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HomeMy WebLinkAboutAgenda Council Agenda 120502Cit of Palm Beach Gardens Y Council A enda g December O5, 2002 � 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. t Q 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 � 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 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�➢ ((��� : ,2,�n c����et- i � � r �r�C �,�rr �rr.��- � � � I D� � '�e c��' � � � h�' � , �'�-ar p 5� m �� 3 0 E�l7 . 0 O� o �C� c.,,� r,., �.cc�1 `E-:15� c l� � r� s� �a'F t,t,^ � C� i0 c� �u.5 � '� 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 iivai �21y111IW ��/r"'� � � � `� - �'••.;.- _ � �'� � . � - �. C �;,�� ,� ■ - - 1r+�-r ��i� -, •�r.�F.�..:��� j �. �� _ � ,-� �.� a_ �� � Z �� �� �� � � d a� � 0 0 � � 0 �o � �� � � 0 0 0 ti � ��� � �� � � � ��� •C���O L��e1 Cq �, � so ,.••'t 6�, :.° ,; � ��` . 6;�..,�� ; � �t�� � 4 r�O�r) ���� � 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• `�' "' ; - � ; =f , .. � - r _ � 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/ ✓ /j .. 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. � �,: �r=`, �-:'? ��:- �<:: �::: �� :.:. n � 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 ._,,,. . ���� ��G 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 � J � r� 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 _.,�---r.. � .� , i �� �,; �� CityofFn r,a.d�ns S�� 6 ,:;�; cr� •,�i ' nia�!a�F�.,,�r!T DEPARf!dEP!T —�---`_:�_I i ''. 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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. �°��� - :,���,: .�,_ . ; �` r; r; � . ; ; y, ��;: . ; i,:,F-,�A1!,v r Iq� . :�, 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 � � � � �— 5 l , 0 william hamilton arthur architect ir�c. 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 �v � 5� � (r.� - �y az ,��% ;1 �. �/ ..,, ��;Y. c�•; ;� ,. ���,. y� ', . � r. � ��,,r � , �:��-, . ;; , �. �, - -� 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" -� � _ b�� / /�\.� �.. '� � ��; -� _r, ;,} ,.:_.� � � F � ... _. � � ;-_ ; ; 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 �'l_,�� �,:.. ; ;. ;rl._-.:: a`; � "j..��� � I�.. � t I�X �i !1 ����1� �I ` � 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: �-- �d : �r c� � �`��-u�� 7— � /—� �--� _T H . 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 _,....._ , \ \�;;', \ `� . , 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. �i�� , 7o B. Pollock, 7r., P.}�.. Principal 7I'Bllem Cc: DorAn Valero � TEL 561 045 0665 fAX 561 O8� 0175 oe 4431 Embarcadero Drive Wesl Palm Oeach, Florida �94p7 �vcYt. W Vfal . � W nOl[tCh7P7'orDaMat� I Ocq�06 �JD?�c noc `. � � ,_,L-r�, �� � \�, �`` `__' __ ao�i � . �. �� r �� � ,":!1�rr■.: � _ -�. ���` �T�TTimim .���' , -�iiK� . ��.,� --`�,.—,�, _ ,`\ � Fc _..�' 0 '�- --rr `-- =-`^�: -__ ; ` _� - --- � = —,,.�,y�_ f.�=�-� �,��_.. � :�`_ a� t. �:>. —� _--�±`_ — m,. _ `?—�' ,,`` �1 � ,— — J J �.: , IM1. :_� ..-..:_.i-i•.— ( 1 I ( P. :?�.� 1' _ ;t :�I� l�� 1. II 0 311 S ��-� Jt ` _J r]f T'Y.]lY (� - :_��'`l I .�' :.� .. 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(� � -----�-- 1C1i1 /.u��c 1�3U9�M'N — .�.�'n�i.��rn, . a�rqC(n�3CMNWi ZE �� I�. _ _-�-- r � ��,; �..__, � ... �\ � J �� ���J � � �1 ` < -.l� _ a,�+y aw � ` ' \l-, l� �-�J -���� _� - -: T=_ `� � 1 � .;� � =�� � �� : ���: � � ;��, . �� , - Fi — � --_.. ------:-_ . ` � — ��� ,, � � �,��� � l �; �. � . �1 �l ; 1 , ;f �'_ ,- � �. ! i � __ _ .__ ,, , ______—_ —_ �; � �.� � ���_ . — .J1 I �; i; I_---- � ( 6 E _ �_ � = ���,u. �,J I \ 1 � � �"J� '�` % 1 )( ���.� ..__ � � ../� � �� � � � � � ►�, �� �__ _ - �; � .� � �,\ � / �✓� ( ^..1 � ^ � ;\ ��' , � y ; ...�:> -���,:�� 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.�`- !�! � � � � .� � 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 • ��%l'�s'll ll ll j .: �l1)1 ' i, E���,�< <� ��t �9sa ��— ���,� �A�o-NS �R� i+o^rH n� �n a=?.eN, v�caica :;.,i,.. 1eL lcs-�'�M1i�ie5a Ft���. �95�-9i]-93�5 JIRE'.,'T Ot .J�'.IAiJCiIGIV�. . �I��Y FL�V. i�a�6.�oo.�_c�_ _�za.�e PUD AMENDMENT SUBMi17AL 11561 U.S. HIGHWAY 1 PALM BEACH GARDENS, FL. Proposed Outparcel Building/Front Elevation SHEET INDIX GENERALINFORMAl70N OUTPARCELBUILDING _.s-i c...E� s�Err — - ., � �_ . P . „, aF,�a«-..� e_. . SI7E PlANS �- __�=-eFasLL exreru,e e�eP �_ri _ � i __sr,� a�.u. r-r �� . r_ �nn� WSRNG RETAIL 'F "— srtEir . �.N ^-� ., . o osEO . �ars e �. .i� sv-F _Ei.rraira� ,rF P�ni auc -FO'ro�.ina�s .. = E...-r .Er<i�/w�ann..c _�c_. c�eien��is L4NDSCAPE PLANS �.- .. �_=^c o .., w�E LOCATION SKEfCH s N.T.S. 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I � - �� �� �---- ;I �o��� ;. i' r � L Q N m J � Q O W N � �,' Q N m J � Q O W N K i,,�PROPOSED FLOOR PLAN S�oie ,�8„ _ ,.-o„ —�,Ea s�o�,k,�� � � ��� � # � Q N m J � Q O N W �- � � � Q � m J � F O W �- K � ..II �enw�xsrv ��G VI � y� �p �I , ���` os _ � � e � � i�l', Z a � O O J � � � d O � : d � � � � o _� _�- - � _�u � A-1 scale: 1 /8" _ . u��,�.. � -_-���1-,_,- ��;i,u� architect z ¢ � d � O O � C N O d O � � � a i —.— � � � � o O _ ^� �.J =�m, �„���o��, �-� �::.��� 1; .:; i� . � � �"��>� =R��� �. —�v�,E�„��� � °�R:`` � � � o . � 'I � � �; om��ow«, � �p;� _ , — _ \ ,�, �, -� - -BN�iLVSrv[CO south elevation A�w�ws v° _: u� -,a� �� � �k��„�«, , ,e�$ _�.�<a��.�.� Pa�M�.,ox �, `� k": _ �� � —� iri , � �'� � � I Q�u�ev�sr �I = — ' xa� ' � — ° : ,; _ _ _ __ -- e L°3[�4M0.f�ll L3@4Q�dGL°3 � .. G3� � _ � �� ;J'I " ° � ii I � I I I � — �� i �, �; Fl�-� o �;r� ��a I I� !�� FlN-C '� pNILI a — � �� ; _ __ � � pr�v�ui�,�� � - �� .. j' � _ �� � ��-� .� J�� � � ,. .� .I ,—�, � �� 1 - :..i ���i �� � � uma i i — � � �.,�a - �u<•,�,� mµ�� �m west elevation ag�, ae< ,,��^s�a,� �°'�` " �'a°'�°"�°"' �'"��`n""�"° ro�r swf:u9�=r-n a•1 `�tP ,�Sr�BOPo,q� ��p'y�� cflaRRELF�9orv0.mF— �A�,g�+ p�, dS �m Y!5,� �;�oi mt o. . � pO�Y'� `' i: 6' ��" �� Fy e — L�C- 0 � ,� ._ . ��,� . , '.�� ___ . --- . . _— ��� Il I/ �M � �GUNOT � .. , ` . IXOWx/FAS¢4 Flli-0. f G ..__. I - -'--=g �.- . `\ �1�1 �__ �/I ', 6l � M.OFS PMD �. OIIMPSfER I / FlN-C praatnlM- /--.- -SIOaIXY IEYNRE9 n�orth elevation m"�"u� � _.•� '� � � � I!il S]GNAGE DEPICIED ON F1tVATlONS 006 NDT REPRESEM THE IXAR TEN4NT lISE IMENDED FOR E4CH SPAQ. cXTERIOR FlNISH SCHEDULE i MARK DtSCRIPTION ' 6AN0',N� t COfB.C4 SNCCO COAPSE FIN19i 0 0: ER4NN YAWA45 YUSiIRp FlEN SN tLl FlH-B ��N MALL FlN91, SNLQO SWO LNIS1 ca . rv�wwaus sn�uc�i wn�e svi zoos PLINIH, SNCCO. SM'D iP'ISH ! nx-c ww.n u�waus. Mnisox eu�c sw sos� �� o ,��, � vncrnsrneonu�ax I�I '—��� - lP%fUREDFlN191 east elevation �' ��`�"' ��� �„re.-.� �„�,o�„ao��,s���x� _ �.' Fa, � � 4a� � nr �' i I; l� �I � i� � 1� � < �I � � � 4�LI'� existing retail-west elevation I � r- - � � i � all proposed retail-west elevation � � l L .. _ f1N�._ SNCC BpNOwlKEI' � rix-o �� - new v aw+.ri �u, m� nwH, m >NR aP SFPnMiE SV BMrtiru --enwwinuaao�wc �.g� MPICH WHYS �- WFG �'�ii v�QV proposed retail / south elevation IXISTING AND PROPOSE� REfAII BUILAING ELEVAlI0N5 s[n�e : 1J8" - y,_a� �,������ �� �� aN��n��� VNMTOBEFESfOPED WETO NRN WON( i — — -- — --- — --- -- --- — --- _— -- -- -- I-- -- , _��E�.�o� ,_���,��. �, ���a���w� ar�n�+��+ .-PFHO�axcv5�. W15mSNCC06Ax�,�vP. Eu51IN6 WI11 I°'9l FMSfWG DOORSPND S�ORENtONR 9UNGE i-. „,� �, - — � o�,�. � =— � .,,a�:. , .. , .. __ .. --_ _ „.. — — — .. — � � , i� � _ �� .. � _ �� � I l l t I � L � II L�—Li ��-- ._ i i �i i i 1�.. �� � � i �� �'Na �I � � _ � � , � �� - � � -- I ��� ���?` � � o���� ,. �� �- � o ��w�. � �� �� � � �.,�a�,N�- .i ��an ���t � : �. ,� �no� ,� �� ��, � � o 0 �wa�uioawixarui�. r� . 4 c7 w � ' � . i_ ° � ' � Z Vl j �� � � � � o�. � 0.w I — _ _. _ _ _ J � I' L°3o(ka cn� __ _- i � ��-�,� _ � � w - ____ - _ - �..— ��: m a _T z _ � F- � i � „I - a � --�� -� u'I � �`zQo � -- i� m �� � _ II � �� �Zo � �;� � , , ,� , _ z°Q -- - _ �a �r�wsroxvnavr000ula � — Cove�nwnuvur Vl w N iM &mnw�sraxwmo nw v�im�E Snwc�wceo - W J� __—.. .. _ _—. _ . _ r_ PROF.LE OF /.N[HOq'fENNlI� � �BEYOND) � OONOT�ISNPB WSrtINGGMEANSIETI — r"f�6RFldl� dSY.�' R � f�`SM2:1�0 N ,II � , _—_ � _�—_.-- �aumrvsroaFm�n� \�..,......,.M.. � QGNAGE DEPIC1m ON ELEVA710N5 DOES NOT REPRESEN� I I THE ENARlENRNT 115E IMENDED fDR FACH SPACE � _-_.- — � � 1 � � � _y �� _ i- zi=.." — � — _ A- � i � - � � ��� o�� � �r�a ;I — —_. ,�� a,. , „ ,. „ ' - — overall courlyard wes[ elevation fac��9 us h�ynway rr i SG1LE : lJl6" = 1'-0" I,I = i_n�� ,.._�es���_ r. .Fi I �.`I I i � - �'�cECiri �I -y - � west elevation section 1 � °'�F.> �. / -E.L4,�L��iaM� west elevation section 2 EXISTING CAURTYARD/RETAILBU[LDING ELEVATIONS sca�E: us° = i�-a� � y, _ k�e�'fSrn-. �g w�;� V'tlr� �.e o �,P�de� . � �� ��6 i �'� 5" 1 I� �"e �'�� 60a ,�g � . .�/�/ �, P�I, a_ I40 � � P �� o�i��um Luim �i � a1.,.Do @k� � �B� �w�amll�CmN P��6PUi w � '��, �� � / . `. �, ,I �14'— I �� �' k'�I� — I I� ,�I � �� � �- ' ����� , , �� �I � � <� _ �� F,�s�R.E,ti � PARAPET/SCREEN DETAIL �Y �a . �'e. _: '�e, ., t ..,mse s..� '�I��_ .. II N Y A � _ _ ; -- ' I &i I ; , �, ' _.l_1L'. _'- � �� ' aronitect � � � - - ---1-- -� _ . 1 _,i _ '� 9�GMAGE OEPICIED ON EIEVATiONS �DES �T REPRESENT � _� j,THE IXACT TENNH� USE INTENDm FOR FAQISPPCE � I � � � J i , � i 4 �N � t ~ _ '� � w � � i I � o� � . 3 i �i q o � � � �' .����. > � �a �> ,I �'�" �� zz i — �= o ��REEN � °IY Roly's � � GAi ourvc X � �ssECnon� �'� u m a �p � �9�(^lIs) `) � _ caHnrvuous a'— � L iaR� ��n�r+�c� �.._ . ^�'� F�� I �� �� DUFFY'S OUTDOOR SEATING AREN � BL.,=OWN�U�P PLAN � a n ,� ° ' Sy i � I — O . ,. —' `y i � � .. \ i . _ i — � ._rE� — 'DC � PNl�rpu��-" � A �_ � i - I r��'_''`e`:'` 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 ,ic ,as nce i as ight ,�o� � �, ded :ra �nd d�d �ral apel i 12 ray alm �ce JS- NeII �ved ire; 4arl on �ie ;an n's L. m- in 3y �0 �`�; �. 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. �� ;— — ,- : ' ' :� ��-_-- .. r.;a . Q ��._ • �s �,� . F� : ��� . � ,�,�. _ _ ;� C' .. :1� � ` �'.�, .n��' ' � _; �",;,�N �F ' .' ,C `C., t1 �1 �t , �.. `q3� +�''.'� . � ,/ �rF�+ ;b�od�'� i�`' � . '� �'""'y'-�s �j:'. �` " C �.. /, A�Y�i y, @ r �� ♦ . I, j � �i':����5 . � ' /' 'Y • _ � Er �.- , , v �, a3:: - . . . ��, � ,� `` � � j `,- _ ��� ; ...�-_ I �1� i ti1�, `-�.�'y � ;,. �.t-. ''��t y �; - ,� F.� ; . � �i i'�i�. . . � t� �'/7�� ' . f _� . ��} t- _ ' _ i".:� � ■ i �/ Y ' . ' /�.s'�! - - - �C"'� l � �i a �., ,�_� . . 5 , � `;L 1�=' , "r _ . , � �' �.�.�:;�:� .�;:�-.:s, ' a',�...—�u��.<--- - -- - ., _.. �� _ __..� --�.� 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 � - - - ------------------ . H APP ' R EYOR AND MAPPER LORIDA LICENSE N0. LS 5111 ���%'" ,� � � `"�/ E���� � r � � � � b � � O � � � N Lucido & Associates � `\/'�� f+��n 1n���yN� • M��I� � yy � i�F��.�y�Al�O Vvv �� �� � W � C�3 Q a � � � � I ��l, 0 1� � � � �� � :�,�� � � � � X Q LL O •�, _ _ �1 • IIII . � i ca � Z C�3 ' Q ��.� - ,I Z I� �� �Q- - ._.�. � !1... . _. ... .__._ _ . � -•-- --. . -. — _ • f� �r m�r ��io�aztu. `" w.i edaa+ae�erw �a � �'� ��w w w� n�y�e+vet� y� .. � s �Y��r�. aa <'? ci x.rxy�.+orv�ar�o,� oaat � ci ��aana,r. �a � o a�.q,ut�rss� i� N s ai.oea'n.�r.�ter�s� ixi � ����v�� uu Qlrin��.� sp�B�Y�q.EL�1� IDee�riBfQ�isOir�� 7i Oi 7 O�i�L1r94QoL� L � � �a�rv�is s a� `� � r -�oo�v � � Ry�ma1.�s pp P�xs�m�7s���t � ���� 0 ��. z� w � 1 � • °�_ �-�g �+.m-, � 'r.v �vEr,uevi> :_ � _ LI� ��� ;: . ''` EVERGRENE A VY.C.I. COMMIIZIITY P�Be�e�Gad�-PrtmBeuaCo„ Fi. Sig4 Ke.y Plan , i � �, ' �, R^ -`^�-�� � � �nn� 7 S'§ ; ""' � 1 f' '�,'yu i �ry ry �^ 5 � , �7������ .. F {.a:9�1e h � t � .. �t �,��� �� a : a �. � ..__ _ _. ,:_.... _..., :t,� ............ .�-.h. .�.«,.�.,.-�.� �7� "_" '__ � � . s�'-�..—� __'--_ "—'_ ._ � _ . 4=. . � °--�----"'--.�-�' '_' _' � I I ;s» � , ; iI� � ;� Farcel4 { ; �� City Coun il � �' � ; ii� � � i �' �>.� A � �., f I"''y:� ' i I i t I � .� w. I I '� � p, i I I . ' � � � xx�E�. �' j�'� �- i� I I r�: � s I � � ��,, "�: � 1 I - .. - � _ �� �r . �?��_ ��:_� �"�°-�. . . .; +`+r%a.. ..- ��,..�. e�- .._� 'txtts�:'4�.��,,�+s,.#� s�. . . �*'c' `� ' ��': .,. �''� `;� �� ti ergrene Planned Community District ,� �� � • � LLICIClO � �SOCIateS • Detail3B ��, -\ � Stuarf . f,,.� N;�.�� . ��.�a��+�� Median Si n Plan & Elevation Detail v g vr ` �/ ' Land Planninf; /'1,andscarc Architecture v Vv 322 Gcorgin Avcnuc. Stuart, FL 3d994 v �. ���,� �o'z,�,,. F� �sh�� �,.,�21,� _ . . ..— . . . . . PLAN VIEW �;.. •.:� '•�:'•` � . . • Raised Brass Metal Letters 1'-3 �� • — — -- . 8" Text Height, I" Spacing Times New Roman Font Style PI ter � l� �6�� � :'.�:. _�:��•�:.. .�.— —. .,� —._c. — — —. :.L.-..�.:... .'..: �.. _ . �� � . .I �� �� � :�.`�:� :.� - _ - _ - - - = r: :�: . . . ; . � 1'-3" I ` L� � 1' 4" � .. . �" . �� �_ �. .�_ T �'��,��. , � � �- � . � : a 7'-6" :: �=:�f EVER I�.E E �:��:��_� � .. .. .. . . . . . .. . .. ... . � . . . A WCI CO MUNITY :: :�..` �:: � . . � -1 � � : � . . -.. �_ `;,� ���� .._ � . ;:. . �.� . . : � i � .�_ 2� 6�_6�� Typical CMU Wall w�th mortar Cultured Stone, Finish to math Gate House Walls. : Lcdge Stone Wall, Finish to match Gate House Stone Cornice Color. ELEVATION VIEW Ledge Stone Column Cap, . Finish to match Gate House Stone Cornice Color. Ledge Stone Wall, Finish to match Gate House Stone Cornice Color. Raised Brass Metal 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 Style �,.� , � :�� �'1 . 1'-6" 2� —� Ledge Stone Wall Cap, Fi�ush to match Gate House Stone Comice Color. EVERGRENE A W. C. I. C O M M U N I T Y � ' Z ' Palm Beach Gardens - Palm Beach Co., FL Scale: l/2" = I'-0" Project: 288 Evergrene File Naroe: 288-L10-Hood Sign Elevation Alternative Ho o d Ro ad Entry File Date: JB.OS. t 0.02 � LLICIC�O � �SOCIateS • Detail3A ��,� Sn�art • Furr Yicrcc • Orlandu �/� ` y' Land planning/ Landscape Architecnire Median Sign Plan & Elevation Detail �/ vv .322 Cc»qqia il vcnuc, Sruart, rL 3499d � rn. �s,sq z2n_2rrx�, F� �s�s�� 2z.3-n22n —.. — — . .— . . . . . PLAN VIEW 1'-3�� �•`� L ' :.::� ��� •; •� :,' '���:� .:' •:. `.::. :..:.:.:T ;': 'T �• �.• � .�� •T ; 2�� Depth Carved Letters, ' . ' : . � � � " . . . "�. .: �.. . • �� 8" Text Height, l" Spacing, �`: �.� �� .. ��.:..: ' :....: . .: : :: .: :. •. ::. :. ' �•: .. :� .;.. .:�: �'• . ' , � � : �'� Times T1e�3� Roman Font Style. �' ' ... � L�be' � . ,. :.. . . '� �� ' . •. �.�:. ...��� . • � . . �-� - _-..-_� � � � �� • ^�.���� • .. _ . . . � .: • •• �i 2-6 . . ..����� - � �_ ... .�. : � ���: g .�.' —r—. � =.,. � �: :r.=. �� �.r._. � � � � _��-- . , . . . . . . � � .- :. .. .. . ...--���.- . TI: �� ._�� ... �.: :.,.��:. � � . :. � : . . . .. . � . . , � , " _. . . . � � . � Ledge �tone Wall, Finish 1'-3" ' � � ' .' � ' -� .�.. ' .. - � ' . . , :. . . to match Gate House �� � � � � � Stone Cornice Color. ' ' ' . . . .. , . . . . : . . :.� 1�_��� g� 2�� ` ELEVATION VIEW Ledge Stone Column Cap, • Finish to match Gate House Stone Cornice Color. . �. • =. ■ C�� �� . �� ■� 11 • • �'� � �� �� • � �.� �� � � .� l0'-10" 7'-6" ��� :V��:�.� : .�=� �:: :�_��.�E �', �::.�'. �YV .�I:.1.:.0 : .�Y�.V i�r�] C�7 Typical CMU Wall w�th mortar Cultwed Stone, Finish to math Gate House Walls. 0 1' 2' 3' scale: l/2"= l'-o" Project: 288 Evergrene File Naroe: 288-LS-Hood Sign Elevation File Date: JB.05.10.02 �..��.. .. 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 7" Depth Carved Letters 4" Text Height, U2" Spacing New-Times Roman Font Style ��� �� C.. _ � _ • ,�.. . �� ❑ O O 0 2' 3'-6" 2'-9" I 1'-9" � Ledge Stone Wali Cap, Finish to match Gate House Stone Cornice Color. EVERGRENE A W. C. I. C O M M U N I T Y Palm Beach Gardens - Palm Beach Co., FL Hood Road Entry �� LUCIC�O � �SOCIatCS • Detail3B ��v� .``��•" • �"" �;"" • fr1aoei Median Si n Plan & Elevation Detail vr ` v' Land P/anninK/ l,andscarc Archirecture g v rv .i22 Ccorgin Avamq Stuart, PL 34994 • � ,� ''h. �5�,� z2o'z��' F� �sh�� z2,. ��2z�� .— — . . . . PLAN VIEW � �,.. Raised Brass Metal Letters 1�-3 �� • — — -- 8" Text Height, I" Spacing Times New Roman Font Style PI ter � I� _ _ _ � __ _ _ _ . — 1'-6" _'. . . . . �: .. . �. . � . . . . . • . , . ,. . � � �.:. : . . ��: . . . �. _ _ . . . . . . . . — "� ��-�:�. J �:..�.� ---- ---- ��. ._ • 1' 4" 1 � �3 �� �� � � — — —. . —. . . . . —.. �. I.. .-• .' ..'� . ' . �. . � , '.� •� . � . . : � � 7'-6" ::��:�f EVER( � A WCI CO ���� � � �i�:� : ���-..: � � � :..a,:..��=...:. ' �s..: � " . e. .r�...�.. TI�E E �:��:��_� �MUNITY :: :�..� :: 0 . � � . .� ��� �� U —�— 2� 6�_6�� Typical CMU Wall w�th mortar Cultured Stone, Finish to math Gate House Walls. : Lcdge Stone Wall, Finish to match Gate House Stone Cornice Color. ELEVATION VIEW Ledge Stone Column Cap, . Finish to match Gate House Stone Cornice Co1or. Ledge Stone Wall, Finish to match Gate House Stone Comice Color. Raised Brass Metal Letters 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 �� � €��� , �� � � , �� TAB 2� . .., � , < . � �� � R � � Q� , �,: 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 4� :. ..'7 � �;; �;� ��;±� ENGINEERS—ARCHITECTS—PLANNERS,INC. ?��:.� �+'�'•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 n� c. o. •.. nn� c� �ovrv� cvcrru_nccrc�onn��\ circc nwr / �\ \' ' I� I `` � _ / Cjty �r n ,; ^, , ' .�� �Yt. � � V�, �.�•,,. _� / , 0 �� o Q�� I I �JP�� � c- �OJ� ��O w Q.�• Q�,P` J � cvn G�`'�/�PO � P.O.C. P.0.8. R/W P.B. O.R.B. PG. FDOT D R L � N88'10'S0"W 1490.55' 35 36 — . . j . ��— _ _ . . _ . . _ , `— NuK IH LINE F 2 1 SO1'49 10"W 172.03' SECTION 2� � P.O.B. .,�, .�o� ��, s UNPLATTED ��� j�,�ca. s160 , / ,S�F �j Q 2Q� J� 6�, ��� �� �j] UNPLATTED �� S44'13'31 "W 130.67' S44'S6'22"W 58.12' P.O.C. NORTHEAST CORNER OF SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST LEGEND POINT OF COMMENCEMENT ��_�_ �.1 __^_ j, POINT OF BEGINNING , RIGHT-OF-WAY ��' '.C` PLAT BOOK �_, City of P B Cardei�s OFfICIAL RECORD BOOK PAGE 'r `�f 15 FLORIDA DEPARTMENT OF TRANSPORTATION ���� i �...I.i CENTRAL ANGLE 1\ . �� h���n,p�`,`.,;; ,,, RADIUS \� �. DEPF!'�:r�. ARC LENGTH - CENTERLINE .• � f� i�- GEE & JENS ON 't�'��'Y+��.•;�S�i±� ENGINEERS-ARCHITECTS-PLANNERS,INC. ";�.. ONE MARVARD CIRQE N£S7 PALM BEACH, FL J3409 `>3� •:f'�✓ Sa1/515-6500 ; `.\ - � �� THIS SKETCH IS NOT A SURVEY SKETCH AND DESCRIPTION aKO � OLD PALM ,�R� �� GOLF ACADEMY o,_2._a, Dnl AA R�eru rni iniTV �i nQinn IV N O o � I w �' M Q -- I � 1 �- � � � Q p� � � r � a a 0 o z z z o > > � 0 0 � m m � W W U � � � � � w w w ° � � � z 0 � . � N � � � Z J08 NO. 21-714.00 SNE 7 '� __ Z c - � 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 .�¢�4.}� GEE & JENSON SKETCH AND DESCRIPTION ��o �� �:� ;r;.>.:.:::: ��'<�k:,y'�<�����•= OLD PALM APRV �^� ,��;�.',%'.�� '%3:;::;r ENCINEERS-ARCHITECTS-PIANNERS,INC. +t�� y}:ry ONE HARVMD qRQE WEST PALM BEACH, FL ]J409 GOLF ACADEMY �'•, :�' �,is,s-es°° PAI M BEACH COUNTY. FLORIDA �,-��-02 DATE N N 0 0 � � � �"'¢ , i o � � �. r � �� QQ ooZ � � o 0 0 ~ m m � � w W U N N w > > O W W � � � z 0 � � N � � w Z � JOB N0. 21-114.00 SHEET 3�3 . . , GEE & JENSON ENGINEERS—ARCHI TECTS—PIANNERS,INC. aNE HARVARD qRCIE 11E5T PALM BEACM. FL ]3�QY se�/s�s-esoo rtaro� cumc�rc a wmaaz��oa Nweu+ �eau.H DESCRIPTION OLD PALM — GOLF MAINTENANCE FACIL(TY J PALM 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 '�LE: 21114.D0\SURVEY\SKETCH—DESCRIPTION\SI TES.OWG CI1Y OF PALM BEACH GARDENS �_��1f��J � r� ZQ02 Pt�PvNiiVG & ZONING DEPT, , ��� P�" Q�P Q`�`� `� � y P� ��� P y�P c,. ���0 ��o�,? J�Q. o`�� ,�5'`. LEGEND P.O.C. POINT Of COMMENCEMENT P.0.6. POINT OF BEGINNING R/W RIGHT-OF-WAY P.B. PLAT BOOK Q.R.B. OFFICIAL RECQRD BOOK PG. PAGE f00T FLORIDA DEPARTMENT OF 7RANSPORTATION D CENTRAL ANGLE R RADIUS l ARC LENGTH �, CENTERLfNE P.O.C. INTERSECTION OF E : R/W LINE Of CENTRAL BOULEVARU AND WEST R/W IINE OF INTERSTATE 95 S30'31'49"E 121.94' S59'28'11 "W 100.00' -P.O.B. O 0 N I I � �.; � Q U N � 0 � � � � � � �� ��s s � � �� �� F oZ �� '� `9"�� <�� r'o � o�, � � �� `� �z THIS SKETCH IS NOT A SURVEY GEE & JENSON SKETCH AND DESCRIPTION OLD PALM aa N"wv� ��r�s PN; �"aE.�i'"„oo GOLF MAINTENANCE FACILITY 561�"'°S0° PALM BEACH COUNTY F�ORIDA ' ROWA CQlY1CA1E OF WTIIOWZAl10N IR116[ll 1Di93� � Onm �� �� w � a 0 �- m z 0 � a � U � w 0 � 0 � 5 0 W Z d' JOB N0. 21-114.00 SMEET 2�3 r . 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 FLplDl1 CER1i1W1E Of AU7HO�MZAl10l1 MlMBER LBIY3� � a a r m z 0 � a � U N W O � z • o V1 5 0 w Z � CNMO JOB N0. 21-114.00 �pnv � �O�if.oZ. SHEET , o�� 3 � 3 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_'= /� ' , , ° � � � � a.�� , , r � �-, � ��. - PARCEL60UN�ARVPROVIOEOBYGEEAN�JEN90N. a p � � /��� � � � % � - STOPSIGNS AN� S�OP BARS LOCATIONS TO BE � � / � � � � . � j� CERTIFIEDBV�EEANDJENSON. - � / � Fyj � \ qnp.,R„ - TREES SHALL BE FIELO LOCAlEO TOAVOIO CONFLICTS �i / � " - � � � \ � WITHSITELIGHTING. �� �� `� � / J/ -SEECIVILDRAWINGSFORCIJRB�ETAILS. 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(P A R C E L 3 1) UGC[:M�3FR IS, 2001 ARCIII'iECTS: WILI,NMR9SfOWSHIAb50CGTESIiLC i599 BNG.NNnY P9L'LDFA Cq0¢AWB�iN -Ut16JtllLFa]Y�IWf � i ROOF PLAN — --__ _..._.. =..v -b 14 6 �6'I .... 14{„ ra.c.vE � I � _.. I' I' / __Y -_�— � ._ (�����, � I � ��� � . � \�( � � "\ /C� i � . .. . _ . � � i � /� i ., . ' RES�ROOM �� -" I I /. � O O � d f< � ,i`;,` � ❑ � � � �_ � i j i -� _�� = -I �_- �, , -- �- �� -- � _� �,�P�� ; >.,�� y � �g��. Z�_g�— ��_4. — -- —.— _ _. ___ - �— 13-b' —_----_ FLOOR PLAN GOLF COURSE AMENITY BUILDING evc�.oseo 8545F COVEN6D'_ a�,rpSF I woa I � I T2AGMINS �'. _ . ....._ __ _ AR2A — .— _—� ��. v ' - LLIB pl i , .`�✓.yX Sn�sTMr� ���\ ) �� � lJ\ � tYeac telf �I � � �KK � f \ � �� I ! Y STORA9E '� � ' � u� x `,\� ;°',II , x ��� l XyX o � �- , ' �I i �, _� i !� _ ��=� -- -:_ �� -_-,_ �� � �� 3"0 LI — 18-8' . .. _. —Y- TEACHING ACADEMY ,� NORTH 'VLLJ 1 1"1LLV1 AR[HI1'eCIS. W➢,LIAM7MISTOWSqA550cIA7ES.LLc POR "� '��� � C O(. F C L U B . r� � �i�inie s�.e t/a'- t'- a" 511LH'C NUMBER: Wace�n k s Inc. O L D P A L M G O L F C I. U B i9ou axauwe �� . � �r 3 � Lo��� �!.� �P A R C E L 3 1) w r�.�.�v,���:: [ a z 4 0 —.__—J DECEM66R 14.2001 o�rone� t6, zooz FOR: � �' � � �" V�Uace"�� �k ...�jnm��i�es ]nc. F�a..,.,1 . ENTRY ELEVATION SOUTH GOLF COURSE AAIENITY HUILDING — �,, n'�, . — \J LLl a t'1L,1 v 1. � ���, �t��� O L D P A L M G O L F C L U B (P A R C E L 3 i) DC(:EbISER 14,?001 Octnber 16, 200T ` ���ry°�°�,�b � P�.��w�.,� TEACHING ACADEMY i"� �sNi��,����¢'4i ecai,x: /a"= t'- a" � SHP.F.TNUMBER � o,, �,,.�;,���N2+ndaem „,.,o �,��, �,� � 2 �F 3 I � m�auaro wm� a z n e IN�lWd1i,FM30WWIk5 - �: � � � ){ � y ��I( �� '����1����fF FfW x{tl�� \4�'11F�! �y� � ftwail -' 1 xis"fG��;}'at�t�!'�4d{����iyy F��t�ri�°� �af:i.����r �a �r•v J _'Y' � .� �.�}�� ��it Yf��t .��4i iJ"J`�1'ti��-i�'�.�,.'Y1 �i Y t: �� !"j�'. t,�, Y � i t �j _ �r .'}3'�. : � � . �. ��s: {"a ,.r,� �„F 7 r , :x�+ . i - o. �`a'?-w"$ __ _ _ _. __., _ _ _ _..._ _. _ - -- — — — . - � � e oN BACK ELEVATION --- --- NORTH SIDE ELEVATION ------ � EAST . GOLF COUR5E AMENITY BUILDING FOR: iy` � Waz,el�{� muni�es [nc. � 1 a� B� �W 6`K:aZ. � � T�--r�-Z,-1 �S. -T-rT _?i 5'' Y it �� IF 3: f 1 f A t r y�/+�.L.., ., i. 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Golf Coters� MainSev�anee �aci9u@y Old Palwo Galf �!u@e tAdest Pa9m �eacds, Flarad� -- . _ _ . . . Iwoc� co��,v�,oe��s a �' -- i _ I ��61 I�MAHxm _—"__ ` Floor Plaw� A 1 I PlanNOM� nowx A�� � � — N Tiue NaM 5— 0 � � � 0 i� '� � YOILEY ROOM f1 TOILET ROOM i� �-e,a— ��-,•.— i � � ii .,u� �.,u,� ,�~°� �, , � �� ��.��� I ; � � � � c � � i y M� � ; : �� ; � : � .4--,�I I n WOMENS LOC6CER � MENS LOCKER � TYP. H.C. SHOWER . e�..vr,�.m U x.��„�,� m �— �', - ----C '. TbILET AGCESSONY LEGEND r� oESaarnw �u°xma'4'° asw�n. owe�c ncu e-aa ss s.m� ru� ' asw�n. sur�r,� um (emaa /e-1e2 ss. s.�iafax.J � :r m eamm � w.�w om�uma wwr-xun vx� um(emu� 1e-mzi. ss. vwsxn �w.l x/� -a u� i-i/�r aw oue out xw� �maoc p-ean. ss. � .eian. rw, canrFUen uawnxo w�sxu n q r ro a o� sms�a vm (ewma �e-z�o. ss. snnx rm.l ao� ro lav � s�'w• uaw r/��. �uL rul uw. (� R-an-uX ss v.m� Rx.) Lo' m mv 1WETYATWVFA��IX}U6$�'om�PW9xF➢�fUl.S'S.51lIXM7 WN6 �s�w�ce �i�'� � e-�ww �. s�,w ra� /r ov. a.e ern (�s aa�wl a m a man s�ovu s.v Wa�nn � oron �o��ls����� �'� � ���� �� �����— :y __ '_' -t_ _. —___"_.— q _'__� � '� � � � � I � �rz, � � I t�t � I 1 ��, 3 �I � ��o+w 3 i I e�L � � I k� -�= � � ' �im� ,: � ��, � _ -� �� _� �� � � -- 5 - .r;�;� .`,'�°':`_.; j Barany I Schn�utt Summers _ ' __ `--- ;- �Ueaver AN� PA�kiN'ek5, INC. o ,,s�.ESn i - � .ns IP�o�..s,�r.sy.m rw.e„iwv,��s cm.�i�a��� il � � O J � I _ c M� I � - -- h° -- r--� -! I � m� � C7 S � i - I -- - ---(� — i— --- - i i i i i ___J �°_j u¢� 0 P��� I �a�f c�v�e MainBewanes Fa�iBi4y II 61d �'alen Q'aal9 Cioa@a Wes4 �adee� �eaeh, �. Florida - �,. wci co�,m�n�a�@s I 9 I ui.�hur p161 WnerMYa+rv. - ."- ����, a -- Expanded �Yoar 6 laea � Inteeior EI�va4do�as A �% O `J O O wwai aw[ I I �IY�G�IVR �L�YKT�Vf�S O �iip��YQ'{8 ���br f'Y�� PIanNMh� reetu�mmr ^� �a�a:,,4-�,�-0- A-121 N TNBNM� t._— I —Y -_— I 3 -- � 4 _ � . S "___.__- ' I .• , 0 0 �'f�V��iOf'9 scaie: ��a^ _ �•.a- b __ g —._" ���w�� ' ricKwam �era am (mr+y �� O �levati6n ' C4 s�eia:va-=,•-o- ��m �... �r.� mw+u ��..:m �ar.. � � Barany Schmttt Summers �I aver - - ND RTNp9u� CYOOg f.06[f$N AAauonBenance Faci6ity Old Palvn Csa6f C9er4e Wes4 P�lerx 4Yaae6w� Floeid� - . .. . .___ _ .. WCi Communedies �� � �� � �� � � � 0 0 i ���� �- ` \,, � a .. �i�. �i���.��/�. ' 1.� � a y.___.� i Barany Schrrutt Summers -- --- — �i — -- - �eaver '' sno PAnrNeFS. �uc. o�F���ms�..,.aw�e,��.s..n... � . _ ,. . .. � �Q Io���ea+wa3ioa .a.s»ua.us � ' I c�s,.w�. I iiu�a+'iab'x.°`°` � �. � �fi Ca1o�SL iinQenaetc� �xce&'s4y 3 Palm �olf Clw� est Palm �e�cY�� rriSa :1 Commaewfi&ies I� I�� !���' � �i I . O I �-- l/� � e � � o---- 1 E 0 L! Q Q Q Q O � Q �� � f �� i � � � � � I I Barany �� Schmitt Summers - ----- _—�- ------_ _ �.�ge„� Weaver ANC PARTNEftS�INC. .--v;� wa�owmn D sm�� nums��Eieeormwrt:ere..� � m w�9 uCaueoa�on,su'��r nsss.3 � I Pna�o.^n�6e3atva c.a.suis...iav � �1°M I Cmzuumi. � � qv[ I � amiww � �nla �w pu J � dwersr � I � __� ---0 PrtpcL Golf Course Maentrenance �a�i0ity �Id PaYm G�oGf C9v� fAYest i°a0vm B�ach, PBorida �... -_ ._. YIfCI Commu�aeiti�s � I ---0 , - -------- � --- — lJ aN%+�'�� 01fi1 �� �" w _ � Pdeflected Ceiling Pfa�r A b � b b b b � b b i � Reflected Ceiiing Plan �a�Na�n-�} A1 $eale: 116' � 1'-0' . N<y i���� A-'I 31 � I TfueNOith I , ____ I , _I , fl— 5 i - � . j- , i , � I I I I a w�a u � I � Slab Sect6on �smm: uz° _ ,•-o_ c e A 0 � oRm� n �.• ��tmVn�m ��� m..-'�4`m �...s.. — `L— OFron4 Elevation 2 Scale:ll8" = t'-0' �."i� "m ��5°� O Typ. Enei Elevation 3 Seale: tl8^= 1'-0" I�llIJ11lILll ��� ,� .`" ORear Elevation ^ g�a:,,e-,,.-0- , � -- �-� - � � O VYail �ec'@ioe� 5 scaie: �irs-= r,u.. m�a a�m�•°n � i�ircJ � g� �I II LJ OWali SectBon Scale: 12' e �•-0" 0 �i O6o� ��u ,. i ------_ --- – : �: . .. . . . ;.i .. r---..–�---- . — –�--�� �.. i i - . . . . – .:�. �� .'�:. • -• i� i.. . . ,. . . � '� i i. � �».' ot�P°°�"��. i i - .. �.�.i i.: .',P r i ; �-;` � r,. .. i... : ... .'.,,. . �. . °.-i . `. n¢r wasH .. / :�_� i' rso �v sw j H–1 .. . ' ':' � ��Y���vS'---`� '� � ' L_~ 1. � . � � i ���/� � � ; , / ' �--�°"'T� ' : i � ` . . i 1 1 I I' I'. ' I �: ' . . . � I , � I .,r �' .. . . i . . . �1 I��:�` .. . _` � Z `. .J.�I I .... '. � � . -. : ... ' .,. .. '. . . . �. ,___.-____`_____-_ L_____—_____ �—J OF60�@' �6a6§ � s�ia:�ro•,r-o.. 5 � Barany �Schrrutt Summers Weaver � _n o anar eas, �NC. p sto�oymr .:e,x_'wa II I �i�r. Veh6cde �dasia �aei9i@y Old �a9m Wes4 B"alm Beae9s, Florida WCI Comorouni4'ses I � — ce.G,w�;,_.— �.nxwmv �ifi� ��ur FIOOr �@�/a A Wa01.��Ct60R3 E�alerior Elevatamns � j A-111 �- � o , , i I �"�. R• "m' � —_ -- =_ —_-- —1 ��� OFront Eleva4ioro ° s�a�a:,�a-=,•-0- �a: <;—� 1111� 1 ORear Elevation 5 ���:,�a-z,._o. C�"!.'�:'�°',.�`'"�' °'r-�,. ORight Elevateon xale: t/8" =1'A" .�•��. �; _ s �S — ._____- __— ' r aie:�re^.r-0- � _—_ 2 wzu.srmn� �J ���w_ �� _ ��� � �, ��`� i �"�"°' i I . � � i �� � � O�dl@ .��C��6i9 sc�ielin-=r�o^ � sy�-"`.`sc ; o � � � �� I I L__ �� I �--J � � — ��� � i / __._a- , r_________. �f� L_ _J � s • �.:: � �`"o �.-���� ,"--- I -- � ,�� , �arany �� '� �� I'� Schm�tt � ��� . Summers n �4 - — .___ -- __— __ e-- -- � �I Weaver I � Nn v -. in�r. � - - �.�,�.s�.,.,a .�, ,. 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V �}I `� J �i 1 FERiILIZER � � ���� _ '��l' � W C6 BUILDING I ' �.�r`��� d ��� � ' � �� J I � � ��r/� �. � �W1 �1 � � � y � � � � 0 � I �(`�';� _ - I `_ ,,� � � � '�'%� ` � ' T I..L � � ' � �� �' .� � _. � � — JDENC CTYJ.)E� S;EEL I ` \ _ _ } _ ` 0. � I - : :,#,;:,: _ . � ` .Iy � L . � ���, _ c. � � L i PROPOSED RELOCATED AND PROPOSED 6' CHAIN LINK FEN(� � NEW FLORIDA SLASH PINES N7TH COCOPLUM HEDGE (3' AT 11ME �,� � OF PLANTING / AIAINTAINED AT 6') _ (� � � PROPOSED RELOCATED AND � NEW SAW PAIAdETTO I p(ISiING SAW PALMETTO CLUMPS � m� � 10� TO 14' AVERAGE HdGHT O � I PROPOSED RELOCAiED AND �� U NEW SAW PALAqETTO o�� SECTION A-A - TYPICAL SECTION SCREENING I-9� COORIDOR (PART OF APPROVED PCD BUFFER SECTION F—F) SCALE 1"= 10'-0� s�ia: ,-=,da• y � ti ' � �, , z �� � SITE LIGHT DETAIL .,�� � ...� �'� '��.,._,..,,.,. � ���%% �� LJ � FIBERGLASS POLE MOUNTING DETAIL �0�� JORCL R CERVANT55, P6, ��Y wmo m� m+'m� me I en�e �� � . 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So •: tii t =�. � i e. .. v ,, i � . � ���, ., �z �. � �„ , ... � �., �,.a.-e_k� \ �`_,; , L � �� �. ;. � � a; �>," � �.. ti, i,. i� � �. � � � � . e .. � �. . u L i9 b� �� \\ �� u�r u 1: i u LS�� i. a� Y �� u e w � y M� % //"^� � ` ''as "u ya U U Le t+ iz i' �. a .~. �'u ie �,u / / � � � �\ L is ts u ia u L L 4,. a y . �e.� ia ka ir /// \ � �� j u i.� lu '�ue u ss L\� e p ."`.. // ,// / � \. � V F e: Sz�Sn L L i.i zs � / „ a n a. w u n Y/ � � / / / \\I\ �9 � � i<�L i��YS� e � y 6 / / / �, ��// / \\ � ��� u i. r ��. �. e 4�O' / :�� \ �� �. ;� ,. y Y y/�.. ; j�;/; %i/ \\, ,__ ° � ��� j \ �°� - \ -- �;;�;` ,/ _-�,v �. ; j/ ...� ��� � .,..� - ��� a�.ti..��. ,. � .,.,�� ,, .,o.n.,,,� .,.,,�a� „ �u� �, �, ., u ,; �.,r � „� � ,� .,.� m.,� ;. �. �. � .a �� �u � � ..., o K �. r.,. c, � �, � � _ ,% / i ��� °�Q,00-,..,,o-.. �.:�° °��,.a.,...,o_v CONCRETEµPOLE MOUNTING DETAIL ..r: «.�wE P�, �a, �� LJ � - -��--_— m CONCRETE POLE MOUNTING DETAIL x.,. ��.,�E P„ �ry JOFCe R C VANT£S, �r r�¢��mncm�n � 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 Constitution • �.obbyist Information D�SClaimer. The information on tf�is system is u�verfied, The joumals or prinbed bills of the respective chambers 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. Weicome • sl • Committees • Leglslators • Information Center • Statutes a�d Constitution • Lobbyist Information �isdaimer: Ttie information on this system is unverified. The joumals or p�inted bills of the respeclive thambers should be consu�ted for offi`iaai purposes. Copyright �200U-2002 State of Fbrida. Contact us. hrip://www.leg.state.fl.us/statutes/'mdex.cfm?App_rnode=Display_Statute&Seazch Striug°1 ll/19/2002 _.��.::�:<::::;�.:. - -- � - -- ------------------ � �- . . ---- -. . — ---- . _ ,:_.l�_. �_. : .. 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. - -- - -:.-- --- -.-:--: ; ---;.- -- - ----:;- ;. --:. :- ::: :.-: :. - --- ; ; -- : - -----;- -- :: -- - -:.-- -- --- -- --- -- --- -- ------ - - ----- -- - ---- - � --- ... . . . .. . . .. - ..• - - -- --- -- --- -- --- -- ------ - - --- -- - ------- -- . . . . . . . . ... .. - ----.;- -- -- - -- -- --:: :: - - - -- ; -; -- - ; - -; --: .::- -;.-- --- :- --: :-: - :.: - --- -; - -- --- ;--. -; -- - --- -- ;; - -; - - --- ;: - --- -.-- --- -: -;.- -; � -- -- - - - --- -- --- -- -- -- -- -- - -- -- - - --- - - ... . . .. . .. .. . .: - ; - -----:- -- ; --- :::: - -- --:. :- ; ---;.- -- - ----:;- --- -;- -.- ; --- - . -- - --: ;--- - .- -- ---- - : _ - : - - ��:u.��►.,:.:�=�:u=.��_� -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. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The joumals or printed bills of the respective chambers http:l/www.leg.state.fl.us/statutes/index.cfin?App mode=Display_Statute&Search String... 11/19/2002 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. Welcome • ession • Committees • Legislators • Information Center • Statutes and Constitution • Lobb�ist Information Disclaimer: The information on this system is unverified. The joumals or printed bills of the respective chambers should be consulted for official puryoses. Copyright p2000-2002 State of Florida. Contact us. http://www.leg.state.fl.us/statutes/index.cfm?App rnode=Display_Statute&Search Stri�g=1 ll/19l2002 ---------------- _ . ..�_ - . .. _ .. "'_'.._. . ._-�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. Welcome • e ion • Committees • Legislators • Information Center • Statutes and �onstitution • �bbyist Information Disclaimer: The information on tfiis system is unverified. The joumals or p�irned bills of the respective chambers http://www.leg.state.fl.us/statutes/index.cfrn?App mode=Display_Statute&Search String... 11/19/2002 = ������� �� �- . 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. Welcome • Sess+on • Committees • L,egislators • Info�mation Center • Statutes and Constitution • Lobbyist Information Disdaimer: The information on this system is unverified. The joumals or printed bills of the respective diambers should be consutted for offiaa! purposes. Copyright �200U-2002 State of Florida. Contact us. http:/1www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Search Strir�g=1 11119/2002 _ .. - - - --------------- . - � - - , ------ -. . . � ,�... . � — ----. . _..�.:- .��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. Welcome • s+on • Committees • Legi ators • Information �enter • Statutes and Constitutio� • �.obbyist Infarmation Disdaimer: The information on this system is unverified. The joumals or printed bilis of the respective chambers http://www.leg.state.flus/statutes/index.cfm?App_mode=Display_Statute&Search String-... 11/19/2002 Q�i��,� , ,�--.� . � ������ := - . View Statutes Search Statutes Select Year• �02 � '� Constitution laws of Florida Order 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. Welcome • si n• Committees •�eaislators • Information Center • Statutes and Constitution • Lobbyist Information Disdaimer: Trie information on this system is unverified. The journals or printed biils of the respective chambers should be consulted for official purposes. Copyright �2000-2Q02 State of F7orida. Contact us. hrip://www.leg.state.fl.usJstatutes/index.cfm?App_mode=Display_Statute&Search Strir�g=1 11L19/2002 _.. ----------------- --------- _.��.:;-�::,�;.<�.. 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. -- - ----:;- --- -- ;; -- -,-- ;-;:- --- - --: :::: - -.-- :-:.----- --.:- -- - - -------- : -- -- - -- ---.:----- ; -- - -- --:: : ---- ,-;;----- - -- - ;;.- ----- --- -- - ::.- ----- - -.;- -;- ; -.-- ;-;.----- --; --- --- -- -- - -- - -- - -- -- - --- ---- - --- - - -- -------- ----- - --- ... . . . . .. . . .. . . . -- ; -- - ; ; ------ - - --; , -- - - -; ; -- ;;, - - --: :. -- : ---- ;-;_-- -- - -;--; - - - ; -- =-------- ---- -,--- - -; -- - . - ; -- :-::---- ; -- ; - ;- -- - ; ---; ;.--- ; -;--; - ; -- ; -- -- - - ----- - - - - -- - --- -- - -- --- ----- - -- . . . . . . . . . . .. -;--; - --- --- --- ;- -- :. : -- ;-;_----- --:: : - -- ;_ - -- ----- - - --- --- - - ---- - - - -- -- --- --- ----------- --- . . . .. . . . . . .. . ; -- - ----_;- - - ---- ;_ - -- ---- ; - - -■-- ;-;- :- :: : --- -- -- - ----_;- --- ; -- : :::: -:.-- --;. - � - --- - - -- - - - - -- --• --- --------- - --- -- - . . ... . .. . . .. . --; -; ;. -- - ----;;- 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 f � ��,`��� � � ������ View Statutes Search Statutes Constitution t�ws of Florida Order 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. Welcome • ion • Committees • Legi ators • Information Center • Statutes and Constitution • �obbyist Information Disdaimer: The infortnation on this system is unverified. The jaumals or p�tnted bills of the respective chambers http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String-... 11/19/2002 ���A� ��r� � F � ����.1�� � , _ 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. Wefcome • es ion • Committees • Legislators • Informatio� Center • Statutes and Constitution • Lobbyist Information Dlsclaimer: The infortnation on this system is unverified. The joumals or p�inted bills of the respective chambers http:llwww.leg.sta.te.fl.us/statutes/index.cfm?App mode=Display_Statute&Seazch String-... 11/19/2002 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. Welcome • Session • Committees • L�gislators • Information Center • Statutes and �onstitution • LobbXist Information Olsdaimer: The infortnation on this system Is unverified. The joumals or p�inted bills of the respective chambers should be cbnsulted fo� off"i "c�al purposes. Copy�ight �2000-2002 State of Florida. Contact us. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=l 11/19/20Q2 _ . - - - -�----------- --------- . .. �:. �� - . . .. _. . . .. -..__.__.... . ._..t_:'-i:sw:2'. � r:.tG' ....- . . 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: - : -- . . . _.. _ . .. -- - -- -- --- ---- - - -- --- --- - --- -- --- -- .. . . . . ; --- ;-; :. --:. :- - ---- -:- : -- - -;.-- --- ;- ;:-- ; -- :.: - -- ---- -; - :.--- ; - ; ; ------ -- :- :- : ;: --: ;. -- - -- -- - -- - -- -- ----- - ---- - -- --- -- - ---- - .. . . . �. . . .. . . . .. : :::: -::: ------ --; --:. :-- --- :- -- ; ;, - �- --- - - - --- -- -- - - -- - -- --- - --- --- - . . . . .. . �. . . -- - -- ; ;. -; ----- -:- .- --- -;--- ; -- ----- -: - ; - - -; - - -; - - - ----- ------ -- -- - - -- - - - -- -- - � . . . . . - -- - - -- --- - -- -- -- - - -- - -- - - ... . .... . .. . . :--- - --- -- ------ -- - - --- -- ; --_; - -- - ;-- - ._ : -:. :- ------ -- - ; --- :- ; - ;;.- - -: :::. ----- - -- --- - - - ---- - - - -- -- - - --- -- - . . . .. . . . . - ----- -- --- -- - - - - - - -- - -- - ---- -- .. . . . . . . . .. . : - ::- -. - --- : -- :;-- - - - - ;.- ---- : -- ::. - - -: :::. ,�� --- - - ----- - --- . . . .. :- --- ;- - ::.--; -: --; --- ---- --- - --- - - -- --- --- - - - --- ------ -- . .. . .. . . .. . . -- - - -- -.; -- --- ;- - -- - - -; - -- - .; : : ----- --- :- - --, ; -- --;-; ;, - - ---- ; - - - :- _ ; ------ ; - -- : -----; --- -- :. - . -- - --; ; -----;-; -- ; --- ;- ; -.;--- :- : :: :: ::- ; - --- :- ; -.;--- ;- - � - ------ - - ----- --- -- --- - - - - -- - . ... . . . . .. .. . . . - --- ,: --;_ - - ;: - --; --- - --- :.---- - :_ - : : ::::: :- ;- -; --::--- - - -- -:_:- : ;--- - - -. - ;- - -- -.- - :: -- -- -- - - ------ ---- ---- --- - - - -- -- - . . . ... . .. --- --; ; :-- ; -- ---- -; -- - ; -- ; : :::--:: : ------ --; --: ---: ; ---- - - -- -.- - ;: -- - -.-- : :::--: : : ----- --- ;- --;-- -; ;. -- :.: - - : -; -- --- - -: ::. -- -- - - -- -. ::- -- --- :::-- - -- --- -. --; :- --- ; - --;-- ; -- : :::--: : : ----- -2- !�i r - - - - - - !w! �� - - - - - - rc�we�!w�!�!wr_�!4r�! _ . .:� :... . . :. . . . - - ---- -- ---- ---- - - ----- -- ----- -- �. . . . .. . . . - -- -;. ----- - : :: :: ::- - : - - -.;--- ;- . - - : :::--; --:. :- -- ;- -:: :. - ;- --- : . - : - : : . - -- - ; . : - : - - - - ; . - - . - - --- : ; -- -----;- - : -- ;�.- - -a :::. --- -:-- . - - :.: .-- -- -- --- - .; - � - --- � � - :.: .— ; ---- --- ;- ------- : ---- -- = = ----- =- :::: -- --:. :- - --; -- .: - ;- � -- -----;- -- ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � - . ... . .. . . . . . � -- ;_--:;- -- .: - ; ---- -----;- : -- ;:.- - -: :::• .: -; --- ;- -- - -; ;- -- ;- - - --; ;- ; -- ---- -; • - - ------ - --- --- ------ - -- -- - - -- --- - . . . . . . .. . . � .. • . ... � --- ------- ---- - -- • -- - --- ------- - -- . . . .. .. .. . : --- -- ; ;. ;-; -- - - � - �i=i� i�irw ���=i� ����• n Sec. �-8�3 18-1. City Council meetings. *** ��_�.� �:,.� � �.��, � �.:�. . . . . . . - --- -- -- - - -- - - - - --- - --- - - - - - ------ . .. . . . ... .. ---- -- - -- -- -- - - --- -- - -- - ---- � --- - -- .... . .. .. ... . . .. .. - ... . : : ----- -- - :-- -- -: :: -- - - .-:- -- --- ; -- - --- :- - -- --; -,-- ;- -: - - -;.-- ; - - - - - -- : --- -- - - :---- -- -.-- ; ; ----- -- :. :----; --: ::- -: : :.: ---; -- -:. -: : - --- ;- -- :. ; -- - -:.-- : --: - --; ; ; - : : ------ ---- -; ; -- -;.-- --- ::- - : :::--:: : ------ - -- - --- :. -: -- :- :: :- --- -- - --; ---;-, --: -:- --; --- ; :--. ;_ - -:. .-------- ;- - - : ; --- -- -- -- - ;--- i�r-_�ri�:�r._�i►:�:1��:i�UI��T.I��I��_I�1�►3�11\•��RII�I�r ��1�1�J��►l�1il�►:���ir.����•n� : - - Sec. �-8R5 18-2. Franchises. **� 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- 0 �,v. Cit of Palm Beach Gardens Y ��: �;Q� -. :�.-� -� � L��,'`'�- �'' �"-�-; �a s�' ��-�' . ,/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. � /g. � � ls►"�- � �'S • / J• 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 n� � � � O 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. ��• �%S� �� �-, 0 �e. �•' , ,. • 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. iziva�izooz i5:ss r�na 5bi sza suuz • . , � : � f �l l� �G'�' � /� 'Z• ����.. I ``�'SJ v �� �� ��Z � � - ��`5 �� � . / gS Al1KAJUL SAI.�S Cl'K. U�V�I. Facsirnile Transmittal To: Jae Russo IQOU1 � :;• .`';., ; ..;;:.. : �:. , : . <: .: : ..::���✓���.. r. ' ,... .. . :.. ...: .: ....:.. :. . 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 � � lr�SC� 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 ' Gl �h� f-�ohd� �la�s�c � 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 �u c�.tv�o 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 � ��� ti..�.�.,'�3�.. i+L.'1.1�...✓ /"'Mvi�ln.� rMir�nl vf.A 7Mlk Pvnn 0 � � � ! aCL�3S 'P� �.1T : � �� , + 'I� / cwn� � � �.'- '�� �.-.a � r''� --Ji _ .. . ..._ �,���� � � ��i � . j . . .. �.�..��. .......��.... � � t��J . • rf . .�.. .�� ..�a� J O � C � ;��, •�7 ,'. .' a�m .mf :s • � xf��IMJ ' ��� ._. � .��i ,u:(:, �x•.6. � . ' Y�V r �i.°M.a�w - � -� : ,..k � � � . ; � ; . ± : �6��� �b'. � ` , i +�....� — - i � ..,� ort� � ' '.'�as v. � y � .' � � r ?, i.."�,'r�. '; . � j �+ : s � ( > ��. � � r a'� R ' , s7 u m .�_ . ... . - , _ a S.l :' , . �uc....� 1 . . I -' A ' .� ��� ..:.�.�':�... � �Q ,.,� .G�, .G�,. � �. Y. � ie n r..�.. 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C � � - i:. `�\; �� � . f � O S � � � / .''�-� '�"-� � i°° :es.r • � IqOC� � � �1 � // �/�, !�iY.s fi1.q1 �1 : � 1� ' ' / • � O : 7, \...� � ..� I !7 � 1 / � r ` � �� Y �� � ; r-- �- ' ---_- --- _._._._ _- ---= � - - . -------- J �� � > i, ��- .�. :s....e i � 4%. _ __ .��� _ _ .. - •A .�ar+a�ar ..�- � ' �c+w��t f� N M �F �a0 � W 6 .� � u�it u .0 -I � ' ' '_ /_ {, � _�.__..__ -----.._ _....�.,_,. ..:" -- - -'•-- -_••-_- - , �y � oG 2QILiv�i7 �r . � o D i _' '�' a � _ . �Z�t - N � ' �. �. _ ._.—� �-� �e-;_.���r�s- �O R�aPK � _ . �w.�_�� .. .a..r. �z��.-+ _ . _ _ _ _ _ uE - - -�, ---- � � � � V "• � • � � �',�� �yCi STI� G "i��� � ,. � C� � 7�1w1Ap nw� ►�wPO O�T� «mJ:'vi � r:.� �ywp•��}yy�q Yuti V.l QK T RAl LJ p��1r ��II�pIr r 1�4� 1�tY � i11�� � � � mL I,t[I �[Mf0 � Tm ,@st fm ilO�m Y M) �yy yI h�K �� � I Y � /� Y �s..�o � � � srun.e� .�.n •ie �� �°� ��r t �� b� �,, . �, pl�� i A �- -- - -'�� - `t�- - »�s � � �� � GEE & JENSON ��� <..... � GN Me� uut�4+ P3 wn s N � C ,a � � � � � � � � � �� Ptea�� pr�n+ Nam� Addr 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. , �