HomeMy WebLinkAboutAgenda Council Agenda 110101City of Palm Beach Gardens
Council Agenda
November 1, 2001
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Clark
Council Member Furtado
Council Member Sabatello
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
November 1, 2001
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ANNOUNCEMENTS:
IV. PRESENTATIONS:
V. ITEMS & REPORTS BY MAYOR AND COUNCIL:
VI. CITY MANAGER REPORT:
a. Gardens Parkway Alignment.
b. Cultural Arts Coordinator Update.
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 October 4, 2001 Regular City
Council Meeting.
b. Vehicle Towing Service Contract Extension. Consideration of extending the
current contract with Kauff's Towing for a period of 60 days.
C. Burns Road Improvements Conduit Installation — Change Order. Consideration
of approving a Change Order for $17,571.94 to D.S. Eakins Construction.
d. Resolution 157, 2001 - Golf Professional Contract. Consideration of approving a
Golf Professional Agreement with Steve Russell and authorizing its the execution
of the agreement.
e. Resolution 159, 2001 - Mirasol Clubhouse, Phase 2. Consideration of approving
a Site Plan to allow for the development of an approximately 65,400 square -foot
clubhouse, tennis and pool facility in addition to the previously approved 16,102
square —foot teaching facility and cart barn, located within the Mirasol PCD, as
more particularly described herein; providing for waivers.
f. Resolution 160, 2001 — E.M.S. Grant. Consideration of authorizing execution an
application for funds through the Florida Department of Health Bureau of
Emergency Medical Services Matching Grant and to enter into an agreement for
the State of Florida Emergency Medical Services Fund Monies.
g. Resolution 161, 2001 — "Zoning in Progress "/North Lake Boulevard.
Consideration of extending "Zoning in Progress" for real properties within the
City that abut Northlake Boulevard between Military Trail and U.S. Highway One
for nine months from December 1, 2001, to August 31, 2002; providing for
notification to the public.
h. Resolution 163, 2001 - Costakos Plat. Consideration of approving the Costakos
Plat.
i. Resolution 164, 2001 - P.G.A. Speedway Plat. Consideration of approving the
P.G.A. Speedway Plat.
j. Resolution 165, 2001 — Lease Agreement/Nextel South. Consideration of
authorizing execution of a Lease Agreement with Nextel South Corporation for
the installation and operation of a wireless telecommunications facility.
k. G.I.S. Proclamation.
IX. PUBLIC HEARINGS:
a. Ordinance 3, 2001 — Authority for Code Enforcement Citations (Second
Reading). Consideration of an ordinance of the City Council of the City of Palm
Beach Gardens, Florida, amending the Code of Ordinances by repealing Division
4 of Chapter 2, Article IV, entitled "Alternate Procedure for Enforcement" in its
entirety, and creating a new Division 4 entitled "Code Enforcement Citation
Ordinance;" providing for rules for construction; providing for authority of Code
Enforcement Officers; providing for procedures for issuance; providing for
penalties; providing for County Court Jurisdiction; providing for provisions
supplemental; providing for fine schedules for Code Enforcement citations;
providing for severability; providing for conflicts; providing for codification; and
providing for an effective date.
b. Ordinance 33, 2001 - Non - Conforming Uses Comprehensive Plan Amendment
(First Reading). Consideration of 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 based on the recommendations of the
Local Planning Agency and staff; amending Policy 1.1.5.8 of the Future Land Use
Element to remove a date certain for non - conforming uses; providing for
transmittal; providing for codification in the Comprehensive Plan; providing for
severability; providing for conflicts; and providing for an effective date.
C. Ordinance 34, 2001 - Non - Conforming Uses Land Development Regulations
Amendment (First Reading). Consideration of 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 Chapter 78, "Land
Development," Article VI, "Nonconformities," Sections 78 -711, 78 -714, 78 -715,
78 -716, 78 -717, 78 -718, and 78 -719; providing for the removal of all language
referencing a date certain with which nonconforming uses, lots, structures, and
premises must become conforming or be removed; providing for conflicts;
providing for severability; providing for codification; and providing for an
effective date.
X. RESOLUTIONS:
a. Resolution 156, 2001 — Traffic Summit. Consideration of supporting the results
of the Northern Palm Beach County Traffic Summit conducted in the City of
Palm Beach Gardens on March 30 and 31, 2001.
XI. ORDINANCES: (For Consideration on First Reading)
a. Ordinance 39, 2001 — Palm Beach Gardens Medical Center (First Reading).
Consideration of an ordinance of the City Council of the City of Palm Beach
Gardens, providing for the approval of an application from Tenet South Florida
Health System for an amendment of a previously approved Planned Unit
Development (Ordinance 35, 2000) for Palm Beach Gardens Medical Center,
located at the Southeast corner of Burns Road and Gardens East Drive, as more
particularly described herein; to grant a waiver from Section 78 -446 of the Land
Development Regulations, and allow for issuance of a building permit prior to
Plat recordation and to allow for additional time to submit a Public Facilities
Agreement; providing for conditions of approval; providing for a waiver;
providing for severability; providing for conflicts;and providing for an effective
date.
XII. ITEMS FOR COUNCIL ACTION:
XIII. ITEMS FOR DISCUSSION:
XIV. CITY ATTORNEY REPORT:
a. Litigation Report
b. Settlement Agreement with Weiss Group, Inc. (Order Taxing Costs).
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.
VI. CITY MANAGER REPORT:
a. Gardens Parkway Alignment.
VI. CITY MANAGER REPORT
b. Cultural Arts Coordinator Update.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: November 1, 2001
FROM: Jack Doughney, Assistant to City Manager
SUBJECT: Duties of Part Time Gardens' Art Specialist
BACKGROUND
At the October 4th Council Meeting, members reviewed the request of staff to create a
full time Cultural Arts position and decided to vote against this proposal.
During this meeting one of the Council members expressed an interest in some of the
initiatives outlined in the original program and suggested they be used in an alternative
plan.
In reviewing the existing position and the individual currently holding the Gardens' Art
Specialist position lends us the opportunity to increase the hours from twenty to thirty
hours to accomplish many of the original objectives.
If approved, the development of a comprehensive sponsorship program for expanding the
Arts Program and the creation of new programs, such as the Green Market and other
activities. These would be introduced in presentations at the City Hall's Plaza along with
concerts and other events. All this would be projected without increasing operating
expenses beyond our current art funding.
RECOMMENDATION
To approve the use of additional funds which are available in the Parks & Recreation
Budget in the sum of $ 7,789.00. This would increase the hours from 20 to 30 hours for
the Gardens' Art Specialist and change the pay classification from Specialist to Cultural
Art Coordinator.
Below is an exhibit outlining the cost comparison:
EXHIBIT
Existing Position: Part time Gardens' Art Specialist —11.66 HRx20 Hrs x 52= $ 12,126
Proposed Position: Part time Cultural Arts Coordinator -13.83 HRx30 Hrs x 48= $19,915
Cc: Hank Dufour, Director Human Resources
Alan Owens, Director of Finance
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
OCTOBER 4, 2001
The October 4, 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 Lauren Furtado,
Councilmember David Clark, and Chair Pro Tern Carl Sabatello. Mayor Russo thanked the
firefighters and everyone for their generous donations in the recent boot drive.
PRESENTATIONS:
Swearing in of Newly Hired Police Officers - Police Chief FitzGerald introduced and gave a
brief background for new Police Officers Brian Cullen, Stacy Clayton, and Paul Rogers.
Trinity Church Girl Scout Troop — Mayor Russo presented a plaque to Cadet Troop
1024, and a representative of the troop presented a donation to be included in the City's donation
to be sent to New York.
Teamwork Awards - Teamwork awards were presented to Tim Casher, Christy Murphy, Tim
Jordan, and Henry McKenzie.
ITEMS AND REPORTS BY MAYOR AND COUNCIL:
The Mayor reported on a meeting with representatives of the clergy regarding preparation for
terrorist events and helping residents deal with the current tragedy. Councilmember Furtado
suggested that the GNA and Code Enforcement could be utilized to help residents whose jobs
were affected. Councilmember Furtado proposed that a team of residents and representatives be
appointed to deal with the drainage situation. Councilmember Sabatello reported Seacoast
Utilities had stepped up security to protect the City's water supply. Vice Mayor Jablin reported
the Police were alert for anything unusual. The Mayor announced that at the next meeting he
would appoint a Budget Committee, and that he and the City Manager had discussed funding the
City might not receive because of the September 11 tragedy. Mayor Russo favored delaying the
recreation bond referendum until a regularly scheduled election. The Mayor requested
clarification from the City Attorney regarding Councilmembers voting or abstaining from voting.
The Mayor requested that annexation be presented at a future meeting. Consensus was given for
the Mayor to write a letter recommending Joel Channing to the Treasure Coast Regional
Planning Council.
CITY MANAGER REPORT:
The City Manager reported FDOT would allow all the existing trees to remain in the PGA
Boulevard medians. Finance Director Allen Owens presented options for the grant writer
position, which were expanded upon by various staff members. Consensus was to make this an
in -house position with monitoring so that if this approach was found not to be working it could
be reviewed and re- addressed. The Vice Mayor requested reconsideration of a full -time cultural
arts director. Discussion ensued. The entire Council did not support a full -time position;
therefore, staff was directed to bring this matter back to the Council at their next meeting to
consider increasing hours starting in January. The Human Resources Director reviewed his
department's staffing level. Ellen Finnerty indicated she had received a report from the Human
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/4/01 2
Resources Director regarding staffing, and stated she supported eliminating one position. Hoyt
Owens, Public Works Director, clarified the stormwater budget. The Finance Director reviewed
the budget for engineering. The City Manager announced a quarterly report would be presented
to the Council to keep engineering costs on track. Councilmember Furtado requested the same
type of report on the golf course. Alternative service delivery methods were to be researched by
staff.
COMMENTS FROM THE PUBLIC:
Roger Blangey, Garden Woods, read aloud a letter regarding an MPO meeting on a Tri-Rail
station in Palm Beach Gardens. Discussion ensued. Councilmember Furtado indicated she
would make sure Mr. Blangey received a copy of the FDOT letter that indicated his was
proposing was not safe.
Terence Brady, Lacey Oak Drive, requested annexation of Garden Oaks into the City.
Linda Monroe, Althea Way, reported she had attended the North County Traffic Forum,
indicated her support for connectivity, and requested the Thoroughfare Protection Map be
changed to remove the east -west connection through The Isles. Growth Management Director
Charles Wu indicated staff would provide a traffic forum status update at the November 1
meeting, and that the Evergreen plan had a green light with DCA.
Midge Lansat, Eagleton Lane, announced a program had been established in the City offering
counseling services, performing arts, mental health services, and educational classes at
community center prices, and invited everyone to attend a creative arts performance.
CONSENT AGENDA:
Councilmember Sabatello requested item (g) be pulled since his company was under contract to
purchase that pod. Councilmember Sabatello advised item 0) did not pertain to him as a
homebuilder in Mirasol so he would be voting on that item. Growth Management Director
Charles Wu announced that items (f) and (i) had been pulled. Councilmember Clark made a
motion to approve the Consent Agenda less items (g), (f), and (i). Vice Mayor Jablin seconded
the motion, which carried by unanimous 5 -0 vote.
a. Consideration of approving Minutes from the August 16, 2001 Regular City Council
Meeting.
b. Consideration of approving Minutes from the September 4 2001 Regular City Council
Meeting.
c. Resolution 146, 2001 - Chatsworth (Devonshire) Nursing Pavilion Expansion. Consideration
of approving an amendment to a site plan for the expansion of an existing nursing home
facility located on Lots 1 and 2 of the PGA Commerce Park within the PGA National
Planned Community Development, as more particularly described herein, providing for 56
additional beds and approximately 64,955 additional square feet; providing for conditions of
approval; providing for a waiver.
d. Resolution 154, 2001 - Engineering Services. Consideration of approving the Engineering
Agreement with Lindahl, Browning, Ferrari and Hellstrom, Inc.
e. Local Law Enforcement Block Grant. Consideration of approving a transfer of funds from
the FY 2001/02 Police Department operating budget to a police grant fund to provide
matching funds in the amount of $3,191.00 for a Local Law Enforcement Block Grant award
totaling $28,721.00.
h. Resolution 151, 2001 — Consideration of approving a tennis professional and tennis pro shop
agreement with Brenda Engle; authorizing the Mayor and City Clerk to execute the
agreement on behalf of the City.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/4/01
j. Resolution 155, 2001 — Consideration of authorizing the Mayor and City Clerk to execute a
joinder and acceptance to a quit -claim deed within the Mirasol PCD.
k. Subgrant Application for Highway Safety Funds Consideration of approving a Subgrant
Application for Highway Safety Funds through the Florida Department of Transportation
Safety Office for the fiscal year 2001/2002.
Pulled from Consent Agenda:
g. Resolution 150, 2001 — BallenIsles Pod 21 Plat. Consideration of approving the BallenIsles
Pod 21 Plat. Councilmember Clark made a motion to approve Resolution 150, 2001. Motion
was seconded by Councilmember Furtado. Councilmember Sabatello had announced he would
not vote on this matter because of a conflict of interest. Motion carried by unanimous 4 -0 vote.
PUBLIC HEARINGS:
Ordinance 35, 2001 - Mayor Russo declared the public hearing open, held on the intent of
Ordinance 35, 2001 —An ordinance of the City Council of the City of Palm Beach Gardens,
Florida, rezoning 9.32 acres of land on the north side of PGA Boulevard, immediately east of the
C -18 Canal, as described herein; amending the City of Palm Beach Gardens Official Zoning
Map; approving a Master Plan for the FPL Ryder Substation; providing for conditions of
approval; providing for waivers; providing for conflicts; providing for severability; and
providing for an effective date, for consideration of second reading. Growth Management
Director Charles Wu reviewed changes since first reading as reflected in the revised ordinance.
Attorney Ray Royce, representing the petitioner, requested the application including all
submitted materials, the staff report dated September 20, 2001 and the record of the September
13, 2001 City Council meeting be made a part of the record. The City Attorney verified all those
items were a part of the record. Henry Skokowski, representative for the petitioner, answered
questions regarding additional poles. Hearing no comments from the public, Mayor Russo
declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance
35, 2001 on second reading by title only. Vice Mayor Jablin seconded the motion, which carried
by unanimous 5 -0 vote. The City Clerk read Ordinance 35, 2001 on second reading by title only.
RE -ORDER AGENDA:
Councilmember Clark made a motion to reorder the agenda to move Resolution 148 to follow
Item for Discussion (a). Vice Mayor Jablin seconded the motion, which carried by unanimous 5-
0 vote.
RESOLUTION:
Resolution 147, 2001 — Consideration of reappointing two regular members to the Art Advisory
Committee. Vice Mayor Jablin made a motion to approve Resolution 147, 2001 with the names
David Porter and Karen Hackman inserted. Councilmember Clark seconded the motion but
indicated he would like David Miller to be involved. The Vice Mayor stressed the importance of
continuity, but invited Mr. Miller to attend the committee meetings and indicated he would be
considered at the next vacancy. Motion carried by 5 -0 vote.
ORDINANCES:
Ordinance 3, 2001 — Consideration of an ordinance of the City Council of the City of Palm
Beach Gardens, Florida, amending the Code of Ordinances by repealing Division 4 of Chapter 2,
Article IV, entitled "Alternate Procedure for Enforcement' in its entirety, and creating a new
Division 4 entitled "Code Enforcement Citation Ordinance;" providing for rules for construction;
providing for authority of Code Enforcement Officers; providing for procedures for issuance;
providing for penalties; providing for County Court Jurisdiction; providing for provisions
supplemental; providing for fine schedules for Code Enforcement citations; providing for
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/4/01 4
severability; providing for conflicts; providing for codification; and providing for an effective
date, for consideration of first reading. Staff presentation was made by Code Enforcement
Administrator Kelvin Wise. Councilmember Clark made a motion to place Ordinance 3, 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 3, 2001 on first reading by title only.
ITEMS FOR DISCUSSION:
Regional Center Notice of Proposed Change - Discussion of proposed amendments to NOPC to
the Regional Center Development of Regional Impact. Dodi Glas, representing the petitioner,
requested direction and addressed issues raised at the last meeting. The petitioner proposed to
limit retail conversion that would be done through the conversion matrix to just parcels west of
the water management tract, east of Alternate AIA, referred to as the Menin area; and to
eliminate 25,000 square feet of retail on PGA Boulevard on Parcel 27.05 and add that to the
Menin site to be designated retail/office/hotel. The remaining 25,000 retail on PGA Boulevard
on Parcel 27.06 would be restricted by a land use covenant to very specific types of land use if
La -Z -Boy went away. This would totally eliminate any residential south of Gardens Parkway,
and residential would be included in the conversion matrix. The petitioner proposed passive
open space adjacent to the east -side of the water management tract. Dan Catalfumo reviewed the
proposals on the site plan. Attorney John Gary presented proposed restrictive language
involving La -Z -Boy, and Mr. Catalfumo reviewed the proposed square footages and usage.
Developer Craig Menin described their proposed city center project which was made up of a mix
of day and night uses, and discussed the involvement of Cobb theatres. Discussion ensued. A
total of 4 -1/2 acres was proposed for community use. Mayor Russo invited public comment.
Rick Warner, Raintree Lane, questioned the City's policy regarding developing Legacy Place
and the Menin project at the same time. Mr. Warner indicated his second client, the developers
of the Gardens Corporate Center 3801 Building, had designed a signature office building and
relied on that being a part of a corporate office park, to provide high -end jobs, which was now
being changed to predominately retail. Mr. Warner indicated they had been able to maintain the
type of tenant desired by the City, that the six acres should be a cultural site, and indicated a
second DRI amendment for a driveway, if needed, should be incorporated into this project. Mr.
Warner indicated his client did not receive adequate notice of this meeting. Mr. Warner
commented the neighborhood center had a 100% capture rate and recommended this project be
re- reviewed by DCA and Treasure Coast Regional Planning Council. Mr. Wu confirmed a
second DRI amendment would be needed but Mr. Mennin had elected not to include it in this
change. Linda Monroe indicated if two people had the land use, each had the right to develop.
The City Attorney advised that the City Council did not have to approve the proposed shifts and
thereby could control the character of the DRI. Ms. Monroe read a description of the originally
proposed park that was to have been 20 acres and questioned where those acres were located.
Ms. Glas clarified the location of the 20 -acre park, which included the water management tract
and surrounding property and that their park acreage was in addition to that 20 acres. Mayor
Russo expressed concern that the changes might change the character of the original intent. The
Vice Mayor questioned whether the original types of recreational uses in the ADA document
were still viable. Kevin Mottlowitz, representing the Legacy Place developers, expressed
opposition to the NOPC pertaining to the Downtown at the Gardens project, since it was his
opinion that the market could not support simultaneous head -on retail developments.
Councilmember Furtado expressed concern with the animosity of the neighbors. Three
members of the City Council indicated they were in favor of moving forward. Councilmember
CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/4/01
Sabatello agreed, but stated he believed a retailer who had had approval for some time and
elected not to start should not stop other projects from going forward, and expressed concern
with the quality of the Menin parcel. Mayor Russo commented he was not sold on the six acres
or on what Menin was going to do. The Mayor requested that Mr. Menin and Mr. Catalfumo
meet with their neighbors and City staff; and bring this back at a later date. Ms. Glas indicated
they wanted to bring Menin and the NOPC to the City Council simultaneously, with which the
Council concurred. The Vice Mayor indicated he would like to continue his work on the cultural
aspects of this project, and would include people such as Ms. Monroe. Consensus of the Council
was for the Vice Mayor to continue this work.
MUNICIPAL COMPLEX:
Architect David Porter presented a concept of placing a band shell in the City Hall plaza to bring
more activities into that area, which would have the appearance of a piece of sculpture. Mr.
Porter indicated sculptures were to be placed near Military Trail.
CITY ATTORNEY REPORT:
Request for Shade Meeting — A meeting was tentatively scheduled for October 18, 2001 on the
Suffolk matter.
ADJOURNMENT: There being no further business to discuss, upon motion by
Councilmember Sabatello, seconded by Councilmember Clark, carried 5 -0, the meeting was
adjourned at 11:30 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
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date prepared: October 18, 2001
Meeting date: November 1, 2001
Subject/Agenda Item: Vehicle Towing Services Contract — 60 Day Extension
Recommendation /Motion: Recommend extension of existing vehicle towing service
contract for 60 days.
Reviewed by:
City Attorne
Finance
Originating Dept.:
PUBLI WORKS
Costs:. _ =� 1
Total
$ -o-
Council Action:
[ ]Approved
[ ] Approved Wi conditions
T2/�f /
Current FY
ACM
[ ]Denied
Advertised:
Human Res. NJ P
Funding Source:
[ ] Continued to:
Other
Date:
[X ] Operating
Attachments:
[ ] Other
Copy of existing
contract
Copy of letter for 60 day
extension
Paper:
[ X] Not Required
Submitted by:
Michael Morrow, Assist.
Public Works Director
Affected parties
[ ]Notified
Budget Acct.#
01- 1030 - 521.3150
[ ]None
App I by:
R I M. F ns,
City Man er
[ ] Not required
Background: Public Works is presently re- writing the Towing Services Contract for bid. During,the
interim, we request that the existing contract be extended for sixty (60) days. Attached herein is the
existing contract and agreement letter for time extension from Kauff's Towing.
Attachments
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ronald M. Ferris, City Manager
DATE: October 15, 2001
APPROVED: Hoyt Owens, Director, Public Works • 4 #:�r s
FROM: Michael Morrow, Assistant Director, Public Works W,- - A�
SUBJECT: VEHICLE TOWING SERVICES CONTRACT — SIXTY -(60) DAY
EXTENSION
The current contract with the vehicle towing services provider, Kauff s Towing, will
expire on November 30, 2001.
We recommend extending the existing contract for a period of sixty- (60) days. This
extension is due to the time needed for bid preparation, processing, evaluation, and award
of a new bid. Additionally, if this contract is not extended, the City will be without this
essential service until a new contract is posted.
In light of this, please find a copy of the existing contract with a letter signed by the
contractor on October 15, 2001 in agreement to the time extension.
Should you have any questions, please feel free to contact me.
attachments
Jack Doughney w/o attachments
Sheryl Stewart w/o attachments
File w/ attachments
MM/m
Timeext101201
PUBLIC WORKS DEPARTMENT
3704 BURNS ROAD - PALM BEACH GARDENS, FLORDIA 3341011698
PHONE (561) 775 -5274 - FAX (561) 775-8279
October 12, 2001
Attn: Richard Kauff, President
A Road One Company
1440 53`d Street
Mangonia Park, Florida 33407
Re: Vehicle Towing Services Contract
Dear Mr. Kauff:
Your current contract for the above referenced services expires on November 30, 2001. The City has
decided to seek proposals for these services.
The City of Palm Beach Gardens is hereby requesting a sixty (60) day extension of your current contract
which is needed for the bidding process, evaluation and award of the new bid to be completed. Your
contract would therefore expire on January 29, 2002.
Please respond by signing below and returning one original copy to my attention, Hoyt Owens, Public
Works Director, City of Palm Beach Gardens, 3704 Burns Road, Palm Beach Gardens, Fl., 33410.
Sincerely,
ti!�Hoyt Owens
Public Works Director
hereby agree to a sixty (60) day extension of the subject Bid.
_I am unabl provide ixty (60) day extension of the subject Bid.
ignature Date
Name (print)
HO /ca
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: October 23, 2001
Meeting Date: November 1, 2001
Subject/Agenda Item:
Burns Road Improvements Conduit Installation Change Order
Recommendation /Motion:
Recommend approval of Change Order for $17,571.94 to D.S. Eakins Construction.
Reviewed by:
Originating Dept.:
Costs: $ 17,571.94
Council Action:
(Total)
City Attorney
Engineering
[ ] Approved
$ 17,571.94
[ J Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Other
[ ] Operating
[X ] Not Required
[ ] Other
Submitted by:
Daniel P. Clark, P.E.
��.
City gineer
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by:
City Manag r
[X] Not required
On May 17, 2001 Council authorized D.S. Eakins Construction to place 17,800 feet of conduit underground
along the Community Center and in front of the Weiss School. The purpose of the conduit was to allow
FPL, BellSouth and Adelphia to move forward with the relocation of utilities consistent with the widening
of Burns Road.
During construction, several items changed. These included:
1. FPL changed the way they wanted to connect to existing facilities. This required us to make 8
crossings of Burns Road rather than the contracted 6.
2. BellSouth didn't supply the conduit as they agreed to do. We asked the Contractor to supply the
missing conduit.
3. The City requested we add a dedicated conduit for a fiber optic connection between City buildings.
We asked the contractor to provide and install this material. In total 23,549 feet of conduit was
installed.
4. The City requested the contractor pave 5 driveways (in front of Weiss and the Community Center),
originally it was assumed the compacted shellrock would be a sufficient surface.
Of the $17,571.94 requested in this Change Order, $14,336.94 is for materials and $3,235.00 is for labor.
CITY COUNCIL REGULAR MEETING, 5/17/01 2
money. Councilmember Furtado made a motion to approve the staff recommendation. Councilman
Clark seconded the motion, which carried by unanimous 3 -0 vote.
COMMENTS FROM THE PUBLIC:
Roger Blangey, Gardens Woods, expressed thanks to City Engineer Dan Clark for his attendance at
a meeting with the residents on May 11 regarding the proposed railroad crossing. Mr. Blangey noted
the residents of Garden Woods planned to come to the June 21 meeting to ask for repeal of
Resolution 147. Chair Pro Tern Sabatello requested that the City Council receive all backup so they
could be well informed for the meeting. Mr. Blangey clarified that the Florida East Coast Railroad
(FEC) did not want a new railroad crossing.
Augustin Hernandez, 269 West Edgewater Drive, commented from an article in American Planning
Association Magazine. He challenged planners to change the way cities were planned, but noted this
did not totally apply to the City's staff.
REORDER AGENDA:
Councilman Clark made a motion to move Consent Agenda item (e), Resolution 80, 2001 to follow
Resolution 77, 2001. Councilmember Furtado seconded the motion, which carried by unanimous
3 -0 vote.
CONSENT AGENDA:
Councilman Clark made a motion to approve the Consent Agenda. Councilmember Furtado
seconded the motion, which carried by unanimous 3 -0 vote. The following items were approved on
the Consent Agenda:
1. Consideration of approving Minutes from the April 19, 2001 City Council Regular City
Meeting.
2. Resolution 60, 2001 - Art in Public Places - PGA National Consideration of approving the
Art in Public Places proposal for the PHA National Headquarters, located on the west side
of the Avenue of Champions, approximately one - quarter of a mile south of its intersection
with PGA Boulevard; providing for a condition of approval.
3. Resolution 72, 2001 - Award of Bid for Resurfacing Athletic Courts. Consideration of
executing an agreement to resurface several athletic courts.
4. Resolution 79, 2001 - Frenchman's Reserve Golf Maintenance Facility. Consideration of
approving a site Plan Application for a Golf Course Maintenance Facility located within the
Frenchman's Reserve Planned Community Development, approximately one - quarter mile
south of the intersection of Hood Road and Alternate AI A; providing for waivers.
6. Resolution 83, 2001 - Consideration of approving and executing an agreement for Mass Care
Host Shelters with Palm Beach County Chapter of the American Red Cross._
8. Resolution 75, 2001 - Sari Michele Plat. Consideration of approving the San Michele Plat.
9. Resolution 87, 2001 - BallenIsles Pod 15 Plat. Consideration of approving the BallenIsles
Pod 15 Plat.
PUBLIC HEARINGS:
Ordinance 9, 2001 - Chair Pro Tern Sabatello declared the public hearing open, held on the intent
of Ordinance 9, 2001- An Ordinance of the City of Palm Beach Gardens, Florida, annexing into the
■
PALM BEACH GARDENS
CHANGE ORDER - BRO01
CONTRACT NO.:
PROJECT NO.: Burns Road Widening
CONTRACTOR: D.S. Eakins Construction
DATE: October 23, 2001
The following changes in the plans and/or specifications for the above described project are
hereby made:
1. Two additional Burns Road conduit crossings,
2. Supplied conduit for BellSouth,
3. Added additional conduits for City fiber -optic line, and
4. Paved five driveways as requested.
The reasons for the changes are:
1. FPL changed the way they want to service the businesses on the north side of Burns
Road. This required two additional crossings.
2. BellSouth originally agreed to supply the conduit but didn't before the contractor started
work. The contractors start date was set to clear the Community Center parking area
before summer camps began.
3. The City IT and Police Department) requested we add the ability. to get a dedicated conduit
for fiber -optic lines from the City Hall to the Community Center and eventually to PW. That
conduit was added.
4. No driveway paving was anticipated because the work is in the right -of -way and will be
torn up again. The owners requested paving after the work was completed.
Item No.
Quantity
Item Description
Unit Price
1
LS
Burns Road Crossings
$4,249.93
2
LS
BellSouth Conduit
$7,967.78
3
LS
City Fiber -Optic
$2,655.93
4
LS
Paved Driveways
$2,698.30
NET AMOUNT OF CHANGE — THIS CHANGE ORDER =
$17,571.94
PALM BEACH GARDENS ATTORNEY DATE
CONTRACTOR 7 DATE
(7 rNo/
v /Gr,-
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 8, 2001
Meeting Date: November 1, 2001
Subject/Agenda Item: Approval of Resolution 157, 2001 providing for the approval of a
contract with Steve Russell to serve as the Golf Professional from November 1, 2001
through February 28, 2002, at a rate of $8,666.69.
Recommendation /Motion: Staff recommends approval of Resolution 157, 2001
allowing the City to enter into a contract with Steve Russell to serve as the Golf
Professional from November 1, 2001 through February 28, 2002.
Reviewed
Originating Dept.:
Costs: $ 8,666.69
Council Action:
Total
City Attom y za,
Parks and Recreation
[ ] Approved
Finance
$ 2610Q0
[ ] Approved wiconditions
'
Current FY
ACM
[ ] Denied
Advertised:
Human Res. 18l&
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ ],Operating
Paper:
[ X ] Other Golf Course
1. Memo from Assistant
Parks and Recreation
Director
2. Copy of Proposed
contract.
3. Copy of Resolution
[ X ] Not Required
157, 2001
Submitted by: Brian
McLaughlin,
Assistant Department
Affected parties
Budget Acct #::
Director
[ ] Notified
09- 2500 - 572.3150
[ ] None
Approved b
City Manag
( ] Not required
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: October 3, 2001
FROM: Brian McLaughlin, Assistant Director, Parks and Recreati0fi"l '
THROUGH: Jack Doughney, Assistant to the City Managep�S6.
SUBJECT: Contract for Golf Professional
BACKGROUND:
With the City taking over operation of the Palm Beach Gardens Municipal Golf Course, the Golf
Pro, Steve Russell, who had previously been under contract with Meadowbrook Golf, Inc., has
agreed to work as the City's Golf Pro/Marketing Director, under the same basic arrangements he
had with Meadowbrook. In order to facilitate his starting on November 1, 2001, he has agreed to
a four month contract, in order that the city may develop an RFP for these services.
DISCUSSION:
The proposed contract, at a rate of $8,666.69 for the four month period of November 1, 2001
through February 28, 2002, includes adding the pro to the City's benefit package for health and
dental insurance's, as has been done with the Tennis Pro.
Additionally, the proposed contract calls for the pro to pay the City $100.00 per month for use of
the driving range.
RECOMMENDATION:
Staff recommends approval of the contract with Golf Pro Steve Russell, in the amount of $8,666.69
to serve as the Golf Pro/Marketing Director for the Palm Beach Gardens Municipal Golf Course from
November 1, 2001 through February 28, 2002.
RESOLUTION 157, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING A GOLF PROFESSIONAL
AGREEMENT WITH STEVE RUSSELL AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON
BEHALF OF THF. CITY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council desires to provide quality golf services to the residents of
the City of Palm Beach Gardens, and
WHEREAS, the City has negotiated an agreement with Steve Russell to serve as the Golf
Professional/Marketing Director for the City; and,
WHEREAS, the City Council has determined that the execution of the agreement with
Steve Russell 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 the Resolution.
SECTION 2. The City Council hereby approves the Golf Professional/Marketing
Director Agreement with Steve Russell and authorizes the Mayor and City Clerk to
execute this agreement, 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 if 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 NOVEMBER, 2001
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 _ T
VICE MAYOR JABLIN _
COUNCILMAN CLARK
COUNCILWOMAN FURTADO
COUNCILMAN SABATELLO _
CITY OF PALM BEACH GARDENS
GOLF PROFESSIONAL
AGREEMENT
This agreement is made and entered into this day of 2001, between the City of Palm Beach
Gardens, Florida, a Florida municipal corporation, hereinafter designated as "City" and Steve Russell, a Class
"A" member of the Professional Golfers Association, individually, hereinafter designated as "Professional ". In
consideration of the mutual promises herein contained, the parties hereby agree as follows:
SECTION 1
The City shall employ the Professional as a "Golf Professional" at the Palm Beach Gardens Municipal Golf
Course operated by the City Parks and Recreation Department, and the Professional shall accept such
engagement and agree to act as an independent contractor upon the terms and at the compensation hereinafter
set forth. The Professional acknowledges that he is not an employee of the City.
SECTION 2
THE PROFESSIONAL AGREES:
A. To maintain his certification for the duration of this contract as a Class "A" Pro, as defined by the
Professional Golfers Association.
B. To organize and operate golf programs for the City's golf course; to conduct and direct tournaments,
clinics and lessons; and to promote good public relations with City residents and their guests in a manner
satisfactory to the City.
C. To develop and implement a program to market the course to the general public.
D. To employ, at his own expense, any and all assistant professionals who may be needed to
assist in golf instructions. Any city employee who participates in this instruction, must do so while off
duty outside of his or her normal working hours.
E. To abide by and carry out the policies of the City and the Parks and Recreation
Department as they apply to the golf course and the Professional.
F. To work a full -time weekly schedule under the supervision of the Golf Course Manager
with the approval of the Assistant Director of Parks and Recreation.
G. To pay the City a monthly fee of $100.00 for driving range privileges. This fee will be deducted on a bi-
weekly basis from the pro's salary.
SECTION 3
THE CITY AGREES:
A. To pay the Professional the sum of $$$ t pe paid in equal parts on a
bi- weekly basis beginning November I, ',#'%ending on February 28, 2002.
B. To provide to the Professional a designated portion of the driving range for his exclusive use in teaching
lessons, and to grant the Professional the exclusive privilege of giving such instruction.
C. To allow the Professional to retain all fees from private golf instruction and clinics, provided that such
fees for individual instruction will be mutually agreed upon by the Assistant Director of Parks and
Recreation and the Professional.
D. To grant the Professional benefits of medical and dental coverage with option to purchase dependent
coverage at the cost charged to the City. All costs associated with dependent coverage shall be the
responsibility of the Professional.
E. To grant the Professional up to three weeks personal leave as authorized by the Assistant Director of
Parks and Recreation. Administrative Leave may be authorized by the Assistant Director of Parks and
Recreation to attend conferences, seminars and workshops at the Professional's expense. All personal
leave and/or administrative leave requests must be submitted by the Professional in writing to the
Assistant Director of Parks and Recreation, at least 2 weeks in advance, and approved by the Assistant
Director of Parks and Recreation.
SECTION 4
It is further agreed that this contract shall be in full force and effect from the 1 st day of November, 2001, until
February 28, 2002, but may be terminated by the City upon a thirty (30) day written notice to the Professional
that the City intends to withdraw from this contract. The notice must be in a form of a letter directed to the
Professional. The Professional shall give the City a thirty (30) day written notice of any intention to withdraw
from this contract. This notice must be in the form of a letter directed to the Assistant Director of Parks and
Recreation.
SECTION 5
It is mutually agreed that this contract constitutes the sole and complete agreement between the City and the
Professional; that no verbal or other statements, inducements or representations have been made to or relied
upon by the Professional; and that no modification hereof shall be binding upon either party unless in writing and
signed by an authorized representative of the City and the Professional.
SECTION 6
Indemnification. The Professional agrees to indemnify City and its officials, employees and agents (collectively
the "City) against, and to hold City harmless from and against, and to reimburse City on demand by City for any
liability, damage, loss, cost or expense (including attorneys' fees and cost of investigation incurred in defending
against and/or settling such liability, damage, loss, cost or expense or claim therefor and any amounts paid in
settlement thereof) (collectively, "Losses ") imposed on or reasonably incurred by City with respect to this
Agreement.
Insurance. The Professional agrees to provide documentation of adequate and appropriate insurance and liability
coverage which shall be determined to be satisfactory to the City in the City's reasonable discretion.
Governing Law. This Agreement shall be construed and enforced in accordance with, and governed by the laws
of the State of Florida, without regard to the conflicts of laws principles thereof.
Jurisdiction and Venue. The parties acknowledge that a substantial portion of negotiations, anticipated
performance and execution of this Agreement occurred or shall occur in Palm Beach County, Florida, and that,
therefore, without limiting the jurisdiction of venue of any other federal or state courts, each of the parties
irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating to
this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court
of the United States Southern District of Florida; (b) consents to the jurisdiction of each such court in any suit,
action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action
or proceeding in any of such courts; and (d) agrees that service of any court paper may be effected on such party
as may be provided under applicable laws or court rules in said state.
Enforcement Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees,
including allocated costs of in -house attorneys, court costs, and all expenses even if not taxable as court costs
(including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or
proceeding, in addition to any other relief to which such party or parties may be entitled.
IN WITNESS HEREOF, the parties have hereunto set their hands and seals on the day and year first above
written.
CITY OF PALM BEACH GARDENS
Joe Russo, Mayor
ATTEST:
Carol Gold, CMC, City Clerk
Approved as to Terms and Conditions:
Brian McLaughlin, Assistant Director/Parks & Recreation
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
Leonard G. Rubin, City Attorney
GOLF PROFESSIONAL
Steve Russell, Golf Professional
WITNESS AS TO GOLF PROFESSIONAL
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
SUBJECT /AGENDA ITEM
SP -01 -22 — Mirasol Clubhouse Phase 2
Recommendation to City Council: A request by Anne Booth of Urban Design Studio, on behalf of
Taylor- Woodrow Communities, to allow for site plan approval for Phase 2 of the clubhouse parcel of
the Mirasol Country Club within the Mirasol Planned Community Development (PCD). Phase 2
includes 65,400 square feet of "Clubhouse" use in addition to 16,102 square feet of building space
approved as part of Phase 1. Phase 2 shall include the main clubhouse and dining building, fitness
building, pool and spa, and 15 tennis courts. The 27.27 acre parcel is located within the Mirasol
PCD, approximately % mile north of the intersection of Jog Road and PGA Boulevard (3- 42S -42E)
RECOMMENDATION
Staff recommends approval of Resolution 159, 2001.
Reviewed by:
riginating Dept.:
FINANCE: NA
P&Z Commission
Growth Management:
Action:
Principal Planner
Karen M. Craver, I
Project
Costs: $
Total
A
[ ]Approved
[ ] App. w/ conditions
City Attorney
Manage
[ ] Denied
Ed Tombari,
$
[X] Rec. approval
Finance NA
Current FY
[ ] Rec. app. w/ conds.
Human Res. NA
[ ] Rec. Denial
Funding Source:
[ ] Continued to:
Submitted by:
Advertised:
Attachments:
Growth
Date:
O
[ ]Operating g
• Surrounding and
Manag t
Existing Land Use Table
Directo
Paper:
[ ] Other
0 Code Comparison
.�
Table
Charles K. Wu, AICP
[ X Required
Resolution 159, 2001
Legal Descrition
Approved by
City Manag
Budget Acct. #:
Waiver Justifications
Affected parties:
[ ] Notified
• Site /Landscape Plan
Architectural
[ X ] Not Required
Plans /Elevations
• Mirasol Master Plan
[ ] None
City Council
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
Petition SP -01 -22
BACKGROUND
On May 18, 2000, the City Council adopted Ordinance 8, 2000, approving the Master Plan
of the Golf Digest Planned Community Development (PCD), now known as the Mirasol
PCD, with a total of 2,145 dwelling units. As of this date, no Certificates of Occupancy have
been issued for residential units within Mirasol; however, the City Council has approved
site plans for twelve residential pods (860 dwelling units). This petition shall be subject to
all applicable PCD requirements.
Phase 1 of the "Clubhouse" parcel was approved by Resolution 57, 2001 on April 19, 2001.
The approval allowed for the construction of a 16,602 square foot cart barn and training
academy, which are currently under construction. The site is designated as the Clubhouse
site on the approved Master Plan which allows for a maximum of 100,000 square feet of
Clubhouse, tennis, fitness, pool and accessory uses, and teaching facility, along with
residential villas.
LAND USE & ZONING
The subject site is zoned Planned Community District (PCD) with an underlying zoning of
Public /Institutional (P /1) and has a future Land Use Designation of Residential Low (RL).
CONCURRENCY
Concurrency for this site was established prior to the approval of the Mirasol PCD;
therefore, this site is vested in terms of concurrency.
PROJECT DETAILS
Site Description
The 27.27 acre site is located in the western part of the Mirasol Planned Community
Development and has been cleared of existing vegetation as part of the golf course
construction. The PCD Master Plan does not provide for on -site preservation of existing
habitats on this parcel as part of the overall preservation plan.
Site Access
The site will have a single access point at the intersection of Mirasol Way and Mirasol
2
City Council
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
Petition SP -01 -22
Boulevard. The parcel is centrally located within the "country club" area of the community,
which has a controlled access point on Mirasol Boulevard. Pedestrian access is provided
to the site through a system of sidewalks and pathways that connect to the Parkway
pathway and sidewalk system. The roadway plans for Mirasol Boulevard and Mirasol Way
have been reviewed and approved by the City Engineer. Construction of these connecting
roadways has commenced and shall be completed prior to the issuance of the first
certificate of occupancy on site.
Phasing
Development of this parcel will be in three phases. Phase 1 includes the approved Cart
Barn, the Golf Digest National Teaching Academy, the cart staging area, the golf bag drop
off area, the entrance to the parcel and associated parking. Phase 2 includes the Tennis
and Fitness facility, Pool and Spa, as well as the Main Clubhouse. The third phase will
include the Villas.
Architectural Style and Special Features
The architectural style proposed for this facility is consistent with the Mizner theme, which
is prevalent throughout the entire community. The colors and materials being used for the
Clubhouse, Academy and accessory structures are consistent with those being used on
other common area structures such as the Sales Center and Gatehouse. The building
plans proposed for this site have been reviewed and approved by the Mirasol
POA/Architectural Review Committee prior to submission to the City. Building heights are
consistent with the maximum allowed under the PCD Master Plan approval.
Lightinq
Decorative lighting fixtures consistent with the standards established for the community
have been proposed for this site. Light pole locations have been identified on the lighting
plan as well as the landscape plan. Lighting details and photometrics have also been
included in the application and meet code requirements.
Landscaping and Buffering
Landscaping within the parcel exceeds the landscaping points required by code. Buffers
around the entire parcel, as well as entry landscaping were approved as part of the phase
1 review. The applicant is proposing extensive landscaping between the clubhouse and
tennis fitness area, as well as around the pool and spa facility. A landscape buffer
consistent with PCD requirements is located between the "Clubhouse" parcel and the
adjacent spine road, " Mirasol Way ". Light poles within the parking areas may be field
adjusted after site plan approval to avoid conflicts with trees and utilities. Maintenance of all
3
City Council
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
Petition SP -01 -22
common area landscaping will be by the Master Property Owners Association.
Parking
Required parking is calculated based on the code requirement of 4 spaces per hole forthe
golf course, plus an additional space for each 300 square feet of floor space for the
Clubhouse use, which includes the clubhouse, fitness center, training academy and
outdoor dining area. Based on the proposed square footage, a total of 394 parking spaces
are required. The applicant has requested additional parking spaces for tennis courts and
for special events, such as charity tournaments and community events, etc, which equals
151% of code requirement. Code allows for a parking maximum of 110% of code
requirement. The applicant has requested a waiverfrom this requirement and has provided
the attached waiver justification statement.
Section 78 -344 of the LDRs requires that parking stalls be 10 feet in width. The applicant
has proposed nine foot wide parking spaces throughout the site and has requested a
waiver from this code requirement. Attached to this report is a waiver justification statement
from the applicant.
Section 78 -344 of the LDRs requires that parking stalls be 18 feet in length, including within
that length wheel stops, or curbing in lieu of wheel stops. The applicant is proposing a 17-
foot long space with 1.5 -foot wide curbed overhang in -lieu of wheel stops, in those areas
adjacent to curbing. All other parking spaces shall have wheel stops.
Signage
The City has approved an overall Master Sign Program for the Mirasol PCD and the
conceptual location of the entrance sign has been approved as part of the phase 1
approval. Staff shall review all sign permits for this site for compliance with the site plans
and the approved Master Signage Plan.
Drainage
Drainage outfall from this site will be accomplished by drainage into inlets and culverts,
outfalling into adjacent lakes, which are part of the surface water management system for
the overall PCD. Included in this application are conceptual drainage plans.
4
City Council
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
Petition SP -01 -22
Waivers
Staff's support of the following waivers is based on the applicant meeting a majority of the
criteria listed in Section 78 -158 of the Land Development Regulations.
Code Section
Required
Provided
Waiver
staff
P&Z
Recommendation
Recommendation
9/25/01
Section 78 -344
Minimum stall width
9 feet
1 foot
Support"
Support
Parking Stall Width
of 10 feet
Section 78 -344
Minimum length
17 foot
1.5 foot for
Support *
Support
Parking Stall
18.5 foot stall with
length with
overhang
Length
wheel stop or two
1.5 foot
foot curb overhang
overhang,
adjacent to
curb only
Section 78 -345
Parking Spaces in
151% of
41%
Support "
Support
Number of Parking
Excess of 110% of
code
beyond the
Spaces Required
Code Requirement
requirement
code
maximum
maximum
Section 78 -563
No improvements
Pool deck
Pool deck
Support*
Support
Lake Maintenance
within a 20 foot
and
and
Easements
easement
retaining
retaining
surrounding water
wall
wall
management tracts
* See attached waiver justification statement.
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission reviewed this application at its September 25, 2001,
meeting and requested that the following amendments be made to the site plan:
(1) Improve the screening of the ground mounted air - conditioning units located
adjacent to the Clubhouse building. The applicant has COMPLIED by
submitting revised landscape and site plans that reflect changes made to
better screen the air conditioning units from view.
(2) If the Tennis Courts are lit, take measures to ensure that spillover lighting
shall not negatively affect the adjacent residential areas. The applicant has
COMPLIED by submitting an additional photometric plan indicating
footcandle readings for the tennis court lights. The photometric plans indicate
that the maximum footcandle readings at the property line are below five
footcandles, the maximum permitted by code.
5
City Council
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
Petition SP -01 -22
RECOMMENDATION
Staff recommends approval of petition SP -01 -22 with four waivers.
On September 25, 2001, the Planning and Zoning Commission unanimously
recommended approval of this project. The Commission also recommended that the
requested four waivers be approved.
VILE_SWCOMPROG\Short Range \sp0122st.doc
6
EXISTINGyUSEs
Subject Property
Mirasol Clubhouse Parcel
North
Golf Course
South
Golf Course
West
Mirasol Residential
Parcels 5 and 6
East
Golf Course
Ow
Planned Community
Development
Public /Institutional
Underlying Zoning
Planned Community
Development
Public /Institutional
Underlying Zoning
Planned Community
Development
Public /Institutional
Underlying Zoning
Planned Community
Development
Low - Residential — RL -3
Underlying Zoning
Planned Community
Development
Public /Institutional
Underlying Zoning
Residential Low
Master Plan Designation
of Golf Course
Residential Low
Master Plan Designation
of Golf Course
Residential Low
Master Plan Designation
of Residential Low
Residential Low
Master Plan Designation
of Golf Course
C ONSISTENCYWIT
I
zH�Tf=1E�GOuDEdd
3 F3a a.
C
Propoed Plaode'Requiremeni
Consistent ?.
Site = PCD /P /I
Minimum Building Site Area for
27.27 acres
Yes
.344 acre
Minimum Site Width for
1270 feet
Yes
100 feet
Maximum Building Lot
6%
Yes
Coverage
40%
Maximum Building Height for
50 feet
Yes
45 feet
Permitted by PCD Master Plan
Front Setback
650 feet
Yes
25 feet
Side Setback
410 feet
Yes
15 feet
Side Setback Facing a Street
247 feet
Yes
15 feet
Rear Setback
42 feet
Yes
15 feet
Wheel Stops or 2 foot Curbing
No wheel stops or curbing
No
interior spaces
Waiver Requested
1.5 foot curbing exteriors aces
Parking Stall Widths
9 feet
No
10 feet
Waiver Requested
Parking Stall Lengths
17.5 feet
No
18.5 feet
Waiver Requested
Lake Maintenance Easements
Pool deck, bulkheads
No
20 feet clear zone
Waiver requested
Last Revision:
October 18, 2001
RESOLUTION 159, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
A, SITE PLAN TO ALLOW FOR THE DEVELOPMENT OF AN
APPROXIMATELY 65,400 SQUARE -FOOT CLUBHOUSE, TENNIS
AND POOL FACILITY IN ADDITION TO THE PREVIOUSLY
APPROVED 16,102 SQUARE -FOOT TEACHING FACILITY AND CART
BARN, LOCATED WITHIN THE MIRASOL PCD, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received a site plan application (SP-
01-22) from Taylor Woodrow Communities, for approval of a site plan to provide for the
development of a 65,400 square -foot clubhouse, tennis and pool facility in addition to the
previously approved 16,102 square -foot teaching facility and cart barn, located within the
Mirasol PCD, as more particularly described herein; and
WHEREAS, the 27.27 acre "Mirasol Clubhouse" site is currently zoned Planned
Community Development (PCD) with underlying zoning of Public /Institutional, with a
future land use of Residential Low (RL) and a Master Plan designation of Clubhouse; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient and that it is consistent with the City's Comprehensive
Plan and Land Development Regulations; and
WHEREAS, on September 25, 2001, the Planning and Zoning Commission
recommended approval of the site plan amendment application known as "Mirasol
Clubhouse Phase 2 ".
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 the "Mirasol Clubhouse Phase 2" site plan, as more particularly described in
Exhibit "A" attached hereto, to provide the development of a 65,400 square foot
clubhouse, tennis and pool facility in addition to the previously approved 16,102 square -
foot teaching facility and cart barn, located within the Mirasol PCD.
SECTION 2. Said approval shall be consistent with all representations made by the
Resolution 159, 2001
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
Petition SP -01 -22
applicant or applicant's agents at any workshop or public hearing.
SECTION 3. Construction of the site shall be in compliance with the following plans
on file with the City's Growth Management Department:
1. October 5, 2001 Site Plan, Sanders Planning Group, Sheet SP -1
2. October 5, 2001 Clubhouse Site Plan, Sanders Planning Group, Sheet SP -2
3. October 2, 2001 Landscape Plans, Krent Wieland Design, Sheets L1 and L2
4. October 5, 2001 Landscape Plan, Krent Wieland Design, Sheet L3
5. August 22, 2001 Tennis /Fitness Building Elevations, Floor and Roof Plans, Alan
Strassler Architects, Sheets 3.1, 4.1 — 4.3, 7.1
6. June 21, 2001 Clubhouse Building Elevations, Floor and Roof Plans, Alan
Starssler Architects, Sheets 3.1, 4.1, 4.2, 7.1
7. July 12, 2001 Parking Lot Photometric Plans, Mock —Roos, 1 Sheet
8. October 9, 2001 Tennis Court Photometric Plan, RLF Lighting Inc., 1 Sheet
9. July 12, 2001 Conceptual Drainage Plans, Keshavarz and Associates, 1 Sheet
10. July 3, 2001 Specific Purpose Survey, Mock -Roos, 2 Sheets
11. July 5, 2001 PCD Specific Survey, Mock -Roos, 1 Sheet
SECTION 4. The following waivers are hereby granted with this approval:
Section 78 -344 Parking Stall Width, to allow for a minimum stall width of 9 feet;
the code requires a minimum stall width of 10 feet.
2. Section 78 -344 Minimum parking stall length, to allow for a parking stall length of
17 feet with 1.5 -foot overhang; the code requires a parking stall length of 18.5
feet.
3. Section 78 -345 Number of parking spaces required, to allow for 151 % of required
parking on site; the code allows for a maximum of 110% of required parking on
site.
4. Section 78 -563 Lake maintenance easements, to allow for a vertical improvement
within a Lake Maintenance Easement; the code prohibits vertical construction
within lake maintenance easements.
SECTION 5. If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6. All Resolutions, or parts of Resolutions, in conflict herewith are hereby
2
Resolution 159, 2001
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
Petition SP -01 -22
repealed to the extent of such conflict.
SECTION 7. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS
ATTEST BY:
CAROL GOLD
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
G /shortrange /sp0119res
DAY OF 2001.
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
AYE NAY
3
ABSENT
Resolution 159, 2001
Meeting Date: November 1, 2001
Date Prepared: October 18, 2001
Petition SP -01 -22
EXHIBIT "A"
4
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN SECTION 4, TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DE`. °CRIBLED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST CNE- QUARTER
(NW 1/4) OF SAID SECTION 4; THENCE ALONG THE WEST LINE OF SAID
NORTHWEST ONE- QUARTER OF SECTION 4, NORTH 01'54'07" EAST, A DISTANCE
OF 223.91 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 88'05'53"
EAST, A DISTANCE OF 614.40 FEET TO THE POINT OF BEGINNIioo; THENCE
NORTH 06'23'39" EAST, A DISTANCE OF 522.65 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 630.00
FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00'54'58 ", AN ARC DISTANCE OF 10.07 FEET TO A POINT ON A NON -
TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF' 1367.74
FEET FROM WHICH A RADIAL LINE BEARS NORTH 13'19'17" EA`'T; THENCE
EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
25'07'16 ", AN ARC DISTANCE OF 599.68 FEET; THENCE NORTH 65'22'51"
EAST, A DISTANCE OF 199.14 FEET; THENCE SOUTH 88'27'07 EAST, .A
DISTANCE OF 172.18 FEET; THENCE SOUTH 59'18'07" EAST, A DISTANCE OF
206.02 FEET; THENCE SOUTH 11'09'16" EAST, A DISTANCE OF 49E.67 FEET;
THENCE SOUTH 42'28'07" WEST, A DISTANCE OF 527.34 FEET; THEACE SOUTH
01'32'53" WEST, A DISTANCE OF 194.36 FEET TO A POINT ON THE ARC OF A
NON - TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS CF 570.00
FEET FROM WHICH A RADIAL LINE .BEARS NORTH 10'44'01" WEST; THENCE
WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
12'16'54 ", AN ARC DISTANCE OF 122.18 FEET TO THE POINT OF TANGENCY;
THENCE NORTH 88'27'07" WEST, A DISTANCE OF 295.00 FEET TO THE POINT
OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A "ADIUS OF
520.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 'PlROUGH A
CENTRAL ANGLE OF 94'50'47 ", AN ARC DISTANCE OF 860.80 FEE.? TO THE
' POINT OF BEGINNING.
CONTAINING 1,187,692.38 SQUARE FEET OR 27.27 ACRES, MORE OR L=SS.
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10
WAIVER REQUESTS /JUSTIFICATIONS
MIRASOL Clubhouse - Phase 2
JULY 13, 2001
Modified - AUGUST 15, 2001
The developer is requesting the following waivers.
Parking space width
The applicant is requesting a waiver from Section 179(i)(1)a which requires that a
standard parking space be a minimum of 10 feet wide. The applicant is requesting that the
parking space width be reduced to 9 feet. The proposed development is for golf course,
clubhouse, tennis, fitness and pool facilities for the members of the country club. The
developer, through their previous experiences, has found that a large number of the
residents take advantage of the valet parking provided by the club which allows more
control over the parking operations. It is also the desire of the applicant to maximize the
amount of open space throughout the site. When a request is made to reduce the width of
parking spaces, the code requires that additional open space be provided at the ratio of 1.5
sf for each sf of parking area that is reduced. The reduction of paved area for the required
parking is 10,563 square feet. (18.5 sf x 571 spaces). The additional open space required
is 15,845 sf. The proposed plan allows the applicant to provide an additional 16,552
square feet (.38 ac) of open space. In addition, the proposed plan provides 70% open
space overall which exceeds the 35% minimum by 7.52 acres.
Parking space surface material/parking space length(Curbs in lieu of wheel stops)
The applicant is asking for a waiver from Section 179 (I)3 which states: "Paving. Not
less than the minimum dimensions of all parking spaces, travel aisles, and other vehicular
circulation areas shall be paved. Use of specialty paver brick or surfaces may be approved
by the City Engineer." The applicant is requesting a waiver to allow both pervious and
impervious surfaces to be used in the construction of the perimeter parking spaces. This
waiver request applies only to those spaces, which abut either a concrete sidewalk or
perimeter landscape area.
Due to liability and maintenance problems associated with wheel stops, the applicant has
chosen, as allowed by Section 179 (e) (Wheel Stops), to install a 6" wide non - mountable
curb in lieu of wheel stops. The curb is proposed to be placed at a point 17 feet from the
end of the parking space, which is the same location that the wheel stop would otherwise
be placed. In locations where parking spaces abut a sidewalk, the applicant has expanded
the sidewalk surface area by 11/2 feet to accommodate the overhang of the car. Where the
parking spaces abut landscaped open space, an additional 1 1/2 feet of grass has been
provided as part of the parking space. The length of each space includes 17 feet of
CAWINDOWS\Desktop\My Briefcase\Go1fDigest\C1ubhouse Phase 2\DRC Response.081501.wpd
LCC35
pavement, 6" of curb and 1 1/2 feet of either grass or raised pavement for a total of 18'6"
per parking space.
By placing the curb at the 17' location, the applicant is able to reduce the appearance of
pavement and increase the appearance of open space. Section 156 (e) (Protection of
Landscape areas) of the current Palm Beach Gardens Land Development Regulations
allows vehicles to overhang into landscaped areas provided the area is not included in the
open space calculation. We have not included the overhang area in the open space
calculation. By using curbs instead of wheel stops, maintenance of the parking areas is
greatly improved and liability associated with wheel stops is eliminated. The decision to
place the curb where the wheel stop would otherwise be, is also based in part by standards
that have been established by Palm Beach County code. This waiver request is consistent
with the parking space configuration allowed by Palm Beach County, the parking
configuration approved by the City for The Commons as well as other recently approved
developments.
Parking spaces in excess of required
In accordance with Section 180(d)3, of the Land Development Regulations the applicant
would like to request a waiver to allow the number of parking spaces provided on this site
to exceed 10% of the required number of spaces.
The applicant feels that in this case the code provision for required parking for the
clubhouse facility does not provide an adequate amount of parking based on the
experiences they have had with similar clubhouse facilities. The applicant is anticipating a
fairly high use of the facility during the core hours of the day. Due to the variety of
amenities offered, including two golf courses, 15 tennis courts, exercise /fitness classes,
swimming, social events, and dinning facilities, there will be an overlap of parking during
the day. Activities such as golf tee times have an inherent overlap requirement to allow
morning golfers to stay and eat lunch after a round of golf while the afternoon golfers
come in early to eat lunch before they tee off. The applicant is also anticipating that in
addition to the regular activities, there could be several special events occurring
simultaneously, such as a tennis tournament, a golf tournament and a social event in the
clubhouse. During these peak times they have experienced a need for additional parking
at similar clubhouse facilities and hope to avoid problems that they have had in the past.
Although valet parking will be provided, the layout of the parking lot has been carefully
designed to distribute an adequate amount of parking throughout the site with easy access
to all facilities. The additional parking does not affect the required open space for the site
as the proposed plan exceeds the open space requirements. An analysis is currently being
prepared which evaluates the parking needs. That analysis is expected to further justify
this request and will be provided to the city upon its completion.
C:\WWDOWSXDesktopXMy Briefcase\GolfDigest\Clubhouse Phase 2\DRC Response.081501.wpd
LCC35
Encroachment into Lake Maintenance Easement
The applicant is requesting a waiver from Section 282(e) which prohibits improvements
within the Lake Maintenance Easements. The proposed plan of development has been
designed to take advantage of the lake front and incorporate it as an amenity to the
members of the club by constructing a pool deck with a retaining wall on the east side of
the lake. The proposed encroachments are esthetic improvements which will enhance the
quality of life of the members. An area 12 feet in width has been provided for access
around the edge of the deck. We do not believe that the proposed encroachments will
prohibit the ability to access or maintain the retaining wall, or the lake edge.
C:\WJNDOWS\Desktop\My Briefcase\GolmigesAClubbouse Phase 2\DRC Response.081501.wpd
LCC35
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PAW BEACH GARDENS, FLORIDA
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: November 1, 2001
Date Prepared: October 15, 2001
Subject /Agenda Item
Support the application for a State of Florida E.M.S. Matching Grant for the
implementation of an injury prevention program.
Recom men dationMotion:
Staff recommends that the City Council approve Resolution # 160, 2001 supporting the
Fire Rescue Department in the application of a State of Florida E.M.S. Matching Grant.
Reviewed by:
Originating Dept.:
Costs:
Council Action:
City Attorne
Fire Rescue
Total
[ ] Approved
Finance
$10,325.00
[ ] Approved w/
Current FY
conditions
ACM
[ ] Denied
Advertised:
Human Res.
Funding Source:State of
[ ] Continued to:
Other
Florida E.M.S.
Matching Grant
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
State of Florida E.M.S.
Matching Grant
Application
[ X ] Not Required
Resolution 9160 , 2001
Submitted by:
Peter T. Berge
Department Head
Affected parties
o ► ►ed
Budget Acct. #::
AppZn
City ger
[ X] Not required
BACKGROUND: This grant application is for the hiring of a grant resource teacher to
implement the injury prevention curriculum called Risk Watch to children from Pre -K to
Eighth grades. This is a one year program. The curriculum was purchased in the 1999-
2000 fiscal budget. *See staff report.
Y j
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor & City Council Date: October 15, 2001
APPROVED: Ronald M. Ferris, City Manager
FROM: Peter T. Bergel, Fire Chie�
SUBJECT: Support for the State of Florida E.M.S. Matching Grant Program
Background
Fire Rescue has initiated an injury prevention program for children grades Pre -K through
eighth. The National Fire Protection Association developed an injury prevention
program called Risk Watch. In 1999 Palm Beach County was selected as a pilot site for
this new curriculum. Our Community Education Specialist implemented this program in
all three elementary schools and one middle school.
This E.M.S. Matching grant from the State of Florida would provide the funding to hire a
grant resource teacher for fiscal year 2001/2002 so thatwe may continue to train children
to prevent unintentional injuries.
Discussion
• The grant proposal addresses the need to train teachers to implement an injury
prevention program in their classrooms.
• The grant will fund a grant resource teacher position to further implement the Risk
Watch curriculum.
• The grant program will providing funding to teach children from Pre -K to Eighth
grade in the following injury prevention arenas: Motor Vehicle, Drowning, Fire/bum,
Suffocation, Bike /pedestrian, Falls, Firearms, and Poison.
Recommendation
Staff recommends of Resolution # 160 supporting the application for a grant from the
Florida Department of Health Bureau of Emergency Medical Services to provide injury
prevention programs.
PTB:vhw
/s
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION NO. 160, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE
MAYOR TO EXECUTE AN APPLICATION FOR FUNDS
THROUGH THE FLORIDA DEPARTMENT OF HEALTH BUREAU
OF EMERGENCY MEDICAL SERVICES MATCHING GRANT,
AND TO ENTER INTO AN AGREEMENT FOR THE STATE OF
FLORIDA EMERGENCY MEDICAL SERVICES FUND MONIES;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Palm Beach Gardens Fire Department is involved in the delivery
of comprehensive Fire Suppression, Fire Prevention, Pre - Hospital Emergency Medical
Services, and other emergency functions within the City of Palm Beach Gardens; and
WHEREAS, the efficient delivery of fire prevention requires community
education, and
WHEREAS, the present Palm Beach County, Schools do not train teachers in
injury prevention or provide an injury prevention curriculum; and
WHEREAS, the children attending schools in the City of Palm Beach Gardens
would benefit from an injury prevention program; and
WHEREAS, the City Council supports the implementation of an injury prevention
program called Risk Watch developed by the National Fire Protection Association, train
the trainer workshops for teachers of children from Pre -K through eighth grade, a public
awareness campaign on preventable injuries and documentation of educational gain
through formal evaluations.
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 to execute an
application for a Florida Department of Health Bureau of Emergency Medical Services
matching grant.
4
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 effect 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
ATTEST:
CAROL GOLD 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
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
AYE
2
12001.
JOSEPH R. RUSSO, MAYOR
NAY ABSENT
FLORIDA DEPARTMENT OF HEALTH
EMS MATCHING GRANT APPLICATION
M (BEMS ID. Code) Total Grant Amount $41,300. 00
1. BCC or EMS Organization City of Palm Beach Gardens
Authorized Official Joseph R. Russo
Title Mayor
Mailing Address 10500 N. Military Trail
City
State
Zip
Telephone
Email Address
2. Contact Person
Title
Mailing Address
City
State
Zip
Telephone
Email Address
Palm Beach Gardens
Florida
:33410 -4698 County: Palm Beach
:061 ) 799 -4110 (SC): N/A
. jrusso @ci.palm- beach - gardens.fl.us
Vicki Wade
Executive Assistant to the Fire Chief
Palm Beach Gardens Fire Rescue
10500 North Military Trail
Palm Beach Gardens
Florida
:33410 -4698
:( 561 ) 799 -4315 (SC): N/A
•vwade @ci.palm- beach - gardens.fl.us
3. Legal Status of EMS Organization (check only one response).
(1) ❑ Private Not For - Profit (attach copy of IRS's 501(c)(3) letter or other legal documentation of this status)
(2) ❑ Private For - Profit (4) ® City /Municipality
(3) ❑ County (5) ❑ State
4. Federal Tax ID Number: VF 9 9 6 0 4 9 8 6 3
5. Medical Director
I hereby affirm my authority and responsibility for
the use of all medical equipment and continuing
education in this activity.
Medical Director
Michael J. Zappa ME55435 Date: October 15, 2001
Printed Name and FL Medical License No.
DH Form 1767, Effective Jan.99, Revised Feb.99
24
r.
PROJECT DESCRIPTION AND JUSTIFICATION
A 12 POINT FONT MUST BE USED OR LEGIBLE HAND PRINTING
6. State Plan: Brief synopsis and relationship to state plan goal, if applicable.
Goal Objective 1 of the Public Information, Education & Relations of the State E.M.S.
Plan- Pa .ges 37 & 38.
Through injury prevention classes utilizing the National Fire Protection Association's
Risk Watch curriculum, 40 teachers will be able to identify common preventable injuries
and demonstrate emergency procedures to 1,200 students from pre -K through eighth
grades.
• The Grant Resource Teacher will perform train the trainer workshops with teachers in
the correct use of the Risk Watch curriculum providing CEU's for teacher
recertification.
• The Grant Resource Teacher will monitor teachers while they deliver the curriculum
to students, provide Risk Watch curriculum, and evaluate the teacher's utilization of
the curriculum.
• The Grant Resource Teacher will teach how to access the E.M.S. system and
emergency bystander procedures as part of the workshop agenda.
This training process will train teachers to access the E.M.S. system and train them to
provide bystander medical assistance. 75% of the teachers will achieve this goal.
7. Project Description /Justification: This is the NEED STATEMENT. Describe and justify the project.
Include: (1) all available numerical data, time frames for the data, data source; (2) number of
people directly impacted by the grant(s); (3) whether the project will serve single municipality,
county, multicounty, or regional area; and, (4) whether the project will coordinate with other EMS
organizations.
NEED STATEMENT: (use only the space provided)
The primary beneficiaries of the program are children in pre - kindergarten through
the eighth grade. This population was selected because of their overall vulnerability to
injury, their receptivity to lesson material and the overall group benefit of establishing
risk - avoidance behavior at an early stage.
The National Center for Injury Prevention and Control (NCIPQ reports that
unintentional injuries are the 91 health threat to children under the age of 14, injuring and
killing more children than drugs and disease combined. Nationally, each year one in five
children require medical attention for injuries which translate into 16 million emergency
room visits by ages 1 -19. According to the statistics from the State of Florida Injury
Prevention Department in 1998 children of the ages 1 -14 died from the following: Motor
Vehicle 145, Drowning 92, Fire /Burn 23, Suffocation 21, Bike /'Pedestrian 14, Falls 7,
Firearms 5, Poison 5 and other 13.
The number of people directly impacted by the program would be 1,240. After
the grant year is over the 40 teachers would have the educational curriculum and
knowledge to teach future students.
The project will serve the students and teachers in the City of Palm Beach
Gardens public and private schools. There are three public elementary schools, two
public middle schools and 7 private schools.
The project will coordinate with Palm Beach County Fire Rescue who were
chosen to be a national pilot site for the NFPA Risk Watch curriculum.
25
8.
9
10
Outcome measurable: Degree to which need will be met or chap _-e -. (use only the space
provided)
During the contract period we will provide and implement the Risk Watch
curriculum to teachers and their students. We will train and provide recertification points
for 40 teachers in Palm Beach Gardens. Their knowledge level will increase from 75
percentile on the pre -test to 90 percentile on the post -test. We will provide "hands on"
training to 1,200 Pre -K to Eighth graders and they will be pre and post tested using the
approved Risk Watch evaluation tools and expected to improve by 75 %. The ultimate
goal is to decrease the number of injuries by 5 %.
The evaluation tools for both the teachers and students will be utilized to
determine the understanding of each of the top five causes of unintentional injury- related
fatalities. The results will be documented and forwarded to the Florida Department of
Health, E.M.S. Division. Also, the information will be utilized to initiate a full - fledged
media awareness campaign through press releases and press conferences. The
educational gain for both teachers and students will be logged and forwarded for
statewide review.
Work activities and time frames: Indicate procedure..for delivery of project. (use only the space
provided)
Through workshops, 40 teachers will be able to identify common preventable injuries and
demonstrate emergency procedures to students each year.
• Schedule workshops each month mos. 1 -8
• Deliver workshops. Mos. 1 -12
• Monitor and work with teachers trained in workshops. Mos. 2 -12
• Evaluate effectiveness of workshops and update materials. Mos. 2 -12
Using the Risk Watch Curriculum, we will make classroom presentations to 1,200
students.
• Implement developed lesson plans in pre -K to eighth grade classrooms. Mos. 1 -12
• Keep records of numbers and age levels of students reached. Mos. 1 -12
• Evaluate effectiveness of lesson plans through pre and post testing. Mos. 1 -12
• Continue to monitor effectiveness of programs by monitoring students who
participate and how incidents of preventable injuries compare with that of non-
participants. Mos. 1 -12
• Provide awareness campaign through educational brochures. Mos. 4 -12
BUDGET
26
* Risk Watch Curriculum purchased by
City of Palm Beach Gardens Fire Rescue
TOTAL EXPENDITURES
Equipment
* Educational Van provided by the City
of Palm Beach Gardens Fire Rescue
TOTAL EQUIPMENT COSTS
GRAND TOTAL
27
$10,325.00 $3.0,975.0)$41,300. 00
i
$ $ $
i
i
$ S �
510,325.00 $30,975.0)5'+1,300.00
25 Percent 175 Percent TOTAL
TOTAL
CATEGORIES
APPLICANT
STATE
MATCH
f FUNDS
Expenditures
$
$
$
Salary- Grant Resource Teacher
7,500.00
22,500.00
30,000.00
($14.42/hr. 0 2080 hrs.)
Fringes: Workmen's Compensation
600.00
1,800.00
2,400.00
Health Insurance
1,500.00
4,500.00
6,000.00
Retirement Fund
600.00
1,800.00
2,400.00
Uniform Allowance
125.00
375.00
500.00
* Risk Watch Curriculum purchased by
City of Palm Beach Gardens Fire Rescue
TOTAL EXPENDITURES
Equipment
* Educational Van provided by the City
of Palm Beach Gardens Fire Rescue
TOTAL EQUIPMENT COSTS
GRAND TOTAL
27
$10,325.00 $3.0,975.0)$41,300. 00
i
$ $ $
i
i
$ S �
510,325.00 $30,975.0)5'+1,300.00
25 Percent 175 Percent TOTAL
• Item 11
FLORIDA DEPARTMENT OF HEALTH
EMS MATCHING GRANT PROGRAM
REQUEST for ADVANCE PAYMENT
(Governmental Agency and Not - for - Profit Entity Only)
In accordance with the provisions of Section 401.113(2)(b), Florida Statutes, the undersigned hereby
requests an EMS matching grant distribution (advance payment) for the improvement, expansion and
continuation of prehospital EMS.
Remit Payment To:
Name of EMS Organization Palm Beach Gardens Fire Rescue
Address 10500 North Military Trail
City
Authorized Official
Palm Beach Gardens
State FL
ZIP 33410 _4698
Signature
Joseph R. Russo, Mayor
Type Name and Title
Sign and return this page with your application to:
Florida Department of Health
BEMS Matching Grant Program
4052 Bald Cypress Way, Bin C18
Tallahassee, Florida 32399 -1738
Do not write below this line. For use by BEMS personnel only
Matching Grant Amount For State To Pay: $
Approved By
Signature & Title of BEMS Grant Officer
State Fiscal Year: -
Orqanization Code E.O. . Object Code
64- 25 -60 -00 -000 NZ 7
Federal Tax ID: VF
DH Form 1767P, Effective Jan. UU, Kevisea r-eo.aa
28
Grant ID. Code:M
Date
Date
ASSURANCES
Item 12
PAYMENT FOR GRANT PROJECT: The grantee certifies, understands and accepts that due to state cash
flow and activity priorities, the grantee may not receive payment from the state for this activity until several
months after announcement of awards. The work activity time frames will be adjusted based on the date
payment is received, except the ending date of the grant will remain as specified in the Notice of Grant
Award letter.
STATEMENT OF CASH COMMITMENT: The grantee certifies that the cash match will be expended between
the beginning and ending dates of the grant and will be used in strict accordance with the content of the
application and approved budget for this activity. No costs count towards satisfying a matching
requirement of a department grant if also used to satisfy a matching requirement of another state or
federal grant. Cash, salaries, fringe benefits, expenses, equipment, and other expenses as listed in this
application shall be committed and used for the department's final approved activity during the grant
period.
ACCEPTANCE OF TERMS AND CONDITIONS: The grantee accepts the grant terms and conditions in the
"Florida EMS Matching Grant Program Application Manual ", and acknowledges this when funds are drawn
or otherwise obtained from the grant payment system.
DISCLAIMER: The grantee certifies that the facts and information contained in this application and any
attached documents are true and correct. A violation of this requirement may result in revocation of the
grant, return of all funds and interest to the department and any other remedy provided by law.
NOTIFICATION OF AWARDS: The grantee understands and accepts that the notice of award will be
advertised in the FAW, and that 21 days after this advertisement the grantee waives any right to
challenge or protest pursuant to chapter 120, F.S.
MAINTENANCE OF IMPROVEMENT AND EXPANSION: The grantee agrees that any improvement, expansion or
other effect brought about in whole or part by grant funds, will be maintained for five years after the
activity ends, unless specified otherwise in the approved application or unless the department agrees in
writing to allow a change. Any unauthorized change within the five years will necessitate the return of
grant funds, plus interest.
SIGNATURE OF AUTHORIZED OFFICIAL (Individual Identified in Item 1)
Mayor
TITLE
DH Form 1767A, Effective Jan.99, Revised Feb. 99
c
DATE
r
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Subject/Agenda Item:
Resolution 161, 2001, providing for a nine -month time extension for "zoning in progress"
for real properties within the City of Palm Beach Gardens in the Northlake Boulevard
corridor between Military Trail and U.S. Highway One.
Recommendation /Motion:
Staff recommends approval of Resolution 161, 2001.
Reviewed b /
Originating Dept.:
Costs: $ N/A
Council Action:
Total
City Attorni �
Planning Division
[ ] Approved
Finance
$ N/A
[ ] Approved w/ conditions
Other
Current FY
[ ]Denied
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
[ X ] Not Required
[ ] Other
1. Resolution 161, 2001
Growth Mgt. Director
Affected parties
otified
Budget Acct. #:
[ ] None
Approved by:
City Mana of
[ X ] Not required
BACKGROUND:
The Northlake Boulevard Corridor Task Force, consisting of Palm Beach Gardens, North Palm
Beach, Lake Park and Palm Beach County, has engaged Michael Redd and Associates (MRA) to
prepare zoning regulations to guide future development along Northlake Boulevard. These new
zoning regulations are to apply to properties in the Northlake Boulevard corridor between Military
Trail to the west and U.S. Highway One to the east, which is a distance of 3.3 miles. The new
regulations address land uses, architectural guidelines, landscaping, signage and development
standards. The task force is currently reviewing a final draft of these regulations for approval.
0 r
City Council
Meeting date: November 1, 2001
Zoning In Progress — Northlake Blvd.
The new zoning regulations are to be adopted by all four local governments that belong to the task
force. The goal of the new regulations is to coordinate the permitted uses and the development
standards adopted by each local government in order to enhance the overall appearance and develop
a sense of place along the Northlake Boulevard corridor. These regulations are in conjunction with
a streetscape plan that has been adopted by the members of the task force. Construction plans for
the proposed streetscape improvements are also being prepared by MRA.
The task force has recommended that each local government belonging to the task force adopt
"zoning in progress" so that new development and redevelopment will need to follow the proposed
zoning regulations. It was also recommended that zoning in progress be adopted for nine months.
The existing zoning in progress was adopted by Resolution 27, 2001, on February 15, 2001. That
resolution was in effect for nine months and expires in November 2001. The attached proposed
resolution would extend the zoning in progress for nine additional months, which will now expire
on August 31, 2002, to allow for the completion and adoption of the proposed overlay zoning
district for Northlake Boulevard, east of Military Trail. This additional time period would also allow
the City to amend its comprehensive plan to address the need for the Northlake Boulevard Overlay
Zoning District.
g: \sc \nitfzoninginprogress 101601
2
October 18, 2001
RESOLUTION 161, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, EXTENDING "ZONING IN
PROGRESS" FOR REAL PROPERTIES WITHIN THE CITY
THAT ABUT NORTHLAKE BOULEVARD BETWEEN
MILITARY TRAIL AND U.S. HIGHWAY ONE FOR NINE (9)
MONTHS FROM DECEMBER 1, 2001, TO AUGUST 31, 2002;
PROVIDING NOTIFICATION TO THE PUBLIC; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Lake Park, Village of North Palm Beach, City of Palm
Beach Gardens and Palm Beach County entered into an Interlocal Agreement in 1997 to
create the Northlake Boulevard Task Force; and
WHEREAS, the Task Force was formed in order to enhance development and
beautification for those portions of Northlake Boulevard within the jurisdiction of the
members of the Task Force and to create new zoning district regulations therefor; and
WHEREAS, the new zoning district regulations will involve and provide for
permitted uses, setbacks and other matters, and upon approval by the Task Force, will be
forwarded to the respective members of the Task Force for approval and adoption by
ordinance; and
WHEREAS, on February 15, 2001, the Palm Beach Gardens City Council
approved Resolution 27, 2001, providing for a nine -month duration for Zoning in
Progress for properties in Palm Beach Gardens within the Northlake Boulevard corridor
east of Military Trail; and
WHEREAS, Michael Redd and Associates has prepared proposed Design
Guidelines for the Northlake Boulevard Overlay Zoning District, which should be
approved by the Northlake Boulevard Corridor Task Force in the near future and then
submitted to the City of Palm Beach Gardens for adoption into the City's land
development regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
Section 1. Applicability.
This Resolution shall apply to real properties in the City of Palm Beach Gardens
that abut Northlake Boulevard between Military Trail and U.S. Highway One.
Resolution 161, 2001 1
Section 2.
Time of Duration.
October 18, 2001
The existing nine (9) month time period for "zoning in progress" shall be
extended for an additional time period of nine (9) months from December 1, 2001, to
August 31, 2002.
Section 3. Notification to Property Owners and Public.
Notification to property owners and the public shall be disseminated as follows:
A. The City Clerk shall post a copy of this Resolution at City Hall and furnish a copy
of the Resolution to the City Planning and Zoning Commission.
B. The City Building Official shall notify all persons applying for building permits
or other permits relative to land and buildings within the affected area that there is
"zoning in progress" for the subject property and the period of duration.
C. The City's Planning and Zoning staff shall notify all persons applying for
development orders relative to land within the affected area that there is "zoning
in progress" for the subject property and the period of duration.
Section 4. Effective date.
This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS DAY OF 2001.
(City Seal)
MAYOR JOSEPH R. RUSSO
ATTEST: APPROVED AS TO LEGAL
FORM AND SUFICIENCY:
CAROL GOLD, MMC LEONARD RUBIN
CITY CLERK CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
g:sc \res \resolution 161, 2001
Resolution 161, 2001 2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: October 22, 2001
Meeting Date: November 1, 2001
Subject/Agenda Item:
Resolution 163, 2001- Costakos Plat
Recommendation /Motion:
There are no engineering concerns with this plat, therefore we recommend its approval.
Reviewed by
Originating Dept.:
Costs: $ 0
(Total)
Council Action:
City Attorney
Gro h Management
[ ] Approved
(^
$ 0
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Other
[ ] Operating
[X Not Required
[ ] Other
mitted
an C. o ue, P.E.
Assistant City Engineer
Affected parties
] Notified
Budget Acct. #:
[ ] None
Appr d by:
Cit Man er
[X] Not required
BACKGROUND: See attached memorandum.
RESOLUTION 163, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING THE COSTAKOS PLAT
AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the Costakos Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all
the technical requirements of the City's Land Development Regulations and Chapter
177, F.S. and recommends the approval of the plat; and
WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Costakos Plat consisting of one (1) sheets dated October 2001,
prepared by Carney- Neuhaus, Inc., attached hereto as Exhibit "A."
SECTION 2: This resolution shall be effective upon adoption.
INTRODUCTED, PASSED, AND ADOPTED this day of
2001.
JOSEPH R. RUSSO MAYOR
ATTEST:
CAROL GOLD, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN, CITY ATTORNEY
Resolution 163, 2001
Page 2of2
VOTE:
AYE NAY ABSENT
Mayor Russo
Vice Mayor Jablin
Councilwoman Furtado
Councilman Clark
Councilman Sabatello
L br INC
CONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
"Partners For Results
Value By Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286 -3883
Fax (561) 286 -3925
www.lbfh.com
MEMORANDUM
TO: Carol Gold
FROM: Sean C. Donahue, PE_�
DATE: October 22, 2001
FILE NO. 100132
SUBJECT: Costakos Plat
We have completed our review of the plat for the referenced project prepared by
Carney - Neuhaus, Inc. The plat was reviewed for technical compliance with
Chapter 177 of the Florida Statues and the City of Palm Beach Gardens
requirements. We have no engineering concerns with this plat. Therefore, we
recommend its approval.
SCD/
P APROJECTS\PBGM EMO \100132 \100132s
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: October 22, 2001
Meeting Date: November 1, 2001
Subject/Agenda Item:
Resolution 164, 2001 -PGA Speedway Plat
Recommendation /Motion:
There are no engineering concerns with this plat, therefore we recommend its approval.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
City Attorney
Growt Management
(Total)
[ ] Approved
Finance
$ 0
Current FY
[ ] Approved w/
conditions
[ ] Denied
ACM
Funding Source:
[ ] Continued to:
Advertised:
Attachments:
Other
[ ] Operating
[X ] Not Required
[ ] Other
e8urlarnitted
C
can C. Donahue, P.E.
Assistant City Engineer
rAff d parties
fied
Budget Acct. #:
[ ] None
App d by:
C i Ma ger
required
BACKGROUND: See attached memorandum.
RESOLUTION 164, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING THE PGA SPEEDWAY
PLAT AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City engineer has reviewed the PGA Speedway Plat; and
WHEREAS, the City engineer has determined that the proposed plat meets all
the technical requirements of the City's Land Development Regulations and Chapter
177, F.S. and recommends the approval of the plat; and
WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the PGA Speedway Plat consisting of two (2) sheets dated July
2001, prepared by Pulice Land Surveyors, Inc., attached hereto as Exhibit "A."
SECTION 2: This resolution shall be effective upon adoption.
INTRODUCTED, PASSED, AND ADOPTED this day of ,
2001.
JOSEPH R. RUSSO MAYOR
ATTEST:
CAROL GOLD, CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION
as to form.
LEONARD RUBIN, CITY ATTORNEY
Resolution 164, 2001
Page 2 of 2
VOTE:
AYE NAY ABSENT
Mayor Russo
Vice Mayor Jablin
Councilwoman Furtado
Councilman Clark
Councilman Sabatello
LlbLf h C
CONSULTING CIVIL ENGINEERS,
SURVEYORS &MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
"Partners For Results
Value By Design"
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286 -3883
Fax (561) 286 -3925
www.lbfh.com
MEMORANDUM
TO:
Carol Gold
FROM:
,-���
Sean C. Donahue, P
DATE:
October 22, 2001
FILE NO.
00 -4166
SUBJECT: PGA Speedway Plat
We have completed our review of the plat for the referenced project prepared by
Pulice Land Surveyors, Inc. The plat was reviewed for technical compliance with
Chapter 177 of the Florida Statues and the City of Palm Beach Gardens
requirements. We have no engineering concerns with this plat. Therefore, we
recommend its approval.
SCD/
P AP ROJ ECTS\P B GM EMO \4166 \4166m
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: November 1, 2001
Date Prepared: October 22, 2001
Subject /Agenda Item
Lease Agreement between Nextel South Corporation and the City of Palm Beach Gardens for a
cellular telephone tower site at 10245 Lilac Street.
Recommendation /Motion :
Staff recommends approval of Resolution 165, 2001 Lease Agreement between Nextel South
Corporation and the City of Palm Beach Gardens.
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
City Attorn y/
Fire - Rescue
Total
[ ] Approved
Finance
$ 0
[ ] Approved w/
Current FY
conditions
ACM
[ ]Denied
Human Res.
-
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
[ ] Operating
Attachments:
Paper:
[ X ] Not Required
[ X ] Other N/A
Staff Report
Resolution
Submitted by:
Peter T. �Berhief
Agreement
Site Plan
epart
Affected parties
ZQofified
Budget Acct. #::
N/A
[ ] None
App *ager
C
[ X ] Not required
BACKGROUND:
See attached Staff Report.
CITY OF PALM BEACH GARDENS
MEMORANDUM
d '
TO: Mayor & City Council DATE: October 22, 2001
APPROVED: Ronald M. Ferris, City Manager
FROM: Peter T. Bergel, Fire Chie
SUBJECT: Nextel South Corporation Site Lease Agreement for Cellular Tower
Background
In February 2001, the City of Palm Beach Gardens was approached by Young and
Associates as agents for Nextel South Corp. to discuss the possibility of executing a site
lease agreement for a cellular phone tower to be located on Municipal property. The
proposal herein was negotiated with Nextel South Corporation.
Discussion
In February 2001, Young and Associates as agents for Nextel South Corp. to discuss the
possibility of executing a site lease agreement for a cellular phone tower to be located on
10245 Lilac Street. This proposed site was formerly the Seacoast Water Treatment Plant
located north of Plant Drive Park.
The City Manager established a negotiating team to consider proposals and any or all
terms or conditions for recommendation to the City Council. Ernie Carr, Brian
McLaughlin, Holly Luzader, John Lindgren, and myself were assigned to the negotiating
team.
Nextel is proposing to construct a single 100' monopole tower. They have proposed to
locate this facility at 10245 Lilac Street in the open area immediately north of the
Seacoast Water Tank. Enclosed is a site plan of that facility.
Nextel South will be responsible for all maintenance and associated costs to the proposed
facility. Furthermore, Nextel will be required to make application and receive City
Council approval for site plan and all improvements in accordance with Section 93 of the
City's Land Development Regulations.
The City has negotiated a five -year lease. The Agreement will be automatically renewed
for four additional terms of five years each. The City has negotiated an annual lease of
$24,000, which will increase by three percent per renewal term. Additionally, Nextel
will provide the City with seventy -five (75) cellular phones as part of the agreement.
Resolution 165, 2001
October 22, 2001
Page 2
Nextel will have the ability to sublease additional space on the antenna structure to a third
party telecommunications facility user, provided that any sublease or co- location
agreement shall be subject to a ground lease between the City and the third party. The
negotiation team has set an annual lease rate for ground space at $6,000. This is a
potential increase in annual revenue of $36,000 to the City.
The City the negotiating team supports the execution of the lease agreement between the
City of Palm Beach Gardens and Nextel South Corporation.
Recommendation
Staff recommends approval of Resolution 165, 2001 Communications Site Lease
Agreement between Nextel South Corporation and the City of Palm Beach Gardens.
Ptb: PTB
cc: file
E. Carr
J. Lindgren
A. Owens
B. McLaughlin
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 165, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A LEASE AGREEMENT WITH NEXTEL SOUTH
CORPORATION FOR THE INSTALLATION AND OPERATION OF A
WIRELESS TELECOMMUNICATIONS FACILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, City staff has negotiated a Lease Agreement ( "Lease ") with
Nextel South Corporation, a Georgia corporation ( "Nextel ") for the installation and
operation of a telecommunications tower at the 10245 Lilac Street property; and
WHEREAS, the City Council has determined execution of the Lease to be
in the best interests of the citizens and residents of the City of Palm Beach
Gardens.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
City OF PALM BEACH GARDENS, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct are hereby made a specific part of this
Resolution.
SECTION 2: The City Council hereby authorizes the Mayor and City Clerk
to execute the Lease with Nextel, 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 in 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.
RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001.
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:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
AYE NAY ABSENT
2
Market.: South Florida 7 V v
Site No.: FL -2558B
Site Name: Bums Road
COMMUNICATIONS SITE LEASE AGREEMENT (GROUND)
This Communications Site Lease Agreement (Ground) ( "Agreement ") is entered into this day of 2001, between
the City of Palm Beach Gardens, a Florida municipal corporation with an office at 10500 N. Military Trail, Palm Beach Gardens, FL 33410
( "Lessor "), and Nextel South Corp. a Georgia corporation, &Wa Nextel Communications with an address of 851 Trafalgar Court, Suite 300E,
Maitland, FL 32751 ( "Lessee ").
For good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Premises. Lessor is the owner of a parcel of land (the "Land ") located in the City of Palm Beach Gardens, County of Palm Beach, State of
Florida commonly known as Lilac St— The Landis more particularly described in Exhibit A annexed hereto. Lessor hereby leases to Lessee and
Lessee leases from Lessor, approximately Two Thousand One Hundred Sixty (2160) square feet of the Land and all access for pedestrian and
vehicular ingress and egress to Lessee Facilities and for the installation, operation and maintenance of utilities serving the facilities installed upon
the Land provided that Lessee's access to the Lessee Facilities upon the Property shall not disturb the City's use of the Property, if any, (the
"Premises ") as described in Exhibit B annexed hereto.
2. Use. The Premises may be used by Lessee for any activity in connection with the provision of communications services. Lessor agrees to
cooperate with Lessee, at Lessee's expense, in making application for and obtaining all licenses, permits and any and all other necessary
approvals that may be required for Lessee's intended use of the Premises.
3. Tests pnd Construction. Lessee shall have the right at any time following the full execution of this Agreement to enter upon the Land for
the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings, other reasonably necessary tests and
constructing the Lessee Facilities (as defined in Paragraph 6(a) below).
4. Term. The terns of this Agreement shall be five (5) years commencing upon construction of Lessee Facilities or One Hundred Eighty (180)
days from fall execution of this Agreement, whichever fast occurs ( "Commencement Date ") and terminating on the fifth anniversary of the
Commencement Date (the "Term ") unless otherwise terminated as provided in Paragraph 10. Lessee shall have the right to extend the Term for
five (5) successive five (5) year periods (the "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall
automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew prior to commencement
of the succeeding Renewal Term.
5. Rent
(a) Within 15 days of the Commencement Date and on the first day of each month thereafter, Lessee shall pay to Lessor as rent Two
Thousand and 00 /100 DOLLARS ($2,000.00) per month ( "Rent "). Rent for any fractional month at the beginning or at the end of the Term or
Renewal Term shall be prorated Rent shall be payable to Lessor at 10500 North Military Trail, Palm Beach Gardens, FL 33410; Attention: City
Manager.
(b) Thirty (30) days after execution of the Agreement, Lessee hereby agrees to supply Lessor with a performance bond, in a form
reasonably acceptable to the City Attorney, in the amount of $25,000, for the purpose of assuring Lessee's removal of the Lessee's Facilities. If
Lessee fails to remove Lessee's Facilities within sixty (60) days of the termination of this Agreement or within ninety (90) days of notification by
the City that such Facilities have been abandoned, Lessor shall have the absolute right to remove Lessee's Facilities and store same at Lessee's
expense. Failure by Lessee to reimburse Lessor for any and all reasonable costs associated with such removal and storage ( "Costs ") within thirty
(30) days after written request for same shall entitle Lessor to access the Performance Bond to recover such costs. The Performance Bond shall
terminate when Lessee removes Lessee's Facilities from the Premises, to the satisfaction of Lessor, and reimburses Lessor for any costs incurred.
(c) As additional consideration, Lessee shall provide to Lessor fifty (75) i1000plus mobile telephones, which shall have a maximum value
of Nine Thousand and 00 /100 DOLLARS ($9,000.00). Lessor hereby acknowledges and understands that Lessor shall be responsible, at Lessor's
sole cost and expense, for the maintenance and repair of each telephone, and the obtaining directly from Nextel Communications any service
contract required for each telephone's use.
6. Facilities; Utilities; Access.
(a) Lessee has the right to erect, maintain and operate on the Remises radio communications facilities, including without limitation, an
antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio
transmitting and receiving antennas, supporting equipment and structures thereto ( "Lessee Facilities "). In connection therewith, Lessee has the
right to do all work necessary to prepare, maintain and alter the Remises for Lessee's business operations and to install transmission lines
connecting the antennas to the transmitters and receivers - All of Lessee's construction and installation work shall be performed at Lessee's sole
cost and expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. All of Lessee Facilities shall
remain Lessee's personal property and are not fixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or before the
expiration or earlier termination of the Agreement provided, Lessee repairs any damage to the Premises caused by such removal. Upon
termination of this Agreement, Lessee shall not be required to remove any foundation more than one (I ) foot below grade level.
(b) Lessee shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service
from any utility company that will provide service to the Land (including a standby power generator for Lessee's exclusive use). Lessee shall pay
for the electricity it consumes in its operations at the rate charged by the servicing utility company. City hereby further grants and conveys to
Lessee, its successors and assigns for the Term, a non -exclusive right upon the Property in the location shown on Exhibit `B" (or such other
location as agreed to between the parties), for pedestrian and vehicular ingress and egress to Lessee Facilities and for the installation, operation
and maintenance of utilities servicing the facilities installed upon the Land, provided that Lessee's access to the Lessee Facilities upon the
Property shall not disturb the City's use of the Property.
(c) Lessee, Lessee's employees, agents, subcontractors, lenders and invitees shall have access to the Premises without notice to Lessor
twenty -four (24) hours a day, seven (7) days a week, at no charge. Lessor grants to Lessee, and its agents, employees, contractors, guests and
invitees, a non-exclusive right for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit B.
(d) Lessor grants Lessee permission to construct an access road (the "Access Road") at least twelve feet wide, from the nearest public
roadway, Lilac Street across the Land owned by Lessor, to the Premises, and as more fully described in Exhibit B. Lessee will maintain the Access
Road at its sole cost and expense except for damages resulting from use of the Access Road by Lessor, or its agents, employees, contractors, or
Market.: South Florida
Site No.: FL -2558B
Site Name: Burns Road
invitees, the cost of which shall be Lessor's sole responsibility. Lessor shall maintain all other access roadways from the nearest public roadway to
the Land for Lessee's non -exclusive use in a manner sufficient to allow pedestrian and vehicular access at all tunes under normal weather conditions.
Lessor shall maintain the access roadways at its sole cost and expense except for damages resulting from use of the access roadways by Lessee or its
agents, employees, contractors, or invitees, the cost ofwhich shall be Lessee's sole responsibility.
(e) Lessee shall have a maximum of sixty (60) days after the expiration or termination of the Agreement to remove the Lessee Facilities from
the Premises (the "Removal Period"), provided that Lessee perform all obligations under the Agreement during the Removal Period, including
without limitation, the payment of Rent at the rate in effect upon the expiration or termination ofthe Agreement.
7. Interference.
(a) Lessee shall operate the Lessee Facilities in a manner that will not cause interference to Lessor and other lessees or licensees of the
Land, provided that their installations predate that of the Lessee Facilities. All operations by Lessee shalt be in compliance with all Federal
Communications Commission ( "FCC ") requirements.
(b) Subsequent to the installation of the lessee Facilities, Lessor shall not permit itself, its lessees or licensees to install new equipment on
the Land or property contiguous thereto owned or controlled by Lessor, if such equipment is likely to cause interference with Lessee's operations.
Such interference shal l be deemed a material breach by Lessor. In the event interference occurs, Lessor agrees to take all reasonable steps
necessary to eliminate such interference, in a reasonable time period.
8. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities.
Lessor shall pay all real property taxes, assessments and deferred taxes on the Land.
9. Waiver of lessor's Lien.
(a) Lessor waives any lien rights it may have concerning the Lessee Facilities which are deemed Lessee's personal property and not
fixtures, and Lessee has the right to remove the same at any time without Lessor's consent
(b) Lessor acknowledges that Lessee has entered into a financing arrangement including promissory notes and financial and security
agreements for the financing of the Lessee Facilities (the "Collateral') with a third party financing entity (and may in the future enter into
additional financing arrangements with other financing entities). In connection therewith, Lessor (i) consents to the installation of the Collateral;
(ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without
recourse to legal proceedings.
10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either
party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written
notice of default, unless default is incapable of cure within thirty (30) days or a longer period, provided that the grace period for any monetary
default is ten (10) days from receipt of notice; or (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice of early
termination to Lessor no later than thirty (30) days prior to the Commencement Date; or (iii) by Lessee if it does not obtain or maintain any
license, permit or other approval necessary for the construction and operation of Lessee Facilities; or (iv) by Lessee if Lessee is unable to occupy
and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies, or (v) by
Lessee if Lessee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without
limitation, signal interference.
11. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned or transferred in lieu of
condemnation, Lessee may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of
condemnation by giving notice to Lessor no more than forty-five (45) days following the date of such damage, destruction, condemnation or
transfer in lieu of condemnation If Lessee chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual
reduction or abatement of use of the Premises.
12. Insurance. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Premises and on the Lessee Facilities, bodily
injury and property damage insurance with a combined single limit of at least One Million and 00 /100 Dollars ($1,000,000.00) per occurrence.
Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with
Lessee's use of the Premises, Lessee must obtain and maintain the required insurance for the time period Lessee operates Lessee Facilities, all as
provided for herein. Lessor shall be named as an additional insured on lessee's policy. Lessee shall provide to Lessor a certificate of insurance
evidencing the coverage required by this paragraph within thirty (30) days of the Commencement Date. Lessee shall provide to Lessor a
certificate of insurance issued by a company authorized to conduct business in the state of Florida evidencing the coverage required by this
paragraph within thirty (30) days of the Commencement Date, as the case may be and within thirty (30) days of renewal o£the insurance policy.
Coverages under the policy will not be cancelled until at least (30) days prior written notice has been given to Lessor. All policies are required to
be issued by companies authorized to conduct business in the state of Florida
13. Waiver of Subrogation. Lessor and Lessee release each other and their respective principals, employees, representatives and agents, from
any claims for damage to any person or to the Premises or to the Lessee Facilities thereon caused by, or that result from, risks insured against
under any insurance policies carried by the parties and in force at the time of any such damage, lessor and Lessee shall cause each insurance
policy obtained by them to provide that the insurance company waives all tight of recovery by way of subrogation against the other in connection
with any damage covered by any policy. Neither Lessor nor Lessee shall be liable to the other for any damage caused by fire or any of the risks
insured against under any insurance policy required by Paragraph 12.
14. Assignment and Subletting. Licensee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the
Premises without the prior written consent of City; provided, however, that Licensee may assign its interest to its parent company, any subsidiary
or affiliate of it or its parent company or to any successor -in- interest or entity acquiring fifty -one percent (51%) or more of its stock or assets,
subject to any financing entity's interest, if any, in this Agreement as set forth in Paragraph 9. City may assign this Agreement upon written
notice to Licensee, subject to the assignee assuming all of City's obligations herein, including but not limited to, those set forth in Paragraph 9.
Notwithstanding anything to the contrary contained in this Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer
without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Licensee (i) has
obligations for borrowed money or in resped of guaranties thereof (ii) has obligations evidenced by bonds, debentures, notes or similar
Market.: South Florida
Site No.: FL -2558B
Site Name: Bums Road
instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties
thereof.
15. Warranty of Title and Quiet Enjoyment. Lessor warrants that: (i) Lessor owns the Land in fee simple and has rights of access thereto
and the Land is free and clear of all liens, encumbrances and restrictions; (ii) Lessor has full right to make and perform this Agreement; and (iii)
Lessor covenants and agrees with Lessee that upon Lessee paying the Rent and observing and performing all the terms, covenants and conditions
on Lessee's part to be observed and performed, Lessee may peacefully and quietly enjoy the Premises
16. Repairs. Lessee shall not be required to make any repairs to the Premises or Land unless such repairs shall be necessitated by reason of the
default or neglect of Lessee. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Lessee shall restore the Premises
to the condition in which it existed upon execution hereof, reasonable wear and tear and loss by casualty or other causes beyond Lessee's control
excepted.
17. Hazardous Substances. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within
the Land in violation of any law or regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's knowledge, any
third party has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (defined
below) on, under, about or within the Land in violation of any law or regulation, and (2) that Lessor will not, and will not permit any third party
to use, generate, store or dispose of any Hazardous Material on, under, about or within the Land in violation of any law or regulation. Lessor and
Lessee each agree to defend, indemnify and hold harmless the other and the others partners, affiliates, agents and employees against any and all
losses, liabilities, claims and/or costs (including reasonable attorney's fees and costs) arising from any breach of any representation, warranty or
agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product,
asbestos, any substance known by the state in which the Land is located to cause cancer and/or reproductive toxicity, and/or any substance,
chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph
shall survive the termination of this Agreement. Notwithstanding the foregoing, Lessee shall have the right, during the first ninety (90) days after
the date of this Agreement, at its expense, to conduct an environmental assessment of the Land, and in the event such environmental assessment
shows any environmental bazards which adversely at%ct Lessee's use of the Premises, or Lessee's ability to obtain leasehold financing or, in
Lessee's sole opinion, the environmental assessment indicates unacceptable environmental liability or potential liability for Lessee, Lessee has
the right to terminate this Agreement upon written notice to Lessor. Lessee shall provide Lessor with copies of any and all environmental reports
or studies of the Land-
I& Liability and Indemnity. Lessee shall exonerate, hold harmless, indemnify and defend Lessor, its elected and appointed officials, agents,
servants and employees from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses,
costs, expenses, reasonable attorney's fees (including appellate fees), liabilities, damages, orders, judgments, or decrees, sustained by Lessor or
any third party arising out of the construction, operation and repair of Lessee's Facilities, unless such claims, demands or causes of action result
from wil lful or negligent acts or omissions of Lessor, its officials, agents, servants or employees.
19. Lease Space on the Tower. Lessee may lease space on the tower to any other collocator(s) and Lessee is entitled to receive colocation
revenues. Colocator (s) must enter into a separate ground lease with Lessor,
20. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and
other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both
parties.
(b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the
application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision
of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties.
(d) Any notice or demand required to be given Mein shall be made by certified or registered mail, return receipt requested, or reliable
overnight courier to the address of the respective parties set forth below
Lessor: City of Palm Beach Gardens
Lessee: Nextel South Corp.
a Florida municipal corporation
851 Trafalgar Court,
10500 N. Military Trail
Suite 300E
Palm, Beach Gardens, FL 33410
Maitland, FL 32751
Attn: City Manager
Attn.: Property Manager
With a copy to: City of Palm Beach Gardens
With a copy to: Nextel Communications, Inc.
4100 RCA Blvd., Suite 100
2001 Edmund Halley Drive
Palm Beach Gardens, Fl, 33410
Reston, VA 20191 -3436
Attn: Len Rubin
Sixth Floor, Mail Stop 6E630
Attn: Site Leasing Services, Contracts Manager
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder
shall be deemed received upon actual receipt.
(e) This Agreement shall be governed by the laws of the State of Florida.
(f) Lessor acknowledges that a Memorandum of Agreement in the form annexed hereto as Exhibit C will be recorded by Lessee in the
official records of the County where the Land is located In the event the Land is encumbered by a mortgage or deed of trust, Lessor agrees to
obtain and furnish to Lessee a non-disturbance and attornment instrument for each such mortgage or deed of trust.
(g) Lessee may obtain title insurance on its interest in the Land. Lessor shall cooperate by executing documentation required by the title
insurance company.
(h) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement,
such party shall not unreasonably delay or withhold its approval or consent.
(i) All Riders and Exhibits annexed hereto form material parts of this Agreement.
(j) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original.
21. Laws. Lessee shall at all times comply with the status, laws, ordinances and regulations of any competent government authority which are
applicable to the operation and maintenance of Lessee's Facilities
Market.: South Florida
Site No.: FL -2558B
Site Name: Burns Road
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Signed, sealed and delivered in the presence of-
Witness
Print Na
Witness:
Print Nai
STATE OF FLORIDA
COUNTY OF
LESSOR:
City of Palm Beach Gardens,
By:
Print Name:
Tax ID#:59- 6045863
The foregoing instrument was acknowledged before me this day of 200_, by
, as of The City of Palm Beach Gardens, a ' who is
personally known to me or who has produced as identification and who did (did not) take an oath
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Market.: South Florida
Site No.: FL -2558B
Site Name: Burns Road
LESSEE:
Signed, sealed and delivered in the presence of Nextel South Corp., a Georgia corporation
d/bta Nextel Communications
Witness
Print Na
Witness
Print Na
STATE OF
COUNTY OF
By:
Print Name: Richard A. Konkey
Title: Vice President of Engineering and Operations
The foregoing instrument was acknowledged before me this day of 12001, by Richard A. Konkey, as Vice
President of Engineering and Operations for Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is personally known
to me or who has produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
Market.: South Florida
Site No.: FL -2558B
Site Name: Bums Road
MEMORANDUM OF AGREEMENT
EXHIBIT A
DESCRIPTION OF LAND
to the Memorandum of Agreement dated , 2001, by and between The City of Palm Beach Gardens as Lessor, and
Nextel South Corp., a Georgia corporation, d/b /a Nextel Communications as Lessee.
The Land is described and/or depicted as follows (metes and bounds description):
PARENT TRACT LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE
42 EAST, PALM BEACH
COUNTY, FLORIDA AND BEI NG MORE PARTICULARLY DESCRI BED AS FOLLOWS:
BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE THOMPSON RIVER AS DESCRIBED IN
OFFICIAL RECORD BOOK 1179
AT PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY;
BOUNDED ON THE SOUTH BY A LINE 1,260 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID
SECTION 12;
BOUNDED ON THE EAST BY THE WEST RIGHT -OF -WAY LINE OF STATE ROAD 9;
AND BOUNDED ON THE WEST BY THE EAST LINE OF THE PLAT OF GOLFER'S VILLAGE AS SHOWN IN PLAT BOOK
28, AT PAGE 83;
LESS AND EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE EAST LINE OF THE PARCEL
DESCRIBED IN OFFICIAL RECORD BOOK
4432, AT PAGE 239, PUBLIC RECORDS OF PALM BEACH COUNTY.
CONTAINING 424,499 SQUARE FEET OR 9.745 ACRES, MORE OR LESS
Market.: South Florida
Site No.: FL -2558B
Site Name: Burns Road
MEMORANDUM OF AGREEMENT
EXHIBIT B
DESCRIPTION OF PREMISES
to the Memorandum of Agreement dated 2001, by and between The City of Pahn,Beach Gardens as Lessor, and
Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee.*
River
Pole
I
Utility Line
Nextels Lease Area }
45ft x 48ft
Ingress &
Not to Scale
Lilac St
Site Name: Bums Rd
Site Number: FL2558 -B
1 -95
Notes:
1) This Exhibit may be replaced by a land survey ofthe Premises once it is received by Lessee.
2) Setback ofthe Premises from the Lands boundaries shall bethe distance required by the applicable governmental authorities.
3) Width of access road shall be the width required by the applicable governmental author hies, including police and fire departments.
4) The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, mounting positions
may vary from what is shown above.
Market.: South Florida
Site No.: FL-2558B
Site Name: Burns Road
MEMORANDUM OF AGREEMENT
EXHIBIT A
DESCRIPTION OF LAND
to the Memorandum of Agreement dated , 2001, by and between The City of Palm Beach Gardens as Lessor, and
Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee.
The Land is described and/or depicted as follows (metes and bounds description):
PARENT TRACT LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 42 SOUTH, RANGE
42 EAST, PALM BEACH
COUNTY, FLORIDA AND BEI NG MORE PARTICULARLY DESCRI BED AS FOLLOWS:
BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE OF THE THOMPSON RIVER AS DESCRIBED IN
OFFICIAL RECORD BOOK 1179
AT PAGE 259, PUBLIC RECORDS OF PALM BEACH COUNTY;
BOUNDED ON THE SOUTH BY A LINE 1,260 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID
SECTION 12;
BOUNDED ON THE EAST BY THE WEST RIGHT -OF -WAY LINE OF STATE ROAD 9;
AND BOUNDED ON THE WEST BY THE EAST LINE OF THE PLAT OF GOLFER'S VILLAGE AS SHOWN IN PLAT BOOK
28, AT PAGE 83;
LESS AND EXCEPTING THEREFROM THAT PART LYING WESTERLY OF THE EAST LINE OF THE PARCEL
DESCRIBED IN OFFICIAL RECORD BOOK
4432, AT PAGE 239, PUBLIC RECORDS OF PALM BEACH COUNTY.
CONTAINING 424,499 SQUARE FEET OR 9.745 ACRES, MORE OR LESS
t
Market.: South Florida
Site No.: FL -2558B
Site Name: Bums Road
MEMORANDUM OF AGREEMENT
EDIT B
DESCRIPTION OF PREMISES
to the Memorandum of Agreement dated , 2001, by and between The City of Palm Beach Gardens as Lessor, and
Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications as Lessee.'
Thompson River
r
I
I
Utility Line
it
Nextels Lease Area
45ft x 48ft
(f�
Not to Scale
Lilac St
Site Name: Bums Rd
Site Number: FL2558 -B
s
Ingress &
Utility
Pole
1 -95
Notes:
1) This Exhibit maybe replaced by a land survey ofthe Premises once it is received by Lessee.
2) Setback of the premises from the Lands boundaries shall be the distance required by the applicable governmental authorities.
3) Width of access road shall be the width required by the applicable govemmental authorities, including police and fire departments.
4) The type, number and mounting positions and locations of antermas and transmission lines are illustrative only. Actual types, numbers, mounting positions
may vary from what is shown above.
Market.: South Florida
Site No.: FLr25588
Site Name: Burns Road
PREPARED BY:
Paula Hickman, Esquire
Nextel Communications
851 Trafalgar Court, Suite 300E
Maitland, FT, 32751
RETURN TO:
Property Management
Nextel Communications
851 Trafalgar Court, Suite 300E
Maitland, FL 32751
EXHIBIT C
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this day of 2001, by and between The City of Palm
Beach, Gardens, with an address at 10500 N. Military Trail, Palm Beach Gardens, Florida 33140 (hereinafter referred to as "Lessor ") and Nextel
South Corp., a Georgia corporation, d/b/a Nextel Communications with an office at 851 Trafalgar Court, Suite 300E, Maitland, FL 32751
(hereinafter referred to as "Lessee ").
Lessor and Lessee entered into a Communications Site Lease Agreement ( "Agreement ") on the _ day of , for the
purpose of installing, operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the
Agreement.
The term of the Agreement is for five (5) years commencing on ( "Commencement Date "), and terminating on the
fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew.
The Land which is the subject of the Agreement is in Palm Beach County, Florida, described in Exhibit A annexed hereto. The portion of the
]and being leased to Lessee (the 'Premises ") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written.
LESSOR:
Signed, sealed and delivered in the presence of: City of Palm Beach Gardens
By:
Witness
Print Name: Print Name
Witness
Print Name:
STATE OF —
COUNTY OF
The foregoing instrument was acknowledged before me this day of I , by
as of The City of Palm Beach Gardens, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
(SIGNATURES CONTINUED ON FOLLOWING PAGE)
Market.: South Florida
Site No.: FL -2558B
Site Name: Burns Road
Signed, sealed and delivered in the presence of:
Witness
Print Na
Witness
Print Name:
LESSEE:
Nextel South Corp., a Georgia corporation
d/b/a Nextel Communications
By:
Print Name: Richard A. Konkey
Title: Vice President of Engineering and Operations
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of by Richard A. Konkey, as Vice
President of Engineering and Operations for Nextel South Corp., a Georgia corporation, d/b/a Nextel Communications who is personally known
to me or who has produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
Notary Public
Print Name
My commission expires:
PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, Geography Awareness Week is November 11 -17; and
WHEREAS, National Geographic Information System (GIS) Day is November
14, 2001; and
WHEREAS, Geography Awareness Week promotes geographic literacy in
schools; and
WHEREAS, GIS is an important part of geography awareness; and
WHEREAS, the City of Palm Beach Gardens is committed to expanding GIS to
the general public in order to showcase real -world applications with GIS.
NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach
Gardens, do hereby proclaim November 14, 2001, as
NATIONAL GIS DAY
in the City of Palm Beach Gardens, Florida.
Carol Gold, MMC, City Clerk
IN WITNESS WHEREOF, I have
hereunto set my hand and
caused the Seal of the City of
Palm Beach Gardens, Florida, to
be affuced on this 1st day of
November, Two Thousand and
One.
mayor josepn rc. tcusso
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Honorable Mayor and Council Members
APPROVED: Ron Ferris, City Manager
FROM: Charles Wu, Growth Management Director
SUBJECT: GIS Day 2001
DATE: 9/20/2001
GIS Day 2001 has been scheduled for Wednesday, November 14, 2001. GIS Day is part of the National
Geographic Society's exciting new initiative, Geography Action 2001. Geography Action 2001 is a
yearlong initiative encompassing key educational achievements such as GIS Day and Geography
Awareness Week
The principal sponsors of this year's event are the National Geographic Society, Association of American
Geographers (AAG), University Consortium for Geographic Information Science (UCGIS), the Library of
Congress, the U.S. Geological Survey (USGS), and ESRI. We are asking for your help in making GIS Day
2001 an even greater success by once again declaring GIS Day in Palm Beach Gardens. Hundreds of
organizations around the world are already signed up to host a GIS Day event in their community. They
will be educating children and adults about how geographic information system (GIS) technology, through
geography, affects their lives every day.
Your support will motivate area residents and interested parties to join or attend GIS Day activities and
expand their knowledge. New technology impacts our lives every day; let us use this technology to further
the education of geography and create a solid foundation for the next generation. The City Of Palm Beach
Gardens, Growth Management Department will have a GIS Day presentation in City Council Chambers
on November 14'', 2001, from 9:00 a.m. to 10:00 a.m. There will be a map gallery and automated
demonstrations in the City Hall through out the day.
We would like to use this opportunity to help everyone understand the importance of GIS and geography
and how they contribute to our daily lives. Please support us again in our endeavors by declaring
November 14, 2001, as GIS Day.
On behalf of the GIS Division of Growth Management Department we would like to thank you for your
time. Please call Mary Lou Babich, GIS Tech, at 779 -4239 if you have any questions or require additional
information.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: November 1, 2001
Date Prepared: October 5, 2001
Subject/Agenda Item:
Second reading of Ordinance No. 3, 2001, repealing Division 4 of Chapter 2, Article IV of
the City Code of Ordinances entitled "Alternate Procedure For Enforcement" and creating
a new Division 4 of Chapter 2, Article IV of the City Code of Ordinances entitled "Code
Enforcement Citation Ordinance" providing for the authority of Code Enforcement Officers,
establishing a procedure for issuance, and a class of violations stating specific code
sections approved for citation issuance, establishing county court jurisdiction and creating
a fine schedule.
Recommendation /Motion:
Code Enforcement Staff recommends that Ordinance No. 3, 2001 be adopted.
Reviewed by
Originating Dept.:
Costs: $ N/A
Council Action:
Total
City Attorn
Growth Management
[ ] Approved
Finance
Code Enfor e t
( ]Approved w/ conditions
Other
j
Divr 'o
C�
Kelvin ise,
[ ]Denied
Code Enforcement
Administrator
Funding Source:
( ] Continued to:
Advertised:
Date:
( ] Operating
Attachments:
[ ] Other
1. Ordinance No. 3, 2001
2. Memorandum to City
Manager re: Staff
Training
Paper: Palm Beach Post
[ ] Not Required
ittteedp by:
Growth Mgt. Director
Affected parties
Budget Acct. #:
Charles K. Wu, AICP
[ ]Notified
[ ]None
Approve
City Mana er
[ x ] Not required
City Council
Meeting Date: November 1, 2001
Date Prepared: October 5, 2001
Ordinance 3, 2001
BACKGROUND:
In 1996, Division 4 of Chapter 2, Article W of the City's Code of Ordinances became the enabling
ordinance for an alternate procedure for enforcement of code violations as provided for in Chapter
162, Florida Statutes. It established the following: a procedure for issuance; compliance timeframes;
the contents of the citation; the filing procedure; the definition of civil infraction; and supplemental
provisions. In discussions with other code enforcement professionals in Brevard, Palm Beach,
Broward and Dade Counties, staff became aware of a uniform procedure of incorporating the specific
codes into the enabling ordinances, creating fine schedules, and establishing the court having
jurisdiction. Staff feels that adoption of this ordinance would provide an additional code enforcement
system that would enhance the City's ability to promote, protect and improve the health, safety and
welfare of the citizens through the code enforcement process.
HISTORY:
The City Council passed Ordinance 3, 2001 with no revisions on first reading at the regular meeting
on October 4, 2001.
RESEARCH:
Code enforcement personnel across the state believe the citation method is an important tool for
enforcing local codes and ordinances. A survey of four county and three municipal citation
ordinances was conducted to develop the proposed amendment (Alachua County, Volusia County,
Orange County, Palm Beach County, the City of West Palm Beach, the Town of Jupiter and the City
of Boca Raton). All of the above were closely adapted from Florida Statute 162.21 through 162.23.
Staff felt these ordinances presented the most clearly defined method of citation usage.
The actual citation form is directly based on the Florida Uniform Citation currently used across the
state by other code enforcement agencies. We are currently using the Florida Uniform Citation for
violations of water use regulations during Phase H water restrictions.
ANALYSIS:
A citation is similar to a ticket issued by a police officer. The citation is issued to the actual "person"
found violating the code. The person issued the citation has options to either pay the citation or
contest it in court. Under the present parameters of the Code Enforcement Special Master process,
staff issues a notice of violation to the owner of the property where the violation occurs. A citation
places the responsibility for compliance on the actual violator, and not the property owner.
2
City Council
Meeting Date: November 1, 2001
Date Prepared: October 5, 2001
Ordinance 3, 2001
Citations are particularly advantageous for enforcement of repeat violations and safety- related
violations. An example of this would be code enforcement staff observing a landscaping contractor
placing vegetative trimmings and waste in the City's swale for Waste Management to remove on the
next designated pickup. Presently, staff can only issue a Notice of Violation to the property owner
for allowing the contractor to illegally place the vegetative waste out for City removal. With the
code enforcement citation program, the code inspector could issue a citation directly to the landscape
company observed placing the waste for Waste Management to remove.
BENEFITS:
1. Immediate attention to correction of the infraction. The enforcement process takes less time with
a citation than with the traditional code enforcement methods. In many instances, a code
violation may take from 30 to 45 days before the case is presented to the Special Master. A
citation requires no more than 30 days to comply.
2. The psychological effect of the citation sends a clear and distinct message of the City's
commitment to enforcement of its codes and ordinances to the violator and the public in general.
3. Offenders are less likely to drag out compliance and avoid payment of fines and penalties, as in
the case of traditional code enforcement methods.
4. Offenders have the opportunity to challenge the citation before a judge, if they feel they were
wrongly accused. They risk facing assessment of the maximum fine and court costs, however,
if they lose their case.
5. The citation method is a supplemental enforcement method only and not intended to replace the
existing Code Enforcement Special Master procedure.
6. Citation use has the potential to generate approximately $32,000.00 in revenue to the City's
General fund. (Staff used the fees listed in Schedule `B" to estimate the anticipated revenue
based upon a review of Class IV violations investigated by staff in FY 2000 - 2001.)
PROCEDURE:
Schedule "A," the violation classification list, was based on a review of similar violation
classification lists from the above referenced government agencies. Additions to or deletions from
any of the violation classes would require an amendment to the code and adoption by City Council.
Any violation listed in Schedule "A" may be enforced with a citation or through the Code
Enforcement Special Master process. The determining factors depend on the individual
circumstances, evidence found during the investigation, and the nature and severity of the violation.
The discretion of the code inspector is also a key component as it relates to the severity of the
violation and any other mitigating factors, such as repeat violator or habitual offender status of the
individual involved.
3
City Council
Meeting Date: November 1, 2001
Date Prepared: October 5, 2001
Ordinance 3, 2001
The code sections identified in Class I are those most often observed by code inspectors and
represent the least threat to the health, safety and welfare of the citizenry. Class H violations are
primarily aesthetic in nature and address several common nuisances. Class III violations include
those of the City's Land Development Regulations.
Class IV violations are identified as those that pose a serious threat to the health, safety and welfare
of the residents. Examples include unsecured swimming pools and violations of the Fire code. Also
included in this category is engaging in business without an occupational license. Although
Occupational License violations are not life - safety issues, staff believes that enforcement of this code
section with a high fine encourages violators to acknowledge the fact that operating a business in the
City is a privilege, and not a right.
The following steps are to be followed in order to issue a citation for a code violation:
1. Photograph the scene for evidence to support violation.
2. Address the violator and state identity by name and title. Notify the violator that he or she is in
violation of the specific code section and your authority to take enforcement action.
3. Identify the violator. Ask for driver's license or other form of picture identification.
4. Issue written warning (Violation Notice) for violation of affected code section. Indicate
corrective action to be taken and compliance time frame. The period shall not exceed 30 days.
5. Re- inspect for compliance as provided in the Violation Notice.
6. If the violation has not been corrected as stated in the Violation Notice, the citation may be
issued to the individual that received the Violation Notice.
7. Complete all pertinent information on the citation form.
8. If the violator refuses to pay the fine within the 10 days specified on the citation, the Code
Enforcement Division must request the case be scheduled by the court for judgment for failure
to pay, which may result in an outstanding warrant for arrest.
A Respondent may contest the citation by signing in the appropriate section on the back of the
citation, then mailing or returning it to any of the four courthouses in Palm Beach County within ten
calendar days of issuance. This is clearly stated on the back of the citation. The Clerk of the Court
then subpoenas all parties and schedules a court date. The code inspector appears before the Judge
with his case file, all evidence to support the City's case and a certified copy of the enabling
ordinance. The Judge hears both sides and a decision is rendered. It should be noted, that the
violation must be corrected before the court appearance, or the Respondent's chances of prevailing
are significantly decreased. If the Judge finds in favor of the respondent, no cost or penalty is
imposed. If the City prevails, a fine is assessed at the discretion of the Judge, which may not exceed
$500.00 plus court costs. The respondent may also be designated as a Repeat Violator under Florida
Statutes. In that case, higher fines may be assessed, not to exceed $500.00.
4
City Council
Meeting Date: November 1, 2001
Date Prepared: October 5, 2001
Ordinance 3, 2001
A Respondent who complies and pays the citation penalty in full, thereby admitting guilt, may also
be designated as a Repeat Violator under Florida Statutes.
FINE SCHEDULE:
Schedule `B," the fine schedule, is based on ordinances from the agencies previously stated and is
consistent with their fine schedules.
All fines generated by the citations are returned to the City and may be deposited in the General Fund
or a specifically designated account for fines, less court costs. Court costs are determined by the
Clerk of the Court of the Fifteenth Judicial Circuit, and are currently $8.00.
Court costs are assessed on each citation issued. The established policy by the Clerk of the Court
provides that code enforcement citations shall be paid within thirty days of issuance. The Finance
Department of the Court processes citation payments on a monthly basis. A report to each
municipality is issued with payment detailing citation numbers both paid and unpaid.
STAFF RECOMMENDATION:
Code enforcement staff recommends adoption of Ordinance 3, 2001.
Original: June 4, 2001
Revised:
ORDINANCE NO. 3, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING THE CODE OF
ORDINANCES BY REPEALING DIVISION 4 OF CHAPTER 2,
ARTICLE IV, ENTITLED "ALTERNATE PROCEDURE FOR
ENFORCEMENT" IN ITS ENTIRETY, AND CREATING A NEW
DIVISION 4 OF CHAPTER 2, ARTICLE IV, ENTITLED "CODE
ENFORCEMENT CITATION ORDINANCE "; PROVIDING FOR
RULES OF CONSTRUCTION; PROVIDING FOR AUTHORITY OF
CODE ENFORCEMENT OFFICERS; PROVIDING FOR PROCEDURES
FOR ISSUANCE; PROVIDING FOR PENALTIES; PROVIDING FOR
COUNTY COURT JURISDICTION; PROVIDING FOR PROVISIONS
SUPPLEMENTAL; PROVIDING FOR FINE SCHEDULES FOR CODE
ENFORCEMENT CITATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Division 4 of Article IV, Chapter 2 of the City's Code of Ordinances
provides for an alternate procedure for code enforcement, in accordance with Section
162.21(3)(a), Florida Statutes; and
WHEREAS, as currently drafted, Division 4 of Article IV, Chapter 2 of the City's
Code of Ordinances does not set forth the specific procedures and policies for the issuance of
code enforcement citations; and
WHEREAS, the City Council of the City of Palm Beach Gardens, has determined
it to be in the best interest of the City to provide a new mechanism for the issuance of code
enforcement citations in accordance with Florida law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA THAT:
Section 1. Division 4 of Article IV, Chapter 2 of the Code of Ordinances of the
City of Palm Beach Gardens, entitled "Alternate Procedure For Enforcement" is hereby
repealed.
Section 2. The City Council hereby adopts a new Division 4 of Article IV,
Chapter 2 of the Code of Ordinances of the City of Palm Beach Gardens, to read as follows:
ARTICLE IV
DIVISION 4
CODE ENFORCEMENT CITATION SYSTEM
Sec. 2 -261. Title.
This division shall be known and cited as the Code Enforcement
Citation Ordinance of the City of Palm Beach Gardens.
Sec. 2 -262. Rules of construction.
For the purpose of administration and enforcement of this
ordinance or division, unless otherwise stated in this article, the
following rules of construction shall apply to the text of this
article:
(a). The word "shall" is always mandatory and not
discretionary; the word "may" is permissive.
(b). The word "person" includes any natural person,
2
individual, public or private corporation, firm,
association, joint venture, partnership,
municipality, governmental agency, political
subdivision, public officer or any other entity
whatsoever, or any combination of such, jointly or
severally.
Sec. 2 -263. Authority of code enforcement officer.
(a) A code enforcement officer is authorized to issue
a citation to a person when, based on personal
investigation, the officer has reasonable cause to
believe that the person has violated a duly enacted
city code or ordinance.
(b) A citation may be issued for a violation of any city
code or ordinance except building codes adopted
pursuant to F.S. §553.73, as they apply to
construction. Code enforcement officers shall have
no power of arrest.
Sec. 2-264. Procedures.
(a) Prior to issuing a citation, a code enforcement
officer shall provide a written violation notice to
3
the person that the person has violated a provision
of the city code or ordinance.
(b) The written violation notice shall establish a
reasonable time period, of not less than five (5)
calendar days and not to exceed thirty (30) days,
within which the person must correct the violation.
However, if a repeat violation is found, or if the
code enforcement officer has reason to believe
that the violation presents a serious threat to the
public health, safety or welfare, or if the violation
is irreparable or irreversible, the code enforcement
officer may immediately issue a citation to the
alleged violator.
(c) If, after personal investigation, the code
enforcement officer finds that the person has not
corrected the violation within the time period, the
officer may issue a citation to the person who has
committed the violation.
(d) After issuing the citation to the alleged violator, the
code enforcement officer shall deposit the original
and one copy of the citation with the county court
within seventy -two (72) hours of issuance by
4
certified mail or personal service.
(e) The code enforcement officer shall inform the
alleged violator that payment of the citation shall
be made within ten (10) days of the date of
issuance.
(f) The code enforcement officer shall inform the
alleged violator that he or she may contest the
citation by contacting the Clerk of the Court within
ten 0 0) calendar days of issuance of the citation.
Sec. 2 -265. Penalties.
(a) A violation of a city code or ordinance is a civil
infraction.
(b) There is established a maximum civil penalty not to
exceed five hundred dollars ($500.00) per
(c) Any person who has committed a civil infraction
and does not contest the citation shall be assessed
a penalty as set forth in Schedule "B."
(d) The penalties for uncontested violations are set
forth in the attached uniform fine schedule and
incorporated herein as Schedule "B" located at the
5
end of this article. If the person cited elects to pay
the applicable penalty set forth in Schedule "B,"
the person shall be deemed to have admitted the
infraction and waived the right to a hearing. The
substantive code provisions to Schedule "A" may
be added or deleted by ordinance.
(e) Repeat violations may be assessed fines in the next
higher class as specified in Schedule "B." Third -
time offenses will be considered class IV
violations, or an additional amount of one hundred
dollars ($100.00) will be assessed, whichever is
greater, not to exceed five hundred dollars
($500.00). Adjudication as a Repeat Violator shall
be proved by either payment of the penalty by the
respondent, or by decree of a judge of the County
Court in and for the Fifteenth Judicial Circuit or by
a finding of fact by the code enforcement special
master of the city. Fourth -time offenders shall
require a mandatory court appearance in the
County Court in and for the Fifteenth Judicial
(f) Any person who willfully refuses to sign and
6
accept a citation issued by a code enforcement
officer shall be guilty of a misdemeanor of the
second degree, as provided by F.S. §775.082 or
775.083, and punishable by a fine not to exceed
five hundred dollars ($500.00) or by imprisonment
in the county jail not to exceed sixty (60) days or
by both fine and imprisonment.
Section 2 -266. County Court jurisdiction.
(a) The County Court in and for the Fifteenth Judicial
Circuit shall hear charges of code violations
pursuant to the issuance of citations.
(b) Any person so charged may contest the citation in
the County Court within ten (10) calendar days.
Section 2 -267. Provisions supplemental.
The provisions of this division are additional and supplemental
means of enforcing codes or ordinances and may be used for the
enforcement of any code or ordinance, or for the enforcement of
all codes and ordinances. Nothing contained in this division shall
prohibit the city from enforcing its codes or ordinances by any
other means.
FA
SCHEDULE "A"
CODE SECTION
DESCRIPTION
CLASS
Ch. 78, Sec. 784
Prohibited signs
I
Ch. 78, Sec. 393
Parking & storage
of Commercial
Vehicles
Ch. 78, Sec. 395
Parking & storage
of recreational
vehicles and boats
Ch. 34, Sec. 181
Nuisance declared -
Inoperable/
Unregistered
vehicles
Ch. 54, Sec. 58
Trash off schedule
I
Ch. 54, Sec. 60
Excessive trash
II
out for collection
Ch. 78, Sec. 376
Outdoor storage —
II
residential
Ch. 78, Sec. 78
Noise
II
(b)
Ch. 78, Sec. 661
Liquid waste
II
(k)(1)
discharge
prohibited
Ch. 78, Sec.
Solid waste
II
661(k)(2)
accumulation
prohibited
Ch. 78, Sec. 112
Building permit
II
required
Ch. 14, Sec. 6
Animal nuisance
II
Ch. 14, Sec. 36
Animals depositing
II
excreta on
public /private
property prohibited
SCHEDULE "A" Continued
CODE SECTION
DESCRIPTION
CLASS
Ch. 86, Div. 3,
Pools- Clarity of
III
Sec. 194
water
Ch. 78, Sec. 328
Hatracking of trees
III
(c)(1)
prohibited
Ch. 78,
Failure to comply
III
Sec. 302 (a)
with landscaping
plan
Ch. 78,
Failure to comply
III
Sec. 742 (a)(2)
with approved
development order
Ch. 78,
Outdoor display of
III
Sec. 147 (a)
merchandise
Ch. 78,
Certificate of
III
Sec. 113 (a)
occupancy
required
Ch. 78. Sec. 182
Illumination of
III
uses and buildings
Ch. 78,
Landscaping plan
III
Sec. 304
required
Ch.78,
Landscaping
III
Sec.329
maintenance
required
Ch. 78,
Clear cutting of
III
Sec. 331
trees prohibited
Ch. 66, Art. II,
Occupational
IV
Sec. 46
license required
Ch. 74, Sec. 65
Illicit discharge into
IV
stormwater system
Ch.86, Art. V,
Pools- barriers
IV
Div. 4, Sec. 222
required
Ch.86, Art. V,
Pools -Gates &
IV
Div. 4, Sec. 223
doors required
Ch. 14, Sec. 33
Animals at large
IV
Ch. 38, Sec. 88
Fire Codes -Life
IV
safety
61-M411114MI.- y
Section 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. Codification. The Sections of the Ordinance shall be codified in the
City Code of Ordinances and may be renumbered or relettered to accomplish such, and
the word "Ordinance" may be changed to "section," "article," or any other appropriate
word.
Section 6. Effective Date. This Ordinance shall take effect immediately upon
adoption.
10
FINE
COURT COSTS
TOTAL
Class 1
$50.00
$8.00
$58.00
Class II
$75.00
$8.00
$83.00
Class III
$125.00
$8.00
$133.00
Class IV
$250.00
$8.00
$258.00
Section 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. Codification. The Sections of the Ordinance shall be codified in the
City Code of Ordinances and may be renumbered or relettered to accomplish such, and
the word "Ordinance" may be changed to "section," "article," or any other appropriate
word.
Section 6. Effective Date. This Ordinance shall take effect immediately upon
adoption.
10
PLACED ON FIRST READING THIS 4th DAY OF OCTOBER, 2001.
PLACED ON SECOND READING THIS DAY OF , 2001.
PASSED AND ADOPTED THIS DAY OF , 2001.
JOSEPH R. RUSSO, MAYOR LAUREN FURTADO, COUNCILMEMBER
ERIC JABLIN, VICE MAYOR
ATTEST:
CAROL GOLD, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER FURTADO
COUNCILMEMBER SABATELLO
COUNCILMEMBER CLARK
CARL SABATELLO, COUNCILMEMBER
DAVID CLARK, COUNCILMEMBER
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY ATTORNEY
AYE
11
I.r_1-i
ABSENT
L
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: October 2, 2001
APPROVED: Charles Wu, Growth Management Director UUA4
FROM: Kelvin L. Wise, Code Enforcement Administrato"RV�
SUBJECT: Code Enforcement Officer Training Procedures for Citation Use
The formal citation training procedure for code enforcement staff is based upon training
materials I have obtained from a recent class taught by Ruby Childers, Manager of
Administer Services for the City of Boca Raton. Additional reference material was
obtained from an eight -hour certification class conducted by our state association's legal
consultant, Mr. Robert Hamilton in 2000. I anticipate that training our code enforcement
personnel should take approximately four hours during the regular shift, scheduled for
October 17, 2001. The training procedure will be divided into three sections, with an
emphasis throughout that, citations are intended to supplement the traditional special
master enforcement procedure. The first section will cover the initial investigation, use
of the Warning Notice, and the follow up investigation. The second section will cover
the issuance of the Citation, discussion of payment options and proper processing of the
Citation. The third section will cover courtroom procedures if a hearing is requested by
the violator.
Procedure for issuing a Warning Notice:
Upon personally observing a violation, the following steps will be required to issue a
Warning Notice in compliance with Ordinance 3, 2001 and Florida Statute 162.21:
1. Determine if the activity is a violation of one of the code sections stated in Schedule
A of Ordinance 3, 2001.
2. Take photographs of evidence to support the violation. Indicate time, date and
location. Insure that the photograph is placed in the case file.
3. Address the person violating the code and identify yourself by name and title. Inform
the individual of the violation they are committing and your authority to take
enforcement action.
4. Identify the violator. Ask for driver's license or other form of pictured identification.
5. Issue a "Warning Notice ".
❑ Indicate complete vehicle description, if applicable.
❑ Note the code section that is the subject of the violation.
❑ Indicate the corrective action, including a brief violation description (e.g. Remove
AAABest Roofing Contractor van from the property.)
• Provide the location of the violation (e.g. front or rear yard, right side of the
house.)
• Indicate compliance period. This shall be not less than 5 days.
• Obtain signature of the individual.
❑ Reinspect the property at the conclusion of the compliance period.
Procedures for issuing a Citation:
Upon personally observing a violation, the following steps will be required to issue a
Citation in compliance with Ordinance 3, 2001 and Florida Statute 162.21:
1. Determine if the activity is a violation of one of the code sections stated in Schedule
A of Ordinance 3, 2001.
2. Take photographs of evidence to support the violation. Indicate time, date and
location. Insure that the photograph is placed in the case file.
3. Address the person violating the code and identify yourself by name and title. Inform
the individual of the violation they are committing and your authority to take
enforcement action.
4. Identify the violator. Ask for driver's license or other form of pictured identification.
5. If the individual issued the warning notice failed to comply within the compliance
time frame, or if the violation is of such a nature that poses a serious threat to the
health, safety or welfare, or if the violation is irreparable or irreversible, a Citation
may be issued.
❑ Indicate the day of the week, month, year, and time the violation was observed.
❑ Indicate driver's license number or other pictured identification.
• Indicate the name, address and business data (if applicable); telephone number
date of birth, race, sex and height of the person in violation.
• Indicate the violation description (e.g. AAABest Roofing Contractor at the
residence.)
• Indicate the vehicle description, including tag number and expiration date. Note
the code section or the ordinance and section number.
• Note the location of the violation (e.g. right side of house.)
• Note the Violation class.
• Include the amount of the fine assessed for the Classification of Violation cited.
• Verify all sections of the Citation are completed.
• In a courteous and tactful manner, review the Citation with the violator. Explain
that the violator can either pay the citation or request a hearing within 10 calendar
days from the date of issuance.
• Obtain the signature of the violator. If the violator refuses to sign the citation,
inform him/her that failure to sign is a 2nd degree misdemeanor and may result in
arrest. If refusal to sign continues, withdraw from the scene and request
assistance from the police department. A refusal to sign witnessed by a police
officer constitutes a 2nd degree misdemeanor being committed in the officer's
presence and an arrest could take place.
• Sign the Citation and note the time and date of issuance after you have obtained
the signature of the violator.
• Give the yellow copy to the violator and withdraw from the scene.
• Mail the white original and goldenrod copy to the Clerk of the Court via certified
mail within 72 hours of issuance. Place the pink copy in the case file with the
Warning Notice copy and all photographs and investigative reports.
Court Appearance:
The following items are required before appearing in Court. The code enforcement
officer must obtain items 2 -5 below and include them within the case file
accordingly:
1. The code enforcement officer shall be in the required uniform attire for court
appearance, which will properly identify him/herself as a code enforcement
officer for the City of Palm Beach Gardens to the clerk of the Court and the
Judge.
2. The officer will need a certified copy of the City's enabling Ordinance No. 3,
2001 authorizing the officer to issue a Citation and the Civil Penalty Schedule
within the ordinance.
3. The officer will need to obtain three certified copies of the specific code section
of the violation in the citation from the City Clerk. In the case of South Florida
Water Management District (SFWMD) watering restrictions, the officer shall also
have certified copies of the letter from SFWM D stating what phase of restrictions
are in force, what those restrictions are and the Declaration of Water Shortage
Emergency.
4. The officer shall have photographs taken relative to the Citation issued.
5. The officer shall have a copy of the original Written Warning Notice and the
Citation issued.
6. Upon the Judge's ruling, the officer shall obtain a copy of the final judgment for
the case file before leaving the Courthouse. The officer shall update the log of
events in the case file. The case file shall be returned to the Code Enforcement
Administrator for debriefing.
The Courthouse staff will prepare all necessary documentation for the Judge such as:
Judgements and Warrants as applicable. (Note: A judgment is usually issued if the
violator simply did not pay the citation; a Warrant is issued if the defendant did not
show up for court. The Judge makes this determination.)
Past experience from my counterparts, indicate these procedures have been taught to
novice officers with great success. Our current group of officers collectively has
approximately fifteen years of experience in criminal and non - criminal enforcement.
I am confident they will be able to implement the citation system correctly.
Reference material will be issued to each officer for reinforcement, if necessary.
Actual field use of citations will commence upon adoption of Ordinance 3, 2001.
.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: October 2, 2001
APPROVED: Charles Wu, Growth Management Director CMA4
FROM: Kelvin L. Wise, Code Enforcement Administrator
SUBJECT: Code Enforcement Officer Training Procedures for Citation Use
The formal citation training procedure for code enforcement staff is based upon training
materials I have obtained from a recent class taught by Ruby Childers, Manager of
Administer Services for the City of Boca Raton. Additional reference material was
obtained from an eight -hour certification class conducted by our state association's legal
consultant, Mr. Robert Hamilton in 2000. I anticipate that training our code enforcement
personnel should take approximately four hours during the regular shift, scheduled for
October 17, 2001. The training procedure will be divided into three sections, with an
emphasis throughout that, citations are intended to supplement the traditional special
master enforcement procedure. The first section will cover the initial investigation, use
of the Warning Notice, and the follow up investigation. The second section will cover
the issuance of the Citation, discussion of payment options and proper processing of the
Citation. The third section will cover courtroom procedures if a hearing is requested by
the violator.
Procedure for issuing a Warning Notice:
Upon personally observing a violation, the following steps will be required to issue a
Warning Notice in compliance with Ordinance 3, 2001 and Florida Statute 162.21:
1. Determine if the activity is a violation of one of the code sections stated in Schedule
A of Ordinance 3, 2001.
2. Take photographs of evidence to support the violation. Indicate time, date and
location. Insure that the photograph is placed in the case file.
3: =- Address the= erson'vio atin `the -code arid`ident f
p g Y Yoursel ' by name and °title: "Inform - -" -'- - -- - --
the individual of the violation they are committing and your authority to take
enforcement action.
4. Identify the violator. Ask for driver's license or other form of pictured identification.
5. Issue a "Warning Notice ".
❑ Indicate complete vehicle description, if applicable.
❑ Note the code section that is the subject of the violation.
❑ Indicate the corrective action, including a brief violation description (e.g. Remove
AAABest Roofing Contractor van from the property.)
• Provide the location of the violation (e.g. front or rear yard, right side of the
house.)
• Indicate compliance period. This shall be not less than 5 days.
• Obtain signature of the individual.
• Reinspect the property at the conclusion of the compliance period.
Procedures for issuing a Citation:
Upon personally observing a violation, the following steps will be required to issue a
Citation in compliance with Ordinance 3, 2001 and Florida Statute 162.21:
1. Determine if the activity is a violation of one of the code sections stated in Schedule
A of Ordinance 3, 2001.
2. Take photographs of evidence to support the violation. Indicate time, date and
location. Insure that the photograph is placed in the case file.
3. Address the person violating the code and identify yourself by name and title. Inform
the individual of the violation they are committing and your authority to take
enforcement action.
4. Identify the violator. Ask for driver's license or other form of pictured identification.
5. If the individual issued the warning notice failed to comply within the compliance
time frame, or if the violation is of such a nature that poses a serious threat to the
health, safety or welfare, or if the violation is irreparable or irreversible, a Citation
may be issued.
• Indicate the day of the week, month, year, and time the violation was observed.
• Indicate driver's license number or other pictured identification.
• Indicate the name, address and business data (if applicable); telephone number
date of birth, race, sex and height of the person in violation.
❑ Indicate the violation description (e.g. AAABest Roofing Contractor at the
residence.)
• Indicate the vehicle description, including tag number and expiration date. Note
the code section or the ordinance and section number.
• Note the location of the violation (e.g. right side of house.)
o Note the Violation class.
o Include the amount of the fine assessed for the Classification of Violation cited.
o Verify all sections of the Citation are completed.
❑ In a courteous and tactful manner, review the Citation with the violator. Explain
° -that the violator can eitiher pay -the citation or requesta hearing within 10 calendar
days from the date of issuance.
❑ Obtain the signature of the violator. If the violator refuses to sign the citation,
inform him/her that failure to sign is a 2nd degree misdemeanor and may result in
arrest. If refusal to sign continues, withdraw from the scene and request
assistance from the police department. A refusal to sign witnessed by a police
officer constitutes a 2nd degree misdemeanor being committed in the officer's
presence and an arrest could take place.
I......
• Sign the Citation and note the time and date of issuance after you have obtained
the signature of the violator.
• Give the yellow copy to the violator and withdraw from the scene.
• Mail the white original and goldenrod copy to the Clerk of the Court via certified
mail within 72 hours of issuance. Place the pink copy in the case file with the
Warning Notice copy and all photographs and investigative reports.
Court Appearance:
The following items are required before appearing in Court. The code enforcement
officer must obtain items 2 -5 below and include them within the case file
accordingly:
1. The code enforcement officer shall be in the required uniform attire for court
appearance, which will properly identify him/herself as a code enforcement
officer for the City of Palm Beach Gardens to the clerk of the Court and the
Judge.
2. The officer will need a certified copy of the City's enabling Ordinance No. 3,
2001 authorizing the officer to issue a Citation and the Civil Penalty Schedule
within the ordinance.
3. The officer will need to obtain three certified copies of the specific code section
of the violation in the citation from the City Clerk. In the case of South Florida
Water Management District (SFWMD) watering restrictions, the officer shall also
have certified copies of the letter from SFWMD stating what phase of restrictions
are in force, what those restrictions are and the Declaration of Water Shortage
Emergency.
4. The officer shall have photographs taken relative to the Citation issued.
5. The officer shall have a copy of the original Written Warning Notice and the
Citation issued.
6. Upon the Judge's ruling, the officer shall obtain a copy of the final judgment for
the case file before leaving the Courthouse. The officer shall update the log of
events in the case file. The case file shall be returned to the Code Enforcement
Administrator for debriefing.
The Courthouse staff will prepare all necessary documentation for the Judge such as:
Judgements and Warrants as applicable. (Note: A judgment is usually issued if the
violator simply did not pay the citation; a Warrant is issued if the defendant did not
`- -- s 'ow up- or court: - -e -Ju ge -makes this -determination. -) - -
Past experience from my counterparts, indicate these procedures have been taught to
novice officers with great success. Our current group of officers collectively has
approximately fifteen years of experience in criminal and non - criminal enforcement.
I am confident they will be able to implement the citation system correctly.
Reference material will be issued to each officer for reinforcement, if necessary.
Actual field use of citations will commence upon adoption of Ordinance 3, 2001.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
SUBJECT /AGENDA ITEM
TXT -01 -04 — Nonconforming Uses Comprehensive Plan Amendment
First Reading & Public Hearing for Ordinance 33, 2001: A City- initiated amendment to the
Comprehensive Plan, pursuant to a City Council directive, to amend the nonconforming
uses language by removing the date (August 18, 2001) by which all legal nonconforming
uses in the City must be eliminated.
RECOMMENDATION
Staff recommends approval of Ordinance 33, 2001.
Reviewed by:
Originating Dept.:
FINANCE: NA
LPA Action:
Principal Planner
Growth Management:
[ ] Approved
Karen M. Craver C
Costs: $
[ ] App. w/ conditions
Project
Total
[ ] Denied
City ttorne
Y Y
Leonard G. R bin
Manager
John Liri(l`gren, AICP
[X] Rec. approval 7 - 0
$
[ ] Rec. app. w/ conds.
Finance NA
Current FY
[ ] Rec. Denial
[ ] Continued to:
Human Res. NA
Funding Source:
[ ]Operating
[ ] Other:
Submitted by:
Advertised:
Attachments:
Growth
Manag� n
Date: 10/8/01
[ ] Other
• Ordinance 33, 2001
VU�L
• Ordinance 26, 1999
Directo
Paper: The Palm
• Letter from City
Charles K. Wu, AICP
Beach Post
Attorney dated 5/18/01
Budget Acct. #:
• Comprehensive Plan
Approved b
pp y
City
Y Mana 9
[ Not Required
Language regarding
nonconformities
Affected parties:
Ronald M. Fe ris
[ ] Notified
[ ] None
[X] Not Required
City Council
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -04
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.
The LDR language regarding the date certain all legal nonconforming land 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. Through recent communications with
DCA, Staff has found that DCA no longer supports keeping the date certain language in
the City's Comprehensive Plan; therefore, this petition seeks to remove the date certain
language in the City's Comprehensive Plan that all legal nonconforming land uses must
come into compliance. The removal of the date certain language found in the City's LDRs,
most of which was done with the adoption of Ordinance 26, 1999 but needs to be re-
approved, will be addressed with a separate petition (TXT- 01 -05).
EXISTING NONCONFORMING LAND 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 Comprehensive Plan discussed above. As
discussed in the attached memorandum, the elimination of existing nonconforming land
uses may, under certain circumstances, constitute a taking of property without just
compensation unless certain safeguards are followed and certain requirements are met.
2
City Council
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -04
CITY COUNCIL'S DIRECTION
At its July 5, 2001 meeting, the City Council reviewed the City's nonconformities issue as
an item for discussion. City Council directed Staff to pursue the removal of the date certain
in the City's Comprehensive Plan requiring all legal nonconforming uses to come into
compliance or be removed.
LOCAL PLANNING AGENCY
At its August 28, 2001 meeting, the Planning and Zoning Commission, sitting as the Local
Planning Agency, reviewed this petition for amending the City's Comprehensive Plan
regarding nonconforming uses. The Commission voiced no concerns and voted 7 — 0 to
recommend approval of this amendment to the Comprehensive Plan.
STAFF RECOMMENDATION
Based on the comments from the City Attorney, discussions with the Florida Department
of Community Affairs, the Planning and Zoning Commission recommendation and Council
directive, Staff recommends the removal of the language from the City's Comprehensive
Plan regarding a date certain (August 18, 2001) by which all legal nonconforming land uses
must become conforming or be removed.
g /john: W0104 =2
November 1, 2001
ORDINANCE 33, 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 BASED ON THE
RECOMMENDATIONS OF THE LOCAL PLANNING AGENCY
AND STAFF; AMENDING POLICY 1.1.5.8 OF THE FUTURE
LAND USE ELEMENT TO REMOVE A DATE CERTAIN FOR
NON - CONFORMING USES; PROVIDING FOR
TRANSMITTAL; PROVIDING FOR CODIFICATION IN THE
COMPREHENSIVE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the proposed text amendment (TXT- 01 -04) to the Future Land Use
Element of the City's Comprehensive Plan has been prepared and reviewed by City Staff,
who has determined that it meets all criteria set forth in Section 163.3184, Florida Statutes;
and
WHEREAS, on August 28, 2001, the Planning and Zoning Commission, as the duly
constituted Local Planning Agency for the City, after a public hearing, recommended the
proposed amendments to the City's Comprehensive Plan; and
WHEREAS, the City has received public input and participation through public
hearings before both the Local Planning Agency and the City Council, in accordance with
Section 163.3181, Florida Statutes; and
WHEREAS, the City Council determines that the adoption of the text amendment
to the City's Comprehensive Plan is in the best interests of the residents and citizens of the
City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Future Land Use Element of the Comprehensive Plan of the City of
Palm Beach Gardens is hereby amended as follows (added words underlined; deleted
words struck):
Policy 1.1.5.8.: Owners of property containing uses not consistent with the
Comprehensive Plan and Land Development Regulations, made inconsistent or
Ordinance 33, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -04
nonconforming by the City or other qoverninq agencies, .,!!!
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nonconforming use provided that the following conditions are met. These legal
nonconforming uses will not be allowed to expand, will not be allowed to be moved or
relocated, will not be allowed to be reestablished if ceased for a six (6) consecutive month
period or eighteen (18) months within a three (3) year period, and or if damaged or
destroyed by more than 50% of their value, :kill nn+ h^ n11^,.,^rl +^ h^ recc ±Mh!!ch ^d Legal
Nnonconforminq uses are defined as lots, structures, and uses of land and structures that
were lawful before the adoption or amendment of a regulation, but which would be
prohibited, regulated or restricted under the terms of the regulation or future amendment.
Section 2. The City Growth Management Director is hereby directed to ensure that
this ordinance and all other necessary documents are transmitted to the Florida
Department of Community Affairs and other State agencies or departments in accordance
with Section 163.3184(3) of the Florida Statutes and, together with the City Clerk, to ensure
that this ordinance is codified as part of the Comprehensive Plan of the City.
Section 3. Should any section or provision of this ordinance, or any portion,
paragraph, sentence, or work thereof be declared by any 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 4. All ordinances or parts thereof in conflict herewith are hereby repealed
to the extent of such conflict.
Section 5. This ordinance shall be effective in accordance with Section
163.3189(2), Florida Statutes.
PLACED ON FIRST READING THIS 1St DAY OF NOVEMBER 2001.
PLACED ON SECOND READING THIS DAY OF
2002.
PASSED AND ADOPTED THIS DAY OF 2002.
2
JOSEPH R. RUSSO, MAYOR
Ordinance 33, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -04
ERIC JABLIN, VICE MAYOR
LAUREN FURTADO, COUNCILWOMAN DAVID CLARK, COUNCILMAN
CARL SABATELLO, COUNCILMAN
ATTEST:
CAROL GOLD, CMC, CITY CLERK
BY:
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
CITY ATTORNEY
VOTE: AYE NAY
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
g /john: W0104.or2
ABSENT
May 10, 1999
ORDINANCE 26, 1999
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,
NONCONFORMITIES SECTION 118 -611, 118-612,118-613,
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 THEREOF IN
CONFLICT; PROVIDING FOR SEVERABILTTY;
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:
$ECTION 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 underlined; deleted words
stnzck):
Sec. 118- 611.1ntent pf article.
Where there exists lots, structures, premises 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)
SECTION 2. Sections 118 -612 through 118 -616 are hereby repealed in their entirety and
replaced with the following new sections:
Sec. 118- 612 ]Definitions
pimensipnal nonconformity. The failure of a Jgt, premises or structure or any combination
thereof to comply with one or xngre gf the following standards established in this chapter;
(1) ininimum building site area and width
(2) minimum building setback
piaximum building lot coverage_
(4) inaximum 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, bv_ reason of dimensional
nonconformity. fails to comply with a provision of this chanter.
Nonconforming use of structure and premises in combination. A structure. building. site
element, lot or dimension of land. or any combination thereof which was not prohibited when
commenced or constructed but which fails to meet the requirements of this chanter.
2
NOncpnformine vremises, PremiSes which are ppxicppforning to the present requirements
of this chapter due to eon- structural site elements. including. but not limited to the following:
(1) Required parking and loading spaces;
(2 Required dumpster or ether trash receptacle space;
(3) Vehicle stacking requirements;
(4) Required access lanes
(5) Required screening, landscaping and related site improvements;
pedestrian circulation requirements;
(D Required signs:
(8). Required lighting. or
(9) Qther site improvement requirements
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 minimum 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 structure, 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 characteristics
of the structure or building, the structure or building may be continued so long as it remains
otherwise lawful, subject to the following:
(1) JVormal maintenance, Normal maintenance or repair to permit continuation of a
nonconforming structure may be performed in any period of twelve consecutive
months, as well as repair or replacement of nonbearing walls, fixtures, wiring or
plumbing, to an extent not exceeding twenty percent (200/4) of the current assessed
value of the structure.
(2) Alteration or expansion. A nonconforming structure or building may be altered or
expanded subject 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. Reduce the impact of the nonconformity,
b. ]Do not create additional structures or uses prohibited in the Zoning pistrict;
and
C. Shall not incur a cost in excess of 50% 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 part, 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 pistrict in which it is located.
(4) Damage and Restoration ofnonconforming structures or buildings. If such structure
or improvement is destroved by anv means to an extent of 50 percent or more of its
appraised value. it shall not be reconstructed except in conformity with this chanter.
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 combination. exists on August 18.
1994 that would not be allowed in the district under the terms of this chapter. the lawful use may be
continued so long as it remains otherwise lawful and meets all other land development regulations,
subject to the following:
(1) Normal maintenance. Normal maintenance or repair to permit continuation of
nonconformine premises or structure and premises in combination may be performed
in any period of twelve consecutive months. as well as repair or replacement of
nonbearing walls. fixtures. wiring or plumbing. to an extent not exceeding twenty
4
percent (20 %) of the current assessed value o f the structure,
(2) 41teratipn or expansion. Nonconforming premises or use of structure and premises
in combination may be altered or expanded upon approval of the Zoning aoard of
/-Appeals (ZBA). Such alterations or expansion shall be found by the ZBA to:
a. Reduce the impact of the nonconformity, 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;
b4 po not create additional premise features or structures and premises in
combination prohibited in the Zoning ]District; and
c. $hall not incur a cost in excess of 50% of the value of the structures and
premises in combination within a 12 month period.
(3) Damage 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 shall not be reconstructed except in conformity with this chapter.
f 4) Discontinuance. 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
not 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.
/l4... - 1A01/ 4 1 cA 1 n c%
`VVUV 1/U I, y L✓l. LA---1J
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.
E
,7o`�
PLACED ON FIRST READING THIS DA OF 99.
PLACED ON SECOND READING T S LAY OF �iY�_. '1999.
PASSED AND ADOPTS THIS / %AY OF 1999.
SEPi R. RUSSO CO SABATELLO
VICE MAYOR LAUREN FURTADO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
I-
r �
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO -�
VICE MAYOR FURTADO T/
COUNCILMAN SABATELLO
COUNCILMAN JABLIN
COUNCILMAN CLARK
G:\Short Range \bct9908.ord2.wpd
0
M E M O R A N D U M
WATTERSON, HYLAND & KLETT, P.A.
To: Charles Wu, Growth Management Director
From: Leonard G. Rubin, City Attorney
Re: Elimination of Nonconforming Uses��G. 0�
0
File No: 319.060
Date: May 18, 2001 N�NG
1�
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. 1 s'
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. 2nd 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. 5t' 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 18`h of this year.
Should you have any additional questions relative to the foregoing, please do not hesitate
to contact me.
PACPWin \HISTORY\010515A\441.4B (319.060)( #75)
Comp L NJ
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.
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
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 Planning Area shall be
delineated on the 2015 Future Land Use Map. This area is generally located south of the
Beeline Highway; west of the West Palm Beach Water Catchment Area; east of the J.W.
Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the
southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard.
Through an interlocal agreement, the City_ , Palm Beach County and the City of West Palm
Beach shall provide for a means of intergovernmental cooperation in implementing the
recommendations of the Western Northlake Boulevard Corridor Land Use Study, dated
June 8, 1998. The provisions of this interlocal 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 AlA urban interchange,
FUTURE LAND USE 6/99 1 -30
#99 -1 Amendment Ordinance 27, 1999
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
SUBJECT /AGENDA ITEM
TXT -01 -05 — Nonconforming Uses Land Development Regulation (LDR) Amendment
First Reading & Public Hearing for Ordinance 34, 2001: A City- initiated amendment to the
Land Development Regulations, pursuant to a City Council directive, to amend the
nonconforming uses language by removing the date (August 18, 2001) by which all legal
nonconforming lots, structures, buildings, premises, uses of premises or structures, and
land uses in the City must be eliminated.
RECOMMENDATION
Staff recommends approval of Ordinance 34, 2001.
Reviewed by: 1
Originating Dept.:
FINANCE: NA
LDRC Action:
Principal Planner NL
Growth Management:
[ ] Approved
Karen M. Craver, �,ICO
Costs: $
[ ] App. w/ conditions
City Attorney
Project
Managrr
Total
[ ] Denied
[X] Rec. approval 7 - 0
Leonard G. bin
John L n�49 AICP
$
[ ] Rec. app. w/ conds.
Finance NA
Current FY
[ ] Rec. Denial
[ ] Continued to:
Human Res. NA
Funding Source:
[ ]Operating
[ ] Other:
Submitted by:
Advertised:
Attachments:
Growth II
Date: 10/8/01
[ ]Other
• Ordinance 34, 2001
Manag m hnt
• Ordinance 26, 1999
A�,
Direct [tu��
Paper: The Palm
•Letter from City
Charles K. Wu, AICP
Beach Post
Attorney dated 5/18/01
Budget Acct. #:
a LDR language
Approved by:
City Manag
[ ]Not Required
regarding
nonconformities
Affected parties:
Ronald M. Ferris
[ ] Notified
[X] Not Required
[ ] None
City Council
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -05
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.
The LDR language regarding the date certain all legal nonconforming land 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. Through recent communications with
DCA, Staff has found that DCA no longer supports keeping the date certain language in
the City's Comprehensive Plan or the City's Land Development Regulations. The removal
of the date certain language found in the City's Comprehensive Plan will be addressed with
a separate petition (TXT- 01 -04).
EXISTING NONCONFORMING LAND 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 discussed above.
As discussed in the attached memorandum, the elimination of existing nonconforming land
uses may, under certain circumstances, constitute a taking of property without just
compensation unless certain safeguards are followed and certain requirements are met.
CITY COUNCIL'S DIRECTION
At its July 5, 2001 meeting, the City Council reviewed the City's nonconformities issue as
an item for discussion. City Council directed Staff to pursue the removal of the date certain
2
City Council
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -05
in the City's LDRs requiring all legal nonconformities to come into compliance or be
removed.
LAND DEVELOPMENT REGULATION COMMISSION
At its August 28, 2001 meeting, the Planning and Zoning Commission, sitting as the Land
Development Regulation Commission, reviewed this petition for amending the City's LDRs
regarding the removal of the date certain language by which all legal nonconformities,
including legal nonconforming land uses, must become conforming or be removed. The
Commission voiced no concerns and voted 7 — 0 to recommend approval of this
amendment to the Comprehensive Plan.
STAFF RECOMMENDATION
Based on the comments from the City Attorney, discussions with the Florida Department
of Community Affairs, the Land Development Regulation Commission recommendation
and Council directive, Staff recommends the removal of the language from the City's LDRs
regarding a date certain (August 18, 2001) by which all legal nonconformities, including
legal nonconforming land uses, must become conforming or be removed.
g /john: W0105 =2
3
November 1, 2001
ORDINANCE 34, 2001
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 CHAPTER 78, "LAND
DEVELOPMENT," ARTICLE VI, "NONCONFORMITIES,"
SECTIONS 78 -711, 78 -714, 78-715,78-716,78-717, 78 -718,
AND 78 -719; PROVIDING FOR THE REMOVAL OF ALL
LANGUAGE REFERENCING A DATE CERTAIN WITH
WHICH NONCONFORMING USES, LOTS, STRUCTURES,
AND PREMISES MUST BECOME CONFORMING OR BE
REMOVED; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 28, 2001, the City's Planning and Zoning Commission, sitting
as the Land Development Regulations Commission, recommended approval of an
amendment (TXT- 01 -05) to the City's Land Development Regulations removing the
language referencing a date certain with which nonconforming uses, lots, structures, and
premises must become conforming or be removed; and
WHEREAS, the City has received public input and participation through public
hearings before both the Land Development Regulations Commission and the City Council;
and
WHEREAS, the City Council determines that the adoption of the text amendment
to the City's Land Development Regulations is in the best interests of the residents and
citizens of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. Sections 78 -711, 78 -714, 78 -715, 78 -716, 78 -717, 78 -718, and 78-
719 of Article VI of Chapter 78 the Code of Ordinances of the City of Palm Beach Gardens,
Florida, are hereby amended to read as follows (added words underlined; deleted words
Struck):
Sec. 78 -711. Intent of article.
{,a-) Lawful nonconformities established. Where there exists lots, structures, premises
or uses of land and structures within the districts established by this division which were
lawful at one time wefcre A.......t 18, 1991, but which would now be prohibited, regulated,
or restricted uc of th--t du *--, these lots, structures, or uses of land and structures may
Ordinance 34, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -05
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2
Ordinance 34, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01-05
wn�nci °n of n °nn °nfi•rmifi °c 4 nnnnnnfnrminrr ..c° .,f n o +r..n +..r° nnnnnnfnrminr.
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in +h° r:io +rir•+ in•,n_Iv °r:
/nrA n1r, 17_')/lr)r) JZ Q1 n 7. 00-r)rl\
Sec. 78 -712. 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 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.
(Ord. No. 17 -2000, § 310, 7- 20 -00)
Sec. 78 -713. 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.
(Ord. No 17 -2000, § 311, 7- 20 -00)
Sec. 78 -714. Nonconforming uses of land.
If, c^ °u^yw� —t 18, 1 ° °^, a legal use of land exists and such use would no longer be
permissible pursuant to the regulations currently existing and hereafter adopted after that
date, such use may be continued for ° °rind r.f c °.,°n °nrc from A..y..o+ 4 Q 'I ��^ nr n6+
., +h °n�,ie° mn� F,° Nrn•,irl °r1 kit +h° ,nnrr•�r°h °nciv° �I�n as a legal nonconformity. The use
.,,..., ... -- . ,, ..,,,,,. ...,, .,.,.. .w. .
shall comply with all requirements of this chapter, and is subject to the criteria listed below.
(a) Expansion. A nonconforming use shall not be enlarged, increased, or expanded to
occupy a greater area of land than was previously occupied on the date the use
became non - conforming ,°.:.gust 18, 1994. Additional structures that do
with the requirements of this chapter shall not be erected in connection
nonconforming use.
not comply
with such
(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 on ,°•w�y:.��t 18, 1°°^.
3
Ordinance 34, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -05
(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 for the district in which
located.
/nrrl Aln 17 _•nnn R 111, 7_7n_nJ)
S---- . 78-715. fmC4i fA..r....4 40 400A
r�ww�wva .�� •vvz.
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......,............ .w ......,Ili - ............... ,...I............y......,....., ....... , ...y...,. ..., . V- J
.Aii +h +hn rnn. +hio . r+inln
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.innro fr�m the nffnn+ �n +n of the mm-nr:mnn+ }n the L�nrl rin..nlnmm-n+ rnn..l �4inno .A.hinh
�.vu..� .. ... ...v v..vv� awuw . ....v uI— .......v... w a..v .u..v �.. v. v.v N...v..a .v.J.0 a _ .....v
rendered }h-!-t, o}r..n+..rn or..-- n Irma! nnnnnnfnrmi +v
/h\ nnvn /nmm�n+ rnt/In1A/ nrnnnoo Alnnnnnfnrmi+ino o..hinn+ +n }hio �r}inln m.w �nnly
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/n\ Annlin.�{�ili *v All nnr+inno of +hio or+inln oh-mil nnnl.i +n nnnnnnfnrmi +ino nrno }nr:
of+nr A.....c.+ 18, 1904.
/nrrl Pln 17_7nnn R 'Z1A 7-')r)-t)()\
Sec. 78- 718715. Nonconforming structures and improvements.
If a lawful structure or improvement existed at one time us of ,A.iiyac# 18, 1°°^, 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 78- 718717.
(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:
4
Ordinance 34, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -05
a.(1) The expansion will reduce the impact of the nonconformity; and
b.(2) The expansion will not create additional structures or uses prohibited in the
zoning district; and
s:tj) The value of the expansion does not exceed 50 percent 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 50 percent 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 ° °r Ai g--st 18 1991.
(e) Cessation of use. If any nonconforming use of a structure 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 structure shall conform to the regulations
of the district in which located.
inr,4 ni„ 1 z0nnn JZ 11r, z0n_nnN
Sec. 78- 717716. Nonconforming uses of structures or premises.
If a lawful use of a structure or of a structure and premises in combination existed
at one time on , ugl;.-c± 18, 1994, that is not permissible in the zoning district under the
terms of this chapter, the lawful use may h° - --t r ieiA fnr ° N °ri °A e% a °.,°n 7 °nr fr °rn
Al yI.S± 18, 1001 The --- continue so long as it remains otherwise lawful and meets
all other land development regulations, including the 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 zcn. ^y bocrc' cf wprew!c Board of Zoning Appeals.
The expansion may be approved subject to the standards of section 78 -53.
4i
Ordinance 34, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01 -05
(b) Normal maintenance. Maintenance shall not exceed limits established in
section 78- 718717.
(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.
/nrA K1^ 17 ')nnn JZ 119 7_2r1_nn\
Sec. 78- 718717. Repairs and maintenance.
Normal maintenance or repair of a nonconforming structures or structures where
nonconforming uses are located may be performed during any calendar year provided that
the value of improvements do not exceed 20 percent 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. 78- 79718. 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 applicable
time limits. The grant of a variance shall place the nonconformity into a conforming status.
/nrr! AL, 7_7nnn J IQ
Secs. 78-720719-78.740. Reserved.
SECTION 2. All ordinances and resolutions of the City, or any part thereof, which
are in conflict with this ordinance are hereby repealed to the extent of such conflict.
6
Ordinance 34, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01-05
SECTION 3. 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 4. 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 5. This ordinance is expressly contingent upon and shall be effective
upon the effective date of Ordinance 33, 2001.
PLACED ON FIRST READING THIS 1St DAY OF NOVEMBER 2001.
PLACED ON SECOND READING THIS DAY OF
PASSED AND ADOPTED THIS DAY OF
MAYOR JOSEPH R. RUSSO
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
ATTEST BY:
CAROL GOLD
CITY CLERK
7
VICE MAYOR ERIC JABLIN
COUNCILMAN DAVID CLARK
2002.
2002.
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
g /john: W0105.or2
0
Ordinance 34, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition TXT -01-05
May 10, 1999
ORDINANCE 26, 1999
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,
NONCONFORMITIES SECTION 118 -611, 118-612,118-6131
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 THEREOF 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 I . 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 wderlined; deleted words
struck):
Sec. 118- 611.Intent 9f article.
Where there exists lots, structures, premises 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)
$ECT1ON 2. Sections 118 -612 through 118 -616 are hereby repealed in their entirety and
replaced with the following new sections:
Sec. 118- 612 .Definitions
.Dimensional ngncpnformity. The failure of a lot, premises or structure or any combination
thereof to comely with one or more :o f the following standards established in this chapter;
(1) ManimM building site area and width
(2) minimum building setback
(3) maximum building lot coverage
(4) tnayimum 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 reason of dimensional
nonconformitv. fails to comply with a provision of this chanter.
Nonconformine use of structure and premises in combination. A structure. building. site
4plement. lot or dimension of land. or anv combination thereof. which was not prohibited when
Wmmenced or constructed but which fails to meet the reauirements of this chanter.
2
ypnconforming vremises. Premises which are ponconforming to the present requirements
pfthis chapter due to Iion- structural site elements, including, but not limited to the following:
(1) Required parking and loading spaces:
(2) Required dumpster or other trash receptacle space;
(3) Vehicle stacking requirements;
(4) Required access lanes
(5) Required screening, landscaping and related site improvements;
(6) ]Pedestrian circulation requirements;
(7) Required signs;
(8) Required lighting: or
(9) Other Site improvement requirements
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 minimum-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 buildinLys.
V41ere a lawful structure, building or improvements existed M of August 18. 1994. such that
it cannot now be built pursuant to this chapter by reason of restriction on dimensional characteristics
of the structure or building, the structure or building may be continued so long as it remains
otherwise lawful. subiect to the following:
JVormal maintenance, Normal maintenance or repair to permit continuation of a
nonconforming structure may be performed in any period of twelve consecutive
Tnonths, as well as repair or replacement of nonbearing walls. fixtures. wiring or
plumbing, to an extent not exceeding twenty percent (2p%) of the current assessed
value of the structure.
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 7RA must find that the alterations and expansions provide for
all of the following:
a. p educe 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 50% of the value of the structure or
building within a 12 month period.
,Relocation. A nonconforming structure shall not be moved, in whole or impart, 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 wjiich it is located.
(4) Damage and Restoration ofnonconformine structures or buildings. If such structure
pr improvement is destroved by anv means to an extent of 50 percent or more of its
appraised value. it shall not be reconstructed except in conformity with this chanter.
Sec. jj$ -616. Nonconforming use of premises or structure and premises in combination.
If a lawful use of premises or a structure and premises in combination. exists on August 18.
1994 that would not be allowed in the district under the terms of this chanter. the lawful use may 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
nonconforming premises or structure and premises in combination may be performed
in any period of twelve consecutive months. as well as repair or replacement of
nonbearing walls. fixtures. wirine or plumbing, to an extent not exceeding twentv
4
percent (20 %) of the current assessed value of the $ tructure,
(2) Alteration or expansion. Nonconforming premises or use of structure and premises
in combination may be altered or expanded upon approval of the Zoning J3oard of
Appeals (ZBA). Such alterations or expansion shall be found by the ZBA to:
a. Reduce the impact of the nonconformity, except where the increase of certain
poncpnformities reduces the impact of another nonconformity found to have
a greater negative impact on the public health, safety, and general welfare;
b. po not create additional premise Features or Structures and premises in
combination prohibited in the Zoning District; and
C. $hall not incur a cost in excess of 50% of the value of the Structures and
premises in combination within a 12 month period.
(3) ,Damage and flestoration. 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 Shall not be reconstructed except in conformity with this chapter.
(4) Discontinuance. 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
not 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.
ir+.a +n017 r I cn tnCN
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
�a�
PLACED ON FIRST READING THIS DA OF 99.
PLACED ON SECOND READING T S � "6AY OF (m/ - .
PASSED AND ADOPTE THIS / %VBAY OF
U
'1999.
'1999.
VICE MAYOR LAUREN FURTADO
r
/ % E
COUNCILMAN DAVID CLARK
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
C
M E M O R A N D U M
WATTERSON, HYLAND & KLETT, P.A.
To: Charles Wu, Growth Management Director
From: Leonard G. Rubin, City Attorney
Re: Elimination of Nonconforming Uses R 'bS•
File No: 319.060
Date: May 18, 2001 1oN�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 whether the 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 requires the payment of compensation under well-established
principles of constitutional law. Lewis v. City of Atlantic Beach, 467 So. 2d 751 (Fla. 1s'
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
Advertisinq_ 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. 5th 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 (2 "d 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.
PACPWin\HISTORY\010515A \441.46 (319.060)( #75)
LAND DEVELOPMENT § 78 -711
(2) Expiration of nonconforming status. Upon expiration of the time period as stated in
subsection (e) herein, each affected newsrack shall be immediately removed or brought
into compliance with the requirements of this division.
(3) Effect of annexation. Any newsrack existing on property annexed into the city that was
lawful at time of annexation but does conform to the requirements of this division,
shall be removed within two years. The two years shall commence beginning on the
date the comprehensive land use plan amendment affecting the property is adopted.
(4) Amortization. The time periods provided in this subsection are for the purpose of
amortizing the costs of a newsrack and any property rights created by virtue of lease
of location and/or newsrack space.
(f) Penalties. Any violation of this division shall be subject to penalties imposed under
article VII and under provisions of code enforcement as contained in chapter 2 of the City Code.
(Ord. No. 17 -2000, § 309, 7- 20 -00)
Secs. 78- 702 -78 -710. Reserved.
ARTICLE VI. NONCONFOR UTIES
Sec. 78 -711. 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 comprehen-
sive plan.
(2) City council approval. Nonconformities may continue provided the city council deter-
mines 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
Supp. No. 10 CD78:379
§ 78-711 PALM BEACH GARDENS CODE
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:
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 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.
(Ord. No. 17 -2000, § 310, 7- 20 -00)
Sec. 78 -712. 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.
(Ord. No. 17 -2000, § 311, 7- 20=00)
Sec. 78 -713. 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.
(Ord. No. 17 -2000, § 312, 7- 20 -00)
Sec. 78 -714. 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.
Supp. No. 10 CD78:380
LAND DEVELOPMENT § 78 -716
(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.
(Ord. No. 17 -2000, § 313, 7- 20 -00)
Sec. 78 -715. 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.
(b) Development review process. Nonconformities subject to this article may apply, pursuant
to section 78 -711, 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.
(Ord. No. 17 -2000, § 314, 7- 20-00)
Sec. 78 -716. 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
78 -718.
(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
Supp. No. 10 CD78:381
§ 78 -716 PALM BEACH GARDENS CODE
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 50 percent 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 50 percent 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 reason for 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.
(Ord. No. 17 -2000, § 315, 7- 20 -00)
Sec. 78 -717. Nonconforming uses of structures or premises.
If 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 the 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, recon-
structed, 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 78 -53.
(b) Normal maintenance. tenance shall not exceed limits established in section 78 -718.
(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.
Supp. No. 10 CD78:382
LAND DEVELOPMENT § 78 -742
(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.
(Ord. No. 17 -2000, § 316, 7- 20 -00)
Sec. 78 -718. Repairs and maintenance.
Normal maintenance or repair of a nonconforming structures or structures where noncon-
forming uses are located may be performed during any calendar year provided that the value
of improvements do not exceed 20 percent 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.
(Ord. No. 17 -2000, § 317, 7- 20 -00)
Sec. 78 -719. Effect of variance.
The grant of a variance by the BZA shall eliminate a specific nonconformity or nonconformi-
ties, unless the applicant or owner fails to comply with regarding time limits. The grant of a
variance shall place the nonconformity into a conforming status.
(Ord. No. 17 -2000, § 318, 7- 20 -00)
Secs. 78- 720 -78 -740. Reserved.
ARTICLE VII. VIOLATIONS AND ENFORCEMENT
Sec. 78 -741. Enforcement, violations and penalties.
(a) Enforcement. The provisions of this article shall be administered and enforced by the
growth management director.
(b) Violations. Any violations of any provision of this article shall be enforced by the code
enforcement board as established in chapter 2, article IV or chapter 2 of the City Code.
(Ord. No. 17 -2000, § 319, 7- 20 -00)
Sec. 78 -742. Remedies.
(a) Violations.
(1) Failure to comply. It shall be unlawful for any person to violate this chapter or to fail
to comply with any of its requirements. Any person who violates this chapter or who
fails to comply with any of its requirements shall be subject to the provisions of this
article or chapter 2 of the City Code. The owner or tenant of any building, structure,
Supp. No. 10 CD78:383
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: November 1, 2001
Date Prepared: October 12, 2001
Subject/Agenda Item:
0
Resolution 156, 2001, supporting the results of the Traffic Summit for Northern Palm Beach
County and Southern Martin County.
Recommendation /Motion:
Staff recommends approval of Resolution 156, 2001.
Reviewed by:
Originating Dept.:
Costs: $ N/A
Council Action:
Total
City Attorney
Planning Division
[ ] Approved
Finance
$ N/A
[ ] Approved w/ conditions
Other
Current FY
[ ] Denied
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
[ ] Other
1. Resolution 156, 2001
2. Memo. from P.B.
County Planning
[ X ] Not Required
n
Director dated 7 -23 -01
3. Memo. from County
S�
Commissioner Karen
Marcus dated 9 -5 -01
Growth Mgt. Director
Affected parties
[ ]Notified
Budget Acct. #:
[ ]None
Approved by:
City Manag
[ X ] Not required
BACKGROUND
During the past few months, County Commissioner Karen Marcus has organized meetings of
representatives of the local governments in northern Palm Beach County to discuss, among other
things, the results in the traffic summit report that was published in May of this year. The purpose
of discussing the traffic summit was to determine the appropriate means to implement the summit
results, a summary of which is attached to Resolution 156, 2001. Commissioner Marcus has also
City Council
November 1, 2001
Traffic Summit Results
requested that each local government indicate its support for the traffic summit results.
The Palm Beach County Board of County Commissioners (BCC) has considered the results of the
traffic summit and has directed the County Planning Division to take the lead in implementing the
recommended policies. In December of this year, the BCC will consider proposed amendments to
the County's comprehensive plan to adopt policies requiring the implementation of the results of the
traffic summit.
The other local governments in northern Palm Beach County have reviewed the results of the traffic
summit, but have not taken any formal action to date.
The attached memorandum from Palm Beach County Planning Director Frank Duke dated July 23,
2001, indicates what a staff committee considers to be the major issues identified at the summit.
These issues are as follows:
1. Connectivity
2. Land -use patterns
3. Level of service
4. Mode of transportation
Connectivity
Current status
• Policy 1.1.1.9 in the Future Land Use Element of the City's comprehensive plan addresses
connectivity. It reads as follows:
"The City shall encourage `linkages' which connect or gather residents and
business owners of different neighborhoods and promote a sense of community.
This shall be accomplished through 1) implementation of the Conceptual Linkage
Plan (Map I) and Parkway System, as described further in the Conservation and
Transportation Elements; 2) connection of neighborhoods, shopping, schools and
parks through an expanded sidewalk/pathway system, discussed further in the
Transportation Element; 3) promotion of `gathering' (people) places in new
development projects; and 4) installation of entry features along major arterials,
including signage, art and landscaping which identify Palm Beach Gardens as a
city and community."
• The City's comprehensive plan contains both a citywide Conceptual Linkage Plan and a City
2
City Council
November 1, 2001
Traffic Summit Results
Center Linkages Plan for vehicular and pedestrian connections.
Land -Use Patterns
Current status
• Objective 1.1.5 of the Future Land Use Element in the City's comprehensive plan addresses
land -use patterns. It reads as follows:
"Future growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles;
minimal natural limitations; the goals, objectives, and policies contained within
this comprehensive plan; and the desired community character."
• The City's Future Land Use Map includes an urban growth boundary along the
eastern side of the Loxahatchee Slough. The intent of this boundary is to limit urban
development to the eastern portion of the City.
The City has entered into the Forbearance Agreement with the owners of the large tracts of
vacant land in the City. The intent of the agreement is to limit residential densities and non-
residential intensities for most of the large vacant tracts of land that remain in the City.
These reduced densities and intensities remain with the properties as deed restrictions.
• The City's comprehensive plan and land development regulations also allow for planned
developments and mixed -use developments that encourage innovative site design and a
mixture of land uses. These types of designs provide for a higher internal capture rate for
vehicular trips which helps to reduce traffic volumes on the City's roadway network.
Potential action
Encourage land -use patterns that are conducive to the successful implementation of a
community transit system along PGA Boulevard.
Level of Service
Current status
• Palm Beach County and the City have previously adopted a constrained roadway at a lower
City Council
November 1, 2001
Traffic Summit Results
level of service ( CRALLS) designation for PGA Boulevard from I -95 to US Highway One.
Both local governments are currently proposing to amend their respective comprehensive
plans to amend that CRALLS designation for PGA Boulevard from the Florida Turnpike to
Prosperity Farms Road.
• Burns Road and other linkage roads, such as the Northlake Boulevard reliever, are to be
constructed to improve the level of service on the roadway network in the City.
Potential actions
• Continue to work with the development community and other government agencies to
construct linkage roads and bicycle and pedestrian paths.
• Work with Palm Beach County to develop criteria as to when a CRALLS designation should
be approved for state and county roads.
Modes of Transportation
Current status
• The City's comprehensive plan and land development regulations currently encourage the
use of bicycles and sidewalks. The City's land development regulations even require
developers to provide bicycle parking at new developments.
• The City is required to evaluate the feasibility of a community transit system along PGA
Boulevard, if the County and the City adopt the amended CRALLS designation for that
roadway.
• The citywide Conceptual Linkage Plan and the City Center Linkages Plan include bicycle
and pedestrian paths.
Potential actions
• Work with the development community, PalmTran and the MPO to evaluate a community
transit system for the PGA Boulevard corridor.
• Coordinate with the MPO and Tri -Rail to study the feasibility of a future Tri -Rail station in
the City of Palm Beach Gardens.
E
City Council
November 1, 2001
Traffic Summit Results
• Work with the MPO to coordinate bicycle and pedestrian connections with adjacent
communities.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 156, 2001, and authorization to implement the
potential actions listed above.
G: \sc \txt \trafficsummitresults
5
a 3
October 19, 2001
RESOUTION 156, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, SUPPORTING THE
RESULTS OF THE NORTHERN PALM BEACH COUNTY
TRAFFIC SUMMIT CONDUCTED IN THE CITY OF PALM
BEACH GARDENS ON MARCH 30 AND 31, 2001; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens has taken a leadership role in
addressing existing and potential traffic congestion in Palm Beach Gardens and adjacent
areas; and
WHEREAS, in coordination with Palm Beach County and the Town of Jupiter, the
City of Palm Beach Gardens hosted the Northern Palm Beach County Traffic Summit on
March 30 and 31, 2001, which was attended by local officials representing various local
governments and other groups in northern Palm Beach County and southern Martin
County; and
WHEREAS, the City of Palm Beach Gardens formally supports the recommended
policies that resulted from the traffic summit and is working with the other communities in
this area to implement those policies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
Section 1. The City Council hereby supports the "Summary of Results" from
the Northern Palm Beach County Traffic Summit, as indicated in the attached Exhibit
"A." The top four problems identified in these results are connectivity, land -use patterns,
level of service and modes of transportation.
Section 2. The City Council hereby acknowledges that the above problem
areas are conceptual and have different relevance to individual projects based on the
design parameters of the specific project.
Section 3. The results of the traffic summit shall be used as a planning tool and
policy statement, but neither the adoption of this document by the City Council nor the
inclusion of any statement within this document is intended to amend, alter or modify the
existing comprehensive plan or ordinances of the City of Palm Beach Gardens. Any such
changes necessary to implement the results of the traffic summit would require subsequent
adoption in accordance with the applicable procedures required by the City Charter and
Florida law.
Section 4. This resolution shall become effective upon adoption.
Resolution 156, 2001
PASSED AND ADOPTED THIS
ATTEST:
October 19, 2001
DAY OF 2001.
CAROL GOLD, CMC
CITY CLERK
VOTE: AYE
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
g: \sc\reso 1 \trafsumm it
Resolution 156, 2001 2
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
LEONARD RUBIN
CITY ATTORNEY
NAY ABSENT
EXHIBIT "A"
_._._ __. ......... ....... ......_........_............ ------------ _-
NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT
SUMMARY OF RESULTS
SUMMARY
All traffic problems discussed fell into five categories:
Community Character
Connectivity
Land Use Patterns
Level of Service
Modes of Transportation
The five top problems identified in each category were as follows:
Community Character:
Lack of Connectivity
Mass transit not used or accepted
Existing power lines
Lack of pedestrian bike paths between neighborhoods
No intergovernmental coordination
Connectivity:
Gated communities with single entry
Lack of pedestrian paths between neighborhoods
Lack of optional routes
Resistance to connectivity
Not enough east /west corridors
Land Use Patterns:
Connectivity
Disincentives for collaborative work
Resistance to connectivity
General separation of land uses
Low - density development creates greater distances
Level of Service
Uniform countywide level of service encourages sprawl
Constricted roadway at lower level of service (CRALLS)
Lack of connectivity
Disincentives for collaborative work
Defining reasonable standards for capacity
Modes of Transportation
Lack of funding
Lack of meaningful bus service
Lack of optional routes
Cars needed to perform routine tasks
Mass transit not used or accepted
NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT, MARCH 30 & 31, 2001
FINAL REPORT
I
A�t,NCII COG
2
ORI�/
Department of
Planning, Zoning & Building
100 Australian Avenue
West Palm Beach, FL 33406
(561) 233 -5000
Planning Division 233 -5300
Zoning Division 233 -5200
Building Division 233 -5100
Code Enforcement 233 -5500
Contractor's Certification 233 -5525
Administration Office 233 -5005
Executive Office 233 -5003
www.pbcgov.com /pzb
■
Palm Beach County
Board of County
Commissioners
Warren H. Newell, Chairman
Carol 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"
printed on recycled paper
MEMORANDUM
TO: North County Intergovernmental Meetin Participants
FROM: Frank M. Duke, Planning Director
Planning Division
DATE: July 23, 2001
RE: Technical Recommendations Regarding Implementation of the
Northern Palm Beach County Traffic Summit
At the June 4 Intergovernmental Coordination meeting, elected officials
representing the participants requested that technical staff from the cities of Palm
Beach Gardens and Riviera Beach; the towns of Juno Beach, Jupiter, and Lake
Park; the villages of North Palm Beach and Tequesta; the County Planning and
Engineering Departments; and the Metropolitan Planning Organization (MPO)
meet to review the Proceedings of the Northern Palm Beach County Traffic
Summit and provide recommendations regarding its implementation. On July 12,
representatives of Palm Beach Gardens, Riviera Beach, Juno Beach, Jupiter,
North Palm Beach, County Planning, County Engineering, the MPO, and
Commissioner Marcus's office met to discuss the report, focusing on the various
tools proposed during the Summit.
The following recommendations from technical staff represent our consensus
regarding how the local governments should proceed with implementation of the
report. Some of the recommendations (particularly those dealing with
connectivity) may cover more than a single issue; they are listed with the issue
which seems to best cover the recommendation. Any recommendations from the
Summit that are not mentioned were not considered practical for pursuit at this
time.
Issue — Connectivity
Connectivity between developments should be ' required whenever practical.
Required connectivity could be accomplished through either vehicular
(automobile connections) or non - vehicular (pedestrian or bicycle paths).
Consideration should be given as to the nature of the adjoining use in determining
whether to require connectivity; a residential use should not be required to
establish connections to an industrial use, for example, but compatible uses
should establish a means of accessing one another without being forced to utilize
the major road network. One area where opportunities for connectivity would be
especially critical, though difficult and probably unpopular, is where it can provide
alternative access routes to commercial retail uses from neighboring residential,
uses; a system of interconnected access routes for this purpose could
significantly reduce trip demands on the major thoroughfare network.
ORI9/
Any requirement for connectivity may have a fiscal impact on local governments,
creating a disincentive for private streets, in which case the internal street system
for a development should be required to meet code requirements.
Developments should also be required to have multiple access points for entry or
egress, especially if they front on more than one road. The only developments
that should be exempted from this requirement are those that have access only to
a single roadway.
Implementation of these recommendations is likely to require modifications to
both comprehensive plans and land development codes.
Issue — Land Use Patterns
Meaningful incentives should be created to encourage true mixed -use projects.
As one example, buffer areas within mixed -use projects should be minimized to
improve opportunities for meaningful mixing of uses. Other types of incentives,
including density and /or intensity bonuses, should also be considered to induce
development of such projects.
The County's Traffic Performance Standards should be revised as part of this
effort to encourage mixed -use projects to provide for alternative ways to account
for the traffic resulting from such projects.
Full cost accounting techniques should be explored for an evaluation of their
potential to better reflect the value of different projects, particularlymixed -use and
infill projects. The County should move forward with its proposed pilot project for
evaluating full cost accounting techniques. In undertaking this study,
consideration of its implications for the provision of affordable housing must be
given special consideration.
Implementation of these recommendations will require modifications of local
government comprehensive plans and land development codes. The County will
also need to modify TPS provisions. In addition, the County will need to provide
funding for the full cost accounting project.
Issue — Level of Service
Additional criteria for evaluating CRALLS should be established. The County
should proceed to establish criteria for mitigating the impact of a CRALLS
designation on the remainder of the road network. In addition, the County should
only approve CRALLS if a public purpose can clearly be demonstrated; enabling
a project to move forward in advance of the expansion of a road should not be
considered a public purpose.
Implementation of these recommendations will require modification of the
County's Comprehensive Plan.
� �tiACB C'
�G
�LORI�4' Issue — Modes of Transportation
The County should consider alternative ways to fund mass transit. Options that
should be considered include impact fees for mass transit and payment of mass
transit fees in lieu of concurrency. If the latter approach is considered, the
contribution should be required to be on -going rather than through payment of a
one -time fee.
Opportunities for alternative modes should also be further evaluated through the
MPO. Specifically, the MPO should proceed with efforts to develop real time
transportation information and to provide community bus service (through trolleys
or vans) as an alternative to full bus service.
Implementation of these recommendations would require changes to the County's
impact fee program. Some may also require modification of comprehensive plans
and development codes. Those recommendations directed to the MPO will
require funding for the MPO.
If you have any questions regarding the meeting on July 12 or these
recommendations, please call me at 233 -5373.
T:\PLANNING\ADMIN\DIRECTOR\noctymem.wpd
Board, of County Commissioners
Warren H. Newell, Chairman
Carol A. Roberts, Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony Masilotti
Addie L. Greene
MEMORANDUM
TO: Mayors,-North County Municipalities
FROM: Commissioner Karen T. M 1
DATE: September 5, 2001
SUBJECT: North County Traffic Summit Report
County Administrator
Robert Weisman
I wanted to advise you that the Palm Beach County Board of County Commissioners
met on August 28th and authorized county staff to move forward with the
implementation of the four issues recommended by the Technical Committee. The
Board expressed an interest in implementing these items on a countywide basis.
I'm pleased with the Board's action on this issue and I hope we can all move forward
together to implement the consensus of North County residents and make the
recommendations of the summit a reality.
CC: Managers, North County Municipalities
Growth Management Directors, North County Municipalities
"An Equal Opportunity Affirmative Action Employer"
P.O. Box 1989 West Palm Beach, Florida 33402 -1989 (561) 355 -2001
printed on recycled paper www.pbcgov.com
1
Fax: (561) 3 �=F
;1:
,-,
zON1NG
CITY OF PALM BEACH GARDENS
CITY COUNCIL
Growth Management Department Staff Report
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
SUBJECT /AGENDA ITEM
PUD- 01 -12— Palm Beach Gardens Medical Center PUD Amendment
First Reading: Ordinance 39, 2001, A request by Tenet South Florida HealthSystems for
an amendment to the Palm Beach Gardens Medical Center PUD to provide for a waiver
from the Land Development Regulations, allowing for issuance of a building permit prior to
plat recordation, and a time extension for the submittal of a completed Public Facilities
Agreement. The Palm Beach Gardens Medical Center is located at the southeast corner of
Burns Road and Gardens East Drive (7- 42S -43E).
RECOMMENDATION
Staff recommends APPROVAL of Ordinance 39, 2001 with conditions of approval.
Reviewed by: I
Originating Dept.:
FINANCE: NA
P&Z Commission
of
Principal Planner/
Growth Mana ement:
Action: N/A
Karen M. Craver , SIC
Costs: $
[ l Approved
Project
Total
[ l APP• w/ conditions
City Attorney .I
Manager
[ ] Denied
Ed Tombari, AICP
$
[ ] Rec. approval
Finance NA
Current FY
[ ] Rec. app. w/ conds.
Human Res. NA
[ J Rec. Denial
Funding Source:
[ ] Continued to:
Submitted by:
Advertised:
Attachments:
Growth
it
[ ] Operating
• Ordinance 39, 2001
Manage n
[ ] Other
• Legal Description
Director v, 9 aJ to k,LJ�A
[X] Not Required
• Ordinance 35, 2000
Charles K. wu, AICP
• 9/14/01 Letter from
Applicant
Approved by
City Manager
Budget Acct. #:
• 8/15/01 Letter from
Applicant's Engineer
Affected parties:
[X] Notified
re: PFA
[ ] Not Required
• Letter from Palm
Beach County
[ ] None
City Council
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition PUD -01 -12
BACKGROUND
The Palm Beach Gardens Medical Center was last amended by Ordinance 35, 2000,
adopted February 1, 2001, which provided for a five phase expansion program, including
expanded parking areas, a third floor addition, expansion of radiology labs, operating
rooms, storage and equipment areas, the addition of thirty (30) hospital beds, and the
construction of a three -story medical office building. As part of the approving development
order, the applicant was required by condition of approval to enter into a Public Facilities
Agreement with the County for the widening of Alternate All A, between Burns Road and
PGA Boulevard. In addition, the applicant is required by Section 78 -446 of the Land
Development Regulations (LDRs) to record a boundary plat of the site, prior to the
issuance of a building permit.
ISSUES
The Public Facilities Agreement.
Typically, a Public Facilities Agreement (PFA) legally binds an applicant to a construction
schedule and to funding obligations for necessary improvements that are triggered by the
proposed development, consistent with their approved concurrency. The Palm Beach
Gardens Medical Center PUD condition required that the applicant finalize such an
agreement within six months of the approval of the development order, or prior to the
issuance of the building permit. To date, the applicant has not finalized the Public Facilities
Agreement with the County; however, the applicant has provided a letterfrom the County's
Engineering Department allowing for an extension of time for the finalization of the Public
Facilities Agreement (attached).
The applicant must participate with Palm Beach County to ensure the proper funding for
the widening of Alternate A-1 -A from Burns Road to PGA Boulevard. The delay of finalizing
the Public Facilities Agreement will not impede the County or state's schedule for the
widening of this roadway. Palm Beach County Engineering has submitted a letter for staff
review indicating that the County has no problems with extending the period for finalizing
the PFA, and anticipates finalization of the PFA within 90 days of their letter dated October
17, 2001. Staff recommends a condition of approval that the PFA be finalized with the
County no later than February 1, 2002 (see attached).
Recordation of plat prior to issuance of the building permit.
The applicant is also requesting a waiver from Section 78 -446 of the Land Development
Regulations, which requires the recordation of a boundary plat prior to the issuance of a
building permit, in order to commence building prior to recordation of their plat. The plat
has recently been submitted to the City for review by Staff.
2
City Council
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition PUD -01 -12
The applicant is not proposing subdivision of land or the conveyance of subdivided land to
additional owners. The applicant is proposing to plat an existing parcel which has been
legally described and parceled as a metes and bounds description. It is staffs professional
opinion that there is minimum risk to allowing some construction on this site prior to the plat
recordation.
RECOMMENDATION
Staff recommends approval of petition PUD -01 -12 with the following conditions of approval:
In accordance with Condition 4 of Ordinance 35, 2000, the cumulative trips
generated by the proposed construction listed in the letter dated September
24, 2001 shall not exceed 904 daily trips (Planning and Zoning).
2. All unsatisfied conditions of approval deriving from Ordinance 35, 2000 to the
extent not modified herein, remain in full force and effect (Planning and
Zoning)
3. The Public Facilities Agreement between the applicant and Palm Beach
County concerning the widening of Alternate A-1 -A from Burns Road to PGA
Boulevard shall be finalized no later than February 1, 2002.
Staff also recommends approval of the following waiver request:
1. Section 78 -446 Plat review and approval process, to allow for issuance of a
building permit prior to plat recordation.
g /shortrange /pud0112cc
3
Last Revision:
October 18, 2001
ORDINANCE 39, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF
AN APPLICATION FROM TENET SOUTH FLORIDA HEALTH
SYSTEM FOR AN AMENDMENT OF A PREVIOUSLY - APPROVED
PLANNED UNIT DEVELOPMENT (ORDINANCE 35, 2000) FOR PALM
BEACH GARDENS MEDICAL CENTER, LOCATED AT THE
SOUTHEAST CORNER OF BURNS ROAD AND GARDENS EAST
DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; TO GRANT
A WAIVER FROM SECTION 78-446 OF THE LAND DEVELOPMENT
REGULATIONS, AND ALLOW FOR ISSUANCE OF A BUILDING
PERMIT PRIOR TO PLAT RECORDATION AND TO ALLOW FOR
ADDITIONAL TIME TO SUBMIT A PUBLIC FACILITIES AGREEMENT;
PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A
WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application (PUD- 01 -12) from Tenet South
Florida HealthSystems for approval of an amendment to a previously- approved planned
unit development (Ordinance 35, 2000) located at the southeast corner of Burns Road
and Gardens East Drive, as more particularly described in Exhibit "A" attached hereto to
grant a waiver from section 78 -446 of the land development regulations and allow for
issuance of a building permit prior to plat recordation; and to allow for additional time to
submit a public facilities agreement as was required by Ordinance 35, 2000; and
WHEREAS, the 22.12 -acre "Palm Beach Gardens Medical Center" site is currently
zoned Planned Unit Development (PUD), with an underlying zoning of
Public /Institiutional; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient and consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended approval of
the amendment of the planned unit development (PUD) known as the "Palm Beach
Gardens Medical Center ".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
Ordinance 39, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition PUD -01 -12
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby
approves an amendment to the "Palm Beach Gardens Medical Center' PUD, located at
the southeast corner of Burns Road and Gardens East Drive, as more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference, to
provide for a waiver from section 78 -446 of the Land Development Regulations, and
allow the issuance of a building permit prior to plat recordation, and to allow for additional
time for the submittal of the finalized Public Facilities Agreement.
SECTION 2. Said Planned Unit Development amendment is approved subject to
the following conditions, which shall be the responsibility of the applicant, its successors
or assigns:
The cumulative trips generated by the proposed construction listed in the
letter dated September 24, 2001 shall not exceed 904 daily trips (Planning
and Zoning).
2. All unsatisfied conditions of approval deriving from Ordinance 35, 2000 to
the extent not modified herein, remain in full force and effect (Planning and
Zoning).
3. The Public Facilities Agreement between the applicant and Palm Beach
County concerning the widening of Alternate A-1 -A from Burn Road to PGA
Boulevard shall be finalized no later than February 1, 2002.
SECTION 3. The following waiver is hereby granted with this approval:
Plat review and approval process — Section 78 -446, which requires
recordation of a boundary plat prior to issuance of a building permit.
SECTION 4. If any section, paragraph, sentence, clause, phrase, or word of this
Ordinance is for any reason held by a court of competent jurisdiction to be
unconstitutional, inoperative or void, such holding shall not affect the remainder of the
Ordinance.
SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach
Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the
extent of such conflict.
SECTION 6. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS DAY OF 2001.
2
Ordinance 39, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition PUD -01 -12
PLACED ON SECOND READING THIS DAY OF 2001.
PASSED AND ADOPTED THIS DAY OF 2001.
MAYOR JOSEPH R. RUSSO
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST BY:
CAROL GOLD
CITY CLERK
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
(This space intentionally left blank)
VOTE: AYE NAY
MAYOR RUSSO
VICE MAYOR JABLIN
3
ABSENT
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
4
Ordinance 39, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition PUD -01 -12
Ordinance 39, 2001
Meeting Date: November 1, 2001
Date Prepared: October 19, 2001
Petition PUD -01 -12
EXHIBIT "A"
EXHIBIT A
Lesal Description of the Property
PARCEL A:
A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING - AT THE POINT OF INTERSECTION OF 111E CENTER LINE OF TIIF. FLORIDA
EAST COAST RAILWAY RIGHT OF WAY AND THE EAST -WEST (QUARTER SECTION LINE. OF
SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH C(UNTY. FLORIDA;
THENCE SOUTH 68"38'15" EAST, ALONG SAID EAST -WEST QUARTER SECTION LINE, A
DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TU THE RIGHT OF WAY AND TRACT
MAP OF THE FLORIDA EAST COAST RAILWAY 'CO., SAID CENTER LINE OF 711E FLORIDA
EAST COAST RAILWAY RIGHT OF WAY BEARS NURTII 14'01'OU" WEST AT 11115 POINT AND
ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE 111ERETO); THENCE NORTH
75'59'01" FAST A DISTANCE OF 131.00 FEET TO THE BEGINN.'ING OF A CURVE CONCAVE
TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF
15'22'45 "; THENCE EASTERLY. ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06
FEET TO THE END OF SAID CURVE; TTIENCE SOUTH 88'38' 15" FAST ALONG 711F. TANGENT
TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF
6'48' 15 "; THENCE FASTERLY, AI1)N(; T11F, ARC OF SAID CURVE, A DISTANCE OF 199.76
FEET TO TIIF. END OF SAID CURVE; 111ENCE NORTH 84'33'30" EAST ALONG THE TANGENT
TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POIKT; TIIFNCE SOUI'II 05'26'30"
EAST A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF TIIE HEREIN DESCRIBED
PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF BURNS ROAD (60
FEET RIGHT -OF -WAY); THENCE CONTINUE SOUT11.05'26'30" EAST, DEPARTING FROM SAID
SOUTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT; THENCE
NORTH 84.33'30" EAST A DISTANCE OF 37.88 BEET TO A POINT; THENCE SOU11(
50'53'08" EAST A DISTANCE OF 23.32 FEET TO A POIKT; THENCE NORTH 84.33'30"
EAST A DISTANCE OF 52.88 FEET TO A POINT; THENCE NORTH 05'26'30" WFST A
DISTANCE OF 29.75 FEET TO A POINT; THENCE NOR111 84'33'43" FAST A DISTANCE OF
17.43 FEET TO A POINT; THENCE SOU111 49'48'48" EAST A DISTANCE OF 71•:82 FEET
TO A POINT; THENCE NORTH 84'Ul'26" EAST A DISTANCE OF 123.89 FEET TO A POINT;
THENCE SOUTH 05'26'30" EAST A DISTANCE OF 751.93 FEET TO A POINT. SAID POINT
BEING ON THE NORTH LINE OF THE PLAT OF MERIDIAN PARK, AS RECORDED IN PLAT
BOOK 28, AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; T11ENCE
SUUTII 75'57'05" WEST, ALONG TILE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A
DISTANCE OF 565.68 FEET TO A POINT. SAID POINT BEING THE NORTHWEST CORNER OF
SAID PLAT OF MERIDIAN PARK. SAIL) P01NT ALSO BEING ON THE EASTERLY
RIGHT -OF -WAY LINE OF GARDEN EAST DRIVE (60' RIGHT -OF- WAY)= THENCE NURTII
14.02'55" WEST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF SAID GARDEN EAST
DRIVE AND DEPARTING FROM T1IE NOR11I LINE OF SAID PLAT OF MERIDIAN PARK, A
DISTANCE OF 1075.92 FEET TO A POINT OF CURVE CONCAVE TO THE SOUTHEAST, HAVING
A RADIUS OF 25.0 FEET AND A CENTRAL ANGLE OF 98'36'25 "; T11ENCE NOR111FRLY,
NORTHEASTERLY AND EASTERLY. ALONG THE ARC OF SAID CURVE, A DISTANCE OF 43.01
FEET TO THE END OF SAID CURVE, SAIL) POINT BEING ON THE SOU111ERLY RIGHT -UF -WAY
LINE OF SAID BURNS ROADI THENCE NORTH 84'33'30" EAST ALONG THE TANGENT TO
SAID CURVE AND ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID BURNS ROAD, A
DISTANCE OF 396,69 FEET TO THE POINT OF BEGINNING.
CONTAINING IN ALL 13.91 ACRES, MORE OR LESS.
-Palm btr-ej
aF 3
RS 6634 P9 10
PARCEL B:
A PARCEL. OF LAND LY1NC IN SFt;IIUN 7, 1OWF1SIIIP 42 Sot] M, RAMA'. 61 FAST, rAui
IIEACII COUNTY, FLORIDA, BEING MORE FARTICULARLY ULSURIBED AS FUI.LUWS:
COIUIENCING AT 1IIF x111141' OF IIIrr.RsFCrIIIN (IF Tur.. ('rll1'1'.R LINE (IF TIIF. FI-ORIDA
FAST COAST PAII.WAY RICII1' (II' WAY ANN 1111: FAST- WEST 0IIAPTI :R CP.I:TIUN 1.114P' OF
SrCTION 7, 1OWN51111' 42 S(II1111, RAIIGF 1-3 E-ASF. 1'A111 111'ACIl COIIIIFY. FLORIDA:
1111 :NCF. SUUI11 88' 38' 15" FAS T, AI.QI1G SAID EAST-WFS 11' OOARTER SECTION I.I NI ;, A
DISTANCE OF 51.86 FF.Er 1U A IM111' (AC,CORUING 1O TIIF, Riwir OF WAY AND TRACT
MAP OF 111E FLORIDA FAST COA.r RAILWAY CU., SAID CFN'1'i:It LINT: OF 11117 FLORIDA
EAST COAST RAILWAY RIGHT OF WAY DEARS NUP.111 140UI'UU" WEST' AT 11115 I'OIN1' AND
ALL OTHER BEARINGS STATED IIF.REIN ARE RELATIVE TIIF:RETO), TIIF.NGE NORM
75059'01" FAST A DISTANCE OF 131.00 FEET TO 1t1F NF:(:1NNltlG OF A CURVE' CUNCAVF.
TO THE SOUTH, IIAVIIIG A RAMUS OF 283.37 FEET ANII A CENTRAL ANGLE OF
15'22'45 "; TIIFIICE EASTERLY, ALONG THE ARC; OF SAID CURVE. A 1115TANUr OF 76.06
FEET TO 711E F.ND OF SAID CURVE; THENCE SOUIII 88'38'15" FAST ALONG TIIE TAII(;FIIT
1-0 SAID CURVE, A UISTANCF. OF 616.56 FEEL' 1-0 THE BE.C.INNING OF A CURVE COIIC;AVF.
FO THE NURTII, IIAVING A RADIUS OF 1682.15 FEET ANTI A CFRTRAL ANGLE OF
6.48'15 "; TIIF.IICE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76
FEET TO 11IF. END OF SAID CURVE.; THENCE NORTH 84.33'30 FAST ALONG TIIE TANGFttr
TO SAID CURVE, A DISTANCE OF 726.71 FEET TO 111E BEGINNING OF A CURVE CONCAVE
TO TIIE SOU I'll. IIAVIII: A RAVIIIS (IF 973.91 FuT AND A ('FNIRAI. AtII:I.F. OF
11'63'31 "; TIIEUCE EASTEPLY, ALOM: TIIE ARC OF SAID CURVE A IIIS1AN(,F, OF 199.30
FEET TO TIIF END OF SAID CUM.; THENCE SOUI'll 83'43'00" EAST AI,ONI: 111F. TAtIGEN'r
TO SAID CURVE, A DISTANCE. OF 248.55 FEET TO A POINT; 111E.NCE SOUI11 14602'55"
EAST A UISTANCF, OF 31.99 FEET TO 1IIF rU1tlr OF PFGINNIM; OF 111E HEREIN
DESCRIBED PARCEL, SAID rO1NT BEING ON TIIE SOUTIIFRI.Y Ri(;uT -()F -WAY LINE OF
BlIFNS ROAD (60 FFFT RI(.II1"- 0F -VAY), SAID rU111'r ALSO PF1m. 111E N(1R111WFS'r (:(IRNF,R
OF THE PLAT OF -,ANIIALW'•OD 151'9115, AS RECOR1 +1:1 III PLAT 11001; 31. AT 17ACES 167
T)IRODGI1 171, MIS I.IC FF.(:ORIl, CF 1'AI)I 11F.ACI1 ('01114Y. FLORIDA: 'IIIf.11l:f C(11111NUF.
SOU-I'll 14'(12' 55" F.AS I_ MAIN(; T Ni: yr ; r LINE. OF SAID 1'I.AT OF SAIIIIAI.W(101 FS I'A 1 FS;
A UISTANCF OF 668,66 FFFT TO A rO1Nr. SAID POINT PEW(. 'TIIF: NORIIIFA',r CORNER
OF 111E PLAT OF FIERIUTAN PAP.K, AS RECORDED IN PLAT BOOK 28, AT PAGE 51, I'UHI.1C
P.E.CORUS OF PAIII BEACH COUNTY, FLORIDA: TIIENCE SOUTH 75 °57'0;5" VFSr. AIPIR: T11F
NORTH LINE OF SAID PLAT OF HERIUTAN PARK AND UFPARTIN(; FRUh1 THE 'WFSr I.IIIr. OF
SAID PLAT OF SAIIUAI.W(IOU F.sTATFs, A DISTANCE OF 379.32 FEFT 1'0 A rOINr: 111EN(;E
NORTH 05'26' 30" WEST. DFrARTING FROM IIIF N()RTIJ LINE OF SA I lI 1'I.A r OF FIFR I (IIAN
PARE;, A DISTANCE OF 751.91 FEET TO A POINT; 1'IIFN( :E SOI1111 84'01'20" W[.ST A
DISTANCE OF 123.89 FFEr TU A POINT: THENCE NORTH 49048'48" WF�'I' A DISI "ANCF Or
71,82 FEET TO A POINT; 111ENCE SUU "111 84"33'43" 'WEST A DISTANCE (IF 17.1.3 FEET
--TO A POINT; THENCE NORTH 05'26'30" WEST A DISTANCE OF 205.69 FEET TO A rourr
LYING ON 111E ARC OF A CURVE CONCAVE TO TIIE SOU111, HAVING A RADIUS OF 941.91
FEET. A CENTRAL ANGLE OF 10'59'03" AND A RADIAL. BEARING AT 11115 1'01111' OF
SOUTH 04.41'03" WEST, SAID POINT ALSO BEING ON 111E SO11111FRIA RI(:Ilr -(11' -WAY
LINE OF SAID 101RNS ROAD; 111111C.F. FA STEPI.Y. AI.OlIG 111E ARC OF SAID ('IIRvr•. Atli) 1111;
SOUTUERLY RIGIIT -UF -WAY LINE OF SAID BURNS ROAD, A DISTANCE Or 1)1O,(,tt fl la' TO
TIIF END OF SAID CURVE. 11IFN( :E SOUIII 83'1-3'00" VAST ALONG 11IF TAM4111' '10 CAM
CURVE AND CONTINUING ALOW; TIIE SOU111F.PLY R1(:Ill' -0F -WAY LINE. OF ;;All) I1l1RIIS
ROAD, A DISTANCE OF 259.67 FEET 1U 111E POINT OF UEGINN1Nt;.
CONTAINING 1N ALL 7.65 ACRES, HURE OR LESS.
EXITIR1T A
� of 3
"RB 6 t7--)` -' rJ 1 <.Ji%J
'
A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Cam.- LMENCINQ AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE FLORIDA EAST COAST
RAILWAY RIGHT OF WAY AND THE EAST.WEST QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA: THENCE SOUTH 88'38'13' EAST, ALONG SAID
EAST. WEST QUARTER SECTION LINE. A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT
OF WAY AND TRACT MAP OF THE FLORIDA EAST COAST RAILWAY CO., SAID CENTER UNE OF THE
K,oRIDA EAST COAST RAILWAY RIGHT OF WAY BEARS NORTH 14.01'00" WEST AT THIS POINT AND ALL
OVER BEARINOS STATED HEREIN ARE REUITTVE THERETO); THENCE NORTH 75'59''01' EAST A DISTANCE
OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37
FEET AND A CENTRAL ANGLE OF 15'22'45'; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE A
DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88.38'13' EAST ALONG THE
TANGENT TO SAID CURVE, A DISTANCE OF 61656 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'48'15'; THENCE EASTERLY,
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE
NORTH 84'33'30• EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POINT;
THENCE SOUTH 05926'30' EAST A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF BURNS ROAD (60
FEET RIGHT. OF -WAY); THENCE CONTINUE SOUTH 05'26'30' EAST. DEPARTING FROM SAID SOUTHERLY
RIGHT -0F -WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT. THENCE NORTH 84433'30' EAST A DISTANCE
OF 37AS FEET TO A POINT THENCE SOUTH 50'53'08' EAST A DISTANCE OF 23.32 FEET TO A POINT, THENCE
NORTH 84'3390" EAST A DISTANCE OF 5258 FEET TO A POINT. THENCE NORTH 05'2690' WEST A DISTANCE
OF 235.44 FEET TO A POINT, SAID POINT BEING ON THE SOLM RLY RIOHT -OF -WAY LINE OF SAID BURNS
ROAD AND LYING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 943.91 FEET,
A CEN'iRAL ANGLE OF 00'45`27' AND A RADIUS BEA JUNG AT THIS POINT OF SOUTH 04'41'03' EAST; THENCE
WESTERLY, ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID
BURNS ROAD, A DISTANCE OF 12.48 FEET TO THE POINT OF TANGENT OF SAID CURVE: THENCE SOUTH
84'33'30' WEST. CONTINUING ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID BURNS ROAD. A
TANCE OF 94.90 FEET TO THE POINT OF BEGINNING.
PARCEL 'C' AREA 0.56 ACRES, MORE OR LESS.
TOTAL NET AREA OF PARCELS 'A', 'B', AND 'C: 22.12 ACRES, MORE OR LESS.
SUBJECT TO RIGHTS -OF -WAY, EASEMENTS AND OTHER MATTERS OF RECORD.
EXHIBIT A PALM OEOACH COUNTY.. FLA �,r., 1�
ipHN 0. OUNKLE _
January 18, 2001
ORDINANCE 35, 2000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF AN APPLICATION FROM TENET OF
SOUTH FLORIDA HEALTH SYSTEMS FOR AN
AMENDMENT TO THE PALM BEACH GARDENS MEDICAL
CENTER � PLANNED UNIT DEVELOPMENT WHICH WAS
ORIGINALLY APPROVED BY ORDINANCE 28, 1991 AND
WAS SUBEQUENTLY AMENDED BY RESOLUTION 92,
1992, RESOLUTION 3, 1995 AND ORDINANCE 26,1995;
APPROVING A CHANGE IN USES OF 81,600 SQUARE -
FEET OF PREVIOUSLY APPROVED UNBUILT MEDICAL
CENTER USES LOCATED AT THE SOUTHEAST CORNER
OF BURNS ROAD AND GARDENS EAST DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
from TENET of South Florida Health Systems for an amendment to the Palm
Beach Gardens Medical Center Planned Unit Development which was
originally approved by Ordinance 28, 1991 and was subsequently amended
by Resolution 92; 1992, Resolution 3, 1995 and Ordinance 26, 1995 in order
to change uses within 81,600 square feet of previously approved, yet unbuilt,
Medical Center uses; and
WHEREAS, the 22.12 acre Palm Beach Gardens Medical Center site,
located at the southeast corner of Burns Road and Gardens East Drive, as
more particularly described in Exhibit "A ", is currently zoned Professional
Office with a Planned Unit Development Overlay Zone; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; and
WHEREAS, the Growth Management Department has reviewed said
application and; determined that it is consistent with the City's
Comprehensive Plan and Land Development Regulations; and
WHEREAS, the Growth Management Department has recommended
approval of the amendment of the Planned Unit Development (PUD) known
as the Palm Beach Gardens Medical Center; and
13
WHEREAS, the City's Planning and Zoning Commission has
reviewed said application and recommended that it be approved with the
requested waivers and subject to certain conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PALM -BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens,
Florida hereby approves an amendment to the "Palm Beach Gardens
Medical Center" PUD, located at the southeast corner of Burns Road and
Gardens East Drive, as more particularly described in Exhibit "A" attached
hereto and incorporated herein by this reference, to permit a change in uses
of 81,600 square feet of previously approved, yet unbuilt, medical center
uses to allow for the construction of a 37,500 square foot medical office
building, the addition of 30 hospital beds, the expansion of operating rooms,
the intensive care unit, and the mechanical, storage and service areas.
SECTION 2. Said Planned Unit Development is approved subject to
the following conditions, which shall be the responsibility of the applicant, its
successors or assigns:
(1) Prior to Construction Plan approval, the applicant shall submit
the original SFWMD permit. (City Engineer)
(2) Prior to issuance of first building permit, the applicant shall
submit a Boundary Plat.of the subject site to the City for review
and approval. The plat shall be recorded prior to the issuance
of the first building permit. (City Engineer)
(3) Prior to the issuance of first building permit and within 6
months of the issuance of the Development Order, the
applicant shall enter into a Public Facilities Agreement (PFA)
with Palm Beach County. The PFA will be for the widening of
Alternate Al A from RCA Boulevard to the new Loop Road
from four -lanes to six - lanes. (City Engineer)
(4) Prior to commencement of construction of the widening (to six
lanes) of Alternate Al from RCA Boulevard to the new Loop
Road and construction of the PGA Boulevard /Alternate A1A
interchange, total development shall generate no more than
904 new daily trips. (City Engineer)
(5) All unsatisfied conditions of approvals deriving from Ordinance
28, 1991 and Ordinance 26, 1995, to the extent not modified
14-
herein, remain in full force and effect. (Planning & Zoning)
(6) The build -out date of this project is December 31, 2010 as
referenced in the September 29, 2000 traffic impact analysis.
For the purposes of this condition, the project shall be
considered built -out if all building permits have been issued
and the applicant is actively engaged in the development of the
site. (Planning & Zoning)
(7) All landscaping within the Burns Road right -of -way adjacent to
the subject site shall be irrigated and maintained by the
petitioner- in accordance with the Land Development
Regulations. (Planning & Zoning)
SECTION 3. The following waivers are hereby, granted with this
approval:
1. Number of Parking Spaces Required - Section 180, which requires 298
parking spaces based on 2 spaces per bed (30 beds proposed), I space
per 200 s.f.. Medical Office Building (37,500 s.f. proposed), 1 space per
250 s.f. medical laboratory (12,000 s.f. proposed), 1 space per 2,000 s.f.
warehouse (3,300 s.f. proposed), to allow for 255 spaces, a deficit of 43
spaces.
2. Minimum width for parking spaces - Section 179, which requires 10 -foot
wide parking spaces, to allow for 9 -foot wide parking spaces.
3. Number of Wall Signs - Section 136, which allows for one wall sign per
building /principal tenant, to allow for 4 wall signs on Hospital Building and
2 wall signs on Medical Office Building.
4. Number of Ground Signs - Section 136, which allows for 3 monument
signs, 7 entrance /exit signs, and three directional signs, to allow for 13
directional signs.
5. Maximum Building Height in Public/Institutional is 45 feet, to allow for 49-
foot high Medical Office Building.
SECTION 4. Construction of the Planned Unit Development shall be
in compliance with the following plans on file with the City's Growth
Management Department:
Official Exhibits:
1. 9/18/00 Cover Sheet/Index of Drawings
2. 1/9/01 Master Plan, Oliver Glidden Partners
3. 11/14/00 Alternate Master Plan, 10' wide hospital use stalls,
Sheet A1.0a
4. 11/13/00 Alternate Master Plan (without 43 spaces, Sheet A1.0b
15 -
5. 11/13/00 Master Phasing Plan, Sheet A 1.1
6. 1/9/01 Signage Plan, Sheet A1.2
7. 5/1/00 Radiology Addition, Sheet A2.0
8. 5/1/00 Mechanical and Electrical Additions, Sheet A2.1
9. 5/1/00 3'd Story Hospital Addition, Sheet A2.2
10. 5/1/00 3rd Story Hospital Addition, Sheet A2.3
11. 11/21/00 Medical Office Building, Sheet A3.0
12. 5/1/00 Medical Office Building, Sheet A3.1
13. 5/1/00 Medical Office Building, 2nd and 3rd Floor Plan, Sheet A3.2
14. 5/1/00 Roof Plan, Sheet A3.3
15. 9/8/00 Building Elevations, Sheet A3.4
16. 11/14/00 Burns Road Street Elevation (M.O.B.), Sheet A3.4a
17. 9/8/00 Building Elevations, Sheet A3.5
18. 9/8/00 Loading /Storage, Material Management, Sheet A4.0
19. 9/8/00 Building Elevation, Sheet 5.0
20. 11/14/00 Lighting Plan, Sheet SPE
21. 11/21/00 Landscape Plans, Environmental Design Group, Sheets
1 -7
22. 11/27/00 Conceptual Drainage Plan, Kimley Horn, Sheet CDP 1
23. 1/21/00 Boundary and Topographic Survey
Supporting Documents:
September 29, 2000 Traffic Impact Analysis, Kimley -Horn.
SECTION 5. If any section, paragraph, sentence, clause, phrase, or
word of this Ordinance is for any reason held by a court of competent
jurisdiction to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of the Ordinance.
SECTION 6. All ordinances or parts of ordinances of the City of Palm
Beach Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 7. This Ordinance shall be effective upon adoption.
PLACED ON FIRST READING THIS `j' -`DAY OF-().e 2000.
PLACED ON SECOND READING THIS I"' DAY OF r,-6 2001.
PASSED AND ADOPTED THIS sf DAY OF F J, 2001.
16-
i
7S :PH . RUSSO
MAYOVIk,'ERIC ; JABLIN
CO LWOMLA N FURTADO
`GOUNCI AN AVID CLARK
COUNCILMAN CARL SABATELLO
I ST BY:
Al 7
CAROL GO, CMC
CITY CLERK
APPROVED A TO LEGAL
FORM AND FFIC E CY BY:
7nK
CITY ATTORNEY
VOTE: AYE
MAYOR RUSSO i
VICE MAYOR JABLIN i
COUNCILMAN CLARK
COUNCILWOMAN FURTADO /
COUNCILMAN SABATELLO
GAShort Range \pud9907or.doc
17
NAY
ABSENT
PALM BEACH GARDENS
Medical Center
Tenet South Florida HealthSystem
3360 Burns Road
Palm Beach Gardens, FL 33410
Tel 561.622.1411
September 14, 2001
Ed Tombari
Senior Planer
City of Palm Beach Gardens
Planing and Zoning Division
Growth Management Department
10500 N. Military Trail, Palm Beach Gardens, Florida 33410
Mr. Tombari;
CITY OF PALM BEACH GARDENS
P 2 0 2001
PLANNING G ZONING DEPT.
Please find attached a completed Development Application from Palm Beach Gardens Medical
Center requesting an Amendment to a recently approved PUD. The application is not requesting
any changes to the proposed distribution of approved square footage or use of space. The
application requests modifications to the terminology used to outline conditions of approval.
On February 1, 2001 the City Council approved Ordinance 35,2000 which addresses proposed
amendments to the Palm Beach Gardens Medical Center Planned Unit Development originally
approved by Ordinance 28, 1991 and subsequently amended by Resolution 92, 1992 Resolution 3,
1995 and Ordinance 26, 1995.
The City Council's approval was subject to certain conditions. Two of the conditions were the
submission of a Boundary Plat and the creation of a Public Facilities Agreement with Palm Beach
County. The terminology used to described these two conditions prescribed that they be
completed `prior to the issuance of the first building permit and within six months of the
Development Order'. We have been working diligently to complete these requests. The Plat is
essentially complete however the Palm Beach County Attorney is projecting another two to three
months before they will be able to address this issue. To meet the needs for which these projects
are intended to address we need to begin immediately.
We are prepared to commence four major projects described in the PUD including the creation of
new parking spaces and campus drainage, the expansion of the third floor tower, the construction
of a new. 12 bed ICU, and the development of the Women's /Out Patient Radiology Center. All of
these projects are at a state that we are ready to request building permits from the city. The
projects have been approved by AHCA, the capital has been obtained, and contractors are lined
up to begin consruction. We are concerned about getting these projects in place as soon as
possible in order to appropriately meet the healthcare needs of the citizens of our growing
community.
TENET®
7_ �a5,3
c�- >��►��.
SOUTH FLORIDA HEALTHSYS7EM
It is not our intention to avoid the conditions of approval but to modify them in such a way that
construction may commence in order that they may be completed and in place as soon as possible.
The parking, drainage and Radiology projects are scheduled to begin immediately so that we may
improve these services for this upcoming season. The Third Floor and ICU would begin shortly
following the start of the others to attempt to have them completed prior to the following season.
We have proposed language to amend the conditions that would require their satisfaction prior to
the issuance of a Certificate of Occupancy from the City of Palm Beach Gardens. We hope that
this amendment would be able to be addressed promptly by going directly to the next City Council
meeting for approval. Please feel free to contact me directly if you have any suggestions,
questions or concerns regarding our proposal. We appreciate your assistance in this matter.
Sincerely
Michael E. Jensen, erating Officer
Palm Beach Gardens Medical Center
cc Bahareh Keshavarez
Kimley -Horn
and Associates, Inc.
August 15, 2001
04736000
Ms. Bahareh Keshavarz
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Palm Beach Gardens Medical Center
Ordinance 35, 2000 Section 2. (3)
Public Facilities Agreement Update
Dear Ms. Keshavarz:
Kimley -Horn and Associates is currently working with Palm Beach Gardens
Medical Center and Palm Beach County in order to assist in the development of a
Public Facilities Agreement (PFA) as stipulated in the Palm Beach Gardens
Ordinance 35, 2000, adopted February 1, 2001. Pursuant to the ordinance, the
PFA will be for the widening of Alternate AIA from RCA Boulevard to the new
Loop Road from four -lanes to six - lanes.
Michael Greene of Blank Rome Comisky & Mc Cauley, is providing legal
counsel for Palm Beach Gardens Medical Center and is also working with Dan
Weisberg of Palm Beach County in preparing and finalizing the PFA.
Per Dan Weisberg, the county will need approximately 2 to 2 -1/2 months to
review the PFA prior to the submission to the Board of County Commissioners.
We anticipate the overall process to complete the Public Facilities Agreement in
the normal course will take approximately 3 -1/2 months. The County is
simultaneously working with other property owners in the vicinity to finalize
PFA's relative to their respective road segments.
Please contact me at 561/794 -4088 with any questions or concerns you may
have.
Sincerely,
KIMLEY -HORN AND ASSOCIATES, INC.
aw- W
Christopher D. Ralph
cc: Ed Tombari
cc: Mike Jensen (561) 694 -7160
cc: Michael Greene (5 61) 417 -8101
cc: Rocky Biby
■
TEL 561 562 7981 \\DOGBERnVOLI \PROJECIRPROJECI 847360000 \WP \Corresp\PFA_Letter.doc
FAX 561 562 9689
■
Suite 400
601 21st Street
Vero Beach, Florida
32960
PAGE 02
10/18/2001 11:09 5613552090
Deparpnent of Engineering
and Public works
P.O. Box 21229
West Palm Beach, FL 33416-1229
(561) 684 -4000
www co. palm - beach. R us
■
Palen Reach County
Board of County
Commissioners
Warren H. Newell. Chairman
Carol A. Raherm Vice Chair
Karen T, Marcus
Mary McCarty
Burt Aar Mss
-tlxtEy aulastbaate
Addie L cneene
County AdlrminS6it~
Robert W04ST aN
'An Equal Opportunity
40i'rmadve Aedon Employer,
66 pt►nAod on recycled paper
r
October 17, 2001
Mr. Ed Tombari, AICP, Senior Planner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410 -4698
RE: Alternate AIA - Public Facilities Agreement (PFA)
Palle Beach Gardens Ordinance 35,2000 -
Palm Beach Gardens Medical Center and others
Dear Mr. Tombari:
We understand that the City of Palm Beach Gardens has requested confirmation
from Palm Beach County that the County does not object to the extension of the
time for finalizing the PFA under the aforementioned Ordinance with respect to
the Alternate A.IA widening project.
This letter will confirm, that the County does not object to the extension of time
for finalizing -the PFA. This would apply to the Palm Beach Gardens Medical
Center, as they have brought this issue to our attention. In addition, we have no
objection to an extension for the other developments that are to be part of the j oint
PFA. The PFA continues to be negotiated with all the parties involved in the
Alternate Al widening and we anticipate that it should be approved within the
.next 90 days. At this time, any extension should not extend past February 1,
2002.
Sincerely,
George T. Webb, P.E.
County Engineer
PC: Charlie Walker, Director, Traffic Division
Marlene Everitt, Assistant County Attorney
I
N
T
E R
O
F
F I
C E
To: Honorable Mayor and City Council
From: Leonard G. Rubin, City Attorney
cc: Ron Ferris, City Manager
Subject: Litigation Report
Date: October 22, 2001
1. City of Palm Beach Gardens v. Charles Vavrus.
MEMO
The City filed suit against Charles Vavrus, the owner of approximately 4,700 acres of land,
to prevent the harvesting of trees and the clearing of land without the required permits,
applications and approvals. The Circuit Court entered an injunction in favor of the City, and
Vavrus appealed. The Fourth District Court of Appeal affirmed the entry of the temporary
injunction. The City then sought the entry of a permanent injunction. The case was set
for trial when Vavrus filed a counterclaim for inverse condemnation. Vavrus has filed a
motion to amend his counterclaim to assert new claims alleging violation of his
constitutional rights to due process and equal protection. The motion to amend the
counterclaim is currently before the court. The case is now once again in the discovery
phase.
Vavrus also filed an appeal from the Code Enforcement Board order finding him in violation
of the City Code, levying fines against him, and imposing liens against his property. The
Circuit Court Appellate Division recently affirmed the order entered by the Code
Enforcement Board. Vavrus filed a motion for rehearing, which was denied by the Court.
Vavrus recently filed a Petition for Writ of Certiorari with the Fourth District Court of Appeal,
seeking review of the Circuit Court's decision. The Court has yet to issue an order
requiring the City to file a Response.
This City has been represented by this office in all matters except the counterclaims filed
by Vavrus. Roberts & Reynolds (insurance counsel) is representing the City with respect
to the counterclaims.
2. Suffolk Construction Co. v. City of Palm Beach Gardens.
Suffolk filed suit in Circuit Court for damages arising out of the contract between the City
and Suffolk relating to the construction of the Municipal Complex. The parties settled all
issues at mediation, with the exception of Suffolk's entitlement to additional monies for
overhead expenses incurred prior to February 10, 1999. The parties .again attempted to
mediate this issue with no success. The City has filed an Answer and the case is in
its discovery phase.
City of Palm Beach Gardens
Litigation Report
October 22, 2001
Page 2
The City is represented by Stanley Klett of this office.
3. Adolf Alexandre v. City of Palm Beach Gardens.
Alexandre filed suit in Circuit Court against the City seeking damages for alleged violations
of the Florida Civil Rights Act of 1992. Alexandre was a probationary police office who was
terminated prior to the expiration of his probationary period. The City has filed an Answer
and the case is in its discovery phase.
The City is represented by Johnson, Anselmo, Murdoch, Burke & George (insurance
counsel).
4. City of Palm Beach Gardens v. John D. and Catherine T. MacArthur
Foundation and Bankers Life and Casualty Company.
The City filed suit in United States District Court for the Southern District seeking to recover
the costs incurred for the remediation of the soccer fields from the MacArthur Foundation
and Bankers Life, prior owners of the property. The City is also seeking damages against
the Foundation for breach of the agreement whereby the Foundation sold the recreation
field property to the City in exchange for park and recreation impact fee credits. Banker's
Life has filed an Answer. The Foundation has filed a Motion to Dismiss, which is
pending before the Court.
The City is represented by Ruden, McClosky, Smith, Schuster & Russell.
5. Dennis O'Rourke v. City of Palm Beach Gardens.
Former Assistant Police Chief O'Rourke filed suit in Circuit Court seeking damages for the
City's alleged violation of the Florida Whistle Blower's Act and the denial of his First
Amendment right to Freedom of Speech. The City terminated O'Rourke's employment at
the conclusion of an Internal Affairs Investigation into his conduct.
This City is represented by Roberts & Reynolds (insurance counsel).
6. Charles Vavrus v. Mayor Joseph Russo, Vice Mayor Eric Jablin, et al.
Charles Vavrus filed suit against each of the Councilmembers, City Forester Mark
Hendrickson, former Growth Management Director Roxanne Manning, and former City
Manager Bobbie Herakovich in their individual capacities, seeking damages for purported
violations of federal law relating to the City's regulation of his property. The case has been
City of Palm Beach Gardens
Litigation Report
October 22, 2001
Page 3
removed to federal court and counsel for the City has filed Motions to Dismiss. Counsel
for the City has also filed a notice of intent to seek sanctions against counsel for Vavrus
for filing a complaint not well founded in fact or law.
The City's elected officials and employees are represented by Roberts & Reynolds
(insurance counsel).
If you should have any questions about any of these matters, please do not hesitate
to contact this office.
PACPWin \H 1 STORY\011018A \47D. EA(319.000)
M E M O R A N D U M
WATTERSON, HYLAND & KLETT, P.A.
To: Honorable Mayor and City Council
From: Leonard G. Rubin, City Attorne
Subject: Settlement Agreement with Weiss roup, Inc. (Order Taxing Costs)
Date: October 22, 2001
On August 16, 2001, the City Council approved a settlement with Weiss Group, Inc.
of the eminent domain proceedings initiated by the City in connection with the widening of
Burns Road. At that time, this office advised the City Council that the settlement amount did
not include payment to the expert witnesses retained by Weiss Group and that the City was
statutorily required to pay such fees.
Attached please find an agreed order taxing costs to each of the expert witnesses
retained by Weiss Group in a total amount of $80,465.13. This office recommends that the
Council approve the payment of such expert witness fees in the amounts set forth therein.
The total costs for property acquisition forthe Burns Road project are well within the budget
established by the City and will be paid with bond funds.
Should you have any questions relative to the foregoing, orwish to discuss the matter
in greater detail, please do not hesitate to contact me.
cc: Ronald Ferris, City Manager
Jack Doughney, Assistant to the City Manager
Dan Clark, City Engineer
Allan Owens, Finance Director
P: \CPWi n \History\000306A \446.23(scw) (319.055)
FROM : GOLIS— TILLEY— CHAPMAN, ATTYS PHONE N0. : 561 3650709 Oct. 22 2001 10:06AM P1
LAW OFFICES
PATJL R. GOLIS, P.A.
2000 GLADES ROAD
SUITE 208
BOCA RATON, FLORIDA 33431
PAUL R. GOLIS
October 22, 2001
VIA FACSIMILE - 5611627 -5600
AND U.S. MAIL
Leonard G .Rubin, Esq.
Watterson, Hyland & Klett, P.A.
4100 RCA Blvd., Suite 100
Palm Beach Gardens, FL 33410
TELEPHONE (561) 367 -9777
FACSIMILE (561) 368-0709
Re: City of Palm Beach Gardens vs. Weiss Group, Inc., et al
Your client: RA CO AMO, INC.
Parcel No.: 505 -1 and 505.1 -1
Case No. CL 00 5818 AO
Dear Len:
Enclosed please find a copy of Agreed Order Taxing Costs, in connection with
the above- referenced eminent domain case. As you can see, the Court's Order
requires that the sum of $80,465.13 be mailed to H. Adams Weaver, Esquire within
thirty (30) days of the City's receipt of a conformed copy of this Order. In that regard, 1
received Judge Blanc's Order on October 18, 2001.
Consequently, please remit a check made payable to Jones, Foster, Johnston &
Stubbs, P.A. to H. Adams Weaver, Esquire, no later than November 16, 2001,
If you need to get his on the agenda for consideration by the City Council,
hopefully this will give you enough advance notice.
In any event, should you have any questions in regard to the foregoing, please
do not hesitate to contact me.
Ste' cer /elly,
Paul R. Golis
PRG /lb
FROM GOLIS— TILLEY— CHAPMAN, ATTYS PHONE NO. : 561 3680709 Oct. 22 2001 10:07AM P2
1
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT OF
FLORIDA, IN AND, FOR PALM BEACH
COUNTY.
CASE NO: CL 00 5818 AO
CITY OF PALM BEACH GARDENS,
Petitioner,
V. PARCELS 505 -1 AND 505.1 -1
WEISS GROUP, INC., et al.,
Defendants.
AGREED ORDER TAXING COSTS
THIS CAUSE came before the Court upon the
Motion to Tax Costs of
Defendant, WEISS GROUP, INC., and the parties having agreed
to same, and the
Court, being fully advised in the premises,
ORDERS AND ADJUDGES as follows:
1. The Defendant, WEISS GROUP, INC.,
has
and recovers as
reimbursement for costs hereafter mentioned the sums of:
A. Jenkins Appraisal Service, Inc.
$
6,095.25
B. Lawson Valuation Group, Inc.
$
4,200.00
C. Jeffrey A. Ornstein, P.A.
$
1,125.00
D. Zook Moore & Associates, Inc.
$
27,000.00
E. Cunningham & Durrance
$
23,292.05
F. Epic, inc_
$
7,000.00
G_ Kilday & Associates, Inc.
$
2,409.87
FROM GOLIS— TILLEY— CHAPMAN, ATTYS PHONE NO. : 561 3680709
'Y
Oct. 22 2001 10:07AM P3
H. Gerald M. Ward, P.E. $ 8,887.15
I. Jones, Foster, Johnston & Stubbs, P.A. $ 455.81
TOTAL $ 801,465.13
2. The Petitioner, CITY OF PALM BEACH GARDENS, shall pay
Jones, Foster, Johnston & Stubbs, P.A., as attorneys for Defendant, WEISS GROUP,
INC., the sum of $80,465.13, which sum shall be distributed as set forth herein, within
thirty (30) days of receipt of a conformed copy of this Order, and mail it to H. Adams
Weaver, Esquire, 'P. 0. Box-347.5, West Palm Beach, Florida 33402 -3475.
DONE AND ORDERED at West Palm Beach, Palm Beach County,
Florida, this _ day of OCTOBER, 2001.
Copies furnished to:
Paul Golis, Esquire
for Petitioner
2000 Glades Road
Suite 208
Boca Raton, Florida 33431
H. Adams Weaver, Esquire
for Defendant
P. 0... Box 3475
West Palm Beach, Florida 33403 -3475
HAW /20321- IIMOTION TO TAX COSTS ORDER
SIGNED AND DATED
CIRCUIT COUNT
OCT 17 '2009
JUDGE PETER D. BLANC
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PROCLAMATION
STATE OF FLORIDA
CITY OF PALM BEACH GARDENS
WHEREAS, Geography Awareness Week is November 11-17; and
WHEREAS, National Geographic Information System (GIS) Day is November
14, 2001; and
WHEREAS, Geography Awareness Week promotes geographic literacy in
schools; and
WHEREAS, GIS is an important part of geography awareness; and
WHEREAS, the City of Palm Beach Gardens is committed to expanding GIS to
the general public in order to showcase real-world applications with GIS.
NOW, THEREFORE, I, Joseph R. Russo, Mayor of the City of Palm Beach
Gardens, do hereby proclaim November 14, 2001, as
NATIONAL GIS DAY
in the City of Palm Beach Gardens, Floridil.
Carol Gold, C, City Clerk
IN WITNESS WHEREOF, I have
hereunto set my hand and
caused the Seal of the City of
Palm Beach Gardens, lo · a, to
be affixed his st ay of
Novembe, nd and
One.