof.
f. This Agreement constitutes the entire agreement between TPL
and the City pertaining to the subject matter contained herein and supersedes all
prior and contemporaneous agreements, representations and understandings. No
supplement, modification, or amendment of this Agreement shall be binding unless
executed in writing by all of the parties.
IN WITNESS WHEREOF, each of the parties hereto has caused this
Agreement to be executed and sealed by its duly authorized signatory(ies) on the date
set forth below.
0
Signed, sealed and delivered
in the presence of:
Witness
City of Pa1m Beach Gardens,
a Political Subdivision of the State of Florida
�
Name:
Witness
Title:
Date:
5
Signed, sealed and delivered
in the presence of:
Witness
Witness
THE TRUST FOR PUBLIC LAND,
a California non-profit corporation
�
Date:
(CORPORATE SEAL)
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 25, 2002
Meeting Date: December 5, 2002
Resolution 223, 2002
Subject/Agenda Item: Palm Beach Gardens Medical Center Boundary Plat
[X] Recommendation to APPROVE
j ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
(Total)
City Attorneyi�� [ l APProved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [ ] Other
Submitted by:
� C �_ [ X ] Not Required
Sean C. Donahue, P.E.
Assistant City Engineer
Deqartment Director Affected parties Budget Acct.#:
( `Ij ,:. a ,,,., r l.
�,�UiYW�-��. l/w\�
Approv by: otified [ ] None
City Man er [] Not required
INC
CONSULTING QVIL ENGINEERS,
SURVEYORS &MAI'PERS
QVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATTON
SURVEY & MAPPING
GIS
"Partners For Results
Value ByDesign"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(5b1) 286-3883
Fax (561) 286-3925
www.lbf h.com
TO:
FROM:
DATE:
MEMORAND UM
Patricia Snider-City Clerk
Sean C. Donahue, PE
November 25, 2002
FILE NO. 99-406$
SUBJECT: Palm Beach Gardens Medical Center
We have completed our review of the plat for the referenced project prepared by
Wallace Surveying Corporation. The plat was reviewed for technical compliance
with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens
requirements. We have no other engineering concerns with this plat. Therefore,
we recommend its approval.
SCD/
P:�PBGMEMO\4068\4068zw.doc
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 223 , 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA , APPROVING THE PALM BEACH
GARDENS MEDICAL CENTER BOUNDARY PLAT AND, PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the Palm Beach Gardens Medical Center Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all the technical
requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends
the approval of the plat; and
WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and
WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of
the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and
correct and is hereby made a specific part of this Resolution.
SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar
of the Palm Beach Gardens Medical Center Boundary Plat consisting of two (2) sheets dated May
2002, prepared by Wallace Surveying Corporation, attached hereto as Exhibit "A."
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon adoption.
��
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
-2-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37, 2002
Subiect/A�enda Item:
Ordinance 37, 2002: Oakbrook Square Shopping Center PUD Amendment
Public Hearing (Continued) / Second Readin�: Mr. Bruce A. Arthur, of William Hamilton Arthur
Architects, Inc., agent for poron Valero and Equity One Realty & Management, Inc., is
requesting an amendment to a Planned Unit Development (PUD) for renovation of the 20.8-acre
Oakbrook Square Shopping Center site, including the addition of a new 6,000 square-foot retail
building alongside U.S. Highway One. The site is located at the northeast corner of PGA
Boulevard and U.S. Highway One.
[ X] Recommendation to APPROVE with conditions
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA Council Action:
Growth Management: [ ] Approved
Principal Planner
Talal Benothman Costs: $
� Project Total [] App. w/ conditions
City Attorne � Manager
Leonard Rubi , s. Jackie Ho o an $ [] Denied
Development Planner Cunent FY
Compliance� [ ] Continued to:
Bahareh Keshavarz-Wolfs, Funding Source:
AICP
Submitted by: � [ ] Operating - Attachments:
Advertised: X Other NA
Growth Man ge en �� • Tables 1& 2
Administrat � Date: • Ordinance 37, 2002
Charles K. Wu, AICP Paper: Palm Beach Post Budget Acct.#: • Administrative Approval
[ X] Required at 2"d NA • Ordinance 47, 1999
Reading, Public • Applicant's Letter
Approved by: Hearing • DRC Comments
City Manager • Traffic Statement
Affected parties: • Location Map
Ronald M erris ]-Notified • Excerpt U.S. One
[ ] Not Required Conidor Overlay Study
• Reduced Plans,
Renderings
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37, 2002
BACKGROUND
Oakbrook Square is an existing 20.8-acre shopping center that received site plan approval in
1973. The shopping center has been renovated several times including the addition of a second
floor to Jacobson's department store in 1987 and a 10,987 square-foot expansion to the Publix
grocery store in 1999. In recent years, several other changes have been made to the center that
included renovating the interior courtyard, refurbishing the fa�ade, constructing a porte cochere,
landscaping and parking lot improvements, and new corner signage. Outdoor seating was
approved previously at Roly's restaurant through Resolution 66, 1999. The site includes a free-
standing bank at the northwest corner along U.S. Highway One.
On October 14, 2002, an administrative approval was granted to allow the demolition of an entry
feature and a 10,008 square-foot retail building on the southwest corner of the courtyard, and to
allow the construction of a 35-car parking pocket with landscaping between Duffy's and the
existing courtyard retail shops to the north.
CONCURRENCY
The PUD was approved in 1973 prior to the inception of the concurrency requirement. Because
the total square footage of the shopping center has been reduced 4,008 square feet by the
approved demolition, the proposed site will generate fewer trips than the existing site. Should
the applicant desire to increase the square footage of the shopping center in the future, a new
application for traffic concurrency would have to be submitted and approved. Accordingly, staff
requests the City Council to direct staff to remove the trips resulting from this reduction off of all
affected roadway segments.
LAND USE & ZONING
The project is loca�ed within the PGA Boulevard Corridor Overlay District and the Northern
Palm Beach County U.S. One Corridor. In conjunction with the Publix expansion, the shopping
plaza was rezoned from CG-1 - General Commercial to a Planned Unit Development (PUD)
Overlay with an underlying zoning of CG-1 - General Commercial through the adoption of
Ordinance 47, 1999, with conditions and waivers. The site has a future land-use designation of
Commercial (C).
Please see attached Table 1 for details of the surrounding properties.
PROJECT DETAILS
Buildin�
Following the previously approved demolition of the existing 10,008 square-foot retail building
2
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37,2002
on the southwest side of the existing courtyard north of Duffy's, the courtyard will be opened to
a new 35-car parking pocket. A three-foot wall will be added between the outdoor cafe area and
the sidewalk. Access to the site will continue to be from the two existing entrances off of U.S.
Highway One on the west and PGA Boulevard (State Road 703) on the south. The gross floor
area of the project is as follows:
Existing Retail
Existing Bank Outparcel
Proposed Outparcel Building
Less Approved Demolition
Total Proposed Gross Floor Area
New Retail Buildin�
230,497.0 s.f.
3,531.0 s.f.
6,000.0 s.f.
-10,008.0 s.f.
230,020.0 s.f.
The applicant is proposing a new 6,000 square-foot outparcel retail building facing U.S.
Highway One that will feature drive-through and by-pass lanes on the north side of the building.
Immediately to the north of the new retail center, a new brick-paved pedestrian path will extend
from U.S. Highway One east across the existing parking lot to the existing retail building. There
will be one row of 90-degree parking on the west side of the new building. A loading zone will
be provided at the rear of the building, along with an enclosed screened dumpster area.
The City's Comprehensive Plan encourages development along U.S. Highway One that
conforms with the Northern Palm Beach County "Seven Cities Plan," which advocates, in part,
positioning buildings closer to the street with fa�ades, doors, and windows facing the street. The
applicant believes the proposed plan conforms with the intent of the "Seven Cities Plan" for U.S.
Highway One in Northern Palm Beach County (copy of excerpt attached).
Although the new retail center is not positioned directly on the street as suggested by the "Seven
Cities Plan," staff believes the proposed building and additional landscaping will provide an
aesthetically pleasing buffer within the parking lot.
Architecture
New storefronts are proposed for the existing west elevation and will feature entry doors,
windows, and burgundy awnings above each door and window opening. The existing south
elevation of the main retail area facing Duffy's will be modified according to the overall
courtyard west elevation and will feature a new tower element with barrel tile roof on the west
side in front of an existing optical shop. Duffy's north elevation will remain the same, except for
the removal of a large awning. The applicant is proposing the addition of windows for the first
floor of the northwest corner of the former Jacobson's building.
3
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37, 2002
The proposed 100' x 60' retail building will feature decorative towers at the north and south ends
and will have an authentic barrel mission tile roof. The north elevation will feature a drive-
through window for a financial-type business. The south elevation will feature three windows
with built-up stucco finish bands above the windows. The west elevation facing U.S. Highway
One will feature the main entries to the five tenant bays and will have pre-cast columns to match
the existing columns surrounding the courtyard of the main retail area. The east elevation facing
the existing shopping center will have a matching centered tower, entrances for employees, and
decorative light fixtures beside each doorway.
Exterior Building ColoYs
The fa�ade color scheme will be earth tones with the main walls to be sand finish stucco painted
Sherwin-Williams Nantucket Dune SW 2006. Highlights, banding, and cornices will be coarse-
finish stucco, colored Sherwin Williams Mustard Field SW 2341. Plinths will be sand-finish
stucco colored Sherwin Williams Maison Blanche SW 2067. Burgundy awnings will be used for
selected doors and window openings in the existing and proposed elevations.
As a condition of approval, the color scheme proposed for the new retail center will be extended
throughout the existing retail area, including the major anchor tenant building (formerly
Jacobson's) on the north end.
Si��
The applicant is seeking approval for the location of wall signage for the west elevation of the
new retail center facing U.S. Highway One, as well as the west elevation of the existing fa�ade,
in backlit red channel letters, as allowed by Section 78-285 of the Land Development
Regulations. One sign per tenant space or bay is permitted. The applicant has submitted a tenant
master signage program for the proposed and existing buildings, which will be processed as a
separate petition that will require approval by City Council.
Landsc�ing/Bu, f erin
In order to reduce the non-conformities of the existing landscaping, the applicant is proposing to
install new code compliant landscape islands throughout the parking lots with the exception of
the existing Publix parking area and the rear (east side) of the shopping center. The applicant is
also increasing the width of the west buffer for a distance of 285 linear feet along U.S. Highway
One from the previously approved five-foot width to a width that ranges from 12 feet to 30 feet.
The courtyard will be maintained as it exists, but will receive additional landscape
enhancements. The six landscape planters alongside Duffy's north wall will remain.
4
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37, 2002
Median Landscaping
Landscaping within U.S. Highway One already exists on the north median, which is maintained
by the property owner. As a condition of approval, the City Forester is requesting that the same
landscape theme, irrigation system, and maintenance be provided within the south median.
Art in Public Places
The applicant may provide additional art on site in lieu of paying the required Art in Public
Places fee. The art, if any, shall be approved and installed prior to issuance of Certificate of
Occupancy.
Draina�e
A conceptual paving, drainage and grading plan has been submitted by the engineer of record
that indicates the site will drain away from U.S. Highway One. All new impervious area will be
contained and treated on-site prior to discharge to the existing storm water management system.
As a condition of approval, the City Engineer is requiring the applicant provide to the Florida
Department of Transportation (FDOT) a 20-foot wide drainage and maintenance easement from
the right-of-way of U.S. Highway One to the right-of-way of the canal to the east side of this
project for the purposes of draining the U.S. Highway One right-of-way. The applicant shall
coordinate with the FDOT for the iinal location of the easement.
Parkin
Based on the uses within the shopping center, 1,057 parking spaces are required; and the
applicant is proposing a total of 1,080 parking spaces. Because this is an existing older shopping
center, 189 of the existing parking spaces have a width less than the 10' x 18.5' required by
today's LDRs. The applicant is requesting that those non-conforming spaces be allowed to
remain and is requesting that a waiver be granted to allow 132 additional spaces at 9.5' x 18.5'.
This would result in a total of 321 non-conforming spaces and 759 conforming spaces, for a total
of 1,080 proposed spaces.
Previouslv Approved Waivers
Several waivers were granted previously through the adoption of Ordinance 47, 1999, to allow a
building height of 39' 10" for the Publix fa�ade peak; to allow 30 existing bicycle parking spaces
to remain instead of the required 59; to allow Publix to have a second 36" sign facing PGA
Boulevard; to allow 34 parking spaces to be a distance more than 40 feet from a tree; to allow the
existing non-native vegetation to remain; to allow the existing five-foot buffers on the north,
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37, 2002
south, and west sides, and the 10-foot existing buffer on the east, to remain; and to allow the
existing carrotwood trees on the east property line to remain.
The applicant is requesting all existing waivers, which were granted by Ordinance 47, 1999,
remain in effect except for an amendment to the existing waiver that allows a five-foot buffer
instead of the required 15-foot buffer on the west side along U.S. Highway One. The applicant is
proposing to decrease the non-conformity of this buffer, which will range from 12 to 30 feet
wide for a distance of 285 linear feet. Please see Table 2 attached for project consistency with
the code standards.
Waivers
The applicant is requesting a waiver from Section 78-344(1)(1.)(a), which states a standard
parking stall shall be a minimum of 10' x 18.5', to allow 321 of the 1,080 parking spaces to be
9.5' x 18.5'. The applicant is also requesting a waiver from Section 78-427(b)(1) which requires
plat approval prior to issuance of building permit.
Furthermore, the applicant is requesting to amend a previously-granted waiver from Section 78-
319(a)(1), Minimum Landscape Buffer, that will reduce the non-conformity of the west five-foot
landscape buffer along U.S. Highway One as described above. A 15-foot buffer is required, and
the previous waiver granted a five-foot wide buffer. This waiver is being amended to allow 237
linear feet at a 12-foot width and 1,214.5 feet to remain at a five-foot width along U.S. Highway
One. Forty-eight feet of frontage will meet or exceed the 15-foot required buffer.
Code Section Required Existing Proposed Waiver Recommendation
Section 10' x 18.5' 189 spaces 321 additional Staff Supports (1)
78-344(1)(1)(a), vary from spaces at .5' to 1'
Minimum Parking 9.0' x 18.5' 9.5' x 18.5'
Stall Dimensions to
9.5' x 18.5'
Section 78- West buffer: 5' depth 237' at 12' 3' to 10' Staff Supports (2)
319(a)(1), Buffer 15' width; and (waiver
Minimum 1,214.5' at 5' amendment)
Depth width
Section 78- Prior to None Prior to To allow Staff Supports (3)
427(b)(1), Plat issuance of issuance of prior to
Approval Required Building Certificate of issuance of
Permit Occupancy C.O.
C.O.)
�
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37,2002
(1) Staff supports the waiver request because the reduction is in compliance with Figure 16,
Table 32, Minimum Parking Bay dimensions for Nonresidential Uses of the LDRs, and
the required 25-foot drive-aisle width has been provided. This type of waiver has been
granted by City Council in the past.
(2) Staff supports amending this previously-approved waiver request because the non-
conformity will be lessened. Increasing the width of the buffer beyond the proposed
width for the entire length of the frontage would eliminate necessary parking.
(3) Staff and the City Engineer support allowing the applicant this additional time in which
to prepare and process a plat for this development, since this has been allowed in the past
when extenuating circumstances delayed the process.
OUTSTANDING ISSUES
Citv Engineer Comments
The attached letter dated October 10, 2002, from LBFH, Inc., noted several outstanding issues
relative to parking space width, paving section detail, parking lot modifications, and the amount
of exfiltration trench provided. The applicant responded in a letter dated October 11, 2002, that
all these items have been addressed either by them or their engineer. Any remaining outstanding
issues, if any, shall be resolved to the satisfaction of the City Engineer prior to issuance of the
building permit.
SUMMARY OF PLANNING AND ZONING COMMISSION COMMENTS
At the public hearing held on August 27, 2002, the Planning and Zoning Commission voted 7-0
to recommend approval of Petition PUD-02-03 with one waiver and 16 conditions of approval.
CITY COUNCIL ACTION
October 3. 2002
At the City Council meeting of October 3, 2002, it was the consensus of the Council that the
Growth Management Administrator may grant an administrative approval for the demolition of
the 10,008 square foot building and construction of a 35-car parking pocket on the southwest
corner of the courtyard, since this part of the project fell under the threshold of a major
amendment. (The administrative approval with 14 conditions was granted on October 14,
2002.)
7
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37, 2002
It was the consensus of City Council to schedule this petition as an item of discussion for the
October 17, 2002, meeting in order for the petitioner to update the Council on the changes being
made to the elevations of the proposed outparcel building.
Furthermore, the Council voted 3-1 to approve Ordinance 37, 2002, on first reading as presented
by staff and to schedule the second reading and public hearing for November 7, 2002.
October 17, 2DD2
At the meeting of October 17, 2002, the applicant presented Council with a rendering of
proposed changes to the rear of the outparcel building. However, Council was still dissatisfied
with the appearance of the building and suggested, among other things, a covered walkway
surrounding the building and a canopy above the drive-through on the north side of the building.
Additional landscape treatments were also suggested for the north side of the building.
November 7. 2002
At the public hearing and second reading on November 7, 2002, with four council members
present, Council voted to continue the public hearing until December 5, 2002. It was the
consensus that the applicant needed to develop a better plan for renovations to the shopping
center and relocate the proposed out building closer to the existing center. The applicant has
made no changes to the site plan.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 37, 2002, with two waivers, an amendment to a
previously approved waiver, and with conditions of approval. Staff also requests the City
Council to direct staff to remove the trips resulting from the proposed reduction off of PGA
Boulevard and off of other affected roadway segments.
�3
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37, 2002
'. LLiULL' !�
CONSTSTENCY WITH THE
Code Requirement Proposed Plan '
General Commercial General Commercial
CG-1/PUD Overlay CG-1/PUD Overlay
O en S ace - 15% minimum 16%
Minimum Building Site 20.8 acres
1 Acre
Maximum Building Lot Coverage —
35% 26%
Maximum Height Limit — 36 feet 30 feet
Setbacks:
Front (PGA Blvd.) — 50 ft. Front (PGA Blvd.) — 190' 11"
Side (Hidden Oak) — 15 ft. Side (Hidden Oak) — 55'
Side Facing St. (U.S. 1) — 40 ft. Side Facing St. (U.S. 1) — 55'
Rear (Golden Bear) — 15 ft. Rear (Golden Bear) — 307'
Parking:
Number Required — 1,057 1,080 spaces
Bicycle Parking:
5% of required parking (1057) = 53 Existing spaces — 30
spaces
Ground Signs:
Number Allowed — 3 3 existing — Oakbrook
(1 for 300' of ROW frontage, + 1
per additiona1700 feet ROW 1 existing - Bank
frontage)
Wall Signs:
1 per tenant space or bay. New Retail Center 1 per tenant
Must face ROW or primary Exisring Center — 1 per tenant
entrance
Publix — 2 exisring
10
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37, 2002
Compliance?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Waiver granted 12/99 to allow 30
existing spaces to remain
Yes
Granted Variances 11/5/92 &
1/11/84
Yes
Yes
Publix granted waiver 12/99
Date Prepared: November 14, 2002
Meeting Date: December 5, 2002
Ordinance 37,2002
Code Requirement Proposed Plan Compliance?
Landscaping: Existing Buffers: Waivers granted for all existing
Buffers: North = 5' buffers in 12/99 (Ord. 47, 1999)
North (PO) = 8' South = 5'
South (PGA Blvd.) = 15' East = 10'
East (Residential) = 15'
West (U.S. 1) = 15' West Existing: 5' width West: Decreasing non-conformity
West Proposed: 237' at 12' width; for 285' linear feet along
48.0' to exceed 15' width; U.S. Hwy. One
1,214.50' to remain at 5' width.
Landscape Islands: Every 9 spaces Every 9 spaces except Publix yes, except for Publix parking
parking area area.
Waiver granted in 12/99 allowed
34 existing parking spaces that
were more than 40 feet from a tree
to remain as they were.
G/Jackie/PUD-02-03 stf CC 12 5 02 contd ph.doc
Attachments
11
Date Prepared: November 14, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 37, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF AN AMENDMENT TO THE OAKBROOK
SQUARE SHOPPING CENTER PLANNED UNIT
DEVELOPMENT (PUD) BY ADDING A NEW 6,000 SQUARE-
FOOT RETAIL BUILDING ALONGSIDE U.S. HIGHWAY
ONE AND RENOVATING THE EXISTING BUILDINGS,
LOCATED AT THE NORTHEAST CORNER OF PGA
BOULEVARD AND HIGHWAY U.S. ONE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Palm Beach Gardens received an application (PUD-02-03) from Doron
Valero and Equity One Realty & Management, Inc., for approval of an amendment to a previously-
approved Planned Unit Development (PUD) (Ordinance 47, 1999), known as Oakbrook Square
Shopping Center, to allow the renovation of the site and the addition of a new 6,000 square-foot
retail building alongside U.S. Highway One, located at the northeast corner of PGA Boulevard and
Highway U.S. One, as more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the Growth Management Deparhnent has reviewed said application and determined that
it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said application and determined that
it is consistent with the City's Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Planned Unit Development (PUD) Overlay has an underlying zoning of CG-1-
General Commercial and a land use designation of Commercial (C); and
WHEREAS, on August 27, 2002, the City's Planning and Zoning Commission reviewed said
application and recommended its approval, including requested waivers, subject to conditions of
approval; and
WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest
of the citizens and residents of the City of Palm Beach Gardens.
Date Prepared: November 14, 2002
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
SECTION 1: The faregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2: The City Council hereby approves the application of Doron Valero and Equity One
Realty & Management, Inc., for an amendment to Oakbrook Square Shopping Center Planned Unit
Development, located at the northeast corner of PGA Boulevard and Highway U.S. One.
SECTION 3: Said amendment to the Planned Unit Development is approved subject to the
following conditions, which shall be the responsibility of the applicant, its successors or assigns:
1. If the applicant proposes to provide art on site in lieu of paying the required fee, the art shall
be approved and installed prior to issuance of Certificate of Occupancy. (Art Advisory
Committee Liaison)
2. No drive-through facilities shall be allowed at the new out parcel building except as an
accessory use to a bank or other financial establishment. (Development Compliance Officer)
3. Root barriers shall be installed where Oak trees are planted along the west property line at
U.S. Highway One. (City Forester)
4. Within six months of demolition permit issuance, the south median in U.S. Highway One
opposite the shopping center shall be landscaped, irrigated, and maintained by the property
owner in a manner consistent with the median immediately to the north, to the satisfaction of
the City Forester. (City Forester)
Prior to the issuance of the first Certificate of Occupancy, all existing buildings shall be
painted to match the approved colors for the new retail building, and all awnings shall be
solid burgundy color in accordance with the approved building color scheme. (Development
Compliance)
6. Required digital files of approved plat and approved civil engineering and architectural
drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first
Building Permit. (GIS Manager and Development Compliance)
7. Prior to issuance of the first Certificate of Occupancy, roof-top screening compatible with the
existing and proposed architecture and color scheme shall be required on the new out parcel
building and the remaining retail building on the west side of the courtyard. The screening
shall be sized to the same height as the mechanical equipment on the roof. (Development
Compliance)
2
Date Prepared: November 14, 2002
8. All new roof tiles, including the retail outparcel, shall either match or be compatible with that
of the existing roof tile at Publix or Jacobson's, as determined by Growth Management staff.
(Development Compliance)
9. Prior to issuance of the first Certificate of Occupancy, the brick-paver pedestrian path,
located at the north of the new retail center, shall be continued from the U.S. Highway one
sidewalk to the south end of the existing west retail building. (Development Compliance)
10. Prior to issuance of certificate of occupancy, the plat for the site shall be approved by City
Council. (City Engineer)
11. Within 45 days of approval of this ordinance, the applicant shall provide to the Florida
Department of Transportation (FDOT) a 20-foot wide drainage and maintenance easement
from the right-of-way of U.S. Highway One to the right-of-way of the canal to the east side
of this project for the purposes of draining the U.S. Highway One right-of-way. The
applicant shall coordinate with the FDOT for the final location of the easement. (City
Engineer)
SECTION 4: The following waivers are hereby granted with this approval:
l. A waiver from Section 78-344(1)(1.)(a), Parking Stall and Bay Dimensions of the Land
Development Regulations, which requires parking stalls to be 10' x 18.5', to allow for 321
parking stalls to be 9.5' x 18.5'.
2. A waiver from Section 78-427(b)(1), which requires plat approval prior to issuance of
Building Permit, to allow plat approval prior to issuance of Certificate of Occupancy.
SECTION 5: The City Council hereby amends Ordinance 47, 1999, Section 3.F., to increase the
width of the previously approved west buffer alongside U.S. Highway One from five feet to 12 feet
wide for a distance of 237 linear feet, and to allow 1,214.50 feet to remain at a five-foot width,
pursuant to Section 78-319(a)(1), Minimum Landscape Buffer, which requires a 15-foot buffer. All
other provisions of Ordinance 47, 1999, shall remain in full force and effect to the extent not
modified herein.
SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit development shall
be in compliance with the following plans on file with the City's Growth Management Department:
1. . Cover Sheet CVS, Proposed Site Plan SP-1, Blown-Up Site Plan SP-2, Site Parking Details
SP-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor Plan A-1, Proposed Roof
Plan A-2, Proposed Exterior Elevations A-3, Existing Retail Building West Elevation and
Proposed West and South Elevations A-1, Existing Courtyard/Retail Building Elevations A-2
dated October 28, 2002, by William Hamilton Arthur Architect, Inc.
Date Prepared: November 14, 2002
2. Landscape Plans LA-land LA-2 dated October 28, 2002, by Dixie Landscape.
3. Overall Shopping Center Construction Plans and Specifications Sheets C 1-C7 dated October
7, 2002, by Creech Engineers, Inc.
4. Land Title Survey for Equity One, Inc., Sheets 1 and 2, dated January 31, 2002, by Wallace
Surveying Corporation.
5. Color and materials sample board dated September 19, 2002, by William Hamilton Arthur
Architect, Inc.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
SECTION 8: This approval expressly incorporates and is contingent upon representations made by
the applicant's agents at all workshops and public hearings pertaining to this project.
SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 10: This ordinance shall become effective upon the day of adoption.
PASSED, FIRST READING
this 3rd day of October , 2002.
PASSED, SECOND READING this day of , 2002.
PASSED, ADOPTED AND APPROVED this day of
4
►. IZI ►.
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
G/jholloman/oakbrook sq/PUD-02-03 Ord 37 2nd rdg.doc
Date Prepared: November 14, 2002
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE
as to form.
LEONARD RUBIN, CITY ATTORNEY
AYE NAY ABSENT
EXHIBIT "A"
PROPERIY ADDRESS:
11566 and 11710 U.S. Hiqhway One
North Pa/m Beoch. FL. 33408
LFGAL DESCRIPTION:
PARCEL l
Commenciny at the Southwest comer of the Northwest Quorter of
Section 4, Township 42 South, Range 4.'; Fast; thence becr North
89 deyrees.57 minutes. 20 seconds East. along the South line of
svid Northwest Quorter of Section 4. a distance of 7,101.47 feet
to the intersection ther�eof with the Eoster rrght—of—way line
of State Road No. 5(U.S. Mrghwoy No. 1� thence, North 12
deyrees, 00 minutes. 47 seconds East. alon� soid Eosterly
right—of—wvy line of Stote Road No. 5, o d�stance of 50.50 feet
to the intersection thereof with tha Northe�y right—of—woy line
of Stvte Road No. 703 cnd the POIM OF BEG/NN/NG; thence
continue Norfh 12 deqrees, 00 rninutes. 47 seconda East, along
said Eosterly right—of—way of State Road No. 5, a dstonce of
736.56 feet; thence South 78 degmes, 00 minutes, 51 seconds
East a distance of 590.67 feet to the intersection thereof with
a line porvllel wilh ond 590.67 feet Eastery from, os mevsured
at right ong/es to, the said Eastery right—of—way of State Road
No. 5; thence South 12 degrees, 00 minutes, 47 seconds West,
olong said pvralbl rne, o distance of &13.19 feet to the .
intersection thereof with soid Norther1y right—of-woy line of
State Road No. 703; thence North 89 !: degrees, 48 minutes, 38
seconds West. olonq said Northerfy right—of—woy line of Stote
Road No. 703, a distance of 603.47 feet to the PO/NT OF
BfG/NNING.
PARCEL 2
Commencing ot the West Quarter corner of Section 4, Township 42
South, Ranqe 43 East, Po/m Beoch County, Florida; run thence
olong the East cnd West Quorter SecUon line of said Section 4,
Norfh 89 degrees 57 m;�utes. 20 seconda Eost 1.101.47 feet, more
or less. to the Evsterly line of o public right—of—way, known vs
State Road 1Vo. 5 and/or U.S. Highway No. 7; thence afony soid
Easterty right—of—way line North 12 degrees, 00 minutes, 47
seconds Eost 787,06 feet to the POINT OF BEGINNING; continue
thence Noi-th f 2 degroe,i, 00 minutes, 47 seconds East 762.94
feet; thence o/ong o line parallel with the Eost and West
Quorter Section Lina of soid Section 4 North 89 deqrees. 57
minutes, 20 seconds Eost 603.99 feet to the Westerly boundary
►ine of Hidden Key North; thence along said boundory line South
12 degrees, 00 minutes, 47 seconds West 888.83 feet; thence
North 78 00' 51 ' West 590.67 feet to the POINT OF BEGINN(NG.
Together with a non—exclusive easement for drainvge purposes
over, ocross ond under the follow;ng desGribed pvrcels:
DRAINAGE PARCEL 1
A pa�cel of /ond lyiny in the Northwest quarter of Section 4,
Township 42 Sou#h, Ronqe 43 East, Palm 8eoch County, Florido,
6eing more porticulor/y described os follows:
From the intersection of the Eosteriy right—of—way rne of U.S.
Highway No. 1(Stafe Road No. 5) with the South line of the
Northwest quarter of said Section_ 4, run North 12 degrees. 00
minutes, 47 seconds Fost alony soid EosteNy right—of—woy line,
o distance of 1,550.00 feet; thence Norfh 89 degroes, 57
minutes, 20 seconds East a distonce of 582.89 feet to the POIIYT
OF BEG/NNING; thence North 44 degrees, 35 minutes, 16 seconds
Fost v distonce of 26.39 feet; thence North 89 degrees, 57
minutes, 20 seconds Eost a distance of 73.65 feet; thence South
00 deg�ees, 02 minutes, 40 seconds East a di9tance of 12.00
feet; thence South 89 degrees, 57 minutes, 20 seconds West c
clistonce of 68.63 feef; thence South 44 degrees, 35 minutes, 16
seconds West a distance of 9.53 feet; � thence Soulh 89 degrees.
57 minutes, 20 seconds WesE o disionce of t 6.86 feet to the
POINT OF BEGlNNlNG; less any portion oi soid percel which moy
�ie Fast of the Weste�n boundary rne of Mdden Key North,
according to the plat thereof, recorded in P/ot 800k 28, Po e
129, of the Public Records of Palm Beoch County, Florido. 9
DRA►NAGE PARCEL 2
The West hvlf of fhe South 783.56 feei of the following
right—of—way: �
A strip of lond forty—eight (48) feet in width lyrng twenty
four (24) feet on evch side of the followrng described
centerrne:
Begin ot the Northeast corner of Loi 13, Hidden Key. according
to the P/at thereof. os recor�ded in Plvt 800k 27, Poge 243;
thence run Northerly, olong the Westem boundory /ine of Hidden
Key North, occorcling to the Plot thcreof recorded in Plot Book
28, Poge 129, of the Public Records cf Polm Beoch County,
Florido. o distonce of 1, 721,13 feet, moro or les.i, to the
Northwest corner of Lot 18 of Hidden Key North; thence olong
the Northern boundory lir�e af Hidden Key NortP� to the Northeost
corner of Lot 17 and the waters of LiKtle Loke Worth ond the end
of so;d center line.
�°��� -
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. :�,
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410-4698
October 14, 2002
Mr. Bruce A. Arthur, Architect
William Hamilton Arthur, Architects
800 Douglas Entrance, Suite 303
Coral Gables, Florida 33134
Re: Administrative Approval: Petition ADMIN-02-76
Oakbrook Square Retail Building Demolition and Parking Lot Construction
Dear Mr. Arthur:
As directed by City Council at the meeting on October 3, 2002, City staff has reviewed the
above-referenced petition for administrative approval for the following:
• Demolition of a 10,008 square-foot single story retail building along the southwest side of
the existing courtyard;
• Removal of adjacent covered walkways, roof structures and sidewalk;
• Removal of entire archway entry feature; and
• Construction of a 35-car parking pocket with landscaping.
Administrative approval is hereby granted to Petition ADMIN-02-76, pursuant to Section 78-
48(g), Site Plan Review, Administrative Site Plan Changes, of the City's Land Development
Regulations.
This approval shall be in accordance with the following conditions:
1. Construction trailers visible from public rights-of-way shall be screened and shall comply
with all building and land development regulations. (Planning and Zoning)
2. When not in use, all equipment stored on site shall be "folded up" to its smallest possible
size to reduce visibility to the extent possible. (Code Enforcement)
3. Provisions shall be made to alleviate the spread of debris, dirt and dust to the adjacent
tenants. The property shall be kept as clean as possible at all times. (Code
Enforcement)
4. Any asbestos removal shaVl be performed by a licensed abatement company prior to any
demolition work. (Building Division)
5. Barricades shall be provided during demolition and parking lot construction where
required to protect the public. (Police Department)
6. All debris and materials shall be disposed of off the site in a legal manner. (Code
Enforcement)
Petition ADMIN-02-76
October 14, 2002
Page 2 of 3
7. Any existing surfaces, materials or other items that have been damaged or disturbed as
a result of this demolition shall be restored as required to be contiguous to existing
surrounding surfaces. (Development Compliance)
8. All demolition work shall be perFormed with minimum damage to the existing structures
that remain. (Building Division)
9. AIV existing courtyard landscaping, brick pavers, lighting, and works of art shall remain
undisturbed and shall be protected from debris. (Development Compliance)
10. Prior to the issuance of the building permit for this project, the applicant shall submit to
the City the sum of $22,000 for surety. (City Forester, City Engineer, Finance)
11. Prior to final inspection, four sabal pa{m trees shall be added to the walkway south of the
Optical Shop, Chez Cheri, and J. Georgine, in front of the parking area to the satisfaction
of the City Forester. (City Forester)
12. Parking lot diamond planters shall not contain asphalt or road base/shell rock within
curbed planting area. (City Forester)
13. Parking lot diamond planters shall each contain root barriers and shall be irrigated prior
to final inspection. (City Forester)
14. The applicant shall comply with all outstanding comments, if any, contained in a letter
dated October 10, 2002, from the City Engineer prior to issuance of the
demolition(building permit. (City Engineer)
Furthermore, this approval shall be in accordance with the following plans on record in the
Growth Management Department for future reference:
1. Coversheet, Sheet Index, Demolition Site Plan & Notes SP-D; Overall Site Plan, Site &
Parking Data SP-1; Parking Pocket Plan & Site Details SP-2, by William Hamilton Arthur
Architect, Inc., received 10/14/02.
2. Demolition Floor Plan D-1; Photographs and Demo Legend D-2; Parking Pocket Lighting
& Photometrics SP-E; Existing Retail Building West Elevation and Proposed West and
South Elevations A-1, by William Hamilton Arthur Architect, Inc., dated 10/02/02 and
received 10/8/02.
3. Landscape Plans LA-1 and LA-2 by Dixie Landscape, dated 10/07/02.
Petition ADMIN-02-76
October 14, 2002
Page 3 of 3
If you have any questions, please feel free to contact Jackie Holloman, Planner, at 799-4243.
Very truly yours,
/� � / '
Charles Wu, AICP
Growth Management Administrator
cc: Ronald Ferris, City Manager
Leonard Rubin, City Attorney
Talal Benothman, AICP, Principal Planner
Jackie Holloman, Planner
Jack Hanson, Building Official
Bahareh Wolfs, AICP, Development Compliance
Kelvin Wise, Code Enforcement Administrator
James FitzGerald, Police Chief
Sean Donahue, City Engineer
glJackie/ admin-02-76 approval Itrdemolition.doc
December 1,1999
November 18,1999
ORDINANCE 47,1999
AN ORDINANCE OF THE CITY COUNCII, OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR
APPROVAL OF THE APPLICATION OF OAKBROOK
SQUARE SHOPPING CENTER CORPORATIO FOR
REZOIYING OF A 20.35-ACRE SITE FROM CGI, GENERAL
CONIlI�RCIAL, TO PUD, PLANNED iJNIT DEVELOPMENT,
AND APPROVAL OF THE RENOVATION AND 10,987
SQUARE- FOOT EXPANSION OF A PUBLIX GROCERY
STORE AT THE OAKBROOK SQUARE SHOPPING
CENTER; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gazdens received an application from the Oakbrook
Square Shopping Center Corporation for rezoning of 20.35 acres of land located at the northeast
corner of PGA Boulevard and U.S. Highway One, as more particularly described in Exhibit "A"
attached hereto, to PUD, Planned Unit Development; and
WHEREAS, this project received orig-inal Site Plan approval on December 7, 1973, by the
Site Plan Review Committee under existing CG-1 zoning; and
WHEREAS, the 20.35 acres of land involved are presently zoned as CG-1, General
Commercial, with a land use designation of Commercial; and
WHEREAS, the City's Growth Management Department has recommended appraval of the
renovation and 10,987 squaze-foot expansion of a Publix Grocery Store at the Oakbrook Square
Shopping Center and rezoning of the entire site from CG-1 to PUD; and
WHEREAS, the Growth Management Department has reviewed said application and
determined that it is consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WI�REAS, the City's Planning and Zoning Commission has recommended approval of ttris
petition subject to several conditions.
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves the appli�ation of Oakbrook 5quare Shopping Center Corporation for rezoning of 20.35
Ordinance 47,1999
Publix at Oakbrook Square
acres located on the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference; from CG-1
General Commercial to Planned Unit Development, and for the approval of the renovation and
10,987-square foot expansion of a Publix grocery store at the Oakbrook Square shopping center.
SECTION 2. Said Planned Unit Development is approved subject to the following
conditions which shall be the responsibility of the applicant, its successors and/or assigns:
All approved landscaping shall be installed prior to final building inspection approval.
2. The petitioner shall install additional landscaping in the U.S. 1 median, subject to the
approval of the City Forester.
3. The applicant, or its successors and/or assigns shall maintain all landscape improvements
located in the right-of-way adjacent to the property along PGA Boulevard and U.S. Highway
One, per the approved landscape plans.
4. Americans With Disabilities Act (ADA) and Florida Accessibility Code for Building
Construction of 1997 access shall be provided along the PGA Boulevard entrance driveway
as shown on the site plan, prior to final building inspection.
SECTION 3. The following waivers are hereby granted with this approval:
A. Waiver from LDR Section 118-206(� Building Height Limit. "No structure shall
exceed 36 feet in heighY', to allow a building height of 39' 10" at Publix's peak.
B. Waiver from LDR Section 118-539 Number of Bicycle Parking Spaces Required.
"A shopping center shall provide bicycle parking spaces equal to 5% of its required
vehicular parldng", to allow the 30 existing spaces to remain instead of increasing the
number of spaces to 59.
C. Waiver from Section 110-37(c) Flatfwall signs, which states, in part, the letter height
of a second sign on another elevation shall not exceed 24", to allow the letter height
of the second sign (facing PGA Boulevard) to be 36" in height instead of 24".
D. Waiver from Section 98-68(a) Parking areas, of the Landscape and Vegetation
Protection Code, which states that every parking space shall be within 40 feet of a
tree, to allow the existing 34 spaces which are more than 40 feet from a tree to
remain as they are and not be required to plant additional trees.
2
Ordinance 47,1999
Pu6lix at Oak6rook Square
E. Waiver from Section 98-72(c) P[anting, which states that 90 percent of the landscape
materials in areas that are designated to be in the Coastal Zone will be native species,
to allow the existing non-native vegetation to remain.
F. Waiver from Section 98-72(a) Planting, which states a landscaped buffer shall be a
minimum of eight feet in depth around the perimeter of a parcel; provided, however,
that a landscaped buffer of 15 feet in depth shall be required on lands located
adjacent to public street right-of-way, to allow the existing 5' buffers on the north,
south, and west sides, and the 10' existin� buffe� on the east to remain.
G. Waiver from Section 98-71(a) Prohibited plants; removal of invasive nonnative
plants, which states, in part, that carrotwood (cupaniopsis anacardioides) trees shall
be removed from all open space in their entirety from the entire site, to allow the
existing carrotwood trees on the east properly line to remain.
SECTION 4. The renovation and expansion to the Publix grocery store within the
Planned Unit Development shall be in compliance with the following plans on file with the
City's Growth Management Departtnent:
✓ 1.
✓ 2.
�3.
,/4.
�5.
,� •
J'7.
�,
✓9
✓ 10.
November 23 , 1999 Oakbrook Square Site Plan, Urban Design Studio, 1 sheet.
November 23, 1999 Publix Expansion Site Plan SP-1, 1 sheet.
November 23, 1999 Existing and Proposed Landscaping Plan, Urban Design
Studio, Sheet LS-1.
August 31, 1999 Landscape Detail Sheet, Urban Design Studio, Sheet LS-2.
February 15, 1999 U.S. Hwy #1 Entry Demo/Preservation Plan, UDS Sheet E-2.
October 21, 1999 U.S. Hwy #1 Entry Landscape/Lighting Plan, UDS Sheet E-3.
February 15, 1999 U.S. Hwy #1 Entry Plant Detail Sheet, UDS Sheet E-4.
February 15, 1999 U.S. Hwy #1 Enhy Grading and Elec. Box, UDS Sheet E-5.
November 24, 1999 U.S. Hwy #1 Median Landscape Plan, UDS, 1 sheet.
October 22, 1999 Roof Plan, CentreCorp, 1 sfieet.
3
Ordinance 47,1999
Pu6lix at Oakbrook Square
✓11.
12.
13.
14.
October 22, 1999 Elevations Plan, S.Coler Lee & Associates,.l sheet.
October 25, 1999 Architectural Details, Urban Design Studio, Sheet A-l.
October 03, 1999 Proposed Fapade Character, Urban Design Studio Sheet A-2.
September 1, 1999 Architectural F1oodLyte Vertical Fiood Cut Sheet, WA3-VF,
WB3-VF with shroud, 2 sheets.
SECTION 4. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS 18th DAY OF NOVEMBER , 1999.
PLACED ON SECOND READING THIS 16th
PASSED AND ADOPTED THIS �� � DAY OF
SIGNED:
VICE MAYOR LAUREN FURTADO
_ DAY OF DECEMBER , 1999.
, 1999
ATTEST:
LINDA V. SIER, CMC, CITY CLERK
BY• /' �'�����
COUNCILMAN DAVID CLARK
APPROVED AS TO LBGAL FORM
AND SLJFFICI�NCY:
CITY ATTORNL�Y
4
Ordinance 47,1999
Publix at Oakbrook Square
V OTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
AYE NAY ABSENT
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william
hamilton
arthur
architect
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800 douglas
entrance
suite 303
coral gables
florida 33134
305 443-3100
fax 305 441-7960
i
October 11, 2002
To: Sean C. Donahue, P.E.
Cc: Jackie Holloman
File No. 02-4247
RE: Oakbrook Square-PUD Amendment
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We have reviewed the comments for Oakbrook Square and our response is as
follows:
1-5. Previously satisfied.
6. We have requested a waiver in order to comply with these requirements.
7-16. Previously satisfied.
17. Satisfied.
18. Satisfied.
19. Satisfied.
20-22. Previously satisfied.
12. Previously satisfied.
23. Satisfied.
24. See revised drawings by Creech Engineering..
25. See our revised SP-1 sheet, we are not making any modifications to the
parking North and West of the Anchor Tenant as a part of this phase. All of those
islands shall be added as part of Phase 2 with the new proposed out parcel
building..
26. See narrative by Creech Engineering.
27, Satisfied.
'� }
INC,
CONSULI'ING CIVIL �NG[NEEILS,
SURVEYORS & MAPPFRS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATI ON
SURVEY & MAPPING
GIS
"Partners For Results
Value By Design"
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3550 S.W. Corpotate P 'J�Wy%�
Palt�i Ci � 90
_�_ 5� -3883
Fax (561) 286-3925
wunv.lbth.com
MEMORANDUM
TO: Jackie Holloman
FROM: Sean C. Donahue, P.E.�
DATE: October 10, 2002
FILE NO. 02-4247
SUBJECT: Oak6rook Square - PUD Amendment
We have reviewed the following plans and information received on September 23,
2002 and October 9, 2002:
• Site Plans and Details prepared by William Hamilton Arthur Architect, Inc.
• Architectural Plans prepared by William Hamilton Arthur Architect, Inc.
• Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E.
• Landscape Plans prepared by Dixie Landscaping.
• Overall Shopping Center Paving, Drainage and Grading and Demolition Plans
prepared by Creech Engineers, Inc.
We have the following comments:
Please note that the Florida Department of Transportation (FDOT) is currently
investigating the drainage of the US 1 right-of-way adjacent to this project.
Specifically, the FDOT is concerned that the projects adjacent to the right-of-
way are adversely impacting the US 1 drainage system by not containing their
runoff on their project. The applicant should be prepared to respond to the
FDOT should this issue be formally raised regarding this project.
The applicant is requested to refer to the Phase I comments, with the same date,
for additional comments that are applicable to this review.
� Comments #1 through #5 - Previously Satisfied.
6. Not Satisfied. The applicant is proposing parking spaces that are 9.5 feet wide
and 10 feet wide (a detail for the 9.5 feet wide spaces has also been provided).
The applicant will need to request a waiver from LDR Section 78-344(1)(1)(a),
which requires all parking spaces to be a minimum 10' x 18.5' . Please note that
we will remain in support of the City's LDR requirements.
• Comments #7 through #16 - Previously Satisfied.
17. Satisfied. The applicant submitted a signed and sealed Photometric Plan with
photometric data shown for the 90-degree parking lot to the north of the new
out parcel building, meeting the LDR Section 78-182 requirements.
18. Previously SatisFied.
�� Oakbrook �quare - PUD Amendment Page 2 of 2
L �N�.
LBFH File No. 02-4247
19. Satisfied. The sidewalk located at the southeast corner of the new out parcel
has a minimum 5-foot width.
• Comments #20 through #22 - Previously Satisfied.
23. Satisfied. The applicant provided a typical cross-section of the paver brick
areas exceeding the minimum structural number value of 1.5.
• Please note that the Construction Plans have been reviewed on a preliminary
basis only. A thorough review of these plans will be conducted during the
Construction Plan review phase. Also, please remove the Construction Plans
from the Development Order exhibit list of submittals.
24. Not Satisfied. The Architect's Paving Section Detail specifies 1.5-inch asphalt
thickness and a 12-inch subgrade thickness with a minimum Florida Bearing
Value (FBV) of 35 psi. The Engineer's Asphalt Paving Detail specifies 1.25-
inch asphalt thickness and an 8-inch subgrade thickness without a FBV.
(Please note that in accordance with LDR Section 78-499 requirements, a
minimum 12-inch subgrade, with a minimum 35 psi FBV is required.) The
applicant (Engineer) stated that the subgrade could not be compacted due to site
constraints (however, the minimum structural value will be provided). In
addition, the details need to be revised to be consistent with one another.
25. Not Satisfied. The parking lot modifications north and west of the "Anchor
Tenant" building shown on the Site Plan are not shown on the Construction
Plans. In addition, the Demolition Plans are not consistent.
26. Not Satisfied. The applicant provided a narrative addressing the "amount" of
exfiltration trench provided. However, the applicant needs to provide a
. narrative response identifying if an existing control structure (existing weir
crest elevation) will be sufficient for the exfiltration trench design (proposed
top of pipe elevation), or if modifications to the existing control structure or a
new control structure is proposed.
27. Satisfied. The applicant revised the Site Plans to remove the "half-diamond"
landscaping islands added to the north side of the new out-parcel building
which alter overall parking stall length and width. Wheelstops are not proposed
in this area, however, raised curbing with the required 2.5-feet of vehicular
overhang is provided. Please note that the overhang area will should not
counted in the open space calculations.
The applicant is requested to return a copy of our comments with the
applicant's acknowledgement of each comment and the response.
Compliance will expedite the subsequent review.
SCD/ms
cc: Talal Benothman
\�Pc�Projects�PBGMEM0�4247�4247h.doc
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CITY OF PALM BEACH GARDENS
MEMORENDUM
TO: Jackie Holloman, Planner
DATE: September 4, 2002
APPROVED BY: Mark Hendrickson, City Forester�/�6�d'"
FROM: Bonnie Peacock, Forestry Technician I�,,P
SUBJECT: PUD-02-03, Oakbrook Square PUD Amendment — Revised Plans
I have reviewed the above petition and have no additional comments at this time.
1�
EXECUTIVE OFFICE:
July 29, 2002
S�Q�OQJ� V�III Authori MailingAddress
� � P.O. Box 109602
Palm Beach Gardens,
Florida 33410•96Q2
Ms. Jackie Holloman
Planning & Zoning Division
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Oakbrook Square PUD Amendment
Dear Ms. Holloman:
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VIA FAX 799-4281
We offer the following comments on your transmittal dated July 24, 2002 concerning the referenced
proj ect..
1. The applicant needs to depict the existing 10" water main along the west property line on the
landscape plans and provide appropriate setback language on the plans
2. The applicant needs to upgrade the backflow prevention devices on the anchor tenant store's
fireline and potable water service line.
Please call if you require additional information.
Sincerely,
S AST UTILITY AUTH TY
� �
Bruce regg
Duector of Operations
ad
cc; R. Bishop
S. Donahue
J. Lance
S. Serra
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4200 Hood Road, Palm Beach Gardens, Florida 33410-2198 "`=�J-
Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / Fax (561) 624-2839
�°l�� KimleyHorn
�.�� __ and Associales, Inc.
Marah 28, 2002
Revised M�y 1, 2002
Revised July 22, 2002
Revised August 1, 2W2
Revised August 13, 2002
Mr. Ht�nk Schnitzer
Equity One Realty &, Management, Inc.
11G82-A U.S. I-Iighwuy 1
Palm Beach Gardcns, Florida 33�108
Re: Oakbrook Shopping Center
PGA Iioulevarci nl tI.S. 1
Paim Beach Gftrdens, Florida
040y710W
Dear Mr. Schnitzer:
As nequesced we have �n�epared t6is letter to pcldress any tnffic changes associated
with pmposed modi�ca4iunR of buildings on the site referenced abovc. As you have
outlined, die existing site has 234,028 square Feet of building at�ea and 1,126 parking
spaces. After ihe reconfiguration of the site is complete, there will be 230,020 square
feet of buildiug area and 1,080 parking spaces. T'hus the propc�ed site plan will
contain less building squan� footagc than thc present site plan.
The traffic generativn of a sho�ing cente►• is a function of building square footage.
Since the building squnre footage will be rectuced, the trip generation potential of the
site will be reduced, Thcrofrnc, the exis�ing site will �etterate more trips thnn the
proposvd site and lhcre are no traffic ecmcurrency issuas triggered by the
modi fication.
If there are any questions, plcase do nc,t hesitate to call.
Very �uly yours,
KIMIFY-HO SSOCI , INC.
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7o B. Pollock, 7r., P.}�..
Principal
7I'Bllem
Cc: DorAn Valero
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TEL 561 045 0665
fAX 561 O8� 0175
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4431 Embarcadero Drive
Wesl Palm Oeach, Florida
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Seven Cities: Northern Palm Beach County US 1 Corridor Study
Jupiter
Juno Beach
North Palm Beach
Riviera Beach
Lake Park
Palm Beach Gardens
Tequesta
DOVER, KOHL & PARTNERS TREASURE COAST REGIONAL PLANNING COUNCIL
Given its geographic position and history, the US
Highway One corridor through the seven cities of
northern Palm Beach County should be one of the most
interesting places in Florida. The experience of living
and working and shopping along the corridor— or just
passing through— should be one of the delights of our
region. Around it, a diverse, sustainable economy and
an enchanting community life should be blooming and
regenerating, year after year.
But where the best should be, the US 1 comdor is now
the kind of road that most investors and residents prefer
to avoid. A unique location on the continent is being
treated as if it were Anywhere, USA— a place where
real estate values and commerce have been traded down
for rush hour traffic capacity.
Five decades of single-minded road widening and bland
development have taken their toll. In response, much of
what is being built today turns its back on Highway One,
as if the communiries have just given up on it. What
will be done to make this corridor work for people,
instead of just for cars?
Because of the exposure and access US I offers
businesses, the properties that front this corridor should
be some of the most valuable real estate in the region.
Yet many of the developments are aging and are
approaching obsolescence. What will replace them?
Who Cares About US 1?
The road remains inconvenient because of the lack of
connections with surrounding communities. It is
jammed at some times and empty at others as a result of
zoning practices that have separated land uses into auto-
dependent pods. Worse still, its design makes Highway
One the kind of road that scares away pedestrians,
cyclists, and transit users alike.
Choose Your Future
During the process of creating this report, many local
participants expressed the need for immediate action.
They want to raise their communities' ambirion for US 1
to a higher level. This Master Plan is the tool for an
historic tumaround, if the Seven Cities work together as
a united group. Great visions of what cou[d be done
have been drawn up. Coherent ideas for replacing the
current chaos have emerged from seven communities
working together on this project. These are attainable
visions, not just pretty pictures. The physical place that
could grow during the next generation would be a
national model of inspiration, practicality, and wondec
Leave A Worthy Legacy
This is an interesting time in the history of this region,
perhaps even comparable in some ways to the 1920s
when Florida was being rapidly settled. To lure people
to the unsettled territory, developers went out of their
way to create beauty and a sense of history. In the
process, talented designers lef� marvelous gifrs to future
generations in Addison Mizner's Boca Raton, George
Merrick's Coral Gables, John Nolen's new towns, and
the work of Olmsted's firm in Lake Park. Now, at the
tum of the millennium, Florida communities are
resuming work on this legacy. It is time for US 1 to
mature past the "anything goes" mentality, which has
evidently gripped the corridor for so long. Imagine what
your grandchildren might see in this place.
Revitatizing US 1 is centrai to the future of the regional
economy and to the quality of life in all seven of these
cities.
You're all in this together. And despite the web of
inertia and past error, there is still hope. Using the
images and designs in this booklet, seize the vision for
making the Seven Cities Corridor one of the most
memorable places in America. Join forces to �ansform
the corridor's physical image and performance by doing
something each year. Start small if you must, but start
now.
Who should care about US I? Everyone should!
Jevcn Cirici: Northcrn P:ilm Licaeh Cuuna US l Cun i�ia Stu�l� I.�`-
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Commerrts from the Charrette Workgroups
Regarding the street
Bury Ihe utility lines.
Ir�crease Iandscaping in the US 1's median.
Regarcfing the fronting buil�ngs:
At PGA Bwlevard and US t, create a sense of artival to a new
Main S4eet area.
As buildings are redeveloped or newly consWcted, posfion the
new buildings at the sheePs edge.
Regarding adjoining properties:
Oakbraok Mail and the other adjoining properties can redevelop
over time ir�to a mixed-use downtoxm with shops, offices and
apartmerds.
Create more public squares and green areas as part of the new
dwtntown.
Seven Cides: Northem Palm Bcach Counry US 1 Corridor Scudy
Palm Beach Gardens
The Intersection of "Main & Main"
Of the seven cities, Palm Beach Gardens has the least
amount of real estate fronting US 1. Nonetheless it is an
area that has iremendous potenrial given its geographic
position and given the importance of PGA Boulevard to
the larger traffic picture.
The key to unlocking this potential will be creating a
lasting identity. This can be accomplished by focusing
strategic redevelopment at the intersection of PGA
Boulevard and US l, forming a brief "node" of urbane
form and of architectural distinction.
Today, as one travels from North Palm Beach on the way
to Juno Beach, for example, you might not lmow that
you've even passed through Palm Beach Gardens. This
is hard to overcome with mere signs, but can be easily
rectified by transforruing the image and feel of the
comdor itself. Wholesale redevelopment is one way to
carry this out, Another is to convert existing s�ip
centers into a Main Sh�eet format via a more incremental
approach, by filling in the area closer to the road with
buildings and rearranging the parking scheme in phases.
For example, Oak Brook Mall on the northeast comer of
PGA Boulevard & US 1 could be reshaped, with much
of the azea currently used by pazldng lots replaced by
buildings, greens and paseos. (This obviously suggests a
move to s�uchued parldug, which may or may not
currently be justifiable under current property values and
market conditions, but will almost certainly be
justifiable eventually.)
We understand that Patm Beach Gazdens has under�aken
a targetea citywide effort to create parkways along
major corridors like PGA Boulevazd, employing wide
setbacks; at its best this could help create a landscaped
scene reminiscent of the City Beautiful movement. That
general approach is correct and should be applauded.
However, note that this "main / main" intersection at
PGA and US i is the appropriate sort of place to vary
from that parkway standazd, in order to bring buildings,
pazking and sidewalks into the right urban design
gammar. This is the very kind of place to which gzeat
parkways are meant to lead, following the City Beautiful
tradition; this can be an exception that makes the rule
meaningful.
This crossroad can be the jewel of Palm Beach Gardens,
and may even show a good way to f� up parts of the
largez city out west The intersection of Main & Main
will showcase how humanizing commercial
environments can be good for business.
9.02
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PUD AMENDMENT SUBMi17AL
11561 U.S. HIGHWAY 1
PALM BEACH GARDENS, FL.
Proposed Outparcel Building/Front Elevation
SHEET INDIX
GENERALINFORMAl70N OUTPARCELBUILDING
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 17, 2002
Meeting Date: December 5, 2002
Ordinance: Ordinance 42, 2002
Subiect/Aqenda Item
Ordianance 42, 2002: Old Palm Community Development District
First Reading/Public Hearing: A request by Stephen Sanford and Michael Sabatello of
Greenberg Traurig, P.A., on behalf of Communities Finance Company, LLC, a Delaware
limited liability company (the "Petitioner"), for approval of the establishment of the Old Palm
Community Development District for the Old Palm Planned Community District (PCD),
located between Central Boulevard and Florida's Turnpike and north of PGA Boulevard.
The request is filed pursuant to Section 190.005(2) of the Uniform Community Development
District Act of 1980.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Action:
Principal Planner:�� Growth Management Costs: $ NA
Talal Benothman, A Total
Project Ma ager: [ ] Approved
City Attorney: $ [] App. w/ conditions
Leonard Rubin, sq. Current FY [] Denied
[ ] Rec. approval
Development Compliance: Allan Owens: Funding Source: [] Rec. app. w/ conds.
N/A + [ ] Rec. Denial
Finance Administrator [] Operating [ J Continued to:
Bahareh Keshavarz-Wolfs, [X] Other NA
AICP ��
Budget Acct.#: NA
Submitted b • Advertised: Attachments:
Growth Man g e t Date: Nov. 6, 2002
Administrat : � . Reduced Plans
Charles K. A P Paper: Palm Beach . General Information
Post on CDD
Approved b .
City Manag � [ ] Not Required
Ronald M. Fe is
Affected parties:
[X] Notified
[ ] Not Required
Date Prepared: November 17, 2002
Meeting Date: December 5, 2002
Ordinance 42, 2002
BACKGROUND
The 651 acre Old Palm PCD was approved on September 18, 2002 pursuant to Ordinance
32, 2002 (the "Development Order"). The Old Palm PCD is approved for 333 single-family
residential units along with a private 19-hole golf course and eleven lakes on site. In
addition, the Old Palm PCD will include a clubhouse, sales center, maintenance facilities,
golf service area, and three practice holes.
THE OLD PALM COMMUNITY DEVELOPMENT DISTRICT
Communities Finance Company, LLC, a Delaware limited liability company, as petitioner,
sole landowner and developer, proposes to establish the "Old Palm Community
Development DistricY' (the "DistricY') within the Old Palm PCD pursuant to the Uniform
Community Development District Act of 1980, Chapter 190, Florida Statutes (the "Act"). A
Community Development District is a local unit of special purpose government authorized
by the Uniform Community Development District Act, Chapter 190, Florida Statutes ("Act")
and organized to plan, finance, construct, operate, and maintain community-wide
infrastructure in planned community developments. The Ordinance to establish the District
does not affect the PCD approvals. For the City Council's information, the Old Palm CDD
will be the first CDD established in the City of Palm Beach Gardens.
Purpose of the District
The District will finance the construction or acquisition of the following improvements
benefiting the Old Palm PCD:
• The surface water management and control systems;
• Offsite roadway improvements required by the Development order, including turn lanes,
signalization, streetscape and irrigation;
• The water distribution and wastewater collection and transmission facilities;
• Wetland mitigation;
• The perimeter landscaping, lighting and entry features; and
• Related incidental costs (collectively, the "Public Infrastructure").
To raise the capital necessary to complete the Public Infrastructure, the District will issue
special assessment bonds. The proceeds of the special assessment bonds will be held in
trust by the DistricYs trustee, Wachovia Bank, National Association, an independent
financial institution, and disbursed only for appropriate authorized District expenditures.
The District can either construct the Public Infrastructure, or acquire it from the Petitioner
after completion. In the latter circumstance, the reasonable cost of the construction of the
improvements (which cost must be approved by the DistricYs engineer and can not be
greater than the fair market value of the completed infrastructure) will be released to the
2
Date Prepared: November 17, 2002
Meeting Date: December 5, 2002
Ordinance 42, 2002
Petitioner from the bond proceeds only after the work has been independently inspected
and accepted by the District. This ensures that the funds to complete the Public
Infrastructure improvements are available to the District and are protected from any
proceedings resulting from financial difficulties that may be experienced by the Petitioner,
as developer.
The District will own and operate all of the Public Infrastructure improvements, except for
the water distribution and wastewater collection and transmission facilities, which will be
built according to the Seacoast Utility Authority's (the "Authority") specifications and
conveyed to the Authority once complete, pursuant to the Authority's requirements.
The authorizing Ordinance and Florida law strictly limit the powers of the District. It is
important to note the following:
• The District will not have the power to exercise any zoning or permitting powers;
• The City will not be liable for any bond obligations of the District, nor for Sunshine Law
Compliance by its Board of Supervisors;
• No taxpayer residing outside of the District can or will be taxed by the District; and
• The District will not affect the City's bonding capacity and millage rate.
Financinq
The District will finance the construction or acquisition of the initial Public Infrastructure
improvements by issuing unrated special assessment bonds, which will be sold to qualified
institutional investors. The bonds will have two portions — an "A" portion and a"B" portion.
Most of the overall debt will be represented by the "B" portion and will be amortized over a
period of no more than 10 years. The "B" portion will be paid by the Petitioner, as
developer, from its own funds, on or before the closing of the conveyance of each lot to the
initial retail purchaser.
The "A" portion will be amortized over no more than 30 years and the principal and interest
payable will be paid by the District from the proceeds of non-ad valorem special
assessments levied by the District on the benefited land within the Old Palm PCD. The
non-ad valorem assessments will be collected annually by the Palm Beach County Tax
Collector or the District.
The anticipated principal amount of the special assessment bonds to be issued by the
District will not exceed $65 million. However, because the "B" portion will be satisfied by the
Petitioner from its owns funds, the assessments that the individual retail homeowners will
have to pay are estimated to be as follows:
Type of Home
Acre Lot
Grand Estates
Floyd Estate
Golf Villa
Date Prepared: November 17, 2002
Meeting Date: December 5, 2002
Ordinance 42, 2002
Good Faith Estimate of Assessment Levels
"A" Portion per Unit
$4,255 annually
$3,830 annually
$2,128 annually
$1,915 annually
"B" Portion
Paid by developer at time
of closing with retail
purchaser
Same as above
Same as above
Same as above
The District will pay for the operation and maintenance of certain elements of the
infrastructure by levying annual maintenance assessments on land within the Old Palm
PCD. Currently, it is estimated that this annual maintenance assessment will be $320 per
residential lot, and per unit for the studio type dwellings.
The� District, with the approval of its Board of Supervisors, also has the power to levy special
assessments for the replacement of the Public Infrastructure, as necessary.
Operation of the District
Pursuant to the Act, the District will be governed by a five-member board of supervisors.
For the first six years, the members of the Board are elected by the landowners (principally
the Petitioner). Beginning in the 7th year, each board position that comes up for re-election
must be filled by a qualified elector residing within the District in a general election wherein
all qualified electors within the District are entitled to vote. By the end of the 8th year,
qualified electors who reside within the District are entitled to elect all of the Board members
pursuant to the Act.
The District is required to submit its annual budget, financial report, audit and public
financing disclosures to the City for informational purposes. The City, however, is not
obligated to review or approve them or take any action or incur any costs with respect
thereto.
Benefits to the Citv
The District benefits the City in several ways:
1. The District is an integral part of facilitating a community of the highest quality along the
PGA corridor;
2. With the District in place, the Petitioner can complete the Public Infrastructure and road
improvements more quickly, reducing the time for road construction and the resulting
inconvenience;
4
Date Prepared: November 17, 2002
Meeting Date: December 5, 2002
Ordinance 42, 2002
3. The bond proceeds are held by the trustee and protected until the Public Infrastructure
is complete, guaranteeing the timely and proper completion of the improvements;
4. The cost of constructing, maintaining and replacing the Public Infrastructure will be
borne onlv bv the residents of Old Palm PCD who will be responsible for the cost of
constructing the infrastructure and the perpetual cost of maintaining and replacing the
improvements; and
5. The District homeowners will control their own destiny within eight years by directly
electing the Board of Supervisors.
Requirements under the Act for Establishinq the District
The District satisfies the requirements of the Act because it complies with the following:
The District services will be consistent with the PCD, which is being developed as one
community;
2. The District infrastructure and services will be compatible with the existing local and
regional services and facilities; and
3. The District is the optimum choice for delivering community development services to the
Old Palm PCD. The District will not assess persons outside of the District, the
establishment of the District and the issuance of the special assessment bonds will be
completed in time to permit the timely construction and acquisition of certain elements of
the Public Infrastructure, and the District will serve as the entity responsible for the
operation and maintenance of the Public Infrastructure without contribution from the City
or residents outside of the District.
Disclosure
To ensure that all prospective land owners within the Old Palm PCD are well advised of the
existence, function and powers of the District, the Petitioner agrees to undertake the
following disclosures which extend beyond the requirements of Sections 190.009 and
190.048, Florida Statutes:
1. A Notice of Establishment will be recorded in the public land records against all property
within the Old Palm PCD, pursuant to section 190.0485, Florida Statutes. The Notice of
Establishment shall appear in the title chain for all lots within Old Palm and will disclose
the establishment and existence of the District;
2. A Notice of Assessments will also be recorded in the public land records against all
property within Old Palm once the assessments have been set by the Board of
Supervisors. The Notice of Assessment shall disclose the amount of the annual
assessments applicable to the lots within Old Palm, and shall provide the name,
address and telephone number of the District Manager;
5
Date Prepared: November 17, 2002
Meeting Date: December 5, 2002
Ordinance 42, 2002
3. Each prospective initial retail purchaser will be provided with a brochure along with the
Old Palm sales materials disclosing the establishment of the District and the anticipated
level of assessments applicable to homes within Old Palm;
4. Each purchase and sale agreement with initial retail purchasers will include a specific
disclosure addendum outlining in detail the existence and function of the District and the
estimated assessment amounts applicable to lots within Old Palm;
5. Each deed of conveyance delivered to the initial retail purchaser within Old Palm will
specifically reference the Notice of Establishment recorded in the Land Records of Palm
Beach County, Florida; and
6. Pursuant to section 190.048, Florida Statues, each purchase and sale agreement with
an initial retail purchaser of a home within Old Palm will include the following
conspicuous disclosure above the space provided for the purchaser's signature in large
boldfaced type:
"THE OLD PALM COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE
AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND
ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND
SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE
GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
7. The Declaration of Restrictions for Old Palm will include a disclosure of the existence
and function of the District, and will require all owners of homes within Old Palm to
disclose the existence and function of the District to subsequent purchasers.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 42, 2002.
G
Prepared ay: Greenberg Traurig, P.A.
Michael Sabatello, Esq.
Stephen D. Sanford, Esq.
OLD PALM COMMUNITY DEVELOPMENT DISTRICT
QUESTIONS AND ANSWERS
1. Q: What is a Community Development District?
A: A Community Development District ("CDD") is a local unit of special purpose
government authorized by the Uniform Community Development District Act, Chapter 190,
Florida Statutes, as amended and supplemented (the "AcY'), to plan, finance, construct,
operate, and maintain community-wide infrastructure in planned community developments.
The Act provides the exclusive procedures for the establishment of a CDD.
2. Q: Why create a CDD?
A: CDD'S provide a method of planning, managing and financing capital infrastructure
within the area of the CDD without overburdening local governments and their taxpayers.
3. Q: How do CDD's compare to local governmental units?
A: A CDD is not a substitute for the city or county in which the CDD lies. A CDD has no
zoning or permitting powers governing development. A CDD's powers are generally limited
to planning, financing, constructing, operating and maintaining community infrastructure.
Condemnation by the CDD for the uses and purposes of the CDD relating to water, sewer,
roads and water management may be authorized by resolution of the City on a
case-by-case basis. CDD's must also provide disclosure of public financing, submit their
budget for annual public hearing and comply with both the Sunshine and Public Records
laws. CDD's must comply with the applicable comprehensive plans, ordinances, or
regulations of the City.
4. Q: What do CDD's fund?
A: Among other infrastructure and facilities permitted under the Act, CDD's can finance,
construct, maintain and operate the following community infrastructure:
1. Surface water management systems for land within the CDD;
2. Potable water, sewer and wastewater management facilities;
3. Roads and street lights;
4. Parks and landscaping;
5. Fire prevention and control, including fire stations and fire hydrants;
6. School buildings and related structures;
\\wpFrsrv0l \SANFORDSU74327v05\5/8/D2\54175.010100
7. Mosquito control;
8. Solid waste collection and disposal; and
9. Security including, but not limited to, guardhouses, fences and gates.
5. Q: What infrastructure does the Old Palm CDD propose to undertake?
A: The Old Palm CDD proposes to construct the following improvements:
Surface water management and control system;
2. Offsite roadway improvements;
3. Potable water, wastewater facilities and fire hydrants;
4. Wetland mitigation; and
5. Landscaping.
6. Q: Who will own, operate and maintain the infrastructure constructed by the
CDD?
A: The water and sewer components will be dedicated to the Seacoast Utility Authority.
The remaining infrastructure will be operated and maintained by the Old Palm CDD or in
certain cases the Old Palm CDD will contract with the property owner's association to
provide such services but the infrastructure will continually be owned and under the control
and supervision of the Old Palm CDD.
7. Q: How are CDD's of the size of the Old Palm CDD created?
A: CDD's of less than 1,000 acres in size are created pursuant to a public hearing and
an ordinance adopted by the City Council granting a petition for the establishment of the
CDD. The proposed Old Palm CDD is approximately 651+/- acres.
8. Q: What does a CDD cost the City's taxpayers?
A: The costs to the City associated with the CDD are strictly administrative. First, the
City must review and act upon a petition to form the CDD. The petitioner pays a$15,000
filing fee to the City which should defray the costs associated with reviewing the petition.
The petition requires City Council approval. The proposed District will submit, for
informational purposes, its annual budget, financial report, audit and public financing
disclosures to the City. Since there are not legislative requirements for review or action;
the City will not incur any costs.
9. Q: How is a CDD governed?
A: A CDD is governed by a five member board of supervisors (the "Board"). For the
first six (6) years, the control of the Board is maintained by the landowners within the CDD.
After six years, qualified electors (taking into account a phasing in after the 6th year) within
the CDD elect Board members.
\\wpb-srv01 \SANFORDSl374327v05\5/8/02\54175.010100
10. Q: How does a CDD secure the funds to construct, maintain and operate the
public infrastructure and facilities?
A: A CDD has the authority to secure funds by several methods, including the following:
a) Issuance of bonds.
b) Issuance of bond anticipation notes.
c) Ad valorem taxes.
d) Special assessments.
e) Charges of rates, fees and rentals.
11. Q: How does the Old Palm CDD propose to raise money for its infrastructure?
A: The Old Palm CDD will raise money for its infrastructure through several of the
methods authorized by Florida Statutes. The financing will be structured as follows:
a) Special Assessment Bonds will be used to provide the initial capital to
build or acquire the CDD's infrastructure.
b) Special Assessments on property within the CDD will repay the bonds.
c) Any operation and maintenance of CDD infrastructure will be funded by
maintenance assessments.
, The Old Palm CDD has no plans to use general obligation debt (debt which pledges
the full faith and credit of the CDD).
12. Q: If the CDD defaults on repayment of the bonds, what protection and recourse
is available to the bondholders?
A: The land within the CDD is the security for repayment of the bonds. The bonds are
to be repaid by special assessments which are obligations of the landowners. Thus, if
unpaid, these debts become a lien on the CDD property on equal status with unpaid ad
valorem taxes. Because the debt is a government obligation, these liens will take a priority
position relative to other debt which may encumber the CDD property.
13. Q: Can the City of Palm Beach Gardens be liable for obligations of the CDD?
A: No. The Florida Legislature has specifically stated that "no debt or obligation of a
(CDD) shall constitute a burden on any local general purpose government without its
consent."
14. Q: Will the taxpayers residing outside of the boundaries of the CDD be taxed for
the costs of infrastructure provided by the CDD?
A: No. A special assessment is levied only on the property within the CDD. The Old
Palm CDD includes only the property within the geographical boundaries within the CDD
project.
15. Q: Will the City's bonding capacity be affected by bonds issued by the CDD?
A: No.
\\wp�srv01 \SANFORDSU74327v05\5/8/02\54175.010100
16. Q: Will the City's millage rate or cap be affected by taxes or assessments levied
by the CDD?
A: No.
17. Q: What are the benefits of the Old Palm CDD to the City and its citizens?
A: First, well-planned and well-financed communities provide attractive locations for
new residents and new or expanding businesses, thereby enhancing the quality of life and
the economic development of the entire area. Second, a CDD is the best way to assure
that residents within the CDD receive the infrastructure or services they need (often quicker
than if these improvements would be installed under conventional financing terms), while
restricting the cost directly to those who receive the benefit of the infrastructure or services.
The issuance of special assessment revenue bonds payable solely from special
assessments levied on the benefited land will assure that the necessary funds are
available to finance the required infrastructure. Also, long term maintenance of these
improvements is assured due to the ability of the CDD to assess and colVect for such
maintenance costs directly on the tax roll which is a superior means of collection than
assessments being collected by an HOA.
Thirdly, the establishment of a CDD to finance the necessary infrastructure will accelerate
the development of the planned moderately priced housing.
18. Q. Will potential future homeowners be made aware of the special assessments
that they will be required to pay?
A. The Act provides that each contract of sale contain the following disclosure
immediately above the signature line. "THE...(Name of District)... COMMUNITY
DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR
BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE
COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE
SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
ASSESSMENTS PROVIDED FOR BY LAW." Such disclosure must be boldfaced and
conspicuous type which is larger than the type in the remaining text of the contract. In
addition, a notice of lien will be recorded on all the lands to assure that any title search
woufd pick up the special assessments imposed by the 01d Palm CDD.
19. Q. When the Old Palm CDD purchases infrastructure from the developer, what
assurance is there that the Old Palm CDD will pay no more than fair value?
A. The Old Palm CDD will retain the services of an independent engineer who will be
required to certify, prior to any disbursements of bond proceeds, that the work has been
completed in accordance with state and local requirements and that the cost will be not
greater than the fair market value of such infrastructure.
\\wptYSrvO l \SANFORDS�374327 v05\5/8/02\54175.010100
20. Q. What other factors are relevant from the standpoint of creating a CDD?
A. A CDD is a viable and responsible entity, subject to applicable law, for the provision
of certain public infrastructure which the City in the case of the Old Palm CDD does not
need to operate or maintain; while adding millions of dollars of property value to local
property tax rolls. Such an arrangement allows the City to focus its limited resources on
other areas of concern in the City. In addition, residential CDD's, such as the Old Palm
CDD, are advantageous to the end-user (homeowner) because the required infrastructure
is acquired or constructed by the CDD with money borrowed at a tax exempt rate and, as a
result, there is an incentive for a developer to make his product as competitive as possible,
thereby increasing sales. The buyer benefits and the developer benefits.
\\wpb-srv01 \SANFORD5�3743?7vOS5/8%02\54175.O10I00
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NO. 499211
NOTICE OF PUBLIC HEARING CONCERNING THE
ESTABLISHMENT OF THE OLD PAIM COMMUNITY DEVELOPMENT
DISTRICT IN PAIM BEACH GARDENS, FIORIDA, BY THE CITY
COUNCIL OF THE CITY OF.PALM BEACH GARDENS.
Notice is hereby given that on December 5, 2002, at 7:00 P.M., or soon
thereaker, the Cify Council of the City of Palm Beach Gordens (the "Coun-
cil"�, will'consider an ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS ESTABLISHING A COMMUNITY
DEVELOPMENT DISTRICT OVER THE REAL PROPERTY LEGALLY
DESCRIBED ON EXHIBIT "A" TO THIS ORDINANCE COMPRIS-
ING APPROXIMATELY . 651 ACRES: NAMING THE INITIAL.
MEMBERS OF THE BOARD OF SUPERVISORS OF THE DIS-
TRICT; ESTABLISHING THE NAME OF THE DISTRICT AS OLD
PALM COMMUNITY DEVELOPMENT DISTRLCT; DESIGNATING
THE PURPOSE OF THE DISTRICT; DESIGNATING THE POWERS
OF THE DISTRICT; PROVIDINt3 FOR SEVERABILITY; PROVID-
ING POR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.
at a public hearing to be held at:
Ciry Hall
10500 North Military Trail
Palm Beach Gardens, Florida 33410
to inform the public about the elements of the petition to form a communiy
development cJistrict in Palm Beach Gardens, Florida. The information pre-
sented at this hearing will be used by the Council in grantin or denying the
petition Ias set forth in Section 190.005�2), Florida Statutes �F.S."1) and also
to afford the petifioner, affected units of local government, and tf�e general
public a fair and adequate opportuniiy to appear at the hearing and present
oral and written comments (submitted to the Council at or before the public
hearing) relevant to the creation of the Old Palm Community Development
DisTricf fthe "CDD"). The proposed CDD is located on approximately 651
acres of land located directly East of the Florida Turnpike, directly North of
PGA Boulevard ond due South of Hood Road. Approximately 70.52 acres
(ies East of Central Boulevard and the balance of the total acreage lies Wesf
of Central Boulevard, which total area is shown on the map below.
Seettort 35, TownsYup 419uufi
If adopted, the ordinance would create a community development district
and designate the land.area serveA. The creation of such a district pursuant
to Chapter 190, F.S., is not a land development authorization or aPproval.
All planning, PermiRing and other regulatory requirements pertaimng to
development withm the land area shall be adhered to pursuant to general or
special law or applicable local ordinance.
,The CDD is designed to serve the needs of its property owners by financing
constructing operating and maintaining a portion of the infrastructure anc�
communily �acilities needed by district property owners, including the surface
water management and control system, waler distribution system and wast�
water collection and transmission facilities, offsite roadway imProvements,
offsite landscaping, lighting and entry features, and wetlands mitigation. The
CDD will make use of non-ad valorem assessments levied on all property
owners in the district.
The specific legal authority for this action is Sections 190.004 and 190.005,
F.S.
For further information contact Mr. Charles Wu Director of Growth Man-
agemen), 10500 Nort� Military Trail, Palm Beac� Gardens, Florida 33410
at (561 � 799-4243. Affecied units of genercil-purpose local government and
the general public shall be given an opportumiy to appear at the hearing
and present oral or writFen comments on the petition.
Should any person decide to appeal any decision made by the Council, he
or she will need a record of the proceedings and may need to ensure that a
verbatim record of the proceediags is made, which record must include
testimony and evidence upon which the appeals may be based.
In accordance with the Americans with Disabilities Act, persons with disabili-
ties needing special assistance accommodations to parficipate in this pro-
ceeding should contact Ms. Patricia Snider, Ciy Clerk, no later than five (5)
days prior to the hearing at telephone number �561) 799,4120 for assis-
tance; if hearing impaired, telephone the Florida Relay Service Numbers at
�(800) 955-87Z1 (TDD� or (800) 955-8700 (VOICE) for assistance:
This Notice is published pursuanl to the requirements of Chapter
190.005(lj�d�, Florida Statutes.
By: Communities Finance Company
, PUBLISH: Palm Beach Post November 6, 13, 20, 27, 2002
Date Prepared: November 19, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 42, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, ESTABLISHING A COMMUNITY
DEVELOPMENT DISTRICT OVER THE REAL PROPERTY DESCRIBED
IN EXHIBIT "A" TO THIS ORDINANCE COMPRISING
APPROXIMATELY 651 ACRES; NAMING THE INITIAL MEMBERS OF
THE BOARD OF SUPERVISORS OF THE DISTRICT; ESTABLISHING
THE NAME OF THE DISTRICT AS THE "OLD PALM COMMUNITY
DEVELOPMENT DISTRICT"; DESIGNATING THE POWERS OF THE
DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 190, Florida Statutes, provides an alternative method to finance
and manage basic services for community development; and
WHEREAS, in accordance with Chapter 190, Florida Statutes, Communities Finance
Company, LLC, a Delaware limited liability company ("Petitioner") petitioned the City for
the establishment of the Old Palm Community Development District ("District"); and
WHEREAS, after proper public notice, the City Council conducted a public hearing
pursuant to Section 190.005(1)(d), Florida Statutes, and in accordance therewith makes
the following findings of fact:
The petition is complete in that it meets the requirements of Section
190.005(1)(a), Florida Statutes, and all statements contained within the Petition
are true and correct; and
2. The establishment of the District is not inconsistent with any applicable element
or portion of the City's Comprehensive Plan; and
3. The area of land
and is sufficiently
community; and
within the District is of sufficient size, is sufficiently compact,
contiguous to be developable as one functional interrelated
4. The establishment of the District is the best alternative available for delivering the
community development services and facilities to the area that will be served by
the District; and
5. The proposed services and facilities to be provided by the District will be
compatible with the capacity and uses of existing local and regional community
development services and facilities; and
�
Ordinance 42,2002
The area that will be served by the District is amenable to separate special-
district government; and
WHEREAS, the City Council determines that the adoption of this Ordinance is in the
best interests of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The Petition to establish the Old Palm Community Development District
over the real property described in Exhibit "A" attached hereto, which was filed by
Communities Finance Company, LLC, and which Petition is on file at the Office of the
City Manager, is hereby granted. The name of the District shall be the "Old Palm
Community Development District."
SECTION 3: The external boundaries of the District shall be as depicted on the location
map attached hereto and incorporated herein as Exhibit "B." The City agrees that the
District may undertake projects outside District boundaries that are required by
development approvals and permits applicable to land within the District boundaries. In
furtherance thereof, the developer of the land within the District may assign its
obligations under such development approvals and permits to the District, subject to
consent requirements by the agency issuing the said development approvals and
permits.
SECTION 4: The initial members of the Board of Supervisors shall be as follows:
Mike Millard
Roger Dyess
Candace Jorritsma
John Gora
John Ferry
11631 Kew Gardens Avenue, Suite 201
Palm Beach Gardens, FL 33410
11631 Kew Gardens Avenue, Suite 201
Palm Beach Gardens, FL 33410
11631 Kew Gardens Avenue, Suite 201
Palm Beach Gardens, FL 33410
11631 Kew Gardens Avenue, Suite 201
Palm Beach Gardens, FL 33410
24301 Walden Center Drive
Bonita Springs, FL 34134
2
Ordinance 42, 2002
SECTION 5: The District is created for the purposes set forth in Chapter 190, Florida
Statutes.
SECTION 6: The Council hereby grants to the Old Palm Community Development
District all general powers authorized pursuant to Section 190.011, Florida Statutes and
the special powers described in Section 190.012(1), and hereby finds that it is in the
public interest of all citizens of the City to grant such general and special powers.
Notwithstanding the foregoing, the granting of special powers in Section 190.012(1) is
subject to the regulatory jurisdiction and permitting authority of all applicable
governmental bodies, agencies and special districts having authority with respect to
such powers.
SECTION 7: Pursuant to Section 190.005 (2) (d), Florida Statutes, the charter for the
Old Palm Community Development District shall be Sections 190.006 through 190.041,
Florida Statutes.
SECTION 8: This ordinance is made subject to strict compliance by the Old Palm
Community Development District with the disclosure requirements of Sections 190.048
and 190.0485, Florida Statutes. In addition to the statutory requirements, the petitioner
shall:
1. Record a Notice of Assessments in the public records against all property within
the District once the assessments have been set by the Board of Supervisors.
The Notice of Disclosures shall disclose the amount of the annual assessments
applicable to the lots within the district and shall provide the name, address and
telephone number of the District Manager;
2. Provide each prospective initial retail purchaser with a brochure along with sales
materials disclosing the establishment of the District and the anticipated level of
assessments applicable to homes within the District;
3. Include in each purchase and sale Agreement with initial retail purchasers a
specific disclosure addendum out-lining in detail the existence and function of the
District and the estimated assessment amounts applicable to lots within the
District;
4. Include in each deed of conveyance delivered to the initial retail purchasers a
specific reference to the Notice of Establishment recorded in the public records;
and
5. Include within the Declaration o f Restrictions for Old Palm a disclosure of the
existence and function of the District and require all owners of homes within the
District to disclose its existence and function to subsequent purchasers.
Ordinance 42, 2002
SECTION 9: All ordinances or parts of ordinances of the City of Palm Beach Gardens,
Florida, which are in conflict with this Ordinance are hereby repealed to the extent of
such conflict.
SECTION 10: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be
unconstitutional, inoperative or void, such holding shall not affect the remainder of the
Ordinance.
SECTION 11: This Ordinance shall become effective upon adoption.
PASSED, FIRST READING
PASSED, SECOND READING
this day of , 2002.
this
PASSED, ADOPTED AND APPROVED this
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
4
day of
day of
, 2002.
, 2002.
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
AYE NAY ABSENT
Ordinance 42,2002
LIDBERG LAND
SURVEYING, INC.
� 675 West Indiantown Road, Suite 200, Jupiter, Fiorida 33458
VOICE 561-746-8454 FAX 561-575-3735
LEGAL DESCRIPTION:
PARCEL 31.Q1
EXHIBIT "A"
R PARCEL OF LAND S{TUATE {N SECTION 35, TOWNSHIP 41 SOUTH, RANGE a2 EAST
AND SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST, WITHIN THE MUNICIPAL
LIMiTS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA,
A�1D BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE NORTH
00'S7'25" EAST, ALONG TNE WEST LINE THEREOF, A DISTANCE OF 2,297.06 FEET;
THENCE SOUTH 87°56'11" EAST, A DISTANCE OF 301.06 FEET; THENCE NORTH 00°57'25'
EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 87°56'04" EAST, A DISTANCE OF
2,393.15 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 59°35'10" EAST, A
RADIUS OF 2.575.00 FEET, AND A CENTRAL ANGLE OF 75°39'04"; THENCE PROCEED
SOUTHERIY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
3.399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AS
SHOVVN UN ROAD PLAT BOOK 6, PAGE 88 AND AS DESCRISED {N OFFICIAI RECORD
BGOK � t 0:, PAGE 945 OF THE SAID PUBUC RECORDS AND A POINT ON A CURVE
N,4VING A R�DIAL BEARiNG OF SOUTH 54°26'54" EAST, A RADIUS OF 3,879.72 FEET,
;�i�1D A CEN iRAL ANGLE OF 33'23'07"; THENCE PROCEED SOUTHERLY ALONG THE ARC
O� �AIC CURVE AND SAID R1GHT-OF-WAY LWE, A DISTANCE OF 2,260.64 FEET TO THE
END OF SAiD CURVE: THENCE SOUTH o2'09'S9" WEST, CONTINUING ALONG SAID
RIGHT-OF-V'dAY LINE, A DISTANCE OF 2,868.10 FEET TO THE NORTH RIGHT-OF-WAY LINE
OF P.0 A. BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 7819, PAGE 1428
�OF THE SAID FUBLIC RECORDS; THENCE NORTH 88'22'39" WEST, ALONG SAID NORTH
F�i;:HT-JF-V�IAI�' LINE, A DISTANCE OF 1,011.70 FEET TO THE POINT OF CURVATURE OF
CUFtVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 11,359.16 FEET; THENCE
r�OtirH'�'1�STrRLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
v� 3''4�' :�i�J ARC DISTANCE OF 520.97 FEET TO THE POINT OF REVERSE CURVATURE
�)r 1 C'��R`J� CONCAVE TO THE SOUTH, HAVING A RADIUS OF 11,559.16 FEET;
'H� �,�;'� �c')UTN'�.��'ESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
A��1 �,! E C' F �-`' � t`19" AN ARC DISTANCE OF 576.03 FEET TO A POINT ON THE NORTH
�,I::�H i-:�r-'�'iAY UNE OF P.G.A. BOULEYARD AS DESCRIBED IN OFFICIAL RECORD
BOOK ='.t ;. °AGE 516; THENCE NORTH SO'S8'48" WEST, ALONG SA1D NORTH RIGHT-
OF v�,�.�.Y � iN` ,4 DISTANCE OF 124.22 FEET; THENCE NORTH 84°28'OS" WEST,
COf`1TINUING �,LONG SAID RIGHT-0E-WAY UNE, A DISTANC� OF 293.34 FEET TO A
PUIPJT OrJ THE WEST LIN� OF THE SOUTHWES7 QUARTER OF SAID SECTION 2;
THErJCF NORTH o2 �10�3a° EAST, A DISTANC� OF 119.2a FEET; THENCE NORTH
0� - 4'�3" EAST. ALONG THE EAST RIGHT-OF-WAY UNE OF THE RONALD REAGAN
TUR�JPIKE IFORMERLY THE SUNSHINE STATE PARKWAY). AS SHOWN ON FLORIDA
DEPART��1ENT OF TRANSPORTATION RIGHT-OF-WAY MAP STATION 3334+58.46 TO
STATION 33a�+22.17, SHEET 8 OF 12, DATED JULY 27, 1955, A DiSTANCE OF 471.83
FEET; THENCE NORTH 35'24'S3" EAST, A DISTANCE OF 325.37 FEET; THENCE NORTH
46'3532° EAST. A DISTANCE OF 458.00 FEET; THENCE NORTH 01 °35'32" EAST, A
DiSTAPJCE OF 307.00 FEET; THENCE NORTH 42`49'26" WEST, A DISTANCE OF 521.54
FEET; TH�NCE �!ORTH 27'49'26" WEST, A DISTANCE OF 307.24 FEET TO THE WEST
ur�E OF S.afD SECTION 2; THENCE NORTH o2°�0'34° EAST, ALONG SAID WEST LINE,
AND ALOl��G TNE EAST RIGHT-OF-WAY LINE OF SAID RONALD REAGAN TURNPIKE, A
DISTANC� OF 3'1.55 FEET; THENCE NORTH 02'10'08" EAST, CONTINUING ALONG SAID
WEST LINE. AND SAID EAST RIGHT-OF-WAY LINE. A DISTANCE OF 2,946.92 FEET
• TO TNE F��INT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
EXHIBIT "A"
PARCEL 31.10
� A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST
AND SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITH�N THE MUNICIPAL LIMITS
OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORiDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE �UARTER SECTION CORNER LOCATED IN THE WEST LINE OF
SAID SECTION 35; THENCE SOUTH 87°56'04" EAST, ALONG THE EAST-WEST QUARTER
SECTION LINE, A D�STANCE OF 2,694.21 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRfBED PARCEL; SAID POINT OF BEGINNING BEING ON A CURVE HAVING A
RADIAL BEARING OF SOUTH 59°35'10" EAST, A RADIUS OF 2575.00 FEE7, AND A
CENTRAL ANGLE OF 75°39'04". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG
THE ARC OF SAID CURVE, A DISTANCE OF 3,399.93 FEET TO THE WEST RIGHT-OF-WAY
LINE OF CENTRAL BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE
945 AND AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND A POINT ON A CURVE HAVING A RADIAL BEARING OF
SOUTH 54°26'S4" EAST, A RADIUS OF 3,879.72 FEET, AND A CEN7RAL ANGLE OF
8'04'22". THENCE PROCEED NORTHERLY AND EASTERLY ALONG THE ARC OF SAID
CURVE ANQ WEST RIGHT-OF-WAY LINE, A DISTANCE OF 546.64 FEET TO THE END OF
SAID CURVE; THENCE NORTN 43°37'28" EAST, A DISTANCE OF 373.82 FEET TO A
CURVE HAVING A RADIAL BEARING OF NORTH 46°35'56" EAST, A RADIUS OF 1,669.35
FEET, AND A CENTRAL ANGLE OF 92°02'08". THENCE PROCEED NORTHERLY ALONG
THE ARC OF SAID CURVE DEPARTING FROM SAID WEST RIGHT-OF-WAY L{NE, A
DISTANCE OF 2,681.51 FEET TO THE END OF SAID CURVE TO 7HE EAST-WEST
QUARTER SECTION LINE; THENCE NORTH 87'S6'04" WEST, ALONG SAID EAST-WEST
QUARTER SECTION LINE, A DISTANCE OF 1,123.80 FEET TO THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED PARCEL.
• PARCEL 31.11
A PARCEL OF LAND SITUATE IN SECTION 35. TOWNSHIP 41 SOUTH, RANGE 42 EAST;
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE
?-95 AND THE EAST WEST QUARTER SECTION L{NE iN SAID SECTION 35;THENCE
SOUTH 28' 00'21" EAST, ALONG THE WEST RIGHT-OF-WAY LINE, A DISTANCE OF 411.88
FEE7 TO A POINT ON A CURVE HAVING A RADIUS OF 24,688.05 FEET, AND A CENTRAL
ANGLE OF 2-22'34". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC
OF SAID CURVE AND WEST RIGHT-OF-WAY LINE. A DISTANCE OF 1,023.84 FEET TO
THE END OF SAID CURVE AND THE NORTHWEST RIGHT-OF-WAY LINE OF CENTRAL
BOULEVARD; THENCE SOUTH 43-37'19" WEST, ALONG SAID CENTRAL BOULEVARD
RIGHT- OF-WAY LINE, A DISTANCE OF 362.91 FEET; THENCE SOUTH 40-34'08" WEST,
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 751.07 FEET; THENCE SOUTH
46-22'41" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE
SOUTH 43-37'28" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 407.16 FEET
TO A CURVE HAVING A RADIAL BEARING OF NORTH 46-35'56" EAST, A RADIUS OF
1669.35 FEET, AND A CENTRAL ANG�E OF 92-02'08". THENCE, DEPARTING SAID
RIGHT-OF-WAY L1NE, PROCEED NORTHERLY AND WESTERLY, ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 2,681.51 FEET TO THE EAST-W EST QUARTER SECTION LINE;
THENCE SOUTH 87' S6' 03 EAST, ALONG SAID QUARTER SECTION LINE, A DISTANCE OF
210.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN OESCRIBED PARCEL.
�
EXHIBIT ��A"
LESS AND EXCEPT THE ADDITIONAL RIGHT-OF-WAY FOR INTERSTATE 95 CONVEYED
TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, BY THE DEED RECORDED IN OFFICIAL RECORDS
� BOOK 7481, PAGE 238.
CONTAINING 25,290,789 SQUARE FEET OR 580.60 ACRES, MORE OR LESS.
�
�
L I D B E R G L A N D EXHIBIT «A��
SURVEYING, INC. ,
• 675 West Indiantown Road, Suite 200, Jupiter, Florida 33458
VOICE 561-746-8454 FAX 561-575-3735
LEGAL DESCRIPTION:
PARCEL 31.08 A�JD A PORTION OF PARCEL 31.12
A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, TOWNSHIP 41 SOUTH, RANGE 42
EAST, AND SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE
MUNiCfPAL LIM17S OF THE CfTY OF PALM SEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE iNTERSECTION OF THE WEST R1GHT-OF-WAY LiNE OF INTERSTATE
95 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP
SECTION NO. 93220-2474 AND THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD
AS DESCRIBED IN OFFiCiAL RECORD BOOK 5805, PAGE 181, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE OF
INTERSTATE 95. SOUTH 30'31'49" EAST, A DISTANCE OF 2307.46 FEET; THENCE
DEPARTING FROM SAID RIGHT-OF-WAY LINE, NORTH 88°21'18" WEST, A DISTANCE OF
2993.88 FEET TO THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AS
DESCRIBED 1�1 OFFICIAL RECORD BOOK 5104, PAGE 945, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA AND AS SHOWN ON ROAD PLAT BOOK 6, PAGE 68, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA AND A PO(NT ON A CURVE CONCAVE TO
THE SOUTHE.4ST, HAVING A RADIUS OF 3759.72 FEET AND FROM WHICH A RADIAL LINE
BEARS �OUTH 58�52'43" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE AND �;LONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF l2°30'11", A
DISTANCE O� R20.44 FEET; THENCE CONTINUE ALONG SAID RIGH7-OF-WAY LINE
NORTH =l3"'3� 23" EAST, A DISTANCE OF 780.99 FEET; THENCE CON7INUE ALONG SAID
�RIGHT-OF-WAY LINE SOUTH 46°22'41" EAST, A DISTANCE OF 35.03 FEET; THENCE
GONTI��J!JF A! Or1G SAID RIGH7-OF-WAY LINE NORTH 46°10'00" EAST, A DISTANCE OF
a50.a� FEET. THFNCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE NORTH 51°13'00"
EAS ;. �; DI� ? a.^J��C 302.06 FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LWE
NGnTN =13 3; t:? EA,ST. A DISTANCE OF 287.60 FEET TO THE POINT OF BEGINNING OF
i N�. =1[:R� Iri t): �%R1BED PARCEL.
%'; _ P�;T=�.i,'; �; �. �'�; �3 SQUARE FEET OR '0.52 ACRES. MORE OR LESS.
��
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' ' :�
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F� : ��� . � ,�,�. _ _ ;�
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t
�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 18, 2002
Meeting Date: December 5, 2002
Resolution 184, 2002
Subject/Agenda Item:
Resolution 184, 2002 — Evergrene Master Sign Program.
Consideration for Approval: A request by Samantha Gregory of Urban Design Studio, for approval of
a Master Sign Program for the Evergrene Planned Community District (PCD). The Master Sign
Program proposes 27 signs throughout the community for identification and directional purposes. The
sign package includes three temporary signs at the Temporary Sales Center as part of this approval.
[X] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.• Costs: $ Planning and Zoning
Principal Planner � Growth Manag (Total) Action:
Talal Benothman, AICP Project Manag r
City Attorney Edward Tombar , [] Approved
Devel� nt Compliance
Finance $ [ X ]Approved w/
Current Funds conditions
Bahareh Wolfs, AICP
Human Resources [ ] Denied
Advertised: Funding Source [] Continued to:
Date: [ ] Operating Attachments:
-Resolution 184, 2002
[ ] Other -pCD Master Plan
-Master Sign Plan Key
-Entry Signs
Paper:
-Corner Monuments
Submitted by: [ X] Not Required -Neighborhood Parcel
Gr wth Management Signs
-Traffic Signs
� . � -Lighting Fixtures
-Environmental Signs
Charles K. Wu, AICP Budget Acct.#:
Department Director Affected parties
Approved by: [x ] Notified [ ] None
Ron Fe ', City Manager [� Not required
Date Prepared: November 18, 2002
Meeting Date: December 5, 2002
Resolurion 184, 2002
Page 2
BACKGROUND
This request is for approval of the master signage program, for the Evergrene PCD residential
development, which was approved by the City Council on December 21, 2002 through the adoption of
Ordinance 43, 2001. This request for approval is in compliance with Condition 17 of the approving
ordinance, which states that "the Planning and Zoning Commission and City Council shall review all
entry features to the proj ect, including entry signage, other architectural features, and landscaping, as
well as a master signage program, as a separate petition."
PROJECT DETAILS
The subj ect site consists of nine (9) parcels designated for single and multi-family residential. The
proposed master signage program is consistent with the design and character of the community,
utilizing stonework consistent with the "Tuscan" theme within the community.
Communitv Entrv Features
Hood Road
The applicant is proposing to erect community entry features at the entrances to the PCD at Donald
Ross Road, Hood Road and Military Trail. The Hood Road entry feature shall consist of 10-foot high
dual columns with "Cultured Stone" veneer, reflecting the Tuscan theme of the community, on both
sides of the entrance way. The exterior columns are attached to the perimeter wall that continues
along Hood Road at this location on both sides of the entrance. A monument sign located within the
median of the entrance road is also proposed as part of the overall Hood Road entry schematic. The
proposed median sign shall be 3.5 feet high and 10-feet,l0-inches long with two lines of copy, stating
"Evergrene" and "A WCI Community." The font proposed is "New Times Roman." Lettering shall
be carved into the farade. The monument sign has a"Cultured Stone" veneer and meets the
requirements of the sign code.
Military Trail
The applicant is proposing two "entry features" on both sides of the main entrance into the PCD from
Military Trail. Each entry feature shall be approximately 70 feet in length as viewed from Miltary
Trail and shall consist of stucco exterior finish. Each feature shall contain a sign copy area reading:
"Evergrene" and "A WCI Community." Planter areas are proposed underneath the sign copy area on
each entry feature. The font is to be "New Times Roman" and lettering shall be carved into the
fa�ade.
Date Prepared: November 18, 2002
Meeting Date: December 5, 2002
Resolution 184, 2002
Page 3
Donald Ross Road
Donald Ross Road has been identified by the applicant as the "main entrance" to the community and
the applicant has proposed an alternate elevation to provide for the sign copy font to be either "Times
New Roman" consistent with the other entrances, or "Papyrus", to identify this as a special entrance.
Consistent with the Hood Road entrance, the applicant is proposing a"Cultured Stone" veneer, in
keeping with the "Tuscan" theme within the community. The entry feature is approximately 70-feet
in length on both sides of the entrance, with the sign area containing lettering one-foot high at a
maximum. Lettering shall be carved into the fa�ade at a maximum letter height of 12 inches.
Corner Monuments
The applicant is proposing up to two possible "corner monument" locations at the corners of Donald
Ross Road and Alternate AlA and Hood Road and Military Trail. The corner monuments are to be
identical at both corners and shall be approximately 50 feet in length. The corner monuments are to be.
incorporated as part of the perimeter wall/fence design approved with the PCD and shall consist
primarily of the "cultured stone" veneer, consistent with the "Tuscan" theme of the community, and
include a ledge stone wall capstone and stucco base. The applicant has provided an elevation that
include a large specimen oak in front of the monument wall. No lettering or logos shall be affixed to
the corner monuments.
Of particular interest is the southeast corner of Donald Ross Road and Military Trail and the
southwest corner of Alternate AlA and Donald Ross Road. These corners have been identified as a
major gateway into the City from the north, due to its proximity along the northern boundary of the
City with the Town of Jupiter. These structures should be consistent with the corner signage
proposed on the west side of Military Trail, (Parce14.02/4.04) to create a"gateway effect" at this
intersection. Therefore, staff is recommending a condition of approval that the applicant amend the
master sign plan to exclude these corners as part of its corner monument program to allow for the
placement of a city entry sign, which would require a separate review by the both the Planning and
Zoning Commission and the City Council.
Parcel Entrv Signs
North Community Signs
The North Community Signs are to be located at Parcels 1, 7, and 8; which are generally north of the
Amenity Parcel. The parcel entry features shall consist of two 6.5-foot high columns on both sides of
each parcel. The columns are to be 4—feet 2-inches square. The exterior of the columns is to have
"cultured stone" veneer with stucco base. Raised brass letters, 3.5 inches in height displaying the
Date Prepared: November 18, 2002
Meeting Date: December 5, 2002
Resolution 184, 2002
Page 4
"neighborhood" (parcel) name, are to be located at the top of the capstone. The parcel entry columns
for the Amenity Parcel (Recreation Center) are to be of the same design.
South Community Signs
The South Community Signs are to be located at Parcels 3, 4A, 4B, 5, and 6, which are sites generally
south of the Amenity Parcel. The parcel entry features shall consist of a six-foot high column and
planter combination. A planter urn shall be placed on top of the column and will contain flowering
plant material. Raised brass letters, 3.5 inches in height displaying the neighborhood name, shall be
located at the top of the capstone.
Directional Si�ns. Light Poles and Fixtures
The applicant is proposing a uniform "Hunter Green" color standard for all directional sign poles,
borders and streetlights. Directional signage shall consist of Florida Department of Transportation
standard signage with "Hunter Green" aluminum borders mounted on fluted posts. The standard
height for all directional signage shall be 12 feet. Light poles shall be 15 feet in height and the style is
"FPL double and single acorn style." The maximum height for non-pedestrian lighting permitted is
25 feet. The applicant has provided for a manufacturer's cut sheet of the proposed light poles and
fixtures, which is attached to the staff report.
The applicant is also proposing "environmental signs" to be located along the nature trails proposed
within the PCD. The proposed signs are to be 4 feet in height with '/a inch high carved lettering
providing directional information.
Previous approvals for site plans within the Evergrene Planned Community Development (PCD) have
contained a condition of approval for metal halides lighting on residential streets. Upon further
consultation with the City's Crime Prevention Through Environmental Design (CPTED) Division
within the Police Department, it has been determined that high pressure sodium lighting is more
suitable for residential streets, due to their lower intensity of lighting levels. Therefore, staff has
added a section in the approving resolution (Resolution 184, 2002) repealing the condition for metal
halide lighting on residential streets in Parcels 3, 4A, 4B, and 1, 2 and 7.
Waivers
Section 78-285 of the City's Land Development Regulations prohibits more than one perimeter wall
or entry feature sign for a residential development. The petitioner requests an additional sign at the
Donald Ross Road and the Military Trail entries into the Evergrene development. As this entry
characteristic/design has become a typical practice within the City of Palm Beach Gardens, the
Date Prepared: November 18, 2002
Meeting Date: December 5, 2002
Resolurion 184, 2002
Page 5
petitioner is requesting the opportunity to display the Evergrene development name on either side of
the entryways in an effort to assist motorists to easily locate the development. Staff recommends
approval for the waiver, as the proposed entry features are consistent with similar planned
communities throughout the City.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission reviewed this application at its September 10, 2002 meeting
and unanimously recommended approval of this petition.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 184, 2002 with conditions of approval.
Etombari/edsproj ects/evrgrenesignstaffreport
Date Prepared: November 19, 2002
Page 1
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 184, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING A MASTER SIGN PROGRAM
FOR THE EVERGRENE PLANNED COMMUNITY DISTRICT (PCD),
LOCATED BETWEEN MILITARY TRAIL AND ALTERNATE AIA,
NORTH OF HOOD ROAD AND SOUTH OF DONALD ROSS ROAD;
PROVIDING FOR AMENDMENTS TO CERTAIN CONDITIONS IN
PREVIOUSLY APPROVED RESOLUTION 150, 2002, RESOLUTION 72,
2002, RESOLUTION 181, 2002, AND RESOLUTION 182, 2001 RELATING
TO LIGHTING; PROVIDING FOR A WAIVER; PROVIDING FOR
CONDITION(S) OF APPROVAL; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City has received an application from Urban Design Studio, agent for Community
Finance Company, for approval of a Master Signage Program for the Evergrene PCD (MISC-02-OS),
located between Military Trail and Alternate AlA north of Hood Road and south of Donald Ross
Road, as more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the applicant seeks a waiver as part of site plan approval; and
WHEREAS, the 362-acre site is currently zoned Planned Community District (PCD) Overlay with
underlying zoning of Residential Low (RL-3), and a future land-use designation of Residential
Medium (RM); and
WHEREAS, the Growth Management Department has reviewed said application and determined that
it is sufiicient and consistent with the City's Comprehensive Plan and Land Development
Regulations; and
WHEREAS, on September 10, 2002, the Planning and Zoning Commission recommended approval
of the site plan application; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the
citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
Date Prepared: October 4, 2002
Page 2
SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a
Master Signage Program for the Evergrene PCD, as more particularly described in Exhibit "A"
attached hereto and incorporated herein, allowing for the construction of entry signs, corner
monument signs, parcel identification signs, directional signs, environmental signs, traffic control
signs and street lights.
SECTION 3: Said site plan approval shall comply with the following three conditions, which shall
be binding upon the applicant, its successors, assigns and/or grantees:
(1) Within three (3) months of the City Council's decision on the specific location(s) and design
of the City entryway sign(s) applicable to the Evergrene PCD, the applicant shall file an
administrative amendment petition with the Growth Management Deparhnent to include said
entryway signs. The specific locations may include the southeast corner of Donald Ross
Road and Military Trail and the southwest corner of Alternate AlA and Donald Ross Road,
which may be within the Evergrene property, FEC right-of-way or FDOT right-of-way. The
applicant shall construct and maintain said entryway sign(s) within twelve (12) months of the
City Council's approval of the entryway sign petition. (Planning and Zoning)
(2) Should the City Council elect not to approve gateway signs on the aforementioned corners,
the applicant shall install corner monuments, as approved in this resolution. (Planning and
Zoning)
(3) Corner monument signs shall not include development logo plaques affixed to any portion
of the structure, as depicted in the May 10, 2002 Master Sign Program. (Planning and
Zoning)
SECTION 4: Said approval shall supersede Resolution 150, 2002, Condition 3a; Resolution 72, 2002
Condition 4; Resolution 182, 2001, Condition 4; and Resolution 181, 2002 Condition 5 with the
following language:
"� ,; ^'�*;r�- �'��„'�° m°*�„��,; a° All li�hting shall be in accordance with CPTED guidelines
which dictate that all snine roads, entrvwav areas, and the amenity center shall have metal
halide li hting, and all internal residential parcel roads shall have high pressure sodium
lightin�
SECTION 5: The City Council of hereby approves the following waiver with this approval:
1. From Section 78-285 — Permitted Signs, to allow for two entry signs at both the Donald
Ross Road and Military Trail entrances to the PCD. The LDRs allow for a maximum of
one sign per entry to a residential community.
SECTION 6: Said approval shall be consistent with all presentations made by the applicant or
Date Prepared: October 4, 2002
Page 3
applicant's agents at any workshop or public hearing.
SECTION 7: Said approval and construction shall be consistent with plans filed with the City's
Growth Management Department as follows:
1. September 3, 2002 Addendum Sheet lA, Military Trail Entry Sign, UDS, 1 Sheet.
2. September 3, 2002 Addendum Sheet 1B, Alternative Military Trail Entry Sign, UDS, 1
Sheet.
3. September 3, 2002 Addendum Sheet 2, Color Selections, UDS, 1 Sheet.
4. May 10, 2002 Evergrene Master Sign Program, Lucido and Associates, Details 1-24.
5. May 10, 2002 Evergrene Sign Key Plan, Lucido and Associates, 1 Sheet.
6. January 1, 2001 FPL Decorative Street Lighting Fixtures, Acorn and Double Acorn
Fixtures, 2 Sheets.
SECTION 8: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 9: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 10: This Resolution shall become effective immediately upon adoption.
[ This space intentionally left blank.]
Date Prepared: October 4, 2002
Page 4
PASSED, ADOPTED AND APPROVED this day of , 2002.
ATTEST:
PATRICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
EXHIBIT A
/etombari/edprojects/evergrenesignreso
Date Prepared: October 4, 2002
Page 5
LEGAL DESCRIPTION � EXHIBIT A �
A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 SUU I H, RANGE 42 EAST,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS�
THAT PART OF THE EAS7 HALF (E 1/2) OF SAID SECTION 25 LYING NORTHERLY OF
THAT CERTAIN ROAD RIGHT-OF-WAY .DESCRIBED IN DEED 600K 1083, PAGE 139,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLQRIDA. LESS AND EXCEPTlNG
THEREFROM THAT. PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT-OF-WAY
LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO LESS THE RIGHTS-OF-WAY
OF MILITARY TRAIL AND DONALD ROSS ROAd.
CONTAINING J7.296 ACRE5, MORE OR LESS.
TOGETHER WITH�
A PARCEL OF LAND SITUATE IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
�ESCRIBED AS FOLLOWS� �:
4� �
THAT PART OF THE EAST HALF (E 1/2> OF SAID SECTION 25 LYING SOUT;HERLY OF
THAT CERTAIN ROAD RIGHT-OF-WAY DESCRIBED IN DEED BOOK 1083, PAGE 139,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH 1"HAT PART
OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST LYING NORTHERLY OF THE
NORTH RIGHT-OF-WAY LINE OF H00� ROAD AND EASTERLY OF MILITARY TRAIL.
LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF LYiNG EASTERLY OF
THE WEST RIGNT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO
LESS THE ADOITIONAL RIGHTS-OF-WAY OF MILITARY TRAIL AND HOOD ROAD
CONVEYED IN OFFICIAL RECORDS BOOK 7483, PAGE 1746. ALSO LESS THOSE
PARCELS OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2856, AT PAGE 595,
OFFICIAL RECORDS BOOK 2732, AT PAGE 422, AND OFFICIAL RECORDS BOOK
2732, AT PAGE 428, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 265.424 ACRES, MORE OR LESS.
_AST DATE OF FIELD WORK� 2/01/00
SURVEYOR'S CERTIFICATE
HEREBY CERTIFY THAT THE TOPOGRAPHIC SURVEY SHOWN HEREON .COMPLIES
NITH MINIMUM TECHNICAL STANDARDS FOR SUftVEYS AS CONTAINED IN
;HAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION
�72.027, FLORIDA STATUTES, AND THA7 SAID SURVEY IS TRUE AND
;ORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF A� SURVEYED UNDER
IRECTIO
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File Naroe: 288-L10-Hood Sign Elevation Alternative Ho o d Ro ad Entry
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8" Text Height, 1" Spacing
Times New Roman Font Style
l" Depth Carved Letters
4" Text He'sght, 1!2" Spac'sng
New Times Roman Font Style
�- ,•� , •
ii�� �:1 •
1'-6"
2� �-
Ledge Stone Wall Cap, Fiiush
to match Gate House Stone Comice Color.
. EVERGRENE
• A W. C. I. C O M M U N I T Y
� ' 2 ' Palm Beach Gardens - Palm Beach Co., FL
Scale: 1 /2" = t'-0"
Project: 288 Evergrene
File Name: 288-LI O-Hood Sign Elevation A lternative H o o d Ro ad Entry
File Date: JB.05.10.02
� LUCIC�O � �SOCIateS � Detail3A
�"� $tuart • h'urt Picrcc • Oriandn
�� r� Land Planning/ Landsca�e Architecn�re Median Sign Plan & Elevation Detail
v 322 Gm a Avcuuc, Swarr, rL 3499a
� V�� �
� / Ph. (56!) 22�-211X), F:u (Shi) 22.i-�220
V
—.. — — . .— . . . . PLAN VIEW
1'-3 �� � •'. `i' :" ...':' . ; •. ..• � ' :. - '. � : ::. . . �: :..� .. •: �'� � � •. � � • .• � .T Z.� pepth Carved Letters,
� • � ' . .: � •' . . � . . ��.' .: •.. . . . ' � 8" Text Height, I" Spacing,
• �' � � Times New Roman Font Style.
���.���.' .•��:..:!:'.....�..:•.:.� :•. .� •:'�...•' '._�;..�.:•• •:; ��''':'� ' ��.��
Cedge . '
��: . . . .. '. ,. . . •�
--� . •, � __.__
�-.-_ ....:.-�� � � _.—. - �-_-•.---� �
� u ��: ••��' • • .. • . .. . , • :•�� �.. n
2-6 . . ..�..�. _ �_ ...�.�.. : � ..� 8
' � �.-� . r. � �. . .t:r.r: ::._. �.� � �;._ �
• . . • • • : ' ' .�... ... „ . •..��''—. .
�.� .. ..'.. �:::�.��:. � � . � .� : . . .��
. � . . . . .. . . . . Ledge Stone Wall, Finish
1 �-3 n ' • • � - • . . • . . � . • •.. . . to match Gate House
I- Stone Cornice Color.
�•.• . • - . . � . . � � . � . .� . ' . '.i • • ..:: . ..�
1�_��� g� 2�� ` ELEVATION VIEW
�
Ledge Stone Column Cap,
- Finish to match Gate House
Stone Cornice Color.
C �
���
4"
2�-s"
� � � (�
0
2�
� ��-� ���
7'-6"
��� V� ��� .' ���.1
. .. ..��..
���, �::.A.�W.�I: �:O
�
Typical CMU Wall w�th mortar Cultw�ed
Stone, Finish to math Gate House Walls.
. .
�
Ledge Stone Wall, Finish
to match Gate House
Stone Cornice Color.
2" Depth Carved Letters,
8" Text Height, 1" Spacing
Times New Roman Font Style
1 " Depth Carved Letters
4" Text Height, 1/2" Spacing
New-Times Roman Font Sty1e
_
�
� I
i ■��
-
� �
�I� ��1 •
� ��•••I
��������•
� -.� •
.��.�
�� .
��_.
3'-6"
2'-9" I
1'-9" �
Ledge Stone Wall Cap, Finish
ro match Gate House Stone Comice Color.
EVERGRENE
,•� A W . C.I. COMMUNITY
� ° '� 2� '� Palm Beach Gardens - Palm Qeach Co., FL
s�ale: �n,� _ ��-o•, .
Project: 288 Evergrene H o o d Ro ad Entry
! File Name: 288-L8-Hood Sign Elevation
i File Date: JB.05.10.02
�� Lucido F� A�ciates
_^ ,I� Srv�re • I�orrPic.« • t)rland�
v_ v v Iand Planniag / l.andscapc hrdilacnue
�/ V� 312 Gcv�gia Avrnuc. Stuart, Ff. 39994
v Ph. (561) 270.2iW, Fax (561) 223-0T20
I I
PLAN VIEW
■�i
DETAII.ENLARGEMENT
Nol To Scale
I
1� I
�1
/ �i
i __�
1
�
�
I II II I II
�------- --_°�-�. ... ----- -. . -----
___---1-I----.__ __..-_ ------ -----1#— ------ ----- ---_.--- —
I II II II � II �
�� n n
� f� i}--Standard FPL Fixture, I I I I � �.
I �A'� Hunter Green Color, � � "
I I I T.B.D. by Owner. � � Ledge Stone Column Cap, Finish l �
I° I I � � to match Gate House Stone Comice.Color. ��`
�� I I Raised Srass Metal Letters ��
I I
Lazge Brass Gas Light 6y Gaslite Ameiica. Ptauter Ledge ��
i° I� Installed w/ automatic ligth sensor bunner Cast Stone Wall, Sand Stone Finish to ���
I � j regulator. � i match Gate House Stone Comice Color. �\\
� �I II �\
� Ledge Stone Column Cap, Finish to match � � �
� � r Gate House Stone Cornice Profile & Color. I i
�!
�—+1— Lazge Brass Gas Light by Gaslite America //
t ��� Installed w/ automatic lig[h sensor bunner ��
� N regulator. ��� ��/
I � I ��
� o��— Raised Brass Logo mounted on a Cast Swne ��. i�
� �� Pl uew/Sand StoneFinishtomatchGated � —_�_—�=��
i ii a9 — — —
�____ �� HouseStone Comice Cotor.
�� Typical CMU Wall with mortar .
!i Cultured Stone, Finish to match Gate House Walls.
-------�`---- ---t—�-------
Palatka Holly
i � 1 � � \�� A �i I �� �1
ELEVATION VIEW o ao �oo�^� �
3
�
10' _
UE '
0 2' 4' R• 8• -___—_ IR�
Scale: 3/32" = 1' - 0"
Project: 288 Evvgrne
File Neme: 288-IS-HoodRd Elevation.dwg
Fi4 Date: JB.05.10.02
116' R.O.W.
Live Oak I �
j( .�,�i
� I
�� Standard FPL Fixture,
Hu�tei Cmeen Color,
� T.B.D. by Owner. C
Typical CMU Wall witL mortar
Cultured Stone, Finish to match 3�_6" �
Gate House Walls. � —,
Vegetarion to be Preserved
Median Sign
4' Mia +�
from BOC
l
Stucco Finish to match Gated 5' 1'
g� House Stone Cornice Color.
lk�lz� 20' Pavement 24' Median 20' Pavement 1
2' Curb and Gutter 2' Curb and Gutter 2' Curb and Gutter 0 2' Curb and Gutter
rtARY
� Detail2
Plan &c Elevation Views
I �
—�------------I�---___ _----- ----_ ___-__.
i i 3
� I
I I �
I �
I �
ei io
,I i,
I I
I I I
I I
I I
I I
_ J L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
�\\ ------- --------------------
��� I Ledge Stone WatlCap,
��� Finish to mauh Gate House
� �� \ `I Stone Comice Color.
�� I
�, �—Italian Cypress
Typical CMU Wall w/
Stucco Finish to match
Gated House Stone
Cornice Color.
3
O
w'
g' N 10'
:walk UE
e+ore
� rmcawmrnu.rom�o..mN�
�e��
��Yb��Mn�6a�wud
CealMl Wm64a�mM6�mxion.
EVERGRENE
A--_W--C----L�C�-Ivi..M U_N_i_T-Y_
Palm Beach Gardens - Palm Beach Co., FL
Hood Road Entry
� � i
,� Lucido £� Asisociates I
-^ Sru�re • i�re Pic.cr • UrlanJ�
� v_ v� I,andPlnn�u"ng/landscapc rltchirccture .
v V� 322 Gcnigia 1 , Srvvr, F1. 34994
_ \ /. _ Ph, (56!) 220.27(q Fex;561) P23-02i7 '
_ —__ F _--___._ _________.—_— __— _— .—_ —. ___.___—_—___—
�
�
�
�
�
�
Typical Florida Planting Buffer Sidewalk
� Laurel Oak Sfandard FPL Light Fixture, —
Hunter Green Color,
Entrance Signage T.B.D. By Owner.
�' r^"^r� � r`^^�✓�y- T r^ rA i a
M,
w � w 4 ~ 4
��
a
o /� RGR[vC
� I
—Buffer� Entrancc Signage {Typ.) 20' Pavement�—Mcdian—�20' Pavement �-Entrance
5' Sidewalk reen Easement Green Easement 5' Sidewalk
�
�
�
�
� 0 5' 'p zu m �
Scale: 1" = 20' • 0"
� Pmjecl: 288 Evergrene
File Name: 288-L7-Military Elevatian.dwg
F0e Dete: JB.05.10.02
�
u
I
I
I
I !
?reserve Existing Vegetation
i
'aurel Oak
lharacter Oaks
Detail5
Overail Elevation View
"4_. .
�
�Buffe�
EVERGIZ�NE
A W.- C�: I A; �--N I, T Y
c�. y ��u �'�" .
Palm Beach Gartir�� � Co.; FL
�y �
Militaryy° �:�ry
� �� Lucido £� As�iares
^ ,� S�u.rr • I��.�Nie.ce • [).landu
� v`� v` v' l.and Plnnning / landscapc Mdu'rccnue
v; v 322 (ieolqie ,ircnue, Swrt. F7. 34994
v PM1. (56!)110-1100, Fax (561) 223-0210
/� T.O.W.3��6"
2�-6��
��/ � T.O.W.4'-3"
'C
2 6�
ENTRY SIGNAGE PLAN VIEW
ENTRY SIGNAGE ELEVATION VIEW
f�
Z�-6"
�
�..
� ,
Detail7A
� �Plan & Elevation Views
I--__ _- -- _ -- _— -- — _ — -- _—_ __ -_ . _
�
I
T.O.W. 3'-6"
I
Ledge Stone Wall Cap, Finish to � TA.W. 4'-3"
match Gatc House Stone Comice Cobr.
� Ledge Stone Column Cap, Finish to
match Gate House Stone Comice Color.
Curve Ledge Stone Walt, Assemble in Modules, �
�.W. 3'-6" � Finish to match Gatc House Stone Cornice Color. �
i �
Planter Ledge T�O.W. 3'-6"
I �
I
T.O.W. S_3" � T.O.W. 5,_3,� I
T.O.W.4'-3" � � T.O.W.4'-3" i
T.O. W. 7,-6" i
T.O.W.6'-3" � T.O.W.6'-3"
Curve Ladge Stone Wall, Assemble in Modules,
Finish tolmatch Gate House Stone Comice Color.
Cast Stone Logo � Typical CMU Walt with mor[ar Cuttured Stone,
2" Depth Carved Letters, Finish te�math Gate House Walls. --
l2" Text Height, 3" Spacing T.O. W. 2'-3" �
New Times Roman Fon[ Style. Ledge Si�ne Wall Cap, Finish tn
match G' te House Stone Cornice Color.
2" Depth Carved Letters � Ledge S�one Column Cap, Finish to
4" Text Height, 2" Spacing match G[e House Stone Comice Color.
New Times Roman Font Style IO^ � 3 2'-3"
—'k
� o R�RENE � —� � ^' ,`6„
�-- �_riDo� nwaco nn,�v�rv� � 00 �° I I i
�
2�-6,
i�c
23'-6
I8� 5�� . y_6„ �.-
EVERGRENE
—p W _� _L _(`_(ZM_M_i T_N_i '�y
�; �..+ u `� � _
o,, _, ,, .. 9, Palm Beach Gardens - Palm Beach Co., FL
Scale: 3/16" = P � 0"
� Project:268Evergrene �onald Ross Road Entry
i File Name: 288-L2-Do¢ald Elevation.dwg
i Fde Date: JB.05.10.02 j
�
__,�—_ _ - �,:� �
• � • j •
�;� LuCl[IO � ASSOCiates Detail8B
��\c, Sni�re • I+o.rYir.cc • Orlando
,/„ `v' tandai�;,,g/f.�nds�a� anmK�„n Plan & Elevation Views
-�/ v �/-°-�n�eco,�,�� u�. s�w,r�. 3avva _
_ _
. __---- --------- --
\/ Ph(,5G7)2202IOO.Fxx(56/)223-02?0 ' -�-�- �--�--�-----�-�- --�-
v I
PLAN VIEW 50' i
12'-6^ 2S l2'_6" I
T.o.�w. 7,.p„ �.o.w. io,_o„ xi2� ' r.o.w�. ��-oi
i
i
i
i
/
/
f
/
I
I
1
l
1
\
\
Ledge Stone Column Cap,
Finish ro match Gate House
S[one Comice Profile & Color.
Raised Brass Logo mountcd on a
Cast Stone Plaque w/ Sand Stone
Finish to match Gated House
Stone Comice Color.
T.O. W. 6'•0"
Typical CMU Column with
moctar Cultured Stone,
Finish to math Gate House Walls.
�� T.O.W. 8' 0" T.O.W. 6,_�,�
\ `` � �--
� — -- --
�. � _ T.O.W. S'_0"
� 1 I
Detail �
/
Enlazgement � �
Not To Scale� � q� 2•� �
/
i
i
` ^__..___ -- \; ,
_ �
;:4 6'.' k0 --
,5,. $
� �
6
�
".: �.. ,�.:." '.._.�I � : J ..: ''.
ELEVATION VIEW
a �' z m x�
Scale: 3/16" = 1' - 0"
Pmject: 286 Evergrrne
Fik Namr. 288-L13-Comer Minummtdwg
3�_2„
�:
� O.W.lO'-0' T.O.W.S'_0"
� �� � � _
� --
. �
� �
IT.O.W. 6�_���
j T.O. W. 8,_�,�
---- - - �
T.O.W. 6�_I ��
-,� 4� Z�� —,� Ledge Stone Wall Molding,
� Finish to match Gate House
i Swae Cornice Coloc & Profile.
i L.edge Stone Wall Cap,
; � Finish.to mazch Gate House
I 3�'4�� �I I � Stone Comice Color.
� ?� Ledge Stone Column Cap, Finish ro
'- j �- match G9te House Stone Comice
°� R t'-6" 2' Profile & Cotor.
� I
t
� �^ � 6 � .
� : ;,
�
Typical CMU Wall with mortar I Typical��IviU Column w/ Stucco Finish
Cultured Stone, Finish to match � Stucca F.,inis$ m match Gated
Gate House Walls. I Hbuse 9totie Comice Color.
Stucco Finisb to match Gated � Typical CIviU WaHwl Stucco Finish
House Stone Comice Color. ,
� A W . C . I
Palm Beach Gaz<
Altern�ative Corn�r:
O M M U N I T Y
- Palm Beach Co., FL
Ionuments
� �;� Lucido � A�ciates
��'�,�/. Stiu.t • Fn.rYierce • UrlanJo
„ `v '� Jand Planning / /andsppe Atchltcctwr
� �/v�/ 3TI(kagia,Ivrnuc.5mvt,FJ.3499J
v Ph. (561J 220.21W, Fva (56LJ 123�0220
� �
�
� '
� � 9s � `
�
_�
.
�
�u
._.......: —
, .. � .. ; ..
� �
� �
.
a ,..,...,.._,..� �. ,�_ . ,�_ ,R•_ .
Palmetto
ting Vegetadon to be Preserved
�
'���� � � ��. { / �. � �
� �. ���� .=�=� ti �. �� i
�•- r � ,v/� r
` �y r .�.
�/l
•
�
�.
��� �
�
i •
Detail9B
Landscape Concept - Royal Palms
n Palms �
��i9uffer Planh g
❑�-
= i
_ �
� — `�
_ :,,
_ : ,-
,,
� �, �,�.-�. I `l . �AM1� .: A�_ �+bt .��+,,, �I :
planting
EVERGRENE
u u �� I A W. C. I. C O M M U N I T Y
o t� z� a•
Scale: 7l16° = r-o^ fl �� Palm Beach Gardens - Palm Beach Co., FL
Project: 288 Evagrene I 1�
FiloName:288-L15-ComerMinumrnt.dwg � . /� l��y.*.����"P �oyy��}+ �Oy�7�y�1�y1�C
FileDate:1B.O5.f0.02 171 111 V� 111 1 11�.�111 11 O
�
_ _ _ _� --- -- __ - --
_ i. •
� LUCIC�O � t`1SSOCIateS Detail 18
��,� Stu�rt • Fut�Vicrcc • (lrlandu
vr ` y' Land Planning / l.andscarc Archirecn�rc Typical Regulatory Sign on Pole
•v Vv 322 Grnrgia Avcnuc, Stuur, rL 34994
\ / Ph. (.S(I) 210-211k), Fax (.Sh]) 22.i-1)22!)
V
1. e
Standard Traffic Regulator D.O.T. Sign.
Signs are designeA and installed according to
Palm Beach County, FL-Traffic Division
Sign Paceuient.
Afl D.O.T. Signs are mounted ou .080 thickness
Aluminum. D.O.T. Sign Face have a 3M high intensity
sheeting for maximum visibility. Breakaway poles are
utilized for all sign assemblies.
EVERGRENE
A W. C. I. C O M M U N 1 T Y
o r z� r
Scale: U2° = r-o° Palm I3each Gardens - Palm Beach Co., FL
Project:288Evergrene Traffic Regulatory Sign
File Name: 288-L22-Regvtator Sign.dwg
File Date: JB.05.10.02
,�_
;� . >
�
L _J
1 �
FPL
Decorative Streetlighting Product information
Fixture � �m
HPSV
..:...:,.:.V:�:.,_�:..:,_:.::..�...._.-. �
Glass Acorn
- Single Fixture
- Base Availabie in 81adc,
Green, and Natural
- Available in 120V Only
Pole Tvues:
- UVashington Corxxete
IIAH
Black Washington Biack I Green f
Decorative Concrete Natural
with DouWe Bracket Washington
for mouMing two Decorative
Acom Flxtures Concrebe
Black
Octagonal Dark
Decorative Standard Bronne
Concrete Concrete Fibemlas
81ack Only • - BNacJc Only - Dark 8ronze Cobr
For Mounting two Acom Fi�dures - 6' Brad�et / Arm -10" bradcet / arm
Available in 120V Only - Ava�able in 120V Only - Available in 120V OMy
ble Tvoes: Pole Tvoes: Pofe Tvaes:
&ack Washingbon Conaete Ony - Bladc Octagonal corxxete - Std. Concr�ete pole
- Also avaNableon concrete FPL - Daric Bronze Fiberglass
Pdes
FPL's Decorative Street Lighting
Demonstration Site
6001 vllage Blvd. West Patm Beach, Flarida. 33407
I-95 8 45th Street Exit �154 (Then North on Village Btvd)
� Please contad your FPL Represerrtativefor fuRher detaits.
�
M
ort�jP���t pk4►y
,`
Commerco PI .b 'i
---t
v;_: - - !� -`--',
�� � ��— -.
.gr'% � st
al
��� !
�(
�� ,'
�� �
�`. `
�:��amol� �i��-.,
� anuary 1. 2001
DSL Produd Information
:� ^ `-
�
�
Decorative Street Lighting Banner Attachments must be approved by FPL.
Please contact Scott Stephens, FPL Product Specifications Engineer at
(561) 845-4886 for banner attachment manufacturer information.
Descri pti on
Breakaway Clamp-on
Banner arm 24" long
. - �' . ;
. �r
�
Customer Owned i
Maintained
�
/ LUC1C�0 � t`��C1aCeS • Detail2l
��� Sruarf • Fnrt Picrcc • (>rlandn
v� r� LariJl'lanning/Landscape Arcl�irecn�r� Typical Regulalory & Street Signs on Light Pole
vV\/ .i22 Gmrgin Avcn�c, Stuart, FL J4994
� / Ph. (S(/) 220-211N), Fu (56/) 22.7-p22r)
V , ,
3'-6" -�-
\ J
Standard fPL Light �ixture, Hunler Green
Color, Style T.B.D. E3y Owmer
Cast Aluminum Plaque, I/4" $mbosed Text & 1/4" Frame,
3" Text Height, 1/4" Spacing, New Times Roman Font
Style, Csetters and 1/4" Frame Painted MetaJic Gold,
Hur�ter Green I3ackground, Embossed Evergrene Logo
Paintcd Metalic Gold.
Standard Traffic Regulator D.O.T. Sign.
Signs are designed and installed according to
Palm Beach Cowity, FL-Traffic Division
Sign Pacement.
All D.O.T. Signs are mowited on .080 thicluiess
Aluminum. D.O.T. Sign Face have a 3M high intettsity
sheeting for maximum visibility. Qreakaway poles are
utilized for all sign assemblies.
EVERGRENE
•� A W.C.I. COMMUNITY
o ,� z� ,�
Scale: I/2��= r-o�� Palm T3each Gardens - Palm Beacl� Co., FL
Project: 288 Evergrene Traffic Regulatory S ign
File Name: 288-L21-Regulator Sign.dwg
File Date: JB.05.10.02
� Lucido � ociates
��� tituarr • ForrPicrci� • Urlandir
v
vv �/ Land PlanninK / Landscape ArchitecCUre
v., .i22 Gcnrgia Avrnuc, Stuart, FL .7a99a
vPh. (56() 22()-2/(�. Fax (561) 22.1-R220
►�J
•
�
-'I�-
8„
�
2'
�
4'-6"
Tr�il.Patlr!
PLAN V[EW
Typical CMU Wall ���ilh stucco
finish to match Lcdge Stone and
Gate House Stane Cornice Color.
�_
ELEVATION V[EW
1/4" Depth Carved Letters
3" Text Height, I/8" Spacing
New� Times Roman Font Style
Typical CMU Wall writh stucco
finish to match Ledge Stone and
Gate House Stone Comice Color.
Detail 22
Sign Plan & Elevation
�
�
\
EVERGRENE
A W. C. I. C O M M U N I T Y
�� 2, 1�
Scale: V2�� = r-o�� Palm Qeach Gardens - Palm I3each Co., FL
Project: 288 Evergrene
File Naroe: 288-L3l-Gnvu-onroental Sign Environmental Signs
File Date: JB:05.10.02
�
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 5, 2002
Meeting Date: December 5, 2002
Resolution 213, 2002
Subject/Agenda Item:
Resolution 213, 2002: Old Palm Golf Club Maintenance Facility and Golf Academy
Consideration of Approval: A request from Samantha Gregory of Urban Design Studio, on
behalf of WCI Communities Inc., to allow for the construction of a golf course maintenance
facility on a 4.66-acre site, a golf academy building on a 1.579-acre site, and an 80' X 80'
helistop within the Old Palm Golf Club Planned Community Development (PCD). Old Palm
Golf Club PCD is bounded by Westwood Gardens Planned Unit Development to the north, the
Ronald Reagan Turnpike to the west, and Central Boulevard to the east, and PGA Boulevard to
the south (02-42S-42E).
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ City Council Action:
(Total)
Growth Management:
Principal Planner� [ ] Approved
Talal Benothman Project Manager— ;����Y $ ��APProved w/
City Attorne Natalie Wong, Current FY conditions
Leonard Rub , esq. Planner
Development � [ ] Denied
Compliance
Bahareh Keshavarz-Wolfs, Advertised: Funding Source: [] Continued to:
AICP
Date: [ ] Operating Attachments:
Paper: [X] Other: NJA • Table 1— Zoning &
Land Use
• Table 2 — Code
Comparison
Submitted by: • Site Plans
[X] Not Required • Landscape Plans
• Elevations, floor and
Growth Mac�ag e roof plans
Administrat • Conditional Use
Charles K. Wu, AICP Analysis
Affected parties Budget Acct.#:
Approved by: [X] Notified [ ] None
City Mana er ] Not required
Ronald M. Fe is
Date Prepared: November 5, 2002
Meeting Date: December 5, 2002
Resolution 213, 2002
BACKGROUND
The City Council adopted Ordinance 32, 2002 on September 18th, 2002, granting approval for
the Old Palm Golf Club PCD. The master plan provides for 333 residential units on
approximately 651 acres, and consists of two (2) portions of the PCD, located east and west of
Central Boulevard. The eastern portion (70.5 acres) will contain the golf academy, golf
maintenance facility, and practice driving range; the western portion (580.5 acres) will provide
for all of the residential units on eight (8) different parcels.
The golf maintenance facility will be located at the southeast corner of Interstate 95 and Central
Boulevard. It will consist of a 15,000 square-foot golf maintenance building, a 1,800 square-foot
chemical storage building, a 900 square-foot fertilizer building, and a 2,850 square-foot car wash
structure on a 4.66-acre site. The 1,309 square-foot golf academy building will be located on
1.579 acres south of the proposed Old Palm PCD driving range.
LAND USE AND ZONING
The subject sites are zoned Planned Community District (PCD) Overlay with an underlying
zoning of Public Institutional (P�, and have a future land-use designation of Residential High
��)•
The gross density of Old Palm PCD is 0.51 units per acre, consistent with its Residential
Medium and Residential High future land-use designations, and consistent with the Forbearance
Agreement, which limits the PCD to three (3) units per acre.
Please see attached Table 1 for details of the surrounding properties.
CONDITIONAL USE ANALYSIS: HELISTOP
The private helistop, located on the southeast side of the maintenance facility, meets the criteria
for a Conditional Use within a Public Institutional (PI) zoning district. The use is consistent with
the comprehensive plan, and is consistent with the criteria set forth in Section 78-159 (60) of the
City Code. The stop will be located on an 80' x 80' pad of stabilized turf (TLOV) that will be
surrounded by a 10' wide Final Approach and Takeoff Area (FATO) safety zone area.
The location will not be visible from any public right-of-way. The 90-foot Central Boulevard
Parkway buffer on the west side of the maintenance facility site, and the 100-foot Interstate-95
buffer on the east side of the site, will both provide an additional buffer to the helistop.
The proposed helistop will be in compliance with all Federal Aviation Administration (FAA)
standards, as well as all Florida Department of Transportation (FDOT) standards. In addition,
2
Date Prepared: November 5, 2002
Meeting Date: December 5, 2002
Resolution 213, 2002
it will be consistent with City Code requirements which prohibit any refueling, maintenance or
repairs, and overnight parking. Furthermore, a standard approach and departure route will be
utilized to minimize the impacts on adj acent properties.
CONCURRENCY
Concurrency has been reserved through the PCD approval process.
PROJECT DETAILS
Phasin
The proposed development of the subject sites will be built in one phase.
Site Access
The golf maintenance facility will connect to Central Boulevard by a single vehicular access
point, and will have a secondary connection to the cart path for maintenance vehicles. Access
to the golf academy will be by golf cart from the western portion of the PCD. The golf cart path
will be twelve (12) feet wide, and is designed to accommodate emergency vehicles to the
building.
Architectural Stvle and Special Features
The 1,309 square-foot golf academy building will be finished with stucco and concrete tile roof.
The neutral color will feature columns, bandings, shutters, arches, trim and a loggia. The golf
maintenance building, car wash building, fertilizer storage building and chemical storage
building will all be constructed with pre-finished metal siding and roof panels.
Li�htin,�
Lighting details have been included on the site plans. Streetlights will be field located to avoid
conflicts with street trees and utilities.
Lan dscapinQ/Bufferin,�
One hundred feet of upland preserve buffers the golf maintenance facility from Interstate 95.
The Central Boulevard Parkway 90-foot landscape buffer will abut the golf maintenance facility.
Six thousand six hundred and fifty one (6,651) landscaping points are required for the
maintenance facility site, based on the proposed building square footage and open space. The
�
Date Prepared: November 5, 2002
Meeting Date: December 5, 2002
Resolution 213, 2002
applicant is providing 9,021 landscape points. One thousand five hundred and thirty two (1,532)
points are required for the academy site. The applicant is providing 1,5401andscape points.
Draina�e
Drainage outfall from these sites will be achieved by draining into inlets and culverts that will
outfall into adjacent lakes, which are part of the surface water management system for the project
(see plans from Keshavarz & Associates, Inc.).
Seventy-nine (79) parking spaces will be provided for the golf maintenance facility. By using a
1-space/300 square-foot parking calculation for the golf maintenance facility, 69 parking spaces
are required; therefore, the proposed parking is 15% above the required parking. The applicant
is requesting a waiver for the surplus parking.
The golf academy will not have any parking since access to the site will be achieved exclusively
via golf carts. Twenty-two (22) spaces for golf carts will be provided around the academy, just
south of the driving range tees. Access to the academy will only be available to members of the
private golf club.
Waiver Reguest
The applicant is seeking one (1) waiver:
Code Section Required Provided Compliance Waiver Recommendation
re uirement
Section 78-345 (d) 1 space per 79 spaces No Yes for 10 Support
Required Parking 300 square parking
feet = 69 spaces
spaces (15%)
Waiver Justification
The proposed development plan for the golf maintenance facility and academy parcel is
consistent with the intent of the Planned Community District regulations.
The total amount of spaces will increase the required parking by 15%, or 10 spaces. Since the
parking increase is over 10%, a waiver is required. The parking increase is minimal and an
abundance of open space and landscaping exist (i.e. 63% when only 10% is required) to buffer
the parking lot.
4
Date Prepared: November 5, 2002
Meeting Date: December 5, 2002
Resolution 213, 2002
PLANNING & ZONING COMMISSION RECOMMENDATION
On September 24, 2002, the Planning & Zoning Commission recommended approval of the
project to the City Council by a vote of 6-0.
The Planning and Zoning Commission discussed the location of the helistop, and expressed that
there was a need for additional buffering between the helistop and the Central Boulevard right-
of-way. The applicant has addressed this concern by moving the helistop southeast, further away
from the right-of-way. The proposed helistop location will be in compliance with all FAA and
FDOT standards. Additionally, the Commission suggested that the applicant provide a curved
header transition on the rear side of the academy building. The applicant has made this change,
and it is reflected on the rear elevation drawing for the academy building.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 213, 2002, with one (1) waiver and conditions of
approval as reflected in the attached resolution.
5
Date Prepared: November 5, 2002
Meeting Date: December 5, 2002
Resolution 213, 2002
Date Prepared: November 5, 2002
Meeting Date: December 5, 2002
Resolution 213, 20U2
�� � €��� , ��
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CQNSISfiENGY WITH THE CUllT+y � �� '
Code requirement Proposed Plan (average of Consistency
both parcels)
Open Space Minimum 10% 63% Yes
Minimum Lot Area 15,000 square feet 6.239 acres (271, 770 sq. ft.) Yes
Minimum Lot Width 100 feet 347'/299' E-W Yes
544'/170' N-S
Maximum Building Lot 40% 8% Yes
Coverage
Maximum Height Limit 36' 36' Yes
Setbacks �' _'� :'� �,� '° ���,�
�'��� �� �
North (Side) 15' 48'/118' Yes
South (Side) 15' 250'/18' Yes
East (Rear) 15' 25'/19' Yes
West (Front) 25' 153'/233' Yes
�; . .
Parking � " g � � �
Number Required 69 spaces (2 accessible) 79 (3 accessible) No — waiver requested �
Stall dimensions 10' x 18.5' 10' x 18.5' Yes
Bicycle Parking 5 5 Yes
Loading Spaces 2 2 Yes
Resolution 213, 2002
Date Prepared: November 5, 2002
Page 1
RESOLUTION 213, 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF TWO SITE PLANS TO ALLOW FOR THE
DEVELOPMENT OF A GOLF MAINTENANC FACILITY, GOLF
ACADEMY, AND HELISTOP, LOCATED WITHIN THE OLD
PALM GOLF CLUB PLANNED COMMUNITY DISTRICT (PCD),
AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
FOR CONDITIONS OF APPROVAL; PROVIDING FOR A
WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (SP-02-07) from WCI
Communities, for approval of two site plans to provide for the development of a golf maintenance
facility, golf academy, and helistop within the Old Palm Golf Club PCD, as more particularly
described herein; and
WHEREAS, the 4.66-acre site, to be known as "Old Palm Golf Club Golf Maintenance Facility,"
and the 1.579-acre site, to be known as the "Old Palm Golf Club Golf Academy," are currently
zoned "Planned Community District" (PCD) Overlay with underlying zoning of Public
Institutional (PI), with a future land-use designation of Residential High (RH); and
WHEREAS, the Growth Management Department has reviewed said application and determined
that it is sufficient and that it is consistent with the City's Comprehensive Plan, the Land
Development Regulations, and the Old Palm Master Plan (Ordinance 23, 2002); and
WHEREAS, on September 24, 2002, the Planning and Zoning Commission recommended
approval of this petition; and
WHEREAS, the City Council of the City of Palm Beach Gardens has deemed approval of this
Resolution to be in the best interest of the citizens and residents of the City of Palm Beach
Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution.
Resolution 213, 2002
Date Prepared: November 5, 2002
Page 2
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves the
"Old Palm Golf Club Golf Maintenance Facility and Golf Academy" site plans, as more
particularly described in Exhibit "A" attached hereto and incorporated herein.
SECTION 3. Said approval shall be consistent with all representations made by the applicant or
applicant's agents at any workshop or public hearing.
SECTION 4. Said approval shall be subject to the following conditions, which shall be binding on
the applicant, its successors and assigns:
l. The applicant, successor, or assigns shall consider the following Crime Prevention
Through Environmental Design (CPTED) guidelines:
(a) If the front entry door is a salid door and has a side panel window, the side
window should be located on the opposite side of the door handle and door
lock. (Planning and Zoning, Police Department).
(b) Entry doors that swing inward are to be equipped with metal frames or
other protective measures to "target harden" the doorway and discourage
forced entry (Double doors, glass doors, or specialty doors are exempt from
this provision) (Planning and Zoning, Police Department).
(c) Out-swinging exterior doors are to be equipped with security hinges
(Planning and Zoning, Police Department).
(d) Alarm panels are to be kept out of view from windows (Planning and
Zoning, Police Department).
2. Prior to the issuance of the first Certificate of Occupancy, street trees and street lights shall
be iield located to avoid conflicts between lights and landscaping, including long term tree
canopy growth (Planning and Zoning, Police Department).
There shall be no adverse development impacts to the adjacent preserve by the
development of the golf maintenance facility and golf academy. A bulkhead shall be used,
if necessary, to allow grade changes between the rear lots and the preserve (Planning and
Zoning, City Forester).
4. The helistop shall comply with Chapter 330, Florida State Statutes, as well as the following
conditions: (Planning and Zoning}
(a) Refueling, maintenance, and repairs are prohibited.
(b) The heliport shall not be utilized for overnight parking of aircraft.
(c) Prior to the issuance of a building permit for the heliport, a standard
approach and departure route shall be submitted to the city, including all
Resolution 213, 2002
Date Prepared: November 5, 2002
Page 3
properties within one (1) mile of the subject helistop, and illustrating that
the route creates minimal impact on adjacent properties.
(d) The helistop shall not be used for commercial purposes, such as regularly
scheduled commercial flights for the transportation of passengers or
products.
SECTION 5. Construction of the site shall be in compliance with the following plans on file with
the City's Growth Management Department:
(1) November 25, 2002, Maintenance Site Plan, Urban Design Studio, Sheet GM-01.
(2) November 25, 2002, Maintenance Planting Plan & Details, Urban Design Studio, Sheets
GM-02 & GM-03.
(3) October 28, 2002, Golf Academy Site Plan, Urban Design Studio, Sheet GA-01.
(4) October 28, 2002, Golf Academy Planting Plan & Details, Urban Design Studio, Sheets
GA-02 & GA-03.
(5) October 31, 2002, Cover Sheet and Location Map, Urban Design Studio, Sheet T1.
(6) October 31, 2002, Site Plan, Urban Design Studio, Sheets 1 through 3.
(7) November 25, 2002, Preliminary Drainage Plans, Gee & Jenson, Sheets 1
(8) October 31, 2002, Preliminary Drainage Plans, Gee & Jenson, Sheets 2
(9) October 31, 2002, Engineering Details, Gee & Jenson, Sheet 3.
(10) October 28, 2002, Photometric Plans, Urban Design Studio, Sheets PH-01 & PH-02.
( ll) October 28, 2002, Teaching Academy Floor and Roof Plan, Urban Design Studio, Sheet 1.
(12) October 28, 2002, Teaching Academy Elevations, Urban Design Studio, Sheets 2& 3.
(13) October 28, 2002, Maintenance Facility Floar Plans and Elevations, Barry, Schmitt,
Summers, Weaver, Sheets A-111, A-121, A-201, A-301, A-131.
(14) October 28, 2002, Landscape Cross-Sections, Urban Design Studio, Sheets A-A& B-B.
SECTION 6. The following waiver is hereby granted with this approval:
(1) From Section 78-345 (d) of the LDRs, to allow the proposed parking to exceed the required
parking by 15% (i.e. 10 parking spaces). The Land Development Regulations require a
waiver when the provided parking is equal to or greater than 10% of the minimum required
parking.
SECTION 7. If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 8. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 9. This Resolution shall be effective upon adoption.
Resolution 213, 2002
Date Prepared: November 5, 2002
Page 4
PASSED, ADOPTED AND APPROVED this Sth DAY OF DECEMBER 2002.
ATTEST:
PARTICIA SNIDER, CITY CLERK
I HEREBY CERTIFY that I have
Approved this RESOLUTION as
to form.
LEONARD RUBIN, CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
MAYOR JABLIN
AYE NAY ABSENT
Resolution 213, 2002
Date Prepared: November 5, 2002
Page 5
EXHIBIT "A"
(See next 6 pages attached)
,�`�����GEE & JENSON
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?��:.� �+'�'•i� �ONE HARVARD ORCLE N£ST PALN BEAQ1, FL ]5409
, 'x,� 561/515-6500
' RORIDA CERTIFIUIE OF AUTMOR�IATION NUMBER LB19]4
DESCRIPTION
OLD PALM — GOLF ACADEMY
OLD PALM
Job No. 21-114.00
Chkd: GW8 Aprv: JAD
JANUARY 24, 2007
REVISEO: NOVEMBER 14, 2002
A PARCEL OF LAND BEING A PORTION OF SECTiON 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CiTY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2; THENCE NORTH 88'10'S0" WEST ALONG
THE NORTH LINE OF SAID SECTION 2, FOR 1490.55 FEET; THENCE SOUTH 01'49'10"WEST, FOR 172.03
FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTiON;
THENCE SOUTH 46'O1'S4" EAST, FOR 374.68 FEET;
THENCE SOUTH 44'13'31" WEST, FOR 130.67 FEET;
THENCE SOUTH 44'S6'22" WEST, FOR 58.12 FEET;
THENCE NORTH 44'13'23" WEST, FOR 377.22 FEET;
THENCE NORTH 45'14'13" EAST, FOR 176.92 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.579 ACRES, MORE OR LESS.
Page 1 of 3
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LEGEND
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POINT OF BEGINNING ,
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NOTES
1) This is NOT a survey but only a graphic depiction to accompany the
description shown hereon. There has been no field work, on-site
inspection of the subject property or monuments set in connection
with the information shown hereon.
2) Dimensions shown hereon are in feet and decimal parts thereof and
are based on the definition of a foot as odopted by the United
States Bureau of Standards and refer to the horizontai plone.
3) Bearings shown hereon are referenced to the north line of Section 2,
Township 42 South, Range 42 East, Palm Beach County, Florida
which bears North 88'10'S0 West.
4) The sketch and description shown hereon was prepored without the
benefit of a title examination or search and is based on information
provided by the Client and�or agents of the Client, subsequently the
undersigned and Gee & Jenson Engineers-Architects-Planners, Inc. make
no representations or guarantees as to the information reflected hereon
pertaining to Easements, Rights-Of-Way, Setbock lines, Reservations,
Restrictions, Agreements and other similar matters which should be
obtained and confirmed by others through appropriate title verification.
5) There may be documents recorded in the Public Records that benefit
or encumber the lands shown hereon that are not shown on this
sketch and description.
6) There moy be existing Agreements, Easements, Rights-Of-Way,
Restrictions, Reservations ond other similar matters that are not
recorded in the Public Records which may affect the lands shown
on this sketch and description.
CERTIFICATION
I hereby certify that this sketch and description was made under
my responsible charge and was prepared in accordance with the
Minimum Technical Standards for surveying as set forth by the
Florida Board of Professionai Surveyors and Mappers in Chapter
61G17-6 Florida Administrative Code, Pursuont to Section 472.027
Florida Statutes.
For the firm of Gee & Jenson Engineers-Architects-Planners;-Inc. -
Florida CertiT;cnte cf Authorization number LB2934 /� �--1-�-F; -' �' -' ,
��.� � � �`�. ,�v,'s ��, �' .
Clty of I?R ('ardei!s
JAMES A. DAVIS '
Professional �urveyor end Mopper ���- 1J
Florido License number LS4609 141„'���, �
� ��"� . �
This sketch and description is not valid without the signature and
the original raised seal of a Florida Licensed Surveyor ond Mopper.
THIS SKETCH IS NOT A SURVEY
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Job No. 21-114.00
Chkd: f,�_Aprv: ��
JANUARY 24, 2002
A PARCEL OF LAND BEING A PORTION OF 5ECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF CENTRAL BOULEVARD AS
RECORDED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE PUBLIC RECORDS IN AND �OR PALM
BEACH COUNTY, FLORIDA AND THE WEST RIGHT OF WAY LINE OF INTERSTATE 95 AS SHOWN ON
FLORIDA DEPARTMENT OF TRANSPORTATION RIGH7 OF WAY MAP, SECTION NUMBER 93220-2474;
THENCE SOUTH 3031'49" EAST ALONG THE SAID WEST RIGHT OF WAY LINE OF INTERSTATE 95, FOR
121.94 FEET; THENCE SOUTH 59'28'11" WEST DEPARTING SAID WEST RIGHT OF WAY LINE OF
INTERSTATE 95, FOR 100.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE SOUTH 30'31'49" EAST ALONG A LINE BEING 100.00 FEET SOUTHWESTERLY OF (AS MEASURED
AT RIGHT ANGLES) AND PARALLEL WITH THE SAID WEST RIGHT OF WAY LINE OF INTERSTATE 95, FOR
347.28 FEET;
THENCE SOUTH 45'46'36" WEST, FOR 544.01 FEET;
THENCE NORTH 44'13'24" WEST, FOR 361.20 FEET;
THENCE NORTHEASTERLY ALONG A LINE BEING 90.00 FEET SOUTHEASTERLY OF (AS MEASURED AT
RIGHT ANGLES) AND PARAL�EL WITH THE SA(D EAST RIGHT OF WAY LINE OF CENTRAL BOULEVARD THE
FOLLOWING THREE CQURSES;
(1) THENCE NORTH 46'l0'00" EAST, FOR 158.97 FEET;
(2) TNENCE NORTH 51'13'00" EAST, FOR 304.66 FEET;
(3) THENCE NORTH 43'37'19" EAST, FOR 164.07 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.66 ACRES, MORE OR LESS.
Page t of 3
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NOTES
1) This is NOT a survey but only a graphic depiction to accompany the
description shown hereon. There has� been no field work, on—site
inspection of the subject property or monuments set in connection
with the information shown hereon.
2) Dimensions shown hereon are in feet and decimal parts thereof and
are based on the definition of a foot as adopted by the United
States Bureau of Standards and refer to the horizontal piane.
3) Bearings shown hereon are referenced to the west right of way line
of interstate 95 south of Central Boulevard which bears South 30'
31'49" East.
4) The sketch and description shown hereon wos prepared without the
benefit of a title examination or search and is based on information
provided by the Client and/or agents of the Client, subsequently the
undersigned and Gee & Jenson Engineers—Architects—Planners, Inc. make
no representations or guarantees as to the information reflected hereon
pertaining to Easements, Rights—Of—Way, Setback lines, Reservations,
Restrictions, Agreements and other similar matters which shouid be
obtained and confirmed by others through appropriate title verification.
5) There may be documents recorded in the Pubtic Records that benefit
or encumber the lands shown hereon that are not shown on this
sketch and description.
6) There may be existing Agreements, Easements, Rights—Of—Way,
Restrictions, Reservotions and other similar matters that are not
recorded in the Public Records which may affect the Iands shown
on this sketch and description.
CERTIFICATION
I hereby certify that this sketch and description was made under
my responsible chorge ond was prepared in accordance with the
Minimum Technical Standards for surveying as set forth by the
Florida Board of Professional Surveyors and Mappers in Chapter
61G17-6 Florida Administrative Code, Pursuant to Section 472.027
Florida Statutes.
For the firm of Gee & Jenson Engineers—Architects—Planners, Inc.
Florida Certificate of Authorization number LB2934
JAMES A. DAVIS
Professional Surveyor and Mapper
Florida License number LS4609
This sketch and description is not valid without the signature and
the original raised seal of o Florida Licensed Surveyor and Mapper
THIS SKETCH IS NOT A SURVEY
GEE & JENSON SKETCH OLD PALMCRIPTION
o��av���e"'�s P�u+eE,"wi"E.�r��.''"s�o� GOLF MAINTENANCE FACILITY
361�"r6S00 PALM BEACH COUNTY, FLORIDA
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EXHIBIT "B"
(See next 5 pages attached)
CONDITIONAL USE ANAL YSIS
Helistop at Old Palm Golf Maintenance Facility
Part of the Old Palm Golf Course
LandUseLtr.112102
LCC35
EXHIBIT B
CONDITIONAL USE ANALYSIS
per SECTION 78-52
Summary: The criteria, as listed in Section 78-52 of the City Code, is being provided to
demonstrate and support the proposed helistop as a conditional use within the
Old Palm Golf Course Maintenance Facility site plan. This helistop was also
located and approved as part of the overall Old Palm PCD.
(1)
(1)
�2)
(3)
a.
b.
c.
Comprehensive plan. The proposed use is consistent with comprehensive plan.
The proposed use of a helistop are permitted as a conditional use in a public/institutional
zoning district. The helistop is also an accessory use to the Old Palm PCD and, as such,
is consistent with the City's Comprehensive Plan.
Chapter requirements. The proposed use is consistent with all applicable
requirements of this chapter.
All requirements of Chapter 78 of the Ciry of Palm Beach Gardens ' Land Development
Code have been complied with.
Standards. The proposed use is consistent with the standards for such use as
provided in section 78-159.
Please see Section 78-159 (j) (60) Helistops below.
Public welfare. The proposed use provides for the public health, safety, and welfare
by:
Providing for a safe and effective means of pedestrian access;
Pedestrian access is provided through an adjacent 12' pathway (north side) which
interconnects with the Golf Maintenance Facility parking areas.
Providing for a safe and effective means of vehicular ingress and
egress;
Vehicular access is provided directly off Central Boulevard to the adjacent Golf
Maintenance Facility. The helicopters will be regulated and will follow all FAA
and FDOT standards to ensure safety.
Providing for an adequate roadway system adjacent to and front of
the site;
The site is directly accessed from Central Boulevard
LandUseLtra.112102
LCC35
CITY OF PALM BEACH GARDENS
i�!OU % �.� Lu�7.
pLANNING � ZONI�G DEPT,
d. Providing for safe and efficient onsite traffic circulation, parking, and
overall control; and
The helipad has an adjacent 12' pathway that is connected to a large parking
area, which is part of the Golf Maintenance Facility. All of this is controlled
through a security gate off of Central Boulevard.
e. Providing adequate access for public safety purposes, including fire
and police protection.
Adequate site access for public safety has been established through the DRC
process. Additionally, per city requirements, all landing and departures will be
reported to the Palm Beach Gardens police department..
(5) Screening and buffering. The proposed use utilizes such techniques as landscaping,
screening, buffering, site or building design, or business operation procedures to
mitigate impacts on surrounding properties, including such impact as:
a. Noise;
The Golf Maintenance site is surrounded by I-95, Central Boulevard and the Old
Palm Golf Driving Range and practice holes. I-95 and Central Boulevard are
screened from the site by minimum 100' buffer of native vegetation. While the
helistop is additionally screened from the practice holes by native existing
vegetation including pines and saw palmetto.
b. Glare;
N/A
c. Odor;
N/A
d. Ground-, wall-, or roof-mounted mechanical equipment;
N/A
e. Perimeter, interior, and security lighting;
N/A
f. Signs;
N/A
LandUseLtra.112102
LCC35
CITY OF PAL�i BEACFI GAI�DEiVS
I�: J U r�� 1 �;���
PLAN�ING � ZOiVIiuG DEf'T,
g. Waste disposal and recycling;
N/A
h. Outdoor storage of inerchandise and vehicles;
N/A
i. Visual impact; and
The site is buffered by perimeter buffer areas with a minimum 100' depth
approved as a part of the PCD Zoning Approval.
j. Hours of operation.
The helistop will only permitted to be used from 7 AM to 10 PM.
(6) Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
N/A
(7) Dimensional standards. The proposed use meets or exceeds all dimensional
requirements required by the chapter.
Proposed 80' X 80' Helistop meets and or exceeds the dimensional standards as set forth
in the established by the Federal Aviation Authority.
(8) Neighborhood plans. The proposed use is consistent with the goals, objectives,
policies, and standards of neighborhood plans.
The Helistop will provide valuable occasional service to the resident population of the
Old Palm PCD.
(9) Compatibility. The overall compatibility of the proposed development with
adjacent and area uses, and character of area development,
As noted above, the Helistop is located within a non-residential area and is surrounded
by non-residential uses including I-95, Central Boulevard, and a municipal park to the
south. The site can generally characterized by open space that can easily accommodate
the proposed Helistop location.
(10) Patterns of development. The proposed use will result in logical, timely, and orderly
development patterns.
LandUseLtra.112102
LCC35
CITY OF PAL�i BEACH GARD�iVS
+�!OU % � ZG�7.
PLAN�ING � ZONIUG DEPT.
The Helistop will be constructed as an integral par t oft he Golf Maintenance Facility
site.
(11) Purpose and intent. The proposed use will be in harmony with the general purpose
and intent of this chapter and the goals, objectives, and policies of the city.
The Helistop is consistent with the other approvals granted, such as that at the PGA
National Resort and Spa. And is otherwise in harmony with the goals, objectives, and
policies of the City which advocate high standards of service and quality of life to its
residents.
(12) Adverse impact. The design of the proposed use and structures will minimize any
adverse visual impacts or impacts caused by the intensity of the use.
As noted above, the site is buffered by landscaping , as approved through the PCD
Zoning approval.
(13) Environmental impact. The design of the proposed use minimizes any adverse
impacts that may be created, including impacts on environmental and natural
resources including air, water stormwater management, wildlife, vegetation, and
wetlands.
The Helistop is proposed to be located in an area of new construction and will become an
integral part of the Golf Driving Range and Golf Maintenance Facilities, which are part
of the Old Palm PCD. The Environmental impacts of development in this area have been
reviewed and approved through the PCD process. No new impacts are being created
through the Helistop use.
(j) Additional Standards. The following standards apply to speci�c uses as indicated in the
"Note" column of Table 21.
(60) Helistops. Helistops shall comply with the requirements listed below.
The petitioner understands and agrees with all the requirements listed below and will
accept conditions ofsite plan review approval to that affect.
a. Compliance with the requirements of F.S. Chapter 330.
b. Refueling, maintenance, and repairs are prohibited.
c. Shall not be utilized for overnight parking of aircraft.
d. Shall establish and utilize a standard approach and departure route that
minimizes impact on adjacent properties.
e. Shall not be used for commercial purposes, such as regularly-scheduled
commercial flights for the transportation of passengers or products.
CITYOF PALi� BEACH CFIRDEP�S
i�OV � k Z�;,I
LandUseLtra.112102 PLANiVING � Z0�lli�!G DEPi.
LCC35
—� �—�
�—'—
PROPOSED mmm.ne.���b2.,nnim� � PGD IG`1 MAP ',... � '°="` � h _
s. __ —
E TA oc �
3ECTION 2 TOWNSHIPd23 RANGE 9]E r „
ZONING, EXISTING POP — 1 � � v ,'I i II r� I
UNDEFLYINQ PA i� 1 II �J ,�
IAN�USE EX1911NG RM/RH � �`� I �� e --7�-^-�^ �� II ��� � II Wrt�
PROPOSED RM/RH . ��� ��� '.� I I I�i �:i : � '���I �:' II{!I f II, II �'�I 'I II
TYPEOFUSES GOLFCOURSEMAINTENANCEB � F �
TOTALFLOORAREFS 20.55�SF �. I I 0 , � LL'iJ �—'
MAINTENANCE BUILOING '-' 15,000 SF - ";,°�, ""'°'
VEHICLEWASH 2.850SF �. � HC PARY.NG SPAC_E DE?���,_ __ ��
i -- 10' PAR� �NG SPACF L��TA!L
CHEMICALSTORAGE 1,8DOSF � � J( — � - Hrs
FERTILIZERSTORAGE BOOSF ' I �'�' � � �
HELIPORT (BO' X BO') 6,400 SF , � � �I '. \' � I
6UIL�INGHEIGHT,PERMITfE� 38' I i
PROPOSEO �'+' �j � , � ^
IMPERVIOUSAREA 226AC � 1 / \ fi
PREYIOLISAREA 2.EOAC —� / \
PARKING,REpUIRE0�15P�3005F) 695P L � ' � �
PROPOSEO ]95P ' � °�
LOADiNG SPACE, RE�UIRED 25P ' . I`. � `
PROPOSEO 2SP _ _ � ' j �
61CYGLEPA(YKINO,REQUIRED 55P , _r' `� � \, .
PROPOSEO 55P - ���:.. .� -1 '�' \ .
l0T COVERAGE, PERMiTTED 1.86 AC �46%) // %;� y �'-\ �� �.
PROPOSEO O.d]AC(10%) '�. � '� y
OPENSPACE,REOUIRE� 0.0]AC�10%) � '. � -
PROPOSEO 2AOAC�52o) � � ., �- ��
SETBACKS — - °; ,, � � � � �;_,� Rr ....,d��
/ v�
NOftTHPROPERTYLINE _ _�T e / / � F °'?� '\
SOUTH PROPERTY IJNE � —_250' , +" j�/ �� � f� X"�
EASTPROPERTYLINE — -----24' '� ' � �- .
WEST PROPERTV UN� _— 151' . /,�� .:�., r r
q,,
NOTES ` r_'= /� ' , , ° � �
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- PARCEL60UN�ARVPROVIOEOBYGEEAN�JEN90N. a p � � /��� � � � % �
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CERTIFIEDBV�EEANDJENSON. - � / � Fyj � \ qnp.,R„
- TREES SHALL BE FIELO LOCAlEO TOAVOIO CONFLICTS �i / � " - � � � \ �
WITHSITELIGHTING. �� �� `� � / J/
-SEECIVILDRAWINGSFORCIJRB�ETAILS. '���` '' � �' �
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(1994 ECT.) . .�
WAIVERS � � ��' ,, ';� _ , ' ;,F ��.� �
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 43, 2002
Subject/Agenda Item:
Ordinance 43, 2002 — (First Reading)
Submitting To Referendum An Amendment To Article VI of The City's Charter.
[ X ) Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $� Council Action:
City Clerk I;Total)
City Attorney �� [ ] Approved
$_� [ ]Approved w/
Len Rubin: Cunent FY conditions
[ ] Denied
Advertised: Funding 5ource: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [] Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- I.egal Advertisement
De Direc Affected parties Budget Ac;ct.#:
Patricia Snider, City Cler
Approved by: [ ] Notified [ ) None
City M ager [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 43, 2002
BACKGROUND:
• Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
• City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
• According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1,18-2, 18-3,18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approvaL
• ATTACHMENTS:
l. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 43.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
RESOLUTION 10, 2000
A RESOLUTION OF THE CTTY COUNCII. OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO THE GHARTER REVlEW CO1��IlVIl1 TEE;
AND, PROVIDING FOR AN EFF�CTNE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shall be reviewed; and
�
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Chartez.
NOW, THEREFORE, BE IT RESOLVED BY 'T�IE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SE�CTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven (7) members.
SECTION 2. The direction of said Committee shall be to conduct a review of the
eacisting Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Comnnittee members shall consfitute a quorum. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resolution.
The Committee shall automadcally be dissolved thirty (30) days from tl�e dats of the final
report unless the time period is extended by subsequent resolu6ons of the City Council.
SECTION 4. The following individuals are hereby appointed to the Charter Review
Committee:
Jonathan Gerber Leonard Rubin Phil Lydon Gary �elds
Steve Mathison �ilea Lavin Richard Gruenwald
SEC1'ION 5. The City Manager shall provide space for committee meedngs and shall
provide information and documents upon request.
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED ANll ADOPTED THIS 6
A'ITFST:
� ��
CAROL GO , CMC, CITY CLERK
VOTE:
MAYOR RUSSO
YICE MAYOR JABLIN
COUNCII.WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELIA
AYE
X
X
X
X
X
'( i�
R. RUSSO
APPROVP.D AS TO LEGAL FORM AND
SLIFFICIENCY.
� CITY ATTORNEY
�
NAY ABSENT
„k`"-�.
�
�t��`��E � ; � . �
�������
Yiew Statutes Search Statutes Constitution Laws of Florida Order
Select Year� 2002 ��<;: i:';t
The 2002 Florida Statutes
Title XII Chapte� 16¢ View Entire Chapter
MIfNICIPALITIES MUNICIPALITIES
166.021 Powers.--
(i) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shail have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipa! functions, and render municipal services, and may exercise any
power for municipa! purposes, except when expressly prohibited by law.
(2) "Municipal purpose” means any activity or powe� which may be exercised by the state ar its
political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Constitution, the legislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of a�nexation, merger, and exercise of extraterritorial power, which require
general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject exp�essiy prohibited by the constitution;
(c) Any subject expressly preempted to state or county government by the constitution o� by
general law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. i(g), 3, and 6{e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so consirued as to secure for municipalities the broad
exercise of home rule powers granted by the constitution. It is the furthe� intent of the Legislature
to extend to municipalities the exercise of powers for municipal governmental, corporate, or
proprietary purposes not expressly prohibited by the constitution, generat or speciai law, o� county
charter and to remove any limitations, judiciaUy imposed o� othervvise, on the exercise of home
rule powers other than those so expressly prohibited. However, nothing in this act shail be
constrved to permit any changes in a special law or municipal charter which affect the exercise of
extraterritoriai powers or whid� afFect an area which includes lands within and without a
municipality or any changes i� a special law or municipal charter which affect the creation or
existence of a municipality, the terms of elected officers and the manner of thei� election except
for the selection of election dates a�d qualifyi�g periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distribution of powers among elected
officers, matters prescribed by the charte� relating to appointive boards, any change in the form of
govemme�t, or any rights of municipat employees, without approvai by referendum of the eiectors
as p�ovided in s. �66.031 Any other limitation of power upon any municipality contained in any
municipal charter enacted or adopted pcto� to July 1, 1973, is hereby nullified and repealed.
(S) All existing speciai acts pertaining exclusively to the power or jurisdiction of a particuiar
munlcipality except as otherwise provided in subsection (4) shall become an ordinance of that
municipality on the effective date vf this act, subject to modification or �epeal as othe� ordinances.
http:/Iwww.leg.state.fl.us/statutes/index.cfin?App_rnode=Display_Statute&Search String=2 11/19/2002
(6) The governing body af a municipality may require that any person within the municipality
demonstrate the existence of some arcangement or contract by which such person wii! dispose of
solid waste in a manner consistent with the ordinances of the county or municipality o� state or
federal law. Fo� any person who witi produce speciai wastes or biomedicai waste, as the same may
be defined by state or federal law or county or city ordinance, the mu�icipality may require
satisfactory proof of a contract o� simiiar arrangement by which special or biomedical wastes will
be wilected by a qualified and duly licensed collector and disposed of in accordance with the laws
of Florida or the Federal Government.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the
governing body of a municipality may provide for an extra compensation program, induding a
lump-sum bonus payment program, to reward outstanding employees whose pe�formance
exceeds standards, if the prog�am provides that a bonus payment may not be included in an
employee's regular base rate of pay a�d may not be carried forward in subsequent years.
(8) Entities that are funded wholly or in part by the mu�icipality, at the discretion of the
municipality, may be requi�ed by the municipality to conduct a pertormance audit paid for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or interlocal
agreement for the purposes of funding, in whole or in part, a discrete program of the district, only
that program may be required by the muniapality to undergo a performance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other countries for the location and retention of private enterprises within its borders.
Furthermore, the Legislature fi�ds that there is a need to enhance and expand economic activity in
the municipalities of this state by attracting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend public funds to attract and retain business
enterprises, and the use of public funds toward the achievement of such eco�omic development
goals constitutes a public purpose. The provisions af this chapter which confer powers and duties
on the governing body of a mu�icipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a municipality, shall be liberally construed in
order to effectively carry out the pu�poses ot this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, including, but not limited to, developing or improving iocal
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial o�
manufacturing plants, leasing or conveying real property, and making grants to private e�terprises
for the expansion of businesses existing in the community or the attraction of new businesses to
the community.
(d) Nothi�g contained in this subsection shall be construed as a limitation on the home rule
powers g�anted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
Welcome • es ion • Committees • Legi ators • Information Center • Statutes and
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http:/Iwwwleg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Search String-... 11/19/2002
Qt'��E1tE �
� ������ � .-x:� -
View Statutes Search Statutes Constitution Laws of Florida O�der
Seled Year 2002 �;..�
The 2002 Florida Statutes
Title XII ChaQter 166 View Enti�e Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
(1) The goveming body of a municipality may, by ordinance, or the electors of a municipality
may, by petition signed by 10 percent of the registered electors as of the last preceding municipal
generai election, submit to the electors of said municipality a proposed amendment to its chaater,
which amendment may be to any part or to a!i of said charter except that part describing the
boundaries of such municipality. The goveming body of the municipality shall place the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election held within the municipality or at a special election called for such purpose.
{2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shaii file the revised charter with the
Department of State. All such amendments are effective on the date speafied therein or as
otherwise provided in the charter.
(3) A municipality may ame�d its charter pursuant to this section notwithstanding any charter
provisions to the contrary. This section shatf be supptementat to the provisions of all other laws
relating to the amendment of municipal charters and is not intended to diminish any substantive
or protedural power vested in any municipality by present law. A municipality may, by o�dinance
and without referendum, redefine its boundaries to inUude only those lands previously annexed
and shall �le said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restrictions by the municipality on any empioyee's or employee group's
political activity, while not working, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipai departments
provided for in the municipal charter and amend provisions or language out of the charter which
has been judicially construed, either by judgment or by binding legai precedent from a decision of
a court af last resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a
vacancy in office caused by death, resignation, or removai from office. Such ordinance or charter
provision shail also provide procedures for filting a vacancy in candidacy caused by death,
withdrawal, or removal from the ballot af a qualified candidate following the.end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-3i5; s. 45, ch. 94-136.
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�isdaimer: Ttie information on this system is unverified. The joumals or p�inted bills of the respeclive thambers
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_.��.::�:<::::;�.:. -
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CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 43, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE VI OF THE CITY CHARTER, "ADMINISTRATION AS
COUNCIL-MANAGER FORM OF GOVERNMENT," BY AMENDING
SECTION 6-1, "CITY MANAGER," TO REMOVE UNNECESSARY
LANGUAGE REGARDING THE APPOINTMENT OF PERSONS TO ACT
ON THE CITY MANAGER'S BEHALF IN THE EVENT OF ABSENCE OR
DISABILITY, TO DELETE THE RESIDENCY REQUIREMENT AND
PROCEDURES FOR REMOVAL OR SUSPENSION AND TO ALLOW THE
CITY MANAGER TO APPOINT AND REMOVE DEPARTMENT HEADS,
INCLUDING THE CITY ENGINEER, EXECUTE CONTRACTS AS
PRESCRIBED BY THE COUNCIL AND EXERCISE POWERS
CONSISTENT WITH THE COUNCIL-MANAGER FORM OF
GOVERNMENT; PROVIDING FOR THE TITLE OF THE REFERENDUM
BALLOT AND EXPLANATORY STATEMENT; PROVIDING FOR
ADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article VI of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VI, "Administration as Council-
Manager Government," of the City Charter to read as follows:
Sec. 6-1. City manager.
(a) The city council, by a majority vote of its membership, shall
appoint a city manager who shall serve at the pleasure of the city council.
The city manager shall be appointed on the basis of executive and
administrative qualifications as established by the council.
, ,
. The compensation
and benefits of the city manager shall be as determined by the city council.
The city council shall annually review the manager's performance. �re-ei�p
, ,
(b) The city manager shall be the administrative head of the
municipal government under the laws and Charter of the city responsible to
the city council for the administration of all city affairs and employees placed
in the manager's charge by or under this Charter or city ordinances. +�-�IIRe
,
,
(c) The city manager shall be responsible to the city council for the
proper administration of all affairs of the city coming under his/her
jurisdiction, and to that end the city manger's powers and duties include:
(1) To see that the laws and ordinances are enforced.
(2) To prepare and submit an annual budget to the city council for
its consideration.
(3) To attend all meetings of the city council with right to take part
in the discussion but without having a vote.
(4) To recommend to the council for adoption such measures, as
he/she may deem necessary or expedient in the interest of the
y�
city. To keep the city council fully advised as to the financial
condition and needs of the city and to submit for its
consideration and annual budget.
(5) To appoint and remove all department heads �s
'; to employ and remove all other
employees of the city. Provided further, however, that the ei#�t
,' city auditor shall be appointed and
removed in the sole discretion of the city council with such
appointments and removals being based upon merit and
fitness alone.
(6) To make such reports as the city council may require
concerning the operations of the city departments.
(7) To perform such other duties as may be specified in this
charter, by law, or as the city council may prescribe.
(8) To retain such specialized professional services as may be
necessary to effectively and efficiently conduct the city's affairs
in accordance with state and local laws.
(9) To execute contracts as authorized by city council or by
ordinance.
(d) No member of the city council shall dictate the appointment of
any person to office or employment by the city manager or in any manner
interFere with the city manager or prevent him/her from exercising his/her
own judgment in the appointment of officers and employees in the
administrative service. The council and its members shall deal with city
employees solely through the city manager.
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-3-
(f� By letter or memorandum filed with the city clerk, the city
manager shall designate a city officer or employee to exercise the powers
and perform the duties of city manager during the manager's absence or
disability. The city council may revoke such designation at any time and
appoint another officer or employee of the city to serve until the city manager
returns.
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION ONE
SHALL SECTION 6-1 OF THE CITY CHARTER ("CITY MANAGER") BE
AMENDED TO REMOVE UNNECESSARY LANGUAGE REGARDING THE
APPOINTMENT OF PERSONS TO ACT ON THE CITY MANAGER'S
BEHALF IN THE EVENT OF ABSENCE OR DISABILITY, TO DELETE THE
RESIDENCY REQUIREMENT AND PROCEDURES FOR REMOVAL OR
SUSPENSION AND TO ALLOW THE CITY MANAGER TO APPOINT AND
REMOVE ALL DEPARTMENT HEADS, EXECUTE CONTRACTS AS
PRESCRIBED BY THE COUNCIL AND EXERCISE POWERS
CONSISTENT WITH THE COUNCIL-MANAGER FORM OF
GOVERNMENT?
YES
f�L�7
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
��
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this
PASSED, ADOPTED AND APPROVED this
SIGNED:
1l� •: �: ►
VICE MAYOR SABATELLO
ATTEST:
2002.
day of , 200_
day of , 200_
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPW in1H ISTORY\021101 A\43F.16B(319.062)Igr-doc363
��
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 44, 2002
Subject/Agenda Item:
Ordinance 44, 2002 — (First Reading)
Submitting to Referendum An Amendment to Article VI of the City's Charter.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by. Originating Dept.: Costs: $ Council Action:
- Ciry Clerk (Total)
City Attorney [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Sowce: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [] Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Depar �i Dir ctor Affected parties Budget Acct.#:
atricia Snider, City Clerk
Approve y: otified [ ] None
City Man er [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 44, 2002
BACKGROUND:
• Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for revievv. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be su6mitted
to referendum:
l. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2,18-3, 18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 44, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
RESOLUTION 10, 2000
A RESOLUTION OF TI� CTTY COUNCII. OF THE CTTY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO THE CHARTER REVIEW CONIlVIITTEE;
AND, PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shall be reviewed; and
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY TI-IE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven (7) members.
SECTION 2. The direction of said Committee shall be to conduct a review of the
existing Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and tesrimony from all interested
persons. Four (4) Committee members shall constitute a quorum. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resolution.
The Committee shall automarically be dissolved thirty (30) days from the date of the final
report unless the time period is extended by subsequent resolutions of the City Council.
SECTION 4. The following individuals are hereby appointed to the Charter Review
Committee:
Jonathan Gerber Leonard Rubin Phil Lydon Gary Fields
Steve Mathison Allen Lavin Richard Gruenwald
SECTION 5. The City Manager shall provide space for committee meetings and shall
pmvide information and documents upon request.
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS 6
ATTEST:
� ��
CAROL GO , CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCII.WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELZ.O
AYE
X
X
X
X
X
��
R. RUSSO
APPROVF.D AS TO LEGAL FORM AND
SLTFFICIFNCY.
� CTTY ATTORNEY
�
NAY ABSENT
i�� �t�1"��t� �
�������
View Statutes Search Statutes Constitution Laws of Fiorida Order
Select Year: 2002 j"�= ��=�
The 2002 Florida Statutes
Title XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
(1) As provided in s. 2(b}, Art. VIII of the State Constitution, municipalities shafl have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipai functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may be exercised by the state ar its
political subdivisions.
(3) The Legislature recogni2es that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Constitution, the fegislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extrater�itorial power, which require
general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject expressly preempted to state or county government by the constitution or by
general law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. i(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so construed as to secure for municipalities the broad
exercise of home rule powers granted by the constitution. It is the further intent of the Legislature
to eutend to municipalities the exercise of powers for municipal governmental, corporate, or
proprietary purposes not expressly prohibited by the constitution, general or speciat law, or county
charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home
rule powers other than those so expressly prahibited. However, nothing in this act shall be
construed to permit any changes in a special law or municipal charter which affect the exercise of
extraterritorial powers or which af�ect an area which includes lands within and without a
municipality or any changes in a special law or municipai charter which affect the creation or
existence of a municipality, the terms of elected o�cers and the manner of their election except
for the selection of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distribution of powers among elected
officers, matters prescribed by the charter relating to appointive boards, any change in the form of
government, or any rights of municipal employees, without approval by referendum of the electors
as provided in s. 166.031. Any other limitation of power upon any municipality contained in any
municipal charter enaded or adopted prior to July i, 1973, is hereby nullified and repealed.
(5) All existing speciai acts pertaining exclusively to the power or jurisdiction of a particutar
municipality except as otherwise provided in subsection (4) shall become an ordinance of that
municipality on the effective date of this act, subject to modification or repeal as othe� ordinances.
http:!/www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Seazch String=l 11/19/2002
(6) The governing body of a municipality may require that any per-son within the municipality
demonstrate the existence of some arrangement or contract by which such person wil! dispose of
solid waste in a manner consistent with the ordinances of the county or municipality or state or
federal law. For any person who will produce special wastes or biomedical waste, as the same may
be defined by state or federal law or county or city ordinance, the municipality may require
satisfactory proof of a contract or simitar arrangement by which special or biomedical wastes wiH
be collected by a qualified and duly licensed collector and disposed of in accordance with the laws
of Florida or the Federel Government.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the
governing body of a municipality may provide for an extra compensation program, inctuding a
lump-sum bonus payment program, to reward outstanding employees whose performance
exceeds standards, if the program provides that a bonus payment may not be included in an
employee's regular base rate of pay and may not be carried forward in subsequent years.
(8) Entities that are funded wholly or in part by the municipality, at the discretion of the
municipality, may be required by the municipailty to conduct a pertormance audit pald for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or interlocal
agreement for the purposes of funding, in whole or in part, a discrete program of the district, only
that program may be required by the municipality to undergo a pe►formance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other countries for the location and retention of private enterprises within its borders.
Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in
the municipalities of this state by attracting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creatio� of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend public funds to attract and retain business
enterprises, and the use of public funds toward the achievement of such economic development
goals constitutes a public purpose. The provisions of this chapter which confer powers and duties
on the goveming body of a municipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a municipality, shall be liberally construed in
order to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making grants to private enterprises
for the expansion of businesses existing in the community or the attraction of new businesses to
the community.
(d) Nothing contained in this subsection shall be construed as a limitation on the home rule
powers granted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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QRi�lt� r
'' ������ x ����-�-
t._.���...�.�.�.
View Statutes Search Statutes
Select Year• 2002 � �
Constitution
. . ..
� ,-
��
_��� �<
The 2002 Florida Statutes
Title XII Chapter 166 View Entire Chapter
MU NICIPALITIES M UNICIPALiTIES
166.031 Charter amendments.--
Order
(1) The goveming body of a municipality may, by ordinance, or the electors of a municipality
may, by petition signed by 10 percent of the registered electors as of the last preceding municipal
general election, submit to the electors of said municipality a proposed amendment to its char•ter,
which amendment may be to any part or to all of said charter except that part describing the
boundaries of such municipality. The governing body of the municipality shall place the proposed
amendment contained in the ordinance or peUtion to a vote of the electors at the next general
election held within the municipality or at a special election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors
voting in a refere�dum upon such amendment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shall file the revised charter with the
Department of State. All such amendments are effective on the date specified therein or as
otherwise provided in the charter.
(3) A municipality may amend its charter pursuant to this settion notwithstanding any charter
provisions to the contrary. This section shatt be suppiemental to the provisions of ali other taws
relating to the amendment of municipai charter-s and is not intended to diminish any substantive
or procedural power vested in any municipality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to inciude only those lands previously annexed
and shall file said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restrictions by the municipality on any employee's or employee group's
politicai activity, while not working, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments
provided for in the municipal charter and amend provisions or language out of the charter which
has been judicially construed, either by judgment or by binding legal precedent from a decision of
a court of last resort, to be contrary to either the State Canstitution or Federal Constitution.
(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a
vacancy in office caused by death, resignation, or removal from off+ce. Such ordinance or charter
provision shail also provide procedures for filiing a vacancy in candidacy caused by death,
withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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Constitution • Lobb�ist Information
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should be consulted for official puryoses. Copyright p2000-2002 State of Florida. Contact us.
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---------------- _ . ..�_ -
. .. _ .. "'_'.._. . ._-�s.:.:':r, ....;..:.i '_?ic�2:."..J._., . . ..
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 44, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE VI OF THE CITY CHARTER, "ADMINISTRATION AS
COUNCIL-MANAGER FORM OF GOVERNMENT," BY AMENDING
SECTION 6-2, "CITY ATTORNEY," TO ALLOW THE CITY MANAGER TO
HIRE THE CITY ATTORNEY AND DETERMINE THE CITY ATTORNEY'S
COMPENSATION AND BENEFITS AND TO CLARIFY THAT THE CITY
COUNCIL OR THE CITY MANAGER MAY HIRE ADDITIONAL SPECIAL
COUNSEL TO SERVE AS LEGAL ADVISORS; PROVIDING FOR THE
TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY
STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article VI of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VI, "Administration as Council-
Manager Government," of the City Charter to read as follows:
Sec. 6-1. City attorney.
(a) Thecityeatt�rei+manager, ' ,
shall appoint a city attorney. The compensation and benefits of the city
attorney shall be as determined by the city eeat�ei� manager. The city
manager may appoint a firm or an individual to serve as the city attorney.
(b) The city attorney shall be the chief legal officer of the city
responsible for all legal affairs of the city, and shall serve as chief legal
advisor to the city council, the city manager, the city's departments and such
boards or committees as are placed in the city attorney's charge by the city
council or the city manager. The city attorney's powers and duties shall
include:
(1)
�2)
(3)
(4)
(5)
Preparing or reviewing as to form and legal sufficiency all
contracts, resolution, ordinances or other documents of the
city.
Appointing such assistant city attorneys to perform the duties
of his or her office as may be approved by the city manager.
Prosecuting and defending � legal or administrative law
actions where the city is a party.
Performing such other legal services as may be requested by
the city council or the city manager.
Performing such other duties as may be required by state law,
this charter or ordinance.
(c) The city council or the city manager may also ap�pe'tt� hire one
or more special counsel to serve as legal advisors to the city council, the city
manager and city departments, officers and agencies with respect to specific
legal proceedings or matters to conduct city affairs in an efficient manner in
accordance with state law, this charter or ordinance of the city.
-2-
SECTION 3: The foregoing amendment to the City Charter shall not take effect uniess and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION TWO
SHALL SECTION 6-2 OF THE CITY CHARTER ("CITY ATTORNEY") BE
AMENDED TO A�LOW THE CITY MANAGER TO HIRE THE CITY
ATTORNEYAND DETERMINE THE CITYATiORNEY'S COMPENSATION
AND BENEFITS AND TO CLARIFY THAT THE CITY COUNCIL OR THE
CITY MANAGER MAY HIRE ADDITIONAL SPECIAL COUNSEL TO SERVE
AS LEGAL ADVISORS?
YES
�
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the e�ent of such conflict.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
-3-
PASSED, FIRST READING this
PASSED, SECOND READING this
PASSED, ADOPTED AND APPROVED this
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
day of , 2002.
day of , 200_
day of , 200_
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPWin\H ISTORY\021121 A\43F.170(319.062)Igr-doc368
-4-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 45, 2002
Subject/Agenda Item:
Ordinance 45, 2002 — (First Reading)
Submitting to Referendum An Amendment to Article VII Of The City's Charter.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by. Originating Dept.: Costs: $ Council Action:
City Clerk (Total)
City Attorney [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [] Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Dep n'�ector Affected parties Budget Acct.#:
C
' atiicia Snider, City Cler
Approved by: ] Notified [ ] None
City M, ger [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 45, 2002
BACKGROUND:
• Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of ('� members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
• City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
• According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2,18-3, 18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 45, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
RESOLUTION 10, 2000
A RESOLUTIUN OF THE CTTY COUNCII. OF T'HE CTTY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MFIVIBERS TO TI� CHARTER REVIEW CONIIVIII'TEE;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shatl be reviewed; and
WHEREAS, it is the desire of the City Cuuncil to appoint memt�rs to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY TAE CITY COUNCIL OF THE
CTTY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven (7j members.
SECT'ION 2. The direcdon of said Committee shall be to conduct a review of the
eacisting Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (IO) days from the date of appmval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Committee members shall constitute a quorum. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resotution.
The Committee shall automadr,ally be dissolved thirty (30) days from the date of the final
report unless the time period is extended by subsequent resolutions of the City Council.
SEC'TION 4. The foilowing individaals are hereby appainted to the Charter Review
Committee:
Jonathan Gerber L�onard Rubin Phi! L_ydon Gary �e1ds
Steve Mathison �1,Ilen Lavin Richard Gruenwald
SECTION 5. The City Manager shall provide space for committee meetings and shall
pravide information and documents upon request.
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED ANll ADOPTED THIS 6
AITFST:
� ��
CAROL GO , CMC, CTfY CLIItK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLiN
COUNCII.WOMAN FURTADO
COUNCU MAN CLARK
COUNCILMAN SABATELiA
AYE
X
X
X
X
X
�
�i�
R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CTTY ATTORNEY
NAY ABSENT
`� ��/'ti`�``��t �, -F:.. - . '^t
�������� _� _ -
View Statutes Search Statutes Constitution LawS of Fiorida Order
Setect Year• 2002 ;, ; i { �
The 2002 Florida Statutes
TiNe XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
(1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shail have the
governmental, corporate, and proprietary powers to enable them to conduct muniapal
government, perForm municipai functions, and render municipai services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) °Municipal purpose" means any activity or power which may be exerdsed by the state or its
political subdivisions.
(3) The Legislatu�e recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Co�stitution, the legislative body of each municipality has the power to enact legisiation
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extraterrltorial power, which require
general or speciat law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject expressly prohibited by the constitution;
{c} Any subject expressly preempted to state or county govemment by the constitution or by
generai law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so construed as to secure far municipalities the broad
exercise of home rule powers granted by the constitution. It is the further intent of the Legtslature
to extend to municipalities the exercise of powers for municipal govemmental, corporate, or
proprietary purposes not expressly prohibited by the constitutio�, generat or special law, o� county
charter and to remove any limitations, judicially imposed o� otherwise, on the exercise of home
rule powers other than those so expressly prohibited. Howeve�, nothing in this act shatl be
consdved to pernnit any changes in a special law or municipai charte� which affect the exercise of
extraterritorial powers or which afFect an area which includes ia�ds within and without a
muniapality or any changes ln a special law o� municipal charter which affect the creation or
existence of a municipality, the terms of elected officers and the manner of their election except
for the selectian of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in eleciion dates, the distributian of powers among elected
officers, matters prescribed by the charter relating to appointive boards, any change in the form of
government, or any rights of municipat employees, without approvat by referendum of the electo►s
as provided in s. 166•031• Any other limitatio� of powe� upon any municipatity contained in any
municipal charter enaded or adopted p�to� to ]uly 1, 1973, is hereby nullified and repealed.
(5) Ali existing special acts pertaining exciusivety to the power or jurisdiction of a particular
munlcipality except as otherwise p�ovided in subsection (4) shall become an ordinance of that
municipality on the effective date of this act, subject to modification or repeal as othec ordinances.
htfp:!/www.leg.state.fl.us/statute�ndex.cfm?App_mode=Display_Statute&Seazch String=l 11/19/2002
(6) The governing body of a municipality may require that any person within the muniapality
demonstrate the existence of some arrangement or contract by which such person will dispose of
solid waste in a manner consistent with the ordinances of the county or municipality o� state or
federal law. For any person who will produce special wastes or biomedical waste, as the same may
be defined by state or federal law or county or city ordinance, the mu�icipality may require
satisfactory proof of a contrad or similar arrangement by which special or biomedicai wastes will
be collected by a qualified and duly Ucensed collector and disposed of in accordance with the laws
of Flo�da or the Federal Government.
(7) Notwithstanding the prohitr+tion against extra compensation set forth in s. 215•425, the
goveming body of a municipatity may provide for an extra compensation program, inciuding a
lump-sum bonus payment program, to reward outstanding empioyees whose performance
exceeds standa�ds, if the p�ogram provides that a bonus payment may not be included in an
employee's regular base rate of pay and may not be ca�ied forward in subsequent years.
(8) Entities that are funded wholly or in part by the municipality, at the discretion of the
muNcipality, may be required by the munidpality to condud a pertormance audit paid for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or interlocal
agreement for the purposes of funding, in whole or in part, a discrete program of the district, only
that program may be �equired by the municipality to undergo a performance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other countries for the location and retention of private enterprises within its borders.
Furthermore, the Legislature finds that there is a need to enhance a�d expand economic activity in
the municipalities of this state by attracting and retaining manufacturing develapment, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities af
the state.
(b) The goveming body of a municipality may expend public funds to attract and retain business
enterprises, and the use of public funds toward the achievement of such economic devefopment
goals constitutes a public purpose. The provisions of this chapter which confer powers and duties
on the governing body of a municipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a municipality, sha!! be liberally construed in
order to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public puryose to expend public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making grants to private enterprises
for the expansion af businesses existing in the community or the attraction of new businesses to
the community.
(d) Nothing contained in this subsection shall be construed as a limitation o� the home n�le
powe�^s granted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 9d-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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= ������� �� �- .
View Statutes Search Statutes
Select Year• �02 �4�a
Constitutio�
Laws of Florida
The 2002 Florida Statutes
Title XII Chapter 166 View Enti�e Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
Order
(i) The governing body of a municipality may, by ordinance, or the electors of a municipality
may, by petition signed by 10 percent of the �egistered electors as of the last preceding municipai
general election, submit to the electo�-s of said municipality a proposed amendment to its cha�ter,
which amendment may be to any part or to ail of said charter except that part describing the
boundaries of such municipality. The goveming body of the municipality shall place the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election held within the municipality or at a speciai election cailed for such purpose.
(2) Upon adoption of an amendment to the charter of a municipatity by a majority of the electors
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shall Fle the revised charter with the
Department of State. All such amendments are effective on the date specified therei� or as
othervvise provided in the charter.
(3) A municipality may amend its charter pursuant to this secfion notwithstanding any charter
provisions to the contrary. This section shati be supplemental to the provisions of ail other laws
relating to the amendment of municipai charters and is not intended to diminish any substantive
or procedural power vested in any municipality by present law. A mu�icipality may, by ordi�ance
and without referendum, redefine its boundaries to include only those lands previously annexed
and shall fiie said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restrictions by the municipality on any employee's or employee group's
political activity, while not wo�king, in any �eferendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipai departments
prvvided for in the municipal charter and amend provisions or language out of the charter which
has been judiCally construed, either by judgment or by binding tegal precedent from a decision of
a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
(6} Each municipality shall, by ordinance or diarter provision, provide procedures for filling a
vacancy In office caused by death, resignation, or removal from office. Such ordinance or charter
provision shall also provide procedures for filling a vacancy in candidacy caused by death,
withdrawal, or removal from the ballot of a qualified candidate following the.end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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_ .. - - - --------------- . - � - - ,
------ -. . . � ,�... . �
— ----. . _..�.:- .��1�_:---- ..:...
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 45, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE VII OF THE CITY CHARTER, "MERIT SYSTEM," BY
AMENDING SECTION 7-2, "PERSONNEL SYSTEM," TO ALLOW THE
CITY MANAGER TO ADOPT, REGULATE AND MAINTAIN A PERSONNEL
SYSTEM AND TO REMOVE THE REQUIREMENT THAT THE
PERSONNEL SYSTEM BE ADOPTED BY ORDINANCE; PROVIDING FOR
THE TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY
STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article VII of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City
Charter to read as follows:
Sec. 7-2. Personnel system.
Consistent with all applicant federal and state laws, the city eeafle�+
manager shall provide for the creation, regulation and
maintenance of a personnel system with established procedures and policies
including, but not limited to, appointments, classification and pay plans,
promotions, force reduction, removals, working conditions, grievances,
relationships with employee organizations and other policies and procedures
necessary to the administration of the city personnel system.
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION THREE
SHALL SECTION 7-2 OF THE CITY CHARTER ("PERSONNEL SYSTEM")
BE AMENDED TO ALLOW THE CITY MANAGER TO ADOPT, REGULATE
AND MAINTAIN A PERSONNEL SYSTEM AND TO REMOVE THE
REQUIREMENTTHATTHE PERSONNEL SYSTEM BEADOPTED BYTHE
CITY COUNCIL BY ORDINANCE?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
6��
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this day of
PASSED, ADOPTED AND APPROVED this
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
, 2002.
, 200_
day of , 200_
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P: \C P W i n\H I STO RY�021101 A\43 F.16C (319.062) Ig r-d oc364
-3-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 46, 2002
Subject/Agenda Item:
Ordinance 46, 2002 — (First Reading)
Submitting to Referendum An Amendment to Article VIII of the City Charter.
[ X ] Recommendation to APPROVE
Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $� Council Action:
City Clerk (Total)
City Attorney � [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [] Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Dep � ' e tor Affected parties Budget Acct.#:
Patricia Snider, City Clerk
Approved by: Notified [ ] None
City Man ger [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 46, 2002
BACKGROUND:
• Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of ('n members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
• City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
• According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to t6e electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1, 18-2,18-3, 18-4.
• Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approvaL
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 46, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct tbe referendum election.
RESOLUTION 10, 2000
A RESOLUTION OF THE CITY COUNCII. OF Tf� CTTY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO 1'HE CHARTER REVIEW COMIVIITTEE;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that �e City Charter shatl be r+eviewed; and
WI�REAS, it is the desire of the City Council to appoint mem�rs to a Charter Review
Committee for the purtwse of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SEC"TION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven {7) members.
SECTION 2. The direction of said Committee shall be to conduct a review of the
e�cisting Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and tesNmony from all interested
persons. Four (4) Committee meml�rs shall constitute a quorum. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a�inal report shall be
furnished within seven months from the approval date of this Resolution.
The Committee shall automatir.ally be dissolved thirty (30) days from the date of the final
report uniess the time geriod is extended by subsequent resolutions of the City Council.
SEC'TION 4. The following individuals are hereby appointed to the Charter Review
Committee:
7onathan Gerber i.eonard Rubin Fhit Lydon Gary Fields
Steve Mathison �l�l .� Lavin Richard Gruenwald
SECTION 5. The City Manager shall provide space for committee meetings and shall
pmvide information and documents upon request�
SECTION 6. This Resoludon shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS 6
ATTFST:
� ��
CAROL GO , CMC, CTTY CLERK
VOTB:
MAYOR RUSSO
YICE MAYOR JABLIN
COUNCII.WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELIA
�
X
X
X
X
X
��
R. RUSSO
APPROVF.D AS TO LEGAL FORM AND
SUFFICIENCY.
� C1TY ATTORNEY
NAY
ABSENT
f`�� �
��i`�Qt � .�..
� w��� �ti:` � � � -
View Statutes Search Statutes Constitution Laws of Florida Order
Select Year• 2002 =:_ . 4s�
The 2002 Florida Sta.tutes
Title XII Chapter 166 wew Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
(1) As provided in s. 2(b), Art. VIII of the State Constitution, mu�icipalities shail have the
governmental, corporate, and prop�etary powers to enable them to conduct municipai
govemment, perform municipa) functions, and rende� municipai services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any acfivity or power which may be exercised by the state or its
political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Constitution, the tegislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state Legislature may act, except:
(a) The subjects of annexation, merger, and exercise of extraterritorial power, which require
general or special law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject exp�essly preempted to state or county government by the constitution or by
general law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so construed as to secure faT municipalities ihe broad
exercise of home rule powers granted by the constitution. It is the further intent of the Legislature
to extend to mu�icipalities the exercise of powers for mu�icipal govemmental, corporate, or
proprietary purposes not expressly prohibited by the constitutio�, general or special law, or county
charter and to remove any limitations, judicialiy imposed or otherwise, on the exercise of home
rule powers other than those so expressiy prohibited. However, nothing i� this ad shail be
construed to permit any changes in a special law or municipal charter which affect the exercise of
extraterritorial powers or which affect an area which includes lands within and without a
municipality or any changes in a speciat faw or municipal charter which afiect the creation or
existence of a municipality, the terms of elected officers and the manner of thei� election except
for the selectio� of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distributian of powers among elected
offi'icers, mattei-s prescribed by the cha�te� relating to appointive boards, any change in the form of
government, or any rights of municipaf employees, without approvat by referendum of the etectors
as provided in s. 166. 1 Any other limitation of power upon any municipality contai�ed ln any
municipal charter enacted or adopted prior to July l, 1973, is hereby nullified and repealed.
(5) All existing special acts pertaining exctusively to the power or jurisdiction of a particular
municipality except as otherwise p�ovided in subsection (4) shall become an ordinance of that
rnunicipality on the effective date of this act, subject to modification or repeal as othe� ordinances.
http:/Iwww.leg.state.fl.us/statutesl'index.cfm?App mode=Display_Statute&Search String=l 1 i/19/2002
(b) The governing body of a municipality may require that any person within the muniapality
demonstrate the existence of some arrangement or contract by which such person wil! dispose of
solid waste in a manne� consistent with the ordinances of the county or municipality or state or
federal law. Fo� any person who will produce special wastes or biomedical waste, as the same may
be de�ned by state or federat law or county or city ordinance, the municipality may require
satisfactory proof of a contract or similar arrangement by which special or biomedicai wastes wiil
be coflected by a qualified and duly licensed coliector and disposed of in accordance with the laws
of Florida o� the Federai Govemment.
(7) Notwithstanding the prohibition against eutra compensation set forth in s. 215.425, the
governing body of a municipality may provide for an extra compensation program, including a
lump-sum bonus payment program, to reward outstanding employees whose performance
exceeds standards, if the program provides that a bonus payment may not be included in an
empioyee's regular base rate of pay and may not be carcied forward in subsequent years.
(8) Entities that are funded wholiy or in part by the municipality, at the discretion of the
municipality, may be required by the municipality to conduct a pertormance audit paid for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or inte�local
agreement for the purposes of funding, in whole or in part, a discrete program of the district, only
that program may be required by the municipality to undergo a performance audit.
(9)(a) The Legislature finds and deciares that this state faces increasing compefition from other
states and other countries for the location and retention of private enterprises within its borders.
Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in
the municipalities of this state by attracting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy i� the state, to enhance and preserve purchasing
power and empioyment oppartunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The goveming body of a municipality may expend public funds to attract and retain business
enterprises, and the use oF public funds toward the achievement of such economic development
goals constitutes a public purpose. The provisions of this chapte� which confer powers and duties
on the governing body of a mu�icipality, including any powers not specifically prohibited by law
which pn be exercised by the governing body of a municipality, shall be liberally construed in
orde� to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public pu�pose to expend public funds for
economic devefoprnent activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to fioance or refinance the cost of capital projects for industrial or
manufactuh�g plants, leasing or conveying real properiy, and making grants to private enterprises
for the expansion of businesses existing in the community or the attractio� of new businesses to
the community.
(d) Nothing contained in this subsectio� shall be constn�ed as a limitation on the home rule
powers granted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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The 2002 Florida Statutes
Title XII ChaQter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
(1) The goveming body of a municipality may, by ordinance, or the electors of a municipality
may, by petition signed by 10 percent of the �egistered electors as of the last preceding municipal
general election, submit to the electors of said municipality a proposed amendment to its cha�ter,
which amendment may be to a�y part or to all of said charter except that part describing the
boundaries of such municipality. The governing body of the municipality shall piace the proposed
amendment contained i� the ordinance or petition to a vote of the electors at the next general
election hetd within the municipality or at a speciai election called for such purpose.
{2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shall file the revised charter with the
Department of State. Alt such amendments are effective on the date specified therein or as
otherwise provided i� the charter.
(3) A municipality may amend its charter pursuant to this section notwithstanding any charter
provisions to the contrary. This section shaii be supplementat to the provisions of ail ather laws
relating to the amendment of municipal charters and is not intended to diminish any substantive
or procedu�at power vested in any municipality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to include only those lands previously annexed
and shali �le said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restrictions by the municipality on any employee's or employee group's
potitical activity, while not working, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governi�g body, abolish municipal departments
provided for in the municipal charter and amend provisio�s or language out of the charter which
has been judiCially construed, either by judgment or by binding legal precedent from a decision of
a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each muniapality shall, by ordinance or charter provision, provide procedures for filling a
vacancy in office caused by death, �esignation, or removal from oftice. Such ordinance or charter
provision shall also provide procedures for fiiling a vacancy in candidacy eaused by death,
withdrawal, or removal from the baliot of a qualified candidate following the.end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. l, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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_.. ----------------- --------- _.��.:;-�::,�;.<�.. 1� � -
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 46, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE VIII OF THE CITY CHARTER, "DEPARTMENT HEADS," BY
DELETING SECTION 8-1, "SALARY, DUTIES, POWERS AND
COMPLAINT," AS UNNECESSARY AND OBSOLETE; PROVIDING FOR
THE TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY
STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABtLITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article VIII of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City
Charter to read as follows:
Sec. 8-1. Salary, duties, powers and complaint.
-- - ----:;- --- -- ;; -- -,-- ;-;:- --- - --: :::: - -.--
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SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
-2-
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION FOUR
SHALL SECTION 8-1 OF THE CITY CHARTER ("SALARY, DUTIES,
POWERS AND COMPLAINT") PROVIDING FOR THE ESTABLISHMENT
AND APPOINTMENT OF DEPARTMENT HEADS AND FOR A
PROCEDURE TO INVESTIGATE COMPLAINTS TO DEPARTMENT
HEADS CONCERNING THE FAILURE OF THEIR DEPARTMENT TO
ENFORCE ANY LAW, ORDINANCE OR RULE BE DELETED AS
UNNECESSARY AND OBSOLETE?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this day of
PASSED, ADOPTED AND APPROVED this
-3-
2002.
200
day of , 200_
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
• ► u ►�: : _:.
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPW in\H ISTORY\021101 A143F.16D(319.062)Ig r-doc365
-4-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 47, 2002
Subject/Agenda Item:
Ordinance 47, 2002 — (First Reading)
Submitting to Referendum An Amendment to Article IX of the City's Charter.
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
City Clerk (Total)
City Attorney [ ] Approved
$ [ ]Approved w/
Current FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [] Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- Legal Advertisement
Dep t D ctor Affected parties Budget Acct.#:
Patricia Snider, City Clerk
Approve by: [ ] Notified [ ] None
City Mana er [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 47, 2002
BACKGROUND:
Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of (7) members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
City staff reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must aLso be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1,18-2, 18-3, 18-4.
Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
� ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 47, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
RESOLUTION 10, 2000
A RESOLUTION OF Tf�E CTTY GOUNCII. OF TI� CTTY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MENIBERS TO THE CHARTER REVIEW COMA2LTTEE;
AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shall be nviewed; and
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
creates a Charter Review Committee comprised of seven (7) members.
SECTION 2. The direcdon of said Committee shall be to conduct a review of the
existing Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City gvvernment..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Committe� members shall constitute a quorum. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resotution.
The Committee shall automarically be dissolved thirty (30) days from the date of the final
report unless the time period is extended by subsequent resolu6ons of the City Council.
SEC'TION 4. The following individuals are hereby appointed to the Charter Review
Committee:
Jonathan Gerber Leonard Rubin Phil L_ydon Gary Fields
Steve Mathison �illen Lavin Richard Gruenwaid
SECTION S. The City Manager shall provide space far committee meetings and shall
pravide information and documents upan reques�
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS 6
ATTFST:
� ��
CAROL GO , CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCII.WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELIA
��
X
X
X
X
X
�
�i�
R. RUSSO
APPROVED AS TO LEGAL FORM AND
SLIFFICIENCY.
CITY ATTORNEY
NAY
ABSENT
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Select Year: 2002 `� i� �
The 2002 Florida Sta.tutes
Title XiI Chapte� 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.021 Powers.--
(1) As provided in s. 2(b], Art. VIII of the State Constitution, municipalities shail have the
governmental, corporate, and proprietary powers to enable them to conduct munidpai
government, perform municipai functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Munitipat purpose" means any acfivity or power which may be exercised by the state ar its
political subdivisions.
(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Constitution, the legislative body of each municipality has the power to enact legislation
concerning any subject matter upon which the state Legislature may act, except:
(a} The subjects of annexation, merger, and exercise of extraterritorial power, which require
general or speciai law pursuant to s. 2(c), Art. VIII of the 5tate Constitution;
(b) Any subject expressly prohibited by the constitution;
(c) Any subject exp�essly preempted to state or county government by the constitution or by
ge�eral law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so canstrued as to secure for municipa(ities the broad
exerclse of home rule powers g�anted by the constitution. It is the further intent of the Legislature
to extend to municipalities the exercise of powers for mu�icipal governmental, corporate, or
proprietary purposes not expressiy prohibited by the constitution, general or special law, or county
charter and to remove any limitatio�s, ludiciaily imposed or otherwise, on the exercise of home
rule powers other than those so expressly prohibited. However, nothing in this act shali be
construed to permit any changes in a special law or municipai charter which affect the exercise of
extrateRitorial powers or which affect an area which i�cludes lands within and without a
municipality or any changes in a speciai law or municipat charter which affect the creation or
existence of a municipality, the terms of elected officers and the manner of their election except
for the selection of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distributian of powers among elected
officers, matters prescribed by the charter relating to appointive boards, any change in the form of
government, or any rights of municipat empioyees, without approvat by referendum of the electors
as provided in s. �.66•031• Any other limitation of power upon any municipafity contained in any
municipal charte� enaded or adopted prto� to July 1, 1973, is hereby nuilified and repealed.
{5) Ali existing speciat acts pertaining exctusively to the power or jurisdiction of a particular
municipality except as otherwise provided in subsection (4) shalt become an ordinance of that
municipality on the effective date of this act, subject to modification or �epeal as othe� ordinances.
http://www.leg.state.fl.us/statute�ndex.cfin?App mode=Display_Statute&Search Strin�t 11/19/2002
(6) The governing body of a municipality may require that any person within the muniapality
demonstrate the existence of some arrangement or contract by which such person will dispose of
solid waste in a manner consistent with the ordinances of the county o� municipality or state or
federal law. Fo� any person who will pcoduce special wastes or biomedical waste, as the same may
be defined by state or federal law or county or city ordinance, the municipality may require
satisfactory proof of a contract or similar arrangement by which special or biomedical wastes will
be wllected by a qualified and duly licensed collector and disposed of in accordance with the laws
of Florida or the Federal Govemment.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the
governing body of a municipality may provide for an ext�a compensation program, including a
lump-sum bonus payment program, to reward outstanding employees whose performance
exceeds standards, if the program provides that a bonus payment may not be included in an
employee's regular base �ate of pay and may not be carried fonrvard in subsequent years.
{8) Entities that are funded wholly or in part by the municipality, at the discretion of the
municipaNty, may be required by the municipality to conduct a pertormance audit paid for by the
municipality. An entity shail not be considered as funded by the municipality by virtue of the fact
that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipai funds pursuant to a contract or interlocal
agreement for the purposes of fu�ding, in whole or in part, a discrete program of the district, o�ly
that program may be required by the municipality to undergo a performance audit.
(9)(a) The Legislature finds and deciares that this state faces increasing competition from other
states and other countries for the location and retention of private enterprises within its borders.
Furlfiermore, the Legislature finds that there is a need to enhance a�d expand economic activity in
the municipalities of this state by attracting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature deciares that It is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend publ+c funds to attract and retain business
enterp�ises, and the use of public funds toward the achievement of such economic development
goais constitutes a public purpose. The provisions of this chapter which confer powers and duties
on the goveming body of a municipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a municipality, shall be liberaliy construed in
order to effectively carry out the purposes of this subsection.
(c) For the purposes of this subsection, it constitutes a public purpose to ex�nd public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or
manufacturing piants, leasing or conveying reai property, and making grants to private enterprises
for the expansion af businesses existing in the community or the attraction of new businesses to
the community.
(d) Nothing contained in this subsection shall be construed as a limitation on the home rule
powers g�anted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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Yiew Statutes Search Statutes
Select Year: �02 ::::"
Constitution
Laws of Florida
The 2002 Florida Statutes
Title XII ChaQter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charter amendments.--
Order
(1) The goveming body of a municipality may, by ordinance, or the etectors of a municipality
may, by petition signed by 10 percent of the registered electors as of the last preceding municipal
general election, submit to the electors of said municipality a proposed amendment to its cha�ter,
which amendment may be to any part or to a!I of said charte� except that part describing the
boundaries of such municipality. The goveming body of the municipality shall place the proposed
amendment contained in the ordinance or petition to a vote of the electors at the next general
election held within the municipality or at a speciai election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors
voting in a referendum upon such amendment, the governing body of said municipality shall have
the amendment incorporated into the charter and shali file the revised charter with the
Department of State. All such amendments are effective on the date specified therein or as
otherwise provided in the charter.
(3) A municipality may ame�d its charter pursuant to this section notwithstanding any charter
provisions to the contrary. This section shatt be supplementat to the provisions of all other laws
relating to the ame�dment of municipai charters and is not intended to diminish any substantive
or procedurel power vested in any municipality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to include only those lands previously annexed
and shall file said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restrictions by the municipality on any employee's or employee group's
politicai activity, while not wocking, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments
provided for in the municipal charter and amend provisions or language out of the charter which
has been judicialiy construed, either by judgment or by binding legal precedent from a decision of
a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
(6} Each municipality shall, by ordinance or charter provision, provide procedures for filling a
vacanty in office caused by death, resignation, or removai from office. Such ordinance or charter
provision shall also provide procedures for filling a vacancy in candidacy caused by death,
withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 9Q-315; s. 45, ch. 94-136.
Weicame • ssi n• Committees • L.eaislators • Information Center • Statutes and
Constitution • Lobbyist Information
Disdaimer: The information on this system is unverified. The j�mals or printed biils of the r+espective chambers
should be consutted for oificial purposes. Copy�ight �2000-2002 State of Fiorida. Contact us.
http://www.leg.state.fl.us/statutes/index.cfrn?App mode=Display_Statute&Search String=l ] 1119/2002
- � - - - -------- — --- . � . .
_. . ' .. _-_-._.. . ._%R_:-.�-{:�w:A.Y. .�.-: .. .
_ .. �.. �2�...�_.. . ..
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 47, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE IX OF THE CITY CHARTER, "APPOINTMENT, POWERS
AND DUTIES OF CITY OFFICERS," BY AMENDING SECTION 9-1,
"POWERS AND DUTIES OF THE MAYOR," TO DELETE ANY
REFERENCE TO THE "CHIEF EXECUTIVE OFFICER" AND TO CLARIFY
THE MAYOR'S DUTIES CONSISTENT WITH THE COUNCIL-MANAGER
FORM OF GOVERNMENT; PROVIDING FOR THE TITLE OF THE
REFERENDUM BALLOTAND EXPLANATORYSTATEMENT; PROVIDING
FORADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article IX of
the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City
Charter to read as follows:
Sec. 9-1. Powers and duties of the mayor.
The mayor shall preside as
chairman at meetings of the city council, shall be recognized as head of city
government for all ceremonial purposes, by the governor for purposes of
military law, for service of process, execution of contracts, deeds and other
documents, and as the city official designated to represent the city in all other
governmental meetinqs
�, but shall have no administrative duties except
as required to carry out the responsibilities herein. The mayor shall have a
voice and vote in the proceedings of the city council.
The vice-mayor shall assume the duties of the mayor during the
absence or disability of the mayor.
In the absence or disability of both the mayor and vice-mayor, the city
council may appoint a chairman pro tem to fulfill the duties and functions of
said office.
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
y�
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION FIVE
SHALL SECTION 9-1 OF THE CITY CHARTER ("POWERS AND DUTIES
OF THE MAYOR") BE AMENDED TO DELETE ANY REFERENCE TO THE
"CHIEF EXECUTIVE OFFICER"ANDTO CLARIFYTHE MAYOR'S DUTIES
CONSISTENT WITH THE COUNCIL-MANAGER FORM OF
GOVERNMENT?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this day of
PASSED, ADOPTED AND APPROVED this
-3-
day of
2002.
, 200_
, 200_
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPW in\HISTORY�021101 A\43F.16E(319.062)Igr-doc365
-4-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 48, 2002
Subject/Agenda Item:
Ordinance 48, 2002 — (First Reading)
Submitting to Referendum An Amendment to Article XVIII to the City's Charter .
[ X ] Recommendation to APPROVE
[ ) Recommendation to DENY
Reviewed by: Originating Dept.: Costs: $ Council Action:
City Clerk (Total)
City Atto ey� [ ] Approved
$ [ ]Approved w/
Cunent FY conditions
[ ] Denied
Advertised: Funding Source: [] Continued to:
Date: [ ] Operating Attachments:
Paper: [} Other - Resolution 10, 2000
- Florida Statute 166.021
- Florida Statute 166.031
- L,egal Advertisement
Dep ent ' ector Affected parties Budget Acct.#:
Patricia Snider, City Clerk
Appro d by. -[ ] Notified [] None
City M ger [] Not required
Date Prepared: November 19, 2002
Meeting Date: December 5, 2002
Ordinance: 48, 2002
BACKGROUND:
• Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review
Committee consisting of ('n members for the purpose of reviewing the City's Charter.
The Citizens' Committee identified 4 sections within the City Charter that require
changes through referendum.
• City stafi reviewed the City Charter and City Code and presented their
recommendations to the City Attorney for review. Furthermore, City staff reviewed
the Citizens' Committee's recommendations and determined an additional section of
the City Charter to be included in the required changes through referendum.
• According to Section 166.021 of the Florida Statutes certain specific subjects could only
be changed by referendum. Once a Charter amendment is adopted by referendum, any
subsequent amendments must also be adopted by referendum. In 1996, the City
Council submitted numerous changes to the electorate for ratification. The following
proposed Citizens' Committee and Staff changes to the City Charter must be submitted
to referendum:
1. Amendment to Section 6-1
2. Amendment to Section 6-2
3. Amendment to Section 7-2
4. Deletion of Section 8-1
5. Amendment to Section 9-1
6. Amendment to Section 18-1,18-2,18-3,18-4.
• Proposed changes were presented to and reviewed by City Council on November 7,
2002. City Council directed staff to bring back all recommended changes through
Ordinances and Resolutions for further review and approval.
• ATTACHMENTS:
1. Resolution 10, 2000
2. Florida Statute 166.021
3. Florida Statute 166.031
4. Legal Advertisement
• STAFF RECOMMENDATION:
Staff recommends City Council approve Ordinance 48, 2002.
If approved on first reading, a public hearing will be held on December 19, 2002. It is
anticipated the wording would be due to the Supervisor of Election on or before
February 7, 2003. The City Clerk's office will conduct the referendum election.
RESOLUTION 10, 2000
A RESOLUTION OF THE CITY COUNCII. OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPOINTING
MEMBERS TO '1'HE CHARTER REV�W CONII�iiTTEE;
AND, PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances,
entitled "Charter review" provides that the City Charter shall be reviewed; and
WHEREAS, it is the desire of the City Council to appoint members to a Charter Review
Committee for the purpose of reviewing the City's Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACIi GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
cneates a Charter Review Committee comprised of seven {'7) members.
SECTION 2. The direction of said Committee shall be to conduct a review of the
existing Charter and provide recommendations to the City Council on specific charter changes, if
any, for a more effective and efficient City government..
SECTION 3. The Committee shall meet within ten (10) days from the date of approval of
this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee
deems necessary. Said Committee shall receive information and testimony from all interested
persons. Four (4) Committee members shall constitute a quonun. An interim report shall be
furnished to the City Council within four (4) months of the date hereof and a final report shall be
furnished within seven months from the approval date of this Resolution.
The Committee shall autnmadcally be dissolved thirty (30) days from the date of the final
report unless the time period is extended by subsequent resolutions of the City Council.
SECTION 4. The fallow�rtg individaals are hereby appoint� io the Charter Review
Committee:
Jonathan Gerber Leonard Rubin Fhil Lydon Gary �elds
Steve Allathison �111�► Lavin Richard Gruenwald
SECTION 5. The City Manager shall provide space for committee meetings and shall
provide information and documents upon request,
SECTION 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS 6
ATTF.ST:
� ��
CAROL GO , CMC, CITY CLERK
VO'TE:
MAYOR RUSSO
VICE MAYOR JABLiN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
Cki i1� �lir/:���T:\ c�y ��i i� �i;
'{ i�
R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CiTY ATTORNEY
�
AYE N�4Y
X
X
X
X
X
ABSENT
`� ��1"��te' �
i��� � :-
View Statutes Search Statutes Constitution Laws of Fiorida Order
Select Year• 2002 ? - : �'� C
The 2002 Florida Statutes
Titie XII Chapter 166 �ew Entire Chapter
MUNICIPALITIES MUNICIPALiTIES
166.021 Powers.--
(1) As provided in s. 2{b), Aet. VIII of the State Constitution, municipalities shail have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipai functions, and render municipal services, and may exercise any
power for municipal purposes, except when expressly prohibited by law.
(2) "Municipal purpose" means any activity or power which may be exercised by the state or its
poliGcal subdivisio�s.
(3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of
the State Constitution, the legislative body of each municipality has the power to enact legislation
concerni�g any subject matter upon which the state Legislature may act, except:
(a) The subjects of a�nexation, merger, and exercise of extraterritorial power, which require
general or speciai law pursuant to s. 2(c), Art. VIII of the State Constitution;
(b) Any subject exp�essly prohibited by the consNtution;
(c) Any subject eacp�essiy preempted to state or county government by the constitution or by
general law; and
(d) Any subject preempted to a county pursuant to a county charter adopted under the authority
of ss. i(g), 3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so construed as to secure far municipalities the broad
exercise of home n�le powers granted by the constitution. It is the further intent of the Legtslature
to extend to municipalities the exerdse of powers for municipal governmental, corporate, or
proprietary purposes not expressly prohibited by the constitution, generat or special law, or county
charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home
rule powers other than those so expressiy prohibited. However, nothing in this act shail be
construed to pecmit any changes in a special law or municipal charte� which affect the exercise of
extraterritorial powers or which affiect an area which includes lantis within and without a
municipality or any changes in a speciai law or municipai charter which affect the creation or
existence of a municipality, the terms of elected officers and the manner of their election except
for the selection of election dates and qualifying periods for candidates and for changes in terms of
office necessitated by such changes in election dates, the distributian of powers among elected
offiters, matters prescribed by the charter relating to appointive boards, any change in the form of
govemment, or any rights of municipa! empioyees, without approval by referendum of the electors
as provided in s. 166.031. Any other limitatio� of power upon any municipality contained in any
municipal charter enaded or adopted p�io� to July l, 1973, is hereby nullified and repealed.
(Sj Ail existing special acts pertaining exctusnrety to the power or jurisdiction of a particuiar
municipality except as otherwise provided in subsection (4) shall become an ord'+nance of that
municipality on the efFective date of this act, subject to modification or �epeat as othe� ordinances.
http://www.leg.state.fl.us/statute�ndex.cfm?App_mode=Display_Statute&Search Strin�! 11/19/2002
(6) The governing body of a municipality may require that any person within the munidpality
demonstrate the existence of some arrangement or contract by which such person wil! dispose of
solid waste in a manner consiste�t with the ordinances of the county or municipality or state or
federal law. For any person who wili produce special wastes or biomedicai waste, as the same may
be defined by state or federal law or county or city ordinance, the mu�icipality may requi�e
satisfactory proof of a contract or similar arrangement by which special or biomedicai wastes will
be coliected by a qualified and du(y licensed collector a�d disposed of i� accorclance with the laws
of Florida or tfie Federal Govemment.
(7) Notwithstanding the prohibition against extra compensation set forth in s. 215•425, the
gove�ning body of a municipality may provide for an extra compensation program, including a
lump-sum bonus payment program, to reward outstanding employees whose performance
exceeds standards, if the program provides that a bonus payment may not be included in an
employee's regular base rate of pay and may not be carried forward in subsequent years.
(8) Enfities that are funded wholly or in part by the municipality, at the discretion of the
municipality, may be required by the municipality to conduct a pertormance audit pald for by the
municipality. An entity shall not be considered as funded by the municipality by virtue of the fact
that such entity utiiizes the municipality to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds pursuant to a contract or interlocal
agreement for the purposes of funding, in whole or in part, a discrete progrem of the district, only
that program may be required by the municipality to undergo a performance audit.
(9)(a) The Legislature finds and declares that this state faces increasing competition from other
states and other counMes for the location anci retention of private enterprises within its borders.
Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in
the municipalities of this state by attrecting and retaining manufacturing development, business
enterprise management, and other activities conducive to economic promotion, in order to provide
a stronger, more balanced, and stable economy i� the state, to enhance and preserve purchasing
power and employment opportunities for the residents of this state, and to improve the welfare
and competitive position of the state. The Legislature declares that it is necessary and in the
public interest to facilitate the growth and creation of business enterprises in the municipalities of
the state.
(b) The governing body of a municipality may expend public funds to attract and �etain business
enterprises, and the use of public funds toward the achievement of such economic development
goals constitutes a public purpose. The provisions of this chapter which confe� powers and duties
on the governing body of a mu�icipality, including any powers not specifically prohibited by law
which can be exercised by the governing body of a municipality, shall be liberelly construed in
order to effectively carry out the purposes ot this subsec[ion.
{c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for
economic development activities, including, but not limited to, developing or improving local
infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or
manufacturing plants, leasing or conveying real property, and making grants to private enterprises
for the expansion of businesses existing in the community or the attraction of new businesses to
the community.
(d) Nothing contained in this subsection shall be construed as a limitation on the home rule
powers granted by the State Constitution for municipalities.
History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207;
s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37.
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Qt'��i�t1� �
� ������ :�s _ .
View Statutes Search Statutes Constitution Laws of Florida Order
Select Year: �02 �- �
The 2002 Florida Statutes
Ti e XII Chapter 166 View Entire Chapter
MUNICIPALITIES MUNICIPALITIES
166.031 Charte� amendments.--
(1) The goveming body of a municipality may, by ordinance, or the electors of a municipality
may, by petition signed by 10 percent of the registered electors as of the last preceding municipal
general election, submit to the electo�s of said municipality a proposed amendment to its charter,
which amendment may be to any part or to all of said charter except that part describing the
boundaries of such municipality. The goveming body of the municipality shall place the proposed
amendment contained in the ordinance or pedtion ta a vote of the electors at the next general
election held withln the municipality or at a special election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipatity by a majority of the electors
voting in a referendum upon such amendment, the goveming body of said municipality shall have
the amendment incorporated into the charter and shall file the revised charter with the
Department of State. All such amendments are effective on the date specified therein or as
otherwise provideci in the charter.
(3) A municipality may amend its charter pursuant to this section notwithstanding any charter
provisions to the contrary. This section shatt be supplementat to the provisions of all other iaws
relating to the amendment of municipal charters and is not intended to diminish any substantive
or procedu�al power vested in a�y mu�icipality by present law. A mu�icipality may, by ordinance
and without referendum, redefine its boundaries to include only those lands previously annexed
and shaQ file said redefinition with the Department of State pursuant to the provisions of
subsection (2).
(4) There shall be no restrictions by the municipality on any employee's or employee group's
politicat activity, while not working, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the govemi�g body, abolish municipal departments
provided for in the municipal charter and amend provisions or language out of the charter which
has been judicially construed, either by judgment or by binding legal precedent from a decision of
a court of last resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a
vacancy in o�ce caused by death, resignation, or removal from office. Such ordinance or charter
provision shall also provide procedures for filling a vacancy in candidacy caused by death,
withdrawal, o� removal from the ballot of a qualified candidate following the.end of the qualifying
period which leaves fewer than two candidates for an office.
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
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should be cbnsulted fo� off"i "c�al purposes. Copy�ight �2000-2002 State of Florida. Contact us.
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_ . - - - -�----------- --------- . .. �:. �� - . . ..
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CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 48, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT
TO ARTICLE XVIII OF THE CITY CHARTER, "ORDINANCES AND
RESOLUTIONS," BY DELETING SECTION 18-1, "MEETING AND
PROCEDURE OF CITY COUNCIL," AND SECTION 18-4, "POSTING OR
PUBLICATION OF ORDINANCES," AS OBSOLETE AND INCONSISTENT
WITH FLORIDA STATUTES AND RENUMBERING THE REMAINING
PROVISIONS OF CHAPTER XVIII; PROVIDING FOR THE TITLE OF THE
REFERENDUM BALLOTAND EXPLANATORYSTATEMENT; PROVIDING
FORADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the
entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws
of Florida), for referendum approval by the electorate; and
WHEREAS, the electors of the City approved the adoption of the City Charter as set forth
in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending
various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996;
and
WHEREAS, because the entire City Charter has been adopted by referendum vote,
section 166.031, Florida Statutes, provides the exclusive method for amendment of the
City Charter; and
WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to
referendum vote with the exception of certain subjects identified therein relating to
municipal boundaries, the abolishment of municipal departments and language that has
been declared unconstitutional; and
WHEREAS, based on input and recommendations from the Charter Review Committee
and City Staff, the City Council has determined that it is in the best interests of the citizens
and residents of the City of Palm Beach Gardens to submit amendments to Article XVIII
of the City Charter to the electorate for referendum vote.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby amends Article XVI I I, "Ordinances and Resolutions,"
of the City Charter to read as follows:
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***
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**�
SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and
until the proposed amendment is submitted to the vote of the electors of the City of Palm
-3-
Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval
by a majority of the electors voting in the referendum election, the amendment shall
thereafter become and be made a part of the City Charter for the City of Palm Beach
Gardens.
SECTION 4: The title of the referendum ballot and explanatory statement setting forth the
substance of the proposed amendment to the City Charter shall appear on the ballot and
read as follows:
CITY OF PALM BEACH GARDENS CHARTER AMENDMENT
QUESTION SIX
SHALL SECTIONS 18-1 ("MEETING AND PROCEDURE OF CITY
COUNCIL") AND 18-4 ("POSTING OR PUBLICATION OF ORDINANCES")
OF THE CITY CHARTER BE DELETED AS OBSOLETE AND
INCONSISTENT WITH REQUIREMENTS OF FLORIDA STATUTES
RELATING TO THE ADOPTION AND PUBLICATION OF ORDINANCES
AND RESOLUTIONS AND THE REMAINING PROVISIONS OF CHAPTER
XVIII BE RENUMBERED?
YES
NO
SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum
election contemplated herein in accordance with the City Charter and the State of Florida
Election Code.
SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the extent of such conflict.
SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 8: This Ordinance shall become effective upon approval of the referendum
question by a majority of electors voting in the March 11, 2003 referendum election and
the subsequent certification of the results of said referendum election.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
this day of
PASSED, ADOPTED AND APPROVED this
-4-
day of
, 2002.
200
r��
SIGNED:
MAYOR JABLIN
VICE MAYOR SABATELLO
ATTEST:
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
PATRICIA SNIDER, CITY CLERK LEONARD RUBIN
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\CPWin\H I STORY\021101 A�43F.16F(319.062)Ig r-doc367
-5-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 25, 2002
Meeting Date: December 5, 2002
Ordinance: 50, 2002
Subject/Agenda Item:
Consideration of Ordinance 50, 2002, extending the build out dates for approved
development orders for Planned Unit Developments, parcels within Planned Community
Districts and site plans expiring in 2002 and 2003 to December 31, 2004.
[X ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by: Originating Dept: Costs: n/a Council Action:
City Attorney City Engineer Current FY [] Approved
Funding Source: [ ] Approved with
conditions
[ ] Operating
[ ] Denied
[ ] Other
[ ] Continued to:
Submitted by: Advertised:
Date:
City Engineer Attachments:
aper: Budget Acct. #
[ X] Not Required Ordinance 50, 2002
Approved by:
� Affected parties:
City Mana er
[ ] Notified
[ X] Not Required
Date Prepared: November 25, 2002
Meeting Date: December 5, 2002
Ordinance: 50, 2002
BACKGROUND:
The City Code of Ordinances allows for a project to anticipate and dictate a date for
completion. These dates are included in the traffic analysis for each parcel and become
codified in each development order as a"Build-Out" date.
The projects development order expires on the build-out date. Code requires a parcel
which will not be completed by the Build-Out date to update its traffic impact analysis and
request a time extension from the City Council. The time extension modifies the original
development order build-out date to a new date as requested provided there is still traffic
capacity on the effected roadways.
Currently the City is re-analyzing the 2000 PGA corridor study and updating it to reflect
reductions in traffic anticipated from voluntary density reductions and modified site
planning (soon to be known as the 2002 PGA CRALLS Restudy). It is difficult for staff to
effectively evaluate new or updated traffic impact analysis until such time as all the
CRALLS re-analysis is completed and some of the anticipated issues resolved.
This ordinance allows us the ability to complete the CRALLS re-analysis and then evaluate
updated project traffic impact analysis against the new corridor traffic numbers.
STAFF RECOMMENDATION:
Approval of Ordinance 50, 2002
CITY OF PALM BEACH GARDENS, FLORIDA
ORDINANCE 50, 2002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, EXTENDING THE EXPIRATION DATES FOR
APPROVED DEVELOPMENT ORDERS FOR PLANNED UNIT
DEVELOPMENTS, PARCELS WITHIN PLANNED COMMUNITY
DISTRICTS AND SITE PLANS EXPIRING IN 2002 AND 2003 TO
DECEMBER 31, 2004; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in accordance with section 78-61(c) of the City Code of Ordinances, the
expiration dates for development approvals for planned unit developments, parcels within
planned community districts, and site plans are governed by the build out period of the
development as referenced in the required traffic impact analysis; and
WHEREAS, section 78-61(fl of the City Code of Ordinances provides a procedure by
which the City Council may extend the time limit for a development order beyond the build
out date provided that the developer applies for such time extension and submits an
application which includes, among other things, an updated traffic impact analysis and a
narrative addressing the "good faith" efforts and progress of the developer; and
WHEREAS, PGA Boulevard is subject to a CRALLS (Constrained Roadway at Lower Level
of Service) designation; and
WHEREAS, the City and the development community have been engaged in a cooperate
effort to reduce the amount of trips generated by new development, to eliminate "ghost
trips," and to create a comprehensive solution to traffic congestion within the City,
particularly along PGA Boulevard; and
WHEREAS, the amount of trips allocated to PGA Boulevard is being examined to
determine whether additional capacity exists under the existing CRALLS and whether the
existing CRALLS designation should be amended to increase the capacity of PGA
Boulevard; and
WHEREAS, notwithstanding unresolved issues regarding capacity along PGA Boulevard,
developers who have been issued development orders which expire within the next
fourteen (14) months will be required to submit updated traffic impact analyses as part of
a time extension request; and
WHEREAS, based on the updated traffic impact analyses, developers of approved projects
may not be able to proceed with development of the their parcels under the trip
generations as they exist today; and
WHEREAS, based upon the uncertainty regarding traffic capacity on PGA Boulevard, the
City Council determines it to be in the best interests of the residents and citizens of the City
of Palm Beach Gardens to extend the building out dates for approved, yet incomplete,
planned unit developments, parcels within planned community developments, and site
plans to December 31, 2004.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
SECTION 2: The City Council hereby extends the expiration date for all approved planned
unit developments, parcels within planned community districts, and site plans expiring prior
to January 1, 2004 to December 31, 2004. All such development orders shall be
automatically extended, thereby eliminating the need for the developer to apply for a time
extension in accordance with section 78-61(fl of the City Code of Ordinances.
SECTION 3: All ordinances and resolutions or parts of ordinances and resolutions of the
City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby
repealed to the e�ent of such conflict.
SECTION 4: If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional,
inoperative or void, such holding shall not affect the remainder of the Ordinance.
SECTION 5: This Ordinance shall become effective upon adoption.
PASSED, FIRST READING
PASSED, SECOND READING
this day of
2002.
this day of , 2002.
PASSED, ADOPTED AND APPROVED this day of
-2-
2002.
SIGNED:
MAYOR JABL{N
VICE MAYOR SABATELLO
ATTEST:
PATRICIA SNIDER, CITY CLERK
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
P:\C P Win\H ISTORY�021101 A\43 F.166(319.062) Igr-doc337
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I HEREBY CERTIFY that I have
approved this ORDINANCE as to form.
LEONARD RUBIN
CITY ATTORNEY
AYE NAY ABSENT
-3-
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Cit of Palm Beach Gardens
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,/Mayor Jablin
C ouncil A� enda
g
December OS, 2002
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
�Vice Mayor Sabatello
�Council Member Clark
�Council Member Russo
�Council Member Delgado
I.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
December O5, 2002
7:00 P.M.
PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Attorney/Client Session. �e�,s'�a�`'� �''`��' L�'��`� ���
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please
submit request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
��� �
�d
�
� C.
�
Consideration of approving Minutes from the November 7, 2002
Workshop City Council Meeting.
Consideration of approving Minutes from the November 7, 2002 Regular
City Council Meeting
Resolution 173, 2002 — Gables at Northlake Subdivision Plat.
Consideration of approving the Gables at Northlake Plat.
Resolution 205, 2002 — Special Event Not To Exceed 6 Months "Taste of
the Gardens" — Green Market. Consideration for approval of a special
event for a City operated Green Market type program to be known as the
Taste of the Gardens, to exceed the permitted duration time in accardance
with Section 78-187 of the City Code.
�. Resolution 214, 2002 — Amendment #2 — Financial Agreement.
Consideration of authorizing the Mayor and City Clerk to execute
Amendment #2 to a Financial Assistance Agreement with Palm Beach
County which allows the City to be reimbursed for funding the preparation
of Streetscape Plans for Northlake Boulevard between Military Trail and
U.S. Highway One.
�
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Resolution 217, 2002 — Workers' Compensation Settlement Agreement.
Consideration of approving a Workers' Compensation Settlement and
General Release with Alvin Parrish.
Resolution 218, 2002 — Abandonment of Pine Tree Boulevard Right-Of-
Way. Consideration for approval of abandoning the Pine Tree Boulevard
Road Right-Of-Way located within Plat 4 of the City of Palm Beach
Gardens, Florida, as recorded in Plat Book 27, Pages 4 through 6, Public
Records of Palm Beach County, Florida.
Resolution 219, 2002 — Temporary Sales Center Time Extension.
Consideration for approval of a six-month time extension or an extension
until the City Council takes a final action on the pending PCD amendment
to the BallenIsles PCD, whichever occurs first, for the Ba1lenIsles
Temporary Sales Center located on the west side of BallenIsles Drive
approximately 700 feet south of PGA Blvd., in the Ba1lenIsles Planned
Community Development.
Resolution 220, 2002 — Agreement with the Trust for Public Land.
Consideration of approving an agreement with the Trust for Public Land
for professional services related to a Parks and Recreation Ballot Measure
scheduled for the election to be held in March 2003.
Resolution 223, 2002 — Palm Beach Gardens Medical Center Boundary
Plat. Consideration of approving the Palm Beach Gardens Medical Center _
Boundary Plat.
IX. PUBLIC HEARINGS:
��1� C,�� �
�UG� .e�-
��
�
Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation of Retail ,,�
(Second Reading) (Continued from ll/07/02 City Council Meeting). C��
An ordinance of the City Council of the City of Palm Beach Gardens, j�J�c����
Florida, providing for approval of an amendment to the Oakbrook Square
Shopping Center Planned Unit Development (PUD) by adding a new
6,000 square-foot retail building alongside U.S. Highway One and
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renovating the existing buildings, located at the northeast corner of PGA
Boulevard and Highway U.S. One, as more particularly described herein;
providing for waivers; providing for conditions of approval; providing for
conflicts; providing for severability; and providing for an effective date.
/�e Ordinance 42, 2002 — Old Palm Community Development District (First
Reading). An ordinance of the City Council of the City of Palm Beach
Gardens, Florida, establishing a Community Development District over
the real property described in exhibit "A" to this ordinance comprising
approximately 651 acres; naming the initial members of the Board of
Supervisors of the district; establishing the name of the district as the "Old
Palm Community Development District"; designating the powers of the
district; providing for conflicts; providing for severability; and providing
for an effective date.
X. RESOLUTIONS:
/ `' ✓ a. Resolution 184, 2002 — Evergene Master Signage Progam. Consideration
(� �/ ,� � for approving a Master Sign Program for the Evergrene Planned
� �
�J� Community District (PCD), located between Military Trail and Alternate
��a,F,r�� A1 A, North of Hood Road and South of Donald Ross Road.
�'
�,�.ri � Resolution 213, 2002 — Old Palm Golf Club PCD SP Review/Golf
� ���� M a m t e n an c e & G o l f A c a d e m y. C o n s i d e r a t i o n f o r t h e a p p r o v a l o f t w o s i t e
plans to allow for the development of a golf maintenance facility, golf
S' a academy, and helistop, located within the Old Palm Golf Club Planned
Community District (PCD). ��.r.t� �� 4-�-C�—►��^ tar �}e.(.-i-���
XI. ORDINANCES: (For Consideration on First Reading)
/a. Ordinance 43, 2002 — Submitting to Referendum an Amendment to
�Article VI of the City's Charter. An ordinance of the City Council of the
�� �"� City of Palm Beach Gardens, Florida, submitting to re erendur}� an
�/ 7 amendment to Article�VI of the City Charter, "Administration as Council-
Manager Form of Government," by amending Section 6-1, "City
Manage`r," to remove unnecessary language regarding the appointment of
persons to act on the City Manager's behalf in the event of absence or
disability, to delete the residency requirement and procedures for removal
or suspension and to allow the City Manager to appoint and remove
Department Heads, including the City Engineer, execute contracts as
prescribed by the Council and exercise powers consistent with the
Council-Manager form of governrraent; providing for the title of the
referendum ballot and explanatory statement; providing for advertising;
providing for codification; providing far conflicts; providing far
severability; and providing for an effective date.
.�b.
��,e�S
���
Ordinance 44 2002 — Submitting to Referendum an Amendment to
rticle VI of the City's Charter. An ordinance of the Cit Council of the
City of Palm Beach Gardens, Florida, submitting to referendum an
amendment to Article�VI of the City Charter, "Administration as Council-
Manager Form of Government," by amending Section 6-2, "City
attorney," to allow the City 1V'�'an r to hire the City attorney and�
determine the City Attorney's compensation and benefits and to clarify
that the City Council or the City Ntang�may hire additional Special
Counsel to serve as Legal Advisors; providing for the title of the
referendum ballot and explanatory statement; providing for advertising;
providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
/
c. Ordinance 45, 2002 — Submitting to Referendum an Amendment to
Article VII of the City's Charter. An ordinance of the City Council of the
� S'� � City of Palm Beach Gardens, Florida, submitting to re eren um an
� amendment to Article�VII of the City Charter, "Merit System," by
�' amending Section 7-2, "Personnel System," to allow the City Manager to
adopt, regulate and maintain a personnel sys.tem and to remove the
requirement that the personnel system be adopted by ordinance; providing
for the title of the referendum ballot and explanatory statement; providing
for advertising; providing for codification; providing for conflicts;
providing for severability; and providing for an effective date.
��•
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Ordinance 46, 2002 — Submitting to Referendum an Amendment to
+Article VIII of the City Charter. An ordinance of the Citv Council of the
City of Palm Beach Gardens, Florida, submitting to referendum an
amendment to Articleg.VIII of the City Charter, "Department Heads," by
deleting Section 8-1, "Salary, Duties, Powers and Complaint," as
unnecessary and obsolete; providing for the title of the referendum ballot
and explanatory statement; providing for advertising; providing for
codification; providing for conflicts; providing for severability; and
providing for an effective date.
Ordinance 47_ 2002 Submitting to Referendum an Amendment to Article
IX of the City's Charter. An ardinance of the City Council of the City of
Palm Beach Gardens, Florida, submitting to referendum an amendment to
Articl�IX of the City Charter, "Appointment, Powers and Duties of City
Officers," by amending Section 9-1, "Powers and Duties of the Mayor," to
delete any reference to the "Chief Executive Officer" and to clarify the
Mayor's duties consistent with the Council-Manager form of Government;
providing for the title of the referendum ballot and explanatory statement;
providing for advertising; providing for codification; providing for
conflicts; providing for severability; and providing for an effective date.
/ t: Ordinance 48, 20Q2 — Submitting to Referendum an Amendment to
� Article XVIII to the City's Charter. An ordinance of the City Council of
�a,S the City of Palm Beach Gardens, Flonda, submitting to referendum an
�.�� amendment to ArticletgXVIII of the City Charter, "Ordinances and
Resolutions," by deleting section 18-1, "Meeting and Procedure of City
Council," and Section 18-4, "Posting or Publication of Ordinances," as
obsolete and inconsistent with Florida Statutes and renumbering the
remaining provisions of Chapter XVIII; providing for the title of the
referendum ballot and explanatory ��atement; providing for advertising;
providing for codification; providing for conflicts; providing for
severability; and providing for an effective date.
/g. Ordinance 50, 2002 - Extension of Build Out Dates for Development
n Orders. An ordinance of the Citv Council of the City of Palm Beach
�/p�� Gardens, Florida, Extending the Expiration Dates for Approved
��,j Development Orders for Planned Unit Developments, Parcels within
"�� Planned Community Districts and Site Plans expiring in 2002 and 2003 to
December 31, 2004: providing for conflicts; providing for severability;
and providing for an effective date.
XII. ITEMS FOR COUNCIL ACTION:
XIIL ITEMS FOR DISCUSSION:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 86.26,
persons with disabilities needing special accommodations to particepate in this
proceeding should contact the City Clerk's Department, no later than S days prior to
the proceeding at telephone number (561) 799-4120 for assistance; if hearing
impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800)
955-8700 (VO�CE), for assistance. If a person decides to appeal any decision made by
the Council, with respect to any matter considered at such meeting or hearing, they will
need a record of the proceedings, and for such purpose, they may need to ensure that a
verbatim record of the proceedings is made, which record includes tlle testimony and
evidence upon which the appeal is to be based.
Ordinance 50, 2002
New paragraph 2 of Section 2:
City Council shall direct staff to modify the Land Development Regulations to more
clearly define the "Build Out" date. And staff shall have made available to Council an
ordinance modifying the Land Development Regulations ready for first reading in
February 2003. This ordinance shall also include regulation changes allowing for
modifications to project build-out dates ahead of the formal adoption of a project
development order.
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Facsirnile Transmittal
To: Jae Russo
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11300 Mirasol Boulevard
Palm Beach Gardens, FL 33Ri 18
Phone: (56l) 6247555
Fax: (561) 624-5002
From: Craig A. Perna
Fax: 799-4124 pages= 6(including cover page)
Re: Parking for the Honda Classic Date: December 4, 2002
CC:
� A� Discussed Q For Your Flles ❑ For Rsview
COMMENTS:
�Please Reply /Comr�ent O For Your InFormAtion
CONFIDENTIALITY NOTICE
The docume�(s) inc/uded with fhis transmittal contaln confidenNal information intended only for
the use of the individual or entfiy to whlch it is addressed. !f you have received this facsimile in
error, please contact �cMria ai (569j 62�-7555. Thank you.
��
r
12/04/2002 15:59 FAZ 561 624 50oz
Al1KA5UL JALCJ l:iK. UCVnL
♦�'•��I
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Memorandum
To: Joe Russo
From: Craig A. Pema
p� December 3, 2002
Re; Paricing for the Honda Classlc
My help you c�outd give us with this would go a long way t�wards helping to suppo�t the
A Pema
� Director
CAP:vmd
AttaChment
� V V L
G1MY Doa���NCbna�CAP ma'qlM�raaoNbdw P�'V��
12/09/2002 16:00 FA� 561 624 5002 �1KAJUL �n�� �iK. unrc�
, NORTH �MERICAN I�ROI'ERTI��
—SOUTHEAST, INC.
Licensed Real Estate Broker
AGE1�fT FOR PBC-THR�E, LLC
November 19, 2002
�C�Mf��so�Lr�
NOU � :j 700p
Ronaid Ferris, City Manager
City of Palm Beach Gardens Aqq��CT OF rH�
10500 North Mi[itary Trail O1R�'CTpq
Palm Beach Gardens, Fiorida 334i0 ',
RE: Mirasot Walk ,
Honda Classic Parking
Fill and Grade Permit
�yvvo
Dear Ron; .
As you are Aware, we own the 25-ncre parcel located at the northwest corner of PGA
[31vd. and the f lorida Tumpike. After a:year and h�lf from application we have now
reccivcd our concurrency ccrtification (fhanks in a la�;e part to Muyor Jablin and your
efforts with Palm Beach County} and are scheduled for the Pianning and Zoning
Workshop meeting on Decernber 10, 20D2. We will then proceed to Planning and Zoning
and then to City Council for a scheduted final hearing date af �ebruary 20, 2003. We are
also tinalizing Aii other permits (we hav� the FDOT permit, the SFWMD permit is aimost
complete, we have resubmitted to SCUA, ete.) and expect to be able to commence
construction as saon after the final City �ouncil hearing as possible.
We have been worki�g with Taylor Wo�drow Mirasal and the Honda Classic to provide
them with space on our praperty for tou#nament parking for the gencral public. In arder
to allow far parking on the site, we will need to clear the undcrbrush, fill and grade the
site. This will allow normal passenger cars to use the site for parking.
The City Engineer has infarmed us he cannot issue an early fill permit until we have site
ptan approval. As site pian approval is not scheduled until February 20, 2003 and the
Honda Classic is in early Mazch 2003, t�is will not allow us to camplete the work in
tirne.
Takin� the above into conside�ation, I am sending you this letter ta request the City
review the situation to see if there is any way to accommodate our request to fill and
12995 S. Cleveland Ave. • Suite 214 • Ft. (viyers, FI 33907
ph: 239-278-1121 • fax: 239-278-0995 • web: www.naproperties.com
«
Attzrta � Cincinnati � Dallas � Ft. Myers j Minneapolis
1C/U4/LVVL lO:UU CAA a01 OZ9 aUUL �1KAJVL JAI.GJ VLK. UbrGL I�JUV4
Nove�nber l9, 2Q02
Ronald f erris, City Managec
pab►e two
bracfc: the site tor Flonda Classic parkin�. We understand the reluctance of the City to
grant a fill permit prior to site plan appr�val and therefore we agree to the foltowing:
1. We wiii not remove any of the existing trees adjacent to Jog Road. The area we
propose to use for parking is the� existing cow pasture (see enclosed site plan).
Tree removal will take p[ace on`y after site plan approval.
2. We wili install erosion control (silt fence) in order to prevent any fill washouts to
adjacent property. ;
3. We wil) install washed stone "d�iveways" off of the adjacent roadways in order to
keep the surroundinb roads clean of tire tracks.
4. We agree to hydoseed the �illed jarea immediately after the Honda Classic if we
are not yet able to proceed with �vnstruction of the Mirasol WAIk project.
S. If allowed, the fill wo�k would ciommence in mid-]anuary and be complete in time
for the Honda Classic_
i have enclosed a lett�r from Honda Classic E:cecutive Director Ciit'f Danely requesting
use of our property as well as a site plan drawing depicting the proposed work. We are
aware and are not hiding the fact that �t!antinb this request wiii also b�ive us a jump start
on our construction schedule. Howevery considerin� our single-phase eoneurrency
buifdout date of "2Q03", any time advajntage is appreciated.
Due to the logistics involved in contrac#ing for this work as wel! As alternate site selection
for parkin�; (and / or busing arrangements) by Elonda Classic stati', we wou[d appreciate a
�espc>nse from the City as soon as possible. Please contact me shoutd you wish to discuss
this further. ;
Sincer ly yours;
C__
Shawn R. Mclntyre
Vice President
enc. Honda Classic letter of November ] 2, 2002
Site plan '
cc: Cliff Danley, EIonda Classic
Craig Perna, Taylor Woodrow —. Mirasol
Dale Hafele, North American Properties
�c.v��covc lv:u1 rne ao1 ocq avu[ �1KAau� �qLCJ G1�K. UCYGL l¢JUUb
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101�O Rive�ide Driv��
Phone: S 61. S 14.6995
Fax_ 561_514.6755
www.hondaclusic.vom
CLIFFORD L DANI.EX
B�aocauK Dh+oaor
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n� �'s� a �nn�
S4'EVE GULUB
af Saks ��Al�c4nQ
November 12, 2002
Shawn EL McTntyre
Vice President
North American Pmperties — SE, Inc.
12995 South C1eveland Avenue
Suite 214
Fort Myers, FL 33907
Dear Mr. Mcintyre:
)vr.u► wvc�s'r �e would like to request your property for to�nament parla�g. The property
j°°� �O01d�1Q`0C wiIl need to be prepared arld cieared for parking and we are hoping that it can
�i�rtmrwoonxousH be��leted by March 1, 2003.
Ta�rmmart Cao�c
On behalf of the Honda Classic we would like to thank you for your assistance
�v�Ttrt ctlgl'[s `,,,i�, reg� ����, � you have any questions or require aay further
�`°"°` °� °�°� information please do not hesitate to contact me.
�«��;�'"1 �! J�!! ._y � �
Li J. C1�1$�. i�0i[IOUs
--� � B. AMHMIXA
RICEiARD COI.IiYER
IRV GR�OSSMAN
A. HY+OGO
VfRLLIAM LOSSON
STEVH MORISAWA
BARBARA NICRIAUS
C1WG A PERNA
u►MBS 1WBINSON
JOS�H R. RUSSO
RA'YMOND A. DOUA�AR
RICHARD'L WOUI.I�'E
lcgat Cou�d
GB1JH S. BOI�iAM
Piomcid Ad�isor
Kind regards,
�����
Cliff Danley
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City:
SubjE
COMMENTS FROM THE PUBLIC
Request to Address City Council
�
Members of the public may address the City Council during the "Comments by the Public"
portion of the agenda and during "Public Hearings". This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time fimit for each speaker is limited to three (3) minutes. , �