HomeMy WebLinkAboutAgenda Council Agenda 070501•
City of Palm Beach wardens
Council Agenda
July s, 2001
C
.Mayor Russo
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Vice Mayor Jablin
Council Member Clark
Council Member Furtado
Council Member Sabatello
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All those wishing to address the City Council need to complete the necessary form
located by the entrance to the Council Chambers and submit it to the City Clerk prior
to the meeting being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
July 5, 2001
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ANNOUNCEMENTS:
IV. PRESENTATIONS:
a. Senator Ken Pruitt
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
VI. CITY MANAGER REPORT:
a. Consultant Services for Stormwater Management.
VII. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please
submit request form to the City Clerk prior to this Item
VIII. CONSENT AGENDA:
a. Consideration of approving Minutes from the June 6, 2001 Regular City
Council Meeting.
b. Resolution 110, 2001 — Amending Investment Policy. Consideration of
approving an amended investment policy.
C. Resolution 113, 2001 — Agreement for Disaster Recovery. Consideration
of awarding a "piggyback" contract for disaster recovery services to
Grubbs Construction Company.
d. Resolution 114, 2001 — Changing Dates for Regular City. Council
Meetings in September. Consideration of changing the regularly
scheduled meeting dates for the month of September.
e. Resolution 115, 2001 — Financial Assistance Agreement with Palm Beach
County for the Burns Road improvements. Consideration of executing a
Financial Assistance Agreement with Palm Beach County relating to the
urns Road improvements.
f. Resolution 117, 2001 — Florida Intergovernmental Finance Commission.
Consideration of amending Resolution 14, 2001 to designating the City
Manager as the City of Palm Beach Gardens' representative on the Board
of Directors of the Florida Intergovernmental Finance Commission.
IX. PUBLIC HEARINGS:
a Ordinance 19, 2001 - Parcel 34.01 Congress Plaza West Land Use Change
(First Reading). Consideration of amending the Comprehensive Plan of
the City of Palm Beach Gardens by changing the Land -Use Designation
on approximately five acres of land located at the southwest corner of
Northlake Boulevard and Congress . Avenue, from Industrial to
Commercial; providing for transmittal to the Department of Community
Affairs; providing for severability; providing for conflicts; and providing
for an effective date. (Continued from June 21, 2001 Regular City
Council Meeting)
b. Ordinance 20, 2001 - Parcels 31.08 and 31.11 Land Use Plan Amendment
(First Reading). Consideration of amending the Comprehensive Plan of
the City of Palm Beach Gardens by changing the Land -Use Designation
for parcels known as 31.08 and 31.11, totaling approximately 80.5 acres,
located at the northeast and northwest corners of Central Boulevard and I-
95, from Mixed Use to Residential High; providing for transmittal to the
Department of Community Affairs; providing for severability; providing
for conflicts; and providing for an effective date. (Continued from June
21, 2001 Regular City Council Meeting)
C. Ordinance 21, 2001 - Spalding 27 —acre Golf Facility — PDA/RR -10 to
PUD /M -1 (First Reading). Consideration of- amending the
Comprehensive Plan of the City of Palm Beach Gardens by changing the
Land -Use Designation on approximately 27.5 acres of land, located along
Beeline Highway, from Rural Residential -10 to Golf and amending the
Golf Land -Use Designation to allow for golf testing facilities and other
golf related uses with up to 15,000 square feet of building area; providing
for transmittal to the Department of Community Affairs; providing for
severability; providing for conflicts; and providing for an effective date.
(Continued from June 21, 2001 Regular City Council Meeting)
d. Ordinance 22, 2001 - Parcel 4.10 Future Land Use Plan Amendment — 13
acres, MXD to C (First Reading). Consideration of amending the
Comprehensive Plan of the City of Palm Beach Gardens by changing the
Land -Use Designation on approximately 13.5 acres of land, located at the
southwest corner of Donald Ross Road and Central Boulevard, from
Mixed Use to Commercial; providing for transmittal to the Department of
Community Affairs; providing for severability; providing for conflicts;
and providing for an effective date. ((Continued from June 21, 2001
Regular City Council Meeting)
e. Ordinance 23, 2001 - Parcel 31.01 Text Amendments (First Reading).
Consideration of amending the Comprehensive Plan of the City of Palm
Beach Gardens by deleting Roadways #18 and #12 from the Conceptual
Thoroughfare Plan and a parkway link from the Conceptual Linkage Plan
that traverses through Parcel 31.01 located at the northwest corner of PGA
Boulevard and Central Boulevard; providing for severability; providing
for conflicts; and providing for an effective date. (Continued from June
21, 2001 Regular City Council Meeting)
f. Ordinance 24, 2001 - Conceptual Thoroughfare Plan Amendment at Parcel
4.06 (First Reading). Consideration of amending the Comprehensive Plan
of the City of Palm Beach Gardens by deleting Roadway #15 and #12
from the Conceptual Thoroughfare Plan between Alternate AIA and
Military Trail; providing for severability; providing for conflicts; and
providing for an effective date. (Continued from June 21, 2001 Regular
City Council Meeting)
X. RESOLUTIONS:
a. Resolution 67, 2001 — Church in Gardens Temporary Modular Classroom.
Consideration of approving a site plan and a temporary conditional use for
the placement and use of a modular classroom unit at the Church in the
Gardens; providing for conditions of approval.
b. Resolution 104, 2001 - Crossroads at Northlake Site Plan. Consideration
of approving an application from Massachusetts Mutual Life Insurance
Company for an amendment to the- "Crossroads at Northlake" Shopping
Center, located at the southeast corner of Interstate 95 and Northlake
Boulevard, to allow for a 29,208 square foot increase of retail space to the
existing shopping center, to allow for modifications to the parking lot, to
allow for an additional entrance from Northlake Boulevard, and to allow
for fagade renovations on a 21.09 acre portion of the "Crossroads at
Northlake" Shopping Center as more particularly described in exhibit "A"
attached hereto; providing for conditions of approval.
C. Resolution 107, 2001 - Fee Schedule for EMS Transport. Consideration
of amending the fee schedule for Emergency Medical Services (EMS)
Transport as adopted by Resolution 125, 1994.
d. Resolution 108, 2001 - Beautification and Environmental Committee
Appointments. Consideration of appointing three (3) members and
reappointing one (1) member to the Beautification and Environmental
Committee.
e. Resolution 111, 2001 — Proposed Maximum Millage Rate. Consideration
of adopting a proposed maximum millage rate for the City of Palm Beach
Gardens for fiscal year 2001/2002; setting the date, time and place of the
first budget hearing; providing for severability; providing for conflicts;
and providing for an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION:
a. July 19, 2001 Regular City Council Meeting.
XIII. ITEMS FOR DISCUSSION:
a. Legal Nonconformities. Discussion of Non - Conforming Use Language in the
City Land Development Regulations and Comprehensive Plan.
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 participate 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 (VOICE), 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 the testimony and
evidence upon which the appeal is to be based.
0 IV. PRESENTATIONS:
a. Senator Ken Pruitt
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum ,
Date: 06/26/01
Meeting Date: 07/05101
Subject/Agenda Item:
Consultant services for a storm water management master plan.
RecommendationlMotion:
Consider a motion to authorize the City Manager to proceed with the engineering firm of
Lindahl, Browning, Ferrari and Heilstrom, Inc. (LBFH), to prepare a storm water
management master plan, in accordance with Resolution 87, 2000 and the current
agreement with LBFH.
Reviewed by: Originating Dept: I costs: $ I Council Action:
City Manager
City Attomey
Finance Director KM
Advertised:
Date:
Other
Paper.
Submitted by: [ X J Not Required
(Total)
Current FY
Funding Source:
[ j Operating
[ J Other
Department Director Affected parties Budget Acct #:
Appro by: J Notified
City Man ger [ X ] Not required
BACKGROUND: See attached Memorandum and Scope of Services.
j J Approved
[ ] Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Memorandum
Resolution 87, 2000
I [ ] None
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: June 26, 2001
FROM: Ron Ferris, City Manage
SUBJECT: Consultant Services for Storm Water Management Master Plan
Background
As directed by Council, staff has prepared a recommendation to proceed with a
consultant to propose a master plan for storm water management improvements,
including canal restoration, swale restoration and related capital projects. Council was
provided this information by memorandum dated June 12, 2001. Since that time, staff
has been provided with the attached revised Scope of Services.
Discussion and Recommendation
Over the years as the City's engineering consultant, Lindahl, Browning, Ferrari and
Hellstrom, Inc, (LBFH) has conducted an extensive amount of research and compiled
vital information on drainage systems within the City. As shown in the attached reports,
there have been several independent reviews to evaluate the means and methods for canal
cleaning and restoration plans provided by LBFH to the City. Each independent
engineer's review seemed to reinforce rather than change the improvement methods
planned by LBFH, and cost the City additional resources and staff time to provide the
engineer with preliminary information.
The City has invested a significant level of time and resources to build a positive
relationship with LBFH. In addition, LBFH has collected an extensive amount of
- research and data on this matter. Therefore, I recommend that the Council authorize
LBFH to prepare the storm water management plan according to the attached revised
Scope of Services. While LBFH has developed a historical base of information in terms
of the problems with the City's drainage systems, up to this point the City has not
requested LBFH to produce a formal plan with recommended solutions in the form of a
comprehensive and defensible document. As outlined in the attached revised Scope of
Services, LBFH would expand upon current information by conducting limited field
investigations to verify drainage routes, flow directions and control structures where
current information is deficient. In addition, with the assistance of the City's GIS
Manager, LBFH would provide graphics including a map of the known basins, water
control, structures and flow directions. This map will illustrate the relationship between
Northern Palm Beach County Improvement District systems and the City's systems. In
the final phase of the project, LBFH would make a formal presentation and provide a
prioritized approach to canal maintenance and restoration.
As an alternative, staff could conduct a formal bid process to obtain a consultant.
However, this would require a longer period of time to develop specifications, write the
bid, advertise, obtain and organize the bids, and ultimately select the consultant. As
demonstrated in the past, this would also cost more money and time during the -initial
phase of the project to conduct the necessary research. LBFH would be able to provide
an invaluable sense of continuity to this process due to their well - established base of
knowledge and information about our drainage systems. Another consultant would
inevitably be forced to face and overcome the same obstacles already achieved by LBFH.
To re- create the institutional history with a consultant other than LBFH would increase
the amount of time and expense to complete the project.
Conclusion
For the above reasons, I recommend moving forward with LBFH as the consultant.
Based on the City's continuing contract with LBFH, there is no requirement to proceed
with the formal bid process and issue a request for qualifications (RFQ). I am confident
that LBFH can provide the master plan needed by the City within budget and on time
according to the attached revised Scope of Services. The total estimated time for LBFH
to complete the plan is ten (10) weeks at a cost of $46,008. Please note that the Scope of
Services does not factor in the research and analysis of retention and detention ponds, as
staff was not directed to include them in the plan. To conduct such research would
increase the cost of the plan significantly in terms of money and time for completion. To
invest additional resources on the issue is not recommended in light of the limited funds
available and without any direct benefit to the City in terms of the goal of this project.
There is no money currently budgeted or available for this project in this fiscal year. An
option could be to fund the study in the upcoming 2001/2002 budget, since staff has been
directed to include a proposal of $1.9 million dollars for canals and swale maintenance.
Rather than spending additional dollars for a study, another option could be to direct
Public Works staff and the current Engineers to work together and develop a prioritized
approach to canal maintenance and restoration according to the information and issues
that have already been identified. The direction would be for both Public Works and the
Engineers to collaborate and produce a plan. This would cost significantly less than the
proposed $46,008. As a final step in the process, staff could present this master plan for
Council adoption by resolution.
Should you have any questions, please advise.
RMF /sls
Attachments
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.0 Exhibit A
Scope of Services ,
Storm Water Management Plan
City of Palm Beach Gardens
Phase S — Preliminary Investigation (Data Collection)
Engineer will compile all existing available information on drainage basins within the
City limits, including Northern Palm Beach County Improvement District systems and
City - maintained systems. Permit file review and limited field investigations will be
conducted as needed to verify drainage routes and flow directions, and control structure.
locations in areas where current information is lacking. Engineer will work with Public
Works staff on the status of the canal restoration program and swale restoration work.
Engineer will identify current and planned capital improvement projects.
Time and Expense Estimate: $5,000
Phase I — Reports/Exhibits
Existing Storm Water Management Facilities:
Engineer will prepare an Engineering Report on the condition of the City's existing storm
water management facilities. The Engineering Report will include a discussion of the
major drainage basins and hydrology of the basins. A tabulation of all City control
structures and operable gates, by basin, will be provided. A general discussion of the
existing storm water management system and responsibilities for operation of the
primary, secondary, and tertiary systems will be included. The hydraulic functions of the
canal conveyance system operated and maintained by the City will be described, along
with the importance of the canal cleaning and restoration program. In addition, a
discussion of the surface water management criteria and differences in designs of older
developments (pre -1974) versus new development within the City will be included.
Proposed Storm Water Management Facilities:
The Engineer will prepare a report of a proposed plan for storm water management
improvements, including canal restoration, swale restoration, and other capital
improvement projects. The report will include a prioritization of the work, a
recommended schedule for completion, and a preliminary cost estimate. A discussion of
the proposed radio telemetry system for monitoring water levels at critical locations
within the City's system will be provided. In addition, a discussion of the potential
impacts to the City's system as a result of improper operation of the SFWMD's S -44
structure on the C -17 Canal, and the efforts made to prevent operational problems from
occurring, will be provided.
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Phase P — GIS/Mapping Services
Time and Expense Estimate: $27,500
The Engineer will, with the assistance of the City's GIS Manager, prepare multiple GIS
graphics of the basins, control structures, jurisdictions, priorities for improvements al:d
costs, and locations proposed for radio telemetry monitoring. Several graphics A7ma"f
the City will be prepared including a map of the Citv, with all known water control
structures and flow directions :•ri'l'l bc provided. No field verification is anticipated as
part of this task.
Time and Expense Estimate: $4,200
Phase E — Council Meeting Presentation
The Engineer will prepare a draft PowerPoint presentation including Exhibits Board's for
review by the Public Works Director. The presentation will focus on the means and
methods used to develop the plan, the defensibility of the plan and a discussion of the top
5 priorities determined within the plan for the City. After incorporation of comments, the
Engineer will present the proposed presentation to thr City staff to solicit comments and
get feedback. With staff s approval, the Engineer will present the storm water plan to the
City Council.
Time and Expense Estimate: $5900
Reimbursables (Direct Expenses such as, blueprints, photocopies, mileage, etc.)
PA01- 4204\SOW PBG SWMP.doc
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Expense Estimate: $3,408
Total Time and Expense Estimate: $46,008
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RESOLUTION 87, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF' AN
AGREEMENT FOR ENGINEERING SERVICES WITH THE FIRM OF
LINDAHL, BROWNING, FERRARI AND HELLSTROM, INC. FOR THE
FISCAL YEAR COMMENCING OCTOBER 1, 2000 AND ENDING
SEPTEMBER 30,2001; AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens desires to employ an engineering firm
to provide engineering services on behalf of the City; and
WHEREAS, the City Manager has negotiated an agreement with the engineering
firm of Lindahl, Browning, Ferrari and Hellstom, Inc. to perform such services as may be
directed by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
Section 1. The City Council hereby approves an agreement for engineering
services for the firm of Lindahl, Browning, Ferrari and Hellstrom, Inc. for the fiscal year
commencing October 1, 2000 and ending September 30, 2001. A copy of said agreement
is attached hereto as Exhibit °A° and incorporated herein by this reference.
Section 2. The City Council hereby authorizes the Mayor and City Clerk to
execute the agreement on behalf of the City.
Section 3. This Resolution shall become effective immediately upon adoption.
RESOLVED AND ADOPTED THIS S 41 DAY OF 000.
03JR (SEtPH R. RUSSO
ATTESTED BY:
CITY CLERK
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PROVED AS TO FORM AND
GAL SUFFICIENCY: n
CITY ATTORNEY
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VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN ✓
COUNCILMAN SABATELLO ✓
COUNCILWOMAN FURTADO ✓
COUNCILMAN CLARK
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IPA
FA
C7
AGREEMENT FOR PROFESSIONAL
ENGINEERING AND SURVEYING SERVICES BETWEEN
THE CITY OF PALM BEACH GARDENS AND _
LBFH, INC.
THIS AGREEMENT is made this 511-4aQ o�-t- 6 -a—, 2000 between the City of Palm
Beach Gardens, Florida (hereinafter calle e CITY) and LBFH, Inc. (LBFH)
(hereinafter called the ENGINEER), a corporation licensed by the Department of
Business and Professional Regulations to practice professional engineering in the State of
Florida.
SECTION 1— SCOPE
A.
ENGINEER shall perform professional engineering services and render
consultation to the CITY consistent with the CITY'S Mission Statement, Goals
and Objectives for the Engineering Department (a copy of which is attached
hereto and incorporated herein).
B.
ENGINEER shall make its services available to the CITY in a manner satisfactory
to the City Manager and City Council including in -house hours agreed upon
between the City Manager and the ENGINEER.
C.
ENGINEER will represent the CITY in engineering matters, as directed by the
City Manager.
D.
ENGINEER shall attend regular, special or workshop meetings of the City
Council and meetings of the CITY advisory Boards as directed by the City
Manager.
E.
ENGINEER shall make such technical investigations as the City Manager deems
necessary and submit its findings and recommendations to the City Manager.
F.
ENGINEER shall, as requested by the City Manager, review land development
applications submitted to the CITY for compliance and consistency with
applicable codes and make such recommendations as are necessary regarding
engineering, surveying and other technical matters.
G.
ENGINEER shall, as directed by the City Manager, review the construction of
capital improvements and site improvements by persons or entities other than the
CITY.
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H. ENGINEER shall perform professional engineering services for design,
preparation of construction plans and specifications, permitting, bidding and
services during construction for capital improvements undertaken by the CITY.
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I. ENGINEER shall assist CITY in dealing with issues of regulatory / permitting
compliance, including occurrences of hazardous waste and pollution of natural
resources within the CITY'S jurisdiction.
J. ENGINER shall provide support services to the CITY for surveying and mapping,
including Geographic Information Systems (GIS).
SECTION 2 — TERM: TERMINATION
This Agreement shall become effective on the date of the execution of this Agreement
and continue through September 30, 2001; provided however, that either party may
terminate this Agreement at any time, with or without cause, upon sixty (60) days
advance written notice to the other party. ENGINEER shall be paid for performance of
services rendered to the CITY in accordance wit this AGREEMENT through the date of
termination.
SECTION 3 — COMPENSATION
A. - CITY shall pay ENGINEER for services rendered under this contract on an
hourly basis at a rate not to exceed $130.00 per hour.
B. CITY shall compensate ENGINEER for reimbursable expenses including but not
limited to printing, photocopies, long distance and cellular telephone calls,
facsimile, blueprints, computer utilization, courier services, out of County travel,
and outside contractual services.
C. ENGINEER shall submit invoices to the CITY on a monthly basis and CITY shall
pay ENGINEER monthly.
SECTION 4 — GENERAL CONSIDERATIONS
A. At the request of the CITY, ENGINEER shall supply copies of ENGINEER'S
original documents prepared pursuant to this agreement.
B. ENGINEER cannot and does not guarantee that proposals, bids, or actual project
costs will not vary from ENGINEER'S judgment and opinion of possible costs.
C. For the term of this agreement, ENGINEER shall carry Professional Liability
Insurance in the amount of One Million Dollars ($1,000,000.00). Evidence of
said insurance shall be supplied to the CITY.
SECTION 5 — IN -HOUSE SUPPORT
A. Engineer shall work with the City Council, City Manager and Growth
Management Director at formulating and implementing a plan to provide "in-
house" engineering to the Growth Management Department. However, the
ENGINEER shall continue to provide oversight and support to the in -house
engineer and the Growth Management Department.
B. Effective immediately, and until such time as services are no longer necessary,
ENGINEER shall provide a minimum, one (1) engineering consultant to perform
services on -site at the City for a minimum of 24 hours / week; with schedules and
locations to be agreed to by Growth Management Director.
CITY shall provide adequate work facilities to enable the consultant to perform
his / her duties.
SECTION 6 — AMENDMENTS
A. This Agreement shall only be amended in writing upon execution by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
set forth above.
THE CITY OF PALM BEACH GARDENS
v
s 2R JOSEPH R. RUSSO
ATTEST:
CAROL GOLD, CITY CLERK
_ pa-1
1**ojecU%79-00S0Vtgr«ment for Prof 6S SuviceadM
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LBFH, Inc.
LENNART E. LINDAHL
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OCONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
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CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING
GIS
"Partners for Results
Value by Design"
0 0 Palm Beach Lakes Blvd.
Suite 600
West Palm Beach, FL 33409
(561) 684 -3375
Fax: (561) 689 -8531
www.lbfh.com
May 29, 2001
Mr. Ron Ferns
City of Palm Beach Gardens
10500 No. Military Trail
Palm Beach Gardens, FL 33410
Subject. • Independent Engineering Reviews
Dear Mr. Ferns:
As requested, here is a small amount of history to some of the independent
reviews conducted by the City in the past few years. With regard to canal
cleaning, the following events are pertinent:
• When the canal cleaning efforts began for the Thompson and Eatmen
Rivers several homeowners got very upset with staff. Threats of
physical violence were made to Mr. Lindahl and Mr. Patty.
0 A couple of the residents living along the canal challenged the need to
establish benches (working platforms) adjacent to the canal and the
methods for cleaning the canal. LBFH provided justification for the
means and methods selected to clean and re- establish the primary
stormwater conveyance system for the City.
• The City Manager at the time requested an independent engineering
firm evaluate the means and methods being used by Public Works to
clean the canals. The independent engineer's recommendations were
to continue as we were; that no additional methods or any change in
our means would improve what we were planning to do. This effort
was part of $21,204.73 the independent engineer (Niiiier Engineering,
Inc.) charged the City. Additional staff time was expended to educate
the independent engineer.
• An expert on canal dredging from Houston Texas (and an equipment
vendor for dredges) came to the City and met with the City Engineer,
residents, and Council Members (Jablin and Sabatello). After
inspecting the canals and potential sites to store the dredged material,
the expert determined that dredging in this circumstance was not a
viable way to clean the canals. His recommendation was to continue
as we were. This required approximately $2,240 of engineering staff
time and additional staff time from Public Works.
WE 0 fi =
331330 SANUVW A110
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Mr. Ron Ferris
May 29, 2001
Page 2 of 3
• In an effort to stop the canal cleaning and restoration activities, at
least one resident contacted South Florida Water Management
District (SFVWMD), the Florida Department of Environmental
Protection (DEP), and/or the US Army Corp of Engineers (USACE)
and suggested we were violating permit criteria or were doing work
without permits. In all cases, we had permits necessary and were
found to be performing work consistent with our permits. While an
exact accounting of the time necessary to respond to these allegations
is unavailable, several thousand dollars were spent responding to the
various allegations.
Engineering and Public Works staff expended considerable extra
effort as well as the money spent on outside independent engineering
consultants with a result of "no change" in the City Engineer's and
Public Works original plan.
The City also contracted for an independent review of the hydraulic analysis
and recommended drainage solution for Unit 19. Here are a few bullets on
this subject:
Unit 19 is a Northern Palm Beach County Improvement District
( NPBCID) Unit of Development. It incorporates areas south of PGA
Boulevard including Legacy Place and all the property around the
Mall. When several parcels came to the City for site plan approval,
the City Engineer asked NPBCID if they would re- analyze the
drainage to address some known problems, and that the new
developments include alterations that would fix those known
problems within the Unit.
a As the modeling and the permit modifications were being completed,
mee-Ings ::sere held regularly with the development community's
engineers, the City engineering staff and NPBCID staff. It was noted
that at least six different engineering entities had significant input to
the modeling work and maybe as many as 15 engineers had reviewed
the model results.
Council called for an independent review of the modeling work and
of the proposed improvements to the Unit. Because of the number of
firms involved with the model review to that date, an independent
firm was selected to select the larger independent national firm to do
the review. This effort was part of the $21,204.73 Miller
Engineering, Inc. was paid to provide independent review.
P: 79- 005OVems on checkstdoc
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Mr. Ron Ferris
May 29, 2001
Page 3 of 3
• CH2M -1-Iill was selected and awarded a contract for $9,982 and an
additional $2,665 (total $12,647) by the Growth Management
Director to provide for their independent review of the Unit 19
proposed improvements. CH2M -Hill made no recommendations for
changes to the proposed drainage improvements for Unit 19. They
did suggest additional review during the construction plan review.
CH2M -Hill did suggest that a portion of the tree preserve may be at
risk during extreme rainfall events. An issue confirmed by the City
Forrester.
• During Mr. Miller's review and during the CH2M -Hill review we
were directed to not get involved. At the time CH2M -Hill made their
presentation to Council, we were asked to review their work and
make final recommendations. Since we worked with NPBCID on
and were comfortable with the original proposed changes and since
there were no suggested changes by CH2M -11ill, we made no final
review.
Should you have any additional questions, please call. I hope this serves to
provide you with a better understanding of the history of reviews within the
City.
Very truly yours,
Daniel P. Clark, P. E.
City Engineer, City of Palm Beach Gardens
cc: Mr. Hoyt Owens, Public Works
P: \79- 00504erris on checkst.doc
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Miller Engineering
Engineering and Environmental Services
12773 W. Forest Hill Blvd., Suite 200
Wellington, FL 33414
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens FL 33410
4
tNVOICE�
August 1, 2000
Project No: 20218.02
Invoice No: 0000191
Project: 20218.02 PBG -UNIT 2 CONSULT SELECTION
Professional services to assist City with selection of Consultant for Unit 2 review, and additional services to
coordinate services for Unit 19 drainage review.
Professional Services: July 9, 2000 throuqh July 29, 2000
Professional Personnel
Hours Rate Amount
Project Manager
Miller, Glen 15.00 155.00 2,325.00
Totals 15.00
Total Labor
Unit Billing
Reproductions - 8x11
Total Units
2,325.00
2,325.00
30.00 Copies @ 0.15 4.50
4.50 4.50
Billing Limits Current Prior To -date
Total Billings 2,329.50 0.00 2,329.50
Limit 5,000.00
Remaining 2,670.50
/ Total this invoice $2,329.50
Gl�n A. Miller, P.E. Project Manager
Thank you for your business. If you have any questions about this invoice, please call us.
APPROVED FOR PAYMENT
REF. #. _.P.O. # _
Payment is due upon receipt. Thank you. ACCT. # AMT. #
o� -i y�v sus- s ism
RETURN CHECK TO DEPART ENT
DESCRIPTION
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MILLER ENGINEERING * tv N44eX
AGREEMENT FOR PROFESSIONAL SERVICES co o.x u
GWne CITY Of PALM GEACH GARDENS . X.C)OLY ° ip9- y r/
Addmaa: PALM BEACH GARDENS. FLORIDA
Dab: 071051000
R4 d. .im k - AGREEIAENT b.tw.aa M CWr.I m.W 0 OA Maw. kb, &We Mawr lnpinawov tai•
Ths tY(wa bkr.W b pawed wtlh M L+rad•••r b Paid. -Pacific P^•wakrld V wdm an M Ctwrd S Piy.d
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and M WMnrMd= aenka by Ca.daa ed bm tw*, Td. S.MOa ov emd by aW AGRE AAENT vA to pabmkd k
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ENGINEER SFWl DETEpmNE AND REVIEW THE PE ORMAIJCE OF iT1E GIT1fS GAIN AL DREDGING
PROGRAM. ENGINEER SHALL ASSESS CURRENT PERFORMANCE AND RECOMMEND IMPROVEMENT$ IN
THE PROGRAM. THE EMPHASIS OF THE REVIEW WILL BE ON SCHEDULE OF WORK ACCOMPLISHED VS
PLAN. ENGINEER SHALL PREPARE WRITTEN LETTER REPORT OF FINDINGS AND RECOMMENDATIONS.
Tames and Ca clloww
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eoope d 1avlo" yedwd In aW AGREEMENT.
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• MILLER ENGINEERING
12773 W. Forest- Hill Blvd., Suite 200
Wellington, FL 33414
(561)793 -5656
FAX (561)793-0089
TO dl "� h-
WE ARE SENDING YOU
❑ Shop drawings
❑ Copy of letter
LETTER OF TRANSMITTAL
DATE -7 JOB NMI"
ATTENTION
RE f'
Attached ❑ Under separate cover
❑ Prints ❑ Plans
❑ Change order ❑ Other
The following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
2
/�-� ✓ v/
THESE ARE TRANSMITTED as checked below:
• For approval
❑ For your use
• As requested
• For review and comment
• FOR BIDS DUE
RE . RKS
• No Exceptions Noted
• Make Corrections Noted
• Returned for corrections
• Other
19
Resubmit Copies for approval
Submit copies for distribution
❑ Return Corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
tel:,7 L4 e- %
7 k
Sit -
1000PY TO
=-� SIGNED: -
K enclosures are not as noted, Madly notify us at once. Thank you.
MILLER ENGINEERING
AGREEMENT FOR PROFESSIONAL SERVICES
Client: CITY OF PALM BEACH GARDENS
Address: PALM BEACH GARDENS, FLORIDA
Date: 07105/2000
This document is an AGREEMENT between the Client named above and G.A. Miller, Inc. d /b /a Miller Engineering (the
Engineer).
The Client intends to contract with the Engineer to provide specific professional engineering services on the Client `s Project
hereby designated as the following:
Project: REVIEW CANAL DREDGING PROGRAM
The Client and the Engineer hereby agree to the provision of professional engineering services by the Engineer on the Project
and the payment of those services by Client as set forth herein. The Services covered by this AGREEMENT will be performed in
accordance with the provisions included herein and any other referenced attachments or schedules.
Scope of Work:
The Engineer hereby agrees to perform the scope of work specified in this section. Services to be performed are limited to those
services specified herein.
-......................................................... ---•-----......................................---...............----..--._......------................... ......--- ......................
ENGINEER SHALL DETERMINE AND REVIEW THE PERFORMANCE OF THE CITY'S CANAL DREDGING
PROGRAM. ENGINEER SHALL ASSESS CURRENT PERFORMANCE AND RECOMMEND IMPROVEMENTS IN
THE PROGRAM. THE EMPHASIS OF THE REVIEW WILL BE ON SCHEDULE OF WORK ACCOMPLISHED VS
PLAN. ENGINEER SHALL PREPARE WRITTEN LETTER REPORT OF FINDINGS AND RECOMMENDATIONS.
Terms and Conditions:
This AGREEMENT shall be performed in accordance with the provisions included and the attached TERMS and CONDITIONS
incorporated herein by reference.
Schedule:
The scope of services is estimated to take about 3 weeks to complete.
The Engineer will provide a best effort to complete all services within this time frame. However, the Engineer is not responsible
for consequential damages of any kind resulting from failing to complete the services within this estimated time frame. Failure to
complete within the above estimated completion timeframe shall not affect Payment in any way.
Payment:
The Client hereby agrees to pay the Engineer for providing the Services specified hereinbefore as checked below:
❑ Lump -sum payment in the amount of :
® Time and Expense billing with a "not to exceed" amount of: $7,500.00
If 'Lump-sum payment is checked that lump -sum amount shall provide the proper and entire compensation for completion of the
scope of services specified in this AGREEMENT.
If "Time and Expense" payment is checked, the Engineer's payment shall be based on direct labor hours and expenses invoiced
to the Client in accordance to the attached Billing Rate Schedule.
The Client shall pay the following specified retainer fee to the Engineer upon execution of this Agreement. Services shall not commence until
the Engineer is in receipt of the Retainer amount. The retainer fee will be credited to payments made.
Retainer amount: Make checks payable to "Miller Engineering"
In WITNESS WHEREOF, the parties hereto have executed this Agreement to be effec' a as of the date first above written.
A-W4 G.A. Miller, Inc.
By.,
_ Title: President
F:\ Clicnts \PalmBeachGardcns\Agrecment -canal pmgram.doc
JUN -26 -2000 17:01
CITY OF PALM BEACH GARDENS
REQUEST FOR QUALIFICATIONS
P.02
EiNGMERING EVALUATION OF UNIT 19 IMPROVEMENT PLAN
PURPOSE
(S
The City of Palm Beach Gardens (the "City') 10500 N. Military Trail Palm Beach Gardens, Florida 33410 toiW
- seieat -a professional engineering consultant to conduct a review of the Unit 19 Improvement Plan being developed
by Northern Palm Beach County Improvement District. (NPBCID). The review will evaluate the modeling and
proposed improvements to provide comments and recommended changes on behalf of the City.
CT-he maximum amount to- bepai�or s projec - covered - under - this - scope- of- sery /i�ccs-is-S-lO 0-{-�
- ti%Q�iry r� ,��,��,, �/`U��/� �Y. �lGi�lU -001
POINT OF CONTACT ✓�r� �'� J �.
��IO,DOo
The City has contracted with Mr. Glen A. Miller, P.E., an independent civil engineer to be the City's Point of
Contact during the selection of the Consultant for this project; Mr. Miller will also be tKe City's designated project
manager during execution of these services by the Consultant selected. All questions concerning this solicitation
shall be directed to:
L4 -v% Tv bt',-- I
Mr. Glen A. Miller, P.E.
Miller Engineering
12773 W. Forest Hill Blvd., #200
Wellington, FL 33414 Tlea_s(" t-eV 1-
(561)793 -5656 or(561)793 -0089 (fax)
email: glen@rniUcr-engincer.com C
J V on TueS. 3,
T) et (,_n 4-6 Yh e J
SUBMITTAL AND AWARD
1_(' u p (.) �,a �k &k,4 (/�f� t d►�t
The Point of Contact plans to meet with potential Respondents for the purpose of assessing the approach, project Cal l pX
mA,uger, qualifications, experience and availability of the Respondent. Respondents shall submit written
qualification information to the Point of Contact specified above (Mr. Miller) withhm 3 days of the meeting with the
Point of Contact. maybe submitted by mail, email or fax. It is the respon is responsibility to�confirm '98'
receipt and delivery of the -XQAO Point of P�taa/.&�`�
In order to expedite review and d selection of the most qualified Consultant for this project, R ndents are
encouraged to be concise and emphasize qualifications and related experience. Respondents must identify a senior
project manager who will be involved in all day -to -day aspects of this project Experience of this proposed project
manager is key and the firm must commit his resources to completing this project in the time frame specified. The
Respondent must identify all staff that they anticipate will be involved on the Project Team. and the role and
experience of each individual. It is important that the Respondent fully disclose any prior work done for the City of
any potential Conflict of Interest with other past, present or future projects.. A proposal wig project team members
experienced in stormwater planning/design will be important.: i ��� a;*5
The Respondent understands that this solicitation or the response does not constitute a contract with the City. No
contract is binding or official until an Agreement for Professional Services is duly executed by both parties. The
City anticipates entering into contract negotiations with the respondent who submits the response judged by the City
to be the most advantageous to the City based on the evalyation criteria specified in this solicitation. The City
anticipates awarding one contract for this project.
JUN -26 -2000 17:02
P.03
The Point of Contact will review information gathered during the meeting and the written qualificationmformation
and recommend selection to the City. The City intends to make award wit ' a %=days after recomme"ndation by
the Point of Contact. Al--b o r{u d
The firm receiving award shall submit an Agreement for Professional Services to the Point of Cgntact within 3 days
after receiving award. Tfie4cc�br�hc=smiees- covered - under- -prvjectseope =stir o e d� Rcet 4D1 ,0001 Upon
execution of a Contract with the Consultant, the Consultant shall start work immediately.
STATEMENT OF WORK
Over the years the City has experienced severe flooding in certain areas due to various storm events. This has
recently prompted a desire for the City to evaluate the adequicy of the drainage system in these areas_ A separate
entity, Northern Palm Beach County Improvement District (NPBCID) is responsible for planning, designing and
permitting most drainage systems in the City. NPBCID has developed stormwater models (using ICPR) of existing
and proposed stormwater facilities. The City desires to have an independent engineering consulting firm (the
"Consultant'), experienced with storm drainage systems to review certain aspect= of the storm drainage system
specified herein and report finding and recommendations to the City.
Scope of Work
Review of Basin 19 Improvement Plan
Drainage Basin 19 is one of the areas in Palm Beach Gardens which includes the Gardens Mall development. This
basin area has experienced flooding problems in the past, and NPBCID has recently developed a storm drainage
improvement plan to address these flooding problems. Constriction of these improvements are scheduled to begin
August 2000.
The City wants the Consultant to perform an independent review of the improvement plan and proposed storm
drainage facilities. This review must be completed within abvuLlwo-er three weeks in order to incorporate any
recommended changes prior to the proposed construction start date by NPBCID in August The review will include
the overall basin 19 stormwater model (done by NPBCID in ICPR), the proposed improvements and fv ew of the
construction drawings. a 0K _
•
P.03
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CITY OF PALM BEACH GARDENS
taeee N. &MWMtY TP.M. • PAM 80,04 1LwaBa9, ftO M 3"0-""
CROWrH MANAGEMENT DEPARTMENT
PLANMNG AND ZONING DIVISION
Offwe: $61.799 -4243
Fax: 561- 7994281
rva"
DATV: June 28, 2000 TIME: 2:54 PM
TO: Glea hiller. Miller Engineering
FAX NO: 793-5656 PHONE: 79341089
FROM: Roxame Mnming, Growth Maoag®ad Diroctor
RE: Your letter of lateal
REMARKS: Please nuke the following changes to the attached Ica" of intent, sad please be
prepared to give an update on your selection at tomorrow night's Casten Meeting.
I loved your rxcommendalion of splitting the wits in two. If you have any questions please call me
at 7994243
Thant: you.
Numbs of pages 3 (including cover sheet)
A
` CITY OF PALM BEACH GARDENS -- ;_
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4689 •
GROWTH MANAGEMENT DEPARTMENT
PLANNING AND ZONING DIVISION
Office: 561- 799 -4243
Fax: 561- 799 -4281
FAX
DATE: June 28, 2000 TIME: 2:54 PM
TO: Glen Miller, Miller Engineering
FAX NO: 793 -5656 PHONE: 793 -0089
FROM: Roxanne Manning, Growth Management Director
RE: Your letter of intent
REMARKS: Please make the following changes to the attached letter of intent, and please be
prepared to give an update on your selection at tomorrow night's Council Meeting.
I loved your recommendation of splitting the units in two. If you have any questions please call me
at 799 -4243
Thank you.
Number of pages 3 (including cover sheet)
0
r
CITY O ALM BEACH GARDENS t J ee ky, jib MEMORANDUM MAMA /ED G 1 r� �� y i R'S OFFICE
�R ?t d ��,� 4 �'` JUL 1 p 2000
TO: Nabar Enrique Martinez, City Ma er DATE: 7/07/00
FROM: Roxanne M. Manning, wth Management DirectorTv
SUBJEC Drainage Upda
As outlined In—the—affached letter, Glen Miller is recommending that CH2Mhil1 perform the
evaluation of the unit 19 drainage. Their estimated cost for the analysis is $9,982. This will be
shown as a "not to exceed" figure in their contract.
I spoke with Mr. Miller today, he indicated that the CH2Mhil1 team is ready to begin work on
Monday, July 10, 2000. They anticipate completion of the analysis by the end of July. I am
sending the contract documents to Kent Olson and Len Rubin for final review. If you have any
questions, please let me know.
RMM/rmm
C: Len Rubin, City Attorney
Kent Olson, Finance Director
G: Drainage Updates 070700
•
.0
•
L
MILLER ENGINEERING
A 01YISION OF G. A. MILtFR• INC.
ENGINEERING 8 ENVIRONMENTAL SERVICES
July 5, 2000
Roxanne M. Manning, AICP
Growth Management Director
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
Subject: Letter of Recommendation for Independent Engineering Consultant
Review of Unit 19 Drainage Improvement Plan
Dear Ms. Manning:
This letter presents my recommendation for selection of the Drainage Consultant to review the Unit 19
Drainage Improvement Plan. After considering and contacting several engineering firms, two firms were
short listed for final consideration for this assignment. These firms are CH2M HILL and Camp Dresser &
McKee, Inc. (CDM). Both firms are nationally- ranked engineering firms with nearby offices and both state
that they have never worked for the City and have no conflicts of interest in taking this assignment.
The short listed firms were given a written request for Letters of Interest (LOI) and interviews were
scheduled. Both of these firms were interviewed by me at their offices. Each firm was also required to
submit a written letter of interest with experience and qualifications. Copies of the submitted LOI packages
from each firm are attached.
After review of the information obtained during the interviews as well as the written LOI packages
received, I am recommending selection of CH2M HILL for this project.
If you have any questions, please call
ncer ly,
61, 4u!�
len A. Miller, P.E.
Miller Engineering
GAM/gm
WATER - WASTEWATER • SITE • ENVIRONMENTAL
12773 W. forest Hill Blvd., Suite 200, Wellington, FE 33414
PH: 561.793.5656 • FX: 561. 793.0089
® Recycled Paper
r.. ;
Ck of P.B. GaFde! .
GROWTH
MANAGEMENT
V DEPARTMENT
n
•
CH2M HILL
H46boro.Executive Center North
800 Fairly Drive
Suite 350
C H 2, M H I LL
Deerfield Beach, FL
33441 -1831
Tel 954.426.4008
June 30, 2000
Fax 954.698.6010
20218.01
Mr. Glen A. Miller, P.E.
Miller Engineering
12773 Forest Hill Boulevard, #200
Wellington, FL 33414
Subject: Engineering Evaluation of Unit 19 Improvement Plan - City of Palm Beach
Gardens, Florida
Dear Mr. Miller:
It was a pleasure meeting with you on Tuesday, June 27th to discuss the evaluation of Unit
19 in the City of Palm Beach Gardens. CH2M HILL is pleased to submit the following letter
of interest for engineering services . Attached is an outline of the proposed scope fo
services, a budget not-to-exceed lump sum cost estimate, a copy of our standard agreement
for engineering services, resumes for the proposed project staff, and selected project
descriptions highlighting completed drainage and surface water management projects in
the immediate area.
If you have any questions regarding this letter of interest or the attachments, please feel free
to contact me at (954) 426 -4008. If the City is preapred to accept this proposal, pleasae have
two (2) copies of the proposal and Standard Agreement executed by the appropriate City
representatives and returned to me; I will have these signed and an original returned to you
for the City's administrative records.
Sincerely,
CH2M HILL
62zd��'
Rick Olson, P.E.
Senior Water Resources Engineer
DFB \Document3
c: Steve Gong / DFB
Mitch Griffin / GNV
Ir
T
Proposal for Engineering Services
Engineering Evaluation of Unit 19 Improvement Plan
City of Palm Beach Gardens, Florida
C112M HILL is pleased to submit the following statement of qualifications and cost proposal
in response to the City of Palm Beach Gardens' (CITY) Request for Qualifications (RFQ)
to conduct a review of the Unit 19 Improvement Plan.
Statement of Work
The CITY is requesting a rapid review of the stormwater model and the improvement plan
prepared for Unit 19 by the Northern Palm Beach County Improvement District (NPBCID),
and design drawings to be used to implement the proposed improvements. To accomplish
this work, our scope of services will be divided into three tasks including the following:
Task A - Kick Off Meeting - CH2M HILL will attend a kick off meeting with
representatives from the City and the NPBCID to review work conducted on the
Unit 19 Improvement Plan (the Plan) to date. During the meeting special emphasis
will be placed on discussions regarding the assumptions used to prepare the
drainage model, storm conditions modeled, and the pre - and post - improvement
conditions identified by the model. The meeting will be scheduled immediately
following the notice to proceed and all relevant reports and information to be
reviewed will be transferred to C112M HILL at this meeting. The meeting will be
attended by the CH2M HILL Project Manager (PM) and one project engineer.
During this task, C112M HILL will conduct the project set up and work planning.
Task B - Model and Design Evaluation - Evaluating the model and design will be
the primary work activities of this project. Following the kick -off meeting and the
receipt of the Plan and other related work products by others, CH2M HILL will
evaluate the modeling assumptions, input parameters, design storm conditions, and
the pre- and post - runoff conditions. Key elements will include the assumed
elevations of receiving waters, rainfall duration and intensity, finished floor and
crown -of -road elevations, and the accurate reflection of improvements in the post
improvement model. During the evaluation of the model, only input and output
will be reviewed; CH2M HILL will not recreate or rerun the model. In addition,
C112M HILL will also conduct a review of the proposed improvements. An overall
evaluation will be conducted on the design drawings to determine if the proposed
improvements are likely to have the desired impacts on Unit 19 drainage and if
alternatives exist that could potentially be more effective. Such alternatives will be
identified, but not analyzed in detail as an element of this review assignment.
Additionally, this review will not include a review of design safety, constructability,
or insure desired performance.
OFSTROPOSALDOC
4 '
Task C - Memorandum of Findings - Following the completion of the evAuation,
CH2M HILL will prepare a brief memorandum of findings. The memorandum will
summarize the steps that CH2M HILL conducted, the finding during the evaluation
of the model and design drawings, and any identified modeling or Plan ;
improvement that warrant further consideration. In addition, CH2M HILL will
itemize proposed improvements in the design drawings. The PM will attend one
project review meeting to present the findings of this evaluation to the City.
Project Team
Resumes for the project team are attached following the proposal. The Project Team
consists of the following 5 members: '
Steve Gong — Principal — Because of his experience and history with surface water
management in Northern Palm Beach County, Mr. Gong will be available to the project
team to provide historical perspectives and /or assistance on administrative issues on an as-
needed basis.
Richard Olson, P.E. — Project Manager — Mr. Olson will be responsible for the day - to-day
execution of the project, adherence to the schedule, and quality of the final deliverable.
Mitchell Griffin, Ph.D., P.E. — Senior Reviewer — Dr. Griffin will be responsible for
developing a realistic scope of review, evaluating modeling assumptions, and identifying
potential drainage model improvements or alternatives.
Fair Miller — Project Engineer — Ms. Miller will have primary responsibility in reviewing all
aspects of the model set up, execution, and results. She will develop the itemized list of
proposed model improvements should any be identified.
Shondra Neumeister — Project Engineer — Ms. Neumeister will have primary responsibility
in reviewing the design improvements. She will compare design conditions with model
parameters and conduct an evaluation on surface water routing of the site following
implementation of the proposed improvements currently included in the Plan.
CH2M HILL Drainage and Surface Water Experience
Selected examples of CH2M HILL's relevant drainage project experience in South Florida
are included following this proposal.
Interest
CH2M HILL is unaware of any conflicts of interest. There have been no agreements or
arrangements between CH2M HILL, the CITY, or any of the Consultants or Agencies
working on this project. CH2M HILL is not currently and has not in the past, worked on
drainage projects within the City of Palm Beach Gardens.
DFBWROPOSALDOC
Schedule
Assuming proposal acceptance (written notice to proceed and execution of the enclosed
Standard Agreement) by July 7, 2000, the work described in Tasks A, B, and C will be
completed by the end of July 2000. Should this schedule be altered or the scope of work
modified, an amendment to this proposal will be mutually agreed upon prior to
implementing the applicable change.
Compensation
CH2M HILL will execute work under this task order following the conditions outlined in
our Standard Agreement for Professional Services (attached), the conditions outlined in the
RFQ and the specific conditions presented in this task order proposal. CH2M HILL will be
compensated by the City on a lump sum basis in the amount of $9,982 for work provided.
As applicable, subsequent phases or additional work will not be conducted without written
authorization from the City. be approved under future task orders. Future work is not
guaranteed or implied under this scope of work.
Other Conditions
CH2M HILL will not accept liability for predictions of the drainage model prepared by
NPBCID or the ramifications produced by the design prepared by other Consultant. This
40 review is limited in scope and as such, CH2M HILL will not be held responsible in any way
for work prepared by others.
Proposal Presented By:
Thomas McCormick_ , P.G.
Vice President
CH2M HILL
Proposal Accepted By:
dated June 30, 2000
dated this day of ,2000
printed)
0 (Title)
DFBPHOPOSALDOC
Relevant Project Experience '
City of Miami Beach, Florida
CH2M HILL has been the drainage consultant for the City of Miami Beach since 1993.
During this period, CH2M HILL has prepared a comprehensive Master Plan identifying 37
problem areas within the City and proposing drainage solutions. CH2M HILL is currently
working with the City to prioritize, schedule, and finance drainage improvements that will
total approximately $70 million. CH2M HILL has been involved in all aspects of drainage
planning for the City including conducting drainage studies, preparing plans for City
implementation, preparing plans for contractor bidding, reviewing plans prepared by other
consultants (for both public and private projects), and assisting the City with compliance
issues with Miami -Dade County's NPDES Permit. CH2M HILL has completed four
regional designs for the City including those for South Pointe, Allison Island, Pennsylvania
Avenue, and Sunset Harbour. Each of these design solutions addressed flooding and water
quality issues and incorporated positive outfalls, drainage wells, exfiltration trenches, and
management practices to reduce flooding and to improve water quality being discharged
into Biscayne Bay.
Pratt & Whitney, West Palm Beach, Florida
CH2M HILL prepared a design and permit for on site drainage for Test Stand E -5 rocket
engine test facility. The client requested a simple, low maintenance stormwater
management system that was in compliance with their off site surface water permit.
CH2M HILL prepared designs for a series of grass swales, a 0.5 -acre retention pond, and a
permitted overflow into a managed wetland. The project consisted of preparing design
drawings, specifications, and a permit application to the SFWMD. The permit for the
facility was granted in 1998.
Development of the Northern Palm Beach County Comprehensive Water Management
Plan.
CH2M HILL performed a study to evaluate surface water management options for a 200 -
square mile portion of Palm Beach County. The study's focus was the existing and future
movement of water in and out of the West Palm Beach Water Catchment Area (WCA) from
the L-8 Basin and to the Loxahatchee Slough. The study evaluated the viability of accepting
water from the Indian Trail Improvement District and discharged stormwater from future
development projects. The study also assessed the water quality and environmental impacts
to the WCA based on long -range water demands, and assessed the viability of transferring
water to the C -51 Canal and the Loxahatchee Slough. Backpumping of excess stormwater
from the Jupiter Farms area (South Indian River Water Control District) was also included.
Many of the land areas included within the study area fall into the boundaries of the
Northern Palm Beach County Improvement District. CH2M HILL's services include:
• Identify additional water supply sources, inflow rates, and locations based on future
land use data, L -8 and Loxahatchee Slough studies, and available hydrologic, hydraulic
and environmental information.
30
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• Develop alternative plans
Develop and run hydrologic, hydraulic (UNET), and water quality models to assess the
water quantity and quality impacts from proposed management options
Assess the water supply benefits of accepting additional stormwater into the WCA from
existing and future development, and from external sources
During Phase 1 of the program, CH2M HILL developed the modeling tools needed to
support future alternatives analyses, and worked closely with a Technical Advisory
Committee (TAC) consisting of water management and environmental resource
management stakeholders. During Phase 2, CH2M HILL facilitated stakeholder input
during options development, developed and applied a decision analysis model, and
evaluated the water supply, ecosystem restoration, and flood control benefits of proposed
options. This information is to be used in long -term plan formulation. The findings of Phase
2 were used by SFWMD as contributions to alternatives for this study area that were
included in the USACE Restudy.
Palm Beach County Green Cay Wetlands
CH2M HILL prepared stormwater conveyance and retention pond designs and permits for
Palm Beach County's Green Cay Wetlands Project. The retention ponds provided water
quality treatment and runoff storage from the Nature Center and parking areas within the
complex: The drainage system was designed to keep access roads passable during design
storm conditions and to prevent off -site discharge. The retention pond was designed with
an emergency spill-way to the managed wetlands. The project was completed in 2000.
City of Boca Raton, Florida
In 1992, the City of Boca Raton, Florida hired CH2M HILL as a team member to assist in
preparing a sub - element for Palm Beach County's NPDES Permit application. CH2M HILL
assisted the City with preparing the permit application, responded to comments, and
reported stormwater operational practices to Palm Beach County and USEPA. After the
NPDES permit was issued to Palm Beach County in 1995, CH2M HILL assisted the City of
Boca Raton by developing a stormwater management program that identified problem
areas within the City. CH2M HILL prepared a study of the Hidden Valley Neighborhood
and developed an approach to improve drainage and negotiate emergency discharge to the
C -15 Canal.
Town of Highland Beach, Florida
CH2M HILL began assisting the Town of Highland Beach with drainage issues in 1997. Our
first assignments included assisting the Town with NPDES compliance issues and
submitting the Annual sub - element for the County-wide NPDES Report. CH2M HILL
assisted the City by developing monitoring and reporting plans, developed a public
information program to assist residents with protection of the MS4, and prepared a manual
for implementing maintenance procedures. In 1999, CH2M HILL prepared an evaluation of
the drainage system capacity for SR A1A and all of the minor roadways in Highland Beach.
The report identified problem areas within the Town and suggested methods of alleviating
drainage problems. Of special concern was the SR AlA corridor that is maintained by
FDOT. In 2003, the FDOT plans to widen SR AlA without providing drainage
improvements. CH2M HILL quantified the increased runoff that would result ands
suggested improvements (including swales and drainage wells) to alleviate anticipated
drainage problems. CH2M HILL is currently working with the Town, FDOT, and the FDOT
drainage consultant to incorporate drainage improvements into the SR AlA roadway
improvement plan.
Stormwater Master Plan for the C -8 and C9 Basins
At the request of Miami -Dade County, CH2M HILL completed a stormwater management
plan for the Department of Environmental Resources Management (DERM) that included
an evaluation of the water quality and flooding control alternatives. Technologies evaluated
included wet ponds, infiltration /storage systems, and street sweeping. Using a
optimization modeling approach, we estimated long -term pollution control performance for
each technology under a range of operating scenarios. Initially, we evaluated planning area
flood hydrology and estimated average annual stormwater pollutant loads. We then
identified and ranked water quality and flooding problem areas and evaluated stormwater
management options to develop practical, affordable reductions in the pollutant loads
entering the receiving waters.
City of Ft. Lauderdale, Florida
CH2M HILL completed an expansion of the drainage system within a 65 -acre area within
the Northwest Industrial Area in Ft. Lauderdale, Florida. The existing storm sewer system
was undersized and was not served by a positive outfall; therefore the area was subject to
flooding during storm events. Connection to an existing positive outfall was infeasible;
therefore, the proposed storm sewer improvements included the installation of exfiltration
trenches in the City owned right -of -way as well as the addition /replacement of several
catch basins. The project required a variance from Broward County since it was located
within a wellfield zone of protection. CH2M HILL prepared the ERP permit application for
both Broward County and the South Florida Water Management District and assisted in the
completion of a variance application. The project was permitted in 1998 and constructed in
1999.
•
Steven W. Gong CH2M HILL
Water Resources Planner
Education
M.S., Zoology, University of Florida
B.A., Biological Sciences, University of Delaware
Distinguishing Qualifications
• Facilitation of water resources management planning programs /workshops.
• Over 20 years experience in state and federal permitting and compliance monitoring of
wastewater and stormwater discharges to lakes, rivers, estuaries, and coastal waters.
• Expertise in evaluating aquatic and wetland ecological system responses to pollutant
releases and physical disturbance.
• Direction of Toxicity Identification Evaluation /Toxicity Reduction Evaluation
(TIE /TRE) programs and other effluent whole effluent toxicity (WET) management
programs.
• Application of geographic information systems (GIS) analyses for environmental
planning.
Relevant Experience
Mr. Gong is an environmental scientist and planner specializing in management of the
environmental impacts of industrial and municipal wastewater discharges, reverse osmosis
(RO) or other membrane treatment facility concentrate discharges, urban and agricultural
stormwater runoff, and dredging and port - related construction on surface and groundwater
systems and biological resources. He is experienced in study design, project management,
data analysis, and technical report preparation, and in federal and state environmental
permitting programs.
Project Experience
Mr. Gong is managing development of the Comprehensive Water Management Plan
(CWMP) for Northern Palm Beach County on behalf of the City of West Palm Beach and
South Florida Water Management District. During Phase 1 of the project, hydrologic and
hydraulic models for the Southern L-8, Water Catchment Area, and Loxahatchee Slough (C-
18) Basins were developed and tested. Phase 2, which is currently ongoing, consisted of
development of a series of alternative water management strategies with the input from a
project advisory committee (PAC), and analysis of the alternatives using the modeling tools
generated under Phase 1. Initial modeling results indicated that some but not all of the per-
formance measures indicated goal achievement; additional modeling analyses are currently
being planned and the models revised in preparation for final modeling and results integra-
tion into a final plan document. As part of this project, Mr. Gong led facilitation of a series of
working meetings with the PAC. The PAC consisted of approximately 50 decision makers
representing the interests of federal, state, and local resource management/ regulatory
agencies, several municipal or county utility departments, a number of drainage districts or
community improvement districts, and environmental groups. Decision analysis software
was applied to support the group's efforts to reach consensus regarding CWMP goals and
objectives.
DMIS e.WC
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Steven W. Gong
CH21*HILL
Mr. Gong served as a task manager during preparation of the Stormwater NPDES permit
application for the City of Miami. Mr. Gong was responsible for the Part I, Section D -
Discharge Characterization subprogram. He developed the protocol followed for the dry -
weather water quality monitoring of major stormwater outfalls within the City for potential
illicit discharges, and managed an MBE subconsultant's performance of the field survey
effort. As an element of this task, Mr. Gong provided a training workshop for the
subconsultant's staff, and also provided quality control review during project execution.
Mr. Gong designed, implemented, and managed a 8 -year program that involved
maintaining Special 298 Drainage District compliance with specific conditions contained
within FDEP permits held by the four different stormwater management districts. The
program included permitting negotiations with FDEP, surface water quality and quantity
monitoring studies, flood -control pump station calibration, surface water quality
management feasibility studies, and phosphorus control strategy evaluations. Stormwater
discharges from four drainage districts to Lake Okeechobee were monitored monthly, with
quarterly bio-logical monitoring of discharge impacts on aquatic systems. Similar services
were also provided to a confidential private client.
On behalf of SFWMD, Mr. Gong managed a multidisciplinary feasibility study of the water
supply and ancillary environmental benefits of developing conceptual surface water
reservoirs in Dade, Broward, and Palm Beach counties east of the Water Conservation Areas
and west of the highly urbanized portions of the study area basins. The studies included
hydrologic modeling, siting of conceptual reservoir facilities using a geographic information
system (GIS), conceptual reservoir design and costing, cost optimization analyses, and
identification of environmental impacts and benefits associated with the conceptual
facilities. The study was expanded to address the environmental and water supply benefits
of a regional, integrated system (the East Coast Buffer) consisting of linked marsh and
reservoir facilities coupled with Aquifer Storage and Recovery (ASR) well systems. These
studies were conducted in support of development of alternatives to be analyzed in detail as
potential elements of the District's Lower East Coast Regional Water Supply Plan.
On behalf of The Nature Conservancy, Mr. Gong managed a consensus - building planning
project directed at evaluating stakeholder willingness to cooperatively develop a new
mechanism for funding water resource and water supply projects in Palm Beach, Broward,
and Dade Counties, Florida as part of the Everglades Restoration and Lower East Coast
Regional Water Supply Planning efforts. Under this project, CH2M HILL conducted opinion
surveys, and facilitated a series of workshops related to development of a Conceptual Water
Funding Program for this region. Mr. Gong coordinated the discussions between leaders of
The Conservancy, the SFWMD, municipal and county -level utility directors, and executive
directors of selected drainage districts in these facilitated workshops.
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Richard D. Olson, P.E. CH2M HILL
Stormwater Engineer /Project Manager
Education '
M.C.E., Civil /Geotechnical Engineering, University of Florida
B.S., Civil Engineering, University of Florida
Professional Registrations
Professional Engineer: Florida
Distinguishing Qualifications
• Mr. Olson has been employed as a water resources engineer in CH2M HILL's Deerfield
Beach and Miami offices since 1986. For the past 5 years, Mr. Olson has acted as group
leader for Deerfield Beach's water resources group, where he has been responsible for
the staffing of up to 12 professional engineers and hydrogeologists.
• Mr. Olson also has diverse experience in the areas of hazardous waste assessment and
remediation, water supply, and geotechnical and civil engineering.
• Mr. Olson is qualified to enter hazardous material sites and to act as site safety
coordinator for Level D field activities.
Project Experience
Mr. Olson has been employed by CH2M HILL as a Civil Engineer for nearly 14 years.
Working with the Water Business Group, Mr. Olson developed a diverse and broad
understanding of the consulting industry taking project from conception, through planning,
financing, construction, and into operation. Because of his tenure and current position as
South Florida staffing manager, Mr. Olson developed extensive relationships with clients
throughout CH2M HILUs southeast region. For the past 6 years, Mr. Olson exercised these
relationships to help the City of Miami Beach implement a Stormwater Master Plan. Various
phases of this program included financial planning, public awareness /involvement, design,
permitting, and construction of several stormwater rehabilitation project. Mr. Olson brings
the network of relationships and employment experience to the position of Boynton Beach
Project Manager.
In addition to work throughout South Florida, Mr. Olson worked with the City of Boynton
Beach on its Comprehensive Master Plan in 1988, the Deep Injection Well in 1990, the
Aquifer Storage and Recovery Well in 1992, the Water Use Permit of 1994, and a Landfill
Groundwater Monitoring Plan, which extended to 1999.
Relevant Experience
Mr. Olson is currently the stormwater consultant for infrastructure improvement projects
for the City of Miami Beach (City). In this capacity, he prepared the City's Stormwater
Master Plan, outlining the prioritization of over $40 million in stormwater capital improve-
ments. To support this ambitious program, Mr. Olson assisted the City with the creation of
an independent stormwater utility, the preparation of an equitable stormwater rate
Richard D. Olson, P.E. GH2M HILL
structure, and the preparation of a financial analysis to support the release of a municipal
bond.
As part of the implementation of the capital improvement program, Mr. Olson is currently
managing the designs of four stormwater improvement projects for the City, including the
communities of Allison Island, South Beach (south of Fifth Street), Normandy Shores, and
the Middle Beach area (between 41st Street and 47th Street). These projects will alleviate
local flooding conditions and reduce the City's reliance on positive outfalls; thus improving
the quality of the stormwater being discharged into Biscayne Bay. Specific disposal systems
will include the extensive use of French drains, drainage wells (both pressurized and
hydrostatic), and sedimentation basins. Infrastructure improvement activities are being
coordinated with other capital programs currently being implemented by the City,
including water, sanitary sewer, parks, and street beautification.
In addition to the capital improvements program, Mr. Olson assists the City in managing its
stormwater utility system, which entails handling National Pollutant Discharge Elimination
System ( NPDES) compliance issues, establishing prioritized maintenance schedules, and
mapping the City's stormwater infrastructure on a GIS database.
In March 1998, Mr. Olson began coordinating NPDES issues for the Town of Highland
Beach, Florida (Town). In this capacity, Mr. Olson prepared the Town's Annual Report,
which was incorporated into the Joint Annual Report submitted by Palm Beach County. Mr.
Olson is responsible for developing construction site inspection forms and protocol, and he
assists the Town with a public education program for illicit connection reporting and
household hazards management.
As a member of the Water Resources Division, Mr. Olson has performed a variety of tasks
for hydrogeologic investigations. He was the engineer of record for three Aquifer Storage
and Recovery (ASR) wells in West Palm Beach, Delray Beach, and Broward Counties. He
also served as field resident during the drilling, development, and testing of shallow, inter-
mediate, and deep (to 250 feet) monitoring, recovery, and public supply wells. His aquifer
testing activities have included geo- physical logging (using CH2M HILL's Century
Compulog II), long -term pumping tests, and rapid slug test evaluations.
As a project manager in the Water Resources Division, Mr. Olson has designed observation
well networks that monitor the presence and movement of organic and inorganic com-
pounds. The networks function to evaluate contaminants and wellfield operational effici-
ency and to protect coastal wellfields from saltwater intrusion. Mr. Olson managed the
saltwater intrusion program for the City of Deerfield Beach (Deerfield) as a compliance
issue for the Water Use Permit. Specific activities included installation and maintenance of a
monitoring well network, field data collection, and monthly data reporting. Through this
program, Mr. Olson provided data to guide the City wellfield pumpage through a 100 -year
drought without water quality degradation.
Mr. Olson conducted a comprehensive investigation for the expansion of a municipal
wellfield for Deerfield. This investigation included present and past land use research, test
well design and construction, aquifer evaluation, water quality analyses, and review of
DF8115M.WW9
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Richard D. Olson, P.E. 6-12M HILL
permitting requirements. This investigation was used to identify a suitable location for
Deerfield to obtain 10 million gallons per day (mgd) of additional capacity. , ,
Mr. Olson served as lead field engineer during the construction of a 12 -mgd Class I injection
well and pump station for Seacoast Utility Authority (SUA). Mr. Olson's responsibilities
included contractual compliance oversight, construction documentation, geological
formation analyses, and performance testing. Aquifer analyses included straddle packer
tests, a radioactive tracer survey, and pumping and injection tests at rates up to 2,000 and
12,500 gallons per minute, respectively.
During 1997, Mr. Olson prepared a design and Environmental Resource Permit application
for an industrial client in western Palm Beach County. The design consisted of a 0.5 -acre
detention pond with controlled discharge to a managed wetland. As part of the permit
application, a seepage analysis using MODRET was conducted to demonstrate acceptable
drying of the pond's base during a 12 -day period. The design incorporated buffer areas to
provide water quality treatment and integrated portions of the site that were impacted by
industrial activities (covered by a separate NPDES permit). The permit was approved by the
South Florida Water Management District (SFWMD) in mid -1998.
During 1994 and 1995, Mr. Olson worked for a confidential industrial client in Pompano
Beach to obtain site closure of a RCRA facility. Mr. Olson prepared a Surface Impoundment
Closure Permit Application, negotiated cleanup standards for sediments contaminated with
metals, managed the field work associated with the implementation of closure activities,
and submitted a Surface Impoundment Closure Certification Report. The final report was
approved by the Florida Department of Environmental Protection (FDEP) and the
Environmental Protection Agency (EPA) without comment.
Between 1992 and 1995, Mr. Olson was one of the primary project managers for
environmental restoration projects conducted at the former Eastern Airlines Main Base
(EAMB) at the Miami International Airport (MIA). In this capacity, Mr. Olson managed an
offsite water quality assessment of the EAMB, prepared a plan for the decommissioning of
the site -wide industrial wastewater collection system, and prepared a CAR /RAP for the
restoration of Hangar 22. At Hangar 22, Mr. Olson also managed and implemented a field
pilot-testing program to evaluate the effectiveness of soil vapor extraction (SVE) from
horizontal and vertical recovery wells. Information generated from the pilot study was used
in the full-scale remediation system design at Hangar 22. Environmental restoration of this
facility was a critical factor in the expansion of MIA and in meeting the schedule for tenant
relocation.
Between 1989 and 1993, Mr. Olson served as lead hydrologist for the Georgia Air National
Guard (GANG) Base in Savannah, Georgia, for the Installation Restoration Program (IRP).
In this capacity, Mr. Olson developed sampling and analysis plans, directed and partici-
pated in three field efforts, and was the primary author for two assessment reports.
Additional responsibilities included evaluating soil remediation technologies, preparing
contract documents for soil removal and treatment, and acting as the project manager's
assistant in coordination of the Air National Guard Readiness Center, Martin Marietta
Energy Systems, Inc., GANG, and Georgia Department of Natural Resources Environmental
OFB/15573.000J80
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Richard D. Olson, P.E. C`TUM HILL
Protection Division. In 1991 Mr. Olson became the manager of this project, with a total fee of
over $1.5 million.
In 1990, Mr. Olson managed the remediation of a major fuel storage terminal in Jacksonville,
Florida. The Jacksonville terminal had been used for approximately 100 years to store and to
distribute heating oil, diesel fuel, and gasoline. Environmental problems at this facility
included groundwater, soil, and river sediment contamination with hydrocarbons.
Implementation of a RAP began in 1994, providing facility cleanup goals without disrupting
facility operations.
Memberships in Professional Organizations
American Society of Civil Engineers
Tau Beta Pi, Engineering Honor Society
American Water Resources Association, Florida Section
OF8I1557=0081
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10 Mitchell L. Griffin, Ph.D., P.E.
Water Resource Engineer
Education
Ph.D., Agricultural Engineering, Purdue University
M.S., Agricultural Engineering, University of Kentucky
B.S., Civil Engineering, University of Kentucky
Professional Registrations
Professional Engineer: Florida and Georgia
CH2M HILL
Distinguishing Qualifications
• Nationally recognized expert on nonpoint source pollution sources and control;
experience includes both urban (separate and combined sewers) and rural watersheds.
• Successfully negotiates surface water discharge permits, including treated wastewater
effluent, stormwater, bioassessments, toxicity identification analyses, and metal
pollutants.
• Computer modeling expert with experience using a variety of watershed models and
geographic information systems (GIS).
• Experienced in designing and implementing water quality sampling programs.
Relevant Experience
Dr. Griffin is an engineer /hydrologist in CH2M HILL's Gainesville, Florida, office
specializing in solving drainage and surface water quality problems. He assists municipal
and industrial clients in making planning decisions and obtaining surface water permits,
including National Pollutant Discharge Elimination System ( NPDES) permits for
stormwater and point source discharges. He is skilled in computer modeling to solve water
resources - related problems and is familiar with a wide range of computer model types,
including mixing zones, water quality impacts, hydrologic (watershed), geographic
information systems (GIS), systems analysis, time series analysis, hydraulics, and expert
systems.
Project Experience
Dr. Griffin assisted several clients in obtaining NPDES stormwater permits. For the City of
Jacksonville, he provided technical quality control guidance and reviewed the preparation
of the City's municipal permit application. Dr. Griffin had primary responsibility in
designing the stormwater sampling program and estimating pollutant loadings for the more
than 500 outfalls in the City. Other permit applications were prepared for the Department of
Transportation, City of Neptune Beach, and City of Atlantic Beach. For Atlantic Beach, Dr.
Griffin was the project leader. He also prepared a group application for several wastewater
treatment plants in the Jacksonville area.
Dr. Griffin led a 2 -day seminar sponsored by the American Society of Civil Engineers
(ASCE) about municipal NPDES stormwater permits. This seminar discussed regulatory
OF8I1WIDOC132
Mitchell L. Griffin, Ph.D., P.E. M2M HILL
requirements, management strategies to develop the permit application, best management
practices and their effectiveness, and an overview of industrial permit requirements. The
seminar was attended by 40 participants and had guest speakers from EPA and a
municipality.
In the area of stormwater master planning, Dr. Griffin assisted the City of Gainesville,
Florida, in formulating watershed flood control alternatives. For certain priority watersheds
in Franklin County, Florida, Dr. Griffin examined the local flooding problems and potential
water quality loadings into Apalachicola Bay and recommended both flood control and
water quality improvements. Dr. Griffin helped the City of Atlantic Beach, Florida, meet its
master planning requirements, refine its stormwater utility database, and obtain its
stormwater NPDES permit application.
In the area of drainage planning and design, Dr. Griffin drafted the drainage subelements of
the comprehensive plans that CH2M HILL prepared for the cities of Deerfield Beach and
Boynton Beach, Florida. He evaluated the potential effects of proposed drainage facilities on
spray irrigation effluent disposal fields owned by a large, Florida -based development
company. He also provided a technical review of a flood insurance study the U.S. Army
Corps of Engineers conducted on Fourche Creek in Little Rock, Arkansas.
Dr. Griffin compiled a technical comments report on Poland's Upper Raba River Watershed
Management Plan. The Upper Raba River Watershed feeds the Dobczyce Reservoir, which
is a primary source of drinking water for Krakow. Improperly treated wastewater
discharges and eutrophication from nonpoint sources of runoff are causing rapid aging of
this relatively new reservoir. The Water Environment Federation (WEF) was funded
through the U.S. EPA to provide technical assistance to Eastern Europe and WEF conse-
quently relied on its members expertise to provide comments. Dr. Griffin participated and
then synthesized these comments into an organized report.
For the Water Pollution Control Federation Research Foundation (WPCFRF), now called the
Water Environment Research Foundation (WERF), Dr. Griffin was the principal investigator
for a critical assessment of the literature pertaining to nonpoint source pollution impacts.
The newly formed research foundation sponsored assessments of literature to determine
research needs in specific technical areas. With the advent of water quality -based effluent
limitations, the impacts of nonpoint sources of pollution on water bodies will become an
increasingly important topic for members of WERF. Dr. Griffin managed this project to
develop a state -of- the -art assessment and led a public workshop to develop projects for
WERF, which then used these projects to establish its first five -year research agenda.
To control nutrient runoff from eight dairy farms in the Lake Okeechobee basin in South
Florida, Dr. Griffin designed intensive waste management facilities. The project involved
coordination with the dairy owners and the South Florida Water Management District to
ensure that best management practices could be incorporated into the farmers' operations
and still meet Florida's Dairy Rule requirements.
Dr. Griffin managed a Level Il Water Quality -Based Effluent i- imitation (WQBEL) study for
the New Township of Poinciana, Florida. This wasteload allocation project differed from
OFB11W3.WW3
Mitchell L. Griffin, Ph.D., P.E. CF12M HILL
from both point and nonpoint sources must be determined to establish the point source
discharge limitations. This study involved negotiating a detailed plan of study with the state
regulatory agency, collecting field water quality data, and computer modeling of dissolved
oxygen dynamics in a canal and of nonpoint sources of nutrient loadings and their impact
on Lake Hatchineha.
Dr. Griffin has assisted the City of Jacksonville in addressing antidegradation permitting
requirements for a wastewater plant expansion. The Arlington East regional facility
discharges directly into the St. Johns River. The antidegradation study evaluated water
quality effects, natural systems effects, potential for reuse, and other public interests of the
project. As an outgrowth of this project, Dr. Griffin assisted the City in responding to
regulators' requests for information at its other wastewater treatment plants concerning the
effect of nutrients on the St. Johns River near the outfalis.
Dr. Griffin assisted United Water Florida (UWFL), a private utility company in Jacksonville,
Florida, in addressing a variety of permitting issues. CH2M HILL has been providing
environmental permitting assistance for this utility for about 20 years. Projects Dr. Griffin
completed or managed for the utility include:
Yulee Service Area
— Developed conceptual disposal plan for effluent management. This plan was used to
select and locate a new regional wastewater treatment facility (WWTF). The
recommended alternative was a wetland disposal system.
— Conducted receiving water sampling and prepared permit documentation to
address water quality and antidegradation issues for effluent disposal system.
— Prepared the application and obtained an NPDES disposal permit for the regional
WWTF.
Jacksonville Heights WWTF
— Conducted receiving water sampling and generated a Level I water quality based
effluent limit report for a permit renewal.
— Conducted a detailed toxicity identification evaluation of the effluent Continuing
professional engineering support is being provided to address an Administrative
Order on this facility.
— Conducted in -stream sampling, benthic monitoring, and bioassay testing of the
receiving water.
Dr. Griffin is the technical lead for a project to characterize and develop long -term solutions
to bring the City of Atlanta's combined sewer system into compliance with the Clean Water
Act. The CSO program. includes sampling and characterizing stormwater and sanitary
contributions from the service area, computer modeling of the drainage system, and
evaluation of technologies to improve runoff quality. This project's results will guide the
City's sewer and drainage system capital improvement program within a 20- square -mile
area, centered around the central business district.
DFB/15573.DOG34
VA
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Fair Miller - CH2M MILL
Water Resources Engineer
Education
M.S.C.E., Civil Engineering, Georgia Institute of Technology, 1996
B.S.E., Civil Engineering, Duke University, 1995
Professional Registrations
Engineer In Training, NC
Distinguishing Qualifications
• Experienced with water and stormwater modeling
• Experienced in hydraulic and hydrologic modeling
• Experience in water conveyance design
Relevant Experience
Ms. Miller is a water resources engineer specializing in computer modeling as well as
hydrologic and hydraulic analyses.
Project Experience
Stormwater Model inglPermitting
City of Miami Beach, FL. Allison Island - Allison Island is a 36 -acre island off the bay side of
the north end of the City of Miami Beach. The project area was zoned single family residential
and was identified as a problem drainage area in the City of Miami Beach Master Plan. The
project improved the existing stormwater system by installing additional catch basins and an
exfiltration trench. Emergency overflow is discharged through 3 existing outfalls to Biscayne
Bay which is designated an Outstanding Florida Water and Aquatic Preserve. By discharging a
significant amount of the stormwater through the new exfiltration trench, the amount of runoff
to Biscayne Bay decreases significantly. Prepared the ERP application for submittal to the
Miami-Dade County Department of Environmental Resource Management (DERM).
City of Miami Beach, FL. South Pointe Redevelopment Phase 1- South Pointe is the southern
end of Miami Beach extending from 5th Street to Government Cut and includes South Beach.
The first phase of the project includes improvements to the existing storm system on
Washington and 3rd Street. Due to the proximity of brackish groundwater in most of the project
area, exfiltration trenches are only feasible on a portion of 3rd Street. The remainder of the
proposed stormwater improvements includes installation of several drainage wells and
directing system overflows to the existing outfall to Biscayne Bay. A baffle box is also proposed
at the downstream end of the outfall trunk line to reduce the pollutant load of oil and grease
and suspended solids to the Bay. The improvements will reduce the amount and quality of
runoff discharged directly to Biscayne Bay. Performed the stormwater modeling and prepared
the ERP.
OFB /15680.doc
City of Ft. Lauderdale, FL. Northwest Industrial Area Storm Sewer Expansion Project` - The
Northwest Industrial Area in Ft. Lauderdale is a 65 -acre drainage area in Ft. Lauderdale. The
existing storm sewer system was undersized and was not served by a positive outfall; therefore
the area was subject to many flooding complaints during storm events. Connection to.an
existing positive outfall was infeasible; therefore, the proposed storm sewer improvements
included the installation of exfiltration trenches in the City owned right -of -way as well as the
addition/ replacement of several catch basins. Due to the proximity of the project to a drinking
water wellfield, the project required a variance from Broward County since it was located
within a wellfield zone of protection. The City- operated wells closest to the project were idled
the previous year due to nearby contamination, and the use of injection wells created a
hydraulic barrier between the project area and the remaining wells. Prepared the ERP for both
the County and the South Florida Water Management District and assisted in the completion of
the variance application. The variance was granted and construction was completed in early
1999.
Pratt & Whitney, West Palm Beach, FL. Test Stand E -5 - Test Stand E -5 is a rocket engine test
facility planned for an undeveloped site at Pratt & Whitney. The client requested a simple, low -
maintenance stormwater system. Aided in designing the site and performed the stormwater
modeling for the system that included a retention pond with grass swales.
Water Conveyance /Design
Currently assisting with the Pima- Maricopa Irrigation Project in Sacaton, Arizona. The project
involves the design of conveyance facilities for a 146,000 -acre agricultural development project
using water sources from the Gila River, Central Arizona Project (CAP), and groundwater. The
design includes 24 miles of main canal with a capacity of 2,400 cfs, as well as turnouts and
operational features to deliver project water to newly developed lands. Tasks include criteria
setting, aqueduct hydraulics, operational regimes, water delivery, design of flow control
structures, automation, canal design, and construction logistics.
Hydrologic Modeling
Assisted in developing hydrologic models for the Comprehensive Water Management Plan
(CWMP) for Northern Palm Beach County, FL. This project is a cooperative effort between the
City of West Palm Beach (City) and the South Florida Water Management District (SFWMD).
The overall objective of this regional planning effort is to develop a comprehensive water
resources management plan that optimizes how rainfall- derived surface water is captured,
routed, and stored within the region's integrated system of canals, wetlands, and surface water
impoundments and lakes. Responsibilities involved developing hydrologic models associated
with Loxahatchee Slough restoration, Water Catchment Area water supply, and flood control
enhancement in the Southern L-8 Basin. Phase 2, initiated in January 1998, includes working
closely with all affected stakeholders in developing management alternatives and applying the
analytical tools developed to date to assess the water balance effects of adding facilities such as
above- or below - ground storage (reservoirs or ASR), new conveyance systems, and water
control structures. Interbasin transfers and reuse of reclaimed water are under evaluation as
mechanisms for providing "new water" to augment water supplies for this subregion of the
Lower East Coast (LEC) planning area in South Florida. Responsibilities for Phase 2 include
processing the hydrologic model runs that evaluate the management alternatives, preparing
model output for presentation and assist in facilitating meetings with the stakeholders.
OFB/15680.doc
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For a cooperative effort between the South Florida Water Management District (SFWMD) and
the Palm Beach County Water Utilities Department (PBCWUD), used spreadsheet models to
determine the size and cost of reservoir scenarios. Responsibilities involved analyziug historical
flow and rainfall data as input for the modeling. These calculations were used to evaluate
surface -water reservoir alternatives as part of the Integrated Water Resources Strategy (IWRS)
for Southeastern Palm Beach County, FL. The IWRS involved the development of a plan element
for sustaining and /or improving the existing flood control and water supply services for the
urban and agricultural areas of southeastern Palm Beach County, while also coordinating with
regional ecosystem enhancement and land use planning efforts. This integration of water
resources technologies was based on consensus decisions from a diverse group of stakeholders.
These stakeholders were part of a technical advisory committee (TAC), which was created to
guide and advise the project team as the technologies and strategies were developed. Examples
of the technologies considered include conservation, Surficial aquifer water supply and
conventional water treatment, Floridan aquifer water supply and membrane treatment,
irrigation and constructed wetlands for reclaimed water use, deep water reservoirs for the
storage of excess stormwater and ASR. Participated on the project team that interacted with the
TAC and also utilized a commercially available software package to aid in the decision making
process.
Hydrology
For Chevron's remediation site in Port Arthur, Texas, determined drainage areas for a baseline
hydrology study. The Port Arthur Refinery is a 3,800 -acre, 90- year -old facility that at one time
was the largest refinery in the world. As the owner of the facility from 1984 to 1995, Chevron
maintained a significant portion of the environmental liability associated with past practices.
Responsibilities included cataloging and determining hydraulic characteristics of an internal
stormwater system at the refinery. This information will be used to improve stormwater
management and maintenance practices to prevent habitat establishment and /or use of certain
areas by wildlife in dose proximity to refinery operations.
Other Experience
While with other employers, Ms. Miller performed environmental site assessments and
inspections, conducted monitor well and soil sampling, and performed concrete and soil testing
both in the field and laboratory.
Memberships in Professional Organizations
American Society of Civil Engineers
Publications
With Guetter, A.K., H. Yao, K. Brumbelow, H. Ikwut -Ukwa, K.P. Georgakakos, and A.P.
Georgakakos. "Low Frequency Variability of the Nile River Flow." Georgia Institute of
Technology, School of Civil and Environmental Engineering. September 1996.
DFB/15680.doc
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1�1
Shondra Michelle Neumeister
Water Resources Engineer
Education
M.S., Civil/ Environmental Engineering, University of Miami
B.S., Engineering Analysis, Clemson University
Professional Registrations
Engineer -in- Training: South Carolina
Relevant Experience
CH2M HILL
Ms. Neumeister is a water resources engineer for project management, designing and
completing water quality monitoring programs, report writing and submittal preparation
for Federal and State agencies, preparing and presenting work progress updates,
coordinating subconsultant work efforts, and completing QA /QC reviews and evaluations.
Project Experience
Ms. Neumeister has completed several projects for the Town of Highland Beach. Among
them are a stormwater evaluation and administration of the Towns NPDES permit
activities. The stormwater evaluation included estimating the peak runoff volume along
State Road A1A and the Towns auxiliary streets, coordinating soil boring and percolation
testing, evaluating the condition and capacity of the drainage system existing along the
auxiliary streets, and providing drainage system design recommendations and a
preliminary cost estimate. As part of the administration of the NPDES permit activities for
the Town, Ms. Neumeister has trained personnel in dry weather sampling of outfalls,
developed various maintenance programs, developed public education materials, assisted
the Town with the implementation of permit requirements, and has prepared the required
yearly reports for submittal to the Environmental Protection Agency.
Ms. Neumeister has also been involved with projects for the South Florida Water
Management District. These include the Stormwater Treatment Area (STA) 3/4 project and
the Cypress Wetlands project. As a member of the STA 3/1 team, Ms. Neumeister was
responsible for completing the two - dimensional hydraulic modeling for the STA and the
downstream water conservation area and proposing design modifications based on the
modeling results. For the Cypress Wetlands project, Ms. Neumeister completed a hydraulic
analysis of the proposed system design and obtained equipment cost estimates.
Ms. Neumeister also participated in projects for Palm Beach County. For Green Cay
Wetlands project, Ms. Neumeister designed the required stormwater retention areas,
including a retention basin to prove water quality treatment and contain runoff from the
Nature Center and swales around the perimeter of the project area to address runoff from
the perimeter berm and sections of adjacent highways. As part of the Agricultural Reserve
Area project team, Ms. Neumeister participated in developing conceptual land management
approaches and evaluated these approaches, using value -based decision modeling, against
criteria and goals set forth by the County.
oMIM.00c
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For Seacoast Utilities, Ms. Neumeister completed an evaluation of the utility's existing
stormwater system at the PGA Wastewater Treatment Plant to determine the impact of
proposed expansions of the stormwater requirements and existing capacity. She
recommended various modifications to the stormwater system to address the water quality
and quantity requirements associated with the increased runoff from the planned expansion
activities.
Ms. Neumeister has completed two stormwater projects for the City of Ft. Lauderdale. For
the first project, Ms. Neumeister evaluated the conveyance characteristics for a section of
stormwater drainage system to determine if claims of increased flooding due to stormwater
system modification could be validated. In the second project, she completed a corridor
analysis and modified contract documents for the construction of a stormwater sewer
system She also responded to requests for information and assisted with the evaluation of
bids.
For the American Water Works Association Research Foundation (AWWARF), she provided
project management including coordination of nine contributing agencies, subconsultants,
and laboratories for a $630,000 project. Ms. Neumeister developed raw water sampling
program and standard operating protocols for sample collection, and trained and
supervised four staff members in sampling techniques and analysis, including those for
Giardia lamblia and Cryptosporidium spp.
For the City of Boca Raton, Ms. Neumeister assisted with the design and startup of
pretreatment pilot testing. Specifically, she operated pilot test trains, collected test data, and
analyzed results. In addition, she assisted in the reconfiguration and /or modifications to the
pilot test trains. Her duties also included completing raw water data analysis and preparing
a water use permit.
Ms. Neumeister also provided project management for Groundwater Under the Direct
Influence of Surface Water's (GWUDI) water quality monitoring program ($200,000),
including coordination of subconsultants and laboratories. Ms. Neumeister assisted in the
development of a raw water sampling program and developed standard operating pro-
tocols for sample collection. She trained and supervised seven staff members in sampling
techniques and analysis, including those for Giardia lamblia and Cryptosporidium spp., and
collected and analyzed samples for various physical parameters. In addition, she prepared
and presented project summaries and reports to client, and assisted in the preparation of
State regulatory submittals. r
For the U.S. Army Corps of Engineers, Ms. Neumeister updated their water treatment
manual to include technical overviews and design guidelines for the construction and
operation of various types of membrane facilities.
Ms. Neumeister was involved in an Information Collection Rule (ICR) Pilot Study, where
she assisted in the completion of pilot scale tests to evaluate the feasibility of implementing
ozone and granular activated carbon (GAC) technologies to control the formation of
disinfectant by- products (DBP) and haloacetic acids (HAA). She prepared an ICR report for
submittal to the Environmental Protection Agency (EPA). In addition, Ms. Neumeister
prepared Water Treatment Plant Optimization Evaluations reports for submittal to the EPA
after conducting tracer tests to determine compliance with the Surface Water Treatment
OFBl15M.000
•
Rule (SWTR). She assisted in filter performance evaluations and recommended upgrade
procedures.
Ms. Neumeister served as Project Engineer, where she assisted in proposal development,
writing reports, coordinating subconsultant work efforts, developing project budgets,
projecting project work loads, completing QA /QC reviews and evaluations, and performing
life cycle cost analyses and cost estimates. In the area of stormwater treatment, Ms.
Neumeister assisted in levee, canal, and water control structure design for the construction
of a 6,440 acre stormwater treatment area in the Everglades. She completed flow modeling
for the area using XP -SWMM, coordinated technical review of specifications, and provided
technical review of drawings and specifications. Ms. Neumeister also coordinated technical
review of specifications for construction of both a 3,200- and a 2,900 -cfs pumping station. In
this capacity, she provided technical review of project drawings and specifications as well as
assisted with design modifications.
Ms. Neumeister has extensive experience with the Miami -Dade area's water and wastewater
facilities. She has completed water quality, rainfall, stage and flow data evaluation and
developed alternative design evaluation criteria for the 8.5 Square Mile Area, Dade County.
She completed corridor analysis for a reuse pipeline and met with officials involved with
design and permitting of the pipeline. She evaluated the feasibility of increasing reuse water
usage at many Miami -Dade Water and Sewer Department (MDWASD) wastewater
treatment plants (WWTP), and conducted bench scale studies and completed data analyses
to identify optimal chlorine dosing requirements at various MDWASD WWTPs. In addition,
she performed a feasibility study /economic analysis for sludge incineration alternatives,
where she contacted vendors and received bids for sludge incineration equipment,
presenting her findings to MDWASD.
•
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STANDARD AGREEMENT FOR PROFESSIONAL SFRVICES
CH2M HILL's Office Address: 800 Fairway Drive, Suite 350, Deerfield Beach, FL 33441
Project Name: Miscellaneous Services CH2M HILL Project:
Client: City of Palm Beach Gardens
Address: 10500 North Military Trail
Palm Beach Gardens, FL 33410
CLIENT requests and authorizes CH2M HILL to perform the following services:
• . This agreement will serve to guide conditions of work between CH21A HILL and the City of Palm Beach Gardens, Florida.
Specific work items and schedules will be developed in task orders and negotiated independently.
kK•����•i��t r ur•r�� by CLIENT to CH2M HILL will be on the basis of:
Compensation will be in the form of lump sum payment based on a negotiated scope of work. Level of effort and
Compensation will be unique to each task order and will be negotiated independently.
k•3i rao[adolt --im
The terms of this agreement will be guided by individual task orders. This standard agreement and the
Executed task orders will collectively become the contract documents.
Services covered by this AGREEMENT will be performed In accordance with the Provisions and any attachments or
schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written
amendment executed by both parties.
CLIENT: CH2M HILL, INC.:
Signature Signature
Name (printed) Name (printed) Thomas McCormick
Title Title Vice President
Date Date
FORM124
REVISED: 7197
X
PROVISIONS
1. Authorization to Proceed
Execution of this AGREEMENT by CLIENT will be authorization for
CH2M HILL to proceed with the services, unless otherwise provided
for in this AGREEMENT.
2. Salary Costs
9
CH2M HILL's Salary Costs, when the basis of compensation, are the
amount of wages or salaries paid CH2M HILL employees for work
directly performed on the Project plus a percentage applied to all
such wages or salaries to cover all payroll - related taxes, payments,
premiums, and benefits.
3. Per Diem Rates 10.
CH2M HILL's Per Diem Rates, when the basis of compensation, are
those hourly or daily rates charged for work performed on the Project
by CH2M HILL employees of the indicated classifications. These
rates are contained in the COMPENSATION section on page 1 and
are subject to annual calendar year adjustments_
4. Affiliated Companies
Work performed under this AGREEMENT may be performed using
labor from affiliated companies of ENGINEER. Such labor will be
billed to OWNER under the same billing terms applicable to
ENGINEER's employees.
5. Subcontracts and Direct Expenses
•
6.
When SERVICES are performed on a cost reimbursement basis, a
markup of _5 percent will be applied to subcontracts and
outside services and a markup of _0_ percent will be applied to
Direct Expenses. For purposes of this AGREEMENT, Direct
Expenses are defined to include those necessary costs and charges
Incurred for the Project including, but not limited to: (1) the direct
costs of transportation, meals, lodging, mail, shipping, equipment and
supplies; (2) CH2M HiLL's current standard rate charges for direct
use of CH2M HILL's vehicles, laboratory test and analysis, printing
and reproduction services, and certain field equipment; and (3) CH2M
HILL's standard project charges for computing systems, special
health and safety requirements of OSHA, and telecommunications
services.
All sales, use, value added, business transfer, gross receipts, or
other similar taxes will be added to CH2M HILL's compensation when
invoicing CLIENT.
Cost Opinions
Any cost opinions or Project economic evaluations provided by CH2M
HILL will be on a basis of experience and judgment, but, since CH2M
HILL has no control over market conditions or bidding procedures,
CH2M HILL cannot warrant that bids, ultimate construction cost, or
Project economics will not vary from these opinions.
7. Standard of Care
The standard of care applicable to CH2M HILL's services will be the
degree of skill and diligence normally employed by professional
engineers or consultants performing the same or similar services at
the time CH2M HILL's services are performed. CH2M HILL will
reperforn any services not meeting this standard without additional
compensation.
B. Termination
This AGREEMENT may be terminated for convenience on 30 days'
written notice or if either party fails substantially to perform through no
fault of the other and does not commence correction of such
nonperformance within 5 days of written notice and diligently
complete the correction thereafter. On termination, CH2M HILL will
be paid for all authorized work performed up to the termination date
plus termination expenses, such as, but not limited to, reassignment
of personnel, subcontract termination costs, and related closeout
costs.
FoRM124
REVISED: 7/97
Payment to CH2M HILL
Monthly invoices will be issued by CH2M HILk for all Services
performed under this AGREEMENT. CLIENT shall pay each invoice
within 30 days. Interest at a rate of 1 -1/2 percent per month will be
charged on all past -due amounts.
In the event of a disputed billing, only that disputed portion will be
withheld from payment, and the undisputed portion will be paid.
CLIENT will exercise reasonableness in disputing any bill or portion
thereof. No interest will accrue on any disputed portion of the billing
until mutually resolved.
Limitation of Liability
CH2M HILL's liability for CLIENTS damages will, in the aggregate,
not exceed the value of this Contract. This Provision takes
precedence over any conflicting Provision of this AGREEMENT or
any document incorporated into it or referenced by it
This limitation of liability will apply whether CH2M HILL's liability
arises under breach of contract or warranty; tort, including
negligence; strict liability; statutory liability; or any other cause of
action, and shall include CH2M HILL's officers, affiliated corporations,
employees, and subcontractors.
11. Severability and Survival
If any of the provisions contained in this AGREEMENT are held
illegal, invalid or unenforceable, the other provisions shall remain In
full effect. Limitations of liability shall survive termination of this
AGREEMENT for any cause.
12. No Third Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone other than
CLIENT and CH2M HILL and has no third party beneficiaries except
as provided in paragraph 10.
13. Materials and Samples
Any Items, substances, materials, or samples removed from the
Project site for testing, analysis, or other evaluation will be returned to
the Project site unless agreed to otherwise. CLIENT recognizes and
agrees that CH2M HILL is acting as a bailee and at no time assumes
title to said items, substances, materials, or samples. CLIENT
recognizes that CH2M HILL assumes no risk and/or liability for a
waste or hazardous waste site originated by other than CH2M HILL
14. Assignments
Neither party shall have the power to or will assign any of the duties
or rights or any claim arising out of or related to this AGREEMENT,
whether arising in tort, contract or otherwise, without the written
consent of the other party. Any unauthorized assignment is void and
unenforceable.
15. Integration
This AGREEMENT incorporates all previous communications and
negotiations and constitutes the entire agreement of the parties. If
CLIENT issues a Purchase Order in conjunction with performance of
the Services, general or standard terms and conditions on the
Purchase Order do not apply to this AGREEMENT.
16. Force Majeure
If performance of the Services is affected by causes beyond CH2M
HILL's reasonable control, project schedule and compensation shall
be equitably adjusted.
17. Dispute Resolution
The parties will use their best efforts to resolve amicably any dispute,
including use of alternative dispute resolution options.
18. Changes
Client may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect CH2M HILL'S
cost of or time required for performance of the services, an equitable
adjustment will be made through an amend
AGREEMENT. , •
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TECHNICAL MEMORANDUM C142MHILL
Unit 19 - Review of Proposed Stormwater System
Improvements
Rox4ne Manning / City of Palm Beach Gardens
PREPARED FOR:
PREPARED BY: Rick Olson
COPIES: Steven Cramer / City of Palm Beach Gardens
Glenn Miller / Miller Engineering
Shondra Neumeister / CH2M HILL
Fair Miller / CH2M HILL
DATE: September 21, 2000
C112M HILL was retained by the City of Palm Beach Gardens (City) to perform a review of
proposed stormwater improvements to Unit 19 and the surrounding, contributing areas
within northern Palm Beach County. The following Technical Memorandum (TM) provides
a summary of the authorization provided by the City to conduct the work, a brief summary
of our-contracted scope of work, a summary of the information reviewed, and our findings
and concerns related to the proposed improvements.
Authorization
On June 26, 2000, CH2M HILL met with Mr. Glenn Miller (Miller Engineering) in response
to a Request for Q- alifications issued by the City for an Engineering Evaluation of the Unit
19 Improvement Plan. CH2M HILL submitted a Proposal for Engineering Services (Scope)
with a Standard Agreement for Professional Services (Contract) on June 30, 2000. The City
accepted the recommendation of Mr. Miller to hire CH21A HILL to conduct the proposed
work. On July 26, 2000, Mr. Steven Cramer of the City's Planning Department executed the
Scope and Contract. `
Scope of Service
As defined in our Scope, CH2M HILL recommended that this project be broken into three
tasks including Task A - Kick -Off Meeting, Task B - Model and Design Evaluation, and Task
C - Preparation of a Memorandum of Findings. This section summarizes the activities
conducted as part of Tasks A and B to support the findings presented later in this document.
Task A — Kick -off Meeting — On July 31, 2000, a kick -off meeting was conducted at the
administrative offices of the City. The meeting was attended by Ms. Tracey Robb (Northern
Palm Beach County Improvement District [NPBCID]), Mr. Mark Williams (Southern Design
Group), Mr. Glenn Miller (Miller Engineering), Ms. Shondra Neumeister (CH2M HILL) and
Mr. Rick Olson (CH2M HILL). During the meeting, Mr. Williams provided a history of
Unit 19, an organization understanding of the interactions of the various consultants and
owners, and a summary of the proposed improvements. During the meeting CH2M HILL
prepared a request for information of various reports, modeling input /output, design
Offir MO921oo.DOc
UNIT 19 • REVIEW OF PROPOSED STORMWATER SYSTEM IMPROVEMENTS
drawings, and correspondence. Following the meeting, Ms. Robb guided Ms. NEUmeister
and Mr. Olson around the Unit 19 boundaries and the locations of the proposed
improvements. Ms. Robb provided the requested documents to CH2M HILL on August 3,
2000. • ' -
Task B - Model and Design Evaluation - The following documents were reviewed during
Task B:
0 Unit 19 Regional Center - Neighborhood Meeting May 31, 2000 (Power Point
Presentation)
• Master Surface Water Management System Re- evaluation for Developed Condition
(Southern Design Group - October 1999) without Attachments
• Unit of Development No. 19 Drainage Basin Study Update (Mock, Roos & Associates,
October 17,1999) without Attachments
• East Basin and West Section of Meadows Mobile Home Park Drainage System Analysis
(Gee & Jenson, October 12,1999) without Attachments
• THE GRANDE at Palm Beach Gardens Stormwater Management System - Design
Drawings (Gee & Jenson, July 2000)
0 Lake Modifications for The Grande at Palm Beach Gardens - Design Drawings (Gee &
Jenson, April 2000)
• AdICPR Modeling input and output for existing and proposed conditions (most current
version as of August 4, 2000)
• Meadows Mobile Home Park Drainage System Analysis (Gee & Jenson, June 2,1999)
0 Unit of Development No. 19 Drainage Basin Study Update (Mock, Roos, & Associates,
October 17,1999)
• Request for Information (RFI) -1 from SFWMD - November 24,1999
• Response to SFWMD RFI -1- Letter from Gee & Jenson to SFWMD, January 6, 2000
• RFI -2 from SFWMD - February 18, 2000
r
• Response to SFWMD RFI -2 - Letter from Mock, Roos & Associates, April 21, 2000
• Response to SFWMD RFI -2 - Letter from Gee & Jenson, April 7, 2000
• Response to SFWMD RFI -2 - Letter from Southern Design Group, April 22, 2000
• RFI -3 from SFWMD - May 25, 2000
• Staff Report from SFWMD, July 17, 2000
Evaluating the model and design was the primary work activity of this project. Following
the kick -off meeting and the receipt of the requested files, CI-12M HILL evaluated the
modeling assumptions, input parameters, design storm conditions, and the pre- and post-
development runoff calculations. The task included a review of the receiving water
DFBITUO92100 -DOC 2
UNIT 19 - REVIEW OF PROPOSED STORMWATER SYSTEM IMPROVEMENTS
elevation, rainfall duration and intensity, finished floor and crown -of road elevatibns, and
the accurate selection of curve number to match the post - development scenarios.
CH2M HILL accepted as accurate the data provided, the planned project developments, and
the specific data relating to areas, elevations, and gradients. C112M HILL did not run the
AdICPR model as part of this evaluation and accepted the modeling output as correct.
Following the review of the model, CH2M HILL reviewed the design drawings for Basins 3
and 4 prepared by Gee & Jenson as well as the Construction Program, First Phase, and
Master Water Management and Roadway System drawings prepared by Southern Design
Group, Inc., for the Northern Palm Beach County Improvement District (NPBCID). The
designs were evaluated for consistency with the modeling predictions of the post-
development conditions, the SFWMD permit conditions, and to confirm that existing and
proposed conditions were accurately reflected. The review of the design drawings did not
include a constructability evaluation, a value engineering analysis, or a hydraulic or
structural analysis.
Task C - Technical Memorandum - The finding of the reviews of the modeling and design
drawing components are summarized below. A meeting was held on September 12, 2000
with the following persons attending: Ms. Tracey Robb, Mr. Mark Williams, Mr. Glenn
Miller, Mr. Pat Kirby (Mock, Roos and Associates), Mr. John Callaghan (Gee and Jensen),
and Ms. Shondra Neumeister (CH2M HILL). A draft version of this memorandum was
presented at this time, and comments shown in italics are responses presented at that
meeting to the findings.
Modeling
1. Some slight discrepancies exist between land areas presented in the modeling reports
and the AdICPR input files for Nodes MALL 1, MALL 2, and MALL-3. Total area,
however, appears consistent.
- These are internal nodes to the model and do not impact overall model results.
2. The Curve Number (CN) for PRESERV Node is inconsistent between the report (CN -39)
and the AdICPR input for existing conditions (CN -79). The discrepancy appears to be
conservative.
- The curve number in the report reflect original model input data. This curve number was
modified during calibration of the model and yields more conservative results.
3. For proposed conditions, modeling report indicates a CN of 79 for Node PRESERV,
while the AdICPR input file indicates a CN of 82. The inconsistency appears to be
conservative.
- The curve number in the report reflect original model input data. This curve number was
modified during calibration of the model and yields more conservative results.
4. The design storm for Basin 3 is inconsistent. Some portions (sub basins) for the design
reflect 100 -year storm conditions while other sub basins are designed for a 25 -year storm
event (or less). Sub basin MALL_3SB is provided with a southern berm elevation of 10.0
DFB/i1M092100.DOC
UNIT 19 - REVIEW OF PROPOSED STORMWATER SYSTEM IMPROVEMENTS
y �
feet while the 25 -year 3 -day rainfall event produces a stage elevation of 10.19 Let. It is
unclear why the berm elevation was chosen below the 25 -year stage elevation.
- The City of Palm Beach Gardens has specifically required the improvements within the basin
areas to be based upon a 100 -year, 3 -day storm event. However, they have allowed sheet flow to
PGA Boulevard for anything greater than a 25 -year, 3 -day storm. Perimeter berm elevations for
Basin 3 were derived from model results for the maximum stage. Since it was assumed that the
lake elevations drive the maximum stage, lake levels rather than maximum-stage value at the
node closest to the particular area of concern was used to determine berm elevation.
5. Contributing flow entering Basin 3 from the south side of PGA Boulevard is based on
the 25 -year event while the Unit 19 design is based upon a 100 -year event.
- Based upon previous permits, the South Florida Water Management District (SFWMD)
requires the project area to accept only the flow from a 25 -year, 3 -day storm event (61 cfs). This
flow value, however, was not defined as a fixed value in the modeling. Therefore, as the design
storm frequency changed so did the amount of off -site discharge entering the project area.
Improvements were based upon modeling results that considered a higher amount of off -site
discharge to the area and are conservative in nature.
6. It is unclear how the 100 -year maximum stage elevation (10.9 feet) was determined for
Basin 3. It appears that this value is an area - weighted average elevation for the
contributing sub - basins. If this is the case, it must be assumed that that there are no
physical impediments to prevent surface water from reaching a uniform elevation
throughout Basin 3. Sufficient information was not provided to support this assumption.
- The maximum stage elevation for Basin 3 does not consider level pooling, but instead
assumes that the lake elevations drive the maximum stage. Lake levels rather than maximum
stage value at the nodes closest to the particular areas of concern were used to determine berm
elevation.
7. Although the model indicates Basin 4 is meeting the allowable discharge criteria and is
below the proposed berm elevation, there is a concern that significant ponding (at depth
of up to 3.5 feet above ground surface) may exist following the 100 -year design storm.
At a maximum bleed down rate of 6.5 cubic feet per second (cfs), ir'may take up to a
week for surface water elevations to reach their control elevations.
- The calculated bleed down rate was based on a fixed discharge structure configuration.
Subsequent to the review, NPBCID decided to utilize an operable discharge structure.
Additionally, the calculated bleed down rate did not consider percolation rates. Since the control
elevation within the basin has been lowered to 3.5 and the soils in the area have been shown to
have good hydraulic conductivities, percolation should also reduce the bleed down rate.
8. Basin 4 is in effect being used as a large retention pond. During a 100 -year storm, the
stage elevation may reach 8.5 feet NGVD. As a result, the proposed improvements
include a perimeter berm and finished floor elevations at an elevation of 9.0 feet NGVD.
Although CH2M HILL did not have a copy of the design plan for the proposed
residential developments within Basin 4, it is our understanding that a substantial
number of buildings are proposed. To achieve the required elevations, building pads
will be necessary that will, in effect, remove a significant volume from the proposed
storage capacity of the basin. As part of the modeling, the total storage area of Basin 4
DFINTM092100.DOC
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UNIT 19 - REVIEW OF PROPOSED STORMWATER SYSTEM IMPROVEMENTS
was reduced from 45 acres to 37 acres. This may not be sufficient to reflect the total loss
of storage eliminated by the building pads, roads, and other supporting structures.
- This comment will be reviewed. Additionally, a condition of development will be
implemented requiring that stage /storage /area conditions to be met.
Design Review
During the review, CH2M HILL reviewed some drawings provided by NPBCID and Gee &
Jensen. The drawings appear appropriate only for permitting purposes and appear
inadequate for directing construction activities. The following concerns were identified
during the review of the drawings provided. In the previously discussed meeting, it was
confirmed that the NPBCID drawings were for permitting purposes only and the Gee &
Jensen drawings were conceptual plans.
1. Inconsistencies exist between control structures illustrated in the drawings and those
outlined in the SFWMD permit application.
- These inconsistencies were addressed in an addendum to the SFWMD staff report for the
permit application.
2. Information regarding the interconnection between Basins 2 and 3 is missing or
incomplete.
- This interconnection currently exists and the configuration will not be modified.
3. Additional information regarding the interconnection between the expanded 7.0 acre
lake within Basin 3 and the Control Structure 3 is needed.
- This information will be provided in the construction drawings.
4. The interior of Basin 2 appears to be entirely bermed leaving no inlet to receive flow
from the southern portion of the basin.
- The berm was designed to prevent short - circuiting through Basins 1,72, and 3. There is •a
stormwater sewer system that connects the southern portion of Basin 2 to the 2.18 acre lake in the
northern portion of the Basin 2 that is not depicted on the drawings.
5. Control elevation in Basin 3 should be 4.5 feet not 4.3 feet (Gee & Jenson drawings sheet
C -1— Drainage Information).
- This information will be corrected to 4.5 feet in the construction drawings.
6. Perimeter berm elevations in Basin 3 is given as 11.5 feet which conflicts with the
NPBCID elevation of 11.4 feet.
- This information will be corrected to 11.4 feet in the construction drawings.
7. Culvert system on Lone Pine Road: — Gee & Jenson drawings illustrate 48 -inch RCP
while NPBCID drawings and SFWMD permit application indicate 36 -inch.
DF&W092100.130C
UNIT 19 - REVIEW OF PROPOSED STORMWATER SYSTEM IMPROVEMENTS
- This information will be corrected (on the NPBCID drawings) to-48-inches to reflect model
results.
8. Regraded road elevation on Lone Pine Road: — Gee & Jenson drawings•call. for 8.6 feet
while NPBCID drawings and SFWMD permit application call for road elevation to be
8.0 feet.
- This information will be corrected to 8.0 feet in the construction drawings.
9. The configuration of Control Structure No. 4 in the design drawings is different from the
information provided in the permit application.
- This inconsistency was addressed in an addendum to the SFWMD staff report for the permit
application.
10. Control Structure S-1 receives water entering Basin 4 from the western portion of the
mobile home park. The control structure contains a "slot" with a dimension of 2.7 feet
by 0.1 feet. This opening is provided to permit the first flush of water to enter Basin 4
for water quality treatment purposes. The slot configuration should either be changed
or a protective cage added to prevent blockage.
- The configuration of this structure has been previously permitted by the SFWMD, and
another permit would have to be mod�fted in order to change the configuration of this structure.
11. On the Stormwater Management System drawings (Gee & Jenson), the drawings
illustrate two lakes interconnected by a 72 inch pipe — in other drawings this is
illustrated as a single lake.
- This apparent discrepancy is due to the phasing of the project. The lake will temporarily be a
single lake, but as the area is developed and a proposed road is constructed, the 72 -inch pipe will
connect the two lake segments.
12. On the Stormwater Management System drawings (Gee & Jenson), the detail note along
Atlantic Road should read 'Berm elevation to be 3 feet above crown of road or 11.4 feet
NGVD whichever is greater."
This information will be changed in the construction drawings.
13. On the Stormwater Management System drawings (Gee & Jenson), the locations of the
inlets along the northeast section of Basin 4 should be outside the berm within the buffer
area. No interconnections should be made between the system within and outside the
berm without an appropriate control structure.
- This information will be changed in the construction drawings.
Conclusions and Recommendations
This independent review of the current drainage plan for Unit 19 identified a number of
apparent inconsistencies between the numerous reports and plan sheets prepared by the
various groups involved in developing the plan. A review meeting clarified most of the
inconsistencies. In most cases, the remaining inconsistencies are not considered likely to be
significant problems likely to affect the success of the proposed plan in terms of alleviation
DF81TM092100.DOC 6
•
•
UNIT 19 - REVIEW OF PROPOSED STORMWATER SYSTEM IMPROVEMENTS
of historical flooding in Unit 19. This TM identifies the items found that are considered
worth further investigation. We recommend that the following items be addressed:
1. Re- evaluate the maximum stage elevation of Basin 3. Document that sufficient
interconnections between the sub - basins are present to allow for lake elevations to drive
maximum stage elevations. Also, confirm that the proposed perimeter berm elevations
are sufficient to prevent sheet flow to the north.
2. Re- evaluate the post development storage capacity of Basin 4. Re- evaluate the loss of
storage produced by building pads and roads.
3. Re -visit the consistency of land use within Basin 4. Storage of significant volumes of
water within the Oak Preserve may have detrimental impacts on vegetation and habitat.
0FBRM092100.DOC
7
•� CH21VIHILL
June 30, 2000
20218.01
Mr. Glen A. Miller, P.E.
Miller Engineering
12773 Forest Hill Boulevard, #200
Wellington, FL 33414
CH2M HILL
-W Asbora Executive Center North
800 FaiTay Drive
Suite 350
Deerfield Beach. FL
33441 -1831
Tel 954.426.4008
Fax 954.698.6010
Subject: Engineering Evaluation of Unit 19 Improvement Plan - City of Palm Beach
Gardens, Florida
Dear Mr. Miller:
It was a pleasure meeting with you on Tuesday, June 27th to discuss the evaluation of Unit
19 in the City of Palm Beach Gardens. CH2M HILL is pleased to submit the following letter
of interest for engineering services . Attached is an outline of the proposed scope fo
services, a budget not -to- exceed lump sum cost estimate, a copy of our standard agreement
for engineering services, resumes for the proposed project staff, and selected project
descriptions highlighting completed drainage and surface water management projects in
the immediate area.
If you have any questions regarding this letter of interest or the attachments, please feel free
to contact me at (954) 426 -4008. If the City is preapred to accept this proposal, pleasae have
two (2) copies of the proposal and Standard Agreement executed by the appropriate City
representatives and returned to me; I will have these signed and an original returned to you
for the City's administrative records.
Sincerely,
CH2M HILL
Rick Olson, P.E.
Senior Water Resources Engineer
DFB \ Document3
c: Steve Gong /DFB
Mitch Griffin / GNV
Relevant Project Experience '
City of Miami Beach, Florida
CH2M HILL has been the drainage consultant for the City of Miami Beach since 1993.
During this period, CH2M HILL has prepared a comprehensive Master Plan identifying 37
problem areas within the City and proposing drainage solutions. CH2M HILL is currently
working with the City to prioritize, schedule, and finance drainage improvements that will
total approximately $70 million. CH2M HILL has been involved in all aspects of drainage
planning for the City including conducting drainage studies, preparing plans for City
implementation, preparing plans for contractor bidding, reviewing plans prepared by other
consultants (for both public and private projects), and assisting the City with compliance
issues with Miami -Dade County's NPDES Permit. CH2M HILL has completed four
regional designs for the City including those for South Pointe, Allison Island, Pennsylvania
Avenue, and Sunset Harbour. Each of these design solutions addressed flooding and water
quality issues and incorporated positive outfalls, drainage wells, exfiltration trenches, and
management practices to reduce flooding and to improve water quality being discharged
into Biscayne Bay.
Pratt.S Whitney, West Palm Beach, Florida
CH2M HILL prepared a design and permit for on site drainage for Test Stand E -5 rocket
engine test facility. The client requested a simple, low maintenance stormwater
management system that was in compliance with their off site surface water permit.
CH2M HILL prepared designs for a series of grass swales, a 0.5 -acre retention pond, and a
permitted overflow into a managed wetland. The project consisted of preparing design
drawings, specifications, and a permit application to the SFWMD. The permit for the
facility was granted in 1998.
Development of the Northern Palm Beach County Comprehensive Water Management
Plan.
CH21A HILL performed a study to evaluate surface water management options for a 200 -
square mile portion of Palm Beach County. The study's focus was the existing and future
movement of water in and out of the West Palm Beach Water Catchment Area (WCA) from
the L -8 Basin and to the Loxahatchee Slough. The study evaluated the viability of accepting
water from the Indian Trail Improvement District and discharged stormwater from future
development projects. The study also assessed the water quality and environmental impacts
to the WCA based on long -range water demands, and assessed the viability of transferring
water to the C -51 Canal and the Loxahatchee Slough. Backpumping of excess stormwater
from the Jupiter Farms area (South Indian River Water Control District) was also included.
Many of the land areas included within the study area fall into the boundaries of the
Northern Palm Beach County Improvement District. CH2M HILL's services include:
• Identify additional water supply sources, inflow rates, and locations based on future
land use data, L -8 and Loxahatchee Slough studies, and available hydrologic, hydraulic
and environmental information.
• Develop alternative plans '
• Develop and run hydrologic, hydraulic (UNET), and water quality models to assess the
water quantity and quality impacts from proposed management options
• Assess the water supply benefits of accepting additional stormwater into the WCA from
existing and future development, and from external sources
During Phase 1 of the program, CH2M HILL developed the modeling tools needed to
support future alternatives analyses, and worked closely with a Technical Advisory
Committee (TAC) consisting of water management and environmental resource
management stakeholders. During Phase 2, CH2M HILL facilitated stakeholder input
during options development, developed and applied a decision analysis model, and
evaluated the water supply, ecosystem restoration, and flood control benefits of proposed
options. This information is to be used in long -term plan formulation. The findings of Phase
2 were used by SFWMD as contributions to alternatives for this study area that were
included in the USACE Restudy.
Palm Beach County Green Cay Wetlands
CH2M HILL prepared stormwater conveyance and retention pond designs and permits for
Palm Beach County's Green Cay Wetlands Project. The retention ponds provided water
quality treatment and runoff storage from the Nature Center and parking areas within the
complex. The drainage system was designed to keep access roads passable during design
storm conditions and to prevent off -site discharge. The retention pond was designed with
an emergency spill-way to the managed wetlands. The project was completed in 2000.
City of Boca Raton, Florida
In 1992, the City of Boca Raton, Florida hired CH2M HILL as a team member to assist in
preparing a sub - element for Palm Beach County's NPDES Permit application. CH2M HILL
assisted the City with preparing the permit application, responded to comments, and
reported stormwater operational practices to Palm Beach County and USEPA. After the
NPDES permit was issued to Palm Beach County in 1995, CHZM HILL assisted the City of
Boca Raton by developing a stormwater management program that identified problem
areas within the City. CH2M HILL prepared a study of the Hidden Valley Neighborhood
and developed an approach to improve drainage and negotiate emergency discharge to the
C -15 Canal.
Town of Highland Beach, Florida
CH2M HILL began assisting the Town of Highland Beach with drainage issues in 1997. Our
first assignments included assisting the Town with NPDES compliance issues and
submitting the Annual sub - element for the County -wide NPDES Report. CH2M HILL
assisted the City by developing monitoring and reporting plans, developed a public
information program to assist residents with protection of the MS4, and prepared a manual
for implementing maintenance procedures. In 1999, CH2M HILL prepared an evaluation of
the drainage system capacity for SR AlA and all of the minor roadways in Highland Beach.
The report identified problem areas within the Town and suggested methods of alleviating
drainage problems. Of special concern was the SR AlA corridor that is maintained by
FDOT. In 2003, the FDOT plans to widen SR AlA without providing drainage
4 -
improvements. CH2M HILL quantified the increased runoff that would result and
suggested improvements (including swales and drainage wells) to alleviate anticipated
drainage problems. CH2M HILL is currently working with the Town, FDOT, and the FDOT
drainage consultant to incorporate drainage improvements into the SR A1A roadway
improvement plan.
Stormwater Master Plan for the C -8 and C9 Basins
At the request of Miami -Dade County, CH2M HILL completed a stormwater management
plan for the Department of Environmental Resources Management (DERM) that included
an evaluation of the water quality and flooding control alternatives. Technologies evaluated
included wet ponds, infiltration /storage systems, and street sweeping. Using a
optimization modeling approach, we estimated long -term pollution control performance for
each technology under a range of operating scenarios. Initially, we evaluated planning area
flood hydrology and estimated average annual stormwater pollutant loads. We then
identified and ranked water quality and flooding problem areas and evaluated stormwater
management options to develop practical, affordable reductions in the pollutant loads
entering the receiving waters.
City of Ft. Lauderdale, Florida
CH2M HILL completed an expansion of the drainage system within a 65 -acre area within
the Northwest Industrial Area in Ft. Lauderdale, Florida. The existing storm sewer system
was undersized and was not served by a positive outfall; therefore the area was subject to
flooding during storm events. Connection to an existing positive outfall was infeasible;
therefore, the proposed storm sewer improvements included the installation of exfiltration
trenches in the City owned right -of -way as well as the addition /replacement of several
catch basins. The project required a variance from Broward County since it was located
within a wellfield zone of protection. CH2M HILL prepared the ERP permit application for
both Broward County and the South Florida Water Management District and assisted in the
completion of a variance application. The project was permitted in 1998 and constructed in
1999.
•
Steven W. Gong
Water Resources Planner
Education
M.S., Zoology, University of Florida
B.A., Biological Sciences, University of Delaware
Distinguishing Qualifications
- iF-
r
CH2M HILL
• Facilitation of water resources management planning programs/ workshops.
• Over 20 years experience in state and federal permitting and compliance monitoring of
wastewater and stormwater discharges to lakes, rivers, estuaries, and coastal waters.
• Expertise in evaluating aquatic and wetland ecological system responses to pollutant
releases and physical disturbance.
• Direction of Toxicity Identification Evaluation /Toxicity Reduction Evaluation
(TIE /TRE) programs and other effluent whole effluent toxicity (WET) management
programs.
• Application of geographic information systems (GIS) analyses for environmental
planning.
Relevant Experience
Mr. Gong is an environmental scientist and planner specializing in management of the
environmental impacts of industrial and municipal wastewater discharges, reverse osmosis
(RO) or other membrane treatment facility concentrate discharges, urban and agricultural
stormwater runoff, and dredging and port-related construction on surface and groundwater
systems and biological resources. He is experienced in study design, project management,
data analysis, and technical report preparation, and in federal and state environmental
permitting programs.
Project Experience
Mr. Gong is managing development of the Comprehensive Water Management Plan
(CWMP) for Northern Palm Beach County on behalf of the City of West Palm Beach and
South Florida Water Management District. During Phase 1 of the project, hydrologic and
hydraulic models for the Southern L-8, Water Catchment Area, and Loxahatchee Slough (C-
18) Basins were developed and tested. Phase 2, which is currently ongoing, consisted of
development of a series of alternative water management strategies with the input from a
project advisory committee (PAC), and analysis of the alternatives using the modeling tools
generated under Phase 1. Initial modeling results indicated that some but not all of the per-
formance measures indicated goal achievement; additional modeling analyses are currently
being planned and the models revised in preparation for final modeling and results integra-
tion into a final plan document. As part of this project, Mr. Gong led facilitation of a series of
working meetings with the PAC. The PAC consisted of approximately 50 decision makers
representing the interests of federal, state, and local resource management/ regulatory
agencies, several municipal or county utility departments, a number of drainage districts or
community improvement districts, and environmental groups. Decision analysis software
was applied to support the group's efforts to reach consensus regarding CWMP goals and
objectives.
oFW15686.00c
•
Steven W. Gong CH2M- HILL
Mr. Gong served as a task manager during preparation of the Stormwater NPDES permit
application for the City of Miami. Mr. Gong was responsible for the Part I, Section D -
Discharge Characterization subprogram. He developed the protocol followed for the dry -
weather water quality monitoring of major stormwater outfalls within the City for potential
illicit discharges, and managed an MBE subconsultant's performance of the field survey
effort. As an element of this task, Mr. Gong provided a training workshop for the
subconsultant's staff, and also provided quality control review during project execution.
Mr. Gong designed, implemented, and managed a 8 -year program that involved
maintaining Special 298 Drainage District compliance with specific conditions contained
within FDEP permits held by the four different stormwater management districts. The
program included permitting negotiations with FDEP, surface water quality and quantity
monitoring studies, flood - control pump station calibration, surface water quality
management feasibility studies, and phosphorus control strategy evaluations. Stormwater
discharges from four drainage districts to Lake Okeechobee were monitored monthly, with
quarterly bio-logical monitoring of discharge impacts on aquatic systems. Similar services
were also provided to a confidential private client.
On behalf of SFWMD, Mr. Gong managed a multidisciplinary feasibility study of the water
supply and ancillary environmental benefits of developing conceptual surface water
reservoirs in Dade, Broward, and Palm Beach counties east of the Water Conservation Areas
and west of the highly urbanized portions of the study area basins. The studies included
hydrologic modeling, siting of conceptual reservoir facilities using a geographic information
system (GIS), conceptual reservoir design and costing, cost optimization analyses, and
identification of environmental impacts and benefits associated with the conceptual
facilities. The study was expanded to address the environmental and water supply benefits
of a regional, integrated system (the East Coast Buffer) consisting of linked marsh and
reservoir facilities coupled with Aquifer Storage and Recovery (ASR) well systems. These
studies were conducted in support of development of alternatives to be analyzed in detail as
potential elements of the District's Lower East Coast Regional Water Supply Plan.
On behalf of The Nature Conservancy, Mr. Gong managed a consensus - building planning
project directed at evaluating stakeholder willingness to cooperatively develop a new
mechanism for funding water resource and water supply projects in Palm Beach, Broward,
and Dade Counties, Florida as part of the Everglades Restoration and Lower East Coast
Regional Water Supply Planning efforts. Under this project, CH2M HILL conducted opinion
surveys, and facilitated a series of workshops related to development of a Conceptual Water
Funding Program for this region. Mr. Gong coordinated the discussions between leaders of
The Conservancy, the SFWMD, municipal and county-level utility directors, and executive
directors of selected drainage districts in these facilitated workshops.
•
•
Richard D. Olson, P.E. CH2M HILL
Stormwater Engineer /Project Manager
Education
M.C.E., Civil / Geotechnical Engineering, University of Florida
B.S., Civil Engineering, University of Florida
Professional Registrations
Professional Engineer: Florida
Distinguishing Qualifications
• Mr. Olson has been employed as a water resources engineer in CH2M HILL's Deerfield
Beach and Miami offices since 1986. For the past 5 years, Mr. Olson has acted as group
leader for Deerfield Beach's water resources group, where he has been responsible for
the staffing of up to 12 professional engineers and hydrogeologists.
• Mr. Olson also has diverse experience in the areas of hazardous waste assessment and
remediation, water supply, and geotechnical and civil engineering.
• Mr. Olson is qualified to enter hazardous material sites and to act as site safety
coordinator for Level D field activities.
Project Experience
Mr. Olson has been employed by CH2M HILL as a Civil. Engineer for nearly 14 years.
Working with the Water Business Group, Mr. Olson developed a diverse and broad
understanding of the consulting industry taking project from conception, through planning,
financing, construction, and into operation. Because of his tenure and current position as
South Florida staffing manager, Mr. Olson developed extensive relationships with clients
throughout CH2M HILL's southeast region. For the past 6 years, Mr. Olson exercised these
relationships to help the City of Miami Beach implement a Stormwater Master Plan. Various
phases of this program included financial planning, public awareness/ involvement, design,
permitting, and construction of several stormwater rehabilitation project. Mr. Olson brings
the network of relationships and employment experience to the position of Boynton Beach
Project Manager.
In addition to work throughout South Florida, Mr. Olson worked with the City of Boynton
Beach on its Comprehensive Master Plan in 1988, the Deep Injection Well in 1990, the
Aquifer Storage and Recovery Well in 1992, the Water Use Permit of 1994, and a Landfill
Groundwater Monitoring Plan, which extended to 1999.
Relevant Experience
Mr. Olson is currently the stormwater consultant for infrastructure improvement projects
for the City of Miami Beach (City). In this capacity, he prepared the City's Stormwater
Master Plan, outlining the prioritization of over $40 million in stormwater capital improve-
ments. To support this ambitious program, Mr. Olson assisted the City with the creation of
an independent stormwater utility, the preparation of an equitable stormwater rate
OF8/15573AOU78
Richard D. Olson, P.E. GH2*1 HILL
structure, and the preparation of a financial analysis to support the release of a municipal
bond.
As part of the implementation of the capital improvement program, Mr. Olson is currently
managing the designs of four stormwater improvement projects for the City, including the
communities of Allison Island, South Beach (south of Fifth Street), Normandy Shores, and
the Middle Beach area (between 41st Street and 47th Street). These projects will alleviate
local flooding conditions and reduce the City's reliance on positive outfalls; thus improving
the quality of the stormwater being discharged into Biscayne Bay. Specific disposal systems
will include the extensive use of French drains, drainage wells (both pressurized and
hydrostatic), and sedimentation basins. Infrastructure improvement activities are being
coordinated with other capital programs currently being implemented by the City,
including water, sanitary sewer, parks, and street beautification.
In addition to the capital improvements program, Mr. Olson assists the City in managing its
stormwater utility system, which entails handling National Pollutant Discharge Flimination
System (NPDES) compliance issues, establishing prioritized maintenance schedules, and
mapping the City's stormwater infrastructure on a GIS database.
In March 1998, Mr. Olson began coordinating NPDF.S issues for the Town of Highland
Beach, Florida (Town). In this capacity, Mr. Olson prepared the Town's Annual Report,
which was incorporated into the Joint Annual Report submitted by Palm Beach County. Mr.
Olson is responsible for developing construction site inspection forms and protocol, and he
assists the Town with a public education program for illicit connection reporting and
household hazards management.
As a member of the Water Resources Division, Mr. Olson has performed a variety of tasks
for hydrogeologic investigations. He was the engineer of record for three Aquifer Storage
and Recovery (ASR) wells in West Palm Beach, Delray Beach, and Broward Counties. He
also served as field resident during the drilling, development, and testing of shallow, inter-
mediate, and deep (to 250 feet) monitoring, recovery, and public supply wells. His aquifer
testing activities have included geo- physical logging (using CH2M HILL's Century
Compulog II), long -term pumping tests, and rapid slug test evaluations.
As a project manager in the Water Resources Division, Mr. Olson has designed observation
well networks that monitor the presence and movement of organic and inorganic com-
pounds. The networks function to evaluate contaminants and wellfield operational effici-
ency and to protect coastal wellfields from saltwater intrusion. Mr. Olson managed the
saltwater intrusion program for the City of Deerfield Beach (Deerfield) as a compliance
issue for the Water Use Permit. Specific activities included installation and maintenance of a
monitoring well network, field data collection, and monthly data reporting. Through this
program, Mr. Olson provided data to guide the City wellfield pumpage through a 100 -year
drought without water quality degradation-
Mr. Olson conducted a comprehensive investigation for the expansion of a municipal
wellfield for Deerfield. This investigation included present and past land use research, test
well design and construction, aquifer evaluation, water quality analyses, and review of
DF8115571DOG79
Richard D. Olson, P.E. CH21VI HILL ,
permitting requirements. This investigation was used to identify a suitable location for
Deerfield to obtain 10 million gallons per day (mgd) of additional capacity. • , -
Mr. Olson served as lead field engineer during the construction of a 12 -mgd Class I injection
well and pump station for Seacoast Utility Authority (SUA). Mr. Olson's responsibilities
included contractual compliance oversight, construction documentation, geological
formation analyses, and performance testing. Aquifer analyses included straddle packer
tests, a radioactive tracer survey, and pumping and injection tests at rates up to 2,000 and
12,500 gallons per minute, respectively.
During 1997, Mr. Olson prepared a design and Environmental Resource Permit application
for an industrial client in western Palm Beach County. The design consisted of a 0.5 -acre
detention pond with controlled discharge to a managed wetland. As part of the permit
application, a seepage analysis using MODRET was conducted to demonstrate acceptable
drying of the pond's base during a 12 -day period. The design incorporated buffer areas to
provide water quality treatment and integrated portions of the site that were impacted by
industrial activities (covered by a separate NPDES permit). The permit was approved by the
South Florida Water Management District (SFWMD) in mid -1998.
During 1994 and 1995, Mr. Olson worked for a confidential industrial client in Pompano
Beach to obtain site closure of a RCRA facility. Mr. Olson prepared a Surface Impoundment
Closure Permit Application, negotiated cleanup standards for sediments contaminated with
metals, managed the field work associated with the implementation of closure activities,
and submitted a Surface Impoundment Closure Certification Report. The final report was
approved by the Florida Department of Environmental Protection (FDEP) and the
Environmental Protection Agency (EPA) without comment.
Between 1992 and 1995, Mr. Olson was one of the primary project managers for
environmental restoration projects conducted at the former Eastern Airlines Main Base
(EAMB) at the Miami International Airport (MIA). In this capacity, Mr. Olson managed an
offsite water quality assessment of the EAMB, prepared a plan for the decommissioning of
the site -wide industrial wastewater collection system, and prepared a CAR /RAP for the
restoration of Hangar 22. At Hangar 22, Mr. Olson also managed and implemented a field
pilot- testing program to evaluate the effectiveness of soil vapor extraction (SVE) from
horizontal and vertical recovery wells. Information generated from the pilot study was used
in the full-scale remediation system design at Hangar 22. Environmental restoration of this
facility was a critical factor in the expansion of MIA and in meeting the schedule for tenant
relocation.
Between 1989 and 1993, Mr. Olson served as lead hydrologist for the Georgia Air National
Guard (GANG) Base in Savannah, Georgia, for the Installation Restoration Program (IRP).
In this capacity, Mr. Olson developed sampling and analysis plans, directed and partici-
pated in three field efforts, and was the primary author for two assessment reports.
Additional responsibilities included evaluating soil remediation technologies, preparing
contract documents for soil removal and treatment, and acting as the project manager's
assistant in coordination of the Air National Guard Readiness Center, Martin Marietta
Energy Systems, Inc., GANG, and Georgia Department of Natural Resources Environmental
•
•
•
Richard D. Olson, P.E.
G"H21 HILL
Protection Division. In 1991 Mr. Olson became the manager of this project, with a total fee of
over $1.5 million. ,
In 1990, Mr. Olson managed the remediation of a major fuel storage terminal in Jacksonville,
Florida. The Jacksonville terminal had been used for approximately 100 years to store and to
distribute heating oil, diesel fuel, and gasoline. Environmental problems at this facility
included groundwater, soil, and river sediment contamination with hydrocarbons.
Implementation of a RAP began in 1994, providing facility cleanup goals without disrupting
facility operations.
Memberships in Professional Organizations
American Society of Civil Engineers
Tau Beta Pi, Engineering Honor Society
American Water Resources Association, Florida Section
M115573.DOCl81
n
Mitchell L. Griffin, Ph.D., P.E. CH2M HILL
Water Resource Engineer
Education
Ph.D., Agricultural Engineering, Purdue University
M.S., Agricultural Engineering, University of Kentucky
B.S., Civil Engineering, University of Kentucky
Professional Registrations
Professional Engineer: Florida and Georgia
Distinguishing Qualifications
• Nationally recognized expert on nonpoint source pollution sources and control;
experience includes both urban (separate and combined sewers) and rural watersheds.
• Successfully negotiates surface water discharge permits, including treated wastewater
effluent, stormwater, bioassessments, toxicity identification analyses, and metal
pollutants.
• Computer modeling expert with experience using a variety of watershed models and
geographic information systems (GIS).
• Experienced in designing and implementing water quality sampling programs.
Relevant Experience
Dr. Griffin is an engineer/ hydrologist in CH2M HILL's Gainesville, Florida, office
specializing in solving drainage and surface water quality problems. He assists municipal
and industrial clients in making planning decisions and obtaining surface water permits,
including National Pollutant Discharge Elimination System ( NPDES) permits for
stormwater and point source discharges. He is skilled in computer modeling to solve water
resources- related problems and is familiar with a wide range of computer model types,
including mixing zones, water quality impacts, hydrologic (watershed), geographic
information systems (GIS), systems analysis, time series analysis, hydraulics, and expert
systems.
Project Experience
Dr. Griffin assisted several clients in obtaining NPDES stormwater permits. For the City of
Jacksonville, he provided technical quality control guidance and reviewed the preparation
of the City's municipal permit application. Dr. Griffin had primary responsibility in
designing the stormwater sampling program and estimating pollutant loadings for the more
than 500 outfalls in the City. Other permit applications were prepared for the Department of
Transportation, City of Neptune Beach, and City of Atlantic Beach. For Atlantic Beach, Dr.
Griffin was the project leader. He also prepared a group application for several wastewater
treatment plants in the Jacksonville area.
Dr. Griffin led a 2 -day seminar sponsored by the American Society of Civil Engineers
(ASCE) about municipal NPDES stormwater permits. This seminar discussed regulatory
DFB/15573.000132
Mitchell L. Griffin, Ph.D., P.E. CHAT HILL
requirements, management strategies to develop the permit application, best management
practices and their effectiveness, and an overview of industrial permit requirements. The
seminar was attended by 40 participants and had guest speakers from EPA and a
municipality.
In the area of stormwater master planning, Dr. Griffin assisted the City of Gainesville,
Florida, in formulating watershed flood control alternatives. For certain priority watersheds
in Franklin County, Florida, Dr. Griffin examined the local flooding problems and potential
water quality loadings into Apalachicola Bay and recommended both flood control and
water quality improvements. Dr. Griffin helped the City of Atlantic Beach, Florida, meet its
master planning requirements, refine its stormwater utility database, and obtain its
stormwater NPDES permit application.
In the area of drainage planning and design, Dr. Griffin drafted the drainage subelements of
the comprehensive plans that CH2M HILL prepared for the cities of Deerfield Beach and
Boynton Beach, Florida. He evaluated the potential effects of proposed drainage facilities on
spray irrigation effluent disposal fields owned by a large, Florida -based development
company. He also provided a technical review of a flood insurance study the U.S. Army
Corps of Engineers conducted on Fourche Creek in Little Rock, Arkansas.
Dr. Griffin compiled a technical comments report on Poland's Upper Raba River Watershed
Management Plan. The Upper Raba River Watershed feeds the Dobczyce Reservoir, which
is a primary source of drinking water for Krakow. Improperly treated wastewater
discharges and eutrophication from nonpoint sources of runoff are causing rapid aging of
this relatively new reservoir. The Water Environment Federation (WEF) was funded
through the U.S. EPA to provide technical assistance to Eastern Europe and WEF conse-
quently relied on its members' expertise to provide comments. Dr. Griffin participated and
then synthesized these comments into an organized report.
For the Water Pollution Control Federation Research Foundation (WPCFRF), now called the
Water Environment Research Foundation (WERF), Dr. Griffin was the principal investigator
for a critical assessment of the literature pertaining to nonpoint source pollution impacts.
The newly formed research foundation sponsored assessments of literature to determine
research needs in specific technical areas. With the advent of water quality -based effluent
limitations, the impacts of nonpoint sources of pollution on water bodies will become an
increasingly important topic for members of WERF. Dr. Griffin managed this project to
develop a state -of- the-art assessment and led a public workshop to develop projects for
WERF, which then used these projects to establish its first five -year research agenda.
To control nutrient runoff from eight dairy farms in the Lake Okeechobee basin in South
Florida, Dr. Griffin designed intensive waste management facilities. The project involved
coordination with the dairy owners and the South Florida Water Management District to
ensure that best management practices could be incorporated into the farmers' operations
and still meet Florida's Dairy Rule requirements.
Dr. Griffin managed a Level II Water Quality -Based Effluent Limitation (WQBEL) study for
the New Township of Poinciana, Florida. This wasteload allocation project differed from
DFB/15571DOC133
Mitchell L. Griffin, Ph.D., P.E.
CH2*1 HILL
from both point and nonpoint sources must be determined to establish the point source
discharge limitations. This study involved negotiating a detailed plan of study'with the state
regulatory agency, collecting field water quality data, and computer modeling of dissolved
oxygen dynamics in a canal and of nonpoint sources of nutrient loadings and their impact
on Lake Hatchineha.
Dr. Griffin has assisted the City of Jacksonville in addressing antidegradation permitting
requirements for a wastewater plant expansion. The Arlington East regional facility
discharges directly into the St. Johns River. The antidegradation study evaluated water
quality effects, natural systems effects, potential for reuse, and other public interests of the
project. As an outgrowth of this project, Dr. Griffin assisted the City in responding to
regulators' requests for information at its other wastewater treatment plants concerning the
effect of nutrients on the St. Johns River near the outfalls.
Dr. Griffin assisted United Water Florida (UWFL), a private utility company in Jacksonville,
Florida, in addressing a variety of permitting issues. CH2M HILL has been providing
environmental permitting assistance for this utility for about 20 years. Projects Dr. Griffin
completed or managed for the utility include:
• Yulee Service Area
— -Developed conceptual disposal plan for effluent management. This plan was used to
select and locate a new regional wastewater treatment facility (WWTF). The
recommended alternative was a wetland disposal system.
— Conducted receiving water sampling and prepared permit documentation to
address water quality and antidegradation issues for effluent disposal system.
— Prepared the application and obtained an NPDES disposal permit for the regional
WWTF.
• Jacksonville Heights WWTF
— Conducted receiving water sampling and generated a Level I water quality based
effluent limit report for a permit renewal.
— Conducted a detailed toxicity identification evaluation of the effluent. Continuing
professional engineering support is being provided to address an Administrative
Order on this facility.
— Conducted in- stream sampling, benthic monitoring, and bioassay testing of the
receiving water.
Dr. Griffin is the technical lead for a project to characterize and develop long -term solutions
to bring the City of Atlanta's combined sewer system into compliance with the Clean Water
Act. The CSO program includes sampling and characterizing stormwater and sanitary
contributions from the service area, computer modeling of the drainage system, and
evaluation of technologies to improve runoff quality. This project's results will guide the
City's sewer and drainage system capital improvement program within a 20- square -mile
area, centered around the central business district.
DAY15573.DoW4
Fair Miller CH21VI HILL
Water Resources Engineer
Education
M.S.C.E., Civil Engineering, Georgia Institute of Technology, 1996
B.S.E., Civil Engineering, Duke University, 1995
Professional Registrations
Engineer In Training, NC
Distinguishing Qualifications
• Experienced with water and stormwater modeling
• Experienced in hydraulic and hydrologic modeling
• Experience in water conveyance design
Relevant Experience
Ms. Miller is a water resources engineer specializing in computer modeling as well as
hydrologic and hydraulic analyses.
Project Experience
Stormwater Modeling/Permitting
City of Miami Beach, FL. Allison Island - Allison Island is a 36 -acre island off the bay side of
the north end of the City of Miami Beach. The project area was zoned single family residential
and was identified as a problem drainage area in the City of Miami Beach Master Plan. The
project improved the existing stormwater system by installing additional catch basins and an
exfiltration trench. Emergency overflow is discharged through 3 existing outfalls to Biscayne
Bay which is designated an Outstanding Florida Water and Aquatic Preserve. By discharging a
significant amount of the stormwater through the new exfiltration trench, the amount of runoff
to Biscayne Bay decreases significantly. Prepared the ERP application for submittal to the
Miami -Dade County Department of Environmental Resource Management (DERM).
City of Miami Beach, FL. South Pointe Redevelopment Phase 1- South Pointe is the southern
end of Miami Beach extending from 5th Street to Government Cut and includes South Beach.
The first phase of the project includes improvements to the existing storm system on
Washington and 3rd Street. Due to the proximity of brackish groundwater in most of the project
area, exfiltration trenches are only feasible on a portion of 3rd Street. The remainder of the
proposed stormwater improvements includes installation of several drainage wells and
directing system overflows to the existing outfall to Biscayne Bay. A baffle box is also proposed
at the downstream end of the outfall trunk line to reduce the pollutant load of oil and grease
and suspended solids to the Bay. The improvements will reduce the amount and quality of
runoff discharged directly to Biscayne Bay. Performed the stormwater modeling and prepared
the ERP.
OFS /15680.doc
City of Ft. Lauderdale, FL. Northwest Industrial Area Storm Sewer Expansion Project - The
Northwest Industrial Area in Ft. Lauderdale is a 65 -acre drainage area in Ft. Lauderdale. The
existing storm sewer system was undersized and was not served by a positive outfall; therefore
the area was subject to many flooding complaints during storm events. Connectiomtq an
existing positive outfall was infeasible; therefore, the proposed storm sewer improvements
included the installation of exfiltration trenches in the City owned right -of -way as well as the
addition/ replacement of several catch basins. Due to the proximity of the project to a drinking
water wellfield, the project required a variance from Broward County since it was located
within a wellfield zone of protection. The City- operated wells closest to the project were idled
the previous year due to nearby contamination, and the use of injection wells created a
hydraulic barrier between the project area and the remaining wells. Prepared the ERP for both
the County and the South Florida Water Management District and assisted in the completion of
the variance application. The variance was granted and construction was completed in early
1999.
Pratt & Whitney, West Palm Beach, FL. Test Stand E -5 - Test Stand E -5 is a rocket engine test
facility planned for an undeveloped site at Pratt & Whitney. The client requested a simple, low -
maintenance stormwater system. Aided in designing the site and performed the stormwater
modeling for the system that included a retention pond with grass swales.
Water Conveyance /Design
Currently assisting with the Pima- Maricopa Irrigation Project in Sacaton, Arizona. The project
involves the design of conveyance facilities for a 146,000 -acre agricultural development project
using water sources from the Gila River, Central Arizona Project (CAP), and groundwater. The
design includes 24 miles of main canal with a capacity of 2,400 cfs, as well as turnouts and
operational features to deliver project water to newly developed lands. Tasks include criteria
setting, aqueduct hydraulics, operational regimes, water delivery, design of flow control
structures, automation, canal design, and construction logistics.
Hydrologic Modeling
Assisted in developing hydrologic models for the Comprehensive Water Management Plan
(CWMP) for Northern Palm Beach County, FL. This project is a cooperative effort between the
City of West Pahn Beach (City) and the South Florida Water Management District (SFWMD).
The overall objective of this regional planning effort is to develop a comprehensive water
resources management plan that optimizes how rainfall- derived surface water is captured,
routed, and stored within the region's integrated system of canals, wetlands, and surface water
impoundments and lakes. Responsibilities involved developing hydrologic models associated
with Loxahatchee Slough restoration, Water Catchment Area water supply, and flood control
enhancement in the Southern L-8 Basin. Phase 2, initiated in January 1998, includes working
closely with all affected stakeholders in developing management alternatives and applying the
analytical tools developed to date to assess the water balance effects of adding facilities such as
above- or below - ground storage (reservoirs or ASR), new conveyance systems, and water
control structures. Interbasin transfers and reuse of reclaimed water are under evaluation as
mechanisms for providing "new water" to augment water supplies for this subregion of the
Lower East Coast (LEC) planning area in South Florida. Responsibilities for Phase 2 include
processing the hydrologic model runs that evaluate the management alternatives, preparing
model output for presentation and assist in facilitating meetings with the stakeholders.
DFB /15680.doc
•
4
•
For a cooperative effort between the South Florida Water Management District (SFWMD) and
the Palm Beach County Water Utilities Department (PBCWUD), used spreadsheet models to
determine the size and cost of reservoir scenarios. Responsibilities involved analyzing historical
flow and rainfall data as input for the modeling. These calculations were used to evaluate
surface -water reservoir alternatives as part of the Integrated Water Resources Strategy (IWRS)
for Southeastern Palm Beach County, FL. The IWRS involved the development of a plan element
for sustaining and /or improving the existing flood control and water supply services for the
urban and agricultural areas of southeastern Palm Beach County, while also coordinating with
regional ecosystem enhancement and land use planning efforts. This integration of water
resources technologies was based on consensus decisions from a diverse group of stakeholders.
These stakeholders were part of a technical advisory committee (TAC), which was created to
guide and advise the project team as the technologies and strategies were developed. Examples
of the technologies considered include conservation, Surficial aquifer water supply and
conventional water treatment, Floridan aquifer water supply and membrane treatment,
irrigation and constructed wetlands for reclaimed water use, deep water reservoirs for the
storage of excess stormwater and ASR. Participated on the project team that interacted with the
TAC and also utilized a commercially available software package to aid in the decision making
process.
Hydrology
For Chevron's remediation site in Port Arthur, Texas, determined drainage areas for a baseline
hydrology study. The Port Arthur Refinery is a 3,800 -acre, 90- year -old facility that at one time
was the largest refinery in the world. As the owner of the facility from 1984 to 1995, Chevron
maintained a significant portion of the environmental liability associated with past practices.
Responsibilities included cataloging and determining hydraulic characteristics of an internal
stormwater system at the refinery. This information will be used to improve stormwater
management and maintenance practices to prevent habitat establishment and /or use of certain
areas by wildlife in close proximity to refinery operations.
Other Experience
While with other employers, Ms. Miller performed environmental site assessments and
inspections, conducted monitor well and soil sampling, and performed concrete and soil testing
both in the field and laboratory.
Memberships in Professional Organizations
American Society of Civil Engineers
Publications
With Guetter, A.K., H. Yao, K. Brumbelow, H. lkwut -Ukwa, K.P. Georgakakos, and A.P.
Georgakakos. "Low Frequency Variability of the Nile River Flow." Georgia Institute of
Technology, School of Civil and Environmental Engineering. September 1996.
IFS /15680.doc
Shondra Michelle Neumeister CH2M HILL
Water Resources Engineer
Education
M.S., Civil /Environmental Engineering, University of Miami
B.S., Engineering Analysis, Clemson University
Professional Registrations
Engineer -in- Training: South Carolina
Relevant Experience
Ms. Neumeister is a water resources engineer for project management, designing and
completing water quality monitoring programs, report writing and submittal preparation
for Federal and State agencies, preparing and presenting work progress updates,
coordinating subconsultant work efforts, and completing QA /QC reviews and evaluations.
Project Experience
Ms. Neumeister has completed several projects for the Town of Highland Beach. Among
them are a stormwater evaluation and administration of the Towns NPDES permit
activities. The stormwater evaluation included estimating the peak runoff volume along
State Road AlA and the Town's auxiliary streets, coordinating soil boring and percolation
testing, evaluating the condition and capacity of the drainage system existing along the
auxiliary streets, and providing drainage system design recommendations and a
preliminary cost estimate. As part of the administration of the NPDES permit activities for
the Town, Ms. Neumeister has trained personnel in dry weather sampling of outfalls,
developed various maintenance programs, developed public education materials, assisted
the Town with the implementation of permit requirements, and has prepared the required
yearly reports for submittal to the Environmental Protection Agency.
Ms. Neumeister has also been involved with projects for the South Florida Water
Management District. These include the Stormwater Treatment Area (STA) 3/4 project and
the Cypress Wetlands project. As a member of the STA 3/4 team, Ms. Neumeister was
responsible for completing the two - dimensional hydraulic modeling for the STA and the
downstream water conservation area and proposing design modifications based on the
modeling results. For the Cypress Wetlands project, Ms. Neumeister completed a hydraulic
analysis of the proposed system design and obtained equipment cost estimates.
Ms. Neumeister also participated in projects for Palm Beach County. For Green Cay
Wetlands project, Ms. Neumeister designed the required stormwater retention areas,
including a retention basin to prove water quality treatment and contain runoff from the
Nature Center and swales around the perimeter of the project area to address runoff from
the perimeter berm and sections of adjacent highways. As part of the Agricultural Reserve
Area project team, Ms. Neumeister participated in developing conceptual land management
approaches and evaluated these approaches, using value -based decision modeling, against
criteria and goals set forth by the County.
DFB/15685.DOC
For Seacoast Utilities, Ms. Neumeister completed an evaluation of the utility's existing
stormwater system at the PGA Wastewater Treatment Plant to determine the impact of
proposed expansions of the stormwater requirements and existing capacity. She
recommended various modifications to the stormwater system to address the water quality
and quantity requirements associated with the increased runoff from the planned expansion
activities.
Ms. Neumeister has completed two stormwater projects for the City of Ft. Lauderdale. For
the first project, Ms. Neumeister evaluated the conveyance characteristics for a section of
stormwater drainage system to determine if claims of increased flooding due to stormwater
system modification could be validated. In the second project, she completed a corridor
analysis and modified contract documents for the construction of a stormwater sewer
system She also responded to requests for information and assisted with the evaluation of
bids.
For the American Water Works Association Research Foundation (AWWARF), she provided
project management including coordination of nine contributing agencies, subconsultants,
and laboratories for a $630,000 project. Ms. Neumeister developed raw water sampling
program and standard operating protocols for sample collection, and trained and
supervised four staff members in sampling techniques and analysis, including those for
Giardia lamblia and Cryptosporidium spp.
For the-City of Boca Raton, Ms. Neumeister assisted with the design and startup of
pretreatment pilot testing. Specifically, she operated pilot test trains, collected test data, and
analyzed results. In addition, she assisted in the reconfiguration and /or modifications to the
pilot test trains. Her duties also included completing raw water data analysis and preparing
a water use permit.
Ms. Neumeister also provided project management for Groundwater Under the Direct
Influence of Surface Water's (GWUDI) water quality monitoring program ($200,000),
including coordination of subconsultants and laboratories. Ms. Neumeister assisted in the
development of a raw water sampling program and developed standard operating pro-
tocols for sample collection. She trained and supervised seven staff members in sampling
techniques and analysis, including those for Giardia lamblia and Cryptosporidium spp., and
collected and analyzed samples for various physical parameters. In addition, she prepared
and presented project summaries and reports to client, and assisted in the preparation of
State regulatory submittals.
For the U.S. Army Corps of Engineers, Ms. Neumeister updated their water treatment
manual to include technical overviews and design guidelines for the construction and
operation of various types of membrane facilities.
Ms. Neumeister was involved in an Information Collection Rule (ICR) Pilot Study, where
she assisted in the completion of pilot scale tests to evaluate the feasibility of implementing
ozone and granular activated carbon (GAC) technologies to control the formation of
disinfectant by- products (DBP) and haloacetic acids (HAA). She prepared an ICR report for
submittal to the Environmental Protection Agency (EPA). In addition, Ms. Neumeister
prepared Water Treatment Plant Optimization Evaluations reports for submittal to the EPA
after conducting tracer tests to determine compliance with the Surface Water Treatment
DFB/15685.DOC
Rule (SWTR). She assisted in filter performance evaluations and recommended upgrade
procedures.
Ms. Neumeister served as Project Engineer, where she assisted in proposal development,
writing reports, coordinating subconsultant work efforts, developing project budgets,
projecting project work loads, completing QA /QC reviews and evaluations, and performing
life cycle cost analyses and cost estimates. In the area of stormwater treatment, Ms.
Neumeister assisted in levee, canal, and water control structure design for the construction
of a 6,440 acre stormwater treatment area in the Everglades. She completed flow modeling
for the area using XP -SWMM, coordinated technical review of specifications, and provided
technical review of drawings and specifications. Ms. Neumeister also coordinated technical
review of specifications for construction of both a 3,200- and a 2,900 -cfs pumping station. In
this capacity, she provided technical review of project drawings and specifications as well as
assisted with design modifications.
Ms. Neumeister has extensive experience with the Miami -Dade area'swater and wastewater
facilities. She has completed water quality, rainfall, stage and flow data evaluation and
developed alternative design evaluation criteria for the 8.5 Square Mile Area, Dade County.
She completed corridor analysis for a reuse pipeline and met with officials involved with
design and permitting of the pipeline. She evaluated the feasibility of increasing reuse water
usage at many Miami -Dade Water and Sewer Department (MDWASD) wastewater
treatment plants (WWTP), and conducted bench scale studies and completed data analyses
to identify optimal chlorine dosing requirements at various MDWASD WWTPs. In addition,
is she performed a feasibility study /economic analysis for sludge incineration alternatives,
where she contacted vendors and received bids for sludge incineration equipment,
presenting her findings to MDWASD.
•
DFB/15WDOC
U�
•
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
T
CH2M HILL's Office Address: 800 Fairway Drive, Suite 350, Deerfield Beach,-FL 33441
Project Name: Miscellaneous Services CH2M HILL Project:
Client: City of Palm Beach Gardens
Address: 10500 North Military Trail
Palm Beach Gardens, FL 33410
CLIENT requests and authorizes CH2M HILL to perform the following services:
• This agreement will serve to guide conditions of work between CH2M HILL and the City of Palm Beach Gardens, Florida.
Specific work items and schedules will be developed in task orders and negotiated independently.
�K•r�a•ra�t� Nr•r�>• by CLIENT to CH2M HILL will be on the basis of:
Compensation will be in the form of lump sum payment based on a negotiated scope of work. Level of effort and
Compensation will be unique to each task order and will be negotiated independently.
L•Iliraa[a���[ --�
The terms of this agreement will be guided by individual task orders. This standard agreement and the
Executed task orders will collectively become the contract documents.
Services covered by this AGREEMENT will be performed in accordance with the Provisions and any attachments or
schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written
amendment executed by both parties.
CLIENT:
Signature
Name (printed)
Title
Date
FORM 124
REVISEo: 7/97
CH2M HILL, INC.:
Signature
Name (printed) Thomas Mc Cormick
Title Vice President
Date
it
M
•
PROVISIONS
1. Authorization to Proceed
Execution of this AGREEMENT by CLIENT will be authorization for
CH2M HILL to proceed with the services, unless otherwise provided
for in this AGREEMENT.
2. Salary Costs
CH2M HILL's Salary Costs, when the basis of compensation, are the
amount of wages or salaries paid CH2M HILL employees for work
directly performed on the Project plus a percentage applied to all
such wages or salaries to cover all payroll - related taxes, payments,
premiums, and benefits.
3. Per Diem Rates
CH2M HILL's Per Diem Rates, when the basis of compensation, are
those hourly or daily rates charged for work performed on the Project
by CH2M HILL employees of the indicated classifications. These
rates are contained in the COMPENSATION section on page 1 and
are subject to annual calendar year adjustments.
4. Affiliated Companies
Work performed under this AGREEMENT may be performed using
labor from affiliated companies of ENGINEER. Such labor will be
billed to OWNER under the same billing terms applicable to
ENGINEER's employees.
S. Subcontracts and Direct Expenses
•
6.
When SERVICES are performed on a cost reimbursement basis, a
markup of _5_ percent will be applied to subcontracts and
outside services and a markup of 0 percent will be applied to
Direct Expenses. For purposes of this AGREEMENT, Direct
Expenses are defined to include those necessary costs and charges
incurred for the Project including, but not limited to: (1) the direct
costs of transportation, meals, lodging, mail, shipping, equipment and
supplies; (2) CH2M HILL's current standard rate charges for direct
use of CH2M HILL's vehicles, laboratory test and analysis, printing
and reproduction services, and certain field equipment; and (3) CH2M
HILL's standard project charges for computing systems, special
health and safety requirements of OSHA, and telecommunications
services.
All sales, use, value added, business transfer, gross receipts, or
other similar taxes will be added to CH2M HILL's compensation when
invoicing CLIENT.
Cost Opinions
Any cost opinions or Project economic evaluations provided by CH2M
HILL will be on a basis of experience and judgment, but, since CH2M
HILL has no control over market conditions or bidding procedures,
CH2M HILL cannot warrant that bids, ultimate construction cost, or
Project economics will not vary from these opinions.
Standard of Care
The standard of care applicable to CH2M HILL's services will be the
degree of skill and diligence normally employed by professional
engineers or consultants performing the same or similar services at
the time CH2M HILL's services are performed. CH2M HILL will
reperform any services not meeting this standard without additional
compensation.
8. Termination
This AGREEMENT may be terminated for convenience on 30 days'
written notice or if either party fails substantially to perform through no
fault of the other and does not commence correction of such
nonperformance within 5 days of written notice and diligently
complete the correction thereafter. On termination, CH2M HILL will
be paid for all authorized work performed up to the termination date
plus termination expenses, such as, but not limited to, reassignment
of personnel, subcontract termination costs, and related closeout
costs.
FoRm124
REVISED: 7/97
9. Payment to CH2M HILL
Monthly invoices will be issued by CH2M Hia for all Services
performed under this AGREEMENT. CLIENT shall pay each invoice
within 30 days. Interest at a rate of 1 -1/2 percent per month will be
charged on all past -due amounts.
In the event of a disputed billing, only that disputed portion will be
withheld from payment, and the undisputed portion will be paid.
CLIENT will exercise reasonableness in disputing any bill or portion
thereof. No interest will accrue on any disputed portion of the billing
until mutually resolved.
10. Limitation of Liability
CH2M HILL's liability for CLIENT's damages will, in the aggregate,
not exceed the value of this Contract. This Provision takes
precedence over any conflicting Provision of this AGREEMENT or
any document incorporated into it or referenced by it.
This limitation of liability will apply whether CH2M HILL's liability
arises under breach of contract or warranty; tort, including
negligence; strict liability; statutory liability; or any other cause of
action, and shall include CH2M HILL's officers, affiliated corporations,
employees, and subcontractors.
11. Severability and Survival
If any of the provisions contained in this AGREEMENT are held
illegal, invalid or unenforceable, the other provisions shall remain in
full effect. Limitations of liability shall survive termination of this
AGREEMENT for any cause.
12. No Third Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone other than
CLIENT and CH2M HILL and has no third party beneficiaries except
as provided in paragraph 10.
13. Materials and Samples
Any items, substances, materials, or samples removed from the
Project site for testing, analysis, or other evaluation will be returned to
the Project site unless agreed to otherwise. CLIENT recognizes and
agrees that CH2M HILL is acting as a bailee and at no time assumes
title to said items, substances, materials, or samples. CLIENT
recognizes that CH2M HILL assumes no risk and/or liability for a
waste or hazardous waste site originated by other than CH2M HILL.
14. Assignments
Neither party shall have the power to or will assign any of the duties
or rights or any claim arising out of or related to this AGREEMENT,
whether arising in tort, contract or otherwise, without the written
consent of the other party. Any unauthorized assignment is void and
unenforceable.
15. Integration
This AGREEMENT Incorporates all previous communications and
negotiations and constitutes the entire agreement of the parties. If
CLIENT issues a Purchase Order in conjunction with performance of
the Services, general or standard terns and conditions on the
Purchase Order do not apply to this AGREEMENT.
16. Force Majeure
If performance of the Services is affected by causes beyond CH2M
HILL's reasonable control, project schedule and compensation shall
be equitably adjusted.
17. Dispute Resolution
The parties will use their best efforts to resolve amicably any dispute,
including use of alternative dispute resolution options.
18. Changes
Client may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect CH2M HILL's
cost of or time required for performance of the services, an equitable
adjustment will be made through an amend
AGREEMENT.
VOI GG/ VV rnl 14: L0 rns i aw buo bulu
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CH2MHILL
September 22, 2000
Ms. Roxanne Manning
Director of Growth Management
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Subject: Unit 19 Design Review
Dear Ms. Manning:
�n�m i11LL/1)N'13 IA002
CH2M HILL
Hillsboro Fxe%Uve Center N: orth ,
800 Fairway Drive
suite 350
Deerfield Beach, FL
33441 -183{
Tel 954A26.4008
Fax 954.698.6010
In completing our review of the proposed improvements to Unit 19, CH2M HILL is pleased
to submit the following Final Draft Technical Memorandum (TM). This TM summarizes
our scope of review, the documents made available to us, and our findings. The TM also
addresses additional information that was obtained in a meeting held on September 12, 2000
with representatives of the various owners and consultants involved with the project. Upon
your review of this document, I would invite the opportunity to discuss this project and our
findings with you.
Very truly yours,
CH2M HILL
Rick Olson, P.E.
Senior Water Resources Engineer
DFB \Document2
c: Glenn Miller
Steve Gong
Fair Miller
Shondra Neumeister
i
A a ; i
voi r.�i vu rnl 14: ZU rAA 1 U04 DUO OULU unza n1LL /Lrn 19JUU3
•
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TECHNICAL MEMORANDUM
•
CH2MHILL
Unit 19 - Review of Proposed Stormwater System:
Improvements
PREPARED FOR: Roxanne Manning / City of Palm Beach Gardens
PREPARED BY: Rick Olson t� ri -::3� ' •: < ,
COPIES: Steven Cramer / City of Palm Beach G
Glenn Miller / Miller Engineering
Shondra Neumeister / CH2M HILL
Fair Miller / CH2M HILL
DATE: September 21, 2000
CH2M HILL was retained by the City of Palm Beach Gardens (City) to perform a review of
proposed stormwater improvements to Unit 19 and the surrounding, contributing areas
within northern Palm Beach County. The following Technical Memorandum (TM) provides
a summary of the authorization provided by the City to conduct the work, a brief summary
of our contracted scope of work, a summary of the information reviewed, and our findings
and concerns related to the proposed improvements.
Authorization
On June 26, 2000, CH2M Hi LL met with Mr. Glenn Miller (Miller Engineering) in response
to a Request for Qualifications issued by the City for an Engineering Evaluation of the Unit
19 Improvement Plan CH2M HILL submitted a Proposal for Engineering Services (Scope)
with a Standard Agreement for Professional Services (Contract) on June 30, 2000. The City
accepted the recommendation of Mr. Miller to hire CH2M HILL. to conduct the proposed
work. On July 26, 2000, Mr. Steven Cramer of the City's Planning Depaliu►ent executed the
Scope and Contract.
Scope of Service
As defined in our Scope, C112M HILL recommended that this project be broken into three
tastcs including Task A - Kick -Off Meeting, Task B - Model and Design Evaluation, and Task
C - Preparation of a Memorandum of Findings. This section summarizes the activities
conducted as part of Tasks A and B to support the findings presented later in this document.
Task A — Kick -off Meeting — On July 31, 2000, a kick -off meeting was conducted at the
administrative offices of the City. The meeting was attended by Ms. Tracey Robb (Northern
Palm Beach County Improvement District [NPBCIDJ), Mr. Mark Williams (Southern Design
Group), Mr. Glenn Miller (Miller Engineering), Ms. Shondra Neumeister (CH2M HILL) and
Mr. Rick Olson (CH2M 111M). During the meeting, Mr. Williams provided a history of
Unit 19, an organization understanding of the interactions of the various consultants and
owners, and a summary of the proposed improvements. During the meeting CH2M HILL
prepared a request for information of various reports, modeling input /output, design
OSUTMOU100000
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drawings, and correspondence. Following the meeting, Ms. Robb guided Ms. Neumeister
and Mr. Olson around the Unit 19 boundaries and the locations of the proposed
improvements. Ms. Robb provided the requested documents to CH2M HILL on August 3,
2000.
Task B - Model and Design Evaluation - The following documents were reviewed during
Task B:
• Unit 19 Regional Center - Neighborhood Meeting May 31, 2000 (Power Point
Presentation)
• Master Surface Water Management System Re- evaluation for Developed Condition
(Southern Design Group - October 1999) without Attachments
• Unit of Development No. 19 Drainage Basin Study Update (Mock, Roos & Associates,
October 17,1999) without Attachments
• East Basin and West Section of Meadows Mobile Home Park Drainage System Analysis
(Gee & Jenson, October 12,1999) without Attachments
• THE GRANDE at Palm Beach Gardens Stormwater Management System - Design
Drawings (Gee & Jenson, July 2000)
• Lake Modifications for The Grande at Palm Beach Gardens - Design Drawings (Gee &
Jenson, April 2000)
• AdICPR Modeling input and output for existing and proposed conditions (most current
version as of August 4, 2000)
• Meadows Mobile Home Park Drainage System Analysis (Gee & Jenson, June 2,1999)
• Unit of Development No. 19 Drainage Basin Study Update (Mock, Roos, & Associates,
October 17,1999)
• Request for Information (RFI) -1 from SFWMD - November 24,1999
• Response to SFWMD RF1-1- Letter from Gee & Jenson to SFWMD, January 6, 2000
• RFI 2 from SFWMD - Febmary 18, 2000
�J 004
• Staff Report from SFWMD, July 17, 2000
Evaluating the model and design was the primary work activity of this project. Following
the kick -off meeting and the receipt of the requested files, CH2M HILL evaluated the
I modeling assumptions, input parameters, design storm conditions, and the pre - and post-
1 development runoff calculations. The task included a review of the receiving water
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UNIT 19 - MIEW OF PROPOSED STORMWAWA SYSTEM IMPROVQAEtIiS
elevation, rainfall duration and intensity, finished floor and crown of road elevations, and
the accurate selection of curve number to match the post - development scenarios.
CH2M HILL accepted as accurate the data provided, the planned project developments, and
the specific data relating to areas, elevations, and gradients. CH2M HILL did not run the
AdICPR model as part of this evaluation and accepted the modeling output as correct.
Following the review of the model, CH2M HILL reviewed the design drawings for Basins 3
and 4 prepared by Gee & Jenson as well as the Construction Program, First Phase, and
Master Water Management and Roadway System drawings prepared by Southern Design
Group, Inc., for the Northern Palm Beach County Improvement District (NPBrM). The
designs were evaluated for consistency with the modeling predictions of the post -
development conditions, the SFWMD permit conditions, and to confirm that existing and
proposed conditions were accurately reflected. The review of the design drawings did not
include a constructability evaluation, a value engineering analysis, or a hydraulic or
structural analysis.
Task C — Technical Memorandum - The finding of the reviews of the modeling and design
drawing components are summarized below. A meeting was held on September 12, 2000
with the following persons attending: Ms. Tracey Robb, Mr. Mark Wi1_1_iams, Mr. Glenn
Miller, Mr. Pat Kirby (Mock, Roos and Associates), Mr. John Callaghan (Cc-- and Jensen),
and Ms. Shondra Neumeister (CH2M HILL). A draft version of this memorandum was
presented at this time, and comments shown in italics are rit ed t FK
meeting to the findings.
Modeling
1. Some slight discrepancies exist between land areas presented in the modeling reports
and the AdICPR input files for Nodes MALL 1, MAL1,_2, and MALL 3. Total area,
however, appears consistent.
- These are internal nodes to the model and do not impact overall model results.
2. The Curve Number (CN) for PRESERV Node is inconsistent between the report (CN -39)
and the AdICPR input for existing conditions (CN-79). The discrepancy appears to be
conservative.
- The curve number in the report reflect original model input data. This curve number was
modified during calibration of the model and yields more conservative results.
3. For proposed conditions, modeling report indicates a CN of 79 for Node PRESERV,
while the AdICPR input file indicates a CN of 82. The inconsistency appears to be
conservative.
- The curve number in the report reflect original model input data. This curve number was
modified during calibration of the model and yields more conservative results.
4. The design storm for Basin 3 is inconsistent. Some portions (sub basins) for the design
reflect 100 -year storm conditions while other sub basins are designed for a 25 -year storm
event (or less). Sub-basin MALL 3SB is provided with a southern berm elevation of 10.0
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UNIT 19. REVIEW OF PROPOSED STORMWATER SYSW IMPRr(WEME M
feet while the 25 -year 3 -day rainfall event produces a stage elevation of 10.19 feet. It is
unclear why the berm elevation was chosen below the 25 -year stage elevation.
- The City of Palm Beach Gardens has specifically required the improvements within the basin
areas to be based upon a 100 -year, 3-day storm event. However, they have allowed sheet flow low to
PGA Boulevard for anything greater than a 25 year, 3 -day storm. Perimeter berm elevations for
Basin 3 were derived from model results for the maximum stage. Since it was assumed that the
lake elevations drive the maximum stage, lake levels rather than maximum stage value at the
node closest to the particular area of concern was used to determine berm elevation.
5. Contn`buting flow entering Basin 3 from the south side of PGA Boulevard is based on
the 25 -year event while the Unit 19 design is based upon a 100 -year event.
- Based upon previous permits, the South Florida Water Management District (SFWMD)
requires the project area to accept only the flow from a 25 -year, 3 -day staff -in event (61 cfs). This
flow value, however, was not defined as a fixed value in the modeling. Therefore, as the design
storm frequency changed so did the amount of off -site discharge entering the project area.
Improvements were based upon modeling results that considered a higher amount of off -site
discharge to the area and are conservative in nature.
6. It is unclear how the 100 -year maximum stage elevation (10.9 feet) was determined for
Basin 3. It appears that this value is an area- weighted average elevation for the
contributing sub - basins. If this is the case, it must be assumed that that there are no
physical impediments to prevent surface water from reaching a uniform elevation
throughout Basin 3. Sufficient information was not provided to support this assumption.
- The maximum stage elevation for Basin 3 does not consi 1 p but instead
assumes that the lake elevations drive the maximum stage. n u t`
stage value at the nodes closest to the particular areas of
elevation.
7. Although the model indicates Basin 4 is meeting the ow le
below the proposed berm elevation, there is a concern that significant ponding (at depth
of up to 3.5 feet above ground surface) may exist following the 100 -year design storm.
At a maximum bleed down rate of 65 cubic feet per second (c fs), it may take up to a
week for surface wafter elevations to reach their control elevations.
- The calculated bleed down rate was based on a fixed discharge structure configuration.
Subsequent to the review, NPBCID decided to utilize an operable discharge structure.
Additionally, the calculated bleed down rate did not consider percolation rates. Since the control
elevation within the basin has been lowered to 3.5 and the sods in the area have been shown to
have good hydraulic conductivities, percolation should also reduce the bleed down rate.
8. Basin 4 is in effect being used, as a large retention pond. During a 100 -year storm, the
stage elevation may reach 8.5 feet NGVD. As a result, the proposed improvements
include a perimeter berm and finished floor elevations at an elevation of 9.0 feet NGVD.
Although CH2M HILL, did not have a copy of the design plan for the proposed
residential developments within Basin 4, it is our understanding that a substantial
number of buildings are proposed. To achieve the required elevations, building pads
will be necessary that will, in effect, remove a significant volume from the proposed
storage capacity of the basin. As part of the modeling, the total storage area of Basin 4
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UNIT 1S . REVIEW OF PROPMM MORMWATER
was reduced from 45 acres to 37 acres. This may not be sufficient to reflect the total loss
of storage eliminated by the building pads, roads, and other supporting structures.
Q 007
During the review, CH2M HILL reviewed some drawings provided by NPBCID and Gee &
Jensen. The drawings appear appropriate only for permitting purposes and appear
inadequate for directing construction activities. The following concerns were identified
during the review of the drawings provided. In the previously discussed meeting, it was
confirmed that the NPBCID drawings were for permitting purposes only and the Gee &
Jensen drawings were rnncepfiial_ plans.
1. Inconsistencies exist between control structures illustrated in the drawings and those
outlined in the SFWMD permit application.
- These inconsistencies were addressed in an addendum to the SFWMD staff report for the
permit application.
2. Information regarding the interconnection between Basins 2 and 3 is missing or
incomplete.
- This interconnection currently exists and the configuration will not be modem.
3. Additional information regarding the interconnection between the expanded 7.0 acre
lake within Basin 3 and the Control Structure 3 is needed.
- This information urd[ be provided in the construction drawings.
4. The interior of Basin 2 appears to be entirely bermed leaving no inlet to receive flow
from the southern portion of the basin.
- The berm was designed to prevent short - circuiting through Basins 1, 2, and 3. There is a
stormwater sewer system that connects the southern portion of Basin 2 to the 2.18 acre lake in the
northern portion of the Basin 2 that is not depicted on the drawings.
5. Control elevation in Basin 3 should be 4.5 feet not 43 feet (Gee & Jenson drawings sheet
C -1— Drainage Information).
- This information will be corrected to 4.5 feet in the construction drawings.
6. Perimeter berm elevations in Basin 3 is given as 11.5 feet which conflicts with the
NPBCID elevation of 11.4 feet.
- This information will be corrected to 11.4 feet in the construction drawings.
7. Culvert system on Lone Pine Road: — Gee & Jenson drawings illustrate 48 -inch RCP
while NPBCID drawings and SFWMD permit application indicate 36 -inch.
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UNR 19. REVIEW Of PROPOSED STORMWATEA SYSRM IMPROVEMENT'S
This information will be corrected (on the NPBCID drawings) to 48- inches to reflect model
results.
8. Regraded road elevation on Lone Pine Road: — Gee & Jenson drawings call for 8.6 feet
while NPBCID drawings and SFWMD permit application call for road elevation to be
8.0 feet.
- This information will be corrected to 8.0 feet in the construction drawings.
9. The configuration of Control Structure No. 4 in the design drawings is different from the
information provided in the permit application.
- This inconsistency was addressed in an addendum to the SFWMD staff report for the permit
application.
10. Control Structure S-1 receives water entering Basin 4 from the western portion of the
mobile home park. The control structure contains a "slot" with a dimension of 2.7 feet
by 0.1 feet. This opening is provided to permit the first flush of water to enter Basin 4
for wafter quality treatment purposes. The slot configuration should either be changed
or a protective cage added to prevent blockage.
- The configuration of this structure has been previously per; ;pitted by the SFWMD, and
another permit would have to be modified in order to change the configuration of this structure.
11. On the Stormwater Management System drawings (Gee & Jenson), the drawings
illustrate two lakes interconnected by a 72 inch pipe — in other drawings this is
illustrated as a single lake.
- This apparent discrepancy is due to the phasing of the project. The lake will temporarily be a
single lake, but as the area is developed and a proposed road is constructed, the 72 -inch pipe will
connect the two lake segments.
12. On the Stormwater Management System drawings (Gee & Jenson), the detail note along
Atlantic Road should read "Berm elevation to be 3 feet above crown of road or 11.4 feet
NGVD whichever is greater."
- This information will be changed in the construction drawings.
13. On the Stormwater Management System drawings (Gee & Jenson), the locations of the
inlets along the northeast section of Basin 4 should be outside the berm within the buffer
area. No interconnections should be made between the system within and outside the
berm without an appropriate control structure.
- This information will be changed in the construction drawings.
Concluslons and Recommendations
This independent review of the current drainage plan for Unit 19 identified a number of
apparent inconsistencies between the numerous reports and plan sheets prepared by the
various groups involved in developing the plan. A review meeting clarified most of the
inconsistencies. In most cases, the remaining inconsistencies are not considered likely to be
significant problems likely to affect the success of the proposed plan in terms of alleviation
Invi
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of historical flooding in Unit 19. This TM identifies the items found that are considered
worth further investigation. We recommend that the following items be addressed:
1. Re- evaluate the maximum stage elevation of Basin 3. Document that sufficient
interconnections between the sub - basins are present to allow for lake elevations to drive
maximum stage elevations. Also, confirm that the proposed perimeter berm elevations
are sufficient to prevent sheet flow to the north.
2. Re- evaluate the post development storage capacity of Basin 4. Re- evaluate the loss of
storage produced by building pads and roads.
3. Re -visit the consistency of land use within Basin 4. Storage of significant volumes of
water within the Oak Preserve may have detrimental impacts on vegetation and habitat.
OFWFLWO2100DW 7
A
Joe. Russo July 05, 2001
Mayor of Palm Beach Gardens
Dear Mayor:
I think the City of Palm Beach Gardens is going to miss an opportunity. Sometime in the
future (10 years maybe), Tri-Rail may go all the way to Jupiter. It could include a stop at
the Gardens Mall and the ideal spot for a Tri-Rail station would be just south of an
overhead roadway crossing (not an at -grade crossing) from parcel 5A to Kyoto Drive.
Why that spot ?, because passengers getting off the Tri -Rail, via a pedestrian ramp, could
walk up to meet the overpass roadway and safely cross over to the future shopping Plaza
that will include a new movie theatre. They could easily walk to the Gardens Mall.
If needed for the Tri-Rail side track and a pedestrian ramp, the trench parallel to the FEC
Railway tracks, on the east side of parcel 5A, could be filled with dirt coming from the
enlargement of the small canal north of parcel 5A. We all know that Plat 4 could use a
rain water storage area and it could be done on that Pine Tree dirt road.
The City of Palm Beach Gardens would need the cooperation of Catalfumo Company, the
property owner of parcel 5A. Their representative is opposed to a 2 lane overpass
roadway because he says that it would take too much land out of parcel 5A for an access
ramp. About 1000 feet would be needed for that ramp going from the eastern edge of the
trench and go west to land about 700 feet inside parcel 5A. Catalfumo Company is
putting aside in parcel 5A ten acres of land, for preservation and maintenance of upland
habitat. I believe some adjustment could be made in order to compensate Catalfumo
Company for the lost of land in constructing the ramp that would access to the 2 lane
overpass roadway. I would suggest changing the 10 acres to 9 acres of land set aside.
Very soon I hope to have a meeting with FDOT in order to review the PGA Flyover SW
ramp and get some precise information on how that ramp could accommodate a 2 lane
overpass roadway instead of an at -grade railroad crossing. As you all know FEC railway
will not give their authorization for an at -grade railroad crossing at that location due to
safety. The residents of Garden Woods are also opposed to an at -grade railroad crossing
and they do not believe that a "QUIET ZONE " for that particular crossing could be put
in force. The residents of Garden Woods would be stuck with a high decibel horn noise.
A representative of the City and a representative of Catalfumo Company would be very
welcome at the next FDOT meeting.
Sincerely,
Roger Blangy (Principal Garden Woods Representative)
11658 Hemlock street
Palm Beach Gardens Fl 33410
cc: Kenneth A. Blair, Executive Government Liaison Catanmo Company
Gerry O'Reilly, FDOT Acting Director of Planning & Production
0 CITY COUNCIL REGULAR MEETING, 6/7/01
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
June 7, 2001
The June 7, 2001 Regular 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; and opened with the Pledge of Allegiance
to the Flag.
ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance:
Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember
Lauren Furtado, and Chair Pro Tem Carl Sabatello.
PRESENTATIONS
Academic Achievement Certificates - Mayor Russo read aloud the names of seniors from Dwyer and
Palm Beach Gardens high schools who had earned academic awards and presented to each of them
certificates for academic achievement.
Athletic Achievement Proclamation, Vice Mayor Jablin made a motion to approve the proclamation
for Palm Beach Gardens High School Cheerleading Squad. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote. Mayor Russo read aloud the proclamation of athletic
achievement awarded to Palm Beach Gardens High School Cheerleading Squad.
Athletic Achievement Proclamation - Vice Mayor Jablin made a motion to approve the proclamation
for Palm Beach Gardens High School Girls Softball Team. Councilman Clark seconded the motion,
which carried by unanimous 5 -0 vote. Mayor Russo read aloud the proclamation of athletic
achievement awarded to Palm Beach Gardens High School Girls Softball Team.
Recognition for Lifesaving Actions - Mary Lou Gugliotta was recognized for her recent action that
saved the lives of twins.
Moment of Silence - A moment of silence was observed for the passing of Harvey Stern.
Motivational Video Presentation - Hank DuFour presented a motivational video used for training
staff.
Disaster Recovery Contract - Representatives of Grubbs Construction Company Emergency
Management Division presented a governmental agency contract that would be activated only in the
event of a disaster. It was explained that after the event damage assessment would be done, and
upon notice to proceed, the company would help with debris management, submit an invoice to the
City, assist with the City's submittals to FEMA and in obtaining reimbursement for the City from
FEMA. A representative of Solid Waste Authority explained that their contract provided for them
to be the City's primary disaster contractor. Following extensive discussion, it was noted that the
concept was to have as many resources as possible to address disaster events. The City Council
indicated they were in agreement with the concept, and that details could be provided at a later date.
ITEMS AND REPORTS BY MAYOR AND COUNCIL
Councilmember Furtado explained that a NASA satellite - imaging program that was already paid for
by taxes could benefit the City by providing information on wetlands and drainage systems, and
0 CITY COUNCIL REGULAR MEETING, 6/7/01 2
noted that she would obtain further information. Vice Mayor Jablin reported that he,
Councilmember Furtado, and the City Manager had attended a recent North County Governmental
meeting at Juno Beach at which the traffic summit, connectivity, public transportation links, and
mutual landscaping issues had been discussed. He explained that it had been decided to continue
these meetings monthly. The City Manager commented that the purpose of the annexation portion
of the meeting for managers had been to discuss inter jurisdictional incompatibilities of some of the
annexation areas, and that within the next two weeks further conversations would be held with Juno
Beach, North Palm Beach, and Lake Park to get a staff position regarding the areas of conflict.
Mayor Russo suggested using the Municipal Complex as a gathering place for more cultural events,
using corporate sponsorship, and to look into holding a Saturday green market. The Vice Mayor
suggested a concert series with corporate sponsorship. Mayor Russo reported he had met with Pratt
Whitney representatives regarding ideas for use of the Pratt Whitney property for economic
development activity. Councilmember Furtado indicated that site was within the free trade zone.
CITY MANAGER REPORT
Bums Road Project - Jack Doughney, Assistant to the City Manager, presented the staff
recommendation to provide a fully signalized intersection and pedestrian crosswalk at the existing
eastern exit/entrance of the park with new alignment for the community center directly to the south,
allowing for a cross access agreement to the east with the Weiss school parcel. Councilmember
Furtado favored a tunnel for safety reasons. Mr. Doughney proposed closing certain access to
gft ballfields to route the pedestrian traffic to the proposed intersection. The number of people actually
crossing the street, increased traffic and lanes, grant funds, and pros and cons of the alternatives were
discussed. Resident Richard Orman expressed concern with increasing the number of lanes to DOT
standard, safety concerns regarding the alternative that included a rise in the road, complimented
staff on their innovative solution, and favored moving the staff recommendation forward. City
Engineer Dan Clark commented the road had been designed to City standards, not DOT or County
standards, to be more City friendly. Direction to staff was to proceed with their recommended
alternative.
COMMENTS FROM THE PUBLIC:
Joan Elias, Diamond Head Way, expressed excitement over the proposed new alternative for the
Burns Road project, and congratulated staff and the City Council for the good neighborhood
association meeting held during the past week.
CONSENT AGENDA:
Councilman Clark made a motion to approve the Consent Agenda. Vice Mayor Jablin seconded the
motion, which carried by unanimous 5 -0 vote. The following items were approved on the Consent
Agenda:
a. Minutes - Consideration of approving minutes of the May 3, 2001 Regular City Council
Meeting.
b. Florida Firefighter Physical Games - Consideration of supporting the Fire Rescue Department
in hosting the Florida Firefighter Fitness Games in the year 2004.
C. Resolution 82, 2001 - St. Mark's Plat. Consideration of approving the St. Mark's Church
Plat.
d. Resolution 84, 2001 - Mirasol Parcel 20 Concurrent Processing. Consideration of approving
concurrent processing of applications submitted by Taylor Woodrow Communities at
Mirasol, Ltd., for site plan review of Parcel 20 and for an amendment to the Mirasol Planned
0 CITY COUNCIL REGULAR MEETING, 6/7/01 3
Community Development located on the northwest comer of PGA Boulevard and the Florida
Turnpike. -
e. Resolution 95, 2001 - Acceptance of Donation of Land. Consideration of executing an
agreement with Seacoast Utility Authority relating to the Lilac Street Water Plant Property;
authorizing the acceptance of a quit Claim Deed and the Grant of Utility and Access
Easements.
f. Resolution 88, 2001 - South Florida Water Management District Sand Hill Crane
Conservation Project. Consideration of approving an application from South Florida Water
Management District for removal of exotic vegetation, reforestation and hydrologic
restoration within the Sand Hill Crane Natural Area, located northeast of the Bee Line
Highway approximately three miles north of PGA Boulevard; providing for a condition of
approval.
g. Master Plan for District Park. Consideration of rejecting all proposals received for Master
Plan for District Park'Project.
h. Award of Bid - Gardens Park Remediation Project. Consideration of awarding the contract
to Ardaman Associates, Inc. for Year One Operation and Maintenance of the Remediation
System for the Gardens Park Contamination Project.
i. Resolution 89, 2001— Frenchman's Reserve Parcel A Site Plan. Consideration of approving
a site plan application for "Pod A" located within the Frenchman's Reserve Planned
Community Development, allowing for the development of 43 single - family homes, located
approximately 1/4 mile east of the intersection of Hood Road and Alternate AIA; providing
for conditions of approval; providing for waivers.
j. Resolution 90, 2001— Frenchman's Reserve Entry and Signage. Consideration of approving
a site plan application allowing for the construction of entry features and signage within the
Frenchman's Reserve Planned Community Development (PCD) and adjacent County right -
of -way; located directly east of the intersection of Hood Road and Alternate AIA, providing
for conditions of approval; providing for waivers.
k. Resolution 94, 2001 - Village Square Professional Park Plat. Consideration of approving the
Village Square Professional Park Plat.
PUBLIC HEARINGS:
Ordinance 12, 2001 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
12, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing "
for the approval of an application from the PGA Marriott for an amendment to a Planned Unit
Development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at
4000 RCA Boulevard, as more particularly described herein; providing for a waiver; and providing
for an effective date. Growth Management Director Charles Wu presented the request. Hearing no
comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made
a motion to place on second reading by title only and to approve Ordinance 12, 2001. Motion was
seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. The City Clerk read Ordinance
12, 2001 on second reading by title only.
Resolution 81, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Resolution 81, 2001 - A Resolution of the City of Palm Beach Gardens, Florida, providing for
amendment of Resolution 96, 1999, the consolidated and amended development order for the
Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD);
CITY COUNCIL REGULAR MEETING, 6/7/01 4
providing for amendment of the Master Development Plan to reconfigure the alignment of Victoria
Gardens Drive, relocate the Neighborhood Commercial Parcel 6; redesignate the use of- Parcel 6 as
Multifamily Residential, relocate Parcel 4 to the east of the Water Management Tract, redistribute
the acreage of Parcel 7 equally between Parcel 4 and the community serving open space area around
Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend
condition #1 to establish and adopt a land -use conversion matrix; providing that the City Clerk shall
transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure
Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners
Association, Inc., and the Mall Properties, Ltd.; providing for repeal of resolutions in conflict; and
providing for an effective date. Growth Management Director Charles Wu advised that Resolution
81, 2001, which was continued from May 17, 2001 did not need to be heard tonight, and would be
re- advertised when the applicant was ready. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. The City Attorney advised that no action was necessary.
RESOLUTIONS:
Resolution 86, 2001 - Councilmember Sabatello declared a conflict of interest and stepped down.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval
of a site plan for the construction of 23 single family units on 7.48 acres within Parcel 21 in the
BallenIsles . Planned Community District, as more particularly described herein; providing for
conditions of approval; providing for waivers; providing for conflicts; providing for severability; and
providing for an effective date. Growth Management Director Charles Wu provided the staff
presentation. Councilmember Clark made a motion to approve Resolution 86, 2001. Vice Mayor
Jablin seconded the motion, which carried by unanimous 4 -0 vote. Roy Davidson, BallenIsles
developer, thanked the City Council, staff, and design firms for the opportunity to work with them.
Resolution 97, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
providing for the appointment of five (5) regular members and one (1) alternate member to the Parks
and Recreation Advisory Board of the City of Palm Beach Gardens in order to fill expired terms;
and, providing for an effective date. The City Attorney clarified that related family members could
not serve on any advisory board directly appointed by the City Council after the population of the
City had exceeded 35,000. Councilmember Furtado noted that one of the proposed appointees was
qualified in ADA, Councilman Clark moved approval of Resolution 97, 2001 with the following
names inserted in the blanks in Section One: Mary Anne Hedrick, Robert G. Premuruso, Philip W.
Milton, Tori Buckley, Mark Konigsberg; and inserted in the blank in Section Two: Pam Sartory.
Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote.
ORDINANCES:
Ordinance 11, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
relating to road impact fees; amending Sections 49, 50, 51, 54, 55, and 57 of Division IV, "Citywide
Impact Fees," of Article III, "Development Review Process," of the City's Land Development
Regulations to delete references to "Collector Roads" and to clarify those provisions relating to
alternative payments and credits for the payment of road impact fees; providing for codification;
providing for severability; and providing for an effective date. Finance Director Olson explained
that this ordinance addressed items which had been overlooked and left out of Ordinance 31, 2000.
Councilman Clark moved to place Ordinance 11, 2001 on first reading by title only. Vice Mayor
Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance
11, 2001 on first reading by title only.
9 CITY COUNCIL REGULAR MEETING, 6/7/01 5
Ordinance 17, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida,
relating to communications facilities in public rights -of -way; amending Chapter 62 of the City Code
of Ordinances to create a new Article VII entitled "Placement of Communications Facilities in
Rights -of- Way;" providing for definitions; providing for registration for placing or maintaining
communications facilities in public rights -of -way; providing for notice of transfer, sale or assignment
of assets in public rights -of -way; providing for placement or maintenance of a communications
facility in public rights -of -way; providing for suspension permits; providing for appeals; providing
for existing communications facilities in public rights -of -way; providing for insurance; providing
for indemnification; providing for construction bond; providing for security fund; providing for
enforcement remedies; providing for abandonment of a communications facility; providing for force
majeure; providing for reservation of rights and remedies; providing for codification; providing for
severability; providing for conflicts; and providing for an effective date. Councilman Clark moved
to place Ordinance 17, 2001 on first reading by title only. Vice Mayor Jablin seconded the motion,
which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 17, 2001 on first reading by
title only.
ITEMS FOR COUNCIL ACTION:
Cost of Inventory for Retention and Detention Ponds and Request from Councilmember Furtado for
Herb Zebuth to address City Council regarding Retention and Detention Ponds - City Engineer Dan
Clark explained that the proposed inventory contract would cover all water storage facilities within
the City to provide information for the GIS database and to learn whether any control structures had
been modified to release water faster without the City's knowledge, which worsened conditions
downstream. Concern was expressed regarding the cost of the proposed inventory. Councilmember
Furtado suggested a presentation from Herb Zebuth, with the Florida Department of Environmental
Protection, be made before making a decision to do an inventory since that would incur no cost and
he might suggest something better. City Manager Ferris indicated presentation of a plan for the
canals was planned for the June 21 City Council meeting. Councilman Sabatello suggested the
consultant for the canal plan be present for Mr. Zebuth's presentation.
ITEMS FOR DISCUSSION:
Fathom Restaurant (formerly Hibiscus) Outdoor Seating. Review of impacts of outdoor seating at
Fathom's Restaurant (f/k/a Hibiscus Restaurant)- (Continued from May 17, 2001). - Growth
Management Director Charles Wu explained that the original approval required this project to be re-
visited in May, 2001 to assure that the conditions of approval had been met; however, there was no
sunset clause; and presented a letter dated May 29, 2001 from Mr. Arnold, a resident living adjacent
to the property, regarding code enforcement items which the City was acting on and noise
complaints. Mr. Wu reviewed correspondence received in connection with this matter, indicated that
staff believed the conditions of approval had been met and would continue to closely monitor,
especially for noise violations. The City Attorney advised that it had been made very clear to the
applicant that this approval could be revoked by the City Council in the event of violations. Jim
Brindell, with The Breakers, acknowledged that the applicant agreed, and was continuing to work
with Mr. Arnold by placing tables with four on the north side close to Mr. Arnold's property and the
tables with six farther away. Councilman Clark recommended that large parties occupying multiple
tables not be seated on the north side. Councilman Sabatello complimented the management for
their efforts.
CITY COUNCIL REGULAR MEETING, 6/7/01 6
Kyoto Drive Railroad Crossing Update - Principal Planner Steve Cramer reported the FEC Railroad
had indicated they would not approve the proposal, and a notice of intent from' FDOT was
anticipated on Friday, June 15, after which the City could request an administrative hearing before
the State of Florida, and the hearing officer could approve or deny the application. If the City did
not agree with the hearing off'icer's decision, this matter could be taken to Court. City Engineer Dan
Clark indicated a meeting had been held with FEC, DOT, and residents on May 11 regarding
crossing issues, after which a letter had been received from FEC, dated May 29. Since the letter had
contained many inaccurate statements, the City had prepared a response which it was hoped would
cause the FEC to reconsider based on new and accurate information. The City Engineer advised that
the proposal to go over the tracks would mean the road deck must be approximately 42' high to clear
both the tracks and the on ramp; therefore, the at -grade crossing was being pursued. The City
Engineer noted the County was entertaining incentive grants for road improvements, and the City
had applied for a $1.6 million grant for Kyoto Drive. Vice Mayor Jablin questioned whether the
CRALLS designation for PGA Boulevard could be lost if the Kyoto Drive linkage with Military
Trail did not happen. Discussion ensued. The City Council's position was to support the at -grade
crossing and to create a quiet zone that would include Kyoto Drive. Ken Blair, Catalfumo, who
would be building the road, indicated it would be a minimum of 3 years before construction would
begin. Vice Mayor Jablin requested he be allowed to show a video at the next meeting of a type of
gate which might be useful for Kyoto Drive to close the road from 10 p.m. to 6 a.m., and indicated
AM that his goal was to establish a quiet zone to include the crossing at Donald Ross Road extending
through and including the Lighthouse Drive railroad crossing.
ADJOURNMENT:
There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice
Mayor Jablin, carried 5 -0, the meeting was adjourned at 9:50 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
CHAIRMAN PRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
ATTEST:
CAROL GOLD
CITY CLERK
FORM
OUNTY,
813 MEMORANDUM OF VOTING CONFLICT FOR
MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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NAME UP- HOARD. COUNCIL . 4LUMMt%%1O-%. AU 1 iM1411 Y. UR C'UM Mill EE
1 HE HOARD, COW-111- COMMISSION. AUl HORIII OR COMMnTEE ON
WHICH I SERVE IN A UNIT OF ' -
a COUNTY O OTHER LOCAL. AGENCY
NAME OF POLITICAL. SUSIDIVKION:
MY POSITION IS
WHO MUST FILE FORM 88
W- 91- ECTiVE 0 APPOINTIVE
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board.
council, commission. authority. or committer It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 11:.3143. Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest .will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the'instructions on this form
before completing he reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective count%, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b% publicly stating to the as.cmbly the nature of your intereit in the measure on
which you are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording o
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MIST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication. whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH �
10E VOTE WILL BE TAKEN:
ou should complete and file this form (before making any attempt to influence the decision) with the perwn responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form ,hould be provided immediately to the other members of the agency. M
• The form , hould be grad ,)tlbllciy at the meeting prior to consideration of the matter in which you have 3 conflict of interest.
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: - 06/25/01
Meeting Date: 07/05/01
Subject/Agenda Item
Resolution 110, 2001, approving an amendment to the City's Investment Policy.
Recommendation /Motion:
Consider a motion to approve Resolution 110, 2001.
Reviewed b
Originating Dept.:
Costs: $
Council Action:
(Total)
City Attor y
Finance
[ ] Approved
$
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ J Continued to:
Other
Date:
[ J Operating
Attachments:
Paper:
( ] Not Required
[ X i Other
Memorandum
Submitted by:
Kent R. Olson K�
Finance Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City nag
[ X J Not required
BACKGROUND: See attached memorandum.
n
•
•
•
CITY OF PALM BEACH GARDENS
MEMORANDUM
.�, , Ate•
TO: Ronald M. Ferris, City Manager DATE: June 25, 2001
FROM: Kent R. Olson, Finance DirectorKI)A
SUBJECT: Resolution 110, 2001 — Investment Policy Revisions
BACKGROUND
The City adopted an investment policy dated August 31, 1995, to comply with
State Statutes which required local governments to adopt an investment policy by
October 1, 1995. We have twice made minor revisions to the policy since; in May 1997,
and in December 1998. The State Legislature made a few minor changes to Section
218.415 of the State Statutes in the 2000 Legislative Session that will require a few
additional statements to our current Investment Policy.
DISCUSSION
Resolution 110, 2001 approves the amended Investment Policy of the City to
come into compliance with the revisions to Florida State Statutes. The new law added a
requirement for eight (8) hours of continuing education for the local government officials
that are responsible for making investment decisions or for the chief financial officer.
We have added a section Q to the Investment Policy to satisfy this requirement. The law
also requires additional language regarding the authorized investments (Section E) and
the competitive bidding of investment products (Section L). I would like to point out that
the additional language proposed for insertion is already followed by City staff.
RECOMMENDATION
Staff recommends approval of Resolution 110, 2001, approving an amended
Investment Policy.
n
r]
RESOLUTION 110, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, APPROVING AN AMENDED INVESTMENT POLICY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida,
originally adopted an investment policy in August, 1995 that met the
requirements of Section 218.415, Florida Statutes;
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, has
amended the policy in May, 1997, and in December, 1998; and
WHEREAS, Section 218.415, Florida Statutes has been amended which
necessitates the amending of the City's current Investment Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated
herein.
Section 2. The City Council hereby adopts the amended Investment
Policy attached hereto as "Exhibit A" and incorporated herein by this reference.
Section 3. 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. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 5. This Resolution shall be effective upon adoption.
•
•
•
INTRODUCED, PASSED AND ADOPTED this 5th Day of July, 2001.
MAYOR JOSEPH R. RUSSO
ATTEST APPROVED AS TO LEGAL FORM AND
SUFFICIENCY
CAROL GOLD, CMC, CITY CLERK WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER FURTADO
COUNCILMEMBER CLARK
COUNCILMEMBER SABATELLO
AYE NAY ABSENT*
L:\kent\ ordinances &resolutions\resolution1102001 investmentpolicy
Q
EXHIBIT A
CITY OF PALM BEACH GARDENS
INVESTMENT POLICY
AUGUST 31, 1995
REVISED MAY 15, 1997
REVISED DECEMBER 17, 1998
REVISED JULY 5, 2001
A. Scope of Investment Policy
This Investment Policy applies to the investment activities of the City of Palm Beach Gardens, except for the
General Employees, Police and Firefighters' Pension Funds which are subject to the order of the Board of
Trustees of those particular funds. In addition, all other Trust Funds, Deferred Compensation Funds and
depositories for defeased debt or assets under Bond Trust Indenture Agreements when controlled by third party
custodians and/or money managers shall be managed outside the scope of this Investment Policy as required
by Florida State Statutes, Section 218.415. All financial assets of other funds, including the General Fund,
Special Revenue Funds, Capital Project Funds, Debt Service Funds, Enterprise Funds, and other funds that may
be created from time to time, unless specifically exempted by the City Council, shall be administered in
accordance with the provisions of this Policy.
B. Objectives of Investment Policy
The purpose of the Investment Policy of the City of Palm Beach Gardens is to establish cash management and
investment guidelines for City officials responsible for the stewardship of public funds. Specific objectives
include:
1. Safety of principal is the foremost objective of the Investment Policy of the City of Palm Beach
Gardens. Each investment transaction shall seek to first ensure that capital losses are avoided, whether
they be from institution or securities defaults or erosion of market value.
2. The City's investment portfolio shall remain sufficiently liquid to enable the City to meet all operating
requirements which may be reasonably anticipated.
3. The investment program shall seek to maximize the investment returns given the limitations imposed
by maintaining safety of principal and liquidity.
4. The City shall diversify its investments to avoid incurring unreasonable risks regarding specific
security types and /or individual financial institutions.
C. Performance Measures
The investment portfolio of the City shall be designed with the objective of regularly exceeding the average
return of one -year U.S. Treasury Bills. The investment program shall seek to augment returns above this
threshold, consistent with risk limitations identified herein and prudent investment principles.
•
City of Palm Beach Gardens - Investment Policy
July 5, 2001
Page 2
D. Prudence and Ethics
The standard of prudence to be applied in the context of managing the overall portfolio for the investment of
City funds shall be the "Prudent Person Rule" which states:
"Investments shall be made with judgment and care, under circumstances then prevailing which
persons of prudence, discretion and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the probable safety of their capital as well as the
probable outcome to be derived."
Any employee authorized to purchase investments acting in accordance with the written procedures of this
investment policy and exercising due diligence shall be relieved of personal responsibility for an individual
security's credit risk or market price changes, provided deviations from expectations are reported in a timely
fashion and appropriate action is taken to control adverse developments.
Employees involved in the investment process shall refrain from personal business activity that could conflict
with proper execution of the investment program, or which could impair their ability to make impartial
investment decisions. Employees shall disclose to the City Manager and City Council any material financial
interest in financial institutions that conduct business with the City of Palm Beach Gardens and shall further
disclose any large, personal financial/investment positions that could be related to the performance of the City's
0 portfolio.
E. Investment Selection
The City of Palm Beach Gardens shall limit its investments to any of the securities listed below:
1. Negotiable direct obligations of, or obligations the principal and interest of which are unconditionally
guaranteed by, the United State Government at the then prevailing market price for such securities;
2. Obligations of the federal farm credit banks; the Federal Home Loan Mortgage Corporation, including
Federal Home Loan Mortgage Corporation participation certificates; or the Federal Home Loan Bank
or its district banks or obligations guaranteed by the Government National Mortgage Association;
3. Obligations of the Federal National Mortgage Association, including Federal National Mortgage
Association participation certificates and mortgage pass - through certificates guaranteed by the Federal
National Mortgage Association;
4. Interest - bearing time deposits or savings accounts in banks organized under the laws of this state, in
national banks organized under the laws of the United States and doing business and situated in this
state, in savings and loan associations which are under state supervision, or in federal savings and loan
associations located in this state and organized under federal law and federal supervision, provided
that any such deposits are secured by collateral as may be prescribed by law;
5. Securities of, or other interests in, any open -end or closed -end management type investment company
or investment trust registered under the Investment Company Act of 1940, as amended from time to
time, provided the portfolio of such investment company or investment trust is limited to United States
Government obligations and to repurchase agreements fully collateralized by such United States
Government obligations and provided such investment company or investment trust takes delivery of
such collateral either directly or through an authorized custodian.
City of Palm Beach Gardens - Investment Policy
July 5, 2001
Page 3
6. The Local Government Surplus Funds Trust Fund (State Board of Administration);
The Florida Counties Investment Trust.
8. Short term obligations of corporations organized in the United States with assets exceeding
$500,000,000 if (a) such obligations are rated at the time of purchase at one of the three highest
classifications established by at least two standard rating services and which mature not later than 180
days from the date of purchase, and (b) such purchases do not exceed ten percent of the corporation's
outstanding obligations.
9. Floating rate securities within categories 1. through 3. above, provided the rate is tied to the interest
rate paid on United States Treasury securities or an index thereof. The Finance Director must have
a sufficient understanding of floating rate securities in order to invest in them.
The City will not invest any funds in financial forwards or futures, options, reverse repurchase agreements and
inverse floaters.
F. Maturity and Liquidity Requirements
The City's portfolio shall be structured to provide the necessary funds to pay the expenses of the City in a timely
manner. Investments shall be purchased consistent with a "buy and hold to maturity" philosophy, matching
maturities to anticipated cash flow needs of the City.
G. Portfolio Composition
The portfolio shall be designed to provide a balance of short-term and medium -term maturities designed to meet
the liquidity needs of the City. In addition, the portfolio shall be diversified with respect to investment
instruments and issuers as follows:
1. On any given date, at least 40% of the portfolio shall mature within one year.
2. On any given date, not more than 20% of the portfolio shall mature beyond five (5) years.
3. No security purchased may have a maturity (or expected life) of greater than fifteen (15) years.
4. Commercial paper shall not exceed 60% of the City's investment portfolio.
No single issuer of commercial paper shall comprise more than one -third of the total commercial paper
portfolio of the City.
6. No bank or savings association shall hold more than 50% of the City of Palm Beach Gardens'
investment portfolio, exclusive of securities held in safekeeping as a third party custodian.
H. Risk and Diversification
In order to reduce the risk of loss from overconcentration of assets in a specific maturity, issuer, instrument,
dealer or bank, the investment portfolio shall be managed to minimize the potential risk from default and
changes in market conditions. The Finance Director shall seek to balance the portfolio among issues, issuers,
City of Palm Beach Gardens - Investment Policy
July 5, 2001
Page 4
maturities, investment vehicles, and financial institutions. The Finance Director and City Manager shall review
the portfolio not less than quarterly to review the adequacy of the diversification strategy.
Authorized Investment Institutions and Dealers
The City may purchase securities from any primary dealer in government securities, a regional broker if they
have been in business for 10 years and have a minimum of $10,000,000 of capital, or a qualified public
depository. Broker - dealers shall be selected using the following criteria:
1. The institutional and broker qualifications as they relate to both general and specific product
knowledge;
2. The ability to provide value added services;
3. pricing competitiveness; and
4. the financial strength and stability of the company.
Investments in savings accounts, certificates of deposit or other deposit accounts in a bank or savings
association may be made only in qualified public depositories as defined by Florida State Statutes section
280.02.
All authorized institutions and dealers conducting business with the City shall be given a copy of the City's
Investment Policy and be required to abide by the Investment Policy. The broker shall execute a certification
acknowledging receipt of the Investment Policy and agreeing to follow its terms and conditions.
Third -Party Custodial Agreements
All investments purchased or collateral obtained as security for investments purchased under this policy shall
be properly designated as an asset of the City and held in safekeeping by a third party custodial bank or savings
association, chartered by the United States Government or the State of Florida. The third party shall be the
designated agent of the City, ensuring that all assets held on behalf of the City shall be clearly held and
accounted for to indicate ownership by the City. No withdrawal of such securities, in whole or in part, shall
be made from safekeeping except as authorized by the Finance Director.
The City shall settle the purchase or sale of securities on a "delivery vs. payment" basis, if applicable.
K. Master Repurchase Agreement
All repurchase agreements transacted, if permitted by ordinance, must be in compliance with the requirements
of the Master Repurchase Agreement (attached). The Master Repurchase Agreement shall be supplemented
by an Annex which addresses the issues of permissible purchased securities, delivery, substitution, margin
ratios, margin maintenance and notification of parties.
L. Competitive Bidding
For all investment purchases or sales, the City shall seek multiple quotations from authorized brokers and
financial institutions, when feasible and appropriate, in order to maximize the performance of the portfolio.
City of Palm Beach Gardens - Investment Policy
July 5, 2001
Page 5
The City shall determine the approximate maturity date based on cash flow needs and market conditions, and
analyze and select one or more optimal types of investment.
Competitive bids will not be required when:
The security involved is a new issue and can be purchased at auction or at a preset, initial offering
price.
2. The security is available only through a single dealer.
In all cases where competitive bidding is not feasible, the appropriateness and return of the investment shall be
compared to other investments with similar maturities available in the financial markets.
M. Internal Controls
The Finance Director shall establish a system of internal controls, which shall be documented in writing. The
internal controls shall be reviewed by the City Manager periodically and by the City auditor annually in
conjunction with the annual examination of the financial statements of the City. The controls shall be designed
to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties,
unanticipated changes in financial markets or imprudent actions by employees and officers of the City of Palm
Beach Gardens.
N. Reporting
The Finance Director shall submit a quarterly investment report to the City Manager and the City Council. The
report shall list investments by fund and type and include a summation of changes from the previous quarter.
O. Responsibility
The establishment of the investment policy is the responsibility of the City Council. The Finance Director,
under the direction of the City Manager, shall be responsible for implementing the policy and managing the
City's portfolio within its guidelines.
P. Cash Management
Except where otherwise provided by the City Council and State law, the Finance Director is authorized to pool
the cash of various funds to maximize investment earnings where it is advantageous and prudent to do so.
Investment income will be allocated to the various funds based upon their respective participation.
Q. Continuing Education
The Finance Director shall annually complete 8 hours of continuing education in subjects or courses of study
related to investment practices and products.
•
•
•
•
Public Securities Association
40 Broad Street, New York, NY 10004 -2373
Telephone (212) 809 -7000
MASTER REPURCHASE AGREEMENT
Dated as of
Between:
and
I�SII-
1. Applicability
From time to time the parties hereto may enter into transactions in which one party ( "Seller ") agrees to
transfer to the other ( "Buyer') securities or financial instruments ("Securities ") against the transfer of funds
by Buyer, with a simultaneous agreement by Buyer to transfer to Seller such Securities at a date certain or on
demand, against the transfer of funds by Seller. Each such transaction shall be referred to herein as a "Transaction"
and shall be governed by this Agreement, including any supplemental terms or conditions contained in Annex
I hereto, unless otherwise agreed in writing.
2. Definitions
(a) "Act of Insolvency'; with respect to any party, (i) the commencement by such party as debtor of any
case or proceeding under any bankruptcy, insolvency, reorganization, liquidation, dissolution or similar law, or
such party seeking the appointment of a receiver, trustee, custodian or similar official for such party or any
substantial part of its property, or (ii) the commencement of any such case or proceeding against such party,
or another seeking such an appointment, or the filing against a parry of an application for a protective decree
under the provisions of the Securities Investor Protection Act of 1970, which (A) is consented to or not timely
contested by such party, (B) results in the entry of an order for relief, such an appointment, the issuance of
such a protective decree or the entry of an order having a similar effect, or (C) is not dismissed within 15 days,
(iii) the making by a party of a general assignment for the benefit of creditors, or (iv) the admission in writing
by a party of such party's inability to pay such party's debts as they become due;
(b) Additional Purchased Securities'; Securities provided by Seller to Buyer pursuant to Paragraph 4(a)
hereof;
(c) 'Buyers Margin Amount", with respect to any Transaction as of any date. the amount obtained by
application of a percentage (which may be equal to the percentage that is agreed to as the Seller's Margin
Amount under subparagraph (q) of this Paragraph), agreed to by Buyer and Seller prior to entering into the
Transaction, to the Repurchase Price for such Transaction as of such date;
(d) "Confirmation'; the meaning specified in Paragraph 3(b) hereof;
(e) "Income'; with respect to any Security at any time, any principal thereof then payable and all interest,
dividends or other distributions thereon;
(f) "Margin Deficit'; the meaning specified in Paragraph 4(a) hereof;
(g) "Margin Excess'; the meaning specified in Paragraph 4(b) hereof;
(h) "Market Value ", with respect to any Securities as of any date, the price for such Securities on such
date obtained from a generally recognized source agreed to by the parties or the most recent closing bid
quotation from such a source, plus accrued Income to the extent not included therein (other than any Income
credited or transferred to, or applied to the obligations of, Seller pursuant to Paragraph 5 hereof) as of such
date (unless contrary to market practice for such Securities);
(i) "Price Differential'; with respect to any Transaction hereunder as-of any date, the aggregate amount
obtained by daily application of the Pricing Rate for such Transaction to the Purchase Price for suc n action
on a 360 day per year basis for the actual number of days during the period commencing on ( )
the Purchase Date for such Transaction and ending on (but excluding) the date of determinatio y
any amount of such Price Differential previously paid by Seller to Buyer with respect to such Transaction);
(j) "Pricing Rate'; the per annum percentage raze for determination of the Price Differential;.
(k) "Prime Rate'; the prime rate of U.S. money center commercial banks as published in=The Wall :Street
Journal; ,
(1) "Purchase Date ", tho date on which Purchased Securities a a transferred by Seller to Buyer;
(m) "Purchase Price'; (i) on the Purchase Date, the price at which Purchased Securities are transferred
by Seller to Buyer, and (ii) thereafter, such price increased by the amount of any cash transferred by Buyer to
Seller pursuant to Paragraph 4(b) hereof and decreased by the amount of any cash transferred by Seller to
Buyer pursuant to Paragraph 4(a) hereof or applied to reduce Seller's obligations under clause (ii) of Paragraph
5 hereof;
(n) "Purchased Securities'; the Securities transferred by Seller to Buyer in a Transaction hereunder, and
any Securities substituted therefor in accordance with Paragraph 9 hereof. The term "Purchased Securities"
with respect to any Transaction at any time also shall include Additional Purchased Securities delivered pursuant
to Paragraph 4(a) and shall exclude Securities returned pursuant to Paragraph 4(b);
(o) "Repurchase Date'; the date on which Seller is to repurchase the Purchased Securities from Buyer,
including any date determined by application of the provisions of Paragraphs 3(c) or 11 hereof;
(p) "Repurchase Price ", the price at which Purchased Securities are to be transferred from Buyer to Seller
upon termination of a Transaction, which will be determined in each case (including Transactions terminable
upon demand) as the sum of the Purchase Price and the Price Differential as of the date of such determination,
increased by any amount determined by the application of the provisions of Paragraph 11 hereof;
(q) "Seller's Margin Amount'; with respect to any Transaction as of any date, the amount obtained by
application of a percentage (which may be equal to the percentage that is agreed to as the Buyer's Margin
Amount under subparagraph (c) of this Paragraph), agreed to by Buyer and Seller prior to entering into the
Transaction, to the Repurchase Price for such Transaction as of such date.
3. Initiation; Confirmation; Termination
(a) An agreement to enter into a Transaction may be made orally or in writing at the initiation of either
Buyer or Seller. On the Purchase Date for the Transaction, the Purchased Securities shall be transferred to
Buyer or its agent against the transfer of the Purchase Price to an account of Seller.
(b) Upon agreeing to enter into a Transaction hereunder, Buyer or Seller (or both), as shall be agreed,
shall promptly deliver to the other party a written confirmation of each Transaction (a "Confirmation "). The
Confirmation shall describe the Purchased Securities (including CUSIP number, if any), identify Buyer and
Seller and set forth (i) the Purchase Date, (ii) the Purchase Price, (iii) the Repurchase Date, unless the
Transaction is to be terminable on demand, (iv) the Pricing Rate or Repurchase Price applicable to the
Transaction, and (v) any additional terms or conditions of the Transaction not inconsistent with this Agreement.
The Confirmation, together with this Agreement, shall constitute conclusive evidence of the terms agreed
between Buyer and Seller with respect to the Transaction to which the Confirmation relates, unless with respect
to the Confirmation specific objection is made promptly after receipt thereof. In the event of any conflict between
the terms of such Confirmation and this Agreement, this Agreement shall prevail.
(c) In the case of Transactions terminable upon demand, such demand shall be made by Buyer or Seller,
no later than such time as is customary in accordance with market practice, by telephone or otherwise on or
prior to the business day on which such termination will be effective. On the date specified in such demand,
or on the date fixed for termination in the case of Transactions having a fixed term, termination of the Transaction
will be effected by transfer to Seller or its agent of the Purchased Securities and any Income in respect thereof
received by Buyer (and not previously credited or transferred to, or applied to the obligations of, Seller pursuant
to Paragraph 5 hereof) against the transfer of the Repurchase Price to an account of Buyer.
4. Margin Maintenance
(a) If at any time the aggregate Market Value of all Purchased Securities subject to all Transactions in
which a particular party hereto is acting as Buyer is less than the aggregate Buyer's Margin Amount for all
such Transactions (a "Margin Deficit "), then Buyer may by notice to Seller require Seller in such Transactions,
at Seller's option, to transfer to Buyer cash or additional Securities reasonably acceptable
to Buyer ( "Additional Purchased Securities "), so that the cash and aggregate Market Value of the Purchased
Securities, including any such Additional Purchased Securities, will thereupon equal or exceed such aggregate
Buyer's Margin Amount (decreased by the amount of any Margin Deficit as of such date arising from any
Transactions in which such Buyer is acting as Seller).
(b) If at any time the aggregate Market Value of all Purchased Securities subject to all Transactions in
which a particular party hereto is acting as Seller exceeds the aggregate Seller's Margin Amount for all such
Transactions at such time (a 'Margin Excess "), then Seller may by notice to Buyer require Buyer in such
Transactions, at Buyer's option, to transfer cash or Purchased Securities io Seller, so that the aggregate Market
Value of the Purchased Securities, after deduction of any such cash or any Purchased Securities so transferred,
will thereupon not exceed such aggregate Seller's Margin Amount (increased by the amoun rgin
Excess as of such date arising from any Transactions in which such Seller is acting as Buyer
(c) Any. cash transferred pursuant to this Paragraph shall be attributed to such Transacti l be
agreed upon by Buyer and Seller.
(d) Seller and Buyer may agree, with respect to any or all Transactions hereunder, that the respective
rights of Buyer or Seller (or both) under subparagraphs (a) and (b) of this Paragraph may be exercised only
where a Margin Deficit or Margin Excess exceeds a specified dollar amount or a specified percentage of fhe%'.�
Repurchase Prices for such Transactions (which amount or percentage shall be agreed to by Buyer and Seller
prior to entering into any such Transactions).
(e) Seller and Buyer may agree, with respect to any or all Transactions hereunder, that the respective
rights of Buyer and Seller under subparagraphs (a) and (b) of this Paragraph to requirg the elimination of a
Margin Deficit or a Margin Excess, as the case may be, may be exercised whenever such a Margin Deficit or
Margin Excess exists with respect to any single Transaction hereunder (calculated without regard to any other
Transaction outstanding under this Agreement).
5. Income Payments
Where a particular Transaction's term extends over an Income payment date on the Securities subject to
that Transaction, Buyer shall, as the parties may agree with respect to such Transaction (or, in the absence of
any agreement, as Buyer shall reasonably determine in its discretion), on the date such Income is payable
either (i) transfer to or credit to the account of Seller an amount equal to such Income payment or payments
with respect to any Purchased Securities subject to such Transaction or (ii) apply the Income payment or
payments to reduce the amount to be transferred to Buyer by Seller upon termination of the Transaction. Buyer
shall not be obligated to take any action pursuant to the preceding sentence to the extent that such action
would result in the creation of a Margin Deficit, unless prior thereto or simultaneously therewith Seller transfers
to Buyer cash or Additional Purchased Securities sufficient to eliminate such Margin Deficit.
6. Security Interest
Although the parties intend that all Transactions hereunder be sales and purchases and not loans, in the
event any such Transactions are deemed to be loans, Seller shall be deemed to have pledged to Buyer as
security for the performance by Seller of its obligations under each such Transaction, and shall be deemed to
have granted to Buyer a security interest in, all of the Purchased Securities with respect to all Transactions
hereunder and all proceeds thereof.
7. Payment and Transfer
Unless otherwise mutually agreed, all transfers of funds hereunder shall be in immediately available funds.
All Securities transferred by one party hereto to the other party (i) shall be in suitable form for transfer or shall
be accompanied by duly executed instruments of transfer or assignment in blank and such other documentation
as the party receiving possession may reasonably request, (ii) shall be transferred on the book -entry system
of a Federal Reserve Bank, or (iii) shall be transferred by any other method mutually acceptable to Seller and
Buyer. As used herein with respect to Securities, "transfer" is intended to have the same meaning as when
used in Section 8 -313 of the New York Uniform Commercial Code or, where applicable, in any federal regulation
governing transfers of the Securities.
8. Segregation of Purchased Securities
To the extent required by applicable law, all Purchased Securities in the possession of Seller shall be
segregated from other securities in its possession and shall be identified as subject to this Agreement. Segregation
may be accomplished by appropriate identification on the books and records of the holder, including a financial
intermediary or a clearing corporation. Title to all Purchased Securities shall pass to Buyer and, unless otherwise
agreed by Buyer and Seller, nothing in this Agreement shall preclude Buyer from engaging in repurchase
transactions with the Purchased Securities or otherwise pledging or hypothecating the Purchased Securities,
but no such transaction shall relieve Buyer of its obligations to transfer Purchased Securities to Seller. pursuant
to Paragraphs 3. 4 or 11 hereof, or of Buyer's obligation to credit or pay Income to, or apply Income to the
obligations of, Seller pursuant to Paragraph 5 hereof.
Required Disclosure for Transactions in Which the Seller Retains Custody
of the Purchased Securities
Seller is not permitted to substitute other securities for those subject to this Agreement and
therefore must keep Buyers securities segregated at all times, unless in this Agreement Buyer
grants Seller the right to substitute other securities. If Buyer grants the right to substitute, this means
that Buyer's securities will likely be commingled with Seller's own securities during the trading day.
Buyer is advised that, during any trading day that Buyer's securities are commingled with Seller's
securities, they [will]' [may]" be subject to liens granted by Seller to [its clearing bank]` [third
parties]" and may be used by Seller for deliveries on other securities transactions. Whenever the
securities are commingled. Seller's ability to resegregate substitute securities for Buyer will be
subject to Seller's ability to satisfy [the clearing]' [any]" lien or to obtain substitute securities.
'Language to be used under 17 CAR. §403.4(e) if Seller is a government securities broker or dealer other than a
"Language to be used under 17 C.F.R. §403.5(d) it Seller is a financial institution.
9. Substitution
(a) Seller may, subject to agreement with`and acceptance by Buyer, substitute other Securities. for any
Purchased Securities. Such substitution shall be made by transfer to Buyer of such other Securities and
transfer to Seller of such Purchased Securities. After substitution, the substituted Securities shall be deemed
to be Purchased Securities.
(b) In Transactions in which the Seller retains custody of Purchased Securities, the parties expressly
agree that Buyer shall be deemed, for purposes of subparagraph (a) of this Paragraph, to have agreed to and
accepted in this Agreement substitution by Seller of other Securities for Purchased Securities; provided,
however, that such other Securities shall have a Market Value at least equal to the Market Value- of the
Purchased Securities for which they are substituted.
10. Representations
Each of Buyer and Seller represents and warrants to the other that (i) it is duly authorized to execute and
deliver this Agreement, to enter into the Transactions contemplated hereunder and to perform its obligations
hereunder and has taken all necessary action to authorize such execution, delivery and performance, (ii) it
will engage in such Transactions as principal (or, if agreed in writing in advance of any Transaction by the other
party hereto, as agent for a disclosed principal), (iii) the person signing this Agreement on its behalf is duly
authorized to do so on its behalf (or on behalf of any such disclosed principal), (iv) it has obtained all authorizations
of any governmental body required in connection with this Agreement and the Transactions hereunder and
such authorizations are in full force and effect and (v) the execution, delivery and performance of this Agreement
and the Transactions hereunder will not violate any law, ordinance, charter, by -law or rule applicable to it or
any agreement by which it is bound or by which any of its assets are affected. On the Purchase Date for any
Transaction Buyer and Seller shall each be deemed to repeat all the foregoing representations made by it.
11. Events of Default
In the event that (i) Seller fails to repurchase or Buyer fails to transfer Purchased Securities upon the
applicable Repurchase Date, (ii) Seller or Buyer fails, after one business day's notice, to comply with Paragraph
4 hereof, (iii) Buyer fails to comply with Paragraph 5 hereof, (iv) an Act of Insolvency occurs with respect to
Seller or Buyer, (v) any representation made by Seller or Buyer shall have been incorrect or untrue in any
material respect when made or repeated or deemed to have been made or repeated, or (vi) Seller or Buyer
shall admit to the other its inability to, or its intention not to, perform any of its obligations hereunder (each an
"Event of Default"):
(a) At the option of the nondefaulting party, exercised by written notice to the defaulting party (which option
shall be deemed to have been exercised, even if no notice is given, immediately upon the occurrence of an
Act of Insolvency), the Repurchase Date for each Transaction hereunder shall be deemed immediately to
occur.
(b) In all Transactions in which the defaulting party is acting as Seller, if the nondefaulting party exercises
or is deemed to have exercised the option referred to in subparagraph (a) of this Paragraph, (i) the defaulting
party's obligations hereunder to repurchase all Purchased Securities in such Transactions shall thereupon
become immediately due and payable, (ii) to the extent permitted by applicable law, the Repurchase Price
with respect to each such Transaction shall be increased by the aggregate amount obtained by daily application
of (x) the greater of the Pricing Rate for such Transaction or the Prime Rate to (y) the Repurchase Price for
such Transaction as of the Repurchase Date as determined pursuant to subparagraph (a) of this Paragraph
(decreased as of any day by (A) any amounts retained by the nondefaulting party with respect to such
Repurchase Price pursuant to clause (iii) of this subparagraph, (B) any proceeds from the sale of Purchased
Securities pursuant to subparagraph (d)(i) of this Paragraph, and (C) any amounts credited to the account of
the defaulting party pursuant to subparagraph (e) of this Paragraph) on a 360 day per year basis for the actual
number of days during the period from and including the date of the Event of Default giving rise to such option
to but excluding the date of payment of the Repurchase Price as so increased, (iii) all Income paid after such
exercise or deemed exercise shall be retained by the nondefaulting party and applied to the aggregate unpaid
Repurchase Prices owed by the defaulting party, and (iv) the defaulting party shall immediately deliver to the
nondefaulting party any Purchased Securities subject to such Transactions then in,the defaulting party's possession.
(c) In all Transactions in which the defaulting party is acting as Buyer, upon tender by the nondefaulting
party of payment of the aggregate Repurchase Prices for all such Transactions, the defaulting party's right,
title and interest in all Purchased Securities subject to such Transactions shall be deemed transferred to the
nondefaulting party, and the defaulting party shall deliver all such Purchased Securities to the nondefaulting
party.
(d) After one business day's notice to the defaulting party (which notice need not be given if an Act of
Insolvency shall have occurred, and which may be the notice given under.subparagraph (a) of this Paragraph
or the notice referred to in clause (ii) of the first sentence of this Paragraph), the nondefaulting party may:
(i) as to Transactions in which the defaulting parry is acting as Seller; (A) immediat a
recognized market at such price or prices as the nondefaulting party may reasonably d
any or all Purchased Securities subject to such Transactions and apply the proceeds t e
aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting party hereunder
or (B) in its sole discretion elect; in lieu of selling all, or a portion of such Purchased Securities, to give the
defaulting party credit for such Purchased Securities in an amount equal to the price therefor on such
date, obtained from a generally recognized source or the most recent closing bid quotation.trom such a .
source, against the aggregate unpaid Repurchase Prices and any other amounts owing by the defaulting
party hereunder; and
(ii) as to Transactions in which the defaulting party is acting as Buyer, (A) purchase securities
( "Replacement Securities ") of the same class and amount as any Purchased Securities that are not
delivered by the defaulting party to the nondefaulting party as required hereunder oa (B) in its sole
discretion elect, in lieu of purchasing Replacement Securities, to be deemed to have purchased Replacement
Securities at the price therefor on such date, obtained from a generally recognized source or the most
recent closing bid quotation from such a source.
(e) As to Transactions in which the defaulting party is acting as Buyer, the defaulting party shall be liable
to the nondefaulting party (i) with respect to Purchased Securities (other than Additional Purchased Securities),
for any excess of the price paid (or deemed paid) by the nondefaulting party for Replacement Securities
therefor over the Repurchase Price for such Purchased Securities and (ii) with respect to Additional Purchased
Securities, for the price paid (or deemed paid) by the nondefaulting party for the Replacement Securities
therefor. In addition, the defaulting party shall be liable to the nondefaulting party for interest on such remaining
liability with respect to each such purchase (or deemed purchase) of Replacement Securities from the date
of such purchase (or deemed purchase) until paid in full by Buyer. Such interest shall be at a rate equal to the
greater of the Pricing Rate for such Transaction or the Prime Rate.
(f) For purposes of this Paragraph 11, the Repurchase Price for each Transaction hereunder in respect
of which the defaulting party is acting as Buyer shall not increase above the amount of such Repurchase Price
for such Transaction determined as of the date of the exercise or deemed exercise by the nondefaulting party
of its option under subparagraph (a) of this Paragraph.
(g) The defaulting party shall be liable to the nondefaulting party for the amount of all reasonable legal or
other expenses incurred by the nondefaulting party in connection with or as a consequence of an Event of
Default, together with interest thereon at a rate equal to the greater of the Pricing Rate for the relevant
Transaction or the Prime Rate.
(h) The'nondefaulting party shall have. in addition to its rights hereunder, any rights otherwise available
to it under any other agreement or applicable law.
12. Single Agreement
Buyer and Seller acknowledge that, and have entered hereinto and will enter into each Transaction
hereunder in consideration of and in reliance upon the fact that, all Transactions hereunder constitute a single
business and contractual relationship and have been made in consideration of each other. Accordingly, each
of Buyer and Seller agrees (i) to perform all of its obligations in respect of each Transaction hereunder, and
that a default in the performance of any such obligations shall constitute a default by it in respect of all
Transactions hereunder; (ii) that each of them shall be entitled to set off claims and apply property held by
them in respect of any Transaction against obligations owing to them -in respect of any other Transactions
hereunder and (iii) that payments, deliveries and other transfers made by either of them in respect of any
Transaction shall be deemed to have been made in consideration of payments, deliveries and other transfers
in respect of any other Transactions hereunder, and the obligations to make any such payments, deliveries
and other transfers may be applied against each other and netted.
13. Notices and Other Communications
Unless another address is specified in writing by the respective party to whom any notice or other com-
munication is to be given hereunder, all such notices or communications shall be in writing or confirmed in
writing and delivered at the respective addresses set forth in Annex II attached hereto.
14. Entire Agreement; Severability
This Agreement shall supersede any existing agreements between the parties containing general terms
and conditions for repurchase transactions. Each provision and agreement herein shall be treated as separate
and independent from any other provision or agreement herein and shall be enforceable notwithstanding the
unenforceability of any such other provision or agreement.
15. Non - assignability; Termination
The rights and obligations of the parties under this Agreement and under any Transaction shall not be
assigned by either party without the prior written consent of the other =party. Subject to the foregoing, this
Agreement and any Transactions shall be binding upon and shall inure to the benefit of the parties and their
respective successors and assigns. This Agreement may be cancelled by either party upoen
notice to the other, except that this Agreement shall, notwithstanding such notice, remain ap • ny
Transactions then outstanding.
r,
16. Governing Law
This Agreement shall be governed by the laws of the State of New York without giving effect to the conflict
of law principles thereof.
17. No Waivers, Etc.
No express or implied waiver of any Event of Default by either party shall constitute a waiver of any other
Event of Default and no exercise of any remedy hereunder by any party shall constitute a waiver of its right
to exercise any other remedy hereunder. No modification or waiver of any provision of this Agreement and no
consent by any party to a departure herefrom shall be effective unless and until such shall be in writing and
duly executed by both of the parties hereto. Without limitation on any of the foregoing, the failure to give a
notice pursuant to subparagraphs 4(a) or 4(b) hereof will not constitute a waiver of any right to do so at a later
date.
18. Use of Employee Plan Assets
(a) If assets of an employee benefit plan subject to any provision of the Employee Retirement Income
Security Act of 1974 ( "ERISA') are intended to be used by either party hereto (the "Plan Party ") in a Transaction,
the Plan Party shall so notify the other party prior to the Transaction. The Plan Party shall represent in writing
to the other party that the Transaction does not constitute a prohibited transaction under ERISA or is otherwise
exempt therefrom, and the other party may proceed in reliance thereon but shall not be required so to proceed.
(b) Subject to the last sentence of subparagraph (a) of this Paragraph, any such Transaction shall proceed
only if Seller furnishes or has furnished to Buyer its most recent available audited statement of its financial
condition and its most recent subsequent unaudited statement of its financial condition.
(c) By entering into a Transaction pursuant to this Paragraph, Seller shall be deemed (i) to represent to
Buyer that since the date of Seller's latest such financial statements, there has been no material adverse
change in Seller's financial condition which Seller has not disclosed to Buyer, and (ii) to agree to provide Buyer
With future audited and unaudited statements of its financial condition as they are issued, so long as it is a
Seller in any outstanding Transaction involving a Plan Party.
19. Intent --
(a) The parties recognize that each Transaction is a "repurchase agreement" as that term is defined in
Section 101 of Title 11 of the United States Code, as amended (except insofar as the type of Securities subject
to such Transaction or the term of such Transaction would render such definition inapplicable), and a "securities
contract" as that term is defined in Section 741 of Title 11 of the United States Code, as amended.
(b) It is understood that either party's right to liquidate Securities delivered to it in connection with Transactions
hereunder or to exercise any other remedies pursuant to Paragraph 11 hereof, is a contractual right to liquidate
such Transaction as described in Sections 555 and 559 of Title 11 of the United States Code, as amended.
20. Disclosure Relating to Certain Federal Protections
The parties acknowledge that they have been advised that:
(a) in the case of Transactions in which one of the parties is a broker or dealer registered with the
Securities and Exchange Commission ("SEC") under Section 15 of the Securities Exchange Act of 1934
("1934 Act "), the Securities Investor Protection Corporation has taken the position that the provisions of
the Securities Investor Protection Act of 1970 ( "SIPA') do not protect the other party with respect to any
Transaction hereunder;
(b) in the case of Transactions in which one of the parties is a government securities broker or a
government securities dealer registered with the SEC under Section 15C of the 1934 Act, SIPA will not
provide protection to the other party with respect to any Transaction hereunder; and
(c) in the case of Transactions in which one of the parties is a financial institution, funds held by the
financial institution pursuant to a Transaction hereunder are not a deposit and therefore are not insured
by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation or
the National Credit Union Share Insurance Fund, as applicable.
[Name of Party]
By
Title
Date _
[Name of Party]
By
Title
1
Date
a
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum -
Date: June 26, 2001
Meeting Date: July 5, 2001
Subject/Agenda Item: Proposed contract between the City of Palm Beach Gardens
and Grubbs Construction Company — Emergency Management Division to piggyback
existing Pasco County, Florida contract for Disaster Recovery Services.
Recommendation /Motion: Staff recommends executing piggyback contract to
facilitate disaster recovery services on a demand basis. City must execute a notice
to proceed to engage contract services.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
City Clerk
(Total)
City Attorn
[ ] Approved
$ 0
[ ] Approved w/
Current FY
conditions
[ ] Denied
Other
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ X] Other
Staff Memorandum
Pasco County contract
[ X ] Not Required
with attachments
Submitt
Hoyt O ens,
Public Works Director
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
Ronald Ferris
City Manager
[ X ] Not required
BACKGROUND: See attached Memorandum.
s
•
•
(. At /•
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council
APPROVAL: Ron Ferris, City Manager
DATE: June 26, 2001 FROM: Hoyt Owens, Public Works Director 00)4
SUBJECT: GRUBB'S CONSTRUCTION COMPANY
EMERGENCY MANAGEMENT SERVICES
PIGGYBACK PASCO COUNTY, FLORIDA CONTRACT
BACKGROUND
Mr. Don Madio and Ms. Angie Tanner of Grubb's Construction Company — Emergency
Management Division previously provided a presentation to City Council on the history
of the company and their performance capabilities. The City's recovery from a disaster
would be greatly enhanced with augmented personnel and equipment from outside
sources for timely and sustainable recovery operations.
DISCUSSION
Staff and the City Attorney have reviewed the attached contract between Grubb's
Construction Company — Emergency Management Division and Pasco County, Florida
that was approved by Pasco County on August 22, 2000. The documents provide services
and equipment rates that will comply with FEMA acceptable standards. No services will
be rendered until the City executes a NOTICE TO PROCEED to the Contractor, as
stipulated within the contract documents. The Contractor will assist the City in the
compliance and processing of FEMA documentation to secure maximum reimbursement
of monies expended in the disaster recovery operation.
RECOMMENDATION
Staff recommends approval of a piggyback contract between Grubb's Construction
Company — Emergency Management Division and the City of Palm Beach Gardens.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 113, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AWARDING A "PIGGYBACK" CONTRACT FOR
DISASTER RECOVERY SERVICES TO GRUBBS CONSTRUCTION
COMPANY; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City wishes to facilitate disaster recovery services and provide for
debris removal and disaster recovery technical assistance in the event of a hurricane or
other natural or manmade disaster; and
WHEREAS, based on the recommendation of City staff, the City wishes to contract
with Grubbs Construction Company to provide such disaster recovery services on an as-
needed basis; and
WHEREAS, section 2 -294 of the City Code of Ordinances permits the City to
"piggyback" an agreement awarded by another governmental agency pursuant to a
competitive sealed bid; 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 award
a contract to Grubbs Construction Company based on an agreement executed by Pasco
County, Florida on August 22, 2000.
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 awards a contract to facilitate disaster
recovery services to Grubbs Construction Company and "piggybacks" the Agreement for
Disaster Recovery Services executed between Grubbs Construction Company and Pasco
County, Florida, a copy of which is attached hereto as Exhibit "A" and is incorporated
herein by this reference. Said Agreement shall be effective upon adoption of this
Resolution and receipt of written confirmation executed by a duly authorized officer of
Grubbs Construction Company that the company agrees to be bound by the terms and
conditions specified therein.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
-11-
•
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.
RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001.
MAYOR JOSEPH R. RUSSO
ATTEST:
CAROL GOLD, MMC, CITY CLERK
HEREBY CERTIFY that I have approved
this Resolution as to form.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
!PZ
Sep 19 00 09:128
0--
•
Grubbs Construction Lo. 04j a
PASCO COUNTY, FLORIDA
August 23, 2000
Anthony Tanner, Vice President
Grubbs Construction Company
1115 South Main Street
Brooksville, FL 34601
RE: 3.F.2.a.
Dear Mr. Tanner:
At the August 22, 2000, meeting of the Pasco County Board of County
Commissioners, the above - mentioned agenda item was approved.
Attached is an original agreement for your files.
If you have any questions, please contact the Secretarial Services/
Board Records Department at 38053 Live Oak Avenue, Dade City, FL
33525 -3819 or call (352) 521 -4340.
Sincerely,
JED PITTMAN
CLERK TO THE BOARD
by: "
Deputy Clerk
JP /sm
Enclosure
rear u-/ ul u- r:5-ta uonnie maaio -ief e - tip -it% p.J
`
Sep 19 00 09:12a Grubbs Construction Co. 305 - 3292 -2270
p.3
AGREEN ENT FOR_DISASTER RECOVERY SERVICES
THIS AGREEMENT made and entered into this day of _ , 2000. by and
between the COUNTY OF PASCO, a political subdivision of the State of Florida. hereinafter
referred to as "COUNTY" and GRUBBS CONSTRUCTION COMPANY, hereinafter referred
to as "CONTRACTOR"
ti'HERFAS, the COUNTY lies on the west coast of the State of Florida and, as such, may
experience massive destruction wrought by the impact of a hurricane landfall, violent storms
spawning tornadoes as well as other natural and/or manmade disasters (Events); and
WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster
recovery technical assistance to appointed and elected officials %Nithin the COUNTY. resulting
from these Events, and
WHEREAS, the COUNTY has determined after extensive efforts that this is an area of
specialized services and as such is considered to be a sole source; it is further-understood that
CONTRACTOR will perform as prime contractor for all operations outlined in this agreement.
`'OW., THEREFORE, CONTRACTOR, for and in consideration of the sum Ten Dollars and
no/100 (S 10.00), and for other good and valuable considerations acknowledged by the parties.
said parties hereto agree as to the following:
SCOPE OF SERVICES ON- 1— DEBRIS REMOVAL
It is the intent of this agreement for the CONTRACTOR to remove as quickly as possible all
hazards to life and property resulting in the COUNTY. Clean up, demolition and removal %viIl
be limited to (1) that whirl: is determined to eliminate immediate threats to life, public health_
and safety; (?) that which has been determined to eliminate ' Urn ediate threats of significant
damage to improved public or private property, and: (3) that which is considered essential to
ensure economic recovery of the affected conmtuniny to the benefit of the community . at -large
The Sersces shall consist of clean up, demolition, removal, reduction and disposal of debris as
directed by the designated representative of the COUNTY.
Specifically the Scope of Services will include the items lined in Attachment 1 and priced in
Attachment 2 and attachment 3 of this Agreement under the corresponding heading.
SCOPE OF $ERVICT$.TW0 — TECHNICAL DISASTER RECOVER' ASSISTANCF
It is the intent of this agreement for the CONTRACTOR to provide disaster recovery technical
assistance to appointed and elected officials within the COUNTY. This service shalt include
Program Management Assistance. Specifically the Scope of Services will include the items
listed in Attachment I and priced in Attachment 2 of this Agreement under the corresponding
heading.
•
Mar 07 01 07:57a
Donnie Madio
Sep 13 00 09:12a Grubbs Construction Co.
SERVICES AND FACILITIES
•
305 - 3292 -2270 p -a
It is understood that. except as otherwise specifically stated in this Agreement and Attachments
to this Agreement, the CON7KkCTOR shall provide and pay for all labor, tools, equipment.
transportation, supervision, and all other services and facilities of any nature whmoe,,er
necessary to execute, complete and deliver the services within the time specified in the 'Nonce-
to-Proceed as agreed upon by both parries.
PER4NIT1;S AND REGUALTIONS
Permits and licenses of a temporary nature necessary for the prosecution of the Senices shall be
secured and paid for by the CONTRACTOR unless otherwise stated in this Agreement.
SUPERN-ISION BY CONTRACTOR
The CONTRACTOR will supervise and direct all Services. The CONTRACTOR is solely
responsible for the means, methods, techniques, sequences, safety program and procedures. The
CONTRACTOR will employ and maintain on the work site a qualified supervisors) who shall
have full authority to act on behalf of the CONTRACTOR and all communications given to the
supervisor by the COUNTY's :authorized Representative shall be as binding as if given to the
CONTRACTOR.
The names) of the supervisor(s) will be supplied to the COL' -\'TY for each issuance of a \otice-
to- Proceed throueh an attachment to this Agreement in the form of a Memorandum for the
Record.
CHANGES IN SER%, :ICES
The COLTN`TY and CONTRACTOR may at any time order changes within the scope of services
without invalidating this Agreement. All changes affecting the project's costs or modifications of
the terms, conditions, and the scopes of services of this Agreement shall be authorized by means
of an official written Contract Change Order that is mutuallv agreed upon and signed by the
COUNTY and the CONTRACTOR. All changes must be recorded on a written Contract Change
Order before CONTRACTOR may proceed with the changes to the Services provided.
TERh1,OF 4GREE1lE1 r4T
The term of this Agreement shall be for five consecutive years beginning or. the date of
acceptance by and signatures of the COUNTY and CONTRACTOR whichever comes later.
RENEWAL OF AGREEMENT
This Agreement may be renewable on a five -year basis after a concurrence of both parties on any
negotiated changes to the terms and specifications contained in this Agreement. Attachment
and Attachment 3 of this Agreement may be reviewed on an annual basis Amended unit costs
Mar 07 01 07:57a
Sep 19 00 09:12a
LIE
•
•
Donnie Madio
Grubbs Construction,Co.
305 - 3292 -22'10 P.5
may be submitted by CONTRACTOR to COUNTY to reflect the current disaster recovery '.
market value of services listed in Attachment 1 and priced in Attachment 2 and Attachment 3 of
this Abreerhent. Such amendments shall become part of this Agreement after a concurrence and
signat +Ire of both parties.
TERMINATION
Either party upon 365 days written notice to the other party may terminate this Agreement.
I14SURAriCE AND BOND$
CONTRACTOR shall name the COUNTY as additional insured on CONTRACTOR's insurance
policies. CONTRACTOR shall maintain the following insurance lirnits:
Worker's Compensation - Statutory Limits of the State of Florida (or the applicable State at the
time of an event);
General Liability — One Million Dollars ($ 1,000,000.00) any single occurrence;
Additional Liability Umbrclla — Five Million Dollars ($5,000,000,40)
Automobile — One Million Dollars (51,000,000.00)
CONTRACTOR shall provide COUNTY a Certificate of Insurance evidencing such coverage.
At the COUNTY's option the CONTRACTOR will furnish a performance and payment bond for
any and/or all Notices -to- Proceed. The cost of said bond premium wilt not be an additional cost
to the COUNTY.
CERTIFICATES OF INSURANCE
Required insurance shall be documented in certificates of insurance which provides that the
COUNTY shall be notified at least thirty (30) days in advance of cancellation, non - renewal, or
adverse change. New certificates of insurance are to be provided to the COUNTY at least fifteen
(15) days prior to coverage renewals. Receipt of Certificates or other documentation of insurance
or policies or copies of policies by the COUNTY or by any of its representatives, which indicate
less coverage than is required, does not constitute a waiver of CONTRACTOR's obligation to
fulfill the insurance rcquircments herein.
WARRA14TY.OF TITLE AND WAIVER OF i,)EN
The CONTRACTOR shall not at any time suffer of hermit any lien, attachment, or any other
encumbrance under the laws of the State of Florida, or otherwise by any person or persons
whomsoever to remain on file with the COUNTY against any money due or to become due for
any work done or materials furnished under this Agreement of by any reason or claim or demand
against CONTRACTOR. Such lien, attachment, or encumbrance, until it is removed, shall
preclude any and all claims or demands for any payment by virtue of this Agreement.
Mar 07 01 07:58a
Sep 19 00 09:13a
•
Donnie Madio
Grubbs Construction Co.
SLRP.CONTRAACTUVP
305-3292 -2270 p.6
The CONTRACTOR shall be fully responsible to COUNTY for the acts and omissions for its
subcontractors and of persons directly_ or indirectly employed by them, as the CONTRACTOR is
for the acts and orissions of persons employed by it.
T he CONTRACTOR shall cause appropriate provisions to be inserted in all subcontractors
relative to the services give the CO \TRACTOR the same powers regards terminating any
subcontract that the COUNTY may exemise over the CONTRACTOR under any provisions of
this Agreement.
Nothing contained in this Agreement shall create any contractual relationship between any
subcontractor and the COUNTY. The CONTRACTOR shall supply the names and addresses of
subcontractors and materials suppliers when requested to do so by the COUNTY upon activation
of the Agreement and updated by the CONTRACTOR to the COL'NTY on a biweekly basis
dulls said activation.
The CONTRACTOR shall not use a subcontractor or material supplier against whom the
COUNTY has a reasonable objection to, and shall make all reasonable attempts to subcontract
with local firms currently doing business within the COUNTY and /or Pasco County, Florida.
All subcontractors will operate in strict accord with Subcontracting Plans and Policies, as well as
local. State, and Federal laws governing this type of work.
COUNTY OBLIGATIONS
The COT -N- Y shalt furnish all information and documents necessary for the commencement of
work to include valid written Notices to Proceed. A representative will be designated by the
COL1 T Y to be the primary contact person for inspecting the work and answering any on -site
questions prior to and after activation of this Agreement Aa a Notice -to- Proceed. Providing
inspectors for the monitoring of debris operations shall be the responsibility of the COt1TY. as
required by Federal law and policy governing those specific operations.
Ties personshall be Walter S?iedel, ddm aiscrative services, `tanager,_ Public : ;only
PAYMENT
Parmem to the CONTRACTOR by the COUNTY will not be contingent on funding from any
source. Payment shall follow the time parameters outlined in the section titled "Contractor
Invoicine ' of this Agreement.
ENTIRE AGREEMENT
This aereement and Attachments referred to hereirt, contain the entire Agreement of the parties,
and there are no other binding promises or conditions in any other Agreement whether oral or
writren
Mar 07 01 07:58a
Donnie Madio '.`-
Sep 19 00 09:13a Grubbs Construct'On,CO3 305- 3292 -2270 P•7
XPODIMONIVEN UE
•
The laws of the Stale of Florida shall govern this Agreement. Venue of this Agreement shall be
in Pasco County, Florida
ON BEHALF OF:
Pas Coun Flog a
at r:ulie�i, Chairman
AUG 2 2 2000
_ Date: a1 .mot Sq _ aazz
ATTEST:
Clork/Deputy Clerk of the Board
ATTEST:
Secretary
STATE OF FLORIDA
County of Hernando
Approved as to form and
legal sufficiency.
By:_ — joo ,
County Attorney
ON BEHALF OF:
GRUBBS CONSTRUCTION COMPANY
By.
Title: _ViFe President
The 4 egoing instrument was acknow edgcd before me this(,] i 2000, by
j 10tV1pr , as V 'ofGPdBBS
CONSTRCCTION COMPANY, a Florida C rporation, on behalf of the Corporation. He/she is
uced
personally known to be or has prod �r- - t . , A - -%i as identification.
0' pW SMDRA L, oUiN1CZAK Notary Public V
�p CONAu55som it CC 684588
e7fPtltES SEP i ,ku0o1
'2pF! A7 LAM nC80RDWGC0.,0C.
PASCO COUNTY ATTORNEY'S OFFICE vfar
Approved as Le a F
Name and Ti a :{Csa�/�in"y"i,1,•w{.;��,.�...�
Date: 15,/F
Mar 07 01 07:58a Donnie maoio —
Sep 19 00 09:13a Grubbs Construction Co. 305- 3292 -2270 p.8
•
AGREEMENT FOR DISASTER RECOVERY SERNIC£S
Attachmeat I
The folloi ing is a listing of services and/or casks to be provided by COIv'TR.ACTOR to
COUNTY upon receipt by CONTRACTOR of a Notice -to- Proceed:
SCOPE OF_SERVICES ONE —
DEBRIS REMOVAL
Emergency Road CIearance
The C01\T LKTOR shall accomplish the cuning, tossing and/or pushk of debris from
the piuuary transportation routes as identified by and directed by the COUNTY. This
operational aspect of the scope of services shall be for the first 100 (plus or minus) hours
after an event. Once this task is accomplished, the following tasks will begin as required.
Debris Removal from Public Property (Rights -of -way)
As identified by and directed by the COUNTY, the CONTRACTOR shall accomplish the
pick -up and hauling of all eligible debris to the Temporary Debris Staging and Reduction
Sites (TDSRS-s) from public rights -of -way, and shall maintain debris work sites to
appropriate use standards, safety standards, and regulatory requirements.
Debris Removal from Public Property (Special Considerations)
The Contractor will operate beyond public ri6ts -of -way only as identified by and
directed by the COUNTY. Operations beyond the rights -of -way on public property «ill
be only as necessary to abate imminent and significant threats to the public health and
safety of the community. These operations will be closely monitored and will be in strict
compliance with 44 CFR 206.224, Debts Removal, regarding eligibility
Debris Removal from Private Property (Rigbt -of Entry Program)
Should an imminent threat to life, safety and health to the general public be present on
private properr., the CONTRACTOR as identified by and directed by the COUNTY, will
accomplish the removal of debris from private property, Upon receipt of completed right
of entry form and hold harmless agreement from private property owner's, and execution
of the non - duplication of benefits agreement from the COUNTY, the CONTRACTOR
shall remove all eligible debris, as identified by the COUNTY. The CONTRACTOR
will place all debris collected through this process in the right -of -way. where the above
scope of services Debris Removal from Public Property (Rights -of -way) shall commence.
The COUNTY feels that it is potentially in the best interest of the health and safety of its
citizens to pro %ide this service. Attached to this Agreemetu are copies of the forms to be
executed by the individual property owners. The CONTRACTOR shall maintain debris
work sites to appropriate use standards, safety standards, and regulatory requirements.
Mar 07 01 07:59a Donnie Madio
Sep 19 00 fl9:148 Grubbs Construction Co.
Hazardous Stumps
•
305- 3292-2270 p -9
As identified and directed by the CO(T..\71'. ?he CONTRACTOR shall remove aU
hazardous stumps that pose a threat to life. public health and safety, as identified by the
COUNTY, and haul each stump to the TDSRS's. Each stump shall be inspected by the
COUNTY and CON- TRACIOR and documented as to the appropriate category of size
Fill Dirt
As identified and directed by the COUNTY. the CONTRACTOR shall place compatible
fill dirt in ruts created by equipment, holes created by removal of hazardous stumps, and
other areas that pose an imtttinent and sianiucant threat to public health and safety.
Temporan. Debris Staging and Reduction (TDSRS)
The CONTRACTOR will, prepare and maintaia TDSRS's to accept and process all
elieible storm debris: maintain the TDSRS approach and interior road( s, for the entire
period of debris hauling; will provide stone for any roads that require stabilization for
ingress and egress; will build and maintain a roofed inspection tower sufficient for a
minimum of three (3) inspectors for the inspection of every load in and out which shall be
further defused in documentation section below. will process all debris in accordance
with all local. State and Federal rules, standards, and regulations. Processing may
include. but is not be Waited to, reduction by tub minding and/or incineration when
approved. Prior to reduction, all debris 11U] be segregated between veQerarive debris.
construction and demolition debris (C &D). rmclable debris, white goods and hazardous
wastes. All reduced debris as well as non - reducible debris will be disposed of at a
location(s) agreed to by both panics.
TDSRS Site Reclamation
Site reclamation shall be accomplished in accordance with all Federal. State and local
laws, standards and regulations; Site reclamation shall be accomplished in accordance
xvith the CON ACTOR's Debris Removal Operations Plcvr and E'in•ircwme»ral
Pi'OieCrioll Pla».
Disaster Event Generated Hazardous Waste ?abatement
CONTRACTOR shall abate all hazardous waste identified by the COt N-TY in
accordance with ail- applicable Federal. State and local laws, standards and regulations to
include but not limited to19 CFR 1910 120. 40 CFR 311 and 49 CFR 100 -199;
Hazardous waste abatement shall be accomplished in accordance with the
CONTRACTOR's Debris Removal Operations Plan and Entironmenial Protection Plan.
Freon recovery will be treated as a hazardous matcrial and handled in accordance with
the aforementioned Plan and Rezu'.ations. Prices for this Service will be negotiated at
Mar 07 01 08:00a Donnie Madio
Sep 19 00 09:15a Grubbs Construction Co. 305-3292 -2270 P.10
•
time of Event dependent upon types of materials, quantities and hazards present. Prices
shall be attached to the Agreement in the form of a Memorandum for the Record.
Saud Screening
The CONTRACTOR shall screen all sand as directed by the COUNTY, to remove 6
eligible debris. This task includes the pick -up of debris' laden sand, hauling debris laden
sand to the processing screen located on the beach, processing the debris laden sand
through the screen and returning clean sand to the approximate origitw location on the
beach as directed by the COUNTY. Debris removed from sand wMbe.picked -up. hauled
and processed utilizing the scope of services located above for Debris New. al from
Public Property (Rights -of ivay).
Debris Disposal
The CONTRACTOR shall dispose of all eligible debris, reduced debris, ash ruidue and
other products of the debris management process in accordance with alLapplicable
Federal, State and local laws. standards and regulations. Final disposal locations shall be
at the discretion of the CONTRACTOR with prior acceptance of the COUNTY.
Information regarding the location of final disposal shall be attached to this Ageement in
the form of a Memorandum for the Record. The CONTRACTOR end COL�'TY
inspector assigned to the disposal process shall maintain disposal records and
documentation. Documentation shall be Quantified in cubic yards or tots depending on
terms of the executed Agreement.
Documentation and Inspections
A11 storm debris shall be subject to inspection by the COUNTY or aay public Authority.
Inspections shall be to insure compliance with the contract and applicable local, state and
federal haws. The CONY RACTOR will, at all times, provide the COUNTY access to all
work sites and disposal areas. In addition, authorized representatives and avents of any
participating federal or state agency shall be permitted to inspect aII work and materials.
The CONTRACTOR and the COUNTY will have in place at the TDSRS's, personnel to
cerfr and maintain records regarding the contents and cubic yards of the vehicles
entering and leaving- the TDSRS's. The CONTRACTOR and the COUNTY Lill monitor
the material to determine that it in fact consists of eligible debris. The CON TFLA CTOR
and the COUNTY will have in place at the pick -up site, personnel to verify the contents.
location, date and time of the vehicles departing for the TDSRS. Prior to use. the
CON- TRACTOR and the COUNTY shall establish and record each haul truck's ceni&ed
cubic yard capacity. The CONTRACTOR will include and provide disposal tickets. field
inspection reports, and other tiara sufficient to provide substantiation for Federal (FE`iA.
etc.) and State rei nbursemeut, if applicable. The CONTRACTOR will assist the
CO04TY in preparation offederal (FEMA) and State reports for any potential
reimbursement through the training of COUNTY employees and the review of
documentation prior to submittal. The CONTRACTOR will work closely with the
Mar 07 01 08:00a Donnie Madio jco -oz) .o r - --
Sep 19 00 09:15a Grubbs Constructipn Co. 305 - 3292 -2270 p.11
•
Florida Division of Emergency /Management. FEUA and other applicable State and
Federal agencies to ensure :hat eligible debris collection and data documenting '
appropriately address concerns of the likely reimbursement agencies.
Priority of Work Areas
The COUNTY will establish and approve all areas that the CONTRACTOR will be
ahowed to work. Daily and/or weekly scheduled meetings will be held to determine
approved work areas. The CONTRACTOR shall remove all eligible debris and leave the
site l om which the debris was removed in a clean and treat condition. There trill be
certain debris that is not picked up by equipment, machine; and general laborers used by
the CONTRACTOR. Determination of when a site is in a clean and neat condition «ill
be at the reasonable judgment of the COUNITY.
Working Hours
.A11 acthiry associated with gathering and loading of eligible debris shall be performed
during %isible daylight hours only. hauling of eligible debris to the TDSRS's will be
allotred during visible daylight hours only between dater and dusk. The CONTRACTOR
may work during these hours seven (7) days per week including holidays. It is understood
between the parties that at the TDSRS's, debris reduction may take place twenty -four
(:-t) hours, seven (7) days per week if the CONTRACTOR deems it neeessary and safe.
The CONTRACTOR shall be responsible for obtaining sites to stage equipment. such as
trucks. while not in use.
White Goods
The C0N"PRACTOR may expect to encounter white goods available for disposal. White
goods will constitute household appliances as defined in the Florida Administrative Code.
The CONTRACTOR shall dispose of all white goods encountered in accordance with
applicable Federal, State and local laws.
Any white goods that may contain Freon, such as refrigerators, freezers, or air
conditioners, shall have the Freon removed by the CO\7RACTOR in accordance to
applicable rmlaton, requirements.
•
Mar 07 01 08:01a
Sep 19 00 09:16a
•
•
Donnie Madio
Grubbs Construction Co.
SCOPE OF SERI-ICES TWO —
TECRNICAL DISASTER 4COVERY ASSISTANCE
/Gb-bZ) /t% p. 1C
305- 3292 -2270 p.12
ITEM I: PROGRAM MANAGEMM ASSISTANCE
SEE NOTE (1)
�. PGBUC ASSISTANCE PROGRAM
a) Damage Survey Repori MSA) or Proie ct Worksheet,(M
i1 Official DSMIV regaests - A--kt COUNTY parsanael in the following:
a) Idendr=don of cTeaditams eligible for reimbursement
b) Submission of officl "request for DSR inspection"
Loral government reprrseaUWu on DSR/FW team - Train and assist COUNTY
personnel to a=mpiish the following:.
a) Identification of eligbfe itmu for reimbursement
b) Renew of DSR/PW for acttuate scope of work
c) Review of DSR/PW for accurate unit cotta
iii) Recovery process documentation - Assist COUNTY penoaud in the following:
a) Creation of raxrm prW= docume>uatim clan
b) Maintenance ofdoeamoatatioa of r*=vry process
iv) Force account labor v3, context labor
a) Recommendautms to government officials on need to contract or utilize
force aecoum 131=
vi
Recovery process o%wsi&
a) Recommendation to government of 6:0, on need to contract for
projcct man ;ten far projects requiring intense oversight
b) DSWW tradi g thtottgh State and Federal process
C) Written wad and stoats reports to govcramcnt officials
b) Doc=entation Suvwn
o ) Review of records s)ztcm for applicability to Federal and State requirements
ii) Orientation and tn:n'"! of Dep;aruaent/Division Heads on requirements for
quality and quantity- of required documentation
iii) Assist in selection of "Clerk of Ret:ords' and provide detailed training for
documentation
n•) Review documentation for auuracv and quantity
v) Assist is preparation of claim documentation
0 Consultation and negotiauoa semi=
i) Recommendations to gpn•ertmeat officials on plans of actoa
ii) PM-1de guidance to gtnetantest QMCWs on mu s imohing Fcdcral and State
reimbarsetnent
iii) Assist COUNTY official s in uegotiattons with Federal and State officials
d) Other reoresentations as mm- be requested / reauired
.TOTE 111: 17n:s is the concept of complete rcro,m management support where Grubbs Construction
Campanv's Emergency Senices Division tividd aWt an applicant ore 0/1 aspects of the recovery process.
Grubbs Construction Compottv's Emergent}• Smtces Divisfan personnel cannot assume the Sovereign
Dunes of the COC177' otJiciats, therefore these services shall be in the form ofgu,dance and consulradon.
Mar 07 01 08:01a
Sep 19 00 09:17a
•
Donnie Madio
Grubbs Construction Co.
le-b -bo to r. —
305- 3292-2270 p.13
AGREEMENT FOR DISASTER RECOVERY SERVICES
Attachment 2 '
The following is a listing of costs for technical scr ices and/or tasks to be provided by
CONTRACTOR to COUNTY upon issuance to the CONTRACTOR of a Notice -to-
Proceed. Costs denoted by a dollar amount represent a unit cost for materials or an
hourly rate for personnel and equipment services. Costs denoted by a unit price denote
the cost per cubic yard to provide the appropriate services of debris removal.
CONTRACTOR !:INVOICING
The CONTRACTOR may invoice the COUNTY not more than once every fifteen (13)
days. The payment request shall be filled out and signed by the CO_N- MkCTOR
covering the work performed during the invoice period and supported by such data as the
COUNTY mar reasonably require. The COU=NTY shall, within five (5) %orldng days of
receiving such pa%vrent request, finalize review ofdocumcntation and make payment to
CONTRACTOR. CONTRACTOR will be subject to audit by Federal. State, and local
agencies pursuant to audit requirements outlined in the Code of Federal Regulation. Title
44. Payment to the CONTRACTOR for services outlined in this Agreement shall not be
contingent on funding from any source.
COSTS_FOR_SCOPE OF SERVICES O'E
PERRIS RE'i%IOA'A
Measuremeut and Payment for Gathering, Pick -up, Hauling and Processing of
Debris from Public Property (Rights-of-way)
The CONTRACTOR will not be compensated for disposing of any material not defined
as eligible debris. The CONTRACTOR and COUNTY will inspect each load to verifi,
that the contents are in accordance with the accepted definition of eligible debris. If any
load is determined to contain material that does not conform to the definition of eligible
debris, the load «ill be ordered to be deposited at another landfill or receiving facility
No payment will be allowed for that Inad_ and the CONTRACTOR will not invoice the
COUNW for such loads. For each suitable load picked up, hauled, and processed, a
record of the cubic yards will be recorded by the CONTRACTOR and COU N-rY
numbered tickets supplied by the CONTRACTOR. Copies of each load record will be
available to the CONTRACTOR and the COUITY's designee on site. Each invoice shall
contain verification of each cubic yardage load ticket and also contain a summary sheet
indicating, by day. the individual verified load receipt and invoice amounts. The
COUNT' may temporarily remove any disputed amount line items in the bill from the
invoice for review. Disposal tickets disputed Hilt be retumed to the CONTRACTOR
within five (5) working days of invoice date for additional clarification prior to payment
of those tickets.
The CONMUkCTOR shall receive Twenry Dollars (520.00) per cubic yard for debris
removal From public property (Rights of Way)
Mar 07 01 08:02a
Sep 19 00 09:17a
•
•
Donnie Maalo
Grubbs Construction Ca. 305- 3292 -2270
This cost is Fifteen Dollars (515.00) per cubic yard that is picked up and hauled to a
temporary debris storage and reduction site ( TDSRS) by the CONTRACTOR.
This cost also includes a Five Dollars (55.00) per cubic yard charge for processing
(grinding or burning) of debris that is deposited at the temporary debris storage and
reduction site ( TDSRS) by the CONTRACTOR.
The two aforementioned costs are invoiced together to equate to the Twenty Dollars
(524.00) per cubic yard for simplicity and adequate tracking of debris hauled by the
CONTRACTOR to the TDSRS.
:ill debris hauled to the TDSRS by any other parties (such as residents) and processed
(grinding) by the CONTRACTOR shall be invoiced at Five DoUars ($5.00) per cubic
yard.
Debris Disposal
For each suitable load disposed of by the CONTRACTOR in county, the
CONTRACTOR xvili receive Five Dollars and 001100 (S5.00).
If the CONTRACTOR is required to dispose of material outside of the county. the cost
%%iff be negotiated at the time of the event to provide the COUNTY with the best price for
operations.
Disposal costs (Tipping Fees) shall be invoiced to the COUNTY by the CO NTRACTOR
based on the Pasco County Landfill's actual currc it tipping fee at the time of disposal.
This reference of cost does not preclude the COI TRACTOR from utilizing alternative
disposal sites as agreed by both parties (See Attachment i, Page 5, Debris Disposal, of
this Agreement).
White Goods
The CONTRACTOR will receive Twenty Dollars and 001100 ($20.00) per cubic yard for
pick -up and haul of white goods from public property (Rights —of- way).
For each suitable load of white goods disposed of by the CONTRACTOR in county, the
CONTRACTOR will receive Five Dollars and 00,'100 (S5.00). If the CONTRACTOR is
required to dispose of white goods outside of the county, the cost will be negotiated at the
time of the event to provide the COUMY with the best price for operations.
p.14
tar 07 01 08:02a Donnie Madio
Sep 19 00 03.18a Grubbs Construction.Cn.
Demolition-Material
•
305-3292-2270 P -15
The cost for disposal of material generated from demolition operations will be negotiated
at the time of event based on distance of haul and tipping fees to provide the COUNTY '
with reasonable cost. The cost will be negotiated by the ton.
Site Remediation.
TDSRS site reclamation will be negotiated at the time of the event.
Measuremcat and Payment for Emergency Rvad-Clearance, Demolition of
Structures, Debris Removal from Private Property, and Special Considerations on
Public Property
Measurement of these services utilizing other than an hourly rate is difficult at best and
would potentially lend itself to unnecessary disputes. Therefore, the COUNTY and the
CONTRACTOR agree that the CONTRACTOR shalt invoice the COUNTY utilizing the
hourly rates listed in Attachment 3 to this Agreement. A not -to- exceed amount shall be
placed upon any specific work performed at an hourly rate..
The COUNTY and the CONTRACTOR shall have inspectors in the field with each work
crew to monitor, record, and sign time-sheets for the actual times worked for each piece of
equipment and crew member present at a particular work site. These signed records shall
be the basis for the CONTRACTOR's invoice to the COUNTY.
Hazardous Stumps
The removal and hauling of hazardous stumps is a unique process requiring specialized
equipment. As such, this process requires unique documentation and Costing. The
COUNTY and CONTRACTOR will measure each stump three (3) feet above normal
ground level, to determine the diameter of the trunk. Once the diameter is established,
the stump will be physically removed by the best means available. The stump will he
photo documented by the COUNTY and recorded on a specific stump log provided by
the CONTRACTOR
The CONTRACTOR-shall invoice the COUNTY for hazardous stump and root removal
and hauling to the TDSRS utilizing the following categories:
Up to but less 6 inch diameter- $ 250.00 per stump
6 inch diameter and up, but less than 12 inches- $ 500.00 per stump
12 inch diameter and up, but fen than 24 inches- $1,000.00 per stump
24 inch diameter and up, but less than 48 inches - $1,500.00 per stump
Equal to or greater than 48 inch diameter- $2,000.00 per stump
Mar 07 01 U8:UJa Lonnie naoio ico -oz).o
Sep 19 00 09:19a Grubbs Construction Co. 305- 3292 -2270
AGREEMENT FOR DISASTER RECOVERY SERVICES
Attachment 3 _
Hourly rates to be anolied to Services as referenced in Attachment 2 of this Artroomont
•
•
Equipment ! Personnel
haft
Unit Price
Traffic Control Personnel
Flour
$31.00
Laborer
Hour
$28.00
Survey Person w/ Truck
Hour
531.00
insPector w/ Vehicle
Hour
$31.00
Operator w/ Chainsaw
Hour
$35.00
Foreman with truck
Hour
555.00
Superintendant with Truck
Hour
$55.00
Climber w /Goat
Hour
595.00
5 CY Dump Truck
Hour
535.00
Tractor w/ Boxblade
Hour
$35.00
Bobcat Loader
Hour
$60.00
Trans its
Hour
580.00
Rubber -Tired Sackhoe
Hour
580.00
Trackhoe 690 J.D.
Hour
$120.00
Air Curtain Sumer
Hour
$140.00
Water Truck 4000 Ga.
Hour (
$100.00
D-6 Dozer orequivalent
hour
$100.00
Feller Sunchers 611 ro-Ax
Hour
$120.00
Udders 848E
Hour
$130.00
From+ End Loader 544
Hour
$110.00
Front End Loader 641
Hour
$120.00
Prentice Knuckleboom Loader
Hour
$140.00
50 foot Bucket truck
Hour
$120.00
30 ton + crane
Hour
$170.00
Diamond Z or t? uiv. Tub Grinder
Hour
$550.00
Fill Dirt
Markel Prig
is
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 26, 2001
Meeting Date: July 5, 2001
Subject/Agenda Item:
Consideration of Resolution 114, 2001, changing the regularly scheduled meeting dates
for the month of September.
Recommendation:
Approval of Resolution 114, 2001
Reviewed by:
Originating Dept:
Costs:
Council Action:
City Attorney
City Attorney `�
/,'
� L
Not Applicable
[ ] Approved
[ ] Approved with
conditions
j ] Denied
Submitted by:
City Attorney
Advertised:
Date:
Funding Source:
[ ]Operating
[ ] Continued to:
Paper:
[ X] Not Required
[ ] Other
Approved by:
Attachments:
City Manager
Affected parties:
Resolution 114,2001
[ ] Notified
[ )q Not Required
Explanation:
The City Council cannot hold its public hearings on the tentative budget and proposed
millage rates on the dates of its regularly scheduled meetings for the month of September
due to conflicts with the hearings held by the county commission and school board. This
Resolution changes the regularly scheduled meetings to Monday, September4, 2001 and
0 ' Thursday, September 13, 2001 so as to avoid the need to conduct additional meetings.
.
! CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 114, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, CHANGING THE REGULARLY SCHEDULED
MEETING DATES FOR THE MONTH OF SEPTEMBER; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to section 18 -3 of the City Charter, the City Council of the City
of Palm Beach Gardens holds its regularly scheduled meetings on the first and third
Thursday of each month; and
WHEREAS, pursuant to section 200.065, Florida Statutes, the City Council must
conduct two public hearings on the tentative budget and proposed millage rate within the
time frames set forth therein and cannot conduct its hearings on the dates utilized by the
county commission and the school board; and
WHEREAS, both of the City Council's regularly scheduled meeting dates for the
month of September will conflict with the public hearings conducted by the county
commission and /or school board; and
WHEREAS, the City Council wishes to change the dates of its regularly scheduled
meetings for the month of September to enable it to conduct its public hearings on the
proposed budget and millage rate on the same dates it conducts its regularly scheduled
meetings, thereby avoiding the necessity of conducting up to four meetings in one month.
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 here y hang�s� its regularly scheduled meeting
dates for the month of September 2001 to ".c^ an
eptember 4, 2001 and Thursday,
September 13, 2001, thereby allowing the City Council to conduct public hearings on the
tentative budget and proposed millage rate on those dates.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
-1-
•
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.
RESOLVED, ADOPTED AND APPROVED THIS DAY OF
MAYOR JOSEPH R. RUSSO
ATTEST:
CAROL GOLD, MMC, CITY CLERK
I HEREBY CERTIFY that I have approved
this Resolution as to form.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
-2-
, 2001.
•
0
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date. _ 06/25/01
Meeting Date: 07/05/01
Subject/Agenda Item
Resolution 115, 2001, approving the Financial Assistance Agreement with Palm Beach
County for the Burns Road improvements.
Recommendation /Motion:
Consider a motion to approve Resolution 115, 2001.
Reviewed by
Originating Dept.:
Costs: $
Council Action:
(Total)
City Attorney
Finance
( ] Approved
$
[ ] Approved w/
Finance
Current FY
conditions
[ )Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
[ ] Operating
Attachments:
Paper:
[ j Not Required
[ X ] Other
Memorandum
Submitted by:
Kent R. Olson
Finance Director
Affected parties
[ ]Notified
Budget Acct. #:
[ ] None
Approved by.
City Ma ager
[ X ] Not required
BACKGROUND: See attached memorandum.
M
A
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ronald M. Ferris, City Manager DATE: June 25, 2001
FROM: Kent R. Olson, Finance Director 00
SUBJECT: Resolution 115, 2001 — Financial Assistance Agreement for Burns Road
BACKGROUND
Beginning last summer, City Engineer Dan Clark, City Attorney Len Rubin and I met on
several occasions with Commissioner Marcus, County Engineer George Webb, Assistant County
Administrator Verdenia Baker, Assistant County Engineer Charles Walker, Assistant County
Attorney Marlene Everitt and other representatives of Palm Beach County to discuss using
County impact fees for the Burns Road improvements. The City had a prior Interlocal
Agreement. with the County that set aside impact fees collected from certain developments along
Burns Road to fund improvements for Burns Road. Most of these funds were used to provide the
four -lane stretch of Burns between Riverside Drive and Gardens East Drive. The remaining
monies ($341,000), however, were to go for the future widening of Burns. Road. In addition, we
discussed using up to $1 million in County road impact fees collected from parcels in County
Road Impact Zone A due to the impact those developments will have on Burns Road.
DISCUSSION
Resolution 115, 2001 authorizes the City to enter into a Financial Assistance Agreement
with Palm Beach County to help fund the Burns Road construction. The Agreement is structured
so that the City will get reimbursed by the County immediately for the $341,000 which remains
from the earlier Interlocal Agreement. The additional $1 million in impact fees will be eligible
for reimbursement after the City has first expended $1 million from the bond issue we conducted
through the Florida Intergovernmental Finance Commission. This means we will need to spend
$1 million of the bond proceeds before we can begin incurring eligible costs for reimbursement
for the additional $1 million in funding. Please note the $1 million reimbursement is based upon
funds being available at the time the City submits for reimbursement. Significantly, this is the
first time the County will be utilizing funds collected in one impact fee zone to pay for
improvements in a neighboring impact fee zone.
RECOMMENDATION
Staff recommends approval of Resolution 115, 2001, authorizing the Mayor and City
Clerk to execute the Financial Assistance Agreement with Palm Beach County to help fund the
Burns Road improvements.
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 115, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYORAND CITY CLERKTO
EXECUTE A FINANCIAL ASSISTANCE AGREEMENT WITH PALM
BEACH COUNTY RELATING TO THE BURNS ROAD IMPROVEMENTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in an effort to reduce the number of trips and ease traffic congestion
on PGA Boulevard, the City is undertaking the widening of Burns Road to four and five
lanes, including the construction of medians and sidewalks; and
WHEREAS, the City has negotiated an agreement with Palm Beach County
whereby the County will provide financial assistance toward the construction of the Burns
Road improvements in an amount not to exceed $1,341,000; and
WHEREAS, under the terms of the proposed agreement, Palm Beach County will
reimburse the City for construction costs utilizing road impact fee funds; and
WHEREAS, the City Council has determined that the execution of the agreement
with Palm Beach County is in the best interest of the residents and citizens 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 hereby authorizes the Mayor and City Clerk to
execute the Financial Assistance Agreement with Palm Beach County, a copy of which is
attached hereto as Exhibit "A° and incorporated herein.
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-
RESOLVED D AND APPROVED THIS F ADOPTED APPR DAY O , 2001.
ATTEST:
CAROL GOLD, MMC, CITY CLERK
I HEREBY CERTIFY that I have approved
this Resolution as to form.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
•
MAYOR JOSEPH R. RUSSO
AYE NAY ABSENT
-2-
— ar-
FINANCIAL ASSISTANCE AGREEMENT FOR
2 CITY OF PALM BEACH GARDENS BURNS ROAD WIDENING
3 THIS INTERLOCAL AGREEMENT is made and entered into this day of
4 , 2001 by and between the CITY OF PALM BEACH GARDENS, a municipal
5 corporation organized and existing under the laws of the State of Florida, hereinafter
6 referred to as "CITY" and PALM BEACH COUNTY, a political subdivision of the State of
7 Florida, hereinafter referred to as "COUNTY."
8 WITNESSETH:
9 WHEREAS, Burns Road is a CITY -owned primarily two lane road that runs from
10 Prosperity Farms Road to Military Trail and is the only east -west thoroughfare located
11 within the CITY between PGA Boulevard and Northlake Boulevard; and
WHEREAS, due to major construction activities scheduled for PGA Boulevard,
13 including, but not limited to, the PGA Flyover at Alternate A1A, and in an effort to reduce
14 the number of trips and ease traffic congestion on PGA Boulevard consistent with the
15 COUNTY's CRALLS desigriation, the CITY is undertaking the widening of Burns Road; and
16 WHEREAS, the CITY will be widening Burns Road to four and five lines and
17 constructing medians and sidewalks, hereinafter referred to as "IMPROVEMENTS "; and
18 WHEREAS, the COUNTY believes that this effort serves a public purpose by
19 relieving traffic congestion on roadways in the northern portion of the COUNTY, including,
20 but not limited to, PGA Boulevard; and
21 WHEREAS, the CITY and the COUNTY now wish to enter into an agreement to
22 provide for the COUNTY's contribution to the CITY toward the cost of the
IMPROVEMENTS.
-1-
NOW, THEREFORE, in consideration of the mutual covenants, promises and
2 representations herein made, the parties agree as follows:
3 1. The above recitals are true, correct and are incorporated herein.
4 2. Within thirty (30) days of the CITY's submission and the COUNTY's
5 acceptance of invoices and /or other documentation substantiating the CITY's costs for the
6 construction of the IMPROVEMENTS, the COUNTY agrees to reimburse the CITY an
7 amount not to exceed Three Hundred and Forty -One Thousand Dollars ($341,000),
8 consisting of the monies remaining in the traffic impact fee account for the widening of
9 Burns Road previously established by Interlocal Agreement between the CITY and
10 COUNTY dated January 2, 1990 and amended on December 15, 1994. The CITY shall
11 utilize these funds for the construction and installation of the IMPROVEMENTS in
0 accordance with the Palm Beach County Impact Fee Regulations, and all other applicable
13 laws, regulations and ordinances.
14 3. Following execution of an agreement between the CITY and a contractor for
15 the construction of the IMPROVEMENTS, and within thirty (30) days of the CITY's
16 submission and the COUNTY's acceptance of invoices and' /or other documentation
17 substantiating the CITY's costs forthe construction of the IMPROVEMENTS, the COUNTY
18 agrees to reimburse the CITY an additional amount not to exceed One Million Dollars
19 ($1,000,000), consisting of monies collected from Road Impact Zone A to reimburse the
20 CITY for the construction of the IMPROVEMENTS to the extent that they are available at
21 such time as the CITY submits its application for reimbursement. The CITY acknowledges
22 that the Board of County Commissioners may, at any time, repeal, amend or otherwise
alter the Impact Fee Regulations and that any new or amended regulations would be
-2-
4 - -
-
applicable to this Agreement. The CITY shall utilize these funds for the construction and
2 installation of the IMPROVEMENTS in accordance with the Palm Beach County Impact
3 Fee Regulations, and all other applicable laws, regulations and ordinances. The
4 construction of the IMPROVEMENTS shall be commenced within one (1) year after
5 execution of this Agreement and shall be completed on or before December 31, 2004.
6 4. In accordance with the Palm Beach County Impact Fee Regulations, the
7 COUNTY agrees that the traffic studies and other documentation submitted by the CITY
8 to the COUNTY in support of the CRALLS designation for PGA Boulevard demonstrate
9 that proposed projects located in COUNTY Road Impact Zone A will substantially and
10 directly impact the need to expand Burns Road, which is located within COUNTY Road
11 Impact Zone C.
0 5. The CITY shall obtain or provide all labor and materials necessary of the
13 construction and installation of the IMPROVEMENTS. The CITY shall be responsible for
14 all costs associated with the construction and installation of the IMPROVEMENTS in
15 excess of One Million Three Hundred and Forty -One Thousand Dollars ($1,341,000). The
16 CITY shall not submit any reimbursement request to the COUNTY pursuant to paragraph
17 3 above until the CITY has expended at least One Million Dollars ($1,000,000) from
18 independent revenue sources toward the cost of construction of the IMPROVEMENTS.
19 6. The CITY agrees to obtain all appropriate permits, including any required
20 COUNTY permits, and coverall costs associated with those permits and related conditions.
21 7. The CITY agrees to be responsible for the perpetual maintenance of the
22 IMPROVEMENTS and shall be solely responsible for obtaining and complying with all
necessary permits, approvals and authorizations from any federal, state, regional or
-3-
4 -
!I COUNTY agency which are required for the construction, installation and maintenance of
2 the IMPROVEMENTS.
3 8. As it relates to this Agreement, the COUNTY may initiate a financial system
4 analysis and /or internal fiscal control evaluation of the CITY by an independent auditing
5 firm employed by the COUNTY or by the COUNTY's Internal Audit Department at anytime
6 the COUNTY deems necessary. The CITY shall maintain adequate records to justify all
7 payments, expenses and costs incurred for at least three (3) years after completion of the
8 IMPROVEMENTS. If such auditor evaluation reveals that the CITY failed to expend funds
9 reimbursed to the CITY by the COUNTY in accordance with the terms of this Agreement,
10 the CITY shall be obligated to reimburse the COUNTY for all such expenditures.
11 9. - To the extent permitted by law and without waiving the limitations of
sovereign immunity, CITY shall indemnify COUNTY, its agents, officers, servants and
13 employees harmless from and against any claims, liabilities, losses and /or causes of action
14 which may arise from the negligent act or omission of CITY, its agents, officers, servants
15 and employees in the performance of its obligations under this agreement. Additionally,
16 the CITY shall require that all contracts or agreements with. contractors relating to the
17 construction of the IMPROVEMENTS require that the contractors indemnify the COUNTY,
.18 to the extent set forth herein, and name the COUNTY as an additional insured on all
19 Certificates of Insurance.
20 10. CITY recognizes that it is an independent municipal corporation and is not
21 an agent or servant of the COUNTY or its Board of County Commissioners.
22 11. CITY shall, at all times during the term of this Agreement, maintain in force
spits status as an insured municipal corporation.
-4-
4 -
12. COUNTY and CITY agree that no person shall, on the grounds of race, color,
2 gender, national origin, ancestry, marital status, sexual orientation, disability; religion, or
3 creed, or age be discriminated against in performance of this Agreement.
4 13. In the event that any section, paragraph, sentence, clause, or provision
5 hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the
6 remaining portions of this agreement and the same shall remain in full force and effect.
7 14. All notices, request, consents and other communications required and
8
permitted under this agreement shall be in writing and shall be sent registered or certified
9
mail to the following:
10
As to CITY:
Ronald M. Ferris, City Manager
11
City of Palm Beach Gardens
12
10500 North Military Trail
Palm Beach Gardens, FL 33410
Phone: (561) 799 -4110
15
Fax: (561) 799 -4111
16
With a copy to:
Leonard G. Rubin, City Attorney
17
Watterson, Hyland & Klett
18
4100 RCA Boulevard
19
Palm Beach Gardens, FL 33410
20
Phone: (561) 627 -5000
21
Fax: (561) 627 -5600
22
As to COUNTY:
George T. Webb, P.E., County Engineer
23
c/o Charles R. Walker, P.E., Traffic Division Director
24
160 Australian Avenue
25
West Palm Beach, Florida 33406
26
Phone: (561) 684 -4030
27
Fax: (561) 478 -5770
28
With a copy to:
Marlene R. Everitt
29
Assistant County Attorney
30
301 North Olive Avenue
31
West Palm Beach, FL 33401
32
Phone: (561) 355 -2225
Fax: (561) 355 -4398
-5-
M
Ol 15. This Agreement shall be construed and governed by the laws of the State of
2 Florida. Any and all legal action necessary to enforce this agreement shall be held in Palm
3 Beach County. No remedy herein conferred upon any party is intended to be exclusive of
4 any other remedy, and each and every other remedy shall be cumulative and shall be in
5 addition to every other remedy given hereunder or now or hereafter existing at law or in
6 equity or by statute or otherwise. No single or partial exercise by any party of any right,
7 power, or remedy shall preclude any other or further exercise thereof.
8 16. Any costs orexpenses (including reasonable attorney's fees) associated with
9 the enforcement of the terms and conditions of this agreement shall be borne by the
10 respective parties; provided, however, that this clause pertains only to the parties to the
11 agreement-.
17. Except as expressly permitted herein to the contrary, no modification,
13 amendment, or alteration in the terms or conditions contained herein shall be effective
14 unless contained in a written document executed with the same formality and equality of
15 dignity herein.
16 18. Each party agrees to abide by all laws, orders, rules and regulations and the
17 CITY shall comply with all applicable governmental road construction and landscaping
18 codes in the construction, installation and maintenance of the Improvements.
19 19. The parties to this agreement shall not be deemed to assume any liability for
20 the negligent or wrongful acts, or omission of the other party. Nothing contained herein
21 shall be construed as a waiver, by either party, or the liability limits set forth in section
22 768.28, Florida Statutes.
•
M
f
2
3
4
5
6
7
8
9
10
11
13
14
15
16
17
m
•
20. The parties expressly covenant and agree that in the event either party is in
default of its obligations under this agreement, the party not in default shall provide to the
defaulting party thirty (30) days written notice before exercising any of its rights.
21. The preparation of this agreement has been a joint effort of the parties, and
the resulting document shall not, solely as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
22. This agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral,
relating to this agreement.
23. A copy of this agreement shall be filed with the Clerk of the Circuit Court in
and for Palm Beach County, Florida.
24. This agreement shall take effect upon execution and the effective date shall
be the date it is executed by the last part executing same. All work shall be completed by
December 31, 2004 unless the time for completion has been extended in accordance with
section 17 of this Agreement.
25. Each party's performance hereunder is contingent upon the annual budgeting
and appropriation of sufficient funds by the respective legislative bodies.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
-7-
0 IN WITNESS WHEREOF, th
2 and year as indicated below:
3
4
5
6
7 ATTEST:
8
4 -
e parties hereto have set their hands and seals the day
9
Carol Gold, MMC, City Clerk
10
Date:
11
APPROVED AS TO FORM
12
AND LEGAL SUFFICIENCY:
13
14
Leonard G. Rubin, City Attorney
15
16
0
18
19
ATTEST:
20
Dorothy H. Wilken, County Clerk
21
By:
22
Deputy Clerk
23
Date:
24
APPROVED AS TO FORM AND
25
LEGAL SUFFICIENCY:
26
By:
27
County Attorney
28
APPROVED AS TO TERMS
29
AND CONDITIONS:
30
By:
46
P:1CPWinl History \000616A\FFA.06(319.090)Igr
CITY OF PALM BEACH GARDENS,
FLORIDA
By:
Joseph R. Russo, Mayor
Date:
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Date:
r
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Datez _ 06/25/01
Meeting Date: 07/05/01
Subject/Agenda Item
Resolution 117, 2001, Amending Resolution 14, 2001, designating the City Manager as the
City's representative to the Board of the Florida Intergovernmental Finance Commission.
Recommendation /Motion:
Consider a motion to approve Resolution 117, 2001.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
(Total)
City Attorney
Finance
[ ] Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
[ ] Operating
Attachments:
Paper:
[ X ] Not Required
[ ] Other
Memorandum
Submitted by:
Kent R. Olson RV
Finance Director
Affected parties
j ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Ma age
[ X ] Not required
BACKGROUND: See attached memorandum.
,r
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ronald M. Ferris, City Manager DATE: June 25, 2001
FROM: Kent R. Olson, Finance Director M
SUBJECT: Resolution 117, 2001, Amending Resolution 14, 2001
BACKGROUND
The City adopted Resolution 14, 2001 on January 18, 2001, approving its
membership in the Florida Intergovernmental Finance Commission. At the time, you
were serving as the Interim City Manager and your future plans were uncertain, thus the
Resolution was drafted designating the Finance Director or his designee as the City's
representative on the Board of Directors for the new organization. Given that we now
have a .permanent City Manager, we need to revise the Resolution to designate the City
Manager or his designee as the City's representative on the Board of Directors.
0 DISCUSSION
Resolution 117, 2001, amends Resolution 14, 2001 to provide that the City
Manager is designated to serve or send a designee to serve as the City of Palm Beach
Gardens' representative on the Florida Intergovernmental Finance Commission.
RECOMMENDATION
Staff recommends adoption of Resolution 117, 2001, designating the City
Manager or his designee as the City's representative to the Florida Intergovernmental
Finance Commission.
•
•
RESOLUTION 117, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 14, 2001, TO
DESIGNATE THE CITY MANAGER AS THE CITY OF PALM BEACH
GARDENS' REPRESENTATIVE ON THE BOARD OF DIRECTORS OF THE
FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABIILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens adopted Resolution 14, 2001,
authorizing the City's membership in the Florida Intergovernmental Finance
Commission to borrow money to facilitate the financing and refinancing of capital
projects; and
WHEREAS, the City wishes to amend Resolution 14, 2001 with respect to
the designation of the City of Palm Beach Gardens' designated Director on the
Board of Directors of the Florida Intergovernmental Finance Commission.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Beach Gardens, Florida, as follows:
Section 1. The foregoing recitals are hereby ratified and incorporated
herein.
Section 2. Section 3 of Resolution 14, 2001, is hereby amended to read
as follows:
The City hereby authorizes the participation of the City as a Member of the entity
formed pursuant to the Interlocal Agreement and the City hereby designates the
City Manaqer Fi::u ^ce Dircctcr or his designee as its representative on the Board of
Directors of such interlocal entity to act as a Director within the meaning of the
Interlocal Agreement.
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 be effective upon adoption.
` INTRODUCED, PASSED AND ADOPTED this 5th day of July, 2001.
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CAROL GOLD, MMC, CITY CLERK WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
It
•
CITY OF PALM BEACH GARDENS ' ' "
CITY COUNCIL
Agenda Cover Memorandum
SUBJECT /AGENDA ITEM
Meeting Date: July 5, 2001
Prepared on: June 25, 2001
Public Hearing and First Reading of Ordinance 19, 2001, regarding a small -scale Future
Land Use Map amendment to change the land -use designation of a five -acre parcel of
land located at the southwest corner of Northlake Boulevard (Blvd.) and Congress Avenue
(Ave.) from Industrial to Commercial. On June 21, 2001, the City Council continued the
public hearing to July 5, 2001.
RECOMMENDATION
Staff recommends approval of Ordinance 19, 2001.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney
Growth Management
Total
[ ] Approved
Finance NA
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res. NA
[ ] Denied
Other NA
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Date: 6/10/2001
[ ] Operating
Paper: Palm Beach
[ ] Other
• Ordinance 19, 2001
. Applicant Justification
Post
Statement
[X] Required
• Location Map
i tt by:
�ta
owt .nVemment�
Affected parties
Budget Acct. #::
Director
(]- Pdotified
[ ]None
ApproveAd
City Man
0 Not Required
r
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -04
Request:
Urban Design Studio, agent, is proposing a small -scale land -use map amendment to
the City's Comprehensive Plan. The amendment changes the land -use designation of
the five -acre parcel from Industrial to Commercial. The subject parcel, known as
Parcel 34.01A, is located at the southwest corner of Northlake Boulevard (Blvd.) and
Congress Avenue (Ave.).
BACKGROUND:
The subject parcel is currently undeveloped, but is being used as a plant nursery. The
petitioner is requesting the land -use change to Commercial to allow the future
development of the site as a shopping center with retail establishments and
restaurants.
The petitioner intends to combine this parcel with an adjacent one to the west of the
subject parcel. Both parcels will total approximately 6.5 acres. The other parcel, which
is not subject to the proposed land -use change, is not located within the City of Palm
Beach Gardens' jurisdiction. It is within the boundaries of the Town of Lake Park. The
petitioner and the Town have indicated that they would like to develop both parcels
jointly through an interlocal agreement between the Town and the City. The Town and
the petitioner have also agreed that the City's Land Development Regulations will be
used to design and plan the site plan for both parcels.
LAND USE COMPATIBILITY WITH SURROUNDING AREA:
The subject parcel is surrounded by properties designated Commercial to the east,
north, and west, and Lake Park Mixed Commercial and Industrial to the south.
These surrounding planned land uses are compatible with the proposed Commercial
land -use designation. In addition, the subject parcel is located at an intersection and
fronts on two major arterials, which is generally a prime location for commercial use.
The City's Comprehensive Plan allows commercial developments to occur at major
intersection and corners of arterials, per Policy 1.1.6.4 of the Land Use Element.
COMPATIBILITY WITH THE VISION PLAN:
The City's Vision Plan serves as a land -use guide for all land -use designation changes
in the City. The Vision Plan designates the subject site as Commercial. Therefore, the
requested land -use change to Commercial is consistent with the intent and objective of
the Vision Plan.
•
•
•
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -04
HISTORICAL AND ARCHEOLOGICAL RESOURCES:
No historical and /or archeological resources have been identified on site, according to
the applicant.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE:
The site has been previously cleared of vegetation, according to the applicant and arial
photographs of the site provided to staff by the applicant.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION:
The maximum development potential allowed under the existing land -use designation of
Industrial is outlined below in the table. The analysis is based on the total acreage of
the site, which is five acres, and a maximum lot coverage of 40 %. The potential
impacts of development under the existing land -use designation are as follows:
POTENTIAL IMPACTS UNDER CURRENT LAND -USE OF INDUSTRIAL
Max.
Max.
External
Recreation
Sanitary
Potable
Solid
Development
Density /Intensity
Trip
/Parks
Sewer
Water
Waste
Potential
86,771 sq. ft.
40% Lot coverage
503 Daily
N/A
Adequate
Adequate
Adequate
of industrial
trips
capacity
capacity
capacity
use
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE
DESIGNATION:
The maximum development potential allowed under the proposed land -use designation
of Commercial is 75,925 square feet of retail, based on a maximum intensity of 35% lot
coverage. The potential impacts of development under the proposed land use
designation are as follows:
POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF COMMERCIAL
Max.
Max.
External
Recreation
Sanitary
Potable
Solid
Development
Density /Intensity
Trip
/Parks
Sewer
Water
Waste
Potential
75,925 sq. ft.
35% Lot coverage
3,368 Daily
N/A
Adequate
Adequate
Adequate
of retail
trips
capacity
capacity
capacity
The trip generation analysis reflects that there will be a net of 2,865 external trips that
potentially will be added primarily on Northlake Blvd.
3
•
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00-04
LEVEL OF SERVICE STANDARDS:
The petitioner's analysis demonstrates that there will be no direct, adverse impacts on
the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and
fire services, and traffic. The traffic analysis submitted by the applicant estimates that
the land -use change would result in the addition of 270 trips on 1 -95 for years 2000,
2005, and 2020, but this increase in trips is not significant because it represents an
impact of less than 3 %. In addition, 1 -95 is currently operating below the adopted LOS
D and is projected to continue to operate at this level for both 2005 and 2020 periods.
The City's traffic engineer has indicated that the proposed amendment will not degrade
the LOS of any segment within the zone of potential impact.
NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTION'S:
The Palm Beach County Intergovernmental Plan Amendment Review Committee
(IPARC) has reviewed the proposed amendment and has raised no objections. Staff
has not received any objections or adverse comments regarding this proposed
amendment from City residents as well.
LOCAL PLANNING AGENCY RECOMMENDATION:
On May 8, 2001, the City's Local Planning Agency (LPA) held a public hearing to
consider the subject petition and recommended approval with a vote of 7 -0.
STAFF COMMENTS:
The proposed land -use map designation of Commercial is compatible with the
surrounding land -uses of adjacent properties and with the City's Vision Plan. The
property is also suitable for the proposed land -use change, since it has been previously
cleared. The traffic analysis submitted by the applicant does not reflect significant
impacts that would result in lowering the adopted LOS of any roadway segment. The
City's traffic engineer also concurs with the conclusions of the traffic analysis.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed small -scale amendment to the City's
Comprehensive Plan to the change the land -use designation of the subject parcel from
Industrial to Commercial.
0 G:Ta1aI1LU -00- 04- str1 -CC
4
Exhibit "E"
AND USA',
NAMENDMENT A1,911, Scale 11/2 1 Mile
kLM BEACH GAR-DENS, FL LTD S J) QWjg3.00
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152
•
Request
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 775 -8295 Fax (561) 775 -1014
❑ Planned Community Development (PCD)
❑ Planned Unit Development (PUD)
❑ Amendment to PCD, PUD or Site Plan
❑ Conditional Use
® Amendment to the Comprehensive Plan
❑ Other (Explain)
• Annexation
• Rezoning
• Site Plan Review
• Concurrency Certificate
• Time Extension
Project Name: Congress Plaza West Small Scale FLUP amendment
Date: September 29, 2000 revised February 1, 2001
Site Information:
General Location: South West comer of Northlake Boulevard and Congress Avenue
Address: See Above
Township: 42S Section: 19 Range: 43E
Acreage: 4.98 acres
Current Zoning: Light Industrial M -1PBG Requested Zoning: TBD
Current Comprehensive Plan Land Use Designation: PBG Industrial
Existing Land Use: Vacant Nursery Requested Land Use: Commercial
Proposed Use(s) i.e. hotel, single family residence, etc.: To be retail, restaurant
Proposed Sq. Footage by Use: 75,925sf. Maximum
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, e
N/A
City of P.B. Gardens
GR(,vV I H
MANAGEMENT
r
•
etition number: _
ees
I pplication $
nfyin".rinf,
[7
•
FOR OFFICE USE ONLY
Date &
Time Received
Receipt Number:
17nte Annlicatinn C:mmnlete-
2
Owner: Congress Investors West, LLC
Applicant (if not Owner): ,
Agent: URBAN DESIGN STUDIO
Agent's Mailing Address: 2000 Palm Beach Lakes Blvd., Suite 600, West Palm Beach, FL 33409
Agent's Telephone Number: (561) 689 -0066 Fax Number: (561) 689 -0551
Architect: N/A
Engineer:
Planner: URBAN DESIGN STUDIO
Landscape Architect: n/a
Justification
Explanation:
Information concerning all requests (Attach additional sheets if needed)
{ Section 118 -50, Submission Requirements, City Code of Ordinances)
1. Explain the nature of the request: This request is for a Small Scale Land Use Amendment from
an Industrial to a Commercial desi"ation. The Land is located at the south west corner of Congress
and Northlake Boulevard. The commercial designation is consistent with the Palm Beach Gardens'
Vision Plan_ Northlake Boulevard serves as a commercial corridor in north central Palm Beach
County. The proposed land use change would not create any significant impacts to the level of
services standards established by the City of Palm Beach Gardens and would support the efforts of
the Northlake Task Force to improve this corridor.
2. What will be the impact of the proposed change on the surrounding area? The impact is positive
as the proposed amendment is consistent with direction of policy and desired development plans
of Palm Beach Gardens, Lake Park and Palm Beach County. The proposed small scale future land
3
J
0 use designation will not only be consistent with policy but the Vision Plan of Palm Beach Gardens
and the Town of Lake Park. It also is consistent with County policies for Eastward Ho and the
efforts of the Northlake Task Force to promote the viability and sustainability of this commercial
corridor.
3. Describe how the rezoning request complies with the City's Vision Plan and the following
elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental
Coordination and Capital Improvement.
This is not a rezoning request. It is a request for a small scale future land use designation, however
it fulfills the vision of having commercial property at this location.
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 98 & Chapter 102, City Code)?
This request is for a small scale future land use amendment. The property has been cleared for
0 years and no known historical resources exist. The landscaping of the property will be consistent
•
with city land development regulations and reviewed with the SPR application that is anticipated to
filed in the near future.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
106, City Code)?
This is will be better defined once a SPR application is filed and reviewed.
4
0 Legal Description of the Subject Property
(Attach additional sheets if needed) I.
See attached deed for legal description.
Exhibit D.
•
Location
The subject property is located at the south west comer of the intersection of Northlake
Boulevard and Congress Avenue .
Property Control Number(s) of the subject parcel(s):
36- 43- 42- 19 -00- 000 -1130
•
R
•
Ordinance 19, 2001
Prepared On: May 31, 2001
ORDINANCE 19, 2001 . , .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY
OF PALM BEACH GARDENS BY CHANGING THE LAND -USE
DESIGNATION ON APPROXIMATELY FIVE ACRES OF LAND
LOCATED AT THE SOUTHWEST CORNER OF NORTHLAKE
BOULEVARD AND CONGRESS AVENUE, FROM INDUSTRIAL
TO COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (LU- 00 -04-
ord) from Congress Investors West, LLC to amend the land -use designation for
approximately five acres of land located at the southwest corner of Northlake Boulevard
and Congress Avenue, as more particularly described in Exhibit "A" attached hereto, from
Industrial to Commercial; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, the future land -use map amendment is internally consistent with the
City's Comprehensive Plan; and
WHEREAS, the future land -use map amendment is consistent with -Section
163.3187(1)(c), Florida Statutes, pertaining to small -scale comprehensive plan
amendments; and
WHEREAS, on May 8, 2001, the Planning and Zoning Commission, as the duly
constituted Local Planning Agency for the City, recommended approval of the future
land -use map amendment to the Comprehensive Plan of the City; and
WHEREAS, the City Council acknowledges that this future land -use map
amendment is subject to the provisions of Section 163.3187(3).(c), Florida Statutes, and
that the City shall maintain compliance with all provisions thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City
is hereby amended to change the future land -use designation for approximately five
acres of land located at the southwest corner of Northlake Boulevard and Congress
C�
Ordinance 19,2001
Prepared On: May 31, 2001
Avenue, more particularly described in Exhibit "A," from Industrial to Commercial.
SECTION 2. The City's Growth Management Director is hereby directed to
ensure that this ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and other agencies, in accordance with Section
163.3187(2), Florida Statutes.
SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this
ordinance is for any reason held by the court to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of the ordinance.
SECTION 4. All ordinances or parts of ordinances previously adopted which are
in conflict herewith, are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall become effective in accordance with Section
163.3187(3)(c), Florida Statutes.
PLACED ON FIRST READING THIS THE DAY OF 2001.
PLACED ON SECOND READING THIS THE DAY OF 2001.
PASSED AND ADOPTED THIS THE DAY OF 2001.
MAYOR JOSEPH R. RUSSO
COUNCILMAN DAVID CLARK
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
2
•
ATTEST BY:
CAROL GOLD, MMC
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
G:Talal /LU -00 -04 -Ord
•
Ordinance 19, 2001
Prepared On: May 31, 2001
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY Bi(:
CITY ATTORNEY
AYE NAY ABSENT
C
_P.X �IT "A"
ttGA.L DESCRIPTION — CONGRESS PLAZA WEST .
A parcel of land situate in the Northeast one - quarter (NE 1/4) of Section *19, Township 42 South,
Range 43 East, Palm Beach County, Florida, being more particularly described as follows:
Commencing at the Northeast corner of said Section 19; thence North 88° 26' 21" West, along the
North line of the Northeast one - quarter (NE 1/4) of said Section 19, a distance of 1105.96 feet to
a point in the East right of way line of the South Florida Water Management District C- 17- Canal,
a 340 foot right of way; thence South -01° 28' 04" West, departing said North line and along said
East right of way -line, a distance of 75.00 feet to a point in the South line of that certain 75.00
foot right of way for Northlake Boulevard as recorded in Deed Book 951, page 194, and Deed
Book 916, page 453, of the- public records of Palm Beach County, Florida, said point also being
the Point of Beginnin? thence South 88° 26' 21" East, departing said East line and along said
South line, a distance of 420.40 feet to the West Iine of Congress Avenue as recorded in Official
Records Book 10739; at page 6, public records of Palm Beach County, Florida; thence South 431
41' 58" East, :depardng said South line and along said West line, a distance of 5621 feet; thence
South 01' 02' 33 " West, a distance -of 414.41 feet to the point of curvature of a curve concave to
the West having a radius of 8529.37 feet; thence Southerly along the are of said curve through a
central angle of 00° 50' 05 ", a distance of 124.26 feet to the point -of tangency; thence South 01
20' 36" West, a distance of 144.67 feet to the North line of that certain lease parcel as recorded in
Official Records Book 9600, at page 1225, of the public records of Palm Beach County, Florida;
thence North 88° 26' 21" West, departing said West line and along said North line, a. distance of
185.26 feet to a point in a 6 foot chain link fence; thence North 01' 52'37" East, continuing along
said North line and said fence Iine, a distance of 114.78 feet to a fence corner and a point on a
non- tanjent curve concave to the North (a radial line passing through said point bears North 061
03'43" East) having a radius of 332.84 feet; thence Westerly along the arc of said curve and
continuing along said North line and- said fence line, through a central angle of 10° 08' 51", a
distance of 58.95 feet to the end of said curve; thence North 76° 29'34" West, a distance of 91.19
feet to a fence corner, thence North 03° 00' 15" West, a distance of 154.66 feet to .a fence corner;
thence North 871 02' 13" West, a distance of 35.78 feet; thence North 02° 23' 15" East, departing
said North -line and said fence line, a distance of 93.77 feet to thelasterly extension of the North
line of said lease parcel and said fence line; thence North 870 26' 37" West, along said Easterly
extension and said fence Iine, a distance of 136.81 feet to the East right of way line of the South
Florida Water -Management District C -17 Canal, a 340 foot right of way; thence North 19° 18'
59" East, departing said Easterly extension and said. fence line• and along said East right of -way
line, a distance of 166.76 feet; thence North 01° 28' 04" East, continuing along said East right of
way line, a distance of 169.45 feet to the Point of Beginning.
4744873 vl - 5566 -152
•
-4-
•
0
CITY OF PALM BEACH GARDENS
CITY COUNCIL '
Agenda Cover Memorandum
Meeting Date: July 5, 2001
Prepared on: June 25, 2001
SUBJECT /AGENDA ITEM
Public Hearing and First Reading of Ordinance 20, 2001, regarding a Future Land Use
Map amendment to change the land -use designations of two parcels of land from Mixed
Use to Residential High. The subject parcels are known as Parcels 31.08 and 31.11 and
are located at northeast and northwest corners of Central Boulevard (Blvd.) and 1 -95.
Their combined acreage is approximately 80.5 acres. On June 21, 2001, the City Council
continued the public hearing to July 5, 2001.
RECOMMENDATION
Staff recommends approval of Ordinance 20, 2001.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney
Growth Management
Total
[ ] Approved
Finance NA
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res. NA
j ]Denied
Advertised:
Other NA
Funding Source:
[ ]Continued to:
Attachments:
Date: 6/10/2001
( ] Operating
Ordinance 20, 2001
Paper: Palm Beach
[ ] Other
. Applicant Justification
Post
Statement
[x] Required
• Location Map
r�,itted by:
0 %/vt- h (elan gem
Affected parties
Budget Acct. #::
Director
Notified
[ ] None
Appr
;by
Cer
[]Q Not Required
le
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -05
Request: , ,
Urban Design Studio, agent, is proposing a large -scale land -use map amendment to
the City's Future Land Use Map. The amendment changes the current land -use
designations of two parcels from Mixed Use to Residential High. The subject parcels
are known as Parcels 31.08 and 31.11 and are located at northeast and northwest
corners of Central Boulevard (Blvd.) and 1 -95. Their combined acreage is
approximately 80.5 acres. The acreage of Parcel 31.08 and Parcel 31.11 is 31.9 and
48.6, respectively. Both parcels are subject to the Forbearance Agreement, which
limits the density and intensity of each parcel to 3 units per acre and a 25% Floor Area
Ratio (FAR). However, when considering land -use changes, the analysis of impacts is
to be based on maximum density /intensity allowed by the requested land -use
designation per the City's Comprehensive Plan.
BACKGROUND:
The subject parcels are currently vacant and undeveloped and are part of a larger
development comprising several parcels known as "Parcel 31 Golf Course Community"
Planned Community District (PCD). The petitioner is requesting the land -use change
to Residential High to allow the future development of the site, along with the other
is parcels, as a PCD of luxury single family homes.
The applicant has requested the Residential High land -use designation because some
of the parcels that make up the proposed development site area contain parcels with
land -use designations of Residential High. The maximum number of units allowed
under the Residential High is 12 dwelling per acre, whereas the maximum density
allowed under the Mixed Use designation is 15 units to the acre. Thus, the overall
density of the two parcels will be reduced by three units to the acre once the requested
land use change is adopted by the City Council.
The current zoning classification of the parcel is Planned Development Area (PDA).
The PDA classification is a holding zone that requires the development of the site as a
PUD or Planned Community Development (PCD), depending on the size of the parcel.
LAND USE COMPATIBILITY WITH SURROUNDING AREA:
The subject parcels are surrounded by properties whose land -use designations consist
of Residential High to the south and west, and Mixed Use to the north and east. These
uses are compatible with the proposed Residential High land -use change.
COMPATIBILITY WITH THE VISION PLAN:
The City's Vision Plan serves as a land -use guide to all land -use designation changes in
the City. The Vision Plan designates the subject site as Residential Medium. The
requested -land -use change to Residential High is consistent with the intent and
2
17A
•
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -05
objective of the Vision Plan, since the intent of the Plan is to have multifamily residential
on the subject site and the surrounding area.
HISTORICAL AND ARCHEOLOGICAL RESOURCES:
No historical and /or archeological resources have been identified on site, according to
the applicant.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE:
An environmental assessment of the site has identified the existence of Gopher
Tortoises, a designated Species of Special Concern by the Florida Fish and Wildlife
Conservation Commission (FFWCC), and Pine Flatwoods. The City's Comprehensive
Plan identifies lands containing Pine Flatwoods as environmentally significant lands.
The subject sites are subject to the provisions of Policy 6.1.5.6 of the City's
Conservation Element, which require the protection and or mitigation of negative
impacts to environmentally significant lands and species on site at the site plan review
stage.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION:
The maximum development potential allowed under the existing land -use designation of
P P 9
Mixed Use is outlined below in the table. The analysis is based on the total acreage of
the site, which is 80.5 acres and a combination of land -uses designated on the Future
Land Use Map. The applicant has based the analysis on selecting four land -uses,
which consist of 15% Open Space, 30% Neighborhood Commercial, 30% Employment
Center, and 25% Residential High. The maximum lot coverage is 35 %. The potential
impacts of development projected under the existing land use designation are as
follows:
POTENTIAL IMPACTS UNDER CURRENT LAND -USE OF MIXED USE
Max.
Max. Density
External
Recreation
Sanitary
Potable
Solid
Development
or Intensity
Trip
/Parks
Sewer
Water
Waste
Potential
301 residential
Up to 15
1,896 Daily
2.5 Acres
Adequate
Adequate
Adequate
units
Du /acre
trips
capacity
capacity
capacity
368,282 sq. ft.
0.35 Lot
9,819 Daily
N/A
Adequate
Adequate
Adequate
of retail
coverage
trips
I capacity
capacity
ca acit
368,282 sq. ft.
0.35 Lot
3,549 Daily
N/A
Adequate
Adequate
Adequate
of office
coverage
trips
capacity
capacitv
capacity
Total
15,264
3
C7
•
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -05
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE
DESIGNATION: '
The maximum development potential allowed under the proposed land use designation
of Residential High is 966 dwelling units, based on a density of 12 du /ac for the 80.5 -
acre site.
The comparison between the potential impacts under the existing and proposed land
uses is evident, especially when considering traffic impacts. The total number of net
external trips to be generated by the development of the site under the proposed land -
use is only 44% of the number of external trips under the existing land -use designation.
This represents a significant reduction in the number of trips on PGA Blvd. The
applicant has not submitted a traffic analysis, but rather a trip generation analysis, since
the number of trips under the proposed land use is lower than the number of trips under
the existing land -use. In such cases, applicants are not required to provide traffic
analysis (traffic modeling). The potential impacts of development under the proposed
land use designation is projected to be as follows:
POTENTIAL IMPACTS UNDER PROPOSED LAND -USE RESIDENTIAL HIGH
Max.
Max.
External
Recreation
Sanitary
Potable
Solid
Development
Density /Intensity
Trip
/Parks
Sewer
Water
Waste
Potential
966
12 Du /ac
6,762 Daily
8.1 Acres
Adequate
Adequate
Adequate
Residential
trips
capacity
capacity
capacity
units
Total
6,762
Trips
LEVEL OF SERVICE STANDARDS:
The petitioner's analysis demonstrates that there will be no direct, adverse impacts on
the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and
fire services, parks and recreation, and traffic.
NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee
(IPARC) has reviewed the proposed amendment and has raised no objections. Staff
has not received any objections or adverse comments regarding this proposed
amendment from City residents as well. Staff has not received any objections or
adverse comments regarding this proposed amendment from any local government or
City residents. However, the School District of Palm Beach County has requested that
the applicant post a notice on the property informing potential buyers of the School
District's policy regarding assigning students to public schools.
4
LOCAL PLANNING AGENCY RECOMMENDATION:
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -05
On May 8, 2001, the Local Planning Agency (LPA) held a public hearing to consider the
subject petition and recommended approval with a vote of 7 -0.
STAFF COMMENTS:
The proposed land -use map designation of Residential High is compatible with the
surrounding land -uses of adjacent properties, does not negatively impact the adopted
LOS standards of needed infrastructure, and the site is suitable for the proposed land -
use change based on the environmental assessment provided by the applicant.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed large -scale map amendment to the City's
Comprehensive Plan to change the land -use designations of Parcels 31.08 and 31.11
from Mixed Use to High Residential.
•
G:Talal /LU- 00- 05- str1 -cc
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PARCELS 31.08 & 31.11 COMPRE]FIENSIVE
LAND USE AMENDMENT &
PRARCEL 31.01 TEXT AMENDMENT. 7d17
M BEACH GARDENS, FL
NTS
UDS Job #: = 10
LOCATION MAP Date: December 11, 2000
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 775 -8295 Fax (561) 775 -1014
Request
• Planned Community Development (PCD)
• Planned Unit Development (PUD)
• Amendment to PCD, PUD or Site Plan
• Conditional Use
• Amendment to the Comprehensive Plan
• Other (Explain)
❑ Annexation
❑ Rezoning
❑ Site Plan Review
❑ Concurrency Certificate
❑ Time Extension
Project Name: P rcels 31.0 n<3-1.11 C rehensive Plan Future Land Use Plan Amendment
and Parcel 31.01 Text Amendments
Date: December 11, 2000
Site Information:
General Location:, Northeast and Northwest corner of Central Boulevard and Interstate 95
Address: See above.
Township: 41 S & (42S) Section: 35, 36 & (2) Range: 42E
Acreage: 651 acres
Current Zoning: PDA Requested Zoning: PCD (per concurrent petition)
Current Comprehensive Plan Land Use Designation: Mixed Use, Residential Medium
Existing Land Use: Vacant - Requested Land Use: Residential /Golf
Proposed Use(s) i.e. hotel, single family residence, etc.: N/A
Proposed Sq. Footage by Use:
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
N/A
•
etition number: _
ees
I pplication. $
ncineerina $
•
•
FOR OFFICE USE ONLY
Date & Time
Receipt Number:
Tate Annlicatinn Comnlete--
2
Received
111111111
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0
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Owner:.. Communities Finance Company, a subsidiary of Watermark Communities, Inc.
Applicant (if not Owner):
Agent:, URBAN DESIGN STUDIO
Agent's Mailing Address: 2000 Palm Beach Lakes Blvd., Suite 600, West Palm Beach, FL 33409
Agent's Telephone Number: (561) 689 -0066 Fax Number: (561) 689 -0551
Architect: N/A
Engineer. Kimley -Horn and Associates
Planner: Urban Design Studio
Landscape Architect: N/A
Justification
Explanation:
Information concerning all requests (Attach additional sheets if needed)
{Section 118 -50, Submission Requirements, City Code of Ordinances)
1. Explain the nature of the request: We are requesting to redesignate approximately 80.52 acres
of land (Parcels 31.08 and 31.11) at the northeast and northwest corners of Central Boulevard and
Interstate 95 from the existing Future Land Use Plan designation of Mixed Use (NM) to
Residential High (RH). In addition, we are requesting the deletion of firture roadway #18 and a
section of future roadway #12, from Florida's Turnpike to Central Boulevard, from the City's
Conceptual Thoroughfare Plan (Map 0). We are also seeking the deletion of a pedestrian linkage
which traverses through Parcel 31.01 from the City's Conceptual Linkage Plan. These amendments
are requested in order to process a development application to provide for a low density, single -
family, private golf course community within the City of Palm Beach Gardens. This project will be
made up of Parcels 31.01, 31.08, 31.10, 31.11 and 31.12, hereby referenced as Parcel 31 Golf
3
0 . Community, and consist of 450 single family homes on approximately 651 acres.
2. What will be the impact of the proposed change on the surrounding area? 1.
For the requested Future Land Use Plan Amendment for the redesignation of two MXD parcels to
RH, the subject 80.52 acres is bounded on the southern and western boundaries by vacant lands with
the Residential High (RH) Future Land Use designation. The proposed Residential High Future
Land Use designation will be consistent with the surrounding land use designations. On the northern
and eastern boundary of the subject site is Interstate 95. It should be noted that the subject site, as
well as the remaining portion of the Parcel 31 Golf Community site, is planned to be a high -end golf
course community. Because the proposed development is much less than what is allowed under the
current Future Land Use designation and the proposed Future Land Use designation, the overall
impacts on public facilities and services will be less than what was anticipated under the City's
Comprehensive Plan. The proposed development of the Parcel 31 Golf Community as a golf course
community is consistent with the traditional and preferred development residential pattern in the
City.
For the requested Comprehensive Plan Text Amendment, we are requesting the deletion of the
section of the future east/west road #12 from Florida's Turnpike to Central Boulevard and all of
future roadway #18 on Map O of the Comprehensive Plan. This request is being made as the site
ri
which is to be bisected by these roadways is proposed to be a low density, single family, golf course
community. As an exclusive community, there is a desire to control the access to the site, similar
to the adjacent BallenIsles community. If Parcel 31.01 was to be divided up into multiple tracts with
multiple owners, the subject future public roadways may be desirable. Because all of the Parcel 31
Golf Community is proposed to be owned and developed by one entity, there is no public benefit
in providing public access through this single neighborhood project.. There will be numerous access
4
0 points to the project, which will include access points on PGA Boulevard and Central Boulevard.
,,There will also be a private roadway network which will service the future golf course; community.
Also, the concurrent request to change the Future Land Use designations on the adjacent Parcels
31.08 and 31.11 from Mixed Use to Residential High will reduce the possible traffic impact that
could be created on the Parcel 31 South site. The request to eliminate the pedestrian link within
Parcel 31.01 from the Conceptual Linkage Plan is consistent with the desire to provide a private golf
course community. Additional pedestrian linkages will be provided as part of the parkway program
along PGA Boulevard and Central Boulevard.
3. Describe how the rezoning request complies with the City's Vision Plan and the following
elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental
Coordination and Capital Improvement.
0 This is not a request for rezoning.
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 98 & Chapter 102, City Code)?
This request for a Comprehensive Plan amendment and it is not applicable to City's natural
preservation regulations.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
106, City Code)?
Not applicable.
•
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..,
Ordinance 20, 2001
Prepared On: May 31, 2001
ORDINANCE 20, 2001 . ,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY
OF PALM BEACH GARDENS BY CHANGING THE LAND -USE
DESIGNATIONS FOR PARCELS KNOWN AS 31.08 AND 31.11,
TOTALING APPROXIMATELY 80.5 ACRES, LOCATED AT THE
NORTHEAST AND NORTHWEST CORNERS OF CENTRAL
BOULEVARD AND 1 -95, FROM MIXED USE TO RESIDENTIAL
HIGH; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (LU- 00 -05-
Ord) from Communities Finance Company, LLC to amend the land -use designations for
Parcels known as 31.08 and 31.11, totaling approximately 80.5 acres, located at the
northeast and northwest comers of Central Boulevard and 1 -95, as more particularly
described in Exhibit W attached hereto, from Mixed Use to Residential High; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, the future land -use map amendment is internally consistentwith the
City's Comprehensive Plan; and
WHEREAS, the future land -use map amendment is consistent with Sections
163.3184 and 163.3187, Florida Statutes; and
WHEREAS, on May 8, 2001, the Planning and Zoning Commission, as the duly
constituted Local Planning Agency for the City, recommended approval of the future
land -use map amendment to the Comprehensive Plan of the City; and
WHEREAS, the City Council acknowledges that this future land -use map
amendment is subject to the provisions of Sections 163.3184(9) and 163.3189, Florida
Statutes, and that the City shall maintain compliance with all provisions thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City
is hereby amended to change the future land -use designations for two Parcels known as
31.08 and 31.11, totaling approximately 80.5 acres, located at the northeast and
Ordinance 20, 2001
Prepared On: May 31, 2001
•
northwest corners of Central Boulevard and 1 -95, and as more particularly described in
Exhibit °A" attached hereto, from Mixed Use to Residential High. '
SECTION 2. The City's Growth Management Director is hereby directed to
ensure that this ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and other agencies as required by Section
163.3184(3), Florida Statutes.
SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this
ordinance is for any reason held by the court to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of the ordinance.
SECTION 4. All ordinances or parts of ordinances previously adopted which are
in conflict herewith, are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall become effective in accordance with Section
163.3184(9), Florida Statutes.
PLACED ON FIRST READING THIS THE DAY OF 2001.
PLACED ON SECOND READING THIS THE DAY OF 2001.
PASSED AND ADOPTED THIS THE DAY OF 2001.
MAYOR JOSEPH R. RUSSO
COUNCILMAN DAVID CLARK
•
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
2
-A
Ordinance 20, 2001
Prepared On: May 31, 2001
ATTEST BY: APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY.
CAROL GOLD, MMC CITY ATTORNEY
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
G:TalaVLU- 00- 05-Ord
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AYE NAY ABSENT
3
-A
DOD
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e-A Al 6.t..
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 municipal Iirnits 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 1 -95 and the East right -of
way line ofCentral Boulevard; thence South 304 3114911 East, along,said West right -of way.line
of Interstate I -95, a distance of 1,475.56 feet to a curve having a rariini bearing of North 24
49" West, a r;rtiius of 1,669.35 feet, and a central r...: .,le of 66' 51' 33 ". Thence, departing from
said right =of- -way line, proceed Westerly along the ,rc-of said curve, a distance of 1,947.99 feet to
the East right -of -way Iine of Central Boulevard; thence North 43 ° 3 T 28" East, -along said righY-
of way, a distance of 409.08 feet; thence South 46 ° 22'41 East, along said right -of -way, a
distance of 35.03 feet; thence North 46 ° 10' 00" East, along- said. right -of -way, a distance of
450.44 feet; thence North 51•° 13'00" East, alozig said right -of -way, a distance of 302.66, feet;
thence North 43 ° 37 19" East, along said right -of -way, a distance of 287.60 feet to the Point of
Beginning of the herein described parcel.
i
177
'A
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Parcel 31.10
A parcel of Iand situate in Section 35, Township 41 South, Range 42 East And Section- 2,
Township 42 South, Range 42 East; Within the municipal.dimits of the City of Palm Beach
Gardens, Palm Beach County, Florida, and being more particular} -• described as follows: _
Commencing at the Quarter Section corner located in the 'We. -,. ,me of said Section 35; thence
South 870 56' 04" East, along the -East -West quarter section line, a distance of 2,694.21 feet to
the Point of Beginning of the herein described parcel; said Point of Beginning being on a curve
having a radial bearing of South 59°35' 10" East, aradius'of 2,575.00 feet, 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 and a point on a curve having a
radial bearing of South 54° 26' 54" East, a radius of 3,879.72 feet, and a central angle of 8° 04'
Thence proceed Northerly and Easterly. along the arc of said curve and West right= of=way
line, a distance of 546.64 feet to the end of said curve; thence North 43 ° 37 28" Fast, a distance
of 373.82 feet; to a curve having a radial bearing of North 4050 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 line, a distance of 2,681.51 feet to the end of said curve to
the East -West quarter section line; thence North 87° 56'04" West, along said East -West quarter
section line, a.distance of 1,123.80 feetato 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 Palrit Beach Gardens, Palm Beach County, Florida, and being more
%oML-_\NPKI"1N2nN:S\KACNMEG•LQL Exhibit A -1 Page 12
-0
CITY OF PALM BEACH GARDENS , ; -
CITY COUNCIL
Agenda Cover Memorandum
SUBJECT /AGENDA ITEM
Meeting Date: July 5, 2001
Prepared on: June 25, 2001
Public Hearing and First Reading of Ordinance 21, 2001, regarding a Future Land Use
Map amendment to change the land -use designation of a 27.5 -acre parcel from Rural
Residential -10 to Golf, and to amend the definition of the Golf land -use designation to
allow for golf testing facilities with up to 15,000 square feet. The subject parcel is located
approximately 1,800 feet northeast of the intersection of PGA Boulevard (Blvd.) and
Beeline Highway. On June 21, 2001, the City Council continued the public hearing to July
5, 2001.
RECOMMENDATION
Staff recommends approval of Ordinance 21, 2001.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Management
[ ] Approved
(L017
Finance NAB
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res. NA
( ] Denied
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date: 6/10/2001
[ ] Operating
Paper: Palm Beach
[ ] Other
Ordinance 21, 2001
Post
Letter from County
• Location Map
• Proposed Text
Amendment
• Applicant Justification
Statement
[X] Required
• Staff Comments
4Manage y: ,
ro rfienntt D irector
Affected parties
Notified
Budget Acct. #::
[ ] None
Appr[X]
City
a Not Required
179
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City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -06
Request,: ,
Urban Design Studio, agent, is proposing a land -use map amendment and text
amendment to the City's Comprehensive Plan. The amendment changes the current
land -use designation of a 27.5 -acre parcel from Rural Residential -10 to Golf and
amends the City's land -use designation of Golf to allow for golf testing facilities with up
to 15,000 square feet. The subject parcel, known as Parcel 18.A18, is located along
Beeline Highway approximately 1,800 feet northeast of the intersection of PGA
Boulevard (Blvd.) and Beeline Highway.
BACKGROUND:
The subject parcel is currently vacant and undeveloped and designated Rural
Residential. The petitioner is requesting the land -use change to Golf and to amend the
Golf land -use designation to allow golf testing facilities. The petitioner intends to
develop the site as a Planned Unit Development (PUD) for a golf testing facility.
The current zoning classification of the parcel is Planned Development Area (PDA).
The applicant will need to request a rezoning of the site to Commercial Recreation (CR)
i with PUD overlay.
!� LAND USE COMPATIBILITY WITH SURROUNDING AREA:
The subject parcel is surrounded by properties whose land -use designations consist of
Rural Residential to the west and east, Commercial Recreation to the north,
Conservation to the northeast, and Beeline Highway and Palm Beach Community
Airport to the south. These uses are compatible with the low intensity Golf land -use
change, provided adequate buffering, which is required by Code, is provided at the site
plan review stage between the subject site and the two residential parcels located to the
east and west of the site. The proposed designation is also compatible with the
property located to the north, which is designated Commercial Recreation on the Future
Land Use Map.
It is also important to note that a portion of the subject site lies within the Airport Land
Use Noise Zone, which prohibits new residential development within the zone. Staff
believes residential development along Beeline Highway should be discouraged to
avoid the concentration of residential areas fronting on a main arterial (as the situation
is on Military Trail) and immediately adjacent to an airport. Staff would like to prevent
the current Military Trail situation from occurring elsewhere in the City. Accordingly, the
proposed land -use change is compatible with the surrounding uses.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE:
No environmentally significant land exists on site, according to the environmental
assessment submitted by the applicant. There are no endangered and threatened
2
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -06
species or species of special concern. No known historical resources exist on site
either.
The environmental assessment of the site states that the vegetative communities on
site can be classified as disturbed wax myrtle and wet prairie and is moderately to
severely impacted by exotic and nuisance plant species. Most of the site has been
disturbed by agricultural activities.
The City's Environmental Engineer has found the site to be primarily comprised of wax
myrtle and without ecosystems, and accordingly the site does fall under the
Environmentally Significant Land Ordinance. However, the City Environmental
Engineer has recommended that the sparsely existing native vegetation should be
relocated to the Parkway Overlay District buffer, which is 50 feet wide from the right -of-
way.
Therefore, the site is suitable for the proposed Golf land -use designation, since no
environmentally significant land exists on.site, according to the information submitted to
staff and the City's Environmental Engineer's assessment of the subject site.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND USE DESIGNATIONS:
The maximum development potential allowed under the existing land use designation of
Rural Residential is three dwelling units, based on a density of one dwelling unit per ten
acres. The total acreage of the site is 27.5 acres. The applicant is permitted to develop
the site on septic sewer and water well, in accordance with Policies 4.A.1.1.3 and
4.13.1.1.1 of the City's Comprehensive Plan.
The potential impacts of development under the existing land use designation is as
follows:
POTENTIAL DEVELOPMENT IMPACTS UNDER RURAL RESIDENTIAL LAND -USE
•A
Max.
Max. Density
Traffic
Recreation/
Sanitary
Potable
Solid
Development
Parks
Sewer
Water
Waste
Potential
3 residential
1 du /10 acres
30 daily trips
0.018 acres
Septic
Well
Private
units
I
I
I
I
I provider
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE
DESIGNATION:
The maximum development potential allowed under the proposed land use designation
of Golf is 15,000 square feet, based on a maximum intensity of 20% lot coverage or a
maximum of 15,000 square feet of development, whichever is less. Please note that
this proposed maximum limit on intensity for the Golf land -use designatio
3
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City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -06
restrictive than what the petitioner is allowed to develop under the Forbearance
Agreement, which allows the development of the site with up to 25% Floor Area Ratio
(FAR). Under the agreement, the petitioner is entitled to develop up to 299,474 square
feet.
The potential impacts of development under the existing land use designation is as
follows:
POTENTIAL DEVELOPMENT IMPACTS UNDER GOLF LAND -USE
Max.
Max. Intensity
Traffic
Recreation
Sanitary
Potable
Solid
Development
/Parks
Sewer
Water
Waste
Potential
15,000 sq. ft.
20% lot coverage
136 daily trips
N/A
Septic
Well
Private
or max. of 15,000
provider
sq. ft., whichever
is less
LEVEL OF SERVICE STANDARDS:
The petitioner's analysis demonstrates that there will be no direct, adverse impacts on
the adopted Level of Service (LOS) standards for water, sewer, solid waste, and police
and fire services. However, the traffic analysis submitted by the applicant
demonstrates that a net increase of 106 daily trips will be added to the traffic network
surrounding the subject site. The traffic analysis conducted for the years of 2,000 and
2005 demonstrates that the additional increase of 106 daily trips does not lower the
adopted LOS standards for the potentially- impacted segments. The City's Traffic
Engineer has recommended approval of the amendment because the year 2020 traffic
impact on Beeline Highway is "de minimis" (please see attachment).
NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS:
Staff has forwarded the amendment application to the Palm Beach County -�
Intergovernmental Plan Amendment Review Committee (IPARC).
Palm Beach County has formally objected to the proposed amendment on grounds that
the amendment causes the LOS on Beeline Highway to be exceeded by the year 2020.
The County asserts the amendment is inconsistent with Policy 3.5-d of the County's
Comprehensive Plan (please see attachment).
The City's Planning and Zoning staff believes the County's objection is irrelevant as it
applies to the subject amendment. The County Policy 3.5 -d applies to amendments
requesting approval for land -use changes from the County. The text in the policy
states that "The County shall not approve a change to the Future Land Use Atlas..."
It is staffs opinion that this policy applies to amendments submitted to the County for
approval. In this case, the petitioner has requested the City of Palm Beach G
4
•
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -06
approve a land -use change for the subject property. The City has authority tQ exercise
land use control within its jurisdiction, in accordance with Section 163.3171, Florida
Statutes and its Comprehensive Plan, not the County's Comprehensive Plan.
The proposed amendment is consistent with Sections 163.3177(2) and (5), Florida
Statutes. Both sections require that comprehensive plans must include two planning
periods, five and fifteen year planning periods, and that all ,plan elements must be
coordinated and internally consistent.
The traffic analysis provided by the applicant does not show that any impacted roadway
segment would operate below the adopted LOS (in the City's Comprehensive Plan)
during the next five and fifteen year periods. The proposed amendment is consistent
with the adopted LOS for potentially impacted roadway segments within the City's short
and long -range planning periods. The amendment also preserves the internal
consistency and coordination between the Transportation, Future Land Use, and
Capital Improvements Elements, as required by Section 163.3177(2), Florida.
Staff has discussed this amendment with the staff of the Florida Department of
Community Affairs (DCA), who has concurred with staff's opinion.
LOCAL PLANNING AGENCY RECOMMENDATION:
On May 8, 2001, the Local Planning Agency (LPA) held a public hearing to consider the
subject petition and recommended approval with a vote of 7 -0.
STAFF COMMENTS:
The proposed land -use map designation of Golf is compatible with the land -use
designations of surrounding properties. The site is suitable for the proposed land -use
change, since it does not contain environmentally significant land, habitat, or
listed /endangered species. The potential impacts of the proposed change do not
adversely affect the adopted LOS standards for required services needed to support
the proposed land -use change. .X
With respect to traffic impacts, the net trip increase of 106 daily trips does not cause
Beeline Highway to fail currently or in the year 2005. However, a previous traffic
analysis did show that two segments on Beeline Highway would fail in the year 2020,
but not due to project traffic. The segments would fail due to background traffic
resulting from the extension of State Road 7 from Okeechobee Blvd. to Beeline
Highway. Project traffic impacts is less than one half percent on either segment
projected to fail in the year 2020.
5
•
STAFF RECOMMENDATION:
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -06
Staff recommends approval of the proposed land -use change from Rural Residential to
Golf and the proposed text amendment to the Golf land -use designation.
G:TalaRLU- 00- 06- str1 -cc
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C,
6
13
12
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Pi - I
i
PARCEL 18.A18
SPALDING GOLF TTSTIFACILITY
PALM BEACH GARDENS, FL
+ J
=`kcal -e: NTS
rL7DS Job #: 99- 005.06
_,Date: December
LOCATION MAP
-- r
1 pWRM�M
7 GOIliNN!!T/.l! e'
ii�aTlTp1lnnlo '
2,
4 I
3
North Pam Beads
Community Airport
YARCEL 15A108
City at P.a. Gardens
-A GRG lli
MANAGEMENT
SPAT, IN GOLF' 'TEST' k"ACI : , X-Y�r"
BEACH GARDENS, FL
6"
ADOPTED
Fg7'I'TJYtE LAND USE MAP
Scale: NTS
UDS Job #: 99 -0
Dater December
/ I
•./
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•
March 28, 2001
Mr. Talal Benothman
Senior Planner
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 N. Military Trail
Palm Beach Gardens, Florida 33410
RE: PARCEL 18.A18 (SPALDING SPORTS WORLDWIDE,
INC.) COMPREHENSIVE LAND USE PLAN
AMENDMENT REVISION
OUR REF: # 99- 005.02
Dear Mr. Benothman:
u
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Communication Graphics
Please accept the enclosed as our revised application for a Comprehensive Plan Future Land Use
Plan Amendment for a parcel hereby referenced as Parcel 18.A18 on behalf of Spalding Sports
Worldwide, Inc. Based upon our discussions, we are amending our initial request to redesignate
27.54 acres of land east of Beeline Highway and approximately 1,800 feet northwest of the
intersection of PGA Boulevard and Beeline Highway from the existing Future Land Use Plan
designation of Rural Residential -10 (R10) to Golf (G). Our amended application is attached.
This amendment is requested in order to process and provide for a Planned Unit Development for
a golf equipment testing facility. It is also our understanding that City staff will be amendment
the Comprehensive Plan definition of the Golf Future Land Use Designation to allow for golf -
related facilities up to 15,000 square feet in size.
We trust that this meets the requirements of the City of Palm Beach Gardens. Should you have
any questions or require anything else, please do not hesitate to contact me.
Sincerely,
Urban Design Studio
Marty R.A. Minor, AICP
Project Planner
Attachments
c: Matt Corjay, Spalding Sports Worldwide
Wayne Babb, Palm Beach Acquisitions, LLC
G: \COMMONUobs\ Spalding \CompPlanAmend2.032601.wpd
LCC 35
y
Cdy at P,B. Gardens
BAR 28 2001
GRvW1N
IWAGEMENT
DEPARIME19
2000 Palm Beach Lakes Boulevard
Suite 600 The Concourse
West Palm Beach, Florida 33409 -6582
561.689.0066 551 fax
Irvine, CA 1=1714.489.813'
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CITE' OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 775 -8295 Fax (561) 775 -1014
Request
❑ Planned Community Development (PCD)
• Planned Unit Development (PUD)
• Amendment to PCD, PUD or Site Plan
❑ Conditional Use
® Amendment to the Comprehensive Plan
❑ Other (Explain)
❑ Annexation
• Rezoning
• Site Plan Review
• Concurrency Certificate
• Time Extension
Project Name: Parcel 18.A18 (Spalding Sports) Land Use Plan Amendment
Date: December 22, 2000
Site Information:
General Location: East of Beeline Highway, approximate 1,800 feet north of PGA Boulevard
Address:
See,abpve
Township:
42S
Acreage:
27.54
Section: 1 Range: 41E
Current Zoning: PDA Requested Zoning: PUD (M -1) Concurrent petition
Current Comprehensive Plan Land Use Designation: RR 10 (Requesting I)
Existing Land Use: Vacant Requested Land Use: Golf Testing FacikUf
Proposed Use(s) i.e. hotel, single family residence, etc.: Golf Testing Facility
Proposed Sq. Footage by Use: 13,000 s.f. of Golf Testing Facilities 47
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if \cable):
0 1 FOR OFFICE USE ONLY
'etition number: Date & Time
pplication $
1�
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Receipt Number:
Date Annlicati?n Cpmplete1
3
Rece}v_e
LI
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Owner: Palm Beach Acquisitions, LLC
Applicant (if not Owner): Spalding Sports Worldwide, Inc.
Agent: URBAN DESIGN STUDIO
Agent's Mailing Address: 2000 Palm Beach Lakes Blvd.. Suite 600, West Palm Beach, FL 33409
Agent's Telephone Number. 561- 689 -0066 Fax Number: 561- 689 -0551
Architect:
Engineer:
Planner: URBAN DESIGN STUDIO
Landscape Architect: URBAN DESIGN STUDIO
Justification
Explanation:
Information concerning all requests (Attach additional sheets if needed)
{Section 118 -50, Submission Requirements, City Code of Ordinances}
1. Explain the nature of the request: We,are requesting to redesignate 27.54 acres of land east
of Beeline Highway and approximately 1,800 feet northwest of the intersection of PGA Boulevard
and Beeline Highway from the existing Future Land Use Plan designation of Rural Residential -10
(R10) to Industrial, This amendment is requested in order to process and provide for a Planned Unit
Development for a golf equipment testing facility_ ,
2. What will be the impact of the proposed change on the surrounding area?
The subject 27,54 acres is more suitable for a low- intensity industrial type use than the current
designation for low density residential. This is because of several factors. First of all, a portion of
the site is located within the Airport Land V5e Noise Zone in which pew residential development
is prohibited under the North County Airport Zoning Regulations, In addition, the proximity of the
4
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North County Airport will adversely impact any future residential development on the site. Also
the proximity of the airport facility and the adjacent Beeline Highway provide for nearby essential
modes of transportation creates a successftil industrial environment. Secondly. the location of these
transportation facilities guided the City_ 's Visioning committee to recommend that area near the
airport. alone the Beeline Hiahway. be designated for "Commerce and Trade." Although this site
was not specifically identified for Commerce and Trade uses on the City's Vision plan, this request
is in keeping with the discussions and intent of the Vision committee.
3. Describe how the rezoning request complies with the City's Vision Plan and the following
elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental
Coordination and Capital Improvement.
This is a request for an amendment to the City's Land Use Plan amendment
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 98 & Chapter 102, City Code)?
This will be addressed in the Planned Unit Development rezoning application.
5. How will the proposed project comply with City requirements for Art in Publ}c.Placek(Chapte`r< ,
106, City Code)? / 0Qera-
This will be addressed in the Planned Unit Development rezoning applications,
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is
Legal Description of the Subject Property
(Attach additional sheets if needed)
See attached deed for legal description.
Location
The subject property is located approximately 1,800 feet northeast of the intersection of PGA
Bpulevard and Beeline Highwav on the ❑ north, ® east, ❑ south, ❑ west side of
Beeline Highway Property Control Number(s) of the subject parcel(s):
A
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C�-/( /c� Ll-
MTP Group, Inc.
12798 Forest Hill Boulevard, Suite 303
too Wellington, R 33414
Phone: 1561/ 795 -0678 Teletax: /561/ 795 -0230
MEMORANDUM
To: Sean C. Donahue, P.E.
LBFH, Inc.
From: Marfa M. Tejera, P.E. V /)qd—r
Date: May 15, 2001
Subject: Spalding Golf Test Facility - Comprehensive Plan Amendment
RE
vmv 9 6
LBFH PALM CITY
We have completed a review of a Traffic Impact Analysis prepared by Kimley Horn and
Associates, Inc. dated April 2001 in reference to a comprehensive plan amendment for Parcel
18.A18. The property is located in the northeast quadrant of the intersection of PGA Boulevard
and Beeline Highway in the City of Palm Beach Gardens. According to the analysis, the 27 -acre
site has an existing land use designation of residential (1 unit per 10 acres) and is proposed to be
amended to golf.
The traffic study was performed based on maximum intensity for the existing and proposed land
use designation. Maximum intensity for the proposed land use designation was based on a 27 acre
golf course.
Based on the information presented in the study and a supplemental letter dated April 25, 2001,
the segment of Beeline Highway adjacent to the site is projected to be over the adopted service
volume in the year 2020. However, project impact is "de minimus ". Therefore, the proposed
land use amendment could be approved.
Should you have any questions, please give us a call at (561) 795 -0678.
F:\mtp\PBG\SpaidingGoIfTest.ComPlanAmend.Appr.wpd
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05 /t3U /2bb1 14:41 5b123353b5 VLFiMIM U1vib1UN rF
FORMAL WRITTEN OBJECTION
TO: Clearinghouse;
Initiating Local Government-. and
Interlocal Plan Amendment Review Committee '
FROM: Frank M. Duke, AICP, Planning Director
Palm Beach County Planning Division
DATE: May 8, 2001
RE: Reference #: P130-17
The County of Palm Beach, hereby files a formal objection to the proposed
City of Palm Beach Gardens comprehensive plan amendment # PBG -17 for the
following reasons:
This objection reflects the County's authority under the charter to set the level of service n the arterial
and collector network. The traffic associated with the proposed land use amendment cau ses the level
service on Beeline Highway, a Florida Intrastate Highway System (FIHS) facility, to be exi eeded by IN
Year 2020. Accordingly, the amendment Is inconsistent with County's Transportation Pol cy 3.5-d
(enclosed).
This forma j tion shat be fitted to the Department of Community Affairs.
"
Signatu fe`o s Authonzed7l3esignee
FOR USE BY CLEARINGHOUSE
Forwarded On
Date of Receipt Signature of Clearinghouse Date
Local Government
Panel Meeting Scheduled for
Panel Member 1
Panel Member 2
Panel Member 3
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014
to
Policy 3-5 p The County shall not approve a change to the Future Land Use At as which
results in an increase in density or intensity of development generating additional raffic that
significantly impacts any roadway segment projected to fail to operate at the ado 3ted level
of service standard based upon the adopted Long Range Transportation Plan. Significant
impact shall be as defined in Table 3.5 -1.
TABLE 3.5 -1
Significant Impact
. Net Trip Generation -- Distance
1 - so No significant impact
.
51-1,000 Only address directly accessed link on
first accessed major thoroughfare
-1.001- 4.000 I - One (1) mile'
4,001 - 8.000 Two (2) miles'
8.001 - 12,000 Three (3) miles'
12.001 - 20.000 Four (4) miles'
-- 20.001 -up - Five (5) miles' -
A project has significant traffic: (1) when net trips will cause the currently adopted LOS
for FIHS facilities to be exceeded: and /or (2) where net trips impacting roads not on I he
FIHS are greater than three percent (3 %) of the currently adopted level of service "D"
capacity on an AADT basis of the link affected up to the limits set' forth in this to e.
The laneage shall be as shown on the adopted Long Range Transportation Plan.
-- When calculating net trips, consideration will be given to alternative modes of
transportation (i.e.. bicycle lanes, bicycle paths, bus lanes, fixed rail, and light fail
facilities) in reducing the number of net trips. These alternative modes must either e
operating at the time of the change to the Future Land Use Atlas or be included in both
the Transportation Element (Mass Transit) and the Capital Improvement Element of
the Comprehensive Plan.
Policy 3.5 -e: The Planning. Zoning. and Building Department, along with the aF
operating departments, shall monitor existing and projected levels of service th
Concurrency Management System, as provided in the Capital Improvement Ele
shall prepare Annual Public Facilities Update Reports.
Palm Beach County
Revised 9 /18/00 Page 74 - FLU
mate
h the
Land
1989 Compreh nsive Plan
Ordinance 200Q-26. 30. 31
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Ordinance 21, 2001
Prepared On: May 31, 2001
ORDINANCE 21, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY
OF PALM BEACH GARDENS BY CHANGING THE LAND -USE
DESIGNATION ON APPROXIMATELY 27.5 ACRES OF LAND,
LOCATED ALONG BEELINE HIGHWAY APPROXIMATELY 1,800
FEET NORTHEAST OF THE INTERSECTION OF PGA
BOULEVARD AND BEELINE HIGHWAY, FROM RURAL
RESIDENTIAL -10 TO GOLF AND AMENDING THE GOLF LAND -
USE DESIGNATION TO ALLOW FOR GOLF TESTING
FACILITIES AND OTHER GOLF RELATED USES WITH UP TO
15,000 SQUARE FEET OF BUILDING AREA; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (LU- 00 -06-
Ord) from Spalding Sports Worldwide, Inc. to amend the land -use designation on
approximately 27.5 acres of land located along Beeline Highway, approximately 1,800
feet northeast of its intersection with PGA Boulevard, as more particularly described in
Exhibit "A" attached hereto, from Rural Residential -10 Golf, and to amend the Golf land -
use designation to allow for golf testing and other related facilities as reflected in Exhibit
"B'; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, the future land -use map and text amendment is internally consistent
with the City's Comprehensive Plan; and
WHEREAS, the future land -use map and text amendment is consistent with
Sections 163.3184 and 163.3187, Florida Statutes; and r
WHEREAS, on May 8, 2001, the Planning and Zoning Commission, as the duly
constituted Local Planning Agency for the City, recommended approval of the future
land -use map and text amendment to the Comprehensive Plan of the City; and
WHEREAS, the City Council acknowledges that this future land -use map and text
amendment is subject to the provisions of Sections 163.3184(9) and 163.3189, Florida
Statutes, and that the City shall maintain compliance with all provisions thereof_.
196
Ordinance 21, 2001
Prepared On: May 31, 2001
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is
hereby amended to change the future land -use designation on approximately 27.5 acres
of land located along Beeline Highway, approximately 1,800 feet northeast of its
intersection with PGA Boulevard, as more particularly described in Exhibit "A" attached
hereto, from Rural Residential -10 to Golf, and to amend the Golf land -use designation to
allow for golf testing and other related facilities, as reflected in Exhibit `B."
SECTION 2. The City's Growth Management Director is hereby directed to
ensure that this ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and other agencies as required by Section
163.3184(3), Florida Statutes.
SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this
ordinance is for any reason held by the court to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of the ordinance.
SECTION 4. All ordinances or parts of ordinances previously adopted which are
in conflict herewith, are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall become effective in accordance with Section
163.3184(9), Florida Statutes.
PLACED ON FIRST READING THIS THE DAY OF 2001. _
PLACED ON SECOND READING THIS THE DAY OF 2001.
PASSED AND ADOPTED THIS THE DAY OF 2001.
r
MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN
COUNCILMAN DAVID CLARK
9
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
2
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ATTEST BY:
Ordinance 21, 2001
Prepared On: May -31, 2001
APPROVED AS TO LEGAL '
FORM AND SUFFICIENCY BY:
CAROL GOLD, MMC CITY ATTORNEY
CITY CLERK
VOTE: AYE NAY ABSENT -
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
G:Talal /LU -00 -06 -Ord
6, RJ (QED1 3 "' 99 ? 5 0 i 5: 0? /N0. 4260019414 f 6
Reginr:ng at the intersection of the South right of way line of P.G.A. Boulevard and the East right
of way line of State Road 7; thence South 01° 50' 35" West, ajnna said East tight of way line, a
distance of 690.55 feet to a point an the North fight of way at of the Beeline Idighway (St aie Road
710); thence South 53" 39' 33" East along said right- of way lines a of 2,674.73 feet; thence
North 05° 58' 15" West a distance of 2,238.61 fea w a point of intersection with tic South right
of way line of P.GA Boulevard; rhmce Notch 88° 31' 49" West, along said South right of wtiy line,
a distance of 1900.00 feet to the POINT. OF BEGINNING of the herein described parcel.
Parcel MU 1
A parcel of hod sifi-ffp in• Sections 1 and 11, Township 42 South, Range Al East; wi0in the munici-
pal limits of the ci�r ofPalrn Beach Gerdem, Palm Beach Couniy, Florida and being raore particularly
described as fohcrw3:
That part of said Sections 1 and I2 lying Wcauxiy of she Wcst right of way of State Road 7, lying
Southerly of the South right of way line of P.G.A. Boukvard and lying Northeasterly of the Northeast
right of way line of Beeline Highway ( Stare Road 710).
Parse! 18A.13
A parcel of land locatezi in Section 1, Towaship 42 South, Range 41 East, within the municipal limits
of the City of Palm Beach Gardens, Palm Beach County, Florio and being more particularly
described as follows:
is Eeginning a3 the intersection of the North right of way lino of PGA Boulevard and the Northeast right
of way line of the Beeline Highway; thence South 88" 31' 49" East, along said Nonh right of way
line, a distance of 939.59 feet to a point on the West tight of way line of State Road 7; thence North
01° 50' 28" East, along said West right of way line, a dicta of 668.27 feet; thence South 880 29'
35" West, a distance of 746.28 feet; thence South 390 25' 54" West, a distance of 630.95 feet to
a point on said Northeast right of way line of the Beeline Highway, thence South 530 39' 33" East,
along said Northeast right ofway line, a distance of 230.95 feet to the POINT OF BEGINNING of
the herein described parcel.
Farce! 18A.18
A parcel of land lacy in Sections 1 and 2y Township 42 South P44c 41 Fist, within, the municipal
limits of the City of Palm Beach Gardens, Palm Beach County. Florida, and being more particularly
described as follows: '
Com.�n=dag at the in=s=lon of :ho North right of way line of PGA Boulevard 2nd the Northeast
right of way fuse of the Bee4ine Hsg}away;16-n=North 53° 39' 33 °'West, along said Northeast right
ofway line ofths Beeline Ixghway, a distance of 230.95 fees to the POINT OF BEGINNING of the
herein described parcel of land;
Thc:=North 39° 25' 54" Feast, a distance of 630.95 feet; thence North 8S° 29' 33" East, a disc
of 746.28 fez; thence North O1° SO' 28" Esst, a diA=co of 331.75 feet; thewe North 88 31'
0
~� ^�
C!c Cell 'ay ;�,;CC:7 ARAI •ii 1'R
• .' :1 ui
�Xni ni n OVED) 1 :0'99 15: ; r 'T. 1;:071N0. 4260019424 F 7
West, a distance of 63201 fc:t; thence Nnnh 53 0.39' 33" West, a distance of 6,085.22 feet; thence
South 36° = 07" Wesr, a distance of 1,000.00 fe~t; thcacc South 53° 39' 33" 7 :—c, along the said
Northeast right of way line of the Beeline Highway, a distance of 6,168.32 feet to the POINT OF
BEGINNING of the herein described parcel.
F2nel 13A.24
A parcel of lard lying in Section 6, Township 42 South, Range 42 East, within the municipal limits
of the city of P&Un Beach Gardcm, Palm Beach County, Florida, and being more paracniarly
described as follow3:
That portion of Section 6, Township 42 South, Range 42 East,, lying Southerly and Westerly of the
following described lin.c and Northerly of the North right of way line of P.G.A. Boulevard as
described in Official Record Book 879, page 549 and as shown in Road Plat Book 6, pages 110 to
112, inclusive-
Comrneszzing at the Southwest corner of said Section 6; The= North 01 ° 50' 41 "
East, along the West line of said Section, a distance o f 1,050.02 feet to a point on a
line 1,000.00 facet North of and par- 11,1 with the North right of wsy line of P. G. A.
Boulevard and the POINT OF BECiLNNING of the hcrain described line.
Thence South 88' 31' 49" East, departing said Section line, a distance of 1,006.26
feet; Thrice South 23'0 12' 28" Fast , a dismnce of 80.31 feet, Thence South 08 ° 42'
31" East, a distance of 770.52 feet; Thence south 09' 41' 03" East, a distance of
77:85 fat: Thence South 08' 42' IT' Ezs; a distaste of 93.47 feet; thence South 01 °
28' 11" West a distance of 50.00 feet to a poi= on tho South lime of said Section and
tlsc POINT OF TEPIY INUS of rise herein descnbed Ii=.
T.FSS AND EXCEPTING TIEREFROM the right of way ofF.G A Boulevard and the right of way
of State Road 7.
�tce
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f+.w�asaan�a�w�±�wtYiPwx
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EXHIBIT "B"
PROPOSED TEXT AMENDMENT
The proposed text change is to the Golf land -use category language on Page 1-4
of the Future Land Use Element of the City's Comprehensive Plan. The added
text is underlined:
Golf: (G): The G category portrays areas specifically intended or used for golf
courses. This designation can include public and private golf courses, golf
course - oriented uses such as clubhouse facilities, maintenance facilities and
accessory uses, and other golf- related uses. Such golf related -uses may be
permitted with City Council approval, provided such uses do not exceed 15,000
square feet in total buildinq(s) area or an intensity of 20 % lot coverage and 24
feet in height, whichever is less.
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CITY OF PALM BEACH GARDENS '
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: July 5, 2001
Prepared on: June 25, 2001
SUBJECT /AGENDA ITEM
Public Hearing and First Reading of Ordinance 22, 2001, regarding a Future Land Use
Map amendment to change the land -use designation of a 13.5 -acre parcel from Mixed Use
to Commercial at the southwest corner of Donald Ross Road and Central Boulevard
(Blvd.), which is a few feet northwest of Dwyer High School. On June 21, 2001, the City
Council continued the public hearing to July 5, 2001.
RECOMMENDATION
Staff recommends approval of Ordinance 22, 2001.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney
Growth Management
Total
[ ] Approved
Finance NA
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res. NA
[ ] Denied
Advertised:
Other NA
Funding Source:
[ ]Continued to:
Attachments:
Date:6 /10/2001
[ ] Operating
Ordinance 2001
Paper: Palm Beach
[ ] Other
0 ust
Applicant Justification
Post
Statement
[X] Required
• Location Map
S itted by:
Management
Affected parties
Budget Acct. #::
Director
[X] Notified
[ ] None
A ro :�
pP
Cit a ger
0 Not Required
w
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -07
Request:,
Urban Design Studio, agent, is proposing a large -scale land -use map amendment to
the City's Comprehensive Plan. The amendment changes the current land -use
designation of a 13.5 -acre parcel from Mixed Use to Commercial. The subject parcel,
known as Parcel 4.10, is located at the southwest corner of Donald Ross Road and
Central Boulevard (Blvd.). It is a few feet northwest of Dwyer High School.
BACKGROUND:
The subject parcel is currently vacant and undeveloped. The petitioner is requesting
the land -use change to Commercial to allow the future development of the site as a
Planned Unit Development (PUD) with one land -use due to the small size of the subject
parcel. Some of the land -use activities may include a retail and flex -space facility.
The current zoning classification of the parcel is Planned Development Area (PDA).
The PDA classification is a holding zone that requires the development of the site as a
PUD or Planned Community District (PCD), depending on the size of the parcel.
LAND USE COMPATIBILITY WITH SURROUNDING AREA:
The subject parcel is surrounded by properties whose land -use designations consist of
Residential Low to the west, Residential Low and Public to the south,
Commercial /Residential (Abaccoa) to the north, Commercial and Mixed Use to the east.
These uses are compatible with the proposed Commercial land -use change, provided
adequate buffering, which is required by Code, is provided at the site plan review stage
between the subject site and the residential parcels located to the west and south. The
proposed designation is also compatible with the property located to the north and east,
which has a designation of Commercial. In addition, the subject parcel is located
southwest corner of Donald Ross Road and Central Blvd., which is suitable for
commercial use.
COMPATIBILITY WITH THE VISION PLAN:
The City's Vision Plan serves as a land -use guide to all land -use designation changes in
the City. The Vision Plan designates the subject site as Residential Medium. The
requested land -use change to Commercial may not be consistent with the intent and
objective of the Vision Plan. However, the subject site is part of a larger site that will be
developed for commercial purposes and is located at the southwest corner of Donald
Ross Road and Central Blvd. In addition, the City's Comprehensive Plan allows
commercial development at intersections and major arterial corners.
HISTORICAL AND ARCHEOLOGICAL RESOURCES:
No historical and /or archeological resources have been identified on site, according to
the applicant.
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City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -07
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE:
The subject site is considered as environmentally significant, pursuant to Policy 6.1.5.4
of the Conservation Element of the City's Comprehensive Plan. The site contains
gopher tortoises, which are designated by the Florida Fish and Wildlife Conservation
Commission as Species of Special Concern. Pine Flatwoods also exist on site and are
considered as environmentally significant by the policy referenced above.
The Comprehensive Plan requires mitigation measures be implemented to protect the
Pine Flatwoods through site planning and project design to ensure that as many Pine
Flatwoods as possible are protected, in accordance with Policy 6.1.5.6 of the
Conservation Element.
The policy also requires that the gopher tortoises be relocated either on -site or off -site.
The relocation plan must be approved by all appropriate agencies. Staff will ensure that
the Pine Flatwoods and gopher tortoises are protected at the site plan review stage
through site planning and conditions of approval.
Therefore, the site is suitable for the proposed Commercial land -use designation and is
consistent with the policies of the City's Comprehensive Plan pertaining to
environmentally sensitive areas.
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION:
The maximum development potential allowed under the existing land -use designation of
Mixed Use is outlined below in the table. The analysis is based on the total acreage of
the site, which is 13.5 acres and a combination of land -uses designated on the Future
Land Use Map. The applicant has based the analysis on selecting four land -uses,
which consist of 15% Open Space, 30% Neighborhood Commercial, 30% Employment
Center, and 25% Residential High. The maximum lot coverage is 35 %.
The potential impacts of development under the existing land use designation are as '
follows:
POTENTIAL IMPACTS UNDER CURRENT LAND -USE OF MIXED USE
Max.
Max.
External
Recreation
Sanitary
Potable
Solid
Development
Density /Intensity
Trip
/Parks
Sewer
Water
Waste
Potential
50 residential
12 Du /acre
322 Daily
.42 Acres
Adequate
Adequate
Adequate
units
trips
capacity
capacity
capacity
61,746 sq. ft.
0.35 Lot coverage
2,884 Daily
N/A
Adequate
Adequate
Adequate
of retail
trips
ca acit
ca acit
capacity
61,746 sq. ft.
0.35 Lot coverage
852 Daily
N/A
Adequate
Adequate
Adequate
of office
trips
capacity
ca acit
ca acit
Total
4,058
3
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City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -07
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE
DESIGNATION:
The maximum development potential allowed under the proposed land use designation
of Commercial is 205,821 square feet of retail, based on a maximum intensity of 35% lot
coverage. However, the subject parcel is limited to only 25% intensity of development
by the Forbearance Agreement signed by the City and affected property owners.
Accordingly, the analysis should be based on a maximum intensity of 25 %, which is
consistent with the referenced agreement.
The potential impacts of development under the proposed land use designation should
be as follows:
POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF COMMERCIAL
Max.
Max.
External
Recreation
Sanitary
Potable
Solid
Development
Density /Intensity
Trip
/Parks
Sewer
Water
Waste
Potential
147,015 sq. ft.
25% Lot coverage
5,234 Daily
N/A
Adequate
Adequate
Adequate
of retail
trips
capacity
capacity
capacity
The traffic analysis reflects the addition of 1,176 external trips on the roadway network
impacted by the land -use change. However, based on an analysis of the traffic study,
this increase does not result in lowering the adopted LOS of potentially impacted
roadway segments. The City's Traffic Engineer concurs with this conclusion (please
see attachment).
LEVEL OF SERVICE STANDARDS:
The petitioner's analysis demonstrates that there will be no direct, adverse impacts on
the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and
fire services, and traffic.
NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee
(IPARC) has reviewed the proposed amendment and has raised no objections. Staff
has not received any objections or adverse comments regarding this proposed
amendment from City residents as well.
LOCAL PLANNING AGENCY RECOMMENDATION:
On May 8, 2001, the Local Planning Agency (LPA) held a public hearing to consider the
subject petition and recommended approval with a vote of 7 -0.
4
STAFF COMMENTS:
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: LU -00 -07
The proposed land -use map designation of Commercial is compatible with the
surrounding land -uses of adjacent properties. The property is also suitable for the
proposed land -use change and the applicant is required to adequately address the
relocation of listed species and protection of Pine Flatwoods, as required by the City's
Comprehensive Plan at the site plan review stage. The City's Traffic Engineer has
raised no objections or concerns to the proposed amendment.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed land -use change from Mixed Use to
Commercial for Parcel 4.10.
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CITE' OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 775 -8295 Fax (561) 775 -1014
Request
❑ Planned Community Development (PCD)
❑ Planned Unit Development (PUD)
❑ Amendment to PCD, PUD or Site Plan
❑ Conditional Use
® Amendment to the Comprehensive Plan
❑ Other (Explain)
❑ Annexation
❑ Rezoning
❑ Site Plan Review
❑ Concurrency Certificate
❑ Time Extension
Project Name: Parcel 4.10 Future Land Use Plan Amendment Date: December 22, 2000
Site Information:
General Location: South of Donald Ross Road and West of Central Boulevard
Address:
Township: _ 41 S Section: 25 Range: 42E
'Acreage:., 13.5 acres
Current Zoning: PDA Requested Zoning: PDA
Current Comprehensive Plan Land Use Designation: Mixed Use (MXD)
Existing Land Use: vacant Requested Land Use: Commercial (C)
Proposed Use(s) i.e. hotel, single family residence, etc.: N/A
Proposed Sq. Footage by Use: N/A
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable
N/A
Ale%
DO
FILE COPY
PLANNING & ZONING DIVISION
A
•
etition number:
ees
l pplication $ _
naineerina
•
•
FOR OFFICE USE ONLY
Date & Time Received:
Receipt Number:
Tate Annlication Comnletei
DO NOT REMOVF
FILE COPY
PLANNING & ZONING DIVISION
13w
V
y
C�
•
•
Owner:
Perigon Ventures, LLC
Applicant (if not Owner
Agent: URBAN DESIGN STUDIO
Agent's Mailing Address:2000 Palm Beach Lakes Blvd., Suite 600, West Palm Beach, FL 33409
Agent's Telephone Number: (561) 689 -0066 Fax Number: (561) 689 -0551
Architect: n/a
Engineer: Pinder Troutman Consulting, Inc.
Planner: URBAN DESIGN STUDIO
Landscape Architect:
Justification
Explanation:
Information concerning all requests (Attach additional sheets if needed)
{Section 118 -50, Submission Requirements, City Code of Ordinances)
1. Explain the nature of the request: We are requesting to redesignate approximately 13.5 acres
of land (Parcel 4.10) at the south Donald Ross Road and west of Central Boulevard from the
existing Future Land Use Plan designation of Mixed Use (MXD) to Commercial (C). The requested
Commercial Future Land Use Designation is consistent with the adjacent Commercial tract and the
commercially- oriented nature of this section of Donald Ross Road.
2. What will be the impact of the proposed change on the surrounding area?
The 13.5 acres requested to be redesignated from MXD to the Commercial Future Land Use category
is bounded by Commercially - designated property and a FPL substation to the north. To the west,
is a vacant piece of land with a zoning designation of PDA and a Future Land Use Designat onzff
.a
Residential Low (RL). To the south of the s_ub_ject_ site is a Northern Palm Beach 6untw,
DO NOT REMOVF
FILE COPY
PLANNING R 7nNrnir_ nr11TCTnni
•A
Improvement District canal. Across the NPBCID canal is the proposed liehted sports fields of Benjamin
School, which will be redesignated by the City, pursuant to the Comprehensive Plan requirements, as
a P/I Future Land Use Plan designation. The requested Commercial Future Land Use Designation is
consistent with the adjacent Commercial tract and the commercially- oriented nature of this section
of Donald Ross Road.
3. Describe how the rezoning request complies with the City's Vision Plan and the following
elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing,
Infirastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental
Coordination and Capital Improvement.
This is not a rezoning request. This is a request for a Future Land Use Plan amendment.
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 98 & Chapter 102, City Code)?
This will be addressed at the time of the submittal of a development application-for this parcel.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
106, City Code)?
This is not applicable with a Comprehensive Plan amendment.
4 DO NOT REMOVE
FILE COPY
PLANNING & ZONING DIVISION
9 Legal Description of the Subject Property
•
(Attach additional sheets if needed)
See attached deed for legal description.
Location
The subject property is located approximately 720 feet from the intersection of Donald Ross
Road and Central Boulevard , on the ❑ north, ❑ east, ❑ south, ® west side of Central
Boulevard Property Control Number(s) of the subject parcel(s):
• x..35;} -'
5 DO NOT REMOVF
FILE COPY
PLANNING & ZONING DIVISION
a
5615759730
TOWN OF,UPITER
July 5, 2001
Honorable Joseph Russo, Mayor
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410 -4698
Re: City's Proposed Amendments to its Comprehensive Plan
Dear Mayor Russo:
The Town Council has become aware that an applicant proposes to amend the
Palm Beach Garden's Comprehensive Plan to change the future land use of a 13.5 acre
parcel located at the intersection of Central Boulevard and Donald Ross Road from .mixed
use to commercial. Additionally, another application proposes to amend the City's
Comprehensive Plan to delete a portion of roadway, referenced in the notice as "no. 15"
from the City's Conceptual Thoroughfare Plan.
Regarding the first proposed change of land use, our initial reaction is to question
the compatibility of a change from mixed use to commercial, given our understanding that
the City's vision for this area has long been that this is an appropriate location for mixed
use and given its proximity and relationship to Abacoa. We would appreciate learning
more about the commercial uses the applicant is planning to develop on this parcel so that
we can evaluate its impact, if any, upon the Town.
In regards to the deletion of that portion of roadway no. 15, we question whether this
would be in keeping with the planning principals the City and Town agreed to at the City's
recently sponsored traffic summit While the FEC crossing may not occur, the option of
keeping the road accessible to the public, and creating additional linkages to this project
would be in keeping with the consensus of the participants of the traffic summit. As was
recognized at the summit, rather than deleting roads recognized by comprehensive plans,
local governments need to create additional connections. As this is not always easy or
popular, it is important that we as municipal officials support each other in such endeavors.
It is in this spirit that our comments are offered.
210 Military Trail a Jupiter, Florida 33458 • Phone (561) 746 -5134 • Fax (561) 575 -7785
x7/05/2001 15:27 5615759730 -
Honorable Joseph Russo, Mayor
July 5, 2001
Page 2
As you know, the Town and City entered into an Interlocal Agreement which
requires the City to submit "any proposed amendments ... for those lands on Donald Ross
Road ... so that the [Town) can review these proposals with existing Development Orders
and the _ .. Comprehensive Puns." While the Town is committed to working with the City,
we believe a postponement of the City's consideration of the two plan amendments
referenced herein and a continuation of the City's public hearing is necessary to ensure
compliance with the intergovernmental review processes which have been established
pursuant to the Interiocal Agreement and §163.3184, F.S. We also request that our staff
be provided with a complete application, including site plan and traffic studies and the data
and analyses the City staff proposes to submit to the Department of Community Affairs in
support of its plan amendments. Our Town's staff will make themselves available to meet
with the City staff as well as the applicant to gain a better understanding of the two
Comprehensive Plans amendments.
Sincerely,
Karen J. Golonka, Mayor
cc: Members of the Town Council
Karen T. Marcus, Palm Beach County Commissioner
Michael Busha, Treasure Coast Regional Planning Council
Charles Gautier, Department of Community Affairs
Ordinance 22, 2001
Prepared On: May 31, 2001
ORDINANCE 22, 2001 , ,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY
OF PALM BEACH GARDENS BY CHANGING THE LAND -USE
DESIGNATION ON APPROXIMATELY 13.5 ACRES OF LAND
LOCATED AT THE SOUTHWEST CORNER OF DONALD ROSS
ROAD AND CENTRAL BOULEVARD, FROM MIXED USE TO
COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (LU- 00 -07-
Ord) from Perigon Ventures, LLC to amend the land -use designation on approximately
13.5 acres of land located at the southwest corner of Donald Ross Road and Central
Boulevard, as more particularly described in Exhibit "A" attached hereto, from Mixed Use
to Commercial; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, the future land -use map amendment is internally consistent with the
City's Comprehensive Plan; and —
WHEREAS, the future land -use map amendment is consistent with Sections
163.3184 and 163.3187, Florida Statutes; and
WHEREAS, on May 8, 2001, the Planning and Zoning Commission, as the duly
constituted Local Planning Agency for the City, recommended approval of the future
land -use map amendment to the Comprehensive Plan of the City; and
WHEREAS, the City Council acknowledges that this future land -use map
amendment is subject to the provisions of Sections 163.3184(9) and 163.3189, Florida
Statutes, and that the City shall maintain compliance with all provisions thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Future Land Use Map of the Comprehensive Plan of tfie City is
hereby amended to change the future land -use designation on approximately 13.5 acres
of land located at the southwest corner of Donald Ross Road and Central Boulevard, as
more particularly described in Exhibit "A" attached hereto, from Mixed Use to Commercial.
•
•
Ordinance 22, 2001
Prepared On: May 31, 2001
SECTION 2. The City's Growth Management Director is hereby directed to
ensure that this ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and other agencies as required by Section
163.3184(3), Florida Statutes.
SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this
ordinance is for any reason held by the court to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of the ordinance.
SECTION 4. All ordinances or parts of ordinances previously adopted which are
in conflict herewith, are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall become effective in accordance with Section
163.3184(9), Florida Statutes.
PLACED ON FIRST READING THIS THE DAY OF 2001. —
PLACED ON SECOND READING THIS THE
PASSED AND ADOPTED THIS THE
MAYOR JOSEPH R. RUSSO
COUNCILMAN DAVID CLARK
DAY OF 2001.
DAY OF 2001.
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
2
A
Ordinance 22, 2001
Prepared On: May 31, 2001
ATTEST BY: APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CAROL GOLD, MMC CITY ATTORNEY
CITY CLERK
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO -
G:Talal /LU -00 -07 -Ord
•
•
�J
+5617443710 PATRICK GORDON P.A.
)+."IBIT A
LAND — LEGAL DESCRIPTION
Parcel 4.01
707 P10 FEB 02 '01 10:52
ORB 12213 Pa 177
A parcel of land lying in Section 25, Township 41 South, Range 42 East, Palm
Florida, and being more particularly described as follows:
&--glnzttng at the intersection of the South right of way line of Ross Road and the West
tight of a of Central Boulevard; thence South 00° 4 ' ' West, along said West right of
way line. (the W t of way line of Central BoWqqmM is assumed to bear South 00° 48' 04"
West and all other bear rn eferenced herein relative thereto), a distance of 491.30 feet;
thence South 00° 48' 04" West, .7c
c 347.64 feet to said right of way's intersection with
a non - tangent curve having a rad' orth 04° 41' 11" East, a radius of 840.06 feet,
and a central angle of 55° 1 '> thence proceed and Northerly along the arc of said
curve, a distance of . 4 feet to the end of said curve; South 89° 50' 06" Fast, a
distance of 223. eet; thence North 01° 20' 3T' East, a distance of feet; thence North
01" 20' 37" a distance of 65.43 feet; thence South 89" 50' 06" East, a dLS - of 436.80
feet to O1NT OF BEGINNING of the herein described parcel. LESS AND EX G
T ROM that certain right of way described in Official Records Book 9567, page
lic records of Palm Beach County, Florida.
parcel 4.10
A parcel of land sit— in Section 75, Township 41 South, Range 42 East, Palm Beach County,
Florida and being more particularly described as follows:
Commencing at the intersection of the South right of way line of Donald Ross Road and the
West right of way line of Centrat Boulevard; thence South 00° 48' 04" West, along said West
right of way line (the West right of way line of Central Boulevard is assumed to bear South 000
48' 04" West and all other bearings referenced herein are relative thereto), a distance of 838.94
feet to the POINT OF BFGINNING of the herein described parcel; Thence South 00° 48' 04"
West, a distance of 430.37 feet; thence North 89° 51' 04^ West, a distance of 973.93 feet to the
West line of said Section 25; dwace North 01 ° 20' 37" East, along said West line, a distance of
844 68 feet; thence South 89° 50' 06" East, a distance of 252.09 feet to a curve having a radial
bearing of North 59° 53' 13" East, a radius of 840.06 feet, and a central angle of 55° 12' 07".
Thence proceed along the arc of said curve, a distanne of 809.34 feet to the end of said curve to
the POINT OF BEGINNING of the herein described parcel.
.3
•
•
CITY OF PALM BEACH GARDENS ' '
CITY COUNCIL
Agenda Cover Memorandum
SUBJECT /AGENDA ITEM
Meeting Date: July 5, 2001
Prepared on: June 25, 2001
Public Hearing and First Reading of Ordinance 23, 2001, regarding an amendment to the
City's Comprehensive Plan that seeks to delete a roadway segment and a portion of
another from the City's Conceptual Thoroughfare Plan (Map O). Also, the request seeks
to delete a pedestrian link that traverses through Parcel 31.01 from the Conceptual
Linkage Plan (Map 1). The subject parcel is located at the north west corner of PGA
Boulevard (Blvd.) and Central Blvd. and is bounded to the west by the Florida Turnpike.
On June 21, 2001, the City Council continued the public hearing to July 5, 2001.
RECOMMENDATION
Staff recommends approval of Ordinance 23, 2001.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Mana ment
[ ] Approved
Finance NA
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res. NA
[ )Denied
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:6 /10/2001
[ ] Operating
• Ordinance 23, 2001
Paper: Palm Beach
[ ] Other
Staff Comments
Post
• Location Map
• Traffic Narrative
• Justification
Statement
[X] Required
Affected
Budget Acct. #::
• Letter from County
y:
1610a
e1'hen irector
parties
N
[ ] None
App
City Z�947r
Q Not Required
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: TXT -00 -05
Request:
Urban Design Studio, agent, is proposing map amendments to the City's
Comprehensive Plan. The amendment seeks to delete a roadway segment and a
portion of another from the City's Conceptual Thoroughfare Plan (Map O). Also, a
request to delete a pedestrian link that traverses through Parcel 31.01 from the
Conceptual Linkage Plan (Map 1). The two roadway segments are roadway #18,
Ballenlsles Drive extension north to 117'' Court North extension and a portion of
roadway #12, 1170' Court North, from the Turnpike to Central Boulevard (Blvd.). Both
roadways and the pedestrian link run through Parcel 31.01, which is proposed to be
developed as one Planned Community District (PCD) comprising several parcels. The
size of Parcel 31.01 is 470 acres.
BACKGROUND:
Parcel 31.01 is located along PGA Blvd. and is bounded by Central Blvd. to the east
and the Trunpike to the west. It will be combined with other parcels to form one unified
development of approximately 450 single - family residential homes. The parcel is
currently vacant and undeveloped. Parcel 31.01 is also subject to the Forbearance
Agreement executed by the City and affected property owners in 1999. The agreement
limits the density and intensity of this parcel to three (3) dwelling units per acre and a
maximum Floor Area Ratio (FAR) to 25 %.
The City's Traffic Engineer has recommended denial of the proposed deletion of both
roadway segments on grounds that these links divert traffic away from PGA Blvd. in the
future. Roadway #18, which runs north- south, would carry traffic from PGA to Roadway
#12, which runs east -west, and distributes traffic to Shady Lakes extension east of the
subject Parcel 31.01. Thus, serving as a reliever to PGA Blvd., which is operating
below the adopted LOS standard D. The recommendation made by the City's traffic
engineer is based on a narrative and that a traffic analysis of what is likely to occur and
the potential number of trips that could be diverted from PGA Blvd. to Roadway #12 or
Roadway #18 was not conducted.
Staff has considered the basis of the recommendation made by the City's Traffic
Engineer along with other factors, such as the actual function of the subject roadway
segments based on their configuration and length, the effects on the unified plan of
development of the proposed residential PCD, and the potential additional and
substantial property tax revenues to the City
First, the subject roadway segments proposed for deletion are meant to carry local
traffic, provide connectivity between individual parcels, and facilitate short trips. They
are not intended to carry large volumes of traffic or serve as relievers for PGA Blvd.
Their configuration and length support this argument (please see letter from County
Traffic Division attached). The length of Roadway #18 is approximately 4,000 feet and
Roadway #12 is one mile.
2
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: TXT -00 -05
The configuration of Roadway #12 starts at the Florida Turnpike at, the-western
boundary of Parcel 31.01 and ends approximately less than one mile east of the subject
parcel, from Central Blvd. to Shady Lakes extension (a residential community).
Roadway #12 could not be extended any further west because the Florida Turnpike
represents a physical barrier to any future extension westward. The fact that Roadway
#12 has been planned to pass through and connect individual private properties
indicates that the primary function of this road is to provide access and connectivity from
one parcel to another.
The configuration of Roadway #18 begins at PGA Blvd., at the southern boundary of
the subject parcel, and extends northward to Roadway #12, approximately the midpoint
of Parcel 31.01. Roadway #18 has been planned in its entirety to begin and end within
Parcel 31.01. It is clear that its primary function is to provide access to the parcels that
currently make up the larger parcel, Parcel 31.01, from PGA Blvd. If these roads were
intended as relievers for PGA Blvd., then their length and configurations would have
been planned as Hood and Donald Ross Roads'.
Furthermore, trips from PGA Blvd. on Roadway #18 that do not terminate at Parcel
31.01 would end up on Central Blvd. through the western portion of Roadway #12. If
both roadway segments were eliminated, then trips headed north would travel along
Central Blvd. directly from PGA Blvd. Regardless of whether the roadway segments are
eliminated or maintained such trips would be distributed to Central Blvd. within half a
mile from PGA Blvd. This is because they could not go west, but to Central Blvd., since
the Florida Turnpike serves as a barrier to the west, provided that the final destination
of such trips is other than the subject parcel. Thus, eliminating Roadways #18 and #12
does not alter this situation dictated by the configurations of the two roadways and the
Florida Turnpike.
Second, the justification for deleting the two roadways and the pedestrian link is
reasonable, since the subject parcel is planned to be combined with other parcels to
form one unified residential PCD. Currently, the roadways and the link bisect Parcel
31.01 nearly into two equal portions, which would disrupt the proposed master plan for
the PCD and may lead to generating through traffic within a residential community.
General city planning principles discourage through traffic in residential communities.
Third, the proposed residential PCD on Parcel 31.01 is a high scale development with a
projected sale price of at least one million dollars of a single - family residence. The
developer proposes to develop 450 residential units. The estimated additional property
tax revenues to the City from the proposed development is at least 1.7 million dollars
per year, according to the City's Finance Department.
Please note that none of the roadway segments proposed for deletion is part of the City
Center Linkages Plan. They are links reflected on the Conceptual Linkage Plan (Map 1)
and the Conceptual Thoroughfare Plan (Map O). Map I does not include roadways
within the City Center Linkages Plan. It is only for trailways and the parkway buffer
system along major thoroughfares within the City. However, Map O includes only one
3
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: TXT -00 -05
roadway that is part of the City Center Linkages Plan, which is Gardens - Parkway
located immediately north of Gardens Mall.
LEVEL OF SERVICE STANDARDS:
The applicant has provided a narrative traffic analysis to support the proposed
amendments. The information provided to staff indicates that the proposed
amendments do not adversely impact or lower the adopted Level of Service (LOS)
standards on potentially impacted roadways. The City's traffic engineer has not
indicated that the proposed amendments would result in lowering the adopted LOS
standards for roadways within the identified zone of potential impact.
NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee
(IPARC) has reviewed the proposed amendment and has raised no objections. Staff
has not received any objections nor adverse comments regarding this proposed
amendment from City residents as well.
LOCAL PLANNING AGENCY RECOMMENDATION:
On May 8, 2001, the Local Planning Agency (LPA) held a public hearing to consider the
subject petition and recommended approval with a vote of 6 -1.
STAFF COMMENTS:
The justification for the elimination is adequately justified and reasonable. The
provided information indicates that no negative impacts would result on other roadways
segments or pedestrian links. The segments or links proposed for elimination are not
part of the City Center Linkages Plan, and therefore do not affect the CRALLS
designation for PGA Blvd. sought by the City from Palm Beach County.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed amendments to the City's Conceptual
Thoroughfare Plan (Map O) and the Conceptual Linkage Plan (Map 1).
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LAND ,USE AMENDMENT & A�
.aPAR EL 31.01 TEXT AMENDMENT 7,117
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LOCATION MAP Date: December 11, 2000
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MEMORANDUM
To: Sean C. Donahue, P_&
rrDZ:lFr, Lev.
From: Maria M. Thera. P:E."r
Date: April 2, 2001
Subim Par W 31- Comprebamive Matt Amedment
-- -LL -
We. have reviewed a ComprebenOlve Plait Amendment rt'.qum for Parc431 prepared by Urban
lbtdVi Studio and watained in a letter dated Docember 15, 2001. trite latter includes the
foUowiag request-
a. Deletion of future roadway 18 and a portian•af future roadway 12 from the City's
Conoaptwl Tboagttg>shtr�e Plan
b.' Removal 61 a link from the City's Conceptual 1!* W* Plan
c. RbdealV ata aWoUntely 80.5 was of had in the Future Lod Use PUn from
Mixed Use (MXD) to ResidcntW i41i
We have evaluatod daoh Swett separately and our comments Now.
Deletiee of future rnadwav 19 2nd it eordan of 12 from the Cencentwd Thoroui hfa„e P12n
Kimlcy Hon+ and Associates prepu ed'a report tinted Dm--Amber 2M VAddt contains tt traffic
analysis lo support The pmpow d dcktioas of roadWAys from the Comeptual Thoroghfhm Plan.
Tbwm# m No. 12 is planned to run estst/wen from Florida's Turnpike to Shady L4=
extension, while Thoroughfare No. 18 is planned to tun nottii/south from Sallenbles Drive
connecting with 7`howv gbhn No. 12.
Based on Policy 2.1.2.3 of *e Clty's Cornprahensive Flan, the Con6towat Thoroughfare Plan wu
• implealanmdro:
"Ensuri this there is a natwMk of public streev to efficiently trove frame
within the City and scree as a backup system to the County thamughfart;
roads. "
APR 05 2001
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•
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GENT BY: HP LAAERJET 315G; 5817994281; APR -5 -01 9:50Att; PAGE 314
a -6-201 18:2eAN FPW MTP G%I P INe We FL +1 661 796223O P. 3
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$w C OM6111n, p E•
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pw;ei 31- caetmhsw Plan /y t
A" 2.2001
NO2d3
xin sy Horn report indicates wa iw met the intent otdw Ciry'a CmmptuW Thole+ouglrfan Plan.
We d1Q9M with this stuemellt. The report iodates on -,rite roadways will be provided which
will lem Patvel 31 genaratod traffic. However. through wMe will not be allowed. peledon
of thw roads from the thotnuah6rre plau wilt have as impacx oa future traffic patterns in the
surrounding roadway network. Theirefmc, not meadng the latent of the Compseltensive Plan
Policy 2.1.2.3.
We agree chit *8 section Of Theron jhhm No. 12 between Thorooshfue No- 18 to then Florida's
Tmpllm will only serve Parer131 ap►aatod traffic since these arc no plans to eattead this read
to the west. Funh moM Florida's Tumptilm uta Bice a barrier eoattolling Mt= mitensim of
this sad. Howam, both Themughfam No. 19 and No. 12 to tlta east arc ltle ly, to have a
z1oficant impact on divcifmg Uffm from PGA Boulevard.
There is a significant amount of dov0opment rowdy approved and yes to be approved in the
City. 'fie majority of these developumts will ltava traffia impact on •PQA Botllavard. Ibis
roadway Is p vdeotat to carat' kqo voluma of tptlic, in may soctions es —!ink the adopted
level of services. Any opportunities to divat traffic to other roads should be given proper
co+sideration. Roadways in the City's Conceptual 71horougbfart: Plant which provides this
opporwnity should not be deleted.
Wd mommsad that both 7W#mvSjfstro No. 12 dW 18*xoe be deldcd /Mo the CRY's
Coacrptntal T>4tor ulAfan 1P o w(tb rhs sscsptfon 4f She rfg»ttN gfAorov ^&M•No. 12
between the f dA&'1 rampik dad 7'btMONAM No. IB wuh may be delersd Witold
ddKtaraW kNw fa JMAM b4opwifte is & swrou4 ft roadwgy maw #*
Removal 4f a link from the t3itv's Nflwetual Unlat Plan
The~ Fgosed amendment includes ddedott of a pedestrian link wWch traverses through P2reel
31.01. 71t n is rA ntap indiatdng the location of" link being peddoned for deMon. IV City
should consider the following issues before taaUng a dete ntinwtion to deloto the eequeftd link.
a: Pedestrian HrM in the City have not bra primarily used as a mean of
transportation. Pedestrian links are used mainly for recreatiastal advidas or
awake. However, this trend eery changes in tho hMn as traffic 1swrea m. in
adjacent roadways.
b. ' Pedestrian links otfca a way of satisfying short lertP trips without the use of tbo
automobile. As snore trips are satisfied by pedestrian firths, trailla volume are
retuad ham the k<—nt roadway system.
c. • Tho mom pndmstrim 1hAm aye bout to the City else more use ttrcy will get. They
also provide connection between adjacent land um.
GENT BY: NP lA6ER.f ET 9150`; rR n" , 5817A94281; ..,. v APR-6.6i MUM;
4-V&-201 10: 21 AM FRS ► Cam" INC WFG FL +1 661 7960230
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P. 4
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RA&W#A2fA anerosimsrAv 90.S aems_of land is the Putim" i'nd rise Pfan from Mivesd Um
06M) to Residrrtial Hi h-fRHl -- - -
XWey Ham and Associates preWed a byflic mWysiz d&W Daoaei w 18.2004 which oontsiAS
a eompuison of trip geaeratioo for the pardon of Pa" 31 under eansidersbon for a land use
plsn ameatdment.
Mm traffic analysis show; dmt the proposed RcsidentW high land use Ivy the potantiat al of
goaefAdA# glaifwmdy tau traffic thzt the currant load use dedgmdon of Kwed Use. We sgm
with this eonWusion.
We hope Viejo comments aWmq your moems. • Should you pave. a4&WvW questions, pleat
da notbtiUue to tAvC to a,cWl.st (561) 74S -0678.
CPP OK wow 7'i :AC
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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
arol A. Roberts. Vice Chair
Karen T. Marcus
•
Mary McCarty
Burt Aaronson
Tony Masilotti
Addie L Greene
County Administrator
Robert Weisman
-An Equal Opportunity
Affirmative Action Employer'
sue
•
May 8, 2001
Mr. Talal Benthman
Growth Management Department
City of Palm Beach Garden
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: DELETION OF ROADWAYS
Dear Mr. Benthman:
Via Fax: 799 -4281
It has been brought to the attention of the Palm Beach County Traffic Division
that the City of Palm Beach Gardens is proposing the deletion of two
roadways from its Thoroughfare Plan. Please consider the following
comments regarding these two roadways.
One roadway is identified as being located in Parcel 4.06. 1 assume that this
is Parcel 4.03/4.06 as identified in the Palm Beach Gardens CRALLS study.
The parcel is bounded on the north by Donald Ross Road, on the east by
Alternate A1A, on the south by Hood Road, and on the west by Military Trail.
We realize that permitting a new crossing at the FEC Railroad is unlikely, and
for this reason, we do not object to the elimination of an access onto Alternate
A1A. However, we suggest that the project maintain the proposed access
points on Donald Ross Road and Hood Road, and that the access on Military
Trail align with the proposed Thoroughfare Roadway on the west side of
Military Trail, so that project traffic can be dispersed.
The other roadway is identified as being located in Parcel 31.01.1 assume
that this is Parcel 31A as identified in the Palm Beach Gardens CRALLS
study. The parcel is bounded on the north by an existing townhouse
development, on the east by Central Boulevard, on the south by PGA
Boulevard, and on the west by the Florida Turnpike. We believe that this
roadway will provide little diversion form the major roadways, and for this
reason, we do not object to its elimination as a future public roadway.
However, we suggest that the project maintain the proposed access points on
Central Boulevard and PGA Boulevard be maintained so that project traffic
can be dispersed.
Sincerely,
OFICE OF THE COUNTY ENGINEER
.51i,
Dan Weisberg, P.E.
Assistant Director - Traffic Division
cc: Comm. Karen Marcus, Commissioner - District 1
George T. Webb, P.E., County Engineer
Frank Duke, Director - Planning Division
File: Mun - City of Palm Beach Gardens
F:\TRAFFIC\DIW\Pauia\PBG4.06-3l.l.wpd
1Gmley -Horn
and Associates, Inc.
INTRODUCTION
According to the Conceptual Thoroughfare Plan, Map 2 -5 in the City's
Comprehensive Plan, there are two thoroughfares that run through Parcel 31 in
the northwest quadrant of PGA Boulevard and Central Boulevard:
■ Thoroughfare No. 12 — 117th Court North extension from Florida's
Turnpike to Shady Lakes extension.
■ Thoroughfare No. 18 — Ballenlsles Drive extension north to 117th Court
North extension (also known as Thoroughfare No. 12).
s
See Figure 1, which is a copy of a map from the Comprehensive Plan.
•
In accordance with Policy 2.1.2.3 of the Comprehensive Plan, the City of Palm
Beach Gardens implemented the Conceptual Thoroughfare Plan to:
Ensure that there is an adequate network of public streets to efficiently
move traffic within the City and serve as a backup system to the County
thoroughfare roads. ,
This analysis is prepared in support of eliminating the section of Thoroughfare
No. 12 west of Central Boulevard and all of Thoroughfare No. 18 from the Plan.
P: \0406\55000\Parcel 31 Comp Plan \1200.doc PM
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FIGURE 1
COMPREHENSIVE PLAN AMENDMENT
CITY'S THOROUGHFARE PLAN
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PURPOSE OF THOROUGHFARES
The County Thoroughfare roads in the area are PGA Boulevard and Central
Boulevard. Both are multi -lane divided arterials planned to carry long trip
lengths throughout the area.
City Thoroughfares No. 12 and 18 are meant to carry local traffic on short trips.
They are not meant to carry large amounts of through traffic, and their
configuration supports this.
Thoroughfare No. 12 is only planned to be approximately one mile long with no
potential for extending it because:
■ It starts at Florida's Turnpike but it is not planned to cross the Turnpike
and there is no complimentary thoroughfare west of the Turnpike on the
Golf Digest project.
■ It runs east past the schools to where it serves the City's tennis center
and terminates at the Shady Lakes extension.
Thoroughfare No. 18 is only planned to be approximately 4,000 feet long
because:
• It is planned start at PGA Boulevard and be an extension of BallenIsles
Drive (which is not a City Thoroughfare).
• It is planned to terminate at the 117th Court North extension (which is
also known as Thoroughfare No. 12).
Clearly these two City Thoroughfares are meant for local traffic and short trips.
P_ 04o6\ss000Tarccl 31 Corrq) Plan \1200.doc Pam
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C= Kimley -Horn
. =F1 and Associates, Inc.
L'
IMPLEMENTATION OF
THOROUGHFARE PLANS
According to Policy 2.1.2.3 of the Comprehensive Plan:
Actual alignments for these public roadways will be established as a part
of the development review process.
The site planning done for Parcel 31incorporates on -site roadways consistent
with the City's Thoroughfare.
■ An entrance is planned directly opposite BallenIsles Drive serving a
street that runs north into the project serving the residents who live there.
■ Another connection is planned on Central Boulevard serving the club
house and golf amenities of the project, as well as the residential areas.
In this way, the function of Thoroughfares No. 12 and 18 has been provided.
Local traffic to and from Parcel 31 is served by being able to access both PGA
Boulevard and Central Boulevard via a continuous roadway through the site.
Therefore, WCI has met the intent of the City's Conceptual Thoroughfare Plan.
The absence of a public roadway within Parcel 31 will not adversely impact the
arterial network because of the inability to cross the Turnpike. Internal
circulation roads will allow efficient and convenient circulation to these arterial
roadways without impacting them with unnecessary local traffic movements.
P:\0406\55000\Pareel 31 Comp Plan \1200.doc Pa=
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C � ❑ Kimley -Horn
and Associates, Inc.
TRAFFIC ANALYSIS
What is called Parcel 31 in this analysis is bounded by PGA Boulevard to the
south, Central Boulevard to the east and Interstate 95 to the north and east. This
area actually encompasses three parcels as defined by the McArthur Foundation.
The current Future Land Use Plan (FLUP) for these three parcels allows the
following:
• Parcel 31.01 - 4,229 dwelling units (RM at 9 du/acre)
• Parcel 31.10 - 746 dwelling units (RH at 12 du/acres)
• Parcel 31.11 — approximately 445,000 square feet of commercial space and
182 dwelling units (MOM at 15 du/acre).
Based on the traffic generation analysis presented in the Appendix this land use
mix would generate in excess of 40,000 daily trips to the roadway network.
The plan for Parcel 31 is a private golf course community with 450 single family
homes arranged around a golf course. This would generate only 4,500 daily trips.
The need for City Thoroughfares is significantly different in the two scenarios
identified above. The dense multi -use development plan would require a network
of local streets to support it. The very low density single family golf course
project does not.
P:\0406\55000\Parcel 31 Comp Plan \1200.doc
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and Associates, Inc.
CONCLUSION
Therefore, the absence of public roadways (Thoroughfares No. 12 and 18) within
the Parcel 31 project will not adversely impact the arterial network.
P:\0406\55000\Parcel 31 Comp Plan \1200.doc Pa
4
APPENDIX
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Kimley -Horn
and Associates, Inc.
APPENDIX
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Kimley -Horn
and Associates, Inc.
14artmmhd1 WvYect %o"W4ffU5000*rcd31 comp plaa tgarcompik] 121I3i0013.50
Copyright m 2000, Klmley-Hom and Associates, lim
TABLE 1
PARCEL 31
TRIP GENERATION COMPARISON
Daily
AM Peak Hour
PM Peak Hour
Total
In
Out
Total
I In
I Out
Land Use
Intensity
Trips
Alternative A
Multi Family Residential
5,175 d.u.
36,225
2,575
412
2,163
2,818
1,888
930
Commercial Retail
445,000 s.f.
17.967
389
237
152
1,682
807
875
Subtotal
54,192
2,964
649
2,315
4,500
2,695
1,805
Internal Capture
Residential to Retail
100 /o
7,245
78
39
39
564
282
282
Pass -by
Commercial Retail
35.09%
5,033
123
76
47
491
234
257
Net New External
41,914
2,763
534
2,229
3,445
2,179
1,266
Alternative B
Single Family Detached
450 units
4,500
324
81
243
416
266
150
Net New External
4,500
324
81
243
416
266
150
Note: Trip generation was calculated using the following data:
Daily Traffic Generation
Multi Family Residential
[P.B.C.] =
T = 7 trips per d.u.
Commercial Retail
[P.B.C.] =
Ln(T) = 0.625' Ln(X) + 5.985
Single Family Detached
[P.B.C.] =
T = 10 trips per d.u.
AM Peak Hour Traffic Generation
Multi Family Residential
[ITE 220] =
T = 0.497 (X) + 3.238; (16% in, 840% out)
Commercial Retail
[ITE 820] =
Ln(T) = 0.596 • Ln(X) + 2.329; (61% in, 39% out)
Single Family Detached
[ITE 210] =
T = 0.700 (X) + 9.477; (25% in, 75% out)
PM Peak Hour Traffic Generation
Multi Family Residential
[ITE 220] =
T = 0.541(X) + 18.743; (67% in, 33% out)
Commercial Retail
[ITE 820] =
LnM = 0.660' Ln(X) + 3.403; (48% in, 52% out)
Single Family Detached
[ITE 210] =
Ln(T) = 0.901 • Ln(X) + 0.527; (64% in, 360% out)
14artmmhd1 WvYect %o"W4ffU5000*rcd31 comp plaa tgarcompik] 121I3i0013.50
Copyright m 2000, Klmley-Hom and Associates, lim
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 775 -8295 Fax (561) 775 -1014
Request
• Planned Community Development (PCD)
• Planned Unit Development (PUD)
• Amendment to PCD, PUD or Site Plan
• Conditional Use
• Amendment to the Comprehensive Plan
• Other (Explain)
❑ Annexation
❑ Rezoning
❑ Site Plan Review
❑ Concurrency Certificate
❑ Time Extension
Project Name: Parcels 1.11 Comprehensive Plan Future Land Use Plan Amendment
is Parcel 31.01 TQt Amendments
Date: December 11, 2000
Site Information:
General Location: Northeast and Northwest corner of Central Boulevard and Interstate 95
Address: See above.
Township: 41S & (42S) Section: 35, 36 & (2) Range: 42E
Acreage: 651 acres
Current Zoning: PDA Requested Zoning: PCD (per concurrent petition)
Current Comprehensive Plan Land Use Designation: Mixed Use, Residential Medium
Existing Land Use: Vacant Requested Land Use: Residential /Golf
Proposed Use(s) i.e. hotel, single family residence, etc.: N/A
<.
Proposed Sq. Footage by Use:
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
N/A
239
•
U-.�
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etition number:
ees
I npplication ineerinp
FOR OFFICE USE ONLY
Date & Time Received
Receipt Number:
Date. Annlication C'.omnlete-
2
:.
r
•
•
Owner: Communities Finance Company, a subsidiary of Watermark Communities, Inc.
Applicant (if not Owner):
Agent: URBAN DESIGN STUDIO
Agent's Mailing Address: 2000 Palm Beach Lakes Blvd., Suite 600, West Palm Beach, FL 33409
Agent's Telephone Number: (561) 689 -0066 Fax Numben.(561) 689 -0551
Architect: N/A
Engineer:, Kimley -Horn and Associates
Planner: Urban Design Studio
Landscape Architect: N/A
Justification
Explanation:
Information concerning all requests (Attach additional sheets if needed)
{Section 118 -50, Submission Requirements, City Code of Ordinances}
1. Explain the nature of the request: We are requesting to redesignate approximately 80.52 acres
of land (Parcels 31.08 and 31.11) at the northeast and northwest corners of Central Boulevard and
Interstate 95 from the existing Future Land Use Plan designation of Mixed Use (MXD) to
Residential High (RH). In addition, we are requesting the deletion of fiiture roadway #18 and a
section of future roadway #12, from Florida's Turnpike to Central Boulevard, from the City's
Conceptual Thoroughfare Plan (Map 0). We are also seeking the deletion of a pedestrian linkage
which traverses through Parcel 31.01 from the City's Conceptual Linkage Plan. These amendments
Are requested in order to process a development application to provide for a low density, single -
family, private golf course community within the City of Palm Beach Gardens. This project will be
made up of Parcels 31.01, 31.08, 31.10, 31.11 and 31.12, hereby referenced as Parcel 31 Golf
3
0 . Community, and consist of 450 single family homes on approximately 651 acres.
2. What will be the impact of the proposed change on the surrounding area? ,
For the requested Future Land Use Plan Amendment for the redesignation of two MXD parcels to
RH, the subject 80.52 acres is bounded on the southern and western boundaries by vacant lands with
the Residential High (RH) Future Land Use designation. The proposed Residential High Future
Land Use designation will be consistent with the surrounding land use designations. On the northern
and eastern boundary of the subject site is Interstate 95. It should be noted that the subject site, as
well as the remaining portion of the Parcel 31 Golf Community site, is planned to be a high -end golf
course community. Because the proposed development is much less than what is allowed under the
current Future Land Use designation and the proposed Future Land Use designation, the overall
impacts on public facilities and services will be less than what was anticipated under the City's
Comprehensive Plan. The proposed development of the Parcel 31 Golf Community as a golf course
community is consistent with the traditional and preferred development residential pattern in the
City.
For the requested Comprehensive Plan Text Amendment, we are requesting the deletion of the
section of the future east/west road #12 from Florida's Turnpike to Central Boulevard and all of
future roadway #18 on Map O of the Comprehensive Plan. This request is being made as the site
which is to be bisected by these roadways is proposed to be a low density, single family, golf course
community. As an exclusive community, there is a desire to control the access to the site, similar
to the adjacent BallenIsles community. If Parcel 31.01 was to be divided up into multiple tracts with
multiple owners, the subject future public roadways may be desirable. Because all of the Parcel 31
Golf Community is proposed to be owned and developed by one entity, there is no public benefit
in providing public access through this single neighborhood project. There will be numerous access
4
points to the project, . which will include access points on PGA Boulevard and Central Boulevard.
'There will also be a private roadway network which will service the future golf course community.
Also, the concurrent request to change the Future Land Use designations on the adjacent Parcels
31.08 and 31.11 from Mixed Use to Residential High will reduce the possible traffic impact that
could be created on the Parcel 31 South site. The request to eliminate the pedestrian link within
Parcel 31.01 from the Conceptual Linkage Plan is consistent with the desire to provide a private golf
course community. Additional pedestrian linkages will be provided as part of the parkway program
along PGA Boulevard and Central Boulevard.
3. Describe how the rezoning request complies with the City's Vision Plan and the following
elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental
Coordination and Capital Improvement.
0 This is not a request for rezoning.
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 98 & Chapter 102, City Code)?
This request for a Comprehensive Plan amendment and it is not applicable to City's natural
- preservation regulations.
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
106, City Code)?
Not applicable.
C
J
V�.
y'
0'/05/2001 THU 16:20 FAX 355 6094 R. MARCUS WPB Q002
Board of County Commissioners
Warren IL Newell. Chairman
Carol & Roberts, Vice Chair
Haven T. Marcus
Mary McCarty
Burt Aaronson
'ibny MasAottl
Addie L, Greene
July 5, 2001
The Honorable Joe Russo, Mayor
and City Council Members
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410 -4698
Dear Mayor Russo and Council Members:
County Adadnisuntor
Robert Weisman
I understand that the City Council will be discussing several land use
amendments at tonight'S Council meeting. I would like to take this opportunity to
express my concerns in general about the proposed land use amendments and to
request you consider a postponement of two specific land use amendments.
In general, the proposed land use amendments appear to go against the
consensus reached atthe traffic summitto support connectivity as one of our main
goals in Northern Palm Beach County. The participants at the traffic summit agreed
that instead of deleting roads, local governments should be creating additional
connections. Another objective reached at the traffic summit was to havt_! better
intergovernmental coordination among the cities in Northern Palm Beach county.
As you know, elected officials and staff from the north county municipalities met
last month to discuss mutual concerns and another meeting has been scheduled for
July 23'. A postponement would allow us more time to discuss how these Issues
affect the cities In North County.
Specifically, I understand you will consider the deletion of three roac!ways in
two of the amendments, Ordinance 23, 2001 and Ordinance 24, 2001. I feel it is
important to keep options open, particularly at a time when traffic is on(I of the
most Important issues facing North County.
"An Equal opportunity Affirmative Action Employer"
P.O. Box 1989 West pal— Beach, Florida 33402 -1989 (561) 355 -2001 pax: (561) 355 -3990
.6a P&lMd on recyded paper www.pbcgov.com
07/05/2001 17HU 16:20 FAX 355 6094 R. MARCUS WPB
Thank you for your consideration.
?n M'arcus
m
y ommissioner
KTM /cld
Mr. Ron Ferris, City Manager
Mr. Charles Wu, Growth Management Director
[a 003
Ordinance 23, 2001
Prepared On: May 31, 2001
ORDINANCE 23, 2001 ,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY
OF PALM BEACH GARDENS BY DELETING ROADWAYS #18
AND #12 FROM THE CONCEPTUAL THOROUGHFARE PLAN
AND A PARKWAY LINK FROM THE CONCEPTUAL LINKAGE
PLAN THAT TRAVERSES THROUGH PARCEL 31.01 LOCATED
AT THE NORTHWEST CORNER OF PGA BOULEVARD AND
CENTRAL BOULEVARD; PROVIDING FOR TRANSMITTAL TO
THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (TXT- 00 -05-
Ord) from Communities Finance Company, LLC to delete Roadways #12 and #18 from
the Conceptual Thoroughfare Plan and a parkway link from the Conceptual Linkage Plan
that traverses through Parcel 31.01, located at the northwest corner of PGA Boulevard
and Central Boulevard; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, the subject amendment is internally consistent with the- City's
Comprehensive Plan; and
WHEREAS, the subject amendment is consistent with Sections 163.3184 and
163.3187, Florida Statutes; and
WHEREAS, on May 8, 2001, the Planning and Zoning Commission, as the duly
constituted Local Planning Agency for the City, recommended approval of the subject
amendment to the Comprehensive Plan of the City; and
WHEREAS, the City Council acknowledges that this amendment is subject to the
provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City shall
maintain compliance with all provisions thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Conceptual Thoroughfare Plan and the Conceptual Linkage Plan
of the City's Comprehensive Plan are hereby amended to delete Roadways #12 and #18
from the Conceptual Thoroughfare Plan and a parkway link from the Conceptual Linkage
•
•
Ordinance 23, 2001
Prepared On: May 31, 2001
Plan that traverses through Parcel 31.01 located at the northwest comer of PGA Boulevard
and Central Boulevard. -
SECTION 2. The City's Growth Management Director is hereby directed to
ensure that this ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and other agencies as required by Section
163.3184(3), Florida Statutes.
SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this
ordinance is for any reason held by the court to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of the ordinance.
SECTION 4. All ordinances or parts of ordinances previously adopted which are
in conflict herewith, are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall become effective in accordance with Section
163.3184(9), Florida Statutes.
PLACED ON FIRST READING THIS THE DAY OF 2001.
PLACED ON SECOND READING THIS THE DAY OF 2001.
PASSED AND ADOPTED THIS THE DAY OF
MAYOR JOSEPH R. RUSSO
COUNCILMAN DAVID CLARK
2001.
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
2
•
ATTEST BY:
CAROL GOLD, MMC
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
G:Talai/TXT- 00- 05-Ord
Ordinance 23, 2001
Prepared On: May 31, 2001
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
AYE NAY ABSENT
3
r
•
CITY OF PALM BEACH GARDENS '
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: July 5, 2001
Prepared on: June 25, 2001
SUBJECT /AGENDA ITEM
Public Hearing and First Reading of Ordinance 24, 2001, regarding a proposed
amendment to the City's Comprehensive Plan to delete a portion of roadway segment
from the City's Conceptual Thoroughfare Plan (Map O). This future link is planned to run
east/west through Parcel 4.06, which is bounded by Hood Road to the south, the Alt. A -1-
A to the east, Military Trail to the west, and Donald Ross Road to the north. On June 21,
2001, the City Council continued the public hearing to July 5, 2001.
RECOMMENDATION
0 Staff recommends approval of Ordinance 24, 2001.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
City Attorney
Growth Management
Total
[ ] Approved
Finance NA
$
( ] Approved w/
ACM
Current FY
conditions
Human Res. NA
[ ] Denied
Other NA
Advertised:
Funding Source:
[ J Continued to:
Attachments:
Date:6 /10/ 2001
( ) Operating
Paper: Palm Beach
( ] Other
• Ordinance 24, 2001
Map O
Post
Location Map
• Justification
Statement
• Letter from County
riitttted by:
[X] Required
~
Wl management
Affected parties
Affected
Budget Acct. #::
Director
[X Notified
[ ]None
App
City an er
a Not Required
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: TXT -00 -06
Request: '
Urban Design Studio, agent, is proposing a large -scale amendment to the City's
Comprehensive Plan. The amendment seeks to delete a portion of roadway #15 from
the City's Conceptual Thoroughfare Plan (Map O). The segment is proposed to be
deleted from Military Trail to Alt. A -1 -A. This future link is planned to run east/west
through Parcel 4.06 and bisects the parcel into two portions. Parcel 4.06 is also
subject to the Forbearance Agreement executed by the City and affected property
owners in 1999. The agreement limits the density of this parcel to three (3) units per
acre. The size of the parcel is 266 acres.
BACKGROUND:
The subject parcel is proposed to be developed as a 266 -acre residential Planned
Community District (PCD) and is currently vacant and undeveloped. It is bounded by
Hood Road to the south, the Alt. A -1 -A to the east, Military Trail to the west, and
Donald Ross Road to the north.
The proposed segment for deletion is intended to provide a future east/west connection
between Alt. A-1 -A and Military Trail.
The justification for proposing to delete the future segment is reasonable. The
petitioner intends to develop Parcel 4.06 as one unified residential PCD with most of
the amenities proposed on site located in the southern portion of the parcel. The
subject future segment would bisect the site and isolate the northern portion of the
development from the southern one and necessitate potential residents to cross a
public road in order to access the rest of the development to the south.
The subject, future roadway segment proposed for elimination is not part of and does
not directly affect the City's Center Linkages Plan. The subject segment is reflected on
the Conceptual Thoroughfare Plan (Map O). Map O includes only one roadway that is
part of the City Center Linkages Plan, which is Gardens Parkway located immediately
north of Gardens Mall.
LEVEL OF SERVICE STANDARDS:
The applicant has provided a traffic analysis in support of the proposed amendment.
The analysis appears to demonstrate that the proposed elimination of the future
segment does not adversely impact or lower the adopted Level of Service (LOS)
standards on any other roadway segment within the City's transportation network.
Preliminary review of the traffic analysis. indicates that the proposed elimination of the
future segment does not negatively affect or lower the LOS of any segment within the
City's transportation network, according to the information submitted to staff. The City's
Traffic Engineer has not raised an objection to the amendment.
2
City Council
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
Petition: TXT -00-06
NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS:
The Palm Beach County Intergovernmental Plan Amendment Review Committee
(IPARC) has reviewed the proposed amendment and has raised no objections. Staff
has not received any objections or adverse comments regarding this proposed
amendment from any City residents as well.
LOCAL PLANNING AGENCY RECOMMENDATION:
On May 8, 2001, the Local Planning Agency (LPA) held a public hearing to consider the
subject petition and recommended approval with a vote of 6 -1.
STAFF COMMENTS:
The justification for the elimination is reasonable and acceptable, since the Florida East
Coast Railroad (FEC) is not likely to grant a permit for a railroad crossing on Roadway
#15. Palm Beach Traffic Division concurs with this conclusion (please see attachment).
The proposed amendment appears to be supported by adequate data and analysis.
STAFF RECOMMENDATION:
Staff recommends approval for the proposed elimination of a portion of Roadway #15
from the City's Conceptual Thoroughfare Plan (Map O).
G:Ta1aI1TXT- 00- 06 -str1
•
3
.,
H-
ISO 04:1
14
Dms-
Subject Road ay
fY ` :..
0
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1K
JC7 M.J - - ------- -----
'a
Map 0 —Make fiever
Conceptual Thoroughfare Plan
City of Pal- Bca& Cmdm -m- soulup- qty ■cus CkavAh Minag-10d
0-9250&*
Palm Beach Q=W, Flmi& 'SEW Blue Ribbon Committee -12/21 195
4111V men= Rmood Dom, 1"7 - update &K 2-00
=#adYA=*Division Revised per Anmadzuent 15:1-00-02 10-00
4AC�I C
� DG2
. May 8, 2001 c,
0
O Mr. Talal Benthman
LRI \•. • ��?
Growth Management Department �� Q�F ec
City of Palm Beach Garden
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Department of Engineering
and Public Works
RE: DELETION OF ROADWAYS Via Fax: 799 -4281
P.O. Box 21229
West Palm Beach, FL 33416 -1229
Dear Mr. Benthman:
(561) 684 -4000
It has been brought to the attention of the Palm Beach County Traffic Division
www.pbcgov.com
that the City of Palm Beach Gardens is proposing the deletion of two
roadways from its Thoroughfare Plan. Please consider the following
comments regarding these two roadways.
■
One roadway is identified as being located in _Parcel 4.06.E 1 assume that this
is Parcel 4.03/4.06 as identified in the Palm Beach Gardens CRALLS study.
Palm Beach County
The parcel is bounded on the north by Donald Ross Road, on the east by
Bow of County
Alternate A1A, on the south by Hood Road, and on the west by Military Trail.
commissioners
We realize that permitting a new crossing at the FEC Railroad is unlikely, and
Warren H. Newell, Chairman
for this reason, we do not object to the elimination of an access onto Alternate
A1A. However, we suggest that the project maintain the proposed access
arol A Roberts, Vice Chair
points on Donald Ross Road and Hood Road, and that the access on Military
Karen T Marcus
Trail align with the proposed Thoroughfare Roadway on the west side of
Military Trail, so that project traffic can be dispersed.
Mary McCarty
Burt Aaronson
The other roadway is identified as being located in Parcel 31.01. 1 assume
that this is Parcel 31A as identified in the Palm Beach Gardens CRALLS
Tbny Masiloui
study. The parcel is bounded on the north by an existing townhouse
Addie L. Greene
development, on the east by Central Boulevard, on the south by PGA
Boulevard, and on the west by the Florida Turnpike. We believe that this
roadway will provide little diversion form the major roadways, and for this
reason, we do not object to its elimination as a future public roadway.
However, we suggest that the project maintain the proposed access points on
County Administrator
Central Boulevard and PGA Boulevard be maintained so that project traffic
can be dispersed.
Robert Weisman
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Dan Weisberg, P.E.
Assistant Director - Traffic Division
cc: Comm. Karen Marcus, Commissioner - District 1
George T. Webb, P.E., County Engineer
Frank Duke, Director - Planning Division
An Equal Oppormnity File: Mun -City of Palm Beach Gardens
Affirmative Action Employer- F:\ TRAFFIC\DIW \Paula\PBG4.06- 31.1.wpd
—4.h -f . rorw. IM na ,
CI'T'Y OF PALM BEACH GARDENS
DEVELOPWNT APPLICATION
Planning and Zoning Division
Growth Management Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 775 -8295 Fax (561) 775 -1014
Request
• Planned Community Development (PCD)
• Planned Unit Development (PUD)
• Amendment to PCD, PUD or Site Plan
❑ Conditional Use
® Amendment to the Comprehensive Plan
❑ Other (Explain)
❑ Annexation
❑ Rezoning
❑ Site Plan Review
❑ Concurrency Certificate
❑ Time Extension
Project Name: Conceptual Thoroughfare Plan Amendment at Parcel 4.06
Date: December 18. 2000
Site Information:
General Location: East of Military Trail, South of Donald Ross Road and north of Hood Road
Address: See above.
Township: 41 S
Acreage: N/A
Current Zoning: PDA
Section: 25 Range: 42E
Requested Zoning: • PCD (per concurrent petition)
Current Comprehensive Plan Land Use Designation: Residential Medium
Existing Land Use: Vacant Requested Land Use: Residential
Proposed Use(s) i.e. hotel, single family residence, etc.: N/A
Proposed Sq. Footage by Use:
Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable):
N/A `.
FOR OFFICE USE ONLY
etition number: Date & Time
Pees
pplication $ Receipt Number:
Dsfe Annlic2finfl f.pTnplf-.te-,-
2
'Re6eived
&,� 05
'o�
4
•
Owner: Communities Finance Company, LLC
Applicant (if not Owner):
Agent: URBAN DESIGN STUDIO
Agent's Mailing Address: 2000 Palm Beach Lakes Blvd., Suite 600, West Palm Beach. FL 33409
Agent's Telephone Number: (561) 689 -0066 Fax Number: (561) 689 -0551
Architect: N/A
Engineer: Kimley -Horn and Associates
Planner: Urban Design Studio
Landscape Architect: N/A
Justification
Explanation:
Information concerning all requests (Attach additional sheets if needed)
f Section 118 -50, Submission Requirements, City Code of Ordinances}
1. Explain the nature of the request: This request is to modify the Conceptual Thoroughfare
Plan (Map O) and the accompanying table in the City's Comprehensive Plan to delete that segment
of future roadway link #15 between Military Trail and Alternate A 1 A. The attached Conceptual
Thoroughfare Plan (Map 2 -5) and the accompanying table (Table 2 -8) of the City of Palm Beach
Gardens Support Documents have been revised to reflect the proposed change.
2. What will be the impact of the proposed change on the surrounding area?
We are requesting the deletion of the section of the future east/west road #15 on Map O of the
Comprehensive Plan, from Military Trail to Alternate AIA. This request is being made for the
following reasons.
1) The intent of this portion of Thoroughfare #15 is to connect Military Trail Road to Alt. AIA.
In order for the road to reach Alternate AIA, a crossing of the FEC railvmay is required.
Based on our research, a railroad crossing will not be permitted in this location. Existing
railway crossings exist at Donald Ross Road and Hood Road. approximately 3300 feet north
and 3.400 feet south, respectively, of the potential crossing site. A new railroad crossing.
which would adversely impact abutting residential properties. is highly unlikely and
undesirable.
2) The PCD master plan for the 362 acre site, bounded by Donald Ross Road, Military Trail,
Hood Road and Alternate Al A, would be bisected by this segment of Thoroughfare Plan
Road #15. This site is proposed to provide for a family - oriented residential development.
This project's primary amenity, a very large existing lake, and the development's Village
Center are located in the southern half of the site. The construction of this segment of
Thoroughfare Plan roadway #15 would split this residential community consisting mostly
single family homes. This separation would require pedestrians, bicyclists and children to
cross a public roadway which would unnecessarily create hazardous conditions. During a
discussion of this project with the City Council in October, the Council did not express any
concerns regarding this proposal. In addition, the proposed deletion of this roadway segment
will not have any impact on the PGA Boulevard CRAALS designation.
3) The proposed residential community as designed, is planned to offer a unique character and
sense of community. This community will offer a balance between interconnected open space
corridors and traditional neighborhood living. The proposed east/west roadway segment will
not only compromise the character and quality of the interconnected *�r� ace. but'
°° `0
fra.oment the sense of community expected as a result of the open space net;kn&N3 esiL?n.
4 �"
•
•
4) Due to the love- density, single - family. and unique nature of the proposed community plan.
the property is desianed for controlled access through the site. Limiting publiv access through
this small parcel allows the lake and other site amenities to be used by the residents living
in the community. At the October City Council meeting. the controlled access for this site
was considered reasonable and appropriate by a majority of the council.
5) Finally. the elimination of this roadway section will not adversely affect the surrounding
network of streets, according to the attached traffic impact analysis from Kimley -Horn and
Associates. See the attached Traffic Study.
3. Describe how the rezoning request complies with the City's Vision Plan and the following
elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing,
Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental
Coordination and Capital Improvement.
This is not a request for rezoning.
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 98 & Chapter 102, City Code)?
Not applicable..
5. How will the proposed project comply with City requirements for Art in Public Places (Chapter
106, City Code)?
Not applicable.
5
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•
OWNERS AGREEMENT
Before me, the undersigned authority, personally appeared TARA -LYNN PATTON,
Vice President of COMMUNITIES FINANCE COMPANY, LLC, who being first duly sworn on
oath, deposes and says:
1. That COMMUNITIES FINANCE COMPANY, LLC is the Owner of the property
described on the attached Exhibit "A" located in the City of Palm Beach Gardens,
Florida; and
2. That COMMUNITIES FINANCE COMPANY, LLC is requesting an amendment to the
City's Comprehensive Plan and Conceptual Thoroughfare Plan on the above described
property; and
3. That COMMUNITIES FINANCE COMPANY, LLC has full authority to file and pursue
this application and that the undersigned has authority to act on behalf of and in
connection with such filing; and
4. That COMMUNITIES FINANCE COMPANY, LLC has appointed URBAN DESIGN
STUDIO and HENRY SKOKOWSKI to act as Agent in its behalf to accomplish the
above.
COMMUNITIES FINANCE COMPANY, LLC
By. �
Tara -Lynn tton
Its Vice President
Sworn to and subscribed before me this /3T71- day of ��CF�f , 2000.
(seal)
Boanis G. ThOMPaon
ronwdsston # CC 882185
Expires Nov. 6, 2003
Bonded ,
Notary Public State of Florida \'
Print Name:o,N� /G
Commission No. �.
My Commission Expires:
•
Ordinance 24, 2001
Prepared On: May 31, 2001
ORDINANCE 24, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY
OF PALM BEACH GARDENS BY DELETING A PORTION OF
ROADWAY #15 FROM THE CONCEPTUAL THOROUGHFARE
PLAN BETWEEN ALT. A-1 -A AND MILITARY TRAIL;
PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application (TXT- 00 -06-
Ord) from Communities Finance Company, LLC to delete a portion of Roadway #15 from
the Conceptual Thoroughfare Plan between Alt. A-1 -A and Military Trail; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; and
WHEREAS, the subject amendment is internally consistent with the City's
Comprehensive Plan; and
WHEREAS, the subject amendment is consistent with Sections 163.3184 and
163.3187, Florida Statutes; and
WHEREAS, on May 8, 2001, the Planning and Zoning Commission, as the duly
constituted Local Planning Agency for the City, recommended approval of the subject
amendment to the Comprehensive Plan of the City; and ,
WHEREAS, the City Council acknowledges that this amendment is subject to
the provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the
City shall maintain compliance with all provisions thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Conceptual Thoroughfare Plan of the City's Comprehensive
Plan is hereby amended to delete that portion of Roadway #15 located between Alt. A -1-
A and Military Trail.
258
Ordinance 24, 2001
Prepared On: May 31, 2001
SECTION 2. The City's Growth Management Director is hereby directed to
ensure that this ordinance and all other necessary documents are forwarded to the
Florida Department of Community Affairs and other agencies as required by Section
163.3184(3), Florida Statutes.
SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this
ordinance is for any reason held by the court to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of the ordinance.
SECTION 4. All ordinances or parts of ordinances previously adopted which are
in conflict herewith, are hereby repealed to the extent of such conflict.
SECTION 5. This Ordinance shall become effective in accordance with Section
163.3184(9), Florida Statutes. _
PLACED ON FIRST READING THIS THE DAY OF 2001.
PLACED ON SECOND READING THIS THE DAY OF 2001.
PASSED AND ADOPTED THIS THE DAY OF 2001.
MAYOR JOSEPH R. RUSSO
COUNCILMAN DAVID CLARK
•
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
2
Ordinance 24, 2001
Prepared On: May 31, 2001
•
ATTEST BY: APPROVED AS TO LEGAL ;
FORM AND SUFFICIENCY BY:
CAROL GOLD, MMC CITY ATTORNEY
CITY CLERK
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN CLARK
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
G:TalaUTXT -00 -06 -Ord
•
3
4
0
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: July 5, 2001
Date Prepared: June 14, 2001
SUBJECT/ AGENDA ITEM: -
Petition CU- 01 -01: Church in the Gardens Modular Classroom
Consideration of Approval of Resolution 67, 2001: A request by Donald Hearing, as
agent for Church in the Gardens, for a three -year Temporary Conditional Use of a 24'
x 60' Modular Classroom for Church in the Gardens at 3937 Holly Drive.
RECOMMENDATION:
Staff recommends approval of Resolution 67, 2001, with conditions.
Reviewed by: �Q
Originating Dept.:
FINANCE: NA
P8Z Commission
/`�/
Growth Management:
Action:
Principal Planner_ -
Karen M. Craver, A`ICP
Costs: $
[ X ] Not required per
Project
Manager
Total
LDRs
City Attorney
Jackie HollcWnan
$
Council Action:
Finance NA
Current FY
Approved
[ ] pp
Human Res. NA
[ ] Approved with
Funding Source:
conditions
[ J Denied
[ J Operating
[ ] Continued to:
[ ] Other
Submitted by:
Advertised:
Attachments:
Growth
No public hearing
Resolution 67, 2001
Manag m I`-
Directo
required for
Budget Acct. #:
Landscape /Site Plan
_
Charles K. Wu, AILS
Temporary
NA
y
Partial Site Plan
Conditional Use.
Sign was posted on
Floor Plan
Photographs of Site
Approved b
pp y'
City Manager
the property
Applicant's Letters
Ronald Ferris
Letter of Opposition
[ X ] Not Required
from Neighbor
Affected parties:
[ ] Notified
[X] Not Required
10
! REQUEST:
Donald Hearing, agent for Church in the Gardens, is requesting a three -year, temporary
conditional use and site plan approval for a 24' x 60' modular classroom at 3937 Holly
Drive. (7- 42S -43E)
BACKGROUND:
The Church in the Gardens, originally the First Church of God, received site plan approval
in March of 1962 for the current Fellowship Hall. Subsequent approvals in 1967 included
the addition of a parsonage and a classroom building, and on September 9, 1975, the
addition of the present Sanctuary and parking lots. The church has ancillary uses for a
pre - school, church - related offices, and a parsonage. According to the City's Land
Development Regulations, churches are allowed in all zoning districts within the City as a
conditional use. On April 6, 1995, the church received City Council approval for a
conditional use and an updated master site plan (Resolutions 41 and 42, 1995).
LAND USE AND ZONING:
The three -acre site is located within the RL -3, Residential Low Density, zoning district, with
a Conditional Use Overlay, and the future land use designation is Residential Low. The
site is bounded on the west by Interstate 95, Holly Drive on the south, Flag Drive on the
north, and Dasheen Avenue on the east.
PROCEDURE:
This is a request for temporary conditional use approval of a modular home that is
necessary and incidental for the purpose of providing a temporary facility during the
planning or construction of a permanent structure. The City Council reviews the request
for consideration of approval, approval with conditions, or denial. According to Section 93,
Permitted Uses, Conditional, and Prohibited Uses, (note #67), of the Land Development
Regulations, the City Council may authorize the temporary mobile home use subject to the
following:
1. Demonstration of need by the business or property owner;
2. Evidence the temporary use will not impair the value and appearance of surrounding
properties;
3. Installation, within a specific period of time as prescribed by the City Council, of proper
screening, landscaping, and buffering; and
4. A determination that the temporary use shall be consistent with the intent and purpose
of this chapter.
The requested period of time for utilization of the modular structure is three years, or until
July 30, 2004, at which time the modular unit shall be removed. The City Council may
grant one extension, not to exceed six months, from the date of expiration of the original
authorization.
Petition CU -01 -01
Church in the Gardens Modular Unit
Meeting Date: July 5, 2001
Date Prepared; June 14, 2001
PROJECT DETAILS:
The Church in the Gardens has retained The Maddox Group to provide master planning
services for the further development of its site at 3937 Holly Drive. In order to meet the
present needs of the church during the transition period of approval and construction, and
because of overcrowding at times, the church is requesting a three -year temporary
conditional use for the placement of a 24'x 60' modular structure. The additional space
will be used as a classroom and will serve the adult and administrative needs of the
church.
The modular structure was received as a gift from St. Marks Episcopal Church, and
because it was necessary to take advantage immediately of the offer, the church has
temporarily stored the structure at the rear of the site in a grassed area, pending action by
City Council. It is proposed that the structure will be placed just north of and adjacent to
the present classroom building in a grassed area. Parking will not be affected since the unit
will be placed on existing open space within the property. All setback and parking
requirements will continue to be met, and there will be no increase in the physical capacity
of the church or school. According to the applicant, there are presently 110 students,
although the school is licensed for. 120 students.
The structure will be 30" above the ground, will be skirted, and will have a 24" hedge
planted around it. The applicant states it will not impact drainage or additionally contribute
to the flow of water to the north. The modular unit will have electricity but will not have
water and sewer facilities. Handicap access ramps are shown on the partial site plan in
accordance with ADA requirements.
The church is in the process of installing a berm along the north side of the property, which
will continue south along the west corner of Lots 15 and 16, stopping at the southwest
corner of Lot 16. The purpose of this berm is to prevent stormwater from draining from the
church property onto those properties to the north.
STAFF AND OTHER COMMENTS:
City Forester
The City Forester recommends the following:
• An existing shed in the northeast corner of the site should be moved in order to comply
with the setback requirements of the Land Development Regulations;
• All trees that are removed to allow placement of the modular unit and the shed shall be
replaced along the perimeter of the site; and
• All landscaping that was approved previously in Petition SP -94 -22 shall be installed to
provide a buffer between the modular structure and 1 -95.
3
Petition CU -01 -01
Church in the Gardens Modular Unit
Meeting Date: July 5, 2001
Date Prepared:; June 14, 2001
Engineering
The City Engineer requested that the applicant resolve all drainage issues related to the
placement of the modular unit and the adjacent residences, prior to the issuance of the
building permit for the placement of the modular structure.
Building Division
The Building Official had no adverse comments and recommended approval.
Public Works
The drainage problem at the north of the property needs to be addressed.
Police
Lighting should not conflict with landscaping; landscaping should not obstruct view from windows
or walkways; and non -glare building lighting should be installed around perimeter of modular
classroom.
Seacoast Utility Authority
No comments.
0 Planning & Zoning Division
No comments.
Fire
No comments.
Parks & Recreation
No comments.
Leqal
No comments.
Other Comments
In a letter dated June 15, 2001, Barbara Brodbeck of 3942 Flag Drive stated she is
opposed to the modular structure because of drainage problems she has experienced in
the past. Staff explained to Ms. Brodbeck that one of the conditions of approval being
recommended is that the Church shall resolve all drainage issues prior to issuance of the
building permit for the modular structure. A berm and drainage system are now under
construction on church property to prevent drainage of storm water onto her property.
STAFF RECOMMENDATION:
Staff recommends approval of Petition CU -01 -01 with the conditions provided in Resolution
67, 2001 , attached. G_short/cu0101 modulars
4
0 June 21, 2001
RESOLUTION 67, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING A SITE PLAN AND A
TEMPORARY CONDITIONAL USE FOR THE PLACEMENT AND USE
OF A MODULAR CLASSROOM UNIT AT THE CHURCH IN THE
GARDENS; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens has received an application (CU-
01 -01) from Church in the Gardens for approval of a three -year, temporary Conditional
Use for the placement and use of a 24' x 60' modular classroom at the north side of
its property located at 3937 Holly Drive; and
WHEREAS, the 3.2 acre site is currently zoned RL3 — Residential Low Density -
3 with a CU- Conditional Use Overlay, and has a future land use of RL — Residential
Low; and
WHEREAS, the Growth Management Department has reviewed the application
and determined it is consistent with the City's Comprehensive Plan and Land
Development Regulations; and
WHEREAS, the Growth Management Department has recommended approval
of the site plan and temporary conditional use with conditions of approval.
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 approves a site plan and a temporary conditional use for the placement and
use of a 24' x 60' modular unit at the Church in the Gardens at 3937 Holly Drive, for
a period of up to three years. The temporary conditional use shall expire on July 30,
2004.
SECTION 2. Said approval shall be subject to the following conditions that
shall be the responsibility of the applicant, its successors or assigns:
1. The applicant shall resolve all drainage issues related to the placement of
the modular structures and the adjacent residences, prior to the issuance
of the building permit for the placement of 'the modular structure; (City
Engineer)
0 2. Outside building lighting shall be non - glare; and it shall be installed around
•
•
•
Resolution 67, 2001
Meeting Date: July 5, 2001
Date Prepared: June 21, 2001
Petition CU -01 -01
the perimeter of the modular structure, in such a way that it shall not
conflict with landscaping; (Police, City Forester)
3. Landscaping shall not obstruct views from any windows or walkway;
(Police)
4. An existing shed in the northeast corner of the site shall be removed or
relocated and screened with vegetation in order to comply with the
setback requirements of the Land Development Regulations; (City
Forester)
5. Any trees that are removed to accommodate the relocation of the
existing shed and the installation of the modular structures shall be
replaced elsewhere on site to the satisfaction of the City Forester; and
6. All landscaping that was approved previously in Petition SP -94 -22 and
made a condition of approval of Resolution 42, 1995, shall be installed
as a buffer between the modular structure and 1 -95. (City Forester)
SECTION 4. Placement of the modular unit shall be in compliance with the
following plans on file with the City's Growth Management Department:
1. June 25, 2001, Site Plan by Cotleur Hearing.
2. April 23, 2001, Existing Landscape Plan.
3. December 12, 2000, Boundary & Topographic Survey, by Dean
Surveying & Mapping, Inc.
4. March 15, 2001, Partial Site Plan M -1, by Bailey Engineering
Corporation.
5. May 26, 1993, Floor Plan by King's Custom Builders, Inc.
SECTION 5. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF 2001.
MAYOR JOSEPH R. RUSSO
14
ATTESTED BY:
CAROL GOLD, CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /short/CU0101 RESO
jh
AYE
3
NAY
Resolution 67, 2001
Meeting Date: July 5, 2001
Date Prepared: June 21, 2001
Petition CU -01 -01
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Church In the Gardens- Site
View of Church Site from the south (Holly Drive)
View of Church Site from the south (Holly Drive)
3937 Holly Drive, Palm Beach Gardens
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'ChurcIh n Th" Gardens. `
A Con tiA of Church of Gc i, Arider'sor1,11
r 3939 Holly Drive
Palin•6gnch''6at-dtns, FIgrida'a3410 • "� \
' ,Phone (56�t)6 '22 -431Q, . Fa - (561),622 -4352
-City of P'alnd Bea&Cludens !' - , ` - ' ` '
X. } 10500 N. Wtuy Trail' ' _ , • , • •� ' J
' PalmBcach`t^•�ard F1: 3341 ,� .. t . ` l- ` w
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: ens Mour UniRefeec Chunh in hha
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_ lc is a - : nse. tq)yoiu meiripra�dun�l to J e Hollom�n dated May 2,'2001, and tis- listed) ,
Item by Bean- ' •/ r i �'. ` {
y
i. T7re hpplicarit nmed o nibmit the�e*ed siirfac�e �uter m�,ageme. tcalcuiatign� whl�h ! -� ` `
"re}Yect the losa� of site slora* and deifignstratas hat %here will bg nv' imp4 ' i to the . on site r,
`- r 1 Q " •(
= o -site areas Y
' '` • A colcula#iop f� attached that shoSvs dmtath 60 z 2$ foot modular kuildirtg runoff aribe r
contained wjih;n the now SAiahe cut on th orth side'Ofdwpavir .
• `' r As,backbrotmd the*oc4pr st�tcture is set u xop pim- appr4Kinnately 30 inchgs leaving the ` ,, : ' _
area below therortables sWf available,for soft storage, though`the plan to to &14 Aedge -
aro}md-di building, aiiki provide screertitt , it is ani�idg�ted hat;wa>erbelmo f Win under ` °r2
4he buifdihg intetttio 1
J' • Iit 1995 a ' r0' eT7^s-feet of 24 -fisot wideavirig was install nri a/cel ^4cated position
N , , replacing a 180 logj I6- footmde sfdp of PixVh*•ihat tan al g.the�noit prop&rty lane., ` '-
` 'This dIoWad the,&vclopinent of 43 grasscdfarh'igg,;pagq% a6 a1Qng the`norEh side, of the / t -
^% new paved stt}p and 17 elbng tfie south] Ari e"ilitatton trench was installed to cticvertltnew :
pig. In` h6 wo�ic that was'do�{re bc� acoom$Yish'this, ither a low spot d vslaped ror vas, ,
1` �: created that con 04NBtedto rozi off tbe p ;op&y tiSwarcl the rtorttieast.
• 1 .,ibe gtpde cf the Tart y4= ih%po ile A bcuig placed' assures;th�t the noffis erected: - ',
toward td m fined by the area to"nb6 of the•tempaia`ty rhgdt larbCnlding.
MditiQnally,'the-new ddve,vas installed complete with an t�ffi#i ion trench , '• t
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Page 2 of 2
' A eongivgcoiodof Churth of God. Andefsoh,IN' %r ,
y393'i HoHy•priJe _ -
' - Palm�Beach 66rden9, F#oriiQ'3310
1 • :� W�one (561x622 43110 Fax (561)622 382
j r , `
In the past 5 years theme have been three rain everts ofsev�rie intrmty in which.,fl• 3odit�ig.
occdaed -bn Ohicentfp ... fial'parcels. Tadssurethat�,CTT dr nag
G e is not,coritautin to
this situ,a
,,t�ion, a Jx m,ancT'swail liar bear 4xeated on the north; line fo cjitect Water ack-.
- onto l.1 r V'S site £or addit%�al �torage•and for assumneedm eve -do rlot contribute to tliese•
'properties as a"result of,tl'iese "vcno/ mnol (afinorm4i events., �TYm posture h6 always..
been to be a good
AS a reeap,,the7pkt6enlent of the Modulb,r stiuctu' takes'awayIttl -e if agy 1- storage rr -
the�site other than small pupport piers lvcalted dir oc�ly findI* theskuetiu'e. The iiew sweles , ,
purpose is td &%ieloli 4 high s*t on the northprbpea j! Ririe, -to t diater fr6m leavi g th'e" ,
• sitcAmt could wed our neighlwrs td dk -north, yg4a�` �flo* back onto C G';
: Rropesty!:The #longthai'&s oce&rkd to our uprtliern n4ighbor's hhs been a r;sulf -o
�' , '� `abnormally High rain fall'sr:whic h in all "Ram of whmfit occuored, tlfe rains creaited :
loling of several homed saiicolopemeots in scv& surirofiding area, notyust the k. t
" - , i ` .hQmes;.3 h�swate �t'ea' tes the eq�uva�ent orequired �sOSt ��raindge, even iithe-fact that the'area • . _
-� of the soil imder=ther*k60 a struo r� wlucit is sthli availabl ``is di9re$atided.: ' , ,
daigl a71t;-. upDlcant needs to bmi� deon`jrae Mw the iYd o fr'on the area .
arow d the portable C of 1$44i'6urR
Please see attae ed sk ,for the &kria, � am r 1 'c modular struc�m J� r ti
. l "`• 1
y , 1 (tom, - r = rj , ..
3.- ' ' .Prior to a�p�o�al; the proposeB� wale and berm along the fiortkem jWv, eter,of the
site heeds ito'be'4 �sw;ucted no*.Ovd, end artd b�:: rigeds tQ Yie irrclsi ed
thedt�ririageplai +trandealcrilations �. -� '� -, ! �:,_ _ �- • .F' '
TM 'Swale w,a's jo, tly approved by the bity, an&mstruction hA4 �+inbatly begun. The r
'is fpimed bnd is awaitifi j Vna1 Nkifiam4 sod ks,vr'e�l as *.leveling on1he we enii toy
assure rtftf1'is not directed toward�the I -95 j ep easement We respei t:My'�isk that du • '"' `
to a length 4f time it took to get apro
im-1hto ( �2 �r�dd this hairier £or pur ne 0j)(p bo► thy; aortb, that this i --- be vyritt to sefi* diat` r fina�..4wernaof the
U64MM modular sbuctinpe be conftcnt,on •�e swale andb -en;i being fiizashed " -
' The appli r?t needs to''coor ¢ the rr of a0y vsegetatiLo�4 with th`e City forester: , , ' Y
_ ,
c ,
`' 1 s ore vK Ih:hje Citiforester,: Iri order to move forward wi the svvale, a sm 1 —SIump of "wax ', . • ; �
nsyri�es •was removed along with a sp",f mdge. WeIia a landsc'tcpE� wodd3ng om aplaif or
z , ` 'the replacc'anent oftthe hedge, which we Natice wr�l oogr�linhtb with mty,'s forester. ` `
A 'aktng tn4,reF: *'ond
IN
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_. __. —__— ..__ __. __ _...� ,, .,a vev ........ ..•.aa...,a u..va•.u.x�aa..a VJ VV9 /VVO
• t • 'Church is the s � �- . ` .. � i v : �I - . , , . • � � ..
1vIay23;2001` �iI hurich'In , iIS ' • _ ) • ' � • = - . � � -
.� r \ - A Co rep!! nA of Church of 6dd; Andet'son. III ' ,.
' 3'939 Ha1Yy t)rive _ • ' y,i, , -
' \. Pa16.• fq_cli•Gai•Ide►is, Floridn'_3�341b �; . _ f
- Phane(56�t ?-43 19 1622438
` Fliar(5bij16224382
t
S: appl icant shall noY d4charge,anyy storm ater.nmgtjfrom t\& project into the FrPOT's -I-
1 95 right-q f-way t ►4 ut first obtaining a peimittrom iie FDOT.
( t ` IM- 6 -swale iv being blocked akthe west end�using soil and sod -to prevent dire` i discharge intd
t . ' , � ^ ' `• r the 1` DOT's �[ -95 light- ofrway. � � � t :: ` ' ' � ~ .. , Y ��, t • - � . _ � '1 �' � r
_i � %, � 1' h�,: �` •.�.. ;'. � -� � it
Ihould you haue additional questions, please contact this ` ' : ' -
—. -
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IV
;Mo�ci"M rn%or•e n4'd'be #ter di„rciples� of,T'esLt s Ch�1 \
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April 23, 2001
arch In The Gardens
A Congregation of Church of God, Anderson, IN
3937 Hotly Drive
3alm Beach Gardens, Florida 33410
Phone (561)622 -4310 Fax (561) 622 -4382
City of Palm Beach-Gardens
10500 N. Military Trail City of P.B. Gardens
Palm Beach Gardens, FL 33410 -4698 — APR 23 2101
.;
Attention: Jackie Holloman — Planning Technician �i; MANAGEMENT
Reference: Petition CU -01 -0 1— Church in the Gardens \�\�� DEPARTMENT
Modular Classroom Sufficiency Review
Dear Ms. Holloman:
The purpose of this letter is to supplement the'information you have been given and to help clarify
Church in the Gardens' request. As background, in 1994 the church applied for and received approval
to construct a 1512 sq. & addition onto the rear (west side) of the sanctuary. My understanding is that
contingent on that approval certain site improvements including the addition of paving to connect the
east and west parking lots, development of grassed parking on the north side of.the property and
landscaping was added as required by the City. This work was done in preparation, however Church
In The Gardens held off constructing the addition at that time. In addition, landscaping was added as
required by the City.
In December, Church in the Gardens contracted with an architectural firm, Maddox and Associates,
for the purpose.of doing a Master-Planning study of the church facility, facility needs before going
back to the City to add the needed space approved in 1994. The present Personnel, Property and
Finance Committee wanted to assure that any improvements that are done or requested-am consistent
not only with concerns for the church needs but done in a manner consistent with good needs .
assessment and propel site assessment with respect to the surrounding neighborhood as well as site-
f inctionality.
In the spring of 2000 as a voluntary commitment to improve the appearance of the property; the
church under took substantial landscaping improvements on the grounds, which included new
landscaping and planting areas along, the south side (Holly Drive), the development of several planted
areas along thernain entrance drive (east drive off Holly), and the development of planting areas on
.the west side of the fellowship hall.-As evidenced by the photographs the landscaping and grounds are
. being well maintained: Overgrowth on the North property line from the adjacent neighbors was cut
bacic�This overgrowth from adjacont neighbois.damaged a portion of a hedge planted in 1995. As part
of drainage improvements to �e-done along -the north edge of the Grass parking an assessment .of the
plpts along this hedge will be.done. Either Bruce Bade,or Ron Bailey would be avolable.to meet
your arborist on site to review this growth..
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•
Petition CU -01
April 23,2001 Church In The. Gardens
Page 2 of 2
A Congregation of Church of God, Anderson, rN
3937 Holly Drive
Palm Beach Gardens, Florida 33410
Phone (561)622 -4310 Fax (561) 622 -4382
In late February the modular structure became available from St. Marks, and it fits a temporary need
to add adult and administrative space and to relieve students that are in small classrooms. There is no
intent on the part of Church in the Gardens to increase the number of students that the school's
certificate.now allows. The request is for the allowance of the temporary use of a modular structure as
interim space until the proper site needs and site assessment has been done and reviewed with the
City, and a well thought out program to improve the facility is in place. We are willing to stipulate that
as a part of the temporary use of the modular structure, that at the end of three years or June 30, 2004
when the school year is over, that the modular unit will be removed off the property and given to some
other entity that is in need of such a wonderful facility.
It is for the above purpose that we ask for a 3 -year temporary approval at which time the modular
structure will be removed from the site.
Should you have any questions or comments, please contact this writer.
Sincerely,
02 � t
Ronald B. Bailey
Chairman, Personnel, Property and Finance Committee
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April 23, 2001
arch In The Gardens
A Congregation of Church of God, Anderson, IN
3937 Holly Drive
)alts Beach Gardens, Florida 33410
Phone (561)622 -4310 Fax (561) 622 -4382
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL.33410 -4698
Attention: Jackie Holloman — Planning Technician
Reference: Petition CU -01 -0 1— Church in the Gardens
Modular Classroom Sufficiency Review
Dear Ms. Holloman:
In response to your April 4, 2001 letter, attached is the following:
• Ten copies oflandscape plan.
• Ten copies of current site plan showing the existing storage shed in the northeast corner of
the site.
• Three additional copies of the boundary and topographic survey.
• One complete set of all plans, reduced to 8 '/z x 11.
• With reference to evidence that the temporary use will not impair the value and
appearance of the surrounding properties, a review of the properties surrounding three
previous sites, all presently or in the recent past having modular structures. Nativity
Lutheran, St. Mark's Episcopal The City of Palm Beach Gardens and Christ Fellowship
all show property values (sales and assessed values (tax rolls) increased on jpperties
adjaceni to-and. in the nearby neighboihoods..-
The modular structure tobe used on this site came from St. Mark's Episcopal Church. The property
directly to the west of this'site committed to and underwent development while•this structure was at
Us site: The sales prices of these homes is an indication•o£ the lack of impairment of the value of the
property while a modular unit is being used for conditional use.
There are no water and sewer services to this structure; only electricity: Please see the attached letter
from,Florida Power and Light. - 1
Making. more' a.nd. b-efitee di-sc_ipl,e's o Jesu,_
of ?,.B; Garde��s ,
•
retittonuu -ul-u — ,
April 23,2001 Church In The Gardens
Page 2 of 2
A Congregation of Church of God, Anderson, IN
3937 Holly Drive
Palm Beach Gardens, Florida 33410
Phone (561)622 -4310 Fax (561) 622 -4382
Should you have any questions or comments, please contact Bruce Bade (630.1688) or me (626-
9501). Thank you for your attention in this matter.
Sincerely,
Ronald B. Bailey
Chairman, Personnel, Property and Finance Committee
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March 16, 2001
arch In- The Gardens
A Congregation of Church of God, Anderson, IN
3937 Holly Drive
'aim Beach Gardens, Florida 33410
Phone (561)622 -4310 Fax (561) 622 -4382
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Messrs:
The purpose of this letter is to request a conditional approval for a premanufactured mobile unit.
Presently Church in the Gardens is under contract with Maddox and Associates (Sarasota,
Florida) who is doing a review and master plan of the site. Presently there is a need to
modernize the existing educational building and add space to suite the needs'of the existing
population that we have been approved for in the.use of this building. In addition, existing
ministries have found the need for additional meeting space that this unit will accommodate until
proper master planning -and review. of the site can be accomplished identifying the requirements
of a permanent structure.
This added element to the site will not cause or allow additional expansion beyond the present
allowed use. It merely-will allow us to optimize the use.of.the facilities during a transition
period of planning approval and construction.
The. request is made to move this unit on to the property for a temporary conditional use.
Sincerel -
Greg mpstro .
Sr.. Pastor'
•-Chuich'in the Gardens
Mlopdoglcompany\Misc. Cotresp \CrrGPBGItr..doc t -=
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C'dy.ot P.B. Gardens
;fd&R 19 'La
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MANAC�I MEN'.
' FILE COPY nF PART 'A`
PLANNING & ZONING DIVISION
1M'ct ing more and better disci- ple's'o'f Jesus C,
•
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June 15, 2001
Mr. Charles Wu, Growth Manager Director
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beacb Gardens, FI.33410
Re: Flooding
Dear Mr. Wu:
My flooding problems have been going on for the last five years. 1 live at 3942 Flag Drive, Palm Beach
Gardens, Fl, and have been at the location for 30 plus years. Never was I flooded until the Church in the
Garden built their addition parking lot, and through a serious of errors by the City of Palm Beach Gardens
inspection department, i.e., the church was to divert the water to a catchment area for 1 -95, store some in a
storm water system, (which is also plugged up with detAtus)and divert the remained to Dashc:en .... none of
this transpired, so my property has been flooded three times in five years. I have beet) through many public
works officials, managers etc., everyone passes the buck, no one seems to remain anytime with this city, l
say once and for all take responsibility for the grave injustice. This is what I am proposing:
1. That the flooding caused by the Church in the Garden and the poor maintenance and inspection by the
City of Palm Beach Gardens be corrected immediately!
2. And further, that the problems of storm water runoff and flooding be addressed by the city before
more flooding to the older areas of this city occur.
3. 1 would request that a temporary classroom not be allowed on the Church in the Garden site, it is a
attractive nuisance, it is detrimental to the home values in the neighborhood, and the noise and
additional cars would be a hazard to all in the area. This is a residential neighborhood.
4. The Church in the Garden has acquired two homes in the adjacent area, l would ask the City Council to
have a hearing on any additional housing purcbases in the neighborhood as this changes the
complexion of the area, and again, additional automobiles, SUv, trailers, noise and further deprives the
City of Palm Beach Gardens, and the County of needed property tax money.
5. The "ditch" at the back of my property is a joke, and it looks as if it is draining along the back line of
my property toward the I95 catchment area, and 1 thought DOT forbade this.
6. The Church in the Garden has placed a large tent on their property, who, permitted this" And, this is
hurricane season by my calendar.
I am faxing this letter to all departments in the City of Palm Beach Gardens and the Palm Beach Post,
Mot sincerely,
Barbara Brodbeck =
3942 Flag Drive
Palm Beach Gardens, FL 33410
561 -622 -6099 City of P.B. Gardens
W-649 -8770
CC: Adm., Bldg.,City C1erk,Code lnforeement,Citizen Services, Growth Mgmt.,Human Res. And l��jj�
GRvWIH 1
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CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: July 5, 2001
Date Prepared: June 18, 2001
SUBJECT /AGENDA ITEM
Petition SP- 00 -26: Crossroads at Northlake.
Consideration for Approval: Attorney Lee Worsham of Ruden- McClosky, agent for
Massachusetts Mutual Life Insurance Company, is requesting Site Plan Amendment
approval for a portion of the Crossroads at Northlake Shopping Center at the southeast
corner of Interstate 95 and Northlake Boulevard.
RECOMMENDATION
Staff recommends approval of Resolution 104, 2001 (Petition SP- 00 -26), subject to
conditions of approval.
Reviewed by:
Originating Dept.:
FINANCE: NA
P8Z Commission
Principal Plann
Karen M. Craver,
Growth Mana ement:
�
• Costs $
Action:
[ ] Approved
Project
Total
[X] APp w/ conditions
City Attorney
Manage
[ ] Denied —
.,
Edward To ft, W-1
$
[ ] Rec. approval
Finance NA
Current FY
Rec. a w/ conds.
[ J app.
Human Res. NA
[ J Rec. Denial
Funding Source:
L ] Continued to:
Submitted by:
Advertised:
Attachments:
Growth
Date:
[ ]Operating
Manag m
Directo
Paper:
[XI
. Resolution 104,
2001
.. - .. _
Other N/A
Charles K. Wu, AICP
0 Legal Description
[X] Not Required
. Aerial Map
Approved by:
City Manager
Budget Acct. #:
• Site Plan
Affected parties:
] Notified
N/A
• Landscape Plan
[ x ] Not Required
• Elevations
ir
City Council
Meeting Date: July 5, 2001
Date Prepared: June 18, 2001
Petition SP -00 -26
REQUEST
Attorney Lee Worsham of Ruden- McClosky, agent for Massachusetts Mutual Life
Insurance Company, is requesting Site Plan Amendment approval for a portion of the
Crossroads at Northlake Shopping Center. The 21.02 acre site is located at the southeast
comer of Interstate 95 and Northlake Boulevard, will contain 174,371 square feet of retail
space; an increase of 29,208 square feet. (19- 42S -43E)
BACKGROUND
The "Crossroads at Northlake" site plan was originally approved by the City's Site Plan
Committee on April 1, 1986. The site plan included the following:
• 80,640 square feet of Home Improvement _
11,182 square feet of Home Improvement Garden Center
• 63,349 square feet of Supermarket
• 100,100 square feet of Local Retail
• Two 1.1 acre outparcel sites (square footage not indicated) —
The total acreage of the site plan was approved at 31.88 acres.
Both 1.1 acre outparcels received approvals from the City in 1987 to construct fast food
restaurants, Arby's and Taco Bell. At the time of approval and construction, each outparcel
was subdivided and sold to a separate property owner as a separate legal property.
In 1993, the Home Depot received City approval for a 16,336 square foot expansion. At
the time of City approval, the Home Depot corporation subdivided their portion of the site
plan (the building and a portion of the surrounding parking area and wet retention pond)
and created a separate legal parcel.
As a result, the site, which was owned by Trycon Properties, consists of four legal
properties including the 21.02 acre portion now owned by Massachusetts Mutual Life
Insurance, which is currently under review for Site Plan Amendment.
Technically, Massachusetts Mutual is subject to development review on only its parcel of
land. However, due to the fact that the four adjoining properties were approved as one site
plan, staff shall ensure that the proposed amendments are consistent and compatible with
the properties contained within the original approval.
• 2
•
•
City Council
Meeting Date: July 5, 2001
Date Prepared: June 16, 2001
Petition SP -00 -26
LAND USE & ZONING
The subject site is zoned Commercial (CG -1), has a future land -use designation of
Commercial, and is listed as Commercial on the Vision Plan.
CONCURRENCY
The applicant has received concurrency for the proposed expansion of general retail and
shopping center use.
PROJECT DETAILS
Building Site
The applicant is proposing expansion of the existing shopping center, which shall include
a new 36,500 square foot anchor tenant and a 5,000 square foot "out - parcel" building to
be utilized for general retail. The total square footage expansion shall contain a net
increase of 29,208 square feet.
The applicant is proposing to expand the eastern plaza building for the new anchor tenant
and to add a loading truck well and compactor on the north side of the building. The
applicant is also proposing to demolish the vacant gasoline service station and construct
the 5,000 square foot "out- parcel" building on that site. The applicant shall undergo site
plan amendment review in the future to receive approval for the elevations of that building.
The applicant is proposing to renovate the existing facades of both the western and
eastern plaza buildings, including fagade renovations for all four sides of the eastern plaza
building (adjacent to Sandtree Drive). The applicant shall paint the rear facade of the
western plaza building (adjacent to Interstate 95) to match the renovated fagade on the
front of the building. Staff is recommending additional landscape buffering to screen this
elevation from view from the northbound 1 -95 off -ramp, which is a heavily traveled right -of-
way, as well as a gateway to the City (see landscaping and buffering section).
The fagade renovations shall include a combination of increased parapet height and
parapet articulation and new tower features. The new fagade shall include a dryvit-system,
with "Nacho" and "Sunset" wall color combination with "China White" trim. The existing
seam metal roof over the plaza promenade shall remain. The applicant is proposing to
paint the roof a dark ( "Hartford ") green, to be consistent with the proposed color
combination.
The applicant is proposing new wooden dumpster enclosures to replace the existing
wooden dumpster enclosures which have fallen into disrepair. Staff has requested that
3
City Council
Meeting Date: July 5, 2001
Date Prepared: June 18, 2001
Petition SP -00 -26
the applicant replace the existing enclosures with concrete block enclosures to match the
existing structure. Section 194 of the City's LDRs requires that " Dumpsters shall be
screened with materials of the same architectural style, color, and materials as the principal
use... ". The dumpsters must also be screened on all four sides with gates that must be
closed when not in use, per Section 194. The applicant has agreed to replace one existing
"box- fence" dumpster enclosure along Sandtree Drive with a concrete -block structure
consistent with the architecture of the renovated fagade. The applicant has proposed
replacement of other dumpsters within the limits of site plan amendment consistent with
the wooden "box - fence" construction currently used on -site. -
Site Access
The applicant is proposing p new ingress point off of Northlake Boulevard, at the present
location of the exit only lane, for which the applicant has received approvals from Palm
Beach County and the State of Florida Department of Transportation. The new ingress is
permissible due to the proposed expansion of the Northlake Boulevard /Interstate 95
interchange, which is scheduled to occur concurrently with the proposed renovations at
Crossroads at Northlake. The proposed expansion includes the following:
• An additional lane on the eastbound (south) side of Northlake from Interstate 95 to
Sandtree Drive.
• The construction of a dual right -turn lane on the eastbound Interstate 95 ramp leading
onto Northlake Blvd., and the installation of traffic signals to control the movement of
traffic onto eastbound Northlake Boulevard.
The applicant is proposing to re- configure the primary drive -aisle providing access to the
internal parking areas within the shopping center. The reconfiguration will align the drive -
aisle with the proposed ingress from Northlake Boulevard.
Signage
The applicant is proposing two new monument signs, which conform with the current Land
Development. Regulations. These signs shall replace existing pylons signs, which are not
conforming with the LDRs. The applicant will need to submit design guidelines for principal
and minor tenant wall signs to ensure that these signs are consistent in color and style and
meet City standards for quality and design.
Landscaping/Buffering
The applicant is proposing additional landscaping in three primary areas; wilbin the
9 Northlake Boulevard landscape buffer, within the Sandtree Drive landscape buffer, and
4
City Council
Meeting Date: July 5, 2001
Date Prepared: June 18, 2001
Petition SP -00 -26
within the re- configured "drive aisle" /parking area /expanded tenant space. The applicant
is subject to the requirements of the Northlake Boulevard Corridor Task Force, as adopted
by the City. As a result, the applicant shall be required to install and /or contribute- monies
in -lieu of and maintain additional landscaping within the Northlake Boulevard right -of -way,
including road shoulders and medians, adjacent to the property. Landscaping installation
shall be done in conjunction with any landscaping proposed by Palm Beach County and
the State of Florida as part of the Northlake Boulevard expansion project.
Parking
Based on current code requirement, the applicant is required to provide 856 parking
spaces on their portion of the site plan. This calculation is based on the following uses:
Shopping Center (east and west plaza building): 166,861 s.f.
required parking: 1 space/200 s.f.
General Retail out - parcel: 5,000 s.f
required parking: 1 space/250 s.f.
Total Parking Required:
856 spaces.
Total Parking Provided:
906 spaces
50 spaces surplus
Home Depot: 102,077 s.f.
required parking: 1 space /250 s.f.
Garden Center: 28,000 s.f.
required parking: 1 space/1000 s.f.
Total Parking Required:
436 spaces
Total Parking Existing:
463 spaces
27 spaces surplus
The applicant has demonstrated that there shall be adequate parking on -site for both the
main -line center and Home Depot parcel, based on current code requirements. --
Phasing
This project is proposed to be developed in one phase, with the exception of the 5,000
square foot "general retail" out - parcel.
Drainage
The applicant shall utilize the existing drainage system, which has several large on -site
wet - retention ponds. The proposed renovations will result in only a small increase in
impervious surface.
STAFF RECOMMENDATION
Staff recommends approval of Petition SP -00 -26 with conditions of approval.
5
City Council
Meeting Date: July 5, 2001
Date Prepared: June 18, 2001
Petition SP -00 -26
BOARD OF ZONING APPEALS
At its April 24, 2001 meeting, the Board of Zoning Appeals granted a variance from the
required 15 foot minimum landscape buffer width to allow an existing 10 foot wide buffer
along Sandtree Drive to be utilized to meet the buffer requirement. The Board also granted
a variance to allow 9 foot wide parking spaces to be used rather than the required 10 foot
wide spaces.
PLANNING AND ZONING COMMISSION
At its April 24, 2001 meeting, the Planning and Zoning Commission unanimously
recommended approval of this application and added the following two conditions to those
recommended by staff:
(1) In the event the existing live oak adjacent to the proposed trash dies as a result of
construction, then the applicant shall be required to replace the tree with one of
comparable size and spread, prior to the issuance of the first Certificate of Occupancy
is (City Forester).
(2) Prior to scheduling for City Council review, the applicant shall submit building elevations
that are scaled and definitive for staff's review (Planning and Zoning).
The first condition has been added to the conditions of approval contained within the
approving resolution and the applicant has satisfied the second condition.
VILE_SWCOMPROG\Short Range\sp0026cc.doc
•
6
4
June 18, 2001
June 28, 2001
RESOLUTION 104, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
AN APPLICATION FROM MASSACHUSETTS MUTUAL LIFE
INSURANCE COMPANY FOR AN AMENDMENT TO THE
"CROSSROADS AT NORTHLAKE" SHOPPING CENTER, LOCATED
AT THE SOUTHEAST CORNER OF INTERSTATE 95 AND
NORTHLAKE BOULEVARD, TO ALLOW FOR A 29,208 SQUARE
FOOT INCREASE OF RETAIL SPACE TO THE EXISTING SHOPPING
CENTER, TO ALLOW FOR MODIFICATIONS TO THE PARKING LOT,
TO ALLOW FOR AN ADDITIONAL ENTRANCE FROM NORTHLAKE
BOULEVARD, AND TO ALLOW FOR FAtfADE RENOVATIONS ON A
21.09 ACRE PORTION OF THE "CROSSROADS AT NORTHLAKE"
SHOPPING CENTER AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR CONDITIONS
OF APPROVAL; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City of Palm Beach Gardens received an application (SP- 00 -26)
from Massachusetts Mutual Life Insurance Company, requesting a Site Plan Amendment
to the "Crossroads at Northlake" Shopping Center, located at the southeast corner of
Interstate 95 and Northlake Boulevard, to allow for a 29,208 square foot increase of retail
space to the existing Shopping Center, to allow for modifications to the parking lot, to
allow for an additional entrance from Northlake Boulevard, and to allow for fagade
renovations on a 21.02 acre portion of the "Crossroads at Northlake" Shopping Center,
as more particularly described in Exhibit "A" attached hereto; and
WHEREAS, the 21.02 -acre portion of the "Crossroads at Northlake" site is
currently zoned CG- 1 General Commercial, and a future land use of Commercial (C); and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient, that it is consistent with the City's Comprehensive
Plan and Land Development Regulations and has recommended approval of the
amendment of the site plan known as "Crossroads at Northlake "; and
WHEREAS, the City's Planning and Zoning Commission has reviewed said
application and recommended that it be approved subject to certain conditions stated
herein.
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
Resolution 104, 2001
Meeting Date: July 5, 2001 _
Date Prepared: June 18, 2001
Petition SP -00 -26
approves a Site Plan Amendment to the "Crossroads at Northlake" Shopping Center,
located at the southeast corner of Interstate 95 and Northlake Boulevard, to allow for a
29, 208 square foot increase of retail space to the existing Shopping Center, to allow for
modifications to the parking lot, to allow for an additional entrance from Northlake
Boulevard, and to allow for fagade renovations on a 21.02 acre portion of the
"Crossroads at Northlake" Shopping Center, as more particularly described in Exhibit "A"
attached hereto.
SECTION 2. Said Site Plan Amendment is approved subject to the following
conditions, which shall be the responsibility of the applicant, its successors or assigns:
(1) Prior to the issuance of the first building permit, the applicant shall
record a Unity of Control document to ensure that the out - parcel
property shall remain under the same ownership as the "mainline
center" (Planning and Zoning).
(2) The build -out date specified for this project is December 31, 2002.
No building permits associated with this development order shall be
issued after that date. For the purposes of this condition, "building
permits" shall refer to and be limited to permits for original new
construction, in the case of the new anchor store and a new building
on the out - parcel, and not to interior construction associated with
new tenant improvements to existing buildings (Planning and
Zoning, Building).
(3) The applicant, successors or assigns shall, in conjunction with the
County and the State DOT, install and maintain landscaping in the
following rights -of -way (off -site) locations: southern road shoulder
of Northlake Boulevard between Interstate 95 and Sandtree Drive;
eastern road shoulder of Interstate 95 off -ramp onto eastbound
Northlake Boulevard; and median of Northlake Boulevard between
Roan Lane and Sandtree Drive. In the event that the City of Palm
Beach Gardens, or another entity, forms a special district pertaining
to the landscape maintenance of Northlake Boulevard, then the
applicant, successor or assigns shall automatically become a
member of such special district. This condition may be amended at
any time by a separate agreement between the applicant and the
City of Palm Beach Gardens (Planning and Zoning).
(4) The applicant shall coordinate with the Police Department through
the construction plan approval process to ensure that Crime
Prevention through Environmental Design Principals are carried out
2
Resolution 104, 2001
Meeting Date: July 5, 2001
Date Prepared: June 18, 2001
Petition SP -00 -26
(Planning and Zoning, Police Department).
(5) Prior to issuance of the first building permit, the applicant shall
revise all pertinent plans to address all minor outstanding comments
raised by the City Engineer. Said revisions shall be reviewed to the
satisfaction of the City Engineer (Planning and Zoning, City
Engineer).
(6) In the event the existing live oak adjacent to the proposed trash
compactor dies as a result of construction, then the applicant shall
be required to replace the tree with one of comparable size and
spread, prior to the issuance of the first Certificate of Occupancy
(City Forester).
(7) Prior to issuance of first building permit, the applicant shall provide
a letter from Seacoast Utilities Authority that all concerns have been
addressed regarding the °blanket° easement, as described in the
Bruce Gregg letter dated May 30, 2001 (City Engineer).
SECTION 3. Construction of the site shall be in compliance with the following
plans on file with the City's Growth Management Department:
1. May 24, 2001 Site Plan, Urban Resource Group, Sheet SP -1
2. May 24, 2001 Dimensional Layout Plan, Urban Resource Group, Sheets DI1 -DL5
3. May 24, 2001 Landscape Plans and Detail Sheet, Urban Resource Group, Sheets LA-
1 through LA-4.
4. May 23, 2001 Exterior Elevations, Preston Phillip Architects , Sheet RA-4.1
5. March 26, 2001 Exterior Elevations and Floor Plans, Preston Phillip Architects,
Sheets SK1 through SK -5.
6. March 26, 2001 Tenant Signage Exhibit, Preston Phillip Architects, Sheet SEH -1
7. May 24, 2001 Conceptual Utility and Drainage Plan, Urban Resource Group, Sheet
CUDP -1.
8. February 13, 2001 Existing Lighting Plan, Gee and Jenson, Sheet E1.
9. February 13, 2001 Revised Lighting Plan, Gee and Jenson, Sheet E2.
SECTION 4. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF 2001.
•
EXHIBIT "A"
•
0
Resolution 104, 2001
Meeting Date: July 5, 2001
Date Prepared: June 18, 2001
Petition SP -00 -26
I/,e6' C.B.S. WALL I 5' CbNC.WALK
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4'12"E 324.fi '
GAL DESCRIPTION: PARCEL 'A'
of land In the Northwest quarter of Section 19.
42 South. Range 43 East. Palm Beach County Florida.
ore particularly described as follows:
anmencing at the Northwest comer of said Section 19: thence
Pith 88' 01 16' East, along the North line of sold Section 19.
�e North line of Section 19 In assumed to hear South 88' 01'
East and all other bearings are relative thereto) a distance
408.24 feet to a point; thence South Ol' S8' 44' West a
stance of 100.00 feet to the Southerly Right -of -Way line of
rthlake Boulevard and the POINT OF BEGINNING of the
reinafter described parcel; thence South 88' 01' 18' East.
mg said Southerly Right -of -Way line, a distance of 430.00
st to a point: thence South 02' 04 1Y West. departing tram
ld Right -of -way line. a distance of 218.82 feet to a point:
once South 87' 55' 48' East a distance of 421.11 feet to a
int an a the parallel with and 80.00 feet West of the East
e of the West half of sold Northwest quarter of Section 19;
once South 02' 04' 12' West along sold parallel fine a
stance of 55.51 feet to a point: thence South 88' 01' 16'
st a distance of 10.00 feet to o point; thence South OY 04'
West a distance of 515.00 feet to o point; thence North 87'
is 48' West a distance of 456.00 feet to a point; thence South
" 04' 12' West a distance of 406.33 feet to a point; thence
uth 87' 55' 48' East a distance of 36.00 feet to a poht
once South 07 04' 12' West a distance of 385.00 feet to a
int thence South 87' 29' 22' East a distance of 430.00 feet
a point an the West Right- of-Why line of Sandtres Drive (as
w told out and in use} thence South 02' 04' 12' West along
Id Right -of -Way line. a distance of 74.16 feet to a point:
once North 87' 29' 22' West a distance of 100.00 feet to a
Int thence South 02' 04' 12' West a distance of 20.00 feet
a. point; thence North 87' 29' 2Y West a distance of 408.05
!t to a point thence North 33' 16' 24' West a distance of
7.79 feet to a point thence North 07 04' 12' East a
stance of 324.63 feet to a point thence North 87' 29' 22'
yet a distance of 230.00 feet to a point on the Easterly
iht -of -way the of Interstate 95; thence North 15' 00 20'
st, along sold Easterly Right -of -Way line, a distance of
&62 feet to a point on sold Southerly Right -of� -Way line of
ore Boulevard and the POINT OF BEGINNING.
Y--t -
o.
w
'W.G.-�
LESS AND EXCEPT the following described parcel:
A parcel of land In the Northwest Quarter of Section 19.
Township 42 South, Range 43 East. Palm Beach County. Florida.
Being more particulady described as follows
Commencing at the Northwest Comer of sold Section 19: thence
South 88' 01' 16' East, along the North line of said Section 19.
1th3 North ine of Section 19 is assumed to bear South 88' 01'
18' East and all other biia.4rigs are relative thereto) a
distance of 408.24 foot to a point; thence South O1' S8' 44'
West a distance of 100.0 feet to the Southerly R!pht -of -Way line
of Northlake Boulevard; thence South 88' 01' 16 East, along
sold Southerly Right -of -Way line a distance of 200.00 feet to a
point; thence South 01. 58' 44' West departing horn said
Right -of -wax line, a distance of 200.00 feet to a point; thence
South 88' Oi 16' East a distance of 200.00 feet to a point;
thence North 01' 511' 44' East a distance of 200.00 foot to a
point on sold Southerly Right -of -War the of Nothlake
Boulevard; thence South B8' 01' 16 East. along sold
Right- of-Way line, a distance of 451.11 feet to a point an a
line 80.00 feet Westerly of and parallel with the East line of
the West one -half of sold Northwest Ouarter of Section 19;
thence South 02' 04' 12' West a distance of 275.00 feet to a
Point thence South 88' 01' 18' East a distance of 10.00 feet
to a ht thence South 07 04' 12' West a distance of 515.00
feet the following 4 courses being along the Easterly and
Southerly boundary of Parcel 'B' of sold As -Bulltk thence
continue South 07 04 12' West a distance of 420.00 feet to a
thence South 01' 16' East o distance of 10.00 fact
to point 86' point; thence South OY 04' 12' West a distance of 374.85
feet to a point thence North 87' 29' 22' West a distance of
430.00 fact to the POINT OF BEGINNING of the hereinafter
described parcel; thence North 85' 48' 34' West a distance of
219.18 fact to a point in the Southwesterly One of said Parcel
W. sold line bearing North 33' 16' 24' West thence departing
from sold line North 02' 04' 12' East a distance of 302.35 fact
thence South 87. 55' 48' East a distance of 187.00 fact to a
point of Intersection with the West line of sold Parch 'e';
thence continue South 67' 55' 48' East (the fellow 2 courses
being along the Westerly boundary of said Parcel 'B a distance
of 36.00 fact thermos South 07 04' 1Y West a distance of
385.00 feet to the POINT OF BEGINNING.
1 i•'i
!2C L2
1 NEREB)
technical
Surveyor
adopted
effective
DATE �OF
Craig L
Professk
Florida
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M1 Vr f 1
295
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: July 50' 2001
Date Prepared: June 180'2001
Subject/Agenda Item
RESOLUTION: AMEND FEE SCHEDULE FOR FIRE RESCUE EMS TRANSPORTS
Recommendation/Motion:
Staff recommends approval of Resolution # 107, 2001 increasing EMS transport fees.
Reviewed by:
Originating Dept.:
Costs: $_0
Total
Council Action:
City Attorne
Fire Rescue
[ )Approved
h
Finance )
(EMS Div' 'on)
_l
$
[ ] Approved w/
ACM
Current FY
conditions
Human Res.
[ ] Denied
Other
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
[ X ] Not Required
[ ] Other
1) Resolution 125, 1994
2) Resolution 107, 2001
Submitted by:
3) Staff Report
Detp):2 ead
Affected parties
Notified
Budget Acct. #::
[ ] None
*an;aby
r
[ X ] Not required
BACKGROUND:
Fire Rescue EMS Transport fees have not been increased since the inception of the Fire Rescue EMS Division
(September 1994). Today, Palm Beach Gardens Fire Rescue charges less than most Palm Beach County EMS Providers
for these services. The proposed amendment will also meet the guidelines recently set forth by the Medicare Program
regarding emergency medical transport fees. Using current transport frequency and collection rate data, the rate change
should generate an additional $25,000 - $30,000 per year in income to the genera[ fund.
r�
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•
•
CITY OF PALM BEACH GARDENS
MEMORANDUM
Yn.
TO: Mr. Ron Ferris, City Manager DATE: June 18th 2001
FROM: Peter T. Bergel, Fire Chief-1-3rF!;7
SUBJECT: EMS Transport Fee Increases
Background: During the formation of the Palm Beach Gardens Fire Rescue
Emergency Medical Services (EMS) Division, the City Council (with input from a
citizen committee) agreed to institute a user fee based transport system. Since
that time (September 1994), EMS transport fees have not been increased.
Discussion: Today, Palm Beach Gardens Fire Rescue charges less (see
attached) than most Palm Beach County EMS Providers for these services. The
proposed changes will also meet the guidelines recently set forth by the
Medicare Program, regarding emergency medical transport fees. Using current
transport frequency and collection rate data, the rate change should generate an
additional $25,000 - $30,000 per year in income to the general fund.
Recommendation:
Staff recommends the increase in EMS Transport fees, as outlined in the
attached proposed resolution.
PTBIcrb
cc: Commander Brown
Files
AMBULANCE FEE SCHEDULE
Governmental Unit
Lake Park
North Palm Beach
West Palm Beach
Palm Beach County
Riviera Beach
Tequesta
Average Fee
Palm Beach Gardens (current)
Palm Beach Gardens (proposed)
•
Base Rate
Mileage
(includes Oxygen)
(Price Per Mile)
$400
$7.00
$310
$6.00
$340
$7.25
$325
$7.50
$356
$7.00
$315
$6.25
$341
$6.83
$298
$5.50
$340
$7.00
"EXHIBIT 1"
0 RESOLUTION 125, 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PA ?•M BEACH GARDENS, FLORIDA, ADOPTING A FEE
SCHEDULE FOR EMS TRANSPORT; AND, PROVIDING FOR
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. The City -of Palm Beach- Gardens, Florida, hereby
adopts the following rate schedule for EMS Transport:
BASE RATE
$275.00
OXYGEN
$22.50
MILEAGE
$5.50 Per Mile
Section 2. This Fee Schedule may be amended by adoption of a
subsequent Resolution by the City Council.
Section 3. Resolution shall be effective upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS 16' DAY OF SEPTEMBER, 1994.
MAYOR DAVID CLARK
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
BY:
•
APPROVED AS TO LEGAL FORM AND
SEUgF1Qy4CY.
!/ CITY ORNE
r
•
•
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION NO. 107, 2001
A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
AMENDING, THE FEE SCHEDULE FOR EMERGENCY MEDICAL SERVICES
(EMS) TRANSPORT AS ADOPTED BY RESOLUTION 125,1994; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHERAS, the City of Palm Beach Gardens, Florida maintains a
Certificate of Need and Necessity (CON), for the purpose of providing both Basic
and Advanced Life Support Emergency Medical Care and Transport, and
.WHEREAS, a user fee for these services has not been amended since the
adoption of Resolution 125, 1994 on September 15'' 1994, attached hereto as
"Exhibit I"; and
WHEREAS, recent changes in the Medicare Fee Schedule and local
reasonable and customary rates dictate that amended charges for Basic and
Advanced Life Support Transport be applied; and
WHEREAS, the City Council has determined the adoption of this
Resolution to be in the best interest of the citizens 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 "WHERAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made specific part of this Resolution.
Section 2. The City of Palm Beach Gardens, Florida, hereby adopts the amended
fee schedule for both Basic and Advanced Life Support Transports as follows:
Basic Life Support Emergency Transport
Advanced Life Support Emergency Transport
Specialty Care Emergency Transport
Oxygen
Mileage
$297.50
$340.00
$425.00
$27.50
$7.00 (per transport mile)
•
Reso. 107,20. 0 1
Page 2
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this
, 2001.
ATTEST:
CAROL GOLD, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR RUSSO
Vice Mayor Jablin
Councilwoman Furtado
Councilman Clark
Councilman Sabatello
day of
JOSEPH R. RUSSO MAYOR
AYE NAY ABSENT
r
L_
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: July 5, 2001
Date Prepared: June 25, 2001
CONSIDERATION OF APPROVAL: Resolution 108, 2001 to appoint three (3) members and
reappoint one (1) member to the Beautification and Environmental Committee.
RECOMMENDATION: Staff recommends approval of Resolution 108, 2001.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
Principal Planner_
Growth Management
[ ] Approved
Karen M. Craver P
Project
$
[ ] Approved w /cc ai..
City Attorn
Manager
FY
Finance NA
Mark Hendrickson
[ ] Denied
Advertised:
Human Res. NA
Funding Source: NA
[ ] Continued to:
Attachments:
Date:
[ ] Operating
• Resolution 108,2001
Paper:
[ X ]Not Required
[ ] Other NA
• Richard Mulligan
application
Submitted by:
• William Olsen application
• Richard Beladino
application
Growth Management Director
Affected parties
Budget Acct. #::
Charles K. Wu, AICP
x ] Notified
NA
[ ] None
Approved by:
City Manage
( ] Not required
Ronald Ferris
BACKGROUND
Pursuant to Division 2, entitled `Beautification and Environmental Committee," there are nine
regular members of the Committee, and members shall serve for terms of three years. There are
currently five members and four positions vacant. The proposed resolution will fill three out of four
vacant positions. Attached are applications forms by Richard Mulligan, William Olsen and Richard
Beladino. According to City records, Ms. Donna M. Wisneski term expired June 16, 2001. The
proposed resolution reappoints Ms. Wisneski to the Committee.
RECOMMENDATION
Staff recommends approval of Resolution 108, 2001.
302
0 RESOLUTION 108 2001
June 25, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPOINTING THREE (3) MEMBERS
AND REAPPOINTING ONE (1) MEMBER TO THE BEAUTIFICATION
AND ENVIRONMENTAL COMMITTEE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 2 -102 of the City of Palm Beach Gardens Code of Ordinances
provides for the appointment of nine members to the Beautification and Environmental
Committee; and,
WHEREAS, the term of a member of the Beautification and Environmental
Committee expired June 16, 2001: and,
WHEREAS, the City Council desires to fill the vacancies.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council hereby appoints ,
and
reappoints Donna M. Wisneski as members of the Beautification and Environmental Committee
for three (3) year terms, which terms of office shall expire on July 5, 2004.
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF JULY 2001.
JOSEPH R. RUSSO, MAYOR
ATTEST:
CAROL GOLD, CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER CLARK
COUNCILMEMBER FURTADO _
COUNCILMEMBER SABATELLO
•
r1
Ao
CITY OF PALM BEACH GARD � E I
I
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 334 -4 8 NO d J ?j
City of Palm Beach Gardens i�
APPLICATION FOR POSITIONS ON ADVISORY W,AftrNC OffiCe
Please print in Black Ink L
Board(s) Applied for �c_r� u t /�, C,4-�r o .�
Name: (PrinrJ��eA K 4 I• o III CA, w
Telephone: Day (0942-k65 (� Evening
Home Address: !o /Qd A/0- 7y,% 444iG
How long have you been a resident of Palm Beach Gardens? Palm Beach County?
Current Employer: Position: Akseex
Please attach a resume to your application or use space below to summarize qualifications and experience
acquired that would be helpful to the Board(s) for which you are applying.
Special Qualifications for specific board(s) (include past board experience)
o4 euY ,-4, '(?Sea-ti e-atj y 4v e-s ka-q- • hlo- `itve S erred o,, J,ar,.,V CefJYn n,,;
61"er- / t /- ea,. -s . X h-o, e, -C WI,:. .0 /� res , �ol eA -c. S ae s 4-1 00bs .
- 5�� -�''e m o='7 �-�c �- �- f- /� -►1d� sari. y, ss, �.� a 4 d-�;�- -A� IiAa %0.1.1 1
S l/U /urt -f a Qs-- c.�f �. ��� �Z �e noc�i{s ,f-Gt� a.. /L 6� Al �"�'i
-JvSa Z.
Educational Background
411111, .e Cm I-Q� 1EVa7-k IJS. �O . ilk, /,f•¢•.,5,
Community Activities (Include offices held and committee service) ,¢in .4 Z//
Me
/ !f
�� J . _ dlv�- & S C Pn4-,t p f-??.a ,I , #e,;.- TV �� �a
Signatur����l.�l�f� Date
4
Applications are valid for two (2) years from the date they are signed. Return to City
Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410.
j CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698
City of Palm Beach Gardens
APPLICATION FOR POSITIONS ON ADVISORY BOARD (S)
Please print in Black Ink
Board(s) Applied for:
Name: (Print) Wit k t A w\ ` . O LS E'er
Telephone: Day(G rO G2-2--3-367 Evening
Home Address: '3894- `L oTT f'e CO P Qi p_ w , P OG) _ FL
How long have you been a resident of Palm Beach Gardens? 33irs Palm Beach County? I(-.ZY-J
Current Employer: t2 E -r 1 eE 16 Position:
Please attach a resume to your application or use space below to summarize qualifications and experience
acquired that would be helpful to the Board(s) for which you are applying.
Special Qualifications for specific board(s) (include past board experience)
d PF WtT lfJtJS pPAC -�2R�n \NN%M �C:Cc. 1�a '. cQ1 �8 . �B whd ,
Vl u v v
• p V
Educational Background }{�, %s ' �� C X .. Va•T&
ws
Community Activities (Include offices held and committee service)
Signatureil,� -- IO N A O--.. Date 12,9 /0 0 _
Applications are valid for two (2) years from the date they are signed. Return to City
Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410.
sCity of Palm Beach Gardens
APPLICATION FOR POSITIONS ON ADVISORY BOARD (S)
Please print in Black Ink
Board(s) Applied for: C%✓•� //� � � /Y1 M I 7 j�E
Name: (Print) �! L'' ly�2A 13 iU EI- Iq Q / N()
Telephone: Day S6 �
�- 1,1r-0 /3 q Evening cr�1l ��7�f = 40 /,39
Home Address: /O5-S J n /hW/� OAe-f e //2 ZF PAki &Ac H (94f', FL 33VIO
How long have you been a resident of Palm Beach dens? 9 C!/t'S Palm Beach County? q y /j f
Current Employer: &7-1ioen - l/ /C� Beach
V CF / AR(IO" A)
19H1VIrO F /10-0 FA)Y A)D
Please attach a resume to your application or use space below to summarize qualifications and experience
acquired that would be helpful to the Board(s) for which you are applying.
(,euA74 e,0 011
S ial Qualifications for specific board(s) (include past board experience) Fv/ Of- J /,t�� /6YY-4 '
At E &) e9N,9AA) e,T e lhm &2 ar Oelvlo)uc�. C Ai3c
A, -,�� c NON c�E Nzu ego ,9,9w CT I A) mogAti eommuN / -ry r*)x30,q,
AW ewlm,.J eT- UN i -zo km . i.( tire- Ilr.�in � vv : N, u 14o/1Szs
coV,ve 1 s llp, rpc 1FV1' 1XVtiVy !� / /�S'g .O/1AOX; AJN A✓JUi4i)4y
y e 7U., y,
Educational Background D Il � d L.E �efh tJA ,E1c
�NG�fi'N,P,F* .5�1'�rr,�aF F4c 14'n T d'cil ���- /��4LM A/JNU l7-' orJRQ,,
inni(uu jivi�(Include offices held and committee service)
19R1g AJ4 J AEA+ l.1,5a 9I)A C.(94"9XW
AV,oet;V1- d x)
Signature &'j- Date p2 / %/v
Applications are valid for two (2) years from the date they are signed. Return to City
Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410.
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: _ 06/25/01
Meeting Date: 07/05/01
Subject/Agenda Item
Resolution 111, 2001, adopting a proposed maximum millage rate.
Recommendation /Motion:
Consider a motion to approve Resolution 111, 2001.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
(Total)
City Attorney
Finance
[ ] Approved
$
[ J Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
( ] Operating
Paper:
( ] Not Required
( X ] Other
Memorandum
Submitted by:
Kent R. Olson Kkb
Finance Director
Affected parties
Notified
Budget Acct. #:
[ ]None
Approv by:
City nag r
[ X ] Not required
BACKGROUND: See attached memorandum.
.1
CITY OF PALM BEACH GARDENS
• ® MEMORANDUM
TO: Ronald M. Ferris, City Manager DATE: June 25, 2001
FROM: Kent R. Olson, Finance Director KR Q
SUBJECT: Resolution 111, 2001, Maximum Proposed Millage Rate
BACKGROUND
The City is required to file with the County Property Appraiser and Tax Collector
a maximum millage rate that will be sent out on the Notice of Proposed Taxes in August.
The 2001 -02 Budget that we have discussed individually with the Council reflects a
proposed operating millage rate of 6.0059 based upon the June 1, 2001 preliminary
report of taxable value of $3.924 billion which was distributed by the Property Appraiser
on June 1, 2001. The overall proposed millage rate, which includes debt service, is
6.0429, a 23.7% increase over last year's rate of 5.1748. The final taxable value for 2001
will be distributed July 1. The July 1 taxable value is typically a little higher than the
June 1 estimate.
DISCUSSION
We need to decide the operating millage rate to file with the County. Once we
have filed with the County, these rates are the maximum that can be levied; they can be
lowered at the budget hearings, but they cannot be increased.
RECOMMENDATION
Staff recommends approval of Resolution 111, 2001, setting the maximum
proposed operating millage rate at a rate to be determined upon our July 1, 2001 assessed
value.
E
•
•
RESOLUTION 111, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, ADOPTING A PROPOSED MAXIMUM MILLAGE RATE
FOR THE CITY OF PALM BEACH GARDENS FOR FISCAL YEAR 2001/2002;
SETTING THE DATE, TIME AND PLACE OF THE FIRST BUDGET HEARING;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, must
determine a proposed millage rate within 35 days of July 1 as required by
Section 200.065, Florida Statutes;
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, must
set the time, date and place of the first public hearing on the budget within 35
days of July 1 as required by Section 200.065, Florida Statutes; and
WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, must
notify the County Property Appraiser of the proposed millage rate and the time,
date and place of the first public hearing on the fiscal year 2001/2002 Budget
within 35 days of July 1, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Section 1.
herein.
Section 2.
is mills.
Section 3.
shall be at 7:00 p.m
Council chambers.
The foregoing recitals are hereby ratified and incorporated
The Fiscal Year 2001/2002 proposed operating millage rate
The first public hearing on the Fiscal year 2001/2002 Budget
. on September 4, 2001, in the City of Palm Beach Gardens
Section 4. If any section, sentence, clause or phrase of this Resolution
shall, for any reason, be held to be invalid or unconstitutional by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Resolution, which shall remain in full force and effect.
Section 5. All Resolutions or parts of Resolutions of the City of Palm
Beach Gardens, Florida, which are in conflict with this Resolution are hereby
repealed to the extent of such conflict.
•
•
Section 6. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED this 5th Day of July, 2001.
ATTEST
CAROL GOLD, CMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER FURTADO
COUNCILMEMBER CLARK
COUNCILMEMBER SABATELLO
0 L:\kent \ordinances &resolutions \TRIM
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY
WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
AYE NAY ABSENT
0
0 XII. ITEMS FOR COUNCIL ACTION:
a. July 19, 2001 Regular City Council Meeting.
•
•
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: July 5, 2001
Date Prepared: June 15, 2001
SUBJECT /AGENDA ITEM
ITEM FOR DISCUSSION — LEGAL NONCONFORMITIES
A discussion of legal nonconforming uses within the City of Palm Beach Gardens, and the
upcoming date (August 18, 2001) by which all legal nonconforming uses must be
eliminated from the City.
RECOMMENDATION
Staff recommends the removal of the language from the City's Land Development
Regulations (LDRs) and Comprehensive Plan regarding a date certain (August 18, 2001)
by which all legal nonconforming uses must become conforming or be removed.
Reviewed by:
Originating Dept.:
,Growth Management:
FINANCE: NA
City Council Action:
[ ] Approved
Principal Planner
Karen M. Craver,
Costs: $
[ ] App. w/ conditions
Project
Total
( ] Denied
City Attorney_ _
Manager
[ ] Rec. approval
Leonard Rubin
John in Wn
$
[ ] Rec. app. w/ conds.
Finance NA
Current FY
[ ] Rec. Denial
[ ] Continued to:
Human Res. NA
Funding Source:
[ ] Operating
[ ] Other.
Submitted by:
Advertised:
Attachments:
Growth
Mana e e
g
Date:
( ] Other
• Ordinance 26, 1999
• Letter from City
Director �Q�l�/Lh - .
Paper:
Attorney dated 5/18/01
Charles K. Wu, AICP
o LDR language
[X] Not Required
Budget Acct. #:
regarding
nonconformities
Approved by:
City Manager
• Comprehensive Plan
Affected parties:
Ron Ferris
[ ] Notified
Language regarding
nonconformities
[X] Not Required
[ ] None
0 1 /
-0
0 City Council
Meeting Date: July 5, 2001
Date Prepared: June 15, 2001 -
Item for Discussion: Nonconformities
HISTORY
•
In 1994, the City revised the Land Development Regulations (LDRs) and Comprehensive
Plan to address all legal nonconformities within the City of Palm Beach Gardens. All legal
nonconformities were given seven (7) years from August 18, 1994, to come into
compliance. On June 17, 1999, the City adopted Ordinance 26, 1999 which eliminated the
date certain (August 18, 2001) by which all legal nonconforming lots, structures, buildings,
premises, and uses of premises or structures had to become conforming or be removed
from the City. Ordinance 26, 1999 was codified, but was not included when the City's
consultants recently revised the LDRs. Therefore, the changes made by Ordinance 26,
1999 must be brought back to City Council for re- approval. This item will be part of
Planning and Zoning Staffs upcoming code revisions scheduled to be reviewed by the
Planning and Zoning Commission and City Council in the very near future.
The LDR language regarding the date certain all legal nonconforming uses had to come
into compliance was not addressed by Ordinance 26, 1999, because this language is also
in the City's Comprehensive Plan and was strongly supported by the Florida Department
of Community Affairs (DCA) at the time. With the August 18, 2001 deadline quickly
approaching for the elimination of legal nonconforming uses, the City is now faced with a
decision of how these nonconforming uses should be handled, and /or whether the
language in the Comprehensive Plan should be revised.
EXISTING NONCONFORMING USES
Currently, Staff is aware of three legal nonconforming uses:
1. Hilltop Mobile Home Park at Northlake Boulevard and Congress Avenue
2. Bonnet Hunt Club on the north side of Mirasol abutting Hood Road
3. The stables on the Brigger Tract located on either side of Interstate Highway 95,
between Donald Ross Road and Hood Road.
LEGAL COMMENTS
City Attorney Len Rubin has reviewed the matter and has raised legal concerns regarding
the enforcement of the provisions of the Land Development Regulations. As discussed in
the attached memorandum, the elimination of existing nonconforming uses may, under
certain circumstances, constitute a taking of property without just compensation unless
certain safeguards are followed and certain requirements are met.
2
•
STAFF RECOMMENDATION
City Council
Meeting Date: July 5, 2001
Date Prepared: June 15, 2001 -
Item for Discussion: Nonconformities
Based on the comments from the City Attorney, Staff recommends that the Council direct
Staff to begin the process to remove the date certain language from the City's LDRs and
Comprehensive Plan.
grohn: nonconformities =3
•
•
3
0
ORDINANCE 26,1999 May 10, 1999
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN
AMENDMENT TO THE PALM BEACH GARDENS CODE OF
ORDINANCES - BY AMENDING ARTICLE VIII,
NONCONFORMTI'IES SECTION 118 -611, 118 -6129 118 -613,
118 -614, 118 -615, 118 -616; PROVIDING FOR CODE
REVISIONS TO ALLOW FOR NEW DEFINITIONS;
PROVIDING FOR CRITERIA FOR NORMAL
MAINTENANCE, ALTERATION OR EXPANSION,
RELOCATION, AND RESTORATION OF NON-
CONFORMING STRUCTURES OR BUILDINGS,
NONCONFORMING USE OF PREMISES OR STRUCTURES
AND PREMISES IN COMBINATION; PROVIDING FOR A
REPEAL OF ALL ORDINANCES OR PARTS TNFREOF IN
CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council desires to amend the section of the Code of Ordinances
regulating nonconformities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Section 118 -611 of the Code of Ordinances of the City of Palm Beach
Gardens, Florida, is hereby amended to read as follows (added words pnderlined; deleted words
struck):
Sec. 118-611. Intent pf article.
Where there exists lots, structures, premise$ or uses of land within the districts established
by this chapter which were lawful before August 18, 1994, but which would be prohibited, regulated,
or restricted as of August 18, 1994, these lots, structures, or uses may continue as legally
nonconforming lots beyond seven years from August 18, 1994, provided the city council determines
that the existing nonconforming lot, structure, or use is compatible with surrounding properties. The
city council may require modifications to the property or impose conditions upon the nonconforming
lot, structure, or use to bring it more into compliance with the comprehensive plan and land
development regulations.
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(Code 1987, § 159.120)
$l;CTTQN 2, Sections 118 -612 through 118 -616 are hereby repealed in their entirety and
replaced with the following new sections:
Sec. 118- 612 pef nitions
Dimensional nonconformity. The failure of a lot, premises or structure or anv combination
thereof to comply with one or more .of the followine standards established in this chapter:
M- ralnimm building site area and width
(2) minimum building setback
(3) maximum building lot coveraee_
(4) maximum building height
(,,.5 maximum floor area ratio
(6) minimum open space
(7) other maximum and minimum limitations.
Nonconforming structure or building. Structure or building which. by of dimensional
nonconformity. fails to comply with a provision of this chapter.
Nonconforming use of structure and premises in combination. A structure. building. site
element lot or dimensiop_of lid, of anv combination thereof. which was not prohibited when
commenced or constructed but which fails to meet the reouirements of this chapter.
2
JVonoonforming vremises. Premises which are nonconforming to the present requirements
of this chapter due to non - structural site elements. including, but not limited to the following;
(1) Required parking and igading spaces:
(2) Required dvmpster or other trash receptacle space;
(3) Vehicle $tacking reauirements:
(4) Required access Janes
5(•..) Required screening. landscaping and related site improvements;
(6) Pedestrian circulation requirements:
(7) Reauired signs:
(8) Required lighting: or
(9) Other site improvement requirement$
Sec. 118 -613. Nonconforming lots of record.
Where a lot of record exists which was platted and recorded in the office of the clerk of the
circuit court of the county prior to August 18, 1994, and which lot does not conform to the lot area
or width requirements -for the zoning district in which it is located, the lot may be used for any use
permitted in district, provided all other density and land development regulations are met. Such lots
must be in separate and not of continuous frontage with other lots in the same ownership. Further,
no use that requires a greater lot size than the established Tninimum-lot size for a particular district
is permissible on a nonconforming lot.
(Code 1987, § 159.121)
Sec. 118 -614. Nonconforming uses of land.
Where, on August 18, 1994, or on the date of amendment of this chapter lawful use of land
exists and such use would no longer be permissible as of August 18, 1994, such use may be
continued for a period of seven years from August 18, 1994, so long as the use otherwise conforms
with this chapter, subject to the following:
(1) No nonconforming use shall be enlarged, increased, or expanded to occupy a greater area of
land than was occupied on August 18, 1994. No additional structure not conforming to the
requirements of this chapter shall be erected in connection with such nonconforming use,-
(2) No nonconforming use shall be moved in whole or in part to another portion of the lot or
parcel occupied by that use on August 18, 1994.
(3) If any nonconforming use of land ceases for any reason for a period of more than six
consecutive months, any subsequent use of the land shall conform to the regulations for the
district in which the land is located.
(Code 1987, § 159.122)
3
* Sec. 118 -615. Nonconforming structures or buildings.
Where a lawful strucWre. building or improvements existed as of August 18. 1994. such that
it cannot now be built pursuant to this chapter by reason of restriction on dimensional characteri$tics
of the structure or building, the structure or building mav be continued so long as it remains
otherwise lawful. subiect to the following:.
Normal maintenance, Normal maintenance or repair to hermit continuation of a
nonconforming structure may be performed in anv period of twelve consecutive
months. as well as repair or replacemealt of nonbearing walls. fixtures. wirine or
plumbing. to an extent not exceeding twenty percent (20 %) of the current assessed
value of the structure.
(2) Alteration or expansion. A nonconforming structure or building may be altered or
expanded subiect to approval _of the Zoning Board of Appeals (ZBA). In making such
a determination, the ZBA must find that the alterations and expansions provide for
All of the following:
.a.- Deduce the impact of the nonconformity:
b Do not create additional structures or uses prohibited in the Zoning_ District:
and
*C. Shall not incur a cost in excess of 5p% of the value of the structure or
building within a 12 month period.
(3 . Relocation. A nonconforming structure shall not be moved. in whole or in hart. to
another location on or off the parcel of land in which it is located. unless it conforms
to the standards and requirements of the Zoning District in which it is located.
(4) ]damage and Restoration of nonconforming structures or buildings. If such structure
or improvement is destroved by any means to an extent of 50 percent or more of its
appraised value. it shall not be reconstructed excent in conformitv with this chapter.
Sec, 118 -616. Nonconforming use of premises or structure and premises in combination.
If a lawful use of premises or a structure -and premises in combinatiom exists on August 18.
1994 that would not be allowed in the district under the terms of this chanter. the lawful use mav be
continued so long as it remains otherwise lawful and meets all other land development regulations.
subiect to the following:
(1) Normal maintenance. Normal maintenance or repair to permit continuation of
nonconfonmina premises or structure and premises in combination mav be performed
in any period of twelve consecutive months. as well as renair or replacement of
nonbearing walls. fixtures. wiring or plumbing. to an extent not exceeding twenty
4
•
percent (20 %) of the current asse$$ed value of the structure.
41teratiQn pr expansipn. Nonconforming premises or use of structure and,premi$e$
in combination may be altered or expanded upon approval of the Zoning Board of
Appeals (ZBA). Such alterations or expansion shall be found by the ZB.A to:
a. P educe the impact of the nonconfounity. except where the increase of certain
nonconformities reduces the impact of another nonconformity found to have
a greater negative impact on the public health. safety. and general welfare;
b po pot create additional premise features or structures and n_ remises in
combination prohibited in the Zoning District; and
C. Shall not incur a cost in excess of 50% of the value of the structures and
premises in combination v4thin a 12 month period.
pamage and Restoration. If such use of premises or use of premises and structure in
combination are destroyed by any means to an extent of 50 percent or more of its
appraised value, it $ball pot be reconstructed except in conformity with this chapter,
(41 piscontinuance, When a nonconforming use of premises or use of structure and
premises in combination is discontinued or abandoned for six consecutive months.
the nonconforming use of premises or structure and premises in combination shall
pot thereafter be used except in conformance with the regulations of the district in
which it is located.
Sec. 118 -617. Repairs and maintenance.
Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe
condition of any building or part thereof.
if'l -A- 11 no- r ICn »c'%
tvvuv Le U I , y a ✓i.ar.✓J
SECTION 3. All ordinances and resolutions of the City, or any part thereof, which are in
conflict with this ordinance are hereby repealed.
SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph,
sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such
declaration shall not affect the validity of the remainder of this ordinance, but only that part declared
to be invalid.
SECTION 5. The City Clerk is hereby directed to ensure that the contents of this ordinance
be codified as part of the City Code of Ordinances.
SECTION 6. This ordinance shall be effective upon adoption.
5
•
•
Zoe
PLACED ON FIRST READING THIS .,, DA OF� 99.
PLACED ON SECOND READING T S AY OFL/n��_
PASSED AND ADOPTE THIS / 7 A OF
v
'1999.
, 1999. ,
VICE MAYOR LAUREN FURTADO
DAVID C:LAKK
ATTEST: APPROVED AS TO LEGAL FORM AND
LINDA V. KOSIER, CMC, CITY CLERK SUFFICIENCY.
l CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO -�
VICE MAYOR FURTADO ./
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
G: \Short Range \txt9908.ord2.wpd
N
i/
+� MEMORANDUM
WATTERSON, HYLAND & KLE I 1, P.A.
To: Charles Wu, Growth Management Director
�-
From: Leonard G. Rubin, City Attorney
Re: Elimination of Nonconforming Uses 0W,
;_. QO
File No: 319.060 1�
Date: May 18, 2001 N�NG
cc: Ronald Ferris, City Manager —
You requested that I review the provisions of the City's Comprehensive Plan ( "Comp Plan ")
and Land Development Regulations ("LDR's") pertaining to the elimination of
nonconforming uses and structures. Specifically, you asked whetherthe City could enforce
the seven year limitation on the existence of nonconforming uses set forth in Policy 1.1.5.8
of the Comp Plan, as implemented by Article VI of the City's LDR's. Article VI requires that
all nonconforming uses of land, structures and improvements, and uses of structures or
premises existing on August 18, 1994 be eliminated by August 18, 2001, unless
specifically approved by the City Council. Pursuant to section 314 of the LDR's, all lots,
structures or uses rendered nonconforming by amendments to the LDR's made after
August 18, 1994 must be eliminated within seven years of the date of amendment, unless
specifically approved by the City Council.
Generally, the application of a zoning regulation to restrict an existing use of property,
resulting in the substantial diminishment of its value, may constitute a "taking" by the
governmental agencywhich requiresthe paymentof compensation underwell- established
principles of constitutional law. Lewis v. City of Atlantic Beach, 467 So. 2d 751 (Fla. 1St
DCA 1985). To avoid this consequence, zoning regulations generally "grandfather" the
continuation of existing nonconforming uses or structures on the property. By the same
token, the termination of a "grandfathered" use can constitute a compensable taking unless
the basis of such termination accords with applicable legal principles. 3M National
Advertising Co. v. City of Tampa Code Enforcement Board, 587 So. 2d 640 (Fla. 2"d DCA
1991).
The general rule is that nonconforming uses may be eliminated by attrition, abandonment,
and acts of God. Lewis, 467 So. 2d at 755. While Florida law does recognize the
elimination of nonconforming uses by amortization, the only reported cases upholding the
uniform application of a set amortization period apply to the elimination of billboards and
signs. See Lamar Advertising Associates of East Florida, Ltd. v. City of Daytona Beach,
450 So. 2d 1145 (Fla. 5' DCA 1984). The amortization period must be reasonably long
enough to allow the owners of the properties rendered nonconforming to recoup their
Charles Wu, Growth Management Director
Page 2
May 18, 2001
investment.' Consequently, the length of the amortization period must take into account
a number of factors, ranging from the type of use to the type of construction. For example,
the amortization periods for specialized industrial uses and brick high -rise buildings would
be far longer than for typical commercial uses and low -rise warehouses.
Based on the foregoing, municipalities cannot impose a "blanket" amortization period
applicable to all nonconforming uses and structures without violating the various
constitutional and statutory protections afforded property owners. Additionally, any
amortization ordinance must not only take into the account the type of use and structure,
but also contain provisions for notice and the recording of such notice so that prospective
purchasers and mortgagees know of the application of the ordinance. Hagman and
Juergensmeyer, Urban Planning and Land Development Control, § 4.35 (2nd Ed. 1986).
At the time the City adopted its amortization ordinance, it neither took an inventory of the
existing nonconforming uses and structures nor notified individual property owners that the
amortization period had begun to run. Additionally, as set forth above, the City imposed
a blanket seven year amortization period for all nonconformities without regard to the type
of use or type of structure. Consequently, the termination of existing "grandfathered" uses
and structures would likely constitute a taking for which the property owner must be paid
just compensation.
In light of the foregoing, the City has essentially two options. First, it may take the more
traditional and conservative approach to nonconformities and allow all "grandfathered"
nonconformities to continue until they are abandoned or destroyed or until the property
owner wishes to modify the use or structure, at which time he or she will be required to
meet all current standards. This may be accomplished by merely deleting the seven year
amortization period from the Comp Plan and LDR's.
In the alternative, the City may conduct an inventory of all nonconformities within the City
and create an amortization "schedule" for different types of nonconforming uses, structures
and lots. The respective amortization periods could not begin to run until such time as the
property owners are provided sufficient notice. Even if the City were to take all appropriate
steps to allow property owners to recoup their investment, the City may still be subject to
lawsuits alleging a taking or a violation of Florida's Bert J. Harris Private Property Rights
Protection Act. The Bert Harris Act creates a cause of action and remedy that allows for
private property owners to be compensated by a governmental agency that inordinately
burdens, restricts, or limits an existing or vested use of real property.
' By way of example, section 124 of the City's LDR's provides for a ten year
amortization period for nonconforming signs within the City.
Charles Wu, Growth Management Director
Page 3
May 18, 2001
Either of the two alternatives outlined above will require the City to amend both its Comp
Plan and LDR's. Consequently, the City Council will be required to make a policy decision
as to which avenue the City should pursue. Such policy direction should be provided prior
to the expiration of the initial seven year amortization period on August 18th of this year.
Should you have any additional questions relative to the foregoing, please do not hesitate
to contact me.
P . \CPWin\h11STORY\010515A\441.4B (319.060)( #75)
•
. ARTICLE VI. NONCONFORMITIES
Sec. 310. Intent of article.
(a) Lawful nonconformities established.
Where there exist lots, structures, or uses of land and structures within the zoning districts
established by this division which were lawful before August 18, 1994, but which would be
prohibited, regulated, or restricted as of that date, these lots, structures, or uses of land and
structures may continue for up to seven years from August 18, 1994, or as otherwise provided
by the comprehensive plan.
(b) Continuation of lawful nonconformities.
(1) Continuation permitted. Lawful nonconformities may continue beyond seven years from
August 18, 1994, as provided herein, or as otherwise provided by the comprehensive
plan.
(2) City council approval. Nonconformities may continue provided the city council
determines that the existing nonconforming lot, structure, or use is compatible with
surrounding properties.
(3) Nonconformities review process.
a. Development review process. The growth management director shall establish a
development review process for applications to continue the use of lawful
nonconformities. The development review process shall include an advisory
recommendation by the planning and zoning commission.
b. City council action. As part of development review, the city council may require
modifications to the property or adopt conditions to increase compliance of the
nonconforming lot, structure, or use with the comprehensive plan and land
development regulations. Modifications or conditions the city council may impose
include, but are not limited to, the following:
1. installation of additional landscaping;
2. installation of additional parking;
3. removal or modification of signs;
4. installation of additional screening and buffering;
5. change location of dumpsters, recycling containers, and related equipment;
6. alter hours of operation; and
7. alter outdoor or security lighting.
(c) Expansion of nonconformities.
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a
structure and land shall not be expanded, extended, or enlarged after the effective date of this
Palm Beach Gardens/Udd Development Regulations
Adopted July 20, 2000 381
r
Article V1. Nonconformities
Sec. 311.Nonconforming lots of record.
chapter by attachment on a building or premises of additional signs or by the addition of other
uses of a nature which would be prohibited in the district involved.
Sec. 311. Nonconforming lots of record. " ' -
If a lot of record exists which was platted and recorded in the office of the clerk of the circuit court of
Palm Beach County prior to August 18, 1994, and does not conform to minimum area or
dimensional requirements for the zoning district in which it is located, the lot may be used for any
use permitted in the district. A lot of record must comply with other density and land development
regulations of the zoning district. Lots of record must be held in separate ownership and cannot help
form or be part of a continuous frontage with other lots held in the same ownership.
Sec. 312. Uses with minimum lot sizes.
Any use which requires a minimum land area or lot size shall not be located on a lot of record unless
the lot of record complies with the minimum land area requirement.
Sec. 313. Nonconforming uses of land.
If, on August 18, .1994, a legal use of land exists and such use would no longer be permissible after
that date, such use may be continued for a period of seven years from August 18, 1994, or as
otherwise may be provided by the comprehensive plan. The use shall comply with all requirements
of this chapter, and is subject to the listed below.
(a) Expansion.
A nonconforming use shall not be enlarged, increased, or expanded to occupy a greater area of
land than was occupied on August 18, 1994. Additional structures that do not comply with the
requirements of this chapter shall not be erected in connection with such nonconforming use.
(b) Relocation of structures.
A nonconforming use shall not be moved in whole or in a part to another portion of the lot or
parcel occupied by that use prior to August 18, 1994.
(c) Cessation of use.
If any nonconforming use of land ceases for any reason for a period of more than six
consecutive months or for 18 months in three consecutive years, any subsequent use of the
land shall conform to the regulations of the district in which located.
Sec. 314. Nonconformities after August 18, 1994.
Any lots, structures or uses which were made nonconforming by virtue of an amendment to the city's
land development regulations after August 18, 1994, shall comply with the requirements of this
article.
(a) Continuation permitted.
Lawful nonconformities may continue beyond seven years from the effect date of the
amendment to the land development regulations which rendered the lot, structure, or use a
legal nonconformity.
382
Palm Beach Gardens nd Develo s
Adopt
. t
•
Article Vl. Nonconformities
Sec. 315. Nonconforming structures and improvements.
(b) Development review process.
Nonconformities subject to this article may apply, pursuant to section 310, for continuation as a
nonconforming lot, structure'or use.
(c) Applicability.
All portions of this article shall apply to nonconformities created after August 18, 1994.
Sec. 315. Nonconforming structures and improvements.
If a, lawful structure or improvement existed as of August 18, 1994, and the structure or improvement
would not be permitted due to changes or restrictions on area, lot coverage, building height,
required yards, type or amount of landscaping, or other characteristics of the structure or its location
on the lot, the structure or improvement may be continued indefinitely. In order to continue
indefinitely, the structure or improvement must remain consistent with all applicable land
development regulations, and is subject to the additional standards listed below.
(a) Normal maintenance.
Maintenance shall not exceed limits established in section 317.
(b) Expansion.
A structure or improvement may not be expanded, enlarged, or altered in a way which
increases its nonconformity. A nonconforming structure or improvement may be expanded if
the expansion is consistent with all requirements of this division, subject to approval by the
BZA. The expansion may be approved subject to the following standards:
a. the expansion will reduce the impact of the nonconformity;
b. the expansion will not create additional structures or uses prohibited in the zoning
district; and
c. the value of the expansion does not'exceed fifty percent (50% of the value of the
structure or improvements.
(c) Destruction.
If a nonconforming structure or improvement is destroyed by any means to an extent of fifty
percent (50%) or more of its assessed value as determined in the latest tax Palm Beach County
tax roll, the structure or improvement shall not be reconstructed except in conformity with this
division.
(d) Relocation.
A nonconforming structure or improvement shall not be relocated or moved in whole or in a
part to any other portion of the lot or parcel occupied by that structure after August 18, 1994.
(e) Cessation of use.
If any nonconforming use of a structure ceases for any reasorrfor a period of more than six
consecutive months or for 18 months in, three consecutive years, any subsequent use of the
structure shall conform to the regulations of the district in which located.
Palm Beach GardecklLaW Development Regulations
Adopted July 20, 2000
383
1
Article VI. Nonconformities
Sec. 316.Nonconforming uses of structures or premises.
Sec. 316. Nonconforming uses of structures or premises.
SIf a lawful use of a structure or of a structure and premises in combination existed on August 18,
1994, that is not permissible in the zoning district under the terms of this chapter, the lawful use may -
be continued for a period of seven years from August 18, 1994. The use may continue so long as it
remains otherwise lawful and meets all other land development regulations, including &-standards
listed below.
(a) Expansion.
An existing structure devoted to a use not permitted by this chapter in the zoning district in
which it is located shall not be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in the district
in which it is located. A nonconforming structure or improvement may be expanded if the
expansion is consistent with all requirements of this chapter, subject to approval by the zoning
board of appeals. The expansion may be approved subject to the standards of section 30.
(b) Normal maintenance.
Maintenance shall not exceed limits established in section 317.
(c) Supersession.
Any structure or structure and land in combination in or on which a nonconforming use is
superseded by a permitted use shall thereafter conform to the regulations for the district in
which the structure is located, and the nonconforming use may not thereafter be resumed.
(d) Cessation of use.
When a nonconforming use of a structure or structure and premises in combination is
discontinued or abandoned for six consecutive months or for 18 months in three consecutive
years, the structure or structure and premises in combination shall not thereafter be used except
in conformance with the regulations of the zoning district in which it is located.
(e) Removal or destruction.
If nonconforming use status applies to a structure and premises in combination, removal or
destruction of the structure shall eliminate the nonconforming status of the land.
Sec. 317. Repairs and maintenance.
Normal maintenance or repair of a nonconforming structures or structures where nonconforming r
uses are located may be performed during any calendar year provided that the value of
improvements do not exceed twenty percent (20°x) of the assessed value of the structure. Repair or
replacement of nonbearing walls, fixtures, electrical wiring, and plumbing may occur, but are
included within the value limits established herein.
Sec. 318. Effect of variance.
The grant of a variance by the BZA shall eliminate a specific nonconformity or nonconformities,
unless the applicant or owner fails to comply with regarding time rimits. The grant of a variance shall
place the nonconformity into a conforming status.
Palm Beach Gardens/Land Developrn
384 Adopte,-.- - -• - - - -�
.t
Como 'VLAo
rural level of service standards, maximize the use of existing facilities and services,
encourage compact urban development and discourage the proliferation of urban sprawl.
Concurrent with rezoning to PCD /PUD, any uses not permitted by the underlying land
use category shall cease consistent with the phasing plan of the approved PCD/PUD:
Policy 1.1.5.4.(b): In order to prevent urban sprawl and promote cost effective and
efficient service delivery, the City shall designate an Urban Growth Boundary (UGB)
which generally coincides with the eastern boundary of the Loxahatchee Slough. The
UGB shall be designated on the Future Land Use Map (Map A). The UGB divides the City
into distinct areas, urban and rural. These two distinct areas shall be designated with land
uses (densities and intensities) consistent with urban and rural characteristics and shall
receive public services and facilities at levels appropriate for such urban and rural uses, as
defined in the Capital Improvement Element
Policy 1.1.5.5.: In The City shall maintain land development regulations requiring
residential neighborhoods to be designed to include an efficient system of internal
circulation, including the provision of collector streets, to feed traffic onto arterial roads
and highways. New development shall accommodate new local roads depicted on the
Conceptual Thoroughfare Plan.
Policy 1.1.5.6.: In The City shall maintain land development regulations requiring
subdivisions to be designed so that all individual lots have access to the internal street
system, and lots along the periphery are buffered from major roads and incompatible land
uses.
Policy 1.1.5.7.: By the year 2000, the location of a district park shall be selected;
acquisition negotiations shall be established with the property owner; recreational facilities
shall be identified; and funding strategies shall be determined in conjunction with Palm
Beach County.
f'
Policy 1.1.5.8.: Owners of property containing uses not consistent with the
Comprehensive Plan and Land Development Regulations- will be notified that their use is
nonconforming and will be required to come into compliance or be eliminated no later
than 7 years from the date the use became nonconforming. The City Council may, on a
case -by -case basis, exempt a non - conforming use only after a public hearing is held to
consider its compatibility with surrounding properties. The City Council may require
additional buffering, screening and modifications to bring the property more into
compliance with the Comprehensive Plan and the Land Development Regulations. These
uses will not be allowed to expand, and if damaged or destroyed by more than 50% of
their value, will not be allowed to be reestablished. Nonconforming uses are defined as
lots, structures, and uses of land and structures that were lawful before the adoption or
FUTURE LAND USE 6/99 1 -29
#99 -1 Amendment Ordinance 27, 1999
comv Y
amendment of a regulation, but which would be prohibited, regulated or restricted under the
terms of the regulation or future amendment
Policv 1.1.5.9: The Western Northlake Boulevard Corridor Planninu Area shall be
delineated on the 2Q15 Future Land Use Map. This area is generally located south pf the
Beeline Highway; west of the West P41m Beach Water Catchment /area; east of the J.W,
Corbett Wildlife Management Area and Seminole Pratt Whitnev Road: and north of the
southern boundary of Ibis. Rustic Ranches. Bay Hill Estates. and Hamlin Boulevard,
Through an lnterlocal agreement, the City. Palm )3each County and the City of West Palm
Beach shall provide for a means of intereovernmental cooperation in implementing the
recommendations of the Western Northlake Boulevard Corridor Land Use Study, dated
June 8. 1998. The provisions of this intetlocal agreement shall establish a procedure for
heightened review of local land use change petitions and development permit applications.
Objective 1.1.6.: The City's economic base shall be expanded by promoting
commercial and industrial activities as planned and illustrated on the Future Land
Use Map, and by ensuring adequate sites and timely provision of public utilities and
services to stimulate such growth.
Policy 1.1:6.1.: Development orders and permits for future development and
redevelopment activities shall be issued only in areas possessing the appropriate Future
Land Use designation and that are consistent with the goals, objectives, and policies of
this Comprehensive Plan.
Policy 1.1.6.2.: All proposed commercial and industrial development requiring a change
on the Future Land Use Map in order to be approved shall submit a market study
indicating the economic feasibility of the development and the locational advantage over
existing commercial and industrial lands.
Policy 1.1.6.3.: The City shall coordinate future annexation areas (Map J) with the
affected land owners, governments, and agencies for the future annexation and land uses
of these areas.
Policy 1.1.6.4.: New commercial properties shall be developed in nodes, at intersections
rather than strips. A mix of uses within commercial developments shall be encouraged,
including residential, and parks and open space.
Policy 1.1.6.5.: PGA Boulevard shall be developed as the "Main Street" of Palm Beach
Gardens using the following techniques:
a. Following completion of the PGA Boulevard /Alternate AIA urban interchange,
FUTURE LAND USE 6/99 1 -30
1199 -1 Amendment Ordinance 27, 1999
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